E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 112 CONGRESS, FIRST SESSION

Vol. 157 WASHINGTON, WEDNESDAY, FEBRUARY 2, 2011 No. 15 House of Representatives The House was not in session today. Its next meeting will be held on Tuesday, February 8, 2011, at 10 a.m. Senate WEDNESDAY, FEBRUARY 2, 2011

The Senate met at 10 a.m. and was The legislative clerk read the fol- our offices every single day and telling called to order by the Honorable lowing letter: us all the ways this bill keeps them KIRSTEN E. GILLIBRAND, a Senator from U.S. SENATE, from creating the jobs we need, to show the State of New York. PRESIDENT PRO TEMPORE, you have actually noticed most Ameri- Washington, DC, February 2, 2011. cans don’t want this bill, to show you PRAYER To the Senate: are aware more people want it repealed The Chaplain, Dr. Barry C. Black, of- Under the provisions of rule I, paragraph 3, than do not, to show you have noticed of the Standing Rules of the Senate, I hereby fered the following prayer: the townhalls in your States, to show appoint the Honorable KIRSTEN E. Let us pray. GILLIBRAND, a Senator from the State of New you have noticed the opposition to this Almighty God, father of us all, con- York, to perform the duties of the Chair. bill continues to grow, to show you tinue to guide our lawmakers during DANIEL K. INOUYE, have noticed the Federal court rulings these challenging times. Infuse them President pro tempore. that show this bill is unconstitutional with wisdom and energy so that they Mrs. GILLIBRAND thereupon as- at its core. will not become discouraged by what sumed the chair as Acting President It is not every day you get a second sometimes seems an impossible situa- pro tempore. chance on a big decision after you tion. Show them the road that will lead Mr. REID. Madam President, I sug- know all the facts. This is that second to a desired destination as You assure gest the absence of a quorum. chance. them of Your presence, love, and grace The ACTING PRESIDENT pro tem- For all of us who opposed the health in their work. Lord, help them to defer pore. The clerk will call the roll. care bill, today we reaffirm our com- to each other, to respect each other, so The legislative clerk proceeded to mitment to work a little harder to get that by attitude and action they will call the roll. it right; we can’t afford to get it reflect Your divine will. May they ful- Mr. MCCONNELL. Madam President, wrong. But let’s not anyone hide be- fill their responsibilities in ways that I ask unanimous consent the order for hind the preposterous talking point honor You. the quorum call be rescinded. that repealing this bill would add to We pray in Your great Name. Amen. The ACTING PRESIDENT pro tem- the deficit. Only in Washington would f pore. Without objection, it is so or- somebody claim that spending trillions PLEDGE OF ALLEGIANCE dered. of dollars on a brand new government f entitlement and a massive bureaucracy The Honorable KIRSTEN E. GILLI- to go along with it will save money. BRAND led the Pledge of Allegiance, as HEALTH CARE REPEAL I urge all my colleagues to move be- follows: Mr. MCCONNELL. Madam President, yond party affiliation, to look at the I pledge allegiance to the Flag of the facts alone. If everyone in this Cham- United States of America, and to the Repub- later today, as I noted yesterday, the lic for which it stands, one nation under God, Senate will have a rare opportunity. ber did that, we would repeal this bill indivisible, with liberty and justice for all. For those who have supported the right now, and then we would begin the work of achieving our common goal of f health care spending bill in the past, it is an opportunity to revisit your first delivering health care at a higher qual- APPOINTMENT OF ACTING vote, to listen to those who have des- ity for lower cost. We would put in PRESIDENT PRO TEMPORE perately been trying to get your atten- place the commonsense reforms people The PRESIDING OFFICER. The tion, to say, yes, maybe my vote for actually want. clerk will please read a communication this bill was a mistake, maybe we can We also expect a vote later today to the Senate from the President pro do better, to listen to the small busi- that would clear away one of the many tempore (Mr. INOUYE). ness owners who have been contacting impediments to job creation that was

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

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It is ahead, Senate Republicans are looking had parents come to you with tears in not a bad precedent, actually. We have for a way to distract the American peo- their eyes, saying: Now my child can a lot of other good ideas we would be ple. This is what moving forward looks get insurance. We don’t want to have happy to share—not replacing one like: Our bill to modernize our Nation’s mothers say: What am I going to do? 2,700-page bill with another but passing air travel will protect consumers. It is That is what they said in the past. commonsense reforms that people ac- a passengers’ bill of rights. We know There is one more difference between tually want. delays happen when we fly from the Democrats and Republicans. We are The case against this bill is more airports around the country. We try to fighting for jobs this week. Along with compelling every day. Everything we fly sometimes. When we do, we want to all the advantages in the aviation mod- learn tells us it was a bad idea, that it make sure passengers are treated right. ernization bill I mentioned a minute should be repealed and replaced. The We want to make sure passengers have ago, it is also a jobs bill. It will create courts say so, the American people say the right to timely and accurate infor- and protect at least 280,000 American so, job creators say so. It is time for mation about their flight. We want to jobs. That is why we are fighting so those who passed this bill to show they make sure passengers have the right to hard for this bill. This is a bipartisan noticed. Let’s take this opportunity. food, water, and access to restrooms bill. Let’s get to passing it. While the health care reform law is I yield the floor. when they are forced to wait. We want to make sure passengers making sick Americans healthier and f have the right to know that while they better, it is also helping unemployed RECOGNITION OF THE MAJORITY are sitting on an airplane that is on a Americans find work. A healthier LEADER tarmac—as I said here yesterday, 31⁄2 health care system is going to create The ACTING PRESIDENT pro tem- hours in Dallas alone waiting for a hundreds of thousands of jobs a year pore. The majority leader is recog- gate—we want to make sure passengers for the next decade. I went to GW University Hospital—I nized. know the airline they are flying has a contingency plan to get them where wasn’t sick—to visit somebody there. A f they need to go. woman—she must have been one of the SCHEDULE This bill will also make flying safer administrators—said: Oh, I am so and make it more efficient. It will help Mr. REID. Madam President, fol- happy. She said: You know that health prevent accidents on the runways. It care bill you passed, we are going to lowing my remarks, Senator PAUL of will finally introduce GPS technology Kentucky will be recognized for up to hire 500 new physicians. I came back to our Nation’s air traffic control sys- 20 minutes in morning business to de- and told my staff that and they said tem. Mongolia has GPS. We don’t. In liver his first speech as a Member of you must have it mixed up. Five hun- most every country in the world, they dred? I said: Let’s find out her name the Senate. Following Senator PAUL’s determine where airplanes are with and you call her. They called her. I was remarks, the Senate will resume con- GPS. They do it in the air. We are still right. That is what she told me, and sideration of S. 223, the Federal Avia- doing it on the ground. This bill will she said that is because of the health tion Administration Authorization bill. improve access to rural communities, care bill we passed. I have spoken to the Republican leader, which is important to Nevadans in We are talking about this health care and we will have some votes between 5 rural cities such as Ely, NV, which is bill also helping unemployed Ameri- and 6 o’clock tonight. We will have not near a big metropolitan area, and cans find work. A healthier health care three votes. Senators will be notified would reduce delays in the first place. system is going to create hundreds of as to the specific time at a later hour That is what moving forward looks thousands of jobs a year for the next today. like, and that is why Senator ROCKE- decade. That is what they tell us. That f FELLER has worked for years to get this is because when businesses do not have HEALTH CARE bill passed. to spend much on premiums, they can But there have been little side issues spend more on people—and healthier Mr. REID. Madam President, if the that have come up. The side issues are workers are, of course, more productive American people want to understand going to be debated on the floor and we workers and that helps our economy at the difference between Democrats and will either pass them or get rid of them every level. Republicans, it is my suggestion that and get this bill on the road to the This is the difference between mov- they pay attention to what is hap- President’s desk. So what I have talked ing forward and moving backward. It is pening on the Senate floor this week. about is what moving forward looks the difference between giving people The two parties simply have different like. That is what we Democrats want rights and taking them away. In the priorities. Democrats are fighting to to do. late days of the health care reform de- modernize our Nation’s air travel. Re- This is what moving backward would bate, my colleagues on the other side publicans are fighting to repeal the look like: Republicans’ symbolic effort asked us to stop everything and start health care reform law, ignoring the 80 to repeal the rights in the health care over. It is nothing more than an excuse percent of Americans who want them reform bill would put us all at risk. I to keep insurance companies in charge to leave it alone. In other words, am going to only mention a few of the of health care in this country. The mi- Democrats want to get passengers the things, but it would let insurance com- nority is again asking us to turn back rights they deserve. Republicans want panies, once again, stand in the way of the clock on the progress we made, to take away patients’ rights that they a child and the medical care that child turn health care back to the insurance already have, rights that are saving needs. It would take away that child’s companies. They can dig in their heels, lives, saving money, and saving Medi- right to get health insurance and in- try to slam on the brakes as hard as care, just as we promised when we stead give insurance companies the they want, but the course of our coun- wrote this law. right to use asthma or diabetes as the try goes in only one direction. We What Republicans refuse to under- excuse to take away that care. It would move forward. stand, or at least what they hope the kick kids off their parents’ health in- Madam President, as I announced people do not realize, is that in Amer- surance. It would take away seniors’ earlier, Senator PAUL is going to give ica we give our citizens rights; we don’t rights to a free wellness check. It his maiden speech. I am sure his father take them away. That principle comes would force seniors to pay more for is looking on through the magic of all first and inspired the country’s found- their prescriptions. It would raise taxes of the new communications we have to ing and has directed our evolution and on small businesses and add $1.5 tril- listen to his son give a speech in the defines our promise. lion to our deficit. Senate. We are all anxious to hear him.

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Several facts argue f was the living, breathing example that against that particular compromise. MORNING BUSINESS intellect and leadership could come Government now spends more money The ACTING PRESIDENT pro tem- from a recently freed slave. than it ever has before. Raising taxes Cassius Clay was a cousin of Henry pore. Under the previous order, the seems to only encourage more spend- Clay, and an abolitionist. In the Senate will be in a period of morning ing. Government now spends one in Heidler’s biography of Henry Clay they business with the Senator from Ken- four GDP dollars. Twenty-five percent describe Cassius Clay as follows: A ven- of our economy is government spend- tucky, Mr. PAUL, recognized for 20 min- omous pen was his first weapon, and a utes. ing. Bowie knife his second weapon. He was Any compromise must shrink the f so effective with the first weapon that government sector and expand the pri- AMERICA’S FISCAL CRISIS he was wise to have a second weapon vate sector. Any compromise should be handy. where we cut Federal spending, not Mr. PAUL. Madam President, I am Cassius parted ways with his cousin where we raise taxes. The problem we honored by the privilege of serving in Henry Clay, although they worked to- face is not a revenue problem, it is a the Senate. I am both honored and gether on some things, and Henry Clay spending problem. It is spending that is humbled by the responsibility of de- got him out of a few difficult times now swollen to nearly a fourth of our fending our Constitution and our indi- with the law. But they parted ways economy. The annual deficit is nearly vidual freedoms. I will sit at Henry when Cassius Clay published a letter $2 trillion. Clay’s desk. There is likely no legis- where Henry Clay seemed to be more in Entitlements and interest will con- lator from Kentucky more famous than favor of emancipation than he was pub- sume the entire debt, the entire budg- Henry Clay. He was the Speaker of the licly. They never spoke again after et, if we do nothing. Within a decade, House; he was a leader in the Senate. that. Henry Clay disavowed the letter there will be no money left for defense, He ran for President four times and and condemned Cassius Clay. no money left for infrastructure, no nearly bested James Polk. Cassius Clay was an unapologetic ab- money left for anything other than the Henry Clay was called the ‘‘Great olitionist. He was an agitator. He made entitlements and interest if we do not Compromiser.’’ During my orientation, people mad, particularly slave owners tackle this problem. one of my colleagues came up to me and slave traders. One night in Many ask, will the Tea Party com- and asked: Will you be a great com- Foxtown, he was ambushed by Squire promise? Can the Tea Party work with promiser? I have thought long and hard Turner and his boys. They were slave others to find a solution? The answer about that. Is compromise the noble traders. They came at him with cudg- is, of course there must be dialog and position? Is compromise a sign of en- els and knives. They ambushed him ultimately compromise. But the com- lightenment? Will compromise allow us from behind and stabbed him in the promise must occur on where we cut to avoid the looming debt crisis? back repeatedly. As he fell to the spending. Henry Clay’s life is at best a mixed ground, Tom Turner held his pistol to Even across the aisle, we have Demo- message. His compromises were over the head of Cassius Clay and fired. The crats who are now saying, you know slavery. One could argue that he rose gun misfired. He fired again and it mis- what, it is a problem. We should not above sectional strife to keep the fired. He fired a third time, and as it raise taxes in a recession. So we are Union together, to preserve the Union. misfired for a third time, Cassius Clay finding some agreement. The com- But one could also argue that he was was able to reach into his belt and pull promise we as conservatives must ac- morally wrong and that his decisions his Bowie knife and gutted one of the knowledge is that we can cut some on slavery, to extend slavery, were de- Turner boys, killing him. money from the military. The other cisions that actually may have even ul- Cassius Clay refused to compromise. side, the liberals, also must com- timately invited the war that came, Cassius Clay was a hero, but he was promise that they can cut some money that his compromises meant that dur- permanently estranged from Henry from domestic spending. Freezing do- ing the 50 years of his legislative career Clay. Henry Clay made no room for mestic spending, though, at 2010 levels, he not only accepted slavery but he ac- true believers. Henry made no room for as the President proposed in his State cepted the slave trade. the abolitionists. Who are our heroes? of the Union, does almost nothing. In In the name of compromise, Henry Are we fascinated and enthralled by fact, it freezes inflated spending levels, Clay was by most accounts not a cruel the Great Compromiser or by Cassius and will do nothing to avoid a crisis. master, but he was a master nonethe- Clay? There is a certain inevitability to less of 48 slaves, most of which they did Henry Clay came within 38,000 votes this debate, as the debt bomb looms not free during his lifetime, and some of winning the Presidency. He almost and grows perilously large. As long as of which were only freed belatedly 28 beat James Polk. He lost one State. If I sit at Henry Clay’s desk, I will re- years after his death. he had won that one State, he would member his lifelong desire to forge He supported the fugitive slave law have been President. The State was agreement. But I will also keep close to throughout his career. He compromised New York, and he lost it because a my heart the principled stand of his on the extension of slavery. When he small fledgling party, the Liberty cousin Cassius Clay, who refused to for- was the Speaker of the House, there Party, a precursor to the Republican sake the life of any human simply to was a vote on extending slavery into Party, an abolitionist party, refused to find agreement. Arkansas. The vote was 88 to 88. He vote for Henry Clay because of his Madam President, I yield back the came down, extraordinarily, from the muddled views on slavery. One could remainder of my time. Speaker’s chair to vote in favor of ex- argue that Clay’s compromises ulti- Mr. MCCONNELL. Madam President, tending slavery into Arkansas. mately cost him the Presidency. I congratulate Senator PAUL on his Before we eulogize Henry Clay, we Those activists who did not com- maiden speech in the Senate, and ap- should acknowledge and appreciate the promise—Garrison, Wendell Phillips, plaud him for taking the opportunity contrast with contemporaries who re- Frederick Douglass, Cassius Clay—are to underscore the seriousness of the fis- fused to compromise. William Lloyd heroes because they said slavery is cal situation we are in. Garrison toiled at a small abolitionist wrong and they would not compromise. Solving the Nation’s fiscal problems press for 30 years, refusing to com- Today we have no issues, no moral will indeed require principled leader- promise with Clay, with Clay’s desire issues, that have equivalency with the ship, and I am confident Senator PAUL

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S434 CONGRESSIONAL RECORD — SENATE February 2, 2011 will play an important role in guiding of the Nation’s air traffic control sys- than Mongolia. But we face gridlock if us toward real solutions. tem. It is kind of important to New we do not make significant progress on Senator PAUL is a lawmaker to York and New Jersey. modernization and make it very soon. watch. He brings a keen intellect and I cannot emphasize enough to all of The FAA’s most recent forecasts esti- rare passion to the job. He will be an my colleagues the importance of this mate demand for air travel will be important voice in this body in the issue to the United States. It is an about 1 billion people within the next many debates to come. issue I care deeply about, one Senator decade. That is a 40-percent increase. I look forward to working with him HUTCHISON cares deeply about, one I That is horrific. on behalf of Kentuckians and all Amer- am completely committed to getting Senator ISAKSON has just come on icans. done. We have to. It is a sine qua non. the floor. His airport in Atlanta is one Mr. DEMINT. Madam President, I It will make air traffic safer, more effi- of the most complicated and busy in suggest the absence of a quorum. cient, provide numerous economic and the entire world. He needs, as do we all, The ACTING PRESIDENT pro tem- environmental benefits. an air traffic control system which is pore. The clerk will call the roll. I touched on air traffic moderniza- digitalized, which makes communica- The legislative clerk proceeded to tion in my opening statement yester- tion between air traffic controllers and call the roll. day. But I want to spend a short time, pilots much more accurate so they can Mr. ROCKEFELLER. Madam Presi- knowing that my colleague Senator see terrain, they can see mountains, dent, I ask unanimous consent that the HUTCHISON is here and wants to talk, they can see weather, all in order for the quorum call be rescinded. on the air traffic modernization. It just streamingly live exactitude. The ACTING PRESIDENT pro tem- has to be discussed in a tiny bit greater The economic downturn of the past pore. Without objection, it is so or- detail so people understand how impor- several years has actually, in a quirky dered. tant it is. way, bought us some time to reform There will be some technical stuff in our system. We have declined to use it, f here, and I apologize for that, but peo- but this will quickly change as the CONCLUSION OF MORNING ple have to understand this. I know economy rebounds. Our present air BUSINESS this subject is very technical. It is very traffic control system is stretched to The ACTING PRESIDENT pro tem- confusing. It has lots of acronyms, its limits already. Anyone who flies on pore. Morning business is closed. unmemorable acronyms, but the tech- a regular basis has experienced the sys- nology will change aviation in truly tem’s congestion and delay problems. f amazing ways, and it is of over- We talked about that yesterday. We FAA AIR TRANSPORTATION MOD- whelming importance to the country. will talk more. This system will not ERNIZATION AND SAFETY IM- Every time I get in my car, I find it meet the projected growth of the next PROVEMENT ACT implausible that so many automobiles decade. navigate using more sophisticated So we have this choice. An industry The ACTING PRESIDENT pro tem- global positioning systems than air- that employs 11 million people and sev- pore. Under the previous order, the craft. Well, that is amusing, except it eral more in indirect jobs, that traffics Senate will resume consideration of S. is horrifying, actually. It is horrifying. 800 million people around the country 223, which the clerk will report by We can do it in Detroit with auto- to all kinds of places large and small, title. mobiles that sell for $15,000, $25,000, but very complicated—runway problems, The legislative clerk read as follows: we cannot do it on a multimillion-dol- gateway problems, all kinds of prob- A bill (S. 223) to modernize the air traffic lar aircraft because we have not de- lems—if we do not have this up to control system, improve the safety, reli- cided to do it aggressively in our legis- speed, we are a nation in trouble and ability, and availability of transportation by lation. So we have to upgrade our sys- air in the United States, provide for mod- people will start dying. ernization of the air traffic control system, tem now or we are going to face abso- The Next Generation Air Transpor- reauthorize the Federal Aviation Adminis- lutely enormous consequences. tation System, NextGen, will create tration, and for other purposes. I continue to believe that the mod- significantly more capacity by allow- Pending: ernization of our Nation’s antiquated ing aircraft to move more efficiently air traffic control system has to be one and take more direct routes. I talked Stabenow amendment No. 9, to repeal the expansion of information reporting require- of the Nation’s highest priorities. We about that yesterday. It is so impor- ments for payments of $600 or more to cor- have fallen behind, as is now—it is ac- tant. Planes now, because of the sort of porations. tually kind of interesting. It has be- radar ground-based system, wind their McConnell amendment No. 13, to repeal the come a mantra: We have fallen behind way to their destination, avoiding job-killing health care law and health care- Mongolia. People like to talk about planes, avoiding weather, and how related provisions in the Health Care and that. I am the original author of that quickly can they see it, how accurately Education Reconciliation Act of 2010. startling fact—this tiny little nation can they see it, are they aware of the Mr. ROCKEFELLER. Madam Presi- ahead of us. But it does not make any altitude of other planes above them dent, this is, in fact, the aviation bill. difference. Everybody should steal the and below them? Probably not very ac- As everybody knows, that is what we line because it makes the point: They curate. So they don’t take direct are doing; we are doing the aviation have it. They are building it from routes. So these improvements, if they bill. We are talking about health care, scratch. We do not. So if we recognize do take direct routes, will save our but secretly we are doing the aviation the benefits of using the most advanced economy billions annually. bill. So I thought it would be inter- technology and if they do, perhaps it is The technology will also allow the esting to talk about the aviation bill, something we might think about. FAA to safely allow the closer spacing to sort of bring people’s minds back to The United States, of course, has a of aircraft. More aircraft can land and that very important subject. It is in- much larger and more complex air- do so more safely because of the reality teresting, because we want trans- space system than Mongolia or any of the digitalization of everything is so parency, no filling up of the tree, ev- other country in the world, but this is clear to the pilot and to the air traffic erybody could offer all of the amend- precisely the problem: that we are so controller. They are in sync for the ments they want. We immediately got big and we are so complicated; there first time with a highly sophisticated amendments to repeal health care and are 36,000 flights in a day. There are system. And the Northeast corridor other kinds of things but nothing about airplanes during the day, all day long, probably will be the greatest bene- aviation. So as manager of that bill, I all over the country, at different alti- ficiary of all of that. It will be. am going to talk about aviation. I do tudes, coming in, avoiding weather, Greater operational efficiency will not guarantee it will be a scintillating avoiding each other, facing delays or also create substantial environmental speech, but it is going to be about avia- not. Our aviation system actually benefits. Drastic reductions in fuel con- tion, because that is the bill we are on. moves 30,000 flights a day—I would say sumption—taking more of a straight I rise to speak about—which I did a 36,000, but it says 30,000—and nearly 800 line from one place to another rather little bit yesterday—the modernization million people per year—a lot tougher than going all over the place—saves a

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00004 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S435 lot of fuel, and that means less carbon country by 2018, if we do our work here. tain we begin to implement this crit- emissions, and it also significantly Then the whole thing will be done in ical upgrade of our airspace technology lowers noise emissions. Almost every the county by 2018 and all the biggest right now. We must follow through on community near an airport will greatly ones by 2014. these efforts or face dramatic chal- benefit from this effort, and this will The bill accelerates the timeframe lenges. This is not a song and dance ef- also save airlines millions of dollars for the integration of automatic de- fort; this is life and death for the fu- annually in fuel costs. pendent surveillance-broadcast—ADS– ture of our air system, in literal terms Airlines, you have to remember—peo- B—technology by requiring the use of and symbolic terms. ple just assume they are always there. ADS–B Out on all aircraft by 2015 and Madam President, I yield the floor. Well, they are almost always in trouble the use of ADS–B In on all aircraft by The ACTING PRESIDENT pro tem- financially. They merge. Sometimes 2018. This technology will significantly pore. The Senator from Texas. they merge not because they want to improve the safety of our system by Mrs. HUTCHISON. Madam President, but because they have to because one providing pilots and air traffic control- I commend the chairman of the Com- of them is declining financially. They lers with more precise information on merce Committee. He and I have been have to be able to meet payroll. their location. That is everything in working on this bill since 2007. Most importantly, NextGen will dra- air traffic control—where people are, As we mentioned when we began con- matically improve the safety—the safe- how high, how low, how close, how far. sideration of the bill yesterday, this is ty—of our air transportation system. It The FAA has moved forward on the re- the 18th short-term extension we are will provide pilots and air traffic con- quirement for ADS–B Out for all air- on. I think any person in America, any trollers with better situational aware- craft operating in our airspace, and we person who flies in America, any per- ness. The military uses that term—SA plan to work with them to make sure son who is subject to FAA regulation, it is called. It is called SA, situational this is a success. and certainly any businessperson in awareness. Pilots and controllers will The bill—coming to the end—takes America knows you cannot do long- be able to see other aircraft and de- further steps to make certain that im- term planning and ensure that your tailed weather maps and other things plementation of NextGen continues at agency is doing its work knowing what such as mountains in real time. If they the FAA, including the creation of an they can expect in support from Con- are flying low, they need to have a very air traffic control modernization over- gress in short-term extensions for over good sense of what the terrain holds. sight board. Oh, wonderful, another 4 years. That is not good business, it is So just as in battle, better SA—situa- board. Well, this is a really com- not good management, and it is cer- tional awareness—will save lives. plicated system, and you need to have tainly not the way government should Modernizing our air traffic control an advisory group that oversees, gives run. So I am in agreement with Sen- system will require sustained focus and oversight—as we in the Commerce ator ROCKEFELLER, our chairman, that a lot of money. Our bill takes concrete Committee will do—of FAA’s mod- we need to act on this bill. I hope it is steps to make sure the implementation ernization activities. going to be an effort that is bipartisan, of this system begins now. And there is It establishes a Chief NextGen Officer that we will address the issues that some of it out there in a few airports, position at FAA. Oh, another person to have held up the bill in the past in a and where it is out there, it is working oversee something at FAA. Well, we reasonable way so we can get on with, very well, just as Senator HUTCHISON have not done this. We are not doing it. hopefully, a 3-year authorization of the and I have described. And to have an officer dedicated to FAA, and especially so we can start The bill directs the FAA to move for- that I think is very important. next year. ward on dedicated timelines to imple- It requires the development of proc- America is the premier user of air ment key NextGen technologies. In esses to include representatives of Fed- traffic control systems. Our system is particular, it requires clear deadlines eral employees in the planning of based on the 1960s technology of ground for the adoption of existing GPS navi- NextGen projects. Why is that impor- operations and use of radar. We want gation technology. All of this has to be tant? Because it means that people to move to a satellite-based system calibrated. Carriers have been very ex- who are working the towers, who are that will increase the capacity at our cited about using this; it is just that actually involved in the system as it is clogged airports—the bigger airports we have not made it available to them. now—and if you go out to other that have more traffic than they can And they are a part of it because as we places—Herndon—you can see these accommodate—and where the traveling build it they are going to have to have enormous rooms of computers with air public is in the most need. We need the corresponding avionics and systems traffic controllers and these sort of efficiency and we need the modern within their own cockpits, which they vague shapes. We want to turn those technology. That is what this bill will will pay for. They want to do that be- into precise shapes. That is what our set us on the path to do. cause they want to have this safer sys- bill would do. So I agree with the chairman in that tem so they are not harassed so much It establishes a new process to make respect, and I look forward to working and so they can save fuel and just do certain labor disputes at the FAA are with my colleagues on their amend- better in general. Why do something adequately resolved through mediation ments that pertain to this bill going out of the 19th century when you can and arbitration if necessary. forward. do it out of the modern era that will So our future as the world’s leader in I wish to take a few moments to last for years? aviation, our safety, our economy—all speak to the amendment that is at It also requires the FAA to move for- depend on a successful modernization hand, which is not an amendment ward on developing air traffic proce- of our air traffic control system. An about the FAA authorization, but it is dures to make certain airlines will FAA-funded study determined that our a very important amendment. Basi- reap the benefits of equipping aircraft economy lost $33 billion in 1 year as a cally, it is Senator MCCONNELL’s in their fleet. result of delays attributed to the air amendment that would repeal the These technologies are as follows. traffic control system. That is not health care reform that was passed They are called area navigation and re- smart and it is not safe. Of this total, over a year ago. He is trying to say: quired navigation performance, RNP. $8 billion was from the airlines them- Let’s stop right now. We have seen That will permit aircraft to fly more selves. They are not in the position to every signal that the concerns we had precise routes in both the en route en- lose $8 billion—an amount that would when we spoke against this bill in De- vironment and enable aircraft to land go a long way toward giving them a cember of 2009 are coming home to more efficiently and safely at airports. healthier bottom line and making roost. In fact, the concerns we raised Our legislation requires the FAA to de- other improvements. The other $25 bil- are now being shown to be a huge prob- velop the procedures that accompany lion in losses was borne by the trav- lem in this country. this technology at the Nation’s 30 larg- eling public—they had to pay for it— The health care reform bill that was est airports by 2014—Senator and business. passed cost $2.6 trillion. Over 6,000 HUTCHISON said that yesterday—and at So this overdue FAA reauthorization pages were added to the Federal Reg- all commercial airports across this takes the necessary steps to make cer- ister to implement this law. All of this

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00005 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S436 CONGRESSIONAL RECORD — SENATE February 2, 2011 indicates the bill does a whole lot more use on the health care expenses they be regulating anything and everything than my colleagues are referencing have that are not covered by insurance, just because the Federal Government right now in the floor debate because that is being used by more and more says so. We don’t have to spend mil- when I hear the floor debate, the people people—in the millions. But in the lions more in taxpayer dollars imple- who supported this bill are saying all health care reform bill there is now a menting a bill that ultimately could be we did was fix a few problems with our restriction, a cap, on how much you struck down by the highest Court in health care system that we all agree can put aside, and you have to have a the land. on. But in reality, this is a bill that prescription drug to be able to pay for The Senate has the opportunity, and costs $2.6 trillion, $500 billion in new it with your pretax dollars. You can no I believe the responsibility, to say: taxes on business and on individuals, longer buy a bottle of Tylenol or aspi- Moratorium. Let’s wait until the Su- and it cuts $500 billion out of Medicare, rin off the counter and have your preme Court has ruled on this enor- a program that isn’t working to the health savings account help you pay mous bill and the enormous cost that maximum extent possible. It is cer- for that. So here we are. is being incurred for implementation tainly not considered the most effi- The Presiding Officer and I have chil- right now. Let’s wait. Let’s repeal this cient program. Now we are putting $500 dren. Are we going to stop and call the bill now and start all over so we do not billion out for a new government enti- doctor or run and get a prescription if have to spend taxpayer dollars that we tlement program that puts the Federal we have a health savings account to know are being borrowed to implement Government between patients and buy aspirin or Tylenol? That is not a bill that may be unconstitutional, their doctors. helpful. and we have now had two Federal Here are a few of the provisions that Why would we put a restriction on courts that have said so. Why not re- are in the 2,000 pages of the health re- what people can set aside for their own peal and support this amendment? form law. First, if you don’t buy gov- health care costs? Why wouldn’t we Some of what is in the bill could be re- ernment-approved health insurance for make it easier for them? Instead, the enacted because it is good, but some of you and your family, the health reform health care reform bill makes it harder the things I have just talked about bill says you must pay a new tax. That to use those pretax dollars. There is no should be repealed immediately. is the individual tax. reason for it. I will have an amendment Most certainly we could repeal items If you own a business and don’t buy that will try to take the caps off and such as the 1099 which will be another government-approved health insurance, take the restrictions off so that people amendment we can vote on. That 1099 which is going to have a formula and a can provide for their health care out- form is the biggest thing I hear about requirement for how much businesses of-pocket expenses with pretax dollars. from my small businesses in this coun- have to pay and what has to be in it, That is the kind of incentive we need, try, and certainly those in Texas have then you must pay a new tax. If busi- not the opposite, which is in the health said: What are you all doing up there? ness owners want to grow their em- care reform bill. Well, of course, I am happy to say I ployees over the 50 mark where it If you are a woman under 50, whether didn’t support this bill. But these are kicks in for businesses, then there will you have access to routine mammo- the kinds of things we can repeal today be costly new Federal regulations with grams is going to depend on a task and start all over. We can take the which they will have to comply. force that was granted new and un- good parts of the Obama health care. So here we are in an era where unem- checked powers by the health care re- Let’s do away with the bad parts in- ployment is at all-time highs, and we form bill. The same task force that is stead of spending millions of dollars to are putting a cap on employees for going to have that power has already make a mom have to get a prescription businesses that are going to incur huge given the indication that mammo- from a doctor to get Tylenol with her expenses if they go over 50. So if an em- grams under the age of 50 are not nec- health savings account. ployer is in the 40-to-45 range, they are essary to be covered. The women of the The American people have made looking very carefully at not going Senate stood firm years ago when the their opinion on this bill known loudly above 50. Is that really what our econ- Clinton administration was trying to and clearly. They spoke at the ballot omy needs right now? I don’t think so. pass a health care reform bill to say we box: Enough is enough. That is what What we want is to encourage busi- are absolutely not going to stand in the voters said. Enough deficit spend- nesses to hire. That is what every one the way of a woman and her doctor, ing; enough government intrusion into of us in this body should want, and we knowing her history and her family, our businesses, our families, our lives, should be passing laws that would en- from having a mammogram whenever and our health care decisions. The peo- sure that businesses have the freedom it is needed. There is not one person in ple of America support the repeal of to hire, not a stifling effect on that this body who doesn’t have a friend or this bill, and they will work with us to kind of effort. We need to get the gov- a relative who has had breast cancer substitute responsible health care re- ernment off the backs of our job cre- before the age of 50 and probably before form that will allow them to have ators and not put up miles of redtape the age of 40. So that is in the health health savings accounts to provide for and more bureaucracy and more regu- care reform bill, and it needs to come the costs not covered, that will give lations and more taxes and fees that out. them affordable coverage which we all would curb the ability to hire and still This week, another Federal court an- want to have, but not with the govern- make a profit. nounced that the Federal Government ment prescription, not with a govern- Next, it was said during the health could not force individual Americans ment task force that can tell a woman care reform debate that if you like to purchase a private product—even that she doesn’t need a mammogram your current health plan, you will be health care. The judge in the most re- before the age of 50. We don’t need a able to keep it. But everything that cent case in Florida said when Con- task force to tell us that. We need the has happened since the bill passed says gress passed health reform it exceeded doctor who is looking at this patient you can’t keep it because even the ad- its constitutional power and, therefore, and her family history. ministration is now admitting that the court voided the entire law. This is Those are the things that need to when it issued the rules that employers the second court that has found the come out right now. Repeal and re- now have to follow when deciding what health reform bill unconstitutional. place. That is what this Senate could health care plan it will offer, that be- Now, this lawsuit is going through do, and we can move forward on a bill cause of health reform, by 2013 as many the judicial process. Yet even though it that we can get a bipartisan consensus as 80 percent of small businesses will is being appealed by the Obama admin- to pass that I think would show the no longer offer the same health care istration, it will most likely go to the American people we heard what they plans they offer today. Supreme Court of America. We said. We know we can do better, and it Families who rely on their health shouldn’t have to wait for the Supreme is our responsibility to do so. savings accounts or flexible spending Court to rule that this law is unconsti- Thank you, Madam President, I yield accounts, which have been a wonderful tutional. We shouldn’t have to wait for the floor. boon for families to be able to put them to reassure the American people The ACTING PRESIDENT pro tem- money aside before taxes to be able to that Congress most certainly shouldn’t pore. The Senator from West Virginia.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00006 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S437 Mr. ROCKEFELLER. Madam Presi- I thank the chairman for his leader- broken health insurance system, to dent, I ask if the Senator from the ship, and I thank Senator MURRAY. fight for our families who needed help State of Washington would grant me 30 The ACTING PRESIDENT pro tem- and were desperate and to level the seconds to say one thing. pore. The Senator from Washington. playing field for people who needed a Mrs. MURRAY. Of course, I will. Mrs. MURRAY. Madam President, we little bit of support. Mr. ROCKEFELLER. Madam Presi- are here today to debate the FAA reau- We got that done for our families, dent, yesterday Senator HUTCHISON thorization bill, very important legis- and we can never go back. We cannot raised a very good point about slots. lation. It will create thousands of jobs go back to a time when millions of Slots are kind of the hidden problem in and put in place the infrastructure for Americans stayed up at night worrying the FAA bill. What I think I would like us to make sure we are competitive in about what would happen to them and to put forward—and I wish she were the future. their families if they lost their job and here to hear me—is that I recognize the It is disheartening to me that this their health insurance; when insurance majority of the population growth in bill has now been hijacked by a polit- companies put unreasonable and unfair this country, and, therefore, the need ical debate, an amendment to repeal lifetime caps on coverage for our fami- for more flights, is in the West. It is health care reform. Not every bill has lies; when women were not able to get not in the East. That is extremely im- to become political. Unfortunately, equal access to coverage; when small portant. We deny it, but a lot of people that is what we have today because we businesses could not afford health care; are east coast centric, and we have to have an offer of an amendment to re- and when so many seniors who could learn how to be equally west coast cen- peal health care reform. Let me speak not afford it had to pay the full cost of tric. to that amendment. expensive medications. We cannot go So one of the things that occurs to Last year, I watched as President back to that situation. me is that maybe we are thinking too Obama signed health care reform into My question for Republicans today much about airlines and not enough law with a young man by the name of is, why would they want us to? about the people who take those air- Marcelas Owens. He stood just a few The changes we made require insur- lines to go to various places in the feet away from the President. I met ance companies to cover preventive West. Marcelas a few months earlier at a services with little or no cost sharing It cannot stand that Los Angeles has rally in Seattle, and he told me a story on the part of patients. It gives fami- a flight a day to DC. It cannot stand. that stayed with me throughout the lies access to new streamlined assist- They need at least four or five. They health care debate. I want to mention ance to help them appeal services they can bear that traffic. it again. have been denied or not covered ade- I want to lay before the Congress— Marcelas, a little boy, came up to me quately, something so many families and the Senator from Texas made this at this health care rally. He leaned in got lost in prior to passage of this leg- point yesterday and I totally agree close to me and he said he wanted to islation. with her—the growth of population in tell me about his mom named Tifanny. It helps anyone who has ever been this country and the need for air She was a single mom, working hard. buried under a blizzard of forms from flights, yes, is in the East but it is She got sick and lost her job. Because their insurance company and denials more now in the West. As we go she lost her job, she lost her health for coverage they need to have. It helps through this bill and come to the mat- care. Because she lost her health care, our small businesses to afford care for ter of slots, it is important we keep she lost her life. Little Marcelas looked themselves and their employees who that in mind and that we think about up at me and said: Please don’t let this are now getting a tax deduction. As the public flying as individuals, not happen to any other little boy. Please they fill out their forms, they say: I did necessarily is it United, is it USAir, is pass health care. not know this was in the health care it American, is it whatever. It is the I was proud when that health care re- bill. And we are going to vote to take question, Can we get them to where form law was passed and is now work- that away? they want to go. ing to make sure Marcelas and thou- I ask, why do Republicans want to I yield the floor. sands of other little kids do not get take away the benefits as part of the The ACTING PRESIDENT pro tem- into that terrible situation through business of the Senate as we just get pore. The Senator from Texas. which he has lived. started to get our economy back on Mrs. HUTCHISON. Madam President, He was not alone. I heard from thou- track? will the Senator from Washington sands of people from my home State of In my home State of Washington, the allow me to make a couple minutes re- Washington who were demanding re- Republicans’ plan would mean nearly sponse to the Senator from West Vir- form to the system we have. I heard 900,000 seniors who have Medicare cov- ginia? from small business owners who want- erage will be forced now to pay more Mrs. MURRAY. I will. ed to cover their employees but they for regular checkups and important Mrs. HUTCHISON. Madam President, could not continue to do it because of preventive services. It would mean I appreciate so much what the chair- the skyrocketing premiums. I heard they will lose out on the 50-percent dis- man has just said. That is a major from moms and dads who wanted to counts on some of their prescription statement because what he says is cover their children but they were get- drugs. And it would mean that insur- true. There is one flight from Wash- ting rejected because their son or ance companies would no longer be re- ington National to California. That is daughter had a preexisting condition. I quired to allow young people to stay on all we have, one direct flight. That is heard from seniors who were desperate their policies until they are 26 and not fair. It is not fair to the people in because they had fallen into the dough- that, by the way, is going to be espe- the West, certainly in the largest State nut hole. They did not know how they cially harmful now when so many of in population in America—California. were going to afford the drugs they those young people today are having I hope what he has said will lead us needed to take so that they could have trouble finding a job. to a table to negotiate this issue so we dignity of life in their senior years. Our families are depending on the can be fair to the entire western half of I heard from men and women in changes we made within this health the United States, so that we are also every part of my State, some barely care reform law. It is why I supported taking into account the people who holding on to their health insurance reforming our health care system. It is live in and around the Washington and a lot with no coverage at all. Each why I fought so hard for so long to metropolitan area, which is what I one of their stories had a common make sure it worked for our families think the Western Senators have tried thread: The health care system we and small business owners. And it is to do. But let’s talk about it, let’s get have in this country did not work for why I am going to keep fighting to something on the floor, let’s negotiate them. It failed their families one way make sure we do not go back to the this because with that, this is a bill or another, and they wanted it to way things were, that we continue to that, with a few tweaks perhaps, ought change. make progress and do this right. to pass for the right reasons for our That is why I fought so hard with so I am happy to work with anyone— country and for the traveling public. many of my colleagues to reform that Democrat or Republican—to improve

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00007 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S438 CONGRESSIONAL RECORD — SENATE February 2, 2011 this law, but I will do everything I can Under the Obama plan, these plans ed 2 weeks later. Apparently, it is a to fight a full repeal that will dev- would be outlawed. A phaseout on an- new day—just not for 31,000 SEIU mem- astate our families and small business nual caps begins this year. Starting bers. owners across America. I urge my col- this year, plans cannot impose an an- Similarly, when the bill was enacted, leagues to vote no against this full re- nual limit of less than $750,000. That the American Federation of Teachers peal of health care reform. threshold gets progressively higher, referred to it as an occasion where One final point. We hear so many until 2014 when ObamaCare will pro- ‘‘morality trumped greed.’’ people talking about the deficit today hibit annual caps altogether. Six months later, its New York City and how important it is that we get our What this does, of course, is create affiliate obtained a waiver affecting hands around the budget and our budg- an incentive for employers who cur- 351,000 individuals. et deficit. It is astonishing to me that rently offer mini-med plans below the In the recent column in Forbes maga- this first amendment brought by the $750,000 threshold to drop their cov- zine, law professor Richard Epstein ex- Republicans will cost our Federal Gov- erage completely until the employer plains the dangers of administrative ernment $1.5 trillion and put us deeper mandate and penalties become effec- discretion related to waivers and how into a deficit hole. tive in 2014. They can either comply the waiver process can undermine the rule of law: Progress is important. Getting our with the requirements of the health families back on track is important. care law or pay a fine for each em- Waivers are by definition an exercise of ad- ministrative discretion that benefits the Making sure that our economy is mov- ployee. ing within the FAA bill we are talking party who receives its special dispensation. The employees caught in this mess Nothing in Obamacare explains who should about on the floor is important. And it who currently have coverage through receive these waivers or why. The dangers is important that we continue to make mini-med plans will have to hope in from this uncertainty are enormous. . . . sure the health care reform insurance the meantime that their employer can Without major steps to overhaul or repeal system we put in place works for our get a waiver; otherwise, those employ- Obamacare, government by waiver will be- families. That is what I will be voting ees will have to wait until 2014 and buy come standard operating procedure to the on later today. a government-approved policy from the detriment of us all. I yield the floor. new insurance exchanges or hope that This is a bill that was written behind The ACTING PRESIDENT pro tem- their employer is in compliance with closed doors, creates a huge uncer- pore. The Senator from Arizona. the many employer requirements in tainty and problems for job-creating Mr. KYL. Madam President, yester- businesses and their employees, and day I spoke on one of the reasons for the bill. McDonald’s, for example, which of- now waivers are being dispensed by the the repeal of this legislation; that is to fers mini-med plans to many of its em- administration to protect almost 2.3 say, the support for the amendment to ployees, received a 1-year waiver. The million people from the very law it repeal the health care legislation that fought so hard to get passed. is pending before us. Today I wish to company warned that absent a waiver, 30,000 employees could lose their cur- These developments are yet more speak about a couple other reasons to confirmation that the law is deeply rent coverage and would be left ‘‘with- support that amendment. flawed and one more reason why it out an affordable, comparably designed One of the things that was said in the should be repealed in its entirety. campaign to pass the health care bill alternative until 2014.’’ The second issue I would like to It is not clear what will happen when was that those who liked their current speak to is the fact that under this law, the 1-year waiver expires. That is an- health care would be able to keep it. there are substantial increased costs, other part of the problem. The waivers But as we know now and as we pointed but they are being masked by the way are often given on the condition that out prior to the bill’s passage, provi- the bill has been written, and the cal- the recipient brings itself into compli- sions in the law would cause many culations, therefore, some have sug- Americans and will cause many Ameri- ance during the waiver period. Whether gested, would actually result in a sav- cans to lose their coverage. That is the waiver renewals are available is un- ings of $230 billion. This is only plau- why the administration is now giving clear. As with many other provisions of sible if you believe the way this bill out waivers for some of the bill’s most ObamaCare, the uncertainty for busi- was written was an honest way of stat- burdensome provisions. nesses surrounding annual cap waivers ing its costs. It is not that the CBO has I wish to speak for a moment about is immense. done anything wrong in its calcula- these waivers the administration has While the waivers are welcomed by tions, it is that it was told how to cal- granted and the problems that the those who benefit, they represent a culate certain things. The bill’s au- waivers reveal with the bill as a whole. poor way to run the government or thors said: Never mind what the reality So far, the administration has grant- health care. When the government or truth is, here is how you will cal- ed 729 waivers. All of these are tem- picks which entities will have to abide culate the cost of it. The CBO, as a porary. They protect companies and by the law and which ones will not, it functionary, did exactly that to come labor unions from one of the bill’s most is literally picking winners and losers. up with a number. onerous mandates—the phasing out of That is not the recipe for objective or But former CBO Director Douglas annual caps on costs paid by insurers. wise policymaking. It is called dis- Holtz-Eakin recently cowrote an arti- Another four waivers were granted to crimination. cle, along with Joseph Antos and States applying on behalf of insurers. I will note that a large number of James Capretta, explaining that the According to the administration, waiv- these waivers were being given to the bill’s purported deficit reduction is ers may be granted if the applicant can administration’s political allies. based on ‘‘budget gimmicks, deceptive show that a ‘‘large increase in pre- Unions, for example, many of which accounting, and implausible assump- miums’’ or a ‘‘significant decrease in praised the bill’s passage, are a major tions used to create the false impres- access to coverage’’ would occur absent beneficiary. Of the 733 waivers granted, sion of fiscal discipline.’’ The fact is, a waiver. 182 went to unions. That is a quarter of repeal will not add to the deficit. The So far, the waivers cover 2,283,106 all the waivers, even though unionized bill itself is the budget buster, not re- people. That is more than 2 million workers make up only 7 percent of the peal. people whom the administration has private workforce. I am in favor of full repeal of the so- had to protect from its own bill. Many of the unions applying for called Affordable Care Act. There are All of these waivers were granted to waivers are the very same that were many problems with this bill and many limited benefit plans, or so-called mini- full of praise upon passage of reasons to support repeal. Today, I med plans. About 1.4 million Ameri- ObamaCare. In its press release prais- want to talk about cost. cans have these mini-med plans, in- ing passage of the bill, the Service Em- A central talking point from the cluding many part-time employees who ployees International Union gushed bill’s supporters has been that the bill, work in the restaurant and retail in- that ‘‘it is a new day.’’ About 6 months intended to cover 32 million Ameri- dustries. These plans are low cost and later, Local 25 SEIU applied for a waiv- cans, will reduce the deficit by about usually have an annual cap on costs er from the annual limits limitation $230 billion, according to the Congres- the insurer would pay out. for 31,000 of its members. It was grant- sional Budget Office. Therefore, repeal

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00008 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S439 will increase the deficit by the same Medicaid patients is constrained in out any benefits. Once you have to pay amount. part because of low reimbursement out benefits, there will be a cost. That Maybe this sounds plausible—but rates. is a way to show that you are taking in only until you study these numbers Accordingly, about 15 percent of money and you are not spending it. But more closely. Only in Washington America’s hospitals and physicians it is a dishonest way to write the bill. could the ‘‘cost’’ of repealing a massive would have to stop seeing Medicare pa- Third, the way the cost of Medicare entitlement program add to the deficit. tients to help curtail their losses, al- was calculated. The $500 billion savings This is not because of anything the though the bill assumes that seniors is not a savings at all but rather goes Congressional Budget Office did wrong. would not see any change in their care. to pay for other parts of the bill. It Remember, when the Congressional Holtz-Eakin, Antos, and Capretta doesn’t help Medicare at all. It only Budget Office calculates these esti- write, ‘‘The idea that Medicare could works if, as the Congressional Budget mates, it is required to accept every as- pay less than Medicaid is such sheer Office said, Congress actually follows sumption it is given, however unreal- folly that Congress will rapidly reverse up with the cuts to hospitals and physi- istic such assumptions are. That’s how course. The truth is these cuts cannot cians, which nobody believes Congress the authors of ObamaCare got CBO to be relied upon for anything.’’ would have the courage to do. produce such a favorable number. In addition, the bill double counts Finally, there are the subsidies and Indeed, former Congressional Budget these so-called Medicare ‘‘savings,’’ exchanges calculations, which, as I Office director Douglas Holtz-Eakin re- claiming that they can both shore up pointed out in these comments, are cently cowrote an article, along with Medicare’s solvency and help pay for woefully understated, as a result of Joseph Antos and James Capretta, ex- ObamaCare. which it is likely we will have a signifi- plaining that the bill’s purported def- Fourth, ‘‘a central CBO assumption’’ cant budget deficit rather than a sav- icit reduction is based on ‘‘budget gim- about how many Americans will get ings as a result of this legislation. micks, deceptive accounting, and im- federal health care subsidies ‘‘could be In fact, repeal of the bill is going to plausible assumptions used to create disastrously off the mark.’’ save taxpayers money. The legislation the false impression of fiscal dis- Today, about 111 million Americans is what costs money. Think about this: cipline,’’ and that repeal will not, in are eligible for subsidies through the How can you cover an additional 30 fact, add to the deficit. The bill itself is new insurance ‘‘exchanges’’ if they million people—or however many will the real budget buster. Not repeal. don’t have an employer-based plan. But be covered by this—without increasing Let me walk through the false as- the bill assumes that only 19 million costs? It can’t be done. It would not be sumptions and gimmicks Holtz-Eakin would receive these subsidies. This as- done under this legislation. In addition and his co-authors describe. sumption fails to take into account the to the reason I talked about yester- First, as Republicans pointed out incentive the bill creates for certain day—the cost of Medicaid to the again and again before the bill’s pas- employees to find their way onto the States—and the two points here today sage, the bill’s original $938 billion exchanges, rather than accept coverage and the fact that these waivers are pricetag does not reflect the true 10- from their employers, if offered. As the being granted in a discriminatory way year cost. That estimate was generated authors note, ‘‘the new subsidies are so only demonstrates that the underlying using 10 years of taxes to pay for 6 generous that low- and moderate-in- bill is not a good idea and that the cost years of subsidies. Remember, while come workers come out way ahead if calculations are way off. the taxes begin this year, the subsidies they get paid in cash, not benefits, and I hope my colleagues will take this don’t kick in until 2014. So, the 10-year move to the new entitlement.’’ opportunity to follow the advice of the cost of the bill’s full implementation is If only the 35 million lowest paid American people and vote to repeal actually about $2.3 trillion. workers jump onto the new entitle- ObamaCare. Second, there is an additional enti- ment, Federal spending will rise by an- The ACTING PRESIDENT pro tem- tlement program within this new enti- other $1 trillion in the first decade pore. The Senator from Montana is rec- tlement: the so-called CLASS Act, a alone. ognized. new, government-run, government- So, those are four reasons that the Mr. BAUCUS. Madam President, we, funded program for long-term care, in- purported cost estimates for this bill unfortunately, are in a period where we tended to compete with long-term care are simply wrong or misguided. It’s are going to be redebating health care plans provided by private insurers. clear that the claims that the bill will reform. We had long debates on health Participants would pay into the sys- reduce the deficit, or else increase it care reform in the last couple years. I tem for 5 years before they start col- upon repeal, do not hold up upon close cannot think of legislation that has oc- lecting benefits. So, for at least the inspection. Repeal is not a threat to cupied so much time in this body, as first 5 years, the program would gen- the budget; to the contrary. The real well as the other body. But, regret- erate surplus receipts for the govern- budgetary threat is ObamaCare itself. tably, we are going to redebate health ment. But eventually, outflows would For these reasons, and many others, I care reform, even though legislation exceed receipts. This is why the chair- support full repeal of this bill. was passed last year, and even though man of the Senate Budget Committee Again, there were four basic false as- the legislation was signed by the Presi- referred to the CLASS Act as ‘‘a Ponzi sumptions that were built into the leg- dent. The law is enacted. Nevertheless, scheme, the kind of thing that Bernie islation in the way it was drafted, this body, regrettably, is going to Madoff would have been proud of.’’ which theoretically demonstrate a sav- spend, it looks like, a lot of time re- This is a bailout waiting to happen. ings of money through the adoption of debating health care reform. Why? Ba- As Holtz-Eakin, Antos, and Capretta the legislation, as the authors point sically, because the other side of the write, ‘‘CLASS Act hitched a ride on out, but which actually result in not a aisle wants to do so—wants to not the Affordable Care Act for one reason savings but an increase in the Federal admit health care reform is the law of only: Premiums are collected in the budget deficit. the land. It wants to repeal it. first 10 years, but no benefits are pro- One of these has to do with the fact The other side knows there are not vided. Voila, it creates the perception that taxes are collected for 10 years, sufficient votes to repeal health care of a $70 billion deficit reduction.... but costs only accrue over 6 years. Ob- reform. That is a well-known fact. The Only in Washington could the creation viously, you are going to get some other side knows and those who have of a reckless entitlement program be money that way. But after that first 6 covered health care debate reform used as an ‘offset’ to grease the way for years, you have to count the costs as know the votes are not there. It is the another entitlement program.’’ well as the revenue taken in. law of the land, signed last year, and it Third, is the illusory savings from Another is the inclusion of the so- will remain the law of the land. cuts made to Medicare’s health-care called CLASS Act, which has been de- So then, you might ask, if it is the providers, which would bring payments scribed by some as a Ponzi scheme—ac- law of the land today and if everybody below those made to Medicaid pro- tually, by the chairman of the Senate knows Congress will not repeal health viders. We know that the network of Budget Committee—because it collects care reform, why in the world are we doctors and hospitals willing to see all the money upfront and doesn’t pay going to debate this for another who

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00009 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S440 CONGRESSIONAL RECORD — SENATE February 2, 2011 knows how many weeks, months or lived long enough to know that any- CBO’s but some other organization—I maybe even years? To be honest, I body can come up with any set of fig- don’t know which—maybe Heritage or think it is because the other side ures or statistics that he or she wants. some other organization. First of all, thinks—and I will pick the charitable That is a fact of life. So if somebody they are not neutral. They are not un- explanation first. They don’t like asserts this and that, I think it is wise biased. Second, we can’t go by those health care reform, for whatever rea- to see what that person’s authority is. numbers anyway under the rules of the son, even though I strongly disagree Who says that? Where does that come Senate. So it is kind of silly, frankly. with their reasons. But in addition to from? Who verifies or validates that? They may be scare tactics. That is one that, they think it is a political issue. We well know there is one organization of the scare tactics used on this floor They think they can score political that has studied health care reform to try to score political points, but it is points by mentioning points which, in and has concluded that health care re- inaccurate. It is just plain simply inac- the main, are not accurate but say form saves, I think, about $240 billion; curate. them anyway, and they will say it over it reduces the deficit by $240 billion in Now, a couple of other points. What and over, and unless those points are the first 10 years, and it reduces the do we spend on health care in America refuted or those myths are busted, deficit by north of $1 trillion in the today all together? We spend about $21⁄2 many of the American people will start next 10 years. That is the Congres- trillion a year on health care, we to believe some of that stuff. sional Budget Office. Americans do. About half of that is There is another reason, which is a The CBO, I remind my colleagues— public—that is Medicare, Medicaid, bit regrettable, and that is because and for anybody listening—is a non- children’s health insurance—and about there have been lawsuits filed in Fed- partisan, professional organization half of that is private—the commercial eral district courts around the country, that analyzes legislation for both Re- insurance industry. That is the Amer- alleging that the law is unconstitu- publicans and Democrats for the House ican way. That was the division before tional—the health care law. It looks and the Senate. They are a very profes- health care reform was enacted. like those decisions will eventually sional outfit. They work very hard. No What is the division after health care make their way up to the Supreme one has ever even hinted that this out- reform was enacted? It is about the Court of the United States, and I ex- fit, the Congressional Budget Office, is same. It is about 50–50. So this is no pect the Supreme Court will not rule unprofessional or that it has a partisan government takeover. This is no gov- ernment takeover. It is still about the for, I don’t know, maybe 1 year, which bias. Nobody has suggested that. Ev- same. Maybe it is a percentage point or means we will further debate health erybody knows they work very hard so different, I don’t know, but it basi- care reform, waiting to see the out- and do the best they can, under dif- cally is the same. There is no govern- come of the U.S. Supreme Court. ficult circumstances—I say ‘‘difficult’’ ment takeover. Half of it is still pri- I heard one that I think is a very ill- because it is difficult to predict the fu- vate commercial insurance, as it al- advised argument a few minutes ago, ture, to know exactly how any request ways has been. which is that because the Supreme they are given will actually score. It is Also, in America we spend much Court has not yet decided on the con- a complicated process. You have to more per person on health care than stitutionality of health care reform, we build models. It takes a long time to the next most expensive country. I should, in effect, pass a moratorium. build a model and to know what goes don’t know the exact number. I think We should forget the provisions of the into the model. it is 50 percent, 60 percent more per law because we don’t know how the I wish to make it very clear to any- person on health care than the next Court will rule. body listening that repeal of the health most expensive country, but we are not That is one of the most specious and care law will actually increase the def- 50 percent to 60 percent more healthy inadvisable arguments I have heard in icit by about $240 billion over 10 years per person than the next most expen- a long time. That, in effect, means that and increase the deficit by over $1 tril- sive country. whenever any law is passed and there is lion in the next 10 years. That is what In fact, all the international health a lawsuit filed, that law is invalid be- the CBO says. That is the organization care data ranked us pretty low. We are cause the suit is filed. If we are to fol- that all Members of Congress must live not No. 1; we are not No. 2 in health low that line of reasoning, then any- by. Different Members of Congress care. We are way down there. I have time we enact a law, anybody who might have different points of view. seen statistics—I haven’t looked at it doesn’t like it could rush off and file a They may belong to some different or- recently—that show us being maybe lawsuit, and that would mean we don’t ganization—very liberal or very con- 14th and 20th in terms of health. Our follow the law. I think the better servative—that has an ax to grind, and infant mortality rate is much higher course, by far, is to assume the law is they can come up with some other fig- than many countries. Our death rate is the law of the land, until it is over- ure. But they usually have an ax to higher than many countries. I don’t turned on a statutory basis or a con- grind, a bias they want to perpetuate. know about our diabetes rate, but I ex- stitutional basis. That is the way we The one arbiter in the middle, which pect that is high compared to other should operate. is professional, the one organization countries, and maybe cardiac and other The Senator who suggested, about nobody has ever accused of being par- chronic care is high compared to other one-half hour ago, that we should enact tisan or unprofessional is the CBO. countries. But we are not No. 1 in a moratorium, in effect, I think should They conclude, again—and they have terms of health care. We are No. 1 in rethink her position. If she wants that written letters to us in the Congress— per capita cost of health care. to be the precedent, I think she would that repeal would essentially add about So I would think we should begin to recognize that pretty soon the country $1⁄4 billion to the deficit over 10 years. reduce the rate of growth of health could not function because anybody It would add; that is what repeal would care expenditures in our country, and could file a lawsuit on maybe some- do. It will add to the deficit over $1 that is what this legislation does. It thing passed 10 years ago. They could trillion in the next 10 years. starts to reduce the rate of growth of say: I don’t like that law, so I will file That should end the argument right health care costs in this country. That a lawsuit. Following the Senator’s line there because it is the one neutral pro- is probably why the Congressional of reasoning, we can’t enforce that law fessional organization that has looked Budget Office reaches the conclusion because somebody doesn’t like it. That at this. Other organizations can have that it actually reduces the deficit by makes no sense. their points of view, but the one that is $1⁄4 trillion over 10. It is probably why One of the myths that has been dis- professional, the CBO, has ruled, and the Congressional Budget Office says it cussed many times, and as was said by we have to go by those numbers any- reduces the deficit over $1 trillion over the previous speaker in his argument way in passing legislation here. That the next 10 years. And it is probably for repeal of health care reform, is that should be the end of the argument. also why the Congressional Budget Of- repeal will save money. He thinks the That has been settled. That is what the fice says that compared with prior law, health care bill adds to the deficit. effect of repeal would be. That is it, as I think it is 90 percent of Americans’ You and I have been around here long anybody knows when he or she is premiums will be lower—90 percent of enough, Madam President. We have spouting off numbers that are not the people’s premiums will be lower.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00010 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S441 Again, that is the Congressional ment, and I might say, too, though it is the Northern Plain States, that per- Budget Office. That is a neutral organi- awfully technical, but when we reim- son’s health care costs per person are zation. They do the best they can. They burse hospitals there is something roughly one-half of what they would be are professionals. Some Members of called DRGs, the DRG purp, and it is if that person were in a Sun Belt Congress criticize them because they according to procedure in a hospital, State—you know, Miami, Denver, Los do not come to the conclusions they but it does not include the medical Angeles, Phoenix, or Dallas. The out- like. Other Members of Congress criti- equipment. So there is no real fix on comes in the Wheat Belt States versus cize the CBO because the CBO doesn’t what is the cost of that medical equip- the Sun Belt States are better. People come up with the conclusions they ment. So the medical equipment manu- have better outcomes; that is, they are like. It is tough what they do, but they facturers can charge virtually what cured better, faster than are people in have always been praised for doing the they want, and they charge a lot. the Sun Belt States where the cost is best job they can, and they have never We have read lots of stories about twice as much per person. been criticized for any partisanship or how you can go to Walmart and get the Well, you might ask, why is that? unprofessionalism. They are a very same little small whatever it is for The reason is because, basically, it is good outfit. about one-tenth of the cost that a hos- supply driven; that is, in the South I have had my problems with the pital is going to charge, and it is be- there are a lot more doctors per person. head of CBO, Mr. Elmendorf. I have cause the providers are purchasing There are a lot more hospitals per per- talked to him many times on the through DRGs. That is an example of a son. People like to live in the South. phone. Most of the time it is saying: lot of the waste that occurs in the sys- They like the sunshine weather. When Can’t you get your numbers to us more tem. you have more doctors and more hos- quickly? Why does it take so long? Let me give another example. I think pitals, that is supply driven, and that He does his best. He is very profes- there are excessive procedures in tends to push up costs because those sional. He says: Senator, I am just America. You can do a lot with anec- doctors and those hospitals want to do doing the best I can. And I know he is, dotes, but this is one that I think gives things. They want to order procedures but still I am a little frustrated, but I some indication of one of the problems for their patients, to make them know he is, and I think he does a pret- we face in America. worthwhile, and that is what happens. ty decent job. I know a doctor, he is a neuro- Now, most doctors around the coun- Now, you might ask: Why are Amer- surgeon, and a very reputable, very try, including the South, are good doc- ican health care costs so high? Why is good one. He said to me: MAX, you tors. They want to do the right thing. that? Why are American health care know, there is another neurosurgeon But I can tell you, I have run into indi- costs so high? Well, there are a lot of group that wanted me to join their viduals—one cataract surgeon, an oph- reasons for that. Essentially, it is practice. So I went to talk to them. We thalmologist, told me—and I couldn’t waste. It comes down to waste. There talked a while. I have my own practice, believe it because he was very upset— is a lot of waste in the American sys- and they have their practice. After a he was only getting paid $2 million a year. Basically, he had people come in tem, and this legislation, among other while, the negotiations kind of cooled a and rotated people in his office to do things, is designed to root out a lot of little bit. Why? It turned out the group more cataract procedures—more cata- the waste. who was seeking to have my friend join ract—and he was upset that he was What is some of the waste? I am not them did an audit on my friend’s only getting paid $2 million a year. going to go into great detail, but I am neurosurgical practice, and it was that So this health care bill is trying to struck with an article written by Dr. audit which kind of cooled the ardor of address that basic problem, and it is Guandi on June 1, 2009, in the New the group having my friend join them. called health care delivery reform. We Yorker magazine comparing El Paso, Why? Well, the group said: Our hit rate are going to move slowly toward reim- TX, with McCallum, TX. What conclu- is 2 to 1, and your hit rate is only 20 to bursing doctors and hospitals a little sion did he reach? This is an article 1. more on the basis of quality as opposed that many in the health care industry Those were the exact words they to quantity. It is hard to measure qual- cite because most people think this fel- used—‘‘hit rate.’’ What does that ity. How do we measure quality? It is low got the nub of the issue right. mean? That means in the practice of hard, very hard. But there are some Health care costs in El Paso are the several neurosurgeons, for every provisions in this legislation—which about half per person as compared to two patients they see, they perform have been criticized by people un- health care costs in McCallum, TX. one procedure. They have a hit rate of fairly—designed to help both the doc- They are both border towns so it has 2 to 1. My friend’s hit rate is 20 to 1. tor and the patient have a better idea been adjusted for immigration and so For every 20 patients he sees, he per- of what the right procedure is and how forth. The outcomes in El Paso are forms 1 procedure. Those doctors in to get the highest quality health care. higher. People do better in El Paso that group love procedures. They want That is what it is designed to do. There than they do in McCallum, TX. to do everything under the Sun. You are lots of names for it—bundling, Why, one might ask. The basic con- have a back pain, it is an operation, a ACOs, and all kinds of things—but that clusion of this article is that it is be- procedure, and all that; whereas, often is the whole purpose of it. cause of the way we in America reim- you don’t have to have the most expen- The key is this: It is not at all in- burse doctors and hospitals and pro- sive procedures. tended to tell the doctor or the patient viders. It is a way which allows a cul- But our system in America, because what to do, as has been claimed. It is ture in a community to spend a lot of it compensates doctors and hospitals not that at all. Rather, it is just the dollars on health care, if it wants to, on the basis of volume and quantity, opposite. It is to help the doctor and and it is a way it allows a culture in a has a bias toward excessive procedures. the hospital have better, more informa- community to spend fewer dollars and That is one reason we have waste in tion so the doctor and the patient can focus more on a patient, if it wants to. America today. Nobody disputes that. decide for themselves what procedures That is the culture of a community. It is one reason we have waste in should next be performed or not. It is That is because we pay providers in America today. more information to the patient, it is America; that is, doctors, hospitals, Something else. There is something more information to the doctor so the the pharmaceutical companies, med- called the Atlas study by a guy named patient and the doctor can make their ical equipment manufacturers, and so Jack Wennberg. This is from a few own decision. forth, on the basis of quantity and vol- years ago. He looked at health care There are implications by some on ume, not on the basis of quality. costs across the country, and what did the other side of the aisle that this leg- So there is a bias in the system. Doc- he conclude? By the way, this study islation destroys or significantly un- tors want to do the right thing, but has not been refuted in any significant dermines the doctor-patient relation- there is a bias for a doctor to order an way over the years. He concluded basi- ship. There is not a whit of truth to extra procedure. There is a bias to cally—and I am exaggerating now—if a that. It is just the opposite. It helps order an extra drug for this or that. person lives, say, in a Wheat Belt with information to the doctors and in- There is a bias to get this new equip- State, say Montana, the Dakotas, or formation to the patients so they are

