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, MAY 21, 2009 No. 79 Senate The Senate met at 9 a.m. and was The assistant legislative clerk read weekends. So we look forward to hav- called to order by the Honorable the following letter: ing a productive work period during KIRSTEN E. GILLIBRAND, a Senator from U.S. SENATE, the next week in our home States and the State of New York. PRESIDENT PRO TEMPORE, look forward to having a productive Washington, DC, May 21, 2009. day today and sending this bill on to PRAYER To the Senate: the House and have the conference Under the provisions of rule I, paragraph 3, The PRESIDING OFFICER. Today’s completed. There are very few things of the Standing Rules of the Senate, I hereby that need to be worked out in con- opening prayer will be offered by the appoint the Honorable KIRSTEN E. Reverend Bill Shuler from Capital Life GILLIBRAND, a Senator from the State of New ference, but that should be done in a Church in Arlington, VA. York, to perform the duties of the Chair. few days, and we will complete this The guest Chaplain offered the fol- ROBERT C. BYRD, when we get back. We have checked lowing prayer: President pro tempore. with the Pentagon, and they are satis- Let us pray. Mrs. GILLIBRAND thereupon as- fied that if we finish this when we get Heavenly Father, as we bow our sumed the chair as Acting President back, there will be adequate time to heads and pray, we acknowledge that pro tempore. fund everything our troops need. we are one nation under God. Grant f f these Members of the Senate wisdom. RECOGNITION OF THE MAJORITY RECOGNITION OF THE MINORITY Let their leadership be marked by LEADER faith, courage, health, and compassion. LEADER God, we pray that You will refresh The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- these Senators. Help them envision a pore. The majority leader is recog- pore. The Republican leader is recog- world that is not yet but ought to be. nized. nized. Make their goals clear, their hearts f f brave, and their actions resolute. SCHEDULE GUANTANAMO Grant them integrity and purpose in their generation. Let their daily duties Mr. REID. Madam President, fol- Mr. MCCONNELL. Madam President, translate into better lives for those lowing leader remarks, the Senate will a little later this morning, the Presi- they serve. God, reward their hard resume consideration of H.R. 2346, the dent will discuss his decision to close work. Bless their families and bless emergency supplemental appropria- Guantanamo by an arbitrary deadline their staffs. tions bill, with the time until 10 a.m. that is now only 8 months away. It is We pray these things in the Name of equally divided and controlled between clear to both Republicans and Demo- the One who binds up the broken- the two leaders or their designees. At crats in Congress that the administra- hearted and proclaims liberty to the 10 a.m., the Senate will proceed to vote tion does not currently have a plan for captives. In Jesus’ Name, amen. on the motion to invoke cloture on closing Guantanamo and that closing H.R. 2346. The filing deadline for sec- it without a plan is simply unaccept- f ond-degree amendments is 9:30 a.m. able. So I hope the President uses his PLEDGE OF ALLEGIANCE today. remarks this morning to present a con- The Honorable KIRSTEN E. We are confident cloture will be in- crete plan that demonstrates how clos- GILLIBRAND led the Pledge of Alle- voked on this most important piece of ing Guantanamo will keep Americans giance, as follows: legislation. I think we have had a very as safe as Guantanamo has. I pledge allegiance to the Flag of the good debate on a number of issues. We We know the FBI has serious con- United States of America, and to the Repub- will finish this bill before we leave this cerns about any plans to release or lic for which it stands, one nation under God, week. We hope we can do it today. transfer other detainees into the indivisible, with liberty and justice for all. There is no reason we should not be United States. Just yesterday, FBI Di- f able to do it today, but if not, we will rector Mueller said detainees who are have to let the 30 hours run out some- sent to U.S. soil, even if they are only APPOINTMENT OF ACTING time tomorrow evening. sent to secure detention facilities, PRESIDENT PRO TEMPORE We have had a tremendously produc- might still be able to conduct terrorist The PRESIDING OFFICER. The tive work period. We have all worked activities, much like gang leaders who clerk will please read a communication extremely hard, and as I have said be- have been able to run their gangs from to the Senate from the President pro fore, it is nice to be able to be home prison. Director Mueller also stated tempore (Mr. BYRD). during the week rather than just on that detainees released or transferred

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

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VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5768 CONGRESSIONAL RECORD — SENATE May 21, 2009 into the United States could endanger on foreign oil. America uses more than hurting the economy or disrupting our the American people by radicalizing a fifth of the world’s supply of oil, lives or hindering security. others or providing financial support much of it from countries that do not So as the summer driving season con- for terrorism. Director Mueller’s testi- like us. If we start by using less, we tinues, Americans will be reminded, mony appears to undermine the claim will need a lot less from other coun- once again, that our Nation’s energy that sending detainees to the United tries. So conservation and increased ef- crisis has not gone away. But the ap- States is a safe alternative to Guanta- ficiency are certainly necessary. It is proach I have outlined addresses that namo. something on which everyone can crisis head-on. Republicans will con- Yesterday, the Senate spoke with agree. We need to use less. tinue to speak out about the produce- near unanimity, by a vote of 90 to 6, But conservation is only half the more, use-less model. We hope our against sending terrorist detainees to equation. Even as we use less energy, friends on the other side recognize it is U.S. soil—a vote that mirrored a vote 2 we need to produce more of our own. the only sensible approach to a crisis years ago on the same question. The America sits on an ocean—a literal that must be addressed. Senate also expressed its view yester- ocean—of untapped oil and natural gas Madam President, I suggest the ab- day that Congress expects its relevant and vast stores of coal and oil shale. sence of a quorum. committees to be briefed on the threat Our geography also makes us rich in The ACTING PRESIDENT pro tem- posed by the terrorists at Guantanamo. renewable energy sources such as wind, pore. The clerk will call the roll. So it is clear that Senate Democrats do solar, and geothermal. Taken together, The assistant legislative clerk pro- not believe circumstances have these resources are the perfect com- ceeded to call the roll. changed over the last 2 years in such a plement as we move toward the day Mr. PRYOR. Madam President, I ask way that would warrant releasing or when cars and factories can run on unanimous consent that the order for transferring terrorists into America. cleaner, more efficient fuels. But we the quorum call be rescinded. If the President believes cir- have to be realistic about how far off The ACTING PRESIDENT pro tem- cumstances have changed, then he has that day is. We have to admit there is pore. Without objection, it is so or- an opportunity to explain those a gap between the clean renewable fuel dered. changes this morning. The American we want and the reliable energy we f people are asking the administration need. So as we invest in technologies to guarantee that any terrorist it re- that will bring us cleaner, more effi- SIGNING AUTHORITY leases or transfers will not return to cient energy, the only way we can ex- Mr. PRYOR. Madam President, I ask the battlefield. This is particularly ur- pect to truly reduce our dependence on unanimous consent that the majority gent in light of a New York Times re- foreign sources of oil is to produce leader be permitted to sign any duly port this morning that says one in more American energy and use less. enrolled bills and joint resolutions dur- seven detainees already released has This may sound like a simple proposal. ing today’s session. returned to terrorism. The President The best solutions usually are. Unfor- The ACTING PRESIDENT pro tem- has an opportunity to reassure the tunately, the idea of finding more en- pore. Without objection, it is so or- American people that future releases ergy at home and using less is need- dered. will not lead to the same result. If he lessly controversial because some are Mr. PRYOR. I suggest the absence of is not able to provide specifics about unwilling to admit that a gap exists be- a quorum. his plan for terrorist detainees at tween the energy we need now and the The ACTING PRESIDENT pro tem- Guantanamo, he could still provide energy we want, and still others do not pore. The clerk will call the roll. this assurance by simply revising his like a number of our proposals for find- The assistant legislative clerk pro- policy. The President has already ing more domestic energy. ceeded to call the roll. shown adaptability on military com- Here is what we have proposed. We Mrs. HUTCHISON. Madam President, missions, on prisoner photos, on Iraq, propose building 100 new clean nuclear I ask unanimous consent that the order on Afghanistan, and on Pakistan. Here energy plants as soon as possible. We for the quorum call be rescinded. is an opportunity to show more of that propose offshore exploration for nat- The ACTING PRESIDENT pro tem- flexibility on Guantanamo. ural gas and oil. We propose making pore. Without objection, it is so or- f plug-in electric cars and trucks half of dered. all new vehicles sold in 20 years. And f ENERGY we propose doubling research and de- DEALERSHIP CLOSINGS Mr. MCCONNELL. Madam President, velopment on energy to make all of Americans have noticed a steady up- this possible. These and other pro- Mrs. HUTCHISON. Madam President, tick in the price of gasoline over the posals, including the development of I wish to give sort of a progress report past few weeks, and it is only going to clean coal and coal-to-liquids tech- on the amendment I introduced yester- get worse during the summer driving nologies, constitute a balanced, com- day and is pending still, but after clo- season. The economic downturn may prehensive approach that would do all ture it will be in a different category, have caused gas prices to fall from last the things we need to reduce our de- of course. I wish to say I have had a summer’s record highs, but as the pendence on foreign oil, help reduce very productive opportunity to talk to economy recovers, $4 gasoline could our consumption, and build the bridge the president of Chrysler and the peo- well return and Americans will want to a cleaner, more efficient energy fu- ple at Chrysler to try to make headway answers. ture. for the Chrysler dealers, the 789 that Fortunately, many of us have been This approach would strengthen our have gotten the notice they will be busy putting together a balanced, sen- economy by preserving jobs in existing shut down as of June 9. I think there is sible solution that gets at the root of industries even as we create new jobs a way forward here. It is not set in con- our energy crisis and addresses the by investing in new technologies. It crete, but I think there is going to be concerns of everyone involved in this would enhance our security by reduc- a result that I believe will make it a debate, including some who tradition- ing our dependence on foreign sup- much better situation. That is what I ally have been at odds. We believe it is pliers. And it would help the environ- am working for because these dealers possible to build a bridge to the clean ment by embracing the cleaner, more right now are facing bankruptcy them- energy future all of us want without efficient energy sources of the future. selves—every one of them. We are talk- introducing crippling taxes on con- All of us recognize we should reduce ing about 40,000 employees in these sumers or on industry. So this morn- the amount of energy we use. We also dealerships. So as the Government is ing, with Memorial Day fast approach- recognize the energy we use should be certainly backing the automobile coming, I would like to briefly outline this as clean as possible, as reliable as pos- panies and they are trying to have as balanced approach. sible, and as inexpensive as possible. soft a landing as possible for all those The first step is to admit we have a Our balanced approach of finding more involved in this very serious situation serious problem. Something must be American energy and using less would we are in, I want the dealers to be part done to reduce America’s dependence bring about all these things without of the soft landing.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5769 I don’t think it is Government’s posi- as people began to see the plight of here and has been very outspoken on tion to go in and change the decisions these dealers and hear from them. this issue this week. Despite this, the that have been made by Chrysler, but I My message is we need to vote for President has chosen to ignore the will do think it is our responsibility to as- cloture. We need to go forward with of Congress and bring Ghailani to the sure that those dealers have the ability this supplemental appropriation for United States. Instead, he is acting to have some accommodation for all our troops, but we must—we must— quickly to bring him here before he the inventory they have—the cars, the take care of these dealers in the best signs the supplemental bill into law. special equipment, the parts—that possible way and not leave them I don’t know how the President after June 9, they will not be able to stranded in a situation which was not thinks he can try this detainee in our use. They will not be able to sell a their doing. Yet they are paying the courts. Ghailani is not just any ter- Chrysler car or use the Chrysler logo. highest of all prices. rorist. He was a high-value detainee in Although General Motors has given no- I thank the Chair, and I yield the the CIA’s detention. Bringing him into tice to its dealers, they have given floor. a U.S. courtroom will open a floodgate them until the end of 2010 to work Mr. COCHRAN. Madam President, I to challenges on his detention, his things through. But Chrysler I think is suggest the absence of a quorum. treatment, and any evidence obtained trying to stay as strong as they can The ACTING PRESIDENT pro tem- from him. going into the merger that has been ap- pore. The clerk will call the roll. Additionally, if we were able to ob- proved, so they want a quick ending, The assistant legislative clerk pro- tain any evidence on Ghailani from any which we all understand and support. I ceeded to call the roll. other terrorists, that information Mr. CHAMBLISS. Madam President, do. I want Chrysler to emerge in a would likely not be admitted in U.S. I ask unanimous consent that the order stronger situation. I think we all do. courts because it would be considered But I also want the dealers that are for the quorum call be rescinded. The ACTING PRESIDENT pro tem- hearsay. If not, the prosecution would suffering all over this country right be required to bring additional terror- now, having had 3 weeks’ notice to shut pore. Without objection, it is so ordered. ists to New York just to testify in down, sometimes a dealership that has Ghailani’s trial. This alone will make a been in business for 90 years or 50 years f conviction much more difficult. or 25 years—we can’t walk away from ORDER OF PROCEDURE There is too much at stake to grant that. Chrysler can’t walk away from the unprecedented benefit of our legal that. I believe, from talking to the Mr. CHAMBLISS. Madam President, I ask unanimous consent that Senate system’s complex procedural safe- president today, they agree with that. guards to foreign nationals who were We are trying to get something defin- amendment No. 1144 be considered in order postcloture in addition to the re- captured outside the United States itive. I will report, again, on this. I am during a time of war. Allowing these going to support cloture because we quirements under rule XVI, rule XXII, terrorists to escape conviction or, must provide the supplemental funds and the adoption of the Inouye amend- worse yet, to be freed into the United for our troops who are in harm’s way. ment. States by our courts because of legal That is the premier purpose of this sup- The ACTING PRESIDENT pro tem- technicalities would tarnish the rep- plemental appropriation. I am very pore. Is there objection? utation of our legal system as one that pleased this Senate has acted deci- Mr. DURBIN. Reserving the right to is fair and just. sively to stop the funding for moving object, this amendment from my Prohibiting the detainees from enter- prisoners from Guantanamo Bay into friend, Senator CHAMBLISS, would pre- ing the United States, as my amend- our country or letting them go into clude the U.S. Attorney General from ment does—the assistant majority other countries, where we fear we allowing detainees at Guantanamo to leader is exactly right—is one small might see them again on the other side even be tried for crimes in the United step in the right direction. of an IED or some other disruption. I States. I think it goes too far, and I ob- Further, if these individuals, such as am very pleased with the action the ject. Ghailani, were to be brought to the Senate took yesterday on that. We The ACTING PRESIDENT pro tem- United States by President Obama to must fund our troops who are in harm’s pore. Objection is heard. Mr. CHAMBLISS. Madam President, be tried in our article III courts and way and their families and their qual- the assistant majority leader is exactly not convicted, the only mechanism ity of life, giving them the equipment right. My amendment is going to pro- available to our Government to con- and the training and the support they hibit any Guantanamo detainee from tinue to detain these individuals would need to do their jobs. At the same time, the reason I being brought to the United States. be via immigration law. However, cur- brought this amendment forward is be- The assistant majority leader made a rent immigration laws on our books cause it, too, is an emergency. While it comment yesterday that he thought it are insufficient to ensure these detain- is not a taxpayer expense, it is a situa- was somewhat foolish on the part of ees would be mandatorily detained and tion that I think is untenable and that the minority to think this President continue to be detained until they can is the people who are under the gun would even allow terrorists to be successfully be removed from our bor- until June 9. My message is that I be- brought into the United States. The ders. lieve the Chrysler people are going to fact is, this administration is already Although I am adamantly opposed to try to do the right thing. I believe the proposing that some of the terrorists bringing any of these detainees to the White House can help us make that who are held at Guantanamo be United States, and I do not believe the happen. We are going to work with the brought into the United States and be President has independent authority to White House and the task force. The freed because the court has determined do so, I do believe we need legislation Senators from Michigan, I think, are that 17 Uyghurs ought to be free. The to safeguard our citizens and our com- also being very proactive here. I wish administration is talking about freeing munities in the event they are brought to say I appreciate the cosponsors of those Uyghurs inside the United here. To that end, my amendment my amendment. Senator MIKULSKI, on States. makes mandatory the detention of any the floor last night, was added as a co- The press reported this morning that Gitmo detainees brought to the United sponsor, along with Senator MENENDEZ President Obama intends to bring a States. and Senator BROWN. Gitmo detainee, Ahmed Ghailani, to It is imperative the Senate consider I ask unanimous consent, at this New York to be tried in our criminal my amendment before the final adop- time, that Senator CASEY and Senator courts. I fear this is the start of a long tion of this supplemental bill. LAUTENBERG be added as cosponsors of process of transferring detainees to the The ACTING PRESIDENT pro tem- amendment No. 1189. United States where, I believe, legal pore. The assistant majority leader. The ACTING PRESIDENT pro tem- technicalities will ultimately allow Mr. DURBIN. Madam President, in pore. Without objection, it is so or- some of them to be freed into the response to my friend, the Senator dered. United States. from Georgia, he has obviously forgot- Mrs. HUTCHISON. We were adding The Senate voted yesterday to pre- ten the name Zacarias Moussaoui. He sponsors just about every few minutes vent any detainees from being brought was accused of being the 19th or 20th

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5770 CONGRESSIONAL RECORD — SENATE May 21, 2009 hijacker on 9/11. He was successfully Mr. CHAMBLISS. Madam President, military commissions; when possible, trans- prosecuted in the courts of the United what the Senator from Illinois, who is fer to third countries those detainees who States. He has been convicted, is serv- a lawyer, neglects to mention is the can be safely transferred. ing time in a prison of the United fact that all 347 of the current incar- President Obama is calling for an or- States, and we are not less safe because cerated people who have been tried for derly, sensible review of cases at Guan- of it. Our system of justice worked. terrorist acts were arrested under U.S. tanamo. For us to continue to keep The Senator from Georgia and many law. They were investigated by the voting on ways to foreclose the possi- on his side of the aisle have no con- FBI. They were prosecuted because bilities of bringing Guantanamo to a fidence in our system of justice. They they were arrested and investigated close in a responsible fashion I don’t do not want to even consider the possi- with that end in mind. Not one single think is responsible conduct. I hope we bility that people could be charged one of those 347 individuals was ar- will stop this and allow the President with a crime and successfully pros- rested on the battlefield. to show his leadership. He inherited ecuted here. We have proven otherwise. What the Senator is now proposing is this mess at Guantanamo. He is doing There are 347 convicted terrorists that we take all 240 of the confined de- his best to find solutions in keeping now serving time in U.S. prisons. I tainees at Gitmo and give them all of with our values and keeping in mind have not heard a hue and cry from any- the rights that are guaranteed to every his primary responsibility to keep us one saying let’s get them all out of the criminal who is investigated and ar- safe. country, because we know they are rested inside the United States as op- I yield the floor. being safely and securely held. posed to being arrested on the battle- Mr. CHAMBLISS. Madam President, America is not at risk. For the Sen- field. That has never happened before I simply close by saying the Senator is ator to argue that once they are tried in the history of the United States, and exactly right. There are military tribu- they have to be released as American we have had an awful lot of captives on nals set up in Guantanamo today. In citizens or in the general population the battlefield. fact, those military tribunals had con- defies logic. If these people are brought For there to be any correlation be- victed three separate detainees, and in for the purpose of trial and found tween the 240 detainees at Guantanamo the current administration, when they not guilty, they are certainly not going who are the meanest, nastiest killers came into office, dropped the pending to be allowed to stay in the United in the world, getting up every day charges of twenty-some others await- States. There is no requirement for thinking of ways to kill and harm ing trial, thus suspending the military that. There is no way they could ask Americans, and to compare them to commissions. These individuals can be for citizenship, having just been found tried by military tribunals at Guanta- not guilty, being a resident of another the 347 who are now confined after being arrested inside the United States namo. They are in place and ready to country. That is not even in the realm go. I would simply urge that is the way of possibility. is somewhat ludicrous. Again, I regret the Senator is object- these individuals need to be prosecuted What the Senator is arguing is about and not to be brought to the United a possibility that I think is farfetched, ing to my amendment which would keep those 240 individuals at Guanta- States and tried here. and he ignores the obvious. Madam I yield the floor. President, 347 terrorists convicted in namo outside the United States and American courts are currently serving would ensure that forever and ever f time in American prisons right now. they could never be released into the RESERVATION OF LEADER TIME United States. I simply regret he sees I might also add that at the end of The ACTING PRESIDENT pro tem- fit to object to it. the day, it will be the President of the pore. Under the previous order, leader- The ACTING PRESIDENT pro tem- United States who will propose what ship time is reserved. we do, and the President will make his pore. The assistant majority leader. recommendations soon. I am anxious Mr. DURBIN. Madam President, I am f to hear them. But for us to foreclose not suggesting that the detainees at SUPPLEMENTAL APPROPRIATIONS the possibility of bringing a detainee to Guantanamo all be tried. I know of ACT, 2009 justice for crimes committed, for acts one, for example, who has been held for The ACTING PRESIDENT pro tem- of terrorism, by saying we would not 7 years and was notified a year ago pore. Under the previous order, the consider ever trying them in the there are no charges against him. The Senate will resume consideration of United States, what would we do with question is where he will be sent. He H.R. 2346, which the clerk will report. them? Hold them indefinitely without still languishes in prison because of The assistant legislative clerk read charges? Export them to some other that. It would be unjust for us to con- as follows: country? tinue to keep him in Guantanamo A bill (H.R. 2346) making supplemental ap- If they can be charged and prosecuted without any charges against him be- propriations for the fiscal year ending Sep- successfully in our courts, they should yond 7 years. I don’t think he needs to tember 30, 2009, and for other purposes. be. They should be held securely until be tried. We need to find a safe place to Pending: they are resolved in court, and if they put him once we are certain he is not Cornyn amendment No. 1139, to express the are resolved in a guilty fashion, they going to engage in acts of terrorism. sense of the Senate that the interrogators, could be incarcerated as the other 347 This morning, President Obama is attorneys, and lawmakers who tried in good terrorists in our prisons. If found not going to make a statement on this faith to protect the United States and abide guilty, they can leave the country, as issue. The statement by the White by the law should not be prosecuted or other- they should not be welcomed as citi- House in advance of his speech at the wise sanctioned. zens. National Archives—I think part of this Chambliss amendment No. 1144, to protect The President will be making an an- press announcement bears repeating the national security of the United States by limiting the immigration rights of individ- nouncement today. I am anxious to into the RECORD. It says: hear it. For us to anticipate what that uals detained by the Department of Defense The President also ordered a review of all at Guantanamo Bay Naval Base. is and foreclose possibilities I don’t pending cases at Guantanamo. In dealing Isakson amendment No. 1164, to amend the think is a wise policy for keeping this with the situation, we do not have the lux- Internal Revenue Code of 1986 to expand the country safe. ury of starting from scratch. We are cleaning application of the homebuyer credit. The bottom line is this President—no up something that is—quite frankly—a mess Corker amendment No. 1173, to provide for President—is going to release terror- that has left in its wake a flood of legal chal- the development of objectives for the United ists into Georgia, Mississippi, Illinois, lenges that we are forced to deal with on a States with respect to Afghanistan and Paki- or New York. It is not going to happen. constant basis and that consumes the time stan. Presidents accept their responsibility of government officials whose time would be Lieberman amendment No. 1156, to in- better spent protecting the country. To take crease the authorized end strength for ac- to keep our country safe, and to sug- care of the remaining cases at Guantanamo tive-duty personnel of the Army. gest otherwise I don’t think is con- Bay, the President will, when feasible, try Graham (for Lieberman) amendment No. sistent with our experience. those who have violated American criminal 1157, to provide that certain photographic The ACTING PRESIDENT pro tem- laws in Federal courts; when necessary, try records relating to the treatment of any in- pore. The Senator from Georgia. those who violate the rules of war through dividual engaged, captured, or detained after

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September 11, 2001, by the Armed Forces of CLOTURE MOTION NAYS—1 the United States in operations outside the The ACTING PRESIDENT pro tem- Feingold United States shall not be subject to disclo- pore. Under the previous order and pur- sure under section 552 of title 5, United NOT VOTING—4 suant to rule XXII, the Chair lays be- States Code (commonly referred to as the Byrd Kennedy Freedom of Information Act). fore the Senate the pending cloture Hatch Rockefeller motion, which the clerk will report. Kyl/Lieberman amendment No. 1147, to The ACTING PRESIDENT pro tem- prohibit funds made available for the Stra- The assistant legislative clerk read pore. On this vote, the yeas are 94, the tegic Petroleum Reserve to be made avail- as follows: able to any person that has engaged in cer- nays are 1. Three-fifths of the Senators CLOTURE MOTION tain activities with respect to the Islamic duly chosen and sworn having voted in Republic of Iran. We, the undersigned Senators, in accord- the affirmative, the motion is agreed Brown amendment No. 1161, to require the ance with the provisions of rule XXII of the to. United States Executive Director of the Standing Rules of the Senate, hereby move Mr. INOUYE. Madam President, I International Monetary Fund to oppose to bring to a close debate on H.R. 2346, the suggest the absence of a quorum. Supplemental Appropriations Act of 2009. loans and other programs of the Fund that The ACTING PRESIDENT pro tem- do not exempt certain spending by the gov- Harry Reid, Christopher J. Dodd, Charles ernments of heavily indebted poor countries E. Schumer, Mark Begich, Mark L. pore. The clerk will call the roll. from certain budget caps and restraints. Pryor, Richard Durbin, Patty Murray, The legislative clerk proceeded to McCain amendment No. 1188, to make Tom Harkin, Edward E. Kaufman, call the roll. available from funds appropriated by title XI Claire McCaskill, Michael F. Bennet, Mrs. HUTCHISON. Madam President, an additional $42,500,000 for assistance for Mark Udall, Jeanne Shaheen, Carl I ask unanimous consent that the order Georgia. Levin, Jack Reed, Sheldon Whitehouse, for the quorum call be rescinded. Lincoln amendment No. 1181, to amend the Daniel K. Inouye. The ACTING PRESIDENT pro tem- Federal Deposit Insurance Act with respect The ACTING PRESIDENT pro tem- to the extension of certain limitations. pore. Without objection, it is so or- Risch amendment No. 1143, to appropriate, pore. By unanimous consent, the man- dered. with an offset, an additional $2,000,000,000 for datory quorum call has been waived. Mrs. HUTCHISON. Madam President, National Guard and Reserve Equipment. The question is, Is it the sense of the I ask unanimous consent that Senators Kaufman modified amendment No. 1179, to Senate that debate on H.R. 2346, the BENNETT, BINGAMAN, and KERRY be ensure that civilian personnel assigned to Supplemental Appropriations Act of added as cosponsors of amendment No. serve in Afghanistan receive civilian-mili- 2009, shall be brought to a close? 1189. tary coordination training that focuses on counterinsurgency and stability operations. The yeas and nays are mandatory The ACTING PRESIDENT pro tem- Leahy/Kerry amendment No. 1191, to pro- under the rule. pore. Without objection, it is so or- vide for consultation and reports to Congress The clerk will call the roll. dered. regarding the International Monetary Fund. The legislative clerk called the roll. Mrs. HUTCHISON. I suggest the ab- Hutchison amendment No. 1189, to protect Mr. DURBIN. I announce that the sence of a quorum. auto dealers. The ACTING PRESIDENT pro tem- Merkley/Whitehouse amendment No. 1185, Senator from West Virginia (Mr. to express the sense of the Senate on the use BYRD), the Senator from Massachusetts pore. The clerk will call the roll. by the Department of Defense of funds in the (Mr. KENNEDY), and the Senator from The legislative clerk proceeded to Act for operations in Iraq in a manner con- West Virginia (Mr. ROCKEFELLER) are call the roll. sistent with the United States-Iraq Status of necessarily absent. Mrs. HUTCHISON. Madam President, Forces Agreement. Mr. KYL. The following Senator is I ask unanimous consent that the order Merkley (for DeMint) amendment No. 1138, for the quorum call be rescinded. to strike the provisions relating to increased necessarily absent: the Senator from Utah (Mr. HATCH). The ACTING PRESIDENT pro tem- funding for the International Monetary pore. Without objection, it is so or- Fund. Further, if present and voting, the Bennet/Casey amendment No. 1167, to re- Senator from Utah (Mr. HATCH) would dered. quire the exclusion of combat pay from in- have voted ‘‘yea.’’ Mrs. HUTCHISON. Madam President, come for purposes of determining eligibility The ACTING PRESIDENT pro tem- I ask unanimous consent to add Sen- for child nutrition programs and the special pore. Are there any other Senators in ator KLOBUCHAR as a cosponsor of supplemental nutrition program for women, amendment No. 1189. infants, and children. the Chamber desiring to vote?: The yeas and nays resulted--yeas 94, The ACTING PRESIDENT pro tem- Reid amendment No. 1201 (to amendment pore. Without objection, it is so or- No. 1167), to change the enactment date. nays 1, as follows: dered. The ACTING PRESIDENT pro tem- [Rollcall Vote No. 200 Leg.] Mrs. HUTCHISON. I suggest the ab- pore. All time for debate has expired. YEAS—94 sence of a quorum. The Senator from Hawaii. Akaka Ensign Merkley The PRESIDING OFFICER (Mr. Mr. INOUYE. Madam President, I ask Alexander Enzi Mikulski KAUFMAN). The clerk will call the roll. unanimous consent that the pending Barrasso Feinstein Murkowski The legislative clerk proceeded to amendment be set aside, and to call up Baucus Gillibrand Murray Bayh Graham Nelson (NE) call the roll. amendment No. 1162. Begich Grassley The ACTING PRESIDENT pro tem- Nelson (FL) Mrs. BOXER. Mr. President, I ask Bennet Gregg Pryor unanimous consent that the order for pore. Is there objection to setting aside Bennett Hagan Reed Bingaman Harkin the quorum call be rescinded. the pending amendment? Reid Bond Hutchison Mr. INOUYE. Madam President, I Risch The PRESIDING OFFICER. Without Boxer Inhofe objection, it is so ordered. suggest the absence of a quorum. Brown Inouye Roberts The ACTING PRESIDENT pro tem- Brownback Isakson Sanders Mrs. BOXER. Mr. President, I rise Schumer pore. The clerk will call the roll. Bunning Johanns today to express my support for the Burr Johnson Sessions 2009 Supplemental Appropriations Act. The assistant legislative clerk pro- Burris Kaufman Shaheen ceeded to call the roll. Cantwell Kerry Shelby My vote today does not indicate a The ACTING PRESIDENT pro tem- Cardin Klobuchar Snowe blank check for the administration. pore. The Senator from Hawaii. Carper Kohl Specter But it is indicative of a strong desire Casey Kyl Stabenow on my part to begin to change to a new Mr. INOUYE. I ask unanimous con- Chambliss Landrieu Tester sent that the order for the quorum call Coburn Lautenberg Thune approach in Iraq and Afghanistan. be rescinded. Cochran Leahy Udall (CO) We all know about the challenges The ACTING PRESIDENT pro tem- Collins Levin Udall (NM) President Obama inherited from 8 long Conrad Lieberman pore. Without objection, it is so or- Vitter years of the Bush administration. He Corker Lincoln Voinovich Cornyn was left with an economy and reces- dered. Lugar Warner Crapo Martinez Mr. INOUYE. Madam President, I Webb sion, wars in Iraq and Afghanistan, di- DeMint McCain withdraw my earlier request. Whitehouse minished U.S. standing around the Dodd McCaskill The ACTING PRESIDENT pro tem- Dorgan McConnell Wicker globe, a country more dependent on pore. The request is withdrawn. Durbin Menendez Wyden foreign oil, and a resurgent al-Qaida.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5772 CONGRESSIONAL RECORD — SENATE May 21, 2009 Today, we have a new administration take back their country. We need to For those of us who want to bring the with clear priorities and realistic for- train Afghan security forces so we can troops home, the funding to do that is eign policy objectives. We must give ultimately change the nature of our in this supplemental. So, clearly, when President Obama and his administra- mission there and bring our troops we vote for this, we vote to begin that tion the resources and flexibility they home. That is the goal. process. The responsibility for security need to move U.S. foreign policy in a I have heard my Republican friends must be turned over to the Iraqis—and new direction. If we were to walk away say they don’t know what the goal is in quickly. U.S. forces cannot continue to from this change in policy that is re- Afghanistan. That is OK. I don’t think shoulder the burden there anymore. flected in this supplemental, I think there is any problem explaining what it The people there have to decide if they the message we are sending is for the is. We want to go after al-Qaida. We want to live together or die together. status quo. The status quo does not de- want to decrease the influence of the They have to look at these ethnic divi- serve a vote. Taliban and defeat them, if we have to. sions and make their own decisions. We Again, I repeat, my vote is not a Hopefully, we can, in fact, work with will help. We will always help. But it is blank check. I am voting for this bill some of them. I am not convinced of their decision. not because I want the United States that, but it may be possible. We need So the first part of the bill is funding to remain bogged down in two wars, to give the Afghan security forces the to begin bringing the troops home from but because I want to give this admin- ability to defend their own people. Iraq. istration—the Obama administration— There is a lot more we have to do Second, this bill seeks to turn things the resources it needs to successfully over there to protect the most vulner- around in Afghanistan by providing a end these wars, starting with the war able Afghans, and that means the significant investment in diplomacy in Iraq. Furthermore, I don’t support women and the children of Afghani- and development, including, very im- an open-ended commitment of Amer- stan. I will talk more about that be- portantly to me and to a lot of my col- ican troops to Afghanistan; and if we cause this supplemental takes a huge leagues, for the Afghan women. A mili- do not see measurable progress, we step forward in protecting the women tary solution alone will not solve the must reconsider our engagement and and children there. problems in Afghanistan. We need a strategy there. It seems to me we have to give Presi- strategy that helps the Government In particular, we must do more to dent Obama an opportunity to bring provide for its people and invest in the sharply reduce the numbers of heart- about the change he promised. If I see civil society and those programs that breaking civilian casualties. As ADM that change is not coming, I am not are crucial to the long-term security Mike Mullen, Chairman of the Joint going to be there. But today, I believe and prosperity of that country. Chiefs of Staff, recently said: we should give him that chance. Development is very important to We cannot succeed in Afghanistan, or any- To think that we actually had Osama the people of Afghanistan. I am very where else . . . by killing Afghan civilians. bin Laden cornered at one time, but proud that this bill takes critical steps ... the obsession with Saddam Hussein to support Afghan women and girls. In a reference to a U.S. airstrike in drove us away in those Bush years from Today, more than 7 years after the the Farah Province, Admiral Mullen that mission and brought us into a sit- international community helped free said: uation where we have lost so many of Afghan women from the prison of life We can’t keep going through incidents like our young men and women, many of under the Taliban, the situation for this and expect the strategy to work. them—30,000—were injured, some with women in Afghanistan remains dire. I could not agree more. President horrific injuries, and many more are I want to say to Senator LEAHY and Obama promised the American people a suffering from post-traumatic stress his staff: Thank you. Thank you for lis- new way forward in Iraq and a new way and brain injury. tening. Thank you for working with us. forward in Afghanistan. The passage of President Bush took his eye off Af- Thank you for working with the this bill will allow him to put the ghanistan, and so did Vice President women-led nongovernmental organiza- pieces in place to keep his promises by Cheney. Frankly, sadly, we come to tions. finishing the mission in Afghanistan, this day. I understand why some col- Without Senator LEAHY and his staff, which was shortchanged because of the leagues might just say: I don’t want to we would not have this language in the Iraq war. I want to talk about that for hear about it. I don’t want to spend bill. I wanted to make that point. a minute. any more money on it. Just forget it. More than 80 percent of the women in I voted, after 9/11, to go after al- I don’t think that is the way to go. I Afghanistan are illiterate. More than Qaida, to go after the Taliban, to go think President Obama said very clear- one in six die in childbirth. These are after Osama bin Laden. The adminis- ly that he is going to bring change. I the voices that have been forgotten. We tration, instead of doing that, turned think this is the day. We either stand cannot return to the days when Afghan around and went into Iraq under the for change or for the status quo. That women had to be draped in burqas false premise that Iraq had something is my belief. against their will. If you have never to do with 9/11. We still have former In the Bush years we never really had tried on a burqa—and I am sure most Vice President Cheney out there trying enough resources to fight al-Qaida in people haven’t—let me tell you what it to convince the people that was the Afghanistan because we were waging feels like, because I did. You disappear. right thing to do. That was the wrong an open-ended war in Iraq. Remember, You become nothing. Remember when thing to do. There have been so many there were no benchmarks for progress. women were murdered in cold blood by needless deaths in Iraq. We left Afghan- It was day after day, death after death the Taliban in soccer stadiums? Those istan, and the Taliban returned in after death. Frankly, because the Iraq days must be over. force; and the people there are under war fueled recruitment by al-Qaida, It seems to me that walking away the yoke of the Taliban in many parts our Nation’s security has been com- from this supplemental at this time of that country. What a tragedy, be- promised. Our standing in the world says we are walking away from those cause of a mistaken policy. What a ter- has suffered. Again, most heart- women. We need to help them. We need rible legacy, because of a mistaken pol- breaking, American servicemembers to do everything we can to give them a icy. Yet the debate rages on. So I am and their families have paid the price. chance because to not do so would be going to engage in that debate. In my view, there are four provisions tragic. I believe we need to tackle this mis- in the supplemental that will help to This bill specifically appropriates sion in Afghanistan, which was short- correct our course. $100 million for programs that directly changed. I believe we must increase the First, the bill provides funding to get address the needs of Afghan women and role of the State Department and our our troops home from Iraq. These pro- girls. In addition to Senator LEAHY and civilian agencies in working toward visions are essential for President his staff, I thank Congresswoman NITA peace. I know my colleague in the Obama to meet his date of August 31, LOWEY and her staff. In the House bill, chair, Senator KAUFMAN, has been very 2010, to remove combat brigades from they also put in quite a few resources eloquent on this point—a new way to Iraq and remove all of our troops by for the women-led NGOs. In our bill, we allow the Afghan people to, in essence, the end of 2011. do even more to directly address the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5773 needs of women and girls, including when they have served three, four, and that my vote indicates my support for funding for the Afghan Human Rights five times? We see some of the fallout a change in our foreign policy, a Commission and Afghan Ministry of on the mental health of our soldiers. change in Iraq to bring this war to an Women’s Affairs. We have seen some tragic things hap- end, a change to finally do what we I wrote a bill called the Afghan pen, including a soldier who actually have to do in Afghanistan so we do not Women Empowerment Act. Specifi- turned on his own colleagues and killed walk out and walk away as we did be- cally, the supplemental appropriates them. We cannot have servicemembers fore. The Taliban allowed al-Qaida to $30 million for Afghan women-led non- under this amount of stress from three, thrive, and we have to work in Afghan- governmental organizations, which is a four, five, or six deployments. Some of istan so that the people turn away key component of that bill. The inter- them can handle it. Not all of them can from the Taliban toward something national community cannot stay in Af- handle it. This bill will increase the else that is positive. And we can pro- ghanistan indefinitely. We know that. number of soldiers and marines, so we vide that. So this funding will help empower can help ease the burden of those who Strong diplomacy is in this bill. A those organizations that will provide have given and given. change in policy is in this bill. It is our for the needs of the Afghan community This bill includes funding to keep our best opportunity to achieve these ob- long after the international commu- servicemembers safer, including fund- jectives. If it does not work, I will be nity has left. ing for mine-resistant vehicles in Af- the first one to stand up here and say The supplemental includes $10 mil- ghanistan to combat the dangers of so because, frankly, I believe too many lion to train and support Afghan roadside bombs. It helps ease the of our brave soldiers have been put in women investigators, police officers, childcare needs of our military families harm’s way. I think this is the last use of a sup- prosecutors, and judges with responsi- by funding the construction of 25 child plemental appropriation, according to bility for investigating, prosecuting, development centers to serve 5,000 chil- the administration, to fund military and punishing crimes of violence dren. It provides $230 million to com- operations in Iraq and Afghanistan. I against women and girls. plete construction of the Walter Reed This is particularly important in a welcome that. It says that our Presi- National Military Medical Center, and dent is going to hold true to his com- country where women have been so it provides funds for the construction marginalized. No female victim of vio- mitment to an open and transparent of nine warrior support facilities across government that is held accountable to lence will ever come forward if she be- the United States. Our soldiers need the people. We are going to have these lieves there is no system in place or re- help. They cannot be expected to travel policies funded through the regular sources to help her. What happens if across the country to get medical care, budget process. I understand why we she comes forward is that she becomes either for physical wounds or mental need this now. To bring about the a target. I don’t know how you feel wounds. We need to make sure we do change in Iraq and Afghanistan, we about it—I think I can guess—when this. cannot do it on the cheap. We have to any of us sees little girls being at- Finally, this bill provides funding for do it right. I think President Obama’s tacked with acid when they are going domestic programs that will safeguard quote—and I am not quoting him ex- to school. There is something deeply our security. It includes $1.5 billion to actly—was that we have to get out of wrong if America turns away from prepare and respond to a global disease there very carefully even though we that. We cannot, it seems to me, in pandemic, such as the H1N1 influenza did not get in there very carefully. good conscience not give this one more virus we are combating today. A lot of That is what we are doing. We are get- chance, which is what this supple- people say: Maybe you are overre- ting out of Iraq carefully. We are doing mental is doing because it is taking a acting. We just don’t know because in it right. We are funding the way to do major step to give the Afghan people other flu epidemics, we think we have it right. We are helping our soldiers. the chance to stand up for their conquered it, and then it comes back in And we are changing course in Afghan- women, children, and families. a more virulent form. We need to vac- istan, first of all, by paying attention Third, this bill recognizes the impor- cinate our citizenry. This is expensive to it, going after al-Qaida, trying to tance of Pakistan, a dysfunctional, nu- and a must-do. I am very pleased it is make sure the Taliban is not an option clear-armed nation that has some of in this bill. Just this week, two lives people choose there, and being very the most notorious al-Qaida terrorists were lost in New York City to the strong in our help toward the women of within its borders. Pakistan is one of virus. One victim was only an infant, Afghanistan. the greatest threats to international and the other was an assistant prin- I will be voting yes for all those rea- security that we face today. This dan- cipal of a school. Yes, we lose people to sons and watching closely. ger is such a concern that Bruce the flu every year. We know that. But Mr. President, I ask unanimous con- Riedel, a Brookings Institution scholar we want to make sure we are not fac- sent that for the next hour, this bill be who served as the coauthor of the ing something for which we are unpre- open to debate only. President’s review of our Afghanistan- pared. Better to be prepared, and this The PRESIDING OFFICER. Without Pakistan strategy, said that the coun- bill gives us the funds to prepare. objection, it is so ordered. try—this is Pakistan—‘‘has more ter- There is significant investment in Mrs. BOXER. Mr. President, I yield rorists per square mile than any other shoring up our southwest border and the floor, and I suggest the absence of place on Earth, and it has a nuclear also combating drug traffickers who a quorum. The PRESIDING OFFICER. The weapons program that has grown faster operate there. We keep seeing horrific clerk will call the roll. than anyplace else on Earth.’’ It seems violence along the border. It is deplor- The bill clerk proceeded to call the to me to walk away from that threat is able. The drug cartels must be stopped roll. the wrong course. This bill provides and the perpetrators brought to jus- Mr. LEAHY. Madam President, I ask funds for nonmilitary aid and counter- tice. That is also in this bill. This is an unanimous consent that the order for insurgency training to enable the Paki- emergency spending bill. the quorum call be rescinded. stani Government to defeat the grow- It also includes $250 million for emer- The PRESIDING OFFICER (Mrs. ing extremist threat within its borders. gency firefighting activities. California HAGAN.) Without objection, it is so or- Fourth, this bill provides funding to has suffered devastating wildfires over dered. help our servicemembers and their the last few fire seasons. I know all of Mr. LEAHY. Madam President, I ask families deal with the wounds of war you have watched in horror at the re- unanimous consent that upon the com- and to improve their quality of life. It cent wildfire in Santa Barbara. We pletion of my statement, Senator provides funding to increase the num- know we are facing terrible challenges. ISAKSON be recognized for 5 minutes, ber of soldiers and marines to help ease We are facing warmer temperatures. and then that Senator BROWN be recog- some of the burdens on servicemembers We are facing more drought conditions. nized for 10 minutes. That will allow and families who have served three, The funding will help ensure resources all of our statements to be completed four, and five deployments to combat are on hand when they are needed. prior to a unanimous consent agree- zones. How can we walk away from giv- I have to say that this bill should be ment which will shortly be entered ing those soldiers relief at this point a must-pass. I have to also reiterate into.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5774 CONGRESSIONAL RECORD — SENATE May 21, 2009 The PRESIDING OFFICER. Without Our allies have been less willing to When we were hit with one of the objection, it is so ordered. help our counterterrorism efforts, and worst terrorist attacks ever in this Mr. LEAHY. I ask unanimous con- that has made our military men and country, Oklahoma City, did we say we sent that no Budget Act points of order women more vulnerable and our coun- cannot try the people we have now cap- be in order to H.R. 2346, as amended; try less safe. Terrorists have used our tured? We cannot have them in a court- that at 1 p.m., Senator CORNYN be rec- actions as a tool to recruit new mem- room where it is secure, we will not be ognized for debate only for up to 40 bers, which means then we have to fend able to punish them? Of course not. We minutes; that at the conclusion of Sen- off more enemies. went ahead, and we also established for ator CORNYN’s remarks, the time until Worse still, we have lost our ability the rest of the world that we follow a 2 p.m. be equally divided and con- to respond with moral authority if system of justice in America. And hav- trolled between the leaders or their other countries should mistreat Amer- ing been horribly damaged in Okla- designees; that at 2 p.m. today, there ican solders or civilians. homa City, we followed our system of be 40 minutes of debate with respect to Guantanamo has become the symbol justice. The rest of the world looked at the DeMint amendment No. 1138, with of the severe missteps our country it, and they learned from us. the time controlled as follows: 20 min- took in recent years. Changing our in- Let’s not step back from that. Repub- utes under the control of Senator terrogation policies to ban torture was lican luminaries such as GEN Colin DEMINT, 10 minutes under the control an essential first step. But only by Powell have agreed with this idea. One of Senators GREGG and INOUYE or their shutting the Guantanamo facility and Republican member of the Judiciary designees; that upon the use or yield- restoring tough but fair procedures can Committee, Senator GRAHAM, said, ing back of the time, the Senate pro- we repair our image in the world. We ‘‘The idea that we cannot find a place ceed to vote in relation to the amend- have to do that if we hope to have a to securely house 250-plus detainees ment; that no intervening amendment truly strong national security policy. within the United States is not ration- be in order to the language proposed to To close Guantanamo, we need our al.’’ be stricken by the DeMint amendment. national security and our legal experts So let’s let reality come in and over- The PRESIDING OFFICER. Without working hard to come up with a com- whelm rhetoric. It is time to act on our objection, it is so ordered. prehensive plan for its closure. We principles and our constitutional sys- Mr. LEAHY. Madam President, Presi- should be funding those efforts. By cut- tem. Those whom we believe to be dent Obama said in his campaign and ting off that funding, we have ham- guilty of heinous crimes should be has repeated it since the first days of strung the President’s initiative, and his Presidency that we must keep our tried. They should be penalized se- no matter what we intended to do, I be- verely, and our courts and our prisons Nation safe and secure, but we have to lieve we have made our Nation less are more than up to the task. Our do it in ways consistent with our val- safe. courts and our prisons are more up to ues. That is a sentiment I share, and Much debate has focused on keeping one that I have voiced in hearings and Guantanamo detainees out of the this task than those in any other coun- statements for years as well. United States. In this debate, political try in the world. But we also could To President Obama’s credit, to the rhetoric has entirely drowned out rea- have people who are innocent or where benefit of the Nation, he has worked son and reality. Our criminal justice we captured the wrong person. If so, since his first day in office to turn system handles extremely dangerous they should be released. these words into action to make our criminals, and it has handled more There are going to be tough cases. In- national security policy and our de- than a few terrorists, and has done so stead of cutting out the money the ad- tainee policy consistent with American safely and effectively. We try very dan- ministration needs to dispose of those laws and American values. That, in gerous people in our courts and we hold cases responsibly, knowing how tough turn, makes us more secure. I have very dangerous people in our jails in they will be, we ought to be doing just supported President Obama in these Vermont and throughout the country. the opposite and give them the re- steps, and I will continue to do so. We have the best justice system in the sources they need. That is why I have voted against world. Let’s put aside heated, distorted amendments to withhold funding to We have spent billions of dollars on rhetoric. Support the President in his close the Guantanamo detention facil- our detention facilities, on our law en- efforts to truly make our country a ity, and to prohibit any Guantanamo forcement, and our justice system. Are safe and strong Republic worthy of the detainees from being brought to the we going to say to the world, oh, my history and values that have always United States. These amendments un- goodness gracious, we are not good made America great. dermine the good work the President is enough to be able to handle criminal I believed that when I was a young doing, and they make us less safe, not cases of this nature? I do not believe lawyer in private practice. I believed safer. so. that when I was a prosecutor. I believe I believe strongly, as all Americans We try those dangerous people and that even more today as a Senator. do, we have to take every step we can we hold those dangerous people in jails I yield the floor. to prevent terrorism. Then we have to in Vermont and throughout our coun- The PRESIDING OFFICER. The Sen- ensure severe punishment for those try. We are showing the world that we ator from Georgia. who do us harm. As a former pros- can do it. I know; I have put some of TRIBUTE TO BILL SHIPP ecutor, I have never shied away from them there. We do it every day in ways Mr. ISAKSON. Madam President, I harsh sentences for those who commit that keep the American people safe and know most Members on the floor re- atrocious acts. I point to the times I secure. I have absolute confidence we member a song of about 25 years ago have requested and gotten for people I can continue to do it. called: ‘‘The Night the Lights Went have prosecuted life sentences, life sen- The Judiciary Committee has held Out in Georgia.’’ tences that they served without the several hearings on the issue of how to Well, on Tuesday of this week, a bea- possibility of parole. best handle detainees. Experts and con of light in journalism did go out in I also believe strongly we can ensure judges from across the political spec- Georgia, when Bill Shipp, a gifted po- our safety and security and bring ter- trum have agreed that our courts and litical writer, announced his retire- rorists to justice in ways that are con- our justice system can handle this ment after 50 years of reporting in the sistent with our laws and values. When challenge. Indeed, it has handled it South. we have strayed from that approach— many times already. Bill Shipp is a remarkable character. when we have tortured people in our What I am saying is, after all of It is said that all of us are replaceable. custody, or sent people to other coun- those billions of dollars, after all of the I am not sure Bill Shipp is replaceable. tries to be tortured, or held people for superb men and women we have work- He began his writing in Georgia as a years without even giving them a ing in our justice system, after all that political columnist for the Atlanta chance to go to court, to argue we were we spend on maximum security facili- Constitution. holding the wrong person, they are ties, are we going to say to the world, Starting in the late 50s, he covered being held in error—we have hurt our America is not strong enough to try the late Ivan Allen and the late Dr. national security immeasurably. even the worst of criminals? Martin Luther King and the Governors

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5775 and the politicians of that era from are located in today’s RECORD under Samuel L. Gravely, Jr.’s performance George Wallace to Lester Maddox, to ‘‘Submitted Resolutions.’’) and leadership as an African-American Jimmy Carter, to Carl Sanders. The Senator from Mississippi. naval officer demonstrated to America He wrote about the transition of the Mr. WICKER. I ask unanimous con- the value and strength of diversity. He old South to the new South. And in sent to speak as in morning business was a true professional with superb Washington, he covered the Civil for up to 4 minutes. skills as a seaman and admirable lead- Rights Act in the middle and late sev- The PRESIDING OFFICER. Without ership attributes. enties. He was a writer whose percep- objection, it is so ordered. The USS Gravely, christened in tion was keen, whose wit was sharp, SAMUEL L. GRAVELY, JR., FIRST AFRICAN- Pascagoula, will reflect his character, and whose pen was even sharper. AMERICAN U.S. NAVY FLAG OFFICER his forthrightness, and his steadfast- For 32 of his 50 years I was in elected Mr. WICKER. Madam President, this ness and will stand for and deliver his office in Georgia. I can make a true past weekend, at the Northrop-Grum- legacy wherever it serves. His spirit confession: When he wrote a column, man shipbuilding facility in aboard the USS Gravely will be an in- you went to the paper and you read Pascagoula, MS, the USS Gravely, the spiration to its crew, the U.S. Navy, Bill Shipp first. There was a reason for 57th Arleigh Burke class Aegis Guided and Americans for generations to that. If you were going to be the victim Missile Destroyer, was christened in come. of the day, you might as well go out honor of the late VADM Samuel L. I suggest the absence of a quorum. and find out what he was going to say Gravely, Jr. The PRESIDING OFFICER. The Vice Admiral Gravely was born in about you. But if you were not the vic- clerk will call the roll. 1922, in Richmond, VA. In 1942, Gravely tim of the day, you could relish in see- The legislative clerk proceeded to interrupted his education at Virginia ing some other politician being skew- call the roll. Union University and enlisted in the ered by that pen. Mr. CORNYN. Mr. President, I ask U.S. Naval Reserve. He attended officer Bill Shipp had a profound effect on unanimous consent that the order for training camp at the University of journalism in our State. For years he the quorum call be rescinded. California in Los Angeles after boot reported for the Atlanta Journal and The PRESIDING OFFICER (Mr. WAR- camp at the Great Lakes Naval Train- Constitution, but after a number of NER). Without objection, it is so oring Station in Illinois, and then mid- years he started his only publication dered. shipman school at Columbia Univer- whose title was: ‘‘Bill Shipp’s Geor- Mr. CORNYN. Mr. President, I under- sity. When he boarded his first ship in gia.’’ Never has there been a more ap- stand there is a previous—let me ask May of 1945, he became its first Afri- propriate name for a newsletter, be- can-American officer. unanimous consent that I be allowed to cause, in many ways, Georgia’s politics Gravely was the first African-Amer- speak for up to 40 minutes. was Bill Shipp’s possession. ican to command a fighting ship, the The PRESIDING OFFICER. That is Bill Shipp wrote about politics in USS Falgout, and to command a major the standing order. such a way that he changed politics in warship, the USS Jouett. As a full com- Mr. CORNYN. I appreciate it. Thank the South. While I would never accuse mander, he made naval history in 1966 you very much, Mr. President. Bill of having editorialized in a news as the first African-American com- AMENDMENT NO. 1139 article, the tone and tenor of the direc- mander to lead a ship, the USS Taussig, Mr. President, I want to address the tion of Bill Shipp’s perception of what into direct offensive action. He was the Senate on two subjects this after- was right and wrong could help to lead first African-American to achieve flag noon—first of all, on the subject of var- debates to a positive conclusion in an rank and eventually vice admiral. In ious memos and interrogation tech- otherwise period of discourse and trou- 1976, Gravely became the commander of niques, notably enhanced interrogation ble. the entire Third Fleet, commanding techniques, that were carried out in re- I love Bill Shipp for many reasons— over 100 ships, 60,000 sailors, and over- sponse to Office of Legal Counsel one, because he and I have had the seeing more than 50 million square memos that were written by lawyers pleasure of living in the same county miles of ocean. there, designed to provide guidance to for the last 40 years. The other is, I Gravely’s tenure in the naval service our CIA interrogators after 9/11 to help have learned a lot from him. I always was challenged with the difficulties of them protect the country against fu- appreciated him. In politics, Bill Shipp racial discrimination. As a new recruit, ture terrorist attacks. is the equivalent of Helen Thomas at a he was trained in a segregated unit; as I have an amendment that, because Presidential press conference. When a an officer, he was barred from living in of technical reasons, we will not be Georgia politician has a press con- the bachelor’s officers’ quarters. In able to vote on this week. But I want ference, Bill Shipp is there. When it is 1945, when his first ship reached its to assure my colleagues this issue is time for questions, he always has one. berth in Key West, FL, he was specifi- not going away, and we will be back to And when it comes time to roll the gre- cally forbidden entry into the officers talk about it more later. But I think it nade in the middle of the room, Bill club on the base. Gravely survived the is of sufficient gravity and importance Shipp will do it. He did it to me and to indignities of racial prejudice and dis- that I want to highlight it here for the others. played unquestionable competence as a next few minutes. Bill Shipp is a gifted friend, a man naval officer. First of all, this amendment I am re- for whom I wish the best in his retire- Gravely exemplified the highest ferring to is a sense-of-the-Senate ment. I think, finally, of those days on standards and demanded very high amendment. Let me summarize what it Ivy Grove and Cherokee Road in Mari- standards from his crew. Throughout does because I think it is important to etta where he and Tom Watson Brown his career, he stressed the rudiments of put it in context. and George Berry would sit at 5 in the professionalism—intelligence, appear- The sense-of-the-Senate amendment afternoon, have a libation, and discuss ance, seamanship and, most impor- reads as follows. It says: the next day’s column that Bill would tantly, pride. In the aftermath of the September 11, 2001 write. Bill Shipp is a treasured asset of Vice Admiral Gravely was a trail- attacks, there was bipartisan consensus that our State, a man who has contributed blazer for African-Americans in the preventing further terrorist attacks greatly to the growth of the new South military arena. He fought for equal [against] the United States was the most ur- and the new Georgia, a man whose con- rights quietly but effectively, letting gent responsibility of the United States Gov- tributions to journalism are pre- his actions and his military record ernment. eminent in our State, and a friend to speak for him. Gravely died on October A bipartisan joint investigation by the Se- whom I wish the very best in his retire- 22, 2004, at the naval hospital in Be- lect Committee on Intelligence of the Senate ment. thesda, MD. In a fitting tribute, the and the Permanent Select Committee on In- obituary on the U.S. Department of De- telligence of the House of Representatives I yield the floor. concluded that the September 11, 2001 at- The PRESIDING OFFICER. The Sen- fense Web site quoted Gravely’s for- tacks demonstrated that the intelligence ator from Ohio. mula for success: ‘‘My formula is sim- community had not shown ‘‘sufficient initia- (The remarks of Mr. BROWN per- ply education plus motivation plus per- tive in coming to grips with the new taining to the submission of S. Res. 156 severance.’’ transnational threats’’.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5776 CONGRESSIONAL RECORD — SENATE May 21, 2009 By mid-2002, the Central Intelligence Agen- the CIA funding to carry out its activities’’, Mr. President, I ask unanimous con- cy had several top al Qaeda leaders in cus- and ‘‘On a bipartisan basis . . . asked if the sent that the letter in which the Direc- tody. CIA needed more support from Congress to tor of National Intelligence made those The Central Intelligence Agency believed carry out its mission against al Qaeda’’. statements be printed in the RECORD that some of these al Qaeda leaders knew the The amendment further notes that: details of imminent plans for follow-on at- following my comments. No member of Congress briefed on the legal tacks against the United States. The PRESIDING OFFICER. Without analysis of the Office of Legal Counsel and The Central Intelligence Agency believed objection, it is so ordered. the proposed interrogation program of the that certain enhanced interrogation tech- (See exhibit 1.) Central Intelligence Agency in 2002 objected niques might produce the intelligence nec- Mr. CORNYN. Nor was this special to the legality of the enhanced interrogation essary to prevent another terrorist attack information available to only a few. techniques, including ‘‘waterboarding’’, ap- against the United States. proved in legal opinions of the Office of The New York Times reported it on The Central Intelligence Agency sought Legal Counsel. April 21, under the headline ‘‘Banned legal guidance from the Office of Legal Coun- The amendment further notes that: Techniques Yielded ‘High-Value infor- sel of the Department of Justice as to wheth- mation’, Memo Says.’’ That is a story er such enhanced interrogation techniques, Using all lawful means to secure action- including one that the United States mili- able intelligence based on the legal guidance in the New York Times which basically tary uses to train its own members in sur- of the Office of Legal Counsel [of the Depart- recounts what the Director of National vival, evasion, resistance, and escape train- ment of Justice] provides national leaders a Intelligence said. ing, would comply with United States and means to detect, deter, and defeat further I would remind my distinguished col- international law if used against al Qaeda terrorist [attacks] against the United States league from Illinois that it is, in fact, leaders reasonably believed to be planning [of America]. the Director of National Intelligence imminent attacks against the United States. The amendment further notes that: for President Obama who has affirmed This amendment further notes that: The enhanced interrogation techniques ap- not just the need but the usefulness of The Office of Legal Counsel is the proper proved by the Office of Legal Counsel have, the information and intelligence de- authority within the executive branch [of in fact, accomplished the goal of providing rived from these enhanced interroga- the Federal Government] for addressing dif- intelligence necessary to defeating addition techniques that were approved by ficult and novel legal questions, and pro- tional terrorist attacks against the United the legal authority for the executive States. viding legal advice to the executive branch branch of the Federal Government, the in carrying out [its] official duties. It further notes that: Office of Legal Counsel. It further notes that: Congress has previously established a de- My colleague from Illinois, Senator Before mid-2002, no court in the United fense for persons who engaged in operational DURBIN, argues that we need to allow States had [ever] interpreted the phrases practices in the war on terror in good faith prosecutors to follow the facts and the reliance on advice of counsel that [such] ‘‘severe physical or mental pain or suffering’’ law wherever they may lead—cer- and ‘‘prolonged mental harm’’ as used in sec- practices were lawful. tainly, a relatively harmless assertion; tions 2340 and 2340A of title 18, the United This amendment further notes that: States Code. one I would generally agree with. But The Senate stands ready to work [on a bi- here, we know enough about the facts The legal questions posed by the Central partisan basis] with the Obama Administra- Intelligence Agency and other executive tion to ensure that leaders of the Armed and the law to know there is no evi- branch officials were— Forces of the United States and the intel- dence that anyone acted with the in- This amendment notes— ligence community continue to have the re- tent required to prosecute under the a matter of first impression, and in the sources and tools required to prevent addi- law. I won’t bore the Senate with an words of the Office of Legal Counsel, ‘‘sub- tional terrorist attacks on the United analysis of what the criminal law re- stantial and difficult’’. States. quires in this context, but I would say The Office of Legal Counsel approved the This amendment concludes with this that the facts, as we know them, are to use by the Central Intelligence Agency of finding or sense of the Senate: give our public servants the benefit of certain enhanced interrogation techniques, It is the sense of the Senate that no person the doubt. As detailed in the Office of with specific limitations, in seeking action- who provided input into the legal opinions Legal Counsel memoranda, significant able intelligence from al Qaeda leaders. by the Office of Legal Counsel of the Depart- efforts were made to minimize signifi- The amendment further notes that: ment of Justice analyzing the legality of the cant harm that could arise from these The legal advice of the Office of Legal enhanced interrogation program, nor any techniques. Who could question the de- Counsel regarding interrogation policy was person who relied in good faith on [that legal advice], nor any member of Congress who sire of both the intelligence commu- reviewed by a host of executive branch offi- nity as well as the Department of Jus- cials, including the Attorney General, the was briefed on the enhanced interrogation Counsel to the President, the Deputy Coun- program and did not object to the program tice and the leaders responsible for pro- sel to the President, the General Counsel of going forward should be prosecuted or other- tecting our national security—who the Central Intelligence Agency, the General wise sanctioned. could question the good-faith need to Counsel of the National Security Council, This is the amendment I sought to get information that would actually the legal advisor of the Attorney General, offer that for technical reasons is not help prevent follow-on terrorist at- the head of the Criminal Division of the De- going to be voted on now. But, I assure tacks? partment of Justice, and the Counsel to the my colleagues, we will revisit this at a We know al-Qaida, on September 11, Vice President [of the United States]. later date. 2001, used crude weapons to attack our Further, the amendment notes that: I want to take issue with some of the country. Yet they were able to kill The majority and minority leaders in both comments by my distinguished col- 3,000 Americans, roughly. Our intel- Houses of Congress,— league from Illinois, the majority ligence community and our national Both in the Senate and in the House, whip, who I believe—it was yesterday, leadership knew al-Qaida was not satis- as well as— or maybe the day before—said there fied with such primitive weapons but, the Speaker of the House of Representatives, was no basis for my assertion that indeed, was seeking biological, chem- and the chairmen and [ranking members] of there was actionable intelligence ical or nuclear weapons. We know how [both] the Select Committee on Intelligence gained from the so-called enhanced in- important it was for our intelligence of the Senate and the Permanent Select terrogation techniques, and questioned officials to get the information they Committee on Intelligence of the House of what my source was. needed. We know the lawyers at the Of- Representatives received classified briefings I would remind the distinguished fice of Legal Counsel who rendered this on [both the proposed techniques and the Of- fice of Legal Counsel advice] as early as Sep- Senator from Illinois that the source is legal advice were doing what they tember 4, 2002. President Obama’s Director of National thought was their responsibility in Intelligence, Dennis Blair, who wrote, good faith. Indeed, the Members of The amendment further notes that: on April 16, 2009, that ‘‘high-value in- Congress who had the responsibility to Porter Goss, then-chairman of the Perma- formation came from interrogations in perform congressional oversight on nent Select Committee on Intelligence of the House of Representatives, recalls that he and which these methods were used, and these activities, I believe, dem- then-ranking member Nancy Pelosi ‘‘under- provided a deeper understanding of the onstrated their good-faith desire to do stood what the CIA was doing’’ [and] ‘‘gave al Qaeda organization that was attack- what was necessary to protect our the CIA our bipartisan support’’ [and] ‘‘gave ing this country.’’ country. I believe we know enough to

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5777 say these people—all of them—acted in EXHIBIT 1 taken, and improvements are put in place to good faith. DIRECTOR OF prevent reoccurrences. NATIONAL INTELLIGENCE, As a young Navy officer during the Viet- It has been suggested the standard Washington, DC, April 16, 2009. nam years, I experienced public scorn for those of us who served in the Armed Forces we apply is whether the advice fell DEAR COLLEAGUES: Today is a difficult one within the range of legitimate analysis for those of us who serve the country in its during an unpopular war. Challenging and and within the range of reasonable dis- intelligence services. An article on the front debating the wisdom and policies linked to wars and warfighting is important and legiti- agreement common to legal analysis of page of The New York Times claims that the National Security Agency has been col- mate; however, disrespect for those who important statutory and constitutional serve honorably within legal guidelines is lecting information that violates the privacy questions. I believe that has been dem- not. I remember well the pain of those of us and civil liberties of American citizens. The who served our country even when the poli- onstrated, and but for this technical release of documents from the Department cies we were carrying out were unpopular or objection to the amendment, I am con- of Justice’s Office of Legal Counsel (OLC) could be second-guessed. fident we would receive an over- spells out in detail harsh interrogation tech- We in the Intelligence Community should whelming bipartisan vote of support niques used by CIA officers on suspected al not be subjected to similar pain. Let the de- for this sense-of-the-Senate resolution. Qa’ida terrorists. bate focus on the law and our national secu- As the leader of the Intelligence Commu- The distinguished Senator from Illi- rity. Let us be thankful that we have public nity, I am trying to put these issues into per- servants who seek to do the difficult work of nois, Senator DURBIN, says we should spective. We cannot undo the events of the protecting our country under the explicit as- allow prosecutors and the Department past; we must understand them and turn this surance that their actions are both nec- of Justice to decide whether to bring a understanding to advantage as we move into essary and legal. case against these officials: The intel- the future. There will almost certainly be more media It is important to remember the context of ligence community, the lawyers who articles about the actions of intelligence these past events. All of us remember the agencies in the past, and as we do our vital drafted the legal advice, and perhaps horror of 9/11. For months afterwards we did work of protecting the country we will make even the Members of Congress who ac- not have a clear understanding of the enemy mistakes that will also be reported. What we quiesced and facilitated these enhanced we were dealing with, and our every effort must do is make it absolutely clear to the interrogation techniques following a was focused on preventing further attacks American people that our ethos is to act le- classified briefing. But I would suggest that would kill more Americans. It was dur- gally, in as transparent a manner as we can, ing these months that the CIA was strug- there is no case to be brought against and in a way that they would be proud of if gling to obtain critical information from we could tell them the full story, these individuals. Any prosecution that captured al Qa’ida leaders, and requested It is my job, and the job of our national arises out of this interrogation pro- permission to use harsher interrogation leaders, to ensure that the work done by the gram would clearly be based upon poli- methods. The OLC memos make clear that Intelligence Community is appreciated and tics and not on the law. senior legal officials judged the harsher supported. You can be assured the President methods to be legal, and that senior policy- knows this and is supporting us. It is your I would submit the amendment I makers authorized their use. High value in- responsibility to continue the difficult, often have offered—and that I described and formation came from interrogations in dangerous and vital work you are doing which I will reoffer again at an appro- which those methods were used and provided every day. priate time—is a call for reasonable- a deeper understanding of the al Qa’ida orga- Sincerely, ness and national unity. The calls for nization that was attacking this country. As DENNIS C. BLAIR. the OLC memos demonstrate, from 2002 prosecution of good-faith patriots has Mr. CORNYN. Mr. President, I am through 2006 when the use of these tech- going to turn to another subject, but simply gone too far. When bloggers and niques ended, the leadership of the CIA re- others—not to single out bloggers but peatedly reported their activities both to Ex- may I inquire how much time is re- even Members of this body—have sug- ecutive Branch policymakers and to mem- maining under the unanimous consent gested that we somehow need a truth bers of Congress, and received permission to agreement? The PRESIDING OFFICER. The Sen- commission and have suggested that continue to use the techniques. Those methods, read on a bright, sunny, ator has 27 minutes remaining. prosecutions might be the appropriate safe day in April 2009, appear graphic and Mr. CORNYN. I assure the Chair I outcome, when they are suggesting disturbing. As the President has made clear, will not use all that time. that prosecutions under these cir- and as both CIA Director Panetta and I have HEALTH CARE REFORM cumstances occur, then I think our po- stated, we will not use those techniques in Mr. President, I wish to discuss an- the future. I like to think I would not have litical environment has changed in a other very serious challenge in our dangerous way and one which will cer- approved those methods in the past, but I do not fault those who made the decisions at country and that is how to reform our tainly chill our intelligence officials in that time, and I will absolutely defend those broken health care system to serve the gathering actual intelligence necessary who carried out the interrogations within needs of the American people and to to keep us safe and certainly discour- the orders they were given. help bring down the costs of health age patriots who want to serve and who Even in 2009 there are organizations plot- care, which now prices many people are willing to serve in Government. ting to kill Americans using terror tactics, out of the market and contributes to When policy differences become and although the memories of 9/11 are be- the too large number of Americans who coming more distant, we in the intelligence criminalized in ways that some have services must stop them. One of our most ef- don’t have health insurance. suggested, it is not helpful to our coun- fective tools in discovering groups planning I am a relatively new member of the try. Indeed, I think it is dangerous to to attack us are their communications, and Senate Finance Committee, and under our national security. it is the job of the NSA to intercept them. the leadership of Senator BAUCUS and The NSA does this vital work under legisla- Senator GRASSLEY, we have been dis- We know there is an unfortunate his- tion that was passed by the Congress. The cussing our various policy options for tory of hysterias, panics, and mob rule NSA actions are subject to oversight by my some time. There has been some dis- from time to time that occurs, whether office and by the Justice Department under cussion on the floor about the subject. it is from Salem through the McCarthy court-approved safeguards; when the inter- Indeed, my colleagues from Oklahoma era. When justice is steered by passion cepts are conducted against Americans, it is with individual court orders. Under these au- and North Carolina, Senator BURR and and politics rather than by reason and Dr. COBURN, have introduced a bill the rule of law, it is not worthy of the thorities the officers of the National Secu- rity Agency collect large amounts of inter- which they believe addresses the need name ‘‘justice.’’ Once you stir up an national telecommunications, and under for health care reform in a significant angry mob, we know it is unpredictable strict rules review and analyze some of way. where that mob might lead or who them. These intercepts have played a vital On Monday, I am going to return to might get caught up in the mob’s ac- role in many successes we have had in my State of Texas and travel around tion. But we know already too many thwarting terrorist attacks since 9/11. the State to basically talk about com- patriotic Americans have been tar- On occasion. NSA has made mistakes and monsense solutions to this health care intercepted the wrong communications. The geted by the present hysteria. This numbers of these mistakes are very small in crisis. Last Monday, I spent some time amendment calls for an end to the terms of our overall collection efforts, but in Houston, TX, with the Houston hysteria and a return to reason, civil- each one is investigated, Congress and the Wellness Association and others con- ity, national unity, and the rule of law. courts are notified, corrective measures are cerned about how we can spend more of

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5778 CONGRESSIONAL RECORD — SENATE May 21, 2009 our energy and effort on keeping people grandchildren and not taking it upon sisting, as their elected representa- healthy and preventing disease which ourselves. tives, that we have access to that in- will, of course, avoid unnecessary In fact, as we know, the Federal def- formation in deciding how to spend human suffering but also help us con- icit in 2009 will be nearly as large as their money in entitlement programs tain the too high price of health care. the entire Federal budget was in 2001. such as Medicare and Medicaid. Pa- We know what is at stake in the Let me say that again. This is stag- tients should also, I believe, have a health care reform debate. I believe my gering. The Federal deficit in 2009 will choice of providers who compete for constituents in Texas—and I believe be nearly as large as the entire Federal their business. We know that competi- the American people, generally—don’t budget in 2001. As the distinguished oc- tion produces higher quality, better want to be served up a fait accompli in cupant of the chair, who is the former service, and a lower price. We can see Washington. They don’t want to wake chief executive of his State, the Com- that across the board. When the marin July or August and find that Con- monwealth of Virginia, knows, that ket helps discipline spending, it im- gress has taken a blank sheet of paper kind of growth cannot be sustained in- proves quality and lowers price. We can and basically deprived them of the op- definitely. Indeed, we are cruising for a do that in health care by empowering portunity to keep the health care they disaster when it comes to unrestrained individuals and giving them more ac- presently have and instead present health care costs, both for individuals cess to information, greater trans- them with something else which they and for small businesses but also for parency, quality, and price, making don’t want and which does not promise the Government when it comes to enti- them better informed consumers. to make health care more accessible tlement spending. We also know our tax and our legal but, rather, will make it more expen- I agree with what President Obama system need reform so all Americans sive and less accessible. I know my said last week. He said our current def- are treated fairly. We have to end the constituents in Texas don’t want elites icit spending is unsustainable. I agree cost shifting that now goes with too in Washington to make decisions for with that. He said we are mortgaging low reimbursement rates for Medicare them. They want to be informed about our children’s future with more and and Medicaid, which means it is harder the debate, and they want to then dis- more debt. I think all Americans agree and harder for an individual to find a cuss with me and their other elected with what President Obama said, but doctor who will actually accept those representatives what they want—not we have yet to see the hard decisions submarket rates to care for them. what is dictated to them from Wash- that would lead us back to a path of I was in Dallas a couple years ago. I ington inside the beltway. fiscal discipline. It is the contrary: was in an emergency room at a hos- Whether you are putting together a more spending, more borrowing, with pital, while touring the hospital, and family budget or a business plan, we all no fiscal discipline. As we look at there was this wonderful woman who see the same problem, and that is the health care reform, our people want so- came into the emergency room and rising cost of health care. We know lutions that will lower the costs of someone asked her what she wanted. health care costs have risen faster than health care, without increasing the She said: I need my prescriptions re- inflation in both good times and bad debt, without raising taxes, and with- filled—in the emergency room at a hos- times. Health care costs, we know, out reducing quality or access to care. pital in Dallas. She couldn’t find a doc- force many self-employed workers and I have heard a lot of discussions in tor who would accept her as a new small businesses into the ranks of the the context of the Finance Committee, Medicare patient, so the only place she uninsured. We also know that health talking about what options are avail- knew where to go was to the emer- care costs in America are twice as able to the Congress in dealing with gency room to get a prescription, to re- much per capita than they are in most this health care crisis and, honestly, fill her medications. That is incredibly of the developed world. In fact, we most of them deal with how we can em- inefficient and an incredibly costly spend roughly 17 percent of our gross power the Government to make more way to deliver health care. We have to domestic product on health care. I be- and more decisions on behalf of pa- find a way to do it better. lieve the next highest country to us is tients. I think that is the opposite di- Right now we know that for private Japan, an industrialized country, rection from which we ought to go to health insurance, the costs are shifted which spends roughly 9 percent of GDP. approach this problem. We ought to in order for health care providers to But we also know there are a lot of look at what puts patients back in provide care to everybody. That cost hidden costs—there are not just the ob- charge; what gives individuals the shifting results in higher premiums, vious costs—on families and busi- power to consult with their own pri- smaller paychecks, tax increases, and nesses. These hidden costs show up in vate physician and make a decision; more public debt, and we ought to at- smaller paychecks for working men what is in the best interests of them- tack it head-on. and women all across this country. All selves and their family when it comes We also know from experience that things being equal, one would think to health care. Let’s not put barriers in putting patients in charge can lower that rising productivity of the Amer- the way of that sacred relationship be- health care costs. At the Federal level, ican worker would lead to higher tween a patient and a doctor, and for believe it or not, we actually have a wages, but instead, for many workers, sure let’s not use rationing—denying Federal program that, contrary to in- more compensation takes the form of and delaying access to care—as govern- tuition and some people’s skepticism, higher health care premiums, when ment-run programs abroad use in order actually demonstrates this. they could be receiving greater com- to control costs. This is a success of Medicare Part D, pensation in terms of wages that they Let’s put patients back in charge. the prescription drug program. Medi- could then spend on other purposes. That ought to be our battle cry as we care Part D gives seniors choices But because of rising deductibles, approach this current crisis. among entirely private plans, with no copays, and the rising costs, we see ris- Patients should have more control, government-run plan at all, no ‘‘public ing health care costs actually squeeze not less control, over their own health option’’ at all. As a result of the suc- worker pay in America such that, in care. One way we can do that is giving cesses of Medicare Part D, seniors have many instances, that pay is stagnant, them more and better information on seen program costs that are 37 percent if not declining. cost and quality of their care. How in less than anticipated, and more than 80 Hidden costs also show up in the $36 the world can we have an effective percent of seniors are satisfied with the trillion of unfunded liabilities in the market for health care, which will pro- program. Medicare Program, as well as other en- vide lower costs, if, in fact, patients I think this example proves the point titlements. Our people are concerned are denied access to information about I was making earlier—that greater ac- about the hidden costs of all the bor- cost and outcomes? They not only cess to information about quality and rowing we are doing in Washington and want to know how much it is going to cost gives people more choices, creates the unprecedented spending. Nearly 50 cost them; they want to make sure it is competition in a market that dis- cents on every dollar spent in Wash- a good, quality service, and we ought ciplines cost, and ultimately brings ington is borrowed, leaving the fiscal to be in the business of providing them down those costs and increases satis- responsibility for our children and that information. We ought to be in- faction.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5779 At the State level, good ideas for CBO. These proposals include what I up innocuous names, such as ‘‘public Medicaid reform have come from Flor- would consider to be commonsense ap- plan,’’ for some really scary stuff. A ida, South Carolina, Indiana, and other proaches that I think are good, such as ‘‘public plan’’ is simply a Washington States. These programs have given more health care technology and pre- takeover of health care; it is plain and some of the lowest income Americans vention initiatives. We have even seen simple. It is not an option. In the end, more choices and more control over the a number of interest groups, provider it will be the only place you can go dollars spent on their behalf. Again, groups, appear with the President last under a single-payer system. costs are lower and participants are week, pledging they would cut the We should take this pledge, too, Mr. generally satisfied with these progrowth of health care costs, over the President. We should guarantee that grams. next 10 years, $2 trillion. That all Americans who currently have health The private sector has some very sounds good until you start looking at insurance that they like ought to be good ideas as well. Steve Burd, of it and realize there is actually no enable to keep it—that is about 85 per- Safeway, has talked to many of us on forcement mechanism at all. It is a cent—as we look for ways to increase both sides of the aisle about their suc- meaningless pledge, and there is going access for people who don’t have health cessful experimenting with health care to continue to be upward pressure on insurance. One think tank that looked costs at their company by providing fi- health care costs across the board un- at this so-called public plan—or Wash- nancial incentives to quit smoking, less we do something about it. ington takeover of health care, which lose weight, exercise, control blood Only in Washington, DC, would peo- would drive all private competitors out pressure and cholesterol, and get the ple embrace the notion that to save of the market by undercutting them— appropriate diagnostic tests at a rea- money, you have to spend more money. estimated that 119 million Americans sonable price. It is not just counterintuitive, it is will lose their private health insurance There is also another successful pro- unproven. I don’t think there is any if this Washington takeover, under the gram, and I am going to meet with ex- justification for that suspicion. If there title of ‘‘public plan,’’ is embraced. ecutives and employees at Whole is, I would just love to see it. I don’t think we ought to take as a matter of We know the Federal Government is Foods, which is located in Austin, TX, not a fair competitor. While it serves where I live. Whole Foods has con- blind faith that by spending over a trillion dollars more of tax money on top also as a regulator and a funder, the ducted a successful experiment with Federal Government says: Take it or high-deductible insurance plans with of the 17 percent of GDP we are already spending now, that somehow miracu- leave it. It is price fixing. Nobody else personal wellness accounts that each can compete with the Federal Govern- employee controls. Whole Foods has lously, with the wave of a wand, by suspending our powers of disbelief, we are ment. The public plan, so-called, would seen fewer medical claims, lower pre- simply shift cost to taxpayers and sub- scription drug claims, and fewer hos- going to bend the curve on the growth of health care costs, which are bank- sidize inefficiency, as Medicare and pital admissions through this program. Medicaid do today. They are broken So why in the world would we want rupting the country when it comes to systems that we don’t need to emulate to dictate a single-payer system out of Medicare and putting health insurance by making Medicare for all. Why would Washington for 300 million people when and health care out of the reach of we emulate Medicare when it is broken we have seen successful experiments many hard-working Americans. and on an unsustainable financial and innovation across the country that We have heard about some inter- path? We need new ideas and innova- we can learn from and adopt to em- esting ideas, such as comparative effec- tions that put the people in charge and power patients and consumers, not tiveness research, which sounds good will help bring down costs. Greater Washington bureaucrats? Some, at first blush. In the stimulus plan, the transparency, more choices, and mar- though, in Washington have simply Federal Government spent, or pledged, ket forces will increase satisfaction given up on the private sector when it more than a million dollars on that. It while bringing down costs. comes to delivering health care needs. sounds pretty good. Let’s finds out They want to shift more power and what works. Well, I am concerned that There is another scary concept out control to the Federal Government. I the Government will use this research there that is called a ‘‘pay or play’’ think that is a terrible mistake. to delay treatment and deny care. The mandate for employers. When I talk to We have heard ideas about how to in- way the Government contains health small businesses in Texas, they tell me crease spending to pay for more Gov- care costs is by rationing, pure and one of their most difficult decisions is ernment control, at a time when we al- simple. That is what happens in Medi- how do they provide health care for ready spend 17 percent of the GDP on care. I mentioned the woman in Dallas their employees in small businesses? It health care—again, nearly twice as who couldn’t find a doctor to accept is hard to get affordable health insur- much as our next closest competitor in her as a new Medicare patient. It is be- ance. Some in Washington are pro- an industrialized nation, Japan—17 per- cause the Government reimburses at posing taking this to what I would call cent in the United States compared to such a low rate. So we have a promise a ‘‘mandate on steroids.’’ Basically, it 9 percent in Japan, and other countries of coverage, which everybody applauds, would say that if a small business are far lower. but it denies people access because the doesn’t provide health insurance cov- Raising taxes is simply a terrible Government denies and delays care by erage for its employees, it is going to idea, especially during a recession. using rationing as a way to control have to pay a punitive tax. That is why Raising taxes would also break the costs. We don’t need that. Certainly, they call it ‘‘pay or play.’’ New man- President’s pledge he made in the cam- we don’t need that, based on the ‘‘cook- dates on job creators would do nothing paign last year when he assured Ameri- book’’ medicine prescribed by Govern- but head us in the wrong direction dur- cans that no family making less than ment bureaucrats, who will say: We ing a recession, where we are fighting $250,000 a year will see any form of tax will pay for this procedure but not that the best we can in the private sector to increase—not your income tax, not other procedure because it is not in our create new jobs and retain the ones we your payroll tax, not your capital ‘‘cookbook.’’ Last week, Medicare re- have. We know the costs of this ‘‘pay gains taxes, not any of your taxes. But fused to pay for less-invasive or play’’ mandate are going to ulti- we can help the President keep his colonoscopy procedures. I don’t think mately be passed down to the workers pledge—not help him break it—by em- the American people are crying out for in the form of lower wages, just as they powering patients and consumers, ordi- more Government control of their are today under a broken system. nary Americans, to make their deci- health care decisions based on cost- I have heard good ideas about health sions and not empower bigger and big- based decisions. That is what they care reform. I hope we will have a ro- ger government to take those decisions would get if the proponents of the so- bust debate about the options available away from them and dictate them. called public plan get their way. to the American people to fix this bro- In the Finance Committee, we have Again, I don’t know who it is in ken system. I have to tell you that heard a number of proposals that may Washington, DC—there must be a little many proposals out there that seem to improve care but are not going to con- group, a cabal of individuals sitting be- be gathering momentum are deeply tain costs—at least according to the hind closed doors, that tries to think troubling. As I have said, I believe the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5780 CONGRESSIONAL RECORD — SENATE May 21, 2009 best way to approach health care re- What my amendment does, which nesses open as possible, and at the very least form—indeed, governance generally—is now has 20 very bipartisan cosponsors, assist these dealerships, the employees, and from the bottom up, not the top down. is to say: Give these dealers 3 more their loyal customers transition as we move We need to take our time and get forward in this process. weeks. Give them 3 more weeks to have Between Chrysler and GM, it appears that this right and not, in our haste, an orderly transition out of a company. approximately 100,000 jobs nationally are at produce a bad bill that will even deny There are estimated to be 40,000 em- risk as a result of the dealership closings. In people the choices and coverage they ployees of these Chrysler dealerships West Virginia, 17 of 24 Chrysler dealerships have now. We need to listen to the peo- who received 3 weeks’ notice—40,000. have been told their franchises will end on ple who are running small businesses We are dealing with so many issues in June 9, 2009, while a publicly undisclosed and raising families across this coun- these auto manufacturer closings, the number of GM franchises were notified that try. That is what I plan to do in Texas their agreements will stop in October 2010. bankruptcies. We all want the auto This puts hundreds, if not thousands, of em- next week. I hope my colleagues will manufacturers to stay in business. We ployees’ jobs at risk and will have a crippling take advantage of the next week’s re- do. The Government is making a huge impact on local communities across the cess to do likewise. investment in that hope. But the group State as less tax revenue will likely trans- This is too important to get done that is getting nothing right now is the late into cuts in important and much needed wrong. Let’s take our time and listen dealers. government services, especially during these to the stakeholders and people who will The dealers also are the group that challenging economic times. suffer the negative consequences if we The egregious timeframe and terms of has done nothing that caused this prob- these franchise terminations seem unprece- get it wrong, and let’s work together lem in the first place. They did not de- dented to me. As you both know, most auto with President Obama and the adminis- sign the cars, they did not manufacture dealers have a few months of inventory of tration to try to get it right. the cars, but they did buy them. There new vehicles on their lots, though some may I thank the Chair. I suggest the ab- is no cost to the company that manu- have up to six-months worth. This means if sence of a quorum and ask unanimous factures because these dealerships have the dealers stopped adding cars to their in- consent that the time be charged purchased these cars. They have pur- ventories last week when GM and Chrysler equally to both sides. chased the parts. They have purchased announced their decisions, they would still be able to sell cars for six months before The PRESIDING OFFICER. Without the special tools to do the repairs. Yet objection, it is so ordered. they run out. From what I have been told, now they are being told they cannot Chrysler will not buy back this inventory of The clerk will call the roll. sell, they cannot repair and, oh, by the The assistant legislative clerk pro- vehicles or even parts and instead has ar- way: We are not going to guarantee ranged for the remaining dealers to buy the ceeded to call the roll. you will have your parts and inventory unsold cars from dealers set to lose their Mrs. HUTCHISON. Mr. President, I bought. This is just not right. That is franchises. So come June 10th, terminated ask unanimous consent that the order why there are 20 cosponsors to this dealers will only be able to sell that inven- for the quorum call be rescinded. amendment, and it is growing by the tory to remaining dealers, likely at substan- The PRESIDING OFFICER. Without tial losses since they may well have backlogs hour. objection, it is so ordered. of inventory themselves. While GM has at I submit for the RECORD a letter that AMENDMENT NO. 1189 this point agreed to allow its terminated Senator ROCKEFELLER wrote to the dealers to continue to sell vehicles until Oc- Mrs. HUTCHISON. Mr. President, I chief executive officer, Robert Nardelli, now have 20 cosponsors of amendment tober 2010, I am concerned that this deadline in which he, too, is protesting the egre- will be moved up if GM enters bankruptcy as No. 1189. I ask unanimous consent to gious timeframe and terms of these many expect. add Senator KLOBUCHAR, Senator franchise terminations which he said Such franchises face a similar situation CARDIN, Senator BEN NELSON, Senator ‘‘seem unprecedented to me.’’ when it comes to large inventories of parts BROWNBACK, Senator ROBERTS, Senator As you know, most auto dealers have and manufacturer-related tools. From discussions with these dealership owners, it ap- GRASSLEY, Senator BURR, Senator a few months of inventory of new vehi- JOHANNS, and Senator SCHUMER as co- pears that some of this inventory may have cles on their lots, though some may been accepted as a result of manufacturer sponsors of amendment No. 1189. have up to 6-months’ worth. This The PRESIDING OFFICER. Without pressure to purchase additional, unneeded means if the dealers stopped adding stock, possibly in order to help the compa- objection, it is so ordered. cars to their inventories last week nies avoid bankruptcy. Now these dealer- Mrs. HUTCHISON. Mr. President, I when GM and Chrysler announced their ships will likely have no other alternative add these cosponsors because more and decisions, they would still be able to but to sell their stock of parts and tools to more of our Senators are learning what sell cars for 6 months before they run surviving dealers for pennies on what they has happened to these dealerships that paid. out. have been notified by Chrysler that I am also worried about the negative im- But Chrysler is saying they will not pacts of your companies’ decisions on con- they have 3 weeks to completely dis- buy back this inventory or even parts solve a business that has been part of a sumers who have warranties and service con- and instead has arranged for the re- tracts, especially in rural areas like West community for 20 years, 30 years, up to maining dealers to buy the unsold cars Virginia. Many families have consistently 90 years. The oldest car dealership in from dealers set to lose their fran- bought cars from the same dealership in Texas is 90 years old—a grandfather, chises. But there is no guarantee of their local community and have built long- father, and now a son running that car that. Right now it is just a hope. term relationships with the dealership’s dealership. They were noticed 3 weeks There being no objection, the mate- owner. Now these West Virginians will be from May 14 that dealership will be forced to travel unreasonable distances due rial was ordered to be printed in the to the local dealership having their franchise closed. RECORD, as follows: Just to give a view of what the deal- agreement terminated. In some cases, cus- U.S. SENATE, COMMITTEE ON COM- tomers will be in the untenable position of ers received on May 14 and why these MERCE, SCIENCE, AND TRANSPOR- having to drive over an hour to simply have 789 who received this notice are so con- TATION, their cars serviced and their warranties hon- cerned is because the letter they were Washington, DC, May 20, 2009. ored. sent says: ROBERT NARDELLI, While I understand that as part of GM’s As a result of its recent bankruptcy filing, Chief Executive Officer, Chrysler LLC, Auburn and Chrysler’s restructurings you may need Chrysler is unable to repurchase your new Hills, MI. to examine your dealership contracts, I urge vehicle inventory. As a result of the recent FRITZ HENDERSON, you to reconsider your decisions to termi- bankruptcy filing, Chrysler is unable to pur- Chief Executive Officer, General Motors Cor- nate these franchise agreements. As two chase your Mopar parts inventory. And fur- poration, Detroit, MI. companies that have received billions of dol- thermore, as a result of the bankruptcy fil- DEAR MR. NARDELLI AND MR. HENDERSON: I lars in Troubled Assets Relief Program ing, Chrysler is unable to purchase your es- am writing to express my deep concern with (TARP) funding, I would hope at the very sential special tools. Chrysler’s and General Motors’ (GM) recent least that Chrysler will establish a more rea- After 90 years of operating a Chrysler announcements to terminate franchise sonable transition period that will allow its agreements with 789 and roughly 1,100, re- terminated franchises to stay open beyond dealership, a company is now told they spectively, automobile dealerships across June 9th. I would also hope that regardless will have no ability after 3 weeks to this country and to urge both of you to re- of whether it enters bankruptcy, GM will sell a Chrysler automobile, nor will consider these decisions. It is my belief that honor its commitment to allow terminated there be a guarantee for repurchase. we must work to keep as many of these busi- dealers to remain open until October 2010.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5781 Both of these actions would permit dealer- from Chrysler that something is com- My legislation would tie educational ships to sell most of the inventory of their ing together. I think everyone has the benefit rates for guardsmen and reserv- vehicles, parts, and tools; maintain their right goal. We need to work together to ists to the national average cost of tui- used vehicle businesses and service and re- achieve that goal. tion standard that is already applied to pair centers; allow consumers to continue to Active-Duty educational benefit rates. have access to quality service and the hon- I yield the floor. oring of warranties and service contracts; The PRESIDING OFFICER. The Sen- This builds upon my total force GI bill, and keep job losses to an absolute minimum. ator from Arkansas. first introduced in 2006, which was de- Thank you for your urgent attention to Mrs. LINCOLN. Mr. President, I ask signed to better reflect a comprehen- these important matters. I look forward to unanimous consent to speak as in sive total force concept that ensures receiving prompt responses from you both. morning business. members of the Selected Reserve re- Sincerely, The PRESIDING OFFICER. Without ceive the educational benefits that are JOHN D. ROCKEFELLER IV. objection, it is so ordered. more commensurate with their in- Mrs. HUTCHISON. Senator ROCKE- HONORING OUR MILITARY creased service. FELLER is concerned, as many of us are, Mrs. LINCOLN. Mr. President, I The final provisions of this legisla- that the dealers are the roadkill in think a lot of folks are looking toward tion became law last year with the this, and they are also the people who the weekend. It is a holiday weekend. I signing of the 21st-century GI bill. In have run successful businesses. They know I am reflecting on that holiday addition, the National Guard and Re- have sold the cars. They have employ- weekend. I hope others are as well be- serve have been and will continue to be ees. They have investments in the com- cause on this Memorial Day, families an operational force serving overseas, munity. In many instances, these are in communities throughout Arkansas, and as such they require greater access the largest employers in the commu- our great State, and across our great to health care so that members can nity. They support the high school Nation will gather to recognize the achieve a readiness standard demanded football program. They support the service of our men and women in uni- by current deployment cycles. community charitable events. We are form and to honor those who have paid Far too many men and women are de- not only knocking out 40,000 employ- the ultimate sacrifice in the name of clared nondeployable because they ees, we are not only knocking out the freedom. have not received the medical and den- people who have given their faith and My father and both of my grand- tal care they need to maintain their loyalty to this brand, but we are fathers were infantrymen who proudly readiness before they are called up. knocking out a huge chunk of commu- and honorably served our Nation. They This can cause disruption in their unit nity activism and volunteer service to taught me from a very early age about by requiring last-minute replacements the many communities affected by the sacrifices of our troops, their expe- from other units or requiring treat- these closings. riences, the sacrifices of our troops and ment during periods that are set aside I talked with the president of Chrys- their families and what they have done for much needed training and experi- ler this morning, and I believe he sin- to keep our Nation free. ence they need to gain before they are cerely is trying to save the company, Throughout my Senate career, I have deployed. and we want him to do that. But it has consistently fought for initiatives that Compounding the challenge is the fact that short-notice deployments been half a day, and I have not seen a provide our military servicemembers, occur regularly within the National progress report that we will be able to our veterans, and their families the Guard. The Department of Defense can come back to the floor and say these benefits they have earned and deserve. and should do more to bring our Se- dealers are going to get some help from That is why in advance of Memorial lected Reserve members into a con- Chrysler. Day, which is right before us, I have stant state of medical readiness for the The President says he wants to help. authored a series of bills to honor our But I think it is time now that we get benefit of the entire force. troops and their families. My bill, the Selected Reserve Con- some sense of what help is. If it is pur- My first legislative proposal calls for tinuum of Care Act, would better en- chasing the inventory, getting the fi- educational benefits that better reflect sure that health assessments for nancing for the new and ongoing deal- the service and commitment of our guardsmen and reservists are followed erships that will stay in business, we guardsmen and reservists. This legisla- by Government treatment to correct need to know that. These dealers need tion is endorsed by the Military Coali- any medical or dental readiness defi- to know it so they can plan. My good- tion, a group of about 34 military vet- ciencies discovered at their health ness, it is now probably 2 weeks or so, erans and uniformed service organiza- screenings. until June 9, and these people are hav- tions, with over 5.5 million members. I This legislation is endorsed by the ing to plan for the orderly transition of am pleased that my friend and col- National Guard Association of the their companies, hopefully not into league, Senator CRAPO of Idaho, with United States, the Association of the bankruptcy, but many of them are whom I routinely join in a bipartisan United States Army, the Association of going into bankruptcy. way on a whole host of issues—we came the United States Navy, the Enlisted I have been told some of these are to the House together, and we came to Association of the National Guard of Chrysler dealers, but they have other the Senate together. He is a good the United States, the Reserve Officers dealerships as well. The Chrysler deal- friend and good working partner on be- Association, the Retired Enlisted Asso- ership could bring down the ongoing half of substantive issues. He has ciation, the U.S. Army Warrant Offi- one. I think it is time for the Govern- joined me in cosponsoring this bill. cers Association, and the Veterans of ment that is trying to help the manu- Unfortunately, educational benefits Foreign Wars of the United States. facturers to say we need to help the for the members of our Selected Re- I also thank Senators LANDRIEU and dealers too. We do not need to have a serve have simply not kept pace with BURRIS for their support in cospon- bailout for the dealers, but we do need their increased service or the rising soring this bill as well. to give them time to have their orderly cost of higher education. These men Lastly, a bill I have introduced transition or give them credit possi- and women serve a critical role on our today, the Veterans Survivors Fairness bilities with the dealerships that are behalf, and we must make an appro- Act, would enhance dependency and in- going to stay in business and have priate investment in them. demnity compensation benefits of sur- them take the inventory. That would In Arkansas and across the country, vivors of severely disabled veterans and be the logical thing to do. But we need Americans are well aware of the reality increase access to benefits for more a commitment. that our military simply could not families. In doing so, it would address The 20 cosponsors of this amendment, function without the thousands of men inequities in the VA’s DIC program by when they hear from their dealers and and women at armories and bases in doing three things. First, it would in- they hear what is happening, want an- our communities who continually train crease the basic DIC rate so it is equiv- swers and they want answers before and prepare for future mobilizations alent to the rate paid to survivors of this bill leaves the floor. I hope I can and who work to ensure other members Federal civilian employees. It also give a better result than I have gotten of their units are qualified and ready to would provide a graduated scale of ben- so far today from the White House and deploy when called upon. efits so many survivors are no longer

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5782 CONGRESSIONAL RECORD — SENATE May 21, 2009 denied benefits because of an arbitrary not only on Memorial Day but each AMENDMENT NO. 1138 eligibility restriction. Lastly, it would day of the year. The opportunity we Mr. DEMINT. Mr. President, do we allow surviving spouses who remarry have as legislators to honor our men need to set aside a pending amend- after the age of 55 to retain their DIC and women in uniform, to support ment? benefits. them with legislation that is meaning- The PRESIDING OFFICER. Under This legislation, cosponsored by my ful to their lives, to their service, and the previous order, the Senator is rec- good friend, Senator HERB KOHL of Wis- to their families is absolutely essen- ognized. consin, is endorsed by the Disabled tial. I encourage all my colleagues to Mr. DEMINT. It is my understanding, American Veterans, the Association of look at the legislation I have offered, Mr. President, that I have 20 minutes the United States Navy, the Military along with several of our colleagues, to speak. Officers Association of America, the and encourage them to join me as we The PRESIDING OFFICER. That is National Guard Association of the begin this Memorial Day break coming correct. United States, the National Military up next week and to remember why we Mr. DEMINT. I would like to say a Family Association, and the Reserve celebrate, why we celebrate this Nation few words now and then reserve the re- Officers Association. It is not coinci- and these freedoms. It is because of the maining time. dental that these two measures are men and women in uniform who have Mr. President, I am going to speak on supported so heavily by our military served so bravely, and for those who my amendment to S. 1054, and it ad- associations. It is because they are have made the ultimate sacrifice, that dresses a large amount of money that much needed and it is because they are we enjoy this great land and these free- has been added to the war supple- so deserved. Beyond these three bills, doms and rights that we do enjoy in mental bill. In these times, it is, first veterans health care continues to be on this great country. of all, somewhat surprising that we the top of my priority list. I have Before concluding, I would like to would take $108 billion and add it, un- worked with my colleagues to make add a couple other notes. I couldn’t related to war supplemental, to this substantial investments to increase pa- help but hear the comments of my col- spending bill. My amendment would tient travel reimbursement, improve league from Texas, and I wish to join strike $108 billion from the current services for mental health care, and re- her in her frustration for so many of spending bill, and I would like to take duce the backlog of benefit claims. our small and family-owned businesses a few minutes to explain exactly what Access to the Veterans’ Administra- across our State—our automobile deal- my amendment does and what we are tion health system is absolutely crit- ers—that, for generations and genera- striking. ical, but too often it is quite chal- tions, have passed down in their fami- The Chair and all my colleagues lenging, particularly for our veterans lies a small business that they have know these are very challenging times. who live in the rural areas of our Na- worked very hard to keep afloat, to We often refer to it as one of the worst tion. For these veterans, among the keep busy, to keep healthy, and to economic crises we have had. I think other initiatives I have championed, I keep alive for future generations. My we and many Americans are concerned have championed legislation with my hope is that we will have the assistance about how much we are spending, how friend and colleague, Senator JON and the working relationship with both much we are borrowing, and what that TESTER of Montana, that will increase the Treasury and the Chrysler Corpora- might mean in the not-too-distant fu- the mileage reimbursement rate for tion and GM and others to better un- ture as it relates to inflation and inter- veterans when they go to see a doctor derstand how we make that transition est rates and higher taxes. I am hear- at a VA medical facility and will au- as reliable and certainly as palatable ing very often when I go back home: thorize transportation grants for Vet- to those individuals and their families Enough is enough. We have to remember, as we look at erans Service Organizations to provide and small businesses as we possibly this amount of money that has been re- better transportation service in rural can. I look forward to working with the quested, what happened to what we areas. Senator from Texas and with other called the TARP funds. The last admin- I have been to areas in southern Ar- Senators as well as we move forward in istration asked us to come up with $700 kansas, very far from Little Rock—3, that effort. 1 billion to be used for a financial bail- 3 ⁄2 hours’ travel—visiting with vet- Last, but not least, I would like to out because we were in a crisis, and the erans down there who are in dire need also mention and extend my congratu- money was going to be used—and this of access to that VA medical care. Yet lations to our newest ‘‘American Idol,’’ was very clear—to buy toxic assets, their ability to get there was hampered Arkansas’ own Kris Allen, who rep- nonperforming loans, here and around by the fact that they were only reim- resented our State so well over the the world. It had to be done imme- bursed one way; not to mention the past few months in the ‘‘American diately or the world financial system fact that their reimbursement was so Idol’’ television show, which has been would collapse. Under that duress, Con- low—so far below what a Federal em- so popular among so many people in gress approved $700 billion—really, a ployee gets reimbursed—it was uneco- this country. nomical and almost prohibitive in get- trillion with interest, over time—but Kris is a talented young man with a ting them there. none of the money was ever used as it As Memorial Day approaches, I hope bright future ahead of him, and I look was supposed to be used. We never all my colleagues will remember, and I forward to watching him build a very bought any toxic assets. In fact, the would like to encourage them and all successful career. I join all Arkansans money was used in different ways: to Arkansans, to take the time to honor when I say how proud we are of Kris, inject money into banks—even some our servicemembers, veterans, and not only as a talented performer but as banks that didn’t want it; it has been their families. Never miss an oppor- a humble young man who embodies our used to make loans to General Motors tunity to thank someone in uniform. Arkansas values of hard work, integ- and to Chrysler; and now we are talk- Our troops are worthy of our apprecia- rity, and conviction. We wish him all ing about converting those loans to tion, and we should come together as a the best as we begins this new phase of common shares so that the Govern- nation to show them with our words his life and career. ment is owner of General Motors and and our deeds that we stand with them I yield the floor, and I suggest the ab- Chrysler, as well as the AIG insurance as they serve our interests at home and sence of a quorum. company and possibly part owners of abroad. As we all gather in preparation The PRESIDING OFFICER. The many banks. of a recess break, I hope we will all re- clerk will call the roll. But the interesting part of this that member the reason we have this break, The bill clerk proceeded to call the relates to my amendment is that this the reason we celebrate this holiday. roll. week I asked Secretary Geithner: What Those of us who have military in our Mr. DEMINT. Mr. President, I ask is going to happen when this money is family, those of us who do not, it unanimous consent that the order for repaid? Well, if it is repaid, he said, it doesn’t matter, we all enjoy the free- the quorum call be rescinded. will go into the general fund, but the doms of this great country, and it is The PRESIDING OFFICER. Without Treasury will maintain an authoriza- critically important that we show that objection, it is so ordered. tion to take up to $700 billion from the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5783 general fund anytime from now on. It the risk is only like $5 billion. But the be a great help to point this out. Of becomes a permanent slush fund for International Monetary Fund can take course, 5 years, the drawing of $100 bil- Treasury. So what we have done is $100 billion out of our Treasury any- lion anytime in the next 5 years is made the Treasury Department appro- time it wants. something we should not even consider. priators. Anytime they want, they can With the world situation the way it Mr. KERRY. Will the Senator yield appropriate up to $700 billion. is, I think we are being very naive to further? That is, in effect, what we are doing think it will not come out. We were Mr. DEMINT. Yes. with the International Monetary Fund. told most of the TARP funds would not Mr. KERRY. Is the Senator also Let me explain to my colleagues a lot be used. We used most of the TARP aware it is not $100 billion, that CBO of things I didn’t know until I looked funds. scored it at $5 billion and, in fact, the into this. The International Monetary But let’s think about this $100 bil- experience of our country is we earn in- Fund was set up to make loans to na- lion. That is more than we spend as a terest, we make money, and this is a tions; to help nations that might need Federal government on transportation winning proposition for the country? money to get through a financial cri- all year. The 2010 budget for transpor- Mr. DEMINT. That is a little smoke sis. Many nations are involved, but we tation is $5 billion. It is more than we and mirrors. If the Senator will allow give them $10 billion as a kind of de- spend on education for a whole year— me to read from page 104 of the bill, on posit to the fund. Currently, the IMF $94 billion in our country. It is more line 4 it says: has the authority to use that money than we spend on veterans’ benefits. It Any payments made to the United States continuously. But we also give them is a lot of money. But very often we are by the International Monetary Fund as a re- the right to draw another $55 billion talking about our own services to our payment on account of the principal of a from our Treasury at any time. In ef- own people in this country for which loan made under this section shall continue fect, the International Monetary Fund we do not have enough money. We need to be available for loans to the International can appropriate $55 billion from the to remember the International Mone- Monetary Fund. U.S. Treasury anytime it wants. They tary Fund, while it may serve in the- You may have a date somewhere on now have over $60 billion of our money ory a good purpose, people on the board this, but that is pretty clear, that it that they can use all over the world. who decide how this money is used in- will continue to be a draw. We can debate whether that is a good clude countries that we say are terror- Mr. KERRY. Mr. President, if I could thing, but what the President has ists, such as Iran. Do we think Iran is proceed further? In point of fact, it is asked for, and this bill provides, is an going to help the United States when limited, and it has to be repaid at the additional $100 billion credit line, in ef- we are in trouble? end of 5 years if it is not renewed. fect, to the International Monetary Let’s look at our current situation. Mr. DEMINT. Do you have the cite? Fund, and it ups our deposit another $8 Our current national debt as a country Mr. KERRY. I will further get that billion. We are going to take another $8 is $11.2 trillion—more than any other for the Senator. billion and put it in the International country in the world. We are the most Mr. DEMINT. I will answer the Sen- Monetary Fund to be used. But then we indebted country in the whole world. ator on how much this costs. I think Our per capita debt is $37,000. Every make appropriators out of the Inter- the Senator is aware, as I said, our norman, woman and child in this country national Monetary Fund. We give them mal way of measuring costs was owes $37,000, based on what we have al- a permanent credit line of an addi- changed for this bill. We are saying ready borrowed. But if you include So- tional $100 billion that they can appro- that, OK, if the International Mone- cial Security and Medicare liabilities, priate anytime they want around the tary Fund accesses this money, it is our current expenditures will exceed world. just a loan so it is not a cost. But we There are a lot of good things we tax revenues by $40 trillion over the have no guarantees it will get back. We would like to do as a country, as a Con- next 75 years. Our debt is now 80 per- say the International Monetary Fund cent of our gross domestic product—80 gress. We would love to improve our has never lost money, but we have percent of our total economy, which is education system. There are a lot of never been in these economic times be- the highest level since 1951. challenges in health care. We have fore. We have never been in as much The President’s budget estimates debt as a country. Can we afford, even talked about our roads and bridges de- that total debt relative to our total caying. There are so many good things if it is for the next 5 years, to have an economy will rise 97 percent by 2010 international group that can draw $100 we would like to do that we don’t have and 100 percent thereafter. We are billion from our Treasury at any point the money for. How can we possibly going to have debt that is larger than they want? Do we want to be in that tell an International Monetary Fund our total economy in the next year or position? We have already given the that they can take $100 billion anytime two. they want from the U.S. Treasury if We currently owe $740 billion to the Treasury Department a lot of credit to there is an emergency somewhere in People’s Republic of China and we owe the general fund for $700 billion—which the world? $635 billion to Japan and $186 billion to the Secretary has basically said is There will be emergencies in these the oil exporters. Keep in mind, if the going to continue—and now we are times. The interesting issue we are not IMF does access this $108 billion, we going to give another line of credit to thinking about is we are going to have will have to borrow it in order for them an international group in case there is more and more crises here at home. We to get it, and we will have to pay inter- a crisis around the world when we are know California is heavily in debt— est on that money. We will be told we facing crises here at home? over $20 billion. They are talking about will earn interest on any money that is Mr. KERRY. Will the Senator further a financial collapse, as is New York borrowed, but we will likely pay even a yield? I appreciate it. and other States. But the size of Cali- higher interest rate in order to make Mr. DEMINT. Mr. President, we need fornia’s debt is only one-fifth of what that money available. When we do, we to equally apply the time now against we are giving the International Mone- increase our debt even further. both sides. tary Fund. Mr. KERRY. Will the Senator yield The PRESIDING OFFICER (Mr. I don’t think we have added up all of for a question? UDALL of New Mexico). The Senator this. I am very concerned we are not Mr. DEMINT. Yes. from South Carolina has the floor. considering how much money we are Mr. KERRY. I appreciate that. Let Mr. DEMINT. I will yield the time in talking about. Let’s put $108 billion in me ask the Senator, I think the Sen- a minute and reserve the remainder of context. I know some will come and ator said this is a permanent fund, that my time. I appreciate the comment of say we are not spending that amount of we would be permanently reduced from the Senator. I think we should have money, we are just authorizing it, this amount of money. Is the Senator open debate about this. I would like to which means it can be appropriated aware this expires and is renewable talk a little bit more about this idea anytime, but we are not spending it. In every 5 years? That there is no perma- that a line of credit is not spending. We fact, they took the effort to get CBO to nency at all? use that a lot around here. We say we change the way it normally scores so Mr. DEMINT. Does the Senator have have authorized it but have not appro- this is not spending. They are saying that? I have the bill with me. It would priated it yet. But what the language

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5784 CONGRESSIONAL RECORD — SENATE May 21, 2009 of this bill does is it not only author- retary of State Colin Powell; former and thus ensure the IMF has adequate re- izes $108 billion of new money for the chair of the Foreign Relations Com- sources to mitigate ongoing international fi- International Monetary Fund, it gives mittee in the House and now at the nancial crises. Pre-crisis IMF lending re- them the power to appropriate it at Woodrow Wilson Institute, Lee Ham- sources ($250 billion, more than half of which has been committed) are clearly insufficient. any time. We may not call that spend- ilton; former Secretary of State, Re- Without adequate IMF support, currency cri- ing around here, but that is just polit- publican, Henry Kissinger; former Na- ses in especially troubled economies could ical talk. If that money is taken from tional Security Adviser Robert McFar- trigger broader economic and financial prob- our Treasury, we have to borrow lane; former Treasury Secretary, Re- lems. Not only is the IMF the appropriate money to give it to them, and they publican, Paul O’Neill; General Brent multilateral institution to take preventive may or may not pay it back. We may Scowcroft, security adviser to two action against such crises, its labors help the say the International Monetary Fund Presidents. I mean, are these people U.S. and other national governments avoid has been stable for years, but part of reckless? Are they suggesting we do costlier, ad hoc responses after crises have escalated. the bill that is going through here that because this is a reckless expendi- In addition, these measures will signal to today—the other side will say we have ture? Let’s not be ridiculous. the world that the United States is prepared collateral, they have gold—but part of The fact is, the Chamber of Com- to lead efforts to help emerging market the bill here, and what my amendment merce—I have a letter here and will I economies overcome the financial crisis. strikes is, giving the International ask unanimous consent the letter be Without adequate IMF support, financial cri- Monetary Fund the ability to sell over printed in the RECORD. ses in foreign markets may negatively impact U.S. jobs and exports and undermine $12 billion worth of their gold, which is To the Members of the United States Sen- the U.S. economic recovery. The Chamber ate. collateral supposedly for our money, in encourages you to support the provisions re- The U.S. Chamber of Commerce, the order to create more cash for them to lating to the IMF included in H.R. 2346, the world’s largest business federation rep- lend around the world. FY 2009 supplemental appropriations bill. resenting more than 3 million businesses and I am not saying the International Sincerely, organizations of every size, sector and re- Monetary Fund does not have a func- R. BRUCE JOSTEN, gion, supports legislation to strengthen the Executive Vice President, tion. But we have already put at risk International Monetary Fund included in Government Affairs. over $60 billion at a time when our . . . the supplemental appropriations bill country is struggling, at a time when currently being considered by the full Sen- Mr. KERRY. Mr. President, the fact it looks like we are going to triple the ate. . . . is, this is a loan over which the United national debt over the next years, at a The worldwide economy is experiencing its States keeps control. We are part of time when many of our States are near worst downturn in more than half a century. the decision-making of any lending bankruptcy, and at a time when we do While American workers and companies have that might take place under this. It is not have the money to fund the prior- been hit hard, the U.S. economic recovery renewable under the New Arrange- may be undermined by even more severe dif- ments for Borrowing Agreement, re- ities such as health care and transpor- ficulties in some emerging markets. It is tation, energy research, health re- squarely in the U.S. national interest to sup- newable every 5 years. If we do not search that we are always talking port efforts to help these countries as they renew it, it comes back. Moreover, it is about. We need more money to do confront the financial crisis. only used in emergency if the other those things that are essential here in They go on to say: funds of the IMF run down. This is for American workers. We America. How can we possibly, on a These U.S. commitments could leverage as war supplemental bill, add $108 billion much as $400 billion from other countries have a lot of people in America whose that is unrelated, basically extort the and thus ensure the IMF has adequate re- jobs depend on their ability to export votes out of the Members by forcing us sources to mitigate ongoing financial crisis. goods. The fact is, if those emerging to either vote against our troops or Mr. President, I ask unanimous con- markets start to fade, not only do we vote against this reckless risk we are sent this letter be printed in the lose the economic upside of those markets but we also run the risk that gov- talking about taking? RECORD. It makes absolutely no sense in this There being no objection, the mate- ernments fail. We have already had crisis that we have talked about in this rial was ordered to be printed in the four governments that failed because of country to put ourselves at risk for an- RECORD, as follows: the economic crisis. The fact is, if they other $108 billion, when we don’t even continue to in other places that are CHAMBER OF COMMERCE more fragile, then you wind up picking know how we are going to pay the in- OF THE UNITED STATES OF AMERICA, terest on the money we have already Washington, DC, May 20, 2009. up the costs in the long run in poten- borrowed. TO THE MEMBERS OF THE UNITED STATES tial military conflict, failed states, in- Mr. KERRY. Will the Senator yield SENATE: The U.S. Chamber of Commerce, the creased capacity for people to appeal to for a question on equal time? world’s largest business federation rep- terrorism and the volatility of the poli- Mr. DEMINT. Mr. President, I yield resenting more than three million businesses tics of those regions. This is not some- and reserve the remainder of my time. and organizations of every size, sector, and thing we are doing without American Mr. KERRY. Mr. President, I will region, supports legislation to strengthen interests being squarely on the table— the International Monetary Fund (IMF) in- speak off the leader’s time. cluded in H.R. 2346, the FY 2009 supplemental economic interests and national secu- The PRESIDING OFFICER. The Sen- appropriations bill currently being consid- rity interests. ator from Massachusetts is recognized. ered by the full Senate, and urges Congress I repeat, it has broad-based bipar- Mr. KERRY. Mr. President, I heard to reject amendments that would strike the tisan support. I hope colleagues will the Senator suggest that this is a reck- provisions from the bill. take due note of that. less effort to put American money at The worldwide economy is experiencing its With respect to the economics of risk somewhere else. I would like to worst downturn in more than half a century. this, let me share one other quote, share with colleagues a letter written While American workers and companies have which is a pretty important one. Den- to the Speaker of the House and to the been hit hard, the U.S. economic recovery nis Blair, Admiral Blair, the Director may be undermined by even more severe dif- majority leader, saying: ficulties in some emerging markets. It is of National Intelligence, was recently We are writing to express support for the squarely in the U.S. national interest to sup- quoted as saying, about the first crisis Administration’s request for prompt enact- port efforts to help these countries as they the United States faces today, the ment of additional funding for the Inter- confront the financial crisis. most significant crisis we face today, national Monetary Fund. With leadership from the United States, ‘‘the primary, near-term security con- This very fund. Let me tell you who the G20 committed to increase the IMF New cern of the United States is the global the signatories are: former Secretary Arrangements to Borrow (NAB) by up to $500 economic crisis and its geopolitical im- of State, Republican, Jim Baker; billion. The Administration is seeking Con- plications.’’ former Secretary of the Treasury, Re- gressional approval to (1) increase U.S. par- This is not just an economic vote, ticipation in the NAB by up to $100 billion publican, Nicholas Brady; former Sec- and (2) raise the U.S. quota in the IMF by $8 this is a national security vote. When retary of Defense Frank Carlucci; billion. you have a group from Jim Baker to former Republican Secretary of the These U.S. commitments could leverage as General Scowcroft, to Henry Kissinger, Treasury Henry Paulson; former Sec- much as $400 billion from other countries and others all suggesting this is in our

