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

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

Vol. 155 WASHINGTON, THURSDAY, DECEMBER 17, 2009 No. 192 House of Representatives The House was not in session today. Its next meeting will be held on Saturday, December 19, 2009, at 6 p.m. Senate The Senate met at 10 a.m. and was O God, from whom all noble desires ings, enabling them to see and experi- called to order by the Honorable and all good counsels do proceed, crown ence evidences of Your love. May their KIRSTEN E. GILLIBRAND, a Senator from the deliberations of our lawmakers consistent communication with You the State of New York. with spacious thinking and with sym- radiate in their faces, be expressed in pathy for all humanity. As they face their character, and be exuded in posi- PRAYER perplexing questions, quicken in them tive joy. Sanctify this day of labor The Chaplain, Dr. Barry C. Black, of- every noble impulse, transforming fered the following prayer: their work into a throne of service. with the benediction of Your approval. Let us pray. Lord, shower them with Your bless- We pray in Your great Name. Amen.

NOTICE If the 111th Congress, 1st Session, adjourns sine die on or before December 23, 2009, a final issue of the Congres- sional Record for the 111th Congress, 1st Session, will be published on Thursday, December 31, 2009, to permit Members to insert statements. All material for insertion must be signed by the Member and delivered to the respective offices of the Official Reporters of Debates (Room HT–59 or S–123 of the Capitol), Monday through Friday, between the hours of 10:00 a.m. and 3:00 p.m. through Wednesday, December 30. The final issue will be dated Thursday, December 31, 2009, and will be delivered on Monday, January 4, 2010. None of the material printed in the final issue of the Congressional Record may contain subject matter, or relate to any event, that occurred after the sine die date. Senators’ statements should also be formatted according to the instructions at http://webster/secretary/conglrecord.pdf, and submitted electronically, either on a disk to accompany the signed statement, or by e-mail to the Official Reporters of Debates at ‘‘[email protected]’’. Members of the House of Representatives’ statements may also be submitted electronically by e-mail, to accompany the signed statement, and formatted according to the instructions for the Extensions of Remarks template at http:// clerk.house.gov/forms. The Official Reporters will transmit to GPO the template formatted electronic file only after receipt of, and authentication with, the hard copy, and signed manuscript. Deliver statements to the Official Reporters in Room HT–59. Members of Congress desiring to purchase reprints of material submitted for inclusion in the Congressional Record may do so by contacting the Office of Congressional Publishing Services, at the Government Printing Office, on 512–0224, between the hours of 8:00 a.m. and 4:00 p.m. daily. By order of the Joint Committee on Printing. CHARLES E. SCHUMER, Chairman.

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VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00001 Fmt 0637 Sfmt 8633 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13344 CONGRESSIONAL RECORD — SENATE December 17, 2009 PLEDGE OF ALLEGIANCE an amendment they did not like, and RECOGNITION OF THE MINORITY The Honorable KIRSTEN E. then complaining when that amend- LEADER GILLIBRAND led the Pledge of Alle- ment they did not like was withdrawn, The ACTING PRESIDENT pro tem- giance, as follows: they have made their point to the pore. The Republican leader is recog- American people. They have made it I pledge allegiance to the Flag of the nized. United States of America, and to the Repub- perfectly clear they have no interest in f lic for which it stands, one nation under God, cooperating or legislating. indivisible, with liberty and justice for all. But the families and businesses who HEALTH CARE REFORM are suffering, hurting, and dying every f Mr. MCCONNELL. Madam President, single day have no time for these kinds Senators on both sides acknowledge APPOINTMENT OF ACTING of games. That is why we are going to that the health care bill we are consid- PRESIDENT PRO TEMPORE finish health care whether the other ering is among the most significant The PRESIDING OFFICER. The side cooperates or not. pieces of legislation any of us will ever clerk will please read a communication But health care is not the only crit- consider—I think, I would argue, the to the Senate from the President pro ical issue this body faces. It is not the most significant piece of legislation tempore (Mr. BYRD). only critical issue to this country or certainly in my time here. So it stands The legislative clerk read the fol- before this body. Right now we have to to reason we would devote significant lowing letter: complete a bill that supports the fight- time and attention to it. ing men and women of this country, Indeed, some would argue we should U.S. SENATE, spend more time and attention on this PRESIDENT PRO TEMPORE, whether they are in Iraq, Afghanistan, Washington, DC, December 17, 2009. Korea, Japan—all those many bases bill than most—if not every—previous To the Senate: where tens of thousands of people are bills we have considered. Under the provisions of rule I, paragraph 3, stationed. It is as simple as that. The majority, obviously, disagrees. of the Standing Rules of the Senate, I hereby Here are some of the good things in Why? Because this bill has become a appoint the Honorable KIRSTEN E. the bill that is now before the Senate, political nightmare—a literal political GILLIBRAND, a Senator from the State of New the message from the House. It funds nightmare to them—as evidenced by York, to perform the duties of the Chair. more than $100 billion for operations, more and more public opinion polls, in- ROBERT C. BYRD, cluding the Wall Street Journal/NBC President pro tempore. maintenance, and military personnel requirements for the wars in Iraq and poll out this morning. They know Mrs. GILLIBRAND thereupon as- Afghanistan. Part of that money will Americans are overwhelmingly opposed sumed the chair as Acting President also support preparations to continue to it, so they want to get it over with pro tempore. withdrawal from Iraq. There is more as quickly as possible. f than $23 billion for the equipment used Americans are already outraged at by our servicemembers in Iraq and Af- the fact that Democratic leaders took RECOGNITION OF THE MAJORITY their eyes off the ball, rushing the LEADER ghanistan to do their jobs and stay safe. There is more than $150 billion to process on a partisan line that makes The ACTING PRESIDENT pro tem- train our troops and prepare them for the situation even worse. pore. The majority leader is recog- battle. There is more than $30 billion Americans were told the purpose of nized. for the health care of our servicemem- reform was to reduce the cost of health care. Instead, Democratic leaders pro- f bers, their families, and their children. It also gives our brave and valiant duced a $2.5 trillion, 2,074-page mon- SCHEDULE strosity that vastly expands govern- troops a pay raise of 3.4 percent this ment, raises taxes, raises premiums, Mr. REID. Madam President, fol- year. lowing leader remarks, the Senate will This is not a partisan issue. Yester- and wrecks Medicare. And they want to resume consideration of the motion to day, this bill passed the House 395 to 34. rush this bill through by Christmas? concur with respect to H.R. 3326, the More than 90 percent of Democrats They want to rush this bill through by Defense Appropriations Act. The first voted for this bill. More than 90 per- Christmas that does all of these de- hour will be equally divided and con- cent of Republicans in the House of structive things. One of the most sig- trolled between the two leaders or Representatives voted for this bill. nificant, far-reaching pieces of legisla- their designees. The Republicans will That is because they know to our fight- tion in U.S. history, and they want to control the first 30 minutes and the ing men and women—these brave rush it. Here is the most outrageous part. At majority will control the next 30 min- Americans half a world away, a lot of the end of this rush, they want us to utes. I filed cloture on the motion to them—who wage two wars on our be- vote on a bill that no one outside the concur. That vote will occur sometime half, it is immaterial whether the lead- in the next 10 or 12 hours. majority leader’s conference room has ers who will give them all the re- seen yet. No one has seen it. That is f sources they need to succeed are pro- right. The final bill we vote on is not gressives or conservatives. Surely, our PASSAGE OF CRITICAL even the one we have had on the floor troops who are on deployment after de- LEGISLATION of the Senate. It is the deal Democratic ployment after deployment spend more leaders have been trying to work out in Mr. REID. Madam President, we are time counting the days until they can private. That is what they intend to going to finish this health care bill be- see their loved ones again than they do bring to the Senate floor and force a fore we leave for the holidays. counting the political points scored by vote on before Christmas. For nearly an entire year, we have either side. They do not care most of So this entire process is essentially a reached out to the other side, offered the time, Madam President. They just charade. But let’s just compare the Republicans a seat at the table, tried do their jobs. process so far with previous legislation to negotiate in good faith—nearly a The House proved as much yesterday. for a little perspective. whole year. Now we are closer than The Senate should do the same today. Here is a snapshot of what we have ever to fixing a badly broken system We received this bill yesterday at 2 done and where we stand on this bill. and doing more to make sure every p.m. Are we going to wait until tomor- The majority leader intends to bring American can afford to live a healthier row to pass it? This simply is not right. this debate to a close as early as this life than this country has done in dec- Let’s give our troops what they need to weekend—4 days from now—on this $2.5 ades. succeed, and do it now. Then let’s get trillion mistake. No American who has The Republicans have made their back to giving all Americans what they not been invited into the majority point. Through obstruction manuals, need to stay healthy. leader’s conference room knows what admissions that they believe stalling is These two bills—these two pieces of will be in the bill. good for electoral politics, and gambits legislation—are about life and death. The bill has been the pending busi- like the one we saw yesterday; that is, Our responsibility is too great to waste ness of the Senate since last Novem- forcing the full, hours-long reading of time playing political games. ber—less than 4 weeks ago—but we

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00002 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13345 have actually only started the amend- Madam President, I yield the floor. So here is Governor Schwarze- ment process 2 weeks ago—just 2 weeks f negger’s advice, following up on the ago on the amendment process. comments of the leader: ‘‘So I would We have had 21 amendments and mo- RESERVATION OF LEADER TIME say be very careful to the Federal Gov- tions—less than 2 a day. The ACTING PRESIDENT pro tem- ernment.’’ So let’s look at how the Senate has pore. Under the previous order, the This is from the Governor of Cali- dealt with previous legislation, argu- leadership time is reserved. fornia: ably of lesser consequence than this Before you go to bed with all this, let’s f one. rethink it. There is no rush from one second No Child Left Behind in 2001: 21 ses- DEPARTMENT OF DEFENSE to the next. Let’s take another week or two. sion days over 7 weeks, 44 rollcall APPROPRIATIONS ACT, 2010 Let’s come up with the right package. votes, 157 amendments offered. The ACTING PRESIDENT pro tem- I wonder if the Senator saw it. The 9/11 Commission/Homeland Secu- Mr. MCCAIN. I thank the Senator pore. Under the previous order, the rity Act in 2002: 19 session days over 7 from Tennessee who also understands Senate will resume consideration of weeks, 20 rollcall votes, 30 amendments this issue as well as or better than any- the House message with respect to H.R. offered. one, having been a Governor and recog- 3326, which the clerk will report. The Energy bill in 2002: 21 session nizing the problems the Governors The legislative clerk read as follows: days over 8 weeks, 36 rollcall votes, 158 face. amendments offered. House message to accompany H.R. 3326, a If I could step back a second, Gov- bill making appropriations for the Depart- Now, Madam President, this is not an ernor Schwarzenegger is a very astute energy bill. This is an attempt by the ment of Defense for the fiscal year ending September 30, 2010, and for other purposes. observer of the political scene in Cali- majority to take over one-sixth of the fornia. May I point out to my col- Pending: U.S. economy—to vastly expand the leagues, in this morning’s Wall Street reach and role of government into the Reid motion to concur in the amendment Journal: ‘‘Democrats’ Blues Grow health care decisions of every single of the House to the amendment of the Senate Deeper in New Poll,’’ and then: ‘‘Sup- American—and they want it to be done to the bill. Reid motion to concur in the amendment port for Health Overhaul Wanes.’’ after one substantive amendment—one There is some remarkable informa- large, substantive amendment. This is of the House to the amendment of the Senate tion concerning the mood and views of absolutely inexcusable. with amendment No. 3248 (to the House amendment to the Senate amendment), to the American people, following on a I think Senator SNOWE put it best on change the enactment date. Washington Post ABC News poll out Tuesday. This is what she had to say Reid motion to refer the amendment of the Tuesday of this week. ‘‘Given the enor- yesterday that says 51 percent of House to the Committee on Appropriations, Americans say they oppose the pro- mity and complexity,’’ Senator SNOWE with instructions, Reid amendment No. 3249, posed changes to the system; 44 percent said, ‘‘I don’t see anything magical to provide for a study. about the Christmas deadline if this Reid amendment No. 3252 (to Reid amend- approve. bill is going to become law in 2014.’’ ment No. 3248), to change the enactment Thanks to the efforts of so many peo- And I think Senator SNOWE’s com- date. ple, including our leadership, we have ments on a lack of bipartisanship at Reid amendment No. 3250 (to amendment turned American public opinion be- the outset of this debate are also right No. 3249), of a perfecting nature. cause we have been informing them of Reid amendment No. 3251 (to amendment the consequences of passage of this leg- on point. Here is what Senator SNOWE No. 3250), of a perfecting nature. said in November of this year—late No- islation. vember: The ACTING PRESIDENT pro tem- Let me quote from the Wall Street I am truly disappointed we are com- pore. Under the previous order, Sen- Journal article: mencing our historic debate on one of the ators are permitted to speak for up to More Americans now believe it is better to most significant and pressing domestic 10 minutes each, with the first hour keep the current health system than to pass issues of our time with a process that has equally divided and controlled between President Barack Obama’s plan, according to forestalled our ability to arrive at broader the two leaders or their designees, with a new Wall Street Journal-NBC News poll. agreement on some of the most crucial ele- the Republicans controlling the first Findings mark a shift from the fall when the ments of health care reform. The bottom line half and the majority controlling the overhaul enjoyed the edge over the status quo. According to the poll, 44 percent of is, the most consequential health care legis- second half. lation in the history of our country and the Americans said it is better to pass no plan at reordering of $33 trillion in health care The Senator from Arizona is recog- all compared with 41 percent who said it is spending over the coming decade shouldn’t nized. better to pass the plan. be determined by one vote-margin strate- Mr. MCCAIN. Madam President, I ask What they are saying is: Don’t do gies—surely— unanimous consent that the Senator this government takeover; don’t in- Surely— from Tennessee lead a colloquy includ- crease taxes; don’t increase spending; we can and must do better. ing the Senator from Oklahoma, the don’t increase the costs. It is a remark- Well, Senator SNOWE is entirely cor- Senator from Wyoming, myself, and able shift, thanks to informing the rect. the Senator from Kentucky. American people. The only conceivable justification for The ACTING PRESIDENT pro tem- Could I mention a couple of other rushing this bill is the overwhelming— pore. Without objection, it is so or- points made in this poll in the Wall overwhelming—opposition of the dered. Street Journal. In September, 45 per- American people. Democrats know the Mr. ALEXANDER. Madam President, cent of Americans said they wanted the longer Americans see this bill, the less I thank the Senator from Arizona. plan passed; 39 percent wanted to they like it. I was thinking as I listened to the ‘‘keep the current system.’’ In Decem- Here is the latest from Pew; it came Republican leader, I wonder if the Sen- ber, in polling out today, only 41 per- out just yesterday. A majority—58 per- ator noticed the comments of the Gov- cent of the American people want it cent—of those who have heard a lot ernor of California on Monday. Gov- passed, and 44 percent say keep the about the bill oppose it, while only 32 ernor Schwarzenegger said on ‘‘Good current system. percent favor it. Morning America’’ that he supports Then, of course, we have another in- There is no justification for this the idea of overhauling health care, teresting statistic: blind rush, except a political one, and but: ‘‘the last thing we need,’’ said Trust that the government will do what is that is not good enough for the Amer- Governor Schwarzenegger, ‘‘is another right: 21 percent say always or most of the ican people, and that is not justifica- $3 billion in spending when we already time; 46 percent say only some of the time; tion for forcing the Senate to vote on a have a $20 million deficit.’’ and 32 percent of the American people say al- bill that none of us have seen. He was referring to one of the unin- most never. Americans already oppose the bill. tended consequences of this bill, which Of course, the anger and disapproval The process is just as bad. It is com- is big State costs for Medicaid being of this health care plan right now is pletely reckless and completely irre- shifted to the States—unfunded man- the centerpiece of Americans’ dis- sponsible. dates. satisfaction of the way we do business.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13346 CONGRESSIONAL RECORD — SENATE December 17, 2009 Let me say finally, because my col- American, but most historians agree it what my colleague from Wyoming leagues wish to speak, we don’t have a was a mistake and it contributed to thinks. bill. We don’t have a bill. Here we have the Depression. Mr. BARRASSO. Madam President, I been debating all this time and we do There was the Alien and Sedition Act agree completely. As a practicing phy- not have legislation. This was one of of 1798. It sounded good at the time. We sician taking care of people in Wyo- the bills we were presented with, but were going to keep the foreigners in ming for 25 years, I have great con- we know that significant changes are our midst—they were mostly French cerns about this bill, what we know for being made behind closed doors. We then—from saying bad things about the sure is in it, which is $500 billion of don’t have a CBO estimate of the cost, government, but it offended all of our cuts in Medicare to our patients who do we? We understand they keep send- traditions about free speech. depend on Medicare, and that is a sys- ing estimates over to CBO and it comes In 1969 Congress enacted the ‘‘mil- tem that we know is going broke. That back and so they send them back, lionaires’ tax,’’ they called it, to try to is why there is a front-page story in which probably is why last week the catch 155 Americans who weren’t pay- one of the Wyoming papers: ‘‘Doctors Senator from Illinois, the No. 2 ranking any tax. That turned out to be a Shortage Will Worsen.’’ It is going to ing Democrat, said to me, I don’t know historic mistake, because last year it be harder on rural communities and what is in the bill either. I have the caught 28 million American taxpayers others around the country if this goes exact quote: until we had to rush to change it. through, and we know that because the Just a couple more. There was the I would say to the Senator from Arizona folks who have looked at the parts of that I am in the dark almost as much as he Catastrophic Coverage Act of 1988. the bill we have seen have said that is, and I am in the leadership. That was well named, but it turned out one-fifth of the hospitals in this coun- That is an interesting commentary. to be a catastrophe, a congressional ca- try will be—if they are able to keep Of course, the issue of the protection tastrophe. The idea was to help seniors their doors open—operating at a sig- of the rights of the unborn is still un- deal with illness-related financial nificant loss 10 years from now. That is clear. That is a big issue for a lot of losses, but seniors didn’t like paying not the best future for health care in Americans. It is a big issue with me, for it. They surrounded the chairman our country. and I know it is a big issue with my of the Ways and Means Committee in I had a telephone townhall meeting. colleagues. Chicago and now the leader of that People from all around the State of So here we are back, off of the bill group is a Member of Congress. Wyoming were calling in and asking Then there was a luxury tax on boats itself, and apparently we are going to me questions, and they asked: What is over $100,000, another historic mistake, have some kind of vote on Christmas in the bill? What is coming to the Sen- because it raised about half the taxes it Eve or something such as that. ate? What the American people are saying was supposed to and it nearly sank the We don’t know yet. We haven’t seen boating industry and it put 7,600 people now is, when they say keep the status it. out of jobs. They said: Well, when you find out, quo, they are saying: Stop. Go back to I ask my friends from Oklahoma and come home and let’s have some more the beginning. Sit down on a bipartisan Wyoming—it is going to be a lot harder townhall meetings so we can have some basis and let’s get this done, but let’s for Congress, if they try to fix the input. get it done right. health care system all at once, to come That is what we ought to do as a Sen- Americans know that Medicare is back and repeal it than it was to repeal ate. We ought to know what is in the going broke. Americans know that a boat tax. Do my colleagues think we bill and then let us go home and share costs are rising too quickly, but Ameri- ought to take the time to avoid an- it with our friends so they know. Be- cans want us to do this right and not in other historic mistake? cause right now what the American a partisan fashion and not with a bill Mr. COBURN. Well, I would answer people have seen of this bill, the 2,000- that costs too much, taxes too much, my colleague from Tennessee. As a page bill, they rightly believe this will and deprives people of their benefits. practicing physician, what I see as the increase the cost of their own personal Mr. ALEXANDER. Madam President, historic mistake is we are going to care. I thank the Senator from Arizona for allow the Federal Government to de- Mr. COBURN. Madam President, if his comments. We have two physicians cide what care you are going to get. We my colleague would yield, yesterday I in the Senate, Dr. COBURN from Okla- are going to compromise the loyalty of asked the chairman of the Finance homa and Dr. BARRASSO from Wyo- your physician so that no longer is he Committee to agree to a unanimous ming. I wonder if they would bear with or she going to be a 100-percent advo- consent request that, in fact, for at me for a minute or two to reflect on cate for you, he or she is going to be an least 72 hours the American people something the majority leader said— advocate for the government and what would get to see this bill; the Members minority leader said—I hope he is the the government says. Because in this of the Senate would get to see this bill; majority leader before too long—and bill—even the one that is going to that there be a complete CBO score so the Senator from Arizona. come—there are three different pro- we can have an understanding. He de- The minority leader, the Republican grams that put government bureauc- nied that request. leader, talked about a historic mis- racy in charge of what you can and That comes back to transparency. take. There has been a lot of talk cannot have. It doesn’t consider your The American people expect us to around here about making history on personal health, your past history, or know exactly what we are voting on. health care. The problem is there are your family history; they are going to They expect us to have read what we many different kinds of history, as the say here is what you can and cannot are voting on. His explanation was: I Republican leader has pointed out. It do. That is called rationing. That is in can’t guarantee that. It presumes a seems our friends on the other side are the bill. That is coming. That is a his- certain level of perception on my part, absolutely determined to pursue a po- toric mistake because it ruins the best an understanding of delving into the litical kamikaze mission toward a his- health care system in the world in the minds of the Senators that they could toric mistake which will be disastrous name of trying to fix a smaller problem actually understand. What does under- for them in the elections of 2010, but in terms of access, and it ignores the stand mean? That is the kind of gib- much more important, for the country. real problem. berish the American people absolutely I did a little research on historic mis- The real problem is health care in don’t want. They want us to know takes. We have made them before in this country costs too much. We all what we are voting on when we get the United States. Maybe we would be know this bill doesn’t drive down costs, ready to vote on this bill. wise to take Governor Schwarze- it increases costs. So your premiums Mr. MCCAIN. Madam President, isn’t negger’s advice and slow down and stop go up, your costs go up, your care is that a violation of the commitment and learn from our history rather than going to go down because the govern- that was made that for 72 hours any try to top our previous historic mis- ment is going to tell you what you legislation would be online, not just for takes, such as the Smoot-Hawley tar- have to have. us to see but for all Americans to see? iff. That sounded pretty good at the I think that is a historic mistake and Could I ask the Senator from Ken- time in 1930 when the idea was to buy we have not addressed that. I wonder tucky, the Republican leader: Is it not

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13347 the perception now that this bill is Republican candidates in next year’s elec- cratic Party. And just 38% of Hispanics feel probably going to be pushed through? tions. Support from independents for the positive, down sharply from 60% in Feb- Through various parliamentary proce- president and his party continues to dwindle. ruary. dures, the majority will try to force a In addition, voters intending to back Repub- The survey, which was conducted Dec. 11– licans expressed far more interest in the 2010 14, has a margin of error of 3.1 percentage final vote on this legislation, no mat- races than those planning to vote for Demo- points. ter what, before we leave? Isn’t that in crats, illustrating how disappointment on contradiction to what the majority of the left over attempts by party leaders to [From the Wall Street Journal, Dec. 17, 2009] the American people are saying, that compromise on health care and other issues SUPPORT FOR HEALTH OVERHAUL WANES is damping enthusiasm among core party they want us to do nothing? Is this a (By Janet Adamy) responsible way to govern, to have the voters. The public is turning against an overhaul Senate in round the clock, 24 hours, But public displeasure with Democrats wasn’t translating directly into warmth for of the health-care system, complicating people on the floor, quorum calls and Republicans. Twenty-eight percent of voters Democrats’ effort to pass a sweeping bill in all this kind of stuff; and there would expressed positive feelings about the GOP—a the Senate. also be no amendments allowed at that number that has remained constant through More Americans now believe it is better to time for us to at least address some of the Democrats’ decline over the summer and keep the current health system than to pass the issues of this bill that begins cut- fall. Only 5% said their feelings toward the President Barack Obama’s plan, according to ting Medicare by $500 billion, increases Republicans were ‘‘very positive.’’ a new Wall Street Journal/NBC News poll. taxes by $500 billion on January 1, and And in one arena, Afghanistan, Mr. Obama The findings mark a shift from the fall, when the overhaul enjoyed a slight edge over the in 4 years begins spending $2.5 trillion? appeared to have some success in winning support for his planned troop surge. Liberals status quo. They could make it more dif- Is this a process the American people remain largely opposed to the strategy, but ficult to get wavering lawmakers on board as are reacting to in a negative fashion, in fewer numbers compared with before Mr. the Senate prepares to vote on the measure obviously, by polling data? Obama made his case in a speech at West as soon as next week. Some Democrats ex- By the way, I ask unanimous consent Point. Overall, by 44% to 41%, a plurality be- pect support will rebound if they can pass a that the Wall Street Journal article lieve his strategy is the right approach. bill quickly and start selling it. entitled ‘‘Democrats’ Blues Grow Deep- Still, the survey paints a decidedly gloomy According to the poll, 44% of Americans er in New Poll’’ and ‘‘Support for picture for Democrats, who appear to be said it is better to pass no plan at all, com- bearing the brunt of public unease as unem- pared with 41% of Americans who said it’s Health Overhaul Wanes’’ be printed in ployment has risen from 7.6% to 10% since better to pass the plan. In early October, 45% the RECORD. Mr. Obama took office. Just 35% of voters of respondents preferred passing a bill, while There being no objection, the mate- said they felt positively about the Demo- 39% preferred passing no bill. Uninsured peo- rial was ordered to be printed in the cratic Party, a 14-point slide since February. ple were among those who have grown less RECORD, as follows: Ten percent felt ‘‘very positive.’’ supportive of the plan. [From the Wall Street Journal, Dec. 17, 2009] ‘‘Overall, it’s just a depressing time right In seeking support for his top domestic pri- now,’’ said Mike Ashmore, 23 years old, of ority, Mr. Obama has said the status quo DEMOCRATS’ BLUES GROW DEEPER IN NEW Lansdale, Pa., an independent who supported wasn’t acceptable because insurance pre- POLL Mr. Obama last year but now complained miums were rising sharply and government (By Peter Wallsten) about the president’s lack of action on jobs. insurance programs were headed toward in- WASHINGTON.—Less than a year after Inau- Julie Edwards, 52, an aircraft technician solvency. Republicans have argued that guration Day, support for the Democratic for Boeing Co. in Mesa, Ariz., said she voted many Americans could be worse off, particu- Party continues to slump, amid a difficult Democratic in the past two elections but larly the elderly, because the legislation economy and a wave of public discontent, ac- wasn’t sure how she would vote next time. contained hundreds of billions of dollars in cording to a new Wall Street Journal/NBC She wondered why Wall Street firms were cuts to health-care providers through Medi- News poll. bailed out when average Americans needed care. The legislation would extend health-in- The findings underscored how dramatically help. ‘‘We can bail out Wall Street, but ev- surance coverage to at least 30 million more the political landscape has changed during erybody else has to suffer in spades for it,’’ Americans by widening the Medicaid federal- the Obama administration’s first year. In she said. state insurance program for the poor and January, despite the recession and financial Democratic leaders, while bracing for providing subsidies to lower earners to help crisis, voters expressed optimism about the losses next year, have argued that unlike the them buy coverage. future, the new president enjoyed soaring ap- 1994 elections, in which Republicans gained The idea of creating a government-run proval ratings, and congressional leaders 54 seats and took the House majority, Demo- health-insurance option still enjoys consid- promised to swiftly pass his ambitious agen- crats would survive 2010 in part because they erable support. Democrats dropped the idea da. are taking steps to avoid that possibility. from the Senate version of the health bill. In December’s survey, for the first time, Republicans must gain 41 seats to take con- When asked what they thought of removing less than half of Americans approved of the trol. the public option, 45% of respondents said job President Barack Obama was doing, House Speaker Nancy Pelosi said Wednes- that wasn’t acceptable, while 42% called it marking a steeper first-year fall for this day that Democrats ‘‘fully intend to be in acceptable. president than his recent predecessors. the majority’’ after November 2010, and she Respondents also favored letting people Also for the first time this year, the elec- was now shifting to ‘‘campaign mode’’ to buy into Medicare starting at age 55, another torate was split when asked which party it help candidates. Party officials are leaning idea Democrats abandoned to win the sup- wanted to see in charge after the 2010 elec- on a number of longtime colleagues to fight port of centrists needed to pass the bill in tions. For months, a clear plurality favored for their seats rather than retire. the Senate. Democratic control. The Journal/NBC survey found Ms. Pelosi’s Democrats ‘‘clearly have irritated their The survey suggests that public discontent presence on the campaign trail could do own base in a way that has dropped their en- with Mr. Obama and his party is being driven more harm than good. Fifty-two percent said thusiasm for their own plan,’’ said Bill by an unusually grim view of the country’s they would be less likely to vote for a can- Mclnturff, a Republican pollster who con- status and future prospects. didate who agreed with the speaker almost ducted the Wall Street Journal/NBC News A majority of Americans believe the U.S. all the time, compared with 42% who felt poll with Democratic pollster Peter Hart. is in decline. And a plurality now say the that way about candidates siding with Re- In September, 81% of liberal Democrats U.S. will be surpassed by China in 20 years as publican leaders. thought the health plan was a good idea, and the top power. For Mr. Obama, who has relied on his per- 6% thought it was a bad idea. In the most re- Democrats’ problems seem in part linked sonal popularity to retain the clout he needs cent survey, 66% of liberal Democrats called to their ambitious health-care plan, billed as to enact his legislative agenda, the survey it a good idea, while 13% called it a bad idea. the signature achievement of Mr. Obama’s pointed to troubling signs. House Speaker Nancy Pelosi suggested the first year. Now, for the first time, more peo- A majority for the first time disapproved decline in support for the health legislation ple said they would prefer Congress did noth- of his handling of the economy. And the was due to ‘‘mischaracterization’’ by oppo- ing on health care than who wanted to see public’s personal affection for the president, nents. She predicted views would turn the overhaul enacted. a consistent strong suit, has begun to fray. around when the House and Senate coalesced ‘‘For Democrats, the red flags are flying at Fifty percent now feel positive about him, around a single bill and the president began full mast,’’ said Democratic pollster Peter six points lower than in October and an 18- selling it to the public. ‘‘It’s very hard to Hart, who conducted the survey with Repub- point drop since his early weeks in office. merchandise health care until you have a lican pollster Bill Mclnturff. ‘‘What we don’t Democrats’ troubles can be attributed in bill,’’ she said. know for certain is: Have we reached a bot- part to changing feelings among some core toming-out point?’’ supporters. A third of voters 34 and under, a Mr. MCCONNELL. Madam President, The biggest worry for Democrats is that group that turned out heavily for Democrats I say to my friend from Arizona, with the findings could set the stage for gains by last year, feel negative toward the Demo- reference to the issue of the process, it

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13348 CONGRESSIONAL RECORD — SENATE December 17, 2009 has been a bit of a charade—in fact, a 1979: Raises an almost $150 billion tax phone town meetings. That is what we whole charade. We have been out here on many middle-class workers using are hearing in all of our States. This is for 2 weeks on the amendment process. so-called Cadillac health insurance what the American people continue to We have had 21 votes, many of them plans. Page 1997: Will cost families and say: Do not pass this bill. have been side-by-sides, in order to individuals an additional $5 billion by As our leader said, we do need health cover the majority against the poten- prohibiting the use of savings set aside care reform, and Dr. COBURN certainly tial downside of voting to cut Medicare for health care expenses through knows that. But it is not this reform and voting to raise taxes. health savings accounts. Page 2010: that we need. But there is no serious effort to en- Will make the cost of lifesaving medi- Mr. ALEXANDER. We come to the gage in any kind of genuine amend- cine more expensive by taxing pharma- floor every day and point out the prob- ment process, such as the Senator from ceutical research firms an additional lems with the bill. We don’t have a bill Arizona and I have been involved in $22 billion. The list goes on and on, in- now, we can’t read it, and we don’t here for quite a while. Then the bill, cluding on page 2040: Increasing Medi- know how much it costs or how much which we are actually only allowed to care payroll taxes by $53.8 billion. it affects the American people. It have about two votes a day on, is not That may be a reason why it is going raises taxes and premiums. It will in- the real bill. The real bill—we know to be difficult for them to win passage crease the debt, because it doesn’t in- the core of it, but there are a lot of of this after 72 hours of examining this clude things such as the physicians things around the edges being slipped bill. Medicare reimbursement. It cuts Medi- in and slipped out, and they want to Mr. MCCONNELL. It makes this bill, care by $1 trillion over 10 years once it jam the public before Christmas, as the in addition to all of the other prob- is fully implemented. Senator from Arizona indicated. lems, a job killer. With unemployment We point out what we think should How arrogant is that? They think: at 10 percent, there is a big tax in- be done. My colleagues have talked We know better than you, we know crease on a variety of different Ameri- about it many times. Instead of wheel- better than the Republicans, and we cans, as Senator MCCAIN pointed out, ing in another 2,000-page bill, we should know better than the public. Why don’t in addition to all of its other prob- focus on the goal of reducing costs, and all of you—the Republicans and the lems—substantive problems, process we should take several steps toward public—sit down and shut up and leave problems. It is a job killer in the mid- doing that. The Senator from Arizona it to us and we will take care of it be- dle of a very difficult recession. talks about one of those things, which Mr. COBURN. I say to my colleagues fore Christmas. is reducing the number of junk law- that one of the things President Obama Mr. ALEXANDER. I say to the Re- suits against doctors. I don’t think said he wanted to have was trans- publican leader and the Senator from that is in the bill, unless it is secretly parency. There has been no trans- Kentucky, I believe there is another bit being added in the back room today. parency in the process. That is why at of history being made. This process is Mr. MCCAIN. Well, I don’t think that least if there is not going to be trans- historic in its arrogance. This isn’t is being added today. Again, I also parency in the process, we ought to at very hard to understand. The proposal point out that Americans are now least have it transparent to the Amer- is to take 17 percent of our economy, against passage of this legislation. But ican people for 72 hours. This is a quote affecting 300 million Americans, and in that polling data, it is very inter- from the chairman of the Finance esting, also, the majority of seniors, by nothing could be more personal, as the Committee: Republican leader has said, than our much larger numbers—the actual bene- I think it is impossible to certify that any health care. Senator will fully understand. ficiaries of Medicare—are turning But now we don’t have the bill. We do against it, and the intensity of Ameri- We are going to have a 2,000-plus page not have the bill. It is being written in cans against it—which is harder to bill, and the chairman of the Finance secret in another room. If there is any gauge in a poll—is incredible. Committee says he thinks it is going to part of this debate that went through If the responses that our efforts are be impossible to certify that any Sen- to every single household in America, I getting are anything close to indic- ator will fully understand this bill. believe it was when the Finance Com- ative of the mood of the American peo- That is the best reason I know not to mittee voted down a motion—the ple, and the intensity of it, it is prob- pass this bill, because if we don’t un- Democrats voted down a motion that ably as great as I have ever seen in the derstand it, you can bet the American the bill should be on the Web for 72 years that I have had the privilege of people aren’t going to understand it. hours so that the American people Mr. MCCAIN. When more Americans serving in the Congress of the United could see the text, know what it costs, begin to understand it, they don’t want States. and know how it affects them. it. That is thanks to the efforts made This polling data says more Ameri- Eight Democratic Senators wrote the all over this country to educate the cans now believe it is better to keep Democratic leader and said they want American people about what the im- the current health system than to pass to insist that they know what the text pact of the bill will be. President Obama’s plan. That is a mes- is, and that they have the official score Mr. BARRASSO. Following along sage being sent, and the intensity is from the Congressional Budget Office, what the Senators are saying, that is higher than any I have ever observed in and that they have it for 72 hours be- why the support of the American peo- my years of service. I thank them for fore we move to vote. ple for the bill is at an all-time low. It that. We don’t have the bill. We don’t have is at the lowest level of support ever. There is a chance that we can stop the official score from the CBO. Sev- According to this NBC poll, fewer than this, and we start in January. We enty-two hours is three more days, and one out of three Americans support would be willing to come back and sit even though eight Democratic Sen- this bill. They don’t know all that is in down and negotiate, with the C–SPAN ators and all the Republican Senators it, but they don’t like what they see so cameras on—as the President said or said we want to know what it costs, far, because they believe, in over- committed he would do as a candidate. know what it is, and how it affects us, whelming numbers, that the cost of We would sit down together here, at they want to run it through before their own care will go up, that this will the White House, or anywhere, and we Christmas. add to the deficit, it will hurt the econ- can fix this system that we all know Mr. MCCAIN. May I mention to my omy, and their health care would actu- needs fixing. colleague that maybe the reason why ally be better if we pass nothing. As the Senator from Oklahoma said, they don’t want it to be online for 72 So why would the American people it is the cost that has to be addressed, hours is because when they examined support a bill that is going to cost not the quality. what we have—on page 324 in this bill them more personally and when their Mr. COBURN. I want to bring up an is an $8 billion tax on individuals who health care will get worse? That is not example. We are going to see this time have nongovernment approved plans. the value the American people have and time again if the bill goes through. On page 348 is a $28 billion tax on busi- ever wanted. We had the U.S. Preventive Health nesses that cannot afford to offer in- That is what I hear from patients at Task Force put out a recommendation surance to their employees. On page home, and it is what I hear on tele- on breast cancer screening through

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13349 mammography on the basis of cost. clearly points out that this legislation the Patient Protection and Affordable They said it is not cost effective to would increase taxes dramatically, in- Care Act. It has been an extraordinary screen women under 50 with mammo- crease costs dramatically, decrease legislative process with a good bit of grams, because you have to screen 1,900 care, and it would have the effect of the calendar year 2009 taken up with before you find 1 breast cancer. On forcing people not only out of the sys- very intensive work to try to pass cost, they are right; but over 50, you tem, but even if they are in the Medi- health care reform. At the moment, have to screen 1,470. care system, they would not have phy- there is still some doubt as to what So what we had was a decision made sicians to provide the care, because will happen with the bill. The Congres- on cost, not on quality, not on pa- more and more physicians would fail to sional Budget Office has not yet sub- tients, but based on cost. We fixed that treat Medicare patients. mitted a report on the so-called man- as part of an amendment to this bill. Mr. COBURN. So we go back to the 72 agers’ package. We actually fixed that. There are three hours. We are going to get a new bill, There are still some concerns being different agencies within this bill that but we will not have the opportunity to expressed by some Senators. I can un- are going to do the same thing. Every amend it. We are not going to be able derstand the frustration that some time they make a ruling based on cost, to read it and study it, nor are the have had as we have moved away from not on clinical outcomes and what is American people. What do you think a public option. I have been an advo- best for patients, are we going to fix it? the outcome of that will be? cate of a robust public option and No. We are transferring the care of the Mr. MCCAIN. I think we know what think it ought to be part of the legisla- American patient to three bureauc- the outcome will be. We will either be tion. racies within the Federal Government, able to reflect the feelings and intense The public option is what it says. It and they are going to decide what you feelings of the majority of the Amer- is an option. There have been efforts have to do. If you think about it, this ican people about this legislation and made to demagog the issue by saying it week the wife of a Member of this body say let’s go back to square one and all is a takeover by the Federal Govern- was diagnosed with breast cancer. She commit to a bipartisan approach to ment. It is not. The private insurance was diagnosed through a mammogram. this issue or we will see jammed industry remains in the field, and this Under that task force’s recommenda- through on Christmas Eve legislation is one option. tion, she would not have gotten that that will have the most far-reaching ef- As President Obama has put it, it is mammogram. fects and devastating effects, I think, an option to try to keep the private in- Mr. MCCAIN. I ask the Senator from not only on our ability to provide surance companies honest. We have Oklahoma, would that aspect of this much-needed medical care to all of our seen, in the past several months, very bill come to light if it hadn’t been for citizens, but also an impact that would large increases in premiums for small the recommendation that was made by be devastating on the debt and deficit, business. The reports have been that another similarly acting policymaking upon which we have laid an uncon- those increases in premiums have come body? In other words, that is what trig- scionable burden already. from Wall Street pressure on the insur- We have two choices—to go back to gered the investigation of what was in ance companies to try to increase their the beginning and enact many reforms this bill, which would have had exactly profits before there is legislation. The we can agree on—and there are many the same effect. So if we hadn’t had public option would be a forceful factor we could agree on immediately on a bi- that information of a recommendation dealing there. partisan basis; as the Senator from by another government policymaking When the objections were raised to Tennessee pointed out, there has never bureaucracy, we would not have known the public option and in an effort to been a fundamental reform made in about this until the bill would have find 60 votes—it is difficult when you modern history that was not bipar- taken effect. have no help at all from the Republican tisan—or we are going to see jammed Mr. COBURN. So there is no trans- side of the aisle, illustrated by the per- through, over the objections of a ma- parency. What we do know is that we formance just put on with their pre- jority of Americans, legislation that are going to have three organizations, pared colloquy—it is not easy to find they have never seen, read, or under- the Medicare Advisory Commission, everyone in agreement. Then there was stand. the Cost Comparative Effectiveness That is the choice we have. That is an effort to move to expand Medicare. Panel, and the U.S. Preventive Health what it is boiling down to. I think that, I think that is a fallback position that Task Force that will tell everybody in frankly, the American people should be would have been very helpful. There are some who are contending America what they are going to re- heard, not a majority over on the other that people who are disappointed with ceive. side. Mr. MCCAIN. This example wouldn’t Mr. BARRASSO. The American peo- the lack of a public option and dis- have been known if it hadn’t been for ple are saying: Don’t cut my Medicare, appointed from the retreat of expand- the actions of the bureaucracy. Doesn’t don’t raise my taxes, don’t make ing Medicare say we ought to start that bring into question what else is things worse than they are right now, over and begin again. I can understand buried in this 2,000-page piece of legis- and this bill cuts Medicare, raises that frustration. My own view, after thinking it lation? taxes, and for people depending on a Mr. COBURN. What are the unin- through very carefully, is we ought to health care system in this country this tended consequences of this that they proceed and do as much as we can this makes things worse. don’t know? What we do know is there year, realizing that some of the tough Mr. MCCAIN. By the way, could I are 70 new Government programs that mention, if you live long enough, all legislative achievements take a period will require over 20,000 new Federal em- things can happen. I now find myself in of time to accomplish. But the Civil ployees, and there are 1,690 different complete agreement with Dr. Howard Rights Act of 1957 was necessary, al- times when the Secretary of HHS will Dean, who says we should stop this bill though it did not go as far as people write rules and regulations about your in its tracks; we should go back to the would have liked then, to get the Civil health care in America—the Secretary, beginning and have an overall bipar- Rights Act of 1964. Again, it did not go not your doctor; your doctor isn’t tisan agreement. Dr. Dean, I am with as far as people would have liked, but going to write the regulations. The you. we did find the Voting Rights Act of Secretary of HHS is going to write the The PRESIDING OFFICER (Mr. BEN- 1965. We have to find times when we rules. NET). The Senator’s time has expired. have to build incrementally on these Mr. MCCAIN. Let me point out again The Senator from Pennsylvania. matters. that we don’t know what the CBO esti- Mr. SPECTER. Mr. President, I ask I have been in the Senate following mate is, because we know the majority unanimous consent that I may speak the elections of 1980, and I have seen leader keeps bouncing proposals back up to 20 minutes. matters take a very substantial period and forth to CBO. That is why we The PRESIDING OFFICER. Without of time. While it is not on the subject, haven’t had CBO information now for objection, it is so ordered. we were trying to provide more than many days. But there is the Commis- Mr. SPECTER. Mr. President, I have 100,000 jobs in Pennsylvania by deep- sion for Medicare and Medicaid, which sought recognition to comment about ening the channel. The authorization

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13350 CONGRESSIONAL RECORD — SENATE December 17, 2009 came in 1983. It took until 1992 to get were in recess, I found instead of the There being no objection, the mate- the Corps of Engineers to agree on customary 85 or 100 people, more than rial was ordered to be printed in the funding. Now it has $77 million. We are 1,000 people and 3 national television RECORD, as follows: still in court, but it is going to move sound trucks—CNN, MSNBC, and FOX. PROVISIONS IN THE PATIENT PROTECTION AND forward. I do not expect health care There were a lot of vituperative state- AFFORDABLE CARE ACT legislation to take that kind of a long ments. One man approached me apo- GENERAL INSURANCE REFORMS term, but it is a matter which does plectic and said the Lord was going to Insurance companies will be barred from take some time. stand before me. I think he got mixed discriminating based on pre-existing condi- It is my hope we will yet improve up. I think he meant to say I was going tions, health status, and gender. this bill. It is my hope that when the to stand before the Lord. Senators are New health insurance Exchanges will make bill goes to conference, we will find a reputed to have power but not quite coverage affordable and accessible for indi- way, perhaps, even to bring back the that much power. I think the public viduals and small businesses. public option in a refined sense. The tenor is considerably more favorable to UNINSURED public option is in the House bill. health care insurance today than it With a reported 47 million people without One Republican Senator has stated was then. After the 2010 election, it health insurance the status quo is not ac- opposition on the ground that there may be substantially more favorable. ceptable. Additionally, there are millions has not been time enough to review the more Americans who are underinsured, with We have to move ahead with building health insurance that is inadequate to cover bill. It is complicated. I think there blocks, and we do have a chance to im- their needs. has been time enough to review the prove the bill in conference. In 2007, 1,206,115 Pennsylvanians under age bill. But I respect the view of the Sen- I point to the provisions of the bill as 65 were uninsured for the entire year, which ator on the other side of the aisle. to what we have. We have very signifi- is 11.3 percent of the under 65 population. When the bill goes to conference, that cant insurance reforms. We have elimi- The analysis found that the legislation would extend coverage to 33 million more Senator will have an opportunity to re- nating discrimination based on pre- view the bill further. That Senator has Americans, bringing the percentage of Amer- existing conditions. We have new icans with health insurance to 93%. shown some inclination to support the health insurance exchanges. We have The bill covers 10% more Americans with bill, having voted it out of the Finance an elimination of a cap. We cover many only a 0.7 percent increase in spending—a Committee. of the uninsured, expanding to some 33 change of only 0.1% of GDP in 2019. Another Republican Senator has million additional people. We have sub- SMALL BUSINESS ASSISTANCE commented that the bill has been very stantial more small business assist- In the current health insurance market greatly improved, not sufficiently for ance, preventive care, increased health small business are at a distinct disadvantage the taste of that Senator, but perhaps workforce. We have improvements in in providing health insurance to their em- we will find a way to improve the bill. the health delivery system. We have ployees. In a recent study it was found that We still do have a bicameral legisla- fiscal responsibility that this bill will 58 percent of small employers do not offer health insurance, with nearly 50 percent ture. We do have the House of Rep- not add to the deficit but will, in fact, resentatives which has the public op- stating that they can’t afford it. reduce the deficit in the first decade by The Patient Protection and Affordable tion. some $120 billion and in the second dec- Comments were made about the fall Care Act address health insurance problems ade by some $650 billion. facing small businesses by providing more of the expansion of Medicare on the We have a provision I have pressed in health plan choices, fairness in the market- ground it was considered in too brief a earlier legislation, S. 914, to provide for place and improving affordability with tax period of time, not enough time to di- transformational medicine. credits. gest it, not enough time to think During my tenure as chairman of the PREVENTATIVE CARE through. We will have, in the month of Appropriations Subcommittee on The Patient Protection and Affordable January, some time to consider that Health and Human Services, I took the Care Act will eliminate co-pays and further, and in conference we may well deductibles for recommended preventive lead, with the concurrence of Senator find we are able to improve the bill. We care, provide individuals with the informa- HARKIN, who was then in the minority, cannot get to conference unless we pass tion they need to make healthy decisions, to increase NIH funding from $12 bil- the bill out of the Senate. improve education on disease prevention and I was asked yesterday how will I re- lion to $30 billion and then in the stim- public health, and invest in a national pre- spond to my constituents if we have ulus package to add $10 billion more. vention and public health strategy. the bill which has had so much taken There has been a gap on what we call INCREASE HEALTH WORKFORCE from it. I said: A more relevant ques- transformational medicine, going from Currently, 65 million Americans live in tion or an equally relevant question is the so-called bench in the laboratory to communities where they cannot easily ac- how will I respond to my 12 million the bedside. While I have not seen the cess a primary care provider, and an addi- final version of the managers’ packet, I tional 16,500 practitioners are required to constituents in Pennsylvania if we go meet their needs. The Patient Protection home with nothing. If we have 80 per- am informed that provision will be a part of the bill. and Affordable Care Act will address short- cent accomplished, then that is a start- ages in primary care and other areas of prac- ing achievement. We have very important measures for tice by making necessary investments in our It may well be it will take the cam- preventive care, for annual exams, nation’s health care workforce. paign in 2010. If this Congress will not which will cut off many chronic ill- IMPROVEMENTS IN THE HEALTH DELIVERY pass a bill with a robust public option, nesses which are so debilitating and so SYSTEM it could well be a campaign issue. expensive. The legislation we are considering will es- I believe my colleagues on the other I have pressed an amendment, which tablish an Independent Medicare Advisory side of the aisle may well be is pending, to have mandatory jail sen- Board to present Congress with proposals to misreading the American people. I be- tences for at least 6 months for some- reduce cost growth and improve quality for lieve the American people do want one convicted of $100,000 or more of Medicare beneficiaries. In years when Medi- care costs are projected to be unsustainable, health reform. It does take time for the Medicare or Medicaid fraud. Jail sentences are a real deterrent. The experi- Board proposals will take effect unless an al- American people to understand the ternative is adopted by Congress. This type ramifications of it. But this may well ence I had as Philadelphia’s DA showed of reform is necessary to ensure the financial be a campaign issue in 2010. The 112th me that when you have a fine, that is future of Medicare. Congress may have a different view as added onto the cost of doing business Preventable hospital readmissions dimin- to how we ought to proceed. and is passed on to the consumers. ish quality and efficiency in the health care During the month of August, when I I ask unanimous consent to have system. Nearly 20 percent of Medicare pa- was making the rounds of town meet- printed in the RECORD a statement of tients who are discharged from the hospital ings in Pennsylvania, in accordance the provisions which I briefly summa- are readmitted with 30 days. The Medicare Payment Advisory Commission (MedPAC) with my habit to cover almost every rized which are very favorable in this estimates that Medicare spent $12 billion on county almost every year, when I got bill and a statement of testimony at a potentially preventable hospital readmis- to the first town meeting, the second Criminal Justice Subcommittee to sions in 2005, which would be more than $15 Tuesday in August, the first week we show the value of deterrence. billion today.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13351 The bill also begins the payment system and I can tell you, Senator: In a white-collar the other side of the aisle today, I reform of bundling Medicare provider pay- case—I’ve been in the conference room with could bring somebody with me. I don’t ments as a lump sum fee—instead of paying my clients—there is nothing—there is noth- know. That is entirely speculative. a fee for each service—encourages care co- ing like an individual—who feels as if he or Without revealing any more of the ordination and streamlining. It removes the she has been sort of the center of their com- confidence which went on inside of the incentive to generate additional services for munity, is well-respected and has had a com- added reimbursement. fortable life—realizing that they’re facing Republican caucus, when I talk about a Republican Senator’s statement that FISCAL RESPONSIBILITY jail time. The terror in their eyes is like this should be the Waterloo of Presi- The legislation is fully paid for and reduces nothing else, and there’s simply no deterrent the deficit in the next ten years and beyond. like it. dent Obama and this should break him, The revenue provisions in the bill focus on KAUFMAN: You know, I think I know the those are matters in the public record. paying for reform within the health care sys- answer to this, but I think it’d be good to be But the pressure over there in the Re- tem. on the record, and starting with you, Mr. publican caucus is absolutely intense, Breuer. Why don’t—why haven’t we seen THE COST OF INACTION and we were sent here to govern. more, you know, board room prosecutions? In 2000, family health insurance purchased In the Democratic caucus—and the through an employer cost $6,438 and con- Mr. SPECTER. Mr. President, how Presiding Officer, the distinguished sumed 13 percent of median family income. much time do I have remaining? Senator from Colorado, was there on In 2008, the same family health insurance The PRESIDING OFFICER. The Sen- Monday evening—when my turn came cost $12,680, a 97 percent increase over the ator has 7 minutes remaining. to speak, I said: I have two sentences. 2000 cost, consuming approximately 21 per- Mr. SPECTER. I thank the Chair. And may the record show a smile on cent of median family income. In 2016, the Mr. President, there is another very the face of the Presiding Officer. I said: same insurance is projected to cost $24,291, important aspect, in my opinion, of the nearly double the 2008 cost, which will con- I have two sentences. One sentence is, sume 45 percent of projected median family Senate enacting legislation on this the bill is a great deal better than the income. bill; that is, we were sent to Wash- current system, and the second sen- ington to govern. What we have seen in tence is, we should not let obstruc- Let’s kind of go back to (inaudible). Can the recent past has been staggering tionism prevent us from governing. you—each one of you, starting with Mr. Per- partisan politics. Partisan politics be- And that is why I crossed the aisle to kins, talk about kind of what’s the—the im- came a blood sport in Washington, DC. make the 60th vote. I was very sur- pact of criminal prosecutions and prison It is a blood sport on the floor of the time versus civil actions and fines. prised to see in the public record—been KEVIN PERKINS, Assistant Director, FBI: Senate. It pervades the entire town. in the newspapers—that everybody Yes, Senator. The—it’s really a combination The point from the Republican side stood up and applauded, and I read in of both. We, obviously, are very successful in of the aisle has been very clear; that is, one of the Hill newspapers today that the health care fraud side, where we have to make this President Obama’s Water- you could hear the applause down the civil remedies that we utilize each day in our loo, to make this ‘‘break President corridor. So they knew what was going investigations there. But again, I’m a—I’m a Obama.’’ on. Well, that is the role, it seems to very strong proponent of criminal prosecu- I saw the ramifications when we took me, of a Senator. We are facing a situations that involve serious jail sentences for up the stimulus package earlier this white-collar criminals. That is a huge deter- tion where, if defeated, it will have a rent. year. There were only three Repub- significant impact on the tenure of I’ve seen it over the years, and I—I know— licans—Senator SNOWE, Senator COL- President Obama. I know that, from my own personal experi- LINS, and myself—who would even talk We had a meeting on Tuesday—2 days ence, going and interviewing individuals who to the Democrats. There was a deter- ago—in the Executive Office Building, are—who—white-collar criminals who have mination to look ahead to the 2012 and it was a rather remarkable setting. been—or are doing jail time, going and talk- elections on the Presidency even before There was a large rectangular table, ing to them on various occasions—it’s—it’s a the ink was dry on the oath of office and in the center on each side—one huge deterrent. It’s—it’s something that we taken by President Obama on January have to have, going forward, to make this side was President Obama, the other work. 20. This was the second week of Feb- side was Vice President BIDEN, and al- KAUFMAN: Mr. Khuzami. ruary, the week of February 6, as I re- most all of the 60 Senators were ROBERT KHUZAMI, Director, Securities call, just a couple weeks, and already present. I think Senator BYRD couldn’t and Exchange Commissions Division of En- the plans were for the next election. be there because of his ailment, but I forcement: (Inaudible), yes, but there’s— As I reviewed the matter, it seemed believe everybody else was present. there’s no deterrent that’s a substitute for to me we were on the brink of going During the course of that session, the jail time. I miss the cooperation tools, and into a 1929 Depression. The 1929 Depres- I—I miss the sentencing guidelines even President expressed himself—and this more. But there is a very significant role for sion was very hard on the Specter fam- has also been publicized—that if action the civil regulators as well, simply because: ily, living in Wichita, KS, at the time. was not taken now, it would discourage Because of the standard of proof of beyond a Both of my parents were immigrants. anyone from the foreseeable future— reasonable doubt and the necessity of con- In the mid-1930s, the family moved any President—from undertaking vincing 12 jurors of the—of the guilt of some- from Wichita to Philadelphia to live health care reform if now, with both one, the criminal authorities, by definition, with my father’s sister. That is what Houses and 60 Members of the Demo- cannot and should not capture the whole happened in the Depression—you cratic Party, you can’t get it through field of wrongdoing. moved in with relatives because there And so what you’ll often see is criminal the Senate and get it conferenced and authorities focused on the core wrongdoers, were no jobs. get it enacted. and we may cast a wider net—because we I sided with supporting the stimulus Some of those who were most vocal have a lower standard of proof—cast a wider package and played a key role in hav- in favor of the public option urged net amongst those involved in the wrong- ing that enacted. And the political con- those in the caucus who disagreed to doing as well. And in particular, there’s lots sequences on a personal level are not reconsider their position, and I would of wrongdoing that goes on that doesn’t rise something to be discussed on this floor renew that request that they recon- to the level of criminal intent, all sorts of at this time, but the conduct of par- sider their position. The people who activity across regulated broker-dealers and tisanship on the stimulus package is investment advisors and others where, if you would classify themselves as most pro- can at least make it unprofitable—so that directly relevant to what we are doing gressive in the Democratic caucus have they have to give back the money they here today, and that is that we are swallowed hard and have announced wrongfully got, pay a penalty, perhaps suffer being stonewalled. publicly that they would support this time out or lose their license—that, too, has I think it is harder for a Republican bill even though it doesn’t have a ro- a significant impact. to stand up on health care reform and bust public option, doesn’t have the KAUFMAN: Mr. Breuer. join the Democrats today than it was Medicare expansion. And that may LANNY BREUER, Assistant Attorney Gen- in January and in February when three eral: Senator, obviously, as Rob (ph) says: A shift yet. comprehensive approach is essential. Civil of us did so. And if I were on the other It is fair and accurate to say there remedies are essential. But I’ve had many side of the aisle today, I would be sup- are more pressing problems con- years in the private practice, and I’ve had porting health care reform. I would be fronting the United States today than many years when I represented individuals, supporting, and perhaps, if I were on at any time in our history, and we have

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13352 CONGRESSIONAL RECORD — SENATE December 17, 2009 to finish health care next year to move It would be my hope that Iran, for you to file a cloture motion which ahead to jobs. We have the issues of humanitarian reasons, would release would put an end to a filibuster. We global warming and climate control, these people and that we would exer- want you to fill the tree with amend- and we have the problems with the cise our best efforts—the U.S. Govern- ments so that this bill isn’t assaulted. Mideast peace process and the difficul- ment working through Syria or what- Believe me, the terminology would ties in Iran and North Korea and Af- ever other channel we can find—to se- lose most people, including many Sen- ghanistan. We need a strong President, cure their release. ators, but the bottom line is this: In- and we need a Congress which has the Mr. President, I yield the floor, and I stead of just doing what we know needs courage to act and the tenacity and suggest the absence of a quorum. to be done and what should be done, willingness to confront tough prob- The PRESIDING OFFICER. The Republicans have insisted we delay this lems. We need to show the American clerk will call the roll. process for at least 2 days. people that it is not all gridlock here, The assistant legislative clerk pro- Why? Why would we want to delay that it is not all desperate, desolate ceeded to call the roll. funding our troops in the middle of a partisan politics. Mr. DURBIN. I ask unanimous con- war? Why would we want to say to our So my vote will be in favor of the sent that the order for the quorum call troops that the military pay raise they bill. Although I am, frankly, dis- be rescinded. were counting on so their families can appointed and I share the frustration The PRESIDING OFFICER (Mr. get by back home, and for those sta- expressed by many people who say go KIRK). Without objection, it is so or- tioned in the United States, make sure back and start again, this is a signifi- dered. that they have what they need, why cant step forward. We have a great Mr. DURBIN. Mr. President, before would we say to them that we are chance to improve it in conference, and the Senate now is an issue of funding going to raise a question as to whether beyond that there will be another Con- our military, the Department of De- we are going to put $29.2 billion into gress. And with the analogy of civil fense appropriations bill. This is a bill the defense health program, the health rights legislation, we can get the pub- that is critically important because it program for our military members and lic option and get greater public in- provides the funding our men and their families? volvement for the benefit of the Amer- women in uniform now risking their Why would the Republicans insist on ican people. lives while we meet in the safety of our delaying a vote for $472 million for I thank the Chair, and I yield the businesses and offices and homes in family advocacy programs for military floor. America, it funds their needs to make families who are separated, many of Mr. President, in the absence of any sure they will be safe to perform their whom are going through extraordinary other Senator seeking recognition, I missions effectively and come home. stress because of the separation? Why ask unanimous consent to speak up to Without fail, every year this bill comes would they want to delay a pay raise 3 minutes on another subject. before the Senate and is a consensus bi- The PRESIDING OFFICER. Without for the military? Why would they want partisan bill. objection, it is so ordered. to delay $154 billion for equipment and Regardless of our debates over for- training for our military? AMERICANS HELD BY IRAN eign policy, we all want the men and I don’t understand it. It would seem Mr. SPECTER. Mr. President, there women in uniform to know we stand to me that we ought to come together has been wide publicity given to three behind them. As a consequence, this by noon today and say: Let’s do this. young Americans who were taken into bill usually passes with an over- Let’s not waste another minute in custody by Iran and the recent reports whelming number. I asked how this bill terms of helping our troops and show- that they are going to be tried in an fared in the House of Representatives ing them we stand behind them. But, Iranian court. Senator CASEY and I, in when it was considered yesterday. The no, the decision has been made on the the Senate, introduced a resolution vote was 395 to 34. There were 164 Re- urging the Iranians to release those other side of the aisle that we are publicans who voted yes on this bill. It three young Americans—Congress- going to delay this matter until tomor- was clearly an overwhelmingly positive row. woman ALLYSON SCHWARTZ, on the bipartisan vote. There is no reason it They say in politics, for every deci- House side, did so in the past—and it is sion there is a real reason and a good my hope Iran will change its view. would not be the same in the Senate. I was talking to the Syrian Ambas- But there is a problem. The problem reason. There may be some good reason sador yesterday, who advised me that is this: Tomorrow the funding for our they are giving on the other side of the when the five British citizens were troops runs out. It is the end of our aisle for delaying funding our troops, taken into custody by Iran, the Gov- continuing resolution in funding. We but the real reason is their hope that ernment of Great Britain made a re- are not going to leave them high and they can stop health care reform in the quest of the Syrian Government to use dry, but we are going to leave them un- Senate. That is what is behind this. their good offices to secure the release certain if we don’t act decisively and The lengths to which those on the of the five British citizens. That re- quickly. Why would we do this to other side of the aisle will go was dem- quest was made via Syria, and they them? onstrated yesterday. were released. Military families across America, as We had a defining moment when the I have written to and contacted the we go into the holiday season, I am leadership on the Senate Republican State Department since that meeting sure, are saddened by the absence of side insisted, through Senator COBURN yesterday afternoon to find out what is their loved ones who may be in Iraq or of Oklahoma, that an 800-page amend- the status of U.S. activity because if Afghanistan, saddened by a separation ment be read by the clerk. It is the we have not asked the Syrians for help, from children and other loved ones right of a Senator to ask for that. It is my view is that we should. It would be they would like to avoid in their life- an archaic right because people don’t my hope that with the very difficult time but they have offered it up for sit here hanging on every word to un- problems facing the United States in this great country. With this kind of derstand an amendment. That never Iran, that Iran would relinquish the uncertainty and sadness and emotion, happens. It didn’t happen yesterday. custody of those three young Ameri- why would we be uncertain when it But the clerk started reading. cans and release them to their family comes to funding our troops? Almost 2 hours into it, it was pretty and friends, especially at this time of Here is where we are: We offered this clear that it would take 10 hours to fin- the year. yesterday. We said: Let’s vote for it. ish this 800-page amendment, despite I have been an advocate of dialog Let’s vote for our troops and get this the best efforts of the clerk’s office. with Iran for years. I have tried to go behind us so the Department of Defense Why did the Senate Republican leader- to Iran since 1989, when the Iran-Iraq appropriations bill was clear. ship want to take 10 hours out of a day war ended. Senator SHELBY and I got to The other side of the aisle said: No. for something that was meaningless— Iraq and met Saddam Hussein, but as We want you to go through all of the the reading, word by word, line by line, yet we have not had an interparliamen- hurdles that you have to go through page by page, of an 800-page amend- tary exchange, which I have sought for under the procedures of the Senate for ment? To stop debate on health care a long time with the Iranians. the most controversial bills. We want reform.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13353 During that period, no one could de- into a death panel that was going to have been said in the debate are so mis- bate it. No one could amend it. The Re- tell Grannie: We are going to pull the leading. publicans have conceded that they are plug. There is something else this bill does finished with the debate and amend- Sad. It was sad, when Senator which we ought to take pride in as Sen- ment phase of health care reform. They ISAKSON offered such a good-faith ators. Most civilized and developed have decided now that the only thing amendment, to have it distorted. It is countries in the world have a health they could possibly do is to delay ev- no wonder if the critics of health care care system that protects their people. erything the Senate can consider in the reform would go to those extremes to We are the only developed country on hopes that maybe we get tangled up try to defeat this bill, why other ex- Earth where a person can die because with our desire personally to be home treme things have been said about it. If they don’t have health insurance. We with our families during the holidays you listened on the floor of the Senate are the only one. and would not do our duty here. over the last several weeks while we You might say: Senator DURBIN, They are wrong. We are determined have debated health care reform and aren’t you getting a little carried to do this. We are determined because listened to the speeches from the other away? Well, 45,000 people a year do. Let health care reform for this country is side of the aisle, you would believe that me give you an illustration: What if so absolutely essential. The Presiding this bill is going to destroy Medicare. you had a $5,000 copay on your health Officer has an awesome assignment, Many Republican Senators who histori- insurance and you didn’t have $5,000 succeeding the late Senator Ted Ken- cally did not support Medicare and and the doctor says: I am a little bit nedy whom he counted as a close friend wanted to privatize Medicare are now worried about some of the things you and served as a member of his staff. its most fervent champions. You might tell me, Senator. I think you need a In our cloakroom is a cover of Time question their sincerity. We don’t do colonoscopy. magazine where Senator Kennedy is that in the Senate because we don’t That is something I can understand looking out with that smile on his face question motives of people. But I will because my mother had colon cancer. I saying: We are almost there. It was an question their accuracy. am very careful about this. I have a article he wrote before he died about This bill, which is over 2,000 pages, history in my family. health care reform. He, more than any knows the future of Medicare is impor- But if you had a policy that said the person in the Senate, had the authority tant to all of us. If we do nothing first $5,000 you have to pay for and went out and asked how much a to speak to it. Senator KIRK told us in today, Medicare will go broke in 8 a meeting of our caucus the other day years. We would not be bringing in colonoscopy cost, you would find in that it was 40 years ago when Senator enough money from payroll taxes to many places it is $3,000. There have Kennedy took to the floor as a young pay the Medicare services we promised been cases—a man from Illinois wrote man and talked about the priority of in 8 years. That is a fact. But this bill me. He said: I didn’t have the $3,000 so health care reform. Forty years, when is going to change it. This bill will add I skipped the colonoscopy. Without health insurance, without you think about it, 40 years of waiting 10 years of solvency to Medicare. I wish coverage, without enough money to for this moment to vote on health care it were more, but it is a step in the pay for that basic test, this individual reform. If he were here today—and I right direction to say to those receiv- is running the risk of developing a seri- wish to God he were—he would be back ing Medicare and those about to go ous cancer that could claim his life or there at that desk—that was Kennedy’s into Medicare: This important program at least cost a fortune to take care of. spot—thundering in this Senate Cham- will be there when you need it; 10 years That is what inadequate health insur- ber about this historic opportunity and of added solvency in Medicare; Medi- ance does to you. That is what no how if it costs us Christmas Eve or care on sound financial footing for 10 health insurance does to you. costs us Christmas Day or even more, more years because of this bill. At the end of the day, this bill will There is something else it does. At we cannot let down the people of this say, for the first time in the history of the end of our conference between the country. this great Nation, 94 percent of the I see the polls. This complicated House and Senate on health care re- people will have health insurance. issue of health care reform has a lot of form, we are going to take care of a Thirty million people today who have people confused and even worried. They problem in Medicare. It is a serious no health insurance will have it when have heard some of the wild charges on problem. When we passed the Medicare it is over. Fifteen million will go into the other side. At one point they were prescription drug program, there Medicaid because they are in low-in- arguing about death panels; that ulti- wasn’t enough money to fund it. They come categories. mately the government was going to created this strange situation where if I met one of those people when I was decide whether people would live or you were seriously ill under Medicare back in my home State of Illinois. Her die. That was one of the cruelest dis- and receiving medication, this Medi- name is Judie. She works at a motel in tortions in this debate. care Part D plan would pay for pre- Marion, IL. She is a hostess in the The actual issue was raised by Sen- scription drugs up to a certain limit morning for their free continental ator JOHNNY ISAKSON, who is a Repub- and then stop. breakfast—a sweet lady with a big lican of Georgia, whom I thought In the midst of a new calendar year, smile on her face, in her early sixties. raised a serious and important consid- some could find several months into She came up to me and said: Senator, eration and one that all of us, though that year that Medicare Part D was not I am not sure this health care reform is we might not want to, should reflect paying for any more prescription good for me. on. He said every person under Medi- drugs. You would be responsible per- I said: Judie, do you have health in- care ought to have a compensated, sonally to pay for them. After you had surance? paid-for visit to a doctor if they want, paid a certain amount of money, the She said: No, I’ve never had health voluntarily, to talk about end-of-life Part D coverage would kick in again. It insurance, and I’m a few years away treatment. There is hardly a family in was known euphemistically as the from Medicare. America who doesn’t contemplate that doughnut hole, that gap in coverage in I said: If you don’t mind telling me, possibility, doesn’t have a husband say Medicare Part D. When this is over, how much money do you make? to a wife: Honey, I don’t want any of this health care reform is going to fill She said: Well, they’ve cut our hours that extraordinary stuff. Don’t keep that gap, close that doughnut hole, here at the motel because of the econ- me on life support. give to 45 million Americans under omy. I work about 30 hours a week What Senator ISAKSON wanted to do Medicare the peace of mind of knowing now, and I make about $8 an hour. And was to give Medicare patients an op- that their prescription drugs will be she said: There isn’t a person here portunity to sit down with a doctor and paid for and they will not find them- you’re looking at, working on this say: What instruction should I leave? If selves exhausting savings or going motel staff, who has health insurance. this is what I believe, whom should I without it when it comes to basic I said: So does that mean your in- tell? That was a humane, thoughtful medication. come each year is about $12,000? amendment. But the critics of health That is why this bill is important. She said: Well, I guess. It’s the only care reform twisted and distorted it That is why some of the things that job I have. I get by on it.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13354 CONGRESSIONAL RECORD — SENATE December 17, 2009 I cannot imagine how. back, when I was a Congressman, in What is he going to do? You do not She said: I get by on it. Springfield, they had a unique program make a fortune as a baseball coach at I checked into it, and I saw her the where the Sangamon County State Southern Illinois University. His fam- next morning before I checked out, and Medical Society would invite Members ily pitched in, borrowed some money to I said: Judie, under this bill we have, of Congress to accompany doctors on cover a month of treatment. He is because you make less than $14,000 a their rounds in a hospital. going to have a trial in St. Louis at year as an individual, you will qualify The first time I was invited to do Barnes Hospital, connected with Wash- for Medicaid. For the first time in your that, I called back and said: You’ve got ington University there. He is trying life, you will have health insurance to be wrong. You don’t want me walk- his best to keep this going, but he is under an Illinois State Medicaid Pro- ing into a patient’s room where you are battling this insurance company that gram that you won’t have to pay for talking about their private health situ- said no. because you are in a low-income cat- ation. This bill gives people whom I have egory. They said: No, no, we ask permission. described a fighting chance. It gives Well, she said: That’s great because I And it is interesting, people are bored them a chance to fight against the dis- have diabetes. in the hospital, and they are amused by criminatory, wrong decisions of health Think about that: age 60, no health politicians. So would you please come? insurance companies. Is that worth insurance, low income, no doctor regu- So I accompanied a doctor on his anything? Is it worth it? I have yet to larly available to her. rounds. He was examining a nice lady see an amendment from the other side And she said: And I’ve had a few in my hometown of Springfield, IL, of the aisle that does this. lumps I would like to get checked out who was suffering from vertigo, who We used to call this a Patients’ Bill too. had come to the hospital, and as a re- of Rights, and it used to be a bipartisan I thought: This poor lady. She is a sult of an x-ray, they discovered she issue. Senator JOHN MCCAIN joined classic illustration of what we are talk- had a tumor—a brain tumor—that with Senator Kennedy and the two of ing about in this bill. She is not lazy. needed to be removed. She lived by her- them worked on this, saying that pa- She is a hard-working person. She gets self. She was falling down at home. He tients in America should have the right up every day at the crack of dawn to be wanted to operate on her on Monday. to fight insurance companies that turn there to make sure people feel right at This was a Friday. He wanted to keep them down because of preexisting con- home at that motel, and she has no her in the hospital because he was ditions, that turn them down because health insurance. afraid if she went home she might fall, the cost of care is so high, that turn Ninety-four percent of the people in hurt herself, and he wanted her ready them down because they have lost this country will have health insur- for surgery on Monday. their job or turn them down because ance—people like Judie, who, for the But before he could say to her: Be their child reaches the age of 24. This first time in her life, will have health prepared to stay over the weekend, he bill provides protections for those peo- insurance. Is that worth something? Is had to call her health insurance com- ple. it worth something in America for us pany. I stood next to this doctor at the So when people say: I heard Governor to take pride in the fact that we are ex- nurses station in St. John’s Hospital in Dean—I like him; Howard is a friend of panding the peace of mind which some Springfield, IL, as this doctor was ar- mine; former Governor of Vermont; of us take for granted of having health guing with a clerk at a health insur- former head of the Democratic Na- insurance coverage? ance company somewhere in a distant tional Committee—wrote a big article I think it is worth a lot. I think it is location about why this woman needed in the Washington Post this morning important for us and the critics to step to stay in the hospital, and the clerk and said: Vote against this bill. It is up and acknowledge they have never was saying: No, we are not going to pay not everything I want it to be. Well, Governor Dean, it is not every- come forward with a single proposal to for it. Send her home. Bring her back on Monday for the surgery. thing I want it to be either. But how deal with that issue—not one. We have He said: I’m not going to do that. could we in good conscience explain to never heard from the Republican side The clerk said: Well, we’re not pay- 30 million Americans who would have of the aisle how they would cover 94 ing for it. health insurance for the first time in percent of the people in America. They He hung up the phone and turned to their life—such as Judie down in Mar- have never put together a comprehen- me and said: She’s staying in the hos- ion, IL—‘‘Judie, I am sorry, we won’t sive health insurance plan. They have pital. We’ll fight this out later on. be able to get you health insurance never talked about submitting it to the Fight it out—those battles, those this time around. We couldn’t get ev- Congressional Budget Office to make fights take place every day across erything we wanted.’’ That is not a sure it does as promised, as we have. America. very compelling argument, from my They come to the floor with criti- I have told the story on the floor point of view. cisms of what we are trying to do. It is here about a friend of mine—a great How do we say to people who want to their right as Senators to do that. But friend of mine—whom I have known have a fighting chance against insur- it is also our right to ask them the since he was a young man. He is a base- ance companies that say no—and will basic question: Does the fact that you ball coach at Southern Illinois Univer- have the legal right to do that—‘‘I am do not have a Republican health care sity. His name is Danny Callahan. sorry, you are just going to have to reform bill mean that you like the cur- Danny has been battling cancer for continue to do your best fighting these rent system, that you do not want to years. Danny is a young guy. He has a clerks at health insurance companies change it? That is one conclusion. young family and a good wife, and he is who say no because this bill does not The other conclusion is: This is hard a terrific guy from a great family. He have everything in it that we want.’’ work. Writing a bill that does this has been battling cancer—chemo, radi- You learn in this business of life and takes a lot of time and effort, and they ation, even surgery, removing part of politics that concessions and com- have not put in that hard work. So his jaw and trying to stop this advance promise are critical parts of achieving they come emptyhanded to the floor of cancer. a goal. Within the Democratic Caucus with good speeches and good graphs His oncologist came up with a drug there are conservative and liberal or and good press releases, but without that is working. It is called Avastin. progressive members, and we have to good amendments to take care of the This drug is experimental. It works on find that sweet spot, that middle basic problems. some cancers. It is certified to work on ground, where they come together. I There is one other element in this them. But they found it works on oth- think we have, and I am sorry we do health care reform bill too. How many ers in an off-label application. The not have any Republican support for times have you met somebody in your oncologist wrote to the health insur- this. family or at work or through a friend ance company and said: This is work- It is a fact, though, we have spent an who told you about a battle they had ing. We have stopped the spread of his entire year debating health care reform with a health insurance company when cancer. We want to keep using this on Capitol Hill, and the sum total of somebody got sick in their family? I drug. And they said: No. It costs $12,000 Republican support for health care re- have run into it a lot. A few years a month, and we won’t pay for it. form by vote comes down to two. One

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13355 Republican Congressman from the Shouldn’t we first pass this bill that work as the jobless rate hovers at 10 percent State of Louisiana voted for the House funds our troops that is sitting on the and, in particular, as the ranks of the long- bill, and one Republican Senator, Ms. floor here that passed the House 395 to term unemployed soar. Roughly half of the respondents described SNOWE of Maine, voted for a version of 34? Why would we delay that funding of the recession as a hardship that had caused health care reform in the Senate Fi- our troops in the midst of a war? Why fundamental changes in their lives. Gen- nance Committee. Not a single vote be- don’t we do that today before we break erally, those who have been out of work yond those two in support of health for lunch and say to our troops: ‘‘We longer reported experiencing more acute fi- care reform. took care of you.’’ nancial and emotional effects. In fact, some take great pride in the I might add, in here there is a provi- ‘‘I lost my job in March, and from there on, fact that they are never going to vote sion that extends unemployment bene- everything went downhill,’’ said Vicky New- ton, 38, of Mount Pleasant, Mich., a single for health care reform until it comes fits. Is there any doubt on the other mother who had been a customer-service rep- down exactly as they want it. We have side of the aisle that they will vote to resentative in an insurance agency. invited them into conversation. In fact, extend unemployment benefits in the ‘‘After struggling and struggling and not my friend, the Senator from Iowa, who midst of a recession? The last vote we being able to pay my house payments or my is on the floor here today, was part of had was 97 to 0 on the floor of the Sen- other bills, I finally sucked up my pride,’’ a conversation with Senator BAUCUS ate to extend unemployment benefits, she said in an interview after the poll was and four other Members of the Senate conducted. ‘‘I got food stamps just to help and that was a few weeks back. I as- feed my daughter.’’ that went on, I am told, for weeks, if sume Republican Senators feel as Over the summer, she abandoned her home not months, in an effort to find bipar- Democratic Senators do, that in the in Flint, Mich., after she started receiving tisan, common ground, and they could midst of a recession, in the midst of foreclosure notices. She now lives 90 minutes not. I am sorry they did not. It would the holiday season, we owe it to these away, in a rental house owned by her father. have been a better day if we had a real families to try to help them out. With unemployment driving foreclosures nationwide, a quarter of those polled said bipartisan effort before us. But I thank How could we in good conscience go they had either lost their home or been the Senator from Iowa for his genuine home and celebrate Christmas or Ha- threatened with foreclosure or eviction for heartfelt efforts in trying. nukkah or whatever our holiday might not paying their mortgage or rent. About a But we come here today without a be and say we want to be in the com- quarter, like Ms. Newton, have received food Republican alternative to health care fort and love of our families, to sit and stamps. More than half said they had cut reform. We come here today facing the have a glorious Christmas morning be- back on both luxuries and necessities in reality that if we fail this time, we will fore the tree, and enjoy the blessings of their spending. Seven in 10 rated their fam- not address health care reform, I am ily’s financial situation as fairly bad or very this great Nation and the blessings of bad. afraid, in my political lifetime or in life, and then turn down the unem- But the impact on their lives was not lim- the lifetime of many people following ployed when it comes to their benefits? ited to the difficulty in paying bills. Almost this debate. It took 16 years since We could not do that in good con- half said unemployment had led to more con- President Clinton last offered an effort science. flicts or arguments with family members and to try. If we wait another 16 or 20 Why don’t we do that today? Why do friends; 55 percent have suffered from insom- years, I cannot imagine what is going we wait until tomorrow? Why don’t we nia. ‘‘Everything gets touched,’’ said Colleen to happen. say: Regardless of what your strategy We know what is going to happen to Klemm, 51, of North Lake, Wis., who lost her is on health care reform, let’s not job as a manager at a landscaping company health insurance premiums. Ten years shortchange the troops. Let’s not leave last November. ‘‘All your relationships are ago, for a family of four, the average them with any uncertainty. Let’s not touched by it. You’re never your normal cost of their family health insurance leave those unemployed with uncer- happy-go-lucky person. Your countenance, premium was $6,000 a year—$500 a tainty as to whether they are going to your self-esteem goes. You think, ‘I’m not month. Pretty steep, right? The aver- get benefits they come to expect and employable.’ ’’ A quarter of those who experienced anxiety age cost today, for a family of four, for deserve. I hope we can. their family health insurance pre- or depression said they had gone to see a Mr. President, I ask unanimous con- mental health professional. Women were sig- mium: $12,000 a year. It has doubled in sent to have printed in the RECORD a nificantly more likely than men to acknowl- a 10-year period of time, and it is going recent article published in the New edge emotional issues. up so fast that it will double in the York Times relating to the trauma of Tammy Linville, 29, of Louisville, Ky., said next 7 or 8 years to $24,000 a year. joblessness in the United States. she lost her job as a clerical worker for the Imagine working and earning $2,000 a There being no objection, the mate- Census Bureau a year and a half ago. She month just to pay for your health in- rial was ordered to be printed in the began seeing a therapist for depression every week through Medicaid but recently has not surance premium. That is it. Imagine RECORD, as follows: how meager that coverage is going be been able to go because her car broke down [From the New York Times, Dec. 14, 2009] and she cannot afford to fix it. because each year you know what hap- POLL REVEALS TRAUMA OF JOBLESSNESS IN Her partner works at the Ford plant in the pens. The cost goes up and coverage U.S. area, but his schedule has been sporadic. goes down. What will it be 10 years (By Michael Luo and Megan Thee-Brenan) They have two small children and at this from now? If you talk to people who point, she said, they are ‘‘saving quarters for More than half of the nation’s unemployed diapers.’’ are negotiating for contracts, such as workers have borrowed money from friends labor unions, all they talk about is ‘‘Every time I think about money, I shut or relatives since losing their jobs. An equal down because there is none,’’ Ms. Linville health insurance. They do not talk number have cut back on doctor visits or said. ‘‘I get major panic attacks. I just don’t about wage increases. They talk about medical treatments because they are out of know what we’re going to do.’’ health insurance. Those are the issues work. Nearly half of the adults surveyed admit- that break down the negotiations and Almost half have suffered from depression ted to feeling embarrassed or ashamed most end up in work stoppages and strikes, or anxiety. About 4 in 10 parents have no- of the time or sometimes as a result of being it has become that contentious and ticed behavioral changes in their children out of work. Perhaps unsurprisingly, given that they attribute to their difficulties in the traditional image of men as bread- that difficult. finding work. Are we going to accept that? Is that winners, men were significantly more likely Joblessness has wreaked financial and than women to report feeling ashamed most the best we can do in America? I do not emotional havoc on the lives of many of of the time. think so. Are we going to accept a those out of work, according to a New York There was a pervasive sense from the poll strategy which says: We are going to Times/CBS News poll of unemployed adults, that the American dream had been upended slow down the business of the Senate causing major life changes, mental health for many. Nearly half of those polled said to a crawl, or stop it, as they tried yes- issues and trouble maintaining even basic they felt in danger of falling out of their so- terday, in an effort to defeat even hav- necessities. cial class, with those out of work six months The results of the poll, which surveyed 708 or more feeling especially vulnerable. Work- ing a vote on health care reform? unemployed adults from Dec. 5 to Dec. 10 and Don’t we owe the people of this coun- ing-class respondents felt at risk in the has a margin of sampling error of plus or greatest numbers. try, at the end of this debate, a vote on minus four percentage points, help to lay Nearly half of respondents said they did health care reform? Shouldn’t it be in bare the depth of the trauma experienced by not have health insurance, with the vast ma- a timely fashion? millions across the country who are out of jority citing job loss as a reason, a notable

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13356 CONGRESSIONAL RECORD — SENATE December 17, 2009 finding given the tug of war in Congress over make them part of any political delay It seems as if nearly everyone, in a health care overhaul. The poll offered a and strategy that leaves uncertainty. fact, in the administration is touting glimpse of the potential ripple effect of hav- Let’s do it today. Let’s not wait until the benefits of green jobs and a clean ing no coverage. More than half character- the money runs out tomorrow. energy economy and I am doing that ized the cost of basic medical care as a hardship. Let’s fund our unemployment bene- right now myself. It is astonishing, Many in the ranks of the unemployed ap- fits too. Let’s give these families, who though, with all this talk about green pear to be rethinking their career and life through no fault of their own are out of jobs and clean energy that this Con- choices. Just over 4o percent said they had work, the peace of mind of knowing gress right now seems to be heading for moved or considered moving to another part that as we go home for Christmas, they the holidays while thousands of green of the state or country where there were will at least have a Christmas which energy workers will receive pink slips more jobs. More than two-thirds of respond- has, even if it is small, an unemploy- and furloughs. ents had considered changing their career or ment check. On December 31 of this year, the cur- field, and 44 percent of those surveyed had rent biodiesel tax credit will expire. pursued job retraining or other educational The PRESIDING OFFICER (Mr. opportunities. BURRIS). The Senator from Iowa is rec- The biodiesel tax credit provides a $1- Joe Whitlow, 31, of Nashville, worked as a ognized. per-gallon credit for biodiesel made mechanic until a repair shop he was running Mr. GRASSLEY. Mr. President, I ask from soybean oil and yellow grease and with a friend finally petered out in August. unanimous consent to speak as in animal fats. The tax credit is essential He had contemplated going back to school morning business for 10 minutes. in maintaining the competitiveness of before, but the potential loss in income al- The PRESIDING OFFICER. Without this clean-burning, domestically pro- ways deterred him. Now he is enrolled at a objection, it is so ordered. duced green fuel and the jobs that are local community college, planning to study BIODIESEL TAX CREDIT accounting. connected with it. ‘‘When everything went bad, not that I Mr. GRASSLEY. Mr. President, I rise The tax credit exists for a common- didn’t have a choice, but it made the choice on the issue of jobs and 10 percent un- sense reason and something we have easier,’’ Mr. Whitlow said. employment and to tell my fellow Sen- been using for a long period of time: to The poll also shed light on the formal and ators what we can do to preserve offset the higher cost of producing bio- informal safety nets that the jobless have re- maybe 25,000 jobs in an industry that, diesel—or I could just as well insert the lied upon. More than half said they were re- by the end of the month, will be other- word ‘‘ethanol’’—compared to petro- ceiving or had received unemployment bene- leum diesel. Without the tax credit, pe- fits. But 61 percent of those receiving bene- wise shut down because Congress is not fits said the amount was not enough to cover taking action. The main point of my troleum marketers will be unwilling to basic necessities. remarks is, if we don’t extend the bio- purchase the more expensive biodiesel Meanwhile, a fifth said they had received diesel tax credit by the end of the and demand will vanish. From this food from a nonprofit organization or reli- month, these jobs will be lost. standpoint of the tax credit, I hope ev- gious institution. Among those with a work- My point is 23,000 jobs will be lost. In erybody remembers that whether it is ing spouse, half said their spouse had taken fact, right now, on December 17, com- wind, ethanol, solar, biodiesel, bio- on additional hours or another job to help panies are making plans to shut down mass, or geothermal, it takes tax cred- make ends meet. Even those who have stayed employed have these operations by the end of the year. its to get these programs off the not escaped the recession’s bite. According Everybody knows our unemployment ground. Right now, wind energy is a big to a New York Times/CBS News nationwide rate is 10 percent. Everybody knows industry in my State, not only from poll conducted at the same time as the poll the President has spent a great deal of the production standpoint but from the of unemployed adults, about 3 in 10 people time, over the last 2 or 3 weeks, talk- standpoint of manufacturing of compo- said that in the past year, as a result of bad ing about creating jobs and getting us nents because, in 1992, I got a wind en- economic conditions, their pay had been cut. out of the recession. But we have to re- ergy tax credit passed; otherwise, we In terms of casting blame for the high un- member that for those without work, employment rate, 26 percent of unemployed would not have wind energy and every- adults cited former President George W. this is not just a recession, it is a de- body touts wind energy today. It is a Bush; 12 percent pointed the finger at banks; pression. little bit like the very infant biodiesel 8 percent highlighted jobs going overseas and We all agree we should take whatever industry we have. One might not think the same number blamed politicians. Only 3 action is necessary to jump-start our biofuels are an infant industry because percent blamed President Obama. economy and get people back to work. ethanol has been around for 30 years, Those out of work were split, however, on President Obama and Vice President but biodiesel is about where ethanol the president’s handling of job creation, with BIDEN have been talking for months was 30 years ago. So we want to help 47 percent expressing approval and 44 percent about the need to create green jobs. disapproval. move this industry along so eventually Unemployed Americans are divided over Well, green jobs, purple jobs, whatever it can stand on its own legs. That is the what the future holds for the job market: 39 kind of jobs, jobs are jobs. I don’t ob- motive behind all these tax credits, to percent anticipate improvement, 36 percent ject to the creation of green jobs. In get an infant industry started and then expect it will stay the same, and 22 percent fact, what I am talking about is some they stand on their own. say it will get worse. of these green jobs. In 2008, getting back to the jobs in Mr. DURBIN. Mr. President, I am President Obama has held three pub- this industry, biodiesel supported 51,000 going to close by saying that for those lic events in recent days to highlight green jobs. Because of the downturn in who wonder if it makes any difference his concern about the economy and the the economy and the credit crisis, the whether we move forward on the issue need to create jobs. Yesterday, the ad- biodiesel industry has already shed of helping the unemployed, they should ministration apparently announced bil- 29,000 green jobs. So now what about read this article I have put in the lions more in tax credits for renewable the rest of those jobs? That is what my RECORD. People across this country are energy and energy conservation efforts. remarks are all about, and that is what not only worried about getting a job I will bet when I look at that list I am getting the tax credit renewed before and taking care of their families, it has going to support most of those because the end of the year is all about. Be- reached a point where it is dramatic. I believe a national energy policy in- cause the industry is currently oper- Some of them are making critical life volves capturing whatever we can of ating at just around 15 percent of ca- decisions, spending their savings, with petroleum and fossil fuels we have pacity. Without an extension of the tax no health insurance to cover them- available for a short period of time be- credit, all U.S. biodiesel production selves or their kids. cause we are never going to get rid of will grind to a halt. Plants will be I will ask the Republicans, who will them in the short term. We need con- shuttered and workers will be let go. follow me: Please, regardless of how servation, and we need renewable and No one should be surprised by the up- long you want to talk today, agree alternative energy. Those three things coming expiration of this tax credit. It with us that we should move quickly to make a comprehensive energy pro- was extended most recently in October fund our troops, send the money for gram. Obviously, if I am for that com- 2008. So we have known for 14 months; those members of the military and prehensive energy program, I am for hence, nobody should be surprised that their families to give them peace of renewable energy and alternative en- it would need to be extended by the end mind we stand behind them. Do not ergy. of this year.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13357 The Senate has been in session near- away from dealing with these issues, as this SGR formula that will prove ly continuously for months. Earlier albeit 8 days before Christmas. unenforceable and will never work. Yet this year, Senator CANTWELL and I in- It is also appropriate to talk about those will be used by the Congressional troduced a bill to extend the tax credit Christmas because this bill not only Budget Office to provide a cost esti- for 5 years and change it to a produc- funds our troops, it is a Christmas tree mate or score which may meet the de- tion tax credit. There is no excuse for on which Members of Congress have mands of politics today but which will inaction on this credit. The Demo- hung nice shiny little ornaments, pro- bear no relationship whatsoever to the cratic leadership is content to leave visions that have nothing to do with ultimate costs. And the American peo- without doing the necessary work on funding our troops and the Defense ap- ple understand that. They understand extenders, believing they can extend propriations bill. As a matter of fact, the budget gimmicks of having a 10- the tax provisions retroactively some- this bill would actually create new en- year program and not implementing it time early next year. Retroactivity titlement spending programs—that is until year 4 but starting the taxes to does work a lot of times on tax extend- what some of these little shiny orna- pay for it on day one. They understand ers that are not extended at the end of ments are—rather than fix the ones we that, and that is why they don’t trust the year and extended to be made ret- have. It is significant. We are talking the Congress to be honest and trans- roactive. But retroactivity in the case about our troops. At the same time, we parent when it comes to spending their of the biodiesel market doesn’t help are talking more generally about money—because of their unfortunate bring it from grinding to a halt on Jan- health care, because under Federal law experience. uary 1, 2010, because without the incen- TRICARE, which handles the reim- I also want to focus on other prom- tive, the biodiesel will cost much more bursement rates for health care for our ises the President has made about than petroleum diesel. troops and their families, is required health care reform which bear on the While the House and Senate dither, under Federal law to follow Medicare process by which health care reform thousands will lose their jobs, but de- reimbursement rates. and these bills are being considered— mand for dirty, imported petroleum We know that under the underlying unfortunately, ways in which the Reid diesel, however, will continue. Invest- health care bill we will be considering bill breaks those promises. This is one ments in the domestic renewable fuels up until Christmas, it looks like there we have talked about before, but I industry will lose value and possibly are actually going to be $500 billion in think it bears repeating because the disappear—quite to the contrary of cuts to Medicare. The concern is, if ac- American people want us to read the what I said in my remarks of yester- cess to care is jeopardized for Medicare bills before we vote on them. They day, the President announcing various beneficiaries, which we know it will be want to be able to read the bills and to tax credits. So this one has been on the for at least some—particularly Medi- have them posted on the Internet so books. All it has to be is reauthorized. care Advantage beneficiaries—then they can understand how this legisla- It is too bad that among all the talk cuts to TRICARE reimbursement rates tion will impact them and their fami- of green jobs and the clean energy could follow. lies. economy, Congress is unable to pass a We also know this bill includes a 2- Here is what the President said: simple extension of an existing tax month bandaid for the Medicare reim- I’m going to have all the negotiations [the credit. Once again, the actions of the bursement rate for doctors, the so- health care negotiations] around a big table. majority do not match their words. For called doc fix. This is the sustainable We’ll have negotiations televised on C– all the talk, they will have failed all growth rate formula which has never SPAN, so that people can see who is making those in the biodiesel industry working worked since Congress passed it in 1997. arguments on behalf of their constituents today to reduce our dependence upon It shows Congress makes assump- and who is making arguments on behalf of foreign oil if we leave without extend- tions—this one back in 1997—that we the drug companies or the insurance companies. ing this critical tax credit before the are going to cut Medicare, and in this end of the year. particular instance Medicare reim- I see one of our colleagues on the I yield the floor. bursement rates for doctors and that floor, who is a chief proponent of an The PRESIDING OFFICER. The Sen- somehow that will not have a negative amendment that had to do with drug ator from Texas is recognized. impact on people’s ability to find a pricing. We all know it is the worst- Mr. CORNYN. Mr. President, we have doctor who will see them. kept secret in Washington, DC, that conferred with the other side of the I know in Travis County in Austin, the drug companies have cut a special aisle, and I think we have reached an TX, at last report, only 17 percent of deal behind closed doors—not around a agreement. I ask unanimous consent to doctors will see a new Medicare pa- big round table on C–SPAN but behind be allowed to speak for up to 10 min- tient, and it is even worse for Medicaid, closed doors—and many of us don’t utes, and then I believe two Senators which pays less than Medicare. So we know the exact terms of this deal. We from the other side of the aisle would know the cuts the underlying health do know that while the big drug com- like to speak for up to 10 minutes each. care bill will make to Medicare are panies may be protected, the American The PRESIDING OFFICER. Without going to have a negative impact on ac- people are not at the table while spe- objection, it is so ordered. cess to care for many of our seniors, cial interests are cutting deals that Mr. CORNYN. Mr. President, it just and because TRICARE rates are linked have not yet fully come to the light of shows we can do some things in a bi- to Medicare rates under Federal law, day. I think this is a tragedy. There is partisan way around here still, albeit they could well jeopardize our troops’ no reason the President’s promise can- small things. and their dependents’ access to care as not be kept, other than to try to run We are talking about the Defense ap- well. something by Congress and the Amer- propriations bill. I think it is impor- This experience we have had since ican people before they have had a full tant to point out that the majority 1997 under the Balanced Budget Act opportunity to read it and understand leader has waited until the very last with the sustainable growth rate what is in it. minute to bring up this very important which, unless Congress acts, will actu- This is exactly the kind of cynical bill, which I am sure will pass by a ally cut reimbursement rates for doc- act that breeds public skepticism about large majority, but it was 2 months ago tors by 23 percent—and this bill pro- Congress and their elected representa- that the fiscal year ended. The major- vides a 2-month—a 2-month—fix—these tives. We are elected by the people in ity leader has now left us here 8 days assumptions have never worked. Yet our States to use our best judgment on before Christmas with a lot on our this health care bill, at least the 2,074- their behalf, listen to them, and ask: plate, a lot yet to do, and, of course, page version—we have yet to see the What do you think about this? Tell me, threatening to keep Congress here Reid substitute, which will appear, I as your elected representative, how do through Christmas—certainly up to am sure, miraculously sometime you think I should vote on these im- Christmas. I would not say we are around Saturday as the majority lead- portant issues? If we hide the sub- happy to be here, but this is a great reer tries to cram this bill through before stance of these cooked-up deals behind sponsibility. These are important Christmas—we know it contains or will closed doors from the American people, issues, and none of us is going to shy contain many other assumptions, such no wonder the congressional approval