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00011 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S442 CONGRESSIONAL RECORD — SENATE February 2, 2011 in a lot better position to know what States—a lot of people go to the emer- a little bit. There are also some fees on they should and should not do. gency room. They go to the doctor— some of the providers. That is true. I have talked to a lot of doctors. they get hit by a truck or get cancer— That is true. That is how this bill is They want to learn more. Right now, and they don’t have insurance. If you paid for. the drug rep comes into their office and don’t have insurance, what do you do? But let’s remember, almost all those pedals this drug, and the doctor won- You go to the ER, that is what you do. providers, all those people who are pay- ders: Gee, is this the right drug? We are You have a good ER doc, and he or she ing a little higher taxes, and all those trying to get a little more objective takes care of you, and you see another groups whose reimbursement rate is a source of information so that the doc- doc. little lower favored the bill. They are tor and the hospital and the patient If you can’t pay the hospital bill be- in favor of it. You might ask, why in have better information. cause you don’t have insurance, what the world do they favor this bill? The Let me go back to the earlier point. happens? You get the care. But the cost answer is, because more people have in- I mentioned that health care costs, ac- of the doc, the ER doc, and the other surance. If more people have insurance, cording to the Dartmouth study, are physicians and the drugs in the hos- their margins might drop a little, but much lower in the Northern High pital—somebody has to pay for it. So their volume will increase. They can Plains States than the Southern who pays? All the rest of us who have make money. They figure they are States. The Congressional Budget Of- health insurance, we pay. It is all going to make money under health in- fice—people don’t like this because it transferred to the rest of us who pay. surance reform. Hospitals, pharma- is the Congressional Budget Office. Our health care bills, our premiums, ceutical, medical equipment manufac- People on one side of the aisle may not are higher today because of the people turers, most of the insurance industry, like it because it is the Congressional who do not have health insurance. It is you name it, they think they can make Budget Office. But they concluded that called uncompensated care. In Mon- some money. I don’t want to take too much of my if the entire country’s health care sys- tana, the bill is about $2,100 a year—the colleagues’ time here, although I do tem were applied, nationwide, in the premium in Montana, $2,100, family have one other point, and that is Medi- health care premium in Montana, due way that it is applied in Wheat Belt care. It is stated on this floor: This to uncompensated care. If people had States; that is, Montana and other hurts Medicare. It takes money out of health insurance, if the whole country Northern High Plains States, the cost Medicare. That is a red herring—a red had health insurance, we would not of health care in America would be re- herring in the sense that somebody duced by 29 percent. Remember, the have that cost transfer to the rest of us says something that on the face of it is outcomes in the Wheat Belt States are who have to pay for you. true, but it is irrelevant to the main Then you say: Gee, how do you get better than are the outcomes in the point. It is true that reimbursement those other people to pay for health in- Sun Belt States. rates to providers is a little lower, but surance? That is one of the questions I said earlier that we spend $2.5 tril- it is also true that this legislation ex- that comes up in this bill. It is an hon- lion on health care. Thirty percent of tends the life of the Medicare trust est question. This bill says two things. $2.5 trillion is a lot of money. What is fund by about 120 years. The trust fund that—north of $800 billion a year? I do People must have health insurance. under this legislation is extended. The not stand here to say we are going to They can do two things. If they are life of the trust fund is extended by 12 save all that money, but I am saying poor, they can go to Medicaid. That is years compared to what it would be be- that is some indication of some of the expanded a little bit. Then there are fore this law was enacted. Some people waste that occurs in the current sys- issues such as, that costs too much, want to repeal that. They want to cut tem. Others will say there is waste be- aren’t States having to pay big bills, back the life of the Medicare trust cause too many doctors have to prac- and so forth. The answer is, there is no fund. tice defensive medicine. I do not deny increase in bills to the States for 3 What else do they want to cut back that. I think too many docs do have to years. Then the match is reduced from with repeal? Repeal gives many sen- practice defensive medicine, and that 100 percent down a little bit—that is iors—4 million Americans I think is has to be addressed. But that is waste. after several years—which is much the number—a drug benefit in the That, by and large, is waste. It must be higher in Federal dollars than it is for doughnut hole of $250 a year. In my addressed. other Medicaid. We can have that dis- State of Montana, it is 9,000 Mon- I know there are other Senators who cussion and figure out ways to help tanans. After a period of time, that wish to speak, but there are a couple of States legitimately needing help. But doughnut hole will be closed, so seniors points I want to make. still it is more insurance for people be- will not have to pay for excessive costs Preexisting conditions is really a big cause if they need health care, those on prescription drugs. Repeal would re- deal. In my State of Montana, about bills are not passed on to the rest of us. peal that. Repeal would say: Oh, all 425,000 people have preexisting condi- The other way is to give assistance you seniors, 4 million seniors, we are tions. That is nearly half the popu- to people who cannot afford health in- going to send you a $250 bill. We want lation. That means that without health surance. It is through a rebate in the you to pay $250, in effect, for drugs. We care reform, most of those 425,000 Tax Code. That is where a lot of the don’t want you to get any break. That would not get quality health insurance. money goes. But it is clear that some is what repeal does. I don’t think They would not get health insurance— people who would have too much Americans want health care reform re- certainly not quality health insurance. money to qualify for Medicaid but not pealed—certainly those 4 million sen- They may get it, but they will have to enough to buy health insurance are iors do not want it repealed. pay too much in premiums to get cov- going to need some assistance, so this I have a lot to say. I will finish up. erage. legislation is designed to help those All I ask is this. We are going to have This legislation moves us toward people get assistance, and the wealthi- this debate, regrettably, for about a that day where a health insurance er they are, the less assistance they year until the Supreme Court finally company cannot deny coverage based get. Some say that is why this bill decides. I ask that we all stick with the on preexisting conditions. We have al- costs so much. facts. Stick with the facts and don’t in- ready done it for kids. We have a pool I think it is important to remind peo- dulge in histrionics, scare tactics, and for kids. In a couple of years, all Amer- ple here that according to the Congres- so forth. ‘‘Just get the facts, ma’am,’’ icans will be able to get quality health sional Budget Office—again, the neu- because facts generally control. You insurance. They will not be denied cov- tral group that we trust. Nobody ques- can’t change facts. The fact is, what erage based upon preexisting condi- tions their integrity. It says this bill does CBO say? There are lots of facts tions. does not cost a thin dime. A lot of peo- here. I urge us to stick with the facts. What is the consequence today of de- ple like to say it is $1 trillion. It does We could argue what they mean, but nial based on preexisting conditions? cost $1 trillion, but it raises $1 trillion, let’s stick with the facts. Let’s not Part of it is people do not have health so on that basis it doesn’t cost any- manufacture the facts. You can’t man- insurance, but also it is this: In my thing. The dollars are raised because ufacture facts and have a good-faith de- State of Montana—this is true in all the rates we pay providers are cut back bate. I assume this is going to be a

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00012 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S443 good-faith debate, so let’s stick with from downtown DC do not want to go letter back to the insurance carriers the facts. to Dulles to fly to the west coast. The saying their claims were not true, and I have one more small thing. A per- government needs to do away with the HHS would have zero tolerance for this son once stood here years ago in the perimeter rule, just as it did with the type of misinformation. They want to Senate—it was Mike Mansfield from regulation of the aviation system long keep on telling it like it isn’t. Montana. He was majority leader in ago. Richard Foster, the Chief Actuary for the Senate for 17 years. No other leader Dulles is now an international air- Medicare, an independent economic ex- served for as many years as Mike port and can easily compete with Na- pert, recently testified before the Mansfield. I ran across a statement by tional or any other airport in the coun- House Budget Committee. He was him which he gave in 1989 to a bunch of try. The Federal transportation policy asked if it was true or false that wide-eyed students. I can’t remember should be based on competition and Obama’s health care bill would lower exactly what he said, but the main consumer need, but the existing perim- cost. A true-or-false question. He said: point of it is this—he was a very rea- eter rule is denying consumers choice I would say false more than true. He sonable guy, revered in Montana—in in air travel and frustrating market told it like it is. False more than true all efforts to be constructive, you have forces that could accommodate these is a very polite way of saying no, it to listen. Listen very well, very closely consumers. will not lower health care costs. That to the other person’s point of view. He Consumer choices in the markets claim is false. went on to say: You are not always should govern the schedule and flights President Obama also promised that right. They are not always wrong. The out of Reagan National, not the Fed- if you would like to keep your health more you listen and the more they lis- eral Government. care plan, you can keep it. Richard ten, you will see where you are not This week, President Obama gave a Foster was also asked if those who right and you will see where they are speech about health care—or actually I liked their health care plans would be not wrong. You also see where you are guess it was last week now. The speech able to keep their coverage. He said: right and they are wrong. But you have was at a fancy hotel here in Wash- Not true in all cases. to listen to try to find that common ington. He told jokes to make everyone It certainly is not true if you live in ground where somebody is right and laugh and sad stories to endear his au- one of the 34 States where health insur- somebody is not right in an objective dience further to his cause. ance insurers stop selling child-only sense of the term and then use that in- The President said, as he has many policies. It is not true if you live in formation constructively and with times before, his law will lower the Colorado and have Aetna Insurance. knowledge and with good faith. cost of health care. President Obama Politico reported Monday evening that I ask all of us to do just that. knows how to give a good speech. He the health insurance carrier was pull- The PRESIDING OFFICER (Mr. also knows how to tell it like it isn’t. ing out of the individual markets. FRANKEN). The Senator from South While President Obama was busy sell- Many Americans will lose their health Carolina. ing his policies on the stump, others plans with ObamaCare. Mr. DEMINT. Mr. President, I ask were busy analyzing the real effects of But you can keep your health care unanimous consent that at the conclu- his health care law. It is not limiting plan if your union or company got one sion of my remarks, Senator JOHANNS cost. of the 733 ObamaCare waivers so far. be allowed to speak. We have heard some of the figures The waivers cover almost 2.2 million The PRESIDING OFFICER. Without given by the Democrats here from the people. You can get your health care or objection, it is so ordered. Congressional Budget Office. But we you can keep it if you are a member of Mr. DEMINT. Mr. President, I think have to expose that they are playing the six chapters of the Service Employ- any American who heard the expla- with numbers. If you tell the Congres- ees International Union which got nation of what ObamaCare does for sional Budget Office to take $500 bil- waivers, and whose political action Americans will realize that the com- lion from Medicare, which is already committee spent more than $27 million plexity of the health care system, the bankrupt and cannot pay doctors to see helping Barack Obama get elected, or importance of the patient-physician re- patients, you take $500 billion and call if you are one of the 8,000 members of lationship cannot be managed from the that ‘‘savings’’ that are created by the United Food and Commercial Federal level. I had difficulty really de- ObamaCare, that is part of where they Workers Union that got waivers. Their termining exactly what was being said get their money. The other part is to PAC has spent millions helping Barack there. raise taxes on a lot of health care prod- Obama and Democrats get elected. I do want to talk about health care, ucts and services and call that new rev- These are the unions that supported but before I do, I need to make a couple enue creating by ObamaCare. cramming ObamaCare down the of comments about the FAA perimeter Any thinking American knows you throats of the rest of America. Even rule that is part of the discussion to cannot create a trillion-dollar new though labor unions represent less which the health care amendment will health care entitlement and it actually than 7 percent of the private work- be attached. saves us money. When the Congres- force, they have received 40 percent of The perimeter rule is an antiquated sional Budget Office looks at our whole the waivers. They do not want the policy adopted in the 1960s that pro- health care spending at the Federal health care they want other Americans hibits aircraft flying in and out of level, it tells us, without all of those to have to accept. Most Americans do Reagan National originating or depart- funny assumptions, that the Federal not play these political games. They do ing anywhere beyond an arbitrary spending on health care is going to not have lobbyists and PACs. But I 1,250-mile limit. Congress imposed this double over the next 10 years. That is think they should all get a waiver too. limitation five decades ago in an at- not saving us money. I think we should name this repeal tempt to help the Dulles Airport in This is the same office that found, bill that we will vote on today the Virginia when it was first being without these funny assumptions, that Great American Waiver. Every Repub- opened. The rationale was that the best ObamaCare would cause premiums to lican in the Senate is committed to re- way to ensure growth at Dulles was to rise an average of $2,100 per year for pealing this bill. Every American gets limit the growth at National Airport, families in the individual market. That a waiver when we repeal this bill. Soon, and so, by federal fiat, a short-haul air- is telling it like it is. we will have a vote to repeal port was created at National and a It was not that long ago that some of ObamaCare here in the Senate. I long-haul airport created at Dulles. At the country’s largest insurance car- strongly urge my colleagues to follow the time, Congress assumed govern- riers sent a letter to their enrollees the House in repealing it and returning ment could create an efficient aviation warning them that ObamaCare was it to the sender in the White House. system and the government would best going to drive up the cost of premiums. I am aware the President currently decide prices, routes, and schedules. They told it like it is. The Obama ad- in the White House might want to veto The perimeter rule is outdated today. ministration did not want this infor- our repeal. There is, however, going to Americans out West want to fly di- mation to get out. So the Department be a Presidential election in 2012, and rectly into downtown DC. Travelers of Health and Human Services sent a this health care bill, this health care

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00013 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S444 CONGRESSIONAL RECORD — SENATE February 2, 2011 law, is going to be a defining issue in An unconstitutional law that touches tempts to try to get it repealed, now that election. 2012 is 2 years before the the most important personal decisions has the support, bipartisan support, of law will fully be implemented. We can Americans ever make must not stand. 61 Senators. The President mentioned get a supermajority to overturn his We must repeal the bill in its entirety. repealing this provision in the State of veto in the next election or we can get Because at the very heart of it, which the Union Address. a new President who will support its makes all of the other parts work, that While there is bipartisan agreement repeal. I think both outcomes are pos- very heart, that individual mandate, on this provision that it needs to be sible. Let’s all go on record now show- violates the highest law of our land. taken out and repealed, the rest of the ing where we stand. I suspect there are It is already failing Americans. 2,700-page bill is still bursting at the some Democrats who might want to re- Health care costs and premiums are seams with flawed provision after peal this law before voters repeal them. going up, despite the false assumptions flawed provision. Months and months The question is, do they have the cour- we hear on the other side. Choices and ago, as this bill was making its way age to break with their party? consumer control over the health care forward, each one of us individual Sen- For now, the President wants us to system are going down. By continuing ators had an opportunity to decide: think his law can be fixed by modifying to follow a failing plan, the govern- Can this bill be changed enough to be it slightly. It cannot be fixed. Trying ment is planning to allow our health saved? The conclusion I reached is to fix it with a few good ideas is like care system to fail. there were no amendments that could pouring a few glasses of fresh water Obama’s broken promises are going change this bill enough that I could into a polluted river. ObamaCare can- to create a broken future for our coun- ever support it. It is fatally flawed and not be fixed by tinkering with its pro- try. If we do not fully repeal this bill, you cannot repair the problems. visions, because the basic premise is it is going to add nearly half a trillion The catch phrase these days—the flawed. dollars in new health care taxes and catchy slogan—is that we will repair This law is actively creating a gov- raise the Federal budget deficit by this bill. Well, this bill is beyond re- ernment-controlled system that relies more than $500 billion in the next 10 on high taxes, less choices, and bureau- pair. We cannot tinker around the years, and nearly $1.5 trillion in the crats making health care decisions for edges. We cannot just kick the tires next decade. Americans. This is exactly what we are and put some air in them. A good de- Yet the President says this is going opposed to and why we insist on a full tailing job on this bill will not save it. to save us money. We know this so- repeal. A recent analysis by the Center Even a major overhaul cannot get this called Affordable Health Care Act for for Health Transformation found it will bill back on the road. It needs to go America does not live up to its label. give the Secretary of Health and back to the factory. This bill is a Human Services 1,968 new powers. Last We must repeal this bill and implement lemon. It is simply beyond repair. That year the Joint Economic Committee commonsense solutions that will lower is why it is important for all of us to found that ObamaCare created 159 new the cost of health care for consumers support Senator MCCONNELL’s amend- Federal programs and bureaucracies to and make health insurance available to ment to repeal the health care bill in make decisions that should be made everyone, even with preexisting condi- its entirety. between patients and their doctors. tions. Let me start out and say what courts If the Democrats and Federal bureau- We should allow Americans to choose are now acknowledging: This is an un- crats are permitted to control our affordable plans across State lines, and constitutional piece of legislation. The health care system, our Tax Code will we should end frivolous lawsuits that underlying foundation of the health look simple by comparison. Worst of drive up costs, and give equitable tax care law is predicated on a false all, in the rush to pass this legislation, treatment to those who do not get in- premise: that the Constitution some- none of its proponents cared if it was surance from their employer. how allows us—us, here in Congress—to unconstitutional. They were not going ObamaCare does none of this. The facts demand of every private citizen that to let the Constitution get in the way and figures tell it like it is. President they buy a government-approved prod- of their health care takeover. Even Obama tells it like it isn’t. It is time uct or face a penalty. now, when asked about the constitu- for Congress to tell it like it is and re- Let me repeat that. The premise of tionality of the bill, the Secretary of peal ObamaCare. this legislation—the false premise, the Health and Human Services has said: I I yield the floor. unconstitutional premise—is that am leaving those arguments to our The PRESIDING OFFICER. The Sen- somehow we, as elected representa- legal team from the Department of ator from Nebraska. tives, possess the constitutional power Justice. Mr. JOHANNS. Mr. President, I had to force every individual in America to So far their legal team is losing. Two an opportunity during the comments of buy a government-mandated and ap- judges have told it like it is. my colleague Senator DEMINT to sit proved product or face a fine. That is ObamaCare has been ruled unconstitu- here and listen to those. I wish to start an unconstitutional premise. tional by judges in Virginia and Flor- my comments today by complimenting Recently, this fundamental flaw was ida. The Virginia court held that the Senator DEMINT. Those were very exposed by court rulings in Virginia individual mandate requiring every thoughtful comments. and Florida. As a lawyer, I have read American to purchase government-ap- Many of my friends on the other side both of them, first word to last word. I proved health insurance was unconsti- of the aisle are now acknowledging the just finished reading the Florida deci- tutional. The Florida court ruled the problems with the health care law. It sion yesterday. These courts, in entire bill was unconstitutional be- was a fascinating process, last Sep- thoughtful opinions, found that this so- cause of the individual mandate in- tember and October as we were leading called individual mandate was simply cluded in it. In his decision handed up to the November elections, to see unconstitutional. down on Monday, Florida District Members running to be on the other Judge Vinson, in his Florida ruling, Judge Roger Vinson compared the law side of the aisle and saying, well, I said: to a finely crafted watch in which one would have done this differently, and if If Congress can penalize a passive indi- of the pieces is defective and must be I get there, I will do that differently. vidual for failing to engage in commerce, the removed. One such provision designated for re- enumeration of powers in the Constitution But what happens to ObamaCare pair is my legislation to repeal the 1099 would have been in vain for it would be ‘‘dif- when you remove that one piece, which reporting mandate that is in the legis- ficult to perceive any limitation on federal is clearly unconstitutional? The rest of lation. To be clear, I have never argued power’’ and we would have a Constitution in the law falls to pieces—as the judge that that was the start of the unravel- name only. might say: The watch will not work. ing of the health care bill. I do not be- You see, according to Judge Vinson’s Vinson wrote: ‘‘I must conclude that lieve that for a moment. What I would ruling, the entire health care law is un- the individual mandate and the re- say is this: That provision should have constitutional because it is predicated maining provisions are all inextricably never been in the health care law. upon the individual mandate. President bound together in purpose and must I am very pleased to report today Obama has argued that. Members have stand or fall as a single unit.’’ that that legislation, after two at- argued that on the floor. Now there is

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00014 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S445 this attempt to extricate from that ar- try do the same, they should at least According to a recent study, the gument, and it will not work. have the security of knowing that the Medicaid expansion is going to cost Ne- The law will continue to be debated sacrifice they are being asked to en- braska between $458 million and $691 in other courtrooms, but I believe we dure is going to improve the Medicare million over 10 years, depending upon are looking forward to a day when the Program. participation rates. Supreme Court of the United States If all the tax increases and all the More shocking is that almost one in says to Congress: You went too far. Medicare cuts were not enough, the five Nebraskans will now be forced on You went beyond the Constitution of law’s projected cost completely ignores Medicaid—a system where we cannot this great Nation. the $115 billion it will cost to imple- find them care. We are not unique. This However, the health care law is ment the legislation. is the true story in every State in the flawed, even beyond this congressional Around here, billions of dollars are United States. overreach, this unprecedented congres- thrown around. We, all of a sudden in The impact on this Medicaid expan- sional overreach. The health care law the last 2 years, added new words to sion could be profound to many hos- double counts dollars, threatens the our vocabulary, ‘‘trillions.’’ A program pitals because Medicaid-eligible indi- health care infrastructure of this great is not big enough unless it has a tril- viduals who are unable to find primary Nation, and adds more individuals to a lion-dollar pricetag anymore. Well, let care—and there will be millions of system I am very familiar with as a us remind ourselves that those are them—will turn to the emergency ward former Governor: the broken Medicaid hard-earned dollars to somebody out for their care. system. there trying to make a living. Recently, the Centers for Disease There is not a Governor in America This is not about funding trillion-dol- Control reported detailed statistics on who would come before any hearing of lar programs. This is about poor indi- nationwide emergency room usage. Congress and argue that the Medicaid viduals in this Nation who are strug- While only 14.1 percent of all house- system is anything but broken. gling to get by, nearly 20 percent of holds in the United States had Med- This bill is also paid for by over $500 whom are underemployed or com- icaid coverage, Medicaid patients com- billion in tax increases and over $500 pletely unemployed. prised more than one-quarter—25.2 per- billion in real cuts to Medicare. All these hidden costs will drive up cent—of all ER visits nationwide. Regardless of the claims to the con- the pricetag even more for this ill-ad- This preliminary May CDC report trary, Medicare cuts simply cannot be vised statute. However, one of the most confirmed that the uninsured do not counted twice. They cannot simulta- troubling aspects of this so-called re- visit the ER the most often, which is neously reduce the deficit, extend the form is its massive expansion of Med- contrary to the arguments made on the solvency of Medicare, and then pay for icaid. It simply heaps more unfunded very floor I am standing. This prelimi- this open-ended entitlement. mandates onto State budgets. As a nary May CDC report confirmed that Well, I am sure any American out former Governor, I do not know how the uninsured do not visit the ER the there would see the fallacy of trying to Governors are doing it these days. most often; patients with Medicaid do. say to them: Well, you can spend the They are in a financial meltdown, with Specifically, more than 30 percent of same dollar twice. You can, on one few exceptions, and here we are simply Medicaid patients under 65 visited the hand, pay for your mortgage and, on heaping more unfunded mandates onto ER at least once, compared to fewer the other hand, use the same dollar to State budgets that are already crum- than 20 percent of uninsured patients make the car payment. No American bling. and those with private insurance. would believe that. You see, only in It puts—get this—16 million more An ER physician put it best: Washington could you get away with people into the most broken part of the High utilization (of the ER) is no surprise; such Enron-type accounting. It is sim- health care system: Medicaid. I can at- many patients have difficulty finding pri- ply budget hocus-pocus. test to the challenge of trying to pro- mary care providers who take Medicaid, so Even the administration’s own CMS vide quality health services for those the ER is the only alternative. concludes that the law’s Medicare cuts on Medicaid today, not even addressing So what does this new law do to solve ‘‘cannot be simultaneously used to fi- the millions to be added. Even now, our this problem? Nothing. It exacerbates nance other federal outlays . . . and to offices are flooded with frustrated indi- and exaggerates and compounds the extend the trust fund.’’ viduals completely unable to find problem. I could go on and on because I have long made the assertion that if someone to provide health care serv- the flaws in the law are so abundant Congress makes reductions in the ices to them due to the lack of partici- and so severe that it cannot operate. Medicare Program, then those dollars pation in the Medicaid Program. Let me wrap up with this thought: need to stay in the Medicare Program, You see, the story is this: 40 percent The people of America deserve better to shore up a program that is running of doctors do not take Medicaid pa- than this effort. The people of America out of money, not to pay for a new tients. Why? They cannot afford to. deserve something better than an un- health care entitlement. Instead, here Ask any doctor, any hospital adminis- constitutional attempt to say the Fed- is what we end up with. These cuts to trator in America: Could you keep your eral Government knows better than Medicare are going to have long-term office or your hospital open on Med- you. No mechanic could get this jalopy consequences to seniors’ access to phy- icaid reimbursement, and they would running again. They would just scratch sician and health care services. laugh at you. They would say: Abso- their head and say: Haul it to the junk- Let me focus on my own State for a lutely not. We would go broke. yard. moment. Nebraska home health agen- So what is the government’s solution This health care bill is so fatally cies. Under this bill, in just 5 short to that problem? Put 16 million more flawed, it cannot be fixed. The only op- years, two-thirds of our home health people into a broken system. It is not tion, contrary to what happened 1 year agencies will be operating in the red. because they do not want to treat these ago, is to go back and, in a bipartisan Nebraska nursing facilities, already patients, you see. They do. But the way, work to build solutions to the stretched to the limit, will have to en- Medicaid reimbursement rates would health care challenges, a step at a dure $93 million in cuts. Does anyone drive them into bankruptcy. time, for once and for all; instead of want to argue that is not going to force So instead of dealing with that prob- compounding problems, solve them. the closing of nursing homes in Ne- lem—a very serious problem in terms I yield the floor. braska? Of course it will. of access for poor people—what do we The PRESIDING OFFICER. The Sen- Hospitals and hospice—major reduc- do? We burden our States with addi- ator from New Jersey. tions in funding. Mr. President, 35,000 tional costs with this legislation. We Mr. LAUTENBERG. Mr. President, I Nebraskans who like and receive the saddle them with little flexibility hear the requests of people on the advantages of Medicare Advantage are through maintenance of effort man- other side of the political aisle to re- going to see reductions in their bene- dates and totally disregard the big peal a health reform bill that has been fits. question of how all these new eligible put in place, received majority support If Nebraskans are going to endure individuals ever have a chance of find- in the House and in the Senate when these cuts, and others across the coun- ing care. developed. Now what we are witness to

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00015 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S446 CONGRESSIONAL RECORD — SENATE February 2, 2011 is that within a bill that is planned for something here or I feel something GDP. But you wonder where the health the continued support for the FAA, here or I have this swelling here, and care cost increases take place. I have which takes care of the conditions they get care. We pay for it; not a lot looked at some of the companies. For under which our aviation structure but we pay for it. But it is available. It instance, I took the year 2009. It was a works, there is an amendment put in is available. It is the kind of perk, I tough year for lots of people. Lots of here that says: We want to repeal, re- will call it, that people across this bankruptcies, lots of foreclosures, lots call the health care bill, the health re- country would be astonished to see how of jobs lost in 2009. form bill that was signed into law by well we treat those who make the laws CIGNA had profits of $1.4 billion 5 the President of the United States. in this country, those who have the re- years earlier and about the same in We have heard that there are chal- sponsibility of taking care of our peo- 2009. The company’s CEO got $18 mil- lenges in court, but we hear also that ple, our constituents. They would be lion worth of salary, providing a com- there are verifications in the courts astonished to see how easy it is to go modity service. Humana, in 5 years, that say this bill, this act, does appear into the clinic, and—yes, we will take went from $270 million worth of reve- to be constitutionally sound. I am lis- you. You need some surgery and we nues to $1.3 billion. The CEO got $6.5 tening, and my vantage point is that I will get you over to the hospital in million. United Health had a heck-of-a grew up in a very poor working-class short form and we are going to take 5-year period. They started off with $2.4 family with all of the ills that follow care of this before your disease gets the billion worth of revenues in 2004, and in poverty. I see America through that better of you. 2009 it went to $3.8 billion. From $2.4 kind of a prism. When people here—Senators, Con- billion to $3.8 billion, and the CEO got I see an America whose intention is gressmen—get sick, they just have to $9 million in salary, he got big kickers to be fair, to take care of our citizens, walk down the hall to the Senate Phy- at the end of the year. A company to provide them with services, to make sician’s Office. They don’t have to get called WellPoint, in 2004 they did $960 sure we have military forces to protect in the car or anything like that. They million worth of sales revenues. Five us from enemies, to make sure we have don’t know the worry or understand years later they did $4.7 billion. The labor standards that try to make con- the worry that comes if medical bills CEO got $13 million. ditions healthy for working people so overtake the opportunity to buy food I look at that as we ponder where the their health is protected as they per- or housing or even force people into money has gone to pay for health care form their tasks. There is an implicit bankruptcy. in this country. So I see one place that promise that says we are going to edu- Again, let me say this isn’t simple a lot of it goes, and that is to the insur- cate those in the early years for sure rhetoric for me. I lived through these ance companies. with a reasonable education. In other conditions. Yet these people who are up Some of our colleagues want to recall words, there is a distribution of the as- for repeal are fighting to take away the this bill and remove the health care sets this country of ours holds to which lifeline the health care reform law has protection from 30 million Americans— 30 million people across this country. almost everyone is entitled to. given to families in need. I know first- Almost 10 percent of our population We are not talking about differences hand what it is like when your family will lose health care if we repeal the in income or differences in personal doesn’t have access to basic health bill that is now in place and is law. The material wealth—housing, et cetera— care. I grew up in a family of modest fact is, repealing the health care re- that somehow others don’t have. I am means in Paterson, NJ. It is a mill form law would be an enormous step not talking about that. I am a capi- town. It was typically a city that re- backward for our country. It would talist. I came up the capitalist ladder, ceived immigrants on a regular basis. hurt seniors, children, and small busi- working hard, and I will talk about My father spent his short life working nesses, and our deficit would balloon, that in a minute. in local silk mills, and he died of can- So when I listen to the rhetoric that grow larger. cer at 43 years of age when I was still Repealing this law would raise drug is delivered here on a continuing basis a teenager. My mother was 37 when she costs for seniors by removing from about government interference in became a widow. them a 50-percent discount on drugs keeping people alive, keeping people I joined the Army. I enlisted in the they purchase when they are in the pe- healthy—why should the government Army. I attended college under the GI riod of the doughnut hole. By the way, interfere with people’s chances to be bill. I was a soldier. I served in Europe repeal of this law would serve to pre- overcome by illness or injury? I con- during World War II. vent us from totally closing that sider it an outrage that some of our As a consequence of the opportunity doughnut hole. Seniors across the colleagues want to repeal a law that is I had to get an education, I was able to country, listen to the truth about what designed to improve the lives of mil- join a couple of friends and start a is being said: The doughnut hole is lions of Americans. company that is known across the going to be closed. It is roughly a $4,500 I think the push to repeal health care globe. The company is called ADP. We element in people’s income—or cost, reform is the worst kind of hypocrisy have more than 40,000 people working rather. coming from this place and the other around the world in more than 20 coun- This repeal would also give the big- end of the Capitol—here with 100 people tries, three of us, from poor families. gest insurance companies more power and the other side with 435 people. Two of them are brothers, and their fa- over their patients to charge out- There are those who have voted not to ther was a mill worker also. Because of rageous fees than ever before. have this health care reform in the the success I had in business, all my This means the insurers could once first place, and now they are jumping family had to do was worry about their again reduce benefits, stop coverage on the opportunity to repeal a law that good health and not back-breaking during a person’s illness, and refuse to is designed to help people’s health, to medical bills. But I never forgot what care for individuals and children help kids grow healthily, to help fami- it was like to see my mother working stricken with preexisting conditions. lies be able to maintain a degree of so hard behind the counter of the store Repealing health care reform would functioning when illness strikes their to pay the doctors, the pharmacies, the also hurt young adults, who would no family, to provide services that in- hospitals, to keep my father com- longer be able to stay on their parents’ crease longevity to our people. I, for fortable for the 13 months he was in health plans until age 26. For young one, speak well for that effort. bed with cancer, robbing him of his life adults—especially new college grad- It is so hypocritical to me because on a daily basis. uates facing a tough job market—stay- the Senators who are advocating repeal That is why I was proud to vote for ing on a parent’s health insurance is have access to the best health plan in the historic health care reform law the only reasonably priced insurance our country. They get to walk down which is holding insurers more ac- option available. the hall to a clinic with a half dozen countable and making our system more If health reform is repealed, small doctors, competent and skilled people. sustainable. businesses will lose tax credits for up There are health care aides who work I looked at the history of the health to 35 percent of health insurance pre- there, professionals, and all they have insurers because we see the health care mium costs. It would jeopardize the re- to do is go in there and say: Doc, I feel bills constantly taking more of the cent growth in the number of small

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00016 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S447 businesses offering health insurance portant to point out that the Congres- from Medicare, which this law does— coverage to their employees. sional Budget Office makes decisions $500 billion—it doesn’t do it to help This repeal effort is fiscally irrespon- directly related to the input and the strengthen Medicare or lengthen the sible because ending health reform parameters and the details of legisla- life or the vitality of Medicare; it does would increase the deficit by at least $1 tion they are sent. The Congressional it to start a whole new government trillion when we are all looking at the Budget Office, most appropriately, does program. It takes $155 billion from hos- deficit here and wondering what we can not decide on policy; they are simply pitals, $202 billion from the 11 million do to bring it under control. We cannot there as a budget office. So what I am seniors on Medicare Advantage, $15 bil- do it with the costs we have scheduled saying is, garbage in, garbage out. If lion from nursing homes, $40 billion for health care. you are given a certain database on from home health agencies, and $7 bil- Mr. MCCAIN. Mr. President, will the which to make judgments of costs, lion from hospices. Senator yield for a question? then of course you are going to come As my colleague from Arizona said— Mr. LAUTENBERG. Yes. out with basically predetermined re- he mentioned the CLASS Act, which Mr. MCCAIN. How much longer will sults and analysis. has been called a Ponzi scheme that he be? One of the numerous aspects or parts Bernie Madoff would be proud of. The Mr. LAUTENBERG. About 3 minutes. of the legislation that was not taken President’s own debt commission says Mr. MCCAIN. I thank the Senator. into consideration by the CBO because repeal that because, with the way that Mr. LAUTENBERG. As a country, of the way the legislation was written is set up in terms of taking the money how could we repeal this law and then is the so-called doc fix. The doc fix, as in first so they can count that as com- look our children and grandchildren in we all know, is in compliance with a ing in, the obligations 10 years and be- the eye? We should be focused on get- reduction in Medicare payments to yond will bankrupt this country. Ev- ting this critical jobs bill signed into doctors that was mandated several eryone on both sides of the aisle real- law, not refighting last year’s partisan years ago. Then we found out that doc- izes that. The bipartisan President’s battles. tors would stop treating Medicare pa- debt commission realized it to the Make no mistake, Democrats are tients if they were deprived of the point that they put it in one of their willing and eager to fix the parts of the Medicare payments they needed in recommendations. To hear our col- health care reform law that might need order to make up for the costs of the leagues and the last speaker talk about the fact that this may actually help adjustment. I, for one, would salute treatment they provided to Medicare with the deficit and with the debt, any- that kind of a review. But to repeal the enrollees. We know that every single body who looks at this over the long entire law is an example of outrageous year we have had to do the doc fix, term and the nature of our country overreach. Instead of meeting us half- which has not allowed the previously knows this will bankrupt the country. way, our colleagues on the Republican legislated reductions in Medicare pay- side are engaging in misguided polit- I worry about the jobs in this coun- ments to physicians. So that is an ad- try. We are at 9.4 percent unemploy- ical battles. It is wrong, and we can’t ditional $208 billion over 10 years—that allow repeal of this law which is im- ment. I know both of us as Senators alone is $208 billion. Nowhere is that are working to try to find ways to proving the lives of millions of Ameri- put into the equation. cans. make it easier and cheaper to create Then we have, of course, the so-called private sector jobs in America. This I thank my colleague from Arizona CLASS Act, which is a poorly designed for permitting me a courteous exten- health care law makes it more expen- Federal long-term care program. It was sive and harder to create private sector sion of time. inserted at a point in the debate that I yield the floor. jobs. was never in the original bill passed Mr. MCCAIN. Nowhere during the de- The PRESIDING OFFICER. The Sen- through the HELP Committee. bate, I ask my friend, did I understand ator from Arizona. I ask my colleague, it is a program that there would be a very large use of Mr. MCCAIN. Mr. President, I ask for long-term care where people pay ‘‘waivers’’ for different companies, in- unanimous consent to engage in a col- into the system in order to be eligible cluding unions, businesses, et cetera, loquy with the Senator from Wyoming, for long-term care benefits, but over and already we have had well over 700 Mr. BARRASSO. time that money comes back out—not waivers granted to unions and others The PRESIDING OFFICER. Without in the timeframe that was given to the who have sought relief from this legis- objection, it is so ordered. CBO. There are a number of other pro- lation. Mr. MCCAIN. Mr. President, obvi- visions. I am told that only entails about 1 ously we rise in support of the amend- I ask my colleague from Wyoming percent of America’s economy, but ment put forward by the Republican what his assessment of the costs were isn’t that quite a remarkable repudi- leader for repeal of the health care bill. taking into consideration the doc fix, ation of this legislation? I would have As we know, the House of Representa- the CLASS Act, the envisioned Medi- liked to have heard during the debate: tives has already acted in an over- care cuts by $500 billion, and others, By the way, the Secretary of Health whelming fashion. Neither the Senator which are simply not going to happen. and Human Services is going to have to from Wyoming nor I intend to go I would be interested in the Senator’s give well over 700 waivers for people so through all of the arguments we went total of the costs that actually would they won’t have to comply with this through for nearly a year here on the be saved by repeal of this legislation. law. And the only reason you give a floor of the Senate. In the years I have Mr. BARRASSO. What we are trying waiver, obviously, is because the im- been here, I have never spent more to do is actually provide people with plementation of the law would be time on any single issue, by far, than the care they need, the doctors they harmful to them. I am very interested on the health care issue on the floor of want, at a cost they can afford. Yet, in hearing my colleague’s comments the Senate. when we look at this health care law about this so-called waiver business. One of the most important parts of that—remember, it was written behind Along with that, the Governor of my this debate has been the overall cost— closed doors in spite of the promises. State has written to the Secretary of either savings or loss—if this legisla- That is why people were so offended Health and Human Services to give the tion is repealed. Of course, the highly and are still opposed to this. We had State of Arizona a waiver. I hope that, regarded Congressional Budget Office votes in the middle of the night, and since the Secretary of Health and has determined that there would be an there were all those special deals cut Human Services is in that business, she overall increase in the cost of health for Senators to get that 60th vote. will grant that to my home State. care in America if the bill were re- What I hear most about as I travel Mr. BARRASSO. I would like to see pealed. I think it is very important for my State are the proposed cuts to every citizen in this country get a us to recognize the valuable work the Medicare. As the Senator mentioned, it waiver. I would like every State to Congressional Budget Office does. They was $500 billion. You talked about the have an opportunity to get waivers be- are really one of the most important President having a commission to look cause last week the Secretary of parts of the decisions we make on leg- at the debt. What that commission said Health and Human Services gave an- islation. But I think it is also very im- is that if you are going to take money other 500 new waivers. The total now is

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00017 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S448 CONGRESSIONAL RECORD — SENATE February 2, 2011 729 waivers. You can find them on the issue didn’t really come to the floor, as night? We worked in the middle of the HHS Web site. It covers 2.2 million peo- a number of us would have liked, in night because there were so many ple. this health care law that was written, amendments. Fine, that is democracy. It is interesting because before this as I say, behind closed doors, they That is the way the legislative process bill was passed through in the middle asked Howard Dean, then-chairman of works. But don’t try to rewrite history. of the night, labor unions publicly sup- the Democratic National Committee, Don’t try to rewrite facts. And if you ported this health care law. Now there why they don’t include it, and he said: want to rewrite the bill, keep your are 166 union benefit funds that are ex- We can’t stand up to the trial law- promise, Republican Party. If you want empt and have gotten the waivers. yers—who have such a remarkable in- to repeal, then let’s go to replace. They got the waivers. Unions now have fluence on the party on the other side I want to hear their ideas for replace- 860,000 out of the 2.2 million waivers. of the aisle. ment. I challenge them right here, Unions now have 40 percent of all the I am hoping that the President, in right now, today on this amendment. waivers even though they are only 7 his statement in his State of the Union Come in with other amendments on percent of the private sector workforce Address, was sincere because it clearly your ideas for replacement. I want to in this country. did not follow through what he said in know what it is they want to do. I want My question to my colleague is, if June of 2009 when he met with doctors to know which parts of the health care this law is so good, why do so many from all across the country. reform they want to repeal and replace. people who supported it in the first Mr. MCCAIN. I thank my colleague. I What is it they want to repeal and re- place now say they don’t want it to thank the Senator from Maryland for place? apply to them? Is it, as NANCY PELOSI her patience. How about this? No longer can big in- said when she was Speaker of the I yield the floor. surance deny coverage to a child with a House before the election—before the The PRESIDING OFFICER (Mr. preexisting condition. Do they want to election that repudiated this health UDALL of New Mexico). The Senator repeal that? And with what are they care law and the way it was crammed from Maryland is recognized. going to replace it? Do they want to re- down the throats of the American pub- Ms. MIKULSKI. Mr. President, I rise peal the part where we allow young lic—didn’t Speaker PELOSI say that today in very strong opposition to any people to stay on their parents’ plans first you have to pass it before you get attempt to repeal the health care re- until they are 26? Do they want to re- to find out what is in it? form bill. The Republican leadership peal that? And with what do they want It seems to me, and I ask my col- has offered an amendment to repeal the to replace it? league from Arizona, that as people Affordable Health Care Act. They are We eliminated the cap on what an in- know more about what is in this law, it only keeping half of their promise. surance company could pay out. Do is less popular on a daily basis. Yester- They went out there and campaigned— they want to repeal that cap—if you day, 58 percent of Americans, in a Ras- and the tea party had a teapot boiling have cancer, if you need heart surgery? mussen poll, said they would like to over—and they said: We are going to And with what are they going to re- have it repealed, and the numbers of offer a bill to repeal and to replace. place it? people who thought all of us ought to Guess what they are doing today. One I am proud of what we did in health be able to get waivers was even higher more hollow, symbolic, pander-to-the- care. It is an excellent bill. We accom- than that. masses amendment. Their amendment plished four goals. First of all, we save Mr. MCCAIN. I thank my colleague offers a repeal, but it does not offer a and strengthen Medicare. We end those for his enormous contribution to this plan or strategy to replace. Do you punitive practices of insurance compa- debate and his knowledge and back- know why? They have no ideas. They nies. We expanded universal access. ground in the medical profession. just want to pander to the crowd. And, guess what. We came up with There is one other issue I want to I want my colleagues to know that I quality and prevention measures that mention. Of course, I was pleased to am emphatically and unabashedly save lives and save money. This is what hear the President, in the State of the against the repeal of health care re- people wanted in health care reform. I Union Message, say that we ought to form. But I want to say to my col- heard it all over Maryland and heard it look at the issue of medical mal- leagues, as I listened to this colloquy, at hearings. I had roundtables, hear- practice reform. I can’t tell the number every Senator has the right to rewrite ings, I was in diners, I held online of times we have tried on this floor to legislation, but they do not have the townhall meetings, phone calls, letters. have at least the beginning of some right to rewrite history or to rewrite Once they got the straight information kind of meaningful medical mal- the facts. about what we did, they liked it. practice reform. I said to the Secretary I heard CBO criticized and being dis- Let’s go to Medicare. We extended of Health and Human Services at a missed. But yet it was the Republican the solvency for a decade. We closed hearing the other day that I hoped she Party who said we could not move any- the doughnut hole that has been so would be making some proposals to us, thing, bring up anything, even get a hard to swallow. Last year, more than to the Congress, so that we could ob- Kleenex without getting a CBO score. 32,000 Maryland seniors received a $250 tain some kind of medical malpractice Now they do not want a CBO score. rebate check to help pay for prescrip- reform. You cannot say I want a CBO score one tion drugs. That is in the health care As we all know, sometimes as much day and then make fun of it the next. reform bill. If we repeal it, do I have to as 20 to 30 percent of the cost of health Garbage in, garbage out. call up 32,000 Marylanders and say give care is accrued because of the physi- Then second: Oh, they rewrote the it back? Give it back; we repealed. cian’s prescription for unneeded and bill in the middle of the night, sweet- Wow, I bet that is going to go over. unwanted and unnecessary tests for heart deals, whatever. I was on the These same seniors will now get 50 fear of the physician finding himself or HELP Committee. I chaired the task percent off their brand-name drugs herself in court trying to defend the force on quality. I went to several when they hit the prescription drug treatment of a patient. That, of course, hearings in an open, public forum to coverage cap. Are we going to repeal is a huge portion of the additional get the best ideas to produce the best that? And with what are we going to costs in health care in America today. bill. In many of those instances, very replace it? I was pleased to hear the President of few of the other party even bothered to Also, one of my favorite parts of this the United States say he wanted to ex- show up. So I am not real excited about bill is ending the punitive practices of amine and visit the issue of medical their criticism. insurance companies, such as seeing a malpractice reform. I know my col- Then we went into a markup of the child denied coverage because of chron- league stands ready to work with him bill, 4 weeks in the HELP Committee, ic conditions because of asthma or ju- on that issue. open, public markups in full view and venile diabetes. Mr. BARRASSO. The President said on C–SPAN. Over 300 amendments were I also fought very long and hard, as the same thing in June of 2009 when he dealt with—300 amendments. How is everyone knows, for women. Did you visited and spoke to the American that secret? How is that behind closed know, Mr. President, when we began Medical Association. So when that doors? How is that in the middle of the our hearings on the bill, we found out

