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

Vol. 155 WASHINGTON, WEDNESDAY, OCTOBER 28, 2009 No. 158 Senate The Senate met at 9:30 a.m. and was ator from the State of Colorado, to perform this body now. We also have the loss called to order by the Honorable MARK the duties of the Chair. carryback, which is extremely impor- UDALL, a Senator from the State of ROBERT C. BYRD, tant for businesses at this time, also Colorado. President pro tempore. widely agreed upon. It was originally Mr. UDALL of Colorado thereupon sponsored by Senator BUNNING, and PRAYER assumed the chair as Acting President now Senator BAUCUS and others have The Chaplain, Dr. Barry C. Black, of- pro tempore. agreed to this—not two or three Sen- fered the following prayer: f ators but significant numbers on both Let us pray. sides. We could get those done. We have RECOGNITION OF THE MAJORITY given the Republicans a request to do Father of all, we praise and glorify LEADER Your Holy Name. You are the fountain it in 2 hours, and Senators said they of life, the source of all goodness, and The ACTING PRESIDENT pro tem- don’t even need that much time to get the center of our joy. pore. The majority leader is recog- this done. Mr. MCCONNELL. Mr. President, Today, fill our lawmakers with Your nized. would the majority leader yield? blessings. Bless them with the courage f Mr. REID. I would be happy to yield. to follow You as they maintain con- SCHEDULE Mr. MCCONNELL. I would just say to fidence in the power of Your provi- my friend, we have a lot of fights Mr. REID. Mr. President, following dence. Bless their labors that they will around here over things we disagree on, leader remarks, there will be a period live to see a harvest of justice and but on this particular measure, this is of morning business for up to 2 hours, peace in our Nation and world. Bless an unnecessary impasse that we have. with Senators permitted to speak for their family members with health and We have come very close to a very up to 10 minutes each. The majority safety, for You are our refuge and modest number of amendments. My will control the first hour, the Repub- strength. Bless us all, that one day we side would be more than happy to ac- licans will control the second hour. may dwell in Your house forever. cept time agreements on all of the Following morning business, the Sen- We pray in Your great Name. Amen. amendments. I want to second what ate will proceed to the motion to pro- the majority leader says, that I hope f ceed to H.R. 3548. we can indeed work out an agreement I would direct a question to the PLEDGE OF ALLEGIANCE for a modest number of amendments Chair. What time does the 30 hours with time agreements and wrap up this The Honorable MARK UDALL led the postcloture run out? bill because I certainly share his view Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- that most Members support the under- I pledge allegiance to the Flag of the pore. The time expires at 12:26 a.m. lying measure and the additions to United States of America, and to the Repub- Thursday. which the majority leader has referred. lic for which it stands, one nation under God, Mr. REID. Mr. President, I hope we Mr. REID. Mr. President, first of all, indivisible, with liberty and justice for all. can work something out with the Re- the other amendments are vexatious. publicans. We are going to have that f They are argumentative. They are not vote as soon as we can. I am sorry that germane. They are not relevant to this APPOINTMENT OF ACTING we might have to do it in the morning. legislation. But it seems that this year, PRESIDENT PRO TEMPORE I think we should be able to avoid that. every time we get where we try to get The vote was held later than I wanted The PRESIDING OFFICER. The something done, we have had stalling. it because a Senator was quite ill. I We had a Senator out here yesterday clerk will please read a communication hope we can work something out. We to the Senate from the President pro who had done the work to find out how have bipartisan support, and that is many times we have been stopped from tempore (Mr. BYRD). just not words. doing things. Almost 60 times on abso- The assistant legislative clerk read We have significant numbers of Re- the following letter: lute filibusters we have had to invoke publicans and Democrats who want to cloture and 30-some-odd times on just U.S. SENATE, do two things—one, to do something objecting to legislation going forward. PRESIDENT PRO TEMPORE, about the first-time home buyers tax Washington, DC, October 28, 2009. The other amendments the Repub- To the Senate: credit. There has been general agree- lican leader has suggested are amend- Under the provisions of rule I, paragraph 3, ment by a significant number of Sen- ments that are not related to this leg- of the Standing Rules of the Senate, I hereby ators, Democrats and Republicans, to islation, and there is wide disagree- appoint the Honorable MARK UDALL, a Sen- get this done. The legislation is before ment from Republicans and Democrats.

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

S10793

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VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.000 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10794 CONGRESSIONAL RECORD — SENATE October 28, 2009 Why do we need to do that? We don’t cans don’t want government-run health have been taken for a ride in this de- need to. It is only an effort to slow care, Democratic leaders in Wash- bate, and it is also why a lot of our things down. We are not going to agree ington have made their decision: They friends on the other side are concerned to that. It is not necessary. are going to include it in their health about the bill that is headed to the Let’s get these things done. We will care bill whether Americans want it or Senate floor. Americans have issued move to something as quickly as we not. their verdict. They have been clear. get rid of this, and they can move the Supporters of the government-run They have said that enough is nongermane, nonrelevant amendments plan say they are only advocating one enough—no government plan, no more on those, but let’s get this done. I don’t more option among many. What they debt, no more government takeovers. know when we can do this legislation don’t say is that the option they are Democratic leaders may continue to for the first-time home buyers. It has advocating would soon be the only op- insist on a bill that most Americans been a tremendous boon to real estate tion. The others would simply fade oppose, but it is the wrong approach. A all over America today. Has it been a away. government-owned, government-oper- perfect program? Of course not. But It is not that hard to understand. ated insurance plan was a bad idea be- the good part of the amendments—two Private health plans would fade away fore, and it is a bad idea now. amendments we are talking about—is because a government-run plan would Mr. President, I yield the floor. they are fully paid for. It doesn’t run use the deep pockets of the Federal f up the national debt by 10 cents—by Government to set artificially low RESERVATION OF LEADER TIME nothing. Let’s get this done and then prices or absorb a loss, making it im- move on and start arguing about other possible for private plans to compete. The ACTING PRESIDENT pro tem- things. There is nothing to argue about Private plans would either become so pore. Under the previous order, the here. We are not going to go to those expensive that only the very wealthy leadership time is reserved. amendments. could afford them or they would go out f of business altogether. I had a caucus yesterday in which the MORNING BUSINESS Presiding Officer and a number of other If you want to know what happens Senators throughout the Chamber were after that, just ask somebody who lives The ACTING PRESIDENT pro tem- there. We have done this time after in a country that has already gone pore. Under the previous order, there time, and quite frankly we are tired of down the road of government-run will now be a period of morning busi- it. It is not necessary. There is no rea- health care for all. What we have seen ness for 2 hours, with Senators per- son to have these amendments that are in those countries is what we would see mitted to speak therein for up to 10 just rifleshots at trying to embarrass here: rationing, denials, and delay. In minutes each, with the time equally di- people, and these two amendments the United Kingdom, for example, a vided and controlled between the two don’t embarrass anyone. They are good government board sets guidelines on leaders or their designees, with the ma- for the country. I hope we can get them who gets to use certain drugs and jority controlling the first half and the done. treatments. This means that even if a Republicans controlling the second half. f treatment is effective, it can be with- held from patients because of the The Senator from Alaska is recog- RECOGNITION OF THE amount of money it costs the govern- nized. REPUBLICAN LEADER ment. This is what happens when gov- f ernment gets involved in the health The ACTING PRESIDENT pro tem- HEALTH CARE REFORM pore. The Republican leader is recog- care business. nized. A government plan won’t come cheap Mr. BEGICH. Mr. President, for the next hour, I will be joined on this floor f either. We don’t know all the details that Democratic leaders put into their by my freshman colleagues as we talk GETTING OUR WORK DONE bill behind closed doors, but we do with the American people about the Mr. MCCONNELL. Mr. President, my know it will cost over $1 trillion in the importance of health reform. We are good friend the majority leader used to middle of a terrible recession. It will committed to ending the status quo. say frequently when he was in the mi- cost $1 trillion at a time of near 10 per- We have had enough of constituents nority that the price of being in the cent unemployment; $1 trillion just a being denied coverage because of exist- majority in the Senate is you have to few weeks after the Treasury Depart- ing conditions. We are tired of sky- take votes in order to advance bills in ment said the administration ran up rocketing health insurance premiums a smooth process. the largest annual deficit in U.S. his- hurting small business. We have had it My understanding is that we were tory; $1 trillion at a moment when the up to here with the lack of choices and within one amendment of reaching an U.S. Government is financing 9 out of affordability in our States. So today agreement several days ago. I think we 10 new mortgages and already owns my colleagues and I will be talking are not that far away from an agree- most major U.S. automakers, along about why health reform will work and ment that would allow us to expedite with large parts of the finance and in- how it is working already. consideration of the bill, move it surance industries. It will cost $1 tril- There are many pilot programs, along, and be fair to the minority. I lion at a time when government spend- State initiatives, and private programs think everyone knows it is not uncom- ing accounts for a bigger share of the showing results right now. There are mon in the Senate—in fact, it is rou- national economy than at any time other very good ideas pending in the tine—for there to be amendments of- since the Second World War. It will health reform bills. Our general theme fered by both sides that are not di- cost $1 trillion when Congress is about this morning is innovation that works. rectly related to the bill. So there is to make a public admission that it First, we will hear from the Senator nothing extraordinary about this. can’t handle its own finances by rais- from New Mexico, TOM UDALL, who will Let me repeat, we would be more ing the debt ceiling. discuss how we must address the very than happy to enter into a short time Now is not the time for a $1 trillion real health care challenges facing rural agreement on the amendments we were experiment in government health care. Americans. Senator UDALL will share discussing with the majority and try to Now is the time to buckle down finan- with us rural health innovation that wrap up this bill at the earliest pos- cially and to find commonsense re- works. sible time, certainly earlier than we forms in the area of health care that I yield time to Senator UDALL. would wrap it up if we let all of this actually save people money by driving Mr. UDALL of New Mexico. Mr. time run until after midnight tonight. down costs. President, I seek recognition. f Americans asked for lower costs, and The ACTING PRESIDENT pro tem- they didn’t get it. What they got in- pore. The Senator from New Mexico is HEALTH CARE WEEK XV, DAY III stead was more government, more recognized. Mr. MCCONNELL. Mr. President, spending, more debt. This is why so Mr. UDALL of New Mexico. Mr. after months of hearing that Ameri- many Americans feel as though they President, let me thank the Senator

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.001 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10795 from Alaska for being down here and It was a win-win for everybody. Hi- edge and ingenuity for the benefit of helping all of the freshman Senators dalgo County got increased access to all Americans. work through these health care issues doctors and other specialists. The doc- I thank the Chair and yield the floor. we have been discussing. We have had tors got free housing during their rural Mr. BEGICH. Mr. President, I thank Senator WARNER play that role, I rotations. UNM increased its profile Senator UDALL for his comments about think, and several others. I think Sen- and reputation in Hidalgo County. The ECHO and HERO. It shows what is hap- ator SHAHEEN from New Hampshire has communities got the opportunity to pening at the grassroots level. We are also done that. It is important to real- persuade these young doctors to con- for innovation that works and brings ize that all of us in the freshman class tinue their medical careers in that quality of care, lowers the cost, and believe we need health care reform. We area. getting better delivery of the services have to have health care reform. That is just one example of HERO’s out there. I thank the Senator for Last week, during our gathering of work. bringing those examples of what is freshman Senators in this Chamber, I In addition to increasing the number working in his own State to the Amer- talked about how health care reform of doctors in a community, HERO also ican people and stating what we are for must benefit rural America. helps develop plans for addressing in this process. As I explained then, rural Americans health issues such as diabetes and teen Next, my colleague from Illinois will face unique challenges in finding qual- pregnancy, for retaining pharmacy join us, Senator BURRIS, who will dis- ity, affordable health care. And rural services after a community loses its cuss the important competition in the health care systems face increased only pharmacist or for establishing a health care reform debate and how it strain due to doctor shortages and inef- one-stop-shopping model for medical, can improve innovation. ficient and insufficient funding. dental, behavioral health, and social The ACTING PRESIDENT pro tem- Successful reform hinges, in large services. pore. The Senator from Illinois is rec- part, on how we meet the challenges of In addition to its work with the ognized. health care in rural America. But what HERO project, UNM also is achieving Mr. BURRIS. Mr. President, I thank many may not realize is that rural breakthroughs in the delivery of med- my colleagues. I join my colleagues America, precisely because of these ical care through a project founded by this morning to speak out on this very challenges, has become an incubator one of its physicians, Dr. Sanjeev important issue. for the very innovation that will help Arora. It is called Project ECHO, which I am proud to join my freshman col- us achieve our goal. is short for Extension for Community leagues on the floor once again. And I Rural America is trying to meet Healthcare Outcomes. am glad to be talking about the inno- these health care challenges head-on Back in 2002, Dr. Arora was a physi- vation that will come with meaningful with innovative programs in commu- cian specializing in hepatitis C. He had health care reform. nities across the country. In the proc- become increasingly frustrated with I agree with the points my colleagues ess, they are offering a blueprint for the lack of treatment options for the have raised on this issue. Health re- the Nation as we work to enact reform thousands of New Mexicans suffering form will certainly spark employer in- that will benefit all Americans, no from the disease. novation, to the great benefit of the matter where they call home. Many of these patients lived in the American consumer. And that is a good In my home State, several innovative States’ rural and frontier areas. There reason to support reform. But few peo- programs are already paying dividends. weren’t enough specialists to treat ple are talking about the kind of inno- The two I wish to talk about today are them, and local providers often didn’t vation that will come about only if we the result of partnerships between our have the expertise to provide treat- include a public option in our reform rural communities and one of our key ment themselves. package. academic institutions, the University What Dr. Arora did was establish So that is what I would like to dis- of New Mexico, our big teaching hos- what he calls a one-to-many knowledge cuss today. pital in New Mexico. network, which includes a specialist A public option means competition in Academic health centers, such as the and up to 40 rural providers. The doc- the private market. As any business- one at UNM, have the potential to be tors meet by videoconference to co- man will tell you, competition breeds hubs of knowledge and expertise, not manage patients and to eventually innovation. But this is especially true just for the communities where they teach these rural medical professionals of the competition we can expect with are physically based but for the entire to be minispecialists themselves. a public option. That is because a pub- State. Over the years, what began as a pro- lic plan will not only encourage reform UNM recognized this potential and gram designed to treat hepatitis C pa- and innovation in private companies— reached out to partners in rural areas tients has grown and expanded. Today, it will actually step up and take the throughout New Mexico. They asked it includes more than a dozen knowl- lead, just as Medicare has done in the two basic but often overlooked ques- edge networks and telehealth clinics on past. tions: What do you need? How can we a wide variety of specialties, including In fact, a recent study shows that help? HIV, diabetes, pediatric obesity, and many private companies have adopted What emerged from these conversa- psychotherapy. the innovations, such as improved pay- tions was the development of a state- In closing, I believe these two pro- ment methods and rigorous reviews of wide Health Extension Rural Office grams, along with the other initiatives technology and treatment, that were program. Through this program, which discussed by my freshman colleagues developed under the Medicare system. we call HERO for short, agents live and today, are strong reminders that Amer- That speaks volumes about the po- work in communities they serve, and ican innovation doesn’t always begin in tential for innovation under a new plan they act as liaisons and resources to the Halls of Congress or down the that has the broad base, account- health partners in the area. We know street on Pennsylvania Avenue. ability, and transparency that only a this extension model for agriculture, Historically, the greatest American public option could provide. and we are proving it can work for innovation is a grassroots phe- The public option would be in a posi- health services too. nomenon, bubbling up from individuals tion to test and implement meaningful Here is one example. In the frontier and communities across America, from changes to the way health coverage county of Hidalgo, in southwest New enterprising folks who recognize a works. These innovations will help to Mexico, HERO agents discovered the problem and work together to develop streamline the health care system, community needed help recruiting a solution that best meets their needs. save money, and reduce the adminis- local health professionals. This health care reform remains a trative costs that have run rampant To meet that need, HERO helped es- work in progress. It is our job as legis- among private insurance providers. tablish a partnership between UNM and lators to seek out programs such as The public sector will lead the way, community providers to offer free local HERO or Project ECHO, to seek out and private companies will adopt their housing for UNM medical residents these best practices, to find programs innovations. We have already seen this during their regular rural rotation. that work, and to expand that knowl- with Medicare—and with a broader

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.002 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10796 CONGRESSIONAL RECORD — SENATE October 28, 2009 public option, this trend is bound to in- Today, as you have heard, I will dis- cluding same-day scheduling and se- crease. That is because, without com- cuss three exciting initiatives in New cure e-mail communications with their petition, private corporations simply Hampshire that are transforming our doctors. Unquestionably, the pilot is don’t have any incentive to innovate. health care system. These innovative changing the way health care is deliv- There is no reason to spend money on ideas are shaping the debate and are ered in New Hampshire. research when you have a virtual mo- changing the way we think about My third initiative I wish to talk nopoly over the insurance market. health care. They are revolutionizing about deals with changes that are hap- There is no reason to develop new ways how we deliver necessary health care pening at the local level to improve to improve coverage when you can in- services, and they are transforming our health in New Hampshire. In the west- crease premiums at will without incur- payment mechanisms. Most impor- ern part of New Hampshire is a small ring much risk. tantly, these initiatives go to the heart city called Keene that has set its goal Certainly, private companies spe- of this debate. They focus on the needs on becoming the healthiest community cialize in finding innovative ways to of patients, they make the system in America by 2020. So for all my fresh- deny people’s coverage—but that is the more efficient, and they use our dollars man colleagues, they have to share this only kind of innovation we’re likely to more wisely. with the cities in their States and let see from them. And I think America The Center for Informed Choice at them know we plan to be first in has had enough of that. the Dartmouth Institute for Health Keene, NH. A public plan would be entirely dif- Policy and Clinical Practice is dedi- The citizens of Keene took a look at ferent. The recent study indicates that cated to one simple idea: that patients the data and found out that our State’s a public option would be at the fore- deserve to be equal partners in making leading cause of death is heart disease front of improving coverage, through choices about their health care. related to tobacco use, poor diet, and innovations such as: We know when patients and their physical inactivity. The folks in Keene pioneering technologies and inventive treat- families have good information about realized that we spend a disproportion- ments, improving efficiency, expanding ac- procedures, treatments, and therapies, ately high amount of money on our cess, lowering costs, evaluating the quality they make good decisions. The re- medical costs instead of focusing on of care to help payers and purchasers get searchers at Dartmouth found that 40 prevention and wellness. maximum value, coordinating care for those percent of the time, patients who are The citizens of Keene took action. with chronic illnesses, and finding better Led by a local hospital, Keene estab- ways to reward high-quality primary care fully involved in the decisionmaking process during the course of their med- lished a coalition of partners from all providers. sectors of the community, including These are only a few of the innova- ical care choose the less invasive and lower cost medical procedures. Forty education, private business, nonprofit tions we could hope to see with a pub- organizations, and municipal and State percent of the time, patients choose lic option. And all of these develop- government. This coalition, which is the less invasive, lower cost proce- ments would be shared with the private called Keene Vision 2020, has made it a sector. This would help reduce costs, dures. More importantly, their research priority to engage citizens in healthy restore accountability, and improve lifestyles. They have sponsored edu- health outcomes for every American. shows these patients have better clin- ical outcomes and higher rates of satis- cational briefings, screenings, health Mr. President, that is why we need clinics, health fairs, and Keene’s Vision faction as the result of their treat- the competition and innovation that 2020 promotes the local farmer’s mar- ment. The providers at Dartmouth put only a public option can provide. It is ket, and it has established a local this research into practice. They recog- time to lower the cost of health cov- walking group. All of this is done with nized it can be hard to decide whether erage. It is time to restore account- one goal in mind: to be healthy. ability to the system. It is time to to have surgery, to have a test, or to I have no doubt that Keene will be a make sure every American has access continue with a treatment. So they healthier community in 2020, and I to quality, affordable health care. offer patients a variety of resources to have no doubt that the preventive A public option will spur new innova- help. Patients can talk to a counselor. measures in which citizens have be- tions that will help us get there. They can do research in the library or come engaged will lower our health That is why I will not back any in- talk to medical professionals. They can care costs well into the future. We surance plan that does not carry with find out all their treatment options. should all applaud and encourage this it this major issue of a public option. They can learn what other people have sort of community-wide commitment I yield the floor. done and fully understand recovery to prevention and wellness and to pub- Mr. BEGICH. Mr. President, I thank time and the impact on their quality of lic health. Senator BURRIS for his comments. The life. And they can do all of this online. This is an exciting time. Congress is words he uses—‘‘rewards quality, inno- I have been to the center. It is very closer than ever before to passing com- vation, reduced costs, accountability, impressive what they do. Soon this in- prehensive health reform. Time and and competition’’—are what we stand formation is going to be available to time again we have heard we cannot for. The other side does not. By the the public online. continue on the present trajectory. I comments the Senator has laid out, he Armed with information, these pa- am pleased to point out these exciting has detailed his views and what com- tients become empowered and equal initiatives underway in New Hampshire petition can do in controlling the partners in their health care. This is that demonstrate we can improve the costs. the direction that health care reform quality of care and lower our health Next is Senator SHAHEEN, who will must take. care costs. join us to discuss three health care in- Another exciting initiative in New I yield back to Senator BEGICH. novations in her State of New Hamp- Hampshire is our medical home pilot The ACTING PRESIDENT pro tem- shire. She will share the success of the program. With close to 40,000 patients pore. The Senator from Alaska. Center for Informed Choice, the med- involved, the medical home is changing Mr. BEGICH. Mr. President, I thank ical home pilot and community part- the way health care is delivered in New the Senator from New Hampshire again nership for improved public health. Hampshire. You see, a medical home is for addressing innovative health care, I yield to Senator SHAHEEN. about collaboration. It is about a team to reward quality, create innovation, The ACTING PRESIDENT pro tem- of health professionals who are work- reduce costs and making sure we are pore. The Senator from New Hampshire ing together to provide individualized accountable for our actions in regard is recognized. care for each patient. to health care. This is what this side of Mrs. SHAHEEN. Mr. President, I am In New Hampshire, our medical home the aisle is for—innovation and new pleased to, once again, join my fresh- pilot has integrated the use of elec- ideas to bring some competitiveness to man Democratic colleagues to make tronic medical records that import hos- the process and lowering the cost of the case for health care reform. I wish pital, radiology, and laboratory tests health care. to recognize and thank Senator BEGICH directly into the patient’s record. New Next, we will hear from Senator for his leadership and coordination of Hampshire medical home model offers MERKLEY of Oregon. My fellow fresh- this effort this morning. two important services to patients, in- man joins us to discuss how critical it

