August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20561 SENATE—Monday, August 3, 2009

The Senate met at 2 p.m. and was SCHEDULE side simply won’t let the facts get in called to order by the Honorable MARK Mr. REID. Mr. President, following the way of a good story. R. WARNER, a Senator from the Com- leader remarks, the Senate will be in a A Republican Congressman recently monwealth of Virginia. period of morning business for up to 1 claimed that our plan to improve hour. Senator BEGICH will give his health care would ‘‘put seniors in a po- PRAYER maiden speech. We all look forward to sition of being put to death by their The Chaplain, Dr. Barry C. Black, of- this. He will have the first 30 minutes government.’’ fered the following prayer: of morning business time. I note before A Republican Senator made a similar Let us pray. he starts his speech, we are all so statement to mislead his constituents. God our help of the ages past, our pleased with the work he has done. He He actually accused Democrats of pro- hope for years to come, in Your secret has done an outstanding job for the posing a plan that would kill Ameri- places we find our faith and strength. people of the State of Alaska and our cans. It is hard to imagine that. Rather Help us to know ourselves for who we country, and I look forward to his re- than having a serious and real debate are, people who too often seek our own marks. The Republicans will control about a serious and real crisis, some way instead of striving to fulfill Your the final 30 minutes. Senators and Congressmen want the purposes. Cleanse the inner founda- Following morning business, the Sen- American people to believe their col- tions of our hearts from any hint of ate will resume consideration of the leagues are proposing a plan to kill pretense and use our Senators for Your Agriculture Appropriations Act. At 5:30 them. glory. In this challenging hour of the Senate will proceed to a cloture These distortions and distractions human destiny, deepen in our Senators vote on the substitute amendment to are revolting, and they are not limited a sense of surpassing opportunity to do the bill. Additional votes in relation to to health care. their full part in building a better na- the amendments are possible following An artificial controversy is getting tion and world. Lord, fit them to pro- the cloture vote. The deadline for filing far too much attention lately—one tect this land from outward evil and first-degree amendments is 3:30 today. that ignores the undeniable and proven from inner corruption. Make the words In speaking to Senator BROWNBACK fact that President Obama was born in of their mouths and the meditations of and on our side Senator KOHL, who is the United States of America. Last their hearts be acceptable in Your the comanager of the bill and who, of week, one of the Republican leaders in sight, O God, our rock and our Re- course, would love to finish it today, the House of Representatives continued deemer. Amen. Senator BROWNBACK said on Thursday to give this false and misleading claim credence. Let’s be clear: It is a phony f that he thought we could finish the bill this evening and I hope that in fact is issue that does not deserve even a PLEDGE OF ALLEGIANCE the case. The longer we are on this bill minute of our attention on the floor of the Senate. It is absurd, irresponsible, The Honorable MARK R. WARNER led the less time there will be for the Pledge of Allegiance, as follows: Sotomayor speeches, so we look for- and baseless, and the false claims have ward to completing this Agriculture long ago been refuted. I pledge allegiance to the Flag of the The American people have every United States of America and to the Repub- appropriations bill so we can go to the lic for which it stands, one nation under God, Supreme Court nomination and listen right to expect we will solve real prob- indivisible, with liberty and justice for all. to what people have to say about the lems before creating fake problems. new Supreme Court Justice. They should know that rather than f helping them get ahead, some of our f APPOINTMENT OF ACTING colleagues would rather spew ludicrous PRESIDENT PRO TEMPORE HEALTH CARE REFORM conspiracy theories. Mr. REID. Mr. President, the Amer- The other side hasn’t stopped at fake The PRESIDING OFFICER. The ican people wake up every morning arguments and fake issues. We also clerk will please read a communication worrying about real problems. They go have seen them resort to fake letters. to the Senate from the President pro to bed every night with real concerns. Some Members of Congress have re- tempore (Mr. BYRD). They worry about the agonizing sac- cently received forged letters pur- The legislative clerk read the fol- rifices they have to make so they can porting to be from the NAACP. Others lowing letter: afford to stay healthy, and their fear is have received a similar letter signed by U.S. SENATE, sincere. a fake name with a fake job title pur- PRESIDENT PRO TEMPORE, Our response and responsibility to porting to be from a local Hispanic Washington, DC, August 3, 2009. To the Senate: the American people should be equally group. The bogus letters have been Under the provisions of rule I, paragraph 3, grounded in reality. That reality is tracked back to employees of a Repub- of the Standing Rules of the Senate, I hereby that our health care system is in seri- lican lobbying firm. This behavior is appoint the Honorable MARK R. WARNER, a ous distress. I believe serious problems sick, it is shameful, it is dishonest, and Senator from the Commonwealth of Vir- deserve serious efforts by serious legis- it is undemocratic. ginia, to perform the duties of the Chair. lators to develop serious solutions. When we passed the economic recov- ROBERT C. BYRD, Unfortunately, much of what we have ery plan this winter, some opposed it. President pro tempore. seen from the other side is simply one They didn’t believe we needed an ag- Mr. WARNER thereupon assumed the radical distraction after the next. For gressive plan in response to a grave cri- chair as Acting President pro tempore. months, Republicans have perpetuated sis that now is putting people back to f a pollster- and consultant-created work, ensuring middle-class families myth that our plan and our goal is to can get ahead, and investing in our fu- RECOGNITION OF THE MAJORITY have the government run your health ture. But objecting to that legislation LEADER care. It is not. Let me repeat: It is not. is their right. As we start to see a re- The ACTING PRESIDENT pro tem- In fact, one of our core principles is turn on our investment, many of those pore. The majority leader is recog- that if you like the health care you who tried to block this bill have since nized. have, you can keep it. But the other sought credit for the good it is doing.

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

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20562 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 Others who opposed the plan outright— making it easier for American citizens is how we deal with the impact of cli- those who wish we weren’t investing in to afford to live a healthy life. mate change, whether it is how we deal their States and districts—now com- f with the health consequences, how we plain they wish to see us invest more dealt with renewed and increased com- quickly. Well, you can’t have it both RESERVATION OF LEADER TIME merce in an Arctic that is potentially ways. It is yet another embarrassing The ACTING PRESIDENT pro tem- ice free. example of misinformation and mis- pore. Under the previous order, the I applaud him for his efforts and, representation upon which some on the leadership time is reserved. again, shining the light on this issue. other side tend to rely. It seems every day the rest of the coun- I cannot blame people for wondering f try, the rest of the world, is looking to why, with an issue as important as MORNING BUSINESS the Arctic for our science, looking to the Arctic for the knowledge of our el- health care now before us, bipartisan The ACTING PRESIDENT pro tem- ders and researchers, and looking to consensus sometimes seems so elusive. pore. The Senate will proceed to a pe- the Arctic as a true leader in global en- So I say to them: This extreme brand riod of morning business for 1 hour, vironmental policies. of strategy and the extreme tactics with Senators permitted to speak for that come with it are what we have to I applaud him, and I am privileged to up to 10 minutes each, with the time be able to support him in so many of contend with. equally divided and controlled between First, Rush Limbaugh happily admit- these efforts, working on the issues the two leaders or their designees, with that are important to, of course, our ted he wants our President to fail. the distinguished Senator from Alaska, Then a Republican Senator openly ad- State but to the Nation as a whole. Mr. BEGICH, controlling the first 30 f mitted he wants to block the health in- minutes and the Republicans control- surance reform for millions as a way to ling the final 30 minutes. LU YOUNG ‘‘break the President.’’ Another Repub- The Senator from Alaska is recog- Ms. MURKOWSKI. Mr. President, my lican Senator admitted that at least nized. colleague mentioned the passing of a half of the other side’s opposition to re- Mr. BEGICH. I thank the Chair. very dear friend. I wish to take a mo- form is purely political. And an influ- (The remarks of Mr. BEGICH per- ment this afternoon to also acknowl- ential commentator advised Repub- taining to the introduction of S. 1560, edge the passing of Lu Young. licans to avoid consensus at all costs S. 1561, S. 1562, S. 1563, S. 1564, and S. This is a sad day for us in Alaska as and instead ‘‘go for the kill.’’ 1565 are printed in today’s RECORD we come to grips with the very sudden These partisan tactics have con- under ‘‘Statements on Introduced Bills passing of Congressman YOUNG’s wife. sequences. These consequences will be and Joint Resolutions.’’) They have been a team for some 46 evident at any kitchen table, in every years. She died this weekend at their f family budget, and every American’s home in Great Falls, VA. She was only peace of mind. LU YOUNG 67 years old. And they are watching. A poll re- Lu Young was an Athabascan Indian leased last week found that a majority Mr. BEGICH. Mr. President, before yielding the floor, I wish to mark the from the village of Fort Yukon. Fort of Americans credit President Obama Yukon, you may have seen on Senator with putting partisanship aside and passing of a great Alaskan—Lu Young, the wife of Alaska’s long-time Con- BEGICH’s map, is in the interior part of trying to work with congressional Re- the State. It sits 7 miles above the Arc- gressman DON YOUNG. publicans to get this done for the good tic Circle on the north bank of the of the country. Republicans, they Lu passed away suddenly over the weekend. Lu was an Alaskan of true Yukon River. It is about 145 air miles found, weren’t returning the favor. north from Fairbanks. distinction. I am proud to have shared Others may be focused on delaying Congressman YOUNG met Lu in Fort a friendship with her for several dec- and denying health insurance reform, Yukon. This is back in the days when but we will make sure we don’t let that ades. he was a tugboat captain operating a happen. We already have seen what Our State is better because of her barge, carrying products and supplies service and many contributions. The happens when we do nothing. The costs up and down the river. DON taught in of sitting this one out are far too high thoughts and prayers of Alaskans and the wintertime at the BIA schools. Lu and not acting is not an option. me are with Representative YOUNG and was the bookkeeper there in the vil- The American people appreciate his family. lage. They met, they married, and had those Republicans who have come to I yield back the remainder of my 46 years of honest wedded bliss. the negotiating table in good faith. I time. I have to tell you, it is not often one am sorry to say that there simply The ACTING PRESIDENT pro tem- can look at a couple after 46 years of aren’t enough of them. At this stage, pore. The Senator from Alaska. marriage and still see the love and the out of 100 Senators, we have 3 Repub- f gleam and the warmth between two in- licans who are willing to work with us dividuals, one for another. Every day SENATOR BEGICH’S MAIDEN on health care. I am very happy to we saw that. If Lu wasn’t with DON, SPEECH have them, but I wish we had more. DON was talking about Lu. Rather than having a serious and real Ms. MURKOWSKI. Mr. President, I He used to joke when he was in his debate about a serious and real crisis, rise this afternoon to congratulate my campaigns: ‘‘You get two for the price some would prefer to deploy tactics to colleague from Alaska, Senator of one.’’ He wasn’t kidding. DON was in scare the American people. But what BEGICH, and recognize his maiden his office every day, and Lu was also in scares the American people is that speech on the Senate floor. The tradi- the office every day over at the Ray- under the status quo, they live just one tion of giving a maiden speech is one burn Building. She would greet Alas- illness, one accident, or one pink slip that perhaps in recent years has not kans as they would come in. She would away from losing everything. been followed as intently as it has in make sure they were comfortable or if This is no time to let partisanship days gone past. Senator BEGICH has she thought they were taking too much get the best of us. This is no time to highlighted with his remarks today of DON’s time, she would tell them that obsess over fake controversies or op- and with the collection of bills he has too. She would take people over to the pose ideas simply because they were introduced on the Senate floor—the restaurant for lunch. She welcomed proposed by people who sit on the other significance of America’s role as an Alaskans as part of their family. side of this Chamber. This is no time to Arctic nation and the key that Alaska We have a very close and intimate re- instill unfounded fears and incite the holds as a leader in that responsibility. lationship with those we represent in hope that our Nation’s leaders fail. I appreciate what he is doing to shine Alaska. As my new colleague is recog- This is the time to get serious about a spotlight on these issues, whether it nizing, we are a long way from home,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20563 so we kind of band together. We are mers and Mr. Geithner yesterday did Of course it is. Secretary Geithner is part of an extended family. not rule out the possibility of a middle- right. It is pretty hard to deny. Lu was a constant in DON YOUNG’s of- income tax increase. That was widely Then the National Economic Council fice. She ensured that Alaskans who reported all over the country today. Director, Lawrence Summers, was traveled to Washington, DC, would Apparently, they were taken to the asked by Bob Schieffer on CBS if taxes know that the Congressman for all woodshed this morning, and Mr. Gibbs could be raised for middle-income Alaska was going to take care of you. was sent out to say: Oh, no, we are not Americans. Summers said: She was also reminding DON every day: going to raise taxes on middle income There is a lot that can happen over time. It Don’t forget where you come from. Americans. is never a good idea to absolutely rule out Anyone who has ever been to DON’s of- But that is misleading, at best, to things no matter what. fice knows it looks and feels very much the American people. Most people Then he said that what the President like Alaska. Lu made sure that was know that. An article in the New York has been completely clear on is he is never going to change. Times on August 1, was titled: not going to pursue any of these prior- Today the people of Alaska are not ‘‘Obama’s Pledge to Tax Only the Rich ities—not health care—in ways that thinking of Lu’s contributions to DON’s Can’t Pay for Everything, Analysts are primarily burdening middle-class political career. They are reflecting on Say.’’ families. That is something that is not the truly remarkable love between the Among those quoted is Leonard Bur- going to happen. two of them. In a statement this morn- man, ‘‘a veteran of the Clinton admin- There seems to be a subtle switch here to, first of all, never say never ing, Congressman YOUNG summed it up. istration Treasury and director of the He said: ‘‘Lu was my everything, and I nonpartisan Tax Policy Center.’’ and, secondly, say the tax burden is not am heartbroken.’’ That loss breaks the ‘‘This idea,’’ he says, ‘‘that every- going to primarily fall on middle-class golden hearts of all Alaskans as we re- thing new that government provides Americans. ought to be paid for by the top 5 per- I say to my colleague, when you look member our own experiences with Con- cent, that’s a basically unstable way of at some of the provisions that are in gressman YOUNG’s partner, his best governing.’’ the House of Representatives bill on friend, and his heart. I am sure the Senator from Arizona health care, in the Senate HELP Com- Congressman YOUNG has lost the love remembers Isabel Sawhill’s distin- mittee on health care, and some of the of his life, and Alaskans have lost a guished service. She had some com- things that are being considered by the great friend. Regardless of political ments on tax increases as well. ‘‘There Finance Committee, in all three situa- persuasion, all of Alaska grieves with is no way we can pay for health care tions, you do have taxes on working Congressman YOUNG, his daughters, and the rest of the Obama agenda, plus American families, middle-class fami- Joni and Dawn, and their husbands, 14 get our long-term deficits under con- lies. grandchildren, and an extended family trol, simply by raising taxes on the I think that what the Secretary and of lifelong friends throughout the great wealthy,’’ said Isabel V. Sawhill, a Mr. Summers said Sunday is actually land. former Clinton administration budget more true than what the press sec- I yield the floor. official. ‘‘The middle class is going to retary tried to make it out to be. It is Mr. ALEXANDER. Mr. President, of have to contribute as well.’’ simply the recognition of a reality— course, all of us extend our sympathies I wonder if the Senator from Arizona, that you can’t pay for all of this and to Congressman YOUNG and his family. who is a veteran member of the Fi- not impose taxes on middle Americans. The remarks of the Senators from nance Committee, is surprised to see, Mr. ALEXANDER. Mr. President, I Alaska spoke for all of us. first, the two top finance people for the agree with the Senator. His point is a The ACTING PRESIDENT pro tem- Obama administration say we are not valid one. It is not a matter or are they pore. The Senator from Tennessee. going to rule out a middle-class tax in- going to propose middle-income tax in- f crease, and then all of a sudden today, creases. In the health care plans, we al- ORDER OF PROCEDURE the Obama administration says no, ready see that happening. For example, nope, we are going to rule that out in the proposed payroll tax or jobs tax Mr. ALEXANDER. Mr. President, again. What is going on? on employers to pay for the proposed how much time is remaining? Mr. KYL. Mr. President, I say to my health care plan coming out of the The ACTING PRESIDENT pro tem- colleague, I had the same impression House of Representatives, there is a 1 pore. There is 23 ⁄2 minutes remaining. yesterday when I saw Mr. Geithner and very large tax. It could be up to 8 per- Mr. ALEXANDER. Will the Chair Mr. Summers on television. They, cent of payroll. Quoting from the Wall please let me know when 10 minutes re- frankly, were recognizing the reality of Street Journal editorial of July 30: main? the situation. I did not think that So who bears the burden of this tax? The The ACTING PRESIDENT pro tem- much of it because the truth is, the economic research is close to unanimous pore. Yes. people my colleague has quoted are ab- that a payroll tax is tax on labor and is thus Mr. ALEXANDER. Mr. President, I solutely right. You cannot do all the shouldered mostly if not entirely by work- ers. ask unanimous consent that Senator things the President wants to do with- KYL and I be permitted to engage in a out raising taxes, and inevitably that This is a middle-income tax increase colloquy during our time. will be on the middle class. already proposed. Then there is an- The ACTING PRESIDENT pro tem- To put in the RECORD what both other issue that bothers me, especially pore. Without objection, it is so or- Treasury Secretary Geithner and Mr. as a former Governor. Our current Gov- dered. Summers said—this is as reported by ernor of Tennessee called it the ‘‘moth- f George Stephanopoulous, ‘‘This Week’’ er of all unfunded mandates.’’ If we add, as is proposed by both bills, an- MIDDLE-CLASS TAX INCREASE host for ABC. He said: To get the economy back on track, will other 20 million people to Medicaid— Mr. ALEXANDER. Mr. President, a President Obama have to break his pledge which is for low-income people, and the few minutes ago, I was waiting to give not to raise taxes on 95 percent of Ameri- States help pay for that—that is more a television interview with MSNBC. cans? In a ‘‘This Week’’ exclusive, Treasury than 300,000 new people for Tennessee. The White House press secretary, Rob- Secretary Tim Geithner told me, ‘‘We’re The estimates we have gotten from ert Gibbs, was on. He said a most as- going to have to do what’s necessary.’’ Then Tennessee’s department of Medicaid, tonishing thing. He was there, obvi- Stephanopoulous continues: TennCare, is that would cost enough ously, for the purpose of an impromptu When I gave him several opportunities to money to equal the amount raised by a rule out a middle-class tax hike, he wouldn’t press conference to correct what I do it. ‘‘We have to bring these deficits down 5-percent new State income tax. If we thought was a truthful impression left very dramatically,’’ Geithner told me. ‘‘And actually pay doctors a sufficient yesterday by two members of the that’s going to require some very hard amount to cause them to see these peo- Obama administration. Both Mr. Sum- choices.’’ ple who are dumped into Medicaid,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20564 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 then Tennessee would need a total of a $48 billion over 10 years. Who does it cratic-controlled Congressional Budget Of- 10-percent new State income tax. That hit? Fifty-two percent of the taxpayers fice, which advised on July 13: ‘‘If employers is another middle-income tax increase. who claim the deduction earn under who did not offer health insurance were re- Mr. KYL. Mr. President, I would just $50,000 a year. These are not the quired to pay a fee, employee’s wages and ask my colleague also if he is aware other forms of compensation would generally wealthy Americans the President was decline by the amount of that fee from what that there are some other proposals in speaking of. Forty percent of the tax- they otherwise would have been.’’ these various Democratic bills. One is payers who claimed the deduction are that all individuals would be required over the age of 65. To put this in actual dollars, a worker earning, say, $70,000 a year could lose some to buy medical insurance. There would I guarantee you in Arizona we are $5,600 in take home pay to cover the costs of be a penalty if they refused to do so going to look at that provision because ObamaCare. And, by the way; this is in addi- that would go directly to their income a lot of our folks are over 65 and they tion to the 2.5% tax that the individual tax. I believe the latest proposal I saw rely upon the income-tax code to en- worker would have to pay on gross income, if was 2.5 percent of your income tax. sure if they have a catastrophic ex- he doesn’t buy the high-priced health insur- There would be a penalty imposed if pense in any given year that they have ance that the government will mandate. In you didn’t buy insurance. the ability to deduct a portion of that. sum, that’s a near 10-percentage point tax on Now, what happens to, let’s say a Mr. ALEXANDER. As the Senator wages and salaries on top of the 15% that al- young man or woman who has just knows, we have heard about limited ready hits workers to finance Medicare and Social Security. graduated from college, who are no taxes before. We actually have a mil- longer on their parents’ insurance pol- lionaire tax on the books, passed in Even Democrats are aware that his tax icy and they are now going to be re- 1969, 40 years ago, where 155 high-in- would come out of the wallets of the very quired to go into a risk pool along with come Americans were avoiding paying workers they pretend to be helping, so they inserted a provision on page 147 of the bill everybody else? Or let’s say they have Federal income tax. There was the cry: prohibiting firms from cutting salaries to been paying a modest amount for their So let’s tax them. And so we did. pay the tax. Thus they figure they can de- insurance through their college, per- Well, today that is called the alter- cree that wages cannot fall even, as costs haps. What is likely to happen when native minimum tax. Every year we rise. Of course, all this means is that busi- they are thrown into the pool of other have to change it because this year it nesses would lay off some workers, or hire Americans, all of whom are required to was going to affect 28 million Ameri- fewer new ones, or pay lower starting sala- purchase insurance? Will their pre- cans. People who are making $46,000 or ries or other benefits to the workers they do miums go down, or what is the esti- $47,000 as individuals or $70,000 filing hire. mate of what will happen to the pre- jointly were suddenly affected by the Cornell economists Richard Burkhauser miums of these young people? millionaires tax. So beware of the mil- and Kosali Simon predicted in a 2007 Na- Mr. ALEXANDER. The Senator lionaires tax because it soon catches us tional Bureau of Economic Research study makes a good point. If you are young all. that a payroll tax increase of about this and in America and you are forced into Mr. President, I thank the Senator magnitude plus the recent minimum wage increase will translate into hundreds of the health plan that is passing the from Arizona for his time. I see Sen- thousands of lost jobs for those with low House, your costs are going to go up, ator MCCAIN, and I yield the remainder wages. Pay or play schemes, says Mr. and that is a mandate or a tax that ab- of my time to him. But before doing so, Burkauser, ‘‘wind up hurting the very low- solutely will go up. So the Senator is Mr. President, I ask unanimous con- wage workers they are supposed to help.’’ exactly right. sent to include the August 1 New York The CBO agrees, arguing that play or pay For every young person in America Times article and the July 30 editorial policies ‘‘could reduce the hiring of low-wage who is in this plan, their health care from the Wall Street Journal, to which workers, whose wages could not fall by the costs are, by definition, going to go up. I referred. full cost of health insurance or a substantial Their health care costs are going to go There being no objection, the mate- play-or-pay fee if they were close to the min- imum wage.’’ up to help pay for older Americans rial was ordered to be printed in the whose benefits, I might add, are going RECORD, as follows: To make matters worse, many workers and firms would have to pay the Pelosi tax even to go down because half of the health [From the Wall Street Journal, July 30, 2009] care plan is going to be paid for by if the employer already provides health in- THE PELOSI JOBS TAX surance. That’s because the House bill re- Medicare cuts. These Medicare cuts Even many Democrats are revolting quires firms to pay at least 72.5% of health- will not make Medicare solvent, but against Speaker Nancy Pelosi’s 5.4% income insurance premiums for individual workers grandma’s Medicare benefits are going surtax to finance ObamaCare, but another and 65% for families in order to avoid the to be cut to help pay for this new tax in her House bill isn’t getting enough at- tax. A Kaiser Family Foundation survey in health program. tention. To wit, the up to 10-percentage 2008 found that about three in five small Whether it is a benefit cut or a tax point payroll tax increase on workers and businesses fail to meet the Pelosi test and increase, there are a lot of middle-in- businesses that don’t provide health insur- will have to pay the tax. In these instances, come Americans who are already look- ance. This should put to rest the illusion the businesses will have every incentive sim- that no one making more than $250,000 in in- ply to drop their coverage. ing at a very big change in their eco- come will pay higher taxes. nomic circumstances. To understand why, consider how the A new study by Sageworks, Inc., a finan- Mr. KYL. Mr. President, I know we Pelosi jobs tax works. Under the House bill, cial consulting firm, runs the numbers on just have a couple of minutes left. firms with employee payroll of above $250,000 the income statements of actual companies. without a company health plan would pay a It looks at three types of firms with at least There are several other examples—one $5 million in sales: a retailer, a construction that is being considered by the Finance tax starting at 2% of wages per employee. That rate would quickly rise to 8% on firms company and a small manufacturer. The Committee, I know. It is to amend the companies each have total payroll of be- provision of the Tax Code by which if with total payroll of $400,000 or more. A tax credit would help very small businesses ad- tween $750,000 and $1 million a year. Assum- you itemize your deductions and you just to the new costs, but even a firm with a ing the firms absorb the cost of the payroll have medical expenses that exceed 71⁄2 handful of workers is likely to be subject to tax, their net profits fall by one-third on av- percent of your adjusted gross income, this payroll levy. As we went to press, Blue erage. That is on top of the 45% income tax you would get to deduct that from your Dogs were taking credit for pushing those and surtax that many small business owners payroll amounts up to $500,000 and $750,000, would pay as part of the House tax scheme, income tax. so the total reduction in some small business There are two different proposals but those are still small employers. So who bears the burden of this tax? The profits would climb to nearly 80%. These pending in the Finance Committee. In lower after-tax profits would mean fewer both cases, there would be a new tax economic research is close to unanimous that a payroll tax is a tax on labor and is jobs. imposed. The problem is, according to thus shouldered mostly if not entirely by To put it another way, the workers who the Joint Committee on Taxation, re- workers. Employers merely collect the tax will gain health insurance from ObamaCare placing the existing deduction with the and then pass along its costs in lower wages will pay the steepest price for it in either a new provision would increase taxes by or benefits. This is the view of the Demo- shrinking pay check, or no job at all.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20565 [From the New York Times, Aug. 1, 2009] rather than letting the deficit balloon as the viduals, it would single out insurance compa- OBAMA’S PLEDGE TO TAX ONLY THE RICH Republicans, along with President George W. nies that sell ‘‘Cadillac’’ plans. David CAN’T PAY FOR EVERYTHING, ANALYSTS SAY Bush, did when they created the Medicare Axelrod, a White House strategist, has de- (By Jackie Calmes) prescription drug benefit in 2003. That pro- scribed the proposal in populist terms, say- gram will add a projected $803 billion to the ing it would hit ‘‘the $40,000 policies that the WASHINGTON.—Behind Democrats’ struggle national debt in the decade through 2019, ac- head of Goldman Sachs has’’ and ‘‘not im- to pay the $1 trillion 10-year cost of Presi- cording to the White House budget office. pact on the middle class.’’ dent Obama’s promise to overhaul the health ‘‘They charged theirs on the government’s That position, analysts predict, cannot care system is their collision with another of credit card,’’ Rahm Emanuel, the White hold over time. his well-known pledges: that 95 percent of House chief of staff, said of the Republicans. ‘‘There is no way we can pay for health Americans ‘‘will not see their taxes increase Even so, Mr. Obama’s vow to tax only the care and the rest of the Obama agenda, plus by a single dime’’ during his term. rich is a variation ‘‘of Bush’s policy that no- get our long-term deficits under control, This will not be the last time that the body has to pay for anything,’’ said Leonard simply by raising taxes on the wealthy,’’ president runs into a conflict between his au- Burman, a veteran of the Clinton adminis- said Isabel V. Sawhill, a former Clinton ad- dacious agenda and his pay-as-you-go guar- tration Treasury and director of the non- ministration budget official. ‘‘The middle antee, when only 5 percent of taxpayers are partisan Tax Policy Center. class is going to have to contribute as well.’’ being asked to chip in. Critics from conserv- ‘‘Democrats are more worried about the The ACTING PRESIDENT pro tem- ative to liberal warn that Mr. Obama has deficits,’’ Mr. Burman added, but ‘‘they put pore. The Senator from Arizona. tied his and Congress’s hands on a range of the burden on a tiny fraction of the popu- issues, including tax reform and the need to f lation that they figure doesn’t vote for them reduce deficits topping $1 trillion a year. anyway.’’ SOTOMAYOR NOMINATION ‘‘You can only go to the same well so many Mr. Burman and others recall that in the times,’’ said Bruce Bartlett, a Treasury offi- Mr. MCCAIN. Mr. President, it is creation of Social Security and Medicare, cial in the Reagan administration. with great respect for Judge Presidents Franklin D. Roosevelt and Lyn- In the budget, Mr. Obama and Congress don B. Johnson insisted that beneficiaries Sotomayor’s qualifications that I come have already agreed to let the Bush tax cuts contribute through payroll taxes, both to fi- to the floor today to discuss her nomi- for the most affluent expire after 2010, as nance the programs and to give all Ameri- nation to the U.S. Supreme Court. scheduled, but to extend them for everyone cans a vested interest. The same philosophy There is no doubt that Judge else. The top rates, now 33 percent and 35 should apply to seeking universal health cov- percent, will revert to Clinton-era levels of Sotomayor has the professional back- erage, they say. 36 percent and 39.6 percent. ground and qualifications that one The critics do not have a beef with the gov- This idea that everything new that govern- hopes for in a Supreme Court nominee. ernment’s taking more from the wealthiest ment provides ought to be paid for by the top As we all know, she is a former pros- 5 percent, that’s a basically unstable way of Americans, especially given the growing in- ecutor, served as an attorney in private come gap between the rich and everyone governing,’’ Mr. Burman said. Mr. Obama recently dismissed concerns practice, and spent 12 years as an ap- else. They object to doing so for health care pellate court judge. She is an im- over other pressing needs. that taxing the rich to pay for health care ‘‘I want to tax the rich to reduce the def- would foreclose that option when he and mensely qualified candidate. And, obvi- icit,’’ said Robert D. Reischauer, a former di- Congress turn to deficit reduction. ‘‘Health ously, Judge Sotomayor’s life story is rector of the Congressional Budget Office care reform is fiscal reform,’’ he said. inspiring and compelling. who heads the Urban Institute, a center-left ‘‘If we don’t do anything on health care in- As a child of Puerto Rican parents research group. Similarly, Mr. Bartlett, a flation, then we might as well close up shop who did not speak English upon their conservative analyst who often chastises Re- when it comes to dealing with our long-term arrival in New York, Judge Sotomayor publicans for their antitax absolutism, sup- debt and deficit problems, because that’s the driver of it—Medicare and Medicaid,’’ Mr. took it upon herself to learn English ports overhauling the tax code to raise reve- and became an outstanding student. nues. Obama said. As these analysts recognize, taxing the But his no-new-tax admonition for most She graduated cum laude from Prince- rich has its limits both economically and po- Americans even now complicates the behind- ton University and later from Yale litically, such that members of Congress are the-scenes work of the panel he established Law School. Judge Sotomayor herself not likely to tap that well again and again. to recommend ways to simplify the tax code stated that she is ‘‘an ordinary person Polls show strong majorities supporting and raise more revenue. who has been blessed with extraor- higher taxes on those earning more than The panel, which is led by Paul A. Volcker, dinary opportunities and experiences.’’ $250,000 a year, Mr. Obama’s target group. a former chairman of the Federal Reserve, is However, an excellent resume and an Yet some Congressional Democrats are fear- to report by Dec. 4. Overhauling the code, as in 1986, generally creates winners and losers inspiring life story are not enough to ful of Republicans’ attacks that ‘‘soak the qualify one for a lifetime of service on rich’’ tax increases will douse small-business across the board; leaving 95 percent of tax- owners, too, even if the number of those af- payers unscathed will not be easy. the Supreme Court. Those who suggest fected is far less than Republicans suggest. That has already proved true in the health otherwise need to be reminded of Also, higher rates like those in the House care deliberations. Proposals to raise about Miguel Estrada. Mr. Estrada also was a health care legislation could lead to tax $50 billion over 10 years by taxing sugared supremely qualified candidate, and he, avoidance schemes, reducing the govern- drinks foundered partly because the levy too, has an incredible life story. Miguel ment’s collections and warping business de- would hit nearly everyone. Estrada actually emigrated to the And when Congressional leaders opposed cisions, analysts say. United States from Honduras as a teen- The House measure calls for surtaxes rang- Mr. Obama’s chief idea for raising revenues— ing from 1 percent on annual income of limiting affluent taxpayers’ deductions—his ager, understanding very little English. $280,000 to 5.4 percent on income of $1 million campaign vow against taxing the middle Yet he managed to graduate from Co- and more. The millionaires’ surtax would class made finding an acceptable alternative lumbia University and Harvard Law push the top tax rate to 45 percent, the high- difficult. School magna cum laude before serving est since the 1986 tax code overhaul lowered While the president endorsed House Demo- his country as a prosecutor and a law- all rates in return for jettisoning a raft of crats’ surtax idea, saying it ‘‘meets my prin- yer at the Department of Justice. tax breaks for businesses and individuals. ciple that it’s not being shouldered by fami- Later, he found success as a lawyer in lies who are already having a tough time,’’ But the effective top rate would be higher private practice. However, Miguel still, counting the 2.9 percent Medicare pay- he could not embrace a bipartisan Senate roll tax and state and local income taxes. In proposal to tax employer-provided health Estrada, in spite of his qualifications the highest-tax states of Oregon, Hawaii, benefits above a certain amount. He had and remarkable background, in spite of New Jersey, New York and California, it criticized a similar idea as a middle-class tax the fact that millions of Latinos would would be 57 percent, according to the con- during his presidential campaign. have taken great pride in his confirma- servative Heritage Foundation. Yet taxing at least the most generous em- tion, was filibustered by the Democrats In the health debate, Democrats emphasize ployer-provided plans above a threshold seven times—most recently in 2003—be- that they are not just raising taxes on the amount would meet two elusive goals for Mr. cause many Democrats disagreed with rich, but cutting spending, too, mostly for Obama: It would raise a lot of money and, Medicare payments to doctors, hospitals and economists say, cut overall health spending Mr. Estrada’s judicial philosophy. This insurance companies. by making consumers more cost-conscious. was the first filibuster ever to be suc- Also, the Democrats say, at least they are Administration officials recently began cessfully used against a court of ap- trying to pay for the health care initiative, promoting a fallback. Rather than tax indi- peals nominee.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20566 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 I supported Mr. Estrada’s nomination This is exactly the view I disagree our legal system, where traditional electoral to the DC Circuit Court of Appeals, not with. As a district court judge, her de- practice gives no hint of even the existence, because of his inspiring life story or cisions too often strayed beyond legal much less the content, of a constitutional re- impeccable qualifications but because norms. Several times this resulted in quirement for a ‘‘fair shot’’ at party nomina- tion. his judicial philosophy was one of re- her decisions being overturned by the straint. He was explicit in his writings Second Circuit. She was reversed due In her most recent and well-known and responses to the Senate Judiciary to her reliance on foreign law rather reversal by the Supreme Court, the Committee that he would not seek to than U.S. law. She was reversed be- Court unanimously rejected Judge legislate from the bench. cause the Second Circuit found she ex- Sotomayor’s reasoning and held that In 1987, I had my first opportunity to ceeded her jurisdiction in deciding a white firefighters who had passed a provide ‘‘advice and consent’’ on a Su- case involving a State law claim. She race neutral exam were eligible for pro- preme Court nominee. At that time, I was reversed for trying to impose a set- motion. Ricci v. DeStefano raised the stated that the qualifications I be- tlement in a dispute between busi- bar considerably on overt discrimina- lieved were essential for evaluating a nesses, and she was reversed for unnec- tion against one racial group simply to nominee for the bench included integ- essarily limiting the intellectual prop- undo the unintentionally racially rity, character, legal competence and erty rights of free-lance authors. skewed results of otherwise fair and ob- ability, experience, and philosophy and These are but a few examples that led jective employment procedures. Again, judicial temperament. me to vote against her nomination to this case proves that Judge Sotomayor When I spoke of philosophy and judi- the Second Circuit in 1998 because of does not faithfully apply the law we cial temperament, it is specifically her troubling record of being an activ- legislators enact. how one seeks to interpret the law ist judge who strayed beyond the rule Again and again, Judge Sotomayor while serving on the bench. I believe a of law. For this reason, I closely fol- seeks to amend the law to fit the cir- judge should seek to uphold all actions lowed her confirmation hearing last cumstances of the case, thereby sub- of Congress and State legislatures, un- month. During the hearing, she clearly stituting herself in the role of a legis- less they clearly violate a specific sec- stated, ‘‘As a judge, I don’t make law.’’ lator. Our Constitution is very clear in tion of the Constitution, and refrain While I applaud this statement, it its delineation and disbursement of from interpreting the law in a manner does not reflect her record. As an ap- power. It solely tasks the Congress that creates law. While I believe Judge pellate court judge, Judge Sotomayor with creating law. It also clearly de- Sotomayor has many of these quali- has been overturned by the Supreme fines the appropriate role of the courts fications I outlined in 1987, I do not be- Court six times. In several of the rever- to ‘‘extend to all Cases in Law and Eq- lieve she shares my belief in judicial sals of Judge Sotomayor’s Second Cir- uity, arising under this Constitution, restraint. cuit opinions, the Supreme Court the Laws of the United States, and When the Senate was considering strongly criticized her decision and Treaties.’’ To protect the equal, but Judge Sotomayor’s nomination to the reasoning. In a seventh case, the Su- separate roles of all three branches of Second Circuit in 1998, I reviewed her preme Court vacated the ruling, noting government, I cannot support activist decisions and her academic writings. that in her written opinion for the ma- judges that seek to legislate from the Her writings demonstrated that she jority of the Second Circuit, Judge bench. I have not supported such nomi- does not subscribe to the philosophy Sotomayor had ignored two prior Su- nees in the past, and I cannot support that Federal judges should respect the preme Court decisions. such a nominee to the highest court in limited nature of the judicial power While I do not believe reversal by the the land. under our Constitution. Judges who Supreme Court is a disqualifying factor When the people of Arizona sent me stray beyond their constitutional role for being considered for the Federal to Washington, I took an oath. I swore believe judges somehow have a greater bench, I do believe such cases must be to uphold the Constitution. For mil- insight into the meaning of the broad studied in reviewing a nominee’s lions of Americans, it is clear what the principles of our Constitution than rep- record. Most recently, in 2008, the Su- Constitution means. The Constitution resentatives who are elected by the preme Court noted in an opinion over- protects an individual’s right to keep people. These activist judges assume turning Judge Sotomayor that her de- and bear arms to protect himself, his cision ‘‘flies in the face of the statu- the Judiciary is a superlegislature of home, and his family. The Constitution tory language’’ and chided the Second moral philosophers. protects our right to protest our gov- I know of no more profoundly anti- Circuit for extending a remedy that the ernment, speak freely and practice our democratic attitude than that ex- court had ‘‘consistently and repeatedly religious beliefs. pressed by those who want judges to recognized for three decades forecloses The American people will be watch- discover and enforce the ever-changing such an extension here.’’ boundaries of a so-called ‘‘living con- Unfortunately, it appears from this ing this week when the Senate votes on stitution.’’ It demonstrates a lack of case—Malesko v. Correctional Services Judge Sotomayor’s nomination. She is respect for the popular will that is at Corp.—that Judge Sotomayor does not a judge who has foresworn judicial ac- fundamental odds of our republican seek ‘‘fidelity to the law’’ as she tivism in her confirmation hearings, system of government. Regardless of pledged at her confirmation hearing. but who has a long record of it prior to one’s success in academics and govern- As legislators, we must enact laws. The 2009. And should she engage in activist ment service, an individual who does courts must apply the law faithfully. decisions that overturn the considered not appreciate the commonsense limi- The job of a judge is not to make law constitutional judgments of millions of tations on judicial power in our demo- or ignore the law. Americans, if she uses her lifetime ap- cratic system of government ulti- Further, in Lopez Torres v. N.Y. pointment on the bench as a perch to mately lacks a key qualification for a State Board of Education, the Supreme remake law in her own image of jus- lifetime appointment to the bench. Court overturned Judge Sotomayor’s tice, I expect that Americans will hold Although she attempted to walk decision that a State law allowing for us Senators accountable. back from her long public record of ju- the political parties to nominate State Judicial activism demonstrates a dicial activism during her confirma- judges through a judicial district con- lack of respect for the popular will that tion hearings, Judge Sotomayor cannot vention was unconstitutional because is at fundamental odds with our repub- change her record. In a 1996 article in it did not give people, in her view, ‘‘a lican system of government. And, as I the Suffolk University Law Review, fair shot.’’ In overturning her decision, stated earlier, regardless of one’s suc- she stated: the Supreme Court took aim at her cess in academics and in government A given judge (or judges) may develop a views on providing a ‘‘fair shot’’ to all service, an individual who does not ap- novel approach to a specific set of facts or interested persons, stating: preciate the common sense limitations legal framework that pushes the law in a It is hardly a manageable constitutional on judicial power in our democratic new direction. question for judges—especially for judges in system of government ultimately lacks

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a key qualification for a lifetime ap- Last week we saw the administra- Mr. MCCAIN. I thank the Chair. pointment to the bench. For this rea- tion’s tendency to miss the mark on The ACTING PRESIDENT pro tem- son, and no other, I am unable to sup- economic estimates again with the so- pore. Morning business is closed. port Judge Sotomayor’s nomination. called cash for clunkers program. f I yield the floor. We were told this program would last AGRICULTURE, RURAL DEVELOP- The ACTING PRESIDENT pro tem- for several months. As it turned out, it MENT, FOOD AND DRUG ADMIN- pore. The Republican leader is recog- ran out of money in a week, prompting ISTRATION, AND RELATED nized. the House to rush a $2 billion dollar ex- AGENCIES APPROPRIATIONS Mr. MCCONNELL. Mr. President, be- tension before anybody even had time ACT, 2010 fore I address the matter I came to the to figure out what happened with the Senate floor to address today, I con- first billion. The ACTING PRESIDENT pro tem- gratulate the Senator from Arizona for There is a pattern here, a pattern pore. Under the previous order, the his thoughtful description of the proc- that amounts to an argument—and a Senate will resume consideration of ess by which he has made a decision on very strong argument at that: when H.R. 2997, which the clerk will report. the extraordinarily important issue we the administration comes bearing esti- The assistant legislative clerk read will have before the Senate later this mates, it is not a bad idea to look for as follows: week; that is, the confirmation of a second opinion. All the more so if A bill (H.R. 2997) making appropriations Judge Sotomayor for the Supreme they say they are in a hurry. for Agriculture, Rural Development, Food Court. Americans are telling us that health and Drug Administration, and Related Agen- care is too important to rush. They are cies programs for the fiscal year ending Sep- f tember 30, 2010, and for other purposes. saying it is too important to base our HEALTH CARE WEEK IX, DAY I decisions on this issue solely on the es- Pending: Mr. MCCONNELL. Mr. President, timates that we are getting from the Kohl/Brownback amendment No. 1908, in over the past 2 months, I have come to same people who brought us the stim- the nature of a substitute. the floor time and again to talk about ulus and cash for clunkers. Kohl (for Tester) amendment No. 2230 (to one of the most important issues we amendment No. 1908), to clarify a provision The American people want to know relating to funding for a National Animal face as a Nation: and that is the need what they are getting into when it Identification Program. for commonsense health care reforms comes to changing health care in this Brownback amendment No. 2229 (to amend- which address the serious problems country. And while I have no doubt the ment No. 1908), to establish within the Food that all Americans see in the system as administration is trying, Americans and Drug Administration two review groups it is. I have done this in the context of need some assurance that the esti- to recommend solutions for the prevention, a larger debate about a proposed re- mates they are getting are accurate. diagnosis, and treatment of rare diseases and form that, in my view, could actually And if recent experience is any guide, neglected diseases of the developing world. make our current problems worse. And Kohl (for Murray/Baucus) amendment No. they have reason to be as skeptical as 2225 (to amendment No 1908), to allow State I have had solid support for that view the car dealer who said this to a re- and local governments to participate in the from a number of well-respected porter last week: Conservation Reserve Program. sources. If they can’t administer a program like Kohl (for Nelson (FL)) amendment No. 2226 First and foremost is the independent this, I’d be a little concerned about my (to amendment No. 1908), to prohibit funds Congressional Budget Office, which has health insurance. made available under this act from being refuted several estimates by the ad- I suggest the absence of a quorum. used to enforce a travel or conference policy that prohibits an event from being held in a ministration about the effect its health The ACTING PRESIDENT pro tem- care proposals would have on the econ- location based on a perception that the loca- pore. The clerk will call the roll. tion is a resort or vacation destination. omy in general and health care costs in The assistant legislative clerk pro- The ACTING PRESIDENT pro tem- particular. ceeded to call the roll. pore. The Senator from Arizona is rec- The Director of the CBO has said the Mr. MCCAIN. Mr. President, I ask ognized. Democrat proposals we have seen unanimous consent that the order for would not reverse the upward trend of the quorum call be rescinded. AMENDMENT NO. 1910 TO AMENDMENT NO. 1908 health care costs and would signifi- The ACTING PRESIDENT pro tem- Mr. MCCAIN. I ask unanimous con- cantly increase the government’s share pore. Without objection, it is so or- sent to call up amendment No. 1910 of those costs. The CBO says these pro- dered. which is at the desk. The ACTING PRESIDENT pro tem- posals would add hundreds of billions of f dollars to the national debt. It says pore. Is there objection? Without objec- that one section of one of the proposals CONCLUSION OF MORNING tion, it is so ordered. would cause 10 million people to lose BUSINESS The clerk will report. their current health plans. And it says Mr. MCCAIN. Mr. President, what is The assistant legislative clerk read a so-called Independent Medicare Advi- the pending business before the Sen- as follows: sory Council designed to cut costs ate? The Senator from Arizona [Mr. MCCAIN] probably wouldn’t. The ACTING PRESIDENT pro tem- proposes an amendment numbered 1910 to These findings have helped clarify pore. The Senate is in a period of morn- Amendment No. 1908. the debate over health care—and they ing business. Mr. MCCAIN. I ask unanimous con- have added to a growing perception Mr. MCCAIN. What time does the sent that reading of the amendment be that, though the administration is try- Senate intend to move back to consid- dispensed with. ing very hard, economic estimates are eration of the fiscal year 2010 Agri- The ACTING PRESIDENT pro tem- not the administration’s strong suit. culture appropriations bill? pore. Without objection, it is so or- First there was the stimulus. In try- The ACTING PRESIDENT pro tem- dered. ing to account for rising unemploy- pore. The majority still has 8 minutes The amendment is as follows: ment after a stimulus bill that was remaining in morning business. (Purpose: To strike a setaside for certain meant to arrest it, the administration Mr. MCCAIN. Mr. President, I ask grants authorized under the Rural Elec- said it misread the economy. It also unanimous consent that at this time trification Act) said the stimulus would ‘‘create or we return to the Agriculture appropria- On page 49, strike line 7 and all that fol- save’’ between 3 and 4 million jobs, tions bill that was pending before the lows through ‘‘U.S.C. 918a):’’ on line 12. though now it says it can’t measure Senate. Mr. MCCAIN. Mr. President, I intend how many jobs are created or saved. The ACTING PRESIDENT pro tem- to have three amendments considered. Meanwhile we have lost 2 million of pore. Without objection, it is so or- I discussed with the majority leader them since the stimulus was passed. dered. and the Republican leader how we

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20568 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 would proceed. So at this time, after I as we do here lately, $17.5 million is gram is challenged to function properly make a brief remark about amendment probably not much money given the to the point where the administration No. 1910, I will be calling up amend- kind of behavior the Congress and the would rather see it gone. ment No. 1912 and amendment No. 2030, administration have been up to lately. Note this. Our friends on the Appro- both of which are at the desk. I would still argue, though, to millions priations Committee have not given up Amendment No. 1910 eliminates, as of Americans, including those in my on plundering it yet. This bill provides suggested and recommended strongly home State of Arizona, $17.5 million— $24.3 million for this program, includ- by the President of the United States, in the view of the administration and a ing $16.5 million in earmarks for the U.S. Department of Agriculture’s clear argument, it is not a complicated projects such as $2 million for the High Energy Cost Grant Program. This issue—should be eliminated. Pocasset River in Rhode Island, which is a $17.5 million subsidy designed to I hope we will be able to vote on this is not authorized; $1.5 million for pay for energy generation systems in amendment. Dunloup Creek in West Virginia, which rural areas. This program was proposed AMENDMENT NO. 1912 TO AMENDMENT NO. 1908 is not authorized; and $1 million for the for termination by the administration Mr. MCCAIN. Mr. President, I ask DuPage County Watershed in Illinois, because it is duplicative of existing unanimous consent to set aside the which is not authorized, to name a few. programs, including USDA’s own Rural pending amendment and call up I refer back again to the Office of Utilities Service Loan Program. amendment No. 1912 which is at the Management and Budget publication Under the fiscal year 2010 budget, the desk. entitled ‘‘Terminations, Reductions Rural Utilities Service Program would The ACTING PRESIDENT pro tem- and Savings,’’ where the administra- provide $6.6 billion in electric loans at pore. Without objection, it is so or- tion proposes to terminate watershed no cost to the taxpayers. In compari- dered. and flood prevention operation pro- son, providing $17.5 million in grants, The clerk will report. grams. Congress has earmarked vir- as opposed to a loan, actually costs the The assistant legislative clerk read tually all of this program in recent taxpayer $17.5 million. Moreover, Sen- as follows: years, meaning that agencies are un- ators should know there is $20 million The Senator from Arizona [Mr. MCCAIN] able to prioritize projects on any in unobligated high energy cost grants proposes an amendment numbered 1912 to merit-based criteria such as cost effec- still available from the previous year. amendment No. 1908. tiveness. This is the submission to Congress, The amendment is as follows: So, again, these first two amend- the budget of the U.S. Government for AMENDMENT NO. 1912 TO AMENDMENT NO. 1908 ments, the President of the United fiscal year 2010, by the Office of Man- (Purpose: To strike a provision relating to States, the Office of Management and agement and Budget. Guess what. In certain watershed and flood prevention op- Budget, most any casual observer there is a page that is titled ‘‘Termi- erations) would argue need to be eliminated. nation: High Energy Cost Grant, De- On page 31, strike line 20 and all that fol- AMENDMENT NO. 2030 TO AMENDMENT NO. 1908 partment of Agriculture.’’ It goes on to lows through page 32, line 10. Mr. MCCAIN. Mr. President, I ask say: Mr. MCCAIN. This amendment elimi- unanimous consent to set aside the The administration proposes to eliminate nates the U.S. Watershed and Flood pending amendment and call up the High Energy Cost Grants program be- Prevention Operations Program, also amendment No. 2030, which is at the cause it is duplicative of and less effective known as the Small Watersheds Pro- than the Rural Utilities Service’s electric desk. loan program. gram. The ACTING PRESIDENT pro tem- This program is a textbook example Those are not my words, those are pore. Without objection, it is so or- of how reckless earmarks can dev- dered. the words of the Director of the Office astate a government program. Like the of Management and Budget, who, at The clerk will report. previous four Presidents’ budgets, the The assistant legislative clerk read the direction of the President of the administration proposes to terminate as follows: United States, prepared this document this account because Congress has ear- of certain programs that should be The Senator from Arizona [Mr. MCCAIN] marked virtually all of this program in proposes an amendment numbered 2030 to eliminated. recent years, meaning that the agency amendment No. 1908. It goes on to say: is unable to prioritize projects on any The 2010 budget proposes elimination of The amendment is as follows: the duplicative High Energy Cost Grants merit-based criteria such as cost effec- AMENDMENT NO. 2030 program in favor of electric loans, which are tiveness. (Purpose: To prohibit funding for an more cost effective from the standpoint of According to the Congressional Re- earmark) the taxpayer. Using loans to provide support search Service, the Small Watersheds On page 85, between lines 16 and 17, insert is less expensive than using grants because Program was 97 percent earmarked in the following: loans provide more support . . . with fewer fiscal year 2009, which severely SEC. 7ll. None of the funds made avail- appropriated dollars. For example, the 2010 marginalized the USDA’s ability to able under this Act may be used for the Iowa budget provides for $6.6 billion in electric evaluate and prioritize projects. Ear- Vitality Center, Iowa State University. loans at no cost to the taxpayer. In compari- marks may partly be to blame for the Mr. MCCAIN. This amendment is son, providing $18 million in grants costs the taxpayers $18 million. In addition, the funds findings of a 2003 Office of Management very simple. It prohibits funding of the for High Energy Cost Grants have not been and Budget study that showed this pro- $250,0000 earmark for the Iowa Vitality obligated in a timely manner and $20 million gram has a lower economic return than Center at Iowa State University. in balances from previous year funding are any other Federal flood prevention pro- This earmark is a textbook example still available. gram, including those in the Army of how difficult it is to stop funding for In other words, this amendment Corps of Engineers and the Federal an earmark once it starts. According eliminates a duplicative, unnecessary Emergency Management Agency. to the Web site of the earmark sponsor, program, according to the Director of The onslaught of earmarks over the since fiscal year 2001, the Iowa Vitality the Office of Management and Budget, years has almost certainly contributed Center has received $2,579,000. For and at the President’s request, he has to the current backlog of about 300 un- what? What is so vital about the Iowa sent over one of the programs they funded authorized small watershed Vitality Center that it has required want eliminated. So somehow it ends projects totaling $1.2 billion. As it was over $2.5 million of scarce taxpayer up back in the appropriations bill. originally intended, the Small Water- funds? It seems to me it is a pretty clear-cut sheds Program may be a worthwhile Well, according to their own Web case again that at some point we have program. I am sure we will hear a vig- site, the purpose of the Iowa Commu- to try to make some kinds of cost sav- orous defense of this program. But by nity Vitality Center is to serve as a ings. I admit, as we are throwing inundating it with so-called congres- catalyst in fostering collaborative pub- around billions and trillions of dollars, sionally designated projects, the pro- lic-private partnerships among