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00018 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S449 that in many instances insurance com- cian at Johns Hopkins, Dr. Pronovost. do not know the answer to that, but panies charged women 25 to 40 percent He developed a checklist that, if fol- that is what this bill would require. more in their premiums simply because lowed, lowers infections that are While States work to prepare bal- they were a woman, more than guys caught in hospitals which takes lives, anced budgets in anticipation of Med- with the same age and same health sta- takes money, and extends stays. icaid expansion, they will not be given tus? Are we going to repeal that and In health care reform, we improve pa- the flexibility to make prudent mar- bring back gender discrimination? tient safety and help prevent medical ket-based decisions to improve their Also, we ended the despicable prac- errors. The Pronovost checklist, which fiscal outlook. The Governor of Geor- tice of just being a woman being treat- we allow to occur in the bill, has now, gia has put forward proposals such as ed as a preexisting condition. Another we found out, reduced in Michigan pa- ending Medicaid coverage of dental, vi- point my hearing disclosed is that in tient deaths by 10 percent, and it has sion, and podiatry treatment for seven States and the District of Colum- nearly had over an 85-percent effective adults. These are painful decisions that bia, women were denied coverage for rate at eliminating bloodstream infec- States are being forced to make, but simply being a victim of domestic vio- tions. the health care law requires States to lence. They were abused by their part- The cost savings to both public and maintain eligibility levels for bene- ner, and they were then abused by the private insurance in Michigan has been ficiaries in order to keep their Federal insurance company. Are we going to stunning. Do we really want to repeal Medicaid dollars. abuse them once again by repealing these measures that are saving lives Reimbursement from Medicaid is al- that provision? Not if I can help it. and saving money? ready so low that a majority of doctors Then there were other issues also re- I do not want to repeal this bill. We will not see Medicaid patients. States lated to the whole issue of prevention. did a lot of good things in it. If the Re- are left with little options other than We offered a prevention amendment. publicans have ideas, then I do not further reducing payments to providers When they tried to take our mammo- think they should vote to repeal unless or raising copayments for bene- grams away from us, the Democratic they have a better idea to replace what ficiaries. women took to the floor—and good I outlined today. I challenge them: If The Federal Government should not guys supported this bill and we passed you want to repeal, keep the other half be hindering States’ flexibility in deal- it: preventive measures at no cost and of your campaign promise—replace. ing with their individual budget issues. no deductible in order to make sure we Let’s put those replacement ideas out This is not an area where the Federal not only had our mammograms but into the light of day. Let’s put them Government should be impeding on the that there were other preventive serv- out for debate and discussion and then sovereignty of our States. ices. vote. I am up to the task. I wonder if America’s deficit is the single biggest Provision after provision—are we they are. issue facing our country today. Repeal- going to go back to that? I hope not. If Mr. President, I yield the floor. ing the health care bill means that our they are going to repeal, that is what The PRESIDING OFFICER. The Sen- deficit will not increase by an esti- they are repealing. They are really re- ator from Georgia is recognized. mated $2.6 trillion when this bill is pealing the way we ended the punitive Mr. CHAMBLISS. Mr. President, I fully implemented over a 10-year pe- practices of insurance companies. They rise today to urge my colleagues to re- riod, and it would also prevent that are really repealing our attempt to peal this highly unpopular health care same $500 million in cuts coming from make sure Medicare is solvent and law. Here is what repealing this health Medicare to pay for entitlements that close the doughnut hole for prescrip- care bill will mean to Georgians. would do nothing but exacerbate our tion drugs for seniors and also get First of all, the Federal Government budgetary woes. them better health evaluations. We will not be required to spend $8,470 on My constituents in Georgia, and citi- also did other things. health care for every single Georgian zens all across this country, have made I am so proud of this. We said to the every year; 176,000 Georgia seniors who it clear that they want Congress to re- insurance companies, 80 percent of are today enrolled in Medicare Advan- peal this legislation and work to lower what you collect has to go into health tage will not have their benefits re- health care costs and insure Americans care. It cannot go into administrative duced; and the $500 billion in Medicare through commonsense solutions that costs. It cannot buy you another cuts will not be used to pay for new are not negotiated behind closed doors. Armani suit or a pair of Gucci shoes or programs under this law; around 2.1 We need a law that replaces this law a third or fourth home or $1,000 bottles million Georgia households making and that actually reduces health care of wine when you have those con- less than $200,000 will not have to pay costs and enacts insurance reforms im- ferences where you think about price higher taxes to fund this monstrous mediately. fixing; you have to put it back into bill; 70 percent of small employer pur- Americans should be allowed to buy health care. I do not want to repeal chasers will not face higher premiums; insurance policies across State lines; that provision. I want that 80 percent small businesses employing 50 or more small businesses should be allowed to collected to go back into health care. I people and 8,000 Georgia construction pool resources and offer more afford- think that is a good idea. companies with five or more employees able insurance to workers; we need to In our bill, one of the things I am will not have to pay higher health care limit baseless lawsuits against doctors; proud of is that we stop big insurance costs or be subjected to new penalties and we should expand health savings from putting lifetime dollar caps on due to government mandates. accounts. benefits. I heard from a woman in Co- Under this law, hundreds of thou- Furthermore, in light of recent judi- lumbia who told me her husband had sands of additional low-income Geor- cial decisions in Virginia and Florida, reached his lifetime limit. So when he gians will become eligible for Medicaid it appears the law may not be upheld in needed an EKG to deal with a long- in 2014. That is going to result in an es- the courts. I applaud the decisions time cardiac problem, they had to pay timated $1 billion in new expenses for reached by Judge Hudson and Judge for it out of pocket. Even with health my State to fund that program. How Vinson that Congress does not have the insurance, their health care costs still are we going to fund that $1 billion? We authority to force Americans to either topped $17,000 a year with their annual are a State that has to have a balanced purchase health insurance or pay a income at $60,000. By lifting that cap, budget every year, and we are strug- penalty for not doing so. That provi- the man can get his EKG and prevent gling right now. Our Governor and the sion of law, obviously, is ultimately other kinds of problems. legislature are making tough and hard going to be decided by the Supreme I could go case example after case ex- decisions cutting expenses to balance Court. ample. the budget this year. I plan to vote on repealing this law Let’s go to something called quality Under this bill, they are going to and working with my colleagues on and prevention. I know that is often have to come up with another $1 bil- both sides of the aisle to start the proc- ridiculed. That is goosh; that is not lion. They are going to have to raise ess over, to make sure the next time like real medicine. I want to tell the taxes, raise tuition costs at our univer- we do it in the open and not behind story of a brilliant and talented physi- sities. Where are we going to get it? We closed doors and that we get it right.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00019 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S450 CONGRESSIONAL RECORD — SENATE February 2, 2011 Mr. President, I yield the floor, and I I have to say also, when I look and are going, how you relate to the other suggest the absence of a quorum. listen to people talking about the debt traffic in the area. So I got on Corpus The PRESIDING OFFICER. The and the deficit and the problems we Christi approach and I said: This is clerk will call the roll. have, I think it is ludicrous that we Twin Cessna 115 echo alpha. I will be The assistant legislative clerk pro- can go back and try to act like Bush coming south on VFR, descending ceeded to call the roll. had these great deficits. If you take the through 15,500 to go to the Cameron Mr. PRYOR. Mr. President, I ask deficits during the 8 Bush years, add County Airport. unanimous consent that the order for them all up and divide by 8, it came Halfway down they handed me off— the quorum call be rescinded. out to $247 billion each year. Now we this is the terminology that is used—to The PRESIDING OFFICER. Without have a President who has in just 2 the FAA controller down there in the objection, it is so ordered. years accumulated almost $3 trillion— valley. This is way down South. A lot Mr. PRYOR. Mr. President, I thank six times the deficit that was there of the people back East here do not un- my colleague from Oklahoma. I know under the Bush administration. When derstand that Texas, when you get he has been gracious enough to allow people keep saying something over and down to the southern tip, that is far- me to speak in front of him. My speech over that is not true, they assume peo- ther south than Miami, FL. It is way today, hopefully, will be fairly short, ple will eventually believe it. In this down there. but I do want to raise something that case, I believe the American people are We went down and they handed me I think is of critical importance to the so concerned about the spending, the off to what they call valley approach. country. unprecedented spending, the Valley approach took me all the way (The remarks of Mr. PRYOR per- unsustainable spending of this adminis- down to Cameron County Airport, taining to the introduction of S. 256 are tration, this President and his major- turned me loose—and I am trying to printed in today’s RECORD under ity in both Houses, they are up on this get the recording so I know exactly ‘‘Statements on Introduced Bills and issue. when it was—to land at the Cameron Joint Resolutions.’’) Before I get to my two amendments, County Airport. This is the FAA. Mr. PRYOR. I yield the floor. I wish to mention one other aspect I The problem is, when I went ahead The PRESIDING OFFICER. The Sen- was going to have as an amendment to and landed—by the time I got every- ator from Oklahoma is recognized. the FAA bill. Unfortunately, there was thing in landing configuration, it was Mr. INHOFE. Mr. President, there not time to put it together, so I will be too late to go around. We are going has been some confusion, moving doing some sometime this summer, but below the blue line, as the saying is, so around the time. While I was supposed I wish to serve notice. I have the dis- I had to land when there were workers to be here earlier, let me ask unani- tinction, I guess you would say, since on the runway. mous consent that I be allowed to the retirement of Senator John Glenn, I say to my friend from Iowa, the way speak in morning business for such I am now, I believe, the last remaining they normally preclude something time as I will consume. active commercial pilot in the Senate. from happening, as he well knows, is The PRESIDING OFFICER. Without When I look at the FAA bill, I have a they have you on their radar. They objection, it is so ordered. lot of interest in it. know you are there. But they publish Mr. INHOFE. I say to my friend from I had an incident that occurred to me NOTAMs, that is Notice to Airmen. Be- Arkansas who just spoke, I know a lit- on October 20 of this year when I was fore you fly into any place, you check tle bit about the program you have. In flying my twin-engine airplane into a the NOTAMs to see if there is construc- fact, the Senator is fully aware my field in south Texas. It was called Cam- tion on the runway, if there is any kind daughter Molly is a marketing pro- eron County Airport, a noncontrolled of problem. Of course, we checked and fessor at the University of Arkansas, field. I experienced something that is there were no NOTAMs that day for who has talked about this very con- going to make me go back and revisit Cameron County Airport, but there cept. I do not know why all the suc- to see if perhaps what happened to me, were people working on the runway. cesses have gravitated to northwest if it happens to someone else, people in I wish to offer legislation, and I will Arkansas, but it seems that they have. the FAA would be just as generous as include in the legislation a require- Maybe this has something to do with they were with me. ment that NOTAMs are published it. I look forward to following through Before I tell you what happened, I where they can be found by the pilot. with the Senator on this program. have to say the FAA could not have In this case, the NOTAM that came out I wish to mention a couple things I been better. They could not have been that there is someone working on the have been wanting to talk about, but I more cooperative. I sat down and airport did not come out until Novem- am here actually to describe two talked with them about the incident. I ber 2 and this was October 20, so I had amendments I have to the FAA bill. will tell you what happened. I was fly- no control over it. I am not blaming First, I would like to say publicly ing some passengers in one of my anyone. I am saying they need to be in how proud I am of the new attorney planes, a twin-engine airplane, into a conspicuous place where that will general, Scott Pruitt, that we have in Cameron County Airport. This hap- happen. the State of Oklahoma. He is taking pened to be a nice day. It was a VFR— The second problem I see that affects the leadership in suing to determine visual flight rules is what that means— general aviation is everything we do the constitutionality of the govern- so I didn’t have to have control with when we talk to a controller is re- ment-run health care. We are doing the controllers on the way down. How- corded, and the public should have ac- that currently in the State of Okla- ever, as a precautionary measure, what cess to these recordings. I know it is a homa. I am looking for some great re- I always do, I talk to them anyway. So difficult thing. I have requested this, sults from that. when you go down straight south from now, since way back in October and As I look at this, sometimes you Tulsa, OK, to Cameron County Airport, have not yet received it. I am going to have to ask the very basic questions. If you fly right over Corpus Christi. That try to set up a system where that is you are talking about a government- is about 120 miles north of the Cameron available to everyone. run system, something that doesn’t County Airport. Then, last, because even though no work in Sweden or Denmark or the UK Because they have a lot of training action was taken—I didn’t violate any- or Canada, why would it work here, down there—they have the Navy guys, thing and everything turned out fine; I when we have all these members of the training that takes place—it is al- did study procedures and all that—but Parliament coming over saying: Why ways safer, when you are flying around the bottom line is, all during that proc- are you insisting on going to some- down there with a lot of kids who may ess, someone, a bureaucrat, could have thing that is a dismal failure at the only have 30 or 40 hours, to get on con- taken away my license. Here I have same time we are moving toward a trol so they are watching you. When more hours than most American air- much more successful health delivery you get on a control, in this case it is line pilots. I fly, on average, probably 4 system, the model for the whole world, an approach control, they give you a hours a week still to this day. That and that is what we have in the United squawk so you know—they know who would be taking away a major part of States. you are, where you are, how fast you my life and that is how serious it is.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00020 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S451 Many years ago, about 10 years ago, time and money and they do this. What this new law are real. If anything, CBO the greatest pilot in America, named I want to do is get them a release from has underestimated the savings that Bob Hoover—he is a tremendous pilot, some of the liability to which they will come about, especially as a result up in years, actually considerably older would otherwise be exposed. In other of the robust wellness and prevention than I am—and they actually took words, these people are doing this at provisions in the new law, provisions away his license. This is called an their own expense, on their own time, that will keep Americans healthy and emergency revocation. I authored a law but they are also exposing themselves out of the hospital in the first place. to require a type of an appeal, appel- to major lawsuits. I would simply add that if the sav- late process. We passed it. I think a These are the two amendments. That ings in the new law were based on gim- similar thing should be afforded to all happens to be amendment No. 6. I will micks, then those gimmicks would members. be trying to get that in the queue after surely show up by the second decade of Again, I wish to say the FAA could tonight’s vote, so perhaps we will be the law’s implementation. That is the not have been more cooperative and voting on it sometime between now nature of gimmicks; they eventually more thorough, but I think we need to and Tuesday. get exposed. But the savings in the new change the rules. We will probably With that, I appreciate the patience law actually skyrocket in the second have to do it legislatively. I plan to do of my friend from Iowa and I yield the decade to nearly $1 trillion. So to wild- that during the summer. floor. ly assert that the savings in the new My two amendments. The first is one Mr. HARKIN. Mr. President, I sug- health reform law are based on gim- I think most people, when they under- gest the absence of a quorum. micks is flat wrong. It is irresponsible. stand it, will appreciate; that is, they The PRESIDING OFFICER. The Let’s be clear. The Republicans’ ob- are attempting, it is my under- clerk will call the roll. session with repealing the new health standing—right now there is a rule The assistant legislative clerk pro- reform law is not based on budgetary that is pending. It is not part of this ceeded to call the roll. considerations, it is based strictly on legislation directly but in a way it is Mr. HARKIN. Mr. President, I ask ideology. They oppose the law’s crack- because, with my amendment, we unanimous consent that the order for down on abuse by health insurance would be able to preclude this from the quorum call be rescinded. companies, and they oppose any seri- happening. The air carriers are sched- The PRESIDING OFFICER (Mr. ous effort by the Federal Government uled airlines and unscheduled. The CARDIN.) Without objection, it is so or- to secure health insurance coverage for unscheduleds—they are called charter dered. tens of millions of Americans who cur- airlines and other types of airlines— Mr. HARKIN. Mr. President, if there rently have none. We all remember William Buckley’s they are under a different FAR, the is one clear message that voters sent in conservative motto, sort of the father Federal Aviation Regulation, part 21, the last election, it is that they want of the, I would say, modern American but it is a subpart S. Subpart S says, if Democrats and Republicans in Con- conservative movement. William Buck- you are an unscheduled airline, you are gress to cut out the bickering and the ley said once that: The role of conserv- not restricted to the same crew restric- partisanship and to focus like a laser atives is ‘‘to thwart history, yelling tions they have for a scheduled airline. beam on boosting the economy, cre- ating jobs, and reducing the deficit. So ‘stop.’ ’’ There is a reason for this. In 1935 Franklin Roosevelt and the The reason is this. A scheduled air- I find it absolutely astonishing that Congress passed Social Security, pro- line, they are out there every day, and the Republicans’ No. 1 priority, indeed their obsession in these opening weeks viding a basic retirement security for they adjust their schedules for crew every American. Republicans fought it of the new Congress, is to launch bitter rest time. A charter does not have that bitterly, and 75 years later they are new partisan attacks on the new health opportunity. So they may go maybe still trying to undo it and privatize it. reform law, in an attempt to repeal it three or four times what the crew’s In 1965, President Johnson and the Con- in its entirety, something that would rest would be and then have to take a gress passed Medicare, ensuring seniors cost hundreds of thousands of jobs, and longer flight. This does affect the mili- access to decent health care. Repub- add $240 billion to the deficit in the tary. Right now, if you are flying blood licans fought it bitterly, and 45 years next 10 years. into Afghanistan, it is flown in by later they are still trying to undo it It would be sufficient to oppose this charter airlines. These airlines will and privatize it. To quote another fa- reckless amendment strictly on budg- take it down to Qatar and then go in mous Republican President: Here they etary grounds. As I said, it would add probably on a C–17. go again. To go from Ramstein down to Qatar $240 billion to the deficit in the first By the way, notice that the Repub- and back is longer than they can take decade. Nearly $1 trillion would be licans are no longer even pretending to without crew rest or, if they take it added to the deficit in the second dec- offer a realistic comprehensive alter- into Afghanistan, that charter flight ade, if we repeal the Affordable Care native. They used to talk about ‘‘repeal would have to do crew rest actually in Act. and replace.’’ Now they are just talk- Afghanistan—maybe in Kabul. Obvi- The sponsors of the repeal amend- ing about ‘‘repeal.’’ As always, the Re- ously, they cannot leave a civilian ment have proposed no offsets whatso- publican approach to health reform can plane there under some of those condi- ever. So for all of the Republicans’ be summed up in five words: Pray you tions. So the only choice, then, is we crocodile tears over big budget deficits, don’t get sick. would have to use some of our lift ca- their first action in the new Congress So make no mistake, the fight to pacity of the C–17s to do that. is to propose adding nearly $1⁄4 trillion provide access to quality affordable The problem we are having right to the deficit over the next 10 years, health care for all Americans has only now, our C–17s are so overworked, our and over $1 trillion in the second 10 just begun, it looks like. The same crews are overworked, so I believe that years. ideologue who came up with the big exemption should continue to be in The Congressional Budget Office is lies about the death panels and pulling place and we will be trying to pass this our only objective nonpartisan referee the plug on grandma are rolling out amendment. I am going to try to get in when it comes to budget projections. their latest campaign of misinforma- the queue. This is actually our amend- CBO has told us in no uncertain terms tion. ment No. 7. that the McConnell amendment, the re- The good news is that this time The other amendment I have I am peal amendment, will add $240 billion around the dynamics of the debate very sensitive to because I have par- to the deficit this decade. The Repub- have shifted. Just as I long predicted, ticipated in these programs. There are licans’ response is to attack the credi- as people learn more about the great a lot of voluntary organizations, volun- bility of CBO, the Congressional Budg- things in the Affordable Care Act, the teer pilots—I have done it at my own et Office, and to claim that the hun- benefits and protections that are now expense, helping heart patients get dreds of billions in budget savings, guaranteed by law, support for health around different places, flying in to thanks to new health reform law, are care reform is growing steadily as time help people out. A lot of pilots are very based on ‘‘gimmicks.’’ That is com- goes by and people learn more about generous with their equipment and plete nonsense. The budget savings in what is in it.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00021 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S452 CONGRESSIONAL RECORD — SENATE February 2, 2011 A year ago, we were bogged down in ual’s liberty. So health reform is all heart disease. The new law outlaws the the messy, frustrating politics of pass- about freedom, freedom from the fear denial of coverage based on preexisting ing a bill. This time around the law is that if you get sick, you will not be conditions. The McConnell amendment the law, and what is at stake is crystal able to afford a doctor; freedom from on repeal takes that away. The largest clear: Are we going to put the health the fear that a major illness will lead health insurer in California used tech- insurance companies back in the driv- to financial ruin. These are the prac- nicalities to cancel the policies of er’s seat, once again free to discrimi- tical freedoms that matter to Ameri- women who got breast cancer. The new nate based on preexisting conditions, cans. law outlaws the practice of cancelling free to cancel your policy if you get I cannot tell you how many people policies when people get sick. The sick, free to cut off payments? Are we have come up to thank me and other McConnell amendment takes away going to revoke access to health insur- sponsors for passing the Affordable that protection and restores the right ance for more than 30 million Ameri- Care Act. They tell me how it has per- of health insurers to return to that des- cans? Are we going to add hundreds of sonally affected their families in pro- picable practice. The new law prohibits billions of dollars to the deficit by wip- foundly positive ways. Let me first tell insurers from imposing lifetime limits ing out all of the savings of the Afford- you about Sarah Posekany of Cedar on benefits. The McConnell amendment able Care Act? Are we going to impose Falls, IA. sweeps that away. The law allows par- higher taxes on up to 4 million small She was diagnosed with Crohn’s dis- ents to keep adult children on their businesses that are eligible for health ease when she was 15 years old. During policies until age 26, as I spoke about care tax credits thanks to this new her first year of college, she ran into with Sarah. The McConnell amendment health reform law? complications from Crohn’s, which takes that away. I also want to rebut the extreme ide- forced her to drop classes in order to I want to briefly mention the de- ological attacks on the individual man- heal from multiple surgeries. Because structive impacts the McConnell date in the new law. Republicans claim she was no longer a full-time student, amendment would have on my State of that this is somehow an assault on her parents’ private insurance com- Iowa. One, it would raise taxes on more freedom. Let’s look at it another way. pany terminated her coverage, and 4 than 260,000 Iowans by taking away tax It is certainly an assault on an indi- years later, she found herself—are you credits to help them purchase health vidual American’s freedoms when ready for this—$180,000 in debt, and was care coverage. More than 8,300 young someone goes without insurance and forced to declare bankruptcy. Sarah adults would lose their insurance cov- they show up in the emergency room was able to complete one semester at erage on their parents’ health plans. and they stick other Americans with Hawkeye Community College but could Tens of thousands of Iowa seniors their emergency room bill. How about not afford to continue. Because of her would face higher prescription drug that freedom? Shouldn’t I be free, earlier bankruptcy, every bank she ap- prices and once again have to pay a shouldn’t you be free, from having to plied to for student loans turned her copay for preventive services, such as pay for someone because they did not down. colonoscopies and mammograms, have insurance and they show up at the With the new health law, people like which now they can get without a emergency room, which is the most ex- Sarah will be able to stay on their par- copay. And, of course, the 1.9 million pensive form of health care, and now ents’ health insurance until they are Iowans with private coverage would we have got to pay the bill? What age 26. This is a real person. This is a once again be vulnerable to a whole about that freedom? real story. These are real people. So range of abuses and discriminatory The individual mandate is just com- they want to repeal this? They want to practices by the health insurance in- mon sense, and that is why so many tell Sarah: Sorry, we cannot help you dustry, like cutting you off if you get Republicans supported it in the past. any, and we cannot help other young breast cancer or putting a lifetime cap Senator John Chafee’s reform bill in people like you stay on their parent’s on it or an annual cap. the early 1990s included an individual policies until they are age 26. In addition, I want to mention that mandate. It was supported by a number We can consider the case of Eleanor the new health care reform law dra- of Republicans, some of whom are still Pierce, also of Cedar Falls, IA. When matically remedies the discrimination here. Republican Senator GRASSLEY, her job with a local company was against Iowa, my State, and a number my colleague from Iowa, Senator eliminated, she lost her health insur- of other States in terms of Medicare re- HATCH, Senator LUGAR, all supported ance. She had the option of purchasing imbursement. that individual mandate. More re- COBRA insurance, but it was com- A little background. Under a very cently, the original Wyden-Bennett pletely unaffordable. So she searched complicated Medicare formula, doctors bill—that is Senator Bennett, a Repub- for coverage on the private individual in Iowa and a number of States were lican from Utah—included an indi- market and was almost universally de- paid less for their services than their vidual mandate. It was supported by nied access because of a preexisting colleagues elsewhere for the same serv- Senators ALEXANDER, CRAPO, CORKER, condition of high blood pressure. The ice. Under the formula, for example, and GRASSLEY. plans that would cover her came with Iowa physicians are reimbursed less As we all know, the individual man- premiums that she could not hope to than doctors in Louisiana for the same date was a critical piece of Republican afford without an income. So Eleanor, procedure. Governor Mitch Romney’s health re- at age 26, suffering from high blood As part of the new health care reform form in Massachusetts. As I said, it is pressure, had no choice but to go with- bill, I joined with Congressman BRUCE just common sense. By eliminating out insurance and hope for the best. BRALEY, Congressman LEONARD BOS- free riders and putting everyone in the ‘‘Hope for the best’’ is no substitute for WELL, and Congressman DAVE risk pool, we keep rates down for ev- regular medical care. One year later, LOEBSACK on the House side to nego- eryone, and it is the only way that peo- Eleanor suffered a massive heart at- tiate a compromise that provides an ple with preexisting conditions are not tack. When all was said and done, she immediate $800 million to address geo- left out in the cold. had racked up $60,000 in medical debts. graphic disparities for both doctors and So it comes down to this, as we So real people, real problems, and real hospitals, as well as written guarantees learned—I was watching in the last few solutions. from Health and Human Services Sec- weeks the HBO series, now on DVD— We need to get beyond the ideolog- retary Sebelius for further action to re- about John Adams. What the early ical obsession and listen to ordinary form Medicare reimbursement rates. colonists finally realized is that they Americans, victims of the old broken This great achievement is wiped out if could enhance their freedom, they sick care system. Americans have a the McConnell amendment passes. would have more freedom, if they stuck clear message: The new law has impor- In addition, thanks to the new law, together, if they worked together, if tant new benefits and protections; do midsized hospitals in Iowa—we call they joined together. not take those protections away. Near- them the so-called tweeners. They are The same is true here in health re- ly half of nonelderly Americans have not big enough to have economies of form. When everyone is covered and no some type of preexisting condition scale. They are not small enough to be one is left out, we enhance an individ- such as high blood pressure, arthritis, put into the small-hospital category.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00022 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S453 They are sort of in between, but they in stone for all eternity. It is a law. We Under changes expected to be finalized are important providers of health care pass laws. No laws are perfect, and later this month, reimbursement for Medi- to so many communities in Iowa and sometimes you have to make changes. care services would increase payments to St. other States around the Nation. Well, We make changes in laws all the time. Luke’s Hospital by $794,841 and to Mercy Medical Center by $584,883. In Iowa City, the thanks to the new law, we will see We are about to make a change in part University of Iowa Hospitals and Clinics greater Medicare reimbursement to of the health care reform law now deal- could see an increase of $2.3 million in 2011 these midsized hospitals in Iowa and ing with small businesses. Fine. These and Mercy Hospital could get a $509,898 other States. The 2-year fix will cover things need to be adjusted and worked boost. fiscal years 2011 and 2012. It will aid on as we go ahead. They should be done At the same time, a rule change on reim- these low-volume hospitals, some of in a nonideological and hopefully bi- bursement to doctors could boost their Medi- which have struggled to keep their partisan fashion. But to propose that care payments by 5 percent beginning next we repeal everything—everything; re- year. doors open. The fix was included in the ‘‘This will mean a great deal to Iowa hos- new health care reform law, the Afford- peal it—makes no sense. pitals that have been struggling for many able Care Act. Let’s move forward to build a re- years,’’ according to 1st District Rep. Bruce At the heart of the reform mission formed health care system that works Braley, a Waterloo Democrat. He is part of a was an effort to decrease the number of not only for the healthy and the group of U.S. House members who have uninsured and increase access—ac- wealthy but for all Americans. sought to move Medicare away from pay- cess—to affordable care. The law does Mr. President, I mentioned in my re- ment plans that resulted in geographic dis- just that and will ensure every Iowan marks about how we had changed the parities that ‘‘punished health care providers law for Medicare reimbursement to in Iowa that provide high-quality care and access to quality health care, which get low reimbursement rates.’’ these midsized community hospitals benefit certain Iowa hospitals, and be- cause of that, many of the hospitals in provide. Again, that goes away if the REIMBURSEMENT TO IOWA HOSPITALS UNDER PROPOSED Iowa were going to get a bump up in McConnell amendment prevails. We MEDICARE RULES fought very hard to get that com- their payments this year. I have a promise to protect these tweener hos- chart here. I did not have time to get Hospital County 2011 Payment it put on a poster. For example, St. pitals—wiped out by the McConnell Marshalltown Medical & Sur- Marshall ...... 164,967 amendment. Luke’s Hospital in Cedar Rapids will gical Center. get an additional payment this year of St. Anthony Regional Hospital Carroll ...... 104,979 Finally, I want to mention the many Unity Hospital ...... Muscatine ...... 74,985 millions of Americans who will be de- $794,841—this year. That will be taken Trinity Regional Medical Cen- Webster ...... 434,913 away by the McConnell amendment, by ter. nied health coverage if the McConnell Iowa Lutheran Hospital ...... Polk ...... 479,904 amendment passes. The Republicans the way. Trinity Regional Medical Cen- Mercy Hospital ...... Johnson ...... 509,898 ter, in Webster County, will get $434,913 Mary Greeley Medical Center .. Story ...... 479,904 apparently reckon that middle-class Skiff Medical Center ...... Jasper ...... 104,979 Americans who already have health in- additional this year, taken away by the St. Lukes Hospital ...... Linn ...... 794,841 McConnell amendment. Mercy Medical University of Iowa Hospital & Johnson ...... 2,399,520 surance do not care about those who Clinics. are not so fortunate. I could not dis- Center will get $584,883, in Iowa City, Mercy Medical Center—North Cerrogordo ...... 1,004,799 taken away by the McConnell amend- Iowa. agree more strongly. I believe Ameri- Mercy Medical Center—Cedar Linn ...... 584,883 cans do care about the uninsured, and ment. We worked hard to get these Rapids. they are well aware of the devastating payments to help these hospitals that Iowa Methodist Medical Cen- Polk ...... 1,709,658 are under duress and not able to serve ter. human costs of repeal. Nearly 45,000 Mercy Medical Center—Des Polk ...... 2,129,574 Americans die each year in part be- people who are in their communities. Moines. We are able to get this additional Broadlawns Medical Center ... Polk ...... 44,991 cause they do not have health insur- Spencer Municipal Hospital ... Clay ...... 164,967 ance. money to help them survive. Yet the Lakes Regional Healthcare ..... Dickinson ...... 74,985 McConnell amendment would take it St. Lukes Regional Medical Woodbury ...... 374,925 With the landmark law, we are ensur- Center. ing at long last that every member of all away. Grinnell Regional Medical Poweshiek ...... 89,982 Mr. President, I ask unanimous con- Center. our American family has access to Mercy Medical Center-Sioux Woodbury ...... 779,844 sent to have an article by James Q. quality, affordable health care as a City. Lynch that was in the Cedar Rapids Continuing Care Hospital at Iowa ...... Less than .0001% right and not a privilege—as a right St. Luke’s. Gazette and also a chart showing the and not a privilege. I believe the Amer- reimbursement to Iowa hospitals under Total ...... 12,507,499 ican people, even those who have good our new Medicare rules for 2011 printed private coverage understand—under- The PRESIDING OFFICER. The Sen- in the RECORD at the end of my re- stand deep down—that it is not right in marks. ator from Kentucky. our society for 30 million Americans to The PRESIDING OFFICER. Without Mr. PAUL. Mr. President, I ask unan- go without health insurance coverage objection, it is so ordered. imous consent that Senator ISAKSON be and the devastating effects it has on (See exhibit 1.) recognized to speak following my re- those individuals and their families Mr. HARKIN. Finally, I just say, for marks. when they do not have that health in- those of us in Iowa, in a small, rural The PRESIDING OFFICER. Is there surance coverage. So the American State, with a lot of midsized hospitals, objection? people are not going to allow the Re- with a lot of people uninsured—and Without objection, it is so ordered. publicans to take away this great hu- quite frankly, we are not in the upper Mr. PAUL. Mr. President, today we manitarian achievement. echelons of income in the United will vote on repealing President I urge my colleagues to oppose the States—for us this health care law pro- Obama’s Federal takeover of health McConnell amendment. It blows a huge vides immediate protections, imme- care. This vote will be not only to re- hole in the budget deficit. It destroys diate benefits, and promises even more peal the specifics of this legislation but hundreds of thousands of jobs. It re- benefits as we get to 2014 and beyond. to reassert that we operate under con- peals the Patients’ Bill of Rights, al- It would be a devastating blow to my stitutional restraint. lowing health insurers to return to the constituents in Iowa to have this When this bill first came up, many on same old abusive and discriminatory health care reform bill repealed. That the other side sniffed and were incred- practices. It revokes health insurance is why I so strenuously urge all my col- ulous that we would mention the Con- coverage for tens of millions of Ameri- leagues to oppose the McConnell stitution. Many on the other side said cans. Instead, let’s listen to those amendment. the Constitution—they really had not voices of the American people who Mr. President, I yield the floor. even comprehended that the question have cried out for so long—for so EXHIBIT 1 would be asked, ‘‘Where do you get the long—for health reform. Let’s get rid of MEDICARE REIMBURSEMENT CHANGES WILL authority under the Constitution to do the ideological obsessions. BENEFIT IOWA HOSPITALS, DOCTORS this?’’ Well, interestingly, we do still If there are things that need to be (By James Q. Lynch, July 1, 2010) operate in a society with constitu- fixed, we can fix them. I have said A proposed change in Medicare reimburse- tional restraint, and the courts have many times that the health reform law ment could increase payments to Corridor now decided that the commerce clause is not the Ten Commandments, written hospitals by more than $4 million next year. does not mean you can do anything.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00023 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S454 CONGRESSIONAL RECORD — SENATE February 2, 2011 The commerce clause, though, for the lems in health care. As a physician, I faith in government that government last 70 years has gotten larger and have seen some of the problems. But do has all the answers because govern- larger. I used to joke that you can you know what the No. 1 complaint I ment is notoriously inept and ineffi- drive a truck through it now, it is so got was? It was the expense of health cient at most of the things it does. big. I also used to joke that if my shoes insurance, the rising expenses. The I rise today to support the repeal of were made in Tennessee, they could Federal takeover of health care did the President’s takeover of health care. regulate my walking in Kentucky. nothing to that. In fact, it has already I hope the Democrats will reconsider. I The commerce clause—the expansive increased the expenses to those. You understand some of them are reconsid- definition and understanding of it—has see premiums rising. ering. been supplying no restraint to this But when you see problems, there are I yield back the remainder of my body. But I think this court case and I two directions to go. We had problems time. think this bill is about so much more in health care, but you could say: Do The PRESIDING OFFICER. The Sen- than health care. It is about whether we need more government or less gov- ator from Georgia. we live and operate with constitutional ernment? From my perspective as a Mr. ISAKSON. Mr. President, first of restraint of government. physician, I saw we already had too all, I commend the Senator from Ken- This has been going on for a long much government involvement in tucky, Mr. PAUL, for his remarks and time. It started with Wickard v. health care. I saw that what we had particularly his reference to the Con- Filburn back in the 1940s, where they going on limited competition. You stitution. When I read the decision of told a farmer he could not grow as need more competition in health care Judge Vinson in Florida, it read a lot much wheat as he wanted to. if you want to drive prices down. So like the CONGRESSIONAL RECORD of De- He wanted to grow 20 acres of wheat, you need to allow insurance to be sold cember 23 of last year when we were on and the government said: You can only across State lines. You need to allow the floor right before Christmas Eve grow 10 acres of wheat. competition in prices. debating whether to pass the Afford- He said: Why? One of the surgeries I did was LASIK able Care Act. Judge Vinson was clear They said: Well, because of the inter- surgery, where you correct someone’s and precise both on his ruling on the state commerce clause, we can tell you eyes so they do not have to wear glass- commerce clause as well as recognizing how much you are going to grow. es anymore. No insurance covers it, the necessary and proper clause nor the He said: Well, I am not going to sell and you would think: Well, gosh, general welfare clause can substantiate it to anybody. How am I engaged in maybe this body will get together and requiring people to make the decisions commerce? I am just going to feed it to force people to buy insurance for that the health care bill requires. my livestock. LASIK surgery. It is good. It is a great I am going to vote for the amend- They told him that by not selling it, thing. Well, do you know what. With- ment by Senator MCCONNELL to repeal he could indirectly affect the price of out government getting involved, com- the Affordable Care Act. I wish to re- wheat between the States. It was a lu- petition drove the prices down on peat the reasons I stated a year and a dicrous argument then, and it is a ludi- LASIK. So the prices were driven down half ago on the floor of the Senate as crous argument now. because the consumer was involved. to why I believe that. First of all, it My hope is that out of this case, as it The same way with contact lenses; you has little or nothing to do with afford- moves forward to the Supreme Court, can buy a contact lens for 4 bucks, able care, in my judgment, and we have maybe we will see a Court that takes a maybe 3 bucks. It used to be $20 or $30 seen in the 13 months since its passage step toward overturning Wickard v. a contact. Competition works. and the 9 months since its signing in- Filburn. I think that would be the So what we should have asked our- crease after increase in costs, both in most important case in the last 70 selves when we looked at this health terms of insurance premiums as well as years in the Supreme Court, if we do it. care debate is—yes, there are problems. the application of the law to the prac- Will we get there? I do not know. But Yes, we can agree portability was a tice of medicine. So it is not about af- listen to what the Founding Fathers problem. Yes, we can agree preexisting fordable care; it is about care going up said about this. Many people say: Oh, conditions were a problem. But we in its costs. the general welfare clause says we can should have said: Do these problems Secondly, if you look at the way in do this or the commerce clause says we exist because there is too much cap- which the bill ostensibly claimed it can do this. Madison wrote that we italism or too little capitalism? I paid for itself, it shot big holes in would not have enumerated these spe- would argue there is very little cap- America’s health care future, taking cific powers and given them to the Fed- italism at all. $500 billion out of Medicare to begin eral Government if we intended for I do cataract surgery also. Do you with, reducing the reimbursement al- there to be no restraint. know what. I charge the exact same most in its entirety for home health Recently, in the two Federal court price as every other doctor in my town, care which, in a State such as Georgia decisions, the judges made a point of every other doctor in the State, and with many rural people, is the primary saying that if you can regulate inac- every other doctor in the country be- way in which health care is delivered tivity—basically, the nonact of not cause the prices are set in Washington to them, and the assessment of taxes, buying insurance—then there is no as- by a central committee. That is not whether it be on hearing aids and med- pect to our lives that would be left free capitalism, and that is why health care ical devices or the 3.8-percent surtax from government regulation and intru- is broken. placed on earned income for those peo- sion. We need to get back to the fun- ple making more than $200,000 or fami- So I think this court case is incred- damentals, and we need to say: Why lies making $250,000. ibly important, more important even does capitalism work in nine-tenths of It is appropriate to start over, but by than the specifics of the health care the economy but doesn’t work in starting over it doesn’t mean we delay bill. There are many reasons we should health care? Well, maybe it is because dealing with the problems Americans have opposed the health care bill and we are not allowing capitalism to oper- face with their health care. It may still should, but really No. 1 among ate in health care. mean we, in fact, accelerate it beyond them is that we need to have a govern- Today’s vote on repeal is very impor- what this bill would have done if it is ment that operates under the Constitu- tant. There is great symbolism to this carried out to its entirety. tion and operates under a commerce because we have to say: Yes, we oper- When we had the meeting at the clause that was intended to promote ate as a body under the restraint of the Blair House a year and a half ago in free trade between the States and was Constitution, but there is also a mes- the middle of the health care debate, never intended to allow a government sage about economic systems. The when the President and the Democratic to grow so large and so invasive that it American economic system is cap- leadership sat down across the table could intrude into every nook and italism, and we should be proud of it. from the Republican leadership and for cranny of our economic lives. We should try to inject capitalism into 4 hours engaged in a discourse over the With regard to the specifics of the more enterprises and not less cap- differences in the two ideas, it became health care bill, there were some prob- italism. We should not have such great quite clear what the majority wanted

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00024 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S455 to do. They wanted to change the para- State I heard a resounding plea to and senators, an innovative plan that digm and put the government in charge overturn the costly and intrusive addressed the real problem of low-in- of health care in America. health care law that was passed by this come Hoosiers not qualifying for other That is why every provision in the last Congress and signed into law by support. This plan put in place a pro- bill, from the fines for not buying in- the President. posal for health savings accounts. The surance to the provisions of reimburse- The issue for these people was not program has been so popular that it ment, drives government to be the de- whether we needed to address issues of now includes more than 50,000 partici- cisionmaker and the controller, just as health care, whether it was quality, pants. the distinguished Senator from Ken- cost-effectiveness, or access; the issues Unfortunately, as a result of the tucky talked about the price of health for them were two things: One, they re- health care law, the State may need to care today. The price of health care be- sented the process where a massive terminate the Healthy Indiana Plan gins and ends with the assessment of bill, which many did not fully under- and place its participants into Med- reimbursement made in Washington, stand or grasp the implications of, was icaid. This is just one example of a pro- DC. forced through these Chambers and vision of law enacted at a Federal level So, No. 1, we do need to change the passed hours before Christmas. The that denies units of government— paradigm and get back to a capital- rules were bent to try to move the bill States, localities, and others—from in- istic-type system and a competitive through the process, and it became a novating and bringing about sensible, system. For example, repealing the policy which was not supported on a bi- market-based solutions to problems barrier on interstate sales of health in- partisan basis but yet a policy that af- they face. surance and having a national market- fected virtually every American. The one-size-fits-all Federal health place. Allow affiliated groups or simi- If experience tells us anything, it is care law basically says to those States lar groups to join together and com- that massive changes in policy need bi- and those innovators: No, we know bet- pete across State lines as a larger risk partisan support to be acceptable if ter. We will tell you what to do regard- pool like independent contractors, like they are going to be effective. The ma- less of what the cost is or regardless of the profession I came from, real estate jority of people I spoke to about the how effective your program is. Our agents, who are not employees, who health care plan that is now in place Governor had negotiated savings for don’t have the benefits of ERISA cov- believe it is fatally flawed and needs to prescription drugs for low-income re- erage but bound together could com- be repealed so we can start over with a cipients, but this law prevents that pete with IBM or any other company in much more cost-effective, efficient, af- type of innovation and progress made buying insurance as a group with a fordable health care plan. on the state level. large enough risk pool to reduce the Those who have listened to the peo- If we do not repeal the health care cost of their premiums and raise their ple express their views on this par- law, Hoosier taxpayers will bear a coverage. ticular issue have come to the conclu- heavy burden. The law will force Indi- It is very important to realize that sion that their voices were not heard, ana to expand Medicaid, enrolling ap- the real solution to health care, both as they expressed throughout the delib- proximately one of every four citizens in terms of its costs as well as a eration of this; that Congress wasn’t in the program. According to an actu- healthy America in the future, is the hearing what they were saying. The re- arial analysis by the Indianapolis- way we practice wellness and disease sults of November—I think with this based Milliman, Inc., Indiana will have management. Those are the types of issue being central to the election— to absorb an estimated $3.6 billion in programs we can then begin to ratified that. So I urge my colleagues new costs over the next decade if the incentivize now to raise them in their in the Senate to listen to the American 1.5 million eligible Hoosiers enroll in practice and lowering in the outyears people and repeal the law that is before Medicaid, which they may under this the cost of health care and begin to get us, a health care law that raises taxes, plan. That burden is passed on to Hoo- our arms around what is right now a penalizes businesses, straps States with sier taxpayers, and our State, frankly, spiraling contributor to the deficit and costly mandates, and increases pre- cannot afford to do that. to the debt. miums for American families. The report also predicts that Indiana But most importantly of all, the fact Recent polls show a significant ma- would have to spend more than $300 that over 70 waivers have been issued jority of Americans want the Presi- million on new administrative costs by Health and Human Services already dent’s health care law to be repealed, alone. So with States already facing is proof the bill is flawed, and it is and they want Congress to start over budget cuts, there is no doubt these proof its continuation up until its be- and put together a plan which does not costs will either be passed on to tax- ginning in 2014 is going to be nothing cost the taxpayers a lot of money and payers or the State will opt out of the more than making other exceptions for will not provide the access and the care plan and turn people over to the ex- other groups for trying to make a bill and the quality Americans are looking changes and to the control of the Fed- that is designed to fail work. It won’t for. eral Government. happen. It should be repealed. We know more than half the States, If we don’t repeal the health care I commend the leader on his amend- including my State of Indiana, have law, Hoosiers will see a decrease in the ment, and I will vote for it this after- joined in lawsuits challenging provi- quality of service of care. I met with noon. sions of the constitutionality of the physicians, health care providers, and I yield the remainder of my time. law that will be settled by the Supreme hospital administrators at sites all The PRESIDING OFFICER. The Sen- Court in due time. But I believe we across the State. I heard a very com- ator from Indiana. must take this opportunity now to mon concern: The new law will jeop- Mr. COATS. Mr. President, it was my overturn the law and start over. ardize the quality of care for patients. understanding that another member of Let me address some of the con- The health care plan cuts reimburse- the Democratic Party was going to sequences to my State of Indiana and ment dollars for hospitals and pro- speak at this time, but not seeing him, to Hoosiers if we do not repeal the cur- viders at a time when they can least af- I think I will just go ahead and deliver rent health care law. Hoosier families ford it. These cuts simply exacerbate my presentation. will clearly face higher premiums. the dire shortage of doctors and nurses As a candidate for the Senate during Nonpartisan budget experts from the and will result in less advanced care for this past year, I met with many Hoo- Congressional Budget Office reported people in need, less personal attention sier families and small business own- that individual health insurance pre- from providers, and fewer choices for ers, as well as health care providers, miums will increase by $2,100 per fam- patients. patients, doctors, and all those in- ily as a result of this new law. If we do If we do not repeal the health care volved with concerns about where this not repeal the health care law, 50,000 law, Hoosier businesses will suffer. The health care process was going to go. low-income Hoosiers will be dropped President’s health care overhaul hits Everywhere I went, from Lake County from the Healthy Indiana Plan. This our job creators with harmful man- to Fort Wayne to Indianapolis, Muncie, was the plan implemented by our Gov- dates and regulations, mountains of pa- and down to Evansville—all across the ernor and our State representatives perwork, and countless taxes. The new

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This is a viduals in control of their own health If I heard one thing more than any company, along with Biomet, Zimmer, care decisions is critical to addressing other thing from business owners, it and other medical device companies, the next bill we take up. was that this law will drive them to that had the deep pockets because they Let’s take this opportunity now and make employment decisions that are were producing products that the world listen to the patients, listen to the adverse to the benefit of those seeking wanted to buy. They were one of our health care providers, the physicians employment. Companies that were in export leaders, and because they were and listen to the job creators and small the 45-to-50 range of employees, or even making profits at a time when the Fed- business owners and then let’s listen to less, have basically said if the choice eral Government was looking for the American people who sent us here comes down to whether to hire new em- money to pay for other aspects of the to represent them. Let’s repeal this law ployees or whether to outsource or health care plan, they simply added a and let’s start over. whether to use technology to replace 2.3-percent sales tax on the devices, to I yield the floor. those employees, they will do so to pre- a total of about $20 billion. The PRESIDING OFFICER. The Sen- vent going over 50 employees and being The health care law devastates Indi- ator from Florida is recognized. forced to offer insurance or pay a pen- ana businesses. At a time when nearly Mr. NELSON of Florida. Mr. Presi- alty. 1 out of every 10 individuals today in dent, it seems to me that what we An arbitrary line drawn at 50 basi- Indiana is looking for a job, Congress ought to be doing with regard to this cally puts the job creators of this coun- should be focused on a way to encour- law is fixing it instead of repealing it. try—the small- and medium-sized busi- age private sector growth and job cre- We ought to be focusing on fixing it in- nesses—in the position of having to de- ation, not stifle it. stead of focusing on repeal. Already, cide whether to take on the mandated Our health care system in America unanimously, it seems, people have tax burden of the Federal Government has problems, but restructuring it with embraced different parts of this law as or simply not go forward and hire over a one-size-fits-all, government-run plan certainly necessary. You could go down that particular limit, forcing them to that increases taxes, raises premiums, the list. Twenty-six-year-olds can now find other ways to produce their prod- and hits businesses with penalties is stay on their parents’ health insurance uct without added employment. not the right thing to do. policies. Health insurance companies At a time when we are facing 9-plus— Congress needs to repeal the current can’t go off spending all kinds of nearly 10 percent in many areas—un- law and start over with a step-by-step money on all kinds of jet airplanes and employment, putting a law into place approach that reduces the sky- vacations. They have to deliver, on on a nationwide basis that discourages rocketing costs of care. large group insurance policies, 85 cents businesses from hiring is simply the Listening to Hoosiers over this past of health care out of the $1 of premium wrong thing to do. year, I created a list of 10 priorities paid—85 percent. Other businesses may find it more that Congress, I believe, should focus Then, of course, you can’t have a cost effective—and many have told me on when we start over on health care: health insurance company cancel you they would drop workers from their One, allow competition to cross State in the middle of your coverage. Who in health insurance plan and pay the fine lines. We need to improve access and the world would not embrace this in instead. Turtle Top, a shuttle bus the quality of care by increasing com- the law; that is, you can’t have some maker located in New Paris, IN, found petition and allowing consumers to silly kind of reason that you are not that dropping health care coverage for purchase health insurance across State going to give health insurance to a pa- employees and paying the Federal pen- lines. tient because they had a preexisting alty would generate a savings in the Encourage innovation. I talked about condition when, in fact, they had a six-figure range for the company. That the innovation taken away from our skin rash, and that is an excuse. is a story repeated over and over. The State through this law. There is a lot in this law that is good, law dictates that it financially benefits Eliminate frivolous lawsuits and in- not the least of which is that there are some companies to drop their insur- clude liability reform. Passing a health 35 million people out of the 45 million ance plans and shift coverage for em- care bill without liability reform part who are uninsured in this country who, ployees over to the Federal taxpayer. of it—when all of us know defensive come 2014, will have private insurance, In fact, the administration’s own es- medicine is forced upon doctors and private exchanges, called health insur- timates revealed that more than 6,000 providers at hospitals through frivo- ance exchanges, in each State, to pages of regulations mandated by the lous lawsuits and without a sensible which they can go and shop for health law could force half of all employers— process of providing for those who insurance. If they can’t afford it be- as many as 80 percent of small busi- clearly are victims of malpractice—un- cause they are somewhere between nesses—to give up their current health dermined the credibility of what Con- that and the rate at which they are eli- care coverage within the next 2 years. gress was trying to do and what the gible for Medicaid or they are up to 400 One burdensome regulation is the American people and the health care percent of the poverty level for a fam- 1099 provision. I believe we are going to providers were looking for. ily of four, they will have some assist- vote on that amendment, and I hope it Improving Medicaid and the SCHIP ance from the Federal Government so passes. This is one of the many egre- program. they can purchase that private enter- gious, unexpected consequences of Allowing for the immediate creation prise exchange insurance. If you can pushing a law through without fully of association health plans for small bring 35 million people into the health understanding the law or the implica- businesses. insurance system, what happens to it? tions of the law. Rather than beginning Incentivizing and rewarding healthy If they have health insurance, they a piecemeal approach to de-construct lifestyles. start getting preventive care. That this approximately 2,100-page bill, I be- Expanding health savings accounts, means you avoid what happens now, lieve it is expeditious for us to repeal not reducing them. which is they don’t have health insur- and start over. Advancing the use of electronic med- ance, they avoid going to the doctor The medical device tax particularly ical records, while retaining privacy. because they can’t afford it, and they impacts my State. It adds a 2.3-percent Increasing cost transparency. wait until the health problem turns sales tax on medical devices. This is an Retaining our promises to our mili- into an emergency. Where do they end industry in the State of Indiana that tary personnel veterans and their eligi- up? They end up in the emergency probably is one of our top manufactur- ble family members. room, which is the most expensive ers, is making a profit, and is hiring Those are all components of the more place now, with a full-blown emer- people. Yet it will be arbitrarily taxed detailed plan I outlined this past year gency, and the laws of the 50 States re- as a way of helping to pay for the cost in Indiana. quire the emergency rooms to treat

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00026 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S457 those people. Guess what. Who pays? a commonsense approach on this reso- requires that every American citizen All the rest of us pay. lution. I urge my colleagues to adopt purchase health insurance coverage. So if you can bring 35 million people it. Those who fail to buy health insurance out of the 40-some million uninsured Mr. President, I see no one else is on that meets the minimum requirements Americans into the health insurance the floor seeking recognition. I will are subject to financial penalties. system, you bring down the per-unit just add that another commonsense Two weeks ago, I received an e-mail cost that all the rest of us pay, which component in this law that certainly message from Tommy Felt, a Boy is tacked onto the health insurance means don’t repeal it is the assistance Scout in Las Vegas. This is a picture of premiums we pay. Because when the that is given to senior citizens. Tommy. He is 12 years old. He attends hospital picks up the tab, who do you That assistance is in the form of help Molasky Junior High School, and he is think pays? It is distributed right out with the cost of their prescription working to earn his Citizenship in the to the health insurance system, and drugs. The Congress passed, and it was Nation Merit Badge. the rest of us end up paying. So there signed into law years ago, a prescrip- Tommy’s e-mail stated: is a lot of good in here. What we ought tion drug benefit, but that benefit was I’m really concerned that the bill will to do is fix it. We should not repeal it. only partially assisted by the Federal damage our country. I think it is unconstitu- There is another issue that has arisen Government, and senior citizens had to tional for the government to force citizens to in this great debate we are having, pick up a big part of the tab. This law buy health coverage. Also, I believe that the which is of historic proportions, on closes a lot of that gap, what is com- hidden costs in this bill will drive our coun- try much deeper into debt. My dad says that what is going to happen to this law monly referred to as the doughnut hole. We do not want to take that away this bill will lead to the elimination of Sen- that was passed in this body by a 60- ior Dimensions and Medicare Advantage vote margin. What has happened is from senior citizens. I certainly think plans for our seniors. that is going to stand the constitu- there have been a lot of lawsuits filed. I wish that more than half of my col- tional muster. In two cases, Federal district judges leagues would heed the words of this There is another part of this law that have ruled the law is constitutional. In young 12-year-old. is so beneficial as well, and that is, are two other cases, Federal district I could not agree with Tommy more. we not concerned about the deficit, are judges—this is the lower court of the I, too, am also concerned that this we not concerned about how we are Federal court system—have ruled it is health reform law will destroy our going to get our country back on a not constitutional. Of course, we have health system in our country. I am road toward balance of our deficit so had action by the legislative branch, also concerned about the unprece- that we have a balanced budget? What the other House, the House of Rep- dented overreach of the government’s this law does, which seems to me com- resentatives, which has voted to repeal demand that every American purchase mon sense that you do not want to re- the law. Now here we are with the issue health insurance just because they live peal it, it saves the Federal Govern- in front of us on which we will vote in America. later today. ment, according to the Congressional A judge in Florida, as we have all Well, doesn’t anybody conclude that Budget Office, a nonpartisan, highly heard, ruled that the entire health care this matter is going to the Supreme technical economic team, $250 billion law is unconstitutional. Let’s ask the Court to decide if this law is constitu- over the next 10 years and in the sec- question, Is it really Constitutional for tional? When the Supreme Court de- ond 10-year period would save up to $1.2 the government to tell all Americans cides, regardless of what we have done trillion to the Federal Government. they must buy health insurance cov- There are plenty of reasons that we or what we haven’t done, the Supreme erage? What is next? What personal lib- ought to fix it instead of repealing it. I Court decision is going to discard polit- erty or property will the Congress seek urge my colleagues—and I see my dear ical and partisan interests. So isn’t it to take away from Americans next? friend from the State of Nevada came in our commonsense interest if we Will the government mandate what in. Before he came in, I had urged us to would come here and join together in a cars we are allowed to drive or what consider a sense-of-the-Congress reso- resolution to petition the Supreme food we feed our children? Where do we lution to have an expedited appeal to Court to have an expedited review of draw the line? Or will we even draw one the U.S. Supreme Court. this case? at all? Mr. President, I yield the floor. Typically, what happens with these After all, the Constitution is about Mr. ENSIGN. I suggest the absence of two for and two against, that will work enumerated powers, the specific powers its way up through the court of ap- a quorum. The PRESIDING OFFICER. The given to the Congress. This bill blows peals, and that will take another year, clerk will call the roll. the lid off those enumerated powers. year and a half, and then it will get to The legislative clerk proceeded to I have spoken at length about the un- the Supreme Court. That will take an- call the roll. constitutional provision and even other year, year and a half. Why don’t Mr. ENSIGN. Mr. President, I ask raised a Constitutional Point of Order we expedite the matter? Why don’t we unanimous consent that the order for before the Senate voted to pass this re- express our intent to have an expedited the quorum call be rescinded. form bill. review by the Supreme Court? The PRESIDING OFFICER. Without As I previously mentioned, earlier I have filed such a sense of the Con- objection, it is so ordered. this week, a Florida judge ruled the in- gress—a resolution—and its passage The Senator is recognized. dividual mandate unconstitutional and might prevent people from arguing Mr. ENSIGN. Mr. President, I rise even went so far as to say that the back and forth over this law for the today in support of the amendment of- whole bill is unconstitutional because next several years. Everybody in this fered by the Republican leader to re- the mandate cannot be separated out. country that will be affected would peal what I believe is an unconstitu- In December 2010, a Federal judge in have an answer, and they deserve an tional government takeover of our Virginia also struck down the indi- answer. Therefore, I urge the Senate to health care system. Make no mistake, vidual mandate as unconstitutional. consider adopting the resolution ask- we all want to improve access to af- We know it could take several years ing the Supreme Court to step in and fordable health insurance for all Amer- for this case to reach the Supreme decide quickly whether the current law icans, including those individuals with Court of the United States. My good meets the constitutional test. preexisting conditions. Unfortunately, friend from Florida, Senator NELSON, My preference is that we fix the law, this health reform law is not the right talked about expediting that proce- that we not throw it out. I don’t want prescription. dure—which makes a lot of sense—so to go back to the days of the insurance Over the past year, I have spoken that we do not have to wait several companies dropping people because with tens of thousands of Nevadans years for the Supreme Court to reach they get sick or depriving seniors of about this bill. They were very clear its decision. The administration should help getting their prescription drugs. when they said that this law is not the ask for that. The administration has But because the matter ultimately is cure for our broken health care system. the right to bypass the Court of Ap- going to be resolved by the Nation’s This law imposes new burdens on peals and go directly to the Supreme highest Court, I think we ought to take most Nevadans and most Americans. It Court. In the meantime, because it

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00027 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S458 CONGRESSIONAL RECORD — SENATE February 2, 2011 may take several years, we should act with are already seeing increases this we can find out what is in it. We may to repeal this law before we begin to year around 15 to 30 percent. A few of be able to find out what is in the bill if suffer under its tyranny. the small businesses are seeing in- you are able to understand it when you Now, going back to Tommy. His e- creases around 8 or 9 percent, but most get through reading it all. I wonder mail addresses the significant costs as- of them are in the 15- to 30-percent how many people in this body have sociated with this health reform bill. range. read not only the legislation but the Tommy has every right to be con- In my State, unfortunately, about 70 rules regulations. It is absolutely cerned. In fact, every American should percent of all the health plans provided daunting. be concerned. Spending in this country by businesses will not meet the min- This health care reform bill is an has continued to spiral out-of-control. imum requirements that will be man- over 2,700-page bill full of new taxes on The health reform law is only adding dated by the government starting in Americans, funding cuts for programs to our financial demise. Unless we re- 2014. they rely on, and raised premiums, peal it, the law will further exacerbate In Tommy’s e-mail to me, he also which is why we should be repealing the cost of health care, explode our def- mentioned Medicare Advantage. There this bill. Instead of doing so, however, icit and debt, and forever alter the re- are more than 100,000 Nevada seniors this administration is granting special lationship between the government and who choose a Medicare Advantage plan. waivers to various provisions in this the American people. These Nevadans are not better off be- law. These waivers are basically excep- We hear from the other side that this cause of this reform. Their extra bene- tions to the rules, and they allow orga- bill is going to reduce the deficit be- fits actually will be reduced by more nizations to circumvent the standards cause there are $500 billion in cuts to than half. required in this health reform law. If Medicare as well as tax increases. By This bill does not help middle-income waivers are needed, isn’t that proof the the way, the Congress could repeal workers in Nevada either. Our hard- health care reform bill is problematic? those cuts in Medicare and often does. working hotel housekeepers, casino Isn’t it proof this health care reform The other side also used fuzzy math restaurant workers, airline workers, bill isn’t working, or are special inter- when this bill was being debated. A lot teachers, and police officers now look est waivers a greater priority than the of the savings in Medicare were count- forward to collectively sharing the bur- plight of the American people? It is in- ed twice. That is why a study by the den of the $200 billion tax on health in- teresting to me that some of the big- Republican side of the Senate Budget surance holders. gest supporters of this law have been Committee said that this bill would ac- Many American workers will pay for working behind the scenes so they can tually increase the deficit in the first new taxes and penalties with reduced obtain special waivers to get out of 10 years by $700 billion. wages and lost jobs. Oh, and by the complying with this law so that they Let’s have some common sense. Do way, there are also new taxes on pre- will not be held to the same standards you think you can increase the Med- scription drugs, clinical lab work, and as businesses in Nevada. icaid rolls by 16 million people in medical devices that will also get Nevadans are not behind this bill. America and actually cut costs? Does passed on to the American people. The American people are not behind that make sense to anyone? Increase Simply put, I believe this health care this bill. But there is no doubt that we the Medicaid rolls, which are paid by bill is a job killer. My State cannot af- need to improve health care in the the Federal Government and the ford to lose more jobs. We have 14.5 United States. What is the primary States, and then say we are actually percent unemployment in my State, problem with health care in the United going to decrease the deficit? That de- and 9.4 or 9.6 percent across the Nation. States? The new Senator from Ken- fies common sense. We cannot afford to lose more jobs. tucky said it best: It is too expensive Many small business owners in my I am sure many of us have heard the to buy health insurance in the United State have already seen a dramatic in- phrase that the devil is in the details. States. This bill does nothing but make crease in their health insurance pre- Truer words could not be spoken when that problem worse. The people of this country did not miums. This bill was supposed to bring talking about this health care reform sign up for the kind of change that down costs. It is doing exactly the op- bill. brings with it billions of dollars in new posite. We know when Democrats passed this taxes and a potential loss of their cur- I have met with many companies legislation that they gave enormous rent insurance coverage or the choice across our State. At least three large discretion to the Secretary of Health to decide which coverage they have. companies I’ve met with tell me they and Human Services. But I do not The American people don’t want a bu- are considering, because of the costs, think any of us could have fathomed reaucrat coming between them and dropping their health insurance and that the 2,000-page bill would generate their doctor. paying the $2,000 fine per employee. It potentially up to 20,000 new pages and Now, turning my attention back to makes sense to them. They can pay regulations. taxes just for a moment, this bill alone their employees a little stipend, they I have printed off many of the rules ensures that hard-working Americans can put their employees on the govern- and regulations as well as the bill hand over even more of their pay- ment system, and they are money itself. Look at the size of this stack, checks each month to the government. ahead. and they are not even close to being It is funny how reforming health care With businesses struggling just to done writing all the regulations. I chal- means more money for Uncle Sam. make it today, this decision could be lenge any company or any American to There is a new surtax on investment the difference between staying in busi- try to understand this bill and its regu- income—which, yes, does include a ness or not. They are looking at huge lations. It is virtually impossible. It gain on home sales—which has many increases in their premiums, or paying takes a team of lawyers and health Nevadans infuriated. the fine and putting people on the gov- care experts to even come close to un- There are new limits on the use of ernment system. That is one of the rea- derstanding all the implications of this flexible spending accounts, which con- sons I think this bill is going to mas- bill. cerns many Nevadans who use these ac- sively increase the Federal debt. According to my staff’s calculations, counts to fund exceptional medical This law does not help the typical so far there are about 6,200 pages of costs, even though President Obama Nevada family who purchases insur- regulations. As I mentioned before, promised that people could keep their ance in the individual market either. this could go to at least 20,000 pages. It current health care plans. In fact, in traveling the State, I met is safe to say that the devil is in the There is also a new tax on certain with Nevadans who are already seeing details with this health bill. employer-provided health care—the so- increases in their premiums. Those The American people are going to called Cadillac plans. There are taxes who purchase insurance plans in the in- learn more about the unintended con- on drug companies, medical devices, in- dividual market could see a 10- to 13- sequences of this legislation as more door tanning services, and the onerous percent increase in their premiums be- and more of these regulations roll out. 1099 reporting requirements for small cause of this bill. But some of the Remember last year when NANCY businesses that, apparently, even small businesses that I have talked PELOSI said, We have to pass the bill so President Obama opposes now.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00028 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S459 President Obama said in his State of come. I believe we should work to- is that talking about deficit reduction the Union Address that we need to fix gether—not as Republicans, not as is a lot easier than doing it. That fact parts of the bill that need fixing and Democrats—as Americans to address is evidenced by the amendment my move forward. Well, I believe this the primary problem in health care in friend, the leader from Kentucky, will whole bill needs fixing. So let’s repeal this country: the cost. It is critical for offer. That is why a budget point of it and replace it with real health care the future competitiveness of Amer- order is the appropriate response, and reform that actually attacks cost, the ican business, and it is incredibly im- that is why this will be defeated rather No. 1 problem in health care in the portant for the quality of health care handily. United States. We can go back to the and for the future of our citizens as In later days maybe my colleagues drawing board, take the best ideas well. will come up with parts of the bill they from both sides of the aisle, and put to- Mr. President, I yield the floor. wish to change. We will be open to it. gether a health reform bill that will The PRESIDING OFFICER (Mr. Today Senator STABENOW is offering an take us into the future. BEGICH). The Senator from New York. amendment to change the 1099 section Republicans have come up with many Mr. SCHUMER. Mr. President, I rise of the law. She has worked with people ideas on ways to fix the Nation’s bro- in strong, vehement opposition to the on both sides of the aisle. I know Sen- ken health care system. The answer is amendment offered by the minority ator JOHANNS has been a leader, the Re- not unbearable taxes, unsustainable leader, Senator MCCONNELL, to repeal publican from Nebraska. We are going growth of the government, or paying the health care reform law. to pass that today. So the idea that we First, I would say to my good friend for a brandnew entitlement program. are unwilling to change any part of from Nevada, yes, we would like to Those aren’t the qualities of com- this law is belied by what we are doing work together to further reduce costs, prehensive health reform. They are the on the Senate floor. but this bill does reduce costs signifi- qualities of a terrible policy that will We want to work together. But some- cantly. The CBO has said in no uncer- lead to devastating results for Ameri- how, when we get a repeal amend- tain terms that repeal would balloon cans and our health care system, which ment—repeal the whole thing, no sub- the deficit by $230 billion in the first is the best in the world. There is a bet- stitute, no answer to how to deal with decade and more than $1 trillion in the ter way. It will take time, but if we can the debt—one wonders what this repeal second decade. That is because the law change the way Americans think about is all about. smokes out a good deal of the waste, health care, then we can create a bet- Furthermore, why is the American the inefficiency, and the duplication ter system. public becoming more favorable to this that we all know is part of our system. Imagine a system where Americans That is the place where we have to law as we go through this debate? That get to keep their choices in health care continue to work together. Our coun- is what the polling data has shown. and where they are allowed to buy in- try delivers the best health care in the Well, I would give two reasons. First, surance across State lines. Imagine a world, but it is also the most ineffi- many of the horrors that were bandied system where there is transparency, cient. We spend 17 percent of our GDP about as the law was being put to- where you know how much your doc- on health care. The next highest spend- gether are proving not to be true. tor’s visit will cost and how much your ing country is only 10 percent. Under I will never forget that last summer surgery will be. Ask yourself: When the reformed law, we will begin the someone came to me, a gentleman was the last time you went to a doc- first large step in keeping quality care from Long Island, and he said: Senator tor’s office and got a written estimate? but getting costs under control. SCHUMER, I am a Democrat. I have In this third-party payer system we If my colleagues on the other side of voted for you in every election, but I have, where someone else is paying the the aisle said: You know, you are right; am not going to vote for you again. bill and you are receiving the service, we have to reduce costs, we have a bet- I said: Why? the doctors don’t care what you think ter way and they offered a bill on the He said: I hate the health care law. of the cost. So there is no transparency floor, well, then, maybe we would take I said: What do you hate about it? in today’s system. We need to have a a look at it. But they are silent. It is He said: I am going to lose my health system that is transparent, where you very easy to sit there and say repeal, care benefits on Labor Day. can shop around for the best value for but what would they put in its place? I said: What is your profession? your money. The reason this amendment will be He said: I am a New York City fire- Imagine a system that rewards indi- so easily defeated today is because a fighter. He lived on Long Island, but he viduals for engaging in healthy behav- budget point of order says if you are was a New York City firefighter. iors. Imagine a system where you are going to raise the deficit $230 billion in Well, anyone who knows even a little not punished for having a preexisting the first decade and $1 trillion in the about the health care bill knows that a condition. Imagine a system that al- second, you better find out where that New York City firefighter will not lose lows small businesses to pool their pur- money is coming from. The other side their benefits on Labor Day or any chasing power together to provide is silent, not a peep about where that other time under this provision. But health insurance to their employees money would come from. So that this poor man had listened to some through small business health plans. makes one feel this is sort of for show. talk radio and they had convinced him Imagine a system where doctors can Let’s wave the flag for some of our he was going to lose his benefits. practice medicine to heal patients in- hard-core supporters who definitely But that is all fading. I haven’t spo- stead of practicing medicine with the want repeal, but there is nothing in its ken to the gentleman since. I don’t goal of not being sued. And imagine a place. know his name. I just met him at a patient-centered health care system in- The old mantra the other side seemed summer street fair. But he has found stead of an insurance-centered system to have—some of them—of repeal and his benefits are just as good today as or a government-centered system, replace is gone. It is now repeal and we they were on the day before Labor Day, which is what we have today. have nothing to replace it with. That so it is pretty logical to suppose he These are all standards we should does not meet with the favor of the would have said repeal the law a year work toward. We cannot afford to set- American people. In fact, the number ago but wouldn’t say so today. tle for this bill. who are against repeal is growing. Only But there is another reason, and I believe this bill will bankrupt our about one-fifth of those who say they probably an even more important rea- country, our families, and our neigh- want to see the law changed want full son, this law is gaining support as peo- bors. repeal. Only 20 percent of the public ple learn about it, and we owe some We simply cannot survive with this wants full repeal. If those numbers are thanks to our Republican colleagues agenda of taxing and spending away correct, and I believe they are, that because they have given us a second our future. We can’t survive it; we means almost certainly that a major- chance to make a first impression. can’t afford it. ity of Republican voters don’t want full Most who looked last year said the Mr. President, I believe we should re- repeal. messaging—rightly or wrongly, falsely peal this bill: all of its pages, all of its The bottom line, Mr. President, and or truly—was done better by the oppo- regulations, all of the regulations to particularly in this area of health care, nents than by the proponents of the