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.004 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10797 is for the Senate to act now on health are used to hearing there are 45 million just described the ride—the ride right care reform because the cost of inac- Americans uninsured. But a recent over the cliff of cost of insurance that tion is too great. study from the University of North is no longer affordable, with 45,000 peo- I yield time to Senator MERKLEY. Carolina estimates that 6 million ple who die every year because of their Mr. MERKLEY. Mr. President, I Americans have been added to the inability to access affordable health thank Senator BEGICH. ranks of the uninsured since 2007—6 care. The Republican leader is right, My colleagues have been pointing out million more uninsured since 2007—put- the American people have been taken the importance of innovation. Senator ting the number of Americans unin- for a ride—a ride over the cliff. BURRIS addressed how competition and sured at 51 million to 52 million. What we are showing today is inno- the public option would increase inno- According to the Kaiser Family vation, new ideas, new approaches that vation. Senator SHAHEEN just noted Foundation, more than 80 percent of bring quality, affordable health care to some of the models and efforts in her the uninsured are from working fami- millions of Americans and the 45,000 State. We need to share the insights of lies. Members of the family have jobs. Senator MERKLEY talked about who die that throughout this Nation so we can Take Karen Jeffrey from Ashland, each year because of lack of health take the best practices to produce the OR. When she moved to Oregon from care. best quality results in every corner of Hawaii, she tried to buy new insurance. I thank the Senator from Oregon for our Nation. Because she had suffered from a broken reminding us of those statistics and I rise to speak about a different as- hip and a bout of cancer 15 years ear- making sure we do not forget what we pect of innovation; specifically, that in lier, she could not find affordable cov- are here to do. order for our citizens to benefit from erage. So Karen is simply waiting until Next, I am pleased to hear from Sen- this innovation, health care needs to be she can qualify for Medicare at age 65. ator KIRK. The Senator from Massachu- affordable. Currently, health care is on If a medical emergency strikes before setts joins us to discuss the Commu- a road to unaffordability and inacces- that arrives, that medical incident will nity Living Assistance Services and sibility. If we do not pass health care be devastating. If we do not act now, Support Act, or the CLASS Act. Yes- reform, costs will eat up a bigger and rising health care costs will cause fi- terday, the Senator made his first bigger share of the gross domestic nancial ruin for millions of families. speech on the floor of the Senate. It product and our families’ budgets. A recent study in the American Jour- was enjoyable, exciting, and very to More families will lose their insur- nal of Medicine found that 62 percent of the point when it came to health care. ance because they simply cannot afford Today I look forward again to his all bankruptcies filed in 2007 were from it. Many other families will be forced comments regarding health care, espe- medical expenses. Of those who filed into personal bankruptcy as medical cially the CLASS Act. I yield time to for bankruptcy due to medical prob- bills spiral out of control. And, much Senator KIRK. worse, some Americans will die be- lems, about three-fourths had health The ACTING PRESIDENT pro tem- cause of inadequate or delayed care. insurance. Even with insurance, many pore. The Senator from Massachusetts We cannot continue on this path. Americans are underinsured and dev- is recognized. First, health care has become in- astated by a medical emergency. The Mr. KIRK. Mr. President, I thank creasingly unaffordable and will only impact of these bankruptcies reverber- Senator BEGICH for his leadership this get worse. This is true whether we look ates throughout our families, through- morning on important issues that are at it through a macroeconomic per- out our economy. Every year 1.5 mil- concerning the American people. I spective, the family perspective, or the lion families lose their home to fore- thank the Senator from Alaska and my small business perspective. Looking at closure as a result of unaffordable med- other colleagues in the freshman class the economy as a whole, in 2008, health ical costs. for advancing the important measures care spending in the United States We also know families pay with their that the American people are anxious reached $2.4 trillion. It is projected to lives. In September, a Harvard Medical to see enacted to improve their health reach $3.1 trillion by 2012, and if it con- School study showed that 45,000 people security future and their economic fu- tinues in that fashion, it will reach $4.3 die in the United States each year, 1 ture as well. I also thank my col- trillion by 2016. Add up those 10 years every 12 minutes, because of a lack of leagues for their kindness and cour- and what we find is we will be spending health insurance and cannot get good tesies in welcoming me to the Senate $30 trillion to $40 trillion for health care—45,000 Americans each year. That and to be a part of this impressive and care in just a 10-year period. is more than the number of Americans distinguished team as we do what is If we frame this through the family who died in the Revolutionary War. It our responsibility for the American perspective, the cost increases are felt is roughly equal to the number of our people. all over the Nation through double- soldiers who died in combat in Vietnam This morning I wish to address a leg- digit annual increases in premiums. over a 16-year period. It is the equiva- islative initiative that will assist our Workers are paying $1,600 more in pre- lent of 30 Titanics sinking every year— senior or infirm citizens as part of our miums annually for family coverage Americans dying because of health care reform initiative. now than they did 10 years ago. To put unaffordable health care. Today in the United States, there are it differently, for many families, the We need health care reform that approximately 200 million people who cost has doubled over the last 8 years, drives innovation. We have a tremen- are elderly or disabled. These individ- and the cost will double again over the dous number of models around the uals are some of our most vulnerable next 8 or 10 years. The result is that States to promote and improve, but we and often they are forgotten. But they families who could afford health care a need to make health care affordable in always had a friend and advocate in few years ago cannot afford it today, order to get that innovation into the Senator Ted Kennedy. He was the pre- and many who can barely afford it hands and benefits of our citizens. That mier legislative innovator. today will not be able to afford it to- is why we must proceed with health Senator Kennedy understood the cur- morrow. care reform now. There is no time to rent system is not working; that it Our small businesses feel the pain as waste. cried out for innovation. He knew it well. At the Hawthorne Auto Clinic in Mr. President, I thank Senator was wrong that in order for individuals Portland, the cost of premiums has BEGICH for moderating this discussion with disabilities and the elderly to re- gone from 9 percent of the payroll to 18 and putting in the spotlight the role ceive the services and support they percent of the payroll in the last 5 and importance of innovation. needed, they had to stop working, years. That is a huge amount of money The ACTING PRESIDENT pro tem- spend down their savings, abandon diverted from hiring more staff or in- pore. The Senator from Alaska. their dreams, abandon their homes, creasing wages for the staff or from in- Mr. BEGICH. Mr. President, I was and possibly go into a permanent facil- vesting in more capital equipment. here at the opening of the session, and ity—all the wrong incentives for indi- These costs are hurting our families I heard the Republican leader say—and viduals who deserve dignity in those and damaging our small businesses. I agree with his actual comment—that fragile years. All this, he felt, was di- Second, as costs go up, more and the American people have been taken rectly contrary to our idea of living more Americans will lose coverage. We for a ride. The Senator from Oregon the American dream.

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.006 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10798 CONGRESSIONAL RECORD — SENATE October 28, 2009 Senator Kennedy was not one to sit HAGAN, who will discuss how wellness spring, more than 200 women received idly by. He acted. He acted to try to programs are a key component of com- free mammograms from a mobile unit help as many of these men and women prehensive health care reform and how that came to the plant. The company as possible. The Community Living As- they have an impact on long-term out- recently started a part-time, onsite sistance Services and Supports Act— comes for American citizens. medical clinic to address their employ- known as the CLASS Act—was at the Senator HAGAN. ees’ medical needs. heart of his efforts to help people with The PRESIDING OFFICER. The Sen- Companies such as SAS, Lenoir Me- functional limitations and their fami- ator from North Carolina. morial Hospital, and Mitchell Gold and lies obtain the services and support Mrs. HAGAN. Mr. President, I am Bob Williams reap tremendous eco- they needed in order to keep their inde- joining my colleagues on the floor nomic benefits from their investments pendence and continue as active mem- today to discuss how health care re- in these wellness programs. In 2008 bers of their communities. I am hon- form will support innovative private alone, SAS saved more than $5 million ored to take up that worthy cause. sector programs that will save tax- in productivity and insurance costs as Here is how the CLASS Act will help payers money and make our Nation a result of its onsite health care cen- the middle class. Under the act, a healthier in the long run. I wish to ter. worker in Massachusetts or any other take this opportunity to discuss Businesses across our country can State can choose to pay into a vol- groundbreaking work at SAS, a soft- improve worker productivity and save untary insurance program through af- ware company based in Cary, NC. money by encouraging their employees fordable payroll deductions. After 5 Since 1985, SAS has established itself to adopt healthier lifestyles. Obesity, years of those deductions, they would as a global leader in employer-spon- chronic heart disease, and diabetes be eligible for a daily cash benefit of sored wellness programs. Although continue to rise in America at a sig- $50 if they became disabled. That SAS provides health insurance for its nificant cost to our health care system. money can make a huge difference in employees, almost 90 percent of their The time to be innovative is now. allowing a disabled person to live with families use the company’s on-site In the health care reform bill, we are independence and with dignity. For ex- health care center, and more than 50 building on these successful wellness ample, it can pay for having a ramp in- percent, including the company’s CEO, programs and encouraging all employ- stalled in their home or pay for needed use the health care center as their pri- ers to invest in the health and well- transportation or purchase a computer mary care provider. being of their employees. Specifically, to work from home and remain self-suf- SAS started providing wellness pro- in the Health, Education, Labor and ficient. grams to its employees because the Pensions Committee bill, employers Some have said this innovation is company realized the value of having can offer their employees who partici- unsustainable; that it is just another healthy employees—they are more pro- pate in a wellness program a discount government benefit that will become ductive, they are more loyal—which of up to 30 percent in their health in- unaffordable in the years to come. But translates into low employee turnover surance premiums. Currently, the aver- the Congressional Budget Office and and reduced recruitment and retention age employee insurance premium is other independent auditing agencies costs. Disease prevention and wellness $250 a month, or $3,000 a year. This 30- estimate the CLASS Act will be able to also translate into lower health care percent discount would mean a savings maintain its solvency for 75 years. The costs for the company as employees of $900 per year to that employee. plan is self-funded and is a cost saver take better care of themselves. Expanding employer wellness pro- for Medicaid since fewer people would Recently, one SAS employee—a man grams will bring the cost of health care need to push themselves into poverty in his 30s—was told he had early signs down and will make America a in order to enroll in Medicaid and re- of Type 2 diabetes. Through their dia- healthier nation. ceive the care they need. The CLASS betes self-management program and I thank the Chair. Act will correct that disincentive. other onsite SAS resources, this man The PRESIDING OFFICER. The Sen- The CLASS Act is a realistic answer was able to make real changes in his ator from Alaska. to the serious problems of our current lifestyle, eating habits, weight and ex- Mr. BEGICH. I thank Senator HAGAN system and it is important to the lives ercise, and now he no longer meets the for once again showing this morning of millions of Americans. Disability diagnostic parameters for diabetes. another innovative approach to reduc- could suddenly strike any of us in the I also recently visited Lenoir Memo- ing health care costs for Americans years ahead. As we work to provide rial Hospital in Kinston, NC, where today and into the future; and how health insurance to the tens of millions this hospital provides their employees wellness and prevention are critical for of Americans who do not have it, it is and members of this community with the long-term benefits of the American hard to understand why we should not access to a gym and a wellness pro- people in reducing health care costs— meet the needs of millions of people gram. More than 40 percent of the hos- not by just a small amount but signifi- with disabilities and the elderly who pital’s employees participate because cant amounts, as she laid out. desperately need our help. of incentives the hospital provides for Next we will hear from our colleague I hope very much that our colleagues basic preventive screenings. People from Colorado, Senator BENNET, who will support the CLASS Act as an inno- who don’t work at the hospital—people joins us to discuss how innovation and vative and necessary part of the cur- in the community—can pay a low patient-centered care can improve our rent health reform bill, and I look for- monthly fee to use the gym, including health care system. ward to further opportunities to ad- its indoor and outdoor track, weights, I yield time to Senator BENNET. vance this measure, and ultimately as and yoga classes. Many of the people The PRESIDING OFFICER. The Sen- a part of the needed health reform bill who use the facility are middle-aged ator from Colorado is recognized. that is coming to the floor that will and older. Health care staff monitor Mr. BENNET. Mr. President, I thank help and serve the American people the facility and help create a com- the Senator from Alaska for organizing through its ultimate enactment. fortable and safe environment for ev- this presentation this morning. It is a I thank the Chair, and I yield the eryone who comes to exercise. This op- pleasure to be here with my freshman floor. portunity is a benefit to the entire colleagues to talk about health care re- The PRESIDING OFFICER. The Sen- community. form in this country, something that is ator from Alaska. Two weeks ago, I visited the show- long overdue if we are going to end the Mr. BEGICH. Mr. President, I thank room of the North Carolina furniture double-digit cost increases our working Senator KIRK for describing the CLASS manufacturers Mitchell Gold and Bob families face every year and if we are Act, an important program for long- Williams. This company currently em- to see small businesses continue to term care, and the legacy of Senator ploys 550 North Carolinians, and for the grow and thrive in this country and Kennedy and his work regarding that past 10 years the company has provided lead us out of the recession we are in. innovation. their employees with a free annual As the Presiding Officer knows, in At this time, we will hear from my health fair, where employees can re- our State we have suffered a lot from a colleague from North Carolina, Senator ceive preventive exams at no cost. This health care system that doesn’t work.

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.008 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10799 We see more and more of our families nities all over the country that will fered in some big-type Cliff Notes? We losing their insurance and fewer and have the opportunity to learn from are already hearing that. By the way, fewer of our employers able to offer in- each other and provide better transi- all the bills have already been on the surance, which is something they want tional care for patients and more pa- Internet for weeks, in some cases for to do for their employees. So it is high tient-centered care as we move through months. The merged Senate version time for us to get these costs under this health care debate. will be on the Internet and so will the control, and that will take innovation. I thank the Senator from Alaska for final bill from the conference com- In our State, we haven’t waited on organizing this, and I yield the floor to mittee after the House and Senate Washington. There are great examples him. work out their differences. of Coloradans who have pulled together The PRESIDING OFFICER. The Sen- My second question is this: I wonder to deliver high-quality health care at a ator from Alaska. how many of my colleagues across the lower cost. Mr. BEGICH. Mr. President, I thank aisle have actually read these Repub- A great example of what I am talking the Senator from Colorado for talking lican amendments, because there are about is in Mesa County where Grand about the importance of why we need some very good ideas. I know the Re- Junction is located. They have insti- to do this but also reminding us of the publicans are quick to say the com- tuted what they call transitional care, small business component of all this mittee only accepted technical amend- where they have reduced the readmis- and how important it is not only for ments, but that doesn’t appear to be sion rates at the hospital to about 2 the individual policyholder but the true for all cases. percent. The national average is rough- small business that is struggling every An amendment by Senator BURR says ly 20 percent. One out of every five single day. the HELP Committee’s community Medicare patients who is released from I thank him for reminding us, and I health insurance option must follow the hospital winds up in the hospital in will now make my comments, and talk State insurance regulation. This is not the same month they were released. a little about what people have said trivial. It refers to important matters There are a lot of reasons for that. today but also to hopefully blunt a few such as solvency, consumer protection, Those of us who have small children or of the myths. and much more. The amendment helps are caring for parents know how many I want to thank my freshman col- to ensure a level playing field between times we have to tell the same story leagues who have spoken this morning. the public option and all the other over and over as we make our way from It is truly wonderful to hear the many health plans in each State’s insurance one doctor’s office to the next. Many different ideas, innovative reforms that market. That is hardly technical. people forget to fill out their prescrip- are already working, and about the The bipartisan amendment supported tions or they do not have the kind of new proposals that will help us achieve by Senators GREGG and ENZI and ALEX- instructions they need to be able to the overall goal of reform: Tens of mil- ANDER allows employers to give bigger take responsibility for their own care. lions more Americans covered, with ac- incentives to employees who partici- In Mesa County they have solved that cess to more choices and premiums pate in workplace wellness programs, problem by creating a transitional that individuals and small businesses which I think is a great idea. It is model that makes sure when patients can afford. something I implemented when I was leave the hospital they do so with a In these final few moments of my the mayor of Anchorage, AK. coach—a coach who helps them go from time, I want to preempt what may My own Alaska colleague, Senator the emergency room to their primary come on the floor from the other side MURKOWSKI, had other good ideas to care physician and their mental health of the aisle later today, from those who add to the HELP bill, including im- provider to get the care they need over will have listened to these presen- proving student loan repayments to a period of time. tations about innovation and excel- help medical professionals who agree I was very pleased that Chairman lence. They are likely to respond the to work in medically underserved BAUCUS included in the Finance Com- way they have always responded to re- areas—another very good idea. mittee version of this health care re- form ideas—by just saying no. I hope my point is clear. There is a form legislation the piece I wrote based The bill is still being written, but we lot to be done by all of us, and there on the work in Grand Junction that have already seen the tactics of the has already been good work by Mem- will compensate—reimburse—providers other side. They say this is a purely bers on both sides of the aisle. So let’s who set up a model such as the one in partisan exercise and that the Demo- talk about the merits of health reform, Mesa County that actually saves crats are not listening to Republicans. let’s debate the policy, and let’s lay money. That is truly what this is all They bring a big, thick, mock bill to out our legitimate differences and then about—this tortuous path we have been the floor and say it is too big and we work together on solutions. on to try to get health care reform will never read it. They say the bills My freshman colleagues have de- done—to have a very excellent end need to be on the Internet or democ- scribed it well over the past hour. point which makes sure we are reduc- racy is somehow in jeopardy. When it comes to reform, there are ing the cost to our working families With all due respect to my colleagues many examples of excellence already and, at the same time, increasing qual- on the other side, the Republicans, I underway. We need to support such in- ity; that we are making sure we are not beg to differ. For starters, I brought novation, expand it, and make it part devoting a fifth of our gross domestic my prop—actually it is not a prop; it is of a nationwide effort to give all Amer- product to health care when every the real deal. What I am holding are icans access to health insurance and other industrialized country in the the actual Republican amendments basic medical care. There is still time world, with whom we are competing, is that were accepted to the HELP bill; for all of us to work together. We need devoting less than half that to health 161 amendments, 300 pages of the bill— health reform now, and we know it will care. almost a third came from them. This is work. There are probably a lot of details in the stack that doesn’t even include the I yield time at this point to the Sen- this legislation that still need to be additional Republican amendments ac- ator from Colorado, MARK UDALL. worked out, and I am sure there is cepted in the Finance Committee. The PRESIDING OFFICER (Mr. BEN- room for improvement—there is always These are not proposed amendments; NET). The Senator from Colorado is rec- room for improvement—but the Amer- these are the Republican amendments ognized. ican people cannot go through one that were accepted and reported out of Mr. UDALL of Colorado. Mr. Presi- more decade like the last decade of the HELP Committee. dent, I thank the Senator from Alaska having poorer and poorer coverage at a I have two questions. First, are the for convening the important discussion higher and higher cost. That is not the critics of health reform saying that the we have had here this morning. As you way our system should work. We can size of the eventual bill really matters, have heard and we have all heard over do better than that as Americans. We that the Senate leadership somehow the last hour, my colleagues and I have shown we can do better than that should be embarrassed because a major agree that the point of health care re- in Colorado, in our State, and I am so piece of legislation that will affect one- form is to bring affordable, quality pleased there are going to be commu- sixth of our entire economy is not of- health care to all Americans. The bill

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.009 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10800 CONGRESSIONAL RECORD — SENATE October 28, 2009 we will debate here on the floor in the spend. This results in fewer emergency have good-quality, long-term health coming weeks will include important room visits and hospital visits, and we care. insurance reforms to make that a re- deliver health care before problems be- As I said earlier when the Senator ality. come more serious. from Oregon was talking, I heard again I want to ask you though, Mr. Presi- Let me turn back to adults in the this morning that the American people dent, and everybody watching, will we workplace. Reform would bring were being taken for a ride. My com- have succeeded in our mission if we wellness programs to the workplace by ment was that I agree with the other merely put an insurance card in every providing grants for employers. Compa- side; they are—right over the cliff. It is American’s pocket? Comprehensive nies that have implemented wellness time to take action and have health health care reform needs to be about a programs have already seen big sav- care reform. lot more than that. We have heard ings. PepsiCo is one such company. Is it a perfect bill when we are all about the difficult fiscal challenges They offer onsite screenings, programs here on the floor at some point dis- that await us if we do nothing. Putting to help employees lose weight, exercise cussing it? It may not be. But is it bet- our economy on a sustainable path for incentives, and other measures. As a ter than where we are today? Abso- the future means we have to address result, they have saved nearly $120 per lutely, because today is literally tak- this unsustainable growth in health participating employee per month, ing the American people right over the care spending that you so eloquently which has resulted in a 2-year savings cliff. So it is in the best interests of the addressed earlier in your remarks. of over $22 million. Even better than American people to move forward and One of the best ways we can do that the dollars involved here, participants create a better system that is more ac- is by preventing illness in the first demonstrated lower health risks and countable with better quality. place. The good news is that many better health outcomes. This is one I appreciate my freshman colleagues communities and providers all over the more way reform will pave the way and for standing up today and laying out country are doing just that. We can provide incentives for more companies new, innovative approaches that are recognize their innovative successes to follow suit for their employees. working across this country. and incentivize others to follow in this Reform is also a great deal for sen- I yield my time. reform package. If we do that, we will iors. For the first time, Medicare will The PRESIDING OFFICER. The Sen- have a big impact on patient health as pay for annual wellness visits. Reform ator from New Hampshire. well as on the Nation’s bottom line. would create incentives for Medicare Mr. GREGG. I ask to be recognized as I wish to talk about a program in patients who alter their behavior in in morning business for 10 minutes. Colorado that has been getting results. order to lower their blood pressure and The PRESIDING OFFICER. The Sen- The Northwest Colorado Visiting Nurse better control their diabetes. Medicare ator is recognized. Association, which has been working will cover recommended preventive f with the Department of Public Health, services now, which is at no additional HEALTH CARE REFORM local physicians, and others, operates cost to seniors. In sum, contrary to the Aging Well program. It focuses on what we have heard from some on the Mr. GREGG. Mr. President, one of prevention, and it connects rural Colo- other side, Medicare benefits will be the first rules in health care that doc- radans over age 50 with services and in- improved by the reform that is being tors learn and health care providers formation to help them remain active, proposed. learn is to do no harm. So, as we move healthy, in their homes, and out of the Let me conclude by pointing out that down the road of this health reform ef- hospital. Patients receive health this legislation makes the wise choice fort, I think we ought to have that as screenings, exercise classes, and of building on our wellness efforts that our watchword also. The health reform courses on managing conditions such are already working. We know preven- effort which we pursue should do no as arthritis or chronic pain. Aging Well tive care enables doctors and other harm to a lot of the elements of our has been a great success. Listen to health care providers to detect diseases health care system which are doing these numbers from a recent survey: 98 earlier, when treatment is the most ef- pretty well. percent of participants reported im- fective, averting more serious and cost- For example, there are a large num- proved fitness, 60 percent visited their ly problems later on. But it also em- ber of Americans who get health insur- doctor less often, and 18 percent re- powers each and every one of us to ance from the private sector—about 170 duced their medication needs. This take charge of improving the quality of or 180 million—who are quite happy saves dollars and improves lives. our lives, and when done correctly it is with their health care. They may have Health insurance reform legislation a crucial component of efficiently and concerns with their insurance compa- includes funding to start similar pro- responsibly addressing health care nies, legitimately, but they think their grams aimed at keeping those just shy spending. health care is pretty good. In fact, of their Medicare years—I have to con- I yield the floor. American health care is excellent. fess, like me—active and healthy. The The PRESIDING OFFICER. The Sen- As we move down this road toward goal is to allow Americans to avoid ator from Alaska is recognized. health reform, we should not harm spending their golden years worrying Mr. BEGICH. Mr. President, I thank those folks. We should not push them about illnesses that could have been Senator UDALL for once again pointing into a public plan by creating a system prevented in the first place. To com- out how prevention and wellness works which basically disincentivizes their plement these programs, additional and how some real hard dollars make a employers to give them health care, grants would give these organizations difference in health care. As I close, I incentivizes employers to pay a pen- the tools to promote healthy living for again thank my colleagues, the fresh- alty rather than pay a health care pre- all ages, reduce obesity, tobacco use, men, for once again coming this week mium, and moves people over to what and mental illness. and making our point clear on innova- are called health exchanges in a public Health reform would also require in- tion and the impact it will have on plan. But that is exactly what the bill surers to provide full coverage for pre- bringing accountability and a better did as it left the HELP Committee, and ventive services at no cost to enrollees. product for the consumer, ensuring who knows what it is going to do when That is music to the ears of any Amer- that we reduce costs through innova- it comes out of the secret room where ican who has skipped a recommended tion. it is being written right now, but I mammogram or an annual physical I heard this morning some one-liners wouldn’t be surprised if that is exactly exam because the cost was too great. from the other side that say ‘‘ration- what it does when it returns from this Let me talk about children as well. ing, delay, deny’’ is what we are all secret room. That will be harmful— There are grants in our health reform about over here. Absolutely wrong. harmful to all Americans who have package for school-based health clinics What we are about is ensuring that the health insurance and like what they so that children who lack easy access current rationing going on by insur- have. They like the doctors they see, to a doctor can get preventive care ance companies, the delay by insurance and they don’t want to have the Fed- right at school. These clinics have been companies, and the denials by insur- eral Government basically supplying shown to save $2 for every $1 they ance companies stop so our consumers their health care and putting them