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13358 CONGRESSIONAL RECORD — SENATE December 17, 2009 rating is so low. Unfortunately, prom- United States when he says the bill leashed a barrage of productivity in ises such as this which are broken by will not add one dime to the deficit. American agriculture. When you drive the Reid bill do nothing but breed One reason they might think that is around with a locator on the dashboard skepticism or cynicism on behalf of the because of what this Reid bill—at least of your car, that is a GPS satellite— American people. the 2,000-page variety—says. The Chief that is the government as well. The The Washington Post reported last Actuary for CMS says that pledge is Interstate Highway System that con- October that the first Reid bill was ‘‘unrealistic and doubtful.’’ David nects America—when you drive down written in secret and ‘‘behind closed Broder, one of the deans of the Wash- big roads that are connecting all of doors.’’ That is the 2,074-page bill we ington press corps, said: America, that is the Interstate High- have seen stacked up on our tables. These bills, as they stand now, are budget- way System, suggested by President That bill, with sleight of hand, will be busters. Dwight D. Eisenhower. What a remark- swept off the table and a new one will I don’t know what it is going to take able thing. miraculously appear sometime on Sat- before Congress wakes up and listens to I also think of the story I read a urday. That is the bill we are going to our constituents and the American while back about those two little crea- be asked to pass by Christmas—again, people. I guess it is going to take an- tures that are crawling around the without anybody knowing what ex- other election in 2010 or in 2012 where planet Mars, one called Spirit and one actly is in it. the American people get to hold us ac- called Opportunity. Five years ago, our Of course, there is speculation among countable because in the end the Amer- country sent both of them to land on the press corps and the political class ican people will get the kind of Con- the surface of Mars. They landed 1 in Washington as to whether the ma- gress they want and the kind of Con- week apart. They are dune buggy-sized jority leader will be able to get 60 votes gress they deserve. I hope it will be the mechanical creatures on the surface of on a bill. People are saying: Yes, I kind of Congress that embraces the Mars. We sent them up by a rocket. think he will get 60 votes. Others say: transparency pledges the President has They landed encased in a shroud, and No, he is missing a few votes; he is not made and, in reality, lets the American they bounced and the shroud opened up quite there yet. And we are talking people know what we are doing here and these dune buggy-sized vehicles about a bill most of us haven’t even and asks whether they approve. began driving on the surface of Mars. seen. How in the world can anybody Mr. President, I thank the Chair and They were expected to last 90 days. tell their constituents they are for the yield the floor. Five years later, Spirit and Oppor- bill or against the bill before they have The PRESIDING OFFICER. The Sen- tunity have been driving on the surface had a chance to read it? It is mind-bog- ator from North Dakota is recognized. of Mars collecting samples. One of gling. Yet we know these closed-door Mr. DORGAN. Mr. President, it is in- them—I believe Spirit—had an arm meetings are still going on—8 days be- teresting to listen to the discussion on that looked as if it was arthritic, so it fore Christmas—to work on perhaps a the floor of the Senate. We hear a lot was hanging at an angle, almost like a new 2,000-page Reid bill. about what is wrong these days. For a salute. The wheel broke, and so they I know some of our colleagues were moment, let me say that there is a lot were dragging the wheel and creating a irritated with our colleague from Okla- right in this country as well. trench. The arm reached back, and the homa, who asked that the Sanders We are in a deep economic recession. scientist—it takes 9 minutes to send up amendment be read before we actually I understand that. This is the deepest a signal—the scientist had the arm considered it. Only in Washington, DC, recession we have seen since the Great reach back and dig into the trench so would people be mad about knowing Depression. It is a difficult cir- they could get better samples on the what is in a bill or an amendment be- cumstance. But this country has been surface of Mars. These dune buggies fore we are asked to vote on it. The in tough circumstances before. The were running on the surface of Mars. American people want to know. They American people are a resilient bunch; Yes, that is the Federal Government are being excluded, as are many of the they pull themselves up and move for- and all the contractors. rest of us who don’t get to know what ward. When somebody said to me that the is being cooked up behind closed doors. I understand the angst and the con- Federal Government has never done We know these private meetings concern across this country. I understand anything right, I said: If you ever get tinue. The President has had meetings the debate in the Chamber about what to the Moon, just check the boot with our Democratic colleagues from is wrong. I would be the first to say I prints. They are not Chinese or Rus- which Republicans have been excluded. don’t think either political party is a sian; they are made by an American as- We don’t know what kinds of agree- great bargain sometimes. Both of them tronaut—the one who planted the ments or discussions were occurring have their faults. American flag there. behind those closed doors. Certainly, I think of that Ogden Nash poem that There is plenty wrong in this coun- no C-SPAN cameras were allowed. goes like this: try, to be sure, but there is a lot right The PRESIDING OFFICER. The Sen- He drinks because she [scolds], about this country. ator’s time has expired. He thinks she [scolds] because he drinks, About 9 years ago, at the start of this Mr. CORNYN. I ask unanimous con- She thinks while neither will admit what’s decade, our country had a budget sur- sent for 2 more minutes. [really] true that he’s a [drunk] and she’s a plus. Poor Alan Greenspan, the Chair- The PRESIDING OFFICER. Is there shrew. man of the Federal Reserve Board, objection? Both political parties, it seems to wasn’t able to sleep. He was worried Without objection, it is so ordered. me, have faults, but both political par- that we were going to pay down the Mr. CORNYN. Mr. President, we need ties have also contributed to the well- debt too quickly. I assured him he to have every single Senator look at being of this country. ought to go to sleep peacefully because what is in these bills before we are When I hear people say nothing that is not a problem. asked to vote on them. works in America—I answered phones President Bush came to town and Let me close on one last issue. The at the front desk yesterday for a while said: We are going to do very big tax President has also said: to hear from callers calling in about cuts because it is estimated that we First, I will not sign a plan that adds one various things. I heard it on many oc- are going to have very big surpluses. I dime to our deficits—either now or in the fu- casions because a lot of people on the was one on the floor who said maybe ture. Period. radio and on TV are saying nothing we ought not do that. Let’s be a little Unfortunately, because of this cyn- works in America and there is nothing conservative. These surpluses don’t ical attitude of Washington and of the the Federal Government has ever done exist for the next 10 years yet. They ex- political class in Washington toward that works. isted that year for the first time in a the public generally, 74 percent of vot- The Internet—what a wonderful in- long time in the year 2000—a budget ers said they don’t believe that. Sev- vention in the life of our planet. Yes, surplus. President Bush said: No, we enty-four percent of voters, including that was created by the Federal Gov- are going to begin very large tax cuts 82 percent of Independents, are saying: ernment. Going way back, we brought right now in anticipation of these sur- We don’t believe the President of the electricity to America’s farms and un- pluses in the future. Some of us said:

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13359 Be careful. The wealthiest Americans signs a paper. We have a lot of environ- we are told that energy legislation has got very large tax cuts, especially. mental laws. Mexico is a good example. to move with climate change legisla- Almost immediately, this country They have a lot of environmental laws tion. went into a recession, and 6 months on the books. They are just not en- I am not opposed to a lower carbon after that, this country was hit with 9/ forced. Signing a paper is not going to future. I am not opposed to trying to 11, an unbelievable terrorist attack. Al- mean much unless you have an agree- do something on climate change legis- most immediately, we went into the ment that makes sense for the planet lation. I have indicated I am not sup- country of Afghanistan to go after and an agreement that is enforced and portive of the trade piece of cap and Osama bin Laden. Then, very quickly, an agreement that is agreed to by vir- trade. I have no interest in consigning we invaded Iraq. We were at war for the tually all the countries that are emit- to Wall Street the opportunity to have rest of the decade without paying for ting a great deal of carbon. a $1 trillion carbon securities market one penny of it. Not a penny was paid I will tell you what will make a big that they could trade on Monday and for those wars or the increased funding difference; that is, for the Congress to Tuesday, and then they can tell us on to deal with terrorist attacks. pass the Senate Energy legislation, Wednesday and Thursday how much we Some of us went to the floor of the which truly does move us in the direc- are going to pay for our energy. I have Senate and said: Let’s begin to try to tion of addressing climate change. no interest in creating a carbon securi- pay for some of this. Why should we That energy policy, by the way, is ties market. send our men and women to war and not some secretive policy. This past There are a lot of things we can do, decide we won’t ask anybody to pay for June we passed an energy bill out of especially an energy policy at the front it? They thought we will just have the the Senate Energy and Natural Re- end—and I hope early next year—we kids and grandkids pay the cost. The sources Committee that does all the will advance this country’s energy se- President said: If you add this to the things I think we need to—or virtually curity, No. 1, and advance this coun- bill to pay for it, I will veto the bill. So all the things—address the issue of cli- try’s movement toward a lower carbon here we are. mate change and a lower carbon future. future. Then we see, at exactly the same But it was not brought to the floor of I wish to put up a couple charts as I time, regulators coming to town boast- the Senate or the House of Representa- describe this. We must reduce our de- ing that they were willing to be will- tives because we are told energy legis- pendence on foreign energy, especially fully blind and they would not look or lation must be married or merged with foreign oil. Seventy percent of the oil see and they would not care. We had a climate change. I do not agree with we use comes from off our shores. We bunch of big high fliers create unbe- that. We are going to have wasted a sink straws in the planet and suck oil lievably exotic financial industries, year, in my judgment, in which we out. We suck out 85 million barrels a such as credit default swaps and liars could have debated the energy legisla- day, and one-fourth has to come to this loans for mortgages, and they steered tion on the floor of the Senate, and country because of our appetite for oil. this country right into a ditch while passed it into law by the signature of You know what, when 70 percent of it the people at the top were making a lot the President. This energy legislation comes from other countries—many of money, causing economic havoc the maximizes the use of renewable energy, that do not like us very much—that likes of which we have not seen since such as the building of the interstate means we have an energy security the 1930s. Our revenue at the Federal transmission capability that would problem. This Energy bill I have de- Government dropped $400 billion be- allow us to maximize renewable en- scribed, that has been out of the En- cause of the deep recession. Expendi- ergy. The energy legislation would also ergy Committee since June, and was tures for unemployment, food stamps, establish a renewable electricity stand- passed on a bipartisan vote, reduces and so on, which are caused to go up ard, the first one in the history of this our dependence on foreign oil, in- during recessions, increased substan- country. The energy legislation would creases domestic production, estab- tially, and we have very serious eco- also retrofit buildings to make them lishes a renewable electricity standard, nomic problems. There is no question more energy efficient, which would in- and creates a transmission super- about that. I can recite the problems as crease energy savings. I also offered an highway. By the way, in the last 9 well as anybody. But let’s also, from amendment to this legislation, that years, we have laid 11,000 miles of nat- time to time, recite the strength of would also give us the ability to reduce ural gas pipeline in this country—11,000 this country. It requires leadership our dependence on foreign oil by open- miles. Do you know how many miles from all of us to put this country back ing oil and gas production in the east- we have laid of high-voltage trans- on track. I am convinced we can. I am ern Gulf of Mexico. mission lines interstate? Mr. President, convinced we will do that. We need a All these issues are in an energy bill 668. On this bill, I worked on the trans- little cooperation here and there. that passed the Senate Energy and mission piece with Senator JEFF There is not much these days. But I am Natural Resources Committee on a bi- BINGAMAN and others and we solved the convinced all of us want the same partisan vote. Yet the benefits to this issue of transmission. thing for this great country, and per- country from those energy policies We can get about the business of haps we can come together even if we that make a lot of sense, will not be building an interstate highway of have different views of how to get to available during this year, because transmission lines so you can produce that common destination. I am con- those who are pushing for climate electricity where the Sun shines and vinced one of these days we will make change legislation here say you have to the wind blows, put it on a wire and some progress and put America first. do energy and climate change together. move it to where it is needed in the I wished to come today to talk about I say this: I hope when we turn the load centers. something that is happening half away corner and start a new year, that an This is not rocket science. This is around the world in Copenhagen. That energy bill that is bipartisan—Mr. rather simple. We already passed a bi- is the issue of climate change and en- President, I had indicated I wished to partisan bill out of committee to do ergy. Even as leaders around the world take 20 minutes today. I ask consent this. Electrification and diversification gather in Copenhagen to talk about cli- for the 10 additional minutes. of our vehicle fleet is in the bill. The mate change, I wish to talk about the The PRESIDING OFFICER. Without legislation also enhances energy effi- energy legislation that addresses the objection, it is so ordered. ciency in a wide range of areas, it ex- issue of climate change. The energy Mr. DORGAN. Mr. President, the leg- pands clean energy technology, and the legislation that was passed by the Sen- islation that exists and is ready, in my training of an energy workforce for to- ate Energy and Natural Resources judgment, could be signed by the Presi- morrow. Committee earlier this year is a real dent and already moving this country Every one of us gets up in the morn- energy policy that also protects the down the road. The deliverable for the ing and the first thing we do is flick a planet by reducing greenhouse gas President to go to Copenhagen could switch and all of a sudden there is emissions. have been: Look what we have done in light. Then many decide to plug in a We are not going to reduce green- energy policy; we have taken the sig- coffee maker or turn on the stove, turn house gas emissions because somebody nificant step in the right direction. Yet on the radio, turn on the television set,

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That is My point is, I think we ought to be mails over the past 6 months to tell me why it is important for us to under- doing a lot of everything with respect their stories and their struggles with stand we have a very serious energy se- to producing a better energy future for our health care system. curity issue in this country. No. 2, we this country and with respect to reduc- I come to the floor on behalf of the have a serious issue of the need to con- ing the carbon in our future. I am not thousands who do not have the time or struct new kinds of energy and also to somebody who is a naysayer about cli- who do not have the resources to write use the existing energy differently or mate change at all. I expect to be a to me and ask for help but who are produce energy differently and reduce part of discussions about how to reduce struggling as well. carbon emissions. carbon in our future. But I do believe it I come to the floor on behalf of small I chair the committee that funds will be a profound mistake if we do not business owners, parents, senior citi- most of our energy projects. I chair the advance the very policies we have the zens, and people with preexisting con- Senate Energy and Water Appropria- opportunity to advance in the Con- ditions, people with insurance whose tions Subcommittee. It funds the en- gress, in the Senate, the very policies premiums are skyrocketing, and people ergy and water issues, obviously. There that move us in the direction of reduc- without insurance who spend their is a lot going on, for example, that I ing carbon and making us more energy nights praying they do not have an ac- think is so exciting that can unlock secure. cident or fall ill. our opportunity to continue to use To date, what we have had is all this These people are all worried about coal. Some say you cannot use coal. Of breathlessness about you have to do a keeping their jobs or making a mort- course, you can. Our science and our climate change bill right now and you gage payment and for whom the cost of getting sick today or being dropped technology can clearly decarbonize the cannot take up energy legislation until from their health care plan or opening use of coal, which is our most abundant you take up climate change legisla- their mail to see another premium in- resource. Why would we not want to tion. You know what, I do not agree. use coal in the future? I hope that high on the list of the crease is too much to bear. Those are There are unbelievable things going agenda next year for this Congress is to the people who deserve a real debate on Dr. Craig Venter, a scientist not far and a real plan, not distortions or silly say: We have a serious energy security from here, is working on this issue: de- distractions, such as conversations problem and we have a serious issue veloping synthetic microbes that un- about how many pages are in this with respect to carbon. Let’s deal with derground would turn coal into meth- health care bill. What is more impor- both. If anybody believes this country ane. These microbes would consume tant than the number of pages in this can continue to have a 70-percent ad- the coal and turn it into methane. health care bill is the help within those diction for oil from foreign countries, Pretty interesting to me. pages for businesses and families across they are dreaming. That is not some- There is a guy in California who has this country. an idea, a patented idea I don’t know if thing that will be sustainable in the I have watched, day after day, as our it works, but they insist it is the silver long term. It undermines this coun- colleagues on the other side of the aisle bullet. He takes the entire flue gas try’s economy to have that kind of ad- have come down to this floor. They from a coal plant and he mineralizes it diction to foreign oil. have made outrageous claims. They through some patented process he has. So how do we address this issue and have handed out reams of paper and fix it? We address it with thoughtful It does not separate CO2. It mineralizes stacked copies of the Senate bill on top all of it and turns it into a product policies inside this country—to in- of copies of the House bill to try and that is harder than concrete and more crease efficiency, increase conserva- turn a serious debate into a sideshow. valuable than concrete and produces, tion, increase production, and increase But if my colleagues on the other side as a result, the cost of carbon at al- production in the right way that pro- want to focus on pages, fine, let’s focus most near zero. Maybe that is the sil- tects our planet. All these things are on pages. ver bullet. I don’t know. There are doz- possible. Beside me is a photo of a woman ens of examples like it that are very I guess I have spoken six or eight named Doreen Kelsey. In front of Do- exciting and very interesting. times on the Senate floor about these reen is a stack of papers. Those are I started algae research after it had issues, not that anybody is listening so hundreds upon hundreds of pages of been discontinued for 15 years—single- much I guess. But it is all health care forms and rejection letters and appeals cell pond scum, that green scum on the all the time right now. Health care is and denials from her insurance com- pond out on the farm—algae. You take not unimportant. I happen to think pany. These are pages that have taken among the first things on the agenda the CO2 that is released from a coal hours and hours to fill out and that plant, feed it to an algae farm and grow is, A, financial reform which restores have stood between Doreen’s husband algae. It increases its bulk in hours. confidence. That was important be- and the care he desperately needed. Then you can harvest the algae and cause a bunch of high fliers steered this I met Doreen at a roundtable I hosted country into the ditch. We have to produce diesel fuel. Get rid of the CO2 in August in Spokane, WA, in my and produce a fuel. That is called value make sure people think that will not State. Doreen told me she is self-em- added. That is called beneficial use of happen again; then, second, restarting ployed and isn’t able to purchase her carbon. the economic engine and putting peo- own health insurance because she has a There are others now—Dr. Craig ple to work—jobs; third, dealing with preexisting condition. Now, luckily, Venter is involved in this, along with energy which has to do with the very she and her family have health insur- Exxon—who have projects in which security of virtually everything we do ance coverage through her husband they create algae that excretes lipids to create jobs in this country. All these Tony’s employer. She told me she and directly. Instead of harvesting algae are important issues. Tony thought their family had good in- and destroying it for the purpose of ac- My hope is, when the calendar turns surance coverage. But when he asked quiring a diesel fuel, it excretes lipids and January comes, we will have the for a colonoscopy, they soon discovered directly which, with very little manip- opportunity to grab and seize the the lengths to which insurance compa- ulation, is a fuel. progress that was made in the Senate nies will go to deny, to delay, and to One of the scientists with the Sandia Energy and Natural Resources Com- dispute the care families such as the National Laboratory talked about the mittee, now nearly 6 months ago, to do Kelseys assumed were included in their development of a solar heat engine in the right thing for this country and to coverage. which you put CO2 on one side and do the right thing to address climate Their insurance carrier told them be- water on the other and you fracture change at the same time. fore they would pay for this preventive the molecules and thermochemically I yield the floor. care, it would have to be approved by a recombine them and you have meth- The PRESIDING OFFICER. The Sen- primary care physician. After being de- anol—water, CO2, develop a fuel. ator from Washington is recognized. layed for more than a month because of

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These are the pages that the Kelseys were determined to beat lives and saving money on health care impact people’s lives, and the Kelseys this terrible disease together, but rath- costs in the long term, our bill ensures are the people we ought to be talking er than focusing on fighting cancer free preventive services under all in- about. they were forced to fight their insur- surance plans. So when my colleagues come down ance company. Our plan invests in prevention and in here and complain about the number of Doreen told me although they had public health to encourage innovations pages in our health reform bill—those faithfully paid their premiums in health care that prevent illness and pages that will help our families and throughout their entire working lives, disease before they require more costly businesses lower costs—I want them to now that Tony desperately needed life- treatment. It would have allowed Tony think about the number of pages right saving treatment, he was in a constant to get a colonoscopy when he first here in front of Doreen. These are struggle of paperwork with his insur- needed it so he could get his treatment pages that have caused the Kelseys un- ance company to pay for even routine started sooner. imaginable heartache, and these are care. They weren’t asking for anything Mr. President, we also know families the pages that have come between new, they weren’t asking for anything deserve the security and stability of them and the health care they paid for. experimental, they were just asking for knowing that if they or their loved one These are the numbers we ought to the care that a lifetime of paid pre- do get sick, they will not be forced into be focusing on—the 14,000 people who miums should have entitled them to. bankruptcy to pay for the cost. Our bill are losing coverage every day. These The Kelseys assumed what most restricts the arbitrary limits that in- are the numbers we ought to be focus- Americans do when they are paying for surance companies currently place on ing on—the 51 million people who have good health insurance. They assumed the amount of coverage families reno insurance. Those are the numbers that while their insurance was expen- ceive. It caps the total amount that in- we ought to be focusing on, not the sive, it would be there for them when surance companies can make people number of pages in the bill. they needed it. Well, Doreen and her pay out of pocket on copays and Mr. President, we have to end the family, like many other American fam- deductibles. And it eliminates the life- politics, end the delay and the par- ilies and businesses, have come to find time limits insurance companies can tisanship. We need to end this obstruc- out that in our current health care in- impose on coverage. tion because that is what the Kelseys surance system, stability is sometimes In addition to putting in place those faced every day, delay and obstruction. nothing more than an illusion. important consumer protections that They are facing it again on the floor of With each procedure and each battle, would help people such as Doreen and the Senate. It is time for us to come the Kelseys faced a new fight—more Tony, it will give families the stability together on this important bill and paperwork stacked on more paperwork, and security they deserve and lower bring our businesses and our families another appeal and another appeal. At the cost of care so Americans such as the insurance reform they have been one point, Doreen told me she had to Tony and Doreen would not have cov- asking for. I hope that is what Ameri- appeal all the way to the State insur- erage that costs as much or more than cans will remember at the end of the ance regulator just to get a corrected their mortgage. We do that by putting day, that the pages in this bill are explanation of benefits form—paper- in place premium rate reviews to track going to change their lives so they work—from her insurance company. increases and crack down on excessive don’t have to fight their insurance She told me they had to borrow thou- insurance company overhead costs. companies again. sands of dollars to pay doctors while When our bill passes—and I am con- Mr. President, we are here today in their claims were tied up in what fident it will, despite the delay and the the Senate—nobody on the floor, just seemed like an endless appeal process— delay and the delay that we are seeing me talking about what we ought to be paperwork. on the other side of the aisle—insur- doing, and you in the Chair, waiting. The Kelseys’ insurance now costs ance companies will no longer be able Why? Because we have a Defense appro- more than their mortgage, and they to hike up Doreen’s premiums to pay priations bill in front of the Senate. It are constantly worried that Tony’s em- for a bureaucracy they will then put to is a Defense appropriations bill that ployer will drop that coverage. But, work battling her claims. needs to be passed by the end of this thankfully, she told me Tony is work- We also provide sliding scale pre- year. It needs to be passed so we can ing hard and successfully battling his mium tax credits—tax credits—for get back on the floor and pass our cancer. In the meantime, Doreen has families who still can’t afford cov- health care reform bill. successfully been battling her insur- erage, which would help 450,000 people Some people on the other side of the ance company. But this isn’t how our in my home State of Washington get aisle have decided that delaying this system should work. When we pass the the coverage they need. Defense bill will somehow help them Senate’s health care reform bill we are Mr. President, the bill before us delay this from ever being passed—the debating, it will not be. today—which some of my colleagues health care bill that would help Doreen Let me tell everyone—and the have sitting on their desks and they and her family. Well, Mr. President, it Kelseys—how our bill will help them. bring out here on a daily basis to show isn’t just about making a political First of all, our bill ends insurance us the pages—will help families such as point. What we are doing is having our company discrimination for pre- the Kelseys. That is what is within the soldiers—who are serving on the existing conditions, so Doreen will be pages of the bill they keep throwing at ground in Iraq, in Afghanistan, around able to purchase insurance on her own us. So I think, rather than talking the globe and here in our country— and not have to rely on her husband’s about the number of pages in the bill, wonder what they are going to get for employer. Doreen would also have ac- our colleagues on the other side of the Christmas—a delay from the Senate? cess to a number of different plans aisle might actually want to talk The bill in front of us provides a 3.4- through an exchange that we are set- about what is in the bill because right percent military pay increase. This is ting up where insurance companies, for now, instead of debating the merits of an All-Volunteer Force we have out the first time, would have to compete bringing down costs or protecting fami- there working for us. Many of them are for her business. Our plan would inject lies from losing the coverage when away from their families this Christ- competition into the insurance mar- they get sick, our colleagues are actu- mas. They do not want to hear that the ket, and we know that will lower costs ally spending time complaining this Senate is delaying passing this impor- and give families such as Doreen’s bill has too many pages. tant bill that will give them the secu- more choices. I ask the Presiding Officer and my rity they need because of political ob- Our plan also makes it illegal for in- colleagues on the other side of the aisle struction in order to delay a health surance companies to drop people when to take a look at this photo of Doreen care bill.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13362 CONGRESSIONAL RECORD — SENATE December 17, 2009 This Defense bill is critically impor- been shaped by 11 Presidents and ing it alive so we can continue—con- tant. It has very important support for countless Members of the House and tinue—to make this document what we our military and their families. It has Senate. It has taken a long and wind- want it to be. That is what we must do. passed through this Senate before, and ing path to reach this point. This legis- I yield the floor. we are ready now to make the final lation is a product of compromise and Mr. President, I suggest the absence trip to the White House, which needs to consensus, of give and take on both of a quorum. be done, by the way, by tomorrow. So sides. It is not perfect; by no means is The PRESIDING OFFICER. The I hope our colleagues will not continue it perfect. But here we stand. clerk will call the roll. The legislative clerk proceeded to to delay. I hope they will allow us to We have come further than any Con- gress in history on this issue. We have call the roll. move to final passage on this bill so Mr. KAUFMAN. Mr. President, I ask worked hard to craft a measure that our men and women who are serving us unanimous consent that the order for can accomplish the goals of reform in the military and around the globe the quorum call be rescinded. know there is a Senate who is working without alienating those whose support The PRESIDING OFFICER. Without for them. we need to pass this bill. Without a objection, it is so ordered. I have heard some of them on the commitment to certain ideals, this bill Mr. KAUFMAN. Mr. President, I other side complain that some things would be empty and ineffective. But speak today about the need for urgent were added to the Senate Defense bill— without a willingness to work together action on the Defense appropriations that also need to be done by the end of and achieve compromise, this bill can bill. I shouldn’t have to speak about the year, besides the Defense bill—such never become a political reality. urgent action on the Defense appro- as making sure our families, whose As responsible legislators, this is the priations bill because this is the one benefits are running out for unemploy- fine line we must always walk. It is area that is so important to the coun- ment, or COBRA for health care insur- never easy. I applaud my colleagues for try and on which we should always op- ance, get a 2-month extension. So the fine work they have done at every erate as quickly as we can. I urge my should our Christmas present to them step along the way. Still, not everyone colleagues on the other side of the aisle be: Sorry, you aren’t going to get your is satisfied, so the work goes on. It is to stop their attempts to derail the small little help as we end this year. the genius of our Founding Fathers and health care bill and allow the Defense We want to keep that going for another the rules of this body that allow one appropriations bill to move forward. 3 months during one of the worst eco- Senator to keep debate alive so we can As always, I respect that my col- nomic times we have seen. So, of work, debate, write, rewrite legislation leagues have different views. We have course, we put it in this bill. together. One Senator can do that different views on all kinds of issues. Because of the obstruction on the under the rules of this body. We have all kinds of substantive dif- other side, we can’t get it through in a Some have suggested that we kill ferences. I am one of the people in this timely fashion. It has to be done by the this legislation and start over. They body who believe there are basic dif- end of this year. We are doing the right suggest that we stop and come up with ferences, and a lot of them are not po- thing for our families. We are doing the something new. They say without per- litical, they are about basic differences right thing for our military by putting fection we should give up on reform al- that separate us from being Democrats it in this bill and getting it done and to together. and Republicans. We can disagree on the President so we can finish our I have spoken on the Senate floor, tactics and on principles, but I know work. Mr. President. You know what my po- my colleagues on the other side of the Mr. President, these are all critical sition has been. But giving up on this aisle support our troops, and the sup- issues. We are all tired. We have been issue is not an option. So as my col- port of our troops should never be a here day after day after day. It is time leagues and I continue to move forward partisan issue. to get this done. Let me tell you why. from here, I would like to make one This bill funds more than $100 billion Because Doreen and her husband are thing very clear. After 100 years of de- for operations, maintenance require- facing piles and piles of paperwork to bate, we have come too far and worked ments, and military personnel requirements for our armed action in Afghani- care for her husband. They are fighting too hard to turn back now. Too many stan and Iraq. It provides more than $23 their insurance company. And all we Americans are counting on us to make billion for equipment critical for pro- have to do is put these bills in front of a decision on their behalf. They need it tecting the brave men and women in us, get them done, and provide some re- now. They don’t need it tomorrow or next week or next month or next year uniform—and they are brave men and lief for America. I hope that is what we women and they deserve this. I know focus on, Mr. President. I hope we stop or never—they need it now. Killing the bill would ignore those who look to us the other side of the aisle agrees with the deny and delay and obstruction that. That is why we should move for help in their time of crisis. We can- that the Kelseys have had to fight with ahead on this bill. It funds more than not abandon them at this time. Leav- their insurance company. Let’s move $150 billion for the training of our ing tens of millions of people without these bills and go home to our families troops, critical to our success. It is in- any health coverage at all is also unac- for Christmas. cumbent upon the Congress to ensure Mr. President, I yield the floor. ceptable. that our troops in Afghanistan, Iraq, To all those who believe we should The PRESIDING OFFICER (Mr. and throughout the world have the re- kill this bill I would say this: I under- UDALL of New Mexico). The Senator sources they need to be safe, secure, from Illinois is recognized. stand their frustration, the impulse to and effective in the war zone. Mr. BURRIS. Mr. President, I also say enough is enough. But our vote in This bill has been operated and would like to make a few comments on this body on this bill is not the end of worked on by both parties. It puts our the issue that is pending before this a path for this sweeping legislation, troops first, with the necessary equip- body and which has been debated and only a door to the next step of con- ment and improved benefits for the debated and debated, discussed and dis- ference. military and their families. This isn’t cussed and discussed. It is time to I have not yet seen the details of the just about our troops; this is about the bring it to a meaningful and final con- legislation. I have not yet seen the brave men and women who remain at clusion. CBO score. I have not yet seen the pro- home, the families who need the bene- As I address this Chamber today, we visions that will earn my vote; namely, fits—again, issues I know my col- stand on the cusp of history. For many cost containment, competition, and ac- leagues on the other side of the aisle years, we have known that the Amer- countability. It is only through keep- agree with. They deserve our support ican health care system is badly bro- ing this legislation alive that we can and they deserve it now. ken. Now, after nearly a century of de- continue our work to make this a more In addition to providing a 3.4-percent bate, after 100 years of delay and false perfect document. I say we must con- pay increase for our troops, it also im- starts, this body is on the verge of lay- tinue to work on this document we proves military health care and re- ing the issue of health reform to a rest. have before us. We cannot kill this leg- search, including for the very impor- This bill represents the culmination islation and start over. We must keep tant psychological health, which is es- of decades of hard work. Its course has working through this legislation, keep- pecially important, given the startling

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13363 rates of post-traumatic stress disorder. FERA was passed in response to an can go out and commit fraud. It is a Everybody knows we must train and unprecedented financial crisis, but very complex process, but I commit the equip our troops, our men and women Americans should expect Congress to fraud. My chances of getting caught going into battle, but it is equally im- do more than simply react to crises are not that great, but even more, I portant—and everyone agrees with after their most destructive impacts have an added bonus that, if I get this, too—it is equally important to have already been felt. We owe it to caught, I will not get much of a pen- care for the troops and their families our constituents to identify and ad- alty. after they return home. That is what dress problems when they arise so we That is why we need to ensure these this bill does. can prevent disaster rather than just offenders are punished not only com- This bill is necessary, as it dem- trying to figure out how to clean up mensurate with the costs they impose onstrates solidarity with the troops after it happens. upon our health care system but also and gratitude for the sacrifices they In undertaking comprehensive health at a level that will offer a real deter- make on our behalf. It is an investment care reform, we must be proactive in rence. These folks believe they can en- in our military, in our security, and in combating health care fraud and abuse. gage in health care fraud and even if our future. That is why our House col- It is hard to believe, but each year they get caught they will not have leagues overwhelmingly agreed to it criminals drain between $72 billion and much of a penalty. Our amendment di- yesterday by a vote of 395 to 34 and $220 billion—that is billion dollars—be- rects changes in the sentencing guide- why we must end these partisan delays tween $72 billion and $220 billion from lines that, as a practical matter, to move this bill forward. private and public health care plans amount to between 20 and 50 percent It is critical we pass the bill, and through fraud, increasing the costs of for health care crooks stealing over $1 there is no good reason why our troops medical care and health insurance and million. In addition, the amendment updates and military families should have to undermining public trust in our health the definition of ‘‘health care fraud of- wait—especially in this holiday sea- care system. We not only lose the fense’’ in the Federal Criminal Code to son—while the other side of the aisle is money, we lose the trust people have playing politics. include violations of the antikickback for the system that the system works. statute, the Food, Drug, and Cosmetic I support conducting a real debate on We pay these costs as taxpayers and Act, and certain provisions of ERISA. Afghanistan with a host of other mili- through higher health insurance pre- tary issues, but the current debate is These changes will allow the full miums. This amendment will provide range of law enforcement tools to be not about substance, it is about poli- needed tools to reduce those costs tics. Our troops should come first and used against all health care fraud. through effective investigation, pros- The amendment also provides the De- they deserve better. We should pass ecution, and punishment of health care this bill without delay to give the mili- partment of Justice with subpoena au- fraud. thority for investigations conducted tary and their families the funding It is pretty clear that as we take they need to do their jobs and to pro- pursuant to the Civil Rights for Insti- steps to increase the number of Ameri- tutionalized Persons Act, also known tect our Nation. cans who are covered by health insur- Thank you. I yield the floor and sug- as CRIPA. ance and to improve the health care gest the absence of a quorum. It is hard to believe, but under cur- The PRESIDING OFFICER (Mr. system for everyone, we must also en- rent law the Department of Justice sure that law enforcement has the WEBB). The clerk will call the roll. must rely upon the cooperation of the The bill clerk proceeded to call the tools it needs to stop health care fraud. nursing homes, mental health institu- roll. The Finance and HELP Committees, tions, facilities for persons with dis- Mr. KAUFMAN. Mr. President, I ask as well as leadership, have worked long abilities, and residential schools for unanimous consent that the order for and hard to find ways to fight fraud children with disabilities that are the the quorum call be rescinded. and bend the cost curve down. They targets of CRIPA investigations. You The PRESIDING OFFICER. Without have done a great job. However, there can figure out that in most cases these objection, it is so ordered. is more work to be done, and this targets will cooperate, but sometimes Mr. KAUFMAN. Mr. President, I ask amendment is an important additional they may not. The current lack of sub- unanimous consent to speak as in step. poena authority puts vulnerable vic- morning business for 10 minutes. This amendment makes straight- tims at needless risk. The PRESIDING OFFICER. Without forward but critical improvements to Finally, the amendment corrects an objection, it is so ordered. the Federal Sentencing Guidelines, to apparent drafting error by providing HEALTH CARE FRAUD health care fraud statutes, and to for- that obstruction of criminal investiga- Mr. KAUFMAN. Mr. President, I rise feiture, money laundering, and ob- tions involving administrative sub- to discuss health care fraud. Earlier struction statutes, all of which would poenas under HIPPA—the Health In- this month, I introduced, along with strengthen prosecutors’ ability to com- surance Portability and Accountability Senators LEAHY, SPECTER, KOHL, SCHU- bat health care fraud. Act of 1996—should be treated in the same manner as obstruction of crimi- MER, and KLOBUCHAR, an amendment First, this amendment directs a sig- that will protect our increased na- nificant increase in the Federal Sen- nal investigations involving grand jury tional investment in the health of tencing Guidelines for large-scale subpoenas. As we consider and debate meaning- Americans by improving fraud enforce- health care fraud offenses. ful health care reform, we must ensure ment. Everyone believes in fraud en- It is really kind of strange, but de- criminals who engage in health care forcement, and this amendment does spite the enormous losses in many health care fraud cases, analysis from fraud, and those who think about doing that. so, understand two things: If they en- It is no secret fraud represents one of the U.S. Sentencing Commission sug- gage in health care fraud, they are the fastest growing and most costly gests that health care fraud offenders going to be faced with swift prosecu- often receive shorter sentences than forms of crime in America today. In no tion by more prosecutors and more other white-collar offenders in cases small part, our current economic crisis folks who enforce the law, and when can be linked to financial fraud, start- with similar loss amounts. So people they are found guilty, they will face ing with unchecked mortgage fraud basically feel you can do health care substantial punishment. generated by loan originators, through fraud and get away with it and you will These commonsense provisions securities fraud that hastened the not pay a major price. According to should be a central part of health care eventual market crash and maximized statements from cooperating health reform. I urge my colleagues to support its impact on Main Street and average care fraud defendants, many criminals this amendment. American investors. are drawn to health care fraud because I yield the floor. In response, this body passed the of this low risk-to-reward ratio. The PRESIDING OFFICER. The Sen- Fraud Enforcement Recovery Act, As we have an incredible expansion of ator from Texas is recognized. FERA, which directed critical re- health care that will go forward, with Mrs. HUTCHISON. Mr. President, I sources and tools to antifinancial fraud more funds, we know criminals out ask unanimous consent to speak as in efforts. there think this is easy. They think: I morning business for up to 10 minutes.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13364 CONGRESSIONAL RECORD — SENATE December 17, 2009 The PRESIDING OFFICER. Without We have a debt of $12 trillion in health care. It is what makes us dif- objection, it is so ordered. America right now. Those numbers are ferent from most other countries in the HEALTH CARE REFORM staggering. We used to be worried world—that we don’t have government Mrs. HUTCHISON. Mr. President, I about $12 billion, $15 billion, and $100 standing in the way and most of our rise today to speak about the health billion; now we are talking about tril- private plans don’t say: No, you can’t care bill that is pending. The Depart- lions of dollars. We are talking about have this treatment because you are ment of Defense bill is also pending. It $12 trillion in debt right now. The idea too old or you are not fit enough, or is the business we have on the floor that we would put $2.5 trillion more in having the government say: Here is today. I have no doubt that at the ap- this health care bill, which mandates who is qualified for this procedure. propriate time there will be a vote in taxes, to offset some of it, to busi- That is not the health care we have support of funding our troops. I know nesses, employers, and families, is un- known in America. that may come on Saturday after the thinkable. It is unthinkable in good We are for health care reform that time for debate has run out. times, but in the bad times we have lowers the cost of health care in our I want to talk about the health care now, it is absolutely unthinkable. Here country, and more people will have af- issue because it is the reason we have we are now talking about this bill that fordable options. There is a part of this been here for really most of the last will increase the debt and increase bill that could provide that. It doesn’t month—voting every Friday, Saturday, taxes and mandates. mean a government takeover. We don’t and Sunday—is to talk about the In talking with the people of Texas, I need a government takeover. That is health care bill, debate the health care did a little poll on the tele-townhall. I why you have all the taxes and man- bill, ensure the American people know said: Register in, punch 1 for yes, 2 for dates, because it will cost so much that what is in this health care bill, and en- no, and 3 for undecided. I asked: Do you taxes and mandates are the way the majority is putting forward to pay for sure people start looking at the effect support the bill that is before us today? this expensive government takeover. it is going to have on their businesses If you say yes, press 1; no, press 2. Why not have the health care ex- and their families. I can’t think of any- Eighty-one percent instantly started change without all the mandates so thing we have ever voted on in this registering against this bill. there would be a free market on the ex- I was listening to my colleague, Sen- body since I have been here that will change with no cost that would allow affect people’s lives in such a personal ator BARRASSO of Wyoming. He also people to have choices? The insurance way. had a tele-townhall meeting for Wyo- companies would come forward and I have tried to look at what is good ming. Many Senators are doing this there would be high-deductible plans in the bill, and then I look at what I now. He had a couple of thousand peo- for people who wanted high-deductible don’t like in the bill, and I have to say ple on the call. Ninety-three percent plans, and there would be low-deduct- the scale is very heavily tilted toward who registered on the poll were against ible plans that would be more expen- what I don’t like. this bill. My colleague from Nebraska, sive, but some people would prefer to In fact, I had a tele-townhall meet- Senator JOHANNS, said the polls in Ne- have that. You could make your ing, which is a new capability we have braska are overwhelmingly against choices among the plans that would be to talk to people. It is a wonderful way this bill. put on an exchange that would be open, to be able to reach out in your State to People are listening to the debate, transparent, and competitive. You people who are interested in asking reading the newspapers, getting every would have bigger risk pools and, questions and actually call them and bit of information they can, listening therefore, lower premiums would be let them ask their question. At all to the tele-townhall conference calls, the result. times during the tele-townhall I had they are asking their questions, and in Talking about what Republicans wish last night, there were over 6,000 people unprecedented numbers they are reg- to see in health care reform and asking who were in and out of that tele-town- istering their interest and their over- the majority if we could stop going hall meeting. I was very pleased be- whelming rejection of this bill. through every weekend with one vote cause every single question was a real I talked about what is in this bill and on Friday, one vote on Saturday, one question, a real person. One man who what we could have. Instead of $100 bil- vote on Sunday so that we are not able called is on kidney dialysis treatments. lion in new taxes, which would start to do anything with our families dur- He has very high drug costs and high next month, we could step back and ing this holiday season, instead why expenses. Then we had people on Medi- say we are not going to put new taxes don’t we step back and say we will care asking how the cuts in Medicare on businesses and families and compa- come back after Christmas or whenever would affect their treatment and their nies before the bill even takes effect. In the majority wishes to come back and care. Then we had small businesspeople fact, Senator THUNE and I had a motion say: Let’s sit down in a bipartisan way, who are scared to death of having more that was rejected on the floor. It was and let’s have three principles in a burdens, more taxes, and more man- tabled yesterday afternoon. It would health care reform bill. No. 1, we would dates on their small businesses. Some have done exactly that. Very simply, if lower the cost with the exchange, big- were almost screaming into the phone: the bill is going to pass, at least don’t ger risk pools, lower costs. No. 2, how But don’t people realize how hard it is start the taxes until there is some pro- about tax credits for every individual to make ends meet right now for small gram available that is as a result of the or family who would buy their own business? Don’t you all realize we are bill. It is very simple and clear. That policies because they don’t have access trying to stay afloat while we are in was our motion, and it was tabled, with through an employer or if they are one of the worst recessions of our life- only 41 Senators saying yes, so we lost going to go on this exchange that time? the motion. would not cost anything, they would be Of course, I assured them I do under- It is of great concern to us that the able to have a tax credit to buy their stand that. That is why I am trying to tax increases in this bill start next own health care coverage. That would amend this bill, trying to change it, month—we will have over $100 billion increase the number of people insured trying to encourage my colleagues on in new taxes starting next month—and in our country, much larger than we the other side of the aisle that we that the 40-percent excise tax on pre- are looking at today with a big govern- should really start over and try to have mium health care coverage policies ment-run plan, which is said to in- a health care reform bill that does takes effect in 2013 but the bill doesn’t crease the number of insured 31 mil- three basic things. take effect until 2014. lion, but leave 24 million uninsured. We We want a bill that actually lowers That is the bill we are debating could get 31 million with the free mar- the cost of health care. Right now, the today, which an overwhelming number ket working. bill before us will increase the cost of of American people are rejecting. They No. 3, what about medical mal- health care. The cost of the bill that is don’t want taxes, mandates, and they practice reform? We could take $54 bil- before us today, if you start with when don’t want the government to step be- lion out of the cost of health care by the bill takes effect, which is 2014, and tween them and their doctors. They having frivolous lawsuits curbed with you go 10 years out, you are looking at want the physician-patient relation- some kind of reasonable limits on dam- $2.5 trillion in costs. ship that is the hallmark of American ages or attorneys fees that would allow

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13365 people to get some compensation for a signed into law by the President, then tween now and Christmas to consider transgression, but not something that the real story is going to get out and this huge change—some might say rad- is going to raise the cost of premiums people will know. In the meantime, I ical change—in our health care system, so high for doctors and hospitals that wish that in the Senate we could have I am reminded of an oath that doctors they have to order more medical tests closed the doughnut hole. The dough- take called the Hippocratic oath, which and that raises the cost of health care nut hole is the gap in coverage for basically is, first, do no harm. In other across the board. Medicare recipients where they have to words, you don’t want to kill the pa- Those would be the principles we continue to pay premiums for Medicare tient when you are trying to cure them could support. Let’s start again after but they receive no drug coverage of cancer. You don’t want to disable a Christmastime and do a rational pro- whatsoever. patient, make their condition actually posal that the American people would Under current law, a Medicare bene- worse than trying to help them. I think accept. ficiary will pay up to $310 for their it would be advisable if Congress took The PRESIDING OFFICER. The Sen- drugs, which is the deductible, and a Hippocratic oath, and nowhere is ator’s time has expired. then they pay 25 percent of their drugs that more appropriate than when talk- Mrs. HUTCHISON. I yield the floor. up until they have paid out a total out ing about health care. The PRESIDING OFFICER. The Sen- of their pocket of $940. Above that, We ought to make sure whatever we ator from Florida. they hit the dread doughnut hole and do, we don’t make things worse. Yet Mr. NELSON of Florida. Mr. Presi- they continue to pay premiums, but the underlying health care bill, the dent, is it any wonder that people are they receive no help from Medicare for Reid bill, makes things worse. I will responding negatively when asked, Do their drugs all the way up to a much talk about that in detail. you support health care, when they higher level. There are 3.5 million peo- We all agree health care reform is have been bombarded with millions of ple who hit that dread doughnut hole. needed. Some of us have different ideas dollars of TV advertisements that are Each year, because of the formulas, about what reform should look like. We not telling what this health care bill the doughnut hole grows bigger and it know health care premiums have more does? is compounded by higher and rising than doubled in the last 10 years for Is it any wonder when they hear com- drug prices. We have seen that the American families and that health care ments such as this health care bill will pharmaceutical industry has raised costs typically rise at two or three not save the American consuming pub- their prices 9 percent. These out-of- times the rate of wage growth. We also lic on their health insurance pre- control increases in prescription costs know this is all unsustainable. We miums? What does it do? are hurting our folks and especially can’t keep doing what we are doing. Can you believe that it is not going seniors on fixed incomes. Republicans and Democrats agree on It is no secret that I wanted to fill to allow insurance companies to cancel the nature of the problem. The ques- the doughnut hole. It is not going to your policies? tion is, What is the cure? What are we happen. But what is going to happen Can you believe that it is not going going to do to make it better? Are we, when this gets into conference with the to let an insurance company come up perhaps, due to inadvertence or unin- House of Representatives—in fact, with some kind of fictitious excuse tended consequences, actually going to there has been a commitment by the that you have had a skin rash and, make things worse than they are now? majority leader, there has been a com- therefore, you have a preexisting con- The Reid bill, the health care bill mitment and a statement by AARP, dition and they are not going to insure that will be considered along with a which has a significant interest in this you? substitute that has been negotiated be- legislation, there was a pledge on this Can you believe that it is going to hind closed doors and which we haven’t floor by Senators REID, BAUCUS, and bring in 3l million new people who are seen, the basic Reid bill would actually DODD to close the doughnut hole. I sus- going to have health insurance who did increase premiums by $2,100 for Amer- pect that what has happened is, they not have health insurance before, and ican families purchasing insurance on have gotten the agreement of the phar- that all the rest of us paid for when their own. maceutical industry to help them close they showed up at the emergency I would like to recall the words of that doughnut hole once we get into room? President Obama as he was describing the conference committee with the Can you believe that this health care his bill. He said: bill is going to bring down the cost of House of Representatives. But first, we have to get the bill out I have made a solemn pledge that I will Medicare over the course of time and is sign a universal health care bill into law by going to save Medicare instead of Medi- of here. That means we have to stand the end of my first term as president that care running out of funds in about 6 or up and push back all of this nonsense will cover every American and cut the cost 7 years? and misinformation that is coming of a typical family’s premium by up to $2,500. Can you believe that by creating a about this bill. Yet this bill breaks President What does it do, to recapitulate. It health insurance exchange for the pri- Obama’s pledge because for an average lowers the cost of Medicare over time. vate marketplace for private health in- American family buying their insur- It gives a reduction of the Federal def- surance companies to compete for that ance on their own, it would raise their icit. It allows insurance for people who available exchange of people who want premiums by $2,100. According to the do not have it to be available and af- to buy health insurance there, it is CBO and the Joint Committee on Tax- fordable and they cannot cancel or use going to bring down their health insur- ation, all of the new taxes—the tax on some flimsy excuse to cancel. It will ance premiums from what they would health benefits, if you have so-called utilize the private marketplace in otherwise pay? Cadillac plans. I had three firefighters You probably say it is hard for me to which to make this happen. This is an from Texas in my office 2 days who believe that because of all the negative American story, and it is going to be said: Please don’t let them tax our I have heard. But that is exactly what an American success story. health care plans. We have negotiated Mr. President, I yield the floor. the experts tell us this bill is going to I suggest the absence of a quorum. those in lieu of wage increases. We ac- do. And, oh, by the way, it is going to The PRESIDING OFFICER. The cepted lower wages because we wanted do one more thing. Over 10 years, this clerk will call the roll. a better health care plan. Now you are bill is going to reduce the deficit by The bill clerk proceeded to call the going to tax our health care plan. That $130 billion. Can you believe that? Not roll. is just not right. if you have been listening to all the Mr. CORNYN. I ask unanimous con- We know those taxes on medical de- stuff that has been thrown around sent that the order for the quorum call vices, on health insurance, whatever about how bad the bill is. But that is be rescinded. they may be—on prescription drugs— the tactic. That is the tactic of ‘‘in The PRESIDING OFFICER (Mr. eventually will find their way back to your face,’’ ‘‘oh, ain’t it awful.’’ It is BEGICH). Without objection, it is so or- the consumer. It is sheer fantasy to time the real story gets out. dered. think these companies are just going You know what will happen? When Mr. CORNYN. Mr. President, as I to absorb those taxes and those cuts this bill is passed and it is finally contemplate the task ahead of us be- and they would not have an impact on

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13366 CONGRESSIONAL RECORD — SENATE December 17, 2009 the price to the consumer. That is why program was created in 1965. And lest The PRESIDING OFFICER. The Sen- rather than bending the cost curve we forget, Medicaid is a joint Federal- ator from Texas. down, making health care more afford- State program. By expanding the cov- Mr. CORNYN. Mr. President, I ask able, this will actually make it worse. erage of Medicaid, we are basically im- unanimous consent to speak for an ad- A new independent study by Oliver posing an unfunded mandate on the ditional 5 minutes. Wyman found that the Reid bill would States. The PRESIDING OFFICER. In my actually increase insurance premiums In my State, a State of 24 million capacity as a Senator from Alaska, I for people with insurance. Again, I people, this Medicaid expansion will re- object. thought the purpose of health care result in a $20 billion unfunded mandate Mr. CORNYN. Mr. President, may I form was to bring costs down through imposed on State taxpayers that the inquire of the Chair, is it the intent of managed care, medical homes, ac- Federal Government is not going to the Presiding Officer to prevent any countable care organizations, delivery help them out with, $20 billion over 10 Senator from speaking on the floor on reform, medical liability reform, parity years. this important bill? I am looking of tax treatment, increased competi- The American people intuitively around. I don’t see any other Senator tion across State lines. Those are the know all of this. A new Washington waiting to speak. I simply would like an explanation of the Chair’s ruling. kinds of things this bill does not do Post-ABC poll came out this week that The PRESIDING OFFICER. I release which would actually have some hope found that most Americans, 53 percent, believe Washington’s health care bill my objection. of bending the cost curve down for the Mr. CORNYN. Mr. President, the will actually increase their costs. average American family. Congressional Budget Office has said— This study by Oliver Wyman found Small businesses know this is true. Ac- this, of course, is the nonpartisan of- that the Reid bill would actually make cording to a letter I received from the fice which is tasked with the job of people’s insurance premiums go up. National Federation of Independent scoring or determining the cost of This study said premiums would go up Business: these bills before us—the CBO has by 54 percent—in my State of Texas, by The Patient Protection and Affordable opined that the Reid bill will result in 61 percent—for Americans purchasing Care Act, which is short on savings and long 90 percent of Americans seeing the health insurance on their own. In other on costs, is the wrong reform at the wrong time and will increase health care costs and same unsustainable premium increases words, it is not employer provided. as they currently do year after year or, They would have to go out in the mar- the cost of doing business. Why in the world would we impose in some cases, even higher. If we are ketplace, if you are a small business going to spend $2.5 trillion over 10 additional costs on small businesses at man or woman, and buy insurance or if years, if we are going to cut Medicare the same time we are trying to get you are an individual buying health in- by half a trillion dollars, if we are small businesses to create jobs to try surance, this will make your premiums going to raise taxes by another half a to get our economy to come back? We go up by 61 percent in Texas and 54 per- trillion just to have no impact for 90 cent across the Nation. So an average know that small businesses are the en- percent of Americans and for the oth- family of four in Houston would see gine of job creation. Now we are just ers to actually see premiums go up, it their premiums more than double to going to impose more costs, more high- strikes me that this is a solution in $1,352 a month. er premiums on them. What is that search of a problem. Is that the kind of health care reform going to do? That will discourage them The problem is, we know the pre- we thought we were signing on to when from keeping employees they have in a miums are too high, costs are too high, we engaged in this debate? It certainly tough economy and perhaps not hiring and we need a better answer than is isn’t what I call health reform. This is new people, when we want to do every- being proposed by the Reid bill. not what my constituents in Texas call thing we can to bring down the 10 per- The Congressional Budget Office esti- health reform, to double the premiums cent unemployment rate. mates that families who get their for an average family of four in Hous- In Houston, TX, according to one health care through small businesses ton. That just makes things worse. small business owner: or large employers will see their pre- Premiums could go up 20 percent high- The proposed health care bill is going to miums go up under this bill. The new er for small businesses struggling to have a negative impact on my business be- ideas we have seen offered by our cause the cost of employee health insurance provide benefits for their employees. friends on the other side are designed will go up. I don’t believe what some are say- to score political points but are not The worst part about this is that ing that the costs will go down. This bill these kinds of so-called reforms have aimed at solving problems. does not make economic commonsense. For example, one of our colleagues, been tried before. They failed miser- One thing about common sense is, as ably. For example, in New Jersey and the Senator from Arkansas, offered an you find out the older you get, it is not amendment to cap compensation for New York, both tried the kinds of man- too common. This bill simply defies dates, community ratings, guaranteed insurance executives and argued that it the explanation that some have given would actually lower premiums some- issue—these other things that sound a to it that it will actually make things little arcane but which have had the how miraculously. We asked the Con- better rather not worse. My constitu- gressional Budget Office whether that impact of skyrocketing premiums in ents, small business owners, everyone would have any impact on premiums. those States and causing insurance understands that the pressures put on It said the impact would be negligible. companies to leave the market. Rather premiums and costs is going to make So what is the point? than bearing these financial and regu- things worse. We have heard a lot about repealing latory burdens, many of them say: We Here is a chart that shows that from the antitrust exemption for health in- are out of here—leaving people with the time this bill is passed until 2016, surers. The CBO said while that may be less choice and higher premiums. we will see a huge increase in pre- a feel-good sort of provision, that it Then there is the Medicaid-Medicare miums for businesses and individuals would actually make premiums higher cost shift. For example, Medicare pays as well—large businesses, small busi- and make things worse. about 80 percent of what private insur- nesses, individuals. Americans know The CBO concluded that by enacting ance does to a doctor or a hospital, this is going to make an unsustainable the legislation, it would have no sig- Medicaid even less. So these providers status quo even worse. Yet the Presi- nificant impact on the premiums that have to make it up somewhere else. dent and the majority—— private insurers would charge for What they end up doing is charging The PRESIDING OFFICER. The time health insurance. They also noted that more to people with insurance. That is of the Senator has expired. to the extent insurers would become what the cost shift is all about. Ac- Mr. CORNYN. I ask unanimous con- subjected to additional litigation, their cording to one study, that cost shift sent for an additional 2 minutes. costs and their premiums charged to means higher premiums of about $1,800 The PRESIDING OFFICER. In my consumers might increase. a year for the average family. About capacity as a Senator from Alaska, I We have also heard from some of our half of that comes from Medicaid object. colleagues about their cost contain- alone. Yet the Reid bill includes the Mr. CORNYN. I thank the Senator ment ideas, a group of Democratic Sen- biggest expansion of Medicaid since the for his courtesy. ators who offered an amendment. I

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13367 think it does have some good ideas in tainability, this incredible program— ica because they are facing situations it, but it only saves $200 million, not an and the security it means for seniors in which they have not faced before? Peo- insignificant amount of money, but in my State of West Virginia and in the ple do not have work; people have anx- a $2.5 trillion bill? Presiding Officer’s State of Alaska and iety over all kinds of subjects; they So the bottom line is, this bill spends people everywhere; and the disabled, have anxiety over health care, and $2.5 trillion to increase premiums or, at who are, unfortunately, often forgot- they should have anxiety over health best, maintain the status quo. That is ten—it will be in tremendous danger. care because, particularly if you are a not health care reform. We should re- We cannot allow that to happen. senior, the Medicare trust fund is run- ject this bill and start over with a step- So what does this amendment do? If ning out on us. by-step approach that will actually we are serious about protecting Medi- So the only way you can do that, in solve the problems confronting the care’s future, we have to be serious my judgment, is to get away from fee American people. how we handle Medicare, how we allo- for service; that is, you provide the We should not accept, no matter cate it, and use it as a reimbursement service, and whatever it is, I will pay what the crush is before the Christmas and quality tool. So this amendment you the fee. It is simple. It is what we holidays—these last 8 days of this includes a number of changes to do ex- have used. It is what has gotten us in year—we should not accept a bill that actly that. trouble because we do not insist upon experts making these decisions and on cuts $1⁄2 trillion from Medicare, which The most important change: This cuts benefits from Medicare Advantage amendment eliminates a significant demanding evidence-based outcomes in beneficiaries—one-half million of loophole in the underlying bill; that is, the way hospitals, doctors, and others whom live in Texas; there are 11 mil- it eliminates the carve-out which was are reimbursed under Medicare. Medi- lion total—we should not accept a bill created by some for hospitals and other care is taxpayers’ money. It is not a frivolous matter. that raises premiums for many Ameri- providers. I repeat, it eliminates the As was the intent of my original pol- carve-out. cans, and we should not accept a bill icy, it is time to change the equation The carve-out now comprises about that puts crushing new taxes on small and put expert evidence and advice at 60 percent of all Medicare. So it is a businesses when unemployment is at 10 the forefront of health care decision- sham. It has to go or else Medicare is percent. making. It is time to take the special in deep trouble. I wish to talk about I yield the floor and I suggest the ab- interests out of the process and create this a little bit. sence of a quorum. an independent, politically insulated We protect the board’s integrity. In The PRESIDING OFFICER. The entity with its sole job to be to protect fact, we give the board integrity and clerk will call the roll. Medicare’s long-term quality and sol- The legislative clerk proceeded to we give them authority. Congress, vency. I am sure many will come and call the roll. right now, has the sole authority to object to that, saying we should do Mr. ROCKEFELLER. Mr. President, I change Medicare’s cost curve. Yet as that in Congress, but I repeat: Is Con- ask unanimous consent that the order the ranks of lobbyists grow and prey gress qualified? Does it have the for the quorum call be rescinded. upon Members of the House and Sen- knowledge to the depth that it can The PRESIDING OFFICER. Without ate—it is amazing the relationship be- make a decision on how much pro- objection, it is so ordered. tween how the cost of Medicare grows viders should be reimbursed? My an- Mr. ROCKEFELLER. Mr. President, I and their activities. rise with my colleagues, Senator Let’s be quite honest about it. This is swer is some do, most don’t and, therefore, the cost of Medicare keeps rising LIEBERMAN and Senator WHITEHOUSE— not a politic thing to say, but it is the who are on their way to the Chamber— truth. Probably about 12 percent of the and the system is more endangered. I have no doubt that a strong inde- to discuss an amendment to strengthen Congress understands health care down pendent Medicare advisory board would and improve the independent Medicare to the wee depth that is needed to be be a powerful cornerstone for meaning- advisory board included in the under- able to decide on the reimbursement ful health reform in all of the right di- lying bill. procedures, the quality outcomes pro- rections, but if we want the board to I firmly believe creating an inde- cedures, which we use to reimburse succeed, it needs the tools for both pendent authority to help Congress Medicare providers. This means we Medicare reform and genuine private make informed decisions about reim- have made a lot of mistakes, the cost sector cost containment. bursing Medicare, getting away from a of Medicare has gone out of control, Congress cannot do this on its own. fee-for-service system, and making it and we provide Medicare reimburse- We have proven ourselves incapable of based upon the cost which is incurred— ment unevenly and unfairly. People making efficient, consistent decisions but also the quality which now has to complain when they should not; do not about Medicare’s future, which now be required: evidence-based outcomes— complain when they should. amounts to a crisis. We cannot con- that is the direction Medicare, all of You have to understand, Medicare is tinue standing in the way of progress. I health care, has to go. such a powerful force it drives prices urge my colleagues to join me in sup- These are not just cost decisions but and it drives policies in health care for port of this truly transformative pol- quality decisions. I think it is critical years and years to come all across the icy. to sustaining our program and the span of health care. It is the elephant I simply repeat: If we are going to promise we made to millions of seniors in the room. make it in health care, if we are going that we would do right by them and Power represents an opportunity. to make it in Medicare, if we are going still keep Medicare affordable, keep the Medicare’s force and clout can also be to preserve the trust fund, we have to trust fund solvent. It is meant to go harnessed in a direction to improve our change the way we do business. People broke in 2017. That does not help hos- health care system, improve efficiency. may not like that. People will com- pitals, doctors, Medicare beneficiaries, That is why I am adamantly opposed to plain about it. People will complain if or anybody else. So we have to keep the carve-out for hospitals and other we do nothing. People will complain if that in mind as we talk about this providers because it weaves special-in- we do everything. People complain. issue. terest treatment into the very fabric of That is the nature of it. That doesn’t I applaud Leader REID for his bold a board created to remove them from matter. What matters is that we do the leadership in including this advisory the process. right thing; that we bend the cost board in his underlying bill. It is a very MedPAC was created by a Republican curve by making accurate decisions; strong step forward. Congress in 1997. It, in theory, decides that we are tough in our decision- In their May report this year, the how Medicare reimbursement is going making; and that is what this board— Medicare trustees determined, if we do to be updated on an annual basis. The and Congress will have a chance to re- nothing, the Medicare trust fund will fact is, it has no power to do any such view it but cannot override it except by basically go insolvent in 2017. In health thing. That has to be changed. a very substantial vote—and that is care terms, that is like next February. Is this a significant change? Yes, it what the Medicare advisory board is all It is abundantly clear if we fail to is. Is it just like people changing their about. It is the answer to Medicare’s put Medicare on a path of fiscal sus- lives in various ways all across Amer- future, in this Senator’s judgment.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00025 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13368 CONGRESSIONAL RECORD — SENATE December 17, 2009 The security this policy provides for to file this amendment: The Medicare held a hearing on efforts to establish a our seniors is too important. We need trust fund, which provides Medicare commission to begin to turn around to fight for them, always. We need to benefits to approximately 37 million the exploding national debt we have. protect them. We need to protect the senior Americans that they depend on, Part of the reason we do that and part solvency of the trust fund, and we need that they have depended on in a way of the reason this independent board to make sure seniors are getting the that has helped to extend their lives as outside of Congress is being created is best possible care. The day has ended average life expectancy goes up, the that we haven’t proven ourselves capa- when people can submit a bill and say: Medicare trust fund is expected to be ble of controlling costs because we find I did this and, therefore, pay me that. insolvent, out of money, bankrupt, by it a lot easier to say yes to people, for That is our system now. It is the wrong 2017—unable to pay the bills by 2017. good reasons, for humane reasons, but system. It has gotten us into trouble. That is 8 years from now. It is to pre- don’t find it so easy to pay for the re- It is not good for health care, and it is vent that unacceptable result that my sulting costs of our affirmative an- very bad for the solvency of the trust colleagues and I come forth to file this swers to their requests. fund. amendment to make sure that by The CBO has estimated that the advi- I see my distinguished colleague Sen- then—we have done a lot of things, but sory board in the current bill will save ator LIEBERMAN has arrived. He and I one of them is to make the delivery of $23 billion in the next 10 years. The have been working on this for some health care more efficient, the delivery Obama administration and dozens of time together, I am proud to say. of health care to seniors through Medi- respected economists have said that I thank the Chair. I say to my col- care more efficient, so they can look the creation of this board is instru- leagues the full text of the amendment, forward with confidence to having mental in lowering costs and literally No. 3240, is printed in the RECORD of Medicare coverage throughout the rest saving Medicare from bankruptcy. The Tuesday, December 15. of their lives. amendment I have filed with Senators The PRESIDING OFFICER (Mr. As we all know, it is not just the ones ROCKEFELLER and WHITEHOUSE, I am FRANKEN). The Senator from Con- on Medicare now; the baby boomers are convinced—certainly our intention is necticut is recognized. coming of age to get on Medicare, and to make this independent board strong- Mr. LIEBERMAN. I thank the Chair. that will add enormously to its respon- er so it will result in larger savings and Mr. President, I am honored to stand sibilities. contain more costs over the long run. and speak on behalf of this amendment I would say that Senators REID, BAU- There are six provisions in the which I have filed with Senator ROCKE- CUS, DODD, and HARKIN did a superb amendment that I want to denote, de- FELLER and Senator WHITEHOUSE, and I job, a very good job, with the Patient scribe briefly. First, this amendment thank them for their leadership. Protection and Affordable Care Act, will extend the board’s authority to I wish to speak for a few moments the underlying bill, to reduce health cover hospitals and hospices; sensitive, about it. It is not a noncontroversial care spending and particularly to do so I know, but the board must have the amendment, but I think it redeems one while expanding coverage for 30 million authority to consider the entire of the two central promises or goals of more Americans, which is the second breadth of Medicare expenditures in this bill. The fact is that a lot of the great goal that I believe we all share. making its recommendations to Con- current health care reform debate in While these numbers are encouraging, gress to maximize savings for the gov- fact is focused on issues that are not Senators Rockefeller, Whitehouse, and ernment, for taxpayers and, most of central to two big goals that I think I think we can and should do more, and all, for the beneficiaries of Medicare so most of us share, which are, first, to that is the cost containment numbers. the program is still there to help them. expand the number of people who have My colleagues introduced earlier this Second, our amendment makes it health insurance coverage in our coun- year the MedPAC Reform Act, which easier for the board to make rec- try; secondly, to lower the costs, be- created an independent authority, a ommendations in the years beyond 2019 cause the costs continue to go up way separate nonpartisan body, to make than the underlying bill does so that it beyond the rate of general inflation in critical health care cost decisions or can continue to monitor Medicare over our country, and that has a very bur- make recommendations about them. In the longer term and ensure its long- densome effect on millions of individ- the current Senate health care reform term solvency. We want those on Medi- uals, families, businesses, our govern- bill, their idea appears centrally as the care now, and those coming on Medi- ment—indeed, our entire economy. independent Medicare advisory board. care, to be able to depend on it over the This amendment focuses on the sec- It will bring together a panel of experts course of their lives. ond of those two big shared goals, whose mission it will be to extend the Third, this amendment will raise the which is containing the increases in solvency of the Medicare trust fund by amount of savings the board must meet health care costs. It has become a seeking out new efficiencies, new cost in years where Medicare growth ex- mantra around here—but it is never containments, and improving the qual- ceeds the target growth rate set in the bad to repeat a mantra—which is that ity of care delivered by Medicare in the law, in the proposal. national health expenditures in our private sector. The board will have the Fourth, we move up the time of im- country are now well over $2 trillion. It authority to make recommendations to plementation of the board’s rec- is hard to imagine that amount of the President and Congress to reduce ommendations by 2 months to mini- money, but let me try to get inside it. Medicare spending in particular ways. mize, frankly, the influence of interest We spend twice as much per person Those recommendations will be fast groups who will be in the normal on health care as the average developed tracked through Congress with strict course of the process fighting to stop country in the world, but I am afraid requirements for the committees of ju- these cost-effective recommendations. we are not receiving as a country the risdiction to review them, report the Fifth, the amendment allows the best value for our health care spending. recommendations to the full Congress, board to offer recommendations in The fact is that the United States pro- and then be subject, those rec- years where the Medicare growth rate vides some of the best health care in ommendations, to limited floor debate, does not outpace the target growth the world, but we don’t provide it to all limited by the underlying legislation. rate. The goal of this provision is to be of our people and we don’t provide it ef- If Congress does not pass the advisory clear that the purpose of the board is ficiently. Medicare and Medicaid ac- board’s recommendations or adopt not just to contain costs beyond a cer- count for over 20 percent of the Federal other proposals that produce an equiv- tain standard but also to search out budget and over 27 percent of national alent amount of savings, the Secretary constantly for inefficiencies, for waste, health expenditures. These two proof Health and Human Services will be for the expenditure of Medicare dollars grams are expected to rise to equal 20 required to implement the board’s that is not actually benefiting Medi- percent or one-fifth of our gross domes- original recommendations. care recipients. tic product by 2050. As Senator ROCKEFELLER said—this Finally, our amendment clarifies Here is the animating, motivating is the second time today I have said that the purpose of the board is not fact that brings Senator ROCKEFELLER, this—earlier today the Homeland Secu- just to contain costs within Medicare Senator WHITEHOUSE, and me together rity Governmental Affairs Committee but to look more broadly at health

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Mr. President, I O’Neill. friends, Senators ROCKEFELLER and know the Senators have been waiting By this method, you save money by WHITEHOUSE, to announce the filing of longer than I have. It is a personal improving the quality and efficiency of our amendment. These six provisions courtesy from them to me to allow me care; by tackling the multiple sources will make this advisory board stronger to join Senator ROCKEFELLER and Sen- of waste and inefficiency in the system; and reduce costs. ator LIEBERMAN as a cosponsor and by improving quality and access to While we disagree on some aspects of have our remarks follow in series. I am care and giving doctors, hospitals, em- health care reform, I hope we can agree grateful to both of them. ployers, and employees all the correct across party lines that health care I am here to speak in support of the financial incentives to adopt healthy, spending is out of control, and that we amendment offered by Senators ROCKE- cost-saving, efficient practices. The can contain it in a way that doesn’t FELLER, LIEBERMAN, and myself, which complexity of getting those incentives threaten access or benefits. We must would strengthen the provisions of the right, aligned with top-flight health preserve and extend Medicare for fu- reform bill creating a nonpartisan care, versus the power of the interest ture generations, and we must ensure group of experts to put the brakes on groups that are involved, has histori- that the new private market we are out-of-control medical spending. cally paralyzed Congress. creating in health care reform is one One of the first things we can count History teaches that the significant where health care quality and effi- on in terms of this amendment being national dialog and debate we are now ciency justifies the cost. one to protect Medicare beneficiaries is having about health care is a momen- The PRESIDING OFFICER. The Sen- that the prime sponsor is Senator tary exception rather than the general ator has spoken for 10 minutes. ROCKEFELLER, a man who has dedicated rule. It is possible this debate will Mr. LIEBERMAN. I wonder if I could his career since long before I was usher in a sustained period of focus on ask unanimous consent for an addi- here—even during his days in West Vir- health reform, but the steepening fall tional moment. ginia—to looking out for seniors and of our health care system toward ca- The PRESIDING OFFICER. In my for the disabled and, since he has been tastrophe should counsel us to protect capacity as a Senator from Minnesota, in the Senate, looking out for Medi- against that congressional institu- I object. care. That is a credential that deserves tional paralysis. Mr. LIEBERMAN. Really. OK. I great respect with respect to this This independent, nonpartisan board won’t take it personally. amendment. of experts to help control costs in a I thank the Chair. One of the most persistent concerns way that is smart, humane, and not all The PRESIDING OFFICER. The Sen- in this health care debate is, of course, politics, is important. The independent ator from Arizona. cost control. I have spoken many times Medicare advisory board will force Mr. MCCAIN. Mr. President, I ask on the floor about the overriding im- Congress to act by issuing rec- unanimous consent that the Senator portance of cost containment for the ommendations to reduce cost and in- from Rhode Island be recognized for 10 future of health care and especially the crease efficiency that will automati- minutes followed by the Senator from need for innovative delivery system re- cally go into effect if Congress does Michigan, the distinguished chairman forms, which can be driven by the way what we so often do around here—noth- of the Armed Services Committee who you pay providers. ing. If Congress can agree to different will be speaking on the bill, and that I Our Republican attackers complain ideas, it can change the board’s rec- be recognized to follow him. that Democrats on the bill are just ommendations, but we still have to re- The PRESIDING OFFICER. Is there doing more of our usual taxing and duce Medicare costs by a minimum objection? spending and that we won’t impose any savings target. In other words, the Mr. LEVIN. No objection. I assume discipline on the system. Mr. Presi- board will force Congress to engage that is for 10 minutes each? dent, as somebody who has worked for thoughtfully and for the public good on The PRESIDING OFFICER. Is that years on health care delivery system the most important fiscal and health for 10 minutes each? reform, I can tell you that is simply issue our Nation faces. Mr. MCCAIN. Yes. I have been around not true. This bill undertakes the most Senator ROCKEFELLER’s amendment here 20-some years. It is the first time comprehensive redesign of our chaotic, strengthens this board in several im- I have ever seen a Member denied an wasteful system ever attempted. portant ways: It expands the cir- extra minute or two to finish his re- One leading health economist and ex- cumstances in which the board’s rec- marks. I must say that I don’t know pert in cost containment, MIT pro- ommendations go into effect when Con- what is happening here in this body, fessor Jonathan Gruber, recently wrote gress does nothing. It raises the max- but I think it is wrong. of the Senate Democrats’ efforts in this imum level of savings that the board’s It is fine with me that it be 10 min- bill that he couldn’t ‘‘think of a thing recommendations must achieve. It en- utes. to try that they didn’t try. They really sures all providers of health care serv- I will tell you, I have never seen a made the best effort anyone has ever ices, including large hospitals, are Member denied an extra minute or so, made. Everything is in here. . . . You equally responsible for bringing down as the Chair just did. couldn’t have done better than they Medicare costs. It empowers the board Mr. LEVIN. If the Senator will yield, are doing.’’ to issue recommendations for improv- I don’t object to the unanimous con- Many critics talk about cost control ing Medicare over the long term, even sent request on that condition. I think as if it were just a matter of political in years where spending is under con- the same occurred earlier this after- will, that Congress can come here and trol. noon for reasons that have to do with cut costs by flipping a switch. Well, My colleagues on the other side of trying to get this bill going. that may be true if you want to cut the aisle have depicted the board as a Mr. MCCAIN. I haven’t seen it before. benefits for the elderly and disabled or frightening, Orwellian, all-powerful I don’t like it, and I think it harms the if you want to throw the elderly and dictator that will cut Medicare bene- comity of the Senate not to allow a disabled off of coverage or if you want fits. Hogwash. The bill specifically pro- Member at least a minute. I am sure to pay doctors even less for treating hibits the board from doing anything the time is urgent, but I doubt if it is Medicare patients. But those would be to increase premiums, ration care, re- that urgent. brutal, callous cuts that would create strict benefits, or modify eligibility. I renew my unanimous consent that human misery and suffering. Better to The facts no longer seem to matter the Senator from Rhode Island be rec- tackle the waste in the system, the to our friends on the other side. They ognized for 10 minutes, the Senator $700 billion annually in excess costs have called this group the ‘‘rationing