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5785 long-term and important interest, I own, and by cleaning up their own The PRESIDING OFFICER. Is there think we ought to listen pretty care- banking sectors. objection? fully. But many others, especially emerg- Mr. KERRY. How much time re- I reserve the remainder of my time. ing market economies, have been hard mains? Mr. LEAHY. Mr. President, I have hit. Some countries have been cut off The PRESIDING OFFICER. The Sen- listened to some of the comments by abruptly from capital markets and ator from South Carolina has 4 min- the junior Senator from South Caro- shut out of credit markets by the utes, the Senator from Massachusetts lina about the President’s request to banking problems originating in the has 4 minutes, the Senator from New participate in the expansion of the new United States and Europe. Hampshire has 10 minutes. arrangements to borrow and increase Those countries need to fix their own Mr. KERRY. I reserve the remainder the U.S. quota at the International problems and get temporary finance to of my time. Monetary Fund. avoid a prolonged period of economic The PRESIDING OFFICER. The Sen- This authority, incidentally, is re- decline. ator from New Hampshire. quested in order to implement deci- Providing temporary finance and pol- Mr. GREGG. Mr. President, this is sions that were made by President icy fixes is the job of the IMF. one of those issues which looks easy on Bush. But as the world economy grew in its face because it is politically simple It is easy to confuse people about the last decade, the financial resources to synthesize and state, but it is not this issue, as the Wall Street Journal available to the IMF did not keep up. It easy; it is a complex issue. editorial page confused itself and prob- has been caught short by the sudden- Obviously, anything that has an ini- ably most of its readers earlier this ness, severity, and scope of this global tial around here in a foreign organiza- week. crisis. tion can be easily attacked. The idea of If you are opposed to giving the The request for a quota increase, and American dollars going to support or- Treasury Department this authority, the authority to participate in the new ganizations which have initials, and the best way to scare people into vot- arrangements to borrow, will replenish they are foreign organizations, often ing against it is to say that it is a give- the IMF’s resources so it can fight this gets attacked. But in this instance our away of $100 billion in U.S. taxpayer crisis. national interest is of our concern, our With this money, the IMF will be funds to foreign countries. That would primary concern, and is benefitted by able to help many foreign economies scare anyone. If it were true I would the decision made to carry out our re- revive. With this money, the IMF will vote against it myself. sponsibilities relative to the IMF. be ready in case the crisis deepens and But it is not true. Our contribution is How does this work? The Inter- backed up by huge IMF gold reserves, takes more victims. As foreign economies recover, so will national Monetary Fund is essentially so the cost to the taxpayers is $5 bil- an organization set up by the United lion over 5 years, not $100 billion. OMB ours. We will be spared an even worse decline in our exports, with greater job States during the Bretton Woods Con- and CBO agree on that, and so does the ference in the post-World War II pe- Senate Budget Committee. And besides loss. As our exports resume, people in export industries in every State will be riod, the purpose of which was, and is, being false, it detracts from the legiti- to have a backstop for countries that mate question of why should we do able to go back to work. This may seem like an arcane issue, get into very deep fiscal problems and this? to have a place where the rest of the The simple answer is because our but it is of vital importance to the jobs world can go together in the industri- economy, and millions of American of millions of Americans across this alized world and basically meet and jobs, depends on it. country. I, Senator KERRY, Senator support individual countries which Between 2003 and 2008, U.S. exports DODD, Senator SHELBY, Senator LUGAR, have problems. It is actually an oppor- grew by 8 percent per year in real and others have agreed on substitute tunity for us as a nation to share the terms. A key reason for that was the language which provides for prior con- burden which, in the post-World War II rapid growth of foreign markets. Our sultation and reports to Congress, as period, has fallen primarily to us, to exports show a 95-percent correlation well as greater transparency and ac- try to stabilize the world economy. to foreign country growth rates since countability at the IMF. It also pro- That obviously benefits us a lot. We 2000. vides guidelines for the use of the pro- During that period, the role of exceeds of sales of IMF gold. are the biggest trader in the world. We ports in driving growth in the U.S. The real choice here is not whether export massive amounts of goods. Dra- economy steadily increased. The share or not we should provide Treasury with matic proportions of American jobs are of all U.S. growth attributable to ex- the authority that both former Presi- tied to our capacity to export, and hav- ports rose from 25 percent in 2003 to al- dent Bush and President Obama have ing a stable world economy is critical most 70 percent in 2008. called for. to our capacity to keep our economy Because of the global financial crisis Rather, it is how we should do it. going. That is why we set this up. It our exports peaked in July of last year After we vote on the DeMint amend- was pure, simple self-interest, to set up and have been falling since then. In the ment, and assuming it is defeated, I an international organization to help first quarter of 2009, our real exports will seek consent for the adoption of us stabilize other Nations that run into were 23 percent lower than in the first substitute language that is supported trouble. quarter of 2008. by the chairman and ranking member We are now in the midst of, obvi- Our export decline is now contrib- of the Foreign Relations Committee ously, a worldwide recession that is uting to recession in the United States. and the chairman and ranking member deep, it is severe, and we felt the brunt With an export share in GDP of 12 of the Banking Committee. of it in the United States, and other percent, a 23-percent decline, if sus- It also has the support of the chair- nations across the world are feeling it tained over the course of a year, would man and ranking member of the State also. Some are in much more dire make a negative contribution to GDP and Foreign Operations Subcommittee shape than we are. of almost 3 percent. of the Appropriations Committee. The issue is, how can we try to avoid The stimulus plan we passed is boost- The true cost of the authority re- an international meltdown, countries ing domestic demand. But the benefits quested by the President is not the $100 failing and bringing down other coun- of the stimulus are at risk of being billion the Senator from South Caro- tries with them, and how can we ben- wiped out by the decline in exports. lina wants you to believe. That is a efit ourselves by maintaining stable We need to help foreign countries lift scare tactic. It is $5 billion over 5 economies around the world? themselves out of recession. It will years, and that is a drop in the ocean Well, one way to do that is to have benefit them, but it will also restore compared to cost to our economy, and an international organization such as our exports as their economies recover to American jobs, by not acting. the IMF which steps up and essentially and they begin to buy more of our Mr. KERRY. Mr. President, I suggest tries to catch the dominoes before they goods and services. the absence of a quorum, and I ask fall. Some foreign countries can take care unanimous consent that the time be There are countries in this world of themselves with stimulus of their charged to both sides. that are going through deep economic

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5786 CONGRESSIONAL RECORD — SENATE May 21, 2009 problems, even more severe than ours, it two or three other East European nation they are lending it to or by which is hard to believe because ours is countries, and that leads to even some their own gold, the gold of which they so severe. If those countries fail to be major Western European economies have a huge accumulation. able to maintain their debt, their sov- going down, who is the loser? Well, So this is not a cost of any signifi- ereign debt, and the leveraged debt of those economies obviously. But I can cance to the American taxpayer. What their banking systems, and if they fail tell you a lot of American jobs are it is, however, is an extraordinarily as nations, then other nations that going to be the losers. cheap way for us as a nation to lay off have lent to those nations will follow That type of economic disruption, the burden to other nations, other in- them into failure. that type of economic Armageddon as dustrialized nations; lay off the burden A lot of these nations are in Eastern it was described by one of my col- of making sure that countries which Europe, a few of them are in the West- leagues who actually supports the would represent a very serious problem ern Hemisphere. We have already seen DeMint amendment, would come back to us and to the world community two instances of this in Iceland and to affect us dramatically. should they fail financially, a very Ireland, and we know the situation is So what is the price of avoiding that, cheap way of trying to have in place a tentative. or hopefully avoiding it? What is the system to avoid that. In fact, just today it was reported price of at least having in place an in- The PRESIDING OFFICER. The Sen- that even the British debt, the United surance policy to try to avoid that? ator’s time has expired. Kingdom debt, may be downgraded. So Well, the price is, for us to put up no Mr. GREGG. So, from my opinion, the IMF is sort of our primary back- money, we are not putting up any this is an amendment which is not con- stop in the international community to money. We are putting up what structive either for our economy or for try to avoid that type of event occur- amounts to a letter of credit to the the international situation. I would ring, where one Nation fails on its sov- IMF that says: All right, you now have hope it would be defeated. ereign debt, or its major banking debt, a letter of credit from the United The PRESIDING OFFICER. Who and it brings down a series of other na- States for $100 billion. You have a let- yields time? If no one yields time, the tions that have lent to it. ter of credit from a variety of other na- time will be equally charged to both The IMF has said, and it was agreed tions around the world for another $400 sides. to by all of the countries participating billion. You have $500 billion of letters The Senator from South Carolina is in the IMF, that it needed more re- of credit, so if you have to go into a na- recognized. sources to be able to be sure—although tion, because their banking system is Mr. DEMINT. Mr. President, I ob- nobody can ever be sure in this econ- on the verge of failure, and because jected to that. I was allowed 4 minutes. omy—in order to be reasonably sure they do not have the ability to mone- The other side is not showing up. I do that if a fairly significant nation has tize their debt the way we do—in other not think that is right to take my 4 very serious problems, it can step in words, they do not have a central bank minutes. If the other side would like to and try to help stabilize that country’s that can print money because they do yield back, I will be glad to close with situation, so that country does not not have a world currency—you are my 4 minutes. take a lot of other countries with it as going to have this type of support to I suggest the absence of a quorum, it defaults on its debt. This agreement try to stabilize that country so it does and I reserve my 4 minutes. was reached in concert, not by us alone not become a domino affect on all of The PRESIDING OFFICER. If the but by a whole group of nations. So those other nations that may have lent Senator puts us in a quorum call, the rather than the United States, for ex- to it, including us. time will be charged to him, absent ample, having to step in and unilater- That is an insurance policy. Does it consent. ally take action in, say, one of our mean even if the IMF had to take that Mr. DEMINT. Let me simplify this. I neighboring countries, as we did in the step and go into that country and in- will go ahead and speak. late 1990s, this allows us as a nation to vest that we would lose those dollars? The PRESIDING OFFICER. The Sen- join with other nations and pool, basi- No, we would not. In fact, we will not ator from South Carolina is recognized. cally pool a large amount of resources, lose those dollars. We have never lost a Mr. DEMINT. Mr. President, I appre- to have them available here, for the op- dollar through the IMF. We have al- ciate the comments that we have heard portunity to avoid such a meltdown. ways been repaid everything. today. I want to make it clear we are We put in about 20 percent, other na- Not only will we not lose them be- not trying to minimize or change our tions—Japan, Germany, England, other cause the country they are lending to commitment to the IMF at all. We are industrialized countries—put in the is a nation, and probably a fairly so- already committed for about $65 bil- balance. The IMF is calling for $500 bil- phisticated nation because they do not lion. We are the largest contributor to lion essentially. Actually, it works out do too many nations that are not so- the IMF, and that will continue. to $750 billion when you put in the spe- phisticated, we will not lose it because What I am opposing is a massive in- cial drawing rights, $750 billion of ca- the IMF has a massive gold reserve crease in our commitment of $108 bil- pacity to be able to have that type of that essentially backs up all of the dol- lion at a time this country cannot af- resources available to stabilize various lars, all of the money that is there. So ford it. We have also heard this is not nations around this world should they it is not a risky exercise. really any spending, that no money get into serious, severe trouble. That is why this effort does not score will really come out of our Treasury. If You can follow the proposal of this as $108 billion. There is no game being that were true, we would not need to amendment as essentially saying, the played about the $108 billion number. ask for it; it would not need to be in United States does not want to be part The simple fact is, the $108 billion the bill. If that were true, it could be of this effort. We are going to back out number does not score because there $200 or $300 billion, and it still would of this responsibility or this—you do has never been an outlay to the IMF. not cost us anything. not even have to claim it as a responsi- You can make an argument that even This is just political speak here in bility, this action, because we basically the $5 billion—that is what CBO came Washington. We are giving a credit line are going to retrench from here within up with as a number, and I think that to an international agency where we do the United States and not participate was based on the assumption that not control the vote, where they can in this sort of international effort to there might be some interest costs, but take $108 billion more than they al- try to stabilize other economies be- even the $5 billion is wrong. Zero is the ready have, 108 in addition to the $65 cause we need our money. We need it right number. Certainly a representa- billion we have committed to this here, now, and we cannot afford to do tion that $108 billion is what it is going agency, to use in a way that they that. to cost the American taxpayers is to- would like. I object to this because I That, in my opinion, is extraor- tally inaccurate. It is playing with have businesses in South Carolina that dinarily shortsighted. That is like cut- facts fast and loose because we never can’t get a loan, a small loan from a ting off your nose to spite your face be- had lost any money. bank that has taken Federal money. cause let’s face it, if an East European All the lending of IMF is basically They can’t continue their business be- economy goes down and it takes with securitized, either by the debt of the cause the bank says these are difficult

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5787 economic times and that is a high risk. participants shall review the functioning of It is real money or we wouldn’t be So we are going to take $100 billion and this decision. asking for it. This is not a time in our give it to countries that are high risk Mr. DEMINT. Will the Senator yield? country’s history that we can afford to because supposedly that helps our Mr. KERRY. I will yield on his time. put another $108 billion on the line, economy. Enough is enough. We have Mr. DEMINT. Are you reading when we can’t get our own businesses spent more than we can pay back al- from—— enough money. We have to stop this ready. It is wrong to attach this type of The PRESIDING OFFICER. The Sen- reckless spending. I encourage col- spending to a bill that supports our ator from Massachusetts has the floor. leagues to support my amendment. Mr. KERRY. I am reading from the troops. This should be taken out of the The PRESIDING OFFICER. All time current Articles of the IMF’s New Ar- bill right now. That is what my amend- has expired. rangements to Borrow. This is the opment does. It strikes a section that The question is on agreeing to erative agreement for the NAB, on would give an additional $108 billion of amendment No. 1138. which this lending takes place. Let me appropriation authority to the IMF. Mr. DEMINT. I ask for the yeas and make it clear, why this is furthering It also strikes a section that allows nays. our interests. The fact is, in South them to begin to sell off the gold re- The PRESIDING OFFICER. Is there a Carolina, they have a lot of businesses serves that we just heard are a so- sufficient second? that export. From the beginning of this There appears to be. called security for this loan. This year exports in the U.S. were down 23 makes no sense. The clerk will call the roll. percent. They were down 23 percent be- The legislative clerk called the roll. I urge colleagues to say enough is cause countries’ economies around the enough. There are many good things Mr. DURBIN. I announce that the world are hurting. As Secretary Kis- Senator from West Virginia (Mr. we can do, but we, frankly, don’t have singer, General Scowcroft, and the the money anymore. This is more than BYRD), the Senator from Massachusetts Chamber of Commerce all agree, this is (Mr. KENNEDY), the Senator from Wash- we spend on education every year, important for American business. The more than we spend on veterans bene- ington (Mrs. MURRAY), and the Senator fact is, between 2003 and 2008, exports from West Virginia (Mr. ROCKEFELLER) fits, more than we spend on transpor- grew by 8 percent per year in real tation. It is real money, because it will are necessarily absent. terms. We have a correlation in our ex- Mr. KYL. The following Senator is be drawn upon, because there are coun- ports to the growth of other countries. necessarily absent: the Senator from tries all over the world in difficulty. There has been a 95-percent correlation Utah (Mr. HATCH). We will set a precedent. Notice that in in that growth. Further, if present and voting, the the criticism of the bill, they are not The fact is, the share of all U.S. Senator from Utah (Mr. HATCH) would using this to criticize it, because not growth attributable to export growth have voted ‘‘yea.’’ only does this create a permanent went from 25 percent in 2003, to 50 per- The PRESIDING OFFICER (Mr. amount of authority to withdraw cent in 2007, to 70 percent in 2008. We UDALL of Colorado). Are there any money, it gives the Secretary of the benefit. That rise of exports from 25 other Senators in the Chamber desiring Treasury the ability to make amend- percent to 70 percent is to the benefit to vote? ments to the law. We are giving the au- of American business. Unfortunately, The result was announced—yeas 30, thority of this Congress over to the those exports peaked in July of last nays 64, as follows: Secretary of the Treasury and the year. Most of our partners are now in [Rollcall Vote No. 201 Leg.] International Monetary Fund. None of recession. Real exports are now 23 per- YEAS—30 this makes any sense. Enough is cent lower. You are looking at a reduc- enough. No more spending. No more Barrasso DeMint Kyl tion in American GDP, if you don’t Bayh Ensign McCain borrowing. It is time to let it go. provide this line of credit. Bennett Enzi McConnell I reserve the remainder of my time. President Obama went to London. He Brownback Feingold Risch The PRESIDING OFFICER. The Sen- led the world in getting a $500 billion Bunning Graham Roberts Burr Grassley Sanders ator from Massachusetts. agreement to help support these coun- Chambliss Hutchison Sessions Mr. KERRY. Mr. President, this tries to revive their economies. When Coburn Inhofe Shelby makes all the sense in the world. In you consider the money we have spent Cornyn Isakson Thune fact, Senator GREGG, former chairman, in the Cold War to break the Eastern Crapo Johanns Vitter now ranking member of the Budget Bloc away from the Soviet Union and, NAYS—64 Committee, gave an excellent sum- ultimately, they have adopted our eco- Akaka Gillibrand Murkowski mary of exactly what this is. It is not nomic system, they are working as Alexander Gregg Nelson (NE) an expenditure. It is a letter of credit. partners now, many of them members Baucus Hagan Nelson (FL) Begich Harkin Pryor It stabilizes countries. It is an insur- of NATO. Their economies are hurting. Bennet Inouye Reed ance policy. It has always been repaid. We benefit if those States don’t go into Bingaman Johnson Reid As Senator GREGG said, even the $5 bil- an economic implosion. Bond Kaufman Schumer Boxer Kerry Shaheen lion which the CBO scores this at is not This is a national security issue for Brown Klobuchar Snowe accurate because the money is never the United States. It is a plain and Burris Kohl Specter Cantwell Landrieu laid out. This is not a risky exercise simple, self-interest economic issue for Stabenow because we make money through the the United States. Most importantly, Cardin Lautenberg Carper Leahy Tester interest. This is an asset that we cre- we don’t spend money. This is a deposit Casey Levin Udall (CO) ate that is traded against the letter of fund in an account which is interest Cochran Lieberman Udall (NM) credit. bearing to the United States. It is a Collins Lincoln Voinovich Conrad Lugar Warner Let me answer my colleague. He good investment. Historically, we have Corker Martinez Webb asked the question about the 5 years. not lost money. I know Senator LUGAR Dodd McCaskill Whitehouse Paragraph 17 of the IMF Articles of the will vote against this amendment. Sen- Dorgan Menendez Wicker New Arrangements to Borrow has a ator GREGG and others. I hope col- Durbin Merkley Wyden Feinstein Mikulski provision for withdrawal from member- leagues will resoundingly reject this ship. A participating member can with- ill-advised amendment. NOT VOTING—5 draw. At that time, the money comes Mr. DEMINT. How much time do I Byrd Kennedy Rockefeller back to you. You cease to have your have remaining? Hatch Murray commitment on the line. Paragraph 19 The PRESIDING OFFICER. The Sen- The amendment (No. 1138) was re- of the IMF Articles of the New Ar- ator has 39 seconds. jected. rangements to Borrow states: Mr. DEMINT. I wish to make sure the Mr. KERRY. I move to reconsider the Senator understands that the bill we This decision shall continue in existence vote. for five years from its effective date. When vote on today amends what he just Mr. COCHRAN. I move to lay that considering a renewal of this decision for the read about our ability to get out of this motion on the table. period following the five-year period referred in 5 years. Sometimes it is hard to get The motion to lay on the table was to in this paragraph 19 . . . the Fund and the the straight scoop here. agreed to.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5788 CONGRESSIONAL RECORD — SENATE May 21, 2009 Mr. AKAKA. Mr. President, I suggest them. I think we have a way forward, President, 100 percent of this bill will the absence of a quorum. but we have to get everyone signed off be borrowed by the Treasury when we The PRESIDING OFFICER. The on it. I hope all of the parties will do start spending the money. This is not clerk will call the roll. that, so there can be a definitive an- money we have. It is money we are The assistant legislative clerk pro- nouncement, because these dealers going to borrow from the next two gen- ceeded to call the roll. need to be able to plan going forward. erations because the Congress refuses Mrs. HUTCHISON. Mr. President, I They need to know what the rules of to make priorities of what we need to ask unanimous consent that the order the game are. I think it is the least we do, and we continue to spend money on for the quorum call be rescinded. can do for them. things that we should not be or do not The PRESIDING OFFICER. Without Mr. President, I yield the floor and have to do, which are not a priority, objection, it is so ordered. suggest the absence of a quorum. and the money we are going to spend is Mrs. HUTCHISON. Mr. President, I The PRESIDING OFFICER. The borrowed money. ask unanimous consent to add the fol- clerk will call the roll. We have not heard much of that in lowing cosponsors to amendment No. The assistant legislative clerk pro- the entire debate on this bill. Every 1189: Senator LANDRIEU, Senator ceeded to call the roll. dollar will be stolen from the future of SHAHEEN, Senator CRAPO, Senator Mrs. HUTCHISON. Mr. President, I the next two generations to come, and RISCH, Senator BILL NELSON, and Sen- ask unanimous consent that the order most of the people who are hearing my ator SNOWE. for the quorum call be rescinded. voice today will not pay the cost of The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without this significantly large bill. objection, it is so ordered. objection, it is so ordered. It was not all that long ago that the Mrs. HUTCHISON. Mr. President, I AMENDMENT NO. 1189 entire Federal budget wasn’t the size of would point out that there are now 26 Mrs. HUTCHISON. Mr. President, I this, less than 45 years ago. Yet we are cosponsors of the amendment that ask unanimous consent to add Sen- going to pass, in very short order, with would have tried to give the Chrysler ators FEINGOLD and HARKIN to amend- very few amendments, a bill that does car dealers extra time to get their af- ment No. 1189. a lot of things besides fund our troops. fairs in order rather than a June 9 The PRESIDING OFFICER. Without Of course, there is another thing deadline. It would just give them 3 objection, it is so ordered. most Americans don’t know. It is that more weeks. I am still hoping the Mrs. HUTCHISON. That takes us up all the things that are in this bill that White House and the Chrysler company to 29 cosponsors of this amendment. We go to other executive branch agencies will come forward with something that are almost up to a third of the Senate will be utilized to raise the baseline will give some help to these dealers. I saying we need to help these Chrysler next year for the starting point of the think the Senate is beginning to speak dealers. I just hope we can produce budget process. In other words, we are by the number of cosponsorships for something for these dealers by the end raising the baseline. So when we look this amendment. of business today that will help them at it, when it comes through the budg- I suggest the absence of a quorum. begin to get their affairs in order after et next year, and the appropriations The PRESIDING OFFICER. The the blow they received on May 14. cycle, it will not be what we actually clerk will call the roll. I yield the floor and suggest the ab- appropriated under the budget. It will The assistant legislative clerk pro- sence of a quorum. be under the budget plus what we spent ceeded to call the roll. The PRESIDING OFFICER. The on the supplemental. We do not go Mr. BAYH. Mr. President, I ask unan- clerk will call the roll. back to where we should be. We go imous consent that the order for the The assistant legislative clerk pro- back to an elevated area because we quorum call be rescinded. ceeded to call the roll. had an emergency spending bill. The PRESIDING OFFICER. Without Mr. COBURN. Mr. President, I ask There is money in here for the United objection, it is so ordered. unanimous consent that the order for Nations Development Program, Peace- Mr. BAYH. Mr. President, I ask unan- the quorum call be rescinded. keeping Operations, $721 million. Here imous consent that the next hour be The PRESIDING OFFICER. Without is a fact that most Americans don’t for debate only. know. Forty percent of every dollar The PRESIDING OFFICER. Is there objection, it is so ordered. Mr. COBURN. Mr. President, I asked spent by the United Nations on peace- objection? Without objection, it is so ordered. the managers of the bill if I could have keeping operations is absolutely de- Mr. BAYH. Mr. President, I suggest some time to discuss this bill for a mo- frauded or wasted. So in this case, $300 the absence of a quorum. ment. I offer a lot of amendments million of the $720 million that we are The PRESIDING OFFICER. The around here and, quite frankly, there going to appropriate, some shyster con- clerk will call the roll. are several amendments I should have nected with the United Nations, either The assistant legislative clerk pro- offered, or should call up, but I am not in New York or in some foreign coun- ceeded to call the roll. going to call up because, quite frankly, try, is going to steal that money. It is Mrs. HUTCHISON. Mr. President, I I am not prepared to do it. not going to go to help anybody keep ask unanimous consent that the order I wanted to talk about this bill be- the peace. It is not going to go to for the quorum call be rescinded. cause it has been described in a lot of clothe and feed someone. It is not The PRESIDING OFFICER. Without ways as funding for our troops, as going to go to protect the rights of objection, it is so ordered. things that we have to do. I want to those who are discriminated against, Mrs. HUTCHISON. Mr. President, I put a few holes in that for a minute. those who are living not under the rule ask unanimous consent to add Senator There is funding for our troops in of law; that, in fact, $300 million out of INOUYE as a cosponsor of amendment this bill, there is no question. We need the $720 million isn’t going to do any- No. 1189. to do that. One of the promises of the thing except line the pockets of crooks. The PRESIDING OFFICER. Without President—and I hope it comes about Yet we have that report, which we objection, it is so ordered. this next year—is we will never see an- had to get from the U.N. because we Mrs. HUTCHISON. Mr. President, we other one of these to fight the wars. It don’t have transparency on where our are still working on language that I will be incorporated, as it should have money is going. That is the U.N.’s own very much hope we can get agreement been in the past. report. Yet there is nothing in this bill on before the end of the day. I think I am on record of voting against that requires them to give us an audit everyone is working in good faith. That three of these requests from the Bush of how they are spending it. There is no is my hope, and I will remain opti- administration for the fact that it metrics on how it is going to be spent, mistic that we can have something de- should be incorporated into the regular and there is nothing in this bill that finitive for the dealers in this country budget. We know we have these ex- says they are going to have to tell us who are facing bankruptcy or dissolu- penses. When we do a supplemental or and show us that they didn’t let it get tion in 2 weeks. an emergency—that is what we are defrauded or get stolen. We are not As of now, 28 Senators have signed on calling this—there is something that paying attention. We are running like to agree that we need to be helpful to happens most people do not realize. Mr. there isn’t an economic crisis.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5789 There is another area in this bill that of the study on whether it is viable. we are is not far from losing the es- is extremely disturbing to me, which is Yet this is the first $.5 billion in a $2 sence of what America stands for. that we are going to give a $1.3 billion billion to $7 billion project that I am Madam President, I yield the floor, pay raise to all the Foreign Service of- not sure right now, without authoriza- and I suggest the absence of a quorum. ficers in this country. tion of the appropriate committee, we The PRESIDING OFFICER (Mrs. They hire 500 to 600 new ones each are going to jump in line ahead of SHAHEEN). Will the Senator withhold year. They have 25,000 applications for every other priority program that the his request? these jobs without this pay raise. This Corps of Engineers has just because we Mr. COBURN. I will. I withdraw my is called a locality pay differential, and can do it. And the Corps hasn’t even request. it started because it is so expensive to accepted the premise of the study on The PRESIDING OFFICER. The Sen- live in Washington that we give a 21- which the money is going to be spent. ator from New Jersey. Mr. MENENDEZ. Madam President, I percent increase to all Foreign Service America, wake up to what we are rise to speak about the supplemental officers who get stationed in the doing. This ship has a lot of holes in it, that is before the Senate in terms of United States, but we are now going to and we are taking on water faster than the appropriations. Much of this bill is give it to them no matter where they those with common sense can bail it about supporting the men and women live. out. These are just three prime exam- wearing the uniform of the United So what we are talking about is a ples of things in this bill that ought States who are serving this country $15,000-a-year pay raise on the basis of not be handled the way they are han- around the world and acting as senti- nothing, to people who, on average, dled in the bill. nels for America’s freedom around the make more than $75,000 a year. Ask The No. 1 thing we are not doing is world. we are not being honest with ourselves yourself a question: When we send a The question is, Will we appropriate colonel to South Korea, do we give him about where this money is coming from the resources necessary to match the a locality pay increase? No. When we and how much more it is going to cost challenge we have given them and the send a sergeant to take care of the the people in this country who are call to service we have asked of them? troops who are stationed around the struggling every day just to pay their That is what this appropriations sup- world, do we give him a pay increase or mortgage, just to put groceries on the plemental bill is largely all about. her a pay increase? No. And they just table, and to pay their utility bills. In that context, there is one par- happen to make a third of what our We are going to give $108 billion to ticular area of funding that doesn’t go Foreign Service officers make. Yet the IMF. We had an amendment that to where we have troops but where we, with one broad stroke we are going to got defeated. The fact is—and pay at- in fact, care about what is happening add $1.5 billion over the next 4 years, tention to this—it may not help. The in part of the world, and that is Paki- and then at least $400 million a year to assumption is we will get paid back be- stan. We care about it because it is everyone who works for the State De- cause they have never not paid us back along the Afghanistan-Pakistan bor- partment. in the past. Well, this is a different der; the area where, in fact, Osama bin Why are we doing that? Why are we day, and there is a high likelihood Laden likely exists; the area al-Qaida saying Foreign Service officers are that, even though we only charge $5 is operating in, crossing back and forth more important than our men and billion for the cost of this $108 billion along that border in order to attack women in uniform? Why are we cre- loan, we will never see a penny of it our troops in Afghanistan; and also be- ating a differential when, in fact, there come back—a very high likelihood—es- cause of the Taliban. So we have clear is no hardship, and we are having no pecially if you look at the total debt national security interests as it relates trouble getting employees. By the first and money assets of all the European to that part of the world. data I put out there, we are not. There countries compared to their GDP ratio. We all agree the situation in Paki- are no statistics to suggest they have a We wring our hands and say: Well, we stan is probably at the top of the list of greater loss than they are capable to have to do this. We have to do this. our most serious national security reproduce. Yet in this bill, $400 million What we have to do is preserve Amer- challenges because this is where al- a year, just as a gift—just as a gift. ica first. What we have to do is defend Qaida has reconstituted itself, and this Think how demoralizing that is to America first. What we have to do is was the entity, along with bin Laden, the men and women who wear the uni- restore confidence in America. The way that struck us on that fateful day of form of the United States. We have de- we are doing it with this bill does just September 11. cided that technocrats are more impor- the opposite. Late last month, the Secretary of tant than the people on the front lines. I am sorry I haven’t had time to go State warned us that Pakistan’s gov- We have decided that, not based on after the issues in this bill. There are ernment is facing an ‘‘existential merit, not based on performance, we tons of things we ought to be doing dif- threat’’ from Islamist militants who are just going to give them a raise. ferently, and if we are not going to do have established operations dan- I don’t have any objections due to them differently, we ought to hold the gerously close to the capital city of the cost of living in DC that we might Members accountable on a vote to say Islamabad. These are militants who have a differential pay for that. But why we are not doing them differently. wish to do us harm, plot new terrorist why would we say no matter where you Borrowing this money against our chil- attacks or, God forbid, seize control of live—if you live in Muskogee, OK, dren’s future and not making hard that country’s nuclear arsenal. There where I am from—and you happen to choices on some of the $350 billion are plenty of reasons for the United work for the State Department; that worth of fraud and waste that we know States to be engaged. Since 2001, Paki- because you work for the State Depart- the Federal Government has, not even stan has received more than $12 billion ment and not because you produce looking at it, not making an attempt in assistance from the U.S. Govern- more or do a better job, you are going to pay for any of it, to me, is a tragedy. ment. The idea behind the assistance to get a 21-percent pay increase that is It is not just a tragedy of the mo- has been to support democratic institu- never going to get rescinded. ment because what it clearly spells out tions, human rights, economic develop- What are we doing? And why are we is that there has been no change. There ment, along with counterterrorism op- doing it? is no change in behavior. There is no erations to fight the Taliban and al- Also in here is $.5 billion for the start recognition of the difficulty we are in. Qaida and create the conditions for sta- of—and they have a legitimate claim, There is no set of priorities that says bility in the country. the State of Mississippi—a hurricane we do what is most important for the Unfortunately, under the lax over- prevention program. We asked the country first, and if it is not really sight of the Bush administration, that Corps to do a study. We are putting that important, we don’t do it at all assistance had very few strings at- money in. It is unauthorized money. It now so that we can protect the way of tached to it, and under that adminis- has never been through the committee, life we have come to know. I am dis- tration it is hard to see what kind of and I am not saying that we may or appointed in us because we have failed results we actually achieved for the may not want to do this. But the Corps to grasp the seriousness of where we money we spent. Democracy and insti- hasn’t even finalized their evaluation are today in this country. And where tutions of civil society are as fragile as

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5790 CONGRESSIONAL RECORD — SENATE May 21, 2009 ever, the Taliban is expanding its A February 2009 report that we also curity and the interests we have. That reach, and we have heard reports about asked for echoed and confirmed those is the best way to make sure we do not the Pakistani Government expanding findings and said that the Pentagon lose sight of our goal here and that is its nuclear arsenal. So $12 billion later, needed to improve oversight of coali- also the best way we keep America the way we sent assistance may or may tion support funds reimbursements. safe. not have worked for Pakistan, but it Earlier today at a Foreign Relations I yield the floor and suggest the ab- certainly didn’t work for us. hearing I asked Admiral Mullen, and he sence of a quorum. So, Madam President, we have to acknowledged we have not had good The PRESIDING OFFICER. The constantly ask ourselves: How are we controls in the past on coalition sup- clerk will call the roll. using our money in pursuit of our na- port funds, but he assured the com- The bill clerk proceeded to call the tional interests and our national secu- mittee the controls have improved and roll. rity interest, and what type of bench- additional steps are being taken to Mr. BURRIS. Madam President, I ask marks and progress are we making so make sure the funds are being used unanimous consent that the order for that we can, in fact, respond both as fi- wisely. the quorum call be rescinded. duciaries to the taxpayers of the coun- The Deputy Secretary of Defense out- The PRESIDING OFFICER. Without try and, at the same time, in meas- lined these steps in a letter to Chair- objection, it is so ordered. uring benchmarks toward our national man KERRY last month, including new CHRISTENING OF THE USS ‘‘GRAVELY’’ security goals? guidelines, additional face-to-face Mr. BURRIS. Madam President, as It is our responsibility to see that meetings with Pakistani counterparts, we prepare to return home to our con- there is transparency and account- and additional visits by the Depart- stituents and to celebrate the Memo- ability in whatever assistance we are ment of Defense to Pakistan to refine rial Day weekend, remembering all providing, and as the administration the coalition support fund claim proc- those who have served and sacrificed in makes the case to reverse what it ac- essing and validate procedures. the name of the United States, I would knowledges are ‘‘rapidly deteriorating Personally, I have met with Ambas- like to single out one veteran in par- security and economic conditions’’ sador Holbrooke, our special envoy to ticular. there, we have to make sure the fund- this region, as well as questioned Sec- It is with deep and abiding pride that ing we are sending over is actually retary Clinton yesterday before the I rise to salute the late VADM Samuel doing its part to make the situation Foreign Relations Committee, and Gravely, and to mark the christening better. they both assured me this administra- of a new and remarkable U.S. Navy de- We have to ask those questions about tion is developing metrics to measure the Pakistan funding in this current stroyer, the USS Gravely. success and change the way we engage At a ceremony last weekend, the supplemental bill as well. For starters, in Pakistan so we can defeat the mili- Gravely became the first Navy ship in in this supplemental, I think when we tants and bring stability to the coun- U.S. history to bear the name of an Af- look at it, it is pretty significant. try and the region. I am pleased to see There is over $1.6 billion in the supple- rican American officer. these steps being taken and I look for- When she receives her commission, mental for Pakistan, including $400 ward to closely monitoring them as we the vessel will be the most techno- million for the Pakistan Counterinsur- move forward. gency Capability Fund, $439 million in logically advanced warship on the plan- Let me conclude by saying we all re- et. economic support funds, and $700 mil- alize that conditions on the ground lion in coalition support funds. It is a fitting honor for the destroy- make detailed reporting and account- er’s namesake, the late VADM Samuel I am concerned about the funding, ability a major challenge. We cannot but I want to specifically talk about L. Gravely, Jr., who was the first Afri- expect to be getting daily comprehen- the $700 million in coalition support can American to become a Navy offi- sive spreadsheets e-mailed from every funds. Those funds are used to reim- cer. remote mountain region. But as best as burse the Pakistani Government for Beginning his career as a seaman ap- we can, it is the responsibility of this the logistical and military expenses of prentice in 1942, amid the chaos of the Congress to ensure that all of our funds fighting Islamist militants. Second World War, Admiral Gravely As the Pakistani military increases are being used in a manner that is ad- first knew a segregated U.S. Navy in these activities—and we have seen vancing our national interests and our which people of color served mainly as those military activities finally take national security interests. cooks and waiters. With these changes that have taken place in a way that we think is moving Only one ship had a black crew. place, I think—partly because we have in the right direction—those coalition That vessel was the USS Mason, support funds are expected to increase asked for these reports, partly because whose 160 men served under the com- substantially as well. So if we are of the questioning at these hearings, mand of white officers, In 1944, the going to have a shot at the militants, partly because of the new leadership of brave crew of the Mason escorted sup- we are going to need to provide sup- the administration—I plan to vote for port ships to England during a vicious port. And we are agreed on that, I the supplemental. In doing so, however, storm. think. But that does not mean we I want to send a very clear message They completed this daring mission should be sending out blank checks. that it is not and should not be con- with valor, even when cracks in the Along with my distinguished col- strued as a blank check. I have con- hull threatened to tear their ship league from Iowa, Senator HARKIN, and cerns with the coalition support fund apart. several colleagues in the House, we program and concern about Pakistan’s Because of the racial politics of the suggested the Government Account- nuclear program. Money is fungible, age, and despite the recommendation ability Office look into the assistance and I am concerned as we send money of their commander, it took more than we provided to Pakistan, including the to Pakistan for one purpose that frees 50 years for these brave sailors to re- $6.9 billion in coalition support funds it up their money to be buying nuclear ceive official commendation. received. In a June 2008 report, the weapons, something that is not in our It was in this climate that Samuel GAO found that the Pentagon did not interest or in the interest of that part Gravely began his naval career. He re- consistently verify Pakistani claims of the world. I am glad the Obama ad- tired from a very different U.S. mili- for reimbursement, and additional ministration is taking steps to ensure tary 38 years later. oversight controls were needed. accountability and in the future we Admiral Gravely’s years of service Here is an example from that report. need to do even more. We need to be included many notable firsts. The United States was reimbursing the sure we do not wind up right back here He was the first African American to Pakistani Government $19,000 per a year from now, having to say the command a combatant ship, the first month for each of about 20 passenger same things. We cannot afford to yet to command a major warship, the first vehicles, about $9 million in total, even again take one step forward and two to achieve flag rank, and the first to though we later found out that we were steps back, and above all we cannot af- command a numbered fleet. paying for the same 20 vehicles over ford to be sending such resources with- These are remarkable accomplish- and over. out achieving the national goals of se- ments by any account, but they are

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5791 made all the more impressive when tional security today and about some to kill Americans. These are people who, in they are considered in the context of national security issues in general. effect, remain at war with the United States. the U.S. Navy at the time. At the outset, let me note that there As I said, I am not going to release individuals who endanger the American people. Al- This exemplary sailor achieved are some points in the President’s mes- Qaida terrorists and their affiliates are at greatness in a time when the policies of sage I do not agree with and some war with the United States and those we cap- our Armed Forces too often limited the points of plain fact he made that ture—like other prisoners of war—must be opportunities available to people of should help us clarify some of the prevented from attacking us again. color. issues that have been raised in recent That is fundamentally true, but some He understood the obstacles he was debates over national security. Presi- people have a confused notion about facing, but he was determined not to dent Obama endorsed the continued use that. bow to the limits imposed by others. of military commissions with some Under the Geneva Conventions, even He did not let those difficulties stand minor changes. These commissions are lawful combatants can be detained in his way. historic and certainly appropriate and throughout the duration of a war. Instead, he turned each challenge have been used by nations all over the When illegal combatants conduct a war into an opportunity to excel. world. I will reserve judgment on those outside the laws of the Geneva Conven- We should all learn from the example changes until I see the details, but the tions and other treaties and laws that set by this great American hero, who President is right when he states that deal with the conduct of civilized war- started as an enlisted sailor and over- military commissions are ‘‘an appro- fare by deliberately and intentionally came extraordinary odds to finish his priate venue for trying detainees for bombing innocent men, women and career as a three-star admiral. violations of the laws of war,’’ though children who are noncombatants, those His accomplishments should resonate some have not agreed with that. people are not entitled to be released. with all Americans. The President correctly noted: ‘‘Mili- President Obama also stated this Admiral Gravely proved that respect tary commissions have a history in the morning that: will come to those who work hard to United States dating back to George We are not going to release anyone if it earn it. Washington and the Revolutionary would endanger our national security, nor will we release detainees within the United His legacy serves as an example for War.’’ States who endanger the American people. countless young men and women serv- As the President also noted, military commissions ‘‘allow for the protection Well, that is hard to know for cer- ing bravely in the Armed Forces. Soon, tain. Attorney General Holder has the destroyer USS Gravely will stand of sensitive sources and methods of intelligence gathering.’’ That is abso- talked about releasing the Uighurs, a guard on the high seas, a striking sym- terrorist group focused primarily on lutely true, and it is an important bol to the world of the remarkable and China. I don’t believe the administra- principle in defending America. He also enduring truth of the American dream. tion has the legal authority to release noted that the commissions allow ‘‘the Generations of sailors will serve on these detainees. Recently, according to presentation of evidence gathered from her decks, and as they stand aboard the the Los Angeles Times, some of the Gravely, they also stand on the shoul- the battlefield that cannot be effec- Uighurs were watching a soccer game— ders of the man for whom it was tively presented in a Federal court.’’ they allow them to watch television at In other words, we have strict rules named. the Guantanamo Bay facility—and a of evidence in Federal courts. Our sol- Thankfully, the divided society of lady came on with short sleeves. This diers are in a life-and-death struggle on years past has given way to a new offended one of the Islamic Uighurs and the battlefield. They are not police in- America built on equality, a Nation they jumped up and grabbed the tele- more free, more fair and more equal, a vestigators. They are not homicide in- vision and threw it on the floor. I point Nation that cherishes the contribu- vestigators. They can not be expected that out simply to say it is difficult to tions of all men and women regardless to be able to comply with every rule re- know for certain who is a threat. Many of race, creed or color. garding the collection of evidence. may well harbor a secret determina- A Nation built through the hard Military commissions account for that tion to attack America as soon as they work and bravery of real life trail- difference. are released. blazers like Admiral Gravely. It is also reassuring to see that Presi- I think the President has made clear I am extremely proud of Admiral dent Obama has stated he will exercise that he does not have the full and free Gravely’s achievements, and I am deep- his power as Commander in Chief to de- discretion to simply release al-Qaida ly moved by the Navy’s tribute to his tain as war prisoners those al-Qaida members and their fellow travelers service. members who continue to pose a dan- into the United States. Federal law ex- Like many, I share in the joy that ger to the United States, but who can- pressly bars admission to the United Mrs. Gravely must have felt as this not be tried by a military commission. States of anyone who is a member of a state-of-the-art destroyer was chris- Some detainees may not be able to be foreign terrorist organization. A Fed- tened with her husband’s name. tried by military commissions for legal eral law we passed some years ago bars When this warship is commissioned, reasons. For years, we have heard criti- admission of any person who is a mem- it will be more than a fighting tribute cism from some of the fringe groups on ber of a foreign terrorist organization— to its accomplished namesake. the left—criticisms that have been pretty common sense, right? If you are It will ensure that the outstanding echoed occasionally in this Chamber— going to have lawful immigration pol- legacy of Samuel L. Gravely, Jr., lives that we must either try every enemy icy, you don’t want terrorists to be on in the service of the U.S. Navy for war prisoner or release them. That has able to immigrating into the country. years to come. never been the practice in the history The law bars admission of anyone who I can think of no better way to me- of war, and that is not what our law has provided material support to a for- morialize a true American hero. says. This is a notion that cannot be eign terrorist organization, and it also Madam President, I yield the floor, sustained and one that would pose a bars from this country anyone who has and I suggest the absence of a quorum. threat to us if it were ever adopted as received military-style training at a The PRESIDING OFFICER. The policy. camp operated by one of these terrorist clerk will call the roll. I am glad to see President Obama re- organizations. The United States Con- The assistant bill clerk proceeded to jected that notion. As he noted in his gress decided that these individuals, call the roll. remarks today: ones who have ties to or have assisted Mr. SESSIONS. Madam President, I There may be a number of people who can- or who have been trained by groups ask unanimous consent that the order not be prosecuted for past crimes, but who such as al-Qaida pose a danger to the for the quorum call be rescinded. nonetheless pose a danger to the security of American people and should not be ad- The PRESIDING OFFICER. Without the United States. Examples of that threat include people who have received extensive mitted into this country. That congres- objection, it is so ordered. explosives training at al-Qaida training sional enactment is now the law. It is Mr. SESSIONS. Madam President, I camps, commanded Taliban troops in battle, binding upon the President and the At- wish to speak for a few moments re- expressed their allegiance to Osama bin torney General, who is charged by the garding the President’s remarks on na- Laden, or otherwise made it clear they want Constitution with enforcing the law.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5792 CONGRESSIONAL RECORD — SENATE May 21, 2009 So when the President states he will scribed a terrorist attack that al-Qaida allowed us to capture Khalid Shaikh not release detainees within the United operatives were planning to launch in- Mohammed, the organizer of 9/11. I States, I can only state that I would side this country—an attack of which don’t think anybody here can reliably expect no less. The law requires the the United States had no previous contend that this information was not President to bar admission to al-Qaida knowledge. Zubaydah described the valuable. It was valuable. members or material supporters or operatives involved in this attack and We have to be careful how we con- those who trained in a terrorist camp, where they were located. This informa- duct interrogations. I believe the de- and I think he will follow that. tion allowed the United States to cap- bate over this has helped us clarify the I note his speech also is rather selec- ture these terrorists, one while he was responsibility we have to not partici- tive, however, in how it cites to: ‘‘The traveling in the United States. Under pate in torture. But it does not mean court order to release 17 Uighur detain- enhanced interrogation, Zubaydah also that we cannot used enhanced tech- ees that took place last fall.’’ revealed the identity of another Sep- niques to move a person to the point The President referred to a court tember 11 plotter, Ramzi bin al Shibh, they are providing information that order to release these Uighurs, but he and provided information that led to can help protect this country. We have inexplicably failed to acknowledge his capture. U.S. forces then interro- to be careful that we don’t go too far. what happened to that case on appeal. gated him. Information that both he We have a history of going too far in A lower district court judge ordered and Zubaydah provided helped lead to reaction to matters like this. that they must be released, but the the capture of Khalid Shaikh Moham- One of the things we did is we put a Federal appellate court reversed that med, the person who orchestrated the wall between the CIA and the FBI. We order which would have allowed these 9/11 attacks. said the CIA should not deal with dan- terrorist to be released into the United Khalid Shaikh Mohammed also pro- gerous thugs around the world to get States. This February, a couple of vided information to help stop another information. After 9/11 it was clearly months ago in Kiyemba v. Obama, the planned attack on the United States determined that both of those were bad United States Court of Appeals for the when he was interrogated. KMS pro- ideas, and we reversed them imme- District of Columbia held that the dis- vided information that led to the cap- diately. trict court did not have legal authority ture of a terrorist named Zubair, and Nobody in this Congress should sug- to order the release of the Uighur de- KMS’s interrogation also led to the gest that we are incapable of making a tainees into this country. These are in- identification and capture of an entire mistake. But we have gone 8 years dividuals who have trained in a ter- 17-member Jemaah Islamiya terrorist without an attack. That is something rorist camp, a terrorist group that is cell in Southeast Asia. of significance. We should be proud of connected to al-Qaida. A month ago, According to President Bush, infor- that. We have men and women in the the U.S. Department of Treasury re- mation obtained as a result of en- CIA, in the FBI, and in the U.S. mili- affirmed the determination that they hanced interrogation techniques also tary, who are putting their lives on the are a terrorist organization. The ap- helped stop a planned truck bomb at- line right now. I remember being, sev- peals court could not have been more tack on U.S. troops in Djibouti. Inter- eral years ago, in a foreign country clear when it wrote: rogation also helped stop a planned car with a history of some violence and Never in the history of habeas corpus has bomb attack on the U.S. Embassy in terrorism. A man from the CIA met any court thought it had the power to order Pakistan, and it helped stop a plot to with us. He worked 7 days a week. He an alien held overseas brought into the sov- hijack passenger planes and crash them had dinner with us at 8 o’clock. He said ereign territory of a Nation and then re- into Heathrow Airport in London. On that was the earliest he had been off leased into the general population. As we September 6, President Bush said: duty since he had been there. have also said, in the United States, who can Information from terrorists in CIA custody They are putting their lives at risk come in and on what terms is the exclusive has played a role in the capture or ques- for us, and we need to back them up province of the executive branches. tioning of nearly every single al-Qaida mem- when we can. If they make a mistake, There are other things the President ber or associate detained by the United they need to be held to account for it. said today that I disagree with. First, States and its allies. Madam President, I see my colleague President Obama committed himself to He concluded by noting that al-Qaida from Texas. I assume she would like to banning the enhanced interrogation of members subjected to interrogation by make some remarks. I am not sure al-Qaida detainees. I certainly oppose U.S. forces have painted a picture of al- what the expectation is, but I will just torture of any detainees. But he went Qaida’s structure and financing, com- wrap up and say a few more things. on to state: ‘‘Some have argued’’ that munications and logistics. They identi- This is an important issue. I just don’t these techniques ‘‘were necessary to fied al-Qaida’s travel routes and safe believe this issue has only one side. I keep us safe,’’ and he said he ‘‘could havens and explained how al-Qaida’s have to tell you, I believed that the not disagree more.’’ senior leadership communicates with President’s remarks today reflected a Well, that is not exactly accurate, I its operatives in places such as Iraq. view that only he had the correct view have to tell my colleagues. They provided information that has al- of how these matters should be con- On September 6, 2006, when President lowed us to make sense of documents ducted, and that everybody else who Bush announced the transfer of 14 high- and computer records that have been disagreed had less decency than he. I value al-Qaida detainees to Guanta- seized in terrorist raids. They have don’t think there is any doubt that the namo, he also described information identified voices in recordings of inter- work this Nation did after 9/11 stopped that the United States had obtained cepted calls and helped us understand further attacks and saved the lives of from these detainees as a result of the meaning of potentially critical ter- Americans. It can and should be done, these enhanced interrogation pro- rorist communications. Were it not for consistent with the laws of this coun- grams. Most people agree many of the information obtained, our intel- try. But that doesn’t mean that unlaw- these enhanced techniques clearly are ligence community believes that al- ful terrorists—not legitimate prisoners not torture. Some argue that a few of Qaida and its allies would have suc- of war—cannot be subjected to interro- the techniques may amount to torture; ceeded in launching another attack gation. They can be and they have but many say they are not torture. We against the American homeland. By been. I trust that they will be in the fu- have a statute that prohibits torture giving us information about terrorist ture. and it defines it pretty clearly. plans we would not get anywhere else, The President argued today that re- President Bush noted then that Abu this program has saved innocent lives. leasing the Office of Legal Counsel Zubaydah was captured by U.S. forces Well, this was information obtained memos from the Department of Justice several months after the September 11 in the last administration as a result of and exposing the details of the interro- attack. Several months later he was the enhanced interrogation techniques gation and actually tricks that CIA has captured. Under interrogation he re- of al-Qaida detainees. It allowed us to used will not harm national security vealed that Khalid Shaikh Mohammed stop terrorist attacks. It allowed us to because this President has decided not was a principal organizer of the Sep- learn about al-Qaida communications, to use those techniques. I simply point tember 11 attacks. Zubaydah also de- how it responded and operated. It even out that the war with al-Qaida will not

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5793 end with this administration, and fu- about Guantanamo, our military pris- What the negotiation is right now is ture administrations—and even this on. this: I talked to the president of Chrys- administration—may need to have ac- Do you know that not one single per- ler this morning at 8:30. I have talked cess to reasonable interrogation tech- son was subjected to waterboarding at to the people at the White House who niques, and providing this information Guantanamo? Actually, there were are the task force, the people over- is not the right thing. only three instances of it, all done by seeing the Chrysler and General Motors It is odd that of all the material re- our intelligence agency in a different project, and to Senator STABENOW from leased, we have not had further infor- place. None of that occurred there. I Michigan, who has been so helpful in mation released from the intelligence wish he had said that. I wish he had trying to put this together and work agencies that would provide evidence quoted from one of the investigative with me in a bipartisan way because of interrogations that have enabled us reports of what happened at Guanta- while she has a Chrysler manufac- to stop other attacks on our country. I namo. turing plant, she also has dealers in don’t know why they would not want This is what the finder found: They Michigan, as does Senator LEVIN. So to release that; they want to release found one incident in which a series of the 35 cosponsors of the amendment the techniques and a lot of other techniques were used during interroga- are completely bipartisan because we things. tion, not one of which would have all have these stories, and we know When the President released the legal amounted to torturing that person, but these dealers are not getting a fair counsel’s interrogation memos, he all together they concluded it put too chance. excised certain information from the much stress on that individual and I talked to the President of Chrysler, memos and left out other memos en- that it violated the law against tor- and he said there would be a letter tirely. These other memos describe in ture. Well, that should not have been forthcoming where he would lay out detail the information that was ob- done. how Chrysler is going to help take the tained as a result of the enhanced in- But to hear the talk about Guanta- inventory off the books of these dealers terrogation of al-Qaida detainees. namo, you would think we are that are being shut down—789 across If the President really believes these waterboarding people and torturing the country. We are talking about interrogations don’t work, I urge him people constantly. That is just not 40,000 people working in these dealer- to release these other memos, the ones what happened there. I have been there ships. Vice President Cheney called on to be twice. These are great men and women We are talking about a lot of lives released. If he believes in full trans- down there trying to serve our country. that are being affected. He said they parency, why don’t we see that? We They are absolutely committed to try- would put out a letter today—he didn’t know some of it because it was in ing to extract as much good informa- say close of business, but we agree we President Bush’s September 2006 re- tion as they could to protect America. both want something out today—that marks. They are not abusing detainees nor are would give these dealers a definitive Madam President, to sum up, we are they violating the law. If they cross plan so they would know what they in a great national effort. We are now that line, they should be disciplined for could count on. Not having to worry it. But it is not the kind of thing that sending 17,000 more troops to Afghani- about inventory was No. 1 on the list. is or was systematically occurring. stan. I think President Obama studied These dealers buy these cars and that carefully. I know he, like myself I wish the President had taken the opportunity—as Commander in Chief of trucks. They buy them. It is their ex- and most of us, doesn’t look forward to pense. They buy the parts. They buy having to send more troops there. He our men and women who sends them into harm’s way—to defend and explain the equipment that is unique for the decided it was important for America that a lot of the allegations about repair of these cars. So they have the and our allies and stability in the re- Guantanamo were exaggerated and risk. Yet they could be stuck with 30 gion and the world that they be sent false. cars or 100 cars. This is sinking them. there. This Congress supported that. So I yield the floor. I said: I hope you are going to give us we continue the struggle. It is going to The PRESIDING OFFICER. The Sen- something definitive. He said and I be- be a long time. ator from Texas is recognized. lieve he is trying to do just that with- Intelligence is a critical component Mrs. HUTCHISON. Madam President, out in any way delaying or disrupting of our success against the war against I ask unanimous consent to add more the exit out of bankruptcy, which is in the terrorists. That is what the 9/11 cosponsors to amendment No. 1189. everyone’s interest because the tax- Commission told us. That is what the They are Senators COLLINS, SPECTER, payers are paying for the exit out of American people understood with clar- KOHL, DORGAN, WEBB, WICKER, and bankruptcy, and the quicker the bet- ity. Good intelligence prevents attacks CORNYN. ter, that is for sure. But these dealers and saves lives. Good intelligence is so The PRESIDING OFFICER. Without are about to go bankrupt too. We are valuable, it is almost invaluable. We objection, it is so ordered. talking about 40,000 employees of these have to be careful when we set about Mrs. HUTCHISON. Madam President, dealers. I think it is important that we passing more and more rules that chill we are up to 35 Members, over one- look at them as effective people. the willingness of our investigators and third of the Senate, who are saying we It is now a quarter of six. I just military people to do their job. As we need to help the Chrysler dealers who talked again with the president of have found from previous spasms, harm got the blow on May 14 saying they had Chrysler. He says we will have a letter to our intelligence community can be 3 weeks to basically shut down an en- within minutes. Actually, it was 15 the result of irrational, reactionary de- tire dealership. minutes ago that I talked with him. He cisions. We didn’t wisely consider this I have been talking to so many of my said it would be just a few minutes and when we put a wall between the FBI colleagues on the floor since I offered they would get something to me. and we limited the CIA in these dan- this amendment who have had stories I am going to tell you right now, gerous areas of the world in getting in- of friends and people they know, people Madam President, and I am going to formation. I share a deep concern who sometimes own the largest em- tell all of my colleagues, we are not about that. ployer in a city or a county, and the passing this bill. We are not going to There is one more thing I will con- hardship these people are facing. They shorten the time. We are not going to clude with. The President talked re- are facing the likelihood—unless we have a unanimous consent agreement peatedly in his speech, in a most dis- can get some closure—that they are until I have a letter that will assure paraging manner, about Guantanamo. I going to lose, perhaps, their dealer- these dealers of what they can expect think inadvertently, and I am sure un- ships, and many are going into bank- from Chrysler that will, hopefully, give intentionally, I believe he has cast a ruptcy. They all have big real estate them the clarity they need to be able shadow over the fabulous men and investments, we know that. A car deal- to say: OK, I don’t have to worry about women who serve us there, who partici- ership has large amounts of real estate. cars and trucks and parts and special- pate in running a very fine facility. I Usually, it is very expensive real es- ized equipment. I can now worry about would have appreciated it if he had tate. They still owe money, and they making the payments on my real es- taken the opportunity to clear the air are in dire straits right now. tate. I can worry about my employees

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5794 CONGRESSIONAL RECORD — SENATE May 21, 2009 whom we are having to let go and Mr. NELSON of Florida. Mr. Presi- mittee—he has offered to indicate his worry about the effect on the commu- dent, I ask unanimous consent the interest and willingness to make sure nity. I can worry about all those order for the quorum call be rescinded. that the EPA and the CPSC are being things, but the big things that can be The PRESIDING OFFICER (Mr. directed by the Congress to do this test handled by Chrysler and the task force UDALL of New Mexico). Without objec- so we can get it to the next step with- will be handled. That is what I am tion, it is so ordered. out wasting any more time. looking for. Mr. NELSON of Florida. Mr. Presi- The CPSC told us today, in the Com- I am putting everyone on notice that dent, we have an emergency situation merce Committee, they have plenty of this bill is not going to have any short- all over, in about 20 or 25 States, that money to do it. The EPA said they ened time period under a UC until I can I explained to the Senate yesterday, in- have funds to do it. And they are both see that letter. Senator STABENOW volving imported Chinese drywall willing to do it. The problem is we stands with me to try to make sure we which, when exposed to heat and hu- don’t know, since they are midlevel are doing something that will be ade- midity, is emitting gases that are mak- managers, if the head of the CPSC is quate. ing people sick in their homes, that is going to be willing to do this, since the I will say, Senator ROCKEFELLER, too, in fact corroding all of the metal, that head is a short termer and she has not is very concerned. He and Senator is going after the copper tubing in the been that cooperative in the past. BYRD sent a letter to the CEO of Chrys- plumbing and the air conditioners—so So I invite the very distinguished ler and General Motors to object much so that they are having to re- Senator from Hawaii, the chairman of strongly to the handling, the treat- place the air conditioners—in some the Appropriations Committee, to ment of the dealers. Senator ROCKE- homes, over the course of the last 3 or state if he, as he indicated so gra- FELLER as the chairman and I as the 4 years, having to replace the air condi- ciously, would be willing to pour the ranking member of the Commerce tioner three times. full weight of the Appropriations Com- Committee are now talking about hav- We had, in front of Senator INOUYE’s mittee behind this effort not to waste ing a hearing with those CEOs and rep- former committee, the Commerce Com- any time and to have the EPA and resentatives of the dealership group as mittee, of which he obviously is still a CPSC do this test for the sake of the soon as we get back. That will be the member but he is now the chairman of health of our people. week after next. the Appropriations Committee—we had The PRESIDING OFFICER. The Sen- I am waiting, hoping, with all of the in front of the committee a panel of ator from Hawaii is recognized. good-faith efforts that have been made the people from the various agencies, Mr. INOUYE. I shall be honored and today by the White House, by the presi- and the representatives from the Con- privileged to join the Senator in his dent of Chrysler and his team, and all sumer Product Safety Commission as mission. It is a valid one and I hope one of the Senators who have signed on as well as the EPA wanted to do the next this full Senate can approve at some cosponsors of this amendment. test. They did the first test and they later date. I will be most pleased to I ask unanimous consent that Sen- compared Chinese drywall to American join him in any sort of letter he will be ator LINCOLN be added as a cosponsor of drywall and they found out that what writing to the authorities. I can assure this amendment. was different is that the Chinese my colleague that the full impact of The PRESIDING OFFICER. Without drywall had sulfur, it had strontium, my office will be at his disposal. objection, it is so ordered. and it had elements found in acrylic Mr. NELSON of Florida. The Senator Mrs. HUTCHISON. Madam President, paint. But they drew no conclusions, so is so gracious, and he always has been, I think the Senator from Arkansas, they want to do the next test. I say to my colleague, Senator INOUYE. Mr. DURBIN. Will the Senator from who is working very hard on trying to The next test would be under con- Florida yield? get an amendment into this bill as trolled conditions, to put it in a situa- Mr. NELSON of Florida. Yes, abso- well. She is in the Chamber. I appre- tion where they simulate heat of the lutely, to the distinguished Senator ciate her also coming in and saying: We United States summer, and humidity, from Illinois. are a bipartisan team, and we want re- and then see the gases that are emitted Mr. DURBIN. I happen to chair the sults for these dealers who have been from it and determine to what degree, subcommittee responsible for the Con- so badly treated up to this point. I am then, are they harmful to people who sumer Product Safety Commission and hoping that will change in the next few are having all these effects of res- I have listened to the Senator’s presen- minutes and we will see a light at the piratory problems, they can’t breathe— tation. The Senator told me last night end of the tunnel for these dealers. it is exacerbating their allergies, it is that some of this suspect Chinese Madam President, I yield the floor exacerbating things such as asthma— drywall may be in my home State so I and suggest the absence of a quorum. and in some cases their pediatricians want to get ahead of the curve and join The PRESIDING OFFICER. The have said to the mom and the daddy: him in this effort. Let’s get this ana- clerk will call the roll. Get these children out of the house. lyzed as quickly as possible, and if it The assistant legislative clerk pro- Yet they still have a mortgage pay- poses any danger we ought to know it. ceeded to call the roll. ment and where are they going to go? I put the Consumer Product Safety Mrs. HUTCHISON. Madam President, If they don’t have other family to move Commission on notice, with Senator I ask unanimous consent that the order in with, they have to rent, yet still pay INOUYE and yourself and many others, for the quorum call be rescinded. on the mortgage. And oh, by the way, that we expect them to take this very The PRESIDING OFFICER. Without the bank is not working with them to seriously on a timely basis. objection, it is so ordered. give them some relief on their mort- Mr. NELSON of Florida. With those Mrs. HUTCHISON. Madam President, gage. So we have homeowners who, as very generous assurances by these es- I state for the record that the Com- we say in the South, are in a fix; they teemed Senators, I am grateful, Mr. merce Committee hearing on the auto do not know what to do. President, and I yield the floor. dealerships has been set for June 2 at We need to go to the second test. Mr. INOUYE. Mr. President, I suggest 2:30 p.m. This is a very important hear- That second test is estimated to be $1.5 the absence of a quorum. ing where we are going to have rep- million. The PRESIDING OFFICER. The resentation from the automobile manu- Senator LANDRIEU, Senator VITTER, clerk will call the roll. facturers, as well as the automobile and a whole bunch of us had offered an The legislative clerk proceeded to dealers. I hope that will shed some amendment that was going to say it call the roll. light on what we can do to help these had to come out of the CPSC’s funds, Mr. DURBIN. Mr. President, I ask dealers. no new appropriation, but we can’t get unanimous consent that the order for Madam President, I yield the floor this passed here since we are in grid- the quorum call be rescinded. and suggest the absence of a quorum. lock over this supplemental appropria- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The tions bill and we are down to the wire. objection, it is so ordered. clerk will call the roll. What I would like to do—and only by Mr. DURBIN. Mr. President, I ask The assistant legislative clerk pro- the gracious generosity of the chair- unanimous consent to speak as in ceeded to call the roll. man of the Appropriations Com- morning business.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5795 The PRESIDING OFFICER. Without litical prisoners. These prisoners have Yet despite the judgment of the objection, it is so ordered. languished in jail for years after being court, as well as repeated requests by HUMAN RIGHTS convicted of spurious charges at trials Mr. Manneh’s father, fellow journal- Mr. DURBIN. Mr. President, for the that failed to meet minimum inter- ists, and me, the Gambian Government past year, I have been working to bring national standards. Some have families continues to deny any involvement in attention to the human rights abuses with children; some are of advanced his arrest or knowledge of his where- occurring around the world, including years and reportedly in poor health. abouts. little-known political prisoners who I had hoped that the new government Mr. President, America has been are languishing in prisons in farflung in Turkmenistan would take important wrongly defined by our critics since reaches. and forward-thinking steps toward re- 9/11. We need to define our values as a Too many jails still overflow with leasing political prisoners from an ear- caring Nation, dedicated to helping im- prisoners of conscience whose only lier era. prove the lives of others overseas, in- crime is to expect basic freedom, Earlier this month, one such political cluding those living under repressive human rights, and due process. I under- prisoner in fact, the longest serving po- governments. Doing so is an important took this effort with the understanding litical prisoner in Turkmenistan statement of who we are as a Nation. that it would not be easy. I have dealt Mukhametkuli Aymuradov, was uncon- Five other Senators, including Sen- with these governments in the past, ditionally released after 14 long years ators FEINGOLD, CASEY, MURRAY, and many times they are unresponsive. of confinement. LIEBERMAN, and KENNEDY, joined me in I want commend this decision and Few repressive regimes want to address a letter last month to Gambian Presi- strongly encourage the Government of human rights records, and in some of dent Jammeh about the detention of a Turkmenistan to take similar actions the smaller countries where these Mr. Manneh. Our request was simple, for all other remaining political pris- human right abuses are taking place, it and I hope the Gambian leadership will oners, including: Gulgeldy takes quite an effort to get their atten- respond to it. Annaniyazov, a long-time political dis- tion. We are in contact with them in an ef- sident who was arrested, apparently on Through our annual human rights re- fort to try to come to some reasonable charges that he did not possess valid porting at the State Department, our conclusion to this situation. Doing so travel documents, and sentenced to 11 diplomacy and steady public pressure is so important for the people whose years imprisonment; and Annakurban on basic human rights, the United lives are at risk and for our reputation Amanklychev and Sapardurdy States has traditionally been a cham- in the world. Khadzhiev, members of the human- pion and source of hope around the I yield the floor and I suggest the ab- rights organization Turkmenistan Hel- world for those suffering human rights sence of a quorum. sinki Foundation, who were sentenced violations. The PRESIDING OFFICER. The to 6-to-7 years in jail for reportedly I might add, parenthetically, that I clerk will call the roll. ‘‘gathering slanderous information to wish to thank Senator PATRICK LEAHY The legislative clerk proceeded to spread public discontent.’’ for, again, this morning reauthorizing call the roll. The freeing of Mr. Aymuradov is an Mr. BROWN. Mr. President, I ask my Subcommittee on Human Rights important first step, but more are and the Law, a subcommittee which I unanimous consent that the order for needed. the quorum call be rescinded. chaired over the last 2 years. I want to conclude by returning to The PRESIDING OFFICER. Without I worried that in recent years Amer- the still unresolved case with which I ica has not raised its voice enough in objection, it is so ordered. started this effort, that of journalist Mr. BROWN. Mr. President, I ask these kinds of cases, and we should not Chief Ebrima Manneh from the small unanimous consent to speak as in forget that for some people whose lives west African Nation of The Gambia. morning business for up to 15 minutes. seem so desperate, a little effort on our Mr. Manneh was a reporter for the The PRESIDING OFFICER. Without part can make a dramatic difference. Gambian newspaper, the Daily Ob- objection, it is so ordered. Take, for example, the appeal made server. He was allegedly detained in by Burmese Nobel Prize winner Aung July 2006 by plainclothes National In- TRADE POLICIES San Suu Kyi, who has remained under telligence Agency officials after he Mr. BROWN. Mr. President, our econ- house arrest in Burma for most of the tried to republish a BBC report mildly omy, as we know so well, struggles last 19 years. She is in deteriorating critical of President Yahya Jammeh. with massive job losses, a shrinking health and was apparently moved to a He has been held incommunicado, middle class, and an economic crisis notorious prison this week. without charge or trial, for 3 years. that undermines the pursuit for far too I think this is clearly a situation Amnesty International considers him a many Americans and the American where we know she needs our attention prisoner of conscience and has called dream. and help. Most people have read the ac- for his immediate release. In 2006, voters in my State of Ohio, count in the newspapers about her Three years without the government from Marietta to Cleveland, from Van problems and understand she was vic- even acknowledging it took one of its Wert to Youngstown, spoke out with timized by an American who somehow own citizens, without telling his family one voice demanding a change in our managed to get into her home, and in where he is being held, this is reprehen- Nation’s trade policy. In 2008, they re- entering her home and staying over- sible. It is outrageous. affirmed that call with good reason, as night, violated the law, or apparently The Media Foundation for West Afri- Senator Obama, again, pointed out the violated the law. ca, a regional independent nongovern- problems with Bush trade policy that I certainly hope, at the end of the mental organization based in Ghana, our trade deficit was literally $2 billion day, that her house arrest will come to filed suit on Mr. Manneh’s behalf in the a day during the last 2 years in the an end and this poor woman will be Community Court of Justice of the Bush administration. given a chance to have freedom which Economic Community of West Africa Ohio has suffered more than 200,000 she richly deserves. I am not going to States in Nigeria. This court has juris- manufacturing job losses since 2001. read this entire statement, as it con- diction to determine cases of human The first President Bush pointed out tains many names of foreign origin rights violations that occur in any that a billion dollars in trade deficit that may be difficult for me to pro- member state, including The Gambia. translates into 13,000 lost jobs. Do the nounce and for our reporter to keep up In June 2008 the Court declared the math. For too long we have been with- with. arrest and detention of Mr. Manneh il- out a coherent trade strategy with no Today, I am pleased to report the re- legal and ordered his immediate re- real manufacturing policy. lease of one of the first of the political lease. A petition has also been filed on Most of our trade deficit is due to a prisoners my efforts have focused on, his behalf with the United Nations manufacturing deficit. Current policies specifically a case in Turkmenistan. Human Rights Council’s Working have failed to deliver on good jobs and Earlier this year I raised my con- Group on Arbitrary Detention, and a on stability. cerns with the Government of decision from this body is expected Today, in committee, the Senate Fi- Turkmenistan about four Turkmen po- soon. nance Committee held a hearing on the

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You have to have this Nation’s economic strategy. I hear peo- the last deals negotiated and signed by section for the protection for the drug ple asking lots of questions about the President Bush. Under the fast-track companies. economic course we are on. authority given to him that night in But there is nothing left protecting I hear people worried about our man- 2007, there were important improve- consumers, protecting food safety, pro- ufacturing base. I hear Ohioans say ments to the labor and the environ- tecting workers, protecting the envi- that for every day not spent enforcing ment chapters of the Panama agree- ronment. These are protectionist trade trade law and not reforming our trade ment. This reflected the work of many agreements, all right, but they are pro- policy, there are manufacturers elimi- in Congress, including the Finance tecting again the drug companies, the nating jobs. Committee in the Senate, the Ways insurance companies and other finan- Since 2000, the United States has lost and Means Committee in the House. cial institutions and others. 4 million manufacturing jobs, not all Yet there remains serious concerns If this trade agreement were solely because of trade but for a lot of rea- about this agreement. Many in Con- about trade and tariffs, literally, it sons—but much because of trade. In gress have expressed concerns about would be only this long. It would sim- the last decade, some 40,000 factories the safe haven Panama affords to comply be a schedule of how you eliminate have closed nationwide, 40,000 factories panies looking to skip out on their these tariffs, just repeal the tariffs have shut down. taxes. What does that mean? It means that apply to American goods that are A continuing loss of U.S. manufac- there is a way to evade taxes by mov- sold in Panama. turing means more unsafe imports, a ing business activity offshore. When people say Panama has access greater dependence on foreign factories Yesterday, Congressman SANDER to the U.S. market, all we are asking is to produce both our everyday consumer LEVIN and Congressman LLOYD to eliminate the tariffs so we have ac- goods and for our national security and DOGGETT wrote the Panama’s serious cess to the Panama market. People military hardware. tax evasion issues require a serious who tell you that are the same lobby- A 2008 EPI study found the United remedy before Congress can even con- ists around here who represent the States has lost more than 2.3 million sider the Panama trade agreement. drug companies and the insurance com- The issues about tax evasion are even jobs since 2001 just as a result of our panies and the banks and the oil com- more serious when the Panama Free trade deficit with China. Again, our panies. Remember that. Trade Agreement includes rules on cor- trade deficit with China is over $200 bil- For too long we have seen the status porate investor protections. These are lion. The first President Bush said that quo in trade policy that gives protec- rules that shift more power to corpora- a billion-dollar trade deficit was 13,000 tions to big oil and big business. That tions and away from the democratic lost jobs. is not acceptable. process. In other words, these trade China uses illegal trade practices, A status quo trade policy that sup- agreements have loaded up in them all such as dumping, such as subsidies, presses the standards of living for kinds of protection for the drug compa- such as currency manipulation, to un- American workers, and I would also nies, the insurance companies, the en- dercut U.S. manufacturers. say suppresses the standard of living of ergy companies, not so many protec- When Congress approved China’s what we should do in the developing tions for workers, for the environment, PNTR, Permanent Normal Trade Rela- nations for workers, that is not accept- for consumer protection, for food safe- tions—when Congress approved the leg- able. A status quo trade policy that ty. islation to start the ball rolling on Chi- It is part of the old model that gives fails to effect real change on how we do na’s inclusion into the World Trade Or- protections to the large companies, business in China is not acceptable. ganization, then it made commitments, protections to large corporations, pro- For 8 years, the Bush trade policies China made commitments to gain tections to Wall Street, while not en- were, in fact, protectionist—protecting greater access to U.S. markets. They suring protections for workers and food the oil industry, protecting the insur- got the access to the U.S. markets, and product safety. ance companies and the banks and the but, unfortunately, China has not been Panama and the free-trade agree- drug companies. They were protec- held to those commitments. ment, as it is written, means more of tionist and they were wrong-headed. Think about toxic toys, think about the same failed trade policies rejected We should not continue these Bush the toys with lead-based paint on them by working families across the Nation. trade policies. That is what is dis- that came into the United States, For too long we have seen the pattern: turbing about this body. Even consid- think about the ingredients made in the North American Free Trade Agree- ering the Panama Free Trade Agree- China put in Heparin, the blood thinner ment, NAFTA; the Central American ment, we know the Bush economic that killed several people in Toledo, Free Trade Agreement, CAFTA; China policies did not work and look at the OH, and others around the Nation. PNTR, the Panama Free Trade Agree- damage to our economy. Look at our These are the trade issues people ment. trade deficit. Look at our budget def- want action on, on jobs, on safety, on We need to stop the pattern where icit. Why would we adopt a Bush trade consumer protection. These are the the only protectionism in free-trade agreement when we know its trade trade issues I hope the Obama adminis- agreements are protecting the drug policies failed us abysmally? tration is focused on, not the trade companies, protecting the oil industry, In November 2008, voters from Toledo agreement with Panama. protecting the financial services com- to Athens, from Lorain all the way Let’s talk for a moment about the panies, many that have created the down south to Ironton demanded real Panama agreement. It is, of course, an economic turmoil we now face. change, not symbolic change. We need agreement negotiated under the Bush Let me explain it another way. This agreements to be reshaped by the administration’s fast-track negoti- is not actually the Panama Free Trade Obama administration, not just tin- ating. This is not an Obama trade Agreement, but it is about this length. kered with around the edges and then agreement, this is a Bush trade agree- It looks about that much. If we were stamped ‘‘approved.’’ Make no mistake, ment. As we remember, Senator Obama concerned with tariffs, which is what as Senator DORGAN from North Dakota in his campaign was very critical of the they always say when they talk about says, we want trade, and we want plen- Bush administration’s trade policy. the Panama trade agreement, this ty of it. But we don’t want trade under The Presiding Officer was in the trade agreement, to eliminate tariffs rules that protect insurance compa- House of Representatives in those days, on American products in Panama, this nies, drug companies, financial institu- as I was, in 2002, when fast track—the trade agreement would only need to be tions, and the oil industry. We want negotiating authority extended to about three or four pages. agreements that work for workers and

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5797 consumers, for children, with safer And Senator STABENOW as well has there had to be a lending source for the toys. It is not a question of if we trade been one of the people who has been new dealers to absorb the new inven- but how we trade and who benefits talking about this and negotiating. tory. from trade. We must create a trade pol- The letter says: I think the biggest concern left for icy that helps workers and businesses Dear Senator Hutchison: the dealers is the floor plan loans they thrive, especially small businesses and I assure you that our process for redistrib- have for the inventory that is there manufacturing, that will raise stand- uting the product from OldCo dealers— and how that would change after June ards abroad, increase exports, and re- Who are the old company dealers who 9. I asked that question. And basically build middle-class families in Ohio are going to be put out of business— the answer is: We are going to try to do communities. to NewCo dealers— everything possible to get these transi- Our new trade policy must provide Who are the dealers who will sur- tions out before June 9 so you will not critical solutions to the Nation’s eco- vive— have, hopefully, the problem of loans nomic recovery strategy. Reforming is designed to assure that products flow being modified. trade policy starts with a comprehen- quickly and efficiently from every OldCo So that is the essence of the con- sive review of the overall trade frame- dealer. As part of this process, we will ensure versation and questions I asked for work. We need a review of trade negoti- that the OldCo dealers receive a fair and eq- clarification. I ended by saying that I ating objectives. That is what I am uitable value for virtually all of their out- think we are much further ahead now bringing to the floor in legislation. We standing vehicle and parts inventory. We than we were when the letter arrived have more than 200 representatives in the need a review of the programs respon- field that are working to ensure that we on May 14 to the dealers saying: We are sible for enforcing trade rules and pro- make good on this commitment as quickly not going to buy inventory, we are not moting exports. I am asking the GAO as is practical. We have a very robust system going to buy parts, and we are not to look at many of these questions as in place to manage the sales to NewCo deal- going to buy the specialized tools, and we prepare for the trade act and other ers as well as the inspection and shipment to you have 3 weeks to deal with this. We legislation we will consider. It is only the new dealer. have come a long way from there. one step. Thanks to your input today we have added I said to Mr. Press, and to his team, We have a responsibility to deliver on a new set of assurances and information for the OldCo dealers, with the intention of re- that I did appreciate this effort and the the demand to change trade strategy. moving some of the uncertainty that natu- better clarification, but we will know Recycling of Bush-negotiated trade rally surrounds this process. Each OldCo in 2 weeks if the good faith that is rep- agreements such as that with Panama dealer will receive a daily report which spe- resented in this letter is, in fact, imple- is not a first step. It is the wrong step. cifically outlines each unit of inventory and mented. And they agreed with that. The Obama administration, I hope, will its place in the transition process. I think we have made a step in the join with Congress in review and re- We share the objective of selling these ve- right direction—when my dealers call form of our trade strategy. The days of hicles as quickly as possible to protect resid- ual values. We are committed to sell every and say: Under the circumstances, it is turning away from our responsibility unit possible by June 9, prior to resumption not what we had wanted, but we have are over. of production [of the company]. been treated as fairly as possible and I yield the floor and suggest the ab- Thank you for your time and interest have certainly gotten the relief from sence of a quorum. today. Our goal is to ensure that every deal- the burden of inventory so we can deal The PRESIDING OFFICER. The er realizes a soft landing and is able to tran- with the employees who will not be clerk will call the roll. sition smoothly. with us anymore, and the land and the The legislative clerk proceeded to Senator STABENOW and I called Mr. real estate and the other costs of clos- call the roll. Press for a clarification of some of the ing an ongoing business. Mrs. HUTCHISON. Mr. President, I parts of this letter. The biggest con- So I will say to my colleague from ask unanimous consent that the order cern, of course, that the dealers have is Michigan, I do not think any of this for the quorum call be rescinded. getting the inventory they have paid would have happened without her step- The PRESIDING OFFICER. Without for off their books. That is their big- ping in. And hands-on efforts were objection, it is so ordered. gest concern. made to bring the White House in, AMENDMENT NO. 1189 We were assured that the 200 rep- Chrysler in, my staff, her staff. So it Mrs. HUTCHISON. Mr. President, the resentatives who are going out to help was certainly a team effort. Senator from Michigan, Ms. STABENOW, this orderly and quick transition will I want to thank the 37 cosponsors of and I have been working all day with make every effort to expedite the tran- my amendment because I think that the Chrysler president and his team sition to the surviving dealerships as was a clear indication that over one- and with the White House and their quickly as possible. This will include third of this Senate was not going to team and the task force and their team specialized tools, as well as parts, in- let this go the way it had been left at to try to give the assurances to the 789 ventory, and outstanding vehicles. the time. So if there is good will in this dealers who are going to be put out of I said: What happens after June 9? whole effort for the next 2 weeks, then business across our country by Chrys- Because the June 9 deadline is good I am optimistic it will have a good re- ler—with the 3-week notification—that when you are trying to expedite, but sult. they will be able to recoup the cost of then you are not saying that you will Mr. President, I ask unanimous con- the inventory that has been left on not keep helping after June 9. They sent that the letter written to me by their property and in their dealerships. said: Absolutely not. Mr. Press said James Press today be printed in the I said I was going to hold up any they will certainly continue to help RECORD. shortening of time period for this bill until every part of this transition of There being no objection, the mate- to be considered until I got a letter of this inventory is disposed of. And the rial was ordered to be printed in the assurance. The original amendment, help will be there after June 9. That RECORD, as follows: for which we have 37 cosponsors, was to was the assurance that was given. CHRYSLER, The major thing that has happened extend the time by 3 weeks to allow MAY 21, 2009. the dealers to be able to sell more in- that has been helpful is that GMAC has Hon. KAY BAILEY HUTCHISON, ventory, have a more orderly transi- received—as we all know because it is U.S. Senate, tion. public—in the range of $7.5 billion for Washington, DC. In fact, what we have done, in con- financing, which will be available to DEAR SENATOR HUTCHISON: I assure you sultation with the dealers, I think is the new surviving dealerships—Chrys- that our process for redistributing the prod- going to be much better. It is not ev- ler, and I am sure General Motors as uct from OldCo dealers to NewCo dealers is erything they had hoped for, but if well—and so the new dealers will have designed to assure that products flow quickly and efficiently from every OldCo dealer. there is good faith in this effort, it is the ability to finance the taking of the As part of this process, we will ensure that going to be good for the dealers. But it inventory off of the dealers who are the OldCo dealers receive a fair and equi- will take good faith. going to be put out of business. table value for virtually all of their out- Here is the letter the president of So that is probably one of the most standing vehicle and parts inventory. We Chrysler, James Press, has sent to me. important components here because have more than 200 representatives in the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5798 CONGRESSIONAL RECORD — SENATE May 21, 2009 field that are working to ensure that we I feel very close to this issue, not just The majority leader is recognized. make good on this commitment as quickly because I represent Michigan, an auto- Mr. REID. Mr. President, I ask it be as is practical. We have a very robust system mobile State, but my father and grand- in order to make a point of order en in place to manage the sales to NewCo deal- father were car dealers in a small town bloc against the pending amendments. ers as well as the inspection and shipment to in northern Michigan. I grew up on a the new dealer. The PRESIDING OFFICER. Is there Thanks to your input today we have added car lot. My first job was washing the objection? Without objection, it is so a new set of assurances and information for automobiles on the dealership lot. I ordered. the OldCo dealers, with the intention of re- know what this is about: small busi- Mr. REID. Therefore, Mr. President, I moving some of the uncertainty that natu- nesses all across Michigan, all across make a point of order en bloc that all rally surrounds this process. Each OldCo this country, folks who do sponsor the pending amendments are not in order dealer will receive a daily report which spe- Little League teams. Senator postcloture except the following: cifically outlines each unit of inventory and HUTCHISON and I were talking about Leahy, No. 1191; Brown, No. 1161; Cork- its place in the transition process. the ads in the paper, and the sup- We share the objective of selling these ve- er, No. 1173; Kaufman, No. 1179, as hicles as quickly as possible to protect resid- porting the community, and all that modified; McCain, No. 1188; and ual values. We are committed to sell every goes on. I lived it. I saw it. It is abso- Lieberman-Graham, No. 1157; further, unit possible by June 9, prior to resumption lutely critical we do everything we can that amendments No. 1161, No. 1173, No. of production. in this incredibly difficult time to sup- 1188, and No. 1157 be modified with Thank you for your time and interest port them. changes at the desk, and once those are today. Our goal is to ensure that every deal- So I am very pleased we have been modified, the above six amendments, er realizes a soft landing and is able to tran- able to come together with this. I do sition smoothly. as modified if modified, be agreed to en wish to put in one little plug for when bloc; that the motions to reconsider be Please feel free to contact me anytime. we come back from this next week. Sincerely, laid on the table en bloc; and the fol- Senator BROWNBACK and I are offering JAMES E. PRESS, lowing amendments be considered and Vice Chairman & President. a bipartisan effort in the form of an agreed to in the order listed: Lincoln, amendment to incentivize purchasing Mrs. HUTCHISON. I yield for Senator No. 1181 and Hutchison amendment No. vehicles which, I believe, is really the STABENOW. 1176, as modified; and that the motion second stage to helping these dealers. The PRESIDING OFFICER. The Sen- to reconsider be laid on the table; fur- It has been dubbed the ‘‘cash for ator from Michigan is recognized. ther, that the bill, as amended, be read clunkers’’ or fleet modernization. The Ms. STABENOW. Thank you, Mr. bottom line is we want to be able to a third time and the Senate proceed to President. incentivize getting people back into vote on passage of the bill; that upon Of course I want to thank Senator those dealerships to be able to buy passage, the Senate insist on its HUTCHISON. Without her leadership, automobiles. I am going to put a big amendment, request a conference with without her effort and her amendment, sign out saying ‘‘Buy American’’ be- the House, and that the Chair be au- we would not have what I believe and cause that is what we want everybody thorized to appoint conferees, with the am very hopeful will be an important, to do. Senate Appropriations Committee ap- positive solution to help our dealers So I am hopeful phase 2 will come pointed as conferees. rather than leaving them on their own after the break. This is very important. The PRESIDING OFFICER. Is there in the middle of what has been a very I would again say it would not have objection? horrible time as it relates to Chrysler happened without Senator HUTCHISON Mr. MCCONNELL. Mr. President, re- and General Motors and actually the and all of her leadership. It has been gretfully I have to reserve the right to auto industry around the world in my great pleasure to work with her in object. I have to check on one thing. terms of what has been happening. crafting this solution. Shall we enter a quorum call? I thank Senator HUTCHISON because Mrs. HUTCHISON. Mr. President, I Mr. REID. Mr. President, I suggest she has been very tenacious and very wish to thank again the Senator from the absence of a quorum. effective, and it has been my pleasure Michigan. It was certainly a difficult The PRESIDING OFFICER. The to partner with my friend from Texas position for her to, of course, have the clerk will call the roll. to achieve something that I believe is manufacturers—GM and Chrysler—but The bill clerk proceeded to call the positive. also to have the dealers that are all roll. Before we started this process, the over Michigan. I think the tireless ef- Mr. REID. Mr. President, I ask unan- dealers were on their own. That was forts we had all day today will hope- imous consent that the order for the wrong. As a result of working together, fully end in the next 2 weeks with the quorum call be rescinded. and I should say working with Chrys- implementation of as fair as possible The PRESIDING OFFICER (Mr. BEN- ler—and I appreciate all of their efforts dealings with the dealers that we could NET). Without objection, it is so orin, obviously, an extremely difficult possibly have. dered. time for them. I appreciate their work- Mr. President, I wish to add Senator Mr. REID. I renew my unanimous ing with us. I appreciate President THUNE as a cosponsor of amendment consent request. Obama and the auto task force for No. 1189. The PRESIDING OFFICER. Without being the linchpin in terms of giving us The PRESIDING OFFICER. Without objection, it is so ordered. a solution in terms of what they were objection, it is so ordered. Amendments Nos. 1167, 1189, 1143, able to do around financing. And I Mrs. HUTCHISON. Mr. President, I 1147, 1156, 1164, 1144, and 1139 are non- thank all of our colleagues who have appreciate my colleague, and I so ap- germane, and they fall for that reason. been involved. preciate the 39 cosponsors of this Amendment No. 1185 is ‘‘sense of the But we basically have two things. We amendment who stepped up to the Senate’’ language and is therefore dila- have the dealers being able to get floor plate and said this has to be fixed. In tory under cloture. It falls for that rea- plan financing, which we have been the end, that made a big difference. I son. working on for a long time—to be able wish to thank my colleagues who have been very bipartisan. AMENDMENTS NOS. 1191; 1161, AS MODIFIED; 1173, to get that so, as Senator HUTCHISON AS MODIFIED; 1179, AS MODIFIED; 1188, AS MODI- Mr. President, I yield the floor and FIED; AND 1157, AS MODIFIED, EN BLOC said, the 75 percent of the dealers who suggest the absence of a quorum. will remain in business will have the The PRESIDING OFFICER. The The PRESIDING OFFICER. Under opportunity to finance the purchase of clerk will call the roll. the previous order, amendments Nos. the acquisition of inventory from the The assistant legislative clerk pro- 1191; 1161, as modified; 1173, as modi- dealers who are going to be going out ceeded to call the roll. fied; 1179, as modified; 1188, as modi- of business. Mr. REID. Mr. President, I ask unan- fied; and 1157, as modified, are agreed The second thing is there is now a imous consent the order for the to en bloc, and the motions to recon- plan and a commitment to work quorum call be rescinded. sider are considered made and laid through this process in terms of inven- The PRESIDING OFFICER (Mr. BEN- upon the table. tory and being able to support the deal- NET). Without objection, it is so or- The amendments Nos. (1191 and 1179, ers in a very difficult time. dered. as modified) were agreed to.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5799 The amendments as modified, were sistance for Europe, Eurasia and Central ‘‘(ii) establishes particular criteria for agreed to as follows: Asia’’ may be increased by up to $42,500,000, withholding or refers to particular types of with the amount of the increase to be avail- matters to be withheld; and AMENDMENT NO. 1161, AS MODIFIED able for assistance for Georgia. ‘‘(B) if enacted after the date of enactment On page 107, line 16, insert the following: AMENDMENT NO. 1157, AS MODIFIED of the OPEN FOIA Act of 2009, specifically (d) The Secretary of the Treasury shall in- cites to this paragraph.’’. struct the United States Executive Director At the appropriate place, insert the fol- AMENDMENTS NOS. 1181 AND 1176, AS MODIFIED, of the International Monetary Fund to use lowing: EN BLOC the voice and vote of the United States to SEC. lll. DETAINEE PHOTOGRAPHIC RECORDS oppose any loan, project, agreement, memo- PROTECTION. The PRESIDING OFFICER. Under randum, instrument, plan, or other program (a) SHORT TITLE.—This section may be the previous order, amendments Nos. of the Fund to a Heavily Indebted Poor cited as the ‘‘Detainee Photographic Records 1181 and 1176, as modified, are agreed Country that imposes budget caps or re- Protection Act of 2009’’. to, and the motions to reconsider are straints that do not allow the maintenance (b) DEFINITIONS.—In this section: considered made and laid upon the (1) COVERED RECORD.—The term ‘‘covered of or an increase in government spending on table. health care or education; and to promote record’’ means any record— (A) that is a photograph that was taken be- The amendment (No. 1181) was agreed government spending on health care, edu- to. cation, food aid, or other critical safety net tween September 11, 2001 and January 22, programs in all of the Fund’s activities with 2009 relating to the treatment of individuals The amendment (No. 1176), as modi- respect to Heavily Indebted Poor Countries. engaged, captured, or detained after Sep- fied, was agreed to, as follows: tember 11, 2001, by the Armed Forces of the AMENDMENT NO. 1176, AS MODIFIED AMENDMENT NO. 1173, AS MODIFIED United States in operations outside of the At the appropriate place in the bill, insert On page 97, between lines 11 and 12, insert United States; and the following: the following: (B) for which a certification by the Sec- SEC.l. For purposes of qualification for retary of Defense under subsection (c) is in AFGHANISTAN AND PAKISTAN POLICY loans made under the Disaster Assistance Di- effect. SEC. 1121. (a) OBJECTIVES FOR AFGHANISTAN rect Loan Program as allowed under Public (2) PHOTOGRAPH.—The term ‘‘photograph’’ AND PAKISTAN.—Not later than 60 days after Law 111–5 relating to disaster declaration encompasses all photographic images, the date of the enactment of this Act, the DR–1791 (issued September 13, 2008) the base whether originals or copies, including still President shall develop and submit to the ap- period for tax determining loss of revenue photographs, negatives, digital images, propriate committees of Congress the fol- may be fiscal year 2009 or 2010. lowing: films, video tapes, and motion pictures. (c) CERTIFICATION.— AMENDMENT NO. 1139 (1) A clear statement of the objectives of Mr. LEAHY. Mr. President, this United States policy with respect to Afghan- (1) IN GENERAL.—For any photograph de- istan and Pakistan. scribed under subsection (b)(1)(A), the Sec- week, Senator CORNYN insisted on of- (2) Metrics to be utilized to assess progress retary of Defense shall certify, if the Sec- fering an amendment to the emergency toward achieving the objectives developed retary of Defense, in consultation with the supplemental appropriations bill that under paragraph (1). Chairman of the Joint Chiefs of Staff, deter- is most unfortunate. It is an amend- mines that the disclosure of that photograph (b) REPORTS.— ment that is so broad in scope and, I would endanger— (1) IN GENERAL.—Not later than March 30, believe, wrongheaded, that I felt I 2010 and every 120 days thereafter until Sep- (A) citizens of the United States; or (B) members of the Armed Forces or em- should note my disagreement. As a tember 30, 2011, the President, in consulta- former prosecutor, I am troubled that tion with Coalition partners as appropriate, ployees of the United States Government de- shall submit to the appropriate committees ployed outside the United States. the Senate is being called upon to pre- of Congress a report setting forth the fol- (2) CERTIFICATION EXPIRATION.—A certifi- judge matters that have yet to be fully lowing: cation submitted under paragraph (1) and a investigated. This amendment is a (A) A description and assessment of the renewal of a certification submitted under classic example of putting the cart be- progress of United States Government ef- paragraph (3) shall expire 3 years after the fore the horse. date on which the certification or renewal, forts, including those of the Department of I have proposed a Commission of In- Defense, the Department of State, the as the case may be, is submitted to the President. quiry in order to move these debates United States Agency for International De- outside of partisan politics. An inde- velopment, and the Department of Justice, (3) CERTIFICATION RENEWAL.—The Sec- in achieving the objectives for Afghanistan retary of Defense may submit to the Presi- pendent and nonpartisan panel taking and Pakistan developed under subsection dent— a comprehensive approach is better po- (a)(1). (A) a renewal of a certification in accord- sitioned to determine what happened. (B) Any modification of the metrics devel- ance with paragraph (1) at any time; and Before the Senate starts pontificating oped under subsection (a)(2) in light of cir- (B) more than 1 renewal of a certification. about who should and should not be in- (4) A timely notice of the Secretary’s cer- cumstances in Afghanistan or Pakistan, to- vestigated, sanctioned, ethically dis- gether with a justification for such modifica- tification shall be provided to Congress. (d) NONDISCLOSURE OF DETAINEE ciplined or prosecuted, would it not be tion. RECORDS.—A covered record shall not be sub- a good idea to know what took place? (C) Recommendations for the additional ject to— I was encouraged to hear Senator resources or authorities, if any, required to (1) disclosure under section 552 of title 5, achieve such objectives for Afghanistan and CORNYN call for ‘‘an end to the poi- United States Code (commonly referred to as Pakistan. sonous environment that has over- the Freedom of Information Act); or (2) FORM.—Each report under this sub- taken the debate about detention and (2) disclosure under any proceeding under section may be submitted in classified or un- interrogation policy in the aftermath that section. classified form. Any report submitted in (e) Nothing on this section shall be con- of September 11th, 2001.’’ I agree and classified form shall include an unclassified strued to preclude the voluntary disclosure that is why I proposed taking the mat- annex or summary of the matters contained of a covered record. ter out of partisanship and away from in the report. (f) EFFECTIVE DATE.—This section shall political institutions. That is not what (3) APPROPRIATE COMMITTEES OF CONGRESS take effect on the date of enactment of this the amendment does, however. First, DEFINED.—In this subsection, the term ‘‘ap- Act and apply to any photograph created be- propriate committees of Congress’’ means— Senator CORNYN styled this as a sense fore, on, or after that date that is a covered of the Senate making overly broad (A) the Committees on Armed Services, record. Appropriations, Foreign Relations, Home- findings, now he has stripped those SEC. lll. SHORT TITLE. land Security and Governmental Affairs, and findings from this amendment, and is the Judiciary and the Select Committee on This section may be cited as the ‘‘OPEN FOIA Act of 2009’’. doing something even more nonsen- Intelligence of the Senate; and sical, trying to prohibit the use of (B) the Committees on Armed Services, SEC. lll. SPECIFIC CITATIONS IN STATUTORY EXEMPTIONS. funds for something that funds are not Appropriations, Foreign Affairs, Homeland Security, and the Judiciary and the Perma- Section 552(b) of title 5, United States even provided for in the emergency nent Select Committee on Intelligence of the Code, is amended by striking paragraph (3) supplemental. House of Representatives. and inserting the following: An amendment politicizing decisions ‘‘(3) specifically exempted from disclosure about investigations and prosecutions AMENDMENT NO 1188, AS MODIFIED by statue (other than section 552b of this At the end of title XI, add the following: title), if that statute— is not the right approach. We should SEC. 1121. (a) ADDITIONAL AMOUNT FOR AS- ‘‘(A)(i) requires that the matters be with- have closed the book on efforts to have SISTANCE FOR GEORGIA.—The amount appro- held from the public in such a manner as to partisan interests infect Federal law priated by this title under the heading ‘‘As- leave no discretion on the issue; or enforcement decisions when we lifted

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5800 CONGRESSIONAL RECORD — SENATE May 21, 2009 the veil on the Bush White House’s ma- former minority member of the House ment’s language is so vague with re- nipulation of U.S. attorney firings. Committee on Intelligence into their gard to those who, in its words, ‘‘pro- Some of us have worked very hard to principle concern, thereby ignoring the vided input into the legal opinions.’’ restore the U.S. Department of Justice driving force of the former Vice Presi- There are strong passions on all to be an institution worthy of its name dent, other officials in the Bush-Che- sides. It is not only former Vice Presi- and to again command the respect of ney administration, and the complicity dent Cheney and his apologists who the American people. of the Republican congressional offi- feel strongly. There are those who will Senator CORNYN spoke on the floor cials who were in control of both the not be satisfied by anything less than this week about learning together from House and the Senate. They raised prosecutions for war crimes. I have al- our past mistakes. I, again, invite all straw men, went on witch hunts, and ways believed that there is a funda- Senators from all parts of the political sought to distract from the fundamental middle ground, one that focuses spectrum to join my call for a non- mental underlying facts. All they real- on the most important issue at stake— partisan investigation to do just that. ly succeeded in demonstrating is that finding out what happened and why. The Justice Department has yet to they will continue to view these mat- I appreciate the support of so many finish a 5-year inquiry regarding ters through a partisan lens, and that who have rallied to this idea of a non- whether some of the lawyers respon- they have yet to show any willingness partisan commission and a comprehen- sible for the Office of Legal Counsel to join in a fair, nonpartisan inquiry. sive review of what took place. Ambas- opinions that justified brutality acted Their recent actions reinforce why we sador Thomas Pickering and Philip in ways that failed to meet profes- need the independent, nonpartisan in- Zelikow, the executive director of the sional and ethical standards. It was a quiry for which I have been calling 9/11 Commission and a former State De- Republican ranking member on the Ju- over the last several months. partment counselor, have both testified diciary Committee who earlier this For those who have reflexively opin favor of this idea. Former Bush ad- year said that if the news reports of posed my proposal for a comprehensive, ministration official Alberto Mora, and how those memoranda came to be gen- nonpartisan, independent inquiry, I ask the former FBI Director under Presi- erated are true, there may have been these questions: If we never find the dent Reagan, Judge William Sessions, criminal conduct involved. President truth and understand the mistakes we have both recognized the need for ac- Obama and the Attorney General have have made, what incentive is there to countability. Distinguished former been very forthright in saying that avoid them in the future? What guar- military officers, who are familiar with those who relied on and followed the antee is there that the Government commissions of inquiry, have been sup- legal advice in interrogating prisoners will not repeat the same mistakes? portive. These officers include ADM would not be prosecuted. What incentive will future administra- Lee Gun and MG Antonio Taguba, as What needs to be determined, and has tions have to respect the very rule of well as the National Institute of Mili- not, is how we came to a place where law that distinguishes us as a nation? tary Justice. Senators FEINGOLD and the United States of America tortured The risk that the past will again be WHITEHOUSE, both members of the Sen- people in its custody in violation of our prologue is too great to take simply be- ate Judiciary and Intelligence Commit- laws. Those legal opinions have been cause it is not easy to face the truth. tees, have strongly endorsed the idea, withdrawn. One of the earliest was I continue to believe that we must as has Senator ROBERT BYRD. The withdrawn by the Bush administration know what happened, and why, to en- Speaker of the House has spoken favor- in advance of the confirmation hearing sure that America does not go down ably about getting to the bottom of on Alberto Gonzales to be Attorney this dark road, again. Before we turn these matters, and she has shown her General, and others were limited in the the page, we need to read the page. We willingness to cooperate with such an final days of the Bush administration. should proceed without partisanship, inquiry. What we do not know and what this not as Republican or Democratic poli- Human rights leaders and organiza- amendment is geared toward covering ticians, but as Americans who recog- tions have endorsed the approach, infor, is the role of the former Vice Presi- nize, as Philip Zelikow testified last cluding Amnesty International, the dent and his staff, the role of the Bush week, that torture was ‘‘a collective Constitution Project, the International White House in generating those opin- failure and it was a mistake.’’ Center for Transitional Justice, Human ions legalizing brutal interrogations. During the last several weeks, we Rights Watch, Physicians for Human Last week, the Judiciary Committee have seen the release of the Senate Rights, the Open Society Institute, the held our most recent hearing into these Armed Services report documenting Brennan Center, Human Rights First, matters. I thank Senator WHITEHOUSE the complicity of top Bush-Cheney ad- and others. Prominent religious leaders for chairing the hearing before the ministration officials. News reports such as those represented by the Na- Subcommittee on Administrative Over- have indicated that in April 2003, after tional Religious Campaign Against sight and the Courts. Philip Zelikow the invasion of Iraq, the U.S. arrested Torture, which is composed of a broad testified about how dissent over the a top officer in Saddam Hussein’s secu- spectrum of religious denominations, legal justifications and implementa- rity force, and that some acting on be- support this idea. tion of these practices was stifled and half of then Vice President Cheney Thoughtful commentators like Jon overridden. Ali Soufan, the FBI inter- urged the use of waterboarding in an Meachem, Nicolas Kristof, Tom Ricks, rogator of Abu Zubaydah, testified effort to coerce a ‘‘confession’’ sup- Frank Rich, and Maureen Dowd have about his success using traditional in- porting the link between al-Qaida and come to endorse a nonpartisan commis- terrogation techniques, and about how Iraq. That link, of course, has proven sion. Editorials in support of a non- ineffective and counterproductive the to be an illusory justification for the partisan commission have appeared use of extreme practices was in that war, as were the nonexistent stockpiles over the last several weeks in The New case. And Professor David Luban of nuclear weapons and others weapons York Times, The Washington Post, the critiqued the released memoranda as of mass destruction. Likewise, COL Los Angeles Times, Newsweek, and in legally and ethically dishonest. Larry Wilkerson, former chief of staff Vermont’s Rutland Herald. Last week also evidenced, yet again, to President Bush’s first Secretary of Last week, the Attorney General of why the approach of an independent, State, has written that these brutal in- the United States testified that the nonpartisan review is the right one. terrogations, conducted in the spring Justice Department would, of course, Partisans defending the Bush-Cheney of 2002 before the legal authorizations cooperate with such a commission were administration’s actions chose not to of the OLC memoranda were crafted, Congress to establish one. The Presi- look for the truth, but to mount par- were aimed at the ‘‘discovery of a dent of the United States has said that tisan attacks. They have succeeded in smoking gun linking Iraq and al he, too, feels that such a pursuit would fulfilling the prophecy they created— Qaida.’’ Perhaps these reports help ex- be better conducted ‘‘outside of the that any effort to consider these mat- plain why former Vice President Che- typical hearing process’’ by a bipar- ters would break down into partisan re- ney continues to adamantly support tisan body of ‘‘independent partici- criminations—by themselves doing just these discredited practices. Perhaps pants who are above reproach and have that. They elevated the minor role of a they explain why the proposed amend- credibility.’’