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.010 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10801 under a bureaucracy where the Federal never replace the creativity of the pri- We are going to pay for 5 years of the Government stands between them and vate sector and the risk-taking of a program, but we are going to have 10 their doctors. broader market that involves billions years of income to pay for it. We are There are also a lot of senior citizens of dollars of investment. going to score as if it is a real bill over in this country today who are on some- But we also know investment follows 10 years. thing called Medicare Advantage. They return. If you use a government plan, That is absurd. You would go to jail find this to be an excellent Medicare which essentially can only save money if you did that in the private sector, Program. It gives them a lot of options by controlling prices and, thus, reduces which Bernie Madoff did. But he has they don’t have under traditional returns significantly or reduces the been released. He is on work release, I Medicare, and they like it. number of years companies have con- think, down here working with the Under the Finance Committee plan, trol over the drug they produce, as is Democratic majority on how to score Medicare Advantage would have been being proposed by the majority under this bill. eviscerated. Most Americans who get the biologics-generic proposal down to But as a practical matter, you have Medicare Advantage would lose it— 4 or 5 years, then you will not get the to match the full 10 years of expendi- that simple—because the Finance Com- initial investment. Those dollars will tures with the full 10 years of what is mittee is anticipating a $400 billion re- go somewhere else. They will go into alleged to be income. So if you have duction in Medicare spending, with the software, they will go into some other this plan fully phased in over 10 years, vast majority of that—or the majority technology or some other activity the cost, by our estimate, the Budget of that coming out of the Medicare Ad- where the return will be something Committee staff estimate on the Re- vantage program, essentially elimi- they think is better. publican side—and it is a reasonable nating Medicare Advantage as an op- So innovation will be chilled, signifi- cost estimate—is about $1.8 trillion. tion. People who are on Medicare Ad- cantly chilled. That does harm. That The income alleged to occur under this vantage would be pushed back into tra- will do significant harm because one of bill—remember, it is coming from ditional Medicare. I don’t think they the great things about our system, as I Medicare reductions and from taxes are going to be very happy with that. mentioned earlier, is that we are bring- and fees—is alleged to be about $900 bil- That does them harm. That should not ing these new drugs to the market, lion. happen. these new pharmaceuticals, these new If you give them the benefit of the As part of the ‘‘do no harm’’ we biologics, these new devices which are doubt, if they get all the income they should be pursuing in health care, we saving lives and making people’s lives claim they are going to get, you are should not cut Medicare in order to better. still about $1 trillion off. Well, who fund a brandnew entitlement for people No other country is doing that at the pays for that? That goes on the debt. who are younger and who are not on rate we are doing it because our coun- Our kids pay for that. Medicare, for the most part—who obvi- try has a system which encourages By the way, we skipped over one lit- ously are not on Medicare—and cause that sort of entrepreneurship and inno- tle item, which costs $250 billion, called people who are on Medicare and who vation. But that will be dramatically the doctors fix. That is not even scored are quite comfortable with what they affected if we go down the road as pro- in this exercise, but we know we have are getting under Medicare, specifi- posed, at least by the bill that was pro- to do it—more sleight of hand on the cally Medicare Advantage, to lose that duced by the HELP Committee, which accounting side, a little bit more Ber- option in order to fund a brandnew en- the majority leader said he endorses, a nie Madoffism. The real price of this titlement with $400 billion in Medicare bill that has a public plan in it. bill is somewhere between $1 and $1.5 cuts. In the ‘‘do no harm’’ category, who trillion, unpaid for. The total bills’ real In the new ‘‘do no harm’’ issue, there are the people we want to have take cost is somewhere over $2 trillion. We is the issue of innovation. Innovation care of us? I know when I was in high are talking 10-year figures here. is one of the great advantages our school and in college, the best and So you are going to grow the govern- health care system has. You do not see brightest people I ran into wanted to ment by $2 trillion because you are innovation in England, of any signifi- be doctors. I liked that because I knew going to create this brandnew entitle- cance, where they have a nationalized those folks, who were a lot smarter ment, and you are going to take $400 system. You do not see innovation in than I was, were going to be taking billion from the Medicare recipients Canada, where they have a nationalized care of myself and my family if I went and use that to pay for it. Then you are system, because innovation takes in- to see a doctor. going to take $500 billion in fees and vestment. To bring a new drug to the Almost universally we know the best taxes and you are going to use that to market requires 12 years and almost $1 and brightest people in our society, for pay for it. billion. Someone has to put up that bil- the most part, go into medicine. They Well, you are about $1.2 trillion lion dollars. Somebody has to be will- become doctors. That has been our cul- short. So who pays for that? Our kids. ing to take a risk with their money, ture for a long time. But that culture More debt. The problem we have today that they are willing to invest in this will change, change fundamentally, is, we have too much debt. We have too very chancy undertaking of trying to when every doctor in this country is much debt. The debt is the threat to bring a new drug to the market, a new working for the government, when ba- this country. drug which will help millions of Ameri- sically the doctors become bureau- I ask for an additional 2 minutes. cans, potentially. crats. What sort of incentive is there The PRESIDING OFFICER. Without But it takes money and it takes a going to be for the best and brightest objection, it is so ordered. willingness to invest in that type of re- to move into medicine then? I think we Mr. GREGG. We are facing a situa- search. Money follows return. If you do significant harm if we undermine tion where our national debt is rising set up a government-run program— that character of our culture. so fast because we are running deficits which, inevitably, in order to reduce Lastly—and this is the point I wished of over $1 trillion a year for the next 10 costs has to control prices—you reduce to talk about mostly—doing no harm, years. That is what is projected in the returns. It is absolutely guaranteed in a financial sense, means not cre- President’s budget. We are essentially that if this country moves to a single- ating programs which we cannot af- going to put ourselves in a position payer, government-run system, the in- ford, for which we end up passing the where we are going to be similar to a novation that is occurring in the area bill on to our children. We know the dog chasing its tail. We can never of pharmaceuticals and biologics, in proposal, as passed by the Finance catch up with the amount of debt we the area of devices, will be dramati- Committee, costs between $1 and $2 are putting on the books. cally chilled because there is not going trillion. Now we are talking about putting a to be the investment capital to pursue They will tell you: Oh, it only costs $2 trillion expansion of the government that type of innovation. $800 billion. But that is because they on top of a government that already Granted, the government can try to used ‘‘Bernie Madoff’’ accounting. They has a projected debt of 80 percent of do it through government research. said: We have a 10-year bill. We are gross domestic national product, which But we know government research can going to spend 5 years on the program. means our kids are going to inherit a

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.011 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10802 CONGRESSIONAL RECORD — SENATE October 28, 2009 country they cannot afford to live in sumers? No. It is being run by the U.S. surance. They do not need a new gov- because their standard of living will be Government here in Washington. Is it ernment-run program. They have in- reduced in order to try to meet the ob- being run by the public? No, it is not surance provided by their employer. ligations we are putting on their backs. being run by the public. It is being run The dirty little secret is, when the It is not fair. It is not right. by the government here in Washington. President and others say: If you like Clearly, if we are going to do health This is government-run insurance. your insurance, you get to keep it, that reform, it should be done in a fiscally That is what it is. It is a government is not right. Because all the incentive responsible way. It is not fiscally re- insurance company that they want to is for your employer to shift you to the sponsible to grow this government by compete with the private companies. government-run plan. That is a lot $2 trillion, take money from Medicare The supporters of this are very hon- cheaper for the employer to do that. So to pay for it, and pass the majority of est about this. They say they want you may like your plan, you may want the cost of that bill on to our kids with them to compete. After all, why to keep it, but you do not get to keep more debt. It is not a responsible thing shouldn’t the private insurance compa- it if your employer says: Sorry, it is to do. nies have some competition from a cheaper for me to put you on the gov- So in the arena of ‘‘do no harm,’’ government-run insurance company? ernment plan. I am not going to offer what is presently proposed around here So let’s stop the phony characteriza- you coverage anymore. is going to do a lot of harm. That is un- tion of it in some way that sounds a Lewin says that will happen to 88 fortunate. little better, that sounds like it is not million Americans. This is not a small I yield the floor. government-run insurance. It is gov- matter. Of course, it is also true on The PRESIDING OFFICER. The Sen- ernment-run insurance. Let’s call it by Medicare Advantage. If you like your ator from Arizona. what it is. Medicare Advantage plan, as my con- Mr. KYL. Mr. President, I ask to be Strangely, when it comes to Medi- stituents do, Arizona has one of the informed when I have spoken for 9 min- care, these same people who are all for highest percentages of seniors signed utes. competition suddenly go silent. They up with Medicare Advantage, well, that The PRESIDING OFFICER. The Sen- are not so much for competition in is tough. ator will be informed. Medicare. That is what we created with We are going to cut $120 billion out of Mr. KYL. Let me say, the Senator a program called Medicare Advantage. Medicare Advantage and the value of from New Hampshire has it right on We have the government-run part of that plan is going to be cut by about— target. I asked a bunch of my constitu- Medicare, and you can have that if you from roughly $140-something in value ents how many believe, if we create a want it or you can buy one of these pri- down to roughly $40-some dollars in new $1 trillion health care program, it vate insurance plans called Medicare value, meaning you are going to be los- is not going to run up the public debt. Advantage. Well, people on the other ing just under $100 in actuarial value Not one hand went up. side of the aisle do not like Medicare off your Medicare Advantage plan be- I think the American people realize Advantage because it is private. It is a cause of what we are doing here. what the Senator from New Hampshire private insurance company. Usually, All this because those on the left do said is absolutely right. You cannot they are health maintenance organiza- not like the private sector providing create this kind of a new government tions or HMOs. They provide a lot of insurance and want it eventually to go takeover of health care in this country extra benefits to their enrollees and all government. The first step to that and health insurance and not have it the enrollees love it. is this government-run insurance. cost a lot of money, No. 1, and not have I get all kinds of letters from Arizo- On Monday, the majority leader an- it run up the debt, No. 2. nians who are on Medicare Advantage nounced a new tweak on this, a new In fact, one of two things is true. You and they do not want us to eliminate variation. In order to try to placate know, half of this is paid for allegedly it. Of course, that is what is going to some who do not like the government- by cutting Medicare $500 billion, al- happen under this legislation. They cut run concept, he will say: Well, we will though we do not know what the final $120 billion out of Medicare Advantage let the States opt out. What exactly bill will be. Maybe it is $450 billion, but because they do not want the private does that mean? Nobody knows. Some- let’s say $1⁄2 trillion to round it off. One insurance companies that provide body has written a bill or at least has of two things is true: Either Congress Medicare Advantage to be competing written a concept. Nobody that I know will end up not making all the cuts in with Medicare, the government-run en- of has seen it. Certainly Republicans Medicare because we have never had tity. have not seen it. This was cooked up in the ability to do that in the past be- So we are all for competition in the the majority leader’s office with people cause we know it will cut benefits for private sector today. We need to have a from the administration and some seniors, in which case we are going to new government insurance company other Democratic Senators, and they run up another $500 billion debt—the competing. But we are not for competi- came up with the idea that maybe it American people know that—or, for the tion when it comes to Medicare, we would not sound so bad if they let first time, we are going to make the want to keep that government run. The States opt out. cuts and seniors are going to see their bottom line is this: The left, in this What exactly does that mean? Well, Medicare benefits cut. body and in the other body and in the first of all, I do not know. But does it One of those two things is true. Yet country at large, wants a single-payer mean everybody has to pay for it, but our friends on the other side say: Oh, government system. They know they if you do not want to accept the bene- no, no, no. We are not going to have cannot get there in one jump. So they fits, you can opt out of the benefits? any new debt. Besides that, we are not are going to do it in two jumps. How many States are going to go for going to lose any benefits. Well, one of First will be with all the government that? Who knows what it means? those two things is going to happen. involvement in this bill, including a Somebody said: Well, how about an Either we are going to be more in debt government-run insurance company. opt-in? I said: Well, you ought to ask or we are going to lose a lot of benefits Then, when everybody gets covered the Democrats that. It would seem to for seniors. under that, they can move to a single- make more sense than an opt-out if This week, of course, all the talk is payer system and, voila, you no longer you are going to have the program. Of about a new government-run insurance have a viable private sector. course, you should not have it in the plan. It has lots of different names. It This is not just me talking. The first place, but at least, if you have it, is called opt-out or opt-in or trigger or Lewin Group, probably the most re- shouldn’t you give people the option of co-op or consumer or public option. spected health care consulting firm, deciding whether they want it and The Speaker of the House this morn- had a study earlier this year in which whether they have to pay for it? If they ing was talking about this. She said: I they said 119 million Americans would do not want to pay for it and do not do not think we should call it public be signed up within, I believe it is, 2 or want the benefits, well, maybe then it option. I think we should call it con- 3 years, under this legislation, with the is a little different proposition. But sumer option. government-run insurance company. that is not a good idea either, because Well, let’s dwell on this for a second. But here is the interesting figure: 88 you are still creating the basic govern- Is this being paid for or run by con- million of those people already have in- ment-run insurance company, and that

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.012 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10803 is also what is wrong with the so-called with a Federal Government insurance basic characteristics I mentioned ear- trigger. company. If you want to call it Federal lier: higher taxes, Medicare cuts, and The idea of the trigger is, well, if the Government, Inc., whatever you want higher premiums for Americans. Secretary of Health and Human Serv- to call it, what you are essentially What is interesting about this chart I ices decides in her opinion that not talking about when the Federal Gov- have in the Chamber is there are Amer- enough people can get insurance at the ernment takes greater control of any icans who will be put into an exchange right cost, then we are going to have part of our economy but certainly one- who would be able to get some sub- the government-run insurance com- sixth of our economy with health care, sidies to help purchase insurance. Obvi- pany take over. National, paid for by which is what health care represents— ously, there are a lot of people in this the Federal Government, created by $1 in every $6 of our economy is spent country who do not have access to in- the Federal Government—this is gov- on health care in this country—what surance today, and that is what we ernment-run insurance. you typically get is fewer choices and all—Members on both sides in the Sen- A co-op. That idea seems to have higher costs. That is certainly the case ate—want to address: How do we pro- pretty well fallen off. here because you are going to see fewer vide more Americans access to afford- But all of these ideas—whether it is a choices. able health care in this country? So co-op or consumer or public or opt-in I think most Americans realize that there are some who get subsidies and or opt-out, it all amounts to the same if the Federal Government has more who would be able to buy insurance thing: It is government-run insurance. control, more intervention, more in- through an exchange. That is about 18 We do not need it. It is bad. It is a volvement in health care in this coun- million Americans. But if you are problem—or a solution looking for a try, it is going to ratchet down the among the 185 million Americans who problem. availability of choice and there will be currently have health insurance, you There are times where there is not fewer freedoms for people in this coun- will pay higher taxes and your pre- that much competition. Why? Because try because the Federal Government is miums will end up going up. they are generally small States with- going to start saying what has to be in What is ironic about this is 18 million out very much population. The last a certain health care policy. It is going Americans will get subsidies through thing they need is one more insurance to start getting in the way of that fun- these exchanges, but there are still 25 company coming in splitting up the damental relationship between physi- million Americans under the Finance pie. They need a large risk pool to pro- cians and their patients. You are going Committee bill who will not have in- vide the basis for them to be able to to have more and more governmental surance when this is all said and done. write insurance. And you split the risk intervention, and that ultimately is So you actually have more people with- pool up even more with yet another in- something I think most Americans out insurance than would actually get surer, and you are not solving any kind have great reservations and great ap- subsidies under this plan that is being of a problem. prehension about. proposed by the Finance Committee, fi- The final thing they said: Well, we In fact, if you look at the bills, the nanced by the 185 million people who need the government-run insurance to various bills that are before the Con- are going to pay higher taxes and also keep the insurance companies honest. gress today—and there are three that who are going to see their premiums go That is what the State insurance com- have been reported out in the House, up. Now, I am not saying that. That is missioners are for. We have several two now in the Senate—they vary a lit- what the Congressional Budget Office former State insurance commis- tle bit in terms of particulars, but they and the Joint Tax Committee have sioners—the Senator from Maine, Ms. are consistent in terms of their overall said. That is what every independent COLLINS; the Senator from Nebraska, themes. They are all going to raise study that has looked at this has said. Mr. NELSON; the other Senator NEL- taxes. They are going to raise taxes not By the way, last week there was an SON—all former insurance commis- just on the rich, not just on people analysis that came out, done by the sioners, and they know their job was to with high incomes, they are going to Actuary at the Department of Health keep the insurance companies honest. I raise taxes on ordinary Americans. All and Human Services here in Wash- have not heard anybody say the insur- the studies bear that out. The Congres- ington, DC, that said overall spending ance companies are not honest. I heard sional Budget Office says that. The on health care under this proposal— them say: Well, they make way too Joint Tax Committee says that. They and when I say ‘‘this,’’ I am talking much money. Well, obviously, that to are going to cut Medicare for seniors, about the House proposal. Again, they some extent can be controlled by the particularly those who have Medicare are very similar in their characteris- individual States. But it is also the Advantage. So Medicare benefits are tics, and in some of the particulars case—— going to be slashed if this bill becomes they differ. But in the House proposal, The PRESIDING OFFICER. The Sen- law. And they are going to all lead to it would go up by 2.1 percent. If you re- ator has consumed 9 minutes. higher premiums. That is the remark- member, today we spend about $1 in Mr. KYL. I appreciate that, Mr. able thing about this legislation. All every $6 in our economy on health President. I will conclude with this these bills that are before Congress care. At the end of the 10-year period, point: A study that came out in the pa- right now, which propose to control according to the Actuary at the De- pers earlier this week demonstrated costs and to lower costs for people in partment of Health and Human Serv- that insurance companies ranked 35th this country, all lead to the same re- ices, we are going to be spending more on the list of the most profitable com- sult; that is, higher costs for health than $1 in every $5. So 21.3 percent of panies, making a profit of something care in the form of higher premiums. every $1 in our economy is going to go like 2 percent. So the bottom line is, I want to point out something in the to health care because under these pro- people say: Well, we either want to bill the Finance Committee produced. posals, health care costs are going to punish the insurance companies or give By the way, they are still merging go up over and above the rate of infla- them more competition or keep them these bills behind closed doors. There tion. In other words, if we do nothing honest. All of these are excuses for of- are a handful of people who are writing today, you are going to have normal fering government-run insurance that, this bill. Contrary to the assertions of inflationary health care costs, which at the end of the day, is simply a step the President last year when he was are going to increase the cost of health toward a single-payer system in this campaigning that this was going to be care. Enacting this legislation would country. That is not the kind of reform on C–SPAN, it was going to be a wide- increase the cost of health care 2.1 per- Americans want. open process, and the American public cent above that, or $750 billion over 10 The PRESIDING OFFICER. The Sen- was going to be able to participate and years. That is what the Actuary at the ator from South Dakota. engage in this, this is all occurring be- Health and Human Services Depart- Mr. THUNE. Mr. President, I appre- hind closed doors. The specifics of this ment said—$750 billion in spending on ciate the comments of my colleague legislation are being written right now health care above and beyond what from Arizona and before him my col- and probably will end up being hun- would be normal if we did nothing with league from New Hampshire in point- dreds of pages, perhaps even thousands health care inflation in this country. ing out what happens when you deal of pages. But they all come back to the So it would add 2.1 percent to the

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.014 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10804 CONGRESSIONAL RECORD — SENATE October 28, 2009 amount we spend as a percentage of Some of the independent studies that ator from South Dakota, Mr. THUNE, is our GDP, to where 21.3 percent of our have been done out there suggest that a strong one and a compelling one. I entire economy would be spent on if you are buying in the individual am also very impressed with his knowl- health care. market as an individual, you are going edge of the facts and his in-depth anal- So you have health care costs going to see up to a 73-percent increase in ysis of what we are apparently facing. up, you have taxes going up, according your health insurance premiums; if you I say ‘‘apparently’’ because so far, as to the Congressional Budget Office and are a small business, up to a 20-percent has unfortunately been the case, the the Joint Tax Committee, on people increase. The studies vary. I have majority leader has not shared with at who are making less than $200,000 a looked at my State. They break it least this side of the aisle or anyone I year. And even half of the tax burden, down, some of these analyses, State by know of on this side of the aisle any of over 50 percent, according to the Joint State. In my State of South Dakota, if the specifics of the latest proposal. Committee on Taxation, would be you are buying in the individual mar- That is very unfortunate. borne by those who make less than ketplace as an individual, you would As the Senator from South Dakota $100,000 a year. see a 49-percent increase. If you are mentioned, the President of the United The amazing thing about this, from buying in the individual marketplace States, when campaigning, stated cat- the analysis that has been done, is that as a family, you would see a 50-percent egorically that there would be C–SPAN someone who is making 150 percent of increase. If you are someone who is in cameras, that there would be Repub- the poverty level, which is $32,200 a a small group market, you would see licans, there would be an open process, year, because of the way the provisions smaller increases but still double-digit and he was specifically addressing the in this bill would interact, would actu- increases—14 percent, 15 percent above issue of health care reform. ally end up with an effective marginal the normal rate of inflation. In other Americans grow cynical from time to tax rate of 59 percent—a 59-percent tax words, if we do nothing, if we do abso- time about the things we say during rate—because they would lose subsidies lutely nothing, you are going to have political campaigns. I can only con- as they make more money. So the in- normal inflationary increases in health clude that the statement made by the centive for someone in a lower income care costs, which I think are hurting a President during the campaign contrib- category to make more money is going lot of small businesses. But if we do utes mightily to not only the issue of to go away because with every dollar what is being proposed here, it is going health care reform but also the cyni- they make, their effective marginal to be way worse because the overall cism about real change in Washington. tax rate is going to go up. It would be cost of health care, according to the Change has not taken place; the major- 59 percent for someone making $32,200 Actuary at the Department of Health ity rules. in this country today. That is for peo- and Human Services, the overall cost I certainly agree those abuses were ple whose income is 150 percent of the of health care above and beyond the committed when Republicans were in poverty level. rate of inflation is going to be $750 bil- the majority in this body, and I saw it, So to suggest for a minute these tax lion over 10 years or a 2.1-percent in- and I fought against it. But it was stat- increases and these tax policies and the crease in overall health care costs. It ed just a little over a year ago that way this bill is financed are not going translates, as I said earlier, into indi- when health care reform came to its to impact average Americans, working- viduals, small businesses, and families period of consideration by the Senate, class Americans, is absolutely wrong. paying higher health insurance pre- when the negotiations went on, C– It is false. That is what the Joint Tax miums, higher costs for their health SPAN cameras and Republicans would Committee and the Congressional care, higher taxes. be present so the American people Budget Office have said. If you are among the 185 million would be able to see, in the President’s But probably the worst thing: If you Americans, again, who are not in the words, ‘‘who is there representing the are one of these 185 million Americans, exchange, who do not get subsidies, pharmaceutical companies and who is as shown right here, who are paying you are going to pay higher taxes and representing the American people.’’ the burden in the form of higher taxes, you are going to see your health insur- Well, if we open it up now, if we you are going to see, at the end of all ance premiums go up. opened the doors not far from here, we this, that after all the promises that There are a lot of people—a total of would see that already a deal has been we are going to get costs under control, 282 million people—who are not going cut with the pharmaceutical compa- your health care costs are going to go to be in the exchange. There are a lot nies. It is an $80 billion deal done in re- up and your taxes are going to go up. If of people who derive their health care turn for $100 million or so in positive you are a senior citizen, your Medicare through the government: Medicare and ads and in return for punishment to av- benefits go down. And guess what. Your Medicaid. So there are a total of about erage American citizens because the health care costs, your insurance pre- 282 million people in this country who administration agreed to a prohibition miums are going to go up. That is what are not going to get subsidies and 18 of importation of prescription drugs has been said consistently. million who will. from Canada that could sometimes Doug Elmendorf, the Director of the By the way, again, 25 million Ameri- save as much as 60 percent on life- Congressional Budget Office, said: cans will still not be covered. There saving pharmaceutical drugs; as well as Our judgment is that piece of the legisla- will be more not covered than would be the elimination of or opposition to tion would raise insurance premiums. able to get subsidies through these ex- competition amongst drug companies He goes on to say: changes to buy insurance. to provide prescription drugs to Medi- Those projected premium amounts include The Democrats are saying: Trust us. care recipients. the effect of the fees that would be imposed They said that on the stimulus. They So what they have done by buying off under the proposal on manufacturers and im- said unemployment would not go above the pharmaceutical companies—by the porters of brand name drugs and medical de- way, according to the latest reports I vices, on health insurance providers, and on 8 percent. clinical laboratories. Those fees would in- The PRESIDING OFFICER. The Sen- read this morning, the head of the crease costs for the affected firms, which ator’s time is expired. pharmaceutical lobby makes over $2 would be passed on to purchasers and ulti- Mr. THUNE. I will wrap up with this, million a year—we have now penalized mately would raise insurance fees by a cor- Mr. President. ‘‘Trust us’’ is not the American people by preventing responding amount. enough for the American people. The them from having choice, as well as That is a direct quote from the Con- American people need real, meaningful seeing the influence of special interests gressional Budget Officer Director, health care reform that will drive costs in this country and in our delibera- Doug Elmendorf. down, not up. These proposals drive it tions. It is very unfortunate. He also said, when asked the question up. There is a great deal of cynicism out about, Would these taxes be passed on I yield the floor. there amongst the American people. It in the form of higher premium, that The PRESIDING OFFICER. The Sen- is manifest through tea parties and in roughly dollar for dollar they would be ator from Arizona is recognized. other ways. Polling data shows the passed on in the form of higher pre- Mr. MCCAIN. Mr. President, I wish to great dissatisfaction the American peo- miums. say that the presentation by the Sen- ple have about the way we do business.