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20569 nonmetro community interests to an array of special interest projects Southern Mississippi Thad Cochran stimulate vitality and address barriers which have not been authorized or re- Marine Agricultural Center. Over the to growth. quested, and in the case of two of past 10 years, we have earmarked over I am not making that up. I am not these, they have been requested to be $30.4 million on shrimp aquaculture re- making it up. That is what the Web terminated by the administration. search. site says. Let me repeat. We spent $2.5 The committee report accompanying There is $1 million for potato re- million. The purpose of the Iowa Com- this bill contains 296 congressionally search at Oregon State University. We munity Vitality Center is to serve as a directed spending items, a fancy new have earmarked, over the past 10 years, catalyst in fostering collaborative pub- term for ‘‘earmarks,’’ totaling over $7.1 million for potato research. lic-private partnerships among $220 million. None of these projects was There is $600,000 which is gobbled nonmetro community interests to requested by the administration. Many down by the National Wild Turkey stimulate vitality and address barriers of them were not authorized or com- Federation for projects in Nebraska, to growth. petitively bid in any way. No hearings Georgia, Mississippi, and South Caro- Is there anyone who has a clue as to were held to judge whether these were lina. Since fiscal year 2004, the Na- what that means? I wanted to be clear. national priorities worthy of scarce tional Wild Turkey Federation has re- I am not questioning the merits of this taxpayer dollars. They are in this bill ceived over $1.7 million in earmarks. program, but I am questioning the for one reason and one reason only—be- There is $265,000 for minimizing process. Why was this funding ear- cause of the prerogatives of a select blackbird damage to sunflowers in marked? If the Vitality Center is such few Members of the Senate to serve North and South Dakota. This is an a critical national priority at this their own interests over those of the earmark ‘‘regular’’ for the Agriculture time, why wasn’t the funding author- American taxpayer. appropriations bill. Evidently the ized since 2001 or requested by the Let’s take a look at some of the ear- South Dakota sunflowers have a rather President in his budget submission? marks. Let’s take a look at some of the serious Alfred Hitchcock ‘‘Birds’’ prob- The funding for the Vitality Center is earmarks that are in this bill and its lem. According to the USDA, blackbird often justified as helping communities accompanying reports. There is $250,000 management in North and South Da- ‘‘plan strategically’’ and as ‘‘rep- for gypsy moth research in New Jersey. kota has received over $1.2 million over resenting diverse interest across the Don’t gypsy moths travel all over the the past 5 years. state.’’ However, the sponsors of the country? Why just New Jersey? Over There is $200,000 for Washington earmark neglect to explain why 10 the past 10 years, the taxpayer has State University to study goatgrass. years of strategic planning have been funded $42.8 million worth of gypsy Since 2003, $767,000 has been earmarked insufficient to accomplish this center’s moth research. for goatgrass research. stated purpose. There is $500,000 for the hemlock There is $372,000 for the University of Our current economic situation and woolly adelgid at the University of Pennsylvania to study dairy farm prof- our vital national security interest Tennessee. This is an aphid-like insect. itability. If you are relying on a feder- concerns require, now more than ever, That is a lot of money for that bug. ally mandated study to make your There is $235,000 for noxious weed that we prioritize our Federal spend- dairy farm profitable, you might want management in Nevada. I think a bet- ing. We need to prove to the American to find a new business plan, because ter term for this one is obnoxious. Over people that we are serious about chang- nearly $3.8 million has been earmarked the past 10 years, over $15.4 million has ing the way we do business and we for dairy farm profitability over the been earmarked for Nevada noxious last 10 years. should start with ending the practice weed management. of earmarking. We need to put our na- There is $200,000 for cotton research There is $288,000 for the Iowa Soybean tional priorities first and eliminate un- at Texas Tech University. Congress Association. Since 2002, over $3.3 mil- necessary wasteful earmarks such as subsidizes the industry, the cotton in- lion has been earmarked for the Iowa the Iowa Vitality Center. dustry, to the tune of $3 billion a year. Soybean Association. There is $1 mil- The Agriculture appropriations bill There is $300,000 for floriculture at lion for Mormon cricket control in Ne- for the year 2010 spends about $123 bil- the University of Hawaii. Nearly $3.5 vada; the 10-year total for Mormon lion in direct and mandatory spending, million has been earmarked for flori- cricket control, nearly $13.7 million. an amount that is approximately $234 culture in the past 10 years. There is $260,000 for wine grape re- million above the administration’s There is $165,000 for the Maple Re- search at Washington State University. budget request. We debate this legisla- search Center at the University of According to Washington State Univer- tion in the shadow of the fiscal year Vermont. According to the center’s di- sity’s own Web site, the wine industry 2009 omnibus bill, the omnibus bill rector, Tim Perkins, Maple syrup generates $3 billion in their State, so which doled out $108 billion for U.S. science is a nose-and-mouth science. we are going to pour another $260,000 Department of Agriculture programs, The technical term is organoleptic, into it. There is $350,000 for the Wis- as well as the infamous economic stim- which means you put it in your mouth consin Department of Agriculture to ulus package which provided another and taste it, says Perkins. We get peo- support the ‘‘specialty meats indus- $26.5 billion in agricultural spending. ple who know the flavor of maple try.’’ Specialty meats industry? Since So 2009 is certainly a good year to be a syrup, and off-flavors, and they try 2004, the Wisconsin specialty meats in- U.S. Department of Agriculture pro- each one. Laboratory tests using gas dustry has received over $12.7 million gram office. chromatography provide a breakdown in earmarks. There is $340,000 for the I acknowledge that many of the pro- of the many compounds in the syrup, Center for Beef Excellence in Pennsyl- grams funded by this are valid for pro- which supplements the tastebud ap- vania. According to their own press re- viding important services to the agri- proach. Since 1998, the University of lease, the center was established by the cultural community at large. I com- Vermont Proctor Maple Research Cen- Pennsylvania Department of Agri- mend the members of the Senate Ap- ter has received over $2.1 million in culture just last year. At least we can propriations Committee for reporting earmarks. agree that a $340,000 handout from Con- this bill in a timely manner. I agree we There is $75,000 for farm safety edu- gress is quite a good start. Over $1 mil- should ensure that our farmers stay cation for children in Iowa. Who better lion has been earmarked to the Center out of the red and that some Federal than a bureaucrat in Washington to for Beef Excellence since 2005. There is involvement is necessary to assist low- teach a farmer’s children to be safe. $450,000 for the University of Northern income families under the nutrition The 10-year total for earmarks for Iowa Iowa to study agriculture-based lubri- programs. farm safety education—over $4.2 mil- cants. They have received over $3 mil- Unfortunately, Congress once again lion. lion in the last 10 years. has conformed to the practice of di- There is $300,000 for shrimp aqua- It is not surprising that the largest verting precious taxpayer dollars into culture research at the University of earmark in this bill goes to Hawaii.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20570 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 The Aloha State bags $5 million to con- budgetary crisis, it is inappropriate to priations bill last Thursday. Senator tinue construction of an Agricultural include them in this year’s agricultural BROWNBACK and I were here then to Research Service center to study agri- spending bill, especially when they consider amendments Senators might cultural practices in the Pacific. As my have been identified for termination or wish to offer. We were back on the bill colleagues might know, ARS construc- reduction. Friday, and we were again prepared to tion is one of the most heavily ear- I hope my colleagues will agree that consider amendments. It is my hope we marked accounts in government, so we have higher spending priorities that can complete action on the bill today. much so that the President’s budget are directly related to the purposes of The filing deadline for first-degree actually proposed zeroing out Agricul- this Agriculture bill. This bill is in- amendments was 3:30, and a cloture tural Research Service center con- tended to address farmers, women, vote is scheduled for 5:30. Once we fin- struction for fiscal year 2010 because children, and rural communities with ish this bill, the Senate still has impor- ‘‘Congress routinely earmarks small the greatest need and should not be tant work to do this week before the amounts of funding for [these projects] used as a vehicle for piggybacking pet start of the August recess. I hope any located throughout the nation. The re- projects to get the support of special Senator who has an amendment to sult of scattering funding in this man- interest constituents. offer will come to the floor in the next ner is that . . . few, if any, of the It is no surprise that many of these few hours to see if we can dispose of all projects are able to reach the critical earmarks are not included for practical remaining issues and make it possible threshold of funding that would allow purposes. I know many of my col- to go to final passage as early as this construction to begin. Funding con- leagues have spoken about the eco- evening. struction over such a long time signifi- nomic struggles of America’s hard- AMENDMENT NO. 2233 TO AMENDMENT NO. 1908 cantly increases the amount of money working farmers and low-income fami- I ask unanimous consent to set aside needed to fully complete these projects lies. The farmers and struggling fami- the pending amendment and call up the as well as postponing their completion lies I know are tired of watching their following amendment which is at the for many years.’’ hard-earned money go down the drain. desk and ask for its immediate consid- So here we have a program that is I intend to fight every single unneces- eration: Kohl amendment No. 2233. earmarked so severely that it delays sary, unrequested, unauthorized ear- The ACTING PRESIDENT pro tem- and drives up the cost of approved con- mark in this and every other appro- pore. Without objection, it is so or- struction projects. Not only are we de- priations bill. dered. fiantly funding this Hawaiian facility, I filed 313 amendments to this bill. The clerk will report. the bill provides a total of $47 million The bulk of those amendments seek to The assistant legislative clerk read for a list of 15 of these facilities rang- strike the 296 earmarks, now humor- as follows: ing from $4 million for a fruit lab in ously called ‘‘congressionally directed The Senator from Wisconsin [Mr. KOHL] West Virginia to $2 million for an ani- spending items,’’ in the committee re- proposes an amendment numbered 2233 to mal waste research facility in Ken- port on this bill. I have now offered amendment No. 1908. tucky. only three of these amendments. Let Mr. KOHL. I ask unanimous consent Another amendment I have filed pro- me assure my colleagues I have no that reading of the amendment be dis- poses striking the $50.7 million con- problem with offering, debating, and pensed with. tained in this bill for USDA’s Resource voting on each and every one of the The ACTING PRESIDENT pro tem- Conservation and Development Pro- amendments I have filed. The time has pore. Without objection, it is so or- gram, known as RC&D. The RC&D Pro- come to end this practice. dered. gram was created in 1962 to promote re- This first amendment, which we may The amendment is as follows: source conservation through commu- vote on today, I want to emphasize, (Purpose: To provide the Food and Drug Ad- nity-based conservation leadership eliminates, as recommended by the ministration the ability to collect user fees councils. The RC&D councils have as authorized by the Family Smoking Pre- President and the Office of Manage- vention and Tobacco Control Act) helped to leverage local funding for ef- ment and Budget, the U.S. Department forts such as soil mapping or erosion On page 59, line 22, strike ‘‘2,995,218,000’’ of Agriculture’s High Energy Cost and insert ‘‘3,230,218,000’’. control for rural areas. The adminis- Grants Program, a $17.5 million sub- On page 60, line 9, strike ‘‘and’’. tration supports terminating this pro- sidy designed to pay for energy genera- On page 60, line 12, after ‘‘expended’’, in- gram because, in their own words: tion systems in rural areas. It was pro- sert ‘‘; and $235,000,000 shall be derived from After 47 years, the goal of the RC&D pro- posed for termination by the adminis- tobacco product user fees authorized by the gram has been accomplished. These councils Family Smoking Prevention and Tobacco tration because it is duplicative of ex- Control Act (Public Law 111–31) and shall be have developed sufficiently strong state and isting programs. Under the fiscal year local ties . . . and are now able to secure credited to this account and remain avail- funding for their continued operation with- 2010 budget, the rural utility service able until expended’’. out Federal assistance. The program has program would provide $6.6 billion in On page 60, line 14, strike ‘‘and’’, and insert been in operation for decades and these coun- electric loans at no cost to the tax- after ‘‘, and tobacco product’’ after ‘‘generic cils have a proven track record of success, payers. Senators should know there is drug’’. On page 61, line 12, strike (7) and insert showing that they have outlived the need for $20 million in unobligated high energy ‘‘(8)’’; after ‘‘Research;’’ insert ‘‘(7) Federal funding. cost grants still available from last $216,523,000 shall be for the Center for To- A half-century-old program proposed year. bacco Products and for related field activi- for termination by this administration, I urge a ‘‘yes’’ vote on my amend- ties in the Office of Regulatory Affairs;’’; and yet retained by appropriators for its ment. strike ‘‘$115,882,000’’ and insert ‘‘$117,225,000’’. spoils. I yield the floor and suggest the ab- On page 61, line 15, strike ‘‘(8)’’ and insert I could go on for a long time. sence of a quorum. ‘‘(9)’’. This bill funds several other govern- The ACTING PRESIDENT pro tem- On page 61, line 16, strike $168,728,000’’ and insert ‘‘$171,526,000’’. ment programs that were proposed for pore. The clerk will call the roll. On page 61, line 17, strike ‘‘(9)’’ and insert termination in the President’s budget. The assistant legislative clerk pro- ‘‘(10)’’. I filed amendments to strike these pro- ceeded to call the roll. On page 61, line 18, strike ‘‘$185,793,000’’ and grams as well as zero out the ARS con- Mr. KOHL. I ask unanimous consent insert ‘‘$200,129,000’’. struction account. If successfully that the order for the quorum call be Mr. KOHL. I ask unanimous consent adopted, these amendments would save rescinded. for the adoption of this amendment taxpayers over $144.5 million. As I have The ACTING PRESIDENT pro tem- and the Tester amendment No. 2230 said throughout my comments, some of pore. Without objection, it is so or- which has been approved by both sides. these programs may have merit and dered. The ACTING PRESIDENT pro tem- may be helpful to the designated com- Mr. KOHL. Mr. President, the Senate pore. Without objection, it is so or- munities. But considering our current began work on the Agriculture appro- dered.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20571 The amendments (Nos. 2233 and 2230) under subsections (a) and (b), a report to experience than any Supreme Court were agreed to. Congress that describes both the findings nominee in 100 years. Mr. KOHL. Mr. President, I move to and recommendations made by the review Judge Sotomayor has a compelling, reconsider the vote. groups under subsections (a) and (b); ‘‘pull yourself up by your bootstraps’’ Mr. BROWNBACK. I move to lay that (2) issue, not later than 180 days after sub- personal story. She was raised by a sin- mission of the report to Congress under para- motion on the table. gle mom who emphasized education as The motion to lay on the table was graph (1), guidance based on such rec- ommendations for articles for use in the pre- she struggled to support her family agreed to. vention, diagnosis, and treatment of rare dis- while working as a nurse. With her Mr. BROWNBACK. Mr. President, I eases and for such uses in neglected diseases mother’s strong work ethic and focus ask my colleagues, if people have of the developing world; and on education deeply ingrained in her, amendments, that they come down to (3) develop, not later than 180 days after Judge Sotomayor went on to graduate the floor now and start working on submission of the report to Congress under summa cum laude from Princeton Uni- these. It would be my hope we can paragraph (1), internal review standards versity, and she received her law de- move through this bill as fast as pos- based on such recommendations for articles gree from Yale Law School, where she for use in the prevention, diagnosis, and sible so that we can get to the debate was editor of the Yale Law Journal. on Judge Sotomayor and have as much treatment of rare diseases and for such uses in neglected diseases of the developing She then became a prosecutor in the time as possible to deal with that. I world. Manhattan District Attorney’s office, urge colleagues to start working with Mr. BROWNBACK. This is an amend- where she was tough on criminals and us on these issues. By unanimous con- gained valuable perspective for her sent, the cloture vote has been sched- ment that has been cleared by both sides. It is on neglected and rare dis- later career as a judge. She also be- uled for 5:30 today. There are things we came active in many areas of her com- eases. Senator BROWN has asked to be a need to get resolved; they should be munity, showing her desire to serve cosponsor. I ask unanimous consent taken care of now. others and promote justice in society. that the pending amendment be set AMENDMENT NO. 2229, AS MODIFIED Having served as a volunteer for many aside and that this be considered the Mr. BROWN. I send a modification to efforts in my hometown of Greensboro, pending amendment and that it be my amendment No. 2229 to the desk North Carolina, I know how serving passed. and ask unanimous consent that it be others can enhance one’s under- The ACTING PRESIDENT pro tem- accepted as modified. standing and appreciation of the world. pore. Without objection, it is so or- The ACTING PRESIDENT pro tem- After her time as a prosecutor, Judge pore. Without objection, the amend- dered. If there is no further debate on Sotomayor went into practice as a ment is so modified. the amendment, the question is on commercial litigator, where she dealt The amendment, as modified, is as agreeing to amendment No. 2229, as with business and finance law—an area follows: modified. of importance to my State of North The amendment (No. 2229), as modi- On page 85, between lines 16 and 17, insert Carolina. In 1991, upon the rec- the following: fied, was agreed to. ommendation of then-Senator Daniel Mr. BROWNBACK. What we are try- SEC. 7ll. (a) The Commissioner of Food Patrick Moynihan of New York, she and Drugs may establish within the Food ing to do is to work through the was nominated by President George and Drug Administration a review group amendments to the degree we can. We H.W. Bush to serve as a Federal judge which shall recommend to the Commissioner certainly want to. I ask our colleagues for the Southern District Court of New of Food and Drugs appropriate preclinical, to bring those to the floor as soon as trial design, and regulatory paradigms and York, and in 1992 she was unanimously optimal solutions for the prevention, diag- they possibly can. confirmed for that position by the Sen- I suggest the absence of a quorum. nosis, and treatment of rare diseases: Pro- ate. vided, That the Commissioner of Food and The ACTING PRESIDENT pro tem- While serving as a district court Drugs shall appoint 8 individuals employed pore. The clerk will call the roll. judge, she was known for her tough- by the Food and Drug Administration to The assistant legislative clerk pro- ness, fairness, and dedication to the serve on the review group: Provided further, ceeded to call the roll. law—characteristics of a strong judge. That members of the review group shall have Mrs. HAGAN. Mr. President, I ask Because of her outstanding record on specific expertise relating to the develop- unanimous consent that the order for the district court level, Judge ment of articles for use in the prevention, di- the quorum call be rescinded. agnosis, or treatment of rare diseases, in- Sotomayor was nominated, in 1997, by The ACTING PRESIDENT pro tem- cluding specific expertise in developing or President William Jefferson Clinton, to pore. Without objection, it is so or- carrying out clinical trials. serve as a judge on the U.S. Court of dered. (b) The Commissioner of Food and Drugs Appeals for the Second Circuit. In 1998, Mrs. HAGAN. Mr. President, I ask may establish within the Food and Drug Ad- the Senate confirmed her by a wide ministration a review group which shall rec- unanimous consent to speak for 10 min- margin. ommend to the Commissioner of Food and utes as in morning business. Drugs appropriate preclinical, trial design, Among the Senators voting for her The ACTING PRESIDENT pro tem- confirmation was former North Caro- and regulatory paradigms and optimal solu- pore. Without objection, it is so or- tions for the prevention, diagnosis, and lina Senator Jesse Helms. I would like dered. treatment of neglected diseases of the devel- to think that Senator Helms saw in oping world: Provided, That the Commis- SOTOMAYOR NOMINATION Judge Sotomayor the same qualities sioner of Food and Drugs shall appoint 8 in- Mrs. HAGAN. Mr. President, today I President Obama saw: fairness of mind, dividuals employed by the Food and Drug am pleased to rise in support of Judge supreme intellect, and an unsurpassed Administration to serve on the review group: Sonia Sotomayor’s nomination to be devotion to the law and to our system Provided further, That members of the review an Associate Justice of the Supreme of government. group shall have specific expertise relating Court of the United States. Judge to the development of articles for use in the Some opponents have repeatedly prevention, diagnosis, or treatment of ne- Sotomayor’s background demonstrates brought up a few select comments glected diseases of the developing world, in- that she is an extremely well-qualified, made by Judge Sotomayor to suggest cluding specific expertise in developing or mainstream judge who has the utmost that she will not be impartial. How- carrying out clinical trials: Provided further, respect for precedent and believes in fi- ever, Judge Sotomayor has made it That for the purposes of this section the delity to the law. clear she does not let her background term ‘‘neglected disease of the developing I have always said I do not believe in influence her interpretation of the law. world’’ means a tropical disease, as defined a litmus test for judicial nominees, and Her statements to the Judiciary Com- in section 524(a)(3) of the Federal Food, I will look at the nominee’s record as a Drug, and Cosmetic Act (21 U.S.C. 360n(a)(3)). mittee and her 17-year record on the (c) The Commissioner of Food and Drugs whole. Judge Sotomayor’s record, in bench confirm this. shall— its entirety, is nothing short of impres- As Judge Sotomayor has said: (1) submit, not later than 1 year after the sive. With 17 years on the Federal My record shows that at no point or time date of the establishment of review groups bench, she has more Federal judicial have I ever permitted my personal views or

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The Congressional Research Service Based on my conversations with the Judge Sotomayor has also said that conducted an analysis of her opinions nominee, her statements in her con- as much as her experiences influence and concluded: firmation hearings, and my review of her perspective, they have also taught As a group, the opinions belie easy cat- her record, I intend to support her con- her to be aware of other people’s per- egorization along any ideological spectrum. firmation when it is voted upon later spectives. In 2001, she said: . . . Perhaps the most consistent char- this week, and I urge my colleagues to I am reminded each day that I render deci- acteristic of Judge Sotomayor’s approach as do the same. sions that affect people concretely and that an appellate judge has been an adherence to I yield the floor. I owe them constant and complete vigilance the doctrine of stare decisis, i.e., the uphold- The ACTING PRESIDENT pro tem- in checking my assumptions, presumptions ing of past judicial precedents. and perspectives and ensuring that to the ex- pore. The Senator from Wisconsin. Judge Sotomayor has an impressive Mr. KOHL. Mr. President, I join my tent that my limited abilities and capabili- list of law enforcement endorsements ties permit me, that I reevaluate them and colleagues in congratulating Senator change as circumstances and cases before me and supporters, including the Inter- LEAHY and Senator SESSIONS for their require. national Association of Chiefs of Po- work on the Sotomayor nomination. lice; the National Association of Police As Judge Sotomayor said in her con- The process was fair to both sides, and, Organizations; the National District firmation hearing, her underlying judi- most importantly, fair to the nominee. Attorneys Association; the Fraternal cial philosophy is ‘‘fidelity to the law.’’ I am pleased to rise in support of Order of Police; the National Latino In an independent study, Supreme Judge Sotomayor, an individual whose Peace Officers Association; the Federal Court expert Tom Goldstein looked at life story is an inspiration to millions Law Enforcement Officers Association; 97 race-related cases in which Judge of Americans. A child of immigrants the Federal Hispanic Law Enforcement Sotomayor participated while on the with modest means, Judge Sotomayor Officers Association; the National Or- Second Circuit. He found that she and has risen by dint of exemplary aca- ganization of Black Law Enforcement the rest of her panel ‘‘rejected dis- demic accomplishment and hard work Executives; and the National Sheriffs’ crimination claims roughly 80 times to the cusp of confirmation to our Na- Association. and agreed with them 10 times.’’ The tion’s highest Court. Judge Sotomayor has also been en- circuit rejected discrimination claims But Judge Sotomayor is much more dorsed by the U.S. Chamber of Com- by a margin of 8 to 1. Goldstein wrote: than just a story of accomplishment. merce, which stated: ‘‘Of the 10 cases favoring claims of dis- She has shown herself to be a judge crimination, 9 were unanimous’’ and The Chamber evaluated Judge Sotomayor’s truly worthy of elevation to the Su- record from the standpoint of legal scholar- ‘‘of those 9, in 7, the unanimous panel preme Court. Both on the bench and ship, judicial temperament, and an under- before this committee, Judge included at least one Republican-ap- standing of business and economic issues. pointed judge.’’ Based on the Chamber’s evaluation of her ju- Sotomayor has proved she has the nec- ‘‘Given that record,’’ Goldstein con- dicial record, Judge Sotomayor is well-quali- essary character, competence, and in- cluded, ‘‘it seems absurd to say that fied to serve as an Associate Justice of the tegrity to serve on the Supreme Court. Judge Sotomayor allows race to infect U.S. Supreme Court. Her distinguished 17-year record on the her decisionmaking.’’ The nonpartisan Brennan Center for bench demonstrates a commitment to Judge Sotomayor has also dem- Justice reviewed all of Judge fair and impartial application of the onstrated she does not legislate from Sotomayor’s constitutional law deci- law and respect for the values which the bench, and she gives deference to sions and said: make up our Constitution. Congress in clarifying the intent of Based on this exhaustive review, the con- At her hearing, Judge Sotomayor as- laws. In her dissent to the majority’s clusion is unmistakable: in constitutional sured us she will listen with an open opinion in Hayden v. Pataki, Judge cases, Judge Sotomayor is solidly in the mind to all sides of an argument and Sotomayor wrote: mainstream of the Second Circuit. that she will be mindful of the very The duty of a judge is to follow the law, Judge Sotomayor’s former law clerks real impact her decisions will have on not to question its plain terms. I do not be- wrote a letter endorsing her nomina- each and every American. She pledged lieve that Congress wishes us to disregard tion, in which they said: fidelity to the Constitution and to the the plain language of any statute or to in- As former law clerks to Judge Sotomayor, Court’s precedent, as well as a respon- vent exceptions to the statutes it has cre- each of us can attest to her intellectual sibility to cautiously review precedent ated. prowess, extraordinary work ethic, and com- when justice requires. She also said: mitment to the rule of law. Working for As we conclude the Senate’s action I trust that Congress would prefer to make Judge Sotomayor is an awe-inspiring experi- on Judge Sotomayor’s nomination this any needed changes itself, rather than have ence. We each had the privilege of working week, I believe we need to reflect upon courts do so for it. closely with her as she confronted, and re- the role that confirmation hearings solved, incredibly complex and intellectually Additionally, a comprehensive study demanding legal challenges. Judge play in the Senate’s duty to advise and of Judge Sotomayor’s criminal appel- Sotomayor approaches each case with an consent. While I have no reservations late decisions by the majority staff of open mind and arrives at her decision only about my support for Judge the Senate Judiciary Committee found, after carefully considering all of the perti- Sotomayor, I share the concerns ex- as an appellate judge, Sotomayor sat nent facts and applicable rules of law. pressed by many Americans, legal com- with Republican-appointed judges on The law clerks said they agree with mentators, and others on the Judiciary more than 400 criminal cases. In those many of Judge Sotomayor’s other col- Committee about our committee’s abil- cases, she agreed with all Republican- leagues, who ‘‘respect her intellectual ity to have candid and substantive con- appointed judges 97 percent of the dynamism, collegiality, and balanced, versations with nominees about the time; and she agreed with at least one fair jurisprudence.’’ issues Americans care about. Republican-appointed judge 99 percent I would like to thank and congratu- We all know the confirmation process of the time. late the members of the Judiciary is crucial. It is the public’s only oppor- Judge Sotomayor’s sensible attitude Committee for holding an extraor- tunity to learn about a nominee before toward following the law and her abil- dinarily civil and open Supreme Court he or she serves for life on the highest ity to objectively evaluate all angles of nomination process. I commend Presi- Court in our land. But, for many years her cases has resulted in high ratings dent Obama for selecting a woman, a now, we have seen a familiar pattern and endorsements by numerous organi- Hispanic, and, above all, an extremely from nominees—Democratic and Re- zations. well-qualified nominee. I am thrilled to publican alike—who have learned the

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We cannot ask In early June, TB was discovered in a support if they come forward when nominees to disclose how they would beef cattle herd in Rock County, NE. they discover the herd has a problem. vote on cases that might come before As many of my colleagues know, this is If depopulation indemnity funds are them. But it is reasonable for us to ask a disease that can spread very quickly not available, a producer literally may them to speak more openly about past among cattle. It is also transmissible hesitate to disclose the information. Supreme Court decisions and how they to humans. Then the problem festers and it festers would decide cases that are close This is not just a Nebraska issue or a and it spreads. We simply cannot take calls—what reasoning they would use Midwest issue. As I speak, California, that kind of risk. Consumer confidence and what factors they would consider. Michigan, Minnesota, and New Mexico and producer trust are far too impor- The concerns I raise do not reflect are battling the effects of TB. Other tant. any personal criticism about Judge States, including Colorado, South Da- It is imperative that we make sure Sotomayor. I think she responded to kota, and Texas have had TB scares as USDA has the funding and the tools on our committee’s questions with great well. Although, thankfully, up to this hand to deal with existing TB problems intellect and sincerity and that she has point they have not seen any change in and to take swift action in the event of rightly earned bipartisan praise. their TB status. This problem could future TB discoveries. That is why I However, going forward, I hope to- impact the beef industry nationwide, am offering this amendment—to make gether we can explore ways to achieve and it is critical that we do everything sure the resources are there. the greater candor that the confirma- we can to eliminate it immediately At this point I ask unanimous con- tion process demands and deserves. For when it is discovered. sent that a letter supporting my example, we could convene a bipartisan In Nebraska, thankfully, only two amendment from the National Cattle- group of Judiciary Committee mem- animals in the entire herd tested posi- men’s Beef Association be printed in bers, members of the bar, constitu- tive for the disease, and they were put the RECORD. tional scholars, and perhaps even mem- down to prevent further spread. Since There being no objection, the mate- bers of the media who have experience that time, Nebraska State officials rial was ordered to be printed in the following the Court and our hearings to have worked side by side with USDA RECORD, as follows: help us determine what specific ques- officials to test the infected herd, as NATIONAL CATTLEMEN’S tions we can and should expect sub- well as several neighboring herds, BEEF ASSOCIATION, stantive answers about. If we can do which is the process. Based on the lat- Washington, DC, August 3, 2009. this, then the committee’s unique op- est reports from home, 8,900 cattle have Hon. MIKE JOHANNS, portunity to engage nominees in the been tested to date, and all have, U.S. Senate, Washington, DC. great legal questions facing our Nation thankfully, tested negative for TB. That is great news. DEAR SENATOR JOHANNS: I am writing will more effectively serve the Senate today in support of your amendment to the as we fulfill our constitutional duty. I commend the efforts of the veteri- Fiscal Year 2010 Agriculture Appropriations In the meantime, I commend Presi- narians and the government officials bill that increases United States Department dent Obama for nominating Judge on the ground in Nebraska. I thank of Agriculture (USDA) funding for bovine tu- Sotomayor—a woman of great ability those officials for their efforts. They berculosis (TB) indemnity and depopulation. who has demonstrated an enduring have been aggressively dealing with Bovine TB is a contagious animal disease commitment to public service and to this issue every day since the initial that the cattle industry and Federal govern- ment have been working to eradicate for the law. I look forward to her tenure discovery. I wish to thank the USDA specifically for providing significant close to 100 years. In order to eventually on the Court. eradicate this disease, infected herds must AMENDMENT NO. 2241 TO AMENDMENT NO. 1908 expertise and personnel to assist with be depopulated quickly and the fanner or Mr. JOHANNS. Mr. President, I ask the ongoing testing. The Department’s rancher must be compensated in a fair and unanimous consent that the pending assistance has been sound and it has equitable way for the value of lost cattle. amendment be set aside so that I may been steady. We greatly appreciate it, Your amendment will go far in helping with call up amendment No. 2241. but the work is not yet done. The test- this effort. ing is not quite complete. Hopefully, The work done by the Animal and Plant The ACTING PRESIDENT pro tem- Health Inspection Service (APHIS), the Food pore. Is there objection? Without objec- the results will keep coming back neg- ative, but, regardless, we are going to Safety Inspection Service (FSIS), and state tion, it is so ordered. and industry partners, has been critical in The clerk will report. remain vigilant. containing and managing this disease. FSIS The bill clerk read as follows: We must make sure the USDA has maintains a robust TB surveillance program the resources on hand to respond in the The Senator from Nebraska [Mr. JOHANNS], at harvesting facilities to ensure that no cat- event that further cases of TB are dis- for himself and Mr. NELSON of Nebraska, pro- tle with TB enter the food supply. This illus- poses an amendment numbered 2241 to covered. That could be anywhere in trates the effectiveness of the food safety amendment No. 1908. this country. TB can have a crippling measures utilized in the beef industry. In re- impact on a State’s beef industry. It cent years, APHIS has intensified their TB Mr. JOHANNS. Mr. President, I ask surveillance and has indicated that the dis- unanimous consent that the reading of can negatively impact the ability of State producers to shift cattle State to ease has nearly been eradicated. We also the amendment be dispensed with. know that wildlife play a critical part in the The ACTING PRESIDENT pro tem- State, and, of course, potentially it can transmission of the disease, and industry is pore. Without objection, it is so or- have an impact on export markets. working with both Federal and state govern- dered. Ranchers cannot afford to have their ments to address this. The amendment is as follows: State lose its TB-free status. Anytime In our combined effort for eventual eradi- a disease such as TB is discovered in a cation, the national tuberculosis eradication (Purpose: To provide funding for the tuber- herd, it is absolutely critical the in- program has successfully reduced the inci- culosis program of the Animal and Plant dence of the disease in U.S. cattle. There Health Inspection Service) fected herd be depopulated imme- diately. I say that from my experience continues, however, to be a low incidence of On page 19, line 9, before the period, insert TB as evidenced by the handful of newly the following: ‘‘: Provided further, That of the as a former Secretary of Agriculture. identified infected herds over the past sev- amount available under this heading, at Depopulation is oftentimes essential. eral years. These additional cases are in part least $17,764,000 shall be used for the tuber- Doing so significantly decreases the due to intentional intensified surveillance culosis program (including at least $3,000,000 likelihood of the spread of the disease. activities, and the infected animals, along

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20574 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 with their herd mates, are then quarantined Guantanamo Bay detainees to my If I could just point out that facility in order to control the disease and minimize State, associated with Fort Leaven- to my colleagues—and I hope some of its impact on cattle movement and markets. worth. This has riled up everybody. I them come and attend and address the This has proven to be the most effective was just there this morning, and we Command and General Staff College. method to protect our domestic cattle herd had 100 people who came out after very We get students from around the world since the national program began in 1917. We support USDA’s efforts to eradicate short notice. It is virtually unanimous on a regular basis at that facility. Gen- this disease, but historically we have not in their opinions—not everybody but erally, some 90 countries at any one seen enough funding to adequately com- close to everybody is opposed to this point in time have students at the pensate farmers and ranchers for cattle that idea for a multiple set of reasons. Command and General Staff College. Of had to be depopulated. It is evident with the Moving the Guantanamo Bay detain- these 90 countries that send students limitations of current technology, the wild- ees to Fort Leavenworth and the Fort for their Army training for their mili- life vector, and the complicated nature of Leavenworth area would not work, to tary, half of those students will become TB, that the current amount of Federal start off with, and will significantly general flag officers before their career funding is not adequate. More funding and hurt the core educational and inter- is done. A number of them will become research is needed to provide better answers national mission of the fort. On top of and solutions. Until those solutions are civilian leaders in their own country as found, we need timely and adequate funding that it is totally unnecessary. I hope well. So you get the cream of the crop to depopulate any current beef herds and the administration will start to from around the world. They come compensate cattle producers for their losses. rethink this idea of moving the Guan- here. They also meet with our future Since TB is a concern across the country, tanamo Bay detainees. I think it is a military leaders, and this is the train- this amendment will help to provide that bad idea that we replicate the facility ing center they have. It is the Com- needed compensation and allow the TB we already have at Guantanamo Bay mand and General Staff College at Fort eradication program to be successful. somewhere in the United States be- Leavenworth. We urge the Senate to vote YES on your cause we already have a facility to hold The primary mission of Fort Leaven- amendment during floor consideration of the detainees. We already have a facil- worth is that training as well as that this bill. Thank you for your leadership and ity to try the detainees. It is all set up. relationship and integration between support of U.S. cattle producers. Sincerely, I was there. I led a congressional dele- our U.S. Army forces and forces of GARY VOOGT, gation a couple of months ago. They militaries, Army forces from around President. are being humanely treated, and if the world, which is critically impor- Mr. JOHANNS. Finally, I urge my they are not, and if there are credible tant when you go into places such as colleagues to support this very impor- reports that they are not, then let’s Pakistan or Afghanistan or you are tant amendment to make the resources work on fixing Guantanamo Bay rather working with the Jordanians or the available to the USDA, and I urge my than moving the detainees to the Egyptians, just to name a few. They colleagues, if they have any questions, United States. send leaders from all of those coun- If there are problems, let’s fix them to get in touch with us. This is a very tries, future flag officers to Fort Leav- rather than just say we are going to important issue. enworth to be trained. We have already change the name of the place and we With that, I thank the Chair, and I heard in canvassing students from Jor- are going to move the detainees from yield the floor. dan, Egypt, and Pakistan that they Guantanamo Bay to Leavenworth. We The ACTING PRESIDENT pro tem- will pull their students from Fort are not going to change the opinion of pore. The Senator from Wisconsin. Leavenworth if the detainees are the world of the United States one iota Mr. KOHL. Mr. President, the Sen- moved there. They don’t want to have by substituting the name ‘‘Leaven- ator’s amendment would increase the their military leaders, their future worth’’ for the name ‘‘Guantanamo amount in this bill from $15.7 million military leaders at the same place that Bay,’’ creating a replica of what we al- to $17.7 million. The amendment would the detainees are being held in the ready have at Guantanamo Bay, only require at least $3 million to com- United States, and they have already somewhere else. It would cost hundreds pensate producers for losses. The Sec- stated that to us. of millions of dollars we don’t have So we are going to hurt the core mis- retary currently has access to the when we already have an $11 trillion sion of Fort Leavenworth in a facility Commodity Credit Corporation to com- debt, and it is growing at a rate of that doesn’t have setbacks to safely pensate producers, and we hope the nearly $2 trillion a year. So why would handle this for no gain. I would point Secretary will use those funds as need- we spend hundreds of millions of dol- out that I spoke with the commanding ed. lars doing something that is not going general at Fort Leavenworth yester- Since this amendment would reduce to change world opinion, replicating a day. I called him after I heard about other animal and plant health activi- facility that we already have, that this report on MS-NBC. That was how ties, I must oppose it at this time. slows the process? This doesn’t make I got the news of it. My wife was on the The PRESIDING OFFICER (Mrs. any sense. Internet, and she was on MSNBC’s Web HAGAN). The Senator from Kansas is On top of that, what is being consid- site and she sees that they are think- recognized. ered at Leavenworth would not work. ing about moving the Gitmo detainees Mr. BROWNBACK. Madam President, The fort at Leavenworth—if I could to either Leavenworth or Michigan. I ask unanimous consent to speak as in just talk to my colleagues about this, That didn’t set very well with me, that morning business for such time as I and I hope they will look at the factual that is how I learned about this to may consume. setting. Fort Leavenworth is one of the start off with. The PRESIDING OFFICER. Without smallest Army bases we have around As I started calling around, I called objection, it is so ordered. the world. It is 8 square miles. It butts the commanding general, and he said GUANTANAMO BAY up in and is a part of an urban area of he learned about it pretty late as well Mr. BROWNBACK. Madam President, Kansas City. It has on its border a river and has difficulties, although he is a the reason I ask that on this bill—and and a train that goes through about military man. He will salute and take I do urge my colleagues to come for- every 25 minutes. It is not the secure orders and do what he is directed to do, ward to speak on the Agriculture ap- facility one would need to have for but he is not—he needs to be asked and propriations bill. We have already these detainees. We don’t have any set- brought in to testify about what his cleared some amendments, and we need backs like we have in a number of opinion would be about this issue. I to move forward. other facilities, and it has one of the talked to the Governor in Kansas last Something happened yesterday that highest population densities per square night. The Governor, a Democratic affected my State directly, and that mile or square foot of any of our mili- Governor, has issued a statement pre- was the statement by the administra- tary bases because it houses the Com- viously opposed to this move taking tion—or leak from the administra- mand and General Staff College of the place to Fort Leavenworth. The Con- tion—that they are considering moving military. gresswoman from the area was there

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The Administration urges the Con- gress to continue to apply high standards to unanimously—close to a unanimous situation to be able to house it in Kan- funding decisions so taxpayer money is spent vote—that you have to work with local sas. efficiently and effectively. officials before the Gitmo detainees On top of that, I ask the President to Madam President, I am grateful that can be moved anywhere into the United really listen to the American people. the executive branch has recognized States. Well, the local officials are uni- The American people don’t want these the good work done to craft this bill in formly opposed to this at Leavenworth, detainees moved to the United States. a way that meets the serious require- and we wake up and it is in the morn- They don’t want to hurry up artificial ments of our country. Again, I thank ing paper and nobody has been con- timelines set for moving the detainees the ranking member, Senator BROWN- sulted about it. to the United States, and they feel the BACK, for his help. This is a good bill, I wish to say the detainees in my es- President should be listening to them and I urge all Senators to support its timation deserve appropriate humane and not to European leaders or some- passage. treatment. They deserve to be treated body around the world who doesn’t like I suggest the absence of a quorum. under our international obligations. If the Guantanamo Bay facility and The PRESIDING OFFICER. The they are not getting that, then that thinks it has a bad name. Listen to the clerk will call the roll. needs to be changed, and it needs to be American people on this issue. The bill clerk proceeded to call the changed at Guantanamo Bay. I hope we I ask that the President come and roll. would have international investiga- talk to the Members of Congress who Mr. UDALL of New Mexico. Madam tions to tell us what is not being met may be impacted by this and ask our President, I ask unanimous consent that we are required to do, that is not opinions and look at what is taking that the order for the quorum call be being done. I have not seen any cred- place. This is being rushed. It is on an rescinded. ible international reports that say artificial time deadline. It doesn’t need The PRESIDING OFFICER. Without there are things we are not doing that to happen. It is replicating a facility objection, it is so ordered. we should do at Guantanamo Bay. we have, at a cost of hundreds of mil- Mr. UDALL of New Mexico. Madam There is a gray category that is in- lions of dollars, and it will slow the President, I ask unanimous consent to volved where you have enemy combat- process down. It is a bad idea chasing a speak as in morning business for 12 ants who don’t represent a foreign bad idea with an artificial time limit. I minutes. country, and that is a big part of our ask that the President not do that. The PRESIDING OFFICER. Without problem. There is also a very tough My colleague and I from Kansas will objection, it is so ordered. area, and that is—I saw this when I was fight every step of the way to keep this SOTOMAYOR NOMINATION at Guantanamo Bay—a number of the facility from being moved to Kansas. Mr. UDALL of New Mexico. Madam detainees are continuing the fight We are representing our constituents, President, I rise today to talk about today. While in prison, at Gitmo, they who don’t want these detainees moved Judge Sotomayor’s experience, and I continue the fight. So whoever gets to Kansas. We are going to fight it also want to talk about empathy. these or takes these detainees is going every step of the way. In the period since President Obama to have to be prepared to have the con- With that, I yield the floor and sug- nominated Sotomayor, some of her op- tinuation of the war on terrorism hap- gest the absence of a quorum. ponents have done their best to give pening near them and happening in the The PRESIDING OFFICER. The empathy a bad name. I think that is a prison facility. That is not everybody, clerk will call the roll. shame. It would be sad for us to con- but some of them continue to fight in The bill clerk proceeded to call the firm Sonia Sotomayor but allow her prison. That is going to be a difficult roll. empathy to be discredited as a human situation for whoever is to handle it. Mr. KOHL. Madam President, I ask emotion and a judicial asset. On top of that, our folks at Leaven- unanimous consent that the order for During his confirmation hearings, worth—we have prisoners in there, and the quorum call be rescinded. Clarence Thomas said: the town is proud of their ability to The PRESIDING OFFICER. Without What I bring to this Court, I believe, is an handle various prisoners. Their concern objection, it is so ordered. understanding and the ability to stand in the is not keeping the detainees in, because Mr. KOHL. Madam President, I re- shoes of other people across a broad spec- you can staff up for that, but it is ceived a Statement of Administration trum of this country. keeping out people who seek to get in Policy from the Executive Office of the Justice Thomas’s description of em- or make a statement in that area. President relating to the Agriculture pathy captures one thing Sotomayor Plus, they would have to scale up their appropriations bill. I will read from would bring to this Court: a diversity facilities. that document at this time: of experience and the ability to stand We have a medium-security Bureau The administration strongly supports Sen- in the shoes of other people. of Prisons facility. It is not maximum ate passage of H.R. 2997, with the Com- During her opening statement before security. We have a dominated me- mittee-reported text of S. 1406, making ap- the Judiciary Committee, Judge dium-security disciplinary barracks propriations for Agriculture, Rural Develop- Sotomayor talked about her experience there, and we have space for 25 max- ment, Food and Drug Administration, and as a prosecutor in New York for leg- imum-security prisoners—only 25. You Related Agencies programs for the fiscal endary district attorney Bob Morgen- would have to move out all of the cur- year ending September 30, 2010. A strong, vibrant rural America is central thau. She said: rent military personnel convicted in to the Nation’s future. The bill, as reported I saw children exploited and abused. I felt military courts who are held in the dis- by the Committee, makes important invest- the pain and suffering of families torn apart ciplinary barracks. We are not situated ments in infrastructure so economic progress by the needless deaths of loved ones. I saw to handle this. It would cost a huge does not bypass rural communities. The leg- and learned the tough job law enforcement amount of money, and it would not be islation also provides the resources nec- has in protecting the public. safe to do it at Leavenworth. It is a bad essary to keep food and medicines safe and According to those who knew and idea for us to do that there. reliable. It provides critical support for worked with her, Judge Sotomayor was I ask the President to come to Leav- farmers to continue the Nation’s leading role an excellent prosecutor. She knew the enworth. He was invited by the mayor in feeding the world. In addition, this legisla- law, she studied the facts, and she did tion addresses chronic problems facing this morning. He can look at the facil- Americans, including poverty, nutrition, and the hard work to keep people safe from ity and examine it himself. The Attor- housing. crime. In this difficult job, she bene- ney General can come and examine the Moreover, the legislation responds to the fited from her empathy. Judge facility, look at it, and see what esti- President’s call for investments in programs Sotomayor felt the pain and suffering

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of families destroyed by crime. She felt body else. Again, I disagree. I believe CHAMBLISS, and the amendment be the difficulties law enforcement offi- that justice is not a zero-sum game. modified with the changes at the desk. cers face, and she understood that her Equal justice for minorities does not The PRESIDING OFFICER. Without job was not just about enforcing the mean less justice for others. A judge objection, it is so ordered. law, it was about ending the suffering who feels compassion for those who The clerk will report. crime brings. face the legacy of codified bigotry is The legislative clerk read as follows: During her testimony, Judge not less able to sympathize with a The Senator from Kansas [Mr. BROWN- Sotomayor talked about the ‘‘Tarzan’’ White firefighter who has been denied a BACK], for Mr. CHAMBLISS, for himself and case, a famous burglary and murder Mr. HARKIN, proposes an amendment num- promotion. The law respects the hu- bered 2253, as modified, to amendment No. case she prosecuted. A quarter century manity of every individual. Judges can 1908. later, she still feels deeply the impact and should do the same. Mr. BROWNBACK. Mr. President, I of that crime. I was struck by her de- Judge Sotomayor has explained that ask unanimous consent that the read- scription of how the murder of a son her experience has helped her to ‘‘un- ing of the amendment be dispensed devastated the lives of his mother and derstand, respect and respond to the with. grandmother, how one act of violence concerns and arguments of all litigants The PRESIDING OFFICER. Without produced ripples that destroyed a fam- who appear before me.’’ All litigants. objection, it is so ordered. ily and weakened a community, and As a prosecutor, Judge Sotomayor The amendment is as follows: how the family and the community de- sympathized with the victims of crime. (Purpose: To require a report on the status of manded justice. But she could also look at a defendant the reorganization of the Foreign Agricul- When I served as a Federal pros- and see a fellow human being—some- tural Service and future plans to modify ecutor, I learned that empathy is every body who deserves fairness, if not free- office structures) bit as important as legal knowledge dom. As a judge, she has ruled for civil On page 85, between lines 16 and 17, insert and good judgment. A prosecutor who rights claimants, and she has ruled the following: reads the facts of a crime and cannot against them. She has ruled for pros- SEC. 7ll. Not later than 60 days after the empathize with those involved is not date of enactment of this Act, the Adminis- ecutors and for defendants. Her com- trator of the Foreign Agricultural Service just a strange person, he or she is like- passion has not led her to come down shall submit to Congress a report that de- ly to be an ineffective lawyer. A proper on one side or the other. It has helped scribes the status of the reorganization of respect for the law demands a recogni- her to be both wise and fair—to treat the Foreign Agricultural Service and any fu- tion that individuals involved in a every individual with the respect he or ture plans of the Administrator to modify of- legal dispute are not abstractions; they she deserves. fice structures to meet existing, emerging, are sons, daughters, sisters, and broth- President Obama has nominated a and new priorities. ers, men and women who deserve jus- Supreme Court Justice with a wealth Mr. BROWNBACK. Madam President, tice. Empathy allows us to recognize of both personal and professional expe- it is my understanding this amendment that, and that is essential to the prac- rience. Her experience has given her has been cleared on both sides, so I ask tice of law. It is also an essential qual- the intelligence to understand the law unanimous consent that the amend- ity for judges. and the wisdom to apply it. ment, as modified, be agreed to. Some Members of this body have sug- But it has also given her something The PRESIDING OFFICER. Is there gested that empathy is inconsistent more. Judge Sotomayor has seen hous- further debate? with impartial judgment. I disagree. ing projects and Ivy League dorms. She If not, the question is on agreeing to Judges must, first and foremost, apply has defended those whom society ig- the amendment No. 2253, as modified. law to facts. But this process is not a nores and prosecuted those who ignore The amendment (No. 2253), as modi- mechanical calculation; it requires at- society’s rules. At the trial and appel- fied, was agreed to. Mr. BROWNBACK. I move to recon- tention to the human impact of legal late level, she has seen the human sider the vote, and I move to lay that decisions. Legal reasoning that ignores drama of American law play out in motion on the table. the human dimension risks inhuman countless ways. The motion to lay on the table was outcomes to human problems. Law This experience has given her com- agreed to. without empathy produces decisions passion for the diverse experiences that Mr. BROWNBACK. I suggest the ab- such as Dred Scott and Plessy v. Fer- make up the American experiment. sence of a quorum. guson. It gives you reasoned arguments She understands in a deep and personal The PRESIDING OFFICER. The and unreasonable results. way that we all deserve equal justice clerk will call the roll. When the Supreme Court ruled in under law. I can think of no more im- The legislative clerk proceeded to Dred Scott, its members were applying portant qualification for a Supreme call the roll. the law to the facts as they saw them. Court Justice. Mr. UDALL of New Mexico. Madam One fact they took for granted was She has earned her right to serve on President, I ask unanimous consent that Dred Scott was so different as to the Nation’s highest Court. I look for- that the order for the quorum call be be unworthy of legal protections. The ward to supporting her confirmation. rescinded. Taney Court could not put themselves Madam President, I yield the floor, The PRESIDING OFFICER. Without in Scott’s shoes, and the result was and I suggest the absence of a quorum. objection, it is so ordered. such a rebuke to the values of this Na- The PRESIDING OFFICER. The Mr. UDALL of New Mexico. Madam tion that it helped drive us to civil clerk will call the roll. President, I ask unanimous consent to war. The legislative clerk proceeded to speak as in morning business for 15 When the Court wrote in Plessy that call the roll. minutes. ‘‘the enforced separation of the two Mr. BROWNBACK. Madam President, The PRESIDING OFFICER. Without races [does not stamp] the colored race I ask unanimous consent that the order objection, it is so ordered. with a badge of inferiority,’’ they were for the quorum call be rescinded. CLEAN ENERGY JOBS not misinterpreting the law. They just The PRESIDING OFFICER. Without Mr. UDALL of New Mexico. Madam could not feel the sting of segregation. objection, it is so ordered. President, as I rise today, the world is Or to put it another way, they failed to AMENDMENT NO. 2253, AS MODIFIED, TO engaged in a high-stakes competition. show empathy, and generations of AMENDMENT NO. 1908 The country that wins this competi- Black citizens paid the price. Mr. BROWNBACK. Madam President, tion will not only produce jobs today, Of course, a judge with empathy we are attempting to work through it will dominate the industries of the must also determine with whom to some amendments. I ask unanimous future. The competition is the race to empathize. One of my colleagues has consent that the pending amendment create clean energy jobs. I want Amer- argued that empathy for somebody is be set aside so I may call up amend- ica to win, and the Congress will play always discrimination against some- ment No. 2253 on behalf of Senator a key role in deciding whether we do.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20577 But before I talk about the decision percent of the world’s solar thermal serves—those that are left—are in Rus- we have to make, I want to be clear water heating market. China even sia, Iran, and six other countries in the about a decision that America does not beats us in industries we created. Middle East. The more we depend only have to make. We don’t have to decide America invented solar photovoltaics, on fossil fuels, the more American whether clean energy will be the indus- but China now dominates that market, money will flow to these countries. try of the future. It will. The clean en- while America comes in tenth. When it comes to energy, we have to ergy industry is primed to produce mil- I am not content to let other coun- do it all and we have to do it now. lions of jobs in the coming years. The tries keep beating us at our own game. Since comprehensive clean energy leg- question is whether these jobs will be It is time to act. The clean energy bill islation was first introduced in 2003, we in America. We have to answer this currently being developed in Congress have sent trillions of dollars abroad question now. is the kind of action we need. It is a every year to pay for oil—in fact, $700 If we put our minds to it, Americans distinctly American solution to this billion a year. We cannot afford 6 more can produce the clean energy tech- global problem because it relies on pri- years of delay. nologies that will power the future. vate markets and private businesses, But the status quo doesn’t just The country that invented the light and that is why it provides real change threaten our economy and our secu- bulb, the automobile, and the Internet with minimal cost. rity; it threatens the basis of our way is not going to finish last when it Of course, some people will claim of life. Scientists predict that global comes to developing new ideas. But we this plan breaks the bank. Defenders of warming could give my home State of need policies that promote innovation. the status quo never run out of excuses New Mexico the same climate as the Right now, we are falling behind. to do nothing. They have made huge Sonoran Desert in Chihuahua, Mexico. Progressive policies have given other profits polluting our air, and clean en- If that happens, farmers who have countries a lead. With a population ergy is a threat to them. The same peo- worked the land for generations will be roughly one-quarter as large as Amer- ple who denied the science of global forced out of business. Forest fires will ica’s, Germany has more than twice as warming will tell you that a clean en- become more common and more dan- many workers developing wind energy ergy solution is too expensive. They gerous. Our communities will face a and solar photovoltaic technologies. By were wrong about the science then, and bleak economic future. For the chil- 2020, more Germans will be producing they are wrong about the economics dren of my State and our country, we clean energy than are producing Ger- now. cannot afford to stay on this path. Fortunately, America has what it man cars. Spain has almost five times In 1990, polluters told America we takes to change course. Even without as many workers in the solar thermal could not afford the Clean Air Act, a progressive policies on the national industry as the United States. China bipartisan bill signed by a Republican level, New Mexico has begun to create has more than 300 times as many. Do President. History has shown that the massive numbers of clean energy jobs. we want to lose this race to Germany, act actually cost one-fortieth of what Between 1998 and 2007, clean energy to Spain, to China? they said it would. The best inde- jobs grew 25 times faster than other Some have argued that America can- pendent estimate about this bill comes jobs. We call these the jobs of the fu- not lead on climate change; that we from the nonpartisan Congressional ture. Increasingly, they are also the need to wait for countries such as Budget Office, and they say it will cost jobs of today. China and India to act first. This would Americans less than 50 cents per day, There are too many success stories to be incredibly shortsighted. If America and the CBO numbers likely overesti- tell, but I want to mention one. Three solves its energy problems first, every mate costs. To keep their analysis sim- weeks ago, a company called Schott country on Earth will be begging for ple, they ignore the impact of in- Solar opened its second renewable the technologies we develop. If we creased efficiency. When you factor in technologies plant in Albuquerque, don’t, we will be begging for tech- efficiency, New Mexicans will probably NM. The plant currently employs 300 nologies developed elsewhere. end up ahead about $4 per month on people, and it comes 2 months after the Americans always prosper by being their energy bills, and low-income New company opened a plant that will even- one step ahead. We mass produced the Mexicans will save even more. The tually employ 1,500. Schott decided to car, and American manufacturing built most expensive energy policy America locate these plants in New Mexico after the middle class. We sparked the IT can pursue is the status quo. our State passed a series of clean en- revolution, and our high-tech industry In 2006, I introduced a clean energy ergy incentives. still gives us high-paying jobs. Today, bill similar to the bill we are consid- What I like most about this story is being one step ahead means developing ering now. The month I introduced it, that Schott is a German company. It the clean energy technologies of the fu- gas prices were at about $2.25 per gal- looked at New Mexico’s policies and de- ture before anybody else does. Waiting lon. Critics claimed clean energy would cided to invest German money in cre- for China to address its emissions prob- drive up prices and Congress never ating American jobs. For years, while lems before we address ours is like acted. By 2008, the price of gas had American policymakers failed to act, waiting for an opponent to finish the nearly doubled to a high of $4.11. American investors sent our capital to race before we start to lace up our Much of the money America spends Germany. New Mexico’s forward-look- shoes. on gas flows right out of this country. ing policies are helping to reverse the China is not waiting for America to Today, the United States is importing flow. What that tells me is that with act. It has already implemented strong nearly 70 percent of its oil. We sent the right policies, America can lead policies to promote clean energy. Chi- roughly $4,280 per U.S. family out of the world in this crucial industry. We nese fuel efficiency economy standards the country in 2008 to pay for oil, and can stop creating jobs in Saudi Arabia are higher today than ours will be in too much of that money goes to indi- and start creating them in Socorro, 2020. They have already set a 15-percent viduals who finance terrorism and re- NM. We can stop letting China develop renewable energy standard for 2020, and gimes that don’t like Americans. our technologies and sell them back to their government recently said they Some will say the solution is in- us. could reach 20 percent. In 2009, China creased oil production, and I support We can win the clean energy revolu- became the world’s largest clean en- increased production. My home State tion the same way we won the high- ergy investor. It plans to spend nearly of New Mexico is one of 10 that pro- tech revolution—by getting there half a trillion dollars over 10 years to duces more oil than it consumes, and I first—or we can wait and watch the ensure clean energy jobs come to am proud that we help meet America’s world pass us by. I think the choice is China. energy needs. But increased production clear. I hope my colleagues do as well, China’s policies have already begun alone is not enough. America has only and I hope they will join me in sup- to pay off. It is now the leading manu- 3 percent of the world’s oil reserves. porting the Senate’s clean energy legis- facturer of wind turbines and it has 65 More than 66 percent of those re- lation when it comes to the floor.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20578 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 Madam President, I yield the floor, such as Alaska, Arizona, California, whether it be solar or wind or hydro, and I suggest the absence of a quorum. and Washington, including some homes biomass or geothermal projects. These The PRESIDING OFFICER. The on Indian reservations. are generally financed through guaran- clerk will call the roll. The other projects replace old ineffi- teed loans. This is exactly in keeping The legislative clerk proceeded to cient diesel generators in many of the with existing congressional intent and call the roll. remote Alaska villages with more effi- the intent of this administration to ex- Ms. MURKOWSKI. Madam President, cient, less polluting units, with heat pand renewable energy and to reduce I ask unanimous consent that the order recovery systems. These funds from the carbon emissions and greenhouse gas for the quorum call be rescinded. high energy cost grants go toward con- emissions and their potential climate The PRESIDING OFFICER. Without structing community-owned renewable impacts. It has done so economically. objection, it is so ordered. energy projects, including wind and The program has a 4-percent cap on AMENDMENT NO. 1910 solar, small hydroelectric and biomass planning and administrative expenses. Ms. MURKOWSKI. Madam President, systems. Again, the States where you I wish all Federal programs did this. I would like to take a few minutes this see these projects are Alaska, Arizona, The program has an excellent track afternoon to speak to an amendment to Hawaii, Maine, New Mexico, New York, record. According to the Congressional the agriculture bill that has been in- Washington, to the Marshall Islands. Research Service, it has such a low de- troduced. This is amendment No. 1910. The last area of the program provides fault rate on its loans that the guar- It has to do with the high energy cost cost savings, energy efficiency, and antee program has a zero subsidy cost; grants. This is a program within the weatherization upgrades for rural loans being secured by the borrower’s rural utility service. homes and community facilities in electric system and assets. I would like to lay out for my col- Alabama, Alaska, Florida Hawaii, Ken- Earlier on the floor it was argued leagues a bit about this program. The tucky, and Massachusetts. that this program is somehow duplica- high energy cost grants are available I go through this list of where these tive of other existing programs, but it for improving and providing energy projects are to ensure that Members is not. The existing USDA Rural Utili- generation, transmission, and distribu- know we are not just talking about a ties Service Loan and Grant Program benefit to a State such as Alaska, tion facilities that serve communities cannot make loans to school districts where our energy costs are enormously with average home energy costs that or to Indian reservations, such as the high, but States such as Alabama, exceed 275 percent of the national aver- Navajo projects that have been made in where they might not be facing the age. So 275 percent of the national av- Arizona or to off-grid utilities. The cold winters but they are certainly fac- erage—you have to see your home en- program can only make loans for elec- ing the hot summers and how they, ergy costs exceed this level in order to tricity programs, not for renewable en- too, can be more energy efficient; how make yourself available to this High ergy projects to tie into grids. they, too, can benefit from programs Energy Cost Grant Program. This is exceptionally important, the that help to reduce the high energy These grant funds can be used for on- fact that the programs currently can costs they face in their State. grid and off-grid renewable energy This program has been one of the only make those loans to electricity projects, energy efficiency, and energy smartest things Congress has done programs and not the renewable energy conservation projects serving these eli- since the passage of the rural elec- projects. gible communities. trification programs back in the 1930s. The program was authorized, the Some have suggested this is somehow It has provided assistance to run mod- High Energy Cost Grant Program was an Alaska aid program. It certainly ern power lines on Indian reservations, authorized by Congress back in the 2000 does help in my State, but it has pro- helped to propel economic activity Rural Electrification Act, simply be- vided aid to utilities in more than a where it is needed most in this coun- cause it covered a gap in existing pro- dozen States, including Alabama, Ari- try. It has provided aid to towns off the grams that desperately needed to be zona, California, Florida, Hawaii, interstate transmission grid and a filled. Idaho, Kentucky, Maine, Massachu- number of towns in the West that are This amendment might not only kill setts, Nevada, New Mexico, New York, isolated and not so connected to that this program in the future, but it also and Washington. In addition to these grid, thus more subject to the black- might pull the rug out from under the States, applications have been sub- outs and brownouts. projects that have expended funds and mitted by other eligible communities This program also motivated many which have started and which are wait- in more than eight States. This is in States to step up their individual ef- ing for the Federal funds to be deliv- Colorado, Minnesota, Montana, North forts to increase funding for these pro- ered. Dakota, Rhode Island, South Dakota, grams. In my home State of Alaska, This program actually lowers Federal Wisconsin, Wyoming, and also out in despite the very dramatic decrease in unemployment and economic assist- Puerto Rico, the Virgin Islands, Guam, revenues, we are investing tremendous ance costs over time because helping to and American Samoa. resources toward energy solutions. In reduce our energy costs is one of the In addition, these are community- the State’s fiscal year 2010 capital and best things we can be doing in govern- driven projects. They reflect the local operating budgets, they include $25.5 ment to support sustainable economic priorities for addressing energy chal- million for Alaska energy authority development in a State or in the re- lenges. Some of the projects that are projects; $25 million for renewable en- gion. currently underway with these high en- ergy; $38 million for power cost equali- I certainly support the need for fiscal ergy cost grants are replacing failing zation; and $26.4 million for heating as- responsibility—absolutely, especially transmission and distribution lines sistance. That is a total of about $115 given the size of our deficit. Cutting that serve communities in my State million in funding that is coming from the High Energy Cost Grants Program and in Arizona, Idaho, Maine, and Ne- the State to help, alongside funding for is likely to not only lessen economic vada. the high energy cost grants. activity in rural areas but also worsen As we think about how we are going If funding sources continue to be our overall economy and unemploy- to move our energy, particularly our eliminated or reduced, the Nation’s ef- ment across the Nation. There is no renewable energy sources, we have to forts to address the high cost of energy reason to delete the continuation of do more within our transmission sys- by increasing energy efficiencies and funding that is proposed for this pro- tems. This program allows us to re- renewable resource development are gram. place our older or failing transmission going to be severely hindered. This is I urge my colleagues to vote against and distribution lines. at a time when we can least afford to this amendment when the time comes. Some of the other projects extend do this. I yield the floor. electric distribution lines to connect This program has helped with instal- Madam President, I suggest the ab- homes in rural communities in States lation of renewable energy systems, sence of a quorum.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20579 The PRESIDING OFFICER. The ergy and Security Act of 2009 (H.R. 2452, as The PRESIDING OFFICER. Without clerk will call the roll. passed by the House of Representatives on objection, it is so ordered. The assistant legislative clerk pro- June 26, 2009) (referred to in this section as The amendment is as follows: ‘‘H.R. 2452’’). ceeded to call the roll. (b) In conducting the analysis under sub- (Purpose: To support the proposal of the Mr. KOHL. Madam President, I ask section (a), the Secretary shall— President to eliminate funding in the bill unanimous consent the order for the (1) use a range of peer-reviewed analyses of for digital conversion efforts of the Depart- quorum call be rescinded. H.R. 2454 conducted by public and private en- ment of Agriculture that are duplicative of The PRESIDING OFFICER. Without tities, including land grant universities; existing Federal efforts) objection, it is so ordered. (2) consider a scenario in which the fer- On page 51, beginning on line 10, strike ‘‘: Mr. KOHL. I ask unanimous consent tilizer industry does not receive any free al- Provided further,’’ and all that follows through ‘‘technologies’’ on line 20. the Senate proceed to vote in relation lowances under H.R. 2454; (3) consider the impacts of H.R. 2454 on a AMENDMENT NO. 2245 TO AMENDMENT NO. 1908 to the McCain amendment, No. 1910, range of fishing, aquaculture, livestock, The PRESIDING OFFICER. The Sen- after the cloture vote with respect to poultry, and swine production and a variety the Kohl-Brownback substitute amend- ator from Oklahoma is recognized. of crop production, including specialty crops; Mr. COBURN. I ask unanimous con- ment No. 1908, and that prior to the and sent the pending amendment be set vote with respect to amendment No. (4) analyze projected land use changes, aside and amendment No. 2245 be called 1910, there be 4 minutes of debate, afforestation patterns, and other market in- up. equally divided and controlled in the centives created by H.R. 2454 that may im- The PRESIDING OFFICER. Without usual form, with no amendment in pact food or agriculture commodity prices, including specific acreage estimates of par- objection, it is so ordered. The clerk order to the amendment prior to the cels of land planted with trees in the United will report. vote. States. The assistant legislative clerk read The PRESIDING OFFICER. Is there Mr. BROWNBACK. I wanted to get as follows: objection? The Senator from Okla- this for Senator BARRASSO. We will be homa. The Senator from Oklahoma [Mr. COBURN] handling that at a later point in time. proposes an amendment numbered 2245 to Mr. COBURN. Reserving the right to I yield the floor. amendment No. 1908. object, I was asked to come down and AMENDMENT NO. 2243 TO AMENDMENT NO. 1908 Mr. COBURN. I ask unanimous con- get my amendments pending. I checked The PRESIDING OFFICER. The Sen- sent that reading of the amendment be with the staff. All I would like to do is ator from Oklahoma is recognized. dispensed with. get several amendments up, have them Mr. COBURN. I ask unanimous con- The PRESIDING OFFICER. Without pending, and then we will have the de- sent the pending amendment be set objection, it is so ordered. bate after the cloture vote. Is that aside and amendment No. 2243 be called The amendment is as follows: agreeable? up. (Purpose: To strike a provision providing Mr. KOHL. That is agreeable. The PRESIDING OFFICER. Without $3,000,000 for specialty cheeses in Vermont The PRESIDING OFFICER. Is there objection, it is so ordered. The clerk and Wisconsin) objection? Without objection, it is so will report. Beginning on page 75, strike line 16 and all ordered. The assistant legislative clerk read that follows through page 76, line 3. The Senator from Kansas is recog- as follows: AMENDMENT NO. 2248 TO AMENDMENT NO. 1908 nized. The Senator from Oklahoma [Mr. COBURN] The PRESIDING OFFICER. The Sen- AMENDMENT NO. 2240 TO AMENDMENT NO. 1908 proposes an amendment numbered 2243 to ator from Oklahoma is recognized. Mr. BROWNBACK. Madam President, amendment No. 1908. Mr. COBURN. I ask unanimous con- I have been asked by Senator BAR- Mr. COBURN. I ask unanimous con- sent the pending amendment be set RASSO to ask unanimous consent the sent that reading of the amendment be aside and amendment No. 2248 be called pending amendment be set aside so I dispensed with. up. may call up amendment No. 2240 on be- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without half of Senator BARRASSO. objection, it is so ordered. objection, it is so ordered. The clerk The PRESIDING OFFICER. Without The amendment is as follows: will report. objection, it is so ordered. (Purpose: To eliminate double-dipped stim- The assistant legislative clerk read The clerk will report. ulus funds for the Rural Business-Coopera- as follows: tive Service account) The assistant legislative clerk read The Senator from Oklahoma [Mr. COBURN] as follows. At the appropriate place, insert the fol- proposes an amendment numbered 2248 to lowing: amendment No. 1908. The Senator from Kansas [Mr. BROWN- SEC. 7ll. Notwithstanding any other pro- BACK], for Mr. BARRASSO, for himself, and Mr. vision of this Act, each amount provided Mr. COBURN. I ask unanimous con- VITTER, Mr. HATCH, Mr. ROBERTS, Mr. ENZI, under the heading ‘‘RURAL BUSINESS—COOP- sent that reading of the amendment be Mr. THUNE, and Mr. JOHANNS, proposes an ERATIVE SERVICE’’ in title III is reduced by dispensed with. amendment numbered 2240 to amendment the pro rata percentage required to reduce The PRESIDING OFFICER. Without No. 1908. the total amount provided under that head- objection, it is so ordered. Mr. BROWNBACK. I ask unanimous ing by $124,800,000. The amendment is as follows: consent that reading of the amendment AMENDMENT NO. 2244 TO AMENDMENT NO. 1908 (Purpose: To prohibit no-bid contracts and be dispensed with. The PRESIDING OFFICER. The Senator grants) The PRESIDING OFFICER. Without from Oklahoma is recognized. At the appropriate place, insert the fol- objection, it is so ordered. Mr. COBURN. I ask unanimous con- lowing: The amendment is as follows: sent that the pending amendment be PROHIBITION ON NO-BID CONTRACTS AND GRANTS (Purpose: To require the Secretary of Agri- set aside and amendment No. 2244 be SEC. ll. (a) Notwithstanding any other culture to conduct a State-by-State anal- called up. provision of this Act, none of the funds ap- ysis of the impacts on agricultural pro- The PRESIDING OFFICER. Without propriated or otherwise made available by ducers of the American Clean Energy and objection, it is so ordered. The clerk this Act may be— Security Act of 2009 (H.R. 2452, as passed by will report. (1) used to make any payment in connec- the House by Representatives on June 26, The assistant legislative clerk read tion with a contract not awarded using com- 2009) as follows: petitive procedures in accordance with the On page 85, between lines 16 and 17, insert requirements of section 303 of the Federal The Senator from Oklahoma [Mr. COBURN] the following: Property and Administrative Services Act of proposes an amendment numbered 2244 to SEC. 7ll. (a) Not later than 60 days after 1949 (41 U.S.C. 253), section 2304 of title 10, amendment No. 1908. the date of enactment of this Act, the Sec- United States Code, and the Federal Acquisi- retary of Agriculture shall complete a State- Mr. COBURN. I ask unanimous con- tion Regulation; by-State analysis of the impacts on agricul- sent that reading of the amendment be (2) awarded by grant not subjected to tural producers of the American Clean En- dispensed with. merit-based competitive procedures, needs-