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The interdiction activities in Afghanistan, You are entitled to your own opin- faster we can get the advanced MRAPs so $300 million in this bill is going to ion—and we all have one—but not your to the field in Afghanistan, the more do that. own facts. we can get to the field in Afghanistan, We have a fund called the Com- It is actually that kind of dema- the fewer Americans are going to be mander’s Emergency Response Pro- goguery about Medicare that proves killed in Afghanistan. So we have funds gram or CERP. That fund has been the case for creating the board. in here—more than actually were re- used to great advantage. This bill pro- Thoughtful, smart, technically expert quested—to send over 6,600 new MRAP vides $1.2 billion for that Commander’s people under congressional oversight vehicles, all-terrain vehicles that can Emergency Response Program; $1 bil- but protected from these partisan function better there than the ones we lion of that is for that program in Af- spasms of congressional vitriol, pas- sent to Iraq. These all-terrain vehicles ghanistan and $200 million of the CERP sion, and folly will make careful and have been designed and developed in program in Iraq. This represents about consistent decisions for all of our bene- record time in order to get them to our twice as much CERP funding for Af- fits, without diminishing the power of troops. We should be acting in record ghanistan as we had in fiscal year 2009. Those CERP funds are able to provide the American people and their elected time on this appropriations bill, and very quickly support and economic de- representatives, so that we can pre- there are many reasons for that. Sure- velopment village by village. Our com- serve and protect Medicare. ly, getting more MRAPs more quickly manders are able, without going I urge my colleagues to support Sen- into the field is one of those reasons. ator ROCKEFELLER’s amendment, in We have an organization called the through a whole lot of red tape, to which Senator LIEBERMAN and I have Joint IED Defeat Organization whose make relatively small investments in so proudly joined him. sole purpose and mission is to come up things which make a difference, in terms of the security of our troops and I yield the floor with my thanks to with the strategies and technologies to the betterment of the lives of the Af- the Senator from Michigan for being so defeat these IEDs, these improvised ex- ghans. It has had a huge, positive im- gracious in allowing me to join my col- plosive devices that are killing our pact in terms of the perception of the leagues in sequence on the bill. troops. In order to defeat these devices The PRESIDING OFFICER. The Sen- Afghan community about us, satisfying or train our troops who are deployed ator from Michigan is recognized. them that we are there for their ben- there in how to identify and protect Mr. LEVIN. Mr. President, I wish to efit, not just for our benefit. We are themselves against IEDs, we have $1.8 speak for the few minutes we have this not occupying Afghanistan. When we billion in this appropriations bill for afternoon in support of the appropria- leave Afghanistan, we want to leave that organization. They have a laser tions bill that is before us, the Defense Afghanistan in better shape than we appropriations bill. mission to defeat the IEDs. We have to found it. The CERP funds are a major Senator MCCAIN and I and other get this money to them. contribution to that goal. members of the Armed Services Com- This bill needs to be signed. The One of the things we have authorized President has to sign it—and he will— mittee have spent a lot of time each in the bill, which Senator MCCAIN and year authorizing important programs so we can get these funds as quickly as I and members of the Armed Services to support our troops, protect our possible to our troops. We need to Committee have brought to this body, troops, and support their families in a adopt this appropriations bill. was adopted by this body, and signed We have pay raises and health pro- whole host of ways. Hopefully, it will into law, was the authorization to use grams in the bill. We add $1.3 billion authorize funds that can help us suc- those CERP funds to help reintegrate, ceed in Afghanistan and Iraq. That bill more than the President requested for where we can, Afghan Taliban fighters is now law, and in front of us is an ap- the Defense Health Program. This cov- into Afghan society—those who will re- propriations bill that contains most of ers shortfalls in private sector care, in- nounce violence against the Govern- those same provisions—not all but creases funds for medical research, in- ment of Afghanistan and make a com- most of the same provisions. cluding what is called TBI, which are mitment to participate in civilian life. It is critically important that this the brain injuries, as well as PTSD, We are able to actually have the funds appropriations bill be passed. There are which has so afflicted our troops in that are so essential to make that pro- differences in this body and between these wars. We add additional funds for gram work. We do not yet have a pro- this body and the House of Representa- those programs. The quicker the bill is gram in place. That is being worked on tives about the policies that are in- signed, the faster those funds get ap- as we speak. But these funds need to be volved in the war in Afghanistan and propriated and spent, the better off our available to support that program of the war in Iraq. That is normal. That is wounded warriors who suffer from TBI reintegration of Afghans, those low- the way it should be. We can have and from psychological health prob- level Taliban people who are with the democratic debates inside this great lems are going to be. Taliban not for any ideological reason democracy of ours. We don’t have to In Afghanistan now, one of the key but because they get some pay from agree, and we don’t on many of the issues is going to be whether we can the Taliban. Not all the members of policies involved in these two war ef- get the Afghan troops trained quickly the Taliban fall into that category. But forts. Where I believe this body is enough, supported quickly enough, for the ones who do, this funding be- unanimous is that we are determined given the equipment they need so they, comes critical. to support our troops when they are in hopefully earlier rather than later, can Mr. President, I will only take a few the field regardless of whether we agree join with us, partner with us, and take minutes more, but I did want to high- with the particular strategy they are responsibility for their own security. light a few additional points that I be- supporting or whether we happen to Regardless of people’s differences over lieve my colleagues should know about. have supported their mission. the policies and strategies in Afghani- The first area pertains to three ini- It has been the tradition of the Con- stan, I believe there is a consensus in tiatives that originated in the Defense gress, once a decision has been demo- this body—no matter what the vote authorization bill that relate to the cratically arrived at to send troops to ends up being on the bill, whether peo- continuing fight against al-Qaida and the field, that we support those troops. ple vote for the bill or against the bill, associated terrorist organizations. This appropriations bill has critically I would think all of us believe we must The bill includes nearly all of the $1.6 important provisions in it to support quickly provide funds to train, support, billion the administration requested our troops. I believe there is unanimity and sustain the Afghan security forces. for the coalition support fund, which is and consensus in this body on those We want to fund that effort in this bill used to reimburse key partner nations, provisions. I will focus on a few of at $6.6 billion. particularly Pakistan, for support pro- those provisions. Counternarcotics in Afghanistan. We vided to the United States in Operation We have added significant funds. One all know the narcotics industry in Af- Enduring Freedom and Overseas Con- example is the so-called Mine Resist- ghanistan is being used to support the tingency Operations.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13371 It includes $350 million in fiscal year in wasteful earmarks again have found They are aware we are spending $7.6 2010, the full amount authorized, for their way into this bill which could million to fund research in Montana on the train and equip program to build otherwise be spent for the priorities hypersonic wind tunnels, called the capacity of foreign militaries to that our men and women, our military MARIAH. This self-licking ice cream conduct counterterrorism operations leaders, as well as the Secretary of De- cone has been earmarked and and support military or stabilization fense, has asked for. unrequested since 1998. The Air Force operations in which the U.S. partici- There is in this bill—here we go lost interest in 2004, so the appropri- pates. As clarified in the fiscal year again: an appropriations bill loaded up ators moved it to the Army. The Army 2010 NDAA, this authority can be used with earmarks—a 523-page explanatory has no requirement for this capability to build the capacity of ISAF coalition statement for 1,720 earmarks totaling and published a report in 2005 stating partners to prepare their training $4.3 billion. Let’s do some simple math: their disinterest in the program. In teams and special operations forces to $4.3 billion in pork, $2.5 billion in unau- summary, we spent $70 million for be available for use in Afghanistan. thorized and unrequested C–17s; $500 some hypersonic wind tunnels nobody The bill also provides the full $100 million in unrequested and unwanted wants—$70 million. Unless we demand million authorized for the authority to funding for the Joint Strike Fighter al- and receive change, there will be more transfer funds from DOD to the State ternative engine; and a Presidential millions in it next year. Department to support State’s security helicopter. That is $7.3 billion that nei- There is $5 million going to the bat- and stabilization assistance programs. ther the military nor the Defense De- tleship USS Missouri Memorial Asso- The other area pertains to missile department requested and does not ciation; $18.9 million for a center at the fense. need—$7.3 billion. University of Massachusetts ‘‘dedi- The bill before us provides important Some people say that is not a lot of cated to educating the general public, funding for ballistic missile defense money. It is enough to keep the State students, teachers, new Senators, and programs. It supports the decisions of Arizonas budget requirements ful- Senate staff about the role and impor- made by Secretary Gates and President filled for 10 months. States across tance of the Senate.’’ What does that Obama to restructure the missile de- America are facing great difficulties, have to do with defending this Nation? fense program with a greater focus on as we know, and an additional $7.3 bil- What does that have to do with pro- regional missile defense against exist- lion would not be so bad. viding the men and women who are ing missile threats. These changes in- I wish to say, again, this process of risking their lives, as we speak, with clude the termination of the Multiple earmarking breeds corruption. That is the equipment they need? Madam Kill Vehicle Program and the Kinetic why we have former Members of Con- President, $18.9 million to educate the Energy Interceptor Program, and can- gress in Federal prison. It was not in- public about the importance of the cel procurement of additional airborne adequate disclosure requirements that Senate? Give me a break. laser aircraft. This defense appropria- led Duke Cunningham to violate his There is $9.5 million going to the tions act also supports the decision to oath of office and take $2.5 million in University of Hawaii for a program cap deployment of the ground-based bribes in exchange for doling out $70 called the Panoramic Survey Telescope midcourse defense system at 30 oper- million to $80 million of the taxpayers’ and Raid Response System. The list ational ground-based interceptors in funds to a defense contractor. It was goes on and on. The Air Force is paying Alaska and California, rather than the his ability to freely earmark taxpayer for this, and the Air Force will not be 44 previously planned for deployment. funds without question. allowed to be getting much in return, The bill supports funding for alter- I wish to point out, again, the Presi- since it will only be allowed to use the native missile defense systems in Eu- dent pledged during the campaign he telescope 5 percent of the time. In rope, to defend against current and fu- would work to eliminate earmarks. other words, in dollar figures, the Air ture Iranian ballistic missiles. The President, last March, when we Force pays $10 million to the univer- It also includes an additional $57 mil- had an omnibus spending bill, said they sity and receives $500,000 in return. lion, above the budget request of $169 would not do it anymore. In Sep- What is more, the Air Force has not, million, to procure more standard Mis- tember, the President spoke in Phoe- in the 9-year life of this earmark, re- sile-3 interceptors for our Aegis bal- nix, AZ, to the Veterans of Foreign quested a single dollar for this pro- listic missile defense system. This type Wars. In that speech, the President’s gram. Since 2001, the Air Force has of interceptor will be at the heart of words were quite compelling about been forced to spend more than $75 mil- the new missile defense plan for Eu- waste and porkbarrel spending in De- lion of its budget allocation on a pro- rope. The amendment also provides the fense bills. In that speech, the Presi- gram it does not want. full $1.1 billion requested for the ter- dent promised—promised—an end to I ask unanimous consent to have minal high altitude area defense, ‘‘special interests and their exotic printed in the RECORD these other THAAD, system, which is another key projects’’ and reaffirmed he was lead- porkbarrel earmark programs, such as element of our regional missile defense ing the charge to kill off programs $1.2 million for the American Museum capabilities. such as the F–22, the second engine for of Natural History Infectious Disease I believe my 10 minutes is up. I thank the Joint Strike Fighter, and the out- Research. my good friend from Arizona, Senator rageously expensive Presidential heli- There being no objection, the mate- MCCAIN, for allowing me to go first. copter. rial was ordered to be printed in the The order of priority was that he go The President went on to say: RECORD, as follows: immediately after someone speaking If a project doesn’t support our troops, we $7.6 million to fund research in Montana on on this side. But as always, his cour- will not fund it. If a system doesn’t perform hypersonic wind tunnels, called MARIAH. tesy shines through to me, and I very well, we will terminate it. And if Congress This self-licking ice cream cone has been much appreciate it. sends me a bill loaded with that kind of with us, earmarked and unrequested, since I yield the floor. waste, I will veto it. We will do right by our 1998. The Air Force, leader in hypersonic troops and taxpayers. testing and technology, lost interest in 2004, The PRESIDING OFFICER (Mrs. so appropriators moved the program to the SHAHEEN). The Senator from Arizona is Mr. President, I can tell you, the Army. The Army has no official requirement recognized. President of the United States, that for this capability and published a report in Mr. MCCAIN. Madam President, I meets your criteria with over $7 billion 2005 stating their disinterest in the program. thank my friend from Michigan. I of unnecessary, unwanted spending. To date, the Army has no plans to fund the thank him for his leadership of the Will the President veto this bill? Not a MARIAH wind tunnel effort, as they have Armed Services Committee. chance. Not a chance. But the Amer- stated in their budget documents. But that The train is about to leave the sta- ican people are going to demand this hasn’t kept Congress from pouring more tion on the last of the appropriations obscene process stop. The American than $70 million into it, with no discernable return. One group has made out particularly bills for 2010 and, unfortunately, noth- people are going to demand it be well in the deal, however. Of course, I’m re- ing has changed. Everything is the stopped, wasting $7 billion of their tax ferring to lobbyists, including Gage LLC, same—earmarking, porkbarrel, exces- dollars on wasteful and earmark spend- whose CEO, coincidentally, had been a senior sive and unnecessary spending. Billions ing. I am confident they are aware. staffer to an appropriator from Montana.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13372 CONGRESSIONAL RECORD — SENATE December 17, 2009 $5 million to the battleship USS Missouri $720,000 to survey epidemiologic health for have seen. The other one is for irritable Memorial Association. This is a private orga- the University of Iowa. bowel syndrome. Now we have the op- nization which owns and operates this bat- $3 million for the New Jersey Technology erating room of the future. Remark- tleship as a museum in Pearl Harbor. I am Center. aware that the Association plans to put the $1.2 million for American Museum of Nat- able. Missouri in dry-dock and refurbish it, and ural History Infectious Disease Research. There is $2.3 million for marine spe- also aware that it was not part of the dona- $1.6 million for Army Plant Vaccine Devel- cies; $2 million for a marine mammal tion agreement that the Defense Department opment Program. detection system. There is a threat. would pay for required maintenance. $1.4 million for Flight/Hangar Deck Clean- Also, $2.4 million for marine mammal $20 million for the National WWII Museum er. awareness alert and response system. in New Orleans, to help pay for the construc- $4 million for the Hampton University Pro- The list goes on and on. tion of new facilities as part of a $300 million ton Cancer Treatment Initiative. I know my time is near to expire. expansion. This privately funded museum $10 million for the Hawaii Technology De- Here we are with a deficit of $1.4 tril- opened in 2000 and, through the help of the velopment Venture. Louisiana delegation, has already received $3.9 million for Intelligent Decision Explo- lion for this year, a debt of over $12 $13 million in Department of Defense funds ration. trillion, unemployment at 10 percent, tucked into previous appropriations bills. $12 million for Laser Phalanx. 900,000 families lost their homes in 2008, This earmark has no benefit to the United $2.4 million for Marine Mammal Awareness and we are spending over $7 billion on States military and will be paid at the ex- Alert and Response Systems. earmarks, porkbarrel projects the De- pense of equipment and training for our $2 million for a Marine Mammal Detection partment of Defense neither needed nor troops, something few WWII veterans would System. wants, and there are programs not support. $2.3 million for Marine Species. $14.8 million for five different earmarks $1.2 million for the Maritime Directed En- fully funded because of this that are pertaining to nano-tube research. Of the 1,720 ergy Test and Evaluation Center. vital to defending the lives of the men earmarks in this bill, hundreds are for high- $3.2 million for a National Functional and women who are serving in the mili- tech research or devices. I ask my colleagues Genomics Center Collaborating Site. tary. whether they are capable of weighing the $2.4 million for NAVAIR High Fidelity Again, this appropriations bill is a merits of specific technologies that they Oceanographic Library. disgrace. fund in this bill. The answer is they are not. $2 million for Non Traditional Ballistic Madam President, I yield the floor. $18.9 million for a center at the University Fiber and Fabric Weaving Application for The PRESIDING OFFICER. The Sen- of Massachusetts ‘‘dedicated to educating Force Protection. ator from Massachusetts. $4 million for Smart Instrument Develop- the general public, students, teachers, new Mr. KERRY. Madam President, I rise Senators, and Senate staff about the role and ment for the Magdalena Ridge Observatory. importance of the Senate.’’ This center was $2 million for underwater imaging and to speak on something else, but I will neither requested in the President’s budget Communications Using Lasers. say very quickly, I have listened to col- nor authorized by Congress. $800,000 for Unmanned Undersea Vehicle leagues on the other side of the aisle $9.5 million to the University of Hawaii for Submerged Long Range Positioning. lamenting where we are today. It has a program called the Panoramic Survey Tel- $2.4 million for an Unmanned Vehicle Sen- been 11 months since a new President escope and Raid Response System (Pan- sor Optimization Technologies Program. was inaugurated and, obviously, every- STARRS). On the surface, this program $8 million to study oceans at the Center for body understands this is not a mess he seems like a reasonable need for the Air Excellence for Research in Ocean Sciences. Force as a part of its Space Situational $2 million for an Advanced Laboratory for created. The last 8 years of the stew- Awareness efforts. Unfortunately, the Air Information Integration in Hawaii. ardship of this country, where there Force won’t be getting much return on this $2 million for PaintShield for Protecting was never one appropriations bill ve- investment, since it will only be allowed to People from Microbial Threats. toed in that entire time, is an extraor- use the telescope 5 percent of the time. In $3.2 million for Playas Training and Re- dinary story of public negligence and dollar figures, the Air Force pays $10 million search Center. even malfeasance. to the University and receives $500,000 in re- $1.2 million for Progressive Research for We are where we are. We are creating turn. What’s more, the Air Force has not, in Sustainable Manufacturing. jobs. The economy is turning around. the nine-year life of this earmark, requested $1.6 million for Protective Self-Decontami- a single dollar for this program. So, since nating Surfaces. We had the least loss in the last 11 2001, the Air Force has been forced to spend $1.5 million for the Institute for the ‘‘Ad- months. We are beginning to see those more than $75 million of its budget alloca- vancement of Bloodless Medicine’’ for the changes. We will ultimately have the tion on a program it doesn’t want—but Englewood Hospital in Englewood, New Jer- strength in our economy to deal with might be able to use—only to be denied use sey. this deficit. 95% of the time. $1.2 million for the Model for Green Lab- TRIBUTE TO DAVID MCKEAN $500,000 for the Brown Tree Snake Pro- oratories and Clean Rooms Project. gram. $1.6 million for the Maine Center for Toxi- Madam President, I rise for a dif- $1.8 million to renovate and upgrade the cology and Environmental Health at the ferent reason right now. It is a bitter- Historical Fort Hamilton Community Club University of Southern Maine in Portland, sweet privilege for me to speak about in the New York City area. Maine. my friend and my counselor, David $1.6 million to study human genetics at the $6 million to study the molecular signa- McKean, staff director of the Foreign Maine Institute for Human Genetics and tures in tumors for the National Functional Relations Committee, who is leaving Health in Brewer, Maine. Genomics Center. $3.5 million for a Micro-algae Biofuel the Senate at the end of this month to $1.6 million for Multi-Dose Closed Loop pH become the chief executive officer of Project in Hawaii. Monitoring System for Platelets at Blood $5 million for the Presidio Heritage Center, Cell Storage Inc., Seattle, Washington. the John F. Kennedy Library Founda- a museum, in San Francisco. $4.8 million for the National Oncogenomics tion. $1.6 million for the Center for Space Entre- and Molecular Imaging Center in Detroit, I have enjoyed the benefit of David’s preneurship. advice for almost 20 years now. He will $2 million for National Initiatives for Ap- Michigan. plications of Multifunctional Materials. $800,000 for the Natural Gas Firetube Boiler be sorely missed. My only consolation $1.6 million for a Virtual Business Accel- Demonstration, Rock Island Arsenal, Illi- is, this son of Massachusetts will again erator for the Silicon Prairie. nois. be able to vote for me. $7.8 million to develop key technologies $5.8 million for the Rock Island Arsenal He has been a part of my life in the needed for long term operations in ‘‘near Roof Replacement, Rock Island, Illinois. Senate since 1987, when I was a fresh- space’’ conditions for the Orion High Alti- $800,000 for Near Infrared Spectroscopy Military Personnel Assessment at the Uni- man and he was a younger and ideal- tude Long Endurance Risk Reduction Effort, istic legislative assistant. Over the Aurora Flight Sciences in Columbus, Mis- versity Community Hospital, Tampa, Flor- sissippi. ida. years, I have drawn significantly on his $2.4 million for Fusion Goggle System. $4.2 million for the Nicholson Center for knowledge and his skills. He leaves the $800,000 for ‘‘Advanced Tactical Laser Surgical Advancement Medical Robotics and Senate now to continue in public life, Flashlight’’ in Wyandotte, MI. Simulation in Central Florida. but he leaves it a little bit older but $2 million for Cedars-Sinai Medical Cen- Mr. MCCAIN. Madam President, the still idealistic and young at heart. ter’s Operating Room of the Future, Los An- list goes on and on: $2 million for the When he came to our office, he had geles, California. $4.8 million for New Vaccines to Fight Res- Cedars-Sinai Medical Center’s oper- already made a mark. He had grad- piratory Disease and Central Nervous Dis- ating room of the future in Los Ange- uated magna cum laude from Harvard orders at the Iowa State University. les, CA. That is the second earmark I College and received a law degree from

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13373 Duke University and a master’s degree passing them more rapidly to the floor Mr. SESSIONS. I object. from the Fletcher School of Law and than any other in the Senate, and I The PRESIDING OFFICER. Objec- Diplomacy. He also taught English at congratulate him for that effort. tion is heard. the Waterford Kamhlaba School in Somehow, during his career of serv- Mr. SESSIONS. Reserving the right Swaziland, Africa. But he was a cru- ice, he has found time to indulge in his to object, if I might, if the Senator sading soul deeply interested in public passion for history and scholarship. He would propose her request again. policy, with a zeal for investigations is the author of a highly acclaimed bi- Ms. STABENOW. Madam President, I and an instinct to hold Washington ac- ography of Tommy Corcoran, the ulti- ask unanimous consent that at 5:30 countable. He was looking for a place mate Washington insider. He also p.m. today, the majority leader be rec- to put all those interests to work in wrote a biography of Clark Clifford, ognized to make a motion to recess the Senate, and he found it. which was a New York Times ‘‘notable until 12:01 a.m. But he also found something more, I book of the year,’’ and he is the co- The PRESIDING OFFICER. Without might add—much more—that summer author of ‘‘The Great Decision,’’ which objection, it is so ordered. of 1987. There was a young Kellogg fel- skillfully, and perhaps surprisingly, Ms. STABENOW. Madam President, I low from the University of Pennsyl- transformed the story behind the Su- rise to speak about the position we find vania working in my office at that preme Court’s landmark Marbury v. ourselves in as we come to the end of time. Her name was Kathleen Kaye. Madison case into what the Wash- the year. Despite the incredible suc- She was extraordinarily smart and ington Post called ‘‘a political thrill- cesses we have had with the recovery committed. David did not fail to notice er.’’ act and equal pay and the Children’s those qualities and a lot more. Their As those of you in this body know, we Health Insurance Program and so marriage and their three wonderful are—all of us—really only as capable or many other areas where we have been children, who I am pleased to say are competent as our staff. Over the years, focused and working hard to make a with us right now, Shaw, Christian, I have depended on David McKean at difference, every step of the way, as and Kaye, are a tribute and more to every stage. He has been the consum- with the current bill, we have been the relationship they share. mate adviser—trustworthy, loyal, faced with stalling tactics, objections, David has devoted his career to pub- unafraid of speaking up when I was and filibusters. Now with the very im- lic service. After 5 years of working in about to veer off in the wrong direc- portant Department of Defense funding my office, he moved across the Capitol tion—which, clearly, was very seldom bill, we are in a filibuster again. I had as chief of staff to another member of indeed. Never was he more valuable to to make the motion I offered because the Massachusetts delegation, Rep- me than in the immediate aftermath of we will have to come in at 1 o’clock in resentative Joe Kennedy. He later be- the 2004 Presidential election. Forty- the morning and have a vote to stop a came special counsel at the Com- eight hours after an election night— filibuster. That is what this is all modity Futures Trading Commission and early morning and early after- about, filibustering a bill that has a before returning home to the Senate as noon—that didn’t end up the way that pay raise in it for our troops, that has deputy chief counsel at the Govern- I had hoped it might, I returned to the help for military families, that has the mental Affairs Committee and staff di- Senate for a vote. Back to work. I funding for the next year—we are in rector of the Permanent Subcommittee don’t remember what the vote was the middle of two wars—essential fund- on Investigations. about, but I do remember that David ing that is needed to support our mili- I failed to mention that before going was there with a plan to get us through tary. As our Presiding Officer knows, to the Permanent Subcommittee, he the day and the next 2 years. I will having been a leader on this as well, we worked with my staff early in his ca- miss that wisdom and guidance. also have placed into this bill provi- reer in helping to develop one of the Our loss is the Kennedy Library’s sions that are incredibly important for great investigative efforts in the Sen- gain. In some ways, I think something families, extending unemployment in- like the Kennedy Library is the perfect ate in recent memory, which was the surance for families across the country place for this man who is at heart a BCCI investigation. That wound up on who find themselves in a situation not scholar and an intellectual. But the the cover of Time magazine and was a of their making where their job has Kennedy Library is particularly well- seminal report—one of the best reports gone away or they have been laid off suited to David because it is a place I have seen in the 26 years I have been because the company can’t continue to Jackie Kennedy hoped would help turn here. employ them, maybe because of rising In 1999, I was lucky to entice him to history into advocacy and activism, health care costs, which is certainly come back to my office as chief of and I have no doubt David’s vision and part of the equation. People are finding experience will help to ensure that the staff. It turned out to be his longest themselves in a situation where due to legacy of President Kennedy endures to tenure in any of those public jobs so nothing they have done other than be a inspire future generations. good citizen, care for their kids and fol- far. Earlier this year, when I became Madam President, I want to close by low the rules, they are without em- chairman of the Foreign Relations simply saying that my colleagues and I ployment. We have this year extended Committee, he became the staff direc- are grateful for David’s distinguished unemployment insurance—and I am so tor. service. I will personally miss him very David is the ultimate team builder grateful that President Obama has much. I wish him, Kathleen, and their and a magnet for great talent, so he been willing to do this, has helped to children my very best as they return would be the first to tell you that his lead this in the recovery act and then home to Massachusetts to start this success did not come single-handedly. again as we ended a filibuster, a next special chapter in David’s career But it is clear David played the essen- month-long filibuster in October, in public service. tial role in turning 2009 into a stellar I yield the floor, and I suggest the ab- brought that to an end in November to year for the committee and for its new sence of a quorum. extend unemployment insurance. We chairman. Under his guidance, we con- The PRESIDING OFFICER. The find ourselves again, because of the un- ducted 125 hearings on topics ranging clerk will call the roll. employment situation, even though we from Afghanistan to Zimbabwe. We se- The bill clerk proceeded to call the see it getting a little bit better, with a cured passage of the Enhanced Partner- roll. long way to go. We are moving in the ship with Pakistan Act, and we won ap- Ms. STABENOW. I ask unanimous right direction, but we have a long way proval of legislation bringing far- consent that the order for the quorum to go. This bill would extend for 2 reaching reform to our foreign assist- call be rescinded. months unemployment insurance that ance program. He has worked tirelessly The PRESIDING OFFICER. Without is critical for families. It would also with the committee members and the objection, it is so ordered. extend help with health insurance. We White House over the past year, and Ms. STABENOW. Madam President, I are debating the larger health reform our record is a testament to his deter- ask unanimous consent that at 5:30 bill to create a way for families to be mination and skill. I think our com- p.m. today, the majority leader be rec- able to afford insurance and for us to mittee has succeeded in going through ognized to make a motion to recess bring down costs over the long run for the nominations of more people and until 12:01 a.m. businesses and for families.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13374 CONGRESSIONAL RECORD — SENATE December 17, 2009 This bill in front of us that is being But yet, over and over—and we find STABENOW could not finish her remarks filibustered by the Republicans would ourselves tonight where we are going and that other Senators such as Sen- extend help for health care, for health to be stopping a filibuster at 1 o’clock ator WHITEHOUSE and Senator LEVIN insurance, for COBRA payments—a in the morning on a bill to fund the De- and Senator LIEBERMAN have been program put in place that made a lot of partment of Defense, on a bill that shorted of time. Why? Because, for sense. If you lose your job, you could would help families get through the some reason, the majority leader feels pay on your own to continue the cov- holiday season, keep a roof over their we should not go past 5:30 tonight. erage. But it is incredibly expensive. head, pay their heating bills, and keep This is a defense bill, and it is impor- So recognizing that, and recognizing food on the table. tant. We need to be talking about the how tough it is when you lose your job To dramatize this even more, it is good things that are in it and the and you are in a situation—it is either stunning to think about the fact that things that have been added to it that savings or unemployment insurance or out of the 40 weeks we have been in ses- are not so good. I do not think working both—and you are trying to make the sion this year—40 weeks—for 36 of a few extra hours is going to hurt any- mortgage payment and care for the those weeks, we have had filibusters or body. kids and put food on the table and pay stalling tactics, objections to amend- I hear colleagues complain that they the electric bill and all of the other ments or objections to bills being put cannot work a weekend, they cannot things, and then to add a several hun- on the floor. That means only 4 weeks work up to Christmas, they cannot dred or several thousand dollar pay- out of the entire year we have been in work at night. Well, what about our ment for COBRA on top of that has not a situation where the Republicans have men and women who are serving in been realistic for families. So we have not been saying no, have not been Iraq and Afghanistan 7 days a week, 12 placed a 65-percent subsidy, to help stalling on things that are incredibly hours a day, Christmas and holidays? families get through this tough time, important. They are away from their families so I for health insurance. We also have as- Even with all of this, by any objec- do not have any sympathy for any sistance for food for families who, right tive measure, there has been more ac- Member of the Senate who feels this is now, again, have never had to ask for complished this year than in any other too hard for them. Also, I do not appre- help before in their lives but now have time since the Great Depression. We ciate the fact that we are shut off from a situation where they cannot put ade- need to be accomplishing more and debate tonight to be able to talk about quate food on the table for their chil- faster because people have a tremen- this issue that is before us. I see no dren. dous sense of urgency about what is reason for that to have to occur. This bill is very important, and what happening in their lives right now. So I object to the health care bill. The we have in front of us, unfortunately, we need to be acting. Think of what we American people object to the health is another filibuster, another objec- could have gotten done. We have all care bill—sixty-one percent say no. But tion—like we have seen all year—to the things that have gotten done and we are supposed to now agree and go stop us from moving forward to fund have been addressed. Think about what along with the majority? And if we do our military, to support our troops we could have gotten done if we did not not, we are some sort of obstruction- with a pay raise, to help military fami- have 36 weeks of filibusters that we had ists? I do not think so. I believe I am lies, and then to do a number of other to deal with and objections we had to representing my constituency. I believe things that are critical to do in the deal with. I am representing the best interests of short run until we get into the new I hope, as we are going through this the United States of America. I do not year and are able to focus more broadly new year, there will be a sense that it believe this health care bill is part of on these things. As the Presiding Officer knows, this is time to get things together here and that. With regard to the armed services is not the first time this has happened. work for the common good and put We have had from the party of no 98 people back to work and tackle their bill—I am a member of the Armed different objections this year. This is a health care costs and make sure people Services Committee, and I have been a record, a world’s record I think: 98 dif- can afford to have health insurance. Member for 12 years; I have been to ferent times that we have seen them Let me close by sharing a story from Iraq six times and Afghanistan six objecting, filibustering, having stalling Annette from Lake Orion, MI. She times—I believe it is great we can give tactics to moving forward on things says: our soldiers a pay raise and support that ought to be bipartisan. After a successful 21-year journalism ca- them. A lot of things in the bill are These are not Democratic issues reer, I was laid off in May when my news- good. There are some that are cut too when somebody has lost their job or paper closed. I will turn 60 in October and am much, but there are a lot of things that a 12-year survivor of breast cancer. My hus- are good, and I wish to vote for the bill. when a small business needs help or band, who is 62, is on my health insurance. needs health insurance they can afford Thankfully, the federal government is But this defense bill has $18 billion in or when a family finds themselves in a helping [us] pay for our COBRA, which would unrelated spending items attached it: situation where they need to be able to be more than $800 a month. increased unemployment, COBRA, food have help to continue their health in- Senator, we’re not pleading poverty. But stamps, and loan subsidies for busi- surance or put food on the table. This it’s easy to see the dilemma of many Ameri- nesses. is not a Democratic idea or a Repub- cans in our shoes: Risk going without health Two things strike me about this. insurance, you risk bankruptcy if someone lican idea, this is American. First, these new expenditures are not gets sick. Pay the current price, and watch paid for. They are not within the budg- We have Democrats, Republicans, your life savings, which were supposed to Independents, people who do not have a support you in [your] old age, dwindle down. et. They are above the budget. What party, people who are not active politi- Don’t listen to those screaming to main- does that mean? Well, the budget itself cally, people who vote, people who do tain the status quo; it doesn’t work for too has us in deficit. So if it is not paid for not vote. They are losing their jobs. many Americans. in the budget resolution, every penny They expect us to get it. They expect We have story after story where peo- of this $18 billion goes straight to the us to have a sense of urgency around ple are facing an early retirement—not debt of the United States of America. here. by choice—dipping into retirement sav- We need to stop this. The troops who are serving us right ings to try to keep their health care Second, why did they put this kind of now, who are in tougher times than we going. Young people, old people need us spending on the defense bill? Because will ever face, are not saying what to act now, and I am urging Congress they want to come down here and say: matters is whether you are Democrat to act now. Anybody who is not willing to go along or Republican as to whether we fund The PRESIDING OFFICER. The Sen- with this scheme to pad $18 billion the troops and fund the Department of ator’s time has expired. straight to the debt of the United Defense and give them a pay raise they Ms. STABENOW. I thank the Chair. States of America—anybody who ob- have earned and need or to help their The PRESIDING OFFICER. The Sen- jects does not love our soldiers. families. They are saying: Come on. ator from Alabama. That is wrong, and people are getting Come together. Solve problems. Get Mr. SESSIONS. Madam President, it tired of that. This is how the debt of things done. is very distressing that Senator this country is surging out of control.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13375 This Congress is irresponsible in our The budget itself, as presented by the system that is both very complex and spending. We have increased the debt President and passed by the Demo- very troubled, we cannot fail to act. the likes of which this Nation has cratic majority, put us on a road to I wish today to highlight the chal- never seen, and we are spending as if it having $1.4 trillion in deficit last year, lenges faced by approximately 12 mil- is going out of style. and it looks as though this year we are lion Americans who buy health insur- I would point out one matter here going to have a another $1.4 trillion ance in the individual market. Many about the interest we pay on the debt. deficit. But just this one little gim- farming and ranching families in South In 2008, the annual deficit was $450 bil- mick, if it is replicated each year, can Dakota are forced to purchase from lion—at that time, the largest ever. add almost $1 trillion more to the debt this market, where they all too often This past year, the deficit for the fiscal of America over ten years. That is why wind up underinsured with coverage year ending September 30 was $1,400 we are concerned about it. that costs too much and provides too billion, $1.4 trillion. This puts us on the By the way, when we talk about the little. map, according to the Congressional scheme that puts us on the road, ac- South Dakotans have contacted me Budget Office, to double the entire debt cording to the Congressional Budget directly to report health insurance dis- of America in 5 years, and triple it in Office, to tripling the debt of America crimination that results in increased 10. Unbelievable. by 2019, that does not include the premiums, refusal of coverage for nec- This is a kind of gimmick—attaching health care bill. The health care bill essary treatments, and denial of cov- unpaid for, nonbudgeted items to the has not passed. This outlook only in- erage. I have even heard complaints defense bill, then trying to force it cludes the things that are in law now. from people who work in the insurance through, so we cannot do anything So how much more would those figures industry, like Pam from Sioux Falls, about it. They snicker, I am sure, in be if the debt goes up? SD. She shared with me the serious their self-confident way that: We got I will point to one last thing about barriers people encounter when looking ’em. If they object to the bill, we will the overall financial status of this for health insurance on the individual say they don’t love our soldiers, they country: the interest we pay on that market. ‘‘There are huge loopholes in don’t support America’s defense. debt. This chart shows it. the individual market. People who are I am getting tired of it. I think the Last year, this Nation paid $170 bil- not healthy cannot get insurance. We American people are getting tired of it. lion in interest on the borrowings we turn people away every day and they I saw a poll where the most popular have as a nation. In that 1 year it was want to buy health insurance.’’ party in America today is the tea $170 billion. That is a lot of money. As Insurance companies increase their party—more than Republicans or I said, not counting the State edu- profits by selling to individuals who Democrats. will pay premiums but rarely use their Somebody said: Well, $18 billion, Ses- cation budget, for all the other matters benefits, and by avoiding individuals sions, that is not too much money. But of our State of 4.6 million people— who have health issues. This cherry- it is done on bill after bill. This is not which is almost one-fiftieth of the Na- picking leaves millions of Americans the only bill that has these kinds of tion’s population, an average-sized without access to affordable health in- gimmicks in it. Let me show you. I fig- State—our general fund is $2 billion. ured this out one day. I put together a However, $170 billion is how much we surance coverage. And when families chart here a little bit hastily: Baseline paid in interest last year. According to go without health insurance, they re- Increases: A Destructive Pattern. the Congressional Budget Office, those ceive less preventive care and often When we increase funding in these numbers will increase to where in 2019, must undergo more costly medical bills above the budgeted amount and as a result of surging debt, $799 billion treatment when illness progresses un- increase the debt, people like to think: will be added to our debt because of in- detected. This uncompensated care for Well, it is just $18 billion. That is not terest we must pay; $799 billion just in the uninsured drives health care costs much. that 1 year. That is more than the up for all of us. Look how that works when you do it whole defense budget. That is more Those who buy insurance on the indi- over a period of ten years. So let’s say than the whole U.S. discretionary vidual market pay top dollar for very next year, we go over $18 billion. This budget from not too long ago. That is a limited coverage. They will benefit im- adds another $18 billion to the national huge amount of money. It is going to mensely from health reform. The Pa- debt. Well, that is not so much. But crowd out spending for schools, for tient Protection and Affordable Care wait, it is a lot. The State of Ala- highways, for health care, and for Act will increase the insurance options bama’s general fund budget is $2 bil- other projects. in the individual market and address lion. Do not tell me $18 billion in one I am very upset about it. We cannot injurious insurance industry practices bill, on top of this defense bill, is not a continue. The President has said this is that limit access to care. Immediately lot of money. It is a huge amount of an unsustainable course. Every econo- after enactment, a new program will be money. mist we talk to says it is an created to provide affordable coverage But it does not work that way. This unsustainable course. to Americans with preexisting condi- $18 billion tends to go into the base- But how do we get there? We get tions until insurance industry reforms line, so the next year, when they talk there by taking a Defense bill and are fully implemented. The legislation about increasing the budget, they pad tacking on $18 billion worth of un- will also form health insurance ex- it by another $18 billion. It is not just funded spending. Every penny of that changes in every State through which $18 billion the next year, you see. It is gets added to the debt. those limited to the individual market $18 billion on top of what was pumped The PRESIDING OFFICER. The Sen- will have access to affordable and into the baseline the year before, and ator’s time has expired. meaningful coverage. The exchange that totals out to $36 billion. Then the Mr. SESSIONS. I thank the Chair. will provide easy-to-understand infor- next year, it is $36 billion, plus $18 bil- I urge my colleagues to send this bill mation on various health insurance lion more. And the next year, it is $54 back and reform it so we can have a plans, help people find the right cov- billion, plus $18 billion more. The next clean Defense bill. We need to take erage to meet their needs, and provide year it is $72 billion, plus $18 billion. these unpaid matters out and make tax credits to significantly reduce the The next year, it is $90 billion, plus $18 sure they are paid for. cost of purchasing that coverage. billion. And the next years, it is $108 I thank the Chair and yield the floor. Pam says, ‘‘People who want to buy billion, $126 billion, $144 billion, and Mr. JOHNSON. Madam President, I individual insurance should be able to, $162 billion if you pad the budget. And rise today to recognize this incredible regardless of their health status.’’ I this bill is just 1 of 13 accounts: De- opportunity to dramatically improve couldn’t agree more. The Patient Pro- fense. We have 13 different spending the health of our Nation. Americans tection and Affordable Care Act will bills. How much is that? It is $900 bil- face out-of-control health care costs, ensure that no American is denied cov- lion in additional deficits, just because great inequalities in access to care, erage because of their medical history, of our inability, our unwillingness, to eroding benefits, and the ever-increas- and it will provide the security of stay by the numbers that we voted on ing threat of losing their health insur- meaningful, affordable health care cov- as our budget limit. ance. While it is no easy task to fix a erage for all.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13376 CONGRESSIONAL RECORD — SENATE December 17, 2009 Mr. JOHNSON. Madam President, I It is shocking that one of the officers their home country. If the asylum suggest the absence of a quorum. accused in her murder, Major Niranjan seeker passes that interview, they are The PRESIDING OFFICER. The Basnet, was permitted to participate in detained, pending a hearing on their clerk will call the roll. a United Nations peacekeeping mission claim before an immigration judge. The legislative clerk proceeded to in Chad. This speaks volumes about the That hearing may take place weeks or call the roll. inadequacy of vetting procedures of months after the asylum seeker arrives Mr. REID. First of all, Madam Presi- military personnel for such missions, in the United States. Unless the asy- dent, I apologize to everyone. I indi- which is a separate subject that I in- lum seeker can convince the Depart- cated to both the majority and the mi- tend to take up with officials at the ment of Homeland Security that they nority that we would be here at 5:30, Department of State and United Na- should be released, that asylum seeker but I had some things that came up, tions. can spend those weeks or months in and I simply could not be here. To his credit, Prime Minister Madhav immigration detention. This policy is f Kumar Nepal had Major Basnet re- an affront to our ideals as a nation turned from Chad, following the that aspires to be a beacon of light to SERVICE MEMBERS HOME OWNER- issuance of an arrest warrant and in re- persecuted refugees. SHIP TAX ACT OF 2009—MOTION sponse to public calls for his arrest. In 1997, the Immigration and Natu- TO PROCEED However, when he arrived back at the ralization Service developed guidelines CLOTURE MOTION Katmandu airport the army took him to determine whether asylum seekers Mr. REID. Madam President, I move under its control and apparently, de- should be released from custody in ‘‘pa- to proceed to Calendar No. 175, H.R. spite initial promises and requests role’’ status while their asylum claims 3590. I have a cloture motion that is at from the police and orders from the were adjudicated. To obtain parole, the desk. Prime Minister, has still not handed asylum seekers were required to estab- The PRESIDING OFFICER. The clo- him over to the police. lish their identity, and show that they ture motion having been presented This case represents a critical junc- were neither a flight risk nor a threat under rule XXII, the Chair directs the ture for Nepal. In large measure, and as to the community. These guidelines clerk to read the motion. others have pointed out, Maina’s death were properly calibrated to deter fraud The legislative clerk read as follows: will decide whether a civilian, demo- in the asylum system and threats to CLOTURE MOTION cratic government and the rule of law our national security. They also en- We, the undersigned Senators, in accord- will determine Nepal’s future, or it will sured that those who met the criteria ance with the provisions of rule XXII of the remain dominated by the interests of for parole should be released. The 1997 Standing Rules of the Senate, hereby move the Nepal army. parole guidelines were imperfectly im- to bring to a close debate on the motion to Just a few days ago, President plemented, but the policy contained in proceed to Calendar No. 175, H.R. 3590, the Obama signed into law the Consoli- them was reasonable and appropriate. legislative vehicle for the Patient Protection dated Appropriations Act, 2010, which For reasons that were never ade- and Affordable Care Act. includes a prohibition on assistance to quately explained, under the prior ad- Harry Reid, Christopher J. Dodd, Mark the Nepal army unless it, among other ministration, ICE issued new parole Udall, Patrick J. Leahy, Daniel K. guidelines that raised the bar for asy- Akaka, Richard J. Durbin, Sherrod things, is cooperating fully with inves- Brown, Jeanne Shaheen, John F. tigations and prosecutions by civilian lum seekers. In addition to the 1997 re- Kerry, Jack Reed, Tom Harkin, Shel- judicial authorities of violations of quirements, under the Bush policy, an don Whitehouse, Kirsten E. Gillibrand, internationally recognized human asylum seeker had to demonstrate Jeff Merkley, Joseph I. Lieberman, rights. This provision applies squarely other factors, such as a serious medical Barbara Boxer, Debbie Stabenow. to Maina’s case. condition, pregnancy, status as a Mr. REID. I now withdraw that mo- I urge the new Chief of the Army minor, or that his or her release was in tion. Staff, General Chhattraman Gurung, to the ‘‘public interest.’’ The term ‘‘public f seize this opportunity to demonstrate interest’’ was not defined in the 2007 that the army is reforming, that it rec- guidelines and it is not clear how a de- NEED FOR JUSTICE IN NEPAL ognizes in a democracy its members tained asylum seeker could have met Mr. LEAHY. Mr. President, I want to are answerable to the civilian courts, such a vague standard. Members of speak briefly about a matter that is of and that it will no longer perpetuate Congress and the bipartisan U.S. Com- concern to the Congress and the De- the impunity that has undermined the mission on International Religious partment of State, involving a heinous rule of law in Nepal for far too long. Freedom questioned the need for such a crime that occurred in Nepal and the f restrictive policy, especially when need for justice. many asylum seekers have no criminal Many people are familiar with the PAROLE GUIDELINES record and pose no risk to Americans. brutal murder of Maina Sunuwar in Mr. LEAHY. Mr. President, I have The new parole policy generally hews February 2004. At the young age of 15, long questioned the policy of detaining to the 1997 parole guidelines, but con- she was arrested by Nepali soldiers and asylum seekers who present genuine tains an important improvement. severely tortured to death at, of all claims for protection under our laws. Again, asylum seekers will be eligible places, the Birendra Peace Operations Asylum seekers who express a fear of for parole if they demonstrate a cred- Training Center. After her murder, the return to their country, and who can ible fear of return to their country of army made it look as though she had establish their identity and show that origin, establish identity, and show been shot while trying to escape, and they are neither a flight risk nor a that they are neither a flight risk nor then buried her body at the center. threat to the community, should be al- a threat to the community. For the According to a United Nations re- lowed to pursue a claim for relief in the first time, however, the government port, in September 2005, after intense United States free from custody. Yes- will conduct a parole review of each public and international pressure, terday, U.S. Immigration and Customs case in which the asylum seeker estab- three army officers were brought be- Enforcement, ICE, announced new lishes a credible fear of return. Under fore a court martial and sentenced to a guidelines for release of asylum seek- both the 1997 and 2007 policies, an asy- mere 6 months imprisonment for fail- ers that override an unduly harsh pol- lum seeker had to request a parole de- ing to follow proper procedures when icy implemented in 2007 by the Bush termination in writing. Many asylum disposing of Maina’s body. In spite of administration and that are a welcome seekers arrive on our shores with gen- many requests, the Nepal army refused step toward compliance with our obli- uine claims for protection, but no to disclose the nature of the charges gations under the Refugee Convention. English language skills and no legal that led to this sentence, or provide Under current law, an asylum seeker counsel. For these asylum seekers, copies of any documents relating to the who arrives at a port of entry and asks navigating our complex immigration court of inquiry or court martial. It for refugee protection is given a brief system presents an enormous hurdle. It also refused to cooperate with police interview to ascertain whether he or is a challenge for them to even com- investigations. she has a credible fear of persecution in prehend that they may seek parole

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13377 from detention. Therefore, an auto- Leaders’’ project. This is just one of of faith in the American political system and matic parole review will assist many many projects that will honor the spir- restoration of America’s image around the bona fide refugees in winning release it of service in communities of Scouts world. In January 2009, the John Brademas Center of the NYU Wagner convened a group from custody. Our commitment to fair across the Nation. of experts to explore the public policy impli- and humane treatment of refugees de- Boy Scouts of America recognizes cations for American arts and culture of a mands no less. This new policy will that young leaders are developed over renewed focus on U. S. public diplomacy and also save taxpayer dollars spent to de- time, and has expanded its programs to issued a call for an expansion of inter- tain immigrants, including asylum help young men and women up to 20 national arts and cultural exchanges in the seekers who are otherwise eligible for years of age through Venturing Crews, service of this new direction. The following parole, at an average of $100 per person, Explorer Posts, and the Learning for report is the result of their expert opinions and deliberations. per day. Life groups. These programs have been The mission of the John Brademas Center In 1996, when our asylum laws were shown to be meaningful and to improve for the Study of Congress is to increase the rewritten to restrict access to protec- a Scout’s likelihood for success as an understanding of Congress—its role in mak- tion for many who requested protec- adult and enhance the quality of life in ing policy and its powers, processes, and re- tion upon arrival, I fought hard to pre- the community where he resides. Boy sponsibilities. The Center’s nonpartisan serve our role as a nation that wel- Scouts of America has kept up with the work reaches scholars, students, public serv- comes refugees. I offered an amend- evolving and changing needs of our Na- ants, policy makers and the general public. ment to restore basic due process pro- The Center conducts research, sponsors stu- tion, by adding programs in areas such dent internships, organizes academic con- tections to the summary exclusion and as environmental ethics and responsi- ferences and public symposia, and hosts pol- expedited removal provisions proposed bility. President Dwight Eisenhower icy addresses by Members of Congress. As a for asylum seekers. Former Senator recognized the contributions of the Boy part of the New York University’s Robert F. Michael DeWine of Ohio cosponsored Scouts 56 years ago when he praised Wagner Graduate School of Public Service, the amendment, which prevailed by the organization, as it ‘‘yearly enriches the Center strives to help the next genera- only one vote. Since that time, I have our Nation, and contributes generously tion of public service leaders develop a deep- worked to strengthen access to due er understanding of how and why Congress to the economic, physical and spiritual makes decisions. It is named for its founder, process for asylum seekers and ensure resources of the country.’’ NYU President Emeritus John Brademas, that our government complies with its Mr. President, the Boy Scouts of who served in the U.S. House of Representa- international treaty obligations under America have helped shape young peo- tives for 22 years (1959–81). the Refugee Convention. ple of America for the past 100 years. The Robert F. Wagner Graduate School of I commend President Obama and This achievement is one to be cele- Public Service of New York University is a Secretary Napolitano for engaging in a brated, and I hope many of my colleges leadership school of public policy, urban serious review of our asylum policies planning and non-profit management whose will join me in wishing this organiza- faculty members are widely recognized for and taking steps to bring us closer to tion the best for the next 100 years. reframing the way people understand and act full compliance with international law. f on issues of public importance, and whose With the thirtieth anniversary of the graduates are bold, well-prepared change Refugee Act of 1980 approaching, I will JOHN BRADEMAS CENTER FOR makers who expertly navigate real-world continue to press for both legislative THE STUDY OF CONGRESS REPORT complexity and produce results that matter. and administrative changes to the law Mr. KERRY. Mr. President, from the This report has been prepared and edited that will protect refugees and asylum Marshall Plan to tsunami relief, Amer- by Michael F. DiNiscia and Thomas M. McIn- tyre of the John Brademas Center and Pro- seekers from harm and provide them ica’s arsenal has always been most fessor Ruth Ann Stewart of the Robert F. with safety and security in America. powerful when we have marshaled not Wagner Graduate School, New York Univer- f just the force of our arms but the sity. power of our ideals. It is no secret that EXECUTIVE SUMMARY RECOGNIZING THE BOY SCOUTS OF for 8 recent years, the United States AMERICA Over the past decade, studies have shown seemed to have broken with some of that public opinion in other countries—par- Mr. BROWNBACK. Mr. President, I our best tradition and time-honored ticularly in the Islamic world—has taken an rise today to honor one of the most dis- values—and it set back our security to increasingly unfavorable view of the govern- tinguished and recognized organiza- be so isolated in the world. I have said ment and foreign policy of the United States. tions for young people in the United many times that even the most power- Yet international opinion about the values States, the Boy Scouts of America. and culture of the United States, as distinct ful Nation needs some friends on this from government policies, has remained Specifically, I want to recognize its planet. Now, 1 year into President more positive according to the most recent tremendous efforts to uphold the prin- Obama’s administration, the time is surveys conducted by the non-partisan Pew ciple of service to others. right for a robust public diplomacy to Global Attitudes Project even in Middle Today, the Boy Scouts of America is advance our interests in the world and Eastern countries. The inclination to view the largest youth service organization to enhance our national security. That the fundamental ideals of American society with nearly 3 million members. Its is the conclusion of a new report from as positive provides a valuable opening for teachings of citizenship, character de- New York University’s John Brademas policymakers to utilize the arts and culture both to advance America’s international in- velopment, and self-reliance are those Center for the Study of Congress. which all Americans should strive to terests and enhance the cultural experience The center, well known to the Senate of its citizens and their understanding of emulate in their daily lives. The pro- for its research and recommendations America’s place in a rapidly changing world. grams give participants the oppor- for new perspectives on public policies, To these ends, this report recommends tunity to engage in a wide range of recommends in its report that inter- that international arts and cultural ex- outdoor activities, education programs, national arts and cultural exchanges be changes be integrated into the planning and career-oriented programs in part- incorporated more fully into the plan- strategies of U.S. policymakers as a key element of public diplomacy. History has prov- nership with many community organi- ning strategies of U.S. policymakers. zations. Boy Scouts of America cele- en that a robust public diplomacy is essen- Mr. President, this is a timely and tial to U.S. national security and the pro- brates 100 years of service on February important study. I recommend it to the motion of American interests around the 8, 2010, with the theme ‘‘Celebrating Senate and ask that it be printed in globe. The arts community has observed the Adventure, Continuing the Jour- the RECORD. firsthand the value of international artistic ney.’’ This motto will serve its mem- There being no objection, the mate- exchanges in promoting moderation and tol- bers as they continue teaching the nec- rial was ordered to be printed in the erance among widely diverse religious and cultural groups. essary skills to many more generations RECORD, as follows: Recognizing the fiscal constraints imposed to come. MOVING FORWARD: A RENEWED ROLE FOR I want to recognize the efforts of the by the current economic downturn, the re- AMERICAN ARTS AND ARTISTS IN THE GLOB- port advises policymakers and the arts com- Jayhawk Area Council in northeast AL AGE munity to first focus on new and better ways Kansas. These members are planning The 2008 election of Barack Obama as the to utilize arts and cultural exchange initia- for the next 100 years of Scouting 44th President of the United States has of- tives that are currently underway in both through their ‘‘Building Tomorrow’s fered an historic opportunity for the renewal the private and governmental sectors.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13378 CONGRESSIONAL RECORD — SENATE December 17, 2009 As responsibility for America’s public di- public diplomacy policy that welcomes the changes as an important part of public diplo- plomacy initiatives is shared among the cultures of others to our shores. macy but would also enable us to identify White House, National Security Council, De- We believe that cultural exchanges must and evaluate best practices in the field. partment of State, Congress, National En- not only be two-way but also sensitive to It is our hope that private foundations dowment for the Arts (NEA), National En- local needs, practices, and aspirations in se- would support the research process and, dowment for the Humanities (NEH), Insti- lecting the type of American art to promote working in collaboration with the arts com- tute of Museum and Library Services, and in a given country or region. The Internet munity, help to determine a series of metrics other Federal agencies, this report offers has opened up to the world the rich variety for not only evaluating international pro- specific suggestions and recommendations of art and artists the U.S. has to offer and we grams but the adequacy as well of resources for fostering greater interagency coopera- should seek to meet those expectations and and work opportunities for the American tion in the integration of arts and cultural interests including for popular culture and artists and institutions who would fuel such exchanges into their respective strategies. the nonconventional. efforts. At the same time, American arts groups It would seem that a priority for arts and We recommend that the State Department feel a responsibility for promoting an under- cultural exchanges would be with countries be encouraged to be an active participant in standing of the vibrancy of arts and culture with which the United States has limited of- the ongoing efforts by such international or- in our country that both animates our de- ficial relations as well as with countries ganizations as UNESCO and World Monu- mocracy and nourishes international ex- where there is a low level of travel or inter- ments Fund to map the world’s cultural in- changes and America’s image. Thus, the re- action at the citizen level. frastructure toward the protection of impor- port recommends a national conversation on We think cultural exchanges that focus on tant art objects, artistic forms, sites, and in- the arts generally and their centrality to the restoration and preservation projects are es- stitutions located in disaster and conflict quality of American life both home and pecially productive as would be the exchange areas. The U.S. Defense Dept and Federal abroad. of experts in the areas of performing arts ad- Emergency Management Agency might also A NATIONAL CONVENING ON CULTURAL ministration, museum policies and tech- be considered as a source of funding and as- DIPLOMACY niques, etc. Technical assistance exchanges sistance for such undertakings. We recommend that a National Convening have a long history of helping other coun- TECHNOLOGY & TECHNICAL ASSISTANCE on Cultural Diplomacy be held in Wash- tries to celebrate their heritage and promote In recognition of the borderless nature of ington, DC to bring together policymakers tolerance between nations while at the same the Internet we urge that the latest and and leaders in the arts community. Such a time giving Americans opportunities to most advanced electronic social networking meeting would be a way of directly engaging learn about other cultures. technology be utilized in cultural diplomacy artists, at a time of domestic and inter- In the past, cultural exchanges organized programs. national difficulty, in the efforts to tell anew by the Federal Government have on occasion We believe that stronger cultural ex- America’s story and expand and to deepen raised suspicions that artists had com- changes would result from government mov- our country’s understanding of foreign soci- promised their artistic integrity. We believe ing beyond the older idea of technology as eties and the value of cultural diplomacy to in the importance of government at all lev- broadcasting medium to harness the new and the security and quality of American life. els—federal, state and local—working with most advanced social networking tech- The Convening would attempt to engage nonprofits and NGOs both at home and in nologies that not only distribute message the relevant agencies of the Federal Govern- foreign countries to avoid the appearance and art but also encourage civic engagement ment to make arts and cultural exchanges a that cultural exchanges are contrived solely and social connectivity. strategic part of U.S. public diplomacy. to serve U.S. foreign policy interests rather Given the effectiveness of the American While the meeting could be best organized by than the intended purpose of furthering mu- public/private model, a National Convening one or more nonprofit organizations working tual understanding. To that end, we urge on Cultural Diplomacy would explore oppor- in this field, it would benefit greatly from that the international exchange process not tunities to recommend to Government ways the support and collaboration of the U.S. De- be centralized in or overly coordinated at the of working in association with private non- partment of State as the lead Federal agency national level but instead structured to draw profit and for-profit cultural organizations promoting international exchanges. in artists and arts groups directly at all lev- with popular social networking sites in order We believe that the meeting would be els. to expand the range of possibilities for shar- greatly enhanced by the inclusion of rep- RESEARCH ing and exchanging cultural experiences. resentatives from other countries who are Policymakers need credible evidence to We believe that the pairing of technology leaders of international cultural initiatives. help them determine the merits and value of and culture would be especially efficacious We believe such a meeting, drawing to- expanding international exchange programs. through the dissemination of hardware and gether policy makers, artists, scholars and We believe that a National Convening on software (e.g., cell phones, wi-fi systems, representatives of professional service orga- Cultural Diplomacy would provide the appro- low-cost computers, hand-crank radios, etc.) nizations, foundations, and other nonprofit priate forum for assembling a body of expert to more remote areas of the globe where cul- as well as for-profit groups involved in the testimony and current and directed research tural understanding and exchanges are espe- arts, would provide an agenda for Congress that would facilitate a clear and focused ex- cially needed. and the Administration to build on current amination of potential outcomes. We also recommend cultural exchanges in- resources and programs to expand inter- We believe it would be beneficial to such volving scholars and experts in such special- national arts and cultural exchanges—in deliberations if a comprehensive inventory ties as performing arts management, con- both directions—in the service of America’s and review were undertaken of current pro- servation and preservation, museology, and national security and quality of life. grams by federal, state, and local govern- curation, especially those with expertise in BUILDING DEEPER AND BROADER EXCHANGES ments and private groups in the inter- newer forms of media and technology. For We believe it is critical that international national arts and cultural exchange area. example, we urge the expansion and integra- arts and cultural exchanges be two-way, per- We recommend that a State Dept Working tion into public diplomacy efforts of the Cul- son-to-person endeavors in order to promote Group on Cultural Diplomacy be charged tural Preservation Fund which currently the human connection and that such connec- with responsibility for coordinating the ef- sends conservators abroad to provide tech- tions be sustained over time and not just epi- fort to collect, examine and evaluate rel- nical assistance and run education projects, sodic events, as too often has been the case. evant reports and data generated by both PUBLIC/PRIVATE PARTNERSHIP As an example, we recommend that visual government and civil society organizations We believe that the Government should en- arts presentations include an educational as supplemented and supported by the Con- courage and promote two-way international component and performing arts master class- gressional Research Service, private founda- exchanges, acting in a convening role to es to strengthen the value of these face-to- tions, and scholarly research efforts spon- bring together private organizers and private face interactions. sored by the National Endowment for the funders, as the cost should not be fully as- We believe that given the appropriate level Arts (NEA), National Endowment for the Hu- sumed by American taxpayers. of funding and commitment long term, cul- manities (NEH), and Institute of Museum We urge the State Department to consider tural diplomacy programs can demonstrate— and Library Services (IMLS). ways in which it might utilize its adminis- using evidence-based evaluation—their suc- We believe that a particularly productive trative capacity and area expertise to excess and effectiveness in promoting the best part of the research process would be the op- plore possibilities for working with founda- aspects of America’s culture and democracy. portunity to document actual experiences tions and U.S. corporations to increase American culture is rich in its diversity and impacts of both past and on-going cul- grants for international exchanges, as well and demographic make-up. Through the re- tural exchanges, especially the person-to- as to investigate the potential of coordinated cruitment and exchange of outstanding rep- person encounters that have well established activity with the many arts and media in- resentatives of all of America’s many cul- track records for generating significant and dustries engaged in the international mar- tures, we can demonstrate the multicultural measurable goodwill toward the United ketplace of culture. nature of American society at its best, pre- States. At the same time, we recognize the impor- senting a vision of openness and freedom of We believe that verification of such suc- tance of members of the arts community expression to societies where such opportuni- cesses would not only help substantiate the keeping informed about policy changes and ties are often lacking. Similarly, we urge a case for international art and cultural ex- shifts in the national agenda. We believe

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13379 that over time and in evolving ways, cul- partment; and enable State Department em- cy or department, specific conflicts of tural exchanges could render service in part- ployees to go for further training at cultural interest provisions still apply. The cur- nership with government (as well as founda- institutions in the U.S. and abroad for fixed rent law is over broad and denies learn- tions and corporations) that would continue periods of time. ing and teaching opportunities where to enhance America’s public diplomacy proc- Additional recommendations that have ess. been proposed for consideration by a Na- no real conflict may exist. We believe that through the export of a tional Convening on Cultural Policy include: Law schools, including schools in my wide diversity of American arts and artists, A publicity campaign coordinated by the home State, have voiced concern over and the import (and ready admission State Dept., NEA, NEH, and IMLS to alert the present law. Some of these schools through the passage of the Arts Require more U.S. and foreign artists and cultural include the University of Maryland, Timely Service Act [H.R. 1785 and S. 1409]) of institutions about the opportunities avail- the University of the District of Co- a broadly representative group of foreign able for international cultural exchanges, in- lumbia, and Georgetown University arts and artists, America’s best foreign and cluding Fulbright fellowships. School of Law. The schools have re- domestic cultural interests would be served. Ways for the United States Agency for lated stories of students, who are Fed- LEADERSHIP AT THE FEDERAL LEVEL International Development (USAID) to sup- eral employees, regulated to clinics We believe that the effectiveness of Amer- port cultural programs that are consistent ican public diplomacy would be advanced by with their development goals (i.e., cultural dealing only with state matters. In the integration of cultural diplomacy into preservation projects and arts and crafts pro- other instances a student might start the policy-making process of the White grams). working on a client’s matter, but will House and the State Department. Ways for the Peace Corps and AmeriCorps be unable to continue once the matter We propose that a National Convening on to develop cultural projects and recruit art- goes to trial or before an administra- Cultural Diplomacy incorporate into its ists into both organizations. tive proceeding. Law schools complain agenda an examination of the recent call by Ways for the Commerce Department to promote cultural tourism that would direct that under such circumstances the cli- various nongovernmental study groups con- ent’s right to effective counsel is di- cerned with Federal support of the arts gen- Americans to cultural programs abroad and erally for the creation of a full time White market cultural activities in the U.S. to for- minished. Due to a requirement I House post specifically charged with pro- eign tourists. championed, the University of Mary- moting the arts and culture as part of the Increase funding for arts and cultural ex- land School of Law faces unique chal- Domestic Policy Council. Arts and cultural changes in departments other than State and lenges. Each student must provide professionals agree that without a strong the Federal cultural agencies (e.g., Defense legal services to the poor or persons and healthy cultural sector at home (fre- Department, Commerce Department, etc.) to who otherwise lack access to justice quently characterized as cultural vibrancy), encourage the sending of artists and technical assistance to localities deemed to be prior to graduation. Federal employ- the U.S. would not have the rich pool of di- ees, unlike other students, must choose verse talents in place and available when se- less developed and comfortable. lecting art and artists to represent the na- CONGRESSIONAL ACTION from a smaller selection of clinics due to the current Federal conflicts of in- tion at its best internationally. We encourage the relevant committees in We further recommend that a National Congress, in particular the House and Senate terest law. Finally, if Federal em- Convening on Cultural Diplomacy be given Foreign Affairs Committees, to hold a series ployee students seek careers in prac- the opportunity to propose the creation by of public hearings on the proposals coming tice areas where Federal law predomi- the President of a position on the National out of the National Convening on Cultural nates, they likely will obtain no prac- Security Council (NSC) to oversee public di- Diplomacy. tical clinic experience in law school. plomacy, including the coordination of rel- We believe that congressional hearings are It should be noted that the Office of evant arts and cultural exchange efforts with key to the development of new and expanded the Domestic Policy Council, State Depart- Government Ethics, OGE, and the De- legislation and programs in support of two- partment of Justice are aware of the ment, and the Federal cultural agencies. way cultural exchanges, for all the reasons We further recommend the National Con- and recommendations outlined above. text of the bill. Both have conveyed in- vening agenda include a proposal for the cre- We offer the Arts and Artifacts Indemnity formally that they do not have prob- ation of a Standing Committee to advise the Act of 1975 for consideration by the Congress lems with this legislation. The OGE re- Secretary of State on ways in which the in its deliberations as a legislative model of leased a report in 2006 that was critical State Department could begin to renew its the time proven success of international co- of current Federal conflict of interest diplomatic strength and expertise in the area operation and cultural exchange. law as being overbroad and specifically of culture. Committee members would be We recommend the inclusion in such hear- persons in the arts world involved in both in- pointed out that volunteer work was ings of a broad representation of knowledge- frequently barred even when no poten- formal and formal international exchanges. able parties, especially representatives of We would also recommend that a Special state and local arts and humanities councils tial for conflict of interest existed. Envoy for Culture be appointed by the State and agencies and of professional service or- The current law deprives law stu- Department to work on building relation- ganizations. dents who are Federal employees of ships and partnerships with foreign govern- Finally, we again urge the reintroduction valuable practical educational opportu- ments and international bodies such as and passage by Congress of the Arts Require nities. Ultimately participation in UNESCO, International Council of Museums, Timely Service Act [H.R. 1785 and S. 1409] as World Heritage Alliance, et al. these clinics would result in better at- an essential component of cultural exchange torneys many of whom later go on to EXPANDING FEDERAL PROGRAMS and the enrichment and diversity of the cul- work for the Federal government. We believe that it is both timely and desir- tural experience of the American public. able to urge the creation of a new direction f f for public diplomacy through the expansion ADDITIONAL STATEMENTS of Federal cultural programming. LAW STUDENT PARTICIPATION We believe that key to this new direction ACT is an expansion of the budgetary capacity of REMEMBERING SOL PRICE the State Department to increase the num- Mr. CARDIN. Mr. President, I have ber of cultural affairs officers stationed at introduced the Law Student Participa- ∑ Mrs. BOXER. Mr. President, I am embassies and consulates and their capabili- tion Act of 2009. honored to remember Sol Price, who ties for carrying out cultural programming The bill creates exceptions to Fed- passed away on December 14, 2009, at as the ones most informed about what ex- eral conflicts of interest law which the age of 93. Sol was a man of vision changes would be best coupled with which generally prohibits Federal employees in business, charity, and community. I country. We recommend that, in addition to in- from acting as an attorney or agent in will remember his great accomplish- creasing its personnel numbers, the State a matter adverse to the U.S. governments, but I will also remember him as Department further enhance its ability to ment. The legislation directs the ex- a wonderful man and a dear friend. attract good people by creating parity in ca- ceptions to Federal employees attend- A trendsetter in retail, Sol Price reer advancement and status between cul- ing law school and participating in founded FedMart and the Price Club, tural affairs officers and political officers. legal clinics and employees of the Dis- which subsequently sparked the whole- We believe that the State Department trict of Columbia who staff legal clin- sale warehouse industry. He envisioned would benefit as well from the creation of a Cultural Diplomacy Fellowship Program ics. Where the Federal employee has providing consumers with products at that would increase the flow of personnel participated personally and substan- low prices while providing good wages through the cultural diplomacy system; ro- tially in the matter or the matter is and working conditions for his employ- tate outside cultural experts through the De- before the employee’s particular agen- ees. When FedMart opened its first

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13380 CONGRESSIONAL RECORD — SENATE December 17, 2009 store in San Antonio, TX, in 1957, Sol American civilian contractors have portance as the railroads became domi- Price paid double the minimum wage. been operating in combat theatres nant in transportation until the mid- He also succeeded getting a mortgage since as early as World War II, and I 20th century. ‘‘Mail by rail’’ was quite company to drop its requirement on am here today to tell you about one of successful—dramatically increasing separate restroom facilities for ‘‘Col- those. the speed of delivery of mail, especially ored’’ and ‘‘Whites.’’ Hailing from Emmett, ID, Orval over long distances. Sol Price was a leader in philan- Allen Kelso arrived on Wake Island in Mr. Jennnings and his fellow Railway thropy and education. In 1991, after the the North Pacific in June 1941, working Mail Service clerks were considered death of his grandson Aaron, he estab- as a powerplant operator for Morrison the elite of the Postal Service’s em- lished the Price Fellows program for Knudsen. Mr. Kelso worked as a power- ployees. And for good reason. Their young people in San Diego County, plant operator until December 1941, jobs were exhausting and dangerous. with a mission to enrich their lives and when he was captured and taken as a They were required to sort 600 pieces of encourage stewardship for their com- POW to Camp 18, Sesabo, Japan. While mail an hour in a speeding train that munity. The 3-year program for high a POW at Camp 18, Orval helped build could wreck—and occasionally did. The school students teaches them about the Soto Dam that provides water to potential for danger certainly added business, cultural institutions, and Sesabo city today. He, among several pressure to an already difficult job. government; it also encourages lasting hundred civilian POWs, built this dam In addition to changing our postal relationship across different ethnic, re- with hardly the right tools to work system, the Railway Mail Service was ligious, and economic backgrounds. with, malnutrition, improper clothing, the source of an expression well known This program has created a new gen- and daily physical and emotional abuse in the United States. Empty mail sacks eration of local leaders in government, by their captors. Orval later died in and sacks filled with damaged, business, and civic life. Camp 18 on April 8, 1943, just days after misaddressed or otherwise unsortable In 2000, Sol and his wife Helen set up his birthday. In 1949, his only child, mail were referred to as ‘‘bums.’’ And the San Diego Revitalization Corpora- Walter Richard ‘‘Dick’’ Kelso, re- before the trains would leave the station, which was later renamed Price claimed his father’s remains, and tions along their routes, rail clerks Charities. The end goal is to improve brought him back to rest on U.S. soil would often shout ‘‘throw the bums the lives of the urban poor. Among his at the National Memorial Cemetery of out.’’ many commitments, Sol worked to re- the Pacific in Honolulu, HI. I also note Mr. Jennings served this country in vitalize City Heights, a neighborhood that although Mr. Kelson was a civil- important ways, not only as a postman in the city of San Diego that was a ian during the time I have discussed, in the ‘‘mail by rail’’ network but also poor, high-crime but diverse commu- after his death, the Department of the as a sergeant with the U.S. Army Med- nity. In partnership with the city of Navy awarded him an E4 military sta- ical Corps in Italy and North African tus. San Diego, he built low-income housing during World War II. There, as much as It is fitting that we honor Mr. Kelso and commercial space for community with the ‘‘mail by rail’’ service, Mr. for his sacrifice and also be reminded Jennings helped to ‘‘throw the bums organizations and attracted businesses of the many others who were taken that would not otherwise have located out.’’ prisoner or who paid the ultimate sac- Mr. Jennings deserves our thanks for in City Heights. rifice working in harm’s way. We often Sol was a member of the board of his unique and great service to our forget about the nonmilitary Ameri- country. I congratulate him and his trustees for the Urban Institute in cans who gave their all for the free- family and I share their pride in him Washington, DC, the board of directors doms we cherish in our great Nation. and his important role in the history of for the Center on Budget and Policy Let us help remedy that today by rec- our country’s Postal Service.∑ Priorities, the Consumer Affairs Advi- ognizing Mr. Kelso and the civilian sory Committee of the U.S. Securities POWs taken during World War II. They f and Exchange Commission, and the are an exemplary example of the self- TRIBUTE TO DICK AND CHRISTINE San Diego Financial Review Panel. lessness displayed by Americans in an MOODY Born in the Bronx, NY, Sol Price effort to bring peace and freedom to grew up in San Diego. He graduated ∑ Mr. KERRY. Mr. President, anyone millions, and we thank them for their who has served in our Armed Forces or from San Diego State University in sacrifice.∑ 1934 and earned a law degree in 1938 who has had a loved one in uniform un- from the University of Southern Cali- f derstands just how difficult the holiday fornia. TRIBUTE TO RICHARD R. season can be—separated from hus- Sol will be dearly missed. There is no JENNINGS bands, wives, fathers, mothers, daugh- doubt that his spirit will live on, car- ∑ Mr. KERRY. Mr. President, I wish to ters, and sons. It can be the loneliest ried along by the people he helped, the congratulate Richard R. Jennings of time of the year. Dick and Christine neighborhoods he transformed, and the Wilmington, MA, for the honor he re- Moody understand that better than entrepreneurial path he blazed. ceived from the Smithsonian Institu- most, and since 2003 they have worked He is survived by two sons, Robert tion at the American History Museum tirelessly to make the holidays a little and Larry, five grandchildren, and four earlier this year. Mr. Jennings was rec- cheerier for the men and women who great-grandchildren. My heart goes out ognized for his long service with the keep America safe. They have done it to the family during this time of grief. Railway Mail Service. The 85-year-old with Operation Troop Support, the or- They are in our thoughts and in our Mr. Jennings is one of the last sur- ganization they founded 6 years ago as prayers.∑ vivors of one of the most important in- a way to say thank to those serving in f novations in the history of mail service the military. Since its founding, Operation Troop REMEMBERING ORVAL ALLEN in the United States. Mr. Jennings was honored as part of Support has sent more than 25,000 care KELSO a postal service exhibit at the Amer- packages to men and women in the ∑ Mr. CRAPO. Mr. President, today I ican History Museum last summer. In military abroad. These packages are wish to ask my colleagues to join me in addition to the recognition he received, sent throughout the year, but during recognizing the accomplishments of the Smithsonian also recorded Mr. the holidays extra care is taken to see Mr. Orval Allen Kelso. Jennings’s memories of his years as that the season is a little brighter for Today, deeply engaged in a war on part of the Boston-to-Albany and the the troops. And it is for that reason terror, thousands of American civilians Boston-to-New York ‘‘mail by rail’’ that during this holiday season, I are working and serving in harm’s way. routes—part of a network that was so would like to recognize and commend Like the brave men and women serving important to U.S. mail service before Dick and Christine Moody for their ef- in uniform, these patriotic citizens risk the airlines took over much of the forts—efforts that have earned them their lives every day in an effort to re- service. national recognition and the accolades build a stronger future for the people of The Railway Mail Service began in of the National Military Family Asso- Iraq. However, they are not alone. the mid-19th century but grew in im- ciation, the Employer Support to the

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13381 Guard and Reserve, ESGR, and numer- student learning. Since 1994, 82,000 National Bureau of Economic Research ous State and local officials. teachers have been National Board cer- where he cochairs the Social Security I also want to recognize the hundreds tified, including 383 Rhode Island Working Group. of volunteers who have contributed teachers. Professor Samwick graduated summa their time, energy and money to Oper- Last week, the National Board an- cum laude from Harvard College and ation Troop Support. The support the nounced an expansion of their certifi- received a Ph.D. in economics from the North Shore community has given the cation process to include principals and Massachusetts Institute of Technology. organization has been inspiring. Volun- other school leaders, recognizing the He has won numerous prizes, grants, teers have spent countless hours box- research that effective leadership is and fellowships for his work. His arti- ing the care packages, and they have second only to classroom instruction cles frequently appear in prestigious donated thousands of dollars to ship among factors that influence student economics and finance journals and he the packages to ensure that each sol- outcomes. I was pleased that this im- often provides commentary and opin- dier, marine, airman and sailor re- portant expansion was made possible ion for national public radio and na- ceives something during the holiday through Federal funding provided tional newspapers. season. through the fiscal year 2009 Labor, The U.S. Professors of the Year pro- I had the opportunity to meet with Health, and Education appropriations gram acknowledges the most excep- many of the Operation Troop Support bill. tional undergraduate instructors in the volunteers while attending a St. Pat- I congratulate the Rhode Island country—those who stand out in their ricks Day luncheon hosted by the orga- teachers and teachers nationwide on teaching and positive influence on the nization last year. During the lunch- their significant accomplishment and lives and careers of their students. It is eon, I spoke with a soldier, Thomas dedication to their professional devel- important that we recognize the crit- Lanzoni, who had recently returned opment, and I look forward to con- ical work and contribution that our from Iraq. Inspired by the volunteers of tinuing to work with the National talented professors make in educating Operation Troop Support, Sergeant Board to ensure that our children have the next generation of young people. I Lanzoni walked across the Common- the most effective teachers, principals, am extremely proud that Professor wealth of Massachusetts to raise and school leaders. Samwick has been honored by this money and awareness for the Moodys’s I ask that the names of the Rhode Is- prestigious distinction.∑ organization. land teachers who achieved National f Dick and Christine Moody under- Board certification this year be in- stand the special burden placed on cluded in the RECORD. MESSAGES FROM THE PRESIDENT military families. Dick spent 23 years There being no objection, the mate- Messages from the President of the in the Air Force and retired as a lieu- rial was ordered to be printed in the United States were communicated to tenant colonel. Additionally, the RECORD, as follows: the Senate by Mrs. Neiman, one of his Moodys have a son and a daughter who 2009 RHODE ISLAND NATIONAL BOARD secretaries. have served abroad in the Air Force. CERTIFIED TEACHERS The military has long been a part of Rhonda Asprinio, Michelle Beaulieu, Karen f their life. Consequently, Operation Bessette, Catherine Boutin, Dawn Brooder, EXECUTIVE MESSAGES REFERRED Troop Support not only supports the Alison Burke, Jaclyn Cambio, David Clegg, Leila Connolly, Suzanne Costa, Lilly As in executive session the Presiding troops in the field but also hosts family Officer laid before the Senate messages support group meetings for the loved Coustan, Cheryl Degnan, Stephanie Desmarais, Amy Devault, Jonathan Dune, from the President of the United ones of servicemembers deployed or Kerri Gendice, Michael Gendice, Andrea States submitting sundry nominations about to be deployed overseas. Hainey-Turcotte, Carolyn Higgins, Michaela which were referred to the appropriate I salute the Moodys and Operation Holmes, James Hovey, and David Kearsley. committees. Troop Support for their service and Denise Ledoux, Jeanne Maggiacomo, Treva (The nominations received today are dedication to our country. Their ges- Mcelroy, Karen Mchenry, Maryelizabeth printed at the end of the Senate pro- tures of gratitude have reached thou- Melillo, Bonnie Morency-Lima, Lisa Narcisi, ceedings.) sands of servicemembers, reminding Kerry Perschau, Margaret Pouliot, Mary each of them that we support them and Roberts, Elizabeth Ruest, Lynn Rzemien- f Plotkin, Marilyn Salisbury, Elyse Scherza, their families while they are deployed Denise Sherman, Nicole Tetreault, Jennifer MESSAGES FROM THE HOUSE and when they return.∑ Theroux, Julee Thomas, Christa Thompson, ENROLLED BILL SIGNED f Jennifer Walker, Lynn Warila, and Amy Weigand.∑ At 10:03 a.m., a message from the 2009 NATIONAL BOARD CERTIFIED House of Representatives, delivered by f RHODE ISLAND TEACHERS Mrs. Cole, one of its reading clerks, an- ∑ Mr. REED. Mr. President, I commend TRIBUTE TO ANDREW SAMWICK nounced that the Speaker has signed the announcement yesterday that 44 ∑ Mrs. SHAHEEN. Mr. President, today the following enrolled bill: Rhode Island teachers and nearly 9,000 I congratulate Professor Andrew S. 1472. An act to establish a section within teachers nationwide achieved National Samwick for being recognized for his the Criminal Division of the Department of Board for Professional Teaching Stand- dedication to and his excellence in Justice to enforce human rights laws, to ards certification this year. teaching. Professor Samwick is the make technical and conforming amendments The single most effective step we can winner of the 2009 New Hampshire Pro- to criminal and immigration laws pertaining to human rights violations, and for other take to raise student achievement and fessor of the Year Award, one of the purposes. turn around struggling schools is to en- most prestigious awards for under- sure that we improve the quality of our graduate teaching. Honorees are recog- The enrolled bill was subsequently teachers. For years I have worked to nized for their influence in the lives signed by the President pro tempore improve what the Federal Government and careers of their students. (Mr. BYRD). Mr. Samwick has taught at Dart- does to help train and develop teachers. At 10:38 a.m., a message from the mouth College since 1994 and is a pro- Indeed, I have worked with National House of Representatives, delivered by fessor of economics and the director of Board on nearly every piece of teacher Mrs. Cole, one of its reading clerks, an- the Nelson A. Rockefeller Center for quality legislation I have introduced in nounced that the House has passed the Public Policy and Social Sciences. He the Senate. The National Board has following bills, in which it requests the is a well-known expert on the econom- been instrumental in identifying effec- concurrence of the Senate: tive teaching practices and infusing ics of retirement and social security re- those practices throughout our Nations form, and has testified several times H.R. 1147. An act to implement the recommendations of the Federal Communica- schools. Their certification process is before Congress and has served as chief tions Commission report to the Congress re- rigorous and includes multiple compo- economist on the staff of the Presi- garding low-power FM service. nents that regularly assess and im- dent’s Council of Economic Advisors. H.R. 3714. An act to amend the Foreign As- prove a teacher’s ability to improve He is also a research associate at the sistance Act of 1961 to include in the Annual

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13382 CONGRESSIONAL RECORD — SENATE December 17, 2009 Country Reports on Human Rights Practices By Mr. LIEBERMAN, from the Committee on the dates indicated, and ask unani- information about freedom of the press in on Homeland Security and Governmental Af- mous consent, to save the expense of foreign countries, and for other purposes. fairs, without amendment: reprinting on the Executive Calendar H.R. 4194. An act to amend title 18, United H.R. 2877. A bill to designate the facility of that these nominations lie at the Sec- States Code, to exempt qualifying law school the United States Postal Service located at students participating in legal clinics or 76 Brookside Avenue in Chester, New York, retary’s desk for the information of externships from the application of the con- as the ‘‘1st Lieutenant Louis Allen Post Of- Senators. flict of interest rules under section 205 of fice’’. The PRESIDING OFFICER. Without such title. H.R. 3072. A bill to designate the facility of objection, it is so ordered. the United States Postal Service located at *Coast Guard nomination of Andrew G. f 9810 Halls Ferry Road in St. Louis, Missouri, Liske, to be Captain. MEASURES REFERRED as the ‘‘Coach Jodie Bailey Post Office *Coast Guard nomination of Robert A. Building’’. Moomaw, to be Lieutenant. The following bills were read the first H.R. 3319. A bill to designate the facility of *National Oceanic and Atmospheric Ad- and the second times by unanimous the United States Postal Service located at ministration nominations beginning with consent, and referred as indicated: 440 South Gulling Street in Portola, Cali- Keith E. Tucker and ending with Jason P.R. H.R. 3714. An act to amend the Foreign As- fornia, as the ‘‘Army Specialist Jeremiah Wilson, which nominations were received by sistance Act of 1961 to include in the Annual Paul McCleery Post Office Building’’. the Senate and appeared in the CONGRES- Country Reports on Human Rights Practices H.R. 3539. A bill to designate the facility of SIONAL RECORD on December 9, 2009. By Mr. LEAHY for the Committee on the information about freedom of the press in the United States Postal Service located at Judiciary. foreign countries, and for other purposes; to 427 Harrison Avenue in Harrison, New Jer- sey, as the ‘‘Patricia D. McGinty-Juhl Post Mark Anthony Martinez, of Nebraska, to the Committee on Foreign Relations. be United States Marshal for the District of H.R. 4194. An act to amend title 18, United Office Building’’. H.R. 3667. A bill to designate the facility of Nebraska for the term of four years. States Code, to exempt qualifying law school Michael W. Cotter, of Montana, to be the United States Postal Service located at students participating in legal clinics or United States Attorney for the District of 16555 Springs Street in White Springs, Flor- externships from the application of the con- Montana for the term of four years. flict of interest rules under section 205 of ida, as the ‘‘Clyde L. Hillhouse Post Office Barbara L. McQuade, of Michigan, to be such title; to the Committee on the Judici- Building’’. United States Attorney for the Eastern Dis- ary. H.R. 3767. A bill to designate the facility of trict of Michigan for the term of four years. the United States Postal Service located at f James L. Santelle, of Wisconsin, to be 170 North Main Street in Smithfield, Utah, United States Attorney for the Eastern Dis- ENROLLED BILL PRESENTED as the ‘‘W. Hazen Hillyard Post Office Build- trict of Wisconsin for the term of four years. ing’’. Christopher A. Crofts, of Wyoming, to be The Secretary of the Senate reported H.R. 3788. A bill to designate the facility of United States Attorney for the District of that on today, December 17, 2009, she the United States Postal Service located at Wyoming for the term of four years. had presented to the President of the 3900 Darrow Road in Stow, Ohio, as the ‘‘Cor- *Nomination was reported with rec- United States the following enrolled poral Joseph A. Tomci Post Office Building’’. ommendation that it be confirmed sub- bill: By Mr. LEAHY, from the Committee on the Judiciary, with an amendment in the na- ject to the nominee’s commitment to S. 1472. An act to establish a section within ture of a substitute: respond to requests to appear and tes- the Criminal Division of the Department of S. 678. A bill to reauthorize and improve tify before any duly constituted com- Justice to enforce human rights laws, to the Juvenile Justice and Delinquency Pre- mittee of the Senate. make technical and conforming amendments vention Act of 1974, and for other purposes. (Nominations without an asterisk to criminal and immigration laws pertaining to human rights violations, and for other f were reported with the recommendation that they be confirmed.) purposes. EXECUTIVE REPORTS OF f COMMITTEES f REPORTS OF COMMITTEES The following executive reports of INTRODUCTION OF BILLS AND nominations were submitted: JOINT RESOLUTIONS The following reports of committees The following bills and joint resolu- were submitted: By Mr. DODD for the Committee on Bank- ing, Housing, and Urban Affairs. tions were introduced, read the first By Mr. LEAHY, from the Committee on *Eric L. Hirschhorn, of Maryland, to be and second times by unanimous con- the Judiciary: Under Secretary of Commerce for Export Ad- sent, and referred as indicated: Report to accompany S. 1490, a bill to pre- ministration. By Mr. WYDEN: vent and mitigate identity theft, to ensure *Ben S. Bernanke, of New Jersey, to be privacy, to provide notice of security S. 2895. A bill to restore forest landscapes, Chairman of the Board of Governors of the protect old growth forests, and manage na- breaches, and to enhance criminal penalties, Federal Reserve System for a term of four law enforcement assistance , and other pro- tional forests in the eastside forests of the years. State of Oregon, and for other purposes; to tections against security breaches, fraudu- *Marisa Lago, of New York, to be an As- lent access, and misuse of personally identi- the Committee on Energy and Natural Re- sistant Secretary of the Treasury. sources. fiable information (Rept. No. 111—110). *Steven L. Jacques, of Kansas, to be an As- By Mr. LIEBERMAN, from the Committee By Mr. FRANKEN (for himself, Mr. sistant Secretary of Housing and Urban De- HATCH, Mr. BENNET, Mr. BROWN, and on Homeland Security and Governmental Af- velopment. fairs, with an amendment in the nature of a Mr. CARPER): By Mr. ROCKEFELLER for the Committee S. 2896. A bill to recruit, support, and pre- substitute: on Commerce, Science, and Transportation. pare principals to improve student academic H.R. 730. A bill to strengthen efforts in the *Julie Simone Brill, of Vermont, to be a achievement at high-need schools; to the Department of Homeland Security to de- Federal Trade Commissioner for the term of Committee on Health, Education, Labor, and velop nuclear forensics capabilities to permit seven years from September 26, 2009. Pensions. attribution of the source of nuclear material, *Edith Ramirez, of California, to be a Fed- By Mr. BENNET: and for other purposes. eral Trade Commissioner for the term of S. 2897. A bill to establish incentives to in- By Mr. LIEBERMAN, from the Committee seven years from September 26, 2008. crease the energy efficiency of federally as- on Homeland Security and Governmental Af- *Nicole Yvette Lamb-Hale, of Michigan, to sisted housing; to the Committee on Bank- fairs, without amendment: be an Assistant Secretary of Commerce. ing, Housing, and Urban Affairs. H.R. 1817. A bill to designate the facility of *Michael A. Khouri, of Kentucky, to be a By Ms. LANDRIEU (for herself and Mr. the United States Postal Service located at Federal Maritime Commissioner for a term ALEXANDER): 116 North West Street in Somerville, Ten- expiring June 30, 2011. S. 2898. A bill to provide for child safety, nessee, as the ‘‘John S. Wilder Post Office *David L. Strickland, of Georgia, to be Ad- care, and education continuity in the event Building’’. ministrator of the National Highway Traffic of a presidentially declared disaster; to the By Mr. LIEBERMAN, from the Committee Safety Administration. Committee on Health, Education, Labor, and on Homeland Security and Governmental Af- *Coast Guard nomination of Rear Adm. Pensions. fairs, with amendments: (1h) Steven E. Day, to be Rear Admiral. By Mrs. FEINSTEIN (for herself and H.R. 2711. A bill to amend title 5, United Mr. ROCKEFELLER. Mr. President, Mr. MERKLEY): States Code, to provide for the transpor- S. 2899. A bill to amend the American Re- tation of the dependents, remains, and ef- for the Committee on Commerce, covery and Reinvestment Act of 2009 and the fects of certain Federal employees who die Science, and Transportation I report Internal Revenue Code of 1986 to provide in- while performing official duties or as a re- favorably the following nomination centives for the development of solar energy; sult of the performance of official duties. lists which were printed in the RECORDs to the Committee on Finance.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13383 By Mrs. GILLIBRAND: (Ms. LANDRIEU) was added as a cospon- BIN) was added as a cosponsor of S. 1345, S. 2900. A bill to establish a research, de- sor of S. 604, a bill to amend title 31, a bill to aid and support pediatric in- velopment, and technology demonstration United States Code, to reform the man- volvement in reading and education. program to improve the efficiency of gas tur- bines used in combined cycle and simple ner in which the Board of Governors of S. 1492 cycle power generation systems; to the Com- the Federal Reserve System is audited At the request of Ms. MIKULSKI, the mittee on Energy and Natural Resources. by the Comptroller General of the name of the Senator from Indiana (Mr. By Ms. COLLINS (for herself, Mrs. United States and the manner in which BAYH) was added as a cosponsor of S. MCCASKILL, and Mr. BENNETT): such audits are reported, and for other 1492, a bill to amend the Public Health S. 2901. A bill to improve the acquisition purposes. Service Act to fund breakthroughs in workforce through the establishment of an S. 619 acquisition management fellows program, Alzheimer’s disease research while pro- and for other purposes; to the Committee on At the request of Mrs. FEINSTEIN, the viding more help to caregivers and in- Homeland Security and Governmental Af- name of the Senator from Rhode Island creasing public education about pre- fairs. (Mr. WHITEHOUSE) was added as a co- vention. By Ms. COLLINS (for herself, Mrs. sponsor of S. 619, a bill to amend the S. 1589 MCCASKILL, and Mr. BENNETT): Federal Food, Drug, and Cosmetic Act At the request of Ms. CANTWELL, the S. 2902. A bill to improve the Federal Ac- to preserve the effectiveness of medi- name of the Senator from Nebraska quisition Institute; to the Committee on cally important antibiotics used in the (Mr. JOHANNS) was added as a cospon- Homeland Security and Governmental Af- treatment of human and animal dis- fairs. sor of S. 1589, a bill to amend the Inter- By Mr. BURR (for himself and Mr. eases. nal Revenue Code of 1986 to modify the ENZI): S. 841 incentives for the production of bio- S. 2903. A bill to amend the Child Care and At the request of Mr. KERRY, the diesel. Development Block Grant Act of 1990 to re- name of the Senator from Louisiana S. 1739 quire criminal background check for child (Ms. LANDRIEU) was added as a cospon- care providers; to the Committee on Health, At the request of Mr. DODD, the name sor of S. 841, a bill to direct the Sec- of the Senator from Vermont (Mr. Education, Labor, and Pensions. retary of Transportation to study and By Mr. FRANKEN (for himself, Ms. LEAHY) was added as a cosponsor of S. establish a motor vehicle safety stand- SNOWE, Mr. KERRY, Mr. LAUTENBERG, 1739, a bill to promote freedom of the Mr. FEINGOLD, Mr. MENENDEZ, Mr. ard that provides for a means of alert- press around the world. ing blind and other pedestrians of DURBIN, Mrs. GILLIBRAND, Mrs. FEIN- S. 1938 STEIN, Mrs. BOXER, Mrs. MCCASKILL, motor vehicle operation. At the request of Mr. NELSON of Flor- Mr. HARKIN, and Mr. SCHUMER): S. 1067 S. 2904. A bill to amend title 10, United ida, his name was added as a cosponsor At the request of Mr. FEINGOLD, the of S. 1938, a bill to establish a program States Code, to require emergency contra- name of the Senator from Hawaii (Mr. ception to be available at all military health to reduce injuries and deaths caused by INOUYE) was added as a cosponsor of S. care treatment facilities; to the Committee cellphone use and texting while driv- 1067, a bill to support stabilization and on Armed Services. ing. lasting peace in northern Uganda and By Mr. INOUYE: S. 2831 S. 2905. A bill to amend the Internal Rev- areas affected by the Lord’s Resistance At the request of Mr. REED, the name enue Code of 1986 to repeal the reduction in Army through development of a re- the deductible portion of expenses for busi- gional strategy to support multilateral of the Senator from Ohio (Mr. BROWN) ness meals and entertainment; to the Com- efforts to successfully protect civilians was added as a cosponsor of S. 2831, a mittee on Finance. and eliminate the threat posed by the bill to provide for additional emer- By Mr. FEINGOLD (for himself, Mr. Lord’s Resistance Army and to author- gency unemployment compensation MCCAIN, and Mr. LIEBERMAN): ize funds for humanitarian relief and and to keep Americans working, and S.J. Res. 23. A joint resolution dis- for other purposes. approving the rule submitted by the Federal reconstruction, reconciliation, and Election Commission with respect to travel transitional justice, and for other pur- S. 2833 on private aircraft by Federal candidates; to poses. At the request of Mr. REED, the name the Committee on Rules and Administration. S. 1183 of the Senator from Michigan (Ms. f At the request of Mr. DURBIN, the STABENOW) was added as a cosponsor of name of the Senator from Vermont S. 2833, a bill to provide adjusted Fed- SUBMISSION OF CONCURRENT AND eral medical assistance percentage SENATE RESOLUTIONS (Mr. LEAHY) was added as a cosponsor of S. 1183, a bill to authorize the Sec- rates during a transitional assistance The following concurrent resolutions retary of Agriculture to provide assist- period. and Senate resolutions were read, and ance to the Government of Haiti to end S. 2853 referred (or acted upon), as indicated: within 5 years the deforestation in At the request of Mr. GREGG, the By Mrs. HAGAN (for herself and Mr. Haiti and restore within 30 years the name of the Senator from Maine (Ms. BURR): extent of tropical forest cover in exist- COLLINS) was added as a cosponsor of S. S. Res. 377. A resolution congratulating the 2853, a bill to establish a Bipartisan University of North Carolina Tar Heels for ence in Haiti in 1990, and for other pur- winning the 2009 National Collegiate Ath- poses. Task Force for Responsible Fiscal Ac- letic Association Field Hockey National S. 1197 tion, to assure the long-term fiscal sta- Championship; to the Committee on the Ju- At the request of Mr. VOINOVICH, the bility and economic security of the diciary. name of the Senator from Vermont Federal Government of the United By Mrs. HAGAN (for herself and Mr. (Mr. SANDERS) was added as a cospon- States, and to expand future prosperity BURR): sor of S. 1197, a bill to establish a grant growth for all Americans. S. Res. 378. A resolution congratulating the S. 2854 University of North Carolina Tar Heels for program for automated external winning the 2009 National Collegiate Ath- defibrillators in elementary and sec- At the request of Mr. KOHL, the letic Association Women’s Soccer National ondary schools. names of the Senator from Michigan Championship; to the Committee on the Ju- S. 1255 (Ms. STABENOW) and the Senator from diciary. At the request of Mr. SCHUMER, the Missouri (Mrs. MCCASKILL) were added By Mrs. GILLIBRAND: name of the Senator from New York as cosponsors of S. 2854, a bill to amend S. Res. 379. A resolution to express the (Mrs. GILLIBRAND) was added as a co- the Internal Revenue Code of 1986 to sense of the Senate regarding the protection extend and modify the credit for new of intellectual property rights for clean en- sponsor of S. 1255, a bill to amend the ergy and environmental technology; to the Magnuson—Stevens Fishery Conserva- qualified hybrid motor vehicles, and Committee on Foreign Relations. tion and Management Act to extend for other purposes. S. 2874 f the authorized time period for rebuilding of certain overfished fisheries, and At the request of Ms. LANDRIEU, the ADDITIONAL COSPONSORS for other purposes. name of the Senator from Louisiana S. 604 S. 1345 (Mr. VITTER) was added as a cosponsor At the request of Mr. SANDERS, the At the request of Mr. REED, the name of S. 2874, a bill to designate the facil- name of the Senator from Louisiana of the Senator from Illinois (Mr. DUR- ity of the United States Postal Service