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.015 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10805 That cynicism has been authenticated dential request documenting the need people waited up to three hours to get in one by the process we are going through. for and proposed use of the additional of today’s rarest experiences: a swine-flu I would again urge the majority lead- funds. In total, from 2004 through 2009, shot. er to invite us in to sit down. We have Health and Human Services alone has The doses available represented a lit- some constructive ideas. We have some received almost $9 billion for pandemic tle more than 1 percent of Maricopa thoughts as to how we can reform flu preparedness. Again, this doesn’t County’s population. People were health care in America. We know there account for the other billions to other turned away if they did not fall into needs to be reform. We have people agencies. the high-risk group. such as my colleagues, two doctors— However, for the $9 billion and count- Congress needs to know more infor- Dr. COBURN and Dr. BARRASSO—on our ing the government has spent on pre- mation. Obviously, the hearing we had side of the aisle, who have extensive paring for pandemic outbreaks, Ameri- in the Homeland Security Committee hands-on experience with these issues. cans have only experienced frustration last week was, at best, misleading as to Why can’t we at least at some point— at vaccine shortages and the long lines the magnitude of this problem. We which we should have done a long time for the limited supply of H1N1 vaccines need more information from the gov- ago—be allowed to have input into the that are available. This should make ernment, and we need to act now and behind-closed-doors process that is tak- all Americans extremely nervous about find out how we are going to get ing place as we speak? the government possibly taking con- enough swine flu vaccine to take care of the citizens of this country. We have H1N1 PREPAREDNESS trol of our health care system. Mr. President, I wish to also say a Three months ago we were told—this already invested $9 billion. I don’t few words this morning about an issue is important. Three months ago we think we have a lot to show for it. that is of great concern to me and is of were told the CDC expected 120 million Mr. President, I yield the floor. The PRESIDING OFFICER. The Sen- greater concern throughout the coun- to 160 million doses by the end of Octo- ator from Oklahoma. try; that is, the availability of vaccines ber. Two months ago the administra- Mr. COBURN. Mr. President, I will be in order to combat swine flu, known as tion’s estimate of vaccine availability recognized for the remainder of our H1N1. There are long lines around the dropped to 40 million by mid October, time. Would the Chair tell me when I country. There is scarcity. There is with 20 million additional doses rolling have 1 minute left, please? great concern amongst the American out every week. Last week, the esti- The PRESIDING OFFICER. The Sen- people about this problem. Unfortu- mate dropped again. Now only about 28 ator will be informed. nately, just last week, in a hearing be- million doses are expected to be avail- f fore the Homeland Security Com- able by the end of October. Yet the mittee, the Secretary of Health and CDC estimates there are at least 45 HEALTH CARE REFORM Human Services assured us that it was million high-risk Americans, including Mr. COBURN. Mr. President, I lis- no problem and that there would be pregnant women and children, in need tened the last few weeks on the Senate plenty of supplies on hand. of the vaccine. So according to my floor to many of my colleagues on both The previous administration con- math, we are about 20 million doses sides of the aisle. I happen to be one of ducted the initial analysis, as we know, short. two physicians in the Senate. I still and worked with the World Health Or- Unfortunately, the outbreak of the practice. I saw 11 patients Monday ganization to estimate the magnitude flu is widespread and deaths are accu- morning in an office in Muskogee, OK. of this worldwide pandemic. A plan was mulating. The Washington Post re- I saw some sick kids, saw some women, put in place and stakeholders began ported yesterday: some senior citizens, saw people having executing their roles in protecting the As of October 17, 46 States were reporting difficulties with pregnancies. I was public health. ‘‘widespread’’ influenza activity and many kind of struck, as I watched and lis- In the fall of 2005, in response to the doctors’ offices have been swamped with tened, to where we are in the country government’s lessons from combating swine flu patients . . . The U.S. Government today. avian flu, Congress provided $6.1 billion has ordered enough vaccine to make up to We have a lot of problems in front of 251 million doses if needed, but production in the 2006 supplemental appropriations us, including the financial problems, for pandemic planning across several has been slower than originally anticipated. A total of 11.3 million doses of vaccine have our unemployment problems, the fact Federal departments and agencies. been shipped to U.S. doctors and hospitals that we need to get our economy up Since then, annual funding has been and clinics as of Wednesday, according to the and going. But I saw something my provided to the Centers for Disease CDC, out of a total of 14.1 million doses that staff sent me that explained and gave a Control and the FDA and activities in manufacturers had shipped to warehouses by great big, huge answer to me. It be- Health and Human Services to con- that time. By Friday, 16.1 million doses of came crystal clear. It was a guy hold- tinue work on vaccine development, vaccine had been shipped to warehouses. ing a poster. I have added a few things stockpiling of countermeasures, and In Arizona, State officials estimated to his poster, but in essence here is assistance to States. a need of 900,000 to 1 million vaccines what it said. In late April of this year, Margaret for my State’s 6.5 million residents. On the top line it said: ‘‘Medicare is Chan, the World Health Organization’s The PRESIDING OFFICER. The Sen- broke.’’ That is true. We all know that. Director General, declared ‘‘a public ator’s time has expired. It runs a negative cash balance, total health emergency of international con- Mr. MCCAIN. I ask unanimous con- negative cash balance starting in 2017, cern’’ when the first cases of the H1N1 sent for 2 additional minutes. probably 2014. So 5 years from now, the virus were reported in the United The PRESIDING OFFICER. Without vast majority of the funds from Medi- States. National and State plans were objection, it is so ordered. care are not going to come from Medi- in place and orders for vaccines were Mr. MCCAIN. However, Arizona has care taxes. They are going to come processed. Among other actions, offi- only received 263,000 vaccines as of yes- from the citizens of this country cials released antiviral drugs from the terday. According to the Arizona Re- through their regular taxes or we are national stockpile, developed and re- public, the swine flu vaccine was only going to borrow it from our kids. leased diagnostic tests for the H1N1 available at 35 of the 113 planned clin- The States are broke because they virus, and developed guidance for the ics in Maricopa County. The article have Medicaid, and they are all strug- clinical management of patients and quoted the county’s director of public gling mightily right now, so Medicaid the management of community and health as stating: is broke. school outbreaks. The administration It’s a very frustrating situation where we What else is broke? The Post Office is requested $9 billion in emergency sup- are just not getting what we need. Right broke. We know that. We just gave plemental appropriations to address now, it is completely out of everyone’s con- them $2 billion to get them out of their the situation. trol. cash flow, but they are going to run On June 26 the President signed an On October 24, the Arizona Republic about an $8 billion, $10 billion deficit appropriations bill which provided $1.9 reported: next year. billion immediately and an additional The lines were long, but the desire intense The census is broke. We know that. $5.8 billion contingent upon a Presi- Saturday as hundreds, possibly thousands, of It is going to cost 21⁄2 times what it

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.016 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10806 CONGRESSIONAL RECORD — SENATE October 28, 2009 cost the last time, and we are not even get sick is in this country. We have a well-to-do or you have the benefit of sure we are going to get an accurate 30- to 50-percent higher cancer cure employer-paid health care, you get census. rate than anybody in the world. If you $2,700 worth of health benefit a year; The highway trust fund is broke. We have an acute coronary syndrome, but if you are a single man or woman are getting ready to have a bill on the heart attack, or stroke, we have the trying to raise a child, and are self-em- Senate floor in the very next few days best hope for the best outcome and the ployed, you get $100 worth of tax ben- or weeks that will extend the life of the best survivability for you. If, in fact, efit. So we totally side with those who highway trust fund. It is going to take you have an orthopedic problem, are well-to-do, in terms of the tax ben- $248 billion from our grandkids with a whether it is a fractured hip or leg, or efits in this country, rather than help wink and a nod and say it is not broke. you need a new joint, this is the best the people out there trying to buy indi- It is not any different from what we place in the world to get the best care vidual health insurance. were trying to do on the Medicare doc- with the least complications, with the We can create a transparent market. tor fix, on the reimbursement fix. So best outcome of anyplace in the world. We can mandate tomorrow that for all the highway trust fund is broke. There have been a lot of people crit- insurance sold you have to put out the Fannie Mae is broke. Freddie Mac is ical of the bad parts in health care, and quality, your payment terms, and you broke. Medicare is broke. Medicaid is they should be. But what we are about have to put out the prices you will pay, broke. The country is broke. to do is to damage the very best health and the same with every provider in Here in the midst of all of this, we care in the world to fix what is wrong health care, so that you can know what are getting ready to add a $1 trillion with that system. So rather than to you are going to get, what it will cost, program run by the very same individ- preserve what is good, we are going to and the likelihood of the outcome be- uals who have Medicare broken, Med- take over—we are already at 61-percent forehand. icaid broken, highway trust fund bro- government-run health care; 61 percent Finally, we could encourage the sale ken, Post Office broken, census broken, of all health care is run by the govern- of insurance products across State Fannie Mae broken, Freddie Mac bro- ment today. Add it up—whether it be lines to force competition into the in- ken, and we are supposed to trust us to military health care, Indian health surance market. There is no question design a system to fix the problem. care, VA health care, Medicaid, Medi- they need competition. They have it There is no question there are some care, SCHIP, or the Federal employees inside, but it is mandated down to the problems in health care. The biggest health care, FEHBP. Sixty-one percent State level. So the only way you will problem is that it costs too much. I see of health care is run through the gov- ever create real competition and force that every day when I practice medi- ernment today. You may say, how in competition in health care is to make cine. I have seen it for 25 years. It is the world can we have the cost go out them all compete against each other, exacerbated now. of line? It is because we have health which will give you the ability to buy Most people won’t agree with my as- care bills that will not address the real what you want for your family, what sessment, but one of the reasons the costs. you think you need, and get the care costs are so high isn’t just tech- Instead of having a monstrous bill you want, at a price you can afford. We nology—and certainly it isn’t the in- that costs $1 trillion—actually far are not going to do that with this plan surance industry—it is the demands we more than that, about $2.8 trillion the or any of the plans that have been of- place on the system through Medicare full first 10 years it is in effect. Rather fered. We are going to see the cost of and Medicaid. I get to experience that than doing that, we ought to fix the insurance go up, not down. every day—the added costs that go into easy things first, such as the fraud in Finally, we could have group health the health care system because I have Medicare. It is not hard to fix. We pay associations, where businesses can to do something the way Medicare and chase. We have known that for come together across State lines and wants me to do it, not the way I would years. We tried to do something about join an association and have buying do it normally. I have to cross the T’s it, but we cannot do anything about it. power in the insurance industry. That and dot the I’s for Medicare. We assume that when you bill Medi- has been blocked in this body for 4 It is ironic that right now, as we are care, you bill them right and we pay years. sitting here, there is a hearing going you. If you don’t do it right, we try to So we can do four or five things, and on on strategies to address Medicare figure out, rather than having active none of those would cost any money. fraud. We have a bill that is getting live intervention to determine that you None of that would require us to steal ready to come to the floor that doesn’t did a certified procedure or used a cer- money from Medicare Advantage and have any of that in it. Why didn’t we tified product. So we could save, in Medicare to create a new program, have that hearing 6 months ago when health care, $60 to $70 billion a year rather than to fund the sustainable we asked for it? Or a year ago when we just in government programs if we fix portion of Medicare. So as we look at asked for it? Two years ago, we did the fraud. health care—and there is no question have one in my subcommittee, where We can save another $100 billion a we have problems, and I want to see we found out that HHS doesn’t even year if, in fact, we incentivize or them fixed—it is important to put it know how much Medicaid fraud there change the tort system in this country, into perspective. We have failed at ev- is, and they underestimate their Medi- because what we know is that 80 per- erything we have done, in terms of care fraud by 50 percent, according to cent of all lawsuits are frauds in health being effective stewards, when it comes GAO. We are almost at 20 percent care. They all get dropped. They never to health care programs through the fraud. And now we are having a hear- get paid attention to. But they get Federal Government. They are neither ing, after a bill is written, to find out filed, hoping to extort money out of efficient nor highly effective. We are new strategies for it. our insurance companies that cover getting ready to ask the American peo- Why? It is because there is no defense doctors. Of the remaining 20 percent, ple to trust us with another couple tril- that we could ever muster or maintain 89.9 percent of those are found in favor lion dollars over the next 10 years to against the accusation that we have al- of the providers. So what that says is create a new system, demonstrating lowed a system to have this kind of less than 3 percent of all the suits that the fact that we don’t know how to run fraud in it. Yet we are supposed to turn are filed are legitimate, and those poor and won’t be responsible for the sys- around and ask the American people to people who win the 3 percent—60 per- tems we have. We are going to create a trust us to fix what is wrong in health cent of the money doesn’t go to them; new system, and the idea is to just care. There are significant things it goes to the system. trust us. Our actions which have dem- wrong in Medicare. It costs way too What else could we do? We can onstrated a lack of financial steward- much. It doesn’t have to cost way too change the Tax Code so that if you are ship of the health care programs today much. But we have put that into the an individual, you get the same tax ought to give us all great caution that system. benefit that corporations do when they somehow the Federal Government Let me, for a minute, defend Amer- buy their employees health insurance. knows what it is doing when it comes ican medicine. If you are sick any- No, we won’t do that. We have not done to health care. The proof is that we ab- where in the world, the best place to that in this bill. So if, in fact, you are solutely have no idea what we are

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.017 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10807 doing. That is why there is an $85 tril- past. I don’t think you can trust us think the Children’s Health Insurance lion unfunded liability on Medicare. with health care the way we are going. Program, which was started in the That is why there are over $100 trillion We have not demonstrated we can do nineties for low-income working fami- in unfunded liabilities when it comes that. The person to trust on health lies to make sure that if someone is to Medicare, Social Security, Medicaid, care is you. We can fix what is wrong working in a job and does not have and SCHIP that we will never be able without bringing another 20 percent of health insurance, at least their chil- to take care of, which we will shove health care into the Federal Govern- dren can be taken care of with a low- over onto our kids and grandkids. But ment and shackling our children for- cost policy they pay for. But we estab- trust us, we can get it right this time. ever. lished and created a way for families to We can create 88 new programs—that I yield the floor. get health insurance. I think those is what is in this—new bureaucracies, f folks would probably disagree with the new government programs, with 150,000 statement as well. new employees. And if you think that CONCLUSION OF MORNING In many regards, the VA—and while 150,000 employees won’t stand between BUSINESS there are certainly challenges and you and your provider, you have an- The PRESIDING OFFICER. Morning issues and we all push through to make other thought coming. They are going business is closed. sure our constituents are served—has to write rules and regulations that will f been in the forefront of health informa- cripple the ability for you to make de- tion technology, electronic medical UNEMPLOYMENT COMPENSATION cisions about your health care in your records, and so on. The VA is a system EXTENSION ACT OF 2009—MOTION family. It is going to slow your access that works for our veterans as it TO PROCEED to health care and raise your cost of should. When it is not well funded, as it health care. The PRESIDING OFFICER. Under has not been in the past with the pre- There are ways to get out of this. the previous order, the Senate will re- vious administration, we stepped up to There are ways to lower the costs. sume consideration of the motion to increase the funding repeatedly to There are ways to not grow the govern- proceed to H.R. 3548, which the clerk make sure our veterans have what they ment and make more health care avail- will report. need through a Federal Government able to hundreds of thousands and mil- The assistant legislative clerk read health care system. lions of American citizens. The first as follows: Finally, I will just say, there are our health care bill introduced was the Pa- Motion to proceed to H.R. 3548, a bill to military and military retirees as well tients Choice Act, filed in this Con- amend the Supplemental Appropriations Act whom, I am proud to say, our country gress by myself and RICHARD BURR. It of 2008 to provide for the temporary avail- has supported through providing a saves money rather than costing ability of certain additional emergency un- health care system. money. It saves $70 billion in the first employment compensation, and for other We can talk more about health care 10 years. It saves the States $1 trillion purposes. at another time. But I do think this in the first 10 years. It is the opposite The PRESIDING OFFICER. The Sen- ongoing effort to be critical of any- of what we have coming. It is a pa- ator from Michigan is recognized. thing we do collectively as a country, tient-centered plan rather than a gov- Ms. STABENOW. Mr. President, I through a democratic process of gov- ernment-centered plan. It puts patients have come to talk specifically about ernment, that somehow that is bad, I in charge rather than government bu- the urgency of passing the unemploy- find that interesting, when we are say- reaucrats and Senators. The last thing ment benefit extension. ing to those around the world they I want to happen to my patients and I want to take a moment to respond should go to our system. We, together me—I am 61 years old, and it will not to my friend from Oklahoma, who was through our system, have made sure be long before I am eligible for Medi- essentially bashing the Government’s there are opportunities for many care—is somebody in Washington mak- ability to provide any kind of structure Americans, most Americans, if you ing a decision about what my family or opportunity for health care, saying count the employer-based health care and I can get. And whether I can afford that the Federal Government cannot system, the tax credits, the incentives it is up to me. But what I can get, and be trusted to provide access to health for employers, the government policy. where I can get it, ought to be totally care for people. I suggest that the 40 In some way, our government has been and 100 percent left in my hands as an million people who receive their health involved in incentivizing health care. individual who is free in this country. care through Medicare—seniors over The question now is, Do we complete I have one final point. In this bill is age 65 and people with disabilities— the job? I am very hopeful we will com- a mandate that you have to buy insur- would probably disagree with that. I plete the job for every American and ance. You have to buy insurance. If you think my 83-year-old mother would tackle health care costs that are crip- own your own home, you don’t have to wrestle me to the ground if I tried to pling our businesses, our government, buy homeowners insurance. If you take away her Medicare card. She has and our families. don’t want to have general liability on access to choose her own doctor and I wish to speak about something else your property, you don’t have to do it. procedures. that is of tremendous urgency for fami- If you choose not to drive a car, you This is a system that involves the lies. I was very pleased that last night, don’t have to buy auto insurance. By public and private sectors, and it was finally, after 3 weeks of blocking our the way, 25 percent of the people who in fact established in 1965 by the U.S. ability to get to this bill to extend un- own a car don’t buy it or they buy it Government to make sure seniors and employment benefits, we have the op- and they cancel it. We know that. That people with disability have health care. portunity to get to a vote. Eighty- was the latest statistic. So we are Also, those who are poor in this coun- seven Members voted to proceed to the going to tell everybody in America try and have lost their jobs and are bill. I don’t understand, when 87 Mem- that you no longer have the freedom to fearful of losing their health care, fam- bers vote to proceed to the bill, why we make a choice, that if you have the as- ilies, and low-income seniors who need could not have done this sooner. sets and you choose not to buy health to go into nursing homes would prob- Since we started to try to get to this insurance, you are going to get a fine— ably disagree with my friends from bill, to this point today, 143,000-plus a misdemeanor—from the Federal Gov- Oklahoma about Medicaid, even though people have lost their unemployment ernment. We are going to take away there are many challenges that we insurance benefits—just in the last 3 your freedom to make a decision you need to work on in terms of rates and weeks, over 143,000 people, who have think is in your best interest. so on. done nothing but work all their lives, I note that I have a limited amount Medicaid is a safety net for many play by the rules, the job goes away, of time. With that, I call on the Amer- Americans. That is the difference, in they are trying to find another job and, ican public to pay very close attention some cases, for seniors in nursing in the meantime, keep a roof over the not to what we say and are going to do homes between life and death. head for their family, food on the table, in the next few weeks in Washington I am proud the Federal Government turn on that electric, turn on that but look at what we have done in the also stepped up on Medicaid. I also heating system, which is going to cost