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20580 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 based criteria, and other procedures specifi- (Purpose: To provide additional transparency (Purpose: To provide requirements regarding cally authorized by law to select the grantee and accountability for spending on con- the authority of the Secretary of Agri- or award recipient; or ferences and meetings of the Department culture and the Commissioner of Food and (3) spent on a congressionally directed of Agriculture) Drugs to enter into certain contracts) spending item, as defined by Rule XLIV of In lieu of the matter proposed to be in- In lieu of the matter proposed to be in- the Standing Rules of the Senate, not sub- serted, insert the following: serted, insert the following: jected to merit-based competitive proce- SEC. 7ll. None of the funds appropriated SEC. 7ll. (a) In this section, the term dures, needs-based criteria, and other proce- ‘‘conference’’ means a meeting that— or otherwise made available by this Act may dures specifically authorized by law to select (1) is held for consultation, education, be used by the Secretary of Agriculture or the grantee to perform the activity to be awareness, or discussion; the Commissioner of Food and Drugs to provided by the congressionally directed (2) includes participants who are not all enter into any Federal contract unless the spending item. employees of the same agency; contract is— (b) This prohibition shall not apply to the (3) is not held entirely at an agency facil- (1) entered into in accordance with the re- awarding of contracts or grants with respect ity; quirements of section 303 of the Federal to which— (4) involves costs associated with travel Property and Administrative Services Act of (1) no more than one applicant submits a and lodging for some participants; and 1949 (41 U.S.C. 253) or chapter 137 of title 10, bid for a contract or grant; or (5) is sponsored by 1 or more agencies, 1 or United States Code, and the Federal Acquisi- (2) Federal law specifically authorizes a more organizations that are not agencies, or tion Regulation described in section 6(a) of grant or contract to be entered into without a combination of such agencies or organiza- the Office of Federal Procurement Policy regard for these requirements, including for- tions. Act (41 U.S.C. 405(a)); or mula grants for States. (2) otherwise authorized by law to be en- (b) Not later than September 30, 2011, the tered into without regard to the laws cited Mr. COBURN. I now call for the reg- Secretary of Agriculture shall submit to the in paragraph (1). ular order on amendment No. 2226 and appropriate committees of Congress and post send a second-degree amendment to the on the public Internet website of the Depart- Mr. KOHL. Madam President, I sug- desk, ask for its immediate consider- ment of Agriculture (referred to in this sec- gest the absence of a quorum. ation, and ask any consideration be de- tion as the ‘‘Department’’) in a searchable, The PRESIDING OFFICER. The layed until after the cloture vote and electronic format, a report on each con- clerk will call the roll. that the second-degree amendment is ference for which the Department paid travel The assistant legislative clerk pro- expenses during fiscal year 2010 that in- ceeded to call the roll. my amendment No. 2246. cludes— The PRESIDING OFFICER. Was Mr. KOHL. I ask unanimous consent (1) the itemized expenses paid by the De- that the order for the quorum call be there a unanimous consent request? partment, including travel expenses and any Mr. COBURN. Yes, unanimous con- rescinded. Department expenditure to otherwise sup- The PRESIDING OFFICER. Without sent is requested for that. port the conference; objection, it is so ordered. The PRESIDING OFFICER. Is there (2) the primary sponsor of the conference; objection? (3) the location of the conference; and AMENDMENT NO. 2289 TO AMENDMENT NO. 1908 Mr. KOHL. I object and suggest the (4) in the case of a conference for which the Mr. KOHL. I ask unanimous consent absence of a quorum. Department was the primary sponsor, a to set aside the pending amendment, statement that includes— The PRESIDING OFFICER. The Sen- and I send to the desk an amendment (A) a justification of the location selected; and ask for its immediate consider- ator does not have the floor. Objection (B) a description of the cost efficiency of is heard. ation. the location; The PRESIDING OFFICER. Without The Senator from Oklahoma. (C) the date of the conference; objection, it is so ordered. The clerk AMENDMENT NO. 2246 TO AMENDMENT NO. 2226 (D) a brief explanation of how the con- ference advanced the mission of the Depart- will report. Mr. COBURN. I ask unanimous con- The assistant legislative clerk read sent the pending amendment be set ment; and (E) the total number of individuals whose as follows: aside and amendment No. 2246 be called travel or attendance at the conference was The Senator from Wisconsin [Mr. KOHL], up. paid for in part or full by the Department. for himself and Mr. BROWNBACK, proposes an The PRESIDING OFFICER. Is there (c) Notwithstanding any other provision of amendment numbered 2289 to amendment objection? this Act, the aggregate amount made avail- No. 1908. The amendment is drafted as a sec- able under this Act for expenses of the De- Mr. KOHL. I ask unanimous consent ond-degree amendment to amendment partment relating to conferences in fiscal that the reading of the amendment be No. 2226. year 2010, including expenses relating to con- dispensed with. Mr. COBURN. I will change the draft- ference programs, staff, travel costs, and The PRESIDING OFFICER. Without ing. other conference matters, may not exceed $12,000,000. objection, it is so ordered. I yield the floor, and I suggest the ab- Mr. KOHL. I ask for its adoption. sence of a quorum. Mr. KOHL. I send to the desk a sec- The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The ond-degree amendment to amendment further debate? The question is on clerk will call the roll. No. 2246. agreeing to the amendment. The assistant legislative clerk pro- The PRESIDING OFFICER. Amend- The amendment (No. 2289) was agreed ceeded to call the roll. ment No. 2246 is a second-degree to, as follows: Mr. COBURN. I ask unanimous con- amendment. (Purpose: To ensure the compliance of the sent that the order for the quorum call Mr. KOHL. I ask unanimous consent United States regarding obligations under be rescinded. that amendment No. 2248 be pending. international trade agreements) The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without On page 85, line 16, strike ‘‘inspections.’’ objection, it is so ordered. and insert the following: objection, it is so ordered. inspections: Provided further, That this sec- Mr. COBURN. I call for the regular AMENDMENT NO. 2288 TO AMENDMENT NO. 2248 tion shall be applied in a manner consistent order on amendment No. 2226, and I with United States obligations under inter- send a second-degree amendment to the Mr. KOHL. I send to the desk a sec- ond-degree amendment to amendment national trade agreements. desk and ask for its immediate consid- Mr. KOHL. Madam President, I move eration. No. 2248. The PRESIDING OFFICER. The to reconsider that vote. The PRESIDING OFFICER. The Mr. BROWNBACK. I move to lay that clerk will report. clerk will report. motion upon the table. The assistant legislative clerk read The assistant legislative clerk read The motion to lay upon the table was as follows: as follows: agreed to. The Senator from Oklahoma [Mr. COBURN] The Senator from Wisconsin [Mr. KOHL] AMENDMENTS NOS. 2254 AND 2255 TO AMENDMENT proposes an amendment numbered 2246 to proposes an amendment numbered 2288 to NO. 1908 amendment No. 2226. amendment No. 2248. Mr. BROWNBACK. Madam President, The amendment is as follows: The amendment is as follows: I ask unanimous consent that the

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20581 pending amendment be set aside, and I (5) suggest methods for improving import Mr. BROWNBACK. I move to lay that call up amendment No. 2254 on behalf inspection policies and procedures to protect motion on the table. of Senator CHAMBLISS and 2255 on be- consumers in the United States. The motion to lay on the table was half of Senator VITTER en bloc. Mr. BROWNBACK. I suggest the ab- agreed to. The PRESIDING OFFICER. Without sence of a quorum. CLOTURE MOTION objection, it is so ordered. The clerk The PRESIDING OFFICER. The The PRESIDING OFFICER. Under will report. clerk will call the roll. the previous order, pursuant to rule The assistant legislative clerk read The assistant legislative clerk pro- XXII, the clerk will report the motion as follows: ceeded to call the roll. to invoke cloture. The Senator from Kansas [Mr. BROWN- Mr. KOHL. I ask unanimous consent The assistant legislative clerk read BACK], for Mr. CHAMBLISS and Mr. VITTER, that the order for the quorum call be as follows: proposes amendments en bloc numbered 2254 rescinded. and 2255. The PRESIDING OFFICER. Without CLOTURE MOTION Mr. BROWNBACK. I ask unanimous objection, it is so ordered. We, the undersigned Senators, in accord- ance with the provisions of rule XXII of the consent that the reading of the amend- AMENDMENT NO. 2259, AS MODIFIED Standing Rules of the Senate, hereby move ments be dispensed with. Mr. KOHL. I ask unanimous consent to bring to a close debate on the substitute The PRESIDING OFFICER. Without to set aside the pending amendment amendment No. 1908 to H.R. 2997, the Agri- objection, it is so ordered. and call up the following amendment, culture Appropriations Act for Fiscal Year Mr. BROWNBACK. I understand which is at the desk, and ask for its 2010. these amendments have been cleared immediate consideration: Landrieu John D. Rockefeller, IV, Tom Udall, on both sides. I offer them for Senators amendment No. 2259, as modified. Mark L. Pryor, Edward E. Kaufman, Blanche L. Lincoln, Kent Conrad, Kay CHAMBLISS and VITTER. I ask unani- The PRESIDING OFFICER. Without R. Hagan, Mark Begich, Byron L. Dor- mous consent that the amendments be objection, it is so ordered. gan, Max Baucus, Ben Nelson, Herb agreed to en bloc. The clerk will report. Kohl, Daniel K. Inouye, Michael F. The PRESIDING OFFICER. Without The assistant legislative clerk read Bennet, Mary L. Landrieu, Charles E. objection, it is so ordered. as follows: Schumer. The amendments (Nos. 2254 and 2255) The Senator from Wisconsin [Mr. KOHL], The PRESIDING OFFICER. By unan- were agreed to, as follows: for Ms. LANDRIEU, proposes an amendment imous consent, the mandatory quorum AMENDMENT NO. 2254 numbered 2259, as modified, to amendment call has been waived. (Purpose: To prohibit the use of funds to as- No. 1908. The question is, Is it the sense of the sess greenbook charges to agencies or to Mr. KOHL. I ask unanimous consent Senate that debate on amendment No. use previously assessed funds) that reading of the amendment be dis- 1908 to H.R. 2997, the Agriculture, On page 85, between lines 16 and 17, insert pensed with. Rural Development, Food and Drug Ad- the following: The PRESIDING OFFICER. Without ministration and Related Agencies Ap- SEC. 7ll. None of the funds made avail- objection, it is so ordered. propriations Act, 2010, shall be brought able by this Act may be used to pay the sala- The amendment, as modified, is as to a close? ries and expenses of any employee of the De- follows: partment of Agriculture to assess any agen- The yeas and nays are required under cy any greenbook charge or to use any funds (Purpose: To require a report on increasing the rule. acquired through an assessment of the participation of rural small businesses The clerk will call the roll. greenbook charges made prior to the date of in tourism activities) The assistant legislative clerk called enactment of this Act. On page 85, between lines 16 and 17, insert the roll. AMENDMENT NO. 2255 the following: Mr. DURBIN. I announce that the (Purpose: To require the Commissioner of SEC. l745. REPORT ON TOURISM FOR RURAL Senator from West Virginia (Mr. COMMUNITIES. Food and Drugs to conduct a study on im- BYRD), the Senator from Massachusetts ported seafood) (a) IN GENERAL.—Not later than 1 year after the date of the enactment of this Act, (Mr. KENNEDY), the Senator from Con- On page 85, between lines 16 and 17, insert the Comptroller General of the United States necticut (Mr. LIEBERMAN), the Senator the following: shall report to the Committees on Appro- from New Jersey (Mr. MENENDEZ), and SEC. 7ll. The Commissioner of Food and priations of the House of Representatives the Senator from Maryland (Ms. MI- Drugs, in consultation with the Adminis- and of the Senate on developing the tourism KULSKI) are necessarily absent. trator of the National Oceanic and Atmos- potential of rural communities. pheric Administration, shall conduct a study Mr. KYL. The following Senator is (b) CONTENT OF THE REPORT.—The report necessarily absent: the Senator from and, not later than 240 days after the date of required by subsection (a) shall— Mississippi (Mr. COCHRAN). enactment of this Act, submit a report to (1) identify existing Federal programs that Congress on the technical challenges associ- provide assistance to rural small businesses The PRESIDING OFFICER (Mrs. ated with inspecting imported seafood. The in developing tourism marketing and pro- SHAHEEN). Are there any other Sen- study and report shall— motion plans relating to tourism in rural ators in the Chamber desiring to vote? (1) provide information on the status of areas; The yeas and nays resulted—yeas 83, seafood importation, including— (2) identify existing Federal programs that nays 11, as follows: (A) the volume of seafood imported into assist rural small business concerns in ob- [Rollcall Vote No. 255 Leg.] the United States annually, by product and taining capital for starting or expanding country of origin; businesses primarily serving tourists; and YEAS—83 (B) the number of physical inspections of (3) include recommendations, if any, for Akaka Coburn Inouye imported seafood products conducted annu- improving existing programs or creating new Alexander Collins Isakson ally, by product and country of origin; and Federal programs that may benefit tourism Baucus Conrad Johnson Bayh Cornyn Kaufman (C) a listing of the United States ports of in rural communities. entry for seafood imports by volume; Begich Crapo Kerry (2) provide information on imported sea- Mr. KOHL. This amendment has been Bennet Dodd Klobuchar approved by both sides, and I ask for Bennett Dorgan Kohl food products, by product and country of ori- Bingaman Durbin Landrieu gin, that do not meet standards as set forth its adoption. Bond Feingold Lautenberg in the applicable food importation law, in- The PRESIDING OFFICER. Is there Boxer Feinstein Leahy cluding the reason for which each such prod- further debate? If not, the question is Brown Franken Levin uct does not meet such standards; Brownback Gillibrand Lincoln on agreeing to amendment No. 2259, as Burr Graham Lugar (3) identify the fish, crayfish, shellfish, and modified. other sea species most susceptible to viola- Burris Grassley Martinez Cantwell Hagan McCaskill tions of the applicable food importation law; The amendment (No. 2259), as modi- fied, was agreed to. Cardin Harkin McConnell (4) identify the aquaculture and Carper Hatch Merkley mariculture practices that are of greatest Mr. KOHL. I move to reconsider the Casey Hutchison Murkowski concern to human health; and vote. Chambliss Inhofe Murray

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20582 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 Nelson (NE) Schumer Udall (CO) There are 14 States across the coun- Nelson (FL) Sanders Udall (NM) Nelson (FL) Sessions Udall (NM) try that have projects that focus on Pryor Schumer Warner Pryor Shaheen Voinovich Reed Shelby Webb Reed Shelby Warner these very high energy areas. We are Reid Snowe Wicker Reid Snowe Webb trying to reduce our energy costs for Risch Specter Wyden Risch Specter Whitehouse renewables and through the standard Roberts Stabenow Roberts Stabenow Rockefeller Tester Wicker energy mechanisms but, quite hon- Rockefeller Tester Wyden Sanders Thune estly, when your energy costs are 275 NOT VOTING—4 Byrd Lieberman NAYS—11 percent above the national average, it is pretty darn tough. Kennedy Mikulski Barrasso Ensign Kyl Bunning Enzi McCain So these are funds made available to The amendment (No. 1910) was re- Corker Gregg Vitter communities in the State of Alaska, jected. DeMint Johanns but also communities in Arizona, Cali- Mr. KOHL. Madam President, I move NOT VOTING—6 fornia, Florida, Hawaii, Idaho, Ken- to reconsider the vote, and I move to Byrd Kennedy Menendez tucky, Maine, Massachusetts, Nevada, lay that motion on the table. Cochran Lieberman Mikulski New Mexico, Washington, and the Mar- The motion to lay on the table was The PRESIDING OFFICER. On this shall Islands, and it allows them to agreed to. vote, the yeas are 83, the nays are 11. have energy at a more affordable cost. The PRESIDING OFFICER. The Sen- Three-fifths of the Senators duly cho- I urge defeat of the amendment. ator from Mississippi is recognized. sen and sworn having voted in the af- The PRESIDING OFFICER. The Sen- Mr. WICKER. Madam President, I firmative, the motion is agreed to. ator from Wisconsin. ask unanimous consent to speak as in morning business for 12 minutes. AMENDMENT NO. 1910 Mr. KOHL. Madam President, this bill includes the programs the amend- The PRESIDING OFFICER. Without The PRESIDING OFFICER. There objection, it is so ordered. will now be 4 minutes of debate equally ment would strike. The Senator from HEALTH CARE REFORM divided on the McCain amendment No. Alaska has spoken eloquently and I be- 1910. lieve correctly. So I do oppose the Mr. WICKER. Madam President, in The Senator from Arizona is recog- amendment. the ongoing debate on health care re- nized. The PRESIDING OFFICER. Is there form, it has become clearer and clearer Mr. MCCAIN. Madam President, this further debate? that this is a competition of two very amendment eliminates the U.S. De- If not, the question is agreeing to the different philosophies of government. partment of Agriculture’s High Energy amendment. On the one hand, there are those who Cost Grant Program which is a $17.5 Mr. KYL. Madam President, I ask for think government ought to be the pri- million subsidy that is designed to pay the yeas and nays. mary sponsor of almost everything, in- for energy generation systems in rural The PRESIDING OFFICER. Is there a cluding our American health care sys- areas. sufficient second? tem. These persons basically hope and The 2010 budget from the President of There appears to be a sufficient sec- fervently believe things would be bet- the United States and the Office of ond. ter in this country if only the Federal Management and Budget have rec- The clerk will call the roll. Government took control of more as- ommended a number of programs be The bill clerk called the roll. pects of our society. eliminated. Concerning this High En- Mr. DURBIN. I announce that the The other approach is one that I have ergy Cost Grant Program, it says: Senator from West Virginia (Mr. advocated. It is the philosophy held by The administration proposes to eliminate BYRD), the Senator from Massachusetts those of us who look at history and re- the High Energy Cost Grant Program be- (Mr. KENNEDY), the Senator from Con- alize that government doesn’t run cause it is duplicative of and less effective necticut (Mr. LIEBERMAN), and the Sen- things very well. We believe govern- than the Rural Utility Services Electric ator from Maryland (Ms. MIKULSKI) are ment can and should set standards, es- Loan Program. necessarily absent. tablish goals, and create incentives for This recommendation by the admin- The PRESIDING OFFICER. Are there the right behavior, but we do not be- istration to eliminate this program is any other Senators in the Chamber de- lieve the Federal Government should because it is both duplicative and un- siring to vote? run health care or, for that matter, is necessary and there is a $6.6 billion The result was announced—yeas 41, capable of running the American program in electric loans at no cost to nays 55, as follows: health care system. the taxpayer. The debate so far this year has been [Rollcall Vote No. 256 Leg.] I recommend we agree with the very instructive for this Congress and President of the United States and YEAS—41 for the taxpayers. Here are some things eliminate this unnecessary $17.5 mil- Alexander Enzi McCain we have already learned as a result of Barrasso Feingold McCaskill the very thorough process we have lion subsidy. Bayh Graham McConnell I yield. Bunning Grassley Menendez gone through. The PRESIDING OFFICER. Who Burr Gregg Merkley First, we know instead of saving yields time in opposition? Cardin Hutchison Nelson (NE) money for our economy, as we were Chambliss Inhofe The Senator from Alaska. Sessions promised during the 2008 campaign, Coburn Isakson Shaheen Ms. MURKOWSKI. Madam President, Conrad Johanns health care spending will actually go Thune Corker Kaufman I stand in opposition to this amend- Udall (CO) up under the Democrats’ proposal. This Cornyn Klobuchar ment. The funds contained within this Vitter is true both short term and in the long DeMint Kyl High Cost Energy Program are de- Dorgan Lugar Voinovich run. signed to improve energy generation, Ensign Martinez Whitehouse Second, we have been informed by transmission, and distribution. These NAYS—55 the nonpartisan Congressional Budget are designed to do exactly what we are Office that both the House and Senate Akaka Carper Hatch working so hard in this body to do: to Baucus Casey Inouye bills would add to the Federal deficit. improve our energy generation, our Begich Cochran Johnson Third, according to a CBO letter, transmission facilities, our distribu- Bennet Collins Kerry dated July 17, ‘‘millions of Americans Bennett Crapo Kohl tion facilities, and we are doing this Bingaman Dodd Landrieu would lose their private health care through a program where the qualifica- Bond Durbin Lautenberg coverage if these plans are enacted, and tions in order to comply are you have Boxer Feinstein Leahy millions more would be forced into a to serve communities in which the av- Brown Franken Levin government plan.’’ That is not me Brownback Gillibrand Lincoln erage residential home energy costs are Burris Hagan Murkowski talking, it is the nonpartisan Congres- 275 percent of the national average. Cantwell Harkin Murray sional Budget Office.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20583 Fourth, small businesses and other such a problem that the U.S. Federal This is a fight about strategy about get- job creators will pay higher taxes, in- Trade Commission has issued guide- ting there—— cluding specifically $163 billion in pen- lines warning the public about this Meaning the single-payer option—— alties and $543 billion in other taxes if practice. and I believe we will. the Democrats’ plans are enacted. Here is a direct quote from 16 CFR I think most folks would call this a part 238 entitled ‘‘Guides Against Bait Fifth, the provisions of these risky classic legislative bait and switch. Advertising.’’ The FTC says this: schemes could reduce job creation. I recently ran across a blog from Dr. Again quoting the nonpartisan CBO: Bait advertising is an alluring but insin- Michael Swickard of New Mexico, cau- cere offer to sell a product or service which The play or pay provision could reduce the tioning about this very tactic. Here is hiring of low-wage workers. the advertiser in truth does not intend or want to sell. Its purpose is to switch con- what Dr. Swickard said: One has to wonder, if you are a job sumers from buying the advertised merchan- Given the track record of our government applicant out there in our economy dise in order to sell something else. . . . in bait and switch, all of the promises of na- looking to earn a living, applying for a One thing is advertised and the other tional health care are just that—promises to job, would you rather see a Federal is attempted to be sold. I think this is be broken. Maybe there will be a few years takeover of the health care system or exactly what is going on in the debate before the full impact of the bait and switch would you rather have a job? I think over the public option. We are being of- is felt by citizens. But given the past actions most American job seekers, given that of our government when implementing pro- fered the promise of genuine competi- grams, our future is clear. choice, would say: I want a job. Don’t tion between the public plan and pri- reduce my chances of getting that job. vate insurance plans when, in fact, the I hope we can avoid that future for Then we learned just a few days ago purpose is to switch Americans to a our country, but the writer’s point is that the Medicaid provisions of these European-style, single-payer plan down this: It may take a while, but the pat- proposals could amount to a massive the road. tern is there. The future he fears in- cost shift to the States. The outcry By now, it is abundantly clear that cludes a single-payer takeover that against this has been loud and it has citizens of the United States do not very few Americans would vote for been bipartisan. want to risk putting our country on a today. Here is what two-term Democratic path toward a single-payer plan such as I say to my colleagues, there is much Tennessee Governor Phil Bredesen had the ones in Canada or Great Britain. to be said about the ill effects of the to say recently. He called the proposal Americans do not want a single-payer health care proposals being put forward ‘‘the mother of all unfunded man- system. The leadership of both parties, by the House and Senate committees. dates.’’ Governor Bredesen went on to House and Senate, understands this But among the most troublesome as- say: fact. The American public does not pects of this so-called reform is the en- Medicaid is a poor vehicle for expanding want a wholesale government takeover actment of a public plan which will in- coverage. It is a 45-year-old system origi- of one-sixth of our economy. We do not evitably lead to a single-payer system nally designed for women and children. It’s want waiting lists such as in Canada. Americans don’t want and don’t need. not health care reform to dump more money We do not want rationing such as in Don’t take my word for it on the into Medicaid. the United Kingdom. cost, on the loss of choice, and on the The words of Democratic Governor Realizing where public opinion is on effect on small business job creators. Phil Bredesen of Tennessee. this pivotal issue, the advocates of Just read the words of the nonpartisan And Governor Bredesen is not an iso- these congressional Democratic plans Congressional Budget Office. On the lated example. At the National Gov- have gone to great lengths to assure issue of massive, unsustainable cost ernors Association meeting in Biloxi, people they do not want a single-payer shifting to State governments, don’t Gov. Brian Schweitzer, a Democrat, option either. These reassurances have take my word for it. Listen to the ex- said the legislation currently making come from as high as the White House perienced Democratic Governors plead- its way through Congress would un- itself. Just last week in North Caro- ing with us not to go down this road. fairly burden States. Here is some good lina, President Obama said: And when it comes to whether the goal advice from Governor Schweitzer: Nobody is talking about some government of this whole exercise is to move us to takeover of health care. . . . These folks What we need Congress to do is cost con- a European single-payer plan, it is no need to stop scaring everybody. trol. longer necessary to heed the warnings I wish that were true. But with due Cost control is something that would of the political conservatives. When respect to our Chief Executive, there is actually help in health care reform. I you listen closely, the leading advo- a reason people are frightened. They appreciate Governor Schweitzer calling cates of the House and Senate legisla- are paying attention, and they see that for it. I am grateful to Governor tion, in their unguarded moments, are sponsors of this legislation are, in fact, willing to admit that a single-payer Schweitzer for his honest assessment. advocating a government takeover. In fact, the American people owe a I found it interesting that just 1 day government takeover is their ultimate debt of gratitude to Democratic and after the President’s remarks, I turned dream. I hope we do not go down that Republican Governors for speaking the on the news to see one of the most sen- road. truth. These Governors may have saved ior Democratic chairmen in the House Madam President, I yield the floor. us from a catastrophe by speaking out of Representatives seem to contradict The PRESIDING OFFICER. The Sen- and telling us what the consequences the President. Here is the exact quote ator from Connecticut. are, as States struggle to meet their from this leading Member of the House Mr. DODD. I yield to my colleague current obligations. Indeed, there is a on the consequences of a public option. from Vermont. great deal of bipartisanship emerging He said: AMENDMENTS NOS. 2276 AND 2271 TO AMENDMENT on the issue of health care reform, and I think if we get a good public option, it NO. 1908 that bipartisanship is coming in the could lead to a single payer and that is the Mr. SANDERS. Madam President, I form of alarm—alarm about what the best way to reach single payer. seek unanimous consent to set aside bill proposes to do to State budgets, to I wonder what the Federal Trade the pending amendment so that I may small businesses, to job creation, and Commission would say about that type call up my amendments Nos. 2276 and to choice in health care. of advertisement. To me, it says: Let’s 2271. We are also learning that when it lure people into going along with a The PRESIDING OFFICER. Without comes to the discussion of the so-called public plan when we know it will even- objection, it is so ordered. The clerk public plan or public option, there is a tually lead to a single payer down the will report. great amount of bait and switch lurk- road. I don’t want to take that risk. The legislative clerk read as follows: ing about. Bait and switch is basically Another leading House advocate of The Senator from Vermont [Mr. SANDERS] a form of fraud or trickery that, unfor- the public option had this to say about proposes amendments numbered 2276 and tunately, goes on in our economy. It is a path to a single-payer system: 2271, en bloc, to amendment No. 1908.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20584 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 The amendments are as follows: in farm programs to live within this al- ator from Iowa, along with Senators AMENDMENT NO. 2276 location. MIKULSKI, BINGAMAN, and MURRAY, (Purpose: To modify the amount made I very much thank our two managers worked on various ideas. Prevention available for the Farm Service Agency) for their work in preparing this bill. was the matter in which Senator HAR- On page 24, line 12, strike ‘‘$1,253,777,000’’ The Committee on Appropriations has KIN became an expert. He developed and insert ‘‘$1,603,777,000’’. offered its unanimous support. I believe very sound ideas in our legislation to AMENDMENT NO. 2271 the full Senate should do the same. promote the improvement of preven- (Purpose: To provide funds for the school f tion ideas as part of our health care re- community garden pilot program, with an form efforts. Senator MIKULSKI worked MORNING BUSINESS offset) on quality. Senator BINGAMAN worked On page 52, lines 22 and (23), strike Mr. DODD. Madam President, I ask on coverage. Senator MURRAY worked ‘‘$16,799,584,000, to remain available through unanimous consent that there now be a on workforce issues, which are all so September 30, 2011,’’ and insert period for the transaction of morning ‘‘$16,802,084,000, to remain available through critically important. Senator HARKIN September 30, 2011, of which $2,500,000 shall business, with Senators permitted to brought to the committee his more be used to carry out the school community speak for up to 10 minutes each. than three decades’ long commitment garden pilot program established under sec- The PRESIDING OFFICER. Without to prevention and wellness. He is no tion 18(g)(3) of the Richard B. Russell Na- objection, it is so ordered. newcomer to this issue. In a minute, I tional School Lunch Act (42 U.S.C. 1769(g)(3)) f am going to ask him, if he would, to go and shall be derived by transfer of the into detail about the prevention as- amount made available under the heading HEALTH CARE REFORM pects of this bill and what is included. ‘ANIMAL AND PLANT HEALTH INSPECTION Mr. DODD. Madam President, I SERVICE’ of title I for the National Animal People ought to know what we have Identification program’’. thank my colleagues this evening. I am done. I am so sick and tired of hearing going to momentarily turn to my col- Mr. INOUYE. Madam President, the about socialized medicine, government leagues from Iowa, Ohio, Vermont, and Senate is considering the fiscal year takeover—nothing but absolute false- Rhode Island—all of whom participated 2010 appropriations bill for the Depart- hoods about what is in this legislation with us nearly 3 weeks ago in the ment of Agriculture, rural develop- and what we are promoting. markup of our bill, the Affordable ment, the Food and Drug Administra- I say at the outset, if you like what Health Choices Act, which took up an tion, and related agencies. I thank our you have, you get to keep it, choose inordinate amount of time, longer than two managers, Senators KOHL and your doctor, hospital, choose the insur- I think any markup certainly in the BROWNBACK, for their hard work on this ance program you have. What people history of our committee, maybe the measure. don’t have is a sense of stability and The bill was reported by the Appro- longest in the history of this body. We certainty that they are going to have priations Committee more than 3 actually spent about 56 hours, 23 ses- the coverage they deserve if a crisis weeks ago on a bipartisan basis with sions, and 13 days on this bill. We con- hits them in health care and that they all members voting in support of the sidered just shy of 300 amendments, of will get the care they need. That is measure. which 161 amendments were offered by what people are uncertain about today. As my colleagues are aware, as the our colleagues from the minority and So many millions of our fellow citizens new chairman of the Appropriations contributed significantly and sub- worry every night that the coverage Committee this year one of my goals stantively to the outcome of that bill. they have and the coverage they would was to increase transparency and ac- They did not support the bill in the like to have is unavailable to them be- countability in the appropriations end, unfortunately, but any definition cause the costs are rising almost on an process. In many respects I have fol- of ‘‘bipartisan’’ would have to include hourly basis, and they worry about lowed the lead of former Chairman whether or not their ideas were incor- their families. Senator BYRD in this regard. To this porated in any significant degree in Before I turn to my colleague from end, the Agriculture bill and report this bill, and they were. I am appre- Iowa and my other colleagues, as well, have been available on the Internet and ciative of their efforts. to share some thoughts with us, I made in printed form for several weeks. All I am particularly grateful to Sen- an announcement last Friday which Members have had ample time to re- ators HARKIN, MURRAY, WHITEHOUSE, has become quite well known—the fact view the material in this bill. and BROWN for their contributions, that I have been diagnosed with pros- As the Senate considers this measure along with others on the committee: tate cancer. It is in the very early it will find a bill that will meet our Na- Senator SANDERS, who is here; Senator stages. I am confident the outcomes tion’s critical requirements to support MIKULSKI played such an important are going to be great and all is going to agriculture and related programs role; Senator CASEY, Senator MERKLEY, work out well. I have known about this which are vital to our economy and, Senator BINGAMAN, Senator REED, Sen- since June when I was diagnosed with frankly, our Nation’s livelihood. ator HAGAN—all of whom contributed it and did what I could to learn all Our Nation has been blessed with a to the outcome of that legislation. about prostate cancer and what treat- wealth of natural resources which al- We thought it might be worthwhile ments and options will be available to lows us to be the world’s leader in agri- this evening to talk about exactly me. culture. This bill offered by Senators what is in this bill. We will be adjourn- The point I want to make is this: KOHL and BROWNBACK will help to en- ing in a few days. We will be gone for When I discovered in June that I had sure that we maintain that position. a month. Unfortunately, during that prostate cancer, I didn’t lose a mo- There is a total funding of $123.9 bil- month, nothing will happen on this ment’s sleep over whether I had the lion included in this bill, of which bill. But I think it is an important coverage to pay for it. I didn’t lose a $23.05 billion is for discretionary pro- month to educate our constituents and moment’s sleep as to whether I have grams, the same as the 302(b) alloca- people across this country as to what is quality care. I am a Member of Con- tion. While this represents an 11-per- in this bill, what we are trying to ac- gress. I have a great health care plan. cent increase in funding when com- complish with our reform efforts. I have great coverage. I never lost a pared with fiscal year 2009, not includ- Senator HARKIN led the effort on pre- moment’s sleep over whether or not I ing supplemental spending, my col- vention in our committee. The Senator would be able to access that coverage. leagues should recognize that for too was asked by our chairman, TED KEN- What bothers me is it should not just long funding for our Agriculture and NEDY—who, as we all know, is strug- be me or Members like me in this body. Rural Development Subcommittee has gling with his own illness, a brain If every Member in this body had to go been severely constrained. tumor. We pray and hope he will be through what millions of Americans do Even with this level of funding, the back to work with us and to chair his every day, and that is wonder whether subcommittee has had to find savings committee. But the distinguished Sen- the quality is going to be there, the

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20585 care is going to be there, maybe they Every day we wait, another 14,000 peo- there. They are unduly scaring people would worry. But that is not the case. ple lose health coverage. Since we and obviously by people who don’t Our efforts over these days have been marked up our bill—and we finished want to change the system. They want to try to bring, at long last, that sense marking up our bill in that committee the status quo. of stability and certainty to our fellow back 3 weeks ago this Wednesday— The other thing I might say, as to all citizens that we have in this body and 266,000 people in the United States, this talk about socialized medicine, that the other body has and that thou- more than a quarter of a million peo- historically, when President Harry sands and thousands of Federal em- ple, have lost their health insurance. Truman first proposed a kind of na- ployees and others who have good That is what has happened in less than tional health insurance program, that health care coverage have. 3 weeks. is the issue that was raised in 1951, I I am confident everything is going to My hope would be that while we are think it was. I could be off a year. be fine. That is not the point of bring- going to debate this issue at home over Maybe 1950 or 1951 it was raised, when ing this up. The reason I bring it up is the month of August, we would come he was proposing this. The origins go because too many of our fellow citizens back with a renewed sense of commit- back to an individual whose name I for- lack the kind of security and stability ment to getting this job done. But to- get right now, but he was an adver- that those of us who are here have. I night, my colleagues and I would like tising executive hired by the AMA at hear my colleagues—some of them— to spend a few minutes talking about that time to stop Harry Truman’s pro- say: Well, we ought to wait a while what is in our bill, what we tried to do gram. So he came up and he coined this longer. We can’t afford to do this. with this, how we tried to increase ac- whole phrase ‘‘socialized medicine.’’ It We can’t afford not to do this. The cess, quality, as well as affordability. was picked up by then-Senator Robert cost to the average American is rising I have heard my distinguished col- Taft, and he kept harping on the Tru- by the hour. league from Iowa say on so many occa- man program was socialized medicine. I had one insurance company in my sions—and I am confident he will prob- Well, that was in 1949–1950, I think it State of Connecticut, a few weeks ago, ably say it tonight—we don’t have a was, and here we are, all these many announce a 32-percent increase in pre- health care system, we have a sick care years later, and we hear the same argu- miums. They announced it right in the system. I think he coined the phrase in ments coming up again. It wasn’t so- middle of this debate, to jack up those talking about it. I have heard him say cialized medicine then and it is not so- prices. Of course, it goes on all across it so many years in this body, talking cialized medicine now. the country. We have working families about what we need to do to develop What we are trying to get is a system who are losing their jobs, losing their sound health care programs. So I wish that is stable, that people can rely on, homes, and we find that 62 percent of to thank my colleague and ask if he that they know is going to be there for people who are in bankruptcy are there would share with us his thoughts on them and that is affordable and gives because of a health care crisis. We find this. them a quality health program—as my 50 percent of the foreclosures that are Is it not the case that chronic disease colleague, Senator DODD, said—as we occurring are occurring because of a accounts for about 75 percent of our have. What we are trying to get for the health care crisis. health care costs, and these are pre- American people is the same kind of So my interest in raising this is to ventable diseases in our country, such system all Federal employees have. We bring home the point that we have an as diabetes and heart disease, among are on the same system as your local obligation, it seems to me, in this other things? I wonder if my colleague postal employee in a small town in body, to address this issue; to do it from Iowa could take a moment or two Connecticut or a small town in Iowa or carefully, do it well but to get the job to talk about the cost savings achiev- somebody who works for the Farm done. We have a President committed able through increased prevention, not Service Agency in the Federal Govern- to that. Our leadership is committed to to mention what it means to individ- ment. We are all on the same plan. We it. The members of our committee who uals. It can lead to a longer life and a have a lot of choices, don’t we? Every have worked so hard are committed to better quality of life. I thank him for year, I think we get 20-some plans to it. All we are missing is some folks his thoughts on the subject matter. pick from. We sort of have an exchange willing to come to the table and help Mr. HARKIN. I thank our chairman, out there, where every year, if we don’t us resolve these matters in a way that the leader on this issue. Would the Sen- like what we have, we can go to some- will allow us to have some votes and ator yield? thing else. Why shouldn’t the rest of decide whether to go forward with ac- Mr. DODD. I yield to my colleague the American people have that kind of cessible, affordable, quality health from Iowa. access? care. Mr. HARKIN. First, I say to Senator I spoke with a small businessman in No one is talking about socialized DODD, I heard all this talk about so- Iowa last week. He has 12 employees medicine or talking about big govern- cialized medicine. Socialized medicine. and spends 15 percent of his gross rev- ment-run plans. They use those words These are scare tactics. There are a lot enue on health care. He has 12 employ- over and over and over again. You of scare tactics going on. ees, and one of his employees had a ought to be suspicious when they have I was in my State over the weekend, kidney transplant. Another came down nothing else to say about health care and people were talking about eutha- with cancer. In 2 years, his insurance but scare tactics and fear. That is what nasia in the bill. We hear all this crazy premiums went up 100 percent. In 2 they have done day after day in this stuff going on out there, and I got to years. He has a $5,000 deductible, and debate, and it is a disservice to the thinking about this. There is a lot of he said he needs some work done. He American people to suggest that after money on the table. We spend $2.3 tril- wanted to go in for a colonoscopy be- 70 years, with millions of our fellow lion a year, if I am not mistaken. cause he turned 50, but a colonoscopy citizens uninsured or underinsured to- There is a lot of money, and a lot of costs $3,000. Well, that is out of pocket night, the only answer they have to our people have a vested interest in not because he has a $5,000 deductible. health care problems is to wait longer, changing the system because they are I am trying to get to my point of pre- do nothing, and be scared. making a lot of money. Obviously, vention. Because we know if he has a What is more, if they were more seri- what they are trying to do is scare peo- colonoscopy and something happens, ous about some of these issues, we ple. they can stop it. It is one of the most might be engaged in more of a signifi- People elected us—and I think elect- preventable forms of cancer, this colon cant debate. As I said, that is not true ed President Obama—to make some cancer, but it is one of the most deadly for the 47 million without health insur- changes in the way we do things, but if you don’t get it in time. So I asked ance, the 30 million underinsured in there are a lot of vested interests out Art: Why don’t you get a different our Nation or the 14,000 in America there that don’t want to change. There plan? He said: I can’t. We only have one who lost their health insurance today. are a lot of scare tactics going on out in rural Iowa I can go to.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20586 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 What we are trying to do is get more save money, and the CBO—Congres- nutrition counseling, colorectal screen- plans for people out there in small sional Budget Office—doesn’t score it. ing. There will be reimbursements for towns in Iowa, in Connecticut, and ev- But we asked voters. The poll question that, and you will not have to pay any erywhere else so they do not have to be was: Will prevention and wellness save deductibles or copays. So for my friend stuck with one plan; they can shop us money? Seventy-seven percent said who is now facing $3,000 for a colorectal around and get other plans. yes. Yes, it will save us money. Again, screening, this will not cost him any- He asked me if he could get on the the American people get it, that we thing. No copays, no deductibles, and public option plan that we have in our have to focus more on prevention and the insurance company has to reim- bill. I said: Sure. Small businesses such health. burse for that. as you? Absolutely. That means he can We have some problems with CBO. Again, if we catch these things early, get in a pool with everybody else That is the Congressional Budget Of- it is just like mammogram screening. around the country and reduce his fice, for those who don’t understand We know if we get breast cancer early, costs. I just remembered that, and I re- the jargon around here. The Congres- it is curable. Again, let me say some- membered him talking about trying to sional Budget Office doesn’t score us thing that is public. The mayor of get a colonoscopy. This kind of gets to very well. Score means they do not Cedar Rapids is a woman. I was in Iowa the nexus of what I wanted to talk give us much savings when we invest in this weekend, and it was announced about, briefly, which is the focus on prevention and wellness. Well, I have she has breast cancer. She went in keeping people healthy. gone over that with the Congressional today for a small surgery, and she will President Obama said very clearly, Budget Office, and the problem is they be back to work tomorrow because when he addressed a joint session of do not give a savings because they do they got it early. Congress earlier this year, that we not give savings on what they call sec- Mr. DODD. If my colleague will yield have to make a major investment in ondary savings. Secondary savings is at this point, again, because I am ex- prevention and wellness because that is what prevention provides. It saves you hibit A. I had an annual physical this the only way we are going to keep peo- money from going to the hospital or year. At my annual physical, my PSA ple healthy and reduce medical costs. getting sick. But they do not give us a score spiked—shot up. That was a sig- Well, President Obama gets it. He un- good score for that on savings. But do nal to the doctors that maybe some- derstands we have to make a major we have data on that? Do we know if it thing more serious was happening. new investment. That is what we have saves money? Sure, we do. They decided a biopsy was appro- done in our bill—our Affordable Health This is from the Trust for America’s priate. A biopsy showed I had cancer. Choices Act—which Senator DODD so Health. They did a big survey of com- But I had the annual physical, which greatly led through our committee. We munity-based interventions and for $10 my health care plan pays for. If you make a major investment in preven- per person, in 1 to 2 years, they save don’t have a health care plan, that tion and keeping people healthy. $2.8 billion; 5 years, $16.5 billion; 10 physical can be very expensive, so peo- My colleague is right. I started out years, $18.5 billion. That is just $10 per ple don’t get their annual physical. saying we have a sick care system in- person, and that is just community Prostate cancer is the slowest growing stead of health care. I started saying programs. So we address the whole form of cancer, it is the easiest to man- that in 1992; that we have a sick care gamut. We address the community- age. If you have to have cancer, it is system, not a health care system. If the best one to have. If you have to you get sick, you get care, one way or based programs and the clinical-based have one, that is the best one—if you the other. But there is not much there programs. For example, what we do in our bill to try to keep you healthy in the first catch it early. A number of our col- is we set up an investment fund to do place and to focus on prevention. leagues have had prostate cancer. But a number of different things. Let me Again, our bill has a very strong pre- the important thing, as my colleague give one example. We are going to vention provision in there. pointed out, is to have an annual phys- Some ideas on what we have tried to train health professionals in how to ical, get the screening, and detect it do. The real health reform starts with work with prediabetic individuals, peo- early. I will be able to deal with this, prevention, it does. If we don’t do pre- ple who have tested high, who look like and I am told I will have a very vention and wellness, you can jiggle they are prediabetic. We will train healthy life for many more years to the payment system all you want and them to work with them to manage come. you are not going to save a dime, un- their condition, to get them on the If I had gone years without detecting less we start focusing on keeping peo- proper diet, to manage them as they go this and it migrated or metastasized ple healthy in the first place. Is there along. What is so important about into my lymph nodes or bones, I could support for that out there? Sure. The that? Well, what is important about be in serious trouble. Spark Matsu- American people get it. They under- that is that right now, for example in naga, our former colleague from Ha- stand this. They were asked: Should we Medicare, Medicare will pay $30,000 to waii, died of prostate cancer. JOHN invest more or not invest more in pre- amputate your foot if you have diabe- KERRY, our colleague, his dad died of vention and wellness? Well, you can see tes. They will not reimburse one cent prostate cancer. Thirty thousand peo- that 76 percent of the American people for nutrition counseling before so you ple a year die of prostate cancer, be- said we had to invest somewhat or don’t get diabetes. But they will pay cause they never caught it. That is strongly; invest more, 53 percent; in- for nutrition counseling after you get what screening does. That is why what vest somewhat, 76 percent; not invest diabetes. That doesn’t make any sense. you are saying has such value. any more, 10 to 16 percent. Right now, the cost of diabetes in our (Mr. MERKLEY assumed the chair.) The American people get it. They get society is $174 billion a year. That is Mr. HARKIN. I appreciate the Sen- it. You can talk to anyone you want $174 billion a year on diabetes. Well, it ator saying that, and that is why we about health care and ask them: Would doesn’t take a genius to figure out that have to have more focus on this pre- you rather just have something that if we can get hold of people who test vention and getting people in for early takes care of you when you get sick or prediabetic and get them on a well- screenings. If you get it early, you are would you rather have more focus on managed program so they do not come cured. We know that. So we want to re- keeping you healthy? I will tell you the down with diabetes, we will save move any of the obstacles people have response will be: I want to stay money. But the Congressional Budget going in and getting screening. healthy. People want to stay healthy. Office doesn’t score that as any sav- Again, the Congressional Budget Of- But in a lot of cases, they don’t know ings. fice says they cannot figure out the how. There are not the support systems So at the clinical level we will do savings. I said: Why don’t you go look there to do that. that. We will reimburse, for example. at Pitney Bowes. It is a big company, Again, on saving some money; a lot There will be a reimbursement for can- 200-some thousand employees, scat- of times we hear that: Oh, this won’t cer screenings, for smoking cessation, tered all over the United States——

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20587 Mr. DODD. Headquartered in Con- healthy. Yet everything we do lends Mr. WHITEHOUSE. I ask my distin- necticut. itself to be unhealthy. We have to do guished colleague from Iowa a question Mr. HARKIN. I didn’t know that. things to make it easier to be healthy about prevention because it strikes me, Pitney Bowes, and their CEO, Mike and harder to be unhealthy. Right now if you are a community health center Critelli, went on a big program of we do the opposite. It is easy to be and you want to invest in a health pre- wellness and prevention for all their unhealthy and hard to be healthy—es- vention strategy that will help the employees. I think they called it pecially after you find you have to community you serve have healthier Health Care University or something make all these copays and deductibles. lives and therefore lower the costs to such as that. Here is what they found. There is not much out there if you are the system for everyone—you put out They found, through their wellness prediabetic. Where do you go to get the the money for that program if you are and prevention program, they reduced kind of counseling and help you need so the community health center, you have their number of hospitalizations for all you don’t get diabetes? I suppose if you to staff it, you take all the risks, you their people by 38 percent—38 percent. have a lot of money you can probably do all the work, and yet the benefit of Think of the savings. They reduced do it, but for the average person, they what you have done doesn’t come back their disability payments and claims have no idea where to go. to you. It goes to private insurers, it by 50 percent, just through their The last thing I might mention, I say goes to the Federal Government, it wellness and prevention programs. to Senator DODD, also in our appropria- goes to patients and better health. But Again, this will save us money. It tions we have, and we hope we get it makes it a very unfortunate business will make people healthier. Not only some more in other bills, but: work- proposition for anybody who is doing that, I say to my friend, just the pro- place wellness programs, to buttress this on their own, which suggests this ductivity level—people will work hard- what Pitney Bowes and Safeway and is an important place for the Federal er, they will work better when they are others have done in that area. Government to invest because the mar- healthy and they are well. For this bill, it is key to reducing ket, by itself, will not take care of this One other thing I wish to mention. costs and changing the structure of because you invest and you don’t get it We have a fund in the prevention title health care in America. I am grateful back. You invest and it goes to the in- of the bill that will increase over the for my colleague’s leadership in pulling surance company. You invest and it years to a significant amount of this together and making sure in this goes to Medicare. money. People say: What are you going bill we have a very strong investment I know Senator BROWN wishes to to use that money for? in prevention and wellness. make some statement. I wish to make Right now at the Centers for Disease Mr. DODD. I thank my colleague, Mr. that point because Senator HARKIN’s Control and Prevention, for cardio- President. Before I turn to Senator work has been so important on this, vascular disease prevention and heart BROWN and Senator WHITEHOUSE—and and I think that is an important disease prevention, the current funding there are a lot of things to talk about thread. is $50 million for all States. That is in the work Senator HARKIN and the Mr. HARKIN. I thank my colleague. I barely enough to even print a pamphlet committee did on prevention—one of think that is a very good point. to get information out to people—$50 the great successes in this bill is a Mr. BROWN. I appreciate the leader- million for cardiovascular disease. Yet matter he worked out with our friend ship of Chairman DODD and Senator angioplasties alone and bypasses, we and colleague from New Hampshire, HARKIN on the whole bill. Senator HAR- spend over $90 billion a year—just on JUDD GREGG. You mentioned Pitney KIN has led the way on prevention. Sen- those two items. But if they are caught Bowes and Safeway. The Presiding Offi- ator WHITEHOUSE and I worked to- early and if there are prevention pro- cer is, of course, a member of our com- gether on writing the public option grams out there, we can cut those mittee as well and will recall this con- which provides a choice—not any gov- down. versation. But the amendment we ernment mandates, not as the other You mentioned diabetes. Right now worked out will allow for companies to side would like to create, this fear in diabetes costs us $174 billion a year— reduce by as much as 50 percent the the public that it is going to lead to for diabetes. So the current funding is premium costs of employees who de- single payer. $62 million a year for diabetes preven- cide to take personal responsibility for Also, I thank the Presiding Officer tion and control in the entire United improving their health care: getting in- for his work on tobacco and other States. volved in smoking cessation programs; issues on the HELP Committee too. Arthritis, the current funding is $13 those who can lose weight will go on I listened as we began this evening. million. For nutrition, physical activ- programs to take that poundage off. Before Senator DODD spoke, we heard ity and obesity, right now $42 million I will never forget Steve Burd, the from a colleague, a Republican col- is all we spend through the Centers for CEO of Safeway, telling us that for league from the South, from Mis- Disease Control and Prevention—$42 every pound a person who could lose sissippi, I believe. We heard over and million a year. weight loses in a year, it is a $50 sav- over all these scare tactics, all the You get my point. My point is, we are ings in premium costs—for every 1 kinds of words they use about single not focusing enough on prevention and pound. Think about what that can payer, about government takeover, wellness. That is what this bill does. mean in terms of not only a healthier about socialized medicine. It just I thank our chairman, I thank Sen- employee but also bringing down that serves to scare the public, to confuse ator DODD for his great leadership. cost of health care, not to mention, of the public. That is what people have to under- course, that person is less likely to What they have done especially is stand. In our bill, we have defined what contract diabetes or related problems. trying to scare senior citizens into we want to do on prevention and You get a cost savings, you get a thinking we are going to do something wellness. Frankly, I think we had good healthier person, you get a more pro- to their Medicare, require them to support on both sides of the aisle for ductive worker. That language exists come in and not just have a living will that. I think the American people sup- in this bill because of what TOM HAR- but have a plan on how they are going port putting more emphasis on keeping KIN did with JUDD GREGG on a bipar- to die. Some of the things they are say- people healthy. tisan basis to make this a better and ing are absolutely amazing. Andrew Weil, Dr. Andrew Weil has stronger bill. I commend the Senator I wish to kind of cut through that for come out with a new book, ‘‘Why Our and thank him for it. a moment because I know we tend to Health Matters.’’ One of the things An- Mr. DODD. Mr. President, I see our use words—we talk about exclusivity drew Weil pointed out to me a while colleagues from Ohio and Rhode Island and single payer and the gateway and ago—he said the natural state of the are here. the exchange, all these words we use human body is to be healthy. It is in Mr. BROWN. I yield to Senator around here. I wish to cut through our DNA. Our body wants to be WHITEHOUSE. that. I wish to share tonight, as I have

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20588 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 every night we have been in session for Thomas from Knox County, a Navy better life. Please support healthcare insur- the last week or so, some letters I have veteran—that is about 25 miles from ance reform with a public and a private op- gotten from people in Ohio. I know the where I grew up, in Mansfield: tion. Presiding Officer gets these from Port- I would like to urge you to support health She understands we want both. A land, OR, and Eugene and Senator care reform that includes a public insurance public option will, frankly, make pri- DODD gets these from West Hartford option. While private insurance is adequate vate insurance companies more honest. and New London and New Haven and I in many cases— Private options help make the public know Senator WHITEHOUSE and Senator Thomas, the Navy veteran, writes— option work better too. It will make it HARKIN get letters such as these from there are far too many instances where pri- more flexible, and it will make it re- their States. But this is the reason we vate insurance is denied or is inadequate to spond better to market conditions. are doing this health care bill. This is meet the needs of the insured. Having them compete with each other the reason we have worked hard, doing A neighbor of mine, a retired minister, was will work for Lia from Miami County, our jobs, as we should, to pass legisla- forced to sell his home and move in with his from Piqua, or Troy, that area of the son after battling cancer and having tremen- State north of Dayton. tion that will protect what works in dous debt as a result. And he was insured. our health care system and fix what is The last letter I would like to share broken. We know how often that has hap- is from Mary from Cuyahoga, from the We know many people want to keep pened. As Chairman DODD has pointed Cleveland area: their health care plans that they have. out, people who so often have declared Please, please, please, do whatever you can If they are satisfied and want to keep bankruptcy because of their illness to get the healthcare reform bill through them, we want to help them keep often had insurance, but their insur- Congress this year, and stop the insanity we them, but we want to build some con- ance had lifetime caps. One of our con- are experiencing now. My husband and I are sumer protections so they cannot be sumer protections we are building into retired. He has had diabetes for the past 28 the health care system with this bill is years. Thank God for Medicare. But he is denied care when they call their in- part of the doughnut hole generation. surer when they need a health care no more lifetime caps so people can get What that means is, again, what hap- treatment; so they can’t be discrimi- the insurance they thought they had, pened 5 years ago when the Bush ad- nated against; they can’t have a com- can get the coverage they thought they ministration pushed their partial pri- munity rating system gamed. That is had. vatization of Medicare through the what people have seen. So if you have Why we would allow, in this country, House and through the Senate, the bill your own health insurance and are that a retired minister has to sell his that was written by the drug compa- happy with it, we want you to keep house and has to move in with his son nies for the drug companies, the bill that, but we want some consumer pro- because the insurance he had when he that was written by the insurance com- tections around it. got seriously ill would not cover his ill- This bill is full of assistance for ness? panies for the insurance companies, it small business that works so very hard What does that say about our failures simply did not provide senior citizens to help people, small businesses that in the past in enacting health reform? who had high drug expenses with their want to insure their employees but Thomas from Knox County, a Navy drug benefits. There was something often cannot afford it. This bill will veteran, says: called a doughnut hole where people work so well to encourage and assist Please do not vote for any plan that would simply lost the coverage for which they people who want health insurance to only fatten the wallets of the insurance and were paying. get that health insurance. drug industry without significantly fixing My husband has now reached the limit of Let me stop talking, except to read a the problem for the average American cit- the payments that Medicare will make on izen. few of these letters I have received in his medications. Now he has to spend thou- What Thomas is talking about is sands of dollars out of his pocket to stay the last few days. healthy. Why would you pay for only a half Jon, from Franklin County—central what has happened in this body and what happened in the other body, year of his medications? What is he supposed Ohio, Columbus area—writes: to do the rest of the year? Hope for the best? I am a self-employed 28-year-old with Type where I was a Member, 5 years ago My husband had taken charge of his health I diabetes. After being denied coverage by when the Bush administration pushed through better diet and exercise. Yes, we many health insurance companies, the only through a Medicare plan that betrayed need to take responsibility for our health, plan I could find charged outrageous month- the middle class. It was a plan that the especially a disease such as diabetes, but we ly premiums. drug companies wrote, the insurance need healthcare that will help when all of After having a policy for 5 months, the in- companies wrote. It was a Medicare our efforts fall short and illnesses take over. surance company increased my monthly pre- plan that simply did not work for the Please vote for healthcare reform. mium by another $100. All of us get letters like this every It is vital I have health insurance. I was di- middle class. It worked very well to agnosed with Type I diabetes at age 12, and fatten the wallets, as Thomas said, of day. Thousands of these letters are I have taken very good care of my health the drug and insurance companies. sent to the Capitol every single day with diet and exercise. Let me share a couple more. from people who are struggling. Most As Senator HARKIN talks about. Lia from Miami County writes: of these letters, I have found, come I didn’t ask for this disease but ask you to Recently our daughter graduated with her from people who have had health insur- vote for reform—especially the public insur- masters degree and was ready to join the ance, they have lost it because of a pre- ance option. workforce. Last summer between semesters existing condition, they have seen it We need realistic premiums and choices she had major back surgery. We are so proud fall far short of what they were prom- without penalties. that along with her recovery, she managed ised because they had a very expensive That is what the public option does. to carry her full curriculum with great illness, or they have sometimes seen If you don’t have health insurance or grades. But she developed complications and their health insurance go away because you have inadequate insurance or in- subsequently endured three surgeries and 2 weeks in the hospital. they have lost their job. surance you are dissatisfied with, you Her student health insurance expires at In every one of these cases I have can go into what is called this ex- the end of July. During her recovery, she was read tonight, in every letter I have change. You have a choice, a menu of not able to search for a job and has been de- read, the dozen or so, couple dozen let- options. You can go with Aetna or with nied from multiple insurance carriers due to ters I have read here on the floor of the an Ohio medical mutual fund, mutual her preexisting conditions. We are now faced Senate, in every single one of these company, or you can go with the public with additional medical expenses and no in- cases the legislation that those of us— surance coverage. option. Nobody forces you to do any- Senator WHITEHOUSE and Senators I fully understand the need for healthcare thing, but providing you a wide range reform to assist those who are facing the HARKIN and DODD and the Presiding Of- of options will give you much better in- same issues that we are with our daughter. ficer, the Senator from Oregon, Mr. surance than you might now have if Please stand up for those in Ohio and other MERKLEY—the legislation we wrote you are dissatisfied. states that are doing their best to create a will take care of this. It will protect