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13384 CONGRESSIONAL RECORD — SENATE December 17, 2009 located at 2000 Louisiana Avenue in ify the first-time homebuyers credit in vania (Mr. CASEY) was added as a co- New Orleans, Louisiana, as the ‘‘Ray the case of members of the Armed sponsor of amendment No. 3037 in- Rondeno, Sr. Post Office Building’’. Forces and certain other Federal em- tended to be proposed to H.R. 3590, a S. 2886 ployees, and for other purposes. bill to amend the Internal Revenue At the request of Ms. CANTWELL, the AMENDMENT NO. 2849 Code of 1986 to modify the first-time names of the Senator from Vermont At the request of Mr. SANDERS, the homebuyers credit in the case of mem- (Mr. SANDERS) and the Senator from name of the Senator from Oregon (Mr. bers of the Armed Forces and certain California (Mrs. BOXER) were added as MERKLEY) was added as a cosponsor of other Federal employees, and for other cosponsors of S. 2886, a bill to prohibit amendment No. 2849 intended to be pro- purposes. certain affiliations (between commer- posed to H.R. 3590, a bill to amend the AMENDMENT NO. 3076 cial banking and investment banking Internal Revenue Code of 1986 to mod- At the request of Mr. DURBIN, the companies), and for other purposes. ify the first-time homebuyers credit in name of the Senator from New York S. RES. 316 the case of members of the Armed (Mrs. GILLIBRAND) was added as a co- At the request of Mr. MENENDEZ, the Forces and certain other Federal em- sponsor of amendment No. 3076 in- name of the Senator from Michigan ployees, and for other purposes. tended to be proposed to H.R. 3590, a (Mr. LEVIN) was added as a cosponsor of AMENDMENT NO. 2871 bill to amend the Internal Revenue S. Res. 316, a resolution calling upon At the request of Mr. BROWN, the Code of 1986 to modify the first-time the President to ensure that the for- name of the Senator from Illinois (Mr. homebuyers credit in the case of mem- eign policy of the United States re- DURBIN) was added as a cosponsor of bers of the Armed Forces and certain flects appropriate understanding and amendment No. 2871 intended to be pro- other Federal employees, and for other sensitivity concerning issues related to posed to H.R. 3590, a bill to amend the purposes. human rights, ethnic cleansing, and Internal Revenue Code of 1986 to mod- AMENDMENT NO. 3088 genocide documented in the United ify the first-time homebuyers credit in At the request of Ms. COLLINS, the States record relating to the Armenian the case of members of the Armed name of the Senator from Michigan Genocide, and for other purposes. Forces and certain other Federal em- (Ms. STABENOW) was added as a cosponsor of amendment No. 3088 intended to AMENDMENT NO. 2790 ployees, and for other purposes. be proposed to H.R. 3590, a bill to At the request of Mr. CASEY, the AMENDMENT NO. 2883 amend the Internal Revenue Code of name of the Senator from Illinois (Mr. At the request of Ms. STABENOW, the 1986 to modify the first-time home- BURRIS) was added as a cosponsor of name of the Senator from North Caro- buyers credit in the case of members of amendment No. 2790 intended to be pro- lina (Mrs. HAGAN) was added as a co- the Armed Forces and certain other posed to H.R. 3590, a bill to amend the sponsor of amendment No. 2883 in- Federal employees, and for other pur- Internal Revenue Code of 1986 to mod- tended to be proposed to H.R. 3590, a poses. ify the first-time homebuyers credit in bill to amend the Internal Revenue the case of members of the Armed Code of 1986 to modify the first-time AMENDMENT NO. 3112 Forces and certain other Federal em- homebuyers credit in the case of mem- At the request of Ms. CANTWELL, the ployees, and for other purposes. bers of the Armed Forces and certain name of the Senator from Virginia (Mr. WARNER) was added as a cosponsor of AMENDMENT NO. 2845 other Federal employees, and for other purposes. amendment No. 3112 intended to be pro- At the request of Mr. SANDERS, the posed to H.R. 3590, a bill to amend the AMENDMENT NO. 2909 name of the Senator from Oregon (Mr. Internal Revenue Code of 1986 to mod- MERKLEY) was added as a cosponsor of At the request of Mr. NELSON of Flor- ify the first-time homebuyers credit in amendment No. 2845 intended to be pro- ida, the names of the Senator from Or- the case of members of the Armed posed to H.R. 3590, a bill to amend the egon (Mr. WYDEN) and the Senator Forces and certain other Federal em- Internal Revenue Code of 1986 to mod- from New Jersey (Mr. LAUTENBERG) ployees, and for other purposes. ify the first-time homebuyers credit in were added as cosponsors of amend- AMENDMENT NO. 3114 the case of members of the Armed ment No. 2909 intended to be proposed At the request of Mr. GRASSLEY, the Forces and certain other Federal em- to H.R. 3590, a bill to amend the Inter- names of the Senator from Montana ployees, and for other purposes. nal Revenue Code of 1986 to modify the (Mr. BAUCUS) and the Senator from Ar- first-time homebuyers credit in the AMENDMENT NO. 2846 kansas (Mrs. LINCOLN) were added as case of members of the Armed Forces At the request of Mr. SANDERS, the cosponsors of amendment No. 3114 in- and certain other Federal employees, name of the Senator from Oregon (Mr. tended to be proposed to H.R. 3590, a and for other purposes. MERKLEY) was added as a cosponsor of bill to amend the Internal Revenue amendment No. 2846 intended to be pro- AMENDMENT NO. 2978 Code of 1986 to modify the first-time posed to H.R. 3590, a bill to amend the At the request of Mr. BEGICH, the homebuyers credit in the case of mem- Internal Revenue Code of 1986 to mod- name of the Senator from Oregon (Mr. bers of the Armed Forces and certain ify the first-time homebuyers credit in MERKLEY) was added as a cosponsor of other Federal employees, and for other the case of members of the Armed amendment No. 2978 intended to be pro- purposes. Forces and certain other Federal em- posed to H.R. 3590, a bill to amend the AMENDMENT NO. 3117 ployees, and for other purposes. Internal Revenue Code of 1986 to mod- At the request of Mr. WYDEN, the AMENDMENT NO. 2847 ify the first-time homebuyers credit in names of the Senator from Louisiana At the request of Mr. SANDERS, the the case of members of the Armed (Ms. LANDRIEU) and the Senator from name of the Senator from Oregon (Mr. Forces and certain other Federal em- Illinois (Mr. BURRIS) were added as co- MERKLEY) was added as a cosponsor of ployees, and for other purposes. sponsors of amendment No. 3117 in- amendment No. 2847 intended to be pro- AMENDMENT NO. 2995 tended to be proposed to H.R. 3590, a posed to H.R. 3590, a bill to amend the At the request of Mr. SCHUMER, the bill to amend the Internal Revenue Internal Revenue Code of 1986 to mod- name of the Senator from Ohio (Mr. Code of 1986 to modify the first-time ify the first-time homebuyers credit in BROWN) was added as a cosponsor of homebuyers credit in the case of mem- the case of members of the Armed amendment No. 2995 intended to be pro- bers of the Armed Forces and certain Forces and certain other Federal em- posed to H.R. 3590, a bill to amend the other Federal employees, and for other ployees, and for other purposes. Internal Revenue Code of 1986 to mod- purposes. AMENDMENT NO. 2848 ify the first-time homebuyers credit in AMENDMENT NO. 3136 At the request of Mr. SANDERS, the the case of members of the Armed At the request of Mr. UDALL of New name of the Senator from Oregon (Mr. Forces and certain other Federal em- Mexico, the names of the Senator from MERKLEY) was added as a cosponsor of ployees, and for other purposes. Oregon (Mr. MERKLEY) and the Senator amendment No. 2848 intended to be pro- AMENDMENT NO. 3037 from Virginia (Mr. WARNER) were added posed to H.R. 3590, a bill to amend the At the request of Mr. JOHNSON, the as cosponsors of amendment No. 3136 Internal Revenue Code of 1986 to mod- name of the Senator from Pennsyl- intended to be proposed to H.R. 3590, a

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13385 bill to amend the Internal Revenue STATEMENTS ON INTRODUCED The folks my office worked with to Code of 1986 to modify the first-time BILLS AND JOINT RESOLUTIONS come to an agreement set aside their homebuyers credit in the case of mem- By Mr. WYDEN: differences and found common ground bers of the Armed Forces and certain S. 2895. A bill to restore forest land- that will prevent that from happening. other Federal employees, and for other scapes, protect old growth forests, and The legislation that we are rolling purposes. manage national forests in the eastside out today, the Oregon Eastside Forests AMENDMENT NO. 3170 forests of the State of Oregon, and for Restoration, Old Growth Protection At the request of Mr. PRYOR, the other purposes; to the Committee on and Jobs Act of 2009, will provide an name of the Senator from Ohio (Mr. Energy and Natural Resources. immediate supply of logs in the short BROWN) was added as a cosponsor of Mr. WYDEN. Mr. President, I rise term to jump-start restoration efforts amendment No. 3170 intended to be pro- today to introduce critical forest legis- and keep our timber mills alive. posed to H.R. 3590, a bill to amend the lation for my home State of Oregon. Job One must be saving our remain- Internal Revenue Code of 1986 to mod- For too many decades, Oregon has ing forest management infrastructure ify the first-time homebuyers credit in been at war with itself over the fate of in central and eastern Oregon while the case of members of the Armed one of our most abundant—and most preserving our old growth and water- Forces and certain other Federal em- threatened—resources, our forests. sheds. ployees, and for other purposes. Nowhere has the negative impact of Over the long term—in 3 years from AMENDMENT NO. 3173 this battle been greater than in Or- its passage to be precise—this legisla- At the request of Mr. MERKLEY, the egon’s eastside forests. tion will also provide the long-term name of the Senator from New York Over-logging and disastrous fire sup- certainty required to restore each of pression policies of the past gave way (Mr. SCHUMER) was added as a cospon- the six Eastside national forests, pro- over time to excessive litigation and sor of amendment No. 3173 intended to tect our most sensitive environmental gridlock. be proposed to H.R. 3590, a bill to assets, and restore countless jobs to With each passing month, our inabil- rural communities. amend the Internal Revenue Code of ity to take action, our inability to ad- 1986 to modify the first-time home- I want to make clear that the road dress the needs of Oregon’s declining ahead is likely to see some challenges. buyers credit in the case of members of forests means that they are growing the Armed Forces and certain other Our coalition will be tested. But I have more at risk of preventable fire and great faith that the decent people who Federal employees, and for other pur- disease. poses. helped to put this bill together will With each passing month and each honor the components of this agree- AMENDMENT NO. 3185 attempted timber sale and threatened ment and will fight to preserve its At the request of Mr. BROWN, the lawsuit, the relationship between the many elements as we move through the names of the Senator from Massachu- environmental community and the process. setts (Mr. KERRY), the Senator from timber industry has grown increasingly I also want to point out that none of Michigan (Ms. STABENOW), the Senator bitter. our efforts will succeed unless Oregon from Massachusetts (Mr. KIRK) and the Each side in these disputes has thor- Federal forests are also adequately Senator from Illinois (Mr. DURBIN) oughly armed itself politically enough funded to properly manage and restore were added as cosponsors of amend- to survive, but never enough to suc- these valuable Federal assets. ment No. 3185 intended to be proposed ceed. Together, we have entered a partner- to H.R. 3590, a bill to amend the Inter- The end result is that today, across ship that goes beyond the four corners nal Revenue Code of 1986 to modify the Oregon’s Federal forest landscape, we of this legislation. Together, as a team, first-time homebuyers credit in the have around 9.5 million acres of we will fight for the funding to put our case of members of the Armed Forces choked, at-risk forest in desperate need people back to work and restore the and certain other Federal employees, of management, and millions of acres of old growth, species habitat, and wa- health of our forests. and for other purposes. Together, we have demonstrated AMENDMENT NO. 3203 tersheds face an uncertain future. Unless something fundamental something that I think my colleagues At the request of Mr. BAYH, the name here in the Senate will appreciate: of the Senator from North Carolina changes, that number and that peril will grow, not shrink, in coming years. working together on a difficult issue is (Mrs. HAGAN) was added as a cosponsor not only possible, it yields far greater of amendment No. 3203 intended to be Today, good and decent people on both sides of these difficult issues have results than working apart. proposed to H.R. 3590, a bill to amend Later today, and tomorrow, I will be the Internal Revenue Code of 1986 to come together with me to craft legislation that will bring peace, jobs, and a sitting down with key members of the modify the first-time homebuyers cred- Obama administration and the timber it in the case of members of the Armed healthier tomorrow to 8.3 million acres of Federal forest in eastern and central industry so that the administration Forces and certain other Federal em- can better understand the peril and op- ployees, and for other purposes. Oregon. Today, for the first time in memory, portunity in Oregon’s Eastside forests. AMENDMENT NO. 3228 timber executives are standing shoul- This is a united front that has not been At the request of Ms. LANDRIEU, the der-to-shoulder with leaders of the Or- witnessed by a White House since the name of the Senator from Hawaii (Mr. egon environmental community to onset of the timber wars. INOUYE) was added as a cosponsor of take shared responsibility for saving It is my hope we will learn to work amendment No. 3228 intended to be pro- our endangered forests. together, we will develop real trust, posed to H.R. 3590, a bill to amend the These folks have been a part of nego- and that we will use these new experi- Internal Revenue Code of 1986 to mod- tiations with my office for over 8 ences to tackle the difficult issues that ify the first-time homebuyers credit in months, and have made difficult con- await us on the west side of the Cas- the case of members of the Armed cessions in order to save our threat- cades. Forces and certain other Federal em- ened Eastside forests. I also want to single out a few indi- ployees, and for other purposes. Today in eastern Oregon we are down viduals who have endured thousands, of AMENDMENT NO. 3240 to only a small handful of surviving hours of difficult work and negotia- At the request of Mr. ROCKEFELLER, mills. Without far greater certainty of tions to reach this point: John Shelk, the name of the Senator from Virginia supply and an immediate increase in president of Ochoco Lumber; Andy (Mr. WARNER) was added as a cosponsor merchantable timber, more mills will Kerr; the American Forest Resource of amendment No. 3240 intended to be close. Council, represented by Heath Heikkila proposed to H.R. 3590, a bill to amend If that happens our Eastside forests and Tom Partin, who spearheaded ne- the Internal Revenue Code of 1986 to will pay the price. gotiations. modify the first-time homebuyers cred- Without mills to process saw logs and I also want to recognize others that it in the case of members of the Armed other merchantable material from for- joined me earlier today to rollout this Forces and certain other Federal em- est restoration projects, there will be legislation Tim Lillebo with Oregon ployees, and for other purposes. no restoration of our Eastside forests. Wild; Tom Insko with Boise Cascade;

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13386 CONGRESSIONAL RECORD — SENATE December 17, 2009 Mary Scurlock, with Pacific Rivers Grants Program established in the That is why I propose to extend the Council; Randi Spivak, with the Na- stimulus by two years, allowing renew- program two years. tional Center for Conservation Science able energy developers to continue This legislation would also level the and Policy; Ben Bendick with the Na- claiming these grants. playing field between public power and ture Conservancy; and Bob Irvin with Section 1603 of the American Recov- for-profit companies by allowing public Defenders of Wildlife. ery and Reinvestment Act established power utilities to receive Treasury I also want to recognize back in the ‘‘payments in lieu of tax credits for Grants for renewable energy projects. State, their colleagues that could not specified energy property’’ in order to Public power utilities serve 45 mil- join me earlier today; Rick Brown with support renewable energy development. lion American consumers, but they are Defenders of Wildlife, Joseph Vaile of The program allows renewable en- currently prohibited from receiving Klamath Siskiyou Wildlands Center, ergy developers to take grants, or pay- grants for their renewable energy de- Steve Pedry with Oregon Wild, and Mi- ments, from the Treasury department velopment. chael Powelson with the Nature Con- instead of claiming tax credits in order The basis for this prohibition is that servancy, as well as the other members to help build projects that require a public power utilities are tax exempt, and mill owners of AFRC. great deal of capital upfront. non-profit corporations owned by local I want to thank my staff, Michele The provision has reduced the impact governments, who therefore have not Miranda, Mary Gautreaux, and Josh of the financial crisis on renewable en- been able to claim tax credits directly Kardon, who gave their nights and ergy development. on their income tax returns. weekends to get us to this point. Before the grants program was estab- But excluding public power from the I am proud to introduce this legisla- lished, most renewable energy devel- grants program does not make sense. tion today, and I am going to keep opers had to partner with profitable Congress created the Treasury grants working with all the folks in my State banks, or ‘‘tax equity partners,’’ in program specifically to assist firms who are willing to talk in good faith order to take advantage of renewable that lacked the ability to claim the about restoring our eastside forests. energy tax incentives. full benefits of renewable energy tax These big financial institutions incentives. By Mrs. FEINSTEIN (for herself would apply tax credits against their If we are going to allow for-profit and Mr. MERKLEY): large profits, taking a cut for them- companies to claim these direct grants, S. 2899. A bill to amend the American selves along the way. why would we exclude our non-profit Recovery and Reinvestment Act of 2009 But in 2008, when financial sector public power utilities? and the Internal Revenue Code of 1986 profits sank, the $8 billion ‘‘tax eq- So leveling the playing field for pub- to provide incentives for the develop- uity’’ market largely evaporated. lic power is fair. ment of solar energy; to the Committee Renewable energy development This provision is also necessary to on Finance. ground to a halt because developers protect our local community utility Mrs. FEINSTEIN. Mr. President, I could not find tax equity partners. companies who want to deploy renew- rise to introduce the Renewable Energy Major players in the space, such as able energy. Incentive Act of 2009, which is cospon- AIG and Lehman Brothers, dis- The federal grants make building re- sored by Senator JEFF MERKLEY. appeared. The banks that still had newable energy projects cost effective This act would extend, expand, and profits began demanding a much higher for rate payers. improve existing tax incentives and cut. Because public power utilities lack grant programs for renewable energy, That’s when Congress stepped in. access to these grants, they are now especially for solar energy. The stimulus created the Treasury frequently establishing complex finan- Provisions of this act are widely sup- Grants, which allow developers to cial arrangements with private devel- ported by public power utilities, envi- claim their tax benefits directly, in- opers in order to build renewable en- ronmental groups, renewable energy stead of partnering with profitable ergy projects that qualify for federal companies, renewable energy industry banks. help. associations, and labor unions. The U.S. wind industry installed 1,649 This is in direct conflict with public These include, for example: the megawatts of new capacity in the third power’s historic, proven business model American Public Power Association; quarter of this year alone, a boost from as a vertically integrated, non-profit. the Solar Energy Industries Associa- the previous two quarters and in excess It requires our cities and towns to tion; the Los Angeles Department of of 2008 levels. Experts credit the Treas- negotiate unnecessarily complex deals Water and Power; the Northern Cali- ury grants program. with Wall Street. fornia Power Agency; the Southern Solar is also getting back on track. Let me give you an example. California Public Power Agency; the For instance, SunEdison used a Treas- Turlock Irrigation District, TID, a Large Public Power Council, LPPC; ury grant in lieu of tax credits to ac- public power utility in my state, de- solar companies including Bright- celerate construction of an 18 mega- cided to build a 137 megawatt wind source, Solyndra, Tessera Solar, and watt photovoltaic array—one of the farm in 2007. Stirling Energy Systems and many largest in the U.S. They wanted to build and own. others. The firm’s CEO told the press: ‘‘That But to make it cost effective, First, the bill would allow renewable could not have been done without this Turlock signed a contract to buy the energy companies to claim grants from program.’’ power, but a tax equity partner would the Treasury department, in lieu of re- The Treasury program is also allow- ‘‘own’’ the project and receive the ben- newable energy tax credits, through ing renewable energy developers to at- efit of the federal production tax cred- 2012 instead of 2010. tract significantly more debt backing it. Second, it would permit public power for projects than would otherwise be The contract was extremely complex utilities to claim these same Treasury possible, according to recent state- and costly, requiring the participation Grants. ments by the managing director of en- of an investment bank to find a tax eq- Third, it expands the solar invest- ergy investments at J.P. Morgan Cap- uity partner, an equity group to be the ment tax credit to include manufac- ital. tax equity partner, legal counsel for turing equipment and solar water heat- But the grants program is set to ex- the equity group, experts to provide ers for commercial and community pire in 2010, far before most utility risk advice and engineering advice to pools. scale solar projects will begin con- the equity group; bond counsel to pro- Finally, it establishes a new tax cred- struction or financial analysts predict vide renewable asset specialists; an op- it for solar companies who consolidate tax equity markets will recover. erator to run the plant for the equity and develop disturbed private land in- If the grant program is not extended, group; and an asset manager, to advise stead of developing our more pristine bank profits will again become the lim- the equity group on the performance of public lands. iting factor on renewable energy devel- the operator. The most significant provision in opment in the U.S., and that makes no After 2 years and millions of dollars this bill would extend the Treasury sense. spent trying to finalize this deal,

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13387 Turlock learned that the supposedly land because it is very difficult, costly, parency in government contracting, I profitable equity partner, American and time intensive to consolidate large recognize and appreciate the steps the International Group, AIG, wasn’t prof- blocks of disturbed private land from administration has taken recently to itable at all. many different owners. improve Federal contracting. Many of AIG backed out and the entire deal This tax credit will financially re- these initiatives originated from legis- collapsed. ward those firms that are willing to go lation I co-authored with Senator After much analysis, Turlock Irriga- through the trouble of land consolida- LIEBERMAN during the last Congress. tion District decided to own and oper- tion, thereby making the increased But no matter how many laws we ate the wind farm, giving up on receiv- burden of private lands development pass or OMB guidance documents are ing any Federal support. more appealing. issued, the effectiveness of our Federal Larry Weis, the General Manager, ex- Over the last few years, the renew- acquisition system depends on a vital plained in a letter to me: able energy industry has grown dra- human component—the acquisition The bottom line is that TID made a busi- matically. workforce. ness decision to forego working with a pri- Last year the U.S. added more new While contract spending has risen vate developer to develop a project, because capacity to produce renewable elec- dramatically, the number of acquisi- the complexity of the deal and the dollars tricity than it did to produce election professionals who help plan, spent to arrange it meant that much of the tricity from natural gas. award, and oversee these contracts has value of the tax credit would go to the eq- A great deal of this growth can be at- been stagnant. With roughly half of the uity partners and not pass through to our tributed to our renewable energy tax current acquisition workforce eligible consumers. Given the facts and the absence policies. of a comparable incentive for consumer- to retire over the next decade, the dif- This legislation, I believe, would con- ficulties of strengthening that work- owned utilities, TID made the best choice it tinue this growth into the future. could under the circumstances, even though force will become increasingly acute. A it means our customers will pay more. By Ms. COLLINS (for herself, well-trained and well-resourced acqui- This legislation is necessary to pre- Mrs. MCCASKILL, and Mr. BEN- sition workforce is critical to keeping vent other public power utilities from NETT): pace with increased Federal spending being forced to make this difficult, un- S. 2901. A bill to improve the acquisi- and much more complex procurements necessary choice. tion workforce through the establish- of services and goods. Public power utilities deserve access ment of an acquisition workforce fel- The two pieces of legislation I am in- to renewable energy incentives com- lows program, and for other purposes; troducing today would help to address parable to those awarded to the private to the Committee on Homeland Secu- these important long-term problems sector, and this legislation will assure rity and Governmental Affairs. that we must solve to make our acqui- that happens. Ms. COLLINS. Mr. President, along sition system healthy again. This legislation also expands the with Senators MCCASKILL and BEN- First, the Acquisition Workforce Im- solar investment tax credit to include NETT, I rise to introduce two bills that provement Act of 2009 would create a manufacturing equipment and solar would lay a strong foundation to im- centrally-managed Government-wide water heaters for commercial and com- prove the Federal acquisition system. Acquisition Management Fellows Pro- munity pools. The first bill, the Acquisition Work- gram that combines both a Master’s The bill would allow equipment that force Improvement Act of 2009, would degree-level academic curriculum and makes solar panels to qualify for the 30 create a federal acquisition manage- on-the-job training in multiple federal percent solar investment tax credit. ment fellows program to develop a new agencies. By partnering with leading Solar panel manufacturing is moving generation of acquisition leaders with universities that have specialized gov- offshore, to Germany and Asia, where government-wide perspective, skills, ernment acquisition programs, the gov- support is considerable. and experience. ernment can attract top-caliber stu- This financial incentive could The second bill, the Federal Acquisi- dents who are interested in pursuing jumpstart solar manufacturing in this tion Institute Improvement Act of 2009, both academic advancement and public country, and could lead to thousands of would institute much-needed organiza- service. new jobs, such as those being created tional clarity to enable the Federal Ac- Compared to the several existing at Solyndra’s new factory in Fremont, quisition Institute, FAI, to fulfill its agency-specific intern programs, this CA. Or those proposed by Applied Ma- mission of facilitating career develop- government-wide program would pro- terials at their proposed facility near ment and strategic human capital vide a unique and much-needed skill Los Angeles. management for the federal acquisition set that we currently do not have in The bill would allow commercial pool workforce. sufficient number, that is, acquisition solar hot water heaters to qualify for The federal acquisition system is professionals with multi-agency and the solar tax credit. under tremendous stress. Between fis- multi-disciplinary training who can Approximately 189,000 commercial cal years 2000 and 2008, acquisition understand and manage government- pools nationwide—at hotels/motels, spending by the Federal Government wide acquisition needs and perspec- health clubs, and schools—use fossil expanded by 163 percent, from $205 bil- tives. fuel or electricity to heat an estimated lion to $539 billion. The rising costs of Considering that interagency acquisi- 27 billion gallons of water. military operations, natural disasters, tion now accounts for approximately 40 If the heating systems were replaced homeland security precautions, and percent of the entire contract spending with solar hot water systems, there other vital programs will drive those and that GAO has designated the man- would be 1.23 million metric tonnes of expenditures to even higher levels in agement of interagency contracting a carbon dioxide emissions avoided annu- the years ahead. high-risk area since 2005, it is without ally. This prodigious level of purchasing question that we need to develop future That is the equivalent of taking creates abundant opportunities for acquisition leaders who can understand 237,000 cars off the road. fraud, waste, and abuse. We have seen government-wide needs and perspec- In California, which has 26 percent of far too many outrageous failures in tives. all commercial pools in the U.S., this government contracting, such as unus- Specifically, the program would in- provision could significantly reduce able trailers for hurricane victims, clude the following: one academic year pollution. shoddy construction of schools and of full-time, on-campus training fol- Finally, the legislation would estab- clinics in Afghanistan, or the installa- lowed by 2 years of on-the-job and part- lish a new tax credit for the purchase, tion of showers in Iraq for our troops time training toward a Masters or consolidation, and use of multiple, 100 that pose electric-shock hazards. These equivalent graduate degree in related acre or less blocks of high solarity, dis- and other failures demand strong steps fields; and a curriculum that would in- turbed private lands for solar develop- to protect taxpayer dollars and deliver clude rotational assignments at three ment. better acquisition outcomes. or more executive agencies covering, Solar developers have focused devel- As a long-time advocate for stronger among other issues, acquisition plan- opment proposals on pristine public competition, accountability, and trans- ning, cost-estimating, formation and

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13388 CONGRESSIONAL RECORD — SENATE December 17, 2009 post-award administration of ‘‘high certification standards; analyzing the Emergency contraception is widely risk’’ contract types, and interagency curriculum to ascertain if all certifi- available at pharmacies throughout contracts. cation competencies are covered or if the U.S. Upon graduation, participants will adjustments are necessary; developing The problem this legislation is meant have completed all required non-agen- career path information for certified to address is that there’s no guarantee cy-specific training courses necessary professionals to encourage retention in that emergency contraception be avail- for a basic contracting officer warrant. government positions; and coordi- able to our servicewomen in the mili- In addition, participants would be re- nating with the Office of Personnel tary. The military health care system quired to enter into a service commit- Management for human capital efforts. includes what is called a basic core for- ment appropriate in length to ensure The administration has identified ac- mulary, which lists the medications the Federal Government receives a quisition workforce development as a that must be stocked at all Depart- proper return on its investment. The pillar for improving acquisition prac- ment of Defense medical facilities, in- service commitment would be no less tices and contract performance. While cluding those overseas. Emergency than one year for each year in the pro- I fully agree with this goal, we need contraception is not currently on the gram, and would require reimburse- specific and concrete action to solve basic core formulary. ment of funds for those who do not suc- this problem. It is also important to re- Consequently, emergency contracep- cessfully complete the program or do member that it took the better part of tion is not systematically and reliably not fulfill the minimum service re- two decades for the acquisition work- available at all medical military facili- quirements. force to reach its current state and ties. It is allowed to be stocked at such It is also important to note that this that it will likely take a similar facilities, so it is available in some program would be less expensive than amount of time to rebuild. places. In that regard, the bill that its current alternative. Typically, ex- My legislation would prompt the sus- Senator SNOWE and I are introducing isting agency career intern programs tained effort necessary to rebuild the today is not a dramatic departure from like those run by DHS or GSA hire in- acquisition workforce. While this will existing practice. terns at GS–5, –7, or –9 level, which take time and investment, I am con- But there is no guarantee that a serv- pays between $33,000 and $66,000, for fident this is a wise investment that icewoman will have access to it. Imme- Washington, DC area. These interns will yield substantial returns. Just diate accessibility is especially impor- also receive benefits and free training think about it, if our better-trained ac- tant in the case of emergency contra- during this internship period. quisition professionals can prevent one ception because it is only effective if The proposed program would not pay failed procurement, it can save the tax- taken within a short window of time. salaries during the training, but unlike payer hundreds of millions of dollars. If Once a pregnancy is established, it the other programs, would award a they can avoid overpaying one percent doesn’t work. graduate degree. Based on market re- of our contract spending, it will save There is no good reason why service- search, this alternative money-saving the taxpayer more than 5 billion each women shouldn’t have the same access arrangement would be able to attract year. The numbers speak for them- to emergency contraception that civil- top-notch candidates with both public selves. ians here in the U.S. have. and academic interests. The Acquisition Workforce Improve- That is just what this legislation Second, the Federal Acquisition In- ment Act and the Federal Acquisition would do. It would guarantee that all stitute Improvement Act of 2009 would Institute Improvement Act are criti- military health care treatment facili- strengthen the Federal Acquisition In- cally needed and both enjoy bipartisan ties stock emergency contraception by stitute, FAI, whose key responsibilities support. I encourage my colleagues to placing that medication on the basic are to promote career development and support them. core formulary. strategic human capital management All servicewomen should be able to for the entire civilian acquisition By Mr. FRANKEN (for himself, have access to emergency contracep- workforce. Ms. SNOWE, Mr. KERRY, Mr. tion in order to prevent unwanted preg- In part due to the lack of organiza- LAUTENBERG, Mr. FEINGOLD, Mr. nancy. The fact that more than 2,900 tional clarity and the disproportionate MENENDEZ, Mr. DURBIN, Mrs. sexual assaults were reported last year funding compared to its counterpart in GILLIBRAND, Mrs. FEINSTEIN, in the military only heightens the need the Department of Defense, the FAI Mrs. BOXER, Mrs. MCCASKILL, to ensure emergency contraception is has remained largely underutilized. Mr. HARKIN, and Mr. SCHUMER); always available. The proposed legislation would estab- S. 2904. A bill to amend title 10, This is legislation that has been en- lish a clear line of responsibility and United States Code, to require emer- dorsed by a wide range of organizations accountability for the Institute by re- gency contraception to be available at both in Minnesota and nationally. quiring that the Federal Acquisition all military health care treatment fa- I hope that my colleagues will join Institute, through its Board of Direc- cilities; to the Committee on Armed me in supporting this commonsense tors, directly reports to the Office of Services. legislation. I thank Senator SNOWE for Federal Procurement Policy; the direc- Mr. FRANKEN. Mr. President, the joining me in introducing this bill, and tor of FAI be appointed by the OFPP Compassionate Care for Servicewomen I thank all my colleagues who have Administrator and report directly to Act, which I am introducing today signed on as cosponsors. the Associate Administrator for Acqui- with my friend and colleague, Senator Mr. President, I ask unanimous con- sition Workforce at OFPP. SNOWE, is a straightforward but vital sent that the text of the bill and a list All existing civilian agency training piece of legislation. It would ensure of supporters be printed in the RECORD. programs fall under the purview of that servicewomen in our military There being no objection, the mate- FAI. This would ensure consistent have reliable and timely access to rial was ordered to be printed in the training standards necessary to de- emergency contraception when they RECORD, as follows: velop uniform core competencies; and need it. S. 2904 the OFPP Administrator would be re- Emergency contraception, or Plan B Be it enacted by the Senate and House of Rep- quired to report annually to Congres- as it is more commonly known under resentatives of the United States of America in sional committees of jurisdiction pro- its brand name, is Food and Drug Ad- Congress assembled, jected budget needs and expense plans ministration-approved medication that SECTION 1. SHORT TITLE. of FAI to fulfill its statutory mandate. prevents pregnancy. It is safe and, if This Act may be cited as the ‘‘Compas- With respect to its core government- taken shortly after pregnancy, highly sionate Care for Servicewomen Act’’. wide functions, FAI would be required effective. Since 2006, the FDA has ap- SEC. 2. REQUIREMENT TO MAKE AVAILABLE to provide and keep current govern- proved it for over-the-counter sale. EMERGENCY CONTRACEPTION AT ALL MILITARY HEALTH CARE ment-wide training standards and cer- Currently, women 17 years old and TREATMENT FACILITIES. tification requirements including—en- older may purchase emergency contra- Section 1074g(a) of title 10, United States suring effective agency implementa- ception over the counter, while those Code, is amended by adding at the end the tion of government-wide training and younger require a prescription. following new paragraph:

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13389 ‘‘(9)(A) Emergency contraception in drug American Association of University self-employed individuals that depend form shall be included on the basic core for- Women so heavily on the business meal to con- mulary of the uniform formulary, notwith- National Coalition against Domestic Vio- duct business. Small companies often standing any provision of law or regulation lence use restaurants as ‘‘conference space’’ requiring that only drugs ordered or pre- American Civil Liberties Union scribed by a physician (or other authorized American College of Obstetricians and to conduct meetings or close deals. provider) may be included in the uniform Gynecologists Meals are their best, and sometimes formulary. Emergency contraception in American Association of University only, marketing tool. Certainly, an in- other than drug form may also be included Women crease in the meal and entertainment on the basic core formulary, notwith- American Society for Reproductive Medi- deduction would have a significant im- standing any such provision. cine pact on a small businesses bottom line. Center for Reproductive Rights ‘‘(B) Nothing in subparagraph (A) may be In addition, the effects on the overall construed to require emergency contracep- National Council of Jewish Women tion to be covered under the pharmacy bene- National Family Planning & Reproductive economy would be significant. fits program. Health Association (NFPRHA) Accompanying my statement is the ‘‘(C) Notwithstanding paragraph (4), prior National Organization for Women National Restaurant Association’s, authorization shall not be required for emer- National Partnership for Women & Fami- NRA, State-by-State chart reflecting gency contraception. Nothing in the pre- lies the estimated economic impact of in- ceding sentence may be construed as waiving Planned Parenthood Federation of Amer- ica creasing the business meal deduct- any provision of the Federal Food, Drug, and ibility from 50 percent to 80 percent. Cosmetic Act (21 U.S.C. 301 et seq.) or any Population Connection other provision of law administered by the Religious Coalition for Reproductive The NRA estimates that an increase to Food and Drug Administration, including Choice 80 percent would increase business rules and orders of such Administration in Reproductive Health Technologies Project meal sales by $6 billion and create an effect at any time under such Act or other Speaking Out Against Rape (SOAR) $18 billion increase to the overall econ- National Women’s Law Center provisions of law. National Research Center for Women and omy. ‘‘(D) In this paragraph, the term ‘emer- I urge my colleagues to join me in co- gency contraception’ means a drug, drug reg- Families imen, or device that is— sponsoring this important legislation. ‘‘(i) approved by the Food and Drug Admin- By Mr. INOUYE: Mr. President, I ask unanimous con- istration to prevent pregnancy; and S. 2905. A bill to amend the Internal sent that the text of the bill and a ‘‘(ii) used postcoitally.’’. Revenue Code of 1986 to repeal the re- State-by-State chart be printed in the duction in the deductible portion of ex- RECORD. MINNESOTA AND NATIONAL ORGANIZATIONS penses for business meals and enter- There being no objection, the mate- THAT HAVE ENDORSED THE COMPASSIONATE tainment; to the Committee on Fi- rial was ordered to be printed in the CARE FOR SERVICEWOMEN ACT nance. RECORD, as follows: MINNESOTA Mr. INOUYE. Mr. President, today I NARAL Pro-Choice Minnesota rise to introduce legislation to repeal S. 2905 Minnesota Nurses Association the current 50 percent tax deduction Be it enacted by the Senate and House of Rep- Minnesota Medical Association for business meals and entertainment resentatives of the United States of America in Planned Parenthood Minnesota, North Da- Congress assembled, kota, South Dakota expenses, and to restore the tax deduc- Minnesota Indian Women’s Sexual Assault tion to 80 percent for all taxpayers. In SECTION 1. REPEAL OF REDUCTION IN BUSINESS Coalition MEALS AND ENTERTAINMENT TAX 1986, the Congress reduced the allow- DEDUCTION. Minnesota Coalition Against Sexual As- able tax deduction for business meals (a) IN GENERAL.—Section 274(n)(1) of the sault and entertainment from 100 percent to Sexual Violence Center Internal Revenue Code of 1986 (relating to Minnesota National Organization for 80 percent. In 1993, the Congress again only 50 percent of meal and entertainment Women reduced the deduction to 50 percent. expenses allowed as deduction) is amended Pro Choice Resources Restoration of this deduction is essen- by striking ‘‘50 percent’’ and inserting ‘‘80 Midwest Health Center for Women tial to the livelihood of small and inde- percent’’. Religious Coalition for Reproductive pendent businesses as well as the food (b) CONFORMING AMENDMENT.—Section Rights service, travel, tourism, and entertain- 274(n) of the Internal Revenue Code of 1986 is NATIONAL ment industries throughout the United amended by striking paragraph (3). NARAL Pro-Choice America States. These industries are being eco- (c) CLERICAL AMENDMENT.—The heading for SWAN: Servicewomen’s Action Network nomically harmed as a result of the 50 section 274(n) of the Internal Revenue Code of 1986 is amended by striking ‘‘ONLY 50 PER- National Council of Women’s Organiza- percent tax deduction. tions (NCWO) CENT’’ and inserting ‘‘PORTION’’. At a time when the nation is getting National Partnership for Women and Fam- (d) EFFECTIVE DATE.—The amendments ilies back on a stronger economic footing, made by this section shall apply to taxable Women’s Research & Education Institute the legislation is particularly critical years beginning after December 31, 2009. (WREI) especially for the small businesses and ESTIMATED IMPACT OF INCREASING BUSINESS MEAL DEDUCTIBILITY FROM 50% TO 80%

Increase in Busi- ness Meal Spend- Total Economic Total Employment State ing 50% to 80% Impact In the Impact In the Deductibility State State (number of (in millions) (in millions) jobs created)

Alabama ...... $77 $155 $2,464 Alaska ...... 17 29 401 Arizona ...... 118 235 3,125 Arkansas ...... 43 87 1,451 California ...... 767 1,797 20,868 Colorado ...... 114 264 3,328 Connecticut ...... 71 133 1,624 Delaware ...... 19 35 402 District of Columbia ...... 31 43 254 Florida ...... 368 745 9,746 Georgia ...... 193 446 5,642 Hawaii ...... 44 86 1,154 Idaho ...... 24 47 799 Illinois ...... 256 610 7,207 Indiana ...... 117 241 3,712 Iowa ...... 47 95 1,544 Kansas ...... 46 92 1,314 Kentucky ...... 78 158 2,266 Louisiana ...... 81 158 2,374 Maine ...... 24 46 709 Maryland ...... 113 235 2,750 Massachusetts ...... 161 324 3,884 Michigan ...... 171 341 5,272 Minnesota ...... 105 240 3,270

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Increase in Busi- ness Meal Spend- Total Economic Total Employment State ing 50% to 80% Impact In the Impact In the Deductibility State State (number of (in millions) (in millions) jobs created)

Mississippi ...... 41 78 1,340 Missouri ...... 115 256 3,512 Montana ...... 20 39 682 Nebraska ...... 31 64 1,048 Nevada ...... 71 127 1,703 New Hampshire ...... 29 53 653 New Jersey ...... 170 367 4,139 New Mexico ...... 37 66 1,079 New York ...... 379 751 8,855 North Carolina ...... 176 371 5,435 North Dakota ...... 11 20 333 Ohio ...... 217 466 6,978 Oklahoma ...... 60 127 2,016 Oregon ...... 82 169 2,274 Pennsylvania ...... 212 478 6,311 Rhode Island ...... 24 45 598 South Carolina ...... 87 179 2,689 South Dakota ...... 14 27 458 Tennessee ...... 121 272 3,531 Texas ...... 477 1,164 14,109 Utah ...... 41 92 1,375 Vermont ...... 11 19 288 Virginia ...... 157 331 4,155 Washington ...... 129 279 3,419 West Virginia ...... 28 47 830 Wisconsin ...... 100 210 3,399 Wyoming ...... 10 16 293 Source: National Restaurant Association estimates, 2009.

By Mr. FEINGOLD (for himself, the very beginning of the year. Section Congress and presidential candidates, Mr. MCCAIN, and Mr. 601 dealt with campaign travel for both the FEC has carved a loophole in the LIEBERMAN): House and Senate candidates by statute for travel by candidates on be- S.J. Res. 23. A joint resolution dis- amending the Federal Election Cam- half of someone other than their own approving the rule submitted by the paign Act, ‘‘FECA’’. campaigns. No one in the House or the Federal Election Commission with re- Both the House and the Senate have Senate contemplated this exception spect to travel on private aircraft by been living under these new rules for when the bill was passed. No one dis- Federal candidates; to the Committee over two years. No House member has cussed it. No one considered it. The on Rules and Administration. flown on a corporate jet, as far as we FEC just made it up. Now we in Con- Mr. FEINGOLD. Mr. President, the know. Senators, whether they were gress have no choice but to take action very first bill debated on the floor of traveling in personal, official, or cam- to correct it if the FEC refuses to do the Senate after the 2006 elections was paign capacity, and regardless of who so. S. 1, the Honest Leadership and Open was paying for the trip, have flown on We cannot let a lawless agency un- Government Act of 2007, HLOGA. them only if they were prepared to pay dermine our effort to police ourselves, About 9 months later, President Bush the charter rate for these trips. Presi- to end a practice that exposed Congress signed that bill into law as Public Law dential candidates in the last campaign to public criticism and even ridicule. Number 110–81. It was the most sweep- abided by the new rules as well. Some Senators and House members ing ethics reform legislation since Wa- Because HLOGA made amendments may have agreed to kick the corporate tergate, and it passed both houses of to the FECA on this issue, the FEC jet habit reluctantly, but they have Congress by a wide margin—the final started a rulemaking shortly after its learned to live with it. There is no need votes were 411–8 in the House and 83–14 enactment to implement the new pro- for the loophole the FEC has opened. It in the Senate. vision. But at the end of 2007, just as is contrary to the statutory language The new law contained, among many the agency was poised to put new regu- and to the legislative history. It must other provisions, significant reforms to lations in place, the terms of several be closed. the lobbying disclosure laws, a tough recess-appointed Commissioners ex- So today, I will introduce, along with new prohibition on gifts from lobby- pired. A stalemate ensued that left the my colleagues from Arizona, Con- ists, improvements to the revolving agency without a quorum to do busi- necticut, and New York, Senators door rules, and new restrictions on pri- ness until the summer of 2008. Once a MCCAIN, LIEBERMAN, and SCHUMER, all vately funded fact-finding trips. It also full slate of Commissioners was in of whom played a key role in the enact- contained new rules on personal, offi- place, the agency deadlocked on ment of HLOGA, a resolution of dis- cial, and campaign travel on non-com- issuing final regulations. The three approval under the Congressional Re- mercial aircraft, often known as ‘‘cor- new Republican commissioners refused view Act. This resolution, if passed by porate jets.’’ Prior to HLOGA, mem- to sign off on the rules that the Com- the House and signed by the President, bers who flew on corporate jets, often mission had been prepared to adopt in will send the FEC back to the drawing accompanied by corporate lobbyists, December 2007. The deadlock was re- board. After a rebuke of this kind, one were required to reimburse the owner solved only a few weeks ago, when a can only hope that the Commission of the aircraft only the amount that Democratic Commissioner reluctantly will craft a regulation that does not so they would have paid to fly first class agreed to go along with modifications completely ignore the letter and spirit between the origin and destination of that the Republicans proposed. See of the provision we passed in HLOGA. the flight. HLOGA provided that Sen- Statement of Chairman Steven T. Let me take a minute to explain ators and presidential candidates Walther, Campaign Travel Regulations, what the FEC has done and what it would have to reimburse such travel at Nov. 19, 2009. The new rule was pub- must do to correct its error. The new the charter rate. House members were lished in the Federal Register on De- regulation takes the position that the prohibited from flying on non-commer- cember 7, 2009. Federal Election Com- key fact in determining what rate cial aircraft altogether. mission, Notice 2009–27, Campaign must be paid for a corporate jet flight Because Senators travel in different Travel, 74 Fed. Reg. 63951, Dec. 7, 2009. is not who is flying, but who is paying capacities, HLOGA addressed the issue I will put this as simply as I can. The for the flight. The explanation and jus- in separate sections. Section 544(c) of new FEC rule relating to travel on non- tification, ‘‘E&J’’, adopted by the com- the bill amended the Senate Rules commercial aircraft is an outrage. mission states: XXXV and XXXVIII to address official Rather than respecting the intent of [W]hen a presidential, vice-presidential, or and personal travel by Senators. The Congress in HLOGA to address all trav- Senate candidate, or a representative of the House had already amended its rules at el on corporate jets by members of candidate, is traveling on behalf of another

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13391 political committee (such as a political ments from the floor debate on HLOGA sional explanation of the legislative intent party committee or Senate leadership PAC, that show beyond any doubt that the with respect to the provisions in question, rather than on behalf of the candidate’s own corporate jet provisions were intended the lessons learned from the experience of authorized committee, the reimbursement to apply to all travel on corporate jets the March 2001 disapproval of the OSHA for that travel is the responsibility of the po- ergonomics rule, and the application of per- litical committee on whose behalf the travel by Senators without regard to who is tinent case law and statutory construction occurs. If the political committee is other reimbursing the jet owner. One Senator principles suggests that (1) It is doubtful than an authorized committee or House can- said the following: that Congress intended that all disapproved didate’s leadership PAC, then the appro- I understand that for many Members, these rules would require statutory reauthoriza- priate reimbursement rate for that political jets are an issue of convenience. They allow tion before further agency action could take committee is set forth in new 11 CFR us to get home to our constituents, to our place. For example, it appears that Congress 100.93(c)(3), discussed below. In such cases, families, and to the events that are often anticipated further rulemaking, without new the presidential, vice-presidential, or Senate necessary for our jobs. But in November, the authorization, where the statute in question candidate or candidate’s representative, is American people told us very clearly they established a deadline for promulgating im- treated the same as any other person trav- are tired of the influence special interest plementing rules in a particular area. In eling on behalf of the political committee. wields over the legislative process. The vast such instances, the CRA extends the deadline 74 Fed. Reg. at 63955. That rate for majority of Americans can’t afford to buy for promulgation for one year from the date cheap rides on corporate jets. They don’t get such a trip, under an FEC regulation of disapproval. (2) A close reading of the to sit with us on 3-hour flights and talk statute, together with its contemporaneous promulgated in 2003, is the first class about the heating bills they can’t pay, or the congressional explication, arguably provides rate unless regularly scheduled com- health care costs that keep rising, or the workable standards for agencies to reform mercial air service is not available be- taxes they can’t afford, or their concerns disapproved regulations that are likely to be tween the origin and the destination of about college tuition. They can’t buy our at- taken into account by reviewing courts. the flight. The E&J also reiterates that tention, and they shouldn’t have to. And the Those standards would require a reviewing leadership PACs of Senators and Presi- corporation lobbyists shouldn’t be able to ei- court to assess both the nature of the rule- ther. That is why we need to end this cor- making authority vested in the agency that dential candidates can continue to pay porate jet perk if we are to pass real, mean- the first class rate, even for the can- promulgated the disapproved rule and the ingful ethics reform. specificity with which the Congress identi- didates themselves. Cong. Rec. at S263, Jan. 9, 2007. The fied the objectionable portions of a rule dur- In addition, although House leader- speaker of those words, which make ing the floor debates on disapproval. An im- ship PACs are prohibited from taking plain that the intent of the provision portant factor in a judicial assessment may advantage of this loophole, the E&J was to completely eliminate subsidized be the CRA’s recognition of the continued ef- makes clear that House candidates can travel on corporate jets, was then-Sen- ficacy of statutory deadlines for promul- do so if they are traveling on behalf of gating specified rules by extending such ator Barack Obama. This strongly sug- a political party committee or a Sen- deadlines for one year after disapproval. gests that the President of the United ate or presidential candidate, even Congressional Research Service, Con- States will sign the resolution of dis- though they are otherwise completely gressional Review of Agency Rule- approval once we pass it. prohibited from traveling on a cor- Notwithstanding my strong feelings making: An Update and Assessment of porate jet. The loophole seems to apply about the part of the FEC rule I have The Congressional Review Act after a to House members even if they are just discussed, significant portions of Decade, RL30116, May 8, 2008, at 30. traveling on behalf of a corporate PAC. the rule are unexceptional. The intent Rosenberg notes that the fact that In a recent article in the Capitol Hill of this resolution of disapproval under Congress specifically provided in the newspaper Roll Call, FEC Commis- the Congressional Review Act is solely CRA for a one year extension of any sioner Matthew Peterson attempted to to reverse the FEC’s decision to open a statutory deadline for a rule that has explain the FEC’s decision. He argues loophole in the requirements for cor- been overturned by the CRA shows that that the loophole is compelled by the porate jet travel by members of Con- Congress did not intend to disable an statutory language, which is struc- gress and their staffs. So we do not in- agency from issuing regulations on the tured to prohibit an expenditure for tend to disable the FEC from putting same topic. Indeed, a Joint Explana- any flight by a Senate candidate or the out a new regulation, only from includ- tory Statement by the principal spon- candidate’s authorized committee un- ing a gaping loophole in it. sors of the CRA in the House and Sen- less the charter rate is paid for that I note this because the Congressional ate states the following: flight. This interpretation ignores spe- Review Act only allows Congress to The authors intend the debate on any reso- cific language in section 601 that re- disapprove, and therefore make ineffec- lution of disapproval to focus on the law that quires payment of the charter rate by tive, an entire regulation. It states authorized the rule and make the congres- ‘‘the candidate, the authorized com- sional intent clear regarding the agency’s that the agency may not promulgate a options or lack thereof after enactment of a mittee, or other political committee’’ rule that is ‘‘substantially the same’’ and the lack of any language in the joint resolution of disapproval. It will be the as the old one without new congres- agency’s responsibility in the first instance statute or the legislative history sug- sional authorization. I want to be clear when promulgating the rule to determine the gesting that Congress meant to leave that the loophole created by the FEC’s range of discretion afforded under the origi- open a way for Senators to travel on recent rule is so significant that a rule nal law and whether the law authorizes the corporate jets without paying the char- that is otherwise identical to the en- agency to issue a substantially different ter rate. tire campaign travel regulation, but rule. Then, the agency must give effect to Moreover, it ignores the clear intent that does not contain the loophole that the resolution of disapproval. of the two provisions of HLOGA con- this resolution is designed to dis- Joint Explanatory Statement of cerning travel on private aircraft—to approve, should not be considered to be House and Senate Sponsors, 142 Cong. prohibit all corporate jet flights by ‘‘substantially the same’’ as the pre- Rec. E 571, at E 577, daily ed. April 19, Senators unless the charter rate is vious rule, even though other portions 1996; 142 Cong. Rec. S 3683, at S 3686 paid. There are literally more than a of that rule may be re-promulgated un- daily ed. April 18, 1996. It is the intent dozen statements by supporters of the changed. of this resolution of disapproval to in- bill that make this intent clear. The The Congressional Review Act has validate the loophole that the FEC cre- FEC chose to ignore the clear purpose only once been successfully used to ated in the E&J, but not to disable the of the bill in favor of a strained inter- overturn an agency regulation. Thus, FEC from issuing a new rule that prop- pretation of the statutory language there is little experience to fall back erly implements Congress’s intent in that flies in the face of that purpose. on to determine the consequences for passing HLOGA. That is unacceptable. The FEC’s duty future agency action of a successful My displeasure with the actions of is to implement the statute as Con- disapproval resolution. Morton Rosen- the FEC over the past 7 years is well gress intended it. Its job is to give berg, a long time analyst at the Con- known. The agency has repeatedly guidance to candidates and others who gressional Research Service, includes failed to properly implement provi- want to follow the law, not to provide the following useful analysis in his 2008 sions of the Bipartisan Campaign Re- a roadmap for evading it. assessment of the CRA: form Act, BCRA, leading to its regula- For the convenience of my col- A review of the CRA’s statutory scheme tions being overturned by the courts leagues, my staff has collected state- and structure, the contemporaneous congres- numerous times. Indeed, because of the

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13392 CONGRESSIONAL RECORD — SENATE December 17, 2009 agency’s dismal record in the courts, It would be one thing if Congressmen and hibits that as well. This is what the Amer- some important BCRA regulations are Senators paid the full rate for these flights, ican people have been calling for. There are but we don’t. We get a discount—a big dis- no loopholes or ambiguities here. Politicians still not in place 71⁄2 years after BCRA’s enactment. But the FEC’s recent account. Right now a flight on a corporate jet flying on private planes for cheap will be a usually costs us the equivalent of a first- thing of the past if we can get this provision tion on corporate jets may be its worst class ticket on a commercial airplane. But if into the bill. Senator Reid’s amendment in- yet. Congress passed HLOGA with wide we paid the real price, the full charter rate cludes a tough corporate jet provision. I am bipartisan support and clear intent. Be- would cost us thousands upon thousands of pleased to support that portion of the cause of the FEC’s failure to issue rules dollars more. amendment. This is a big deal, and I com- promptly, members of Congress have In a recent USA Today story about use of mend the majority leader for taking this been living under the terms of the stat- corporate jets, it was reported that over the step. [Cong. Rec. S267] ute alone with no misunderstanding of course of 3 days in November 2005, Sen. Lieberman, 1/10/2007 BellSouth’s jet carried six Senators and what it means. And yet, over two years I am also very pleased that the majority their wives to various Republican and Demo- leader has included in this amendment that after its enactment, the FEC has now cratic fundraising events in the Southeast. If I referred to an additional amendment, a created an unnecessary and wholly un- they had paid the full charter rate, it would strong provision on the use of corporate jets. justified loophole in the statute. Con- have cost the Democratic and Republican This is a controversial, difficult matter. It is campaign committees more than $40,000. But gress must act to correct this egre- an issue that Senators McCain, Feingold, because of the corporate jet perk, it only gious mistake. Obama, and I wanted to pursue last year cost a little more than $8,000. I urge my colleagues to support this when we took this up essentially in its pred- There is going to be a lot of talk in the resolution of disapproval. ecessor form, but we were unable to do so coming days about how important it is to Mr. President, I ask unanimous con- once cloture was reached on the bill because ban free meals and fancy gifts, and I couldn’t the amendment was determined to be non- sent that a collection of quotations agree more, but if we are going to go ahead germane. concerning corporate jet provisions of and call a $50 lunch unethical, I can’t see Under current law this is the reality. When HLOGA be printed in the RECORD. why we wouldn’t do the same for the $32,000 a Member of Congress or a candidate for Fed- There being no objection, the mate- that BellSouth is offering in the form of air- eral office uses a private plane instead of fly- plane discounts. That is why I applaud Sen- rial was ordered to be printed in the ing on a commercial airline, the ethics rules, ator Reid on his amendment to require Mem- RECORD, as follows: as well as the Federal Election Commission bers to pay the full charter rate for the use SELECTED STATEMENTS CONCERNING TRAVEL rules, require a payment to the owner of the of corporate jets. ON CORPORATE JETS FROM 2007 DEBATE ON plane equivalent to a first-class commercial As I said, I understand that for many Mem- HLOGA ticket. The current rules undervalue flights bers, these jets are an issue of convenience. on noncommercial jets and provide, in effect, Sen. Reid, 1/4/2007 They allow us to get home to our constitu- a way for corporations and individuals to Another critical aspect requiring reform is ents, to our families, and to the events that give benefits to Members beyond the limits the ability of a Member to travel on a cor- are often necessary for our jobs. But in No- provided for in our campaign finance laws. porate jet and only pay the rate of a first vember, the American people told us very The Reid amendment would eliminate that class plane ticket. This bill requires Sen- clearly they are tired of the influence special loophole by requiring that the reimburse- ators and their employees who use corporate interest wields over the legislative process. ment be based on the comparable charter or charter aircraft to pay the fair market The vast majority of Americans can’t afford rate for a plane. [Cong. Rec. S320] value for that travel. While I appreciate that to buy cheap rides on corporate jets. They such a change is not popular with some of don’t get to sit with us on 3–hour flights and Sen. Sanders, 1/16/2007 my colleagues, the time has come to fun- talk about the heating bills they can’t pay, Members of Congress do not need free damentally change the way we do things in or the health care costs that keep rising, or lunches from lobbyists. Members of Congress this town. Much of the public views our abil- the taxes they can’t afford, or their concerns do not need free tickets to ball games. And ity to travel on corporate jets, often accom- about college tuition. They can’t buy our at- they do not need huge discounts for flights panied by lobbyists, while only reimbursing tention, and they shouldn’t have to. And the on corporate jets. Congress does need trans- the first-class rate, as a huge loophole in the corporation lobbyists shouldn’t be able to ei- parency in earmarks and holds, and we do current gift rules. And they are right—it is. ther. That is why we need to end this cor- need a new policy regarding the revolving I have no doubt that the average American porate jet perk if we are to pass real, mean- door by which a Member one year is writing would love to fly around the country on very ingful ethics reform. [Cong. Rec. S263–4] a piece of legislation and the next year finds comfortable corporate-owned aircraft and Sen. Feingold, 1/9/2007 himself or herself working for the company only be charged the cost of a first-class tick- that benefited from the legislation he or she When I introduced my lobbying reform bill et. It is a pretty good deal we have got going wrote. In other words, we need to pass the back in July 2005, it included a provision adhere. We need to face the fact that the time strongest ethics reform bill possible. But in dressing the abuse of Members flying on cor- has come to end this Congressional perk. passing this legislation, we need to under- porate jets. At that time, I have to say, it [Cong. Rec. S186] stand this is not the end of our work but, seemed like a fantasy that we would actually rather, it is just the beginning, and much Sen. Obama, 1/9/2007 pass such a provision. I heard complaint more needs to be done. [Cong. Rec. S553] The second area in which we need to go after complaint about it, that we shouldn’t further is corporate jets. Myself and Senator do it. Sen. Reid, 1/16/2007 Feingold introduced a comprehensive ethics Slowly but surely, many people have come Let me say a word about corporate jets. bill that, among other things, would close around to where the public is: Corporate jet The State of Nevada is very large areawise. the loopholes that allow for subsidized travel travel is a real abuse. Sure, it is convenient, The cities of Las Vegas and Reno are sepa- on corporate jets. Today, I am very pleased but it is based on a fiction—that the fair rated by about 450 miles. There is good trav- to see the majority leader has offered an market value of such a trip is just the cost el between those two cities. But to get amendment that would serve the same pur- of a first class ticket. And when that fiction around the rest of the State is not easy. pose. I fully support him in his effort. is applied to political travel, it creates a When you travel from Las Vegas to Reno, I Let me point out that I fully understand loophole in the ban on corporate contribu- again say it is easy. But then let’s say you the appeal of corporate jets. Like many of tions that we have had in this country for want to go to Elko. By Nevada standards, it my colleagues, I traveled a good deal re- over a century. Any legislation on corporate is a pretty large city. Going on a commercial cently from Illinois to Washington, from jets must include campaign trips as well as airplane, it is very, very, very difficult, and Chicago to downstate, from fundraisers to official travel because one thing is for cer- to go to Ely is next to impossible. These two political events for candidates all across the tain—the lobbyist for the company that pro- cities, both important in their own right, country. I realize finding a commercial vides the jet is likely to be on the flight, have required on a number of occasions call- flight that gets you home in time to tuck in whether it is taking you to see a factory ing upon people you know who have an air- the kids at the end of a long day can be ex- back home or a fundraiser for your cam- plane to take us up there. tremely difficult. This is simply an unfortu- paign. Under the old rules, you could pay first- nate reality that goes along with our jobs. Our bill does that. It covers all of the pos- class travel. An example of that is Senator Yet we have to realize these corporate jets sible uses of corporate jets, and amends all of Ensign and I, last August, had to go to Ely. don’t simply provide a welcome convenience the Senate rules needed to put in place a It was extremely important. We were work- for us; they provide undue access for the lob- strong reform, and the Federal election laws ing on a piece of legislation that has since byists and corporations that offer them. as well. From now on, if you want to fly on passed. We wanted to sit down in person and These companies don’t just fly us around out a corporate jet, you will have to pay the talk to the people in Ely about what we were of the goodness of their hearts. Most of the charter rate. And these flights shouldn’t be doing. time we have lobbyists riding along with us an opportunity for the lobbyist or CEO of the For us to get there was very difficult. The so they can make their company’s case for a company that owns the jet to have several time factor was significant. To drive up and particular bill or a particular vote. hours alone with a Senator. Our bill pro- back is 2 days, 1 day up, 1 day back. It was

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00050 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13393 complicated by the fact that Senator Ensign most sweeping ethics and lobbying reform in candidates or candidates’ immediate family had a longstanding engagement in Reno. To a generation. We did it with the help of the members (or non-public corporations in go from Ely to Reno—it is hard to get there. minority. I do not say that lightly. But let’s which the Senator or his or her immediate If you drive very fast, you can make it in 6 see what is in this bill. Let’s review it for a family member has an ownership interest). hours. So I called a friend of mine, Mike En- bit to find out what this bill does. The bill prohibits candidates for the House of sign, Senator Ensign’s father. This good man It prohibits lobbyists and entities that hire Representatives from any campaign use of has done very well in the business world. He lobbyists from giving gifts to lawmakers and privately-owned, non-chartered jets. is a man with limited education but a great their staffs. It prevents corporations and Many candidates are not accustomed to de- mind. He started out working in somewhat other entities that hire lobbyists from pay- termining charter rates. The FEC may, dur- menial jobs in the gaming industry. He ing for trips for Members or staffs. And it ing a transition period of no more than 60 worked his way up. He became a dealer, a pit prohibits lobbyists from participating in or days, deem reimbursement at current rates boss, a shift boss, and then Mike Ensign paying for any such trips. It requires Sen- to be charter rates while committees deter- moved into the corporate world and became ators to pay fair market value prices for mine how to calculate charter rates. [Cong. an executive and then ultimately started charter flights, which put an end to the Rec. S10713] buying hotel properties himself and has done abuses of corporate travel. f Many people in this Chamber flew in cor- very well. He is the principal officer and SUBMITTED RESOLUTIONS owner of Mandalay Bay, a huge company. It porate jets and paid first-class airfare. That is the second largest hotel-casino operator in did not corrupt any Members of Congress, but it was corrupting. It didn’t look right, the country. I called him and I said: Mike, SENATE RESOLUTION 377—CON- with one of your airplanes, can you fly me and therefore it is important it be stopped. and your son to Ely? And I hope it stopped. We need legislation to GRATULATING THE UNIVERSITY He is a wonderful man, just the greatest make sure it is stopped. [Cong. Rec. S8400] OF NORTH CAROLINA TAR guy. He said: Sure, I will be happy to do that. Sen. Klobuchar, 7/31/2007 HEELS FOR WINNING THE 2009 And he did that. He is an example of the type This ethics bill, as many outside groups NATIONAL COLLEGIATE ATH- of people we have called upon for these air- have stated, is the most sweeping ethics re- LETIC ASSOCIATION FIELD planes. form we have seen since Watergate. It is HOCKEY NATIONAL I tell this story. I have used these air- about banning gifts and free meals. It is CHAMPIONSHIP– planes a lot because I live in Nevada and be- about not allowing people to take advantage cause of other duties I have here. The reason Mrs. HAGAN (for herself and Mr. of corporate jets. It is about bringing trans- I tell the Mike Ensign story is because Mike BURR) submitted the following resolu- parency to the earmark process. [Cong. Rec. Ensign doesn’t want anything from me. S10401] tion; which was referred to the Com- There isn’t a thing in the world I can give mittee on the Judiciary: Sen. Obama, 8/2/2007 this man. He is famous, he is rich, he has a S. RES. 377 wonderful family. I can’t do anything to help In January, I came back with Senator Whereas on November 22, 2009, the Univer- Mike Ensign. He did this because he is my Feingold, and we set a high bar for reform. I sity of North Carolina defeated the Univer- friend. am pleased to report that the bill before us Most every—I should not say most. For today comes very close to what we proposed. sity of Maryland by a score of 3-2 to win the every airplane I fly on, of course I don’t have By passing this bill, we will ban gifts and 2009 National Collegiate Athletic Association the relationship with them that I have with meals and end subsidized travel on corporate (NCAA) Field Hockey National Champion- ship; Mike Ensign, but I want everyone who has jets; we will close the revolving door between Whereas the University of North Carolina allowed me to use their airplanes to know I Pennsylvania Avenue and K Street; and we Tar Heels finished the season with an overall am not in any way denigrating them. They will make sure the American people can see record of 20-2, and an Atlantic Coast Con- have done this out of the goodness of their all the pet projects lawmakers are trying to ference (ACC) regular season record of 4–1; heart. I have never had anyone say: I will pass before they are actually voted on. Whereas the University of North Carolina’s give you an airplane ride if you give me [Cong. Rec. S10692] Illse Davids, Katelyn Falgowski, Danielle something, or, I have a piece of legislation Sen. Levin, 8/2/2007 Forword, Jackie Kintzer, and Kelsey pending, will you help me with that? That Strong travel restrictions are also an es- Kolojejchick were named to the 2009 All-ACC has never happened. I want all these people sential component of this bill. The new rules first team; to know that I am certainly not in any way will ensure that Members traveling on cor- Whereas Kelsey Kolojejchick was named disparaging these good people who have al- porate jets would have to pay for them at the ACC Rookie of the Year; lowed me and others to fly on their air- the charter rate, not at the current level of Whereas the Tar Heels entered the NCAA planes. a first class commercial ticket, which is but tournament ranked third, behind the only 2 What I am saying, though, is that in this a fraction of the cost. [Cong. Rec. S10703] world in which we live, because of all the teams to which they had lost during the reg- corruption that has taken place in the last Sen. Feinstein, 8/2/2007 ular season, the University of Virginia and few years here in America, that you not only Section 544 includes a separate provision the University of Maryland; have to do away with what is wrong but relating to flights on private jets. This provi- Whereas the Tar Heels defeated the Univer- what appears to be wrong. I am confident I sion requires Senators to pay full market sity of Virginia by a score of 3–2 in the na- have never been influenced by anyone who value—defined as charter rates—for flights tional semi-final game; provided me with the courtesy of a private on private jets, with an exception for jets Whereas the defending national champion airplane, but I have come to the realization owned by immediate family members (or and top-ranked University of Maryland en- that this practice presents a major percep- non-public corporations in which the Sen- tered the NCAA championship game with an tion problem. It is a major perception prob- ator or an immediate family member has an undefeated 23–0 record; lem because the American people have the ownership interest). Whereas the University of North Carolina right to insist that we do what seems right In general, the changes made by section 544 kept the University of Maryland scoreless as well as what is right. Does it appear it is go into effect 60 days after enactment, or the during the first period, despite being outshot OK? For us to fly around in these airplanes date that the Select Committee on Ethics 8–1; doesn’t appear to be the right thing, no mat- issues the required guidelines under the rule, Whereas senior captain Danielle Forword ter how good-hearted these people are, just whichever is later. Until the new rules take lifted the Tar Heels to victory in the cham- like Mike Ensign. So because a perception effect, the existing rules for travel will re- pionship game on a game-winning goal with isn’t right, this amendment is pending, and main in place. In light of the transition to 11.7 seconds remaining; it means Senators should pay the full fare the new rule relating to reimbursement for Whereas the Tar Heels overcame a previous when they fly on someone’s private airplane. flights on private jets and the lack of experi- 4–1 loss during the regular season to the Uni- [Cong. Rec. S548–9] ence in many offices in determining ‘‘charter versity of Maryland; rates,’’ the Select Committee on Ethics may Whereas the University of North Carolina’s Sen. Levin, 1/25/2007 treat reimbursement at current rates as re- Illse Davids, Katelyn Falgowski, Danielle Strong travel restrictions are also an es- imbursement at charter rates for a transi- Forword, and Jackie Kintzer were named to sential component of this bill. The new rules tion period not to exceed 60 days. the 2009 NCAA All-Tournament Team; will ensure that Members traveling on cor- Section 601 amends the Federal Election Whereas the University of North Carolina’s porate jets would have to reimburse at the Campaign Act to require that candidates, Katelyn Falgowski, Jackie Kintzer, and charter rate, not as is now the case merely other than those running for a seat in the Kelsey Kolojejchick were named first team at the level of a first class commercial tick- House of Representatives, pay the fair mar- All-Americans by the National Field Hockey et. [Cong. Rec. S1185] ket value of airfare when using non-commer- Coaches Association; Sen. Reid, 6/26/2007 cial jets to travel. Fair market value is to be Whereas Kelsey Kolojejchick became the The American people responded at the determined by dividing the fair market value first Tar Heel freshman to earn first-team polls last November with a clear message of the charter fare of the aircraft, by the All-America honors; that they wanted a new direction, and we, number of candidates on the flight. This pro- Whereas the University of North Carolina’s the Democrats, responded by passing the vision exempts aircraft owned or leased by Illse Davids and Danielle Forword were

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13394 CONGRESSIONAL RECORD — SENATE December 17, 2009 named second team All-Americans, with the third minute of the National Champion- centives for investment, innovation, and Melanie Brill named to the third team; ship game on an assist from Casey Nogueira clean energy and environmental technology Whereas 31 North Carolina players have and Tobin Heath; deployment required to meet those objec- earned first-team All-America honors on 43 Whereas the Tar Heels withstood a furious tives; occasions; second-half Stanford rally, with the Univer- Whereas weakened intellectual property Whereas Coach Karen Shelton was named sity of North Carolina’s goalkeeper Ashlyn right protections relating to clean energy as the South Region Coach of the Year by Harris providing a key save to preserve the and environmental technology could pose a the National Field Hockey Coaches Associa- Tar Heels’ victory; substantial competitive risk to United tion; and, Whereas Casey Nogueira was named the States businesses and United States workers Whereas the University of North Carolina Most Valuable Player on Offense in the and inhibit the creation of new green jobs made its 26th NCAA Tournament appearance NCAA Women’s College Cup for the second and the transition to a green economy for and won the school’s sixth NCAA field hock- successive year; the 21st century; and ey championship: Now, therefore, be it Whereas Whitney Engen was named the Whereas climate action presents a signifi- Resolved, That the Senate— Most Valuable Player on Defense in the cant opportunity for international coopera- (1) congratulates the University of North NCAA Women’s College Cup; tion on clean technology development and Carolina on winning the 2009 National Colle- Whereas the University of North Carolina’s deployment, with substantial environmental giate Athletic Association Field Hockey Na- Tobin Heath and Whitney Engen were named and economic benefits for all countries. tional Championship; to the National Soccer Coaches Association Now, therefore, be it (2) recognizes the achievement of the play- of America All-America first team; Resolved, That it is the sense of the Senate ers, coaches, and students, as well as their Whereas the University of North Carolina’s that the President of the United States dedication to excellence that helped propel 9 seniors completed their collegiate careers should pursue opportunities for inter- the field hockey team to win the champion- as the winningest senior class in the coun- national cooperation in technology deploy- ship; and try, having won 3 National Championships ment, and should act to ensure that any (3) respectfully requests the Secretary of and 4 ACC Tournament Championships with treaty or other accord resulting from nego- the Senate to transmit an enrolled copy of a combined overall record of 94–9–4; tiations of the United Nations Framework this resolution to— Whereas the University of North Carolina’s Convention on Climate Change, done at New (A) the chancellor of the University of NCAA Tournament record stands at 106–7–1, York on May 9, 1992 (or a successor agree- North Carolina, H. Holden Thorp; and the University has won 93.4 percent of its ment) does not weaken or undermine inter- (B) the athletic director of the University NCAA Tournament competitions; national legal rules and obligations in effect of North Carolina, Dick Baddour; and Whereas the University of North Carolina as of the date of enactment of this Act relat- (C) the head coach of the University of has participated in 23 of 28 NCAA Tour- ing to the protection and enforcement of in- North Carolina field hockey team, Karen nament Championship games played to date; tellectual property rights for energy and en- Shelton. and vironmental technology, including— f Whereas the University of North Carolina (1) wind, solar, biomass, geothermal, SENATE RESOLUTION 378—CON- has won 20 of the 28 NCAA Women’s Soccer hydro, landfill gas, natural gas, marine, GRATULATING THE UNIVERSITY National Championships: Now, therefore, be trash combustion, fuel cell, hydrogen, micro- it turbine, nuclear, clean coal, electric battery, OF NORTH CAROLINA TAR Resolved, That the Senate— alternative fuel, alternative refueling infra- HEELS FOR WINNING THE 2009 (1) congratulates the University of North structure, advanced vehicle, electric grid, NATIONAL COLLEGIATE ATH- Carolina for winning the 2009 National Colle- and energy efficiency-related technologies; LETIC ASSOCIATION WOMEN’S giate Athletic Association Women’s Soccer and SOCCER NATIONAL CHAMPION- National Championship; (2) any other technologies covered by such SHIP (2) recognizes the achievement of the play- an agreement. ers, coaches, students, and staff of the Uni- f Mrs. HAGAN (for herself and Mr. versity of North Carolina, whose persever- BURR) submitted the following resolu- ance and dedication to excellence helped pro- AMENDMENTS SUBMITTED AND tion; which was referred to the Com- pel the women’s soccer team to win the PROPOSED mittee on the Judiciary: championship; and SA 3259. Mr. UDALL, of Colorado sub- S. RES. 378 (3) respectfully requests the Secretary of mitted an amendment intended to be pro- Whereas on December 6, 2009, the Univer- the Senate to transmit an enrolled copy of posed to amendment SA 2786 proposed by Mr. this resolution to— sity of North Carolina defeated Stanford REID (for himself, Mr. BAUCUS, Mr. DODD, and (A) the chancellor of the University of University by a score of 1–0 to win the 2009 Mr. HARKIN) to the bill H.R. 3590, to amend National Collegiate Athletic Association North Carolina, H. Holden Thorp; the Internal Revenue Code of 1986 to modify (NCAA) Women’s Soccer National Champion- (B) the athletic director of the University the first-time homebuyers credit in the case ship; of North Carolina, Dick Baddour; and of members of the Armed Forces and certain Whereas the Tar Heels finished the regular (C) the head coach of the University of other Federal employees, and for other pur- season third in the Atlantic Coast Con- North Carolina women’s soccer team, Anson poses; which was ordered to lie on the table. ference (ACC) with a conference record of 7– Dorrance. SA 3260. Mr. GRASSLEY submitted an 3–0 and an overall record of 14–3–1; f amendment intended to be proposed to Whereas the University of North Carolina’s amendment SA 2786 proposed by Mr. REID Whitney Engen was named ACC Defensive SENATE RESOLUTION 379—TO EX- (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Player of the Year; PRESS THE SENSE OF THE SEN- HARKIN) to the bill H.R. 3590, supra; which Whereas the University of North Carolina’s ATE REGARDING THE PROTEC- was ordered to lie on the table. Whitney Engen, Ashlyn Harris, and Tobin TION OF INTELLECTUAL PROP- SA 3261. Mrs. HAGAN submitted an amend- Heath were named to the 2009 All-ACC first ERTY RIGHTS FOR CLEAN EN- ment intended to be proposed to amendment team; ERGY AND ENVIRONMENTAL SA 2786 proposed by Mr. REID (for himself, Whereas the University of North Carolina’s Mr. BAUCUS, Mr. DODD, and Mr. HARKIN) to Ali Hawkins and Jessica McDonald were TECHNOLOGY the bill H.R. 3590, supra; which was ordered named to the 2009 All-ACC second team; Mrs. GILLIBRAND submitted the fol- to lie on the table. Whereas the third-seeded Tar Heels won lowing resolution; which was referred SA 3262. Mr. WHITEHOUSE submitted an the 2009 ACC Women’s Soccer Championship to the Committee on Foreign Rela- amendment intended to be proposed to with a 3–0 victory over Florida State Univer- tions: amendment SA 2786 proposed by Mr. REID sity, winning the 20/th/ ACC Tournament (for himself, Mr. BAUCUS, Mr. DODD, and Mr. Championship in the school’s history; S. RES. 379 HARKIN) to the bill H.R. 3590, supra; which Whereas the University of North Carolina’s Whereas the development and deployment was ordered to lie on the table. Casey Nogueira was named the Most Valu- of innovative clean energy and environ- SA 3263. Mr. BAUCUS (for himself, Ms. able Player of the 2009 ACC Championship; mental technology is critical to addressing SNOWE, Mr. CARPER, Mrs. LINCOLN, and Mr. Whereas the University of North Carolina’s global climate change; BENNET) submitted an amendment intended Casey Nogueira, Ashlyn Harris, Kristi Whereas intellectual property rights are a to be proposed to amendment SA 2786 pro- Eveland, Whitney Engen, and Tobin Heath key driver of investment and research and posed by Mr. REID (for himself, Mr. BAUCUS, were each named to the 2009 ACC Women’s development in, and facilitate global deploy- Mr. DODD, and Mr. HARKIN) to the bill H.R. Soccer All-Tournament Team; ment of, clean energy and environmental 3590, supra; which was ordered to lie on the Whereas Stanford University entered the technology; table. National Championship game with an Whereas efforts to weaken intellectual SA 3264. Mr. WYDEN (for himself, Mr. undefeated 25–0 record; property rights for clean technology would BROWN, Mr. SPECTER, Mr. KOHL, and Ms. COL- Whereas the University of North Carolina’s undermine the environmental objectives of LINS) submitted an amendment intended to Jessica McDonald scored the decisive goal in climate change negotiations by reducing in- be proposed to amendment SA 2786 proposed

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by Mr. REID (for himself, Mr. BAUCUS, Mr. tion as required by the recipient of the grant section for any covered outpatient drug un- DODD, and Mr. HARKIN) to the bill H.R. 3590, under paragraph (1), in accordance with any less such State first verifies with the Food supra; which was ordered to lie on the table. rules established by the Attorney General. and Drug Administration that such covered f (4) REPORTING.—Not later than 2 years outpatient drug has been approved by the after receiving grant funds under this sub- Food and Drug Administration under a new TEXT OF AMENDMENTS section, each grant recipient under para- drug application under section 505(b) of the SA 3259. Mr. UDALL of Colorado sub- graph (1) shall submit to the Attorney Gen- Federal Food, Drug, and Cosmetic Act (21 mitted an amendment intended to be eral a report that describes the activities U.S.C. 355(b)) or an abbreviated new drug ap- conducted by the recipient under this sec- plication under section 505(j) of such Act, or proposed to amendment SA 2786 pro- tion, including the activities of any sub- that such drug is not subject such section 505 posed by Mr. REID (for himself, Mr. grantees of such grant recipient under para- or section 512 due to the application of sec- BAUCUS, Mr. DODD, and Mr. HARKIN) to graph (2). tion 201(p) of such Act (21 U.S.C. 321(p)). The the bill H.R. 3590, to amend the Inter- (b) AUTHORIZATION OF APPROPRIATIONS.— Secretary shall have the authority to pro- nal Revenue Code of 1986 to modify the There is authorized to be appropriated scribe regulations to create an information first-time homebuyers credit in the $10,000,000 to carry out this section. sharing protocol to allow States to verify case of members of the Armed Forces that a covered outpatient drug has been ap- SA 3260. Mr. GRASSLEY submitted and certain other Federal employees, proved by the Food and Drug Administra- an amendment intended to be proposed tion.’’. and for other purposes; which was or- to amendment SA 2786 proposed by Mr. dered to lie on the table; as follows: REID (for himself, Mr. BAUCUS, Mr. SA 3261. Mrs. HAGAN submitted an On page 396, between lines 8 and 9, insert DODD, and Mr. HARKIN) to the bill H.R. amendment intended to be proposed to the following: 3590, to amend the Internal Revenue amendment SA 2786 proposed by Mr. SEC. 1ll. STATE COURT INNOVATION PROJECT. Code of 1986 to modify the first-time REID (for himself, Mr. BAUCUS, Mr. (a) GRANT.— homebuyers credit in the case of mem- DODD, and Mr. HARKIN) to the bill H.R. (1) IN GENERAL.— (A) GRANT PROGRAM.—The Attorney Gen- bers of the Armed Forces and certain 3590, to amend the Internal Revenue eral shall develop and implement a competi- other Federal employees, and for other Code of 1986 to modify the first-time tive grant program to improve the efficiency purposes; which was ordered to lie on homebuyers credit in the case of mem- and lessen the costs and burdens of medical the table; as follows: bers of the Armed Forces and certain malpractice civil litigation for plaintiffs and On page 522, between lines 2 and 3, insert other Federal employees, and for other defendants. the following: purposes; which was ordered to lie on (B) ELEMENTS OF PROGRAM.—The grant pro- SEC. 2603. PAYMENT FOR ILLEGAL UNAPPROVED the table; as follows: gram under subparagraph (A) shall be de- DRUGS. On page 722, after line 20, insert the fol- signed— (a) FINDINGS.—Congress finds that each lowing: (i) to give State courts a mechanism for year, the Medicaid program under title XIX improving court rules and procedures, allow- of the Social Security Act (42 U.S.C. 1396 et SEC. 3016. CULTURE OF SAFETY HOSPITAL AC- ing parties to go to trial in more cost-effec- seq.) pays millions of dollars in reimburse- COUNTABILITY STUDY AND DEM- tive ways and reducing the complexity and ment for covered outpatient drugs that are ONSTRATION PROGRAM. cost of litigation; and not approved by the Food and Drug Adminis- (a) STUDY.— (ii) to fund research and objective meas- tration under a new drug application under (1) IN GENERAL.—The Secretary shall con- urement, evaluation, and reporting of out- section 505(b) of the Federal Food, Drug, and duct a study that— comes to identify innovative ways of pro- Cosmetic Act (21 U.S.C. 355(b)) or an abbre- (A) examines existing activities and promoting the resolution of medical mal- viated new drug application under section grams in hospitals for quality assurance, pa- practice cases in court or tried by jury in a 505(j) of such Act, or that such drug is not tient safety, and performance improvement more cost-effective and timely manner pur- subject such section 505 or section 512 due to and provides an analysis regarding best prac- suant to clause (i). the application of section 201(p) of such Act tices with respect to such activities and pro- (C) ELIGIBLE ENTITY.—To be eligible to re- (21 U.S.C. 321(p)). grams; and ceive a grant under subparagraph (A), an en- (b) LISTING OF DRUGS AND DEVICES.—Sec- (B) identifies best practices that should be tity shall— tion 510 of the Food, Drug and Cosmetic Act replicated in hospitals to improve patient (i) be a nonprofit State court improvement (21 U.S.C. 360) is amended— safety and quality of care, consistent with organization that was incorporated or in ex- (1) in subsection (j)(1)(B)— the provisions included under the quality as- istence before December 31, 2009, and which (A) in clause (i), by inserting ‘‘in the case sessment and performance improvement pro- is experienced in developing State court im- of a drug, the authority under this Act that gram, as required under the conditions of provement programs; and does not require such drug to be subject to participation for hospitals under Medicare. (ii) submit to the Attorney General an ap- section 505 and section 512,’’ after ‘‘labeling (2) REPORT.—Not later than 2 years after plication at such time, in such manner, and for such drug or device,’’; and the date of enactment of this Act, the Sec- containing such information as the Attorney (B) in clause (ii), by inserting ‘‘, in the case retary shall prepare a report containing the General may require. of a drug, the authority under this Act that results of the study conducted under para- (2) USE OF FUNDS.—A grant recipient under does not require such drug to be subject to graph (1). Such report shall be made avail- paragraph (1) shall use amounts awarded section 505 and section 512,’’ after ‘‘for such able on the Internet website of the Centers under the grant to conduct research and drug or device’’; and for Medicare & Medicaid Services. evaluations, develop rules and procedures de- (2) in subsection (f)— (b) DEMONSTRATION PROGRAM.— signed to improve the efficiency and lessen (A) by striking ‘‘(f) The Secretary’’ and in- (1) IN GENERAL.—The Secretary shall estab- the costs of medical malpractice litigation serting the following: lish the Culture of Safety Hospital Account- for plaintiffs and defendants, and to award ‘‘(f) INSPECTION BY PUBLIC OF REGISTRA- ability demonstration program to provide subgrants to eligible entities to carry out ac- TION.— support for establishing partnerships and tivities— ‘‘(1) IN GENERAL.—The Secretary’’; and other cooperative approaches between hos- (A) to conduct pilot projects; (B) by adding at the end the following: pitals, State health care agencies, and the (B) to increase the operating efficiency of ‘‘(2) LIST OF DRUGS THAT ARE NOT APPROVED Department of Health and Human Services State courts with respect to medical mal- UNDER SECTION 505 OR 512.—Not later than Jan- to promote and implement the best practices practice litigation; uary 1, 2011, the Secretary shall make avail- identified under subsection (a), with the goal (C) to conduct research to seek innovative able to the public on the Internet website of of improving the safety and quality of care ways to resolve medical malpractice litiga- the Food and Drug Administration a list provided to Medicare beneficiaries and en- tion in State courts in a more cost-effective that includes, for each drug described in sub- hance compliance with the conditions of par- and timely manner; and section (j)(1)(B)— ticipation for hospitals under Medicare. (D) to measures and report on outcomes ‘‘(A) the drug; (2) DURATION.—The demonstration program with respect to activities funded under the ‘‘(B) the person who listed such drug; and shall operate during a period of 3 years, be- subgrant. ‘‘(C) the authority under this Act that does ginning not later than 12 months after com- (3) ELIGIBLE SUBGRANT ENTITY.—To be eligi- not require such drug to be subject to sec- pletion of the report described in subsection ble to receive a subgrant under paragraph tion 505 and section 512, as provided by such (a)(2). (2), an entity shall— person in such list.’’. (3) SCOPE.— (A)(i) be a State or local governmental en- (c) PAYMENT FOR COVERED OUTPATIENT (A) STATES.—The Secretary shall select tity in a jurisdiction that permits jury trials DRUGS.—Section 1927 of the Social Security not less than 4 States, but not more than 6 for civil medical malpractice actions; or Act (42 U.S.C. 1396r-8) is amended by insert- States, to participate in the demonstration (ii) be an academic institution; and ing at the end the following: program. (B) submit an application at such time, in ‘‘(l) CONDITION.—Beginning January 1, 2011, (B) HOSPITALS.—The Secretary shall select such manner, and containing such informa- no State shall make any payment under this not more than 24 hospitals, within the States

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13396 CONGRESSIONAL RECORD — SENATE December 17, 2009 selected under subparagraph (A), to partici- count for the period of fiscal years 2010 ity benchmarks are eligible for a shared sav- pate in the demonstration program. The hos- through 2017. Amounts transferred under the ings payment. pitals selected under this subparagraph shall preceding sentence shall remain available (2) DURATION.—The shared savings program satisfy criteria, as developed by the Sec- until expended. shall be conducted during the following peri- retary, indicating a need for substantial im- (d) ALTERNATIVE REMEDIES.—Section ods: provement in quality of care and patient 1866(b) of the Social Security Act (42 U.S.C. (A) The hospital readmission reduction safety. 1395cc(b)) is amended by adding at the end program, as described under subsection (d), (4) APPLICATION.—A State or hospital that the following new paragraph: shall— desires to participate in the demonstration ‘‘(5)(A) The Secretary is authorized to pro- (i) begin on such date as determined appro- program shall submit to the Secretary an ap- mulgate regulations that establish enforce- priate by the Secretary for implementation plication at such time, in such manner, and ment remedies that are in addition to, or in of the program, but not later than 6 months containing such information as the Sec- lieu of, termination of an agreement under after the date of enactment of this Act; and retary may require. this section for hospitals or critical access (ii) end not later than October 1, 2012. (5) IMPLEMENTATION.— hospitals for violations of health and safety (B) The hospital-acquired conditions reduc- (A) TECHNICAL ASSISTANCE.—The Secretary requirements under this title. Such remedies tion program, as described under subsection shall provide participating hospitals with may include directed plans of correction (e), shall— technical assistance in implementation of that are designed to— (i) begin on such date as determined appro- the best practices identified through the ‘‘(i) ensure compliance with requirements priate by the Secretary for implementation study under subsection (a). under this title (including conditions of par- of the program, but not later than 6 months (B) HOSPITAL SURVEYORS.—For each State ticipation for hospitals or critical access after the date of enactment of this Act; and participating in the demonstration program, hospitals); (ii) shall end not later than October 1, 2015. the Secretary shall provide training to State ‘‘(ii) prevent recurrence of non-compliance (b) ELIGIBILITY; PARTICIPATION REQUIRE- surveyors that is designed to— with such requirements; and MENTS.— (i) enhance knowledge of the disciplines of ‘‘(iii) improve the internal structures and (1) ELIGIBILITY.—A hospital described in patient safety, quality assessment, and per- processes within the hospital or critical ac- section 1886(q)(5)(C) of the Social Security formance improvement; cess hospital for provision of continuous Act, as added by section 3025, shall be eligi- (ii) increase skill in evaluating compliance quality and safety enhancement. ble to participate in the shared savings pro- with quality assessment and performance ‘‘(B) The regulations described under sub- gram. improvement programs required under the paragraph (A) may be promulgated by the (2) APPLICATION.—A provider seeking to conditions of participation for hospitals Secretary before, during, or after the evalua- participate in the shared savings program under Medicare; and tion described under section 3016(b)(6) of the shall submit an application to the Secretary, (iii) focus investigations of complaints re- Patient Protection and Affordable Care in such manner and containing such infor- garding hospital care on the hospital’s qual- Act.’’. mation as the Secretary may require, that ity assessment and performance improve- (e) NON-APPLICATION OF PAPERWORK REDUC- includes a detailed description of the meth- ment program. TION ACT.—Chapter 35 of title 44, United (6) EVALUATION.—For each State and hos- States Code (commonly referred to as the ods through which the provider expects to— pital participating in the demonstration pro- ‘Paperwork Reduction Act of 1995’) shall not (A) reduce readmissions or hospital-ac- gram, the Secretary shall evaluate the fol- apply to this section. quired condition rates, as applicable; lowing: (f) DEFINITIONS.—In this section: (B) reduce costs; and (A) The level of implementation of the best (1) DEMONSTRATION PROGRAM.—The term (C) integrate and coordinate such quality practices identified under subsection (a) by ‘‘demonstration program’’ means the Culture improvement efforts with post-acute pro- the participating hospitals and whether of Safety Hospital Accountability dem- viders. adoption of such practices— onstration program conducted under this (3) PARTICIPATION REQUIREMENTS.—A par- (i) improved quality and patient safety (in- section. ticipating provider shall be required to— cluding an analysis of changes in quality (2) HOSPITAL.—The term ‘‘hospital’’ (A) report on quality measures (as deter- measures and other indicators of outcome means— mined by the Secretary under subsection and performance); and (A) an institution described under section (c)); (ii) resulted in a decrease in the serious- 1861(e) of the Social Security Act (42 U.S.C. (B) satisfy applicable benchmarks for such ness or number of citations for deficiencies 1395x(e)); or quality measures; and under the conditions of participation for hos- (B) a critical access hospital (as described (C) demonstrate savings (as described in pitals under Medicare. under section 1861(mm)(1) of such Act (42 subsection (f)). (B) The training provided to State sur- U.S.C. 1395x(mm)(1)). (c) QUALITY AND OTHER REPORTING RE- veyors and whether such training resulted in (3) MEDICARE.—The term ‘‘Medicare’’ QUIREMENTS.— enhanced proficiency in evaluations of hos- means the program established under title (1) IN GENERAL.—The Secretary shall deter- pital quality assessment and performance XVIII of the Social Security Act (42 U.S.C. mine appropriate measures to assess the improvement programs. 1395 et seq.). quality of care furnished by participating (7) REPORT.—Not later than 12 months (4) SECRETARY.—The term ‘‘Secretary’’ providers, such as measures of— after completion of the demonstration means the Secretary of Health and Human (A) clinical processes and outcomes; project, the Secretary shall submit to Con- Services. (B) patient and, where practicable, care- gress a report containing an evaluation of giver experience of care; and the demonstration program, including— SA 3262. Mr. WHITEHOUSE sub- (C) utilization rates. (A) the findings of the evaluation under mitted an amendment intended to be (2) INCORPORATION OF MEASURES.—For pur- paragraph (6); and proposed to amendment SA 2786 proposes of the measures described under para- (B) recommendations— posed by Mr. REID (for himself, Mr. graph (1), the Secretary may incorporate (i) in regard to whether the best practices measures established— identified under the demonstration program BAUCUS, Mr. DODD, and Mr. HARKIN) to the bill H.R. 3590, to amend the Inter- (A) under sections 1848(k) and 1886(b) of the should be adopted by other hospitals, and Social Security Act; and how the Secretary can best promote adop- nal Revenue Code of 1986 to modify the (B) pursuant to any provision of this Act or tion of such best practices; first-time homebuyers credit in the amendment made by this Act. (ii) in regard to whether the training for case of members of the Armed Forces (3) REPORTING REQUIREMENT.—A partici- State surveyors developed under the dem- and certain other Federal employees, pating provider shall submit data in a form onstration program should be provided to all and for other purposes; which was or- and manner specified by the Secretary on State surveyors; and dered to lie on the table; as follows: measures the Secretary determines nec- (iii) for such legislation and administrative essary for the participating provider to re- action as the Secretary determines appro- On page 796, between lines 5 and 6, insert the following: port in order to evaluate the quality of care priate. furnished by such provider. SEC. 3028. VOLUNTARY ACCELERATED SHARED (8) WAIVER AUTHORITY.—The Secretary may UALITY PERFORMANCE STANDARDS SAVINGS PROGRAM. (4) Q .—The waive such requirements under titles XI and Secretary shall establish quality perform- (a) ESTABLISHMENT.— XVIII of the Social Security Act as may be ance standards to assess the quality of care necessary to carry out the demonstration (1) IN GENERAL.—The Secretary of Health and Human Services (referred to in this sec- furnished by participating providers. The program. Secretary shall seek to improve the quality (c) FUNDING.—For purposes of carrying out tion as the ‘‘Secretary’’) shall establish the of care furnished by participating providers this section, the Secretary shall provide for Voluntary Accelerated Shared Savings Pro- over time by specifying higher standards, the transfer from the Federal Hospital Insur- gram (referred to in this section as the new measures, or both for purposes of assess- ance Trust Fund under section 1817 of the So- ‘‘shared savings program’’) under which ing such quality of care. cial Security Act (42 U.S.C. 1395i) of health care providers that voluntarily report $25,000,000, to the Centers for Medicare & on quality measures, adopt quality-improv- (d) HOSPITAL READMISSION REDUCTION PRO- Medicaid Services Program Management Ac- ing protocols or strategies, and achieve qual- GRAM.—