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00029 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S460 CONGRESSIONAL RECORD — SENATE February 2, 2011 law. But now, as people look at the greater. Do my colleagues on the other of small businesses in my State alone law, they are learning about the many side of the aisle want to take that will benefit from this. What, my good things in the bill. away? If so, what are you going to put friends on the other side of the aisle, I daresay that most of my colleagues in its place? What are you going to tell are you saying to those small busi- on the other side of the aisle want to the young people, 22 and 23 and 24 and nesses? What are you saying to their keep those good things. I would be 25 and 26, to do? workers? Go at it alone? Because you quite certain that the vast majority of Then there is another provision that want to repeal it but you have noth- Americans would want to keep those I think is worth keeping—preventive ing—nothing—to replace it. things, and the polling data backs that medicine. We all know one of the big There is one more provision I want to up. problems with our health care system speak of. There are so many good So when you say repeal, when you as opposed to some of the others in things in this bill. No matter how just use a hatchet and not a scalpel, some of the other western countries is much you don’t like some of the bad you lose all the good things, many of we do not do enough prevention. So in- provisions—and I know that is genu- which are in effect today. So I would stead of a disease being nipped in the inely held by some of my colleagues— ask my colleagues on the other side of bud, making the patient healthier and to just repeal it and get rid of the good the aisle who support repeal: Do you costing the system a whole lot less, it stuff makes no sense, in my judgment. support increasing prescription drug waits and waits. Those of us who put We have all heard the horror stories of costs for our Nation’s seniors? Thanks this health care bill together realized insurance companies—when you go to to this law, the so-called doughnut that and said early detection saves not them after you, your spouse, your kid hole—which was created in the pre- only lives but billions of dollars. In has an illness and you say: Thank God, scription drug plan of 2003 under this health care bill Medicare will pro- I have insurance—the insurance com- George Bush—will be fixed. Seniors vide a free wellness checkup once a pany deliberately, or maybe not but who fall into this doughnut hole— year for every senior citizen. If there is anyway they say: Mr. Smith, you did which says when they pay about $2,500 a little bit of illness, they can nip it in not check off that little box on page 17. for drugs, the government will help the bud. You did not dot that I or cross that t. them no longer—will now get a 50-per- We all know the earlier you detect You are not covered. cent discount on their medications. cancer or heart disease or diabetes or We all know the intent was to cover This first year that will amount to a emphysema, the better chance of cur- it. We all know the insurance company savings of $550 for the average senior. ing it and the less expensive to cure it. was happy to take the premiums even When you are a senior on a fixed in- This is going to save billions of dollars. without that dotted I or crossed t or come, $550 is a nice amount of change, Just giving certain tests at these checked box when the family was and that will help a whole lot of people. wellness checkups will save people healthy and money was coming in. But The discount keeps increasing every themselves money but, more impor- now all of a sudden they say bye-bye. year until the last crumb of the dough- tantly, save the Medicare system This bill does not allow that to happen. nut hole is gone. money, a lot of money. It is important The kinds of rescission I talked about I will admit that is a mixed metaphor for the people to save their money too, are banned. What are we saying, not because a doughnut hole, by definition, of course. This makes a great deal of just to the families who have experi- has no crumbs. But good try, staff. Ex- sense. enced this but to every American fam- cellent work, in any case. It sounded A mammography can find breast can- ily with insurance who worries about very good to me too. cer before it metastasizes. A simple this? What are we saying to them? But in these times, these savings blood test can find prostate cancer be- Again, you have nothing in its place aren’t exactly chicken feed. They will fore it spreads. What are my colleagues because you are repealing, not replac- make a huge difference for seniors. The on the other side of the aisle going to ing, even though people said early on average senior, when the doughnut say to seniors? What are they going to that is not what they are doing. hole is fully eliminated—crumbs and say to the Medicare system, which is I have one more point before I con- all—will save more than $2,000 a year. trying to get more effective by getting clude. We are willing to work with you. How about the provision that helps involved in early detection and preven- The Stabenow amendment on the floor young people? Every one of us knows of tion? Forget it? That is what you are of the Senate shows that. I would have instances where young men and women doing when you vote for repeal. You drafted it a different way and there get out of college or get out of high have nothing in its place. will be a Levin amendment that I school and they go into the job market. How about the small business tax would prefer. But either way we are Oftentimes those new jobs they are credit? My dad was a small business- going to address the 1099 issue. Many seeking do not provide health care. man. He had a little exterminating people on your side of the aisle, many That happens quite often. It is a new business. I know how small business- people on our side recognize that was a job, it is a low-paying job, they are just men struggle. My father truly never mistake. Not every bill is perfect. We starting out. I know—I have spoken to became happy until he left the busi- are not digging in and saying we have many young people like this, and their ness. Now, praise God, he is 87 and he is to have the bill exactly as written and parents—there is a lot of anguish. Does a much happier guy than he was, even exactly as drafted. But you are doing that young person who maybe has a job at 60, struggling in that business. One the inverse—you are saying we have to that pays $25,000 or $30,000 a year pay of the dilemmas that small business have no part of this bill because if you $1,000 a month for health care for him- people face is the high cost of medical wanted to retain parts of it you would self or herself? They cannot afford care for their employees. They want to have had an amendment on the floor that. provide it, A, because they want their saying take these parts out and keep On the other hand, to go without employees to be healthy, B, because these parts in. But you are not. Why? health care insurance—yes, they are they like most of their employees, and Your guess is as good as mine. But it is young and healthy but God forbid they C, because they want to keep the em- a lot easier to tear down than create, have an accident, go to the hospital, ployees from going somewhere else if as we learned when we did the health come up with some unusual and rare they are good—but it costs so darned care bill. But you have an obligation, and expensive disease. What are they much. Here is what is in the bill. If you unless you believe there should not be going to do? This keeps lots of young are a small business that makes less a health care system or we ought to go people and their parents up at night. than $1.2 million and you have 25 or back to the system without any This new bill solves that problem be- fewer employees, you get a 35-percent changes in the law that we have, which cause you can stay on your parents’ credit, going up to 50 percent in 2014. nobody liked. It is not fair. health care insurance, should they That is a huge help to small businesses In conclusion, No. 1, this bill reduces have it, until you are 26. By then you that are already providing health care the deficit. The repeal increases the are in the labor force a little bit longer for their workers, and a great incentive deficit and there is no money there to and the likelihood of your employer for small businesses that are not al- make up for those funds that the bill giving you health care is somewhat ready to do so. Hundreds of thousands would bring in by cost cutting and by

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00030 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S461 fees. No. 2, there are lots of good things the next decade. Americans will see bill was finally passed 60 to 40, 60 in the bill that probably my colleagues dramatic increases in their premiums. Democrats, 40 Republicans—I called would support but they get rid of them That is a fact. The Federal deficit will the Congressional Budget Office and with no replacement—nothing. Nothing increase by an additional $700 billion. Dr. Elmendorf, selected by our Demo- for the seniors, nothing for the 21- to This bill does not reduce the deficit, cratic colleagues to be the Budget Di- 26-year-olds, nothing for the people and the law’s expensive mandates, pen- rector. This is what he said: The key who are treated poorly by their insur- alties, and tax hikes will lead to job point is, savings to the HI trust fund— ance companies. And, No. 3, we want to losses and layoffs that will damage our that is the hospital insurance trust work with you. There are some changes economy. The last thing we need to do fund of Medicare—under the health we could work together on in the bill, now is to have employers lay off people care bill would be received by the gov- not only 1099 but walking farther down because of surging health care costs, as ernment only once, so they cannot be the road of reducing the inefficiencies is happening. Talk to small businesses set aside to pay for future Medicare in the system, the high cost, the waste, in your community to confirm this. spending and, at the same time, pay for by still preserving good care for the As our Nation’s reckless fiscal policy current spending on the other parts of people who get it. That is something and surging debt bring us ever closer to the legislation or on other programs. that would lend itself, particularly in a tipping point—a debt crisis that This bill was cutting Medicare bene- these times of high deficits, to bipar- could substantially damage our coun- fits and raising Medicare taxes. They tisan support and working together. try, as it has others around the world— did not use the money to strengthen Today, simple repeal, again, it may respected economists have stressed the Medicare, which is heading to insol- feed some red meat to the minority in need for Congress to reduce Federal vency. They took the money and spent this country. It is a small minority, if spending and contain mounting health it on a new program. Actually, they you believe the polling, who say repeal care cost. But rather than tackle these borrowed the money from Medicare. it. But the responsible job of a legis- problems that threaten the long-term But it was not the Treasury’s money to lator, whether you agree with this bill stability of our Nation, the new health spend on new programs. or disagree with this bill, is not to re- care law exacerbates our fiscal crisis The way it was written, the CBO peal but to improve. That is not hap- by creating a new, open-ended entitle- score double counted the money. It is pening today. ment, a monumental new entitlement this money that they are counting to I yield the floor. program and by introducing $2.6 tril- say this bill actually creates a surplus. The PRESIDING OFFICER. The Sen- lion in new spending. Tell me how we Without this money, there is no sur- ator from Alabama. can spend $2.6 trillion and not increase plus. Mr. SESSIONS. Mr. President, I rise our country’s debt. Since Medicare is going into deficit, in strong and vehement support of the Entitlements today are hammering they are going to call their debt instru- amendment of Senator MCCONNELL to our budget. They are surging our def- ments, their bonds from the Treasury repeal the health care reform law as icit. Entitlements are dangerous as they go into deficit. By the way, the now constituted, and I will support re- things. The last thing we need to do is U.S. Treasury pays Medicare interest placing it with reforms that truly pro- create a new entitlement program that on the money they borrowed from vide Americans with access to quality, is not going to have restrained spend- them to start this new program. Soon affordable health care, reduce sky- ing. According to the Congressional that money is going to be gone. We are rocketing health care costs, and put Budget Office, our official analysts ap- going to have to borrow money on the our Nation on a more sustainable fiscal pointed by the Democratic majority, open market to fund this new entitle- path. These good goals can be achieved. says that the health care law will ment, and the new entitlement is going But this current bill does not do it. cause insurance premiums in the indi- to cost far more than is currently esti- I am pleased to see my colleague say vidual market to soar by 10 percent to mated. he would accept some amendments, but 13 percent; for American families, Over the 10-year budget window, the the Johanns amendment he referenced translating into a $2,100 increase in Congressional Budget Office reports was voted on twice last year. When the their costs for purchasing health care point out how the law was doctored to Democrats held a significant majority coverage by 2016. That is huge. start certain revenue enhancements, in this body they voted it down. After Another $2,100? That is a stunning de- taxes, and so forth now, but only start- seven new Members have been added, velopment, and it is the exact opposite ing the expenditure programs in 2014. many of them elected on a promise to of the promises for the bill. CBO deter- Why is that important? Well, they got repeal this bill—virtually everyone on mined that. Total health care spending a score from CBO of what it would cost the promise to repeal this bill—we now in the United States consumes already over 10 years. So you get income for 10 have agreement to change the 1099 re- 17.3 percent of GDP, and we have felt years and you get expenditures for 6. porting requirements, which is about that was too high. It is the largest of This plus the double counting of the one-thousandth of 1 percent of what is any industrialized nation in the world. money and several other gimmicks significant about this legislation. In- But under this new law, the national might look pretty good, which is how deed, if Senator SCOTT BROWN had been health care spending will approach 20 they say this is creating a surplus. But elected a month or so sooner, the bill percent of GDP by the end of this dec- it is not a surplus. would not have been passed on Decem- ade. As the ranking member on the Budg- ber 24, the day before Christmas. Sadly, many supporters of the health et Committee, I am stunned by how The truth is, the American people care law continue to perpetuate the difficult and how challenging our cur- have never supported this bill. Polling myth that repealing this law would in- rent financial situation is. We have to numbers show they still do not support crease the deficit. My friend, Senator do something about it. We need the this bill. The Democratic health care SCHUMER, said: Repeal the law, and the President to help us and lead, but he is legislation was sold as a package that deficit will go up. A thorough examina- not, so it looks like Congress may have would reduce insurance premiums by tion of the law pulls back the curtains to tackle it. $2,500 dollars per family. We were told and exposes the deceptive budget gim- The former Director of the CBO, that repeatedly. It was also supposed micks to reveal its true cost. Douglas Holtz-Eakin, an economist to reduce the Federal deficit, and im- First, our Democratic colleagues who understands budget gimmicks and mediately create 400,000 new jobs. double counted $398 billion in Medicare has seen them for many years, cowrote Sadly, none of these promises were costs and taxes, $29 billion in Social an article in the Wall Street Journal in met. They were all false. The claims Security taxes, $70 billion in new long- January that eliminates any confusion were attacked on this floor by sophisti- term health care premiums to pay for about the law’s impact. I am dis- cated people who pointed out how these the new health care spending—all dou- appointed that Members of our Senate matters were not going to be achieved, ble counted money. It is the largest are still coming down here to suggest and they have not been. They were false accounting scheme, I suppose, in that repeal of this law is going to ad- false then, and they are false now. the history of the world. versely impact our deficit. I am Instead, the new health care law will Think I am exaggerating? December stunned to see this continue to be re- cause health care spending to rise over 23—the night before this health care peated.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00031 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S462 CONGRESSIONAL RECORD — SENATE February 2, 2011 This is what Dr. Holtz-Eakin, a high- had a new election. A lot of people took In the midst of an extraordinary cri- ly respected individual, said in the that issue to the American people. I sis in terms of primary health care, Wall Street Journal in January. The think their voice was clear. The Amer- where everybody recognizes we do not article is entitled, ‘‘Health Care Repeal ican people are not happy with Con- have enough primary health care doc- Won’t Add to the Deficit.’’ gress, which did not listen to them and tors or nurses or technicians, we tri- He said this: passed the bill against the public’s pled funding for the National Health Repeal is a logical first step towards re- wishes. They expect Congress to recon- Service Corps, and it is already work- storing fiscal sanity. sider it, eliminate it and start over ing effectively in getting doctors and Fiscal sanity. He goes on: with new legislation. dentists and nurses and other practi- Their message is clear, and that is How then does the Affordable Care Act tioners into underserved areas. All that magically convert $1 trillion in new spending what we need to do. I urge my col- would be undone. I think that makes into painless deficit reduction? It is all about leagues to support Senator MCCON- no sense whatsoever. budget gimmicks, deceptive accounting, and NELL’s amendment. Now, to my mind, what we have to do implausible assumptions used to create the I yield the floor. is not to repeal this bill but to make it false impression of fiscal discipline. Repeal is The PRESIDING OFFICER. The Sen- a better bill. I will give you one very not a budget buster, keeping the Affordable ator from Vermont. specific suggestion that I have worked Care Act is. Mr. SANDERS. Mr. President, it is on now for over 1 year. Senator WYDEN This Dr. Douglas Holtz-Eakin, former very hard for me to understand how has worked on this, others have worked Director of the Congressional Budget anyone could be voting to repeal the on it. That is to say, that if a State in Office. There is no question about it. entire health care bill. Because when this country, the State of Vermont, the you do that, among other things, what That is a stunning thing. A poll by the State of Alaska, any other State, can you are saying is that we will continue Kaiser Foundation and Harvard Uni- maintain the high standards for qual- the odious practice by insurance com- versity released last week revealed ity health care and coverage that the panies of denying health care to people that the American people are seeing national health care bill did, then that through these ploys. They have heard who have preexisting conditions. For 8 years under President Bush, State should be given significant flexi- these talks before, and they are not bility to perhaps do it in their own way buying it. Sixty percent of the country more and more people lost their health insurance, the cost of health care and do it more cost effectively. believes the health care law will in- I should tell you that in the State of soared, and our Republican friends had crease the deficit over the next 10 Vermont, our new Governor is a sup- virtually nothing to say on health years, while only 11 percent think it porter of a Medicare-for-all single- will lower the deficit. care. Now that a bill has been passed, payer program. There are other States So, colleagues, give us a break, would which I am the first to agree is not the that want to move in a different direc- you? The American people are not best bill we could have passed—and I tion, maintaining high standards but going to buy this argument. I wish it will tell you why. It has its share of doing it perhaps in a different way would not be repeated. But the Presi- problems which should be remedied. than has been proposed by the national dent continues to say it himself. Clear- But to say right now, when 50 million legislation. ly, the American people, once again, Americans have no health insurance, In my view, they should have that show they are wiser than their govern- when States all over this country are right. And if Vermont is effective in ment leaders in many instances. wrestling with huge budget deficits, doing what I believe we could—pro- The final point I would like to make which no doubt will result in millions viding quality health care to all of our about the health care law is its debili- more being thrown off health insur- people in a cost-effective way—I sus- tating impact on jobs. The expensive ance, to say we should retreat to where pect other States around the country mandates and penalties included in the we were is beyond comprehension. can learn from Vermont’s experience. I health care law, coupled with rising Second of all, for my Republican think that is a positive step forward. costs of insurance facing families and friends to say let’s repeal health care, The beauty of our Federalist system: businesses, are costing us jobs right there are millions of families who now 50 States—every State has a good idea. now, and it will continue to do so in are beginning to be able to include I think if we maintain standards that the future. within their own health care plans are high and give States flexibility, I will just add, I had meetings with their sons and daughters, up to the age this can improve the health care re- small business groups in Phenix City, of 26. Goodbye to that. Furthermore, in form bill we passed last year. But kill- AL, and Jasper, AL, with 10 or 15 indi- a nation which ends up spending more ing this whole bill makes no sense to viduals. Every one of them told me, on health care, almost double per per- me at all. without question, this health care law son, compared to any other nation on SOCIAL SECURITY would cause them to reduce their em- Earth, we have put in the health care Mr. President, I also want to say a ployment. We do not need to be reduc- reform bill billions of dollars for dis- word on an issue which is getting more ing employment; we need to be increas- ease prevention. and more attention; that is, Social Se- ing employment. We are, as a nation, very weak in curity. This bill is a job killer. It is indis- terms of trying to keep people healthy, In my view, Social Security has prov- putable. Over 6,000 pages of regulations trying to keep them out of the hos- en itself to be the most successful so- have been written. Economic estimates pital. We spend a fortune on people cial program in American history. Over indicate that repealing the law that after they are sick. In this bill, we have a 75-year period—and this is really ex- threatens our economic recovery would made some significant steps forward in traordinary; we take it for granted, but save 700,000 jobs. It is imperative that terms of disease prevention, wellness, it is an extraordinary success story—in Congress repeals this law. Yes, we need which is very cost effective in terms of good times and in bad times, Social Se- to start and continue to work on things health care dollars, not to mention curity has paid out every nickel owed we already agreed on, such as pre- human pain and suffering. to every eligible American. And it does existing conditions, interstate com- In that regard, I am proud to have that with a minimal administrative petition, and other things that we all worked with a number of other Sen- cost. agreed on and could agree on to make ators in doubling, in that bill, the num- Despite its strong record of success health care better. That is not the ber of community health centers in over the last 75 years, Social Security massive Federal entitlement program America, which are providing the most now faces unprecedented attacks from that funded by dubious gimmicks im- cost-effective primary health care that Wall Street, from many of my Repub- posed on the American people against is provided in this country, keeping lican friends, and from some Demo- their will and damaging to the Amer- people out of emergency rooms, keep- crats. I have to be very clear: If the ican economy. ing people out of hospitals, giving them American people are not prepared to We cannot allow this. It will be re- access to primary health care, dental stand up and fight back, we could begin pealed, in my view. I know my time is care, low-cost prescription drugs, and to see the dismantling of Social Secu- up. I will just conclude by saying, we mental health counseling. rity this very year.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00032 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S463 Let me cite the facts with regard to my view, unconstitutional health care vate marketplace, is unprecedented, Social Security. I know when we watch bill. Of course, I was an active partici- and for that reason it is unconstitu- TV tonight there will be some guy up pant in the debate last Congress about tional. It is an unprecedented expan- there saying: Social Security has gone ObamaCare and fought that tooth and sion of the power and role and author- bankrupt. Social Security is col- nail. The day after it passed into law, ity of the Federal Government. lapsing. That is absolutely untrue. I introduced a freestanding measure to In the last few days, there have been There has been a significant number of repeal it completely. The first day of hearings—quite late to the hour, but misstatements regarding Social Secu- this new Congress that I could file there have been hearings in the Senate rity. Here are the facts that nobody de- bills, I reintroduced that measure. Of in the committees about the constitu- nies. course, for all those reasons, I cer- tionality or unconstitutionality of No. 1, according to the latest report tainly support this amendment that ObamaCare. Of course, this central of the Social Security Administration, accomplishes that important goal. question came up. I found the response Social Security will be able to pay out Let me begin by responding to the of some of the witnesses at the hear- 100 percent of all benefits owed to suggestions of my distinguished col- ings who favored ObamaCare or advo- every eligible American for the next 26 league from Vermont. Everybody who cate for ObamaCare pretty startling on years. Now, you tell me how a system wants to repeal this law, including this point. One Senator in the com- is going bankrupt—we have a lot of me—we do not want to do away with mittee asked them: Well, if we can problems in this government, and our the idea that you should not be shoved mandate constitutionally that every country faces enormous problems, but off insurance because of preexisting American man, woman, and child buy when you can pay out every benefit conditions, that you should not have health insurance, why can’t we pass a owed to every eligible American for the portability, you should not be able to law that says obesity is a real problem next 26 years, do not tell me this is a meet those obligations. We do not in this country—which it is—and there- program in crisis or going bankrupt. think that at all. We are, however, for fore we are going to mandate that After 2037, Social Security will be able complete repeal for a very simple rea- every man, woman, and child in Amer- to pay out 78 percent of promised bene- son. ica eat certain vegetables and certain fits. Do we have to deal with that over What is wrong with this bill, what is healthy foods every day? Do you know the next 26 years? Yes, we do. But it is wrong with ObamaCare is not one de- what the response was from this advo- not a crisis, and this Senator will do tail here and one comma there, it is cate of ObamaCare? Well, I don’t think everything he can to oppose any effort not at the periphery of the plan; it is at you can mandate that they eat the toward privatization, any effort to the heart of the plan, it is the essen- food; you can only mandate that they raise the retirement age, any effort to tials, it is the core of the plan. We can buy the food. Great. Very reassuring. lower benefits. and should and must pass significant To me, that is not an argument for the Second point. Everybody is con- reforms such as protection for individ- constitutionality of ObamaCare; that cerned about the deficit crisis we uals with preexisting conditions. That is a clear argument for the unconsti- face—a $14 trillion national debt. How is why we have introduced those meas- tutionality and danger of the much has Social Security contributed ures. We have advocated those meas- ObamaCare Federal power overreach. to the deficit and the national debt? ures in a targeted way. That does not There are many other aspects of How much? Well, not one penny. Not mean we can or should or must pre- ObamaCare which also pose serious one-half a penny. Social Security is serve the whole of ObamaCare, which constitutional problems. My point is, funded by the payroll tax. Social Secu- has significant problems at the core of these are big problems, and they are rity has a $2.6 trillion surplus. That that gargantuan bill. not minor details which we can tweak surplus will go up. To attack Social Se- Let me mention four of those core with amendments. They go to the curity because of the deficit crisis is problems from my point of view. heart of this gargantuan bill. grossly unfair. The first is—maybe most funda- Similarly is the dramatic expansion Do you want to know why the deficit mental, most basic—there are impor- of government and the cost of that ex- went up? We are in the middle of a re- tant elements at the core of pansion. Instead of controlling and cession. We fought two wars in Afghan- ObamaCare that are flatout unconsti- lowering health care costs, ObamaCare istan and Iraq and forgot to pay for tutional. Even if they were not uncon- is expanding government and expand- those wars. We gave hundreds of bil- stitutional, they would be unwise be- ing health care costs. In fact, the Sen- lions of dollars in tax breaks to the cause they are a dramatic expansion of ate Budget Committee estimates that wealthy; bailed out Wall Street; Medi- the power and role and authority of the the bill will cost $2.6 trillion for the care Part D prescription drug program, Federal Government. first 10 years of full implementation. written by the insurance companies— The most obvious is an absolute man- All of that new spending does not lower all unfunded. Those are the reasons date in the bill, a mandate from your health care costs, and there are mul- you have a deficit. Social Security has Federal Government that every man, tiple sources affirming that. Yet Presi- nothing to do with it. woman, and child in the United States dent Obama continues to claim that So I would suggest that in the midst must buy health insurance. the act will ‘‘slow these rising costs.’’ of all of this financial instability that This is unprecedented. There has Maybe he did not see that CMS’s Chief is out there, with the middle class never been a mandate like that from Actuary, Richard Foster, said that shrinking and poverty increasing and the Federal Government or any level of overall national health expenditures people really worried about their re- government. There has never been this will increase by a total of $311 billion tirement years, one of the most signifi- forced purchasing of a product in the over the next 10 years under the law. cant things we as a Congress can do is private marketplace. Now, when the CMS Actuary was asked stand up and say: We are there. We are Some people bring up the comparison directly if President Obama’s health going to protect Social Security. We with car insurance, but that is not a care bill would hold down are not going to cut it. And we are close comparison at all because at the unsustainable medical costs just last going to make it stronger so that, State level that is not a forced man- week, that Actuary replied: ‘‘I would while it has done a great job for the date; that is simply saying: If you want say false.’’ last 75 years, it will continue to do a the right, the privilege of driving a car, Last year, CBO also confirmed our good job for the next 75 years. which is not some constitutionally concerns about the bill’s inability to With that, Mr. President, I yield the guaranteed right, then part of the deal contain costs, stating, ‘‘In CBO’s judg- floor. is you have to cover the damages from ment, the health legislation enacted The PRESIDING OFFICER. The Sen- any accident. So that is not a good earlier this year does not substantially ator from Louisiana. comparison. diminish that pressure.’’ Mr. VITTER. Mr. President, I rise So this absolute mandate that every In addition to increased costs for the today in strong support of the McCon- man, woman, and child in the United government and present and future nell amendment No. 13 that would com- States go out and purchase health in- taxpayers, health insurance premiums pletely repeal President Obama’s, in surance, purchase a product in the pri- will increase for Americans and their

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00033 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S464 CONGRESSIONAL RECORD — SENATE February 2, 2011 families. In fact, the CBO estimated economy but particularly in a horribly ernment—unprecedented—that every that premiums will increase by $2,100 down economy? We are trying to come man, woman, and child in America even though at least candidate Obama out of the worst recession since the needs to go into the market and buy a promised to lower premiums by $2,500 Great Depression. Do we want to re- particular product. per family. duce labor opportunity in our econ- That is why we demand repeal, that So that big expansion of government omy? is why we will continue to pursue re- and cost and health care costs, includ- These are stunning conclusions that peal until it happens, and that is why ing taxes and health care premiums, is so many of us warned against during we will replace this huge burdensome another big problem. Again, this is not the debate—conclusions the majority bill with targeted reforms such as pro- a minor detail which we can fix with a of Americans feared. Taxing American tecting folks with preexisting condi- perfecting amendment, with a few job creators and sticking businesses tions, such as reimportation, such as tweaks to the bill. This goes to the with more government compliance re- generics reform and other measures to core of the entire plan. quirements and costs is absolutely the reduce prescription drug prices, such as Another fundamental issue which wrong approach, particularly in a down allowing American citizens to shop for goes to the core of the entire plan is economy. health insurance across State lines and the fact—and I think it is a well-estab- Finally, there is another core con- to pool together through their small lished fact—that the ObamaCare plan cern which I share with so many others businesses, through other means, will cost us not just money, not just in- in this body that again goes to the through association health plans. creased taxes, not just increased health heart of the bill. It is not a minor de- Thank you, Madam President. With insurance premiums, it will cost us bate. It is not something we can solve that, I urge all of my colleagues to jobs. That should always be worrisome, with a perfecting amendment. It is not come together. Let’s repeal this very but it should be particularly worrisome at the periphery. It is not changing a problematic plan, and let’s start anew as we stand here today and debate this comma, changing a sentence. It is at with focused, targeted reforms that the in a horrible economy, as we are trying the heart of the bill; that is, the bill American people have been asking for. to come out of the worst recession contains at its heart over $500 billion Madam President, I yield the floor, since the Great Depression of the 1930s. in Medicare cuts—yes, over $1⁄2 trillion and I note the absence of a quorum. Again, this is not just any period of in cuts to Medicare. These cuts aren’t The PRESIDING OFFICER (Mrs. time; this is a time of prolonged his- invested back into Medicare. They HAGAN). The clerk will call the roll. toric unemployment. don’t help Medicare stay solvent. They The bill clerk proceeded to call the This bill costs us jobs, and this bill don’t help Medicare survive or stay sol- roll. absolutely decimates job creation. The vent longer. They don’t help fix the The PRESIDING OFFICER. The Sen- bill taxes jobs and places more burdens looming Medicare challenge. They are ator from Mississippi. on job creators. For instance, the Na- stolen from Medicare to pay for Mr. WICKER. Madam President, I tional Federation of Independent Busi- brandnew stuff for other people in ask unanimous consent that the order ness, representing thousands of Amer- ObamaCare. for the quorum call be rescinded. ican small businesses, including many These Medicare cuts directly impact The PRESIDING OFFICER. Without in Louisiana, my home State, said: seniors, and one study shows that the objection, it is so ordered. If new taxes, new mandates and new gov- massive cuts to Medicare Advantage Mr. WICKER. Madam President, I ernment programs in PPACA— will hit Louisiana seniors particularly rise today in support of the McConnell That is the ObamaCare bill— hard. A study by the Heritage Founda- amendment to the FAA reauthoriza- remain intact the law will stifle the ability tion shows that Louisiana seniors en- tion bill. to hire, grow and invest. . . . rolled in Medicare Advantage plans What we have this afternoon actually In addition to the often-discussed lose more than any other State in the is an opportunity to show the Amer- 1099 paperwork nightmare for small Nation because of the Obama health ican people that we are listening to businesses, the bill also includes a pay- bill. The report says that projected en- them. The American people want the or-play mandate on job creators. This rollment in Medicare Advantage will ObamaCare law—the affordable health complicated new tax penalty imposes a drop by over 125,000 Louisianians—62 care law, as it is known—to be repealed tax on businesses with more than 50 percent—and benefits will be cut by and replaced with something less ex- workers if they do not offer coverage or $5,000 per beneficiary. pensive, with something workable. do offer coverage but workers elect to So this bill takes away benefits and Polls show this, the individuals with decline that benefit. Yet again, this is choices for seniors not to fix Medicare, whom we speak when we go home tell a fundamental problem with the bill not to preserve Medicare, not to pre- us this, and this vote will be an oppor- that goes to the heart of the bill, not serve its solvency for longer, but steals tunity for us to show them we are lis- the periphery. This aspect of the bill it from Medicare, steals it from seniors tening. will have many dire consequences. for brandnew purposes for other folks. I have heard some of my colleagues First, because the $2,000 penalty for not This directly contradicts the Presi- come to the floor this week and sug- offering insurance is less than the dent’s promise that ‘‘if you like what gest that this massive, 2,000-page, tax- $6,100 average employer benefit con- you have, you can keep it.’’ No, you increasing, job-killing bill is, in fact, tribution, businesses are actually given can’t, Mr. President. Thousands of just what we need. I would suggest an incentive to drop coverage. So there Louisiana seniors can’t. In fact, CMS’s there are a number of facts that indi- is a concrete money incentive, a major Chief Actuary also verified that the cate otherwise. The other side would money incentive for businesses to drop promise will be broken, confirming have us believe that without this coverage and actually push workers off that Americans may lose their current health care law, this country is going good coverage many have right now. health care coverage regardless of to fall off the tracks and the world will Second, businesses that are able to whether or not they want to keep it. virtually come to an end. They try to grow and hire more workers may So I respond directly to my friend cite one or two popular proposals that choose not to create jobs and to stay and colleague from Vermont by saying are in this law, which, of course, could under the 50-employee threshold to that we want full repeal of ObamaCare be enacted after repeal practically by avoid all of these disincentives and dif- for a very simple reason: The big prob- unanimous consent, and ignore the ficulties. lems with the bill, the big problems fatal flaws in the law. Because of all this, the nonpartisan with the plan aren’t at the margin, The former Speaker of the House, Congressional Budget Office concluded they are at the core, and the big prob- NANCY PELOSI, during the consider- that the bill ‘‘will encourage some peo- lems can’t be fixed with a perfecting ation of this act in the House and Sen- ple to work fewer hours or to withdraw amendment, with changing a comma, ate, famously told a grassroots group from the labor market.’’ It also said: changing punctuation, revising 1 or 2 that had come to Washington, DC: We On net, it will reduce the amount of or 5 or 10 sentences. The big problems need to hurry up and pass the bill so labor used in the economy. Is that are at the core of the plan, starting you can find out what is in it. Well, in- what we want to encourage in any with a mandate from the Federal Gov- deed, since the passage and signing of

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00034 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S465 the law of ObamaCare, every day the public. These are people who work with insurance through new organizations called American people are finding out some- health care every day and are telling ‘‘exchanges.’’ The details of these subsidies thing new that is in the bill that they us that this Congress has made a mis- were painstakingly worked out by members don’t like. As a matter of fact, it turns take. In fact, there are already real of my own political party to reflect their values: They decided who was to benefit from out that Members of the House and consequences of this health care reform the subsidies and what was to be purchased Senate who voted for ObamaCare also law. with them. They paid a lot of attention to did not know precisely what was in the Abbott Laboratories said it is cutting their own strategies, but what I believe they bill and certainly did not anticipate about 1,900 jobs. It is just a fact. The failed to consider properly were the possible the ramifications of this massive, ill- job cuts come ‘‘in response to changes strategies of others. advised law. in the health care industry, including Our federal deficit is already at Under the new law, it is absolutely a U.S. health care reform and the chal- unsustainable levels, and most Americans understand that we can ill afford another en- fact, and we know this, that Medicare lenging regulatory environment.’’ That will face over $500 billion in cuts, and titlement program that adds substantially to is simply a fact. It is not conjecture. it. But our recent health reform has created senior citizens have a right to be con- Blue Shield California Health Insurer a situation where there are strong economic cerned. Future senior citizens have a recently stunned individual policy- incentives for employers to drop health cov- right to be concerned about these cuts. holders with a huge rate increase, ef- erage altogether. The consequence will be to They include $155 billion from hos- fective March 1, seeking cumulative drive many more people than projected—and pitals, $202 billion from Medicare Ad- hikes of as much as 59 percent in pre- with them, much greater cost—into the re- vantage, $15 billion from nursing miums for tens of thousands of their form’s federally subsidized system. This will homes, $40 billion from home health happen because the subsidies that become customers. That San Francisco-based available to people purchasing insurance agencies, and $7 billion from hospice. Blue Shield said the increases were the Cuts from these Federal expenditures through exchanges are extraordinarily at- result of fast-rising health care costs tractive. in Medicare are to pay for the new and other expenses relating to the new In 2014, when these exchanges come into ObamaCare legislation. health care law. operation, a typical family of four with an Everyone agrees that Medicare needs Again, just a fact, Madam President. annual income of $90,000 and a 45–year-old to be made more solvent, and we need It is also an absolute certainty that policy holder qualifies for a federal subsidy to work on Medicare. But these reck- of 40% of their health-insurance cost. For State taxes are going to go up, and less cuts will only make Medicare’s that same family with an income of $50,000 they are going to go up big time unless problems worse. (close to the median family income in Amer- Another thing Americans have found we repeal this health reform law. ica), the subsidy is 76% of the cost. out about this affordable health care In my State of Mississippi, the legis- One implication of the magnitude of these subsidies seems clear: For a person starting law which is being implemented even lation will cost the State $1.7 billion over 10 years, including $443 million in a business in 2014, it will be logical and re- as we speak is that the law falls short sponsible simply to plan from the outset of the President’s goal of controlling year 10 alone. From fiscal year 2014 to fiscal year 2020, the massive expansion never to offer health benefits. Employees, runaway costs. In fact, it raises pro- thanks to the exchanges, can easily purchase jected spending. of Medicaid will cost Mississippi tax- excellent, fairly priced insurance, without Last week, in his State of the Union payers $225 million to $250 million pre-existing condition limitations, through Address, President Obama said the extra each year. Our Governor—one of the exchanges. As it grows, the business can health insurance law we passed last the staunchest opponents of tax hikes I avoid a great deal of cost because the federal year will slow these rising costs. This have ever heard of—has stated that government will now pay much of what the is simply not true. To support my as- this law will certainly force the State business would have incurred for its share of health insurance. The small business tax sertion it is not true, I cite the Presi- of Mississippi to increase its taxes un- less it is repealed. Again, these costs credits included in health reform are limited dent’s own Actuary. CMS reports that, and short-term, and the eventual penalty for in fact, spending will be increased by are simply facts. They result from the not providing coverage, of $2,000 per em- about 1 percent over what it would mandate. ployee, is still far less than the cost of insur- have been over 10 years. That increase Madam President, there is also bipar- ance it replaces. could get bigger, of course, the report tisan opposition to this law. We didn’t For an entrepreneur wanting a lean, em- points out, since the Medicare cuts I see much bipartisan support for its re- ployee-oriented company, it’s a natural posi- peal in the other body, and I was dis- tion to take: ‘‘We don’t provide company have pointed out may be unrealistic housing, we don’t provide company cars, we and politically unsustainable, accord- appointed by that. But when you get off of Capitol Hill and out to individ- don’t provide company insurance. Our ap- ing to the report. CMS said, overall, proach is to put your compensation in your national health expenditures under the uals, it is not a Republican or Demo- paycheck and let you decide how to spend health reform act would increase by a cratic issue. There is a bipartisan it.’’ total of $311 billion and that health ex- American opposition to this law. But while health reform may alter the penditures will be 21 percent of the I have repeatedly quoted former Gov- landscape for small business in unexpected gross domestic product by 2019. ernor Phil Bredesen, a Democrat of ways, it also opens the door to what is a po- Tennessee, someone who ran as a Dem- tentially far larger effect on the Treasury. But it is not just the government The authors of health reform primarily bean counters who are worried. Here is ocrat in his State successfully twice targeted the uninsured and those now buying what the National Federation of Inde- and ran as the standard bearer for his expensive individual policies. But there’s a pendent Business said: party three times—a loyal Democrat very large third group that can also enter Small businessowners everywhere are who, of course, called this law the and that may have been grossly underesti- rightfully concerned that the unconstitu- ‘‘mother of all unfunded mandates.’’ mated: the 170 million Americans who cur- tional new mandates, countless rules and After the law was enacted, he wrote rently have employer-sponsored group insur- new taxes in the health care law will dev- an op-ed in the Wall Street Journal on ance. Because of the magnitude of the new astate their business and their ability to cre- October 21, 2010. I ask unanimous con- subsidies created by Congress, the economics become compelling for many employers to ate jobs. sent that it be printed in the RECORD. That is the National Federation of simply drop coverage and help their employ- There being no objection, the mate- ees obtain replacement coverage through an Independent Business. The National rial was ordered to be printed in the exchange. Association of Manufacturers says that RECORD, as follows: Let’s do a thought experiment. We’ll use manufacturers remain adamantly op- [From the Wall Street Journal, Oct. 21, 2010] my own state of Tennessee and our state em- posed to the employer mandates and to ployees for our data. The year is 2014 and the OBAMACARE’S INCENTIVE TO DROP INSURANCE the Medicare hospital insurance tax in- Affordable Care Act is now in full operation. (By Philip Bredesen) creases. These employers who are faced We’re a large employer, with about 40,000 di- with incorporating the first round of One of the principles of game theory is rect employees who participate in our health that you should view the game through your health care changes are grappling and plan. In our thought experiment, let’s exit opponent’s eyes, not just your own. the health-benefits business this year and having difficulty with how to comply This past spring, the Patient Protection help our employees use an exchange to pur- with the long list of new rules. and Affordable Care Act (President Obama’s chase their own. These are not scare tactics. These are health reform) created a system of extensive First of all, we need to keep our employees not unwarranted fears by a confused federal subsidies for the purchase of health financially whole. With our current plan,

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00035 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S466 CONGRESSIONAL RECORD — SENATE February 2, 2011 they contribute 20% of the total cost of their ‘‘Obamacare is not what the doctor Supreme Court said it was constitu- health insurance, and that contribution in ordered,’’ according to Governor tional. The Civil Rights Act of 1964 was 2014 will total about $86 million. If all these Bredesen. found unconstitutional by a lower employees now buy their insurance through My time is limited. I could go on and court, and the Supreme Court said it an exchange, that personal share will in- crease by another $38 million. We’ll adjust on, and Members of the Senate and was constitutional. our employees’ compensation in some rough House could and will go on and on as Let’s not get carried away with lower fashion so that no employee is paying more we face this issue, if we don’t win it court decisions that are clearly split on for insurance as a result of our action. Tak- today. this issue. We had a hearing in the Ju- ing into account the new taxes that would be The facts are there. This is a terribly diciary Committee today that I chaired incurred, the change in employee eligibility flawed piece of legislation. Facts are where we had constitutional experts for subsidies, and allowing for inefficiency in stubborn. The consequences have al- from across the United States. There how we distribute this new compensation, ready started to mount up. Opposition was a lot of difference of opinion be- we’ll triple our budget for this to $114 mil- is strong. Support for repeal is strong tween Democrats and Republicans. I lion. Now that we’ve protected our employees, and bipartisan, and for those reasons I think the case is clear and strong that we’ll also have to pay a federal penalty of will vote in favor of the McConnell we have the power, under article I, sec- $2,000 for each employee because we no amendment when we consider it later tion 8 of the Constitution—the enumer- longer offer health insurance; that’s another today. ated powers of Congress—to regulate $86 million. The total state cost is now about The PRESIDING OFFICER. The Sen- commerce. $200 million. ator from Illinois. Is there anybody on the Republican But if we keep our existing insurance plan, Mr. DURBIN. Madam President, I side who will stand here and argue that our cost will be $346 million. We can reduce can’t say with any certainty anything the health care industry, which rep- our annual costs by over $146 million using the legislated mechanics of health reform to about the critics of the government’s resents 18 percent of the economy of transfer them to the federal government. affordable health care plan, except one America, is not commerce? Of course it That’s just for our core employees. We also thing: Each of the critics on the Repub- is. Then, of course, we have the author- have 30,000 retirees under the age of 65, lican side of the aisle of what they call ity in that same section to pass laws 128,000 employees in our local school sys- government-administered health insur- necessary and proper, to carry out the tems, and 110,000 employees in local govern- ance—every single Senate Republican responsibilities and authority given us. ment, all of which presents strategies even critic is currently protecting his or her Here is what we are trying to do. We more economically attractive than the family with government-administered are trying to make sure everybody in thought experiment we just performed. Local governments will find eliminating all cov- health care. In other words, what is America has health insurance. We say erage particularly attractive, as many of good enough for their families should to the 83 percent of Americans who them are small and will thus incur minor or not be good enough for the rest of currently are insured: You don’t have no penalties; many have health plans that America. to worry about this argument. You al- will not meet the minimum benefit thresh- As a show of good faith, I think the ready have health insurance. For the 17 old, and so they’ll see a substantial and un- Republican Senators should come to percent who are uninsured, many of avoidable increase in cost if they continue the floor today and say: Not only are them are people who have preexisting providing benefits under the new federal we going to vote for repeal of health conditions and have been denied cov- rules. Our thought experiment shows how the ec- care reform, we are going to show our erage or they can’t afford it. Some are onomics of dropping existing coverage is personal commitment by walking away people who, frankly, cannot afford cov- about to become very attractive to many from the Federal Employees Health erage even if they don’t have a pre- employers, both public and private. By 2014, Benefits Program, a government-ad- existing condition. there will be a mini-industry of consultants ministered health insurance program. I This law moves us to a point where knocking on employers’ doors to explain the would admire them so much if their ac- more Americans will be covered with new opportunity. And in the years after 2014, tions as Senators reflected their health insurance. We say those who the economics just keep getting better. speeches on the floor. But they don’t. can afford health insurance, and don’t The consequence of these generous sub- sidies will be that America’s health reform They are denying to the rest of Amer- buy it, will pay a tax because of that may well drive many more people than pro- ica what every single Member of Con- decision. Is that heartless? Is that a jected out of employer-sponsored insurance gress has available today to protect Federal mandate on people who want and into the heavily subsidized federal sys- their families. That, to me, is indefen- to be left alone? If they were just being tem. Perhaps this is a miscalculation by the sible. left alone, that is one thing, but human Congress, perhaps not. One principle of game A judge in Florida this week decided experience teaches us that these people theory is to think like your opponent; an- that this Affordable Health Care Act who want to go it alone—don’t bother other is that there’s always a larger game. was unconstitutional. Before we get me, I am on my own—will get sick Mr. WICKER. Madam President, carried away with that decision, step someday. When they go to the hospital, among other things, Governor back. This law has been challenged 16 they will be treated. When they can’t Bredesen, who was still Governor at times in Federal courts. Twelve courts pay for their treatment, do you know the time, said: have dismissed the challenges on pro- who will pay? All of the rest of us. Ev- Our Federal deficit is already at an cedural grounds, saying the person who erybody else paying health insurance unsustainable level, and most Americans un- filed the suit didn’t have standing in premiums has to absorb the cost of derstand that we can ill afford another enti- court. Four of the Federal courts de- those who are freeloading on the sys- tlement program that adds substantially to cided it on the merits. Two of the Fed- it. But our recent health reform has created tem. It is not fair. a situation where there are strong economic eral courts decided it was a constitu- It used to be that conservative Re- incentives for employers to drop health cov- tional law, and two said it was uncon- publicans preached personal responsi- erage altogether. The consequence will be to stitutional. bility. When we put personal responsi- drive many more people than projected—and You say to yourself: Wow, two Fed- bility in this law, all of a sudden they with them, much greater cost—into the re- eral district courts said this law was don’t like it. I think personal responsi- form’s federally subsidized system. unconstitutional. Aren’t you worried? bility still counts. I believe it is clearly The Democratic-elected Governor of Well, I don’t take anything for granted, constitutional to include it. I have lis- Tennessee criticized this act. He point- but I do understand a little bit of his- tened to some of the arguments about ed out other facts that are wrong. In tory. What other laws in America were repealing this law. I heard the Senator his subsequent book on the subject, found unconstitutional by lower courts from Mississippi say how bipartisan Phil Bredesen also criticizes the health and then constitutional by the Su- the support is for it. I would have liked care law, saying it will cause deficits preme Court? Anything significant? to have asked him how he explains the to go up, costs to continue increasing, Social Security was found unconstitu- fact that four out of five people in employers to drop coverage, State tional; then the Supreme Court said, America—80 percent of Americans—op- costs to increase, governments to grow, no, it is constitutional. The Federal pose repeal. They don’t think the law and will make our current problems minimum wage law was found uncon- is perfect. Many say improve it if you worse. stitutional by a lower court, and the can, but 80 percent oppose repeal.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00036 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S467 The signature issue for the House Re- cancer, or mental illness. And you cer- ceutical companies, if they were dupli- publicans, and now the Senate Repub- tainly want that child, that love of cative or overly generous, to make sure licans, is the repeal of affordable your life, to have health insurance cov- they got closer to a reality of what a health care. It would be devastating if erage. company needs in incentives to grow. we did. The first thing you will notice, Senator MCCONNELL and the Repub- It is true some of those tax subsidies if you read the amendment—three licans want to repeal the protection for were eliminated and some of the com- pages—filed by Senator MCCONNELL, families who have children with a pre- panies were not happy about it. The the Republican leader, is that on the existing condition. That is fact. It is bottom line is we were trying to make second page he manages to include the not as though they are offering exclu- sure that health care is affordable. We Statutory Pay-As-You-Go Act of 2010, sions and saying: No, no, we will keep cannot afford to provide massive sub- as passed and printed by the House of that. They eliminate the entire law sidies to profitable companies on an Representatives. Unless you are a per- with this 3-page amendment. They unlimited basis. son who follows closely what is going eliminate the protections. This bill the Republicans want to re- on around here, you may not know How about protections for those who peal will crack down on fraud in Medi- what that says. get diagnosed with a serious illness and care and Medicaid. It will simplify pa- What it says is that Senator MCCON- health insurance companies cutting perwork for private insurers, it invests NELL wants us to ignore the fact that them off completely, putting a cap on in prevention, it creates a pathway for repeal of the Health Care Act will add the amount of money they will spend generic biologic drugs, and tests new $230 billion to our national deficit over to provide for medical services and ways to pay health care providers to the next 10 years and more than $1 tril- treatment, saying at some point they reward value rather than volume. lion in the decade after that. A party are going to eliminate their policies al- If the law is repealed, we will have that comes to the floor every single together because they failed to make a fewer jobs and higher costs for families day telling us of their passionate deter- disclosure on the application form? It and businesses. The No. 1 complaint of mination to end our deficits and ad- happens too often. Illinois small businesses across our dress our debt with the McConnell In my State, we sadly lead the Na- State is the cost of health insurance. If amendment will add $230 billion to our tion in what is called rescissions— the Republicans have their way and re- national deficit over 10 years and $1 health care insurance companies that peal this law we passed, the cost of trillion more in the next 10 years. cancel coverage when people get seri- health insurance will grow, the cost to This is a budget buster amendment. ously ill. How would you like to be in businesses will grow, the number of This will add more to the deficit in one that predicament? How would you like employees will shrink. fell swoop than any single thing we to face a serious illness that keeps you A 1-percent or 1.5-percent growth in have done in Congress in the time I awake at night tossing and turning health care costs above the rates under have served. And it is being offered by about whether you are going to live or the new law will prevent employers the party of so-called fiscal responsi- die and then fight the insurance com- from creating 2.5 to 4 million jobs over bility. pany in daylight hours in the hopes the next 10 years. Talk about a job de- When we talk about premium in- they will cover the prescriptions and stroyer. creases currently taking place under treatment you need to stay alive? The Republican repeal amendment health insurance policies across Amer- That is a reality addressed by the does just that. Repeal means going ica, I understand it. We have all lived Health Care Act, a reality that will be back to the same broken system we through it. We have seen it. Businesses repealed by Senator MCCONNELL and have had for so long with insurance see it all the time. There is a provision the Republicans’ efforts today. Those companies once again free to over- in our Affordable Health Care Act are the real results of what they want charge families and businesses to pro- which addresses that issue that would to do. It is not about who wins the po- tect their corporate profits and CEO be repealed by the McConnell amend- litical debate and has the largest bonuses; the same broken system with ment. The provision is called medical cheering section when it is over. It is workers seeing their paychecks shrink loss ratio. It says a health insurance about real life changes. as more and more of their hard-earned company has to spend 80 to 85 percent How about senior citizens under wages are deducted to cover sky- of premium dollars on actual health Medicare? Many of them struggle to rocketing premiums; the same broken care. They cannot take it away in ad- pay for prescription drugs. Even with system with seniors being forced to vertising, in administrative costs, in the Medicare prescription drug plan shoulder the full cost of prescription salaries and bonuses for their CEOs. there is a gap in coverage called the drugs in the doughnut hole; and the One of the things that will happen if doughnut hole. We start to close that same broken system with small busi- the Republicans have their way and re- gap and say to seniors: If you have ex- nesses closing their doors and laying peal health care is that health insur- pensive prescription drugs, we are off workers because they cannot afford ance companies will be allowed to raise going to make sure ultimately they are the crushing cost of health insurance. premiums at any level as quickly or as covered completely from the first of The Republican claim that this much as they want without being held the year to the end of the year. Now health care bill is a job killer is just to this medical loss ratio. there is a gap in the coverage. plain false. The economy has been That may not be the worst thing, The Republicans and Senator MCCON- gaining private sector jobs since Presi- though. Any person in America who NELL want to repeal that provision of dent Obama signed the bill a year ago has been raised in a family where the Health Care Act which provides for after losing jobs for a long period of someone in the family suffers from seniors not only more coverage for time before. Since the President signed what is known as a preexisting condi- their prescription drugs, but also an the bill, we have created more than 1.1 tion knows that you always live in fear opportunity for an annual physical and million private sector jobs. By con- that you will not have health insur- the kind of preventive care they need trast, in the 10 years before health re- ance and fear that if you have to go out to stay healthy, strong, and inde- form was enacted, we lost 3.3 million and buy it on the open, public market, pendent in their homes for a longer pe- private sector jobs. you will never be able to afford it. riod of time. That is what Senator Average real incomes for Americans This law that Senator MCCONNELL MCCONNELL and the Republican Sen- are back on the rise after years of and the Republicans want to repeal ators want to do with the repeal of this being stalled under the old health care today says no health insurance com- law. system. Just this week, the Commerce pany in America can discriminate What about job creation? The Sen- Department reported that average real against anyone under the age of 18 who ator from Mississippi talked about one disposable income has risen 1.3 percent has a preexisting condition. That is company cutting some employees. I am over the past year, after falling one- something any parent would appre- not sure of the particulars in that com- tenth of 1 percent in each of the pre- ciate. You never know if that beautiful pany, but one of the things we did in vious 2 years. son or daughter of yours is going to this law was to take a look at tax sub- I will close by saying that our hear- have problems with asthma, diabetes, sidies to medical device and pharma- ing today before the Senate Judiciary

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00037 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S468 CONGRESSIONAL RECORD — SENATE February 2, 2011 Committee on the constitutionality mies, and their employment would be Throughout the 1940s, the para- question makes it clear to me that the greatly harmed by this health care law. military branch of the movement car- Supreme Court, if it follows the clear We made a promise to seniors who ried out targeted bombings and assas- precedents that have been handed down depend on Medicare that we would take sinations. In 1948, the Muslim Brother- for decades, if Supreme Court Justices care of them. This law cuts Medicare hood was implicated in the murder of who have spoken eloquently and di- and hurts them. We should honor, in- Egyptian Prime Minister Mahmoud rectly on the commerce clause will stead, our promises to defend the Na- Naqrashi. In 1954, the group allegedly view this Health Care Act in the same tion, to support seniors on Social Secu- tried to assassinate then-Prime Min- context, they will find it constitu- rity and who depend on Medicare be- ister Gamal Abdel Nasser. The govern- tional. Then perhaps we can move on. fore making an extravagant promise ment banned the brotherhood as a po- Perhaps at that point the Republicans that is irresponsible and cannot be litical party that very same year. will stop beating this drum on repeal- kept under the health care law. The Muslim Brotherhood went under- ing health care, will join us in making EGYPT ground only to resurface during the it an even stronger bill, and will focus Madam President, I also wish to take 1980s. It claimed to disavow violence on creating jobs instead of killing jobs this time to speak on an entirely dif- and attempted to win political power as this McConnell amendment would ferent subject, which is what is going as a religious and social organization. do. on in Egypt. It was increasingly successful with al- I yield the floor. I entitle this discussion ‘‘The Muslim lied candidates, winning 17 seats in the The PRESIDING OFFICER. The Sen- Brotherhood: Its Leaders in Their Own Parliament in 2000 and then a stunning ator from Illinois. Words.’’ 88 seats, or 20 percent of Egypt’s Par- Mr. KIRK. Madam President, I wish Will Egypt follow Poland or Georgia liament, in 2005. to talk about two topics today, first on to foster a new democratic government The Muslim Brotherhood is not a this health care bill and then on the or will it follow Iran’s revolution, con- monolithic organization, but it does situation in Egypt. verting Egypt into a state sponsor of maintain a leadership structure and a I rise today in support of the amend- terror? core set of beliefs. Its leader is called While U.S. policy should support ment to repeal the health care law. We the general guide. He has several dep- human rights and democracy, we face made a mistake last year in passing uty guides. Below them is a guidance the risk that the Muslim Brotherhood, this law, and a large majority of Amer- council, comprised of 15 to 16 senior the al-Ikhwan al-Muslimun, could seize ican people know it. In the face of the leaders as well as a broader body, the power. Who is part of the brotherhood largest debt in our history, it was the Shura, comprised of roughly 100 mem- height of folly to create a new spending and what are its political objectives? A detailed study shows why these bers. program, offering subsidized health questions should command the atten- Mohammed Badi was elected as the care to 30 million Americans. It is a tion of the Congress and the President. eighth general guide of the Muslim promise we cannot afford to keep and With so much at stake in the Middle Brotherhood in January of 2010. As one that our lenders may force us to East, Americans must be clear-eyed noted by the U.S. Government’s Open retract. about the Muslim Brotherhood and its Source Center, Badi is ‘‘influenced by Before losing our credit rating or suf- radical Islamic agenda with a pledge of the writings of famous Muslim Broth- fering the humiliation of foreign lend- jihad against the West and the State of erhood idealogue Sayyid Qutb, and is ers denying us new loans, we should Israel. known for his conservative views.’’ take the decisive action now to end The Muslim Brotherhood is the larg- In an April interview in 2010, Mr. this entitlement. Congress should re- est Islamist movement in the Middle Badi said: place this mistaken law with bipar- East and is widely described as the We will continue to raise the banner of tisan reforms that prohibit the govern- most organized political force in Jihad and the Koran in our confrontation ment from overriding the decisions you Egypt. Its membership is estimated at with the enemy of Islam. The Muslim Broth- make with your doctor, that defend over 600,000. erhood still considers the Zionists to be its your right to buy insurance from any Although it claims to be nonviolent, main and only enemy. The Jews who occupy Palestine have their eyes set on Egypt. State in the Union, and to make law- this conservative organization, the suit reforms to lower the costs of de- Muslim Brotherhood, has profoundly Two days ago, a leading member of fensive medicine. influenced Islamic terrorist organiza- the Muslim Brotherhood, Muhammed The failed health care law now ruled tions such as al-Qaida, Islamic Jihad, Ghannem, reportedly told Al-Alam Ira- as unconstitutional by two Federal and Hamas. One of its disciples was the nian news network that he ‘‘would like courts uses the commerce clause of the prominent Islamist theologian Sayyid to see the Egyptian people prepare for Constitution to create an unlimited Qutb who provided the intellectual a war against Israel,’’ adding that the government that could require Ameri- underpinnings of al-Qaida. Ayman al- world should understand ‘‘the Egyptian cans to buy what they do not want. Zawahiri, al-Qaida’s second in com- people are prepared for anything to get The very heart of the Constitution was mand, was once a member of Egypt’s rid of this regime.’’ He went on to say the creation of a limited government Muslim Brotherhood. that the Suez Canal should be ‘‘closed that could only accomplish its defined As recently as 2004, the organiza- immediately’’ and that the flow of gas missions, leaving all else to the people tion’s motto was as follows: from Egypt to Israel should cease ‘‘in and to the States. Allah is our objective. order to bring about the downfall of These courts are right, the law is un- The Prophet is our leader. the Mubarak regime.’’ constitutional. It spends over $2.6 tril- Qur’an is our law. In 2007, the Muslim Brotherhood re- lion, it hurts small businesses, it cuts Jihad is our way. leased a political platform which con- senior health care under Medicare, and Dying in the way of Allah is our highest tained a number of indications on how levies billions in new taxes against our hope. this organization would govern Egypt economy in the teeth of the great re- The Muslim Brotherhood was found- if it came to power. According to the cession. ed in 1928 by Hassan al-Banna. Banna is Congressional Research Service, the Recently, I visited Decatur Memorial famously quoted as saying that ‘‘it is platform called for ‘‘the establishment Hospital in Decatur, IL. Their presi- the nature of Islam to dominate, not to of a board of religious scholars with dent, Ken Smithmier, warned me that be dominated, to impose its law in all whom the President and the legislature the Medicare cuts required by the new nations and to extend its power to the would have to consult before passing health care law would cut $10 million entire planet.’’ laws.’’ annually from their hospital, resulting The Muslim Brotherhood has a vio- As noted by Mohamed Elmenshawy— in the loss of over 200 jobs. Decatur is lent history. Back in 1946, the U.S. the editor-in-chief of Taqrir Wash- not alone in its troubles. In nearly half Army issued an intelligence report ington and Arab Insight: of my State’s counties, hospitals are stating that the Muslim Brotherhood Reminiscent of Iran’s Guardian Council, among the top three employers. They ‘‘maintains commando units and secret this undemocratically selected body could are the backbone of our local econo- caches of arms.’’ have the power vested by the state to veto