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.000 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20589 what works in our system. It will fix ened of this idea. I traditionally think place injuries, it will cover temporary what is broken. It will give people who that all of us embrace the free enter- conditions, and it will cover lifetime already have their insurance and are prise system as providing the best re- chronic conditions. It has all of the ele- satisfied with it more consumer protec- sults for our country throughout 200 ments of health insurance coverage and tion so they can keep their insurance years of history. Why in the 21st cen- the need for it. they are satisfied with. It will give tury should that be any different from Well, when our colleague from Wyo- those who do not have insurance an op- the 20th or the 19th century, where ming, the distinguished ranking mem- portunity to buy decent health insur- competition helped produce the great- ber of the HELP Committee, goes home ance, with a public option, if they so ness of this country? to Wyoming, he goes home to a single- choose, or to go to a private insurance I appreciate the Senator from Ohio payer public option for workers’ com- career. today raising the point about the value pensation health insurance. So it can I yield the floor. of injecting some competition. We all hardly by anathema to have a choice Mr. DODD. I thank my colleague and know ultimately that could have the public option. thank him for making that contribu- desired effect of bringing down those The distinguished gentleman, Sen- tion on so many points, particularly on costs and making insurance or health ator MCCAIN, who was the Republican the public option. As our colleague care coverage more affordable. At some candidate for President, goes home to from Ohio has pointed out, and some point, I hope someone might explain to Arizona to a competitive public plan may find it somewhat alarming—but me why competition is a bad idea. I providing workers’ compensation the whole idea of competition is about though quite the contrary, and it is al- health insurance in his home State. as basic in America as any I can think most un-American to suggest that we The Republican leader himself, Sen- of. The idea that people can have ought to make this a noncompetitive ator MCCONNELL, goes home to Ken- choices out there is something we cher- environment, that everything else tucky, to a State where there is a pub- ish in this country. ought to be competitive but not health lic plan that delivers health insurance, In fact, what exists today in so many care. It seems to me that quite the op- a competitive public plan. And I sus- case is the lack of choice. I listened to posite ought to be the case. pect his employers like it and the peo- my colleague from Iowa talk about I see my colleague from Rhode Island ple are comfortable with it. western Iowa, rural Iowa, where you here, who made a significant contribu- Our colleague, KAY BAILEY only get one or two choices. In the tion in crafting the public option and HUTCHISON, is shortly to go home to State of Virginia, almost 70 percent of the very public option that was praised Texas to run for Governor. When she all insurance is written by two compa- by the so-called Blue Dogs in the does, she will go home to a State that nies in the entire State—two compa- House, the more conservative Demo- has a competitive public plan that de- nies in the entire State of Virginia. crats in the House who were reluctant livers health care through the workers’ That is not untrue in most places. I to be supportive of that specific health compensation system. cannot speak specifically State by care package. But to their great credit, Our distinguished friends in Utah, State, but it is not uncommon that in they took a good look at what we had Senator BENNETT and Senator HATCH, many areas the choices are very lim- created in our bill on the public option, who have done so much work on health ited. So today, for most Americans, the and they were so impressed by the insurance issues over the years, go ability to shop for the best health care work done by our committee—specifi- home to Utah, where their business plan that serves their needs and the cally, our colleagues from North Caro- community has a competitive public needs of their families is very limited. lina, Senator HAGAN, Senator BROWN plan for delivering health insurance. What is being discussed here is not a from Ohio, and Senator WHITEHOUSE So, in addition to the irony of being subsidized plan, not taxpayer sub- from Rhode Island, who were the prin- against competition, their business sidized in any way, but a plan that cipal authors of this provision in our communities, I believe, are highly fa- would offer an option, a safety net in bill—that the House Blue Dogs insisted vorable to a public plan that competes many cases, probably for some kind of that this language be incorporated in in the market to deliver health insur- illness that can afflict someone, which part of their health care effort in the ance that the business community most people worry most about that House. I thank my colleagues from funds, the workers’ compensation could ruin them financially. It is a Rhode Island and Ohio and Senator health insurance market. So I guess pretty straightforward kind of a plan KAY HAGAN from North Carolina for ironies abound here. that would provide some basic cov- their work in this regard. I would also like to compliment Sen- erage, at a competitive price, a non- Possibly my colleague from Rhode Is- ator BROWN for keeping it real here on profit operation that would take the land would like to talk about that or the Senate floor and reading those let- element of profit out. I know that may some other aspect of this bill. ters and reminding us that when push be intimidating to people, to have Mr. WHITEHOUSE. I would be de- comes to shove around here, it is not someone out there competing with an lighted to talk about that. But the the nametags and the labels that mat- idea. If it is not a good plan and people first thing I would like to do is react to ter, it is not ‘‘socialized medicine,’’ it don’t like it, they will not go to it, in a point the distinguished chairman has is not ‘‘government takeover,’’ it is which case it will not work very well. just made regarding how ironic it is people who have real problems. If it is a well-drafted plan that does that some of our friends on the other I was struck by a letter that was what many would like it to do, it side are so opposed to increasing com- brought to my attention today. I do might just have the effect of bringing petition in the insurance industry. One not know exactly what day it came in, down the cost in a competitive envi- of the things that is particularly ironic but I saw it today. A working couple ronment. is that a great number of our col- with a son, sort of the ideal American I mean, under a capitalistic system, leagues on the other side go home to family, doing nothing wrong, doing ev- competition is what contributes to their home States to a health insur- erything right, playing by the rules, price fairness. If one company controls ance system that already is a public working hard. The son becomes griev- the whole game, or two do, you get a option for their business community, ously ill, has a very grave illness. Over predictable result—price fixing—and their workers’ compensation system. the years, his condition worsens, and you pay an awful price as a consumer, The two places you get health care ultimately his disease takes his life. whether you are buying shoes or auto- are from the general health insurance They were insured through this whole mobiles or any other product or serv- marketplace and from the workers’ period, but the insurance was not ice. compensation marketplace. You can enough. There were copays, there were So the idea of injecting a level of get workers’ compensation coverage, limits, there was cost sharing. As a re- competition—I find it somewhat ironic and it will cover small workplace inju- sult of all of this, they are deeply in that our Republican friends are fright- ries, it will cover catastrophic work- debt. They had to take time off work

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20590 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 and spend time caring for him, and so costs from the insurance side goes to that might have been a preexisting they have had employment issues. overhead and administration. Most of condition. They look for a loophole. If Now, this is, again, sort of the ideal that goes to denying claims and mak- they are stuck, if they can’t find a American family. They are both work- ing life difficult for providers, doctors, loophole, then they deny payment. ing hard. They have a son whom they and hospitals, when they submit their They tell you that the coverage you love. They are doing everything right, bills. There is a war, a claims war need isn’t what you need or they refuse and they are playing by the rules. And going on right now between the insur- to honor the doctor’s bill when it because he got sick and because our ance industry and doctors and hos- comes through the door. But a business health insurance system is such a pitals. And 15 percent of what we pay model for an entire industry of denying nightmare for a family in that situa- for health care gets burned up on the insurance to the people who they think tion, they have lost their son, they insurance company side of that war. will get sick and then denying coverage have lost their savings, and they are The insurance companies are bigger to the people who actually do get sick about to lose their home. They are and smarter, and they set the rules. So and, when they can’t dodge their cov- about to be put out of the house that you can bet that the doctors’ side of re- erage responsibilities, denying pay- has all of the memories of their son. sponding to that costs more than 15 ment to doctors or hospitals or trying You know, there are people for whom percent. to have some person who is not even a this is very real, and we have to keep In fact, the Lewin Group has esti- doctor second-guess the coverage that our eye on that ball and not on all of mated that 36 percent of a provider’s your doctor tells you you need, that is the smoke and all of the fear overhead cost goes to fighting with the a terrible business model. It has caused mongering that is happening around insurance industry. Everybody in this immense pain across the country, and here. A lot of that smoke and fear place has had the experience or some- it has been a disaster. There is a better mongering is happening around our body they know or love has had the ex- business model. A public option can public plan. perience of trying to get a claim paid, pursue it. Well, it is not that complicated. It is having it be denied, submitting a bill, Mr. DODD. If my colleague will yield competitive. It is fair. It has no special having it be denied, having to wait for on that point, those very fact situa- subsidies for people who are in that treatment that you need while your tions the Senator describes would be plan versus in competing private plans. doctor tries to get prior authorization totally prohibited under the bill we It has no special advantage. And it from the insurance company that says: marked up in our committee nearly 3 honors President Obama’s programs No, we need more papers. All of that is weeks ago. Every one of those fact sit- and the promise of all of the Presi- expensive. None of it provides any uations would be prohibited under the dential candidates that if you like the health care value, zero. It is all admin- legislation we sent to the body for its plan you have, you get to keep it. You istrative overhead and nonsense. consideration. are not forced out of anything. In some cases it is big. I was at the Mr. WHITEHOUSE. Yes, it would. So if it has no special advantages, if Cranston, RI community health center. And it is an important piece of this leg- it has no special subsidies, why do we It is not a big organization. Rhode Is- islation that has received far too little support a public option? Why is it bet- land is not a big State. Cranston is not attention so far in the debate. It has ter? Well, I would say that there are our capital city, not our biggest town. caused an immense amount of personal three reasons we can have some con- Its community health center does not pain, human anguish, and suffering fidence that a public option will make have an enormous budget. They spend that our health care system causes. a difference for the kind of people Sen- $300,000 every year on the consultants The distinguished Senator from Ohio, ator BROWN was talking about, the who help them try to negotiate this Senator BROWN, and I wrote an article family I was talking about, people who payment claims war they are stuck about this. We wrote: Your health in- suffer through our existing health care in—$300,000 a year. On top of that, 50 surer should be your advocate, not system. percent of their personnel time, half of your adversary. The community health The first is, a public plan does not their personnel time, goes to fighting insurance option will invest in preven- need to take profit out of the system. with insurance companies. So you take tion so that when you are healthy, you In 2007, in Rhode Island, one of our a little place such as the Cranston stay that way. It will invest in care insurers, United Health Care, asked community health center and you can management coordination, if you have permission to remove $37 million as its tell them: Half of your personnel costs a chronic condition, and it will fight profit in that year from Rhode Island can go away or can be devoted to pre- for you, not with you, to get you the back to its home headquarters. My vention, as the Senator from Iowa has best possible care with the least pos- State isn’t as big as Ohio. It is not as suggested, instead of fighting with the sible hassle. big as Iowa or Connecticut. It is a insurance industry. That is an im- That is what this is all about. The small State. It has a million people. In proved model. That is something the new business model can look in these one year to take $37 million out of that public option can pursue. areas: Quality improvement. We know State, when they only had a 16-percent You don’t have to fight the providers that improvement in the quality of market share, think of that. A 16-per- that way, and the amount of waste care in this country can save dollars. cent market share in a State of a mil- that is burned up on all of that warfare But as we were saying earlier in our lion people is about 160,000 folks they for no health care value whatsoever is colloquy, it doesn’t save money for the cover, assuming that everybody had an opportunity for this public option to person investing in the quality. It coverage; $37 million out of those achieve. saves it for the system. A public option 160,000 people in 1 year gone for profits. The third area is to more broadly will have the public purpose necessary Stop doing that. Stop paying exorbi- change the business model. There is a to pursue those quality improvements tant salaries such as United Health failed private insurance business model that will drive down cost. Care’s chief executive who got $124 mil- right now. It is pretty simple to sum- Health information infrastructure. lion in salary. That is a lot of money marize. No. 1, if they think you are We have the worst health information that could go back into other things in going to get sick, they deny you insur- infrastructure in this country of any health care. That could help families ance. You don’t even get in the door. industry. The only industry that has either get better coverage or pay lower No. 2, if they make a terrible mistake worse information infrastructure is the premiums. So there is one thing—no and let you in the door and then you mining industry. It is pathetic. But the profit, no excess cost. have the temerity to get sick, they same principle applies. The doctor in- The second is, you could have better look for a way to deny coverage. They vesting in that equipment on their dealings between insurers and pro- go through the form and look for a desk puts out all the money, takes all viders and hospitals than we have right mistake you might have made so they the risk, absorbs all the hassle, and the now. Fifteen percent of our health care can throw it out. They find something savings go to the insurance companies.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20591 So we are underinvested. A public op- proved by our committee, that would I see our colleague from Oregon is tion can make those investments in not happen. Never again can a pre- here. I want to say that RON WYDEN our electronic health record infrastruc- existing condition be used to deprive has been a tremendous advocate of ture. coverage. health care reform for so long. He has Prevention strategies. I won’t dwell No exorbitant out-of-pocket ex- written a bill that has attracted a lot on that because the Senator from Iowa penses, deductibles, or copays. Insur- of bipartisan support. He and I have has done such a good job already. Same ance companies will have to abide by had long conversations about some of principle: A public option can pursue yearly caps on how much they can his ideas. I have asked him to take a the public purpose of protecting public charge for out-of-pocket expenses. look at what we have done as well. I health through prevention in a way There will be minimal or no cost shar- am confident we will end up with that insurers never will because they ing for preventive care. The insurance health care reform. And I want to don’t have the financial interest at industry would fully cover regular thank RON WYDEN for his energy and stake. Finally, you can develop new checkups and tests that help prevent passion about this issue and the very models of payment to make all those illness such as mammograms or eye creative ideas he has brought to the happen, because the way we pay for it and foot exams for diabetes, the kind of table. now is piecework. Procedure by proce- thing Senator HARKIN talked about. It Mr. WYDEN. Mr. President, I wanted dure, the more you do, the more you doesn’t make sense to pay $30,000 to to come tonight as a member of the Fi- get paid. Not the healthier your pa- amputate your leg instead of paying nance Committee and particularly tients are, the more you get paid; the for the coverage to determine if you highlight the extraordinary contribu- more you do, the more you get paid. are susceptible to the illness. tions that those on the HELP Com- No dropping coverage for the seri- There is enormous hope for the whole mittee have made in the prevention ously ill. Companies would be prohib- system. In fact, it may be the only area. This is going to be a landmark ited from dropping or watering down hope for our whole system is to change bill. This is going to be an absolute insurance coverage for those who be- that business model to a model that turning point in American history come seriously ill. No gender discrimi- works on quality improvement, preven- when we finally say that instead of nation. There has been a problem of tion, investment, payment reform, and spending loads of money on various tremendous discrimination in the cost health care services, we will start electronic health record infrastructure of coverage based on gender. Under our keeping people healthy. You look, for for everybody. A public option will lead legislation, insurance companies would example, at the Medicare Program. us in that way. be prohibited from charging you more Perhaps you can trust the private in- Medicare Part A will pay thousands because of your gender. No annual or and thousands of dollars on senior citi- surance industry to do this, although lifetime caps on coverage. Again, you zens’ hospital bills. And then Medicare they never have so far. But perhaps have coverage. You have never had to Part B, the outpatient portion, can’t now suddenly something will change use it. All of a sudden you get that cri- do anything to reward somebody for and you can trust them to start doing sis in your family, and then you start staying healthy. Along comes Senator this for the first time, when they never reading the fine print and discover all HARKIN, who has consulted very exten- did before. But I don’t think it is a wise you get are two hospital visits or three sively with the private sector, worked bet to put all of our eggs in that one doctor visits. You have a serious prob- on a bipartisan effort. Senator ENZI basket. Give us a public option and let lem on your hands. That coverage you and Senator GREGG were very involved. them compete. I think they can help have been paying for month after And you found the sweet spot. Preven- transform this world. month, year after year, all of a sudden tion. The last thing I will say it is cost might as well not exist at all. Under What you all were able to do in the control. We have heard a lot about cost our bill, the industry would be pre- preventive area is to show that you control on this subject. There is no bet- vented from placing annual and life- could give very dramatic incentives to ter way to have cost control than to time caps on coverage that you receive. reward people for staying healthy, low- get a public option out there doing all Extended coverage for young adults: ering their cholesterol, lowering their these things—stripping the excess prof- Children would continue to be eligible blood pressure, picking up on some of it out of the system, lowering the ad- for family coverage, not stopping at the good work that is being done in the ministrative costs, ending the warfare age 21 but up to 26. That is a huge gap, private sector but not getting into with providers that provides no value, 21 to 26. Then we have young adult where one could, in effect, be said to be and working to a business model found- plans that would allow another option. discriminating against an individual ed on quality, prevention, electronic Young people often think they will live who would have a lot of health prob- infrastructure, and clearer payment forever and never have any problems. lems and would have difficulty just signals. That is where we need to go. We are trying to help out this age with an incentive-based system. The public option takes us there. group that too often slips through the That is a very thoughtful approach, Nobody cares more about this than cracks. This group often doesn’t think in my view, to moving this country for- the distinguished chairman and par- coverage is that important and, as a re- ward. I hope we will be able to pick up ticularly the people he has heard from sult, suffers when they are faced with on it in the Senate Finance Com- in Connecticut. I would revert back to illnesses or accidents. mittee. There is a lot of bipartisan sup- the chairman to discuss the personal Lastly, guaranteed insurance renewal port for it. I came to the floor tonight aspects of this on the part of the people is the point I wanted to raise—when to particularly highlight that. he serves. you discover all of a sudden that you There is time, perhaps, for one other Mr. DODD. I thank my colleague. are no longer covered. Under our legis- thought. I was struck—as we talk There will be many more opportunities lation, the industry would be required about the lack of choice in this coun- for us to go over this, but I want to to renew any policy as long as the pol- try—the distinguished Presiding Offi- make some points that are important icyholder pays premiums in full. The cer and I woke up this morning to our and are part of the legislation that companies wouldn’t be allowed to statewide newspaper, the Oregonian, came out of our committee and that refuse renewal because someone be- which described, in great detail, our are now available for colleagues and came sick. Every one of these provi- health insurance as Members of Con- others to consider. sions is now written into our legisla- gress. Senator HARKIN and I have Under our legislation, you can never tion. Our bill absolutely makes major talked about this, Chairman DODD as discriminate again for a preexisting reforms that will make a difference on well. It described how Senator condition. So when someone comes in behalf of the citizenry who are count- MERKLEY and I have access to 23 health and says, I am sorry but that condition ing on a program that would not de- care packages, which, by the way, un- precludes you from getting coverage, prive them of the coverage they de- derstand the HELP lesson. They can- under our legislation, drafted and ap- serve. not discriminate against you if you

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20592 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 have a preexisting condition. You go back in the fall and win bipartisan sup- healthy. We have to put more incen- into a big group so you can play port to go where this country has not tives in there for people. hardball with the insurance companies. been able to go for 60 years; that is, You talk to anyone. Go out and talk What is striking about this—and Sen- quality, affordable coverage for all to anyone and ask them would they ate MERKLEY and I heard about this on Americans. like to be healthier or would they like the front page of our newspaper—is We have already made it clear that in to be sick. That answer is easy. They most of the country thinks this is some any legislative effort we are a part of, want to be healthy. What kind of help kind of ‘‘Cadillac,’’ gold-plated oper- we will mandate good health for the do you get? When you go to your doc- ation. But, as the newspaper pointed Dodd household because we are all tor, when you talk to your doctor and out today, that is what somebody who thinking about you, and we want you stuff, do they tell you how to be works for the Forest Service gets in to know how much affection we have healthy? Well, I do not know. I do not central Oregon, that is what somebody for you and how much support both think so. When is the last time you who is a janitor, for example, the paper personally and professionally we have went to a doctor and walked out with- said, gets at the Bureau of Engraving. for you from all of us in the Senate. out getting a prescription? So the doc- I very much look forward to working Mr. DODD. I thank the Senator. tor gave you a prescription. Go get a with all of you on the HELP Com- Mr. WYDEN. I thank the Senator for drug. We have to change this. In our mittee, as Chairman DODD and I have giving me all this time. bill, we do. talked about, to make sure everybody (Mr. WHITEHOUSE assumed the chair.) Again, part of our prevention pack- can have a wide array of choices, have Mr. DODD. I thank my colleague. age is to focus on medical schools and a lot of clout to take on the insurance Mr. HARKIN. Mr. President, I wish to how we get more people in general companies, get reduced administrative thank my friend from Oregon, with practices and family practices and costs, which is what you get with the whom I have had numerous conversa- residencies in prevention and wellness big groups, and, by the way, have a fi- tions, going back over years, on the so they begin to understand how they nancial incentive to choose one of whole wellness ethic and how we can can start working with people to keep these Harkin-type packages that re- kind of get this big ship of health care them healthy. ward prevention. moving in a different direction. Sen- So this is a way we are going to try One of the things that is troubling ator WYDEN has been one of the great to shift this so the person can say: Yes, about this debate is if we do not get leaders in this area, and I have con- I want to be healthy. And do you know the choice issue right, a lot of Ameri- sulted with him often on this issue. I what, I went to my health care practi- cans are not going to be able to choose look forward to his work on the Fi- tioner—maybe a doctor, maybe a nurse those kinds of packages. I think, under nance Committee. practitioner, maybe a physician’s as- the Senator’s leadership, we will be Of course, on workplace wellness, we sistant, and it could be a host of dif- able to do it. have to make sure small businesses are ferent people; it could be a chiro- The last point I would make is—and able to help their employees in practor—and, do you know what, they I thank the Senator for all the time— wellness programs. We know from spent a lot of time with me, and they I think working together over the next other businesses and what they have gave me a program to follow to stay few months we can close the sale with done—some larger businesses but some healthy. And guess what. They check folks who have insurance. This is going smaller ones that have done good up on me and they find out: Are you following your program? Come in. You to be the key to getting health reform workplace wellness programs—it pays come in here in 6 months. I am giving passed. off immensely in savings but also in you this program to show you how to Mr. President, 150 million-plus people productivity. Of course, that is some- stay healthy. And they call me up after say: Not only do I want to make sure I thing the CBO does not look at—in- a month. Someone in the office called am not worse off, I want to be better creased productivity. They do not look me up, asking: Are you doing this? In 6 off. Well, we want to make sure they at that. months, I have to come back in to are going to be able to choose a pack- But I say to Senator WYDEN, he is ab- make sure I am doing it. age such as Senator HARKIN has been solutely right. What we have done, No one has ever done that before. But able to advance in the HELP Com- what we anticipate will be coming now in our bill, you see—in our bill—they mittee, where they get rewarded for from the Finance Committee, and in will be able to get reimbursed for that. prevention. We want to make sure they putting these together, we will have a They will be able to get reimbursed for can choose a package where they can whole new—what is that fancy word keeping someone healthy and not just get lower premiums. We want to make called Paradigm—a new paradigm in taking care of you when you are sick. sure everybody can keep what they health care in this country, where peo- I wish to thank my friend from Or- have, but if they do not like what they ple will have a lot of choices. They will egon. He has been a great leader in this have they can go somewhere else, be able to shop. They will not be like area for so many years. I look forward which is what we can do as Members of my friend Art in Storm Lake, IA, who to working with the Senator to get us Congress. only has one place to go with a $5,000 over that finish line sometime this So I think tonight’s program, par- deductible. year. ticularly focusing on prevention and Now we will be able to take a lot of I thank Senator DODD again for all the incentives you all have laid out— these small businesses and they will be his great leadership. I say to the Pre- and as Senator WHITEHOUSE has talked able to go on these exchanges and they siding Officer, the Senator from Rhode about, changing this insurance model, can be in a pool with a lot of other peo- Island—talking about the public op- which in many respects is inhumane to ple all over the country. We know a tion, to digress for 1 second away from reward all this cherry-picking and, in principle of insurance—I say to Sen- prevention—here is one of the reasons effect, sending the sick people over to ator WYDEN, he knows this very well— we need a public option: From 2003 to government programs more fragile one of the basic principles of insurance 2007, the combined profits of the five than they are—you all have done some is: The more people in the pool, the largest health insurance companies very good work, particularly in preven- cheaper it is for everybody. went up 170 percent. Their profits went tion and making sure the consumer So we set up the bigger pools with up 170 percent. The CEO compensation gets a fair shake with the insurance in- our small businesses, my farmers and for the top seven health insurance com- dustry. farm families to get into bigger pools, panies right now: $14.2 million a year. Working together, particularly by and not just these small pools that cost Well, that is why we need a public op- adding choices, we are going to be able, them so much money. But the idea be- tion out there, to kind of put some over the next few months, to show we hind it, of course, the one big para- brakes on that, to give some competi- can close the sale with those who have digm, is to start focusing on wellness tion out there so these health insur- insurance in this country and come and health promotion, keeping people ance companies know they have to be a

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20593 little bit more stringent on maybe was with him 20-some-odd years, who It took the poorest sector of our soci- what they pay their CEOs, and maybe had to go off and find a job that paid 30 ety out of poverty, the elderly. It also the profits will not be so high because percent less in income but because did something else. How many of us in they will have a public option out they had a health care plan. He left the our generation were able to do other there that will act as a check both on job he loved to take a 30-percent pay things and make investments in other their profits but also a check on the cut so his family could have health things because in 1965, this Congress, quality of care they provide. That is care. the men and women sitting in this why the public option is so vital and A young man whom we talked to Chamber—mostly men in those days— necessary. today, an employee, a Hispanic Amer- passed Medicare? All of a sudden, that Well, again, I say thank you to Sen- ican, in Hartford, CT, is raising a fam- financial burden children had to look ator DODD for having us here tonight, ily on his own and has a child with a at—the cost of pharmaceutical drugs and I thank him again for his great severe disability and his parents have their parents needed, going to the doc- leadership on this health care bill. Alzheimer’s and there is no coverage tor with their parents—all of a sudden, I say to my friend from Oregon, we under this guy’s plan, Kevin Galvin’s a lot of it got taken care of. It was a fi- are going to get it done. We are going plan, in his workplace. But they are nancial benefit to their children. to make this a wellness society, not a doing everything. Kevin does whatever I don’t know if there are any eco- sick society. he can to help that family out because nomic models that look around and Mr. DODD. Mr. President, I thank he loves that young man who has say: How much did that program not our colleague from Iowa, and I thank, worked with him. He cares about him. only benefit the elderly who got Medi- again, RON WYDEN for his contribu- But he cannot afford to do it forever. care, but how did it benefit their chil- tions. He cannot survive as a businessperson dren who were then able to make in- I wish to reintroduce a constituent of that way. vestments in their own children’s edu- mine, Kevin Galvin. I spent the morn- So we need to pay attention. Our bill cation and in that better home and ing with Kevin today. He is a true does. We talked about prevention. But that better neighborhood, buying that American hero, in many ways. He did one of the things I am most proud of in second car? How much did our economy not want to become an American hero. our bill is providing those credits to actually grow and improve because we Kevin employs, I think, 13 people. He small businesses so they can afford invested in Medicare? We always talk has a small business in Hartford, CT. coverage, giving them the option of about what it did for those who receive He started out in a hardware business going to those alternative plans out Medicare, but how about those who about 27 years ago and changed his there that may suit their needs the didn’t receive Medicare but had re- business model to meet the needs and best, which they do not have today, al- moved from them—or at least partially times of our country. He was never lowing them to come together, so they removed—the burden of those costs able to provide health insurance for his have an opportunity to drive down they would otherwise pay? people, and it bothered him deeply be- those costs when they bargain together How many people today, because of cause he did not have enough business, for the best cost for their employees, as the uncertainty about their health in- and health care coverage, even years the Senator from Rhode Island pointed surance, are not making the kinds of ago, was more expensive than he could out. investments in other things because afford. But I wished to point out Kevin they are trying to protect themselves Students sometimes ask: Can one Galvin. Today we met in his shop in against that crisis that could befall person make a difference? This per- Hartford, CT. The Secretary of Health them? We don’t talk about that. son—I suppose the legislative leaders and Human Services, Kathleen All I hear about is how expensive this in my State would acknowledge this as Sebelius, was there. The new Adminis- is. It is going to be expensive, but if we well—this one person, on his own, over trator for the Small Business Adminis- don’t do something about it, it will be 2 years, organized 19,000 small busi- tration, Karen Mills, was there. Con- a lot more expensive—expensive to our nesses in my small State to lobby my gresswoman ROSA DELAURO was there. economy, expensive to individuals, and State legislature about doing some- The speaker of the State house was expensive to our Nation. thing at long last to make a difference there. The president of the State sen- So when we talk about these issues, for small businesses on health care. ate was there. The head of the small it isn’t just those who benefit as a re- They achieved it about a week ago, in business community was there. They sult of having access; it also is the re- no small measure because one guy, who were there to say thank you to Kevin lief, it is the sense of comfort, that employs about 13 people, got fed up. Galvin for what he had done. sense of confidence that, Lord forbid, The average small business pays 18 If one person like that can make a something happens to me and my fam- percent more for health care than larg- difference, we ought to listen to them. ily, I am protected against cata- er businesses and gets a lot less cov- When the Kevin Galvins of this coun- strophic ruin—catastrophic ruin that erage than others do as well for the try—he is a small business guy with 13 can happen. I don’t think we talk very reason Senator HARKIN pointed employees, struggling every day. He about that enough here. One of the rea- out: pooling, the idea of being able to decided he was going to do something sons is because none of us here—none work together, get together. They can about it, and we ought to listen to him. of us here—have to worry for one single hardly lift up their heads. In a small He made a difference in my State. But second about that. None of us are going business, you are struggling every day if we listen to him, we can make a dif- to be economically ruined as Members to survive. ference with small businesspeople all of the U.S. Congress if a health care Seventy-five percent of our employ- across this country. If we will take the crisis befalls us. Not one of us. Yet the ers employ fewer than 25 people in our language we wrote in our bill that can millions of people we represent worry country. The majority of people in our make a difference with small busi- about it every single day. Nation get a job in a small business. ness—13 million people in this country That is at the heart of all of this, to Yet they work so hard every day trying who work for small business every day be able to establish a system in our to keep that business afloat, particu- don’t have health insurance. Of that 47 country which protects our Nation— larly in times such as these. million, 13 million—being able to make the greatest, the wealthiest Nation in It bothered Kevin Galvin so much, a difference in their lives, giving them the history of mankind—from the abso- that employees of his, in some cases, the kind of coverage, the accessibility lute and very predictable knowledge had to leave him. They did not want to and the affordability to health care, that you have either been sick, you are leave but had to because their spouse can make a huge difference. sick, or you are going to get sick. I lost their job, which is what they were One thing we don’t mention enough: guarantee you, if you are a human relying on for health insurance. He told This week is the 44th birthday of Medi- being living in this country, that is us about one fellow today, who I think care—this week. It is a great program. going to happen to you. To what extent

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20594 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 does that occasion, that event put you tion from the burden of financially car- $1,500 for couples; and $1,000 for individ- and your family in financial ruin? It ing for parents beyond their economic uals. That may not satisfy all of their happens to millions in this country. So means, in many cases. So it freed up health care costs, but it is a major that as much as anything else ought to their children to provide for that gen- break and an assistance to small busi- motivate us to get back here and do eration’s grandchildren. In so many nesses and guys such as Kevin Galvin the job. ways we have benefited from that. who would like to be able to buy that I see my colleague from Oregon is So while we talk about the recipients coverage for his employees out of loy- here, Senator MERKLEY of our com- of Medicare—and that is extremely alty to their family. mittee, who has done a great job as worthwhile—we all benefited from One thing about small business is it well. that. It was a great economic relief to becomes a family. Everybody knows Mr. MERKLEY. Mr. President, I an entire Nation, not just the recipi- everybody. You know about what their thank the Senator very much for his ents of Medicare’s assistance and sup- kids are doing. You know what is going presentation and leadership on health port. on in their homes. There is a far great- care. Mr. MERKLEY. Mr. President, if I er deal of flexibility in trying to meet The Senator was just talking about could carry on a second point related the needs because it is a family in so Medicare, and when our HELP Com- to the Senator’s comments, and that is many ways. So being able to jump in mittee was meeting, I heard a very in- simply as you address small business and help them provide, as Kevin has teresting statistic; that is, while Amer- and Kevin Galvin, your constituent, to tried to do with his own employees icans spend 17 to 18 percent of our GDP help organize small business, whereas over the years, we open up the insur- on health care—more than any other we did a tremendous job in regard to ance gateway to all small businesses to country on the planet—our health out- our seniors 65 and older, we haven’t give affordable insurance options to comes overall are significantly less done such a good job for our small busi- employers. than several dozen other nations in the nesses. This gives small businesses the same world. That is part of the puzzle we are I know that over the past many bargaining leverage as I mentioned addressing. But then I heard another years, small business owners have been earlier, protection from hiking up rates piece of the puzzle; that is, for Amer- coming to me and saying: JEFF, we just on small businesses, watering down ican citizens who are 65, their health can’t afford these double-digit in- coverage, or denying coverage alto- prospects are among the best in the creases we are getting every year in gether just because one worker gets world. The question was posed before health care premiums, and we are hav- really sick—and you heard cases of the committee: What is the difference? ing to shift some of the cost to our em- that. I think Senator HARKIN talked The difference is very simple, as the ployees. We are having to consider about that small business where one Senator from Connecticut has so de- shutting down our insurance program employee contracted a very serious ill- scribed, and that was the creation of completely. We as small businesses ness and the industry then jacked up the Medicare Program. All of our citi- can’t get the same good deal the large the premiums for everyone, thus mak- zens 65 and older have health care. If businesses are able to get. Can’t you do ing it impossible for other employees we can take it and make it a nation something about that? to get coverage. Our bill, as our col- where all of our citizens 65 and under I think with the bill the Senator league from Oregon, Senator MERKLEY, have health care, wouldn’t it make a from Connecticut has steered through mentioned, bans that case. tremendous difference? committee, he has done such great We exempt businesses from having to Mr. DODD. My colleague is abso- work in laying out a plan that will help pay any penalty if you employ 25 or lutely correct. This is the point. People our small businesses in several dif- fewer employees, and that is a great probably know, but the younger gen- ferent ways. asset. Again, 75 percent of all employ- eration may not realize it. Prior to First is to create a pool where they ers employ 25 or fewer in our country. 1965, the poorest population of our will have the negotiating power of hun- We don’t count seasonal workers. Our country were our elderly. It was a dreds of thousands of individuals rath- colleague Senator KAY HAGAN offered great tragedy—the generation that er than having to go as a small busi- that amendment in our committee to grew up and then contributed so much. ness of 5 or so or 25 employees to the exclude seasonal workers toward the The 20th century—of course, by 1965, health care market, because when you total size of a small business, which is those were the veterans of World War I. go by yourself with 5 or 10 or 25 em- important in small agricultural com- They were the people who had lived ployees, it is like leading a lamb to munities where seasonal workers be- through the Depression and held us to- slaughter. Now they will be able to go come absolutely critical. But if you gether as a nation time after time, and to the health care marketplace where start adding them all up, it would drive here they were reaching their retire- they will be able to be a part of a larg- that small business into a larger num- ment years, and, as we all know, when er pool and negotiate a much better ber category. I assume in Oregon that health care problems become pretty deal. could be a major problem, I know in routine. The second is, they will have so the agricultural sector of your State, A generation that came before us sit- many options when they get to that and it helps self-employed workers by ting in this very Chamber decided we health care marketplace, whereas now allowing them to purchase health in- could do better than that, and so craft- there may be only one company that surance through the gateways. ed Medicare. The leadership again will hear them out and give them a So a lot of businesses are single em- began with President Kennedy and cul- possible plan, and then they will have ployers. They employ themselves. That minated with the work of Lyndon many more to choose from. could be tremendously costly, and by Baines Johnson putting a package to- So I think those pieces are a tremen- pooling, it makes it possible for those gether with Hubert Humphrey and oth- dous improvement to what I think has people to drive down those costs. ers, putting together that Medicare been a long neglected part of the So a major part of our bill, as Sen- Program and taking a substantial por- health care puzzle. ator MERKLEY has pointed out, is fo- tion of our population and giving them Mr. DODD. Again, I thank my col- cused on small business—again, the the assurance and the confidence that league for mentioning that. He is abso- great engine of our economic success in as they grow older and face health care lutely correct. As I mentioned earlier, this country, and we pay a lot of atten- problems, the Nation would be there to the average small business pays a lot tion to their needs in this bill. back them up and to say thank you as more for insurance than larger busi- Mr. MERKLEY. There is just one last a gesture of gratitude for the contribu- nesses do, and they get far less cov- point I wish to make, but I am happy tion they made. erage than others do as well. That is to yield to my colleague. Also, there was a note of selfishness why we provide new credits in this bill: Mr. HARKIN. I thank my friend from in that it relieved that younger genera- $2,000 per employee, family coverage; Oregon.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20595 Mr. President, I can’t thank Senator driven up, in part because they are cov- If you show up in a hospital, just DODD enough for getting the informa- ering the costs of the emergency room walk in, and you have a problem, there tion out on what our bill does. A lot of treatment for those who don’t have in- is not a hospital in America that people don’t know that we have a very surance. In the last couple of years, we doesn’t take you into that emergency comprehensive bill. This one dealing have had more and more people with- room. They don’t throw you out on the with small businesses is so important. out insurance transferring more costs streets and say: I am sorry, you don’t Now, it is true we excepted busi- in the emergency room and, therefore, have any money, so you are going to nesses that employ fewer than 25, as we more costs to the insurer. Therefore, have to suffer. should. However, I just told the story more companies—particularly small Communities all across the country about my friend in Iowa who employs ones—are saying we cannot afford do this job every day. We need to un- 12 people, and they buy health insur- health insurance anymore. derstand that, of course, it is not free. ance but they only have one plan, and This is a downward cycle, a death That care costs. It is the most expen- this would give them more. cycle in insurance that we break with sive health care in the country that oc- I believe that with the bill we have this bill—helping out those who have curs in an emergency room. The cost of and setting up these exchanges and let- insurance by taking away the burden that, on average, is $1,100 per family in ting different insurance companies of paying for the emergency room for the United States. If that is not a tax, come on the exchange, and with a pub- those who don’t. I don’t know what is. You are not get- lic option there are a lot of small busi- A third factor is that other pieces are ting anything for it. You are helping to nesses out there that would like to driving up health care more than 10 pick up the cost of the people who cover their employees; they just simply percent a year of health care pre- don’t have coverage who are showing can’t afford it or the deductible is so miums. That means health care is up—usually in a critical state, because high that it is not even worth it. Now going to double every 7 years. That is they have waited until such a point I believe they will be able to take, with unsustainable in this country for those that it is catastrophic, and they our bill, after it is fully implemented— of us who are fortunate enough to have haven’t had any prevention, as Senator it takes about 3 years to phase in, if I insurance. HARKIN talked about earlier, and they am not mistaken—there will be a lot of Then, also, citizens have been recog- waited forever. small businesses out there that employ nizing that they would like to have Now it has come down to a crisis, and 10 or 15 people that now will be able to portability—to be able to take the in- they show up in the emergency room get an insurance policy for their people surance they have and, should they with the child at 1 or 2 in the morning. that will be a heck of a lot more rea- change jobs—as Americans do, on aver- It is not just filled with car accidents sonable than what they can get now, age, every 3 years—be able to have the and violence. People walk in every and they will be able to shop for that. same insurance plan, the same set of night because they have a child or a So even though we have exempted choices, the same doctors, the same spouse who needs care. They are reach- them, I think a lot of small businesses doctor for themselves and their spouse ing out in desperation, and that is ex- want to cover their employees. They and their children. That portability be- pensive health care. We are paying a live in the same community; they go to comes an inherent feature of the bill, tax of $1,100, and the average family the same church; they know one an- helping those who have insurance. pays that. other, and they want to buy some The list goes on. Those who currently Mr. WYDEN. If the chairman would health coverage for their employees. have insurance sometimes get it at a yield on that point, the reason I want- They can’t now, but I believe under the very poor deal. As the chairman point- ed to speak at this point is, in fact, bill we have through our committee, ed out, it is 18 percent more for an indi- today there is an entrepreneurship tax once we get it fully implemented, we vidual than a small business. Now they in America. What it means is, if you will have that public option out there, will be able to be part of a larger pool have a health care problem and you we will have the exchange with all of and get a much better deal. work in a small business and you have the insurance programs out there, and Finally, many of those who currently a good idea and you would like to go they will be able to now shop around have insurance don’t have existing con- out and set up your own small busi- and find one that can fit their needs. ditions covered. If they have a bad ness, you are not going to be able to do So we will have a lot more support for back or a heart condition or cancer or it because you have a preexisting ill- small businesses that way. diabetes, and they cannot have that ness. You are locked into your job. Mr. DODD. Absolutely. fundamental health care issue covered What your insurance reforms do in the Mr. HARKIN. I thank the Senator. by their insurance, then they don’t HELP legislation, and what I think a Mr. MERKLEY. I thank the Senator have any form of health care insurance lot of Senators want to do, is lift that very much. that matters for the issue they are entrepreneurship tax. The distinguished chair, Senator wrestling with. This is very appropriate that you DODD, mentioned earlier that this bill So in so many ways, the plan the talk about taxes because that is what is not just for the uninsured; this is for committee has put together profoundly this always comes down to. Your insur- the insured because we have a broken improves on our broken health care ance reforms specifically, as a result of health care system for the insured. My system for those who have insurance making sure that person who has a colleague from Oregon made this point, today in America. good idea—perhaps that gentleman’s that we need to close the deal for in- Mr. DODD. I thank my colleague. business the Senator just described— surance in this country. There is so much to talk about, and they are going to be able to do what I can tell you that folks with insur- there are so many pieces of this. I was makes America great, which is use ance have been telling us lots of stories listening to Secretary Sebelius today, their ingenuity and talent because about the challenges they face under and I am sure all of us have mentioned when they go to their next job, they our current broken status quo health this in our own States, and we hear are not going to face insurance dis- care system. The first is that right colleagues talk about this ‘‘tax’’ being crimination. now, their insurance is largely tied to imposed as a result of this bill. There is I appreciate the Senator bringing up their job, so if they should lose their no tax being imposed by this bill. How- the entrepreneurship tax. I am looking job, it is a huge calamity—not just be- ever, there is a tax that exists today, forward to working with the chairman cause they lost their job but also be- which is $1,100 for the average family, over the next few weeks. I think there cause they lost their insurance. It is a and that is the amount the average is additional work we can do on the ex- double whammy. This bill would family pays in health care premiums changes. The Senator from Oregon, Mr. change that for our families who cur- every year to cover the uncompensated MERKLEY, my colleague who is doing rently have insurance. care—that is, for those of the 47 mil- such a good job, talked about some of Second, our families who currently lion who show up in emergency rooms those options. I think we can get addi- have insurance, their costs are being for health care. We take care of them. tional people more bargaining power,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20596 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 and in effect build on the good work tor, it is connected to the hospital, and erything in this country is somebody done in the HELP Committee. you are the center of it, and all of it is in the family having a health care dis- Thanks for all the time tonight. You private and secure. That is a new and aster that wiped them out. That should have done a first-rate job on preven- better world for everybody, including not be. It happens over and over and tion. Again, I appreciate lifting that those who have insurance. over. It happens to the insured. That is entrepreneurship tax. That is why I Who has not had somebody they not the uninsured. If you are uninsured wanted to take a minute to point that know go into a hospital and come out and you have medical bills, you know out. with a hospital-acquired infection? It you will have problems, but it is the in- I look forward to working specifi- has happened over and over. I have had sured who are caught by surprise. They cally with my colleagues on the HELP a friend who went in for a simple knee have their homes, their stock port- Committee. Let’s expand those ex- surgery, arthroscopic surgery. He was a folios, perhaps, on the side; they have a changes because that makes the sys- big athlete in college, and he needed a nest egg, and maybe they help support tem work for us and Members of Con- simple surgery on his knee. He got a their children a little bit. And, boom, gress. hospital-acquired infection—a strong, comes the illness and suddenly they I checked the other day. My pool— big guy—and it nearly killed him. It have all these costs and these bills and put on the front page of our paper—is 1 took him out of work for weeks. Mer- it is piling up and they cannot keep up million people. That is a lot of folks to cifully, he recovered and everything is and they start to get behind. Before spread costs and risk among. Senator fine. It was touch and go for a while, you know it, they have lost it all, and HARKIN and I have talked about it. It is and the cost of all of that was tremen- they are in bankruptcy. not possible to replicate that exactly, dous from that hospital-acquired infec- Americans have that experience for a variety of reasons. We can get tion. He required weeks of medical every day and every one of us have close. We can get pretty close because care. Everybody has had that experi- heard from somebody in our State who we can build on the good work Sen- ence. About 100,000 people every year— is right there. So I think the point the ators have done in the HELP Com- Americans we represent—die every chairman has been making, and Sen- mittee, expand the exchanges, and give year because of hospital-acquired infec- ator MERKLEY made, about how impor- more people choices and more opportu- tions. tant it is for people who have insur- nities to lower their premiums and, in Senator HARKIN tells me that it is ance, in terms of improving their lives, my view, close the sale with the in- the fourth leading cause of death—hos- their quality, and their care and pros- sured people over the next few months. pital-acquired infections. They don’t pects is very poor. I applaud the Sen- I thank the Chairman for all the care if you are insured when it comes ator for having made that point. time. to hospital-acquired infections. The in- Mr. DODD. I thank my colleagues (Mr. MERKLEY assumed the chair.) sured will get one just as quickly as from Rhode Island, Iowa, Senators Mr. DODD. I thank my colleague the uninsured. The quality provisions WYDEN and MERKLEY, and Senator from Oregon, a great advocate. We ap- of this bill will prevent that and dimin- BROWN who spent a little time talking preciate his involvement this evening ish that. That number should be under about this. There is a lot more to talk with us. As a member of the Finance 5,000. It should be a rarity. Instead, it about, such as the quality issues that Committee, it will be critically impor- is a commonality. The system has to Senator MIKULSKI of Maryland spent a tant that we come together. change for that to happen. long time helping to develop, and Sen- Mr. WHITEHOUSE. I wanted to fol- If you have an illness, try to find a ator MURRAY from Washington on low up on Senator MERKLEY’s discus- prevention program. Ask anybody you workforce and the coverage questions sion of the different ways in which know where they can go to find some- that JEFF BINGAMAN worked on, as somebody who is watching this, and body who will support them in getting well. who is insured, can look forward to an appropriate, sensible, supported pre- We hope in the few days we have be- some benefit from all of this. A simple vention program for themselves. It is tween now and adjournment—and we one would be to think, in your own ex- rare to find. It is almost impossible. As know a good part of the time will be perience, how often you have gone into I said earlier, when I was talking about taken up with the Sotomayor nomina- your doctor’s office and maybe been re- the person who had a leg removed for tion—we will have a chance to talk fur- ferred to a specialist or you brought a $30,000 because there was nobody there ther about this bill and say to our col- family member in and you had to take to prevent them from letting that dis- leagues: We welcome your comments. a clipboard and fill out on paper for the ease get to that stage, there are big There are five committees of Congress umpteenth time your personal health savings there. It is a human con- charged with the responsibility of insurance, your billing information, sequence. You can have all the insur- health care. Four of the five have met your Social Security information, and ance in the world, but if it doesn’t have and completed their work. Our com- whatever it is they want. You have to a prevention option, you are not mittee, the HELP Committee, has fill it out over and over again. That is helped. completed its work. We know the Fi- the experience many people have with The last thing I will say is that so nance Committee is working to com- our health care system. many of us who feel comfortable right plete its work. I want to make clear Compare that to going online at— now with our insurance only feel that that the HELP Committee product will pick one—say, Amazon. You log into way because we have had the good luck be very much a part of this effort. We Amazon and they say: Welcome, SHEL- not to have the experience of having welcome the work of the Finance Com- DON WHITEHOUSE. Good to have you some loved one or ourselves get very mittee. But much of health care cov- back. Here are all the books you sick. People’s viewpoints change when erage is the shared purview and respon- bought in the last year or so. Based on they have had that experience. They sibility of the Health, Education, that, we think here are more books you find the limits of their policy. They see Labor, and Pensions Committee, under might like. Choose something you how fast the copays add up. They see the leadership of Senator KENNEDY of would like, and your billing informa- the fine print in what they thought was Massachusetts, as well as the Finance tion is here. a great policy when times were good Committee. Senator KENNEDY has Put those experiences side by side and they were healthy, with just a lit- championed for four decades this ef- and show where our bill can take the tle injury here and there, and every- fort. Regrettably, he cannot be with us American health care consumer, and thing was taken care of fine; but when because of his own struggles with ill- what that means for quality of care, they got really sick they found that ness. But he has helped frame this. It and not just for the convenience of not policy they thought they could count has been a bipartisan effort over the filling out the form, but when you are on wasn’t there for them. years. a pharmacy, it is connected to your Now the leading cause of families We are determined as we move for- laboratory, it is connected to your doc- going into bankruptcy and losing ev- ward in this debate that the product

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20597 my colleagues have worked on so dili- you delay going to the doctor when you the health care crisis. I want to read gently over these past number of should go, and you wait and you wait. and comment on a few of the state- months is going to be very much a part And 6 months after you first were feel- ments sent to my office. This is from a of our health care program. ing badly, you go crawling into the fellow in Swanton, VT, a small town in I express my gratitude to each mem- doctor’s office, and the doctor says: the northern part of Vermont: ber of the committee who helped Why weren’t you in here 6 months ago? My younger brother, a combat decorated produce this result that took so long. And the person says: Well, I felt awk- veteran of the Vietnam conflict, died three We have taken this time to explain to ward. I didn’t have any health insur- weeks after being diagnosed with colon can- our fellow citizens what we tried to in- ance. I was embarrassed. cer. He was laid off from his job and could corporate in our bill that will get us to The doctor says: I am getting you to not afford COBRA coverage. When he was in enough pain to see a doctor, it was too late. the point of increased accessibility, in- the hospital because you are really He left a wife and two teenage sons in the creased quality, and affordable prod- sick. prime of his life at 50 years old. The attend- ucts. That is what we are gaining. That So instead of treating people when ing doctor said that if he had only sought is the purpose we are driving at to get they are initially ill, what we end up treatment earlier, he would still be alive. those three goals met. doing for people who do not have access People talk about waiting lines in I think we achieved a good part of it to a doctor on a regular basis or do not Canada or in Great Britain. Let’s talk with this bill. More needs to be done, have any health insurance is we wait about over 18,000 Americans dying but, obviously, it is a great step in the until they become very ill and then we every year because either they do not right direction. send them to the hospital and spend have any health insurance or, if they I see another partner of ours in this tens of thousands of dollars, in some do, they cannot get access to a doctor. effort. He played a critical role with instances, when we could have treated When we talk about the health care community health care centers. I say them with much less suffering and at crisis in America, it is not just the to my colleague from Vermont, last much less cost. pain that millions of Americans are ex- week I was in New Britain, CT. I have There is another point that is not periencing, the fear, or the tens of mil- many community health centers in widely known, and that is, according to lions of people who stay at their job Connecticut. As a result of the stim- the Institute of Medicine, in this coun- today. Do you know why they are stay- ulus package, several of them received try today, we lose about 18,000 Ameri- ing at their job? Not because they par- some real help to expand because they cans every single year who die because ticularly want to stay at their job, but are overcrowded. Getting electronic they do not go to a doctor when they because they have good health insur- records is critically important. Their should go to the doctor. That is six ance and their wife has an illness that patients have greater needs, but they times the number of people who were needs to be covered. Talk about eco- have a medical home now. killed on 9/11 every single year. nomic nonsense, absurdity—millions of I have three volunteer clinics in Con- What Senator DODD is talking about people staying at work because they do necticut, one in Norwalk, CT, one in and what many of us have worked on is not want to give up their health insur- Danbury, CT, and one in Bridgeport, significantly expanding the federally ance. What President Obama says, be- CT, under AmeriCares. That program qualified health center program, start- cause of the economic crisis, we have only serves the uninsured. It is com- ed by Senator KENNEDY four decades to address health care, is absolutely pletely voluntary. ago, widely supported in a bipartisan right. In Norwalk, I have 60 physicians in manner. Some of our friends on the other side the area who volunteer their time to What studies tell us is, if, in fact, we say what they have always said: Let’s come in and serve the needs of the peo- can do what is in this legislation and do nothing. You want to do nothing? ple of the greater Norwalk area, not to provide a community health center Within 10 years, the amount of money mention retired doctors, nurse practi- with physicians, with dentists, with you are paying for health care today tioners, and others who help. low-cost prescription drugs, with men- will double. If you are a small business I say to my colleague, that he has tal health counseling, do you know person today in Vermont or around the been a tremendous voice—in fact, our what we would end up doing, amazingly country and having a hard time pro- bill increases by 400 percent the com- enough? We save money. We save viding health care to your workers or mitment to community health centers money. We invest over a 5-year period maybe your family, think about what across our country. We can expand about $8 billion, and we end up saving happens when the cost of health care community health centers and provide money because we keep people out of doubles. Think about large corpora- that medical home for so many people. the emergency rooms, we keep people tions that have to compete with Euro- They are a source of prevention, early out of hospitals, we keep people alive. pean, Scandinavian countries, and detection, providing for the needs of If that is not a good investment, I companies where health care becomes families—all of these things that occur don’t know what is. a right of all people and not something in these remarkable facilities called So the fight to make sure that every placed on the employer. community health centers. American has access to a doctor, to a In this year, amazingly enough, when The best champion, other than TED dentist, to low-cost prescription drugs we talk about health care and econom- KENNEDY, who helped author the idea is certainly, in my mind, one of the ics—and Senator WHITEHOUSE was al- to begin with, is our colleague BERNIE crowning achievements of the Health, luding to this a moment ago—there are SANDERS from Vermont. I thank him Education, Labor, and Pensions Com- 1 million people this year, it is esti- for that effort. mittee piece of health care reform. mated, who will go bankrupt because of Mr. SANDERS. Mr. President, I A month ago, I asked people on my e- medically related illnesses. Most of thank Senator DODD for his kind words mail list, which is not only Vermont, those people have health insurance—1 and extraordinary efforts over the last but all across the country, to write to million Americans. And our friends several months to lead the fight in me and tell me their relationship, how say: We can’t go forward; now is not health care reform. they are dealing with private health in- the time to go forward on health care Let me pick up on one issue Senator surance companies. Within a week, we reform. Tell that to 1 million American DODD raised. Most Americans do not had over 4,000 responses. The booklet is families who have suffered bankruptcy. understand this, but in the midst of a available on my Web site, sand- In my view, the evidence is over- disintegrated health care system, we ers.senate.gov. I urge people to take a whelming that our current system is have 60 million Americans who do not look at it. If you want to know what is extraordinarily wasteful and bureau- on a regular basis have access to a phy- wrong with health care in America, cratic; that in a very significant way, sician—60 million. What happens when this booklet will tell you. the function of our current health care those people get sick? If you are in People are writing from their hearts, system is not to provide quality health Vermont and you are kind of stubborn, from their own suffering, describing care to every man, woman, and child,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20598 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 but, in fact, to allow people within the mend my friend and colleague from ORDER OF PROCEDURE—H.R. 2997 industry—the private insurance compa- Vermont. He has been a remarkable ad- Mr. DODD. Mr. President, I ask unan- nies, the drug companies, the medical vocate, and this evening is yet one imous consent that on Tuesday, August device suppliers—to make as much more example of it. He speaks with 4, at 10:30 a.m., the Senate proceed to money as they possibly can. that passion I love to hear about these vote in relation to the following Amazingly enough, according to the issues and talks about real people and amendments in the order listed; that papers in the last few days, the health what they go through every day. prior to the second vote, there be 2 care industry has spent over $130 mil- I was thinking as he was talking, I minutes of debate equally divided and lion in the last quarter on lobbying. say to Senator SANDERS, there is a controlled in the usual form; and that There are 100 Members in the Senate wonderful small business guy in Con- the time for the second vote be limited and 435 Members of the House—to necticut named Penn Ritter. I have to 10 minutes: McCain amendment No. spend $130 million? known his family a long time. He got 1912 and McCain amendment No. 2030; Where do they get that money? They up and talked about his business and that no amendment be in order to ei- get that money, if they are a drug com- how difficult it has been to buy health ther amendment prior to the vote; and pany, by charging the American people care for his employees. He talked about that following the second vote, the the highest prices in the entire world. one particular case which is very mov- Senate then recess until 2:15 p.m. I was the first Member of Congress to ing. The PRESIDING OFFICER. Without take Americans over the Canadian bor- They were laying people off. The objection, it is so ordered. der a number of years ago where economy was down. They didn’t need f women with breast cancer who were people. One of the people they were COMMENDING NEVADA ASSOCIA- fighting for their lives were able to going to lay off had terminal cancer. TION FOR LATIN AMERICANS, pick up breast cancer medicine at one- He knew if he laid him off, he would INC. tenth the price. The drug companies have no access to the kind of health cannot lower prices in this country— care coverage he would need to go Mr. REID. Mr. President, I rise to they have to charge us the highest through the difficult period he was call the attention of the Senate to the prices in the world—but somehow they about to go through. But the verdict 40th anniversary of the Nevada Asso- do manage to come up with tens and was clear. This small business decided ciation for Latin Americans, Inc. tens of millions of dollars to try to buy this was not going to happen. So they NALA is a Las Vegas-based organiza- Members of the Congress. kept the man on, not because they tion that strives to provide low to mod- While more and more people are los- could afford to keep him on—because erate income families educational and ing their health insurance, we are see- they couldn’t afford it—but in good social services to enhance their quality ing many of these private insurance conscience they couldn’t do that. There of life. NALA aids the people in the Sil- companies seeing huge increases in are people like that in small businesses ver State with exceptional services in their profits. We are seeing the insur- all across our country, in every com- education, language immersion, health ance companies, the drug companies munity in which we reside, who make a prevention and immigration. paying, in some cases, tens of millions difference every day. There are wonder- NALA was established as a nonprofit of dollars in compensation packages to ful providers and hospitals and places organization in 1969. As a Hispanic so- their CEOs. that take in people and treat them cial-service organization, NALA ac- For anybody to suggest that this every single day. I would like to see us, quired a small daycare center in 1978. country does not need health care re- in this Congress, at least rise to the At the time it was serving mainly Afri- form is simply not to understand what level of our citizenry who do these can-American families, but now the is going on from one end of this coun- things every day—the Penn Ritters of center serves all low-income members try to the other. We are a great nation. America, the doctors who work at of the community. The Social Services There is no reason in the world why we Manchester Memorial Hospital in Con- that NALA offers include emergency should end up spending almost twice as necticut, those people who work at rental, utility assistance, food vouch- much per person on health care as any AmeriCare, those volunteer doctors ers, and food pantry assistance to indi- other nation and yet have inferior who show up every day. I could go viduals who qualify for assistance. Dur- health care outcomes in terms of in- down a long list, and every one of us ing these difficult economic times fant mortality, in terms of life expect- can talk about what happens in our where many families are in dire need, ancy, in terms of preventable deaths. communities by caring people who help we are grateful for NALA’s excellent We can do better. And right now, de- people maneuver and navigate in a dif- services and resources. spite all of the lobbying money coming ficult time during this health care cri- The association’s affordable pre- in from the health care industry, the sis. school/childcare program benefits more moral imperative is for Members of than 400 children annually. The pre- The least we should be able to do is Congress to think about the folks back school program includes an exceptional to figure out how to meet the chal- home, the people who have no health ESL program and meals for the chil- lenges they meet every single day, and insurance, the people who are under- dren. Many of these children become so my colleague from Vermont is as elo- insured, the people who are going well versed in English, that most be- quent as any other Member on this bankrupt, the people who are staying come teachers to their limited-English subject matter, and I thank him for his at their work, not because they want speaking parents. NALA offers HIV comments. to but because they have a decent prevention services and outreach to Mr. SANDERS. I thank my colleague health insurance program or the small those living with AIDS through coun- very much. business people who cannot invest in seling, health care, and job training. In their company because they are busy Mr. DODD. Mr. President, I yield the addition to their educational and spending all of their money on health floor, and I suggest the absence of a health outreach, NALA offers immigra- care. We can do better than that. We quorum. tion services through their targeted must do better than that. Now is the The PRESIDING OFFICER. The program that assists with application time. clerk will call the roll. processing, naturalization preparation I hope the American people work The legislative clerk proceeded to and employment referrals. with us in standing up to very powerful call the roll. I praise the Nevada Association for special interests and moving us toward Mr. DODD. Mr. President, I ask unan- Latin Americans, Inc. for their 40 years real health care reform. imous consent that the order for the of support to the low-income commu- I yield the floor. quorum call be rescinded. nity of Nevada. It is through the hard Mr. DODD. Mr. President, I want to The PRESIDING OFFICER. Without work of organizations like NALA that briefly, before he leaves the floor, com- objection, it is so ordered. low-income families across Nevada and