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(1) HOSPITAL READMISSIONS RATE MEAS- (A) DETERMINING SAVINGS.—Subject to sub- proposal submitted by the provider (as de- URES.—For purposes of establishing meas- paragraph (C), in each year of the period scribed under subparagraph (C)) adequately ures under subsection (c) for the hospital re- under subsection (a)(2), a participating pro- provides for— admission reduction program, the Secretary vider shall be eligible to receive payment for (I) a plan for quality improvement that is shall include measures for readmission rates shared savings under paragraph (3) only if consistent with subsection (c)(4) of such sec- established under 1886(b) of the Social Secu- the estimated average per capita Medicare tion; and rity Act (42 U.S.C. 1395ww(b)). expenditures for such provider for Medicare (II) a valid payment methodology that is (2) BENCHMARK.—The Secretary shall es- fee-for-service beneficiaries for parts A and B consistent with subsection (c)(3) of such sec- tablish a benchmark for reduction in the re- services, adjusted for beneficiary character- tion. admission rate for a hospital that is adjusted istics, is at least the percent specified by the (C) APPLICATION.—Providers seeking to for geographic area, patient population char- Secretary below the applicable benchmark participate in the early participation pro- acteristics, and such other factors as deter- under subparagraph (B). gram under this section shall submit a pro- mined appropriate by the Secretary. The (B) ESTABLISH AND UPDATE BENCHMARK.— posal, in such manner and containing such Secretary may establish a higher benchmark The Secretary shall estimate a benchmark information as the Secretary may require, for hospitals with an annual readmission for each period under subsection (a)(2) for that includes, for purposes of determining rate that is above the mean nationwide read- each participating provider using the most applicable payments under this section, a mission rate. recent available 3 years of per-beneficiary methodology for calculation of savings or de- (3) SHARED SAVINGS REQUIREMENTS.—A par- expenditures for parts A and B services for termination of bundled payments. ticipating provider shall be eligible for a Medicare fee-for-service beneficiaries served (3) MEDICARE SHARED SAVINGS PROGRAM.— shared savings payment under subsection (f) by the provider. Such benchmark shall be ad- For purposes of section 1899 of the Social Se- if such provider— justed for beneficiary characteristics and curity Act, a provider seeking to participate (A) achieves the applicable benchmark es- such other factors as the Secretary deter- in the early participation program under tablished by the Secretary under paragraph mines appropriate and updated by the pro- this section shall, as part of the proposal de- (2); and jected absolute amount of growth in national scribed under paragraph (2)(C), provide a de- (B) has an annual readmission rate that is per capita expenditures for parts A and B tailed plan for quality improvement that is below the risk adjusted expected readmis- services under the original Medicare fee-for- consistent with the goals described under sions rate as determined under section service program, as estimated by the Sec- subsections (a) and (b)(3) of section 1899 of 1886(q)(4)(C)(i)(II) of the Social Security Act retary. the Social Security Act. (as added by section 3025). (C) HIGHER BENCHMARK.—For purposes of (4) NATIONAL PILOT PROGRAM ON PAYMENT (4) COMMUNITY-BASED ORGANIZATIONS.—The subparagraph (A), the Secretary may require BUNDLING.—For purposes of section 1866D of Secretary may permit a community-based a greater percentage in savings below the the Social Security Act, a provider seeking organization, as described in section benchmark established under subparagraph to participate in the early participation pro- 3026(b)(1)(B), to receive shared savings pay- (B) for a participating provider with an an- gram under this section shall, as part of the ments under the hospital readmission reduc- nual readmission or hospital-acquired condi- proposal described under paragraph (2)(C), tion program if such an organization— tions rate, as applicable, that is above the provide a detailed plan in regard to the mean nationwide rate (as described in sub- (A) satisfies the requirements described methods by which such provider will satisfy sections (e)(2) and (f)(2)). under section 3026; and the objectives described under subsection (3) PAYMENTS FOR SHARED SAVINGS.—Sub- (B) is associated with a subsection (d) hos- (a)(1) of section 1866D of the Social Security ject to performance with respect to the qual- pital (as described in section 3026(b)(1)(A)) Act, which shall include— ity performance standards established by the that would be eligible for a shared savings (A) a bundled payment methodology; Secretary under subsection (c), if a partici- payment under this section. (B) methods by which quality of care will pating provider meets the requirements be improved; and (e) HOSPITAL-ACQUIRED CONDITIONS REDUC- under paragraphs (1) and (2), a percent (as de- (C) a description of the conditions and TION PROGRAM.— termined appropriate by the Secretary) of services that are to be covered through the (1) HOSPITAL-ACQUIRED CONDITIONS RATE the difference between such estimated aver- bundled payment. MEASURES.—For purposes of establishing age per capita Medicare expenditures in a measures under subsection (c) for the hos- year, adjusted for beneficiary characteris- (5) APPLICABLE PERIOD.—Any payments pital-acquired conditions program, the Sec- tics, for the provider and such benchmark for made to providers pursuant to early partici- retary shall establish measures that accu- the provider may be paid to the provider as pation program under this section shall rately determine rates of hospital-acquired shared savings and the remainder of such dif- cease upon establishment of the programs conditions (as defined in section 1886(p) of ference shall be retained by the Medicare described under sections 1866D and 1899 of the Social Security Act, as added by section program under title XVIII of the Social Se- the Social Security Act, except to the extent 3008). curity Act. The Secretary shall establish that providers are determined to be eligible (2) REDUCTION IN HOSPITAL-ACQUIRED CONDI- limits on the total amount of shared savings for, and continue to participate in, the pro- TIONS BENCHMARK.—The Secretary shall es- that may be paid to a participating provider grams established under such sections. tablish a benchmark for reduction in the under this paragraph. Mr. BAUCUS (for himself, hospital-acquired conditions rate for a par- (g) EARLY PARTICIPATION IN MEDICARE SA 3263. ticipating provider that is adjusted for geo- SHARED SAVINGS PROGRAM AND NATIONAL Ms. SNOWE, Mr. CARPER, Mrs. LINCOLN, graphic area, patient population characteris- PILOT PROGRAM ON PAYMENT BUNDLING.— and Mr. BENNET) submitted an amend- tics, and such other factors as determined (1) IN GENERAL.—For purposes of section ment intended to be proposed to appropriate by the Secretary. The Secretary 1866D of the Social Security Act (as added by amendment SA 2786 proposed by Mr. may establish a higher benchmark for hos- section 3023) and section 1899 of such Act (as REID (for himself, Mr. BAUCUS, Mr. pitals with an annual hospital-acquired con- added by section 3022), the Secretary may es- DODD, and Mr. HARKIN) to the bill H.R. ditions rate that is above the mean nation- tablish a program to provide for early par- 3590, to amend the Internal Revenue wide hospital-acquired conditions rate. ticipation payments under such sections to (3) SHARED SAVINGS REQUIREMENTS.—A par- eligible providers or groups of providers. Code of 1986 to modify the first-time ticipating provider shall eligible for a shared (2) ELIGIBILITY.— homebuyers credit in the case of mem- savings payment under subsection (f) if such (A) IN GENERAL.—Providers eligible for the bers of the Armed Forces and certain provider achieves the applicable benchmark early participation program under this sub- other Federal employees, and for other established by the Secretary under para- section shall include— purposes; which was ordered to lie on graph (2). (i) providers described under section the table; as follows: (f) SHARED SAVINGS PAYMENTS.— 1866D(a)(2)(G) of the Social Security Act; and At the appropriate place, insert the fol- (1) IN GENERAL.—Under the shared savings (ii) providers that meet the requirements lowing: program, payments shall continue to be in section 1899(b) of such Act. —ALTERNATIVE TO MEDICAL made to participating providers under the (B) WAIVER OF REQUIREMENTS.—Subject to TITLE ll original Medicare fee-for-service program subparagraph (C), for purposes of the early TORT LITIGATION under parts A and B in the same manner as participation program under this subsection, SEC. l01. SHORT TITLE. they would otherwise be made except that a the Secretary may waive— This title may be cited as the ‘‘Fair and participating provider is eligible to receive (i) any requirements under section 1899 of Reliable Medical Justice Act’’. payment for shared savings under paragraph the Social Security Act, except that the Sec- SEC. l02. PURPOSES. (3) if— retary shall not waive— The purposes of this title are— (A) the provider meets quality perform- (I) the requirements under subsection (b) of (1) to restore fairness and reliability to the ance standards established by the Secretary such section (with the exception of subpara- medical justice system by fostering alter- under subsection (c); and graphs (B) and (D) of subsection (b)(2)); or natives to current medical tort litigation (B) the provider meets the requirement (II) the provisions under subsection (d) of that promote disclosure of health care errors under paragraph (2)(A). such section. and provide prompt, fair, and reasonable (2) SAVINGS REQUIREMENT AND BENCH- (ii) any requirements under section 1866D compensation to patients who are injured by MARK.— of the Social Security Act, provided that the health care errors;

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(2) to promote patient safety through dis- ‘‘(A) IN GENERAL.—Each State desiring a consistent with applicable laws and regula- closure of health care errors; and grant under subsection (a) shall establish a tions, the head of such department or agency (3) to support and assist States in devel- scope of jurisdiction (such as Statewide, des- shall furnish the requested information to oping such alternatives. ignated geographic region, a designated area the review panel. SEC. l03. STATE DEMONSTRATION PROGRAMS of health care practice, or a designated group ‘‘(e) REPORTS.— TO EVALUATE ALTERNATIVES TO of health care providers or health care orga- ‘‘(1) BY STATE.—Each State receiving a CURRENT MEDICAL TORT LITIGA- nizations) for the proposed alternative to grant under subsection (a) shall submit to TION. current tort litigation that is sufficient to the Secretary an annual report evaluating Part P of title III of the Public Health evaluate the effects of the alternative. No the effectiveness of activities funded with Service Act (42 U.S.C. 280g et seq.), as scope of jurisdiction shall be established grants awarded under such subsection. Such amended by this Act, is further amended by under this paragraph that is based on a report shall, at a minimum, include the im- adding at the end the following: health care payer or patient population. pact of the activities funded on patient safe- ‘‘SEC. 399V–2. STATE DEMONSTRATION PRO- ‘‘(B) NOTIFICATION OF PATIENTS.—A State ty and on the availability and price of med- GRAMS TO EVALUATE ALTER- shall demonstrate how patients would be no- ical liability insurance. NATIVES TO CURRENT MEDICAL tified that they are receiving health care ‘‘(2) BY SECRETARY.—The Secretary shall TORT LITIGATION. services that fall within such scope, and the ‘‘(a) IN GENERAL.—The Secretary is author- submit to Congress an annual compendium process by which they may opt out of or vol- of the reports submitted under paragraph (1) ized to award demonstration grants to untarily withdraw from participating in the States for the development, implementation, and an analysis of the activities funded alternative. The decision of the patient under subsection (a) that examines any dif- and evaluation of alternatives to current whether to participate or continue partici- tort litigation for resolving disputes over in- ferences that result from such activities in pating in the alternative process shall be terms of the quality of care, number and na- juries allegedly caused by health care pro- made at any time and shall not be limited in viders or health care organizations. In ture of medical errors, medical resources any way. used, length of time for dispute resolution, awarding such grants, the Secretary shall ‘‘(5) PREFERENCE IN AWARDING DEMONSTRA- ensure the diversity of the alternatives so and the availability and price of liability in- TION GRANTS.—In awarding grants under sub- surance. funded. section (a), the Secretary shall give pref- ‘‘(f) TECHNICAL ASSISTANCE.— ‘‘(b) DURATION.—The Secretary may award erence to States— ‘‘(1) IN GENERAL.—The Secretary shall pro- grants under subsection (a) for a period not ‘‘(A) that have developed the proposed al- vide technical assistance to the States ap- to exceed 5 years. ternative through substantive consultation plying for or awarded grants under sub- ‘‘(c) CONDITIONS FOR DEMONSTRATION with relevant stakeholders, including pa- section (a). GRANTS.— tient advocates, health care providers and ‘‘(2) REQUIREMENTS.—Technical assistance ‘‘(1) REQUIREMENTS.—Each State desiring a health care organizations, attorneys with ex- grant under subsection (a) shall develop an pertise in representing patients and health under paragraph (1) shall include— alternative to current tort litigation that— care providers, medical malpractice insurers, ‘‘(A) guidance on non-economic damages, ‘‘(A) allows for the resolution of disputes and patient safety experts; including the consideration of individual over injuries allegedly caused by health care ‘‘(B) that make proposals that are likely to facts and circumstances in determining ap- providers or health care organizations; and enhance patient safety by detecting, ana- propriate payment, guidance on identifying ‘‘(B) promotes a reduction of health care lyzing, and helping to reduce medical errors avoidable injuries, and guidance on disclo- errors by encouraging the collection and and adverse events; and sure to patients of health care errors and ad- analysis of patient safety data related to dis- ‘‘(C) that make proposals that are likely to verse events; and putes resolved under subparagraph (A) by or- improve access to liability insurance. ‘‘(B) the development, in consultation with ganizations that engage in efforts to improve ‘‘(d) APPLICATION.— States, of common definitions, formats, and patient safety and the quality of health care. ‘‘(1) IN GENERAL.—Each State desiring a data collection infrastructure for States re- ‘‘(2) ALTERNATIVE TO CURRENT TORT LITIGA- grant under subsection (a) shall submit to ceiving grants under this section to use in TION.—Each State desiring a grant under the Secretary an application, at such time, reporting to facilitate aggregation and anal- subsection (a) shall demonstrate how the in such manner, and containing such infor- ysis of data both within and between States. proposed alternative described in paragraph mation as the Secretary may require. ‘‘(3) USE OF COMMON DEFINITIONS, FORMATS, (1)(A)— ‘‘(2) REVIEW PANEL.— AND DATA COLLECTION INFRASTRUCTURE.— ‘‘(A) makes the medical liability system ‘‘(A) IN GENERAL.—In reviewing applica- States not receiving grants under this sec- more reliable by increasing the availability tions under paragraph (1), the Secretary tion may also use the common definitions, of prompt and fair resolution of disputes; shall consult with a review panel composed formats, and data collection infrastructure ‘‘(B) encourages the efficient resolution of of relevant experts appointed by the Comp- developed under paragraph (2)(B). disputes; troller General. ‘‘(g) EVALUATION.— ‘‘(C) encourages the disclosure of health ‘‘(B) COMPOSITION.— ‘‘(1) IN GENERAL.—The Secretary, in con- care errors; ‘‘(i) NOMINATIONS.—The Comptroller Gen- sultation with the review panel established ‘‘(D) enhances patient safety by detecting, eral shall solicit nominations from the pub- under subsection (d)(2), shall enter into a analyzing, and helping to reduce medical er- lic for individuals to serve on the review contract with an appropriate research orga- rors and adverse events; panel. nization to conduct an overall evaluation of ‘‘(E) improves access to liability insurance; ‘‘(ii) APPOINTMENT.—The Comptroller Gen- the effectiveness of grants awarded under ‘‘(F) fully informs patients about the dif- eral shall appoint, at least 9 but not more subsection (a) and to annually prepare and ferences in the alternative and current tort than 13, highly qualified and knowledgeable submit a report to Congress. Such an evalua- litigation; individuals to serve on the review panel and tion shall begin not later than 18 months fol- ‘‘(G) provides patients the ability to opt shall ensure that the following entities re- lowing the date of implementation of the out of or voluntarily withdraw from partici- ceive fair representation on such panel: first program funded by a grant under sub- pating in the alternative at any time and to ‘‘(I) Patient advocates. section (a). pursue other options, including litigation, ‘‘(II) Health care providers and health care ‘‘(2) CONTENTS.—The evaluation under outside the alternative; organizations. paragraph (1) shall include— ‘‘(H) would not conflict with State law at ‘‘(III) Attorneys with expertise in rep- ‘‘(A) an analysis of the effects of the grants the time of the application in a way that resenting patients and health care providers. awarded under subsection (a) with regard to would prohibit the adoption of an alternative ‘‘(IV) Medical malpractice insurers. the measures described in paragraph (3); to current tort litigation; and ‘‘(V) State officials. ‘‘(B) for each State, an analysis of the ex- ‘‘(I) would not limit or curtail a patient’s ‘‘(VI) Patient safety experts. tent to which the alternative developed existing legal rights, ability to file a claim ‘‘(C) CHAIRPERSON.—The Comptroller Gen- under subsection (c)(1) is effective in meet- in or access a State’s legal system, or other- eral, or an individual within the Government ing the elements described in subsection wise abrogate a patient’s ability to file a Accountability Office designated by the (c)(2); medical malpractice claim. Comptroller General, shall be the chair- ‘‘(C) a comparison among the States re- ‘‘(3) SOURCES OF COMPENSATION.—Each person of the review panel. ceiving grants under subsection (a) of the ef- State desiring a grant under subsection (a) ‘‘(D) AVAILABILITY OF INFORMATION.—The fectiveness of the various alternatives devel- shall identify the sources from and methods Comptroller General shall make available to oped by such States under subsection (c)(1); by which compensation would be paid for the review panel such information, per- ‘‘(D) a comparison, considering the meas- claims resolved under the proposed alter- sonnel, and administrative services and as- ures described in paragraph (3), of States re- native to current tort litigation, which may sistance as the review panel may reasonably ceiving grants approved under subsection (a) include public or private funding sources, or require to carry out its duties. and similar States not receiving such grants; a combination of such sources. Funding ‘‘(E) INFORMATION FROM AGENCIES.—The re- and methods shall to the extent practicable pro- view panel may request directly from any de- ‘‘(E) a comparison, with regard to the vide financial incentives for activities that partment or agency of the United States any measures described in paragraph (3), of— improve patient safety. information that such panel considers nec- ‘‘(i) States receiving grants under sub- ‘‘(4) SCOPE.— essary to carry out its duties. To the extent section (a);

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE December 17, 2009 CONGRESSIONAL RECORD — SENATE S13399 ‘‘(ii) States that enacted, prior to the date ‘‘(A) the diagnosis, prevention, or treat- ‘‘(bb) the aggregate amount of such pay- of enactment of the Patient Protection and ment of any human disease or impairment; ments for fiscal year 2010 increased by the Affordable Care Act, any cap on non-eco- or medical care component of the Consumer nomic damages; and ‘‘(B) the assessment of the health of human Price Index for fiscal year 2011, plus 3.0 per- ‘‘(iii) States that have enacted, prior to the beings. centage points; and date of enactment of the Patient Protection ‘‘(2) HEALTH CARE ORGANIZATION.—The term ‘‘(II) for fiscal year 2015 through 2019, the and Affordable Care Act, a requirement that ‘health care organization’ means any indi- excess (expressed as a percentage) between— the complainant obtain an opinion regarding vidual or entity which is obligated to pro- ‘‘(aa) the aggregate amounts of such pay- the merit of the claim, although the sub- vide, pay for, or administer health benefits ments for the fiscal year 3 years prior to the stance of such opinion may have no bearing under any health plan. fiscal year involved; over on whether the complainant may proceed ‘‘(3) HEALTH CARE PROVIDER.—The term ‘‘(bb) the aggregate amount of such pay- with a case. ‘health care provider’ means any individual ments for the fiscal year 4 years prior to the ‘‘(3) MEASURES.—The evaluations under or entity— fiscal year involved increased by the medical paragraph (2) shall analyze and make com- ‘‘(A) licensed, registered, or certified under care component of the Consumer Price Index parisons on the basis of— Federal or State laws or regulations to pro- for the fiscal year 3 years prior to the fiscal ‘‘(A) the nature and number of disputes vide health care services; or year involved, plus 3.0 percentage points.’’. over injuries allegedly caused by health care ‘‘(B) required to be so licensed, registered, providers or health care organizations; or certified but that is exempted by other f ‘‘(B) the nature and number of claims in statute or regulation. which tort litigation was pursued despite the ‘‘(k) AUTHORIZATION OF APPROPRIATIONS.— existence of an alternative under subsection There are authorized to be appropriated, AUTHORITY FOR COMMITTEES TO (a); such sums as may be necessary to carry out MEET ‘‘(C) the disposition of disputes and claims, this section for each of fiscal years 2011 including the length of time and estimated through 2015. COMMITTEE ON ARMED SERVICES costs to all parties; ‘‘(l) CURRENT STATE EFFORTS TO ESTABLISH Mr. DURBIN. Mr. President, I ask ‘‘(D) the medical liability environment; ALTERNATIVE TO TORT LITIGATION.—Nothing unanimous consent that the Com- in this section shall be construed to limit ‘‘(E) health care quality; mittee on Armed Services be author- ‘‘(F) patient safety in terms of detecting, any prior, current, or future efforts of any analyzing, and helping to reduce medical er- State to establish any alternative to tort ized to meet during the session of the rors and adverse events; litigation. Senate on December 17, 2009, at 9:30 ‘‘(G) patient and health care provider and ‘‘(m) RULE OF CONSTRUCTION.—Nothing in a.m. organization satisfaction with the alter- this section shall be construed as limiting The PRESIDING OFFICER. Without native under subsection (a) and with the states’ authority over or responsibility for objection, it is so ordered. medical liability environment; and their state justice systems.’’. ‘‘(H) impact on utilization of medical serv- COMMITTEE ON COMMERCE, SCIENCE, AND ices, appropriately adjusted for risk. SA 3264. Mr. WYDEN (for himself, TRANSPORTATION ‘‘(4) FUNDING.—The Secretary shall reserve Mr. BROWN, Mr. SPECTER, Mr. KOHL, Mr. DURBIN. Mr. President, I ask 5 percent of the amount appropriated in each and Ms. COLLINS) submitted an amend- unanimous consent that the Com- fiscal year under subsection (k) to carry out ment intended to be proposed to mittee on Commerce, Science, and this subsection. amendment SA 2786 proposed by Mr. Transportation be authorized to meet ‘‘(h) MEDPAC AND MACPAC REPORTS.— REID (for himself, Mr. BAUCUS, Mr. during the session of the Senate on De- ‘‘(1) MEDPAC.—The Medicare Payment Ad- DODD, and Mr. HARKIN) to the bill H.R. visory Commission shall conduct an inde- cember 17, 2009, in room 253 of the Rus- pendent review of the alternatives to current 3590, to amend the Internal Revenue sell Senate Office Building. tort litigation that are implemented under Code of 1986 to modify the first-time The PRESIDING OFFICER. Without grants under subsection (a) to determine the homebuyers credit in the case of mem- objection, it is so ordered. impact of such alternatives on the Medicare bers of the Armed Forces and certain program under title XVIII of the Social Se- other Federal employees, and for other COMMITTEE ON HOMELAND SECURITY AND curity Act, and its beneficiaries. purposes; which was ordered to lie on GOVERNMENTAL AFFAIRS ‘‘(2) MACPAC.—The Medicaid and CHIP the table; as follows: Mr. DURBIN. Mr. President, I ask Payment and Access Commission shall con- On page 999, between lines 16 and 17, insert unanimous consent that the Com- duct an independent review of the alter- the following: mittee on Homeland Security and Gov- natives to current tort litigation that are SEC. 3402. LIMITATION ON HOSPICE SPENDING. ernmental Affairs be authorized to implemented under grants under subsection Section 1814(i)(1)(C) of the Social Security meet during the session of the Senate (a) to determine the impact of such alter- Act, as amended by sections 3132 and 3401, is natives on the Medicaid or CHIP programs on December 17, 2009, at 10 a.m., to con- further amended— under titles XIX and XXI of the Social Secu- duct a hearing entitled ‘‘Safeguarding (1) in each of clauses (ii)(VII) and (iii), by rity Act, and their beneficiaries. the American Dream: Prospectus for striking ‘‘clause (iv)’’ and inserting ‘‘clauses ‘‘(3) REPORTS.—Not later than December Our Economic Future and Proposals to (iv) and (v)’’; 31, 2016, the Medicare Payment Advisory (2) in clause (iv)— Secure It.’’ Commission and the Medicaid and CHIP Pay- (A) in subclause (II)— The PRESIDING OFFICER. Without ment and Access Commission shall each sub- (i) by striking ‘‘subject to clause (v),’’; and mit to Congress a report that includes the objection, it is so ordered. (ii) by striking ‘‘0.5 percentage point’’ and findings and recommendations of each re- COMMITTEE ON INDIAN AFFAIRS inserting ‘‘0.25 percentage point’’; and spective Commission based on independent (B) by striking the flush sentence following Mr. DURBIN. Mr. President, I ask reviews conducted under paragraphs (1) and subclause (II); and unanimous consent that the Com- (2), including an analysis of the impact of (3) by striking clause (v) and inserting the the alternatives reviewed on the efficiency mittee on Indian Affairs be authorized following new clauses: and effectiveness of the respective programs. to meet during the session of the Sen- ‘‘(v) After determining the market basket ‘‘(i) OPTION TO PROVIDE FOR INITIAL PLAN- ate on December 17, 2009, at 2:15 p.m., percentage increase under clause (ii)(VII) or NING GRANTS.—Of the funds appropriated in room 628 of the Dirksen Senate Of- pursuant to subsection (k), the Secretary (iii), as applicable, with respect to fiscal years 2014 through 2019, if the Secretary de- fice Building. may use a portion not to exceed $500,000 per The PRESIDING OFFICER. Without State to provide planning grants to such termines there is excess hospice spending (as States for the development of demonstration defined in clause (vi)) for the fiscal year, the objection, it is so ordered. project applications meeting the criteria de- Secretary shall reduce such percentage by COMMITTEE ON THE JUDICIARY the amount of such excess hospice spending. scribed in subsection (c). In selecting States Mr. DURBIN. Mr. President, I ask to receive such planning grants, the Sec- The application of this clause may not result retary shall give preference to those States in the market basket percentage increase unanimous consent that the Com- in which State law at the time of the appli- under clause (ii)(VII) or (iii), as applicable, mittee on the Judiciary be authorized cation would not prohibit the adoption of an being less than 0.0 for a fiscal year. to meet during the session of the Sen- alternative to current tort litigation. ‘‘(vi) For purposes of clause (v), the term ate on December 17, 2009, at 10 a.m., in ‘‘(j) DEFINITIONS.—In this section: ‘excess hospice spending’ means— SD–226 of the Dirksen Senate Office ‘‘(1) HEALTH CARE SERVICES.—The term ‘‘(I) for fiscal year 2014, the excess (ex- Building, to conduct an executive busi- ‘health care services’ means any services pressed as a percentage) of— provided by a health care provider, or by any ‘‘(aa) the aggregate amount of payments ness meeting. individual working under the supervision of for hospice care under this title for fiscal The PRESIDING OFFICER. Without a health care provider, that relate to— year 2011; over objection, it is so ordered.

VerDate Nov 24 2008 02:38 Mar 11, 2010 Jkt 089060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD09\S17DE9.REC S17DE9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S13400 CONGRESSIONAL RECORD — SENATE December 17, 2009 COMMITTEE ON SMALL BUSINESS AND Mr. MCCONNELL. Parliamentary in- Schumer Tester Webb ENTREPRENEURSHIP quiry. Shaheen Udall (CO) Whitehouse Specter Udall (NM) Wyden Mr. DURBIN. Mr. President, I ask The PRESIDING OFFICER (Mr. DUR- Stabenow Warner unanimous consent that the Com- BIN). The Republican leader. NAYS—38 mittee on Small Business and Entre- Mr. MCCONNELL. Before we proceed preneurship be authorized to meet dur- to the vote, I would like to make a par- Alexander DeMint McCain Barrasso Ensign McConnell ing the session of the Senate on De- liamentary inquiry: I believe it is the cember 17, 2009, at 1:30 p.m. Bennett Graham Murkowski case that a simple motion to recess or Bond Grassley The PRESIDING OFFICER. Without Risch adjourn is not amendable; is that cor- Brownback Gregg Roberts objection, it is so ordered. rect? Bunning Hatch Sessions AD HOC SUBCOMMITTEE ON CONTRACTING Burr Hutchison Shelby OVERSIGHT The PRESIDING OFFICER. The Re- Coburn Inhofe Snowe Cochran Isakson publican leader is correct. Thune Mr. DURBIN. Mr. President, I ask Collins Johanns Vitter unanimous consent that the Ad Hoc Mr. MCCONNELL. Further inquiry. I Corker Kyl Voinovich also believe that a motion to recess or Cornyn LeMieux Subcommittee on Contracting Over- Wicker sight of the Committee on Homeland adjourn to a time certain is amendable Crapo Lugar Security and Governmental Affairs be with time changes. NOT VOTING—3 The PRESIDING OFFICER. The Re- authorized to meet during the session Byrd Chambliss Enzi of the Senate on December 17, 2009, at publican leader is correct. 2 p.m., to conduct a hearing entitled, Mr. MCCONNELL. I will not offer an The motion was agreed to. ‘‘Afghanistan Contracts: An Over- amendment to change the time to con- The PRESIDING OFFICER. The Sen- view.’’ vene later, but so everybody will know, ate stands in recess until 12:01, a.m., The PRESIDING OFFICER. Without with regard to their own personal Friday, December 18, 2009. objection, it is so ordered. schedules, this vote could occur at any Thereupon, the Senate, at 6:52 p.m., SELECT COMMITTEE ON INTELLIGENCE time tomorrow. It wouldn’t have to be recessed until Friday, December 18, Mr. DURBIN. Mr. President, I ask at 1 a.m. The majority leader has the 2009, at 12:01 a.m. unanimous consent that the Select discretion to do that. We are, of course, Committee on Intelligence be author- prepared to talk around the clock and f ized to meet during the session of the happy to have a vote at 1 o’clock. I just Senate on December 17, 2009, at 2:30 want everybody to understand it is my NOMINATIONS a.m. understanding that the majority leader The PRESIDING OFFICER. Without does have the ability to set the vote Executive nominations received by objection, it is so ordered. later than 1 a.m. the Senate: SUBCOMMITTEE ON CONSUMER PROTECTION, The PRESIDING OFFICER. The ma- DEPARTMENT OF TRANSPORTATION PRODUCT SAFETY, AND INSURANCE jority leader. Mr. DURBIN. Mr. President, I ask DAVID T. MATSUDA, OF THE DISTRICT OF COLUMBIA, Mr. REID. I ask for the yeas and nays TO BE ADMINISTRATOR OF THE MARITIME ADMINISTRA- unanimous consent that the Sub- on my motion. TION, VICE SEAN T. CONNAUGHTON, RESIGNED. committee on Consumer Protection, The PRESIDING OFFICER. Is there a NATIONAL COUNCIL ON DISABILITY Product Safety, and Insurance of the sufficient second? GARY BLUMENTHAL, OF MASSACHUSETTS, TO BE A Committee on Commerce, Science, and There appears to be a sufficient sec- MEMBER OF THE NATIONAL COUNCIL ON DISABILITY Transportation be authorized to meet FOR A TERM EXPIRING SEPTEMBER 17, 2010, VICE ANNE during the session of the Senate on De- ond. RADER, TERM EXPIRED. The question is on agreeing to the CHESTER ALONZO FINN, OF NEW YORK, TO BE A MEM- cember 17, 2009, at 2:30 p.m., in room 253 BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A motion. TERM EXPIRING SEPTEMBER 17, 2012, VICE KATHLEEN of the Russell Senate Office Building. MARTINEZ, TERM EXPIRED. The PRESIDING OFFICER. Without The clerk will call the roll. SARA A. GELSER, OF OREGON, TO BE A MEMBER OF THE objection, it is so ordered. The assistant legislative clerk called NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- ING SEPTEMBER 17, 2011, VICE PATRICIA POUND, TERM SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS the roll. EXPIRED. Mr. DURBIN. Mr. President, I ask Mr. DURBIN. I announce that the ARI NE’EMAN, OF MARYLAND, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIR- unanimous consent that the Sub- Senator from West Virginia (Mr. BYRD) ING SEPTEMBER 17, 2012, VICE ROBERT DAVILA, TERM EX- committee on Public Lands and For- is necessarily absent. PIRED. DONGWOO JOSEPH PAK, OF CALIFORNIA, TO BE A MEM- ests be authorized to meet during the Mr. KYL. The following Senators are BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A session of the Senate to conduct a necessarily absent: the Senator from TERM EXPIRING SEPTEMBER 17, 2012, VICE TONY J. WIL- LIAMS, TERM EXPIRED. hearing on December 17, 2009, at 2:30 Wyoming (Mr. ENZI) and the Senator CAROL JEAN REYNOLDS, OF COLORADO, TO BE A MEM- p.m., in room SD–366 of the Dirksen from Georgia (Mr. CHAMBLISS). BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A TERM EXPIRING SEPTEMBER 17, 2010, VICE LISA Senate Office Building. The PRESIDING OFFICER (Mr. MATTHEISS, TERM EXPIRED. The PRESIDING OFFICER. Without BEGICH). Are there any other Senators FERNANDO TORRES-GILL, OF CALIFORNIA, TO BE A MEMBER OF THE NATIONAL COUNCIL ON DISABILITY objection, it is so ordered. in the Chamber desiring to vote? FOR A TERM EXPIRING SEPTEMBER 17, 2011, VICE f The result was announced—yeas 59, GRAHAM HILL, TERM EXPIRED. JONATHAN M. YOUNG, OF MARYLAND, TO BE A MEM- PRIVILEGES OF THE FLOOR nays 38, as follows: BER OF THE NATIONAL COUNCIL ON DISABILITY FOR A [Rollcall Vote No. 380 Leg.] TERM EXPIRING SEPTEMBER 17, 2012, VICE KATHERINE O. Mr. LEVIN. Mr. President, first, on MCCARY, TERM EXPIRED. YEAS—59 behalf of Senator DODD, I ask unani- BARRY GOLDWATER SCHOLARSHIP & mous consent that a military fellow in Akaka Durbin Leahy EXCELLENCE IN EDUCATION FOUNDATION his office, CPT Joslyn Hemler, be Baucus Feingold Levin Bayh Feinstein Lieberman GWENDOLYN E. BOYD, OF MARYLAND, TO BE A MEM- granted floor privileges during the con- BER OF THE BOARD OF TRUSTEES OF THE BARRY GOLD- Begich Franken Lincoln WATER SCHOLARSHIP AND EXCELLENCE IN EDUCATION sideration of the 2010 Department of Bennet Gillibrand McCaskill FOUNDATION FOR A TERM EXPIRING AUGUST 11, 2014, Defense appropriations bill. Bingaman Hagan Menendez VICE DONALD J. SUTHERLAND, TERM EXPIRED. The PRESIDING OFFICER. Without Boxer Harkin Merkley PEGGY GOLDWATER-CLAY, OF CALIFORNIA, TO BE A Brown Inouye Mikulski MEMBER OF THE BOARD OF TRUSTEES OF THE BARRY objection, it is so ordered. Burris Johnson Murray GOLDWATER SCHOLARSHIP AND EXCELLENCE IN EDU- CATION FOUNDATION FOR A TERM EXPIRING JUNE 5, 2012. f Cantwell Kaufman Nelson (NE) (REAPPOINTMENT) Cardin Kerry Nelson (FL) RECESS UNTIL 12:01 A.M. Carper Kirk Pryor SMALL BUSINESS ADMINISTRATION Casey Klobuchar Reed TOMORROW MARIE COLLINS JOHNS, OF THE DISTRICT OF COLUM- Conrad Kohl Reid BIA, TO BE DEPUTY ADMINISTRATOR OF THE SMALL Mr. REID. Mr. President, I now move Dodd Landrieu Rockefeller BUSINESS ADMINISTRATION, VICE JOVITA CARRANZA, to recess until 12:01 a.m. Dorgan Lautenberg Sanders RESIGNED.

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HONORING ROSE KAUFMAN glaring anomaly in our current law. If you are 199, rollcall Vote No. 932; H. Con. Res. 206, a family farmer, if you are a real estate specu- rollcall Vote No. 933; H. Res. 940, rollcall Vote HON. NANCY PELOSI lator, or if you own 5 or 20 or 50 homes, for No. 934; H. Res. 845, rollcall Vote No. 935; OF CALIFORNIA example, you are allowed to use bankruptcy to H.R. 2278, rollcall Vote No. 936; H. Res. 915, IN THE HOUSE OF REPRESENTATIVES modify your mortgage. The only exception is rollcall Vote No. 937; and H. Res. 907, rollcall Wednesday, December 16, 2009 the family home. Our amendment would Vote No. 938. change that and allow bankruptcy judges to f Ms. PELOSI. Madam Speaker, I rise today modify mortgages for people facing imminent to honor the life of an extraordinary wife, foreclosure. HONORING THE 65TH ANNIVER- mother, grandmother, and artist, Rose Kauf- Millions of Americans have lost their homes SARY OF THE BATTLE OF THE man. due to foreclosure and millions more are at BULGE The Pelosi family was blessed to be forever risk of doing so. In fact, there were 937,840 joined to the Kaufman family when our daugh- foreclosure filings in the third quarter of 2009. ter Christine married Rose and Phil’s son, HON. JOE SESTAK This was up 23 percent from one year ago. It Peter. Their wedding brought us all closer to- OF PENNSYLVANIA is time we helped these families, just as we gether and made us a single family and dear IN THE HOUSE OF REPRESENTATIVES have helped large banks and other financial friends. Wednesday, December 16, 2009 institutions. Rose was a beautiful person inside and out. Now, in the past we have heard from lend- Mr. SESTAK. Madam Speaker, December I enjoyed listening to her warm, witty insights ers that this kind of change will increase bor- 16, 2009 marks the 65th Anniversary of the about people and her career in the arts. She rowing costs for everyone else. Of course, this Battle of the Bulge. On this day 65 years ago, was an actor and a screenwriter; a creative is the same industry that in 2005 told us that German forces launched the Ardennes Offen- force and an active member of the San Fran- making bankruptcy more onerous would re- sive against American and Allied Forces in cisco community. She was full of passion and duce people’s interest costs by $400 per year Belgium, Luxemburg, and Germany. The Bat- spirit, brimming with ideas, committed to artis- on their credit cards. Nothing of the sort hap- tle of the Bulge, which lasted 40 days, rep- tic excellence and the rich culture of our City pened. resents one of the greatest displays of valor, and our nation. honor, and perseverance in American military Her remarkable story brought her together And we tried an alternative—the voluntary history. It also marked the beginning of the with Philip, her husband of 51 years. They modification route. Unfortunately, it has not end of World War II. shared a love of film and art in all forms. They helped the vast majority of distressed home- One week into this historic battle, com- collaborated on screenplays and build a warm, owners. manding officer General Anthony McAuliffe welcoming home for friends and family. Their As of November 30, only 4 percent of strug- was approached by Colonel Harper with a partnership began as filmmakers, as profes- gling homeowners in the Treasury Depart- note from Germany’s command asking for an sional peers; it transformed into a love story— ment’s Home Affordable Modification Program ‘‘honorable surrender’’ by American forces. one that stretched from their work on Phil’s received permanent loan modifications— When General McAuliffe was read the note, first film through her courageous battle with 31,382 out of 728,000. This week, the Finan- he laughed and exclaimed, ‘‘Us surrender? cancer in recent years. cial Services Committee heard testimony that The memories of Rose Kaufman will be this program is ‘‘destined to fail’’ because it Aw, nuts!’’ He then realized that a reply was ones of joy, happiness, optimism and cre- does not address negative equity. in order, and began to ask his staff what he ativity. Our whole family mourns Rose’s pass- The Congressional Budget Office estimates should say. Lieutenant General Harry Kinnard ing, and will be reminded of her fun-loving that one million households could benefit from spoke up, saying ‘‘That first remark of yours spirit in the laughter of Octavio and Isabella. this measure, with no additional cost to tax- would be hard to beat.’’ ‘‘What do you mean?’’ We will long remember her warmth, her vi- payers. asked McAuliffe. ‘‘Sir, you said ‘Nuts’.’’ replied brant personality, her commitment to those So, it is time to take the next step. It is time the Lieutenant General. And that was the an- she loved, and her enduring contributions to to give homeowners the same rights as every- swer that McAuliffe gave back to the Ger- those who loved her. one else, and let them modify their mortgages mans; Nuts. Surrender was never an option for our boys. f in bankruptcy. It is time to help average citizens stay in their homes, just like we have Despite being outnumbered and outgunned at WALL STREET REFORM AND CON- helped big financial institutions. the onset of the battle, the Allied Forces re- SUMER PROTECTION ACT OF 2009 I strongly urge all Members to support this fused to yield. Even when they were forced to amendment. retreat to Bastogne in the face of an over- SPEECH OF f whelming German force, the objective re- HON. JERROLD NADLER mained the same: stop Hitler’s army, whatever OF NEW YORK PERSONAL EXPLANATION it takes. IN THE HOUSE OF REPRESENTATIVES According to the Department of Defense, Friday, December 11, 2009 HON. DAVID G. REICHERT American forces suffered almost 90,000 cas- OF WASHINGTON ualties during the battle, including 19,000 The House in Committee of the Whole IN THE HOUSE OF REPRESENTATIVES killed, 47,500 wounded and 23,000 missing. It House on the State of the Union had under is our duty to honor those lost in battle, and consideration the bill (H.R. 4173) to provide Wednesday, December 16, 2009 for financial regulatory reform, to protect to acknowledge the sacrifice they made—the consumers and investors, to enhance Federal Mr. REICHERT. Madam Speaker, as indi- ultimate sacrifice—in defense of our freedom understanding of insurance issues, to regu- cated in the Leave of Absence request grant- and security. These men were not expecting late the over-the-counter derivatives mar- ed by the House of Representatives, I was not combat. In fact, the area they were defending kets, and for other purposes: in attendance for votes on Tuesday, Decem- had been considered a ‘‘quiet sector’’. As the Mr. NADLER of New York. Madam Chair, I ber 8, 2009, so that I could support my con- German Forces advanced, neither they nor rise in strong support of this amendment to stituents, the law enforcement community, and their officers were aware of the impending at- H.R. 4173, which I sponsored along with Con- the residents of the Pacific northwest at a me- tack. Hitler’s army confronted them with half a gressman MARSHALL, Judiciary Committee morial service to mourn the tragic loss of four million troops, 1,800 tanks, and thousands of Chairman CONYERS, and many other of my Lakewood Police officers. guns, yet our men prevailed. distinguished colleagues. Were I in attendance, I would have voted in In this way, the Battle of the Bulge serves This amendment would help millions of favor of the Motion to Instruct Conferees on as both a legacy and a precedent. Its legacy Americans across the Nation and correct a H.R. 3288, rollcall Vote No. 931; H. Con. Res. is that of the largest land battle in our Army’s

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

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.001 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3020 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 history and the turning point of World War II. lions of dollars back to greater Columbus, in the nation. In my own 11th District, I am Its precedent is the model it provides, even leaving a legacy for Phil that will stand for proud to serve communities ranging from today, for our men and women in combat. years to come. Peotone, in the near Chicago, to smaller com- During my 31 years of service in the Navy, I Through such distinction and service to his munities, such as Streator and Princeton. In witnessed acts of extraordinary bravery and company and to Columbus, Phil stands as a my district and across the state, farmers and resolve among the men and women under my pillar of our community. I am very pleased to urban professionals, teachers and firefighters command. As a Vice Admiral, I was honored thank him for all he has done for Central Ohio. all compose the diverse body of Americans to serve with the finest sailors that our country I offer my congratulations to Phil Urban for known as Illinoisans. I am proud to join them has to offer and witness these men and a career spent in service. I hope the spirit he today in celebrating our great state. women perform their duties with the same pur- daily brings forth in his life and work continues pose and spirit that led the Allied Forces to to inspire his friends and co-workers for years f victory 65 years ago. to come. LEE DERROUGH This past August, I was honored with the f opportunity to welcome the 83rd Infantry Divi- sion of World War II to my District. Many of CELEBRATING THE 191ST ANNI- HON. SAM GRAVES VERSARY OF THE STATE OF IL- these men served in the Battle of the Bulge, OF MISSOURI LINOIS and it was with tremendous gratitude and re- IN THE HOUSE OF REPRESENTATIVES spect that I addressed them, shared my own Wednesday, December 16, 2009 experiences as a Veteran, and fielded ques- HON. DEBORAH L. HALVORSON tions. As the son of a Navy Captain who OF ILLINOIS Mr. GRAVES. Madam Speaker, it is with served in the War, I have an understanding of IN THE HOUSE OF REPRESENTATIVES great pride and pleasure that I rise today to recognize the outstanding service and leader- the sacrifices these men made to serve their Wednesday, December 16, 2009 country, including the years they spent away ship of Lee Derrough, on the occasion of his from home and family. I cannot begin to ex- Mrs. HALVORSON. Madam Speaker, today retirement as CEO of Hunt Midwest Enter- press how grateful I am to these men and the I rise to recognize a great day in American prises Inc. deep appreciation for all they have done to history. On December 3, 1818 Illinois joined Lee is a 1967 journalism graduate of the defend the democratic principles of this nation. the United States of America. This month University of Kansas. Lee faithfully served It is with humility and a strong sense of obli- marks the 191st anniversary of this event. I forty-two years with the Hunt Organization. He gation that I ask us to recognize the Allied join over 12 million Illinoisans in celebrating began his career as a public relations assist- Forces’ victory at the Battle of the Bulge in our great state’s inclusion in the Union. ant for the Kansas City Chiefs. Lee then be- late January, 1945 and the men who made For nearly two centuries, Illinois has occu- came the Marketing Director for Worlds of that victory possible. pied an important position within our country. Fun, before becoming General Manager of the From Illinois, great, transformative leaders f park in 1974. It was also Lee’s idea to develop have risen to national prominence. In 1830, Oceans of Fun, which, with Worlds of Fun, be- RECOGNIZING THE CAREER OF our 16th President, Abraham Lincoln, moved came the largest tourist attraction for Kansas PHIL URBAN to Illinois where he practiced law in Springfield City, providing hundreds of jobs and opportu- and served in our state legislature and the nities for young people throughout the metro- HON. PATRICK J. TIBERI U.S. House of Representatives before winning politan community. Many of the people who OF OHIO the presidency in 1860. It was in Illinois where worked for Lee have gone on to be major con- IN THE HOUSE OF REPRESENTATIVES Lincoln and foe, Senator Stephen Douglas, tributors to our community in their roles as debated the issue of slavery, the first of which Wednesday, December 16, 2009 lawyers, judges, doctors, teachers and busi- was in Ottawa. Lincoln proclaimed that, ‘‘A ness associates. Mr. TIBERI. Madam Speaker, I am ex- house divided against itself cannot stand.’’ It Under Lee’s leadership, he grew and devel- tremely pleased to honor the work of Phil was Illinois that answered Lincoln’s call by oped more than 6,000 acres of surface com- Urban, on the occasion of his retirement as being the first state to ratify the Thirteenth mercial and residential real estate for Hunt President and CEO from Grange Insurance. Amendment to the Constitution, abolishing Midwest Real Estate Development, Inc. He Our nation has always been blessed by the slavery. Today, we are proud to have another also served on the Boards of Directors for the many individuals, who through their innovation Illinoisan following Lincoln’s legacy in the Greater Kansas City Chamber Commerce, the and drive led a successful business that im- White House, our 44th President Barack Kansas City Chiefs Football Club, the Civic pacted a community and its people. Motivated Obama, with whom I served in Springfield and Council of Kansas City, the Clay County EDC, by an unceasing spirit, these entrepreneurs who served our great state in the U.S. Senate. the Missouri Transportation Alliance. Lee also built this great country through their work and Illinois is home to a wide array of historic served as the Chairman of the Board for the accomplishments. Today, the tremendous sites testifying to its important role in our na- Economic Development Corporation of Kansas strength of America and individual commu- tion’s history. From Chicago’s Museum of City and the Convention and Visitors Bureau nities like Central Ohio are still sustained Science and Industry, a physical remnant of of Greater Kansas City. through the passion and vitality of these dedi- the 1893 World’s Fair, to the Cahokia Mounds, Madam Speaker, I ask my colleagues to join cated people. Therefore, those who contribute a pre-Columbian settlement in the southern with me in commending Lee Derrough for his to this heritage deserve to be honored for their part of the state, Illinois bears many of our na- dedicated service to the people of Kansas service. tion’s historical riches. City, Missouri and the Hunt Midwest Organiza- As president and chief executive officer, Phil In addition, Illinois serves as one of the tion. I know Lee’s colleagues, family and Urban directed Grange Insurance to the leaders in our nation’s economy. Illinois is at friends join with me in thanking him for his heights of its industry, becoming a standout- the forefront of agriculture. It is the number commitment to others and wishing him happi- provider in a crowded market. Phil’s unparal- two producer of corn, number one producer of ness and good health in his retirement. leled focus on his craft and drive to succeed soybeans in the United States, and a major helped lead Grange to numerous industry producer of pork. Illinois is one of our nation’s f awards and unprecedented profits. Yet, profits leading transportation hubs, which contribute cannot solely capture Phil’s legacy in our com- greatly to our local economy. My district is PERSONAL EXPLANATION munity. Since announcing his retirement ear- home to the largest intermodal in the country, lier this year, Phil has been inundated with an which provides thousands of local jobs. Many HON. JIM GERLACH outpouring of affection and praise by his peers large corporations call Illinois home, such as OF PENNSYLVANIA and the entire Grange family, all of which can State Farm Insurance of Bloomington, which is IN THE HOUSE OF REPRESENTATIVES surely attest to the impact he made in his po- a major employer in Illinois’ 11th Congres- sition. The respect he showed for his over sional District. Many motion pictures have Wednesday, December 16, 2009 1,500 Central Ohio employees is well-known been filmed in Illinois including the classic film Mr. GERLACH. Madam Speaker, unfortu- and is a part of why Grange has become a Blues Brothers. nately, on Monday, December 14, 2009, I company emulated and respected by many. Within Illinois, communities from large urban missed two recorded votes on the House floor. Additionally, the weight Phil placed on cor- cities to small rural villages come together to Had I been present, I would have voted YEA porate responsibility led Grange to give mil- form the fabric of the fifth most populous state on rollcall 969 and YEA on rollcall 970.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 0634 E:\CR\FM\K16DE8.001 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3021 WES BANNISTER RECOGNITION ‘‘If it weren’t for his encouragement and sup- the United States military chaplaincy, distrib- port, I would not be serving in the Assembly uted more than 1,000,000 Bibles to members today. Wes was invaluable to me and many of the Armed Forces looking for courage, guid- HON. DANA ROHRABACHER of my colleagues when it came to solving ance, and comfort. OF CALIFORNIA state water issues. He was a mentor and a When the gates of Ellis Island opened in IN THE HOUSE OF REPRESENTATIVES true friend who genuinely cared about the people in his community and gave of his 1890, the New York Bible Society greeted new Wednesday, December 16, 2009 time and energy to making a difference.’’ immigrants with a copy of Scripture in their na- Mr. ROHRABACHER. Madam Speaker, I Director Bannister was also the Repub- tive language, and over the 60 years that fol- would like to bring to the attention of my col- lican nominee for California Insurance Com- lowed, provided an average of 160,000 copies leagues the following press release, which missioner in 1990 and was nominated to the of Scripture each year to immigrants. Electoral College by President Bush in that tells the story of Wes Bannister, who suc- In 1962, John Glenn lifted off into space same year. He also served on the West Or- with a Bible he received from the New York cumbed to cancer earlier this month. As the ange County Board from 1986 to 1990 and on first Vice President of the Orange County the Orange County Sanitation District Board Bible Society. In 1968, the New York Bible So- Water District, he advised me on water issues of Directors, District 11, from 1988 to 1990. ciety sponsored the Committee on Bible for many years, and gave me his personal di- In 1986, Director Bannister was appointed Translation, a group responsible for creating rection. He was a leader in the community and by the Governor to the California FAIR Plan the New International Version, which is now the state, and he will be missed. I know first- Board of Governors and continued to serve the most widely distributed, contemporary hand that his contributions will be enjoyed by on this Board until his untimely death. English version in the world, with more than Since 1993, Director Bannister had rep- Orange Countians for generations to come. 300,000,000 copies in circulation. resented OCWD on the Board of Directors of The New York Bible Society moved to Colo- WATER INDUSTRY LOSES A GREAT LEADER the Association of California Water Agencies rado Springs, Colorado in 1988 and became THE ORANGE COUNTY WATER DISTRICT BOARD Joint Powers Insurance Authority (ACWA- AND STAFF MOURNS THE UNTIMELY LOSS OF JPIA). While serving, the Board elected him the International Bible Society. FIRST VICE PRESIDENT, DIRECTOR WES BAN- to the Governing Committee and to serve Following the 9/11 terrorist attacks, the NISTER two years as its Vice President. Following International Bible Society distributed more FOUNTAIN VALLEY, CA (Dec. 11, 2009).—In his two-year term, the Board elected him than 800,000 copies of Scripture to those the late hours of December 10, 2009, the water President in 2005 for a three-year term. seeking hope and comfort during one of the world and Orange County lost an important Active in local affairs, Director Bannister darkest moments in United States history. The trailblazer and public servant, Wesley ‘‘Wes’’ served on the boards of the Boys and Girls International Bible Society also provided Scrip- Mastin Bannister lost his battle with cancer. Club and YMCA, as Charter President of the Huntington Beach Sunrise Rotary Club and ture to disaster survivors worldwide, including Wes Bannister was elected to the Orange victims of Hurricane Katrina and the 2004 In- County Water District (OCWD) Board of Di- as an advisor to the Huntington Beach rectors in 1991 representing Division 6, which Search and Rescue Post 536. dian Ocean tsunami. includes Fountain Valley, Huntington Beach Director Bannister was born in Houston, The International Bible Society merged with and parts of Westminster. He was re-elected Texas in 1936. He and his wife Elizabeth Living Bibles International and Send the Light to four consecutive four-year terms in 1996, (Betty) Ann Rogers Bannister were married and today operates as Biblica. 2001, 2004 and 2008. He was elected in 2007 and at Fort Sill in Oklahoma in 1959 where he Biblica is one of the largest distributors of 2008 by his fellow board members to serve as was stationed and recently celebrated their Bibles and biblical resources in the world, op- the District’s 1st Vice President. 50th wedding anniversary. Director Ban- erates in 54 countries, and has translated the ‘‘The Board and staff of the Orange County nister and his wife Betty have lived in Hun- tington Beach since 1969. Together, the Ban- Bible into more than 100 languages. Biblica is Water District have lost an incredible leader the leading provider of Bible translations on who lived and breathed water,’’ stated OCWD nisters welcomed three children Catherine Board President Stephen R. Sheldon. ‘‘Those (Cathy) Ann, Alice (Lisa) Elizabeth and the Internet, providing the Bible in 29 lan- who had the privilege of working with Wes Douglas (Doug) Mastin. guages to more than 100,000,000 Internet know that he had the tenacity to get to the In addition to devoting much of his time to users annually. core of critical issues and drive and inspire serving the communities of Orange County, It is an honor to recognize Biblica as an in- others to do what was right and economi- Director Bannister founded Bannister and tegral part of our nation’s history and I com- cally sound. He stood true to his principles Associates Insurance Agency in 1974, from mend them for the contributions they have and convictions, like no other person. We are which he retired in 2003. The family business continues to flourish under the leadership of made to the United States and around the truly sorry for his family’s great loss.’’ world. During his tenure as a Board Member, the his two surviving children Alice (Lisa) Eliza- District celebrated many important achieve- beth Bannister and Douglas (Doug) Mastin f Bannister. Director Bannister is also sur- ments including the building and operation HONORING THE LIFE OF MARY of the Groundwater Replenishment (GWR) vived by two grandchildren Kaitlyn Michelle System, the largest water purification and Brent Douglas. MADELEINE SEGAL HALL project of its kind in the world, and a state- f of-the-art Advanced Water Quality Assur- HON. RALPH M. HALL RECOGNIZING AND COMMENDING ance Laboratory. OF TEXAS In addition to serving on the OCWD Board, THE 200TH ANNIVERSARY OF IN THE HOUSE OF REPRESENTATIVES in 1993 Director Bannister was appointed Di- BIBLICA rector to the Metropolitan Water District of Wednesday, December 16, 2009 Southern California (MWD) representing the Municipal Water District of Orange County. HON. DOUG LAMBORN Mr. HALL of Texas. Madam Speaker, I rise In 2004, Director Bannister was elected as OF COLORADO today to honor the life of Mary Madeleine Chair of the MWD Board of Directors, for IN THE HOUSE OF REPRESENTATIVES Segal Hall, a remarkable woman and personal which he served until October 31, 2006. friend who passed away on October 6, 2009 ‘‘Wes was a principled leader and com- Wednesday, December 16, 2009 at the age of 85. mitted advocate for Orange County and its Mr. LAMBORN. Madam Speaker, I rise Mary was born on July 18, 1924 in Jeffer- water interests who also worked faithfully to today to recognize and commend Biblica for son, Texas to Margaret Manning and Maurice address the water challenges facing the en- the contributions they have made to our coun- Segal. She graduated from Jefferson High tire southern California region,’’ said Wayne Clark, President of the Municipal Water Dis- try and join with them in the celebration of School in 1940 and went on to attend the Col- trict of Orange County (MWDOC). ‘‘We were their 200th anniversary. lege of Marshall, now East Texas Baptist Uni- honored to have had Wes represent MWDOC On December 4, 1809, a small group of versity, where she met her future husband of as one of our appointed representatives to concerned citizens met in lower Manhattan to 48 years, the late Sam B. Hall, Jr., a former the Metropolitan Water District of Southern discuss how to make the Bible available to the member of the U.S. House of Representatives California and we are going to miss our good residents of the city and formed the New York and my good friend. friend.’’ Bible Society, beginning an organization that Throughout her 85 years, Mary was a dedi- Director Bannister devoted over 23 years to has been woven into the fabric of United cated member of the community. Her civic serving the communities of Orange County. He served on the Huntington Beach City States culture for 200 years. commitment was evidenced by the many com- Council from 1986 to 1990, including as Mayor The New York Bible Society provided Scrip- munity organizations in which she was in- in 1989. ‘‘I had the distinct honor of serving ture for members of the United States Armed volved. She was a charter member of Marshall with Wes on the City Council’’, stated As- Forces in each conflict, foreign and domestic, Symphony League, served on the Boards of semblyman Jim Silva (R-Huntington Beach). since the War of 1812, and in partnership with Marshall Symphony Society and the Starr

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She loved her life in lions of dollars of deficit spending on the war, Washington where she would give tours of the INTRODUCTION OF THE UNITED we can begin bringing down that deficit with White House on a regular basis. In 1977, she STATES WAR BONDS ACT OF 2009 much smaller individual sacrifices now. and her husband were named the first recipi- The U.S. War Bonds Act of 2009 finds a ents of the J. Wesley Smith Award given an- HON. KENDRICK B. MEEK precedent in World War II savings bonds. nually by East Texas Baptist University for OF FLORIDA From May 1, 1941, through December 1945, outstanding achievements. IN THE HOUSE OF REPRESENTATIVES the War Finance Division and its predecessors were responsible for the sale of nearly $186 Mary was a devoted Christian and served Wednesday, December 16, 2009 as a member of Eastern Hills Church of Christ billion worth of government securities. Of this, in Marshall. She is survived by three daugh- Mr. MEEK of Florida. Madam Speaker, I rise more than $54 billion was in the form of war ters and sons-in-law, Becky and W.F. Palmer, today to introduce before the House of Rep- savings bonds. Amanda and Tom Wynn, and Sandra and Don resentatives, the War Bonds Act of 2009. War I believe that the same patriotism is alive Bodenhamer; five grandchildren, and five bonds are a cost-effective way to reduce our and well today, and that as a Nation and a great-grandchildren. She was a very loving, dependence on foreign creditors and create people we have not lost the will to make col- wonderful mother, grandmother, and great- an outlet for Americans to express their patri- lective sacrifices for the greater good. The grandmother; she was someone you wanted otism and support for our servicemembers as men and women in the U.S. military are fight- to emulate. Mary was a wonderful wife to her well as the security mission for which they are ing year-round in faraway places, with their husband and wherever he was, she loved deployed. sacrifices and those of their families beyond being there. To be sure, thousands of Americans have comprehension. I believe that in that same Madam Speaker, it gives me great pleasure made tremendous sacrifices over the course spirit, Americans will be able to use war bonds to honor the life, accomplishments, and mem- of this war. Members of the military, their fami- to offer a token of respect, admiration, and ory of Mrs. Mary Madeleine Segal Hall. Her lies, and their friends have gone above and support for those in uniform who show the contributions will be greatly missed but her beyond the call of duty, and we must never same for us every day of their lives. kindness and service will not be forgotten. take their service for granted. Many of us have f begun shopping for our friends and families f A BILL TO DIRECT THE PRESI- this holiday season, while a relatively small DENT TO TRANSMIT TO CON- CONFERENCE REPORT ON H.R. 3288, group of families are preparing to send their GRESS A REPORT ON ANTI- CONSOLIDATED APPROPRIA- loved ones off to battle. AMERICAN INCITEMENT TO VIO- TIONS ACT. 2010 We have an opportunity to bridge that dis- LENCE IN THE MIDDLE EAST connection. We have an opportunity to open SPEECH OF our wallets and provide gifts, big or small, to our troops. These funds will go toward more HON. DENNIS J. KUCINICH HON. ED PERLMUTTER OF OHIO OF COLORADO than war machinery, but to clothing, feeding, IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES securing, and providing medical services for our service men and women abroad. It will Wednesday, December 16, 2009 Thursday, December 10, 2009 allow them the means to make quick work of Mr. KUCINICH. Madam Speaker, H.R. 2278 Mr. PERLMUTTER. Mr. Speaker, I rise to their mission and to return home safely to their condemns the use by groups designated as day to let the CONGRESSIONAL RECORD reflect families. The War Bonds Act of 2009 will allow Foreign Terrorist Organizations in the Middle a clerical error in the Consolidated Appropria- Americans to show their support for the troops East of television programs to incite anti- tions Act for Fiscal Year 2010. even if they are wary about the war itself. American violence. In July of this year, shortly after the Com- We also need to responsibly finance the in- I do not condone the use of television pro- mittee on Appropriations made available the crease in troop levels rather than continuing gramming to promote anti-American sentiment appropriations requests included in its Trans- deficit spending for the mission. Each soldier, in the Middle East; I strongly object to it. Simi- portation and Housing and Urban Develop- sailor, airman, and marine that we send larly, I strongly condemn ongoing policies that ment Appropriations Act, it came to my atten- abroad costs $1 million per deployment. A seek to punish civilian populations in an effort tion my name was incorrectly placed as a joint 34,000 person troop increase could raise our to undermine political leadership in their re- sponsor of a project request which provides Afghanistan tab by some $40 billion per year, spective countries. However, if we want to $10,312 for the Southeast Corridor Light Rail affecting our ability to invest domestically and stop anti-American incitement in the Middle in Denver, Colorado. While I am supportive of to rebuild our military from the wear of the Iraq East, we must end our military occupation of this project and the broader FasTracks mass war. In past wars, Congress has raised taxes Iraq and Afghanistan, we must put an end to transit plan of Colorado’s Regional Transpor- to fund most of our fighting, but since 9/11 the the drone attacks in Pakistan and we must tation District, RTD, I did not request funding war bills have been piling up. Our engage- end the blockade of Gaza. for this project. Upon discovery, my staff in- ments in the Middle East have been financed Our continued occupation fuels the insur- formed the Committee on Appropriations of primarily by debt, money borrowed from for- gency in Iraq and the Taliban in Afghanistan. this error and asked that it be corrected. eign countries. In fact, nearly $3.5 trillion—46 Just this week, over 100 people have been On December 10, the House passed the percent of U.S. debt—is held by foreign inves- killed and almost 200 wounded in a series of Consolidated Appropriations Act for Fiscal tors. bombings in Baghdad, resulting in one of the Year 2011. In that conference report, my War bonds allow us to borrow from our- deadliest attacks in Iraq this year. President name was again mistakenly attached to this selves, rather than other countries. United Obama accepted his Nobel Peace Prize as project by committee staff during the filing States savings bonds are considered some of over 16,000 American troops were readying process. Because both chambers have the safest investments in the world. They are for deployment as part of our military esca- passed this conference report, there is no available in predetermined denominations and lation in Afghanistan. method short of a Presidential veto for me to mature over a period of time while accruing in- More unmanned drone attacks in Pakistan correct this error. Therefore, I would like to let terest. After a number of years, the owner of have been authorized by President Obama the CONGRESSIONAL RECORD reflect this mis- the bond can collect the face value cost of the during his first three months in office than take and my lack of involvement in this bond plus interest. All U.S. savings bonds are President Bush ordered during his entire presi- project. backed by the full faith and credit of the dency. Predator drones have killed hundreds To be clear, no official from RTD or any United States Government. of innocent civilians and have spurred signifi- other organization asked me or my staff to re- The legislation I am introducing today will cant anti-American sentiment. The recent rev- quest funding for this project. Nor did I submit allow American citizens to do our part without elations that the C.I.A. is running the predator any material to the Appropriations Committee being required to do so through taxation. The drone program show that we are deploying an requesting funding for this project. As such, I legislation will authorize the Treasury to issue extraordinary use of lethal force in a country did not post information on the process on my and market war bonds to the American people we are not at war with.

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On the eve of the one-year anniversary of merous grandchildren, nieces, nephews, and land Security Subcommittee Chairman ROB- Operation Cast Lead, the people of Gaza con- friends. Madam Speaker, I ask those here ERT C. ‘‘BOBBY’’ SCOTT and I would like to take tinue to suffer immeasurably under the U.S. today to join me in remembrance of this great this opportunity to thank Karen Wilkinson for imposed blockade, living in tents next to the American, James Robert Paxton. her work with the Committee for the past 2 remains of their homes. Not one house has f years. been rebuilt and not one pane of glass has Karen came to us as a detailee from the been allowed in. Ninety-five percent of the HONORING U.S. MARINE CORPS Administrative Office of the United States drinking water is unfit for human consumption VETERAN JOHN D. DAY Courts. At the end of December, Karen will re- as the man-made humanitarian crisis con- turn to Phoenix, Arizona to continue her work tinues. The United States and our closest ally, HON. ERIC J.J. MASSA as an Assistant Federal Public Defender rep- Israel, have a responsibility to uphold inter- resenting indigent clients in federal criminal national humanitarian and international human OF NEW YORK cases, where she worked for eight years be- rights law, both of which are violated by this IN THE HOUSE OF REPRESENTATIVES fore coming to the Committee. Prior to that, blockade. Wednesday, December 16, 2009 she clerked for the U.S. District Court for Ari- A resolution condemning television program- zona and then joined the law firm of Brown & ming by designated Foreign Terrorist Organi- Mr. MASSA. Madam Speaker, I rise today zations does not make our condemnation of to laud the lifelong achievements, patriotism Bain. Karen graduated magna cum laude from terrorist acts more clear. Furthermore, this res- and honorable milita service to our country by Arizona State University Law School, received olution does nothing to bring the United States U.S. Marine Corps veteran John D. Day of a Masters in Business Administration from and our friends in the Middle East closer to Hornell, New York. It is a distinct honor to NOVA University and her Bachelor of Science peace and stability. Anti-American sentiment submit his name before the United States degree from the University of Michigan. in the Middle East can only be solved through House of Representatives for his numerous Karen’s accomplishments during her tenure diplomatic means and through the consistent contributions to the 29th Congressional District with the Committee include a number of bills application of peaceful solutions that ensure and a grateful Nation. that are very important to improving our coun- the security and basic human rights of all peo- A graduate of Hornell High School, John try’s criminal justice system. During the 111th ple. went on to study Criminal Justice at Finger Congress, she was responsible for guiding Lakes Community College and Corning Com- f several legislative measures to approval on munity College where he balanced his aca- the floor of the House of Representatives, in- HONORING THE LIFE OF JAMES demic studies with his participation on the col- cluding: H.R. 448, the Elder Abuse Victims Act ROBERT PAXTON legiate baseball teams. After completing his of 2009; H.R. 632, the National Silver Alert Act studies, John heeded the call of duty and en- 2009; H.R. 748, CAMPUS Safety Act of 2009; HON. RALPH M. HALL listed with the U.S. Marine Corps where he H.R. 908, the Missing Alzheimer’s Disease OF TEXAS served until his honorable discharge in 2000, Patient Alert Program Reauthorization Act of after 4 years of service. IN THE HOUSE OF REPRESENTATIVES 2009; H.R. 1333, which amends chapter 40 of John then embarked on a career path of title 18 of the United States Code to exempt Wednesday, December 16, 2009 public service as a member of various, local the transportation, shipment, receipt, or impor- Mr. HALL of Texas. Madam Speaker, I rise police departments where he achieved the tation of explosive materials for delivery to a today to honor the life of James Robert rank of Sergeant while simultaneously working federally recognized Indian tribes; H.R. 1727, Paxton, a veteran, civic servant, and personal towards the completion of his associates de- the Managing Arson Through Criminal History, friend who passed away August 2, 2009 at the gree. MATCH, Act; H.R. 1933, a Child is Missing age of 86. As a training officer, John was credited with Alert and Recovery Center Act; S. 1289, the ‘‘Jim Bob,’’ as he was known to his friends designing and implementing numerous pro- Foreign Evidence Request Efficiency Act of and family, was born September 15, 1923. grams to better train officers and to improve 2009, and H.R. 2661, the Court Security En- The youngest child of Eugene Stratton Paxton job performance. Tragically, while en route to hancement Act of 2009. and Ella Clark Paxton, ‘‘Jim Bob’’ grew up in work at the Bath VA Police Department on In addition, she is shepherding several very Elkhart, Texas before attending Baylor Univer- October 27, 2008, John was killed when his important bills pending before the Judiciary sity. Deciding to put his education on hold, vehicle was hit by a drunk driver. Committee, such as: H.R. 503, the Prevention ‘‘Jim Bob’’ enlisted in the United States Navy Since the accident, John was posthumously of Equine Cruelty Act of 2009; H.R. 3327, the as an officer where he taught airplane recogni- promoted to Lieutenant and was honored in Ramos-Compean Justice Act of 2009; H.R. tion in World War II. His service in the U.S. April as the United States Department of Vet- 2289, the Juvenile Justice Accountability and Navy took him many places, including his ar- eran Affairs Police Officer of the Year at the Improvement Act of 2009; H.R. 2095, the Res- rival on the Japanese island of Nagasaki to Annual Law Enforcement Banquet. John was titution for the Exonerated Act; H.R. 1149, the help liberate American and Allied prisoners the also cited by the VA National Central Office Child Protection Reauthorization Act of 2009 day after the atom bomb was dropped. for his perfect record maintaining and com- and H.R. 1422, the Adam Walsh Child Protec- After World War II, ‘‘Jim Bob’’ returned to pleting all training records. In addition, the last tion and Safety Reauthorization Act of 2009. Baylor University to complete his under- two classes at the Federal Police Officer Karen is also developing the Literacy Edu- graduate degree before attending law school Academy at Little Rock, Arkansas, dedicated cation and Rehabilitation Act, LERA, and the at Southern Methodist University in Dallas, their graduation and hard work to the way Texas. Mr. Paxton then served two terms in Department of Justice Reauthorization Act, John performed his duties at work and the legislation that would require a criminal de- the Texas Legislature, where he met and fell professionalism he demonstrated. in love with his wife, Doris, whom he married fense representative to be appointed to the On behalf of the United States House of in 1954. The couple moved to Palestine where United States Sentencing Commission, as well Representatives, it is my honor to recognize they lived and raised their family, and where as bills that would correct the firearm recidivist Officer John D. Day’s contributions to his Mr. Paxton practiced law for more than fifty sentencing guidelines and the computation of country and community. years. Among his many outstanding achieve- good time credit in federal prison system. ments, ‘‘Jim Bob’’ was appointed by Governor f We would like to thank the Administrative Office of Courts and the Federal Public De- Dolph Brisco to serve on the Texas Parks and GRATITUDE FOR THE SERVICE OF fender’s Office of Phoenix for their generosity Wildlife Commission. KAREN WILKINSON As evident through his military and civic in allowing such a dedicated, responsible, and service, Mr. Paxton was not only a leader in committed person to become such an integral his home as a loving husband and father, but HON. JOHN CONYERS, JR. part of our team. We are deeply grateful to a leader in his community and country. He OF MICHIGAN Karen for her service, professionalism, and was known as a man of faith, who lived his life IN THE HOUSE OF REPRESENTATIVES friendship during the past 2 years. She pos- in devotion to God, and he will be missed by sesses that rare balance of humility, warmth, Wednesday, December 16, 2009 those who knew him. wit, and passion without a trace of ego, and He is survived by his wife of 55 years, Doris Mr. CONYERS. Madam Speaker, the Judici- she will be sorely missed. We wish her the Lee Hall Paxton, their five daughters, and nu- ary Committee’s Crime, Terrorism, and Home- best of luck and give her our thanks.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.006 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3024 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 PAYING TRIBUTE TO THE LIFE OF friends, Billy passed away on December 12, the line was President Dwight D. Eisenhower, JACK GAINES THAXTON 2009, at the age of 88. personally calling the high schooler to tell him Billy lived his entire life in Valdosta in that Bob’s version of the American Flag was HON. RALPH M. HALL Lowndes County, Georgia. He graduated from picked by the President to replace the 48-star OF TEXAS Valdosta High School in 1938 where he was flag as the official design for our recently-ex- a proud member of the Valdosta Wildcat foot- IN THE HOUSE OF REPRESENTATIVES panded Nation. Bob’s flag was chosen from ball team. He went on to attend the University more than 190,000 entries submitted. Wednesday, December 16, 2009 of Georgia, where he played football for the Bob was there with the President on July 4, Mr. HALL of Texas. Madam Speaker, I rise Bulldogs before enlisting in the United States 1960, when the flag was flown for the first today to pay tribute to the life of Jack Gaines Marine Corps in 1942. He served in the Ma- time. What began as a history project later be- Thaxton who passed away August 7, 2009 at rines for 10 years and was awarded a Bronze came the longest-serving flag in American His- the age of 90. A lifelong Texan, Mr. Thaxton Star before retiring at the rank of Lieutenant tory, an American icon, and the true face of was born April 23, 1919 in Kaufman, Texas to Colonel. freedom. Bob’s work is an inspiration to our Estelle Gaines Thaxton and John W. Thaxton. His public career began in 1960, when he students that each morning recite the pledge He spent his childhood and adolescent years was elected as chairman to the Lowndes of allegiance to the flag of the United States in Rockwall, Texas, graduating from high County Board of Commissioners, where he of America. school in 1937. Even in his early years, he served for 16 years. He then served as Chair- And yes, it was his flag that just a few years demonstrated character qualities which would man of the Georgia Department of Transpor- later was launched and planted on the Moon, be associated with his name throughout his tation board for 2 years before becoming the a perpetual reminder that our citizens’ innova- life. He dedicated himself to many activities in Second Congressional District representative tive talents know no bounds. school including football, which he excelled in, on the DOT board, a post he held for more Bob’s service to our Nation did not end baseball, and tennis, also taking pride in his than 25 years. He was instrumental in numer- there though. He was a longtime Professor at perfect attendance record. ous local transportation projects, from highway Northwest State Community College in Upon graduating, Mr. Thaxton worked for improvements to the six-laning of Interstate Archbold, Ohio. After his retirement, Bob three years as assistant manager for the 75. served as mayor of Napoleon, Ohio for 14 Boyer Drug Company in Rockwall before vol- Billy fittingly received many accolades for years, becoming the longest serving mayor in unteering for service in the Texas National his public service, including being named as the town’s history. During this time, Bob also Guard, later serving with the 112th Calvary. one of Georgia Trend magazine’s ‘‘100 Most became a popular motivational speaker, going During World War II, he campaigned in the Influential Georgians’’ as well as South Geor- to schools and veterans’ groups all over the Pacific Theater and in the liberation of the gia Business magazine’s list of the ‘‘Most In- country to tell his unique stories. The many Southern Philippines and Luzon. After con- fluential South Georgians.’’ A highway in my that met him said that Bob emanated a true tracting malaria and hepatitis, Mr. Thaxton district is named the ‘‘Billy Langdale Highway’’ warmth and love for his country. spent several months recovering in an Army in his honor. Upon his retirement in 2008, both I wish to extend my sincere thanks to Bob hospital before being released in 1945. Mr. the Georgia State Senate and the Georgia Heft, a true patriot throughout his life. I also Thaxton received several decorations, includ- House of Representatives passed resolutions wish to extend my deepest condolences to his ing five bronze stars for meritorious service– thanking Billy for his many years of service to family and friends. Though most citizens may valor. the state. have never met him, all have been touched by After he returned to Texas, Mr. Thaxton en- Madam Speaker, the State of Georgia, es- the symbol of American freedom that he cre- rolled at the University of Texas in Austin, pecially the Second Congressional District, ated, and has become part of the integral fab- Texas, where he earned a Bachelor Degree in and our Nation have been truly blessed to ric of this country. Business Administration in 1949. Shortly after have benefited from the tremendous leader- f graduating, he married Marguerite Ruth Davis ship of Billy Langdale. He will be remembered and the couple moved to Corpus Christi where for the compassion he spread continuously CONFERENCE REPORT ON H.R. 3288, he worked for H.E.B Grocery Company for throughout his life, his great humor, his never CONSOLIDATED APPROPRIA- thirty years. Marguerite passed away after ending modesty, his intense desire to help TIONS ACT, 2010 others, and his unwavering love for his family. twenty-two years of marriage, and Mr. Thaxton SPEECH OF later remarried to Marjorie N. Thaxton. f Mr. Thaxton decided to combine his passion A TRIBUTE TO BOB HEFT HON. SOLOMON P. ORTIZ for sports and education when he established OF TEXAS a golf scholarship at his alma mater, Rockwall IN THE HOUSE OF REPRESENTATIVES High School, the proceeds of which help stu- HON. DAVE CAMP OF MICHIGAN Thursday, December 10, 2009 dents further their academic goals. IN THE HOUSE OF REPRESENTATIVES He was a faithful member of the First United Mr. ORTIZ. Mr. Speaker, I rise in support of Methodist Church, a Mason, and later a mem- Wednesday, December 16, 2009 H.R. 3288, the Consolidated Appropriations ber of the Al Amin Shrine Temple. He is sur- Mr. CAMP. Madam Speaker, I rise today to Act, 2010. This bill provides the necessary vived by his son, James Eric Thaxton and his pay tribute to and remember the life of an out- funding to sustain our agencies covered by six wife Carol Arnold Thaxton, along with three standing individual, Mr. Robert G. Heft of regular appropriations bills and incorporates grandchildren. Saginaw, MI, who I am sad to report passed many key projects that directly benefit our Madam Speaker, I ask those present today away this week. communities nationwide. to join me in honoring the life of this American Mr. Heft, who liked to be called simply I am very supportive of providing resources veteran and dedicated American citizen, Mr. ‘‘Bob,’’ was a man whose innovation and patri- to ensure that quality programs and projects Jack Gaines Thaxton. otism created a legacy that reaches even into continue to receive assistance to improve in- f outer space. frastructure, expand education programs, re- Bob was the man behind a true representa- tain jobs, and provide adequate equipment IN MEMORY OF WILLIAM POPE tion of patriotism, the symbol of our Nation and service to our military personnel and vet- ‘‘BILLY’’ LANGDALE, SR. that flies proudly today above this very build- erans. I would like to thank my colleagues for ing, across the country, around the world, and their leadership on this bill and their support of HON. SANFORD D. BISHOP, JR. yes, is even on the moon. projects in South Texas. OF GEORGIA Using his mother’s sewing machine and a I am happy to note that within this agree- IN THE HOUSE OF REPRESENTATIVES hot iron, Bob created the first fifty-star flag as ment I was able to secure funding for several an assignment for school. His teacher origi- projects benefiting my district. Through these Wednesday, December 16, 2009 nally gave him a B minus, so they made a appropriations, new jobs and innovative devel- Mr. BISHOP of Georgia. Madam Speaker, I deal: if Bob’s design was accepted by Con- opments will continue to advance our commu- rise today to honor the memory of William gress, he would change the grade to an A. nity as well as contribute to the future of our Pope ‘‘Billy’’ Langdale, Sr., a man I was proud So Bob sent his prototype to his Governor country. Some of these projects include: to call my friend and constituent. An accom- and Congressman. $500,000 for facilities and equipment at the plished public servant who was devoted to his Then, one morning in 1958, Bob received a University of Texas at Brownsville and Texas community, state, country, his family, and very special phone call. On the other end of Southmost College, $250,000 for the Texas

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.010 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3025 A&M Corpus Christi Adjudicated Youth Pro- Description of Request: The Tennessee INTRODUCTION OF THE gram, $150,000 for Global Marketing and Lo- Army National Guard requested funding to RESOLUTION OF INQUIRY gistics Certification Program at the University purchase and maintain Combined Arms Virtual of Texas at Brownsville, $300,000 for street Trainers to better prepare service members for HON. FRANK R. WOLF improvements at the Robstown Inland Port, deployments to Iraq and Afghanistan. This OF VIRGINIA $500,000 for the Corpus Christi and Robstown equipment replicates virtual battlefields and al- IN THE HOUSE OF REPRESENTATIVES Regional Intermodal Transit Facility, $700,000 lows Army National Guard soldiers to train as Wednesday, December 16, 2009 for Shrimp Industry Fishing Effort Research they will fight. Allowing Combined Arms Train- Continuation in the Gulf of Mexico and Mr. WOLF. Madam Speaker, I rise today to ing within a virtual environment will save lives introduce a Resolution of Inquiry directing the throughout the country, $19,764,000 for Cor- on the real battlefield. The Tennessee Army pus Christi Naval Air Station Operational Fa- Attorney General to transmit to the House all National Guard receives $5,000,000 for this information relating to the decision to dismiss cilities to support T–6 planes, $4,470,000 for equipment. the Solar Panel Array at Kingsville Naval Air an important voter intimidation case, United Station, $10,200,000 for the Robstown Tac- Distribution of funding: Equipment, Software, States v. New Black Panther Party. The case tical Equipment Maintenance Facility, and & Maintenance—100% sought to enforce Voting Rights Act statutes $200,000 for the Brownsville and Corpus against members of the New Black Panther Christi Independent School Districts’ joint f Party that threatened Philadelphia voters— South Texas Library Literacy Project. both verbally and physically—last year. This case was inexplicably dismissed earlier I want to make clear that my vote for this bill HONORING THE LIFE OF EDWARD this year—over the ardent objections of the reflects solely my support for the aforemen- ALLEN POPE career attorneys overseeing the case as well tioned priorities. I have consistently voted as the department’s own appeal office. against using federal funds to support abortion I regret that Congress must resort to over- services and am pleased that this bill upholds HON. RALPH M. HALL sight resolutions as a means to receive infor- those limitations so that my constituents’ tax OF TEXAS mation about the dismissal of this case, but dollars are not used in a way inconsistent with the Congress and the American people have their moral beliefs. IN THE HOUSE OF REPRESENTATIVES a right to know why this case was not pros- My vote in favor of H.R. 3288 reflects my Wednesday, December 16, 2009 ecuted. commitment to fund this nation’s economic pri- As ranking Republican member of the orities and help our South Texas communities, Mr. HALL of Texas. Madam Speaker, I rise House Commerce-Justice-Science Appropria- educational facilities, and small businesses in today to honor the life and accomplishments tions Subcommittee that funds the Justice De- the midst of a deep recession. of Edward Allen Pope of Amarillo and life-long partment, I take oversight of the department f resident of Dallas, who died at the age of 85 very seriously. EARMARK DECLARATION on October 29, 2009. I also strongly support voting rights protec- Ed was born October 31, 1923 to Gertrude tions. In 1981, I was the only member—Re- HON. ZACH WAMP Milam and Edward G. Pope. After graduating publican or Democrat—of the Virginia delega- from Crozier Tech High School in 1942, he tion in the House to vote for the Voting Rights OF TENNESSEE Act and was harshly criticized by the editorial IN THE HOUSE OF REPRESENTATIVES joined the U.S. Navy and earned the rank of Lieutenant Commander. He served during page of the Richmond Times-Dispatch, and Wednesday, December 16, 2009 World War II and the Korean Conflict as a when I supported its reauthorization in 2006, I Mr. WAMP. Madam Speaker, as a leader on was criticized again by editorial pages. naval aviator. He received The China Service Time and again over the last year, the de- earmark reform, I am committed to protecting Medal, the National Defense Service Medal partment has stonewalled any effort to learn taxpayers’ money and providing greater trans- and the Naval Reserve Medal. After Naval re- about the decision to dismiss this case. parency and a fully accountable process. H.R. tirement, he became an electrician for Ling, I have written Attorney General Holder on 3326, Department of Defense and Related Oliver and O’Dwyer, working there until his re- six occasions asking for an explanation for the Agencies Appropriations Act, 2010 contains tirement in 1989. dismissal of this case. To date, I have re- the following funding: In December 1947, he married Virginia ceived no response from him. Requesting Member: Rep. ZACH WAMP I wrote the DOJ Inspector General to re- Account: Research, Development, Test And Shelly, and they would have celebrated 62 years together this year as man and wife. He quest a review of this decision. He deferred to Evaluation, Army—Medical Technology the Office of Professional Responsibility— Legal Name Requesting Entity: Department was a great ‘‘in-law’’, loving Virginia’s family as his own. Ed was a family man—a great fa- which reports directly to the Attorney General. of Orthopedic Surgery, University of Ten- I have written the Office of Professional Re- ther of strong faith and conviction. He was a nessee College of Medicine Chattanooga sponsibility seeking information on its inves- faithful member of Christ Church in Dallas, Address: 975 East Third Street Chat- tigation. The Office has refused to share any serving on their Vestry as Junior Warden for tanooga, TN 37403 information. Description of Request: The University of 35 years. He loved unconditionally and he In fact, the only response I have received— Tennessee College of Medicine Chattanooga loved a good time. His rule in life was ‘‘the from a legislative affairs staffer—was woefully requested funding for its work with artificial more the merrier’’ and he was the leader and incomplete and—in places—inaccurate. bone implants and grafts for American sol- planner for hunting, skiing and boating excur- Two months ago, I met with House Judiciary diers, airmen, sailors and marines who have sions and many family outings. He was an in- Chairman CONYERS to ask for his assistance lost limbs in combat. This research will greatly quisitive, generous, tender-hearted, gentle in obtaining this information, but he has yet to enhance the lives of injured service members man loved by all who knew him. take any action. This is a shameful failure to giving them more independence and allow Ed is survived by his wife, Virginia; a broth- provide necessary congressional oversight. them to live more productive and fulfilling er, Norman Pope of Austin; a daughter, It is not only Congress that is being lives. The University of Tennessee College of stonewalled by the Attorney General. The U.S. Janace Pope Ponder of Amarillo and her hus- Medicine Chattanooga receives $1,000,000 for Commission on Civil Rights has repeatedly band, David; his daughter in-law Debby Pope; this project. sought this same information, in fulfillment of his grandchildren, Paige Garmon, Abby Mitch- Distribution of funding: its statutory responsibility to ensure the en- ell, Carmen Juckett and Courtney Pope; and Yearly Staffing—37% forcement of civil rights law. Consultative Services—9% great grandchildren, Michael Clouse, Peyton After being similarly rebuffed, the commis- Scientific Material—54% Garmon, Madison Garmon, Shelby Garmon, sion filed subpoenas with the department for Requesting Member: Rep. ZACH WAMP Kaylee Mitchell and Jacob Juckett; as well as this information as well as to interview the ca- Account: Other Procurement, Army—Train- nieces, nephews and many close friends and reer attorneys that handled the case. ing Devices, Nonsystem other family members. He was preceded in However, we understand that the Attorney Legal Name Requesting Entity: Tennessee death by his parents and his son, Joseph General has instructed his department to ig- Army National Guard Pope. Madam Speaker, I ask those present nore these subpoenas. The nation’s chief law Address: Houston Barracks, 3041 Sidco today to join me in honoring the life of this enforcement officer is forcing these career at- Drive Nashville, TN 37204 great American, Edward Allen Pope. torneys to choose between complying with the