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00038 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S469 any and all legislation passed by the Egyp- new law and the regulations imple- million Americans are searching for tian parliament and approved by the presi- menting it have caused many health new jobs, most of which are small busi- dent that is not compatible with Islamic insurers to stop selling child only nesses. Shari’a law. plans. We need to be encouraging our busi- The same document raises the impor- As a direct result of the new law, in- nesses to grow, not discouraging them. tant question of the Muslim Brother- surance plans in 34 States have stopped Over the last 2 years our economy has hood’s commitment to a pluralistic so- offering child-only plans, and parents lost almost 3 million jobs. Unfortu- ciety. Despite pledges to treat minori- in at least 20 states are no longer able nately, the health reform law makes a ties and women as equals, the platform to purchase any child only plans. This bad employment situation even worse. allows neither to hold high public of- is a devastating problem for parents Another consequence of the new fice. As stated in the platform: ‘‘Non- who need to buy health insurance plans health care law will be to increase the muslims are excused from holding this for their children. health insurance premiums paid by mission.’’ For women, the post of Many parents need to buy child only millions of Americans. During the President or Prime Minister would plans for their children, because their health care debate, GOP Senators high- ‘‘contradict her nature, social and jobs provide insurance for them but not lighted how the new health care law other humanitarian roles.’’ The draft for family members. Before the new will cause millions of Americans to pay also cautions against ‘‘burdening law took effect, these parents could higher health insurance premiums. women with the duties against their buy child only policies for their kids. In November of 2009, the Congres- nature or role in the family.’’ Unfortunately, because of the new law, sional Budget Office estimated that the The people of Egypt and apparently parents in 20 States no longer have this new law will increase health insurance its army are mandating the fall of the option. premiums by 10 to 13 percent. This Mubarak regime. While we support For other parents the cost of getting means families purchasing coverage on human rights and democracy, we must a family plan is too expensive, and their own will have to pay $2,100 a year heed the growing warnings about the their family budget can only afford to more because of the new law. Muslim Brotherhood, their leaders, and buy health insurance for their kids. The Joint Committee on Taxation es- plans for taking Egypt all the way Again, because of the new law these timates that many of the new taxes in- back to the 13th century. We, as Amer- parents in 20 States no longer have the cluded in the health care reform law icans, have seen this movie before—in ability to buy health insurance for will be passed on directly to con- Iran, in Lebanon, and in Gaza. their children. sumers. This means that each of these To prevent a strategic reversal on I recently got a letter from a disabled new taxes, including the $60 billion tax the scale of what happened in Iran, the Veteran in Wyoming. He wrote to tell on health plans, the $20 billion tax on United States and her allies should do me that because of the new law, he medical devices, and the $27 billion tax all they can to support Egypt’s armies can’t get health insurance for his kids. on prescription drugs, will further in- and secular leaders, ensuring no future He gets his health care from the VA so crease premiums for Americans. for the Muslim Brotherhood. Egypt, he doesn’t need a family policy. He In addition to CBO and JCT, six addi- locked under Shari’a law and oppress- needs a policy for his two kids. Because tional private actuarial analyses pub- ing women, Christians, and Jews, of how the law was drafted and then lished by Oliver Wyman, would be a catastrophic setback for implemented, this veteran now cannot PriceWaterhouseCoopers, the Hay progress in the Middle East. Such a get health insurance for his children. Group, Milliman, Wellpoint and Lewin state could renounce the Camp David I discussed this issue with Secretary have all shown that the new law could peace accords or even start yet another Sebelius at a hearing last week in the increase premiums, with increases war with Israel. HELP Committee and her reply was ranging as high as 60 percent. Decisive action and influence now that kids can enroll in SCHIP or the Additional studies by Milliman de- will benefit the national security and new high-risk pools. In fact, the vet- termined that because Medicaid pays economy of the United States later. eran in Wyoming doesn’t qualify for ei- doctors and hospitals below costs, The defeat of the Muslim Brotherhood ther. While some low income kids are these providers must increase their and victory for Egyptian secular na- eligible for public programs like SCHIP costs to everyone else, thereby costing tionalists would be the best way to or Medicaid and some sick kids are eli- the average American family an extra avoid war and restore economic con- gible for high-risk pools, many chil- $1,700 per year. Forcing 16 million more fidence in the Middle East and the dren are ineligible for any of these people on to Medicaid will further in- wider world. plans, and will now go without insur- crease insurance premiums for many Mr. ENZI. Madam President, I rise to ance as a result of the new law. Americans, as providers try to shift the urge my colleagues to vote to repeal Another unintended but easily pre- costs resulting from inadequate Med- the new health care law. Repeal is the dicted consequence of the new law is icaid reimbursements only way we can prevent the job losses, how the new law is undermining the The estimates of the law increasing insurance premiums increases and dev- economy and the preventing the cre- insurance premiums are already being astating Medicare cuts that are a di- ation of new jobs. During that same born out in the market. I heard from a rect consequence of the new health HELP Committee hearing, we also small business owner in Saratoga, WY, care law. heard the testimony of Mr. Joe Olivo, whose health insurance premiums are We are just now beginning to see who owns a small printing company in going up by 30 percent. many of the consequences resulting Moorestown, NJ. A 30-percent increase in health insur- from this poorly conceived, hurriedly Mr. Olivo told us how the new law ance premiums could tip him over the drafted 2,700 page law. Rather than will actually restrict his ability to ex- edge of staying in business or closing taking the time to get it right, the ma- pand his business and hire new work- his doors. He wrote to me to tell me jority rushed to enact this new law, de- ers. While he currently has 46 employ- that he is considering closing the doors spite the many warning signs pointing ees, he will do everything he can to not of his construction company because out serious flaws in the new law. hire 5 more people, in order to avoid he is having trouble making ends meet; These consequences are a result of the new law’s mandate to offer health he urged me to repeal the new health the majority willfully ignoring those insurance to his employees or pay a care law. who criticized their proposals and de- new tax. Small businesses across the Blue Shield of California—a non- ciding that folks in Washington knew country are being forced to make simi- profit health insurer—recently filed a what was best for small businesses and lar decisions, in order to avoid the $52 59-percent premium increase for some families across the country. billion in new taxes that the new law of their individual market plans and One example of this kind of unin- attempts to place on employers. said that at least a portion of its in- tended but easily predicted con- A study by the National Federation crease was a direct result of the new sequence is the impact on child only of Independent Business estimates that law. They estimate premiums will in- health plans. Last week, my staff con- the employer mandate will eliminate crease by 4 percent to comply with the ducted a survey, and found that the 1.6 million jobs at a time when over 15 new mandated benefit.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00039 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S470 CONGRESSIONAL RECORD — SENATE February 2, 2011 Another unintended yet easily pre- ficient, and offers consumers a ‘pas- courts have heard arguments about its dicted consequence is the impact of senger bill of rights.’ constitutionality; two have upheld the cutting $500 billion from the Medicare The Senate’s vote today follows the law as constitutional, and two have Program. You can’t cut a program by a carefully staged show vote a few weeks not. Legal challenges to the law are ex- $1⁄2 trillion and not expect to see de- ago by the new Republican majority in pected to reach the U.S. Supreme creases in covered benefits or access to the House of Representatives. The Court. providers. American people have the right to As I concluded during the debate on Republicans understand how impor- know what a vote to repeal the Afford- the Affordable Care Act, I have no tant Medicare is to nearly 46 million able Care Act really means. Repeal of doubt that Congress acted well within seniors and disabled Americans. We this law would take away the rights of the bounds of its constitutional au- want to protect and strengthen it. We millions of patients and would elimi- thority in working to secure affordable all know Medicare faces tremendous nate insurance coverage for millions health care for all Americans through challenges in the near future. more, from the aging and elderly, to this plan that is based on the long es- Yet the law cuts over $500 billion men and women with preexisting con- tablished health insurance market- from Medicare, not to strengthen Medi- ditions, to the most vulnerable chil- place. The testimony we heard today care, but to fund new entitlement dren. from constitutional scholars makes spending. More importantly, the new When you boil away the rhetoric, the clear that the language and spirit of law fails to address even the most basic only alternative offered to the Amer- the Constitution provides for such a re- problems with the Medicare Program, ican people by advocates of repeal is: sponse to a clearly established national such as the broken physician payment Don’t get sick. need, as do judicial precedent and prior formula. This amendment would turn back the acts of Congress that also protect hard- I have already heard from seniors in clock to a time when, once again, working Americans in the national Wyoming about how the new law is women would have to pay more for health care market and promote the hurting them. A lady from health insurance than men, insurance general welfare. Thermopolis, WY, wrote to tell me that companies could rescind a health insur- The Senate should not be spending she got a letter from her Medicare Ad- ance policy because someone gets sick, its valuable time relitigating a law vantage plan saying her premiums and coverage could forever be denied to that has already helped millions of were drastically increasing because of someone born with a disease or ail- Americans and will help millions more the changes made in the new law. ment. In Vermont, repeal would mean as the law is fully implemented. The She wrote say ‘‘unfortunately, my nearly 2,000 young adults would no American people rightly expect us to former policy was $0. The ones avail- longer have coverage through their work together and make progress on so able now—even the most expensive parents’ insurance plans, more than many challenges that we face today. one—have fewer benefits than what I 5,000 Vermont seniors would see an in- I will not support a return to less was getting for free before ObamaCare crease in the price of their prescrip- protection, less coverage, less fairness took so much money from Part C. For tions, and 350,000 Vermonters with pri- and higher costs. The Affordable Care instance, $45 for a specialist instead of vate insurance could have lifetime lim- Act extended health insurance to mil- $35; $10 for a generic drug instead of $6; its slapped on how much insurance lions of families in Vermont and across and up to $350 for tests, when the old companies will spend on their health the country. Those who represent the policy had a flat rate of $16 for tests. I care. American people in Congress should can’t afford the premiums on my So- Some in Congress want to drain fed- stand ready to get to work for their cial Security and am considering drop- eral spending on domestic programs constituents. This is not a time to cob- ping Part B, which would save me $97 while looking the other way in sup- ble back together a broken system that per month.’’ porting a repeal amendment that will has burdened most American house- These are real life examples of the accelerate the health cost spiral and holds with health coverage uncertainty impact this new law is having on ev- add to our ballooning deficit. The non- and crippling costs. eryday Americans. I get letters every partisan Congressional Budget Office Mr. LEVIN. Madam President, we are day from my constituents asking me to estimates that repeal of the Affordable here today, holding this debate, pre- repeal this new health care law that is Care Act would boost the federal debt paring for this vote, because our Re- limiting their freedoms and emptying and deficits by $230 billion. The eco- publican friends believe a collection of their pocketbooks. The Senate will nomic turmoil would reach beyond the myths. Some of them say they want to soon vote on whether or not to repeal overall costs of repeal by removing repeal a law that amounts to a ‘‘gov- the new health care law. I urge my col- vital antifraud provisions I have long ernment takeover’’ of health care. leagues to listen to their constituents advocated that have helped the Obama Some of them say they want to repeal and vote in favor of repeal. administration recover billions of tax- a bill that violates the Constitution. Madam President, we need to pursue payer dollars. Repealing the Affordable They say they want to repeal a law a step by step, bipartisan, approach to Care Act would remove these fiscal that will cut the benefits on which health reform that will reduce costs, safeguards and reopen the floodgates to Medicare recipients depend. Others say expand coverage and allow our econ- insurance discrimination, by putting they want to repeal a bill that will ex- omy to expand. Using that process will insurance companies back in charge. plode the deficit, or that they want to allow us to thereby avoid the unin- Opponents of the Affordable Care Act repeal the law because it will kill jobs. tended consequences of this deeply have gone to new lengths to repeat and If such a law existed, I would want to flawed new law. prolong this political battle. Not only repeal it too. Thankfully, the law Re- Mr. LEAHY. Madam President, the do they want to replay a 2-year long publicans describe is a fiction. 112th Congress began just 1 month ago, debate on a law that was enacted by a The Affordable Care Act, the law Re- with both sides of the political aisle decisive majority, but some opponents publicans want us to repeal, does not voicing a renewed commitment to co- are also replaying the debate in the take over the health care system; it operation. It is not hard to understand courts. These political opponents seek strengthens and protects our existing why I am disappointed that at the first to achieve in the courts what they private health insurance system. The opportunity, Senate Republicans have could not in Congress. They want independent fact checkers at chosen to manipulate the open amend- judges to override legislative decisions Politifact.com found that the law ‘‘is, ment process. The Senate minority is properly assigned by the Constitution at its heart, a system that relies on demanding a vote on an amendment to to Congress, the elected representa- private companies and the free mar- repeal the health care reform law in its tives of the American people. ket,’’ and called the claim that govern- entirety—an issue totally unrelated to Today, the Judiciary Committee held ment would take over the system the bill we are considering, the FAA a hearing on the constitutionality of Politifact’s ‘‘Lie of the Year.’’ Transportation Modernization Safety the historic Affordable Care Act. A This bill does not violate the Con- Improvement Act, which creates jobs, dozen federal courts have dismissed stitution. Opponents claim that the in- makes airline travel safer and more ef- challenges to the law. Another four dividual mandate included in this bill

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00040 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S471 violates the Constitution because it re- erate reform that in the coming years should act, but I strongly oppose one of quires citizens to purchase insurance; will make health insurance more af- the methods proposed to address this under their arguments, many other fordable and secure for those who have problem. That method would under- programs, including Medicare, would it today, and make affordable coverage mine Congress’s role in the constitu- violate the Constitution. Perhaps that available for millions of Americans tional scheme of separation of powers is what these opponents believe, but it who are now without it. It will reduce among the branches of government and is emphatically not what most Ameri- the deficit, protect the Medicare bene- it would abdicate Congress’s responsi- cans believe, and it is contrary to dec- fits that seniors depend on now and in bility to decide on the spending of tax- ades of legal precedent. the future, and help ensure that fami- payer dollars. We can and we should re- This law does not reduce care for lies can afford the insurance coverage move the 1099 burden on small busi- Medicare beneficiaries. In fact, most they need. It is unfortunate that so nesses. We can and we should do so Medicare recipients already enjoy ex- many of our colleagues subscribe to the without abandoning our role in deter- panded benefits under the Affordable mythical notions about this law. But mining Federal spending. The power of Care Act. As a result of this law, Medi- here, in the real world, we need to pre- the purse should not be handed to the care beneficiaries now receive preven- serve and protect the Affordable Care President, any President. The chal- tive care such as annual check-ups Act. lenge we face is that repealing the sec- with no out-of-pocket costs, and start- I yield the floor. tion 1099 provision carries a cost of ing last year this law began to shrink The PRESIDING OFFICER. The ma- about $22 billion over 10 years. The the ‘‘donut hole’’ that hits so many jority leader. mechanism that some support to meet Mr. REID. Madam President, I ask seniors with significant drug costs. The that cost would empower the Director unanimous consent that at 5:15 p.m. law strengthens Medicare by beginning of the Office of Management and Budg- today, the Senate proceed to votes in to rein in the enormous costs that et to decide by himself which funds we relation to the following amendments threaten to swamp the system in com- have appropriated but that have not to S. 223, the FAA authorization bill, in ing years, and it does so by encour- yet been obligated—which of those un- aging efficiency and reducing waste the order listed below: Levin amendment relative to repeal obligated funds should be cut to pay and abuse, not by cutting benefits. of 1099, the text of which is at the desk; the cost of repeal. The Affordable Care Act does not ex- To some this may be a convenient the Stabenow amendment No. 9, repeal plode the deficit. The independent, way to relieve Congress of its responsi- of 1099; and the McConnell amendment nonpartisan Congressional Budget Of- bility to make difficult choices. To No. 13, which is the repeal of health fice has found that repeal of the Afford- care reform; that no other amend- others it may be a convenient way to able Care Act would increase the def- ments, points of order or motions be in shift the blame for the painful impact icit by $143 billion over the first dec- order to these amendments prior to the of any cuts from Congress onto the ade, and by significantly more in the votes, except that a budget point of President. But what is convenient is years to follow. It is ironic in the ex- order, if applicable, remain in order to not always right. The Constitution treme that Senators who describe the each of these amendments, and if one is places in our hands and ours alone the 2010 election as a mandate to reduce raised, a motion to waive the budget authority to appropriate funds. We the deficit could now try to add $143 point of order be in order; that if the cannot statutorily pass that buck, and billion to that deficit as their first motion to waive is agreed to, the we should not. major action of the new Congress by amendment be considered agreed to; The Framers of the Constitution con- repealing the Affordable Care Act. and the Senate then proceed to vote in sciously and deliberately placed the This law does not kill jobs. Again, relation to the next amendment in the power of the purse in the hands of the independent observers have dismissed sequence; further, that the Levin Congress. James Madison described this claim as patently false. The inde- amendment be subject to a 60-vote this authority as, ‘‘the most complete pendent FactCheck.org called the threshold for its adoption and if it fails and effectual weapon with which any claim ‘‘exaggerated and misleading’’ to achieve 60 affirmative votes, the Constitution can arm the immediate and that Republicans have ‘‘badly mis- amendment be withdrawn. representatives of the people.’’ represented’’ findings by the Congres- Finally, that there be 2 minutes of We do not know what programs the sional Budget Office in making their debate, equally divided, prior to each Director of OMB will decide to reduce arguments. vote; and that all votes after the first under the approach that some have We should leave the realm of myth vote be limited to 10 minutes each. proposed, but I do know that what they and discuss what the Affordable Care The PRESIDING OFFICER. Is there are proposing is that this would be his Act does, in fact, do. objection? Without objection, it is so decision and his decision alone. What This law protects Americans from ordered. are some areas the OMB Director could abuses by insurance companies, such as Mr. KIRK. Madam President, I sug- unilaterally cut? What is the universe denial of coverage for preexisting con- gest the absence of a quorum. of the potential cuts? Do we care? We ditions or gender. It allows parents to The PRESIDING OFFICER. The surely should, because the implications keep children covered under their in- clerk will call the roll. for our constituents will be significant. surance plan until age 26. It requires The legislative clerk proceeded to Disaster Relief Enhancement Funds that coverage include preventive care call the roll. were set aside to help States affected at no out-of-pocket cost. It limits the Mr. LEVIN. Madam President, I ask by natural disasters in 2008. According unilateral power of insurance compa- unanimous consent that the order for to the Appropriations Committee, 13 nies to arbitrarily impose annual or the quorum call be rescinded. States received such funding and they lifetime coverage limits. Those arbi- The PRESIDING OFFICER. Without all have unobligated balances. Would trary limits have forced families to objection, it is so ordered. the Senators from those States turn choose between foregoing much-needed AMENDMENT NO. 28 over to the OMB Director the decision care and bankruptcy. Families will be Mr. LEVIN. Madam President, there whether to eliminate the unobligated protected from unexplained premium is, I believe, overwhelming bipartisan balances affecting their States? I would increases, and they will get clear, easy- support for repeal of the recent not. But that is what could happen to-read summaries of their options. changes to the 1099 reporting require- under the proposal that is going to be Small businesses will receive tax cred- ment. Small businesses in my State considered here later. its to help them provide affordable in- and across the country have told us The Appropriations Committee tells surance coverage to their workers. And that the new reporting requirements us that the EPA has $624 million in un- insurance companies will be prevented they face under the Affordable Care obligated balances in the Clean Water from rescinding coverage when pa- Act will create an unnecessary burden State Revolving Fund and $343 million tients need it most, when they get that can make already tough times in the Drinking Water State Revolving sick. even tougher. Fund. In addition, there is $388 million This law is not a government take- I believe there may even be a con- unobligated in specific State sewer pro- over of health care. It is sensible, mod- sensus among our colleagues that we grams approved by Congress. The two

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00041 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S472 CONGRESSIONAL RECORD — SENATE February 2, 2011 State revolving funds, $967 total, in- because spending is popular and so are made thereby, are hereby repealed; and the clude projects in all 50 of our States. tax cuts, and we have provided plenty Internal Revenue Code of 1986 shall be ap- So there is a $1.3 billion target that of both. It would certainly be easier for plied as if such section, and amendments, could affect sewer and drinking water all of us if we could hand somebody had never been enacted. else the authority to decide how to SEC. 1102. DENIAL OF DEDUCTION FOR MAJOR infrastructure in every one of our INTEGRATED OIL COMPANIES FOR States. We appropriated those funds remedy the excesses of the past. But we INCOME ATTRIBUTABLE TO DOMES- and if they are going to be cut, then we cannot and should not run from this re- TIC PRODUCTION OF OIL, GAS, OR should do the cutting and not hand sponsibility. PRIMARY PRODUCTS THEREOF. that power over to the executive Justice Kennedy once put it this (a) IN GENERAL.—Subparagraph (B) of sec- way: ‘‘Failure of political will does not tion 199(c)(4) of the Internal Revenue Code of branch, to the President’s OMB Direc- 1986 is amended by striking ‘‘or’’ at the end tor. justify unconstitutional remedies.’’ He added: ‘‘The Constitution is a compact, of clause (ii), by striking the period at the According to our Appropriations end of clause (iii) and inserting ‘‘, or’’, and Committee, the Department of Justice enduring for more than our time, and by inserting after clause (iii) the following had a total of $1.25 billion in unobli- one Congress cannot yield up its own new clause: gated funds as of November 30 last powers. . . . Abdication of responsi- ‘‘(iv) in the case of a taxpayer which is a year. It is probably lower now, but bility,’’ he said, ‘‘is not part of the con- major integrated oil company (as defined in what is it? What programs are part of stitutional design.’’ section 167(h)(5)(B)), oil related qualified pro- it? Do we know? Do we care? We surely We must not run from painful deci- duction activities (within the meaning of subsection (d)(9)(B)).’’. should. Will the OMB Director decide sions. Difficult or not, only the Con- gress can decide how to pay for repeal (b) CONFORMING AMENDMENT.—Section to cut funding for U.S. Attorneys’ in- of these reporting requirements. And 199(d)(9)(A) of the Internal Revenue Code of vestigations and prosecutions? What difficult or not, only Congress can de- 1986 is amended by inserting ‘‘(other than a about U.S. Marshals, who provide secu- major integrated oil company (as defined in cide the larger issue of how to bring rity to our courthouses? Will the OMB section 167(h)(5)(B))’’ after ‘‘taxpayer’’. our spending in line with our revenues. Director decide to reduce funding for (c) EFFECTIVE DATE.—The amendments If we cannot today exercise our respon- Project Gunrunner, which is focused on made by this section shall apply to taxable sibility on the finding of $22 billion to years beginning after December 31, 2010. firearms enforcement along the South- pay for the repeal of these reporting re- SEC. 1103. MODIFICATIONS OF FOREIGN TAX west border? quirements, how can we expect to tack- CREDIT RULES APPLICABLE TO NASA had a total unobligated bal- le the much larger budget deficit we DUAL CAPACITY TAXPAYERS. ance of $155 million as of the end of (a) IN GENERAL.—Section 901 of the Inter- face? January. About $10 million of that is nal Revenue Code of 1986 (relating to credit There is an alternative amendment for taxes of foreign countries and of posses- for Constellation, the follow-on which we are offering today. I, along manned space vehicle to the shuttle. sions of the United States) is amended by re- with Senator INOUYE and others, am According to the Appropriations designating subsection (n) as subsection (o) proposing today an amendment which and by inserting after subsection (m) the fol- Committee, in recent years spending will make specific decisions on spend- lowing new subsection: for the Women, Infants and Children ing cuts and revenue increases to ac- ‘‘(n) SPECIAL RULES RELATING TO DUAL CA- Program, the WIC Program, has to- count for the cost of repealing this pro- PACITY TAXPAYERS.— taled more than $6 billion. Is the OMB vision. We would reform unjustified tax ‘‘(1) GENERAL RULE.—Notwithstanding any other provision of this chapter, any amount Director going to decide to cut unobli- expenditures related to oil and gas pro- gated balances in the WIC Program? He paid or accrued by a dual capacity taxpayer duction by large oil companies, compa- to a foreign country or possession of the could do so if we adopt the approach nies that are enormously profitable that is going to be before us after the United States for any period with respect to with or without these tax expenditures. combined foreign oil and gas income (as de- vote on our amendment. I might agree Our amendment will reform a loophole fined in section 907(b)(1)) shall not be consid- to some of these cuts in a larger pack- that provides tax credits to filers who ered a tax to the extent such amount exceeds age but I would surely want to know pay taxes both in the United States the amount (determined in accordance with what is in the whole package so we can and in foreign countries, and our regulations) which would have been required adopt some priorities. amendment will eliminate some unin- to be paid if the taxpayer were not a dual ca- pacity taxpayer. I favor the repeal of the 1099 report- tended loopholes used to avoid clearly ing requirement and I favor paying the ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- intended rules on gift tax exemptions. poses of this subsection, the term ‘dual ca- cost of repeal, whether through spend- If there are better alternatives than ing reductions or closing tax loopholes. pacity taxpayer’ means, with respect to any the ones we are proposing, fine. Let’s foreign country or possession of the United But I strongly oppose paying for the re- consider them. But what we cannot States, a person who— peal by abdicating our power of the support is the abdication of our respon- ‘‘(A) is subject to a levy of such country or purse, the power we have under the sibility to make these decisions. It was possession, and Constitution. We cannot and we should the will and the wisdom of the Framers ‘‘(B) receives (or will receive) directly or not abdicate this to the executive of the Constitution to give us that re- indirectly a specific economic benefit (as de- branch to unilaterally make spending sponsibility and I urge our colleagues termined in accordance with regulations) cuts to programs we have previously from such country or possession.’’. not to shrink from it but to exercise it. (b) EFFECTIVE DATE.— enacted. I will yield the floor but first I call (1) IN GENERAL.—The amendments made by The provisions we are going to debate up our amendment and ask for its con- this section shall apply to taxes paid or ac- today but hopefully not adopt must sideration. crued in taxable years beginning after De- also be understood in a larger context, The PRESIDING OFFICER (Mr. cember 31, 2010. one that foresees the difficult decisions WHITEHOUSE). The clerk will report. (2) CONTRARY TREATY OBLIGATIONS ahead on how we will return to fiscal The legislative clerk read as follows: UPHELD.—The amendments made by this sec- discipline. There are many, perhaps The Senator from Michigan [Mr. LEVIN], tion shall not apply to the extent contrary even some in this Chamber, who be- for himself, Mr. INOUYE, Mr. LEAHY, Mr. to any treaty obligation of the United lieve that we in the Senate and here in SANDERS, Mr. ROCKEFELLER and Mrs. FEIN- States. the Congress are incapable of making STEIN, proposes an amendment numbered 28. SEC. 1104. RULES RELATING TO FOREIGN OIL The amendment is as follows: AND GAS INCOME. these decisions. They point out there (a) SEPARATE BASKET FOR FOREIGN TAX (Purpose: To repeal the expansion of infor- are only two ways of lowering the def- CREDIT.—Paragraph (1) of section 904(d) of icit, reducing spending or increasing mation reporting requirements under the the Internal Revenue Code of 1986 is amended taxes, and that neither of these is pop- Patient Protection and Affordable Care by striking ‘‘and’’ at the end of subparagraph Act, and for other purposes) ular with our constituents. They argue (A), by striking the period at the end of sub- On page 335, after line 20, insert the fol- paragraph (B) and inserting ‘‘, and’’, and by we will prove unable to muster the po- lowing: litical courage to make decisions that adding at the end the following: TITLE XI—ADDITIONAL PROVISIONS ‘‘(C) combined foreign oil and gas income we know will be unpopular, and there SEC. 1101. REPEAL OF EXPANSION OF INFORMA- (as defined in section 907(b)(1)).’’ is some truth in those sentiments. Re- TION REPORTING REQUIREMENTS. (b) COORDINATION.—Section 904(d)(2) of the storing fiscal balance will be painful Section 9006 of the Patient Protection and Internal Revenue Code of 1986 is amended by and we are in the fiscal hole we are in Affordable Care Act, and the amendments redesignating subparagraphs (J) and (K) as

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00042 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S473 subparagraphs (K) and (L) and by inserting proposes to rescind $44 billion from un- from programs already expected to be after subparagraph (I) the following: obligated balances of appropriated awarded, and will fall particularly hard ‘‘(J) COORDINATION WITH COMBINED FOREIGN funds that are designated for specific on States with large problems with OIL AND GAS INCOME.—For purposes of this purposes in various appropriations bills crime. section, passive category income and general category income shall not include combined previously enacted by Congress. The A cut of $95 million from the DEA foreign oil and gas income (as defined in sec- Senator offers these rescissions in would mean halting efforts to go after tion 907(b)(1)).’’ order to offset the loss of revenues re- and take down Mexican drug cartels, to (c) CONFORMING AMENDMENTS.— sulting from an amendment. enforce narcoterrorist investigations, (1) Section 907(a) of the Internal Revenue This amendment is a perfect rep- and information sharing, and to ad- Code of 1986 is hereby repealed. resentation of what I expect to be a dress emerging technologies used by (2) Section 907(c)(4) of such Code is hereby flood of similar amendments and drug traffickers. The TSA stands to repealed. stand-alone bills that seek to evis- (3) Section 907(f) of such Code is hereby re- lose $674 million of funds to procure pealed. cerate the nondefense functions of the and install over 200 explosive detecting (d) EFFECTIVE DATES.— Federal Government. With the excep- systems at airports across the Nation. (1) IN GENERAL.—The amendments made by tion of the proposal from the junior Finally, the U.S. Marshals would face this section shall apply to taxable years be- Senator from Kentucky, which had the a cut of $48.7 million, bringing an end ginning after December 31, 2010. courage to list each and every cut he to courthouse security equipment (2) TRANSITIONAL RULES.— proposed, I expect many other bills and projects and also halting Marshals’ op- (A) CARRYOVERS.—Any unused foreign oil amendments will be blanket rescis- erations in the Southwest border where and gas taxes which under section 907(f) of the Internal Revenue Code of 1986 (as in ef- sions that leave it to the executive they engage in activities such as track- fect before the amendment made by sub- branch to decide how the taxpayers’ ing fugitives. section (c)(3)) would have been allowable as a moneys will be spent. These bills and Supporters of the Stabenow amend- carryover to the taxpayer’s first taxable amendments turn the constitutional ment would claim that I am using year beginning after December 31, 2010 (with- separation of powers on its head and scare tactics, painting a dark picture out regard to the limitation of paragraph (2) provide a terribly dangerous precedent. when the real cuts are not as dev- of such section 907(f) for first taxable year) In the specific case of the Stabenow astating. shall be allowed as carryovers under section amendment, it simply provides for ge- How can anyone stand here and claim 904(c) of such Code in the same manner as if neric rescission of funds, with the au- we can cut $44 billion and not have it such taxes were unused taxes under such sec- tion 904(c) with respect to foreign oil and gas thority and decisionmaking on the pro- hurt our States and our constituents? extraction income. grams to be impacted delegated en- This amount is equivalent to funding (B) LOSSES.—The amendment made by sub- tirely to the executive branch. Re- the entire Department of Homeland Se- section (c)(2) shall not apply to foreign oil scinding funds in this manner, as curity, which covers everything from and gas extraction losses arising in taxable pointed out by Senator LEVIN, may be the Coast Guard to FEMA, from the years beginning on or before the date of the politically convenient as it simply Secret Service to the Border Patrol. enactment of this Act. cites the top line number of $44 billion, No one denies that waste, fraud, and SEC. 1105. REQUIRED MINIMUM 10-YEAR TERM, but it is also thoughtless and rash. It abuse exist and that we need to con- ETC., FOR GRANTOR RETAINED AN- NUITY TRUSTS. will serve to shelter those who vote in tinue to enact reforms that will lesson (a) IN GENERAL.—Subsection (b) of section its favor from the righteous anger of waste, convict those who would defraud 2702 of the Internal Revenue Code of 1986 is Americans whose lives are disrupted the government, and eliminate abuses amended— when important and, in some cases, of programs that are designed to help (1) by redesignating paragraphs (1), (2), and vital projects and programs are shut those who need it most. But if this (3) as subparagraphs (A), (B), and (C), respec- down as they inevitably will be, should amendment is signed into law, then 60 tively, and by moving such subparagraphs (as so redesignated) 2 ems to the right, the amendment be agreed to. days later we will all get a harsh re- (2) by striking ‘‘For purposes of’’ and in- I can also promise that if this amend- minder that campaigning against serting the following: ment is enacted into law, the force of waste, fraud, and abuse is not the same ‘‘(1) IN GENERAL.—For purposes of’’, these cuts will be felt in each of the 50 thing as implementing a policy that (3) by striking ‘‘paragraph (1) or (2)’’ in States, and the capricious nature of cuts billions of dollars in useful spend- paragraph (1)(C) (as so redesignated) and in- the cuts will only deepen the pain. ing. These rescissions will hurt individ- serting ‘‘subparagraph (A) or (B)’’, and I know that because we are in the uals, they will hurt communities and (4) by adding at the end the following new middle of the second quarter of the fis- jeopardize safety of life and our secu- paragraph: cal year operating under a CR. Con- rity. ‘‘(2) ADDITIONAL REQUIREMENTS WITH RE- sequently, as I explained in November, SPECT TO GRANTOR RETAINED ANNUITIES.—For Let me also point out to my col- purposes of subsection (a), in the case of an the only unobligated balances remain- leagues that if this amendment is en- interest described in paragraph (1)(A) (deter- ing outside of those for operating under acted, we cannot stop rescissions of un- mined without regard to this paragraph) a CR in 2011 are those accounts that obligated balances from a single ac- which is retained by the transferor, such in- have slow spend rates, such as con- count we may view as vital because the terest shall be treated as described in such struction and infrastructure accounts. amendment gives sole decisionmaking paragraph only if— That is why it is taking $44 billion in power in identifying cuts to the execu- ‘‘(A) the right to receive the fixed amounts rescissions to pay for a $19 billion prob- referred to in such paragraph is for a term of tive branch. not less than 10 years, lem. As a result, we will be cutting I will say this again. This amend- ‘‘(B) such fixed amounts, when determined deeply into our nondefense discre- ment is not in the best interests of the on an annual basis, do not decrease relative tionary programs without congres- Senate, it is not in the best interests of to any prior year during the first 10 years of sional guidance and without any anal- our democratic priorities, and it is cer- the term referred to in subparagraph (A), and ysis of the ultimate costs and impacts. tainly not in the best interests of the ‘‘(C) the remainder interest has a value This approach is simply irresponsible. American people. greater than zero determined as of the time While we cannot say with certainty If it is indeed the will of the Senate of the transfer.’’. what the cuts will be because the exec- to eviscerate these critical programs, (b) EFFECTIVE DATE.—The amendments made by this section shall apply to transfers utive branch will have complete au- let’s stop hiding behind generic rescis- made after the date of the enactment of this thority over what programs will be im- sions. Let’s instead support the Levin Act. pacted, I believe the following cuts are amendment, which offsets a revenue The PRESIDING OFFICER. The Sen- likely: State and local law enforcement loss with a revenue gain, which elimi- ator from Hawaii. will face cuts of $200 million to $300 nates unnecessary tax loopholes, and Mr. INOUYE. Mr. President, I rise million in grant programs, including which will leave important national today in support of the Levin amend- $82 million in Violence Against Women priorities intact. ment, which I believe is a far superior grants, $81 million in Byrne and other I yield the floor. alternate to the Stabenow amendment Office of Justice grants, and $10 million The PRESIDING OFFICER. Under as it currently stands. The amendment in Juvenile Justice grants. Cutting the previous order, there will be 2 min- offered today by Senator STABENOW these grant funds will take funding utes of debate equally divided prior to

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00043 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S474 CONGRESSIONAL RECORD — SENATE February 2, 2011 a vote in relation to amendment No. 28, will address a burdensome regulation Collins Johnson (WI) Portman Conrad Kerry Pryor offered by the Senator from Michigan, we have all talked about. We need to Coons Kirk Risch Mr. LEVIN. repeal an unnecessary, burdensome Corker Klobuchar Roberts Mr. LEVIN. Mr. President, I have provision in the law that would require Cornyn Kohl Rockefeller just spoken on this. I ask unanimous 40 million businesses in America, most Crapo Kyl Rubio DeMint Landrieu Sessions consent that we be allowed to yield of them small businesses, to file 2,000 Ensign Lee Shaheen back the time on both sides. percent more paperwork with the IRS. Enzi Lugar Shelby The PRESIDING OFFICER. Without We have a chance to do something Feinstein Manchin Snowe objection, it is so ordered. Graham McCain Stabenow about that with this amendment. Grassley McCaskill Tester Mr. LEVIN. Mr. President, I ask for I wish to thank Senator BAUCUS and Hagan McConnell Thune the yeas and nays. his staff for their work. I wish to thank Hatch Menendez Toomey The PRESIDING OFFICER. Is there a Senator JOHANNS for his work and my Hoeven Merkley Udall (CO) Hutchison Moran Udall (NM) sufficient second? colleagues who are cosponsoring this Inhofe Murkowski Vitter There is a sufficient second. amendment. I also wish to thank the 11 Isakson Nelson (NE) Webb The question is on agreeing to the business organizations supporting this, Johanns Nelson (FL) Wicker amendment. including the Chamber, the Farm Bu- Johnson (SD) Paul Wyden The clerk will call the roll. reau, the Motor & Equipment Manufac- NAYS—17 The assistant legislative clerk called turers Association, the National Asso- Akaka Inouye Reed the roll. ciation of Manufacturers, Realtors, Carper Lautenberg Reid Mr. DURBIN. I announce that the Durbin Leahy Sanders NFIB, the Small Business & Entrepre- Franken Levin Senator from Connecticut (Mr. Schumer neurship Council. Gillibrand Mikulski Whitehouse LIEBERMAN) and the Senator from Vir- This is an amendment that is fully Harkin Murray ginia (Mr. WARNER) are necessarily ab- paid for without raising taxes, while it NOT VOTING—2 sent. protects our Nation’s defense, our vet- Lieberman Warner The PRESIDING OFFICER. Are there erans, and our Social Security. So I The PRESIDING OFFICER. On this any other Senators in the Chamber de- would hope we would all join in sup- siring to vote? vote, the yeas are 81, the nays are 17. porting this effort to make a needed Three-fifths of the Senators duly cho- The result was announced—yeas 44, change that eliminates burdensome pa- nays 54, as follows: sen and sworn having voted in the af- perwork for our small businesses. firmative, the motion is agreed to. [Rollcall Vote No. 7 Leg.] The PRESIDING OFFICER. The Sen- The motion to waive having been YEAS—44 ator’s time has expired. agreed to, the amendment is agreed to Akaka Hagan Murray Who yields time in opposition? under the previous order. Baucus Harkin Nelson (FL) The Senator from Hawaii. AMENDMENT NO. 13 Bennet Inouye Reed Blumenthal Johnson (SD) Reid Mr. INOUYE. Mr. President, I yield The PRESIDING OFFICER. Under Boxer Kerry Rockefeller back my time. But I make a point of the previous order, there will now be 2 Brown (OH) Klobuchar Sanders order that the pending amendment vio- minutes of debate equally divided prior Cantwell Kohl Schumer lates section 311 of S. Con. Res. 70, the to a vote in relation to amendment No. Cardin Lautenberg Shaheen Carper Leahy concurrent resolution on the budget for 13 offered by the Republican leader. Stabenow Casey Levin Tester fiscal year 2009. The PRESIDING OFFICER. The Sen- Coons Manchin Udall (CO) The PRESIDING OFFICER. The Sen- ator from North Dakota. Durbin McCaskill Feinstein Menendez Udall (NM) ator from Michigan. Mr. CONRAD. Mr. President, I rise to Franken Merkley Whitehouse Ms. STABENOW. Mr. President, pur- make a point of order that the pending Gillibrand Mikulski Wyden suant to section 904 of the Congres- amendment violates section 311 of S. NAYS—54 sional Budget Act of 1974, the waiver Con. Res. 70, the concurrent resolution on the budget for fiscal year 2009. Alexander DeMint McConnell provisions of applicable budget resolu- Ayotte Ensign Moran tions, and section 4(g)(3) of the Statu- Mr. President, the amendment will Barrasso Enzi Murkowski tory Pay-As-You-Go Act of 2010, I move significantly worsen the deficit—a fact Begich Graham Nelson (NE) to waive all applicable sections of confirmed by the CBO in a letter to Bingaman Grassley Paul Speaker BOEHNER on January 6. The Blunt Hatch Portman those acts and applicable budget reso- Boozman Hoeven Pryor lutions for the purposes of the pending CBO letter says clearly they estimate Brown (MA) Hutchison Risch that enacting the health care law re- Burr Inhofe Roberts amendment, and I ask for the yeas and nays. peal would increase Federal deficits in Chambliss Isakson Rubio the decade after 2019 by an amount Coats Johanns Sessions The PRESIDING OFFICER. Is there a that is in the broad range around one- Coburn Johnson (WI) Shelby sufficient second? There is a sufficient Cochran Kirk Snowe half percent of GDP for that period. second. Collins Kyl Thune The GDP for that period is $293 trillion. Conrad Landrieu Toomey The question is on agreeing to the Mr. President, one-half of 1 percent is Corker Lee Vitter motion. Cornyn Lugar Webb an increase in the deficit and debt of The clerk will call the roll. Crapo McCain Wicker this country of more than $1.4 trillion. The bill clerk called the roll. NOT VOTING—2 We have heard colleagues on all sides Mr. DURBIN. I announce that the Lieberman Warner say we have to get our deficits and debt Senator from Connecticut (Mr. under control. Yet one of the first The PRESIDING OFFICER. On this LIEBERMAN) and the Senator from Vir- measures is to explode the deficits and vote, the yeas are 44, the nays are 54. ginia (Mr. WARNER) are necessarily ab- debt, add $1.4 trillion to the debt. That Under the previous order requiring 60 sent. is not just irresponsible, it is reckless. votes for the adoption of this amend- The PRESIDING OFFICER. Are there I urge my colleagues to support the ment, the amendment is withdrawn. any other Senators in the Chamber de- budget point of order. AMENDMENT NO. 9 siring to vote? The PRESIDING OFFICER. The Re- The PRESIDING OFFICER. Under The yeas and nays resulted—yeas 81, publican leader is recognized. the previous order, there will now be 2 nays 17, as follows: Mr. MCCONNELL. Mr. President, minutes of debate, equally divided, [Rollcall Vote No. 8 Leg.] only in Washington could you argue prior to a vote in relation to amend- YEAS—81 with a straight face that starting a new ment No. 9, offered by the Senator Alexander Blumenthal Cantwell multitrillion-dollar entitlement pro- from Michigan, Ms. STABENOW. Ayotte Blunt Cardin gram is going to save money. CBO The Senator from Michigan. Barrasso Boozman Casey could only look at the proposition that Ms. STABENOW. Mr. President, we Baucus Boxer Chambliss was presented to it, which frontloads Begich Brown (MA) Coats all know that small business is the en- Bennet Brown (OH) Coburn tax increases in Medicare cuts and gine of the economy. This amendment Bingaman Burr Cochran backloads benefits.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00044 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S475 Therefore, pursuant to section 904 of VOTE EXPLANATIONS their parent’s plan and stopped insur- the Congressional Budget Act of 1974 ∑ Mr. LIEBERMAN. Mr. President, I ers from denying coverage to children and section 4(G)(3) of the Statutory regret having missed votes to consider due to a preexisting condition. Small Pay-As-You-Go Act of 2010, I move to amendments to the FAA Air Transpor- businesses are benefiting from tax waive all applicable sections of those tation Modernization and Safety Im- credits to cover the cost of offering acts and applicable budget resolutions provement Act. I was celebrating the health insurance coverage to their em- for purposes of my amendment and ask joyous occasion of my newest ployees. for the yeas and nays. grandson’s birth with my wife and chil- The Congressional Budget Office has Mr. REID. Mr. President, we are dren. stated that repealing the health care going to have no more votes tonight. Had I been present, I would have reform law would add $230 billion to We have an amendment that Senator voted to oppose the motion to waive the deficit and take away these imme- WHITEHOUSE is waiting to offer, and the Budget Act on the amendment to diate benefits and many other critical there are a number of other FAA-re- repeal the landmark health care re- delivery systems reforms which cur- lated amendments. We hope to have a form legislation, the Patient Protec- rently are being implemented. Taking productive day tomorrow. In the near tion and Affordable Care Act. This law us back to the status quo is not an op- future, we hope to develop a finite list provides health care coverage to more tion. of amendments so we can conclude this than 30 million Americans and also re- This law is not perfect, nor will it be bill. duces the deficit. The benefits that the final say in efforts to ensure that The PRESIDING OFFICER. Is there a have already been achieved by this law we have a quality, affordable health sufficient second? There is a sufficient are substantial. Its repeal would force care system which works for American second. seniors to pay more for their drug cov- families and businesses.I have contin- The question is on agreeing to the erage, businesses would lose valuable ued to push for fixes to parts of this motion to waive. The yeas and nays tax credits that enable them to provide law, including repealing the provision have been ordered. The clerk will call health care coverage to their employ- which placed a burdensome require- the roll. ees, and millions of Americans would ment on small businesses to file a form The assistant legislative clerk called no longer receive vital consumer pro- 1099, and will continue to pursue addi- the roll. tections from the health insurance in- tional steps to further lower health Mr. DURBIN. I announce that the dustry. Additionally, this law extends care costs. Senator from Connecticut (Mr. the solvency of Medicare for 12 more I look forward to working with my LIEBERMAN) and the Senator from Vir- years. colleagues from both sides of the aisle ginia (Mr. WARNER) are necessarily ab- I have said before that a law this to provide affordable, quality care to sent. comprehensive would not be without all Americans.∑ The PRESIDING OFFICER (Mr. BEN- flaws. I will support efforts to The PRESIDING OFFICER. The Sen- NET). Are there any other Senators in strengthen the Affordable Care Act and ator from Maine is recognized. the Chamber desiring to vote? reduce the unintended consequences Ms. COLLINS. I thank the Chair. The yeas and nays resulted—yeas 47, from it. I do not, however, support its (The remarks of Ms. COLLINS per- nays 51, as follows: repeal, which would not only be risky taining to the introduction of S. 261 are printed in today’s RECORD under [Rollcall Vote No. 9 Leg.] for our economy, but would have the ‘‘Statements on Introduced Bills and YEAS—47 effect of increasing the number of unin- sured and causing vital programs such Joint Resolutions.’’) Alexander Ensign McConnell The PRESIDING OFFICER. The Sen- Ayotte Enzi Moran as Medicare to face insolvency in the Barrasso Graham Murkowski very near future. ator from Rhode Island. Blunt Grassley Paul Had I been present, and consistent AMENDMENT NO. 8 Boozman Hatch Portman with my desire to continue to improve Mr. WHITEHOUSE. Mr. President, I Brown (MA) Hoeven Risch Burr Hutchison the Affordable Care Act, I would have ask unanimous consent to set aside Roberts any pending amendment and call up Chambliss Inhofe Rubio supported both Senators LEVIN and Coats Isakson Sessions STABENOW’s amendments to repeal the amendment No. 8. Coburn Johanns Shelby The PRESIDING OFFICER. The Cochran Johnson (WI) form 1099 reporting requirement. This Snowe Collins Kirk provision imposes an onerous compli- clerk will report the amendment. Corker Kyl Thune The legislative clerk read as follows: Toomey ance obligation on businesses of all Cornyn Lee The Senator from Rhode Island [Mr. Vitter sizes, and Congress should act quickly Crapo Lugar WHITEHOUSE], for himself, Mr. KIRK, Mrs. DeMint McCain Wicker to remove that burden and allow busi- nesses to direct their time, energy, and BOXER, Mr. DURBIN, Mr. CASEY, Mr. MENEN- NAYS—51 DEZ, and Mr. SCHUMER, proposes an amend- resources to growing their businesses ment numbered 8. Akaka Gillibrand Murray and creating new jobs.∑ Baucus Hagan Nelson (NE) ∑ Mr. WARNER. Mr. President, I voted Mr. WHITEHOUSE. Mr. President, I Begich Harkin Nelson (FL) ask unanimous consent to waive fur- Bennet Inouye Pryor for the Affordable Care Act because the Bingaman Johnson (SD) Reed current health care system is simply ther reading of the amendment. The PRESIDING OFFICER. Without Blumenthal Kerry Reid unsustainable and it will bankrupt our Boxer Klobuchar Rockefeller objection, it is so ordered. Nation. This law helps lay the ground- Brown (OH) Kohl Sanders The amendment is as follows: Cantwell Landrieu Schumer work for containing health care costs (Purpose: To amend title 18, United States Cardin Lautenberg Shaheen through leveraging private sector inno- Carper Leahy Stabenow Code, to provide penalties for aiming laser Casey Levin Tester vation and competition to improve the pointers at airplanes, and for other pur- Conrad Manchin Udall (CO) quality and value of care in this coun- poses) Coons McCaskill Udall (NM) try. I was unable to vote today because At the end of title VII, add the following: Durbin Menendez Webb Feinstein Merkley Whitehouse of a family emergency, but I wanted to SEC. 733. PROHIBITION AGAINST AIMING A Franken Mikulski Wyden register my strong opposition to Sen- LASER POINTER AT AN AIRCRAFT. ator MCCONNELL’s amendment which (a) OFFENSE.—Chapter 2 of title 18, United NOT VOTING—2 would repeal the Affordable Care Act. States Code, is amended by adding at the end Lieberman Warner The Affordable Care Act is already the following: The PRESIDING OFFICER. On this helping millions of Virginians and ‘‘§ 39A. Aiming a laser pointer at an aircraft vote, the yeas are 47, the nays are 51. Americans. The law has helped lower ‘‘(a) Whoever knowingly aims the beam of Three-fifths of the Senators duly cho- prescription costs for seniors, including a laser pointer at an aircraft in the special sen and sworn not having voted in the over 63,000 Medicare beneficiaries in aircraft jurisdiction of the United States, or at the flight path of such an aircraft, shall affirmative, the motion is rejected. the Commonwealth of Virginia. It has be fined under this title or imprisoned not The motion to waive having been re- provided affordable coverage for mil- more than 5 years, or both. jected, the point of order is sustained lions of young adults throughout the ‘‘(b) As used in this section, the term ‘laser and the amendment falls. country who have been able to stay on pointer’ means any device designed or used

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00045 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S476 CONGRESSIONAL RECORD — SENATE February 2, 2011 to amplify electromagnetic radiation by and landing, poses an unacceptable risk airplanes nearly doubled in one year to more stimulated emission that emits a beam de- to the traveling public, to our pilots, than 2,800. The inappropriate use of widely signed to be used by the operator as a point- and to citizens on the ground. For this available laser pointers against airborne er or highlighter to indicate, mark, or iden- reason, Secretary of Transportation flight crews is a genuine safety and security tify a specific position, place, item, or ob- concern and is simply unacceptable. At a ject. Ray LaHood recently described laser minimum, the laser illumination of a cock- ‘‘(c) This section does not prohibit aiming incidents as ‘‘a serious safety issue.’’ pit creates a flight crew distraction and in a beam of a laser pointer at an aircraft, or The problem is growing. According to more serious cases can result in eye damage the flight path of such an aircraft, by— a recent report by the Federal Aviation and temporary incapacitation. ‘‘(1) an authorized individual in the con- Administration, 2,836 pilots reported Along with a number of federal law en- duct of research and development or flight that they were targeted with lasers in forcement organizations, ALPA has long test operations conducted by an aircraft 2010, nearly double the number in 2009. maintained that the reckless and malicious manufacturer, the Federal Aviation Admin- In other words, every day, eight pilots laser illumination of airliners should be prosecuted as a specific federal offense and istration, or any other person authorized by and the passengers they fly are put at the Federal Aviation Administration to con- not solely as a violation of state laws. This duct such research and development or flight risk in the manner I described. The amendment ensures that such activity will, test operations; problem affects airports of all sizes in fact, be classified and prosecuted in that ‘‘(2) members or elements of the Depart- across the country. manner and will provide additional benefit ment of Defense or Department of Homeland At T.F. Green Airport, for instance, by informing the public that shining laser Security acting in an official capacity for in my home State of Rhode Island, beams into aircraft cockpits is a dangerous the purpose of research, development, oper- there were 12 such reported incidents offense which will be met with serious con- ations, testing or training; or just in the last year. The problem also sequences. ‘‘(3) by an individual using a laser emer- ALPA applauded the U.S. House of Rep- is worsening as new and more powerful resentatives last year for passing similar leg- gency signaling device to send an emergency lasers become commercially available. distress signal. islation, the Securing Aircraft Cockpits ‘‘(d) The Attorney General, in consultation These new lasers emit an increasingly Against Lasers Act of 2010. It should be noted with the Secretary of Transportation, may bright beam that can reach aircraft that the House Judiciary Committee has this provide by regulation, after public notice miles away from the airport. year unanimously reported out an identical and comment, such additional exceptions to Current Federal law does not provide bill, H.R. 386. Again, we urge you to support the this section, as may be necessary and appro- prosecutors with ready tools to pros- Whitehouse-Kirk-Boxer amendment which priate. The Attorney General shall provide ecute and thus deter this dangerous will enhance the safety and security of all written notification of any proposed regula- conduct. Ill-fitting existing statutes airline passengers and crewmembers. tions under this section to the Committees occasionally can be used, but only in Sincerely, on the Judiciary of the Senate and the House limited cases, leaving even identified LEE MOAK, of Representatives, the Committee on Com- President. merce, Science and Transportation of the perpetrators to go unpunished. My Senate, and the Committee on Transpor- amendment would solve this problem NATIONAL ASSOCIATION OF tation and Infrastructure of the House of by creating a criminal offense that POLICE ORGANIZATIONS, INC., Representatives, not less than 90 days before clearly and distinctly covers this Alexandria, VA, February 1, 2011. such regulations become final.’’. harmful conduct. It would explicitly Hon. SHELDON WHITEHOUSE, (b) CLERICAL AMENDMENT.—The table of criminalize knowingly aiming the U.S. Senate, sections at the beginning of chapter 2 of title beam of a laser pointer at an aircraft. Washington, DC. 18, United States Code, is amended by insert- DEAR SENATOR WHITEHOUSE: On behalf of ing after the item relating to section 39 the Violations would lead to punishment of imprisonment for up to 5 years or fines the National Association of Police Organiza- following new item: tions (NAPO), representing 241,000 rank-and- ‘‘39A. Aiming a laser pointer at an aircraft.’’. of up to $250,000. The legislation would exempt valid file police officers from across the United Mr. WHITEHOUSE. Mr. President, I States, I would like to thank and commend uses of lasers in the aviation context, rise to speak in support of this amend- you for your support to secure aircraft cock- such as designated research and devel- ment I have offered with Senators pits against laser pointers. The House of opment activities, flight test oper- Representatives Judiciary Committee re- KIRK, BOXER, DURBIN, CASEY, MENEN- ations, training, and emergency sig- cently passed H.R. 386, a bill that would pro- DEZ, and SCHUMER to secure aircraft naling. Prosecutors would gain a new, hibit the aiming of a laser beam at an air- cockpits against lasers. This common- valuable tool to protect air safety craft or in its flight path by punishing of- sense and bipartisan amendment would without any burden being imposed on fenders with an imposed fine or prison term. protect passengers and pilots by mak- The Federal Flight Deck Officers Associa- the legitimate use of lasers. tion is a member of NAPO. Together, we ing it a Federal criminal offense to Comparable bipartisan legislation knowingly aim the beam of a laser at have a vested interest in protecting pilots has previously passed the House of and passengers from the harmful effects of an aircraft. Representatives and was reported fa- As explained in a recent article in laser pointers. On January 19, 2010, the Fed- vorably out of the House Judiciary eral Aviation Administration announced the New York Times, ‘‘a beam that is Committee this year. It is widely sup- that the reports of laser pointers being 1⁄25 of an inch wide at its origin can be ported. For example, this amendment pointed at aircrafts basically doubled in one 2 to 3 feet wide by the time it reaches is supported by the Airline Pilots Asso- year from 1,400 to 2,800 incidents. Laser an airliner approaching or departing an ciation and the National Association of beams pointed at an aircraft can cause tem- airport.’’ As a result, when targeted at porary blindness to pilots and jeopardize Police Organizations. aviation security. aircraft, laser stripes can instantly Mr. President, I ask unanimous con- flash across the cockpit, temporarily Helping to protect our nation from poten- sent to have printed in the RECORD let- blinding the pilot and the crew. One tial gaps in the enforcement of homeland se- ters from those organizations. curity is one of NAPO’s top priorities. NAPO pilot described the feeling of being hit There being no objection, the mate- urges both chambers to take swift action in by a laser like this: rial was ordered to be printed in the passage of legislation that seeks to bolster It immediately lit up the whole cockpit RECORD, as follows: security and thwart criminal acts. and it hit both of my eyes and burned both Securing cockpits is an important safety GOVERNMENT AFFAIRS DEPARTMENT, of my corneas. Instantly, I was blinded. It measure that law enforcement is willing to AIR LINE PILOTS ASSOCIATION, felt like I was hit in the face with a baseball support. NAPO believes H.R. 386 and com- INTERNATIONAL, bat—just an intense burning pain. panion legislation is essential to assist the Washington, DC, February 1, 2011. law enforcement community in the protec- FAA Administrator Randy Babbitt DEAR SENATOR: On behalf the Air Line Pi- tion of our nation from security threats. If similarly recently warned that lasers lots Association, International (ALPA) you have any questions on how NAPO can which represents 53,000 pilots who fly for 38 can ‘‘damage a pilot’s eyes or cause support your efforts, please feel free to con- airlines in the U.S. and Canada, I urge you to temporary blindness.’’ Indeed, pilots tact me, or NAPO’s Director of Government support the Whitehouse-Kirk-Boxer amend- have described the need to hand con- Affairs, Rachel Hedge. ment to protect aircraft flight decks from trol of their aircraft to a copilot as a Sincerely, the threat posed by laser illuminations as WILLIAM J. JOHNSON, result of one of these incidents. the Senate considers S. 223, the FAA reau- Executive Director. It goes without saying that such a thorization bill. threat to a pilot’s sight, particularly On January 19, the FAA announced that Mr. WHITEHOUSE. Mr. President, I during the critical phases of takeoff the number of reports of lasers pointed at thank Senators KIRK, BOXER, DURBIN,

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00046 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S477 CASEY, MENENDEZ, and SCHUMER for ate proceed to a period of morning dangered Species List despite a popu- their leadership on this issue. I also business, with Senators permitted to lation in excess of agreed upon recov- thank our partners in the House for speak for up to 10 minutes each. ery goals was the last straw. It is evi- their work, and let me thank Chairman The PRESIDING OFFICER. Without dent now that science is not driving re- ROCKEFELLER and Ranking Member objection, it is so ordered. covery; rather, judicial decisions and HUTCHISON for considering this amend- f consent agreements with special inter- ment. est groups are dictating the fate of I hope Senators on both sides of the TRIBUTE TO ANDRE KIRK AGASSI wolves and impacted communities. De- aisle will join me in voting for this Mr. REID. Mr. President, I rise today spite the authorities and responsibil- amendment that will protect our pub- to recognize the extraordinary achieve- ities conveyed to States by Congress lic safety against this new hazard. ments of Andre Kirk Agassi, profes- under section 6 of the Endangered Spe- Mr. President, I yield the floor. sional tennis player and fellow Ne- cies Act, State wildlife agencies have The PRESIDING OFFICER. The Sen- vadan, for his induction into the Inter- become mere bystanders in wolf man- ator from West Virginia. national Tennis Hall of Fame earlier agement under this paradigm. Mr. ROCKEFELLER. Mr. President, I this month. Take the Mexican gray wolf in the ask unanimous consent to be added as He was born on April 29, 1970, in Las Southwest. The U.S. Fish and Wildlife a cosponsor to this superb amendment. Vegas to Mike and Betty Agassi. The Service, USFWS, has not been able to The PRESIDING OFFICER. Without son of a former Iranian Olympic boxer, revise the recovery plan for that wolf objection, it is so ordered. Andre Agassi’s father taught him to in 28 years. Why? Because of the liti- Mr. ROCKEFELLER. I have some play tennis at a very young age. At 16 gious nature of activist organizations. notes, but the distinguished Senator he made his professional debut, and 1 Another attempt to overhaul the pro- from Rhode Island has exhausted my year later he won his first singles title. gram and develop a recovery plan is brilliant notes in his own speech. Just He quickly rose to the international under way, but USFWS estimates that let it be said that it is an extraor- stage and was soon ranked No.1 in the plan is at least 4 to 6 years away, as- dinarily dangerous situation, this world. He continued to represent Ne- suming no litigation. We can’t expect whole concept of stronger lasers, more vada and the United States, as well as the public or the wolves to continue to carefully targeted lasers from greater athletes by winning a gold medal, wait. distances, and being able to do it from which he earned at the 1996 Olympic Acceptance of wolves on the land- behind trees and hidden places blind- Games in Atlanta, and by capturing scape requires preventing, mitigating ing, probably temporarily at this point eight Grand Slams. and responding to livestock depreda- but maybe permanently as they be- He is known as one of the most im- tion and nuisance issues on public, pri- come stronger or doing damage to the pressive champions in tennis history, vate and tribal lands. It requires trust eye. and his charisma for the game drew at- and implementation of solutions col- When the Senator spoke about hav- tention and rivals alike. Many recall laboratively developed by local stake- ing to turn over the duties of landing the great tennis rivalry with Pete holders. It’s time to give States the the airplane or taking off the airplane Sampras of the mid-1990s which recap- chance to demonstrate that they can to a copilot because of this threat, it tured a robust following of tennis fans. make wolf conservation work for both makes me worry that it is going to get Despite his tremendous success as an people and wolves. worse because this is kind of easy to athlete, his accomplishments off the Restoring wildlife is not new to do. In essence, it becomes an act of ter- court are just as impressive. After his States or tribes. In my home State of rorism, not just the problem of safety first Grand Slam title, Agassi founded Arizona, the Game and Fish Depart- for the airplane and its passengers and the Andre Agassi Charitable Associa- ment has been very successful in col- the pilots. tion, which has raised more than $60 laborative conservation. A great exam- It is a superb amendment. It is my million to help disadvantaged youth in ple is the Southwestern bald eagle. The strong feeling it will pass this body Nevada. In 2001, he also established a Game and Fish Department’s intensive easily and it will become law. The Sen- charter school for children in under- interagency management of this spe- ator from Rhode Island deserves enor- served communities and has funded cies has increased its numbers and pre- mous credit for bringing this to the at- countless scholarships. And just as he vented its listing. The Arizona Game tention of the Congress. achieved the No. 1 ranking as a tennis and Fish seeks to apply this proven ap- The PRESIDING OFFICER. The Sen- player, Agassi recently reached the top proach to wolf conservation. This bill, ator from Rhode Island. spot on the New York Times Best Sell- if enacted, would give them the oppor- Mr. WHITEHOUSE. I thank the dis- tunity. tinguished chairman for his very kind ers List when he released his autobiog- raphy. I ask unanimous consent that the fol- words. Let me thank him for his efforts lowing documents be printed in the to support this amendment. His co- I commend Andre for his efforts and extend my congratulations to his wife RECORD in support of this legislation: a sponsorship is extremely important. I letter from the Arizona Game and Fish look forward to working with whatever Steffi and their two children. Andre Agassi is an inspiration to all Nevada’s Department dated December 7, 2010, I can bring to get this amendment suc- and a resolution adopted by the West- cessfully adopted into the bill and to student-athletes and I am pleased that his hard work and excellence is being ern Association of Fish and Wildlife get the bill successfully passed. I very Agencies dated January 9, 2011. much appreciate the chairman’s distin- recognized with the highest honor an athlete can receive. There being no objection, the mate- guished leadership. rial was ordered to be printed in the f Mr. ROCKEFELLER. Mr. President, I RECORD, as follows: reluctantly suggest the absence of a DELISTING OF THE GRAY WOLF THE STATE OF ARIZONA, quorum. GAME AND FISH DEPARTMENT, The PRESIDING OFFICER. The Mr. KYL. Mr. President, I have joined my colleagues to introduce leg- Phoenix, AZ, December 7, 2010. clerk will call the roll. Hon. JOHN MCCAIN, The legislative clerk proceeded to islation to amend the Endangered Spe- U.S. Senate, call the roll. cies Act of 1973 to remove the gray Washington, DC. Mr. ROCKEFELLER. Mr. President, I wolf. The Endangered Species Act has Hon. JON KYL, ask unanimous consent the order for proved a failure for wolf conservation. U.S. Senate, the quorum call be rescinded. I believe Congress must pave the way Washington, DC. The PRESIDING OFFICER. Without for a new State-based approach. Hon. TRENT FRANKS, objection, it is so ordered. Since the listing of the gray wolf as House of Representatives, endangered in 1976, the Federal wolf re- Washington, DC. f DEAR SENATOR JOHN MCCAIN, SENATOR JON covery programs have been in contin- MORNING BUSINESS KYL AND CONGRESSMAN TRENT FRANKS: The uous litigation. The latest Federal dis- Arizona Game and Fish Commission has con- Mr. ROCKEFELLER. Mr. President, I trict court decision returning the cluded it is beyond time to try a different ap- ask unanimous consent that the Sen- Rocky Mountain gray wolf to the En- proach to Mexican wolf conservation. We ask