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20599 the United States will be able to over- killings will increase as the parties There being no objection, the mate- come the challenges of our current compete for political power. Therefore, rial was ordered to be printed in the economy. it is critical that the international RECORD, as follows: f community speak out now against [From the Bennington Banner, July 23, 2009] human rights violations and the impor- BURUNDI PEMBROKE WILL BE HONORED AUGUST 9 AS tance of maintaining the rule of law. ‘‘LIVING HISTORY’’ Mr. FEINGOLD. Mr. President, Bu- We need to press the Burundian gov- NORTH BENNINGTON.—Richard ‘‘Dick’’ Pem- rundi is a country that should receive ernment to ensure it is not partici- broke of Harrington Road will be this year’s much greater attention from this Con- pating in any abusive behavior and honoree for the fourth annual Living History gress and the Obama administration in help it to improve the independence Day to be held on Aug. 9 in front of Powers the months and year ahead. As many of and capacity of its judicial institu- Market. my colleagues will recall, Burundi was A different resident is chosen each year to tions. We also need to engage with and be recognized for their achievements and devastated by political violence help strengthen the Electoral Commis- contribution in shaping the local commu- throughout the 1990s, leaving over sion so it can guard against any manip- nity. The two-hour event offers others a 100,000 people dead. Yet with the medi- ulation actual or perceived of the elec- venue to share stories about the honoree and ation of the late Tanzanian President toral process. Finally, we need to con- enjoy time with neighbors and friends. In ad- Julius Nyerere and then South African tinue working with the United Nations dition to stories, there will be music, Kevin’s President Nelson Mandela, and the ac- Integrated Office in Burundi and the hot dogs and much more. The event takes tive engagement of President Clinton, new Partnership for Peace in Burundi place from noon to 2 p.m., is free and open to a peace agreement was finally signed all ages. to advance disarmament and demobili- Pembroke has lived a spiritually rich and in August 2000. Several armed groups zation, transitional justice, reconcili- diversified private and public life. He was the refused to accept the agreement, but ation and development efforts. Burun- eldest of four children, born and raised in they were brought into the fold over di’s peace process has come a long way, Vermont on the family farm in Montpelier. subsequent years. And in 2005, Burundi but the process is far from complete. He attended St. Michael’s College in held multiparty national and local The United States has a unique role Winooski and subsequently served in the elections, a major milestone on its to play in these efforts. Because of our Navy during the Korean War and afterward, transition to peace. role in helping to broker the Arusha from 1951 to 1955. He met and married his In 2010, Burundi is set to hold its next wife, MaryAnn, while stationed in Pensacola, peace accord, the United States has Fla. Upon returning to Vermont a short time round of elections. These elections significant good will in Burundi and is later, he was employed at the First National have the potential to be another mile- seen by many as a credible arbiter. In Grocery Store Corp. stone in Burundi’s path toward rec- the years since, we have continued to Pembroke managed several stores before onciliation, lasting stability and demo- work with regional stakeholders in opening one in Bennington in 1962. His love cratic institutions. Over the last 4 support of peace. In the months leading of horticulture and the outdoors was insatia- years, Burundi has made significant up to Burundi’s election, we need to in- ble. To fulfill this passion, he began a land- scaping business on the side, which gradually progress in that direction. However, crease that support and amplify our there are still persistent tensions with- grew. In 1973, he left the grocery business voice against abuses and political vio- and directed his full attention to Pembroke in Burundian society, which could be lence. I know President Obama’s nomi- Landscaping. strained during this electoral period. nee to be our next ambassador to Bu- Being the father of one daughter and three Despite all the progress that has been rundi, Ambassador Pamela Slutz, un- sons kept him busy and involved with loyal made, Burundi remains a fragile state derstands these challenges and I look education. Pembroke coached Little League and regularly appears on watch lists of forward to working with her. Working and helped to construct the local Little countries vulnerable to internal con- together, regional leaders and the League park. He was also a member of the Mount Anthony Union High School Booster flict. For example, the Brookings Insti- international community can help Bu- tution’s Weak States Index last year Club from 1973 to 1980 as well as other school rundians avert an electoral crisis and organizations. Pembroke joined the Lions listed Burundi as the fifth weakest keep the peace process on track. Club in 1957 and was involved with building state in the world, behind Iraq, the f the current Lions Field. He was a member of DRC, Afghanistan, and Somalia. More- the University of Vermont board from 1980 to over, according to the U.N. Human De- COMMENDING RICHARD ‘‘DICK’’ 1986, director for the American Red Cross velopment Index, Burundi continues to PEMBROKE and a member of the Knights of Columbus be one of the poorest countries in the Mr. LEAHY. Mr. President, I would since 1963. He served on the Bennington Zon- world. like to salute Richard ‘‘Dick’’ Pem- ing Board of Adjustment from 1975 to 1987 and was chairman for 11 years. I have been particularly concerned by broke, of North Bennington, VT, for his In 1986, he discovered another avenue of reports that both the Burundian gov- years of service and dedication to the public service that suited him quite well: He ernment and the armed opposition State of Vermont. was elected to the Vermont House of Rep- Forces for National Liberation—FNL— Dick has been chosen as this year’s resentatives, where he was chairman of the continue to resort to violence, intimi- honoree at the fourth annual Living House Transportation Committee for 12 of dation and repression. According to the History Day that will be held August 9, the 16 years he served. He championed the State Department’s ‘‘Country Reports 2009. Dick’s friends and family will pay construction of Route 279 in and around on Human Rights Practices,’’ members tribute to him in downtown Bennington and worked diligently on many infrastructure projects related to safety and of the army, the police, and the Na- Bennington, for his many achieve- economic development. tional Intelligence Service were re- ments and contributions to Bennington In 2006, he was voted chamber of commerce sponsible for killings, torture, and and to the State of Vermont. person of the year. ‘‘Retirement’’ is not a beatings of civilians and detainees in I have had the good fortune to have word in Pembroke’s vocabulary. He con- 2008, although there were fewer such known Dick for many years. Born and tinues to keep a foot in the door of Pem- reports than in the previous year. raised on a family farm in my home- broke Landscaping and currently sits on the Human Rights Watch has documented town of Montpelier, Dick and I also State Environmental board as well as trust- a number of abuses committed against share St. Michaels College in Vermont ee/director of the Southwestern Vermont Medical Center. democratic political opponents by as our alma mater. He is a good friend state agents and unofficial proxies in and I am delighted for him and the rec- f the first few months of 2009. Mean- ognition that he is being given. ADDITIONAL STATEMENTS while, the FNL reportedly continues to In honor of Dick Pembroke, I ask abduct civilians and use violence unanimous consent that a copy of the against local officials. Bennington Banner’s story, ‘‘Pembroke COMMENDING EDDIE LEE PEPPLE In the run-up to the 2010 elections, it will be honored August 9 as ‘Living ∑ Ms. CANTWELL. Mr. President, is quite possible that these abuses and History,’ ’’ be printed in the RECORD. today I honor Mr. Eddie Lee Pepple,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20600 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 varsity basketball coach at Mercer Is- In 1997 and 1999, the Washington H.R. 2728. An act to provide financial sup- land High School, in retiring after 52 Interscholastic Basketball Coaches As- port for the operation of the law library of years of faithful service to our Nation sociation also recognized Coach Pepple the Library of Congress, and for other pur- and our youth. His distinguished career as the AAA Coach of the Year. He has poses. H.R. 2749. An act to amend the Federal has culminated as varsity coach at been the chairman of this organization Food, Drug, and Cosmetic Act to improve Mercer Island High School where he for the past 26 years. In total, Coach the safety of food in the global market, and has taught basketball for 42 years, Pepple has been awarded 17 Coach of for other purposes. leading the team to win 4 Washington the Year awards and has been inaugu- H.R. 2913. An act to designate the United State AAA Championships, and inspir- rated into the Puget Sound Hall of States courthouse located at 301 Simonton ing thousands of young students. Fame, the Washington Interscholastic Street in Key West, Florida, as the ‘‘Sidney Coach Pepple was born in Denver, Activities Association Hall of Fame, M. Aronovitz United States Courthouse’’. CO. He graduated from the University H.R. 3269. An act to amend the Securities the Washington Interscholastic Bas- Exchange Act of 1934 to provide shareholders of Utah in 1955 with a bachelor of arts ketball Coaches Association Hall of degree, and went on to serve in the Ma- with an advisory vote on executive com- Fame, and most recently the National pensation and to prevent perverse incentives rine Corps from 1956–1957. He was the High School Athletic Coaches Associa- in the compensation practices of financial captain of the Quantico Marine Corps tion Hall of Fame in 2006. institutions. basketball team and Pendleton Marine Upon his retirement Coach Pepple H.R. 3326. An act making appropriations Corps basketball team, winning a Ma- will be inaugurated into the Everett for the Department of Defense for the fiscal rine Corps Championship with the Community College Hall of Fame, and year ending September 30, 2010, and for other purposes. Quantico Marines in 1956. He later honored by the establishment of the Ed earned his masters’ degree in 1965 at H.R. 3435. An act making supplemental ap- Pepple Coaches’ Service Award by the propriations for fiscal year 2009 for the Con- Oregon State University. Washington Interscholastic Basketball He began his coaching career in 1958 sumer Assistance to Recycle and Save Pro- Coaches Association, as recognition of as the varsity basketball coach at Fife gram. his service to the Washington State H.J. Res. 12. Joint resolution expressing High School in Washington State, basketball community. support for designation of September 2009 as where he led the team to a 4th place It is through the commitment and ‘‘Gospel Music Heritage Month’’ and hon- finish in the 1961 State Tournament. sacrifice of Americans such as Eddie oring gospel music for its valuable and long- After 6 years of dedicated service to standing contributions to the culture of the Lee Pepple that our young adults are Fife High School, Coach Pepple went United States. able to thrive and succeed. He has on to be the assistant coach at bettered our communities in Wash- The message also announced that the Meadowdale High School from 1964– ington State, and touched the lives of House has agreed to the following con- 1966, and then varsity coach at Mark countless students through his dedica- current resolution, in which it requests Morris High School in 1967. tion to coaching and teaching. I am the concurrence of the Senate: In 1968, Coach Ed Pepple began as H. Con. Res. 171. Concurrent resolution au- varsity coach at Mercer Island High proud to thank him, his wife Shirley, and children Terry, Jill, Jody, and thorizing the use of the Capitol Grounds for School, where he has led the team to 23 an event to honor military personnel who league championship tournaments, 4 Kyle for his honorable service to our have died in service to the United States and final placements as State AAA Cham- Nation as a coach. I congratulate to acknowledge the sacrifice of the families pions, and 13 second place finishes in Coach Pepple and give my best wishes of those individuals as part of the National the State championship tournament. as he concludes his distinguished ca- Weekend of Remembrance. His overall winning record during his reer.∑ The message further announced that tenure at Mercer Island High School is f it has passed the following joint resolu- 78.8 percent after winning 882 of the MESSAGES FROM THE PRESIDENT tion (S.J. Res. 19) granting the consent 1,119 games he has coached. and approval of Congress to amend- During these 52 years of devoted pub- Messages from the President of the ments made by the State of Maryland, lic service, Coach Pepple has been rec- United States were communicated to the Commonwealth of Virginia, and the ognized by numerous organizations as the Senate by Mr. Williams, one of his District of Columbia to the Washington an outstanding basketball coach and is secretaries. Metropolitan Area Transit Regulation nationally renowned for his inspira- f Compact, without amendment. tion, dedication, and success. In 1985, EXECUTIVE MESSAGES REFERRED The message also announced that after leading Mercer Island High pursuant to section 194 of title 14, As in executive session the Presiding School to his first State AAA cham- United States Code, Mr. OBERSTAR, Officer laid before the Senate messages pionship, Coach Pepple was awarded Chairman of the Committee on Trans- from the President of the United his first Coach of the Year Award by portation and Infrastructure, appoints States submitting sundry nominations both the Kingco Conference, and the the following Members of the House of which were referred to the appropriate Washington State Interscholastic Bas- Representatives to the United States ketball Association. He has since won committees. (The nominations received today are Coast Guard Academy Board of Visi- the Kingco Coach of the year award tors: Mr. MICHAEL H. MICHAUD of five more times, and the Washington printed at the end of the Senate pro- ceedings.) Maine, Ms. MAZIE K. HIRONO of Hawaii, State Interscholastic Basketball Asso- and Mr. JOHN L. MICA of Florida. f ciation award again in 1993. ENROLLED BILLS SIGNED In 1986, Coach Pepple was nationally MESSAGE FROM THE HOUSE The message further announced that celebrated when he received the Region the speaker has signed the following 7 Coach of the Year award from the Na- At 2:03 p.m., the House of Representa- enrolled bills: tional High School Athletic Coaches tives, delivered by Mrs. Cole, one of its Association, NHSACA. He received this reading clerks, announced that it has S. 1107. An act to amend title 28, United passed the following bills and joint res- States Code, to provide for a limited 6-month award once again in 1993 and 1998. In period for Federal judges to opt into the Ju- 1998 Coach Pepple was also recognized olution, in which it requests the con- currence of the Senate: dicial Survivors’ Annuities System and begin by the NHSACA as the National Coach contributing toward an annuity for their of the Year, one of the highest national H.R. 2510. An act to amend the Help Amer- spouse and dependent children upon their awards a distinguished coach can re- ica Vote Act of 2002 to reimburse States for death, and for other purposes. the costs incurred in establishing a program ceive. He has also served as the pres- H.R. 3357. An act to restore sums to the to track and confirm the receipt of voted ab- Highway Trust Fund and for other purposes. tigious West Head Coach of the McDon- sentee ballots in elections for Federal office ald’s All American Game, and served and make information on the receipt of such The enrolled bills were subsequently on the McDonalds’ All American Game ballots available by means of online access, signed by the President pro tempore Selection Committee for 17 years. and for other purposes. (Mr. BYRD).

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20601 MEASURES REFERRED tablishment of Suspension and Revocation ant to law, the report of a rule entitled National Center of Expertise’’ ((RIN1625– ‘‘Safety Zone; Atlantic Intracoastal Water- The following bills and joint resolu- ZA22) (Docket No. USG–2009–0314)) received way, Oak Island, North Carolina’’ ((RIN1625– tion were read the first and the second in the Office of the President of the Senate AA00) (Docket No. USG–2009–0565)) received times by unanimous consent, and re- on July 29, 2009; to the Committee on Com- in the Office of the President of the Senate ferred as indicated: merce, Science, and Transportation. on July 29, 2009; to the Committee on Com- H.R. 2510. An act to amend the Help Amer- EC–2569. A communication from the Attor- merce, Science, and Transportation. ica Vote Act of 2002 to reimburse States for ney Advisor, U.S. Coast Guard, Department EC–2577. A communication from the Attor- the costs incurred in establishing a program of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department to track and confirm the receipt of voted ab- ant to law, the report of a rule entitled ‘‘Spe- of Homeland Security, transmitting, pursu- sentee ballots in elections for Federal office cial Local Regulation for Marine Event; ant to law, the report of a rule entitled and make information on the receipt of such Temporary Change of Dates for Recurring ‘‘Safety Zone; Access Destinations Fire- ballots available by means of online access, Marine Event in the Fifth Coast Guard Dis- works Display, San Diego Bay, California’’ and for other purposes; to the Committee on trict’’ ((RIN1625–AA08) (Docket No. USG– ((RIN1625–AA00) (Docket No. USG–2009–0513)) Rules and Administration. 2009–0252)) received in the Office of the Presi- received in the Office of the President of the H.R. 2728. An act to provide financial sup- dent of the Senate on July 29, 2009; to the Senate on July 29, 2009; to the Committee on port for the operation of the law library of Committee on Commerce, Science, and Commerce, Science, and Transportation. the Library of Congress, and for other pur- Transportation. EC–2578. A communication from the Attor- poses; to the Committee on Rules and Ad- EC–2570. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department ministration. ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- H.R. 2749. An act to amend the Federal of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled Food, Drug, and Cosmetic Act to improve ant to law, the report of a rule entitled ‘‘Spe- ‘‘Safety Zone; Norfolk Tides Post–Game the safety of food in the global market, and cial Local Regulation, Maggie Fischer Me- Fireworks Displays, Elizabeth River, Nor- for other purposes; to the Committee on morial Great South Bay Cross Bay Swim, folk, Virginia’’ ((RIN1625–AA00) (Docket No. Health, Education, Labor, and Pensions. Great South Bay, New York’’ ((RIN1625– USG–2009–0274)) received in the Office of the H.R. 3269. An act to amend the Securities AA08) (Docket No. USG–2009–0302)) received President of the Senate on July 29, 2009; to Exchange Act of 1934 to provide shareholders in the Office of the President of the Senate the Committee on Commerce, Science, and with an advisory vote on executive com- on July 29, 2009; to the Committee on Com- Transportation. pensation and to prevent perverse incentives merce, Science, and Transportation. EC–2579. A communication from the Attor- in the compensation practices of financial EC–2571. A communication from the Attor- ney, U.S. Coast Guard, Department of Home- institutions; to the Committee on Banking, ney Advisor, U.S. Coast Guard, Department land Security, transmitting, pursuant to Housing, and Urban Affairs. of Homeland Security, transmitting, pursu- law, the report of a rule entitled ‘‘Safety H.R. 3326. An act making appropriations ant to law, the report of a rule entitled ‘‘Spe- Zone; Fireworks Displays within the Captain for the Department of Defense for the fiscal cial Local Regulation; Summer Marine of the Port Puget Sound Zone’’ ((RIN1625– year ending September 30, 2010, and for other Events, Coastal Massachusetts’’ ((RIN1625– AA00) (Docket No. USG–2009–0532)) received purposes; to the Committee on Appropria- AA08) (Docket No. USG–2009–0448)) received in the Office of the President of the Senate tions. in the Office of the President of the Senate on July 29, 2009; to the Committee on Com- H.J. Res. 12. Joint resolution expressing on July 29, 2009; to the Committee on Com- merce, Science, and Transportation. support for designation of September 2009 as merce, Science, and Transportation. EC–2580. A communication from the Attor- ‘‘Gospel Music Heritage Month’’ and hon- EC–2572. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department oring gospel music for its valuable and long- ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- standing contributions to the culture of the of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled United States; to the Committee on Health, ant to law, the report of a rule entitled ‘‘Safety Zone; Fireworks Display at the Education, Labor, and Pensions. ‘‘Drawbridge Operation Regulation; Craneway Building, Richmond, California’’ Manasquan River, New Jersey’’ ((RIN1625– ((RIN1625–AA00) (Docket No. USG–2009–0521)) f AA09) (Docket No. USG–2009–0233)) received received in the Office of the President of the MEASURES READ THE FIRST TIME in the Office of the President of the Senate Senate on July 29, 2009; to the Committee on on July 29, 2009; to the Committee on Com- Commerce, Science, and Transportation. The following bill was read the first merce, Science, and Transportation. EC–2581. A communication from the Attor- time: EC–2573. A communication from the Attor- ney Advisor, U.S. Coast Guard, Department H.R. 3435. An act making supplemental ap- ney Advisor, U.S. Coast Guard, Department of Homeland Security, transmitting, pursu- propriations for fiscal year 2009 for the Con- of Homeland Security, transmitting, pursu- ant to law, the report of a rule entitled sumer Assistance to Recycle and Save Pro- ant to law, the report of a rule entitled ‘‘Safety Zone; Kinnickinnic River Sediment gram. ‘‘Drawbridge Operation Regulation; Ernest Removal Project, Milwaukee, Wisconsin’’ Lyons (SR A1A), Stuart Florida, and Memo- ((RIN1625–AA00) (Docket No. USG–2009–0399)) f rial Clearwater Causeway (SR 60), Clear- received in the Office of the President of the ENROLLED BILL PRESENTED water Florida’’ ((RIN1625–AA09) (Docket No. Senate on July 29, 2009; to the Committee on USG–2007–0129)) received in the Office of the Commerce, Science, and Transportation. The Secretary of the Senate reported President of the Senate on July 29, 2009; to EC–2582. A communication from the Attor- that on today, August 3, 2009, she had the Committee on Commerce, Science, and ney Advisor, U.S. Coast Guard, Department presented to the President of the Transportation. of Homeland Security, transmitting, pursu- United States the following enrolled EC–2574. A communication from the Attor- ant to law, the report of a rule entitled ‘‘2009 bill: ney Advisor, U.S. Coast Guard, Department Rates for Pilotage on the Great Lakes’’ of Homeland Security, transmitting, pursu- ((RIN1625–AB29) (Docket No. USG–2008–1126)) S. 1107. An act to amend title 28, United ant to law, the report of a rule entitled received in the Office of the President of the States Code, to provide for a limited 6-month ‘‘Safety Zone; James River, Navy Live Fire Senate on July 29, 2009; to the Committee on period for Federal judges to opt into the Ju- and Explosive Training’’ ((RIN1625–AA00) Commerce, Science, and Transportation. dicial Survivors’ Annuities System and begin (Docket No. USG–2009–0568)) received in the EC–2583. A communication from the Attor- contributing toward an annuity for their Office of the President of the Senate on July ney Advisor, U.S. Coast Guard, Department spouse and dependent children upon their 29, 2009; to the Committee on Commerce, of Homeland Security, transmitting, pursu- death, and for other purposes. Science, and Transportation. ant to law, the report of a rule entitled f EC–2575. A communication from the Attor- ‘‘Consumer Price Index Adjustments of Oil ney Advisor, U.S. Coast Guard, Department Pollution Act of 1990 Limits of Liability— EXECUTIVE AND OTHER of Homeland Security, transmitting, pursu- Vessels and Deepwater Ports’’ ((RIN1625– COMMUNICATIONS ant to law, the report of a rule entitled AB25) (Docket No. USG–2008–0007)) received The following communications were ‘‘Safety Zone; Friends of Fireworks Celebra- in the Office of the President of the Senate laid before the Senate, together with tion, Lake Huron, St. Ignace, Michigan’’ on July 29, 2009; to the Committee on Com- ((RIN1625–AA00) (Docket No. USG–2009–0649)) merce, Science, and Transportation. accompanying papers, reports, and doc- received in the Office of the President of the EC–2584. A communication from the Chief uments, and were referred as indicated: Senate on July 29, 2009; to the Committee on of Staff, Media Bureau, Federal Communica- EC–2568. A communication from the Attor- Commerce, Science, and Transportation. tions Commission, transmitting, pursuant to ney Advisor, U.S. Coast Guard, Department EC–2576. A communication from the Attor- law, the report of a rule entitled ‘‘Television of Homeland Security, transmitting, pursu- ney Advisor, U.S. Coast Guard, Department Broadcasting Services; Amarillo, Texas’’ ant to law, the report of a rule entitled ‘‘Es- of Homeland Security, transmitting, pursu- ((DA 09–1533) (MB Docket No. 09–70)) received

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in the Office of the President of the Senate bership, and to welcome further NATO part- CRAPO, Mrs. HAGAN, Mr. ROBERTS, on July 30, 2009; to the Committee on Com- nership with the Republic of Serbia, and for Mr. INOUYE, Mrs. MURRAY, Mr. COCH- merce, Science, and Transportation. other purposes; to the Committee on Foreign RAN, Mr. CONRAD, Mrs. LINCOLN, Mr. EC–2585. A communication from the Dep- Relations. BURRIS, Mr. ROCKEFELLER, Mr. uty Assistant Administrator for Regulatory By Mr. BEGICH: BINGAMAN, Mr. CARDIN, Mr. REID, Mr. Programs, National Marine Fisheries Serv- S. 1560. A bill to amend the Outer Conti- THUNE, Mr. SCHUMER, Mr. CASEY, Mr. ice, Department of Commerce, transmitting, nental Shelf Lands Act to provide for the MERKLEY, Mr. LIEBERMAN, Mr. BOND, pursuant to law, the report of a rule entitled sharing of certain outer Continental Shelf Mr. BROWN, and Mr. CORKER): ‘‘Taking and Importing Marine Mammals; revenues from areas in the Alaska Adjacent S. Res. 235. A resolution designating Au- Taking Marine Mammals Incidental to the Zone; to the Committee on Energy and Nat- gust 16, 2009, as ‘‘National Airborne Day’’; Port of Anchorage Marine Terminal Redevel- ural Resources. considered and agreed to. opment Project, Anchorage, Alaska’’ By Mr. BEGICH: By Mr. CARDIN (for himself, Mr. (RIN0648–AX32) received in the Office of the S. 1561. A bill to ensure safe, secure, and re- VOINOVICH, Mr. HARKIN, and Mr. President of the Senate on July 29, 2009; to liable marine shipping in the Arctic, includ- BROWNBACK): the Committee on Commerce, Science, and ing the availability of aids to navigation, S. Res. 236. A resolution commemorating Transportation. vessel escorts, oil spill response capability, the 175th anniversary of the abolition of EC–2586. A communication from the Attor- and maritime search and rescue in the Arc- slavery in the British Empire on August 1, ney Advisor, U.S. Coast Guard, Department tic, and for other purposes; to the Committee 1834; considered and agreed to. of Homeland Security, transmitting, pursu- on Commerce, Science, and Transportation. f ant to law, the report of a rule entitled By Mr. BEGICH: ‘‘Quarterly Listings; District Eight Safety S. 1562. A bill to provide for a study and re- ADDITIONAL COSPONSORS Zones and Special Local Regulation’’ (Dock- port on research on the United States Arctic S. 252 et No. USG–2009–0677) received in the Office Ocean and for other purposes; to the Com- At the request of Mr. REID, the name of the President of the Senate on July 30, mittee on Commerce, Science, and Transpor- of the Senator from West Virginia (Mr. 2009; to the Committee on Commerce, tation. BYRD) was added as a cosponsor of S. Science, and Transportation. By Mr. BEGICH: 252, a bill to amend title 38, United f S. 1563. A bill to amend the State Depart- ment Basic Authorities Act of 1956 to estab- States Code, to enhance the capacity of EXECUTIVE REPORT OF lish a United States Ambassador at Large for the Department of Veterans Affairs to COMMITTEE Arctic Affairs; to the Committee on Foreign recruit and retain nurses and other Relations. critical health-care professionals, to The following executive report of a By Mr. BEGICH: improve the provision of health care to nomination was submitted: S. 1564. A bill to enhance the readiness of veterans, and for other purposes. By Mr. AKAKA for the Committee on Vet- the United States to deal with increased S. 301 erans’ Affairs. maritime and development activity in the At the request of Mr. GRASSLEY, the Raymond M. Jefferson, of Hawaii, to be As- Arctic as a result of climate change, and for sistant Secretary of Labor for Veterans’ Em- other purposes; to the Committee on Com- names of the Senator from New Mexico ployment and Training. merce, Science, and Transportation. (Mr. UDALL) and the Senator from Min- nesota (Mr. FRANKEN) were added as co- (Nominations without an asterisk By Mr. BEGICH: S. 1565. A bill to improve Arctic health; to sponsors of S. 301, a bill to amend title were reported with the recommenda- the Committee on Health, Education, Labor, XI of the Social Security Act to pro- tion that they be confirmed.) and Pensions. vide for transparency in the relation- f By Mr. BEGICH: ship between physicians and manufac- S. 1566. A bill to create the American Arc- turers of drugs, devices, biologicals, or INTRODUCTION OF BILLS AND tic Adaptation Grant Program to prevent or JOINT RESOLUTIONS mitigate effects of Arctic climate change medical supplies for which payment is and for other purposes; to the Committee on made under Medicare, Medicaid, or The following bills and joint resolu- SCHIP. tions were introduced, read the first Environment and Public Works. By Mr. BROWNBACK (for himself and S. 388 and second times by unanimous con- Mr. WHITEHOUSE): At the request of Mr. BENNET, his sent, and referred as indicated: S. 1567. A bill to provide for the issuance of name was added as a cosponsor of S. By Mrs. FEINSTEIN (for herself, Mr. a Multinational Species Conservation Funds 388, a bill to extend the termination KERRY, Mr. DODD, Mr. LEAHY, and Semipostal Stamp; to the Committee on date for the exemption of returning Ms. MIKULSKI): Homeland Security and Governmental Af- S. 1556. A bill to require the Secretary of fairs. workers from the numerical limita- Veterans Affairs to permit facilities of the By Mr. SPECTER (for himself and Mr. tions for temporary workers. Department of Veterans Affairs to be des- CASEY): S. 423 ignated as voter registration agencies, and S. 1568. A bill to assist in the establish- At the request of Mr. AKAKA, the for other purposes; to the Committee on Vet- ment of an interpretive center and museum name of the Senator from Delaware erans’ Affairs. in Bethlehem, Pennsylvania, to protect and (Mr. KAUFMAN) was added as a cospon- By Mr. BURR: interpret the history of the industrialization sor of S. 423, a bill to amend title 38, S. 1557. A bill to reinstate the Interim of the United States; to the Committee on Management Strategy governing off-road ve- Energy and Natural Resources. United States Code, to authorize ad- hicle use in the Cape Hatteras National Sea- By Ms. STABENOW: vance appropriations for certain med- shore, North Carolina, pending the issuance S. 1569. A bill to expand our Nation’s Ad- ical care accounts of the Department of of a final rule for off-road vehicle use by the vanced Practice Registered Nurse workforce; Veterans Affairs by providing two-fis- National Park Service; to the Committee on to the Committee on Finance. cal year budget authority, and for Energy and Natural Resources. f other purposes. By Mrs. LINCOLN (for herself, Mr. S. 455 RISCH, Ms. LANDRIEU, Mr. LEAHY, Mr. SUBMISSION OF CONCURRENT AND At the request of Mr. ROBERTS, the TESTER, and Mr. WYDEN): SENATE RESOLUTIONS name of the Senator from South Da- S. 1558. A bill to amend title 37, United The following concurrent resolutions States Code, to provide travel and transpor- kota (Mr. JOHNSON) was added as a co- tation allowances for members of the reserve and Senate resolutions were read, and sponsor of S. 455, a bill to require the components for long distance and certain referred (or acted upon), as indicated: Secretary of the Treasury to mint other travel to inactive duty training; to the By Mr. CONRAD (for himself, Mr. ENZI, coins in recognition of 5 United States Committee on Armed Services. and Mr. CARDIN): Army Five-Star Generals, George Mar- By Mr. KERRY (for himself and Mr. S. Res. 234. A resolution supporting the shall, Douglas MacArthur, Dwight Ei- LUGAR): goals and ideals of National Save for Retire- senhower, Henry ‘‘Hap’’ Arnold, and S. 1559. A bill to consolidate democracy ment Week 2009; considered and agreed to. and security in the Western Balkans by sup- By Ms. MURKOWSKI (for herself, Mr. Omar Bradley, alumni of the United porting the Governments and people of Bos- REED, Ms. SNOWE, Mr. INHOFE, Mr. States Army Command and General nia and Herzegovina and Montenegro in BYRD, Mr. VOINOVICH, Mr. BEGICH, Staff College, Fort Leavenworth, Kan- reaching their goal of eventual NATO mem- Mr. LEVIN, Mr. KERRY, Mr. BURR, Mr. sas, to coincide with the celebration of

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20603 the 132nd Anniversary of the founding under part B of the Medicare program, manent the special rule for contribu- of the United States Army Command and for other purposes. tions of qualified conservation con- and General Staff College. S. 686 tributions. S. 538 At the request of Mr. MENENDEZ, his S. 823 At the request of Mrs. LINCOLN, the name was added as a cosponsor of S. At the request of Ms. SNOWE, the name of the Senator from New York 686, a bill to establish the Social Work name of the Senator from Montana (Mr. SCHUMER) was added as a cospon- Reinvestment Commission to advise (Mr. TESTER) was added as a cosponsor sor of S. 538, a bill to increase the re- Congress and the Secretary of Health of S. 823, a bill to amend the Internal cruitment and retention of school and Human Services on policy issues Revenue Code of 1986 to allow a 5-year counselors, school social workers, and associated with the profession of social carryback of operating losses, and for school psychologists by low-income work, to authorize the Secretary to other purposes. local educational agencies. make grants to support recruitment S. 833 S. 581 for, and retention, research, and rein- At the request of Mr. SCHUMER, the At the request of Mr. BENNET, the vestment in, the profession, and for names of the Senator from Maryland name of the Senator from New Jersey other purposes. (Mr. CARDIN) and the Senator from (Mr. LAUTENBERG) was added as a co- S. 693 Massachusetts (Mr. KERRY) were added sponsor of S. 581, a bill to amend the At the request of Mr. HARKIN, the as cosponsors of S. 833, a bill to amend Richard B. Russell National School name of the Senator from Hawaii (Mr. title XIX of the Social Security Act to Lunch Act and the Child Nutrition Act INOUYE) was added as a cosponsor of S. permit States the option to provide of 1966 to require the exclusion of com- 693, a bill to amend the Public Health Medicaid coverage for low-income indi- bat pay from income for purposes of de- Service Act to provide grants for the viduals infected with HIV. termining eligibility for child nutri- training of graduate medical residents S. 846 tion programs and the special supple- in preventive medicine. At the request of Mr. DURBIN, the mental nutrition program for women, S. 772 name of the Senator from Minnesota infants, and children. At the request of Mr. BOND, the name (Mr. FRANKEN) was added as a cospon- S. 604 of the Senator from Colorado (Mr. sor of S. 846, a bill to award a congres- At the request of Mr. SANDERS, the UDALL) was added as a cosponsor of S. sional gold medal to Dr. Muhammad names of the Senator from Virginia 772, a bill to enhance benefits for sur- Yunus, in recognition of his contribu- (Mr. WEBB), the Senator from Iowa vivors of certain former members of tions to the fight against global pov- (Mr. GRASSLEY) and the Senator from the Armed Forces with a history of erty. Idaho (Mr. RISCH) were added as co- post-traumatic stress disorder or trau- S. 883 sponsors of S. 604, a bill to amend title matic brain injury, to enhance avail- At the request of Mr. KERRY, the 31, United States Code, to reform the ability and access to mental health name of the Senator from Texas (Mr. manner in which the Board of Gov- counseling for members of the Armed CORNYN) was added as a cosponsor of S. ernors of the Federal Reserve System Forces and veterans, and for other pur- 883, a bill to require the Secretary of is audited by the Comptroller General poses. the Treasury to mint coins in recogni- of the United States and the manner in S. 775 tion and celebration of the establish- which such audits are reported, and for At the request of Mr. VOINOVICH, the ment of the Medal of Honor in 1861, other purposes. name of the Senator from South Da- America’s highest award for valor in S. 607 kota (Mr. JOHNSON) was added as a co- action against an enemy force which At the request of Mr. UDALL of Colo- sponsor of S. 775, a bill to amend title can be bestowed upon an individual rado, the name of the Senator from 10, United States Code, to authorize serving in the Armed Services of the Vermont (Mr. SANDERS) was added as a the availability of appropriated funds United States, to honor the American cosponsor of S. 607, a bill to amend the for international partnership contact military men and women who have National Forest Ski Area Permit Act activities conducted by the National been recipients of the Medal of Honor, of 1986 to clarify the authority of the Guard, and for other purposes. and to promote awareness of what the Secretary of Agriculture regarding ad- S. 801 Medal of Honor represents and how or- ditional recreational uses of National At the request of Mr. AKAKA, the dinary Americans, through courage, Forest System land that are subject to name of the Senator from Texas (Mrs. sacrifice, selfless service and patriot- ski area permits, and for other pur- HUTCHISON) was added as a cosponsor of ism, can challenge fate and change the poses. S. 801, a bill to amend title 38, United course of history. S. 624 States Code, to waive charges for hu- S. 994 At the request of Mr. DURBIN, the manitarian care provided by the De- At the request of Ms. KLOBUCHAR, the name of the Senator from Maryland partment of Veterans Affairs to family names of the Senator from Hawaii (Mr. (Mr. CARDIN) was added as a cosponsor members accompanying veterans se- INOUYE) and the Senator from New of S. 624, a bill to provide 100,000,000 verely injured after September 11, 2001, York (Mr. SCHUMER) were added as co- people with first-time access to safe as they receive medical care from the sponsors of S. 994, a bill to amend the drinking water and sanitation on a sus- Department and to provide assistance Public Health Service Act to increase tainable basis by 2015 by improving the to family caregivers, and for other pur- awareness of the risks of breast cancer capacity of the United States Govern- poses. in young women and provide support ment to fully implement the Senator S. 809 for young women diagnosed with breast Paul Simon Water for the Poor Act of At the request of Mr. CASEY, the cancer. 2005. name of the Senator from Minnesota S. 1023 S. 671 (Mr. FRANKEN) was added as a cospon- At the request of Mr. WARNER, his At the request of Mrs. LINCOLN, the sor of S. 809, a bill to establish a pro- name was added as a cosponsor of S. names of the Senator from Alaska (Mr. gram to provide tuition assistance to 1023, a bill to establish a non-profit cor- BEGICH), the Senator from North Da- individuals who have lost their jobs as poration to communicate United kota (Mr. DORGAN) and the Senator a result of the economic downturn. States entry policies and otherwise from New Mexico (Mr. BINGAMAN) were S. 812 promote leisure, business, and schol- added as cosponsors of S. 671, a bill to At the request of Mr. BAUCUS, the arly travel to the United States. amend title XVIII of the Social Secu- name of the Senator from Vermont At the request of Mr. DORGAN, the rity Act to provide for the coverage of (Mr. SANDERS) was added as a cospon- name of the Senator from Virginia (Mr. marriage and family therapist services sor of S. 812, a bill to amend the Inter- WEBB) was added as a cosponsor of S. and mental health counselor services nal Revenue Code of 1986 to make per- 1023, supra.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20604 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 S. 1052 the middle grades are taught an aca- S. 1545 At the request of Mr. CONRAD, the demically rigorous curriculum with ef- At the request of Mrs. GILLIBRAND, names of the Senator from Montana fective supports so that students com- the name of the Senator from New (Mr. TESTER) and the Senator from plete the middle grades prepared for York (Mr. SCHUMER) was added as a co- Alaska (Mr. BEGICH) were added as co- success in high school and postsec- sponsor of S. 1545, a bill to expand the sponsors of S. 1052, a bill to amend the ondary endeavors, to improve State research and awareness activities of small, rural school achievement pro- and district policies and programs re- the National Institute of Arthritis and gram and the rural and low-income lating to the academic achievement of Musculoskeletal and Skin Diseases and school program under part B of title VI students in the middle grades, to de- the Centers for Disease Control and of the Elementary and Secondary Edu- velop and implement effective middle Prevention with respect to cation Act of 1965. grades models for struggling students, scleroderma, and for other purposes. S. 1065 and for other purposes. S. 1554 At the request of Mr. BROWNBACK, the S. 1382 At the request of Mr. HARKIN, the name of the Senator from Nevada (Mr. At the request of Mr. DODD, the name name of the Senator from Louisiana ENSIGN) was added as a cosponsor of S. of the Senator from New Mexico (Mr. (Ms. LANDRIEU) was added as a cospon- 1065, a bill to authorize State and local UDALL) was added as a cosponsor of S. sor of S. 1554, a bill to amend the Juve- governments to direct divestiture 1382, a bill to improve and expand the nile Justice and Delinquency Preven- from, and prevent investment in, com- Peace Corps for the 21st century, and tion Act of 1974 to prevent later delin- panies with investments of $20,000,000 for other purposes. quency and improve the health and or more in Iran’s energy sector, and for S. 1402 well-being of maltreated infants and other purposes. At the request of Mr. MERKLEY, the toddlers through the development of S. 1155 name of the Senator from Georgia (Mr. local Court Teams for Maltreated In- At the request of Ms. COLLINS, the ISAKSON) was added as a cosponsor of S. fants and Toddlers and the creation of name of the Senator from Iowa (Mr. 1402, a bill to amend the Internal Rev- a National Court Teams Resource Cen- ter to assist such Court Teams, and for HARKIN) was added as a cosponsor of S. enue Code of 1986 to increase the 1155, a bill to amend title 38, United amount allowed as a deduction for other purposes. States Code, to establish the position start-up expenditures. S. CON. RES. 36 of Director of Physician Assistant S. 1422 At the request of Mrs. LINCOLN, the Services within the office of the Under At the request of Mrs. MURRAY, the names of the Senator from Connecticut Secretary of Veterans Affairs for names of the Senator from Alaska (Mr. (Mr. LIEBERMAN) and the Senator from health. BEGICH) and the Senator from North Alabama (Mr. SESSIONS) were added as cosponsors of S. Con. Res. 36, a concur- S. 1160 Carolina (Mr. BURR) were added as co- sponsors of S. 1422, a bill to amend the rent resolution supporting the goals At the request of Mr. SCHUMER, the and ideals of ‘‘National Purple Heart name of the Senator from New York Family and Medical Leave Act of 1993 to clarify the eligibility requirements Recognition Day.’’ (Mrs. GILLIBRAND) was added as a co- S. CON. RES. 37 sponsor of S. 1160, a bill to provide with respect to airline flight crews. At the request of Mr. JOHANNS, the housing assistance for very low-income S. 1452 names of the Senator from Indiana veterans. At the request of Mr. SCHUMER, the name of the Senator from Illinois (Mr. (Mr. BAYH), the Senator from Okla- S. 1273 BURRIS) was added as a cosponsor of S. homa (Mr. INHOFE) and the Senator At the request of Mr. DORGAN, the 1452, a bill to amend title 38, United from Alaska (Mr. BEGICH) were added names of the Senator from Vermont States Code, to clarify the meaning of as cosponsors of S. Con. Res. 37, a con- (Mr. SANDERS) and the Senator from ‘‘combat with the enemy’’ for purposes current resolution supporting the goals New Jersey (Mr. LAUTENBERG) were of service-connection of disabilities. and ideals of senior caregiving and af- added as cosponsors of S. 1273, a bill to S. 1518 fordability. amend the Public health Service Act to At the request of Mr. BURR, the name S. RES. 210 provide for the establishment of per- of the Senator from Iowa (Mr. GRASS- At the request of Mrs. LINCOLN, the manent national surveillance systems LEY) was added as a cosponsor of S. names of the Senator from New York for multiple sclerosis, Parkinson’s dis- 1518, a bill to amend title 38, United (Mr. SCHUMER) and the Senator from ease, and other neurological diseases States Code, to furnish hospital care, Virginia (Mr. WARNER) were added as and disorders. medical services, and nursing home cosponsors of S. Res. 210, a resolution S. 1295 care to veterans who were stationed at designating the week beginning on No- At the request of Mrs. SHAHEEN, the Camp Lejeune, North Carolina, while vember 9, 2009, as National School Psy- name of the Senator from Virginia (Mr. the water was contaminated at Camp chology Week. WARNER) was added as a cosponsor of S. Lejeune. S. RES. 233 1295, a bill to amend title XVIII of the S. 1542 At the request of Mr. BROWNBACK, the Social Security Act to cover transi- At the request of Mr. SCHUMER, the name of the Senator from Kansas (Mr. tional care services to improve the names of the Senator from Maine (Ms. ROBERTS) was added as a cosponsor of quality and cost effectiveness of care SNOWE), the Senator from New York S. Res. 233, a resolution commending under the Medicare program. (Mrs. GILLIBRAND) and the Senator Russ Meyer on his induction into the S. 1320 from South Dakota (Mr. JOHNSON) were National Aviation Hall of Fame. At the request of Mr. TESTER, the added as cosponsors of S. 1542, a bill to AMENDMENT NO. 2225 name of the Senator from Alaska (Mr. impose tariff-rate quotas on certain ca- At the request of Mrs. MURRAY, the BEGICH) was added as a cosponsor of S. sein and milk protein concentrates. name of the Senator from Washington 1320, a bill to provide assistance to S. 1543 (Ms. CANTWELL) was added as a cospon- owners of manufactured homes con- At the request of Mr. DODD, the name sor of amendment No. 2225 proposed to structed before January 1, 1976, to pur- of the Senator from Georgia (Mr. H.R. 2997, a bill making appropriations chase Energy Star-qualified manufac- CHAMBLISS) was added as a cosponsor of for Agriculture, Rural Development, tured homes. S. 1543, a bill to amend the Family and Food and Drug Administration, and S. 1362 Medical Leave Act of 1993 and title 5, Related Agencies programs for the fis- At the request of Mr. REED, the name United States Code, to provide leave cal year ending September 30, 2010, and of the Senator from Minnesota (Mr. for family members of members of reg- for other purposes. FRANKEN) was added as a cosponsor of ular components of the Armed Forces, AMENDMENT NO. 2229 S. 1362, a bill to provide grants to and leave to care for covered veterans, At the request of Mr. BROWNBACK, the States to ensure that all students in and for other purposes. name of the Senator from Ohio (Mr.

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BROWN) was added as a cosponsor of Even more disturbing, in certain partisan groups, access to VA facilities amendment No. 2229 proposed to H.R. cases, the VA has been hostile to calls for voter registration as long as they 2997, a bill making appropriations for for it to facilitate voter registration coordinate with the facility. This is a Agriculture, Rural Development, Food and voting. significant improvement, no doubt. and Drug Administration, and Related More than 2 years ago, I learned that I believe, however, that Federal law Agencies programs for the fiscal year a Department of Veterans Affairs facil- is still necessary to ensure that these ending September 30, 2010, and for ity in California had been opposing voluntary policies are never rolled other purposes. voter registration services since 2004. I back, and that enforcement mecha- AMENDMENT NO. 2236 began inquiring and received con- nisms are in place. At the request of Ms. SNOWE, the flicting answers, but what was clear This is why we are introducing the name of the Senator from Maine (Ms. was that there was no cooperation or Veteran Voting Support Act of 2009. COLLINS) was added as a cosponsor of work to help veterans that used the fa- The bill would require the VA to pro- amendment No. 2236 intended to be pro- cility to vote. vide voter registration forms whenever posed to H.R. 2997, a bill making appro- In Connecticut, Secretary of State veterans enroll in the VA health care priations for Agriculture, Rural Devel- Susan Bysiewicz defied the VA’s direc- system, or change their status or ad- opment, Food and Drug Administra- tive and tried to gain entry to a West dress in that system. tion, and Related Agencies programs Haven VA facility. It would say that VA facilities must for the fiscal year ending September 30, She intended to provide nonpartisan assist veterans who have trouble with 2010, and for other purposes. voter registration services, as well as their voter registration forms in the f to show veterans how to use the new same way that they help veterans fill disabled-access voting systems. out other forms, and it would say that STATEMENTS ON INTRODUCED Guess what. She was turned away at veterans must be able to access and re- BILLS AND JOINT RESOLUTIONS the door. ceive assistance with absentee ballots By Mrs. FEINSTEIN (for herself, As she was standing outside the door, at VA facilities. Mr. KERRY, Mr. DODD, Mr. she met a 91-year-old gentleman, a vet- It would allow nonpartisan groups LEAHY, and Ms. MIKULSKI): eran of World War II. Secretary and election officials to provide non- S. 1556. A bill to require the Sec- Bysiewicz asked him if he would like to partisan voter information and reg- retary of Veterans Affairs to permit fa- be registered to vote, and he said that istration services to veterans. cilities of the Department of Veterans he would. And it would allow Attorney General Affairs to be designated as voter reg- After registering, he made the com- enforcement through civil suits and in- istration agencies, and for other pur- ment that ‘‘I wanted to do this last junctions and require an annual report poses; to the Committee on Veterans’ year—but there was no-one there to to Congress from the Department of Affairs. help me.’’ That is wholly unacceptable. Veterans Affairs on progress related to Mrs. FEINSTEIN. Mr. President, I Last year, throughout the year, Sen- this legislation. rise to introduce the Veteran Voting ator KERRY and I exchanged multiple It is a cornerstone of our democracy Support Act of 2009 with Senator letters with the VA on this issue. We that every eligible citizen should be KERRY, and our cosponsors: Senators were told that VA officials believed registered and able to cast their vote. DODD and LEAHY. providing voting support or allowing This bill recognizes that nonpartisan This is a straightforward bill that groups to do so would violate the and civil rights groups have long shows our veterans the respect that Hatch Act. played a critical role in helping people they deserve. Veterans have supported The Hatch Act, however, prohibits with the voter registration process. and served our Nation—many at great partisan political activities from being I believe it is time that we ensure risk and sacrifice. It is unacceptable conducted by Federal employees, on of- that the Department of Veterans Af- for us to allow barriers to exist that ficial time. It has not been interpreted fairs will provide veterans with the make it more difficult for them to ex- to include nonpartisan voter registra- support they deserve to register, cast ercise their right to vote. tion by the Office of Special Counsel, their vote, and have that vote counted. The bill that Senator KERRY and I I hope my colleagues will join me in are introducing today would require which interprets the Hatch Act. Fur- thermore, the veterans served by VA supporting the Veteran Voting Support the Department of Veterans Affairs to Act of 2009. take steps to assist veterans with voter facilities are generally not Federal em- ployees. Mr. President, I ask unanimous con- registration and to make it easier for sent that the text of the bill be printed them to obtain ballots and cast their The VA then argued that nonpartisan voter registration services would cause in the RECORD. votes. There being no objection, the text of The most recent Census data we ‘‘disruptions to facility operations.’’ the bill was ordered to be printed in have—from a 2005 report—indicates That claim is even more dubious. Un- the RECORD, as follows: that more than 20 percent of our vet- less ‘‘Rock the Vote’’ comes to VA fa- erans are not registered to vote. That cilities, voter registration drives are S. 1556 means that almost 5 million veterans about as tame an activity as you can Be it enacted by the Senate and House of Rep- do not have an opportunity to cast get. resentatives of the United States of America in Congress assembled, their ballots. The law allows the Federal Govern- Yet, we have massive VA programs in ment to choose to assist people with SECTION 1. SHORT TITLE. voter registration if the State requests This Act may be cited as the ‘‘Veteran place that provide veterans with heal- Voting Support Act of 2009’’. ing and medical care, and ensure that that a federal agency be designated as a registration facility under the Na- SEC. 2. FINDINGS. they thrive on their return from mili- Congress makes the following findings: tary service. tional Voter Registration Act and the (1) Veterans have performed a great service In total, there are 1,261 total VA fa- agency accepts. Several States, includ- to, and risked the greatest sacrifice in the cilities. The Veterans Health Adminis- ing my home State of California, under name of, our country, and should be sup- tration operates 155 medical centers, the leadership of Secretary Bowen, ported by the people and the Government of 135 nursing homes, 717 ambulatory care asked the VA designate facilities with- the United States. and clinic facilities; 45 residential re- in their States under the National (2) Veterans are especially qualified to un- habilitation treatment programs, and Voter Registration Act. But they were derstand issues of war, foreign policy, and refused. government support for veterans, and they 209 vet centers. should have the opportunity to voice that In those facilities there are as many Finally, after much negotiation, the understanding through voting. as 5 million veterans who are not reg- VA settled on a new and substantially (3) The Department of Veterans Affairs istered to vote. That strikes me as a improved policy that allows state and should assist veterans to register to vote and critical need unmet. local election officials, as well as non- to vote.

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20606 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 SEC. 3. VOTER REGISTRATION AND ASSISTANCE. involved or to the Secretary. The Director or submit to Congress an annual report on how (a) IN GENERAL.—The Secretary of Vet- the Secretary shall respond to a written no- the Secretary has complied with the require- erans Affairs (in this section referred to as tice provided under the preceding sentence ments of this Act. Such report shall include the ‘‘Secretary’’) shall provide a mail voter within 20 days of receipt of such written no- the following information with respect to registration application form to each vet- tice. the preceding year: eran— (B) NOTICE TO THE ATTORNEY GENERAL AND (1) The number of veterans who were (1) who seeks to enroll in the Department THE ELECTION ASSISTANCE COMMISSION.—If the served by facilities of the Department of of Veterans Affairs health care system (in- violation is not corrected within 90 days Veterans Affairs health care system. cluding enrollment in a medical center, a after receipt of a notice under subparagraph (2) The number of such veterans who re- community living center, a community- (A), the aggrieved person may provide writ- quested information on or assistance with based outpatient center, or a domiciliary of ten notice of the violation to the Attorney voter registration. the Department of Veterans Affairs health General and the Election Assistance Com- (3) The number of such veterans who re- care system), at the time of such enrollment; mission. ceived information on or assistance with and (2) ATTORNEY GENERAL.—The Attorney voter registration. (2) who is enrolled in such health care sys- General may bring a civil action in an appro- (4) Information with respect to written no- tem— priate district court for such declaratory or tices submitted under section 3(f), including (A) at any time when there is a change in injunctive relief as is necessary to carry out information with respect to the resolution of the enrollment status of the veteran; and this section or section 4. the violations alleged in such written no- (B) at any time when there is a change in SEC. 4. ASSISTANCE WITH ABSENTEE BALLOTS. tices. the address of the veteran. (a) IN GENERAL.—Consistent with State SEC. 8. RULES OF CONSTRUCTION. (b) PROVIDING VOTER REGISTRATION INFOR- and local laws, each director of a community (a) NO INDIVIDUAL BENEFIT.—Nothing in MATION AND ASSISTANCE.—The Secretary living center, a domiciliary, or a medical this Act may be construed to convey a ben- shall provide to each veteran described in center of the Department of Veterans Affairs efit to an individual veteran. subsection (a) the same degree of informa- health care system shall provide assistance (b) NO EFFECT ON OTHER LAWS.—Nothing in tion and assistance with voter registration in voting by absentee ballot to veterans re- this Act may be construed to authorize or re- as is provided by the Veterans Administra- siding in the community living center or quire conduct prohibited under any of the tion with regard to the completion of its own domiciliary or who are inpatients of the following laws, or to supersede, restrict, or forms, unless the applicant refuses such as- medical center, as the case may be. limit the application of such laws: sistance. (b) ASSISTANCE PROVIDED.—The assistance (1) The Voting Rights Act of 1965 (42 U.S.C. (c) TRANSMITTAL OF VOTER REGISTRATION provided under subsection (a) shall include— 1973 et seq.). APPLICATION FORMS.— (1) providing information relating to the (2) The Voting Accessibility for the Elderly (1) IN GENERAL.—The Secretary shall ac- opportunity to request an absentee ballot; and Handicapped Act (42 U.S.C. 1973ee et cept completed voter registration applica- (2) making available absentee ballot appli- seq.). tion forms for transmittal to the appropriate cations upon request, as well as assisting in (3) The Uniformed and Overseas Citizens State election official. completing such applications and ballots; Absentee Voting Act (42 U.S.C. 1973ff et seq.). (2) TRANSMITTAL DEADLINE.— and (4) The National Voter Registration Act of (A) IN GENERAL.—Subject to subparagraph (3) working with local election administra- 1993 (42 U.S.C. 1973gg et seq.). (B), a completed voter registration applica- tion officials to ensure proper transmission (5) The Americans with Disabilities Act of tion form accepted at a medical center, com- of absentee ballot applications and absentee 1990 (42 U.S.C. 12101 et seq.). munity living center, community-based out- ballots. (6) The Rehabilitation Act of 1973 (29 U.S.C. patient center, or domiciliary of the Depart- SEC. 5. INFORMATION PROVIDED BY NON- 701 et seq.). ment of Veterans Affairs shall be trans- PARTISAN ORGANIZATIONS. mitted to the appropriate State election offi- The Secretary of Veterans Affairs shall By Mr. BEGICH: cial not later than 10 days after the date of permit nonpartisan organizations to provide S. 1560. A bill to amend the Outer acceptance. voter registration information and assist- Continental Shelf Lands Act to provide ance at facilities of the Department of Vet- (B) EXCEPTION.—If a completed voter reg- for the sharing of certain outer Conti- erans Affairs health care system, subject to istration application form is accepted within reasonable time, place, and manner restric- nental Shelf revenues from areas in the 5 days before the last day for registration to tions, including limiting activities to reg- Alaska Adjacent Zone; to the Com- vote in an election, the application shall be ular business hours and requiring advance mittee on Energy and Natural Re- transmitted to the appropriate State elec- notice. tion official not later than 5 days after the sources. SEC. 6. ASSISTANCE PROVIDED BY ELECTION OF- Mr. BEGICH. Mr. President, I rise date of acceptance. FICIALS AT DEPARTMENT OF VET- (d) REQUIREMENTS OF VOTER REGISTRATION today for the first time on this floor to ERANS AFFAIRS FACILITIES. mark the 50th anniversary of Alaska’s INFORMATION AND ASSISTANCE.—The Sec- (a) DISTRIBUTION OF INFORMATION.— retary shall ensure that the information and (1) IN GENERAL.—Subject to reasonable statehood and to draw the attention of assistance with voter registration that is time, place, and manner restrictions, the my colleagues to an urgent issue that provided under subsection (b) will not— Secretary of Veterans Affairs shall not pro- affects not only my State but all of our (1) seek to influence an applicant’s polit- hibit any election administration official, States—the issue of global climate ical preference or party registration; whether State or local, party-affiliated or change. (2) display any such political preference or non-party affiliated, or elected or appointed, This year, thanks to actions taken in party allegiance; from providing voting information to vet- (3) make any statement to an applicant or this very Chamber, Alaska is cele- erans at any facility of the Department of brating its golden anniversary of state- take any action the purpose or effect of Veterans Affairs. hood. Acquiring the rights and respon- which is to discourage the applicant from (2) VOTING INFORMATION.—In this sub- registering to vote; or section, the term ‘‘voting information’’ sibilities of full citizenship was the cul- (4) make any statement to an applicant or means nonpartisan information intended for mination of a dream for citizens of the take any action the purpose or effect of the public about voting, including informa- 49th State. Statehood granted us the which is to lead the applicant to believe that tion about voter registration, voting sys- ability to exercise control over our a decision to register or not register has any tems, absentee balloting, polling locations, vast natural resources and gave us a bearing on the availability of services or and other important resources for voters. full voice in our national government. benefits. (b) VOTER REGISTRATION SERVICES.—The (e) LIMITATION ON USE OF INFORMATION.—No Secretary of Veterans Affairs shall provide In the half century since, Alaska has information relating to registering to vote, reasonable access to facilities of the Depart- grown from the Nation’s largest sup- or a declination to register to vote, under ment of Veterans Affairs health care system plier of salmon to become the Nation’s this section may be used for any purpose to State and local election officials for the storehouse of both seafood and energy. other than voter registration. purpose of providing nonpartisan voter reg- Because of its strategic location near (f) ENFORCEMENT.— istration services to individuals, subject to the top of the globe, Alaska plays a (1) NOTICE.— reasonable time, place, and manner restric- critical role in our Nation’s defense. (A) NOTICE TO THE FACILITY DIRECTOR OR tions, including limiting activities to reg- During the Cold War, the superpowers THE SECRETARY.—A person who is aggrieved ular business hours and requiring advance by a violation of this section or section 4 notice. stared down each other across the fro- may provide written notice of the violation SEC. 7. ANNUAL REPORT ON COMPLIANCE. zen polar ice cap. Thanks to a thaw in to the Director of the facility of the Depart- The Secretary of Veterans Affairs (in this the geopolitical climate, the ‘‘ice cur- ment of Veterans Affairs health care system section referred to as the ‘‘Secretary’’) shall tain’’ separating Alaska and Russia

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20607 melted some 20 years ago. Today, it is Warming water temperatures are fect, it highlights many areas that a change in the climate itself that pushing cold water species north and need further focus. present serious new challenges—and attracting warm water species from Here in the Congress, climate change great opportunities—to my State and the south. Fishermen in Sitka are en- has risen to a high priority in these our Nation. countering the giant Humboldt squid Halls and in the Obama administra- Alaska is now at Ground Zero for the from Mexico. tion. effects of global climate change. I take Tuna—whose usual habitat favors the I commend these many initiatives this opportunity today to detail how tropics—have been caught near Homer. and pledge my cooperation with other that is affecting the lives of Alaskans. And invasive species such as green crab Members of this body and the national I will describe a package of legislation are moving steadily northward. administration. I am introducing to prepare my State Ocean acidification—the result of ab- To advance that effort, today I am and the Nation for the next 50 years. sorption of carbon into our marine introducing a package of seven bills to During that time, the Arctic will play waters—weakens shellfish, coral, and address these challenges, almost all of an even larger role in the Nation’s even plankton, the very first link of which have been caused by, or made commerce, foreign policy, and energy the marine food chain. worse by, climate change. independence. At the G–8 Summit last month in I call this package—Inuvikput. It is a Mr. President, to me there is no more Italy, developing nations agreed to the word from the Inupiaq Eskimos of the dramatic illustration of global warm- principle of limiting the average in- Alaska North Slope which means ‘‘the ing in Alaska than these two pictures crease in the Earth’s temperature to no place where we live.’’ taken at Portage Glacier, just about 50 more than 2 degrees Celsius above pre- I can think of no more appropriate miles south of Anchorage. The top industrial levels. term coming from the very people who photo, taken by my dad in 1970, shows In the American Arctic, we exceeded are being affected every day by cli- me and two of my brothers and a sister. that long ago. The diminishing ice cre- matic changes in America’s Arctic, the The glacier is clearly in view. The bot- ates opportunities in the Arctic, but place they have called home for thou- tom photo was taken 35 years later, in even these pose new challenges. For ex- sands of years. 2005. It is of my son, Jacob, standing in ample, the Beaufort and Chukchi seas Mr. President, my package starts the exact same spot at the same time are believed to contain almost twice as with improving our fundamental un- of year. The glacier is nowhere to be much oil as already has been produced derstanding of the region. We need to seen because it has dramatically re- from the North Slope. invest in basic science to better under- ceded due to global warming. Arctic oil and gas development has stand Arctic oceanography, meteor- Today in the Arctic, the sea is melt- been conducted safely on-shore in Alas- ology, biology of its fish and marine ing so fast that most of it could be ka. Alaskans also have the technology mammals, as well as natural resources gone in 30 years. You can clearly see it to safely produce it off-shore. and oil and gas potential. in this polar projection of the Arctic. But subsistence users who rely on We need a coordinated research plan. The implications of the loss are enor- marine mammals for their way of life It should start with baseline observa- mous. Devastating for species such as are legitimately concerned about the tions and include better science sup- the polar bear, walrus, and seals, which special challenges of how to prevent porting Arctic-specific oil spill preven- depend on ice for their very survival; and respond to an oil spill in broken tion and response. life-altering for Arctic residents who sea ice. This plan also must include local and have depended on marine mammals for The diminishing Arctic ice pack traditional knowledge. After all, some their nutritional and cultural needs for could open new grounds to commercial of the first and most accurate pre- thousands of years; literally earth- fishing, which can create new jobs. dictions of Arctic climate change were shattering for entire Alaskan Arctic This also presents challenges to man- from Native elders. communities, which are being wiped age fish stocks in this region as we My bill calls on the Secretary of away by erosion and thawing perma- learn more about the impact of fishing Commerce to undertake a comprehen- frost. in these previously inaccessible waters. sive strategy to coordinate Arctic re- When this global air-conditioner is Opening the Northwest Passage, the search, to make recommendations to knocked off kilter, it accelerates cli- Northern Sea Route and eventually the Congress on a long-term Arctic Ocean matic changes we are already wit- polar sea, will bring an increase in research plan and to provide the re- nessing around the globe that neither shipping and even tourism to the Arc- sources for this vital mission. science nor our political systems can tic. This means new economic develop- We also need to promote Pan-Arctic stop. ment and additional jobs to the north- research, especially with our Russian Consider these examples. ern part of our state. and Canadian neighbors, to address sci- Storms raging over waters that once Our neighbors have taken notice of entific issues that span international were frozen solid but which are now the warming Arctic, too. This picture borders. ice-free for much of the year are erod- of a Russian submersible planting that My second bill would provide the ing sections of the Alaska shoreline at country’s flag on the North Pole’s United States equal standing with rates of 45 feet per year or more. This ocean floor was shocking to Americans other Arctic nations when it comes to undermines entire coastal villages like and other Arctic nations. our participation in the international Shishmaref and Kivalina. The Swedish Foreign Minister, whose Arctic Council and other forums. Thawing permafrost is causing roads nation is president of the European Other leading Arctic nations—Rus- and the foundations of homes to buck- Union this year, demonstrates that Eu- sia, Canada, Norway—are represented le. rope understands these changes when by ambassador-level diplomats on the A recent study by the University of he recently said the melting polar sea Council. Alaska’s Institute of Social and Eco- ice is creating revolutionary new I appreciate the dedication of those nomic Research estimated that the im- transportation possibilities between who have represented us before the pacts of climate change will increase the Atlantic and Pacific. Arctic Council and other forums. I also the cost of maintaining or replacing Although Alaskans are well aware of thank Secretary Clinton and other just today’s public infrastructure in the impacts of climate change in our high level diplomats for their interest my State by $6 billion. State, national decisionmakers are just in the Arctic. But the United States The potential release of massive starting to come to grips with its chal- needs a permanent representative on amounts of methane now sealed in the lenges and opportunities. an equal footing with the representa- permafrost threaten to accelerate the A proposed American Arctic policy tives of other nations in these impor- pace of climate change. That is known was adopted in the final days of the tant forums. Our Ambassador should to scientists as ‘‘Arctic Feedback.’’ Bush administration. While not per- advocate American interests in