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.011 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3026 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 law and complying with the Attorney General’s continuing to treat other wounded soldiers and University Heights Baptist Church in Hunts- obstruction. assisting in their removal from the area. The ville. At least one of the attorneys has been com- United States Army Headquarters 25th Infan- Poncho is well known for the penchant he pelled to obtain private counsel. try Division stated, ‘‘When the unit began dis- has for the fine arts, especially theatre, and he I urge the House Judiciary Committee to replacement because of increased hostile ac- has been a part of many plays performed by port this resolution out favorably and to de- tion, he drove a 21⁄2 ton truck loaded with crit- the Huntsville Community Theatre. mand that the Attorney General answer the ical supplies to safety. Corporal Brooks’ gal- Of all his accomplishments, Poncho is most questions surrounding this case. lant and selfless devotion to duty reflects the proud of being a loving husband and father. The career attorneys and Appellate Division greatest credit upon himself and the Army Poncho and Sugar have been married for 58 within the department sought to demonstrate Medical Service.’’ When asked about his re- years. They have raised two children, a son, the Federal Government’s commitment to pro- ceived honors, Mr. Brooks always expressed Frank Jr., and a daughter, Debbie. They have tecting voting rights by vigorously prosecuting his feeling that he was undeserving but appre- eight grandchildren and two great-grand- any individual or group that seeks to under- ciative, believing that others had sacrificed children with another on the way. mine this right. more than him. Madam Speaker, Poncho Roberts has dedi- This House must not turn a blind eye to the For his military service, Mr. Brooks was cated his life to being a family man and to Attorney General’s obstruction. He has an ob- awarded the Purple Heart, Silver Star, Ger- serving his community. He is proof that edu- ligation to answer the legitimate questions of many Occupation Medal, United Nations cation is a lifelong endeavor. It is such an the House and the Civil Rights Commission. Medal, Good Conduct Medal, National De- honor to represent good people like Poncho in It is imperative that we protect the right of fense Medal, and the Korean Service Medal. the U.S. House of Representatives. I urge you all Americans to vote—the sacrosanct and in- At home, Mr. Brooks was the devoted hus- to join me in congratulating him on his gradua- alienable right of any democracy. band to his wife of 58 years, Joyce, and the tion. That’s Togetherness, One More Time. I submit for the record a copy of the resolu- father of four daughters, Brenda, who passed f tion that I am introducing. away in 2005 due to illness, Debra, Charlotte, RECOGNIZING A. PHILIP RAN- RESOLUTION and Angela. Held in high esteem by all who DOLPH FOR HIS LIFELONG Directing the Attorney General to transmit knew him, he left behind a legacy of honor, to the House of Representatives all infor- service, and love. Madam Speaker, I ask LEADERSHIP AND WORK TO END mation in the Attorney General’s posses- those here today to join me in paying tribute DISCRIMINATION sion relating to the decision to dismiss to this great American hero, Mr. Eddie M. SPEECH OF United States v. New Black Panther Party. Brooks. Resolved, That the Attorney General is di- f HON. AL GREEN rected to transmit to the House of Rep- OF TEXAS HONORING FRANK ‘‘PONCHO’’ resentatives, not later than 14 days after the IN THE HOUSE OF REPRESENTATIVES date of adoption of this resolution, copies of ROBERTS any document, memo, or correspondence of Tuesday, December 15, 2009 the Department of Justice with regard to HON. KEVIN BRADY Mr. AL GREEN of Texas. Mr. Speaker, United States v. New Black Panther Party, or today I express my support for H. Res. 150, any portion of any such document, memo, or OF TEXAS correspondence that refers or relates to— IN THE HOUSE OF REPRESENTATIVES introduced by my colleague Chairman CHARLES RANGEL, which recognizes the ac- (1) any department communications with Wednesday, December 16, 2009 regard to the case between November 5, 2008 complishments of the great civil rights leader, and November 15, 2009; Mr. BRADY of Texas. Madam Speaker, I A. Philip Randolph. (2) any communication with the defendants rise today to honor Frank ‘‘Poncho’’ Roberts, Mr. Randolph not only made great strides in or the defendants’ attorneys between Novem- a dedicated husband, father, and community shaping the civil rights movement during the ber 5, 2008 and November 15, 2009; servant on the occasion of his graduation from turn of the 20th century, but he also impacted (3) any communication with third-party Sam Houston State University in Huntsville, the growth of the labor movement and the rise organizations or individuals between Novem- ber 5, 2008 and November 15, 2009; or Texas. Mr. Roberts graduates with a bachelor of union labor. (4) any evidence with regard to the dis- of fine arts degree in theatre. A. Philip Randolph had a significant effect missal of the case. Poncho Roberts was born to Frank and on political discourse in the African-American f Daisy Roberts on February 19, 1932, in Mad- community during the 1930s with the founding isonville, Texas. He spent part of his childhood of The Messenger, a political and literary mag- HONORING THE LIFE OF EDDIE M. in Huntsville, but later moved to Houston and azine which documented several of the great- BROOKS graduated from Austin High School in 1949. est injustices of our history. Through this mag- After graduation, he worked for the South- azine, Randolph advocated civil disobedience HON. RALPH M. HALL western Bell Telephone Company. He spent and membership in labor unions. OF TEXAS most of his career working for the company at Mr. Randolph championed the cause of Afri- IN THE HOUSE OF REPRESENTATIVES NASA as a craftsman and supervisor. Poncho can-American men in labor, from sleeping car fondly recounts his days working as a con- porters to elevator operators. He organized Wednesday, December 16, 2009 tractor for the space agency having seen and founded the Brotherhood for Sleeping Car Mr. HALL of Texas. Madam Speaker, I rise some of its earliest missions from Gemini to Porters, which fought for overtime pay and today in honor of the life of Mr. Eddie Brooks, Apollo. pay increases for sleeping car porters, a ma- a loving husband and father, veteran of the Upon retirement in 1986, Poncho and his jority of which were African-American, at a Korean War, and an American hero, who wife, Sugar, moved back to Huntsville to be time when sharecropping in the South was still passed away August 18, 2009 at the age of close to their children. With a heart for serving widespread. 90. others and a joyful, outgoing personality, Pon- We also honor Mr. Randolph for his leader- Hailing from Hope, Arkansas, Mr. Brooks cho was called on to help with various com- ship in organizing the March on Washington, committed twenty years of his life in service to munity service projects. He was the driving which will be remembered as one of the most the United States Army, serving with the Army force behind the effort to build the Huntsville important political rallies of the twentieth cen- Medical Service, Medical Detachment, and Aquatic Center, which has given the youth of tury. 555th Field Artillery Battalion in the Korean Huntsville a place to swim and has allowed for A. Philip Randolph personified the idea of a War. Mr. Brooks was sent into combat in the development of the Huntsville Lakers renaissance man, as a writer, actor, political Korea with no training, but rose to the occa- Swim Team. activist and union organizer. He achieved the sion, demonstrating bravery in how he han- Poncho has volunteered many hours of his unachievable during a time when education dled himself and defended his comrades. time to work with the Huntsville-Walker County was unattainable for most African-Americans, Early on in his deployment, his unit was Chamber of Commerce working at the Sam even most Americans. trapped in a river bed where they were ex- Houston Statue and Visitors Center. He is a Mr. Randolph has received numerous posed to extensive shooting and grenades. member of the Huntsville Rotary Club and awards, namely, the Congressional Medal of Mr. Brooks was injured when one grenade got leads the ‘‘I Like Me!’’ program that distributes Honor, one of the highest honors for civilians under his feet, seriously wounding one leg. books to children to promote literary and char- in the United States of America. His contribu- Corporal Eddie M. Brooks refused evacuation, acter building. Poncho is also a deacon at tions to our great Nation are undeniable, and

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.014 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3027 the path that he forged will be traversed by Project Description: The Act includes and check out of propulsion and control sys- generations to come. $3,200,000 to rapidly advance the Technology tem modifications that will enable flight beyond f Readiness Level of existing and promising the current operating limits of the baseline new ultra-lightweight composite structures and conventional helicopter. Many current US EARMARK DECLARATION armor for combat and light, medium and combat and humanitarian operations require heavy tactical vehicle applications. Using rotorcraft capabilities well beyond those of ex- HON. MICHAEL N. CASTLE heavy materials such as steel and aluminum isting fleet helicopters. OF DELAWARE will continue to result in vehicles that are too Name of Intended Recipient: ANP Tech- IN THE HOUSE OF REPRESENTATIVES heavy to transport and will overload vehicles— nologies, Inc. Wednesday, December 16, 2009 which reduces life, increases maintenance Location: 824 Interchange Blvd., Newark, costs and requires more frequent vehicle re- DE 19711 Mr. CASTLE. Madam Speaker, pursuant to placement. The project is addressing the crit- Requesting Member: Congressman MICHAEL the Republican Leadership standards on ear- ical needs of the U.S. Army to protect our sol- N. CASTLE marks, I am submitting the following informa- diers and provide them with the best equip- Account: RDTE, DW tion regarding funding benefitting the State of ment to carry out their missions. Lightweight Name of Project: NIDS Handheld Common Delaware included in H.R. 3326, the Fiscal composite vehicle structures and armor in- Identifier for Biological Agents Year 2010 Defense Appropriations Act. Project Description: The Act includes Name of Intended Recipient: Delaware Na- crease mobility and mission payloads while increasing soldier protection against direct fire, $2,400,000 for research, development, testing, tional Guard and evaluation to develop a handheld device Location: First Regiment Rd, Wilmington, improvised explosive devices and explosively for detection of a variety of biological warfare DE 19808 formed penetrators. agent related bacteria and viruses. According Requesting Member: Congressman MICHAEL Name of Intended Recipient: INVISTA ` to the Report of the Commission on the Pre- N. CASTLE S.a r.l. Account: DRUGS Location: 2801 Centerville Road, Wil- vention of Weapons of Mass Destruction Pro- Name of Project: Delaware National Guard mington, DE 19808 liferation and Terrorism (released in December Counterdrug Task Force Requesting Member: Congressman MICHAEL 2008), a biological attack is more likely to be Project Description: The Act includes N. CASTLE used by terrorists than any other weapons of $300,000 to provide counterdrug support to Account: RDTE, A mass destruction in the near future. The pro- federal, state, and local law enforcement Name of Project: Improved Thermal Resist- posed handheld common identifier for biologi- agencies and to Community Based Organiza- ant Nylon for Enhanced Durability and Ther- cal agents will allow war fighters to perform tions requesting Drug Demand Reduction As- mal Protection in Combat Uniforms rapid, on-site biological agent tests during sistance. Funding will provide unique military Project Description: The Act includes threat situations. support and resources to our police agencies $3,200,000 to increase the safety and protec- Name of Intended Recipient: University of which enable the police to concentrate more tion of U.S. soldiers with improved flame re- Delaware police resources to other priorities in their de- sistant, durable, and lower cost materials for Location: Hullihen Hall, University of Dela- partment. Increased funding from federal ap- the U.S. Army combat uniforms. These im- ware, Newark, DE 19716 propriations will permit the Delaware National provements will meet an urgent need due to Requesting Member: Congressman MICHAEL Guard to provide support to open requests the threat of Improvised Explosive Devices N. CASTLE from the FBI, Delaware State Police, and local (IED). This project will fund and accelerate re- Account: RDTE, N authorities. It will also enable the Delaware search, development, testing, and evaluation Name of Project: Advanced Composite Mar- Guard to expand its Drug Education Program. for nylon fiber development, fiber formulation, itime Manufacturing Name of Intended Recipient: WL Gore & fabric scale up and performance blend speci- Project Description: The Act includes Associates fication for U.S. Army combat uniforms. $1,600,000 to research and develop design, Location: 555 Paper Mill Rd., Newark, DE Name of Intended Recipient: ILC Dover LP engineering and manufacturing technologies 19711 Location: One Moonwalker Road, Frederica, for U.S. Navy ship structures based on ad- Requesting Member: Congressman MICHAEL DE 19946–2080 vanced lightweight composite materials. The N. CASTLE Requesting Member: Congressman MICHAEL objective of this project is to keep Navy, Account: OM, DW N. CASTLE SOCOM (Special Operations Command), and Name of Project: Special Operations Forces Account: RDTE, DW Coast Guard craft at the forefront of tech- Modular Glove System Name of Project: Joint Services Aircrew nology, and help insure superiority of the US Project Description: The Act includes Mask Don/Doff Inflight Upgrade military in the water over current and future $4,780,000 to accelerate the fielding of the Project Description: The Act includes adversaries. The application of these materials Modular Glove System for U.S. Special Oper- $2,400,000 for research, development, testing, and technologies will provide ship structures ations Forces (SOF). This is a five piece sys- and evaluation of a Joint Services Aircrew that are optimally engineered, and manufac- tem that provides the war fighter the nec- Mask, which will provide above the neck tured using state-of-the-art methods to provide essary protection across a wide range of cli- Chemical, Biological, and Anti-G protection to the highest performance at the lowest cost. mactic conditions. Developed to be compatible DoD aircrew personnel. The mask is a hood Name of Intended Recipient: University of with the SOF’s Protective Combat Uniform de- that goes over the wearer’s head and seals at Delaware signed for frigid conditions, this SOF Modular the neck. This project will enhance our mili- Location: Hullihen Hall, University of Dela- Glove System provides cold weather protec- tary’s mission capability while minimizing per- ware, Newark, DE 19716 tion to ¥50 degrees as well as waterproof formance degradation in chemical and biologi- Requesting Member: Congressman MICHAEL protection in wet conditions. The Special Op- cal contaminated scenarios. N. CASTLE erations Command has an established re- Name of Intended Recipient: Piasecki Air- Account: RDTE, N quirement for a Modular Glove System to bet- craft Corporation Name of Project: Millimeter Wave Imaging ter meet the real-world mission needs of its Location: 2nd Street West, Essington, PA Project Description: The Act includes SOF in a broad range of deployed environ- 19029 $1,360,000 for research, development, testing, ments. This funding would accelerate the field- Requesting Member: Congressman MICHAEL and evaluation to develop real-time millimeter- ing by about one year to ensure all U.S. SOF N. CASTLE wave imaging to allow U.S. soldiers to see in forces in theater have access to this high Account: RDTE, N harsh conditions, including dust, fog, sand, technology, readiness enhancing system. Name of Project: X–49A Envelope Expan- and clouds. Millimeter wave imaging systems Name of Intended Recipient: University of sion Modifications are able to image through smoke, fog, marine Delaware Project Description: The Act includes layer, blowing dust and sand, and fabric. The Location: Hullihen Hall, Newark, DE 19716 $3,600,000 to conduct flight demonstrations at technology development is supported by the Requesting Member: Congressman MICHAEL New Castle County Airport in Delaware on the Office of Naval Research with the intent to de- N. CASTLE Vectored Thrust Ducted Propeller (VTDP) ploy systems on military helicopters landing in Account: RDTE, A Compound Helicopter technology’s potential to harsh environments such as the ‘‘brownout’’ Name of Project: Composite Applied Re- increase rotorcraft speed, range, and surviv- conditions faced when landing in the deserts search and Technology for FCS and Tactical ability. These funds will cover the cost of de- of places such as Afghanistan and Iraq. It will Vehicle Survivability sign, fabrication, assembly, instrumentation also improve situational awareness of Naval

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.017 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3028 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 vessels, particularly when close to the shore years of dedicated service to the Committee Whitney Young Award; God and Service or at ports. on the Judiciary. As a detailee from the United Award; Citizen of the Year for Terrell, Texas; Name of Intended Recipient: University of States Patent and Trademark Office (USPTO), Silver Beaver; and the George Meany Award. Delaware George spent a year with the Committee in Mr. Lindsey is a man who lives by example Location: Hullihen Hall, University of Dela- 2007 and was gracious enough to come back through his service to God, country, and ware, Newark, DE 19716 for another year when I requested him again through his role as a Scout, which has gar- Requesting Member: Congressman MICHAEL in 2009. George will be returning to the nered him respect by all those who come in N. CASTLE USPTO at the end of 2009, where he will re- contact with him. Madam Speaker, I ask those Account: RDTE, A sume his duties as a Director. present today to join me in recognizing a true Name of Project: Cybersecurity in Tactical George came to work for the Committee to servant to our country, Mr. Don Lindsey. Environments support Congress’ efforts to pass patent re- f Project Description: The Act includes form legislation. George’s knowledge and ex- $800,000 for research, development, testing perience in patent law proved invaluable to RECOGNIZING KYLE FOSS AND and evaluation to detect vulnerabilities and in- this endeavor. In the 110th Congress, MICHAEL HAWKEN trusions in the U.S. Army’s battlefield net- George’s tireless work in advising and crafting works. policy options contributed greatly to passage HON. HOWARD P. ‘‘BUCK’’ McKEON The U.S. Army uses mobile computer net- of the House of Representative’s patent re- OF CALIFORNIA works to both communicate between soldiers, form legislation, H.R. 1908. His dedication to IN THE HOUSE OF REPRESENTATIVES and between soldiers and their weapons sys- this task continued in the 111th Congress, Wednesday, December 16, 2009 tems. This concept is called network centric where he has played an equally important role Mr. MCKEON. Madam Speaker, I rise today warfare, and the security and availability of in advancing patent reform legislation. to recognize two incredible young men, Kyle this network is critical to combat operations. In addition to patent reform, George has Foss and Michael Hawken. Both Kyle and Mi- The project will focus on detection of data worked on a variety of other intellectual prop- chael have achieved three prestigious honors: exfiltration in tactical networks, intrusion detec- erty policy and legislative matters, including the Eagle Scout Award, the Venturing Silver tion in mobile ad-hoc networks, detection of patent settlements, technology transfer, gene Medal, and the Venturing Ranger Award. Na- malicious hardware and software components, patents, and USPTO appropriations. George’s tionally, less than one in ten thousand Boy and detecting security threats in commercial expertise, work ethic, and friendly nature have Scouts earn all three of these honors, and off the shelf (COTS) wireless networking earned him the respect and admiration of his they are the first young men in the history of equipment. colleagues. He has become a fixture of the California’s 25th Congressional District to earn Name of Intended Recipient: Fraunhofer Committee’s staff and a valued member of the these prestigious honors. USA Center for Molecular Biotechnology Committee’s intellectual property team. The hard work and dedication of Kyle and Location: 9 Innovation Way, Suite 200, We were privileged to have this opportunity Michael will pay dividends throughout their Newark, DE 19711 to work with George and we wish him all the lives. The Boy Scouts teach boys and young Requesting Member: Congressman MICHAEL best in his future endeavors. men the value of hard work, commitment, N. CASTLE f community service, and morality. Kyle and Mi- Account: RDTE, DW chael have been shaped by this outstanding Name of Project: Army Plant Vaccine Devel- HONORING THE CAREER OF DON LINDSEY organization and will continue to build on the opment Program strength of the program. Project Description: The Act includes Kyle and Michael have proven to be young $1,600,000 for research, development, testing, HON. RALPH M. HALL men of great character. They have learned and evaluation to deliver a combined multi- OF TEXAS what it means to be responsible citizens and valent one-shot vaccine to protect the U.S. IN THE HOUSE OF REPRESENTATIVES have committed themselves to improving the Armed Forces and civilian communities Wednesday, December 16, 2009 communities in which they live. In a fast-paced against plague and anthrax. This quick re- Mr. HALL of Texas. Madam Speaker, the and rapidly changing world, Kyle and Michael sponse ability can assist communities around have anchored themselves in the most con- the world with mass therapeutic treatment or Boy Scouts of America, which will celebrate its 100th Anniversary on February 8, 2010, has sistent fundamentals of America. I admire their for mass vaccination in the event of bioter- spirit and enthusiasm to go above and beyond rorist attack or natural disease outbreak such contributed to our communities through their leadership and dedication over the past 100 their duties in all that they do. I thank these as an avian influenza. young men for their service to our community, Name of Intended Recipient: Delaware Na- years, creating a better environment for our families to live, work and play. I rise today to our state, our nation, and congratulate them tional Guard on their remarkable achievements. Location: First Regiment Road, Wilmington, pay tribute to one individual in particular, Mr. DE 19805 Don Lindsey, who began his scouting career f Requesting Member: Congressman MICHAEL in 1957. As an Eagle Scout, Mr. Lindsey took WALTONVILLE COAL N. CASTLE over a newly formed group as a Scoutmaster, GASIFICATION PLANT Account: OP, A a position he held for 31 years, and was di- Name of Project: Phoenix Quad-Band Sat- rectly involved in the making of 144 Eagle HON. JOHN SHIMKUS Scouts from this troop. He has served as a ellite Receiver for the Delaware National OF ILLINOIS Boy Scout Chairman twice, and is directly re- Guard IN THE HOUSE OF REPRESENTATIVES Project Description: The Act includes sponsible for $4.4 million in facility renovations $3,200,000 for a mobile communications ter- and new additions to Clements Scout Ranch Wednesday, December 16, 2009 minal to provide the Delaware National Guard over the last four years, with another $6 mil- Mr. SHIMKUS. Madam Speaker, I rise today with improved high data rate exchanges be- lion slotted for use. to express my opposition to the encroachment tween various satellites and ground commu- Along with his service to the Boy Scouts of of federal authority into matters of the state nications systems in secure and non-secure America over the past 52 years, Mr. Lindsey and the continued appeasement of environ- digital formats. has been involved in service to his community mental special interests over the well-being of f and country in many other forms. He served the American people. as mayor of Terrell, Texas for ten years, Several weeks ago, the Illinois Environ- GRATITUDE FOR THE SERVICE OF County Fire Marshall for eight years, and re- mental Protection Agency permitted the con- GEORGE C. ELLIOTT tired from 35 years of military service as an struction of a new coal gasification plant near Army Command Sergeant Major. In his Waltonville, IL. An appeal was filed to prevent HON. JOHN CONYERS, JR. church, Mr. Lindsey has served as an elder, construction with the U.S. EPA based on their OF MICHIGAN deacon, and board member. He currently ‘‘finding that carbon dioxide and other green- IN THE HOUSE OF REPRESENTATIVES serves as a Council Committee Member and house gases represent a significant threat to Summer Camp Director for Circle Ten Council. public health and welfare.’’ Wednesday, December 16, 2009 His contributions to his community have Burdensome regulations levied on unsub- Mr. CONYERS. Madam Speaker, I rise been recognized through the many awards stantiated science will destroy jobs. Coal gas- today to honor George C. Elliott for his two and decorations he has received, including the ification, the production of coal gas to convert

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.019 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3029 into liquid gasoline, is a real solution to rising nancial laws under the National Bank Act and gage in the business of banking. ‘‘Prevents or energy prices and it creates jobs here in the the Home Owners Loan Act that was included significantly interferes with’’ has been often United States. in the manager’s amendment on page 139 to mentioned as the shorthand citation of the Taking drastic precautionary steps like those 150, I wanted to take this opportunity to ex- preemption standard established by the Su- suggested by the EPA will have profound con- plain to my colleagues my intention in drafting preme Court in 1996 in Barnett Bank v. Nel- sequences on workers in Southern Illinois and the language. son. However, as I and many others have all people throughout the country. Government The compromise language made improve- noted, the Supreme Court ruling was not lim- action to reduce greenhouse gas emissions is ments in several areas to allow national banks ited to those two terms as the only cir- not without a heavy cost. It is irresponsible for and Federal savings associations, which are cumstance in which preemption of State laws a group of unelected bureaucrats at the EPA institutions that operate under a national char- is appropriate. In fact, they expanded on those to make significant policy decisions that will ter to comply with a uniform national standard words by saying that a State law should be restrain and prevent job creation based on where appropriate. I would like to further ex- preempted not only when it ‘‘prevents or sig- unproven science. The EPA’s response to plain four components of the compromise spe- nificantly interferes with,’’ but also ‘‘stands as their endangerment findings will more certainly cifically for the House. Those components in- an obstacle to the accomplishment of the pur- endanger the economic well-being of Ameri- clude (1) limiting the scope of new preemption poses,’’ ‘‘encroach(es) on,’’ ‘‘destroy(s) or cans than fulfill the Obama Administration’s procedures to State consumer financial laws, hamper(s),’’ or ‘‘impair(s).’’ promise of reducing carbon emissions or low- so as not to affect preemption for other State Since the Barnett case describes a number ering global temperature. laws; (2) the ability for categories of State con- of situations in which State law is preempted, f sumer financial law to be preempted; (3) modi- in addition to the ‘‘prevents or significantly fications of the preemption standard to more interferes with’’ standard, I was concerned that HONORING THE ACCOMPLISH- accurately reflect the Supreme Court Case of limiting the underlying text to the shorthand MENTS OF MALIA CALI Barnett Bank v. Nelson, which established the expression of ‘‘prevents or significantly inter- preemption standard currently applied to na- feres with’’ could be construed as narrowing HON. STEVE SCALISE tional banks and Federal savings associations; the Constitutional standard. I therefore added and (4) the degree of deference afforded to the words ‘‘materially impairs,’’ so that there OF LOUISIANA the Office of the Comptroller of the Currency would be no question that the preemption IN THE HOUSE OF REPRESENTATIVES and Office of Thrift Supervision by the courts. standard is the same as the standard de- Wednesday, December 16, 2009 First, under the compromise, the changes to scribed in Barnett, and that State consumer fi- preemption procedures under the National Mr. SCALISE. Madam Speaker, I rise today nancial law may be preempted if it violates Bank Act for national banks and the Home to honor Malia Cali, the 2009 High School any of the well established Constitutional Owners Loan Act for Federal savings associa- Heisman Award winner. Malia is a senior at benchmarks for preemption. I chose the word tions are exclusively limited to State consumer St. Thomas Aquinas High School in Ham- ‘‘materially’’ because if the impairment is not financial laws. During the drafting of the com- mond, Louisiana, and is only the second win- material—meaning it would only have a neg- promise, I removed a sentence, previously ner in the history of the award from the State ligible effect on the bank—it should not be suggested by the Committee that said national of Louisiana. She is a three-year All State se- subject to preemption under current law. banks are to generally comply with State law. When making preemption determinations on lection in track and field, cross-country and I removed this sentence because I wanted to State consumer financial laws, the Comptroller soccer. Off the field, Malia founded ‘‘Cleats for make clear that the changes in the Act do not of the Currency for national banks, Director of Kids,’’ a non-profit organization that collects alter the preemption standards and precedents the Office of Thrift Supervision for Federal used cleats and distributes them to children in that apply to those State laws which are not savings associations, or the Court must find Nicaragua. As if her impressive athletic and State consumer financial laws. Narrowing the that Federal law applicable to national banks community service achievements weren’t scope to just State consumer financial law is and Federal savings associations, including enough, Malia also has the No. 1 academic consistent with the initial scope of Subtitle D of regulations and similar issuances, deals with ranking in her senior class. H.R. 3126, The Consumer Financial Protection the subject or activity that the State consumer The High School Heisman has been award- Act, when it was introduced in July 2009. financial law is seeking to regulate. A good ex- ed to one male and one female student each Second, the compromise language included ample is the detailed disclosure requirements year since 1994. The High School Heisman language that allows for categories of State set by Federal law and Federal regulators, de- recognizes the Nation’s most esteemed high consumer financial law to be preempted. This veloped after substantial consumer testing, school senior men and women for excellence means that if the Comptroller of the Currency that apply to certain types of consumer finan- in academics, athletics and community serv- (the regulator of national banks) or the Direc- cial products. ice. Malia’s success both on and off the field tor of the Office of Thrift Supervision (the reg- Finally, the compromise language is in- is a testament to what can be accomplished ulator of Federal savings associations) deter- tended to clarify that when a court is reviewing with hard work, dedication, and a commitment mines a State consumer financial law in a par- an OCC determination concerning the proper to others. ticular state should be preempted because it interpretation of the National Bank Act or other It’s easy to see why Malia Cali was selected ‘‘prevents, significantly interferes with, or ma- Federal law that the OCC is charged with ad- over nearly 55,000 other entrants in this com- terially impairs’’ the abilities of a national bank ministering, the court is to apply the traditional petition. Malia is truly deserving of this pres- or Federal savings association, then that spe- deference accorded to an agency, often re- tigious award. Her successes and achieve- cific determination can be applied to other ferred to as ‘‘Chevron’’ deference. The same ments shine brightly on the State of Louisiana, States’ consumer financial laws with equiva- clarification applies when a court is reviewing and I am proud to highlight the accomplish- lent terms. For example, if one state seeks to an OTS determination regarding the proper in- ments of Malia Cali here today. require additional disclosure requirements for terpretation of the Home Owners Loan Act or f credit cards that the Comptroller of the Cur- other Federal law that the OTS administers. rency determines ‘‘prevents, significantly inter- STATEMENT ON H.R. 4173, THE Further, while the underlying legislation di- feres with, or materially impairs’’ the ability of WALL STREET REFORM AND rected the courts to apply a different type of CONSUMER PROTECTION ACT OF a national bank to engage in the business of deference to OCC or OTS preemption deter- 2009 banking, that determination can be applied to minations, the compromise amendment makes another state’s credit card disclosure laws if clear that the Chevron deference standard ap- those laws have equivalent terms. plies to all OCC and OTS interpretations of HON. MELISSA L. BEAN Third, a critical portion of the compromise Federal law, the National Bank Act, and the OF ILLINOIS was drafting a preemption standard that em- Home Owners Loan Act, including those made IN THE HOUSE OF REPRESENTATIVES bodied existing precedent. The preemption in the context of a preemption determination. standard that was reported out of the Financial Madam Speaker, I thank you for the oppor- Wednesday, December 16, 2009 Services Committee stated that a State law tunity to further explain the preemption com- Ms. BEAN. Madam Speaker, as the prin- could be preempted if it ‘‘prevents or signifi- promise I drafted in the manager’s amend- cipal author of the compromise provision re- cantly interferes with’’ the ability of a national ment. garding the preemption of State consumer fi- bank (or a Federal savings association) to en- I yield back the balance of my time.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\K16DE8.015 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3030 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 IN CELEBRATION OF THE WORK RECOGNIZING THE 75TH WEDDING Despite his demanding career and heavy OF RONALD EUGENE KIRK ANNIVERSARY OF MARVIN AND caseload, Judge Drayer has always been gen- MARY LOU COHRON erous with his time and talent outside the HON. DAVID SCOTT courtroom. He is a Fellow of the American HON. JEFF MILLER College of Trusts and Estate Counsel and a OF GEORGIA OF FLORIDA member of both the Supreme Court Orphans’ IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Court Procedural Rules Committee and the Wednesday, December 16, 2009 Wednesday, December 16, 2009 Pennsylvania Joint State Government Com- mission Advisory Committee on Descedents’ Mr. SCOTT of Georgia. Madam Speaker I Mr. MILLER of Florida. Madam Speaker, I Estates. Judge Drayer also was an organizer rise today to honor a dedicated member of my rise today to recognize Marvin and Mary Lou of the probate and Tax Section of the Mont- staff, Mr. Ronald Kirk, who has dedicated his Cohron on the occasion of their 75th wedding gomery County Bar Association and an ad- life to government service. Born on November anniversary. Their 75 years of marriage is a junct professor in the graduate tax program at 2, 1944, in New York City to William Henry testament to all American families, and I am the Villanova University School of Law. Kirk and Marjorie Smith Kirk, Ronald Eugene proud to honor the Cohrons. Madam Speaker, I ask that my colleagues Marvin and Mary Lou first met at Excel Jun- Kirk, the fourth of five children, was born and join me today in recognizing the outstanding ior High School in Monroe County, Alabama, raised in Harlem and is a product of the New service and extraordinary career of the Honor- around 1932. Both were the children of farm- York City Public School system. Ron’s passion able Calvin S. Drayer Jr. and all who dedicate ing families and spent much of their free time for community involvement and neighborhood their careers to the pursuit of justice. going to church services and social functions. empowerment was evident from the start of f his life. After receiving a bachelor’s in busi- On a Sunday evening, December 23, 1934, ness administration from Pace University and Marvin drove Mary Lou and some of her fam- A TRIBUTE TO FLOYD HAYS ELLIS a master’s in business management from ily to the home of the Justice of the Peace Manhattan College, Ron began his lifelong in- where the two were married. Marvin was 16 HON. BRETT GUTHRIE volvement in community service. and Mary Lou was 15. After their marriage, Marvin and Mary Lou OF KENTUCKY Early on, Ron became politically active and tried their hand at farming. After 3 years of IN THE HOUSE OF REPRESENTATIVES cut his teeth with such community based orga- marriage, Marvin had saved enough money Wednesday, December 16, 2009 nizations as the Community Planning Board from the sale of collard greens they had grown #10 in Manhattan, the Community Corpora- Mr. GUTHRIE. Madam Speaker, I rise today to buy Mary Lou a wedding band. Marvin to honor the memory of a truly remarkable tion/Harlem Youth in Action, Model Cities and moved to Pensacola, Florida, in 1939 and several political organizations established in Kentuckian, Floyd Hays Ellis. Over the course started work at the Pensacola City Bus Com- of his long and storied life as a farmer, soldier, the Harlem community. He was twice elected pany while Mary Lou continued working at Democratic District Leader in the 70th Assem- businessman and state senator, Bowling Vanity Fair in Alabama until she was able to Green’s favorite son embodied the values of bly District of New York. Ron served as foun- join her husband in Pensacola. In 1943, dation director of the City University of New the ‘‘Greatest Generation’’ to which he be- Marvin was drafted into the United States longed. York and as a confidential secretary to a New Navy where he served honorably in World York Supreme Court Judge. During his time in Generous in the extreme, Ellis was just as War II. He then went to school on the G.I. Bill thoughtful a legislator as he was a friend and New York, Ron received numerous accolades to learn refrigeration maintenance and repair. and commendations from such notable individ- father. Known for his winning smile and wry In 1950, Marvin began work at Navy Point sense of humor, he proved to be a canny uals as Representative CHARLIE RANGEL, stores before going into business for himself in former Mayor David Dinkins, Former New businessman, as well. He served for 20 years 1958. He opened Cohron’s Air Conditioning/ as the president and CEO of the Warren Rural York Secretaries of State Basil Patterson and Refrigeration Sales and Service and Mary Lou Percy Sutton. His efforts have been recog- Electric Cooperative Corp., in addition to worked as the bookkeeper and secretary for chairing the boards of Citizens First Bank, nized by organizations such as the Sickle Cell the office. In 1986, the Cohrons retired. They Foundation, the Catholic Youth Organization, Trans Financial Bank Corp., Commonwealth now spend their days enjoying fishing, camp- Health Corp. and the Kentucky Association of and the New York City Department for the ing, and ballroom dancing. They belong to Aging. Electric Cooperatives. several seniors’ dance clubs and Mary Lou Though many people who enjoy his level of Upon moving to Atlanta, Ron served as a belongs to the Red Hat Society. dedicated host for the 1996 Olympics held in success often sacrifice their private lives for Madam Speaker, on behalf of the United the sake of their profession, Floyd never put Atlanta, Georgia, and worked for the David States Congress, I am privileged to recognize Scott for Congress campaign in 2002. For the his work before family and friends. To the con- the 75th wedding anniversary of Marvin and trary, Floyd’s natural sociability and devotion past 8 years he has served admirably as my Mary Lou Cohron. Their family has been an senior Immigration/Department of State Spe- to his loved ones was perhaps his most re- invaluable part of our community for over sev- markable trait. cialist and Constituent Services Representa- enty years. My wife Vicki and I wish Marvin tive. Sadly, on Saturday, December 12, 2009, and Mary Lou, their 5 daughters, 10 grand- Floyd Hays Ellis passed away in the company Ron is a dedicated family man, having been children, 12 great-grandchildren, and great- of his long-time group of friends and con- married to the lovely Emma for 38 years, has great grandchild all the best. fidants; and while Kentucky may never again two beautiful children, Kwesi and Amina, and f see one of its finest sons, the evidence of his three wonderful grandsons, Nikai, James and HONORING JUDGE DRAYER legacy will be visible in the countless lives that Malachai. Ron is actively involved in commu- he touched. nity outreach and the Red Oak Methodist Church in Stockbridge, Georgia. HON. JIM GERLACH f It is with a heavy heart that I and my staff OF PENNSYLVANIA HISTORICAL PERSPECTIVE OF THE say goodbye to Ron as he retires from my IN THE HOUSE OF REPRESENTATIVES ONEIDA TRIBE OF INDIANS OF Congressional staff. I am extremely proud of Wednesday, December 16, 2009 WISCONSIN the accomplishments Ron has made through- Mr. GERLACH. Madam Speaker, I rise out his life and for his outstanding work in my today to honor the Honorable Calvin S. Drayer HON. STEVE KAGEN office. As this chapter of Ron’s life closes and Jr. who is retiring after faithfully serving the OF WISCONSIN he begins his new chapter, it is a blessing to people of Montgomery County, Pennsylvania, IN THE HOUSE OF REPRESENTATIVES know that Ron’s ability to be a social catalyst as a Common Pleas Court Judge since 1998. touched the lives of many in the 13th District Before joining the Montgomery County Wednesday, December 16, 2009 of Georgia and the Nation. Ron, I wish you Court, Judge Drayer had a distinguished legal Mr. KAGEN. Madam Speaker, the Oneida every success for the future and thank you for career that spanned nearly 30 years. He was Tribe of Indians of Wisconsin is sovereign your outstanding work effort, passion for a founding partner in the Norristown-based government with a long and proud history of change, and your ability to look at the impos- firm of Wilson, Drayer, Morrow and Broderick self-government. We are a federally recog- sible and ask, ‘‘why not?’’ where he concentrated on estates and trust nized treaty tribe of the United States. We God bless Ron Kirk. law. have faced threats and continue to face

VerDate Nov 24 2008 04:41 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.018 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3031 threats to our homelands. The Oneida have Consequently, tribal land ownership was re- EARMARK DECLARATION persevered in the face of adversity for cen- duced to a few thousand acres within the turies, and we proudly and passionately con- Oneida Reservation boundaries. HON. GREGG HARPER tinue to protect and preserve our homelands. The Dawes Allotment Act and the loss of OF MISSISSIPPI The Oneidas, along with the Mohawk, Sen- IN THE HOUSE OF REPRESENTATIVES eca, Cayuga and Onondaga comprised the tribal land ownership were ended when Con- Wednesday, December 16, 2009 original Five Nations of the Iroquois Confed- gress passed the Indian Reorganization Act of eracy that dates back to the 1500s, which 1934, IRA. The Federal policy of the IRA was Mr. HARPER. Madam Speaker, pursuant to later became the Six Nations when the Tusca- to recognize and strengthen the authority and the Republican Leadership standards on ear- rora joined in the 1700s. The Iroquois held autonomy of tribal governments, and implicit in marks, I am submitting the following informa- millions of acres of land in what is now the the recognition of tribal authority is a tribe’s tion regarding earmarks I received as part of State of New York, which entered statehood in right of self-government. The IRA provided the H.R. 3326—Department of Defense Appropria- tions Act, 2010. 1776. foundation for adopting a tribal constitution During the Revolutionary War, the Oneida Requesting Member: Congressman GREGG that would govern tribal members. and the Tuscarora supported the colonies and HARPER served in General George Washington’s army. In 1936, the Oneida membership adopted Bill Number: H.R. 3326 For this service, our lands were to be pro- the Oneida Constitution that established an Project Name: Regional Counter-Drug Train- tected forever, a promise reflected in the 1794 elected governing body for the Oneida mem- ing Academy—Meridian Project Amount: $2,800,000 Treaty of Canandaigua between the Oneida bership. Upon adoption of the Oneida Con- Account: Operating Forces Drug Interdiction and United States. stitution, the United States Federal Govern- The 1784 Treaty of Fort Stanwix was the and Counter-Drug Activities, Defense ment purchased 1,270 acres of land within the Recipient and Address: MS National Guard, first treaty between the Oneida and United Oneida Reservation and placed that land into Naval Air Station, 219 Fuller Road, Meridian, States that established peace between the Iro- trust for the benefit of the Oneida Tribe. Mississippi quois Confederacy and the colonial states, Description of Request: The National Guard which operated under the Articles of Confed- Since passage of the IRA, the Oneida Tribe Bureau identified a Fiscal Year 2009 unfunded eration at the time. This treaty of peace estab- has taken the initiative to actively acquire own- requirement of $24.2M for Counterdrug (CD) lished the government-to-government relation- ership of land within the Oneida Reservation Schools. With appropriate funding, CD schools ship between the Oneida Tribe and the United boundaries, and to provide for its membership will be better positioned to provide counter States that continues to exist today. through governmental programs and services narcotics-based training programs critical to Through the 1785 Treaty of Fort Herkimer that meet the needs of the people. More im- domestic law enforcement against narcoter- and the 1788 Treaty of Fort Schuyler with the portantly, the Oneida Tribe has strengthened rorism. The RCTA Meridian budget has shown State of New York, the Oneida lost more than its authority by the adoption, implementation little growth since FY2000, yet the costs asso- 5 million acres of their ancestral homelands to ciated with training law enforcement officers the State of New York. and enforcement of tribal laws. The Oneida In 1789, the States ratified the United States Tribe preserves its sovereignty by exercising have increased by approximately 20 percent. Requesting Member: Congressman GREGG Constitution, which declared treaties of the the inherent right of self-government over our HARPER United States to be the law of the land. The lands and members within the Oneida Res- Bill Number: H.R. 3326 United States adopted the Non-Intercourse Act ervation boundaries. Project Name: On-Board Hybrid Power Unit of 1793, which prohibited the purchase of any Among the most significant of our continuing (OBHPU) Indian land by any person or entity without the initiatives is the Oneida Land Claim and the Project Amount: $1,040,000 Federal Government’s approval. Account: Research, Development, Test, and In spite of the Non-Intercourse Act, the resolution of that claim. The Oneida Land Claim is the oldest and largest land claim in Evaluation, Army State of New York continued to enter into a Recipient and Address: Diversified Tech- the United States. Oneida has twice prevailed series of land transactions between 1795 and nology, 476 Highland Colony Parkway, before the Federal courts, most recently in 1846 with the Oneida in direct violation of Ridgeland, MS 39157 Federal law. These land transactions contin- 1985 when the United States Supreme Court Description of Request: 2010 funding will ued to deplete the Oneida land holdings in recognized the Oneida’s rightful claim against ensure the completion of, field-testing, devel- New York until only 32 acres remained in the State of New York for its violations of Fed- opment, integration plan and a training pro- Oneida possession by the 1820s. eral law more than 200 years ago. gram for the production version of the OBHPU During the 1820s, Oneidas relocated to 10 KW system. The Space and Missile De- what would become the State of Wisconsin to The Oneida Tribe entered into treaties with the United States that are recognized as the fense Command (SMDC) supports the establish new homelands. The Oneidas pur- OBHPU program to provide on-board electric law of the land under the United States Con- chased 5 million acres of land from the Winne- power to deployed radar and missile systems, bago and Menominee Tribes for the purpose stitution. Federal law, United States Supreme and is applicable in many other fields. of preserving sovereignty as a self-governing Court decisions and Federal Indian policy rec- Requesting Member: Congressman GREGG sovereign nation. This band of Oneidas be- ognize the treaty obligations of the Federal HARPER came recognized as the Oneida Tribe of Indi- Government to the federally-recognized tribes Bill Number: H.R. 3326 ans of Wisconsin, who entered their final trea- of the United States. The Oneida treaties also Project Name: Simulation Based Reliability ty with the United States in 1838, 10 years be- established the government-to-government re- and Safety (SimBRS) Program fore Wisconsin entered statehood. lationship between the Oneida Tribe and the Project Amount: $4,900,000 The Treaty of 1838 between the Oneida Account: Army, Combat Vehicle and Auto- United States, and form the basis for the Fed- Tribe of Indians of Wisconsin and the United motive Advanced Technology States established the present day Oneida eral trust responsibility that is also recognized Recipient and Address: Mississippi State Reservation boundaries located in northeast by Federal law, United States Supreme Court University, P.O. Box 6301, Mississippi State, Wisconsin and comprised of 65,430 acres. To decisions and Federal Indian policy. MS 39762. the present day, the Oneida Reservation has The Oneida Land Claim is deeply inter- Description of Request: SimBRS engages in not been diminished or disestablished by an twined with the history of the United States. synergized research and development experi- Act of Congress and our reservation bound- We have strived to resolve this claim through mentally validated cradle-to-grave modeling aries as established by treaty continue to exist continued negotiation and mediation and will and simulation capabilities to optimize reliability in vehicular components and systems under the full force and effect of Federal law continue to do so as a means to protect and and the United States Constitution. with consideration of uncertainties in input preserve our Tribal homelands. The Oneida The Dawes Allotment Act of 1887 enacted loads, manufacturing, operations and mainte- by Congress was the next challenge of main- will continue to act in an honorable manner to nance, and material properties to decrease taining our homelands. Our lands were divided resolve the land claim that allows the United weight and cost, and yet increase the perform- into individual parcels that resulted in a signifi- States, under the Federal trust responsibility ance, durability, and safety of the warfighter. cant loss of tribal land ownership because our owed to the Oneida Tribe by virtue of our trea- This initiative is a follow-on effort to ongoing members did not understand the English lan- ties with the United States, to right the wrongs Mississippi State University simulation based guage and did not understand land taxation. of the past that continue to exist today. reliability systems research.

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Requesting Member: Congressman GREGG Description of Request: A significant chal- at which children are provided with a gift from HARPER lenge in modern military operations is the abil- Santa, snacks, and a puppet show. This year Bill Number: H.R. 3326 ity to achieve and maintain real-time battlefield marks the 26th anniversary of the event, Project Name: VePro—Health Usage Moni- situational awareness. Achieving battlefield sit- which is extremely popular, attracting over toring and Vehicle Prognostics uational awareness requires the ability to 1,300 attendees. Project Amount: $2,880,000 robustly and persistently monitor the move- Throughout the year, chamber members Account: Army, Combat Vehicle and Auto- ments of the adversary in near real-time show their commitment to the organization motive Advanced Technology across a wide range of operational environ- and its role in the community at monthly gath- Recipient and Address: nCode International, ments including foliage, mountainous, and erings featuring speakers who keep business 200 Research Blvd., Starkville, MS 39759 urban terrain. This initiative is a follow-on ef- owners informed of new developments and in- Description of Request: Better under- fort to ongoing Mississippi State University Un- novations. standing of operational usage severity is crit- attended Ground Sensor (UGS) research and Through its dedication to service, the Gar- ical for vehicle designs to reliably meet needs development in support of the U.S. Special field Ridge Chamber of Commerce has con- at minimum cost and weight. VePro will save Operations Command (USSOCOM). tributed immensely to the larger community. billions of dollars spent annually on maintain- f As a proud native of Garfield Ridge, I sin- ing U.S. Army equipment, improve readiness cerely offer the chamber’s many dedicated and reduce danger to soldiers from unex- EARMARK DECLARATION members my heartfelt congratulations on the pected vehicle failures. The next stage is to occasion of its 50th anniversary. evolve these into scalable, robust cost effec- HON. CHRISTOPHER H. SMITH f tive pre-production Vehicle Health Manage- OF NEW JERSEY ment Systems (VHMS)—technology configura- IN THE HOUSE OF REPRESENTATIVES A PROCLAMATION HONORING tion, manufacturing, assembly and testing for SHERRI LAWRENCE FOR HER Wednesday, December 16, 2009 pre-production systems. CERTIFICATION BY THE NA- Requesting Member: Congressman GREGG Mr. SMITH of New Jersey. Madam Speaker, TIONAL BOARD FOR PROFES- HARPER pursuant to the Republican Leadership stand- SIONAL TEACHING STANDARDS Bill Number: H.R. 3326 ards on earmarks, I am submitting the fol- Project Name: F–15C AESA Classified lowing information regarding earmarks I re- HON. ZACHARY T. SPACE Demo ceived as part of the FY 10 Department of De- OF OHIO Project Amount: $8,000,000 fense Appropriations Act. Account: Air Force, F–15E Squadrons Requesting Member: Representative CHRIS- IN THE HOUSE OF REPRESENTATIVES Recipient and Address: Raytheon, Forest TOPHER H. SMITH Wednesday, December 16, 2009 Consolidated Manufacturing Center, 19859 Bill Number: H.R. 3326 Mr. SPACE. Madam Speaker, Highway 80, Forest, MS 39074 Project name: Re-establishing Ties: The Whereas, Sherri Lawrence has been grant- Description of Request: Funding will be Road from Warrior to the Community ed certification by the National Board for Pro- used for the final year of a 3-year develop- Account: OM, ARNG fessional Teaching Standards; and ment effort to demonstrate APG–63(V)3 Active Legal Name of Requesting Entity: New Jer- Whereas, Sherri Lawrence has sufficiently Electronically Scanned Array (AESA) classified sey Department of Military and Veterans Af- demonstrated adherence and dedication to the capability with a Radar Common Data Link fairs five core propositions of teaching set by the (RCDL). ANG and USAF F–15s are the back- Address of Requesting Entity: 101 Eggert National Board for Professional Teaching bone of forces assigned to perform a signifi- Crossing Road, Lawrenceville, NJ 08648 Description of Request: This funding would Standards; and cant portion of the Nation’s Homeland De- Whereas, due to her hard work and dedica- fense mission, protecting the United States be used to help successfully transition returning soldiers back in civilian life through the NJ tion to her profession, Sherri Lawrence was from attack by an airborne threat. FY10 fund- able to achieve this esteemed honor; and ing will complete the third and final phase of National Guard’s multi-tiered, reintegration program to address the needs of the returning Whereas, we recognize the values and les- the 3-year RCDL demonstration program. sons teachers impart to our children; and Requesting Member: Congressman GREGG combat veteran. This program includes: PTSD Whereas, the creative ingenuity that Sherri HARPER and TBI Screening; Suicide Prevention Efforts; Lawrence has demonstrated while educating Bill Number: H.R. 3326 Small Business Restart Assistance; and Coun- her students; now, therefore, be it Project Name: Silicon Carbide Electronics seling Services, among other benefits. Resolved, that along with Ohio’s 18th Con- Material Producibility Initiative f Project Amount: $2,400,000 gressional District, I congratulate Sherri Law- Account: Air Force, Advanced Materials for CELEBRATING THE 50TH ANNIVER- rence for her certification by the National Weapon Systems SARY OF THE GARFIELD RIDGE Board for Professional Teaching Standards. Recipient and Address: II–VI Wide Band CHAMBER OF COMMERCE f Gap Materials Group, 201 Research Blvd., FIRST RESPONDER ANTI-TER- Starkville, MS 39759 HON. DANIEL LIPINSKI RORISM TRAINING RESOURCES Description of Request: Funding will be OF ILLINOIS ACT used to develop technology, and establish pro- IN THE HOUSE OF REPRESENTATIVES duction capability, along with evaluation and Wednesday, December 16, 2009 SPEECH OF testing of SiC materials and integrated circuits for use in high power, high frequency DoD Mr. LIPINSKI. Madam Speaker, I rise today HON. BENNIE G. THOMPSON weapons systems and platforms. Future mis- to honor the Garfield Ridge Chamber of Com- OF MISSISSIPPI sion requirements dictate a range of current merce as it celebrates 50 years of service to IN THE HOUSE OF REPRESENTATIVES the community. and next-generation U.S. Military systems re- Tuesday, December 15, 2009 quiring critical high frequency and high power Founded in 1959, the Garfield Ridge Cham- components with dramatically enhanced capa- ber has grown to 100 members who work tire- Mr. THOMPSON of Mississippi. Mr. Speak- bilities which are unattainable with current lessly to fully embody its motto, ‘‘The Neigh- er, I rise in support of H.R. 3978, legislation technology. borhood that Cares and Shares.’’ that would permit the Center for Domestic Pre- Requesting Member: Congressman GREGG The chamber takes great pride in being an paredness to accept gifts and donations in HARPER active member of the community, participating order to better train our Nation’s first respond- Bill Number: H.R. 3326 each year in the Patriot Day Parade and An- ers. As Chairman of the Committee on Home- Project Name: Advanced, Long Endurance nual Pumpkin Parade, providing Christmas land Security, I am pleased that the House is Unattended Ground Sensor Technologies decorations along a major thoroughfare in the considering this legislation today, and I urge Project Amount: $3,920,000 neighborhood, delivering a business directory my colleagues to support its passage. Account: Defense-Wide, Special Operations to 17,500 homes in the area, and recognizing Mr. Speaker, the Federal Emergency Man- Intelligence Systems Development a police officer, firefighter, and teacher of the agement Agency’s Center for Domestic Pre- Recipient and Address: Mississippi State year at its annual dinner dance. paredness, Center, is the Nation’s leading all- University, P.O. Box 6301, Mississippi State, The chamber’s largest event, in which it hazards first-responder training center. Lo- MS 39762 takes special pride, is the ‘‘Snack with Santa,’’ cated in Anniston, Alabama, the Center has

VerDate Nov 24 2008 04:41 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.023 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3033 provided emergency response training to first BUENOS AIRES NATIONAL Whereas, Michele Maniskas has been responders in all fifty States and territories, as WILDLIFE REFUGE granted certification by the National Board for well as Federal Government employees, for- Professional Teaching Standards; and eign officials, and private entities. The Center HON. RAU´ L M. GRIJALVA Whereas, Michele Maniskas has sufficiently is especially well-known internationally for its OF ARIZONA demonstrated adherence and dedication to the weapons of mass destruction training facility. IN THE HOUSE OF REPRESENTATIVES five core propositions of teaching set by the The Center often receives offers of donated Wednesday, December 16, 2009 National Board for Professional Teaching goods and services, such as training displays, Standards; and Mr. GRIJALVA. Madam Speaker, I rise response equipment, and trailers. These dona- Whereas, due to her hard work and dedica- today to pay tribute to all the staff at the Bue- tions would allow the Center to offer stronger tion to her profession, Michele Maniskas was nos Aires National Wildlife Refuge. The Ref- training opportunities at a lower cost to the able to achieve this esteemed honor; and uge consists of a beautiful 118,000 acres of Department of Homeland Security, DHS, and mountains, riparian zones, and grasslands in Whereas, we recognize the values and les- the American taxpayer. Regrettably, the Cen- the Southern Arizona desert and contains ma- sons teachers impart to our children; and ter does not have the legal authority to accept jestic areas such as Brown Canyon, Arivaca Whereas, the creative ingenuity that Michele gifts that would enhance its ability to deliver Cienega and the Baboquivari Mountains. Maniskas has demonstrated while educating superior training. The Buenos Aires National Wildlife Refuge her students; now, therefore, be it H.R. 3978 would amend the Implementing is a sanctuary for many different types of wild- Resolved, that along with Ohio’s 18th Con- Recommendations of the 9/11 CommissionAct life including the Pima pineapple cactus, the gressional District, I congratulate Michele of 2007 to permit the Center to receive do- pygmy-owl and the endangered masked bob- Maniskas for her certification by the National nated gifts and services that are related to white quail.Additionally, 325 bird species, 53 Board for Professional Teaching Standards. preparedness for and response to terrorism. species of reptiles and amphibians, 58 mam- The legislation further calls on the Secretary of mal species, including mule deer, white-tailed f Homeland Security to annually report to Con- deer, pronghorn, javelina, and mountain lions AUTHORITY TO CONVERT CERTAIN gress on gifts accepted and how such gifts all call the Refuge home. Without the protec- contribute to the mission of the Center. tion of the Refuge, many of these species OVERSEAS LIMITED APPOINT- Other DHS training centers, such as the would disappear and be lost to us forever. The MENTS TO PERMANENT AP- Federal Law Enforcement Training Center, al- Refuge is also a vital part of the community POINTMENTS ready have the authority to accept gifts and and offers guided tours, hiking, camping, SPEECH OF donations. It is only appropriate that the Cen- horseback riding, mountain biking, excellent ter also have this authority. birding, and plenty of beautiful picnic areas. HON. BENNIE G. THOMPSON Mr. Speaker, H.R. 3978 is a straight-forward The Refuge even offers wonderful educational OF MISSISSIPPI opportunities through volunteer projects and piece of legislation that will pay immediate IN THE HOUSE OF REPRESENTATIVES dividends for our first responder community. I nature workshops. support its passage and encourage my col- The men and women employed at the Ref- Tuesday, December 15, 2009 leagues to support it as well. uge work tirelessly to preserve this beautiful Mr. THOMPSON of Mississippi. Mr. Speak- area. Through their efforts, the Refuge has er, I rise today in support of H.R. 1517, a bi- successfully reintroduced the endangered bob- f partisan bill authored by Representative ENGEL white quail and the pronghorn deer into the and the ranking member on the Committee of THE LOSS OF JACK PEEL wild and ensures their continued protection. Homeland Security, Representative KING. These people are truly the guardians of an environmental treasure and view their task as a As chairman of the Committee on Homeland HON. KATHY CASTOR privilege, not just a job. Security, I am grateful to these members for OF FLORIDA In addition to the wonderful staff at the Ref- putting before us today a bill that aims to fix IN THE HOUSE OF REPRESENTATIVES uge, an exemplary group of volunteers known a discrete but important issue at Customs and Border Protection. Wednesday, December 16, 2009 as the Friends of the Buenos Aires National Refuge dedicate their time to the community In short, this bill gives the Commissioner the Ms. CASTOR of Florida. Madam Speaker, I education conservation, and preservation of authority to noncompetitively convert approxi- rise today in honor of a brave American vet- this wonderful land. This nonprofit group gives mately 35 overseas CBP employees into full- eran and a great Floridian, Jack Peel, who selflessly to promote the goals of the Refuge time permanent civil service positions. passed away on November 29, 2009. and with the help of the Refuge staff; they re- These employees were originally hired by Mr. Peel was a native Floridian, born in cently held the 1st Annual Grasslands Fair to the Immigration and Naturalization Service Chipley, and a graduate of Chipley High celebrate this beloved land. under ‘‘limited overseas appointment’’ author- School. He served his country for four years in The Buenos Aires National Wildlife Refuge, ity between 1987 and 2003. the Navy where he made lifelong friends with its staff, and the volunteers who dedicate their Over time, the nature of their work changed, his fellow sailors. He then joined the Air Force time are all truly valued players in the protec- but their employment designation did not. where he remained for the next 26 years and tion of America’s wild lands. Being a member Since 2005, CBP, the Office of Personnel retired as master sergeant. of the House Committee on Natural Re- Management and the Department of State After retirement from the military, Mr. Peel sources and having seen our community grow have been trying to fix the glitch, but realize and his beloved wife Lynette made their home to over a million people, during my lifetime, I they need the help of Congress. in Bay Crest Park in Hillsborough County, know the importance of protecting areas like Doing so will not only ensure that the em- Tampa. There he dedicated his time to public the Buenos Aires National Wildlife Refuge. It ployees continue to receive the appropriate service. He served as president of the Bay gives me great joy to see such wonderful peo- benefits, but will also provide them with the Crest Park Civic Association, an active mem- ple giving of themselves to preserve and pro- protections they deserve as dedicated employ- ber of the Town N Country Alliance, a Catholic tect this spectacular region of southern Ari- ees serving the CBP mission abroad. Church community volunteer and advocate. zona. Further, this conversion of employment sta- Jack Peel had a talent for persuading his f tus will ensure that CBP and the United States neighbors, policymakers, and the Hillsborough A PROCLAMATION HONORING honor agreements between our country and Board of County Commissioners to beautify MICHELE MANISKAS FOR HER our foreign counterparts, such as Ireland, gov- and enhance Bay Crest and Town N Country. CERTIFICATION BY THE NA- erning U.S. personnel overseas. He and Lynette and the outstanding Town N TIONAL BOARD FOR PROFES- Going forward, using the authorities pro- Country community activists worked diligently SIONAL TEACHING STANDARDS vided to the Commissioner in H.R. 1517, it is to improve our community. For his dedication my hope that the Commissioner will take the to service, the Civic Association completed histories of these dedicated 35 individuals into Peel Park in December 2009 in honor of Mr. HON. ZACHARY T. SPACE account when applying CBP’s rotation policy. OF OHIO Peel. In our attempt to ‘‘right the system,’’ CBP IN THE HOUSE OF REPRESENTATIVES Madam Speaker, Jack Peel will be greatly should not unduly disrupt the lives of these missed. For all who love our community, be Wednesday, December 16, 2009 dedicated individuals, who provide a valuable inspired by Jack Peel’s dedication and service. Mr. SPACE. Madam Speaker, service to this country.

VerDate Nov 24 2008 04:41 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.021 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3034 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 CELEBRATING METRO GOLD LINE ants provide some of the best coaching and HONORING THE LIFE OF FORMER CONSTRUCTION AUTHORITY’S 10 vision in the country and the program—well CALIFORNIA ASSEMBLYMAN NAO YEARS OF SERVICE known for their great on-the-field success— TAKASUGI often makes positive impacts in the community HON. ADAM B. SCHIFF as well. HON. MICHAEL M. HONDA OF CALIFORNIA I congratulate every member of the roster OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES for their continued and storied success on the IN THE HOUSE OF REPRESENTATIVES field. I thank coach Goncharoff, his assistants, Wednesday, December 16, 2009 Wednesday, December 16, 2009 Athletic Director Brian Hercules and Principal Mr. SCHIFF. Madam Speaker, I rise today David Wellington for creating an environment Mr. HONDA. Madam Speaker, today I honor to congratulate the Metro Gold Line Foothill that allows student-athletes to thrive on the the life and achievements of my dear friend, Extension Construction Authority as it cele- field, in the classroom and in their community. former California State Assemblymember Nao brates ten years of service and commitment to Once again, congratulations and I wish the Takasugi. Nao dedicated his life to public the community. Since the Construction Author- Wolverines all possible success in the future. service with humility, integrity, and commit- ity was established by the California State f ment to the American ideals of equality and Legislature to design and construct the Pasa- justice. dena Metro Gold Line, it has completed 13.7 A PROCLAMATION HONORING LISA Nao was a 19-year-old student at the Uni- miles of light rail, which averages 24,000 daily ABELE FOR HER CERTIFICATION versity of California, Los Angeles, when he weekday boardings. BY THE NATIONAL BOARD FOR and his family were incarcerated in an intern- One decade ago, the Los Angeles County PROFESSIONAL TEACHING ment camp for Japanese Americans during Metropolitan Transportation Authority, faced STANDARDS World War II. with serious budgetary problems, delayed the His family was forced to sell most of their construction of the light-rail line to Pasadena. HON. ZACHARY T. SPACE possessions, but was able to keep the family store, the Asahi Market in downtown Oxnard, Senate Bill 1847 was introduced to create the OF OHIO Construction Authority and finish the work that IN THE HOUSE OF REPRESENTATIVES which they had owned since 1907. The Takasugi family was able to save the had already been started on the new rail line. Wednesday, December 16, 2009 store during their imprisonment by entrusting The newly created Construction Authority was the family business to a Mexican American not only able to complete the project on time Mr. SPACE. Madam Speaker, Whereas, Lisa Abele has been granted cer- employee, Ignacio Carmona. When the but was also able to build it under budget. tification by the National Board for Profes- Takasugi family returned to Oxnard in 1945, Today, the Metro Gold Line Foothill Exten- sional Teaching Standards; and Mr. Carmona returned the business back to sion Construction Authority is continuing its Whereas, Lisa Abele has sufficiently dem- the Takasugis, after faithfully carrying on the work in connecting downtown Los Angeles to onstrated adherence and dedication to the five business for three years. the San Gabriel Valley and beyond. Funding core propositions of teaching set by the Na- In 1943, Nao was among approximately has been secured to extend the line to the city tional Board for Professional Teaching Stand- 4,000 Japanese American college students of Azusa and plans are in place to continue ards; and who were released from the internment camps the Gold Line to Montclair and Ontario Inter- Whereas, due to her hard work and dedica- and allowed to attend college on the East national Airport. The success of the Gold Line tion to her profession, Lisa Abele was able to Coast. Nao earned his business administration is a testament of the collaborate efforts be- achieve this esteemed honor; and degree at Temple University in Philadelphia tween the staff of the Construction Authority Whereas, we recognize the values and les- and a master’s in business administration from and the elected officials, civic leaders, and sons teachers impart to our children; and the Wharton School at the University of Penn- residents of the surrounding communities. Whereas, the creative ingenuity that Lisa sylvania in 1946. When he returned to The Gold Line not only provides a reliable Abele has demonstrated while educating her Oxnard, he ran his family’s Asahi Market. and efficient source of transportation to resi- students; now, therefore, be it His family’s imprisonment inspired him to dents of the greater Los Angeles region, it Resolved, that along with Ohio’s 18th Con- commit his life to strengthening our democracy also alleviates traffic and is a part of our fight gressional District, I congratulate Lisa Abele in public service, and did not cause deep em- to reduce pollution. The congestion on the for her certification by the National Board for bitterment. As Oxnard City Councilman, Gold Line corridor highways has continued to Professional Teaching Standards. Mayor, and then California State Assembly- increase as the Inland Empire grows in popu- f man, he ably represented all of his diverse lation. As we work to find solutions to solve constituents, crossing racial and ethnic di- our traffic congestion dilemma, extending the EARMARK DECLARATION vides, and building bridges across party lines. Gold Line into our eastern cities is clearly part At the age of 87, Nao died of complications of the answer. HON. HAROLD ROGERS from a stroke on November 19, 2009. He is It is with great pleasure that I congratulate OF KENTUCKY survived by his wife of 57 years, Judy, and the Metro Gold Line Foothill Extension Con- IN THE HOUSE OF REPRESENTATIVES their five children, Scott, Russell, Ron, Tricia struction Authority on its ten years of success. Wednesday, December 16, 2009 and Lea. I am proud of the role I have played in helping I was truly saddened by the loss of my dear the Gold Line become the pride of the San Mr. ROGERS of Kentucky. Madam Speaker, friend Nao Takasugi. He was a gentle soul, Gabriel Valley and I wish it continued success! pursuant to the House Republican standards and never let his kind demeanor get in the f on congressionally-directed funding, I am sub- way of his strong beliefs about justice and civil mitting the following information regarding THE BELLEVUE WOLVERINES rights. When he spoke, people listened as he funding included in H.R. 3326—Department of was always true to his convictions and sense Defense Appropriations Act, 2010. of honor. I will miss him dearly and will always HON. DAVID G. REICHERT Requesting Member: Congressman HAROLD reflect on his life as a metric of how I should OF WASHINGTON ROGERS conduct my own. IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3326 Account: PA,A f Wednesday, December 16, 2009 Legal Name of Requesting Entity: Blue ‘‘THIS CHRISTMAS,’’ IN HONOR OF Mr. REICHERT. Madam Speaker, I rise Grass Army Depot ALL OUR ARMED FORCES AND today to applaud a phenomenal high school Address of Requesting Entity: 431 Battle THEIR FAMILIES THIS CHRIST- football program in my District—the 8th of Field Memorial Road, Richmond, KY 40475 MAS SEASON Washington—for winning another State Cham- Description of Request: The funding of pionship—their seventh in nine years. $3.92 million will be used for the Blue Grass HON. KENDRICK B. MEEK The Bellevue Wolverines have an illustrious Army Depot Superficial Water Oxidation-Con- OF FLORIDA history of football success in the State of ventional Demilitarization. These funds will IN THE HOUSE OF REPRESENTATIVES Washington, and they continued the trend on provide the Army with a state-of-the-art envi- Saturday, December 5, defeating the Liberty ronmentally friendly means of processing the Wednesday, December 16, 2009 Patriots, 23–17, to secure another 3A title. problematic energetic wastes generated at the Mr. MEEK of Florida. Madam Speaker, I rise Head Coach Butch Goncharoff and his assist- Blue Grass Army Depot. today with a poetic tribute in honor of our

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.025 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3035 Magnificent Armed Forces and their Splendid For all of those families, who’ve sacrificed PAYING TRIBUTE TO THE Families this Christmas and holiday season. . . . and blessings of freedom they HEALTHCARE WORKERS UNION gave! 1199 SEIU AS THEY MARK THEIR And for all of the ones who are so separated This Christmas . . . by the miles, so very far across the shores. 50TH ANNIVERSARY Our hearts, especially go out to all of those f families who have lost their greatest loves of TRIBUTE TO JANICE AND all, in the defense of our nation. And to all of BENJAMIN REZNIK HON. CHARLES B. RANGEL those recovering from the grave wounds of OF NEW YORK war we pray for their speedy recovery. Bless HON. HOWARD L. BERMAN IN THE HOUSE OF REPRESENTATIVES them all! I ask that this poem penned by Al- OF CALIFORNIA bert Caswell be placed in the RECORD in IN THE HOUSE OF REPRESENTATIVES Wednesday, December 16, 2009 honor of them as follows: Wednesday, December 16, 2009 Mr. RANGEL. Madam Speaker, this year THIS CHRISTMAS ... Mr. BERMAN. Madam Speaker, I rise today marks the 50th Anniversary of 1199 SEIU as As the snow falls to the ground. . . . to congratulate my good friends Janice and a healthcare workers union. For the union, the And all of our children dance, with songs of Benjamin Reznik on the occasion of their last 50 years have been challenging ones. joy so all around . . . Through its efforts, much has changed for the With stockings hung by the chimneys with Parnas Award honor from the Masorti Founda- care. . . . tion for Conservative Judaism in Israel 14th better, and they have been a large part of that With all of those hopes and dreams, of Santa Annual Los Angeles Celebration. change. In the words of founder and former there . . . Before becoming the Founding President of president Leon Davis, it is a history of ‘‘tough With Christmas dinners and fires all aglow, Jewish World Watch, Janice Kamenir-Reznik struggles and pioneering advances, decent as before this family a feast lies so . . . led an active career in the field of law. A grad- wages, and working conditions instead of pov- A child is born, for all to know! uate of UCLA law school, Janice spent years erty, respect on the job instead of contempt, But, remember . . . remember . . . remember building a distinguished career in the legal security instead of fear, and hope instead of all of those . . . Those families! Those Patriots of Peace, all field and then, recognizing her passion for despair.’’ community service work, turned to that avoca- them, all of these . . . The 1199 changed history in 1959 when a tion. Under her able leadership, Jewish World The ones, who this Christmas will not to- drugstore union made up of pharmacists gether be . . . Watch—founded jointly with Rabbi Harold joined the Civil Rights Movement and set out Who upon battlefields of honor fight! Schulweis—has become one of the leading So far away from our Country Tis of Thee, advocacy groups in the fight against the geno- to organize 30,000 predominantly Black and this night . . . cide in Darfur and other global human rights Latino workers in New York City’s voluntary Men and Women of such honor bright, who abuses. hospitals. The union succeeded in signing for all of us . . . so carry that fight . . . their first collective bargaining agreement with Who live with such heartache and death, as Janice served as the director of the Com- mission on Soviet Jewry for the Los Angeles Montefiore Medical Center that year. Today, on each new day their honor blesses the union is 350,000 healthcare workers ... Jewish Federation, and during her years in As they bless us all, with all their gifts of practice was President of California Women strong, in hospitals, nursing homes, and selflessness . . . Lawyers, the statewide women’s bar. She was homecare agencies throughout New York, And all of those ones, whose greatest of all a founder and president of California Women’s New Jersey, Massachusetts, Maryland, and loves . . . now so lie in soft quiet Law Center, a public interest organization ad- Washington, DC. And they continue to grow graves . . . vocating for the rights of women and girls. She despite these difficult times. Precious Daughters and Sons, Husbands and Wives . . . has testified before the House Judiciary Com- Aside from raising labor standards and re- Fathers and Mothers, Sisters and Brothers mittee. storing dignity to their members, 1199 has who so gave . . . In addition to the numerous legal positions been a leading force for social and economic Who so gave That Last Full Measure . . . did held by Janice over the years, she also served justice for all. It is why Dr. Martin Luther King, they! in many Jewish community leadership roles. I Jr., called 1199 his ‘‘favorite union.’’ And it is Whose loved ones pain, can not be healed by commend her for her invaluable contributions why they were the only labor union Malcolm X time, nor so divided . . . in serving on the following boards: Los Ange- chose to speak before. The union was once Who on this Christmas morning, sit with les Hebrew High School, Valley Beth Shalom, tears in eyes . . . the headquarters for Cesar Chavez’s national Los Angeles Hillel Council, UCLA Hillel, and With one less place set at the dinner table grape and lettuce boycotts, as well as the this year . . . as they cry . . . the Jewish Federation Council. Ben Reznik boasts a stellar professional headquarters for Nelson Mandela’s visit to And all of those who have come home, with- New York when he was released from prison. out arms and legs . . . and philanthropic record. Widely respected for Blessing us with their fine gifts of courage his tenacious legal acumen, Ben has been de- In all its years of activism in electoral politics, displayed! scribed as ‘‘the most litigious attorney in Los the union’s greatest crowning achievement Making us all so see, just how magnificent Angeles’’ by his peers. He has been a key was in 2008, when it dispatched thousands of and inspiring a heart can be! leader and activist in the community, devoting members—many of them for several months— And all of those with loved ones, who are so himself to a wide variety of organizations and to help elect Barack Obama as our nation’s far across the shores . . . first African-American president. As each new day but brings such great worry causes. Currently, he is chairman of the Gov- . . . sure . . . ernment, Land Use, Environment and Energy For all its achievements over the many But, waiting . . . but waiting for, that knock Department at the law firm of Jeffer Magels years of service, including being champions of on the door . . . Butler & Marmaro LLP, JMBM, and leads 25 worker rights, I applaud 1199 on its 50th anni- That phone call, that they now not so pray lawyers who comprise that department. Ben versary and have pledged to its president, for . . . has also argued before the Supreme Court George Gresham, that the union can continue Quiet Heroes, one and all! and has represented many prominent compa- Watching them from Heaven, The Angel’s to count on my strong support in the many tear drops fall . . . nies including the Mitsubishi Corporation and years ahead. The Clarett Group. Lord God, Lord God . . . Bless Them . . . So Madam Speaker, I ask that you and my Bless Them All! Ben and Janice have three children, Yoni, For So Many, So Few Have But Paid The Devi and Sami. They live in Encino where, distinguished colleagues join me in celebrating Cost! through years of community activism and pro- the 50th anniversary of 1199 United So bore the burden, so carry that cross! That fessional success, they have helped numerous Healthcare Workers East of the Service Em- cross of war! people and are shining examples of what the ployees International Union. As 1199 looks This Christmas, as you hold your families Jewish tradition calls tikkun olam. back at its historic accomplishments over the tight . . . last 50 years, let’s join it in looking forward to And seem so fine, and so very right . . . Madam Speaker and distinguished col- And you see those smiles, of your children leagues, I ask you to join me in congratulating the next 50 years, meeting the challenges that very bright . . . Janice and Ben Reznik for their impressive ca- lie ahead with the same spirit, determination, Give thanks, Give praise . . . as upon your reer and dedication to the community and to and strength that has shaped who it continues knees fall and pray . . . congratulate them on receiving this honor. to be today.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.029 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3036 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 A PROCLAMATION HONORING CYN- tories and other key economic infrastructure. RESPONDING TO THE GOVERN- THIA RUCKER FOR HER CERTIFI- With a disruption in supply, the Iranian govern- MENT OF AUSTRALIA’S APOL- CATION BY THE NATIONAL ment will be forced to grapple with the serious OGY FOR THE MISTREATMENT BOARD FOR PROFESSIONAL cost of its reckless choices. I regret that the OF CHILD MIGRANTS AND CHIL- TEACHING STANDARDS Iranian people, already victims of a tyrannical DREN IN INSTITUTIONAL CARE government, could also face economic reper- UNDER STATE SUPERVISION HON. ZACHARY T. SPACE cussions as the result of these sanctions. But OF OHIO I believe it is imperative to do everything pos- HON. ALCEE L. HASTINGS IN THE HOUSE OF REPRESENTATIVES sible to bring about a successful diplomatic OF FLORIDA resolution of this crisis and avert the need for IN THE HOUSE OF REPRESENTATIVES Wednesday, December 16, 2009 military action. Wednesday, December 16, 2009 Mr. SPACE. Madam Speaker, The danger of a nuclear-armed Iran is only Whereas, Cynthia Rucker has been granted underscored by President Ahmadinejad’s un- Mr. HASTINGS of Florida. Madam Speaker, certification by the National Board for Profes- stable regime, its belligerence toward the I rise today to recognize the apology offered sional Teaching Standards; and United States, its calls for the destruction of by the Government of Australia for the mis- Whereas, Cynthia Rucker has sufficiently Israel, its robust support for terror groups like treatment of child migrants and children in in- demonstrated adherence and dedication to the Hamas and Hezbollah and its blatant dis- stitutional care under state supervision. five core propositions of teaching set by the regard for its own citizens. In an effort to populate its empire, the Brit- National Board for Professional Teaching I urge my colleagues to vote yes and take ish Government assisted private organizations Standards; and serious action to pressure Iran to change with settling people in many of its overseas Whereas, due to her hard work and dedica- course. dominions. Between 1922 and 1967 over tion to her profession, Cynthia Rucker was 7,000 children were sent to Australia and able to achieve this esteemed honor; and f placed in the care of residential institutions. Whereas, we recognize the values and les- Many of these children were separated from sons teachers impart to our children; and IN MEMORY OF DAVID STONE their families and never told the truth about Whereas, the creative ingenuity that Cynthia their loved ones. They became part of the half Rucker has demonstrated while educating her HON. JANE HARMAN a million Australian children who were placed students; now, therefore, be it in institutional or foster care during this period OF CALIFORNIA Resolved, that along with Ohio’s 18th Con- who would later be called the ‘‘Forgotten Aus- gressional District, I congratulate Cynthia IN THE HOUSE OF REPRESENTATIVES tralians’’. As wards of the state, the Forgotten Rucker for her certification by the National Wednesday, December 16, 2009 Australians suffered from appalling physical, Board for Professional Teaching Standards. Ms. HARMAN. Madam Speaker, the post- emotional and sexual abuse. They were sub- f 9/11 world has posed many challenges—es- jected to harsh, often brutal discipline and labor programs, and referred to by number in- IRAN REFINED PETROLEUM pecially to the old way of doing business. stead of by name. SANCTIONS ACT OF 2009 Someone who stepped up and used his military training and experience to transform air- For years, their story has been lost—un- heard and unacknowledged by the wider com- SPEECH OF port security was David Stone. David died un- expectedly earlier last month, at age 57, and munity. The aftermath of this government-con- HON. HENRY A. WAXMAN I rise to commemorate my friend and his ex- doned suffering left deep emotional and psy- OF CALIFORNIA ceptional career. chological scars on countless individuals and their families, and many resorted to crime, IN THE HOUSE OF REPRESENTATIVES Admiral Stone was selected as the first fed- drug and alcohol abuse and suicide. Tuesday, December 15, 2009 eral security director at LAX—the top terror On November 16, 2009, Prime Minister target on the West Coast—shortly after 9/11. Mr. WAXMAN. Madam Speaker, each week Kevin Rudd formally apologized to the Forgot- He proved more than equal to the task. Work- brings more disturbing evidence of Iran’s nu- ten Australians on behalf of the Australian ing under immense pressure and close public clear advances, its defiance of UN Security government and the Parliament of Australia scrutiny, Stone established strict new federal Council demands and its refusal to comply and took an important step in national healing. airport security standards, secured nearly $1 with the requirements of the International This apology was accompanied by a commit- billion in federal funding for security upgrades Atomic Energy Agency. ment to properly record and share the experi- and positioned LAX to become a test site for The latest news, since the revelation earlier ences of the Forgotten Australians with future new security technologies that are now used this year of an undisclosed nuclear enrichment generations and support victims as they at- around the world. site in Qom, is Iran’s work on technology to tempt to discover their familial backgrounds The Bush administration noticed and Stone set off a nuclear bomb. The regime is already and reunite with loved ones. believed to have enough low-enriched uranium was asked to apply his talents at the national This statement came nearly 2 years after available to, with further enrichment create at level. As the Nation’s third TSA administrator, another historic apology that Prime Minister least one nuclear bomb. Together with its on- he was charged with overseeing security at Rudd gave on behalf of the Australian Govern- going work on ballistic missiles to deliver a nu- not just one airport—but all of them, in addi- ment to the Indigenous people of Australia clear warhead, Iran could have a nuclear tion to ports, railroads, and pipelines. In just 2 and the Stolen Generation. The willingness of weapon within months. years, he shaped the role of the TSA for years the Australian government to address past In an attempt to stop the Iranian program to come. wrongs and present inequalities shows its from moving ahead, President Obama has When Stone left the TSA it marked a cul- dedication to national healing, growth and rec- made a concerted effort to engage Iran in di- mination of more than three decades of na- onciliation. rect talks. Together with the permanent mem- tional service. He was a decorated soldier, a Madam Speaker, I commend the Australian bers of the UN Security Council and Germany, graduate of the U.S. Naval Academy who rose Government for acknowledging its past trans- the United States has offered a clear path for to rank of Rear Admiral. During his 28-year gressions and for its commitment to the sa- Iran to end its status as a pariah state. military career he commanded warships, ves- cred duty of protecting its children, families So far, Iran remains intransigent. If inter- sel fleets, NATO naval forces, and an aircraft and communities in the years to come. carrier battle group. For his valor he received national concern over the Iranian nuclear pro- f gram is to be resolved diplomatically, we must three Legions of Merit, five Meritorious Service increase pressure on Iran to come to the medals, and three Navy Commendation med- EARMARK DECLARATION table. The bill before us does exactly that by als. establishing stringent sanctions to limit Iran’s A lovely memory is how David spoke to high HON. MICHAEL K. SIMPSON ability to import refined petroleum. It also pro- school seniors in my district who were apply- OF IDAHO vides waiver authority that preserves the ing to the military academies. He was so ex- IN THE HOUSE OF REPRESENTATIVES Obama Administration’s flexibility as it moves cited about them—and recalled his own jour- forward in its diplomatic efforts. ney decades earlier. David Stone also shared Wednesday, December 16, 2009 Iran imports up to 40 percent of its refined this excitement and talent with a grateful na- Mr. SIMPSON. Madam Speaker, in accord- petroleum supplies to power cars, planes, fac- tion. He is fondly remembered. ance with the policies and standards put forth

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.029 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3037 by the House Appropriations Committee and Recipient: American Semiconductor, Inc puting, which require more power. Limited en- the GOP leadership, I would like to list the Recipient’s Street Address: 3100 South ergy sources and cooling capacity aboard congressionally-directed projects I have re- Vista Avenue, Suite 230, Boise, Idaho 83705 spacecraft restrict increased processing capa- quested in my home State of Idaho that are Description: Funding for this program will bility. Power consumption has become a lim- contained in the Conference Report accom- deploy a new foundry capability to address the iting factor in the performance electronic and panying H.R. 3326, the FY2010 House De- most critical electronics sourcing issue faced computing technologies. Microchip designers fense Appropriations Bill. for secure supply of advanced DoD integrated have addressed rising power consumption by Project Name: 3–D Technology for Ad- circuits in 2012 and beyond. DOME is an reducing the voltage levels of the power deliv- vanced Sensor Systems AFRL-sponsored initiative to implement a ered to the chips, with excellent results. How- Amount Received: $2,000,000 45nm state-of-the-art wafer fabrication capa- ever, this creates a new problem of how to de- Account: Electronics Technology Account in bility to meet current and future system re- liver clean low-voltage power to the chips. the Department of Defense RDT&E quirements for fabrication of specialized inte- This research will develop the technologies to Recipient: Boise State University grated circuits in a broadly available foundry enable low-voltage power regulation to be in- Recipient’s Street Address: 1910 University capacity to serve DOD. Microelectronics capa- tegrated onto the same piece of silicon that Drive, Boise, Idaho 83725 Description: The 3–D packaging approach bility for defense applications requires ad- holds the computing circuits, thus making offers the promise of a dramatic decrease in vancement of technology for each generation ultra-low-power microelectronics practical. The the system weight and volume, together with of new defense system. Defense system re- key to this technology is integrated passive increased system performance. This project quirements are often highly specialized and in- components. In addition, this research will will provide funding to continue to develop 3– clude capability beyond that of standard com- produce a new range of component options D processing techniques on silicon and LTCC mercial devices due to their unique operational for analog circuit designers, enabling greater platforms. These include technologies for die- environments. An advanced and sustainable ability to program and increasing flexibility of and wafer-scale bonding and 3–D intercon- defense microelectronics supply solution is re- on-board electronic systems. nects. These techniques will be applied to cre- quired that can provide parts in low volume at Project Name: Material, Design, Fabrication ate 3–D integration and packaging solutions reasonable costs and be fabricated on-shore Solutions for Advanced SEAL Delivery System applicable to a general category of high per- to meet security requirements. This advanced external structural components Amount Received: $2,000,000 formance sensor systems. The military has a process technology enables higher speed, Account: Operations Advanced Seal Deliv- need for new three-dimensional (3–D) pack- lower power electronics that are of vital impor- ery System (ASDS) Development in the De- aging of electronic systems, particularly sensor tance to the military and intelligence commu- partment of Defense Research, Development, systems for portable (i.e., on-soldier) applica- nities. The DOME program will deliver the ca- Test and Evaluation (RDT&E) tions. 3–D integration and packaging of sen- pability to manufacture semiconductors at the most advanced technology node currently in Recipient: Premier Technology Inc. sors will result in smaller electronics with ex- Recipient’s Street Address: 1858 West panded capability, allowing the soldier in the production, 45nm, at an American run on- shore facility optimized for DoD/IC business. Bridge Street, Blackfoot, Idaho 83221. field to be more effective. Description: Premier Technology Inc. will Project Name: Accelerator-Driven Non-De- Project Name: Hybrid Energy Systems De- work with the Idaho National Lab, Navy PEO structive Testing sign and Testing Amount Received: $2,000,000 Amount Received: $2,000,000 Submarine (PMS 399), U.S. Special Oper- Account: Support Systems Development Ac- Account: Military Engineering Advanced ations Command, Naval Special Warfare count in the Air Force RDT&E Technology Account in the Army RDT&F Command and the Navy Office of Naval Re- Recipient: Idaho State University Recipient: Idaho National Laboratory search to provide material, design and fabrica- Recipient’s Street Address: 921 South 8th Recipient’s Street Address: 2525 Fremont tion solutions for ASDS external structural Avenue, Stop 8007, Pocatello, Idaho 83209 Avenue, Idaho Falls, Idaho 83415 components allowing those components to Description: The Idaho Accelerator Center Description: The Hybrid Energy Systems withstand severe hydrodynamic, hydrostatic (IAC) will develop a research, education and Development and Testing Program will provide and shock loading while maintaining significant commercialization program that takes non-de- the Army transformational technologies that resistance to corrosion in situations where the structive testing techniques developed at the advance Army leadership in global energy se- ASDS is attached to the submerged host sub- IAC and advances their development. The curity and carbon reduction. Hybrid energy marine operating at high speeds. Candidate penetrating and non-destructive techniques concepts provided through this program could components include the host submarine pylon that are under development include new tech- allow the Army to simultaneously address en- assembly, ASDS lower hatch (buttress niques in positron annihilation spectroscopy ergy supply (electrical grid and fuel supply) se- threads) and ASDS shaft line components. with accelerator-based gammabeams, the use curity and surety, environmental (CO2) foot- The goal of this project is to assist the U.S. of mono-chromatic x-ray beams and the use print reduction, and provide national economic Navy in bringing ASDS to its fullest oper- of photon activation (via photonuclear reac- benefits. This project will leverage unique as- ational capability by addressing challenges tions) for trace element analysis of materials sets at the INL, such as its Hybrid Testing that it faces in key material issues. and manufacturing processes. The develop- Lab, engineering-scale energy test beds, Project Name: Radiation Hardened Cryo- ment of practical non-destructive testing (NDT) supercomputing capabilities, and hybrid sys- genic Read Out Integrated Circuits techniques will help the U.S. Air Force reduce tems design teams, and nuclear technology Amount Received: $1,600,000 aircraft downtime necessary for inspection and designs, to develop, validate, and assess hy- Account: Defense Production Act Purchases enhance turn-around times by more quickly brid and other advanced energy system con- in Department of Defense Procurement identifying needed repairs through spectros- cepts. This program will provide a foundation Recipient: ON Semiconductor, Inc. copy and the use of x-ray. The development for Army leadership in clean, smart, secure Recipient’s Street Address: 2300 Buckskin of practical NDT techniques will be of im- energy for future defense and non-defense ap- Road, Pocatello, Idaho 83201 mense value to the armed forces in four crit- plications. Description: Readout integrated circuits ical areas: quicker return of aircraft to the line Project Name: Integrated Passive Electronic (ROIC) are the foundation of thermal imaging by reducing the tear-downs necessary for in- Components systems. These systems have forever spection; non-destructively addressing the Amount Received: $1,360,000 changed modern warfare and surveillance. enormous ’aging fleet’ problem of the U.S.A.F. Account: Advanced Spacecraft Technology The United States Air Force and the Missile and the private sector; better economics by re- in the Air Force RDT&E Defense Agency have been investigating ways placing parts on an on condition inspections Recipient: University of Idaho to improve manufacturing capabilities and im- basis instead of a ’life limited’ basis; and the Recipient’s Street Address: 820 Idaho Ave., prove cryogenic and radiation performance of ability to successfully apply NDT techniques to Morrill Hall 109, Moscow, ID 83844 these circuits. The thermal imagers of the fu- composite materials. Currently, no commer- Description: Spacecraft are critical for co- ture will operate in harsh environmental condi- cialized NDT technique works on composite ordinating modern military operations, particu- tions for longer periods of time and will have materials. larly for intelligence gathering, battle-space increased resolution (through increased pixel Project Name: Domestic Manufacturing of communications, resource deployment (e.g. count) than the detectors of today. Maintaining 45nm Electronics (DOME) Global Positioning System), and targeting. a domestic source of this technology, as well Amount Received: $3,200,000 More accurate and timely information enables as working to enhance the manufacturing ca- Account: Advanced Spacecraft Technology more effective deployment, but requires en- pabilities of this critical technology, are as Account in the Air Force RDT&E hanced sensing, communications and com- equally important as increasing the yield. The