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5801 I urge those Republicans who truly ensure this report remains in the final this year, and it was very clear that, as believe, as Senator CORNYN said, that bill language. we went through the request, we had to in looking at these matters we must Mr. INOUYE. I thank the gentleman accelerate this critical force protection ‘‘maintain our sense of perspective and from Oregon for his request. I appre- program. The administration’s request objectivity and fairness’’ to join in a ciate his concerns and look forward to in the fiscal year 2009 supplemental in- bipartisan effort to provide for a non- working with him on this matter. cludes $1.5 billion for approximately partisan review by way of a commis- MRAP-ALL TRERRAIN VEHICLE 1000 vehicles. The fiscal year 2010 over- sion of inquiry. Such a commission Mr. LEAHY. Mr. Chairman, I was seas contingency operations budget re- would allow us to put aside partisan very pleased to see that the committee quest included roughly $1.5 billion for bickering, learn from our mistakes and provided more than $3 billion for small- about the same number of vehicles. move forward. er, more agile, but still highly protec- The Defense Subcommittee added $1.55 Just as partisan Republicans were tive vehicles know as the MRAP-all- billion for the MRAP ATV to accel- wrong to try to hold up the confirma- terrain-vehicle. That is $1.55 billion erate the procurement of these critical tion of Attorney General Holder to ex- above what the administration re- vehicles. tort a pledge from him that he would quested in the fiscal year 2009 supple- Mr. LEAHY. I think it is tremendous not exercise independent prosecutorial mental. We received a lot of testimony that the subcommittee has shown such judgment, it is wrong to shoe horn this on this armored vehicle program from leadership on working to secure funds amendment onto this emergency witnesses before our subcommittee, in- that we all know is essential to pro- spending bill. I opposed the effort by cluding the Chief of Staff of the Army, tecting our brave men and women de- some Republican Senators who wanted and I had a personal conversation with ployed abroad. I look forward to con- the Nation’s chief prosecutor to agree Secretary of Defense Gates. Everyone tinuing to work with my good friend in advance that he would turn a blind said that the MRAP-ATV, as it is and colleague from Hawaii to hold this eye to possible lawbreaking before in- known in short, is absolutely critical funding in our conference negotiations vestigating whether it occurred. Re- to achieving our goals in Afghanistan. with the House of Representatives. publican Senators asked for such a Mr. INOUYE. I appreciate that com- I thank the esteemed chairman. pledge, a commitment that no pros- ment from my good friend and col- Mr. FEINGOLD. Mr. President, I in- ecutor should give. To his credit, Eric league, the senior Senator from tend to vote against the current emer- Holder did not. Vermont. The MRAP-all-terrain-vehi- gency supplemental spending bill—the Similarly, passing a broad and unre- cle is very important to protecting our second one of this fiscal year—and I lated amendment on an emergency ap- forces in Afghanistan. Since 2005, the would like to briefly list my concerns propriations bill that seeks to instruct Defense Appropriations Subcommittee before explaining them in more detail. the Attorney General how to fulfill his has allocated well over $25 billion to For years I have been fighting to bring constitutional responsibilities is not purchase MRAP vehicles, which have a an end to our involvement in the mis- the path forward. Before we even know V-shaped bottom and several unique guided war in Iraq. While I am pleased how these legal opinions were gen- features that deflect energy from road- that President Obama has provided a erated and who was responsible for side bomb blasts, prevent fragments timeline for redeployment of our what, this amendment calls for the from penetrating, and, in turn, save troops, I am concerned that he intends Senate to usurp the Justice Depart- people from attack. to leave up to 50,000 of the United ment’s role in determining whether The original versions of the MRAP States troops in Iraq. I am also con- and, if so, who to investigate or pros- have saved thousands of lives in Iraq; cerned that this supplemental may pad ecute. Any former prosecutor, any law- however, they are very large, and this the defense budget with items not yer and any citizen should know that it array of vehicles does not fully suit the needed for the war. We should be pay- is not the decision of or an appropriate more rugged environment our deployed ing for such items through the regular role for the U.S. Senate. forces faces in Afghanistan. There, we budget, not running up the deficit to AMENDMENT NO. 1156 see very few paved roads. Many are purchase them. Finally, while the Mr. MCCAIN. Mr. President, I support simple dirt roads, slit through the sides President clearly understands that the Senator LIEBERMAN’s amendment re- of mountains at higher altitudes. Our greatest international security threat lating to Army end strength. By clari- forces need a vehicle that possesses a to our Nation resides in Pakistan, I re- fying existing law contained in the Na- lower center of gravity and that can go main concerned that his strategy re- tional Defense Authorization Act for off-road, but possesses the same level garding Afghanistan and Pakistan does fiscal year 2008 and providing $400 mil- of protection as the original version of not adequately address, and may even lion for personnel and O&M costs, it the MRAP. exacerbate the problems we face in ensures soldiers already on Active Mr. LEAHY. The Senator is so right, Pakistan, problems made even more Duty or who are about to be enlisted and I appreciated the way the sub- clear by the current rising tide of dis- are able to serve. It does not create committee thoroughly looked at the placed civilians. new authority for more Active-Duty administration’s budget request, I do want to make clear, however, soldiers, rather it corrects an erro- scrubbed the numbers, and listened to that there are a number of provisions neous legal interpretation about which what our senior defense leaders had to in the bill I support, including funding end strength number should be used to say. The 86th Infantry Brigade Combat for humanitarian and peacekeeping calculate percentages for additional Team of the Vermont National Guard— missions. In addition, I am pleased that troops. I applaud Senator LIEBERMAN’s the only Army brigade in the Army the bill addresses the increased demand commitment to this goal. with a ‘‘Mountain’’ fighting designa- for direct farm loans through the STATUS OF FORCES AGREEMENTS tion, comprised of upwards of 1,800 USDA’s Farm Service Agency, FSA. As Mr. MERKLEY. Mr. President, I com- proud citizen-soldiers from Vermont— of May 7, the FSA reports backlogs of mend the chairman of the Appropria- will begin a yearlong deployment to nearly 3,000 loans, including $250 mil- tions Committee for all of the great Afghanistan next year. They will help lion in ownership loans and over $100 work he has done to put this supple- train the Afghan National Army, which million for operating loans. With many mental together. is critical to our success there. We States having already completely uti- It is my understanding that the want all our deployed forces—from lized their initial fiscal year 2009 allo- House version of the bill includes a Vermont, Hawaii, and every State, and cations of direct loan funds, the emer- study aimed at examining how the every armed service—to have the best gency addition of $360 million for direct terms of the Status of Forces Agree- protection from roadside bomb attacks. farm ownership loans and $225 million ment will be met, specifically as the That need is reflected in the urgent re- for direct operating loans in the sup- agreement relates to withdrawal quest from Central Command, in the plemental will help ensure that credit timelines. so-called Joint Urgent Operational is available to farmers and ranchers. I As the conferees work to resolve the Needs Statement. was also encouraged that an additional differences of the two bills, I look for- Mr. INOUYE. We have seen a rise in $49.4 million was included for the costs ward to working with the gentleman to roadside bomb attacks in Afghanistan associated with modifying existing

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5802 CONGRESSIONAL RECORD — SENATE May 21, 2009 FSA farm loans, which will help ensure According to credible polls, the major- about American intentions and prin- that FSA is able to work with farmers ity of Afghans do not support a surge ciples. who are viable to avoid foreclosure. in U.S. forces and a majority in the While I support efforts to build a sus- Let me start by focusing on Iraq. south even oppose the presence of U.S. tained relationship with Pakistan, I re- President Obama has taken a necessary troops. For years, the Bush administra- main concerned that, even as we con- and overdue step by outlining a sched- tion shortchanged the mission in Af- tinue to provide support to the Paki- ule to safely redeploy our troops from ghanistan, with disastrous results. But stani military, elements of the Paki- Iraq. This will help us focus on al- we cannot simply turn back the clock. stani security forces remain unhelpful Qaida and its affiliates elsewhere, Sending significantly more troops to in our efforts to cut off support for the which continue to be the main threat Afghanistan now could end up doing Taliban. During a recent hearing before to U.S. national security. I was dis- more harm than good—further inflam- the Senate Armed Services Committee, appointed, however, that the President ing civilian resentment without sig- Senator MCCAIN asked Admiral Mullen decided to draw out the redeployment nificantly contributing to stability in if he still worries about the ISI cooper- over 3 years. Furthermore, recent press that country. ating with the Taliban. Admiral reports indicate that in order to meet Furthermore, sending 21,000 addi- Mullen responded that that he did. the June 30 deadline for U.S. combat tional troops to Afghanistan before This bill contains over $1 billion for the troops to be out of Iraqi cities, certain fully confronting the terrorist safe ha- Pakistani military, and while we must military officials may redraw city bor- vens and instability in Pakistan could not over generalize or take an all or ders instead of relocating nearly 3,000 very well make those problems even nothing approach, it would be unwise Americans, as required under the Sta- worse. And don’t just take my word for and very dangerous to convey to the tus of Forces Agreement. This kind of it. When I raised this point with Am- Pakistani military that it has our un- fluidity is troubling as it would further bassador Holbrooke during a recent conditional support. delay an already too long schedule for hearing, he replied: That would be especially dangerous redeployment. While we have an obli- [Y]ou’re absolutely correct that . . . an ad- now as recent fighting between mili- gation to help stabilize the region over ditional [number] of American troops, and tants and Pakistani forces has report- the long term, we must not lose sight particularly if they’re successful in Helmand edly displaced nearly 11⁄12 million peo- of the fact that our very presence has a and Kandahar could end up creating a pres- ple—the greatest displacement there destabilizing impact and the vast ma- sure in Pakistan which would add to the in- since 1947. This is very troubling, and jority of Iraqis support a prompt with- stability. has potentially grave strategic impli- drawal of U.S. troops. I am concerned By providing additional funds for our cations for U.S. national security. As that if the United States does not ap- troops in Afghanistan, this supple- General Petraeus has said, ‘‘We cannot pear to be moving to redeploy con- mental may actually undermine our kill our way to victory.’’ As we consistent with the bilateral agreement national security as increasing num- tinue to provide assistance to Paki- negotiated with Iraq, there could be a bers of the Taliban could seek refuge in stan’s military, we must ensure they— surge in violence against the troops of Pakistan’s border region. Already, the and we—have the support of the Paki- the United States. Taliban’s leadership has safe haven in stani people. No amount of civilian aid Finally, I note that the Bush admin- Quetta, while the Pakistani military after the fact can make up for military istration chose to negotiate that deal fights militants in the north. Without operations that are not tailored to pro- as an executive agreement when its a concurrent plan for Pakistan, the tect the civilian population in the first scope clearly exceeds that of any pre- movement of Taliban across the border place. vious Executive agreement and extends could further weaken local governance We must also recognize that, while far beyond the kinds of issues ad- and stability, while a flood of refugees the Pakistani security forces are un- dressed in a mere status-of-forces from Afghanistan would compound dertaking operations in the Swat Val- agreement. It should have been sub- Pakistan’s already dire IDP problem. ley, there are individuals in Balu- mitted to the Congress as a treaty and And let’s not forget, we are talking chistan who also present a significant been subjected to the requirement of about instability in a country with a threat to our troops in Afghanistan. approval by two-thirds of the Senate. nuclear arsenal that according to the When I asked Ambassador Holbrooke if The Congress always retains the ulti- Chairman of the Joint Chiefs of Staff is he knew whether the Pakistani Gov- mate authority to determine whether being expanded. ernment was doing everything it could to continue to fund military operations The emergence of a new civilian-led to capture Taliban leaders in Balu- abroad so it is in the interest of the government offers the United States an chistan, he replied that he did not President to seek Senate approval. Our opportunity to develop a balanced and know and that while they have ‘‘cap- national security is best served when sustained relationship with Pakistan tured . . . killed and eliminated over the two branches work together to de- that includes a long-term counterter- the years a good number of the leaders termine our policy on matters of such rorism partnership. I am pleased that of the Taliban and al-Qaida [while] oth- profound importance to the United this administration, unlike the last, ers have been under less pressure.’’ I States. The Congress should make has extended its engagement to a broad encourage the Obama administration clear that, in the future, any such range of political parties and encour- to engage in tough negotiations with agreements must be submitted for rati- aged the development of democracy. I the Pakistani Government on this fication. am also pleased that there are efforts issue and to prepare contingency plans President Obama’s strategy review to significantly increase nonmilitary in the event that we continue to see for Afghanistan and Pakistan finally aid and to impose greater account- members of the security services sup- focuses the Government’s attention ability on security assistance. After porting militants. and resources where they are most years of a policy that neglected Paki- We must continue to ensure al-Qaida needed. After years of our country stan’s civilian institutions and focused and the Taliban are the key targets in being bogged down in Iraq, President on short-sighted tactics that were dan- Pakistan, but strategic success will Obama has brought to the White House gerous and self-defeating, this is a re- also depend in part on the ability of an understanding that the key to our freshing step in the right direction. the Pakistani military to demonstrate national security is defeating al-Qaida, Make no mistake about it, the threat they are pursuing a targeted approach and that to do so we must refocus on of militant extremism has been and that seeks to protect the civilian popu- this critical region. continues to be very real in Pakistan, lation. For example, we should work to But while the President clearly un- but by embracing and relying on a sin- ensure that the Pakistani Government derstands that the greatest threat to gle, unpopular, antidemocratic leader has taken steps to detain known mili- our Nation resides in Pakistan, I am we failed to develop a comprehensive tant leaders and is providing assistance concerned that his announced strategy counterterrorism sustained strategy to those who have been displaced by has the potential to escalate rather that transcended individuals. As a re- the ongoing violence. On the civilian than diminish this threat without sult, we must now recover from a pol- side, working to help reform and making things better in Afghanistan. icy that led Pakistanis to be skeptical strengthen vital institutions, including

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5803 the judiciary and education and health and President. The donation of the col- NATIONAL ARCHIVES AND care systems, is essential. We must lection to the Roosevelt Presidential RECORDS ADMINISTRATION, also work to reform the police, whose Library has been supported by the Na- College Park, Maryland, May 18, 2009. permanent presence in the community tional Archives—NARA—and described Hon. JOSEPH I. LIEBERMAN, Chairman, is less likely to engender hostility than as a matter of ‘‘overwhelming public Hon. SUSAN M. COLLINS, the military’s. In short, we must focus interest.’’ Ranking Member, United States Senate, Com- on helping to build the civilian institu- The acting Archivist of the United mittee on Homeland Security and Govern- tions that are part of a responsive, ac- States, Adrienne Thomas, wrote to ment Affairs, Washington, DC. countable government needed to ensure Chairman LIEBERMAN and Ranking DEAR CHAIRMAN LIEBERMAN AND RANKING al-Qaida and militant extremists do Member COLLINS about this bill earlier MEMBER COLLINS: not find support among the Pakistani this month, and I will ask that a copy Last September, former Archivist of the people. of that letter be printed into the United States Allen Weinstein wrote to Sen- Lastly, I would like to address an RECORD at the conclusion of my re- ator Schumer to express NARA’s strong sup- issue that has received much attention. marks. port for his effort to facilitate the donation A number of my colleagues have spo- After Grace Tully died in 1981, her of the ‘‘Tully Archive’’ to the Franklin D. ken on the floor in opposition to the collection was sold into private hands, Roosevelt Presidential Library (located in President’s commitment to close the and it has since changed hands several Hyde Park, NY), a part of the National Ar- detention facility in Guantanamo bay. times. The current private owner ob- chives and Records Administration, through I believe it is time for Guantanamo to tained the collection in 2001 from a legislation that was pending in the last Con- well-known New York rare book dealer gress. I write now to express NARA’s con- be closed. Senator MCCAIN, Senator tinuing support of this effort in the current GRAHAM, Colin Powell and James in a widely publicized sale. Congress, as encompassed in S. 692 (intro- Baker share this view. The facility has Although no previous claims had duced by Senator Schumer). been made after other sales, the Ar- become a rallying cry and recruiting As we have explained, the Tully Archive is tool for al-Qaida. It contributes to ex- chives stepped forward in 2004 to make a significant collection of original FDR-re- tremism, anti-American sentiment and a claim of ownership to certain specific lated papers and memorabilia that had been undermines our ability to build the documents contained in the larger in the possession of President Roosevelt’s international support we need to defeat Tully collection. They claimed that last personal secretary, Miss Grace Tully. al-Qaida. certain documents were ‘‘Presidential Due to the efforts of your committee to Secretary Gates has testified that papers’’ and should have originally move the issue along, we are now very close ‘‘the announcement of the decision to been given to the Archives, not Grace to resolving this matter after several years of uncertainty. close Guantanamo has been an impor- Tully yet the laws governing such doc- tant strategic communications victory uments and the establishment of Presi- Successful resolution of this case through dential libraries was not passed until a donation to the National Archives, as fa- for the United States.’’ The Director of cilitated by this legislation, would cul- National Intelligence, Admiral Blair, after the death of President Roosevelt. So there are some legal ambiguities. minate several years of serious discussion has stated that: between the Government and the private The detention center at Guantanamo has But for several years, this dispute over parties involved. It will also result in sub- become a damaging symbol to the world and the ownership of a small portion of the stantial savings to the government, by obvi- that it must be closed. It is a rallying cry for collection has prevented the donation ating the need for a lawsuit to claim and as- terrorist recruitment and harmful to our na- of the entire collection. sert government ownership over a small por- tional security, so closing it is important for Both sides wish to avoid litigation, tion of the collection—an action that would our national security. since the collection is being donated to take years, require substantial resources, And, former Navy General Counsel the FDR Library anyway indeed, the and result in our obtaining only a limited Alberto Mora testified to the Senate collection is already at the Roosevelt portion of the Tully Archive. I recognize Armed Services Committee in June Library in sealed boxes waiting for the that there are complex issues involved in this case and consider the Committee’s ap- 2008 that matter to be resolved. Both sides prefer proach to be the best available under the cir- There are serving U.S. flag-rank officers that the matter be solved via Federal cumstances. who maintain that the first and second iden- legislation that will clarify the owner- The entire Tully Archive includes some tifiable causes of U.S. combat deaths in ship issue and ensure that the Archives 5,000 documents, including over 100 FDR let- Iraq—as judged by their effectiveness in re- and the American people receive this ters with handwritten notations; dozens of cruiting insurgent fighters into combat—are, important historical collection. speech drafts and carbons; hundreds of notes respectively the symbols of Abu Ghraib and Since the papers are already at the (or ‘‘chits’’) in FDR’s handwriting; letters Guantanamo. FDR library, my bill seeks only to from cabinet officials and dignitaries, in- There are many unresolved questions clarify the ownership issue in order to cluding a letter from Benito Mussolini con- about the process we will use to pros- facilitate the completion of the dona- gratulating FDR on his 1933 inaugural; Elea- ecute these detainees. We need to re- tion of a collection of immense value nor Roosevelt family letters; and photo- solve those tough questions, but we to historians. The current owner of the graphs, books, framed items, etchings, and other memorabilia. should not use them as an excuse to collection will have to abide by current avoid taking a step that is so impor- tax rules governing such donations, in- Although Miss Tully died in 1984, the ex- tant to our national security. cluding obtaining appropriate apprais- tent of the collection only came to the at- Mr. SCHUMER. Mr. President, I tention of the National Archives in 2004 als. All my bill seeks to accomplish is when a team from the Roosevelt Library and wanted to make a brief statement to allow the donation to move forward today on the Homeland Security and NARA’s Office of General Counsel had the without the time and expense of litiga- opportunity to examine the materials. Al- Governmental Affairs Committee’s tion. though there has been a minor dispute over consideration of S. 692, a bill to ensure Last year, the Homeland Security ownership of a small portion of the collec- that a valuable collection of historical and Governmental Affairs Committee tion, this is very close to being resolved. The papers pertaining to President Frank- also reported out this bill, but it was entire collection is currently in sealed boxes lin Roosevelt, known as the Grace stalled by year-end disputes over unre- at the Roosevelt Library waiting for the gift Tully Archive, can be transferred to lated unanimous consent requests. to be completed. I believe that the National the Roosevelt Presidential Library in Archives and the American people are best Since there is no objection to this bill, served by receipt of the entire collection. Hyde Park. NY. I am hopeful that the Senate can take The Grace Tully Archive is consid- it up and pass it unanimously very It is very important to NARA, and for future historians that might want to study ered the most important collection of soon, so the gift of the papers can be documents and memorabilia related to these papers, for the Tully Archive to be completed this year. kept intact and made fully accessible to the President Franklin Delano Roosevelt Mr. President, I ask unanimous American people in a public government ar- currently in private hands. The collec- cnsent to have the letter to which I re- chives. This result will increase the ability tion was directly given to and/or gath- ferred printed in the RECORD. of scholars to learn about our 32nd president ered by FDR’s personal secretary for There being no objection, the mate- and his extraordinary life and times. decades, covering both his private and rial was ordered to be printed in the There is an overwhelming public interest public career as Governor of New York RECORD, as follows: in making this collection available to the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5804 CONGRESSIONAL RECORD — SENATE May 21, 2009 public. I personally thank you for your ef- Voinovich Webb Wicker to leave significant quantities of equip- forts to ensure that the issue is finally re- Warner Whitehouse Wyden ment overseas. If these equipment solved in the 111th Congress. NAYS—3 shortfalls are not remedied, our Na- Sincerely yours, Coburn Feingold Sanders tional Guard and Reserve forces run ADRIENNE THOMAS, Acting Archivist of the United States. NOT VOTING—10 the risk of further deterioration of readiness levels and capability. The PRESIDING OFFICER. The Begich Hatch Shaheen Byrd Kennedy Udall (CO) In my estimation, it seemed reason- question is on the engrossment of the Carper Murray able to move $2 billion in unobligated amendments and third reading of the Hagan Rockefeller stimulus spending to fund necessary bill. The bill (H.R. 2346), as amended, was procurement of new National Guard The amendments were ordered to be passed, as follows: and Reserve equipment, which was engrossed and the bill to be read a (The bill will be printed in a future tragically overlooked during the stim- third time. edition of the RECORD.) ulus debate. The National Guard and The bill was read the third time. The PRESIDING OFFICER. Under Reserve equipment account is a crit- The PRESIDING OFFICER. The bill the previous order, the Senate insists ical resource for funding procurement having been read the third time, the on its amendment, requests a con- of new equipment for our National question is, Shall the bill, as amended, ference with the House, and the Chair Guard and Reserve forces. This $2 bil- pass? appoints Mr. INOUYE, Mr. BYRD, Mr. lion increase in equipment funding Mr. REID. I ask for the yeas and LEAHY, Mr. HARKIN, Ms. MIKULSKI, Mr. would have provided much-needed mod- nays. KOHL, Mrs. MURRAY, Mr. DORGAN, Mrs. ern equipment for our National Guard The PRESIDING OFFICER. Is there a FEINSTEIN, Mr. DURBIN, Mr. JOHNSON, and Reserve forces, better enabling sufficient second? There is a sufficient Ms. LANDRIEU, Mr. REED, Mr. LAUTEN- them to meet mission and readiness re- second. BERG, Mr. NELSON of Nebraska, Mr. quirements. In addition, this funding, PRYOR, Mr. TESTER, Mr. SPECTER, Mr. which would have to have been spent The clerk will call the roll. COCHRAN, Mr. BOND, Mr. MCCONNELL, by the end of fiscal year 2010, would The legislative clerk called the roll. Mr. SHELBY, Mr. GREGG, Mr. BENNETT, have provided a stimulative effect to Mr. DURBIN. I announce that the Mrs. HUTCHISON, Mr. BROWNBACK, Mr. the U.S. economy. Senator from Alaska (Mr. BEGICH), the ALEXANDER, Ms. COLLINS, Mr. New equipment would also directly Senator from West Virginia (Mr. VOINOVICH, and Ms. MURKOWSKI con- benefit our Nation’s homeland security BYRD), the Senator from Delaware (Mr. ferees on the part of the Senate. missions and disaster response efforts, CARPER), the Senator from North Caro- Mr. RISCH. Mr. President, I come to both of which are frequently assigned lina (Mrs. HAGAN), the Senator from the Senate floor today to speak about to National Guard forces. The Guard’s Massachusetts (Mr. KENNEDY), the Sen- the National Guard and the need for ability to carry out these responsibil- ator from Washington (Mrs. MURRAY), this Federal Government to better ities depends on the availability of nec- the Senator from West Virginia (Mr. equip our Guard and Reserve units. essary equipment. Much of the equip- ROCKEFELLER), the Senator from New Senate amendment No. 1143, which I of- ment that would otherwise be used in Hampshire (Mrs. SHAHEEN), and the fered to the supplemental appropria- these missions remains deployed over- Senator from Colorado (Mr. UDALL) are tions bill, would have done just that. seas and is therefore unavailable. necessarily absent. Although the Senate did not adopt this In closing I want to reiterate my I further announce that, if present sensible measure, I will continue to commitment to the National Guard and voting, the Senator from West Vir- seek creative ways to support the Na- and Reserve. Going forward, I will con- ginia (Mr. ROCKEFELLER) would vote tional Guard and pursue this respon- tinue to fight to ensure that our Guard ‘‘aye.’’ sible and reasonable expenditure. and Reserve units have the resources Mr. KYL. The following Senator is Simply put, my amendment would and equipment necessary to complete necessarily absent: the Senator from have appropriated $2 billion to the Na- their missions. They make every Amer- Utah (Mr. HATCH). tional Guard and Reserve equipment ican proud, and I am committed to Further, if present and voting, the account. This money would have come maintaining a healthy and well- Senator from Utah (Mr. HATCH) would from unobligated funds made available equipped National Guard and Reserve have voted ‘‘aye.’’ by the American Recovery and Rein- for years to come. The PRESIDING OFFICER. Are there vestment Act of 2009. The rescissions Mr. WHITEHOUSE. Mr. President, I any other Senators in the Chamber de- would not have applied to amounts re- suggest the absence of a quorum. siring to vote? lating to the Department of Defense, The PRESIDING OFFICER. The clerk will call the roll. The result was announced—yeas 86, the Department of Homeland Security, Military Construction, or the Veterans The assistant legislative clerk pro- nays 3, as follows: ceeded to call the roll. [Rollcall Vote No. 202 Leg.] Administration. In recent years, our National Guard Mr. REID. Mr. President, I ask unan- YEAS—86 and Reserve forces have faced substan- imous consent that the order for the Akaka Dorgan Lugar tial shortfalls in equipment, and the quorum call be rescinded. Alexander Durbin The PRESIDING OFFICER Without Martinez military budget requests have been in- Barrasso Ensign McCain objection, it is so ordered. Baucus Enzi McCaskill sufficient to remedy the problem. Even Bayh Feinstein McConnell prior to 9/11, our National Guard and f Bennet Gillibrand Menendez Reserve forces had equipment defi- MORNING BUSINESS Bennett Graham Merkley ciencies. Since 9/11, due to an espe- Bingaman Grassley Mikulski Mr. REID. Mr. President, I ask unan- Bond Gregg Murkowski cially high operational tempo in the imous consent that the Senate proceed Boxer Harkin Nelson (NE) Iraqi and Afghan Theaters of Oper- Brown Hutchison to a period of morning business, with Nelson (FL) Brownback Inhofe ations, our National Guard and Reserve Senators allowed to speak therein for Pryor Bunning Inouye equipment is being worn out and ex- Reed up to 10 minutes each. Burr Isakson Reid hausted more quickly than anticipated. The PRESIDING OFFICER Without Burris Johanns Combat losses are also contributing to Cantwell Johnson Risch objection, it is so ordered. Roberts Cardin Kaufman shortfalls. Compounding the problem, f Casey Kerry Schumer in order to provide deployable units, Chambliss Klobuchar Sessions the Army National Guard and the DARFUR Cochran Kohl Shelby Collins Kyl Snowe Army Reserve have had to transfer Mr. REID. Mr. President, I met brief- Conrad Landrieu Specter large quantities of their equipment to ly this week with the actress and activ- Corker Lautenberg Stabenow deploying units, exacerbating short- ist Mia Farrow, who has dedicated so Cornyn Leahy Tester ages in nondeploying units. Also, some much time lately—and even put her Crapo Levin Thune DeMint Lieberman Udall (NM) National Guard and Reserve units, at own health at risk—to raise awareness Dodd Lincoln Vitter the end of their deployments, have had of the atrocities in Darfur.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5805 Like Ms. Farrow, my good friend Many members of this body have had Frederick Kleinschmidt, James Williams, Pam Omidyar—the founder and chair the chance to see their constituents at Elmer Givan, Leslie Powers, Marion Crock- of the Board of Humanity United—has the World War II Memorial because of ett, Edward Goldner, Loren Charley, Edgar also fasted for more than a month in the noble work Honor Flight does in Hodges, Joseph Johnson, Alvin Lawyer, Orin Bond, Antonio Martinez, John Eckert, Lee solidarity with the Darfurian refugees. transporting surviving World War II Bumpus, Donald King, Marcus Combs, Nor- Mia Farrow and Pam Omidyar enjoy veterans from around the country to man Miller, Allen Jones, Roy Vance. liberty and wealth. They do not need to see their memorial free of charge. I am do this. But through their actions, they honored to have been invited to par- f both so generously speak for those the ticipate in previous flights from the CREDIT CARDHOLDERS’ BILL OF world ignores. Commonwealth, and I regret that my RIGHTS ACT OF 2009 The terrible situation in Darfur dete- schedule prevented me from attending Mr. KYL. Mr. President, I opposed riorates with each passing day. But we the one that took place this past week- this legislation because it will likely don’t hear much about it. It has long end. I hope to have the chance once have the unintended consequence of re- since faded from the front pages in the again to visit with Kentucky Honor stricting credit to those who need it face of everything else going on in our Flight participants. most. The major economic issue at economy and the two wars we wage in On Saturday, May 16, Honor Flight’s play is the ability of financial institu- the Middle East. Bluegrass Chapter arrived in our Na- tions to utilize risk-based pricing to We cannot ignore this crisis. The tion’s Capital with 79 World War II vet- determine how much to charge an indi- United States has officially and appro- erans from my home State of Kentucky vidual for credit. Risk-based pricing es- priately recognized that what is hap- to see the memorial which they in- sentially permits a lender to charge a pening in Darfur is genocide. For the spired. It is my hope that these vet- higher price to individuals who are at a more than 2.4 million people who have erans felt a sense of pride in seeing great risk for nonpayment. More so- been displaced against their will, we their memorial after all, pride is the phisticated pricing has also expanded cannot look the other way and cannot very same feeling these men and credit to those who otherwise would stand idly by. women inspire in their fellow Ameri- not be eligible for a credit card. Most of the people of Darfur depend cans. Financial institutions that offer on international aid to survive day-to- In my previous experiences in meet- credit cards face four major risks. One, day. The United Nations has agreed to ing with the participants of Honor the lending they provide is not secured send 26,000 peacekeepers to Darfur, but Flight trips, people of all ages have by collateral. Two, a creditor has no they face an uphill fight—they have been humbled by the presence of these way of knowing when a cardholder struggled to get the resources they veterans at the memorial. School chil- loses his job and the income he would need to ensure the safety of those who dren have shook hands with the men need to repay his debt. Three, a bor- live in Darfur and to end this crisis. and women who served in World War II rower can max out the full amount of Making matters worse, when the and thanked them for their service. his limit without advance notice. And International Criminal Court recently Others have asked for the privilege of four, unlike other forms of lending, issued a warrant to arrest the Presi- taking a photo with a real-life Amer- credit cards are relatively more suscep- dent of Sudan—President Bashir—for ican hero. Still more, including myself, tible to fraud. war crimes and crimes against human- have shared stories that have been Since it is impossible for a lender to ity, he responded by expelling 13 non- passed down through generations about know when a borrower will default, governmental organizations that had how World War II affected their family. credit card companies carefully mon- been distributing food and medicine to In watching these interactions, one itor their cardholders’ activity. A de- the people in Darfur. thing is clear: the sacrifices that these Because of its economic investments, men and women made will never be for- linquent payment, exceeding one’s China has unique leverage with Sudan. gotten. credit limit or bouncing a check acts I wish to express my sincere grati- It is important that China uses that in- as an early warning sign that help tude to the Kentucky veterans who fluence to help the people of Darfur. firms identify higher risk cardholders. were here over the weekend for having I appreciate the work of Major Gen- In order to manage these risks, credit served to protect our great nation’s eral Jonathan Scott Gration—the card companies use certain practices to principles from the enemies of freedom. President’s special envoy to Sudan— protect themselves from the possibility I ask unanimous consent that the but we must do more to put Darfur at of default. names of the 79 World War II veterans the forefront of our foreign-policy Any legislation or regulation that re- from the Commonwealth be printed in agenda. And we must be clear about stricts the ability of credit card issuers the RECORD. our objectives. to adequately price risk could have There being no objection, the mate- The Sudanese government has re- several unintended consequences. In- rial was ordered to be printed in the peatedly proven untrustworthy at the vestors who in the past may have been RECORD, as follows: negotiating table. As the administra- attracted to the relatively higher re- WORLD WAR II VETERANS tion and our special envoy develop a turns afforded securitized credit card new policy, we must consider how we Allen Courts, Robert Adams, Charles assets may shift their funds into alter- Alessandro, Donald Cobb, Kenneth Gillespie, native sources of lending. As a result, can get Khartoum to change its behav- Guthrie Catlin, Joe Terrell, Donivan ior. credit card companies may increase in- Mahuron, George Spaulding, George terest rates on all card holders, in- There have been too many people in Schembari, Dale Tinkle, Jack Distler, Wal- too many camps for too many years— ter Pearce, Joseph Crouse, Kathleen Drum- crease monthly minimum payments, and the world has been silent for far mond, Clarence Lange, Leroy Lange, Marcus reduce credit limits or simply issue too long. Shearer, Garland Lewis, Gordon Lewis. fewer cards. Herbert Lewis, William Morris, Dewey We have no excuse to do anything f Smith, Roy Ricketts, Frank Mellon, Jr., short of all we can do to ensure aid Hugo Becker, Robert Byrum, Carl Kiesler, HEALTH CARE REFORM groups are on the ground in Darfur, and Nelson Moody, Murrell Ramsey, George that they can do their jobs—to ensure Pearl, Chesterfield Pulliam, John Canary, Mr. LEAHY. Mr. President, very few a political process is in place, and that William Grantz, Jack McQuair, William Mil- people in America today would argue it can work—and to help save the lives ler, John Noonan, Irvine Stevens, Joseph that our health care system is not in of millions. Blincoe, Richard Burnett, need of reform. It is a travesty that in Charles Branson, Francis Kindred, Gustave f the richest, most powerful country in LaFontaine, Carojean MacDonald, Carroll the world, there are more than 47 mil- TRIBUTE TO HONOR FLIGHT Hackett, Ira Johnston, Billy Turner, William lion people without health insurance. Fender, John Hinkebein, Richard Yann, Mr. MCCONNELL. Mr. President, I Edwin Casada, Fitzhugh Roy, Henry Ander- That is an absolutely shocking num- would like to take a moment to recog- son, Marvin Lawson, George Greathouse, ber. It represents roughly one in six nize the first Honor Flight from Ken- Paul Berrier, Sr., Thomas Napier, Thomas people who are going without regular tucky for the 2009 operational season. Roberts, Ralph Stengel, Chester Sublett. trips to the doctor, forgoing needed

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5806 CONGRESSIONAL RECORD — SENATE May 21, 2009 medications and resorting to emer- offer coverage only to the healthiest outcomes through patient centered gency rooms for care because they have Americans. Comprehensive health care medical homes. Vermont is seeing good nowhere else to turn. These are our reform can change this calculus and results and is finding that a coordi- friends, our neighbors, and millions of that is why I support the creation of a nated approach to health care prevents our children. federally backed, public health insur- repeated hospital visits and the emer- An estimated 87 million people—one ance option. For those who are satis- gence of chronic conditions. Prevention in every three Americans under the age fied with their current insurance there must be seen as a cornerstone to both of 65—were uninsured at some point in is no need to change. A public option reducing costs and keeping Americans 2007 and 2008. While my home State of would only give consumers more healthy. Vermont has made significant strides choices to purchase an affordable and Some argue that in our current eco- in creating a plan for comprehensive quality health insurance plan and will nomic climate it would be irresponsible coverage, there are still far too many help drive down overall health care to reform health care because we sim- Vermonters without health insurance. costs by introducing real competition ply cannot afford it. What we cannot While we beat the national average, into the health care market. I was afford is to stick with the status quo, roughly 10 percent, or 66,000 proud to join Senator BROWN and over which is crippling our economy and ne- Vermonters remain uninsured. twenty other Senators to introduce a glecting millions of Americans who Those Americans who are fortunate resolution stating our support of a pub- want coverage but cannot afford it. enough to have health coverage often lic option as part of comprehensive Health care costs currently consume 16 cannot afford to access care. Every health care reform legislation. percent of the United States’s gross do- I appreciated the recent news that day, Americans across this country are mestic product, which is expected to leaders of the health care industry are struggling to afford premiums for double in the next decade if nothing is working with the Obama administra- health insurance, which have nearly done to slow the trend. tripled since 2000. In fact, new esti- tion and have unveiled a plan to volun- mates show that the cost for health tarily trim roughly $200 billion in Strengthening our enforcement ef- care for the average American family health care costs per year. While this is forts to crack down on rampant fraud, is more than $16,000 per year—an in- a movement in the right direction, this waste, and abuse in the health care crease of over $1,100 from the previous should not distract from the fact that system is vital to lowering costs asso- year. Health care reform has been put coverage must be affordable for Ameri- ciated with health care. The scale of on hold for far too long and cannot be cans or the larger goal of reducing health care fraud in America today is delayed any further. overall costs will not be realized. A staggering. According to conservative It is encouraging that this Congress public option should recognize an indi- estimates, about 3 percent of the funds has already taken a few constructive vidual’s ability to pay and offer sub- spent on health care are lost to fraud— steps toward insuring more Americans sidies for those who are still unable to that totals more than $60 billion a and making our health care system afford care. Leaving individuals with- year. For the Medicare Program alone, more effective. One of the first bills out insurance drives up health care the Government Accountability Office that President Obama signed into law costs for us all, and we must work to- estimates that more than $10 billon was the reauthorization and expansion ward a goal of insuring all Americans. was lost to fraud just last year. Unfor- of the Children’s Health Insurance Pro- Insuring more Americans is of no use tunately, this problem appears to be gram. This bill has extended and re- unless we work toward incentivizing getting worse, not better. newed health care coverage for over 10 people to become nurses, doctors, and The answer to this problem is to million children and provided 4 million health care professionals. My wife make our enforcement stronger and more with new coverage. As part of the Marcelle is a nurse, and I understand more effective. We need to deter fraud American Recovery and Reinvestment the threat that nursing shortages pose with swift and certain prosecution, as Act, Congress extended health benefits to health care access and safety. Addi- well as prevent fraud by using real- for Americans who lost their jobs as tionally, with the costs of a medical time internal controls that stop fraud part of the economic downturn and in- education rising, many aspiring physi- even before it occurs. We need to make vested over a billion dollars to help cians are choosing to specialize instead sure our enforcement efforts are fully States implement electronic health of pursuing a career in primary care. coordinated, not only between the Jus- records to help make care more effi- Especially in a rural State like tice Department and other agencies, cient with strong personal privacy pro- Vermont, we are struggling to main- but also between federal, state, and pri- tections, which I was proud to coauthor tain primary and preventative care vate health care fraud investigators. with others. While these bills have services throughout the State. I have Much has been done to improve en- moved our country in the right direc- heard from far too many Vermonters forcement since the late 1990s, but we tion, it would be a mistake to stop who use the emergency room for every- can and must do more. short of larger scale changes to our day health care needs because there are Health spending cannot be controlled health system. The need for com- not enough primary care physicians to without a comprehensive approach prehensive reform has never been more handle the demand for services. I sup- that focuses on all aspects of our urgent. port efforts to establish programs to health system. We cannot afford to Health care reform legislation must help students repay their loans should stop the growth in health spending create a system where all Americans they choose to practice in underserved without ensuring that Americans have have the opportunity to access health fields or areas high in need of physi- access to primary care to prevent and insurance that is affordable and pro- cians and nurses across the country. treat chronic conditions before they Strengthening our primary care vides adequate coverage. For far too begin. We must target inefficiencies workforce will also help Americans ac- long, an unregulated health insurance and fraud within the system and cess preventative services to help market has cherry-picked healthy incentivize quality of care not nec- maintain good health and reduce the Americans to provide coverage to, essarily quantity of care. while offering unaffordable coverage to incidence of debilitating chronic condi- individuals with ‘‘pre-existing conditions. Chronic diseases are often pre- We have the opportunity to create a tions.’’ Many others who have insur- ventable or manageable with treat- system that maintains patient choice, ance do not have adequate coverage ment, yet currently account for 75 per- gives all Americans access to quality and are insured only for certain condi- cent of our health care spending. Al- care and reduces overall health spend- tions. Others have high premiums or ready we have seen a movement to tar- ing. We cannot afford to neglect true unaffordable deductibles so accessing get preventable diseases by focusing on reform to our health system any care is unrealistic. ways to promote healthy lifestyles and longer. Competition among private insurers choices. As part of its Blueprint for I look forward to working with the has not driven down costs to con- Health, Vermont has begun a series of Finance and HELP Committees and all sumers and the current private insur- pilots across the State to enhance Senators to pass a comprehensive ance market has a clear incentive to health care coordination and patient health care reform bill this year.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5807 NATIONAL SMALL BUSINESS backed lending, Small Business Admin- tive steps addressing different facets of WEEK istration—SBA—loan volume is show- the problem we are addressing here Ms. SNOWE. Mr. President, this week ing mixed results. today, but more must be done. we celebrate National Small Business Recently, Congress and the White During a private meeting I had with Week, a time that affords us the oppor- House have taken a number of steps to President Obama in the Oval Office re- tunity to reflect not only on the count- address this crisis. Specifically, in the cently, I implored the President to cre- less contributions that small busi- American Recovery and Reinvestment ate a competitive lending platform at nesses have made, and continue to Act, Small Business Committee Chair the SBA. Too often, potential SBA bor- make, to the economic strength of our LANDRIEU and I worked together to rowers are stymied by the limited great country—but also on how the eliminate fees and increase guarantee number of SBA lending options in their Federal Government is assisting these rates to a maximum of 90 percent for community. In the traditional lending companies to be successful in their own the SBA’s flagship 7(a) and 504 loan sphere, this problem has been ad- right. As such, I rise today as ranking programs. The Obama Administration dressed by the emergence of private member of the Senate Committee on quickly implemented these vital provi- for-profit Web sites that aggregate Small Business and Entrepreneurship sions. As a result, average weekly SBA lending offers for potential borrowers, to discuss the status of our Nation’s 27 loan volume has increased 25 percent giving banks the opportunity to com- million small businesses, and to elabo- since their implementation. pete for lending business. A lending rate on the role the Federal Govern- This is significant progress. Nonethe- platform that allows SBA lenders nament is playing, can play—and must less, as I continue to hear from entre- tionwide to ‘‘bid’’ on potential bor- play—in providing these critical firms preneurs, including during four small rowers would increase potential SBA with the resources and tools they re- business roundtables I recently held in borrowers’ access to SBA lenders and quire to lead us out of our deep eco- Maine, credit remains constrained. Ac- would increase the pool of applicants nomic morass. cordingly, I am calling on the Obama for banks. This platform would create The facts and figures are enlight- administration to immediately imple- more competition and availability for ening. Small businesses represent 99.7 ment the remaining small business pro- borrowers, and in turn lead to a likely percent of all employer firms nation- visions from the Recovery Act, some- reduction in interest rates for SBA- wide. They generate two-thirds of net thing our committee members urged of backed loans. new jobs annually. And they create SBA Administrator Mills just last At a Small Business Committee hear- over half of our Nation’s nonfarm pri- week. ing in March, we heard testimony vate gross domestic product—GDP. So And it appears that the administra- about the difficulty small business there can be no question that small tion is listening. On Monday, Adminis- owners face in maintaining existing businesses are critical to our nation’s trator Mills announced the official lines of credit during these uncertain economic vitality and success. roll-out of the new Business Stabiliza- economic times. Small businesses are Yet we face an economic landscape tion Loan Program, otherwise known reporting that banks are ‘‘calling’’ that is unlike any other we have seen as the America’s Recovery Capital, or back loans, by requiring outstanding in decades. The unemployment rate ARC, loan program, to provide inter- loans to be repaid within compressed stands at 8.9 percent—the highest level est-free loans, up to a maximum of and expedited timeframes. Unfortu- in over 25 years. More than 13.7 million $35,000, to firms having difficulties nately, with banks demanding payment Americans are without jobs, 5.7 million making loan payments. These sta- and little access to other credit, the of which have been lost since the begin- bilization loans include deferred repay- survival of numerous small businesses ning of this recession in December 2007. ment schedules, to help small busi- is being threatened. We are in an economy that contracted nesses weather this recession. A crit- As such, another solution to the 6.1 percent in the first quarter of 2009— ical provision that Chair LANDRIEU and credit crisis worth considering is using after having contracted 6.3 percent in I worked together to include in the Re- TARP funds to guarantee lines of cred- the fourth quarter of 2008. During what covery Act, the ARC loan program will it for small businesses. The Treasury is the deepest and longest recession act as a bridge for hundreds of small Department could use funds from since the Great Depression, small busi- business owners that just need a small TARP to support guarantees on credit nesses struggle in accessing capital to infusion of capital to stay afloat. lines and in return, the bank receiving purchase equipment and expand their Chair LANDRIEU and I also worked to- this guarantee would agree to help operations; providing affordable and gether to increase funds for micro- craft a payment schedule that would quality health insurance to their em- lending within the SBA, and ease refi- help the affected small business. This ployees; and complying with complex nancing restrictions for 504 loans, al- program would be completely vol- tax laws and regulations. lowing more small businesses to access untary but would benefit both the bor- Without healthy small businesses, credit and other resources through the rower, who would continue to receive our economy cannot—and will not—re- SBA. These are crucial measures that, credit, and the lender who would recover. We must design comprehensive if implemented soon, could have a dra- ceive a guarantee on an outstanding and thoughtful initiatives to aid small matic effect on the flow of credit. loan. Chair Landrieu and I sent a letter businesses during these difficult times. I am pleased that President Obama to Treasury Secretary Geithner in President Obama and this Congress recognizes the credit crisis and held a March, and he has been extremely help- have already taken several steps, but White House Summit that I partici- ful in working to assess the viability of these cannot represent the totality of pated in last March to address the con- this proposal. our efforts. cerns of the small business community. Among the many issues we have been The central focus and priority of our In a step for which I advocated in con- discussing here in the Senate is the on- efforts must be thawing frozen credit versations with the administration, he erous burden of taxes—a topic that markets and increasing lending vol- used the occasion to announce that arises every time I speak with small ume. The flow of credit is critical to Treasury will directly purchase, business owners. Frankly, small busi- the well-being of small businesses be- through the Troubled Asset Relief Pro- nesses suffer under the weight of our cause when companies cannot access gram, TARP, $15 billion in securitized Nation’s tax burden. The undeniable credit, jobs are lost and businesses suf- SBA 7(a) and 504 loans. A witness be- and regrettable fact is, tax compliance fer. What last year was a ‘‘credit fore our Committee recently testified costs are 67 percent higher for small crunch’’ for small businesses has all that this essential step is a ‘‘great business than for larger firms. A hor- too rapidly ballooned into a full-blown launch pad’’ for promoting liquidity in rendously complicated Tax Code fos- crisis. This calamity threatens to con- the secondary markets to spur new fi- ters evasion that then builds skep- tinue shuttering storefronts all across nancing dollars, and I agree. I encour- ticism among Americans about the va- Main Street America—the very last age the administration to roll out this lidity of the whole system. Much of our thing we need at this critical juncture. program as quickly as possible. Tax Code is also due to expire in less At a time when small businesses should The provisions in the stimulus and than 2 years. And as a senior member be turning to the safety of government- the President’s announcement are posi- of the Senate Finance Committee, I am

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5808 CONGRESSIONAL RECORD — SENATE May 21, 2009 ready to work on a bipartisan basis to nated, or worse. I have made several ROTARY: PATHBUILDER TO PEACE forge a new tax code that is progrowth suggestions today that, when coupled KEYNOTE ADDRESS OF DR. JOHN BRADEMAS, with the fewest number of economic with the small business provisions PRESIDENT EMERITUS, NEW YORK UNIVER- distortions and that raises sufficient passed in the Recovery Act, can hasten SITY AND FORMER MEMBER (1959–1981), U.S. revenue to finance our Nation’s spend- a revitalization of our Nation’s econ- HOUSE OF REPRESENTATIVES (DEM.–IND.) ing priorities. omy. I sincerely hope that we take to ROTARY INTERNATIONAL DISTRICT 6506 I must say that I am particularly heart the critical role small businesses CONFERENCE concerned about raising taxes on small play in the creation of a healthy and (Indianapolis, Indiana, May 2, 2009) business owners when the tax cuts ex- stable economy, and work in a bipar- Rotary District Governor, Judge Tom pire at the end of 2010. Raising personal tisan fashion to seek new ways of en- Fisher; Rotarians all, I am greatly honored tax rates from 33 to 36 percent and suring that we in Congress are pro- to have been invited to open your conference from 35 to 39.6 percent results in a 9 viding them with the right kind of as- in Indianapolis today. percent tax increase on small business sistance. In the first place, I am a fellow Hoosier. My mother was born in Grant County, Indi- because 93 percent of small businesses f ana, and my two brothers, sister and I, while are organized as flow-through entities ROTARY KEYNOTE ADDRESS students in school in South Bend, would such as partnerships and Subchapter S spend summers in the small Grant County corporations. Taking another 9 percent Mr. BAYH. Mr. President, I wish to town of Swayzee at the home of my mother’s out of small business leaves fewer recall the attention of my colleagues to a parents, Mr. and Mrs. William Chester Goble. sources available to small business most thoughtful address delivered in As my grandfather had been a school prin- owners to reinvest in America’s great- my State of Indiana recently by a fel- cipal and college history professor, he had a est job generators. low Hoosier, one who served as a Mem- library in their home of some 6,000 books. My ber of Congress from Indiana for 22 brothers, sister and I practically lived in There are lots of conflicting studies, that library during those summers—an in- but Treasury data indicates that al- years, 1959 until 1981. I refer to Dr. John Brademas, who represented the valuable experience. most 70 percent of flow-through income My mother was a schoolteacher and my fa- is earned by 9 percent of small business district centered in South Bend. A Democrat, John Brademas served ther ran a restaurant. My dad, Stephen J. owners, and these are the owners who Brademas, was born in Greece, and although throughout those years on the Com- are generating jobs. Furthermore, ac- we four children grew up with a strong sense mittee on Education and Labor of the of pride in our Hellenic ancestry, we were all cording to data Senator GRASSLEY re- House of Representatives where he ceived from the Joint Committee on members of the Methodist Church. took part in writing most of the meas- I must add that I am the first person of Taxation, small business owners would ures then enacted to support schools, Greek origin elected to the Congress of the pay more than half the taxes from colleges, and universities; the arts and United States, and only last month I was at higher marginal rates. That data indi- the humanities; libraries and museums; the White House for a reception hosted by cates that $187 billion of the $339 bil- Head Start; and education of children President Obama to mark Greek Independ- lion raised from increasing the top two with disabilities as well as others. ence Day, while some days after that, I at- tax rates would come from small busi- In his last 4 years, John Brademas tended a similar reception at Gracie Man- sion, the home of Mayor Bloomberg of New ness. Notably, I offered an amendment was majority whip of the House of Rep- during the budget debate that would York City. resentatives, third-ranking member of You may also be interested to know that have prevented tax increases on small the Leadership. when I was a senior at South Bend Central business owners if more than 50 percent Seeking election in 1980 to a 12th High School, P. D. Pointer, our school prin- of their income came from a small term, John Brademas lost that race. He cipal, invited me to join him at the regular business. The amendment, which would was shortly thereafter invited to be- luncheons of the Rotary Club of South Bend. have allowed this proposal to go for- come president of New York Univer- ROTARY CLUB OF SOUTH BEND ward if offset, passed by voice vote but sity, the Nation’s largest private, or Indeed, on inquiry of the Rotary Club of was inexplicably dropped in conference. independent, university. South Bend about those luncheons, I learned Nonetheless, it is imperative that we He served as president until 1992 that 65 years ago, the students who attended work together to preserve the tax cuts when he became president emeritus, them were not called ‘‘Junior Rotarians’’ but for all small businesses, and I hope his present position. I believe it is rec- ‘‘High School Boys’’ even as I was reminded that we can. ognized by those in the higher edu- that in January 1945, 65 years ago, I gave the I would also like to add that al- cation world in the United States that farewell for the ‘‘High School Boys’’ who though the Recovery Act made some John Brademas led the transformation graduated from Rotary luncheons that week. of NYU, as it is known, to one of the So it’s obvious that my link with Rotary vital changes to the Tax Code to help goes back a long way! small businesses—such as extending most successful institutions of higher After high school, with World War II still bonus depreciation and expensing—it learning in our country. on, I enlisted in the Navy and was sent to an fell short in its treatment of net oper- A graduate of Harvard University officers’ training program at the University ating losses. The Recovery Act allows where, as a Veterans National Scholar, of Mississippi, in Oxford, Mississippi. small businesses to carryback 5 years he earned his B.A., magna cum laude, Following my freshman year at ‘‘Ole losses they incurred in 2008, a provision in 1949, he went on to Oxford Univer- Miss’’, with the war over, and discharged, I sity, England, where as a Rhodes went to Cambridge, Massachusetts and Har- for which I successfully fought. This vard where I completed college, graduating indispensable cash flow tool allows Scholar, he earned a Ph.D. with a dissertation on the anarchist movement in 1949. And I’ll be back at Harvard next businesses that have been profitable— in Spain. month for the 60th reunion of my graduating but are currently facing losses—to file John Brademas is married to Dr. class. for a refund of taxes paid in the last 5 Mary Ellen Brademas, a physician in While at Harvard, I spent a summer work- years. Yet, this relief remains incom- ing with Aztec Indians in rural Mexico, private practice, a dermatologist, af- wrote my college honors thesis on the plete as it was limited to businesses filiated with the NYU Medical Center. with gross revenues less than $15 mil- Sinarquista movement there and four years On May 2, 2009, John Brademas deliv- later, at the other Oxford, in England, as a lion. So I commend the President for ered the keynote address, ‘‘Rotary: Rhodes Scholar, wrote my Ph.D. dissertation proposing to allow all businesses to Pathfinder to Peace,’’ for a statewide on the anarchist movement in Spain, which carryback their 2008 and 2009 losses for conference in Indianapolis of members was centered in Catalonia. 5 years. That is also why I introduced of Rotary Clubs from throughout Indi- My study of the anarchists was published a bill to address this situation, and I ana. thirty-five years ago, in Spanish, in Bar- thank Senators BAUCUS, HATCH, I believe my colleagues will read celona, and, in fact, only last December, I STABENOW, ENSIGN, LINCOLN, CANT- with interest John Brademas’ address was awarded an honorary degree by the Uni- versity of Barcelona. WELL, and BILL NELSON, for cospon- on this occasion, and I ask unanimous I like to say that although I studied anar- soring this significant legislation. consent to have the text of his remarks chism, I did not practice it! For only months The bottom line is that at the end of printed in the RECORD. after returning to South Bend, I was running the day, if small businesses cannot There being no objection, the mate- for Congress. gain greater access to capital, our eco- rial was ordered to be printed in the Just old enough under the Constitution to nomic recovery will be slowed, stag- RECORD, as follows: be a candidate, I lost my first race, in 1954,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5809 by half a percent. Not surprisingly, I decided The description continues: Rotary club base in Buenos Aires and will shortly do so to run again two years later and lost a sec- members, coming from all political, social as well in Tel Aviv. ond time, in 1956. and religious backgrounds, are united in Moreover, when I last looked, New York My political godfather, you may be inter- their mission to promote international un- University is among the top half-dozen uni- ested to know, was a Hoosier who became derstanding through humanitarian and edu- versities in the United States in hosting stu- Chairman of the Democratic National Com- cational programs. Rotary clubs initiate dents from other countries. mittee, the late Paul M. Butler of South projects both locally and internationally, to Now if as a Member of Congress and as Bend. address the underlying causes of conflict in- president of New York University, I pressed Indeed, as I’ve said, one reason I was so cluding illiteracy, disease, hunger, poverty, for more study of other countries, cultures pleased to accept the invitation to address lack of clean water and environmental con- and languages, I continued—and continue— you today is that it’s good to be back home cerns. to do so wearing other hats. Appointed, by President Clinton, chairman in Indiana—and surrounded by fellow Hoo- PRESIDENT, NEW YORK UNIVERSITY siers! of the President’s Committee on the Arts After a brief stint serving in Chicago on I leap ahead. Following my defeat in my and the Humanities, which in 1997 produced the presidential campaign staff of Adlai Ste- campaign for reelection in 1980, I was invited a report, Creative America, with rec- venson, I again ran for Congress and, as I to become President of New York University, ommendations for generating more support told you, I lost a second time—as did he—in the largest private, or independent, univer- for these two fields in American life, I was 1956. But I still thought I could win, and on sity in the United States. naturally pleased that our committee rec- Located in Manhattan, headquartered on my third try, in 1958, was first elected, then ommended that our ‘‘schools and colleges Washington Square Park, NYU, as it is fa- ten times reelected, and so was a Member of . . . place greater emphasis on international miliarly known, I found an exciting place to Congress for twenty-two years. studies and the history, languages and cul- be, and to lead it, an exciting challenge. I am delighted in this respect to see here tures of other nations.’’ You will not be surprised, in view of what today a distinguished member of the Su- As for seven years chairman of the Na- I’ve told you, that I gave particular atten- preme Court of the State of Indiana, Justice tional Endowment for Democracy, the Feder- tion to NYU’s programs for the study of Frank Sullivan, and his wife, Cheryl. Justice ally financed agency that makes grants to other countries and cultures. Sullivan was at one point my top assistant private groups struggling to build democracy I found on arrival in 1981 that New York when I was a Member of Congress and, in- in countries where it does not exist, I had University was already strong in French and deed, his wife, Cheryl, was also a member of another exposure to the imperative of know- German Studies. my staff. She now serves on the staff of Sen- ing more about other countries and cultures. Two years later, in 1983, I awarded an hon- I continued that interest through service ator Evan Bayh as Policy Director. orary degree to King Juan Carlos I of Spain, I served on Capitol Hill during the Admin- on the World Conference of Religions for announced a professorship in his name and in istrations of six Presidents: three Repub- Peace; on the advisory council of Trans- 1997, in the presence of Their Majesties, the licans—Eisenhower, Nixon and Ford; and parency International, the organization that King and his Greek Queen, Queen Sofia, and three Democrats—Kennedy, Johnson and combats corruption in international business of the then First Lady of the United States, Carter. transactions; and by chairing the American now Secretary of State, Hillary Rodham Ditchley Foundation, which helps plan dis- MAJORITY WHIP, HOUSE OF REPRESENTATIVES Clinton, I dedicated the King Juan Carlos I cussions of policy issues at Ditchley Park, a During my last four years, I was the Major- of Spain Center at NYU for the study of the conference center outside Oxford, England. ity Whip of the House of Representatives, economics, history and politics of modern SENATORS RICHARD LUGAR AND EVAN BAYH third-ranking position in the House Demo- Spain. cratic Leadership. All this was the result of my having, as a Here I must note that citizens of Indiana Every other week, as Whip, I would join schoolboy in South Bend, read a book about can take pride in the leadership in the shap- Speaker ‘‘Tip’’ O’Neill of Massachusetts, the Maya! So I know what early exposure to ing of our national foreign policy offered by House Majority Leader Jim Wright of Texas, another culture, another country, another three distinguished legislators in Wash- Senate Majority Leader Bob Byrd of West language has meant in my own life. ington. Senator Richard Lugar is former Virginia and Senate Majority Whip Alan And I believe that among the reasons—I do chairman of, and now ranking Republican Cranston of California for breakfast at the not say the only one—the United States suf- on, the Senate Foreign Relations Com- White House with President Carter and Vice fered such loss of life and treasure in Viet- mittee, while Lee Hamilton was for a num- President Mondale. All Democrats, we nam and does now in Iraq is ignorance—igno- ber of years chairman of the House Com- talked politics and policy. It was a fas- rance of the cultures, histories and lan- mittee on Foreign Affairs and is now direc- cinating experience and I’ve just written to guages of those societies. tor of the Woodrow Wilson International President Obama to urge, respectfully, that I add that the tragedies of 9/11, Madrid, Center in Washington, D.C. he follow the same practice. London, Bali and Baghdad must bring home Moreover, Indiana’s junior Senator, Evan Indeed, because, as you may know, Presi- to us as Americans the imperative, as a mat- Bayh, has important assignments in foreign dent Obama will, in two weeks, give the com- ter of our national security, of learning more affairs through membership on four commit- mencement address at the University of about the world of Islam. tees—Armed Services, Intelligence, Banking, Notre Dame, in my old Congressional Dis- But it is not only for reasons of national and Energy and Natural Resources. Preparing for my visit with you today, I trict, I hope, as I plan to be there, to review security that we must learn more about had a good conversation with Harriet Mayor my suggestion with him then. countries and cultures other than our own. Beyond serving as Whip, I found my prin- Such knowledge is indispensable, too, to Fulbright, the widow of another distin- cipal responsibility in Congress was on the America’s economic strength and competi- guished Congressional leader in foreign af- Committee on Education and Labor of the tive position in the world. fairs, the late Senator J. William Fulbright. House of Representatives. There, for more The marketplace has now become global. Harriet told me about a forthcoming—No- than two decades, I helped write all the Fed- Modern technology—the Internet, for exam- vember 1 to 3—Global Symposium of Peace- eral laws then enacted to support schools, ple—has made communication and travel ful Nations. The purpose of the Symposium, to be held colleges and universities; libraries and muse- possible on a worldwide basis. In the last few in Washington, D.C., will be ‘‘to call atten- ums; education for handicapped children; the years, I myself have visited Spain, England, tion to the value of peace and the strategies National Endowments for the Arts and the Greece, Jordan, Morocco, Cuba, Kazakhstan, available to achieve a more peaceful world.’’ Humanities; Head Start; the War on Poverty; Japan, Turkey and Vietnam. The Symposium, to be sponsored by the Alli- the Drug and Alcohol Abuse Education Act; INTERNATIONAL STUDIES AT NYU ance for Peacebuilding and the J. William & the Environmental Education Act; and the Reflecting on my commitment to inter- Harriet Fulbright Center, will focus on meas- Pell Grants for aid to college students. national education, I can say that during my uring, defining and quantifying ‘‘peace’’, in INTERNATIONAL EDUCATION ACT presidency of NYU, my colleagues and I es- order, Mrs. Fulbright added, that countries But of particular interest, I trust, to Ro- tablished a Center for Japan-U.S. Business & can understand ‘‘the elements of peaceful- tarians is that I was also chief author of the Economic Studies, a Casa Italiana Zerilli- ness’’. When I told her I would be speaking to International Education Act of 1965, a meas- Marimo` , Onassis Center for Hellenic Studies, you today, Mrs. Fulbright strongly affirmed ure that authorized Federal grants to col- a Remarque Institute for the Study of Eu- the role that Rotarians can play in this ef- leges and universities to offer courses about rope, a Center for Dialogue with the Islamic fort to recognize and press for the achieve- other countries. World. And with a gift from a foundation es- ment of these elements for global peace. We This legislation is, in my view, directly in tablished by the late Jack Skirball, an can, she said, learn how countries are orga- harmony with the central mission of Rotary Evansville, Indiana rabbi, who went into the nized to find peace and we can stimulate the International. motion picture business and became very leadership to promote peace. For, as you Rotarians know better than I, successful, the Skirball Department of He- Clearly, business and the professions have the fundamental mission of Rotary, as it de- brew and Judaic Studies. a deep moral interest as well as business and scribes itself, is ‘‘to build world peace and NYU has also opened several campuses professional interests in building a world of understanding through its network of over abroad—in Madrid, Florence, Prague, Lon- peace. 1.2 million members in over 32,000 clubs in don, Paris and most recently, Dubai, Ghana I hope that Rotarians will pay attention to 200 countries and geographical areas.’’ and Shanghai. We have established an NYU the forthcoming Global Symposium because

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5810 CONGRESSIONAL RECORD — SENATE May 21, 2009 its mission is so much in harmony with the graphical areas with over 1.2 million busi- The United States must become a smarter stated goals of Rotary. For I remind you ness, professional and community leaders as power by once again investing in the global that among the objectives of Rotary is ‘‘the members. good—providing things people and govern- advancement of international understanding, I must also tell you that a few years ago ments in all quarters of the world want but goodwill and peace through a world fellow- (2006), I co-chaired the Subcommittee of the cannot attain in the absence of American ship of business and professional persons Committee for Economic Development (CED) leadership. By complementing U.S. military united in the ideal of service.’’ which produced a report entitled, Education and economic might with greater invest- Here are some specific suggestions for for Global Leadership: The Importance of ments in soft power, America can build the what Rotary Clubs and individual Rotarians International Studies and Foreign Language framework it needs to tackle tough global can do to achieve those objectives. Cer- Education for U.S. Economic and National challenges. tainly, Rotary should continue to support Security, and that our report made these You will not be surprised that among the current programs such as Polio Plus, Rotary recommendations: recommendations of the CSIS Commission Youth Exchange, for students in secondary 1. That international content be taught on Smart Power is greater investment in education, and the Rotary Foundation’s Am- across the curriculum and at all levels of education at every level. bassadorial Scholarships as well as Rotary learning, to expand American students’ The authors of the report assert: ‘‘Coun- Fellowships, which support graduate fellow- knowledge of other countries and cultures. tries with a higher proportion of 15-to-29 ships in other countries. 2. That we expand the training pipeline at year-olds relative to the adult population are more likely to descend into armed conflict. ROTARY WORLD PEACE FELLOWS every level of education to address the pau- city of Americans fluent in foreign lan- Education is the best hope of turning young I draw particular attention to a relatively guages, especially critical and less com- people away from violence and extremism. new initiative, the ‘‘Rotary Peace and Con- monly taught ones such as Arabic, Chinese, But hundreds of millions of children in the flict Resolution Program’’, which provides Japanese, Korean, Persian/Farsi, Russian developing world are not in school or else at- funds for graduate study in several univer- and Turkish. tend schools with inadequate teachers or fa- sities around the world. I note that Rotary 3. That national leaders—political, as well cilities.... An annual meeting could help World Peace Scholars are to complete two- as business, philanthropic and media—edu- increase the saliency of U.S. bilateral and year studies, at the Master’s level, in con- cate the public about the importance of im- multilateral efforts to increase education flict resolution, peace studies and inter- proving education in foreign languages and levels worldwide . . . national relations, and that only five years international studies. The report goes on to observe: ago, the Rotary World Peace Fellows Asso- You will not be surprised, in view of what ‘‘. . . [T]he number of U.S. college students ciation was established to encourage inter- I have already said, that to these rec- studying abroad as part of their college expe- action among scholars, Rotarians and the ommendations I say anew, ‘‘Amen!’’ rience has doubled over the last decade to public on issues related to peace studies. Indeed, only a few days ago, former Con- more than 200,000, though this still rep- ROTARY GRADUATE FELLOW, JOAN BRETON gressman Lee Hamilton, with whom I spoke resents slightly more than 1 percent of all CONNELLY about my visit with you today, observed that American undergraduates enrolled in public, Here let me cite an example with which I one aspect of the foreign policy of the United private and community institutions. One am familiar of the impact of a Rotary Fel- States that pays the highest dividend is our way to encourage U.S. citizen diplomacy is lowship. support for international exchanges. to strengthen America’s study abroad pro- In 1979, the Rotary Club of Toledo, Ohio CONGRESSMAN LEE HAMILTON grams at both the university and high school levels . . .’’ awarded Joan Breton Connelly a Rotary Lee Hamilton, as you know, one of the In addition to increasing the number of International Graduate Fellowship enabling most highly respected Members of Congress American students going abroad, the next her to spend a year of study in Athens, of our era, told me, ‘‘A foreigner who has administration should make it a priority to Greece. The fellowship supported her partici- studied in the United States will become an increase the number of international stu- pation in the American School of Classical ally.’’ Lee said that Rotary Clubs were one of dents coming to the United States for study Studies distinguished program in Classical the key groups with whom he met in Indiana and research and to better integrate them Archaeology. The generous terms of her fel- and added, ‘‘Rotary Clubs in Indiana are lowship allowed her to go to Athens three into campus life. movers and shakers, civic-minded leaders in America remains the world’s leading edu- months early for intensive language training their communities.’’ in modern Greek, an utterly transformative cation destination, with more than a half- Now you all know that I am a Democrat million international students in the coun- experience for Connelly. but speaking to you today, I am pleased to She has returned to Greece every one of try annually. recall the budget recommendation of Presi- We urge the next president of the United the 30 years that have followed, partici- dent Bush for Fiscal 2007 for programs to pating in and now, leading, archeological ex- States to make educational and institutional strengthen international and foreign lan- exchanges a higher priority . . . peditions. A Professor of Classics and Art guage study and to remind you that just four History at New York University, Connelly The American private sector also has a re- years ago, President Bush told a group of sponsibility to educate the next generation has taken hundreds of her own students to university presidents in the United States Cyprus where she has directed the Yeronisos of workers. The next president should chal- how important it was to strengthen the lenge the corporate sector to develop its own Island Excavation Field School for nineteen study of foreign languages, particularly Ara- summers. training and internship programs that could bic and other critical languages. help teach the skills that American workers Rotary International’s investment in the Here I echo the final sentence of the CED young Joan Connelly has certainly paid off. will need in the decades to come. The next Report of which I earlier spoke, ‘‘Our na- administration should consider a tax credit In 1996, she was awarded a MacArthur Foun- tional security and our economic prosperity dation ‘‘Genius’’ Award for pushing the for companies to make their in-house train- ultimately depend on how well we educate ing available to public schools and commu- boundaries of our understanding of Greek art today’s students to become tomorrow’s glob- and myth, reinterpreting the Parthenon nity colleges. al leaders.’’ The concluding paragraph of the report of frieze. She has become a leader in the preser- To that again I say, ‘‘Amen!’’ the CSIS Commission on Smart Power is vation of global cultural heritage, having CSIS COMMISSION ON SMART POWER also worth quoting here: ‘‘America has all served on the President’s Cultural Property the capacity to be a smart power. It has a so- Advisory Committee, U.S. Department of As I reflected further on my remarks cial culture of tolerance. It has wonderful State, since 2003. today, I recalled a most thoughtful report, In 2002, the Republic of Cyprus awarded Dr. issued a couple of years ago by the Center for universities and colleges. It is has an open Connelly a special citation for her leadership Strategic and International Studies (CSIS), and free political climate. It has a booming in the exploration and preservation of Cyp- entitled the CSIS Commission on Smart economy. And it has a legacy of idealism riot cultural heritage. Power. The report, produced by an impres- that channeled our enormous hard power in In 2000, she was granted honorary citizen- sive group of American leaders, co-chaired ways that the world accepted and wanted. ship by Municipality of Peyia, Republic of by Richard L. Armitage, former Deputy Sec- We can become a smart power again. It is the Cyprus, singling her out as the only Amer- retary of State and Assistant Secretary of most important mandate for our next presi- ican citizen to enjoy this status. Professor Defense for International Security Affairs, dent.’’ Connelly attributes all these successes to and Joseph S. Nye, Jr., distinguished service I think you can see from what I have told that first break, the Rotary International professor at Harvard, former dean of the you of the recommendations in this report Graduate Fellowship that so generously Kennedy School of Government there, and how closely they harmonize with the goals opened for her a new world and gave her, also former Assistant Secretary of Defense and mission of Rotary. through rigorous language training, the all- for International Security Affairs and the ROTARY CLUBS, ROTARIANS: PATHBUILDERS TO important gift of communication. chairman of the National Intelligence Coun- PEACE So I think that Rotary International, Ro- cil, and including such other figures as So I hope that individual Rotarians and tary Clubs and Rotarians are on the right former Supreme Court Justice Sandra Day Rotary Clubs will, wherever they are, among track! O’Connor, Senators Jack Reed and Chuck their other commitments, lend support to ef- Here I remind you that there are 33,000 Ro- Hagel and several prominent leaders of busi- forts, both private and public, to encour- tary Clubs in over 200 countries and geo- ness and industry, asserted: aging education about other countries and

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5811 cultures and in this way, in the language of are preparing a report to the President and There is simply no greater service Rotary International, ‘‘provide humani- Congress with recommendations for expand- and no braver act than a warrior will- tarian service, encourage high ethical standing international arts and cultural ex- ing to stand in the face of evil and self- ards in all vocations, and help build goodwill changes as part of a renewed strategy for lessly make the ultimate sacrifice. and peace in the world.’’ U.S. public diplomacy. In this way, Rotary Clubs and Rotarians To reiterate, in view of the commitment of We must never forget these brave can be pathbuilders to peace. Rotary ‘‘to encourage and foster the ideal of Americans and their actions which Now both because of the pressures of the humanitarian service’’ and ‘‘to help build have earned them a place in our hearts economic recession and the commitment of goodwill and civil peace in the world’’, I be- and their names on the role of honor Rotary International and, indeed, of our con- lieve it wholly fitting that Rotarians as indi- for this State and this Nation. ference in Indianapolis to ‘‘World Peace and viduals and Rotary Clubs as community or- This year we also pause to specifi- Understanding’’, I want to call to your atten- ganizations, wherever located, encourage and cally honor those Alaskans who have tion a development only several days ago support education about other countries and given the last full measure of devotion that I believe directly relevant to our discus- cultures. on the battlefield in defense of freedom sions. To conclude, as I reflected on what I might I could, of course, speak of President say to you today, I realized that such is the and democracy. We recognize them Obama’s stimulus plan with its several fea- role of the United States in the world today with the Alaska Decoration of Honor. tures designed to put more cash into the that challenges never cease. Alaska celebrates the 50th anniver- pockets of taxpayers, laid-off workers, and For example, in light of President Obama’s sary of its statehood this year. There first-time homebuyers as well as college stu- recent encounter with President Hugo will be hundreds of events and celebra- dents. But I want rather to take note of the Cha´ vez of Venezuela, we must ask where is tions to mark this anniversary, but one action only last month of Congress in voting, United States policy toward Cuba going? of the most important ones is this Given the recent attacks on American ves- by overwhelming bipartisan majorities, ap- weekend in Anchorage when every proval of the Serve America Act of 2009. This sels by Somali pirates operating off the coast legislation, co-sponsored by Senators Edward of Somalia, what is our appropriate re- Alaska soldier killed in action is pre- M. Kennedy, Democrat of Massachusetts, sponse? sented with the Alaska Decoration of and Orrin Hatch, Republican of Utah, would Then comes the controversy over the cor- Honor. by 2017 triple the number of participants in rect action—if any—to take with respect to I thank the families of these soldiers AmeriCorps, our major national service pro- Central Intelligence Agency interrogators for traveling to Alaska to be part of gram, and create a number of new volunteer who apparently tortured detainees during the ceremony, and again honor our cur- programs. AmeriCorps members work for ten the presidency of George W. Bush. rent service men and women on this And beyond these challenges in foreign pol- months to one year for a modest stipend, and Memorial Day. when they finish, get a grant for education. icy is, of course, the economic challenge here at home—the recession. That is the subject 2008 ALASKA DECORATION OF HONOR MEDAL JOHN BRADEMAS CENTER FOR THE STUDY OF for another speech and one I shall certainly RECIPIENTS CONGRESS not inflict on you today. Shawn G. Adams, Jesse Bryon Albrecht, Finally, I shall take advantage of this Clearly, as we look at the challenges our Christopher M. Alcozer, Eugene Henry Eli forum to say just a word about what is now country faces both at home and abroad, we Alex, Charles D. Allen, Carl Anderson Jr., my own major initiative in my capacity as can all agree that dealing with them requires Thomas Edward Andrson, Kurtis Dean president emeritus of New York University. the most knowledgeable and intelligent re- Kama-O-Apelila Arcala, Brian D. Ardron, Mi- It is the John Brademas Center for the Study sponses our country can make. And that’s chael Dean Banta, Edward Nasuesak Barr, of Congress, located in NYU’s Robert F. Wag- why I believe that the commitment of Rotar- Thomas M. Barr, Daniel D. Bartels, Richard ner Graduate School of Public Service. ians ‘‘to bring together business and profes- Gene Bauer, Ryan J. Baum, Shane R. Beck- For I think it is not as widely understood sional leaders to provide humanitarian server, Larry LeRoy Betts, Jeffrey Dean Bisson, as it should be that in our American separa- ice, encourage high ethical standards in all Alan R. Blohm, Jeremiah J. Boehmer. tion-of-powers constitutional system, Con- vocations, and help build goodwill and peace Matthew Charles Bohling, Matthew T. gress—the Senate and House of Representa- in the world’’ is still as valid, indeed, essen- Bolar, John G. Borbonus, Christopher Robert tives—the legislative branch of our national tial today as when I was one of the ‘‘High Brevard, James L. Bridges, David Dee Brown government, can be a source of national pol- School Boys’’ attending luncheons at the Jr., Charles Edward Brown, William F. icy as well as are the President of the United South Bend Rotary Club. Brown, Gary Edwin Bullock, Jaime L. Camp- States and members of the executive branch. Again, I count it an honor to have been in- bell, William Steven Childers, Johnathan I’ve earlier given you one example directly vited to address you and I wish you, my fel- Bryan Chism, Donald Georg Chmiel, Donald related to the commitment of Rotary, the low Hoosiers, all the best in the years ahead! V. Clark, Brad A. Clemmons, Adare William International Education Act. This measure f Cleveland, Ryan D. Collins, Clinton Arthur did not originate in the White House but on Cook, Jason Jarrard Corbett, Daniel Frank- Capitol Hill. ALASKA DECORATION OF HONOR lin Cox. It is, however, not easy for even informed CEREMONY Shawn R. Creighton, Eric B. Das, George Americans to understand the operation of W. Dauma Jr., Carletta S. Davis, David J. Congress. After all, there are 100 Senators Mr. BEGICH. Mr. President, it is my Davis, Michael W. Davis, Wilbert Davis, and 435 Representatives and we do not, cus- pleasure to rise today in honor of the Dustin R. Donica, William Bradley Duncan, tomarily, have the strict party discipline military men and women serving our Scott Douglas Dykman, William Albert commonly found in parliamentary democ- country across the country and over- Eaton, Michael Ignatius Edwards, Cody J. racies. seas. As Memorial Day approaches, I Eggleston, David Henry Elisovsky, Robert So how does Congress make policy? want to personally recognize the sac- Thomas Elliott III, Shawn Patrick Falter, Our Center sponsors lectures, symposia rifice these service men and women Sean Patrick Fennerty, David Lynn Ferry, and research on the ways in which the Con- Sean P. Fisher, Nick Ulysses Fleener. gress of the United States initiates and and their families are making for our Victor M. Fontanilla, Phillip Cody Ford, shapes national policy. Nation. Kraig D. Foyteck, Lucas Frantz, Grant B. A modest example: While in Congress I was In 233 years of American history, the Fraser, Jacob Noal Fritz, Charles F. Gamble chief author in the House of Representatives struggle for freedom has remained ever Jr., Brennan Chriss Gibson, Micah S. Gifford, of the Arts and Artifacts Indemnity Act of present. During this time, our Nation Dale Anthony Griffin, Howard Wayne 1975. This law enables museums, galleries, has surrendered its bravest men and Gulliksen, Daniel Lee Harmon, Dustin J. and universities to borrow art from abroad women to liberate the oppressed and to Harris, Raymond L. Henry, Irving Hernandez as well as lend parts of their collections to ensure freedom for future generations. Jr., Adam Herold, Patrick W. Herried, Ken- museums in other countries without paying In doing so, battle lines were drawn neth Hess, William Earl Hibpshman, Michael the prohibitive cost of private insurance. Thomas Hoke. The Federal Government, under this legisla- and blood was spilled on both U.S. and Jaron D. Holliday, Jerry Verne Horn, Mi- tion, indemnifies the works on loan. foreign soil. chael R. Hullender, Christian P. Humphreys, So, last January, we convened, at NYU, I am certain the dedicated service Kurt Int-Hout, Sam Ivey, Steven R. Jewell, under the auspices of the Brademas Center, a and sacrifice of our men and women Christopher C. Johnson, Jeremiah Jewel colloquium, which examined the impact of who met the challenges defined by Johnson, Wayne Elmer Jones, Alexander this legislation and ways to expand it. The those battle lines safeguarded the free- Jordon, Jason A. Karella, Adam P. Kennedy, session was led by former National Endow- dom and democracy we all cherish. In Gilbert Ketzler Jr., George Gregory Kilbuck, ment for the Arts Chairman Bill Ivey and Jeremiah C. Kinchen, Donald Harry Kito, brought together leaders from the museum, recognition of that fact, we pause each Howard Mark Koslosky, Russell A. Kurtz, foundation and performing arts worlds as year on Memorial Day to recognize and Kermit Harold La Belle Jr. well as scholars of arts and public policy and honor those who have given their all on Jason K. LaFleur, Mickey Daniel Lang, public officials. Based on our discussions, we the field of battle. Jason Lantieri, David Alen Lape, Michael H.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5812 CONGRESSIONAL RECORD — SENATE May 21, 2009 Lasky, Aaron Latimer, Robert Edward Lee, ment Health Assessment Act requires During his medical career, Dr. Henry W. Linck, James T. Lindsey, Norman that soldiers receive an assessment Burson pioneered a new health care fa- Lewis Lingley, Joseph I. Love-Fowler, Jer- from personnel trained to conduct such cility with outpatient surgery in Villa emy M. Loveless, Bryan C. Luckey, Bradley screenings before they deploy. That Rica, GA, that served as the forerunner W. Marshall, Thomas M. Martin, Brian for a new Villa Rica hospital with McElroy, Jackie L. McFarlane Jr., Patrick way, the screening personnel has a ref- M. McInerney, Jacob Gerald McMillan, Phil- erence point and can monitor the sol- multiclinic services. lip David McNeill. dier’s progress and any serious changes Later, he led and personally funded Benjamin E. Mejia, Jacob Eugene Melson, that may have occurred during the sol- college students to visit various World Kenneth Bruce Millhouse, Johnathon Miles dier’s deployment. The Post Deploy- War II historical sites including an ex- Millican, Robert J. Montgomery, Trista L. ment Health Assessment Act also re- tended tour of Normandy and related Moretti, Christopher R. Morningstar, Shawn quires soldiers to receive mental battlefields in order to educate Amer- Matthew Murphy, Jason L. Norton, Toby health assessments every six months ica’s youth about American history, es- Richard Olsen, Warren Paulsen, Joshua M. for two years after they return from pecially the military. I would like to Pearce, Coty J. Phelps, William Francis yield to my friend, Senator ISAKSON for Piaskowski, Heath K. Pickard, Larry Joe combat. The periodic assessments allow health personnel to monitor a further remarks. Plett, David Shelton Prentice, Cody A. Mr. ISAKSON. Mr. President, I thank Putman, Lloyd Steven Rainey, Daniel F. soldier’s adjustment from the combat Reyes. zone back into normal society. By pro- the Senator for yielding and also rise Stanley B. Reynolds, Andrew William Rice viding the mental health screening pro- in recognition of Lieutenant Colonel Jr., Floyd Whitley Richardson, Norman gram called for in the Post Deployment Burson and his incredible life story. Franklin Ridley, Michelle R. Ring, Timothy Health Assessment Act, we will give Lieutenant Colonel Burson volunteered J. Roark, Donald Robert Robison, Jessy S. the Defense Department an effective for reserve duty in Operation Iraqi Rogers, Jonathan Rojas, Donald Ray Sand- system for diagnosing the unseen scars Freedom and Operation Enduring Free- ers, Daniel R. Sexton, Frederick M. dom at the age of 70 in order to relieve Simeonoff, Nicholas R. Sowinski, Donald that are so prevalent amongst our combat veterans. active-duty doctors so they could carry Walter Sperl, Clifford A. Spohn III, Lance out other duties. To this end, he Craig Springer II, Derek T. Stenroos, Joseph The program proposed by this bill is A. Strong, Stephen Sutherland, William Ar- based on a pilot program developed by searched nationwide for military units thur Thompson. the Montana National Guard. When I in need of a medical doctor and even Douglas L. Tinsley, Chester William heard about it, the program made a delayed the celebration of his 50th wed- Troxel, Colby J. Umbrell, Joe Wayne great deal of sense to me. That unit ding anniversary for his upcoming de- Vanderpool, John S. Vaughan, Dustin S. has improved the mental health care ployment with the medical unit of the Wakeman, Mark A. Wall, William Francis its servicemembers receive, and it Indiana National Guard. Walters, Shannon Weaver, Mason Douglas seems natural to implement such a Lieutenant Colonel Burson was as- Whetstone, Arthur Joseph Whitney Jr., program to benefit all of our warriors signed as medical officer for the U.S. Jamie Duggan Wilson, Daniel Eugene Embassy in Iraq from November 2005 to Woodcock, Shane William Woods, James R. and veterans. Worster, David Reese Young Jr. Since the beginning of the wars in March 2006 and served as one of the Iraq and Afghanistan, Congress has doctors overseeing treatment of former f acted to protect the physical health of Iraqi President Saddam Hussein. Dur- POST-DEPLOYMENT HEALTH the soldiers on the front lines. Con- ing this time, he was part of the team ASSESSMENT ACT OF 2009 gress responded to the needs of our that successfully convinced Hussein to Mr. JOHANNS. Mr. President, I rise fighting men and women by funding end his hunger strike. He did this while today to offer my support for the Post- more body armor and reinforced vehi- also performing surgery and treating Deployment Health Assessment Act of cles. Now, we must do more to protect patients at a nearby trauma/emergency 2009. I am pleased to join my colleague, the mental health of our war fighters care unit. Lieutenant Colonel Burson the senior Senator from Montana, in by giving them the access to mental was 71 by the time he completed this cosponsoring this important legisla- health screenings that can help them deployment. At such a point in life, many men tion. get ahead of debilitating depression and women are well into their retire- The Post Deployment Health Assess- and other disorders that result from in- ments. However, after his first deployment Act requires the Defense Depart- tense combat experiences. ment to Iraq, Lieutenant Colonel ment to increase mandatory mental Finally, I point out that my col- Burson instead renewed his search for a health screenings for military per- leagues need look no further for sup- combat arms unit in need of a doctor sonnel who deploy to combat. This leg- port than to the veterans whom this during the 2007 troop surge in Iraq. He islation is important and necessary be- bill will help. It has been endorsed by groups representing our brave warriors served an additional deployment with cause of the alarming increase in com- an Army Reserve military police bat- bat-related psychological injuries suf- such as the Iraq and Afghanistan Vet- erans of America, the Veterans of For- talion from Raleigh, NC, from August fered by our soldiers overseas. 2007 to November 2007 at age 73. A RAND study in 2008 concludes that eign Wars, the National Guard Associa- tion, and the Enlisted Association of Today, as we stand before you on this nearly 20 percent of Iraq and Afghani- floor, this extraordinary American will stan veterans suffer from Post Trau- the National Guard. I urge my colleagues to support the have just returned home after his third matic Stress Disorder or depression. Post-Deployment Health Assessment combat deployment. At 75 years of age, That is nearly 300,000 returning Amer- Act of 2009, and I look forward to its he has just completed another full ican servicemembers. It also finds that swift passage so that our soldiers and tour, this time in Afghanistan. rates of marital stress, substance veterans can get the treatment and MR. CHAMBLISS. Mr. President, I abuse, and suicide are all increasing. protection they need. thank the Senator for his kind observa- According to a report released earlier tions regarding Dr. Burson’s service. f this year, the Army’s suicide rate hit a Lieutenant Colonel Burson illustrates record high last year, putting the sui- TRIBUTE TO LTC JOHN H. BURSON the selflessness, commitment to excel- cide-per-capita rate higher than the na- III, MD lence, and courage that exemplifies tional population. In the first three Mr. CHAMBLISS. Mr. President, I American character. We applaud the months of this year, there have already rise today to recognize the selfless altruistic manner with which he has been 56 reported suicides in the Army. commitment to the U.S. Army Reserve undertaken and completed each mis- If that rate is maintained for the rest and to this Nation, of a true American sion. Three combat tours can wear on of this year, we will have another un- patriot, LTC John H. Burson III, MD. the best of men, but Lieutenant Colo- fortunate, record-breaking year for Lieutenant Colonel Burson is a cit- nel Burson has met these challenges military suicides. izen of Carrollton, GA, and earned his head on and succeeded. As long as this Soldiers returning from deployment bachelor’s, medical, doctor of philos- great Nation has men like Colonel are already required to receive an in- ophy and doctor of medicine degrees Burson, who hold true to the values person mental health assessment when from the Georgia Institute of Tech- that reveal the best in us, we will re- they return home. The Post Deploy- nology and Emory University. main a world leader.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5813 ADDITIONAL STATEMENTS and by his grandchildren, Michael and Caro- on to become an economic adviser to lyn. David was a true Alaskan and will be Michigan Governor George Romney, missed.∑ and later joined President Gerald REMEMBERING DAVID D. RASLEY f Ford’s Administration as the Assistant ∑ Mr. BEGICH. Mr. President, I pay REMEMBERING L. WILLIAM to the President for Economic Affairs. tribute to a Mr. David D. Rasley, Sr., SEIDMAN In the early 1980s, he returned to aca- demia as dean of Arizona State Univer- who passed away on May 8, 2009. Mr. ∑ Mr. BOND. Mr. President, today I Rasley was a 50-year resident of Alas- sity’s College of Business. pay tribute to the life of Bill Seidman These are just a few of the many ka. Working in the construction field, who passed away last week. he was highly regarded in the Fair- things Americans may not know about Bill was a man whose love for his Bill Seidman—and he accomplished all banks labor community. He also gave country was matched only by his love tirelessly to community causes before of this before becoming Chairman of for his family. Bill’s life is heavily the FDIC, establishing the RTC, and and after his retirement. Dave was marked with numerous accomplish- very proud of his Army service. brilliantly guiding America out of the ments in both his personal and profes- economic wilderness—the role which I have included his obituary below sional lives that had a profound impact and ask that it be printed in the brought him fame. on many individuals and families who But with all he had accomplished, RECORD. Interior Alaskans mourn the knew him and on those who never loss of Dave Rasley and join in offering Bill never stopped to rest. He went on knew him. to author two books, ‘‘Productivity— condolences to his wife of nearly 58 To many of my Senate colleagues, years, Luella, sons David, Ron and The American Advantage,’’ with Ste- Bill will be most remembered as the ven Shancke, and ‘‘Full Faith and Brian and his grandchildren, Michael man who rescued our economy during and Carolyn. Credit,’’ a memoir of his time at the the Savings and Loan Crisis in the late FDIC and his role in establishing and The information follows: 1980’s. As the Chairman of the Federal David Dale Rasley Sr. died May 8, 2009, running the RTC. President Gerald Deposit Insurance Corporation, FDIC, Ford hailed ‘‘Full Faith and Credit’’ as after a long battle with cancer. and head of the Resolution Trust Cor- He was born on December 2, 1928, in Deer ‘‘a fascinating story by a straight talk- River, MN. Dave lived in Fairbanks for more poration, RTC, he faced down a na- er. The author dramatically tells how than 50 years and came to Alaska for good in tional economic crisis, the likes of the Federal agencies sought to con- 1959 shortly after statehood. which had not been seen since the front the challenge of the banking and Dave had come first to Alaska in 1948 with Great Depression, and fundamentally S&L crisis.’’ some family and friends to work on post- changed the way the government dealt In recent years, already well into his World War II projects in Anchorage, Kodiak with failing banks. eighties, Bill stayed as active as ever, and Fairbanks. He returned to Minnesota In that time of fear and deep eco- working as CNBC’s chief commentator, and was drafted into the Army in 1950. nomic uncertainty, Bill stood out as Dave married his wife, Luella, June 7, 1951, regularly contributing opinion pieces in Port Townsend, WA, while he was in the the leader who stood on principle, to major newspapers, serving on nu- Army. He loved Luella very much, and they talked straight, and told it like it was. merous boards, and advising top offi- were married for almost 58 years. He was It did not always make him popular cials—and me—on the current eco- proud of his military service and was sta- and angered those who wanted him to nomic crisis. tioned at Camp Desert Rock, NV, and par- ‘‘toe the line.’’ However, it earned him In his most recent piece, published by ticipated in at least three atomic bomb tests the trust, respect, and credibility of the Wall Street Journal on May 8, he during the early 1950s. His unit helped build policymakers, government officials, fi- addressed the staffing and management some of the test facilities and participated in nancial industry officials, and millions what are now known to be dangerous post challenges now confronting the FDIC. blast tests. of citizens all across America. In it, he drew parallels between the Shortly after moving to Alaska in 1959, he But there was more to Bill than his hurdles that current Chairman Sheila worked on the Cold War DEW line installa- public service achievements. His ac- Bair faces and the obstacles he faced in tions at Barter Island and Clear Air Force complishments were so numerous—and getting the FDIC and the new RTC Station. In 1961 he was diagnosed with myas- his humility so great—that many of properly ‘‘staffed up’’ to deal with the thenia gravis, a rare neuromuscular disease them went unnoticed. He served his S&L crisis nearly two decades ago. and was told he might not survive long, or country during World War II and re- Bill wrote ‘‘The Resolution Trust would be wheelchair-bound. He underwent ceived the Bronze Star for his service experimental surgery at the University of Corporation had to handle the assets Washington and with medication was able to as a communications officer on a de- from failed institutions when I ran it function normally. stroyer while serving in the invasion of in the aftermath of the savings and He began classes at the University of Alas- the Philippines, Iwo Jima, and Oki- loan crisis of 1985–1992. The RTC experi- ka Fairbanks and graduated with a bachelor nawa. He spoke very little about his ence provides a useful guide for what of science degree in business in 1966. He service during the war, like many of the FDIC has to do now.’’ Amen. worked in the construction industry for two his great generation. With the country again facing the years, then took a job with the Operating Bill earned degrees from some of the same fear and uncertainty that Bill Engineers Union Local 302 as a field agent. finest institutions in the Nation—his He eventually became the head agent for the saw during his tenure at the FDIC, he northern region of the state and was in- undergraduate degree from Dartmouth, provided what few others could: a bril- volved in the trans-Alaska oil pipeline and a law degree from Harvard, and an liant and straightforward voice with related work contract agreements for IUOE MBA from the University of Michigan. years of experience, wisdom, and un- Local 302 until his retirement in 1989. Bill was born in Grand Rapids, MI, questionable integrity. The loss of his Dave was also proud of his 32 years of work where he maintained strong roots voice simply cannot be replaced. as a board member of the Fairbanks Memo- throughout his life. He began his career But perhaps what was most remark- rial Hospital and a past president of the there at his family’s accounting firm, able about Bill is that for all of his board. He was involved in FMH projects such Seidman and Seidman, and became a as the Denali Center, Imaging Center, Cancer brilliance, myriad accomplishments Treatment Center and several general hos- respected member of the local business and worldwide recognition, there was a pital expansions. community. But his greatest contribu- deep humility and kindness about Bill Dave and Luella were big sports fans sup- tion to Grand Rapids was his role as a that was evident the moment you met porting UAF hockey, men and women’s bas- principal founder of Grand Valley him. Although he had the ears of presi- ketball, volleyball, and other UAF activities. State University in 1960. He was named dents and the respect of the elite, he They were fixtures and season ticket holders the first honorary life member of famously rode his bike to work. When for Gold Kings, Ice Dogs, UAF hockey teams Grand Valley’s board, and the univer- asked about his accomplishments at and Fairbanks Goldpanners baseball team. sity’s Seidman College of Business is Dave was a Goldpanner board member for the FDIC in a 1991 interview, he dis- many years and was not afraid to get in- named after his father. missed them as ‘‘primarily luck.’’ But volved when a volunteer was needed. In 1962, Bill ran unsuccessfully to be everyone knew better. David is survived by his wife, Luella; sons, Michigan’s State auditor general—his The passing of Bill Seidman is a loss David Jr. (Beverly), Ron (Stephanie), Brian; only attempt at elected office. He went for all of America. He dedicated his life

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5814 CONGRESSIONAL RECORD — SENATE May 21, 2009 to his country and his family, and we For the past 25 years, Brian O’Neill Firefighters are often called upon to are eternally grateful. I will especially served as the superintendent of the protect our communities while putting miss Bill as he and I met in my office Golden Gate National Recreation Area, themselves in grave danger. This is cer- just 2 months ago to talk about the GGNRA. Comprised of over 76,000 acres tainly the case when reflecting on the RTC and how we could apply those les- in Marin, San Mateo, and San Fran- efforts of Firefighter Robert Lopez, sons to our current financial and eco- cisco counties, GGNRA is one of the Captain Ron Topolinski, and Captain nomic crisis. I appreciated his wisdom, largest urban parks in the country. Brian Bulger from the Ventura County guidance, generosity, and the kindness GGNRA hosts over 16 million visitors Fire Department. Firefighter Lopez and respect he paid to me. annually and is home to 1, 250 historic and Captain Topolinski were assigned It is my deepest hope that we can all buildings, or 7 percent of all designated to structure protection when their po- learn from Bill, in not just his exper- historic structures in the country. sition was overrun by a fast-moving tise on addressing the current financial With ever-growing expertise, Brian led wall of fire. Firefighter Lopez and Cap- crisis, but also in the way he treated GGNRA’s 347 NPS employees and 8,000 tain Topolinski utilized their combined others with kindness, humility, hon- volunteers. 40-years of firefighting experience to esty, and passion. Brian had a special skill for con- survive the initial fire blast and call Our hearts and prayers go out to his necting people with parks. He under- for help. Captain Brian Bulger re- wife Sally, his six children, his many stood that in order to garner lasting sponded to the emergency call and grandchildren and great grandchildren, support for parks, community members risked his own life to ensure the safety and to all of his family. I will truly must be personally invested and in- of his fellow firefighters. Although all miss him. volved every step of the way. Brian’s three firefighters suffered injuries due It has been my honor today to offer can-do attitude enabled him to create to fire and toxic smoke exposure, all this commemoration on the incredible fruitful partnerships with business three survived and are now on their life of Bill Seidman, and to salute this leaders, philanthropists, and commu- way toward recovery. An additional 27 great American.∑ nity leaders. He consistently proved firefighters were injured during this f skeptics wrong, as he raised more and event. REMEMBERING BRIAN O’NEILL more money to create additional park- I want to give special thanks to the lands. NPS recognized Brian’s natural ∑ more than 4,000 Federal, State, local, Mrs. BOXER.: Mr. President, it is aptitude for building partnerships— with a very heavy heart that I ask my fire protection district, and volunteer when NPS created a new assistant di- firefighters who have put their lives on colleagues to join me today in hon- rector position focused on creating re- oring the memory of an extraordinary the line to fight this fire. Their cour- lationships with outside entities, Brian age and swift action during this recent National Park Service, NPS, leader, was asked to serve in this role for the Brian O’Neill. Brian was a legendary wildfire has been truly heroic. They first year of its existence. have risked their health and well-being conservationist and community builder I had the great pleasure of knowing for the benefit of our communities, and whose legacy will serve as a source of Brian for many years, and will always inspiration for decades to come. Brian we are grateful. remember his bright smile and cheerful I invite all of my colleagues to join passed away on May 13, 2009. He was 67 optimism. Brian’s warmth drew people me in commending all men and women years old. to him—he was always surrounded by a firefighters who risk their lives to pro- Brian was born in Washington, DC, in rich circle of friends and colleagues of tect our own.∑ 1942, where he lived for the first 27 all ages. Though he will be deeply years of his life. During his early years, missed, Brian has left us with the f Brian’s family often took camping and priceless and timeless gifts of the parks TRIBUTE TO JANE HAGEDORN road trips to many of our National he helped to build. Thanks in great ∑ Parks. It was on these trips that Brian Mrs. BOXER. Mr. President, I am part to Brian, GGNRA provides its visi- pleased to recognize the career and first began to bond with the Great tors with endless opportunities for ex- West that would eventually become his contributions of Breathe California of ploration, education, and getting in Sacramento-Emigrant Trails, Inc., home. The deep love and respect for na- touch with life’s deepest purpose and ture that Brian fostered in his youth chief executive officer, Jane Hagedorn, most rewarding opportunities. for her 36 years of service to promoting continued to motivate his professional Brian has no doubt left an indelible clean air and preventing lung and air life and nurture his personal life for mark on our hearts, minds, and the bay pollution-related diseases. the remainder of his years. area’s natural treasures. He was an in- Brian never kept his love of the out- Jane Hagedorn began her affiliation spiring and wonderful man. For those with The American Lung Association of-doors to himself. From the begin- of us who were fortunate to know him, of Sacramento-Emigrant Trails—later ning, he recognized the importance of we take comfort in knowing that hun- becoming Breathe California of Sac- sharing his enthusiasm for all things dreds of thousands of park visitors will ramento-Emigrant Trails—as a volun- wild with his family, friends, and espe- continue to benefit from Brian’s vision teer in 1973. During her 3 years as a vol- cially with young people. As a fresh- and determination for generations to unteer, she served as president of the man at the University of Maryland, come. Brian and his twin brother Alan Brian is survived by his mother board and then became executive direc- worked with their mother Mimi to es- Mimi, twin brother Alan, wife Marti, tor in 1976. tablish a nonprofit organization that daughter Kim, son Brent, daughter-in Under Jane Hagedorn’s leadership, provided urban children with opportu- law Anne, and three grandchildren— Breathe California of Sacramento-Emi- nities to visit national parks. Justin, Kieran and Sean.∑ grant Trails, Inc. lead the fight to sub- Brian began his career in Govern- stantially reduce smoking and devel- f ment service in 1965, when he was hired oped ‘‘Thumbs Up! Thumbs Down!’’ a by what was then the Bureau of Out- JESUSITA WILDFIRE nationally recognized tobacco research door Recreation, BOR. As Deputy Di- FIREFIGHTERS program developed to reduce the nega- rector of BOR’s Office of Urban Park ∑ Mrs. BOXER. Mr. President, today I tive influence of tobacco use in film. Studies, Brian was a crucial part of the ask my colleagues to join me in hon- Ms. Hagedorn also led Breathe Califor- team that persuaded President Nixon oring the brave men and women fire- nia’s collaboration with the Sac- to support legislation establishing two fighters who worked tirelessly to pro- ramento Metropolitan Chamber of major urban parks: Golden Gate in San tect the residents of Santa Barbara Commerce to create the Cleaner Air Francisco and Gateway in New York County from the recent Jesusita wild- Partnership, which brings elected offi- City. Brian was also instrumental in fire. cials, business leaders and nonprofit or- the inclusion of 2,000 miles of rivers on The Jesusita wildfire has burned ganizations together to collaborate on California’s north coast in the national nearly 10,000 acres, destroyed and dam- clean air initiatives for the Capital Re- scenic rivers system during the final aged dozens of homes, and at one point gion. She was also a leader in bringing days of President Carter’s administra- forced the evacuation of more than light rail transit service to Sacramento tion. 30,000 local residents. to provide an environmentally friendly

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He Ms. Hagedorn’s dedication to her Harry’s now famous call of the final constantly pushed forward, never con- community and California has also out of the 2008 series will forever ring tent, as one colleague said, to rest on been demonstrated by her participation in the minds of fans and players alike. the laurels of Drexel’s gains, ‘‘however on the boards of many government and The Phillies have taken appropriate meteoric.’’ Government officials, busi- nonprofit organizations in the region steps to honor Harry’s memory for the ness and community leaders, and ordi- such as, the Tahoe Regional Planning rest of the season. Most notably, Har- nary citizens should be inspired by Agency, the Arden Park and Recre- ry’s signature ‘‘Outta Here’’ will be Taki’s relentless drive toward improv- ation District, Friends of Light Rail, played over the PA system each time a ing our communities by strengthening and the Planning and Conservation Phillies’ player hits a home run. Thou- our civic institutions and engaging in League. sands of fans paid their respects to public life. As her family, friends and the com- Harry during a moving ceremony at Taki’s last year was emblematic of munity gather to celebrate her retire- Citizens Bank Park last Saturday. The how he lived the rest of his life. His en- ment, I congratulate and thank Jane tributes across Major League Baseball ergy and charisma never waned, as he Hagedorn for her work to maintain are fitting for a man of Harry’s stat- conducted business from his hospital clean air for our future generations.∑ ure. bed, his office, and in board meetings. f Harry was not only a great broad- He had so much to work to finish, caster, he was a great man. I person- which is remarkable for an individual REMEMBERING HARRY KALAS ally will always remember Harry’s who had already achieved so much. He AND CONSTANTINE PAPADAKIS faithful attendance and participation has been described as ‘‘larger than life ∑ Mr. CASEY. Mr. President, the city in the annual Veterans Day parade and and taken from us too young,’’ which is of Philadelphia lost two of its favorite ceremony in Media, PA. He loved the undoubtedly true. I extend my deepest sons recently. We are all saddened by city of Philadelphia, and it loved him condolences to his wife of 39 years, the passing of longtime Philadelphia back. Eliana, and his daughter Maria and Phillies broadcaster Harry Kalas and No matter the score, Harry’s passion hope they will take some comfort in the loss of Drexel University president for the game and unique voice kept the the fact that Taki not only built a Constantine Papadakis. It has been a fans captivated for all nine innings. He well-respected academic institution sad time in Philadelphia with the loss made the tough seasons easier and the but also made a city believe in what of these two great pillars of the com- good years even better. To say he will could be accomplished through hard munity, and I wish today to honor be missed is an understatement. His is work, devotion, and passion.∑ their memory. the voice that Phillies fans will forever f Harry Kalas was the voice of the associate with baseball. My deepest TRIBUTE TO CHUCK MACK Philadelphia Phillies for four decades. condolences go out to Harry’s family ∑ His signature calls of ‘‘Outta Here’’ fol- and the Philadelphia Phillies. Mrs. FEINSTEIN. Mr. President, lowing a Phillies’ home run and I also wish to honor the life of Con- today I commend Chuck Mack for his ‘‘Struck hiimm out’’ following a stantine Papadakis—known as contributions to the labor movement strikeout became fixtures on Phillies’ ‘‘Taki’’—the longtime president of in California and his remarkable 47 broadcasts. Born in Chicago, Harry Drexel University in Philadelphia, PA, years as a Teamster. Chuck began his career as a Team- grew up the son of a minster in who passed away recently after a long ster in 1962 and has spent every year Naperville, IL. He began his broad- and brave battle with lung cancer. casting career in Hawaii and eventu- Taki was a creative and dynamic since working on behalf of his fellow union members, organizing and ensur- ally moved to Houston, where he leader at Drexel University for 14 ing fair treatment and benefits for all. broadcasted Astros games from 1965 to years. He was described by one of his First elected to a representative posi- colleagues as identifying himself com- 1970. The Phillies were the Astros’ option in 1966, he worked as a business pletely with the university—‘‘there ponent in his first game as a Major agent until 1971 when he briefly moved was no Taki that wasn’t connected to League broadcaster. to Sacramento to lobby the legislature Harry signed up as the Phillies play- Drexel.’’ His devotion to Drexel meant as part of the Teamsters Public Affairs by-play announcer in 1971. He quickly that for him, it was not enough to sim- Council. became a popular figure in Philadel- ply preside over the institution. In- Returning to the East Bay in 1971, phia. Together with Richie Ashburn, stead, he threw himself into building, Chuck successfully ran for the position the Phillies’ Hall of Fame outfielder, expanding, and extending Drexel’s of secretary-treasurer of Local 70, a po- whom Harry worked with from 1971 reach, both its academic prowess and sition he has maintained ever since, until Asburn’s passing in 1997, the pair its role in the community of Philadel- which represents 5,000 members in Ala- formed a memorable team built upon phia. Enrollment grew by more than meda County. what the Philadelphia Inquirer re- 130 percent. Freshman applications in- He was elected to the joint council in cently described as ‘‘a special rapport creased by nearly 700 percent. Research 1972, and became president of the coun- in the broadcast booth that won over funding went from $15 million to more cil, which represents 55,000 members in the fans’ hearts.’’ than $100 million in each of the last San Francisco, in 1982. In 1996, Chuck Fans, players, and sports writers three years. The size of the faculty was elected western region vice presi- have recounted over the past week just doubled and the university is now the dent. And, in 2003, he was appointed di- how deeply Harry was loved. One of the seventh largest private employer in the rector of the Teamsters Port Division. most poignant examples of just how be- city of Philadelphia. During Taki’s ten- Chuck’s responsibilities and leader- loved Harry was came after the 1980 ure, Drexel added both a law school and ship roles have steadily increased over World Series between the Phillies and a medical school. Most recently, he the last four decades. the Kansas City Royals. Not a lot of spearheaded the effort to acquire a I know him to be a passionate, people know that Harry was not per- campus in Sacramento, CA. thoughtful, and committed advocate mitted to call the Phillies’ World Se- Through the sheer force of his per- for all workers. ries victory over the Royals due to a sonality and his vision, Taki also Whether through his efforts to pro- Major League Baseball rule in place at brought renewed hope and optimism to tect the environment in port commu- the time that prevented local broad- Philadelphia’s leaders and citizens. He nities or preserve wages and benefits casts of World Series games. The out- established a leading role for Drexel in for truck drivers, Chuck Mack has al- cry from fans of baseball everywhere, regional economic development, reach- ways put the needs of his fellow Team- particularly in Philadelphia, was so vo- ing out to business, academic, and sters first. ciferous that Major League Baseball community leaders to show what could Chuck will be stepping down from his changed its rules. As a result, fans be done by investing in growth. He Teamsters positions at Local 70, Joint were treated to Harry’s call of the knew that a university is not an iso- Council 7, and the International Union Phillies’ appearances in the 1983 and lated institution but a member of a at the end of this month.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5816 CONGRESSIONAL RECORD — SENATE May 21, 2009 Chuck is now moving on to another stating the views of the Commission nuclear-weapon State in the Middle significant challenge as he becomes co- are also enclosed. East in a peaceful nuclear cooperation chair of the Western Conference of The proposed Agreement has been ne- agreement. The Agreement also pro- Teamsters Pension Trust. gotiated in accordance with the Act vides, for the first time in a U.S. agree- I wish him the very best in this new and other applicable law. In my judgment for peaceful nuclear cooperation, endeavor and offer my heartfelt and ment, it meets all applicable statutory that prior to U.S. licensing of exports sincere congratulations for a job well requirements and will advance the non- of nuclear material, equipment, compo- done representing Teamsters in the bay proliferation and other foreign policy nents, or technology pursuant to the area and across northern California for interests of the United States. Agreement, the UAE shall bring into the last four decades.∑ The Agreement provides a com- force the Additional Protocol to its prehensive framework for peaceful nu- safeguards agreement. f clear cooperation with the United Arab MESSAGES FROM THE PRESIDENT Emirates (UAE) based on a mutual The UAE is a non-nuclear-weapon State party to the Treaty on the Non- Messages from the President of the commitment to nuclear nonprolifera- Proliferation of Nuclear Weapons United States were communicated to tion. The United States and the UAE (NPT). The United States is a nuclear- the Senate by Mrs. Neiman, one of his are entering into it in the context of a weapon State party to the NPT. Arti- secretaries. stated intention by the UAE to rely on existing international markets for nu- cle 12 of the proposed Agreement pro- f clear fuel services as an alternative to vides that the Agreement shall not be EXECUTIVE MESSAGES REFERRED the pursuit of enrichment and reproc- interpreted as affecting the inalienable essing. Article 7 will transform this rights of the United States and the As in executive session the Presiding UAE under the NPT. A more detailed Officer laid before the Senate messages UAE policy into a legally binding obligation from the UAE to the United discussion of the UAE’s intended civil from the President of the United nuclear program and its nonprolifera- States submitting sundry nominations States upon entry into force of the Agreement. Article 13 provides, inter tion policies and practices is provided which were referred to the appropriate in the NPAS and in a classified Annex committees. alia, that if the UAE at any time following entry into force of the Agree- to the NPAS to be submitted to the (The nominations received today are Congress separately. printed at the end of the Senate pro- ment materially violates Article 7, the ceedings.) United States will have a right to cease The Agreed Minute to the Agreement further cooperation under the Agree- provides U.S. prior approval for re- f ment, require the return of items sub- transfers by the UAE of irradiated nu- REPORT RELATIVE TO A PRO- ject to the Agreement, and terminate clear material subject to the Agree- POSED AGREEMENT FOR CO- the Agreement by giving 90 days writ- ment to France and the United King- OPERATION BETWEEN THE GOV- ten notice. In view of these and other dom, if consistent with their respective ERNMENT OF THE UNITED nonproliferation features, the Agree- policies, laws, and regulations, for stor- STATES OF AMERICA AND THE ment has the potential to serve as a age or reprocessing subject to specified GOVERNMENT OF THE UNITED model for other countries in the region conditions, including that prior agree- ARAB EMIRATES CONCERNING that wish to pursue responsible nuclear ment between the United States and PEACEFUL USES OF NUCLEAR energy development. the UAE is required for the transfer of ENERGY—PM 21 The Agreement has a term of 30 years any special fissionable material recov- and permits the transfer of technology, The PRESIDING OFFICER laid be- ered from any such reprocessing to the material, equipment (including reac- fore the Senate the following message UAE. The transferred material would tors), and components for nuclear re- from the President of the United also have to be held within the Euro- search and nuclear power production. States, together with an accompanying pean Atomic Energy Community sub- It does not permit transfers of Re- report; which was referred to the Com- ject to the Agreement for Cooperation stricted Data, sensitive nuclear tech- mittee on Foreign Relations: in the Peaceful Uses of Nuclear Energy nology, sensitive nuclear facilities, or Between the United States of America To the Congress of the United States: major critical components of such fa- and the European Atomic Energy Com- I am pleased to transmit to the Con- cilities. In the event of termination of munity (EURATOM). gress, pursuant to sections 123 b. and the Agreement, key nonproliferation 123 d. of the Atomic Energy Act of 1954, conditions and controls continue with In view of the fact that this consent as amended (42 U.S.C. 2153(b), (d)) (the respect to material, equipment, and would constitute a subsequent arrange- ‘‘Act’’), the text of a proposed Agree- components subject to the Agreement. ment under the Act if agreed sepa- ment for Cooperation Between the Gov- In addition to the UAE’s obligation rately from the proposed Agreement, ernment of the United States of Amer- to forgo enrichment and reprocessing— the Secretary of State and the Sec- ica and the Government of the United the first instance of such an obligation retary of Energy have ensured that the Arab Emirates Concerning Peaceful on the part of a U.S. cooperating part- advance approval provisions meet the Uses of Nuclear Energy. I am also ner in an agreement of this type—the applicable requirements of section 131 pleased to transmit my written ap- Agreement contains certain additional of the Act. Specifically, they have con- proval, authorization, and determina- nonproliferation features not typically cluded that the U.S. advance approval tion concerning the Agreement, and an found in such agreements. These are for retransfer of nuclear material for unclassified Nuclear Proliferation As- modeled on similar provisions in the reprocessing or storage contained in sessment Statement (NPAS) con- 1981 United States-Egypt Agreement the Agreed Minute to the proposed cerning the Agreement. (In accordance for Peaceful Nuclear Cooperation and Agreement is not inimical to the com- with section 123 of the Act, as amended include (a) a right of the United States mon defense and security. An analysis by Title XII of the Foreign Affairs Re- to require the removal of special fis- of the advance approval given in the form and Restructuring Act of 1998 sionable material subject to the Agree- Agreed Minute is contained in the (Public Law 105–277), a classified annex ment from the UAE either to the NPAS. to the NPAS, prepared by the Sec- United States or to a third country if This transmission shall constitute a retary of State in consultation with exceptional circumstances of concern submittal for purposes of both sections the Director of National Intelligence, from a nonproliferation standpoint so 123 b. and 123 d. of the Act. My Admin- summarizing relevant classified infor- require, and (b) confirmation by the istration is prepared to begin imme- mation, will be submitted to the Con- United States that the fields of co- diately the consultations with the Sen- gress separately.) The joint memo- operation, terms, and conditions ac- ate Foreign Relations Committee and randum submitted to me by the Sec- corded by the United States to the the House Foreign Affairs Committee retary of State and the Secretary of UAE shall be no less favorable in scope as provided in section 123 b. Upon com- Energy and a letter from the Chairman and effect than those that the United pletion of the period of 30 days of con- of the Nuclear Regulatory Commission States may accord to any other non- tinuous session provided for in section