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20608 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 science, sustainable development, ploration in the Outer Continental and buildings. The fund also would as- transportation and our defense posture. Shelf. We can do development there in sist in dealing with habitat restora- The third piece of legislation deals the right way, as shown here. tion, clean energy development, and with preparedness for the coming ex- Another example is BP’s Liberty other economic development activities. panded use of the Arctic. We must in- field, located off Alaska’s northern Mr. President, I am considering in- crease our investment in basic infra- coast. To minimize impacts, direc- troducing an additional piece of legis- structure to maintain a permanent tional drilling from this island pad can lation in this package. It focuses on presence in the Arctic, for scientific, tap oil reserves 8 miles away in the providing the people of Alaska’s Arctic economic development and national se- water. with a greater voice in development de- curity missions. As a part of this package, my bill ex- cisions affecting their lives. Critical to that is the need to replace tends to Alaskans the same share of This bill would establish an Arctic our fleet of icebreakers. The Polar Sea Federal revenues that residents of the Regional Citizens Advisory Council. It and the currently idled Polar Star have gulf coast States currently receive. It would be modeled after similar coun- both served beyond their 30-year life. would direct a portion of those reve- cils operating successfully in the The Healy is newer, but designed pri- nues to those most affected—the resi- Prince William Sound and Cook Inlet marily for scientific research. dents of Alaska’s North Slope—where regions of Alaska. That scientific mission is important. communities have depended on marine At the request of North Slope Bor- But we need an icebreaking fleet to as- mammals from these same waters for ough Mayor Edward Itta and our con- sert our national interests by patrol- thousands of years. I believe the Arc- stituents there, I agreed to hold off on ling our Arctic waters, monitor in- tic’s resources belong to the people of this bill for now so we can continue the creased traffic, and respond to search the Arctic and should be shared among conversation with the people of the re- and rescues, oil spills and other inci- them. gion, along with industry and regu- dents. My sixth bill deals with a critical latory stakeholders. In addition to the legislation I am in- In addition to their life-saving mis- omission from the new Presidential di- troducing today, Senate ratification of sion, the Coast Guard is a vital partner rective on the Arctic—addressing the two treaties would dramatically im- with Alaska’s commercial fishing in- health problems of Arctic people. prove our Nation’s ability to address dustry. This $4 billlion industry is one Alaskans and others who live in Arctic climate change. of our Nation’s truly American indus- Northern latitudes experience numer- The first is the Convention on the tries, providing 58,000 jobs. Our Coast ous health problems, including higher Law of the Sea. Negotiated in 1982, this Guard needs facilities to serve as a rates of alcohol abuse, diabetes, high treaty is designed to settle long-stand- base for aerial surveillance, spill pre- blood pressure and, tragically death ing disputes over national rights to off- vention and emergency response capa- from injury and suicide. shore waters and resources. The Sen- In many cases, it is unclear what bilities in the Arctic. ate’s ratification of this treaty would Currently, our closest Coast Guard causes these problems. More research put the United States at the table at a air base is located in Kodiak, a 900-mile is necessary into prevention and treat- time of great change in the Arctic. commute just to reach the Arctic ment. I note support for the Law of the Sea Coast. That’s like patrolling the Gulf This bill proposes a study of mental Treaty comes from a broad spectrum of of Mexico from air bases in New York. and behavioral health issues in the organizations, from environmental I applaud the stamina of our Coast Arctic. It would create an ‘‘Arctic groups and oil companies to the U.S. Guard crews who have kept our C–130s desk’’ at the National Institutes of military. in the Arctic skies by performing Health that was called for in Federal I strongly support ratification of the maintenance work on the ramp in sub- legislation in 1984 but has never been Law of the Sea Treaty and will be freezing conditions. The least we could established. proud to cosponsor this measure. do is provide them with a heated hang- Finally, it would institute a health The second key international agree- ar. My legislation would address that assessment program at the Centers for ment the Senate should ratify to ad- need and other critical infrastructure Disease Control focused on the Arctic. dress Arctic health issues is the Treaty needs. This vital research will not only ben- on Persistent Organic Pollutants, or Fourth, we must achieve a balance in efit residents of my State but citizens POPs. environmentally responsible resource across the country. These pollutants—PCBs, DDT, development in the Arctic. A dimin- The seventh bill in this package ad- dioxin, and even fire retardants—are ished ice cap may clear the way for dresses the huge losses of coastal Alas- carried by wind and sea currents to the more affordable development of the kan territory, as a result of dramatic Arctic. They are then trapped by the enormous energy reserves the U.S. Ge- climate change. A June 2009 Govern- ice and are stored in the fatty tissue of ological Service says lie beneath Arctic ment Accountability Study on this fish and marine mammals that are a waters. This region contains an esti- issue says: ‘‘most of Alaska’s more main component of the local subsist- mated 30 billion barrels of oil and 220 than 200 Native villages are affected to ence diet. trillion cubic feet of natural gas. some degree by flooding and erosion.’’ The POPs treaty was adopted in 2001. These resources can create thousands In some cases, entire Arctic villages in But like the Law of the Sea, it has of American jobs and help assure our my State are at risk of serious erosion never been ratified. It is time that national energy security. or of being washed into the sea. changed. I am honored to be a cospon- We must get the science right and To make matters worse, some of the sor of Senator HARKIN’s bill, S. 519, to provide the infrastructure necessary to most severe flooding in recent history implement provisions of this treaty. protect human and animal life and the occurred this spring. Millions of dollars I look forward to working with the environment. in damage was done to Alaska commu- chairman and ranking member of the To help achieve that, my measure nities, prompting State and Federal Foreign Relations Committee and the calls on the Coast Guard to assess Arc- disaster declarations. Obama Administration to bring these tic development and develop the nec- To address these issues, I propose treaties forward to the Senate for con- essary infrastructure. creation of an Arctic adaptation fund. sideration as soon as possible. It also requires the Secretary of This fund would help the State of Alas- Mr. President, because of Alaska, Commerce to direct research to pre- ka, Alaska Native organizations, af- America is an Arctic nation. My State vent and improve oil spill recovery in fected Arctic communities, and the pri- has over 700 miles of shoreline along Arctic waters. vate sector deal with the impacts of the Arctic Ocean, and over 100 million My fifth bill deals with the benefits climate change. This includes flooding, acres above the Arctic Circle. If you of energy development in the Arctic. erosion, permafrost melting, and dam- define Arctic by temperature, it en- Most Alaskans support oil and gas ex- age to public transportation systems compasses an even broader area that

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20609 includes the Bering Sea and the Aleu- Bethlehem was used to build some our cation and patient care needs have tian Islands. country’s most treasured structures changed tremendously since 1965, Medi- Through the diligent work of many and landmarks, including the Chrysler care’s policy in this area has not kept scientists, we have learned much over Building in New York City and the up to date. the past century. But there is much we Golden Gate Bridge in San Francisco. My bill amends Medicare to provide still do not understand. Bethlehem Steel was a major contrib- incentives to expand the number of ad- This century, and the next 50 years of utor to the war effort during the first vanced practice registered nurses, Alaska statehood, brings great chal- and second World Wars, building many APRN, trained and to prepare them to lenges and even greater opportunities. ships and supplying much of the ar- undertake the essential cost-saving re- To succeed, we must address the broad mored plating and large-caliber guns forms to our health care delivery sys- policy implications of an ice-dimin- for our armed forces. Bethlehem Steel tem: an increased focus on primary and ishing Arctic on the diplomatic, sci- began to cease much of its operation in preventive care, improved coordination entific, and national security fronts. the 1990s and was bought by another of care, access to primary care and an- We must make the needed invest- steel company in 2001. The closing of esthesia services in rural and medi- ments to ensure the United States Bethlehem Steel marked the end of an cally underserved areas, and enhanced maintains its leadership at the top of era and also created one of the largest efforts to reduce costly medical errors our globe. We must listen to and ad- brownfield sites in the country. It is on that will lower health care costs and dress the needs of the residents of the this site, rich in history and industrial improve patient care. This legislation Arctic. heritage, where the National Museum also focuses on training nurses in com- With this Inuvikput package of legis- of Industrial History will stand as a munity-based settings, such as commu- lation, we will take a major step to- monument to industry and as an edu- nity health centers, rural clinics and ward achieving these important goals. cational resource to the public. individual health professional offices, As they say in America’s Arctic, The legislation I have introduced will arming them with the practical clin- Quyanaqpak. Thank you. establish an agreement between the ical experience they need. Department of Interior and the Na- The respected economic analysis firm By Mr. SPECTER (for himself tional Museum of Industrial History, The Lewin Group has conducted a thor- and Mr. CASEY): wherein the Department will assist in ough analysis of this proposal. They S. 1568. A bill to assist in the estab- the creation and program development found that it would increase the num- lishment of an interpretive center and of the Museum. Every dollar provided ber of APRNs graduating by 25 percent. museum in Bethlehem, Pennsylvania, by the Federal Government would have This is a very significant increase and to protect and interpret the history of to be matched by a non-Federal source. one that is greatly needed. Addition- the industrialization of the United The Museum has a long history of ally, training more APRNs will help us States; to the Committee on Energy working with the Federal Government. develop more faculty, which are des- and Natural Resources. The National Museum of Industrial perately needed to train the next gen- Mr. SPECTER. Mr. President, I have History was the first museum to be- eration of nurses. Every nursing school sought recognition to introduce legis- come affiliated with the Smithsonian dean in Michigan has told me that this lation that will honor and preserve the Institute. This partnership spawned is a huge issue to them. industrial legacy of our Nation for the the Smithsonian Institute’s ‘‘Affiliates This relatively modest investment in benefit of current and future genera- Program,’’ which now has over 150 APRNs will provide Americans, espe- tions. The bill, which I am introducing members around the country. cially those in rural and other areas of along with my Pennsylvania colleague I urge my colleagues to support this health care shortages, with the pri- Senator BOB CASEY, would establish a legislation. mary and preventive care, care coordi- partnership between the Department of nation, and chronic care management Interior and the National Museum of By Ms. STABENOW: they too often lack today. Industrial History: a museum and in- S. 1569. A bill to expand our Nation’s At a time when our country faces a terpretive center to be located at the Advanced Practice Registered Nurse shortage of healthcare professionals, site of the former Bethlehem Steel workforce; to the Committee on Fi- funding for the clinical education of Plant in Bethlehem, PA. nance. APRNs, including nurse practitioners, The industrial revolution was a crit- Ms. STABENOW. Mr. President, I certified nurse-midwives, certified reg- ical period in American history, during rise today to introduce legislation to istered nurse anesthetists, and clinical which our country and the foundation address our growing workforce short- nurse specialists is vitally important of our national economy experienced age. I am pleased to be joining my good to meet the demand for expanded an unprecedented transition. It is im- friend, Congresswoman LOIS CAPPS, a health care, which is expected under a portant that people, especially children nurse herself, in introducing this legis- newly reformed delivery system. and future generations, have an oppor- lation. Our legislation is supported by Mr. President, I ask unanimous con- tunity to learn about the history of AARP, the American Academy of sent that a letter of support be printed American industrialization and how it Nurse Practitioners, the American As- in the RECORD. shaped our world and our lives. For sociation of Colleges of Nursing, the There being no objection, the mate- this opportunity to be realized, the American Association of Nurse Anes- rial was ordered to be printed in the timeless stories and treasured relics of thetists, the American College of Nurse RECORD, as follows: our industrial history must be pre- Practitioners, the American College of served, interpreted and made available Nurse-Midwives, the American Nurses JULY 29, 2009. for all to see, study and enjoy. The Na- Hon. DEBBIE STABENOW, Association, the National Association U.S. Senate, tional Museum of Industrial History of Pediatric Nurse Practitioners, and 133 Senate Hart Building, Washington, DC. will exist for just this purpose. the National Organization of Nurse DEAR SENATOR STABENOW: On behalf of the The Museum will be located at an Practitioner Faculties. undersigned organizations, we would like to ideal site to tell the story of America’s Since its creation in 1965, Medicare express our support for your legislation that industrial history because the former has provided some support for the costs will amend Title XVIII of the Social Secu- tenant of the site was a lead character of nursing education. While relatively rity Act to provide payment to hospitals for in the story. The Bethlehem Steel small as compared to support for grad- the costs of expanded advanced practice Company was a world-leader in steel uate medical education for physicians, nurse training programs. At a time when our country faces a shortage of healthcare pro- production for nearly 150 years and $150 million vs. $9 billion per year, fessionals, funding for the clinical education truly epitomized the industrial revolu- Medicare has for many years been the of Advanced Practice Registered Nurses tion and expansion throughout the 19th largest federal source of funding for (APRNs), including nurse practitioners, cer- and 20th centuries. Steel produced in nurse training. While nursing edu- tified nurse-midwives, certified registered

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20610 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 nurse anesthetists, and clinical nurse spe- their spouses save for retirement, and that United States and the defense of freedom and cialists is vitally important to meet the de- the actual amount of retirement savings of peace, project the effective ground combat mand for expanded health care, which is ex- workers lags far behind the amount that will power of the United States by Air Force air pected under a newly reformed delivery sys- be needed to adequately fund their retire- transport to the far reaches of the battle tem. ment years; area and, indeed, to the far corners of the APRNs are ideally suited to help imple- Whereas saving for retirement is a key world; ment delivery system reforms such as an in- component to overall financial health and Whereas August 16 marks the anniversary creased focus on primary, transitional, and security during retirement years; of the first official Army parachute jump on preventive care, enhancing access for rural Whereas many workers may not be aware August 16, 1940, an event that validated the and medically underserved populations, im- of retirement savings options, or may not innovative concept of inserting United proving care coordination, chronic care man- have focused on the importance of, and need States ground combat forces behind a battle agement, and reducing costly medical errors. for, saving for retirement; line by means of a parachute; Yet in 2008, U.S. nursing schools turned away Whereas many employees have access to Whereas the United States experiment 6,904 qualified applicants from graduate defined benefit and defined contribution with airborne infantry attack began on June nursing programs due to insufficient num- plans to help prepare for retirement, yet 25, 1940, when the Army Parachute Test Pla- bers of faculty, clinical sites, classroom many may not take advantage of employer- toon was first authorized by the Department space, clinical preceptors, and budget con- sponsored defined contribution plans at all of War, and was launched when 48 volunteers straints. This Medicare funding would ex- or to the full extent allowed by the plans began training in July 1940; pand the current focus to nursing education under Federal law; Whereas the success of the Army Para- at the graduate level. It would also expand Whereas many workers saving for retire- chute Test Platoon in the days immediately clinical education provided through Medi- ment through tax-preferred savings plans before the entry of the United States into care funding to include home and commu- have experienced declines in account values World War II led to the formation of a formi- nity-based settings as well as hospitals, due to the recent economic downturn and dable force of airborne units that have using affiliations between accredited schools market decline, making continued contribu- served with distinction and have had re- of nursing and community-based health care tions all the more important; peated success in armed hostilities; settings. The outcome would be a much more Whereas all workers, including public- and Whereas among those airborne units are robust APRN workforce to meet growing de- private-sector employees, employees of tax- the former 11th, 13th, and 17th Airborne Divi- mand especially among the Medicare popu- exempt organizations, and self-employed in- sions, the venerable 82nd Airborne Division, lation and those in underserved areas. In dividuals, can benefit from the advantages of the versatile 101st Airborne Division (Air As- fact, according to a Lewin report commis- tax-preferred savings plans, and from in- sault), and the airborne regiments and bat- sioned by AARP to investigate this type of creased awareness of the need to develop per- talions (some as components of those divi- proposal, your bill would increase the num- sonal budgets, and financial plans; and sions, some as separate units) that achieved ber of APRNs by 25%. Whereas October 18 through October 24, distinction as the elite 75th Ranger Regi- We applaud your efforts and those of your 2009, has been designated as ‘‘National Save ment, the 173rd Airborne Brigade, the 187th staff for introducing Graduate Nursing Edu- for Retirement Week 2009’’: Now, therefore, Infantry (Airborne) Regiment, the 503rd, 507th, 508th, 517th, 541st, and 542nd Parachute cation legislation, which will benefit future be it Infantry Regiments, the 88th Glider Infantry APRNs so they can provide high quality, Resolved, That the Senate— Regiment, the 509th, 551st, and 555th Para- cost effective care to the most vulnerable (1) supports the goals and ideals of Na- chute Infantry Battalions, the 325th and populations in all areas across the country. tional Save for Retirement Week 2009; 327th Glider Infantry, and the 550th Airborne Thank you for your recognition of the role (2) supports efforts to raise public aware- Infantry Battalion; APRNs will play in a reformed healthcare ness of the need to use efficiently the sub- Whereas the achievements of the airborne system. stantial tax revenues, estimated to exceed forces during World War II prompted the evo- Sincerely, $127,000,000,000 for the fiscal year 2009 budget, lution of those forces into a diversified force AARP, American Academy of Nurse that subsidize retirement savings; of parachute and air-assault units that, over (3) supports efforts to raise public aware- Practitioners, American Association of the years, have fought in Korea, Vietnam, Colleges of Nursing, American Associa- ness of the importance of saving adequately Grenada, Panama, the Persian Gulf region, tion of Nurse Anesthetists, American for retirement and of the availability of tax- and Somalia, and have engaged in peace- College of Nurse Practitioners, Amer- preferred employer-sponsored retirement keeping operations in Lebanon, the Sinai Pe- ican College of Nurse-Midwives, Amer- savings plans; and ninsula, the Dominican Republic, Haiti, Bos- ican Nurses Association, National As- (4) calls on States, localities, schools, uni- nia, and Kosovo; sociation of Pediatric Nurse Practi- versities, nonprofit organizations, busi- Whereas the modern-day airborne force tioners, National Organization of Nurse nesses, other entities, and the people of the that has evolved from those World War II be- Practitioner Faculties. United States to observe National Save for ginnings is an agile, powerful force that, in f Retirement Week with appropriate programs large part, is composed of the 82nd Airborne and activities with the goal of increasing the Division, the 101st Airborne Division (Air As- SUBMITTED RESOLUTIONS retirement savings for all the people in the sault), and the 75th Ranger Regiment; United States. Whereas the modern-day airborne force f also includes other elite forces composed en- SENATE RESOLUTION 234—SUP- tirely of airborne trained and qualified spe- PORTING THE GOALS AND SENATE RESOLUTION 235—DESIG- cial operations warriors, including Army IDEALS OF NATIONAL SAVE FOR NATING AUGUST 16, 2009, AS ‘‘NA- Special Forces, Marine Corps Reconnais- RETIREMENT WEEK 2009 TIONAL AIRBORNE DAY’’ sance units, Navy SEALs, and Air Force combat control teams, each of which is part Mr. CONRAD (for himself, Mr. ENZI, Ms. MURKOWSKI (for herself, Mr. of the United States Special Operations and Mr. CARDIN) submitted the fol- REED, Ms. SNOWE, Mr. INHOFE, Mr. Command; lowing resolution; which was consid- BYRD, Mr. VOINOVICH, Mr. BEGICH, Mr. Whereas in the aftermath of the terrorist ered and agreed to: LEVIN, Mr. KERRY, Mr. BURR, Mr. attacks on the United States on September RAPO AGAN OBERTS 11, 2001, the 75th Ranger Regiment, special S. RES. 234 C , Mrs. H , Mr. R , Mr. INOUYE, Mrs. MURRAY, Mr. COCHRAN, forces units, and units of the 82nd Airborne Whereas people in the United States are Division and the 101st Airborne Division (Air Mr. CONRAD, Mrs. LINCOLN, Mr. BURRIS, living longer and the cost of retirement con- Assault), together with other units of the tinues to rise, in part because the number of Mr. ROCKEFELLER, Mr. BINGAMAN, Mr. Armed Forces, have been prosecuting the employers providing retiree health coverage CARDIN, Mr. REID, Mr. THUNE, Mr. war against terrorism by carrying out com- continues to decline and retiree health care SCHUMER, Mr. CASEY, Mr. MERKLEY, bat operations in Afghanistan, training oper- costs continue to increase at a rapid pace; Mr. LIEBERMAN, Mr. BOND, Mr. BROWN, ations in the Philippines, and other oper- Whereas Social Security remains the bed- and Mr. CORKER) submitted the fol- ations elsewhere; rock of retirement income for the great ma- lowing resolution; which was consid- Whereas in the aftermath of the terrorist jority of the people of the United States, but ered and agreed to: attacks on the United States on September was never intended by Congress to be the 11, 2001, airborne units played a pivotal role sole source of retirement income for fami- S. RES. 235 in the war in Afghanistan, including the un- lies; Whereas the airborne forces of the Armed flinching pursuit of the enemies of the Whereas recent data from the Employee Forces have a long and honorable history as United States during the battles of Mazar-i Benefit Research Institute indicates that, in units of adventuresome, hardy, and fierce Sharif, Kabul, Qala-i-Jangi, Tora Bora, and the United States, less than 2⁄3 of workers or warriors who, for the national security of the Operation Anaconda;

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00050 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20611 Whereas United States paratroopers, which Whereas the history of the people of Africa AMENDMENTS SUBMITTED AND include the 82d Airborne Division, 75th Rang- is inextricably tied to the histories of the PROPOSED er Regiment, Special Operations Forces, United States and the United Kingdom; 173rd Airborne Brigade Combat team, and Whereas, for centuries, millions of people SA 2241. Mr. JOHANNS (for himself, Mr. elements of the 4th Brigade 25th Infantry Di- from Africa and their descendants were NELSON of Nebraska, Mr. LEVIN, and Ms. STA- vision, have demonstrated bravery and honor enslaved in the United States and the terri- BENOW) submitted an amendment intended to in an effort to pursue the enemies of the tories of the British Empire; be proposed to amendment SA 1908 sub- United States, to stabilize Afghanistan, and Whereas the slave trade spanned many re- mitted by Mr. KOHL (for himself and Mr. to strive for calm in a troubled region; gions of the world, including Africa, the Car- BROWNBACK) to the bill H.R. 2997, making ap- Whereas in the aftermath of the announce- ibbean, the United States, and territories of propriations for Agriculture, Rural Develop- ment of Operation Iraqi Freedom by Presi- the British Empire; ment, Food and Drug Administration, and Related Agencies programs for the fiscal dent George W. Bush in March 2003, the 75th Whereas the people of Africa forced into year ending September 30, 2010, and for other Ranger Regiment, special forces units, and slavery were dehumanized, humiliated, purposes. units of the 82nd Airborne Division, the 101st abused, and often separated from their fami- SA 2242. Mr. JOHANNS (for himself and Airborne Division (Air Assault), the 173rd lies to be sold; Mr. NELSON of Nebraska) submitted an Airborne Brigade, and the 4th Brigade Com- Whereas the institution of slavery, predi- amendment intended to be proposed to bat Team (Airborne) of the 25th Infantry Di- cated upon racist beliefs, infected and cor- amendment SA 1908 submitted by Mr. KOHL vision, together with other units of the rupted the social fabrics of the United States (for himself and Mr. BROWNBACK) to the bill Armed Forces, have been prosecuting the and the United Kingdom; war against terrorism, carrying out combat H.R. 2997, supra; which was ordered to lie on Whereas the Underground Railroad em- the table. operations, conducting civil affairs missions, bodied courage, hospitality, and fortitude, and assisting in establishing democracy in SA 2243. Mr. COBURN submitted an and served as an impetus for the abolition of amendment intended to be proposed to Iraq; slavery; Whereas the airborne forces are, and will amendment SA 1908 submitted by Mr. KOHL Whereas the Underground Railroad pro- (for himself and Mr. BROWNBACK) to the bill continue to be, at the ready and the fore- vided a means of escape from slavery by in- front until the Global War on Terrorism is H.R. 2997, supra. corporating a network of abolitionists, se- SA 2244. Mr. COBURN submitted an concluded; cret routes, and safe houses throughout the amendment intended to be proposed to Whereas of the members and former mem- United States and the territories of the Brit- amendment SA 1908 submitted by Mr. KOHL bers of the United States airborne forces, all ish Empire; (for himself and Mr. BROWNBACK) to the bill have achieved distinction by earning the Whereas the efforts of Harriet Tubman and H.R. 2997, supra. right to wear the ‘‘Silver Wings of Courage’’ like-minded abolitionists in the Under- SA 2245. Mr. COBURN submitted an of the United States airborne forces, thou- ground Railroad helped tens of thousands of amendment intended to be proposed to sands have achieved the distinction of mak- slaves escape to freedom during the early amendment SA 1908 submitted by Mr. KOHL ing combat jumps, 69 have earned the Medal 19th century; (for himself and Mr. BROWNBACK) to the bill of Honor, and hundreds have earned the Dis- Whereas Harriet Tubman demonstrated her H.R. 2997, supra. tinguished-Service Cross, Silver Star, or fearless devotion to liberty during her serv- SA 2246. Mr. COBURN submitted an amend- other decorations and awards for displays of ice as a conductor on the Underground Rail- ment intended to be proposed to amendment such traits as heroism, gallantry, intre- road and was responsible for leading fugitive SA 2226 proposed by Mr. NELSON of Florida pidity, and valor; slaves through the countryside to safe (for himself, Mr. REID, and Mr. MARTINEZ) to Whereas the members and former members houses; the amendment SA 1908 submitted by Mr. of the United States airborne forces are all Whereas Harriet Tubman became known as KOHL (for himself and Mr. BROWNBACK) to the members of a proud and honorable fraternity ‘‘Moses’’ among slaves and abolitionists be- bill H.R. 2997, supra. of the profession of arms that is made exclu- cause her estimated 19 trips in the decade SA 2247. Mr. COBURN submitted an sive by those distinctions which, together following her emancipation in 1849 to States amendment intended to be proposed by him with their special skills and achievements, that permitted slavery led to the liberation to the bill H.R. 2997, supra; which was or- distinguish them as intrepid combat para- of approximately 300 slaves; dered to lie on the table. chutists, special operation forces, and, in Whereas the Fugitive Slave Law of 1850 SA 2248. Mr. COBURN submitted an former days, glider troops; amendment intended to be proposed to Whereas the history and achievements of jeopardized the safety of escaped slaves in the United States; amendment SA 1908 submitted by Mr. KOHL the members and former members of the air- (for himself and Mr. BROWNBACK) to the bill borne forces of the United States Armed Whereas the establishment of Underground Railroad safe houses in Canada, a territory H.R. 2997, supra. Forces warrant special expressions of the SA 2249. Mrs. HUTCHISON submitted an gratitude of the people of the United States; of the British Empire, provided a safe haven for escaped slaves; amendment intended to be proposed to and amendment SA 1908 submitted by Mr. KOHL Whereas, since the airborne community Whereas the abolition of slavery in the British Empire on August 1, 1834, established (for himself and Mr. BROWNBACK) to the bill celebrates August 16 as the anniversary of H.R. 2997, supra; which was ordered to lie on the first official jump by the Army Para- a chief terminal for the Underground Rail- road and laid the foundation for the eventual the table. chute Test Platoon, August 16 would be an SA 2250. Mr. DEMINT submitted an amend- appropriate day to recognize as National Air- abolition of slavery in the United States; Whereas the Salem Chapel British Meth- ment intended to be proposed by him to the borne Day: Now, therefore, be it bill H.R. 2997, supra; which was ordered to lie Resolved, That the Senate— odist Episcopal Church in St. Catharines, Ontario, Canada, served as an important cen- on the table. (1) designates August 16, 2009, as ‘‘National SA 2251. Mr. DEMINT submitted an amend- Airborne Day’’; and ter of abolitionist activity and served as the final destination for many escaped slaves; ment intended to be proposed by him to the (2) calls on the people of the United States bill H.R. 2997, supra; which was ordered to lie to observe National Airborne Day with ap- Whereas many freed slaves became mem- bers of Salem Chapel British Methodist Epis- on the table. propriate programs, ceremonies, and activi- SA 2252. Mr. DEMINT submitted an amend- copal Church and settled in the community; ties. ment intended to be proposed by him to the and bill H.R. 2997, supra; which was ordered to lie f Whereas the abolition of slavery in the on the table. British Empire influenced the United States SENATE RESOLUTION 236—COM- SA 2253. Mr. CHAMBLISS (for himself and by setting the precedent that the dehuman- Mr. HARKIN) submitted an amendment in- MEMORATING THE 175TH ANNI- izing practice of slavery would not, and tended to be proposed to amendment SA 1908 VERSARY OF THE ABOLITION OF could not, be tolerated if a Nation is to con- submitted by Mr. KOHL (for himself and Mr. SLAVERY IN THE BRITISH EM- form with the fundamental tenets of democ- BROWNBACK) to the bill H.R. 2997, supra. racy and equality for all people: Now, there- PIRE ON AUGUST 1, 1834 SA 2254. Mr. CHAMBLISS submitted an fore, be it Mr. CARDIN (for himself, Mr. VOINO- amendment intended to be proposed to VICH, Mr. HARKIN, and Mr. BROWNBACK) Resolved, That the Senate— amendment SA 1908 submitted by Mr. KOHL submitted the following resolution; (1) recognizes the fundamental importance (for himself and Mr. BROWNBACK) to the bill which was considered and agreed to: of the abolition of slavery in the British Em- H.R. 2997, supra. pire in the history of the United States and SA 2255. Mr. VITTER submitted an amend- S. RES. 236 Canada; and ment intended to be proposed to amendment Whereas the United States and the United (2) celebrates the 175th anniversary of the SA 1908 submitted by Mr. KOHL (for himself Kingdom have become beacons of freedom abolition of slavery in the British Empire on and Mr. BROWNBACK) to the bill H.R. 2997, and democracy around the world; August 1, 1834. supra.

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SA 2256. Mr. DODD (for himself, Mr. KEN- amendment SA 1908 submitted by Mr. KOHL SA 2284. Mr. DODD submitted an amend- NEDY, Mr. KERRY, Mr. WHITEHOUSE, Mr. LIE- (for himself and Mr. BROWNBACK) to the bill ment intended to be proposed to amendment BERMAN, and Mr. REED) submitted an amend- H.R. 2997, supra; which was ordered to lie on SA 1908 submitted by Mr. KOHL (for himself ment intended to be proposed to amendment the table. and Mr. BROWNBACK) to the bill H.R. 2997, SA 1908 submitted by Mr. KOHL (for himself SA 2270. Mr. SANDERS submitted an supra; which was ordered to lie on the table. and Mr. BROWNBACK) to the bill H.R. 2997, amendment intended to be proposed to SA 2285. Mr. NELSON, of Nebraska (for supra; which was ordered to lie on the table. amendment SA 1908 submitted by Mr. KOHL himself, Mr. GRASSLEY, and Mr. JOHANNS) SA 2257. Mr. NELSON, of Nebraska sub- (for himself and Mr. BROWNBACK) to the bill submitted an amendment intended to be pro- mitted an amendment intended to be pro- H.R. 2997, supra; which was ordered to lie on posed by him to the bill H.R. 2997, supra; posed to amendment SA 1908 submitted by the table. which was ordered to lie on the table. Mr. KOHL (for himself and Mr. BROWNBACK) SA 2271. Mr. SANDERS submitted an SA 2286. Mr. CORKER submitted an amend- to the bill H.R. 2997, supra; which was or- amendment intended to be proposed to ment intended to be proposed by him to the dered to lie on the table. amendment SA 1908 submitted by Mr. KOHL bill H.R. 2997, supra; which was ordered to lie SA 2258. Mr. NELSON, of Nebraska sub- (for himself and Mr. BROWNBACK) to the bill on the table. mitted an amendment intended to be pro- H.R. 2997, supra. SA 2287. Mr. CORKER submitted an amend- posed to amendment SA 1908 submitted by SA 2272. Mr. SANDERS submitted an ment intended to be proposed by him to the Mr. KOHL (for himself and Mr. BROWNBACK) amendment intended to be proposed to bill H.R. 2997, supra; which was ordered to lie to the bill H.R. 2997, supra; which was or- amendment SA 1908 submitted by Mr. KOHL on the table. dered to lie on the table. (for himself and Mr. BROWNBACK) to the bill SA 2288. Mr. KOHL proposed an amend- SA 2259. Ms. LANDRIEU submitted an H.R. 2997, supra; which was ordered to lie on ment to amendment SA 2248 submitted by amendment intended to be proposed to the table. Mr. COBURN to the amendment SA 1908 sub- amendment SA 1908 submitted by Mr. KOHL SA 2273. Mr. SANDERS submitted an mitted by Mr. KOHL (for himself and Mr. (for himself and Mr. BROWNBACK) to the bill amendment intended to be proposed to BROWNBACK) to the bill H.R. 2997, supra. H.R. 2997, supra. amendment SA 1908 submitted by Mr. KOHL SA 2289. Mr. KOHL (for himself and Mr. SA 2260. Mr. FEINGOLD (for himself, Mr. (for himself and Mr. BROWNBACK) to the bill BROWNBACK) proposed an amendment to SANDERS, Mr. KOHL, Mr. SCHUMER, and Mr. H.R. 2997, supra; which was ordered to lie on amendment SA 1908 submitted by Mr. KOHL GRASSLEY) submitted an amendment in- the table. (for himself and Mr. BROWNBACK) to the bill tended to be proposed to amendment SA 1908 SA 2274. Mr. SANDERS submitted an H.R. 2997, supra. submitted by Mr. KOHL (for himself and Mr. amendment intended to be proposed to f BROWNBACK) to the bill H.R. 2997, supra; amendment SA 1908 submitted by Mr. KOHL TEXT OF AMENDMENTS which was ordered to lie on the table. (for himself and Mr. BROWNBACK) to the bill SA 2261. Mr. FEINGOLD (for himself and H.R. 2997, supra; which was ordered to lie on SA 2241. Mr. JOHANNS (for himself, Mrs. GILLIBRAND) submitted an amendment the table. Mr. NELSON of Nebraska, Mr. LEVIN, intended to be proposed to amendment SA SA 2275. Mr. SANDERS submitted an and Ms. STABENOW) submitted an 1908 submitted by Mr. KOHL (for himself and amendment intended to be proposed to amendment intended to be proposed to Mr. BROWNBACK) to the bill H.R. 2997, supra; amendment SA 1908 submitted by Mr. KOHL amendment SA 1908 submitted by Mr. which was ordered to lie on the table. (for himself and Mr. BROWNBACK) to the bill SA 2262. Mr. FEINGOLD submitted an H.R. 2997, supra; which was ordered to lie on KOHL (for himself and Mr. BROWNBACK) amendment intended to be proposed to the table. to the bill H.R. 2997, making appropria- amendment SA 1908 submitted by Mr. KOHL SA 2276. Mr. SANDERS submitted an tions for Agriculture, Rural Develop- (for himself and Mr. BROWNBACK) to the bill amendment intended to be proposed to ment, Food and Drug Administration, H.R. 2997, supra; which was ordered to lie on amendment SA 1908 submitted by Mr. KOHL and Related Agencies programs for the the table. (for himself and Mr. BROWNBACK) to the bill fiscal year ending September 30, 2010, SA 2263. Mr. SCHUMER (for himself, Mr. H.R. 2997, supra. and for other purposes; as follows: SANDERS, Ms. KLOBUCHAR, Mrs. GILLIBRAND, SA 2277. Mr. SANDERS submitted an On page 19, line 9, before the period, insert Mrs. MURRAY, Ms. SNOWE, and Mrs. SHAHEEN) amendment intended to be proposed to the following: ‘‘: Provided further, That of the submitted an amendment intended to be pro- amendment SA 1908 submitted by Mr. KOHL amount available under this heading, at posed to amendment SA 1908 submitted by (for himself and Mr. BROWNBACK) to the bill least $17,764,000 shall be used for the tuber- Mr. KOHL (for himself and Mr. BROWNBACK) H.R. 2997, supra; which was ordered to lie on to the bill H.R. 2997, supra; which was or- the table. culosis program (including at least $3,000,000 dered to lie on the table. SA 2278. Mrs. GILLIBRAND (for herself, for tuberculosis indemnity and depopula- tion)’’. SA 2264. Ms. STABENOW (for herself, Mr. Mr. SANDERS, and Mr. SPECTER) submitted an CASEY, and Mr. SANDERS) submitted an amendment intended to be proposed to Mr. JOHANNS (for himself amendment intended to be proposed to amendment SA 1908 submitted by Mr. KOHL SA 2242. amendment SA 1908 submitted by Mr. KOHL (for himself and Mr. BROWNBACK) to the bill and Mr. NELSON of Nebraska) sub- (for himself and Mr. BROWNBACK) to the bill H.R. 2997, supra; which was ordered to lie on mitted an amendment intended to be H.R. 2997, supra; which was ordered to lie on the table. proposed to amendment SA 1908 sub- the table. SA 2279. Mr. KOHL submitted an amend- mitted by Mr. KOHL (for himself and SA 2265. Mr. SANDERS submitted an ment intended to be proposed to amendment Mr. BROWNBACK) to the bill H.R. 2997, amendment intended to be proposed to SA 1908 submitted by Mr. KOHL (for himself making appropriations for Agriculture, amendment SA 1908 submitted by Mr. KOHL and Mr. BROWNBACK) to the bill H.R. 2997, Rural Development, Food and Drug Ad- (for himself and Mr. BROWNBACK) to the bill supra; which was ordered to lie on the table. H.R. 2997, supra; which was ordered to lie on SA 2280. Mr. KOHL submitted an amend- ministration, and Related Agencies the table. ment intended to be proposed by him to the programs for the fiscal year ending SA 2266. Mr. SANDERS submitted an bill H.R. 2997, supra; which was ordered to lie September 30, 2010, and for other pur- amendment intended to be proposed to on the table. poses; which was ordered to lie on the amendment SA 1908 submitted by Mr. KOHL SA 2281. Mr. FEINGOLD submitted an table; as follows: (for himself and Mr. BROWNBACK) to the bill amendment intended to be proposed to On page 17, line 8, strike ‘‘$911,394,000’’ and H.R. 2997, supra; which was ordered to lie on amendment SA 1908 submitted by Mr. KOHL insert ‘‘$913,394,000, of which $17,764,000 shall the table. (for himself and Mr. BROWNBACK) to the bill be used for the tuberculosis program (includ- SA 2267. Mr. SANDERS submitted an H.R. 2997, supra; which was ordered to lie on ing at least $3,000,000 for tuberculosis indem- amendment intended to be proposed to the table. nity and depopulation), of which $2,000,000 amendment SA 1908 submitted by Mr. KOHL SA 2282. Mr. CARDIN submitted an amend- shall be derived by reducing the amount (for himself and Mr. BROWNBACK) to the bill ment intended to be proposed to amendment available under the heading ‘DEPARTMENTAL H.R. 2997, supra; which was ordered to lie on SA 1908 submitted by Mr. KOHL (for himself ADMINISTRATION’ ’’. the table. and Mr. BROWNBACK) to the bill H.R. 2997, SA 2268. Mr. SANDERS submitted an supra; which was ordered to lie on the table. SA 2243. Mr. COBURN submitted an amendment intended to be proposed to SA 2283. Mr. DODD (for himself, Mr. amendment intended to be proposed to amendment SA 1908 submitted by Mr. KOHL WHITEHOUSE, and Mr. LIEBERMAN) submitted amendment SA 1908 submitted by Mr. (for himself and Mr. BROWNBACK) to the bill an amendment intended to be proposed to OHL ROWNBACK H.R. 2997, supra; which was ordered to lie on amendment SA 1908 submitted by Mr. KOHL K (for himself and Mr. B ) the table. (for himself and Mr. BROWNBACK) to the bill to the bill H.R. 2997, making appropria- SA 2269. Mr. SANDERS submitted an H.R. 2997, supra; which was ordered to lie on tions for Agriculture, Rural Develop- amendment intended to be proposed to the table. ment, Food and Drug Administration,

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Notwithstanding any other pro- (4) in the case of a conference for which the At the appropriate place, insert the fol- vision of this Act, each amount provided Department was the primary sponsor, a lowing: under the heading ‘‘RURAL BUSINESS—COOP- statement that includes— PROHIBITION ON NO-BID CONTRACTS AND GRANTS ERATIVE SERVICE’’ in title III is reduced by (A) a justification of the location selected; SEC. ll. (a) Notwithstanding any other the pro rata percentage required to reduce (B) a description of the cost efficiency of provision of this Act, none of the funds ap- the total amount provided under that head- the location; propriated or otherwise made available by ing by $124,800,000. (C) the date of the conference; this Act may be— (D) a brief explanation of how the con- (1) used to make any payment in connec- SA 2244. Mr. COBURN submitted an ference advanced the mission of the Depart- tion with a contract not awarded using com- amendment intended to be proposed to ment; and petitive procedures in accordance with the amendment SA 1908 submitted by Mr. (E) the total number of individuals whose requirements of section 303 of the Federal KOHL (for himself and Mr. BROWNBACK) travel or attendance at the conference was Property and Administrative Services Act of to the bill H.R. 2997, making appropria- paid for in part or full by the Department. 1949 (41 U.S.C. 253), section 2304 of title 10, tions for Agriculture, Rural Develop- (c) Notwithstanding any other provision of United States Code, and the Federal Acquisi- ment, Food and Drug Administration, this Act, the aggregate amount made avail- tion Regulation; and Related Agencies programs for the able under this Act for expenses of the De- (2) awarded by grant not subjected to partment relating to conferences in fiscal merit-based competitive procedures, needs- fiscal year ending September 30, 2010, year 2010, including expenses relating to con- based criteria, and other procedures specifi- and for other purposes; as follows: ference programs, staff, travel costs, and cally authorized by law to select the grantee On page 51, beginning on line 10, strike ‘‘: other conference matters, may not exceed or award recipient; or Provided further,’’ and all that follows $12,000,000. (3) spent on a congressionally directed through ‘‘technologies’’ on line 20. spending item, as defined by Rule XLIV of SA 2247. Mr. COBURN submitted an the Standing Rules of the Senate, not sub- SA 2245. Mr. COBURN submitted an amendment intended to be proposed by jected to merit-based competitive proce- amendment intended to be proposed to him to the bill H.R. 2997, making ap- dures, needs-based criteria, and other proce- amendment SA 1908 submitted by Mr. propriations for Agriculture, Rural De- dures specifically authorized by law to select KOHL (for himself and Mr. BROWNBACK) velopment, Food and Drug Administra- the grantee to perform the activity to be to the bill H.R. 2997, making appropria- provided by the congressionally directed tion, and Related Agencies programs spending item. tions for Agriculture, Rural Develop- for the fiscal year ending September 30, (b) This prohibition shall not apply to the ment, Food and Drug Administration, 2010, and for other purposes; which was awarding of contracts or grants with respect and Related Agencies programs for the ordered to lie on the table; as follows: to which— fiscal year ending September 30, 2010, At the appropriate place, insert the fol- (1) no more than one applicant submits a and for other purposes; as follows: lowing: bid for a contract or grant; or (2) Federal law specifically authorizes a Beginning on page 75, strike line 16 and all PROHIBITION ON NO-BID CONTRACTS, GRANTS, grant or contract to be entered into without that follows through page 76, line 3. AND EARMARKS regard for these requirements, including for- SEC. ll. (a) Notwithstanding any other mula grants for States. SA 2246. Mr. COBURN submitted an provision of this Act, none of the funds ap- amendment intended to be proposed to propriated or otherwise made available by SA 2249. Mrs. HUTCHISON submitted amendment SA 2226 proposed by Mr. this Act may be— an amendment intended to be proposed NELSON of Florida (for himself, Mr. (1) used to make any payment in connec- to amendment SA 1908 submitted by tion with a contract not awarded using com- REID, and Mr. MARTINEZ) to the amend- Mr. KOHL (for himself and Mr. BROWN- ment SA 1908 submitted by Mr. KOHL petitive procedures in accordance with the requirements of section 303 of the Federal BACK) to the bill H.R. 2997, making ap- (for himself and Mr. BROWNBACK) to the Property and Administrative Services Act of propriations for Agriculture, Rural De- bill H.R. 2997, making appropriations 1949 (41 U.S.C. 253), section 2304 of title 10, velopment, Food and Drug Administra- for Agriculture, Rural Development, United States Code, and the Federal Acquisi- tion, and Related Agencies programs Food and Drug Administration, and tion Regulation; for the fiscal year ending September 30, Related Agencies programs for the fis- (2) awarded by grant not subjected to 2010, and for other purposes; which was cal year ending September 30, 2010, and merit-based competitive procedures, needs- ordered to lie on the table; as follows: based criteria, and other procedures specifi- for other purposes; as follows: On page 85, between lines 16 and 17, insert cally authorized by law to select the grantee In lieu of the matter proposed to be in- the following: or award recipient; or serted, insert the following: SEC. 7ll. (a) The Senate finds that— (3) spent on a congressionally directed SEC. 7ll. (a) In this section, the term (1) agriculture is a national security con- spending item, as defined by Rule XLIV of ‘‘conference’’ means a meeting that— cern; the Standing Rules of the Senate, not sub- (1) is held for consultation, education, (2) the United States suffers from periodic jected to merit-based competitive proce- awareness, or discussion; disasters which affects the food and fiber dures, needs-based criteria, and other proce- (2) includes participants who are not all supply of the United States; dures specifically authorized by law to select employees of the same agency; (3) the Food, Conservation, and Energy Act the grantee to perform the activity to be (3) is not held entirely at an agency facil- of 2008 (7 U.S.C. 8701 et seq.) established 5 provided by the congressionally directed ity; permanent disaster programs to deliver spending item. (4) involves costs associated with travel timely and immediate assistance to agricul- (b) This prohibition shall not apply to the and lodging for some participants; and tural producers recovering from losses; awarding of contracts or grants with respect (5) is sponsored by 1 or more agencies, 1 or (4) as of the date of enactment of this Act, to which— more organizations that are not agencies, or of those 5 disaster programs— (1) no more than one applicant submits a a combination of such agencies or organiza- (A) none are available, finalized, and im- bid for a contract or grant; or tions. plemented to deliver urgently needed assist- (2) Federal law specifically authorizes a (b) Not later than September 30, 2011, the ance for 2009 producer losses; and grant or contract to be entered into without Secretary of Agriculture shall submit to the (B) only 1 is being implemented for 2008 regard for these requirements, including for- appropriate committees of Congress and post losses; mula grants for States. on the public Internet website of the Depart- (5) Texas producers are suffering from 1 of ment of Agriculture (referred to in this sec- Mr. COBURN submitted an the worst droughts since the 1920’s and need tion as the ‘‘Department’’) in a searchable, SA 2248. immediate relief; and electronic format, a report on each con- amendment intended to be proposed to (6) the Secretary of Agriculture has pre- ference for which the Department paid travel amendment SA 1908 submitted by Mr. viously authorized various forms of disaster expenses during fiscal year 2010 that in- KOHL (for himself and Mr. BROWNBACK) assistance by providing funding under sec- cludes— to the bill H.R. 2997, making appropria- tion 32 of the Act of August 24, 1935 (7 U.S.C.

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612c), and through the Commodity Credit On page 85, between lines 16 and 17, insert Mr. LIEBERMAN, and Mr. REED) sub- Corporation. the following: mitted an amendment intended to be (b) It is the sense of the Senate that the SEC. 7ll. Not later than 60 days after the proposed to amendment SA 1908 sub- Secretary of Agriculture should use all of date of enactment of this Act, the Adminis- mitted by Mr. KOHL (for himself and the discretionary authority available to the trator of the Foreign Agricultural Service Secretary to make available immediate re- shall submit to the appropriate committees Mr. BROWNBACK) to the bill H.R. 2997, lief and assistance for agricultural producers of Congress a report that describes the sta- making appropriations for Agriculture, suffering losses as a result of the 2009 tus of the reorganization of the Foreign Ag- Rural Development, Food and Drug Ad- droughts. ricultural Service and any future plans of ministration, and Related Agencies the Administrator to modify office struc- programs for the fiscal year ending SA 2250. Mr. DEMINT submitted an tures to meet existing, emerging, and new priorities. September 30, 2010, and for other pur- amendment intended to be proposed by poses; which was ordered to lie on the him to the bill H.R. 2997, making ap- SA 2254. Mr. CHAMBLISS submitted table; as follows: propriations for Agriculture, Rural De- an amendment intended to be proposed On page 85, between lines 16 and 17, insert velopment, Food and Drug Administra- to amendment SA 1908 submitted by the following: tion, and Related Agencies programs Mr. KOHL (for himself and Mr. BROWN- SEC. 7ll. Notwithstanding any other pro- for the fiscal year ending September 30, BACK) to the bill H.R. 2997, making ap- vision of law and until the receipt of the de- 2010, and for other purposes; which was propriations for Agriculture, Rural De- cennial census in the year 2010, the Sec- ordered to lie on the table; as follows: velopment, Food and Drug Administra- retary of Agriculture may fund community facility and water and waste disposal At the appropriate place, insert the fol- tion, and Related Agencies programs projects of communities and municipal dis- lowing: for the fiscal year ending September 30, tricts and areas in Connecticut, Massachu- SEC. 7ll. Notwithstanding any other pro- 2010, and for other purposes; as follows: setts, and Rhode Island that have been con- vision of this Act, each amount provided to On page 85, between lines 16 and 17, insert sidered eligible for funding by the appro- the Secretary of Agriculture under the the following: priate rural development field office of the American Recovery and Reinvestment Act of SEC. 7ll. None of the funds made avail- Department of Agriculture at some time dur- 2009 (Public Law 111–5) that remains unobli- able by this Act may be used to pay the sala- ing the past fiscal year. gated as of the date of enactment of this Act ries and expenses of any employee of the De- is reduced by the pro rata percentage re- partment of Agriculture to assess any agen- SA 2257. Mr. NELSON of Nebraska quired to reduce the total unobligated cy any greenbook charge or to use any funds amount provided to the Secretary by that acquired through an assessment of submitted an amendment intended to Act by $6,475,000,000. greenbook charges made prior to the date of be proposed to amendment SA 1908 sub- enactment of this Act. mitted by Mr. KOHL (for himself and SA 2251. Mr. DEMINT submitted an Mr. BROWNBACK) to the bill H.R. 2997, amendment intended to be proposed by SA 2255. Mr. VITTER submitted an making appropriations for Agriculture, him to the bill H.R. 2997, making ap- amendment intended to be proposed to Rural Development, Food and Drug Ad- propriations for Agriculture, Rural De- amendment SA 1908 submitted by Mr. ministration, and Related Agencies velopment, Food and Drug Administra- KOHL (for himself and Mr. BROWNBACK) programs for the fiscal year ending tion, and Related Agencies programs to the bill H.R. 2997, making appropria- September 30, 2010, and for other pur- for the fiscal year ending September 30, tions for Agriculture, Rural Develop- poses; which was ordered to lie on the 2010, and for other purposes; which was ment, Food and Drug Administration, table; as follows: and Related Agencies programs for the ordered to lie on the table; as follows: On page 80, between lines 22 and 23, insert fiscal year ending September 30, 2010, At the appropriate place, insert the fol- the following: lowing: and for other purposes; as follows: (c)(1) Section 531(c)(2) of the Federal Crop SEC. ll. Notwithstanding any other pro- On page 85, between lines 16 and 17, insert Insurance Act (7 U.S.C. 1531(c)(2)) is amended vision of this Act, provisions of this Act re- the following: by inserting before the period at the end the quiring that funds be for the purposes, and in SEC. 7ll. The Commissioner of Food and following: ‘‘using, in the case of beef cattle, the amounts, specified in the table titled Drugs, in consultation with the Adminis- 3 weight classes consisting of less than 400 ‘‘Congressionally Designated Projects’’ in trator of the National Oceanic and Atmos- pounds, 400 pounds or more but less than 800 the report to accompany this Act shall have pheric Administration, shall conduct a study pounds, and 800 pounds or more’’. no force or effect. and, not later than 240 days after the date of (2) Section 901(c)(2) of the Trade Act of 1974 enactment of this Act, submit a report to (19 U.S.C. 2497(c)(2)) is amended by inserting Congress on the technical challenges associ- SA 2252. Mr. DEMINT submitted an before the period at the end the following: ated with inspecting imported seafood. The amendment intended to be proposed by ‘‘using, in the case of beef cattle, 3 weight study and report shall— classes consisting of less than 400 pounds, 400 him to the bill H.R. 2997, making ap- (1) provide information on the status of propriations for Agriculture, Rural De- pounds or more but less than 800 pounds, and seafood importation, including— 800 pounds or more’’. velopment, Food and Drug Administra- (A) the volume of seafood imported into (3) The amendments made by this sub- tion, and Related Agencies programs the United States annually, by product and section take effect on June 18, 2008. for the fiscal year ending September 30, country of origin; 2010, and for other purposes; which was (B) the number of physical inspections of SA 2258. Mr. NELSON of Nebraska ordered to lie on the table; as follows: imported seafood products conducted annu- submitted an amendment intended to ally, by product and country of origin; and At the appropriate place, insert the fol- (C) a listing of the United States ports of be proposed to amendment SA 1908 sub- lowing: entry for seafood imports by volume; mitted by Mr. KOHL (for himself and SEC. 7ll. Notwithstanding any other pro- (2) provide information on imported sea- Mr. BROWNBACK) to the bill H.R. 2997, vision of this Act, each amount provided by food products, by product and country of ori- making appropriations for Agriculture, this Act is reduced by the pro rata percent- gin, that do not meet standards as set forth Rural Development, Food and Drug Ad- age required to reduce the total amount pro- in the applicable food importation law, in- ministration, and Related Agencies vided by this Act by $234,128,000. cluding the reason for which each such prod- programs for the fiscal year ending uct does not meet such standards; September 30, 2010, and for other pur- SA 2253. Mr. CHAMBLISS (for him- (3) identify the fish, crayfish, shellfish, and self and Mr. HARKIN) submitted an other sea species most susceptible to viola- poses; which was ordered to lie on the amendment intended to be proposed to tions of the applicable food importation law; table; as follows: amendment SA 1908 submitted by Mr. (4) identify the aquaculture and On page 80, between lines 22 and 23, insert KOHL (for himself and Mr. BROWNBACK) mariculture practices that are of greatest the following: to the bill H.R. 2997, making appropria- concern to human health; and (c) In determining the market value of the tions for Agriculture, Rural Develop- (5) suggest methods for improving import applicable beef cattle on the day before the inspection policies and procedures to protect death of the beef cattle under section ment, Food and Drug Administration, consumers in the United States. 531(c)(2) of the Federal Crop Insurance Act (7 and Related Agencies programs for the U.S.C. 1531(c)(2)) and section 901(c)(2) of the fiscal year ending September 30, 2010, SA 2256. Mr. DODD (for himself, Mr. Trade Act of 1974 (19 U.S.C. 2497(c)(2)), the and for other purposes; as follows: KENNEDY, Mr. KERRY, Mr. WHITEHOUSE, Secretary of Agriculture shall use 3 weight

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.001 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20615 classes for the beef cattle consisting of less collaborate and consult with, and provide vided further, That the Director of the Office than 400 pounds, 400 pounds or more but less technical assistance and data to, other ap- of Advocacy and Outreach shall not be re- than 800 pounds, and 800 pounds or more. propriate Federal agencies conducting any quired to report to any Assistant Secretary oversight, investigation, or other action to or Undersecretary of the Department of Ag- SA 2259. Ms. LANDRIEU submitted improve or ensure fair competition in agri- riculture. an amendment intended to be proposed culture and related industries, such as over- On page 6, line 3, strike ‘‘$41,319,000’’ and sight of markets, antitrust examinations, or to amendment SA 1908 submitted by insert ‘‘$38,319,000’’. Mr. KOHL (for himself and Mr. BROWN- examinations of disparities between farm BACK) to the bill H.R. 2997, making ap- and retail prices. propriations for Agriculture, Rural De- SA 2263. Mr. SCHUMER (for himself, SA 2261. Mr. FEINGOLD (for himself velopment, Food and Drug Administra- Mr. SANDERS, Ms. KLOBUCHAR, Mrs. and Mrs. GILLIBRAND) submitted an tion, and Related Agencies programs GILLIBRAND, Mrs. MURRAY, Ms. SNOWE, amendment intended to be proposed to for the fiscal year ending September 30, and Mrs. SHAHEEN) submitted an amendment SA 1908 submitted by Mr. 2010, and for other purposes; as follows: amendment intended to be proposed to KOHL (for himself and Mr. BROWNBACK) On page 85, between lines 16 and 17, insert amendment SA 1908 submitted by Mr. the following: to the bill H.R. 2997, making appropria- KOHL (for himself and Mr. BROWNBACK) SEC. l745. REPORT ON TOURISM FOR RURAL tions for Agriculture, Rural Develop- to the bill H.R. 2997, making appropria- COMMUNITIES. ment, Food and Drug Administration, tions for Agriculture, Rural Develop- (a) IN GENERAL.—Not later than 1 year and Related Agencies programs for the ment, Food and Drug Administration, after the date of the enactment of this Act, fiscal year ending September 30, 2010, and Related Agencies programs for the the Secretary of Agriculture, in consultation and for other purposes; which was or- fiscal year ending September 30, 2010, with the Administrator of the Small Busi- dered to lie on the table; as follows: ness Administration and the Director of the and for other purposes; which was or- Office of Travel and Tourism Industries of On page 24, line 20, before the period at the dered to lie on the table; as follows: the Department of Commerce, shall report to end insert the following: ‘‘: Provided further, That the Administrator of the Farm Service On page 85, between lines 16 and 17, insert the Committees on Appropriations of the the following: House of Representatives and of the Senate Agency shall provide appropriate technical on developing the tourism potential of rural assistance and other support (including col- SEC. 745. MILK IMPORT EQUITY ACT. communities. laborating on farm loan restructuring cri- (a) SHORT TITLE.—This section may be (b) CONTENT OF THE REPORT.—The report teria) for any expansion of the Home Afford- cited as the ‘‘Milk Import Tariff Equity required by subsection (a) shall— able Modification Program of the Depart- Act’’. ment of the Treasury to cover farm loans or (1) identify existing Federal programs that (b) IMPOSITION OF TARIFF-RATE QUOTAS ON similar new voluntary or mandatory pro- provide assistance to rural small businesses CERTAIN CASEIN AND MILK CONCENTRATES.— grams for farm loan foreclosure mitigation in developing tourism marketing and pro- (1) CASEIN AND CASEIN PRODUCTS.— or restructuring by recipients of funds under motion plans relating to tourism in rural (A) IN GENERAL.—The Additional U.S. notes the Troubled Asset Relief Program estab- areas; to chapter 35 of the Harmonized Tariff lished under title I of the Emergency Eco- (2) identify existing Federal programs that Schedule of the United States are amended— nomic Stabilization Act of 2008 (12 U.S.C. assist rural small business concerns in ob- (i) by striking ‘‘Additional U.S. Note’’ and 5211 et seq.) or commercial lenders in gen- taining capital for starting or expanding inserting ‘‘Additional U.S. Notes’’; eral’’. businesses primarily serving tourists; and (ii) in note 1, by striking ‘‘subheading (3) include recommendations, if any, for 3501.10.10’’ and inserting ‘‘subheadings improving existing programs or creating new SA 2262. Mr. FEINGOLD submitted an amendment intended to be proposed 3501.10.05, 3501.10.15, and 3501.10.20’’; and Federal programs that may benefit tourism (iii) by adding at the end the following new in rural communities. to amendment SA 1908 submitted by note: Mr. KOHL (for himself and Mr. BROWN- SA 2260. Mr. FEINGOLD (for himself, ‘‘2. The aggregate quantity of casein, BACK) to the bill H.R. 2997, making ap- caseinates, milk protein concentrate, and Mr. SANDERS, Mr. KOHL Mr. SCHUMER, propriations for Agriculture, Rural De- other casein derivatives entered under sub- and Mr. GRASSLEY) submitted an velopment, Food and Drug Administra- headings 3501.10.15, 3501.10.65, and 3501.90.65 in amendment intended to be proposed to tion, and Related Agencies programs any calendar year shall not exceed 55,477,000 amendment SA 1908 submitted by Mr. for the fiscal year ending September 30, kilograms. Articles the product of Mexico KOHL (for himself and Mr. BROWNBACK) 2010, and for other purposes; which was shall not be permitted or included under this to the bill H.R. 2997, making appropria- ordered to lie on the table; as follows: quantitative limitation and no such article shall be classifiable therein.’’. tions for Agriculture, Rural Develop- On page 2, between lines 20 and 21, insert (B) RATES FOR CERTAIN CASEINS, ment, Food and Drug Administration, the following: CASEINATES, AND OTHER DERIVATIVES AND and Related Agencies programs for the OFFICE OF ADVOCACY AND OUTREACH GLUES.—Chapter 35 of the Harmonized Tariff fiscal year ending September 30, 2010, For necessary expenses to establish and op- Schedule of the United States is amended by and for other purposes; which was or- erate the Office of Advocacy and Outreach striking subheadings 3501.10 through dered to lie on the table; as follows: within executive operations, $3,000,000: Pro- 3501.90.60 and inserting the following new On page 85, between lines 16 and 17, insert vided, That the same amount of funds is pro- subheadings, with the article descriptions for the following: vided to each of the Socially Disadvantaged subheadings 3501.10 and 3501.90 having the SEC. ll. The Secretary of Agriculture Farmers Group and the Small Farms and Be- same degree of indentation as the article de- shall, to the maximum extent practicable, ginning Farmers and Ranchers Group: Pro- scription for subheading 3502.20.00:

‘‘ 3501.10 Casein: Milk protein concentrate: 3501.10.05 Described in general note 15 of the tariff schedule and entered pursuant to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, MX, SG) 0.3¢/kg (AU) 12¢/kg 3501.10.15 Described in additional U.S. note 2 to this chapter and entered according to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, SG) 0.3¢/kg (AU) 12¢/kg 3501.10.20 Other ...... $2.16/kg Free (MX) $2.81/kg Other: 3501.10.55 Suitable only for industrial uses other than the manufacture of food for humans or other animals or as ingredients in such food Free Free Other:

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3501.10.60 Described in general note 15 of the tariff schedule and entered pursuant to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, MX, SG) 0.3¢/kg (AU) 12¢/kg 3501.10.65 Described in additional U.S. note 2 to this chapter and entered according to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, SG) 0.3¢/kg (AU) 12¢/kg 3501.10.70 Other ...... $2.16/kg Free (MX) $2.81/kg 3501.90 Other: 3501.90.05 Casein glues ...... 6% Free (A*, CA, CL, E, IL, J, JO, MX) 3% (SG) 4.5% (AU) 30% Other: 3501.90.30 Suitable only for industrial uses other than the manufacture of food for humans or other animals or as ingredients in such food 6% Free (A*, CA, CL, E, IL, J, JO, MX, SG) 0.3¢/kg (AU) 30% Other: ...... 3501.90.55 Described in general note 15 of the tariff schedule and entered pursuant to its provisions ...... 0.37¢/kg Free (A*, CA, CL E, IL, J, JO, MX, SG) 0.3¢/kg (AU) 12.1¢/kg 3501.90.65 Described in additional U.S. note 2 to this chapter and entered according to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, SG) 0.3¢/kg (AU) 12.1¢/kg 3501.90.70 Other ...... $2.16/kg Free (MX) $2.81/kg ’’.