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.018 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10808 CONGRESSIONAL RECORD — SENATE October 28, 2009 even more to the family budget—just an objection to moving that nomina- economic tsunami. They did not create keep things going. tion for most of April, but then he was it. We know 7,000 people today will lose confirmed with 73 votes. It is our job to create the economic their unemployment benefits; 7,000 peo- This, obviously, was not about the framework to support the jobs that ple tomorrow will lose their unemploy- fact that there was not a majority of need to be created. We are focused on ment benefits; 7,000 people the next people—overwhelmingly, over two- that, laser focused on that. Every piece day. We have been trying to build on thirds of the Senate wanted to have we do relates to jobs, whether it is what we did in the Recovery Act. I am this vote, wanted to confirm the Am- health care, energy policy or financial so grateful our President immediately bassador to Iraq, but yet there were ob- reform. Whatever it is, it all comes wanted to extend unemployment bene- jections and slow-walking and slow- back to jobs. But we take 3 weeks to fits. We did not have to struggle, as we walking and slow-walking, trying to get in front of us a bill on which ulti- did for 8 years, to try to make that slow down the business of governing mately, last night, 87 people voted to happen. President Obama gets it, and it and getting things done for this coun- proceed. was in the recovery package. try. We have a new President of the Now we come to a position where we Two days later, there was an objec- United States this year. There was an need to extend it. The House passes it, tion to moving forward to the nomina- election. There is a new Congress. We and we spend 3 weeks procedurally try- tion of Thomas Strickland, the Assist- know there are differences on sub- ing to get to this bill so we can con- ant Secretary for Fish and Wildlife. Ul- stance, and that is what a democracy is sider it. timately, he was confirmed with 89 all about, honest differences. I have There are amendments that will be votes. What took so long? differences on specific policy issues. offered. There are amendments that Seconds after that objection, there But what we see here is a conscious are very good amendments that I sup- was an objection to Kathleen Sebelius strategy that has to stop. It has gone port, such as extending the first-time as Secretary of Health and Human on all too long. We have many chal- home buyers tax credit, help for our Services, right as we were first begin- lenges as a country that need to be ad- businesses in this economy, adjusting ning to respond to the H1N1 virus, and dressed. We have families in crisis who tax issues of net operating loss, posi- we didn’t even have a Secretary of need us to act, and this has to stop. tive things, bipartisan things. But fun- Health and Human Services. Yet there We can no longer continue to see this damentally, the question I have is why was an objection. number go up from 82 to 85 to 90. Who did it take us so long to get to the sub- Seconds after that, there was an ob- knows where this will end, who knows, stantive discussion on this bill? jection to David Hayes to be Deputy in terms of objecting to moving for- That leads me to the second matter Secretary of Interior. They filibustered ward, objecting to taking up bills. about which I wish to talk. this nomination. We had to go through We have one of the most important Since the beginning of this year, we all these procedural votes. In the end, issues that I know I will ever address have seen 82—yesterday it was 81, now he was confirmed unanimously. So or have worked on in my time in the it is 82 times, as of this week, that we even the person who objected to going House or Senate coming before us on have seen Republican objections to to this nomination ultimately sup- health care reform. We have dif- moving America forward, forcing us to ported the nomination, which leads one ferences. We have people of good will go to a vote, such as yesterday, where to ask: What is the motivation of what who have differences. We will have a 87 people said yes. Why did it take a is going on here? motion whether to even proceed to the vote? Why did it take 3 weeks? If peo- In May, they objected to proceeding bill and debate those differences. Yet ple were sincere about moving this to the Family Smoking Prevention To- my assumption is that almost all— country forward, about solving prob- bacco Control Act. Ultimately, it hopefully not all—almost all the Re- lems, all the talk of bipartisanship and passed with 79 votes in June. Twice we publicans in the Senate will vote no to all our efforts to create that, we would had to file procedural motions, cloture even proceeding to discuss it. not get no, no, no; I object, I object, I motions to get the credit card bill in We are in one of the most important object. That is all we hear as we try to front of the Senate. Ultimately, it times in our country’s history. We move forward to solve some of the passed with 90 votes. don’t have time for this. We don’t have most critical issues facing the country, In July, we had to file again. We had time for these ongoing antics that just facing families, facing businesses—the to go through the slow process, start burn the time on the clock, stop us economy, internationally with wars. the 30-hour clock, another 30-hour from taking votes, stopping us from Over and over again, things that should clock, waste time on the floor trying to getting the team in place so the admin- take 2 hours take 2 weeks. get the Homeland Security bill up, istration can do their work, stopping It is time to say enough is enough. which passed with 84 votes. us from solving problems, extending We have done this too long this year. The Defense authorization bill, an- unemployment compensation, focusing Now is enough. It is time to get on other absolutely critical bill that ev- on jobs, focusing on health care costs, with the business, the people’s busi- eryone agrees must move forward for tackling what we need to do for clean ness, and to, frankly, call it like it is. our troops, for our security, was held energy. We don’t have time. The Amer- I wish to go through a few of the 82— up on the floor most of the month of ican people don’t have time. Our coun- not all of them—a few of the 82 objec- July and ultimately passed with 87 try doesn’t have time to waste on tions because we started the year with votes. items that are blocked that eventually efforts to block the President from get- In September, the Interior funding have overwhelming support. ting his team in place. bill, the same thing. It ultimately We know there are times when we all We know there was an election. passed with 77 votes. Finally, last feel passionately about something, Somebody won. They have a right to week, Republicans objected to even when there are divisions in the Senate, have their team in place to govern. going to the conference committee. when we choose to stop moving for- That is how this works. Yet right out When we look at this, we have a bill ward. We all have been in that posi- of the box, the day after the swearing that passes with 87 votes on Defense tion, and I respect that decision. I cer- in, January 22, there was an objection authorization, goes to conference com- tainly hold that as a right of mine, as to calling up the Jackson nomination, mittee, comes back, another objection, it is for each of us. But what we are the Sutley nomination, the Solise nom- have to do a cloture vote, run the seeing over and over are efforts to ination, the Rice nomination—objec- clock, and then the bill passes with 68 slow-walk the business of this country, tion, objection, objection. We can go on votes. of solving problems, and then when we through point by point. That leads us back to where we are get to the end, such as yesterday, there I will jump down to April 21, when today. Twice there were objections to are 76 votes or 90 votes or it is unani- there was an objection to scheduling a bringing up the extension of unemploy- mous. That is what I am objecting to— vote on Christopher Hill to be the Am- ment compensation for millions of the strategy of stopping the people’s bassador to Iraq. We are in the middle American families, middle-class fami- business from getting done. I hope as of a war, years of a war, and there was lies who are caught in the middle of an we go forward on health care and go

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.020 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10809 into the new year, we will be able to the time to say no. When over a third ment is the problem for everything; focus on the substance of things, de- of all unemployed—more than 5 million that it can do nothing right and should bate that vigorously—as we will—but Americans—have been jobless for 6 stay out of just about everything; that stop what is the gratuitous objection months or longer, and 500,000 Ameri- the free market should be left to its over and over and over just for the pur- cans will exhaust their unemployment own devices and everyone should fend pose of saying no. benefits this month—1.5 million by the for themselves without government I strongly urge my colleagues to sup- end of the year—we have to say yes to oversight or involvement. Those are port the unemployment extension leg- extending unemployment benefits. the same views that fought the New islation that is in front of us. There is We could recite the numbers all day. Deal. They fought against Social Secu- a sense of urgency. As I indicated be- We could hold up chart after chart rity and Medicare and civil rights. fore, we have a situation where we showing State by State the unemploy- They supported Reaganomics. They have over 148,000 people, just in the last ment figures. But as the Presiding Offi- told us the government was the prob- 3 weeks, who have lost unemployment cer knows, from his own comments on lem and Wall Street knows best. benefits—7,000 people, every day we de- the Senate floor, the numbers don’t I think history, especially recent his- bate this, every day it goes back to the tell us what this is all about. It is tory, has proven them wrong. Good, House, every day before it goes to the about people and their lives and their well-run, decent, honest government President. It is time to get this done. hopes, and the look on their faces when can be part of the solution. This is one Mr. President, I suggest the absence the bill comes due and the fear that of those times when it is government’s of a quorum. they could stand to lose everything. responsibility to act. Extending unem- The PRESIDING OFFICER (Mr. Everywhere I go, when I am back ployment insurance is what we, as re- CASEY). The clerk will call the roll. home, someone comes up to me and I sponsible government leaders, must do The bill clerk proceeded to call the see that look on their face. It is a look when there are those in the community roll. of panic. It is a look of anguish. They who have no other option. This is not a Mr. MENENDEZ. Mr. President, I ask lost their job after the holidays, their time to say no. To delay voting on this unanimous consent that the order for benefits are about to run out, they lost bill is to turn our backs on millions the quorum call be rescinded. their health care, they are behind on across this Nation who are still unem- The PRESIDING OFFICER. Without their mortgage, their husband or wife ployed and facing financial disaster. To objection, it is so ordered. is working two part-time jobs to try to look into their faces and say no is not Mr. MENENDEZ. Mr. President, I make up. The story of these troubled who we are as a people or what we come to the floor to talk about the times is not in the numbers, it is in the stand for as a nation. We are a commu- pending business before the Senate, the faces of those families who are looking nity, united by shared values and com- unemployment insurance extension, to us for help. mon concerns, not a nation of 300 mil- and I rise today to say that it should The numbers are significant, but lion disconnected individuals. The come as a surprise to no one that we they are merely a snapshot frozen in plight of any one of us should be a con- have a jobs crisis in America. To help time. The truth of joblessness in this cern to all of us. fix it in the short term, we need to ex- country is an ever-changing story of The Federal Government stepped in tend unemployment insurance benefits men and women who are one check at the right time to help companies we to help families who are suffering away from ruin—mothers and fathers determined were too big to fail—not for through the worst job market in many who have struggled all their lives to the sake of them failing but for the years, not obstruct and stonewall to make ends meet, who had a good job sake of what they would do to our na- tional economy. We said they were too score political points. for years, made a decent wage, then big to fail. I say the American people I sometimes wonder whether my col- saw 8 years of government policies that are too big to fail. Now we have to step leagues understand that people’s lives favored Wall Street over Main Street. in and help them. This is America. We are in the balance. It is not a time for They watched their companies do not let the situation get the best of political grandstanding, not a time to downsize for greater productivity and us. We take it as an opportunity, as once again say no—no to everything, send jobs overseas. They watched their Franklin Roosevelt did, to renew the no to the people who need help. This is friends being laid off. They went to bed promise of this Nation, to recommit not a time for amendments about at night praying that they would not ourselves to the concept and spirit of ACORN or E-Verify—amendments that be next, and then they got the news: community—one nation, indivisible. have been offered and voted on on the They were next. floor of the Senate time and time and Whether that means 20 more weeks of But they had hope because of the wis- Federal aid for those who still cannot time again. It is nice that those people dom of Franklin Roosevelt, who on Au- find a job, those who wake up every who offer them get their paychecks di- gust 14, 1935—74 years ago—signed into day with the want ads in one hand and rect deposited every 2 weeks. This is law the Social Security Act, which in- their resume in another trying to fig- not the time to offer those amend- cluded the first provisions for unem- ure out how they can match them up ments again after the job crisis this ad- ployment insurance. The Republican and get that job, or whether it is pro- ministration inherited. opposition in his day called him a so- viding incentives to home owners to Unemployment in New Jersey is at cialist and they tried everything they boost the economy, we have always 9.8 percent, just shy of double-digit un- could to stop the New Deal, notwith- risen to the challenge. We have done it employment, and the experts tell us it standing an economy in depression. before, and we can do it again. This is will get worse before it gets better. For F.D.R., the story was not in the our chance for each of us in this Cham- This is not the time to keep saying no, numbers, it was in the faces of the peo- ber to do what is right for every Amer- especially when we are trying to come ple in grainy black and white photo- ican who is looking to us for a little out of the policies of the last 8 years graphs, of bread lines and old women help and a little hope. It is not the that brought us to these present eco- selling apples on street corners. time to say no again. nomic circumstances, the policies of Today the faces of the unemployed I yield the floor and suggest the ab- the last administration that favored are no different. Their need for help is sence of a quorum. the bottom line over the lives of peo- the same, and our duty to provide it is The PRESIDING OFFICER (Mrs. ple—Wall Street over Main Street—and the same. HAGAN). The clerk will call the roll. sent millions of jobs overseas, leaving This is about them. It is about real The bill clerk proceeded to call the us vulnerable to any economic down- people who maybe, just maybe—if we roll. turn, let alone one as severe as the one have the will and the wisdom to do The PRESIDING OFFICER. The Sen- we were left with. what is obviously right sooner rather ator from Utah is recognized. When the economy sheds 263,000 jobs than later—will look across the kitch- Mr. BENNETT. Madam President, I in 1 month alone, it is a crisis. When en table tonight, knowing they are able ask unanimous consent that the order 14.9 million Americans are unem- to hold on just a little longer. for the quorum call be rescinded. ployed, and we know that there are I know there are those who have The PRESIDING OFFICER. Without only 3 million jobs available, it is not bought into the notion that govern- objection, it is so ordered.

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.021 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10810 CONGRESSIONAL RECORD — SENATE October 28, 2009 Mr. BENNETT. Madam President, I would say the corporation is under- small, but, once again, the reality has ask unanimous consent that I be al- water. been greater than the projection. lowed to proceed as in morning busi- As we begin to break this down, we There is one exception, and that is ness. realize that the Medicare liability is Medicare Part D, and that is the final The PRESIDING OFFICER. Without more than everything else put to- pair there. The red bar shows what was objection, it is so ordered. gether. The Medicare liability is more projected that Medicare Part D would HEALTH CARE REFORM than our personal debts, our share of cost and the green bar shows, almost Mr. BENNETT. Thank you, Madam the national debt, our share of State magically, this one costs less than the President. and local debts, and our share of Social projection. Why? We are in a time when we are talking Security. The Medicare liability is I wish to quote from an editorial in about money; we are talking about more than all of that put together. Is it the Wall Street Journal where they debt; we are talking about taxes; we any wonder, then, that the No. 1 issue quote from White House Budget Direc- are talking about stimulus; and we are we should be talking about when we tor Peter Orszag. Peter Orszag was the talking about health care. I wish to put are talking about health care is how to head of the Congressional Budget Of- the whole situation with respect to get the health care costs under control; fice at the time that cost projection money into some perspective. to use the terms that the budgeteers was made. This is what the Journal has Having been a businessman, I did my use, how to turn the cost curve down- to say: best to try to draw up a balance sheet ward on health care. We can talk about But as White House budget director Peter for the United States. This is a very earmarks. We can talk about spending Orszag told Congress when he ran the Con- simplified balance sheet. It is in sum- on appropriations bills. We can talk gressional Budget Office, the ‘‘primary mary numbers only. But by going to about holding down discretionary cause’’ of these cost savings is that— the Federal Reserve Board and the So- spending on other issues. All of those quoting from Orszag cial Security and Medicare trustees things are worth talking about, but the pricing is coming in better than antici- and the Census Bureau, I have come up they are dwarfed by the challenge of pated, and that is likely a reflection of the with the following balance sheet for turning down the cost curve on health competition that is occurring in the private citizens of the United States. care. market. We start out with assets and liabil- I have said this before, but it still I will repeat that: That is a reflection ities. These are personal assets and works: One of the statements that has of the competition that is occurring in personal liabilities. It is amazing to me gotten into American folklore is a the private market. that the number of household assets on statement attributed to Willie Sutton. The Journal goes on to point out a per-person basis is this high, but it is. Willie Sutton was a bank robber. Not something I recall, because I was here If you take all of the personal assets in very many people knew much about his during that debate. I was part of that the United States, lump them together, robbing banks, but he kept doing it. He debate. The Journal says: and then divide them by the number of would get arrested, he would get out on Liberal Democrats fought that private- people in the United States, you get parole or he would leave prison and he competition model (preferring government personal assets of $218,000 per person, would rob another bank. Finally some- drug price controls), just as they are trying and personal liabilities or household one said to him: Willie, why do you to prevent private health plans from com- keep robbing banks? He said: Because peting across state borders now. debt of only $45,000 per person. So the The lesson here is that spending on nearly balance sheet looks pretty good. that is where the money is. all federal benefit programs grows relent- However, as citizens of this country, If we are going to talk about the bal- lessly once they are established. This history we have debt beyond our personal debt. ance sheet that every American faces won’t stop Democrats bent on ramming their So when we add the national debt and in debt and debt obligations, we have entitlement into law. But every Member who each individual’s share of it to the bal- to talk about health care because that votes for it is guaranteeing larger deficits ance sheet, that adds an extra $37,982, is where the money is: more for health and higher taxes far into the future. Count so that the amount of debt goes up care liabilities than everything else on it. when you add each individual’s share of put together. The history of cost containment with the national debt. Let’s discuss this question of turning respect to health care is not a pleasant The national debt is not the only the cost curve down. How good a job one. The history of predicting what debt we have. Let’s add State and local have we done as a government in mak- health care will cost is not a pleasant government debt on a per-person basis, ing projections as to the cost of health one. The only example we have where and it goes up another $7,500. But that care? On the second chart, let’s look at costs have come in lower than pro- is not the only debt we have. We have the years and at the projections. In 1965 jected has been in that circumstance obligations, each one of us, with re- when Medicare was first proposed, we where competition in the private sec- spect to Social Security. There is a So- made a cost projection. We, the govern- tor has been protected. That has been cial Security liability and the present ment, made a cost projection as to how the core of the bill Senator RON WYDEN value of that Social Security liability much it would cost us, and that is rep- and I have introduced as the Healthy is another $17,251 per person. resented by that red bar there on that Americans Act: private competition All right. It still looks like a pretty chart. Then the actual numbers came absent a government plan. We look at good balance sheet. With the assets at in, and they are represented by the the history and see that will turn the $218,000, this is about half. But there green bar on the chart. Let’s look at cost curve down. That will begin to are two other liabilities we have to put 1965 Medicare hospital insurance. That save money. on the balance sheet. The first one is is a separate program. The cost projec- CBO examined our bill. Peter Orszag the present value of Medicare hospital tion is there in the red bar; the actual was the head of CBO when they looked insurance. Over the next 75 years, the figures that came in are in the green at our bill and said it is revenue neu- present value of that unfunded liability bar. In 1987, we added Medicaid, and the tral—that is a good start—and then is $43,616 per person, almost as much as Congress told the people: Medicaid likely to save money in the future. the total amount of debt that each one won’t cost much at all. You see, it is They didn’t put a number on it, but the of us has as an individual. Now the bal- hard to find even on the chart. The ac- Lewin Group has put a number on it ance sheet is looking a little scarier. tual cost was 17 times the projection and said that the Healthy Americans But we have one more item we have that was made. In 1988 we added Medi- Act, cosponsored by Senator WYDEN to put on the balance sheet, and that is care for home care. It was going to cost and myself, would save $1.3 trillion the present value of Medicare supple- a little more. Once again, the gap be- over the next 10 years. I don’t know mental medical insurance, and that is tween the red bar and the green bar—it whether that number is right or wrong. another $79,095 per person. So when you has always cost more. We did a little I do know. It is wrong. I don’t know add it all up, this is the balance sheet better with SCHIP, but SCHIP is still a how far wrong it is. But the point is it we are facing today: $218,000 in assets, relatively new program, created in demonstrates turning the cost curve and $231,000 in liabilities. If this were a 1997, so the disparity between the pro- down rather than turning the cost corporation with this balance sheet, we jection and the reality is relatively curve up. And that is what we have to

VerDate Nov 24 2008 23:39 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.023 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10811 do, as our balance sheet reminds us so I have one more comment to make next day or two on the unemployment dramatically. with respect to that. As I have worked extension is paramount. Let me talk briefly about the idea of with Senator WYDEN over the last 31⁄2 Some 400,000 Americans across the a government-run plan, a public op- years to try to understand this issue Nation, in every State—it doesn’t mat- tion, or whatever it is we want to call and come up with solutions to it that ter if it is JOHN MCCAIN’s State or it, as the way to turn the cost curve make marketplace sense rather than Barack Obama’s State or if it is a big down. Once again, the history of gov- political sense, I have come to a great or small State—400,000 Americans ex- ernment plans is not encouraging as truth that we don’t seem to be dis- hausted their Federal jobless benefits far as turning the cost curve down as cussing in this debate at all, and that last month. More than 14,000 Ohioans we look at Medicare and how little it is this: The greatest cost control factor are among the 200,000 Americans who was supposed to cost and how dramati- in health care is quality. The best will lose their benefits this month if we cally much it has cost. health care is the cheapest. And we don’t act. By the end of the year, more Let me quote Robert Samuelson from have built into the system now incen- than 64,000 Ohioans will exhaust their his column that appeared in the Wash- tives that drive us away from the best unemployment benefits if there is no ington Post recently: care. Most of the perverse incentives extension coming from the House, Sen- Medicare has low marketing costs because that drive us away from the best care ate, and the White House. Despite my it’s a monopoly. But a non-monopoly public and to the highest costs are in Medi- Republican colleagues’ efforts to dis- plan would have to sell itself and would care. They are in the Medicare system miss the statistics, these are not just incur higher marketing costs. Private insur- that has gone 10 times, 20 times above numbers; they are people in every ers’ profits (included in administrative costs) its original cost, and they are still State in our Nation. also explain some of Medicare’s cost ad- there, and the care they produce is less Let me tell you about some Ohioans vance. But profits represent only 3 percent of who deserve more consideration than the insurance industry’s revenue. Moreover, than the maximum care people can get when they go to the places that give us they are getting from my Republican accounting comparisons are misleading when colleagues. they don’t include the cost of Medicare’s the best health care. Sandra from Van Wert County in government-supplied investment capital. It is parochial for me to repeat this, western Ohio, on the Indiana border, but I am happy to do it on every occa- So we are trying to mix apples with wrote this in a letter: oranges when we say, look at the low sion. Dartmouth has done a study as to where the best care is available There were more than 300 of us who were administrative costs with Medicare and locked out of our factory in April 2008—only the high administrative costs with pri- throughout the United States, and they a handful getting new jobs. vate insurance. Medicare can do it said it is in three cities: Seattle, WA; Mr. President, this is a small town cheaper. Every projection about Medi- Rochester, MN; and Salt Lake City, where 300 jobs are very hard to replace. UT. And then they say that if every care doing it cheaper has demonstrated Several of us went back to school for more not to work out. American got his or her health care in education, but unfortunately, only one per- Samuelson says this: Salt Lake City, UT, it would be the son in our class has even gotten a job. The promise of the public plan is a mirage. best in the United States and one-third It is not that we are just sitting around Its political brilliance is to use free-market cheaper than the national average, and collecting unemployment. We are trying to rhetoric (more ‘‘choice’’ and ‘‘competition’’) that is because of a variety of reasons. improve our skills and to be gainfully em- to expand government power. But why would They practice the best health care, and ployed. a plan tied to Medicare control health spend- I had 30 years of employment at the same they have focused on outcomes rather company and now I am on my own and my ing, when Medicare hasn’t? than the kinds of perverse incentives . . . A favored public plan would probably unemployment runs out in 2 weeks. There doom today’s private insurance. that are built into government-run are a lot of people who are running out of un- programs. employment every day. I think that is true. That is one of We have a lot to do and a long time I have used all but $200 of my savings and the reasons I am opposed to that kind to go before this health care debate is I know others in the same situation. Please of thing. finished, but I hope we recognize that help us. Samuelson goes on to make this final hanging over us, regardless of every- I thought a lot about this issue as I comment: thing else we say with respect to read these letters in my office and on Many would say: Whoopee! Get rid of the health care, is the fiscal reality that the floor. Part of the problem is that sinister insurers. Bring on a single-payer our current value obligations for not very many colleagues really know system. But if that’s the agenda, why not de- health care dwarf every other debt we any unemployed workers. Not very bate it directly? It’s not insurers that cause many people here spend time as a sin- high health cost; they’re simply the middle- have in the United States. Personal household debt, the national debt, gle parent trying to make ends meet or men. It’s the fragmented delivery system spend time with somebody who is laid and open-ended reimbursement. Would strict State and local debt, and Social Secu- regulation of doctors, hospitals and patients rity debt all put together do not add up off because of a plant closing. We don’t under a single-payer system provide control? to the amount of health care debt we spend enough time with small business Or would genuine competition among health are facing. owners, with a mom-and-pop operation, plans over price and quality work better? The challenge of turning the cost maybe running a store or something, That’s the debate we need. curve on health care down is the No. 1 and they cannot make it because peo- I agree. That is the debate we need. issue we should be addressing as we are ple have lost jobs in their community. That is the debate that focuses on, how talking about this. The irony of it is, if We don’t spend our time with people do you get this cost curve under con- we are successful based on what we who are really suffering. We don’t see trol? How do you start to turn it down? know, we can get the cost curve down them enough. Let me tell you about Dawn from How do you get the kind of score that and produce a better health care out- Cuyahoga County in northeastern Senator WYDEN and I have gotten from come and result. CBO that says our plan is revenue neu- I yield the floor. Ohio, the Cleveland area. She wrote: tral and that others say will save $1.3 The PRESIDING OFFICER. The Sen- I lost my job two years ago and my mother trillion over the next 10 years, com- ator from Ohio is recognized. passed away 6 months afterward. If not for a pared to the cost history of govern- friend who allows me to sleep on a couch, I Mr. BROWN. Madam President, I ask would be homeless. ment-run plans that say they are only unanimous consent to speak for 10 min- I have worked hard ever since I was 15, but going to cost this much and end up utes as in morning business. now I find myself applying for so many posi- costing that much and driving us to The PRESIDING OFFICER. Without tions over and over. this kind of present value liability— objection, it is so ordered. I consider myself lucky when I get the ex- twice as much as everything else put Mr. BROWN. Madam President, I will ceedingly rare call for an interview. But if together. That is a staggering thing to talk about the extension of unemploy- the proposed [unemployment] extension contemplate, but that brings us back ment benefits, which is as important as doesn’t pass soon, I honestly don’t know how I’ll survive. to what I said in the beginning. The health care in the next 2 months to Please, Senator, make whoever’s blocking core of this debate should be focused on this country, to our economy, and to this extension see reason. There are a lot of how we turn the cost curve down. people’s way of life. What we do in the us in Ohio who are really hurting.