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.035 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3038 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 DPA Tide III Readout Integrated Circuit core propositions of teaching set by the Na- sors and an integrating network methodology (ROIC) program will continue the improvement tional Board for Professional Teaching Stand- for geospatial localization and tracking of ex- efforts to develop technology that includes a ards; and plosive related threats and precursor materials larger stitched die, smaller feature size (< Whereas, due to her hard work and dedica- using spatially distributed, multimodal sensors. 0.35um), improved yields, and reduced cycle tion to her profession, Erica Rhea was able to This effort is consistent with the U.S. Army times will enable a domestic U.S. source for achieve this esteemed honor; and goals of assured mobility and force protection. ROIC manufacturing to meet our national de- Whereas, we recognize the values and les- Requesting Member: Rep. JO ANN EMERSON fense needs. sons teachers impart to our children; and Bill Number: H.R. 3326 I appreciate the opportunity to provide a list Whereas, the creative ingenuity that Erica Account: RDTE, AF of congressionally-directed projects in the Rhea has demonstrated while educating her Requesting Entity: Missouri University of Conference Report accompanying the FY2010 students; now, therefore, be it Science and Technology Defense Appropriations bill on behalf of Idaho Resolved, that along with Ohio’s 18th Con- Address of Requesting Entity: 1870 Miner and provide an explanation of my support for gressional District, I congratulate Erica Rhea Circle, Rolla, Missouri 65409 them. for her certification by the National Board for Description of Request: Provide an earmark f Professional Teaching Standards. of $2,400,000 to develop fiber reinforced ultra- high temperature materials for hypersonic IRAN REFINED PETROLEUM f flight vehicles. Ultra-high temperature mate- SANCTIONS ACT OF 2009 EARMARK DECLARATION rials are imperative for the leading and trailing SPEECH OF edges, and control surfaces, of future HON. JO ANN EMERSON hypersonic vehicles. The proposed project HON. GENE GREEN OF MISSOURI would greatly advance the material selection OF TEXAS IN THE HOUSE OF REPRESENTATIVES and design capability for military systems pro- IN THE HOUSE OF REPRESENTATIVES Wednesday, December 16, 2009 jected to operate in the extreme environments Tuesday, December 15, 2009 associated with hypersonic flight. Success of Mrs. EMERSON. Madam Speaker, pursuant this project would enable the United States to Mr. GENE GREEN of Texas. Madam to the House Republican standards on ear- Speaker, I rise today in strong support of H.R. uphold its position of world leadership in these marks, I am submitting the following informa- critical technology areas. 2194, the Iran Refined Petroleum Sanctions tion in regards to H.R. 3326, the Fiscal Year Act of 2009. 2010 Department of Defense Appropriations f Since the U.S. first placed sanctions on Bill. commercial relations with Iran in 1996, the Ira- HONORING WILLIAM H. BEARDSLE Requesting Member: Rep. JO ANN EMERSON nian government has not only failed to comply Bill Number: H.R. 3326 with its international obligations, but has fur- Account: RDTE, A HON. MICHAEL H. MICHAUD ther intensified its efforts to develop nuclear Requesting Entity: Missouri University of OF MAINE weapons. Most recently, Iran has rejected de- Science and Technology IN THE HOUSE OF REPRESENTATIVES mands from the International Atomic Energy Address of Requesting Entity: 1870 Miner Wednesday, December 16, 2009 Agency to halt construction of a previously un- Circle, Rolla, Missouri 65409 disclosed uranium enrichment facility near Description of Request: Provide an earmark Mr. MICHAUD. Madam Speaker, I rise Qom. It has also announced plans to build ten of $2,400,000 to research materials that will today to recognize the accomplishments of additional enrichment facilities. lead to advances in the storage and genera- William H. Beardsley. While I fully support the President’s efforts tion of power. To maintain a strong national William Beardsley served for the past 22 to engage the Iranian government diplomati- defense, our Nation must develop new de- years as president of Husson University in cally, Congress must show Iran that failure to vices from innovative polymer-based materials Bangor, Maine. When Mr. Beardsley took reach an agreement will not be without con- that have lower-power requirements, greater over, the University was threatened by emi- sequence. H.R. 2194 facilitates this goal by strength, lighter weight, higher sensitivity, and nent bankruptcy, but because of William’s weakening Iran’s energy sector, which the Ira- robustness to operate under extreme condi- strong leadership, the University today is fi- nian government relies on for 80 percent of its tions. The research will provide materials that nancially solid and continues to educate the revenue. This legislation specifically targets will lead to important advances in the genera- future leaders of Maine and the United States. Iran’s petroleum refining industry due to its tion and storage of power. The power genera- Under his guidance, enrollment at Husson heavy reliance on foreign assistance and tion systems would have advantages for mili- tripled, the campus doubled in size and de- trade. The choice for Iran will be either to tary use over current systems in terms of gree offerings multiplied, including the estab- meet the demands of the international commu- weight, flexibility, and functionality. lishment of a new law school. Mr. Beardsley’s nity or risk diplomatic and economic isolation. Requesting Member: Rep. JO ANN EMERSON strong, pragmatic leadership has created a The risk of nuclear weapons proliferation Bill Number: H.R. 3326 thriving academic center with a promising fu- and its accompanied threat to regional stability Account: RDTE, A ture indeed. in the Middle East lends increased urgency to Requesting Entity: Missouri University of Prior to his service at Husson University, passing this legislation. I urge my colleagues Science and Technology Mr. Beardsley worked with the University of to support House Resolution 2194 and supply Address of Requesting Entity: 1870 Miner Vermont, Green Mountain Power Corp., Ban- the President with the tools he needs for Circle, Rolla, Missouri 65409 gor Hydro Electric Co., Alaska Pacific Univer- reaching a diplomatic solution with Iran. Description of Request: Provide an earmark sity, the state of Alaska and Bar Harbor Bank- f of $2,400,000 to complete a project to develop ing & Trust Co. Humble, down to earth, en- A PROCLAMATION HONORING high performance alloy materials and ad- gaging, eloquent and a visionary entrepreneur, ERICA RHEA FOR HER CERTIFI- vanced manufacturing of steel castings for Mr. Beardsley is a husband and father of three CATION BY THE NATIONAL new lightweight and robotic weapon systems. with a doctorate from Johns Hopkins Univer- BOARD FOR PROFESSIONAL This program would enhance defense compo- sity. TEACHING STANDARDS nent capabilities at a reduced cost. The pro- As the faculty and staff of Husson University gram would also augment war fighter capa- prepare to continue educating its students HON. ZACHARY T. SPACE bility by increasing the mobility and reliability without Mr. Beardsley, they are left in charge of weapons systems. of an academic institution dedicated to pro- OF OHIO Requesting Member: Rep. JO ANN EMERSON viding quality private education with tuition IN THE HOUSE OF REPRESENTATIVES Bill Number: H.R. 3326 costs comparable to many public universities. Wednesday, December 16, 2009 Account: RDTE, A The low tuition and high level of financial aid Mr. SPACE. Madam Speaker, Requesting Entity: Missouri University of at Husson University is one of Mr. Beardsley’s Whereas, Erica Rhea has been granted cer- Science and Technology most important legacies. tification by the National Board for Profes- Address of Requesting Entity: 1870 Miner Madam Speaker, please join me in honoring sional Teaching Standards; and Circle, Rolla, Missouri 65409 William H. Beardsley for his life of dedication Whereas, Erica Rhea has sufficiently dem- Description of Request: Provide an earmark and service to his community and the edu- onstrated adherence and dedication to the five of $4,800,000 to develop new, low-cost, sen- cation of Maine’s students.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.036 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3039 EARMARK DECLARATION Mr. Miller was an icon in the Dallas commu- sas broadcast journalism pioneer including; nity who created a real estate empire with The Arkansas Society of Professional Journal- HON. JOHN J. DUNCAN, JR. over 1,300 employees and 41 offices. After ist’s ‘‘Silver Microphone’’ Award for lifetime OF TENNESSEE joining the business his father founded, Miller achievement and the University of Arkansas steered Henry S. Miller Co. to success by pio- Department of Journalism’s ‘‘Ernie Deane IN THE HOUSE OF REPRESENTATIVES neering the concept of specialization of serv- Award’’ for his contribution to broadcast jour- Wednesday, December 16, 2009 ices. Essentially, Miller championed the idea nalism in the state. Mr. DUNCAN. Madam Speaker, consistent of creating specialists in commercial real es- Pitcock also served for a time as Congress- with House Republican Earmark Standards, I tate fields like industrial, retail, and multifamily. man Bill Alexander’s Field Director in Arkan- am submitting the following earmark disclo- By doing this, he created a real estate culture sas, worked with former Arkansas Attorney sure information for project requests that I that encouraged employees to be incredibly General MARK PRYOR and finished his career made and which were included within H.R. knowledgeable in specific areas, allowing the as an aide to United States Senator MARK 3326, the ‘‘Department of Defense Appropria- company to move forward quickly and effec- PRYOR. tions Act, FY2010.’’ tively in those fields. One of seven siblings, Jim Pitcock and all Requesting Member: Congressman JOHN Throughout his career and life, Mr. Miller three of his brothers worked in the broadcast DUNCAN was regarded as an honest and humble man, journalism field during their careers. Oldest Account: RDTE—Air Force and maintained these traits in an industry brother Bill Pitcock (deceased) served as Project Amount: $1,600,000 where it is easy to devolve into something evening news anchor for KOTV News in Okla- Legal Name of Requesting Entity: University much different. Known throughout the commu- homa City, Bob Gregory Pitcock worked as a of Tennessee, 328 Ferris Hall, 1508 Middle nity as a businessman of integrity and knowl- correspondent for CBS News Washington and Drive, Knoxville, Tennessee 37996 edge, he was a pioneer in the Dallas real es- youngest brother Jerry Pitcock worked at Description of Request: The funding will be tate industry and helped to develop it into the KATV in Little Rock and the Arkansas Edu- used for design, testing, and evaluation of sys- powerhouse that it is today. cational Television Network in Conway, Arkan- tems needed for the harvesting and storage of Madam Speaker, I ask my fellow colleagues sas. green energy. The need for the nation to de- to join me in honoring this great man who truly Jim has four grown children and six grand- sign, implement, and test systems and proc- was ahead of his time. children. esses capable of producing renewable energy f f at a large scale is vital for the U.S. military RECOGNIZING THE MANY YEARS and the Nation as a whole. A PROCLAMATION HONORING KIM- OF SERVICE OF JIM PITCOCK BERLY BRUGGER FOR HER CER- f TIFICATION BY THE NATIONAL A PROCLAMATION HONORING HON. JOHN BOOZMAN BOARD FOR PROFESSIONAL KELLY LAW FOR HER CERTIFI- OF ARKANSAS TEACHING STANDARDS CATION BY THE NATIONAL IN THE HOUSE OF REPRESENTATIVES BOARD FOR PROFESSIONAL Wednesday, December 16, 2009 HON. ZACHARY T. SPACE TEACHING STANDARDS Mr. BOOZMAN. Madam Speaker, I rise OF OHIO today to pay tribute to a fine Arkansan who, IN THE HOUSE OF REPRESENTATIVES HON. ZACHARY T. SPACE on December 11, 2009, ended a 51-year ca- Wednesday, December 16, 2009 OF OHIO reer in television, radio and politics. IN THE HOUSE OF REPRESENTATIVES Jim Pitcock’s career in Arkansas radio, tele- Mr. SPACE. Madam Speaker, Whereas, Kimberly Brugger has been grant- Wednesday, December 16, 2009 vision and politics began in his hometown of Fort Smith in 1958 as a part-time camera oped certification by the National Board for Pro- Mr. SPACE. Madam Speaker, erator at KFSA television. He would attend fessional Teaching Standards; and Whereas, Kelly Law has been granted cer- junior college during the day, then work at the Whereas, Kimberly Brugger has sufficiently tification by the National Board for Profes- television station during the evening news- demonstrated adherence and dedication to the sional Teaching Standards; and casts. five core propositions of teaching set by the Whereas, Kelly Law has sufficiently dem- A short time later he was offered a job at National Board for Professional Teaching onstrated adherence and dedication to the five KCCL Radio in Paris, Arkansas where he re- Standards; and core propositions of teaching set by the Na- ceived his first chance to do ‘‘on-air’’ work as Whereas, due to her hard work and dedica- tional Board for Professional Teaching Stand- a disc jockey. He traded in school for the job tion to her profession, Kimberly Brugger was ards; and and spent the next two years driving back and able to achieve this esteemed honor; and Whereas, due to her hard work and dedica- forth to Paris while continuing his work at the Whereas, we recognize the values and les- tion to her profession, Kelly Law was able to television station in the evening. sons teachers impart to our children; and achieve this esteemed honor; and In 1960, Jim began work as a full-time disc Whereas, the creative ingenuity that Kim- Whereas, we recognize the values and les- jockey at KFSA Radio in Fort Smith. berly Brugger has demonstrated while edu- sons teachers impart to our children; and In 1963, KAAY, the ‘‘Mighty 1090’’ in Little cating her students; now, therefore, be it Whereas, the creative ingenuity that Kelly Rock offered Pitcock a job in the Capitol City Resolved, that along with Ohio’s 18th Con- Law has demonstrated while educating her where he assumed the identity of ‘‘Ron gressional district, I congratulate Kimberly students; now, therefore, be it Owens—The Midnight Satellite.’’ Brugger for her certification by the National Resolved, that along with Ohio’s 18th Con- Almost a year to the day later, Jim Pitcock Board for Professional Teaching Standards. gressional District, I congratulate Kelly Law for was hired by KATV Television where he f her certification by the National Board for Pro- began a 32-year career as the station’s News fessional Teaching Standards. Director. At one point, Pitcock served as the EARMARK DECLARATION f longest-tenured news director in the country. He traveled from Moscow to Vietnam bringing HON. ROBERT B. ADERHOLT EXPRESSING CONDOLENCES AND Arkansans news in international significance OF ALABAMA CELEBRATING THE LIFE OF with a local perspective. Pitcock also oversaw IN THE HOUSE OF REPRESENTATIVES HENRY S. MILLER, JR. the station’s coverage of then-Governor Bill Wednesday, December 16, 2009 Clinton’s rise to the White House in 1991 HON. EDDIE BERNICE JOHNSON earning the station a Regional Emmy Award Mr. ADERHOLT. Madam Speaker, pursuant OF TEXAS from the National Academy of Television Arts to the Republican Leadership standards on IN THE HOUSE OF REPRESENTATIVES and Sciences. earmarks, I am submitting the following infor- During his tenure Pitcock won numerous mation regarding earmarks I received as part Wednesday, December 16, 2009 Associated Press Broadcaster’s Association of H.R. 3326—the Department of Defense Ap- Ms. EDDIE BERNICE JOHNSON of Texas. awards and led the station’s news department propriations Act, 2010. Madam Speaker, I rise today in honor of atop the ratings for more than a decade. Request as named in the report: Electrically Henry S. Miller, Jr. who passed away on Sat- Jim Pitcock has been honored with a num- Charged Mesh Defense Net Troop Protection urday, December 5, 2009. ber of other awards for his work as an Arkan- System

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Requesting Member: ADERHOLT Requesting Member: ADERHOLT live test nerve gas and radiological agents (in Bill Number: H.R. 3326—the Department of Bill Number: H.R. 3326—the Department of order to design the suit to withstand such an Defense Appropriations Act, 2010 Defense Appropriations Act, 2010 attack by a hostile nation). Present decon- Account or Provision: RDT&E—Army Account or Provision: RDT&E—Army tamination processes are labor intensive and Legal Name of Requesting Entity: Victory Legal Name of Requesting Entity: SUMMA require lengthy downtimes. Field-tested proto- Solutions, Inc. Technology, Inc. types of this fabric demonstrate cost-effective Address of Requesting Entity: 4900 Cor- Address of Requesting Entity: Chemical Biohazard protection for military per- porate Drive, Suite A, Huntsville, AL 35805. headquartered at 140 Sparkman Drive, Hunts- sonnel and civilian populations. Applications Description of Request: $7,500,000. The ville, AL 35805. The manufacturing facility is in could be military, for homeland security, or for funding would be used for ‘‘D–NET’’ a De- Cullman, Alabama. dangerous medical and rescue operations. fense Net Troop Protection System designed Description of Request: $3,000,000. The The spending plan is Personnel: $620,000; to intercept and negate the serious insurgent funding would be used for the MK1077 Flat- Materials: $80,000; Equipment: $120,000; and terrorist threat tactics employing Rocket rack. This is a revolutionary material handling travel: $25,000; Govt Agency partnerships: Propelled Grenades (RPG), mortars, and system that provides the Marines with expe- Oversight and testing work: DTRA/CBT: small rocket munitions encountered by U.S. dited logistical support while achieving signifi- $90,000; AFRL/Tyndall AFB: $250,000; USA Combat Forces. This product could help save cant manpower and equipment reductions. NSRDEC: $90,000; Preproduction, Live warfighters’ lives in hostile territories such as These racks and the containers they work with Afghanistan and Iraq through an innovative Agents Tests, $825,000 can be used to transport ammunition or other Request as named in the report: Scenario and low-cost system of defending vehicles supplies in and out of areas quickly, thus against enemy attacks by further testing and Generation for IAMD Evaluation (SGIE) greatly reducing the warfighter’s exposure to Requesting Member: ADERHOLT prototype development of a system which has danger. This is a continuation of a multi-year Bill Number: H.R. 3326—the Department of passed all tests so far and gotten favorable procurement program, and the recipient com- Defense Appropriations Act, 2010 government program manager review, and pany has a proven record of meeting the Account or Provision: RDT&E—Defense- which was developed with input from troops in strict, structural requirements for this item. The Army the field. The spending plan for this Phase II USMC has a requirement for 3,500 MK1077 Legal Name of Requesting Entity: QinetiQ of the program, to total $7,500,000, is: Proto- Flatrack units of which 1,000 units have been North America Systems Engineering Group type Production and Field Test & Evaluation Address of Requesting Entity: AMSRD– Program for integration and operational devel- acquired to date. $3,000,000 will provide ap- AMR–BA Bldg. 6263, Redstone Arsenal, AL opment. Further develop the D–Net tech- proximately 347 additional units, bringing the 35898 nology based on Phase I R&D Tests to a inventory up to 1,347. Description of Request: $4,200,000 for Sce- Technology Readiness Level (TRL) worthy of Request as named in the report: Waterside nario Generation for IAMD Evaluation (SGIE) deploying a limited quantity of ‘‘Field Proto- Wide Area Tactical Coverage and Homing in fiscal year 2010. The entity to receive fund- types’’ to Theatre for field and operations test Requesting Member: ADERHOLT Bill Number: H.R. 3326—the Department of ing for this project is QinetiQ North America and evaluation. FY2010 Task A: D–Net ‘‘Field Prototypes’’ Defense Appropriations Act, 2010 Systems Engineering Group, located at 890 ($3.5M). Deliver to Army Logistics: 100 ‘‘Field Account or Provision: RDT&E—Army Explorer Boulevard, Huntsville, AL 35806. The Prototypes’’ of the D–Net Static Troop Protec- Legal Name of Requesting Entity: Miltec funding would be used for 54 ground test tion System for Theatre Deployment on mili- Corporation cases identified in the IAMD TEMP and 7 tary asset vehicle for field testing (Procure- Address of Requesting Entity: Miltec Cor- flight test cases derived from ground test ma- ment of Prototypes delivered to Military. De- poration, located at 21232 Hwy 431, trix. A scenario for each test case is required velop, Build, Assemble, Kit Packaging within Guntersville, AL 35976 to capture the design specification as it is in- military requirements like HAZMAT etc, Deliver Description of Request: $4,000,000. The tended to perform in a battlefield situation. and Ship to War Zone to fill purchase for Field funding would be used for development and Taxpayer Justification: This program will con- Test Program) ($3.5M, or $35K/unit). integration of systems for the final test and tribute to the work of establishing an Inte- Task B: Field Test Program, data collection demonstration of the WaterWATCH affordable grated Air & Missile Defense System protect and refinement ($1.075M). Send science and underwater monitoring capability. Most water- against air breathing missile and cruise missile engineering teams to Theatre for collection of front facilities are unprotected due to cost con- threats. This work will provide a network cen- field data from Field Prototypes deployed siderations. Finalization of this product would tric system to integrate a mix of sensors and (Data collection material $125K, OCONUS make available a security system which instal- shooters through a common IAMD battle com- Labor $425K), interact with operating commu- lations at military bases and other critical infra- mand system. nity for feedback, return to lab and refine the structure locations (such as nuclear power Request as named in the report: En- technology for better performance and utility plants near waterways) could afford. hanced—Rapid Tactical Integration for Field- (Re-engineer labor $225K). Requires WaterWATCH integrates many currently avail- ing of Systems Initiative (E–RTIFS) OCONUS travel ($300K). able components through the development of Requesting Member: ADERHOLT Task C: Threat Characterization ($350K). new software and the testing of these sys- Bill Number: H.R. 3326—the Department of Analyze and Perform trade Studies on Threat tems. Approximately $60,000 would be need- Defense Appropriations Act, 2010 variants commonly engaged in Theatre sce- ed for travel, approximately $150,000 for hard- Account or Provision: RDT&E—Defense- narios. Engineering and analysis labor ware, and the rest for labor (software develop- Army ($350K). ment and testing). Legal Name of Requesting Entity: Task D: Net Optimization & Continued R&D Request as named in the report: Protective PeopleTec, Inc. ($1.3M); Range Test Net Materials ($250K); Self-Decontaminating Surfaces Address of Requesting Entity: 4901–D Cor- Government Provided Range Test Facilities & Requesting Member: ADERHOLT porate Drive, Huntsville, AL 35805 Government Provided Threats for Tests Bill Number: H.R. 3326—the Department of Description of Request: $3,900,000 for En- ($500K); Parametric Studies/ Validation Labor/ Defense Appropriations Act, 2010 hanced Rapid Tactical Integration for Fielding Salaries Engineering ($250K) and Manufac- Account or Provision: RDT&E—Defense- of Systems (ERTIFS) in fiscal year 2010. The turing labor ($250K), Travel ($50K). Wide entity to receive funding for this project is Task E: Continue Launcher Development Legal Name of Requesting Entity: Ventana PeopleTec, Doug Scalf, Linda Maynor, located ($870K). Ground and Aerial Launcher Design Research Corp. (VRC) & Kappler, Inc., and at PeopleTec, Inc. 4901–D Corporate Drive, and Development R&D and Fabrication Mate- Kappler, Inc. Huntsville, AL 35805. The funding would be rial ($320K); Testing ($150K); Labor for Engi- Address of Requesting Entity: VRC at 2702 used to support early SoS testing to ensure neering, Integration and Manufacturing for South 4th Avenue, South Tucson, AZ 85713– that interoperability issues are corrected be- Platform Depot Requirements ($400K). 4816; and Kappler at 115 Grimes Drive, fore software is released for formal AIC test- Task F: Integration to Systems & Platforms Guntersville, AL 35976–9364 ing. The ABCS–BA will leverage and evolve ($405K). Design and Integration Trade Stud- Description of Request: $2,000,000. The ERTIFS to support four types of required Inter- ies, COTS Sensor Integration Analysis and funding would be used for Prototype field vali- operability Tests: (1) Individual System, (2) Labor ($250K); Material ($75K), Travel to Plat- dation tests of VRC-Kappler Chemical Bio- System of Systems (e.g. Software Blocking), form Project Offices ($80K). hazard Protective systems, lab tests of bac- (3) Backwards Compatibility—Interoperability Request as named in the report: Marine terial infections, diseases and contaminated and (4) Regression Testing. Taxpayer Jus- Corps MK 1077 Flatracks human remains pouches (CHRPs); to field and tification: The early identification of these

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.033 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3041 issues will limit cost and schedule overruns on nologies Inc., located at 4801 University Request as named in the report: Extremely Aviation/Missile Systems prior to expensive Square, Suite 31, Huntsville, AL 35816–1815. Large, Domestic Expendable and Reusable hardware tests. The funding would be used to provide the Structures (ELDERS) Request as named in the report: Swarms hardware-in-the-loop test capability designed Requesting Member: ADERHOLT Defense Systems to address the need to define performance re- Bill Number: H.R. 3326—the Department of Requesting Member: ADERHOLT quirements, evaluate and execute Operation- Defense Appropriations Act, 2010 Bill Number: H.R. 3326—the Department of ally Responsive Space programs thus ensur- Account or Provision: Dpa Defense Produc- Defense Appropriations Act, 2010 ing the warfighter’s continued access to tion Act Purchases Account or Provision: RDT&E—Defense- space. Taxpayer Justification: Army Respon- Legal Name of Requesting Entity: ATK Army sive Tactical Space System Exerciser Aerospace Structures Legal Name of Requesting Entity: Southeast (ARTSSE) provides technologies critical to Address of Requesting Entity: 751 County Systems Technology maintaining access to space. ARTSSE sup- Road 989, Building 1000, Iuka, MS 38852 Description of Request: $9,800,000 For Cur- Address of Requesting Entity: 4090 South ports an unfunded Army need to provide a re- rent domestic large-scale, composites produc- Memorial Parkway M/S 3427B, Huntsville, AL sponsive surge for space based communication capacity is constrained by processing limi- 35802 tion, surveillance, and reconnaissance, espe- tations associated with the large diameter of Description of Request: $3,000,000 funding cially when a change in circumstances brought the items being manufactured. At the same for SWARMS DEFENSE SYSTEMS in fiscal about by foreign-owned assets requires a re- time, the Air Force is making future plans to year 2010. The entity to receive funding for sponse from the U.S. systems within hours or utilize structures with diameters in excess of this project is Computer Science Corporation, a few days in order to maintain protection of nine meters. The current domestic industrial located at 4090 S. Memorial Parkway M/S U.S. personnel and assets. production capacity does not support this 3427B, Huntsville, Alabama 35801. The fund- Request as named in the report: Autono- scale of extremely large composite launch ing would be used to close the gap between mous Cargo Acquisition for Rotorcraft Un- manned Aerial Vehicles structures. The ELDERS Title III program was current and future Air Defense Systems deal- initiated in FY2009 with $8.0 million to scale- ing with enemy mortars, rockets, UAV’s, and Requesting Member: ADERHOLT Bill Number: H.R. 3326—the Department of up domestic composites manufacturing and cruise missiles. Future threats exceed all re- processing capacity and support facilities to quirements of current system and future AD Defense Appropriations Act, 2010 Account or Provision: RDT&E—Defense- meet this critical emerging need in military plans. Taxpayer Justification: Swarms Defense space access. The three-phase program in- is designed to protect soldiers and critical as- Army Legal Name of Requesting Entity: Advanced cludes evaluation, modification and qualifica- sets against enemy fire, especially high vol- Optical Systems, Inc. tion of current automated production equip- ume small munitions such as mortars, rockets, Address of Requesting Entity: 6767 Old ment and facilities, and the acquisition of nec- UAV’s, cruise missiles, developing the critical Madison Pike, Suite 410, Huntsville, AL 35806 essary industrial capacity and processing ca- technologies required to close the gap in cur- Description of Request: $1,600,000 for Au- pabilities. In general, Title III activities serve to rent asset protection plans. tonomous Cargo Acquisition for Rotorcraft Un- lower defense acquisition and life-cycle costs Request as named in the report: Tactical manned Aerial Vehicles in fiscal year 2010. and to increase defense system readiness and UAV, Heavy Fuel Engine The entity to receive funding for this project is performance through the use of higher quality, Requesting Member: ADERHOLT Advanced Optical Systems, Inc., located at lower cost, and technologically superior mate- Bill Number: H.R. 3326—the Department of 6767 Old Madison Pike, Suite 410, Huntsville, rials and technologies. The ELDERS Program Defense Appropriations Act, 2010 Alabama 35805. The funding would be used will increase the capacity for increasingly larg- Account or Provision: RDT&E—Defense- to demonstrate fully unmanned cargo pickup er composite structures, including develop- Army and delivery under operational conditions. The ment and acquisition of higher performing Legal Name of Requesting Entity: Science work will leverage current developments for composite processing equipment. and Engineering Services manned systems, and will cooperate with Request as named in the report: Adaptive Address of Requesting Entity: 4015 Pulaski TRADOC and logistics personnel at Ft. Rucker Robotics Technology for Space, Air and Mis- Pike, NW., Huntsville, AL 35810 and Ft. Lee. Taxpayer Justification: The Army siles [ART–SAM] Description of Request: $2,000,000 for the needs to leverage rotorcraft unmanned aerial Requesting Member: ADERHOLT Tactical UAV, Heavy Fuel Engine in fiscal year systems to provide unmanned pickup and de- Bill Number: H.R. 3326—the Department of 2010. The entity to receive funding for this livery for logistics supply and weapons place- Defense Appropriations Act, 2010 project is Science and Engineering Services, ment. Unmanned cargo operations would re- Account or Provision: RDT&E—Defense- Inc., located at 4015 Pulaski Pike, Huntsville, duce both aircrew losses and costs. Army AL 35810. The funding would be used for de- Request as named in the report: On-Board Legal Name of Requesting Entity: Calhoun velopment of lightweight military fuel engine Vehicle Power (OBVP) Community College for UAVs. Scope includes building engines to Requesting Member: ADERHOLT Address of Requesting Entity: 6250 Hwy. 31 perform platform integration and flight test for Bill Number: H.R. 3326—the Department of North Decatur Campus, Tanner, AL 35671 use in a military environment. Funding sup- Defense Appropriations Act, 2010 Description of Request: $4,200,000 for ports design and implementation of the proc- Account or Provision: RDT&E—Defense- Adaptive Robotics Technology for Space, Air ess to military standards. Taxpayer Justifica- Army and Missiles [ART–SAM] in fiscal year 2010. tion: Shadow UAS is ideal for providing direct Legal Name of Requesting Entity: DRS The entity to receive funding for this project is information to commanders increasing aware- Training and Energy Management Calhoun Community College, located at 6250 ness. Heavy fuel technology allows an engine Address of Requesting Entity: 110 Wynn U.S. Highway 31 North, Tanner, AL 35671. to burn any fuel, diesel, JP5, JP8, gasoline, Drive, Huntsville, AL 35805 The funding would be used for a joint venture producing low emission, can be economically Description of Request: $3,100,000 for On- with leadership from the U.S. Army Space and manufactured, and maintained Board Vehicle Power (OBVP) in fiscal year Missile Defense Command (SMDC) and Ala- Request as named in the report: Army Re- 2010. The entity to receive funding for this bama Industrial Development Training (AIDT), sponsive Tactical Space System Exerciser project is DRS Training and Energy Manage- and will establish national robotics research (ARTSSE) ment, located at 110 Wynn Drive, Huntsville, and development capability at Calhoun Com- Requesting Member: ADERHOLT AL 35805. The funding would be used for munity College to leverage government, indus- Bill Number: H.R. 3326—the Department of OBVP provides electric power for vehicles and try, and academia partnerships and their re- Defense Appropriations Act, 2010 mission electronics. OBVP fits the space in- spective investments. Additionally, funds will Account or Provision: RDT&E—Defense- side the bell housing of vehicle transmissions. be used to procure instrumentation, compo- Army The system is capable of producing 30–70 nents and test fixtures to provide a hands-on Legal Name of Requesting Entity: J2 Tech- kW. Increased power is needed for IED detec- laboratory for experiments and process testing nologies Inc. tion and weapon systems. Taxpayer Justifica- in an unmanned environment. Taxpayer Jus- Address of Requesting Entity: 4801 Univer- tion: Growth in energy requirements on the tification: The ART–SAM project, once oper- sity Square, Suite 31, Huntsville, AL 35816 battlefield has created a critical need to accel- ational, will develop robotics technologies, sys- Description of Request: $3,000,000 for Army erate this program to production readiness. tems and products for a variety of SMDC Responsive Tactical Space System Exerciser The system can deliver mobile/exportable projects, programs, and core mission needs. It (ARTSSE) in fiscal year 2010. The entity to re- electric power from the vehicle engine for will serve as an economic development cata- ceive funding for this project is J2 Tech- electric power gap requirements. lyst for robotic research and development,

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.033 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3042 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 training, operations and manufacturing. It will Research Office, for coordination & ITAR, ex- complex geometries necessary to realize the also support workforce development initiatives port/import matters & permits. true weight savings available. This results in throughout the state. The requested FY10 program under JPM– pressure at the design stage to reduce the Request as named in the report: Protective CBD’s leadership addresses: (1) Perform complexity of parts so they are more fabrica- Self-Decontaminating Surfaces ATDs on VRC Decon Dye coatings to add tion friendly. If the designer holds firm on the Requesting Member: ADERHOLT nerve gas & radiological agent (disposable part complexity, automated fabrication tech- Bill Number: H.R. 3326—the Department of garments & coatings) protection; (2) Conduct niques are often ruled out due to the chal- Defense Appropriations Act, 2010 operational validity tests (ACD&P) of lenges of forming complex geometries with Account or Provision: RDT&E—DW preselected Light-Activated CBNR Protective these processes. The end result is added Legal Name of Requesting Entity: Ventana systems; (3) Continue pre-production of pro- weight and cost to the structure. Stretch Bro- Research Corp. (VRC) tection systems at Kappler & Ventana for sev- ken Carbon Fiber (SBCF) technology affords Address of Requesting Entity: 139 Barnes eral ACD&Ps of representative JLIST mate- more weight reduction opportunities than any Drive, Suite 2, Tyndall AFB, FL rials, components & suits & upgrade facilities other solution under evaluation by the DoD. Description of Request: $1,600,000 for to full production status. SBCF product forms offer a pseudo plasticity ACD&P project of self-decontaminating sur- Request as named in the report: Remote akin to metals that makes the forming of com- faces for long-lasting personnel (e.g. clothing) Monitoring and Troubleshooting (RMAT) plex geometries much easier. These products & shelter (e.g. hospitals) protection from Project can be used in all of the automated composite Chem/Bio (& nerve gas) attacks. Light-acti- Requesting Member: ADERHOLT processes currently being used by fabricators vated decontaminating material produces Bill Number: H.R. 3326—the Department of including fiber and tape placement and engi- singlet oxygen, a mild oxidant, to destroy CB Defense Appropriations Act, 2010 neered textile approaches for fabricating net agents. Demonstrated the material traps & Account or Provision: OP.N shape preforms used in resin infusion proc- stores excess singlet oxygen during periods of Legal Name of Requesting Entity: Intergraph esses. The focus of this program will be two- sun & artificial light. Stored singlet oxygen is Address of Requesting Entity: 170 Graphics fold. First, funding will be allocated to various released to provide indoor & outdoor protec- Drive, Madison, AL 35758 composite part fabricators to develop robust tion of 8+ hours during no light & dark periods. Description of Request: $2,320,000 for processes to mold full size prototype parts Further, no protection loss demonstrated in in- RMAT will integrate with shipboard local con- with SBCF product forms. Second, funding will tense Arizona sunlight 39+ hours during 100+ trol and monitoring systems by networking be allocated to generate a Mil-HdBk-17 ap- degrees days. Completed FY07 Individual Pro- them together and providing secure shore- proved database. Both tasks are necessary to tection (IP) ATD milestones. Started FY08 IP based remote monitoring of those systems in take this technology into production. ACD&P phase & initiated nerve gas protection real time. Through the use of sensors, net- Request as named in the report: Coopera- ATD for ACD&P in FY10 and will continue works, and software-based controllers, RMAT tive International Neuromuscular Research ACD&P effort in FY09. Technology: Sun or ar- will provide the means for monitoring and trou- Group tificial light activates the decontaminating ma- bleshooting various shipboard systems that Requesting Member: ADERHOLT terial to produce singlet oxygen, a mild, short- are vital to ship operations, and allow engi- Bill Number: H.R. 3326—the Department of lived oxidant that effectively destroys chem- neers from various shore-based locations to Defense Appropriations Act, 2010 ical/nerve & biological agents. This long-last- collaborate in a real-time secure environment. Account or Provision: RDT&E—Defense- ing & durable capability for around-the-clock RMAT will enable faster response times and Army protection using sun or artificial light is the mitigation of damage caused by engineering Legal Name of Requesting Entity: Children’s heart of the invention. Our FY10 request is casualties, blast, fire, flooding, and equipment National Medical Center prompted by the need for including nerve gas malfunction. Implementation of RMAT will in- Address of Requesting Entity: 111 Michigan and nuclear decontamination capability. This crease the level of sensor data fusion, situa- Avenue, NW., Washington, DC 20010 will involve added-on tasks to the program in tional awareness, and survivability of the ship, Description of Request: $3,280,000 for terms additional test and evaluation efforts. as well as its ability to successfully complete funds will be used for ongoing research and Nerve gas protection effort will address chem- its mission. The change from analog systems testing using molecular patches, to see if the istry efforts and tests, nuclear protection dis- and manual data collection will save thou- same improvements experienced by dogs in posable, absorbent materials. sands of man-hours every year. Without fund- clinical trials can be extended to humans with Progress: (1) Mustard gas stimulant treated ing for this effort, a need will exist to continue muscle damage. The funds will be used for fabric tests demonstrated self-decontamination maintenance of obsolete hardware-based con- ongoing research and testing using molecular capability after exposure of 39 days to the in- trol panels and large redundant watch-stand- patches, to see if the same improvements ex- tense AZ summer sun; (2) Kappler Provent ing and damage control repair parties that rely perienced by dogs in clinical trials can be ex- fabric treated with VRC Decon Dye Coating on slow, outdated, and error producing control tended to humans with muscle damage. This demonstrated standard industrial practice can systems and information management tech- research benefits both warfighters (in terms of be used for first-article production of garments niques. combating the effects of biological warfare at- for breathability, field laundering, & durability Request as named in the report: tacks), and also potentially the civilian popu- testing; (3) VRC Decon Dye Coating showed Transitioning Stretch Broken Carbon Fiber to lation who suffer from similar muscle tissue no adverse effect upon Provent fabric’s Production Programs deterioration. breathability, an essential Joint Service Light- Requesting Member: ADERHOLT f weight Integrated Suit Technology (JSLIST) Bill Number: H.R. 3326—the Department of Ensemble requirement; (4) Airtight seam- Defense Appropriations Act, 2010 PRINCIPIA COLLEGE SOLAR CAR bonding process demonstrated with Provent Account or Provision: RDT&E—Defense- Fabric dyed with VRC Dye Coating enables Army HON. JOHN SHIMKUS standard protective suit manufacturing proce- Legal Name of Requesting Entity: Hexcel OF ILLINOIS dures eliminating protective coating application Corporation IN THE HOUSE OF REPRESENTATIVES after suit completion, a more costly approach; Address of Requesting Entity: 3300 Mallard (5) NMR & UV-Visible Spectroscopy showed Fox Drive, Decatur, AL 35609 Wednesday, December 16, 2009 Ventana Decon Dye Coating efficiently traps Description of Request: $3,200,000 for com- Mr. SHIMKUS. Madam Speaker, I rise today visible light-generated singlet oxygen in re- posite structure on existing military aircraft has to honor the achievements of the Principia peated release & oxidation a mustard gas & saved weight and reduced O&M costs. How- College Solar Team at this year’s Global VX stimulant to decontaminated product in ever, a solution to the high cost and unreal- Green Solar Challenge. darkness; (6) UV-Visible Spectroscopy dem- ized weight benefits of these structures is Thirty-two teams from around the world trav- onstrated to be a more cost-effective QA tool badly needed. Studies done in conjunction eled to Darwin, Australia for a 3000 kilometer than conventional NMR inspection; (7) Live with the major aircraft manufacturers show race across the Australian outback in solar tests will be performed at the Defense Science that while composite material properties pre- powered cars. Only nine teams were able to & Technology Laboratory (distl), Proton Down, dict a weight savings of about 50% is achiev- finish the grueling challenge, included among UK, during the week of April 27, 2009, addi- able, only about 10–20% is being realized in them was this outstanding group from Elsah, tional tests are planned for 2Q09 & 3Q09. today’s designs. The problem is that the com- Illinois. Principia’s Ra7 finished seventh in the Samples have been provided to Dr. Stephen posite materials that are currently available in world in this year’s race and third among Lee, Chief Scientist, Ofc. Director U.S. Army the marketplace cannot be formed into the American entries.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.033 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3043 While other teams spent millions from cor- ranked Continental the No. 1 airline on their James and the men and women of Shiloh Mis- porate sponsorships, the Principia team spent annual airline industry list of ‘‘Most Admired sionary Baptist Church on celebrating one less than $180,000. The winner, Tokai Univer- Global Companies’’ for the 6th consecutive hundred years of good works, to thank them sity of Japan, was sponsored by Sharp Elec- year. Continental Airlines also employs 41,000 for all they do for our community and to wish tronics, a leader in solar engineering. This system-wide and nearly 12,000 in Houston, them another hundred years of success. year’s runner-up was sponsored by the Euro- Texas. pean Space Agency. When the race was over, Prior to joining Continental, Mr. Kellner was f Principia earned the Safety Award from race executive vice president and chief financial of- officials, their fourth overall and first in inter- ficer of American Savings Bank, owned by FREEDOM CAPTIVATES THE national competition. The Robert M. Bass Group. Prior to that, he HUMAN SPIRIT I want to congratulate John Broere (Director was executive vice president and chief finan- of Engineering Science), Joe Ritter (Assistant cial officer of The Koll Company, a private real HON. FRANK R. WOLF estate investment and construction firm. Dean of Academics) and the members of the OF VIRGINIA Principia College Solar Team on their out- Kellner graduated magna cum laude with a IN THE HOUSE OF REPRESENTATIVES standing achievement. Their efforts have done bachelor of science in business administration much in accelerating this exciting field of sci- from the University of South Carolina, where Wednesday, December 16, 2009 entific exploration. he served as Student Body President. In addi- Mr. WOLF. Madam Speaker, last week I tion, the University of South Carolina pre- f spoke at a moving exhibit at the Heritage sented him with the Distinguished Alumni Foundation which featured a collection of 50 IN RECOGNITION OF DOROTHY Award in 1998. paintings by Ukrainian artist and gulag sur- BRYANT Mr. Kellner is active in numerous community vivor Nikolai Getman. and civic organizations. He currently serves on HON. IKE SKELTON the board of directors for Marriott International Mr. Getman spent eight years in a Siberian gulag. Following his harrowing experience he OF MISSOURI and the Air Transport Association. On the civic secretly undertook to chronicle his time in the IN THE HOUSE OF REPRESENTATIVES front, he is a member of the board of directors for the Methodist Hospital, YMCA of Greater Soviet forced labor system because he said Wednesday, December 16, 2009 Houston, the Greater Houston Partnership, the he was ‘‘convinced that it was my duty to Mr. SKELTON. Madam Speaker, let me Spring Branch Education Foundation, and leave behind a testimony to the fate of the mil- take this means to recognize Dorothy Bryant Central Houston, Inc., and is a member of the lions of prisoners who died and who should from my hometown of Lexington, Missouri. Boy Scouts of America National Executive not be forgotten.’’ Mrs. Bryant will be retiring at the end of this Board. Mr. Kellner also serves on the advisory These 50 paintings are the fruit of 40 years year after thirty years of dedicated service to boards of the March of Dimes and Teach for of work on the part of Nikolai. They are a pow- the Lafayette County Sheriffs Department. America, and is on the development board of erful testimony of one’s man’s triumph over to- Mrs. Bryant began working for the Sheriffs the University of Texas Health Science Center talitarianism. They ought not be relegated to Department on January 21, 1980, and since at Houston. He resides in Houston with his the annals of history. While the Soviet Union then has worked for five different Sheriffs of wife, Susan, and their four children. no longer exists, those who seek to suppress Lafayette County. She has worked for the cur- After more than 14 years at Continental Air- freedom, be they in North Korea, China or rent Sheriff, Kerrick Alumbaugh, for nine of her lines and 5 years as its CEO, Mr. Kellner will Egypt, are still with us. thirty years. A loyal and dedicated employee, leave the company at the end of 2009 and will I submit my remarks from the Heritage Mrs. Bryant has worked tirelessly to serve the head Emerald Creek Group, LLC, a new pri- Foundation event: residents of Lafayette County. vate investment firm based in Houston. ‘‘Experience and the record had convinced Madam Speaker, Dorothy Bryant has helped Congratulations to Larry Kellner for his me that communism is a form of totali- keep the people of Lafayette County safe for many achievements throughout his career at tarianism, that its triumph means slavery to the past three decades. I trust that my fellow Continental Airlines and the best of luck in his men wherever they fall under its sway, and members of the House will join me in wishing future endeavors. spiritual night to the human mind and soul.’’ her the very best in her well-earned retire- f These words were spoken by famed Com- ment. munist party member, Soviet spy and ultimate f SHILOH MISSIONARY BAPTIST defector, Whitaker Chambers. CHURCH 100TH ANNIVERSARY HONORING LARRY KELLNER, In testimony before the House Unamerican CHAIRMAN AND CHIEF EXECU- HON. JOHN SHIMKUS Activities Committee, Chambers said that in TIVE OFFICER OF CONTINENTAL spite of what he knew to be true of com- OF ILLINOIS AIRLINES INC. munism, he believed he was ‘‘leaving the win- IN THE HOUSE OF REPRESENTATIVES ning side for the losing side’’ but that was Wednesday, December 16, 2009 ‘‘better to die on the losing side than to live HON. JOHN ABNEY CULBERSON under communism.’’ Mr. SHIMKUS. Madam Speaker, I rise today OF TEXAS Of course we know that Chambers’ fear to honor Shiloh Missionary Baptist Church of IN THE HOUSE OF REPRESENTATIVES proved to be untrue. That communism, as Mount Vernon, Illinois for reaching the centen- Ronald Reagan predicted, was destined for Wednesday, December 16, 2009 nial milestone. Mr. CULBERSON. Madam Speaker, I rise Shiloh Missionary Baptist Church opened in the ‘‘ash heap of history.’’ That the gulags of today to honor Larry Kellner, chairman and 1909 on Vaught Avenue in Mount Vernon and that era, depicted before us tonight, were des- chief executive officer of Continental Airlines held services at the location throughout tined to be relics of the past. Inc, the world’s 5th largest airline. In May 1960’s. After being sold, the congregation was Ronald Reagan modeled how to confront re- 2001, Larry Kellner was elected president of unable to find a new location. Being unwilling pressive regimes like the Soviet Union. He the airline and to the Board of Directors, and to dissolve their tight-knit congregation, the spoke truth to power. He boldly pressed the in March 2003, he was named president and Shiloh Missionary Baptist family held services Soviets to respect the fundamental human chief operating officer. In December 2004, Mr. at a member’s home for years before acquir- rights of their own people. He raised the cases Kellner became chairman and chief executive ing property on Conger Avenue in Mount of dissidents by name. officer, where he has promoted international Vernon. He did this because of a fundamental belief growth at Continental Airlines and has fos- In spite of adversity, including a disastrous that the US. constitution was a ‘‘covenant we tered the company’s unique culture, putting fire in 1999, Shiloh Missionary Baptist Church have made not only with ourselves, but with emphasis on strong internal communication has held true to its mission in the community all of mankind’’ and giving employees the tools to provide out- and has become a part of Mount Vernon. Its Reagan once said, ‘‘Coersion, after all, standing customer service. congregation continues its outreach ministry to merely captures man. Freedom captivates Throughout Mr. Kellner’s 14-year career at troubled youths and many others in the com- him.’’ Continental, the company has won more munity. Indeed freedom captivates the human spirit awards for customer satisfaction than any I want to join with the members of this and ultimately triumphs over tyranny whatever other airline. In 2009, FORTUNE magazine House in congratulating Reverend Lawrence form it takes.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0626 Sfmt 0634 E:\CR\FM\K16DE8.034 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3044 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 RECOGNIZING WINIFRED ‘‘WINN’’ Post 2055 began in a renovated church in Act funds that have been invested wisely. The BUNDY 1934 and was followed a year later by the ‘‘Talking Water Gardens’’ is a high-priority chartering of the local VFW Ladies Auxiliary. wastewater treatment project in Albany and HON. GABRIELLE GIFFORDS The post has grown from its original member- Millersburg, Oregon that received Recovery OF ARIZONA ship of 56 to a high of more than 600 mem- Act funds from the Clean Water State Revolv- IN THE HOUSE OF REPRESENTATIVES bers. ing Loan Fund. Those funds will be used to The men and women of the Centralia VFW Wednesday, December 16, 2009 construct 39 acres of treatment wetlands and post have continued to serve their community reuse the treated water to improve riparian Ms. GIFFORDS. Madam Speaker, I rise and our nation long after their terms of active habitat. Unfortunately, a report by two mem- today to recognize Winifred ‘‘Winn’’ Bundy, duty military service have ended. Post 2055 bers of the Senate entitled, ‘‘Stimulus Check- who has been named a 2009 Arizona members assemble and send care packages up: A closer look at 100 projects funded by Culturekeeper for her commitment and dedica- to service men and women in Iraq and Af- the American Recovery and Reinvestment tion to upholding the traditions, rituals and cul- ghanistan. Act,’’ inaccurately and unfairly criticized this ture of my State. Members of VFW Post 2055 are dedicated project. Had the two Senators who authored For thirty-five years, Winn has operated the to serving their community. They regularly vol- the report called these two Oregon cities to in- Singing Wind Bookshop near Benson, Ari- unteer at the local Veterans Administration quire about the project they would have zona. Time magazine called Singing Wind hospital, teach firearms safety courses and learned that the Talking Water Gardens is a ‘‘one of the warmest bookshops on Earth’’ and participate in cancer research fundraisers. shining example of how Recovery Act funds a national travel writer said it was ‘‘the most I would like to thank the men and women of can be used to improve our aging infrastruc- unique book-buying experience of my life.’’ VFW Post 2055 in Centralia, Illinois, for their ture, mitigate environmental damage, and cre- Winn did not start out planning to run a service to our nation, their continued support ate good-paying jobs. The project also illus- book store. In 1956, she earned a degree in of America’s soldiers and their dedication to trates how a successful public-private partner- history and English from the University of Ari- their community. ship can work. I respectfully submit this letter zona. That year she and her husband bought f from the City of Albany, which further explains the Singing Wind, a working cattle ranch. the inaccuracies in the ‘‘Stimulus Checkup’’ re- Winn’s love of literature led her to start sell- TO COMMERMORATE THE ESTAB- port on this important project. ing books from the living room of her ranch LISHMENT OF THE NORTH home. Winn soon developed a reputation for AMERICAN HEADQUARTERS OF CITY OF ALBANY, Albany, OR, December 14, 2009. featuring a rich selection of regional authors NUMONYX Hon. PETER DEFAZIO, and topics that draw readers from around the Rayburn House Office Building, world. Since then, Winn’s ranch house has be- HON. DANIEL E. LUNGREN Washington, DC. come a must-visit destination for lovers of OF CALIFORNIA DEAR CONGRESSMAN DEFAZIO: On December Southwestern literature who come from far IN THE HOUSE OF REPRESENTATIVES 10, 2009, we learned that Senator John and wide by car and tour bus. Winn now has Wednesday, December 16, 2009 McCain and Senator Tom Coburn named ‘‘Talking Water Gardens,’’ our wastewater 150,000 titles in stock on everything from In- Mr. DANIEL E. LUNGREN of California. dian rock art to ghost towns to the Jewish treatment and water reuse project, in a re- Madam Speaker, tomorrow in my district—in port that questions the validity of 100 Western experience. Folsom, California—Numonyx will establish its projects funded by the American Recovery Since 1974, Winn has helped hundreds of North American headquarters. Numonyx is a and Reinvestment Act. This project is an im- Southwestern writers get their start. She spe- leading semiconductor technology firm that portant, necessary, and high-priority waste- cializes in small press books that do not ap- specializes in memory products. water treatment project for the State of Or- pear in big chain stores and connects authors Approximately 450 members of the egon that received funding through the State with publishers to get their works in print. Numonyx global workforce will be located in Clean Water Revolving Loan Fund program. Winn also cultivates the love of literature nearly 100,000 square feet of building space This project provides sustainable benefits for the community, the economy, and the envi- and the humanities through the many commu- on its new campus. The campus will house nity activities she sponsors. From its inception, ronment. We offer this letter in rebuttal to product research and development, business the ‘‘Stimulus Checkup’’ report dated De- Singing Wind has offered a bookmobile, management, testing labs, validation labs, cember 2009. school programs, book discussions, author sales, marketing, and more. No one from Senator McCain or Senator readings and writers’ festivals. Folsom was chosen as the new home for Coburn’s offices have ever contacted the City Earlier this year, Winn received the Juliana Numonyx due to its business-friendly environ- of Albany or the City of Millersburg regard- Yoder Friend of the Humanities Award from ment, highly skilled and educated workforce ing the project. The information sources ref- the Arizona Humanities Council. On December as well as being a family-oriented community. erenced in the report were never verified with us for accuracy. It appears that our 20, 2009 she will be named an Arizona Numonyx will play an important role in the on- Culturekeeper, an award presented by the project was singled out simply because of the going growth of the workforce, economy and whimsical name, ‘‘Talking Water Gardens.’’ Westin Kierland Resort & Spa, in conjunction technical skill within the greater Sacramento The project will construct roughly 39 acres with the Sharlot Hall Museum, the Arizona region. of treatment wetlands and reuse the water to Historical Society and Marshall Trimble, Arizo- Beyond the obvious business, employment, improve the riparian habitat on land that is na’s official state historian. and economic benefits, Numonyx’s impact the blighted site of two defunct lumber mills I am proud of the work that Winn has done reaches the community at large with adjacent to the old oxbow of the Willamette to preserve Arizona’s culture and to bring lit- ‘‘Numonyx in Your Neighborhood’’ campaigns. River. This land has significant elevation erature to a wide audience. She is truly a de- These campaigns assist in meeting the needs differences, so the treated wastewater from the Albany-Millersburg Water Reclamation serving recipient of the Culturekeeper Award of individuals and charitable organizations and I join with the award committee in com- Facility and the ATI Wah Chang treatment within the Sacramento region. facility will enter the project at elevations mending her for all that she has done for the I am pleased that this leading-edge and above the wetlands, creating several water- people of Arizona and for readers across the high impact company has chosen California’s falls that will aerate the water. Waterfalls country and around the world. 3rd district as its home. are often referred to as ‘‘talking waters’’ and f f the name was chosen with children and the Native American Kalapuya/Willamette River VFW POST 2055 75TH ANNIVERSARY THE TALKING WATER GARDENS heritage in mind. PROJECT IN OREGON IS AN EX- The conclusions of the McCain-Coburn re- HON. JOHN SHIMKUS CELLENT USE OF RECOVERY port are inaccurate and misleading: (1) The report states that a non-competi- OF ILLINOIS ACT FUNDS tive contract was issued for the construc- IN THE HOUSE OF REPRESENTATIVES tion. This is false. In accordance with the Or- Wednesday, December 16, 2009 HON. PETER A. DeFAZIO egon Revised Statutes, the cities employed a OF OREGON construction manager/general contractor Mr. SHIMKUS. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES (CM/GC) procurement method that is allowed to honor the men and women of the Veterans Wednesday, December 16, 2009 and, in fact, encouraged by the State to of Foreign Wars Post 2055 in Centralia, Illi- lower public project costs. The process fol- nois, as they celebrate their 75th anniversary Mr. DEFAZIO. Madam Speaker, I rise today lowed a Request for Proposal and interview on December 18. to draw attention to an example of Recovery process that included evaluation of both cost

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.046 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3045 and non-cost elements. Of six proposals re- the decades, they ensured the children had a of legendary Hartford educator Walter ‘‘Doc’’ ceived, the selected contractor represented good meal during the holidays and have Hurley. He went on to earn multiple advanced the best qualified and least costly. taught them the value of service to one’s degrees, including a master’s in public admin- (2) The report fails to mention that the Willamette River, one of the 14 American neighbors. istration from the University of Hartford. Chief Heritage rivers, has new thermal load re- The club’s fundraising efforts have gone to Teale’s passion for learning is everlasting, and strictions placed upon treatment plants to benefit hospitals, fire victims, community after retirement he plans to pursue a doctorate protect and recover threatened and endan- parks, senior programs and scholarships for in psychology, which will help him empower gered salmon fish species as well as other graduates of Collinsville High School. Today, Hartford’s young men to make smart choices water quality regulations. the club consists of about 50 members. Many as they enter adulthood, just as Doc Hurley in- (3) The report fails to mention that the of the volunteers are teachers who represent fluenced him. wastewater treatment plant serving the cit- the third generation of their family to belong to The residents of Hartford and Connecticut’s ies of Albany and Millersburg and ATI Wah the Junior Service Club. First Congressional District are indebted to Chang must construct additional wastewater treatment capital facilities to comply with I want to join with the members of this Chief Teale for his extensive efforts to serve the regulations. House in congratulating the members of the the Greater Hartford community. His dedica- (4) The report failed to note that the Collinsville Junior Service Club on celebrating tion to Hartford and its history, as well as his project is a unique industrial/municipal part- their 75th anniversary and thank them for their ability to lead, have made him not just an out- nership, between the cities of Albany, service. I want to wish them another 75 years standing fire chief but an exceptional ambas- Millersburg, and ATI Wah Chang with the in- of continued success. sador for the city. His fire boots will be hard dustrial partner contributing its share of f to fill, but we wish him well on his admirable capital. goals of returning to school and serving as a (5) The report failed to note that this PERSONAL EXPLANATION project provides a secure and environ- mentor to the young men in Hartford. mentally-sound wastewater treatment solu- f tion for ATI Wah Chang, a major local em- HON. MARY JO KILROY ployer and significant rare metals industry OF OHIO JUDGE DOROTHY SPOMER in the United States. This project protects IN THE HOUSE OF REPRESENTATIVES the jobs at this industry that would have HON. JOHN SHIMKUS been put at risk had a cost-effective treat- Wednesday, December 16, 2009 OF ILLINOIS ment solution not been found. Ms. KILROY. Madam Speaker, on the legis- IN THE HOUSE OF REPRESENTATIVES (6) The report fails to mention that the lative day of Tuesday, December 15, 2009, I project is the least-cost alternative that re- was unable to cast a vote on rollcall vote 971. Wednesday, December 16, 2009 quires the smallest ratepayer increases to comply with the regulations. Had I been present, I would have voted ‘‘yea’’ Mr. SHIMKUS. Madam Speaker, I rise today (7) The report fails to mention that this on rollcall vote 971. to honor Judge Dorothy Spomer, who broke project received an Honor Award from the f barriers as she served on the bench in South- American Academy of Environmental Engi- ern Illinois. Judge Spomer was recently hon- neers for Excellence in Environmental Engi- THE RETIREMENT OF CHIEF ored at Southern Illinois University neering. CHARLES A. TEALE, SR., FROM Carbondale’s Inpiring Women Gala. (8) The report failed to say that the project THE HARTFORD FIRE DEPART- Judge Spomer graduated from the Univer- will provide employment for an estimated MENT sity of Illinois College of Law in 1943, at the 100 people in diverse sectors: electricians, mechanics, pipe layers, and excavators; sur- age of 22. Throughout her historic career, she veyors, engineers and construction man- HON. JOHN B. LARSON set an example for other young women as the agers; raw material and equipment suppliers OF CONNECTICUT first female judge in Alexander County, the for the pipe, pumps, rock, concrete, asphalt, IN THE HOUSE OF REPRESENTATIVES first female circuit judge in the First Judicial wiring, steel and other materials; Wednesday, December 16, 2009 Circuit and the first woman to sit on the appel- landscapers and nurseries. These jobs are late court in the Fifth District. needed in Linn County, where 15.1% unem- Mr. LARSON of Connecticut. Madam A dedicated public servant, Judge Spomer ployment far exceeds the U.S. (10.2%) and Or- Speaker, I rise today to honor Fire Chief came out of retirement in 1977, when Illinois egon (11.3%) seasonally adjusted rates as re- Charles A. Teale, Sr., of the Hartford Fire De- ported in the December 2009 Benton/Linn Supreme Court Justice Joseph Goldenhersch Labor Trends Report for October. partment who is retiring after serving 27 called on her to serve on the appellate court Talking Water Gardens is a shining exam- years—9 of those as its chief. in Mount Vernon. ple of how to balance the needs of the envi- In his years of service, Chief Teale has Judge Spomer’s example inspired her son, ronment with the needs of cities and Amer- gained a reputation as a fair, no-nonsense ad- Judge Stephen Spomer, to carry on the proud ican industries to preserve jobs in these ministrator who helped to restore order and famiy tradition of public service as he presides tough economic times. Many, many people stability to the Hartford Fire Department. over the same Fifth District Appellate Court. have worked hard to make this project hap- Under his watch, the Hartford Fire Department I would like to join Southern Illinois Univer- pen and singling it out for criticism without maintained its Class 1 status, a designation verified foundation is shameful at a time sity Carbondale, as they honor her at their In- when we all need to be working together. shared by only 41 of 38,000 departments spiring Women Gala, in thanking Judge Doro- Sincerely, across the country. Among Teale’s many ac- thy Spomer for her lifelong service to Southern SHARON KONOPA, complishments is his emphasis on attaining Illinois. Mayor. high educational and professional standards. f f Due to the department’s educational outreach, the number of structure fires in Hartford de- HONORING LIAM MCLAUGHLIN JUNIOR SERVICE CLUB 75TH creased from 366 in 2001 to just 80 in 2008. BIRTHDAY In one of his proudest accomplishments, HON. ELIOT L. ENGEL Teale showed a dedication to the community OF NEW YORK HON. JOHN SHIMKUS he served that extended far beyond his duties IN THE HOUSE OF REPRESENTATIVES as fire chief. He worked as co-chairman of a OF ILLINOIS Wednesday, December 16, 2009 IN THE HOUSE OF REPRESENTATIVES committee that raised $125,000 to create a memorial to the 168 people who died in the Mr. ENGEL. Madam Speaker, Liam Wednesday, December 16, 2009 Hartford circus fire of July 6, 1944. Motivated McLaughlin is leaving the Yonkers City Coun- Mr. SHIMKUS. Madam Speaker, I rise today by the conviction that a memorial had to be cil after serving four terms, representing the to join in the celebration of the 75th anniver- created before the generation that remem- Fourth District since 1999. He served as Ma- sary of an important community organization bered one of Connecticut’s worst disasters jority Leader of the City Council and is leaving in Collinsville, Illinois. passed on, Teale dedicated the beautiful meas the Minority Leader and Chair of the Budg- The Junior Service Club has worked for morial in 2005, on the 61st anniversary of the et Committee and the Environmental Policy & three quarters of a century to better the lives fire. Protection Committee. of the children in the community. The group’s Chief Teale’s own story is truly remarkable. He also served on the Education Com- volunteers have worked tirelessly to provide He dropped out of school at age 14, but re- mittee, the Real Estate & Economic Develop- fun activities for the community’s youth. Over turned and excelled, thanks to the mentoring ment Committee, the Municipal Operations

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.048 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3046 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 Committee, the Intergovernmental Relations RICHARD ALGER FLORIDA AGRI- for Individual Achievement, and the University Committee, the Rules Committee, and the CULTURE’S MAN OF THE YEAR of Minnesota Presidents Award for Out- Legislation and Codes Committee. standing Service. He graduated from Fordham University in HON. ILEANA ROS-LEHTINEN This impressive record of service doesn’t 1989, majoring in accounting, and worked for OF FLORIDA begin to describe the man. As his colleagues the major accounting firm of Ernst & Young IN THE HOUSE OF REPRESENTATIVES and students note, Tom is modest, compas- before taking his law degree from the New sionate, and blessed with a good sense of Wednesday, December 16, 2009 York Law School. humor. One close colleague has described As a council member Liam worked with the Ms. ROS-LEHTINEN. Madam Speaker, I Tom as a specialist in making things happen mayor and fellow council members on a bi- rise today to give my heartfelt congratulations without claiming credit. He accepts assign- partisan basis for the betterment of his district to Richard Alger on his recent induction into ments others won’t take. He sees opportuni- and the City of Yonkers as a whole. He strove the Florida Agricultural Hall of Fame. ties to do good and he takes them and when to hold down taxes, to create jobs, to improve Being named to the Florida Agricultural Hall these aren’t obvious, he creates them. Tom the city’s parks and playgrounds, increase of Fame is a high honor, because it is the has truly made walking the extra mile a way senior citizen programs and implement a city- closest thing we have in South Florida to of life, achieving a legacy of accomplishments wide beautification program. He encouraged being named agriculture’s man of the year. that will pay dividends for generations to ‘smart development’ to make Yonkers attrac- With his very strong educational back- come. tive to new businesses which brought many ground, gregarious personality and true com- Madam Speaker, I wish to extend my con- new jobs to the city. passion for our community, Richard has been gratulations and appreciation to Tom a strong voice for farming for over four dec- Aside from his representation on the coun- McRoberts for the extraordinary career at the ades. cil, he is a Board Member of the Aisling Irish University of Minnesota Morris. Richard made his mark through his assist- Community Center, a Board Member and f ance to minority farmers in our area, as a President of Tara Circle, a member of the An- board member of Farm Credit of South Flor- SPRINGFIELD SENATORS—CROSS cient Order of Hibernians, the Westchester ida; a generous contributor to the Farm Share COUNTRY STATE CHAMPIONS Friendly Sons of St. Patrick, and a member of program; and for working with the University of the New York State Bar Association. Florida on agricultural research. HON. JOHN SHIMKUS I congratulate Liam for all of his good work I am pleased to join the Greater Home- OF ILLINOIS and diligence in representing not only his dis- stead/Florida City Chamber, Jolayne, his fam- IN THE HOUSE OF REPRESENTATIVES trict and its families, but the City of Yonkers as ily, including 17 grandkids, friends and neigh- Wednesday, December 16, 2009 a whole. I was privileged to be able to work bors in their celebration of his countless con- with him in helping Yonkers and know first tributions. Mr. SHIMKUS. Madam Speaker, I rise today hand that Yonkers is enormously better for f to honor the achievements of an outstanding having him. I know his family will be happier group of student-athletes from Springfield, Illi- now that he will not have as many meetings HONORING TOM MCROBERTS nois. to attend but the City of Yonkers will sorely The Springfield Senators girls cross country miss his leadership and dedication. I wish him HON. COLLIN C. PETERSON team took the state championship at this the best in all his endeavors and am looking OF MINNESOTA year’s Illinois High School Association state forward to his return to office. IN THE HOUSE OF REPRESENTATIVES finals November 7 at Detweiller Park in Peo- ria. Springfield High finished with a score of Wednesday, December 16, 2009 f 124, six better than the runners-up from Mr. PETERSON. Madam Speaker, I rise Yorkville. The Senators were led by Kirby ST. MARY’S GOOD SAMARITAN today to honor the accomplishments of Tom Hale, who had the fourth-best overall time for HOSPITAL CENTENNIAL McRoberts on the occasion of his retirement the tournament, finishing in 17:51. from the University of Minnesota, Morris I want to congratulate Coach Dan Devlin, HON. JOHN SHIMKUS (UMM). During his career of over 34 years Assistant Coach Trae Cotner and the mem- with the University, Tom has served several OF ILLINOIS bers of the 2009 Springfield Senators state communities as an administrator, mentor, and champion cross country team: Kirby Hale, IN THE HOUSE OF REPRESENTATIVES innovative educator. These titles are unable to Madie Alexander, Maggie Cornelius, Christy Wednesday, December 16, 2009 capture the full measure of Tom’s contribution Rolf, Jessica Larson, Leora Reyhan, Sarah to the University, local community, the state of Ward, Giuliana Bailey, Christina Kropid, Julia Mr. SHIMKUS. Madam Speaker, I rise today Minnesota. McClure, Erin Shultz and Lauren Smith. They to honor a century of service from an institu- Tom is tireless in his efforts to expand have represented themselves, their school and tion of healing in Centralia, Illinois. learning opportunities. His ingenuity has never our community in a first-rate fashion. I want to St. Mary’s Hospital opened on Thanksgiving been bound by his official titles of Director of join with my colleagues in this House in wish- Day in 1909 and has been serving the Continuing Education and Regional Programs, ing them continued success in their future Centralia area since. As the city grew, the Director of the Center for Small Towns, Direc- academic and athletic endeavors. Poor Handmaids of Jesus Christ and the tor of the Center for International Programs, f Felician Sisters worked to meet the medical and the other positions he’s held over the needs of the growing population. In 1958, the years. Tom has served as a mentor and aca- EARMARK DECLARATION hospital moved to a new 117-bed facility on demic advisor to numerous students who have Pleasant Avenue, where it went through 3 ex- gone on to obtain internships and jobs in the HON. DON YOUNG pansions 1969 to 1981. public service arena and win prestigious na- OF ALASKA In 1996, St. Mary’s Hospital merged with tional scholarships. He has been instrumental IN THE HOUSE OF REPRESENTATIVES Good Samaritan Regional Health Center in in developing programs to connect the Univer- nearby Mt. Vernon. With the merger, they en- sity to the local community and to open the Wednesday, December 16, 2009 tered the 21st Century at the forefront of med- world for exploration by the students he has Mr. YOUNG of Alaska. Madam Speaker, ical care. Over the last 100 years, the people so faithfully served, including establishing the pursuant to the Republican Leadership stand- at St. Mary’s have not forgotten their core mis- UMM Center for International Programs and ards on earmarks, I am submitting the fol- sion and have served our community with a creating the UMM Summer Scholars program lowing information regarding earmarks I re- level of devotion that is second to none. for gifted high school juniors from around the ceived as part of H.R. 3326, the Departments I want to join with the members of this region, soon to be in its twenty-sixth year. of Defense Appropriations Act, 2010. House and the residents of South Central Illi- Over the years, Tom has been recognized Project Name: Synthetic Liquid Fuels nois in congratulating St. Mary’s Good Samari- for his remarkable contributions with a number Bill Number: H.R. 3326 tan Hospital on celebrating its centennial. I of honors, including the all-University John Legal Name and address of entity receiving want to thank them for their healing ministry Tate Award for Excellence in Undergraduate earmark: Eielson Air Force Base, Alaska and to wish them continued success for the Advising, the UMM Academic Staff Award, the Description of how the money will be spent next hundred years. College of Continuing Education Deans Award and why the use of federal taxpayer funding is

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.051 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3047 justified: This project will supply the U.S. Air ronmental testing to ensure requirements are EARMARK DECLARATION Force and other military branches a secure met. The Marine Corps now uses 1980’s tech- supply of synthetic fuels to operate fighters, nology rigid wall shelters that have aluminum HON. JOHN J. DUNCAN, JR. bombers and other aircraft and military equip- skins and a paper honeycomb core. These OF TENNESSEE ment. It will help the Air Force to achieve its shelters are: poorly insulated, have a limited IN THE HOUSE OF REPRESENTATIVES stated goal of certifying its fleet of aircraft on roof and floor load, do not have ballistic pro- a synthetic fuel blend and purchasing 50 per- tection, the roof cannot be sandbagged, are Wednesday, December 16, 2009 cent of its fuels in the form of a synthetic fuel highly subject to corrosion and can only be Mr. DUNCAN. Madam Speaker, consistent blend by 2016. stacked six-high on ocean going container with House Republican Earmark Standards, I Appropriated Amount: $2,400,000 ships. Additionally, the U.S. military does not am submitting the following earmark disclo- Detailed Finance Plan: Research and Devel- have an EMI hardened expandable rigid wall sure information for project requests that I opment, $2,400,000 shelter. Alkan’s new carbon fiber hybrid com- made and which were included within H.R. Project Name: AutoScan Under-Vehicle In- posite expandable shelter will provide a tech- 3326, the ‘‘Department of Defense Appropria- spection System nologically superior structure that will correct tions Act, FY2010.’’ Bill Number: H.R. 3326 the deficiencies of old 1980’s technology. Requesting Member: Congressman JOHN J. Legal Name and address of entity receiving Combining high tech carbon fiber composites DUNCAN, Jr. earmark: Kachemak Research Development, with EMI protection will provide the USMC and Account: RDTE—Defensewide Inc., 59584 East End Road, Homer, Alaska the U.S. military with a lightweight, expand- Project Amount: $2,000,000 99603 able, rugged, thermally efficient, and safer Legal Name of Requesting Entity: Lentix, Description of how the money will be spent working environment for carrying out their sen- 800 South Gay Street, Suite 1625, Knoxville, and why the use of federal taxpayer funding is sitive electronics and calibration repair and Tennessee 37929 justified: Kachemak Research Development, maintenance missions. Description of Request: The funding will be Inc. is a woman owned, HUBZone, 8(a) entity. Appropriated Amount: $800,000 used for the development of a very high reso- AutoScan, an under vehicle inspection system lution benchmarking vision system for long- developed by KRD, is a stationary system that Detailed Finance Plan: Research and Devel- opment, $800,000 range surveillance with focus on SOCOM and captures the entire undercarriage image of ve- Navy tracking needs. hicles, ranging in size from passenger vehicles f to semi-trucks. Because of the unique capa- f EARMARK DECLARATION bilities of AutoScan, vehicles do not need to HONORING THE MEMORY OF DR. maintain a constant speed as they travel STEVEN KARL TEPLICK across the system. Funding will be used for HON. DON YOUNG product enhancement and beta testing of OF ALASKA Autoscan generation 2 and 3 architecture. As HON. JO BONNER IN THE HOUSE OF REPRESENTATIVES part of the inspection protocol at every military OF ALABAMA base, CONUS and OCONUS, the under- Wednesday, December 16, 2009 carriage of every delivery vehicle must be in- IN THE HOUSE OF REPRESENTATIVES Mr. YOUNG of Alaska. Madam Speaker, spected. Standard inspection protocols have Wednesday, December 16, 2009 pursuant to the Republican Leadership stand- been comprised of a mirror-mounted stick or ards on earmarks, I am submitting the fol- search pits. AutoScan makes it possible for in- Mr. BONNER. Madam Speaker, Southwest lowing information regarding earmarks I re- spection personnel to maintain a safe stand- Alabama recently lost a dedicated medical ceived as part of H.R. 3288, the Departments off distance. Additionally, it stores images for professor and highly regarded academic phy- of Transportation, HUD, and Related Agencies later comparison and analysis if needed. And sician. Dr. Steven Karl Teplick passed away Appropriations Act, 2010. it provides one, complete, clear image of any on December 8, 2009, at the age of 68. Project Name: Sexual Assault Response vehicle’s under-side in real-time and capabili- Dr. Teplick was Chairman of the Depart- Team Center ties that no similar system is able to provide. ment of Radiology at the University of South Bill Number: H.R. 3288 Appropriated Amount: $2,400,000 Alabama’s College of Medicine for nearly 15 Legal Name and address of entity receiving Detailed Finance Plan: Research and Devel- years. He was known for his devotion to the earmark: Sexual Assault Response Team opment, and Testing, $2,400,000 teaching and training of medical professionals (SART) Center, Municipality of Anchorage, Project Name: Electromagnetic Interference as well as leading the University’s transition to P.O. Box 196650, Anchorage, Alaska 99519 Hardened Expandable Rigid Wall Shelter digital cancer diagnostic technology. Description of how the money will be spent Bill Number: H.R. 3326 Dr. Teplick was a graduate of the University and why the use of federal taxpayer funding is Legal Name and address of entity receiving of Vermont, and of Hahnemann Medical Col- justified: Funding will be used for the contin- earmark: Alkan Shelter, LLC, 1701 South lege in Pennsylvania. He completed his resi- ued development and operations of the Mu- Cushman Street, Fairbanks, Alaska 99701 dency in Radiology and a fellowship in nicipality of Anchorage Sexual Assault Re- Description of how the money will be spent Neuroradiology at Boston City Hospital. Dr. sponse Team (SART) Center. This project will and why the use of federal taxpayer funding is Teplick served his country for three years as support victims through care while partici- justified: The U.S. Marine Corps has a require- a major in the U.S. Army Medical Corps be- pating in investigation and prosecution and ment to develop an EMI hardened, expand- fore returning as a faculty member at Hahne- help in prosecution of sexual assault cases able composite rigid wall shelter, which cur- mann. Afterwards, he became Vice Chairman through professional evidence collection, doc- rently does not exist. The USMC Electronic of the Department of Radiology at the Univer- umentation, preservation and processing. Maintenance Shelter Program, Calibration sity of Arkansas, before coming to South Ala- Appropriated Amount: $400,000 Laboratory Program, and the Communication bama. Detailed Finance Plan: Development and Maintenance Shelter Program are several A member of numerous medical committees Operations $400,000 funded programs with an immediate need. f Sufficient funding is not available for an EMI and organizations, Dr. Teplick was most nota- hardened, expandable rigid wall composite bly a fellow in the American College of Radi- HONORING JANET M. RODERICK shelter development program. Alkan Shelter, ology, president of the Alabama Academy of LLC, a small business located in a HUBZone Radiology and a founding member of the International Society of Biliary Radiology. HON. MICHAEL H. MICHAUD in Fairbanks, AK, proposes a three-phase de- OF MAINE Dr. Teplick was a lover of nature and en- velopment and test program for an expand- IN THE HOUSE OF REPRESENTATIVES able, composite EMI hardened shelter for the joyed farming and his horses and beloved U.S. Marine Corps. First phase is to study the pets. He is survived by his wife of 40 years, Wednesday, December 16, 2009 feasibility of EMI hardening to 60–80dB at- Carol; two children, Jennifer and Joanna; and Mr. MICHAUD. Madam Speaker, I rise tenuation for the entire expandable shelter or four grandchildren. today to recognize the accomplishments of hardening one wing of the shelter. The second As we pause to reflect upon the many con- Janet M. Roderick of Rome, Maine. phase is to manufacture the EMI hardened tributions of Dr. Teplick to our community, we Janet Roderick has been a longtime pro- composite expandable shelter prototype. The also extend our thoughts and prayers to his ponent of the small business community that third phase will be to perform EMI and envi- family for their loss. drives Maine’s economy, and her hard work

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.041 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3048 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 has helped numerous individuals and small structing a sheet pile dock and addition to the The Commission created by this bill is also businesses throughout Maine. 27 year old structure. tasked with connecting the commemoration of Janet has been a Maine Small Business Appropriated Amount: $1,000,000 Emancipation with the problem of modern Development Center (Maine SBDC) certified Detailed Finance Plan: Construction slavery in the United States and around the business counselor since 2006 at the Maine $1,000,000 world. The Thirteenth Amendment to the Con- SBDC service center at Coastal Enterprises, f stitution is a living promise of freedom that Inc. On December 21, 2009, Janet will be ac- places a duty on all of us to prevent involun- knowledged as the 2009 Maine State Star. THE NATIONAL EMANCIPATION tary servitude. In support of that duty, the This honor recognizes her exemplary service COMMEMORATION ACT OF 2009 Commission will conduct a study addressing on behalf of the small business community in why slavery in all its forms still exists, ana- Maine, particularly in Kennebec and Somerset HON. JOHN CONYERS, JR. lyzing the persistence of modern slavery in the counties in central Maine. OF MICHIGAN United States from 1865 to the present, and The State Star award is presented each IN THE HOUSE OF REPRESENTATIVES make recommendations to address issues and year by the national Association of Small Busi- Wednesday, December 16, 2009 concerns highlighted by the study. ness Development Centers and recognizes an For as long as there have been slaves in outstanding SBDC employee from each state. Mr. CONYERS. Madam Speaker, I am this country, there have been justice-minded The 2009 award is based on Janet’s efforts in pleased to introduce, on behalf of myself and individuals and groups dedicated to the aboli- 2008 when she worked with 148 small busi- my colleagues DAN LUNGREN of California, tion of slavery. It is appropriate that we com- nesses, provided 1,070 hours of one-on-one SHEILA JACKSON-LEE of Texas, and ALCEE memorate their work and the 150th anniver- counseling, and helped to launch 20 new busi- HASTINGS of Florida, the National Emanci- saries of the Emancipation Proclamation and nesses in central Maine. Her efforts led to the pation Commemoration Act of 2009. This leg- the Thirteenth Amendment, and in so doing, creation of 37 new jobs and the retention of islation will establish an 18-member National renew our commitment to ending modern slav- 21 jobs. Through her efforts, her clients were Emancipation Commemoration Commission to ery in the United States and around the world. able to access capital totaling over $4 million. provide for an appropriate national observance f of the 150th anniversaries of the Emancipation Janet has long been involved in helping INTRODUCTION OF THE OUT- small businesses, and she has been espe- Proclamation in 2013, the Thirteenth Amend- ment to the Constitution in 2015, and related PATIENT MENTAL HEALTH MOD- cially active with women-owned businesses ERNIZATION ACT OF 2009 and nonprofits. A certified public accountant, events, and to conduct a study exploring why Janet was previously a counselor for 11 years modern slavery continues to exist in the with the Women’s Business Center at Coastal United States and elsewhere. HON. ALCEE L. HASTINGS OF FLORIDA Enterprises, Inc. in Augusta. Later, she was Our Nation’s history is unfortunately inter- IN THE HOUSE OF REPRESENTATIVES an accounting supervisor with an Augusta- twined with the story of slavery and the slave based accounting firm, where she specialized trade. For hundreds of years, men, women Wednesday, December 16, 2009 in small and women-owned businesses and and children were captured and taken from Af- Mr. HASTINGS of Florida. Madam Speaker, nonprofit organizations. rica and enslaved in the American colonies. I rise to introduce the Outpatient Mental Janet was the SBA 1993 Accountant Advo- Yet alongside the history of slavery in the Health Modernization Act of 2009, which will cate of the Year and the SBA 2002 Women’s United States, we also remember the stories support a high quality and cost-savings ap- Business Advocate of the Year and this further of those who fought against the abhorrent proach to long-term care mental health serv- recognition is well deserved. The State of practice—some with the pen, and some with ices. Maine and its small business community owe the sword. The work and lives of historical fig- Five million Medicare beneficiaries have a debt of gratitude to Janet M. Roderick for ures like Frederick Douglass, Sojourner Truth, mental disorders other than mental retardation her commitment to the success of small busi- and Harriet Tubman are familiar to our class- and 1.3 million of these individuals are under ness. I applaud Janet’s work and extend con- rooms and history books. Other abolitionists the age of 65. Medicare Partial Hospitalization gratulations to her as the 2009 State Star. are less well-known, such as Levi and Cath- Programs (PHPs) provide a structured and Madam Speaker, please join me in honoring erine Coffin, a Quaker couple in Indiana who clinically intensive alternative to hospitalization Janet M. Roderick for her life of dedication helped over 3,000 slaves escape to freedom. for patients who otherwise might require sus- and service to her community and the growth The struggle for freedom for all Americans tained inpatient psychiatric hospitalization. of Maine’s small businesses. reached a new height on January 1,1863, PHP psychiatric patients typically receive four when President Abraham Lincoln issued the f to six hours of treatment per day, five to six Emancipation Proclamation. With it, he de- days a week in hospital-based settings and EARMARK DECLARATION clared ‘‘that all persons held as slaves’’ within community mental health centers. the States rebelling against the Union ‘‘are, The severity the patient’s illness often pre- HON. DON YOUNG and henceforward shall be free.’’ As the Union vents the individual from obtaining or seeking OF ALASKA Army advanced on the Confederate territory, transportation to the PHP facility, or from ac- IN THE HOUSE OF REPRESENTATIVES thousands of slaves gained their freedom cessing high quality food. Additionally, some each day. Shortly after the war ended, the psychiatric medications that are prescribed to Wednesday, December 16, 2009 Thirteenth Amendment to the Constitution was the patient cannot be safely administered with- Mr. YOUNG of Alaska. Madam Speaker, adopted, prohibiting slavery and involuntary out food. These patients often live in group-su- pursuant to the Republican leadership stand- servitude throughout the United States. pervised settings due to difficulties in maintain- ards on earmarks, I am submitting the fol- Despite these milestones, slavery has not ing family relationships and their financial in- lowing information regarding earmarks I re- yet been relegated to the pages of history. An stability. ceived as part of H.R. 3288, the Transpor- estimated 27 million people are still in ser- Currently, Medicare does not cover the tation, Housing and Urban Development Ap- vitude worldwide—including an estimated costs of nutritional planning, meals or trans- propriations bill. 50,000 or more people enslaved in the United portation for patients who receive psychiatric Project Name: Port of Bristol Bay Expansion States. treatment in a PHP setting. Therefore, PHP fa- Bill Number: H.R. 3288 The National Emancipation Commemoration cilities are responsible for the cost of providing Agency: Department of Housing and Urban Commission’s work is two-fold. It will advise food and transportation. This aggravates finan- Development the Attorney General on making grants avail- cial burdens that many PHPs and countless Legal name and address of entity receiving able to government and non-profit entities for other community organizations are experi- earmark: Bristol Bay Borough, 1 Main Street, activities and programs related to the com- encing in these difficult economic times. Naknek, AK, 99633 memoration. These activities may include the The Outpatient Mental Health Modernization Description of how the money will be spent publication of scholarly research, production of Act of 2009 requires Medicare to reimburse and why the use of federal taxpayer funding is a commemorative stamp or coin, and the de- PHPs for providing transportation and food justified: Shovel ready dock expansion where velopment of informational displays and pro- and nutritional services. The bill also estab- the largest run of sockeye salmon is proc- grams at National Parks and historic sites re- lishes a Behavioral Health Advisory Com- essed and shipped. This project is the eco- lated to slavery, the Underground Railroad, mittee in which a diverse group of behavioral nomic engine for the low-income area of Bris- and the Emancipation throughout the United health stakeholders would examine and pro- tol Bay. These funds will go toward con- States. vide recommendations on how to address the

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After his retirement from the ator DAVID VITTER (R–LA) on July 28, 2009. and why the use of federal taxpayer funding is New Castle County Police Department, John Madam Speaker, PHPs are a cost effective justified: This project (which would be another lent his skills to the Delaware State Govern- alternative that can prevent mentally ill individ- increment in a highly successful, multi-year ment, first as Deputy Attorney General and uals from facing expensive inpatient care, in- funding effort) will repair large sections of the later as Executive Director of the Division of carceration, or institutionalization. The growing utilidor that are in extreme need. The utilidors Alcoholic Beverage Control. Some of John’s use and role of mental health PHPs in our and related piping were constructed and in- professional affiliations include: both the Dela- health care system requires that we amend stalled in the 1950s and were they to fail dur- ware and American Bar Associations; the Dis- the law to assist PHPs in delivering the serving the winter season, when temperatures are trict of Columbia and the Pennsylvania Bar; ices, care and support to those who are living commonly ¥40F and lower, the base could the U.S. District Courts for Delaware and with severe and chronic mental illness. I urge suffer catastrophic results in as quickly as four Pennsylvania; and Life Member, and former my colleagues to support the bi-partisan Out- hours. Chairman, of the Delaware Police Chief’s patient Mental Health Modernization Act of Appropriated Amount: $9,900,000 Council. 2009, which help sustain an important treat- Detailed Finance Plan: Repairs $9,900,000 John is a dedicated man who has had a ment option in long-term care service network. Project Name: Install Edge Lights, Taxiway very successful career, filled with achieve- f Golf at Eielson Air Force Base, Alaska ments both impressive and numerous. But Bill Number: H.R. 3288 John is more than that; he is a loving husband EXPRESSING CONDOLENCES AND Legal Name and address of entity receiving to his wife, Sharen, he is a devoted father and CELEBRATING THE LIFE OF earmark: Eielson Air Force Base, Alaska grandfather to his children, Barbara and HENRY S. MILLER, JR. 99702 Darren, his daughter-in-law, Dana, and his Description of how the money will be spent grandson, Robbie, and he is a concerned cit- HON. EDDIE BERNICE JOHNSON and why the use of federal taxpayer funding is izen, serving as an Executive Board Member OF TEXAS justified: Provides for new taxiway edge lights of the Delaware Safety Council. John also IN THE HOUSE OF REPRESENTATIVES along a major aircraft access point to the base served 6 years as a member of the Delaware runway. Project includes installing 12,000 lin- Wednesday, December 16, 2009 Army National Guard. I can attest to John’s eal feet of underground wiring and lighting fix- outstanding achievements and his fine char- Ms. EDDIE BERNICE JOHNSON of Texas. tures. There will also be new asphalt shoul- acter, and today, as he begins a new chapter Madam Speaker, I rise today in honor of ders installed after the lighting is completed. in his life, I stand to honor and recognize the Henry S. Miller, Jr. who passed away on Sat- Appropriated Amount: $3,450,000 service he has rendered to both the individual urday, December 5, 2009. Detailed Finance Plan: Installation citizens and the collective communities of Mr. Miller was an icon in the Dallas commu- $3,450,000 Delaware. The Delaware River and Bay Au- nity who created a real estate empire with f thority Police Department’s mission is to pro- over 1,300 employees and 41 offices. After IN HONOR OF COLONEL JOHN tect and serve Delaware and New Jersey, and joining the business his father founded, Miller Colonel John McCarnan has been doing ex- ROBERT MCCARNAN steered Henry S. Miller Co. to success by pio- actly that for the past 16 years. I thank him for neering the concept of specialization of serv- his service and wish him the best on this mo- ices. Essentially, Miller championed the idea HON. MICHAEL N. CASTLE mentous occasion. of creating specialists in commercial real es- OF DELAWARE tate fields like industrial, retail, and multifamily. IN THE HOUSE OF REPRESENTATIVES f By doing this, he created a real estate culture Wednesday, December 16, 2009 that encouraged employees to be incredibly CALLING FOR A DRAMATIC IN- knowledgeable in specific areas, allowing the Mr. CASTLE. Madam Speaker, it is with CREASE IN ASSISTANCE FOR DE- company to move forward quickly and effec- great pleasure that I rise today to recognize VELOPING COUNTRIES IN FINAL tively in those fields. the career of Colonel John Robert McCarnan, LEGISLATION ON GLOBAL WARM- Throughout his career and life, Mr. Miller retiring Chief Executive Officer of the Dela- ING TO HELP THEM ADJUST TO was regarded as an honest and humble man, ware River and Bay Authority Police Depart- THE CONSEQUENCES OF CLI- and maintained these traits in an industry ment (DRBA–PD). Colonel McCarnan, through MATE CHANGE where it is easy to devolve into something exemplary commitment and service, has pro- much different. Known throughout the commu- tected the people of our great state for more HON. ENI F. H. FALEOMAVAEGA nity as a businessman of integrity and knowl- than 40 years, and he has proven to be a OF AMERICAN SAMOA edge, he was a pioneer in the Dallas real es- tough and formidable leader in a profession IN THE HOUSE OF REPRESENTATIVES that requires exceptional skill and dedication. tate industry and helped to develop it into the Wednesday, December 16, 2009 powerhouse that it is today. Colonel McCarnan’s tenure as CEO of Madam Speaker, I ask my fellow colleagues DRBA–PD began in July of 1993. Since that Mr. FALEOMAVAEGA. Madam Speaker, I to join me in honoring this great man who truly time, he has led the DRBA–PD to new rise today to urge my colleagues to support a was ahead of his time. heights, working hard to establish high stand- doubling of assistance by developed countries f ards and promote professionalism, integrity, for developing nations in helping them adjust and customer service-oriented policing. to the impacts of global warming. Increased EARMARK DECLARATION DRBA–PD is known as a professional and commitments are essential if we are to progressive police organization, and this is a achieve a successful international climate HON. DON YOUNG direct result of John’s diligence and talent. Po- change agreement, one that will prevent the OF ALASKA lice officers serve such an important function most devastating effects of global warming. IN THE HOUSE OF REPRESENTATIVES in our society, and to be as effective as pos- Ironically, the poorest and most vulnerable sible, they must have dedicated and organized countries are the ones that will suffer the most Wednesday, December 16, 2009 leaders. John has been this and more to from rising sea levels, severe weather events Mr. YOUNG of Alaska. Madam Speaker, DRBA–PD and he leaves behind him big and other consequences of climate change— pursuant to the Republican leadership stand- shoes to fill for those that will follow. despite the fact that those nations have con- ards on earmarks, I am submitting the fol- A genuine Delawarean through and through, tributed only negligibly to the problem. U.S. lowing information regarding earmarks I re- John earned his Bachelor of Science in Crimi- leadership is vital if we are to prod other de- ceived as part of H.R. 3288, the Departments nal Justice from Wilmington University and veloped countries to step up to the plate and of Transportation, HUD, and Related Agencies later his Juris Doctor Degree from Widener provide appropriate levels of assistance. And Appropriations Act, 2010. University’s School of Law. John began his in the aftermath of House passage of the Project Name: Arctic Utilidors (Phase 11) at law enforcement career as a patrol officer with Waxman-Markey cap-and-trade legislation ear- Eielson Air Force Base, Alaska the Wilmington Bureau of Police, later moving lier this year, the Senate must now act.