(2) MILK PROTEIN CONCENTRATES.— 0404.90.15 in any calendar year shall not ex- new subheadings, with the article descrip- (A) IN GENERAL.—The Additional U.S. notes ceed 18,488,000 kilograms. Articles the prod- tion for subheading 0404.90 having the same to chapter 4 of the Harmonized Tariff Sched- uct of Mexico shall not be permitted or in- degree of indentation as the article descrip- ule of the United States are amended— cluded under this quantitative limitation tion for subheading 0404.10 and with the arti- (i) in note 13, by striking ‘‘subheading and no such article shall be classifiable cle descriptions for subheadings 0404.90.05, 0404.90.10’’ and inserting ‘‘subheadings therein.’’. 0404.90.15, and 0404.90.20 having the same de- ATES FOR CERTAIN MILK PROTEIN CON- 0404.90.05, 0404.90.15, and 0404.90.20’’; and (B) R gree of indentation as the article description CENTRATES.—Chapter 4 of the Harmonized (ii) by adding at the end the following new for subheading 0405.20.40: note: Tariff Schedule of the United States is ‘‘27. The aggregate quantity of milk pro- amended by striking subheadings 0404.90 tein concentrates entered under subheading through 0404.90.10 and inserting the following

‘‘ 0404.90 Other: Milk protein concentrates: 0404.90.05 Described in general note 15 of the tariff schedule and entered pursuant to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, MX, SG) 0.3¢/kg (AU) 12¢/kg 0404.90.15 Described in additional U.S. note 27 to this chapter and entered pursuant to its provisions ...... 0.37¢/kg Free (A*, CA, CL, E, IL, J, JO, SG) 0.3¢/kg (AU) 12¢/kg 0404.90.20 Other ...... $1.56/kg Free (MX) $2.02/kg ’’. (3) EFFECTIVE DATE.— the aggregate amount of milk protein con- any general rate of duty to a rate which is (A) IN GENERAL.—The amendments made centrates entered under subheading 0404.90.15 less than 70 percent of the existing general by this section apply to goods entered, or shall not exceed an amount equal to 50,652 rate of duty. withdrawn from warehouse for consumption, kilograms multiplied by the number of cal- (B) SPECIAL RULE FOR CERTAIN DUTY REDUC- on or after the first day of the first month endar days remaining in such year beginning TIONS.—If the general rate of duty in effect is after the date that is 90 days after the date with such effective date. an intermediate stage under an agreement in (c) COMPENSATION AUTHORITY.— of the enactment of this Act. effect before August 6, 2002, under section (1) IN GENERAL.—If the provisions of sub- (B) TRANSITIONAL PROVISIONS.— 1102(a) of the Omnibus Trade and Competi- section (b) require, the President— (i) CHAPTER 35.—Notwithstanding the (A) may enter into a trade agreement with tiveness Act of 1988 or under an agreement amendments made by paragraph (1), in the any foreign country or instrumentality for entered into under section 2103 (a) or (b) of case of any calendar year that includes the the purpose of granting new concessions as the Bipartisan Trade Promotion Authority effective date described in subparagraph (A), compensation in order to maintain the gen- Act of 2002, the proclamation made pursuant the aggregate amount of casein, caseinates, eral level of reciprocal and mutually advan- to paragraph (1) may provide for the reduc- milk protein concentrate, and other casein tageous concessions; and tion of each general rate of duty at each derivatives entered under subheadings (B) may proclaim such modification or such stage by not more than 30 percent of 3501.10.15, 3501.10.65, and 3501.90.65 shall not continuance of any general rate of duty, or such general rate of duty, and may provide exceed an amount equal to 151,992 kilograms such continuance of duty-free or excise for a final general rate of duty which is not multiplied by the number of calendar days treatment, or any quantitative limitation, less than 70 percent of the general rate of remaining in such year beginning with such as the President determines to be required or duty proclaimed as the final stage under effective date. appropriate to carry out any such agree- such agreement. (ii) CHAPTER 4.—Notwithstanding the ment. (C) ROUNDING.—If the President determines amendments made by paragraph (2), in the (2) LIMITATIONS.— that such action will simplify the computa- case of any calendar year that includes the (A) IN GENERAL.—No proclamation shall be tion of the amount of duty computed with effective date described in subparagraph (A), made pursuant to paragraph (1) decreasing

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20617 respect to an article, the President may ex- amendment SA 1908 submitted by Mr. and Related Agencies programs for the ceed the limitations provided in subpara- KOHL (for himself and Mr. BROWNBACK) fiscal year ending September 30, 2010, graphs (A) and (B) by not more than the less- to the bill H.R. 2997, making appropria- and for other purposes; which was or- er of— tions for Agriculture, Rural Develop- dered to lie on the table; as follows: (i) the difference between such limitation and the next lower whole number, or ment, Food and Drug Administration, On page 52, lines 22 and (23), strike (ii) one-half of 1 percent ad valorem. and Related Agencies programs for the ‘‘$16,799,584,000, to remain available through fiscal year ending September 30, 2010, September 30, 2011,’’ and insert SA 2264. Ms. STABENOW (for herself, and for other purposes; which was or- ‘‘$16,802,084,000, to remain available through Mr. CASEY, and Mr. SANDERS) sub- dered to lie on the table; as follows: September 30, 2011, of which $2,500,000 shall be used to carry out the school community mitted an amendment intended to be On page 59, line 22, strike ‘‘$2,995,218,000’’ proposed to amendment SA 1908 sub- garden pilot program established under sec- and insert ‘‘$2,996,218,000, of which $1,000,000 tion 18(g)(3) of the Richard B. Russell Na- mitted by Mr. KOHL (for himself and shall be used by the Center for Food Safety tional School Lunch Act (42 U.S.C. 1769(g)(3)) Mr. BROWNBACK) to the bill H.R. 2997, and Applied Nutrition to conduct a study on and shall be derived by transfer of the making appropriations for Agriculture, obesity and report the results of the study to amount made available under the heading Congress and shall be derived by transfer of Rural Development, Food and Drug Ad- ‘ANIMAL AND PLANT HEALTH INSPECTION the amount made available under the head- ministration, and Related Agencies SERVICE’ of title I for the National Animal ing ‘ANIMAL AND PLANT HEALTH INSPECTION Identification program’’. programs for the fiscal year ending SERVICE’ of title I for the National Animal September 30, 2010, and for other pur- Identification program’’. SA 2272. Mr. SANDERS submitted an poses; which was ordered to lie on the amendment intended to be proposed to table; as follows: SA 2268. Mr. SANDERS submitted an amendment SA 1908 submitted by Mr. On page 55, lines 3 through 5, strike amendment intended to be proposed to KOHL (for himself and Mr. BROWNBACK) ‘‘$233,388,000, to remain available through amendment SA 1908 submitted by Mr. September 30, 2011: Provided,’’ and insert KOHL (for himself and Mr. BROWNBACK) to the bill H.R. 2997, making appropria- ‘‘$250,570,000, to remain available through to the bill H.R. 2997, making appropria- tions for Agriculture, Rural Develop- September 30, 2011: Provided, That $180,000,000 tions for Agriculture, Rural Develop- ment, Food and Drug Administration, of that amount is used to carry out the com- ment, Food and Drug Administration, and Related Agencies programs for the modity supplemental food program estab- fiscal year ending September 30, 2010, lished under section 5 of the Agriculture and and Related Agencies programs for the fiscal year ending September 30, 2010, and for other purposes; which was or- Consumer Protection Act of 1973 (7 U.S.C. dered to lie on the table; as follows: 612c note; Public Law 93–86): Provided further, and for other purposes; which was or- That it is the sense of the Senate that the dered to lie on the table; as follows: On page 55, after line 21, add the following: Secretary of Agriculture should use a por- On page 24, line 24, strike ‘‘$4,369,000’’ and DAIRY PRODUCT PRICE SUPPORT PROGRAM tion of the funds to expand the commodity insert ‘‘$6,369,000’’. For the purposes described in section supplemental food program to 6 approved but 1501(c) of the Food, Conservation, and En- unfunded State programs: Provided further,’’. SA 2269. Mr. SANDERS submitted an ergy Act of 2008 (7 U.S.C. 8771(c)), $400,000,000. amendment intended to be proposed to SA 2265. Mr. SANDERS submitted an amendment SA 1908 submitted by Mr. SA 2273. Mr. SANDERS submitted an amendment intended to be proposed to KOHL (for himself and Mr. BROWNBACK) amendment intended to be proposed to amendment SA 1908 submitted by Mr. to the bill H.R. 2997, making appropria- amendment SA 1908 submitted by Mr. KOHL (for himself and Mr. BROWNBACK) tions for Agriculture, Rural Develop- KOHL (for himself and Mr. BROWNBACK) to the bill H.R. 2997, making appropria- ment, Food and Drug Administration, to the bill H.R. 2997, making appropria- tions for Agriculture, Rural Develop- and Related Agencies programs for the tions for Agriculture, Rural Develop- ment, Food and Drug Administration, fiscal year ending September 30, 2010, ment, Food and Drug Administration, and Related Agencies programs for the and for other purposes; which was or- and Related Agencies programs for the fiscal year ending September 30, 2010, dered to lie on the table; as follows: fiscal year ending September 30, 2010, and for other purposes; which was or- On page 24, line 24, strike ‘‘$4,369,000’’ and and for other purposes; which was or- dered to lie on the table; as follows: insert ‘‘$6,369,000, of which $2,000,000 shall be dered to lie on the table; as follows: On page 53, line 7, before the period, insert derived by transfer of the amount made On page 55, after line 21, add the following: the following: ‘‘: Provided further, That each available under the heading ‘ANIMAL AND DAIRY PRODUCT PRICE SUPPORT PROGRAM school or institution located in the State of PLANT HEALTH INSPECTION SERVICE’ for the For the purposes described in section 1501 Vermont that is participating in the summer National Animal Identification program’’. food service program for children, the child of the Food, Conservation, and Energy Act of and adult care food program, the school SA 2270. Mr. SANDERS submitted an 2008 (7 U.S.C. 8771), $400,000,000. lunch program, or the school breakfast pro- amendment intended to be proposed to SA 2274. Mr. SANDERS submitted an gram shall be considered eligible to elect amendment SA 1908 submitted by Mr. commodity letters of credit in lieu of enti- amendment intended to be proposed to KOHL (for himself and Mr. BROWNBACK) tlement commodities in accordance with sec- amendment SA 1908 submitted by Mr. tion 18(b) of the Richard B. Russell National to the bill H.R. 2997, making appropria- KOHL (for himself and Mr. BROWNBACK) School Lunch Act (42 U.S.C. 1769(b))’’. tions for Agriculture, Rural Develop- to the bill H.R. 2997, making appropria- ment, Food and Drug Administration, tions for Agriculture, Rural Develop- Mr. SANDERS submitted an SA 2266. and Related Agencies programs for the ment, Food and Drug Administration, amendment intended to be proposed to fiscal year ending September 30, 2010, and Related Agencies programs for the amendment SA 1908 submitted by Mr. and for other purposes; which was or- fiscal year ending September 30, 2010, KOHL (for himself and Mr. BROWNBACK) dered to lie on the table; as follows: and for other purposes; which was or- to the bill H.R. 2997, making appropria- On page 53, line 7, before the period, insert dered to lie on the table; as follows: tions for Agriculture, Rural Develop- the following: ‘‘: Provided further, That of the On page 55, after line 21, add the following: ment, Food and Drug Administration, total amount available, $2,500,000 shall be and Related Agencies programs for the used to carry out the school community gar- DAIRY PRODUCT PRICE SUPPORT PROGRAM fiscal year ending September 30, 2010, den pilot program established under section For the purposes described in section and for other purposes; which was or- 18(g)(3) of the Richard B. Russell National 1501(c) of the Food, Conservation, and En- ergy Act of 2008 (7 U.S.C. 8771(c)), $350,000,000. dered to lie on the table; as follows: School Lunch Act (42 U.S.C. 1769(g)(3))’’. On page 60, line 24, before the semicolon, SA 2271. Mr. SANDERS submitted an SA 2275. Mr. SANDERS submitted an insert the following: ‘‘, of which $1,000,000 amendment intended to be proposed to amendment intended to be proposed to shall be used by the Center to conduct a amendment SA 1908 submitted by Mr. amendment SA 1908 submitted by Mr. study of obesity and report the results of the study to Congress’’. KOHL (for himself and Mr. BROWNBACK) KOHL (for himself and Mr. BROWNBACK) to the bill H.R. 2997, making appropria- to the bill H.R. 2997, making appropria- SA 2267. Mr. SANDERS submitted an tions for Agriculture, Rural Develop- tions for Agriculture, Rural Develop- amendment intended to be proposed to ment, Food and Drug Administration, ment, Food and Drug Administration,

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00057 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20618 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 and Related Agencies programs for the pound limitation in paragraph (2)(A) of that ‘‘(F) RELEASE OF INFORMATION.—Notwith- fiscal year ending September 30, 2010, subsection shall be the pro rata share of standing any other provision of law, the Sec- and for other purposes; which was or- 5,960,000 pounds for each fiscal year. retary may authorize State educational (c) For purposes of Senate enforcement, dered to lie on the table; as follows: agencies and school food authorities admin- this section is designated as an emergency istering a school meal program under the On page 24, line 12, strike ‘‘$1,253,777,000’’ requirement and necessary to meet emer- Richard B. Russell National School Lunch and insert ‘‘$1,653,777,000’’. gency needs pursuant to section 403 of S. Act (42 U.S.C. 1751 et seq.) or the Child Nutri- Con. Res. 13 (111th Congress), the concurrent Mr. SANDERS submitted an tion Act of 1966 (42 U.S.C. 1771 et seq.) to re- SA 2276. resolution on the budget for fiscal year 2010. lease to appropriate officials administering amendment intended to be proposed to the supplemental nutrition assistance pro- amendment SA 1908 submitted by Mr. SA 2279. Mr. KOHL submitted an gram such information regarding children KOHL (for himself and Mr. BROWNBACK) amendment intended to be proposed to who are or may be eligible for free or reduced to the bill H.R. 2997, making appropria- amendment SA 1908 submitted by Mr. price school meals as may be necessary to tions for Agriculture, Rural Develop- KOHL (for himself and Mr. BROWNBACK) carry out this paragraph. ment, Food and Drug Administration, to the bill H.R. 2997, making appropria- ‘‘(G) WAIVERS.—In carrying out this para- and Related Agencies programs for the tions for Agriculture, Rural Develop- graph, the Secretary may approve waivers of fiscal year ending September 30, 2010, ment, Food and Drug Administration, the reporting requirements otherwise appli- and Related Agencies programs for the cable under subsection (f), limits on certifi- and for other purposes; which was or- cation periods otherwise applicable under dered to lie on the table; as follows: fiscal year ending September 30, 2010, and for other purposes; which was or- section 3(f), and other administrative re- On page 24, line 12, strike ‘‘$1,253,777,000’’ quirements otherwise applicable to State and insert ‘‘$1,603,777,000’’. dered to lie on the table; as follows: agencies. On page 85, between lines 16 and 17, insert ‘‘(H) TERMINATION OF AUTHORITY.—This SA 2277. Mr. SANDERS submitted an the following: paragraph shall be effective only for fiscal amendment intended to be proposed to SEC. 7ll. (a) Section 5(h) of the Food and year 2010.’’. Nutrition Act of 2008 (7 U.S.C. 2014(h)) is amendment SA 1908 submitted by Mr. (b) EMERGENCY PURCHASE AUTHORITY.— amended by adding at the end the following: OHL ROWNBACK Section 32 of the Act of August 24, 1935 (7 K (for himself and Mr. B ) ‘‘(4) NUTRITION ASSISTANCE BENEFITS DUR- U.S.C. 612c) is amended— to the bill H.R. 2997, making appropria- ING PUBLIC HEALTH EMERGENCY.— (1) by striking ‘‘Sec. 32. There’’ and insert- tions for Agriculture, Rural Develop- ‘‘(A) DEFINITIONS.— ing the following: ment, Food and Drug Administration, ‘‘(i) ELIGIBLE CHILD.—The term ‘eligible and Related Agencies programs for the child’ means a child (as defined in section ‘‘SEC. 32. COMMODITY BENEFITS. fiscal year ending September 30, 2010, 12(d) of the Richard B. Russell National ‘‘(a) IN GENERAL.—There’’; and (2) by adding at the end the following: and for other purposes; which was or- School Lunch Act (42 U.S.C. 1760(d)) who, if not for the closure of the school attended by ‘‘(b) COMMODITY ASSISTANCE.— dered to lie on the table; as follows: the child due to a public health emergency, ‘‘(1) IN GENERAL.—The Secretary may use On page 29, between lines 8 and 9, insert would receive free or reduced price school funds made available under this section to the following: meals under the Richard B. Russell National purchase commodities for emergency dis- DAIRY PRODUCT PRICE SUPPORT PROGRAM School Lunch Act (42 U.S.C. 1751 et seq.) and tribution in any area of the United States— For the Secretary to increase the purchase the Child Nutrition Act of 1966 (42 U.S.C. 1771 ‘‘(A) in the event of a declaration of public prices under section 1501(c) of the Food, Con- et seq.) at the school. health emergency under section 319 of the servation, and Energy Act of 2008 (7 U.S.C. ‘‘(ii) PUBLIC HEALTH EMERGENCY.—The term Public Health Service Act (42 U.S.C. 247d); 8771(c)) of cheddar cheese in blocks, cheddar ‘public health emergency’ means the dec- and cheese in barrels, and nonfat dry milk to not laration of a public health emergency by the ‘‘(B) on receipt of information from State less than $1.40, $1.37, and $0.97 per pound, re- Secretary of Health and Human Services agencies demonstrating that the situation spectively, $400,000,000. under section 319 of the Public Health Serv- warrants the distribution of the commod- ice Act (42 U.S.C. 247d). ities. SA 2278. Mrs. GILLIBRAND (for her- ‘‘(iii) SCHOOL.—The term ‘school’ has the ‘‘(2) TERMINATION OF AUTHORITY.—This sub- self, Mr. SANDERS, and Mr. SPECTER) meaning given the term in section 12(d) of section shall be effective only for fiscal year submitted an amendment intended to the Richard B. Russell National School 2010.’’. Lunch Act (42 U.S.C. 1760(d))). be proposed to amendment SA 1908 sub- (c) OFFSET.—The amendments made by ‘‘(B) EMERGENCY STANDARDS.— subsections (a) and (b) shall be carried out mitted by Mr. KOHL (for himself and ‘‘(i) IN GENERAL.—The Secretary may, after using $2,000,000 derived from a reduction of Mr. BROWNBACK) to the bill H.R. 2997, consultation with the Secretary of Health the amount made available under the head- making appropriations for Agriculture, and Human Services, approve State agency ing ‘‘SALARIES AND EXPENSES’’ under the Rural Development, Food and Drug Ad- plans for temporary emergency standards of heading ‘‘ANIMAL AND PLANT HEALTH INSPEC- ministration, and Related Agencies eligibility and levels of benefits under this TION SERVICE’’ in title I. programs for the fiscal year ending Act for households with eligible children. ‘‘(ii) RELATION TO OTHER LAW.—The Sec- SA 2280. Mr. KOHL submitted an September 30, 2010, and for other pur- retary may promulgate standards under poses; which was ordered to lie on the clause (i) without regard to section 4(c) of amendment intended to be proposed by table; as follows: this Act or section 553 of title 5, United him to the bill H.R. 2997, making ap- On page 85, between lines 16 and 17, insert States Code. propriations for Agriculture, Rural De- the following: ‘‘(C) EMERGENCY PLANS.—Plans approved velopment, Food and Drug Administra- SEC. 7ll. (a) There is appropriated, out of by the Secretary under this paragraph may tion, and Related Agencies programs any funds in the Treasury not otherwise ap- provide for supplemental allotments to for the fiscal year ending September 30, propriated, such funds as are necessary for households receiving benefits under this Act, 2010, and for other purposes; which was the Secretary of Agriculture to carry out the and issuances to households not already re- ordered to lie on the table; as follows: milk income loss contract program under ceiving benefits, through the EBT card sys- section 1506 of the Food, Conservation, and tem established under section 7. At the appropriate place insert the fol- Energy Act of 2008 (7 U.S.C. 8773) for the pe- ‘‘(D) BENEFITS LEVELS.—Assistance pro- lowing: riod beginning on March 1, 2009, and ending vided to a household under this section shall Whereas sudden loss in late 2008 of export- on June 30, 2009, in accordance with this sec- be equivalent to the value of free or reduced market based demand equivalent to about tion. price meals that would have been provided to three percent of domestic milk production (b) In carrying out the milk income loss the eligible children of the household under has thrown the U.S. dairy industry into a contract program during the period de- the Richard B. Russell National School critical supply-demand imbalance; and scribed in subsection (a), the Secretary shall Lunch Act (42 U.S.C. 1751 et seq.) and the Whereas an abrupt decline in U.S. exports use— Child Nutrition Act of 1966 (42 U.S.C. 1771 et was fueled by the onset of the global eco- (1) the payment rate described in section seq.) at the school attended by the eligible nomic crisis combined with resurgence of 1506(c) of the Food, Conservation, and En- children if the school was not closed as a re- milk supplies in Oceania; and ergy Act of 2008 (7 U.S.C. 8773(c)), except that sult of a public health emergency. Whereas the U.S. average all-milk price re- the percentage in paragraph (3) of that sub- ‘‘(E) MINIMUM CLOSURE.—The Secretary ported by the National Agriculture Statis- section shall be 90 percent; and shall not provide assistance under this para- tics Service from January through May of (2) the payment quantity described in sec- graph in the case of a school that is closed 2009, has averaged $4.80 per hundredweight tion 1506(e) of that Act, except that the for less than 5 consecutive days. below the cost of production; and

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Whereas approximately $3.9 billion in dairy SEC. 7ll. (a) The Commissioner of Food ment of Agriculture prior to August 1, 2009, producer equity has been lost since January; and Drugs, in consultation with the Sec- and were determined by the field office to be and retary of Agriculture, shall conduct a study eligible for funding. Whereas anecdotal evidence suggests that on the labeling of personal care products reg- U.S. dairy producers are losing upwards of ulated by the Food and Drug Administration SA 2285. Mr. NELSON of Nebraska $100 per cow per month; and for which organic content claims are made. (for himself, Mr. GRASSLEY, and Mr. Whereas the Food, Conservation, and En- Such study shall include— JOHANNS) submitted an amendment in- ergy Act of 2008 extended the counter-cycli- (1) a survey of personal care products for tended to be proposed by him to the cal Milk Income Loss Contract (MILC) sup- which the word ‘‘organic’’ appears on the port program and instituted a ‘‘feed cost ad- bill H.R. 2997, making appropriations label; and for Agriculture, Rural Development, juster’’ to augment that support; and (2) a determination, based on statistical Whereas the Secretary of Agriculture in sampling of the products identified under Food and Drug Administration, and March transferred approximately 200 million paragraph (1), of the accuracy of such claims. Related Agencies programs for the fis- pounds of nonfat dry milk to USDA’s Food (b) The Commissioner of Food and Drugs cal year ending September 30, 2010, and and Nutrition Service in a move designed to shall— for other purposes; which was ordered remove inventory from the market and sup- (1) not later than 270 days after the date of to lie on the table; as follows: port low-income families; and enactment of this Act, submit to the Com- Whereas the Secretary on March 22nd reac- At the appropriate place, insert the fol- mittees on Agriculture, Nutrition, and For- tivated USDA’s Dairy Export Incentive Pro- lowing: estry, Appropriations, and Health, Edu- gram (DEIP) to help U.S. producers meet SEC. 7ll. (a) The Senate finds that— cation, Labor, and Pensions in the Senate prevailing world prices and develop inter- (1) with livestock producers facing losses and the Committees on Agriculture, Appro- national markets; and from harsh weather in 2008 and continuing to Whereas the Secretary announced on July priations, and Energy and Commerce in the face disasters in 2009, Congress wanted to as- 31, 2009 a temporary increase in the amount House of Representatives a report on the sist livestock producers in recovering losses paid for dairy products through the Dairy findings of the study under subsection (a); more quickly and efficiently than previous Product Price Support Program (DPPSP), an and ad hoc disaster assistance programs; adjustment that is projected to increase (2) provide such Committees with any rec- (2) on June 18, 2008, Congress established dairy farmers’ revenue by $243 million; and ommendations on the need to establish la- the livestock indemnity program under sec- Whereas U.S. dairy producers face unprece- beling standards for personal care products tion 531(c) of the Federal Crop Insurance Act dented challenges that threaten the stability for which organic content claims are made, (7 U.S.C. 1531(c)) and section 901(c) of the of the industry, the nation’s milk production including whether the Food and Drug Ad- Trade Act of 1974 (19 U.S.C. 2497(c)) as a per- infrastructure, and thousands of rural com- ministration should have pre-market ap- manent disaster assistance program to pro- munities: Now, therefore, be it proval authority for personal care product vide livestock producers with payments of 75 Resolved, That it is the sense of the Senate labeling. percent of the fair market value for live- that the Secretary of Agriculture and the stock losses as a result of adverse weather President’s Office of Management and Budg- SA 2283. Mr. DODD (for himself, Mr. such as floods, blizzards, and extreme heat; et should continue to closely monitor the WHITEHOUSE and Mr. LIEBERMAN) sub- (3) on July 13, 2009, the Secretary of Agri- U.S. dairy sector and use all available discre- mitted an amendment intended to be culture promulgated rules for the livestock tionary authority to ensure its long-term proposed to amendment SA 1908 sub- indemnity program that separated non adult health and sustainability. mitted by Mr. KOHL (for himself and beef animals into weight ranges of ‘‘less than 400 pounds’’ and ‘‘400 pounds and more’’; and SA 2281. Mr. FEINGOLD submitted Mr. BROWNBACK) to the bill H.R. 2997, making appropriations for Agriculture, (4) the ‘‘400 pounds and more’’ range would an amendment intended to be proposed fall well short of covering 75 percent market to amendment SA 1908 submitted by Rural Development, Food and Drug Ad- value payment for livestock in these higher Mr. KOHL (for himself and Mr. BROWN- ministration, and Related Agencies ranges that are close to market weight. BACK) to the bill H.R. 2997, making ap- programs for the fiscal year ending (b) It is the sense of the Senate that the propriations for Agriculture, Rural De- September 30, 2010, and for other pur- Secretary of Agriculture— velopment, Food and Drug Administra- poses; which was ordered to lie on the (1) should strive to establish a method- tion, and Related Agencies programs table; as follows: ology to calculate more specific payments to offset the cost of loss for each animal as was for the fiscal year ending September 30, On page 85, between lines 16 and 17, insert intended by Congress for calendar years 2008 2010, and for other purposes; which was the following: through 2011; and SEC. 7 . Notwithstanding any other pro- ordered to lie on the table; as follows: ll (2) should work with groups representing vision of law, the Secretary of Agriculture On page 85, between lines 16 and 17, insert affected livestock producers to come up with may fund community facility and water and the following: this more precise methodology. SEC. 7ll. Section 404 of the Agricultural waste disposal projects of communities and Research, Extension, and Education Reform municipal districts in Connecticut, Massa- SA 2286. Mr. CORKER submitted an Act of 1998 (7 U.S.C. 7624) is amended— chusetts, and Rhode Island that have been amendment intended to be proposed by (1) by striking ‘‘Agricultural Research previously funded by the Secretary and were under construction as of January 1, 2009. him to the bill H.R. 2997, making ap- Service’’ each place it appears and inserting propriations for Agriculture, Rural De- ‘‘Agricultural Research Service and the For- velopment, Food and Drug Administra- est Service’’; and SA 2284. Mr. DODD submitted an (2) in subsection (c), by adding at the end amendment intended to be proposed to tion, and Related Agencies programs the following: amendment SA 1908 submitted by Mr. for the fiscal year ending September 30, ‘‘(3) AUTHORITY OF SECRETARY.—To carry KOHL (for himself and Mr. BROWNBACK) 2010, and for other purposes; which was out a cooperative agreement with a private to the bill H.R. 2997, making appropria- ordered to lie on the table; as follows: entity under paragraph (1), the Secretary tions for Agriculture, Rural Develop- At the appropriate place, insert the fol- may rent to the private entity equipment, ment, Food and Drug Administration, lowing: the title of which is held by the Federal Gov- SEC. ll. REIMBURSEMENT OF AUTOMOBILE ernment.’’. and Related Agencies programs for the fiscal year ending September 30, 2010, DISTRIBUTORS. (a) IN GENERAL.—Notwithstanding any SA 2282. Mr. CARDIN submitted an and for other purposes; which was or- other provision of law, any funds provided by amendment intended to be proposed to dered to lie on the table; as follows: the United States Government, or any agen- amendment SA 1908 submitted by Mr. On page 85, between lines 16 and 17, insert cy, department, or subdivision thereof, to an KOHL (for himself and Mr. BROWNBACK) the following: automobile manufacturer or a distributor to the bill H.R. 2997, making appropria- SEC. 7ll. Notwithstanding any other pro- thereof as credit, loans, financing, advances, tions for Agriculture, Rural Develop- vision of law and until the receipt of the de- or by any other agreement in connection ment, Food and Drug Administration, cennial census in the year 2010, the Sec- with such automobile manufacturer’s or dis- and Related Agencies programs for the retary of Agriculture may fund community tributor’s proceeding as a debtor under title facility and water and waste disposal 11, United States Code, shall be conditioned fiscal year ending September 30, 2010, projects of communities and municipal dis- upon use of such funds to fully reimburse all and for other purposes; which was or- tricts and areas in Connecticut, Massachu- dealers of such automobile manufacturer or dered to lie on the table; as follows: setts, and Rhode Island that filed applica- manufacturer’s distributor for— On page 85, between lines 16 and 17, insert tions for the projects with the appropriate (1) the cost incurred by such dealers in ac- the following: rural development field office of the Depart- quisition of all parts and inventory in the

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00059 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20620 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 dealer’s possession as of the date on which equity held in the trust, separate and apart United States Code, and the Federal Acquisi- the proceeding under title 11, United States from the United States Government. tion Regulation described in section 6(a) of Code, by or against the automobile manufac- (2) CRITERIA.—Trustees appointed under the Office of Federal Procurement Policy turer or manufacturer’s distributor is com- this subsection— Act (41 U.S.C. 405(a)); or menced, on the same basis as if the dealers (A) may not be elected or appointed Gov- (2) otherwise authorized by law to be en- were terminating pursuant to existing fran- ernment officials; tered into without regard to the laws cited chise agreements or dealer agreements; and (B) shall serve at the pleasure of the Presi- in paragraph (1). (2) all other obligations owed by such auto- dent, and may be removed for just cause in mobile manufacturer or manufacturer’s dis- violation of their fiduciary responsibilities SA 2289. Mr. KOHL (for himself and tributor under any other agreement between only; and Mr. BROWNBACK) proposed an amend- the dealers and the automobile manufacturer (C) shall serve without compensation for ment to amendment SA 1908 submitted their services under this section. or manufacturer’s distributor, including, by Mr. KOHL (for himself and Mr. without limitation, franchise agreement or (c) DUTIES OF TRUST.—Pursuant to pro- BROWNBACK) to the bill H.R. 2997, mak- dealer agreements. tecting the interests and investment of the (b) INCLUSION IN TERMS.—Any note, secu- United States taxpayer, the trust established ing appropriations for Agriculture, rity agreement, loan agreement, or other under this section shall, with the purpose of Rural Development, Food and Drug Ad- agreement between an automobile manufac- maximizing the profitability of the des- ministration, and Related Agencies turer or manufacturer’s distributor and the ignated TARP recipient— programs for the fiscal year ending Government (or any agency, department, or (1) exercise the voting rights of the shares September 30, 2010, and for other pur- subdivision thereof) shall expressly provide of the taxpayer on all core governance poses; as follows: for the use of such funds as required by this issues; On page 85, line 16, strike ‘‘inspections.’’ section. A bankruptcy court may not author- (2) select the representation on the boards and insert the following: ize the automobile manufacturer or manu- of directors of any designated TARP recipi- inspections: Provided further, That this sec- facturer’s distributor to obtain credit under ent; and tion shall be applied in a manner consistent section 364 of title 11, United States Code, (3) have a fiduciary duty to the American with United States obligations under inter- unless the credit agreement or agreements taxpayer for the maximization of the return national trade agreements. expressly provided for the use of funds as re- on the investment of the taxpayer made quired by this section. under the Emergency Economic Stabiliza- f tion Act of 2008, in the same manner and to (c) EFFECTIVENESS OF REJECTION.—Not- AUTHORITY FOR COMMITTEES TO withstanding any other provision of law, any the same extent that any director of an rejection by an automobile manufacturer or issuer of securities has with respect to its MEET manufacturer’s distributor that is a debtor shareholders under the securities laws and COMMITTEE ON VETERANS’ AFFAIRS in a proceeding under title 11, United States all applications of State law. Mr. KOHL. Mr. President, I ask unan- Code, of a franchise agreement or dealer (d) LIQUIDATION.—The trustees shall liq- imous consent that the Committee on agreement pursuant to section 365 of that uidate the trust established under this sec- title, shall not be effective until at least 180 tion, including the assets held by such trust, Veterans’ Affairs be authorized to meet days after the date on which such rejection not later than December 24, 2011, unless the during the session of the Senate on is otherwise approved by a bankruptcy court. trustees submit a report to Congress that Monday, August 3, 2009, in the Recep- liquidation would not maximize the profit- tion Room immediately off the Senate SA 2287. Mr. CORKER submitted an ability of the company and the return on in- Floor after today’s vote at 5:30 p.m. amendment intended to be proposed by vestment to the taxpayer. The PRESIDING OFFICER. Without him to the bill H.R. 2997, making ap- SEC. 4. DEFINITIONS. objection, it is so ordered. propriations for Agriculture, Rural De- As used in this Act— SUBCOMMITTEE ON WATER AND WILDLIFE velopment, Food and Drug Administra- (1) the term ‘‘designated TARP recipient’’ means any entity that has received financial Mr. KOHL. Mr. President, I ask unan- tion, and Related Agencies programs imous consent that the Subcommittee for the fiscal year ending September 30, assistance under the Troubled Asset Relief Program or any other provision of the Emer- on Water and Wildlife of the Com- 2010, and for other purposes; which was gency Economic Stabilization Act of 2008 mittee on Environment and Public ordered to lie on the table; as follows: (Public Law 110–343), such that the Federal Works be authorized to meet during At the appropriate place, insert the fol- Government holds or controls not less than a the session of the Senate on Monday, lowing: 20 percent ownership stake in the company August 3, 2009, at 2 p.m. in room 406 of SECTION 1. SHORT TITLE. as a result of such assistance; the Dirksen Senate Office Building. This Act may be cited as the ‘‘TARP Re- (2) the term ‘‘Secretary’’ means the Sec- cipient Ownership Trust Act of 2009’’. retary of the Treasury or the designee of the The PRESIDING OFFICER. Without SEC. 2. AUTHORITY OF THE SECRETARY OF THE Secretary; and objection, it is so ordered. TREASURY TO DELEGATE TARP (3) the terms ‘‘director’’, ‘‘issuer’’, ‘‘securi- SUBCOMMITTEE ON FEDERAL FINANCIAL MAN- ASSET MANAGEMENT. ties’’, and ‘‘securities laws’’ have the same AGEMENT, GOVERNMENT INFORMATION, FED- Section 106(b) of the Emergency Economic meanings as in section 3 of the Securities ERAL SERVICES, AND INTERNATIONAL SECU- Stabilization Act of 2008 (12 U.S.C. 5216(b)) is Exchange Act of 1934 (15 U.S.C. 78c). RITY AND SUBCOMMITTEE ON OVERSIGHT OF amended by inserting before the period at GOVERNMENT MANAGEMENT, THE FEDERAL the end the following: ‘‘, and the Secretary SA 2288. Mr. KOHL proposed an WORKFORCE, AND THE DISTRICT OF COLUMBIA may delegate such management authority to amendment to amendment SA 2248 sub- Mr. KOHL. Mr. President, I ask unan- a private entity, as the Secretary determines mitted by Mr. COBURN to the amend- imous consent that the Committee on appropriate, with respect to any entity as- sisted under this Act’’. ment SA 1908 submitted by Mr. KOHL Homeland Security and Governmental ROWNBACK SEC. 3. CREATION OF MANAGEMENT AUTHORITY (for himself and Mr. B ) to the Affairs’ Subcommittee on Federal Fi- FOR DESIGNATED TARP RECIPI- bill H.R. 2997, making appropriations nancial Management, Government In- ENTS. for Agriculture, Rural Development, formation, Federal Services, and Inter- (a) FEDERAL ASSISTANCE LIMITED.—Not- Food and Drug Administration, and national Security and Subcommittee withstanding any provision of the Emer- Related Agencies programs for the fis- on Oversight of Government Manage- gency Economic Stabilization Act of 2008, or cal year ending September 30, 2010, and any other provision of law, no funds may be ment, the Federal Workforce, and the expended under the Troubled Asset Relief for other purposes; as follows: District of Columbia be authorized to Program, or any other provision of that Act, In lieu of the matter proposed to be in- meet during the session of the Senate on or after the date of enactment of this Act, serted, insert the following: on Monday, August 3, 2009, at 3 p.m., to until the Secretary of the Treasury transfers SEC. 7ll. None of the funds appropriated conduct a hearing entitled ‘‘Elimi- all voting, nonvoting, and common equity in or otherwise made available by this Act may nating Wasteful Contractor Bonuses.’’ any designated TARP recipient to a limited be used by the Secretary of Agriculture or The PRESIDING OFFICER. Without the Commissioner of Food and Drugs to liability company established by the Sec- objection, it is so ordered. retary for such purpose, to be held and man- enter into any Federal contract unless the aged in trust on behalf of the United States contract is— f taxpayers. (1) entered into in accordance with the re- PRIVILEGES OF THE FLOOR (b) APPOINTMENT OF TRUSTEES.— quirements of section 303 of the Federal (1) IN GENERAL.—The President shall ap- Property and Administrative Services Act of Mr. BROWNBACK. Mr. President, I point 3 independent trustees to manage the 1949 (41 U.S.C. 253) or chapter 137 of title 10, ask unanimous consent that Rachana

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00060 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20621 Chhin of my office be granted the privi- group, socioeconomic class, or geographic re- plans to help prepare for retirement, yet leges of the floor during the remainder gion: Now, therefore, be it many may not take advantage of employer- of debate on this bill. Resolved, That the Senate— sponsored defined contribution plans at all The ACTING PRESIDENT pro tem- (1) designates September 12, 2009, as ‘‘Na- or to the full extent allowed by the plans tional Childhood Cancer Awareness Day’’; under Federal law; pore. Without objection, it is so or- (2) requests that the Federal Government, Whereas many workers saving for retire- dered. States, localities, and nonprofit organiza- ment through tax-preferred savings plans Mr. KOHL. I ask unanimous consent tions observe the day with appropriate pro- have experienced declines in account values that Honor Keeler from Senator BINGA- grams and activities, with the goal of in- due to the recent economic downturn and MAN’s office be granted the privileges creasing public knowledge of the risks of market decline, making continued contribu- of the floor for the pendency of H.R. cancer; tions all the more important; 2997 and all amendments thereto. (3) recognizes the profound toll a diagnosis Whereas all workers, including public- and The PRESIDING OFFICER. Without of cancer has on children, families, and com- private-sector employees, employees of tax- munities and pledges to make its prevention exempt organizations, and self-employed in- objection, it is so ordered. and cure a public health priority; and dividuals, can benefit from the advantages of Mr. HARKIN. I ask unanimous con- (4) urges public and private sector efforts tax-preferred savings plans, and from in- sent that Stephanie Woodward and Jer- to promote awareness, invest in research, creased awareness of the need to develop per- emy Girton be granted the privilege of and improve treatments for childhood can- sonal budgets, and financial plans; and the floor for the duration of today’s cer. Whereas October 18 through October 24, session. f 2009, has been designated as ‘‘National Save The PRESIDING OFFICER. Without for Retirement Week 2009’’: Now, therefore, NATIONAL SAVE FOR objection, it is so ordered. be it RETIREMENT WEEK Resolved, That the Senate— f Mr. DODD. Mr. President, I ask unan- (1) supports the goals and ideals of Na- tional Save for Retirement Week 2009; NATIONAL CHILDHOOD CANCER imous consent the Senate proceed to AWARENESS DAY (2) supports efforts to raise public aware- the immediate consideration of S. Res. ness of the need to use efficiently the sub- Mr. DODD. Mr. President, I ask unan- 234, submitted earlier today. stantial tax revenues, estimated to exceed imous consent that the Judiciary Com- The PRESIDING OFFICER. The $127,000,000,000 for the fiscal year 2009 budget, mittee be discharged from further con- clerk will report the resolution by that subsidize retirement savings; sideration of S. Res. 200 and the Senate title. (3) supports efforts to raise public aware- proceed to its immediate consider- The legislative clerk read as follows: ness of the importance of saving adequately for retirement and of the availability of tax- ation. A resolution (S. Res. 234) supporting the preferred employer-sponsored retirement goals and ideals of National Save for Retire- The PRESIDING OFFICER. Without savings plans; and ment Week 2009. objection it is so ordered. The clerk (4) calls on States, localities, schools, uni- will report the resolution by title. There being no objection, the Senate versities, nonprofit organizations, busi- The legislative clerk read as follows: proceeded to consider the resolution. nesses, other entities, and the people of the A resolution (S. Res. 200) designating Sep- Mr. DODD. Mr. President, I ask unan- United States to observe National Save for tember 12, 2009, as ‘‘National Childhood Can- imous consent the resolution be agreed Retirement Week with appropriate programs cer Awareness Day.’’ to, the preamble be agreed to, the mo- and activities with the goal of increasing the tions to reconsider be laid upon the retirement savings for all the people in the There being no objection, the Senate United States. proceeded to consider the resolution. table, with no intervening action or de- Mr. DODD. Mr. President, I ask unan- bate, and any statements be printed in f imous consent that the resolution be the RECORD. NATIONAL AIRBORNE DAY agreed to, the preamble be agreed to, The PRESIDING OFFICER. Without Mr. DODD. Mr. President, I ask unan- the motions to reconsider be laid upon objection, it is so ordered. imous consent that the Senate now the table, with no intervening action The resolution (S. Res. 234) was proceed to the consideration of S. Res. or debate, and any statements related agreed to. 235, which was submitted earlier today. to the resolution be printed in the The preamble was agreed to. The PRESIDING OFFICER. The RECORD. The resolution, with its preamble, clerk will report the resolution by The PRESIDING OFFICER. Without reads as follows: title. objection, it is so ordered. S. RES. 234 The legislative clerk read as follows: The resolution (S. Res. 200) was Whereas people in the United States are A resolution (S. Res. 235) designating Au- agreed to. living longer and the cost of retirement con- gust 16, 2009, as ‘‘National Airborne Day.’’ The preamble was agreed to. tinues to rise, in part because the number of employers providing retiree health coverage There being no objection, the Senate The resolution, with its preamble, proceeded to consider the resolution. reads as follows: continues to decline and retiree health care costs continue to increase at a rapid pace; Mr. DODD. Mr. President, I ask unan- S. RES. 200 Whereas Social Security remains the bed- imous consent the resolution be agreed Whereas childhood cancer is the leading rock of retirement income for the great ma- to, the preamble be agreed to, the mo- cause of death by disease for children in the jority of the people of the United States, but tions to reconsider be laid upon the United States; was never intended by Congress to be the table, with no intervening action or de- Whereas an estimated 12,500 children in sole source of retirement income for fami- this Nation are diagnosed with cancer each lies; bate, and any statements be printed in year; Whereas recent data from the Employee the RECORD. Whereas an estimated 2,300 children in this Benefit Research Institute indicates that, in The PRESIDING OFFICER. Without Nation lose their lives to cancer each year; the United States, less than 2⁄3 of workers or objection, it is so ordered. Whereas the results of peer-reviewed clin- their spouses save for retirement, and that The resolution (S. Res. 235) was ical trials have raised the standard of care the actual amount of retirement savings of agreed to. and improved the 5-year cancer survival rate workers lags far behind the amount that will The preamble was agreed to. in children to greater than 80 percent over- be needed to adequately fund their retire- The resolution, with its preamble, all; ment years; reads as follows: Whereas more than 40,000 children and ado- Whereas saving for retirement is a key lescents in the United States currently are component to overall financial health and S. RES. 235 being treated for childhood cancers; security during retirement years; Whereas the airborne forces of the Armed Whereas up to 2⁄3 of childhood cancer sur- Whereas many workers may not be aware Forces have a long and honorable history as vivors are likely to experience at least one of retirement savings options, or may not units of adventuresome, hardy, and fierce life-altering or life-threatening late effect have focused on the importance of, and need warriors who, for the national security of the from treatment; and for, saving for retirement; United States and the defense of freedom and Whereas childhood cancer occurs regularly Whereas many employees have access to peace, project the effective ground combat and randomly and spares no racial or ethnic defined benefit and defined contribution power of the United States by Air Force air

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00061 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD 20622 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 August 3, 2009 transport to the far reaches of the battle er Regiment, Special Operations Forces, There being no objection, the Senate area and, indeed, to the far corners of the 173rd Airborne Brigade Combat team, and proceeded to consider the resolution. world; elements of the 4th Brigade 25th Infantry Di- Mr. DODD. Mr. President, I ask unan- Whereas August 16 marks the anniversary vision, have demonstrated bravery and honor imous consent the resolution be agreed of the first official Army parachute jump on in an effort to pursue the enemies of the to, the preamble be agreed to, the mo- August 16, 1940, an event that validated the United States, to stabilize Afghanistan, and innovative concept of inserting United to strive for calm in a troubled region; tions to reconsider be laid upon the States ground combat forces behind a battle Whereas in the aftermath of the announce- table, with no intervening action or de- line by means of a parachute; ment of Operation Iraqi Freedom by Presi- bate, and any statements be printed in Whereas the United States experiment dent George W. Bush in March 2003, the 75th the RECORD. with airborne infantry attack began on June Ranger Regiment, special forces units, and The PRESIDING OFFICER. Without 25, 1940, when the Army Parachute Test Pla- units of the 82nd Airborne Division, the 101st objection, it is so ordered. toon was first authorized by the Department Airborne Division (Air Assault), the 173rd The resolution (S. Res. 236) was of War, and was launched when 48 volunteers Airborne Brigade, and the 4th Brigade Com- agreed to. began training in July 1940; bat Team (Airborne) of the 25th Infantry Di- The preamble was agreed to. Whereas the success of the Army Para- vision, together with other units of the The resolution, with its preamble, chute Test Platoon in the days immediately Armed Forces, have been prosecuting the reads as follows: before the entry of the United States into war against terrorism, carrying out combat S. RES. 236 World War II led to the formation of a formi- operations, conducting civil affairs missions, dable force of airborne units that have and assisting in establishing democracy in Whereas the United States and the United served with distinction and have had re- Iraq; Kingdom have become beacons of freedom peated success in armed hostilities; Whereas the airborne forces are, and will and democracy around the world; Whereas among those airborne units are continue to be, at the ready and the fore- Whereas the history of the people of Africa the former 11th, 13th, and 17th Airborne Divi- front until the Global War on Terrorism is is inextricably tied to the histories of the sions, the venerable 82nd Airborne Division, concluded; United States and the United Kingdom; Whereas, for centuries, millions of people the versatile 101st Airborne Division (Air As- Whereas of the members and former mem- from Africa and their descendants were sault), and the airborne regiments and bat- bers of the United States airborne forces, all enslaved in the United States and the terri- talions (some as components of those divi- have achieved distinction by earning the tories of the British Empire; sions, some as separate units) that achieved right to wear the ‘‘Silver Wings of Courage’’ Whereas the slave trade spanned many re- distinction as the elite 75th Ranger Regi- of the United States airborne forces, thou- gions of the world, including Africa, the Car- ment, the 173rd Airborne Brigade, the 187th sands have achieved the distinction of mak- ibbean, the United States, and territories of Infantry (Airborne) Regiment, the 503rd, ing combat jumps, 69 have earned the Medal the British Empire; 507th, 508th, 517th, 541st, and 542nd Parachute of Honor, and hundreds have earned the Dis- Whereas the people of Africa forced into Infantry Regiments, the 88th Glider Infantry tinguished-Service Cross, Silver Star, or other decorations and awards for displays of slavery were dehumanized, humiliated, Regiment, the 509th, 551st, and 555th Para- abused, and often separated from their fami- chute Infantry Battalions, the 325th and such traits as heroism, gallantry, intre- pidity, and valor; lies to be sold; 327th Glider Infantry, and the 550th Airborne Whereas the institution of slavery, predi- Whereas the members and former members Infantry Battalion; cated upon racist beliefs, infected and cor- of the United States airborne forces are all Whereas the achievements of the airborne rupted the social fabrics of the United States members of a proud and honorable fraternity forces during World War II prompted the evo- and the United Kingdom; of the profession of arms that is made exclu- lution of those forces into a diversified force Whereas the Underground Railroad em- sive by those distinctions which, together of parachute and air-assault units that, over bodied courage, hospitality, and fortitude, with their special skills and achievements, the years, have fought in Korea, Vietnam, and served as an impetus for the abolition of distinguish them as intrepid combat para- Grenada, Panama, the Persian Gulf region, slavery; chutists, special operation forces, and, in and Somalia, and have engaged in peace- Whereas the Underground Railroad pro- former days, glider troops; keeping operations in Lebanon, the Sinai Pe- vided a means of escape from slavery by in- ninsula, the Dominican Republic, Haiti, Bos- Whereas the history and achievements of corporating a network of abolitionists, se- nia, and Kosovo; the members and former members of the air- cret routes, and safe houses throughout the Whereas the modern-day airborne force borne forces of the United States Armed United States and the territories of the Brit- that has evolved from those World War II be- Forces warrant special expressions of the ish Empire; ginnings is an agile, powerful force that, in gratitude of the people of the United States; Whereas the efforts of Harriet Tubman and large part, is composed of the 82nd Airborne and like-minded abolitionists in the Under- Division, the 101st Airborne Division (Air As- Whereas, since the airborne community ground Railroad helped tens of thousands of sault), and the 75th Ranger Regiment; celebrates August 16 as the anniversary of slaves escape to freedom during the early Whereas the modern-day airborne force the first official jump by the Army Para- 19th century; also includes other elite forces composed en- chute Test Platoon, August 16 would be an Whereas Harriet Tubman demonstrated her tirely of airborne trained and qualified spe- appropriate day to recognize as National Air- fearless devotion to liberty during her serv- cial operations warriors, including Army borne Day: Now, therefore, be it ice as a conductor on the Underground Rail- Special Forces, Marine Corps Reconnais- Resolved, That the Senate— road and was responsible for leading fugitive sance units, Navy SEALs, and Air Force (1) designates August 16, 2009, as ‘‘National slaves through the countryside to safe combat control teams, each of which is part Airborne Day’’; and houses; of the United States Special Operations (2) calls on the people of the United States Whereas Harriet Tubman became known as Command; to observe National Airborne Day with ap- ‘‘Moses’’ among slaves and abolitionists be- Whereas in the aftermath of the terrorist propriate programs, ceremonies, and activi- cause her estimated 19 trips in the decade attacks on the United States on September ties. following her emancipation in 1849 to States 11, 2001, the 75th Ranger Regiment, special f that permitted slavery led to the liberation forces units, and units of the 82nd Airborne of approximately 300 slaves; Division and the 101st Airborne Division (Air COMMEMORATING THE 175TH ANNI- Whereas the Fugitive Slave Law of 1850 Assault), together with other units of the VERSARY OF THE ABOLITION OF jeopardized the safety of escaped slaves in Armed Forces, have been prosecuting the SLAVERY IN THE BRITISH EM- the United States; war against terrorism by carrying out com- PIRE Whereas the establishment of Underground bat operations in Afghanistan, training oper- Mr. DODD. Mr. President, I ask unan- Railroad safe houses in Canada, a territory ations in the Philippines, and other oper- imous consent the Senate proceed to of the British Empire, provided a safe haven ations elsewhere; for escaped slaves; Whereas in the aftermath of the terrorist the immediate consideration of S. Res. Whereas the abolition of slavery in the attacks on the United States on September 236, submitted earlier today. British Empire on August 1, 1834, established 11, 2001, airborne units played a pivotal role The PRESIDING OFFICER. The a chief terminal for the Underground Rail- in the war in Afghanistan, including the un- clerk will report the resolution by road and laid the foundation for the eventual flinching pursuit of the enemies of the title. abolition of slavery in the United States; United States during the battles of Mazar-i The legislative clerk read as follows: Whereas the Salem Chapel British Meth- Sharif, Kabul, Qala-i-Jangi, Tora Bora, and A resolution (S. Res. 236) Commemorating odist Episcopal Church in St. Catharines, Operation Anaconda; the 175th anniversary of the abolition of Ontario, Canada, served as an important cen- Whereas United States paratroopers, which slavery in the British Empire on August 1, ter of abolitionist activity and served as the include the 82d Airborne Division, 75th Rang- 1834. final destination for many escaped slaves;

VerDate Mar 15 2010 09:27 Jan 24, 2012 Jkt 079102 PO 00000 Frm 00062 Fmt 0686 Sfmt 0634 E:\BR09\S03AU9.002 S03AU9 erowe on DSK2VPTVN1PROD with BOUND RECORD August 3, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 15 20623 Whereas many freed slaves became mem- PROGRAM To be colonel bers of Salem Chapel British Methodist Epis- Mr. DODD. Mr. President, under the WILLIAM L. ABERNATHY, JR. copal Church and settled in the community; DORIS J. ACEVEDOSELPA and previous order, at approximately 10:30 CHARLES E. ADAMS a.m., the Senate will proceed to a se- ALBERT J. ADKINSON Whereas the abolition of slavery in the SUZANNE D. ADKINSON British Empire influenced the United States ries of two rollcall votes. Upon the JAMES W. AINSWORTH, JR. by setting the precedent that the dehuman- completion of the second vote, the Sen- OSCAR R. ALEJANDRO JORGE ARIZMENDI, JR. izing practice of slavery would not, and ate will recess until 2:15 p.m. for the WILLIAM T. ARRUDA, JR. could not, be tolerated if a Nation is to con- weekly caucus luncheons. RONALD M. BAILEY form with the fundamental tenets of democ- JAMES L. BAKER f ERIC W. BARR racy and equality for all people: Now, there- TED R. BATES fore, be it ADJOURNMENT UNTIL 10 A.M. QUINTIN A. BATTLES Resolved, That the Senate— BARRY K. BEACH TOMORROW STEVEN R. BEACH (1) recognizes the fundamental importance STEPHEN J. BENTLEY of the abolition of slavery in the British Em- Mr. DODD. Mr. President, if there is KAREN A. BERRY pire in the history of the United States and no further business to come before the JAMES B. BISHOP ESTUS T. BLAIR III Canada; and Senate, I ask unanimous consent that JOHN C. BOYD (2) celebrates the 175th anniversary of the it adjourn under the previous order. JOHN M. BOZARD abolition of slavery in the British Empire on There being no objection, the Senate, CHRISTOPHER L. BRADY August 1, 1834. MARTIN L. BREMER at 8:50 p.m., adjourned until Tuesday, MARK A. BREWER MONTY L. BRODT f August 4, 2009, at 10 a.m. KEITH A. BROTHERS f RANDALL G. BROWN MEASURE READ THE FIRST KEVIN L. BULLARD JERRY D. BUTLER, JR. TIME—H.R. 3435 NOMINATIONS LESLIE B. BUTLER JOHN R. CALLAWAY, JR. Mr. DODD. Mr. President, I under- Executive nominations received by SYLVESTER CANNON stand that H.R. 3435 has been received the Senate: GREGORY R. CARDENAS VIRGINIA L. CARLTON from the House and is at the desk. CONSUMER PRODUCT SAFETY COMMISSION LOUIS E. CARMONA The PRESIDING OFFICER. The ANNE M. NORTHUP, OF KENTUCKY, TO BE A COMMIS- VIVIAN L. CARUOLO clerk will report the bill by title for SIONER OF THE OF THE CONSUMER PRODUCT SAFETY HENRY C. CASON COMMISSION FOR A TERM OF SEVEN YEARS FROM OCTO- GERALD T. CATRETT the first time. BER 27, 2004, VICE SAUNDRA BROWN ARMSTRONG, RE- PATRICK J. CENTER SIGNED. DENNIS P. CHAPMAN The legislative clerk read as follows: NORTH K. CHARLES A bill (H.R. 3435) making supplemental ap- EXECUTIVE OFFICE OF THE PRESIDENT GARY CHIQUESANCHEZ JAMES F. CHISHOLM IV propriations for Fiscal Year 2009 for the Con- DANIEL I. WERFEL, OF VIRGINIA, TO BE CONTROLLER, THOMAS P. CLARK sumer Assistance to Recycle and Save Pro- OFFICE OF FEDERAL FINANCIAL MANAGEMENT, OFFICE PHILIP W. CLAYTON gram. OF MANAGEMENT AND BUDGET, VICE LINDA MORRISON JOSEPH E. CLEBOSKI COMBS, RESIGNED. JAMES T. COCANOUGHER Mr. DODD. I ask for its second read- DEPARTMENT OF DEFENSE PETER W. CONLIN ABRAHAM S. CONN ing and object to my own request. TERRY A. YONKERS, OF MARYLAND, TO BE AN ASSIST- JAMES O. CONRAD The PRESIDING OFFICER. Objec- ANT SECRETARY OF THE AIR FORCE, VICE WILLIAM AN- DAVID M. COOLEY DERSON, RESIGNED. MILADA A. COPELAND tion is heard. The bill will have its sec- RANDALL J. CORDEIRO ond reading on the next legislative day. IN THE ARMY JOSEPH B. COWAN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. CREECH f TO THE GRADE INDICATED IN THE RESERVE OF THE JERRY S. CROOKS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: ANITA K. CURINGTON JEFFERY A. CUSHING APPOINTMENT To be colonel LAURA A. CUSHLER MATTHEW L. DANA The PRESIDING OFFICER. The JOHN A. BLANKENBAKER DARRELL D. DARNBUSH Chair, on behalf of the Republican JOSE R. BURGOS PAULA B. DAYRINGER JEFFREY M. CARR MICHAEL K. DENNIS leader, pursuant to Public Law 111–25, ROGER D. COTTON MICHAEL P. DEVILLE announces the appointment of the fol- JENNIFER L. CURRY DAVID D. DEVOY II JOHN D. CUSHMAN NIKKI S. DEWOLF lowing individual to serve as a member JOSEPH E. CZARNIK JOSEPH R. DICKEY of the Ronald Reagan Centennial Com- MANUEL T. DEGUZMAN SEAN P. DONAHOE RONNIE F. DIX GREG W. DREISBACH mission for the life of the commission: CHARLES D. DONNELL ROGER J. DRUMM the Honorable ROBERT BENNETT of ALLAN E. FEY KRIS E. DURHAM WILLIAM R. FLORIG PATRICK T. DYE Utah. FREDRICK A. FRANCIS PAUL G. EBHARDT IRENE V. GLAESER JOHN H. EDWARDS, JR. f MAE M. GOLDMANN CRAIG R. EKMAN DAVID W. HARGRAVE STEVE D. ELLIOTT ORDERS FOR TUESDAY, AUGUST 4, CARYN S. HEARD VIRGIL P. ELLIOTT, JR. 2009 RUSSELL A. HENDERSON LEE M. ELLIS JANICE HIGUERA KEVIN A. ENTWISTLE Mr. DODD. Mr. President, I ask unan- JOSEPH L. INGIGNOLI KEVIN M. EPPENS GARY B. JAMES LUIS R. ERES imous consent that when the Senate KEITH S. JAMINET MELODIE A. ESPOSITO completes its business today, it ad- ROBERT D. JOHNSON ROGER D. ETZEL CAROLYN F. KLEINER THOMAS E. EVANS II journ until 10 a.m. tomorrow, Tuesday, TROY D. KOK EARLY I. FALK August 4; that following the prayer and LARRY D. MCCOLPIN MARTIN D. FALLS GEORGE P. MCDONNELL DAVID M. FARLEY pledge, the Journal of proceedings be ROBERT G. MICHNOWICZ MARK A. FELDERMAN approved to date, the morning hour be STEVEN W. MOSS ROBERT C. FIELD ROBERT W. NEIBERGER LEO M. FILIPOWICZ deemed expired, the time for the two ROBERT S. ORESKOVIC ALEX U. FINGERS leaders be reserved for their use later THOMAS H. RAHE PETER J. FIRKEY MICHAEL J. RECENIELLO MATTHEW W. FLEMING in the day, and the Senate resume con- DEBORAH A. RICHARDSON ANDREW R. FLYNN sideration of Calendar No. 105, H.R. MICHAEL G. SCHELLINGER MICHAEL D. FRANCE KENNETH W. SCOTT JOHN M. FRUGE 2997, the Agriculture appropriations JAMES L. SEDLAK BENEDICT L. FUATA bill, with the time until 10:30 equally DEBRA A. SINNOTT DANIEL J. FUHR NATHAN J. STORCK LARRY R. GANN divided and controlled between the AARON T. WALTER TONY F. GATLIN JACK A. WAYMAN, JR. managers and Senator MCCAIN or their DAVID R. GAULT DONALD E. WILLIAMS JULIE M. GERETY designees; further, I ask that the filing ROBERT L. YATES KENNY B. GILMORE deadline for second-degree amendments ROBERT J. YOUNG CHRISTINE GLOVER STEPHEN E. ZARBO GREGG S. GOLDSMITH be 10:15 a.m. tomorrow. VIRGINIA R. ZOLLER WILLIAM D. GRISWOLD The PRESIDING OFFICER. Without THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AUSTIN F. GROGAN TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID G. GUYTON objection, it is so ordered. ARMY UNDER TITLE 10, U.S.C., SECTION 12203: WALLACE A. HALL, JR.