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.024 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10812 CONGRESSIONAL RECORD — SENATE October 28, 2009 I know there are a lot of people in have been lost without unemployment The PRESIDING OFFICER. The Charlotte, Raleigh, and Durham in the insurance putting dollars into workers’ clerk will call the roll. Presiding officer’s State and in Galion, pockets, into local communities, boost- The assistant legislative clerk pro- Zanesville, and Xenia in my State who ing consumption, and saving jobs. ceeded to call the roll. are trying to find jobs. They are barely How much longer are we going to let Mr. DURBIN. Mr. President, I ask getting along on their unemployment people like Melody, from Geurnsey unanimous consent the order for the checks. If the unemployment runs out, County in east central Ohio, go with- quorum call be rescinded. they cannot get anything. It has to be out the insurance they so desperately The PRESIDING OFFICER (Mr. extended before it runs out. That is need. BURRIS). Without objection, it is so or- why time is of the essence. Melody wrote to me saying: dered. Every day Republicans delay and ob- We need help in Guernsey County and all Mr. DURBIN. Mr. President, I ask struct, more Americans and their fami- around Ohio. unanimous consent to speak as in lies will slip into poverty. It is not just I look for work every week, traveling 75 to morning business. 100 miles, going to counties in every direc- The PRESIDING OFFICER. Without a human tragedy, it is another blow to tion from Noble, Belmont, Muskingum, Har- the tough economy this country is en- rison, Washington, Coshocton, and Licking. objection, it is so ordered. Mr. DURBIN. Mr. President, 3 weeks during. Poverty reduces consumer She goes to that entire area where ago we came to the floor of the Senate spending and increases the need for she lives looking for a job. and asked our Republican colleagues to public assistance. That is two steps And after making phone calls, I’ve been back without one step forward. told not to call back because there are no join us in a bipartisan effort to extend Let’s not forget that unemployment jobs. unemployment compensation benefits insurance is not retroactive. As I said a My unemployment is running out. What for those across America who have lost minute ago, once unemployment insur- am I supposed to do until I find a job? their jobs. This fairly routine and com- ance is exhausted, whether today or Again, that is Melody from Guernsey mon political request was met with op- last week or last month, they are not County. position from the Republican side. It eligible for the extension. So we have It is unacceptable, irresponsible, and came as a surprise because we know to do this. Every day we wait hurts an- par for the course that the Republicans the unemployment we face in this other hundreds and hundreds of fami- want to play politics and come up with country is not confined to States rep- lies in Ohio and North Carolina and all amendments that don’t have anything resented by Democratic Senators, it is over this country. to do with extending unemployment nationwide. The recession has cost us The Senate bill would extend unem- benefits, but it helps them with mes- so many jobs and, sadly, I am afraid ployment insurance for 14 weeks in all saging for the next election and scores that, although there are signs of recov- States, plus an additional 6 weeks in political points with the newspapers ery, it will be some time before many high-unemployment States—those back home and scores big political unemployed people actually do get States above 8.5 percent unemploy- points with talk radio, which cheers back to work. ment, such as Ohio. This means unem- them on and says: Keep trying to em- It is said there are six unemployed ployed workers in Ohio, such as Sandra barrass the Democrats. people for every available job. The and Dawn, whose letters I shared, The fact is, these workers at home frustration that creates for those who would receive a total of 20 weeks’ addi- are not Democratic workers, they are are unemployed is obvious. So the ob- tional unemployment compensation. not Republican workers, they are not ject of our request was to ask our Re- They are not choosing to just sit home Independent workers. These are people publican colleagues to join us in ex- and get unemployment. As you can see who have lost their jobs. These are peo- tending unemployment insurance bene- from some of the letters, people are ple who need assistance. These are peo- fits for those who are about to see driving from rural areas, driving coun- ple who want to go back to work. them expire. ty by county, to urban areas, knocking These are people who will benefit not Unfortunately, the Republican side on doors over and over to find jobs. just from the unemployment check objected, and they objected because The unemployment insurance in the they get to keep their heads above they said they wanted to offer some Recovery Act has kept 800,000 people water but the money they put into the amendments. It is not unusual to offer out of poverty. That means fewer community so there will be job growth an amendment to anything that comes Americans on Medicaid, fewer Ameri- in the months ahead, and the people to the Senate floor, but in the case of cans with income assistance, food will, in fact, get back to work so they an emergency such as this, an eco- stamps, and other public assistance will not need their unemployment ben- nomic emergency where people have, programs. This isn’t welfare; this is an efits. within the last few weeks or months, insurance policy. Every paycheck, We need our Republican colleagues to seen their livelihood extinguished be- workers pay something into the insur- start putting Americans first, ahead of cause they have no job and no benefits their reelection campaigns, ahead of ance fund. coming in, it is a little hard to under- their message campaigns, ahead of It is not just what it does to help stand why some Members on the Re- their appeals to talk radio, and start workers, but every dollar in Federal publican side of the aisle insist on of- helping to move us forward on the ex- extended benefits produces $1.64 in eco- fering amendments that have virtually tension of unemployment benefits not nomic growth. It is not as if they are nothing to do with unemployment. taking this money, this check of $200 tomorrow, not next week but this Let me give one example. The Sen- or $300 a week in unemployment bene- afternoon. ator from Louisiana wants to offer an I yield the floor. fits, and investing in a factory in THE PRESIDING OFFICER. The amendment that would, once again, China. It is not as if they are blowing Senator from Delaware is recognized. punish an organization known as this money. They are using this money Mr. KAUFMAN. Madam President, I ACORN. ACORN is not in Illinois—it to buy school clothes for their kids, to ask unanimous consent to speak as in has not been for many years—so I don’t buy food, maybe even to go to a movie morning business. know on a personal basis, but from once every month or two. Maybe they The PRESIDING OFFICER. Without what I read, it is an organization in- are putting a little money in the objection, it is so ordered. volved in grassroots organizing. It church plate. Whatever they are doing, The Senator from Delaware is recog- helps organize States to pass increases they are spending this money, not nized. in the minimum wage in each State. holding it. That is why it is $1.64 in (The remarks of Mr. KAUFMAN per- They have also organized to register economic growth with every dollar we taining to the introduction of S. 1959 voters in many States. They have been send into a community. In the first 6 are printed in today’s RECORD under involved in counseling people who are months following passage of the Recov- ‘‘Statements on Introduced Bills and about to lose their homes to avoid fore- ery Act, unemployment insurance Joint Resolutions.’’) closure. pumped about $19 billion into the econ- Mr. KAUFMAN. Madam President, I Having said those good things, there omy. I wonder how many jobs and how yield the floor, and I suggest the ab- were clearly acts of wrongdoing by em- much more economic activity would sence of a quorum. ployees of ACORN. In fact, a couple

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.025 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10813 were videotaped. What we saw on those to obstruct a vote to extend the bene- moving to the extension of unemploy- videotapes, a few weeks ago, was noth- fits. To put it in perspective, around ment benefits. In case some of those ing short of outrageous. The employees 200,000 people live in Birmingham, AL, Senators missed it, here are the unem- involved were fired by ACORN. I have and in Montgomery and in Mobile. The ployment rates in the States rep- suggested, if there is any criminal ac- Republicans are refusing to help rough- resented by the Republicans who voted tivity associated with it, it should be ly the number of people who live in the against even debating an extension of investigated and prosecuted, no ifs, three biggest cities in that State, all unemployment insurance: Texas, 8.2 ands or buts. But, unfortunately, this because a Senator wants to vote to ex- percent; Mississippi, 9.2 percent; Mis- has become a big cause on rightwing tend, permanently, the E-Verify Pro- souri, 9.5 percent; Alabama, 10.7 per- radio and TV: go after ACORN. Some gram. cent; Kentucky, 10.9 percent; South Senators are inspired by that to come Around 200,000 people live in Baton Carolina, 11.6 percent. I don’t under- to the floor on a frequent basis and Rouge, LA, and in Shreveport as well. stand it. How could you represent a offer ACORN amendments—one after Republicans are refusing to help rough- State with over 10 percent unemploy- another after another. We think some ly the number of people who live in ment and vote against unemployment four or five different amendments have those two biggest cities in Louisiana benefits for the people there who are been offered, ways of punishing outside New Orleans, all because the searching for jobs? That, to me, does ACORN. Senator from Louisiana wants one not represent family values. It doesn’t The House has already passed an more chance to give one more speech represent what this Senate ought to be amendment saying ACORN cannot do for one more amendment about about. For goodness’ sake, it doesn’t business with the Federal Government. ACORN. Yes, one more. represent the kind of bipartisanship There have been amendments offered— Meanwhile, here is what I learned that was always behind voting for un- I have offered one of them—calling for from one of my constituents in Chicago employment benefits. a complete investigation of the organi- who wrote and said: This Republican obstruction, when it zation. Other appropriations bills have I have been out of work 9 of the last 12 comes to something this basic, is fun- limited any expenditures involving this months. I have applied for over 200 jobs and damentally unfair. It is way past time. organization. So it is not as if it has I still am unemployed. I am educated, We should not be playing games and been ignored or glossed over or excuses worked since I was 15 years old and cannot posturing. We ought to stop the poli- are being made. There is a full inves- find work. I have applied for everything from tics. We ought to be voting in the next hourly to above my skill level including city tigation being ordered, action taken 5 minutes so we can respond to the peo- against it. and state jobs and have not heard from most. Further, Peoples Gas cut off my service ple who write to us in desperation and But for some Senators, particularly this week—for months I have let them know tell them, in fact, we are moving the one from Louisiana, it is not enough. what I was able to pay and have paid it, they bill forward so they will have the ba- We have to go back and debate ACORN still cut off my service. What are we citizens sics in life to take care of their fami- again. We have to debate it on a bill for to do. . . . lies. unemployment benefits for hundreds of My son and I will be living on the street HEALTH CARE thousands of Americans. any day. Where is the help? I also wish to say a word or two Another Senator wants to extend a That is from one of my writers from about health care because that is the program called E-Verify. E-Verify, con- Chicago. Here is a letter from a woman issue that, while we work on others, is ceptually, is sound; that is, you could in Genoa, IL. coming to the floor soon for a historic verify whether a person applying for . . . I am currently one of many who is un- debate. Senator REID, the Democratic employment is, in fact, a citizen; that employed and almost out of benefits. I have you could have a number or computer 2 young children I am responsible for and majority leader, has sent a bill to the contact verifying the name and Social have made a full time effort to look for Congressional Budget Office to score it, Security number of the person. It is work. I have applied at gas stations, McDon- which basically means to find out will sound in principle, but it turns out in ald’s, restaurants, everywhere. There are it cost us money. If so, will it add to operation it has been a problem. Many just no jobs. Can you please tell me if the the deficit? Will it reduce the costs of Senate will be voting on the extension [of health care? The Congressional Budget times, the numbers have not matched unemployment benefits] sometime soon? I when they should have, people have Office is doing that analysis at this am expecting my last check next week and current time. been disqualified from jobs when they then I don’t know what I am going to do should not have been, and the system about keeping a roof over mine and my chil- It is clear we desperately need this clearly needs to be repaired and im- dren’s heads. because we find fewer and fewer busi- proved. It will last for 3 more years, Please help us from becoming homeless. nesses offering health insurance across this system, if we do nothing. A Sen- Any kind of response on this issue would be America, and the cost of health insur- ator from Alabama has come to the greatly appreciated. Thank you. ance is going up so fast people cannot floor and said he wants to make this a How can my colleagues on the Repub- afford it. The New York Times reported permanent program, despite some of lican side hear stories like that, if they that insurance brokers and benefits the obstacles and problems we cur- are even listening to these unemployed consultants say small business clients rently have with it. people, and refuse to help so they can are going to see premiums go up on So a Senator from Louisiana wants come to the floor and debate their health insurance an average of about 15 to flog ACORN, this organization, amendments? For goodness’ sake, to- percent for the coming year. That is again; a Senator from Alabama wants morrow is another day. There will be double the rate of last year’s increase. to extend a law beyond the 3 years it is another chance to give a speech and de- When Republican Senators come to the going to be in existence to make it per- bate an amendment. Why wouldn’t you floor—and they did this morning—and manent; and they are holding up unem- let the unemployment compensation say: Let me tell you, if you pass health ployment benefits for people all across benefits go forward for people such as care reform, the cost of health insur- America. We are now doing nothing in those who have written to me? The un- ance will go up, what they don’t say is, the Senate except making speeches be- employment rate in my State is 10.5 if you don’t pass health care reform, cause these Senators insist on their percent, and I think it is my duty to health insurance costs will go up any- amendments and will not agree to un- help these people with a safety net that way and possibly higher. What we are employment benefits until they get will help them get by while they are trying to do is slow the rate of growth them. just one out of six applicants for every in the cost of health care across Amer- Twenty-one days after we requested available job. While they struggle to ica. an extension of unemployment bene- keep food on the table and a roof over In one national survey, nearly three- fits, the Republican Senators and lead- their heads, we ought to be doing our quarters of small businesses that did ership are continuing to hold us up. part in the Senate. not offer benefits cited high premiums Two hundred thousand Americans will Apparently, yesterday when we voted as the reason. So as the premium costs lose their unemployment insurance to go to the unemployment benefits, 13 go up and businesses offer less cov- this month if the Republicans continue Republican Senators voted no, against erage, individuals have to go out on

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I joined with Sen- refunded the $2,000 she had already paid The bottom line is this: We have a ator BLANCHE LAMBERT LINCOLN of Ar- in premiums; they just cut her off. health care reform bill that is now kansas as well as Senators SNOWE and Suddenly, she became one of the unin- being carefully reviewed, as it should COLLINS of Maine in introducing the sured, a cancer survivor without insur- be. It is one we will debate at length. SHOP bill, which has become part of ance. The critics will come to the floor, as the health care reform. She had one last option: the Illinois they did this morning, and will tell us It is an effort which we put together Comprehensive Health Insurance Plan, what is wrong with the bill. But the with the help of the National Federa- our State’s high-risk pool, a pool for fact of life is, those who are criticizing tion of Independent Businesses and the those individuals unable to buy health the bill have no alternative. Their al- National Realtors Association and the insurance otherwise. But the coverage ternative is to stay with the current SEIU labor union to try to find a way would not come cheap; it would cost system. that small businesses could afford her $780 a month, plus a $2,000 deduct- The current system of health care in health insurance, allow them to pool ible—a price she had no choice but to America is too expensive, the cost is into larger groups, allow them to shop pay. As she waited for her coverage to going up too quickly, fewer and fewer from a market of health insurers so be finalized, she put off checkups and people are insured each year, and more they would have some choice to lower CAT scans. It was risky, but, as she of us are bearing the costs of the in- the cost, the overhead costs they face, said: I did not want to drag myself and sured as they are treated in hospitals and to lower the premium costs, so my family into bankruptcy. Those ap- and by doctors who pass along that small businesses could offer health in- parently were the choices: go to the cost to other people. surance. doctor or face bankruptcy—not much We are the victims of health insur- But it is not just small businesses of a choice in modern-day America. ance companies which on a whim can that are stuck. Many Americans actu- We know health care costs are a deny coverage, can claim there was a ally stay in jobs today because they major factor in two out of three bank- preexisting condition unreported or a are afraid that if they move from one ruptcies in our country today. How cap on the amount of money they will job to another, they will lose their many families can even entertain the pay, or the fact that you are sick, they health insurance. Even business own- idea of paying $25,000 a month for just do not want to be there. That is ers, the risk takers among us who have chemotherapy? Not many. And none of the reality of what we face today. so often led us out of the recession, are us should ever be in a position where Those on the other side of the aisle less willing to take that risk when it professional growth is not an option who will not participate have opted out comes to people who are sick and need because it means giving up health care of the health care debate and really employment. coverage. have little room to criticize unless Melissa Wilhelm in Chicago knows Melissa said: People do not have the they want to step forward with their what I am talking about. Melissa spent ability to leave their jobs. They cannot own proposal and their own plan. And years as a research associate, then de- afford to be more productive or more the honest answer is, they don’t have cided it was time for a change in her challenged. That is not the American one. They don’t have an answer. professional life. She felt she had out- spirit. And Melissa is right. I hear from many of my constituents grown the position she was in. She Melissa was living the American who ask me what we are going to do to said: I did not want to put the widget dream, pursuing new goals and oppor- get this economy moving again. That in the hole every day. tunities with the entrepreneurial spirit is our highest priority. But in addition Melissa had good reason to want the we need in this country. But she was to that we have to liberate families and most out of each day. Only a couple of stopped—stopped cold because of her businesses and individuals from the years earlier, at the age of 35, Melissa lack of health insurance. fear they have of health insurance they had been diagnosed with stage IV Melissa eventually succeeded and can’t afford, health insurance compa- lymphoma, an aggressive type of can- started her business as an educational nies that just say no, or the fact that cer that affects the lymph nodes. As consultant. She is currently helping losing or changing a job can cost them frightening as her diagnosis was, one evaluate Chicago public schools at risk the peace of mind they need to protect thing Melissa did not worry about was of failure and developing good prac- their families. how she was going to pay for her can- tices so that students can do better. We can do a lot more for the Amer- cer treatment. She had a good health With a Ph.D. in child development pol- ican people. I hope we will have the co- insurance policy. In fact, she had two, icy, Melissa is certainly up to the task. operation of the Republican side in one through her employer and another I think we can use more people like doing this. It would be great if we had one through her graduate school. her, determined to improve their lives a bipartisan bill. I hope my colleagues In 2006, thank God, Melissa went into even though they have to battle cancer on the other side of the aisle will come remission. It was after her recovery and the health insurance companies at around and be part of the solution. that Melissa decided it was the time the same time. Health care reform will I yield the floor. for a career change. She wanted to free more people to leave dead-end or The PRESIDING OFFICER. The Sen- start her own education consulting unfulfilling jobs and to pursue new ator from New York. company. goals without fear of becoming unin- Mr. SCHUMER. Mr. President, first Knowing her medical history, she sured. let me thank my colleague and friend knew her first step was to meet with a Today, many of the unemployed from Illinois for, as usual, his articu- health insurance agent. Melissa said spend countless hours trolling job late, right-on-the-money and right-to- the agent actually laughed in her face. sites, motivated at least in part by the the-point remarks which I agree with. Getting affordable health insurance as desperate need for health care. What if Right now, many middle-class fami- a self-employed cancer survivor is ap- these people had a safety net, a health lies are facing the prospect of losing parently a laughable request in the care option outside of employer-pro- the unemployment benefits they are world of insurance. Melissa was not vided health care? Maybe, like Melissa, relying on to get them through this re- alarmed at that point. She qualified for they would strike out on their own, cession. Out-of-work Americans con- 18 months of COBRA coverage and as- open the restaurant or the business sider these benefits a lifeline. But too sumed she would have enough time to they always wanted to open. Maybe many Republicans are treating this shop around. But a couple of months those businesses would grow, employ like a political football. If Congress later, she came home from vacation to more people. does not act to extend these benefits, bad news: her COBRA insurance had It is clear that small businesses suf- nearly 2 million Americans will lose been terminated. She apparently fer in today’s health insurance market their unemployment insurance by the

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.028 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10815 end of the year—2 million. They have The PRESIDING OFFICER. Without badly needed lifeline to those Ameri- families, people who depend on them. objection, it is so ordered. cans, and I would hope at some point And 90,000 of those are in my home Mr. WHITEHOUSE. I rise today to our Republican colleagues would relent State of New York. That is 2 million join my distinguished colleague from and simply let us make this decision, people—90,000 in New York—who have New York, Senator SCHUMER, to ex- which is in everyone’s best interest. It been trying to find work and are now press my strong support for extending is inhumane, frankly, to put those fam- going to have their safety net pulled unemployment benefits for workers ilies—7,000 a day—through the torment out from under them. Well, we cannot around this country who continue their of coming to the end of their income pull the rug out from under so many struggle to find jobs in this weak econ- and having to think about losing their Americans. We owe it to them to do omy. houses, losing their cars, not paying the right thing and extend unemploy- The problem is especially acute in for their prescriptions, not paying for ment insurance. my home State of Rhode Island, but their food, worrying about their chil- It is a mystery to me why so many this is a national problem, and it is dren—all of that. That is an awfully on the other side of the aisle are block- creating significant unhappiness, sig- high price to score political points on nificant distress, and significant woe in ing passage of this legislation. Every- this floor and to be the party of slow families all around the country as they where I go in New York—downstate, and the party of no. I would hope their approach the end of their unemploy- upstate, large cities, urban suburbs, point of view will change. ment benefits and cannot find a job. rural areas—people come up to me with I want to, first, applaud the efforts of And the end is coming up for so many a pleading look in their eyes: Can you my senior Senator from Rhode Island, people. We really need to do something please renew, extend unemployment JACK REED. He has long been a cham- about it. benefits? Right now, we are on a motion to pion of helping the unemployed, and he What in the heck are we waiting for? proceed to the Unemployment Com- has played a critical role in getting Why are we putting people through pensation Extension Act of 2009. We are this legislation to the floor for the Sen- this agony? So far, Republicans have not actually on the bill yet because our ate’s consideration. Notwithstanding been opposed to this extension as they colleagues on the other side of the aisle the fact that our Republican colleagues seek to extract political amendments are using every available form of pro- are interfering with allowing us to pass out of Leader REID. It is just another cedural delay. It is not hard to figure this legislation, Senator REED’s leader- example—the latest one—of a stalling out why they are doing it. There are ship on this issue has been remarkable, strategy. On one legislative priority only so many days in the year. There has been commendable, and we in after another, their motto has been the are only so many days the Senate can Rhode Island are fortunate to have his 1980s slogan ‘‘Just say no.’’ But if there be in session. And when they force service. is one thing this recession and budding these votes and when they force delays, One of the reasons Senator REED is so recovery has taught us, it is that what they are doing is burning the concerned about this is because our America can’t recover leaving behind work time of the Senate. They would home State—the State of Rhode Is- our workforce. like to burn the work time of the Sen- land—has the third highest unemploy- There is a general view that since ate because that inhibits the President, ment rate in the Nation. We broke 13 much of the first stimulus package has that inhibits us, it inhibits progress, percent last month. That is the highest not yet impacted the economy, a sec- and that presently is their motivation. level Rhode Island has seen for unem- ond one is not necessary. But unem- They are the party of no. And because ployment since World War II. ployment benefits are the quickest, they do not have the votes for a lot of According to the Bureau of Labor most effective form of economic stim- this stuff, until they can get to it, they Statistics, over 74,000 Rhode Islanders ulus, and they are aimed at the weak are the party of slow. And we have had are currently looking for work. There point of this economic recovery, which innumerable—I think the record right are 74,000 families with a wage earner is jobs. The dollars get out the door now is that we are at 82 efforts—to fili- out of work in a State with just over 1 fast and will be spent by those who buster or force the majority leader to million people. At that level, there are don’t have another source of income at file cloture. We have had votes forced very few Rhode Islanders who are not a time when we need to boost consumer on judges. Some of the judges went touched in some way by our unemploy- demand. through with huge margins by the time ment crisis. So I plead with my colleagues on the the vote actually came, but they want- Families are struggling through this other side of the aisle: Stop playing the ed to burn the time. Indeed, as the Pre- recession in every State, but the situa- games, and let’s just pass unemploy- siding Officer, the distinguished Sen- tion is particularly dire in States such ment insurance. I know there are lots ator from Illinois, may recall, the as Rhode Island, Michigan, and Nevada of extraneous amendments on all kinds other day we voted on a judge, and the where the unemployment level has hit of issues that you wish to debate. Lead- vote was 100 to 0. Yet they had to force double digits and is climbing still. Peo- er REID has been very generous in al- a vote. Why? To burn the time of the ple who have worked their entire lives lowing debate after debate on these Senate to prevent progress. have been unable to find work this amendments, much to the chagrin, This should be one bill where they year. The economies of the worst hit frankly, of many on this side of the would stand down from their mission States are getting worse, and the un- aisle. This is one time when we should to be the party of no and the party of employment benefits continue to run put the games aside. We should just slow. Because since October 8—when out. unite. My guess is that unemployment they first put up the procedural obsta- I have heard from hundreds of con- insurance extension will get a large cles to this bill—to now, 7,000 Ameri- stituents who fear they will be unable high vote on both sides of the aisle. cans a day have lost their coverage. to keep their families fed or keep the Stop playing politics with this benefit They have come to the end of their un- electricity on or keep up with their extension. Extending unemployment employment coverage. It has expired, prescription drugs when their unem- benefits is crucial to ensuring that as and they have lost their incomes. ployment benefits expire. My State is our economy picks back up we do not As the Senator from Illinois, the dis- in economic crisis, and we need help. leave the recession’s victims in the tinguished Presiding Officer, so dis- One of my constituents, Carole, from dust. tinctly knows, there are millions and Centerdale has degrees in architecture I yield the floor, and I suggest the ab- millions of families in this country and business, but she has been unable sence of a quorum. who live paycheck to paycheck and to find work for 18 months. She has two The PRESIDING OFFICER. The when they lose their jobs, they live un- children. They are 12 and 15. Her unem- clerk will call the roll. employment check to unemployment ployment benefits have run out. With- The bill clerk proceeded to call the check while they desperately seek out more help, she may lose her home. roll. work to feed their families and put a I send out my good wishes to Carole Mr. WHITEHOUSE. I ask unanimous roof over their heads. and my thoughts to her for a complete consent that the order for the quorum This bill—if we could get to it, and if recovery. She has recently suffered a call be rescinded. we could vote on it—would provide a heart attack. She is recovering nicely,