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5817 123 b., the period of 60 days of contin- H.R. 2352. An act to amend the Small Busi- EC–1712. A communication from the Assist- uous session provided for in section 123 ness Act, and for other purposes; to the Com- ant Attorney General, Office of Legislative d. shall commence. mittee on Small Business and Entrepreneur- Affairs, Department of Justice, transmit- ship. ting, pursuant to law, a report on the De- BARACK OBAMA. partment’s activities during Calendar Year THE WHITE HOUSE, May 21, 2009. The following concurrent resolution was read, and referred as indicated: 2008 relative to the Equal Credit Opportunity f Act; to the Committee on Banking, Housing, H. Con. Res. 103. Concurrent resolution MESSAGES FROM THE HOUSE and Urban Affairs. supporting the goals and ideals of Malaria EC–1713. A communication from the Dep- Awareness Day; to the Committee on For- uty General Counsel for Operations, Depart- eign Relations. ENROLLED BILLS SIGNED ment of Housing and Urban Development, f transmitting, pursuant to law, (3) reports At 9:04 a.m., a message from the relative to vacancy announcements within House of Representatives, delivered by ENROLLED BILL PRESENTED the Department; to the Committee on Bank- Ms. Niland, one of its reading clerks, The Secretary of the Senate reported ing, Housing, and Urban Affairs. EC–1714. A communication from the Acting announced that the Speaker has signed that today, May 21, 2009, she had pre- the following enrolled bills: Assistant Secretary for Export Administra- sented to the President of the United tion, Bureau of Industry and Security, De- H.R. 131. An act to establish the Ronald States the following enrolled bill: Reagan Centennial Commission. partment of Commerce, transmitting, pursu- H.R. 627. An act to amend the Truth in S. 454. An act to improve the organization ant to law, the report of a rule entitled ‘‘Re- Lending Act to establish fair and trans- of procedures of the Department of Defense visions to License Requirements and License parent practices relating to the extension of for the acquisition of major weapon systems, Exception Eligibility for Certain Thermal credit under an open end consumer credit and for other purposes. Imaging Cameras and Foreign Made Military Commodities Incorporating Such Cameras’’ plan, and for other purposes. f Under the authority of the order of (RIN0694-AD71) received in the Office of the President of the Senate on May 19, 2009; to today, May 21, 2009, the enrolled bills EXECUTIVE AND OTHER COMMUNICATIONS the Committee on Banking, Housing, and were subsequently signed by the Major- Urban Affairs. ity Leader (Mr. REID). The following communications were EC–1715. A communication from the Assist- laid before the Senate, together with ant Director for Policy, Office of Foreign As- At 1:21 p.m., a message from the accompanying papers, reports, and doc- sets Control, Department of the Treasury, House of Representatives, delivered by uments, and were referred as indicated: transmitting, pursuant to law, the report of Mr. Zapata, one of its reading clerks, a rule entitled ‘‘Darfur Sanctions Regula- EC–1707. A communication from the Acting announced that the House has passed tions’’ (31 CFR Parts 546) received in the Of- Administrator, Agricultural Marketing fice of the President of the Senate on May 19, the following bill, in which it requests Service, Department of Agriculture, trans- 2009; to the Committee on Banking, Housing, the concurrence of the Senate: mitting, pursuant to law, the report of a rule and Urban Affairs. H.R. 2352. An act to amend the Small Busi- entitled ‘‘Mushroom Promotion, Research, ness Act, and for other purposes. EC–1716. A communication from the Assist- and Consumer Information Order; Correction ant Director for Policy, Office of Foreign As- The message also announced that the to Referendum Procedures’’ ((Docket No. sets Control, Department of the Treasury, House has agreed to the following con- AMS-FV-09-0019)(FV-09-703)) received in the transmitting, pursuant to law, the report of current resolution, in which it requests Office of the President of the Senate on May a rule entitled ‘‘Democratic Republic of the the concurrence of the Senate: 18, 2009; to the Committee on Agriculture, Congo Sanctions Regulations’’ (31 CFR Parts Nutrition, and Forestry. H. Con. Res. 133. Concurrent resolution 547) received in the Office of the President of EC–1708. A communication from the Acting providing for a conditional adjournment of the Senate on May 19, 2009; to the Committee Administrator, Agricultural Marketing the House of Representatives and a condi- on Banking, Housing, and Urban Affairs. Service, Department of Agriculture, trans- tional recess or adjournment of the Senate. EC–1717. A communication from the Sec- mitting, pursuant to law, the report of a rule retary of Transportation, transmitting, pur- At 2:21 p.m., a message from the entitled ‘‘Honey Research, Promotion, and suant to law, the Department’s Biennial Re- House of Representatives, delivered by Consumer Information Order; Termination’’ port On the 2008 Regulatory Status of Na- Mrs. Cole, one of its reading clerks, an- ((Docket No. AMS-FV-09-0006)(FV-09-701)) re- tional Transportation Safety Board Open ceived in the Office of the President of the nounced that the House has agreed to Safety Recommendations Concerning 15-Pas- Senate on May 18, 2009; to the Committee on senger Van Safety, Railroad Grade Crossing the report of the committee of con- Agriculture, Nutrition, and Forestry. ference on the disagreeing votes of the Safety, and Medical Certifications for a EC–1709. A communication from the Acting Commercial Driver’s License; to the Com- two Houses on the amendment of the Administrator, Agricultural Marketing mittee on Commerce, Science, and Transpor- House of Representatives to the bill (S. Service, Department of Agriculture, trans- tation. 454) to improve the organization and mitting, pursuant to law, the report of a rule EC–1718. A communication from the Chief procedures of the Department of De- entitled ‘‘Onions Grown in South Texas; of Staff, Media Bureau, Federal Communica- fense for the acquisition of major Change in Regulatory Period’’ ((Docket No. tions Commission, transmitting, pursuant to weapon systems, and for other pur- AMS-FV-09-0012)(FV-09-959-1 IFR)) received law, the report of a rule entitled ‘‘Replace- poses. in the Office of the President of the Senate ment Digital Television Translator Service’’ on May 18, 2009; to the Committee on Agri- (MB Docket No. 08-253) received in the Office f culture, Nutrition, and Forestry. of the President of the Senate on May 18, ENROLLED BILL SIGNED EC–1710. A communication from the Acting 2009; to the Committee on Commerce, Administrator, Agricultural Marketing Science, and Transportation. At 5:19 p.m., a message from the Service, Department of Agriculture, trans- EC–1719. A communication from the Chief House of Representatives, delivered by mitting, pursuant to law, the report of a rule of the Publications and Regulations Branch, Mr. Zapata, one of its reading clerks, entitled ‘‘Walnuts Grown in California; Order Internal Revenue Service, Department of the announced that the Speaker has signed Amending Marketing Order No. 984; Correc- Treasury, transmitting, pursuant to law, the the following enrolled bill: tion’’ ((Docket No. AMS-FV-07-0004)(FV-06- report of a rule entitled ‘‘Health Saving Ac- S. 454. An act to improve the organi- 984-1 C)) received in the Office of the Presi- counts Inflation Adjustments for 2010’’ (Rev. dent of the Senate on May 18, 2009; to the Proc. 2009-29) received in the Office of the zation and procedures of the Depart- Committee on Agriculture, Nutrition, and ment of Defense for the acquisition of President of the Senate on May 18, 2009; to Forestry. the Committee on Finance. major weapon systems, and for other EC–1711. A communication from the Ad- EC–1720. A communication from the Chief purposes. ministrator, Agricultural Marketing Serv- of the Publications and Regulations Branch, Under the authority of the order of ice, Department of Agriculture, transmit- Internal Revenue Service, Department of the today, May 21, 2009, the enrolled bill ting, pursuant to law, the report of a rule en- Treasury, transmitting, pursuant to law, the was subsequently signed by the Major- titled ‘‘Marketing Order Regulating the Han- report of a rule entitled ‘‘Self-determination dling of Spearmint Oil Produced in the Far of Deficiency Dividend under 860(e)(4)’’ (Rev. ity Leader (Mr. REID). West; Salable Quantities and Allotment Per- Proc. 2009-28) received in the Office of the f centages for the 2009-2010 Marketing Year’’ President of the Senate on May 18, 2009; to MEASURES REFERRED ((Docket No. AMS-FV-08-0104)(FV-09-985-1 the Committee on Finance. FR)) received in the Office of the President EC–1721. A communication from the Chief The following bill was read the first of the Senate on May 18, 2009; to the Com- of the Publications and Regulations Branch, and the second times by unanimous mittee on Agriculture, Nutrition, and For- Internal Revenue Service, Department of the consent, and referred as indicated: estry. Treasury, transmitting, pursuant to law, the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5818 CONGRESSIONAL RECORD — SENATE May 21, 2009 report of a rule entitled ‘‘Formless Conver- the Fleet Area Control and Surveillance Fa- were referred or ordered to lie on the sion of Partnership to S Corporation’’ (Rev. cility, located in Virginia Beach, Virginia; to table as indicated: Rul. 2009-15) received in the Office of the the Committee on Armed Services. POM–25. A petition from a citizen of Cali- President of the Senate on May 18, 2009; to EC–1732. A communication from the Direc- fornia relative to amending the Constitu- the Committee on Finance. tor, Regulatory Management Division, Envi- EC–1722. A communication from the Chief ronmental Protection Agency, transmitting, tion; to the Committee on the Judiciary. of the Publications and Regulations Branch, pursuant to law, the report of a rule entitled POM–26. A joint memorial adopted by the Internal Revenue Service, Department of the ‘‘Acibenzolar-S-methyl; Pesticide Toler- Legislature of the State of Washington rel- Treasury, transmitting, pursuant to law, the ances’’ (FRL-8413-7) received in the Office of ative to passing H.R. 5698, the Restoring report of a rule entitled ‘‘Industry Director’s the President of the Senate on May 20, 2009; Partnership for County Health Care Costs Directive #2 on Enhanced Oil Recovery Cred- to the Committee on Agriculture, Nutrition, Act of 2008; to the Committee on Finance. it’’ (LMSB-4-0409-014) received in the Office and Forestry. HOUSE JOINT MEMORIAL NO. 4000 of the President of the Senate on May 18, EC–1733. A communication from the Direc- Whereas, our system of system of justice 2009; to the Committee on Finance. tor, Regulatory Management Division, Envi- presumes that a person accused of commit- EC–1723. A communication from the Assist- ronmental Protection Agency, transmitting, ting a crime is innocent until proven guilty; ant General Counsel for Legislation and Reg- pursuant to law, the report of a rule entitled and ulatory Law, Department of Energy, trans- ‘‘Cry1A.105 protein; Time Limited Exemption Whereas, under current federal law, permitting, pursuant to law, the report of a rule from the Requirement of a Tolerance’’ (FRL- sons awaiting trial or other disposition of entitled ‘‘Acquisition Regulation: Security 8417-3) received in the Office of the President their cases in county jails or juvenile deten- Clause’’ (RIN1991-AB71) received on May 19, of the Senate on May 20, 2009; to the Com- tion facilities are ineligible to receive medi- 2009; to the Committee on Energy and Nat- mittee on Agriculture, Nutrition, and For- care, medicaid, supplementary security in- ural Resources. estry. come, or state children’s health insurance EC–1734. A communication from the Con- EC–1724. A communication from the Acting program benefits, even though their culpa- gressional Review Coordinator, Animal and Assistant Secretary, Legislative Affairs, De- bility in a criminal case has not been proven; Plant Health Inspection Service, Department partment of State, transmitting, pursuant to and law, a report relative to a proposed sale or of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Importa- Whereas, counties must bear the financial export of defense articles and/or defense burden of providing medical care to persons services to a Middle East country; to the tion of Longan From Taiwan’’ (Docket No. APHIS-2007-0161) received in the Office of the who are held in county jails; and Committee on Foreign Relations. Whereas, Many persons in custody who are EC–1725. A communication from the Assist- President of the Senate on May 20, 2009; to the Committee on Agriculture, Nutrition, affected by mental illness suffer further and ant Secretary, Legislative Affairs, Depart- are at higher risk of reoffending after they ment of State, transmitting, pursuant to and Forestry. EC–1735. A communication from the Direc- are released because of a delay in the rein- law, a report relative to providing informa- statement of their federal benefits; Now, tion on U.S. military personnel and U.S. ci- tor, Regulatory Management Division, Envi- ronmental Protection Agency, transmitting, therefore, Your Memorialists respectfully vilian contractors involved in the anti-nar- pray that the United States Congress pass cotics campaign in Colombia; to the Com- pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Air Quality HR 5698, the Restoring Partnership for Coun- mittee on Foreign Relations. ty Health Care Costs Act of 2008. EC–1726. A communication from the Chair- Implementation Plans; California; Deter- mination of Attainment of the 1-Hour Ozone Be it Resolved, That copies of this Memorial man, Committee on Public Safety and the be immediately transmitted to the Honor- Judiciary, Council of the District of Colum- Standard for the Ventura County Area’’ (FRL-8909-6) received in the Office of the able Barack Obama, President of the United bia, transmitting, pursuant to law, a report States, the President of the United States on D.C. Bill 18-10, ‘‘Disclosure to the United President of the Senate on May 20, 2009; to the Committee on Environment and Public Senate, the Speaker of the House of Rep- States District Court Amendment Act of resentatives, and each member of Congress 2009’’ received in the Office of the President Works. EC–1736. A communication from the Direc- from the State of Washington. of the Senate on May 20, 2009; to the Com- tor, Regulatory Management Division, Envi- mittee on Homeland Security and Govern- f ronmental Protection Agency, transmitting, mental Affairs. EC–1727. A communication from the Direc- pursuant to law, the report of a rule entitled EXECUTIVE REPORTS OF tor, Strategic Human Resources Policy, Of- ‘‘Approval and Promulgation of Air Quality COMMITTEES fice of Personnel Management, transmitting, Implementation Plans; Maryland; Reason- ably Available Control Technology Require- The following executive reports of pursuant to law, the report of a rule entitled nominations were submitted: ‘‘Prevailing Rate Systems: Redefinition of ments for Volatile Organic Compounds: Cor- Certain Appropriated Fund Federal Wage rection’’ (FRL-8909-5) received in the Office By Mr. DODD for the Committee on Bank- System Wage Areas’’ (RIN3206-AL77) re- of the President of the Senate on May 20, ing, Housing, and Urban Affairs. ceived in the Office of the President of the 2009; to the Committee on Environment and Francisco J. Sanchez, of Florida, to be Senate on May 19, 2009; to the Committee on Public Works. Under Secretary of Commerce for Inter- EC–1737. A communication from the Chief Homeland Security and Governmental Af- national Trade. of the Trade and Commercial Regulations fairs. *Sandra Brooks Henriquez, of Massachu- EC–1728. A communication from the Acting Branch, Customs and Border Protection, De- setts, to be an Assistant Secretary of Hous- Assistant Attorney General, Department of partment of Homeland Security, transmit- ing and Urban Development. Justice, transmitting, pursuant to law, the ting, pursuant to law, the report of a rule en- *Peter M. Rogoff, of Virginia, to be Federal Department’s Office of Justice Programs titled ‘‘Imported Directly Requirement Transit Administrator. (OJP) Annual Report to Congress for Fiscal Under the United States-Bahrain Free Trade *Michael S. Barr, of Michigan, to be an As- Year 2008; to the Committee on the Judici- Agreement’’ (RIN1505-AC13) received in the sistant Secretary of the Treasury. ary. Office of the President of the Senate on May *Nomination was reported with rec- 20, 2009; to the Committee on Finance. EC–1729. A communication from the Chief, ommendation that it be confirmed sub- Office of Congressional Relations, Citizen- EC–1738. A communication from the Pro- gram Manager, Administration for Children ject to the nominee’s commitment to ship and Immigration Services, Department respond to requests to appear and tes- of Homeland Security, transmitting, the and Families, Department of Health and U.S. Citizenship and Immigration Services Human Services, transmitting, pursuant to tify before any duly constituted com- Annual Report for Fiscal Year 2008; to the law, the report of a rule entitled ‘‘State Par- mittee of the Senate. Committee on the Judiciary. ent Locator Service; Safeguarding Child (Nominations without an asterisk EC–1730. A communication from the Fed- Support Information: Delay of Effective were reported with the recommenda- Date’’ (RIN0970-AC01) received in the Office eral Register Liaison Officer, Veterans Bene- tion that they be confirmed.) fits Administration, Department of Veterans of the President of the Senate on May 20, Affairs, transmitting, pursuant to law, the 2009; to the Committee on Finance. f EC–1739. A communication from the Assist- report of a rule entitled ‘‘Reimbursement for ant Secretary, Office of Legislative Affairs, INTRODUCTION OF BILLS AND Interment Costs’’ (RIN2900-AM98) received in Department of State, transmitting, pursuant the Office of the President of the Senate on JOINT RESOLUTIONS to law, a report relative to the establishment May 19, 2009; to the Committee on Veterans’ of a Danger Pay Allowance for FBI personnel The following bills and joint resolu- Affairs. tions were introduced, read the first EC–1731. A communication from the Assist- serving in Mexico; to the Committee on For- ant Secretary of the Navy (Installations and eign Relations. and second times by unanimous con- Environment), transmitting, pursuant to f sent, and referred as indicated: law, a report relative to the Department of PETITIONS AND MEMORIALS By Mrs. HUTCHISON: the Navy converting to contract the infor- S. 1115. A bill to amend title 23, United mation assurance functions currently being The following petitions and memo- States Code, to prohibit the imposition of performed by eight (8) military personnel of rials were laid before the Senate and new tolls on the Federal-aid system, and for

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5819 other purposes; to the Committee on Envi- nial census of population or American Com- S. 1137. A bill to amend the Elementary ronment and Public Works. munity Survey, standard functional ability and Secondary Education Act of 1965 to es- By Mr. VITTER: questions be included to provide a reliable tablish a Volunteer Teacher Advisory Com- S. 1116. A bill to amend title 44 of the indicator of need for long-term care; to the mittee; to the Committee on Health, Edu- United States Code, to provide for the sus- Committee on Homeland Security and Gov- cation, Labor, and Pensions. pension of fines under certain circumstances ernmental Affairs. By Mrs. FEINSTEIN (for herself and for first-time paperwork violations by small By Mr. ROBERTS (for himself and Mr. Mrs. BOXER): business concerns; to the Committee on BROWNBACK): S. 1138. A bill to amend the Reclamation Homeland Security and Governmental Af- S. 1128. A bill to authorize the award of a Wastewater and Groundwater Study and Fa- fairs. military service medal to members of the cilities Act to expand the Bay Area Regional By Mr. LEAHY (for himself, Mr. SAND- Armed Forces who were exposed to ionizing Recycling Program, and for other purposes; ERS, Mrs. SHAHEEN, and Mr. GREGG): radiation as a result of participation in the to the Committee on Energy and Natural Re- S. 1117. A bill to authorize the Secretary of testing of nuclear weapons or under other sources . the Interior to provide assistance in imple- circumstances; to the Committee on Armed By Mr. WYDEN: menting cultural heritage, conservation, and Services. S. 1139. A bill to require the Secretary of recreational activities in the Connecticut By Mr. DURBIN (for himself and Mr. Agriculture to enter into a property convey- River watershed of the States of New Hamp- BURR): ance with the city of Wallowa, Oregon, and shire and Vermont; to the Committee on En- S. 1129. A bill to authorize the Secretary of for other purposes; to the Committee on En- ergy and Natural Resources. Education to award grants to local edu- ergy and Natural Resources. By Mrs. LINCOLN (for herself, Mr. cational agencies to improve college enroll- By Mr. WYDEN: KOHL, and Mr. BROWN): ment; to the Committee on Health, Edu- S. 1140. A bill to direct the Secretary of the S. 1118. A bill to amend title 38, United cation, Labor, and Pensions. Interior to convey certain Federal land to States Code, to provide for an increase in the By Ms. SNOWE (for herself, Mr. Deschutes County, Oregon; to the Committee amount of monthly dependency and indem- CONRAD, Mr. WYDEN, and Ms. COL- on Energy and Natural Resources. nity compensation payable to surviving LINS): By Mrs. FEINSTEIN (for herself and spouses by the Secretary of Veterans Affairs, S. 1130. A bill to provide for a demonstra- Mr. BOND): and for other purposes; to the Committee on tion project regarding Medicaid reimburse- S. 1141. A bill to extend certain trade pref- Veterans’ Affairs. ments for stabilization of emergency medical erences to certain least-developed countries, and for other purposes; to the Committee on By Mrs. LINCOLN: conditions by non-publicly owned or oper- S. 1119. A bill to amend the Internal Rev- ated institutions for mental diseases; to the Finance. enue Code of 1986 to provide taxpayer notifi- Committee on Finance. By Mr. REED (for himself and Ms. MI- KULSKI): cation of suspected identity theft; to the By Mr. WYDEN (for himself, Mr. BURR, S. 1142. A bill to amend the Federal Food, Committee on Finance. Mr. WHITEHOUSE, and Mr. CARDIN): Drug, and Cosmetic Act with respect to in- By Mrs. LINCOLN: S. 1131. A bill to amend title XVIII of the clusion of effectiveness information in drug S. 1120. A bill to amend the Internal Rev- Social Security Act to provide certain high and device labeling and advertising; to the enue Code of 1986 to conform the definitions cost Medicare beneficiaries suffering from Committee on Health, Education, Labor, and of qualifying expenses for purposes of edu- multiple chronic conditions with access to Pensions. cation tax benefits; to the Committee on Fi- coordinated, primary care medical services By Mr. DURBIN: in lower cost treatment settings, such as nance. S. 1143. A bill to amend the Public Health By Mr. HARKIN: their residences, under a plan of care devel- Service Act to establish various programs S. 1121. A bill to amend part D of title V of oped by a team of qualified and experienced for the recruitment and retention of public the Elementary and Secondary Education health care professionals; to the Committee health workers and to eliminate critical pub- Act of 1965 to provide grants for the repair, on Finance. lic health workforce shortages in Federal, renovation, and construction of elementary By Mr. LEAHY: State, local, and tribal public health agen- S. 1132. A bill to amend title 18, United and secondary schools, including early learn- cies and health centers; to the Committee on States Code, to improve the provisions relating facilities at the elementary schools; to Health, Education, Labor, and Pensions. ing to the carrying of concealed weapons by the Committee on Health, Education, Labor, By Mr. JOHNSON (for himself, Mr. and Pensions. law enforcement officers, and for other pur- TESTER, and Mr. CRAPO): By Mr. BARRASSO (for himself, Mr. poses; to the Committee on the Judiciary. S. 1144. A bill to improve transit services, JOHNSON, Mr. UDALL of Colorado, Mr. By Mr. WYDEN (for himself and Mr. including in rural States; to the Committee BENNET, Mr. RISCH, and Mr. BEN- GREGG): on Commerce, Science, and Transportation. NETT): S. 1133. A bill to amend title XVIII of the By Mr. WYDEN (for himself and Mr. Social Security Act to provide for the estab- S. 1122. A bill to authorize the Secretary of BROWNBACK): Agriculture and the Secretary of the Interior lishment of shared decision making stand- S. 1145. A bill to amend section 114 of title to enter into cooperative agreements with ards and requirements and to establish a 17, United States Code, to provide for agree- State foresters authorizing State foresters to pilot program for the implementation of ments for the reproduction and performance provide certain forest, rangeland, and water- shared decision making under the Medicare of sound recordings by webcasters; to the shed restoration and protection services; to program; to the Committee on Finance. Committee on the Judiciary. the Committee on Agriculture, Nutrition, By Mr. CASEY: By Mr. SCHUMER: and Forestry. S. 1134. A bill to ensure the energy inde- S. 1146. A bill to direct the Attorney Gen- By Ms. COLLINS (for herself, Mrs. LIN- pendence and economic viability of the eral to provide grants and access to informa- COLN, and Mr. BOND): United States by promoting the responsible tion and resources for the implementation of S. 1123. A bill to provide for a five-year use of coal through accelerated carbon cap- the Sex Offender Registration Tips and payment increase under the Medicare pro- ture and storage and through advanced clean Crime Victims Center Programs; to the Com- gram for home health services furnished in a coal technology research, development, dem- mittee on the Judiciary. rural area; to the Committee on Finance. onstration, and deployment programs, and By Mr. KOHL (for himself and Mr. By Mrs. MURRAY: for other purposes; to the Committee on En- LEAHY): S. 1124. A bill to amend title 46, United ergy and Natural Resources. S. 1147. A bill to prevent tobacco smug- States Code, to modify the vessels eligible By Ms. STABENOW (for herself, Mr. gling, to ensure the collection of all tobacco for a fishery endorsement, and for other pur- BROWNBACK, Mr. DURBIN, Mr. taxes, and for other purposes; to the Com- poses; to the Committee on Commerce, VOINOVICH, Mr. LEVIN, Mr. BROWN, mittee on the Judiciary. Science, and Transportation. Ms. MIKULSKI, and Mr. LIEBERMAN): By Mr. GRASSLEY (for himself, Mrs. By Mr. DURBIN: S. 1135. A bill to establish a voluntary pro- MCCASKILL, Mr. BOND, and Mr. S. 1125. A bill to amend the National Voter gram in the National Highway Traffic Safety THUNE): Registration Act of 1993 to provide for the Administration to encourage consumers to S. 1148. A bill to amend the Clean Air Act treatment of institutions of higher education trade-in older vehicles for more fuel efficient to modify a provision relating to the renew- as voter registration agencies; to the Com- vehicles, and for other purposes; to the Com- able fuel program; to the Committee on En- mittee on Rules and Administration. mittee on Commerce, Science, and Transpor- vironment and Public Works. By Mr. REID: tation. By Mr. REID (for Mr. ROCKEFELLER): S. 1126. A bill to require the Director of Na- By Ms. STABENOW (for herself and S. 1149. A bill to eliminate annual and life- tional Intelligence to submit a report to Mr. LEVIN): time aggregate limits imposed by health Congress on retirement benefits for former S. 1136. A bill to establish a chronic care plans; to the Committee on Health, Edu- employees of Air America and for other pur- improvement demonstration program for cation, Labor, and Pensions. poses; to the Select Committee on Intel- Medicaid beneficiaries with severe mental By Mr. REID (for Mr. ROCKEFELLER (for ligence. illnesses; to the Committee on Finance. himself, Ms. COLLINS, Mr. KOHL, Mr. By Mr. MARTINEZ: By Mr. FEINGOLD (for himself, Ms. WYDEN, and Mr. CARPER)): S. 1127. A bill to require that, in the ques- SNOWE, Mrs. LINCOLN, Mr. SANDERS, S. 1150. A bill to improve end-of-life care; tionnaires used in the taking of any decen- and Mr. DODD): to the Committee on Finance.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5820 CONGRESSIONAL RECORD — SENATE May 21, 2009

By Mr. REID (for Mr. ROCKEFELLER (for S. Res. 155. A resolution expressing the By Mrs. LINCOLN (for herself, Mr. himself and Ms. SNOWE)): sense of the Senate that the Government of SCHUMER, and Mr. CHAMBLISS): S. 1151. A bill to amend part A of title IV the People’s Republic of China should imme- S. Con. Res. 24. A concurrent resolution to of the Social Security Act to require the diately cease engaging in acts of cultural, direct the Architect of the Capitol to place a Secretary of Health and Human Services to linguistic, and religious suppression directed marker in Emancipation Hall in the Capitol conduct research on indicators of child well- against the Uyghur people; to the Committee Visitor Center which acknowledges the role being; to the Committee on Finance. on Foreign Relations. that slave labor played in the construction By Mr. REID (for Mr. KENNEDY (for By Mr. BROWN (for himself, Mr. KEN- of the United States Capitol, and for other himself, Mr. DODD, Mr. HARKIN, Ms. NEDY, Mr. ROCKEFELLER, Mr. DODD, purposes; to the Committee on Rules and Ad- MIKULSKI, Mrs. MURRAY, Mr. SAND- Mr. SCHUMER, Mr. BINGAMAN, Mr. ministration. ERS, Mr. BROWN, Mr. CASEY, Mr. DURBIN, Ms. MIKULSKI, Mr. HARKIN, f INOUYE, Mr. LEVIN, Mr. KERRY, Mr. Mrs. BOXER, Mr. REED, Mr. LEVIN, AKAKA, Mrs. BOXER, Mr. FEINGOLD, Mr. LEAHY, Mr. MENENDEZ, Mr. ADDITIONAL COSPONSORS Mr. DURBIN, Mr. JOHNSON, Mr. SCHU- WHITEHOUSE, Ms. STABENOW, Mr. S. 167 MER, Mr. LAUTENBERG, Mr. MENEN- CASEY, Mrs. GILLIBRAND, Mr. At the request of Mr. KOHL, the name DEZ, Mr. BURRIS, and Mrs. MERKLEY, Mr. UDALL of New Mexico, of the Senator from Maryland (Mr. GILLIBRAND)): Mr. INOUYE, Mr. SANDERS, Mr. KAUF- CARDIN) was added as a cosponsor of S. S. 1152. A bill to allow Americans to earn MAN, Mr. BURRIS, Mr. LAUTENBERG, 167, a bill to amend the Omnibus Crime paid sick time so that they can address their Mrs. MCCASKILL, Mrs. SHAHEEN, Mr. own health needs and the health needs of CARDIN, and Mr. AKAKA): Control and Safe Streets Act of 1968 to their families; to the Committee on Health, S. Res. 156. A resolution expressing the enhance the COPS ON THE BEAT Education, Labor, and Pensions. sense of the Senate that reform of our Na- grant program, and for other purposes. By Mr. SCHUMER (for himself, Ms. tion’s health care system should include the S. 255 CANTWELL, Mr. MENENDEZ, Mr. DODD, establishment of a federally-backed insur- At the request of Mr. WHITEHOUSE, Mr. KERRY, and Mr. AKAKA): ance pool; to the Committee on Health, Edu- the name of the Senator from Oregon S. 1153. A bill to amend the Internal Rev- cation, Labor, and Pensions. enue Code of 1986 to extend the exclusion (Mr. MERKLEY) was added as a cospon- By Mr. LUGAR (for himself, Mrs. LIN- from gross income for employer-provided COLN, Mr. DURBIN, Mr. KOHL, Mr. sor of S. 255, a bill to amend the Truth health coverage for employees’ spouses and BROWN, Ms. SNOWE, Mr. CASEY, Mr. in Lending Act to empower the States dependent children to coverage provided to KERRY, and Mr. MENENDEZ): to set the maximum annual percentage other eligible designated beneficiaries of em- S. Res. 157. A resolution recognizing Bread rates applicable to consumer credit ployees; to the Committee on Finance. for the World, on the 35th anniversary of its By Ms. KLOBUCHAR (for herself and transactions, and for other purposes. founding, for its faithful advocacy on behalf Mr. ENZI): S. 423 of poor and hungry people in our country and S. 1154. A bill to amend the Public Health At the request of Mr. JOHANNS, his around the world; to the Committee on the Service Act to facilitate emergency medical name was added as a cosponsor of S. services personnel training and certification Judiciary. By Mr. KERRY (for himself and Mr. 423, a bill to amend title 38, United curriculums for military veterans; to the States Code, to authorize advance ap- Committee on Health, Education, Labor, and KENNEDY): S. Res. 158. A resolution to commend the propriations for certain medical care Pensions. American Sail Training Association for ad- By Ms. COLLINS (for herself and Mr. accounts of the Department of Vet- vancing international goodwill and char- INOUYE): erans Affairs by providing two-fiscal S. 1155. A bill to amend title 38, United acter building under sail; to the Committee year budget authority, and for other States Code, to establish the position of Di- on the Judiciary. purposes. rector of Physician Assistant Services with- By Mr. BURRIS: S. Res. 159. A resolution recognizing the S. 428 in the office of the Under Secretary of Vet- At the request of Mr. DORGAN, the erans Affairs for health; to the Committee historical significance of Juneteenth Inde- on Veterans’ Affairs. pendence Day and expressing the sense of the names of the Senator from Washington Senate that history should be regarded as a By Mr. HARKIN (for himself, Mr. BURR, (Mrs. MURRAY) and the Senator from means for understanding the past and solv- Mr. SANDERS, Mr. MERKLEY, and Ms. Maine (Ms. COLLINS) were added as co- ing the challenges of the future; to the Com- COLLINS): sponsors of S. 428, a bill to allow travel S. 1156. A bill to amend the Safe, Account- mittee on the Judiciary. between the United States and Cuba. By Mr. GREGG (for himself, Mr. able, Flexible, Efficient Transportation Eq- S. 451 uity Act: A Legacy for Users to reauthorize MCCONNELL, Mrs. FEINSTEIN, Mr. At the request of Ms. COLLINS, the and improve the safe routes to school pro- DURBIN, Mr. MCCAIN, Mr. LIEBERMAN, gram; to the Committee on Environment and Ms. COLLINS, Mr. LUGAR, Mr. name of the Senator from North Caro- Public Works. BROWNBACK, Mr. BENNETT, Mr. BOND, lina (Mrs. HAGAN) was added as a co- By Mr. CONRAD (for himself, Mr. ROB- and Mr. KERRY): sponsor of S. 451, a bill to require the ERTS, Mr. HARKIN, and Mr. S. Res. 160. A resolution condemning the Secretary of the Treasury to mint actions of the Burmese State Peace and De- BARRASSO): coins in commemoration of the centen- S. 1157. A bill to amend title XVIII of the velopment council against Daw Aung San Suu Kyi and calling for the immediate and nial of the establishment of the Girl Social Security Act to protect and preserve Scouts of the United States of Amer- access of Medicare beneficiaries in rural unconditional release of Daw Aung San Suu areas to health care providers under the Kyi; considered and agreed to. ica. Medicare program, and for other purposes; to By Mr. JOHNSON: S. 484 the Committee on Finance. S. Res. 161. A resolution recognizing June At the request of Mrs. FEINSTEIN, the By Ms. STABENOW (for herself, Mr. 2009 as the first National Hereditary Hemor- name of the Senator from Louisiana rhagic Telangiecstasia (HHT) month, estab- ISAKSON, and Mr. WHITEHOUSE): (Ms. LANDRIEU) was added as a cospon- lished to increase awareness of HHT, which S. 1158. A bill to authorize the Secretary of sor of S. 484, a bill to amend title II of Health and Human Services to conduct ac- is a complex genetic blood vessel disorder tivities to rapidly advance treatments for that affects approximately 70,000 people in the Social Security Act to repeal the spinal muscular atrophy, neuromuscular dis- the United States; considered and agreed to. Government pension offset and wind- ease, and other pediatric diseases, and for By Mr. FEINGOLD (for himself, Mr. fall elimination provisions. other purposes; to the Committee on Health, CARDIN, Mr. UDALL of Colorado, and S. 527 Education, Labor, and Pensions. Mr. BURRIS): At the request of Mr. THUNE, the By Mrs. BOXER: S. Res. 162. A resolution recommending the name of the Senator from Idaho (Mr. S. 1159. A bill to promote freedom, human Langston Golf Course, located in northeast CRAPO) was added as a cosponsor of S. rights, and the rule of law in Vietnam; to the Washington, DC and owned by the National Committee on Foreign Relations. Park Service, be recognized for its important 527, a bill to amend the Clean Air act to prohibit the issuance of permits f legacy and contributions to African-Amer- ican golf history, and for other purposes; under title V of that Act for certain SUBMISSION OF CONCURRENT AND considered and agreed to. emissions from agricultural produc- SENATE RESOLUTIONS By Mr. CASEY (for himself and Mr. tion. CHAMBLISS): The following concurrent resolutions S. 535 S. Res. 163. A resolution expressing the and Senate resolutions were read, and sense of the Senate with respect to childhood At the request of Mr. NELSON of Flor- referred (or acted upon), as indicated: stroke and designating an appropriate date ida, the name of the Senator from Kan- By Mr. BROWN (for himself and Mr. as ‘‘National Childhood Stroke Awareness sas (Mr. BROWNBACK) was added as a co- INHOFE): Day’’; considered and agreed to. sponsor of S. 535, a bill to amend title

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5821 10, United States Code, to repeal re- (Mr. ENZI) was added as a cosponsor of (Mr. SANDERS) and the Senator from quirement for reduction of survivor an- S. 812, a bill to amend the Internal North Dakota (Mr. DORGAN) were added nuities under the Survivor Benefit Revenue Code of 1986 to make perma- as cosponsors of S. 950, a bill to amend Plan by veterans’ dependency and in- nent the special rule for contributions title XVIII of the Social Security Act demnity compensation, and for other of qualified conservation contribu- to authorize physical therapists to purposes. tions. evaluate and treat Medicare bene- S. 634 S. 823 ficiaries without a requirement for a At the request of Mr. HARKIN, the At the request of Ms. SNOWE, the physician referral, and for other pur- name of the Senator from New Jersey names of the Senator from Ohio (Mr. poses. (Mr. LAUTENBERG) was added as a co- VOINOVICH) and the Senator from Okla- S. 956 sponsor of S. 634, a bill to amend the homa (Mr. INHOFE) were added as co- At the request of Mr. TESTER, the Elementary and Secondary Education sponsors of S. 823, a bill to amend the names of the Senator from Hawaii (Mr. Act of 1965 to improve standards for Internal Revenue Code of 1986 to allow INOUYE), the Senator from Tennessee physical education. a 5-year carryback of operating losses, (Mr. CORKER) and the Senator from S. 653 and for other purposes. Kentucky (Mr. BUNNING) were added as At the request of Mr. CARDIN, the S. 843 cosponsors of S. 956, a bill to amend name of the Senator from West Vir- At the request of Mr. LAUTENBERG, title XVIII of the Social Security Act ginia (Mr. ROCKEFELLER) was added as the name of the Senator from Oregon to exempt unsanctioned State-licensed a cosponsor of S. 653, a bill to require (Mr. WYDEN) was added as a cosponsor retail pharmacies from the surety bond the Secretary of the Treasury to mint of S. 843, a bill to establish background requirement under the Medicare Pro- coins in commemoration of the bicen- check procedures for gun shows. gram for suppliers of durable medical tennial of the writing of the Star-Span- S. 846 equipment, prosthetics, orthotics, and gled Banner, and for other purposes. At the request of Mr. DURBIN, the supplies (DMEPOS). S. 660 names of the Senator from Louisiana S. 962 At the request of Mr. HATCH, the (Ms. LANDRIEU), the Senator from Flor- At the request of Mr. KERRY, the name of the Senator from California ida (Mr. NELSON) and the Senator from names of the Senator from Delaware (Mrs. FEINSTEIN) was added as a co- Colorado (Mr. UDALL) were added as co- (Mr. CARPER), the Senator from Rhode sponsor of S. 660, a bill to amend the sponsors of S. 846, a bill to award a con- Island (Mr. WHITEHOUSE) and the Sen- Public Health Service Act with respect gressional gold medal to Dr. Muham- ator from Illinois (Mr. BURRIS) were to pain care. mad Yunus, in recognition of his con- added as cosponsors of S. 962, a bill to S. 765 tributions to the fight against global authorize appropriations for fiscal At the request of Mr. NELSON of Ne- poverty. years 2009 through 2013 to promote an braska, the name of the Senator from S. 850 enhanced strategic partnership with Utah (Mr. BENNETT) was added as a co- At the request of Mr. KERRY, the Pakistan and its people, and for other sponsor of S. 765, a bill to amend the name of the Senator from Oregon (Mr. purposes. Internal Revenue Code of 1986 to allow MERKLEY) was added as a cosponsor of S. 979 the Secretary of the Treasury to not S. 850, a bill to amend the High Seas At the request of Mr. DURBIN, the impose a penalty for failure to disclose Driftnet Fishing Moratorium Protec- name of the Senator from New Hamp- reportable transactions when there is tion Act and the Magnuson-Stevens shire (Mrs. SHAHEEN) was added as a co- reasonable cause for such failure, to Fishery Conservation and Management sponsor of S. 979, a bill to amend the modify such penalty, and for other pur- Act to improve the conservation of Public Health Service Act to establish poses. sharks. a nationwide health insurance pur- S. 769 S. 908 chasing pool for small businesses and At the request of Mrs. LINCOLN, the At the request of Mr. BAYH, the name the self-employed that would offer a name of the Senator from New Jersey of the Senator from Hawaii (Mr. choice of private health plans and (Mr. LAUTENBERG) was added as a co- INOUYE) was added as a cosponsor of S. make health coverage more affordable, sponsor of S. 769, a bill to amend title 908, a bill to amend the Iran Sanctions predictable, and accessible. XVIII of the Social Security Act to im- Act of 1996 to enhance United States prove access to, and increase utiliza- diplomatic efforts with respect to Iran S. 987 tion of, bone mass measurement bene- by expanding economic sanctions At the request of Mr. DURBIN, the fits under the Medicare part B pro- against Iran. name of the Senator from Maryland (Mr. CARDIN) was added as a cosponsor gram. S. 935 of S. 987, a bill to protect girls in devel- S. 772 At the request of Mr. CONRAD, the oping countries through the prevention At the request of Ms. MIKULSKI, her name of the Senator from Colorado of child marriage, and for other pur- name was added as a cosponsor of S. (Mr. BENNET) was added as a cosponsor 772, a bill to enhance benefits for sur- of S. 935, a bill to extend subsections poses. vivors of certain former members of (c) and (d) of section 114 of the Medi- S. 990 the Armed Forces with a history of care, Medicaid, and SCHIP Extension At the request of Ms. STABENOW, the post-traumatic stress disorder or trau- Act of 2007 (Public Law 110-173) to pro- name of the Senator from Massachu- matic brain injury, to enhance avail- vide for regulatory stability during the setts (Mr. KERRY) was added as a co- ability and access to mental health development of facility and patient cri- sponsor of S. 990, a bill to amend the counseling for members of the Armed teria for long-term care hospitals Richard B. Russell National School Forces and veterans, and for other pur- under the Medicare program, and for Lunch Act to expand access to healthy poses. other purposes. afterschool meals for school children in S. 799 S. 943 working families. At the request of Mr. DURBIN, the At the request of Mr. THUNE, the S. 994 name of the Senator from New York name of the Senator from Nebraska At the request of Ms. KLOBUCHAR, the (Mrs. GILLIBRAND) was added as a co- (Mr. JOHANNS) was added as a cospon- name of the Senator from Connecticut sponsor of S. 799, a bill to designate as sor of S. 943, a bill to amend the Clean (Mr. LIEBERMAN) was added as a co- wilderness certain Federal portions of Air Act to permit the Administrator of sponsor of S. 994, a bill to amend the the red rock canyons of the Colorado the Environmental Protection Agency Public Health Service Act to increase Plateau and the Great Basin Deserts in to waive the lifecycle greenhouse gas awareness of the risks of breast cancer the State of Utah for the benefit of emission reduction requirements for in young women and provide support present and future generations of peo- renewable fuel production, and for for young women diagnosed with breast ple in the United States. other purposes. cancer. S. 812 S. 950 S. 1003 At the request of Mr. BAUCUS, the At the request of Mrs. LINCOLN, the At the request of Mr. REED, the name name of the Senator from Wyoming names of the Senator from Vermont of the Senator from Vermont (Mr.

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S. 1019 (Mr. HARKIN) was added as a cosponsor AMENDMENT NO. 1189 At the request of Mr. HARKIN, the of S. 1108, a bill to require application At the request of Mrs. HUTCHISON, the name of the Senator from Wisconsin of budget neutrality on a national names of the Senator from Pennsyl- (Mr. KOHL) was added as a cosponsor of basis in the calculation of the Medicare vania (Mr. CASEY), the Senator from S. 1019, a bill to amend the Internal hospital wage index floor for each all- Utah (Mr. BENNETT), the Senator from Revenue Code of 1986 to allow a credit urban and rural State. New Mexico (Mr. BINGAMAN), the Sen- against income tax for the purchase of S. 1112 ator from Massachusetts (Mr. KERRY), hearing aids. At the request of Mr. DODD, the name the Senator from Minnesota (Ms. S. 1038 of the Senator from Massachusetts KLOBUCHAR), the Senator from Mary- At the request of Mrs. FEINSTEIN, the (Mr. KERRY) was added as a cosponsor land (Mr. CARDIN), the Senator from name of the Senator from Iowa (Mr. of S. 1112, a bill to make effective the Nebraska (Mr. NELSON), the Senator HARKIN) was added as a cosponsor of S. proposed rule of the Food and Drug Ad- from Kansas (Mr. BROWNBACK), the 1038, a bill to improve agricultural job ministration relating to sunscreen Senator from Kansas (Mr. ROBERTS), opportunities, benefits, and security drug products, and for other purposes. the Senator from Iowa (Mr. GRASSLEY), the Senator from North Carolina (Mr. for aliens in the United States and for S. RES. 97 BURR), the Senator from Nebraska (Mr. other purposes. At the request of Mr. TESTER, the JOHANNS), the Senator from New York S. 1050 name of the Senator from Alaska (Mr. (Mr. SCHUMER), the Senator from Iowa At the request of Mr. LAUTENBERG, BEGICH) was added as a cosponsor of S. (Mr. HARKIN), the Senator from Lou- his name was added as a cosponsor of Res. 97, a resolution designating June isiana (Ms. LANDRIEU), the Senator S. 1050, a bill to amend title XXVII of 1, 2009, as ‘‘Collector Car Appreciation from New Hampshire (Mrs. SHAHEEN), the Public Health Service Act to estab- Day’’ and recognizing that the collec- the Senator from Idaho (Mr. CRAPO), lish Federal standards for health insur- tion and restoration of historic and the Senator from Idaho (Mr. RISCH), ance forms, quality, fair marketing, classic cars is an important part of pre- the Senator from Florida (Mr. NELSON), and honesty in out-of-network cov- serving the technological achievements the Senator from Maine (Ms. SNOWE), erage in the group and individual and cultural heritage of the United the Senator from Hawaii (Mr. INOUYE), health insurance markets, to improve States. the Senator from Wisconsin (Mr. FEIN- transparency and accountability in S. RES. 139 GOLD), the Senator from Maine (Ms. those markets, and to establish a Fed- At the request of Ms. MIKULSKI, the COLLINS), the Senator from Pennsyl- eral Office of Health Insurance Over- name of the Senator from Florida (Mr. vania (Mr. SPECTER), the Senator from sight to monitor performance in those MARTINEZ) was added as a cosponsor of Wisconsin (Mr. KOHL), the Senator markets, and for other purposes. S. Res. 139, a resolution commemo- from North Dakota (Mr. DORGAN), the S. 1057 rating the 20th anniversary of the end Senator from Virginia (Mr. WEBB), the At the request of Mr. TESTER, the of communist rule in Poland. Senator from Mississippi (Mr. WICKER), names of the Senator from Maine (Ms. S. RES. 151 the Senator from Texas (Mr. CORNYN), COLLINS) and the Senator from Utah At the request of Mrs. GILLIBRAND, the Senator from Arkansas (Mrs. LIN- (Mr. BENNETT) were added as cospon- her name was added as a cosponsor of COLN), and the Senator from South Da- sors of S. 1057, a bill to amend the Pub- S. Res. 151, a resolution designates a kota (Mr. THUNE) were added as co- lic Health Service Act to provide for national day of remembrance on Octo- sponsors of amendment No. 1189 pro- the participation of physical therapists ber 30, 2009, for nuclear weapons proposed to H.R. 2346, a bill making sup- in the National Health Service Corps gram workers. plemental appropriations for the fiscal Loan Repayment Program, and for AMENDMENT NO. 1155 year ending September 30, 2009, and for other purposes. At the request of Mr. NELSON of Flor- other purposes. S. 1102 ida, the name of the Senator from Ar- AMENDMENT NO. 1191 At the request of Mr. LIEBERMAN, the kansas (Mr. PRYOR) was added as a co- At the request of Mr. LEAHY, the names of the Senator from Hawaii (Mr. sponsor of amendment No. 1155 in- names of the Senator from New Jersey AKAKA), the Senator from California tended to be proposed to H.R. 2346, a (Mr. MENENDEZ) and the Senator from (Mrs. BOXER), the Senator from Ohio bill making supplemental appropria- Delaware (Mr. KAUFMAN) were added as (Mr. BROWN), the Senator from Wash- tions for the fiscal year ending Sep- cosponsors of amendment No. 1191 pro- ington (Ms. CANTWELL), the Senator tember 30, 2009, and for other purposes. posed to H.R. 2346, a bill making sup- from Maryland (Mr. CARDIN), the Sen- AMENDMENT NO. 1161 plemental appropriations for the fiscal ator from Pennsylvania (Mr. CASEY), year ending September 30, 2009, and for the Senator from Connecticut (Mr. At the request of Mr. BROWN, the name of the Senator from Oregon (Mr. other purposes. DODD), the Senator from Illinois (Mr. AMENDMENT NO. 1198 MERKLEY) was added as a cosponsor of DURBIN), the Senator from Wisconsin amendment No. 1161 proposed to H.R. At the request of Mr. LUGAR, the (Mr. FEINGOLD), the Senator from New 2346, a bill making supplemental appro- name of the Senator from Massachu- York (Mrs. GILLIBRAND), the Senator priations for the fiscal year ending setts (Mr. KERRY) was added as a co- from Massachusetts (Mr. KENNEDY), the sponsor of amendment No. 1198 in- Senator from Massachusetts (Mr. September 30, 2009, and for other purposes. tended to be proposed to H.R. 2346, a KERRY), the Senator from New Jersey bill making supplemental appropria- AMENDMENT NO. 1164 (Mr. LAUTENBERG), the Senator from tions for the fiscal year ending Sep- Vermont (Mr. LEAHY), the Senator At the request of Mr. ISAKSON, the tember 30, 2009, and for other purposes. name of the Senator from Washington from Michigan (Mr. LEVIN), the Sen- f ator from Oregon (Mr. MERKLEY), the (Mrs. MURRAY) was added as a cospon- Senator from Maryland (Ms. MIKUL- sor of amendment No. 1164 proposed to STATEMENTS ON INTRODUCED SKI), the Senator from Washington H.R. 2346, a bill making supplemental BILLS AND JOINT RESOLUTIONS (Mrs. MURRAY), the Senator from appropriations for the fiscal year end- By Mr. LEAHY (for himself, Mr. Vermont (Mr. SANDERS), the Senator ing September 30, 2009, and for other SANDERS, Mrs. SHAHEEN, and from New York (Mr. SCHUMER), the purposes. Mr. GREGG): Senator from Rhode Island (Mr. AMENDMENT NO. 1179 S. 1117. A bill to authorize the Sec- WHITEHOUSE) and the Senator from Or- At the request of Mr. KAUFMAN, the retary of the Interior to provide assist- egon (Mr. WYDEN) were added as co- name of the Senator from Indiana (Mr. ance in implementing cultural herit- sponsors of S. 1102, a bill to provide BAYH) was added as a cosponsor of age, conservation, and recreational ac- benefits to domestic partners of Fed- amendment No. 1179 proposed to H.R. tivities in the Connecticut River wa- eral employees. 2346, a bill making supplemental appro- tershed of the States of New Hampshire

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5823 and Vermont; to the Committee on En- recommendations of the Connecticut (7) in 1997, as directed by the legislatures, ergy and Natural Resources. River Corridor Management Plan, the Connecticut River Joint Commissions, Mr. LEAHY. Mr. President, I am which was developed under New Hamp- with the substantial involvement of 5 bi- pleased to introduce today the Upper shire law with the active participation State local river subcommittees appointed Connecticut River Partnership Act. to represent riverfront towns, produced the 6 of Vermont citizens and communities. volume Connecticut River Corridor Manage- This legislation will help bring rec- This act would also provide the Sec- ment Plan, to be used as a blueprint in edu- ognition to New England’s largest river retary of the Interior with the much cating agencies, communities, and the public ecosystem and one of our Nation’s 14 needed ability to assist the States of in how to be good neighbors to a great river; American Heritage Rivers. New Hampshire and Vermont with (8) in 2009, after 3 years of broad consulta- The purpose of this legislation is to technical and financial aid for the tion, the Connecticut River Joint Commis- help the communities along the river Upper Connecticut River Valley sions have substantially expanded and pub- protect and enhance their rich cultural through the Connecticut River Joint lished updates via the Connecticut River history, economic vitality, and the en- Commissions. The act would also assist Recreation Management Plan and the Water vironmental integrity of the river. local communities with cultural herit- Resources Management Plan to guide public From its origin in the mountains of and private activities in the watershed; age outreach and education programs (9) through a joint legislative resolution, northern New Hampshire, the Con- while enriching the recreational activi- the legislatures of the States of Vermont and necticut River runs over 400 miles and ties already active in the Connecticut New Hampshire have requested that Con- eventually empties into Long Island River Watershed of Vermont and New gress provide for continuation of cooperative Sound. The river forms a natural Hampshire. partnerships and that Federal agencies sup- boundary between my home state of Lastly, the bill will require that the port the Connecticut River Joint Commis- Vermont and New Hampshire, and Secretary of the Interior establish a sions in carrying out the recommendations travels through the States of Massa- Connecticut River Grants and Tech- of the Connecticut River Corridor Manage- chusetts and Connecticut. The river nical Assistance Program to help local ment Plan; and surrounding valley have long community groups develop new (10) this Act effectuates certain recommendations of the Connecticut River Cor- shaped and influenced development in projects as well as build on existing ridor Management Plan that are most appro- the New England region. This river is ones to enhance the river basin. priately directed by the States through the one of America’s earliest developed riv- In the future, I hope this bill will Connecticut River Joint Commissions, with ers, with European settlements going help bring renewed recognition and in- assistance from the National Park Service back over 350 years. The industrial rev- creased efforts to conserve the Con- and the United States Fish and Wildlife olution blossomed in the Connecticut necticut River as one of our Nation’s Service; and River Valley, supported by new tech- great natural and economic resources. (11) where implementation of those rec- nologies such as canals and mills run Mr. President, I ask unanimous con- ommendations involves partnership with by hydropower. sent that the text of the bill be printed local communities and organizations, sup- I am pleased that the entire Senate port for the partnership should be provided in the RECORD. by the Secretary. delegations from Vermont and New There being no objection, the text of Hampshire have cosponsored this bill. the bill was ordered to be printed in (b) PURPOSE.—The purpose of this Act is to authorize the Secretary to provide to the For years our States have worked to- ECORD the R , as follwos: States of New Hampshire and Vermont (in- gether, to help communities on both S. 1117 cluding communities in those States), sides of the river develop local partner- Be it enacted by the Senate and House of Rep- through the Connecticut River Joint Com- ships to protect the Connecticut River resentatives of the United States of America in missions, technical and financial assistance valley of Vermont and New Hampshire. Congress assembled, for management of the River. SECTION 1. SHORT TITLE. While great improvements have been SEC. 3. DEFINITIONS. made to the river, its overall health re- This Act may be cited as the ‘‘Upper Con- mains threatened by water and air pol- necticut River Partnership Act’’. In this Act: (1) SECRETARY.—The term ‘‘Secretary’’ lution, habitat loss, hydroelectric SEC. 2. FINDINGS AND PURPOSE. (a) FINDINGS.—Congress finds that— means the Secretary of the Interior. dams, and invasive species. (1) the upper Connecticut River watershed (2) STATE.—The term ‘‘State’’ means— Historically, the people throughout in the States of New Hampshire and (A) the State of New Hampshire; or the Upper Connecticut River Valley Vermont is a scenic region of historic vil- (B) the State of Vermont. have functioned cooperatively and the lages located in a working landscape of SEC. 4. CONNECTICUT RIVER GRANTS AND TECH- river serves to unite Vermont and New farms, forests, and the mountainous head- NICAL ASSISTANCE PROGRAM. Hampshire communities economically, waters and broad fertile floodplains of New (a) IN GENERAL.—The Secretary shall es- culturally, and environmentally. England’s longest river, the Connecticut River; tablish a Connecticut River Grants and Citizens on both sides of the river Technical Assistance Program to provide know just how special this region is (2) the River provides outstanding fish and wildlife habitat, recreation, and hydropower grants and technical assistance to State and and have worked side by side for years local governments, nonprofit organizations, to protect it. Efforts have been under- generation for the New England region; (3) the upper Connecticut River watershed and the private sector to carry out projects way for some time to restore the At- has been recognized by Congress as part of for the conservation, restoration, and inter- lantic salmon fishery, protect threat- the Silvio O. Conte National Fish and Wild- pretation of historic, cultural, recreational, ened and endangered species, and sup- life Refuge, established by the Silvio O. and natural resources in the upper Con- port urban riverfront revitalization. Conte National Fish and Wildlife Refuge Act necticut River watershed. In 1989, Vermont and New Hampshire (16 U.S.C. 668dd note; Public Law 102–212); (b) CRITERIA.—The Secretary, in consulta- came together to create the Con- (4) the demonstrated commitment to stew- tion with the Connecticut River Joint Com- necticut River Joint Commissions—a ardship of the River by the citizens living in missions, shall develop criteria for deter- unique partnership between the states, the watershed led to the Presidential des- mining the eligibility of applicants for, and reviewing and prioritizing applications for, local businesses, all levels of Govern- ignation of the River as 1 of 14 American Heritage Rivers on July 30, 1998; grants or technical assistance under the pro- ment within the 2 States and citizens (5) the River is home to the bi-State Con- gram. from all walks of life. This partnership necticut River Scenic Byway, which was de- (c) COST-SHARING.— helps coordinate the efforts of towns, clared a National Scenic Byway by the De- (1) FEDERAL SHARE.—The Federal share of watershed managers and other local partment of Transportation in 2005 to foster the cost of carrying out a grant project groups to implement the Connecticut heritage tourism in the region; under subsection (a) shall not exceed 75 per- River Corridor Management Plan. This (6) each of the legislatures of the States of cent. Plan has become the blueprint for how Vermont and New Hampshire has established (2) NON-FEDERAL SHARE.—The non-Federal communities along the river can work a commission for the Connecticut River wa- share of the cost of a project may be pro- with one another with Vermont and tershed, and the 2 commissions, known col- vided in the form of an in-kind contribution lectively as the ‘‘Connecticut River Joint of services or materials. New Hampshire and with the federal Commissions’’— government to protect the river’s re- (A) have worked together since 1989; and SEC. 5. AUTHORIZATION OF APPROPRIATIONS. sources. (B) serve as the focal point and catalyst for There is authorized to be appropriated to The Upper Connecticut River Part- cooperation between Federal agencies, carry out this Act $1,000,000 for each fiscal nership Act would help carry out the States, communities, and citizens; year.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5824 CONGRESSIONAL RECORD — SENATE May 21, 2009 By Mr. HARKIN: schools a D grade. Now, I do not know NETT of Utah. This legislation author- S. 1121. A bill to amend part D of many parents who would find D grades izes cooperative action between west- title V of the Elementary and Sec- acceptable for their children. So why ern states and the U.S. Forest Service ondary Education Act of 1965 to pro- on Earth would we stand by while the or Bureau of Land Management to vide grants for the repair, renovation, state of the buildings in which our chil- complete forest and rangeland health and construction of elementary and dren learn are assigned such a grade? projects on private, State and Federal secondary schools, including early Despite the declining condition of lands. learning facilities at the elementary many public schools, federal grant Almost half of the land in Wyoming schools; to the Committee on Health, funding is generally not available to le- is managed by Federal agencies. Our Education, Labor, and Pensions. verage local spending. In fiscal year State has a long history of forestry, Mr. HARKIN. Mr. President, I rise 2001, in the Senate Labor, Health and grazing and multiple use of public today to introduce the School Building Human Services, and Education Appro- lands. Recreation and tourism on our Fairness Act of 2009. I offer this legisla- priations Subcommittee, which I then public lands is a pillar of our economy. tion to meet the urgent need for Fed- chaired, I was able to secure $1.2 billion The people of Wyoming are proud stew- eral support to repair crumbling for school repair and renovation. I con- ards of our public lands and our state schools in disadvantaged and rural tinue to hear nothing but positive feed- depends on the public lands for our fu- school districts. back from educators across the coun- ture. This bill would authorize up to $6 bil- try about that funding. It is my goal to enact common-sense lion annually to fund a new program of But that one-time investment policies to address the management Federal grants to States for the repair, amounted to nothing more than a drop needs of our Federal lands. Wyoming renovation, and construction of public in the bucket compared to the esti- forests, like those of all states across schools. States would award the grants mated national need. At the beginning the West, are facing management chal- competitively, with priority given to of this decade, the National Center for lenges. We have an opportunity to high-poverty and rural school districts, Education Statistics estimated that meet those challenges with policies as well as school districts that plan to the nation’s K–12 public schools needed that encourage forest and rangeland make their facilities more energy effi- $127 billion in repairs and upgrades. A health. Preventing forest fires, remov- cient and environmentally friendly. 2008 analysis by the American Federa- ing invasive species, addressing water- Districts receiving this federal funding tion of Teachers found that the Na- shed health and conserving wildlife would then be required to provide a tion’s school infrastructure needs total habitat require ‘‘big picture’’ thinking. local match. an estimated $254.6 billion. We have to address these threats at the I know this approach to school con- This bill is called the School Build- landscape level. Resource challenges do not stop at struction and repair can work because ing Fairness Act because, as I said, fencelines, and neither should our pol- this bill is modeled on the success of States will give preference in awarding the Iowa Demonstration and Construc- icy. grants to high-poverty and rural dis- The Good Neighbor Forestry Act tion Grant Program in my home State. tricts. Currently, spending on school would set in place a cooperative man- Over the last decade, I have secured facilities is almost twice as high in af- agement policy. This act would allow $121 million in Federal funds that more fluent districts as in disadvantaged dis- the State of Wyoming to go forward than 300 school districts across Iowa tricts. This is one of those ‘‘savage in- with forest and rangeland health have used for school construction and equalities’’ that Jonathan Kozol writes projects as agreed to by the U.S. Forest repair. This modest Federal investment about—inequalities that largely ex- Service or Bureau of Land Manage- has leveraged more than $600 million in plain the learning gap between affluent ment. With this authority, the agen- additional local funding. and poor children. cies can cooperatively pursue projects In addition to improving the learning Something is seriously wrong when that address landscape-level needs. environment for students, the School children go to modern, gleaming shop- This authority would provide on-the- Building Fairness Act will provide a ping malls and sports arenas, but at- ground management that our private, stimulus to the economy by creating tend public schools with crumbling State, and Federal lands desperately jobs in thousands of communities all walls and leaking roofs. This sends ex- need. across the country for workers in the actly the wrong message to children I am pleased to introduce this legis- construction industry, as well as archi- about our priorities as adults. lation today. It is of great importance tects and engineers. With the School Building Fairness to the people of Wyoming, and public It will also spur school districts to Act, we have a chance to get our prior- land communities across the West. I make their facilities more environ- ities right, and to provide a desperately hope the U.S. Senate will proceed mentally friendly and energy-efficient. needed boost to school districts all quickly with its passage to enhance According to the 2006 report ‘‘Greening across America. western states’ response to growing America’s Schools: Costs and Bene- I hope that my colleagues will join management challenges. fits,’’ green schools use an average of 33 me to help create safe, modern, and The people of Wyoming demand on- percent less energy than convention- healthy school environments so all of the-ground results. This legislation can ally built schools, and generate finan- our children can grow to be the leaders deliver those results. I hope we can cial savings of about $70 per square of tomorrow. pass it expediently. foot. Mr. President, I ask unanimous Safe, modern, healthy school build- By Mr. BARRASSO (for himself, cnsent that the text of the bill be ings are essential to creating an envi- Mr. JOHNSON, Mr. UDALL of Col- printed in the RECORD. ronment where students can reach orado, Mr. BENNET, Mr. RISCH, There being no objection, the text of their academic potential. Yet too many and Mr. BENNETT: the bill was ordered to be printed in students in the U.S., particularly those S. 1122. A bill to authorize the Sec- the RECORD, as follows: most at risk of being left behind, at- retary of Agriculture and the Sec- S. 1122 tend school in facilities that are old, retary of the Interior to enter into co- Be it enacted by the Senate and House of Rep- overcrowded and run-down. operative agreements with State for- resentatives of the United States of America in We all agree that school infrastruc- esters authorizing State foresters to Congress assembled, ture requires constant maintenance. provide certain forest, rangeland, and SECTION 1. SHORT TITLE. Unfortunately, far too many schools watershed restoration and protection This Act may be cited as the ‘‘Good Neigh- have been forced to neglect ongoing services; to the Committee on Agri- bor Forestry Act’’. issues, most likely due to lack of funds, culture, Nutrition, and Forestry. SEC. 2. DEFINITIONS. which can lead to health and safety Mr. BARRASSO. Mr. President, I am In this Act: (1) ELIGIBLE STATE.—The term ‘‘eligible problems for students, educators and proud to introduce the Good Neighbor State’’ means a State that contains National staff. The most recent Infrastructure Forestry Act today along with my Sen- Forest System land or Bureau of Land Man- Report Card issued by the American ators JOHNSON, UDALL of Colorado, agement land located west of the 100th me- Society of Civil Engineers gives public BENNET of Colorado, RISCH, and BEN- ridian.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5825 (2) SECRETARY.—The term ‘‘Secretary’’ sas and Missouri to introduce the Medi- cies to close their doors altogether. means— care Rural Home Health Payment Fair- Many home health agencies operating (A) the Secretary of Agriculture, with re- ness Act to reinstate the 5 percent add- in rural areas are the only home health spect to National Forest System land; or on payment for home health services in providers in large geographic areas. If (B) the Secretary of the Interior, with respect to Bureau of Land Management land. rural areas that expired on January 1, any of these agencies were forced to (3) STATE FORESTER.—The term ‘‘State for- 2007. close, the Medicare patients in that re- ester’’ means the head of a State agency Home health has become an increas- gion could lose all of their access to with jurisdiction over State forestry pro- ingly important part of our health care home care. grams in an eligible State. system. The kinds of highly skilled— The legislation we are introducing SEC. 3. COOPERATIVE AGREEMENTS AND CON- and often technically complex—serv- today will extend the rural add-on for 5 TRACTS. ices that our Nation’s home health years and help to ensure that Medicare (a) IN GENERAL.—The Secretary may enter caregivers provide have enabled mil- patients in rural areas continue to into a cooperative agreement or contract lions of our most frail and vulnerable have access to the home health serv- (including a sole source contract) with a State forester to authorize the State forester older and disabled citizens to avoid ices they need. I urge all of our col- to provide the forest, rangeland, and water- hospitals and nursing homes and stay leagues to join us as cosponsors. shed restoration and protection services de- just where they want to be—in the scribed in subsection (b) on National Forest comfort and security of their own By Mr. DURBIN: System land or Bureau of Land Management homes. I have accompanied several of S. 1125. A bill to amend the National land, as applicable, in the eligible State. Maine’s caring home health nurses on Voter Registration Act of 1993 to pro- (b) AUTHORIZED SERVICES.—The forest, their visits to some of their patients. I vide for the treatment of institutions rangeland, and watershed restoration and have seen first hand the difference that of higher education as voter registra- protection services referred to in subsection they are making for Maine’s elderly. tion agencies; to the Committee on (a) include the conduct of— Rules and Administration. (1) activities to treat insect infected trees; Surveys have shown that the delivery of home health services in rural areas Mr. DURBIN. Mr. President, I ask (2) activities to reduce hazardous fuels; and unanimous consent that the text of the (3) any other activities to restore or im- can be as much as 12 to 15 percent more prove forest, rangeland, and watershed costly because of the extra travel time bill be printed in the RECORD. health, including fish and wildlife habitat. required to cover long distances be- There being no objection, the text of (c) STATE AS AGENT.—Except as provided in tween patients, higher transportation the bill was ordered to be printed in subsection (f), a cooperative agreement or expenses, and other factors. Because of the RECORD, as follows: contract entered into under subsection (a) the longer travel times, rural care- S. 1125 may authorize the State forester to serve as Be it enacted by the Senate and House of Rep- the agent for the Secretary in providing the givers are unable to make as many visits in a day as their urban counter- resentatives of the United States of America in restoration and protection services author- Congress assembled, parts. The executive director of the ized under subsection (a). SECTION 1. SHORT TITLE. (d) SUBCONTRACTS.—In accordance with ap- Visiting Nurses of Aroostook in North- This Act may be cited as the ‘‘Student plicable contract procedures for the eligible ern Maine, where I am from, tells me Voter Opportunity To Encourage Registra- State, a State forester may enter into sub- her agency covers 6,600 square miles tion Act of 2009’’ or the ‘‘Student VOTER contracts to provide the restoration and pro- with a total population of only 73,000. Act of 2009’’. tection services authorized under a coopera- This agency’s costs are understandably SEC. 2. TREATMENT OF UNIVERSITIES AS VOTER tive agreement or contract entered into REGISTRATION AGENCIES. under subsection (a). much higher than other agencies due (a) IN GENERAL.—Section 7(a) of the Na- (e) TIMBER SALES.—Subsections (d) and (g) to the long distances the staff must drive to see clients. Moreover, the staff tional Voter Registration Act of 1993 (42 of section 14 of the National Forest Manage- U.S.C. 1973gg–5(a)) is amended— ment Act of 1976 (16 U.S.C. 472a) shall not is not able to see as many patients due (1) in paragraph (2)— apply to services performed under a coopera- to time on the road. (A) by striking ‘‘and’’ at the end of sub- tive agreement or contract entered into Agencies in rural areas are also fre- paragraph (A); under subsection (a). quently smaller than their urban coun- (B) by striking the period at the end of (f) RETENTION OF NEPA RESPONSIBIL- terparts, which means that their rel- subparagraph (B) and inserting ‘‘; and’’; and ITIES.—Any decision required to be made ative costs are higher. Smaller agen- (C) by adding at the end the following new under the National Environmental Policy cies with fewer patients and fewer vis- subparagraph: Act of 1969 (42 U.S.C. 4321 et seq.) with re- ‘‘(C) each institution of higher education spect to any restoration and protection serv- its mean that fixed costs, particularly those associated with meeting regu- (as defined in section 101 of the Higher Edu- ices to be provided under this Act by a State cation Act of 1965 (20 U.S.C. 1001)) in the forester on National Forest System land or latory requirements, are spread over a State that receives Federal funds.’’; and Bureau of Land Management land, as appli- much smaller number of patients and (2) in paragraph (6)(A), by inserting ‘‘or, in cable, shall not be delegated to a State for- visits, increasing overall per-patient the case of an institution of higher edu- ester or any other officer or employee of the and per-visit costs. cation, with each registration of a student eligible State. Moreover, in many rural areas, home for enrollment in a course of study’’ after (g) APPLICABLE LAW.—The restoration and health agencies are the primary care- ‘‘assistance,’’. protection services to be provided under this (b) AMENDMENT TO HIGHER EDUCATION ACT Act shall be carried out on a project-to- givers for homebound beneficiaries with limited access to transportation. OF 1965.—Section 487(a) of the Higher Edu- project basis under existing authorities of cation Act of 1965 (20 U.S.C. 1094(a)) is the Forest Service or Bureau of Land Man- These rural patients often require more amended by striking paragraph (23). agement, as applicable. time and care than their urban coun- SEC. 4. TERMINATION OF EFFECTIVENESS. terparts, and are understandably more By Mr. REID: (a) IN GENERAL.—The authority of the Sec- expensive for agencies to serve. If the S. 1126. A bill to require the Director retary to enter into cooperative agreements extra rural payment is not extended, of National Intelligence to submit a re- and contracts under this Act terminates on agencies may be forced to make deci- port to Congress on retirement benefits September 30, 2018. sions not to accept rural patients with for former employees of Air America (b) CONTRACT DATE.—The termination date of a cooperative agreement or contract en- greater care needs. That could trans- and for other purposes; to the Select tered into under this Act shall not extend be- late into less access to health care for Committee on Intelligence. yond September 30, 2019. ill, homebound seniors. The result Mr. REID. Mr. President, it has been would likely be that these seniors said that ‘‘The nation which forgets its By Ms. COLLINS (for herself, would be hospitalized more frequently defenders will itself be forgotten.’’ I be- Mrs. LINCOLN, and Mr. BOND): and would have to seek care in nursing lieve it. This is why I rise today to S. 1123. A bill to provide for a five- homes, adding considerable cost to the again introduce legislation to help cor- year payment increase under the Medi- system. rect an injustice for those who have care program for home health services Failure to extend the rural add-on served our country in times of crisis. furnished in a rural area; to the Com- payment will only put more pressure Many people have never heard of Air mittee on Finance. on rural home health agencies that are America. This top-secret passenger and Ms. COLLINS. Mr. President, I rise already operating on very narrow mar- cargo airline was a Government cor- today with my colleagues from Arkan- gins and could force some of the agen- poration owned and operated by the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5826 CONGRESSIONAL RECORD — SENATE May 21, 2009 Central Intelligence Agency during the There being no objection, the text of such employment as Federal service for the Cold War. the bill was ordered to be printed in purpose of Federal retirement benefits in Forty-eight years ago, the first Air the RECORD, as follows: light of the relationship between Air Amer- ica and the associated companies and the America pilots were killed in covert S. 1126 military action in Laos. On May 30th, United States Government and the services Be it enacted by the Senate and House of Rep- and sacrifices of such employees to and for 1961, Charles Mateer and Walter resentatives of the United States of America in the United States. Wizbowski crashed their helicopter in Congress assembled, (B) If legislative action is considered advis- rugged terrain and unpredictable SECTION 1. SHORT TITLE. able under subparagraph (A), a proposal for weather while trying to land in order This Act may be cited as the ‘‘Air America such action and an assessment of its costs. to resupply besieged Hmong during the Veterans Act of 2009’’. (5) The opinions of the Director of the Cen- Cold War. SEC. 2. DEFINITIONS. tral Intelligence Agency, if any, on any mat- Air America employed several hun- In this Act: ters covered by the report that the Director dred U.S. citizens like Mr. Mateer and (1) AIR AMERICA.—The term ‘‘Air America’’ of the Central Intelligence Agency considers Wizbowski to conduct covert missions means Air America, Incorporated. appropriate. (c) ASSISTANCE OF COMPTROLLER GEN- throughout the Cold War. During the (2) ASSOCIATED COMPANY.—The term ‘‘associated company’’ means any entity associ- ERAL.—The Comptroller General of the Vietnam War, they carried nearly United States shall, upon the request of the 12,000 government-sponsored pas- ated with, predecessor to, or subsidiary to Air America, including Air Asia Company Director of National Intelligence and in a sengers each month including troops Limited, CAT Incorporated, Civil Air Trans- manner consistent with the protection of classified information, assist the Director in and refugees. During the final days of port Company Limited, and the Pacific Divi- the preparation of the report required by the Vietnam war, Air America heli- sion of Southern Air Transport during the subsection (a). copters evacuated some 41,000 Ameri- period when such an entity was owned and (d) FORM.—The report required by sub- cans, diplomats and friendly Viet- controlled by the United States Government. section (a) shall be submitted in unclassified namese. Throughout the Cold War, nu- SEC. 3. REPORT ON RETIREMENT BENEFITS FOR form, but may include a classified annex. merous Air Force and Navy pilots were FORMER EMPLOYEES OF AIR AMER- saved by heroic Air America helicopter ICA. By Mr. DURBIN (for himself and (a) IN GENERAL.—Not later than 180 days rescue missions after being shot down Mr. BURR): after the date of the enactment of this Act, S. 1129. A bill to authorize the Sec- behind enemy lines. the Director of National Intelligence shall Air America personnel paid a costly submit to Congress a report on the advis- retary of Education to award grants to burden to run these dangerous mis- ability of providing Federal retirement bene- local educational agencies to improve sions. Sadly, at least 86 American pi- fits to United States citizens for the service college enrollment; to the Committee lots were killed in action while oper- of such citizens prior to 1977 as employees of on Health, Education, Labor, and Pen- ating aircraft for our Government. In Air America or an associated company dur- sions. all, Air America had 240 pilots and ing a period when Air America or the associ- Mr. DURBIN. Mr. President, an edu- crewmembers killed in action. ated company was owned or controlled by cated workforce is crucial to the suc- In order to be able to conduct these the United States Government and operated cess of the American economy. A re- high-risk missions, Air America oper- or managed by the Central Intelligence cent report from the consulting firm Agency. ations were conducted by the CIA with McKinsey, ‘‘The Economic Impact of (b) REPORT ELEMENTS.—The report restrict secrecy. The Government owner- quired by subsection (a) shall include the fol- the Achievement Gap in America’s ship of the company was never ac- lowing: Schools,’’ concludes that if America knowledged at the time and was not (1) The history of Air America and the as- had raised the educational attainment known to the public. Only a small sociated companies prior to 1977, including a of our students to those of high-per- number of officials were aware that, as description of— forming nations like Finland and employees of the CIA, Air America per- (A) the relationship between Air American South Korea between 1983 and 1998, sonnel were entitled to standard bene- and the associated companies and the Cen- U.S. G.D.P. in 2008 would have been be- fits provided to Federal employees. tral Intelligence Agency or any other ele- tween $1.3 trillion and $2.3 trillion Despite their heroic service to our ment of the United States Government; (B) the workforce of Air America and the higher than it is today. If the gap be- nation, Air America employees are now associated companies; tween low-income American students being neglected by our Government. (C) the missions performed by Air America, and American students of higher means Frustrated by Federal intransience the associated companies, and their employ- had been narrowed, G.D.P. in 2008 and bureaucracy, former Air America ees for the United States; and would have been $400 billion to $670 bil- employees from Nevada came to me (D) the casualties suffered by employees of lion higher. and requested congressional assistance Air America and the associated companies in If we want to be economically com- to help them obtain Federal civil serv- the course of their employment. petitive and avoid future recessions, we ice retirement benefits. (2) A description of— need to close the achievement gap in Today, the legislation I am intro- (A) the retirement benefits contracted for education for all Americans. In his ducing helps move us closer to cor- or promised to the employees of Air America and the associated companies prior to 1977; first speech to Congress, President recting this injustice. (B) the contributions made by such em- Obama set a goal of having the highest Mr. President, the ‘‘Air America Vet- ployees for such benefits; college graduation rate in the world by eran’s Act’’ recognizes these employees (C) the retirement benefits actually paid 2020. Too many students are not receiv- by requiring the Director of National such employees; ing a college education, and we will Intelligence to submit a report to Con- (D) the entitlement of such employees to have to do far better to reach the gress about the number of Air America the payment of future retirement benefits; President’s goal. beneficiaries and the benefits owed to and Of students who were in eighth grade them. This report is critical because it (E) the likelihood that such employees will in 2000, only 20 percent of the lowest- will provide the justification Congress receive any future retirement benefits. (3) An assessment of the difference be- income students will earn a college de- needs to ensure that these veterans are tween— gree by 2012, compared to 68 percent of treated equitably and fairly by their (A) the retirement benefits that former the highest income group. Every stu- Government. employees of Air America and the associated dent who wants to go to college should I encourage all of my colleagues to companies have received or will receive by have that opportunity, and we should join me in cosponsoring this important virtue of their employment with Air Amer- provide them with the tools they need. legislation to correct this injustice. ica and the associated companies; and Today, I am introducing the Path- These great Americans have earned (B) the retirement benefits that such em- ways to College Act with Senator these benefits and the gratitude of a ployees would have received or be eligible to BURR, which creates grants for school thankful Nation. Now is our chance to receive if such employment was deemed to districts to help them increase the be employment by the United States Govern- honor their service and begin recog- ment and their service during such employ- number of low-income students who nizing their sacrifices. ment was credited as Federal service for the are entering and succeeding in college. Mr. Presdient, I ask unanimous con- purpose of Federal retirement benefits. Lack of guidance and information sent that the text of the bill be printed (4)(A) Any recommendations regarding the about college has a real effect on stu- in RECORD. advisability of legislative action to treat dents in poor schools. The Consortium

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5827 on Chicago School Research released a prevents a student from achieving his from these backgrounds have access to fewer report last year, ‘‘Potholes on the Road or her college dream. college application resources and financial to College,’’ that looks at the difficul- Mr. President, I ask unanimous con- aid resources than other groups, and are less ties Chicago Public School students sent that the text of the bill be printed likely to fulfill their postsecondary plans as face during the college application in the RECORD. a result. (9) College preparation intervention pro- process. The Consortium discovered There being no objection, the text of the bill was ordered to be printed in grams can double the college-going rates for that only 41 percent of Chicago Public at-risk youth, can expand students’ edu- School students who wanted to go to the RECORD, as follows: S. 1129 cational aspirations, and can boost college college took the steps necessary to enrollment and graduation rates. apply to and enroll in a 4-year college. Be it enacted by the Senate and House of Rep- resentatives of the United States of America in SEC. 3. GRANT PROGRAM. Only one-third of students enrolled in a Congress assembled, (a) DEFINITIONS.—In this Act: college that matched their qualifica- SECTION 1. SHORT TITLE. tions. Of the students who had the This Act may be cited as the ‘‘Pathways to (1) COLLEGE-GOING RATE.—The term ‘‘col- grades and test scores to attend a se- College Act’’. lege-going rate’’ means the percentage of lective college, 29 percent went to a SEC. 2. FINDINGS. high school graduates who enroll at an institution of higher education in the school year community college or skipped college Congress finds the following: (1) An educated workforce is crucial to the immediately following graduation from high entirely. success of the United States economy. Ac- school. The Pathways to College Act would cess to higher education for all students is (2) ELIGIBLE LOCAL EDUCATIONAL AGENCY.— create a grant program for school dis- critical to maintaining an educated work- The term ‘‘eligible local educational agency’’ tricts serving low-income students to force. More than 80 percent of the 23,000,000 means a local educational agency in which a increase their college-enrollment rates. jobs that will be created in the next 10 years majority of the high schools served by the The Consortium’s ‘‘Potholes’’ report will require postsecondary education. Only agency are high-need high schools. found that the most important factor 36 percent of all 18- to 24-year olds are cur- (3) HIGH-NEED HIGH SCHOOL.—The term in whether students enroll in a four- rently enrolled in postsecondary education. ‘‘high-need high school’’ means a high school year college is if they attended a (2) Workers with bachelor’s degrees earn on in which not less than 50 percent of the stu- school where teachers create a strong average $17,000 more annually than workers dents enrolled in the school are— with only high school diplomas. Workers (A) eligible to receive a free or reduced college-going culture and help students who earn bachelor’s degrees can be expected with the process of applying. The Path- price lunch under the Richard B. Russell Na- to earn $1,000,000 more over a lifetime than tional School Lunch Act (42 U.S.C. 1751 et ways to College Act would provide the those who only finished high school. seq.); funding to help school districts im- (3) In order to prepare students for college, (B) eligible to be counted under section prove the college-going culture in all schools should— 1124(c) of the Elementary and Secondary schools and guide students through the (A) provide student guidance to engage Education Act of 1965 (20 U.S.C. 6333(c)); or college admissions process. students in college and career awareness; (C) in families eligible for assistance under The Pathways to College Act pro- and the State program funded under part A of vides flexibility to school districts to (B) ensure that students enroll in a rig- title IV of the Social Security Act (42 U.S.C. achieve higher college enrollment orous curriculum to prepare for postsec- 601 et seq.). ondary education. rates, but requires that each school ac- (4) HIGH SCHOOL.—The term ‘‘high school’’ (4) The Department of Education reports means a nonprofit institutional day or resi- curately track their results so we can that the average student-to-counselor ratio learn from what works. Chicago Public dential school, including a public charter in high schools is 315:1. This is far higher high school, that provides high school edu- Schools is doing a great job—both in than the ratio recommended by the Amer- cation, as determined under State law. tackling the problem and in docu- ican School Counselor Association, which is (5) HIGH SCHOOL GRADUATION RATE.—The menting progress. Under the leadership 250:1. While school counselors at private term ‘‘high school graduation rate’’— of Arne Duncan, Chicago Public schools spend an average of 58 percent of (A) means the percentage of students who Schools responded aggressively to the their time on postsecondary education coun- graduate from high school with a regular di- ‘‘Potholes’’ report. seling, school counselors in public schools ploma in the standard number of years; and A team of postsecondary coaches spend an average of 25 percent of their time (B) is clarified in section 200.19(b)(1) of title on postsecondary education counseling. 34, Code of Federal Regulations. were deployed in high schools to work (5) While just 57 percent of students from (6) INSTITUTION OF HIGHER EDUCATION.—The with students and counselors. To en- the lowest income quartile enroll in college, term ‘‘institution of higher education’’ has sure that financial aid is not a road- 87 percent of students from the top income the meaning given the term in section 101(a) block, FAFSA completion rates are quartile enroll. Of students who were in of the Higher Education Act of 1965 (20 U.S.C. tracked so that counselors can follow- eighth grade in 2000, only 20 percent of the 1001(a)). up with students. A spring-break col- lowest-income students are projected to at- (7) LOCAL EDUCATIONAL AGENCY.—The term tain a bachelor’s degree by 2012, compared to lege tour took 500 students to see col- ‘‘local educational agency’’ has the meaning 68 percent of the highest income group, ac- leges across the country. Because Chi- given the term in section 9101 of the Elemen- cording to the Advisory Committee on Stu- cago Public Schools tracks its college tary and Secondary Education Act of 1965 (20 dent Financial Assistance in 2006. enrollment rates, we know that their (6) A recent report by the Consortium on U.S.C. 7801). efforts are working. Chicago School Research found that only 41 (8) PARENT.—The term ‘‘parent’’ has the Half of the 2007 graduating class en- percent of Chicago public school students meaning given the term in section 9101 of the rolled in college, an increase of 6.5 per- who aspire to go to college took the steps Elementary and Secondary Education Act of cent in 4 years. The national increase necessary to apply to and enroll in a 4-year 1965 (20 U.S.C. 7801). was less than 1 percent in the same institution of higher education. The report (9) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Education. time-frame. Nationally, the number of also reveals that only 1⁄3 of Chicago students African-American graduates going to who want to attend a 4-year institution of (b) COMPETITIVE GRANTS TO ELIGIBLE LOCAL college has decreased by 6 percent over higher education enroll in a school that EDUCATIONAL AGENCIES.—The Secretary is the last 4 years while the Chicago rate matches their qualifications. Even among authorized to award grants, on a competitive students qualified to attend a selective col- has increased by almost 8 percent. basis, to eligible local educational agencies Applying to college is not easy. Low- lege, 29 percent enrolled in a community col- to carry out the activities described in this lege or did not enroll at all. section. income students often need the most (7) The Consortium found that many Chi- help to achieve their college dreams. cago public school students do not complete (c) DURATION.—Grants awarded under this When schools focus on college and pro- the Free Application for Federal Student section shall be 5 years in duration. vide the tools to get there, students Aid, even though students who apply for (d) DISTRIBUTION.—In awarding grants make the connection between the work Federal financial aid are 50 percent more under this section, the Secretary shall en- they are doing now and their future likely to enroll in college. Sixty-five percent sure that the grants are distributed among goals in college and life. Students in of public secondary school counselors at low- the different geographic regions of the income schools believe that students and those schools are more likely enroll in United States, and among eligible local edu- parents are discouraged from considering college and are also more likely to college as an option due to lack of knowledge cational agencies serving urban and rural work hard in high school to be pre- about financial aid. areas. pared for college when they arrive. The (8) Low-income and first-generation fami- (e) APPLICATIONS.— bill we are introducing today tries to lies often overestimate the cost of tuition (1) IN GENERAL.—Each eligible local edu- ensure that lack of information never and underestimate available aid; students cational agency desiring a grant under this

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section shall submit an application to the (1) IN GENERAL.—An eligible local edu- (C) increase the number of school coun- Secretary at such time, in such manner, and cational agency that receives a grant under selors who specialize in the college-going accompanied by such information as the Sec- this section shall develop and implement, or process serving students; retary may reasonably require. expand, a program to increase the number of (D) train student leaders to assist in the (2) CONTENTS.—Each application submitted low-income students who enroll in postsec- creation of a college-going culture in their under paragraph (1) shall include a descrip- ondary educational institutions, including schools; tion of the program to be carried out with institutions with competitive admissions (E) establish partnerships with programs grant funds and— criteria. funded under chapters 1 and 2 of subpart 2 of (A) a detailed description of the high (2) REQUIRED USE OF FUNDS.—Each program part A of title IV of the Higher Education school population to be targeted by the pro- funded under this section shall— Act of 1965 (20 U.S.C. 1070a–11 et seq. and gram, the particular college-access needs of (A) provide professional development to 1070a–21 et seq.)), and with community and such population, and the resources available high school teachers and school counselors nonprofit organizations to increase college- for meeting such needs; in postsecondary education advising; going rates at high schools served by the eli- (B) measurable objectives of the program, (B) implement a comprehensive college gible local educational agency; including goals for increasing the number of guidance program for all students in a high (F) provide long-term postsecondary follow college applications submitted by each stu- school served by an eligible local educational up with graduates of the high schools served dent and the number of students submitting agency under this section that— by the eligible local educational agencies, in- applications, increasing Free Application for (i) ensures that all students and their par- cluding increasing alumni involvement in Federal Student Aid completion rates, and ents, are regularly notified throughout the mentoring and advising roles within the high increasing school-wide college-going rates students’ time in high school, beginning in school; and across the local educational agency; the first year of high school, of— (G) deliver college and career planning cur- (C) a description of the local educational (I) high school graduation requirements; riculum as a stand-alone course, or embed- agency’s plan to work cooperatively, where (II) college entrance requirements; ded in other classes, or delivered through the applicable, with programs funded under (III) the economic and social benefits of guidance curriculum by the school counselor chapters 1 and 2 of subpart 2 of part A of title higher education; for all students in high school. IV of the Higher Education Act of 1965 (20 (IV) college expenses, including informa- (h) SUPPLEMENT, NOT SUPPLANT.—Funds U.S.C. 1070a–11 et seq. and 1070a–21 et seq.), tion about expenses by institutional type, made available under this section shall be including the extent to which the agency differences between sticker price and net used to supplement, and not supplant, other commits to sharing facilities, providing ac- price, and expenses beyond tuition; and Federal, State, and local funds available to carry out the activities described in this sec- cess to students, and developing compatible (V) the resources for paying for college, in- tion. record-keeping systems; cluding the availability, eligibility, and vari- (D) a description of the activities, services, (i) TECHNICAL ASSISTANCE.—The Secretary, ety of financial aid; directly or through contracting through a and training to be provided by the program, (ii) provides assistance to students in reg- including a plan to provide structure and full and open process with 1 or more organi- istering for and preparing for college en- zations that have demonstrated experience support for all students in the college search, trance tests; planning, and application process; providing technical assistance to raise (iii) provides one-on-one guidance and as- school-wide college-going rates in local edu- (E) a description of the methods to be used sistance to students in applying to an insti- cational agencies in not less than 3 States, to evaluate the outcomes and effectiveness tution of higher education and in applying shall provide technical assistance to grant- of the program; for Federal financial aid assistance and other ees in carrying out this section. The tech- (F) an assurance that grant funds will be State, local, and private financial aid assist- nical assistance shall— used to supplement, and not supplant, any ance and scholarships; (1) provide assistance in the calculation other Federal, State, or local funds available (iv) provides opportunities for students to and analysis of college-going rates for all to carry out activities of the type carried explore postsecondary opportunities outside grant recipients; out under the grant; of the school setting, such as college fairs, (2) provide semi-annual analysis to each (G) an explanation of the method used for career fairs, college tours, workplace visits, grant recipient recommending best practices calculating college enrollment rates for each or other similar activities; and based on a comparison of the recipient’s data high school served by the eligible local edu- (v) provides not less than 1 meeting for with that of high schools with similar demo- cational agency that is based on externally each student, not later than the first semes- graphics; and verified data, and, when possible, aligned ter of the first year of high school, with a (3) provide annual best practices con- with existing State or local methods; school counselor, college access personnel ferences for all grant recipients. (H) a plan to make the program sustain- (including personnel involved in programs (j) REPORTING REQUIREMENTS.—Each eligi- able over time, including the use of match- funded under chapters 1 and 2 of subpart 2 of ble local educational agency receiving a ing funds from non-Federal sources; and part A of title IV of the Higher Education grant under this section shall collect and re- (I) a description of the local educational Act of 1965 (20 U.S.C. 1070a–11 et seq. and port annually to the Secretary such informa- agency’s plan to work cooperatively, where 1070a–21 et seq.)), trained teacher, or other tion for the local educational agency and for applicable, with the program funded under professional or organization, such as a com- each high school assisted under this section part H of title VIII of the Higher Education munity-based organization, approved by the on the results of the activities assisted under Act of 1965 (20 U.S.C. 1161h et seq.), including school, to discuss postsecondary options, the grant as the Secretary may reasonably the extent to which the agency commits to outline postsecondary goals, and create a require, including information on— using and leveraging— plan to achieve those goals, and provides not (1) the number and percentage of students (i) the needs assessment and recommenda- less than 2 meetings in each year to discuss who enroll in an institution of higher edu- tions; progress on the plan; cation in the school year immediately fol- (ii) the model for measuring college enroll- (C) ensure that each high school served by lowing the students’ high school graduation ment; and the eligible local educational agency devel- as measured by externally verified school- (iii) comprehensive services. ops a comprehensive, school-wide plan of ac- wide college enrollment data; (3) METHOD OF CALCULATING ENROLLMENT tion to strengthen the college-going culture (2) the number and percentage of students RATES.— within the high school; and who graduate from high school on time with (A) IN GENERAL.—A method included in an (D) create or maintain a postsecondary ac- a regular high school diploma; application under paragraph (2)(G)— cess center in the school setting that pro- (3) the number and percentage of students, (i) shall, at a minimum, track students’ vides information on colleges and univer- at each grade level, who are on track to first-time enrollment in institutions of high- sities, career opportunities, and financial aid graduate from high school on time and with er education; and options and provide a setting in which pro- a regular high school diploma; (ii) may track progress toward completion fessionals working in college access pro- (4) the number and percentage of senior of a postsecondary degree. grams, such as those funded under chapters 1 high school students who apply to an institu- (B) DEVELOPMENT IN CONJUNCTION.—An eli- and 2 of subpart 2 of part A of title IV of the tion of higher education and the average gible local educational agency may develop a Higher Education Act of 1965 (20 U.S.C. 1070a– number of applications completed and sub- method pursuant to paragraph (2)(G) in con- 11 et seq. and 1070a–21 et seq.), can meet with mitted by students; junction with an existing public or private students. (5) the number and percentage of senior entity that currently maintains such a (3) ALLOWABLE USE OF FUNDS.—Each pro- high school students who file the Free Appli- method. gram funded under this section may— cation for Federal Student Aid forms; (f) SPECIAL CONSIDERATION.—In awarding (A) establish mandatory postsecondary (6) the number and percentage of students, grants under this section, the Secretary planning classes for high school students to in grade 10, who take early admissions as- shall give special consideration to applica- assist in the college preparation and applica- sessments, such as the PSAT; tions from eligible local educational agen- tion process; (7) the number and percentage of students, cies serving schools with the highest per- (B) hire and train postsecondary coaches in grades 11 and 12, who take the SAT or centages of poverty. with expertise in the college-going process to ACT, and the students’ mean scores on such (g) USE OF FUNDS.— supplement existing school counselors; assessments;

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At the same time, under an out- of their illness while saving taxpayers their freshman year at an institution of dated Medicaid provision called the money, is the kind of legislation I am higher education; (9) the number and percentage of students, IMD exclusion, adult Medicaid pa- proud to introduce. in grades 11 and 12, enrolled in not less than tients, 21–64, are not covered for inpa- The Independence at Home, or IAH, 2 of the following: tient psychiatric care in a freestanding Act comes at the perfect time. The (A) a dual credit course; or psychiatric hospital, but are covered in American people and the federal gov- (B) an Advanced Placement or Inter- a general hospital psychiatric unit. Yet ernment need to save money on health national Baccalaureate course; and both types of hospitals are required to care, while having more choices and (10) the number and percentage of students stabilize any patient—which may re- getting better results. This delivery who meet or exceed State reading or lan- quire hospitalization—who comes to model has a proven track record of guage arts, mathematics, or science stand- doing just this. Similar ‘‘house calls’’ ards, as measured by State academic assess- them for emergency care regardless of ments required under section 1111(b)(3) of the ability to pay. programs, currently operating across Elementary and Secondary Education Act of In order to correct this inequity, we the country, are reducing costs, im- 1965 (20 U.S.C. 6311(b)(3)). have introduced the Medicaid Emer- proving care quality, and helping peo- (k) REPORTING OF DATA.—Each eligible gency Psychiatric Care Demonstration ple remain independent as long as pos- local educational agency receiving a grant Project Act. This legislation would es- sible. This delivery model is also pro- under this section shall report to the Sec- tablish a 3-year, demonstration providing much needed relief to caregivers retary, where possible, the information required under subsection (j) disaggregated in gram capped at $75 million, which who are often juggling a full-time job the same manner as information is would allow states to apply for federal while caring for their very ill family disaggregated under section 1111(h)(1)(C)(i) of Medicaid matching funds to dem- member. This is medical care Ameri- the Elementary and Secondary Education onstrate that covering Medicaid pa- cans want and deserve. Act of 1965 (20 U.S.C. 6311(h)(1)(C)(i)). tients in freestanding, non-govern- It is not too often that health policy (l) EVALUATIONS BY GRANTEES.—Each eligi- mental psychiatric hospitals will im- has good outcome results before the ble local educational agency that receives a pilot program phase begins, but that is grant under this section shall— prove timely access to emergency psy- (1) conduct periodic evaluations of the ef- chiatric care, reduce the burden on exactly the case with the IAH Act. fectiveness of the activities carried out overcrowded emergency rooms, and im- Similar home health delivery models, under the grant toward increasing school- prove the efficiency and cost-effective- such as the Veterans Administration’s wide college-going rates; ness of inpatient psychiatric care. Our Home-Based Primary Care, Boston, (2) use such evaluations to refine and im- legislation helps alleviate a problem Massachusetts’ Urban Medical’s House prove activities conducted with the grant where patients with significant mental Calls Program, and Portland, Oregon’s and the performance measures for such ac- health needs are often forced to endure Housecall Providers have been so suc- tivities; and cessful in improving quality and reduc- (3) make the results of such evaluations prolonged stays in emergency rooms publicly available, including by providing and hospitals without the psychiatric ing costs, that our bill guarantees 5 public notice of such availability. attention they require. percent savings to Medicare. (m) REPORT.—From the amount appro- The measure is supported by 27 na- These successful home health pro- priated for any fiscal year, the Secretary tional healthcare organizations, in- grams have demonstrated that the op- shall reserve such sums as may be nec- cluding the National Alliance for the timal way to address the challenges of essary— Mentally Ill—the country’s largest ad- caring for persons with chronic condi- (1) to conduct an independent evaluation, tions is to better integrate their care by grant or by contract, of the programs car- vocacy organization for the mentally ried out under this section, which shall in- ill, the National Association of Psy- and to work with their caregivers. clude an assessment of the impact of the pro- chiatric Health Systems, the American Medical problems are best managed gram on high school graduation rates and Hospital Association, the Federation of and coordinated by health care profes- college-going rates; and American Hospitals, the American Psy- sionals who know their patients, their (2) to prepare and submit a report on the chiatric Association, the National As- problems, their medications, and their results of the evaluation described in para- sociation of County Behavioral other health care providers. Using this graph (1) to the Committee on Health, Edu- Healthcare Directors, the American approach, the Independence at Home cation, Labor, and Pensions of the Senate Act provides a better, more cost-effec- and the Committee on Education and Labor College of Emergency Physicians, and of the House of Representatives. the Emergency Nurses Association. tive way for Medicare patients with (n) AUTHORIZATION OF APPROPRIATIONS.— chronic conditions to get the care they There are authorized to be appropriated to By Mr. WYDEN (for himself, Mr. need. It further advances Medicare re- carry out this section such sums as may be BURR, Mr. WHITEHOUSE, and Mr. form by creating incentives for pro- necessary for fiscal year 2010 and each of the CARDIN): viders to develop better and lower cost 5 succeeding fiscal years. S. 1131. A bill to amend title XVIII of health care for the highest cost bene- the Social Security Act to provide cer- By Ms. SNOWE (for herself, Mr. ficiaries. tain high cost Medicare beneficiaries This bipartisan, bicameral bill would CONRAD, Mr. WYDEN, and Ms. suffering from multiple chronic condi- create a pilot program to improve in- COLLINS): S. 1130. A bill to provide for a dem- tions with access to coordinated, pri- home care availability for beneficiaries onstration project regarding Medicaid mary care medical services in lower with multiple chronic conditions. This reimbursements for stabilization of cost treatment settings, such as their is a win-win for all involved. It will emergency medical conditions by non- residences, under a plan of care devel- help people remain in their homes for publicly owned or operated institutions oped by a team of qualified and experi- longer periods of time, it will improve for mental diseases; to the Committee enced health care professionals; to the the quality of care, and physicians will on Finance. Committee on Finance. receive a bundled payment for coordi- Ms. SNOWE. Mr. President, today, I Mr. WYDEN. Mr. President, I am re- nating this care with a team of rise to introduce the Medicaid Emer- introducing the Independence at Home healthcare providers. gency Psychiatric Care Demonstration Act together with colleagues in the More specifically, the Independence Project Act. I am pleased to be joined Senate and the House. Mr. BURR, Mr. at Home Act establishes a two-phase by Senators CONRAD, WYDEN and COL- WHITEHOUSE, Mr. CARDIN and I are three-year Medicare pilot project that LINS in this effort. We are introducing proud to join forces with our House col- uses a patient-centered health care de- this legislation to address an unfair leagues, Mr. MARKEY, and his cospon- livery model to ensure that Medicare conflict in two Federal laws—the Insti- sor, Mr. SMITH, to move forward with beneficiaries with multiple chronic tution for Mental Diseases, IMD, Ex- this important legislation to provide a conditions can remain independent for clusion and The Emergency Medical coordinated team-based approach to as long as possible in a comfortable en- and Labor Treatment Act, EMTALA. primary care for chronically ill Medi- vironment. By incorporating lessons EMTALA requires all hospitals, in- care beneficiaries in their own homes. from past Medicare demonstration cluding freestanding psychiatric hos- Returning to basics like paying doctors projects and from current home health

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Sav- (7) The Independence at Home Act holds cian Assistants; The American Society providers accountable for improving bene- ings are generated by providing better of Consultant Pharmacists; The Na- ficiary outcomes, ensuring patient and care- care to Medicare beneficiaries with tional Family Caregivers Association; giver satisfaction, and achieving cost savings multiple chronic conditions and reduc- The Family Caregiver Alliance/Na- to Medicare on an annual basis. ing duplicative and unnecessary serv- tional Center on Caregiving; The Amer- (8) The Independence at Home Act creates ices, hospitalization, and other health ican Association of Homes and Services incentives for practitioners and providers to care costs. for the Aging; The Housecalls Doctors develop methods and technologies for pro- Persons eligible for the program in- of Texas; The Maryland-National Cap- viding better and lower cost health care to clude Medicare beneficiaries with func- the highest cost Medicare beneficiaries with ital Home Care Association; The Vis- the greatest incentives provided in the case tional impairments, two or more iting Nurse Associations of America; of highest cost beneficiaries. chronic health problems, and recent Housecall Providers, Inc. of Portland, (9) The Independence at Home Act contains use of other health services. Each IAH OR; Intel Corp.; The National Council the central elements of proven home-based patient will receive a comprehensive on Aging; U.S. PIRG; Massachusetts primary care delivery models that have been assessment at least annually. The as- Neurologic Society; Naples Health Care utilized for years by the Department of Vet- sessment will inform a plan for care Associates; Urban Medical House Calls erans Affairs and ‘‘house calls’’ programs across the country to deliver coordinated that is directed by an IAH physician, of Boston, MA; MD2U Doctors Who nurse-practitioner, or physician’s as- care for chronic conditions in the comfort of Make Housecalls (Louisville, KY); a patient’s home or place of residence. sistant. The plan is developed by an Wyeth Pharmaceuticals. SEC. 3. ESTABLISHMENT OF VOLUNTARY INDE- IAH plan coordinator in collaboration I urge all of my colleagues to support PENDENCE AT HOME CHRONIC with the patient and caregiver. Medica- this important legislation to help CARE COORDINATION PILOT tion management is provided by phar- PROJECT UNDER TRADITIONAL Medicare patients get better care at MEDICARE FEE-FOR-SERVICE PRO- macists due to their expertise in phar- lower cost. GRAM. macology, and electronic medical There being no objection, the text of (a) IN GENERAL.—Title XVIII of the Social records and health information tech- the bill was ordered to be printed in Security Act is amended— nology will be employed to improve pa- the RECORD, as follows; (1) by amending subsection (c) of section 1807 (42 U.S.C. 1395b–8) to read as follows: tient care and reduce costs. S. 1131 The two-phase pilot program will ‘‘(c) INDEPENDENCE AT HOME CHRONIC CARE Be it enacted by the Senate and House of Rep- COORDINATION PILOT PROJECT.—A pilot take place in the thirteen highest-cost resentatives of the United States of America in project for Independence at Home chronic states plus thirteen additional states. Congress assembled, care coordination programs for high cost After review of Phase I and the evalua- SECTION 1. SHORT TITLE. Medicare beneficiaries with multiple chronic tion report, the Secretary may elect to This Act may be cited as the ‘‘Independ- conditions is set forth in section 1807A.’’; and expand the program nationwide so it ence at Home Act of 2009’’. (2) by inserting after section 1807 the fol- could then become an ongoing benefit SEC. 2. FINDINGS. lowing new section: for Medicare beneficiaries. Congress makes the following findings: ‘‘INDEPENDENCE AT HOME CHRONIC CARE A shared-savings agreement incen- (1) According to the November 2007 Con- COORDINATION PILOT PROJECT tive program allows this innovative de- gressional Budget Office Long Term Outlook ‘‘SEC. 1807A. (a) IMPLEMENTATION.— livery model to attract and maintain for Health Care Spending, unless changes are ‘‘(1) IN GENERAL.—The Secretary shall pro- providers. The IAH organization will be made to the way health care is delivered, vide for the phased in development, imple- growing demand for resources caused by ris- mentation, and evaluation of Independence required to demonstrate savings of at ing health care costs and to a lesser extent at Home programs described in this section least 5 percent annually compared with the nation’s expanding elderly population to meet the following objectives: the costs of serving non-participating will confront Americans with increasingly ‘‘(A) To improve patient outcomes, com- Medicare chronically ill beneficiaries. difficult choices between health care and pared to comparable beneficiaries who do not The IAH organization may keep 80 per- other priorities. However, opportunities participate in such a program, through recent of savings beyond the required 5 exist to constrain health care costs without duced hospitalizations, nursing home admis- percent savings as an incentive to adverse health care consequences. sions, or emergency room visits, increased maximize the financial benefits of (2) Medicare beneficiaries with multiple symptom self-management, and similar re- chronic conditions account for a dispropor- sults. being an IAH organization. Any sav- tionate share of Medicare spending compared ‘‘(B) To improve satisfaction of patients ings beyond 25 percent would be split, to their representation in the overall Medi- and caregivers, as demonstrated through a with 50 percent directed to the IAH or- care population, and evidence suggests that quantitative pre-test and post-test survey ganization and 50 percent to Medicare. such patients often receive poorly coordi- developed by the Secretary that measures In Phase II, the Secretary may modify nated care, including conflicting information patient and caregiver satisfaction of care co- the payment incentive structure to in- from health providers and different diag- ordination, educational information, timeli- crease savings to the Medicare Trust noses of the same symptoms. ness of response, and similar care features. Fund only if it will not impede access (3) People with chronic conditions account ‘‘(C) To achieve a minimum of 5 percent for 76 percent of all hospital admissions, 88 cost savings in the care of beneficiaries to IAH services to eligible bene- percent of all prescriptions filled, and 72 per- under this title suffering from multiple high ficiaries. cent of physician visits. cost chronic diseases. I would like to thank my fellow Sen- (4) Studies show that hospital utilization ‘‘(2) INITIAL IMPLEMENTATION (PHASE I).— ate cosponsors, RICHARD BURR, SHEL- and emergency room visits for patients with ‘‘(A) IN GENERAL.—In carrying out this sec- DON WHITEHOUSE, and BENJAMIN multiple chronic conditions can be reduced tion and to the extent possible, the Sec- CARDIN, and my cosponsor in the and significant savings can be achieved retary shall enter into agreements with at House, Representative ED MARKEY, and through the use of interdisciplinary teams of least two unaffiliated Independence at Home his cosponsor, CHRIS SMITH, for their health care professionals caring for patients organizations in each of the 13 highest cost support. I also thank Rahm Emanuel in their places of residence. States (based on average per capita expendi- (5) The Independence at Home Act creates tures per State under this title), in the Dis- for his support of IAH in the last Con- a chronic care coordination pilot project to trict of Columbia, and in 13 additional States gress. I would also like to thank all our bring primary care medical services to the that are representative of other regions of staff who worked so hard on this legis- highest cost Medicare beneficiaries with the United States and include medically un- lation, particularly Gregory Hinrichsen multiple chronic conditions in their home or derserved rural and urban areas, to provide in my office. Finally, I would like to place of residence so that they may be as chronic care coordination services for a pe- thank the following groups for voicing independent as possible for as long as pos- riod of three years or until those agreements their support for this legislation: The sible in a comfortable setting. are terminated by the Secretary. Such agree- American Academy of Home Care Phy- (6) The Independence at Home Act gen- ments under this paragraph shall continue in erates savings by providing better, more co- effect until the Secretary makes the deter- sicians; The American Academy of ordinated care across all treatment settings mination described in paragraph (3) or until Neurology; The AARP; The Alz- to the highest cost Medicare beneficiaries those agreements are supplanted by new heimer’s Association; The Alzheimer’s with multiple chronic conditions, reducing agreements under such paragraph. The phase Foundation of America; The American duplicative and unnecessary services, and of implementation under this paragraph is

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5831 referred to in this section as the ‘initial im- targeted patient population and dem- after, the Secretary shall provide for an an- plementation’ phase or ‘phase I’. onstrated experience in the evaluation of nual Independence at Home teleconference ‘‘(B) PREFERENCE.—In selecting Independ- such programs. for Independence at Home organizations to ence at Home organizations under this para- ‘‘(B) INFORMATION TO BE INCLUDED.—Each share best practices and review treatment graph, the Secretary shall give a preference, such report shall include an assessment of interventions and protocols that were suc- to the extent practicable, to organizations the following factors and shall identify the cessful in meeting all 3 objectives specified that— characteristics of individual Independence at in paragraph (1). ‘‘(i) have documented experience in fur- Home programs that are the most effective ‘‘(b) DEFINITIONS.—For purposes of this sec- nishing the types of services covered by this in producing improvements in— tion: section to eligible beneficiaries in the home ‘‘(i) beneficiary, caregiver, and provider ‘‘(1) ACTIVITIES OF DAILY LIVING.—The term or place of residence using qualified teams of satisfaction; ‘activities of daily living’ means bathing, health care professionals that are directed ‘‘(ii) health outcomes appropriate for pa- dressing, grooming, transferring, feeding, or by individuals who have the qualifications of tients with multiple chronic diseases; and toileting. Independence at Home physicians, or in ‘‘(iii) cost savings to the program under ‘‘(2) CAREGIVER.—The term ‘caregiver’ cases when such direction is provided by an this title, such as in reducing— means, with respect to an individual with a Independence at Home physician to a physi- ‘‘(I) hospital and skilled nursing facility qualifying functional impairment, a family cian assistant who has at least one year of admission rates and lengths of stay; member, friend, or neighbor who provides as- experience providing gerontological medical ‘‘(II) hospital readmission rates; and sistance to the individual. and related services for chronically ill indi- ‘‘(III) emergency department visits ‘‘(3) ELIGIBLE BENEFICIARY.— viduals in their homes, or other similar qual- ‘‘(C) BREAKDOWN BY CONDITION.—Each such ‘‘(A) IN GENERAL.—The term ‘eligible bene- ification as determined by the Secretary to report shall include data on performance of ficiary’ means, with respect to an Independ- be appropriate for the Independence at Home Independence at Home organizations in re- ence at Home program, an individual who— program, by the physician assistant acting sponding to the needs of eligible bene- ‘‘(i) is entitled to benefits under part A and under the supervision of an Independence at ficiaries with specific chronic conditions and enrolled under part B, but not enrolled in a Home physician and as permitted under combinations of conditions, as well as the plan under part C; State law, or Independence at Home nurse overall eligible beneficiary population. ‘‘(ii) has a qualifying functional impair- practitioners; ‘‘(6) AGREEMENTS.— ment and has been diagnosed with two or ‘‘(ii) have the capacity to provide services ‘‘(A) IN GENERAL.—The Secretary shall covered by this section to at least 150 eligi- enter into agreements, beginning not later more of the chronic conditions described in ble beneficiaries; and than one year after the date of the enact- subparagraph (C); and ‘‘(iii) use electronic medical records, ment of this section, with Independence at ‘‘(iii) within the 12 months prior to the in- health information technology, and individ- Home organizations that meet the participa- dividual first enrolling with an Independence ualized plans of care. tion requirements of this section, including at Home program under this section, has re- ‘‘(3) EXPANDED IMPLEMENTATION PHASE minimum performance standards developed ceived benefits under part A for the fol- (PHASE II).— under subsection (e)(3), in order to provide lowing services: ‘‘(A) IN GENERAL.—For periods beginning access by eligible beneficiaries to Independ- ‘‘(I) Non-elective inpatient hospital serv- after the end of the 3-year initial implemen- ence at Home programs under this section. ices. tation period under paragraph (2), subject to ‘‘(B) AUTHORITY.—If the Secretary deems it ‘‘(II) Services in the emergency depart- subparagraph (B), the Secretary shall renew necessary to serve the best interest of the ment of a hospital. agreements described in paragraph (2) with beneficiaries under this title or the best in- ‘‘(III) Any one of the following: Independence at Home organization that terest of Federal health care programs, the ‘‘(aa) Skilled nursing or sub-acute rehabili- have met all 3 objectives specified in para- Secretary may— tation services in a Medicare-certified nurs- graph (1) and enter into agreements de- ‘‘(i) require screening of all potential Inde- ing facility. scribed in paragraph (2) with any other orga- pendence at Home organizations, including ‘‘(bb) Comprehensive acute rehabilitation nization that is located in any State or the owners, (such as through fingerprinting, li- facility or Comprehensive outpatient reha- District of Columbia, that was not an Inde- censure checks, site-visits, and other data- bilitation facility services. pendence at Home organization during the base checks) before entering into an agree- ‘‘(cc) Skilled nursing or rehabilitation initial implementation period, and that ment; services through a Medicare-certified home meets the qualifications of an Independence ‘‘(ii) require a provisional period during health agency. at Home organization under this section. which a new Independence at Home organiza- ‘‘(B) DISQUALIFICATIONS.—Such term does The Secretary may terminate and not renew tion would be subject to enhanced oversight not include an individual— such an agreement with an organization that (such as prepayment review, unannounced ‘‘(i) who is receiving benefits under section has not met such objectives during the ini- site visits, and payment caps); and 1881; tial implementation period. The phase of im- ‘‘(iii) require applicants to disclose pre- ‘‘(ii) who is enrolled in a PACE program plementation under this paragraph is re- vious affiliation with entities that have un- under section 1894; ferred to in this section as the ‘expanded im- collected Medicare or Medicaid debt, and au- ‘‘(iii) who is enrolled in (and is not plementation’ phase or ‘phase II’. thorize the denial of enrollment if the Sec- disenrolled from) a chronic care improve- ‘‘(B) CONTINGENCY.—The expanded imple- retary determines that these affiliations ment program under section 1807; mentation under subparagraph (A) shall not pose undue risk to the program. ‘‘(iv) who within a 12-month period has occur if the Secretary finds, not later than 60 ‘‘(7) REGULATIONS.—At least three months been a resident for more than 90 days in a days after the date of issuance of the inde- before entering into the first agreement skilled nursing facility, a nursing facility (as pendent evaluation under paragraph (5), that under this section, the Secretary shall pub- defined in section 1919), or any other facility continuation of the Independence at Home lish in the Federal Register the specifica- identified by the Secretary; project is not in the best interest of bene- tions for implementing this section. Such ‘‘(v) who resides in a setting that presents ficiaries under this title or in the best inter- specifications shall describe the implementa- a danger to the safety of in-home health care est of Federal health care programs. tion process from initial to final implemen- providers and primary caregivers; or ‘‘(4) ELIGIBILITY.—No organization shall be tation phases, including how the Secretary ‘‘(vi) whose enrollment in an Independence prohibited from participating under this sec- will identify and notify potential enrollees at Home program the Secretary determines tion during expanded implementation phase and how and when beneficiaries may enroll would be inappropriate. under paragraph (3) (and, to the extent prac- and disenroll from Independence at Home ‘‘(C) CHRONIC CONDITIONS DESCRIBED.—The ticable, during initial implementation phase programs and change the programs in which chronic conditions described in this subpara- under paragraph (2)) because of its small size they are enrolled. graph are the following: as long as it meets the eligibility require- ‘‘(8) PERIODIC PROGRESS REPORTS.—Semi- ‘‘(i) Congestive heart failure. ments of this section. annually during the first year in which this ‘‘(ii) Diabetes. ‘‘(5) INDEPENDENT EVALUATIONS.— section is implemented and annually there- ‘‘(iii) Chronic obstructive pulmonary dis- ‘‘(A) IN GENERAL.—The Secretary shall con- after during the period of implementation of ease. tract for an independent evaluation of the this section, the Secretary shall submit to ‘‘(iv) Ischemic heart disease. initial implementation phase under para- the Committees on Ways and Means and En- ‘‘(v) Peripheral arterial disease. graph (2) with an interim report to Congress ergy and Commerce of the House of Rep- ‘‘(vi) Stroke. to be provided on such evaluation as soon as resentatives and the Committee on Finance ‘‘(vii) Alzheimer’s Disease and other de- practicable after the first year of such phase of the Senate a report that describes the mentias designated by the Secretary. and a final report to be provided to Congress progress of implementation of this section ‘‘(viii) Pressure ulcers. as soon as practicable following the conclu- and explaining any variation from the Inde- ‘‘(ix) Hypertension. sion of the initial implementation phase, but pendence at Home program as described in ‘‘(x) Neurodegenerative diseases designated not later than 6 months following the end of this section. by the Secretary which result in high costs such phase. Such an evaluation shall be con- ‘‘(9) ANNUAL BEST PRACTICES CONFERENCE.— under this title, including amyotropic lat- ducted by individuals with knowledge of During the initial implementation phase and eral sclerosis (ALS), multiple sclerosis, and chronic care coordination programs for the to the extent practicable at intervals there- Parkinson’s disease.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5832 CONGRESSIONAL RECORD — SENATE May 21, 2009 ‘‘(xi) Any other chronic condition that the ‘‘(B) is a licensed health professional, such nurse practitioner’ means a nurse practi- Secretary identifies as likely to result in as a physician, registered nurse, nurse prac- tioner who— high costs to the program under this title titioner, clinical nurse specialist, physician ‘‘(A) is employed by or affiliated with an when such condition is present in combina- assistant, or other health care professional Independence at Home organization, as re- tion with one or more of the chronic condi- as the Secretary determines appropriate, quired under paragraph (7)(C), or has another tions specified in the preceding clauses. who has at least one year of experience pro- contractual relationship with the Independ- ‘‘(4) INDEPENDENCE AT HOME ASSESSMENT.— viding and coordinating medical and related ence at Home organization that requires the The term ‘Independence at Home assess- services for individuals in their homes; and nurse practitioner to make in-home visits ment’ means a determination of eligibility of ‘‘(C) serves as the primary point of contact and to be responsible for the plans of care for an individual for an Independence at Home responsible for communications with the the nurse practitioner’s patients; program as an eligible beneficiary (as de- participant and for facilitating communica- ‘‘(B) practices in accordance with State fined in paragraph (3)), a comprehensive tions with other health care providers under law regarding scope of practice for nurse medical history, physical examination, and the plan. practitioners; assessment of the beneficiary’s clinical and ‘‘(7) INDEPENDENCE AT HOME ORGANIZA- ‘‘(C) is certified— functional status that— TION.—The term ‘Independence at Home or- ‘‘(i) as a Gerontologic Nurse Practitioner ‘‘(A) is conducted in person by an indi- ganization’ means a provider of services, a by the American Academy of Nurse Practi- vidual— physician or physician group practice, a tioners Certification Program or the Amer- ‘‘(i) who— nurse practitioner or nurse practitioner ican Nurses Credentialing Center; or ‘‘(I) is an Independence at Home physician group practice which receives payment for ‘‘(ii) as a family nurse practitioner or adult or an Independence at Home nurse practi- services furnished under this title (other nurse practitioner by the American Academy tioner; or than only under this section) and which— of Nurse Practitioners Certification Board or ‘‘(II) a physician assistant, nurse practi- ‘‘(A) has entered into an agreement under the American Nurses Credentialing Center tioner, or clinical nurse specialist, as defined subsection (a)(2) to provide an Independence and holds a certificate of Added Qualifica- in section 1861(aa)(5), who is employed by an at Home program under this section; tion in gerontology, elder care or care of the Independence at Home organization and is ‘‘(B)(i) provides all of the services of the older adult provided by the American Acad- supervised by an Independence at Home phy- Independence at Home plan in a participant’s emy of Nurse Practitioners, the American sician or Independence at Home nurse practi- Nurses Credentialing Center or a national tioner; and home or place of residence, or ‘‘(ii) if the organization is not able to pro- nurse practitioner certification board ‘‘(ii) does not have an ownership interest in deemed by the Secretary to be appropriate the Independence at Home organization un- vide all such services in such home or residence, has adequate mechanisms for ensur- for an Independence at Home program; and less the Secretary determines that it is im- ‘‘(D) has furnished services during the pre- practicable to preclude such individual’s in- ing the provision of such services by one or more qualified entities; vious 12 months for which payment is made volvement; and under this title. ‘‘(B) includes an assessment of— ‘‘(C) has Independence at Home physicians, ‘‘(10) INDEPENDENCE AT HOME PLAN.—The ‘‘(i) activities of daily living and other co- clinical nurse specialists, nurse practitioners, or physician assistants available to term ‘Independence at Home plan’ means a morbidities; plan established under subsection (d)(2) for a ‘‘(ii) medications and medication adher- respond to patient emergencies 24 hours a specific participant in an Independence at ence; day, seven days a week; Home program. ‘‘(iii) affect, cognition, executive function, ‘‘(D) accepts all eligible beneficiaries from ‘‘(11) INDEPENDENCE AT HOME PROGRAM.— and presence of mental disorders; the organization’s service area, as deter- The term ‘Independence at Home program’ ‘‘(iv) functional status, including mobility, mined under the agreement with the Sec- means a program described in subsection (d) balance, gait, risk of falling, and sensory retary under this section, except to the ex- that is operated by an Independence at Home function; tent that qualified staff are not available; organization. ‘‘(v) social functioning and social integra- and ‘‘(12) PARTICIPANT.—The term ‘participant’ tion; ‘‘(E) meets other requirements for such an means an eligible beneficiary who has volun- ‘‘(vi) environmental needs and a safety as- organization under this section. sessment; ‘‘(8) INDEPENDENCE AT HOME PHYSICIAN.— tarily enrolled in an Independence at Home ‘‘(vii) the ability of the beneficiary’s pri- The term ‘Independence at Home physician’ program. mary caregiver to assist with the bene- means a physician who— ‘‘(13) QUALIFIED ENTITY.—The term ‘quali- ficiary’s care as well as the caregiver’s own ‘‘(A) is employed by or affiliated with an fied entity’ means a person or organization physical and emotional capacity, education, Independence at Home organization, as re- that is licensed or otherwise legally per- and training; quired under paragraph (7)(C), or has another mitted to provide the specific service (or ‘‘(viii) whether, in the professional judg- contractual relationship with the Independ- services) provided under an Independence at ment of the individual conducting the assess- ence at Home organization that requires the Home plan that the entity has agreed to pro- ment, the beneficiary is likely to benefit physician to make in-home visits and to be vide. from an Independence at Home program; responsible for the plans of care for the phy- ‘‘(14) QUALIFYING FUNCTIONAL IMPAIR- ‘‘(ix) whether the conditions in the bene- sician’s patients; MENT.—The term ‘qualifying functional im- ficiary’s home or place of residence would ‘‘(B) is certified— pairment’ means an inability to perform, permit the safe provision of services in the ‘‘(i) by the American Board of Family Phy- without the assistance of another person, home or residence, respectively, under an sicians, the American Board of Internal Med- two or more activities of daily living. Independence at Home program; icine, the American Osteopathic Board of ‘‘(15) QUALIFIED INDIVIDUAL.—The term ‘‘(x) whether the beneficiary has a des- Family Physicians, the American Osteo- ‘qualified individual’ means a individual that ignated primary care physician whom the pathic Board of Internal Medicine, the Amer- is licensed or otherwise legally permitted to beneficiary has seen in an office-based set- ican Board of Emergency Medicine, or the provide the specific service (or services) ting within the previous 12 months; and American Board of Physical Medicine and under an Independence at Home plan that ‘‘(xi) other factors determined appropriate Rehabilitation; or the individual has agreed to provide. by the Secretary. ‘‘(ii) by a Board recognized by the Amer- ‘‘(c) IDENTIFICATION AND ENROLLMENT OF ‘‘(5) INDEPENDENCE AT HOME CARE TEAM.— ican Board of Medical Specialties and deter- PROSPECTIVE PROGRAM PARTICIPANTS.— The term ‘Independence at Home care mined by the Secretary to be appropriate for ‘‘(1) NOTICE TO ELIGIBLE INDEPENDENCE AT team’— the Independence at Home program; HOME BENEFICIARIES.—The Secretary shall ‘‘(A) means, with respect to a participant, ‘‘(C) has— develop a model notice to be made available a team of qualified individuals that provides ‘‘(i) a certification in geriatric medicine as to Medicare beneficiaries (and to their care- services to the participant as part of an Inde- provided by American Board of Medical Spe- givers) who are potentially eligible for an pendence at Home program; and cialties; or Independence at Home program by partici- ‘‘(B) includes an Independence at Home ‘‘(ii) passed the clinical competency exam- pating providers and by Independence at physician or an Independence at Home nurse ination of the American Academy of Home Home programs. Such notice shall include practitioner and an Independence at Home Care Physicians and has substantial experi- the following information: coordinator (who may also be an Independ- ence in the delivery of medical care in the ‘‘(A) A description of the potential advan- ence at Home physician or an Independence home, including at least two years of experi- tages to the beneficiary participating in an at Home nurse practitioner). ence in the management of Medicare pa- Independence at Home program. ‘‘(6) INDEPENDENCE AT HOME COORDINATOR.— tients and one year of experience in home- ‘‘(B) A description of the eligibility re- The term ‘Independence at Home coordi- based medical care including at least 200 quirements to participate. nator’ means, with respect to a participant, house calls; and ‘‘(C) Notice that participation is vol- an individual who— ‘‘(D) has furnished services during the pre- untary. ‘‘(A) is employed by an Independence at vious 12 months for which payment is made ‘‘(D) A statement that all other Medicare Home organization and is responsible for co- under this title. benefits remain available to beneficiaries ordinating all of the services of the partici- ‘‘(9) INDEPENDENCE AT HOME NURSE PRACTI- who enroll in an Independence at Home pro- pant’s Independence at Home plan; TIONER.—The term ‘Independence at Home gram.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5833 ‘‘(E) Notice that those who enroll in an ‘‘(i) document the chronic conditions, co- Home nurse practitioner may assume the Independence at Home program will be re- morbidities, and other health needs identi- primary treatment role as permitted under sponsible for copayments for house calls fied in the participant’s Independence at State law. made by Independence at Home physicians, Home assessment; ‘‘(4) ADDITIONAL RESPONSIBILITIES.— physician assistants, or by Independence at ‘‘(ii) determine which services under an ‘‘(A) OUTCOMES REPORT.—Each Independ- Home nurse practitioners, except that such Independence at Home plan described in sub- ence at Home organization offering an Inde- copayments may be reduced or eliminated at paragraph (C) are appropriate for the partici- pendence at Home program shall monitor the discretion of the Independence at Home pant; and and report to the Secretary, in a manner physician, physician assistant, or Independ- ‘‘(iii) identify the qualified entity respon- specified by the Secretary, on— ence at Home nurse practitioner involved in sible for providing each service under such ‘‘(i) patient outcomes; accordance with subsection (f). plan. ‘‘(ii) beneficiary, caregiver, and provider ‘‘(F) A description of the services that ‘‘(B) COMMUNICATION OF INDIVIDUALIZED satisfaction with respect to coordination of could be provided. INDEPENDENCE AT HOME PLAN TO THE INDE- the participant’s care; and ‘‘(G) A description of the method for par- PENDENCE AT HOME COORDINATOR.—If the indi- ‘‘(iii) the achievement of mandatory min- ticipating, or withdrawing from participa- vidual responsible for conducting the partici- imum savings described in subsection (e)(6). tion, in an Independence at Home program or pant’s Independence at Home assessment and ‘‘(B) ADDITIONAL REQUIREMENTS.—Each becoming no longer eligible to so partici- developing the Independence at Home plan is such organization and program shall provide pate. not the participant’s Independence at Home the Secretary with listings of individuals ‘‘(2) VOLUNTARY PARTICIPATION AND coordinator, the Independence at Home phy- employed by the organization, including con- CHOICE.—An eligible beneficiary may partici- sician or Independence at Home nurse practi- tract employees, and individuals with an pate in an Independence at Home program tioner is responsible for ensuring that the ownership interest in the organization and through enrollment in such program on a participant’s Independence at Home coordi- comply with such additional requirements as voluntary basis and may terminate such par- nator has such plan and is familiar with the the Secretary may specify. ticipation at any time. Such a beneficiary requirements of the plan and has the appro- ‘‘(e) TERMS AND CONDITIONS.— may also receive Independence at Home serv- priate contact information for all of the ‘‘(1) IN GENERAL.—An agreement under this ices from the Independence at Home organi- members of the Independence at Home care section with an Independence at Home orga- zation of the beneficiary’s choice but may team. nization shall contain such terms and condi- not receive Independence at Home services ‘‘(C) SERVICES PROVIDED UNDER AN INDE- tions as the Secretary may specify con- from more than one Independence at Home PENDENCE AT HOME PLAN.—An Independence sistent with this section. organization at a time. at Home organization shall coordinate and ‘‘(2) CLINICAL, QUALITY IMPROVEMENT, AND ‘‘(d) INDEPENDENCE AT HOME PROGRAM RE- make available through referral to a quali- FINANCIAL REQUIREMENTS.—The Secretary QUIREMENTS.— fied entity the services described in the fol- may not enter into an agreement with such ‘‘(1) IN GENERAL.—Each Independence at lowing clauses (i) through (iii) to the extent an organization under this section for the Home program shall, for each participant en- they are needed and covered by under this operation of an Independence at Home pro- rolled in the program— title and shall provide the care coordination gram unless— ‘‘(A) designate— services described in the following clause (iv) ‘‘(A) the program and organization meet ‘‘(i) an Independence at Home physician or to the extent they are appropriate and ac- the requirements of subsection (d), minimum an Independence at Home nurse practitioner; cepted by a participant: quality and performance standards developed and ‘‘(i) Primary care services, such as physi- under paragraph (3), and such clinical, qual- ‘‘(ii) an Independence at Home coordinator; cian visits, diagnosis, treatment, and preven- ity improvement, financial, program integ- ‘‘(B) have a process to ensure that the par- tive services. rity, and other requirements as the Sec- ticipant received an Independence at Home ‘‘(ii) Home health services, such as skilled retary deems to be appropriate for partici- assessment before enrollment in the pro- nursing care and physical and occupational pants to be served; and gram; therapy. ‘‘(B) the organization demonstrates to the ‘‘(C) with the participation of the partici- ‘‘(iii) Phlebotomy and ancillary laboratory satisfaction of the Secretary that the organi- pant (or the participant’s representative or and imaging services, including point of care zation is able to assume financial risk for caregiver), an Independence at Home physi- laboratory and imaging diagnostics. performance under the agreement with re- cian, a physician assistant under the super- ‘‘(iv) Care coordination services, consisting spect to payments made to the organization vision of an Independence at Home physician of— under such agreement through available re- and as permitted under State law, or an ‘‘(I) Monitoring and management of medi- serves, reinsurance, or withholding of fund- Independence at Home nurse practitioner, cations by a pharmacist who is certified in ing provided under this title, or such other and the Independence at Home coordinator, geriatric pharmacy by the Commission for means as the Secretary determines appro- develop an Independence at Home plan for Certification in Geriatric Pharmacy or pos- priate. the participant in accordance with para- sesses other comparable certification dem- ‘‘(3) MINIMUM QUALITY AND PERFORMANCE graph (2); onstrating knowledge and expertise in geri- STANDARDS.— ‘‘(D) ensure that the participant receives atric pharmacotherapy, as well as assistance ‘‘(A) IN GENERAL.—The Secretary shall dean Independence at Home assessment at to participants and their caregivers with re- velop mandatory minimum quality and per- least every 6 months after the original as- spect to selection of a prescription drug plan formance standards for Independence at sessment to ensure that the Independence at under part D that best meets the needs of the Home organizations and programs. Home plan for the participant remains cur- participant’s chronic conditions. ‘‘(B) STANDARDS TO BE INCLUDED.—Such rent and appropriate; ‘‘(II) Coordination of all medical treatment standards shall include measures of— ‘‘(E) implement all of the services under furnished to the participant, regardless of ‘‘(i) improvement in participant outcomes; the participant’s Independence at Home plan whether such treatment is covered and avail- ‘‘(ii) improvement in satisfaction of the and in instances in which the Independence able to the participant under this title. beneficiary, caregiver, and provider involved; at Home organization does not provide spe- ‘‘(III) Self-care education and preventive and cific services within the Independence at care consistent with the participant’s condi- ‘‘(iii) cost savings consistent with para- Home plan, ensure that qualified entities tion. graph (6). successfully provide those specific services; ‘‘(IV) Education for primary caregivers and ‘‘(C) MINIMUM PARTICIPATION STANDARD.— and family members. Such standards shall include a requirement ‘‘(F) provide for an electronic medical ‘‘(V) Caregiver counseling services and in- that, for any year after the first year and ex- record and electronic health information formation about, and referral to, other care- cept as the Secretary may provide for a pro- technology to coordinate the participant’s giver support and health care services in the gram serving a rural area, an Independence care and to exchange information with the community. at Home program had an average number of Medicare program and electronic monitoring ‘‘(VI) Referral to social services, such as participants during the previous year of at and communication technologies and mobile personal care, meals, volunteers, and indi- least 100 participants. diagnostic and therapeutic technologies as vidual and family therapy. ‘‘(4) TERM OF AGREEMENT AND MODIFICA- appropriate and accepted by the participant. ‘‘(VII) Information about, and access to, TION.—The agreement under this subsection ‘‘(2) INDEPENDENCE AT HOME PLAN.— hospice care. shall be, subject to paragraphs (3)(C) and (5), ‘‘(A) IN GENERAL.—An Independence at ‘‘(VIII) Pain and palliative care and end-of- for a period of three years, and the terms and Home plan for a participant shall be devel- life care, including information about devel- conditions may be modified during the con- oped with the participant, an Independence oping advanced directives and physicians or- tract period by the Secretary as necessary to at Home physician, a physician assistant ders for life sustaining treatment. serve the best interest of the beneficiaries under the supervision of an Independence at ‘‘(3) PRIMARY TREATMENT ROLE WITHIN AN under this title or the best interest of Fed- Home physician and as permitted under INDEPENDENCE AT HOME CARE TEAM.—An Inde- eral health care programs or upon the re- State law, an Independence at Home nurse pendence at Home physician, a physician as- quest of the Independence at Home organiza- practitioner, or an Independence at Home co- sistant under the supervision of an Independ- tion. ordinator, and, if appropriate, one or more of ence at Home physician and as permitted ‘‘(5) TERMINATION AND NON-RENEWAL OF the participant’s caregivers and shall— under State law, or an Independence at AGREEMENT.—