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BRIAN H. HAMMERNESS ANDREW P. SCHUBIN RODERICK W. BRIDGEWATERS GREGORY O. HAPGOOD, JR. MICHAEL J. SCHUH RICHARD W. BROWN DAVID E. HARRELL JASON E. SCHWABEL RICHARD J. BROWNRIGG STANLEY B. HARRIS RANDAL O. SHEARS, JR. RAPHAEL D. BRUCE BOB D. HAYTER, JR. RONALD B. SHIELDS GEORGE M. BRYAN, JR. MARY C. HENRY ANGELA F. SHOWELL ANTHONY J. BUCKLEY LARRY J. HERKE GRANT C. SLAYDEN GEORGE A. BURBULES ISIDORO R. HERNANDEZ MARK L. SMEDLEY ALTRUS D. CAMPBELL ROBERT N. HIBBETT DWAINE SMITH BRIAN G. CANTEEL DONALD P. HOLLIS GRANT R. SMITH JAMES V. CAPPARELLI JOHN V. HOLTER RONALD L. SMITH RANDALL W. CARLSON LEE W. HOPKINS SCOTT M. SMITH ROBERT J. CARLSON PAUL T. HORRY, JR. TIMOTHY M. SMITH DONALD L. CARMEL, JR. NORMAN G. HORTMAN, JR. KELLY J. SMOTHERS DARRYL A. CARNES HOWARD L. HOSTRANDER II OSCAR L. SOMMERS III SEAN CASSIDY LAURENCE W. HOWL KENNETH E. SOTO DEAN I. CHANG ROBERT A. HYLAND ROBERT C. SPINELLI GUS A. CHECKETTS DOUGLAS K. JACKSON ROBERT L. SPIRES, JR. KAREN A. CHIPCHASE TODD M. JACOBUS KEVIN D. STARING JIMMIE J. CHITURAS, JR. RUSSELL D. JOHNSON MICHAEL S. STEENSON ALAN R. CLARK THOMAS M. JOHNSON III LAWRENCE P. STEGEMAN TIMOTHY M. CLARKE HAROLD B. JONES, JR. JAMES F. STENSON MICHAEL N. CLAYBOURNE ERIC T. JUDKINS MARK T. STEVENS ROBERT E. COLLINS, JR. RICHARD J. KALEY PATRICK L. STEVENS MARK A. COOK RICKY N. KAPPUS MARJEAN R. STUBBERT STEPHEN J. COOPER ROBERT L. KAUHANE JOSEPH P. SULLIVAN III MICHAEL R. CORRIVEAULT PETER S. KAYE SEAN P. SULLIVAN VINCENT D. CRABB STEPHEN G. KENT RUSSELL J. SWEET JOHN W. CREWS JAY E. KNOX SCOTT R. SWINFORD JEFF P. CZAPIEWSKI KIMBERLY C. KNUR BRADLEY L. TANKSLEY MARK S. DANIELS RICHARD A. KRANKOTA BRIAN E. TATE JEFFREY J. DANTONIO MICHAEL J. KRISTIAN CHRISTOPHER W. TAYLOR EDDIE DAVIS, JR. BERNARD C. KRUSE RONALD F. TAYLOR MARK D. DAVIS MICHAEL A. KUEHN TAWNA B. THELEN PATRICIA L. DAYMOORE LANITA R. KUHN DAVID L. THIELE PHILLIP G. DEATON RICHARD T. KUMLIEN, JR. DANNY R. THOMAS DANIEL L. DEHAAN KENNETH R. LAMBRIGHT DANNY E. THOMASSON EDWARD L. DELISSIO MAJOR W. LAROWE MICHAEL A. THOMPSON NICHOLAS R. DEMAS TOD M. LARSON MICHAEL C. THOMPSON DAVID B. DESROCHES RONALD M. LATUSZEK TERRALL V. THOMPSON JOHN M. DIAZ JOHN E. LEASK, JR. PAUL C. THORN HERMAN W. DICK MICHAEL T. LEE JEFFERY E. THROWER IRENE V. DICKERSON COLLIER H. LIPPLE TODD O. THURSBY WILLIAM E. DODD GARY W. LITTLEFIELD CHARLES R. TILTON JEFFREY A. DOLSEN JOHN J. LONERGAN, JR. THOMAS TINTI MICHAEL P. DONAHER DONALD A. LOVELACE III JEFFREY S. TIPTON MICHAEL S. DONOVAN JOSEPH P. MAASSEN LAWRENCE E. TIPTON JOHN J. DOUGHERTY WILLIAM L. MAHONEY SHARON R. TOOTELL PAUL D. DOUGHERTY TAMMY E. MANDWELLE PHILLIP E. TORRANCE PAUL A. DRISCOLL JEFFREY S. MARK JOHN P. TRACY TERRI G. DUENAS WARD E. MARSHALL WILLIAM T. TRAVIS RANDOLPH J. DUKE WILLIAM E. MARTIN KEITH G. TRESH DAVID H. DUTTON DONALD S. MASON WILLIAM B. TYMINSKI DAVID E. ELWELL GREGORY D. MASON THERESA L. VANCORT JAMES P. ERDIE JOANE K. MATHEWS DANIEL VAZQUEZROSA PETER B. ERICSON TED W. MAUZEY PETER F. VERSFELD ERNEST A. ERLANDSON, JR. DAVID E. MAX ERIC D. WAAGE ANDREW P. EWANITZ III ROBERT J. MAYBERRY, JR. HAROLD J. WALKER II RODNEY L. FAULK TODD A. MAYER ROBERTA B. WALKER ARDIS G. FERGUSON RICHARD J. MCCONOUGHEY ROSS E. WALTEMATH CHRISTINEANNE N. FIALA MICHAEL A. MCDONALD BARBARA L. WALTHERS JOE R. FOLLANSBEE KERRY M. MCINTYRE STEVEN H. WARNSTADT JAMES W. FOLLWEILER MICHAEL L. MCKINNEY ERIC C. WEBER GEORGE C. FRANK, JR. MARK W. MCLEMORE RONALD V. WELCH RICHARD A. FRANZIS EDWARD J. MCNELIS III MICHAEL N. WELLS DAVID A. FRISONE LAURENCE W. MCSHEFFREY LESLIE J. WERMERS ELVIA D. GAINESEDMOND PETER M. MENICUCCI DANIEL A. WEST PATRICK E. GALLAGHER MICHAEL D. MERRITT TYRA Y. WHITE MARION GARCIA MARSHALL T. MICHELS BRIDGET S. WIDDOWSON J S. GILHOOLY JOSEPH G. MILLER MICHAEL E. WIECZOREK BRUCE M. GILLETTE RICKY D. MILLER ALEXANDER C. WILLIAMS MICHAEL D. GIRONE RUSSELL D. MILLER DAVID L. WILLIAMS GLENN A. GODDARD THOMAS L. MORGAN III ROBERT B. WILLIAMS KENT J. GOFF CLINTON R. MOYER ZEB C. WILLIAMS III JAMES G. GOODWILLIE IV ROGER D. MURDOCK JAMES T. WILSON JACKSON C. GRAHAM III JAMES E. MURPHY KURTIS J. WINSTEAD PATRICK E. GRANNAN SYLVIA J. MURPHY PAUL A. WOLFLEY NORMAN B. GREEN CHRISTOPHER P. MYER JAMES H. WOODALL JOSEPH E. GROSS IV ALLEN L. NELSON MARK A. WRIGHT GREGORY L. GUIDRY ADRIAN B. NETTLES WILLIAM E. WYNNS, JR. ROBERT E. GUIDRY ARTHUR W. OLIVER LAURA L. YEAGER DARRELL J. GUTHRIE JOHN F. PACKHEM WILLIAM C. YEARWOOD JEFFREY L. HABERMAN SCOTT A. PANAGROSSO THOMAS J. ZELKO II JAY A. HAMMER ROLAND B. PARTEN RICHARD D. ZIERATH KATHRYN L. HARRINGTON STEPHEN D. PATE FRANCISCO ZUNIGA MONICA A. HARWIG ALFRED J. PEREZ WAYNE W. HAUSSER EMILY S. PERRY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM H. HENSELL RONALD E. PETTIT TO THE GRADE INDICATED IN THE RESERVE OF THE JOHN C. HERMANN, JR. TROY R. PHILLIPS ARMY UNDER TITLE 10, U.S.C., SECTION 12203: PAUL J. HETTICH STEPHAN J. PICARD To be colonel CONRAD A. HOLBERT MATTHEW L. PITSTICK JOHN C. HOPE KEVIN L. PRESTON GREGORY T. ADAMS JOHN F. HUSSEY SCOTT B. PURYEAR RONNIE E. AKERS MARK N. JAMMEL SALE D. RANDLE, JR. DOUGLAS F. ANDERSON COLBY D. JEWELL MICHAEL T. RATLIFF TRENT M. ANDREWS OSVALDO J. JIMENEZ STEPHEN D. REDMAN ROBERT E. APPLEBY, JR. EDWARD M. KABAT EDWARD D. RICHARDS STEVEN M. ARAKI JOHN A. KAILEY III JOHN D. RICOTTILLI WILLIAM B. ARMSTRONG ANITA F. KAZMIERCZAK THOMAS J. RITZ JOSEPH E. ARTIAGA DAVID J. KEEFE CARLOS A. RODRIGUEZ THERESA R. BAGINSKI PHILIP A. KELLER PAUL D. ROGERS JAMES C. BAGLEY NORMAN R. KEYES JOE M. ROMERO, JR. MICHAEL M. BAKER KARL S. KIRCHNER ROBERT C. ROTH CHADWICK D. BARKLAY KEITH A. KUNKEL ROBERT A. RUDOLPH MARK C. BARTHOLF JOSEPH F. LAMPERT SUSAN E. RUSSELLCARLEY JEFFREY R. BEECHAM JOHN P. LANDGRAF MATTHEW J. RUSSO STEVEN W. BEIN KARLA O. LANGLAND DAVID J. SACHA BEVAN BENJAMIN THOMAS R. LANTZY PHILIP K. SAFAR MICHAEL C. BIRCHFIELD OLIVER K. LATTIMORE DANIEL T. SALILER JAMES S. BIVENS BETH A. LAW CURT R. SALVESON IVRIA L. BLAND GARY J. LAW REGINALD D. SANDERS ROBERT N. BLEVINS EUGENE J. LEBOEUF JOHN W. SCANNELL JAMES A. BRAMBLE RICHARD D. LEONARD

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THOMAS M. LEWIS THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY S. KENNEY FRED P. LIST, JR. TO THE GRADE INDICATED IN THE UNITED STATES NAVY GEORGE J. KEUMURIAN THEODORE C. LOCKHART UNDER TITLE 10, U.S.C., SECTION 624: CARTER L. KNOOP NEUMAN LOPEZ JEFFREY M. KUZNIEWSKI WILLIAM L. MACKINNON, JR. To be lieutenant commander IAN P. LARSEN FREDERICK R. MAIOCCO JOSH A. CASSADA LEMUEL S. LAWRENCE LARRY T. MAREK LARRY R. SMITH WENONA L. LEMKE RICHARD E. MAYES II TIMOTHY E. LOWERY CHARLES P. MCCORMICK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ZACHARY D. MCKEEHAN MALCOLM H. MCMULLEN TO THE GRADE INDICATED IN THE UNITED STATES NAVY DANIEL MORALES KEVIN B. MEREDITH UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL E. MORTENSON DOUGLAS W. MILLS To be lieutenant commander ROBERT E. ODOM WILLIAM K. MILLS LESLIE A. OHARA ARTHUR T. MOE MATTHEW J. ACANFORA PETER R. OJINAGA JAMES H. MOORE JASON C. ALLEN JOSEPH S. RAETANO CHARLES H. MURDOCK DAVID J. AMBROSE ROBERTO RAMOS MARK J. MURPHY MICHAEL R. BAILEY JULIO SANCHEZ MICHAEL D. MURRAY MELINDA K. BAKER MICHAEL T. SAVI MATTHEW MYLES DAVID C. BAUGHMAN BRIAN L. SCHULZ EDDIE D. NAGEL MICHAEL A. BETHER ERIC W. SEARS ALAN NALBANDIAN JOSEPH P. BOBROWSKI KENNETH G. SMITH DONALD E. NALLS, JR. PETER N. BOURAS SHAWN W. SOUZA MICHAEL R. NELSON JAMES F. BRENNAN FREDERICK B. STEVES KELLY J. NIERNBERGER DONALD L. BRYANT, JR. JOHN J. TERRY YOLANDA NIETO CHRISTOPHER W. CALVIN YONNETTE D. THOMAS CYNTHIA A. NOBLE ANTHONY T. COCCHIARA II FRANCISCO VEGA WOODARD E. NUNIS STEVEN D. COXWELL JOSHUA J. VERGOW DONALD B. OKURA ALEXI N. CUCA JOEL A. YATES CHARLES J. ONEILL JASON K. CUMMINGS TERESA L. ORTIZ THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAVID B. DAMATO ROBERT L. OTT TO THE GRADE INDICATED IN THE UNITED STATES NAVY BRIAN B. DURAND SHAWNNA C. PAINE UNDER TITLE 10, U.S.C., SECTION 624: DANIEL R. ECKLES CYNTHIA A. PALINSKI CHRISTOPHER M. EDWARDS STEPHEN E. PALMER To be lieutenant commander HERMAN A. FAHIE PERCY PARKER DONALD C. FERGUSSON BENJAMIN I. ABNEY THOMAS E. PARKER, JR. MONTE D. FLETCHER JOHN J. ANDREW BOB E. PARSONS III JOHN W. FRANKLIN II KEITH ARCHIBALD CATHERINE C. PATTERSON MICHAEL D. FROEMKE CARLTON D. BOATRIGHT MICHAEL J. PEFFERS ANDREW M. GADBOIS DONALD L. BRITTON DEBORAH M. PELLISSIER ALLEN S. GARLOW FRANCIS P. BROWN VIRGIL C. PHILLIPS KATIE A. HALL DOUGLAS J. BURRELL, JR. JEFFERY RAGLAND STEVEN T. HARDIN JUAN L. CARRASCO DAVID D. RAGUSA BRIAN E. HARPUDER JAMES M. CARROLL DAVID N. RAMSEY PAUL G. JOCSON DAVID T. CLARK GARY W. RANGEL DAVID A. JOHNSON ROBERT M. COLLINS TAMMI A. REILLY SUZANNE M. JONES DELMY M. CORDON ROBBIE ROBBINS DAVID P. KAWESIMUKOOZA ANTHONY T. COSBY ALBERTO C. ROSENDE HAK J. KIM JAMES C. DARKENWALD PHILIP S. ROSSO MICHAEL G. KING, JR. MICHAEL A. GIGLIO MARTIN D. ROWE GREGORY R. KIPPE GARTH H. GIMMESTAD JEFFERY M. RUCHIE MARK A. LEAL ANGELIN M. GRAHAM DONNA L. SCOTT CHRISTOPHER M. LEPORE JASON A. GRANT HAROLD C. SHABLOM, JR. SHERRIE D. LUCAS RICHARD J. GREENHOE DAVID G. SIAS ROBERT M. MAHONEY KEVIN M. HALFACRE TRISTAN B. SIEGEL ANDREW E. MAROCCO LESTER ISAAC MATTHEW T. SIMS MATTHEW P. MCDANIEL DOUGLAS M. JOHNSON PRATYA SIRIWAT EDWARD A. MCLELLAN III TERRENCE L. JONES JIMMIE L. SIZEMORE DAMON M. MELIDOSSIAN PETER T. KELLEHER ANTHONY J. SKUBI III CHARLES S. MEYER KATHLEEN L. KNAPP JAMES E. SMITH II ROMAN C. MILLS DUQUESNE LOUIDOR MARCIA J. SMITH JEFFREY S. MOLINEUX MIGUEL S. MACIAS NATHAN G. SMITH MEDRICK J. MORGAN DEMETRIUS D. MACK MARTIN B. SPANN THOMAS E. MORONEY TERRA A. MCINTYRE RAYMOND R. STEELEY MARK B. MUNSON THOMAS J. MCKEON II ROBERT W. STERN KENNETH B. MYRICK MARK G. MORAN PEGGY L. STRADFORD JASON S. NAKATA ROBERT L. MORAN JAMES L. STRIFE KRISTENE C. NEWBERRY JOSHUA W. RUPERT NOAH K. STRONG ERIN E. ORLICH KAREN J. SANKES JOHN G. SUTTER RICHARD W. PAYNE JOSEPH D. SCOTT MARK A. SWEENEY MICHAEL K. PERFINSKI ANTHONY M. SIMMONS EMIL THODE, JR. SHAWN R. PHILLIPS MARCO D. SPIVEY DAROLD D. TIPPEY STEPHANIE L. PHILLIPS DWANE E. THOMAS COSME C. TORRESSABATER DANIEL R. RAHN GENEVIEVE G. UBINA SUSAN C. TRAYLOR JONATHAN C. RAIA JAY S. VIGNOLA MARIO A. TREVINO CAROLINE E. ROCHFORT MCKINNYA J. WILLIAMSROBINSON GABRIEL TROIANO STEPHEN G. SANDOVAL MICHAEL A. TROSTER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT REBECCA S. SKELTON RICHARD UNDA TO THE GRADE INDICATED IN THE UNITED STATES NAVY JUSTIN M. SPRAGUE BECKY S. UPTON UNDER TITLE 10, U.S.C., SECTION 624: TEDDY G. TAN BRADLEY J. UPTON ALEXANDER J. TERESHKO MICHAEL D. UTLEY To be lieutenant commander MICHAEL S. TIEFEL THOMAS J. VACCARO JASON C. TURSE CHRISTOPHER D. ADDINGTON GREGORY S. VALLOCH RONALD L. WIENER MICHAEL P. AIENA DEAN L. VANITER DENNIS A. WISCHMEIER JOHN P. BAUER DAVID N. VOLKMAN DAVID W. YORK BRIAN T. BIALEK GLENN S. VONDERWERTH JESSE H. BLACK LINDA A. WADE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT SARAH F. BOWEN KELLY E. WAKEFIELD TO THE GRADE INDICATED IN THE UNITED STATES NAVY RANDALL A. BOYTER ANATHEA J. WALLACE UNDER TITLE 10, U.S.C., SECTION 624: GARRETT L. BURKHOLDER TONY R. WALTERS To be lieutenant commander KARL O. BURNETT TODD R. WARNER JAMES D. COURVILLE PETER R. WATLING RON J. ARELLANO KRISTINE M. DESOTO JESSE C. WHITE HEATHER L. BEAL JASON R. DEUTSCH CARLA W. WIEGERS STEPHEN W. BISHOP SUSAN D. FAULKNER WILLIAM E. WIGGINS JAMES E. BROKAW III ERIC D. FELDER DARYL W. WILLIAMS DENVER L. CAIN RANDYLL FERNANDEZ CURTIS A. WOOD GEOFFREY D. CHRISTMAS NATHAN P. GEISINGER RHONDA W. WRIGHT SCOTT L. CONE JAMES W. HEDDERLY KEVIN C. WULFHORST SAUNDRA E. COWARD MARIANNE S. HOLTPHOENIX STEVEN G. WYMAN PATRICIA L. CREGGER CLINTON P. HOSKINS MARK A. YANAWAY THOMAS W. DOBKINS KATRINA M. HOUSTON MARK S. ZASLAVSKY ANTHONY J. EVERHART JAIME E. HYSSONG STEVEN R. ZEPHIR ERICH S. FASSETT TIMOTHY L. KING SCOTT L. ZONIS DOROTHY A. FENTON MICHAEL W. LOOYSEN IN THE NAVY MATTHEW T. GRIFFIN JASON G. MASSEY JOSEPH B. HARRISON II RICHARD M. MATLACK THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LUCAS J. HODGKINS BRIAN K. MCLAIN TO THE GRADE INDICATED IN THE UNITED STATES NAVY JASON B. HOMER GREGORY R. MITCHELL UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM H. HUBBARD, JR. WESLEY S. NEWHAM To be lieutenant commander SHANE A. JAEGER DAVID C. SCHAFER KENNETH W. KEMMERLY, JR. STUART W. SCHNEIDER ERIK J. MODLO NORMAN J. KENDRICK MARK A. SCHUCHMANN

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TRACY A. SICKS FRANK D. PRICE, JR. ALBIN T. PEARSON SALVADOR M. SUAREZ MIKE E. SVATEK LAWRENCE J. PENN JAMES D. SZCZEPANSKI TIMOTHY H. PHENICIE SCOTT R. THOMPSON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARRIN P. PITRE STEPHANIE T. WIDMANN TO THE GRADE INDICATED IN THE UNITED STATES NAVY STEPHAN H. POMEROY DAVID M. WOLFE UNDER TITLE 10, U.S.C., SECTION 624: RONALD L. PUGH KURT A. YOUNG To be lieutenant commander WILLIAM T. RAEBER JAMES W. RAYCRAFT, JR. THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTOPHER W. ANDERSON BRIAN C. REDNOUR TO THE GRADE INDICATED IN THE UNITED STATES NAVY MICHAEL S. ANDERSON JAMES R. RHODES UNDER TITLE 10, U.S.C., SECTION 624: ROBERT ARIAS DAVID R. RITTER To be lieutenant commander RONALD M. ASTRINO JAMES W. ROBB TIMOTHY W. BARRY DAVID H. RODRIGUES KELLY W. BOWMAN, JR. KELLY L. BAZE REGINA P. ROGERS STEVEN J. BRYANT ROBERT E. BEATON LARRY A. ROSENTHAL THOMAS M. CLEMENTSON CURTIS R. BEERS, JR. ERIC T. RUIZ ANDREW J. COOPER KELLY E. BISHOP SHAWN T. RUMBLEY DANILO S. EVANGELISTA SEAN H. BLACK JAMES G. SCALZO VICTOR M. FEAL, JR. DAVID K. BLAUSER GARY M. SCHOENFELD DAWN M. FRANK KIPP C. BOULDIN CHRISTOPHER SCHREINER CARRIE S. GRIBBINS SCOTT BROCKMAN STEVEN J. SCHULTZ JOHN D. HARRIS RICKY G. BURNETT LESLIE C. SCOTT CHRISTOPHER L. HORTON BRIAN C. CANUEL ALBERT SEARS DALE R. JAIRAM ABRAHAM CASTOIRE JOSEPH A. SHAW DONALD S. MOORE LISA M. CAULEY CRAIG V. SHILLINGER MICHAEL A. MORGAN REECO D. CERESOLA GARY E. SMART, JR. SCOTT A. PORTER KEVIN D. CHISOM MARK A. SMIGELSKI KIMBERLY L. RIECK DARRELL L. CHRISTENSEN ALMOND SMITH III TIMOTHY S. RYAN MARY L. CLARK CRAIG D. SMITH REBECCA M. SUMMERS SHAWN L. CLARK DAVID C. SMITH CLAUDE E. TAYLOR III WALTER B. CLARK MICHAEL G. SNYDER JOSEPH D. TINDELL JOSE A. COLON CHARLES C. SPERRY ANTHONY J. WEIDNER MARK COLVIN JOHN S. STEVENS MARC A. WILLIAMS CLARENCE E. COOK FOSTER L. STRINGER MICHAEL WINDOM DAVID J. CUMMINGS RAYMOND SUDDUTH DAVID W. CUTHBERT JEFFREY S. SWAIN THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ERIC L. DAVIDSON MICHAEL B. TA TO THE GRADE INDICATED IN THE UNITED STATES NAVY DENNIS M. DAVIS DIANA J. TERSAK UNDER TITLE 10, U.S.C., SECTION 624: SALVATORE M. DENTU MICHAEL P. THERRIEN To be lieutenant commander KIRK A. DEVEZIN RICHARD A. THOUSAND BRUCE A. DIVANO KARL W. THURLOW HASAN ABDULMUTAKALLIM ERICA DOBBS KEVIN M. WADE EDWIN J. BERRIOSORTIZ RICHARD W. DONALDSON JOHN G. WALLACE IAN A. BROWN WILLIAM E. DONALS, JR. MICHAEL WASHINGTON LAQUIDA R. BROWN GARY R. DONLEY, JR. LENWARD D. WEAVER BOBBY T. CARMICKLE PAUL S. DORRIS MICHAEL A. WELZ YOLANDA M. CARTER DAVID G. DOZIER JAMES L. WILLETT JESSIE L. CASTILLO JEFFERY N. DUGARD THOMAS M. WILLIAMS MATTHEW J. CEGELSKE STEVEN J. DWYER DONALD V. WILSON WILFREDO CRUZBAEZ TOMMY L. EDGEWORTH BOBBY L. WOODS ANTHONY W. DAVIS JONATHAN B. EDWARDS TRAMPAS B. WRIGHT JONATHAN S. DURHAM DAVID F. ETHERIDGE ALONZO WYNN JAY F. ELSON ERIC B. FINNEY COLIN D. XANDER ALBERICO ESTEVEZ JAMES F. FLINT WILBUR L. HALL II JOHN J. FORTINO THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTINA M. HICKS LANCE C. FOSTER TO THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTINA HINES DAVID N. FOWLER UNDER TITLE 10, U.S.C., SECTION 624: DENNIS R. HOLDEN KEVIN L. FRIEDLY To be lieutenant commander PEIHUA KU JEFFERY S. FULSON ANDREW R. LUCAS RICHARD W. GAINES MATTHEW L. ABBOT KENNETH J. MAROON DEAN A. GAYLE ROBERT E. ADKINS GREGORY C. MORRISON STEVEN D. GILBERT HOLMAN R. AGARD NANCY MOULIS CHRISTOPHER J. GOELZE CHAD D. ALBOLD JAMES A. PAPPAS RONALD C. GORBY MICHAEL E. ALBRECHT JAMES H. PASLEY, JR. JOHNNY L. GRAVES WILLIAM J. ALCOCER, JR. MARVIN J. M. PEREDO JEFFREY E. GREEN ANTONIO ALEMAR GARY L. RAYMOND ALEX W. GRIFFEN ISMIAL A. ALJIHAD OSCAR W. SIMMONS IV KEITH D. HAINES JAMES M. ALLEN MICHAEL L. SOUTH II VINCENT R. HAMILTON KEVIN C. ALLEN VICTOR T. TAYLOR, JR. STEPHEN L. HANEY RONALD J. ALLEN DAVID C. WEST JAMES J. HARKIN WILLIAM J. ALLEN MICHAEL R. WIDMANN RONNIE C. HARPER, JR. BENJAMIN AMDUR KENYA D. WILLIAMSON MARVIN D. HARRIS MIKE D. AMERINE ROBERT J. HAUCK MORGAN P. AMES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WILLIAM HENDERSHOT DAVID K. AMONDSON TO THE GRADE INDICATED IN THE UNITED STATES NAVY GORDON C. HENDERSON JASON D. ANDERSON UNDER TITLE 10, U.S.C., SECTION 624: ROY L. HENKLE JOHN K. ANDERSON To be lieutenant commander SEAN K. HENRY NATHANIEL S. ANDERSON KERRI L. HOLM MEGHAN T. ANGERMANN DENISE G. BARHAM DAVID J. HOOPLE STEPHEN ANSUINI AMY N. CARMICKLE DEREK S. HUGGINS JOSHUA A. APPEZZATO LIGIA I. COHEN RODNEY E. HUNT PHILLIP C. ARAMBURU CLAYTON B. DOSS III GEORGE S. KOONS TIMOTHY D. ARBULU JOSHUA A. FREY ANGELA K. KOSKO STEVEN D. ARGROVES RICHARD D. HECHT ANTHONY F. KOSLOSKI BRIAN C. ARMIJO MICHAEL W. MORLEY VINCENT E. KUBICSKO JOHN D. ARMSTRONG KATHERINE L. RAIA JOHN J. LALLI III ARUN P. ARUMUGASWAMY KYLE A. RAINES BRION G. LANGLEY TIMOTHY P. ATHERTON STEVEN C. RUH JOHN R. LEAMAN DANIEL M. ATTAWAY JAMES D. STOCKMAN RICHARD LOZADANEGRON PETER J. AVALOS HERLINDA K. SWEENEY DAVID T. MAGEE RUTH G. AVELIS THOMAS G. MAROUSEK FRANCIS C. AXIAK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL A. MARTIN LUCAS E. BABBITT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TIMOTHY E. MARTIN ALEXANDER T. BAERG UNDER TITLE 10, U.S.C., SECTION 624: OMAR G. MARTINEZ CURTISS L. BAILEY To be lieutenant commander JAMES D. MCCARTNEY JOSHUA T. BAILEY DAVID M. MCCARTY JOHN M. BAKER GUILLERMO R. AMEZAGA MICHAEL L. MCDONOUGH KENNETH B. BAKER CRISTAL C. ARMIJO KELVIN B. MCGHEE MATTHEW P. BAKER KYLE T. BADEN MICHAEL S. MCGREGOR PATRICK T. BAKER RICHARD L. DAVIDSON JAMES B. MCLAUGHLIN ADRIAN C. BAREFIELD JAIMILYN D. DAVIS STEVE R. MICHAUD DENNIS A. BAREFOOT CHARLES A. DEPALMA II JEFFREY D. MILLER JENNIFER N. BARNES WILLIAM A. GIRDLER JOHN D. MOORE GREGORY R. BARTON JEFFREY T. GREESON DONALD K. MORRIS II JEREMY M. BAUER PATRICK J. HAVEL ROSALIND D. MORRISON WESLEY E. BAUMGARTNER JEREMY W. HOLTON DAVID L. NICHOLS MICHAEL A. BAXTER PAUL M. KUTIA TODD M. OAKES CHRISTIAN M. BEARD MARK MURNANE JEFFREY T. OWENS MICHAEL R. BEARD ANDREA C. ONEILL MARK A. PABON MICHAEL S. BEATY JEFFREY M. PALMER JASON B. PARMLEY ROBERT B. BEEMAN SCOTT W. PARKER TERRANCE J. PATTERSON JAMES L. BELL

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SCOTT D. BELL SEAN M. DANOWSKI BRIAN J. GLASER SHAUN M. BELLEMARE JAMES A. DAVENPORT JOHN A. GOFFRIER JASON C. BELY DAVID G. DAVIS BRUCE W. GOLDEN MICHAEL A. BEMIS FRANK W. DAVIS, JR. MICAELA K. GOLDING JOHN B. BENFIELD HEIDI E. DAVIS JOSE R. GOMEZ ARTHUR A. BENJAMIN LUKE H. DAVIS JOHN T. GONSER DANIEL S. BENNETT MATTHEW R. DAVIS MATTHEW W. GOOD JEFFERY W. BENSON KEVIN T. DEAN MICHAEL D. GOOD JOHN A. BENSON TIMOTHY J. DEBELAK LORI M. GOODENOUGH EDWARD X. BERDECIO JASON W. DEBLOCK CHRISTOPHER J. GOODSON SARA C. BERNARD DANIEL P. M. DELACRUZ NATHANIEL D. GORDON PATRICK I. BERNHARD LUIS V. DELATORRE MICHAEL J. GOTTHOLD DANIEL G. BETANCOURT CHRISTOPHER P. DELEON JARED D. GOUL CONRAD C. BICKNELL JEFFREY M. DEMARCO JAMES K. GRAHAM, JR. JEREMIAH J. BINKLEY AARON P. DEMEYER WILLIAM T. GRANT MARK O. BJERKE BOBBY J. DEMPSEY DUSTY L. GRAY BRIAN E. BLAIR CONSTANCE M. DENMOND JONATHAN D. GRAY HAROLD J. BLAKELY PATRICK S. DENNIS MICHAEL L. GREENTREE PETER J. BLAMEUSER GRETA S. DENSHAM JAMES F. GRIFFIN GABRIEL C. BLANTON JOSEPH C. DENTON MARTIN J. GRIGGS KYLE N. BOCKEY CHRISTOPHER S. DENTZER STEVEN S. GROOVER BRANDON J. BOGGS JASON P. DESMARAIS STEVEN M. GROSSMAN NICHOLAS J. BORMAN NAPOLEON B. DEVEAUX BRYAN W. GRUBERT DREW A. BOROVIES MARCUS A. DEVINE JOSEPH A. GUEARY FREDERIC A. BORRIES MARY K. DEVINE JOSHUA R. GUERRE KEVIN M. BOSS KRISTOPHER M. DICKSON BRYAN S. GUNKEL SHAWN K. BOWEN ERIKA E. DIGEL JAY HADDOCK SCOTT A. BRANON CHINH C. DOAN EARL P. HADLER JAMES P. BRASSFIELD ANTHONY J. DOBSON JOHN M. HAESLER JACOB F. BRAUN MICHAEL R. DOLBEC BRYAN P. HAGER CHRISTOPHER R. BRENNER ANGELA R. DOMINGOS DUSTIN R. HAGY WADE A. BREWTON CHRISTOPHER P. DONABELLA CHRISTOPHER S. HAHN MICHAEL J. BRITT SEAN P. DONAGHAY TRAVIS W. HAIRE DAVID W. BRITTON CHAD R. DONNELLY WARREN A. HAKES JOSEPH D. BROGREN MICHAEL P. DONNELLY RICHARD A. HALBIG ERIC H. BROMLEY DAVID R. DONOHUE JOSHUA P. HALFPAP LONA C. BROOKS JUSTIN S. DRACH CHRISTOPHER J. HALL JASON R. BROTHERTON ADAM DRAYTON DAVID M. HALPERN CHRISTOPHER M. BROWN MATTHEW J. DRILIAS JOHN M. HALTTUNEN CHRISTOPHER V. BROWN DEREK S. DRYDEN JOSHUA M. HAMEL DANIEL W. BROWN JOHN R. DUARTE JOHN W. HAMILTON GREGORY S. BROWN CHRISTOPHER M. DUDLEY JOSHUA S. HANES WESLEY A. BROWN TODD A. DUEZ DANIEL O. HANNUM DAVID W. BROWNING JAMES A. DUNDON ROBERT E. HANVEY JAMES M. BRUNSON EDWIN R. DUPONT GREGORY M. HARKINS CHRISTOPHER K. BRUSCA MICHAEL S. DWAN CHRISTOPHER M. HARP ERIC C. BUCHANAN THEODORE R. DYCKMAN RICHARD J. HARRINGTON ANDREW D. BUCHER JOHN V. DZIALOSKI BARNET L. HARRIS II JASON C. BUDDE EMANUEL R. EASTER MICHAEL R. HARRIS DUNCAN S. BULLOCK WILLIAM G. EASTHAM RICKE P. HARRIS, JR. ERICA A. BURFIELD NANCY J. EDELEN SCOTT E. HARRIS ELISHA J. BURLESON JAMIE L. EDENS WILLIAM P. HARRIS GRAYSON J. BURNETTE ARIC H. EDMONDSON WILLIAM J. HARTING ROBERT H. BURNS CEDRIC B. EDWARDS PETER J. HATCHER SEAN R. BUTTS THOMAS J. EHRING MICHAEL J. HAYMON, JR. RICHARD W. BYERS OLUKEMI O. ELEBUTE LEONARD E. HAYNES BRYAN G. CABLE DAVID V. ELIAS MICHAEL J. HAZELRIG KEVIN B. CAHILL PATRICK R. ELIASON ALBERT B. HEAD III DANIEL L. CAIN THEODORE J. ELKINS ROBERT B. HEATER LOUIS H. CALISCH III SHANNON M. ELLINGSON CHRISTOPHER A. HEDRICK DONALD J. CALKINS ANDREW J. ELLIS CHAD J. HEIRIGS JOSHUA E. CALLOWAY EDWIN B. ENRIQUEZ KAREN M. HELD CLIFFORD M. CAMAMILE ETHAN G. ENSLEY JOANNA L. HELM RICHARD M. CAMARENA PETER H. EUDY, JR. JOSHUA A. HENGST DAVID L. CAMPBELL JAMES W. EWING STEPHEN J. HENZ JUSTIN M. CANFIELD JEREMY R. EWING JOHN F. HERKAMP LENNARD D. CANNON CHARLES D. FAIRBANK ELIZABETH A. HERNANDEZ JOSEPH J. CAPALBO JAMES R. FAISON SHAD H. HERRENKOHL HECTOR M. CARDENAS MICHELLE E. FALCO CORY F. HESS SETH G. CARLONEHANSON MICHAEL T. FAUST GREGORY A. HESTER, JR. WILLIAM D. CARMACK JONATHAN M. FAY NOBLE HETHERINGTON KEVIN R. CASAGRANDE PAGE M. FELINI EUGENE F. HICKS JOHN W. CASSELL TERRY C. FELLOWS MICHAEL W. HILTON PHILIP P. CASTELLANO MARTIN N. FENTRESS, JR. STEPHEN C. HINES ANDREW M. CENISEROZ ROGER C. FERGUSON BRIAN R. HIRTE MARSHALL W. CHASTAIN MICHAEL A. FERRARA KENNETH B. HOCKYCKO MATTHEW A. CHESTER DAROL D. FIALA SCOTT C. HODGE MICHAEL R. CHINN JOSHUA R. FILBEY KARL D. HOERSTER KEVIN A. CHLAN WILLIAM N. FILIP JEFFREY T. HOLDSWORTH PETER P. CHRAPKIEWICZ JUSTIN D. FISHER JEFFERY D. HOLLENBACH ALLISON N. CHRISTY MICHAEL D. FISHER SHANNON L. HOOVER JOHN H. CIGANOVICH THOMAS P. FLAHERTY III AMBER L. HOPEMAN THOMAS E. CLARITY DOYLE P. FLANNERY BRYAN M. HOPPER WARREN C. CLARK KELLY C. FLYNN NATHAN HORNBACK CLIFFORD D. CLOSE II STACY L. FOLEY GEORGE A. HOWELL CHRISTOPHER C. COFFEY MICHAEL K. FONTAINE THOMAS E. HOYT MICHAEL J. COFFEY CHRISTOPHER J. FORCH ROGER L. HUFFSTETLER II MATTHEW A. COLE MATTHEW W. FOSTER JOHN H. HUGGINS DAVID S. COLES MICA J. FOSTER DAVID A. HULJACK KENNETH R. COLMAN JENNIFER M. FREE ROBERT G. HULSE JEFFREY M. COLVIN JAMES J. FREY COLLEEN C. IGNACIO SHAWN E. CONNIFF THOMAS R. FRIDLEY KEVIN INABNIT ANDREW N. COOK BRYAN D. FRY TRAVIS T. INOUYE DAMON J. COOK JOSHUA P. FULLER JOHN D. ISMAY ERIC C. COOK RYAN T. FULWIDER JASON W. ISRAEL MATTHEW COOMBS JAMES H. FURMAN JUSTIN T. ISSLER SHANNON A. COREY JOHN L. GAINES III CHIKIYO M. JACKSON DONALD H. COSTELLO III MICHAEL P. GALA RODOLFO JACOBO ERIC L. COTTRELL JULIO C. GALVAN ANTHONY C. JAMES BRYAN T. COULTAS GABRIEL J. GAMMACHE BRAD T. JANSKY CHARLES T. COURSEY NATHAN J. GAMMACHE MICHAEL M. JARBOE JOHN R. COURTRIGHT GRANT R. GARCIA DENNIS W. JENSEN JONATHAN A. CRAWFORD JACK A. GARCIA JIMMIE J. JENSEN III JANUARY J. CRIVELLO RICHARD H. GARCIA BARRY A. JESSEE TRICIA A. CRONAU CORY N. GASSAWAY HEATH E. JOHNMEYER KEVIN D. CULVER ANDREW C. GASTRELL JOSHUA P. JOHNSON ARGUS I. CUNNINGHAM RYAN J. GAUL MICHAEL A. JOHNSON PETER J. CURRAN BRADLEY D. GEARY MICHAEL J. JOHNSON JACK E. CURTIS SANDY GEATHERS III SCOTT P. JOHNSON JOHN M. CYCYK BENNETT J. GIBBS DOUGLAS E. JONART CHRIS W. CZAPLAK MARK E. GILLASPIE KELLEY T. JONES JASON A. DALBY LEONARDO GIOVANNELLI CHRISTOPHER J. JUDKINS

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JOHN P. KAHENY MICHAEL S. MARGOLIUS JAMES A. OLIVER MICHAEL G. KAMAS ANDREW P. MARINER SEAN F. OLONE ERICK R. KAMMEYER KEITH E. MARINICS PATRICK R. OLOUGHLIN JEFFREY G. KANSY ROBERT J. MARSH MATTHEW C. OLSON TERRI D. KANSY JAMES L. MARTELLO JAMES E. ONEIL III CRAIG R. KARSCH DANIEL P. MARTIN TIMOTHY L. OSBORNE BRIAN A. KASZTELAN DOUG E. MARTIN EDWIN E. OSTROOT II JOSEPH J. KATO JAMES K. MARTIN KEVIN J. OVERMANN KENDRA L. KAUFMAN MATTHEW V. MARTIN MARK F. OZDARSKI MICHAEL P. KEAVENY JOSEPH G. MARTINEZ GEOFFREY B. PAGANO GREGORY C. KEENEY WILLIAM M. MATHIS, JR. SCOTT D. PALMER JOSHUA G. KELLEY WILLIAM C. MATTESON WILLIAM E. PALSROK II BRENNA S. KELLY MATTHEW G. MAXWELL ASHLEY L. PANKOP JOHN D. KELLY JOSEPH A. MAY NICHOLAS C. PANOS MICHELLE R. KEMP PHILIP T. MAZZARA ADAM J. PAPPAS CHRISTOPHER J. KENDRICK CHARMAINE F. MCABREW MANUEL J. PARDO JOHN H. KERR TERRENCE B. MCADOO EDDIE J. PARK ZACHARY A. KERRIGAN BRENDAN J. MCANDREWS JESSICA R. PARKER SAMUEL R. KESLER RAYMOND K. MCBRIDE WILLIAM G. PARKHURST ERIC V. KESSLER JUSTIN T. MCCAFFREE JESSICA R. PARKS MATTHEW D. KING ZACHERY B. MCCARTY TRACY S. PARSONS ZACHARY S. KING STEVEN J. MCCAULEY ALAN A. PATTERSON WILL E. KIRBY CHARLES W. MCCUTCHEN JOSHUA S. PATTERSON ZACHARY T. KIRBY BRETT M. MCDANIEL DAVID S. PAXTON MATTHEW J. KISER BRIAN D. MCELWAIN DAVID L. PAYNE, JR. JOHN J. KITT DAVID J. MCELYEA, JR. ANDREW P. PEARSON DANIEL J. KITZMILLER ROBERT W. MCFARLIN IV KYLE PEITZMEIER ERIK J. KJELLGREN ANDREW M. MCGINLY WENDEL D. PENETRANTE ADAM M. KLEIN JOSEPH A. MCGRAW II JASON E. PEPIN AARON R. KLINE KEVIN M. MCHUGH ROBERT J. PEREZ GREGORY M. KLOS DONALD W. MCILVAINE GARTH A. PETERSEN ANDREW J. KLUG PATRICK M. MCKENNA AARON C. PETERSON DAWN S. KNASAS JOHN R. MCLAUGHLIN ERIC G. PETERSON MITCHELL T. KOCH CONNOR S. MCLEMORE KEITH A. PETERSON SCOTT C. KOCH ADAM R. MCLEOD CRAIG S. PETTRY GREGORY R. KOEPP II KATHRYN M. MCMAHON MATTHEW P. PHILLIPS JOHN A. KOLLAR IV MATTHEW T. MCNALLY JOHN T. PIANETTA THOMAS E. KOLODZI MATTHEW A. MCNEALY THOMAS P. PICKERING CHRISTINE L. KOMOROSKI KEVIN M. MEINERT OTTO M. PIEDMONT II SERGIO D. KONTEK LESTER M. MELANSON III TODD A. PIKE ERIC D. KRAUSE BRIAN S. MELLO WILLIAM A. PIKUL KARL W. KRAUT TERRY E. MENTEER, JR. EDWARD J. PLEDGER JOSEPH E. KRIEWALDT SCOTT C. MENZIES DAVID V. PODGORSKI JUSTON R. KUCH ALBERT MERCADO ROBERT R. POGGIO JOHN E. KUTA BRIAN D. MERRIMAN GLENDA K. POLLARD ANTHONY KYLE KRISTOPHER K. MEYER JOSEPH A. POMMERER JEFFREY W. LABAUVE DIANE E. MIDDLETON CORY D. POPE MATTHEW W. LACHAPELLE JEFFREY L. MILLAR PAUL E. PORTER, JR. ERIK T. LAEDER BRIAN J. MILLER CARLOS M. POSEY ANNE M. LAIRD CLINT W. MILLER TAVIS C. POWELL ROBERT M. LAIRD, JR. JASON L. MILLER JONATHAN M. POWERS IAN W. LAKE JEREMY A. MILLER JOSHUA D. POWERS STEFAN E. LAMBERSKI MARK J. MILLER TIMOTHY J. POWERS JOHN W. LAMBERT RAYMOND L. MILLER CHRISTOPHER M. PRATT ROY A. LAMONT SCOTT E. MILLER ALBERT J. PREBULA III KELLY L. LAND NATHAN M. MILLS JAMES A. PRIBBLE KENNETH J. LANDRY COURTNEY M. MINETREE JAMES R. PROUTY, JR. JOHN C. LANEY III LESLIE A. MINTZ JESSE C. PRUETT BRANDON L. LANTIS CHRISTOPHER M. MIRANDA CHRISTOPHER M. PURCELL PATRICK J. LARKIN HERIBERTO G. MIRELES THOMAS PURVIS BRIAN M. LAUBER LENARD C. MITCHELL BRIAN K. PUSKAS MARK W. LAWRENCE MICHAEL S. MITCHELL EDWARD M. RAISNER RYAN B. LEARY PATRICK L. MITCHELL JOHN L. RANDAZZO NICOLAS B. LECLERC SHENEQUA L. MITCHELL CHRISTOPHER T. RATTIGAN JULIO A. LEDESMA ANDREW R. MOAN JASON A. RAY SONYA L. LEE NICHOLAS L. MOLLENHAUER JAMES D. RAYMOND MATTHEW P. LEHMANN MARK R. MONAHAN WILLIAM J. REARDON DANIELLE L. LEIBY STEVEN Y. MONDY MICHAEL P. REDEL MATTHEW R. LEMLEY JAY J. MOORE JAMES G. REEVE KIMBERLY E. LEONARD KATHERINE A. MORAN TARA A. REFO RICHARD T. LESIW MICHAEL K. MORELAND MICHAEL L. REGISTER KYLE P. LESLIE EDWARD R. MORELLI JOHN K. REID DANIEL A. LEVY MATTHEW J. MORGAN ANDREW M. REILLY CHAVIUS G. LEWIS PETER A. MORGAN PAUL B. RENWICK JOSHUA R. LEWIS DANIEL M. MORONEY THOMAS A. RESIG MATTHEW H. LEWIS JAMES B. MORRISON DAVID L. REYES MICHAEL J. LEWIS THOMAS K. MORROW II TIMOTHY L. RHATIGAN SEAN P. LEWIS MICHAEL G. MORTENSEN MARK A. RICE SHAUN T. LIEB JARROD L. MOSLEY PATRICK R. RICH SETH A. LIEBMAN MATTHEW L. MUEHLBAUER HEATH F. RICHARDSON TRAVIS H. LIKES BISHER F. MUFTI, JR. JAMES A. RIEHL CYNTHIA P. LISA KURT J. MUHLER JOHN P. RILEY ERIC A. LITTLE STEPHANIE L. MULL NEIL R. RINE FRANK J. LOETHEN MATTHEW T. MULLINS GLENN P. RIOUX FRANK M. LOFORTI SEAN P. MULROONEY MATTHEW RIVERA GERALD P. LORIO LAUREN J. MURPHY NATHANIEL J. ROBBINS JENNIFER L. LORIO MICAH D. MURPHY CHRISTOPHER J. ROBERTS KEVIN T. LOUIS EDWARD H. MURRAY IV MORGAN D. ROBERTS MICHELE N. LOWE CHRISTOPHER S. MYERS WESTLEY A. ROBERTS MATTHEW A. LUDWIG TIMOTHY J. MYERS MARK T. ROBINSON BRETT M. LUKASIK MICHAEL J. NANOFF PRESTON J. ROLAND ERIK T. LUNDBERG DAVID F. NASH JOEL C. ROLLEY SHAUN P. LYNCH KELLY K. NATTER KENNETH M. ROMAN KEVIN P. LYONS JOHN M. NEUHART II JACOB J. ROSALES CHARLES S. MACCALLUM MICHAEL R. NEWHOUSE MAGDIEL ROSARIO MARCUS M. MACCARIO WILLIAM J. NEWHOUSE ARLEN B. ROSE GREGORY A. MACHI MICHAEL J. NICCOLI ROBERT W. ROSE DANIEL R. MACK MATTHEW L. NICHOLAS ADAM C. ROSENSWEET JIWAN A. MACK BRIAN H. NICHOLS GIANCARLO ROSSI MARK B. MACNAMARA THOMAS J. NIEBEL BRIAN M. ROTH JOHN G. MADEA SCOTT C. NIETZEL SHASTA L. ROUCH DANNY R. MADISON SPENCER T. NORDGRAN CHAD J. ROUM CASSANDRA L. MADSEN NOEL M. NORTON NATHAN L. ROWAN KELLY J. MAHAFFEY DOUGLAS V. NYE FRANK J. RYAN III SEAN M. MAHONEY MATTHEW D. OBRIAN CHRISTOPHER R. RYDER JUDSON D. MALLORY KEVIN B. OBRIEN HENRY T. SAITO ALEXANDER S. MAMIKONIAN KIRK M. OCHALEK JOHNN J. SAIZ MICHAEL P. MANICCHIA MARK E. OCONNELL MICHAEL R. SANDRIDGE JOSEPH P. MANION SHAWN P. OCONNOR KUMAR SANKARA RONALD J. MANSOLILLI SEAN M. ODONNELL JUSTIN A. SARLESE WALTER F. MANUEL THOMAS P. ODONNELL DOUGLAS R. SATTLER, JR. KEISHA N. MARABLE JAMES B. ODONOVAN MICHAEL J. SAYLOR

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EVAN T. SCAGGS MARC W. STIRTON MATTHEW T. VENTIMIGLIA IAN J. SCALIATINE JESSE T. STOFFEL MATTHEW R. VERNON WILLIAM L. SCARBOROUGH MICHAEL A. STOKER ANNA E. VILLALPANDO JON P. SCHAFFNER MICHAEL E. STONE DENNIS D. VILLENA CLARK G. SCHARMAN ALBERT A. STOWE JOHN C. VINSON, JR. JEREMY P. SCHAUB NATHAN T. STRANG MATHIAS J. VORACHEK RENEE M. SCHERR MICHAEL J. STRAUSS JOHN P. WAGGONER MATTHEW T. SCHLARMANN JAMES A. STRICKLAND MARK WAGNER NATHAN K. SCHNEIDER CHARLES M. SUBBIONDO JASON D. WALKER KEITH SCHROEDER PATRICK J. SULLIVAN EMILY M. WALL ROBERT C. SCHULTZ CHRISTOPHER D. SUTHERLAND MICHAEL R. WALLACE JACQUELINE A. SCHUMAN MARK A. SWINGER KENNETH A. WALLER, JR. ERICH C. SCHWARZ SHELTON B. SYKES JASON J. WARD ANTHONY A. SCIGLIANO MARK A. SZYPULA MICHAEL D. WARD LUCAS B. SCOGGIN DAVID N. TAFT ROBERT A. WATERSTON BRIAN F. SCOPA MATTHEW W. TALLYN EDDIE L. WATSON CARY C. SCOTT JILL M. TAMMINGA CHRISTOPHER E. WEAR MARVIN J. SCOTT ANGELA J. TANG ROBERT WEBSTER KEVIN A. SELF STEVEN TARR III JEREMY A. SHAMBLEE TROY T. TARTAGLIA DAVID J. WEGMUELLER EUGENE E. SHAW RICHARD J. TAULLI THOMAS G. WEILER DANIEL P. SHEA BRIAN S. TAYLOR FRANK J. WEISSER III ERIC D. SHEBATKA CHERIE TAYLOR MATTHEW S. WELLMAN ZOE B. SHERMAN STEVEN W. TAYLOR JONATHAN B. WELSH NATHANIEL R. SHICK THOMAS G. TAYLOR KELLY E. WELSH AARON D. SHIFFER CHRISTOPHER J. TEJEDA RICHARD T. WELTZ STEPHEN C. SHIRLEY DOMINIC M. TELENKO ROBERT J. WHEAT TODD C. SHIVELY RODRICK A. TESTER DAVID W. WHETSTONE TIMOTHY J. SHIVOK WADE C. THAMES DOUGLAS M. WHITE LEROY M. SHOESMITH, JR. RUSSELL P. THIEM LYNDEN D. WHITMER, JR. DANIEL C. SHORT MARCUS A. THIES SHANNON L. WIENS TIMOTHY J. SHUBZDA ERIK M. THOMAS TY C. WIESE BRYAN T. SIEGEL JENNIFER L. THOMAS RYAN M. WILCOX CHARLES A. SIKORSKI ERIC C. THOMPSON WILLIAM H. WILEY KEITH A. SIMMS JASON D. THOMPSON ROBIN V. WILHELM CHRISTOPHER M. SINGLETARY MATTHEW A. THOMPSON JASON A. WILKERSON ERIC W. SISCO MATTHEW F. THOMPSON ROBERT A. WILKERSON BRIAN J. SKOTKO JAMES T. THURMAN HOWARD W. WILKINSON II ROBERT W. SLUYS JAMES G. THURSTON II DOUGLAS WILLIAMS NICHOLAS C. SMETANA JOHN V. TOBIN RONALD J. WILLIAMS MATTHEW A. SMIDT JAMES J. TOMASZESKI STEPHEN L. WILLIAMS BARRETT J. SMITH AMY R. TOMLINSON RUSTY J. WILLIAMSON CHRISTOPHER R. SMITH SCOTT M. TOMPKINS PAUL R. WILLIS JUSTIN O. SMITH IVAN C. TORRES JASON K. WILSON LAWRENCE P. SMITH DAX C. TRACY BRITTON D. WINDELER BRIAN O. SOUDER DENNIS K. TRAN LEONARD A. WISE III ROBERT C. SPARLING EUGENE E. TRELLES CHADRICK O. WITHROW RAMON D. SPRADLIN CRAIG M. TRENT JOHN C. WITTE NATHANIEL C. SPURR ROBBY D. TROTTER GREGORY C. WOODWARD AMANDA M. STAHLSCHMIDT MICHAEL TSONIS NICHOLAS F. WOODWORTH ZACHARY S. STANG SHIPOR TSUI MICHAEL A. WOODY JOHN B. STANTON JASON L. TUMLINSON MATTHEW W. WRIGHT ROGER F. STANTON JAMES M. TURNER STACY M. WUTHIER SHANNON M. STANTON TIMOTHY F. TUSCHINSKI JARED W. WYRICK DOUGLAS H. STEELE CLIFF J. UDDENBERG NICHOLAS T. WYZEWSKI CRAIG A. STEINER MICHAEL J. UYBOCO EDWARD P. YANDOC GARY E. STEPHENS JOEL S. UZARSKI CHRISTOPHER A. YOUNG JOHN J. STEWART JASON G. VALDESPINO KATHLEEN J. YOUNGBERG ZANE M. STICKEL HUMBERTO VALENZUELA, JR. ELIZABETH W. ZDUNICH JASON C. STIEFER WARREN VANALLEN MARK E. ZEMATIS ERIK S. STINSON ARTHUR L. VEASLEY STUART R. ZURN

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SENATE COMMITTEE MEETINGS ment Agency, Department of Homeland AUGUST 6 Title IV of Senate Resolution 4, Security. 10 a.m. SD–342 agreed to by the Senate on February 4, Commerce, Science, and Transportation 2 p.m. Aviation Operations, Safety, and Security 1977, calls for establishment of a sys- Commerce, Science, and Transportation tem for a computerized schedule of all Subcommittee Business meeting to consider S. 1078, to To hold hearings to examine aviation meetings and hearings of Senate com- authorize a comprehensive national co- safety, focusing on the relationship be- mittees, subcommittees, joint commit- operative geospatial imagery mapping tween network airlines and regional tees, and committees of conference. program through the United States Ge- airlines. This title requires all such committees ological Survey, to promote use of the SR–253 to notify the Office of the Senate Daily program for education, workforce Energy and Natural Resources Digest—designated by the Rules Com- training and development, and applied To hold hearings to examine the nomina- mittee—of the time, place, and purpose research, and to support Federal, tions of John R. Norris, of the District of the meetings, when scheduled, and State, tribal, and local government of Columbia, to be a Member of the programs, S. 30, to amend the Commu- any cancellations or changes in the Federal Energy Regulatory Commis- nications Act of 1934 to prohibit manip- meetings as they occur. sion for the remainder of the term ex- ulation of caller identification infor- piring June 30, 2012, Jose Antonio Gar- As an additional procedure along mation, S. 251, to amend the Commu- with the computerization of this infor- cia, of Florida, to be Director of the Of- nications Act of 1934 to permit targeted fice of Minority Economic Impact, De- mation, the Office of the Senate Daily interference with mobile radio services partment of Energy, and Joseph G. Digest will prepare this information for within prison facilities, S. 952, to de- Pizarchik, of Pennsylvania, to be Di- printing in the Extensions of Remarks velop and promote a comprehensive rector of the Office of Surface Mining section of the CONGRESSIONAL RECORD plan for a national strategy to address Reclamation and Enforcement, Depart- on Monday and Wednesday of each harmful algal blooms and hypoxia ment of the Interior. week. through baseline research, forecasting SD–366 Meetings scheduled for Tuesday, Au- and monitoring, and mitigation and Environment and Public Works gust 4, 2009 may be found in the Daily control while helping communities de- To hold hearings to examine climate tect, control, and mitigate coastal and Digest of today’s RECORD. change and clean energy. Great Lakes harmful algal blooms and SD–406 hypoxia events, S. 1538, to establish a Homeland Security and Governmental Af- MEETINGS SCHEDULED black carbon and other aerosols re- fairs AUGUST 5 search program in the National Oce- Federal Financial Management, Govern- Time to be announced anic and Atmospheric Administration ment Information, Federal Services, Homeland Security and Governmental Af- that supports observations, moni- and International Security Sub- fairs toring, modeling, S. 1539, to authorize committee Business meeting to consider the nomi- the National Oceanic and Atmospheric To hold hearings to examine the United nations of Alexander G. Garza, of Mis- Administration to establish a com- States Postal Service. souri, to be Assistant Secretary of prehensive greenhouse gas observation SD–342 Homeland Security and Chief Medical and analysis system, and the nomina- Judiciary Officer, Ernest W. Dubester, of Vir- tions of Christopher P. Bertram, of the Business meeting to consider the nomi- ginia, to be a Member, and Julia Akins District of Columbia, and Susan L. nations of David J. Kappos, of New Clark, of Maryland, to be General Kurland, of Illinois, both to be Assist- York, to be Under Secretary of Com- Counsel, both of the Federal Labor Re- ant Secretary, and Daniel R. Elliott, merce for Intellectual Property and Di- lations Authority. III, of Ohio, to be a Member of the Sur- rector of the United States Patent and S–216, Capitol face Transportation Board, all of the Trademark Office, and Steven M. 9:30 a.m. Department of Transportation, Patri- Dettelbach, of Ohio, to be United Banking, Housing, and Urban Affairs cia D. Cahill, of Missouri, to be a Mem- States Attorney for the Northern Dis- To hold hearings to examine proposals to ber of the Board of Directors of the trict of Ohio, Carter M. Stewart, of enhance the regulation of credit rating Corporation for Public Broadcasting, Ohio, to be United States Attorney for agencies. Christopher A. Hart, of Colorado, to be the Southern District of Ohio, and SD–538 a Member of the National Transpor- David Edward Demag, of Vermont, to 10 a.m. tation Safety Board, Dennis F. High- be United States Marshal for the Dis- Commerce, Science, and Transportation tower, of the District of Columbia, to trict of Vermont, all of the Department To hold hearings to examine the nomina- be Deputy Secretary of Commerce, and of Justice. tions of Dennis F. Hightower, of the Robert S. Adler, of North Carolina, to SD–226 District of Columbia, to be Deputy Sec- be a Commissioner of the Consumer Small Business and Entrepreneurship retary of Commerce, and Robert S. Product Safety Commission. To hold hearings to examine the nomina- Adler, of North Carolina, and Anne M. SR–253 tions of Winslow Lorenzo Sargeant, of Northup, both to be a Commissioner of 2:15 p.m. Wisconsin, to be Chief Counsel for Ad- the Consumer Product Safety Commis- Foreign Relations vocacy, and Peggy E. Gustafson, of Illi- sion. Business meeting to consider pending nois, to be Inspector General, both of SR–253 calendar business. the Small Business Administration. Foreign Relations S–116, Capitol SR–428A To hold hearings to examine the nomina- 2:30 p.m. Commission on Security and Cooperation tion of David C. Jacobson, of Illinois, Homeland Security and Governmental Af- in Europe to be Ambassador to Canada, Depart- fairs To receive a briefing to examine ment of State. Oversight of Government Management, the Moldova’s recent elections. SD–419 Federal Workforce, and the District of SVC–202/203 Homeland Security and Governmental Af- Columbia Subcommittee 2:15 p.m. fairs To hold hearings to examine strength- Indian Affairs To hold hearings to examine the nomina- ening the federal acquisition work- Business meeting to consider pending tion of Kelvin J. Cochran, to be Admin- force, focusing on government-wide calendar business; to be immediately istrator, United States Fire Adminis- leadership and initiatives. followed by a hearing to examine S. tration, Federal Emergency Manage- SD–342 1011, to express the policy of the United

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

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