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.030 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10816 CONGRESSIONAL RECORD — SENATE October 28, 2009 and I wish her well in her health. But He pointed out that the majority portunity to offer any amendments, I we could do a lot for her if we could leader believed it was necessary to cut would ask my colleague? Then I have a clear this bill so she did not have to off debate 82 times; that was a record. follow-up question. look at her 12-year-old and her 15-year- I do not believe I would be bragging Mr. ALEXANDER. Mr. President, I old and, in this market, say: I don’t about that. This is the Senate. What ask unanimous consent that the Sen- know where our income is coming from that means is the majority leader has ator from Arizona and I be allowed to now because this government cut off said to the minority: Be quiet. Don’t engage in a colloquy on this subject. the unemployment benefits. debate. We don’t want your amend- The PRESIDING OFFICER. Without Another constituent is Patricia. She ments—82 times. objection, it is so ordered. is a 51-year-old woman from Warwick. The House of Representatives is the Mr. ALEXANDER. I believe the an- She has been unemployed for 17 place where we have the train that swer is no. If I am not mistaken—if I months. She spends over $300 a month runs through according to the major- am not mistaken—I say to my friend for her prescriptions, and she can no ity. That is not the Senate. Senator from Arizona, the Democratic side has longer afford to keep up the COBRA BYRD, the senior Democrat, the senior a nongermane amendment they would payments that will protect her if she Senator, has written four big volumes like the Senate to bring up, and I be- gets seriously ill. Without assistance, about the history of this body and what lieve the Republican side has a non- she may need to go into bankruptcy. is unique about the Senate. Our Found- germane amendment we would like to I tell just these two stories, although ers said: We will have one popular body bring up. They are saying: Because we there are thousands more from those where there is one man one vote, one are in the majority, we are going to 74,000 Rhode Island families, because woman one vote, and whoever has the run over you. That is the tyranny of the statistics are sobering—13 percent majority the train runs through. So the majority. That is what Alexis de unemployment, the highest level since whatever Speaker PELOSI wants, Tocqueville warned against, and we are World War II. That is a deeply dis- Speaker PELOSI gets. That was the saying: No, you are not. We are elected tressing statistic. But behind those view of the Founders more than two from Arizona and Tennessee to rep- statistics are these personal stories, centuries ago. But we are going to have resent our constituents. If you are over and over again, thousands of ex- a little bit different Senate. going to run over us, we might as well amples of human suffering, human Do you know what the idea of the go home. courage, that we must not ignore as we Founders was, the Founders, whom we Mr. KYL. Mr. President, if I could quarrel over irrelevant amendments revere and admire? Unlimited debate. further inquire of my colleague, is it and do not get to the business of help- Unlimited amendment. That is the not the Senator’s understanding that ing these people in their hour of need. Senate. That is the only reason we of all of the issues the American people I am pleased that in addition to the have it. There is no need for the Senate are concerned about today, the No. 1 14 weeks of benefits this legislation if we do not have that. issue is jobs and economic recovery— would provide to unemployed workers When Alexis de Tocqueville, the how do they get back to work? in all States, workers in States with young Frenchman, came to this coun- When our friends from the Demo- the worst job markets would receive an try in the 1830s and wandered around cratic side say: We need to hurry up additional 6 weeks. That additional our Nation and wrote that perceptive and extend unemployment compensa- time is desperately needed by Rhode Is- book, ‘‘Democracy in America,’’ which tion, my guess is the vote on that will landers, who, day after day, week after every serious student of the American be overwhelming. I will support it. I week, pore through the want ads look- Constitution in our country discovers, am sure my colleague will support it. ing for the job postings and hoping he saw one thing he worried most That is not the question. The question that the next interview will be the one about in the new American democracy, is, Instead of just continuing to extend that puts them back on their feet and it was, in his words, the tyranny of unemployment compensation for all of again. the majority. He said the Senate was the increased number of Americans I am confident the economy of Rhode the one institution which helped work who are out of work, what are we going Island and the economy across the against the tyranny of the majority. to do to put people back to work? country will recover. It always does. So this is the body that protects the Then I have one other question to But right now it looks as though it will minority view. It does slow things ask my colleague. I may not be correct take time. Economists say the stock down. In the case we are talking about, that it is the No. 1 issue in public opin- market tends to be a leading indicator unemployment compensation, we have ion surveys, but I recall it is pretty of recovery, while employment num- already voted to limit debate on unem- high on the list. bers are lagging indicators of recovery. ployment compensation. That is what Mr. ALEXANDER. Mr. President, I This means the recent uptick in the we are talking about today. think the Senator is exactly right, and stock market should lead to more jobs I see the Republican whip on the Sen- we on the Republican side—and I be- being available in the future. But until ate floor. As I recall, the vote to limit lieve some Democrats do as well—have then, unemployed Rhode Islanders such debate on unemployment compensa- some proposals about how to restart as Carole and Patricia, unemployed tion was overwhelmingly bipartisan, housing. We would like to deal with Americans across our country, need was it not? that on this issue as well. But the Sen- their government to help provide the Mr. KYL. Mr. President, could I just ator is exactly correct. The No. 1 issue bridge to those better days. interrupt? for most Americans is what to do about I implore my colleagues to join me in Mr. ALEXANDER. Of course. jobs. Unemployment is about at the supporting swift passage of this ur- The PRESIDING OFFICER. The Sen- rate of 10 percent. gently needed and—I hope once we cut ator from Arizona. Mr. KYL. Mr. President, if I could through the fuss—ultimately non- Mr. KYL. Thank you. further inquire, the first thing we want controversial unemployment benefits To answer my colleague quickly, I to do is find out how much this unem- extension. think the vote was 87 to 13, or in that ployment extension is going to cost. I I thank the Presiding Officer and general range. Almost all Republicans think the number is about $2.4 billion. yield the floor. voted to conclude the unemployment The second thing we want to find out The PRESIDING OFFICER. The Sen- compensation legislation by getting to is, how is it going to be paid for? I un- ator from Tennessee. the process where we could offer derstand it is proposed to be paid for by Mr. ALEXANDER. Mr. President, I amendments and then have a vote on a continuation of a tax on payroll; that enjoyed the comments of the distin- the final passage. is to say, employers and employees will guished Senator from Rhode Island. He But I would ask my colleague from have to pay a certain percentage of the is one of the most thoughtful and intel- Tennessee, have Republicans been af- employee’s wage to the Federal Gov- ligent Members of the Senate. I always forded the opportunity to offer five ernment in order to provide funds to enjoy listening to him. But I have a amendments? How about four amend- those who are unemployed. different characterization of what we ments, three, two, one? Obviously not. Some of us are concerned if our goal are doing in the Senate. Have Republicans been afforded the op- is to put people back to work, to allow

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.031 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10817 companies to hire more people, that onto the floor a bill that around here important point. I think Americans the worst thing we would want to do is was called the ‘‘doc fix’’—a most unfor- very much want to engage in a debate impose another tax on hiring, another tunate term—a bill that was going to about health care reform. I think Re- tax on employees or, to be totally ac- add $250 billion to our debt in relation- publicans are anxious to engage in that curate, to extend the existing tax on ship to the reimbursement of physi- debate here on the Senate floor. But, workers, on payroll, as a way of paying cians who provide Medicare benefits. first you have to have a bill. You can’t for the extension of unemployment The minority didn’t do that. Repub- just have a debate on the floor; you benefits. Perhaps a better way to pay licans didn’t do that. have to have a bill you are debating. for that would be, for example, to take My point is that a week ago we could We are told there is a bill. It was the $2.4 billion out of unspent and un- have had an agreement to conclude written in the majority leader’s office obligated stimulus funds, which was work on the extension of unemploy- with some people from the White House $780-some billion, half of which is not ment benefits that would have taken and a couple of other Democratic Sen- going to be spent for the next 8 years— maybe 24 hours, maybe 48 at the most. ators, and then the bill was sent to the or over the period of the next 8 years. We would have had the benefit of vot- Congressional Budget Office to be One of the amendments we wanted to ing on a couple of amendments, which scored, for a cost estimate to be devel- offer was not just to extend unemploy- I think are very well taken, directly re- oped. I know several people have said, ment benefits but to pay for it in a way lating to the subject, germane amend- Could we see the bill? Could you share that would not harm job creation, as is ments, but for some reason the major- that bill so the American people can contemplated under the bill. Am I cor- ity has not seen fit to permit that to see what we are talking about here? So rect in that? happen. far, no luck. No bill. If we are talking Mr. ALEXANDER. The Senator from So as friends around the country con- about getting this debate going on Arizona is correct. And as a member of sider what is the reason for this being health care, one would think that we the Finance Committee, he has once slowed down, I hope there would be a would get the bill written, we would again come up with a very good sugges- better appreciation of the reason why get it out there, we would all get a tion. He understands better than some this has been delayed. A, we didn’t ask chance to read it, our constituents appear to that if we add taxes to pay- for the delay. The delay was occasioned would have a chance to understand rolls, it makes it more likely that pay- by action by the majority leader by, what is in it and, by the way, know rolls will be smaller or there will be first, going to another bill and, sec- how much it costs. fewer jobs. So if we can find a way to ondly, by filing cloture and, third, by I ask my colleague from Tennessee, pay for unemployment compensation not agreeing to allow the minority to are Republicans doing anything to slow that does not add to the debt and does have a couple of amendments. down the bill or making it public or not add to payroll taxes, that is worth Finally, I would say I wish we did understanding it? taking a little time to do. have that opportunity because I think Mr. ALEXANDER. We are here every Mr. KYL. I know my colleague want- when we do support this, it will be a day. We want to do what the Senator ed to talk about student loans, so I will better bill by not only taking care of from Arizona said. We want to read the close my point here. those who find themselves without a bill and we want to know what it costs The whole point, when colleagues and job today but helping to find a way to because when we hear about it—and friends of ours on the other side of the get them back to work, and that ought the Senator from Arizona was a part of aisle say: Well, Republicans are just to be our primary goal. the Finance Committee that developed trying to slow this down; the answer is: I thank my colleague for yielding. Mr. ALEXANDER. Mr. President, if one bill; I was a part of the HELP Com- No, we could have been done with this the Senator from Arizona has another mittee that developed another bill. bill 24 hours ago. All that was nec- minute, I thank him for coming to the What we hear is that instead of low- essary was a simple agreement between floor because he has pointed out the ering premiums, which is the idea for the majority leader and the minority value of taking a little time on these 250 million Americans, it will probably leader that the minority would get a important pieces of legislation. He has raise premiums; that it will raise couple of amendments. One of them is suggested a way we can not only ex- taxes; that it will cut Medicare by $450 an amendment to say, Let’s pay for tend unemployment compensation ben- billion. this worthy cause of extending unem- efits, which almost all of us want to do, Now we learn from the majority lead- ployment benefits in a more sensible but a way to pay for it in a way that er this week that there will be a new way with respect to job creation; at creates more jobs rather than fewer. government-run insurance program. least in a way that isn’t going to cost There is another example. The Sen- We are going to put the government in us jobs, to prevent employers from hir- ator from Rhode Island was com- the insurance business with a ‘‘State ing more people. Let’s pay for it by plaining about the 82 times that the opt-out,’’ whatever that might mean. I taking some of the unobligated stim- majority leader has invoked cloture, am a former Governor. I am wondering, ulus funds that won’t be spent for an- and I was saying that was nothing to Does that mean we can opt out of the other 6 or 7 years and achieve our goal brag about. We should be complaining taxes as well as the benefits? So the in that way. But no, no agreement to about that, because that is 82 times he Senator from Arizona is right. We are do that. The majority says no amend- has cut us off. In general, he has al- here. We are ready to go to work. We ments, take it or leave it. lowed during this year a fair amount of are anxious to read the bill, but it is If you ask for amendments, then you amendments, a fair amount of debate. being written behind closed doors. are slowing the process down and some- But take the health care bill for a mo- Mr. KYL. Mr. President, I would say how standing in the way of those who ment. It takes a little time. Over in the to my colleague, the minority leader are unemployed. The benefits haven’t House I hear they may run that yesterday in a press conference talked run out yet. We are going to pass this through in 3 days. That is not going to about this bill that has been written. I before the benefits run out. That is not happen here. When we have time to am not actually even sure it has been the question. You can either come stop and think about it—the same written. Obviously, we have never seen down here and make a pitch to people thing happens on this floor that hap- it. All the majority leader has chosen to make it sound as though you are pened last week. We had our first vote to talk about publicly is the so-called trying to help them and the other side on health care and the question was, public option. So maybe that one fea- is not or you can try to do things the Shall we raise the debt 1⁄4 trillion dol- ture of it has been written. right way. I submit that on this, the lars?, and 13 Democrats joined all Re- My point is it isn’t Republicans who right way is to pay for it in a way that publicans and said no. are slowing anything down. As far as doesn’t cost jobs because our goal here We have another important vote this health care debate is concerned, I ought to be to put people back to work. coming up soon that might be called a think we are very anxious to engage in I would also say that if the majority procedural vote but, in fact, is a vote that debate now. As my colleague from were serious about getting this legisla- for or against a bill. Tennessee pointed out, we are not tion completed, they would not in the Mr. KYL. Mr. President, if I could going to be in debate on a bill which is middle of the process have parachuted comment on that, that is another very going to raise taxes, raise premiums,

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.032 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10818 CONGRESSIONAL RECORD — SENATE October 28, 2009 cut benefits under Medicare, increase directly through to us. For example, across America, students and their par- the deficit, reduce the quality of our there is a tax on the manufacturers of ents wait to see if they have been ad- health care, and I am not going to vote medical devices. If you have an mitted to college and to which college. to begin work on that kind of a bill, angioplasty or some kind of heart prob- The next anxiety comes when they but I certainly will vote to begin work lem and they put a little stint in there, turn to the various options they have on a bill which meets the primary ob- one of those very high tech items, that to see whether they can afford to go to jective. is going to get taxed. Why should you that college. There are two primary things we be taxed on something that makes you Fortunately, in America we have the need to try to resolve. One is to make well? I can’t understand that. But in best system of higher education. We sure we could get insurance to about 18 any event, the tax is first on the manu- not only have the best colleges; we million Americans who can’t afford it facturer and it will be passed on to the have almost all of the best colleges. We and don’t have it, and the other is to consumer, so increased taxes. have 6,000 autonomous institutions of keep premiums from going up. As the Finally, my colleague asked about one kind or another—public, private, Senator from Tennessee pointed out, premiums. According to CBO, the pre- religious, secular, profit, for-profit— under the legislation that came out of miums will go up over what they other- among which students may choose. the Finance Committee and out of the wise would have been. The Oliver Second, even though prices have been House of Representatives, insurance Wyman study that I think is very cred- going up, we have bent over backward premiums go up more than they other- ible on this said the average would be in this country to try to make it pos- wise would have—according to who? $3,300 per year per person. In my State sible for the largest number of Ameri- The Congressional Budget Office, the of Arizona, it was over $7,000, an in- cans to attend college. Seventy-seven nonpartisan entity that we all ask to crease in insurance premiums over percent of Americans who attend col- analyze these things. There are many what it otherwise would be. When lege—nearly 20 million—have a Federal other studies that came to the same Americans see that, they are going to grant or Federal loan to help them do conclusion. say, Where is the reform? This is a lot that. So I am not anxious to begin working worse than it was before. So just after January—and I want to on a bill that does those things, but so Mr. ALEXANDER. I thank the Sen- paint this picture—in homes across far we haven’t seen any bill. ator from Arizona. All of this got start- America, we have millions of students, Mr. ALEXANDER. If I could ask one ed because the Senator from Rhode Is- millions of families who are waiting for more question of the Senator from Ari- land had complained that the Demo- their college admissions and then will zona, who is giving a lot of time to this cratic leader had to cut off debate 32 turn to the question of: Can I get some discussion. I thought this health care times, and my response was that was help paying the bills. Specifically, we debate was supposed to be about reduc- nothing to brag about; that is what the have 14 million—if next year is any- ing costs—the cost to the government Senate is for. That is how the Founders thing like last year and the year be- and the cost to people buying pre- created it. fore—14 million of those students who miums. Whatever happened to that I appreciate the Senator from Ari- will be going to college on 35 campuses goal? zona pointing out that in the case of who will be borrowing $60 million Mr. KYL. Well, I would say to my unemployment compensation, we all through the Federal Family Education colleague, something happened to it on want to extend the benefits. We think Loan Program—what we call the tradi- the way to the Senate, I guess. Be- we may have a way to do that in a way tional student loan program. cause, first, the bill is going to cost that creates more jobs rather than We have two types of loan programs. somewhere between $800 billion and $1 taxes on jobs. In the case of health We basically have one through two trillion. That is obviously money that care, yes, we want to go slow enough to thousand lenders, profit and nonprofit, isn’t being spent today that will be be able to do two things: Read the bill, across the country. For example, we spent tomorrow. I don’t know of any know what it costs, because we want to have an organization called Edsouth in American who believes you can have a make sure that if we pass a health care Tennessee that is nonprofit. It offers a $1 trillion new government program bill, we are not the Congress of higher variety of student loan options to Ten- and not add to the debt, but we are premiums, higher taxes, Medicare cuts, nessee students. It has five regional told: Wait for the details; we will show and adding to the debt. I think the outreach counselors to provide college you. American people want to make sure we and career planning, financial aid There is only one way to make sure do that as well. So I am grateful that training, college admissions assistance, it doesn’t add to the debt: Raise taxes we have the Senate. We are always a and financial literacy. It makes 443 so much that you cover the costs of it. little more grateful for those rules presentations at Tennessee schools Then that gets to the other half of the when we are in the minority, because through college fairs, guidance visits, equation. What about for the American they protect our rights to represent and presentations. It works with 12,000 people? Are we going to be better off? the people who elect us and to ask us Tennessee students to improve their No. It turns out we are going to have to offer amendments. But the Amer- understanding of college admissions our taxes increased by $400 billion, ican people have been served very well and the financial aid process. Last Medicare cut by almost $500 billion—by by a Senate that has different rules year, Edsouth provided training to over the way, if it is ever cut. There is a and procedures. 1,000 school counselors and distributed question about whether we will ever STUDENT LOANS 1.5 million financial aid brochures. achieve those savings; we never have in I wish to say a word about a subject The various lending institutions— the past—in which case the bill is then which has nothing to do with health profit and not-for-profit—are usually in out of balance by $500 billion; $500 bil- care and nothing to do with climate these communities and easy for these lion in debt. So either there is going to change, which is the other subject I 14 million students to get to. There is be a big debt there or seniors are going have been in hearings on today, but it another group of students—about a to see their benefits lost. is a subject that will affect millions of fourth to a third in total—who choose But I wandered off the point. My col- families in America, and that is the to go another route in getting a stu- league was asking, Wasn’t the exercise question of going to college and stu- dent loan, called direct lending. They here to reduce costs. Yes. And what dent loans. borrow directly from the government. will the bills do? It will increase costs All of us can imagine the anxious This was set up as a pilot program for the Federal Government so, there- moments in our family lives—and there when I was the Secretary of Education fore, the taxpayers. It will increase are a number of them, including when in the early 1990s. It was set up to see costs for all Americans in the form of a baby is born or when the daughter whether the traditional student loan higher taxes, some imposed directly on goes out on her first date; when some- program, which is through your local us. For example, if we don’t comply one is sick; when a child goes off to col- bank or nonprofit, was working right, with the government forcing us to buy lege. But one of the most anxious mo- and what was best for students. insurance, the Congressional Budget ments comes just after the first of Students and colleges have voted Office says other taxes will be passed every year when, in millions of homes over the years with their practices. For