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‘‘(A) IN GENERAL.—If the Secretary deter- ‘‘(ii) APPLICATION OF THE MODEL.—Using aggregate savings in a year in the initial im- mines that an Independence at Home organi- the model developed under clause (i), the plementation phase in excess of the manda- zation has failed to meet the minimum per- Secretary shall compare the actual costs to tory minimum savings described in para- formance standards under paragraph (3) or Medicare of beneficiaries participating in an graph (6)(A)(ii), 80 percent of such aggregate other requirements under this section, or if Independence at Home program to the pre- savings shall be paid to the organization and the Secretary deems it necessary to serve dicted costs to Medicare of such beneficiaries the remainder shall be retained by the pro- the best interest of the beneficiaries under to determine whether an Independence at grams under this title during the initial im- this title or the best interest of Federal Home program achieves the savings required plementation phase. health care programs, the Secretary may under subparagraph (A). ‘‘(ii) EXPANDED IMPLEMENTATION PHASE.—If terminate the agreement of the organization ‘‘(iii) REVISIONS OF THE MODEL.—The Sec- an Independence at Home organization at the end of the contract year. retary shall require that the model devel- achieves aggregate savings in a year in the ‘‘(B) REQUIRED TERMINATION WHERE RISK TO oped under clause (i) for determining savings expanded implementation phase in excess of HEALTH OR SAFETY OF A PARTICIPANT.—The shall be designed according to instructions 5 percent of the product described in para- Secretary shall terminate an agreement with that will control, or adjust for, inflation as graph (6)(A)(ii)— an Independence at Home organization at well as risk factors including, age, race, gen- ‘‘(I) insofar as such savings do not exceed any time the Secretary determines that the der, disability status, socioeconomic status, 25 percent of such product, 80 percent of such care being provided by such organization region of country (such as State, county, aggregate savings shall be paid to the orga- poses a threat to the health and safety of a metropolitan statistical area, or zip code), nization and the remainder shall be retained participant. and such other factors as the Secretary de- by the programs under this title; and. ‘‘(C) TERMINATION BY INDEPENDENCE AT termines to be appropriate, including adjust- ‘‘(II) insofar as such savings exceed 25 per- HOME ORGANIZATIONS.—Notwithstanding any ment for prior health care utilization. The cent of such product, in the Secretary’s dis- other provision of this subsection, an Inde- Secretary may add to, modify, or substitute cretion, 50 percent of such excess aggregate pendence at Home organization may termi- for such adjustment factors if such changes savings shall be paid to the organization and nate an agreement with the Secretary under will improve the sensitivity or specificity of the remainder shall be retained by the pro- this section to provide an Independence at the calculation of costs savings. grams under this title. Home program at the end of a contract year ‘‘(iv) PARTICIPANT-MONTH.—In making the ‘‘(f) WAIVER OF COINSURANCE FOR HOUSE if the organization provides to the Secretary calculation described in subparagraph (A), CALLS.—A physician, physician assistant, or and to the beneficiaries participating in the each month or part of a month in a program nurse practitioner furnishing services re- program notification of such termination year that a beneficiary participates in an lated to the Independence at Home program more than 90 days before the end of such Independence at Home program shall be in the home or residence of a participant in year. Paragraphs (6), (8), and (9)(B) shall counted as a ‘participant-month’. an Independence at Home program may apply to the organization until the date of ‘‘(C) NOTICE OF SAVINGS CALCULATION.—No waive collection of any coinsurance that termination. later than 30 days before the beginning of the might otherwise be payable under section ‘‘(D) NOTICE OF INVOLUNTARY TERMI- first year of the pilot project under this sec- 1833(a) with respect to such services but only NATION.—The Secretary shall notify the par- tion and 120 days before the beginning of any if the conditions described in section ticipants in an Independence at Home pro- Independence at Home program year after 1128A(i)(6)(A) are met. gram as soon as practicable if a determina- the first such year, the Secretary shall pub- ‘‘(g) REPORT.—Not later than three months tion is made to terminate an agreement with lish in the Federal Register a description of after the date of receipt of the independent the Independence at Home organization in- the model developed under subparagraph evaluation provided under subsection (a)(5) voluntarily as provided in subparagraphs (A) (B)(i) and information for calculating sav- and each year thereafter during which this and (B). Such notice shall inform the bene- ings required under subparagraph (A), in- section is being implemented, the Secretary ficiary of any other Independence at Home cluding any revisions, sufficient to permit shall submit to the Committees of jurisdic- organizations that might be available to the Independence at Home organizations to de- tion in Congress a report that shall include— beneficiary. termine the savings they will be required to ‘‘(1) whether the Independence at Home ‘‘(6) MANDATORY MINIMUM SAVINGS.— achieve during the program year to meet the programs under this section are meeting the ‘‘(A) REQUIRED.— savings requirement under subparagraph (A). minimum quality and performance standards ‘‘(i) IN GENERAL.—Under an agreement In order to facilitate this notice, the Sec- in (e)(3); under this subsection, each Independence at retary may designate a single annual date ‘‘(2) a comparative evaluation of Independ- Home organization shall ensure that during for the beginning of all Independence at ence at Home organizations in order to iden- any year of the agreement for its Independ- Home program years that shall not be later tify which programs, and characteristics of ence at Home program, there is an aggregate than one year from the date of enactment of those programs, were the most effective in savings in the cost to the program under this this section. producing the best participant outcomes, pa- title for participating beneficiaries, as cal- ‘‘(7) MANNER OF PAYMENT.—Subject to culated under subparagraph (B), that is not paragraph (8), payments shall be made by the tient and caregiver satisfaction, and cost less than 5 percent of the product described Secretary to an Independence at Home orga- savings; and in clause (ii) for such participating bene- nization at a rate negotiated between the ‘‘(3) an evaluation of whether the partici- ficiaries and year. Secretary and the organization under the pant eligibility criteria identified beneficiaries who were in the top ten percent of ‘‘(ii) PRODUCT DESCRIBED.—The product de- agreement for— scribed in this clause for participating bene- ‘‘(A) Independence at Home assessments; the highest cost Medicare beneficiaries.’’. ficiaries in an Independence at Home pro- and (b) CONFORMING AMENDMENT.—Section gram for a year is the product of— ‘‘(B) on a per-participant, per-month basis 1833(a) of such Act (42 U.S.C. 1395l(a)) is ‘‘(I) the estimated average monthly costs for the items and services required to be pro- amended, in the matter before paragraph (1), that would have been incurred under parts A vided or made available under subsection by inserting ‘‘and section 1807A(f)’’ after and B (and, to the extent cost information is (d)(2)(C)(iv). ‘‘section 1876’’. available, part D) if those beneficiaries had ‘‘(8) ENSURING MANDATORY MINIMUM SAV- By Mr. LEAHY: not participated in the Independence at INGS.—The Secretary shall require any Inde- Home program; and pendence at Home organization that fails in S. 1132. A bill to amend title 18, ‘‘(II) the number of participant-months for any year to achieve the mandatory min- United States Code, to improve the that year. imum savings described in paragraph (6) to provisions relating to the carrying of ‘‘(B) COMPUTATION OF AGGREGATE SAV- provide those savings by refunding payments concealed weapons by law enforcement INGS.— made to the organization under paragraph (7) officers, and for other purposes; to the ‘‘(i) MODEL FOR CALCULATING SAVINGS.—The during such year. Committee on the Judiciary. Secretary shall contract with a nongovern- ‘‘(9) BUDGET NEUTRAL PAYMENT CONDI- Mr. LEAHY. Mr. President, in 2003, mental organization or academic institution TION.— Senator Ben Nighthorse Campbell and to independently develop an analytical ‘‘(A) IN GENERAL.—Under this section, the model for determining whether an Independ- Secretary shall ensure that the cumulative, I, along with 68 other Senators, intro- ence at Home program achieves at least sav- aggregate sum of Medicare program benefit duced a bill to allow qualified retired ings required under subparagraph (A) rel- expenditures under parts A, B, and D for par- or current law enforcement officers to ative to costs that would have been incurred ticipants in Independence at Home programs carry a concealed firearm across State by Medicare in the absence of Independence and funds paid to Independence at Home or- lines. The Senate passed our bill by at Home programs. The analytical model de- ganizations under this section, shall not ex- unanimous consent, and it was signed veloped by the independent research organi- ceed the Medicare program benefit expendi- into law in July 2004. Passage of the zation for making these determinations shall tures under such parts that the Secretary es- Law Enforcement Officers Safety Act utilize state-of-the-art econometric tech- timates would have been made for such par- niques, such as Heckman’s selection correc- ticipants in the absence of such programs. indicated strong confidence in the men tion methodologies, to account for sample ‘‘(B) TREATMENT OF SAVINGS.— and women who serve to protect their selection bias, omitted variable bias, or ‘‘(i) INITIAL IMPLEMENTATION PHASE.—If an communities and their Nation as the problems with endogeneity. Independence at Home organization achieves first line of defense in any emergency.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5835 Introduction of this legislation to law enforcement, and retirement in (D) by striking paragraph (4) and inserting benefit active and retired law enforce- good standing. the following: ment officers across the country is es- The dedicated public servants who ‘‘(4) during the most recent 12-month pe- are trained to uphold the law and keep riod, has met, at the expense of the indi- pecially timely as the Congress and the vidual, the standards for qualification in country have just recognized National the peace deserve our support not just firearms training for active law enforcement Peace Officers Memorial Day. I am in their professional lives, but also officers, as determined by the former agency proud to introduce this legislation when they are off-duty or retire. As a of the individual, the State in which the in- today and thank Senator KYL for join- former prosecutor, I have great con- dividual resides or, if the State has not es- ing me as a cosponsor. fidence in those who serve in law en- tablished such standards, a law enforcement This year, the Senate Judiciary Com- forcement and their ability to exercise agency within the State in which the indi- mittee has turned its attention to their privileges under this legislation vidual resides;’’; and safely and responsibly. The responsibil- (E) by striking paragraph (5) and replacing State and local law enforcement. It has it with the following: held hearings about the importance of ities they shoulder day to day on the ‘‘(5)(A) has not been officially found by a Federal funding at the local level, and job deserve our recognition and re- qualified medical professional employed by how strong community policing and spect. the agency to be unqualified for reasons re- positive community relationships are I hope all Senators will join us in lating to mental health and as a result of fundamental to a prosperous economy. support of this legislation. this finding will not be issued the photo- I agree, and appreciated having the Mr. President, I ask unanimous con- graphic identification as described in sub- perspective at recent Judiciary Com- sent that the text of the bill be printed section (d)(1); or ‘‘(B) has not entered into an agreement mittee hearings of the State and local in the RECORD. There being no objection, the text of with the agency from which the individual is officials like Chief Michael Schirling the bill was ordered to be printed in separating from service in which that indi- and Lieutenant Kris Carlson from the vidual acknowledges he or she is not quali- the RECORD, as follows: Burlington, Vermont, Police Depart- fied under this section for reasons relating to ment. I hope the Senate will continue S. 1132 mental health and for those reasons will not its strong support of our law enforce- Be it enacted by the Senate and House of Rep- receive or accept the photographic identi- resentatives of the United States of America in ment officers with support for this leg- fication as described in subsection (d)(1);’’; Congress assembled, (2) in subsection (d)— islation. SECTION 1. SHORT TITLE. (A) paragraph (1)— In 2007, the Senate Judiciary Com- This Act may be cited as the ‘‘Law En- (i) by striking ‘‘retired’’ and inserting mittee twice reported the legislation I forcement Officers Safety Act Improvements ‘‘separated’’; and introduce today—once as a stand-alone Act of 2009’’. (ii) by striking ‘‘to meet the standards’’ bill and again as part of the School SEC. 2. and all that follows through ‘‘concealed fire- Safety and Law Enforcement Improve- (a) IN GENERAL.—Section 926B of title 18, arm’’ and inserting ‘‘to meet the active duty ments Act. I hope the Senate will act United States Code, is amended by adding at standards for qualification in firearms train- in the interest of so many law enforce- the end the following: ing as established by the agency to carry a ‘‘(f) For the purposes of this section, a law firearm of the same type as the concealed ment officers across the United States enforcement officer of the Amtrak Police firearm’’; by improving and building upon the Department or a law enforcement or police (B) paragraph (2)— current law. officer of the executive branch of the Federal (i) in subparagraph (A), by striking ‘‘re- Since enactment of the Law Enforce- Government qualifies as an employee of a tired’’ and inserting ‘‘separated’’; and ment Officers Safety Act, I have heard governmental agency who is authorized by (ii) in subparagraph (B), by striking ‘‘that feedback from many in law enforce- law to engage in or supervise the prevention, indicates’’ and all that follows through the ment that qualified retired officers detection, investigation, or prosecution of, period and inserting ‘‘or by a certified fire- have been subject to varying certifi- or the incarceration of any person for, any arms instructor that is qualified to conduct a firearms qualification test for active duty cation procedures from State to State. violation of law, and has statutory powers of arrest.’’. officers within that State that indicates that In many cases, differing interpreta- (b) ACTIVE LAW ENFORCEMENT OFFICERS.— the individual has, not less than 1 year be- tions have complicated the implemen- Section 926B of title 18, United States Code fore the date the individual is carrying the tation of the law, and retired officers is amended by striking subsection (e) and in- concealed firearm, been tested or otherwise have experienced significant frustra- serting the following: found by the State or a certified firearms in- tion in getting certified to lawfully ‘‘(e) As used in this section, the term ‘fire- structor that is qualified to conduct a fire- carry a firearm under the law. arm’— arms qualification test for active duty offi- With the input of the law enforce- ‘‘(1) except as provided in this subsection, cers within that State to have met— has the same meaning as in section 921 of ‘‘(I) the active duty standards for qualifica- ment community, this bill proposes this title; tion in firearms training, as established by modest amendments to the current ‘‘(2) includes ammunition not expressly the State, to carry a firearm of the same law, and will give retired officers more prohibited by Federal law or subject to the type as the concealed firearm; or flexibility in obtaining certification. It provisions of the National Firearms Act; and ‘‘(II) if the State has not established such also provides room for the variability ‘‘(3) does not include— standards, standards set by any law enforce- in certification standards among the ‘‘(A) any machinegun (as defined in section ment agency within that State to carry a several States. For example, where a 5845 of the National Firearms Act); firearm of the same type as the concealed State has not set active duty stand- ‘‘(B) any firearm silencer (as defined in firearm.’’; and section 921 of this title); and (3) by striking subsection (e) and inserting ards, the retired officer can be certified ‘‘(C) any destructive device (as defined in the following: pursuant to the standards set by a law section 921 of this title).’’. ‘‘(e) As used in this section— enforcement agency in the State. (c) RETIRED LAW ENFORCEMENT OFFICERS.— ‘‘(1) the term ‘firearm’— In addition to these changes, the bill Section 926C of title 18, United States Code is ‘‘(A) except as provided in this paragraph, makes clear that Amtrak officers, amended— has the same meaning as in section 921 of along with law enforcement officers of (1) in subsection (c)— this title; the Executive branch of the Federal (A) in paragraph (1)— ‘‘(B) includes ammunition not expressly Government, are covered by the law. (i) by striking ‘‘retired’’ and inserting prohibited by Federal law or subject to the ‘‘separated from service’’; and provisions of the National Firearms Act; and The bill also reduces the years of serv- (ii) by striking ‘‘, other than for reasons of ‘‘(C) does not include— ice required for a retired officer to mental instability’’; ‘‘(i) any machinegun (as defined in section qualify under the law from 15 to 10. The (B) in paragraph (2), by striking ‘‘retire- 5845 of the National Firearms Act); bill now contains clearer standards to ment’’ and inserting ‘‘separation’’; ‘‘(ii) any firearm silencer (as defined in address mental health issues related to (C) in paragraph (3)— section 921 of this title); and eligibility for officers who separate (i) in subparagraph (A), by striking ‘‘retire- ‘‘(iii) any destructive device (as defined in from service or retire. These are posi- ment, was regularly employed as a law en- section 921 of this title); and tive changes to the current law, and forcement officer for an aggregate of 15 years ‘‘(2) the term ‘service with a public agency or more’’ and inserting ‘‘separation, served as a law enforcement officer’ includes service the requirements for eligibility would as a law enforcement officer for an aggregate as a law enforcement officer of the Amtrak continue to require a significant term of 10 years or more’’; and Police Department, or as a law enforcement of service for a retired officer to qual- (ii) in subparagraph (B), by striking ‘‘re- or police officer of the executive branch of ify, a demonstrated commitment to tired’’ and inserting ‘‘separated’’; the Federal Government.’’.

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A bill to amend title XVIII of informed patient choice should be the As shared decision making becomes the the Social Security Act to provide for goal of medical care. standard of practice, the shared sav- the establishment of shared decision Shared decision making is a collabo- ings percentages phases out. making standards and requirements rative process between the doctor and I believe that this simple approach to and to establish a pilot program for the patient when they discuss the trade- informed patient choice is critically implementation of shared decision offs among treatment options and dis- important to giving patients real making under the Medicare program; cuss the patient’s preferences and val- choices by engaging them in their to the Committee on Finance. ues. Shared decision making uses pa- health care. As we look to expand ac- Mr. WYDEN. Mr. President, I am tient decision aids, an educational tool cess to health coverage, this bill pro- pleased to be joined by my colleague, like a video or pamphlet that helps pa- vides a bipartisan, sensible path to put- the distinguished Senator from New tients understand, communicate their ting patients in the driver’s seat. Hampshire, JUDD GREGG, to introduce beliefs and preferences related to their I hope my colleagues will join me in an important bill that will put patients treatment options, and decide what supporting this bill, and I look forward in the driver’s seat of their medical medical treatments are best for them to working with Chairman BAUCUS and care. Today, my fellow Oregonian Rep- with their provider based on their med- Ranking Member GRASSLEY and other resentative EARL BLUMENAUER is intro- ical treatment options, scientific evi- members of the Finance Committee to ducing the same bill in the House of dence, circumstances, beliefs and pref- secure passage of this important bill. Representatives. erences. Mr. President, I ask unanimous con- On the Senate floor and in the Fi- Informed patients choice depends on sent that the text of the bill be printed nance Committee and Health Edu- clinical comparative effectiveness rein the RECORD. cation Labor and Pensions Committee, search that compares the effectiveness There being no objection, the text of senators have been wrestling with of health care treatments. Shared deci- the bill was ordered to be printed in health reform. The challenge before sion making and patient decision aids the RECORD, as follows: the Congress is to both expand quality, use clinical comparative effectiveness S. 1133 affordable coverage to all Americans research so that doctors and patients Be it enacted by the Senate and House of Rep- while containing costs. together make the right medical treat- resentatives of the United States of America in Cost containment requires a lot of ment choice for each individual pa- Congress assembled, tough choices because it will require tient. SECTION 1. SHORT TITLE. changing how care is delivered. The This bill creates a three stage phase This Act may be cited as the ‘‘Empowering Medicare Patient Choices Act’’. time of paying for volume and low in of patient decision aids and shared SEC. 2. FINDINGS. quality is past. Chairman BAUCUS decision making into the Medicare pro- Congress makes the following findings: rightly recognized the challenges in gram. Phase I of the pilot is a 3-year (1) The Dartmouth Atlas Project’s work cost containment and took up this period allowing ‘early adopting’ pro- documenting regional variations in medical issue as the first area he wanted to ad- viders—those who already have experi- care has found both underuse, or the failure dress in the series of public roundtables ence using patient decision aids and in- to deliver needed evidence-based care, and held in the Finance Committee. corporating them into their clinical overuse, or the delivery of unnecessary sup- I believe the key to transforming the practices—to participate in the pilot ply-sensitive care. health care system and cost contain- providing data for the Secretary and (2) The Dartmouth Atlas Project has also found that many clinical decisions physi- ment is to give patients more choices. also serve as Shared Decision Making cians make for elective medical treatments Patients should have more choices of Resource Centers. During this period, are driven by local medical opinion, rather health insurance plans. Patients should an independent entity will develop con- than sound science or the preferences of have a choice of doctor. Patients sensus based standards for patient deci- well-informed patients. For example, the should also have choices in their med- sion aids and a certification process to Dartmouth Atlas Project found that, among ical care. ensure decision aids are effective and the 306 Hospital Referral Regions in the The research by Dr. Jim Weinstein provide unbiased information. An ex- United States during the period of 2002 and Dr. John Wennberg with the Dart- pert panel then recommends to the through 2003, the incidence of surgery for mouth Atlas Project has documented back pain-related conditions and joint re- Secretary which patient decision aids placement for chronic arthritis of the hip regional variations in medical care. may be used in this program. and knee varied 5.9-, 5.6-, and 4.8-fold, respec- They have found both underuse, or the Phase II is a 3-year period during tively, from the lowest to the highest region. failure to deliver needed evidence- which providers will be eligible to re- (3) Discretionary surgery for the following based care, and overuse, or the delivery ceive reimbursement for the use of cer- common conditions accounts for 40 percent of unnecessary supply-sensitive care. tified patient decision aids. New proof Medicare spending for inpatient surgery: Regional variations are driven by local viders may be added on an annual basis early stage cancer of the prostate; early medical opinion, rather than sound allowing for the gradual and voluntary stage cancer of the breast; osteoarthritis of science or the preferences of well-in- expansion of shared decision making the knee; osteoarthritis of the hip; osteoarthritis of the spine; chest pain due to coro- formed patients. Just because doctors and patient decision aids to a large nary artery disease; stroke threat from ca- are licensed to have a hammer, doesn’t portion of the country. rotid artery disease, ischemia due to periph- make every patient a nail. The final stage requires all Medicare eral artery disease; gall stones; and enlarged Using their research, Office of Man- providers to ensure that Medicare prostate. agement and Budget Director Peter beneficiaries receive shared decision (4) Decisions that involve values trade-offs Orszag and other experts have esti- making and patient decision aids prior between the benefits and harms of 2 or more mated that as much as 30 percent of to receiving treatment for a preference clinically appropriate alternatives should de- medical spending today goes to care sensitive condition. If a provider does pend on the individual patient’s informed choice. In everyday practice, however, pa- that is unnecessary. That is 30 percent not ensure that a patient receives a patients typically delegate decision making to of $2.5 trillion is $750 billion going to tient decision aid then the provider’s their physicians who may not have good in- care that does not make patients reimbursement may be reduced by no formation on the patient’s true preferences. healthier and may even harm them. more than 20 percent. (5) The current standard of medical care in The current standard of medical care This legislation is built on a shared the United States fails to adequately ensure in the U.S. fails to adequately ensure savings model distributing 50 percent that patients are informed about their treat- that patients are informed about all of the savings to participating pro- ment options and the risks and benefits of their treatment options and the risks viders based on their participation and those options. This leads to patients getting and benefits of those options. This performance on quality measures. medical treatments they may not have wanted had they been fully informed of their leads to patients getting medical treat- Twenty-five percent of the savings are treatment options and integrated into the ments they may not have wanted had used to expand provider participation decision making process. they been fully informed of their treat- providing financial support to the (6) Patient decision aids are tools designed ment options and integrated into the Shared Decision Making Centers and to help people participate in decision making

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about health care options. Patient decision (1) CONTRACT.— (v) certification processes; aids provide information on treatment op- (A) IN GENERAL.—For purposes of sup- (vi) measure development; and tions and help patients clarify and commu- porting consensus-based standards for pa- (vii) evaluating health care quality. nicate the personal value they associate with tient decision aids and a certification proc- (C) MEMBERSHIP FEES.—If the entity re- different features of treatment options. Pa- ess for patient decision aids for use in the quires a membership fee for participation in tient decision aids do not advise people to Medicare program and by other interested the functions of the entity, such fees shall be choose one treatment option over another, parties, the Secretary shall identify and reasonable and adjusted based on the capac- nor are they meant to replace practitioner have in effect a contract with an entity that ity of the potential member to pay the fee. consultation. Instead, they prepare patients meets the requirements described in para- In no case shall membership fees pose a bar- to make informed, value-based decisions graph (4). Such contract shall provide that rier to the participation of individuals or with their physician. the entity perform the duties described in groups with low or nominal resources to par- (7) The Lewin Group estimated that the paragraph (2). ticipate in the functions of the entity. change in spending resulting from the use of (B) TIMING FOR FIRST CONTRACT.—As soon patient decision aids for each of 11 condi- as practicable after the date of the enact- (b) EXPERT PANEL.— tions using per-procedure costs estimated for ment of this Act, the Secretary shall enter (1) ESTABLISHMENT.—Not later than 120 the Medicare population studied, assuming into the first contract under subparagraph days after the date of enactment of this Act, full implementation of such patient decision (A). the Secretary shall establish an expert panel aids in 2010, would save as much as (C) PERIOD OF CONTRACT.—A contract under to make recommendations to the Secretary $4,000,000,000. subparagraph (A) shall be for a period of 18 regarding which patient decision aids should SEC. 3. DEFINITIONS. months (except such contract may be re- be implemented, appropriate training for In this Act: newed after a subsequent bidding process). health care providers on patient decision (1) ELIGIBLE PROVIDER.— (D) COMPETITIVE PROCEDURES.—Competi- aids and shared decision making, and appro- (A) IN GENERAL.—The term ‘‘eligible pro- tive procedures (as defined in section 4(5) of priate quality measures for use in the pilot vider’’ means the following: the Office of Federal Procurement Policy program under section 5 and under section (i) A primary care practice. Act (41 U.S.C. 403(5))) shall be used to enter 1899 of the Social Security Act, as added by (ii) A specialty practice. into a contract under subparagraph (A). section 6. (iii) A multispecialty group practice. (2) DUTIES.—The following duties are de- (2) DUTIES.—The expert panel shall carry (iv) A hospital. scribed in this paragraph: out the following duties: (v) A rural health clinic. (A) OPERATE AN OPEN AND TRANSPARENT (A) Approve patient decision aids, from (vi) A Federally qualified health center (as PROCESS.—The entity shall conduct its busi- among those patient decision aids certified defined in section 1861(aa)(4) of the Social ness in an open and transparent manner and under paragraph (2)(C) of subsection (a) by Security Act (42 U.S.C. 1395x(aa)(4)). provide the opportunity for public comment the entity with a contract under such sub- (vii) An integrated delivery system. on the activities described in subparagraphs section, for use in the pilot program under (viii) A State cooperative. (B) and (C). section 5 (including to the extent prac- (B) INCLUSION OF MEDICARE ADVANTAGE (B) ESTABLISH STANDARDS FOR PATIENT DE- ticable, patient decision aids for the medical PLANS.—Such term includes a Medicare Ad- CISION AIDS.— care of the conditions described in section vantage plan offered by a Medicare Advan- (i) IN GENERAL.—The entity shall syn- 5(g) and under section 1899 of the Social Se- tage organization under part C of title XVIII thesize evidence and convene a broad range curity Act, as added by section 6. of the Social Security Act (42 U.S.C. 1395w– of experts and key stakeholders to establish (B) Review current training curricula for 21 et seq.). consensus-based standards, such as those de- health care providers on patient decision (2) PATIENT DECISION AID.—The term ‘‘pa- veloped by the International Patient Deci- aids and shared decision making and rec- tient decision aid’’ means an educational sion Aid Standard Collaboration, to deter- ommend a training process for eligible pro- tool (such as the Internet, a video, or a pam- mine which patient decision aids are high viders participating in the pilot program phlet) that helps patients (or, if appropriate, quality patient decision aids. under section 5 on the use of such approved the family caregiver of the patient) under- (ii) DRAFT OF PROPOSED STANDARDS.—The patient decision aids and shared decision stand and communicate their beliefs and entity shall make a draft of proposed stand- making. preferences related to their treatment op- ards available to the public. (C) Review existing quality measures re- tions, and to decide with their health care (iii) 60-DAY COMMENT PERIOD.—Beginning on garding patient knowledge, value concord- the date the entity makes a draft of the pro- provider what treatments are best for them ance, and health outcomes that have been posed standards available under clause (ii), based on their treatment options, scientific endorsed through a consensus-based process the entity shall provide a 60-day period for evidence, circumstances, beliefs, and pref- and recommend appropriate quality meas- public comment on such draft. erences. ures for selection under section 5(h)(1). (iv) FINAL STANDARDS.— (3) PREFERENCE SENSITIVE CARE.—The term (3) APPOINTMENT.—The expert panel shall (I) IN GENERAL.—The standards established ‘‘preference sensitive care’’ means medical be composed of 13 members appointed by the by the entity under this subparagraph shall care for which the clinical evidence does not Secretary from among leading experts in be adopted by the board of the entity. clearly support one treatment option such shared decision making of whom— that the appropriate course of treatment de- (II) PUBLIC AVAILABILITY.—The entity shall make such standards available to the public. (A) 2 shall be researchers; pends on the values of the patient or the (B) 2 shall be primary care physicians; (C) CERTIFY PATIENT DECISION AIDS.—The preferences of the patient regarding the ben- (C) 2 shall be from surgical specialties; efits, harms, and scientific evidence for each entity shall review patient decision aids and certify whether patient decision aids meet (D) 2 shall be patient or consumer commu- treatment option. The use of such care nity advocates; should depend on informed patient choice the standards established under subparagraph (B) and offer a balanced presentation (E) 2 shall be nonphysician health care pro- among clinically appropriate treatment op- viders (such as nurses, nurse practitioners, tions. Such term includes medical care for of treatment options from both the clinical and patient experience perspectives. In con- and physician assistants); the conditions identified in section 5(g). (F) 1 shall be from an integrated multispe- (4) SECRETARY.—The term ‘‘Secretary’’ ducting such review and certification, the entity shall give priority to the review and cialty group practice; means the Secretary of Health and Human (G) 1 shall be from the National Cancer In- Services. certification of patient decision aids for conditions identified in section 5(g). stitute; and (5) SHARED DECISION MAKING.—The term (H) 1 shall be from the Centers for Disease (3) REPORT TO THE EXPERT PANEL.—The en- ‘‘shared decision making’’ means a collabo- Control and Prevention. rative process between patient and clinician tity shall submit to the expert panel established under subsection (b) a report on the (4) REPORT.—Not later than 2 years after that engages the patient in decision making, such date of enactment and each year there- provides patients with information about standards established for patient decision aids under paragraph (2)(B) and patient deci- after until the date of the termination of the trade-offs among treatment options, and fa- expert panel under paragraph (5), the expert cilitates the incorporation of patient pref- sion aids that are certified as meeting such standards under paragraph (2)(C). panel shall submit to the Secretary a report erences and values into the medical plan. on the patient decision aids approved under (4) REQUIREMENTS DESCRIBED.—The fol- (6) STATE COOPERATIVE.—The term ‘‘State paragraph (2)(A), the training process rec- cooperative’’ means an entity that includes lowing requirements are described in this paragraph: ommended under paragraph (2)(B), the qual- the State government and at least one other ity measures recommended under paragraph (A) PRIVATE NONPROFIT.—The entity is a health care provider which is set up for the (2)(C), and recommendations on other condi- purpose of testing shared decision making private nonprofit organization governed by a board. tions or medical care the Secretary may and patient decision aids. want to include in the pilot program under (B) EXPERIENCE.—The entity shall be able SEC. 4. ESTABLISHMENT OF INDEPENDENT section 5. STANDARDS FOR PATIENT DECISION to demonstrate experience with— (5) TERMINATION.—The expert panel shall AIDS. (i) consumer engagement; terminate on such date as the Secretary de- (a) CONTRACT WITH ENTITY TO ESTABLISH (ii) standard setting; termines appropriate. STANDARDS AND CERTIFY PATIENT DECISION (iii) health literacy; AIDS.— (iv) health care quality and safety issues; (c) QUALITY MEASURE DEVELOPMENT.—

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(1) IN GENERAL.—Section 1890(b)(1)(A) of cial assistance under this subsection. The (A) the ability of the applicant to provide the Social Security Act (42 U.S.C. Secretary shall provide financial assistance assistance to particular categories of eligible 1395aaa(b)(1)(A)) is amended— to centers under this subsection on the basis providers with respect to the implementa- (A) in clause (ii), by striking ‘‘and’’ at the of merit. tion and effective use of, and training on, pa- end; and (3) OBJECTIVES.—The objective of a center tient decision aids; (B) by adding at the end the following new is to enhance and promote the adoption of (B) the geographical diversity and extent clause: patient decision aids and shared decision of the service area of the applicant; and ‘‘(iv) that address conditions described in making through— (C) the percentage of funding for the center section 5(g) of the Empowering Medicare Pa- (A) providing assistance to eligible pro- that would be provided as financial assist- tient Choices Act and regional practice vari- viders with the implementation and effective ance under this subsection and the amount ations under this title; and’’. use of, and training on, patient decision aids; of any funding or in-kind commitment from (2) CONFORMING AMENDMENT.—Section (B) the dissemination of best practices and sources of funding in addition to the finan- 1890(d) of the Social Security Act (42 U.S.C. research on the implementation and effec- cial assistance provided under this sub- 1395aaa(d)) is amended— tive use of patient decision aids; and section. (A) by inserting ‘‘(other than subsection (C) providing assistance to eligible pro- (8) BIENNIAL EVALUATION.—Each center (b)(1)(A)(iv))’’ after ‘‘this section’’; and viders applying to participate or partici- which receives financial assistance under (B) by adding at the end the following new pating in phase II of the pilot program under this subsection shall be evaluated biennially sentence: ‘‘For provisions relating to funding this section or under section 1899 of the So- by an evaluation panel appointed by the Sec- for the duties described in subsection cial Security Act, as added by section 6. retary. Each such evaluation panel shall be (b)(1)(A)(iv), see section 5(l) of the Empow- (4) REGIONAL ASSISTANCE.—Each center composed of private experts, none of whom ering Medicare Patient Choices Act.’’. shall aim to provide assistance and edu- shall be connected with the center involved, SEC. 5. ESTABLISHMENT OF SHARED DECISION cation to all eligible providers in a region, and officials of the Federal Government. MAKING PILOT PROGRAM UNDER including direct assistance to the following Each evaluation panel shall measure the per- THE MEDICARE PROGRAM. eligible providers: formance of the center involved against the (a) IN GENERAL.—Not later than 12 months (A) Public or not-for-profit hospitals or objectives specified in paragraph (3). The after the date of enactment of this Act, the critical access hospitals (as defined in sec- Secretary shall not continue to provide fi- Secretary shall establish a pilot program to tion 1861 (mm)(1) of the Social Security Act nancial assistance to a center under this sub- provide for the phased-in development, im- (42 U.S.C. 1395x(mm)(1)). section unless the most recent evaluation plementation, and evaluation of shared deci- (B) Federally qualified health centers (as under this paragraph with respect to the cen- sion making under the Medicare program defined in section 1861(aa)(4) of the Social ter is overall positive. using patient decision aids to meet the ob- Security Act (42 U.S.C. 1395x(aa)(4)). (d) EXPANDED IMPLEMENTATION (PHASE jective of improving the understanding by (C) Entities that are located in a rural area II).— Medicare beneficiaries of their medical or in area that serves uninsured, under- (1) IN GENERAL.—Subject to paragraph (2), treatment options, as compared to com- insured, and medically underserved individ- during the 3-year period beginning after the parable Medicare beneficiaries who do not uals (regardless of whether such area is completion of phase I of the pilot program participate in a shared decision making urban or rural). (referred to in this section as ‘‘phase II’’ of process using patient decision aids. (D) Individual or small group practices (or the pilot program), the Secretary shall en- (b) INITIAL IMPLEMENTATION (PHASE I).— a consortium thereof) that are primarily fo- roll additional eligible providers to imple- (1) IN GENERAL.—During the initial imple- cused on primary care. ment shared decision making using patient mentation of the pilot program under this (5) FINANCIAL ASSISTANCE.— decision aids under the pilot program under section (referred to in this section as ‘‘Phase (A) IN GENERAL.—The Secretary may pro- this section. The Secretary may allow eligi- I’’ of the pilot program), the Secretary shall vide financial assistance for a period of 8 ble providers to enroll in the pilot program enroll in the pilot program not more than 15 years to any regional center established or on a regular basis during phase II. eligible providers who have experience in im- supported under this subsection. (2) CONTINGENCY.—The Secretary shall not plementing, and have invested in the nec- (B) COST-SHARING REQUIREMENT.— implement phase II of the pilot program if essary infrastructure to implement, shared (i) IN GENERAL.—Except as provided in the Secretary finds, not later than 90 days decision making using patient decision aids clause (ii), the Secretary shall not provide as after the date of submittal of the interim re- for a period of 3 years. financial assistance under this subsection port under subsection (i)(2)(A), that the con- (2) APPLICATION.—An eligible provider more than 50 percent of the capital and an- tinued implementation of shared decision seeking to participate in the pilot program nual operating and maintenance funds re- making is not in the best interest of Medi- during phase I shall submit to the Secretary quired to establish and support such a cen- care beneficiaries. an application at such time and containing ter. (3) PREFERENCE.—In enrolling eligible pro- such information as the Secretary may re- (ii) WAIVER OF COST-SHARING REQUIRE- viders in the pilot program during phase II, quire. MENT.—The Secretary may waive the limita- the Secretary shall include, to the extent (3) PREFERENCE.—In enrolling eligible pro- tion under clause (i) if the Secretary deter- practicable, eligible providers that— viders in the pilot program during phase I, mines that, as a result of national economic (A) have or can acquire the infrastructure the Secretary shall give preference to eligi- conditions, such limitation would be detri- necessary to implement shared decision ble providers that— mental to the pilot program under this sec- making supported by patient decision aids (A) have documented experience in using tion. If the Secretary waives such limitation approved by the expert panel established patient decision aids for the conditions iden- under the preceding sentence, the Secretary under section 4(b) in a timely manner; tified in subsection (g) and in using shared shall submit to Congress a report containing (B) have training in the use of patient deci- decision making; the Secretary’s justification for such waiver. sion aids or will participate in training for (B) have the necessary information tech- (6) NOTICE OF PROGRAM DESCRIPTION AND health care professionals who will be in- nology infrastructure to collect the informa- AVAILABILITY OF FUNDS.—The Secretary shall volved in such use (as specified by the Sec- tion required by the Secretary for reporting publish in the Federal Register, not later retary); or purposes; than 12 months after the date of the enact- (C) represent high cost areas or high prac- (C) are trained in how to use patient deci- ment of this Act, a draft description of a pro- tice variation States under the Medicare sion aids and shared decision making; and gram for establishing and supporting re- program, and the District of Columbia. (D) would be eligible to receive financial gional centers under this subsection. Such (e) GUIDANCE.—The Secretary may, in con- assistance as a Shared Decision Making Re- draft description shall include the following: sultation with the expert panel established source Center under subsection (c). (A) A detailed explanation of the program under section 4(b), issue guidance to eligible (c) SHARED DECISION MAKING RESOURCE and the program goals. providers participating in the pilot program CENTERS.— (B) Procedures to be followed by applicants under this section on the use of patient deci- (1) IN GENERAL.—The Secretary shall pro- for financial assistance. sion aids approved by the expert panel. vide financial assistance for the establish- (C) Criteria for determining which appli- (f) REQUIREMENTS.— ment and support of Shared Decision Making cants are qualified to receive financial as- (1) IMPLEMENTATION OF APPROVED PATIENT Resource Centers (referred to in this section sistance. DECISION AIDS.— as ‘‘centers’’) to provide technical assistance (D) Maximum support levels expected to be (A) IN GENERAL.—During phase II of the to eligible providers and to develop and dis- available to centers under the program. pilot program under this section, an eligible seminate best practices and other informa- (7) APPLICATION REVIEW.—The Secretary provider participating in the pilot program tion to support and accelerate adoption, im- shall review each application for financial shall incorporate 1 or more patient decision plementation, and effective use of patient assistance under this subsection based on aids approved by the expert panel established decision aids and shared decision making by merit. In making a decision whether to ap- under section 4(b) in furnishing items and eligible providers under the Medicare pro- prove such application and provide financial services to Medicare beneficiaries with re- gram. assistance, the Secretary shall consider at a spect to 1 or more of the conditions identi- (2) AFFILIATION.—Centers shall be affiliated minimum the merits of the application, in- fied in subsection (g), together with ongoing with a United States-based organization or cluding those portions of the application re- support involved in furnishing such items group that applies for and is awarded finan- garding— and services.

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(B) DEFINED CLINICAL PROCESS.—During (5) Early-stage prostate cancer. (IV) appropriate utilization of shared deci- each phase of the pilot program under this (6) Early-stage breast cancer. sion making by eligible providers under the section, the eligible provider shall establish (7) End-of-life care. applicable phase of the pilot program; and implement a defined clinical process (8) Peripheral vascular disease. (V) savings to the Medicare program under under which, in the case of a Medicare bene- (9) Gall stones. title XVIII of the Social Security Act; and ficiary with 1 or more of such conditions, the (10) Threat of stroke from carotid artery (VI) the costs to eligible providers partici- eligible provider offers the Medicare bene- disease. pating in the pilot program of selecting, pur- ficiary shared decision making (supported by (11) Any other condition the Secretary chasing, and incorporating approved patient such a patient decision aid) and collects in- identifies as appropriate. decision aids and meeting reporting require- formation on the quality of patient decision ments under the applicable phase of the pilot making with respect to the Medicare bene- (h) QUALITY MEASURES.— program; and ficiary. (1) SELECTION.— (ii) identify the characteristics of indi- (2) FOLLOW-UP COUNSELING VISIT.— (A) IN GENERAL.—During each phase of the vidual eligible providers that are most effec- (A) IN GENERAL.—During each phase of the pilot program, the Secretary shall measure tive in implementing shared decision making pilot program under this section, an eligible the quality and implementation of shared under the applicable phase of the pilot pro- provider participating in the pilot program decision making. For purposes of making gram. under this section shall routinely schedule such measurements, the Secretary shall se- (3) REPORT BY THE SECRETARY.—Not later Medicare beneficiaries for a counseling visit lect, from among those quality measures rec- than 12 months after the completion of phase after the viewing of such a patient decision ommended by the expert panel under section II of the pilot program, the Secretary shall aid to answer any questions the beneficiary 4(b)(2)(C), consensus-based quality measures submit to Congress a report on the pilot pro- may have with respect to the medical care of that assess Medicare beneficiaries’ knowl- gram that includes— the condition involved and to assist the ben- edge of the options for medical treatment (A) the results of the independent evalua- eficiary in thinking through how their pref- relevant to their medical condition, as well tion conducted under paragraph (2); erences and concerns relate to their medical as the benefits and drawbacks of those med- (B) an evaluation of the impact of the pilot care. ical treatment options, and the Medicare program under this section, including the (B) PAYMENT FOR FOLLOW-UP COUNSELING beneficiaries’ goals and concerns regarding impact— VISIT.—The Secretary shall establish proce- their medical care. (i) of the use of patient decision aids ap- dures for making payments for such coun- (B) RISK ADJUSTMENT.—In order to ensure proved by the expert panel established under seling visits provided to Medicare bene- accurate measurement across quality meas- section 4(b) for the medical care of the condi- ficiaries during each phase of the pilot pro- ures and eligible providers, the Secretary tions described in subsection (g); gram under this section. Such procedures may risk adjust the quality measures se- (ii) on expenditures for such conditions shall provide for the establishment— lected under this paragraph to control for ex- under the Medicare program, including a (i) of a code (or codes) to represent such ternal factors, such as cognitive impairment, comparison of such expenditures for such services; and dementia, and literacy. conditions where such patient decision aids (ii) of a single payment amount for such (2) REPORTING DATA ON MEASURES.—During were used to such expenditures for such con- service that includes the professional time of each such phase, an eligible provider partici- ditions where such patient decision aids were the health care provider and a portion of the pating in the pilot program shall report to not used; and reasonable costs of the infrastructure of the the Secretary data on quality measures se- (iii) on Medicare beneficiaries, including eligible provider. lected under paragraph (1) in accordance the understanding by beneficiaries of the op- (C) LIMITATION.—In the case of an eligible with procedures established by the Sec- tions for medical care presented, concord- provider that is a Medicare Advantage plan, retary. ance between beneficiary values and the such eligible provider may not receive pay- (3) FEEDBACK ON MEASURES.—During each medical care received, the mode of approved ment for such services. such phase, the Secretary shall provide con- patient decision aid used (such as Internet, (3) WAIVER OF COINSURANCE.—The Sec- fidential reports to eligible providers partici- videos, and pamphlets), the timing of the de- retary shall establish procedures under pating in the pilot program on the perform- livery of such approved patient decision aid which an eligible provider participating in ance of the eligible provider on quality (such as the date of the initial diagnosis), the pilot program under this section may, in measures selected by the Secretary under and beneficiary and health care provider sat- the case of a low-income Medicare bene- paragraph (1), the aggregate performance of isfaction with the shared decision making process; ficiary (as determined by the Secretary), all eligible providers participating in the (C) an evaluation of which eligible pro- waive any coinsurance or copayment that pilot program, and any improvements in viders are most effective at implementing would otherwise apply for the follow-up such performance. counseling visit provided to such Medicare patient decision aids and assisting Medicare beneficiary under paragraph (2). (i) EVALUATIONS AND REPORTS.— beneficiaries in making informed decisions (4) COSTS OF IMPLEMENTATION.— (1) INDEPENDENT EVALUATION.—The Sec- on medical care; and (A) IN GENERAL.—Subject to subparagraph retary shall enter into a contract with an en- (D) recommendations for such legislation (B), during each phase of the pilot program, tity that has knowledge of shared decision and administrative action as the Secretary an eligible provider participating in the pilot making programs and demonstrated experi- determines appropriate. program shall be responsible for the costs of ence in the evaluation of such programs for (j) SAVINGS.— selecting, purchasing, and incorporating the conduct of an independent evaluation of (1) IN GENERAL.—Subject to paragraph (2), such patient decision aids into the group each phase of the pilot program under this not later than 2 years after the implementa- practice, reporting data on quality measures section. tion of phase I of the pilot program, and an- selected under subsection (h)(1), and record- (2) REPORTS BY ENTITY CONDUCTING INDE- nually thereafter for the duration of phase I ing outcomes under the pilot program. PENDENT EVALUATION.— and the first 2 years of phase II, the Sec- (B) FINANCIAL SUPPORT.—During each such (A) INTERIM REPORT.—Not later than 2 retary shall determine if there were any sav- phase, the Secretary may, in addition to years after the implementation of phase I of ings to the Medicare program as a result of payments for counseling visits under para- the pilot program, the entity with a contract such implementation during the preceding graph (2), provide financial support to an eli- under paragraph (1) shall submit to the Sec- year (or years, if applicable). In the case gible provider participating in the pilot pro- retary a report on the initial results of the where the Secretary determines there were gram to acquire the infrastructure necessary independent evaluation conducted under such savings, the Secretary shall use such to participate in the pilot program, includ- such paragraph. savings as follows: ing the development of clinical pathways to (B) FINAL REPORT.—Not later then 4 years (A) Fifty percent of such savings shall be assure that Medicare beneficiaries have ac- after the implementation of phase II of the used to provide bonus payments to eligible cess to high-quality shared decision making, pilot program, such entity shall submit to providers participating in the pilot program the reporting of data on quality measures se- the Secretary a report on the final results of who achieve high quality shared decision lected under subsection (h)(1), and the re- such independent evaluation. making (as measured by the level of partici- cording of outcomes under the pilot program (C) CONTENTS OF REPORT.—Each report sub- pation of Medicare beneficiaries in the after phase I of the pilot program (as deter- mitted under this paragraph shall— shared decision making process and high mined appropriate by the Secretary). (i) include an assessment of— scores by the eligible provider on quality (g) PREFERENCE SENSITIVE CARE DE- (I) quality measures selected under sub- measures selected under subsection (h)(1)). SCRIBED.—The patient decision aids approved section (h)(1); (B) Twenty-five percent of such savings under section 4(b)(2)(A) shall, to the extent (II) Medicare beneficiary and health care shall be placed in a Shared Decision Making practicable, include patient decision aids for provider satisfaction under the applicable Trust Fund established by the Secretary, medical care of the following conditions: phase of the pilot program; which shall be used to expand participation (1) Arthritis of the hip and knee. (III) utilization of medical services for in the pilot program to providers of services (2) Chronic back pain. Medicare beneficiaries with 1 or more of the and suppliers in additional settings (as deter- (3) Chest pain (stable angina). conditions described in subsection (g) and mined appropriate by the Secretary) by— (4) Enlarged prostate (benign prostatic hy- other Medicare beneficiaries as determined (i) providing financial assistance under pertrophy, or BPH). appropriate by the Secretary; subsection (c); and

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Eighty per- (C) Twenty-five percent of such savings onstration, and deployment programs, cent of China’s electricity comes from shall be retained by the Medicare program. and for other purposes; to the Com- coal. Prior to the current global reces- (2) RETENTION OF SAVINGS BY THE MEDICARE mittee on Energy and Natural Re- sion, China built one to two new coal PROGRAM.—In the case where the Secretary sources. plants every week. determines there are savings to the Medicare Mr. CASEY. Mr. President, I rise But the continued use of coal in the program as a result of the implementation of today to introduce the Responsible Use U.S. and abroad has a significant chal- the pilot program during a year (beginning of Coal Act of 2009. This bill provides lenge ahead of it—climate change. with the third year of phase II), 100 percent the Department of Energy with the While we have made progress in the of such savings shall be retained by the Medicare program. funding needed to continue to accel- U.S. in dealing with climate change, we (k) WAIVER.—The Secretary may waive erate both the research and develop- are still at the beginning of the process such provisions of titles XI and XVIII of the ment and the demonstration, and ulti- of piecing together a domestic program Social Security Act as may be necessary to mately, the deployment of carbon cap- that will work for all of the different carry out the pilot program under this sec- ture and storage, CCS, technology. regions of this country and that will tion. Further, this bill would position the reduce our greenhouse gas emissions so (l) FUNDING.—For purposes of carrying out section 4(a), implementing the pilot program U.S. as the world leader in CCS tech- that we meet our global commitment. under this section (including costs incurred nology development and export, cre- One of the key pieces that must be in conducting the evaluation under sub- ating the potential for thousands of included in our domestic program to section (i)), and carrying out section new clean energy jobs. help meet the challenge of climate 1890(b)(1)(A)(iv) of the Social Security Act, Climate change is one of the most change is carbon capture and storage. I as added by section 4(c), the Secretary shall complex and challenging imperatives am sponsoring the Responsible Use of provide for the transfer from the Federal that our Nation, and, the world, has Coal Act of 2009 to supplement funding Hospital Insurance Trust Fund established under section 1817 of the Social Security Act ever faced. We need to move forward in under the American Recovery and Re- (42 U.S.C. 1395i) to the Centers for Medicare crafting a national program that will investment Act by further accelerating & Medicaid Services Program Management reduce our greenhouse gas emissions, the Department of Energy’s CCS re- Account of $300,000,000 for the period of fiscal encourage the use of renewable power, search, development, demonstration, years 2010 through 2017. and create clean energy jobs. As we and deployment programs. Specifically SEC. 6. ESTABLISHMENT OF SHARED DECISION move forward, we must do so in a man- the bill will promote the rapid com- MAKING STANDARDS AND REQUIRE- ner that will ensure our energy secu- mercial demonstration and early de- MENTS IN MEDICARE. Title XVIII of the Social Security Act (42 rity, protect our industries from ‘‘car- ployment of carbon capture and stor- U.S.C. 1395 et seq.) is amended by adding at bon leakage,’’ help get our economy age systems that will allow the Nation the end the following new section: back on track, and enable us to con- to continue to use its abundant, secure, ‘‘ESTABLISHMENT OF SHARED DECISION MAKING tinue to benefit from our most abun- and low-cost coal resources while mov- STANDARDS AND REQUIREMENTS dant, affordable energy resource—coal. ing forward with a national program to ‘‘SEC. 1899. (a) IN GENERAL.—Based on the Today coal provides over half of the reduce the impact of man-made emis- findings of phases I and II of the pilot pro- Nation’s electricity. While coal use for sions on our environment. gram under section 5 of the Empowering energy generation has more than tri- The bill will promote the continued Medicare Patient Choices Act the Secretary pled since 1970, emissions of sulfur di- research and development of advanced shall promulgate regulations that— oxide, nitrogen oxide, and particulate CCS and other coal power generation ‘‘(1) specify for which preference sensitive conditions beneficiaries should, subject to matter from power plants have been technologies in order to drive down the succeeding provisions of this section, dramatically reduced as the power in- costs, increase performance, and foster participate in shared decision making; dustry deploys technologies for cap- innovation. It is crucial that, in par- ‘‘(2) require providers of services and sup- turing these pollutants. Now, respond- allel to the commercial demonstration pliers to make sure that beneficiaries receive ing to health concerns about mercury, of current CCS technology, we con- patient decision aids as appropriate; and power plants are implementing tech- tinue to develop and advance new CCS ‘‘(3) specify a process for beneficiaries to nology to capture this toxic element. ideas and concepts through a robust re- elect not to use such patient decision aids. This illustrates how the development ‘‘(b) PENALTY FOR NOT USING SHARED DECI- search and development program in SION MAKING.—Notwithstanding any other and deployment of advanced tech- order to continue to lower the cost of provision of this title, the Secretary shall nology has allowed coal to continue to complying with CO2 regulations. promulgate such regulations and issue such play such an important role in our en- The bill will promote the export of guidance as may be necessary to reduce by 20 ergy strategy in the face of strict envi- U.S. CCS technologies to those coun- percent the amount of payment under this ronmental requirements. tries, such as China and India, which title that would otherwise apply to an item Coal helps keep American homes, also rely on coal as their dominant en- or service specified by the Secretary if the businesses, factories, airports, schools ergy source—ensuring that the U.S. is patient does not receive a patient decision aid prior to such item or service being fur- and hospitals humming. Coal creates the leader in developing and exporting nished (except in the case where the bene- millions of good-paying jobs across all clean coal technologies and taking ad- ficiary has elected not to use such patient sectors of the economy—from direct vantage of the thousands of new clean decision aid under the process specified and indirect mining and electric utility energy jobs such an industry would under subsection (a)(3)). jobs to all those businesses and indus- create. ‘‘(c) SECRETARIAL AUTHORITY TO WAIVE AP- tries, large and small, which depend on I am fully committed to work with PLICATION OF THIS SECTION.—The Secretary affordable electricity to compete in the my colleagues in the Senate in address- may waive the application of this section to an item or service under this title if the Sec- global marketplace. Coal-based elec- ing climate change. At the same time, retary determines either of the following: tricity keeps people warm on freezing I believe that the Nation needs to rec- ‘‘(1) Medical societies and others have es- nights and comfortable during the hot- ognize the critical role coal plays in tablished evidence-based transparent stand- test of summer days. Coal provides the driving our economic engine and to ag- ards incorporating patient decision aids and reliable, secure electricity needed for gressively move forward in the re- shared decision making into the standard of the myriad of medical procedures to search, development, demonstration, patient care for preference sensitive condi- detect and treat cancer, heart disease and deployment of CCS technology. tions. I urge all of my colleagues to join me ‘‘(2) Shared decision making is not in the and other health threats, saving innu- best interest of beneficiaries.’’. merous lives every year. Electricity in ensuring that the United States con- from coal is there when you need it. tinues to enjoy the economic and en- By Mr. CASEY: Much of the world depends on coal, ergy security advantages that our do- SA 1134. A bill to ensure the energy and developing economies like China mestic coal resources afford us while independence and economic viability of and India are increasingly relying on we move forward in crafting legislation

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5841 that will reduce our emissions of green- SEC. 4. PROGRAMS. (A) $80,000,000 for fiscal year 2010; house gases. (a) RESEARCH AND DEVELOPMENT PRO- (B) $100,000,000 for fiscal year 2011; GRAM.— Mr. President, I ask unanimous con- (C) $120,000,000 for fiscal year 2012; and (1) IN GENERAL.—As soon as practicable (D) $120,000,000 for fiscal year 2013; sent that the text of the bill be printed after the date of enactment of this Act, in (3) to carry out the research and develop- in the RECORD. accordance with paragraph (2) and sub- ment program under section 4(a)(5)— There being no objection, the text of section (b), the Secretary, acting through (A) $170,000,000 for fiscal year 2010; the bill was ordered to be printed in the Director of the National Energy Tech- (B) $200,000,000 for fiscal year 2011; the RECORD, as follows: nology Laboratory, shall carry out a re- (C) $225,000,000 for fiscal year 2012; and search, development, and demonstration pro- (D) $225,000,000 for fiscal year 2013; and S. 1134 gram through the National Energy Tech- (4) to carry out the research and develop- Be it enacted by the Senate and House of Rep- nology Laboratory to further advance carbon ment program under section 4(a)(6)— resentatives of the United States of America in capture and storage and coal power genera- (A) $250,000,000 for fiscal year 2010; Congress assembled, tion technologies. (B) $270,000,000 for fiscal year 2011; (2) REQUIRED PROGRAMS.—The program de- SECTION 1. SHORT TITLE. (C) $300,000,000 for fiscal year 2012; and scribed in paragraph (1) shall include each (D) $300,000,000 for fiscal year 2013. This Act may be cited as the ‘‘Responsible program described in paragraphs (3) through Use of Coal Act of 2009’’. (6). By Ms. STABENOW (for herself, SEC. 2. DEFINITIONS. (3) COMMERCIAL DEMONSTRATION PRO- Mr. BROWNBACK, Mr. DURBIN, GRAM.—As soon as practicable after the date In this Act: Mr. VOINOVICH, Mr. LEVIN, Mr. (1) CARBON CAPTURE AND STORAGE TECH- of enactment of this Act, the Secretary, act- BROWN, Ms. MIKULSKI, and Mr. NOLOGY.—The term ‘‘carbon capture and ing through the Director of the National En- storage technology’’ means an advanced ergy Technology Laboratory, shall carry out LIEBERMAN): technology or concept that the Secretary de- a large-scale commercial demonstration pro- S. 1135. A bill to establish a vol- termines to have the potential— gram to evaluate the most promising carbon untary program in the National High- (A) to capture or remove— capture and storage technologies. way Traffic Safety Administration to (i) carbon dioxide that is emitted from a (4) RESEARCH AND DEVELOPMENT PROGRAM encourage consumers to trade-in older coal-fired power plant; and REGARDING CARBON CAPTURE TECHNOLOGIES.— vehicles for more fuel efficient vehi- (ii) other industrial sources; As soon as practicable after the date of en- cles, and for other purposes; to the actment of this Act, the Secretary shall (B) to store carbon dioxide in geological Committee on Commerce, Science, and formations; and carry out a research and development program under which the Secretary shall evalu- Transportation. (C) to use carbon dioxide for— Ms. STABENOW. Mr. President, I ask (i) enhanced oil and natural gas recovery; ate carbon capture technologies to decrease or the cost, and increase the performance, of unanimous consent that the text of the (ii) other large-volume, beneficial uses. carbon capture technologies. bill be printed in the RECORD. (2) CARBON CAPTURE TECHNOLOGY.— (5) RESEARCH AND DEVELOPMENT PROGRAM There being no objection, the text of (A) IN GENERAL.—The term ‘‘carbon cap- REGARDING CARBON DIOXIDE STORAGE.—As the bill was ordered to be printed in soon as practicable after the date of enact- ture technology’’ means any precombustion the RECORD, as follows: ment of this Act, the Secretary shall carry technology, post-combustion technology, or S. 1135 oxy-combustion technology or process. out a research and development program under which the Secretary shall evaluate op- Be it enacted by the Senate and House of Rep- (B) INCLUSION.—The term ‘‘carbon capture tions for carbon dioxide storage in geological resentatives of the United States of America in technology’’ includes carbon dioxide com- Congress assembled, pression technology. formations— (A) for enhanced oil and natural gas recov- SECTION 1. SHORT TITLE. (3) ENHANCED OIL AND NATURAL GAS RECOV- ery; and This Act may be cited as the ‘‘Drive Amer- ERY.—The term ‘‘enhanced oil and natural (B) to decrease the cost, and increase the ica Forward Act of 2009’’. gas recovery’’ means the use of carbon diox- performance, of carbon capture and storage SEC. 2. DRIVE AMERICA FORWARD PROGRAM. ide to improve or enhance the recovery of oil technologies in existence as of the date of (a) ESTABLISHMENT.—There is established or natural gas from a depleted oil or natural enactment of this Act. in the National Highway Traffic Safety Ad- gas field. (6) RESEARCH AND DEVELOPMENT PROGRAM ministration a voluntary program to be (4) PRECOMBUSTION TECHNOLOGY.—The term REGARDING ADVANCED CLEAN COAL POWER GEN- known as the ‘‘Drive America Forward Pro- ‘‘precombustion technology’’ means a coal or ERATION TECHNOLOGIES.—As soon as prac- gram’’ through which the Secretary, in ac- coal-biomass gasification or integrated gas- ticable after the date of enactment of this cordance with this section and the regula- ification combined-cycle process coupled Act, the Secretary shall carry out a research tions promulgated under subsection (d), with carbon dioxide storage or reuse. and development program under which the shall— (5) SECRETARY.—The term ‘‘Secretary’’ Secretary shall evaluate advanced clean coal (1) authorize the issuance of an electronic means the Secretary of Energy. power generation technologies to make prac- voucher, subject to the specifications set SEC. 3. PURPOSES. ticable— forth in subsection (c), to offset the purchase The purposes of this Act are— (A) the capture and storage of carbon diox- price or lease price for a qualifying lease of (1) to promote the continued responsible ide; and a new fuel efficient automobile upon the sur- use of the abundant, secure, and low-cost (B) highly efficient power generation (in- render of an eligible trade-in vehicle to a coal resources of the United States through cluding advanced turbines, fuel cells, hydro- dealer participating in the Program; the research, development, demonstration, gen production, and advanced gasification). (2) certify dealers for participation in the and deployment of— (b) COST-SHARING REQUIREMENTS.— Program— (A) carbon capture and storage tech- (1) COMMERCIAL DEMONSTRATION PRO- (A) to accept vouchers as provided in this nologies; and GRAM.—The Federal share of the cost of any section as partial payment or down payment (B) advanced coal power generation tech- competitively procured project carried out for the purchase or qualifying lease of any nologies; using funds provided under the commercial new fuel efficient automobile offered for sale (2) to promote the exportation of the car- demonstration program described in sub- or lease by that dealer; and bon capture and storage technologies and ad- section (a)(3) shall be not more than 50 per- (B) in accordance with subsection (c)(2), to vanced coal power generation technologies cent. transfer each eligible trade-in vehicle sur- developed by the United States to countries (2) OTHER PROGRAMS.—The Federal share of rendered to the dealer under the Program to that rely on coal as the dominant energy the cost of any competitively procured an entity for disposal; source of the countries (including China and project carried out using funds provided (3) in consultation with the Secretary of India); and under a program described in paragraph (4), the Treasury, make electronic payments to (3) to support the deployment of carbon (5), or (6) of subsection (a) shall be not more dealers for vouchers accepted by such deal- capture and storage technologies by— than 80 percent. ers, in accordance with the regulations (A) quantifying the risks of the tech- SEC. 5. AUTHORIZATION OF APPROPRIATIONS. issued under subsection (d); nologies; and There are authorized to be appropriated to (4) in consultation with the Secretary of (B) helping to establish the most appro- the Secretary— the Treasury, provide for the payment of re- priate framework for managing liabilities as- (1) to carry out the commercial demonstra- bates to persons who qualify for a rebate sociated with all phases of carbon capture tion program under section 4(a)(3)— under subsection (c)(3); and and storage technology projects, including— (A) $300,000,000 for fiscal year 2010; (5) in consultation with the Secretary of (i) the capture and transportation of car- (B) $350,000,000 for fiscal year 2011; the Treasury and the Inspector General of bon dioxide; and (C) $400,000,000 for fiscal year 2012; and the Department of Transportation, establish (ii) the siting, design, operation, closure, (D) $400,000,000 for fiscal year 2013; and provide for the enforcement of measures and long-term stewardship of carbon dioxide (2) to carry out the research and develop- to prevent and penalize fraud under the Pro- storage facilities. ment program under section 4(a)(4)— gram.

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(b) QUALIFICATIONS FOR AND VALUE OF (D) CAP ON FUNDS FOR CATEGORY 3 TRUCKS.— enactment of this Act. Such regulations VOUCHERS.—A voucher issued under the Pro- Not more than 7.5 percent of the total funds shall— gram shall have a value that may be applied made available for the Program shall be used (1) provide for a means of certifying deal- to offset the purchase price or lease price for for vouchers for the purchase or qualifying ers for participation in the Program; a qualifying lease of a new fuel efficient lease of category 3 trucks. (2) establish procedures for the reimburse- automobile as follows: (E) COMBINATION WITH OTHER INCENTIVES ment of dealers participating in the Program (1) $3,500 VALUE.—The voucher may be used PERMITTED.—The availability or use of a Fed- to be made through electronic transfer of to offset the purchase price or lease price of eral, State, or local incentive or a State- funds for both the amount of the vouchers the new fuel efficient automobile by $3,500 issued voucher for the purchase or lease of a and any reasonable administrative costs in- if— new fuel efficient automobile shall not limit curred by the dealer as soon as practicable (A) the new fuel efficient automobile is a the value or issuance of a voucher under the but no longer than 10 days after the submis- passenger automobile and the combined fuel Program to any person otherwise eligible to sion of a voucher for the new fuel efficient economy value of such automobile is at least receive such a voucher. automobile to the Secretary; 4 miles per gallon higher than the combined (F) NO ADDITIONAL FEES.—A dealer partici- (3) allow the dealer to use the voucher in fuel economy value of the eligible trade-in pating in the program may not charge a per- addition to any other rebate or discount of- vehicle; son purchasing or leasing a new fuel efficient fered by the dealer or the manufacturer for (B) the new fuel efficient automobile is a automobile any additional fees associated the new fuel efficient automobile and pro- category 1 truck and the combined fuel econ- with the use of a voucher under the Program. hibit the dealer from using the voucher to omy value of such truck is at least 2 miles (G) NUMBER AND AMOUNT.—The total num- offset any such other rebate or discount; per gallon higher than the combined fuel ber and value of vouchers issued under the (4) require dealers to disclose to the person economy value of the eligible trade-in vehi- Program may not exceed the amounts appro- trading in an eligible trade-in vehicle the cle; priated for such purpose. best estimate of the scrappage value of such (C) the new fuel efficient automobile is a (2) DISPOSITION OF ELIGIBLE TRADE-IN VEHI- vehicle and to permit the dealer to retain $50 category 2 truck that has a combined fuel CLES.— of any amounts paid to the dealer for economy value of at least 15 miles per gallon (A) IN GENERAL.—For each eligible trade-in scrappage of the automobile as payment for and— vehicle surrendered to a dealer under the any administrative costs to the dealer asso- (i) the eligible trade-in vehicle is a cat- Program, the dealer shall certify to the Sec- ciated with participation in the Program; egory 2 truck and the combined fuel econ- retary, in such manner as the Secretary (5) establish a process by which persons omy value of the new fuel efficient auto- shall prescribe by rule, that the dealer— who qualify for a rebate under subsection mobile is at least 1 mile per gallon higher (i) has not and will not sell, lease, ex- (c)(3) may apply for such rebate; than the combined fuel economy value of the change, or otherwise dispose of the vehicle (6) consistent with subsection (c)(2), estab- eligible trade-in vehicle; or for use as an automobile in the United lish requirements and procedures for the dis- (ii) the eligible trade-in vehicle is a cat- States or in any other country; and posal of eligible trade-in vehicles and provide egory 3 truck of model year 2001 or earlier; (ii) will transfer the vehicle (including the such information as may be necessary to en- or engine and drive train), in such manner as tities engaged in such disposal to ensure that (D) the new fuel efficient automobile is a the Secretary prescribes, to an entity that such vehicles are disposed of in accordance category 3 truck and the eligible trade-in ve- will ensure that the vehicle— with such requirements and procedures, in- hicle is a category 3 truck of model year of (I) will be crushed or shredded within such cluding— 2001 or earlier and is of similar size or larger period and in such manner as the Secretary (A) requirements for the removal and ap- than the new fuel efficient automobile as de- prescribes; and propriate disposition of refrigerants, anti- termined in a manner prescribed by the Sec- freeze, lead products, mercury switches, and retary. (II) has not been, and will not be, sold, leased, exchanged, or otherwise disposed of such other toxic or hazardous vehicle compo- (2) $4,500 VALUE.—The voucher may be used nents prior to the crushing or shredding of to offset the purchase price or lease price of for use as an automobile in the United States or in any other country. an eligible trade-in vehicle, in accordance the new fuel efficient automobile by $4,500 with rules established by the Secretary in (B) SAVINGS PROVISION.—Nothing in sub- if— consultation with the Administrator of the (A) the new fuel efficient automobile is a paragraph (A) may be construed to preclude a person who dismantles or disposes of the Environmental Protection Agency, and in passenger automobile and the combined fuel accordance with other applicable Federal or economy value of such automobile is at least vehicle from— (i) selling any parts of the disposed vehicle State requirements; 10 miles per gallon higher than the combined (B) a mechanism for dealers to certify to fuel economy value of the eligible trade-in other than the engine block and drive train (unless the engine or drive train has been the Secretary that each eligible trade-in ve- vehicle; hicle will be transferred to an entity that (B) the new fuel efficient automobile is a crushed or shredded); or (ii) retaining the proceeds from such sale. will ensure that the vehicle is disposed of, in category 1 truck and the combined fuel econ- accordance with such requirements and pro- (C) COORDINATION.—The Secretary shall co- omy value of such truck is at least 5 miles cedures, and to submit the vehicle identifica- per gallon higher than the combined fuel ordinate with the Attorney General to ensure that the National Motor Vehicle Title tion numbers of the vehicles disposed of and economy value of the eligible trade-in vehi- the new fuel efficient automobile purchased cle; or Information System and other publicly accessible systems are appropriately updated with each voucher; and (C) the new fuel efficient automobile is a (C) a list of entities to which dealers may category 2 truck that has a combined fuel on a timely basis to reflect the crushing or shredding of vehicles under this section and transfer eligible trade-in vehicles for dis- economy value of at least 15 miles per gallon posal; and the combined fuel economy value of such appropriate reclassification of the vehicles’ titles. The commercial market shall also (7) consistent with subsection (c)(2), estab- truck is 2 miles per gallon higher than the lish requirements and procedures for the dis- combined fuel economy value of the eligible have electronic and commercial access to the vehicle identification numbers of vehi- posal of eligible trade-in vehicles and provide trade-in vehicle and the eligible trade-in ve- such information as may be necessary to en- hicle is a category 2 truck. cles that have been disposed of on a timely basis. tities engaged in such disposal to ensure that (c) PROGRAM SPECIFICATIONS.— such vehicles are disposed of in accordance (3) ELIGIBLE PURCHASES OR LEASES PRIOR TO (1) LIMITATIONS.— with such requirements and procedures; and DATE OF ENACTMENT.—A person who pur- (A) GENERAL PERIOD OF ELIGIBILITY.—A (8) provide for the enforcement of the pen- voucher issued under the Program shall be chased or leased a new fuel efficient vehicle after March 30, 2009, and before the date of alties described in subsection (e). used only for the purchase or qualifying (e) ANTI-FRAUD PROVISIONS.— the enactment of this Act is eligible for a lease of new fuel efficient automobiles that (1) VIOLATION.—It shall be unlawful for any cash rebate equivalent to the amount de- occur between— person to knowingly violate any provision scribed in subsection (b)(1) if the person pro- (i) March 30, 2009; and under this section or any regulations issued vides proof satisfactory to the Secretary (ii) the day that is 1 year after the date on pursuant to subsection (d). that— which the regulations promulgated under (2) PENALTIES.—Any person who commits a (A)(i) the person was the registered owner subsection (d) are implemented. violation described in paragraph (1) shall be of an eligible trade-in vehicle; or (B) NUMBER OF VOUCHERS PER PERSON AND liable to the United States Government for a (ii) if the person leased the vehicle, the PER TRADE-IN VEHICLE.—Not more than 1 civil penalty of not more than $15,000 for lease was a qualifying lease; and voucher may be issued for a single person each violation. (B) the vehicle has been disposed of in ac- and not more than 1 voucher may be issued (f) INFORMATION TO CONSUMERS AND DEAL- cordance with clauses (i) and (ii) of para- for the joint registered owners of a single eli- ERS.—Not later than 30 days after the date of gible trade-in vehicle. graph (2)(A). the enactment of this Act, and promptly (C) NO COMBINATION OF VOUCHERS.—Only 1 (d) REGULATIONS.—Notwithstanding the re- upon the update of any relevant information, voucher issued under the Program may be quirements of section 553 of title 5, United the Secretary shall make available on an applied toward the purchase or qualifying States Code, the Secretary shall promulgate Internet website and through other means lease of a single new fuel efficient auto- final regulations to implement the Program determined by the Secretary information mobile. not later than 30 days after the date of the about the Program, including—

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5843 (1) how to determine if a vehicle is an eligi- tled ‘‘Light-Duty Automotive Technology (11) the term ‘‘scrappage value’’ means the ble trade-in vehicle; and Fuel Economy Trends: 1975 through amount received by the dealer for a vehicle (2) how to participate in the Program, in- 2008’’; upon transferring title of such vehicle to the cluding how to determine participating deal- (4) the term ‘‘category 3 truck’’ means a person responsible for ensuring the disman- ers; and work truck, as defined in section 32901(a)(19) tling and destroying the vehicle; (3) a comprehensive list, by make and of title 49, United States Code; (12) the term ‘‘Secretary’’ means the Sec- model, of new fuel efficient automobiles (5) the term ‘‘combined fuel economy retary of Transportation acting through the meeting the requirements of the Program. value’’ means— National Highway Traffic Safety Adminis- Once such information is available, the Sec- (A) with respect to a new fuel efficient tration; retary shall conduct a public awareness cam- automobile, the number, expressed in miles (13) the term ‘‘ultimate purchaser’’ means, paign to inform consumers about the Pro- per gallon, centered below the words ‘‘Com- with respect to any new automobile, the first gram and where to obtain additional infor- bined Fuel Economy’’ on the label required person who in good faith purchases such mation. to be affixed or caused to be affixed on a new automobile for purposes other than resale; automobile pursuant to subpart D of part 600 (g) RECORDKEEPING AND REPORT.— and of title 40, Code of Federal Regulations; (1) DATABASE.—The Secretary shall main- (14) the term ‘‘vehicle identification num- tain a database of the vehicle identification (B) with respect to an eligible trade-in ve- ber’’ means the 17-character number used by hicle, the equivalent of the number described numbers of all new fuel efficient vehicles the automobile industry to identify indi- in subparagraph (A), and posted under the purchased or leased and all eligible trade-in vidual automobiles. words ‘‘Estimated New EPA MPG’’ and vehicles disposed of under the Program. SEC. 3. REALLOCATION OF APPROPRIATIONS. above the word ‘‘Combined’’ for vehicles of (2) REPORT.—Not later than 60 days after From the amounts appropriated under the model year 1984 through 2007, or posted under the termination date described in subsection American Recovery and Reinvestment Act of the words ‘‘New EPA MPG’’ and above the (c)(1)(A)(ii), the Secretary shall submit a re- 2009 (Public Law 111–5), the Director of the word ‘‘Combined’’ for vehicles of model year port to the Committee on Energy and Com- Office of Management and Budget may allo- 2008 or later on the fueleconomy.gov website merce of the House of Representatives and cate such sums as the Director determines to of the Environmental Protection Agency for the Committee on Commerce, Science, and be necessary to carry out the Drive America the make, model, and year of such vehicle; or Forward Program established under this Act. Transportation of the Senate describing the (C) with respect to an eligible trade-in ve- efficacy of the Program, including— hicle manufactured between model years 1978 By Mr. FEINGOLD (for himself, (A) a description of Program results, in- through 1984, the equivalent of the number Ms. SNOWE, Mrs. LINCOLN, Mr. cluding— described in subparagraph (A) as determined (i) the total number and amount of vouch- by the Secretary (and posted on the website SANDERS, and Mr. DODD): ers issued for purchase or lease of new fuel of the National Highway Traffic Safety Ad- S. 1137. A bill to amend the Elemen- efficient automobiles by manufacturer (in- ministration) using data maintained by the tary and Secondary Education Act of cluding aggregate information concerning Environmental Protection Agency for the 1965 to establish a Volunteer Teacher the make, model, model year) and category make, model, and year of such vehicle; Advisory Committee; to the Com- of automobile; (6) the term ‘‘dealer’’ means a person li- mittee on Health, Education, Labor, (ii) aggregate information regarding the censed by a State who engages in the sale of and Pensions. make, model, model year, and manufac- new automobiles to ultimate purchasers; turing location of vehicles traded in under Mr. FEINGOLD. Mr. President, I am (7) the term ‘‘eligible trade-in vehicle’’ today introducing the Teachers at the the Program; and means an automobile or a work truck (as (iii) the location of sale or lease; such terms are defined in section 32901(a) of Table Act of 2009. This bill is the Sen- (B) an estimate of the overall increase in title 49, United States Code) that, at the ate companion to legislation intro- fuel efficiency in terms of miles per gallon, time it is presented for trade-in under this duced in the House of Representatives total annual oil savings, and total annual section— by Representative Carolyn McCarthy greenhouse gas reductions, as a result of the (A) is in drivable condition; of New York and Representative LEE Program; and (B) has been continuously insured con- (C) an estimate of the overall economic Terry of Nebraska and would create a sistent with the applicable State law and Volunteer Teacher Advisory Com- and employment effects of the Program. registered to the same owner for a period of (h) EXCLUSION OF VOUCHERS AND REBATES not less than 1 year immediately prior to mittee to advise Congress and the De- FROM INCOME.— such trade-in; partment of Education on the impact (1) FOR PURPOSES OF ALL FEDERAL PRO- (C) was manufactured less than 25 years be- of the Elementary and Secondary Edu- GRAMS.—A voucher issued under the Program fore the date of the trade-in; and cation Act, ESEA, also known as No or a cash rebate issued under subsection (D) in the case of an automobile, has a Child Left Behind, NCLB, on students, (c)(3) shall not be regarded as income and combined fuel economy value of 18 miles per their families, and the classroom learn- shall not be regarded as a resource for the gallon or less; ing environment. The teachers serving month of receipt of the voucher or rebate (8) the term ‘‘new fuel efficient auto- and the following 12 months, for purposes of mobile’’ means an automobile described in on this committee would be chosen determining the eligibility of the recipient paragraph (1), (2), (3), or (4)— from past or present State or national of the voucher or rebate (or the recipient’s (A) the equitable or legal title of which has Teachers of the Year and would be spouse or other family or household mem- not been transferred to any person other competitively selected by the Sec- bers) for benefits or assistance, or the than the ultimate purchaser; retary of Education and the majority amount or extent of benefits or assistance, (B) that carries a manufacturer’s suggested and minority leaders of both the Sen- under any Federal program. retail price of $45,000 or less; ate and the House of Representatives. (2) FOR PURPOSES OF TAXATION.—A voucher (C) that— Every year I travel to each of Wis- issued under the Program or a cash rebate (i) in the case of passenger automobiles, issued under subsection (c)(3) shall not be category 1 trucks, or category 2 trucks, is consin’s 72 counties to hold a listening considered as gross income for purposes of certified to applicable standards under sec- session to listen to Wisconsinites’ con- the Internal Revenue Code of 1986. tion 86.1811–04 of title 40, Code of Federal cerns and answer their questions. Since (i) DEFINITIONS.—As used in this section— Regulations; or NCLB was enacted in early 2002, edu- (1) the term ‘‘passenger automobile’’ (ii) in the case of category 3 trucks, is cer- cation has rated as one of the top means a passenger automobile, as defined in tified to the applicable vehicle or engine issues brought up at these listening section 32901(a)(18) of title 49, United States standards under section 86.1816–08, 86.007–11, sessions. I have received feedback from Code, that has a combined fuel economy or 86.008–10 of title 40, Code of Federal Regu- constituents about the noble inten- value of at least 22 miles per gallon; lations; and (2) the term ‘‘category 1 truck’’ means a (D) that has the combined fuel economy tions of NCLB, but I have also heard nonpassenger automobile, as defined in sec- value of— about the multitude of implementation tion 32901(a)(17) of title 49, United States (i) 22 miles per gallon for a passenger auto- problems with the law’s provisions. Code, that has a combined fuel economy mobile; The feedback from teachers, parents, value of at least 18 miles per gallon, except (ii) 18 miles per gallon for a category 1 school administrators, and school that such term does not include a category 2 truck; or board members has been invaluable truck; (iii) 15 miles per gallon for a category 2 over the past 7 years and has guided (3) the term ‘‘category 2 truck’’ means a truck; many of my education policymaking nonpassenger automobile, as defined in sec- (9) the term ‘‘Program’’ means the Drive tion 32901(a)(17) of title 49, United States America Forward Program established by decisions. Code, that is a large van or a large pickup, this section; As Congress seeks to undertake the as categorized by the Secretary using the (10) the term ‘‘qualifying lease’’ means a reauthorization of ESEA this year, it is method used by the Environmental Protec- lease of an automobile for a period of not my hope that this legislation can be tion Agency and described in the report enti- less than 5 years; part of the reauthorization. Feedback

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5844 CONGRESSIONAL RECORD — SENATE May 21, 2009 from good teachers is absolutely vital Study and Facilities Act to expand the vital that we look to adopt innovative to understanding how federal education Bay Area Regional Recycling Program, water recycling technologies which policy is impacting classroom instruc- and for other purposes; to the Com- sustain permanent clean water supplies tion around the country. This legisla- mittee on Energy and Natural Re- and support existing water resources tion seeks to help ensure that contin- sources. and local economies. uous feedback is provided to Congress Mrs. FEINSTEIN. Mr. President, I Nine Bay Area congressional rep- about how the reauthorized ESEA is rise on behalf of myself and Senator resentatives in the House put this re- impacting student achievement and BOXER to introduce the Bay Area Re- gional approach together, and I’d like closing the persistent achievement gap gional Water Recycling Program Ex- to recognize and thank them for their that exists in our Nation. pansion Act of 2009, which will reduce leadership: GEORGE MILLER, D-Mar- The Teachers at the Table bill I am demand for limited fresh water sup- tinez, Pete Stark, D-Fremont, ELLEN introducing today seeks to help ensure plies by providing recycled water to 6 TAUSCHER, D-Concord, ANNA ESHOO, D- that Congress and the Department of communities across the Bay Area. Palo Alto, MIKE HONDA, D-San Jose, Education receive high-quality yearly It will make 6 additional Bay Area LYNN WOOLSEY, D-Petaluma, JERRY feedback on how ESEA/NCLB is im- recycled water projects eligible for a 25 MCNERNEY, D-Pleasanton, ZOE pacting classroom learning around the percent Federal cost-share, and expand LOFGREN, D-San Jose and JACKIE country. The teachers who will serve the authorizations for two more, total- SPEIER, D-San Mateo, worked together on this committee represent some of ing $38,075,000. The activities author- to address the Bay Area’s water needs. the best that teaching has to offer. The ized by the new legislation include in- This bill reflects a federal-local part- bill would create a committee of 20 stalling new piping, storage tanks, and nership and will provide communities teachers, with 4 selected by the Sec- pump stations to convey the recycled in the San Francisco Bay Area with re- retary of Education and 4 selected by water to a number of cities across the liable and sustainable water supplies, each of the majority and minority Bay Area. and be a benchmark for other major leaders in the Senate and House of Rep- These projects collectively will save American cities. resentatives. These teachers would 2.6 billion gallons per year of regional Declining water supplies affects peo- serve 2-year terms on the advisory water supply by providing a new water ple from all across the United States. committee and would work to prepare supply of clean treated wastewater for Now is the time to invest in new water annual reports to Congress as well as irrigation and industrial use. It will technologies, such as water recycling, quarterly updates on the law’s imple- free up the amount needed to supply to meet increasing needs. Wastewater mentation. 24,225 households in the growing Bay recycling is an important part of a Every State and every school district Area region. And to the regional agen- multifaceted water supply strategy is different and this legislation ensures cies, over 3,500 local green jobs will be that also includes surface and ground- that the teacher advisory committee supported by this legislation. water storage, improved conveyance, will represent a wide range of view- The adoption of water recycling tech- conservation, and desalination. points. The bill specifies that the vol- nology is an invaluable conservation Mr. President, I ask unanimous con- unteer teacher advisory committee method which will result in 8,000 acre- sent that the text of the bill be printed should include teachers from diverse feet of new and reliable water which in the RECORD. geographic areas, teachers who teach will reduce demand on fresh water from There being no objection, the text of different grade levels, and teachers the Delta. the bill was ordered to be printed in from a variety of specialty areas. Cre- California is facing phenomenal the RECORD, as follows: ating a diverse committee will help en- water supply challenges that are af- S. 1138 sure that the committee presents a fecting our economy, our communities Be it enacted by the Senate and House of Rep- broad range of viewpoints on ESEA/ and our environment. resentatives of the United States of America in NCLB to Congress and the Department California’s water infrastructure is Congress assembled, of Education. woefully out of date. Drought, popu- SECTION 1. SHORT TITLE. Much work needs to be done this year lation growth, climate variability, eco- This Act may be cited as the ‘‘Bay Area to reform many of the mandates of system needs and a broken Delta are Regional Water Recycling Program Expan- sion Act of 2009’’. ESEA/NCLB and I look forward to making it even more difficult to man- working with my colleagues during the age our water system and deliver reli- SEC. 2. PROJECT AUTHORIZATIONS. able supplies. (a) IN GENERAL.—The Reclamation Waste- reauthorization to make those nec- water and Groundwater Study and Facilities essary changes. One thing is certain And unless we take action to address Act (43 U.S.C. 390h et seq.) (as amended by whatever form the reauthorized ESEA climate change, we could lose a signifi- section 512(a) of the Consolidated Natural takes, there will be a need for con- cant portion of the Sierra snowpack, Resources Act of 2008) is amended by adding sistent feedback from a diverse range which stores water for 2/3 of California, at the end the following: of viewpoints. by 2100. ‘‘SEC. 1649. CCCSD-CONCORD RECYCLED WATER We need to ensure that the voices of Increasing the capability for and use PROJECT. students, educators, parents, and ad- of recycled water will help address ‘‘(a) AUTHORIZATION.—The Secretary, in cooperation with the Central Contra Costa ministrators, who are on the frontlines California’s cycles of drought and reduce dependence on water from the Sanitary District, California, is authorized of education reform in our country, are to participate in the design, planning, and heard during the reauthorization of troubled Bay-Delta ecosystem. construction of recycled water distribution ESEA and going forward during the re- Water recycling projects are already systems. authorized law’s implementation in under way in several local Bay Area ‘‘(b) COST SHARE.—The Federal share of the years to come. This bill seeks to help communities, and have qualified for cost of the project authorized by this section address that need by enlisting the serv- Federal funding under the Bay Area shall not exceed 25 percent of the total cost ice of some of America’s best teachers Regional Water Recycling Program. of the project. This program allows local water man- ‘‘(c) LIMITATION.—The Secretary shall not in providing information to Federal provide funds for the operation and mainte- education policymakers. The advisory agers to treat wastewater and use the nance of the project authorized by this sec- committee created by this legislation clean, recycled water for landscape ir- tion. will provide nationwide feedback and rigation and other uses, including at ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— will allow Congress to hear about golf courses, schools, city parks and There is authorized to be appropriated to ESEA/NCLB directly from those who other municipal facilities. Under the carry out this section $1,800,000. deal with the law and its consequences new legislation, the six additional Bay ‘‘SEC. 1650. CENTRAL DUBLIN RECYCLED WATER Area communities would be allowed to DISTRIBUTION AND RETROFIT on a daily basis. PROJECT. work with the Federal Bureau of Rec- ‘‘(a) AUTHORIZATION.—The Secretary, in co- By Mrs. FEINSTEIN (for herself lamation to use water supplies more ef- operation with the Dublin San Ramon Serv- and Mrs. BOXER): ficiently. ices District, California, is authorized to par- S. 1138. A bill to amend the Reclama- With the increasing strain on Bay- ticipate in the design, planning, and con- tion Wastewater and Groundwater Delta and other natural resources, it is struction of recycled water system facilities.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5845 ‘‘(b) COST SHARE.—The Federal share of the lamation Wastewater and Groundwater By the same token, this high per- cost of the project authorized by this section Study and Facilities Act, and sections 1649 centage of Federal land ownership shall not exceed 25 percent of the total cost through 1654 of such Act, as added by sub- sometimes limits the ability of local of the project. section (a), the Secretary shall enter into in- governments and civic leaders to solve ‘‘(c) LIMITATION.—The Secretary shall not dividual agreements with the San Francisco provide funds for the operation and mainte- Bay Area Regional Water Recycling imple- problems and serve the public. The nance of the project authorized by this sec- menting agencies to fund the projects Federal Government can and should be tion. through the Bay Area Clean Water Agencies an active partner in advancing commu- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— (BACWA) or its successor, and shall include nities and improving a region’s quality There is authorized to be appropriated to in such agreements a provision for the reim- of life. carry out this section $1,150,000. bursement of construction costs, including So today I am introducing legislation ‘‘SEC. 1651. PETALUMA RECYCLED WATER those construction costs incurred prior to that demonstrates the possibilities PROJECT, PHASES 2A, 2B, AND 3. the enactment of this Act. that can come from a quality Federal (c) CLERICAL AMENDMENTS.—The table of ‘‘(a) AUTHORIZATION.—The Secretary, in co- Government partnership with a operation with the City of Petaluma, Cali- contents of the Reclamation Projects Au- fornia, is authorized to participate in the de- thorization and Adjustment Act of 1992 (43 proactive, innovative community that sign, planning, and construction of recycled U.S.C. prec. 371) (as amended by section faces challenging economic conditions water system facilities. 512(a) of the Consolidated Natural Resources and a dominant pattern of Federal land ‘‘(b) COST SHARE.—The Federal share of the Act of 2008) is amended by inserting after the ownership. cost of the project authorized by this section item relating to section 1648 the following My first bill, the La Pine Land Con- shall not exceed 25 percent of the total cost new items: veyance Act, would convey two parcels of the project. ‘‘Sec. 1649. CCCSD-Concord recycled water of property to Deschutes County, Or- ‘‘(c) LIMITATION.—The Secretary shall not project. egon. The bill directs the transfer of provide funds for the operation and mainte- ‘‘Sec. 1650. Central Dublin recycled water nance of the project authorized by this sec- distribution and retrofit Bureau of Land Management BLM, tion. project. lands to Deschutes County, that will ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Sec. 1651. Petaluma recycled water project, enable the small town of La Pine to de- There is authorized to be appropriated to phases 2a, 2b, and 3. velop rodeo and equestrian facilities, carry out this section $6,000,000. ‘‘Sec. 1652. Central Redwood City recycled public parks, and other recreation fa- ‘‘SEC. 1652. CENTRAL REDWOOD CITY RECYCLED water project. cilities. WATER PROJECT. ‘‘Sec. 1653. Palo Alto recycled water pipeline La Pine has a set of unique chal- project. ‘‘(a) AUTHORIZATION.—The Secretary, in co- lenges well known to the people of operation with the City of Redwood City, ‘‘Sec. 1654. Ironhouse Sanitary District (ISD) Antioch recycled water Deschutes County. The town recently California, is authorized to participate in the incorporated, and with incorporation design, planning, and construction of recy- project.’’. cled water system facilities. SEC. 3. MODIFICATION TO AUTHORIZED has come a feeling in the community PROJECTS. ‘‘(b) COST SHARE.—The Federal share of the that good things can happen if they cost of the project authorized by this section (a) ANTIOCH RECYCLED WATER PROJECT.— work together to make their town as shall not exceed 25 percent of the total cost Section 1644(d) of the Reclamation Waste- good as it can possibly be. of the project. water and Groundwater Study and Facilities My bill proposes the transfer of 320 Act (43 U.S.C. 390h–27) (as amended by sec- ‘‘(c) LIMITATION.—The Secretary shall not acres of BLM land contiguous to the La provide funds for the operation and mainte- tion 512(a) of the Consolidated Natural Re- sources Act of 2008) is amended by striking Pine city limit, on its western bound- nance of the project authorized by this sec- ary. Ownership of this location will en- tion. ‘‘$2,250,000’’ and inserting ‘‘$3,125,000’’. (b) SOUTH BAY ADVANCED RECYCLED WATER able construction of public equestrian ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to TREATMENT FACILITY.—Section 1648(d) of the and rodeo facilities that have become carry out this section $8,000,000. Reclamation Wastewater and Groundwater increasingly important in La Pine. The Study and Facilities Act (43 U.S.C. 390h–31) property is within reasonable walking ‘‘SEC. 1653. PALO ALTO RECYCLED WATER PIPE- (as amended by section 512(a) of the Consoli- LINE PROJECT. distance of downtown, creating an dated Natural Resources Act of 2008) is ‘‘(a) AUTHORIZATION.—The Secretary, in co- amended by striking ‘‘$8,250,000’’ and insert- ideal parade route for the annual 4th of operation with the City of Palo Alto, Cali- ing ‘‘$13,250,000’’. July Frontier Days parade. In addition, fornia, is authorized to participate in the de- the land will provide a location for design, planning, and construction of recycled By Mr. WYDEN: velopment of ball fields, parks, and water system facilities. S. 1139. A bill to require the Sec- recreation facilities, which can be de- ‘‘(b) COST SHARE.—The Federal share of the cost of the project authorized by this section retary of Agriculture to enter into a veloped as the town grows and budgets shall not exceed 25 percent of the total cost property conveyance with the city of allow. of the project. Wallowa, Oregon, and for other pur- The La Pine Rodeo and Frontier ‘‘(c) LIMITATION.—The Secretary shall not poses; to the Committee on Energy and Days events are currently facing the provide funds for the operation and mainte- Natural Resources. last year they can hold their events on nance of the project authorized by this sec- Mr. WYDEN. Mr. President, today I the currently utilized location because tion. am pleased to introduce two bills that that private property is being devel- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— will provide two important commu- oped for other uses. So looking towards There is authorized to be appropriated to carry out this section $8,250,000. nities in rural Oregon with the means the Federal Government, who controls to promote their cultural history and the vast majority of land in the La ‘‘SEC. 1654. IRONHOUSE SANITARY DISTRICT (ISD) ANTIOCH RECYCLED WATER their economic development opportuni- Pine area, to find a solution provides PROJECT. ties, S. 1139 and S. 1140. the right kind of partnership between ‘‘(a) AUTHORIZATION.—The Secretary, in co- Like anywhere in America, the lead- the federal and local government. operation with the Ironhouse Sanitary Dis- ers in rural communities in my state My bill also directs the transfer of trict (ISD), California, is authorized to par- are working every day to build the best approximately 750 acres of BLM lands ticipate in the design, planning, and con- place they can. And in many rural to Deschutes County for the purpose of struction of recycled water distribution sys- communities in my state, that means tems. expanding the town’s wastewater treat- ‘‘(b) COST SHARE.—The Federal share of the not much happens without the Federal ment operation. cost of the project authorized by this section Government involved. Like many More than two years ago my office shall not exceed 25 percent of the total cost places in the Western United States, participated in discussions between the of the project. the Federal Government owns much of La Pine community leaders and the ‘‘(c) LIMITATION.—The Secretary shall not the land surrounding these small com- BLM concerning the La Pine commu- provide funds for the operation and mainte- munities. To be sure, many of these nity’s need for land to serve public pur- nance of the project authorized by this sec- lands are treasures; they are the source poses. Due to staffing limitations, BLM tion. of a vibrant tourism economy; an at- asked the City to choose one top pri- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— There is authorized to be appropriated to traction for individuals and businesses ority for a land transfer under the carry out this section $7,000,000.’’. to move to the region; and the daily Recreation and Public Purposes Act. (b) PROJECT IMPLEMENTATION.—In carrying outlet for the people lucky enough to The La Pine City Council responded out sections 1642 through 1648 of the Rec- live there. immediately that its top priority was

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5846 CONGRESSIONAL RECORD — SENATE May 21, 2009 the acquisition of land to enable expan- S. 1139 through the Director of the Bureau of Land sion of their sewer district. Be it enacted by the Senate and House of Rep- Management. To date, the land has not been trans- resentatives of the United States of America in SEC. 3. CONVEYANCE OF LAND TO THE COUNTY Congress assembled, OF DESCHUTES, OREGON. ferred, which make this small commu- (a) IN GENERAL.—As soon as practicable SECTION 1. SHORT TITLE. nity unable to be competitive for state after the date of enactment of this Act, sub- This Act may be cited as the ‘‘Wallowa and federal economic stimulus funds. ject to valid existing rights, and notwith- Forest Service Compound Conveyance Act’’. standing the land use planning requirements This project is too important to let SEC. 2. CONVEYANCE TO CITY OF WALLOWA, OR- languish. Perhaps the most important of sections 202 and 203 of the Federal Land EGON. Policy and Management Act of 1976 (43 issue affecting water quality in (a) DEFINITIONS.—In this Act: U.S.C. 1712, 1713), the Secretary shall convey Deschutes County involves the threat (1) CITY.—The term ‘‘City’’ means the city to the County, without consideration, all to groundwater and the Deschutes of Wallowa, Oregon. right, title, and interest of the United States River from household septic systems in (2) SECRETARY.—The term ‘‘Secretary’’ in and to the land described in subsection southern Deschutes County, the region means the Secretary of Agriculture. (b). (3) WALLOWA FOREST SERVICE COMPOUND.— around La Pine. This project directly (b) DESCRIPTION OF LAND.—The land re- The term ‘‘Wallowa Forest Service Com- ferred to in subsection (a) consists of— reduces nitrate loading into south pound’’ means the Wallowa Ranger Station (1) approximately 320 acres of land man- county groundwater in two ways. First, that is— aged by the Bureau of Land Management, by enabling expansion of the District (A) located at 602 West First Street, Prineville District, Oregon, depicted on the service boundary to residential areas Wallowa, Oregon; and map as ‘‘parcel A’’; and where septic systems are generating (B) under the jurisdiction of the Secretary. (2) approximately 750 acres of land man- elevated groundwater nitrate levels; (b) DUTY OF SECRETARY.—As soon as prac- aged by the Bureau of Land Management, and second, by closing the current lo- ticable after the date of enactment of this Prineville District, Oregon, depicted on the Act, subject to valid existing rights, the Sec- map as ‘‘parcel B’’. cation for spreading treated effluent, retary shall convey to the City, without con- (c) MAP ON FILE.—The map shall be on file over a relatively high groundwater sideration and by quitclaim deed, all right, and available for public inspection in the ap- area, to this new location which is title, and interest of the United States, ex- propriate offices of the Bureau of Land Man- judged not to threaten groundwater. cept as provided in subsections (c) and (d), in agement. That is why I am introducing legisla- and to the Wallowa Forest Service Com- (d) USE OF CONVEYED LAND.— tion today to make sure this transfer pound. (1) IN GENERAL.—The land conveyed under subsection (a) shall be used as a rodeo moves forward. (c) USE OF WALLOWA FOREST SERVICE COM- POUND.—As a condition of the conveyance ground, public sewer system, or other public My second bill, the Wallowa Forest under subsection (b), the City shall— purpose consistent with the Act of June 14, Service Compound Conveyance Act (1) use the Wallowa Forest Service Com- 1926 (commonly known as the ‘‘Recreation would convey an old Forest Service pound as an interpretive center; and Public Purposes Act’’) (43 U.S.C. 869 et Ranger Station compound to the City (2) ensure that the Wallowa Forest Service seq.). of Wallowa, Oregon. In Wallowa Coun- Compound is managed by a nonprofit entity; (2) LIMITATIONS.—The land conveyed under ty, this Forest Service compound was and subsection (a)— (A) shall not be used for residential or built by the Civilian Conservation (3) agree to manage the Wallowa Forest Service Compound— commercial purposes; and Corps in the 1930’s. For many years it (A) with due consideration and protection (B) shall be used consistent with the Act of was the center of town and this site for the historic values of the Wallowa Forest June 14, 1926 (commonly known as the continues to represent the natural and Service Compound; and ‘‘Recreation and Public Purposes Act’’) (43 cultural history of one of eastern Or- (B) in accordance with such terms and con- U.S.C. 869 et seq.). egon’s most beautiful communities. ditions as are agreed to by the Secretary and (3) ADDITIONAL TERMS AND CONDITIONS.— The City of Wallowa, along with Coun- the City. The Secretary may require such additional ty Commissioners, the local arts orga- (d) REVERSION.—In the quitclaim deed to terms and conditions for the conveyance as the Secretary determines to be appropriate nizations, and a broad group of commu- the City, the Secretary shall provide that the Wallowa Forest Service Compound shall to protect the interests of the United States. nity leaders intend to restore this im- revert to the Secretary, at the election of (e) ADMINISTRATIVE COSTS.—The Secretary portant example of Pacific Northwest the Secretary, if the Wallowa Forest Service shall require the County to pay all survey rustic architecture and tribute to by- Compound is— costs and other administrative costs nec- gone times, making a valuable commu- (1) used for a purpose other than the pur- essary for the preparation and completion of nity interpretive center at this site. poses described in subsection (c)(1); or any patents for, and transfers of title to, the land under subsection (a). The conveyance of this property will (2) managed by the City in a manner that is inconsistent with subsection(c)(3). (f) REVERSION.— allow the community to move forward (1) IN GENERAL.—If the land conveyed under with this project. The community is By Mr. WYDEN: subsection (a) ceases to be used for the pub- currently working to list the Ranger S. 1140. A bill to direct the Secretary lic purpose for which the land was conveyed, the land shall, at the discretion of the Sec- Station on the National Register of of the Interior to convey certain Fed- Historic Places, and ownership by the retary, revert to the United States. eral land to Deschutes County, Oregon; (2) RESPONSIBILITY OF DISTRICT.—If the Sec- City will allow this coalition to restore to the Committee on Energy and Nat- the buildings and again develop a vi- retary determines under paragraph (1) that ural Resources. the land should revert to the United States brant community center. Oregon Pub- Mr. WYDEN. Mr. President, I ask and that the land is contaminated with haz- lic Broadcasting aired a segment de- unanimous consent that the text of the ardous waste, the County shall be respon- picting an early 20th century railroad bill be printed in the RECORD. sible for remediation of the contamination. logging community—a significant part There being no objection, the text of By Mrs. FEINSTEIN (for herself of the rich and diverse history and tra- the bill was ordered to be printed in and Mr. BOND): ditions that will be preserved and cele- the RECORD, as follows: brated as this Forest Service Com- S. 1141. A bill to extend certain trade S. 1140 pound is developed as an interpretive preferences to certain least-developed Be it enacted by the Senate and House of Rep- countries, and for other purposes; to center. resentatives of the United States of America in I want to express my thanks to all the Committee on Finance. Congress assembled, Mrs. FEINSTEIN. Mr. President, I the citizens and community leaders SECTION 1. SHORT TITLE. rise today with Senator BOND to intro- that have worked to build their com- This Act may be cited as the ‘‘La Pine duce the Tariff Relief Assistance for munities and develop these projects. Land Conveyance Act’’. Developing Economies Act of 2009 to They represent the pioneering spirit SEC. 2. DEFINITIONS. help some of the world’s poorest coun- and vision that defines my State. In this Act: tries sustain vital export industries (1) COUNTY.—The term ‘‘County’’ means Mr. President, I ask unanimous con- and promote economic growth and po- sent that the text of the bill be printed the County of Deschutes, Oregon. (2) MAP.—The term ‘‘map’’ means the map litical stability. in the RECORD. entitled ‘‘La Pine Proposed Land Transfer I worked with former senator Gordon There being no objection, the text of Proposal’’ and dated May øll¿, 2009. Smith on this bill in the past and I am the bill was ordered to be printed in (3) SECRETARY.—The term ‘‘Secretary’’ proud to move it forward in the 111th the RECORD, as follows: means the Secretary of the Interior, acting Congress.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5847 This legislation will provide duty In Cambodia, approximately 250,000 (3) A country that is open to trade may in- free and quota free benefits for gar- Cambodians work in the garment increase its economic growth. ments and other products similar to dustry supporting approximately one (4) Trade and investment often lead to em- those afforded to beneficiary countries million dependents. The garment in- ployment opportunities and often help alleviate poverty. under the Africa Growth and Oppor- dustry accounts for more than 90 per- (5) Least-developed countries have a par- tunity Act, AGOA. cent of Cambodia’s export earnings. ticular challenge in meeting the economic The countries covered by this legisla- In Bangladesh, the garment industry requirements and competitiveness of tion are the 14 Least Developed Coun- accounts for 75 percent of export earn- globalization and international markets. tries, LDCs, as defined by the United ings. The industry employs 1.8 million (6) The United States has recognized the Nations and the U.S. State Depart- people, 90 percent of whom are women, benefits that international trade provides to ment, which are not covered by any and sustains the livelihoods of 10 to 15 least-developed countries by enacting the current U.S. trade preference program: million people. Generalized System of Preferences and trade benefits for developing countries in the Car- Afghanistan, Bangladesh, Bhutan, Despite the poverty seen in these ibbean, Andean, and sub-Saharan African re- Cambodia, Kiribati, Laos, Maldives, countries and the importance of the gions of the world. Nepal, Samoa, Solomon Islands, East garment industry and the U.S. market, (7) Enhanced trade with least-developed Timor, Tuvalu, Vanuatu, and Yemen. they face some of the highest U.S. tar- Muslim countries, including Yemen, Afghan- The bill also includes Sri Lanka as iffs in the world, averaging over 15 per- istan, and Bangladesh, is consistent with an eligible country. cent. In contrast, countries like Japan other United States objectives of encour- To be eligible for the benefits pro- and our European partners face tariffs aging a strong private sector and individual vided under our bill, a country must that are nearly zero. economic empowerment in those countries. demonstrate that it is making con- (8) Offering least-developed countries en- Surely we can do better. This legisla- hanced trade preferences will encourage both tinual progress toward establishing tion will help these countries compete higher levels of trade and direct investment rule of law, political pluralism, the in the U.S. market and let their citi- in support of positive economic and political right to due process, and a market- zens know that Americans are com- developments throughout the world. based economy that protects private mitted to helping them realize a better (9) Encouraging the reciprocal reduction of property rights. Our legislation would future for themselves and their fami- trade and investment barriers will enhance help promote democracy while sus- lies. the benefits of trade and investment as well taining vital export industries and cre- Doing so is consistent with U.S. goals as enhance commercial and political ties be- ating employment opportunities. to combat poverty, instability, and ter- tween the United States and the countries designated for benefits under this Act. The beneficiary countries of this leg- rorism in a critical part of the world. (10) Economic opportunity and engagement islation are among the poorest coun- We should not forget that of the ap- in the global trading system together with tries in the world. proximately 265 million people that support for democratic institutions and a re- Nepal has per capita income of $240. live in the TRADE Act countries, al- spect for human rights are mutually rein- Unemployment in Bangladesh stands most 200 million are Muslim. forcing objectives and key elements of a pol- at 40 percent. Approximately 36 percent The impact on U.S. jobs will be mini- icy to confront and defeat global terrorism. of Cambodia’s population lives below mal. Currently, the beneficiary coun- SEC. 3. DEFINITIONS. the poverty line. tries under this legislation account for In this Act: Each country faces critical chal- only 4 percent of U.S. textile and ap- (1) BENEFICIARY TRADE ACT OF 2009 COUN- lenges in the years ahead including TRY.—The term ‘‘beneficiary TRADE Act of parel imports, compared to 24 percent 2009 country’’ means a TRADE Act of 2009 poor health care, insufficient edu- for China, and 72 percent for the rest of country that the President has determined is cational opportunities, high HIV/AIDS the world. eligible for preferential treatment under sec- rates, and the effects of war and civil These countries will continue to be tion 5. strife. small players in the U.S. market, but (2) FORMER TRADE ACT OF 2009 BENEFICIARY The U.S. must take a leadership role the benefits of this legislation will COUNTRY.—The term ‘‘former TRADE Act of in providing much needed assistance to have a major impact on their export 2009 beneficiary country’’ means a country the people of these countries. economies. that, after being designated as a beneficiary Yet humanitarian and development At a time when we are trying to re- TRADE Act of 2009 country under this Act, assistance should not be the sum total ceased to be designated as such a country by build the image of the U.S. around the reason of its entering into a free trade agree- of our efforts to put these countries on world, we need legislation such as this ment with the United States. the road to economic prosperity and to show the best of America and Amer- (3) TRADE ACT OF 2009 COUNTRY.—The term political stability. ican values. It will provide a vital com- ‘‘TRADE Act of 2009 country’’ means a coun- Indeed, the key for sustained growth ponent to our development strategy try listed in subsection (b) or (c) of section 4. and rising standards of living will be and add another tool to the war on ter- SEC. 4. AUTHORITY TO DESIGNATE; ELIGIBILITY the ability of each of these countries to ror. I urge my colleagues to support REQUIREMENTS. create vital export industries to com- this bill. (a) AUTHORITY TO DESIGNATE.— pete in a free and open global market- Mr. President, I ask unanimous con- (1) IN GENERAL.—Notwithstanding any place. other provision of law, the President is au- sent that the text of the bill be printed thorized to designate a TRADE Act of 2009 We should help these countries help in the RECORD. country as a beneficiary TRADE Act of 2009 themselves by opening the U.S. market There being no objection, the text of country eligible for benefits described in sec- to their exports. the bill was ordered to be printed in tion 5— Success in that endeavor will ulti- the RECORD, as follows: (A) if the President determines that the mately allow these countries to be- S. 1141 country meets the requirements set forth in section 104 of the African Growth and Oppor- come less dependent on foreign aid and Be it enacted by the Senate and House of Rep- allow the U.S. to provide assistance to tunity Act (19 U.S.C. 3703); and resentatives of the United States of America in (B) subject to the authority granted to the countries in greater need. Congress assembled, The garment industry is a key part President under subsections (a), (d), and (e) SECTION 1. SHORT TITLE. of section 502 of the Trade Act of 1974 (19 of the manufacturing sector in some of This Act may be cited as the ‘‘Tariff Relief U.S.C. 2462 (a), (d), and (e)), if the country these countries. Assistance for Developing Economies Act of otherwise meets the eligibility criteria set In Nepal, the garment industry is en- 2009’’ or the ‘‘TRADE Act of 2009’’. forth in such section 502. tirely export oriented and accounts for SEC. 2. FINDINGS. (2) APPLICATION OF SECTION 104.—Section 104 40 percent of foreign exchange earn- Congress finds the following: of the African Growth and Opportunity Act ings. It employs over 100,000 workers— (1) It is in the mutual interest of the shall be applied for purposes of paragraph (1) half of them women—and sustains the United States and least-developed countries by substituting ‘‘TRADE Act of 2009 coun- livelihood of over 350,000 people. to promote stable and sustainable economic try’’ for ‘‘sub-Saharan African country’’ each growth and development. place it appears. The United States is the largest mar- (2) Trade and investment are powerful eco- (b) COUNTRIES ELIGIBLE FOR DESIGNATION.— ket for Nepalese garments and ac- nomic tools and can be used to reduce pov- For purposes of this Act, the term ‘‘TRADE counts for 80–90 percent of Nepal’s total erty and raise the standard of living in a Act of 2009 country’’ refers to the following exports every year. country. or their successor political entities:

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(1) Afghanistan. in the United States or one or more bene- (D) OTHER RESTRICTIONS.—The provisions (2) Bangladesh. ficiary TRADE Act of 2009 countries or of section 112 (b) (3)(B), (4), (5), (6), (7), and (3) Bhutan. former beneficiary TRADE Act of 2009 coun- (8), and (e), and section 113 of the African (4) Cambodia. tries, or both (including fabrics not formed Growth and Opportunity Act (19 U.S.C. 3721 (5) Kiribati. from yarns, if such fabrics are classifiable (b) (3)(B), (4), (5), (6), (7), and (8), and (e), and (6) Lao People’s Democratic Republic. under heading 5602 or 5603 of the Harmonized 3722) shall apply with respect to the pref- (7) Maldives. Tariff Schedule of the United States and are erential treatment extended under this Act (8) Nepal. wholly formed and cut in the United States, to a beneficiary TRADE Act of 2009 country (9) Samoa. in one or more beneficiary TRADE Act of by substituting ‘‘beneficiary TRADE Act of (10) Solomon Islands. 2009 countries or former beneficiary TRADE 2009 country’’ for ‘‘beneficiary sub-Saharan (11) Timor-Leste (East Timor). Act of 2009 countries, or any combination African country’’ and ‘‘beneficiary TRADE (12) Tuvalu. thereof), whether or not the apparel articles Act of 2009 countries’’ and ‘‘former bene- (13) Vanuatu. are also made from any of the fabrics, fabric ficiary TRADE Act of 2009 countries’’ for (14) Yemen. components formed, or components knit-to- ‘‘beneficiary sub-Saharan African countries’’ (c) SRI LANKA ECONOMIC EMERGENCY SUP- shape described in section 112(b) (1) or (2) of and ‘‘former sub-Saharan African countries’’, PORT.—For purposes of this Act, the Presi- the African Growth and Opportunity Act (19 respectively, wherever appropriate. dent may also designate Sri Lanka as bene- U.S.C. 3721(b) (1) and (2)) (unless the apparel SEC. 6. REPORTING REQUIREMENT. ficiary TRADE Act of 2009 country eligible articles are made exclusively from any of the The President shall monitor, review, and for benefits described in section 5. fabrics, fabric components formed, or compo- report to Congress, not later than 1 year SEC. 5. TRADE ENHANCEMENT. nents knit-to-shape described in such section after the date of the enactment of this Act, The preferential treatment described in 112(b) (1) or (2)) subject to the following: and annually thereafter, on the implementa- this section includes the following: (i) LIMITATIONS ON BENEFITS.— tion of this Act and on the trade and invest- (1) PREFERENTIAL TARIFF TREATMENT FOR (I) IN GENERAL.—Preferential treatment ment policy of the United States with re- CERTAIN ARTICLES.— under this subparagraph shall be extended in spect to the TRADE Act of 2009 countries. (A) IN GENERAL.—The President may pro- the 1-year period beginning January 1, 2009, SEC. 7. TERMINATION OF PREFERENTIAL TREAT- vide duty-free treatment for any article de- and in each of the succeeding 10 1-year peri- MENT. scribed in section 503(b)(1) (B) through (G) of ods, to imports of apparel articles described No duty-free treatment or other preferential treatment extended to a beneficiary the Trade Act of 1974 (19 U.S.C. 2463(b)(1) (B) in this subparagraph in an amount not to ex- TRADE Act of 2009 country under this Act through (G)) that is the growth, product, or ceed the applicable percentage of the aggre- shall remain in effect after December 31, manufacture of a beneficiary TRADE Act of gate square meter equivalents of all apparel 2019. 2009 country, if, after receiving the advice of articles imported into the United States in the International Trade Commission in ac- the most recent 12-month period for which SEC. 8. EFFECTIVE DATE. The provisions of this Act shall take effect cordance with section 503(e) of the Trade Act data are available. on January 1, 2009. of 1974 (19 U.S.C. 2463(e)), the President de- (II) APPLICABLE PERCENTAGE.—For pur- termines that such article is not import-sen- poses of this clause, the term ‘‘applicable By Mr. REED (for himself and sitive in the context of imports from bene- percentage’’ means 11 percent for the 1-year ficiary TRADE Act of 2009 countries. period beginning January 1, 2009, increased Ms. MIKULSKI): S. 1142. A bill to amend the Federal (B) RULES OF ORIGIN.—The duty-free treat- in each of the 10 succeeding 1-year period by ment provided under subparagraph (A) shall equal increments, so that for the period be- Food, Drug, and Cosmetic Act with re- apply to any article described in that sub- ginning January 1, 2019, the applicable per- spect to inclusion of effectiveness in- paragraph that meets the requirements of centage does not exceed 14 percent. formation in drug and device labeling section 503(a)(2) of the Trade Act of 1974 (19 (ii) SPECIAL RULE.— and advertising; to the Committee on U.S.C. 2463(a)(2)), except that— (I) IN GENERAL.—Subject to clause (i), pref- Health, Education, Labor, and Pen- (i) if the cost or value of materials pro- erential treatment described in this subpara- sions. duced in the customs territory of the United graph shall be extended through December Mr. REED. Mr. President, today I in- States is included with respect to that arti- 31, 2016, for apparel articles wholly assem- troduce the Informed Health Care Deci- cle, an amount not to exceed 15 percent of bled in one or more beneficiary TRADE Act sion Making Act of 2009. I am intro- the appraised value of the article at the time of 2009 countries or former beneficiary ducing this legislation along with my it is entered that is attributed to such TRADE Act of 2009 countries, or both, re- United States cost or value may be applied gardless of the country of origin of the yarn colleague Senator MIKULSKI because toward determining the percentage referred or fabric used to make such articles. every American deserves to have the to in subparagraph (A) of section 503(a)(2) of (II) COUNTRY LIMITATIONS.— full information regarding drugs and the Trade Act of 1974 (19 U.S.C. 2463(a)(2)); (aa) SMALL SUPPLIERS.—If, during the pre- devices prescribed by their provider. and ceding 1-year period beginning on January 1 Even though the amount of money (ii) the cost or value of the materials infor which data are available, imports from a spent to reach the public about drugs cluded with respect to that article that are beneficiary TRADE Act of 2009 country are and devices is greater than five billion produced in one or more beneficiary TRADE less than 1 percent of the aggregate square dollars annually, the most funda- Act of 2009 countries or former beneficiary meter equivalents of all apparel articles im- mental information—information TRADE Act of 2009 countries shall be applied ported into the United States during such about how well the drug or device actu- in determining such percentage. period, such imports may increase to an ally works—is generally absent. In (2) TEXTILE AND APPAREL ARTICLES.— amount that is equal to not more than 1.5 (A) IN GENERAL.—The preferential treat- percent of the aggregate square meter 2007, the Institute of Medicine con- ment relating to textile and apparel articles equivalents of all apparel articles imported ducted a workshop regarding the described in section 112 (a) and (b) (1) and (2) into the United States during such period. public’s understanding of drugs and of the African Growth and Opportunity Act (bb) OTHER SUPPLIERS.—If during the pre- confirmed the importance for patients (19 U.S.C. 3721 (a) and (b) (1) and (2)) shall ceding 1-year period beginning on January 1 and physicians of having standardized apply to textile and apparel articles im- for which data are available, imports from a and quantitative information about the ported directly into the customs territory of beneficiary TRADE Act of 2009 country are product before making health care de- the United States from a beneficiary TRADE at least 1 percent of the aggregate square cisions. Act of 2009 country and such section shall be meter equivalents of all apparel articles im- Researchers at Dartmouth Univer- applied for purposes of this subparagraph by ported into the United States during such sity have documented that replacing substituting ‘‘beneficiary TRADE Act of 2009 period, such imports may increase, during country’’ and ‘‘beneficiary TRADE Act of each subsequent 12-month period, by an the current narrative information con- 2009 countries’’ for ‘‘beneficiary sub-Saharan amount that is equal to not more than one- tained in drug advertisements with African country’’ and ‘‘beneficiary sub-Saha- third of 1 percent of the aggregate square simplified, factual information, will ran African countries’’, respectively, each meter equivalents of all apparel articles im- enable patients to play an active role place such terms appear. ported into the United States. in health care decision making. In fact, (B) APPAREL ARTICLES ASSEMBLED FROM RE- (cc) AGGREGATE COUNTRY LIMIT.—In no case similar to the nutrition facts boxes GIONAL AND OTHER FABRIC.—In applying such may the aggregate quantity of textile and that are required on our Nation’s pack- section 112, apparel articles wholly assem- apparel articles imported into the United aged food supply, this research dem- bled in one or more beneficiary TRADE Act States under this subparagraph exceed the onstrated that a drug facts box will ac- of 2009 countries or former beneficiary applicable percentage set forth in clause (i). TRADE Act of 2009 countries, or both, from (C) TECHNICAL AMENDMENT.—Section tually help physicians make better fabric wholly formed in one or more bene- 6002(a)(2)(B) of the Africa Investment Incen- health care choices. ficiary TRADE Act of 2009 countries or tive Act of 2006 (Public Law 109–432) is If the research is not enough proof former beneficiary TRADE Act of 2009 coun- amended by inserting before ‘‘by striking’’ that this type of streamlined informa- tries, or both, from yarn originating either the following: ‘‘in paragraph (3),’’. tion will be beneficial, the Food and

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In such trials, consumers who were data. a committee specifically designed to presented with a drug facts box more accu- (3) POSTING OF INFORMATION.—In carrying counsel the agency on how to strength- rately perceived the side effects and benefits out paragraph (1), the Secretary shall post of a drug, and were more than twice as likely the information presented in a summary de- en the communication of risks and ben- to choose the superior drug. scribed under such paragraph on the Internet efits of FDA-regulated products to the (2)(A) In 2007, the Institute of Medicine Web site of the Food and Drug Administra- public, unanimously recommended conducted a workshop that highlighted that tion. that the FDA adopt standardized, the public has a limited understanding of the SEC. 4. STANDARDS FOR COMPARATIVE CLIN- quantitative summaries of risks and benefits and risks of drugs. The workshop ICAL EFFECTIVENESS INFORMA- benefits in a drug facts box format. also highlighted that it is important to— TION. (i) provide patients and physicians with (a) IN GENERAL.—The Secretary, acting As such, the Informed Health Care through the Commissioner of Food and Decision Making Act of 2009 would re- the best possible information for making informed decisions about the use of pharma- Drugs, shall establish and periodically up- quire the FDA to determine if the in- ceuticals; date methodological standards and criteria formation provided in a drug facts box, (ii) employ quantitative and standardized for the sources of evidence and the adequacy or a similar format, would improve approaches when trying to evaluate pharma- and degree of evidence that are appropriate health care decision making by clini- ceutical benefit-risk; and for inclusion of comparative clinical effec- cians and patients, and report to Con- (iii) develop and validate improved tools tiveness information in labeling and adver- gress on that determination. If the re- for communicating pharmaceutical benefit- tisements under subsections (f), (n)(3), and risk information to patients and physicians. (r) of section 502 of the Federal Food, Drug, port determines that a specific stand- and Cosmetic Act (as amended by section 5). ardized, quantitative format would be (B) The general agreement of the workshop was that the Food and Drug Administration (b) REQUIREMENTS.—The standards and cri- beneficial, the FDA must issue regula- should pilot test a drug facts box. teria established under subsection (a) shall tions to implement the format. (3) On February 27, 2009, the Food and Drug ensure that comparative clinical effective- Regardless of the FDA’s determina- Administration’s Risk Communication Advi- ness information provides reliable and useful tion, it is important for clinicians and sory Committee made the following unani- information that improves health care deci- patients to be able to compare the sim- mous recommendations: sion making, adheres to rigorous scientific standards, and is produced through a trans- ilarities, differences, benefits, and (A) The Food and Drug Administration should adopt a single standard document for parent process that includes consultation risks of drugs and devices. As such, the with stakeholders. legislation would require the Agency communicating essential information about pharmaceuticals. (c) CONSULTATION.—In carrying out sub- for Healthcare Research and Quality to (B) That standard document should include section (a), the Secretary shall consult with establish a multi-stakeholder process quantitative summaries of risks and bene- manufacturers of drugs and devices, clini- for developing and periodically updat- fits, along with use and precaution informa- cians, patients and consumers, experts in ing methodological standards and cri- tion. health literacy, and representatives of racial (C) The Food and Drug Administration and ethnic minorities. teria for comparative clinical effective- (d) DEFINITION.—For purposes of this sec- should adopt the drug facts box format as its ness research. This would include tion, the term ‘‘comparative clinical effec- standard. standards and criteria for the sources tiveness’’ means the clinical outcomes, effec- of evidence and the adequacy of evi- SEC. 3. PRESENTATION OF DRUG BENEFIT AND tiveness, safety, and clinical appropriateness dence that are appropriate for the in- RISK INFORMATION. of a drug or device in comparison to 1 or (a) IN GENERAL.—The Secretary of Health clusion of comparative clinical effec- more drugs or devices, respectively, ap- and Human Services (referred to in this Act proved to prevent, diagnose, or treat the tiveness information in labeling and as the ‘‘Secretary’’), acting through the print advertisements. same health condition for the same patient Commissioner of Food and Drugs, shall de- demographic subpopulation. Upon completion of these standards, termine whether standardized, quantitative SEC. 5. DISCLOSURE OF COMPARATIVE CLINICAL the legislation requires drug labels and summaries of the benefits and risks of drugs EFFECTIVENESS INFORMATION. print advertisements to include infor- in a tabular or drug facts box format, or any (a) COMPARATIVE CLINICAL EFFECTIVE- mation on the clinical effectiveness of alternative format, in the labeling and print NESS.—Section 201 of the Federal Food, Drug, a product—compared to other products advertising of such drugs would improve and Cosmetic Act (21 U.S.C. 321) is amended health care decision making by clinicians by adding at the end the following: approved for the same health condition and patients and consumers. for the same patient demographic sub- ‘‘(rr) The term ‘comparative clinical effec- (b) REVIEW AND CONSULTATION.—In making tiveness’ means the clinical outcomes, effec- population—or a disclosure that there the determination under subsection (a), the tiveness, safety, and clinical appropriateness is no such information, if another prod- Secretary shall review all available sci- of a drug or device in comparison to 1 or uct has not been approved for the same entific evidence and consult with drug manu- more drugs or devices, respectively, ap- use. The potential of such a disclosure facturers, clinicians, patients and con- proved to prevent, diagnose, or treat the should be a powerful incentive for man- sumers, experts in health literacy, and rep- same health condition for the same patient ufacturers to fund comparative effec- resentatives of racial and ethnic minorities. demographic subpopulation, on the basis of tiveness research. (c) REPORT.—Not later than 1 year after research that meets standards adopted by the date of enactment of this Act, the Sec- It is my hope that as we embark upon the Secretary under section 4 of the In- retary shall submit to the Congress a report formed Health Care Decision Making Act.’’. meaningful health care reform, my col- that provides— (b) LABELING AND ADVERTISING INFORMA- leagues will join me in supporting this (1) the determination by the Secretary TION.—Section 502 of the Federal Food, Drug, bill and other initiatives to improve under subsection (a); and and Cosmetic Act (21 U.S.C. 352) is amend- the health care decision making of (2) the reasoning and analysis underlying ed— both patients and clinicians. that determination. (1) in subsection (f), by striking ‘‘for use; Mr. President, I ask unanimous con- (d) AUTHORITY.— and (2)’’ and inserting ‘‘for use; (2) such in- sent that the text of the bill be printed (1) IN GENERAL.—If the Secretary deter- formation in brief summary relating to com- mines under subsection (a) that standard- parative clinical effectiveness as shall be rein the RECORD. ized, quantitative summaries of the benefits quired in regulations which shall be issued There being no objection, the text of and risks of drugs in a tabular or drug facts by the Secretary in accordance with the pro- the bill was ordered to be printed in box format, or any alternative format, in the cedure specified in section 701(a); and (3)’’; the RECORD, as follows: labeling and print advertising of such drugs (2) in subsection (n)(3), by striking ‘‘and ef- S. 1142 would improve health care decision making fectiveness’’ and inserting ‘‘effectiveness, by clinicians and patients and consumers, and comparative clinical effectiveness (or a Be it enacted by the Senate and House of Rep- then the Secretary, not later than 1 year disclosure that there is no such information resentatives of the United States of America in after the date of submission of the report relating to comparative clinical effective- Congress assembled, under subsection (c), shall promulgate regu- ness if another drug has been approved for SECTION 1. SHORT TITLE. lations as necessary to implement such for- the same use),’’; and This Act may be cited as the ‘‘Informed mat. (3) in subsection (r)— Health Care Decision Making Act’’. (2) OBJECTIVE AND UP-TO-DATE INFORMA- (A) by striking ‘‘In the case of any’’ and in- SEC. 2. FINDINGS. TION.—In carrying out paragraph (1), the Sec- serting ‘‘(1) In the case of any’’; Congress finds the following: retary shall ensure that the information pre- (B) by striking ‘‘(1) a true’’ and inserting (1) National randomized controlled trials sented in a summary described under such ‘‘(A) a true’’; have found that replacing the brief summary paragraph is objective and up-to-date, and is (C) by striking ‘‘(2) a brief’’ and inserting of drug advertisements with a drug facts box the result of a review process that considers ‘‘(B) a brief’’; and

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5850 CONGRESSIONAL RECORD — SENATE May 21, 2009 (D) by striking ‘‘and contraindications’’ cating enough people in public health (3) Retirement rates in some State public and inserting ‘‘contraindications, and, if ap- to replace retiring public health work- health agencies were as high as 20 percent as propriate after taking into consideration the ers, and the salaries for those who do of June 2007, and projected to be as high as type of device, effectiveness and comparative work in public health disciplines are 45 percent in 2009. (4) The ratio of public health workers to clinical effectiveness (or a disclosure that not competitive with comparable em- there is no such information relating to com- the population has dropped from 219 per parative clinical effectiveness if another deployment in the private sector. The As- 100,000 in 1980 to 158 per 100,000 in 2000, while vice has been approved for the same use)’’. sociation of State and Territorial responsibilities of such workers have contin- Health Officials reports that in 2004, ued to expand. By Mr. DURBIN: most of the approximately 6,400 grad- (5) Public health nurses comprise the larg- S. 1143. A bill to amend the Public uates from accredited schools of public est segment of the public health workforce. Health Service Act to establish various health took jobs in the private sector. A study by the Institute of Medicine in 2003 programs for the recruitment and re- I am pleased to introduce the Public identified nursing as facing one of the most Health Workforce Development Act of severe shortages of public health workers. tention of public health workers and to The average age of public health nurses is eliminate critical public health work- 2009 today to help address this chal- nearly 50 years, with the leaders of State force shortages in Federal, State, local, lenge. This legislation provides several public health nursing averaging more than 30 and tribal public health agencies and common-sense solutions to develop a years of service. In one State nearly 40 per- health centers; to the Committee on strong pipeline of public health profes- cent of the public health nursing workforce Health, Education, Labor, and Pen- sionals. This bill would provide schol- was eligible for retirement as of June 2007. sions. arships to students going into public (6) According to the Association of State Mr. DURBIN. Mr. President, the peo- health and provide loan repayment for and Territorial Health Officials, most of the current public health workers in ex- approximately 6,400 graduates from accred- ple who work in public health are re- ited schools of public health took jobs in the sponsible for some of the most impor- change for a commitment to additional private sector in 2004. The Bureau of Labor tant jobs that protect the lives and years of service in public health. Statistics projects that there will be an in- health of ordinary Americans. The The legislation also encourages crease in private sector demand for highly- scope of public health includes pre- states to set up their own public health educated graduates in scientific fields during venting the spread of communicable training programs and creates a schol- the 10-year period ending in 2017. Public diseases and pandemics, managing the arship program for mid-career profes- health agencies will have difficulty com- sionals to maintain or upgrade their peting for those highly-skilled scientists. health system’s response to biological (7) As of June 2007, approximately 42 per- and chemical attacks, fighting food- training. Finally, it creates an online clearinghouse of public health jobs cent of the epidemiology workforce in State borne illnesses, assisting communities and territorial health departments lacked in preparing for disasters, and pro- available in the Federal Government. formal academic training in epidemiology. moting best health practices. Together, these programs will help at- States have reported that approximately 47 The recent outbreak of Influenza A tract young people to a career in public percent more epidemiologists are needed to H1N1 virus reminds us how much we health and give current public health adequately prevent and control avian influ- depend on the people who work in pub- professionals incentives to remain in enza and other emerging diseases. the field in the long-term (8) The Partnership for Public Service re- lic health. This virus has infected thou- ports that in the field of microbiology, there sands of people and caused nearly a Our health care system today focuses too much on treating sickness, at the are more than 4 times as many full-time per- hundred deaths worldwide. The Amer- manent employees over age 40 as under age expense of preserving wellness. As the ican people have looked to the Centers 40 at the Centers for Disease Control and process of health reform moves for- for Disease Control and Prevention and Prevention. Among full-time permanent em- ward, two key concerns are improving their State and local health depart- ployees with medical backgrounds at the health care quality, while holding ments to collect data, monitor the Centers for Disease Control and Prevention health care costs down. To do this, we and the Food and Drug Administration, threat, provide accurate information, need to focus on wellness, preventive there are 3 times as many employees over 40 and prepare to respond if the situation care, and effective management of years of age as under 40. worsens. But even when a pandemic or chronic conditions, all of which are (9) More than 50 percent of States cite the other widespread threat is not immi- hallmarks of the public health system. lack of qualified individuals or individuals nent, the public health workforce re- willing to relocate as being a major barrier This bill will help maintain a strong to preparedness. A study conducted by the mains on the front lines in promoting and effective public health system by healthy lifestyles and preventing Health Resources and Services Association alleviating the dangerous shortage of reported difficulty with recruiting more edu- chronic disease. public health workers Our ability to prevent, respond to, cated, skilled public health providers to Mr. President, I ask unanimous con- work in traditionally medically underserved and recover from a pandemic or other sent that the text of the bill be printed areas, such as rural populations. Public health challenges depends largely on a in the RECORD. health agencies continue to face an unmet strong pipeline of public health profes- There being no objection, the text of need for public health workers who are bilin- sionals. Unfortunately, a critical—and the bill was ordered to be printed in gual and culturally competent. (10) Lack of access to advanced education, growing—shortage of public health the RECORD, as follows: including baccalaureate nursing and grad- workers is putting our nation at risk. S. 1143 uate studies, is a significant barrier to up- The Association of Schools of Public Be it enacted by the Senate and House of Rep- Health recently reported that there grading the existing public health workforce, resentatives of the United States of America in particularly in rural areas. were 50,000 fewer public health workers Congress assembled, SEC. 3. PUBLIC HEALTH WORKFORCE RECRUIT- in 2000 than there were in 1980. In my SECTION 1. SHORT TITLE. MENT AND RETENTION PROGRAMS. home State of Illinois, the average Illi- This Act may be cited as the ‘‘Public Part E of title VII of the Public Health nois Department of Public Health Health Workforce Development Act of 2009’’. Service Act (42 U.S.C. 294n et seq.) is amend- worker is 48 years old, and 39 percent of SEC. 2. FINDINGS. ed by adding at the end the following: the staff will be eligible to retire with- Congress makes the following findings: ‘‘Subpart 3—Public Health Workforce (1) The ability of the public health system Recruitment and Retention Programs in 5 years. Compounding this problem to prevent, respond to, and recover from bio- ‘‘SEC. 780. PUBLIC HEALTH WORKFORCE SCHOL- is the fact that 13 percent of agency po- terrorism, acute outbreaks of infectious dis- sitions are vacant, and when a new hire ARSHIP PROGRAM. eases, or other health threats and emer- ‘‘(a) ESTABLISHMENT.—The Secretary shall is found, the average age is 41. The gencies, and to prevent and reduce chronic establish the Public Health Workforce Schol- ‘‘graying’’ workforce and weak pipeline disease, depends upon the existence of ade- arship Program (referred to in this section as of new public health graduates are quate numbers of well-trained public health the ‘Program’) to assure an adequate supply problems across all levels of govern- professionals in Federal, State, local, and of public health professionals to eliminate ment. Nearly half of the federal em- tribal public health departments and health critical public health workforce shortages in centers. ployees in occupations critical to U.S. Federal, State, local, and tribal public (2) The public health system has an aging health agencies and health centers. biodefense will be eligible to retire by staff nearing retirement with no clear pipe- ‘‘(b) ELIGIBILITY.—To be eligible to partici- 2012. line of highly-skilled and capable employees pate in the Program, an individual shall— We cannot stay on the same trajec- to fill the void, with the average age of the ‘‘(1) be accepted for enrollment, or be en- tory in the future. We are not edu- State public health workforce at 47 years. rolled, as a full-time student—

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5851 ‘‘(A) in an accredited (as determined by the institution offering such course of study or Repayment Program (referred to in this sec- Secretary) educational institution in a State program); and tion as the ‘Program’) to assure an adequate or territory; and ‘‘(C) immediately upon graduation, serve supply of public health professionals to ‘‘(B) in a course of study or program, of- in the full-time employment of a Federal, eliminate critical public health workforce fered by such institution and approved by State, local, or tribal public health agency shortages in Federal, State, local, and tribal the Secretary, leading to a health profes- or a health center in a position related to public health agencies and in health centers. sions degree (graduate, undergraduate, or as- the course of study or program for which the ‘‘(b) ELIGIBILITY.—To be eligible to partici- sociate) or certificate, which may include contract was awarded for a period of time pate in the Program, an individual shall— public health, laboratory sciences, epidemi- (referred to in this section as the ‘period of ‘‘(1)(A) be accepted for enrollment, or be ology, environmental health, health commu- obligated service’) equal to the greater of— enrolled, as a full-time or part-time student nications, health education and behavioral ‘‘(i) 1 year for each academic year for in an accredited academic educational insti- sciences, information sciences, or public ad- which the individual was provided a scholar- tution in a State or territory in the final ministration; ship under the Program; or year of a course of study or program offered ‘‘(2) be a United States citizen; ‘‘(ii) 2 years; by that institution leading to a health pro- ‘‘(3) submit an application to the Secretary ‘‘(3) an agreement by both parties as to the fessions degree or certificate, which may in- to participate in the Program; and nature and extent of the scholarship assist- clude a degree (graduate, undergraduate, or ‘‘(4) sign and submit to the Secretary, at ance, which may include— associate) or certificate relating to public the time of the submission of such applica- ‘‘(A) payment of the tuition expenses of health, laboratory sciences, epidemiology, tion, a written contract (described in sub- the individual; environmental health, health communica- section (d)) to serve, upon the completion of ‘‘(B) payment of all other reasonable edu- tions, health education and behavioral the course of study or program involved, for cational expenses of the individual including sciences, information sciences, or public ad- the applicable period of obligated service in fees, books, equipment, and laboratory ex- ministration; or the full-time employment of a Federal, penses; and ‘‘(B) have graduated, within 10 years, from State, local, or tribal public health agency ‘‘(C) payment of a stipend of not more than an accredited educational institution in a or a health center. $1,200 per month for each month of the aca- State or territory and received a health pro- demic year involved (indexed to account for ‘‘(c) DISSEMINATION OF INFORMATION.— fessions degree (graduate, undergraduate, or increases in the Consumer Price Index); ‘‘(1) APPLICATION AND CONTRACT FORMS.— associate) or certificate, which may include ‘‘(4) a provision that any financial obliga- The Secretary shall disseminate application a degree (graduate, undergraduate, or asso- tion of the United States arising out of a forms and contract forms to individuals de- ciate) or certificate relating to public contract entered into under this subsection siring to participate in the Program. The health, laboratory sciences, epidemiology, and any obligation of the individual which is Secretary shall include with such forms— environmental health, health communica- conditioned thereon, is contingent upon ‘‘(A) a fair summary of the rights and li- tions, health education and behavioral funds being appropriated for scholarships abilities of an individual whose application sciences, information sciences, or public ad- under this section; is approved (and whose contract is accepted) ministration; ‘‘(5) a statement of the damages to which by the Secretary, including in the summary ‘‘(2)(A) in the case of an individual de- the United States is entitled for the individ- a clear explanation of the damages to which ual’s breach of the contract; and scribed in paragraph (1)(A), have accepted the United States is entitled in the case of ‘‘(6) such other statements of the rights employment with a Federal, State, local, or the individual’s breach of the contract; and and liabilities of the Secretary and of the in- tribal public health agency or a health cen- ‘‘(B) information relating to the service ob- dividual, not inconsistent with the provi- ter, as recognized by the Secretary, to com- ligation and such other information as may sions of this section. mence upon graduation; or be necessary for the individual to understand ‘‘(e) POSTPONING OBLIGATED SERVICE.— ‘‘(B) in the case of an individual described the individual’s prospective participation in With respect to an individual receiving a de- in paragraph (1)(B), be employed by, or have the Program. gree or certificate from a school of medicine, accepted employment with, a Federal, State, ‘‘(2) INFORMATION FOR SCHOOLS.—The Sec- public health, nursing, osteopathic medicine, local, or tribal public health agency or a retary shall distribute to health professions dentistry, veterinary medicine, optometry, health center, as recognized by the Sec- schools and other appropriate accredited podiatry, pharmacy, psychology, or social retary; academic institutions and relevant Federal, work under a scholarship under the Pro- ‘‘(3) be a United States citizen; State, local, and tribal public health agen- gram, the date of the initiation of the period ‘‘(4) submit an application to the Secretary cies, materials providing information on the of obligated service may be postponed, upon to participate in the Program; and Program and shall encourage such schools, the submission by the individual of a peti- ‘‘(5) sign and submit to the Secretary, at institutions, and agencies to disseminate tion for such postponement and approval by the time of the submission of such applica- such materials to potentially eligible stu- the Secretary, to the date on which the indi- tion, a written contract (described in sub- dents. vidual completes an approved internship, section (d)) to serve for the applicable period ‘‘(3) UNDERSTANDABILITY AND TIMING.—The residency, or other relevant public health ad- of obligated service in the full-time employ- application form, contract form, and all vanced training program. ment of a Federal, State, local, or tribal pub- other information furnished by the Sec- ‘‘(f) ADMINISTRATIVE PROVISIONS.— lic health agency or a health center. retary under this section shall— ‘‘(1) CONTRACTS WITH INSTITUTIONS.—The ‘‘(c) DISSEMINATION OF INFORMATION.— ‘‘(A) be written in a manner calculated to Secretary may contract with an educational ‘‘(1) APPLICATION AND CONTRACT FORMS.— be understood by the average individual ap- institution in which a participant in the Pro- The Secretary shall disseminate application plying to participate in the Program; and gram is enrolled, for the payment to the edu- forms and contract forms to individuals de- ‘‘(B) be made available by the Secretary on cational institution of the amounts of tui- siring to participate in the Program. The a date sufficiently early to ensure that such tion and other reasonable educational ex- Secretary shall include with such forms— individuals have adequate time to carefully penses described in subsection (d)(3). ‘‘(A) a fair summary of the rights and li- review and evaluate such forms and informa- ‘‘(2) EMPLOYMENT CEILINGS.—Notwith- abilities of an individual whose application tion. standing any other provision of law, individ- is approved (and whose contract is accepted) ‘‘(d) CONTRACT.—The written contract be- uals who have entered into written contracts by the Secretary, including in the summary tween the Secretary and an individual shall with the Secretary under this section, while a clear explanation of the damages to which contain— undergoing academic training, shall not be the United States is entitled to recover in ‘‘(1) an agreement on the part of the Sec- counted against any employment ceiling af- the case of the individual’s breach of the retary that the Secretary will provide the infecting the Department or any other Federal contract; and dividual with a scholarship for a period of agency. ‘‘(B) information relating to the service ob- ‘‘(g) BREACH OF CONTRACT.—An individual years (not to exceed 4 academic years) dur- ligation and such other information as may who fails to comply with the contract ening which the individual shall pursue an ap- be necessary for the individual to understand tered into under subsection (d) shall be sub- proved course of study or program to prepare the individual’s prospective participation in ject to the same financial penalties as pro- the individual to serve in the public health the Program. vided for under section 338E for breaches of workforce; scholarship contracts under sections 338A. ‘‘(2) INFORMATION FOR SCHOOLS.—The Sec- ‘‘(2) an agreement on the part of the indi- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— retary shall distribute to health professions vidual that the individual will— There are authorized to be appropriated to schools and other appropriate accredited ‘‘(A) maintain full-time enrollment in the carry out this section $35,000,000 for each of academic institutions and relevant Federal, approved course of study or program de- the fiscal years 2010 through 2015. State, local, and tribal public health agen- scribed in subsection (b)(1) until the indi- ‘‘(i) DEFINITION.—For purposes of this sub- cies and health centers, materials providing vidual completes that course of study or pro- part, the term ‘health center’ has the mean- information on the Program and shall en- gram; ing given such term in section 330(a). courage such schools, institutions, and agen- ‘‘(B) while enrolled in the course of study ‘‘SEC. 781. PUBLIC HEALTH WORKFORCE LOAN cies to disseminate such materials to poten- or program, maintain an acceptable level of REPAYMENT PROGRAM. tially eligible students. academic standing (as determined under reg- ‘‘(a) ESTABLISHMENT.—The Secretary shall ‘‘(3) UNDERSTANDABILITY AND TIMING.—The ulations of the Secretary by the educational establish the Public Health Workforce Loan application form, contract form, and all

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5852 CONGRESSIONAL RECORD — SENATE May 21, 2009 other information furnished by the Sec- ‘‘(B) all other reasonable educational ex- public health workforce loan repayment pro- retary under this section shall— penses, including fees, books, and laboratory grams under this subpart, the Secretary ‘‘(A) be written in a manner calculated to expenses, incurred by the individual. shall award a grant to any public health be understood by the average individual ap- ‘‘(2) PAYMENTS FOR YEARS SERVED.— agency that receives public health prepared- plying to participate in the Program; and ‘‘(A) IN GENERAL.—For each year of obli- ness cooperative agreements, or other suc- ‘‘(B) be made available by the Secretary on gated service that an individual contracts to cessor cooperative agreements, from the De- a date sufficiently early to ensure that such serve under subsection (d) the Secretary may partment of Health and Human Services. individuals have adequate time to carefully pay up to $35,000 on behalf of the individual ‘‘(b) REQUIREMENTS.—A State or local loan review and evaluate such forms and informa- for loans described in paragraph (1). With re- repayment program operated with a grant tion. spect to participants under the Program under subsection (a) shall incorporate all ‘‘(d) CONTRACT.—The written contract (re- whose total eligible loans are less than provisions of the Public Health Workforce ferred to in this section) between the Sec- $105,000, the Secretary shall pay an amount Loan Repayment Program under section 781, retary and an individual shall contain— that does not exceed 1⁄3 of the eligible loan including the ability to designate priority ‘‘(1) an agreement on the part of the Sec- balance for each year of obligated service of service areas within the relevant political retary that the Secretary will repay on be- the individual. jurisdiction. half of the individual loans incurred by the ‘‘(B) REPAYMENT SCHEDULE.—Any arrange- ‘‘(c) ADMINISTRATION.—The head of the individual in the pursuit of the relevant pub- ment made by the Secretary for the making State or local office that receives a grant lic health workforce educational degree or of loan repayments in accordance with this under subsection (a) shall be responsible for certificate in accordance with the terms of subsection shall provide that any repay- contracting and operating the loan repay- the contract; ments for a year of obligated service shall be ment program under the grant. ‘‘(2) an agreement on the part of the indi- made no later than the end of the fiscal year ‘‘(d) RULE OF CONSTRUCTION.—Nothing in vidual that the individual will serve, imme- in which the individual completes such year this section shall be construed to obligate or diately upon graduation in the case of an in- of service. limit any State, local, or tribal government dividual described in subsection (b)(1)(A) ‘‘(3) TAX LIABILITY.—For the purpose of entity from implementing independent or service, or in the case of an individual de- providing reimbursements for tax liability supplemental public health workforce devel- scribed in subsection (b)(1)(B) continue to resulting from payments under paragraph (2) opment programs within their borders. serve, in the full-time employment of a Fed- on behalf of an individual— ‘‘SEC. 783. TRAINING FOR MID-CAREER PUBLIC eral, State, local, or tribal public health ‘‘(A) the Secretary shall, in addition to HEALTH PROFESSIONALS. agency or health center in a position related such payments, make payments to the indi- ‘‘(a) IN GENERAL.—The Secretary may to the course of study or program for which vidual in an amount not to exceed 39 percent make grants to, or enter into contracts with, the contract was awarded for a period of of the total amount of loan repayments any eligible entity to award scholarships to time (referred to in this section as the ‘pe- made for the taxable year involved; and eligible individuals to enroll in degree or riod of obligated service’) equal to the great- ‘‘(B) may make such additional payments professional training programs for the pur- er of— as the Secretary determines to be appro- pose of enabling mid-career professionals in ‘‘(A) 3 years; or priate with respect to such purpose. the public health workforce to receive addi- ‘‘(B) such longer period of time as deter- ‘‘(4) PAYMENT SCHEDULE.—The Secretary tional training in the field of public health. mined appropriate by the Secretary and the ‘‘(b) ELIGIBILITY.— individual; may enter into an agreement with the holder ‘‘(1) ELIGIBLE ENTITY.—The term ‘eligible ‘‘(3) an agreement, as appropriate, on the of any loan for which payments are made part of the individual to relocate for the en- under the Program to establish a schedule entity’ indicates an accredited educational tire period of obligated service to a political for the making of such payments. institution that offers a course of study, cer- ‘‘(f) POSTPONING OBLIGATED SERVICE.—With jurisdiction designated by the Secretary to tificate program, or professional training respect to an individual receiving a degree or be a priority service area in exchange for an program in infectious disease science, medi- certificate from a school of medicine, public additional loan repayment incentive amount cine, public health, veterinary medicine, or health, nursing, osteopathic medicine, den- that does not exceed 20 percent of the indi- other discipline impacting or influenced by tistry, veterinary medicine, optometry, po- vidual’s eligible loan repayment award per bioterrorism or emerging infectious diseases. diatry, pharmacy, psychology, or social academic year such that the total of the loan ‘‘(2) ELIGIBLE INDIVIDUALS.—The term ‘eli- work, the date of the initiation of the period repayment and the incentive amount shall gible individuals’ includes those individuals of obligated service may be postponed, upon employed in public health positions at the not exceed 1⁄3 of the eligible loan balance per the submission by the individual of a peti- year; Federal, State, tribal, or local level or a tion for such postponement and approval by ‘‘(4) in the case of an individual described health center who are interested in retaining the Secretary, to the date on which the indi- or upgrading their education. in subsection (b)(1)(A) who is in the final vidual completes an approved internship, year of study and who has accepted employ- ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— residency, or other relevant public health ad- There are authorized to be appropriated to ment with a Federal, State, local, or tribal vanced training program. public health agency or a health center upon carry out this section, $30,000,000 for each of ‘‘(g) ADMINISTRATIVE PROVISIONS.— the fiscal years 2010 through 2015. graduation, an agreement on the part of the ‘‘(1) HIRING PRIORITY.—Notwithstanding ‘‘SEC. 784. CATALOGUE OF FEDERAL PUBLIC individual to complete the education or any other provision of law, Federal, State, training, maintain an acceptable level of HEALTH WORKFORCE EMPLOYMENT local, and tribal public health agencies and OPPORTUNITIES. academic standing (as determined by the health centers may give hiring priority to ‘‘(a) IN GENERAL.—The Director of the Of- education institution offering the course of any individual who has qualified for and is fice of Personnel Management, in coopera- study or training), and agree to the period of willing to execute a contract to participate tion with the Secretary, shall ensure that, obligated service; in the Program. included in the Internet website of the Office ‘‘(5) a provision that any financial obliga- ‘‘(2) EMPLOYMENT CEILINGS.—Notwith- of Personnel Management, there is an online tion of the United States arising out of a standing any other provision of law, individ- catalogue, or link to an online catalogue, of contract entered into under this section and uals who have entered into written contracts public health workforce employment oppor- any obligation of the individual that is con- with the Secretary under this section, who tunities in the Federal Government. ditioned thereon, is contingent on funds are serving as full-time employees of a ‘‘(b) REQUIREMENTS.—To the extent prac- being appropriated for loan repayments State, local, or tribal public health agency ticable, the catalogue described in sub- under this section; or a health center, or who are in the last section (a) shall include— ‘‘(6) a statement of the damages to which year of public health workforce academic ‘‘(1) existing and projected job openings in the United States is entitled, under this sec- preparation, shall not be counted against the Federal public health workforce; and tion for the individual’s breach of the con- any employment ceiling affecting the De- ‘‘(2) a general discussion of the occupations tract; and partment or any other Federal agency. that comprise the Federal public health ‘‘(7) such other statements of the rights ‘‘(h) BREACH OF CONTRACT.—An individual workforce. and liabilities of the Secretary and of the in- who fails to comply with the contract en- ‘‘(c) INFORMATION.—The Secretary shall individual, not inconsistent with this section. tered into under subsection (d) shall be sub- clude a copy of the catalogue described in ‘‘(e) PAYMENTS.— ject to the same financial penalties as pro- subsection (a), or a prominent reference to ‘‘(1) IN GENERAL.—A loan repayment provided for under section 338E for breaches of the catalogue, in— vided for an individual under a written con- loan repayment contracts under section tract under the Program shall consist of pay- ‘‘(1) the application forms provided under 338B. section 780(c)(1); and ment, in accordance with paragraph (2), on ‘‘(i) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(2) the information for schools provided behalf of the individual of the principal, in- There are authorized to be appropriated to under section 780(c)(2).’’. terest, and related expenses on government carry out this section $195,000,000 for each of and commercial loans received by the indi- the fiscal years 2010 through 2015. By Mr. KOHL (for himself and vidual regarding the undergraduate or grad- ‘‘SEC. 782. GRANTS FOR STATE AND LOCAL PRO- uate education of the individual (or both), GRAMS. Mr. LEAHY): which loans were made for— ‘‘(a) IN GENERAL.—For the purpose of oper- S. 1147. A bill to prevent tobacco ‘‘(A) tuition expenses; or ating State, local, tribal, and health center smuggling, to ensure the collection of

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5853 all tobacco taxes, and for other pur- growing more and more complex, and In addition to these important law poses; to the Committee on the Judici- take longer to resolve. More people are enforcement needs, it is important to ary. selling cigarettes illegally, and they mention another aspect of this legisla- Mr. KOHL. Mr. President, I rise are getting better at it. As these cases tion that is equally important. One of today with Senator LEAHY to introduce get tougher to solve, we owe it to law the primary ways children get access the Prevent All Cigarette Trafficking, enforcement officials to do our part to to cigarettes today is on the internet PACT, Act of 2009. As the problem of lend a helping hand. The PACT Act en- and through the mails. The PACT Act cigarette trafficking continues to hances BATFE’s authority to enter now contains a strong age verification worsen, we must provide law enforce- premises to investigate and enforce section that will ensure that online ment officials with the tools they need cigarette trafficking laws, and increas- vendors are not selling cigarettes to to crack down on cigarette trafficking. ing penalties for violations. Unless our children. This provision would pro- The PACT Act closes loopholes in cur- these existing laws are strengthened, hibit the sale of tobacco products to rent tobacco trafficking laws, enhances traffickers will continue to operate children, and it would also require sell- penalties for violations, and provides with near impunity. ers to use a method of shipment that law enforcement with new tools to Just as important, though, we must requires a signature and photo ID combat the innovative new methods provide law enforcement with new en- check upon delivery. Most States al- being used by cigarette traffickers to forcement tools—tools that enable ready have similar laws on the books, them to combat the cigarette smug- distribute their products. Each day we and this would simply make sure that glers of the 21st century. The internet delay passage of this important legisla- we have a national standard to ensure represents one of those new obstacles tion, terrorists and criminals raise that the internet is not being used to to enforcement. Illegal tobacco vendors more money, States lose significant evade similar ID checks we require at amounts of tax revenue, and kids have around the world evade detection by conducting transactions over the inter- our grocery and convenience stores. easy access to tobacco products over The recognition that this is a signifi- net, and then employing the services of the internet. cant problem, along with the common- common carriers and the U.S. Postal The cost to Americans is not merely sense approach taken in the PACT Act financial. Tobacco smuggling also Service to deliver their illegal products around the country. Just a few years to combat it, has brought together a poses a significant threat to innocent ago, there were less than 100 vendors coalition of strange bedfellows. The people around the world. It has devel- selling cigarettes online. Today, we es- legislation has not just garnered the oped into a popular, and highly profit- timate that approximately 500 vendors support of the law enforcement com- able, means of generating revenue for sell illegal tobacco products over the munity, including the National Asso- criminal and terrorist organizations. internet. ciation of Attorneys General, and pub- Hezbollah, for example, earned $1.5 mil- Without new and innovative enforce- lic health advocates, such as the Cam- lion between 1996 and 2000 by engaging ment methods, law enforcement will paign for Tobacco Free Kids. It also in tobacco trafficking in the U.S. Al not be able to effectively address the has the strong support of tobacco com- Qaeda and Hamas have also generated growing challenges facing them today. panies like Altria. These groups, who significant revenue from the sale of The PACT Act sets out to do just that sometimes find themselves on opposite counterfeit cigarettes. That money is by cutting off the delivery. A signifi- sides of these issues, all agree that this often raised right here in the U.S. and cant part of this problem involves the is an issue begging to be addressed. it is then funneled back to these inter- shipment of contraband cigarettes They all recognize the urgent need to national terrorist groups. Cutting off through the U.S. Postal Service, USPS. provide our law enforcement officials financial support to terrorist groups is This bill would cut off access to the with the tools they need to combat a an integral part of the protecting this USPS by making tobacco products very serious threat to our security and country against future attacks. We can non-mailable. We would treat ciga- protect public health. no longer continue to let terrorist or- rettes just like we treat alcohol, mak- Mr. President, I ask unanimous con- ganizations exploit weaknesses in our ing it illegal to ship them through the sent that the text of the bill be printed tobacco laws to generate significant U.S. mails and cutting off a large por- in the RECORD. amounts of money. The cost of doing tion of the delivery system. There being no objection, the text of nothing is too great. It also employs a novel approach, one the bill was ordered to be printed in This is not a minor problem. Ciga- being used in some of our States today, the RECORD, as follows: rette smuggling is a multibillion dollar to combat illegal sales of tobacco over S. 1147 a year phenomenon, and it is getting the internet. Specifically, it will allow Be it enacted by the Senate and House of Rep- worse. In 1998, the Bureau of Alcohol, the Attorney General, in collaboration resentatives of the United States of America in Tobacco, Firearms and Explosives with State and local law enforcement, Congress assembled, (BATFE) had six active tobacco smug- to create a list of companies that are SECTION 1. SHORT TITLE; FINDINGS; PURPOSES. gling investigations. In 2005, that num- illegally selling tobacco products. That (a) SHORT TITLE.—This Act may be cited as ber swelled to 452. Today there are list will then be distributed to legiti- the ‘‘Prevent All Cigarette Trafficking Act more than 400 open cases. of 2009’’ or ‘‘PACT Act’’. mate businesses whose services are in- (b) FINDINGS.—Congress finds that— The number of cases alone, however, dispensable to illegal internet ven- (1) the sale of illegal cigarettes and smoke- does not sufficiently put this problem dors—common carriers. Once a com- less tobacco products significantly reduces into perspective. The amount of money mon carrier knows which customers Federal, State, and local government reve- involved is truly astonishing. Cigarette are breaking the law, this bill will en- nues, with Internet sales alone accounting trafficking, including the illegal sale of sure that they take appropriate action for billions of dollars of lost Federal, State, tobacco products over the internet, to prevent their companies from being and local tobacco tax revenue each year; costs States billions of dollars in lost exploited by terrorists and other crimi- (2) Hezbollah, Hamas, al Qaeda, and other tax revenue each year. It is estimated terrorist organizations have profited from nals. trafficking in illegal cigarettes or counter- that we lose $5 billion in state revenues It is important to point out that this feit cigarette tax stamps; due to illegal tobacco sales. As lost to- bill has been carefully negotiated with (3) terrorist involvement in illicit ciga- bacco tax revenue lines the pockets of the common carriers, including UPS, rette trafficking will continue to grow be- criminals and terrorist groups, states to ensure that it does not place any un- cause of the large profits such organizations are being forced to college tuition and reasonable burdens on these businesses. can earn; restrict access to other public pro- In recognition of UPS and other com- (4) the sale of illegal cigarettes and smoke- grams. Tobacco smuggling may provide mon carriers’ agreements to not de- less tobacco over the Internet, and through some with cheap access to cigarettes, liver cigarettes to individual con- mail, fax, or phone orders, makes it cheaper and easier for children to obtain tobacco but those cheap cigarettes are coming sumers on a nationwide basis, pursuant products; at a significant cost to the rest of us. to agreements with the State of New (5) the majority of Internet and other re- According to the Government Ac- York, we have exempted them from the mote sales of cigarettes and smokeless to- countability Office, each year, ciga- bill provided this agreement remains in bacco are being made without adequate pre- rette trafficking investigations are effect. cautions to protect against sales to children,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5854 CONGRESSIONAL RECORD — SENATE May 21, 2009 without the payment of applicable taxes, and wholesaler, or retailer of cigarettes or (iv) by striking ‘‘to other than a dis- without complying with the nominal reg- smokeless tobacco. tributor licensed by or located in such istration and reporting requirements in ex- ‘‘(5) DELIVERY SALE.—The term ‘delivery State,’’; and isting Federal law; sale’ means any sale of cigarettes or smoke- (v) by striking ‘‘or transfer and shipment’’ (6) unfair competition from illegal sales of less tobacco to a consumer if— and inserting ‘‘, transfer, or shipment’’; cigarettes and smokeless tobacco is taking ‘‘(A) the consumer submits the order for (B) in paragraph (1)— billions of dollars of sales away from law- the sale by means of a telephone or other (i) by striking ‘‘with the tobacco tax ad- abiding retailers throughout the United method of voice transmission, the mails, or ministrator of the State’’ and inserting States; the Internet or other online service, or the ‘‘with the Attorney General of the United (7) with rising State and local tobacco tax seller is otherwise not in the physical pres- States and with the tobacco tax administra- rates, the incentives for the illegal sale of ence of the buyer when the request for pur- tors of the State and place’’; and cigarettes and smokeless tobacco have in- chase or order is made; or (ii) by striking ‘‘; and’’ and inserting the creased; ‘‘(B) the cigarettes or smokeless tobacco following: ‘‘, as well as telephone numbers (8) the number of active tobacco investiga- are delivered to the buyer by common car- for each place of business, a principal elections being conducted by the Bureau of Alco- rier, private delivery service, or other meth- tronic mail address, any website addresses, hol, Tobacco, Firearms, and Explosives rose od of remote delivery, or the seller is not in and the name, address, and telephone num- to 452 in 2005; the physical presence of the buyer when the ber of an agent in the State authorized to ac- (9) the number of Internet vendors in the buyer obtains possession of the cigarettes or cept service on behalf of the person;’’; United States and in foreign countries that smokeless tobacco. (C) in paragraph (2), by striking ‘‘and the sell cigarettes and smokeless tobacco to buy- ‘‘(6) DELIVERY SELLER.—The term ‘delivery quantity thereof.’’ and inserting ‘‘the quan- ers in the United States increased from only seller’ means a person who makes a delivery tity thereof, and the name, address, and about 40 in 2000 to more than 500 in 2005; and sale. phone number of the person delivering the (10) the intrastate sale of illegal cigarettes ‘‘(7) INDIAN COUNTRY.—The term ‘Indian shipment to the recipient on behalf of the de- and smokeless tobacco over the Internet has country’— livery seller, with all invoice or memoranda a substantial effect on interstate commerce. ‘‘(A) has the meaning given that term in information relating to specific customers to (c) PURPOSES.—It is the purpose of this Act section 1151 of title 18, United States Code, be organized by city or town and by zip code; to— except that within the State of Alaska that and’’; and (1) require Internet and other remote sell- term applies only to the Metlakatla Indian (D) by adding at the end the following: ers of cigarettes and smokeless tobacco to Community, Annette Island Reserve; and ‘‘(3) with respect to each memorandum or comply with the same laws that apply to ‘‘(B) includes any other land held by the invoice filed with a State under paragraph law-abiding tobacco retailers; United States in trust or restricted status (2), also file copies of the memorandum or in- (2) create strong disincentives to illegal for one or more Indian tribes. voice with the tobacco tax administrators smuggling of tobacco products; ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’, and chief law enforcement officers of the (3) provide government enforcement offi- ‘tribe’, or ‘tribal’ refers to an Indian tribe as local governments and Indian tribes oper- cials with more effective enforcement tools defined in section 4(e) of the Indian Self-De- ating within the borders of the State that to combat tobacco smuggling; termination and Education Assistance Act apply their own local or tribal taxes on ciga- (4) make it more difficult for cigarette and (25 U.S.C. 450b(e)) or as listed pursuant to rettes or smokeless tobacco.’’; smokeless tobacco traffickers to engage in section 104 of the Federally Recognized In- (3) in subsection (b)— and profit from their illegal activities; dian Tribe List Act of 1994 (25 U.S.C. 479a–1). (A) by inserting ‘‘PRESUMPTIVE EVI- (5) increase collections of Federal, State, ‘‘(9) INTERSTATE COMMERCE.—The term DENCE.—’’ after ‘‘(b)’’; and local excise taxes on cigarettes and ‘interstate commerce’ means commerce be- (B) by striking ‘‘(1) that’’ and inserting smokeless tobacco; and tween a State and any place outside the ‘‘that’’; and (6) prevent and reduce youth access to in- State, commerce between a State and any (C) by striking ‘‘, and (2)’’ and all that fol- expensive cigarettes and smokeless tobacco Indian country in the State, or commerce be- lows and inserting a period; and through illegal Internet or contraband sales. tween points in the same State but through (4) by adding at the end the following: SEC. 2. COLLECTION OF STATE CIGARETTE AND any place outside the State or through any ‘‘(c) USE OF INFORMATION.—A tobacco tax SMOKELESS TOBACCO TAXES. Indian country. administrator or chief law enforcement offi- (a) DEFINITIONS.—The Act of October 19, ‘‘(10) PERSON.—The term ‘person’ means an cer who receives a memorandum or invoice 1949 (15 U.S.C. 375 et seq.; commonly referred individual, corporation, company, associa- under paragraph (2) or (3) of subsection (a) to as the ‘‘Jenkins Act’’) (referred to in this tion, firm, partnership, society, State gov- shall use the memorandum or invoice solely Act as the ‘‘Jenkins Act’’), is amended by ernment, local government, Indian tribal for the purposes of the enforcement of this striking the first section and inserting the government, governmental organization of Act and the collection of any taxes owed on following: such a government, or joint stock company. related sales of cigarettes and smokeless to- ‘‘SECTION 1. DEFINITIONS. ‘‘(11) STATE.—The term ‘State’ means each bacco, and shall keep confidential any per- ‘‘As used in this Act, the following defini- of the several States of the United States, sonal information in the memorandum or in- tions apply: the District of Columbia, the Commonwealth voice except as required for such purposes.’’. ‘‘(1) ATTORNEY GENERAL.—The term ‘attor- of Puerto Rico, or any territory or posses- (c) REQUIREMENTS FOR DELIVERY SALES.— ney general’, with respect to a State, means sion of the United States. The Jenkins Act is amended by inserting the attorney general or other chief law en- ‘‘(12) SMOKELESS TOBACCO.—The term after section 2 the following: forcement officer of the State. ‘smokeless tobacco’ means any finely cut, ‘‘SEC. 2A. DELIVERY SALES. ‘‘(2) CIGARETTE.— ground, powdered, or leaf tobacco, or other ‘‘(a) IN GENERAL.—With respect to delivery ‘‘(A) IN GENERAL.—The term ‘cigarette’— product containing tobacco, that is intended sales into a specific State and place, each de- ‘‘(i) has the meaning given that term in to be placed in the oral or nasal cavity or livery seller shall comply with— section 2341 of title 18, United States Code; otherwise consumed without being com- ‘‘(1) the shipping requirements set forth in and busted. subsection (b); ‘‘(ii) includes roll-your-own tobacco (as de- ‘‘(13) TOBACCO TAX ADMINISTRATOR.—The ‘‘(2) the recordkeeping requirements set fined in section 5702 of the Internal Revenue term ‘tobacco tax administrator’ means the forth in subsection (c); Code of 1986). State, local, or tribal official duly author- ‘‘(3) all State, local, tribal, and other laws ‘‘(B) EXCEPTION.—The term ‘cigarette’ does ized to collect the tobacco tax or administer generally applicable to sales of cigarettes or not include a cigar (as defined in section 5702 the tax law of a State, locality, or tribe, re- smokeless tobacco as if the delivery sales oc- of the Internal Revenue Code of 1986). spectively. curred entirely within the specific State and ‘‘(3) COMMON CARRIER.—The term ‘common ‘‘(14) USE.—The term ‘use’ includes the place, including laws imposing— carrier’ means any person (other than a local consumption, storage, handling, or disposal ‘‘(A) excise taxes; messenger service or the United States Post- of cigarettes or smokeless tobacco.’’. ‘‘(B) licensing and tax-stamping require- al Service) that holds itself out to the gen- (b) REPORTS TO STATE TOBACCO TAX ADMIN- ments; eral public as a provider for hire of the trans- ISTRATORS.—Section 2 of the Jenkins Act (15 ‘‘(C) restrictions on sales to minors; and portation by water, land, or air of merchan- U.S.C. 376) is amended— ‘‘(D) other payment obligations or legal re- dise (regardless of whether the person actu- (1) by striking ‘‘cigarettes’’ each place it quirements relating to the sale, distribution, ally operates the vessel, vehicle, or aircraft appears and inserting ‘‘cigarettes or smoke- or delivery of cigarettes or smokeless toby which the transportation is provided) be- less tobacco’’; bacco; and tween a port or place and a port or place in (2) in subsection (a)— ‘‘(4) the tax collection requirements set the United States. (A) in the matter preceding paragraph (1)— forth in subsection (d). ‘‘(4) CONSUMER.—The term ‘consumer’— (i) by inserting ‘‘CONTENTS.—’’ after ‘‘(a)’’; ‘‘(b) SHIPPING AND PACKAGING.— ‘‘(A) means any person that purchases (ii) by striking ‘‘or transfers’’ and insert- ‘‘(1) REQUIRED STATEMENT.—For any ship- cigarettes or smokeless tobacco; and ing ‘‘, transfers, or ships’’; ping package containing cigarettes or ‘‘(B) does not include any person lawfully (iii) by inserting ‘‘, locality, or Indian smokeless tobacco, the delivery seller shall operating as a manufacturer, distributor, country of an Indian tribe’’ after ‘‘a State’’; include on the bill of lading, if any, and on

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5855 the outside of the shipping package, on the zip code, into which the delivery sale is so ‘‘(ii) all addresses from which the delivery same surface as the delivery address, a clear made. seller does or has done business, or ships or and conspicuous statement providing as fol- ‘‘(2) RECORD RETENTION.—Records of a de- has shipped cigarettes or smokeless tobacco; lows: ‘CIGARETTES/SMOKELESS TO- livery sale shall be kept as described in para- ‘‘(iii) the website addresses, primary e-mail BACCO: FEDERAL LAW REQUIRES THE graph (1) until the end of the 4th full cal- address, and phone number of the delivery PAYMENT OF ALL APPLICABLE EXCISE endar year that begins after the date of the seller; and TAXES, AND COMPLIANCE WITH APPLI- delivery sale. ‘‘(iv) any other information that the Attor- CABLE LICENSING AND TAX–STAMPING ‘‘(3) ACCESS FOR OFFICIALS.—Records kept ney General of the United States determines OBLIGATIONS’. under paragraph (1) shall be made available would facilitate compliance with this sub- ‘‘(2) FAILURE TO LABEL.—Any shipping to tobacco tax administrators of the States, section by recipients of the list. package described in paragraph (1) that is to local governments and Indian tribes that ‘‘(C) UPDATING.—The Attorney General of not labeled in accordance with that para- apply local or tribal taxes on cigarettes or the United States shall update and distribute graph shall be treated as nondeliverable smokeless tobacco, to the attorneys general the list described in subparagraph (A) at matter by a common carrier or other deliv- of the States, to the chief law enforcement least once every 4 months, and may dis- ery service, if the common carrier or other officers of the local governments and Indian tribute the list and any updates by regular delivery service knows or should know the tribes, and to the Attorney General of the mail, electronic mail, or any other reason- package contains cigarettes or smokeless to- United States in order to ensure the compli- able means, or by providing recipients with bacco. If a common carrier or other delivery ance of persons making delivery sales with access to the list through a nonpublic website that the Attorney General of the service believes a package is being submitted the requirements of this Act. for delivery in violation of paragraph (1), it United States regularly updates. may require the person submitting the pack- ‘‘(d) DELIVERY.— ‘‘(D) STATE, LOCAL, OR TRIBAL ADDITIONS.— age for delivery to establish that it is not ‘‘(1) IN GENERAL.—Except as provided in The Attorney General of the United States being sent in violation of paragraph (1) be- paragraph (2), no delivery seller may sell or shall include in the list described in subpara- fore accepting the package for delivery. deliver to any consumer, or tender to any graph (A) any noncomplying delivery sellers Nothing in this paragraph shall require the common carrier or other delivery service, identified by any State, local, or tribal gov- common carrier or other delivery service to any cigarettes or smokeless tobacco pursu- ernment under paragraph (6), and shall dis- open any package to determine its contents. ant to a delivery sale unless, in advance of tribute the list to the attorney general or ‘‘(3) WEIGHT RESTRICTION.—A delivery seller the sale, delivery, or tender— chief law enforcement official and the tax shall not sell, offer for sale, deliver, or cause ‘‘(A) any cigarette or smokeless tobacco administrator of any government submitting to be delivered in any single sale or single excise tax that is imposed by the State in any such information, and to any common delivery any cigarettes or smokeless tobacco which the cigarettes or smokeless tobacco carriers or other persons who deliver small weighing more than 10 pounds. are to be delivered has been paid to the packages to consumers identified by any government pursuant to paragraph (6). ‘‘(4) AGE VERIFICATION.— State; ‘‘(E) ACCURACY AND COMPLETENESS OF LIST ‘‘(A) IN GENERAL.—A delivery seller who ‘‘(B) any cigarette or smokeless tobacco mails or ships tobacco products— excise tax that is imposed by the local gov- OF NONCOMPLYING DELIVERY SELLERS.—In preparing and revising the list described in sub- ‘‘(i) shall not sell, deliver, or cause to be ernment of the place in which the cigarettes paragraph (A), the Attorney General of the delivered any tobacco products to a person or smokeless tobacco are to be delivered has United States shall— under the minimum age required for the been paid to the local government; and ‘‘(i) use reasonable procedures to ensure legal sale or purchase of tobacco products, as ‘‘(C) any required stamps or other indicia maximum possible accuracy and complete- determined by the applicable law at the that the excise tax has been paid are prop- ness of the records and information relied on place of delivery; erly affixed or applied to the cigarettes or for the purpose of determining that a deliv- ‘‘(ii) shall use a method of mailing or ship- smokeless tobacco. ery seller is not in compliance with this Act; ping that requires— ‘‘(2) EXCEPTION.—Paragraph (1) does not ‘‘(ii) not later than 14 days before including ‘‘(I) the purchaser placing the delivery sale apply to a delivery sale of smokeless tobacco if the law of the State or local government of a delivery seller on the list, make a reason- order, or an adult who is at least the min- able attempt to send notice to the delivery imum age required for the legal sale or pur- the place where the smokeless tobacco is to be delivered requires or otherwise provides seller by letter, electronic mail, or other chase of tobacco products, as determined by means that the delivery seller is being the applicable law at the place of delivery, to that delivery sellers collect the excise tax from the consumer and remit the excise tax placed on the list, which shall cite the rel- sign to accept delivery of the shipping con- evant provisions of this Act and the specific tainer at the delivery address; and to the State or local government, and the delivery seller complies with the requirement. reasons for which the delivery seller is being ‘‘(II) the person who signs to accept deliv- placed on the list; ery of the shipping container to provide ‘‘(e) LIST OF UNREGISTERED OR NONCOMPLI- ‘‘(iii) provide an opportunity to the deliv- proof, in the form of a valid, government- ANT DELIVERY SELLERS.— ery seller to challenge placement on the list; issued identification bearing a photograph of ‘‘(1) IN GENERAL.— ‘‘(iv) investigate each challenge described the individual, that the person is at least the ‘‘(A) INITIAL LIST.—Not later than 90 days in clause (iii) by contacting the relevant minimum age required for the legal sale or after this subsection goes into effect under Federal, State, tribal, and local law enforce- purchase of tobacco products, as determined the Prevent All Cigarette Trafficking Act of ment officials, and provide the specific find- by the applicable law at the place of deliv- 2009, the Attorney General of the United ings and results of the investigation to the ery; and States shall compile a list of delivery sellers delivery seller not later than 30 days after ‘‘(iii) shall not accept a delivery sale order of cigarettes or smokeless tobacco that have the date on which the challenge is made; and from a person without— not registered with the Attorney General of ‘‘(v) if the Attorney General of the United ‘‘(I) obtaining the full name, birth date, the United States pursuant to section 2(a), States determines that the basis for includ- and residential address of that person; and or that are otherwise not in compliance with ing a delivery seller on the list is inaccurate, ‘‘(II) verifying the information provided in this Act, and— based on incomplete information, or cannot subclause (I), through the use of a commer- ‘‘(i) distribute the list to— be verified, promptly remove the delivery cially available database or aggregate of ‘‘(I) the attorney general and tax adminis- seller from the list as appropriate and notify databases, consisting primarily of data from trator of every State; each appropriate Federal, State, tribal, and government sources, that are regularly used ‘‘(II) common carriers and other persons local authority of the determination. by government and businesses for the pur- that deliver small packages to consumers in ‘‘(F) CONFIDENTIALITY.—The list described pose of age and identity verification and au- interstate commerce, including the United in subparagraph (A) shall be confidential, thentication, to ensure that the purchaser is States Postal Service; and and any person receiving the list shall main- at least the minimum age required for the ‘‘(III) any other person that the Attorney tain the confidentiality of the list and may legal sale or purchase of tobacco products, as General of the United States determines can deliver the list, for enforcement purposes, to determined by the applicable law at the promote the effective enforcement of this any government official or to any common place of delivery. Act; and carrier or other person that delivers tobacco ‘‘(B) LIMITATION.—No database being used ‘‘(ii) publicize and make the list available products or small packages to consumers. for age and identity verification under sub- to any other person engaged in the business Nothing in this section shall prohibit a com- paragraph (A)(iii) shall be in the possession of interstate deliveries or who delivers ciga- mon carrier, the United States Postal Serv- or under the control of the delivery seller, or rettes or smokeless tobacco in or into any ice, or any other person receiving the list be subject to any changes or supplemen- State. from discussing with a listed delivery seller tation by the delivery seller. ‘‘(B) LIST CONTENTS.—To the extent known, the inclusion of the delivery seller on the list ‘‘(c) RECORDS.— the Attorney General of the United States and the resulting effects on any services re- ‘‘(1) IN GENERAL.—Each delivery seller shall include, for each delivery seller on the quested by the listed delivery seller. shall keep a record of any delivery sale, in- list described in subparagraph (A)— ‘‘(2) PROHIBITION ON DELIVERY.— cluding all of the information described in ‘‘(i) all names the delivery seller uses or ‘‘(A) IN GENERAL.—Commencing on the section 2(a)(2), organized by the State, and has used in the transaction of its business or date that is 60 days after the date of the ini- within the State, by the city or town and by on packages delivered to customers; tial distribution or availability of the list

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5856 CONGRESSIONAL RECORD — SENATE May 21, 2009 described in paragraph (1)(A), no person who package contains cigarettes or smokeless to- 41713(b)(4)(B) of title 49 of the United States receives the list under paragraph (1), and no bacco— Code. person who delivers cigarettes or smokeless ‘‘(i) the person ordering the delivery shall ‘‘(C) STATE LAWS PROHIBITING DELIVERY tobacco to consumers, shall knowingly com- be obligated to pay— SALES.— plete, cause to be completed, or complete its ‘‘(I) the common carrier or other delivery ‘‘(i) IN GENERAL.—Except as provided in portion of a delivery of any package for any service as if the delivery of the package had clause (ii), nothing in the Prevent All Ciga- person whose name and address are on the been timely completed; and rette Trafficking Act of 2009, the amend- list, unless— ‘‘(II) if the package is not deliverable, any ments made by that Act, or in any other ‘‘(i) the person making the delivery knows reasonable additional fee or charge levied by Federal statute shall be construed to pre- or believes in good faith that the item does the common carrier or other delivery service empt, supersede, or otherwise limit or re- not include cigarettes or smokeless tobacco; to cover any extra costs and inconvenience strict State laws prohibiting the delivery ‘‘(ii) the delivery is made to a person law- and to serve as a disincentive against such sale, or the shipment or delivery pursuant to fully engaged in the business of manufac- noncomplying delivery orders; and a delivery sale, of cigarettes or other tobacco turing, distributing, or selling cigarettes or ‘‘(ii) if the package is determined not to be products to individual consumers or personal smokeless tobacco; or deliverable, the common carrier or other de- residences. ‘‘(iii) the package being delivered weighs livery service shall offer to provide the pack- ‘‘(ii) EXEMPTIONS.—No State may enforce more than 100 pounds and the person making age and its contents to a Federal, State, or against a common carrier a law prohibiting the delivery does not know or have reason- local law enforcement agency. the delivery of cigarettes or other tobacco ‘‘(B) RECORDS.—A common carrier or other products to individual consumers or personal able cause to believe that the package con- delivery service shall maintain, for a period residences without proof that the common tains cigarettes or smokeless tobacco. of 5 years, any records kept in the ordinary carrier is not exempt under paragraph (3) of ‘‘(B) IMPLEMENTATION OF UPDATES.—Com- course of business relating to any delivery this subsection. mencing on the date that is 30 days after the interrupted under this paragraph and provide ‘‘(6) STATE, LOCAL, AND TRIBAL ADDITIONS.— date of the distribution or availability of any that information, upon request, to the Attor- ‘‘(A) IN GENERAL.—Any State, local, or updates or corrections to the list described ney General of the United States or to the tribal government shall provide the Attor- in paragraph (1)(A), all recipients and all attorney general or chief law enforcement ney General of the United States with— common carriers or other persons that de- official or tax administrator of any State, ‘‘(i) all known names, addresses, website liver cigarettes or smokeless tobacco to con- local, or tribal government. addresses, and other primary contact infor- sumers shall be subject to subparagraph (A) ‘‘(C) CONFIDENTIALITY.—Any person receiv- mation of any delivery seller that— in regard to the corrections or updates. ing records under subparagraph (B) shall— ‘‘(I) offers for sale or makes sales of ciga- ‘‘(3) EXEMPTIONS.— ‘‘(i) use the records solely for the purposes rettes or smokeless tobacco in or into the ‘‘(A) IN GENERAL.—Subsection (b)(2) and of the enforcement of this Act and the col- State, locality, or tribal land; and any requirements or restrictions placed di- lection of any taxes owed on related sales of ‘‘(II) has failed to register with or make re- rectly on common carriers under this sub- cigarettes and smokeless tobacco; and ports to the respective tax administrator as section, including subparagraphs (A) and (B) ‘‘(ii) keep confidential any personal infor- required by this Act, or that has been found of paragraph (2), shall not apply to a com- mation in the records not otherwise required in a legal proceeding to have otherwise failed mon carrier that— for such purposes. to comply with this Act; and ‘‘(i) is subject to a settlement agreement ‘‘(5) PREEMPTION.— ‘‘(ii) a list of common carriers and other described in subparagraph (B); or ‘‘(A) IN GENERAL.—No State, local, or tribal persons who make deliveries of cigarettes or ‘‘(ii) if a settlement agreement described in government, nor any political authority of 2 smokeless tobacco in or into the State, lo- subparagraph (B) to which the common car- or more State, local, or tribal governments, cality, or tribal land. rier is a party is terminated or otherwise be- may enact or enforce any law or regulation ‘‘(B) UPDATES.—Any government providing comes inactive, is administering and enforc- relating to delivery sales that restricts de- a list to the Attorney General of the United ing policies and practices throughout the liveries of cigarettes or smokeless tobacco to States under subparagraph (A) shall also pro- United States that are at least as stringent consumers by common carriers or other de- vide updates and corrections every 4 months as the agreement. livery services on behalf of delivery sellers until such time as the government notifies ‘‘(B) SETTLEMENT AGREEMENT.—A settle- by— the Attorney General of the United States in ment agreement described in this subpara- ‘‘(i) requiring that the common carrier or writing that the government no longer de- graph— other delivery service verify the age or iden- sires to submit information to supplement ‘‘(i) is a settlement agreement relating to tity of the consumer accepting the delivery the list described in paragraph (1)(A). tobacco product deliveries to consumers; and by requiring the person who signs to accept ‘‘(C) REMOVAL AFTER WITHDRAWAL.—Upon ‘‘(ii) includes— delivery of the shipping container to provide receiving written notice that a government ‘‘(I) the Assurance of Discontinuance en- proof, in the form of a valid, government- no longer desires to submit information tered into by the Attorney General of New issued identification bearing a photograph of under subparagraph (A), the Attorney Gen- York and DHL Holdings USA, Inc. and DHL the individual, that the person is at least the eral of the United States shall remove from Express (USA), Inc. on or about July 1, 2005, minimum age required for the legal sale or the list described in paragraph (1)(A) any the Assurance of Discontinuance entered purchase of tobacco products, as determined persons that are on the list solely because of into by the Attorney General of New York by either State or local law at the place of the prior submissions of the government of and United Parcel Service, Inc. on or about delivery; the list of the government of noncomplying October 21, 2005, and the Assurance of Com- ‘‘(ii) requiring that the common carrier or delivery sellers of cigarettes or smokeless pliance entered into by the Attorney General other delivery service obtain a signature tobacco or a subsequent update or correction of New York and Federal Express Corpora- from the consumer accepting the delivery; by the government. tion and FedEx Ground Package Systems, ‘‘(iii) requiring that the common carrier or ‘‘(7) DEADLINE TO INCORPORATE ADDITIONS.— Inc. on or about February 3, 2006, if each of other delivery service verify that all applica- The Attorney General of the United States those agreements is honored throughout the ble taxes have been paid; shall— United States to block illegal deliveries of ‘‘(iv) requiring that packages delivered by ‘‘(A) include any delivery seller identified cigarettes or smokeless tobacco to con- the common carrier or other delivery service and submitted by a State, local, or tribal sumers; and contain any particular labels, notice, or government under paragraph (6) in any list ‘‘(II) any other active agreement between a markings; or or update that is distributed or made avail- common carrier and a State that operates ‘‘(v) prohibiting common carriers or other able under paragraph (1) on or after the date throughout the United States to ensure that delivery services from making deliveries on that is 30 days after the date on which the no deliveries of cigarettes or smokeless to- the basis of whether the delivery seller is or information is received by the Attorney Gen- bacco shall be made to consumers or ille- is not identified on any list of delivery sell- eral of the United States; and gally operating Internet or mail-order sellers ers maintained and distributed by any entity ‘‘(B) distribute any list or update described and that any such deliveries to consumers other than the Federal Government. in subparagraph (A) to any common carrier shall not be made to minors or without pay- ‘‘(B) RELATIONSHIP TO OTHER LAWS.—Except or other person who makes deliveries of ciga- ment to the States and localities where the as provided in subparagraph (C), nothing in rettes or smokeless tobacco that has been consumers are located of all taxes on the to- this paragraph shall be construed to nullify, identified and submitted by a government bacco products. expand, restrict, or otherwise amend or mod- pursuant to paragraph (6). ‘‘(4) SHIPMENTS FROM PERSONS ON LIST.— ify— ‘‘(8) NOTICE TO DELIVERY SELLERS.—Not ‘‘(A) IN GENERAL.—If a common carrier or ‘‘(i) section 14501(c)(1) or 41713(b)(4) of title later than 14 days before including any deliv- other delivery service delays or interrupts 49, United States Code; ery seller on the initial list described in the delivery of a package in the possession of ‘‘(ii) any other restrictions in Federal law paragraph (1)(A), or on an update to the list the common carrier or delivery service be- on the ability of State, local, or tribal gov- for the first time, the Attorney General of cause the common carrier or delivery service ernments to regulate common carriers; or the United States shall make a reasonable determines or has reason to believe that the ‘‘(iii) any provision of State, local, or trib- attempt to send notice to the delivery seller person ordering the delivery is on a list deal law regulating common carriers that is by letter, electronic mail, or other means scribed in paragraph (1)(A) and that the described in section 14501(c)(2) or that the delivery seller is being placed on the

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5857 list or update, with that notice citing the ‘‘(i) as consideration for the receipt of, or person for violations of this Act, including relevant provisions of this Act. as consideration for a promise or agreement civil penalties, money damages, and injunc- ‘‘(9) LIMITATIONS.— to pay, anything of pecuniary value; or tive or other equitable relief. ‘‘(A) IN GENERAL.—Any common carrier or ‘‘(ii) for the purpose of assisting a delivery ‘‘(B) SOVEREIGN IMMUNITY.—Nothing in this other person making a delivery subject to seller to violate, or otherwise evading com- Act shall be deemed to abrogate or con- this subsection shall not be required or oth- pliance with, section 2A. stitute a waiver of any sovereign immunity erwise obligated to— ‘‘(b) CIVIL PENALTIES.— of a State or local government or Indian ‘‘(i) determine whether any list distributed ‘‘(1) IN GENERAL.—Except as provided in tribe against any unconsented lawsuit under or made available under paragraph (1) is paragraph (3), whoever violates this Act this Act, or otherwise to restrict, expand, or complete, accurate, or up-to-date; shall be subject to a civil penalty in an modify any sovereign immunity of a State or ‘‘(ii) determine whether a person ordering amount not to exceed— local government or Indian tribe. a delivery is in compliance with this Act; or ‘‘(A) in the case of a delivery seller, the ‘‘(2) PROVISION OF INFORMATION.—A State, ‘‘(iii) open or inspect, pursuant to this Act, greater of— through its attorney general, or a local gov- any package being delivered to determine its ‘‘(i) $5,000 in the case of the first violation, ernment or Indian tribe that levies a tax contents. or $10,000 for any other violation; or subject to section 2A(a)(3), through its chief ‘‘(B) ALTERNATE NAMES.—Any common car- ‘‘(ii) for any violation, 2 percent of the law enforcement officer, may provide evi- rier or other person making a delivery sub- gross sales of cigarettes or smokeless to- dence of a violation of this Act by any per- ject to this subsection— bacco of the delivery seller during the 1-year son not subject to State, local, or tribal gov- ‘‘(i) shall not be required to make any in- period ending on the date of the violation. ernment enforcement actions for violations quiries or otherwise determine whether a ‘‘(B) in the case of a common carrier or of this Act to the Attorney General of the person ordering a delivery is a delivery seller other delivery service, $2,500 in the case of a United States or a United States attorney, on the list described in paragraph (1)(A) who first violation, or $5,000 for any violation who shall take appropriate actions to en- is using a different name or address in order within 1 year of a prior violation. force this Act. to evade the related delivery restrictions; ‘‘(2) RELATION TO OTHER PENALTIES.—A civil ‘‘(3) USE OF PENALTIES COLLECTED.— and penalty imposed under paragraph (1) for a ‘‘(A) IN GENERAL.—There is established a ‘‘(ii) shall not knowingly deliver any pack- violation of this Act shall be imposed in ad- separate account in the Treasury known as ages to consumers for any delivery seller on dition to any criminal penalty under sub- the ‘PACT Anti-Trafficking Fund’. Notwith- the list described in paragraph (1)(A) who the section (a) and any other damages, equitable standing any other provision of law and sub- common carrier or other delivery service relief, or injunctive relief awarded by the ject to subparagraph (B), an amount equal to knows is a delivery seller who is on the list court, including the payment of any unpaid 50 percent of any criminal and civil penalties and is using a different name or address to taxes to the appropriate Federal, State, collected by the Federal Government in en- evade the delivery restrictions of paragraph local, or tribal governments. forcing this Act shall be transferred into the (2). ‘‘(3) EXCEPTIONS.— PACT Anti-Trafficking Fund and shall be ‘‘(C) PENALTIES.—Any common carrier or ‘‘(A) DELIVERY VIOLATIONS.—An employee available to the Attorney General of the person in the business of delivering packages of a common carrier or independent delivery United States for purposes of enforcing this on behalf of other persons shall not be sub- service shall be subject to civil penalties Act and other laws relating to contraband ject to any penalty under section 14101(a) of under paragraph (1) for a violation of section tobacco products. title 49, United States Code, or any other 2A(e) only if the violation is committed in- ‘‘(B) ALLOCATION OF FUNDS.—Of the amount provision of law for— tentionally— available to the Attorney General of the ‘‘(i) not making any specific delivery, or ‘‘(i) as consideration for the receipt of, or United States under subparagraph (A), not any deliveries at all, on behalf of any person as consideration for a promise or agreement less than 50 percent shall be made available on the list described in paragraph (1)(A); to pay, anything of pecuniary value; or only to the agencies and offices within the ‘‘(ii) refusing, as a matter of regular prac- ‘‘(ii) for the purpose of assisting a delivery Department of Justice that were responsible tice and procedure, to make any deliveries, seller to violate, or otherwise evading com- for the enforcement actions in which the or any deliveries in certain States, of any pliance with, section 2A. penalties concerned were imposed or for any cigarettes or smokeless tobacco for any per- ‘‘(B) OTHER LIMITATIONS.—No common car- underlying investigations. son or for any person not in the business of rier or independent delivery service shall be ‘‘(4) NONEXCLUSIVITY OF REMEDY.— manufacturing, distributing, or selling ciga- subject to civil penalties under paragraph (1) ‘‘(A) IN GENERAL.—The remedies available rettes or smokeless tobacco; or for a violation of section 2A(e) if— under this section and section 3 are in addi- ‘‘(iii) delaying or not making a delivery for ‘‘(i) the common carrier or independent de- tion to any other remedies available under any person because of reasonable efforts to livery service has implemented and enforces Federal, State, local, tribal, or other law. comply with this Act. effective policies and practices for complying ‘‘(B) STATE COURT PROCEEDINGS.—Nothing ‘‘(D) OTHER LIMITS.—Section 2 and sub- with that section; or in this Act shall be construed to expand, re- sections (a), (b), (c), and (d) of this section ‘‘(ii) the violation consists of an employee strict, or otherwise modify any right of an shall not be interpreted to impose any re- of the common carrier or independent deliv- authorized State official to proceed in State sponsibilities, requirements, or liability on ery service who physically receives and proc- court, or take other enforcement actions, on common carriers. esses orders, picks up packages, processes the basis of an alleged violation of State or other law. ‘‘(f) PRESUMPTION.—For purposes of this packages, or makes deliveries, taking ac- ‘‘(C) TRIBAL COURT PROCEEDINGS.—Nothing Act, a delivery sale shall be deemed to have tions that are outside the scope of employment of the employee, or that violate the in this Act shall be construed to expand, re- occurred in the State and place where the strict, or otherwise modify any right of an buyer obtains personal possession of the implemented and enforced policies of the common carrier or independent delivery authorized Indian tribal government official cigarettes or smokeless tobacco, and a deliv- to proceed in tribal court, or take other en- ery pursuant to a delivery sale is deemed to service described in clause (i).’’. (e) ENFORCEMENT.—The Jenkins Act is forcement actions, on the basis of an alleged have been initiated or ordered by the deliv- violation of tribal law. ery seller.’’. amended by striking section 4 and inserting the following: ‘‘(D) LOCAL GOVERNMENT ENFORCEMENT.— (d) PENALTIES.—The Jenkins Act is amend- Nothing in this Act shall be construed to ex- ‘‘SEC. 4. ENFORCEMENT. ed by striking section 3 and inserting the fol- pand, restrict, or otherwise modify any right lowing: ‘‘(a) IN GENERAL.—The United States dis- of an authorized local government official to trict courts shall have jurisdiction to pre- ‘‘SEC. 3. PENALTIES. proceed in State court, or take other en- vent and restrain violations of this Act and forcement actions, on the basis of an alleged ‘‘(a) CRIMINAL PENALTIES.— to provide other appropriate injunctive or violation of local or other law. ‘‘(1) IN GENERAL.—Except as provided in equitable relief, including money damages, ‘‘(d) PERSONS DEALING IN TOBACCO PROD- paragraph (2), whoever knowingly violates for the violations. UCTS.—Any person who holds a permit under this Act shall be imprisoned for not more ‘‘(b) AUTHORITY OF THE ATTORNEY GEN- section 5712 of the Internal Revenue Code of than 3 years, fined under title 18, United ERAL.—The Attorney General of the United 1986 (regarding permitting of manufacturers States Code, or both. States shall administer and enforce this Act. and importers of tobacco products and ex- ‘‘(2) EXCEPTIONS.— ‘‘(c) STATE, LOCAL, AND TRIBAL ENFORCE- port warehouse proprietors) may bring an ac- ‘‘(A) GOVERNMENTS.—Paragraph (1) shall MENT.— tion in an appropriate United States district not apply to a State, local, or tribal govern- ‘‘(1) IN GENERAL.— court to prevent and restrain violations of ment. ‘‘(A) STANDING.—A State, through its at- this Act by any person other than a State, ‘‘(B) DELIVERY VIOLATIONS.—A common torney general, or a local government or In- local, or tribal government. carrier or independent delivery service, or dian tribe that levies a tax subject to section ‘‘(e) NOTICE.— employee of a common carrier or inde- 2A(a)(3), through its chief law enforcement ‘‘(1) PERSONS DEALING IN TOBACCO PROD- pendent delivery service, shall be subject to officer, may bring an action in a United UCTS.—Any person who commences a civil criminal penalties under paragraph (1) for a States district court to prevent and restrain action under subsection (d) shall inform the violation of section 2A(e) only if the viola- violations of this Act by any person or to ob- Attorney General of the United States of the tion is committed knowingly— tain any other appropriate relief from any action.

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‘‘(2) STATE, LOCAL, AND TRIBAL ACTIONS.—It which shall establish the standards and re- ‘‘(III) that any package mailed under this is the sense of Congress that the attorney quirements that apply to all mailings de- paragraph shall weigh not more than 10 general of any State, or chief law enforce- scribed in subparagraph (A). ounces; ment officer of any locality or tribe, that ‘‘(ii) CONTENTS.—The final rule issued ‘‘(IV) that any mailing described in sub- commences a civil action under this section under clause (i) shall require— paragraph (A) shall be sent through the sys- should inform the Attorney General of the ‘‘(I) the United States Postal Service to tems of the United States Postal Service United States of the action. verify that any person submitting an other- that provide for the tracking and confirma- ‘‘(f) PUBLIC NOTICE.— wise nonmailable tobacco product into the tion of the delivery; ‘‘(1) IN GENERAL.—The Attorney General of mails as authorized under this paragraph is a ‘‘(V) that a mailing described in subpara- the United States shall make available to business or government agency permitted to graph (A) shall not be delivered or placed in the public, by posting information on the make a mailing under this paragraph; the possession of any individual who has not Internet and by other appropriate means, in- ‘‘(II) the United States Postal Service to been verified as not being a minor; formation regarding all enforcement actions ensure that any recipient of an otherwise ‘‘(VI) for a mailing described in subpara- brought by the United States, or reported to nonmailable tobacco product sent through graph (A) to an individual, that the United the Attorney General of the United States, the mails under this paragraph is a business States Postal Service shall deliver the pack- under this section, including information re- or government agency that may lawfully re- age only to a recipient who is verified not to garding the resolution of the enforcement ceive the product; be a minor at the recipient address or transactions and how the Attorney General of the ‘‘(III) that any mailing described in sub- fer it for delivery to an Air/Army Postal Of- United States has responded to referrals of paragraph (A) shall be sent through the sys- fice or Fleet Postal Office number designated evidence of violations pursuant to subsection tems of the United States Postal Service in the recipient address; and (c)(2). that provide for the tracking and confirma- ‘‘(VII) that no person may initiate more ‘‘(2) REPORTS TO CONGRESS.—Not later than tion of the delivery; than 10 mailings described in subparagraph 1 year after the date of enactment of the ‘‘(IV) that the identity of the business or (A) during any 30-day period. Prevent All Cigarette Trafficking Act of government entity submitting the mailing ‘‘(C) DEFINITION.—In this paragraph, the 2009, and every year thereafter until the date containing otherwise nonmailable tobacco term ‘minor’ means an individual who is less that is 5 years after such date of enactment, products for delivery and the identity of the than the minimum age required for the legal the Attorney General of the United States business or government entity receiving the sale or purchase of tobacco products as de- shall submit to Congress a report containing mailing are clearly set forth on the package; termined by applicable law at the place the the information described in paragraph (1).’’. ‘‘(V) the United States Postal Service to individual is located. maintain identifying information described ‘‘(5) EXCEPTION FOR MAILINGS FOR CONSUMER SEC. 3. TREATMENT OF CIGARETTES AND SMOKE- LESS TOBACCO AS NONMAILABLE in subclause (IV) during the 3-year period be- TESTING BY MANUFACTURERS.— MATTER. ginning on the date of the mailing and make ‘‘(A) IN GENERAL.—Subject to subparagraph (a) IN GENERAL.—Chapter 83 of title 18, the information available to the Postal Serv- (B), subsection (a) shall not preclude a le- United States Code, is amended by inserting ice, the Attorney General of the United gally operating cigarette manufacturer or a after section 1716D the following: States, and to persons eligible to bring en- legally authorized agent of a legally oper- forcement actions under section 3(d) of the ating cigarette manufacturer from using the ‘‘§ 1716E. Tobacco products as nonmailable Prevent All Cigarette Trafficking Act of United States Postal Service to mail ciga- ‘‘(a) PROHIBITION.— 2009; rettes to verified adult smoker solely for ‘‘(1) IN GENERAL.—All cigarettes and ‘‘(VI) that any mailing described in sub- consumer testing purposes, if— smokeless tobacco (as those terms are de- paragraph (A) be marked with a United ‘‘(i) the cigarette manufacturer has a per- fined in section 1 of the Act of October 19, States Postal Service label or marking that mit, in good standing, issued under section 1949, commonly referred to as the Jenkins makes it clear to employees of the United 5713 of the Internal Revenue Code of 1986; Act) are nonmailable and shall not be depos- States Postal Service that it is a permitted ‘‘(ii) the package of cigarettes mailed ited in or carried through the mails. The mailing of otherwise nonmailable tobacco under this paragraph contains not more than United States Postal Service shall not ac- products that may be delivered only to a per- 12 packs of cigarettes (240 cigarettes); cept for delivery or transmit through the mitted government agency or business and ‘‘(iii) the recipient does not receive more mails any package that it knows or has rea- may not be delivered to any residence or in- than 1 package of cigarettes from any 1 ciga- sonable cause to believe contains any ciga- dividual person; and rette manufacturer under this paragraph rettes or smokeless tobacco made non- ‘‘(VII) that any mailing described in sub- during any 30-day period; mailable by this paragraph. paragraph (A) be delivered only to a verified ‘‘(iv) all taxes on the cigarettes mailed ‘‘(2) REASONABLE CAUSE.—For the purposes employee of the recipient business or govern- under this paragraph levied by the State and of this subsection reasonable cause in- ment agency, who is not a minor and who locality of delivery are paid to the State and cludes— shall be required to sign for the mailing. locality before delivery, and tax stamps or ‘‘(A) a statement on a publicly available ‘‘(C) DEFINITION.—In this paragraph, the other tax-payment indicia are affixed to the website, or an advertisement, by any person term ‘minor’ means an individual who is less cigarettes as required by law; and that the person will mail matter which is than the minimum age required for the legal ‘‘(v)(I) the recipient has not made any pay- nonmailable under this section in return for sale or purchase of tobacco products as de- ments of any kind in exchange for receiving payment; or termined by applicable law at the place the the cigarettes; ‘‘(B) the fact that the person is on the list individual is located. ‘‘(II) the recipient is paid a fee by the man- created under section 2A(e) of the Jenkins ‘‘(4) CERTAIN INDIVIDUALS.— ufacturer or agent of the manufacturer for Act. ‘‘(A) IN GENERAL.—Subsection (a) shall not participation in consumer product tests; and ‘‘(b) EXCEPTIONS.— apply to tobacco products mailed by individ- ‘‘(III) the recipient, in connection with the ‘‘(1) CIGARS.—Subsection (a) shall not uals who are not minors for noncommercial tests, evaluates the cigarettes and provides apply to cigars (as defined in section 5702(a) purposes, including the return of a damaged feedback to the manufacturer or agent. of the Internal Revenue Code of 1986). or unacceptable tobacco product to the man- ‘‘(B) LIMITATIONS.—Subparagraph (A) shall ‘‘(2) GEOGRAPHIC EXCEPTION.—Subsection ufacturer. not— (a) shall not apply to mailings within the ‘‘(B) RULES.— ‘‘(i) permit a mailing of cigarettes to an in- State of Alaska or within the State of Ha- ‘‘(i) IN GENERAL.—Not later than 180 days dividual located in any State that prohibits waii. after the date of enactment of the Prevent the delivery or shipment of cigarettes to in- ‘‘(3) BUSINESS PURPOSES.— All Cigarette Trafficking Act of 2009, the dividuals in the State, or preempt, limit, or ‘‘(A) IN GENERAL.—Subsection (a) shall not Postmaster General shall issue a final rule otherwise affect any related State laws; or apply to tobacco products mailed only— which shall establish the standards and re- ‘‘(ii) permit a manufacturer, directly or ‘‘(i) for business purposes between legally quirements that apply to all mailings de- through a legally authorized agent, to mail operating businesses that have all applicable scribed in subparagraph (A). cigarettes in any calendar year in a total State and Federal Government licenses or ‘‘(ii) CONTENTS.—The final rule issued amount greater than 1 percent of the total permits and are engaged in tobacco product under clause (i) shall require— cigarette sales of the manufacturer in the manufacturing, distribution, wholesale, ex- ‘‘(I) the United States Postal Service to United States during the calendar year be- port, import, testing, investigation, or re- verify that any person submitting an other- fore the date of the mailing. search; or wise nonmailable tobacco product into the ‘‘(C) RULES.— ‘‘(ii) for regulatory purposes between any mails as authorized under this paragraph is ‘‘(i) IN GENERAL.—Not later than 180 days business described in clause (i) and an agen- the individual identified on the return ad- after the date of enactment of the Prevent cy of the Federal Government or a State dress label of the package and is not a minor; All Cigarette Trafficking Act of 2009, the government. ‘‘(II) for a mailing to an individual, the Postmaster General shall issue a final rule ‘‘(B) RULES.— United States Postal Service to require the which shall establish the standards and re- ‘‘(i) IN GENERAL.—Not later than 180 days person submitting the otherwise non- quirements that apply to all mailings de- after the date of enactment of the Prevent mailable tobacco product into the mails as scribed in subparagraph (A). All Cigarette Trafficking Act of 2009, the authorized by this paragraph to affirm that ‘‘(ii) CONTENTS.—The final rule issued Postmaster General shall issue a final rule the recipient is not a minor; under clause (i) shall require—

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5859 ‘‘(I) the United States Postal Service to and forfeiture, pursuant to the procedures of an alleged violation of State, local, tribal, verify that any person submitting a tobacco set forth in chapter 46 of this title. Any to- or other law. product into the mails under this paragraph bacco products seized and forfeited under ‘‘(5) OTHER ENFORCEMENT ACTIONS.—Noth- is a legally operating cigarette manufacturer this subsection shall be destroyed or re- ing in this subsection shall be construed to permitted to make a mailing under this tained by the Federal Government for the prohibit an authorized State official from paragraph, or an agent legally authorized by detection or prosecution of crimes or related proceeding in State court on the basis of an the legally operating cigarette manufacturer investigations and then destroyed. alleged violation of any general civil or to submit the tobacco product into the mails ‘‘(d) ADDITIONAL PENALTIES.—In addition criminal statute of the State. on behalf of the manufacturer; to any other fines and penalties under this ‘‘(i) DEFINITION.—In this section, the term ‘‘(II) the legally operating cigarette manu- title for violations of this section, any per- ‘State’ has the meaning given that term in facturer submitting the cigarettes into the son violating this section shall be subject to section 1716(k).’’. mails under this paragraph to affirm that— an additional civil penalty in the amount (b) CLERICAL AMENDMENT.—The table of ‘‘(aa) the manufacturer or the legally au- equal to 10 times the retail value of the non- sections for chapter 83 of title 18 is amended thorized agent of the manufacturer has mailable cigarettes or smokeless tobacco, in- by inserting after the item relating to sec- verified that the recipient is an adult estab- cluding all Federal, State, and local taxes. tion 1716D the following: lished smoker; ‘‘(e) CRIMINAL PENALTY.—Whoever know- ‘‘1716E. Tobacco products as nonmailable.’’. ‘‘(bb) the recipient has not made any pay- ingly deposits for mailing or delivery, or SEC. 4. COMPLIANCE WITH MODEL STATUTE OR ment for the cigarettes; knowingly causes to be delivered by mail, QUALIFYING STATUTE. ‘‘(cc) the recipient has signed a written according to the direction thereon, or at any (a) IN GENERAL.—A Tobacco Product Manu- statement that is in effect indicating that place at which it is directed to be delivered facturer or importer may not sell in, deliver the recipient wishes to receive the mailings; by the person to whom it is addressed, any- to, or place for delivery sale, or cause to be and thing that is nonmailable matter under this sold in, delivered to, or placed for delivery ‘‘(dd) the manufacturer or the legally au- section shall be fined under this title, im- sale in a State that is a party to the Master thorized agent of the manufacturer has of- prisoned not more than 1 year, or both. Settlement Agreement, any cigarette manu- fered the opportunity for the recipient to ‘‘(f) USE OF PENALTIES.—There is estab- factured by a Tobacco Product Manufacturer withdraw the written statement described in lished a separate account in the Treasury, to that is not in full compliance with the terms item (cc) not less frequently than once in be known as the ‘PACT Postal Service of the Model Statute or Qualifying Statute every 3-month period; Fund’. Notwithstanding any other provision enacted by the State requiring funds to be ‘‘(III) the legally operating cigarette man- of law, an amount equal to 50 percent of any placed into a qualified escrow account under ufacturer or the legally authorized agent of criminal fines, civil penalties, or other mon- specified conditions, and with any regula- the manufacturer submitting the cigarettes etary penalties collected by the Federal Gov- tions promulgated pursuant to the statute. into the mails under this paragraph to affirm ernment in enforcing this section shall be (b) JURISDICTION TO PREVENT AND RESTRAIN that any package mailed under this para- transferred into the PACT Postal Service VIOLATIONS.— graph contains not more than 12 packs of Fund and shall be available to the Post- (1) IN GENERAL.—The United States district cigarettes (240 cigarettes) on which all taxes master General for the purpose of enforcing courts shall have jurisdiction to prevent and levied on the cigarettes by the State and lo- this subsection. restrain violations of subsection (a) in ac- cality of delivery have been paid and all re- ‘‘(g) COORDINATION OF EFFORTS.—The Post- cordance with this subsection. lated State tax stamps or other tax-payment master General shall cooperate and coordi- (2) INITIATION OF ACTION.—A State, through indicia have been applied; nate efforts to enforce this section with re- its attorney general, may bring an action in ‘‘(IV) that any mailing described in sub- lated enforcement activities of any other an appropriate United States district court paragraph (A) shall be sent through the sys- Federal agency or agency of any State, local, to prevent and restrain violations of sub- tems of the United States Postal Service or tribal government, whenever appropriate. section (a) by any person. that provide for the tracking and confirma- ‘‘(h) ACTIONS BY STATE, LOCAL, OR TRIBAL (3) ATTORNEY FEES.—In any action under tion of the delivery; GOVERNMENTS RELATING TO CERTAIN TOBACCO paragraph (2), a State, through its attorney ‘‘(V) the United States Postal Service to PRODUCTS.— general, shall be entitled to reasonable at- maintain records relating to a mailing de- ‘‘(1) IN GENERAL.—A State, through its attorney fees from a person found to have scribed in subparagraph (A) during the 3-year torney general, or a local government or In- knowingly violated subsection (a). period beginning on the date of the mailing dian tribe that levies an excise tax on to- (4) NONEXCLUSIVITY OF REMEDIES.—The and make the information available to per- bacco products, through its chief law en- remedy available under paragraph (2) is in sons enforcing this section; forcement officer, may in a civil action in a addition to any other remedies available ‘‘(VI) that any mailing described in sub- United States district court obtain appro- under Federal, State, or other law. No provi- paragraph (A) be marked with a United priate relief with respect to a violation of sion of this Act or any other Federal law States Postal Service label or marking that this section. Appropriate relief includes in- shall be held or construed to prohibit or pre- makes it clear to employees of the United junctive and equitable relief and damages empt the Master Settlement Agreement, the States Postal Service that it is a permitted equal to the amount of unpaid taxes on to- Model Statute (as defined in the Master Set- mailing of otherwise nonmailable tobacco bacco products mailed in violation of this tlement Agreement), any legislation amend- products that may be delivered only to the section to addressees in that State, locality, ing or complementary to the Model Statute named recipient after verifying that the re- or tribal land. in effect as of June 1, 2006, or any legislation cipient is an adult; and ‘‘(2) SOVEREIGN IMMUNITY.—Nothing in this substantially similar to such existing, ‘‘(VII) the United States Postal Service subsection shall be deemed to abrogate or amending, or complementary legislation en- shall deliver a mailing described in subpara- constitute a waiver of any sovereign immu- acted after the date of enactment of this graph (A) only to the named recipient and nity of a State or local government or Indian Act. only after verifying that the recipient is an tribe against any unconsented lawsuit under (5) OTHER ENFORCEMENT ACTIONS.—Nothing adult. paragraph (1), or otherwise to restrict, ex- in this subsection shall be construed to pro- ‘‘(D) DEFINITIONS.—In this paragraph— pand, or modify any sovereign immunity of a hibit an authorized State official from pro- ‘‘(i) the term ‘adult’ means an individual State or local government or Indian tribe. ceeding in State court or taking other en- who is not less than 21 years of age; and ‘‘(3) ATTORNEY GENERAL REFERRAL.—A forcement actions on the basis of an alleged ‘‘(ii) the term ‘consumer testing’ means State, through its attorney general, or a violation of State or other law. testing limited to formal data collection and local government or Indian tribe that levies (6) AUTHORITY OF THE ATTORNEY GENERAL.— analysis for the specific purpose of evalu- an excise tax on tobacco products, through The Attorney General of the United States ating the product for quality assurance and its chief law enforcement officer, may pro- may bring an action in an appropriate benchmarking purposes of cigarette brands vide evidence of a violation of this section United States district court to prevent and or sub-brands among existing adult smokers. for commercial purposes by any person not restrain violations of subsection (a) by any ‘‘(6) FEDERAL GOVERNMENT AGENCIES.—An subject to State, local, or tribal government person. agency of the Federal Government involved enforcement actions for violations of this (c) DEFINITIONS.—In this section the fol- in the consumer testing of tobacco products section to the Attorney General of the lowing definitions apply: solely for public health purposes may mail United States, who shall take appropriate (1) DELIVERY SALE.—The term ‘‘delivery cigarettes under the same requirements, re- actions to enforce this section. sale’’ means any sale of cigarettes or smoke- strictions, and rules and procedures that ‘‘(4) NONEXCLUSIVITY OF REMEDIES.—The less tobacco to a consumer if— apply to consumer testing mailings of ciga- remedies available under this subsection are (A) the consumer submits the order for the rettes by manufacturers under paragraph (5), in addition to any other remedies available sale by means of a telephone or other meth- except that the agency shall not be required under Federal, State, local, tribal, or other od of voice transmission, the mails, or the to pay the recipients for participating in the law. Nothing in this subsection shall be con- Internet or other online service, or the seller consumer testing. strued to expand, restrict, or otherwise mod- is otherwise not in the physical presence of ‘‘(c) SEIZURE AND FORFEITURE.—Any ciga- ify any right of an authorized State, local, or the buyer when the request for purchase or rettes or smokeless tobacco made non- tribal government official to proceed in a order is made; or mailable by this subsection that are depos- State, tribal, or other appropriate court, or (B) the cigarettes or smokeless tobacco are ited in the mails shall be subject to seizure take other enforcement actions, on the basis delivered to the buyer by common carrier,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5860 CONGRESSIONAL RECORD — SENATE May 21, 2009 private delivery service, or other method of ties, on State, local, and tribal tax and regu- carry out subsection (a) $8,500,000 for each of remote delivery, or the seller is not in the latory authority with respect to the sale, fiscal years 2010 through 2014. physical presence of the buyer when the use, or distribution of cigarettes and smoke- SEC. 8. EFFECTIVE DATE. buyer obtains possession of the cigarettes or less tobacco by or to Indian tribes, tribal (a) IN GENERAL.—Except as provided in smokeless tobacco. members, tribal enterprises, or in Indian subsection (b), this Act shall take effect on (2) IMPORTER.—The term ‘‘importer’’ means country; the date that is 90 days after the date of en- each of the following: (4) any Federal law, including Federal actment of this Act. (A) SHIPPING OR CONSIGNING.—Any person common law and treaties, regarding State (b) BATFE AUTHORITY.—The amendments in the United States to whom nontaxpaid to- jurisdiction, or lack thereof, over any tribe, made by section 5 shall take effect on the bacco products manufactured in a foreign tribal members, tribal enterprises, tribal res- date of enactment of this Act. country, Puerto Rico, the Virgin Islands, or ervations, or other lands held by the United SEC. 9. SEVERABILITY. a possession of the United States are shipped States in trust for one or more Indian tribes; If any provision of this Act, or any amend- or consigned. or ment made by this Act, or the application (B) MANUFACTURING WAREHOUSES.—Any (5) any State or local government author- thereof to any person or circumstance, is person who removes cigars or cigarettes for ity to bring enforcement actions against per- held invalid, the remainder of the Act and sale or consumption in the United States sons located in Indian country. the application of the Act to any other per- from a customs-bonded manufacturing ware- (b) COORDINATION OF LAW ENFORCEMENT.— son or circumstance shall not be affected house. Nothing in this Act or the amendments made thereby. (C) UNLAWFUL IMPORTING.—Any person who by this Act shall be construed to inhibit or SEC. 10. SENSE OF CONGRESS CONCERNING THE smuggles or otherwise unlawfully brings to- otherwise affect any coordinated law en- PRECEDENTIAL EFFECT OF THIS bacco products into the United States. forcement effort by 1 or more States or other ACT. jurisdictions, including Indian tribes, It is the sense of Congress that unique (3) MASTER SETTLEMENT AGREEMENT.—The harms are associated with online cigarette term ‘‘Master Settlement Agreement’’ through interstate compact or otherwise, that— sales, including problems with verifying the means the agreement executed November 23, (1) provides for the administration of to- ages of consumers in the digital market and 1998, between the attorneys general of 46 bacco product laws or laws pertaining to the long-term health problems associated States, the District of Columbia, the Com- interstate sales or other sales of tobacco with the use of certain tobacco products. monwealth of Puerto Rico, and 4 territories products; This Act was enacted recognizing the long- of the United States and certain tobacco (2) provides for the seizure of tobacco prod- standing interest of Congress in urging com- manufacturers. ucts or other property related to a violation pliance with States’ laws regulating remote (4) MODEL STATUTE; QUALIFYING STATUTE.— of such laws; or sales of certain tobacco products to citizens The terms ‘‘Model Statute’’ and ‘‘Qualifying (3) establishes cooperative programs for of those States, including the passage of the Statute’’ means a statute as defined in sec- the administration of such laws. Jenkins Act over 50 years ago, which estab- tion IX(d)(2)(e) of the Master Settlement (c) TREATMENT OF STATE AND LOCAL GOV- lished reporting requirements for out-of- Agreement. ERNMENTS.—Nothing in this Act or the State companies that sell certain tobacco (5) TOBACCO PRODUCT MANUFACTURER.—The amendments made by this Act shall be con- products to citizens of the taxing States, and term ‘‘Tobacco Product Manufacturer’’ has strued to authorize, deputize, or commission which gave authority to the Department of the meaning given that term in section States or local governments as instrumen- Justice and the Bureau of Alcohol, Tobacco, II(uu) of the Master Settlement Agreement. talities of the United States. Firearms, and Explosives to enforce the Jen- SEC. 5. INSPECTION BY BUREAU OF ALCOHOL, (d) ENFORCEMENT WITHIN INDIAN COUN- kins Act. In light of the unique harms and TOBACCO, FIREARMS, AND EXPLO- TRY.—Nothing in this Act or the amend- circumstances surrounding the online sale of SIVES OF RECORDS OF CERTAIN ments made by this Act shall prohibit, limit, CIGARETTE AND SMOKELESS TO- certain tobacco products, this Act is in- or restrict enforcement by the Attorney tended to help collect cigarette excise taxes, BACCO SELLERS; CIVIL PENALTY. General of the United States of this Act or Section 2343(c) of title 18, United States to stop tobacco sales to underage youth, and an amendment made by this Act within In- to help the States enforce their laws that Code, is amended to read as follows: dian country. ‘‘(c)(1) Any officer of the Bureau of Alco- target the online sales of certain tobacco (e) AMBIGUITY.—Any ambiguity between hol, Tobacco, Firearms, and Explosives may, products only. This Act is in no way meant the language of this section or its applica- to create a precedent regarding the collec- during normal business hours, enter the tion and any other provision of this Act shall premises of any person described in sub- tion of State sales or use taxes by, or the va- be resolved in favor of this section. lidity of efforts to impose other types of section (a) or (b) for the purposes of inspect- (f) DEFINITIONS.—In this section— taxes on, out-of-State entities that do not ing— (1) the term ‘‘Indian country’’ has the have a physical presence within the taxing ‘‘(A) any records or information required meaning given that term in section 1 of the State. to be maintained by the person under this Jenkins Act, as amended by this Act; and chapter; or (2) the term ‘‘tribal enterprise’’ means any By Mr. GRASSLEY (for himself, ‘‘(B) any cigarettes or smokeless tobacco business enterprise, regardless of whether in- kept or stored by the person at the premises. corporated or unincorporated under Federal Mrs. MCCASKILL, Mr. BOND, and ‘‘(2) The district courts of the United or tribal law, of an Indian tribe or group of Mr. THUNE): States shall have the authority in a civil ac- Indian tribes. S. 1148. A bill to amend the Clean Air tion under this subsection to compel inspec- SEC. 7. ENHANCED CONTRABAND TOBACCO EN- Act to modify a provision relating to tions authorized by paragraph (1). FORCEMENT. the renewable fuel program; to the ‘‘(3) Whoever denies access to an officer (a) REQUIREMENTS.—The Director of the Committee on Environment and Public under paragraph (1), or who fails to comply Bureau of Alcohol, Tobacco, Firearms, and Works. with an order issued under paragraph (2), Explosives shall— Mr. GRASSLEY. Mr. President, I am shall be subject to a civil penalty in an (1) not later than the end of the 3-year pe- amount not to exceed $10,000.’’. riod beginning on the effective date of this pleased to be joined today in intro- SEC. 6. EXCLUSIONS REGARDING INDIAN TRIBES Act, create a regional contraband tobacco ducing commonsense legislation with AND TRIBAL MATTERS. trafficking team in each of New York, New Senators MCCASKILL and BOND. The Re- (a) IN GENERAL.—Nothing in this Act or York, the District of Columbia, Detroit, newable Fuel Standard Improvement the amendments made by this Act shall be Michigan, Los Angeles, California, Seattle, Act, seeks to improve a number of pro- construed to amend, modify, or otherwise af- Washington, and Miami, Florida; visions included in the expanded Re- fect— (2) create a Tobacco Intelligence Center to newable Fuels Standard that was en- (1) any agreements, compacts, or other oversee investigations and monitor and co- acted in the Energy Independence and intergovernmental arrangements between ordinate ongoing investigations and to serve any State or local government and any gov- Security Act of 2007, EISA. as the coordinator for all ongoing tobacco di- Just a week ago, the Chairman of the ernment of an Indian tribe (as that term is version investigations within the Bureau of defined in section 4(e) of the Indian Self-De- Alcohol, Tobacco, Firearms, and Explosives, House Agriculture Committee, Rep- termination and Education Assistance Act in the United States and, where applicable, resentative COLLIN PETERSON, intro- (25 U.S.C. 450b(e)) relating to the collection with law enforcement organizations around duced this legislation in the House of of taxes on cigarettes or smokeless tobacco the world; Representatives. It now has more than sold in Indian country; (3) establish a covert national warehouse 44 bipartisan cosponsors. Because (2) any State laws that authorize or other- for undercover operations; and Chairman PETERSON crafted such wise pertain to any such intergovernmental (4) create a computer database that will thoughtful modifications to the Renew- arrangements or create special rules or pro- track and analyze information from retail cedures for the collection of State, local, or able Fuel Standard, I want to give my sellers of tobacco products that sell through Senate colleagues an opportunity to tribal taxes on cigarettes or smokeless to- the Internet or by mail order or make other bacco sold in Indian country; non-face-to-face sales. consider the bill. So, today I am intro- (3) any limitations under Federal or State (b) AUTHORIZATION OF APPROPRIATIONS.— ducing companion legislation in the law, including Federal common law and trea- There is authorized to be appropriated to Senate.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5861 A component of the new Renewable plan, the insurance company no longer policies. The beneficiaries affected by Fuels Standard was a requirement that pays for the medical costs incurred by these limits have paid their premiums, various biofuels meet specified life- that individual. deductibles, and copays faithfully, only cycle greenhouse gas emission reduc- In April, I held a roundtable discus- to lose access to life-saving treatment tion targets. The law specified that sion on health care in Raleigh County. when they need care the most. This is lifecycle greenhouse gas emissions are There, I met a woman who had unacceptable and I encourage my col- to include direct emissions and signifi- myelodysplastic syndrome, which is a leagues to join me in supporting the cant indirect emissions from indirect non-curable pre-leukemia type disease. Annual and Lifetime Health Care land use changes. In the Notice of Pro- Unfortunately, her husband’s insurance Limit Elimination Act. posed Rulemaking released by the En- policy had a lifetime limit of $300,000, Mr. President, I ask unanimous con- vironmental Protection Agency earlier which she had reached. Another young sent that the text of the bill be printed this month, the EPA relies on incom- West Virginian, born with serious con- in the RECORD. plete science and inaccurate assump- genital heart defects, reached the $1 There being no objection, the text of tions to penalize U.S. biofuels for so- million limit on his mother’s insurance the bill was ordered to be printed in called ‘‘indirect land use changes.’’ So, policy within the first nine months of the RECORD, as follows: this bill ensures that the greenhouse his life. The limits on their health in- S. 1149 gas calculations are based on proven surance plans have left these families Be it enacted by the Senate and House of Rep- science by removing the requirement struggling to find a way to pay for the resentatives of the United States of America in to include indirect land use changes. expensive and life-sustaining treat- Congress assembled, The bill also includes a number of ments their loved ones desperately SECTION 1. SHORT TITLE. other commonsense fixes to the ex- need. This Act may be cited as the ‘‘Annual and panded Renewable Fuels Standard. Unfortunately, these two West Vir- Lifetime Health Care Limit Elimination Act of 2009’’. Under EISA, the life-cycle greenhouse ginia families are not alone. In 2007, it was estimated that 55 percent of all SEC. 2. AMENDMENTS TO THE EMPLOYEE RE- gas reduction requirements do not TIREMENT INCOME SECURITY ACT apply to corn ethanol plants that were people who obtain health benefits from OF 1974. in operation or under construction their employer have some type of life- (a) IN GENERAL.—Subpart B of part 7 of prior to the date of enactment. This time limit on their plan, an increase of subtitle B of title I of the Employee Retire- grandfather provision does not apply to approximately 4 percent since 2004. ment Income Security Act of 1974 (29 U.S.C. biodiesel facilities, however. The legis- More than 23 percent of people have 1185 et seq.) is amended by adding at the end the following: lation I am introducing today would health insurance plans that impose limits of $2 million or less. Also, some ‘‘SEC. 715. ELIMINATION OF ANNUAL OR LIFE- extend the same grandfathered treat- TIME AGGREGATE LIMITS. ment to biodiesel facilities. health insurance policies renew less ‘‘(a) IN GENERAL.—A group health plan and Finally, the bill includes a more in- frequently than annually and contain a health insurance issuer providing health clusive definition of renewable bio- annual limits to reduce the medical ex- insurance coverage in connection with a mass, and it expands the role of the penses paid by insurance companies. It group health plan, may not impose an aggre- U.S. Departments of Agriculture and is estimated that approximately 20,000 gate dollar annual or lifetime limit with re- Energy in administering the program. to 25,000 people no longer have health spect to benefits payable under the plan or This bill goes a long way to recti- care benefits through their employers coverage. ‘‘(b) DEFINITION.—In this section, the term fying a few provisions that are under- because of lifetime limits on their em- ‘aggregate dollar annual or lifetime limit’ mining and harming our efforts toward ployer-sponsored health care plans. means, with respect to benefits under a energy independence. I do not think it When individuals with serious chron- group health plan or health insurance cov- makes sense to impose hurdles on our ic conditions—such as transplant re- erage, a dollar limitation on the total domestic renewable fuels industry, par- cipients, patients living with hemo- amount that may be paid with respect to ticularly if it prolongs our dependence philia, and newborns with life-threat- such benefits under the plan or health insur- on dirtier fossil fuels, or increases our ening illnesses—hit the annual or life- ance coverage with respect to an individual or other coverage unit on an annual or life- dependence on energy from countries time limits on their policies, they are often left with very few options to time basis.’’. like Iran and Venezuela. (b) CLERICAL AMENDMENT.—The table of I would like to thank the cosponsors meet their health care needs. Individ- contents in section 1 of such Act, is amended for their support. I look forward to uals and families that can afford it can by inserting after the item relating to sec- Senate consideration of this important try to pay for their health care costs tion 714 the following new item: legislation. completely out-of-pocket. However, ‘‘Sec. 715. Elimination of annual or lifetime this is rarely financially feasible; aggregate limits.’’. By Mr. REID (for Mr. ROCKE- therefore, many people are forced to (c) EFFECTIVE DATE.—The amendments FELLER): leave good, stable jobs and seek dif- made by this section shall apply with respect S. 1149. A bill to eliminate annual ferent employment in an effort to ob- to plan years beginning on or after the date and lifetime aggregate limits imposed tain new employer-sponsored coverage. that is 1 year after the date of enactment of by health plans; to the Committee on Unfortunately, new enrollees are often this Act. Health, Education, Labor, and Pen- subject to a waiting period for coverage SEC. 3. AMENDMENT TO THE PUBLIC HEALTH SERVICE ACT RELATING TO THE sions. if there was any break in their previous GROUP MARKET. Mr. ROCKEFELLER. Mr. President, I health care coverage. (a) IN GENERAL.—Subpart 2 of part A of rise today to introduce the Annual and Should an individual try to find title XXVII of the Public Health Service Act Lifetime Health Care Limit Elimi- health insurance in the individual mar- (42 U.S.C. 300gg–4 et seq.) is amended by add- nation Act of 2009, legislation that ket, coverage is likely to be prohibi- ing at the end the following: would prohibit insurance companies tively expensive. More often then not, ‘‘SEC. 2708. ELIMINATION OF ANNUAL OR LIFE- from imposing any annual or lifetime these individuals are denied coverage TIME AGGREGATE LIMITS. limit on any individual or group health ‘‘(a) IN GENERAL.—A group health plan and altogether because of the insurer’s pre- a health insurance issuer providing health insurance policy, thus providing con- existing condition exclusion. Annual or insurance coverage in connection with a tinuity and affordability of health care lifetime limits can force people to turn group health plan, may not impose an aggre- coverage for those with serious chronic to public programs such as Medicaid, gate dollar annual or lifetime limit with re- conditions. or spend down their savings to meet spect to benefits payable under the plan or Each year, thousands of insured the financial restrictions of the pro- coverage. Americans face daunting medical ex- gram. Others are forced to forgo treat- ‘‘(b) DEFINITION.—In this section, the term penses and challenges when they reach ment altogether, which can lead to se- ‘aggregate dollar annual or lifetime limit’ the annual or lifetime limit on their means, with respect to benefits under a rious complications and greater long- group health plan or health insurance cov- individual or employer-sponsored term health care costs. erage, a dollar limitation on the total health insurance plan. Once a bene- It is time to stop health insurance amount that may be paid with respect to ficiary’s medical costs have exceeded companies from imposing annual or such benefits under the plan or health insur- the annual or lifetime limit of their lifetime limits on health insurance ance coverage with respect to an individual