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That is why my colleagues—Rep. RAU´ L levels, and that atmospheric greenhouse gas ples most vulnerable to the con- GRIJALVA, Rep. EMANUEL CLEAVER, Rep. MAX- concentrations return to below 350 parts per sequences of global warming. INE WATERS, Rep. PETE STARK, Rep. DENNIS million of carbon dioxide equivalent. Sincerely, MOORE, Del. DONNA CHRISTENSEN and Rep. As AOSIS has pointed out, ‘‘ Serious ENI F.H. FALEOMAVAEGA, MICHAEL HONDA—sent a letter today to Sen. adverse impacts are already being felt Member of Congress. RAU´ L M. GRIJALVA, JOHN KERRY, the Chairman of the Foreign Re- by island states at the current 0.8°C of lations Committee and leader on climate warming, including coastal erosion, Member of Congress. flooding, coral bleaching and more fre- EMANUEL CLEAVER, change legislation in the Senate, urging him to Member of Congress. quent and intense extreme weather double assistance for developing countries in MAXINE WATERS, legislation the Senator is currently drafting. As events. The U.N.’s lead agency on refu- Member of Congress. our letter states, ‘‘the amount of funding devel- gees has already warned that some par- PETE STARK, oped countries are currently promising to de- ticularly low-lying island states are Member of Congress. veloped countries is grossly insufficient to ‘very likely to become entirely un- DENNIS MOORE, meet the need.... Given the magnitude of inhabitable’.’’ Member of Congress. the problem developing countries face, and Estimates vary on the level of fund- DONNA M. CHRISTENSEN, given the responsibility of developed countries ing needed by the developing world to Member of Congress. MICHAEL M. HONDA, for the majority of historic greenhouse gas lessen the destabilizing impacts of cli- Member of Congress. emissions, we believe that U.S. climate mate change that will likely occur re- f change legislation should double the emis- gardless of the adoption of an inter- sions allowances currently dedicated in the national agreement. However, the UN’s CONGRATULATING RAPIDES House bill to international adaptation and miti- latest Human Development Report es- REGIONAL MEDICAL CENTER gation in developing countries.’’ timates that additional adaptation fi- Madam Speaker, for the RECORD, I include nance needs alone will amount to $86 HON. RODNEY ALEXANDER a full copy of the letter to Senator KERRY. billion annually by 2015. And last week OF LOUISIANA CONGRESS OF THE UNITED STATES, in Copenhagen, Yvo de Boer, Executive IN THE HOUSE OF REPRESENTATIVES HOUSE OF REPRESENTATIVES, Secretary of the United Nations Wednesday, December 16, 2009 Washington, DC, December 15, 2009. Framework Convention on Climate Mr. ALEXANDER. Madam Speaker, today I Hon. JOHN F. KERRY, Change, said that developed countries stand before you proud to announce that the Chairman, Senate Committee on Foreign Rela- should expect to contribute $100 billion Rapides Regional Medical Center has been tions, Dirksen Senate Office Building, Washington, DC. annually to developing nations. named one of the nation’s 100 Top Hospitals DEAR MR. CHAIRMAN: We want to commend Yet the amount of funding developed for cardiovascular care. Moreover, this hos- you for your valuable contributions toward countries are currently promising to pital, located in Alexandria, Louisiana, is the enacting climate change legislation. We par- developed countries is grossly insuffi- only hospital in Louisiana to make Thomson ticularly appreciate your introduction of S. cient to meet the need. The United Reuters’ 2009 list. 2835, which focuses on the countries most States must demonstrate leadership if As a premier teaching hospital, Rapides Re- vulnerable to the impacts of global warming. gional Medical Center cultivates a community We sincerely hope that with that measure as the developed world is to meet its obli- gation to provide appropriate sums. of care. The annual study examines the per- well as the recent pledges by China and India formance of 971 hospitals by analyzing clinical to curb their emissions relative to economic The Congressional Research Service’s growth, and President Obama’s support for calculation of the funding produced by outcomes for patients diagnosed with heart failure and heart attacks, and for those who mobilizing developed countries to contribute H.R. 2454 for developing countries— received coronary bypass surgery or interven- $10 billion a year by 2012 and implementing based on the current percentage of tions such as angioplasties. longer-term mechanisms to assist developing emissions allowances dedicated to countries with adaptation and mitigation, As noted by the Thompson Reuters Com- Copenhagen makes substantial progress to- international adaptation and inter- pany, ‘‘results show these top performers not ward completion of a binding agreement to national clean technology deployment only provided exceptional inpatient care, but limit climate change. and the allowance prices used in the also had significantly better post-discharge The bill you are working on with the Sen- EPA/IGEM Model—suggests that less outcomes, including lower readmission rates ators Graham and Lieberman offers a crucial than $1 billion per year would be avail- for heart failure and heart attack patients as opportunity to advance that agreement. We able in 2012, rising to less than $1.6 bil- urge you to include an adequate commit- well as lower 30-day mortality rates for heart ment of resources for the nations and peoples lion by 2020. attack patients. This means that patients treat- most vulnerable to the consequences of glob- Given the magnitude of the problem ed in hospitals with balanced high perform- al warming in that legislation. developing countries face, and given ance in cardiovascular care are more likely to The needs of developing countries are the responsibility of developed coun- have better results 30 days after discharge.’’ manifest. As noted by the recent World De- tries for the majority of historic green- At a time when our healthcare system is velopment Report 2010, even if average glob- house gas emissions, we believe that under constant scrutiny by citizens and public al temperatures rise only 2 degrees Celsius servants alike, the team at Rapides Regional above pre-industrial levels, ‘‘Between 100 U.S. climate change legislation should million and 400 million more people could be double the emissions allowances cur- Medical Center provides hope and reassur- at risk of hunger. And 1 billion to 2 billion rently dedicated in the House bill to ance that in fact, the United States, and Lou- more people may no longer have enough international adaptation and mitiga- isiana, offer exceptional care. water to meet their needs . . . It is esti- tion in developing countries. I join those whose lives have been touched mated that developing countries will bear While such enhanced allocations by Rapids Regional Medical Center in saying most of the costs of the damages—some 75–80 would amount to substantial sums of congratulations and thank you for the dedica- percent.’’ As the Stern Review made clear, tion to excellence by each employee and doc- even if greenhouse emissions ceased today, money, we believe they will more than pay for themselves over time when tor on staff. the world would still face at least two dec- f ades of increasing global temperatures. compared to American commitments In the very near future, higher tempera- of troops and resources that would IN RECOGNITION OF THE PHOEBUS tures will lead to economic and political in- likely be required to address adverse HIGH SCHOOL FOOTBALL TEAM stability, refugee crises and conflicts over impacts in developing countries affect- ever-scarcer natural resources in developing nations, all of which will have direct, nega- ing vital U.S. interests. As retired Ma- HON. ROBERT C. ‘‘BOBBY’’ SCOTT OF VIRGINIA tive implications for developing and devel- rine Corps General Anthony Zinni, oped countries alike. That is why the United former commander of U.S. Central IN THE HOUSE OF REPRESENTATIVES Nations negotiating blocs of Least Developed Command, has noted, ‘‘We will pay now Wednesday, December 16, 2009 Countries and the Alliance of Small Island to reduce greenhouse gas emissions Mr. SCOTT of Virginia. Madam Speaker, I States (AOSIS)—which together represent 80 . . . or we will pay the price later.’’ am honored to rise on behalf of myself, Con- countries least responsible for climate Again, we applaud your efforts at ad- change but most severely affected by it— gressman ROB WITTMAN and Congressman have recently called for a minimum 45 per- dressing the enormous challenge of cli- GLENN NYE to call attention to a group of cent reduction of greenhouse gas emissions mate change. As legislation moves to- young students from Hampton, Virginia, who below 1990 levels by 2020. They are further reward passage in the Senate, we sin- have once again distinguished themselves, questing that there be no more than a 1.5 cerely hope that it provides increased their school, their community and the Com- global temperature rise from pre-industrial commitments to the countries and peo- monwealth of Virginia.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.060 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3051 For the second consecutive year, the Phoe- port for the United States Department of Agri- ington County Community College with his bus High School Phantoms football team had culture, USD; Rural Electrification Administra- emphasis on volunteerism and the role of the a remarkable season. On December 12, the tion, REA; and as the Vice President/General college in the life of the local community. Phoebus High School Phantoms won their fifth Manager for an OEM manufacturer supplying Madam Speaker, please join me in honoring state football championship this decade, de- large sheet metal stamping dies and special William H. Cassidy for his life-long dedication feating Stone Bridge High School of Ashburn machinery to domestic and transplant auto as- and service to his community and the edu- 15–10, at Scott Stadium in Charlottesville, Vir- sembly plants in North America. cation of Maine’s students. ginia. Dave received his B.A. in Economics from f Taking over from coach Bill Dee, new head Hillsdale College in Michigan. He is from Day- IN HONOR OF MR. MARVIN N. coach Stan Sexton led the Phantoms another ton, and, as a native Ohioan, he has a special SCHOENHALS 15–0 season. Their winning streak now stands place in his heart for the Bengals, the Reds, at 30 wins. No other Group AAA school has and Skyline Chili. won back-to-back championships since Phoe- Madam Speaker, Dave is the first person HON. MICHAEL N. CASTLE bus did it in 2001 and 2002; now Phoebus has new employees meet on their first day, and OF DELAWARE done it again. This has truly been Phoebus’ the last person they see when they are leav- IN THE HOUSE OF REPRESENTATIVES decade in football, having won five state ing on their last day. Dave handles all the Wednesday, December 16, 2009 championships this decade with a record of Committee staff benefits and payroll, he main- Mr. CASTLE. Madam Speaker, it is with 120–12 (.909). No other AAA school has won tains our budget to ensure we’re on track, and great pleasure that I rise today to pay tribute more than 102 games. This latest champion- he makes sure that all our bills get paid. Dave to Mr. Marvin N. Schoenhals, former Chairman ship is just another accolade for the City of has provided a steady hand on the Commit- of the Wilmington Savings Fund Society Hampton’s youngest school, founded in 1975. tee’s financial tiller for these past 8 years, and (WSFS). Mr. Schoenhals, through his leader- Phoebus High’s legacy of excellence is not I want him to know how much I appreciate his ship, hard work and dedication, has accom- limited to just the field of athletics. Under the hard work. plished a great deal for the state of Delaware, Direction of Principal Robert Johnson, the I know Dave has wrestled with this decision, and I am honored to recognize him for his Phoebus faculty seeks to inspire students to and while I don’t expect him to turn into a achievements, both personal and professional. strive for excellence and achievement in the ‘‘Nature Boy,’’ I’m sure he’s looking forward to Skip joined WSFS in 1990 as President and classroom, in their extracurricular activities having a little more time to pursue his other Chief Executive Officer of both WSFS Finan- and in their communities. Phoebus has two in- hobbies and interests. cial Corporation and its principal subsidiary, novative programs that expand the learning I know that all of the Science and Tech- Wilmington Savings Fund Society, located in experience outside of the traditional class- nology Committee’s members and staff wish Wilmington, Delaware. He was named Chair- room. Phoebus hosts the Hampton School Di- him well. He’ll have more time to spend with man in 1992 and served in this capacity until vision’s Center for High Technology. This his lovely wife, Marsha, his children, Carrie, November 1, 2009, when Skip assumed the magnet career academy includes classes in David, and Brittany, his grandchildren Peter role of non-employee director. Skip’s nearly 20 pre-engineering, design and 2 drafting, and and Meredith, and his other family and friends. years as WSFS Chairman are marked by Cisco network administration, preparing stu- We hope Dave enjoys a relaxing retirement many noteworthy accomplishments; during his dents for college classes and jobs in the tech- filled with fishing, grilling, and listening to clas- tenure, Skip led the $3.6 billion financial serv- nology sector. Phoebus is also home to the sic rock. ices company to world class service levels Blue Phantom Inn. This student-run restaurant Dave, thank you again for your years of and significantly increased shareholder value. gives students an opportunity to develop their service. But Skip’s impact on others is not limited culinary arts skills, and was nationally recog- f solely to his professional career. He is a role nized in Southern Living magazine. model for others and is actively involved in his The Phantom’s excellence in football is also HONORING WILLIAM H. CASSIDY community, lending his knowledge and exper- characteristic of the quality of athletics in the tise to worthy causes and organizations. Skip Peninsula District of Virginia. Phoebus High HON. MICHAEL H. MICHAUD is Chairman of Vision 2015, a coalition of School’s championship this year marked the OF MAINE Delaware leaders working towards making 11th time in the last fifteen years that a Penin- IN THE HOUSE OF REPRESENTATIVES Delaware’s public education the best in the world. He serves on, and from 2003 to 2004 sula District team has won a state title in foot- Wednesday, December 16, 2009 ball. To quote from our hometown newspaper, was Chairman of, the Board of Directors of the the Daily Press, ‘‘High school football on the Mr. MICHAUD. Madam Speaker, I rise Delaware State Chamber of Commerce and is Peninsula is championship football.’’ today to recognize the accomplishments of also a member of the Delaware Business We would like to extend our enthusiastic William H. Cassidy of Calais, Maine. Roundtable, Chairman of its Education Com- congratulations to Coach Stan Sexton, his A native of Calais, Bill has dedicated himself mittee, and a Trustee, and former Chairman, coaching staff and all of the players on the to public education for the past 36 years, serv- of the Delaware Public Policy Institute. Phoebus High School Phantoms, the 2008 ing as president of Washington County Com- A cause very dear to Skip’s heart is the and 2009 Group AAA Division 5 Virginia High munity College since 2003. Under his strong Sunday Breakfast Mission, our state’s largest School League state football champions. leadership, the college added new academic shelter and rehabilitation facility. Each fall, programs, undertook significant capital im- f WSFS partners with the Sunday Breakfast provements and formed new partnerships with Mission to sponsor the Great Thanksgiving ON THE RETIREMENT OF DAVE many other universities and colleges in Maine Food Drive, and, as Chairman of the Mission, LAUGHTER and New Brunswick, Canada. Skip spearheads the effort, working diligently He has previously served in a number of on behalf of his fellow Delawareans. With HON. BART GORDON senior administrative posts within the Maine Skip’s direct involvement in this initiative, the OF TENNESSEE Community College System as an associate drive has experienced exponential growth, col- IN THE HOUSE OF REPRESENTATIVES commissioner within the Maine Department of lecting a total of 37 tons of food for 2008. In Education, director of the Waterville Regional 2009, Skip was awarded the Delaware State Wednesday, December 16, 2009 Vocational Center, and a teacher at the mid- Chamber’s Josiah Marvel Cup. This distin- Mr. GORDON of Tennessee. Madam dle, high school, and college levels. guished award is given annually in recognition Speaker, I rise today to recognize the service An accomplished academic, Bill holds cre- of outstanding contributions made to the state, of a valued staff member of the House Com- dentials from Northern Maine Technical Col- community and society; I applaud the Cham- mittee on Science and Technology, David lege, the University of Maine at Machias, ber’s selection of Skip for this recognition and Laughter, on his retirement. Husson College, the University of Maine and can say without hesitation that the honor Dave has served as Financial Administrator Nova Southeastern University. Bill has been which has been bestowed upon him is one he for the Committee since 2001. He has been recognized for his achievements and leader- most truly deserves. on the Hill since 1994, working for the House ship in collaborative international education, Skip’s career in the financial industry has Committee on Ways and Means and Con- receiving the Lady Dunn Award of Excellence been nothing short of exemplary, and anyone gressman DAN BURTON of Indiana. Before by the St. Andrews Campus of the New that knows Skip knows that he is, and no coming to the Hill, he served as the Deputy Brunswick Community College. Most impor- doubt will remain, very active in his many pro- Administrator for Management and Policy Sup- tantly, Bill has left a lasting mark at Wash- fessional, business, community, and advisory

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.063 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3052 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 organizations. Moreover, Skip is truly a great In 1971, Judge Foley received his Juris the students closely tied to their community guy—dedicated to his wife, Linda, and to his Doctor from the T.C. Williams School of Law and, as a result, only three percent of the stu- church. Today, I commend Mr. Marvin N. at the University of Richmond where he was dent body of 2,400 move away during high Schoenhals for the service which he has ren- the President of Phi Delta Theta legal frater- school, compared with the state average of 14 dered our state as not only Chairman of nity. From there he moved into private practice percent. Tinley Park is also home to many ex- WSFS, but as a caring and devoted member until 1974 when he was elected Common- ceptional citizens, including Olympic swimmer of our society. In recognition of his tireless wealth’s Attorney for Fauquier County Virginia. Christine Magnuson and former Major League dedication and immeasurable contributions, I Judge Foley served as a Commonwealth At- Baseball player Kevin Sefcik. thank Skip and offer my best wishes on this torney for 12 years until 1986 when he was f momentous occasion. appointed to the General District Court for the IRAN REFINED PETROLEUM f 20th Judicial District where he has served for the past 23 years. SANCTIONS ACT OF 2009 CAPTAIN BOB BERNAZAL All of his life, Judge Foley has been a posi- SPEECH OF tive influence on his community and his pro- HON. TED POE fession. In addition to being a founding mem- HON. CAROLYN C. KILPATRICK OF TEXAS ber of the Young Lawyers Conference of the OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES Virginia State Bar, he coached Youth baseball, IN THE HOUSE OF REPRESENTATIVES Wednesday, December 16, 2009 basketball and soccer for 15 years. He also Tuesday, December 15, 2009 served as a board member, and later, as Mr. POE of Texas. Madam Speaker, in July Ms. KILPATRICK of Michigan. Madam of 2008, a courageous mission was under- President of the Board of Directors of Fau- quier Hospital, Inc. He has been a member of Speaker, yesterday, the U.S. House of Rep- taken to rescue 15 hostages who were being resentatives voted and passed H.R. 2491, the held by the Revolutionary Armed Forces of the American Judges Association as well as the Warrenton Fauquier Jaycees. Iran Refined Petroleum Sanctions Act. While Colombia, known as FARC. Three of these Iran has been noncompliant with both United hostages were American civilians. The oper- I continue to be impressed by Judge Foley’s selfless contributions to his community in an States and United Nations demands that it ation was code named, Operation Willing Spir- stop nuclear enrichment efforts, I could not, in it, a perfect description of the valor dem- effort to enrich those lives around him. I urge my colleagues to join me in congratulating good faith, support this initiative. My vote of onstrated by all of the rescuers involved. Cap- ‘‘present’’ on this measure should not be inter- tain Bob Bernazal, a Kingwood, Texas native, Judge Charles Foley on his retirement from 36 years of public service. preted nor misunderstood about a lack of con- was especially vital to the success of the oper- cern regarding the prospect of a nuclear f ation in his role as the Information Operations armed Iran. It does not. Integration Strategy Division chief of the 612th PERSONAL EXPLANATION Like many of my colleagues, I have signifi- Air Operations Center. cant reservations regarding Iran’s violations of Captain Bernazal’s ability and dedication its obligations under the Nuclear Non-Pro- was clearly shown through his comprehensive HON. RICK LARSEN OF WASHINGTON liferation Treaty. The recent rejection by Iran planning of Operation Willing Spirit. The nine- of international organizations to inspect their IN THE HOUSE OF REPRESENTATIVES year Air Force veteran has proved a fine ex- nuclear capabilities and the threat of example of the aptitude of our Armed Forces by Wednesday, December 16, 2009 panded nuclear enrichment programs con- ensuring mission success. Mr. LARSEN of Washington. Madam Speak- tinuing unchecked practically mandate that He is praised by his superiors as an outer, I request that for rollcall vote #963, the Congress and President Obama continue to standing Information Operations expert, and is Marshall Amendment to H.R. 4173, I inadvert- work together. This combined effort must be recognized for the development and imple- ently voted ‘‘no’’ but I intended to vote ‘‘aye.’’ toward increasing pressure on Iran if multilat- mentation of a plan for utilizing IO duty offi- f eral diplomacy reaches no reward. Congress cers. We are fortunate to have great men like must support President Obama’s diplomatic Capt. Bob Bernazal at our side to outwit our IN RECOGNITION OF THE VILLAGE efforts to help curb Iran’s activities relating to enemies and protect our nation. OF TINLEY PARK, IL their nuclear program. Congress must also It is with great pride and admiration that the support this administration’s efforts to guar- Second District of Texas is able to commend HON. DEBORAH L. HALVORSON antee human rights and democracy for all Captain Bernazal as the Air Force-level Out- people, especially women, in Iran. Congress standing Information Operations Active Duty OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES must continue to forge with the President an Company Grade Officer of the Year. This all-out effort for diplomacy that is often difficult, Wednesday, December 16, 2009 Kingwood, Texas native is truly deserving of but necessary. this award as well as the respect of our na- Mrs. HALVORSON. Madam Speaker, today H.R. 2491, as enacted, could very well tion. We thank him for his service. He is a I rise to recognize the Village of Tinley Park in threaten the diplomacy sought by the Presi- great Texan and a true hero. Illinois, which was recently named ‘‘America’s dent. If enacted, the bill could punish the peo- f Best Place to Raise Your Kids’’ by Business ple of Iran who are suffering from its denial of RECOGNIZING JUDGE CHARLES Week Magazine. The village was recognized democracy. Over the past few months, we FOLEY primarily for its top-rated schools, low crime, have seen firsthand the discontent amongst beautiful parks, affordable housing, and easy Iranians with their government. As a nation, HON. ROBERT J. WITTMAN access to jobs. we have a responsibility to ensure that our Founded in 1892, Tinley Park rests just a policy decisions, particularly sanctions, are im- OF VIRGINIA Metra ride from the city of Chicago, and a plemented in a manner which does not det- IN THE HOUSE OF REPRESENTATIVES short drive from Illinois’ vast farmlands. Estab- rimentally impact those not at fault. Broad, Wednesday, December 16, 2009 lished on the Rock Island Railroad, Tinley wide-reaching sanctions on gasoline will not Mr. WITTMAN. Madam Speaker, I rise Park grew over the years through both agricul- only hit the people of Iran the hardest, but are today to recognize Judge Charles Foley on tural industries, including a grain elevator and unlikely to directly impact the government at the occasion of his retirement from the bench a windmill, and manufacturing plants, including all. I am not against sanctions. In fact, I think of the General District Court. Since 1986, a soft-drink bottling plant. The population grew sanctions in light of Iran’s dissonance are not Judge Foley has faithfully served the 20th Ju- slowly prior to World War II; however, it grew only appropriate but needed. However, tar- dicial District which includes the counties of rapidly after the war, doubling every decade geted sanctions that impact those with whom Fauquier, Rappahannock and Loudoun in Vir- from 1950 to 1980. we are at odds versus those that target an en- ginia. In recent years Tinley Park has grown in tire country are the best way to approach such Judge Foley was born in Richmond, Virginia recognition, with all three main high schools an important decision. and in 1968 he married Ms. Janice Foley, with ranking among the top 100 in the state. Stu- While it is essential to curtail nuclear threats whom he has two children, Page and James. dents of Andrew High School help at neigh- world-wide, sanctions must be seen as an op- Judge Foley graduated from the University of borhood shelters, libraries, and nursing homes tion only after diplomacy has failed. In his let- Richmond in 1968 with a Bachelor of Science through a requirement they complete 24 hours ter to the Senate Foreign Relations Committee in Business Administration. of community service. This requirement keeps last week, Deputy Secretary of State James

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0626 Sfmt 9920 E:\CR\FM\K16DE8.046 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3053 Steinberg stated that the Obama Administra- Madam Speaker, please join me in con- CONGRATULATING THE JOLIET tion was ‘‘entering a critical period of intense gratulating Ursuline Academy on yet another ARSENAL DEVELOPMENT AU- diplomacy to impose significant international State Championship. Go Lions. THORITY FOR BEING NAMED pressure on Iran,’’ and that sanctions, ‘‘might THE 2009 BASE REDEVELOPMENT weaken rather than strengthen international f COMMUNITY OF THE YEAR unity and support for our efforts.’’ As we proceed in these important times, we must do so WALL STREET REFORM AND CON- SUMER PROTECTION ACT OF 2009 HON. DEBORAH L. HALVORSON carefully, and in a manner that achieves the OF ILLINOIS desired short-termed effect while remaining in IN THE HOUSE OF REPRESENTATIVES SPEECH OF accord with our long-term goals. Wednesday, December 16, 2009 The decision whether to levy sanctions, par- HON. BETTY McCOLLUM ticularly in the face of potential threat to Mrs. HALVORSON. Madam Speaker, today OF MINNESOTA I rise to recognize the Joliet Arsenal Develop- peace, is of the utmost importance. Today, IN THE HOUSE OF REPRESENTATIVES H.R. 2194 was brought to the floor under ex- ment Authority (JADA) for being named the pedited procedures that limit debate and bar Friday, December 11, 2009 2009 Base Redevelopment Community of the Year by the Association of Defense Commu- amendments reserved for non-controversial The House in Committee of the Whole nities. I join the Association of Defense Com- legislation. While the bill received over- House on the State of the Union had under munities in honoring JADA for bringing perma- whelming support, it does not make the sub- consideration the bill (H.R. 4173) to provide nent jobs and revenue to the community in an ject matter any less controversial. for financial regulatory reform, to protect environmentally friendly manner. Iran has had decades of unilateral meas- consumers and investors, to enhance Federal understanding of insurance issues, to regu- JADA was created in 1995, after Congress ures with practically no effect. In order for any late the over-the-counter derivatives mar- passed legislation allowing the former Army sanctions to fully take effect, it must be multi- kets, and for other purposes: munitions facility in Joliet, IL, to be redevel- lateral. The unilateral approach of this legisla- oped with a transfer of ownership. The site tion, combined with the potential unintended Ms. MCCOLLUM. Madam Speaker, I rise in strong support of the Wall Street Reform and has been developed into the largest inter- consequence it may have for the people, and modal facility in the Nation. An intermodal in- the legislation’s curtailing the waiver authority Consumer Protection Act (H.R. 4173). This legislation will finally bring accountability to big volves the transportation of freight in a con- of President Obama so as to undermine the tainer or vehicle, using multiple modes of President’s flexibility and pursuit of a dual banks and ensure families are protected from high-stakes Wall Street speculation. I thank transportation without any handling of the track of diplomacy and unified multilateral freight itself when changing modes. The devel- pressure, are my reasons for my vote of Chairman FRANK, the House Leadership, and all of my colleagues who have worked to opment of the 3,000-acre site has already cre- present on this measure. ated 2,000 permanent jobs with approximately I look forward to working with my colleagues shape this important legislation. It was one year ago that our country’s finan- $150 million in annual wages. A portion of the to improve this legislation. My goal is to en- site will be devoted to a state-of-the-art facility sure that any sanction bill, signed into law, cial system stood on the brink of collapse. The failure of large financial institutions such as engineering training facility for the develop- protects the interests of the United States, en- ment of a range of engineering skills. There sures that the President can negotiate from a Bear Steams and Lehman Brothers quickly led to sinking home prices, a collapse in retire- remains enormous potential to create many position of strength along our international additional high-paying manufacturing and engi- ment savings, and job losses on a scale not partners, ensures that human rights and de- neering jobs at this site. seen since the Great Depression. Today this mocracy grow for the people of Iran, and pre- Throughout the process of this redevelop- vents another nation from being armed with Congress faces a choice. We can cling to the ment, special attention has been devoted to nuclear weapons. failed policies of lax regulation that nearly mitigating the environmental impacts of ammu- drove our economy off a cliff, or take decisive f nitions waste on the site. A dozen public and action to prevent another crisis of this propor- private agencies worked to clean up the site TRIBUTE TO THE CINCINNATI UR- tion by passing H.R. 4173. and provide quality groundwater and soil. SULINE ACADEMY GIRLS This legislation combines eight separate re- They finished this important work last year, VOLLEYBALL TEAM form measures into one comprehensive pack- three years ahead of schedule. age. H.R. 4173 establishes a new Consumer Will County and the Joliet area have greatly HON. JEAN SCHMIDT Financial Protection Agency to protect Ameri- benefited from the efforts of the Joliet Arsenal OF OHIO cans from unfair and abusive financial prac- Development Authority. It comes as no sur- tices and to bring needed transparency and IN THE HOUSE OF REPRESENTATIVES prise JADA is being recognized on the na- accountability to the financial system. It regu- tional stage as a leader in redevelopment. Wednesday, December 16, 2009 lates the exotic debt instruments that contrib- f Mrs. SCHMIDT. Madam Speaker, I rise uted to the unraveling of our financial markets. today to congratulate the Cincinnati Ursuline And this bill reigns in Wall Street excess by HONORING PAMELA THOMPSON Academy Girls Volleyball Team on winning the banning egregiously high executive bonuses Division I Ohio High School Athletic Associa- and giving shareholders input on executive HON. MICHAEL H. MICHAUD tion State Championship. This is Ursuline’s compensation. OF MAINE fourth state championship in volleyball. Ursu- In addition, H.R. 4173 will put an end to IN THE HOUSE OF REPRESENTATIVES line Academy also won state titles in 1975, ‘‘too big to fail’’ financial firms. American tax- Wednesday, December 16, 2009 payers should never again be called upon to 1993, and 2002. Mr. MICHAUD. Madam Speaker, I rise After a heartbreaking loss in last year’s rescue large financial institutions because their today to recognize the accomplishments of state championship game the young women of failure threatens to bring down the entire fi- Pamela Thompson. Ursuline entered the new season determined nancial system. This legislation creates a Dis- Pamela has been selected to receive the as ever to make the sacrifices needed to win solution Fund, paid for by the industry, which Presidential Awards for Excellence in Mathe- this year’s title. would be used to dismantle failing financial in- matics & Science Teaching. This prestigious At Wright State University’s Nutter Center stitutions in an orderly manner and without award distinguishes Pamela as one of the the Lions prevailed in the championship game taxpayer assistance. best elementary school science teachers in over an undefeated Dublin Coffman in four The Wall Street Reform and Consumer Pro- the nation. sets. Impressively, Ursuline never trailed the tection Act is vital to our economic security be- Pamela has been hailed for her enthusiasm, match until the third set. The Lions were led cause it will restore confidence in our financial knowledge and ability to instill a love of learn- by senior Jade Henderson of Loveland with 18 system—an essential step toward rebuilding ing in her students over her 27 dedicated kills and by senior Dani Reinert of Symmes our economy. Although this bill is not perfect, years of teaching the students of Madison, as Township with 48 assists. my constituents and all citizens across the na- well as her contributions to Maine’s overall Under the direction of Head Coach Jeni tion should recognize H.R. 4173 as a tremen- education system. Case, Ursuline finished the season with a per- dous step in the right direction. An exceptional science teacher, Pamela fect record of 29–0. Additionally, the Lions Once again, I thank Chairman FRANK for his constantly seeks methods to enrich her stu- captured the Girls’ Greater Cincinnati League leadership and I urge my colleagues to join dents’ grasp of complex ideas. She is com- Championship for the second straight season. me in supporting this important legislation. mended for deepening her own understanding

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.066 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3054 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 of science, learning and applying the best in- EARMARK DECLARATION oversaw the Committee’s budget. Jim was so structions and strategies available. Most im- talented, and his services so highly prized, portantly, Pamela listens intently to the needs HON. JOHN J. DUNCAN, JR. that he was retained by Chairmen Peter Ro- of her students and shares her awareness OF TENNESSEE dino, Jack Brooks and Henry Hyde. In 2001, with colleagues. IN THE HOUSE OF REPRESENTATIVES when the late Rep. Hyde became Chairman of Pamela is also credited with leading Maine what was then known as the House Inter- School Administrative District 59’s success in Wednesday, December 16, 2009 national Relations Committee, he asked Jim to obtaining and implementing two consecutive Mr. DUNCAN. Madam Speaker, consistent move with him and serve as financial clerk for science grants from the Maine Mathematics with House Republican Earmark Standards, I that Committee. There, Jim once again be- and Science Alliance. She has served on the am submitting the following earmark disclo- came an indispensable figure, helping to en- Leadership Design Team since its inception in sure information for project requests that I sure the smooth functioning of the Committee 2004, spearheading the integration of forma- made and which were included within H.R. and easing the transition to the late Chairman tive assessment probes, new science literature 3326, the ‘‘Department of Defense Appropria- Tom Lantos and, subsequently, to me. and science notebooks in a program that pro- tions Act, FY2010.’’ Mr. Farr has served the Congress under vides science kits to kindergarten through fifth Requesting Member: Congressman JOHN both Democratic and Republican leadership grade classes. She piloted the new strategies DUNCAN with great distinction and integrity. His service developed under the grants and shared her Account: OP—Army epitomizes the finest qualities of government successes with the K–12 Science Design Project Amount: $5,000,000 service. We are all grateful for that service Team, which led to the creation of a profes- Legal Name of Requesting Entity: TN Army and for the example he has provided to gen- sional development plan for the entire district National Guard, Houston Barracks, 3041 erations of new committee staff whom he has science staff. Sidco Drive, Nashville, Tennessee 37204 mentored. He will now retire and spend more Madam Speaker, please join me in honoring Description of Request: The funding would time with his family and more time on the Pamela Thompson for her life-long dedication be used to allow Army National Guard trainers farm, where third and fourth generations of the and service to her community and the edu- (both fielded and yet-to-be procured) to net- Farr family now reside. Thankfully, despite his cation of Maine’s students. work together on a Combined Arms virtual years of dedicated and impressive service, battlefield. Jim wears his years easily, and we wish him f f much good will as he pursues his favorite hob- HONORING THE BOURBON COUNTY bies of boating, fishing, and hunting. TRIBUTE TO MR. JAMES B. FARR Good luck and thank you Jim from a grate- HIGH SCHOOL BAND FOR WIN- ful House of Representatives. NING CLASS A CHAMPION IN THE BANDS OF AMERICA NATIONAL HON. HOWARD L. BERMAN f OF CALIFORNIA COMPETITION EARMARK DECLARATION IN THE HOUSE OF REPRESENTATIVES HON. BEN CHANDLER Wednesday, December 16, 2009 HON. DON YOUNG OF KENTUCKY Mr. BERMAN. Madam Speaker, on Decem- OF ALASKA IN THE HOUSE OF REPRESENTATIVES ber 31, 2009, the House of Representatives IN THE HOUSE OF REPRESENTATIVES will lose one of its most senior and valuable Wednesday, December 16, 2009 Wednesday, December 16, 2009 staff members—Mr. James B. Farr. Jim will be Mr. CHANDLER. Madam Speaker, I rise retiring after 38 years of service in the House Mr. YOUNG of Alaska. Madam Speaker, today to recognize the accomplishments of a of Representatives, during which time he pursuant to the Republican Leadership stand- special group of students in my congressional served on the Committee on the Judiciary ards on earmarks, I am submitting the fol- district. In November, the Bourbon County and, most recently, the Committee on Foreign lowing information regarding earmarks I re- High School Marching Colonels became Class Affairs, where he is the Financial Clerk. ceived as part of H.R. 3288, the Departments A champion at the prestigious Bands of Amer- Thirty nine years ago, as a young man from of Transportation, HUD, and Related Agencies ica Grand Nationals competition for the sec- southern Maryland, Jim decided to leave the Appropriations Act, 2010. ond year in a row, placing first out of 91 tobacco farm founded by his grandfather and Project Name: Maniilaq Association in marching bands from across the nation. I am seek a job on Capitol Hill. This was quite an Kotzebue, AK, for establishing a cancer treat- proud to be able to address the accomplish- adventure for a country boy who had grown ment center Bill Number: H.R. 3288 ments of such a talented group of students up tilling the land. Proudly, the farm is still in Legal Name and address of entity receiving who are more than deserving of our recogni- the family, but no longer grows tobacco. earmark: Maniilaq Association, P.O. Box 256, tion. Following his graduation from Prince Kotzebue, AK 99752 The Bourbon County High School Band, led George’s Community College with a degree in Description of how the money will be spent by directors Eric and Nadine Hale and Kevin personnel and business management, Jim and why the use of federal taxpayer funding is Akers, has enjoyed great success recently. In headed for Washington, D.C., where he land- justified: There are high rates of cancer addition to their national championship—a ed on the doorstep of Congressman Emanuel among AK Natives and a cancer center lo- prize considered to be the most prestigious Celler from Brooklyn and Queens, New York, cated in rural Alaska would allow for award a marching band can win—they won the longtime former Chairman of the House screenings, early detection and local treat- the Class AAA title at the Kentucky Music Judiciary Committee. Jim was hired by Mrs. ment. Educators’ Association championship just one Dick, the Staff Director of the Committee, and Appropriated Amount: $500,000 week earlier. At the national championship, began working as a clerk in the publications Detailed Finance Plan: Equipment $500,000 the 80-member band had the honor of per- office where he sorted mail, answered the Project Name: Denali Commission in An- forming for 25,000 people at Lucas Oil Sta- phones, referred bills and assisted in hearing chorage, AK, to support health projects and dium in Indianapolis. Winning one champion- preparation. It was shortly after his arrival on economic development activities for the arctic ship would be quite an accomplishment for the Hill that he met his future wife, Christine region any band, but that the Bourbon County Band Lynn Wills, who had moved to the Wash- Bill Number: H.R. 3288 has now won back-to-back national titles ington, D.C., area from West Virginia. Chris- Legal Name and address of entity receiving shows just how talented this group of young tine Lynn and Jim have been married for 31 earmark: Denali Commission, 510 L Street, men and women is. years and have two lovely daughters— Suite 410, Anchorage, AK 99501 Madam Speaker, the Bourbon County Michelle and Jennifer. Description of how the money will be spent Marching Colonels’ unprecedented success is Jim’s career on the Hill also progressed. In and why the use of federal taxpayer funding is truly deserving of praise and recognition. I be- February 1973, he became the Judiciary Com- justified: The funding would be used to sup- lieve that educating our young adults in music mittee’s publications clerk, where he was report health projects and economic develop- and the arts is important in continuing to foster sponsible for maintaining the Committee’s ment activities for the arctic region under the our great American culture, and it is with great documents. Three years later, Jim was pro- Denali Commission Act of 1998. pride that I rise today to acknowledge the suc- moted to be the Committee’s financial clerk Appropriated Amount: $10,000,000 cesses of these extremely talented and ac- where, under the guidance of the Committee Detailed Finance Plan: Programming complished young men and women. Chairman, he prepared, maintained and $10,000,000

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.069 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3055 THIS HANUKKAH—IN HONOR OF Watching them from Heaven, The Angel’s Wisconsin. Ms. Nesbit was recently awarded ALL OUR ARMED FORCES AND tear drops fall . . . the 2008 Presidential Award for Excellence in THEIR FAMILIES THIS HANUK- Lord God, Lord God . . . Bless Them . . . Mathematics and Science Teaching. The KAH Bless Them All! For So Many, So Few Have But Paid The Presidential Award for Excellence in Mathe- Cost! matics and Science Teaching Program recog- HON. KENDRICK B. MEEK So bore the burden, so carry that cross! That nizes outstanding teachers across the country OF FLORIDA cross of war! for their contributions to the academic and IN THE HOUSE OF REPRESENTATIVES This Hanukkah, as you hold your families personal development of students in science tight . . . and all seems so very right and mathematics. Wednesday, December 16, 2009 ... Ms. Nesbit has been an educator for 23 Mr. MEEK of Florida. Madam Speaker, I rise As you see all those smiles on your chil- years. She has taught in the Franklin Public today with a poetic tribute in honor of our dren’s faces, as these sacred nights School District since 1990, and currently magnificent Armed Forces and their splendid races . . . Give thanks, Give praise . . . as upon your teaches first grade at Pleasant View Elemen- families this Hanukkah, and holiday season. knees you pray . . . tary School. The education of our youth is And for all of the ones who are so separated For all of those families, whose sacrifice . . . very important to the continued success of our by the miles so very far across the shores. the blessings of freedom, they gave! communities and our country. It is through the Our hearts, especially go out to all of those On This Hanukkah, in this The Kindling . . . dedication of teachers such as Ms. Nesbit that families who have lost their greatest loves of as each new candle you light . . . students and are well-equipped with the all, in the defense of our Nation. And to all of Eight days of prayer and gratitude, in this knowledge and skills they need for their future. those recovering from the grave wounds of joist Festival of Lights . . . On behalf of those I represent in the 1st war we pray for their speedy recovery. Bless A time for families to celebrate, to remember how miracles can burn so bright District of Wisconsin, I extend my gratitude them all! I ask that this poem penned by Al- ... and congratulations to Ms. Karen Nesbit. bert Caswell be placed in the RECORD in Remembering too, our Armed Forces mir- f honor of them as follows: acles of sacrifice . . . THIS HANUKKAH This Hanukkah! FIRST FLIGHT OF THE 787 This Hanukkah . . . f DREAMLINER As the family gathers round . . . All in This Festival of Lights to be found THE SKYLINE SPARTANS HON. JAY INSLEE ... OF WASHINGTON All in this time of remembrance, as de- HON. DAVID G. REICHERT scribed in the Talmud of long . . . long IN THE HOUSE OF REPRESENTATIVES OF WASHINGTON ago . . . Wednesday, December 16, 2009 With eights days of light and remembrance, IN THE HOUSE OF REPRESENTATIVES Mr. INSLEE. Madam Speaker, I want to rec- of events so miraculous so . . . Wednesday, December 16, 2009 As the children dance with songs of joy, and ognize the Boeing Co. on their first flight of the the love of your family grows . . . Mr. REICHERT. Madam Speaker, today I 787 Dreamliner. This successful flight marks Reciting Hallel prayer, and the games, as the rise in recognition of a high school football an important milestone in the development of Dreidels spin there so . . . program located in my District—the 8th of the 787 Dreamliner, and represents the collec- We should also remember, this other miracle Washington—that won the 4A State title on tive efforts and hard work of everyone at the of all of those . . . Saturday, December 5, their third in a row. Boeing Company, particularly the dedicated THE MIRACLE OF OUR ARMED FORCES, The Skyline Spartans (12–2), located in Boeing employees who live in my district. The SELFLESSNESS SO! Of All Those families! Those Patriots of Sammamish, Washington—and competing in 787 Dreamliner is airplane that is not only Peace, of all of these . . . the KingCo 4A League, Crest Division—de- much more efficient than any other airplane on The ones, who will not together be . . . feated the Ferris Saxons, 45–21 at the Ta- the market, but also represents a new genera- Who upon battlefields of honor fight . . . coma Dome to win the 2009 State 4A Cham- tion of technologically advanced commercial So far away from our Country Tis of Thee, pionship. The win marked the third straight airplanes that will change the future of com- on this night . . . State title win for Skyline. I offer my congratu- mercial aviation. Men and Women of honor bright, who for all lations to the entire team and team captains f of us so carry on that fight . . . Anthony De Matteo, Cooper Pelluer, Jake Who live with such heartache and death, as SPIRIT OF TOURISM AWARDS on each new day our lives they bless Heaps, Jase Butorac and Tommy Aarts. ... I also want to thank head coach Mat Taylor And all of those ones, whose greatest of all and his assistant coaches, Steve Chmiel, Tom HON. NICK J. RAHALL II loves . . . now lie in soft quiet graves Collins, Jeff Johnson, Bruce Hasson, Kyle OF WEST VIRGINIA ... Snell, Ryan Thorsen, Brett VanVoorhis and IN THE HOUSE OF REPRESENTATIVES Precious Daughters and Sons, Husbands and Evan Flay for providing wonderful examples Wednesday, December 16, 2009 Wives . . . for their players and dedicating many hours to Brother and Sisters, Fathers and Mothers the teaching and training of a group of tal- Mr. RAHALL. Madam Speaker, I rise today who gave . . . to offer congratulations to several of West Vir- The greatest of gifts, That Last Full Meas- ented young athletes. Our communities and ure . . . as did they! our young people are better off with the influ- ginia’s most dedicated and hardworking indi- Whose loved ones pain, can not be healed by ence you provide. Thank you for your service. viduals. On December 1, 2009, several indi- time . . . nor so divided this day . . . Congratulations and thanks also go out to viduals were honored for their role in enhanc- As on this joist holiday season, they sit with Principal Lisa Hechtman, Athletic Director ing tourism to Greenbrier County when the tears in eyes do they . . . Kevin Rohrich and all the teachers at Skyline. Greenbrier County Convention and Visitors With one less place at the dinner table set Enjoy another football championship and know Bureau (CVB) presented their fourth annual . . . with all of this grieving so yet! that your community, your students and your Spirit of Tourism Awards. And all of those who have come home, with- The Greenbrier County CVB presented four out arms and legs . . . student-athletes all appreciate your efforts and Inspiring us with their courage they! sacrifices. Go Spartans! awards to honor people who have made a dif- Blessing us all, but with all those fine gifts f ference in the local economy through enhanc- of selflessness conveyed! ing local tourism. The Spirit of Tourism Making us all so see, just how magnificent IN HONOR OF MS. KAREN NESBIT Awards recognize residents that have made a and inspiring a heart can be! significant impact on the tourism industry in And all of those who have loved ones, far HON. PAUL RYAN the areas of tourism development, vol- across the shores . . . OF WISCONSIN unteerism, securing a convention or meeting As each new day, but brings to them such to the area, and excelling at partnering with great worry so for sure . . . IN THE HOUSE OF REPRESENTATIVES the Greenbrier County CVB. But, waiting . . . but waiting for, that dread- Wednesday, December 16, 2009 ed knock on the door . . . This year’s Greenbrier Award recipient was That phone call, that they so now pray not Mr. RYAN of Wisconsin. Madam Speaker, I awarded to Jim Justice for his hard work and for . . . would like to take this opportunity to recognize dedication since his purchase of ‘The Quiet Heroes, one and all! and congratulate Ms. Karen Nesbit of Franklin, Greenbrier’ earlier this year. Mr. Justice has

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.074 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3056 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 made significant developments since then with and stellar defensive play only continue that Williams, Brandon Bussiere, Willie Jefferson, the development of a new restaurant, Prime legacy. These young men have well rep- Brandon Beasley, Dan Atkins, Alex Barbour, 44, The Tavern Casino, and the announce- resented the mountains of Western North Vivek Patel, Justin Sanders, Jim Abdalla, An- ment of the new PGA Tour ‘The Greenbrier Carolina throughout their drive to this year’s thony Crumity, Shawn Williams, Blake Ingram, Classic’. Mr. Justice has worked hard to im- State Football Championship. It is my privilege Shaun Write, Josh Barbour, Matt McClendon, prove ‘The Greenbrier’ all the while increasing to recognize their accomplishments today in Rohelio Morales, Mitch McLamb, Marcus tourism to the county and state. this chamber. Faison, Aaron Anderson, Unek Lloyd, Matt Russell Williams and Annamarie Visclosky Madam Speaker, I ask my colleagues to join Stanley, RonJonek Gill, Dan Stanley, John were this year’s recipients of the Greenbrier me in expressing our congratulations to this Jefferies, Javonte Burns, Woody Thornton, County Ambassador Award, which honors group of young men and their coaches for Johntavious Chrisp, Jon Farmer, Tyler Ben- those who have assisted the tourism commu- their accomplishments on the football field this son, Devon Smith, Pat Dunigan, Stacy Thorn- nity by going above and beyond the call of season. ton, Mike Purvis, Erasto Simmons, Jovonte duty. Mr. Williams and Ms. Visclosky have f Cox, Trevor Beasley, Adam Hockaday, and spearheaded a number of impressive activities Tyvon Small. in the community, including the Lewisburg REINTRODUCTION OF THE REVI- South Johnston Head Coach Joe Salas and Chocolate Festival, Carnegie Hall’s Taste of TALIZING CITIES THROUGH his great team of assistant coaches worked Our Towns, and the Rhythm and Blues Fes- PARKS ENHANCEMENT (RECIPE) tirelessly behind the scenes and are the archi- tival. ACT tects of the behind the team’s success. The State Fair of West Virginia was named I am proud to have the honor of rep- as this year’s recipient of the Hometown Hero HON. CAROLYN B. MALONEY resenting this outstanding high school and I Award, which recognizes an individual or OF NEW YORK ask my colleagues to join me today in hon- group that has gone above the call of duty in IN THE HOUSE OF REPRESENTATIVES oring these fine young athletes. securing conferences or meetings in Wednesday, December 16, 2009 Greenbrier County. Board Member Kathryn f Tuckwiller accepted the award of behalf of the Mrs. MALONEY. Madam Speaker, I strongly State Fair of West Virginia. believe that open spaces and community TERRORISTS BELONG AT GITMO, The Friend of Tourism Award is chosen by parks are a critical part of urban infrastructure. NOT A NEIGHBORHOOD JAIL the Convention and Visitors Bureau to recog- That’s why today I am reintroducing the Revi- nize an individual or group that has excelled in talizing Cities Through Parks Enhancement HON. LAMAR SMITH promoting tourism in partnership with the Bu- (RECIPE) Act, that would establish a $10 mil- OF TEXAS reau. This year’s winner was Brier Properties lion grant program for qualified, non-profit, IN THE HOUSE OF REPRESENTATIVES which was recognized for their significant hotel community groups, allowing them to lease mu- Wednesday, December 16, 2009 development in the area and their outstanding nicipally owned vacant lots and transform willingness to partner with the Greenbrier these areas into parks. Parks and gardens Mr. SMITH of Texas. Madam Speaker, the County CVB in marketing initiatives. created with the grants will not only provide Obama Administration has announced its plan Madam Speaker, I ask that my distinguished safe places to gather, but will increase prop- to transfer 75 Guantanamo Bay detainees to colleagues join me in congratulating the win- erty values as well. The grants will be avail- the United States. ners of this year’s Spirit of Tourism Awards able from the Secretary of Housing and Urban The Administration claims that transferring who have contributed in unique ways to the Development to groups who have met stand- these detainees from Guantanamo Bay will growth and development of the economy in ards of financial security, and who have his- somehow lessen al Qaeda’s desire to attack the Third Congressional District of West Vir- tories of serving their communities. To further America. But a change in location of detainees ginia—a district that I am very proud to rep- ensure that these grants are used to make is not going to reduce terrorists’ hatred of resent here in Washington, DC. lasting positive changes, land improved and America. f made into open community space under this However, the transfer of any Gitmo detainee legislation must be available for use as open to the U.S. will give them additional constitu- HONORING A.C. REYNOLDS HIGH space from the local government for at least tional rights, making it harder for prosecutors SCHOOL FOR THEIR VICTORY AT seven years. to obtain convictions. THE NORTH CAROLINA STATE f The Administration claims that it can detain FOOTBALL CHAMPIONSHIP these terrorists indefinitely. But many agree CONGRATULATING THE SOUTH this is an impossible goal. Civil liberties groups HON. HEATH SHULER JOHNSTON HIGH SCHOOL 2009 were quick to point out that indefinite detention VARSITY FOOTBALL TEAM OF NORTH CAROLINA inside the United States without a trial is little IN THE HOUSE OF REPRESENTATIVES more than a change in zipcode. It is clear to all but those in the Administra- Wednesday, December 16, 2009 HON. BOB ETHERIDGE OF NORTH CAROLINA tion that this decision will likely result in the al- Mr. SHULER. Madam Speaker, I rise today IN THE HOUSE OF REPRESENTATIVES most immediate challenge to detention as to honor the recent accomplishments of the Wednesday, December 16, 2009 soon as these terrorists arrive in Illinois. A.C. Reynolds High School football team, the The Guantanamo Bay facility in Cuba, not a Rockets. Mr. ETHERIDGE. Madam Speaker, I rise to prison in America’s heartland is the right place On Saturday, December 12, the Rockets ay to congratulate the South Johnston High for terrorists. won the North Carolina 4–A State Football School Trojans football team in Four Oaks, Championship against Hartnett Central High North Carolina for a historic season and trip to f School, with a score of 14–13. They finished the 3–AA North the season with a record of fourteen wins and Carolina High School Athletic Association 225TH ANNIVERSARY OF TREN- only two losses. A.C. Reynolds is the first high State Championship football game this past TON’S TIME AS CAPITAL OF THE school in the history of Buncombe County to Saturday, December 12, 2009 at Kenan Sta- UNITED STATES win three State High School Football Cham- dium in Chapel Hill. South Johnston finished pionships in 1999, 2002 and 2009. the season with an impressive record of 14 HON. RUSH D. HOLT I especially wish to congratulate A.C. Rey- and 2 and were the 2009 Conference and 3– OF NEW JERSEY nolds Head Football Coach, Shane Laws. I AA Regional Champions. This is the third con- IN THE HOUSE OF REPRESENTATIVES know from experience that teams do not rise ference title for South Johnston, the first ever to this level of success without a strong coach. appearance in the third round of Regionals Wednesday, December 16, 2009 It takes a great leader to instill the determina- and the school’s first trip to the State Finals. Mr. HOLT. Madam Speaker, I rise to com- tion and work ethic that lead to victories on I am extremely proud of the dedication, de- memorate the 225th anniversary of the city of the football field. termination, sportsmanship, and discipline of Trenton’s tenure as the capital of the United The A.C. Reynolds Rockets Football team is this talented football team. The members of States. known throughout the mountain area for their the 2009 team are to be commended for their Students of American history are familiar strong defense. This season’s championship drive and perseverance. They include Dee with the Compromise of 1790. James Madison

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.078 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3057 and Thomas Jefferson won permanent resi- tion’s Capital Committee, for their excellent HONORING BALBINA ‘‘BARBIE’’ dence for Congress on the Potomac in ex- work, schedule event and lectures and pre- HERNANDEZ change for the Federal Government’s assump- paring exhibits and online resources to bring tion of State debts from the Revolution—a pri- to life this fascinating yet fleeting moment in HON. CHARLES A. GONZALEZ ority of Alexander Hamilton. What followed American history. Trenton was then and is OF TEXAS was the Residence Act, which established today a town with great appeal. IN THE HOUSE OF REPRESENTATIVES what we now know as the District of Colum- Wednesday, December 16, 2009 bia. f What is less understood is the capital’s jour- Mr. GONZALEZ. Madam Speaker, on De- cember 11, 2009, San Antonio lost a great ney through eight other towns, the abandoned IN RECOGNITION OF PATRICK W. proposals and the near-misses before Con- public servant when Balbina ‘‘Barbie’’ Her- HENNING’S OUTSTANDING CA- nandez passed away at the age of 62. I ask gress settled here on the Potomac. During the REER OF PUBLIC SERVICE Revolutionary War, Congress moved fre- my colleagues to join me in honoring Barbie quently to avoid British troops—meeting fa- Hernandez as we celebrate her life, which was mously in Philadelphia then in Baltimore, York, HON. GEORGE MILLER highlighted by decades of community service, and Lancaster. Upon ratification of the Articles philanthropy, and leadership. of Confederation, Congress returned to Inde- OF CALIFORNIA Balbina Hernandez was born on November 2 and was named after her paternal grand- pendence Hall only to be removed abruptly in IN THE HOUSE OF REPRESENTATIVES the summer of 1783. mother. She was nicknamed ‘‘Barbie’’ in high That June, approximately 500 mutinous Wednesday, December 16, 2009 school and was by known by this name the Pennsylvania militiamen demanding back pay rest of her life. She was an active member of her commu- from their service during the Revolution, encir- Mr. GEORGE MILLER of California. Madam nity, serving countless organizations and cled Independence Hall and refused to let Speaker, I rise to offer the following statement, served the City of San Antonio for 18 years, Members of Congress leave the building unin recognition of Patrick W. Henning upon his which included being part of then Mayor Henry less their demands were met. Uncertain of retirement, on behalf of myself and the fol- Cisneros’ administration. As a single parent, their safety and the integrity of Congress, the lowing members of the California congres- Barbie passionately worked to be a role model delegates fled across the Delaware to Prince- sional delegation: Representatives PETE for young women and boldly carried a red ton, New Jersey. STARK, HOWARD BERMAN, SAM FARR, LYNN In Princeton, Congress redoubled its efforts purse to remind people of the disparity in pay WOOLSEY, ZOE LOFGREN, ANNA ESHOO, HENRY between men and women. Also, as a proud to select a permanent seat of government. To WAXMAN, DORIS MATSUI, JERRY MCNERNEY, settle regional animosity, Congress agreed on Vok, Barbie was dedicated to Lanier High JIM COSTA, BARBARA LEE, GRACE NAPOLITANO, two permanent capitals on the Delaware and School and worked to make a difference for LAURA RICHARDSON, BRAD SHERMAN, MIKE Potomac, while designating Annapolis and the students attending her alma mater. ´ After working tirelessly to earn her bach- Trenton as interim capitals. HONDA, LINDA SANCHEZ, JOE BACA, and other On November 1, 1784, Congress convened colleagues. elor’s degree from the University of the Incar- nate Word she set out to work for the Mexican in Trenton. Travel-weary legislators reluctantly We rise in honor of Patrick Henning, upon American & Hispanic Physicians Association, trickled into Trenton—then a town of roughly his retirement from public service as the direc- MAHPA, as Executive Director. At MAHPA, 500 people—and it began official business at tor of California’s Employment Development the French Arms Tavern on the corner of War- Barbie took great joy in working to make col- Department, EDD. With nearly 40 years of ex- lege and medical school a reality for so many ren and State Streets. perience in the field of labor, Mr. Henning When Congress finally reached a quorum kids. brought to his office a deep and unmatched The City of San Antonio and the State of on November 29 it considered matters of for- commitment to strengthening California’s Texas feel a little emptier now, but we have all eign affairs and finance, appointing ministers workforce. lived richer, better lives because of the life of to Britain and France and selecting commis- Balbina ‘‘Barbie’’ Hernandez. Her life may sioners to the Board of Treasury. Throughout his career, Mr. Henning has The highlight of Trenton’s time as the capital worked to improve the lives of California’s have ended, but her contributions will live on and generations shall enjoy the fruits of her was a visit by the Marquis de Lafayette. Dur- workers—from his early days as a union orga- labor. ing his visit he petitioned Congress to take of- nizer to his appointment to one of the state’s f ficial leave to France and addressed a joint largest Departments. session of the New Jersey State Legislature. Prior to joining the Employment Develop- STOP ANY TARP EXTENSION ACT In honor of Lafayette, one of George Washing- OF 2009 ton’s most trusted generals, Congress drafted ment Department, Mr. Henning served the a letter to the King of France praising Lafay- California Legislature for 17 years as a key labor policy consultant—first in the Assembly, HON. BRAD SHERMAN ette’s service and passed a resolution com- OF CALIFORNIA and then in the Senate’s Labor and Industrial mending Lafayette for his bravery during the IN THE HOUSE OF REPRESENTATIVES siege of Yorktown. Relations Committee headed by now-Sec- As the session concluded before Christmas, retary of Labor Hilda Solis. In the early 1980s, Wednesday, December 16, 2009 Congress scrapped the plan for two capitals Mr. Henning served as California Labor Com- Mr. SHERMAN. Madam Speaker, I have co- and took up a resolution to establish a perma- missioner, and later as a member of the Agri- sponsored the Stop Any TARP Extension Act nent capital in Trenton. Unfortunately for Tren- cultural Labor Relations Board. As a union of 2009. The position of the Treasury Depart- ton, debate stalled, and on Christmas Eve representative in Southern California in the ment—that it is free to reuse any repaid TARP Congress agreed to meet in New York City 1970s, Mr. Henning helped hundreds of work- funds—is entirely contrary to the law. Due to the Department’s unwillingness to adhere to after the New Year. ers bargain for improved wages, benefits, and The rest as they say is history. The bustling, the statutory language of the Emergency Eco- working conditions. city life of New York was more appealing to nomic Stabilization Act of 2008, it is necessary Members of Congress than the calm of small- Other major achievements include his ten- to terminate that Act. town Trenton. They quickly forgot their plans ure as chair of the state Developmental Dis- My office has inquired with the Treasury De- and continued to meet in New York until 1790. abilities Area Board for Los Angeles County. partment as to whether it possesses any legal Still, Congress’s brief visit to Trenton offers He also served several years in the United opinion justifying the recycling of funds repaid a fascinating glimpse into the early history of States Marine Corps Reserve. by the banks. It should be noted that the De- the United States and should remind us that partment has hundreds of lawyers and rarely Without a doubt, California’s working fami- the remarkable Capitol building in which we does anything without a legal opinion, certainly conduct the people’s business should not be lies have benefited from Mr. Henning’s life- not anything involving hundreds of billions of taken for granted. long contributions to the labor field. We would dollars. The Treasury Department refused to I commend the Crossroads of the American like to thank Mr. Henning for everything he provide any legal opinion to Congress, imply- Revolution National Heritage Area, the Tren- has achieved for California’s workers, and we ing that this is a case where he cannot find ton Historical Society, and the other organiza- give him our very warmest wishes for many even one Department lawyer to reach the con- tions that make up Trenton 1784—The Na- happy years of retirement. clusion the Department would prefer.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.083 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS E3058 CONGRESSIONAL RECORD — Extensions of Remarks December 17, 2009 Terminating TARP today will immediately re- RECOGNIZING THE IMPORTANCE our region. Today, $80 billion in commerce turn more than $300 billion to the general OF TRADE TO THE UNITED flows through the Port each year. Total ex- treasury. This will give us the fiscal capacity to STATES ECONOMY AND THE IM- ports from New Jersey have increased by $8.1 take the actions necessary to fight the great PORTANCE OF PASSING FREE billion over the past five years. recession and get Americans back to work. I TRADE AGREEMENTS WITH CO- In fact, the latest data has shown that LOMBIA, SOUTH KOREA, AND 130,500 jobs in New Jersey depend on trade. voted to enact the American Recovery and PANAMA Of these, 50,500 are manufacturing jobs. In- Reinvestment Act of 2009 in February and deed, approximately one of every six manu- would be willing to support well designed job- facturing jobs in New Jersey is directly con- creation programs again today. HON. RODNEY P. FRELINGHUYSEN OF NEW JERSEY nected to trade. In addition, small businesses, A disadvantage of keeping TARP alive is IN THE HOUSE OF REPRESENTATIVES America’s job creators, would be among the major beneficiaries of U.S. initiatives to reduce that the administration may select job-creating Wednesday, December 16, 2009 programs based upon whether they somehow foreign barriers to our exports. Mr. FRELINGHUYSEN. Madam Speaker, Understandably, there is a high level of job- fit a contrived and expanded interpretation of the Department of Labor has recently an- related anxiety in America today. This appre- the TARP statute, rather than whether they nounced that unemployment across the coun- hension is fueling the rise of protectionism. constitute the best job creation strategy. Once try remained at double-digits and many states The President and the Congressional leader- the TARP funds are returned to the treasury, have followed with their own bleak statements ship apparently now believe that defeating or Congress should immediately consider job- of jobs being eliminated and families strug- delaying these trade agreements will some- creating and recession-fighting bills. gling. how shield American jobs. To the contrary, These continued job losses demonstrate the discarding these pending trade agreements f need to approve and implement three free will deny American businesses the opportunity trade agreements—Colombia, South Korea to create or grow high quality private sector THE SCHOOL PRINCIPAL RECRUIT- and Panama—that can and will ‘‘save and cre- jobs here at home and cede these markets to MENT AND TRAINING ACT OF ate’’ high value private sector jobs for Ameri- our allies and adversaries! 2009 cans. Madam Speaker, there is no doubt that Bei- Since 2005, 64 trade pacts have taken ef- jing, Ottawa, Tokyo and our EU friends under- fect across the globe. The U.S. is a party to stand the importance of trade. Our economy HON. SUSAN A. DAVIS only five—with Australia, Bahrain, Morocco, and, most importantly, our workers, are paying Oman and Peru. During the same time frame, an incredibly high price for enacting these OF CALIFORNIA Japan has signed nine and the European trade agreements. I urge the adoption of this IN THE HOUSE OF REPRESENTATIVES Union (EU), which already has liberalized resolution and the immediate ratification of the trade practices among its 27 member states, Colombia, Panama and South Korean free Wednesday, December 16, 2009 has signed eight. trade agreements. Mrs. DAVIS of California. Madam Speaker, And yet, pending free trade agreements with f research shows that school leadership can be Colombia, Panama and South Korea that will tear down barriers to our products languish in RECOGNIZING THE SERVICE OF one of the most positive and effective factors the United States Congress. Unfortunately, JAMES J. CORNELL, INSPECTOR in improving student learning. In fact, a strong there has not been a debate in Congress on GENERAL OF THE U.S. HOUSE OF school principal is often the principle reason the ratification of these agreements. REPRESENTATIVES behind a successful, well-functioning school When visiting South Korea in November, the that attracts and maintains quality instructors. President indicated that the U.S. would move HON. ROBERT A. BRADY In high-need schools, strong school leadership forward on the pending U.S.-South Korea free OF PENNSYLVANIA is especially crucial. trade agreement (KORUS FTA). This is a IN THE HOUSE OF REPRESENTATIVES pact, signed over two years ago, which will vir- When the No Child Left Behind Act is reau- Wednesday, December 16, 2009 tually eliminate remaining tariffs between our thorized, the federal government will look to two economies. It also takes aim at non-tariff Mr. BRADY of Pennsylvania. Madam provide additional resources to help high-need barriers such a Seoul’s burdensome safety Speaker, on behalf of myself and Congress- schools improve student achievement. With a standards that many U.S. businesses have man DANIEL E. LUNGREN of California, I want strong and inspirational principal at the helm, been unable to meet and, thus, gain access to to call to the attention of my colleagues a let- a high-need school will be more likely to the growing Korean market. ter we recently sent to the Speaker regarding achieve success. As the U.S. stalls, the EU is moving to fill the retirement of Mr. James J. Cornell from the post of Inspector General of the House of Representative TODD RUSSELL PLATTS and I the void. It is actively negotiating with South Korea, using many of the same principles and Representatives. I enclose the letter here for are introducing the School Principal Recruit- goals that our trade officials used years ago. your consideration. ment and Training Act of 2009 to put the na- In fact, there are credible estimates that the HOUSE OF REPRESENTATIVES, tion on the right track toward creating a new U.S. will lose 345,000 jobs if it fails to imple- COMMITTEE ON HOUSE ADMINISTRATION, Washington, DC, December 16, 2009. generation of effective school leaders. The ment the KORUS FTA! legislation provides competitive grants to re- Hon. NANCY PELOSI, Likewise, it has been nearly 1,100 days Speaker, House of Representatives, The Capitol, cruit and train high-caliber aspiring and current since President Bush sent a final U.S.-Colom- Washington, DC. principals to lead high-need schools and stay bia free trade agreement to Congress for im- DEAR MADAM SPEAKER: The Inspector Gen- in their positions. plementation. In the meantime, the Canadians eral of the House of Representatives, Mr. have completed their own deal with Colombia James J. Cornell, will be retiring on January As part of the training, principals will be which will ultimately disadvantage our manu- 2, 2010, after a long and distinguished career mentored by other successful school leaders, facturers and our farmers. in service to the United States. His exemplary career spans 31 years, including nearly and they will receive on-going education even So, as Congress places us firmly on the after their placement. The legislation includes six years with the House. Jim is a perfect ex- sidelines, Canada, the EU, China and other ample of the exceptional public servants who a data and reporting component so successful commercial competitors are taking the field labor in the fields, absent the fanfare, but outcomes can be disseminated and replicated and our business. without whom this institution would not at other high-need schools. This is not some dry, theoretical debate for function. Jim’s commitment to excellence will be missed, but his legacy as Inspector Madam Speaker, I urge consideration of this my home state of New Jersey. Our businesses, large and small, and their workers, General of the House of Representatives will legislation as we continue the effort to improve have a great deal riding on these agreements have an enduring, positive impact on the in- education in the United States and close the and others yet to be reached. They will create stitution. Achievement Gap. One of the objectives of the Office of In- jobs here in America, in general, and in New spector General is to produce value-added re- Jersey, specifically. views and analyses which have improved For example, the Port of New Jersey and House financial management, administrative New York is a major international gateway for processes, workplace safety and security—be

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0626 Sfmt 0634 E:\CR\FM\A16DE8.086 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS December 17, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E3059 it physical, informational or technological. NATIONAL MEDIA SPELL School Trojans football team in Angier, North Jim’s creation of an advisory services divi- ‘SCANDAL’ WITHOUT THE ‘D’ Carolina, for their historic season and trip to sion has expanded the types of value-added the North Carolina High School Athletic Asso- services provided by the Office of Inspector General. HON. LAMAR SMITH ciation State Championship football game this OF TEXAS past Saturday, December 12, 2009 at Carter Further, Jim’s efforts to train House Offi- Finley Stadium in Raleigh. Saturday marked cers’ staff on process improvement and to IN THE HOUSE OF REPRESENTATIVES the first time any Harnett County school has provide mentoring and project support, have Wednesday, December 16, 2009 allowed numerous House management staff made it to the state championship game since to detect process inefficiencies and find ways Mr. SMITH of Texas. Madam Speaker, the school district consolidation in the 1970s. to eliminate them. None of this would have national media spell ‘scandal’ without the ‘D.’ Harnett Central also made history this year by been possible without Jim’s strong commit- Recently, the mayor of Baltimore was con- finishing the season with a 15 and 1 record, ment to training, transparency, and account- victed of embezzlement. a record made more impressive because this ability. Jim’s hard work and tenacity for On December 2, ABC’s ‘‘Good Morning is the first year the team has played in the 4– thorough analyses have been vital to ensur- A conference. ing the success of the House’s administrative America’’ and CBS’s ‘‘The Early Show’’ both and financial operations. briefly reported the Mayor’s conviction. I am extremely proud of the dedication, determination, sportsmanship, and discipline of Jim’s non-partisan collaboration with Both failed to mention that she is a Demo- House Leadership and the Committee on crat. this talented football team and its coaches, House Administration has provided a solid The Baltimore Sun and The Washington and they are to be commended for their drive foundation for the continued work of the Of- Post both failed to identify the Mayor as a and perseverance. The 2009 team members fice of Inspector General. Due to Jim’s lead- Democrat in articles at the beginning of the include Anthony Johnson, A.J. Hayes, Jarrod ership, we have great confidence that the Of- trial. Spears, Mike Murray, Jeremy Wells, Logan fice will continue to ensure strong internal The media also were guilty of selective Klauka, Ocean Stroud, Torin Walker, Tate controls on the financial and administrative omission in their coverage of scandals involv- Wheelin, Brian Taylor, Jevon Morris, Nick functions, will promote policies and proce- Corbin, Brian Baker, Lemonte Taylor, Dalan dures to improve efficiency and reduce the ing the Democratic former governors of Illinois risk of asset loss, and will streamline proc- and New York, as well as the Democratic Snow, Jacob Hyde, Shag Long, Kendrick Rod- esses and ensure that House operations re- former mayor of Detroit, among others. gers, Rico Currie, Michael Vahue, Todd main in compliance with applicable rules, On the contrary, when a former mayor in Hodges, Donavon General, Dylan Kinton, Jo- laws, and regulations. Georgia was arrested earlier this year, the At- seph Diniz, Ethan Gardner, Eric Upchurch, Although Jim will be missed by his col- lanta Journal-Constitution was quick to point Jared Crumpler, Travis Jones, Alan Swan, leagues, we share the excitement for his new out that he is a Republican. Landon Ellington, Zack Avrette, Carlos Salas, challenge and opportunity. As Jim opens a The national media should treat both sides Quincy Wells-Johnson, Alvin McLean, Frank Christian school in an under-served area in the same, not show favoritism based on party Vetere, Wesely Smith, Johnathon Hill, Caleb New Jersey, we know that he will make a affiliation. Baker, Max Ramirez, Abiye Fubara, Jordan positive impact on the lives of many chil- Keith, Tim McClain, Darius Forte, and Bran- dren. Jim can take great pride and satisfac- f tion in the positive and important accom- don McLean. plishments made throughout his career. We CONGRATULATING THE HARNETT Head Coach Marc Morris and his great wish Jim and his wife Joanne a joyful and CENTRAL HIGH SCHOOL 2009 team of assistant coaches, including Wayne exciting retirement, and we know that all VARSITY FOOTBALL TEAM Stewart, Bill Wyrick, Travis Gaster, Clayton Members of the House join us in thanking Williams, Joseph Capps, Kenny Jones, Scott Jim Cornell for his years of distinguished Riley, Rodney Ellis, worked tirelessly behind service. HON. BOB ETHERIDGE OF NORTH CAROLINA the scenes all season and are backbone of Sincerely, the team’s success. ROBERT A. BRADY, IN THE HOUSE OF REPRESENTATIVES I am proud to have the honor of rep- Chairman. Wednesday, December 16, 2009 DANIEL E. LUNGREN, resenting this outstanding high school and I Ranking Minority Mr. ETHERIDGE. Madam Speaker, I rise ask my colleagues to join me today in hon- Member. today to congratulate the Harnett Central High oring these fine young athletes.

VerDate Nov 24 2008 04:17 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0626 Sfmt 9920 E:\CR\FM\A16DE8.089 E17DEPT1 smartinez on DSKB9S0YB1PROD with REMARKS Thursday, December 17, 2009 Daily Digest Senate H.R. 3667, to designate the facility of the United Chamber Action States Postal Service located at 16555 Springs Street Routine Proceedings, pages S13343–S13400 in White Springs, Florida, as the ‘‘Clyde L. Measures Introduced: Eleven bills and four resolu- Hillhouse Post Office Building’’. tions were introduced, as follows: S. 2895–2905, S.J. H.R. 3767, to designate the facility of the United Res. 23, and S. Res. 377–379. Pages S13382–83 States Postal Service located at 170 North Main Street in Smithfield, Utah, as the ‘‘W. Hazen Measures Reported: Hillyard Post Office Building’’. Report to accompany S. 1490, to prevent and H.R. 3788, to designate the facility of the United mitigate identity theft, to ensure privacy, to provide States Postal Service located at 3900 Darrow Road notice of security breaches, and to enhance criminal in Stow, Ohio, as the ‘‘Corporal Joseph A. Tomci penalties, law enforcement assistance, and other pro- Post Office Building’’. tections against security breaches, fraudulent access, S. 678, to reauthorize and improve the Juvenile and misuse of personally identifiable information. (S. Justice and Delinquency Prevention Act of 1974, Rept. No. 111–110) with an amendment in the nature of a substitute. H.R. 730, to strengthen efforts in the Department Page S13382 of Homeland Security to develop nuclear forensics Measures Considered: capabilities to permit attribution of the source of nuclear material, with an amendment in the nature of Department of Defense Appropriations Act: Sen- a substitute. ate continued consideration of the amendment of the H.R. 1817, to designate the facility of the United House of Representatives to the amendment of the States Postal Service located at 116 North West Senate to H.R. 3326, making appropriations for the Street in Somerville, Tennessee, as the ‘‘John S. Department of Defense for the fiscal year ending Wilder Post Office Building’’. September 30, 2010, taking action on the following H.R. 2711, to amend title 5, United States Code, motions and amendments proposed thereto: Page S13345–76 to provide for the transportation of the dependents, Pending: remains, and effects of certain Federal employees who Senator Reid entered a motion to concur in the die while performing official duties or as a result of amendment of the House to the amendment of the the performance of official duties, with amendments. Senate to the bill. Page S13345 H.R. 2877, to designate the facility of the United Senator Reid entered a motion to concur in the States Postal Service located at 76 Brookside Avenue amendment of the House to the amendment of the in Chester, New York, as the ‘‘1st Lieutenant Louis Senate with Amendment No. 3248 (to the House Allen Post Office’’. Amendment to the Senate Amendment), to change H.R. 3072, to designate the facility of the United the enactment date. Page S13345 States Postal Service located at 9810 Halls Ferry Senator Reid entered a motion to refer the amend- Road in St. Louis, Missouri, as the ‘‘Coach Jodie Bai- ment of the House to the Committee on Appropria- ley Post Office Building’’. tions, with instructions, Reid Amendment No. H.R. 3319, to designate the facility of the United 3249, to provide for a study. Page S13345 States Postal Service located at 440 South Gulling Reid Amendment No. 3252 (to Reid Amendment Street in Portola, California, as the ‘‘Army Specialist No. 3248), to change the enactment date. Jeremiah Paul McCleery Post Office Building’’. Page S13345 H.R. 3539, to designate the facility of the United Reid Amendment No. 3250 (to Amendment No. States Postal Service located at 427 Harrison Avenue 3249), of a perfecting nature. Page S13345 in Harrison, New Jersey, as the ‘‘Patricia D. Reid Amendment No. 3251 (to Amendment No. McGinty-Juhl Post Office Building’’. 3250), of a perfecting nature. Page S13345 D1485

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Service Members Home Ownership Tax Act: water Scholarship and Excellence in Education Foun- Senate began consideration of the motion to proceed dation for a term expiring June 5, 2012. to consideration of H.R. 3590, to amend the Inter- Marie Collins Johns, of the District of Columbia, nal Revenue Code of 1986 to modify the first-time to be Deputy Administrator of the Small Business homebuyers credit in the case of members of the Administration. Page S13400 Armed Forces and certain other Federal employees, Messages from the House: Pages S13381–82 taking action on the following amendment proposed thereto: Page S13376 Measures Referred: Page S13382 Pending: Enrolled Bills Presented: Page S13382 Reid Amendment No. 2786, in the nature of a Executive Reports of Committees: Page S13382 substitute. During consideration of this measure today, Senate Additional Cosponsors: Pages S13383–85 also took the following action: Statements on Introduced Bills/Resolutions: A motion was entered to close further debate on Pages S13385–94 the motion to proceed to consideration of the bill Additional Statements: Pages S13379–81 and, in accordance with the provisions of Rule XXII of the Standing Rules of the Senate, a vote on clo- Amendments Submitted: Pages S13394–99 ture will occur on Saturday, December 19, 2009. Authorities for Committees to Meet: Page S13376 Pages S13399–S13400 Subsequently, the motion to proceed was with- Privileges of the Floor: Page S13400 drawn. Page S13376 By 59 yeas to 38 nays (Vote No. 380), Senate Nominations Received: Senate received the fol- agreed to the motion to recess until 12:01 a.m. on lowing nominations: December 18, 2009. Page S13400 David T. Matsuda, of the District of Columbia, to be Administrator of the Maritime Administration. Record Votes: One record vote was taken today. (Total—380) Page S13400 Gary Blumenthal, of Massachusetts, to be a Mem- ber of the National Council on Disability for a term Recess: Senate convened at 10 a.m. and recessed at expiring September 17, 2010. 6:52 p.m., until 12:01 a.m. on Friday, December 18, Chester Alonzo Finn, of New York, to be a Mem- 2009. ber of the National Council on Disability for a term expiring September 17, 2012. Sara A. Gelser, of Oregon, to be a Member of the Committee Meetings National Council on Disability for a term expiring September 17, 2011. (Committees not listed did not meet) Ari Ne’eman, of Maryland, to be a Member of the National Council on Disability for a term expiring NOMINATIONS September 17, 2012. Committee on Armed Services: Committee concluded a Dongwoo Joseph Pak, of California, to be a Mem- hearing to examine the nominations of Douglas B. ber of the National Council on Disability for a term Wilson, of Arizona, to be Assistant Secretary for expiring September 17, 2012. Public Affairs, who was introduced by Senator Carol Jean Reynolds, of Colorado, to be a Member Shaheen, Malcolm Ross O’Neill, of Virginia, to be of the National Council on Disability for a term ex- Assistant Secretary of the Army for Acquisition, Lo- piring September 17, 2010. gistics and Technology, Mary Sally Matiella, of Ari- Fernando Torres-Gill, of California, to be a Mem- zona, to be Assistant Secretary of the Army for Fi- ber of the National Council on Disability for a term nancial Management and Comptroller, Paul Luis expiring September 17, 2011. Oostburg Sanz, of Maryland, to be General Counsel Jonathan M. Young, of Maryland, to be a Member of the Department of the Navy, who was introduced of the National Council on Disability for a term ex- by Representative Skelton, and Jackalyne piring September 17, 2012. Pfannenstiel, of California, to be Assistant Secretary Gwendolyn E. Boyd, of Maryland, to be a Mem- of the Navy for Installations and Environment, all of ber of the Board of Trustees of the Barry Goldwater the Department of Defense, and Donald L. Cook, of Scholarship and Excellence in Education Foundation Washington, to be Deputy Administrator for De- for a term expiring August 11, 2014. fense Programs, National Nuclear Security Adminis- Peggy Goldwater-Clay, of California, to be a tration, Department of Energy, after the nominees Member of the Board of Trustees of the Barry Gold- testified and answered questions in their own behalf.

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BUSINESS MEETING merce, and Michael A. Khouri, of Kentucky, to be Committee on Banking, Housing, and Urban Affairs: a Federal Maritime Commissioner, and routine lists Committee ordered favorably reported the nomina- in the National Oceanic and Atmospheric Adminis- tions of Ben S. Bernanke, of New Jersey, to be tration Commissioned Corps and Coast Guard. Chairman of the Board of Governors of the Federal CARBON MONOXIDE POISONING Reserve System, Eric L. Hirschhorn, of Maryland, to be Under Secretary of Commerce for Export Admin- Committee on Commerce, Science, and Transportation: Sub- istration, Marisa Lago, of New York, to be Assistant committee on Consumer Protection, Product Safety, Secretary of the Treasury, and Steven L. Jacques, of and Insurance concluded a hearing to examine car- Kansas, to be Assistant Secretary of Housing and bon monoxide poisoning, after receiving testimony Urban Development. from Kelvin J. Cochran, United States Fire Adminis- trator, United States Fire Administration, Federal BUSINESS MEETING Emergency Management Agency, Department of Committee on Commerce, Science, and Transportation: Homeland Security; Alan Korn, Safe Kids USA, Committee ordered favorably reported the following Washington, D.C.; John Andres, Kidde Residential business items: and Commercial, Mebane, North Carolina; and S. 2889, to reauthorize the Surface Transportation Cheryl Burt, Rochester, Minnesota. Board, with an amendment in the nature of a substitute; PUBLIC LANDS AND FORESTS BILLS S. 554, to improve the safety of motorcoaches, Committee on Energy and Natural Resources: Sub- with an amendment in the nature of a substitute; committee on Public Lands and Forests concluded a S. 1562, to provide for a study and report on re- hearing to examine S. 1470, to sustain the economic search on the United States Arctic Ocean and for development and recreational use of National Forest other purposes, with an amendment in the nature of System land and other public land in the State of a substitute; Montana, to add certain land to the National Wil- S. 1609, to authorize a single fisheries cooperative derness Preservation System, to release certain wil- for the Bering Sea Aleutian Islands longline catcher derness study areas, to designate new areas for recre- processor subsector; ation, S. 1719, to provide for the conveyance of cer- S. 2852, to establish, within the National Oceanic tain parcels of land to the town of Alta, Utah, S. and Atmospheric Administration, an integrated and 1787, to reauthorize the Federal Land Transaction comprehensive ocean, coastal, Great Lakes, and at- Facilitation Act, H.R. 762, to validate final patent mospheric research, prediction, and environmental number 27–2005–0081, and H.R. 934, to convey information program to support renewable energy; certain submerged lands to the Commonwealth of S. 2856, to allow the United States-Canada the Northern Mariana Islands in order to give that Transboundary Resource Sharing Understanding to territory the same benefits in its submerged lands as be considered an international agreement for the Guam, the Virgin Islands, and American Samoa have purposes of section 304(e)(4) of the Magnuson-Ste- in their submerged lands, after receiving testimony vens Fishery Conservation and Management Act, from Senators Tester and Crapo; Harris Sherman, with an amendment in the nature of a substitute; Undersecretary of Agriculture for Natural Resources S. 2859, to reauthorize the Coral Reef Conserva- and Environment; Edwin Roberson, Assistant Direc- tion Act of 2000; tor, Bureau of Land Management, Department of the S. 583, to provide grants and loan guarantees for Interior; Mike McGinley, Beaverhead County Com- the development and construction of science parks to missioners, Dillon, Montana; Ronald Hurt, Fremont promote the clustering of innovation through high County, Saint Anthony, Idaho; Sherman Anderson, technology activities; Sun Mountain Lumber Deer Lodge, Deer Lodge, H.R. 3819, to extend the commercial space trans- Montana; Matthew Koehler, WildWest Institute, portation liability regime, an original bill entitled Missoula, Montana; Tim Baker, Montana Wilderness ‘‘Surface Transportation Board Reauthorization Act Association, Helena; and Christopher A. Wood, of 2009’’; and Trout Unlimited, Arlington, Virginia. The nominations of Julie Simone Brill, of Vermont, and Edith Ramirez, of California, both to SAFEGUARDING THE AMERICAN DREAM be a Federal Trade Commissioner, David L. Strick- Committee on Homeland Security and Governmental Af- land, of Georgia, to be Administrator of the Na- fairs: Committee concluded a hearing to examine tional Highway Traffic Safety Administration, De- prospects and proposals for our economic future and partment of Transportation, Nicole Yvette Lamb- safeguarding the American dream, after receiving Hale, of Michigan, to be Assistant Secretary of Com- testimony from Senators Conrad and Gregg; Alan

VerDate Nov 24 2008 07:21 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE9.REC D17DEPT1 smartinez on DSKB9S0YB1PROD with DIGEST D1488 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2009 Greenspan, former Chairman of the Board of Gov- Secretary, all of the Department of the Interior; ernors of the Federal Reserve System; and David M. Thomas J. Perrelli, Associate Attorney General, De- Walker, Center for the Study of the Presidency and partment of Justice; Keith Harper, Kilpatrick Stock- Congress, Washington, DC. ton, LLP, Washington, D.C.; and Elouise P. Cobell, Browning, Montana. AFGHANISTAN CONTRACTS Committee on Homeland Security and Governmental Af- BUSINESS MEETING fairs: Ad Hoc Subcommittee on Contracting Over- Committee on the Judiciary: Committee ordered favor- sight concluded a hearing to examine an overview of ably reported the following business items: Afghanistan contracts, after receiving testimony from S. 678, to reauthorize and improve the Juvenile William H. Campbell, Director, Operations Direc- Justice and Delinquency Prevention Act of 1974, torate, Office of the Comptroller, Edward M. Har- with an amendment in the nature of a substitute; rington, Deputy Assistant Secretary of the Army for S. 1376, to restore immunization and sibling age Procurement, Office of the Assistant Secretary of the exemptions for children adopted by United States Army, Acquisition, Logistics and Technology, and citizens under the Hague Convention on Inter- Jeffrey P. Parsons, Executive Director, U.S. Army country Adoption to allow their admission to the Contracting Command, all of the Department of De- United States, with an amendment in the nature of fense; Charles North, Senior Deputy Director, Af- a substitute; and ghanistan-Pakistan Task Force, U.S. Agency for The nominations of Barbara L. McQuade, to be International Development; and Daniel F. Feldman, United States Attorney for the Eastern District of Deputy Special Representative for Afghanistan and Michigan, Christopher A. Crofts, to be United States Pakistan, Department of State. Attorney for the District of Wyoming, Michael W. Cotter, to be United States Attorney for the District BUSINESS MEETING of Montana, Mark Anthony Martinez, to be United Committee on Indian Affairs: Committee ordered favor- States Marshal for the District of Nebraska, and ably reported the following business items: James L. Santelle, to be United States Attorney for S. 1703, to amend the Act of June 18, 1934, to the Eastern District of Wisconsin, all of the Depart- reaffirm the authority of the Secretary of the Interior ment of Justice. to take land into trust for Indian tribes, with amendments; and BUSINESS MEETING S. 1011, to express the policy of the United States Committee on Small Business and Entrepreneurship: Com- regarding the United States relationship with Native mittee ordered favorably reported the following bills: Hawaiians and to provide a process for the recogni- S. 2862, to amend the Small Business Act to im- tion by the United States of the Native Hawaiian prove the Office of International Trade, with an governing entity, with an amendment in the nature amendment; and of a substitute. S. 2869, to increase loan limits for small business concerns, to provide for low interest refinancing for COBELL V. SALAZAR SETTLEMENT small business concerns. AGREEMENT Committee on Indian Affairs: Committee concluded an INTELLIGENCE oversight hearing to examine the Cobell v. Salazar Select Committee on Intelligence: Committee held closed settlement agreement, after receiving testimony from hearings on intelligence matters, receiving testimony Ken Salazar, Secretary, Hilary Tompkins, Solicitor, from officials of the intelligence community. Office of the Solicitor, and David Hayes, Deputy Committee recessed subject to the call. h House of Representatives Con. Res. 223, in which case the House shall stand Chamber Action adjourned pursuant to that concurrent resolution. The House was not in session today. The House is scheduled to meet at 6 p.m. on Saturday, Decem- ber 19, 2009 unless it sooner has received a message from the Senate transmitting its concurrence in H.

VerDate Nov 24 2008 07:21 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE9.REC D17DEPT1 smartinez on DSKB9S0YB1PROD with DIGEST December 17, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1489 Muslim population, after receiving testimony from Committee Meetings Paul Globe, Institute of World Politics, and Shireen GOVERNMENT AS A SHAREHOLDER Hunter, Georgetown University School of Foreign Committee on Oversight and Government Reform: Sub- Service, both of Washington, DC. committee on Domestic Policy continued hearings f entitled ‘‘The U.S. Government as Dominant Share- holder: How Should the Taxpayers’ Ownership COMMITTEE MEETINGS FOR FRIDAY, Rights be Exercised?’’ Testimony was heard from DECEMBER 18, 2009 Herbert M. Allison, Jr., Assistant Secretary, Finan- cial Stability, Department of the Treasury. (Committee meetings are open unless otherwise indicated) Senate Joint Meetings No meetings/hearings scheduled. RUSSIA’S MUSLIM POPULATION Commission on Security and Cooperation in Europe. Com- House mission concluded a hearing to examine Russia’s No committee meetings are scheduled.

VerDate Nov 24 2008 07:21 Dec 18, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D17DE9.REC D17DEPT1 smartinez on DSKB9S0YB1PROD with DIGEST D1490 CONGRESSIONAL RECORD — DAILY DIGEST December 17, 2009

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 12:01 a.m., Friday, December 18 6 p.m., Saturday, December 19

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Saturday: To be announced. of the motion to concur in the amendment of the House to the amendment of the Senate to H.R. 3326, Depart- ment of Defense Appropriations Act, and vote on the motion to invoke cloture thereon at approximately 1 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Guthrie, Brett, Ky., E3030 Poe, Ted, Tex., E3052 Hall, Ralph M., Tex., E3021, E3023, E3024, E3025, E3026, Rahall, Nick J., II, W.Va., E3055 Aderholt, Robert B., Ala., E3039 E3028 Rangel, Charles B., N.Y., E3035 Alexander, Rodney, La., E3050 Halvorson, Deborah L., Ill., E3020, E3052, E3053 Reichert, David G., Wash., E3019, E3034, E3055 Bean, Melissa L., Ill., E3029 Harman, Jane, Calif., E3036 Rogers, Harold, Ky., E3034 Berman, Howard L., Calif., E3035, E3054 Harper, Gregg, Miss., E3031 Rohrabacher, Dana, Calif., E3021 Bishop, Sanford D., Jr., Ga., E3024 Hastings, Alcee L., Fla., E3036, E3048 Ros-Lehtinen, Ileana, Fla., E3046 Bonner, Jo, Ala., E3047 Holt, Rush D., N.J., E3056 Ryan, Paul, Wisc., E3055 Boozman, John, Ark., E3039 Honda, Michael M., Calif., E3034 Scalise, Steve, La., E3029 Brady, Kevin, Tex., E3026 Inslee, Jay, Wash., E3055 Schiff, Adam B., Calif., E3034 Brady, Robert A., Pa., E3058 Johnson, Eddie Bernice, Tex., E3039, E3049 Schmidt, Jean, Ohio, E3053 Camp, Dave, Mich., E3024 Kagen, Steve, Wisc., E3030 Scott, David, Ga., E3030 Castle, Michael N., Del., E3027, E3049, E3051 Kilpatrick, Carolyn C., Mich., E3052 Scott, Robert C. ‘‘Bobby’’, Va., E3050 Castor, Kathy, Fla., E3033 Kilroy, Mary Jo, Ohio, E3045 Sestak, Joe, Pa., E3019 Chandler, Ben, Ky., E3054 Kucinich, Dennis J., Ohio, E3022 Sherman, Brad, Calif., E3057 Conyers, John, Jr., Mich., E3023, E3028, E3048 Lamborn, Doug, Colo., E3021 Shimkus, John, Ill., E3028, E3042, E3043, E3044, E3045, Culberson, John Abney, Tex., E3043 Larsen, Rick, Wash., E3052 E3045, E3046, E3046 Davis, Susan A., Calif., E3058 Larson, John B., Conn., E3045 Shuler, Heath, N.C., E3056 DeFazio, Peter A., Ore., E3044 Lipinski, Daniel, Ill., E3032 Simpson, Michael K., Idaho, E3036 Duncan, John J., Jr., Tenn., E3039, E3047, E3054 Lungren, Daniel E., Calif., E3044 Skelton, Ike, Mo., E3043 Emerson, Jo Ann, Mo., E3038 McCollum, Betty, Minn., E3053 Smith, Christopher H., N.J., E3032 Engel, Eliot L., N.Y., E3045 McKeon, Howard P. ‘‘Buck’’, Calif., E3028 Smith, Lamar, Tex., E3056, E3059 Etheridge, Bob, N.C., E3056, E3059 Maloney, Carolyn B., N.Y., E3056 Space, Zachary T., Ohio, E3032, E3033, E3034, E3036, Faleomavaega, Eni F.H., American Samoa, E3049 Massa, Eric J.J., N.Y., E3023 E3038, E3039, E3039 Frelinghuysen, Rodney P., N.J., E3058 Meek, Kendrick B., Fla., E3022, E3034, E3055 Thompson, Bennie G., Miss., E3032, E3033 Gerlach, Jim, Pa., E3020, E3030 Michaud, Michael H., Me., E3038, E3047, E3051, E3053 Tiberi, Patrick J., Ohio, E3020 Giffords, Gabrielle, Ariz., E3044 Miller, George, Calif., E3057 Wamp, Zach, Tenn., E3025 Gonzalez, Charles A., Tex., E3057 Miller, Jeff, Fla., E3030 Waxman, Henry A., Calif., E3036 Gordon, Bart, Tenn., E3051 Nadler, Jerrold, N.Y., E3019 Wittman, Robert J., Va., E3052 Graves, Sam, Mo., E3020 Ortiz, Solomon P., Tex., E3024 Wolf, Frank R., Va., E3025, E3043 Green, Al, Tex., E3026 Pelosi, Nancy, Calif., E3019 Young, Don, Alaska, E3046, E3047, E3048, E3049, E3054 Green, Gene, Tex., E3038 Perlmutter, Ed, Colo., E3022 Grijalva, Rau´ l M., Ariz., E3033 Peterson, Collin C., Minn., E3046

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