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00047 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S478 CONGRESSIONAL RECORD — SENATE February 2, 2011 that you help us do that by working with necessarily reducing other outdoor recre- consideration of this crucial issue. I would be other members of Congress to delist the gray ation, and with significantly reduced uncom- happy to send a member of my staff to Wash- wolf rangewide (i.e. including the Mexican pensated impacts on public, Tribal and pri- ington, D.C. to provide key members of your wolf) and place the conservation burden for vate lands livestock producers in Arizona. staffs a more detailed description of the grid- this species on the States and willing Tribes. Maintaining a robust Mexican wolf con- lock I have referenced above. One member of Restoring wildlife is not new to either the servation program is fundamental to our my staff has worked with Mexican wolf con- States or the Tribes. Witness what has been commitment to wildlife under Arizona Re- servation for 28 years and has a comprehen- accomplished with many other species since vised Statutes Title 17 and is indicative of sive grasp of the story from the beginning the early 1900s. And recognize that when the our commitment since 1985 under Section 6 through present times. It is a compelling U.S. Fish and Wildlife Service (USFWS) of the ESA to maintain an ‘‘adequate and ac- story that makes the depth of frustration speaks with justifiable pride about its efforts tive program for the conservation of endan- among Arizona stakeholders more under- to recover endangered and threatened spe- gered species and threatened species.’’ We standable. cies, many, if not most, of those efforts are have invested more than $5 million in Mexi- Representatives from sportsman, environ- carried out by or at least with substantial can wolf conservation and since 2003 the De- mental, livestock producer, Tribal and local assistance from State and Tribal wildlife partment has been the primary glue holding government stakeholders are prepared to ac- agencies. the interagency Arizona-New Mexico wolf re- company my staff to answer your questions After a lengthy public session on December introduction project together at the agency regarding this situation and the need for 4, the Arizona Game and Fish Commission oversight and field levels. We have tried ev- constructive change. An alternative would erything possible, short of legal action or (Commission) voted 4–1 to support Congres- be for key members of your staffs to meet Congressional intervention, to remedy the sional actions to delist the gray wolf from with these stakeholders in Alpine, Arizona, gridlock resulting, in large part, from litiga- protection under the Endangered Species Act so a better appreciation of the local situa- tion. The U.S. Fish and Wildlife Service has (ESA) of 1973, as amended. The vote reflects tion could be provided, possibly through a been unable to respond as necessary to re- the fact that we do not want to get out of tour of ‘‘wolf country’’ in Arizona. I would be the wolf conservation business; rather, we solve even the most obvious significant prob- lems, perhaps largely because of legal and equally happy to facilitate such a meeting, want to get in deeper but more affordably, as I believe would any of the three County efficiently and effectively. Bureaucratic policy issues stemming from litigation over the Northern Rockies and Western Great governments in eastern Arizona that are process compelled by litigation has driven among our most constructive cooperators in the cost of Mexican wolf conservation out of Lakes gray wolf programs as well as the Mexican wolf program, but also, at least in Mexican wolf conservation. reach for States, Tribes and private stake- Thank you for your consideration. part, because of the complexity and rigidity holders. We cannot print our own money. Sincerely, According to USFWS estimates, we are of Federal regulatory processes. Regardless, LARRY D. VOYLES, the livestock producers affected by Mexican faced with the prospects of at least 2 years of Director. recovery planning, 4–5 years of environ- wolf reintroduction simply cannot afford more years of gridlock and neither can Ari- mental impact analysis and 1 to 2 years of RESOLUTION federal rulemaking. Even if some of the Fed- zona Game and Fish. Further, Arizona can- DELIST THE GRAY WOLF AND RESTORE eral process can occur simultaneously, and not afford to continue investing significant MANAGEMENT TO THE STATES even if litigation does not draw the process time and money in wolf conservation only to out (an extremely unlikely event), it would arrive at a day when, as has occurred in the Whereas, the northern Rocky Mountain likely be 4 to 6 years before all the pieces are Northern Rockies and Western Great Lakes, distinct population segment of gray wolves in place to effect significant change in the special interest groups with public lands exceeded the U.S. Fish and Wildlife Service current approach to Mexican wolf recovery agendas much broader than wolf conserva- recovery level of thirty or more breeding through reintroduction. We want to put pre- tion refuse to accept as recovered even a pop- pairs in 2002; and Whereas, population estimates as of 2009 cious State resources, public resources and ulation of wolves that is several times larger include at least 1,700 animals well distrib- private resources into on-the-ground wolf than required by an approved Recovery Plan uted among Idaho, Montana, and Wyoming; conservation rather than regulatory process they helped develop. We realize Congressional listing or and and legal fees. Whereas, the remarkable increase in gray The Commission sees this as an oppor- delisting of any species would usurp authori- wolf populations was only possible because of tunity to break through the litigation and ties conveyed through the ESA to the Secre- the historic management and stewardship of Federal process gridlock in Mexican wolf re- taries of Interior and Commerce. That would ungulates by state fish and wildlife agencies; covery and reintroduction that has impeded set a precedent few if any of us have ever and progress since 2001 and welcomes the oppor- wanted to see, including Arizona Game and Fish. However, none of us ever anticipated Whereas, a primary purpose of the Endan- tunity to manage this important species. gered Species Act (ESA) is to ‘‘provide a The Commission desires to work with every the degree to which the judiciary would usurp those same authorities in an environ- means whereby the ecosystems upon which stakeholder and all who are willing to come endangered species and threatened species to the table to seek (and collaboratively ment of continuous litigation under the ESA and the Administrative Procedures Act. Con- depend may be conserved, to provide a pro- fund) solutions to issues. Local governments, gram for the conservation of such endan- sportsmen, livestock operators, environ- gressional delisting is not a step that we ad- vocate lightly but the Mexican wolf was in- gered species and threatened species, and to mentalists and the White Mountain Apache cluded in the 1976 Federal listing of the gray take such steps as may be appropriate to Tribe have all repeatedly stated their sup- wolf as endangered and there is still no indi- achieve the purposes of the treaties and con- port for Mexican wolf conservation in Ari- cation the ESA-driven approach to recovery ventions set forth in subsection (a) of this zona, as has the Commission. Opponents of will ever be successful. In fact, there is section.’’; and wolf conservation are a distinct but vocal ample evidence to the contrary. USFWS has Whereas, the primary purpose of the ESA minority. not been able to revise the Recovery Plan in has clearly been achieved for the gray wolf, If the Mexican wolf were delisted by Con- and gray wolves have recovered in the States gressional action, the Commission would an- 28 years; how can anyone possibly hope it can achieve Mexican wolf recovery in our of Idaho, Montana, and Wyoming; and ticipate taking the same approach to its con- lifetimes under the current procedural mo- Whereas, a lack of delisting, given the spe- servation that we have taken with the rass that constrains it? cies has met recovery goals, can result in an Southwestern bald eagle. We would sustain Congressional delisting would represent erosion of public acceptance of wolves and the interagency conservation effort that has sailing uncharted waters fraught with un- the ESA; and been in place since 1998 but modify it as nec- foreseen challenges. So be it. Far better to Whereas, State wildlife agencies are the essary to address significant problems that test ourselves against those challenges than competent authorities to manage resident were identified in program reviews in 2001, to allow the current gridlock to force us all species for their sustained use and enjoy- 2002 and 2005. USFWS is our most important to continue doing the same unproductive ment; and agency partner in wildlife conservation and things over and over again for another dec- Whereas, the overall aim of the ESA is to we would work closely to engage them under ade; with litigation at virtually every step of recover species such that the species can be a new paradigm developed with our stake- the way, no change in outcome and no great- managed by the appropriate entity. State holders. We are confident that, unfettered by er hope for success in our lifetimes. A decade wildlife agencies are the appropriate entities the regulatory and litigation gridlock that from now, we would much rather regret hav- to assume management of the gray wolf as a has peaked over the past three years, we and ing stepped boldly and failed than having resident species; and willing cooperators in the governmental (in- wasted another 10 years trying to make the Whereas, delays in federal decision-mak- cluding USFWS and Tribes) and nongovern- litigation-driven approach to Mexican wolf ing, induced partly by citizen-suit litigation mental sectors could find an appropriate bal- conservation work. over virtually all aspects of Mexican gray ance among the more significant needs for It is truly ironic that successful conserva- wolf recovery, have, after 34 years of protec- and constraints on Mexican wolf conserva- tion of the Mexican wolf might hinge on re- tion under the ESA, including 12 years of re- tion. Such a balance would result in an eco- moving it from the control of the Congres- introduction efforts, resulted in failure to re- logically appropriate wolf population, suffi- sional Act that was intended to save it. cover the Mexican gray wolf; and cient prey populations to support the wolves Please let me know if there is anything Whereas, the States of Arizona and New without eroding hunter opportunity or un- more I can do to encourage or facilitate your Mexico, the White Mountain Apache Tribe,

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00048 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S479 various local governments and local stake- With respect to Arizona, my support Gemma has spent many hours helping holders are willing and able to use incentives for delisting the gray wolf is not a keep my schedule and activities run- and interdiction measures without being en- mandate for wolf hunts but rather to ning smoothly, and she has been an im- cumbered by the gridlock resulting from fed- mense asset. Her commitment and hard eral listing, to increase the Mexican gray establish a path forward for saving the wolf population to levels in both states that, Mexican gray wolf from a failed Fed- work are appreciated, and we are fortu- coupled with conservation efforts in Mexico, eral recovery program and to provide nate to have Gemma as a part of the would establish and maintain a rangewide essential protections for livestock team. I asked her to share her impres- population of Mexican gray wolves that is growers. If you compare the success of sions regarding the program and her self-sustaining and managed at levels suffi- the northern Rockies against the dis- internship. She said, ‘‘It was an honor cient to meet scientifically-valid population mal returns of the Mexican Wolf Re- to be a part of UCWIP 2011. The oppor- objectives. Now, therefore, be it tunity to work in Senator CRAPO’s of- Resolved, That the Western Association of covery Program in Arizona and New Fish and Wildlife Agencies supports and en- Mexico, you see how Federal mis- fice has been the most remarkable ex- dorses immediate delisting of gray wolves in management and judicial activism perience. I could not have hoped for a the WAFWA member states from the ESA, have combined to hurt both ranchers more welcoming and affable office. The either through legislative or administrative and wolves. The U.S. Fish and Wildlife insight gained through this oppor- means, and that this species be managed by Service introduced 13 wolves in 1998 tunity is invaluable, adding a higher the respective State wildlife agencies. and estimated that the Southwest level of understanding to the intricate Mr. MCCAIN. Mr. President, I am should have 100 wolves by now but in workings of the U.S. Congress and the pleased to have joined my colleagues in fact we have barely topped 42 wolves world’s foremost democracy. This in- introducing legislation that would over the past 12 years. Pup survival in ternship has been a once-in-a-lifetime delist the gray wolf from endangered Arizona and New Mexico remains bleak opportunity, adding priceless knowl- species status thereby returning wolf with 31 observed in 2009 but only 7 sur- edge to my studies in Law and Polit- population management to the respec- viving the winter. Livestock depreda- ical Science. I could not have had a tive State wildlife agencies. As my col- tions remain a constant concern even more enjoyable or memorable experi- leagues know, Federal efforts to re- though the U.S. Fish and Wildlife Serv- ence thanks to Senator CRAPO’s of- cover the gray wolf and related sub- ice recently rescinded rules that allow fice.’’ species are controversial throughout rancher’s to protect their cattle for I also commend the efforts of the pro- the West and Midwest including my depredation. To date, the Mexican Wolf gram’s director and founder, Eric home State of Arizona. Recovery Program has cost taxpayers Federing, who has utilized his own Cap- Officially listed in 1974, the gray wolf roughly $20 million or roughly $500,000 itol Hill and Australia experiences to was among the first animals protected per wolf with no end in sight. By re- provide this important exchange oppor- under the Endangered Species Act. At moving Federal protections for the tunity that benefits both Australian that time, gray wolves were undoubt- Mexican gray wolf, management and students and congressional offices. His edly a broken species, hunted to near recovery responsibilities would be interest and skill have been instru- mental in shaping an outstanding pro- extinction by western pioneers. But in transferred from the U.S. Fish and gram. the 1990s, the U.S. Fish and Wildlife Wildlife Service to the State’s wildlife Service launched an ambitious wolf re- I look forward to continuing my as- authority, the Arizona Game and Fish sociation with the Uni-Capitol Wash- population effort in several States Commission, which recently voted to where wolves had been eradicated. Fed- ington Internship Programme, which I support this proposal. have been honored to be involved with eral biologists released dozens of wolf The facts on the ground paint a clear for 5 years. I commend Gemma Whit- breeding pairs into parts of Montana, picture that it is time to return man- ing, Eric Federing and the other Uni- Wyoming, Idaho as well as Arizona and agement and recovery of these wolf Capitol Washington Internship Pro- New Mexico in the hopes that these so- populations to the States. I urge my gramme participants and interns for called experimental populations would colleagues to support this legislation. reestablish their historic ranges. contributing to the 12 successful years In the northern Rocky Mountains, f of this important program that facili- these efforts largely paid off in 2002 UNI-CAPITOL WASHINGTON tates the valuable broadening of rela- when the U.S. Fish and Wildlife Service INTERNSHIP PROGRAMME tionships and understanding between announced that it achieved its popu- Mr. CRAPO. Mr. President, today I our two countries. lation goal of 30 breeding pairs and 300 wish to pay tribute to the Uni-Capitol f wolves in Idaho, Montana and Wyo- Washington Internship Programme, ADDITIONAL STATEMENTS ming. In fact, the Rocky Mountain UCWIP. For more than a decade, this Wolf Recovery Program was so success- international internship program has ful at breeding pups that by 2005 they been enabling outstanding Australian ABILITYONE PROGRAM AND THE reached 49 breeding pairs and 663 total college students to participate in in- ARC OF CADDO-BOSSIER wolves. Today those numbers stand at ternships throughout the U.S. Con- ∑ Ms. LANDRIEU. Mr. President, today over 71 breeding pairs and about 1,700 gress. I recognize a program which in the last total wolves, far surpassing the stated Students participating in the pro- several years has helped more than goals of the Federal Government’s wolf gram obtain immeasurable experience 45,000 Americans who are blind or who recovery plan. Despite this remarkable through their congressional intern- have significant disabilities gain skills comeback, several environmentalist ships, and participants also have the and training that ultimately led to groups have used the judicial process opportunity to participate in other gainful employment, the AbilityOne to keep gray wolf populations under educational experiences, including U.S. Program. various forms of Federal protection, historic site and government agency The AbilityOne Program is the single even to the detriment of native deer visits and other learning events. I am largest source of jobs for Americans and elk populations which are dropping proud to be involved in this rewarding who are blind or have significant dis- dramatically because of so many pred- and well-rounded exchange program, abilities. The program harnesses the ator wolves. By keeping wolves locked and I am grateful for the contribution purchasing power of the Federal Gov- into federally protected status, State Uni-Capitol Washington Programme ernment to buy products and services wildlife authorities are legally pre- interns continue to make in providing from participating community-based vented from rightfully controlling valuable viewpoints and helping me nonprofit agencies that are dedicated their exploding wolf population. At the serve Idaho constituents. to training and employing individuals same time the U.S. Fish and Wildlife Gemma Whiting, a UCWIP partici- with disabilities. This program affords Service is forced to overextend its re- pant, has joined my staff as an intern Americans with disabilities the oppor- sources, reach and welcome on a pro- this semester. She is studying law/arts tunity to acquire job skills, training, gram that achieved its goals almost a at the University of Western Australia, good wages, benefits, while providing decade ago. This simply cannot con- where she is majoring in political greater independence and quality of tinue. science and international relations. life.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00049 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S480 CONGRESSIONAL RECORD — SENATE February 2, 2011 I am especially proud to acknowledge States of America and the Russian fense systems to defend against missile that the AbilityOne Program is affili- Federation on Measures for the Fur- threats from nations such as North ated with the Arc of Caddo-Bossier in ther Reduction and Limitation of Stra- Korea and Iran, including qualitative Shreveport, LA. tegic Offensive Arms, signed in Prague and quantitative improvements to such The history of the Arc of Caddo-Bos- on April 8, 2010, with Protocol, includ- systems. As stated in the resolution, sier represents a true example of what ing Annexes (the ‘‘New START Trea- such systems include all phases of the it means to grow and help people with ty’’; Treaty Document 111–5), and I Phased Adaptive Approach to missile disabilities to become an active and hereby certify that: defenses in Europe, the modernization contributing part of society. The Arc of 1. United States National Technical of the Ground-Based Midcourse Defense Caddo-Bossier was founded in 1954 by a Means, in conjunction with the system, and the continued development small group of parents with a mission verification activities provided for in of the two-stage Ground-Based Inter- to promote the growth of their children the New START Treaty, are sufficient ceptor as a technological and strategic by developing programs and services to to ensure effective monitoring of Rus- hedge. As I stated in my letter to the meet their needs. In 1996, the Arc of sian compliance with the provisions of Senate of December 18, 2010, the United Caddo-Bossier Foundation was estab- the New START Treaty and timely States believes that these systems do lished to further promote community warning of any Russian preparation to not and will not threaten the strategic involvement and programs for people break out of the limits in Article II of balance with the Russian Federation. with mental disabilities. Today, the the New START Treaty. Consequently, while the United States Arc of Caddo-Bossier still remains 2. The New START Treaty does not cannot circumscribe the sovereign committed to their unique mission to require, at any point during which it rights of the Russian Federation under help the needs of people with develop- will be in force, the United States to paragraph 3 of Article XIV of the Trea- ty, the United States believes contin- mental disabilities and their families. provide to the Russian Federation tele- ued improvement and deployment of It is with great pleasure that I first metric information under Article IX of United States missile defense systems extend my support to the AbilityOne the New START Treaty, Part Seven of do not constitute a basis for ques- Program. Secondly, I commend the the Protocol, and the Annex on Tele- metric Information to the Protocol for tioning the effectiveness and viability dedication and commitment of the Arc of the Treaty, and therefore would not of Caddo-Bossier executive director, the launch of (a) any missile defense interceptor, as defined in paragraph 44 give rise to circumstances justifying Janet Parker, and her staff for helping the withdrawal of the Russian Federa- of Part One of the Protocol to the New individuals who have a disability find tion from the Treaty. employment. Their work helps people START Treaty; (b) any satellite The report called for in the sixth live fuller lives and become more ac- launches, missile defense sensor tar- Condition of the Resolution will be pro- tive members of their community. I gets, and missile defense intercept tar- vided under separate cover to the Com- also commend each AbilityOne em- gets, the launch of which uses the first mittees on Armed Services and Foreign ployee who works every day to improve stage of an existing type of United Relations. their lives and make our country a bet- States intercontinental ballistic mis- BARACK OBAMA. ter place to live.∑ sile (ICBM) or submarine-launched bal- THE WHITE HOUSE, February 2, 2011. listic missile (SLBM) listed in para- f f graph 8 of Article III of the New MESSAGES FROM THE PRESIDENT START Treaty; or (c) any missile de- EXECUTIVE AND OTHER Messages from the President of the scribed in clause (a) of paragraph 7 of COMMUNICATIONS United States were communicated to Article III of the New START Treaty. The following communications were the Senate by Mrs. Neiman, one of his 3. I intend to (a) modernize or replace laid before the Senate, together with secretaries. the triad of strategic nuclear delivery accompanying papers, reports, and doc- systems: a heavy bomber and air- uments, and were referred as indicated: f launched cruise missile, an ICBM, and EC–405. A communication from the Direc- EXECUTIVE MESSAGES REFERRED a nuclear-powered ballistic missile sub- tor of Human Capital and Resource Manage- ment performing the duties of the Principal As in executive session the Presiding marine (SSBN) and SLBM; and (b) maintain the United States rocket Deputy Under Secretary of Defense (Per- Officer laid before the Senate messages sonnel and Readiness), transmitting, pursu- from the President of the United motor industrial base. ant to law, a report relative to a list of con- States submitting sundry nominations 4. (a) The United States will seek to trolled merchandise items; to the Committee which were referred to the appropriate initiate, following consultation with on Armed Services. committees. NATO Allies but not later than 1 year EC–406. A communication from the Acting after the entry into force of the New Director, Office of Sustainable Fisheries, De- (The nominations received today are partment of Commerce, transmitting, pursu- printed at the end of the Senate pro- START Treaty, negotiations with the Russian Federation on an agreement to ant to law, the report of a rule entitled ceedings.) ‘‘Fisheries of the Exclusive Economic Zone address the disparity between the non- f Off Alaska; Pacific Cod by Non-American strategic (tactical) nuclear weapons Fisheries Act Crab Vessels Harvesting Pa- REPORT CONCERNING THE RATIFI- stockpiles of the Russian Federation cific Cod for Processing by the Inshore Com- CATION OF THE TREATY BE- and of the United States and to secure ponent in the Central Regulatory Area of the TWEEN THE UNITED STATES OF and reduce tactical nuclear weapons in Gulf of Alaska’’ (RIN0648–XA155) received in AMERICA AND THE RUSSIAN a verifiable manner; and (b) it is the the Office of the President of the Senate on February 1, 2011; to the Committee on Com- FEDERATION ON MEASURES FOR policy of the United States that such merce, Science, and Transportation. THE FURTHER REDUCTION AND negotiations shall not include defen- EC–407. A communication from the Direc- LIMITATION OF STRATEGIC OF- sive missile systems. tor, Bureau of Economic Analysis, Depart- FENSIVE ARMS, SIGNED IN 5. I intend to (a) accelerate, to the ment of Commerce, transmitting, pursuant PRAGUE ON APRIL 8, 2010 (THE extent possible, the design and engi- to law, the report of a rule entitled ‘‘Direct ‘‘NEW START TREATY’’)—PM 4 neering phase of the Chemistry and Investment Surveys: BE–11, Annual Survey Metallurgy Research. Replacement of U.S. Direct Investment Abroad’’ (RIN0691– The PRESIDING OFFICER laid be- AA74) received in the Office of the President (CMRR) building and the Uranium fore the Senate the following message of the Senate on February 1, 2011; to the Processing Facility (UPF); and (b) re- from the President of the United Committee on Commerce, Science, and quest full funding, including on a States which was referred to the Com- Transportation. multi-year basis as appropriate, for the EC–408. A communication from the Direc- mittee on Foreign Relations: CMRR building and the UPF upon com- tor, Bureau of Economic Analysis, Depart- To the Senate of the United States: pletion of the design and engineering ment of Commerce, transmitting, pursuant to law, the report of a rule entitled ‘‘Direct I have considered the United States phase for such facilities. Investment Surveys: BE–577, Quarterly Sur- Senate’s December 22, 2010, Resolution 6. It is the policy of the United vey of U.S. Direct Investment Abroad—Di- of Advice and Consent to Ratification States to continue development and de- rect Transactions of U.S. Reporter with For- of the Treaty between the United ployment of United States missile de- eign Affiliate’’ (RIN0691–AA75) received in

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the Office of the President of the Senate on RESOLUTION NO. 624 ers in communities by promoting healthy, February 2, 2011; to the Committee on Com- Whereas, the Rockland County Legislature walkable neighborhoods, access to green merce, Science, and Transportation. agrees that demographic trends support the space, and the mobility to pursue greater op- EC–409. A communication from the Pro- need for cooperation in land use planning portunities, gram Analyst, National Highway Traffic and the development of housing and trans- and Safety Administration, Department of portation. The population of the United Whereas, to accomplish these goals, the Transportation, transmitting, pursuant to States will grow from approximately Livable Communities Act of 2010 would es- law, the report of a rule entitled ‘‘List of 307,000,000 people to approximately 439,000,000 tablish the Office of Sustainable Housing and Nonconforming Vehicles Decided to be Eligi- people during the period between 2009 and Communities, the Interagency Council on ble for Importation’’ (Docket No. NHTSA– 2050, an increase of more than 40 percent; and Sustainable Communities, a Comprehensive 2010–0125) received in the Office of the Presi- Whereas, the Energy Information Adminis- Planning Grant Program, and a Sustain- dent of the Senate on January 31, 2011; to the tration of the Department of Energy fore- ability Challenge Grant Program; and Committee on Commerce, Science, and casts that driving will increase 59 percent be- Whereas, the Planning and Public Works Transportation. tween 2005 and 2030, far outpacing the pro- Committee has met, considered and by a EC–410. A communication from the Chief of jected 23 percent increase in population; and vote of four ayes, two nays and one absent, the Publications and Regulations Branch, In- Whereas, demographers estimate that as approved this resolution; Now therefore be it ternal Revenue Service, Department of the much as 30 percent of current demand for Resolved, That the Legislature of Rockland Treasury, transmitting, pursuant to law, the housing is for housing in dense, walkable, County hereby requests that the United report of a rule entitled ‘‘Suppression of Rev. mixed-use communities, and that less than 2 States Senate and House of Representatives Proc. 2008–52 and Modification of Rev. Proc. percent of new housing is in this category; pass bills S. 1619 and H.R. 4690—the Livable 97–27, Procedures for Automatic and Non- and Communities Act of 2010, and that the Presi- Automatic Changes in Method of Account- Whereas, people who live in areas of com- dent of United States sign such legislation; ing’’ (Rev. Proc. 2011–14) received in the Of- pact development (where housing, shopping, and be it further Resolved, That the Clerk to the Legislature fice of the President of the Senate on Janu- jobs, and public transportation are in close be and he is hereby authorized and directed ary 31, 2011; to the Committee on Finance. proximity) drive 20 to 40 percent less than to send a certified copy of this resolution to EC–411. A joint communication from the people who live in average development pat- Hon. Barack H. Obama, President of the Chairperson and Vice-Chairperson of the Na- terns in the United States; and tional Commission on Children and Disas- Whereas, transportation accounts for 70 United States; Hon. Charles E. Schumer and ters, transmitting a report relative to fund- percent of the oil consumed in the United Hon. Kirsten E. Gillibrand, United States ing the establishment of a National Resource States and nearly 1/3 of carbon emissions in Senators; Hon. Eliot Engel, Hon. Nita Lowey and Information Center on Children and Dis- the United States come from the transpor- and Hon. Nan Hayworth, Members of the asters; to the Committee on Health, Edu- tation sector. Reducing the growth of the United States Congress; the President Pro cation, Labor, and Pensions. number of miles driven and providing trans- Tem of the United States Senate; the Speak- EC–412. A communication from the Sec- portation alternatives through good plan- er of the United States House of Representa- retary of the Department of Health and ning and sustainable development is a nec- tives; the Majority and Minority Leaders of Human Services, transmitting, pursuant to essary part of the energy independence and the United States Senate and House of Rep- law, a performance report relative to the climate change strategies of the United resentatives; and to such other persons as Animal Generic Drug User Fee Act for fiscal States; and the Clerk, in his discretion, may deem proper year 2010; to the Committee on Health, Edu- Whereas, a number of studies, reports, and in order to effectuate the purpose of this res- cation, Labor, and Pensions. articles by organizations including the Envi- olution. EC–413. A communication from the Sec- ronmental Protection Agency, the National POM–2. A message from the Executive Di- retary of Health and Human Services, trans- Association of Realtors, and the Transit Co- rector, The Privacy Projects, transmitting, a mitting, pursuant to law, a report relative to operative Research Project have found that report relative to the Organization for Eco- the Animal Drug User Fee Act for Fiscal one of the keys to revitalizing and maintain- nomic Cooperation and Development (OECD) Year 2010; to the Committee on Health, Edu- ing the character of town centers and pre- Privacy Guidelines; to the Committee on the cation, Labor, and Pensions. serving surrounding agricultural land in Judiciary. EC–414. A communication from the Senior small and rural communities is to prevent Procurement Executive, Office of Acquisi- commercial and residential development on f tion Policy, General Services Administra- the outskirts of town, by promoting inte- tion, transmitting, pursuant to law, the re- INTRODUCTION OF BILLS AND grated housing, economic, and transpor- JOINT RESOLUTIONS port of a rule entitled ‘‘Federal Acquisition tation development in town centers; and Regulation; Federal Acquisition Circular Whereas, funding for integrated housing, The following bills and joint resolu- 2005–48; Small Entity Compliance Guide’’ transportation, energy, environmental, and (FAC 2005–48) received in the Office of the tions were introduced, read the first economic development and other land use and second times by unanimous con- President of the Senate on January 31, 2011; planning efforts at the local and regional to the Committee on Homeland Security and levels is necessary to provide for sustainable sent, and referred as indicated: Governmental Affairs. development and smart growth, and By Mr. ENSIGN (for himself, Mr. EC–415. A communication from the Asso- Whereas, the Livable Communities Act of CRAPO, Mr. INHOFE, and Mr. ciate General Counsel for General Law, Of- 2010 would provide funding and support serv- JOHANNS): fice of the General Counsel, Department of ices to help municipalities make smart plan- S. 255. A bill to require the Congressional Homeland Security, transmitting, pursuant ning decisions by: Budget Office and the Joint Committee on to law, a report relative to a vacancy in the 1. facilitating and improving the coordina- Taxation to use dynamic economic modeling Department of Homeland Security in the po- tion of housing, community development, in addition to static economic modeling in sition of Administrator, U.S. Fire Adminis- transportation, energy, and environmental the preparation of budgetary estimates of tration, received in the Office of the Presi- policy in the United States; proposed changes in Federal revenue law; to dent of the Senate on February 1, 2011; to the 2. encouraging regional planning for liv- the Committee on the Budget. Committee on Homeland Security and Gov- able communities and the adoption of sus- By Mr. PRYOR: ernmental Affairs. tainable development techniques, including S. 256. A bill to amend the Internal Rev- EC–416. A communication from the Sec- transit-oriented development; enue Code of 1986 to allow a credit against retary, Judicial Conference of the United 3. providing a variety of safe, reliable income tax for equity investments in small States, transmitting, pursuant to law, a re- transportation choices, with special empha- business concerns; to the Committee on Fi- port relative to privacy and security con- sis on public transportation and complete nance. cerns relating to electronically filed docu- streets, in order to reduce traffic congestion, By Ms. LANDRIEU (for herself and Mr. ments in the federal courts; to the Com- greenhouse gas emissions, and dependence on KERRY): mittee on the Judiciary. foreign oil; S. 257. A bill to improve certain programs f 4. providing affordable, energy-efficient, of the Small Business Administration to bet- and location-efficient housing choices for ter assist small business customers in ac- PETITIONS AND MEMORIALS people of all ages, incomes, races, and cessing broadband technology, and for other The following petitions and memo- ethnicities, and making the combined costs purposes; to the Committee on Small Busi- rials were laid before the Senate and of housing and transportation more afford- ness and Entrepreneurship. able to families; By Mr. MENENDEZ (for himself, Mr. were referred or ordered to lie on the 5. promoting economic development and MERKLEY, Mr. WHITEHOUSE, Mr. LAU- table as indicated: competitiveness by connecting the housing TENBERG, Mr. REED, Mrs. BOXER, Mr. POM–1. A resolution adopted by the Legis- and employment locations of workers, reduc- NELSON of Florida, and Mr. LEAHY): lature of Rockland County, New York urging ing traffic congestion, and providing families S. 258. A bill to amend the Internal Rev- Congress to pass the Livable Communities with access to essential services; enue Code of 1986 to eliminate oil and gas Act of 2010; to the Committee on Banking, 6. supporting public health and improving company preferences; to the Committee on Housing, and Urban Affairs. quality of life for the residents of and work- Finance.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00051 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S482 CONGRESSIONAL RECORD — SENATE February 2, 2011 By Mr. VITTER: be deposited in the Treasury and used Indiana (Mr. COATS), the Senator from S. 259. A bill to require that the Govern- for deficit reduction or to reduce the South Dakota (Mr. THUNE), the Sen- ment give priority to payment of all obliga- Federal debt. ator from Arizona (Mr. KYL), the Sen- tions on the debt held by the public and pay- ator from Georgia (Mr. CHAMBLISS), the ment of social security benefits in the event S. 104 that the debt limit is reached; to the Com- At the request of Mr. JOHANNS, the Senator from Utah (Mr. HATCH), the mittee on Finance. name of the Senator from Missouri Senator from Texas (Mrs. HUTCHISON), By Mr. NELSON of Florida (for him- (Mr. BLUNT) was added as a cosponsor the Senator from Illinois (Mr. KIRK), self, Mr. INHOFE, Mr. BEGICH, Mrs. of S. 104, a bill to require the Adminis- the Senator from Oklahoma (Mr. BOXER, Mr. BINGAMAN, Mr. SANDERS, trator of the Environmental Protection COBURN) and the Senator from Idaho Mr. UDALL of Colorado, Ms. SNOWE, Agency to finalize a proposed rule to (Mr. RISCH) were added as cosponsors of Mr. VITTER, Mr. BROWN of Ohio, and amend the spill prevention, control, S. 251, a bill to prohibit the provision Mr. KERRY): S. 260. A bill to amend title 10, United and countermeasure rule to tailor and of Federal funds to State and local gov- States Code, to repeal the requirement for streamline the requirements for the ernments for payment of obligations, reduction of survivor annuities under the dairy industry, and for other purposes. to prohibit the Board of Governors of Survivor Benefit Plan by veterans’ depend- S. 139 the Federal Reserve System from fi- ency and indemnity compensation; to the At the request of Mr. BAUCUS, the nancially assisting State and local gov- Committee on Armed Services. name of the Senator from Rhode Island ernments, and for other purposes. By Ms. COLLINS: S.J. RES. 3 S. 261. A bill to amend chapter 81 of title 5, (Mr. WHITEHOUSE) was added as a co- United States Code, to provide for reform re- sponsor of S. 139, a bill to provide that At the request of Mr. HATCH, the lating to Federal employees workers com- certain tax planning strategies are not name of the Senator from South Caro- pensation; to the Committee on Homeland patentable, and for other purposes. lina (Mr. GRAHAM) was added as a co- Security and Governmental Affairs. S. 146 sponsor of S.J. Res. 3, a joint resolu- f At the request of Mr. BAUCUS, the tion proposing an amendment to the Constitution of the United States rel- SUBMISSION OF CONCURRENT AND name of the Senator from Massachu- ative to balancing the budget. SENATE RESOLUTIONS setts (Mr. KERRY) was added as a co- sponsor of S. 146, a bill to amend the S.J. RES. 4 The following concurrent resolutions Internal Revenue Code of 1986 to extend At the request of Mr. SHELBY, the and Senate resolutions were read, and the work opportunity credit to certain name of the Senator from South Caro- referred (or acted upon), as indicated: recently discharged veterans. lina (Mr. GRAHAM) was added as a co- By Ms. KLOBUCHAR (for herself, Mrs. S. 186 sponsor of S.J. Res. 4, a joint resolu- HUTCHISON, Mr. LEAHY, Mr. tion proposing an amendment to the At the request of Mrs. BOXER, the CHAMBLISS, Mr. KOHL, and Mr. Constitution of the United States ISAKSON): name of the Senator from Iowa (Mr. which requires (except during time of S. Res. 36. A resolution raising awareness HARKIN) was added as a cosponsor of S. and encouraging prevention of stalking by 186, a bill to provide for the safe and re- war and subject to suspension by Con- designating January 2011 as ‘‘National Stalk- sponsible redeployment of United gress) that the total amount of money ing Awareness Month″; considered and States combat forces from Afghani- expended by the United States during agreed to. stan. any fiscal year not exceed the amount By Mr. VITTER (for himself, Ms. of certain revenue received by the S. 196 LANDRIEU, and Mr. JOHANNS): United States during such fiscal year S. Res. 37. A resolution recognizing the At the request of Mr. GRASSLEY, the and not to exceed 20 per cent of the goals of Catholic Schools Week and honoring name of the Senator from Oklahoma gross national product of the United the valuable contributions of Catholic (Mr. COBURN) was added as a cosponsor schools in the United States; considered and States during the previous calendar of S. 196, a bill to amend the Patient year. agreed to. Protection and Affordable Care Act to By Ms. KLOBUCHAR (for herself and AMENDMENT NO. 7 provide for participation in the Ex- Mr. FRANKEN): change of the President, Vice Presi- At the request of Mr. INHOFE, the S. Res. 38. A resolution congratulating name of the Senator from Alaska (Ms. Brooklyn Center, Minnesota, on its 100th an- dent, Members of Congress, political MURKOWSKI) was added as a cosponsor niversary; considered and agreed to. appointees, and congressional staff. of amendment No. 7 intended to be pro- By Mr. SESSIONS (for himself and Mr. S. 219 SHELBY): posed to S. 223, a bill to modernize the At the request of Mr. TESTER, the S. Res. 39. A resolution congratulating the air traffic control system, improve the name of the Senator from Illinois (Mr. Auburn University football team for winning safety, reliability, and availability of the 2010 Bowl Championship Series National DURBIN) was added as a cosponsor of S. transportation by air in the United Championship; considered and agreed to. 219, a bill to require Senate candidates States, provide modernization of the By Mr. BROWN of Ohio (for himself to file designations, statements, and air traffic control system, reauthorize and Mr. PORTMAN): reports in electronic form. the Federal Aviation Administration, S. Res. 40. A resolution congratulating the S. 237 University of Akron men’s soccer team on and for other purposes. At the request of Mrs. MCCASKILL, winning the National Collegiate Athletic As- AMENDMENT NO. 8 the name of the Senator from Con- sociation Division I Men’s Soccer Champion- At the request of Mr. WHITEHOUSE, ship; considered and agreed to. necticut (Mr. LIEBERMAN) was added as the names of the Senator from Illinois a cosponsor of S. 237, a bill to amend f (Mr. DURBIN), the Senator from Penn- title 31, United States Code, to enhance sylvania (Mr. CASEY), the Senator from ADDITIONAL COSPONSORS the oversight authorities of the Comp- New York (Mr. SCHUMER) and the Sen- troller General, and for other purposes. S. 72 ator from New Jersey (Mr. MENENDEZ) At the request of Mr. BAUCUS, the S. 245 were added as cosponsors of amend- name of the Senator from Hawaii (Mr. At the request of Mr. CORKER, the ment No. 8 proposed to S. 223, a bill to AKAKA) was added as a cosponsor of S. names of the Senator from Arizona modernize the air traffic control sys- 72, a bill to repeal the expansion of in- (Mr. KYL) and the Senator from Idaho tem, improve the safety, reliability, formation reporting requirements for (Mr. CRAPO) were added as cosponsors and availability of transportation by payments of $600 or more to corpora- of S. 245, a bill to reduce Federal spend- air in the United States, provide mod- tions, and for other purposes. ing in a responsible manner. ernization of the air traffic control sys- S. 81 S. 251 tem, reauthorize the Federal Aviation At the request of Mr. ISAKSON, the At the request of Mr. VITTER, the Administration, and for other pur- name of the Senator from North Caro- names of the Senator from Texas (Mr. poses. lina (Mrs. HAGAN) was added as a co- CORNYN), the Senator from Wisconsin At the request of Mr. ROCKEFELLER, sponsor of S. 81, a bill to direct unused (Mr. JOHNSON), the Senator from Mis- his name was added as a cosponsor of appropriations for Senate Official Per- sissippi (Mr. WICKER), the Senator from amendment No. 8 proposed to S. 223, sonnel and Office Expense Accounts to Missouri (Mr. BLUNT), the Senator from supra.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00052 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S483 AMENDMENT NO. 9 colleagues to consider reading the bill come into the marketplace. We are At the request of Ms. STABENOW, the and becoming cosponsors. I would love looking for the next J.B. Hunt, we are names of the Senator from West Vir- to be working on this over the next few looking for the next Apple, or the next ginia (Mr. MANCHIN) and the Senator weeks to get a broad base of support Amazon. We are trying to find the next from Virginia (Mr. WARNER) were added and to get as much emphasis on this ef- HP, whoever is out there who has great as cosponsors of amendment No. 9 pro- fort as possible right now. It is one of ideas who wants to come in and invest. posed to S. 223, a bill to modernize the many job-creating pieces of legislation Angel investment led to the creation of air traffic control system, improve the I am interested in in this Congress, but 250,000 jobs in 2009 and 2009 wasn’t a safety, reliability, and availability of I would love to get as many colleagues great year, but angel investment led to transportation by air in the United as possible interested now to look at the creation of 250,000 jobs. This rep- States, provide modernization of the this and see if it is something we could resented about 5 percent of all the new air traffic control system, reauthorize pass sooner, rather than later, around jobs in the United States, so this can the Federal Aviation Administration, here. have a measurable impact. This can and for other purposes. The angel investment tax credit is move the needle in the right direction. AMENDMENT NO. 11 modeled after the new market tax The time is now for us to work on At the request of Mr. LAUTENBERG, credit, and it would provide a 25-per- this. I encourage my colleagues on the names of the Senator from Illinois cent Federal income tax credit for in- both sides of the aisle to read the legis- (Mr. DURBIN) and the Senator from vesting in qualified early-stage small lation. If they are interested, I would Iowa (Mr. HARKIN) were added as co- businesses. The focus will be on ad- like to visit with them about it. I sponsors of amendment No. 11 intended vanced manufacturing, aerospace, bio- would love to get this bill moving to be proposed to S. 223, a bill to mod- technology, clean energy, and trans- through the system as quickly as pos- ernize the air traffic control system, portation. The bill would provide that sible. improve the safety, reliability, and up to $2 million per year in tax credit- By Ms. LANDRIEU (for herself availability of transportation by air in eligible cash equity investments could and Mr. KERRY): the United States, provide moderniza- be made, with a total of $10 million per S. 257. A bill to improve certain pro- tion of the air traffic control system, small company. The goal would be that grams of the Small Business Adminis- reauthorize the Federal Aviation Ad- for every $1 we put in, there would be tration to better assist small business ministration, and for other purposes. $4 of private-sector stimulus. This is the private sector getting customers in accessing broadband tech- AMENDMENT NO. 19 back on its feet with a little bit of nology, and for other purposes; to the At the request of Mr. PAUL, the name grease provided by the government to Committee on Small Business and En- of the Senator from Tennessee (Mr. AL- get things going in the right direction trepreneurship. EXANDER) was added as a cosponsor of through the Tax Code. The bill I have Ms. LANDRIEU. Mr. President, I amendment No. 19 intended to be pro- written would authorize $500 million come to the Senate floor today to dis- posed to S. 223, a bill to modernize the per year for 5 years for these tax cred- cuss an issue of great importance to air traffic control system, improve the its. As I said, this proposal is expected small businesses, the drivers of this safety, reliability, and availability of to stimulate $2 billion per year in new Nation’s economy. transportation by air in the United capital formation. In the same way the interstate high- States, provide modernization of the Let me give one quick example of way system and the railroads revolu- air traffic control system, reauthorize how this can work. All these companies tionized transport, connecting main the Federal Aviation Administration, on this chart here started with an streets across the Nation to facilitate and for other purposes. angel investment to get over the hump. the stream of commerce; broadband f What happens is someone will have a technology has forever changed the re- good idea. They think they can inno- lationship between small businesses STATEMENTS ON INTRODUCED vate, they think they can produce, and the customers that they serve. BILLS AND JOINT RESOLUTIONS they think they can have value in the This is especially true for rural small By Mr. PRYOR: marketplace, but they can’t get the businesses, which now have direct ac- S. 256. A bill to amend the Internal capital in order to get established. cess to new customers in major cities Revenue Code of 1986 to allow a credit They can’t quite get over the hump. J. across the globe through broadband against income tax for equity invest- B. Hunt company is now a $5 billion connectivity. Over 95 percent of the ments in small business concerns; to company. It employs 14,500 people and world’s customers are located outside the Committee on Finance. has 400 facilities in 48 States. In 1961, J. of our borders, and in the United Mr. PRYOR. Mr. President, we know B. Hunt had an idea and he went to five States alone, an estimated 60 million we need to focus on cutting our spend- poultry company executives with his Americans use the Internet on a daily ing. We know we need to focus on the hat in his hand asking for money. They basis. With the click of a mouse, they tax reform effort. I think everybody gave him $25,000 in seed money, and now have access to goods and services generally agrees on that. Although that is what he has done with that from main streets around the world. they may disagree on what the particu- company throughout the course of his With every click, our Nation’s small lars would be, they agree we need to do lifetime. businesses are growing, and helping to those two things. The third thing we There are lots of examples of folks create jobs as well as further innovate also must do is to focus on the econ- like that—HP; there is a company in within the U.S. economy. omy and jobs. This is something that Arkansas called NanoMech, Unfortunately, too many of our small we have seen in this country over the BlueInGreen, and other companies we businesses are missing out on these op- last 21⁄2 years, where we have gone have seen do this. But many of these portunities for growth. Due to a com- through a very harsh, very difficult re- companies are very much household bination of factors that range from a cession and we have seen an unemploy- names—Google, Facebook, Amazon, lack of computer literacy to the inabil- ment number that stays stubbornly eBay, and Apple. All of these compa- ity to access high speed or broadband high. We have seen a lot of topsy-turvy nies started with angel investment to Internet services, many entrepreneurs economic numbers over the last 21⁄2 get them through what they call the have yet to capitalize on the resources years, and I believe the Congress—the valley of death. The valley of death is available to them via the Internet. In House and Senate—and the White usually that period where something fact, it is estimated that fewer than 24 House need to set the table for job cre- has gone from the idea stage to the percent of our Nation’s small busi- ation and economic growth in this marketplace. They usually need some- nesses routinely use e-commerce appli- country, and we need to do it in a very where between $1 million and $4 mil- cations to sell their products online. As smart way. lion to get their ideas to market. a result, they are missing out on oppor- Today, I am here to talk about the Our bill is designed to bridge that tunities to expand to new markets or angel investment tax credit bill I am gap and cross that valley of death so find new customers. We must do more introducing. I want to encourage my we can see a lot of startup companies to help our Nation’s small businesses

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00053 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S484 CONGRESSIONAL RECORD — SENATE February 2, 2011 utilize advanced technologies like entitled ‘‘Connecting America: The National ‘‘(D) has demonstrated significant experi- broadband so that they can best com- Broadband Plan’’, dated March 2010, the ence in the area of broadband or emerging pete in the global marketplace. Commission recommends that— information technology. As Chair of the Committee on Small (1) ‘‘To fully implement next-generation ‘‘(2) RESPONSIBILITIES OF COORDINATOR.— Business and Entrepreneurship, I have technology within its operations, the SBA The broadband and emerging information should also appoint a broadband and emerg- technology coordinator shall— made increasing the ability of small ing IT coordinator. This individual would en- ‘‘(A) coordinate programs of the Adminis- businesses to access high-speed sure that SBA programs maintain the req- tration that assist small business concerns broadband Internet a top priority. That uisite broadband expertise, tools and train- in adopting, making innovations in, and is why today, I along with my distin- ing courses to serve small businesses.’’; using broadband and other emerging infor- guished colleague on the Small Busi- (2) ‘‘Congress should consider ways to le- mation technologies; ness Committee, former Chairman verage existing assistance provided through’’ ‘‘(B) serve as the primary liaison of the Ad- JOHN KERRY, am introducing the Small entrepreneurial development programs, ‘‘to ministration to other Federal agencies in- Business Broadband and Emerging In- focus training on advanced IT and broadband volved in broadband and emerging informa- formation Technology Enhancement applications’’; tion technology policy, including the Depart- ment of Commerce, the Department of Agri- Act of 2011. This critical piece of legis- (3) ‘‘Congress could also consider ways to support technology training among women culture, and the Federal Communications lation will help to level the playing entrepreneurs through’’ women’s business Commission; and field for our entrepreneurs and small centers; ‘‘(C) identify best practices relating to businesses by implementing key find- (4) ‘‘The training programs should include broadband and emerging information tech- ings from the Federal Communications an entry-level ‘Broadband 101’ course to give nology that may benefit small business con- Commission’s 2010 National Broadband small businesses an introduction to how to cerns. Plan. capitalize on broadband connectivity, as well ‘‘(3) TRAVEL.—Not more than 20 percent of More specifically, this legislation as more advanced applications for IT staff.’’; the hours of service by the broadband and calls on the Small Business Adminis- (5) small and medium enterprise ‘‘IT train- emerging information technology coordi- ing should include resources for non-IT staff, nator during any fiscal year shall consist of tration to take a lead role in helping travel outside the United States to perform our small businesses to access such as how to use e-commerce tools for sales, streamline finance with online records official duties. broadband and other advanced tech- ‘‘(c) BROADBAND AND EMERGING TECH- or leverage knowledge management across NOLOGY TRAINING.— nologies. To accomplish this, the legis- an organization.’’; and ‘‘(1) TRAINING.—The Administrator shall lation requires the SBA to make three (6) ‘‘To facilitate the development of provide to employees of the Administration key improvements to its core pro- broadband networks, Congress should con- training that— grams. First, it calls on the agency to sider allowing all agencies to set the fees for ‘‘(A) familiarizes employees of the Admin- create a Broadband and Emerging In- access to rights-of-way for broadband serv- istration with broadband and other emerging ices on the basis of a direct cost recovery ap- formation Technology Coordinator to information technologies; and proach, especially in markets currently un- facilitate the development of small ‘‘(B) includes— derserved or unserved by any broadband business broadband initiatives within ‘‘(i) instruction counseling small business service provider. The Executive Branch the agency, and also to act as a liaison concerns regarding adopting, making inno- should also develop one or more master con- with other Federal agencies. Second, vations in, and using broadband and other tracts for all federal property and buildings emerging information technologies; and the legislation requires SBA resource covering the placement of wireless towers.’’. partners, such as Small Business De- ‘‘(ii) information on programs of the Fed- velopment Centers, SBDCs, to provide SEC. 3. DEFINITIONS. eral Government that provide assistance to technical assistance related to both ac- In this Act— small business concerns relating to (1) the terms ‘‘Administration’’ and ‘‘Ad- broadband and emerging information tech- cessing and utilizing broadband and ministrator’’ mean the Small Business Ad- nologies. emerging information technology. Fi- ministration and the Administrator thereof, ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.— nally, the bill will improve the SBA’s respectively; and There are authorized to be appropriated such popular 7(a) and microloan programs (2) the term ‘‘small business concern’’ has sums as are necessary to carry out this sub- by allowing borrowers to use the pro- the meaning given that term under section 3 section. ceeds of their loans to finance the pur- of the Small Business Act (15 U.S.C. 632). ‘‘(d) REPORTS.— chase of broadband services, equipment SEC. 4. BROADBAND AND EMERGING INFORMA- ‘‘(1) BIENNIAL REPORT ON ACTIVITIES.—Not or other emerging technologies. Mak- TION TECHNOLOGY COORDINATOR. later than 2 years after the date on which the Administrator makes the first assign- (a) IN GENERAL.—The Small Business Act ing these three simple changes will ment of responsibilities under subsection (b), (15 U.S.C. 631 et seq.) is amended— allow more of our small businesses to and every 2 years thereafter, the broadband (1) by redesignating section 45 as section not only access previously untapped and emerging information technology coor- 46; and customers and markets; it will also dinator shall submit to the Committee on (2) by inserting after section 44 the fol- Small Business and Entrepreneurship of the allow them to become more competi- lowing: tive with their foreign counterparts, Senate and the Committee on Small Busi- ‘‘SEC. 45. BROADBAND AND EMERGING INFORMA- ness of the House of Representatives a report fostering innovation and job creation. TION TECHNOLOGY. I have heard from a number of my regarding the programs and activities of the ‘‘(a) DEFINITION.—In this section, the term Administration relating to broadband and Committee members and I know how ‘broadband and emerging information tech- important this issue is to them, and I other emerging information technologies. nology coordinator’ means the individual as- ‘‘(2) REPORT ON FEDERAL PROGRAMS.—Not am proud to introduce this legislation signed the broadband and emerging informa- later than 1 year after the date of enactment for the second consecutive Congress. I tion technology coordination responsibilities of this section, the broadband and emerging look forward to working with them in of the Administration under subsection information technology coordinator, in con- the coming months to get this legisla- (b)(1). sultation with the Secretary of Agriculture, tion to the President’s desk. ‘‘(b) ASSIGNMENT OF COORDINATOR.— the Assistant Secretary of Commerce for Mr. President, I ask unanimous con- ‘‘(1) ASSIGNMENT OF COORDINATOR.—The Ad- Communications and Information, and the sent that the text of the bill be printed ministrator shall assign responsibility for Chairman of the Federal Communications coordinating the programs and activities of in the RECORD. Commission, shall submit to the Committee There being no objection, the text of the Administration relating to broadband on Small Business and Entrepreneurship of and emerging information technology to an the bill was ordered to be printed in the Senate and the Committee on Small individual who— Business of the House of Representatives a the RECORD, as follows: ‘‘(A) shall report directly to the Adminis- report on the programs of the Federal Gov- S. 257 trator; ernment that provide assistance to small Be it enacted by the Senate and House of Rep- ‘‘(B) shall work in coordination with— business concerns relating to broadband and resentatives of the United States of America in ‘‘(i) the chief information officer, the chief emerging information technologies, which Congress assembled, technology officer, and the head of the Office shall include recommendations, if any, for SECTION 1. SHORT TITLE. of Technology of the Administration; and improving coordination among the pro- This Act may be cited as the ‘‘Small Busi- ‘‘(ii) any Associate Administrator of the grams.’’. ness Broadband and Emerging Information Administration determined appropriate by (b) ELIMINATION OF VACANT POSITION RE- Technology Enhancement Act of 2011’’. the Administrator; QUIRED.— SEC. 2. FINDINGS. ‘‘(C) has experience developing and imple- (1) ELIMINATION.—Before assigning the first Congress finds that, according to a report menting telecommunications policy in the broadband and emerging technologies coordi- by the Federal Communications Commission private sector or government; and nator under section 45 of the Small Business

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00054 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S485 Act, as added by subsection (a) of this sec- Employees Compensation Reform Act nearly 30 percent of the current work- tion, the Administrator shall— of 2011. This bill would preserve the es- ers’ comp recipients are age 66 and (A) identify a position within the Adminis- sential purpose of the Federal Workers’ older, while the average retirement age tration that is— Compensation Program, which is to en- for both Federal employees and postal (i) vacant on the date of enactment of this Act; and sure income for injured Federal and workers is age 60. (ii) required to be filled by an employee in postal workers, while at the same time With no mandatory Federal retire- the Senior Executive Service or at GS–15 of it would protect the program from ment age, FECA recipients are allowed the General Schedule; and fraud and abuse. to stay on workers’ comp rolls for their (B) eliminate the position identified under The Federal Employees Compensa- entire lifetimes, even when there is no subparagraph (A). tion Act, which is known as FECA, pro- expectation that they will return to (2) RESTRICTION.—For purposes of para- vides benefits that serve as a safety net work because of their advanced age. graph (1), the Administrator may not elimi- for Federal employees and postal em- Some employees have continued to nate a position established by the Small ployees who are injured on the job, pro- receive Federal workers’ comp benefits Business Act (15 U.S.C. 631 et seq.), the Small viding income until the healing process Business Investment Act 1958 (15 U.S.C. 661 into their hundreds. For the U.S. Post- et seq.), or any Federal statute. and rehabilitation allowed them to re- al Service alone, let’s look at the sta- SEC. 5. ENTREPRENEURIAL DEVELOPMENT. turn to work. Obviously, we want to tistics. Section 21(c)(3)(B) of the Small Business support those employees until they can As we can see, there are more than Act (15 U.S.C. 648(c)(3)(B)) is amended— return to work. That is both humane 15,000 recipients in total. Of those, (1) in the matter preceding clause (i), by and just. more than 2,000 recipients are age 70 or inserting ‘‘accessing broadband and other Over the years, however, this pro- older; 927 recipients are age 80 or older; emerging information technology,’’ after gram has unintentionally morphed into 132 recipients are age 90 or older; and ‘‘technology transfer,’’; an alternative retirement program astonishingly enough, 3 postal employ- (2) in clause (ii), by striking ‘‘and’’ at the that is far more financially lucrative ees receiving workers’ comp are age 98 end; for recipients than the standard Fed- (3) in clause (iii), by adding ‘‘and’’ at the or older. end; and eral retirement system. Because of the Mr. President, it is obvious these (4) by adding at the end the following: way the program is structured, for workers are not going back to work. ‘‘(iv) increasing the competitiveness and some individuals, FECA has become a They clearly should be transitioned to productivity of small business concerns by gold-plated retirement system, tainted the retirement system. I must ask the assisting entrepreneurs in accessing by unfairness, perverse incentives, and obvious question: Is there any likeli- broadband and other emerging information the potential for abuse and fraud. hood at all these recipients are ever technology;’’. This program pays monthly benefits going to return to the workforce? No. SEC. 6. CAPITAL ACCESS. to about 49,000 recipients. Those are re- Then why aren’t they transitioning to (a) IN GENERAL.—Section 7(a) of the Small cipients who have suffered a work-re- Business Act (15 U.S.C. 636(a)) is amended in the retirement system when they reach the matter preceding paragraph (1) by insert- lated injury and have been approved for retirement age? Think how unfair that ing ‘‘(including to purchase equipment for workers’ comp benefits. is to the worker who does retire, say, In the past fiscal year, this program broadband or other emerging information at age 65 and gets a lesser amount. technologies)’’ after ‘‘equipment’’. cost $2.78 billion. Of that amount, near- Right now, the way the system is (b) MICROLOANS.—Section 7(m)(1)(A)(iii)(I) ly $1.1 billion went to Postal Service structured it does not encourage people of the Small Business Act (15 U.S.C. employees receiving these benefits. to go back to work or to transfer to re- 636(m)(1)(A)(iii)(I)) is amended by inserting This program has become increas- ‘‘(including to purchase equipment for ingly expensive and requires some com- tirement at an age when most of their broadband or other emerging information monsense reforms—reforms that many fellow workers would have retired. To technologies)’’ after ‘‘or equipment’’. States have already implemented in prevent this continued abuse, my bill SEC. 7. REPORT TO CONGRESS. would convert retirement-eligible post- (a) IN GENERAL.—Not later than 45 days their own workers’ comp programs. As it currently operates, FECA in- al and Federal employees on workers’ after the date of enactment of this Act, the compensation to the retirement system Administrator, in consultation with the Ad- cludes a perverse financial incentive ministrator of General Services, shall submit that encourages older employees who when they reach age 65. to the Committee on Small Business and En- otherwise would have retired to con- Now, that is generous, Mr. President, trepreneurship of the Senate and the Com- tinue to receive workers’ comp bene- because we know the average retire- mittee on Small Business of the House of fits. ment age is actually 60. I would choose Representatives a report on ways to assist Remember, these payments are de- age 65. This is a commonsense change with the development of broadband and wire- signed as a bridge to help injured work- that would save millions of dollars that less technology that would benefit small the Postal Service, the Federal Govern- business concerns. ers until they are able to return to (b) CONTENT OF THE REPORT.—The report work. That is the important phrase— ment, and the American taxpayer can- submitted under subsection (a) shall— ‘‘return to work.’’ This program was not afford to spend. It is also a matter (1) outline the participation by the Admin- never intended to serve as a higher of fairness, Mr. President. But we must istration in the National Antenna Program, paying alternative to the Federal re- also examine other elements of the including the number of wireless towers de- tirement system. FECA program to determine whether ployed on facilities which contain an office Federal employees on FECA receive there are some additional improve- of the Administration; an average of 73 percent of their gross ments that are necessary. (2) information on agreements between the Unlike many State programs, the Administration and the General Services Ad- pay. Moreover, these workers’ comp ministration related to broadband and wire- benefits are tax free—another substan- Federal workers’ compensation pro- less deployment in offices of the Administra- tial benefit. gram has no cap nor time limits on tion; and By contrast, a Federal employee, benefits. Moreover, the Federal Depart- (3) recommendations, if any, on opportuni- with 30 years of service under the Civil ment of Labor acknowledges a 2- to 3- ties for the Administration to improve Service Retirement System, would av- percent fraud rate in the program. I broadband or wireless technology in offices erage slightly more than 56 percent of suspect it may be even higher. We need of the Administration that are in areas cur- his or her gross pay as a retirement to reduce this rate of fraud by exam- rently underserved or unserved by broadband ining whether the medical certification service providers. benefit, and these retirement benefits are taxed. It pays then to stay on requirements and other internal con- By Ms. COLLINS: workers’ comp for as long as possible, trols should be strengthened. Are we S. 261. A bill to amend chapter 81 or since many recipients receive more doing medical reviews to see if these title 5, United States Code, to provide money under that program than they individuals could go back to work? for reform relating to Federal employ- would if they were to retire. For example, a former postal worker ees workers compensation; to the Com- Let me again emphasize that these was sentenced just a week or so ago to mittee on Homeland Security and Gov- workers’ comp payments are tax free— 5 months in jail after pleading guilty ernmental Affairs. another big difference. to workers’ compensation fraud. The Ms. COLLINS. Mr. President, I rise In fact, according to the numbers employee claimed he was unable to this evening to introduce the Federal produced by the Department of Labor, walk from his parked car to the post

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00055 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S486 CONGRESSIONAL RECORD — SENATE February 2, 2011 office. But at the same time he was re- S. RES. 36 SENATE RESOLUTION 37—RECOG- ceiving tax-free workers’ compensation Whereas in a 1-year period, an estimated NIZING THE GOALS OF CATHOLIC benefits, he was also operating a snow 3,400,000 people in the United States reported SCHOOLS WEEK AND HONORING removal and lawn care business. being stalked, and 75 percent of victims re- THE VALUABLE CONTRIBUTIONS In addition, about 100 other claim- port that they were stalked by someone they OF CATHOLIC SCHOOLS IN THE know; ants per year are prosecuted by the De- Whereas 81 percent of women who are UNITED STATES partment of Labor’s Office of Inspector stalked by an intimate partner are also Mr. VITTER (for himself, Ms. General because they received workers’ physically assaulted by that partner, and 76 LANDRIEU, and Mr. JOHANNS) submitted compensation and their retirement percent of women who are killed by an inti- the following resolution; which was pay. These are the so-called ‘‘double- mate partner were also stalked by that inti- considered and agreed to: dippers.’’ mate partner; S. RES. 37 Mr. President, as part of my effort to Whereas 11 percent of victims reported strengthen oversight of this program, I having been stalked for more than 5 years, Whereas Catholic schools in the United and 23 percent of victims reported having States have received international acclaim have asked the Government Account- been stalked almost every day; for academic excellence while providing stu- ability Office, along with Senator Whereas 1 in 4 victims reported that they dents with lessons that extend far beyond COBURN and Senator MCCASKILL, to were aware of email, instant messaging, the classroom; audit the FECA program and report on blogs or bulletin boards, internet sites, or Whereas Catholic schools present a broad the length of time individuals remain chat rooms being used against them by their curriculum that emphasizes the lifelong de- on the program, the number of recipi- stalkers, and 1 in 13 victims reported that velopment of moral, intellectual, physical, ents who exceed the standard Federal stalkers had used electronic devices to mon- and social values in the young people of the itor them; retirement age, and how the Federal United States; Whereas stalking victims are forced to Whereas Catholic schools in the United program compares to State workers’ take drastic measures to protect themselves, States today educate 2,119,341 students and compensation best practices. I expect including changing identity, relocating, maintain a student-to-teacher ratio of 14 to these findings will lead to additional changing jobs, and obtaining protection or- 1; reform proposals as the bill proceeds ders; Whereas the faculty members of Catholic through the Senate. Whereas 1 in 7 victims has relocated in an schools teach a highly diverse body of stu- I also intend to work with stake- effort to escape a stalker; dents; Whereas approximately 130,000 victims re- Whereas the graduation rate for all Catho- holders to determine if changes in the ported having been fired or asked to leave a Federal Employees Retirement Sys- lic school students is 99 percent; job because of stalking, and about 1 in 8 em- Whereas 97 percent of Catholic high school tem, the FERS system, as opposed to ployed victims missed work because they graduates go on to college; the old Civil Service Retirement Sys- feared for their safety or were taking steps Whereas Catholic schools produce students tem are necessary to make sure that to protect themselves, such as seeking a re- strongly dedicated to their faith, values, workers’ compensation recipients straining order; families, and communities by providing an would be treated fairly when they are Whereas less than half of victims report intellectually stimulating environment rich stalking to police, and only 7 percent of vic- converted to FERS retirement benefits in spiritual character and moral develop- tims contacted a victim service provider, ment; and under this bill. shelter, or hotline; For example, this may require the Whereas in the 1972 pastoral message con- Whereas stalking is a crime under Federal cerning Catholic education, the National Department of Labor to administer the law and under the laws of all 50 States, the Conference of Catholic Bishops stated, ‘‘Edu- Thrift Savings Plan contributions for District of Columbia, and the territories of cation is one of the most important ways by recipients or to require Social Security the United States; which the Church fulfills its commitment to contributions from workers’ compensa- Whereas stalking affects victims of every the dignity of the person and building of race, age, culture, gender, sexual orienta- tion recipients. community. Community is central to edu- tion, physical and mental ability, and eco- cation ministry, both as a necessary condi- What is clear, however, is that this nomic status; tion and an ardently desired goal. The edu- program is in need of urgent reform. Whereas national organizations, local vic- cational efforts of the Church, therefore, The program is costing too much, in- tim service organizations, prosecutors’ of- must be directed to forming persons-in-com- fices, and police departments stand ready to jured workers are not being monitored munity; for the education of the individual assist stalking victims and are working dili- sufficiently and helped to return to Christian is important not only to his soli- gently to develop effective and innovative productive work, recipients who should tary destiny, but also the destinies of the be in the retirement system are instead responses to stalking; Whereas there is a need to improve the many communities in which he lives.’’: Now, receiving tax-free benefits, and some criminal justice system’s response to stalk- therefore, be it agencies have high claim rates, sug- ing through more aggressive investigation Resolved, That the Senate— gesting that safety improvements are and prosecution; (1) recognizes the goals of Catholic Schools needed. Whereas there is a need for increased avail- Week, an event cosponsored by the National Catholic Educational Association and the For the sake of fairness and fiscal re- ability of victim services across the country, and such services must include programs tai- United States Conference of Catholic sponsibility, we must reform this pro- Bishops that recognizes the vital contribu- gram now. Not doing so is an affront to lored to meet the needs of stalking victims; and tions of thousands of Catholic elementary the thousands of Federal employees Whereas the Senate finds that ‘‘National and secondary schools in the United States; who enter the retirement system. It is Stalking Awareness Month’’ provides an op- and a disservice to those Federal and postal portunity to educate the people of the (2) commends Catholic schools, students, employees who truly need workers’ United States about stalking: Now, there- parents, and teachers across the United compensation benefits, and it is an un- fore, be it States for their ongoing contributions to education, and for the vital role they play in necessary burden on taxpayers. Resolved, That the Senate— (1) designates January 2011 as ‘‘National promoting and ensuring a brighter, stronger f Stalking Awareness Month’’; future for the United States. (2) applauds the efforts of the many stalk- SUBMITTED RESOLUTIONS f ing victim service providers, police, prosecu- tors, national and community organizations, SENATE RESOLUTION 38—CON- SENATE RESOLUTION 36—RAISING and private sector supporters for their ef- GRATULATING BROOKLYN CEN- AWARENESS AND ENCOURAGING forts in promoting awareness about stalking; TER, MINNESOTA, ON ITS 100TH (3) encourages policymakers, criminal jus- PREVENTION OF STALKING BY tice officials, victim service and human serv- ANNIVERSARY. DESIGNATING JANUARY 2011 AS ice agencies, college campuses and univer- Ms. KLOBUCHAR (for herself and Mr. ‘‘NATIONAL STALKING AWARE- sities, nonprofit organizations, and others to FRANKEN) submitted the following res- NESS MONTH’’ increase awareness of stalking and the avail- olution; which was considered and Ms. KLOBUCHAR (for herself, Mrs. ability of services for stalking victims; and agreed to: (4) urges national and community organi- HUTCHISON, Mr. LEAHY, Mr. CHAMBLISS, zations, businesses in the private sector, and S. RES. 38 Mr. KOHL, and Mr. ISAKSON) submitted the media to promote awareness of the crime Whereas February 5, 2011, marks the 100th the following resolution; which was of stalking through ‘‘National Stalking anniversary of the establishment of Brook- considered and agreed to: Awareness Month’’. lyn Center, Minnesota;