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5862 CONGRESSIONAL RECORD — SENATE May 21, 2009 or other coverage unit on an annual or life- individual wishes, and avoiding unnec- core sets of end-of-life quality meas- time basis.’’. essary disputes. ures are required across provider set- (b) INDIVIDUAL MARKET.—Subpart 2 of part The bitter dispute that played out tings. Even for certified hospices, re- B of title XXVII of the Public Health Service publicly for Terri Schiavo and her fam- porting of quality measures has only Act (42 U.S.C. 300gg-51 et seq.) is amended by ily is an agonizing experience that adding at the end the following: recently been required, with each hos- countless other families quietly face ‘‘SEC. 2754. ELIMINATION OF ANNUAL OR LIFE- pice deciding its own indicators. Hos- TIME AGGREGATE LIMITS. over the care of a loved one because pice surveys are behind schedule and ‘‘The provisions of section 2708 shall apply clear advance directives are not in not conducted frequently enough. to health insurance coverage offered by a place. End-of-life care is a very deli- Facilitating greater advance plan- health insurance issuer in the individual cate, yet important, issue and we must ning and improving care at the end of market in the same manner as they apply to act to ensure that all Americans have life also requires an adequate work- health insurance coverage offered by a the dignity and comfort they deserve force. Unfortunately, there is a sub- health insurance issuer in connection with a at the end of life. Services should be stantial shortage of health profes- group health plan in the small or large group market.’’. available to help patients and their sionals who specialize in palliative (c) EFFECTIVE DATE.—The amendments families with the medical, psycho- care. There is a severe shortage of phy- made by this section shall apply with respect logical, spiritual, and practical issues sicians and advance practice nurses to plan years beginning on or after the date surrounding death. trained in palliative medicine. Contrib- that is 1 year after the date of enactment of Most people want to discuss advance uting to these shortages is a shortage this Act. directives when they are healthy and of medical and nursing school faculty they want their families involved in in palliative medicine and care. There By Mr. REID (for Mr. ROCKE- the process. Yet, the vast majority of is also a lack of content about end-of- FELLER (for himself, Ms. COL- Americans have not completed an ad- life care in medical school curricula. LINS, Mr. KOHL, Mr. WYDEN, and vance directive expressing their final Medical students in general receive Mr. CARPER)): wishes. In 2007, RAND conducted a very little formal end-of-life education. S. 1150. A bill to improve end-of-life comprehensive review of academic lit- Almost half of medical residents in a care; to the Committee on Finance. erature relating to end-of-life decision- survey felt unprepared to address pa- Mr. ROCKEFELLER. Mr. President, I making. This review found that only 18 tients’ fears of dying. For Americans to rise today with my friends and col- to 30 percent of Americans have com- have a full range of choices in end-of- leagues—Senators COLLINS, KOHL, pleted some type of advance directive life care, we must strengthen our WYDEN and CARPER—to introduce the expressing their end-of-life wishes. health care workforce, including pal- Advance Planning and Compassionate RAND also found that acutely ill indi- liative care education of physicians Care Act of 2009, comprehensive legis- viduals, for whom these decisions are and other health professionals. lation that recognizes the critical im- particularly relevant, complete ad- Care at the end-of-life can, and portance of advance care planning and vance directives at only slightly higher should, be better and more consistent quality end-of-life care. Senator COL- rates—35 percent of dialysis patients with what Americans want. The Ad- LINS and I have worked on this legisla- and 32 percent of Chronic Obstructive vance Planning and Compassionate tion for over a decade—with the ulti- Pulmonary Disease, COPD, patients. Care Act takes enormous steps forward mate goal of one day passing com- Perhaps most alarmingly, between 65 to fully inform consumers of their prehensive end-of-life care legislation. and 76 percent of physicians whose pa- treatment options at the end of life and We are encouraged by the prospect of tients had an advance directive were to actually address patient end-of-life comprehensive health reform this year unaware of its existence. care needs when the time comes. To and believe that it is absolutely crit- In its present form, end-of-life plan- promote advance care planning, this ical that end-of-life care provisions be ning and care for most Americans is legislation provides both patients and included. perplexing, disjointed, and lacking an their physicians with the information In preparation for the impending active dialogue. In its 1997 report enti- and tools to help them in this most health reform debate, Senator COLLINS tled Approaching Death: Improving personal and often difficult discussion. and I decided last year that it was time Care at the End of Life, the Institute of Last year’s Medicare Improvements to update our Advance Planning and Medicine found several barriers to ef- for Patients and Providers Act, PL 110– Compassionate Care Act to incorporate fective advance planning and end-of- 275, took a significant step forward to- all of the best ideas out there on im- life care that still persist today. ward improving advance care planning. proving end-of-life care—including new In addition to the substantial burden MIPPA included a provision that I au- and innovative approaches being imple- of suffering experienced by many at the thored, requiring physicians to provide mented in the states, approaches sug- end of life, there are also significant fi- an advance care planning consultation gested by scholars in this field, and nancial consequences for family mem- as part of the Welcome to Medicare recommendations based on our own ex- bers and society as a whole that stem physical exam. Unfortunately, less periences with loved ones facing the from ineffective end-of-life care. Ac- than 10 percent of new enrollees use end of life. This new and improved bill cording to one Federal evaluation, 80 the Welcome to Medicare visit. The is truly a labor of love and we are cer- percent of all deaths occur in hos- MIPPA provision also does not address tainly hopeful that we can finally get pitals—the most costly setting to de- the advance care planning needs of ex- something comprehensive and mean- liver care—even though most people isting Medicare enrollees. ingful done for the millions of individ- would prefer to die at home. Current The legislation we are introducing uals and families faced with the agoniz- studies indicate that around 25 percent today establishes physician payment ing issues surrounding the end of life. of all Medicare spending occurs in the under Medicare, Medicaid, and CHIP A modern health care delivery sys- last year of life. Largely because of for vital patient advance care planning tem is well within our reach and some- their poorer health status, dually eligi- conversations. It provides help in docu- thing that we can start to achieve this ble beneficiaries have Medicare costs menting decisions from these conversa- year. A critical component of a mod- that are about 1.5 times that of other tions in the form of advance directives ernized health system is the ability to Medicare beneficiaries. Research also and in the form of actionable orders for address the health care needs of pa- shows significant variation in expendi- life sustaining treatment. It also takes tients across the life-span—especially tures at the end-of-life by geography steps to address the problem of access- at the end of life. Death is a serious, and hospital, without evidence that ing advance directives when needed, in- personal, and complicated part of the greater expenditures are associated cluding state grants for electronic reg- life cycle. Yet, care at the end of life is with better outcomes or satisfaction. istries. eventually relevant to everyone. Amer- We must find ways to improve the This legislation establishes a Na- icans deserve end-of-life care that is ef- quality of end-of-life care. Quality tional Geriatric and Palliative Care fective in providing information about measures provide not only information Service Corps, modeled after the Na- diagnosis and prognosis, integrating for oversight, but data with which to tional Health Service Corps, to inappropriate support services, fulfilling improve care practices and models. No crease the woefully inadequate supply

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5863 of geriatric and palliative specialists Sec. 105. Update of Medicare and Social Se- Sec. 252. National Mortality Followback and to even out their geographic dis- curity handbooks. Survey. tribution. It adopts MedPAC’s 2009 hos- Sec. 106. Authorization of appropriations. Sec. 253. Demonstration projects for use of telemedicine services in ad- pice payment reforms aimed at align- SUBPART B—STATE AND LOCAL INITIATIVES Sec. 111. Financial assistance for advance vance care planning. ing payment with the actual trajectory Sec. 254. Inspector General investigation of care planning. of resources expended over hospice epi- Sec. 112. Grants for programs for orders re- raud and abuse. Sec. 255. GAO study and report on provider sodes of care, while remaining within garding life sustaining treat- adherence to advance direc- the constraints of current reimbursement. tives. ment. Demonstration projects are PART II—PROVIDER EDUCATION funded to explore ways to better meet SEC. 2. DEFINITIONS. Sec. 121. Public provider advance care plan- In this Act: the needs of patients over longer time ning website. (1) ADVANCE CARE PLANNING.—The term periods than the 6-month prognoses in- Sec. 122. Continuing education for physi- ‘‘advance care planning’’ means the process herent in the hospice benefit. cians and nurses. of— Certification standards and processes Subtitle B—Portability of Advance (A) determining an individual’s priorities, are developed for hospital-based pallia- Directives; Health Information Technology values and goals for care in the future when tive care teams. Such teams are crit- Sec. 131. Portability of advance directives. the individual is no longer able to express his ical to providing consultation and care Sec. 132. State advance directive registries; or her wishes; (B) engaging family members, health care to dying patients. Quality measure- driver’s license advance directive notation. proxies, and health care providers in an on- ment and oversight are strengthened, Sec. 133. GAO study and report on establish- going dialogue about— with development of end-of-life meas- ment of national advance direc- (i) the individual’s wishes for care; ures across care settings and greater tive registry. (ii) what the future may hold for people data reporting requirements of hos- Subtitle C—National Uniform Policy on with serious illnesses or injuries; pices—so that we can make sure the Advance Care Planning (iii) how individuals, their health care proxies, and family members want their be- hospice benefit is keeping pace with Sec. 141. Study and report by the Secretary liefs and preferences to guide care decisions; the changing diagnostic mix of pa- regarding the establishment and and implementation of a na- tients that hospice serves. (iv) the steps that individuals and family tional uniform policy on ad- Finally, this bill takes the important members can take regarding, and the re- vance directives. step of establishing a National Center sources available to help with, finances, fam- on Palliative and End-of-Life Care TITLE II—COMPASSIONATE CARE ily matters, spiritual questions, and other within the NIH. This is a vital step to- Subtitle A—Workforce Development issues that impact seriously ill or dying pa- ward prioritizing biomedical research PART I—EDUCATION AND TRAINING tients and their families; and in the areas of palliative and end-of-life Sec. 201. National Geriatric and Palliative (C) executing and updating advance directives and appointing a health care proxy. care. It will also serve as a symbol to Care Services Corps. (2) ADVANCE DIRECTIVE.—The term ‘‘ad- remind us that, as in other phases of Sec. 202. Exemption of palliative medicine fellowship training from Medi- vance directive’’ means a living will, medical life, we need care at the end of life that care graduate medical edu- directive, health care power of attorney, du- addresses our individual needs and cir- cation caps. rable power of attorney, or other written cumstances. Sec. 203. Medical school curricula. statement by a competent individual that is Death is a serious, personal, and Subtitle B—Coverage Under Medicare, recognized under State law and indicates the complicated issue that is eventually Medicaid, and CHIP individual’s wishes regarding medical treat- relevant to each and every one of us. ment in the event of future incompetence. PART I—COVERAGE OF ADVANCE CARE Such term includes an advance health care Americans deserve end-of-life care that PLANNING directive and a health care directive recog- is effective in fulfilling individual Sec. 211. Medicare, Medicaid, and CHIP cov- nized under State law. wishes, avoiding unnecessary disputes, erage. (3) CHIP.—The term ‘‘CHIP’’ means the and, most importantly, providing qual- PART II—HOSPICE program established under title XXI of the ity end-of-life care. Therefore, I urge Sec. 221. Adoption of MedPAC hospice pay- Social Security Act (42 U.S.C. 1397aa et seq.). my colleagues to join us in improving ment methodology rec- (4) END-OF-LIFE-CARE.—The term ‘‘end-of- end-of-life care and reducing the ommendations. life care’’ means all aspects of care of a patient with a potentially fatal condition, and amount of grief that inevitably comes Sec. 222. Removing hospice inpatient days in setting per diem rates for crit- includes care that is focused on specific prep- with losing those who we hold dear. ical access hospitals. arations for an impending death. Mr. President, I ask unanimous con- Sec. 223. Hospice payments for dual eligible (5) HEALTH CARE POWER OF ATTORNEY.—The sent that the text of the bill be printed individuals residing in long- term ‘‘health care power of attorney’’ means in the RECORD. term care facilities. a legal document that identifies a health There being no objection, the text of Sec. 224. Delineation of respective care re- care proxy or decisionmaker for a patient the bill was ordered to be printed in sponsibilities of hospice pro- who has the authority to act on the patient’s the RECORD, as follows: grams and long-term care fa- behalf when the patient is unable to commu- cilities. nicate his or her wishes for medical care on S. 1150 Sec. 225. Adoption of MedPAC hospice pro- matters that the patient specifies when he or Be it enacted by the Senate and House of Rep- gram eligibility certification she is competent. Such term includes a dura- resentatives of the United States of America in and recertification rec- ble power of attorney that relates to medical Congress assembled, ommendations. care. SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 226. Concurrent care for children. (6) LIVING WILL.—The term ‘‘living will’’ (a) SHORT TITLE.—This Act may be cited as Sec. 227. Making hospice a required benefit means a legal document— the ‘‘Advance Planning and Compassionate under Medicaid and CHIP. (A) used to specify the type of medical care Care Act of 2009’’. Sec. 228. Medicare Hospice payment model (including any type of medical treatment, (b) TABLE OF CONTENTS.—The table of con- demonstration projects. including life-sustaining procedures if that tents of this Act is as follows: Sec. 229. MedPAC studies and reports. person becomes permanently unconscious or Sec. 230. HHS Evaluations. Sec. 1. Short title; table of contents. is otherwise dying) that an individual wants Sec. 2. Definitions. Subtitle C—Quality Improvement provided or withheld in the event the indi- TITLE I—ADVANCE CARE PLANNING Sec. 241. Patient satisfaction surveys. vidual cannot speak for himself or herself Sec. 242. Development of core end-of-life and cannot express his or her wishes; and Subtitle A—Consumer and Provider care quality measures across (B) that requires a physician to honor the Education each relevant provider setting. provisions of upon receipt or to transfer the PART I—CONSUMER EDUCATION Sec. 243. Accreditation of hospital-based pal- care of the individual covered by the docu- SUBPART A—NATIONAL INITIATIVES liative care programs. ment to another physician that will honor Sec. 244. Survey and data requirements for Sec. 101. Advance care planning telephone such provisions. all Medicare participating hos- hotline. (7) MEDICAID.—The term ‘‘Medicaid’’ means Sec. 102. Advance care planning information pice programs. the program established under title XIX of clearinghouses. Subtitle D—Additional Reports, Research, the Social Security Act (42 U.S.C. 1396 et Sec. 103. Advance care planning toolkit. and Evaluations seq.). Sec. 104. National public education cam- Sec. 251. National Center On Palliative and (8) MEDICARE.—The term ‘‘Medicare’’ paign. End-Of-Life Care. means the program established under title

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5864 CONGRESSIONAL RECORD — SENATE May 21, 2009 XVIII of the Social Security Act (42 U.S.C. (v) hospice and palliative care (including SEC. 104. NATIONAL PUBLIC EDUCATION CAM- 1395 et seq.). their respective purposes and services); and PAIGN. (9) ORDERS FOR LIFE-SUSTAINING TREAT- (C) available Federal and State-specific re- (a) NATIONAL PUBLIC EDUCATION CAM- MENT.—The term ‘‘orders for life-sustaining sources for assistance with advance care PAIGN.— treatment’’ means a process for focusing a planning, including— (1) IN GENERAL.—Not later than January 1, patients’ values, goals, and preferences on (i) contact information for any State pub- 2011, the Secretary, acting through the Di- current medical circumstances and to trans- lic health departments that are responsible rector of the Centers for Disease Control and late such into visible and portable medical for issues regarding end-of-life care; Prevention, shall, directly or through orders applicable across care settings, in- (ii) contact information for relevant legal grants, contracts, or interagency agree- cluding home, long-term care, emergency service organizations, including those funded ments, develop and implement a national medical services, and hospitals. under the Older Americans Act of 1965 (42 campaign to inform the public of the impor- (10) PALLIATIVE CARE.—The term ‘‘pallia- U.S.C. 3001 et seq.); and tance of advance care planning and of an in- tive care’’ means interdisciplinary care for (iii) advance directive forms for each dividual’s right to direct and participate in individuals with a life-threatening illness or State; and their health care decisions. injury relating to pain and symptom man- (D) any additional information, as deter- (2) CONTENT OF EDUCATIONAL CAMPAIGN.— agement and psychological, social, and spir- mined by the Secretary. The national public education campaign established under paragraph (1) shall— itual needs and that seeks to improve the (b) ESTABLISHMENT OF PEDIATRIC ADVANCE (A) employ the use of various media, in- quality of life for the individual and the indi- CARE PLANNING CLEARINGHOUSE.— cluding regularly televised public service an- vidual’s family. (1) DEVELOPMENT.—Not later than January nouncements; (11) SECRETARY.—The term ‘‘Secretary’’ 1, 2011, the Secretary, in consultation with (B) provide culturally and linguistically means the Secretary of Health and Human the Assistant Secretary for Children and appropriate information; Services. Families of the Department of Health and (C) be conducted continuously over a pe- Human Services, shall develop an online TITLE I—ADVANCE CARE PLANNING riod of not less than 5 years; clearinghouse to provide comprehensive in- Subtitle A—Consumer and Provider (D) identify and promote the advance care formation regarding pediatric advance care Education planning information available on the De- planning. partment of Health and Human Service’s Na- PART I—CONSUMER EDUCATION (2) MAINTENANCE.—The pediatric advance tional Clearinghouse for Long-Term Care In- Subpart A—National Initiatives care planning clearinghouse, which shall be formation website and Administration for clearly identifiable on the homepage of the SEC. 101. ADVANCE CARE PLANNING TELEPHONE Children and Families website, as well as Administration for Children and Families HOTLINE. any other relevant Federal or State-specific website, shall be maintained and publicized (a) IN GENERAL.—Not later than January 1, advance care planning resources; by the Secretary on an ongoing basis. 2011, the Secretary, acting through the Di- (E) raise public awareness of the con- (3) CONTENT.—The pediatric advance care rector of the Centers for Disease Control and sequences that may result if an individual is planning clearinghouse shall provide ad- Prevention, shall establish and operate di- no longer able to express or communicate vance care planning information specific to rectly, or by grant, contract, or interagency their health care decisions; children with life-threatening illnesses or in- agreement, a 24-hour toll-free telephone hot- (F) address the importance of individuals juries and their families. line to provide consumer information regard- speaking to family members, health care ing advance care planning, including— SEC. 103. ADVANCE CARE PLANNING TOOLKIT. proxies, and health care providers as part of (1) an explanation of advanced care plan- (a) DEVELOPMENT.—Not later than July 1, an ongoing dialogue regarding their health ning and its importance; 2010, the Secretary, in consultation with the care choices; (2) issues to be considered when developing Director of the Centers for Disease Control (G) address the need for individuals to ob- an individual’s advance care plan; and Prevention, shall develop an online ad- tain readily available legal documents that (3) how to establish an advance directive; vance care planning toolkit. express their health care decisions through (4) procedures to help ensure that an indi- (b) MAINTENANCE.—The advance care plan- advance directives (including living wills, vidual’s directives for end-of-life care are fol- ning toolkit, which shall be available in comfort care orders, and durable powers of lowed; English, Spanish, and any other languages attorney for health care); (5) Federal and State-specific resources for that the Secretary deems appropriate, shall (H) raise public awareness regarding the assistance with advance care planning; and be maintained and publicized by the Sec- availability of hospice and palliative care; (6) hospice and palliative care (including retary on an ongoing basis and made avail- and their respective purposes and services). able on the following websites: (I) encourage individuals to speak with (b) ESTABLISHMENT.—In carrying out the (1) The Centers for Disease Control and their physicians about their options and in- requirements under subsection (a), the Direc- Prevention. tentions for end-of-life care. tor of the Centers for Disease Control and (2) The Department of Health and Human (3) EVALUATION.— Prevention may designate an existing 24- Service’s National Clearinghouse for Long- (A) IN GENERAL.—Not later than July 1, hour toll-free telephone hotline or, if no such Term Care Information. 2013, the Secretary, acting through the Di- service is available or appropriate, establish (3) The Administration for Children and rector of the Centers for Disease Control and a new 24-hour toll-free telephone hotline. Families. Prevention, shall conduct a nationwide sur- SEC. 102. ADVANCE CARE PLANNING INFORMA- (c) CONTENT.—The advance care planning vey to evaluate whether the national cam- TION CLEARINGHOUSES. toolkit shall include content addressing— paign conducted under this subsection has (a) EXPANSION OF NATIONAL CLEARINGHOUSE (1) common issues and questions regarding achieved its goal of changing public aware- FOR LONG-TERM CARE INFORMATION.— advance care planning, including individuals ness, attitudes, and behaviors regarding ad- (1) DEVELOPMENT.—Not later than January and resources to contact for further inquir- vance care planning. 1, 2010, the Secretary shall develop an online ies; (B) BASELINE SURVEY.—In order to evaluate clearinghouse to provide comprehensive in- (2) advance directives and their uses, in- the effectiveness of the national campaign, formation regarding advance care planning. cluding living wills and durable powers of at- the Secretary shall conduct a baseline sur- (2) MAINTENANCE.—The advance care plan- torney; vey prior to implementation of the cam- ning clearinghouse, which shall be clearly (3) the roles and responsibilities of a health paign. identifiable and available on the homepage care proxy; (C) REPORTING REQUIREMENT.—Not later of the Department of Health and Human (4) Federal and State-specific resources to than December 31, 2013, the Secretary shall Service’s National Clearinghouse for Long- assist individuals and their families with ad- report the findings of such survey, as well as Term Care Information website, shall be vance care planning, including— any recommendations that the Secretary de- maintained and publicized by the Secretary (A) the advance care planning toll-free termines appropriate regarding the need for on an ongoing basis. telephone hotline established under section continuation or legislative or administrative (3) CONTENT.—The advance care planning 101; changes to facilitate changing public aware- clearinghouse shall include— (B) the advance care planning clearing- ness, attitudes, and behaviors regarding ad- (A) any relevant content contained in the houses established under section 102; vance care planning, to the appropriate com- national public education campaign required (C) the advance care planning toolkit es- mittees of the Congress. under section 104; tablished under this section; (b) REPEAL.—Section 4751(d) of the Omni- (B) content addressing— (D) available State legal service organiza- bus Budget Reconciliation Act of 1990 (42 (i) an explanation of advanced care plan- tions to assist individuals with advance care U.S.C. 1396a note; Public Law 101–508) is re- ning and its importance; planning, including those organizations that pealed. (ii) issues to be considered when developing receive funding pursuant to the Older Ameri- SEC. 105. UPDATE OF MEDICARE AND SOCIAL SE- an individual’s advance care plan; cans Act of 1965 (42 U.S.C. 3001 et seq.); and CURITY HANDBOOKS. (iii) how to establish an advance directive; (E) website links or addresses for State- (a) MEDICARE & YOU HANDBOOK.— (iv) procedures to help ensure that an indi- specific advance directive forms; and (1) IN GENERAL.—Not later than 60 days vidual’s directives for end-of-life care are fol- (5) any additional information, as deter- after the date of enactment of this Act, the lowed; and mined by the Secretary. Secretary shall update the online version of

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the ‘‘Planning Ahead’’ section of the Medi- be construed to violate the Assisted Suicide (3) AUTHORIZATION OF APPROPRIATIONS.— care & You Handbook to include— Funding Restriction Act of 1997 (42 U.S.C. There is authorized to be appropriated to the (A) an explanation of advance care plan- 14401 et seq.).’’. Secretary to the Centers for Medicare & ning and advance directives, including— (3) REPORTS.—Section 1008(a) of the Legal Medicaid Services Program Management Ac- (i) living wills; Services Corporation Act (42 U.S.C. 2996g(a)) count, $12,000,000 for each of fiscal years 2010 (ii) health care proxies; and is amended by adding at the end the fol- through 2014 for purposes of awarding grants (iii) after-death directives; lowing: ‘‘The Corporation shall require such to States under paragraph (1). (B) Federal and State-specific resources to a report, on an annual basis, from each (c) MEDICAID TRANSFORMATION GRANTS FOR assist individuals and their families with ad- grantee, contractor, or other recipient of fi- ADVANCE CARE PLANNING.—Section 1903(z) of vance care planning, including— nancial assistance under section the Social Security Act (42 U.S.C. 1396b(z)) is (i) the advance care planning toll-free tele- 1006(a)(1)(B).’’. amended— phone hotline established under section 101; (4) AUTHORIZATION OF APPROPRIATIONS.— (1) in paragraph (2), by adding at the end (ii) the advance care planning clearing- Section 1010 of the Legal Services Corpora- the following new subparagraph: houses established under section 102; tion Act (42 U.S.C. 2996i) is amended— ‘‘(G) Methods for improving the effective- (iii) the advance care planning toolkit es- (A) in subsection (a)— ness and efficiency of medical assistance pro- tablished under section 103; (i) by striking ‘‘(a)’’ and inserting ‘‘(a)(1)’’; vided under this title by making available to (iv) available State legal service organiza- (ii) in the last sentence, by striking ‘‘Ap- individuals enrolled in the State plan or tions to assist individuals with advance care propriations for that purpose’’ and inserting under a waiver of such plan information re- planning, including those organizations that the following: garding advance care planning (as defined in receive funding pursuant to the Older Ameri- ‘‘(3) Appropriations for a purpose described section 3 of the Advance Planning and Com- cans Act of 1965 (42 U.S.C. 3001 et seq.); and in paragraph (1) or (2)’’; and passionate Care Act of 2009), including at (v) website links or addresses for State-spe- (iii) by inserting before paragraph (3) (as time of enrollment or renewal of enrollment cific advance directive forms; and designated by clause (ii)) the following: in the plan or waiver, through providers, and (C) any additional information, as deter- ‘‘(2) There are authorized to be appro- through such other innovative means as the mined by the Secretary. priated to carry out section 1006(a)(1)(B), State determines appropriate.’’; (2) UPDATE OF PAPER AND SUBSEQUENT $10,000,000 for each of fiscal years 2010, 2011, (2) in paragraph (3), by adding at the end VERSIONS.—The Secretary shall include the 2012, 2013, and 2014.’’; and the following new subparagraph: information described in paragraph (1) in all (B) in subsection (d), by striking ‘‘sub- ‘‘(D) WORK PLAN REQUIRED FOR AWARD OF paper and electronic versions of the Medi- section (a)’’ and inserting ‘‘subsection ADVANCE CARE PLANNING GRANTS.—Payment care & You Handbook that are published on (a)(1)’’. to a State under this subsection to adopt the or after the date that is 60 days after the (5) EFFECTIVE DATE.—This subsection and innovative methods described in paragraph date of enactment of this Act. the amendments made by this subsection (2)(G) is conditioned on the State submitting (b) SOCIAL SECURITY HANDBOOK.—The Com- take effect July 1, 2010. to the Secretary an approved plan for ex- missioner of Social Security shall— (b) STATE HEALTH INSURANCE ASSISTANCE pending the funds awarded to the State (1) not later than 60 days after the date of PROGRAMS.— under this subsection.’’; and enactment of this Act, update the online (1) IN GENERAL.—The Secretary shall use (3) in paragraph (4)— version of the Social Security Handbook for amounts made available under paragraph (3) (A) in subparagraph (A)— beneficiaries to include the information de- to award grants to States for State health (i) in clause (i), by striking ‘‘and’’ at the scribed in subsection (a)(1); and insurance assistance programs receiving as- end; (2) include such information in all paper sistance under section 4360 of the Omnibus (ii) in clause (ii), by striking the period at and online versions of such handbook that Budget Reconciliation Act of 1990 to provide the end and inserting ‘‘; and’’; and are published on or after the date that is 60 advance care planning services to Medicare (iii) by inserting after clause (ii), the fol- days after the date of enactment of this Act. beneficiaries, personal representatives of lowing new clause: SEC. 106. AUTHORIZATION OF APPROPRIATIONS. such beneficiaries, and the families of such ‘‘(iii) $20,000,000 for each of fiscal years 2010 There is authorized to be appropriated for beneficiaries. Such services shall include in- through 2014.’’; and the period of fiscal years 2010 through 2014— formation regarding State-specific advance (B) by striking subparagraph (B), and in- (1) $195,000,000 to the Secretary to carry directives and ways to discuss individual serting the following: out sections 101, 102, 103, 104 and 105(a); and care wishes with health care providers. ‘‘(B) ALLOCATION OF FUNDS.—The Secretary (2) $5,000,000 to the Commissioner of Social (2) REQUIREMENTS.— shall specify a method for allocating the Security to carry out section 105(b). (A) AWARD OF GRANTS.—In making grants funds made available under this subsection Subpart B—State and Local Initiatives under this subsection for a fiscal year, the among States awarded a grant for fiscal year Secretary shall satisfy the following require- SEC. 111. FINANCIAL ASSISTANCE FOR ADVANCE 2010, 2011, 2012, 2013, or 2014. Such method CARE PLANNING. ments: shall provide that— (a) LEGAL ASSISTANCE FOR ADVANCE CARE (i) Two-thirds of the total amount of funds ‘‘(i) 100 percent of such funds for each of PLANNING.— available under paragraph (3) for a fiscal fiscal years 2010 through 2014 shall be award- (1) DEFINITION OF RECIPIENT.—Section year shall be allocated among those States ed to States that design programs to adopt 1002(6) of the Legal Services Corporation Act approved for a grant under this section that the innovative methods described in para- (42 U.S.C. 2996a(6)) is amended by striking have adopted the Uniform Health-Care Deci- graph (2)(G); and ‘‘clause (A) of’’ and inserting ‘‘subparagraph sions Act drafted by the National Conference ‘‘(ii) in no event shall a payment to a State (A) or (B) of’’. of Commissioners on Uniform State Laws awarded a grant under this subsection for (2) ADVANCE CARE PLANNING.—Section 1006 and approved and recommended for enact- fiscal year 2010 be made prior to July 1, of the Legal Services Corporation Act (42 ment by all States at the annual conference 2010.’’. U.S.C. 2996e) is amended— of such commissioners in 1993. (d) ADVANCE CARE PLANNING COMMUNITY (A) in subsection (a)(1)— (ii) One-third of the total amount of funds TRAINING GRANTS.— (i) by striking ‘‘title, and (B) to make’’ and available under paragraph (3) for a fiscal (1) IN GENERAL.—The Secretary shall use inserting the following: ‘‘title; year shall be allocated among those States amounts made available under paragraph (3) ‘‘(C) to make’’; and approved for a grant under this section that to award grants to area agencies on aging (as (ii) by inserting after subparagraph (A) the have adopted a uniform form for orders re- defined in section 102 of the Older Americans following: garding life sustaining treatment as defined Act of 1965 (42 U.S.C. 3002)). ‘‘(B) to provide financial assistance, and in section 1861(hhh)(5) of the Social Security (2) REQUIREMENTS.— make grants and contracts, as described in Act (as amended by section 211 of this Act) (A) USE OF FUNDS.—Funds awarded to an subparagraph (A), on a competitive basis for or a comparable approach to advance care area agency on aging under this subsection the purpose of providing legal assistance in planning. shall be used to provide advance care plan- the form of advance care planning (as de- (B) WORK PLAN; REPORT.—As a condition of ning education and training opportunities fined in section 3 of the Advance Planning being awarded a grant under this subsection, for local aging service providers and organi- and Compassionate Care Act of 2009, and in- a State shall submit the following to the zations. cluding providing information about State- Secretary: (B) WORK PLAN; REPORT.—As a condition of specific advance directives, as defined in (i) An approved plan for expending grant being awarded a grant under this subsection, that section) for eligible clients under this funds. an area agency on aging shall submit the fol- title, including providing such planning to (ii) For each fiscal year for which the State lowing to the Secretary: the family members of eligible clients and is paid grant funds under this subsection, an (i) An approved plan for expending grant persons with power of attorney to make annual report regarding the use of the funds, funds. health care decisions for the clients; and’’; including the number of Medicare bene- (ii) For each fiscal year for which the agen- and ficiaries served and their satisfaction with cy is paid grant funds under this subsection, (B) in subsection (b), by adding at the end the services provided. an annual report regarding the use of the the following: (C) LIMITATION.—No State shall be paid funds, including the number of Medicare ‘‘(2) Advance care planning provided in ac- funds from a grant made under this sub- beneficiaries served and their satisfaction cordance with subsection (a)(1)(B) shall not section prior to July 1, 2010. with the services provided.

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(C) LIMITATION.—No area agency on aging to be appropriated such sums as may be nec- Subtitle B—Portability of Advance shall be paid funds from a grant made under essary for each of the fiscal years 2009 Directives; Health Information Technology this subsection prior to July 1, 2010. through 2014. SEC. 131. PORTABILITY OF ADVANCE DIREC- (3) AUTHORIZATION OF APPROPRIATIONS.— TIVES. PART II—PROVIDER EDUCATION There is authorized to be appropriated to the (a) MEDICARE.—Section 1866(f) of the Social Secretary to the Centers for Medicare & SEC. 121. PUBLIC PROVIDER ADVANCE CARE Security Act (42 U.S.C. 1395cc(f)) is amend- Medicaid Services Program Management Ac- PLANNING WEBSITE. ed— count, $12,000,000 for each of fiscal years 2010 (1) in paragraph (1)— (a) DEVELOPMENT.—Not later than January through 2014 for purposes of awarding grants (A) in subparagraph (B), by inserting ‘‘and 1, 2010, the Secretary, acting through the Ad- to area agencies on aging under paragraph if presented by the individual, to include the ministrator of the Centers for Medicare & (1). content of such advance directive in a promi- Medicaid Services and the Director of the (e) NONDUPLICATION OF ACTIVITIES.—The nent part of such record’’ before the semi- Agency for Healthcare Research and Quality, Secretary shall establish procedures to en- colon at the end; shall establish a website for providers under sure that funds made available under grants (B) in subparagraph (D), by striking ‘‘and’’ Medicare, Medicaid, the Children’s Health awarded under this section or pursuant to after the semicolon at the end; Insurance Program, the Indian Health Serv- amendments made by this section supple- (C) in subparagraph (E), by striking the pe- ice (include contract providers) and other ment, not supplant, existing Federal fund- riod at the end and inserting ‘‘; and’’; and public health providers on each individual’s ing, and that such funds are not used to du- (D) by inserting after subparagraph (E) the right to make decisions concerning medical plicate activities carried out under such following new subparagraph: grants or under other Federally funded pro- care, including the right to accept or refuse ‘‘(F) to provide each individual with the grams. medical or surgical treatment, and the exist- opportunity to discuss issues relating to the ence of advance directives. SEC. 112. GRANTS FOR PROGRAMS FOR ORDERS information provided to that individual pur- REGARDING LIFE SUSTAINING (b) MAINTENANCE.—The website, shall be TREATMENT. suant to subparagraph (A) with an appro- maintained and publicized by the Secretary (a) IN GENERAL.—The Secretary shall make priately trained professional.’’; on an ongoing basis. grants to eligible entities for the purpose (2) in paragraph (3), by striking ‘‘a writ- of— (c) CONTENT.—The website shall include ten’’ and inserting ‘‘an’’; and (1) establishing new programs for orders re- content, tools, and resources necessary to do (3) by adding at the end the following new garding life sustaining treatment in States the following: paragraph: or localities; (1) Inform providers about the advance di- ‘‘(5)(A) An advance directive validly exe- (2) expanding or enhancing an existing pro- rective requirements under the health care cuted outside of the State in which such ad- gram for orders regarding life sustaining programs described in subsection (a) and vance directive is presented by an adult indi- treatment in States or localities; or other State and Federal laws and regulations vidual to a provider of services, a Medicare (3) providing a clearinghouse of informa- related to advance care planning. Advantage organization, or a prepaid or eli- tion on programs for orders for life sus- (2) Educate providers about advance care gible organization shall be given the same ef- taining treatment and consultative services planning quality improvement activities. fect by that provider or organization as an for the development or enhancement of such (3) Provide assistance to providers to— advance directive validly executed under the programs. (A) integrate advance directives into elec- law of the State in which it is presented (b) AUTHORIZED ACTIVITIES.—Activities tronic health records, including oral direc- would be given effect. funded through a grant under this section for tives; and ‘‘(B)(i) The definition of an advanced directive shall also include actual knowledge of an area may include— (B) develop and disseminate advance care instructions made while an individual was (1) developing such a program for the area planning informational materials for their able to express the wishes of such individual that includes home care, hospice, long-term patients. with regard to health care. care, community and assisted living resi- (4) Inform providers about advance care dences, skilled nursing facilities, inpatient ‘‘(ii) For purposes of clause (i), the term planning continuing education requirements ‘actual knowledge’ means the possession of rehabilitation facilities, hospitals, and emer- and opportunities. gency medical services within the area; information of an individual’s wishes com- (5) Encourage providers to discuss advance municated to the health care provider orally (2) securing consultative services and ad- care planning with their patients of all ages. vice from institutions with experience in de- or in writing by the individual, the individ- (6) Assist providers’ understanding of the ual’s medical power of attorney representa- veloping and managing such programs; and continuum of end-of-life care services and (3) expanding an existing program for or- tive, the individual’s health care surrogate, supports available to patients, including pal- or other individuals resulting in the health ders regarding life sustaining treatment to liative care and hospice. serve more patients or enhance the quality care provider’s personal cognizance of these (7) Inform providers of best practices for wishes. Other forms of imputed knowledge of services, including educational services discussing end-of-life care with dying pa- for patients and patients’ families or train- are not actual knowledge. tients and their loved ones. ‘‘(C) The provisions of this paragraph shall ing of health care professionals. (c) DISTRIBUTION OF FUNDS.—In funding SEC. 122. CONTINUING EDUCATION FOR PHYSI- preempt any State law to the extent such grants under this section, the Secretary CIANS AND NURSES. law is inconsistent with such provisions. The provisions of this paragraph shall not pre- shall ensure that, of the funds appropriated (a) IN GENERAL.—Not later than January 1, to carry out this section for each fiscal empt any State law that provides for greater 2012, the Secretary, acting through the Di- portability, more deference to a patient’s year— rector of Health Resources and Services Ad- (1) at least two-thirds are used for estab- wishes, or more latitude in determining a pa- ministration, shall develop, in consultation tient’s wishes.’’. lishing or developing new programs for or- with health care providers and State boards ders regarding life sustaining treatment; and (b) MEDICAID.—Section 1902(w) of the So- of medicine and nursing, a curriculum for cial Security Act (42 U.S.C. 1396a(w)) is (2) one-third is used for expanding or en- continuing education that States may adopt hancing existing programs for orders regard- amended— for physicians and nurses on advance care (1) in paragraph (1)— ing life sustaining treatment. planning and end-of-life care. (d) DEFINITIONS.—In this section: (A) in subparagraph (B)— (1) The term ‘‘eligible entity’’ includes— (b) CONTENT.— (i) by striking ‘‘in the individual’s medical (A) an academic medical center, a medical (1) IN GENERAL.—The continuing education record’’ and inserting ‘‘in a prominent part school, a State health department, a State curriculum developed under subsection (a) of the individual’s current medical record’’; medical association, a multi-State taskforce, for physicians and nurses shall, at a min- and a hospital, or a health system capable of ad- imum, include— (ii) by inserting ‘‘and if presented by the ministering a program for orders regarding (A) a description of the meaning and im- individual, to include the content of such ad- life sustaining treatment for a State or lo- portance of advance care planning; vance directive in a prominent part of such cality; or (B) a description of advance directives, in- record’’ before the semicolon at the end; (B) any other health care agency or entity cluding living wills and durable powers of at- (B) in subparagraph (D), by striking ‘‘and’’ as the Secretary determines appropriate. torney, and the use of such directives; after the semicolon at the end; (2) The term ‘‘order regarding life sus- (C) palliative care principles and ap- (C) in subparagraph (E), by striking the pe- taining treatment’’ has the meaning given proaches to care; and riod at the end and inserting ‘‘; and’’; and such term in section 1861(hhh)(5) of the So- (D) the continuum of end-of-life services (D) by inserting after subparagraph (E) the cial Security Act, as added by section 211. and supports, including palliative care and following new subparagraph: (3) The term ‘‘program for orders regarding hospice. ‘‘(F) to provide each individual with the life sustaining treatment’’ means, with re- (2) ADDITIONAL CONTENT FOR PHYSICIANS.— opportunity to discuss issues relating to the spect to an area, a program that supports the The continuing education curriculum for information provided to that individual pur- active use of orders regarding life sustaining physicians developed under subsection (a) suant to subparagraph (A) with an appro- treatment in the area. shall include instruction on how to conduct priately trained professional.’’; (e) AUTHORIZATION OF APPROPRIATIONS.—To advance care planning with patients and (2) in paragraph (4), by striking ‘‘a writ- carry out this section, there are authorized their loved ones. ten’’ and inserting ‘‘an’’; and

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00100 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5867 (3) by adding at the end the following para- has a 2-year legislative session, each year of ‘‘(ii) enable each State resident with a graph: the session is considered to be a separate driver’s license to include a notice of the ex- ‘‘(6)(A) An advance directive validly exe- regular session of the State legislature. istence of an advance directive for such resi- cuted outside of the State in which such ad- SEC. 132. STATE ADVANCE DIRECTIVE REG- dent on such license in a manner consistent vance directive is presented by an adult indi- ISTRIES; DRIVER’S LICENSE AD- with the notice on such a license indicating vidual to a provider or organization shall be VANCE DIRECTIVE NOTATION. a driver’s intent to be an organ donor; and given the same effect by that provider or or- Part P of title III of the Public Health ‘‘(iii) coordinate with the State depart- ganization as an advance directive validly Service Act (42 U.S.C. 280g) is amended— ment of health to ensure that, if a State resi- executed under the law of the State in which (1) by redesignating section 399R (as in- dent has an advance directive notice on his it is presented would be given effect. serted by section 2 of Public Law 110–373) as or her driver’s license, the existence of such ‘‘(B)(i) The definition of an advance direc- section 399S; advance directive is included in the State tive shall also include actual knowledge of (2) by redesignating section 399R (as in- registry established under section 399U; and instructions made while an individual was serted by section 3 of Public Law 110–374) as ‘‘(B) any other information as the Director able to express the wishes of such individual section 399T; and may require. with regard to health care. (3) by adding at the end the following: ‘‘(c) ANNUAL REPORT.—For each year for ‘‘(ii) For purposes of clause (i), the term ‘‘SEC. 399U. STATE ADVANCE DIRECTIVE REG- which a State receives an award under this ‘actual knowledge’ means the possession of ISTRIES. section, such State shall submit an annual information of an individual’s wishes com- ‘‘(a) STATE ADVANCE DIRECTIVE REG- report to the Director on the use of the funds municated to the health care provider orally ISTRY.—In this section, the term ‘State ad- received pursuant to such award, including or in writing by the individual, the individ- vance directive registry’ means a secure, the number of State residents served ual’s medical power of attorney representa- electronic database that— through the mechanism. tive, the individual’s health care surrogate, ‘‘(1) is available free of charge to residents ‘‘(d) AUTHORIZATION.—There is authorized or other individuals resulting in the health of a State; and to be appropriated to carry out this section care provider’s personal cognizance of these ‘‘(2) stores advance directive documents $50,000,000 for fiscal year 2010 and each fiscal wishes. Other forms of imputed knowledge and makes such documents accessible to year thereafter.’’. are not actual knowledge. SEC. 133. GAO STUDY AND REPORT ON ESTAB- ‘‘(C) The provisions of this paragraph shall medical service providers in accordance with Federal and State privacy laws. LISHMENT OF NATIONAL ADVANCE preempt any State law to the extent such DIRECTIVE REGISTRY. ‘‘(b) GRANT PROGRAM.—Beginning on July law is inconsistent with such provisions. The (a) STUDY.—The Comptroller General of provisions of this paragraph shall not pre- 1, 2010, the Secretary, acting through the Di- the United States shall conduct a study on empt any State law that provides for greater rector of the Centers for Disease Control and the feasibility of a national registry for ad- portability, more deference to a patient’s Prevention, shall award grants on a competi- vance directives, taking into consideration wishes, or more latitude in determining a pa- tive basis to eligible entities to establish and the constraints created by the privacy provi- tient’s wishes.’’. operate, directly or indirectly (by competi- sions enacted as a result of the Health Insur- (c) CHIP.—Section 2107(e)(1) of the Social tive grant or competitive contract), State ance Portability and Accountability Act of Security Act (42 U.S.C. 1397gg(e)(1)) is advance directive registries. 1996 (Public Law 104–191). amended— ‘‘(c) ELIGIBLE ENTITIES.— (b) REPORT.—Not later than 18 months (1) by redesignating subparagraphs (E) ‘‘(1) IN GENERAL.—To be eligible to receive after the date of enactment of this Act, the through (L) as subparagraphs (D) through a grant under this section, an entity shall— Comptroller General of the United States (M), respectively; and ‘‘(A) be a State department of health; and shall submit to Congress a report on the (2) by inserting after subparagraph (D) the ‘‘(B) submit to the Director an application study conducted under subsection (a) to- following: at such time, in such manner, and con- gether with recommendations for such legis- ‘‘(E) Section 1902(w) (relating to advance taining— lation and administrative action as the directives).’’. ‘‘(i) a plan for the establishment and oper- Comptroller General of the United States de- (d) STUDY AND REPORT REGARDING IMPLE- ation of a State advance directive registry; termines to be appropriate. and MENTATION.— Subtitle C—National Uniform Policy on ‘‘(ii) such other information as the Direc- (1) STUDY.—The Secretary shall conduct a Advance Care Planning study regarding the implementation of the tor may require. SEC. 141. STUDY AND REPORT BY THE SEC- ‘‘(2) NO REQUIREMENT OF NOTATION MECHA- amendments made by subsections (a) and (b). RETARY REGARDING THE ESTAB- NISM (2) REPORT.—Not later than 18 months .—The Secretary shall not require that LISHMENT AND IMPLEMENTATION after the date of enactment of this Act, the an entity establish and operate a driver’s li- OF A NATIONAL UNIFORM POLICY Secretary shall submit to Congress a report cense advance directive notation mechanism ON ADVANCE DIRECTIVES. on the study conducted under paragraph (1), for State residents under section 399V to be (a) STUDY.— together with recommendations for such leg- eligible to receive a grant under this section. (1) IN GENERAL.—The Secretary, acting islation and administrative actions as the ‘‘(d) ANNUAL REPORT.—For each year for through the Office of the Assistant Secretary Secretary considers appropriate. which an entity receives an award under this for Planning and Evaluation, shall conduct a (e) EFFECTIVE DATES.— section, such entity shall submit an annual thorough study of all matters relating to the (1) IN GENERAL.—Subject to paragraph (2), report to the Director on the use of the funds establishment and implementation of a na- the amendments made by subsections (a), received pursuant to such award, including tional uniform policy on advance directives (b), and (c) shall apply to provider agree- the number of State residents served for individuals receiving items and services ments and contracts entered into, renewed, through the registry. under titles XVIII, XIX, or XXI of the Social or extended under title XVIII of the Social ‘‘(e) AUTHORIZATION.—There is authorized Security Act (42 U.S.C. 1395 et seq.; 1396 et Security Act (42 U.S.C. 1395 et seq.), and to to be appropriated to carry out this section seq.; 1397aa et seq.). State plans under title XIX of such Act (42 $20,000,000 for fiscal year 2010 and each fiscal (2) MATTERS STUDIED.—The matters studied U.S.C. 1396 et seq.) and State child health year thereafter. by the Secretary under paragraph (1) shall plans under title XXI of such Act (42 U.S.C. ‘‘SEC. 399V. DRIVER’S LICENSE ADVANCE DIREC- include issues concerning— 1397aa et seq.), on or after such date as the TIVE NOTATION. (A) family satisfaction that a patient’s Secretary specifies, but in no case may such ‘‘(a) IN GENERAL.—Beginning July 1, 2010, wishes, as stated in the patient’s advance di- date be later than 1 year after the date of en- the Secretary, acting through the Director rective, were carried out; actment of this Act. of the Centers for Disease Control and Pre- (B) the portability of advance directives, (2) EXTENSION OF EFFECTIVE DATE FOR vention, shall award grants on a competitive including cases involving the transfer of an STATE LAW AMENDMENT.—In the case of a basis to States to establish and operate a individual from 1 health care setting to an- State plan under title XIX of the Social Se- mechanism for a State resident with a driv- other; curity Act or a State child health plan under er’s license to include a notice of the exist- (C) immunity from civil liability and title XXI of such Act which the Secretary ence of an advance directive for such resi- criminal responsibility for health care pro- determines requires State legislation in dent on such license. viders that follow the instructions in an in- order for the plan to meet the additional re- ‘‘(b) ELIGIBILITY.—To be eligible to receive dividual’s advance directive that was validly quirements imposed by the amendments a grant under this section, a State shall— executed in, and consistent with the laws of, made by subsections (b) and (c), the State ‘‘(1) establish and operate a State advance the State in which it was executed; plan shall not be regarded as failing to com- directive registry under section 399U; and (D) conditions under which an advance di- ply with the requirements of such title sole- ‘‘(2) submit to the Director an application rective is operative; ly on the basis of its failure to meet these at such time, in such manner, and con- (E) revocation of an advance directive by additional requirements before the first day taining— an individual; of the first calendar quarter beginning after ‘‘(A) a plan that includes a description of (F) the criteria used by States for deter- the close of the first regular session of the how the State will— mining that an individual has a terminal State legislature that begins after the date ‘‘(i) disseminate information about ad- condition; of enactment of this Act. For purposes of the vance directives at the time of driver’s li- (G) surrogate decisionmaking regarding previous sentence, in the case of a State that cense application or renewal; end-of-life care;

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00101 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5868 CONGRESSIONAL RECORD — SENATE May 21, 2009 (H) the provision of adequate palliative (2) by adding at the end the following new Such consultation shall include the fol- care (as defined in paragraph (3)), including clause: lowing: pain management; ‘‘(iii) INCREASE ALLOWED FOR PALLIATIVE ‘‘(A) An explanation by the practitioner of (I) adequate and timely referrals to hospice MEDICINE FELLOWSHIP TRAINING.—For cost re- advance care planning, including key ques- care programs; and porting periods beginning on or after Janu- tions and considerations, important steps, (J) the end-of-life care needs of children ary 1, 2011, in applying clause (i), there shall and suggested people to talk to. and their families. not be taken into account full-time equiva- ‘‘(B) An explanation by the practitioner of (3) PALLIATIVE CARE.—For purposes of lent residents in the field of allopathic or os- advance directives, including living wills and paragraph (2)(H), the term ‘‘palliative care’’ teopathic medicine who are in palliative durable powers of attorney, and their uses. means interdisciplinary care for individuals medicine fellowship training that is ap- ‘‘(C) An explanation by the practitioner of with a life-threatening illness or injury re- proved by the Accreditation Council for the role and responsibilities of a health care lating to pain and symptom management Graduate Medical Education.’’. proxy. and psychological, social, and spiritual needs (b) INDIRECT MEDICAL EDUCATION.—Section ‘‘(D) The provision by the practitioner of a and that seeks to improve the quality of life 1886(d)(5)(B) of the Social Security Act (42 list of national and State-specific resources for the individual and the individual’s fam- U.S.C. 1395ww(d)(5)(B)) is amended by adding to assist consumers and their families with ily. at the end the following new clause: advance care planning, including the na- (b) REPORT TO CONGRESS.—Not later than ‘‘(x) Clause (iii) of subsection (h)(4)(F) shall tional toll-free hotline, the advance care 18 months after the date of enactment of this apply to clause (v) in the same manner and planning clearinghouses, and State legal Act, the Secretary shall submit to Congress for the same period as such clause (iii) ap- service organizations (including those funded a report on the study conducted under sub- plies to clause (i) of such subsection.’’. through the Older Americans Act). section (a), together with recommendations ‘‘(E) An explanation by the practitioner of for such legislation and administrative ac- SEC. 203. MEDICAL SCHOOL CURRICULA. (a) IN GENERAL.—The Secretary, in con- the continuum of end-of-life services and tions as the Secretary considers appropriate. supports available, including palliative care (c) CONSULTATION.—In conducting the sultation with the Association of American and hospice, and benefits for such services study and developing the report under this Medical Colleges, shall establish guidelines section, the Secretary shall consult with the for the imposition by medical schools of a and supports that are available under this Uniform Law Commissioners, and other in- minimum amount of end-of-life training as a title. terested parties. requirement for obtaining a Doctor of Medi- ‘‘(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining TITLE II—COMPASSIONATE CARE cine degree in the field of allopathic or osteopathic medicine. treatment or similar orders, which shall in- Subtitle A—Workforce Development (b) TRAINING.—Under the guidelines estab- clude— PART I—EDUCATION AND TRAINING lished under subsection (a), minimum train- ‘‘(I) the reasons why the development of SEC. 201. NATIONAL GERIATRIC AND PALLIATIVE ing shall include— such an order is beneficial to the individual CARE SERVICES CORPS. (1) training in how to discuss and help pa- and the individual’s family and the reasons Section 331 of the Public Health Service tients and their loved ones with advance care why such an order should be updated periodi- Act (42 U.S.C. 254d) is amended— planning; cally as the health of the individual changes; (1) by redesignating subsection (j) as sub- (2) with respect to students and trainees ‘‘(II) the information needed for an indi- section (k); and who will work with children, specialized pe- vidual or legal surrogate to make informed (2) by inserting after subsection (i), the fol- diatric training; decisions regarding the completion of such lowing: (3) training in the continuum of end-of-life an order; and ‘‘(j) NATIONAL GERIATRIC AND PALLIATIVE services and supports, including palliative ‘‘(III) the identification of resources that CARE SERVICES CORPS.— care and hospice; an individual may use to determine the re- ‘‘(1) ESTABLISHMENT.—Not later than Janu- (4) training in how to discuss end-of-life quirements of the State in which such indi- ary 1, 2012, the Secretary shall establish care with dying patients and their loved vidual resides so that the treatment wishes within the National Health Service Corps a ones; and of that individual will be carried out if the National Geriatric and Palliative Care Serv- (5) medical and legal issues training. individual is unable to communicate those ices Corps (referred to in this subsection as (c) DISTRIBUTION.—Not later than January wishes, including requirements regarding the the ‘Corps’) which shall consist of— 1, 2011, the Secretary shall disseminate the designation of a surrogate decisionmaker ‘‘(A) such officers of the Regular and Re- guidelines established under subsection (a) (also known as a health care proxy). serve Corps of the Service as the Secretary to medical schools. ‘‘(ii) The Secretary may limit the require- may designate; (d) COMPLIANCE.—Effective beginning not ment for explanations under clause (i) to ‘‘(B) such civilian employees of the United later than July 1, 2012, a medical school that consultations furnished in States, localities, States as the Secretary may appoint; and is receiving Federal assistance shall be re- or other geographic areas in which orders de- ‘‘(C) such other individuals who are not quired to implement the guidelines estab- scribed in such clause have been widely employees of the United States. lished under subsection (a). A medical school adopted. ‘‘(2) DUTIES.—The Corps shall be utilized by that the Secretary determines is not imple- ‘‘(2) A practitioner described in this para- the Secretary to provide geriatric and pallia- menting such guidelines shall not be eligible graph is— tive care services within health professional for Federal assistance. ‘‘(A) a physician (as defined in subsection shortage areas. (r)(1)); and Subtitle B—Coverage Under Medicare, ‘‘(3) APPLICATION OF PROVISIONS.—The loan- ‘‘(B) a nurse practitioner or physician’s as- Medicaid, and CHIP forgiveness, scholarship, and direct financial sistant who has the authority under State incentives programs provided for under this PART I—COVERAGE OF ADVANCE CARE law to sign orders for life sustaining treat- section shall apply to physicians, nurses, and PLANNING ments. other health professionals (as identified by SEC. 211. MEDICARE, MEDICAID, AND CHIP COV- ‘‘(3)(A) An initial preventive physical ex- the Secretary) with respect to the training ERAGE. amination under subsection (ww), including necessary to enable such individuals to be- (a) MEDICARE.— any related discussion during such examina- come geriatric or palliative care specialists (1) IN GENERAL.—Section 1861 of the Social tion, shall not be considered an advance care and provide geriatric and palliative care Security Act (42 U.S.C. 1395x) is amended— planning consultation for purposes of apply- services in health professional shortage (A) in subsection (s)(2)— ing the 5-year limitation under paragraph areas. (i) by striking ‘‘and’’ at the end of subpara- (1). ‘‘(4) REPORT.—Not later than 6 months graph (DD); ‘‘(B) An advance care planning consulta- prior to the date on which the Secretary es- (ii) by adding ‘‘and’’ at the end of subpara- tion with respect to an individual shall be tablishes the Corps under paragraph (1), the graph (EE); and conducted more frequently than provided Secretary shall submit to Congress a report (iii) by adding at the end the following new under paragraph (1) if there is a significant concerning the organization of the Corps, the subparagraph: change in the health condition of the indi- application process for membership in the ‘‘(FF) advance care planning consultation vidual, including diagnosis of a chronic, pro- Corps, and the funding necessary for the (as defined in subsection (hhh)(1));’’; and gressive, life-limiting disease, a life-threat- Corps (targeted by profession and by spe- (B) by adding at the end the following new ening or terminal diagnosis or life-threat- cialization).’’. subsection: ening injury, or upon admission to a skilled nursing facility, a long-term care facility (as SEC. 202. EXEMPTION OF PALLIATIVE MEDICINE ‘‘Advance Care Planning Consultation FELLOWSHIP TRAINING FROM MEDI- defined by the Secretary), or a hospice pro- CARE GRADUATE MEDICAL EDU- ‘‘(hhh)(1) Subject to paragraphs (3) and (4), gram. CATION CAPS. the term ‘advance care planning consulta- ‘‘(4) A consultation under this subsection (a) DIRECT GRADUATE MEDICAL EDU- tion’ means a consultation between the indi- may include the formulation of an order re- CATION.—Section 1886(h)(4)(F) of the Social vidual and a practitioner described in para- garding life sustaining treatment or a simi- Security Act (42 U.S.C. 1395ww(h)(4)(F)) is graph (2) regarding advance care planning, if, lar order. amended— subject to subparagraphs (A) and (B) of para- ‘‘(5)(A) For purposes of this section, the (1) in clause (i), by inserting ‘‘clause (iii) graph (3), the individual involved has not had term ‘order regarding life sustaining treat- and’’ after ‘‘subject to’’; and such a consultation within the last 5 years. ment’ means, with respect to an individual,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00102 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5869 an actionable medical order relating to the ‘‘(y)(1) For purposes of subsection (a)(28), (c) CHIP.— treatment of that individual that— the term ‘advance care planning consulta- (1) CHILD HEALTH ASSISTANCE.—Section ‘‘(i) is signed and dated by a physician (as tion’ means a consultation between the indi- 2110(a) of the Social Security Act (42 U.S.C. defined in subsection (r)(1)) or another vidual and a practitioner described in para- 1397jj) is amended— health care professional (as specified by the graph (2) regarding advance care planning, if, (A) by redesignating paragraph (28) as Secretary and who is acting within the scope subject to paragraph (3), the individual in- paragraph (29); and of the professional’s authority under State volved has not had such a consultation with- (B) by inserting after paragraph (27), the law in signing such an order) and is in a form in the last 5 years. Such consultation shall following: that permits it to stay with the patient and include the following: ‘‘(28) Advance care planning consultations be followed by health care professionals and ‘‘(A) An explanation by the practitioner of (as defined in section 1905(y)).’’. providers across the continuum of care, in- advance care planning, including key ques- (2) MANDATORY COVERAGE.— cluding home care, hospice, long-term care, tions and considerations, important steps, (A) IN GENERAL.—Section 2103 of such Act community and assisted living residences, and suggested people to talk to. (42 U.S.C. 1397cc), is amended— skilled nursing facilities, inpatient rehabili- ‘‘(B) An explanation by the practitioner of (i) in subsection (a), in the matter pretation facilities, hospitals, and emergency advance directives, including living wills and ceding paragraph (1), by striking ‘‘and (7)’’ medical services; durable powers of attorney, and their uses. and inserting ‘‘(7), and (9)’’; and ‘‘(ii) effectively communicates the individ- ‘‘(C) An explanation by the practitioner of (ii) in subsection (c), by adding at the end ual’s preferences regarding life sustaining the role and responsibilities of a health care the following: treatment, including an indication of the proxy. ‘‘(9) END-OF-LIFE CARE.—The child health treatment and care desired by the individual; ‘‘(D) The provision by the practitioner of a assistance provided to a targeted low-income ‘‘(iii) is uniquely identifiable and standard- list of national and State-specific resources child shall include coverage of advance care ized within a given locality, region, or State to assist consumers and their families with planning consultations (as defined in section (as identified by the Secretary); advance care planning, including the na- 1905(y) and at the same payment rate as the ‘‘(iv) is portable across care settings; and tional toll-free hotline, the advance care rate that would apply to such a consultation ‘‘(v) may incorporate any advance direc- planning clearinghouses, and State legal under the State plan under title XIX).’’. tive (as defined in section 1866(f)(3)) if exe- service organizations (including those funded (B) CONFORMING AMENDMENT.—Section cuted by the individual. through the Older Americans Act). 2102(a)(7)(B) of such Act (42 U.S.C. ‘‘(B) The level of treatment indicated ‘‘(E) An explanation by the practitioner of 1397bb(a)(7)(B)) is amended by striking ‘‘sec- under subparagraph (A)(ii) may range from the continuum of end-of-life services and tion 2103(c)(5)’’ and inserting ‘‘paragraphs (5) an indication for full treatment to an indica- supports available, including palliative care and (9) of section 2103(c)’’. tion to limit some or all or specified inter- and hospice, and benefits for such services (d) DEFINITION OF ADVANCE DIRECTIVE ventions. Such indicated levels of treatment and supports that are available under this UNDER MEDICARE, MEDICAID, AND CHIP.— may include indications respecting, among title. (1) MEDICARE.—Section 1866(f)(3) of the So- other items— ‘‘(F)(i) Subject to clause (ii), an expla- cial Security Act (42 U.S.C. 1395cc(f)(3)) is ‘‘(i) the intensity of medical intervention nation of orders for life sustaining treat- amended by striking ‘‘means’’ and all that if the patient is pulseless, apneic, or has seri- ments or similar orders, which shall in- follows through the period and inserting ous cardiac or pulmonary problems; clude— ‘‘means a living will, medical directive, ‘‘(ii) the individual’s desire regarding ‘‘(I) the reasons why the development of health care power of attorney, durable power transfer to a hospital or remaining at the such an order is beneficial to the individual of attorney, or other written statement by a current care setting; and the individual’s family and the reasons competent individual that is recognized ‘‘(iii) the use of antibiotics; and why such an order should be updated periodi- under State law and indicates the individ- ‘‘(iv) the use of artificially administered cally as the health of the individual changes; ual’s wishes regarding medical treatment in nutrition and hydration.’’. ‘‘(II) the information needed for an indi- the event of future incompetence. Such term (2) PAYMENT.—Section 1848(j)(3) of the So- vidual or legal surrogate to make informed includes an advance health care directive cial Security Act (42 U.S.C. 1395w–4(j)(3)) is decisions regarding the completion of such and a health care directive recognized under amended by inserting ‘‘(2)(FF),’’ after an order; and State law.’’. ‘‘(2)(EE),’’. ‘‘(III) the identification of resources that (2) MEDICAID AND CHIP.—Section 1902(w)(4) (3) FREQUENCY LIMITATION.—Section 1862(a) an individual may use to determine the re- of such Act (42 U.S.C. 1396a(w)(4)) is amended of the Social Security Act (42 U.S.C. quirements of the State in which such indi- by striking ‘‘means’’ and all that follows 1395y(a)(1)) is amended— vidual resides so that the treatment wishes through the period and inserting ‘‘means a (A) in paragraph (1)— of that individual will be carried out if the living will, medical directive, health care (i) in subparagraph (N), by striking ‘‘and’’ individual is unable to communicate those power of attorney, durable power of attor- at the end; wishes, including requirements regarding the ney, or other written statement by a com- (ii) in subparagraph (O) by striking the designation of a surrogate decisionmaker petent individual that is recognized under semicolon at the end and inserting ‘‘, and’’; (also known as a health care proxy). State law and indicates the individual’s and ‘‘(ii) The Secretary may limit the require- wishes regarding medical treatment in the (iii) by adding at the end the following new ment for explanations under clause (i) to event of future incompetence. Such term in- subparagraph: consultations furnished in States, localities, cludes an advance health care directive and ‘‘(P) in the case of advance care planning or other geographic areas in which orders de- a health care directive recognized under consultations (as defined in section scribed in such clause have been widely State law.’’. 1861(hhh)(1)), which are performed more fre- adopted. (e) EFFECTIVE DATE.—The amendments quently than is covered under such section;’’; ‘‘(2) A practitioner described in this para- made by this section take effect January 1, and graph is— 2010. ‘‘(A) a physician (as defined in section (B) in paragraph (7), by striking ‘‘or (K)’’ PART II—HOSPICE and inserting ‘‘(K), or (P)’’. 1861(r)(1)); and ‘‘(B) a nurse practitioner or physician’s as- SEC. 221. ADOPTION OF MEDPAC HOSPICE PAY- (4) EFFECTIVE DATE.—The amendments sistant who has the authority under State MENT METHODOLOGY REC- made by this subsection shall apply to con- OMMENDATIONS. law to sign orders for life sustaining treat- sultations furnished on or after January 1, Section 1814(i) of the Social Security Act 2011. ments. ‘‘(3) An advance care planning consultation (42 U.S.C. 1395f(i)) is amended by adding at (b) MEDICAID.— with respect to an individual shall be con- the end the following new paragraph: (1) MANDATORY BENEFIT.—Section ducted more frequently than provided under ‘‘(6)(A) The Secretary shall conduct an 1902(a)(10)(A) of the Social Security Act (42 paragraph (1) if there is a significant change evaluation of the recommendations of the U.S.C. 1396a(a)(10)(A)) is amended in the mat- in the health condition of the individual in- Medicare Payment Commission for reform- ter preceding clause (i) by striking ‘‘and cluding diagnosis of a chronic, progressive, ing the hospice care benefit under this title (21)’’ and inserting ‘‘, (21), and (28)’’. life-limiting disease, a life-threatening or that are contained in chapter 6 of the Com- (2) MEDICAL ASSISTANCE.—Section 1905 of terminal diagnosis or life-threatening in- mission’s report entitled ‘Report to Con- such Act (42 U.S.C. 1396d) is amended— jury, or upon admission to a nursing facility, gress: Medicare Payment Policy (March (A) in subsection (a)— a long-term care facility (as defined by the 2009)’, including the impact that such rec- (i) in paragraph (27), by striking ‘‘and’’ at Secretary), or a hospice program. ommendations if implemented would have on the end; ‘‘(4) A consultation under this subsection access to care and the quality of care. In (ii) by redesignating paragraph (28) as may include the formulation of an order re- conducting such evaluation, the Secretary paragraph (29); and garding life sustaining treatment or a simi- shall take into account data collected in ac- (iii) by inserting after paragraph (27) the lar order. cordance with section 263(b) of the Advance following new paragraph: ‘‘(5) For purposes of this subsection, the Planning and Compassionate Care Act of ‘‘(28) advance care planning consultations term ‘orders regarding life sustaining treat- 2009. (as defined in subsection (y));’’; and ment’ has the meaning given that term in ‘‘(B) Based on the results of the examina- (B) by adding at the end the following: section 1861(hhh)(5).’’. tion conducted under subparagraph (A), the

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Secretary shall make appropriate refine- (C) by inserting after paragraph (73) the (1) IN GENERAL.—Section 1812 of the Social ments to the recommendations described in following new paragraph: Security Act (42 U.S.C. 1395d) is amended— subparagraph (A). Such refinements shall ‘‘(74) provide that the State will make pay- (A) in subsection (a)(4), by inserting ‘‘(sub- take into account— ments for room and board with respect to ap- ject to the second sentence of subsection ‘‘(i) the impact on patient populations with plicable individuals in accordance with sec- (d)(2)(A))’’ after ‘‘in lieu of certain other ben- longer that average lengths of stay; tion 1888(f).’’. efits’’; and ‘‘(ii) the impact on populations with short- (2) EFFECTIVE DATE.— (B) in subsection (d)— er that average lengths of stay; and (A) IN GENERAL.—Except as provided in (i) in paragraph (1), by inserting ‘‘ , subject ‘‘(iii) the utilization patterns of hospice subparagraph (B), the amendments made by to the second sentence of paragraph (2)(A),’’ providers in underserved areas, including paragraph (1) take effect on January 1, 2011. after ‘‘instead’’; and rural hospices. (B) EXTENSION OF EFFECTIVE DATE FOR (ii) in paragraph (2)(A), by adding at the ‘‘(C) Not later than January 1, 2013, the STATE LAW AMENDMENT.—In the case of a end the following new sentence: ‘‘Clause Secretary shall submit to Congress a report State plan under title XIX of the Social Se- (ii)(I) shall not apply to an individual who is that contains a detailed description of— curity Act (42 U.S.C. 1396 et seq.) which the 18 years of age or younger.’’ ‘‘(i) the refinements determined appro- Secretary determines requires State legisla- (2) CONFORMING AMENDMENT.—Section priate by the Secretary under subparagraph tion in order for the plan to meet the addi- 1862(a)(1)(C) of the Social Security Act (42 (B); tional requirements imposed by the amend- U.S.C. 1395y(a)(1)(C)) is amended inserting ‘‘(ii) the revisions that the Secretary will ments made by paragraph (1), the State plan ‘‘subject to the second sentence of section implement through regulation under this shall not be regarded as failing to comply 1812(d)(2)(A),’’ after ‘‘hospice care,’’. title pursuant to subparagraph (D); and with the requirements of such title solely on (b) APPLICATION TO MEDICAID AND CHIP.— ‘‘(iii) the revisions that the Secretary de- the basis of its failure to meet these addi- (1) MEDICAID.—Section 1905(o)(1)(A) of the termines require additional legislative ac- tional requirements before the first day of Social Security Act (42 U.S.C. 1395d(o)(1)(A)) tion by Congress. the first calendar quarter beginning after the is amended by inserting ‘‘(subject, in the ‘‘(D)(i) The Secretary shall implement the close of the first regular session of the State case of an individual who is a child, to the recommendations described in subparagraph legislature that begins after the date of en- second sentence of such section)’’ after ‘‘sec- (A), as refined under subparagraph (B). actment of this Act. For purposes of the pre- tion 1812(d)(2)(A)’’. ‘‘(ii) Subject to clause (iii), the implemen- vious sentence, in the case of a State that (2) CHIP.—Section 2110(a)(23) of the Social tation of such recommendations shall apply has a 2-year legislative session, each year of Security Act (42 U.S.C. 1397jj(a)(23)) is to hospice care furnished on or after January the session is considered to be a separate amended by inserting ‘‘(concurrent, in the 1, 2014. regular session of the State legislature. case of an individual who is a child, with ‘‘(iii) The Secretary shall establish an ap- SEC. 224. DELINEATION OF RESPECTIVE CARE care related to the treatment of the individ- propriate transition to the implementation RESPONSIBILITIES OF HOSPICE ual’s condition with respect to which a diag- of such recommendations. PROGRAMS AND LONG-TERM CARE nosis of terminal illness has been made)’’ ‘‘(E) For purposes of carrying out the pro- FACILITIES. after ‘‘hospice care’’. visions of this paragraph, the Secretary shall Section 1888 of the Social Security Act (42 (c) EFFECTIVE DATE.—The amendments provide for the transfer, from the Federal U.S.C. 1395yy), as amended by section 223(a), made by this section shall apply to items Hospital Insurance Trust Fund under section is amended by adding at the end the fol- and services furnished on or after January 1, 1817, of such sums as may be necessary to the lowing new subsection: 2011. ‘‘(g) DELINEATION OF RESPECTIVE CARE RE- Centers for Medicare & Medicaid Services SEC. 227. MAKING HOSPICE A REQUIRED BEN- SPONSIBILITIES OF HOSPICE PROGRAMS AND Program Management Account.’’. EFIT UNDER MEDICAID AND CHIP. LONG-TERM CARE FACILITIES.—Not later than (a) MANDATORY BENEFIT.— SEC. 222. REMOVING HOSPICE INPATIENT DAYS July 1, 2011, the Secretary, acting through IN SETTING PER DIEM RATES FOR (1) MEDICAID.— CRITICAL ACCESS HOSPITALS. the Administrator of the Centers for Medi- (A) IN GENERAL.—Section 1902(a)(10)(A) of Section 1814(l) of the Social Security Act care & Medicaid Services, shall delineate and the Social Security Act (42 U.S.C. (42 U.S.C. 1395f(l)), as amended by section enforce the respective care responsibilities of 1396a(a)(10)(A)), as amended by section 4102(b)(2) of the HITECH Act (Public Law hospice programs and long-term care facili- 211(b)(1), is amended in the matter preceding 111–5), is amended by adding at the end the ties (as defined by the Secretary for purposes clause (i) by inserting ‘‘(18),’’ after ‘‘(17),’’. following new paragraph: of title XIX) with respect to individuals re- (B) CONFORMING AMENDMENT.—Section ‘‘(6) For cost reporting periods beginning siding in such facilities who are furnished 1902(a)(10)(C) of such Act (42 U.S.C. on or after January 1, 2011, the Secretary hospice care.’’. 1396a(a)(10)(C)) is amended— shall remove Medicare-certified hospice in- SEC. 225. ADOPTION OF MEDPAC HOSPICE PRO- (i) in clause (iii)— patient days from the calculation of per GRAM ELIGIBILITY CERTIFICATION (I) in subclause (I), by inserting ‘‘and hos- diem rates for inpatient critical access hos- AND RECERTIFICATION REC- pice care’’ after ‘‘ambulatory services’’; and OMMENDATIONS. pital services.’’. (II) in subclause (II), by inserting ‘‘and hos- In accordance with the recommendations pice care’’ after ‘‘delivery services’’; and SEC. 223. HOSPICE PAYMENTS FOR DUAL ELIGI- of the Medicare Payment Advisory Commis- BLE INDIVIDUALS RESIDING IN (ii) in clause (iv), by inserting ‘‘and (18)’’ sion contained in the March 2009 report enti- LONG-TERM CARE FACILITIES. after ‘‘(17)’’. tled ‘‘Report to Congress: Medicare Payment (a) IN GENERAL.—Section 1888 of the Social (2) CHIP.—Section 2103(c)(9) of such Act (42 Policy’’, section 1814(a)(7) of the Social Secu- Security Act (42 U.S.C. 1395yy) is amended U.S.C. 1397cc(c)(9))), as added by section rity Act (42 U.S.C. 1395f(a)(7)) is amended— by adding at the end the following new sub- 211(c)(2)(A), is amended by inserting ‘‘and (1) in subparagraph (B), by striking ‘‘and’’ section: hospice care’’ before the period. ‘‘(f) PAYMENTS FOR DUAL ELIGIBLE INDIVID- at the end; and (b) EFFECTIVE DATE.—The amendments UALS RESIDING IN LONG-TERM CARE FACILI- (2) by adding at the end the following new made subsection (a) take effect on January 1, TIES.—For cost reporting periods beginning subparagraph: 2011. on or after January 1, 2011, the Secretary, ‘‘(D) on or after January 1, 2011— SEC. 228. MEDICARE HOSPICE PAYMENT MODEL acting through the Administrator of the ‘‘(i) a hospice physician or advance prac- DEMONSTRATION PROJECTS. Centers for Medicare & Medicaid Services, tice nurse visits the individual to determine (a) ESTABLISHMENT.—Not later than July 1, shall establish procedures under which pay- continued eligibility of the individual for 2012, the Secretary, acting through the Ad- ments for room and board under the State hospice care prior to the 180th-day recertifi- ministrator of the Centers for Medicare & Medicaid plan with respect to an applicable cation and each subsequent recertification Medicaid Services and the Director of the individual are made directly to the long- under subparagraph (A)(ii) and attests that Agency for Healthcare Research and Quality, term care facility (as defined by the Sec- such visit took place (in accordance with shall conduct demonstration projects to ex- retary for purposes of title XIX) the indi- procedures established by the Secretary, in amine ways to improve how the Medicare vidual is a resident of. For purposes of the consultation with the Administrator of the hospice care benefit predicts disease trajec- preceding sentence, the term ‘applicable in- Centers for Medicare & Medicaid Services); tory. Projects shall include the following dividual’ means an individual who is entitled and models: to or enrolled for benefits under part A or ‘‘(ii) any certification or recertification (1) Models that better and more appro- enrolled for benefits under part B and is eli- under subparagraph (A) includes a brief nar- priately care for, and transition as needed, gible for medical assistance for hospice care rative describing the clinical basis for the in- patients in their last years of life who need under a State plan under title XIX.’’. dividual’s prognosis (in accordance with pro- palliative care, but do not qualify for hospice (b) STATE PLAN REQUIREMENT.— cedures established by the Secretary, in con- care under the Medicare hospice eligibility (1) IN GENERAL.—Section 1902(a) of the So- sultation with the Administrator of the Cen- criteria. cial Security Act (42 U.S.C. 1396a(a)) is ters for Medicare & Medicaid Services); (2) Models that better and more appro- amended— and’’. priately care for long-term patients who are (A) in paragraph (72), by striking ‘‘and’’ at SEC. 226. CONCURRENT CARE FOR CHILDREN. not recertified in hospice but still need pal- the end; (a) PERMITTING MEDICARE HOSPICE BENE- liative care. (B) in paragraph (73), by striking the pe- FICIARIES 18 YEARS OF AGE OR YOUNGER TO (3) Any other models determined appro- riod at the end and inserting ‘‘; and’’; and RECEIVE CURATIVE CARE.— priate by the Secretary.

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(b) WAIVER AUTHORITY.—The Secretary conduct an evaluation of geographic areas (A) April 1, 2011, the Secretary shall dis- may waive compliance of such requirements and populations underserved by hospice and seminate the reporting requirements to all of titles XI and XVIII of the Social Security hospital-based palliative care to identify po- affected providers; and Act as the Secretary determines necessary tential barriers to access. (B) April 1, 2012, initial reporting relating to conduct the demonstration projects under (2) REPORT.—Not later than December 31, to the measures shall begin. this section. 2012, the Secretary shall report to Congress, SEC. 243. ACCREDITATION OF HOSPITAL-BASED (c) REPORTS.—The Secretary shall submit on the evaluation conducted under sub- PALLIATIVE CARE PROGRAMS. to Congress periodic reports on the dem- section (a) together with recommendations (a) IN GENERAL.—The Secretary, acting onstration projects conducted under this sec- for such legislation and administrative ac- through the Director of the Agency for tion. tion as the Secretary determines appropriate Healthcare Research and Quality, shall des- SEC. 229. MEDPAC STUDIES AND REPORTS. to address barriers to access to hospice and ignate a public or private agency, entity, or (a) STUDY AND REPORT REGARDING AN AL- hospital-based palliative care. organization to develop requirements, stand- TERNATIVE PAYMENT METHODOLOGY FOR HOS- (b) EVALUATION OF AWARENESS AND USE OF ards, and procedures for accreditation of hos- PICE CARE UNDER THE MEDICARE PROGRAM.— HOSPICE RESPITE CARE UNDER MEDICARE, pital-based palliative care programs. (1) STUDY.—The Medicare Payment Advi- MEDICAID, AND CHIP.— (b) REPORTING.—Not later than January 1, sory Commission (in this section referred to (1) EVALUATION.—The Secretary, acting 2012, the Secretary shall prepare and submit as the ‘‘Commission’’) shall conduct a study through the Director of the Centers for Medi- a report to Congress on the proposed accredi- on the establishment of a reimbursement care and Medicaid Services, shall evaluate tation process for hospital-based palliative system for hospice care furnished under the the awareness and use of hospice respite care care programs. Medicare program that is based on diag- by informal caregivers of beneficiaries under (c) ACCREDITATION.—Not later than July 1, noses. In conducting such study, the Com- Medicare, Medicaid, and CHIP. 2012, the Secretary shall— mission shall use data collected under new (2) REPORT.—Not later than December 31, (1) establish and promulgate standards and provider data requirements. Such study shall 2010, the Secretary shall report to Congress, procedures for accreditation of hospital- include an analysis of the following: on the evaluation conducted under sub- based palliative care programs; and (A) Whether such a reimbursement system section (a) together with recommendations (2) designate an agency, entity, or organi- better meets patient needs and better cor- for such legislation and administrative ac- zation that shall be responsible for certifying responds with provider resource expenditures tion as the Secretary determines appropriate such programs in accordance with the stand- than the current system. to increase awareness or use of hospice res- ards established under paragraph (1). (d) DEFINITIONS.—For the purposes of this (B) Whether such a reimbursement system pite care under Medicare, Medicaid, and section: improves quality, including facilitating CHIP. (1) The term ‘‘hospital-based palliative standardization of care toward best practices Subtitle C—Quality Improvement care program’’ means a hospital-based pro- and diagnoses-specific clinical pathways in SEC. 241. PATIENT SATISFACTION SURVEYS. gram that is comprised of an interdiscipli- hospice. Not later than January 1, 2012, the Sec- nary team that specializes in providing pal- (C) Whether such a reimbursement system retary, acting through the Administrator of liative care services and consultations in a could address concerns about the blanket 6- the Centers for Medicare & Medicaid Serv- variety of health care settings, including month terminal prognosis requirement in ices, shall establish a mechanism for— hospitals, nursing homes, and home and hospice. (1) collecting information from patients (or community-based services. (D) Whether such a reimbursement system their health care proxies or families mem- (2) The term ‘‘interdisciplinary team’’ is more cost effective than the current sys- bers in the event patients are unable to means a group of health care professionals tem. speak for themselves) in relevant provider (consisting of, at a minimum, a doctor, a (E) Any other areas determined appro- settings regarding their care at the end of nurse, and a social worker) that have re- priate by the Commission. life; and ceived specialized training in palliative care. (2) REPORT.—Not later than June 15, 2013, (2) incorporating such information in a the Commission shall submit to Congress a SEC. 244. SURVEY AND DATA REQUIREMENTS timely manner into mechanisms used by the FOR ALL MEDICARE PARTICIPATING report on the study conducted under sub- Administrator to provide quality of care in- HOSPICE PROGRAMS. section (a) together with recommendations formation to consumers, including the Hos- (a) HOSPICE SURVEYS.—Section 1861(dd) of for such legislation and administrative ac- pital Compare and Nursing Home Compare the Social Security Act (42 U.S.C. 1395x(dd)) tion as the Commission determines appro- websites maintained by the Administrator. is amended by adding at the end the fol- priate. SEC. 242. DEVELOPMENT OF CORE END-OF-LIFE lowing new paragraph: (b) STUDY AND REPORT REGARDING RURAL CARE QUALITY MEASURES ACROSS ‘‘(6) In accordance with the recommenda- HOSPICE TRANSPORTATION COSTS UNDER THE EACH RELEVANT PROVIDER SET- tions of the Medicare Payment Advisory MEDICARE PROGRAM.— TING. Commission contained in the March 2009 re- (1) STUDY.—The Commission shall conduct (a) IN GENERAL.—The Secretary, acting port entitled ‘Report to Congress: Medicare a study on rural Medicare hospice transpor- through the Administrator of the Agency for Payment Policy’, the Secretary shall estab- tation mileage to determine potential Medi- Healthcare Research and Quality (in this lish, effective July 1, 2010, the following sur- care reimbursement changes to account for section referred to as the ‘‘Administrator’’) vey requirements for hospice programs: potential higher costs. and in consultation with the Director of the ‘‘(A) Any hospice program seeking initial (2) REPORT.—Not later than June 15, 2013, National Institutes of Health, shall require certification under this title on or after that the Commission shall submit to Congress a specific end-of-life quality measures for each date shall be subject to an initial survey by report on the study conducted under sub- relevant provider setting, as identified by an appropriate State or local agency, or an section (a) together with recommendations the Administrator, in accordance with the approved accreditation agency, not later for such legislation and administrative ac- requirements of subsection (b). than 6 months after the program first seeks tion as the Commission determines appro- (b) REQUIREMENTS.—For purposes of sub- such certification. priate. section (a), the requirements specified in ‘‘(B) All hospice programs certified for par- (c) EVALUATION OF REIMBURSEMENT DIS- this subsection are the following: ticipation under this title shall be subject to INCENTIVES TO ELECT MEDICARE HOSPICE (1) Selection of the specific measure or a standard survey by an appropriate State or WITHIN THE MEDICARE SKILLED NURSING FA- measures for an identified provider setting local agency, or an approved accreditation CILITY BENEFIT.— shall be— agency, at least every 3 years after initially (1) STUDY.—The Commission shall conduct (A) based on an assessment of what is like- being so certified.’’. a study to determine potential Medicare rely to have the greatest positive impact on (b) REQUIRED HOSPICE RESOURCE INPUTS imbursement changes to remove Medicare quality of end-of-life care in that setting; DATA.—Section 1861(dd) of the Social Secu- reimbursement disincentives for patients in and rity Act (42 U.S.C. 1395x(dd)), as amended by a skilled nursing facility who want to elect (B) made in consultation with affected pro- subsection (a), is amended— hospice. viders and public and private organizations, (1) in paragraph (3)— (2) REPORT.—Not later than June 15, 2013, that have developed such measures. (A) in subparagraph (F), by striking ‘‘and’’ the Commission shall submit to Congress a (2) The measures may be structure-ori- at the end; report on the study conducted under sub- ented, process-oriented, or outcome-ori- (B) by redesignating subparagraph (G) as section (a) together with recommendations ented, as determined appropriate by the Ad- subparagraph (H); and for such legislation and administrative ac- ministrator. (C) by inserting after subparagraph (F) the tion as the Commission determines appro- (3) The Administrator shall ensure that re- following new subparagraph: priate. porting requirements related to such meas- ‘‘(G) to comply with the reporting require- SEC. 230. HHS EVALUATIONS. ures are imposed consistent with other appli- ments under paragraph (7); and’’; and (a) EVALUATION OF ACCESS TO HOSPICE AND cable laws and regulations, and in a manner (2) by adding at the end the following new HOSPITAL-BASED PALLIATIVE CARE.— that takes into account existing measures, paragraph: (1) EVALUATION.—The Secretary, acting the needs of patient populations, and the ‘‘(7)(A) In accordance with the rec- through the Administrator of the Health Re- specific services provided. ommendations of the Medicare Payment Ad- sources and Services Administration, shall (4) Not later than— visory Commission for additional data (as

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GAO STUDY AND REPORT ON PROVIDER data with respect to each patient visit: ceived in the last year of life and in the last ADHERENCE TO ADVANCE DIREC- ‘‘(i) Visit type (such as admission, routine, week of life. TIVES. emergency, education for family, other). (G) Was he or she cared for by hospice, and Not later than January 1, 2012, the Comp- ‘‘(ii) Visit length. if so, when. troller General of the United States shall ‘‘(iii) Professional or paraprofessional dis- (H) Was he or she cared for by palliative conduct a study of the extent to which pro- ciplines involved in the visit, including care specialists, and if so, when. viders comply with advance directives under nurse, social worker, home health aide, phy- (I) Did he or she receive effective pain the Medicare and Medicaid programs and sician, nurse practitioner, chaplain or spir- management (if needed). shall submit a report to Congress on the re- itual counselor, counselor, dietician, phys- (J) What was the experience of the main sults of such study, together with such rec- ical therapist, occupational therapist, speech caregiver (including if such caregiver was ommendations for administrative or legisla- language pathologist, music or art therapist, the respondent), and whether he or she re- tive changes as the Comptroller General de- and including bereavement and support serv- ceived sufficient support in this role. termines appropriate. ices provided to a family after a patient’s (2) ADDITIONAL QUESTIONS.—Additional death. questions to be asked during the Survey By Mr. REID (for Mr. ROCKE- ‘‘(iv) Drugs and other therapeutic interven- shall be determined by the Director of the FELLER (for himself and Ms. tions provided. Centers for Disease Control and Prevention SNOWE)): ‘‘(v) Home medical equipment and other on an ongoing basis with input from relevant S. 1151. A bill to amend part A of medical supplies provided. research entities. ‘‘(B) In collecting the data required under title IV of the Social Security Act to SEC. 253. DEMONSTRATION PROJECTS FOR USE require the Secretary of Health and subparagraph (A), the Secretary shall ensure OF TELEMEDICINE SERVICES IN AD- that the data are reported in a manner that VANCE CARE PLANNING. Human Services to conduct research on allows for summarized cross-tabulations of (a) IN GENERAL.—Not later than July 1, indicators of child well-being; to the the data by patients’ terminal diagnoses, 2013, the Secretary shall establish a dem- Committee on Finance. lengths of stay, age, sex, and race.’’. onstration program to reimburse eligible en- Mr. ROCKEFELLER. Mr. President, Subtitle D—Additional Reports, Research, tities for costs associated with the use of today I am pleased to introduce with and Evaluations telemedicine services (including equipment my distinguished colleague Senator SEC. 251. NATIONAL CENTER ON PALLIATIVE AND and connection costs) to provide advance care planning consultations with geographi- OLYMPIA SNOWE, bipartisan legislation END-OF-LIFE CARE. known as the State Child Well-Being Part E of title IV of the Public Health cally distant physicians and their patients. Service Act (42 U.S.C. 287 et seq.) is amended (b) DURATION.—The demonstration project Research Act of 2009. Companion legis- by adding at the end the following: under this section shall be conducted for at lation has already been introduced in least a 3-year period. the House by Congressmen FATTAH and ‘‘Subpart 7—National Center on Palliative (c) DEFINITIONS.—For purposes of this sec- CAMP. This bill is designed to enhance and End-of-Life Care tion: ‘‘SEC. 485J. NATIONAL CENTER ON PALLIATIVE (1) The term ‘‘eligible entity’’ means a child well-being by requiring the Sec- AND END-OF-LIFE CARE. physician or an advance practice nurse who retary of Health and Human Services ‘‘(a) ESTABLISHMENT.—Not later than July provides services pursuant to a hospital- to facilitate the collection of state-spe- 1, 2011, there shall be established within the based palliative care program (as defined in cific data based on a defined set of indi- National Institutes of Health, a National section 262(d)(1)). cators. The well-being of children is Center on Palliative and End-of-Life Care (2) The term ‘‘geographically distant’’ has (referred to in this section as the ‘Center’). important to both national and State the meaning given that term by the Sec- ‘‘(b) PURPOSE.—The general purpose of the governments. Therefore, data collec- Center is to conduct and support research re- retary for purposes of conducting the dem- tion is a priority that cannot be ig- onstration program established under this lating to palliative and end-of-life care inter- nored if we hope to make informed de- ventions and approaches. section. (3) The term ‘‘telemedicine services’’ cisions on public policy. ‘‘(c) ACTIVITIES.—The Center shall— In 1996, Congress passed bold legisla- ‘‘(1) develop and continuously update a re- means a service or consultation provided via search agenda with the goal of— telecommunication equipment that allows tion, which I supported to dramatically ‘‘(A) providing a better biomedical under- an eligible entity to exchange or discuss change our welfare system. The driving standing of the end of life; and medical information with a patient or a force behind this reform was to pro- ‘‘(B) improving the quality of care and life health care professional at a separate loca- mote the work and self-sufficiency of at the end of life; and tion through real-time videoconferencing, or families and to provide the flexibility a similar format, for the purpose of pro- ‘‘(2) provide funding for peer-review-se- to States necessary to achieve these lected extra- and intra-mural research that viding health care diagnosis and treatment. (d) FUNDING.—There are authorized to be goals. States, which is where most includes the evaluation of existing, and the child and family legislation takes development of new, palliative and end-of- appropriated to the Secretary such sums as life care interventions and approaches.’’. may be necessary to carry out this section. place, have used this flexibility to de- SEC. 254. INSPECTOR GENERAL INVESTIGATION SEC. 252. NATIONAL MORTALITY FOLLOWBACK sign different programs that work bet- OF FRAUD AND ABUSE. SURVEY. ter for the families who rely on them. In accordance with the recommendations (a) IN GENERAL.—Not later than December The design and benefits available under 31, 2010, and annually thereafter, the Sec- of the Medicare Payment Advisory Commis- sion for additional data (as contained in the other programs that serve children, retary, acting through the Director of the ranging from the Children Health In- Centers for Disease Control and Prevention, March 2009 report entitled ‘‘Report to Con- shall renew and conduct the National Mor- gress: Medicare Payment Policy’’), the Sec- surance Program, CHIP, to child wel- tality Followback Survey (referred to in this retary shall direct the Office of the Inspector fare services, can vary widely among section as the ‘‘Survey’’) to collect data on General of the Department of Health and States. end-of-life care. Human Services to investigate, not later It is obvious that in order for policy (b) PURPOSE.—The purpose of the Survey than January 1, 2012, the following with re- makers to evaluate child well-being, shall be to gain a better understanding of spect to hospice benefit under Medicare, we need state-specific data on child current end-of-life care in the United States. Medicaid, and CHIP: (c) QUESTIONS.— (1) The prevalence of financial relation- well-being to measure the results. Cur- (1) IN GENERAL.—In conducting the Survey, ships between hospices and long-term care rent surveys provide minimal data on the Director of the Centers for Disease Con- facilities, such as nursing facilities and as- some important indicators of child trol and Prevention shall, at a minimum, insisted living facilities, that may represent a well-being, but insufficient data is clude the following questions with respect to conflict of interest and influence admissions available on low-income families, geo- the loved one of a respondent: to hospice. graphic variation, and young children. (A) Did he or she have an advance direc- (2) Differences in patterns of nursing home Additionally, the information is not tive, and if so, when it was completed. referrals to hospice. provided in a timely manner, which im- (B) Did he or she have an order for life-sus- (3) The appropriateness of enrollment prac- taining treatment, and if so, when was it tices for hospices with unusual utilization pedes legislators’ ability to effectively completed. patterns (such as high frequency of very long measure child well-being and design ef- (C) Did he or she have a durable power of stays, very short stays, or enrollment of pa- fective programs to support our chil- attorney, and if so, when it was completed. tients discharged from other hospices). dren.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00106 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5873 The State Child Well-Being Research (3) States, including small States, need in- the 50 States and the District of Columbia Act of 2009 is intended to fill this infor- formation about child well-being that is spe- only if technically feasible; mation gap by collecting up-to-date, cific to their State and that is up-to-date, ‘‘(iii) collected on an annual or ongoing State-specific data that can be used by cost-effective, and consistent across States basis; and over time. ‘‘(iv) measured with reliability; policymakers, researchers, and child (4) Regular collection of child well-being ‘‘(v) current; advocates to assess the well-being of information at the State level is essential so ‘‘(vi) over-sampled (if feasible), with re- children. As we strive to promote qual- that Federal and State officials can track spect to low-income children and families, so ity programs, we need basic bench- child well-being over time. that subgroup estimates can be produced by marks to measure outcomes. Our bill (5) Information on child well-being is nec- a variety of income categories (such as for would require that a survey examine essary for all States, particularly small 50, 100, and 200 percent of the poverty level, the physical and emotional health of States that do not have State-level data in and for children of varied ages, such as 0–5, children, adequately represent the ex- other federally supported databases. Infor- 6–11, 12–17, and (if feasible) 18–21 years of age); and periences of families in individual mation is needed on the well-being of all children, not just children participating in ‘‘(vii) made publicly available. states, be consistent across states, be Federal programs. ‘‘(C) OTHER REQUIREMENTS.— collected annually, articulate results (6) Telephone surveys of parents represent ‘‘(i) PUBLICATION.—The data collected with in easy to understand terms, and focus a relatively cost-effective strategy for ob- respect to the indicators developed under on low-income children and families. taining information on child well-being at subparagraph (A) shall be published as abso- This legislation also establishes an ad- the State level for all States, including lute numbers and expressed in terms of rates visory committee, consisting of a panel small States, and can be conducted alone or or percentages. in mixed mode strategy with other survey ‘‘(ii) AVAILABILITY OF DATA.—A data file of experts who specialize in survey shall be made available to the public, subject methodology and indicators of child techniques. (7) Data from telephone surveys of the pop- to confidentiality requirements, that in- well-being, and the application of this ulation are currently used to monitor cludes the indicators, demographic informa- data to ensure that the purpose is progress toward many important national tion, and ratios of income to poverty. being achieved. goals, including immunization of preschool ‘‘(iii) SAMPLE SIZES.—Sample sizes used for Further, this bill avoids some of the children with the National Immunization the collected data shall be adequate for problems in the current system by Survey, and the identification of health care microdata on the categories included in sub- making data files easier to use and issues of children with special needs with the paragraph (B)(vi) to be made publicly available, subject to confidentiality require- more readily available to the public. National Survey of Children with Special Health Care Needs. ments. As a result, the information will be ‘‘(D) CONSULTATION.— more useful for policy-makers man- (8) A State-level telephone survey, alone or in combination with other techniques, can ‘‘(i) IN GENERAL.—In developing the indica- aging welfare reform and programs for provide information on a range of topics, in- tors under subparagraph (A) and the means to collect the data required with respect to children and families. Finally, this leg- cluding children’s social and emotional de- the indicators, the Secretary shall consult islation also offers the potential for the velopment, education, health, safety, family and collaborate with a subcommittee of the Health and Human Service Department income, family employment, and child care. Federal Interagency Forum on Child and Information addressing marriage and family to partner with private charitable Family Statistics, which shall include rep- structure can also be obtained for families foundations, like the Annie E. Casey resentatives with expertise on all the do- with children. Information obtained from Foundations, which has already ex- mains of child well-being described in sub- such a survey would not be available solely pressed an interest in forming a part- paragraph (A). The subcommittee shall have for children or families participating in pro- appropriate staff assigned to work with the nership to provide outreach, support grams but would be representative of the en- and a guarantee that the data collected Maternal and Child Health Bureau during tire State population and consequently, the design phase of the survey. would be broadly disseminated. This would inform welfare policymaking on a ‘‘(ii) DUTIES.—The Secretary shall consult type of public-private partnership range of important issues, such as income with the subcommittee referred to in clause helps to leverage additional resources support, child care, child abuse and neglect, (i) with respect to the design, content, and for children and families and increases child health, family formation, and edu- methodology for the development of the in- the study’s impact. Given the tight cation. dicators under subparagraph (A) and the col- budget we face, partnerships make SEC. 3. RESEARCH ON INDICATORS OF CHILD lection of data regarding the indicators, and sense to meet this essential need. WELL-BEING. the availability or lack thereof of similar I hope my colleagues review this leg- Section 413 of the Social Security Act (42 data through other Federal data collection U.S.C. 613) is amended by adding at the end islation carefully and choose to sup- efforts. the following: ‘‘(iii) COSTS.—Costs incurred by the sub- port it so that Federal and state policy ‘‘(k) INDICATORS OF CHILD WELL-BEING.— committee with respect to the development makers and advocates have the infor- ‘‘(1) RENAMING OF SURVEY.—On and after of the indicators and the collection of data mation necessary to make good deci- the date of the enactment of this subsection, related to the indicators shall be treated as sions for children. the National Survey of Children’s Health costs of the survey. Mr. President, I ask unanimous con- conducted by the Director of the Maternal ‘‘(3) ADVISORY PANEL.— sent that the text of the bill be printed and Child Health Bureau of the Health Re- ‘‘(A) ESTABLISHMENT.—The Secretary, in in the RECORD. sources and Services Administration shall be consultation with the Federal Interagency There being no objection, the text of known as the ‘Survey of Children’s Health Forum on Child and Family Statistics, shall the bill was ordered to be printed in and Well-Being’. establish an advisory panel of experts to ‘‘(2) MODIFICATION OF SURVEY TO INCLUDE make recommendations regarding— the RECORD, as follows: MATTERS RELATING TO CHILD WELL-BEING.— ‘‘(i) the additional matters to be addressed S. 1151 The Secretary shall modify the survey so by the survey by reason of this subsection; Be it enacted by the Senate and House of Rep- that it may be used to better assess child and resentatives of the United States of America in well-being, as follows: ‘‘(ii) the methods, dissemination strate- Congress assembled, ‘‘(A) NEW INDICATORS INCLUDED.—The indi- gies, and statistical tools necessary to con- SECTION 1. SHORT TITLE. cators with respect to which the survey col- duct the survey as a whole. This Act may be cited as the ‘‘State Child lects information shall include measures of ‘‘(B) MEMBERSHIP.— Well-Being Research Act of 2009’’. child-well-being related to the following: ‘‘(i) IN GENERAL.—The advisory panel es- SEC. 2. FINDINGS. ‘‘(i) Education. tablished under subparagraph (A) of this Congress makes the following findings: ‘‘(ii) Social and emotional development. paragraph shall include experts on each of (1) The well-being of children is a para- ‘‘(iii) Physical and mental health and safe- the domains of child well-being described in mount concern for our Nation and for every ty. paragraph (2)(A), experts on child indicators, State, and most programs for children and ‘‘(iv) Family well-being, such as family experts from State agencies and from non- families are managed at the State or local structure, income, employment, child care profit organizations that use child indicator level. arrangements, and family relationships. data at the State level, and experts on sur- (2) Child well-being varies over time and ‘‘(B) COLLECTION REQUIREMENTS.—The data vey methodology. across social, economic, and geographic collected with respect to the indicators de- ‘‘(ii) DEADLINE.—The members of the advi- groups, and can be affected by changes in the veloped under subparagraph (A) shall be— sory panel shall be appointed not later than circumstances of families, by the economy, ‘‘(i) statistically representative at the 2 months after the date of the enactment of by the social and cultural environment, and State and national level; this subsection. by public policies and programs at the Fed- ‘‘(ii) consistent across States, except that ‘‘(C) MEETINGS.—The advisory panel estab- eral, State, and local level. data shall be collected in States other than lished under subparagraph (A) shall meet—

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00107 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5874 CONGRESSIONAL RECORD — SENATE May 21, 2009 ‘‘(i) at least 3 times during the first year care for their own health or a sick and medical and disability benefits. after the date of enactment of this sub- child means losing a much-needed pay- The lack of paid sick days also leads to section; and check, or even putting their jobs in higher employee turnover, especially ‘‘(ii) annually thereafter for the 4 suc- danger. In a recent survey, 1 in 6 work- for low-wage workers. When the bene- ceeding years. ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.— ers reported that they or a family fits of the Healthy Families Act are There are authorized to be appropriated for member have been fired, punished or weighed against its costs, providing each of fiscal years 2010 through 2014, threatened with termination for taking paid sick days will actually save Amer- $20,000,000 for the purpose of carrying out time off because of their own illness or ican businesses up to $9 billion a year this subsection.’’. to care for a sick relative. by eliminating these productivity SEC. 4. GAO REPORT ON COLLECTION AND RE- Workers can’t afford to take that losses and reducing turnover. PORTING OF DATA ON DEATHS OF kind of risk now. Losing even one pay- Above all, enabling workers to earn CHILDREN IN FOSTER CARE. check can mean falling behind on bills, paid sick time to care for themselves (a) IN GENERAL.—Within 1 year after the date of the enactment of this Act, the Comp- foregoing needed medicines, or skip- and their families is a matter of funda- troller General of the United States shall ping meals. As a result, many employ- mental fairness. Every worker has had conduct a study to determine, and submit to ees continue to go to work when they to miss days of work because of illness. the Congress a written report on the ade- are ill, and send their children to Every child gets sick and needs a par- quacy of, the methods of collecting and re- school or day care sick, because it’s the ent at home to take care of them. And porting data on deaths of children in the only way to make ends meet. all hardworking Americans deserve the child welfare system. The lack of paid sick day is not just chance to take care of their families (b) MATTERS TO BE CONSIDERED.—In the a crisis for individual families—it is a without putting their jobs or their study, the Comptroller General shall, for public health crisis as well. The cur- each year for which data are available, deter- health on the line. mine— rent flu outbreak provides a compel- It is long past time for our laws to (1) the number of children eligible for serv- ling illustration. To prevent the spread deal with these difficult choices that ices or benefits under part B or E of title IV of the virus, the World Health Organi- working men and women face every of the Social Security Act who States re- zation, the Center for Disease Control, day. As President Obama has said, ported as having died due to abuse or ne- and numerous state and local public ‘‘Nobody in America should have to glect; health officials urged people to stay choose between keeping their jobs and (2) the number of children so eligible who home from work or school if they flu- caring for a sick child.’’ I urge all of died due to abuse or neglect but were not ac- like symptoms. Strong scientific evi- counted for in State reports; and my colleagues to join in supporting the (3) the number of children in State child dence proves that this is one of the Healthy Families Act. welfare systems who died due to abuse or ne- best ways to prevent the spread of dis- f glect and whose deaths are not included in ease and protect the public health. the data described in paragraph (1) or (2). But without paid sick days, following SUBMITTED RESOLUTIONS (c) RECOMMENDATIONS.—In the report, the this sound advice is often impossible— Comptroller General shall include rec- millions of employees want to do the SENATE RESOLUTION 155—EX- ommendations on how surveys of children by right thing and stay home, but our cur- the Federal Government and by State gov- PRESSING THE SENSE OF THE rent laws just do not protect them. The SENATE THAT THE GOVERN- ernments can be improved to better capture Family and Medical Leave Act enables all data on the death of children in the child MENT OF THE PEOPLE’S REPUB- welfare system, so that the Congress can workers to take time off for serious LIC OF CHINA SHOULD IMME- work with the States to develop better poli- health conditions, but only about half DIATELY CEASE ENGAGING IN cies to improve the well-being of children of today’s workers are covered by the ACTS OF CULTURAL, LIN- and reduce child deaths. act, and millions more can not take ad- GUISTIC, AND RELIGIOUS SUP- vantage of it because this leave is un- PRESSION DIRECTED AGAINST By Mr. REID (for Mr. KENNEDY paid. THE UYGHUR PEOPLE (for himself, Mr. DODD, Mr. Hardworking Americans should not HARKIN, Ms. MIKULSKI, Mrs. have to make these impossible choices. Mr. BROWN (for himself and Mr. MURRAY, Mr. SANDERS, Mr. That’s why Senator DODD, Representa- INHOFE) submitted the following reso- BROWN, Mr. CASEY, Mr. INOUYE, tive ROSA DELAURO and I are intro- lution; which was referred to the Com- Mr. LEVIN, Mr. KERRY, Mr. ducing the Healthy Families Act, mittee on Foreign Relations: AKAKA, MRS. BOXER!, MR. FEIN- which will enable workers to take up S. RES. 155 GOLD, Mr. DURBIN, Mr. JOHNSON, to 56 hours, or about 7 days, of paid Whereas protecting the human rights of Mr. SCHUMER, Mr. LAUTENBERG, sick leave each year. Employees can minority groups is consistent with the ac- Mr. MENENDEZ, Mr. BURR, and use this time to stay home and get well tions of a responsible member of the inter- Mrs. GILLIBRAND)): when they are ill, to care for a sick national community; S. 1152. A bill to allow Americans to family member, to obtain preventive or Whereas recent actions taken against the earn paid sick time so that they can diagnostic treatment, or to seek help if Uyghur minority by authorities in the Peo- address their own health needs and the they are victims of domestic violence. ple’s Republic of China and, specifically, by health needs and the health needs of local officials in the Xinjiang Uyghur Auton- This important legislation will pro- omous Region, have included major viola- their families; to the Committee on vide needed security for working fami- tions of human rights and acts of cultural Health, Education, Labor, and Pen- lies struggling to balance the jobs they suppression; sions. need and the families they love. It will Whereas the authorities of the People’s Re- Mr. KENNEDY. Mr. President, in this improve public health and reduce public of China have manipulated the stra- turbulent economy, working families health costs by preventing the spread tegic objectives of the international war on are facing enormous challenges. Too of disease and giving employees the ac- terrorism to increase their cultural and reli- many families are living paycheck to cess they need to obtain preventive gious oppression of the Muslim population paycheck, just one layoff or health cri- residing in the Xinjiang Uyghur Autonomous care. It will also help victims of domes- Region; sis away from disaster. Now more than tic violence to protect their families Whereas an official campaign to encourage ever, workers are struggling to balance and their futures. the migration of Han Chinese people into the the demands of their jobs and their In addition, the legislation will ben- Xinjiang Uyghur Autonomous Region has re- families. When a sickness or health efit businesses by decreasing employee sulted in the Uyghur population becoming a problem arises, these challenges can turnover, and improving productivity. minority in the Uyghur traditional home- easily become insurmountable. ‘‘Presenteeism’’—sick workers coming land and has placed immense pressure on Unfortunately, almost half of all pri- to work and infecting their colleagues people and organizations that are seeking to vate sector workers—including 79 per- instead of staying at home—costs our preserve the linguistic, cultural, and religious traditions of the Uyghur people; cent of low-wage workers—have no economy $180 billion annually in lost Whereas, pursuant to a new policy of the paid sick days they can use to care for productivity. For employers, the cost Government of the People’s Republic of themselves or a sick family member. averages $255 per employee per year, China, young Uyghur women are recruited For these workers, taking a day off to and exceeds the cost of absenteeism and forcibly relocated to work in factories in

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00108 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5875 urban areas in far-off eastern provinces, re- Resolved, That the Senate recognizes that To be responsive, health care reform sulting in tens of thousands of Uyghur any efforts to reform our Nation’s health must address insurance affordability, women being separated from their families care system should include as an option the reliability, and insurance continuity. and placed into substandard working condi- establishment of a federally-backed insur- To achieve these goals, health care re- tions thousands of miles from their homes; ance pool to create options for American Whereas the legal system of the People’s consumers. form must provide Ohioans and every American with more options. People Republic of China is used as a tool of repres- Mr. BROWN. Mr. President, in my sion, including to arbitrarily detain and tor- should be able to choose whether to approaching 21⁄2 years in the Senate, I ture Uyghurs who have only voiced dis- keep the coverage they have or to pur- have held some 140 roundtables across content with the Government of the People’s chase coverage backed by the Federal my State—from Bryan, to Saint Republic of China; Government. Whereas the Government of the People’s Clairsville, to Ashtabula, to Cin- Republic of China continues to charge inno- cinnati—where I have had the oppor- A federally backed plan would pro- cent Uyghurs with political crimes and to tunity to listen to health care profes- vide continuity. It would be available impose the death penalty on those Uyghurs sionals and advocates and their fami- in every part of the country, no matter and other political dissidents, contrary to lies speak about their circumstances how rural, in western North Carolina international humanitarian standards; and struggles. Through these discus- or in southeast Ohio. Its benefits would Whereas the People’s Republic of China is implementing a monolingual Chinese lan- sions, one thing has become painfully be guaranteed, and its cost sharing guage education system that undermines the obvious: Health care reform must in- would be affordable because of the linguistic basis of Uyghur culture by clude insurance reform, and health in- problems of cost shifting—no ifs, no transitioning minority students from edu- surance reform must include the option ands, and no buts. A federally backed cation in their mother tongue to education of a federally backed health insurance plan would be an option but certainly in Chinese, shifting dramatically away from plan. That is why I am here today to not the only option. Americans who past policies that provided choice for the introduce a resolution, along with 26 of have employer-sponsored coverage Uyghur people; and my Senate colleagues, to express the would still have that coverage. Ameri- Whereas there have been recent armed crackdowns throughout the Xinjiang Uyghur importance of including a federally cans who have individual coverage Autonomous Region against the entire backed health insurance plan in health through a private insurer would still Uyghur population: Now, therefore, be it care reform. have that coverage. A federally backed Resolved, That it is the sense of the Senate As we work to reform our health care plan would be an option, not a man- that the Government of the People’s Repub- system, we must protect what works date. Some will choose it; others will lic of China should— and fix what is broken. It is important not. That is the kind of choice we ask (1) recognize, and seek to ensure, the lin- that we preserve access to employer- for. guistic, cultural, and religious rights of the Uyghur people of the Xinjiang Uyghur Au- sponsored coverage for those who want One reason such an option is impor- tonomous Region; to keep their current plan. That is tant is because hundreds of thousands (2) immediately release all Uyghur polit- what President Obama is insisting on. of Americans are losing their jobs and ical and religious prisoners that are being If you are satisfied, you keep what cov- have no affordable coverage option. held without good cause or evidence, wheth- erage you have. But with more and This would give them one. If you have er those prisoners are held in prisons or are more Americans losing jobs and seeing ever tried to purchase affordable cov- under house arrest; their health insurance scaled back, it erage in the individual insurance mar- (3) cease harassment and intimidation of is important that people have access to family members and innocent associates of ket—and I have—you understand why a peaceful Uyghur political activists; and something else. Americans deserve the federally backed insurance program is (4) immediately cease all Government- chance to go with a private or a feder- so important. If you live in a rural area sponsored violence and crackdowns against ally backed health insurance plan. It is where quality, affordable coverage is people in the Xinjiang Uyghur Autonomous their choice, and this choice is good unavailable, you know why a federally Region, including against people involved in policy. This choice is good common backed insurance option is so impor- peaceful protests or religious or political ex- sense. tant. There needs to be an option for pression. Americans are tired of trying to get people who can’t find what they need f health insurance coverage and being in the private insurance market, just SENATE RESOLUTION 156—EX- turned down because they have a pre- as Medicare is there for seniors. The PRESSING THE SENSE OF THE existing condition. They are tired of federally backed option will give those SENATE THAT REFORM OF OUR premiums and deductibles and copays under 65, if not yet eligible for Medi- NATION’S HEALTH CARE SYSTEM that they simply can no longer afford. care, a place to turn. SHOULD INCLUDE THE ESTAB- They are tired of having to fight for every penny when they have paid their The resolution I am introducing LISHMENT OF A FEDERALLY- today, with half of the Democrats in BACKED INSURANCE POOL insurance premium month after month. They are tired of having to the Senate already signed on as co- Mr. BROWN (for himself, Mr. KEN- fight for every penny that the insurer sponsors—there will be more later— NEDY, Mr. ROCKEFELLER, Mr. DODD, Mr. owes them when they try to use their demonstrates broad support for a feder- SCHUMER, Mr. BINGAMAN, Mr. DURBIN, insurance and waiting all too often for ally backed insurance option and Ms. MIKULSKI, Mr. HARKIN, Mrs. BOXER, months to get their claims paid. They health care reform. I encourage all col- Mr. REED, Mr. LEVIN, Mr. LEAHY, Mr. are tired of wondering whether their leagues to support this resolution. MENENDEZ, Mr. WHITEHOUSE, Ms. insurance will pay for them at all to The majority of the HELP Com- STABENOW, Mr. CASEY, Mrs. see the specialist they need, to get the mittee are cosponsors of this bill. That GILLIBRAND, Mr. MERKLEY, Mr. UDALL medicine they need, or to have the op- is the committee that will help to of New Mexico, Mr. INOUYE, Mr. SAND- eration they need. That is not what in- write the health insurance bill with the ERS, Mr. KAUFMAN, Mr. BURRIS, Mr. surance should be. Finance Committee. If consumers have LAUTENBERG, Mrs. MCCASKILL, Mrs. They are tired mostly of the uncer- more options, including the option to SHAHEEN, Mr. CARDIN, and Mr. AKAKA) tainty surrounding health insurance. If purchase federally backed coverage de- submitted the following resolution; they lose their job, they lose insurance. signed to provide the three things that which was referred to the Committee If they get sick, they can’t get insur- matter most—affordability, reliability, on Health, Education, Labor, and Pen- ance. If they submit a claim, it may be and continuity, the three things that sions: paid in 2 or 6 months, or sometimes, too often are absent from private in- S. RES. 156 even though they are fighting their insurance plans—we will have gone a Whereas in the presence of a federally- surance company and asking and plead- long way toward making the U.S. backed insurance pool, those Americans who ing and begging, they may not get the health care system work for every have become unemployed, live in rural and other traditionally underserved areas, or claim paid at all. American. That is why this resolution have been unable to attain affordable health To be meaningful, health care reform matters. That is why the option of a insurance would benefit from consumer must be responsive to all of these federally backed insurance plan makes choice: Now, therefore, be it shortcomings in our current system. so much sense.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00109 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5876 CONGRESSIONAL RECORD — SENATE May 21, 2009 SENATE RESOLUTION 157—RECOG- olution; which was referred to the (3) encourages all people of the United NIZING BREAD FOR THE WORLD, Committee on the Judiciary: States and the world to join in the celebration of the ‘‘Tall Ships Atlantic Challenge ON THE 35TH ANNIVERSARY OF S. RES. 158 ITS FOUNDING, FOR ITS FAITH- 2009’’ and in the character-building and edu- Whereas the American Sail Training Asso- cational experience that it represents for the FUL ADVOCACY ON BEHALF OF ciation (ASTA) is an educational nonprofit youth of all nations. POOR AND HUNGRY PEOPLE IN corporation whose declared mission is ‘‘to OUR COUNTRY AND AROUND THE encourage character building through sail f WORLD training, promote sail training to the North American public and support education Mr. LUGAR (for himself, Mrs. LIN- under sail’’; SENATE RESOLUTION 159—RECOG- COLN, Mr. DURBIN, Mr. KOHL, Mr. Whereas, since its founding in 1973, ASTA NIZING THE HISTORICAL SIG- BROWN, Ms. SNOWE, Mr. CASEY, Mr. has supported character-building experiences NIFICANCE OF JUNETEENTH KERRY, and Mr. MENENDEZ) submitted aboard traditionally-rigged sail training ves- INDEPENDENCE DAY AND EX- the following resolution; which was re- sels and has established a program of schol- PRESSING THE SENSE OF THE ferred to the Committee on the Judici- arship funds to support such experiences; SENATE THAT HISTORY SHOULD ary: Whereas ASTA has a long history of tall BE REGARDED AS A MEANS FOR S. RES. 157 ship races, rallies, and maritime festivals, dating back as far as 1976; UNDERSTANDING THE PAST AND Whereas Bread for the World, now under SOLVING THE CHALLENGES OF the leadership of the Reverend David Beck- Whereas, each year since 2001, ASTA has mann, has grown in size and influence, and is held the ‘‘Tall Ships Challenge’’, a series of THE FUTURE now the largest grassroots advocacy network races and maritime festivals that involve Mr. BURRIS submitted the following on hunger issues in the United States and on sail training vessels, trainees, and crews resolution; which was referred to the from all the coasts of the United States and behalf of impoverished people overseas; Committee on the Judiciary: Whereas members of Bread for the World around the world; believe that by addressing policies, pro- Whereas the Tall Ships Challenge series S. RES. 159 grams, and conditions that allow hunger and has reached an audience of approximately Whereas news of the end of slavery did not poverty to persist, they are providing help 8,000,000 spectators and brought more than reach frontier areas of the United States, and opportunity far beyond the communities $400,000,000 to more than 30 host commu- and in particular the southwestern States, in which they live; nities; for more than 2 years after President Lin- Whereas Bread for the World has inspired Whereas ASTA supports a membership of coln’s Emancipation Proclamation of Janu- the engagement of hundreds of thousands of more than 200 sail training vessels, including ary 1, 1863, and months after the conclusion individuals, more than 8,000 congregations, barks, barques, barkentines, brigantines, of the Civil War; and more than 50 denominations across the brigs, schooners, sloops, and full-rigged Whereas on June 19, 1865, Union soldiers religious spectrum to seek justice for hungry ships, which carry the flags of the United led by Major General Gordon Granger ar- and poor people by making our Nation’s laws States, Canada, and many other nations and rived in Galveston, Texas with news that the more fair and compassionate to people in have brought life-changing adventures to Civil War had ended and that the enslaved need; thousands of young trainees; were free; Whereas members of Bread for the World Whereas ASTA has held a series of more Whereas African Americans who had been use hand-written letters and other personal- than 30 annual sail training conferences in slaves in the Southwest celebrated June 19, ized forms of communication to convey to cities throughout the United States and Can- commonly known as ‘‘Juneteenth Independ- their legislators their moral concern for the ada, including the Safety Under Sail Forum ence Day’’, as the anniversary of their eman- needs of mothers, children, small farmers, and the Education Under Sail Forum; cipation; and other hungry and poor people; and Whereas ASTA has collaborated exten- Whereas African Americans from the Whereas Bread for the World has a strong sively with the Coast Guard and with the Southwest continue the tradition of cele- record of success in working with Congress premier sail training vessel of the United brating Juneteenth Independence Day as in- to— States, the square-rigged barque USCGC spiration and encouragement for future gen- (1) strengthen our national nutrition pro- Eagle; erations; grams; Whereas ASTA publishes ‘‘Sail Tall Whereas for more than 140 years, (2) establish and fund the Child Survival Ships’’, a periodic directory of sail training Juneteenth Independence Day celebrations account that has helped reduce child mor- opportunities; have been held to honor African-American tality rates worldwide; (3) increase and improve the Nation’s pov- Whereas, in 1982, ASTA supported the en- freedom while encouraging self-development erty-focused development assistance to help actment of the Sailing School Vessel Act of and respect for all cultures; developing countries in Africa and other un- 1982, title II of Public Law 97-322 (96 Stat. Whereas although Juneteenth Independ- derprivileged parts of the world; 1588); ence Day is beginning to be recognized as a (4) pass the Africa: Seeds of Hope Act of Whereas ASTA has ably represented the national, and even global, event, the history 1998 that redirected United States resources United States as a founding member of the behind the celebration should not be forgot- toward small-scale farmers and struggling national sail training organization in Sail ten; and rural communities in Africa; Training International, the recognized inter- Whereas the faith and strength of char- (5) lead an effort to provide debt relief to national body for the promotion of sail acter demonstrated by former slaves remains the world’s poorest countries and tie debt re- training, which has hosted a series of inter- an example for all people of the United lief to poverty reduction; and national races of square-rigged and other States, regardless of background, religion, or (6) establish an emergency grain reserve to traditionally-rigged vessels since the 1950s; improve the Nation’s response to humani- race: Now, therefore, be it and tarian crises: Now, therefore, be it Resolved, That— Whereas ASTA and Sail Training Inter- (1) the Senate— Resolved, That the Senate— national are collaborating with port partners (A) recognizes the historical significance of (1) recognizes and commends Bread for the around the Atlantic Ocean to produce the Juneteenth Independence Day to the Nation; World, on the 35th anniversary of its found- ‘‘Tall Ships Atlantic Challenge 2009’’, in (B) supports the continued celebration of ing, for its encouragement of citizen engage- which an international fleet of sail training Juneteenth Independence Day to provide an ment, its advocacy for poor and hungry peo- vessels will sail from Europe to North Amer- opportunity for the people of the United ple, and its successes as a collective voice; ica and return to Europe: Now, therefore, be States to learn more about the past and to and it understand better the experiences that have (2) challenges Bread for the World to con- Resolved, That the Senate— shaped the Nation; and tinue its work to address world hunger. (1) commends the American Sail Training (C) encourages the people of the United f Association for advancing character building States to observe Juneteenth Independence SENATE RESOLUTION 158—TO COM- experiences for youth at sea in traditionally- Day with appropriate ceremonies, activities, MEND THE AMERICAN SAIL rigged sailing vessels and the finest tradi- and programs; and TRAINING ASSOCIATION FOR AD- tions of the sea; (2) it is the sense of the Senate that— VANCING INTERNATIONAL GOOD- (2) commends the American Sail Training (A) history should be regarded as a means WILL AND CHARACTER BUILDING Association for acting as the national sail for understanding the past and solving the training association of the United States and challenges of the future; and UNDER SAIL representing the sail training community of (B) the celebration of the end of slavery is Mr. KERRY (for himself and Mr. the United States in the international an important and enriching part of the his- KENNEDY) submitted the following res- forum; and tory and heritage of the United States.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00110 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5877 SENATE RESOLUTION 160—CON- SENATE RESOLUTION 161—RECOG- lation that has not yet been diagnosed and is DEMNING THE ACTIONS OF THE NIZING JUNE 2009 AS THE FIRST at risk for death or disability due to sudden BURMESE STATE PEACE AND NATIONAL HEREDITARY HEMOR- rupture of the blood vessels in major organs DEVELOPMENT COUNCIL RHAGIC TELANGIECSTASIA (HHT) in the body; (5) recognizes the importance of com- AGAINST DAW AUNG SAN SUU MONTH, ESTABLISHED TO IN- prehensive care centers in providing com- KYI AND CALLING FOR THE IM- CREASE AWARENESS OF HHT, plete care and treatment for each patient MEDIATE AND UNCONDITIONAL WHICH IS A COMPLEX GENETIC with HHT; RELEASE OF DAW AUNG SAN BLOOD VESSEL DISORDER THAT (6) recognizes that stroke, lung, and brain SUU KYI AFFECTS APPROXIMATELY 70,000 hemorrhages can be prevented through early PEOPLE IN THE UNITED STATES diagnosis, screening, and treatment of HHT; Mr. GREGG (for himself, Mr. MCCON- (7) recognizes severe hemorrhages in the Mr. JOHNSON submitted the fol- NELL, Mrs. FEINSTEIN, Mr. DURBIN, Mr. nose and gastrointestinal tract can be con- lowing resolution; which was consid- MCCAIN, Mr. LIEBERMAN, Ms. COLLINS, trolled through intervention, and that heart ered and agreed to: failure can be managed through proper diag- Mr. LUGAR, Mr. BROWNBACK, Mr. BEN- S. RES. 161 nosis of HHT and treatments; NETT, Mr. BOND, and Mr. KERRY) sub- (8) recognizes that a leading medical and mitted the following resolution; which Whereas according to the HHT Foundation International, Hereditary Hemorrhagic academic institution estimated that was considered and agreed to: Telangiecstasia (HHT), also referred to as $6,600,000,000 of 1-time health care costs can be saved through aggressive management of S. RES. 160 Osler-Weber-Rendu Syndrome, is a long-neglected national health problem that affects HHT in the at-risk population; and Whereas the military regime in Burma, approximately 70,000 (1 in 5,000) people in the (9) encourages the people of the United headed by General Than Shwe and the State United States and 1,200,000 worldwide; States and interested groups to observe and Peace and Development Council (SPDC), has Whereas HHT is an autosomal dominant, support the month through appropriate pro- carried out a longstanding and brutal cam- uncommon complex genetic blood vessel dis- grams and activities that promote public paign of persecution against Burmese democ- order, characterized by telangiectases and awareness of HHT and potential treatments racy leader Daw Aung San Suu Kyi and her artery-vein malformations that occurs in for it. supporters in the National League for De- major organs including the lungs, brain, and mocracy, ethnic minorities, and ordinary liver, as well as the nasal mucosa, mouth, f citizens of Burma who publicly and coura- gastrointestinal tract, and skin of the face geously speak out against the regime’s many and hands; injustices, abuses, and atrocities; SENATE RESOLUTION 162—RECOM- Whereas left untreated, HHT can result in Whereas the military regime in Burma is considerable morbidity and mortality and MENDING THE LANGSTON GOLF solely responsible for failing to provide for lead to acute and chronic health problems or COURSE, LOCATED IN NORTH- the basic needs of the people of Burma and sudden death; EAST WASHINGTON, DC AND has restricted the activities and movement Whereas according to the HHT Foundation OWNED BY THE NATIONAL PARK of United Nations agencies and humani- International, 20 percent of those with HHT, tarian nongovernmental organizations oper- SERVICE, BE RECOGNIZED FOR regardless of age, suffer death and disability; ating in Burma today; ITS IMPORTANT LEGACY AND Whereas according to the HHT Foundation Whereas Burmese democracy leader Daw CONTRIBUTIONS TO AFRICAN- International, due to widespread lack of Aung San Suu Kyi has been imprisoned in AMERICAN GOLF HISTORY, AND knowledge of the disorder among medical Burma for 13 of the last 19 years, and many professionals, approximately 90 percent of FOR OTHER PURPOSES members of the National League for Democ- the HHT population has not yet been diag- racy have been similarly jailed, tortured, or Mr. FEINGOLD (for himself, Mr. nosed and is at risk for death or disability killed; due to sudden rupture of the blood vessels in CARDIN, Mr. UDALL of Colorado, and Whereas Burmese democracy leader Daw major organs in the body; Mr. BURRIS) submitted the following Aung San Suu Kyi currently faces criminal Whereas the HHT Foundation Inter- resolution; which was considered and charges by the military regime for breaking national estimates that 20 to 40 percent of agreed to: the terms of her house arrest, which arose complications and sudden death due to these from the uninvited visit of an American cit- ‘‘vascular time bombs’’ are preventable; S. RES. 162 izen; and Whereas patients with HHT frequently re- Whereas the Langston Golf Course was des- Whereas these criminal charges are con- ceive fragmented care from practitioners ignated for construction by the Department sistent with other past actions by the mili- who focus on 1 organ of the body, having lit- of the Interior in the 1930s as a safe and ex- tary regime to harass and persecute Daw tle knowledge about involvement in other panded recreational facility for the local and Aung San Suu Kyi and the National League organs or the interrelation of the syndrome national African-American communities; for Democracy: Now, therefore, be it systemically; Whereas Langston Golf Course was named Resolved, That the Senate— Whereas HHT is associated with serious for John Mercer Langston, the first African- (1) condemns and deplores the show trial of consequences if not treated early, yet the American Representative elected to Con- Burmese democracy leader Daw Aung San condition is amenable to early identification gress from the Commonwealth of Virginia, Suu Kyi; and diagnosis with suitable tests, and there and who also was a founder of the Howard (2) condemns and deplores the criminal ac- are acceptable treatments available in al- University School of Law; tions by the State Peace and Development ready-established facilities such as the 8 Whereas the Langston Golf Course is be- Council against Daw Aung San Suu Kyi and HHT Treatment Centers of Excellence in the lieved to be the first regulation course in the members of the National League for Democ- United States; and United States to be built almost entirely on racy; Whereas adequate Federal funding is need- a refuse landfill; (3) recognizes that currently conditions do ed for education, outreach, and research to Whereas Langston Golf Course has been not exist in Burma for the conduct of cred- prevent death and disability, improve out- placed on the National Register of Historic ible and participatory elections; comes, reduce costs, and increase the quality Places, and the Capital City Open golf tour- (4) calls for the immediate and uncondi- of life for people living with HHT: Now, nament has made Langston Golf Course its tional release of Daw Aung San Suu Kyi and therefore, be it home for the past 40 years; all prisoners of conscience in Burma; Resolved, That the Senate— Whereas the first American-born golf pro- (5) calls upon the Secretary of State to re- (1) recognizes the need to pursue research fessional of African-American ancestry was invigorate efforts with regional governments to find better treatments, and eventually, a John Shippen, who was born circa 1878 in the and multilateral organizations (including cure for HHT; Anacostia area of Washington, DC, placed the People’s Republic of China, India, and (2) recognizes and supports the HHT Foun- fifth in the second United States Open golf Japan as well as the Association of South- dation International as the only advocacy tournament in 1896 when he was 16 years old, east Asian Nations and the United Nations organization in the United States working to and helped found the Capitol City Golf Club Security Council) to secure the immediate find a cure for HHT while saving the lives in 1925; and unconditional release of Daw Aung San and improving the well-being of individuals Whereas the Capitol City Golf Club, even- Suu Kyi and all prisoners of conscience in and families affected by HHT through re- tually renamed the Royal Golf Club and Burma; and search, outreach, education, and support; Wake Robin Women’s Club, historically has (6) calls upon the State Peace and Develop- (3) supports the designation of June 2009 as promoted a safe golf facility for African ment Council to establish, with the full and National Hereditary Hemorrhagic Americans in Washington, DC, especially unfettered participation of the National Telangiecstasia (HHT) month, to increase during an era when few facilities were avail- League for Democracy and ethnic minori- awareness of HHT; able, and these 2 clubs remain the oldest Af- ties, a genuine roadmap for the peaceful (4) acknowledges the need to identify the rican-American golf clubs in the United transition to civilian, democratic rule. approximately 90 percent of the HHT popu- States;

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00111 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5878 CONGRESSIONAL RECORD — SENATE May 21, 2009 Whereas the Langston facility continues to Whereas 26 out of every 100,000 newborns (2) The report of the Architect of the Cap- provide important recreational outlets, in- and almost 3 out of every 100,000 children itol entitled ‘‘History of Slave Laborers in structional forums, and a ‘‘safe haven cen- have a stroke each year; the Construction of the United States Cap- ter’’ for the enhancement of the lives of Whereas an individual can have a stroke itol’’ documents the role of slave labor in the Washington, DC’s inner-city youth; before birth; construction of the Capitol. Whereas the Langston Golf Course and re- Whereas stroke is among the top 10 causes (3) Enslaved African Americans performed lated recreational facilities provide a home of death for children in the United States; the backbreaking work of quarrying the for the Nation’s important minority youth Whereas 9 percent of all children who expe- stone which comprised many of the floors, ‘‘First Tee’’ golf instruction and recreational rience a stroke die as a result; walls, and columns of the Capitol. program in Washington, DC; Whereas stroke recurs in 20 percent of chil- (4) Enslaved African Americans also par- Whereas Langston Golf Course’s operations dren who have experienced a stroke; ticipated in other facets of construction of and its related facilities seek to increase Whereas the death rate for children who the Capitol, including carpentry, masonry, course-based educational opportunities experience a stroke before the age of 1 year carting, rafting, roofing, plastering, glazing, under the auspices of the National Park is the highest out of all age groups; painting, and sawing. Service for persons under 18 years of age, Whereas the average time from onset of (5) The marble columns in the Old Senate particularly those from populations of the symptoms to diagnosis of stroke is 24 hours, Chamber and the sandstone walls of the East inner-city and historically underrepresented putting many affected children outside the Front corridor remain as the lasting legacies among visitors to units of the National Park window of 3 hours for the most successful of the enslaved African Americans who System; treatment; worked the quarries. Whereas the preservation and ecologically- Whereas many children who experience a (6) Slave-quarried stones from the rem- balanced enhancements via future public and stroke will suffer serious, long-term neuro- nants of the original Capitol walls can be private funding for the lands making up the logical disabilities, including— found in Rock Creek Park in the District of 212 acres of the Langston Golf Course will (1) hemiplegia, which is paralysis of 1 side Columbia. benefit the National Park System’s Environ- of the body; (7) The Statue of Freedom now atop the mental Leadership projects program, the (2) seizures; Capitol dome could not have been cast with- Anacostia River Watershed, the city of (3) speech and vision problems; and out the pivotal intervention of Philip Reid, Washington, and the entire Washington, DC (4) learning difficulties; an enslaved African-American foundry work- metropolitan area; Whereas such disabilities may require on- er who deciphered the puzzle of how to sepa- Whereas Federal funds for enhancements going physical therapy and surgeries; rate the 5-piece plaster model for casting, to the Langston Golf Course have peren- Whereas the permanent health concerns when all others failed. nially been promised but rarely provided, and treatments resulting from strokes that (8) The great hall of the Capitol Visitor even after the designation of Langston Golf occur during childhood and young adulthood Center was named Emancipation Hall to help Course as a ‘‘Legacy Project for the 21st Cen- have a considerable impact on children, fam- acknowledge the work of the slave laborers tury’’, and after significant private funding ilies, and society; who built the Capitol. and contributions were committed and pro- Whereas very little is known about the (9) No narrative on the construction of the vided; and cause, treatment, and prevention of child- Capitol that does not include the contribu- Whereas the Langston Golf Course and re- hood stroke; tion of enslaved African Americans can fully lated recreational facilities traditionally Whereas medical research is the only and accurately reflect its history. have provided additional quality of life value means by which the citizens of the United (10) Recognition of the contributions of to all residents of Washington, DC, and will States can identify and develop effective enslaved African Americans brings to all do more so once upgraded to meet its obvi- treatment and prevention strategies for Americans an understanding of the con- ous athletic and historical promise: Now, childhood stroke; tinuing evolution of our representative de- therefore, be it Whereas early diagnosis and treatment of mocracy. Resolved, That it is the sense of the Senate childhood stroke greatly improves the (11) A marker dedicated to the enslaved Af- that— chances that the affected child will recover rican Americans who helped to build the (1) Langston Golf Course, its general man- and not experience a recurrence; and Capitol will reflect the charge of the Capitol agement, and the Royal Golf and Wake Whereas The Children’s Hospital of Phila- Visitor Center to teach visitors about Con- Robin Golf Clubs are to be commended for delphia should be commended for its initia- gress and its development. their historical and ongoing contributions to tive in creating the Nation’s first program SEC. 2. PLACEMENT OF MARKER IN CAPITOL VIS- the local Washington, DC community and dedicated to pediatric stroke patients: Now, ITOR CENTER TO ACKNOWLEDGE the Nation; therefore, be it ROLE OF SLAVE LABOR IN CON- (2) the Director of the National Park Serv- Resolved, That the Senate— STRUCTION OF CAPITOL. ice and the Secretary of the Interior should (1) supports the designation of an appro- (a) PROCUREMENT AND PLACEMENT OF give appropriate consideration to the future priate date as ‘‘National Childhood Stroke MARKER.—The Architect of the Capitol, sub- budget needs of this important park in the Awareness Day’’; and ject to the approval of the Committee on National Park System that is a historical (2) urges the people of the United States to House Administration of the House of Rep- site, recreational facility, and educational support the efforts, programs, services, and resentatives and the Committee on Rules center; and advocacy of organizations that work to en- and Administration of the Senate, shall de- (3) the Secretary of the Senate should hance public awareness of childhood stroke. sign, procure, and place in a prominent loca- transmit an enrolled copy of this resolution f tion in Emancipation Hall in the Capitol Visitor Center a marker which acknowledges to the general manager of the Langston Golf SENATE CONCURRENT RESOLU- Course. the role that slave labor played in the con- TION 24—TO DIRECT THE ARCHI- struction of the United States Capitol. f TECT OF THE CAPITOL TO (b) CRITERIA FOR DESIGN OF MARKER.—In SENATE RESOLUTION 163—EX- PLACE A MARKER IN EMANCI- developing the design for the marker re- PRESSING THE SENSE OF THE PATION HALL IN THE CAPITOL quired under subsection (a), the Architect of the Capitol shall— SENATE WITH RESPECT TO VISITOR CENTER WHICH AC- KNOWLEDGES THE ROLE THAT (1) take into consideration the rec- CHILDHOOD STROKE AND DESIG- ommendations developed by the Slave Labor NATING AN APPROPRIATE DATE SLAVE LABOR PLAYED IN THE Task Force Working Group; AS ‘‘NATIONAL CHILDHOOD CONSTRUCTION OF THE UNITED (2) to the greatest extent practicable, en- STROKE AWARENESS DAY’’ STATES CAPITOL, AND FOR sure that the marker includes stone which OTHER PURPOSES was quarried by slaves in the construction of Mr. CASEY (for himself and Mr. the Capitol; and Mrs. LINCOLN (for herself, Mr. SCHU- CHAMBLISS) submitted the following (3) ensure that the marker includes a resolution; which was considered and MER, and Mr. CHAMBLISS) submitted the plaque or inscription which describes the agreed to: following concurrent resolution; which purpose of the marker. was referred to the Committee on S. RES. 163 f Rules and Administration: Whereas a stroke, also known as a cerebro- S. CON. RES. 24 AMENDMENTS SUBMITTED AND vascular accident, is an acute neurologic in- PROPOSED jury that occurs when the blood supply to a Resolved by the Senate (the House of Rep- part of the brain is interrupted by a clot in resentatives concurring), SA 1202. Mr. WEBB submitted an amend- the artery or a burst of the artery; SECTION 1. FINDINGS. ment intended to be proposed by him to the Whereas a stroke is a medical emergency Congress finds the following: bill H.R. 2346, making supplemental appro- that can cause permanent neurologic damage (1) Enslaved African Americans provided priations for the fiscal year ending Sep- or even death if not promptly diagnosed and labor essential to the construction of the tember 30, 2009, and for other purposes; which treated; United States Capitol. was ordered to lie on the table.

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SA 1203. Mr. REID submitted an amend- self and Mr. PRYOR) to the bill H.R. 2346, porting period to provide assistance to Paki- ment intended to be proposed to amendment supra; which was ordered to lie on the table. stan were or may have been used for the pur- SA 1173 submitted by Mr. CORKER (for him- SA 1217. Mr. REID submitted an amend- poses described in paragraphs (1) and (2) of self, Mr. GRAHAM, Mr. LIEBERMAN, Mr. ment intended to be proposed to amendment subsection (a); and LUGAR, Mr. ISAKSON, Ms. COLLINS, and Mr. SA 1161 submitted by Mr. BROWN to the bill (B) describing the measures taken during BENNETT) to the bill H.R. 2346, supra; which H.R. 2346, supra; which was ordered to lie on such reporting period to ensure that no obli- was ordered to lie on the table. the table. gated or expended funds were used for such SA 1204. Mr. REID submitted an amend- SA 1218. Mr. REID submitted an amend- purposes. ment intended to be proposed to amendment ment intended to be proposed to amendment (2) Each report submitted under paragraph SA 1164 submitted by Mr. ISAKSON (for him- SA 1188 submitted by Mr. MCCAIN (for him- (1) shall be submitted in unclassified form, self, Mr. CHAMBLISS, Mr. DODD, and Mr. self, Mr. LIEBERMAN, Mr. LUGAR, and Mr. but may include a classified annex. LIEBERMAN) to the bill H.R. 2346, supra; BROWNBACK) to the bill H.R. 2346, supra; (c) Nothing in this section shall be con- which was ordered to lie on the table. which was ordered to lie on the table. strued to prohibit the expenditure of funds SA 1205. Mr. REID submitted an amend- SA 1219. Mr. REID submitted an amend- for nonproliferation and disarmament activi- ment intended to be proposed to amendment ment intended to be proposed to amendment ties in Pakistan. SA 1144 proposed by Mr. CHAMBLISS (for him- SA 1147 submitted by Mr. KYL (for himself (d) In this section, the term ‘‘appropriate self, Mr. ISAKSON, and Mr. BURR) to the bill and Mr. LIEBERMAN) to the bill H.R. 2346, congressional committees’’ means— H.R. 2346, supra; which was ordered to lie on supra; which was ordered to lie on the table. (1) the Committees on Armed Services, the table. SA 1220. Mr. REID submitted an amend- Foreign Relations, and Appropriations of the SA 1206. Mr. REID submitted an amendment intended to be proposed to amendment Senate; and ment intended to be proposed to amendment SA 1157 submitted by Mr. LIEBERMAN (for (2) the Committees on Armed Services, SA 1159 submitted by Mr. MCCAIN (for him- himself and Mr. GRAHAM) to the bill H.R. Foreign Affairs, and Appropriations of the self, Mr. LUGAR, and Mr. LIEBERMAN) and in- 2346, supra; which was ordered to lie on the House of Representatives. tended to be proposed to the bill H.R. 2346, table. supra; which was ordered to lie on the table. SA 1221. Mr. REID submitted an amend- SA 1203. Mr. REID submitted an SA 1207. Mr. LIEBERMAN (for himself, Mr. ment intended to be proposed to amendment amendment intended to be proposed to GRAHAM, Mr. BEGICH, Mr. THUNE, Mr. BURRIS, SA 1156 submitted by Mr. LIEBERMAN (for amendment SA 1173 submitted by Mr. Mr. CORNYN, and Mr. BENNETT) submitted an himself, Mr. GRAHAM, Mr. BEGICH, Mr. CORKER (for himself, Mr. GRAHAM, Mr. amendment intended to be proposed to THUNE, Mr. BURRIS, Mr. BENNETT, and Mr. LIEBERMAN, Mr. LUGAR, Mr. ISAKSON, amendment SA 1156 submitted by Mr. CORNYN) to the bill H.R. 2346, supra; which Ms. COLLINS, and Mr. BENNETT) to the LIEBERMAN (for himself, Mr. GRAHAM, Mr. was ordered to lie on the table. bill H.R. 2346, making supplemental ap- BEGICH, Mr. THUNE, Mr. BURRIS, Mr. BEN- SA 1222. Mr. BROWN submitted an amend- NETT, and Mr. CORNYN) to the bill H.R. 2346, ment intended to be proposed to amendment propriations for the fiscal year ending supra; which was ordered to lie on the table. SA 1161 submitted by Mr. BROWN to the bill September 30, 2009, and for other pur- SA 1208. Mr. LIEBERMAN (for himself, Mr. H.R. 2346, supra; which was ordered to lie on poses; which was ordered to lie on the GRAHAM, Mr. BEGICH, Mr. THUNE, Mr. BURRIS, the table. table; as follows: Mr. CORNYN, and Mr. BENNETT) submitted an SA 1223. Mrs. MURRAY (for herself, Mr. At the end of the amendment add the fol- amendment intended to be proposed to BOND, and Mr. COCHRAN) submitted an lowing: amendment SA 1188 submitted by Mr. amendment intended to be proposed by her This section shall become effective in 4 MCCAIN (for himself, Mr. LIEBERMAN, Mr. to the bill H.R. 2346, supra; which was or- days. LUGAR, and Mr. BROWNBACK) to the bill H.R. dered to lie on the table. 2346, supra; which was ordered to lie on the SA 1224. Mr. REID (for Mr. DEMINT) pro- SA 1204. Mr. REID submitted an table. posed an amendment to the concurrent reso- amendment intended to be proposed to SA 1209. Mr. REID submitted an amend- lution S. Con. Res. 19, expressing the sense of amendment SA 1164 submitted by Mr. ment intended to be proposed to amendment Congress that the Shi’ite Personal Status ISAKSON (for himself, Mr. CHAMBLISS, SA 1167 submitted by Mr. BENNET (for him- Law in Afghanistan violates the funda- Mr. DODD, and Mr. LIEBERMAN) to the self, Mr. CASEY, and Mr. JOHANNS) to the bill mental human rights of women and should H.R. 2346, supra; which was ordered to lie on be repealed. bill H.R. 2346, making supplemental ap- the table. propriations for the fiscal year ending f SA 1210. Mr. REID submitted an amend- September 30, 2009, and for other pur- ment intended to be proposed to amendment TEXT OF AMENDMENTS poses; which was ordered to lie on the SA 1138 proposed by Mr. DEMINT to the bill table; as follows: H.R. 2346, supra; which was ordered to lie on SA 1202. Mr. WEBB submitted an the table. amendment intended to be proposed by At the end of the amendment add the fol- SA 1211. Mr. REID submitted an amend- him to the bill H.R. 2346, making sup- lowing: ment intended to be proposed to amendment plemental appropriations for the fiscal This section shall become effective in 3 days. SA 1185 submitted by Mr. MERKLEY (for him- year ending September 30, 2009, and for self and Mr. WHITEHOUSE) to the bill H.R. other purposes; which was ordered to SA 1205. Mr. REID submitted an 2346, supra; which was ordered to lie on the lie on the table; as follows: table. amendment intended to be proposed to SA 1212. Mr. REID submitted an amend- At the appropriate place, insert the fol- amendment SA 1144 submitted by Mr. ment intended to be proposed to amendment lowing: CHAMBLISS (for himself, Mr. ISAKSON, SA 1189 submitted by Mrs. HUTCHISON (for SEC. ll. (a) None of the funds appro- and Mr. BURR) to the bill H.R. 2346, herself, Mr. BROWN, Mrs. MCCASKILL, Mr. priated or otherwise made available by this making supplemental appropriations MENENDEZ, Ms. MIKULSKI, Mr. COCHRAN, Mr. Act may be obligated or expended to provide for the fiscal year ending September 30, assistance to Pakistan unless the President BOND, and Mr. LAUTENBERG) to the bill H.R. 2009, and for other purposes; which was 2346, supra; which was ordered to lie on the first certifies to the appropriate congres- table. sional committees that appropriate meas- ordered to lie on the table; as follows: SA 1213. Mr. REID submitted an amend- ures have been and will be taken to ensure At the end of the amendment add the fol- ment intended to be proposed to amendment that none of such obligated or expended lowing: SA 1191 submitted by Mr. LEAHY (for himself funds are used— This section shall become effective in 2 and Mr. KERRY) to the bill H.R. 2346, supra; (1) to support, expand, or in any way assist days. which was ordered to lie on the table. in the development or deployment of the nu- SA 1214. Mr. REID submitted an amend- clear weapons program of the Government of SA 1206. Mr. REID submitted an ment intended to be proposed to amendment Pakistan; or amendment intended to be proposed to SA 1179 submitted by Mr. KAUFMAN (for him- (2) to support programs or purposes for amendment SA 1159 submitted by Mr. self, Mr. LUGAR, and Mr. REED) to the bill which such funds have not been specifically MCCAIN (for himself, Mr. LUGAR, and H.R. 2346, supra; which was ordered to lie on appropriated by this Act or reprogrammed Mr. LIEBERMAN) and intended to be pro- the table. through appropriate committee notification posed to the bill H.R. 2346, making sup- SA 1215. Mr. REID submitted an amend- procedures. plemental appropriations for the fiscal ment intended to be proposed to amendment (b)(1) Not later than 90 days after the date year ending September 30, 2009, and for SA 1143 proposed by Mr. RISCH (for himself, of the enactment of this Act, and every 90 Mr. CORNYN, and Mr. BOND) to the bill H.R. days thereafter, the President shall submit other purposes; which was ordered to 2346, supra; which was ordered to lie on the to the appropriate congressional committees lie on the table; as follows: table. a report— At the end of the amendment add the fol- SA 1216. Mr. REID submitted an amend- (A) certifying whether any funds appro- lowing: ment intended to be proposed to amendment priated or otherwise made available by this This section shall become effective in 1 SA 1181 submitted by Mrs. LINCOLN (for her- Act and obligated or expended during the re- day.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00113 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5880 CONGRESSIONAL RECORD — SENATE May 21, 2009 SA 1207. Mr. LIEBERMAN (for him- (b) FUNDING.— At the end of the amendment add the fol- self, Mr. GRAHAM, Mr. BEGICH, Mr. (1) MILITARY PERSONNEL, ARMY.—The lowing: This section shall become effective in 14 THUNE, Mr. BURRIS, Mr. CORNYN, and amount appropriated by this title under the heading ‘‘MILITARY PERSONNEL, ARMY’’ is days. Mr. BENNETT) submitted amendment hereby increased by $200,000,000, with the intended to be proposed to amendment amount of such increase to be available for SA 1213. Mr. REID submitted an SA 1156 submitted by Mr. LIEBERMAN purposes of costs of personnel in connection amendment intended to be proposed to (for himself, Mr. GRAHAM, Mr. BEGICH, with personnel of the Army on active duty in amendment SA 1191 submitted by Mr. Mr. THUNE, Mr. BURRIS, Mr. BENNETT, excess of 547,400 personnel of the Army. LEAHY (for himself and Mr. KERRY) to and Mr. CORNYN) to the bill H.R. 2346, (2) OPERATION AND MAINTENANCE, ARMY.— the bill H.R. 2346, making supplemental making supplemental appropriations The amount appropriated by this title under appropriations for the fiscal year end- the heading ‘‘OPERATION AND MAINTENANCE, for the fiscal year ending September 30, ing September 30, 2009, and for other 2009, and for other purposes; which was ARMY’’ is hereby increased by $200,000,000, with the amount of such increase to be avail- purposes; which was ordered to lie on ordered to lie on the table; as follows: able for purposes of costs of operation and the table; as follows: In lieu of the matter to be inserted, insert maintenance in connection with personnel of At the end of the amendment add the fol- the following the Army on active duty in excess of 547,400 lowing: (a) FINDINGS.— personnel of the Army. This section shall become effective in 13 (1) Section 403(a) of H.R. 4986, the National (3) LIMITATION ON AVAILABILITY.—Amounts days. Defense Authorization Act for 2008 allows appropriated by paragraphs (1) and (2) shall the Secretary of Defense to establish the ac- be available only for the purposes specified SA 1214. Mr. REID submitted an tive-duty end strength for the Army at in such paragraph. amendment intended to be proposed to 547,400. (4) EMERGENCY REQUIREMENT.—For pur- (2) As provided in sections 115(f) and (g) of amendment SA 1179 submitted by Mr. poses of Senate enforcement, the amounts KAUFMAN (for himself, Mr. LUGAR, and Title 10, United States Code, the Secretary appropriated by paragraphs (1) and (2) are Mr. REED) to the bill H.R. 2346, making of Defense and Secretary of the Army may designated as an emergency requirement and apply variances for active-duty end strength necessary to meet emergency needs pursuant supplemental appropriations for the against this established end strength of to section 403 of S. Con Res. 13 (111th Con- fiscal year ending September 30, 2009, 547,400. gress), the concurrent resolution on the and for other purposes; which was or- (b) FUNDING.— budget for fiscal year 2010. dered to lie on the table; as follows: (1) MILITARY PERSONNEL, ARMY.—The At the end of the amendment add the fol- amount appropriated by this title under the SA 1209. Mr. REID submitted an lowing: heading ‘‘MILITARY PERSONNEL, ARMY’’ is amendment intended to be proposed to This section shall become effective in 12 hereby increased by $200,000,000, with the amendment SA 1167 submitted by Mr. days. amount of such increase to be available for BENNET (for himself, Mr. CASEY, and purposes of costs of personnel in connection Mr. REID submitted an with personnel of the Army on active duty in Mr. JOHANNS) to the bill H.R. 2346, SA 1215. excess of 547,400 personnel of the Army. making supplemental appropriations amendment intended to be proposed to (2) OPERATION AND MAINTENANCE, ARMY.— for the fiscal year ending September 30, amendment SA 1143 submitted by Mr. The amount appropriated by this title under 2009, and for other purposes; which was RISCH (for himself, Mr. CORNYN, and the heading ‘‘OPERATION AND MAINTENANCE, ordered to lie on the table; as follows: Mr. BOND) to the bill H.R. 2346, making ARMY’’ is hereby increased by $200,000,000, At the end of the amendment add the fol- supplemental appropriations for the with the amount of such increase to be avail- lowing: fiscal year ending September 30, 2009, able for purposes of costs of operation and This section shall become effective in 17 and for other purposes; which was or- maintenance in connection with personnel of days. dered to lie on the table; as follows: the Army on active duty in excess of 547,400 personnel of the Army. At the end of the amendment add the fol- SA 1210. Mr. REID submitted an lowing: (3) LIMITATION ON AVAILABILITY.—Amounts amendment intended to be proposed to appropriated by paragraphs (1) and (2) shall This section shall become effective in 11 be available only for the purposes specified amendment SA 1138 proposed by Mr. days. in such paragraph. DEMINT to the bill H.R. 2346, making (4) EMERGENCY REQUIREMENT.—For pur- supplemental appropriations for the SA 1216. Mr. REID submitted an poses of Senate enforcement, the amounts fiscal year ending September 30, 2009, amendment intended to be proposed to appropriated by paragraphs (1) and (2) are and for other purposes; which was or- amendment SA 1181 submitted by Mrs. designated as an emergency requirement and dered to lie on the table; as follows: LINCOLN (for herself and Mr. PRYOR) to necessary to meet emergency needs pursuant At the end of the amendment add the fol- the bill H.R. 2346, making supplemental to section 403 of S. Con Res. 13 (111th Con- lowing: appropriations for the fiscal year end- gress), the concurrent resolution on the This section shall become effective in 16 ing September 30, 2009, and for other budget for fiscal year 2010. days. purposes; which was ordered to lie on the table; as follows: SA 1208. Mr. LIEBERMAN (for him- SA 1211. Mr. REID submitted an self, Mr. GRAHAM, Mr. BEGICH, Mr. amendment intended to be proposed to At the end of the amendment add the fol- THUNE, Mr. BURRIS, Mr. CORNYN, and lowing: amendment SA 1185 submitted by Mr. This section shall become effective in 10 Mr. BENNETT) submitted amendment MERKLEY (for himself and Mr. days. intended to be proposed to amendment WHITEHOUSE) to the bill H.R. 2346, mak- SA 1188 submitted by Mr. MCCAIN (for ing supplemental appropriations for SA 1217. Mr. REID submitted an himself, Mr. LIEBERMAN, Mr. LUGAR, the fiscal year ending September 30, amendment intended to be proposed to and Mr. BROWNBACK) to the bill H.R. 2009, and for other purposes; which was amendment SA 1161 submitted by Mr. 2346, making supplemental appropria- ordered to lie on the table; as follows: BROWN to the bill H.R. 2346, making tions for the fiscal year ending Sep- At the end of the amendment add the fol- supplemental appropriations for the tember 30, 2009, and for other purposes; lowing: fiscal year ending September 30, 2009, which was ordered to lie on the table; This section shall become effective in 15 and for other purposes; which was or- as follows: days. dered to lie on the table; as follows: At the end add the following: SA 1212. Mr. REID submitted an At the end of the amendment add the fol- (a) FINDINGS.— lowing: (1) Section 403(a) of H.R. 4986, the National amendment intended to be proposed to This section shall become effective in 8 Defense Authorization Act for 2008 allows amendment SA 1189 submitted by Mrs. days. the Secretary of Defense to establish the ac- HUTCHISON (for herself, Mr. BROWN, tive-duty end strength for the Army at Mrs. MCCASKILL, Mr. MENENDEZ, Ms. SA 1218. Mr. REID submitted an 547,400. MIKULSKI, Mr. COCHRAN, Mr. BOND, and amendment intended to be proposed to (2) As provided by sections 115(f) and (g) of Mr. LAUTENBERG) to the bill H.R. 2346, amendment SA 1188 submitted by Mr. Title 10, United States Code, the Secretary of Defense and Secretary of the Army may making supplemental appropriations MCCAIN (for himself, Mr. LIEBERMAN, apply variances for active-duty end strength for the fiscal year ending September 30, Mr. LUGAR, and Mr. BROWNBACK) to the against this established end strength of 2009, and for other purposes; which was bill H.R. 2346, making supplemental ap- 547,400. ordered to lie on the table; as follows: propriations for the fiscal year ending

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00114 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5881 September 30, 2009, and for other pur- by her to the bill H.R. 2346, making The PRESIDING OFFICER. Without poses; which was ordered to lie on the supplemental appropriations for the objection, it is so ordered. table; as follows: fiscal year ending September 30, 2009, COMMITTEE ON ENERGY AND NATURAL At the end of the amendment add the fol- and for other purposes; which was or- RESOURCES lowing: dered to lie on the table; as follows: Mr. KAUFMAN. Mr. President, I ask This section shall become effective in 9 On page 99, line 14, insert ‘‘, notwith- unanimous consent that the Com- days. standing section 204 of Title II of Division K mittee on Energy and Natural Re- of Public Law 110–161,’’ after ‘‘Provided, sources be authorized to meet during SA 1219. Mr. REID submitted an That’’. amendment intended to be proposed to the session of the Senate to conduct a business meeting on Thursday, May 21, amendment SA 1147 submitted by Mr. SA 1224. Mr. REID (for Mr. DEMINT) 2009 at 10:30 a.m., in room SD–366 of the KYL (for himself and Mr. LIEBERMAN) proposed an amendment to the concur- to the bill H.R. 2346, making supple- rent resolution S. Con. Res. 19, express- Dirksen Senate office building. The PRESIDING OFFICER. Without mental appropriations for the fiscal ing the sense of Congress that the objection, it is so ordered. year ending September 30, 2009, and for Shi’ite Personal Status Law in Afghan- COMMITTEE ON ENVIRONMENT AND PUBLIC other purposes; which was ordered to istan violates the fundamental human WORKS lie on the table; as follows: rights of women and should be re- Mr. KAUFMAN. Mr. President, I ask At the end of the amendment add the fol- pealed; as follows: unanimous consent that the Com- lowing: Strike the 11th whereas clause. mittee on Environment and Public This section shall become effective in 7 f days. Works be authorized to meet during NOTICE OF HEARING the session of the Senate on Thursday, Mr. REID submitted an May 21, 2009 at 10 a.m., in room 406 of SA 1220. COMMITTEE ON ENERGY AND NATURAL amendment intended to be proposed to RESOURCES the Dirksen Senate office building. amendment SA 1157 submitted by Mr. Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without LIEBERMAN (for himself and Mr. would like to announce for the infor- objection, it is so ordered. GRAHAM) to the bill H.R. 2346, making mation of the Senate and the public COMMITTEE ON FINANCE supplemental appropriations for the that a hearing has been scheduled be- Mr. KAUFMAN. Mr. President, I ask fiscal year ending September 30, 2009, fore the Senate Committee on Energy unanimous consent that the Com- and for other purposes; which was or- and Natural Resources. The hearing mittee on Finance be authorized to dered to lie on the table; as follows: will be held on Tuesday, June 2, 2009, at meet during the session of the Senate At the end of the amendment add the fol- 2:15 p.m., in room SD–366 of the Dirk- on Thursday, May 21, 2009 at 10 a.m., in lowing: sen Senate office building. The Chair- room 215 of the Dirksen Senate office This section shall become effective in 6 building, to conduct a hearing entitled days. man intends to conclude the hearing by 3:00 p.m. ‘‘The U.S.-Panama Trade Promotion Agreement.’’ SA 1221. Mr. REID submitted an The purpose of the hearing is to consider the nomination of Catherine The PRESIDING OFFICER. Without amendment intended to be proposed to objection, it is so ordered. amendment SA 1156 submitted by Mr. Radford Zoi, to be an Assistant Sec- COMMITTEE ON FOREIGN RELATIONS LIEBERMAN (for himself, Mr. GRAHAM, retary of Energy (Energy, Efficiency, Mr. KAUFMAN. Mr. President, I ask Mr. BEGICH, Mr. THUNE, Mr. BURRIS, and Renewable Energy), the nomina- unanimous consent that the Com- Mr. BENNETT, and Mr. CORNYN) to the tion of William F. Brinkman, to be Di- mittee on Foreign Relations be author- bill H.R. 2346, making supplemental ap- rector of the Office of Science, Depart- ized to meet during the session of the propriations for the fiscal year ending ment of Energy, and the nomination of Senate on Thursday, May 21, 2009, at 10 September 30, 2009, and for other pur- Anne Castle, to be an Assistant Sec- a.m. to hold a hearing entitled ‘‘A New poses; which was ordered to lie on the retary of the Interior. Strategy for Afghanistan and Paki- table, as follows: Because of the limited time available for the hearing, witnesses may testify stan.’’ At the end of the amendment add the fol- The PRESIDING OFFICER. Without lowing: by invitation only. However, those This section shall become effective in 5 wishing to submit written testimony objection, it is so ordered. days. for the hearing record may do so by COMMITTEE ON HOMELAND SECURITY AND sending it to the Committee on Energy GOVERNMENTAL AFFAIRS SA 1222. Mr. BROWN submitted an and Natural Resources, U.S. Senate, Mr. KAUFMAN. Mr. President, I ask amendment intended to be proposed to Washington, D.C. 20510–6150, or by e- unanimous consent that the Com- amendment SA 1161 submitted by Mr. mail to Amanda mittee on Homeland Security and Gov- BROWN to the bill H.R. 2346, making [email protected]. ernmental Affairs be authorized to supplemental appropriations for the For further information, please con- meet during the session of the Senate fiscal year ending September 30, 2009, tact Sam Fowler at (202) 224–7571 or on Thursday, May 21, 2009, at 2 p.m. to and for other purposes; which was or- Amanda Kelly at (202) 224–6836. conduct a hearing entitled ‘‘Where Were the Watchdogs? Financial Regu- dered to lie on the table; as follows: f (c) The Secretary of the Treasury shall in- latory Lessons from Abroad.’’ struct the United States Executive Director AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without at the International Monetary Fund to use MEET objection, it is so ordered. the voice and vote of the United States to COMMITTEE ON ARMED SERVICES COMMITTEE ON INDIAN AFFAIRS oppose any loan, project, agreement, memo- Mr. KAUFMAN. Mr. President, I ask Mr. KAUFMAN. Mr. President, I ask randum, instrument, or other program of the unanimous consent that the Com- International Monetary Fund that does not unanimous consent that the Com- maintain or increase government spending mittee on Armed Services be author- mittee on Indian Affairs be authorized on health care or education in Heavily In- ized to meet during the session of the to meet during the session of the Sen- debted Poor Countries or that does not ex- Senate on Thursday, May 21, 2009 at ate on Thursday, May 21, 2009, at 2:15 empt such spending from hiring or wage bill 9:30 a.m. p.m. in room 628 of the Dirksen Senate ceilings or other limits to be imposed by the The PRESIDING OFFICER. Without office building. International Monetary Fund in those coun- objection, it is so ordered. The PRESIDING OFFICER. Without tries; and to promote government spending COMMITTEE ON BANKING, HOUSING, AND URBAN objection, it is so ordered. on health care, education, food aid, or other AFFAIRS COMMITTEE ON THE JUDICIARY critical safety net programs in all of the IMF’s activities with respect to Heavily In- Mr. KAUFMAN. Mr. President, I ask Mr. KAUFMAN. Mr. President, I ask debted Poor Countries. unanimous consent that the Com- unanimous consent that the Senate mittee on Banking, Housing, and Committee on the Judiciary be author- SA 1223. Mrs. MURRAY (for herself, Urban Affairs be authorized to meet ized to meet during the session of the Mr. BOND, and Mr. COCHRAN) submitted during the session of the Senate on Senate to conduct an executive busi- an amendment intended to be proposed Thursday, May 21, 2009. ness meeting on Thursday, May 21,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00115 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5882 CONGRESSIONAL RECORD — SENATE May 21, 2009 2009, at 10 a.m. in room SD–226 of the sider be laid upon the table en bloc; Daniel Benjamin, of the District of Colum- Dirksen Senate office building. that no further motions be in order, bia, to be Coordinator for Counterterrorism, The PRESIDING OFFICER. Without and any statements relating thereto be with the rank and status of Ambassador at Large. objection, it is so ordered. printed in the RECORD; the President be COMMITTEE ON SMALL BUSINESS AND immediately notified of the Senate’s OFFICE OF THE DIRECTOR OF NATIONAL INTELLIGENCE ENTREPRENEURSHIP action, and the Senate then resume Mr. KAUFMAN. Mr. President, I ask legislative session. Priscilla E. Guthrie, of Virginia, to be unanimous consent that the Com- The PRESIDING OFFICER. Without Chief Information Officer, Office of the Di- mittee on Small Business and Entre- objection, it is so ordered. rector of National Intelligence. preneurship be authorized to meet dur- The nominations considered and con- THE JUDICIARY ing the session of the Senate on Thurs- firmed en bloc are as follows: Florence Y. Pan, of the District of Colum- day, May 21, 2009, at 10 a.m. to conduct DEPARTMENT OF COMMERCE bia, to be an Associate Judge of the Superior a hearing entitled, ‘‘The Role of Small Cameron F. Kerry, of Massachusetts, to be Court of the District of Columbia for the term of fifteen years. Business in Recovery Act Con- General Counsel of the Department of Com- tracting.’’ merce. DEPARTMENT OF COMMERCE The PRESIDING OFFICER. Without DEPARTMENT OF THE INTERIOR Rebecca M. Blank, of Maryland, to be objection, it is so ordered. Michael L. Connor, of Maryland, to be Under Secretary of Commerce for Economic Commissioner of Reclamation. Affairs. COMMITTEE ON VETERANS’ AFFAIRS IN THE AIR FORCE DEPARTMENT OF TRANSPORTATION Mr. KAUFMAN. Mr. President, I ask The following named officer for appoint- John D. Porcari, of Maryland, to be Deputy unanimous consent that the Com- ment in the United States Air Force to the Secretary of Transportation. mittee on Veterans’ Affairs be author- grade indicated while assigned to a position J. Randolph Babbitt, of Virginia, to be Ad- ized to meet during the session of the of importance and responsibility under title ministrator of the Federal Aviation Admin- 10, U.S.C., sections 8036 and 601: Senate on Thursday, May 21, 2009, at istration for the term of five years. 9:30 a.m. to conduct a markup on pend- To be lieutenant general EXECUTIVE OFFICE OF THE PRESIDENT ing legislation. The Committee will Maj. Gen. Charles B. Green meet in room 418 of the Russell Senate The following named officer for appoint- Aneesh Chopra, of Virginia, to be an Asso- ment in the United States Air Force to the ciate Director of the Office of Science and office building beginning at 9:30 a.m. Technology Policy. The PRESIDING OFFICER. Without grade indicated while assigned to a position objection, it is so ordered. of importance and responsibility under title DEPARTMENT OF STATE 10, U.S.C., section 601: Judith A. McHale, of Maryland, to be SELECT COMMITTEE ON INTELLIGENCE To be lieutenant general Under Secretary of State for Public Diplo- Mr. KAUFMAN. Mr. President, I ask Maj. Gen. Herbert J. Carlisle macy. unanimous consent that the Select Robert Orris Blake, Jr., of Maryland, a Ca- Committee on Intelligence be author- The following named officer for appointment in the United States Air Force to the reer Member of the Senior Foreign Service, ized to meet during the session of the grade indicated while assigned to a position Class of Minister-Counselor, to be Assistant Senate on May 21, 2009, at 2:30 p.m. of importance and responsibility under title Secretary of State for South Asian Affairs. The PRESIDING OFFICER. Without 10, U.S.C., section 601: DEPARTMENT OF LABOR objection, it is so ordered. To be general Seth David Harris, of New Jersey, to be SUBCOMMITTEE ON CONSUMER PROTECTION, Gen. William M. Fraser, III Deputy Secretary of Labor. PRODUCT SAFETY, AND INSURANCE The following named officer for appoint- NATIONAL MEDIATION BOARD Mr. KAUFMAN. Mr. President, I ask ment in the United States Air Force to the Linda A. Puchala, of Maryland, to be a unanimous consent that the Sub- grade indicated while assigned to a position Member of the National Mediation Board for committee on Consumer Protection, of importance and responsibility under title a term expiring July 1, 2009. Product Safety, and Insurance of the 10, U.S.C., section 601: Linda A. Puchala, of Maryland, to be a Committee on Commerce, Science, and To be lieutenant general Member of the National Mediation Board for Transportation be authorized to meet Lt. Gen. William L. Shelton a term expiring July 1, 2012. during the session of the Senate on The following named officer for appoint- DEPARTMENT OF EDUCATION Thursday, May 21, 2009, at 10:30 a.m., in ment in the United States Air Force to the John Q. Easton, of Illinois, to be Director room 253 of the Russell Senate office grade indicated while assigned to a position of the Institute of Education Science, De- building. of importance and responsibility under title partment of Education for a term of six The PRESIDING OFFICER. Without 10, U.S.C., section 601: years. To be lieutenant general objection, it is so ordered. DEPARTMENT OF HOUSING AND URBAN Lt. Gen. Daniel J. Darnell SUBCOMMITTEE ON SCIENCE AND SPACE DEVELOPMENT Mr. KAUFMAN. Mr. President, I ask IN THE NAVY Sandra Brooks Henriquez, of Massachu- The following named officer for appoint- unanimous consent that the Sub- setts, to be an Assistant Secretary of Hous- ment in the United States Navy to the grade ing and Urban Development. committee on Science and Space of the indicated while assigned to a position of im- DEPARTMENT OF TRANSPORTATION Committee on Commerce, Science, and portance and responsibility under title 10, Transportation be authorized to meet U.S.C., section 601: Peter M. Rogoff, of Virginia, to be Federal during the session of the Senate on To be vice admiral Transit Administrator. Thursday, May 21, 2009, at 2:30 p.m., in Vice Adm. Richard K. Gallagher DEPARTMENT OF THE TREASURY room 253 of the Russell Senate office IN THE MARINE CORPS Michael S. Barr, of Michigan, to be an As- building. The following named officer for appoint- sistant Secretary of the Treasury. The PRESIDING OFFICER. Without ment to the grade of lieutenant general in NOMINATIONS PLACED ON THE SECRETARY’S objection, it is so ordered. the United States Marine Corps while as- DESK f signed to a position of importance and re- IN THE AIR FORCE sponsibility under title 10, U.S.C., section PN239 AIR FORCE nominations (12) begin- EXECUTIVE SESSION 601: ning WILLIAM A. BARTOUL, and ending To be lieutenant general GEORGE T. YOUSTRA, which nominations EXECUTIVE CALENDAR Maj. Gen. Terry G. Robling were received by the Senate and appeared in Mr. REID. Mr. President, I ask unan- The following named officer for appoint- the Congressional Record of March 25, 2009. imous consent that the Senate proceed ment to the grade of lieutenant general in PN240 AIR FORCE nominations (2394) be- the United States Marine Corps while as- ginning PETER BRIAN ABERCROMBIE II, to executive session to consider Cal- signed to a position of importance and re- and ending ERIC J. ZUHLSDORF, which endar Nos. 67, 144, 153, to and including sponsibility under title 10, U.S.C., section nominations were received by the Senate and 160, 162, 163, 164, 166, 171, 172, 173, 174, 601: appeared in the Congressional Record of 175, 176, 177, 178, 179, 180, 181, 182, 183, To be lieutenant general March 25, 2009. and all nominations on the Secretary’s Lt. Gen. Joseph F. Dunford, Jr. NATIONAL OCEANIC AND ATMOSPHERIC desk in the Air Force, NOAA, and DEPARTMENT OF STATE ADMINISTRATION Navy; that the nominations be con- Philip J Crowley, of Virginia, to be an As- PN428 NATIONAL OCEANIC AND ATMOS- firmed en bloc; the motions to recon- sistant Secretary of State (Public Affairs). PHERIC ADMINISTRATION nominations

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00116 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5883 (46) beginning MARK H. PICKETT, and end- Whereas President Karzai has instructed the ing its provisions on marital rape and women’s ing RYAN A. WARTICK, which nominations Government of Afghanistan and members of the freedom of movement, to ensure its consistency were received by the Senate and appeared in clergy to review the law and change any articles with internationally recognized rights of the Congressional Record of May 14, 2009. that are not in keeping with Afghanistan’s Con- women, including those contained in treaties to PN429 NATIONAL OCEANIC AND ATMOS- stitution and Islamic Sharia; which Afghanistan is a party; PHERIC ADMINISTRATION nominations Whereas the law includes provisions that are (2) supports the decision by President Karzai (11) beginning HEATHER L. MOE, and end- fundamentally incompatible with the obligations to analyze the draft law and strongly urges him ing MARINA O. KOSENKO, which nomina- of the Government of Afghanistan under var- not to publish it until it has been revised to be tions were received by the Senate and ap- ious international instruments to which it is a consistent with internationally recognized rights peared in the Congressional Record of May party; of women; 14, 2009. Whereas Afghanistan is a signatory of the (3) encourages the Secretary of State, the Spe- Universal Declaration of Human Rights cial Representative to Afghanistan and Paki- IN THE NAVY (UDHR), which establishes the principle of non- stan, the Ambassador-at-Large for Global Wom- PN52 NAVY nomination of Deandrea G. discrimination, including on the basis of sex, en’s Issues, and the United States Ambassador Fuller, which was received by the Senate and and states that men and women are entitled to to Afghanistan to consider and address the sta- appeared in the Congressional Record of Jan- equal rights to marriage, during marriage, and tus of women’s rights and security in Afghani- uary 7, 2009. at its dissolution; stan to ensure that these rights are not being PN57 NAVY nominations (6) beginning Whereas Afghanistan became a party to the eroded through unjust laws, policies, or institu- DANIEL G. CHRISTOFFERSON, and ending International Covenant on Economic, Social tions; and ALBERT D. PERPUSE, which nominations and Cultural Rights, done at New York Decem- (4) encourages the Government of Afghanistan were received by the Senate and appeared in ber 16, 1966, and entered into force January 3, to solicit information and advice from the Min- the Congressional Record of January 7, 2009. 1976 (ICESCR), which emphasizes the principle istry of Justice, the Ministry of Women’s Af- f of self-determination, in that men and women fairs, the Afghanistan Independent Human Rights Commission, and women-led nongovern- LEGISLATIVE SESSION may freely determine their political status as well as their economic, social, and cultural de- mental organizations to ensure that current and The PRESIDING OFFICER. The Sen- velopment; future legislation and official policies protect ate will now resume legislative session. Whereas Afghanistan acceded to the Conven- and uphold the equal rights of women, includ- tion on the Elimination of All Forms of Dis- ing through national campaigns to lead public f crimination Against Women, done at New York discourse on the importance of women’s status SHI’ITE PERSONAL STATUS LAW December 18, 1979, and entered into force Sep- and rights to the overall stability of Afghani- IN AFGHANISTAN tember 3, 1981 (CEDAW), which condemns dis- stan. crimination against women in all its forms and Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- reaffirms the equal rights and responsibilities of imous consent that the Senate now imous consent that the amendment at men and women during marriage and at its dis- the desk be agreed to, the committee- proceed to Calendar No. 61, S. Con. Res. solution; 19. Whereas article 22 of the Constitution of Af- reported amendments, as amended, if The PRESIDING OFFICER. The ghanistan (2003) prohibits any kind of discrimi- amended, be agreed to, the resolution, clerk will report the concurrent resolu- nation between and privilege among the citizens as amended, be agreed to, the pre- tion by title. of Afghanistan and establishes the equal rights amble, as amended, be agreed to, the of all citizens before the law; motions to reconsider be laid upon the The assistant legislative clerk read Whereas the international community and the as follows: table en bloc, and that any statements United States have a long-standing commitment relating to this matter be printed in A concurrent resolution (S. Con. Res. 19) to and interest in working with the people and the RECORD. expressing the sense of Congress that the Government of Afghanistan to re-establish re- Shi’ite Personal Status Law in Afghanistan spect for fundamental human rights and protect The PRESIDING OFFICER. Without violates the fundamental human rights of women’s rights in Afghanistan; and objection, it is so ordered. women and should be repealed. Whereas the provisions in the Shi’ite Personal The amendment (No. 1224) was agreed to, as follows: There being no objection, the Senate Status Law that restrict women’s rights are inconsistent with those goals: Now, therefore, be it proceeded to consider the concurrent Strike the 11th whereas clause. Resolved by the Senate (the House of Rep- The committee-reported amendment resolution, which had been reported resentatives concurring), øThat Congress— from the Committee on Foreign Rela- ø(1) urges the Government of Afghanistan to the resolution was agreed to. tions, with an amendment to strike out and President Hamid Karzai to declare the The committee-reported amendment, all after the resolving clause and insert provisions of the Shi’ite Personal Status as amended, to the preamble was the part printed in italic and to strike Law on marital rape and restrictions on agreed to. The concurrent resolution (S. Con. out the preamble and insert the part women’s freedom of movement unconstitu- tional and an erosion of growth and develop- Res. 19), as amended, was agreed to. printed in italic. ment in Afghanistan; The preamble, as amended, was Whereas in March 2009, the Shi’ite Personal ø(2) supports the decision by President agreed to. Status Law was approved by the parliament of Karzai to analyze the draft law and strongly The concurrent resolution, as amend- Afghanistan and signed by President Hamid urges him not to publish it on the grounds ed, with its preamble, as amended, Karzai; that it violates the Constitution of Afghani- reads as follows: Whereas according to the United Nations, the stan and the basic human rights of women; law legalizes marital rape by mandating that a ø(3) encourages the Secretary of State, the S. CON. RES. 19 wife cannot refuse sex to her husband unless Special Representative to Afghanistan and Whereas in March 2009, the Shi’ite Per- she is ill; Pakistan, the Ambassador-at-Large for sonal Status Law was approved by the par- Whereas the law also weakens mothers’ rights International Women’s Issues, and the liament of Afghanistan and signed by Presi- in the event of a divorce and prohibits a woman United States Ambassador to Afghanistan to dent Hamid Karzai; from leaving her home unless her husband de- consider and address the status of women’s Whereas according to the United Nations, termines it is for a ‘‘legitimate purpose’’; rights and security in Afghanistan to ensure the law legalizes marital rape by mandating Whereas President Barack Obama has called that these rights are not being eroded that a wife cannot refuse sex to her husband the law ‘‘abhorrent’’ and stated that ‘‘there are through unjust laws, policies, or institu- unless she is ill; certain basic principles that all nations should tions; and Whereas the law also weakens mothers’ uphold, and respect for women and respect for ø(4) encourages the Government of Afghan- rights in the event of a divorce and prohibits their freedom and integrity is an important istan to solicit information and advice from a woman from leaving her home unless her principle’’; the Ministry of Justice, the Ministry for husband determines it is for a ‘‘legitimate Whereas the United Nations High Commis- Women’s Affairs, the Afghanistan Inde- purpose’’; sioner for Human Rights has said that the law pendent Human Rights Commission, and Whereas President Barack Obama has represents a ‘‘huge step in the wrong direction’’ women-led nongovernmental organizations called the law ‘‘abhorrent’’ and stated that and is ‘‘extraordinary, reprehensible and remi- to ensure that current and future legislation ‘‘there are certain basic principles that all niscent of the decrees made by the Taliban re- and official policies protect and uphold the nations should uphold, and respect for gime in Afghanistan in the 1990s’’; equal rights of women, including through na- women and respect for their freedom and in- Whereas the Secretary-General of the North tional campaigns to lead public discourse on tegrity is an important principle’’; Atlantic Treaty Organization (NATO) has as- the importance of women’s status and rights Whereas the United Nations High Commis- serted that passage of the law could discourage to the overall stability of Afghanistan.¿ sioner for Human Rights has said that the countries in Europe from contributing addi- That Congress— law represents a ‘‘huge step in the wrong ditional troops to help combat terrorism in the re- (1) urges the Government of Afghanistan to rection’’ and is ‘‘extraordinary, reprehen- gion; revise the Shi’ite Personal Status Law, includ- sible and reminiscent of the decrees made by

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00117 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5884 CONGRESSIONAL RECORD — SENATE May 21, 2009 the Taliban regime in Afghanistan in the THE CALENDAR A resolution (S. Res. 160) condemning the 1990s’’; actions of the Burmese State Peace and De- Whereas the Secretary-General of the Mr. REID. Mr. President, I ask unan- velopment Council against Daw Aung San North Atlantic Treaty Organization (NATO) imous consent that the Senate now Suu Kyi and calling for the immediate and has asserted that passage of the law could proceed to the consideration of the fol- unconditional release of Daw Aung San Suu discourage countries in Europe from contrib- lowing items, en bloc: Calendar No. 65, Kyi. uting additional troops to help combat ter- H.R. 663; Calendar No. 66, H.R. 918, Cal- There being no objection, the Senate rorism in the region; endar No. 67, H.R. 1284; and Calendar proceeded to consider the resolution. Whereas President Karzai has instructed No. 68, H.R. 1595. Mr. MCCONNELL. Mr. President, I the Government of Afghanistan and mem- There being no objection, the Senate rise to note passage of a Senate resolu- bers of the clergy to review the law and change any articles that are not in keeping proceeded to consider the bills en bloc. tion on Burma. This resolution reflects with Afghanistan’s Constitution and Islamic Mr. REID. Mr. President, I ask unan- the U.S. Senate’s unequivocal con- Sharia; imous consent that the bills be read a demnation of the show trial currently Whereas the law includes provisions that third time and passed en bloc, the mo- being conducted by Burmese officials are fundamentally incompatible with the ob- tions to reconsider be laid upon the against Nobel Peace Prize Laureate ligations of the Government of Afghanistan table, there be no intervening action or Aung San Suu Kyi. It is bad enough under various international instruments to debate, and that any statements re- that Suu Kyi has been imprisoned for which it is a party; lated thereto be printed in the RECORD. 13 of the past 19 years. Now the Bur- Whereas Afghanistan is a signatory of the mese regime, the State Peace and De- Universal Declaration of Human Rights The PRESIDING OFFICER. Without (UDHR), which establishes the principle of objection, it is so ordered. velopment Council, has come up with the flimsiest of pretexts to try to de- nondiscrimination, including on the basis of f sex, and states that men and women are en- tain her further. It appears the regime titled to equal rights to marriage, during YVONNE INGRAM-EPHRAIM POST will do anything to consolidate its grip marriage, and at its dissolution; OFFICE BUILDING on power. One suspects that the regime Whereas Afghanistan became a party to The bill (H.R. 663) to designate the wants Suu Kyi behind bars at least the International Covenant on Economic, facility of the United States Postal until elections under its sham con- Social and Cultural Rights, done at New stitution are held in 2010. York December 16, 1966, and entered into Service located at 12877 Broad Street in Sparta, Georgia, as the ‘‘Yvonne I am gratified that this resolution re- force January 3, 1976 (ICESCR), which em- flects the strong, bipartisan view of the phasizes the principle of self-determination, Ingram-Ephraim Post Office Building’’, in that men and women may freely deter- was ordered to a third reading, was Senate on this matter. This resolution, mine their political status as well as their read the third time, and passed. which was authored by Senator GREGG, economic, social, and cultural development; is cosponsored by Senators FEINSTEIN, Whereas article 22 of the Constitution of f DURBIN, MCCAIN, BROWNBACK, Afghanistan (2003) prohibits any kind of dis- STAN LUNDINE POST OFFICE LIEBERMAN, COLLINS, BENNETT, BOND crimination between and privilege among BUILDING and me. It is also cosponsored by the the citizens of Afghanistan and establishes The bill (H.R. 918) to designate the chairman and ranking member of the the equal rights of all citizens before the Senate Foreign Relations Committee, law; facility of the United States Postal Whereas the international community and Service located at 300 East 3rd Street Senators KERRY and LUGAR. A clearer the United States have a long-standing com- in Jamestown, New York, as the ‘‘Stan signal from this chamber about Suu mitment to and interest in working with the Lundine Post Office Building’’, was or- Kyi could hardly be sent. As I noted earlier in the week, the people and Government of Afghanistan to re- dered to a third reading, was read the establish respect for fundamental human members of the Senate have been and third time, and passed. rights and protect women’s rights in Afghan- will continue to monitor the trial of istan; and f Suu Kyi with deep concern. Whereas the provisions in the Shi’ite Per- MAJOR ED W. FREEMAN POST Mr. GREGG. Mr. President, this sonal Status Law that restrict women’s morning Secretary of State Hillary rights are inconsistent with those goals: OFFICE Now, therefore, be it Clinton appeared before the State De- The bill (H.R. 1284) to designate the partment, Foreign Operations, and Re- Resolved by the Senate (the House of Rep- facility of the United States Postal lated Programs Appropriations Sub- resentatives concurring), That Congress— Service located at 103 West Main street (1) urges the Government of Afghanistan to committee to discuss the fiscal year in McLain, Mississippi, as the ‘‘Major 2010 budget request for America’s inter- revise the Shi’ite Personal Status Law, in- Ed W. Freeman Post Office’’, was or- cluding its provisions on marital rape and national affairs programs and oper- women’s freedom of movement, to ensure its dered to a third reading, was read the ations. We had a productive discussion consistency with internationally recognized third time, and passed. on the numerous and extraordinary rights of women, including those contained f challenges that our Nation faces in the in treaties to which Afghanistan is a party; BRIAN K. SCHRAMM POST OFFICE world today. (2) supports the decision by President During the hearing, I brought up the Karzai to analyze the draft law and strongly BUILDING plight of Burmese democracy leader urges him not to publish it until it has been The bill (H.R. 1595) to designate the revised to be consistent with internationally Daw Aung San Suu Kyi, who faces recognized rights of women; facility of the United States Postal criminal charges stemming for an (3) encourages the Secretary of State, the Service located at 3245 Latta Road in uninvited visit by an American citizen Special Representative to Afghanistan and Rochester, New York, as the ‘‘Brian K. to her compound in Rangoon, a com- Pakistan, the Ambassador-at-Large for Glob- Schramm Post Office Building’’, was pound on which she has spent 13 of the al Women’s Issues, and the United States ordered to a third reading, was read the last 19 years under house arrest. These Ambassador to Afghanistan to consider and third time, and passed. charges are absurd and have been address the status of women’s rights and security in Afghanistan to ensure that these f roundly, and appropriately, condemned by the international community. rights are not being eroded through unjust CONDEMNING THE ACTIONS OF laws, policies, or institutions; and Unfortunately, this is not an isolated THE BURMESE STATE PEACE incident but merely the latest attempt (4) encourages the Government of Afghani- AND DEVELOPMENT COUNCIL stan to solicit information and advice from by General Than Shwe and the State the Ministry of Justice, the Ministry of Mr. REID. Mr. President, I ask unan- Peace and Development Council to per- Women’s Affairs, the Afghanistan Inde- imous consent that the Senate now secute Suu Kyi and her National pendent Human Rights Commission, and proceed to the consideration of S. Res. League for Democracy party. women-led nongovernmental organizations 160. I regret that General Than Shwe has to ensure that current and future legislation The PRESIDING OFFICER. The made clear his complete and total dis- and official policies protect and uphold the equal rights of women, including through na- clerk will report the resolution by interest in improving Burma’s rela- tional campaigns to lead public discourse on title. tionship with the United States. It is the importance of women’s status and rights The assistant legislative clerk read apparent that any open hand will be to the overall stability of Afghanistan. as follows: met with a clenched fist.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00118 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5885 The resolution my colleagues and I and multilateral organizations (including who focus on 1 organ of the body, having lit- offer today recognizes the continued the People’s Republic of China, India, and tle knowledge about involvement in other injustices in Burma, and it states un- Japan as well as the Association of South- organs or the interrelation of the syndrome equivocally that we deplore and con- east Asian Nations and the United Nations systemically; Security Council) to secure the immediate Whereas HHT is associated with serious demn the show trial of Suu Kyi. The and unconditional release of Daw Aung San consequences if not treated early, yet the resolution sends a clear message to Suu Kyi and all prisoners of conscience in condition is amenable to early identification Suu Kyi and her supporters that the Burma; and and diagnosis with suitable tests, and there Senate remains squarely on the side of (6) calls upon the State Peace and Develop- are acceptable treatments available in al- freedom and justice in Burma. ment Council to establish, with the full and ready-established facilities such as the 8 I agree with Secretary Clinton that unfettered participation of the National HHT Treatment Centers of Excellence in the more can and should be done on a bilat- League for Democracy and ethnic minori- United States; and eral and multilateral basis to secure ties, a genuine roadmap for the peaceful Whereas adequate Federal funding is need- transition to civilian, democratic rule. ed for education, outreach, and research to the release of Suu Kyi and all prisoners prevent death and disability, improve out- f of conscience in Burma today. The res- comes, reduce costs, and increase the quality olution calls for the Secretary to rein- RECOGNIZING JUNE 2009 AS THE of life for people living with HHT: Now, vigorate such efforts, and I intend to FIRST HHT MONTH therefore, be it continue to work with her in support of Resolved, That the Senate— Mr. REID. Mr. President, I ask unan- human rights in Burma. (1) recognizes the need to pursue research imous consent to proceed to S. Res. 161. Mr. REID. Mr. President, I ask unan- to find better treatments, and eventually, a The PRESIDING OFFICER. The cure for HHT; imous consent that the resolution be clerk will report the resolution by (2) recognizes and supports the HHT Foun- agreed to, the preamble be agreed to, title. dation International as the only advocacy and the motions to reconsider be laid The assistant legislative clerk read organization in the United States working to upon the table. as follows: find a cure for HHT while saving the lives The PRESIDING OFFICER. Without and improving the well-being of individuals objection, it is so ordered. A resolution (S. Res. 161) recognizing June and families affected by HHT through re- The resolution (S. Res. 160) was 2009 as the first National Hereditary Hemor- search, outreach, education, and support; rhagic Telangiecstasia (HHT) month, estab- (3) supports the designation of June 2009 as agreed to. lished to increase awareness of HHT, which The preamble was agreed to. National Hereditary Hemorrhagic is a complex genetic blood vessel disorder Telangiecstasia (HHT) month, to increase The resolution, with its preamble, that affects approximately 70,000 people in awareness of HHT; reads as follows: the United States. (4) acknowledges the need to identify the S. RES. 160 There being no objection, the Senate approximately 90 percent of the HHT popu- Whereas the military regime in Burma, proceeded to consider the resolution. lation that has not yet been diagnosed and is headed by General Than Shwe and the State Mr. REID. Mr. President, I ask unan- at risk for death or disability due to sudden Peace and Development Council (SPDC), has imous consent that the resolution be rupture of the blood vessels in major organs carried out a longstanding and brutal cam- in the body; agreed to, the preamble be agreed to, (5) recognizes the importance of com- paign of persecution against Burmese democ- and the motions to reconsider be laid racy leader Daw Aung San Suu Kyi and her prehensive care centers in providing com- supporters in the National League for De- upon the table. plete care and treatment for each patient mocracy, ethnic minorities, and ordinary The PRESIDING OFFICER. Without with HHT; citizens of Burma who publicly and coura- objection, it is so ordered. (6) recognizes that stroke, lung, and brain geously speak out against the regime’s many The resolution (S. Res. 161) was hemorrhages can be prevented through early injustices, abuses, and atrocities; agreed to. diagnosis, screening, and treatment of HHT; Whereas the military regime in Burma is The preamble was agreed to. (7) recognizes severe hemorrhages in the solely responsible for failing to provide for nose and gastrointestinal tract can be con- The resolution, with its preamble, trolled through intervention, and that heart the basic needs of the people of Burma and reads as follows: has restricted the activities and movement failure can be managed through proper diag- of United Nations agencies and humani- S. RES. 161 nosis of HHT and treatments; tarian nongovernmental organizations oper- Whereas according to the HHT Foundation (8) recognizes that a leading medical and ating in Burma today; International, Hereditary Hemorrhagic academic institution estimated that Whereas Burmese democracy leader Daw Telangiecstasia (HHT), also referred to as $6,600,000,000 of 1-time health care costs can Aung San Suu Kyi has been imprisoned in Osler-Weber-Rendu Syndrome, is a long-ne- be saved through aggressive management of Burma for 13 of the last 19 years, and many glected national health problem that affects HHT in the at-risk population; and members of the National League for Democ- approximately 70,000 (1 in 5,000) people in the (9) encourages the people of the United racy have been similarly jailed, tortured, or United States and 1,200,000 worldwide; States and interested groups to observe and killed; Whereas HHT is an autosomal dominant, support the month through appropriate pro- Whereas Burmese democracy leader Daw uncommon complex genetic blood vessel dis- grams and activities that promote public Aung San Suu Kyi currently faces criminal order, characterized by telangiectases and awareness of HHT and potential treatments charges by the military regime for breaking artery-vein malformations that occurs in for it. the terms of her house arrest, which arose major organs including the lungs, brain, and f from the uninvited visit of an American cit- liver, as well as the nasal mucosa, mouth, izen; and gastrointestinal tract, and skin of the face RECOGNIZING LANGSTON GOLF Whereas these criminal charges are con- and hands; COURSE sistent with other past actions by the mili- Whereas left untreated, HHT can result in Mr. REID. Mr. President, I ask unan- tary regime to harass and persecute Daw considerable morbidity and mortality and imous consent to proceed to S. Res. 162. Aung San Suu Kyi and the National League lead to acute and chronic health problems or The PRESIDING OFFICER. The for Democracy: Now, therefore, be it sudden death; Resolved, That the Senate— Whereas according to the HHT Foundation clerk will report the resolution by (1) condemns and deplores the show trial of International, 20 percent of those with HHT, title. Burmese democracy leader Daw Aung San regardless of age, suffer death and disability; The assistant legislative clerk read Suu Kyi; Whereas according to the HHT Foundation as follows: (2) condemns and deplores the criminal ac- International, due to widespread lack of A resolution (S. Res. 162) recommending tions by the State Peace and Development knowledge of the disorder among medical that the Langston Golf Course, located in Council against Daw Aung San Suu Kyi and professionals, approximately 90 percent of northeast Washington, DC and owned by the members of the National League for Democ- the HHT population has not yet been diag- National Park Service, be recognized for its racy; nosed and is at risk for death or disability important legacy and contributions to Afri- (3) recognizes that currently conditions do due to sudden rupture of the blood vessels in can-American golf history, and for other pur- not exist in Burma for the conduct of cred- major organs in the body; poses. ible and participatory elections; Whereas the HHT Foundation Inter- There being no objection, the Senate (4) calls for the immediate and uncondi- national estimates that 20 to 40 percent of tional release of Daw Aung San Suu Kyi and complications and sudden death due to these proceeded to consider the resolution. all prisoners of conscience in Burma; ‘‘vascular time bombs’’ are preventable; Mr. REID. Mr. President, I ask unan- (5) calls upon the Secretary of State to re- Whereas patients with HHT frequently re- imous consent that the resolution be invigorate efforts with regional governments ceive fragmented care from practitioners agreed to, the preamble be agreed to,

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00119 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5886 CONGRESSIONAL RECORD — SENATE May 21, 2009 the motions to reconsider be laid upon Whereas the Langston Golf Course and re- Whereas the average time from onset of the table, that there be no intervening lated recreational facilities traditionally symptoms to diagnosis of stroke is 24 hours, action or debate, and that any state- have provided additional quality of life value putting many affected children outside the ments relating to this resolution be to all residents of Washington, DC, and will window of 3 hours for the most successful do more so once upgraded to meet its obvi- treatment; printed in the RECORD. ous athletic and historical promise: Now, Whereas many children who experience a The PRESIDING OFFICER. Without therefore, be it stroke will suffer serious, long-term neuro- objection, it is so ordered. Resolved, That it is the sense of the Senate logical disabilities, including— The resolution (S. Res. 162) was that— (1) hemiplegia, which is paralysis of 1 side agreed to. (1) Langston Golf Course, its general man- of the body; The preamble was agreed to. agement, and the Royal Golf and Wake (2) seizures; The resolution, with its preamble, is Robin Golf Clubs are to be commended for (3) speech and vision problems; and as follows: their historical and ongoing contributions to (4) learning difficulties; Whereas such disabilities may require on- S. RES. 162 the local Washington, DC community and the Nation; going physical therapy and surgeries; Whereas the Langston Golf Course was des- (2) the Director of the National Park Serv- Whereas the permanent health concerns ignated for construction by the Department ice and the Secretary of the Interior should and treatments resulting from strokes that of the Interior in the 1930s as a safe and ex- give appropriate consideration to the future occur during childhood and young adulthood panded recreational facility for the local and budget needs of this important park in the have a considerable impact on children, fam- national African-American communities; National Park System that is a historical ilies, and society; Whereas Langston Golf Course was named site, recreational facility, and educational Whereas very little is known about the for John Mercer Langston, the first African- center; and cause, treatment, and prevention of child- American Representative elected to Con- (3) the Secretary of the Senate should hood stroke; gress from the Commonwealth of Virginia, transmit an enrolled copy of this resolution Whereas medical research is the only and who also was a founder of the Howard to the general manager of the Langston Golf means by which the citizens of the United University School of Law; Course. States can identify and develop effective Whereas the Langston Golf Course is be- treatment and prevention strategies for lieved to be the first regulation course in the f childhood stroke; United States to be built almost entirely on DESIGNATING ‘‘NATIONAL CHILD- Whereas early diagnosis and treatment of a refuse landfill; HOOD STROKE AWARENESS DAY’’ childhood stroke greatly improves the Whereas Langston Golf Course has been chances that the affected child will recover placed on the National Register of Historic Mr. REID. Mr. President, I ask unan- and not experience a recurrence; and Places, and the Capital City Open golf tour- imous consent that the Senate proceed Whereas The Children’s Hospital of Phila- nament has made Langston Golf Course its to the consideration of S. Res. 163. delphia should be commended for its initia- home for the past 40 years; The PRESIDING OFFICER. Without tive in creating the Nation’s first program Whereas the first American-born golf pro- objection, it is so ordered. dedicated to pediatric stroke patients: Now, fessional of African-American ancestry was The clerk will state the resolution by therefore, be it John Shippen, who was born circa 1878 in the title. Resolved, That the Senate— Anacostia area of Washington, DC, placed The assistant legislative clerk read (1) supports the designation of an appro- fifth in the second United States Open golf as follows: priate date as ‘‘National Childhood Stroke tournament in 1896 when he was 16 years old, A resolution (S. Res. 163) expressing the Awareness Day’’; and and helped found the Capitol City Golf Club sense of the Senate with respect to childhood (2) urges the people of the United States to in 1925; stroke and designating an appropriate date support the efforts, programs, services, and Whereas the Capitol City Golf Club, even- as ‘‘National Childhood Stroke Awareness advocacy of organizations that work to en- tually renamed the Royal Golf Club and Day.’’ hance public awareness of childhood stroke. Wake Robin Women’s Club, historically has promoted a safe golf facility for African There being no objection, the Senate f proceeded to consider the resolution. Americans in Washington, DC, especially PROVIDING FOR A CONDITIONAL during an era when few facilities were avail- Mr. REID. Mr. President, I ask unanimous consent that the resolution be ADJOURNMENT OF THE HOUSE able, and these 2 clubs remain the oldest Af- OF REPRESENTATIVES AND A rican-American golf clubs in the United agreed to, the preamble be agreed to, States; and the motions to reconsider be laid CONDITIONAL RECESS OR AD- Whereas the Langston facility continues to upon the table; that there be no inter- JOURNMENT OF THE SENATE provide important recreational outlets, in- vening action or debate; that any Mr. REID. Mr. President, I ask unan- structional forums, and a ‘‘safe haven cen- statements related to this resolution imous consent that the Senate proceed ter’’ for the enhancement of the lives of be printed in the RECORD. to the consideration of H. Con. Res. 133. Washington, DC’s inner-city youth; The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas the Langston Golf Course and related recreational facilities provide a home objection, it is so ordered. objection, it is so ordered. for the Nation’s important minority youth The resolution (S. Res. 163) was The clerk will state the concurrent ‘‘First Tee’’ golf instruction and recreational agreed to. resolution by title. program in Washington, DC; The preamble was agreed to. The assistant legislative clerk read Whereas Langston Golf Course’s operations The resolution, with its preamble, as follows: and its related facilities seek to increase reads as follows: A concurrent resolution (H. Con. Res. 133) course-based educational opportunities S. RES. 163 providing for a conditional adjournment of under the auspices of the National Park Whereas a stroke, also known as a cerebro- the House of Representatives and a condi- Service for persons under 18 years of age, vascular accident, is an acute neurologic in- tional recess or adjournment of the Senate. particularly those from populations of the jury that occurs when the blood supply to a There being no objection, the Senate inner-city and historically underrepresented part of the brain is interrupted by a clot in among visitors to units of the National Park proceeded to consider the concurrent the artery or a burst of the artery; resolution. System; Whereas a stroke is a medical emergency Whereas the preservation and ecologically- that can cause permanent neurologic damage Mr. REID. Mr. President, I ask unan- balanced enhancements via future public and or even death if not promptly diagnosed and imous consent that the concurrent res- private funding for the lands making up the treated; olution be agreed to, and the motion to 212 acres of the Langston Golf Course will Whereas 26 out of every 100,000 newborns reconsider be laid upon the table, with benefit the National Park System’s Environ- and almost 3 out of every 100,000 children no intervening action or debate. mental Leadership projects program, the have a stroke each year; The PRESIDING OFFICER. Without Anacostia River Watershed, the city of Whereas an individual can have a stroke objection, it is so ordered. Washington, and the entire Washington, DC before birth; The concurrent resolution (H. Con. metropolitan area; Whereas stroke is among the top 10 causes Whereas Federal funds for enhancements of death for children in the United States; Res. 133) was agreed to, as follows: to the Langston Golf Course have peren- Whereas 9 percent of all children who expe- H. CON. RES. 133 nially been promised but rarely provided, rience a stroke die as a result; Resolved by the House of Representatives (the even after the designation of Langston Golf Whereas stroke recurs in 20 percent of chil- Senate concurring), That when the House ad- Course as a ‘‘Legacy Project for the 21st Cen- dren who have experienced a stroke; journs on any legislative day from Thursday, tury’’, and after significant private funding Whereas the death rate for children who May 21, 2009, through Sunday, May 24, 2009, and contributions were committed and pro- experience a stroke before the age of 1 year on a motion offered pursuant to this concur- vided; and is the highest out of all age groups; rent resolution by its Majority Leader or his

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00120 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE May 21, 2009 CONGRESSIONAL RECORD — SENATE S5887 designee, it stand adjourned until 2 p.m. on FAREWELL TO JOE LAPIA bate on the motion to proceed to Cal- Tuesday, June 2, 2009, or until the time of Mr. REID. Mr. President, while we endar No. 33, S. 146, the Railroad Anti- any reassembly pursuant to section 2 of this trust Enforcement Act of 2009. concurrent resolution, whichever occurs are waiting tonight for the staff to get the necessary closing papers ready so Harry Reid, Tom Harkin, Edward E. first; and that when the Senate recesses or Kaufman, Mark Begich, Bernard Sand- adjourns on any day from Thursday, May 21, we can go out for the recess, I wish to ers, Carl Levin, Jack Reed, Sheldon 2009, through Sunday, May 24, 2009, on a mo- say a couple of things about someone I Whitehouse, Christopher J. Dodd, Rob- tion offered pursuant to this concurrent res- have gotten to know over the past dec- ert Menendez, Robert P. Casey, Jr., olution by its Majority Leader or his des- ade—Joe Lapia. I am going to miss tre- Charles E. Schumer, Kay R. Hagan, ignee, it stand recessed or adjourned until mendously, when we come back next Max Baucus, Kirsten E. Gillibrand, noon on Monday, June 1, 2009, or such other Richard Durbin. time on that day as may be specified in the work period, Joe not being in the motion to recess or adjourn, or until the cloakroom. He has been there for 10 Mr. REID. Mr. President, I now with- time of any reassembly pursuant to section 2 years. He is a fixture in the cloakroom. draw the motion to proceed. of this concurrent resolution, whichever oc- He is someone who is dependable, a The PRESIDING OFFICER. The mo- curs first. great sport, and he is somebody who is tion to proceed is withdrawn. SEC. 2. The Speaker of the House and the so much fun to deal with. I love to talk f Majority Leader of the Senate, or their re- sports with him. He is from Pittsburgh. FAMILY SMOKING PREVENTION spective designees, acting jointly after con- I had to tell him—and I spread it on sultation with the Minority Leader of the AND TOBACCO CONTROL ACT— the record here—that the Pittsburgh House and the Minority Leader of the Sen- MOTION TO PROCEED ate, shall notify the Members of the House teams have never been one of my favor- and the Senate, respectively, to reassemble ites, but they are his. He went to Penn CLOTURE MOTION at such place and time as they may des- State. They have also not been one of Mr. REID. Mr. President, I move to ignate if, in their opinion, the public interest my favorite teams, but they are his. proceed to Calendar No. 47, H.R. 1256, shall warrant it. And the records of the Steelers and and I send a cloture motion to the f Penn State speak for themselves—the desk. great Joe Paterno and the wonderful The PRESIDING OFFICER. The AUTHORITY TO MAKE records the Steelers have made. And clerk will report. APPOINTMENTS Joe went to the White House today to The legislative clerk read as follows: Mr. REID. Mr. President, I ask unan- see the world champion Super Bowl CLOTURE MOTION imous consent that notwithstanding winners—the Pittsburgh Steelers. We, the undersigned Senators, in ac- the recess or adjournment of the Sen- Another thing I am going to miss is cordance with the provisions of rule ate, the President of the Senate, the every time he went home—which was XXII of the Standing Rules of the Sen- President of the Senate pro tempore, quite often, frankly—his mom would ate, hereby move to bring to a close de- and the majority and minority leaders cook stuff. And maybe she thinks he bate on the motion to proceed to Cal- be authorized to make appointments to ate it all, but he didn’t. He brought endar No. 47, H.R. 1256, the Family commissions, committees, boards, con- stuff back, and we shared treats Mrs. Smoking Prevention and Tobacco Con- ferences, or interparliamentary con- Lapia fixed. Brownies were my favor- trol Act. ferences authorized by law, by concur- ite, but there were other things she Harry Reid, Tom Harkin, Edward E. rent action of the two Houses, or by cooked. Kaufman, Mark Begich, Bernard Sand- ers, Michael F. Bennet, Mark Udall, order of the Senate. I think I can speak for the entire Senate family, the people who are here Patty Murray, Claire McCaskill, Carl The PRESIDING OFFICER. Without Levin, Jack Reed, Sheldon Whitehouse, objection, it is so ordered. who make this place work, when I say Christopher J. Dodd, Jeff Merkley, we will all miss Joe. He is going to go Robert Menendez, Charles E. Schumer, f off into the private sector now, which Max Baucus. AUTHORITY TO REPORT LEGISLA- disappoints me because it is always Mr. REID. Mr. President, I now with- TIVE AND EXECUTIVE MATTERS hard getting used to new things. No draw the motion to proceed. matter who replaces Joe, there is only The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- one Joe Lapia. He is someone I will al- imous consent that notwithstanding objection, the motion to proceed is ways remember and I will always con- withdrawn. the Senate’s recess, committees be au- sider my friend. thorized to report legislative and exec- Mr. President, I suggest the absence f utive matters on Friday, May 29, from of a quorum. UNANIMOUS CONSENT AGREE- 10 a.m. to 12 noon. The PRESIDING OFFICER. The MENT—EXECUTIVE CALENDAR The PRESIDING OFFICER. Without clerk will call the roll. Mr. REID. Mr. President, I now, as in objection, it is so ordered. The assistant legislative clerk pro- executive session, ask unanimous con- f ceeded to call the roll. sent that on Tuesday, June 2, after a Mr. REID. Mr. President, I ask unan- period of morning business, the Senate AUTHORITY TO SIGN DULY AU- imous consent that the order for the proceed to executive session to con- THORIZED BILLS AND JOINT quorum call be rescinded. sider Calendar No. 63, the nomination RESOLUTIONS The PRESIDING OFFICER. Without of Regina McCarthy to be an Assistant Mr. REID. Mr. President, I ask unan- objection, it is so ordered. Administrator of EPA; that imme- imous consent that during the adjourn- f diately after the nomination is re- ment of the Senate, Mr. REED of Rhode RAILROAD ANTITRUST ENFORCE- ported the Senate proceed to vote on Island be authorized to sign duly au- MENT ACT OF 2009—MOTION TO the confirmation of the nomination; thorized bills or joint resolutions. PROCEED upon confirmation, the motion to re- The PRESIDING OFFICER. Without consider be laid on the table, the Presi- objection, it is so ordered. CLOTURE MOTION dent be immediately notified of the Mr. REID. Mr. President, I suggest Mr. REID. Mr. President, I move to Senate’s action, and no further mo- the absence of a quorum. proceed to Calendar No. 33, S. 146, and tions be in order and any statements The PRESIDING OFFICER. The I send a cloture motion to the desk. relating to the nomination be printed clerk will call the roll. The PRESIDING OFFICER. The in the RECORD; that the Senate then re- The assistant legislative clerk pro- clerk will report. sume legislative session; that upon re- ceeded to call the roll. The legislative clerk read as follows: suming legislative session, the Senate Mr. REID. Mr. President, I ask unan- CLOTURE MOTION proceed to vote on the motion to in- imous consent that the order for the We, the undersigned Senators, in ac- voke cloture on the motion to proceed quorum call be rescinded. cordance with the provisions of rule to S. 146. The PRESIDING OFFICER. Without XXII of the Standing Rules of the Sen- The PRESIDING OFFICER. Without objection, it is so ordered. ate, hereby move to bring to a close de- objection, it is so ordered.

VerDate Nov 24 2008 06:05 Jul 12, 2009 Jkt 079060 PO 00000 Frm 00121 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S21MY9.REC S21MY9 mmaher on PROD1PC76 with CONG-REC-ONLINE S5888 CONGRESSIONAL RECORD — SENATE May 21, 2009 THANKING SENATORS AND STAFF then be a period of morning business DEPARTMENT OF THE INTERIOR Mr. REID. Mr. President, I want the until 3 p.m., with Senators permitted MICHAEL L. CONNOR, OF MARYLAND, TO BE COMMIS- SIONER OF RECLAMATION. record to reflect the cooperation of Dr. to speak for up to 10 minutes each; I DEPARTMENT OF STATE Barrasso, Senator BARRASSO. He had also ask that following morning business, the Senate resume consideration PHILIP J. CROWLEY, OF VIRGINIA, TO BE AN ASSIST- some concerns about this. We did our ANT SECRETARY OF STATE (PUBLIC AFFAIRS). best to answer them. He has been very of the motion to proceed to Calendar DANIEL BENJAMIN, OF THE DISTRICT OF COLUMBIA, TO positive in his approach. He had some No. 33, S. 146, the railroad antitrust BE COORDINATOR FOR COUNTERTERRORISM, WITH THE legislation. RANK AND STATUS OF AMBASSADOR AT LARGE. questions that needed to be answered. I OFFICE OF THE DIRECTOR OF NATIONAL The PRESIDING OFFICER. Without think they have been answered, and I INTELLIGENCE objection, it is so ordered. appreciate very much his being as PRISCILLA E. GUTHRIE, OF VIRGINIA, TO BE CHIEF IN- courteous as he was through this whole f FORMATION OFFICER, OFFICE OF THE DIRECTOR OF NA- process. He has been a real gentleman, TIONAL INTELLIGENCE. PROGRAM and I appreciate it a lot. THE JUDICIARY Mr. REID. There will be no rollcall FLORENCE Y. PAN, OF THE DISTRICT OF COLUMBIA, TO Mr. President, let me express my ap- BE AN ASSOCIATE JUDGE OF THE SUPERIOR COURT OF preciation to the Presiding Officer. All votes on Monday, June 1. The next vote THE DISTRICT OF COLUMBIA FOR THE TERM OF FIFTEEN Senators are very busy, but you have will be around 11 o’clock on Tuesday, YEARS. been presiding for hours. That is a real June 2. The vote will be on the nomina- DEPARTMENT OF COMMERCE burden. We all appreciate it, especially tion of Virginia McCarthy to be Ad- REBECCA M. BLANK, OF MARYLAND, TO BE UNDER SEC- other Senators appreciate it. We have ministrator of the Environmental Pro- RETARY OF COMMERCE FOR ECONOMIC AFFAIRS. DEPARTMENT OF TRANSPORTATION to have someone presiding. tection Agency. JOHN D. PORCARI, OF MARYLAND, TO BE DEPUTY SEC- I am so impressed with the skills f RETARY OF TRANSPORTATION. that the Senator from Colorado has J. RANDOLPH BABBITT, OF VIRGINIA, TO BE ADMINIS- brought to us. I didn’t know you before ADJOURNMENT UNTIL MONDAY, TRATOR OF THE FEDERAL AVIATION ADMINISTRATION JUNE 1, 2009, AT 2 P.M. FOR THE TERM OF FIVE YEARS. you were appointed by the Governor to EXECUTIVE OFFICE OF THE PRESIDENT come, but the people of Colorado Mr. REID. If there is no further busi- ANEESH CHOPRA, OF VIRGINIA, TO BE AN ASSOCIATE should understand, using an over- ness to come before the Senate, I ask DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- worked term, you hit the ground run- unanimous consent it adjourn under NOLOGY POLICY. ning. You have done so well. You ad- the previous order. DEPARTMENT OF STATE justed so well to Senate life. There being no objection, the Senate, JUDITH A. MCHALE, OF MARYLAND, TO BE UNDER SEC- RETARY OF STATE FOR PUBLIC DIPLOMACY. I say it twice tonight, I am very im- at 9:51 p.m., adjourned until Monday, ROBERT ORRIS BLAKE, JR., OF MARYLAND, A CAREER pressed, and I hope the people of Colo- June 1, 2009, at 2 p.m. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF MINISTER-COUNSELOR, TO BE ASSISTANT SECRETARY rado understand what a good choice f OF STATE FOR SOUTH ASIAN AFFAIRS. Governor Ritter made, choosing you to DEPARTMENT OF LABOR fill the seat of a terrific person, Ken NOMINATIONS SETH DAVID HARRIS, OF NEW JERSEY, TO BE DEPUTY Salazar. Executive nominations received by SECRETARY OF LABOR. Mr. President, I want all the staff to the Senate: NATIONAL MEDIATION BOARD know of my appreciation. I speak for ENVIRONMENTAL PROTECTION AGENCY LINDA A. PUCHALA, OF MARYLAND, TO BE A MEMBER all of us. Every Senator would come OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- PAUL T. ANASTAS, OF CONNECTICUT, TO BE AN ASSIST- PIRING JULY 1, 2009. and say the same thing, but I am the ANT ADMINISTRATOR OF THE ENVIRONMENTAL PROTEC- LINDA A. PUCHALA, OF MARYLAND, TO BE A MEMBER one here to express our appreciation TION AGENCY, VICE GEORGE M. GRAY, RESIGNED. OF THE NATIONAL MEDIATION BOARD FOR A TERM EX- for helping this process go forward. It DEPARTMENT OF STATE PIRING JULY 1, 2012. DEPARTMENT OF EDUCATION is not easy. NANCY J. POWELL, OF IOWA, A CAREER MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF CAREER MIN- JOHN Q. EASTON, OF ILLINOIS, TO BE DIRECTOR OF THE As much time as I have spent over ISTER, TO BE DIRECTOR GENERAL OF THE FOREIGN INSTITUTE OF EDUCATION SCIENCE, DEPARTMENT OF the years on this floor—and it amounts SERVICE, VICE HARRY K. THOMAS, JR., RESIGNED. EDUCATION FOR A TERM OF SIX YEARS. to, all added up—it has probably been DEPARTMENT OF JUSTICE DEPARTMENT OF HOUSING AND URBAN years. As familiar as I am with every- CRANSTON J. MITCHELL, OF VIRGINIA, TO BE A COM- DEVELOPMENT MISSIONER OF THE UNITED STATES PAROLE COMMIS- thing, I couldn’t do it without the help SANDRA BROOKS HENRIQUEZ, OF MASSACHUSETTS, TO SION FOR A TERM OF SIX YEARS. (REAPPOINTMENT) of the staff. BE AN ASSISTANT SECRETARY OF HOUSING AND URBAN IN THE AIR FORCE DEVELOPMENT. It is not only Lula Davis—she has DEPARTMENT OF TRANSPORTATION been such a wonderful asset to the THE FOLLOWING NAMED INDIVIDUAL FOR APPOINT- MENT TO THE GRADE INDICATED IN THE REGULAR AIR PETER M. ROGOFF, OF VIRGINIA, TO BE FEDERAL Democratic caucus—but also the help FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): TRANSIT ADMINISTRATOR. that I get from the Republican side, To be major DEPARTMENT OF THE TREASURY the staff. I think we were always very JOSHUA D. ROSEN MICHAEL S. BARR, OF MICHIGAN, TO BE AN ASSISTANT worried after Marty decided to go IN THE ARMY SECRETARY OF THE TREASURY. downtown. We wanted to make sure THE ABOVE NOMINATIONS WERE APPROVED SUBJECT THE FOLLOWING NAMED INDIVIDUAL TO THE GRADE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- the same goodwill prevailed between INDICATED IN THE RESERVE OF THE ARMY UNDER TITLE QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY David Schiappa and Lula Davis as we 10, U.S.C., SECTION 12203: CONSTITUTED COMMITTEE OF THE SENATE. had before. To be colonel IN THE AIR FORCE It is as good if not better. I am very STUART W. SMYTHE, JR. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- happy with the cooperation we get. I IN THE NAVY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE wish I could express this personally to AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTIONS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT 8036 AND 601: Senator MCCONNELL, but I think he IN THE GRADES INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: To be lieutenant general will get the word. To be captain MAJ. GEN. CHARLES B. GREEN f SCOTT K. RINEER THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ORDERS FOR MONDAY, JUNE 1, To be commander CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 2009 CYNTHIA S. SIKORSKI 601: Mr. REID. I ask unanimous consent To be lieutenant commander To be lieutenant general that when the Senate completes its MARY P. COLVIN MAJ. GEN. HERBERT J. CARLISLE business today, it adjourn under the f THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- provisions of H. Con. Res. 133 until 2 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE p.m, Monday, June 1; that following CONFIRMATIONS AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION the prayer and pledge, the Journal of Executive nominations confirmed by 601: proceedings be approved to date, the the Senate, Thursday, May 21, 2009: To be general GEN. WILLIAM M. FRASER III morning hour be deemed expired, the DEPARTMENT OF COMMERCE time for the two leaders be reserved for THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CAMERON F. KERRY, OF MASSACHUSETTS, TO BE GEN- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- their use later in the day, and there ERAL COUNSEL OF THE DEPARTMENT OF COMMERCE. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE

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AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES MARINE CORPS WHILE ASSIGNED TO A NATIONAL OCEANIC AND ATMOSPHERIC 601: POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER ADMINISTRATION To be lieutenant general TITLE 10, U.S.C., SECTION 601: To be lieutenant general NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- LT. GEN. WILLIAM L. SHELTON TION NOMINATIONS BEGINNING WITH MARK H. PICKETT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MAJ. GEN. TERRY G. ROBLING AND ENDING WITH RYAN A. WARTICK, WHICH NOMINA- IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TIONS WERE RECEIVED BY THE SENATE AND APPEARED CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE TO THE GRADE OF LIEUTENANT GENERAL IN THE IN THE CONGRESSIONAL RECORD ON MAY 14, 2009. AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION UNITED STATES MARINE CORPS WHILE ASSIGNED TO A NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRA- 601: POSITION OF IMPORTANCE AND RESPONSIBILITY UNDER TION NOMINATIONS BEGINNING WITH HEATHER L. MOE To be lieutenant general TITLE 10, U.S.C., SECTION 601: AND ENDING WITH MARINA O. KOSENKO, WHICH NOMINA- TIONS WERE RECEIVED BY THE SENATE AND APPEARED LT. GEN. DANIEL J. DARNELL To be lieutenant general IN THE CONGRESSIONAL RECORD ON MAY 14, 2009. IN THE NAVY LT. GEN. JOSEPH F. DUNFORD, JR. IN THE NAVY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT IN THE AIR FORCE IN THE UNITED STATES NAVY TO THE GRADE INDICATED AIR FORCE NOMINATIONS BEGINNING WITH WILLIAM A. NAVY NOMINATION OF DEANDREA G. FULLER, TO BE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BARTOUL AND ENDING WITH GEORGE T. YOUSTRA, COMMANDER. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NAVY NOMINATIONS BEGINNING WITH DANIEL G. To be vice admiral AND APPEARED IN THE CONGRESSIONAL RECORD ON CHRISTOFFERSON AND ENDING WITH ALBERT D. MARCH 25, 2009. PERPUSE, WHICH NOMINATIONS WERE RECEIVED BY THE VICE ADM. RICHARD K. GALLAGHER AIR FORCE NOMINATIONS BEGINNING WITH PETER SENATE AND APPEARED IN THE CONGRESSIONAL IN THE MARINE CORPS BRIAN ABERCROMBIE II AND ENDING WITH ERIC J. RECORD ON JANUARY 7, 2009. ZUHLSDORF, WHICH NOMINATIONS WERE RECEIVED BY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE SENATE AND APPEARED IN THE CONGRESSIONAL TO THE GRADE OF LIEUTENANT GENERAL IN THE RECORD ON MARCH 25, 2009.

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