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00056 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S487 Whereas in the summer of 1852, individuals Whereas during the BCS National Cham- SENATE RESOLUTION 40—CON- came to Brooklyn Center and cleared rich, pionship Game, Lombardi Award winner GRATULATING THE UNIVERSITY tillable land to farm and build homes; Nick Fairley recorded 5 tackles, including 3 OF AKRON MEN’S SOCCER TEAM Whereas those industrious individuals tackles for losses, 1 sack, and 1 forced fum- ON WINNING THE NATIONAL quickly transformed Brooklyn Center into a ble, and was named the Bowl Championship COLLEGIATE ATHLETIC ASSOCIA- prosperous farming community, where Min- Series Defensive Player of the Game; nesotans grew and gathered harvests that fed TION DIVISION I MEN’S SOCCER Whereas running back Michael Dyer CHAMPIONSHIP countless families throughout the region; rushed for 143 yards on 22 carries, including Whereas Brooklyn Center was incorporated 57 yards on the game-winning drive, and was Mr. BROWN of Ohio (for himself and as a village in 1911, became a city in 1967, and named the Bowl Championship Series Offen- Mr. PORTMAN) submitted the following continues to be a community where all resi- sive Player of the Game; resolution; which was considered and dents can feel proud to live, work, and raise Whereas Wes Byrum kicked a 19-yard field agreed to: their families; Whereas Brooklyn Center has successfully goal in front of 78,600 fans as time expired to S. RES. 40 balanced economic growth and business de- break the 19 to 19 tie and win the game; Whereas on December 12, 2010, the Univer- velopment with an enduring focus on family Whereas Gene Chizik, in his second season sity of Akron men’s soccer team, known as values and small town charm; as head coach of the Auburn University foot- the Zips, won the National Collegiate Ath- Whereas, as of the date of agreement to ball team, won the Associated Press South- letic Association College Cup in Santa Bar- this resolution, Brooklyn Center boasts 522 eastern Conference Coach of the Year Award, bara, California and became the first team to acres of parks and nature centers, a first- the Home Depot Coach of the Year Award, win a national title in the history of the Uni- rate education system, quality health care the Liberty Mutual Coach of the Year versity of Akron; options, accessible transportation, and the Award, the Bobby Bowden National Colle- Whereas, with the victory over the pre- historic Earle Brown Heritage Center; and giate Coach of the Year Award, and the Paul viously undefeated and top-ranked Univer- Whereas Brooklyn Center is a city with a ‘‘Bear’’ Bryant Award; sity of Louisville Cardinals, the 2010 Univer- proud history and a strong place in the herit- Whereas Gene Chizik instilled character, sity of Akron men’s soccer team finished its age of the State of Minnesota and the United integrity, and the values espoused in the Au- historic championship season with a record of 22 wins, 1 loss, and 2 draws; States: Now, therefore, be it burn Creed in his players and inspired the Whereas the 2010 University of Akron Resolved, That the Senate— Auburn players, students, and fans through- men’s soccer team has become a symbol of (1) congratulates Brooklyn Center, Min- out the season with the theme of ‘‘All In’’; pride and success to the University of Akron nesota on its 100th anniversary; and Whereas offensive coordinator and quarter- (2) commends the Minnesotans who have and the communities in Northeast Ohio sur- backs coach Gus Malzahn was recognized as made Brooklyn Center, Minnesota ‘‘A Great rounding the University of Akron; the top assistant coach in the country, re- Place to Start and a Great Place to Stay’’. Whereas the athletic program of the Uni- ceiving the 2010 Broyles Award for leading versity of Akron encourages student-athletes f the offense of the 2010 Auburn University to compete on the field, complete degrees in football team to single-season school records SENATE RESOLUTION 39—CON- the classroom, and become contributing for total offensive yards, total rushing yards, members of society; GRATULATING THE AUBURN UNI- and points scored; Whereas, each year, University of Akron VERSITY FOOTBALL TEAM FOR Whereas the vision and leadership of Presi- student-athletes and coaches participate in WINNING THE 2010 BOWL CHAM- dent Jay Gogue and Athletic Director Jay community service activities; PIONSHIP SERIES NATIONAL Jacobs was instrumental in bringing aca- Whereas the head coach of the University CHAMPIONSHIP demic and athletic success and national rec- of Akron men’s soccer team, Caleb Porter, has won 1 national title and taken the men’s Mr. SESSIONS (for himself and Mr. ognition to Auburn University; Whereas the winning season of the 2010 Au- soccer team to 2 national championship SHELBY) submitted the following reso- games in the 2 years prior to date of the ap- lution; which was considered and burn University football team was also made possible by the leadership and service of past proval of this resolution; agreed to: Auburn men such as George Petrie, John Whereas associate head coach Jared Embick, assistant coach Oliver Slawson, and S. RES. 39 Heisman, Ralph ‘‘Shug’’ Jordan, Jim Fyffe, volunteer assistant coach Liam Curran Whereas the Auburn University Tigers won and James E. Foy; played an important role in coaching the the Tostitos Bowl Championship Series Na- Whereas the 2010 BCS National Champion- University of Akron men’s soccer team; tional Championship Game (referred to in ship Game was a victory not only for the 2010 Whereas midfielder Scott Caldwell was this preamble as the ‘‘BCS National Cham- Auburn University football team, but also named the most outstanding offensive player pionship Game’’) in Glendale, Arizona, on for the great Auburn University football of the College Cup; January 10, 2011, in a thrilling victory over teams and players throughout the history of Whereas defender Kofi Sarkodie was named the University of Oregon Ducks with a score the program, including the undefeated teams the most outstanding defensive player of the of 22 to 19; of 1958, 1993, and 2004 and players Bo Jack- College Cup; Whereas the Auburn University Tigers son, Pat Sullivan, Tracy Rocker, Terry Whereas forward and midfielder Darlington earned their seventh Southeastern Con- Beasley, Jason Campbell, Carnell Williams, Nagbe is a finalist for the Hermann Trophy, ference title by defeating the University of Ronnie Brown, Ed Dyas, and Quentin Rig- which is awarded to the best men’s collegiate South Carolina Gamecocks on December 5, soccer player in the United States; 2010, with a score of 56 to 17; gins; and Whereas 44 members of the University of Whereas the Auburn University Tigers fin- Whereas the 2010 Auburn University foot- Akron men’s soccer team have been named ished the 2010 season with a perfect record of ball team has brought great honor to Auburn All-Americans, including 2 members from 14 wins and 0 losses; University, the Auburn University family, the 2010 season, defender Kofi Sarkodie and Whereas the Auburn University Tigers won and the entire State of Alabama: Now, there- forward and midfielder Darlington Nagbe; 6 games against nationally ranked opponents fore, be it Whereas 12 members of the University of during the 2010 season; Resolved, That the Senate— Akron men’s soccer team have been named Whereas the 2010 BCS National Champion- (1) congratulates the Auburn University Academic All-Americans, including 4 mem- ship Game marks the second national college football team for winning the 2010 Bowl bers from the 2010 season—defender Kofi football championship in the storied history Championship Series National Champion- Sarkodie, defender Chad Barson, goalkeeper of Auburn University; ship; David Meves, and midfielder Anthony Whereas the Auburn University football (2) recognizes the achievements of the Ampaipitakwong; team earned its first national college foot- players, coaches, students, and staff whose Whereas the 2010 University of Akron ball championship in the 1957 season, when men’s soccer team was comprised of— the team was led by Coach Ralph ‘‘Shug’’ hard work and dedication were instrumental in helping the Auburn University Tigers win (1) 3 seniors—midfielder Anthony Jordan and quarterback Lloyd Nix; Ampaipitakwong, defender Chris Korb, and Whereas the victory of the Auburn Univer- the national championship; and (3) respectfully requests the Secretary of defender Enrique Paez; sity Tigers in the 2010 BCS National Cham- (2) 5 juniors—midfielder Michael Balogun, the Senate to transmit an enrolled copy of pionship Game was the fifth consecutive BCS midfielder and defender Matt Dagilis, for- national championship won by a school in this resolution to— ward and midfielder Darlington Nagbe, the Southeastern Conference; (A) the President of Auburn University, Dr. midfielder Michael Nanchoff, and defender Whereas in 2010, the Auburn University Ti- Jay Gogue; Kofi Sarkodie; gers were led by quarterback Cam Newton, (B) the Athletic Director of Auburn Uni- (3) 7 sophomores—defender Chad Barson, winner of the Heisman Trophy, the Maxwell versity, Jay Jacobs; and midfielder Scott Caldwell, goalkeeper David Award, the Davey O’Brien Award, the Walter (C) the Head Coach of the Auburn Univer- Meves, goalkeeper Anthony Ponikvar, for- Camp Award, the Associated Press Player of sity football team, Gene Chizik. ward Thomas Schmitt, midfielder Ben Speas, the Year Award, and the Manning Award; and defender Zarek Valentin; and

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00057 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S488 CONGRESSIONAL RECORD — SENATE February 2, 2011 (4) 9 freshmen—midfielder Reinaldo amendment intended to be proposed by him (2) in paragraph (6), by striking the period Brenes, forward Richard Diaz, Jr., forward to the bill S. 223, supra; which was ordered to and inserting ‘‘; and’’; and Gabriel Genovesi, midfielder Perry Kitchen, lie on the table. (3) by adding at the end the following: forward Darren Mattocks, goalkeeper SA 33. Mr. COCHRAN (for himself and Mr. ‘‘(7) pest control pyrotechnics manufac- Andrian McAdams, midfielder Martin WICKER) submitted an amendment intended tured, imported, used, and stored in accord- Ontiveros, midfielder Eric Stevenson, and to be proposed by him to the bill S. 223, ance with regulations issued by the Attorney forward McKauly Tulloch; supra; which was ordered to lie on the table. General.’’. Whereas 11 members of the 2010 University SA 34. Mr. NELSON of Florida submitted (b) EXEMPTION AUTHORITY.—Section 845 of of Akron men’s soccer team hail from the an amendment intended to be proposed by title 18, United States Code, is amended by State of Ohio; and him to the bill S. 223, supra; which was or- inserting at the end the following: ‘‘(d) The Attorney General may exempt Whereas the University of Akron men’s dered to lie on the table. from all or a part of the provisions of this soccer team should be praised for its historic SA 35. Mr. ENSIGN submitted an amend- chapter explosive materials or explosive de- season of both athletic and academic accom- ment intended to be proposed by him to the vices containing such materials when a de- plishments: Now, therefore, be it bill S. 223, supra; which was ordered to lie on termination is made, by regulation, that the Resolved, That the Senate— the table. explosive materials or explosive devices— (1) congratulates the University of Akron f ‘‘(1) are of a type that does not pose a men’s soccer team on winning the National threat to public safety; and Collegiate Athletic Association Division I TEXT OF AMENDMENTS ‘‘(2) are unlikely to be used as a weapon.’’. Men’s Soccer Championship; SA 22. Mr. PRYOR submitted an (c) EFFECTIVE DATE.—The amendment (2) recognizes the athletic program of the amendment intended to be proposed by made by this section shall take effect 180 University of Akron for encouraging stu- him to the bill S. 223, to modernize the days after the date of enactment of this Act. dent-athletes to achieve in both sports and air traffic control system, improve the academics; and SA 25. Mr. VITTER submitted an (3) requests the Secretary of the Senate to safety, reliability, and availability of transportation by air in the United amendment intended to be proposed by transmit an enrolled copy of this resolution him to the bill S. 223, to modernize the for appropriate display to— States, provide modernization of the (A) the University of Akron; air traffic control system, reauthorize air traffic control system, improve the (B) Dr. Luis M. Proenza, the President of the Federal Aviation Administration, safety, reliability, and availability of the University of Akron; and and for other purposes; which was or- transportation by air in the United (C) Caleb Porter, the head coach of the dered to lie on the table; as follows: States, provide modernization of the University of Akron men’s soccer team. air traffic control system, reauthorize On page 143, beginning on line 10, strike f ‘‘for’’ and all that follows through the Federal Aviation Administration, and for other purposes; which was or- AMENDMENTS SUBMITTED AND ‘‘enplanements’’ on line 13 and insert dered to lie on the table; as follows: PROPOSED ‘‘capped at 20 percent’’. At the end of title VII, add the following: SA 22. Mr. PRYOR submitted an amend- SA 23. Mr. VITTER submitted an SEC. 7ll. SUBSISTENCE USE OF NATURAL RE- ment intended to be proposed by him to the amendment intended to be proposed to SOURCES. bill S. 223, to modernize the air traffic con- amendment SA 17 submitted by Mr. (a) DEFINITIONS.—Section 1001 of the Oil trol system, improve the safety, reliability, Pollution Act of 1990 (33 U.S.C. 2701) is TOOMEY and intended to be proposed to and availability of transportation by air in amended by adding at the end the following: the United States, provide modernization of the bill S. 223, to modernize the air ‘‘(45) BARTER.—The term ‘barter’ has the the air traffic control system, reauthorize traffic control system, improve the meaning given the term in section 100.4 of the Federal Aviation Administration, and for safety, reliability, and availability of title 50, Code of Federal Regulations (or a other purposes; which was ordered to lie on transportation by air in the United successor regulation). the table. States, provide modernization of the ‘‘(46) SUBSISTENCE COMMUNITY.—The term SA 23. Mr. VITTER submitted an amend- air traffic control system, reauthorize ‘subsistence community’ means an Indian ment intended to be proposed to amendment the Federal Aviation Administration, tribe or other community in which there ex- SA 17 submitted by Mr. TOOMEY and in- ists, as determined by the Secretary, a le- tended to be proposed to the bill S. 223, and for other purposes; which was or- gitimate system of bartering natural re- supra; which was ordered to lie on the table. dered to lie on the table; as follows: sources taken for subsistence uses. SA 24. Mr. COCHRAN (for himself, Mr. At the end of the amendment, add the fol- ‘‘(47) SUBSISTENCE USE.—The term ‘subsist- PRYOR, and Mr. WICKER) submitted an lowing: ence use’ has the meaning given the term in amendment intended to be proposed by him (c) PRIORITIZE PAYMENT OF SOCIAL SECU- section 100.4 of title 50, Code of Federal Reg- to the bill S. 223, supra; which was ordered to RITY BENEFITS.—Notwithstanding subsection ulations (or a successor regulation).’’. lie on the table. (b), in the event that the debt of the United (b) SUBSISTENCE USE.—Section 1002(b)(2) of SA 25. Mr. VITTER submitted an amend- States Government, as so defined, reaches the Oil Pollution Act of 1990 (33 U.S.C. ment intended to be proposed by him to the the statutory limit, the authority described 2702(b)(2)) is amended by striking subpara- bill S. 223, supra; which was ordered to lie on in subsection (b) and the authority of the graph (C) and inserting the following: the table. Commissioner of Social Security to pay ‘‘(C) SUBSISTENCE USE.—Damages for loss of SA 26. Mr. NELSON of Florida submitted monthly old-age, survivors’, and disability subsistence use of natural resources, which an amendment intended to be proposed by insurance benefits under title II of the Social shall be recoverable by— him to the bill S. 223, supra; which was or- Security Act shall be given equal priority ‘‘(i) any claimant who so uses natural re- dered to lie on the table. over all other obligations incurred by the sources that have been injured, destroyed, or SA 27. Mr. WYDEN submitted an amend- Government of the United States. lost, without regard to the ownership or ment intended to be proposed by him to the management of the resources; or bill S. 223, supra; which was ordered to lie on SA 24. Mr. COCHRAN (for himself, ‘‘(ii) any subsistence community the bar- the table. Mr. PRYOR, and Mr. WICKER) submitted tering system of which is negatively affected SA 28. Mr. LEVIN (for himself, Mr. INOUYE, an amendment intended to be proposed by a discharge of oil.’’. Mr. LEAHY, Mr. SANDERS, Mr. ROCKEFELLER, by him to the bill S. 223, to modernize (c) GULF COAST NATURAL RESOURCES.—Sec- Mrs. FEINSTEIN, and Mrs. SHAHEEN) proposed tion 1006 of the Oil Pollution Act of 1990 (33 an amendment to the bill S. 223, supra. the air traffic control system, improve U.S.C. 2706) is amended by adding at the end SA 29. Mr. NELSON of Nebraska (for him- the safety, reliability, and availability the following: self and Mr. SCHUMER) submitted an amend- of transportation by air in the United ‘‘(h) GULF COAST NATURAL RESOURCES.— ment intended to be proposed by him to the States, provide modernization of the Not later than 30 days after the date of en- bill S. 223, supra; which was ordered to lie on air traffic control system, reauthorize actment of this subsection, for the purpose the table. the Federal Aviation Administration, of making payments of damages described in SA 30. Mr. BROWN of Ohio (for himself and and for other purposes; which was or- section 1002(b)(2)(C), the Administrator of Ms. STABENOW) submitted an amendment in- the Gulf Coast Claims Facility shall com- tended to be proposed by him to the bill S. dered to lie on the table; as follows: plete an assessment of subsistence commu- 223, supra; which was ordered to lie on the At the end of title VII, insert the fol- nities (including the Vietnamese commu- table. lowing: nity) in the Gulf Coast region to determine SA 31. Mr. MORAN submitted an amend- SEC. lll. AMENDMENT RELATING TO PEST the quantity and value of natural resources ment intended to be proposed by him to the CONTROL EXPLOSIVES. harvested and retained for bartering within bill S. 223, supra; which was ordered to lie on (a) SPECIFIC EXEMPTION.—Section 845(a) of each subsistence community.’’. the table. title 18, United States Code, is amended— SA 32. Mr. ENSIGN (for himself, Mr. (1) in paragraph (5), by striking ‘‘and’’ SA 26. Mr. NELSON of Florida sub- CONRAD, and Mr. HOEVEN) submitted an after the semicolon; mitted an amendment intended to be

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00058 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S489 proposed by him to the bill S. 223, to shall include a significant portion of public (b) EFFECTIVE DATE.— modernize the air traffic control sys- lands (as defined in section 203 of the Public (1) IN GENERAL.—The amendments made by tem, improve the safety, reliability, Lands Corps Act of 1993 (16 U.S.C. 1722))’’. this section shall apply to taxes paid or ac- and availability of transportation by crued in taxable years beginning after De- SA 28. Mr. LEVIN (for himself, Mr. cember 31, 2010. air in the United States, provide mod- INOUYE, Mr. LEAHY, Mr. SANDERS, Mr. (2) CONTRARY TREATY OBLIGATIONS ernization of the air traffic control sys- ROCKEFELLER, Mrs. FEINSTEIN, and Mrs. UPHELD.—The amendments made by this sec- tem, reauthorize the Federal Aviation SHAHEEN) proposed an amendment to tion shall not apply to the extent contrary Administration, and for other pur- the bill S. 223, to modernize the air to any treaty obligation of the United poses; which was ordered to lie on the traffic control system, improve the States. table; as follows: safety, reliability, and availability of SEC. 1104. RULES RELATING TO FOREIGN OIL At the end of title VII, add the following: transportation by air in the United AND GAS INCOME. SEC. ll. SENSE OF CONGRESS RELATING TO States, provide modernization of the (a) SEPARATE BASKET FOR FOREIGN TAX THE PATIENT PROTECTION AND AF- CREDIT.—Paragraph (1) of section 904(d) of FORDABLE CARE ACT. air traffic control system, reauthorize the Federal Aviation Administration, the Internal Revenue Code of 1986 is amended (a) FINDINGS.—Congress finds that— by striking ‘‘and’’ at the end of subparagraph (1) on March 23, 2010, President Obama and for other purposes; as follows: (A), by striking the period at the end of sub- signed the Patient Protection and Affordable On page 335, after line 20, insert the fol- paragraph (B) and inserting ‘‘, and’’, and by Care Act (Public Law 111–148; 124 Stat. 119) lowing: adding at the end the following: into law, overhauling the healthcare system TITLE XI—ADDITIONAL PROVISIONS ‘‘(C) combined foreign oil and gas income of the United States and guaranteeing access SEC. 1101. REPEAL OF EXPANSION OF INFORMA- (as defined in section 907(b)(1)).’’ to medical insurance for millions of unin- TION REPORTING REQUIREMENTS. (b) COORDINATION.—Section 904(d)(2) of the sured Americans; Section 9006 of the Patient Protection and Internal Revenue Code of 1986 is amended by (2) nearly two dozen lawsuits trying to Affordable Care Act, and the amendments redesignating subparagraphs (J) and (K) as block all or portions of the Patient Protec- made thereby, are hereby repealed; and the subparagraphs (K) and (L) and by inserting tion and Affordable Care Act have been filed Internal Revenue Code of 1986 shall be ap- after subparagraph (I) the following: in United States district courts since the plied as if such section, and amendments, ‘‘(J) COORDINATION WITH COMBINED FOREIGN date of enactment of that Act; had never been enacted. OIL AND GAS INCOME.—For purposes of this (3) the lawsuits are focused largely on the SEC. 1102. DENIAL OF DEDUCTION FOR MAJOR section, passive category income and general constitutionality of the so-called individual INTEGRATED OIL COMPANIES FOR category income shall not include combined mandate, the requirement that all Ameri- INCOME ATTRIBUTABLE TO DOMES- foreign oil and gas income (as defined in sec- cans purchase healthcare coverage or pay a TIC PRODUCTION OF OIL, GAS, OR tion 907(b)(1)).’’ fine, that is included in the Patient Protec- PRIMARY PRODUCTS THEREOF. tion and Affordable Care Act; (a) IN GENERAL.—Subparagraph (B) of sec- (c) CONFORMING AMENDMENTS.— (4) the first two United States district tion 199(c)(4) of the Internal Revenue Code of (1) Section 907(a) of the Internal Revenue court judges to rule on the question, one in 1986 is amended by striking ‘‘or’’ at the end Code of 1986 is hereby repealed. Detroit, Michigan, and one in Lynchburg, of clause (ii), by striking the period at the (2) Section 907(c)(4) of such Code is hereby Virginia, upheld the constitutionality of the end of clause (iii) and inserting ‘‘, or’’, and repealed. individual mandate; by inserting after clause (iii) the following (3) Section 907(f) of such Code is hereby re- (5) two other United States district court new clause: pealed. judges, in Richmond, Virginia, and Pensa- ‘‘(iv) in the case of a taxpayer which is a (d) EFFECTIVE DATES.— cola, Florida, found that the individual man- major integrated oil company (as defined in (1) IN GENERAL.—The amendments made by date exceeds the regulatory authority of section 167(h)(5)(B)), oil related qualified pro- this section shall apply to taxable years be- Congress under the Commerce Clause of the duction activities (within the meaning of ginning after December 31, 2010. Constitution; subsection (d)(9)(B)).’’. (2) TRANSITIONAL RULES.— (6) these conflicting decisions have left the (b) CONFORMING AMENDMENT.—Section (A) CARRYOVERS.—Any unused foreign oil fate of the Patient Protection and Affordable 199(d)(9)(A) of the Internal Revenue Code of and gas taxes which under section 907(f) of Care Act uncertain; 1986 is amended by inserting ‘‘(other than a the Internal Revenue Code of 1986 (as in ef- (7) the decisions have been appealed to the major integrated oil company (as defined in fect before the amendment made by sub- section 167(h)(5)(B))’’ after ‘‘taxpayer’’. United States Court of Appeals for the section (c)(3)) would have been allowable as a (c) EFFECTIVE DATE.—The amendments Fourth Circuit, the United States Court of carryover to the taxpayer’s first taxable made by this section shall apply to taxable Appeals for the Sixth Circuit, and the United year beginning after December 31, 2010 (with- years beginning after December 31, 2010. States Court of Appeals for the Eleventh Cir- out regard to the limitation of paragraph (2) SEC. 1103. MODIFICATIONS OF FOREIGN TAX cuit; and of such section 907(f) for first taxable year) CREDIT RULES APPLICABLE TO shall be allowed as carryovers under section (8) on January 19, 2011, the House of Rep- DUAL CAPACITY TAXPAYERS. 904(c) of such Code in the same manner as if resentatives voted 245 to 189 to repeal the (a) IN GENERAL.—Section 901 of the Inter- Patient Protection and Affordable Care Act. nal Revenue Code of 1986 (relating to credit such taxes were unused taxes under such sec- (b) SENSE OF CONGRESS.—It is the sense of for taxes of foreign countries and of posses- tion 904(c) with respect to foreign oil and gas Congress that— sions of the United States) is amended by re- extraction income. (1) the constitutionality of the Patient designating subsection (n) as subsection (o) (B) LOSSES.—The amendment made by sub- Protection and Affordable Care Act (Public and by inserting after subsection (m) the fol- section (c)(2) shall not apply to foreign oil Law 111–148; 124 Stat. 119) is of imperative lowing new subsection: and gas extraction losses arising in taxable public importance; and ‘‘(n) SPECIAL RULES RELATING TO DUAL CA- years beginning on or before the date of the (2) on petition, the Supreme Court of the PACITY TAXPAYERS.— enactment of this Act. United States should grant a writ of certio- ‘‘(1) GENERAL RULE.—Notwithstanding any SEC. 1105. REQUIRED MINIMUM 10-YEAR TERM, rari under rule 11 of the Rules of the Su- other provision of this chapter, any amount ETC., FOR GRANTOR RETAINED AN- preme Court of the United States regarding paid or accrued by a dual capacity taxpayer NUITY TRUSTS. the constitutionality of that Act before judg- to a foreign country or possession of the (a) IN GENERAL.—Subsection (b) of section ment in the matter is entered in a United United States for any period with respect to 2702 of the Internal Revenue Code of 1986 is States court of appeals. combined foreign oil and gas income (as de- amended— fined in section 907(b)(1)) shall not be consid- (1) by redesignating paragraphs (1), (2), and SA 27. Mr. WYDEN submitted an ered a tax to the extent such amount exceeds (3) as subparagraphs (A), (B), and (C), respec- amendment intended to be proposed by the amount (determined in accordance with tively, and by moving such subparagraphs him to the bill S. 223, to modernize the regulations) which would have been required (as so redesignated) 2 ems to the right, air traffic control system, improve the to be paid if the taxpayer were not a dual ca- (2) by striking ‘‘For purposes of’’ and in- safety, reliability, and availability of pacity taxpayer. serting the following: transportation by air in the United ‘‘(2) DUAL CAPACITY TAXPAYER.—For pur- ‘‘(1) IN GENERAL.—For purposes of’’, States, provide modernization of the poses of this subsection, the term ‘dual ca- (3) by striking ‘‘paragraph (1) or (2)’’ in air traffic control system, reauthorize pacity taxpayer’ means, with respect to any paragraph (1)(C) (as so redesignated) and in- foreign country or possession of the United serting ‘‘subparagraph (A) or (B)’’, and the Federal Aviation Administration, States, a person who— (4) by adding at the end the following new and for other purposes; which was or- ‘‘(A) is subject to a levy of such country or paragraph: dered to lie on the table; as follows: possession, and ‘‘(2) ADDITIONAL REQUIREMENTS WITH RE- On page 96, lines 4 and 5, strike ‘‘at 4 test ‘‘(B) receives (or will receive) directly or SPECT TO GRANTOR RETAINED ANNUITIES.—For sites in the National Airspace System by indirectly a specific economic benefit (as de- purposes of subsection (a), in the case of an 2012’’ and insert ‘‘by 2012 at 10 test sites in termined in accordance with regulations) interest described in paragraph (1)(A) (deter- the National Airspace System, one of which from such country or possession.’’. mined without regard to this paragraph)

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00059 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S490 CONGRESSIONAL RECORD — SENATE February 2, 2011 which is retained by the transferor, such in- the skin and revealing other objects on the safety, reliability, and availability of terest shall be treated as described in such body; and transportation by air in the United paragraph only if— ‘‘(B) may include devices using backscatter States, provide modernization of the ‘‘(A) the right to receive the fixed amounts x-rays or millimeter waves and devices re- air traffic control system, reauthorize referred to in such paragraph is for a term of ferred to as ‘whole-body imaging technology’ not less than 10 years, or ‘body scanning’. the Federal Aviation Administration, ‘‘(B) such fixed amounts, when determined ‘‘(2) JOURNALIST.—The term ‘journalist’— and for other purposes; which was or- on an annual basis, do not decrease relative ‘‘(A) means a person who— dered to lie on the table; as follows: to any prior year during the first 10 years of ‘‘(i) with the primary intent to investigate On page 335, after line 20, insert the fol- the term referred to in subparagraph (A), and events and procure material in order to dis- lowing: ‘‘(C) the remainder interest has a value seminate to the public news or information TITLE XI—EXTENSION OF HEALTH greater than zero determined as of the time concerning local, national, or international INSURANCE COSTS TAX CREDIT of the transfer.’’. events or other matters of public interest, (b) EFFECTIVE DATE.—The amendments regularly gathers, prepares, collects, photo- SEC. 1101. IMPROVEMENT OF THE AFFORD- made by this section shall apply to transfers graphs, records, writes, edits, reports, or ABILITY OF THE CREDIT. made after the date of the enactment of this publishes on such matters by— (a) IN GENERAL.—Section 35(a) of the Inter- Act. ‘‘(I) conducting interviews; nal Revenue Code of 1986 is amended by ‘‘(II) making direct observation of events; striking ‘‘February 13, 2011’’ and inserting SA 29. Mr. NELSON of Nebraska (for or ‘‘July 1, 2012’’. himself and Mr. SCHUMER) submitted ‘‘(III) collecting, reviewing, or analyzing (b) CONFORMING AMENDMENT.—Section an amendment intended to be proposed original writings, statements, communica- 7527(b) of such Code is amended by striking by him to the bill S. 223, to modernize tions, reports, memoranda, records, tran- ‘‘February 13, 2011’’ and inserting ‘‘July 1, 2012’’. the air traffic control system, improve scripts, documents, photographs, recordings, tapes, materials, data, or other information (c) EFFECTIVE DATE.—The amendments the safety, reliability, and availability made by this section shall apply to coverage of transportation by air in the United whether in paper, electronic, or other form; ‘‘(ii) has such intent at the inception of the months beginning after February 12, 2011. States, provide modernization of the process of gathering the news or information SEC. 1102. PAYMENT FOR THE MONTHLY PRE- air traffic control system, reauthorize sought; and MIUMS PAID PRIOR TO COMMENCE- the Federal Aviation Administration, ‘‘(iii) obtains the news or information MENT OF THE ADVANCE PAYMENTS OF CREDIT. and for other purposes; which was or- sought in order to disseminate the news or (a) IN GENERAL.—Section 7527(e) of the In- information by means of print (including dered to lie on the table; as follows: ternal Revenue Code of 1986 is amended by newspapers, books, wire services, news agen- At the end of title VII, add the following: striking ‘‘February 13, 2011’’ and inserting cies, or magazines), broadcasting (including SEC. 733. CRIMINAL PENALTY FOR UNAUTHOR- ‘‘July 1, 2012’’. dissemination through networks, cable, sat- IZED RECORDING OR DISTRIBUTION (b) EFFECTIVE DATE.—The amendment ellite carriers, broadcast stations, or a chan- OF SECURITY SCREENING IMAGES. made by this section shall apply to coverage (a) IN GENERAL.—Part I of title 18, United nel or programming service for any such months beginning after February 12, 2011. States Code, is amended by adding at the end media), mechanical, photographic, elec- the following: tronic, or other means; SEC. 1103. TAA RECIPIENTS NOT ENROLLED IN ‘‘(B) includes a supervisor, employer, par- TRAINING PROGRAMS ELIGIBLE FOR ‘‘CHAPTER 124—UNAUTHORIZED RECORD- CREDIT. ent company, subsidiary, or affiliate of a per- ING AND DISTRIBUTION OF SECURITY (a) IN GENERAL.—Section 35(c)(2)(B) of the son described in subparagraph (A); and SCREENING IMAGES Internal Revenue Code of 1986 is amended by ‘‘(C) does not include any person who is— ‘‘Sec. striking ‘‘February 13, 2011’’ and inserting ‘‘(i) a foreign power or an agent of a for- ‘‘2731. Criminal penalty for unauthorized re- ‘‘July 1, 2012’’. eign power, as those terms are defined in sec- cording and distribution of se- (b) EFFECTIVE DATE.—The amendment tion 101 of the Foreign Intelligence Surveil- curity screening images. made by this section shall apply to coverage lance Act of 1978 (50 U.S.C. 1801); ‘‘§ 2731. Criminal penalty for unauthorized re- months beginning after February 12, 2011. ‘‘(ii) a member or affiliate of a foreign ter- cording and distribution of security screen- rorist organization designated under section SEC. 1104. TAA PRE-CERTIFICATION PERIOD ing images 219(a) of the Immigration and Nationality RULE FOR PURPOSES OF DETER- ‘‘(a) IN GENERAL.—Except as specifically MINING WHETHER THERE IS A 63- Act (8 U.S.C. 1189(a)); provided in subsection (b), it shall be unlaw- DAY LAPSE IN CREDITABLE COV- ‘‘(iii) any person whose property and inter- ful for an individual— ERAGE. ests in property are blocked pursuant to Ex- ‘‘(1) to photograph or otherwise record an (a) IRC AMENDMENT.—Section 9801(c)(2)(D) ecutive Order 13224 (66 Fed. Reg. 49079; relat- image produced using advanced imaging of the Internal Revenue Code of 1986 is ing to blocking property and prohibiting technology during the screening of an indi- amended by striking ‘‘February 13, 2011’’ and transacting with persons who commit, vidual at an airport, or upon entry into any inserting ‘‘July 1, 2012’’. threaten to commit, or support terrorism), building owned or operated by the Federal (b) ERISA AMENDMENT.—Section Executive Order 12947 (60 Fed. Reg. 5079; pro- Government, without express authorization 701(c)(2)(C) of the Employee Retirement In- hibiting transactions with terrorists who pursuant to a Federal law or regulation; or come Security Act of 1974 (29 U.S.C. threaten to disrupt the Middle East peace ‘‘(2) to distribute any such image to any 1181(c)(2)(C)) is amended by striking ‘‘Feb- process), or any other executive order relat- individual who is not authorized pursuant to ruary 13, 2011’’ and inserting ‘‘July 1, 2012’’. ing to terrorism; a Federal law or regulation to receive the (c) PHSA AMENDMENT.—Section ‘‘(iv) committing or attempting to commit image. 2701(c)(2)(C) of the Public Health Service Act the crime of terrorism, as that offense is de- ‘‘(b) EXCEPTIONS.— (42 U.S.C. 300gg(c)(2)(C)) is amended by strik- fined in section 2331(5) or 2332b(g)(5) of title ‘‘(1) RECORDINGS TO BE USED IN CRIMINAL ing ‘‘February 13, 2011’’ and inserting ‘‘July 18, United States Code; PROSECUTION.—The prohibition under sub- 1, 2012’’. ‘‘(v) committing or attempting to commit section (a) shall not apply to an individual (d) EFFECTIVE DATE.—The amendments the crime of providing material support or who, during the course and within the scope made by this section shall apply to plan resources, as that term is defined in section of the individual’s employment, records or years beginning after February 12, 2011. 2339A(b)(1) of title 18, United States Code, to distributes an image described in subsection SEC. 1105. CONTINUED QUALIFICATION OF FAM- a terrorist organization; or (a) solely to be used in a criminal investiga- ILY MEMBERS AFTER CERTAIN ‘‘(vi) aiding, abetting, or conspiring in ille- tion or prosecution. EVENTS. gal activity with a person described in clause ‘‘(2) LIABILITY OF JOURNALISTS.—The prohi- (a) IN GENERAL.—Section 35(g)(9) of the In- (i), (ii), (iii), (iv), or (v).’’. bition under subsection (a) shall not apply to ternal Revenue Code of 1986 is amended by (b) TECHNICAL AND CONFORMING AMEND- a journalist that publishes an image de- striking ‘‘February 13, 2011’’ and inserting MENT.—The table of chapters for part I of ‘‘July 1, 2012’’. scribed in that subsection if the journalist title 18, United States Code, is amended by has a good faith belief that the image was (b) CONFORMING AMENDMENT.—Section inserting after the item relating to chapter 173(f)(8) of the Workforce Investment Act of not recorded or distributed in violation of 123 the following: that prohibition. 1998 (29 U.S.C. 2918(f)(8)) is amended by strik- ‘‘124. Unauthorized recording and dis- ‘‘(c) PENALTY.—An individual who violates ing ‘‘February 13, 2011’’ and inserting ‘‘July the prohibition in subsection (a) shall be tribution of security screening 1, 2012’’. fined under this title, imprisoned for not images ...... 2731’’. (c) EFFECTIVE DATE.—The amendments made by this section shall apply to months more than 1 year, or both. SA 30. Mr. BROWN of Ohio (for him- ‘‘(d) DEFINITIONS.—In this section: beginning after February 12, 2011. self and Ms. STABENOW) submitted an ‘‘(1) ADVANCED IMAGING TECHNOLOGY.—The SEC. 1106. EXTENSION OF COBRA BENEFITS FOR term ‘advanced imaging technology’— amendment intended to be proposed by CERTAIN TAA-ELIGIBLE INDIVID- ‘‘(A) means a device that creates a visual him to the bill S. 223, to modernize the UALS AND PBGC RECIPIENTS. image of an individual showing the surface of air traffic control system, improve the (a) ERISA AMENDMENTS.—

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(1) PBGC RECIPIENTS.—Section 602(2)(A)(v) Defense in response to a solicitation for of- tems at the test sites referred to in sub- of the Employee Retirement Income Secu- fers for such program, consider any unfair section (a)(1). rity Act of 1974 (29 U.S.C. 1162(2)(A)(v)) is competitive advantage that an offeror may amended by striking ‘‘February 12, 2011’’ and possess. SA 33. Mr. COCHRAN (for himself and inserting ‘‘June 30, 2012’’. (b) REPORT.—Not later than 60 days after Mr. WICKER) submitted an amendment (2) TAA-ELIGIBLE INDIVIDUALS.—Section submission of offers in response to any such intended to be proposed by him to the 602(2)(A)(vi) of such Act (29 U.S.C. solicitation, the Secretary of Defense shall bill S. 223, to modernize the air traffic 1162(2)(A)(vi)) is amended by striking ‘‘Feb- submit to the congressional defense commit- control system, improve the safety, re- ruary 12, 2011’’ and inserting ‘‘June 30, 2012’’. tees a report on any unfair competitive ad- liability, and availability of transpor- (b) IRC AMENDMENTS.— vantage that any offeror may possess. (1) PBGC RECIPIENTS.—Section (c) REQUIREMENT TO TAKE FINDINGS INTO tation by air in the United States, pro- 4980B(f)(2)(B)(i)(V) of the Internal Revenue ACCOUNT IN AWARD OF CONTRACT.—In award- vide modernization of the air traffic Code of 1986 is amended by striking ‘‘Feb- ing a contract for the KC–X aerial refueling control system, reauthorize the Fed- ruary 12, 2011’’ and inserting ‘‘June 30, 2012’’. aircraft program (or any successor to that eral Aviation Administration, and for (2) TAA-ELIGIBLE INDIVIDUALS.—Section program), the Secretary of Defense shall other purposes; which was ordered to 4980B(f)(2)(B)(i)(VI) of such Code is amended take into account the findings of the report lie on the table; as follows: by striking ‘‘February 12, 2011’’ and inserting submitted under subsection (b). At the end of section 320, add the fol- ‘‘June 30, 2012’’. (d) DEFINITIONS.—In this section: lowing: (c) PHSA AMENDMENTS.—Section (1) The term ‘‘congressional defense com- (c) CENTER OF EXCELLENCE FOR UNMANNED 2202(2)(A)(iv) of the Public Health Service mittees’’ has the meaning given such term in AERIAL SYSTEMS.—Within 6 months of the Act (42 U.S.C. 300bb-2(2)(A)(iv)) is amended section 101(a)(16) of title 10, United States date of enactment of this Act, the Adminis- by striking ‘‘February 12, 2011’’ and inserting Code. trator shall designate an institution or coali- ‘‘June 30, 2012’’. (2) The term ‘‘unfair competitive advan- tion of institutions to assist with integra- (d) EFFECTIVE DATE.—The amendments tage’’, with respect to an offer for a contract, tion matters described in subsection (a) as a made by this section shall apply to periods of means a situation in which the cost of devel- Center of Excellence for Unmanned Aerial coverage which would (without regard to the opment, production, or manufacturing is not Systems. amendments made by this section) end on or fully borne by the offeror for such contract. after February 12, 2011. SA 34. Mr. NELSON of Florida sub- SEC. 1107. ADDITION OF COVERAGE THROUGH SA 32. Mr. ENSIGN (for himself, Mr. VOLUNTARY EMPLOYEES’ BENE- CONRAD, and Mr. HOEVEN) submitted an mitted an amendment intended to be FICIARY ASSOCIATIONS. amendment intended to be proposed by proposed by him to the bill S. 223, to (a) IN GENERAL.—Section 35(e)(1)(K) of the him to the bill S. 223, to modernize the modernize the air traffic control sys- Internal Revenue Code of 1986 is amended by air traffic control system, improve the tem, improve the safety, reliability, striking ‘‘February 13, 2011’’ and inserting safety, reliability, and availability of and availability of transportation by ‘‘July 1, 2012’’. transportation by air in the United air in the United States, provide mod- (b) EFFECTIVE DATE.—The amendment ernization of the air traffic control sys- made by this section shall apply to coverage States, provide modernization of the months beginning after February 12, 2011. air traffic control system, reauthorize tem, reauthorize the Federal Aviation Administration, and for other pur- SEC. 1108. NOTICE REQUIREMENTS. the Federal Aviation Administration, (a) IN GENERAL.—Section 7527(d)(2) of the and for other purposes; which was or- poses; which was ordered to lie on the Internal Revenue Code of 1986 is amended by dered to lie on the table; as follows: table; as follows: striking ‘‘February 13, 2011’’ and inserting Beginning on page 96, strike line 9 and all Beginning with line 1 on page 236, strike ‘‘July 1, 2012’’. that follows through page 97, line 8, and in- through line 14 on page 237. (b) EFFECTIVE DATE.—The amendment sert the following: made by this section shall apply to certifi- (3) establishes a process to develop— SA 35. Mr. ENSIGN submitted an cates issued after February 12, 2011. (A) air traffic requirements for all un- amendment intended to be proposed by SEC. 1109. APPLICATION OF LEVY TO PAYMENTS manned aerial systems at the test sites; and him to the bill S. 223, to modernize the TO FEDERAL VENDORS RELATING (B) certification and flight standards for air traffic control system, improve the TO PROPERTY. nonmilitary unmanned aerial systems at the safety, reliability, and availability of (a) IN GENERAL.—Section 6331(h)(3) of the test sites; transportation by air in the United Internal Revenue Code of 1986 is amended by (4) dedicates funding for unmanned aerial striking ‘‘of goods or services’’ and all that States, provide modernization of the systems research and development relating air traffic control system, reauthorize follows and inserting ‘‘of— to— ‘‘(A) goods or services sold or leased to the (A) air traffic requirements; and the Federal Aviation Administration, Federal Government, or (B) certification and flight standards for and for other purposes; which was or- ‘‘(B) in the case of levies issued during the nonmilitary unmanned aerial systems in the dered to lie on the table; as follows: 2-year period beginning after the date of the National Airspace System; At the end of title VII, add the following: enactment of this subparagraph, property so (5) encourages leveraging and coordination sold or leased.’’. SEC. 733. EXTENDING THE LENGTH OF FLIGHTS of such research and development activities FROM RONALD REAGAN WASH- (b) EFFECTIVE DATE.—The amendment with the National Aeronautics and Space Ad- INGTON NATIONAL AIRPORT. made by this section shall apply to levies ministration and the Department of Defense; Section 41718 is amended by adding at the issued after the date of the enactment of this (6) uniquely addresses the requirements of end the following: Act. military and nonmilitary unmanned aerial ‘‘(g) USE OF AIRPORT SLOTS FOR BEYOND PE- system operations; RIMETER FLIGHTS.—Notwithstanding section SA 31. Mr. MORAN submitted an (7) ensures the unmanned aircraft systems 49109 or any other provision of law, any air amendment intended to be proposed by integration plan is incorporated in the Ad- carrier that holds or operates air carrier him to the bill S. 223, to modernize the ministration’s NextGen Air Transportation slots at Ronald Reagan Washington National air traffic control system, improve the System implementation plan; and Airport as of January 1, 2011, pursuant to safety, reliability, and availability of (8) provides for integration into the Na- subparts K and S of part 93 of title 14, Code transportation by air in the United tional Airspace System of safety standards of Federal Regulations, which are being used States, provide modernization of the and navigation procedures validated— as of that date for scheduled service between air traffic control system, reauthorize (A) under the pilot project created pursu- that airport and a large hub airport (as de- ant to paragraph (1); or fined in section 40102(a)(29)), may use such the Federal Aviation Administration, (B) through other related research and de- slots for service between Ronald Reagan and for other purposes; which was or- velopment activities carried out pursuant to Washington National Airport and any air- dered to lie on the table; as follows: paragraph (4). port located outside of the perimeter restric- At the end of title VII, add the following: (b) TEST SITE CRITERIA.—The Adminis- tion described in section 49109.’’. SEC. 733. CONSIDERATION OF UNFAIR COMPETI- trator shall take into consideration geo- f TIVE ADVANTAGE IN EVALUATION graphical and climate diversity in deter- OF OFFERS FOR KC–X AERIAL RE- mining where the test sites to be established AUTHORITY FOR COMMITTEES TO FUELING AIRCRAFT PROGRAM. under the pilot project required by sub- MEET (a) REQUIREMENT TO CONSIDER UNFAIR COM- section (a)(1) are to be located. COMMITTEE ON ENVIRONMENT AND PUBLIC PETITIVE ADVANTAGE.—In awarding a con- (c) CERTIFICATION AND FLIGHT STANDARDS WORKS tract for the KC–X aerial refueling aircraft FOR MILITARY UNMANNED AERIAL SYSTEMS.— program (or any successor to that program), The Secretary of Defense shall establish a Mr. BAUCUS. Mr. President, I ask the Secretary of Defense shall, in evaluating process to develop certification and flight unanimous consent that the Com- any offers submitted to the Department of standards for military unmanned aerial sys- mittee on Environment and Public

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00061 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S492 CONGRESSIONAL RECORD — SENATE February 2, 2011 Works be authorized to meet during A resolution (S. Res. 30) celebrating Feb- the immediate consideration en bloc of the session of the Senate at 10 a.m. on ruary 2, 2011, as the 25th anniversary of ‘‘Na- the following resolutions which were February 2, 2011, in room SD–406 of the tional Women and Girls in Sports Day.’’ submitted earlier today: S. Res. 36, S. Dirksen Senate Office Building. There being no objection, the Senate Res. 37, S. Res. 38, S. Res. 39, and S. The PRESIDING OFFICER. Without proceeded to consider the resolution. Res. 40. objection, it is so ordered. Mr. ROCKEFELLER. I ask unani- There being no objection, the Senate mous consent the resolution be agreed COMMITTEE ON THE JUDICIARY proceeded to consider the resolutions to, the preamble be agreed to, the mo- Mr. BAUCUS. Mr. President, I ask en bloc. tion to reconsider be laid on the table. unanimous consent that the Com- The PRESIDING OFFICER. Without Mr. ROCKEFELLER. I ask unani- mittee on the Judiciary be authorized objection, it is so ordered. mous consent the resolutions be agreed to meet during the session of the Sen- The resolution (S. Res. 30) was agreed to, the preambles be agreed to, the mo- ate, on February 2, 2011, at 10 a.m. in to. tions to reconsider be laid on the table room SD–226 of the Dirksen Senate Of- The preamble was agreed to. en bloc, with no intervening action or fice Building, to conduct a hearing en- The resolution, with its preamble, debate, and any statements be printed titled ‘‘The Constitutionality of the Af- reads as follows: in the RECORD. fordable Care Act.’’ S. RES. 30 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Whereas women’s athletics are one of the objection, it is so ordered. objection, it is so ordered. most effective avenues available for the The resolutions were agreed to en COMMITTEE ON THE JUDICIARY women of the United States to develop self- bloc. Mr. BAUCUS. Mr. President, I ask discipline, initiative, confidence, and leader- The preambles were agreed to en unanimous consent that the Com- ship skills; bloc. mittee on the Judiciary be authorized Whereas sports and fitness activities con- to meet during the session of the Sen- tribute to emotional and physical well-being; The resolutions, with their pre- Whereas women need strong bodies as well ambles, read as follows: ate, on February 2, 2011, at 2 p.m., in as strong minds; room SD–226 of the Dirksen Senate Of- Whereas the history of women in sports is S. Res. 36 fice Building, to conduct a hearing en- rich and long, but there has been little na- Raising awareness and encouraging preven- titled ‘‘Nominations.’’ tional recognition of the significance of the tion of stalking by designating January The PRESIDING OFFICER. Without athletic achievements of women; 2011 as ‘‘National Stalking Awareness objection, it is so ordered. Whereas there is a need to restore women Month’’. to leadership positions in athletics to ensure f Whereas in a 1-year period, an estimated a fair representation of the abilities of 3,400,000 people in the United States reported PRIVILEGES OF THE FLOOR women and to provide role models for young being stalked, and 75 percent of victims re- female athletes; Mr. BAUCUS. Mr. President, I ask port that they were stalked by someone they Whereas the bonds built between women know; unanimous consent that the following through athletics help to break down the so- Whereas 81 percent of women who are staff of the Finance Committee be al- cial barriers of racism and prejudice; stalked by an intimate partner are also lowed on the Senate floor during the Whereas the communication and coopera- physically assaulted by that partner, and 76 debate of the FAA Air Transportation tion skills learned through athletic experi- percent of women who are killed by an inti- Modernization and Safety Improve- ence play a key role in the contributions of mate partner were also stalked by that inti- ment Act: an athlete to her home, workplace, and soci- mate partner; ety; Whereas 11 percent of victims reported Ellen Montz, Lisa Yen, Jonathan Whereas women’s athletics has produced Jaffery, Kevin Ward, Shannon having been stalked for more than 5 years, such winners as Flo Hyman, whose spirit, and 23 percent of victims reported having Olberding, Jack McGillis, Eric Roberts, talent, and accomplishments distinguished been stalked almost every day; Brian Allison, Michael Grant, Andrew her above others and who exhibited the true Whereas 1 in 4 victims reported that they Fishburn, Matthew McFeeley, and Jes- meaning of fairness, determination, and were aware of email, instant messaging, sica Kawamura. team play; blogs or bulletin boards, internet sites, or The PRESIDING OFFICER. Without Whereas parents feel that sports are equal- chat rooms being used against them by their objection, it is so ordered. ly important for boys and girls and that stalkers, and 1 in 13 victims reported that sports and fitness activities provide impor- stalkers had used electronic devices to mon- Mr. HARKIN. Mr. President, I ask tant benefits to girls who participate; unanimous consent that Steven Bren- itor them; Whereas early motor-skill training and en- Whereas stalking victims are forced to ner and Kirsten Abel of my staff be joyable experiences of physical activity take drastic measures to protect themselves, granted floor privileges for the dura- strongly influence life-long habits of phys- including changing identity, relocating, tion of today’s session. ical fitness; changing jobs, and obtaining protection or- The PRESIDING OFFICER. Without Whereas the performances of female ath- ders; objection, it is so ordered. letes in the Olympic Games are a source of Whereas 1 in 7 victims has relocated in an Mr. DURBIN. Mr. President, I ask inspiration and pride to the people of the effort to escape a stalker; United States; unanimous consent that Coti-Lynne Whereas approximately 130,000 victims re- Whereas the athletic opportunities for ported having been fired or asked to leave a Haia, a fellow on Senator INOUYE’s male students at the collegiate and high job because of stalking, and about 1 in 8 em- staff, be granted the privilege of the school levels remain significantly greater ployed victims missed work because they floor for the duration of the Senate’s than those for female students; and feared for their safety or were taking steps consideration S. 233, the FAA Air Whereas the number of funded research to protect themselves, such as seeking a re- Transportation Modernization and projects focusing on the specific needs of straining order; Safety Improvement Act. women athletes is limited and the informa- Whereas less than half of victims report The PRESIDING OFFICER. Without tion provided by these projects is imperative stalking to police, and only 7 percent of vic- to the health and performance of future objection, it is so ordered. tims contacted a victim service provider, women athletes: Now, therefore, be it shelter, or hotline; f Resolved, That the Senate— Whereas stalking is a crime under Federal (1) celebrates February 2, 2011, as the 25th law and under the laws of all 50 States, the NATIONAL WOMEN AND GIRLS IN anniversary of ‘‘National Women and Girls SPORTS DAY District of Columbia, and the territories of in Sports Day’’; and the United States; Mr. ROCKEFELLER. Mr. President, I (2) encourages State and local jurisdic- Whereas stalking affects victims of every ask unanimous consent the Judiciary tions, appropriate Federal agencies, and the race, age, culture, gender, sexual orienta- people of the United States to observe ‘‘Na- Committee be discharged from further tion, physical and mental ability, and eco- tional Women and Girls in Sports Day’’ with nomic status; consideration and the Senate now pro- appropriate ceremonies and activities. ceed to consideration of S. Res. 30. Whereas national organizations, local vic- f tim service organizations, prosecutors’ of- The PRESIDING OFFICER. Without RESOLUTIONS SUBMITTED TODAY fices, and police departments stand ready to objection, it is so ordered. The clerk assist stalking victims and are working dili- will report the resolution by title. Mr. ROCKEFELLER. I ask unani- gently to develop effective and innovative The legislative clerk read as follows: mous consent the Senate proceed to responses to stalking;

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00062 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S493 Whereas there is a need to improve the tions of thousands of Catholic elementary winner of the Heisman Trophy, the Maxwell criminal justice system’s response to stalk- and secondary schools in the United States; Award, the Davey O’Brien Award, the Walter ing through more aggressive investigation and Camp Award, the Associated Press Player of and prosecution; (2) commends Catholic schools, students, the Year Award, and the Manning Award; Whereas there is a need for increased avail- parents, and teachers across the United Whereas during the BCS National Cham- ability of victim services across the country, States for their ongoing contributions to pionship Game, Lombardi Award winner and such services must include programs tai- education, and for the vital role they play in Nick Fairley recorded 5 tackles, including 3 lored to meet the needs of stalking victims; promoting and ensuring a brighter, stronger tackles for losses, 1 sack, and 1 forced fum- and future for the United States. ble, and was named the Bowl Championship Whereas the Senate finds that ‘‘National S. RES. 38 Series Defensive Player of the Game; Stalking Awareness Month’’ provides an op- Congratulating Brooklyn Center, Minnesota Whereas running back Michael Dyer portunity to educate the people of the on its 100th anniversary. rushed for 143 yards on 22 carries, including United States about stalking: Now, there- Whereas February 5, 2011, marks the 100th 57 yards on the game-winning drive, and was fore, be it anniversary of the establishment of Brook- named the Bowl Championship Series Offen- Resolved, That the Senate— sive Player of the Game; (1) designates January 2011 as ‘‘National lyn Center, Minnesota; Whereas in the summer of 1852, individuals Whereas Wes Byrum kicked a 19-yard field Stalking Awareness Month’’; goal in front of 78,600 fans as time expired to (2) applauds the efforts of the many stalk- came to Brooklyn Center and cleared rich, tillable land to farm and build homes; break the 19 to 19 tie and win the game; ing victim service providers, police, prosecu- Whereas those industrious individuals Whereas Gene Chizik, in his second season tors, national and community organizations, quickly transformed Brooklyn Center into a as head coach of the Auburn University foot- and private sector supporters for their ef- prosperous farming community, where Min- ball team, won the Associated Press South- forts in promoting awareness about stalking; nesotans grew and gathered harvests that fed eastern Conference Coach of the Year Award, (3) encourages policymakers, criminal jus- countless families throughout the region; the Home Depot Coach of the Year Award, tice officials, victim service and human serv- Whereas Brooklyn Center was incorporated the Liberty Mutual Coach of the Year ice agencies, college campuses and univer- as a village in 1911, became a city in 1967, and Award, the Bobby Bowden National Colle- sities, nonprofit organizations, and others to continues to be a community where all resi- giate Coach of the Year Award, and the Paul increase awareness of stalking and the avail- dents can feel proud to live, work, and raise ‘‘Bear’’ Bryant Award; ability of services for stalking victims; and their families; Whereas Gene Chizik instilled character, (4) urges national and community organi- Whereas Brooklyn Center has successfully integrity, and the values espoused in the Au- zations, businesses in the private sector, and balanced economic growth and business de- burn Creed in his players and inspired the the media to promote awareness of the crime velopment with an enduring focus on family Auburn players, students, and fans through- of stalking through ‘‘National Stalking values and small town charm; Awareness Month’’. out the season with the theme of ‘‘All In’’; Whereas, as of the date of agreement to Whereas offensive coordinator and quarter- S. RES. 37 this resolution, Brooklyn Center boasts 522 backs coach Gus Malzahn was recognized as Recognizing the goals of Catholic Schools acres of parks and nature centers, a first- the top assistant coach in the country, re- Week and honoring the valuable contribu- rate education system, quality health care ceiving the 2010 Broyles Award for leading tions of Catholic schools in the United options, accessible transportation, and the the offense of the 2010 Auburn University States. historic Earle Brown Heritage Center; and football team to single-season school records Whereas Catholic schools in the United Whereas Brooklyn Center is a city with a for total offensive yards, total rushing yards, States have received international acclaim proud history and a strong place in the herit- and points scored; for academic excellence while providing stu- age of the State of Minnesota and the United Whereas the vision and leadership of Presi- States: Now, therefore, be it dents with lessons that extend far beyond dent Jay Gogue and Athletic Director Jay the classroom; Resolved, That the Senate— (1) congratulates Brooklyn Center, Min- Jacobs was instrumental in bringing aca- Whereas Catholic schools present a broad demic and athletic success and national rec- curriculum that emphasizes the lifelong de- nesota on its 100th anniversary; and (2) commends the Minnesotans who have ognition to Auburn University; velopment of moral, intellectual, physical, Whereas the winning season of the 2010 Au- and social values in the young people of the made Brooklyn Center, Minnesota ‘‘A Great Place to Start and a Great Place to Stay’’. burn University football team was also made United States; possible by the leadership and service of past S. RES. 39 Whereas Catholic schools in the United Auburn men such as George Petrie, John States today educate 2,119,341 students and Congratulating the Auburn University foot- Heisman, Ralph ‘‘Shug’’ Jordan, Jim Fyffe, maintain a student-to-teacher ratio of 14 to ball team for winning the 2010 Bowl Cham- and James E. Foy; pionship Series National Championship. 1; Whereas the 2010 BCS National Champion- Whereas the faculty members of Catholic Whereas the Auburn University Tigers won ship Game was a victory not only for the 2010 schools teach a highly diverse body of stu- the Tostitos Bowl Championship Series Na- Auburn University football team, but also dents; tional Championship Game (referred to in for the great Auburn University football Whereas the graduation rate for all Catho- this preamble as the ‘‘BCS National Cham- teams and players throughout the history of lic school students is 99 percent; pionship Game’’) in Glendale, Arizona, on the program, including the undefeated teams Whereas 97 percent of Catholic high school January 10, 2011, in a thrilling victory over of 1958, 1993, and 2004 and players Bo Jack- graduates go on to college; the University of Oregon Ducks with a score son, Pat Sullivan, Tracy Rocker, Terry Whereas Catholic schools produce students of 22 to 19; Beasley, Jason Campbell, Carnell Williams, strongly dedicated to their faith, values, Whereas the Auburn University Tigers Ronnie Brown, Ed Dyas, and Quentin Rig- earned their seventh Southeastern Con- families, and communities by providing an gins; and ference title by defeating the University of intellectually stimulating environment rich Whereas the 2010 Auburn University foot- South Carolina Gamecocks on December 5, in spiritual character and moral develop- ball team has brought great honor to Auburn ment; and 2010, with a score of 56 to 17; University, the Auburn University family, Whereas in the 1972 pastoral message con- Whereas the Auburn University Tigers fin- and the entire State of Alabama: Now, there- cerning Catholic education, the National ished the 2010 season with a perfect record of fore, be it Conference of Catholic Bishops stated, ‘‘Edu- 14 wins and 0 losses; cation is one of the most important ways by Whereas the Auburn University Tigers won Resolved, That the Senate— which the Church fulfills its commitment to 6 games against nationally ranked opponents (1) congratulates the Auburn University the dignity of the person and building of during the 2010 season; football team for winning the 2010 Bowl community. Community is central to edu- Whereas the 2010 BCS National Champion- Championship Series National Champion- cation ministry, both as a necessary condi- ship Game marks the second national college ship; tion and an ardently desired goal. The edu- football championship in the storied history (2) recognizes the achievements of the cational efforts of the Church, therefore, of Auburn University; players, coaches, students, and staff whose must be directed to forming persons-in-com- Whereas the Auburn University football hard work and dedication were instrumental munity; for the education of the individual team earned its first national college foot- in helping the Auburn University Tigers win Christian is important not only to his soli- ball championship in the 1957 season, when the national championship; and tary destiny, but also the destinies of the the team was led by Coach Ralph ‘‘Shug’’ (3) respectfully requests the Secretary of many communities in which he lives.’’: Now, Jordan and quarterback Lloyd Nix; the Senate to transmit an enrolled copy of therefore, be it Whereas the victory of the Auburn Univer- this resolution to— Resolved, That the Senate— sity Tigers in the 2010 BCS National Cham- (A) the President of Auburn University, Dr. (1) recognizes the goals of Catholic Schools pionship Game was the fifth consecutive BCS Jay Gogue; Week, an event cosponsored by the National national championship won by a school in (B) the Athletic Director of Auburn Uni- Catholic Educational Association and the the Southeastern Conference; versity, Jay Jacobs; and United States Conference of Catholic Whereas in 2010, the Auburn University Ti- (C) the Head Coach of the Auburn Univer- Bishops that recognizes the vital contribu- gers were led by quarterback Cam Newton, sity football team, Gene Chizik.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00063 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S494 CONGRESSIONAL RECORD — SENATE February 2, 2011 S. RES. 40 Whereas 11 members of the 2010 University (reappointment); and the Honorable Congratulating the University of Akron of Akron men’s soccer team hail from the RICHARD J. DURBIN of Illinois (appoint- men’s soccer team on winning the National State of Ohio; and ment). Collegiate Athletic Association Division I Whereas the University of Akron men’s The Chair, on behalf of the Vice Men’s Soccer Championship. soccer team should be praised for its historic season of both athletic and academic accom- President, pursuant to Public Law 94– Whereas on December 12, 2010, the Univer- plishments: Now, therefore, be it 304, as amended by Public Law 99–7, ap- sity of Akron men’s soccer team, known as Resolved, That the Senate— points the following Senators as mem- the Zips, won the National Collegiate Ath- (1) congratulates the University of Akron bers of the Commission on Security letic Association College Cup in Santa Bar- men’s soccer team on winning the National and Cooperation in Europe during the bara, California and became the first team to Collegiate Athletic Association Division I win a national title in the history of the Uni- 112th Congress: the Honorable BEN- Men’s Soccer Championship; JAMIN L. CARDIN of Maryland (Co- versity of Akron; (2) recognizes the athletic program of the Chairman); the Honorable SHELDON Whereas with the victory over the pre- University of Akron for encouraging stu- viously undefeated and top-ranked Univer- dent-athletes to achieve in both sports and WHITEHOUSE of Rhode Island; the Hon- sity of Louisville Cardinals, the 2010 Univer- academics; and orable TOM UDALL of New Mexico; the sity of Akron men’s soccer team finished its (3) requests the Secretary of the Senate to Honorable JEANNE SHAHEEN of New historic championship season with a record transmit an enrolled copy of this resolution Hampshire, and the Honorable RICHARD of 22 wins, 1 loss, and 2 draws; for appropriate display to— BLUMENTHAL of Connecticut. Whereas the 2010 University of Akron (A) the University of Akron; The Chair, on behalf of the President men’s soccer team has become a symbol of (B) Dr. Luis M. Proenza, the President of pride and success to the University of Akron pro tempore, pursuant to 22 U.S.C. the University of Akron; and 276n, appoints the following Senator as and the communities in Northeast Ohio sur- (C) Caleb Porter, the head coach of the rounding the University of Akron; University of Akron men’s soccer team. Chairman of the U.S.-China Inter- Whereas the athletic program of the Uni- parliamentary Group conference during versity of Akron encourages student-athletes f the 112th Congress: the Honorable to compete on the field, complete degrees in APPOINTMENTS PATTY MURRAY of Washington. the classroom, and become contributing The Chair, on behalf of the Vice members of society; The PRESIDING OFFICER. The President, pursuant to Section 5 of Whereas each year, University of Akron Chair announces, on behalf of the ma- Title I of Division H of Public Law 110– student-athletes and coaches participate in jority leader, pursuant to the provi- 161, appoints the following Senator as community service activities; sions of S. Res. 105, adopted April 13, Whereas the head coach of the University Chairman of the U.S.-Japan Inter- 1989, as amended by S. Res. 149 adopted, of Akron men’s soccer team, Caleb Porter, parliamentary Group conference for October 5, 1993, as amended by Public has won 1 national title and taken the men’s the 112th Congress: the Honorable DAN- Law 105–275, adopted October 21, 1998, soccer team to 2 national championship IEL K. INOUYE of Hawaii. further amended by S. Res. 75, adopted games in the 2 years prior to date of the ap- The Chair, on behalf of the Vice proval of this resolution; March 25 1999, amended by S. Res. 383, President, pursuant to 22 U.S.C. 276h– Whereas associate head coach Jared adopted October 27, 2000, and amended 276k, as amended, appoints the fol- Embick, assistant coach Oliver Slawson, and by S. Res. 355, adopted November 13, lowing Senator as Chairman to the volunteer assistant coach Liam Curran 2002, and further amended by S. Res. played an important role in coaching the Mexico-U.S. Interparliamentary Group 480, adopted November 21, 2004, further University of Akron men’s soccer team; conference for the 112th Congress: the amended by S. Res. 625, adopted De- Whereas midfielder Scott Caldwell was Honorable TOM UDALL of New Mexico. cember 6, 2006, and further amended by named the most outstanding offensive player The Chair, on behalf of the majority S. Res. 715, adopted November 28, 2008, of the College Cup; leader, pursuant to section 154 of Pub- Whereas defender Kofi Sarkodie was named and amended by S. Res. 706, adopted lic Law 108–199, appoints the following the most outstanding defensive player of the December 22, 2010, the appointment of Senator as Chairman of the Senate College Cup; the following Senators as members of Delegation to the U.S.-Russia Inter- Whereas forward and midfielder Darlington the Senate National Security Working Nagbe is a finalist for the Hermann Trophy, parliamentary Group conference during Group for the 112th Congress: the Sen- which is awarded to the best men’s collegiate the 112th Congress: the Honorable E. ator from Hawaii (Mr. INOUYE), who soccer player in the United States; BENJAMIN NELSON of Nebraska. will serve in his capacity as President Whereas 44 members of the University of The Chair, on behalf of the President pro tempore of the Senate; the Senator Akron men’s soccer team have been named pro tempore, and upon the rec- All-Americans, including 2 members from from Michigan (Mr. LEVIN) as Demo- ommendation of the majority leader, the 2010 season, defender Kofi Sarkodie and cratic Co-Chairman; the Senator from pursuant to 22 U.S.C. 2761, as amended, forward and midfielder Darlington Nagbe; Massachusetts (Mr. KERRY) as Demo- appoints the Senator from Vermont Whereas 12 members of the University of cratic Co-Chairman; the Senator from Akron men’s soccer team have been named (Mr. LEAHY) as Chairman of the Senate New Jersey (Mr. LAUTENBERG) as Academic All-Americans, including 4 mem- Delegation to the British-American Democratic Co-Chairman; the Senator bers from the 2010 season—defender Kofi Interparliamentary Group conference from Illinois (Mr. DURBIN); the Senator Sarkodie, defender Chad Barson, goalkeeper during the 112th Congress. David Meves, and midfielder Anthony from Florida (Mr. NELSON); the Senator Ampaipitakwong; from Maryland (Mr. CARDIN); the Sen- f Whereas the 2010 University of Akron ator from Pennsylvania (Mr. CASEY), men’s soccer team was comprised of— and the Senator from Massachusetts (1) 3 seniors—midfielder Anthony (Mr. KERRY) as Majority Administra- ORDERS FOR THURSDAY, Ampaipitakwong, defender Chris Korb, and tive Co-Chairman. FEBRUARY 3, 2011 defender Enrique Paez; The Chair, on behalf of the Vice Mr. ROCKEFELLER. Mr. President, I (2) 5 juniors—midfielder Michael Balogun, midfielder and defender Matt Dagilis, for- President, pursuant to Public Law 83– ask unanimous consent that when the ward and midfielder Darlington Nagbe, 420, as amended by Public Law 99–371, Senate completes its business today, it midfielder Michael Nanchoff, and defender appoints the Senator from Ohio (Mr. adjourn until 9:30 a.m. on Thursday, Kofi Sarkodie; BROWN) to the Board of Trustees of February 3; that following the prayer (3) 7 sophomores—defender Chad Barson, Gallaudet University. and the pledge, the Journal of pro- midfielder Scott Caldwell, goalkeeper David The Chair, on behalf of the President ceedings be approved to date, the Meves, goalkeeper Anthony Ponikvar, for- pro tempore, pursuant to Public Law morning hour be deemed expired, the ward Thomas Schmitt, midfielder Ben Speas, 96–388, as amended by Public Law 97–84 time for the two leaders be reserved for and defender Zarek Valentin; and and Public Law 106–292, appoints and their use later in the day, and fol- (4) 9 freshmen—midfielder Reinaldo reappoints the following Senators to lowing any leader remarks, the Senate Brenes, forward Richard Diaz, Jr., forward the United States Holocaust Memorial resume consideration of Calendar No. 5, Gabriel Genovesi, midfielder Perry Kitchen, forward Darren Mattocks, goalkeeper Council for the 112th Congress: the S. 223, the Federal Aviation Adminis- Andrian McAdams, midfielder Martin Honorable FRANK R. LAUTENBERG of tration authorization bill. Ontiveros, midfielder Eric Stevenson, and New Jersey (reappointment); the Hon- The PRESIDING OFFICER. Without forward McKauly Tulloch; orable BERNARD SANDERS of Vermont objection, it is so ordered.

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00064 Fmt 0637 Sfmt 0634 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — SENATE S495 RAY NAYLER, OF CALIFORNIA To be medical director PROGRAM MARY E. NEWMAN, OF FLORIDA Mr. ROCKEFELLER. Mr. President, KEVIN RICHARD NIX, OF VIRGINIA ERIC P. GOOSBY MAUREEN ELIZABETH O’MALLEY, OF VIRGINIA To be senior surgeon Senators should expect rollcall votes to CASSANDRA A. O’TOOLE, OF VIRGINIA GREG PARDO III, OF TEXAS RICHARD J. BROSTROM occur throughout the day in relation to CHARLES PARK, OF THE DISTRICT OF COLUMBIA amendments to the FAA authorization DAVID N. PASQUANTONIO, OF THE DISTRICT OF COLUM- To be surgeon BIA DAVID A. DUNCAN bill. Senators will be notified when DONALD ALLEN PEARSON, OF VIRGINIA GLEN D. MACPHERSON LEAH H. PILLSBURY, OF CALIFORNIA votes are scheduled. RENEE M. PAZDAN BENJAMIN C. PLATT, OF VIRGINIA f KEVIN C. PRICE, OF MARYLAND To be senior assistant surgeon JEFFREY R. RANDS, OF WASHINGTON ADJOURNMENT UNTIL 9:30 A.M. ADITYA MALIREDDY REDDY, OF VIRGINIA AARTI AGARWAL REBECCA RESNIK, OF MARYLAND BRIAN J. BAKER TOMORROW CHRISTOPHER T. REYES, OF VIRGINIA SARAH D. BENNETT NATHAN PAUL RINGGER, OF UTAH MEGHAN E. BRETT Mr. ROCKEFELLER. Mr. President, DAVID ANTHONY RODRIGUEZ, OF FLORIDA CRISTINA V. CARDEMIL if there is no further business to come TIMOTHY A. RUSSELL, OF VIRGINIA GRACE L. CHEN RICHARD M. SAUNDERS, OF FLORIDA AMIT S. CHITNIS before the Senate, I ask unanimous GARY SCHUMANN, OF FLORIDA SALLYANN M. COLEMAN-KING consent that it adjourn under the pre- BRADLEY SIERSDORFER, OF MARYLAND TARAYN A. FAIRLIE JEFFREY HANCOCK SILLIN, OF MASSACHUSETTS KATHERINE E. FLEMING vious order. ALEXANDRA F. STEWART, OF VIRGINIA SHIKHA GARG There being no objection, the Senate, JOHN THOMPSON, OF TEXAS MELISSA R. GERHART GREGORY VINSON TOLLE, OF GEORGIA ALYSON B. GOODMAN at 6:58 p.m., adjourned until Thursday, VICTORIA M. TYSZKA, OF MICHIGAN PRABHU P. GOUNDER February 3, 2011, at 9:30 a.m. DAVID MARK URBIA, OF MINNESOTA NEIL GUPTA SETH VAN DE VEN, OF VIRGINIA BRENDAN R.G. JACKSON f MIMI WANG, OF PENNSYLVANIA LINDSAY KIM KEITH E. WEST, OF RHODE ISLAND CANDICE K. KWAN NOMINATIONS SARAH WILKENING, OF VIRGINIA PATRICK D. LYNCH LISA M. WOLFE, OF VIRGINIA ADAMMA C.N. MBA-JONES Executive nominations received by ALICE ELIZABETH WOLFRAM, OF CALIFORNIA FRANCISCO A. MEZA the Senate: DEREK WONG, OF MARYLAND TIMOTHY D. MINNIEAR SAMUEL S. YEE, OF CALIFORNIA ROBYN C. NEBLETT THE JUDICIARY HYUN YOON, OF NEW JERSEY EKWUTOSI M. OKOROH NADIA ZIYADEH, OF NORTH CAROLINA CHRISTOPHER S. PIROMALLI PAUL A. ENGELMAYER, OF NEW YORK, TO BE UNITED THE FOLLOWING-NAMED CAREER MEMBERS OF THE JANELL A. ROUTH STATES DISTRICT JUDGE FOR THE SOUTHERN DISTRICT SENIOR FOREIGN SERVICE OF THE DEPARTMENT OF CYRUS G. SHAHPAR OF NEW YORK, VICE GERARD E. LYNCH, ELEVATED. STATE FOR PROMOTION WITHIN AND INTO THE SENIOR MAHESH SWAMINATHAN ARVO MIKKANEN, OF OKLAHOMA, TO BE UNITED FOREIGN SERVICE TO THE CLASS INDICATED: AVA B. WALTON STATES DISTRICT JUDGE FOR THE NORTHERN DISTRICT CAREER MEMBER OF THE SENIOR FOREIGN SERVICE DANA M. WOODHALL OF OKLAHOMA, VICE TERRY C. KERN, RETIRED. OF THE UNITED STATES OF AMERICA, CLASS OF MIN- To be dental surgeon FOREIGN SERVICE ISTER-COUNSELOR, EFFECTIVE JANUARY 16, 2011: ALAN GREELEY MISENHEIMER, OF VIRGINIA MARY E. WILLIARD THE FOLLOWING-NAMED MEMBERS OF THE FOREIGN CAREER MEMBER OF THE SENIOR FOREIGN SERVICE To be nurse officer SERVICE TO BE CONSULAR OFFICERS AND SECRETARIES OF THE UNITED STATES OF AMERICA, CLASS OF COUN- IN THE DIPLOMATIC SERVICE OF THE UNITED STATES OF SELOR, EFFECTIVE JANUARY 16, 2011: PENELOPE L. ADAMS AMERICA: MICHAEL J. ADLER, OF MARYLAND ERIC O. CARTAGENA CHARLES KEVIN BLACKSTONE, OF VIRGINIA BARBARA S. DEL SESTO DEPARTMENT OF STATE ROBERT JOSEPH FAUCHER, OF TEXAS MINDY A. GOLATT IRENE ARINO DE LA RUBIA, OF FLORIDA NATIONAL OCEANIC AND ATMOSPHERIC CHARLES M. LOVELL MEGAN S. MATTINGLY DAVID N. ARIZMENDI, OF FLORIDA ADMINISTRATION STEVEN R. ARNDT, OF VIRGINIA HEATHER M. VICE DEANNA K. BEARDEN, OF TEXAS SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE To be senior assistant nurse officer ADAM RYDER BENZ, OF IOWA FOLLOWING FOR PERMANENT APPOINTMENT TO THE DAVID J. BERGER, OF PENNSYLVANIA GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- WILLIAM C. BRENNEMAN ADRIENNE C. BORY, OF THE DISTRICT OF COLUMBIA MOSPHERIC ADMINISTRATION: TRACY M. CHRIST ERIN BOYER, OF NORTH CAROLINA ANGELA L. DAVIS RACHEL CLARA BRANDENBURG, OF THE DISTRICT OF To be lieutenant LINDSAY N. HOUSTON-MCCARTER KERRI-ANN E. JENNINGS COLUMBIA JOSHUA J. SLATER AMY R. KOLWAITE CLAIRE E. BUTLER, OF VIRGINIA RYAN C. WATTAM WINONA L. MASQUAT JUAN MANUEL CAMMARANO, OF VIRGINIA MARK K. FRYDRYCH ANNE R. MCARDLE JUAN CARLOS CAMPOS, OF FLORIDA JUSTIN T. KEESEE DYANNE V. MEDINA AMELIA S. CANTER, OF TEXAS MATTHEW T. BURTON KATHERINE A. OCONNOR ELLIOT CARMEAN, OF PENNSYLVANIA CARL G. RHODES CARRIERTHA RIGSBY JOHN M. CARPENTER, OF VIRGINIA TIMOTHY M. SMITH THERESA L. RODZEVIK DEAN I. CHANG, OF PENNSYLVANIA JAMES T. FALKNER BEVERLY A. TIMOTHY JAMES E. DAY, OF VIRGINIA CHRISTOPHER S. SKAPIN SHARLENE TODICHEENEY BENJAMIN R. DILLON, OF THE DISTRICT OF COLUMBIA CHAD M. MECKLEY JULIANA UPSHAW DONALD CLAYTON EMERICK, OF NEW HAMPSHIRE CARYN M. ZACHARIAS MARY CHRISTINE ERMEL, OF TEXAS MEGAN A. NADEAU To be assistant nurse officer MAUREEN J. ETZEL, OF VIRGINIA MARC E. WEEKLEY ALEXANDRA EVANS, OF TEXAS PATRICK M. SWEENEY, III ROBERT A. BANTA MONICA SAGEBIEL EWING, OF TEXAS KRISTOPHER C. BYMAN SAMUEL R. FERGUSON, OF UTAH SUBJECT TO QUALIFICATIONS PROVIDED BY LAW, THE AMANDA M. HILL MATTHEW STEPHEN FERRY, OF MISSOURI FOLLOWING FOR PERMANENT APPOINTMENT TO THE SANDRA M. LAFROMBOISE KEVIN CHRISTOPHER FISHER, OF WASHINGTON GRADE INDICATED IN THE NATIONAL OCEANIC AND AT- MARCHITA R. MAGBIE RYAN C. FOGLE, OF VIRGINIA MOSPHERIC ADMINISTRATION: LELO T. NGOMA BENJAMIN FONG, OF TEXAS To be lieutenant (junior grade) JEREMY D. PEACOCK JEFFREY DOYLE FRITTS, OF VIRGINIA BERNADINE L. RUSSELL KEVIN T. FUREY, OF MONTANA AARON D. MAGGIED JODI M. SIDES PAMELA ANN GARNER, OF FLORIDA MARINA O. KOSENKO JOANNE SPAFFORD SEAN C. GILFILLAN, OF RHODE ISLAND JOHANNES A. GEBAUER LISA BENJAMIN GOODGAME, OF TEXAS DAVID B. COWAN To be junior assistant nurse officer NAIMA NILAJA MARIANA GREEN, OF OHIO JASMINE L. COUSINS TRACIE J. ASBILL SANG KYUN HAHN, OF VIRGINIA MATTHEW H. O’LEARY NATHAN P. CAULK SARAH EMILY CALDEJON HAMILTON, OF TEXAS MICHAEL J. MARINO CANDREA C. CHERRY CHARLES A. HENDRIX, OF MINNESOTA LYNDSEY E. KEEN RICHESHA C. CLARK EUI SOON HWANG, OF VIRGINIA KYLE R. JELLISON MICHAEL S. CRUSE BARRY EDWIN JEFFRIES, OF VIRGINIA LAURA L. GIBSON ADAM S. HORNBECK ELVIN JOHN, OF TEXAS VAN T. HELKER YOLONDA S. JENKINS CHRISTOPHER A. KEELEY, OF ALABAMA CARMEN M. ALEX KIRI E. NEVIN ANDREW EMMETT KELLY, OF MARYLAND MATTHEW R. FORREST COLINDA L. SOHNS DEVIN KENNINGTON, OF MARYLAND BRYAN M. BEGUN AMITY TUCKER JEFFREY KLICK, OF ILLINOIS ALBERT E. DAVISON ABBY C. ZIEGLER JOEL ERIK KNIGHT, OF NEW MEXICO SARA A. SLAUGHTER LYNN CHUANG KRAMER, OF TEXAS RENI L. RYDLEWICZ To be senior assistant engineer officer MATTHEW COURTNEY LAMM, OF WASHINGTON JOSEPH K. CARRIER, III ROBERT J. MITCHELL MICHEL D. JANDA DANIEL K. LEE, OF CALIFORNIA TAMARA S. ROSBURY SCOTT T. LEO, OF CONNECTICUT TANNER A. SIMS DAVID LINFIELD, OF FLORIDA BRIAN R. KENNEDY To be assistant engineer officer PETER ALBERT LOSSAU, OF NORTH CAROLINA TAMERA J. REUL BENJAMIN LOWENBERG, OF WISCONSIN KELLY M. SCHILL ABBAS Q. BANDUKWALA DANIEL P. MADAR, OF NEVADA ANTHONY J. IMBERI JULIA C. MAJKRZAK BRIAN AARON MATTYS, OF NEW YORK DAVID O. VEJAR JASON A. SCHNEIDER KERRY MCINTOSH, OF VERMONT MICHAEL S. SILAGI JITENDRA V. VIRANI TRISTAN T. WOSTER DAVID D. MCKAY, OF UTAH PUBLIC HEALTH SERVICE KURT A. MEDLAND, OF VIRGINIA To be scientist KRISTIN ASHLEY MENCER, OF TENNESSEE THE FOLLOWING CANDIDATES FOR PERSONNEL AC- CHAD GREGORY MINER, OF THE DISTRICT OF COLUM- TION IN THE REGULAR CORPS OF THE COMMISSIONED MICHELE P. GODWIN BIA CORPS OF THE U.S. PUBLIC HEALTH SERVICE SUBJECT To be senior assistant scientist JESSICA C. MURRAY, OF FLORIDA TO QUALIFICATIONS THEREFORE AS PROVIDED BY LAW DANE RAY MUSIL, OF KANSAS AND REGULATIONS: KAMIL E. BARBOUR

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00065 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S496 CONGRESSIONAL RECORD — SENATE February 2, 2011 ADAM C. BJORK To be senior assistant therapist To be brigadier general EDUARDO O. CUA ZEWDITU DEMISSIE CARLA CHASE-STANDIFER COL. ARLEN R. ROYALTY TAMARA J. HENDERSON LESLIE J. HARRIS NAOMI L. HUDSON MICHAEL R. KLUK IN THE MARINE CORPS ASHA Z. IVEY ALLISON H. LONGENBERGER THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DAWN D. MCDANIEL To be assistant therapist IN THE UNITED STATES MARINE CORPS TO THE GRADE TODD E. MYERS INDICATED UNDER TITLE 10, U.S.C., SECTION 624: ERIKA C. ODOM CLARA V. STEVENS SARA Y. TARTOF To be major general To be junior assistant therapist To be assistant scientist BRIGADIER GENERAL JUAN G. AYALA NGOCANH C. BUI BRIGADIER GENERAL DAVID H. BERGER TIMOTHY J. CUNNINGHAM To be health services officer BRIGADIER GENERAL WILLIAM D. BEYDLER JOANNA L. GAINES BRIGADIER GENERAL MARK A. BRILAKIS NATASHA D. HOLLIS SEAN K. BENNETT BRIGADIER GENERAL MARK A. CLARK JEAN Y. KO KELLI L. BONYEAU BRIGADIER GENERAL CHARLES L. HUDSON TYLER M. SHARP AMY B. CASON BRIGADIER GENERAL THOMAS M. MURRAY To be senior assistant environmental health KARI B. HARRIS BRIGADIER GENERAL LAWRENCE D. NICHOLSON JANE E. OLIEN BRIGADIER GENERAL ANDREW W. O’DONNELL, JR. officer TINA L. SCOTT BRIGADIER GENERAL ROBERT R. RUARK BRYAN E. CHRISTENSEN To be senior assistant health services officer BRIGADIER GENERAL GLENN M. WALTERS COLLEEN L. GEIB KENDALL N. BOLTON THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be assistant environmental health officer TRICIA H. BOOKER IN THE UNITED STATES MARINE CORPS TO THE GRADE RYAN A. CLAIRMONT INDICATED UNDER TITLE 10, U.S.C., SECTION 624: THIDA G. BUTTKE DONNA J. CLEVENGER To be brigadier general LANDON T. WIGGINS ELIZABETH M. DAVIS To be junior assistant environmental health SABRINA DEBOSE COLONEL CHARLES G. CHIAROTTI SYLVERA DEMAS COLONEL DAVID W. COFFMAN officer VALERIE T. GARDNER COLONEL THOMAS A. GORRY SARAH A. GARRETT RACIO T. CARTER COLONEL PAUL J. KENNEDY MICHELLE L. GIELSKI MATTHEW G. DULING COLONEL JOAQUIN F. MALAVET JESSICA GRAHAM COLONEL NIEL E. NELSON To be veterinary officer MALAYSIA H. GRESHAM COLONEL LORETTA E. REYNOLDS INDIRA M. HARRIS COLONEL RUSSELL A. SANBORN AMY E. PETERSON LAMAR B. HENDERSON COLONEL GEORGE W. SMITH, JR. To be senior assistant veterinary officer SHARANYA M. KRISHNAN COLONEL CRAIG Q. TIMBERLAKE PAUL A. LICATA COLONEL MARK R. WISE JEFFREY T. MCCOLLUM TROY B. MATTHEWS COLONEL DANIEL D. YOO JENNA M. WEBECK BENOIT MIRINDI JEMEKIA E. MORRIS-THORNTON IN THE NAVY To be pharmacist ALFRED MURPHY, JR. JOSEPH R. RALPH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH M. ALLEN LUZ E.M. RIVERA IN THE UNITED STATES NAVY TO THE GRADE INDICATED NGA T. DOAN BRIAN D. ROBB WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MALIK M. IMAM CLIFTON Y. SMITH RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MARK M. ISERI RYAN M. THRASHER To be vice admiral LORELEI J. PIANTEDOSI COLE D. WEEKS MELINDA M. WILSON REAR ADM. JAMES P. WISECUP STEVEN W.K. YANG To be assistant health services officer To be senior assistant pharmacist VASHTI E. BOCKER IN THE AIR FORCE CHRISTIAN L. BULLOCK THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOSE A. APARICIO GREGORY J. DAWSON PHONG D. DO TO THE GRADE INDICATED IN THE RESERVE OF THE AIR ANITA EDWARDS FORCE UNDER TITLE 10, U.S.C., SECTION 12203: JAMES S. DVORSKY ERIN K. GRASSO REBECCA E. GEIGER TALA Q. HOOBAN To be colonel PETER N. GOLDEN JAMES JONES IV AARON J. JOHNSON DAVID H. LEWIS ERWIN RADER BENDER, JR. ELIZABETH MOHAM SENECA M. SMITH MICHAEL G. ELLIOTT KHANG D. NGO MARGARET V. WHITTAKER CATHERINE A. HALLETT CARL OLONGO MONICA M. REED To be junior assistant health services officer THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- ASHLEE N. RIBEC MENT TO THE GRADES INDICATED IN THE REGULAR AIR JOHNNA L. BLEEM FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): HOBART L. ROGERS, JR. NATHAN A. BOGGS To be assistant pharmacist TIMOTHY P. BRENNAN To be lieutenant colonel REBECCA BRESSMAN KRISTIN M. ABAONZA ASHLEY S. FROST DAVID M. CRAWFORD LINZI R. ALLEN HELEN HERNANDEZ To be major CHRISTINA A. ANDRADE ANDREW D. KLEVOS GOLDEN B. BERRETT BRANDY M. ROSE FORREST JELLISON BENJAMIN R. BISHOP LIZA D. SOZA KRISTEN C. STILLE STEVEN T. BIRD JEFFREY L. SUMTER KATHRYN F. SULLIVAN MICHAEL B. BRADY IN THE COAST GUARD UYEN P. VIETJE LYLE J. CANIDA JAMES H. WALSH CARL B. COATS THE BELOW NAMED OFFICER FOR APPOINTMENT AS MEGAN J. CONNELLY DEPUTY COMMANDANT FOR OPERATIONS OF THE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CHRISTINE G. CORSER UNITED STATES COAST GUARD, A POSITION OF IMPOR- TO THE GRADE INDICATED IN THE RESERVE OF THE AIR SAMUEL T. CROPP TANCE AND RESPONSIBILITY IN THE U.S. COAST GUARD, FORCE UNDER TITLE 10, U.S.C., SECTION 12203: HONEYLIT K. CUECO TO THE GRADE INDICATED UNDER TITLE 14, U.S.C., SEC- To be colonel PIERRE-ALEX DUVIVIER TION 50: MARC E. GENTILE To be vice admiral RICHARD T. ALDRIDGE DANEIL N. HAMIL CONNIE L. ALLEN DONNIE L. HODGE REAR ADM. BRIAN M. SALERNO CHRISTOPHER T. AMEND EVELYN N. HONG DALE C. ANDREWS AMY N. HOUTCHENS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL A. ASSID JOSHUA S. HUNT AS DEPUTY COMMANDANT FOR MISSION SUPPORT OF ALONNA D. BARNHART ELLIOT KLAPPERICH THE UNITED STATES COAST GUARD, A POSITION OF IM- EDWARD T. BARRETT JEAN M. LESTER PORTANCE AND RESPONSIBILITY IN THE U.S. COAST MICHAEL S. BENDING MOLLY M. MACDONNELL GUARD, AND TO THE GRADE INDICATED UNDER TITLE 14, SUZANNE BERGMEISTER CASSANDRA I. METU U.S.C., SECTION 50: DAVID KEITH BERKOWITZ LAWRENCE A. MOMODU To be vice admiral WILLIAM MARCY BERKSTRESSER MONICA A. MUNOZ DANIEL S. BLUE THERESA H. NGUYEN VICE ADM. JOHN P. CURRIER MICHAEL LEON BONNER LINDA M. PARK BRIAN K. BORGEN SALVATORE R. PEPE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOHN M. BREAZEALE HANNAH PHAM IN THE UNITED STATES COAST GUARD, TO THE GRADE ROBERT E. BRINLEY, JR. ERIN M. RESSLER INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- CARL DANE BRUNNER TARA L. SMITH TANCE AND RESPONSIBILITY UNDER TITLE 14, U.S.C., DARREN JOHN BUCK HELEN S. STEVENS SECTION 50: BETTY J. BULLINGTON RYAN W. STEVENS To be vice admiral MATTHEW J. BURGER HILLARY L. VOLSTEADT RAINER ERWIN BURGER JESSICA VOQUI VICE ADM. ROBERT C. PARKER AUDREY CATHRINE BURKEL HONG VU MICHAEL P. BURNS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RACHELLE WATTS TIMOTHY E. BUSCH IN THE UNITED STATES COAST GUARD, TO THE GRADE DAVID W. WEBB IV JERRY C. BYARS, JR. INDICATED WHILE ASSIGNED TO A POSITION OF IMPOR- DAVID A. CARLISLE To be dietitian TANCE AND RESPONSIBILITY UNDER TITLE 14, U.S.C., COLIN N. CARR SECTION 50: GWENIVERE G. ROSE MICHAEL E. CLARK To be vice admiral CHARLES M. COMBS To be senior assistant dietitian BRYAN E. COOK VICE ADM. MANSON K. BROWN THOMAS L.S. COOK FRANK J. KOCH IN THE ARMY STEPHANIE A. COURTOIS ROGELIO RUVALCABA HECTOR L. CRUZ To be junior assistant dietitian THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MICHAEL CZAJKA IN THE RESERVE OF THE ARMY TO THE GRADE INDI- WILLIAM R. CZYZEWSKI DOREEN P. CANETTI CATED UNDER TITLE 10, U.S.C., SECTION 12203: BRIAN S. DAVIS

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BRIDGET FRANCES DAVIS JEFFERY N. THURSTIN LEROY J. HESSNER MARK E. DAVIS MATTHEW W. TOWERS DARREN R. JESTER PETER F. DEFREECE CRAIG A. TRAMMELL THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR RICKY C. DENMAN RAYMOND TSUI APPOINTMENT TO THE GRADE INDICATED IN THE GARY L. DRAKE JEFFREY A. VANDOOTINGH UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DOUGLAS A. DRAKELEY CHARLES E. VANDRUFF SECTION 624: KURT E. DRISKILL ARTHUR L. VANHOUTEN III DOUGLAS P. DUNBAR SHEILA LLYN K. VANNEDERVEEN To be major JOHN M. EMMERT CHARLES A. VANSLOTEN BRAD C. FELLING TROY D. VOKES JAMES E. HARDY, JR. LAWRENCE M. FELTMAN PATRICK M. WADE DARRYN H. LINDSEY BRUCE E. FINLEY LARRY J. WALKER, JR. JOSHUA B. ROBERTS JAMES J. FONTANELLA DAWN M. WALLACE JAMES C. ROSE DONALD B. FORRER KEITH T. WESLEY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR DALE M. FOX MARK W. WILBANKS APPOINTMENT TO THE GRADE INDICATED IN THE BRENT E. FRENCH JEROME WILLIAMS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KURT J. GALLEGOS JOEL F. WINTON SECTION 624: DAVID P. GARFIELD MICHAEL B. WOOD RICHARD D. GAY RICHARD S. WRIGHT To be major MICHAEL J. GEYSER LISA A. YACOUB CONRAD G. ALSTON JAY SCOTT GOLDSTEIN CHRISTOPHER F. YANCY KENNETH W. BURTON, JR. DANIEL J. GORMLEY VICKY J. ZIMMERMAN MARK A. RATLEDGE BART A. GRAY JAMES L. GREGORY II IN THE ARMY TRACY L. SAMPSON KERRI O. GRIMES LEWIS E. SHEMERY III THE FOLLOWING NAMED OFFICER FOR REGULAR AP- CHRISTOPHER J. GUNDERSON THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR POINTMENT TO THE GRADE INDICATED IN THE UNITED MARK S. GUNZELMAN APPOINTMENT TO THE GRADE INDICATED IN THE STATES ARMY JUDGE ADVOCATE GENERAL’S CORPS KENNETH D. HAMILL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., UNDER TITLE 10, U.S.C., SECTIONS 531 AND 3064: TERESA A. HAMLIN SECTION 624: JOHN PATRICK HEALY To be lieutenant colonel RANDY A. HELBACH To be major JOSEPH B. HEROLD SEBASTIAN A. EDWARDS VICTOR GUZMAN HERRERA DAVID M. ADAMS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JEFFREY S. HINRICHS JUNIOR L. LOGAN TO THE GRADE INDICATED IN THE UNITED STATES ARMY SCHEID P. HODGES CLIFF D. MRKVICKA UNDER TITLE 10, U.S.C., SECTION 4336(A): LARRY W. HUBLER, JR. DONALD E. REID, JR. JULIE B. HUDSON To be colonel MICHAEL C. ROGERS JENNIFER L. HUGHES THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR WILLIAM S. HUGHES GREGORY R. EBNER APPOINTMENT TO THE GRADE INDICATED IN THE CHARLES A. HURRY THE FOLLOWING NAMED ARMY NATIONAL GUARD OF UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DAVID W. HUTCHINSON THE UNITED STATES OFFICERS FOR APPOINTMENT TO SECTION 624: MARSHALL S. IRVIN, JR. THE GRADE INDICATED IN THE RESERVE OF THE ARMY BRUCE K. JOHNSON UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: To be major SHARON M. JOHNSON CRAIG R. JONES To be colonel STEFAN R. BROWNING JOSEPH C. JONES BRYAN J. CALDWELL CURTIS O. BOHLMAN, JR. KIMBERLY L. KENDALL JOHN C. GELTMACHER SAUL A. FERRER JACK T. KNIGHT, JR. CASEY L. MCKINNEY WILLIAM D. GRIFFIN JEFFREY R. KOLB RUSSELL G. PHILBRICK, JR. JANICE E. KING DAVID KOLTERMANN STEVE R. TRASK LAWRENCE R. POWELL WILLIAM R. KOUNTZ, JR. MARTIN E. POWELL THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR GRETCHEN M. KURLANDER ROBERT A. PREISS APPOINTMENT TO THE GRADE INDICATED IN THE JAMES R. LACKEY THOMAS R. RASMUSSEN UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., BRET C. LARSON JUAN A. RIVERA SECTION 624: JOHN M. LARSON ROBERT C. SMOTHERS TODD R. LAUGHMAN To be major WILLIAM A. LEAKE IN THE MARINE CORPS GREGORY D. LEE JOEL T. CARPENTER JOHNNY E. LINDSEY THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JAMES B. CHILDRESS RALPH W. LUNT APPOINTMENT TO THE GRADE INDICATED IN THE RAYMOND W. HOWARD WILLIAM A. LYONS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEPH C. LINDSEY III JAMES D. MACAULAY SECTION 624: LUIS A. MARIN MARTY A. MESSER MARK T. MAIN To be major WILLIAM C. MARRS RANDAL J. PARKAN SCOTT G. MCCAULEY DANIEL A. SIERRA THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR EDWARD FITZGERALD MEYER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE PAUL A. MEYER APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., KATHLEEN R. MIKKELSON UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: RONALD L. MILLIGAN SECTION 624: STEPHEN J. MITCHELL To be lieutenant colonel JEFFORY P. MOORE To be major BRIDGET A. MOORMAN ROGER N. RUDD TIMOTHY E. LEMASTER MARK E. MOYER THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ROBERT JOHN MOYNIHAN THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE DAVID RUSSELL NELSON APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., CHRISTOPHER F. NICK UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: MICHAEL R. OLSON SECTION 624: DOUGLAS A. OTTINGER To be lieutenant colonel BOYD C. L. PARKER IV To be major LOWELL W. SCHWEICKART, JR. LOUIS A. PATRIQUIN II ANGELLA M. LAWRENCE KIRK S. PEDDICORD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JAMIE C. PEOPLES TO THE GRADE INDICATED IN THE UNITED STATES MA- APPOINTMENT TO THE GRADE INDICATED IN THE MICHAEL W. PIETRUCHA RINE CORPS UNDER TITLE 10, U.S.C., SECTION 624: JACQUELINE P. PINKHAM UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSEPH M. POTTS SECTION 624: To be lieutenant colonel RANDALL C. PUHRMANN To be major KATRINA GASKILL BRYAN J. REINHART SCOTT H. REMINGTON DAX HAMMERS THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR ROBERT C. RHODEN DAVID STEVENS APPOINTMENT TO THE GRADE INDICATED IN THE RICHARD B. RISNER THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., DANNY J. ROBB APPOINTMENT TO THE GRADE INDICATED IN THE SECTION 624: STEFANIE M. ROBERTS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be lieutenant colonel KIMBERLY ANNE ROBINSON SECTION 624: DAVID RODRIGUEZ MICHAEL R. CIRILLO HAROLD EUGENE ROGERS, JR. To be major WILLIAM JOHN ROLOCUT THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR BARRY D. RUSSELL RICHARD MARTINEZ APPOINTMENT TO THE GRADE INDICATED IN THE MICHELLE R. RYAN JAMES P. STOCKWELL UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., PATRICK H. RYAN THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR SECTION 624: CHRISTOPHER J. SABO APPOINTMENT TO THE GRADE INDICATED IN THE JONATHAN J. SANDERS UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., To be lieutenant colonel KENNETH G. SAUNDERS SECTION 624: SEAN J. COLLINS BARON L. SAVAGE JOHN L. MYRKA KENNETH W. SHARPE To be major TRACEY A. SIEMS WILLIAM FRAZIER, JR. THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR JOHN R. SIMEONI JASON G. LACIS APPOINTMENT TO THE GRADE INDICATED IN THE ALAN N. SIMS KEITH J. LUZBETAK UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ROBYN L. SLADE MICHAEL A. NOLAN SECTION 624: JOHN P. SOTHAM DEAN C. SPAHR THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR To be lieutenant colonel ROY MORGAN STANLEY APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., PETER G. BAILIFF CAROLYN D. STEPHENS TIMOTHY D. SECHREST BRUCE W. STEPHENSON SECTION 624: DAWN M. SUITOR To be major THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR TIMOTHY M. SUTTLES APPOINTMENT TO THE GRADE INDICATED IN THE DARRYL S. TAYLOR DOUGLAS R. CUNNINGHAM UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., ALAN C. THERIAULT JOSEPH M. FLYNN SECTION 624:

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00067 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE S498 CONGRESSIONAL RECORD — SENATE February 2, 2011 To be lieutenant colonel To be commander JEFFREY GARCIA CHARLES C. GASTON WILLIAM H. BARLOW FERNANDO HARRIS KEVIN C. GORECKE GUY E. COOLEY JONATHAN M. GUIDRY DANNY R. MORALES THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL W. KESSLER IN THE GRADE INDICATED IN THE UNITED STATES NAVY CHRISTOPHER T. KONA THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR UNDER TITLE 10, U.S.C., SECTION 531: MICHAEL J. KOS APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant commander WAYNE C. LEFEBVRE UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., JOSHUA L. LUSK SECTION 624: CHRIS W. CZAPLAK JESSE M. MAYNOR ANGELA J. TANG CHARLES G. MCDERMOTT To be lieutenant colonel LOUIS P. MCFADDEN III THE FOLLOWING NAMED OFFICER FOR TEMPORARY JON A. MILLER JEFFREY S. FORBES APPOINTMENT TO THE GRADE INDICATED IN THE U.S. KEVIN M. MOELLER NAVY UNDER TITLE 10, U.S.C., SECTION 5721: THE FOLLOWING NAMED LIMITED DUTY OFFICER FOR JOSEPH T. MORRISON APPOINTMENT TO THE GRADE INDICATED IN THE To be lieutenant commander PATRICIA A. PALMER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S.C., TIMOTHY M. PRATT SECTION 624: SCOTT D. SCHERER MICHAEL T. RICE NICHOLAS E. SAFLUND THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- To be major ERIC C. SKALSKI MENT TO THE GRADES INDICATED IN THE REGULAR GREGORY L. TAYLOR JAMES H. GLASS NAVY UNDER TITLE 10, U.S.C., SECTION 531: PATRICK A. WEED To be commander JOHN C. WIEDMANN III IN THE NAVY CARLOS E. MOREYRA THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES NAVY To be lieutenant commander UNDER TITLE 10, U.S.C., SECTION 624: UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM N. BRASSWELL To be captain To be captain THE FOLLOWING NAMED OFFICERS FOR TEMPORARY STEPHEN K. REVELAS RICHELLE L. KAY APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTION IN THE MARINE CORPS THE FOLLOWING NAMED OFFICER FOR APPOINTMENT 5721: TO THE GRADE INDICATED IN THE UNITED STATES NAVY THE FOLLOWING NAMED LIMITED DUTY OFFICERS FOR UNDER TITLE 10, U.S.C., SECTION 624: To be lieutenant commander APPOINTMENT TO THE GRADE INDICATED IN THE DAVID Q. BAUGHIER UNITED STATES MARINE CORPS UNDER TITLE 10, U.S. C., To be captain CHRISTOPHER E. BLAIS SECTION 624: STEVEN M. WECHSLER MICHAEL G. CHARNOTA To be major GREGORY J. CROSBY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CHRISTOPHER B. DORSEY TIMOTHY M. CALLAHAN TO THE GRADE INDICATED IN THE UNITED STATES NAVY TELLIS A. FEARS STEVEN R. LUCAS UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM J. FIACK JAMES N. SHELSTAD

VerDate Mar 15 2010 00:38 Oct 01, 2011 Jkt 099060 PO 00000 Frm 00068 Fmt 0637 Sfmt 9801 E:\RECORD11\RECFILES\S02FE1.REC S02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE Wednesday, February 2, 2011 Daily Digest Senate fic control system, reauthorize the Federal Aviation Chamber Action Administration, taking action on the following Routine Proceedings, pages S431–S498 amendments proposed thereto: Pages S434–77 Measures Introduced: Seven bills and five resolu- Adopted: tions were introduced, as follows: S. 255–261, and Stabenow Amendment No. 9, to repeal the expan- S. Res. 36–40. Pages S481–82 sion of information reporting requirements for pay- ment of $600 or more to corporations. Pages S434, Measures Passed: S474 National Women and Girls in Sports Day: Withdrawn: Committee on the Judiciary was discharged from By 44 yeas to 54 nays (Vote No. 7), Levin further consideration of S. Res. 30, celebrating Feb- Amendment No. 28, to repeal the expansion of in- ruary 2, 2011, as the 25th anniversary of ‘‘National formation reporting requirements under the Patient Women and Girls in Sports Day’’, and the resolution Protection and Affordable Care Act. (A unanimous- was then agreed to. Page S492 consent agreement was reached providing that the National Stalking Awareness Month: Senate amendment, having failed to achieve 60 affirmative agreed to S. Res. 36, raising awareness and encour- votes, be withdrawn). Pages S471–74 aging prevention of stalking by designating January Pending: 2011 as ‘‘National Stalking Awareness Month’’. Whitehouse Amendment No. 8, to amend title Pages S492–93 18, United States Code, to provide penalties for aim- Catholic Schools Week: Senate agreed to S. Res. ing laser pointers at airplanes. Pages S475–77 37, recognizing the goals of Catholic Schools Week During consideration of this measure today, Senate and honoring the valuable contributions of Catholic took the following action: schools in the United States. Page S493 By 81 yeas to 17 nays (Vote No. 8), three-fifths of those Senators duly chosen and sworn, having 100th Anniversary of Brooklyn Center, Min- voted in the affirmative, Senate agreed to the motion nesota: Senate agreed to S. Res. 38, congratulating to waive section 904 of the Congressional Budget Brooklyn Center, Minnesota on its 100th anniver- Act of 1974, the waiver provisions of applicable sary. Page S493 budget resolutions, and section 4(g)(3) of the Statu- Congratulating the Auburn University Football tory Pay-As-You-Go Act of 2010, and all applicable Team: Senate agreed to S. Res. 39, congratulating sections of those Acts and applicable budget resolu- the Auburn University football team for winning the tions, with respect to Stabenow Amendment No. 9, 2010 Bowl Championship Series National Cham- (listed above). The point of order that the amend- pionship. Page S493 ment was in violation of section 311 of S. Con. Res. Congratulating the University of Akron Men’s 70, the concurrent resolution on the budget for fiscal Soccer Team: Senate agreed to S. Res. 40, congratu- year 2009, was not sustained. Page S474 lating the University of Akron men’s soccer team on By 47 yeas to 51 nays (Vote No. 9), three-fifths winning the National Collegiate Athletic Association of those Senators duly chosen and sworn not having Division I Men’s Soccer Championship. Page S494 voted in the affirmative, Senate rejected the motion to waive section 904 of the Congressional Budget Measures Considered: Act of 1974 and section 4(g)(3) of the Statutory Pay- FAA Air Transportation Modernization and As-You-Go Act of 2010, and all applicable sections Safety Improvement Act—Agreement: Senate con- of those Acts and applicable budget resolutions, with tinued consideration of S. 223, to modernize the air respect to McConnell Amendment No. 13, to repeal traffic control system, improve the safety, reliability, the job-killing health care law and health care-re- and availability of transportation by air in the lated provisions in the Health Care and Education United States, provide modernization of the air traf- Reconciliation Act of 2010. Subsequently, a point of D66

VerDate Mar 15 2010 01:51 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D02FE1.REC D02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D67 order that the amendment was in violation of section The Honorable Frank R. Lautenberg of New Jer- 311 of S. Con. Res. 70, the concurrent resolution on sey (reappointment) the budget for fiscal year 2009 was sustained, and The Honorable Bernard Sanders of Vermont (re- the amendment thus fell. Pages S474–75 appointment), and A unanimous-consent agreement was reached pro- The Honorable Richard J. Durbin of Illinois (ap- viding for further consideration of the bill at ap- pointment). Page S494 proximately 9:30 a.m., on Thursday, February 3, Commission on Security and Cooperation in Eu- 2011. Page S494 rope: The Chair, on behalf of the Vice President, Appointments: pursuant to Public Law 94–304, as amended by Senate National Security Working Group: The Public Law 99–7, appointed the following Senators Chair, announced on behalf of the Majority Leader, as members of the Commission on Security and Co- pursuant to provisions of S. Res. 105 (adopted April operation in Europe during the 112th Congress: 13, 1989), as amended by S. Res. 149 (adopted Oc- The Honorable Benjamin L. Cardin of Maryland tober 15, 1993), as amended by Public Law (Co-Chairman) 105–275 ( adopted October 21, 1998), further The Honorable Sheldon Whitehouse of Rhode Is- amended by S. Res. 75 (adopted March 25, 1999), land amended by S. Res. 383 (adopted October 27, The Honorable Tom Udall of New Mexico 2000), and amended by S. Res. 355 (adopted No- The Honorable Jeanne Shaheen of New Hamp- vember 13, 2002), and further amended by S. Res. shire, and 480 (adopted November 21, 2004), further amended The Honorable Richard Blumenthal of Con- by S. Res. 625 (adopted December 6, 2006) and fur- necticut. Page S494 ther amended by S. Res. 715 (adopted November 28, 2008), and amended by S. Res. 706 (adopted U.S.-China Interparliamentary Group: The December 22, 2010), the appointment of the fol- Chair, on behalf of the President pro tempore, pur- lowing Senators as members of the Senate National suant to 22 U.S.C. 276n, appointed the following Security Working Group for the 112th Congress: Senator as Chairman of the U.S-China Inter- The Senator from Hawaii (Mr. Inouye), who will parliamentary Group conference during the 112th serve in his capacity as President pro tempore of the Congress: Senate The Honorable Patty Murray of Washington. The Senator from Michigan (Mr. Levin) as Demo- Page S494 cratic Co-Chairman U.S.-Japan Interparliamentary Group: The The Senator from Massachusetts (Mr. Kerry) as Chair, on behalf of the Vice President, pursuant to Democratic Co-Chairman Section 5 of Title I of Division H of Public Law The Senator from New Jersey (Mr. Lautenberg) as 110–161, appointed the following Senator as Chair- Democratic Co-Chairman man of the U.S.-Japan Interparliamentary Group The Senator from Illinois (Mr. Durbin) conference for the 112th Congress: The Senator from Florida (Mr. Nelson) The Honorable Daniel K. Inouye of Hawaii. The Senator from Maryland (Mr. Cardin) Page S494 The Senator from Pennsylvania (Mr. Casey), and Mexico-U.S. Interparliamentary Group: The The Senator from Massachusetts (Mr. Kerry) as Chair, on behalf of the Vice President, pursuant to Majority Administrative Co-Chairman. Page S494 22 U.S.C. 276h–276k, as amended, appointed the The Board of Trustees of Gallaudet University: following Senator as Chairman to the Mexico-U.S. The Chair, on behalf of the Vice President, pursuant Interparliamentary Group conference for the 112th to Public Law 83–420, as amended by Public Law Congress: 99–371, appointed the Senator from Ohio (Mr. The Honorable Tom Udall of New Mexico. Brown) to the Board of Trustees of Gallaudet Uni- Page S494 versity. Page S494 U.S.-Russia Interparliamentary Group: The United States Holocaust Memorial Council: The Chair, on behalf of the Majority Leader, pursuant to Chair, on behalf of the President pro tempore, pur- Section 154 of Public Law 108–199, appointed the suant to Public Law 96–388, as amended by Public following Senator as Chairman of the Senate Delega- Law 97–84 and Public Law 106–292, appointed and tion to the U.S.-Russia Interparliamentary Group reappointed the following Senators to the United Conference during the 112th Congress: States Holocaust Memorial Council for the 112th The Honorable E. Benjamin Nelson of Nebraska. Congress: Page S494

VerDate Mar 15 2010 01:51 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D02FE1.REC D02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE D68 CONGRESSIONAL RECORD — DAILY DIGEST February 2, 2011 British-American Interparliamentary Group: marks of the Acting Majority Leader in today’s The Chair, on behalf of the President pro tempore, Record on page S495.) and upon the recommendation of the Majority Lead- er, pursuant to 22 U.S.C. 2761, as amended, ap- Committee Meetings pointed the Senator from Vermont (Mr. Leahy) as Chairman of the Senate Delegation to the British- (Committees not listed did not meet) American Interparliamentary Group conference dur- TAX REFORM ing the 112th Congress. Page S494 Message from the President: Senate received the Committee on the Budget: Committee concluded a hear- following message from the President of the United ing to examine tax reform, focusing on fiscal respon- States: sibility, after receiving testimony from C. Eugene Transmitting, pursuant to law, a report con- Steuerle, Urban Institute, and Donald B. Marron, cerning the ratification of the Treaty between the Urban-Brookings Tax Policy Center, both of Wash- United States of America and the Russian Federation ington, D.C.; Rosanne Altshuler, Rutgers University, on Measures for the Further Reduction and Limita- New York, New York; and Lawrence B. Lindsey, tion of Strategic Offensive Arms, signed in Prague Lindsey Group, Fairfax, Virginia. on April 8, 2010, (the ‘‘New START Treaty’’); OVERSIGHT: PUBLIC HEALTH AND which was referred to the Committee on Foreign Re- DRINKING WATER lations. (PM–4) Page S480 Committee on Environment and Public Works: Com- Nominations Received: Senate received the fol- mittee concluded an oversight hearing to examine lowing nominations: public health and drinking water issues, after receiv- Paul A. Engelmayer, of New York, to be United ing testimony from Lisa P. Jackson, Administrator, States District Judge for the Southern District of Environmental Protection Agency; Linda S. New York. Birnbaum, Director, National Institute of Environ- Arvo Mikkanen, of Oklahoma, to be United States mental Health Sciences, National Institutes of District Judge for the Northern District of Okla- Health, and Director, National Toxicology Program, homa. Department of Health and Human Services; Kenneth 1 Army nomination in the rank of general. A. Cook, Environmental Working Group, and Diane 4 Coast Guard nominations in the rank of admi- VanDe Hei, Association of Metropolitan Water ral. Agencies, both of Washington, D.C.; Charles Mur- 23 Marine Corps nominations in the rank of gen- ray, Fairfax Water, Fairfax, Virginia, on behalf of the eral. American Water Works Association; and Thomas A. 1 Navy nomination in the rank of admiral. Burke, Johns Hopkins Bloomberg School of Public Routine lists in the Air Force, Army, Foreign Health, Baltimore, Maryland. Service, Marine Corps, National Oceanic and Atmos- CONSTITUTIONALITY OF THE pheric Administration, Navy, and Public Health AFFORDABLE CARE ACT Service. Pages S495–98 Committee on the Judiciary: Committee concluded a Executive Communications: Pages S480–81 hearing to examine the constitutionality of the Af- Petitions and Memorials: Page S481 fordable Care Act, after receiving testimony from Additional Cosponsors: Pages S482–83 John Kroger, Oregon Attorney General, Salem; Randy E. Barnett, Georgetown University Law Cen- Statements on Introduced Bills/Resolutions: ter, and Michael A. Carvin, Jones Day, both of Pages S483–88 Washington, D.C.; Walter Dellinger, Duke Univer- Additional Statements: Pages S479–80 sity School of Law, Durham, North Carolina; and Amendments Submitted: Pages S488–91 Charles Fried, Harvard Law School, Cambridge, Mas- sachusetts. Authorities for Committees to Meet: Pages S491–92 NOMINATIONS Privileges of the Floor: Page S492 Committee on the Judiciary: Committee concluded a hearing to examine the nominations of Caitlin Joan Record Votes: Three record votes were taken today. Halligan, of New York, to be United States Circuit (Total—9) Pages S474–75 Judge for the District of Columbia Circuit, Kathleen Adjournment: Senate convened at 10 a.m. and ad- M. Williams, to be United States District Judge for journed at 6:58 p.m., until 9:30 a.m. on Thursday, the Southern District of Florida, who was introduced February 3, 2011. (For Senate’s program, see the re- by Senators Nelson (FL) and Rubio, and Mae A.

VerDate Mar 15 2010 01:51 Aug 19, 2011 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\RECORD11\RECFILES\D02FE1.REC D02FE1 bjneal on DSK2TWX8P1PROD with CONG-REC-ONLINE February 2, 2011 CONGRESSIONAL RECORD — DAILY DIGEST D69 D’Agostino, to be United States District Judge for eign Claims Settlement Commission of the United the Northern District of New York, and Timothy J. States, Department of Justice, after the nominees tes- Feighery, of New York, to be Chairman of the For- tified and answered questions in their own behalf. h House of Representatives tiveness of United States chemical safety laws, 10 a.m., Chamber Action SD–406. The House was not in session today. The House Committee on Finance: to hold hearings to examine the is scheduled to meet at 2 p.m. on Tuesday, February status of the Airport and Airway Trust Fund, 10 a.m., 8, 2011, pursuant to the provisions of S. Con. Res. SD–215. 1. Committee on Health, Education, Labor, and Pensions: to hold hearings to examine simplifying security, focusing on encouraging better retirement decisions, 2 p.m., Committee Meetings SD–430. No committee meetings were held. Committee on the Judiciary: business meeting to consider S. 23, to amend title 35, United States Code, to provide for patent reform, S. 193, to extend the sunset of certain Joint Meetings provisions of the USA PATRIOT Act, and the nomina- No joint committee meetings were held. tions of James E. Graves, Jr., of Mississippi, to be United f States Circuit Judge for the Fifth Circuit, Amy Totenberg, and Steve C. Jones, both to be United States NEW PUBLIC LAWS District Judge for the Northern District of Georgia, James Emanuel Boasberg, and Amy Berman Jackson, (For last listing of Public Laws, see DAILY DIGEST, p. D39) both to be United States District Judge for the District H.R. 366, to provide for an additional temporary of Columbia, Paul Kinloch Holmes III, to be United extension of programs under the Small Business Act States District Judge for the Western District of Arkan- and the Small Business Investment Act of 1958. sas, Anthony J. Battaglia, to be United States District Signed on January 31, 2011. (Public Law 112–1) Judge for the Southern District of California, Edward J. Davila, to be United States District Judge for the North- f ern District of California, Diana Saldana, to be United COMMITTEE MEETINGS FOR THURSDAY, States District Judge for the Southern District of Texas, FEBRUARY 3, 2011 Max Oliver Cogburn, Jr., to be United States District Judge for the Western District of North Carolina, Marco (Committee meetings are open unless otherwise indicated) A. Hernandez, to be United States District Judge for the District of Oregon, Susan L. Carney, of Connecticut, to be United States Circuit Judge for the Second Circuit, Senate Michael H. Simon, to be United States District Judge for Committee on Armed Services: to hold hearings to examine the District of Oregon, and Sue E. Myerscough, and United States policy toward Iraq, 10 a.m., SD–106. James E. Shadid, both to be United States District Judge Committee on the Budget: to hold hearings to examine for the Central District of Illinois, 10 a.m., SD–226. challenges for the United States economic recovery, 10 Committee on Small Business and Entrepreneurship: organi- a.m., SD–608. zational business meeting to consider committee’s rules of Full Committee, to hold hearings to examine modern- procedure and budget for the 112th Congress, 10:30 izing performance, focusing on using the new framework, a.m., SR–428A. 2 p.m., SD–608. Select Committee on Intelligence: to hold hearings to exam- Committee on Energy and Natural Resources: to hold hear- ine the nomination of Stephanie O’Sullivan, of Virginia, ings to examine the energy and oil market outlook for to be Principal Deputy Director of National Intelligence, the 112th Congress, 9:30 a.m., SH–216. 2:30 p.m., SD–562. Committee on Environment and Public Works: Sub- committee on Superfund, Toxics and Environmental House Health, to hold hearings to examine assessing the effec- No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Thursday, February 3 2 p.m., Tuesday, February 8

Senate Chamber House Chamber Program for Thursday: Senate will continue consider- Program for Tuesday: To be announced. ation of S. 223, FAA Air Transportation Modernization and Safety Improvement Act. Senators should expect roll call votes on or in relation to the bill throughout the day.

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