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At the University of Ten- was helpful in assisting FFEL Program lend- was an effort to prod them into action. ers in making $61.3 billion in new loans to ‘‘Some campuses are thinking they’ll wait nessee, where I was once president, in students and their parents this past year. until Congress acts, but to wait is to endan- Knoxville, there are 30,000 students, And the bulk of those funds—some $46.3 bil- ger loan access for students,’’ said Robert and 11,000 have a Federal loan. They lion—was provided by the Department of Shireman, the deputy under secretary of get that through the traditional loan Education. education. program, not the government direct While many institutions like yours contin- In the past year, Mr. Shireman said, about loan program. At Maryville College, in ued to use the FFEL Program loan delivery 500 institutions have switched from the sub- sidized program, the Federal Family Edu- my hometown, where my parents went, process last year, more than 500 others re- sponded to the uncertainty by switching to cation Loan program, into direct federal 824 of 1,100 students have a Federal the Direct Loan Program. These colleges’ lending. loan. They get that through the tradi- move to direct lending happened in an effi- A year and a half ago, when uncertainty in tional loan program. At Carson-New- cient and effective manner, without any the financial markets threatened the avail- man, at Jefferson City, where I am interruption of service to students, and the ability of private loans, Congress passed a going Friday to help inaugurate a new number of Direct Loans increased by nearly stopgap law to ensure that families with fi- president, with 2,000 total students, two-thirds compared to the previous year. As nancial need could get student loans, even if 1,259 have a Federal loan. I can go you know, the Direct Loan Program provides their college was not in the federal direct loan program. through each of the institutions in our students with the same types of loans, with essentially the same terms, as those made in But that temporary legislation, which col- State. You can see the number of fami- the FFEL Program. leges used to make billions of dollars worth lies that any change in the student I do not anticipate any major loan access of new loans in the past year, will expire in loan program affects, and if you add problems during the remainder of this aca- June. And even if Congress does not act to the anxiety that comes with receiving demic year because Congress’s temporary end the subsidized lending program and re- your college admission and worrying measure remains in effect. However, while quire direct federal lending, there is no guar- about whether you can pay the bill— there are encouraging signs that the finan- antee that any lenders will continue with cial markets are rebounding, the most pru- the private loan program. you can see the problem that causes. Private lenders are fighting to stop the The reason I came to the floor is that dent course of action is for you to ensure that your institution is Direct Loan-ready switch to direct federal lending. And at their for those 14 million students—more or for the 2010–2011 academic year. That way, third-quarter earnings conference call last less—who, in January, February, and loan access for your students will be assured. Wednesday, executives of Sallie Mae, a pri- March, would be expected to turn to As you may know, President Obama has pro- vate lender, spoke of the ‘‘transition risks,’’ the traditional student loan program, posed that Congress make the loan system saying many schools’ financial aid offices we are about to have a 14-million car more reliable by moving to a 100 percent Di- are thinly staffed, have only just finished processing loans for this academic year and pile-up on the interstate highways of rect Loan delivery system. In any event, under current law, ECASLA will expire, and would have trouble making the transition to American education because of action a new lending system in time for next year. taken by the U.S. Department of Edu- the continued participation of FFEL Pro- gram lenders will be in question. Mr. Shireman said that for most colleges cation. The Department of Education stands ready and universities, it takes three weeks to four The Secretary of Education—a man I to assist with any questions you and your months to make the switch, which requires greatly admire—has sent a letter to staff may have about becoming Direct Loan- changing computer programs and retraining the various schools—3,500 or so cam- ready. Many institutions have already taken financial aid administrators. puses—that now use the traditional the initial step of contacting us to ensure Mr. ALEXANDER. The Secretary’s loan program, and he said you better the appropriate transition steps have been assistant says it takes at least 3, 4 get ready for the government-run pro- taken at Federal Student Aid to begin the months for colleges to switch their gram, and you need to do it because I process. If your school has not taken this computers around, so instead of offer- initial step, we recommend that you do so. may not be able to continue to offer ing aid through a traditional program, Please also reach out to your technology, fi- they offer it through the government the traditional loans. nancial aid, and business offices to make That is a big mistake. I want to point sure they are working together to ensure direct loan program. There will be a lot out the reasons. First, there is not federal loan access for your students and of confusion in January, February, time to switch, even according to a their parents. If they are unsure of the steps March and April. There is not time to New York Times article. to take, please have them contact our school switch. I ask unanimous consent to have relations center, or e-mail us with questions. Second, the Secretary has gotten Thank you for your attention to this im- ahead of himself. The President has printed in the RECORD the Secretary’s portant matter. letter to the campuses and the New proposed a Washington takeover of the ARNE DUNCAN, student loan program, but this Wash- York Times article. Secretary of Education. There being no objection, the mate- ington takeover requires congressional rial was ordered to be printed in the [From the New York Times, Oct. 27, 2009] approval. We have more than one RECORD, as follows: COLLEGES ARE PUSHED TO CONVERT LOAN branch of government in this town. I know the House of Representatives has WASHINGTON, DC, SYSTEM October 26, 2009. (By Tamar Lewin) passed the President’s request, but As this academic year moves forward, it is Congress has not given final approval to there’s one more—the United States hard to believe we already need to consider legislation ending federal subsidies for pri- Senate has not approved the Presi- the 2010–2011 year to come. In doing so, I am vate student loans for college. But Secretary dent’s request, and I hope it does not. writing to seek your assistance and offer of Education Arne Duncan sent a letter Mon- It is a bad idea. mine in taking the necessary steps to ensure day to thousands of colleges and universities So I hope the Secretary will write an- uninterrupted access to federal student loans urging them to get ready to use the govern- other letter and say I have changed my by ensuring your institution is Direct Loan- ment’s Direct Loan Program in the 2010–11 mind, given the lateness of the situa- ready for the 2010–2011 academic year. school year. tion in the year—we are almost to No- Eighteen months ago, uncertainty in the The House of Representatives last month financial markets seriously threatened the passed the Student Aid and Fiscal Responsi- vember—and the fact that it takes up availability of Federal Family Education bility Act, expanding the government’s di- to 4 months for any college to make a Loan (FFEL) Program loans for the upcom- rect lending and ending the current program changeover, and because most students ing 2008–09 academic year. Congress acted of government subsidies and loan guarantees will begin to receive their college ad- quickly to provide the Department of Edu- for private lenders. Under that law, all col- missions in January and February, et cation with unprecedented temporary au- leges would be required to convert to the fed- cetera. I hope the Secretary will say I thority to directly finance loans made eral Direct Loan Program by July 1. am going to take a little different ap- through FFEL Program lenders. The goal But the Senate has yet to take action on was to ensure that every student or parent the legislation, and it is uncertain whether proach and work with Congress, recog- with a need for a federal loan would be able it will do so before the health care debate is nizing that the Congress has to approve to get one, whether or not the student’s edu- resolved. this proposal as well. cational institution had taken the steps to Meanwhile, most of the nation’s 5,000 col- First, we are going to extend the law provide loans through the Direct Loan Pro- leges and universities have not taken the that was passed a couple of years ago,

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.035 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10820 CONGRESSIONAL RECORD — SENATE October 28, 2009 which provides emergency financing to will spend a few more months or years The Secretary of Education should back up all of the traditional student working to pay off the student loan in change his mind, withdraw his letter, loans that are made. That has worked order to help pay for someone else’s and work with Congress to extend the out very well. The institutions partici- education and help the Congressmen’s temporary law and improve the stu- pating have paid large fees to the gov- reelection. dent loan program and reassure stu- ernment and students have gotten There are a few other things the gov- dents that they don’t have to be anx- their loans. We can extend that an- ernment ought to tell you. The $87 bil- ious about standing in line in January other year. It doesn’t expire until lion isn’t real. According to a letter in for a loan. June. July from the nonpartisan CBO to New I yield the floor. Second, the Secretary might say that Hampshire Senator GREGG, the savings The PRESIDING OFFICER. The Sen- I am going to work with Congress to are closer to $47 billion. If we use the ator from Wisconsin is recognized. make some changes in the existing stu- same cost scoring analysis that the AFGHANISTAN dent loan program to make it right. We CBO required when we passed the Trou- Mr. FEINGOLD. Mr. President, in can talk about ways to do that. bled Assets Relief Program, or TARP, 2002, then-Senator BIDEN chaired a se- Third, I hope he will say I am going the savings I think are less than that, ries of Senate Foreign Relations Com- to work with Congress to set up a tran- since the government assumes it can mittee hearings on U.S. policy toward sition time that is appropriate for any make 19 million loans each year for Iraq. These hearings challenged many colleges that want to move from the what it now costs to make 4 million prevailing assumptions and called into traditional student loan program to loans. question the wisdom of invading Iraq. Finally, the government needs to dis- the government-run direct loan pro- To the detriment of our Armed Forces, close to these 20 million students who gram. our counterterrorism efforts, and the are thinking about going to college When time comes for us to debate standing of the United States around next year that getting your loan will and act on whether there should be a the world, our government ignored become about as enjoyable as waiting Washington takeover of student loans, those prescient warnings. in line for your driver’s license. Today I am going to say, no, there should not Our country is again contemplating there are 2,000 lenders—banks and non- be. I have a little history here. I think sending tens of thousands of troops profit institutions—competing to offer the American people have had enough into battle, this time as an escalation government-backed students loans at Washington takeovers—banks, insur- of the 8-year war in Afghanistan. In 4,400 campuses. I mentioned earlier the ance companies, General Motors, et fact, the escalation has already begun, kinds of services they provide. That is cetera. The President can argue that with an additional squadron to begin all about to change. There will only be he inherited a lot of that. But this deploying in November. one student loan banker under this takeover is truly voluntary. Sadly, the impact of our expanding proposal, the U.S. Secretary of Edu- Nobody is asking the Secretary of military engagement in Afghanistan is cation. I wouldn’t have wanted that job Education to become the banker of the becoming increasingly and painfully when I was in that position, and I can- year. I would rather he become the clear, as October has become the dead- not imagine any Education Secretary Secretary of the year. I think he could liest month for U.S. troops since the wanting that job. There will be no com- do that. I think he is an outstanding war began, and more servicemembers petition to make it easier to get your Secretary, one of the best appointees— have been killed this year than in the loan. maybe the best—of the new President. Imagine 20 million students and fam- first 4 years combined. The Presiding Officer is from Illinois, ilies trying to call a Federal call center I commend Senator John Kerry for and he knows Arne Duncan very well. I to make their arrangements to go to holding a series of exceptional hearings would like to see him reward teachers college. It is true that during the last in the Foreign Relations Committee and setting higher standards, instead 20 years subsidies the government paid over the past month on U.S. policy in of making 20 million student loans to lenders to make student loans were this critical region. Expert witnesses every year. I want him to be the educa- excessive. Congress took steps to cor- have provided a sober analysis of the tor of the year, not the banker of the rect that 2 years ago. If there is still situation there. year. Deep in his heart, maybe he wish- $87 billion, or $47 billion, in real sav- I urge my colleagues, if they have a es that as well. ings, then the subsidies are too high chance, to read the transcripts of these The administration has told us about and we should lower them and give the hearings and consider the opinions of this latest Washington takeover that is savings to students, not trick students this diverse group of former military starting next year, and that the nearly by overcharging them to pay for more officials, intelligence officers, dip- 20 million students who want govern- government programs and run up the lomats, academics, and experts in the ment-run direct loans should all line Federal debt in the process. Seven- region. Of course, a handful of the wit- up at offices designated by the U.S. De- eighths of the students who applied for nesses supported an escalation of our partment of Education. This will, the Federal aid using the Free Application military involvement in Afghanistan, argument goes, save taxpayers $87 bil- for Federal Student Aid had an average but the majority of the regional ex- lion in subsidies that now go to greedy loan of about $25,000. Assuming a perts—including CIA veterans who banks. In anticipation, Members of standard 10-year repayment at 6.8 per- have deep experience in the region— Congress—we—have already spent the cent, which is the rate set by Congress, questioned whether the stated aims of $87 billion for more Pell grants, com- these students would pay roughly $9,400 our military strategy are achievable or munity college improvements, and in interest. But we could use the sav- necessary in order to deny al-Qaida an other new programs. That sounds very ings to reduce the interest rate by as uncontested safe haven in Afghanistan. good. Banks are punished, students are much as 1.5 percent—down to 5.3—and Many expressed concern that our cur- helped and, most important, Congress- those students would pay only $7,100 in rent military-focused approach may be men look real good. interest, a savings of $2,200. making things worse. Here is what they have not told you. If this Washington takeover goes President Obama has refocused our Your friendly government, for all this, through, every one of the 19 million- attention on the Afghanistan-Pakistan will overcharge you, the student—and plus student loans made in 2010 should region, and for this I give him great use the profit to pay for the new pro- carry this warning label: Beware, your credit. I am also pleased to see this ad- grams that make the Congressmen Federal Government is overcharging ministration is taking the time to have look good. Yes, those of you who bor- you so your Congressman can take serious discussions about our strategy row student loans—the 20 million—the credit for starting a new government and the many possible alternatives. We Education Department is going to bor- program. Enjoy the extra hours you must find a way to relentlessly pursue row the money at 2.8 percent from the work to pay off your student loan. al-Qaida’s global network without de- Treasury and loan it to the students at Mr. President, I see my colleague stabilizing this critical region, over- 6.8 percent, and spend the difference on from South Dakota on the floor and stretching our military or needlessly administrative costs and new govern- my colleague from Nebraska, so I will spending money we do not have. This ment programs. That means a student conclude. will require a smaller, more targeted,

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.036 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10821 and sustainable military strategy com- a place where we can continue to play the ghanistan. One thing is certain. At no bined with far more robust regional game, which means that we need to be able point in the last 8 years has this kind diplomatic engagement. to do that on a sustainable basis. . . .What of comprehensive, focused strategy for I would like to go over what I con- we are currently doing I believe is not sus- Pakistan been attempted. tainable either by us or by the Afghans. sider to be some of the myths that are In Afghanistan, I am not suggesting being used to support the notion of a We have to have a sustainable, tar- we would necessarily just limit our- significant buildup of troops in Afghan- geted counterterrorism strategy that selves to what some have called an istan. can contest potential safe havens and, over-the-horizon presence. We may One is that preventing a potential al- thus, prevent al-Qaida from regaining need to maintain bases and consider a Qaida safe haven in Afghanistan is the footing they had in the 1990s. Try- range of counterterrorism options. But more important than addressing exist- ing to achieve total elimination of we will never return to the neglect and ing safe havens elsewhere. That is not such safe havens through a large-scale, strategic drift of the pre-9/11 period, what we heard at the hearings. open-ended military mission is not nor should we resume the unfocused The committee’s hearings have re- only infeasible, it is physically and po- mission we saw for much of the pre- vealed that calls for an open-ended or litically unsustainable and could pro- vious administration. increased military presence in Afghani- voke even greater instability in the re- This recognition is why several wit- stan are based upon several flawed as- gion. It is time we develop a counter- nesses testified that a targeted coun- sumptions or myths. The first common terrorism policy for Afghanistan that terterrorism strategy, which has never myth is that preventing a potential al- places it in the context of al-Qaida’s been tried before, would likely succeed Qaida safe haven in Afghanistan is many current and potential safe ha- in denying al-Qaida an uncontested more important than other potential vens, including in Yemen, Somalia and safe haven. This sustainable strategy, safe havens. Again and again, we hear North Africa and many other places along with a flexible timetable for the that if we do not send more troops, the around the world. withdrawal of troops of the United Taliban will regain control of Afghani- A second oft-cited myth is, we al- States from Afghanistan, could easily stan and again provide a safe haven in ready tried engaging in such a limited reduce the perception that we are en- which al-Qaida could reestablish train- counterterrorism operation in Afghani- gaging in an open-ended military occu- ing facilities or launch attacks on the stan after the 2001 invasion and the sit- pation of that country. United States. That statement may be uation on the ground only deterio- As to a third myth, there are many true, but it contains a number of as- rated. who argue that a larger military pres- sumptions that need to be closely ex- On the contrary, the strategy of the ence is required in order to stabilize amined. Will more troops make a dif- United States in Afghanistan, over the Afghanistan. However, many of the ex- ference? How likely is it the Taliban past 6 years, has been uncoordinated perts testified that an increase of for- will actually regain control of Afghani- and neglected and much of the limited eign troops in Afghanistan will likely stan? Even if it does, what will its rela- resources went to pursuing militants in provoke additional militancy. tionship be with al-Qaida? But the big- Afghanistan while al-Qaida was re- Reports indicate that militancy in gest unasked question is: What are the building in Pakistan. This strategy both Afghanistan and Pakistan has in- costs of pursuing this strategy and is it failed not because it was targeted at al- creased over the years. According to necessary to address the very real Qaida but because it generated resent- Milt Bearden, the former CIA station threat posed by al-Qaida? ment among the local population and chief in Islamabad: ‘‘40,000 troops will Al-Qaida already has a safe haven in created a groundswell of opposition. It beget 40,000 more enemy . . . ’’ We Pakistan and is operating in other also failed because it turned a blind eye must appreciate that our military pres- countries around the globe. Addressing to the corruption and lack of legit- ence may well be counterproductive this global threat requires a smart and imacy of both the Afghan and Paki- and, in fact, driving the conflict, cre- sustainable use of our resources around stani Governments. The previous ad- ating more militants than it is elimi- the world, including in Afghanistan, ministration’s extreme reliance on nating. rather than disproportionately direct- Pervez Musharraf not only failed to Indeed, it may even be undermining ing our resources toward only one of achieve our immediate counterterror- our ability to divide our enemies. CIA many potential safe havens. ism goals, but it undermined the per- veterans Robert Grenier and Mark Several witnesses called into ques- ception among the Pakistani popu- Sageman testified that, in Mr. tion even the likelihood that the lation that we were working with them Grenier’s words, Afghans ‘‘tend to coa- Taliban would overrun Kabul. Even if against mutual threats. As a result, we lesce against what is perceived as an the Taliban were to continue to exert lost a crucial opportunity to eliminate outsider.’’ control over certain areas, experts al-Qaida and the Taliban from, and It is not surprising, then, that many challenged the simplistic assumption bring stability to, Afghanistan. of the witnesses who appeared before that al-Qaida would then be able to re- By contrast, the Obama administra- the Foreign Relations Committee establish the kind of operational free- tion has focused on Pakistan and sup- agreed that a political solution is es- dom it had in Afghanistan prior to 9/11. ported the emergence of a civilian gov- sential to stability in Afghanistan. As Moreover, sending more troops to Af- ernment that shares our counterterror- Mr. Bearden testified, there is no ghanistan may not prevent an al-Qaida ism goals. We have a strong interest in ‘‘military solution—for us or the Af- safe haven there. As General Pakistan’s continued military oper- ghans.’’ McChrystal noted in his own assess- ations. We must remain engaged so any We can and will relentlessly pursue ment, even if we send additional tactical successes are accompanied by al-Qaida. We have to find a way to do troops, they would necessarily be fo- rules of engagement that protect the so that does not further destabilize the cused on limited areas and would still civilian population and ensure humane region. Increasing our troop levels in leave substantial portions of the coun- treatment of displaced persons, which Afghanistan will only make this more try outside the control of the Afghan are essential to ensuring that these difficult. Government or U.S. forces. successes actually result in strategic As to a fourth myth, another fre- Several witnesses questioned whether victories. quently cited myth is we must main- we can afford to dedicate so many re- Much more remains to be done, in- tain a large military presence in Af- sources to one country when we face a cluding efforts to strengthen respon- ghanistan in order to prevent the de- global adversary. Instead, as Robert sive civilian governance and encourage stabilization of Pakistan. In reality, Grenier, the former CIA station chief Pakistan to tackle the deeper socio- our massive military footprint in Af- in Islamabad during the 2001 invasion economic problems that the Director of ghanistan has contributed to insta- in Afghanistan, testified: National Intelligence has testified are bility in Pakistan. The best that we can hope for is not a per- driving instability in that country. Several witnesses agreed the major- manent elimination of a safe haven [in Af- None of this will be easy, but counter- ity of Pakistanis would not welcome an ghanistan] . . . but rather the elimination of terrorism in Pakistan will not be increased military presence in Afghani- an uncontested safe haven. [W]e need to be in achieved through our escalation in Af- stan. Mr. Grenier stated:

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.040 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10822 CONGRESSIONAL RECORD — SENATE October 28, 2009 I think that a large increase in U.S. pres- I yield the floor. and certainly the backbone of our ence in Afghanistan would not be welcomed The PRESIDING OFFICER. The Sen- economy in the State of Nebraska. by the majority of Pakistanis. I think that it ator from Nebraska. The interesting thing about this ex- would make the struggle seem all the more Mr. JOHANNS. Mr. President, I rise tension of unemployment benefits is starkly one of the U.S. against Muslims as opposed to the U.S. supporting Afghans in this afternoon to speak to the pending that it would expire in December but their own struggle. issue, which is the extension of unem- the taxes would live on for month after As former British diplomat Rory ployment benefits. month after that expiration. Stewart testified, the ‘‘stabilized Paki- The pending proposal basically says So you see, I think it is appropriate stan’’ rationale for a military presence we would extend benefits for 14 weeks to come to the Senate floor to make in Afghanistan also ignores ‘‘the real for all States. There would be an addi- the case that we should not be taxing drivers of the problems in Pakistan. tional 6 weeks attached for those the job creators in order to support Pakistan will not stand or fall on Af- States that had unemployment that those who are out of work and looking ghanistan. It’s about the Pakistani exceeded 8.5 percent. for a job. We should be encouraging government, it’s about the Pakistani You don’t have to look very far those job creators to do all they can to military, it’s about the Pakistani econ- around this country to see people are add another job to bring these people omy and the Pakistani society . . . by struggling. In fact, just an hour or so back to employment. and large, Afghanistan is far less im- ago, I was pulled aside by a member of To make this relevant to the citizens portant to the future of Pakistan than the media. He said: There are numbers back home in Nebraska, this will have we’re suggesting.’’ coming out tomorrow that indicate a $17 million impact on our businesses. In fact, our presence in Afghanistan some improvement here and there. That is $17 million that will not be could be counterproductive. CIA vet- What would your reaction to that be? spent on creating a single new job. It is eran Paul Pillar recently testified in I said: You know, until we see im- $17 million that won’t be spent to hire the House that ‘‘an expanded U.S.-led provement with unemployment, we new workers. counterinsurgency in Afghanistan will never convince the American peo- I have talked to many of these busi- would be more likely to complicate ple that things are better. nesses in our State, and they are say- rather than to alleviate the task of We are hearing 10 percent unemploy- ing to me: MIKE, we are doing all we Pakistani security forces insofar as it ment. I hope not, but some predict we can to try to keep people employed. I succeeded in pushing additional mili- will actually go over that number don’t want to do layoffs or any more tants across the Durand line.’’ We need around Christmastime or the first of layoffs, they tell me. But what we are to carefully consider the unintended the year. saying to businesses is: We know you consequences of sending additional People across this country are strug- are struggling, we know you are fight- troops to Afghanistan, lest we further gling. Jobs are being cut. People are ing this brave battle to keep these fam- destabilize its nuclear-armed neighbor, being laid off. As I said, many experts ilies with a job, but here is another tax Pakistan. are predicting that unemployment extension, and could you also go out The Afghanistan hearings provided a could get into the double digits before and hire some new workers? This is crucial forum to question conventional we see any improvement. simply out of touch—exactly what wisdom, justifying our current and pro- I am not here to say the extension of Washington was criticized for during posed military strategy. These expert unemployment benefits is the wrong our August townhall meetings. witnesses have challenged many of the course of action. Not at all. I am not A lot of jobs could be created if we assumptions underlying many of the here to dispute any of these assertions expand this from my small State of Ne- myths I outlined. about how difficult this economy is for braska to a nationwide phenomena. In his testimony before the House, people. But what I am here to do today Think of the jobs that could be created Pillar warned that: is to say this: If we are going to con- with $2.4 billion spent on salaries in- An expanded military effort in the cause of sider a bill of this nature, of this im- stead of on taxes. counterinsurgency in Afghanistan would be unwarranted. The benefits in terms of ulti- portance to people, I believe it is im- I have this amendment which basi- mately adding to the safety and security of portant that we, as Senators, have the cally says this: A more sensible ap- the American people would be marginal and ability to come to the floor to submit proach would be to use a very small questionable. At best, the difference such an an amendment, to make our best case portion of the unspent stimulus money effort would make in the terrorist threat fac- on the amendment, to ask for a vote on to finance this extension. Don’t tax ing Americans would be slight. At worst, the that amendment, and then see where it these small businesses. The stimulus effort would be counterproductive and would ends up. was sold as a shot in the arm. It was not reduce the threat at all. Even at its best, the benefit would be, in my judgment, out- The original stimulus bill—and again going to jump-start the economy. But weighed by the probable costs of the counter- I emphasize, the stimulus bill—ex- that goal has proven very elusive. In insurgency. tended unemployment benefits for 33 fact, it has even been very difficult to There is strong consensus that we weeks. So very clearly the majority of get the money flowing. And don’t take must not abandon Afghanistan, and the this body, considering the issue of ex- MIKE JOHANNS’ word on this. The Con- lack of strategy and focus on this re- tending unemployment at the time the gressional Budget Office says that gion that occurred over the past 6 stimulus was passed, said we should some of the stimulus money won’t even years must not be repeated. But there use stimulus funds. I would argue that be spent until 2018, 9 years from now. has also been significant agreement the same logic applies today. This ex- CBO predicts $22 billion will be spent in among the witnesses that we continue tension should also be from stimulus 2014, about 5 years from now. I don’t to greatly overestimate the potential funds, and that is what my amendment know a single person who could argue benefits and underestimate the risks would simply say. that is a shot in the arm. associated with maintaining or expand- Here are the reasons why: The stim- The Chair of the President’s Council ing a large, open-ended military pres- ulus bill, quite simply, did not provide of Economic Advisers, Christina ence. the jobs that were promised. Put forth Romer, recently said: I urge my colleagues, again, to re- whatever excuse you want to put forth. Most analysts predict that the fiscal stim- view this excellent testimony from Argue that maybe you didn’t think the ulus will have its greatest impact on growth these hearings. We need to reduce our economy was as bad as it is, although in the second and third quarters of 2009. unsustainable military presence in Af- I must admit I find that hard to imag- She goes on to say: ghanistan in order to pursue al-Qaida ine. But whatever the argument, the By mid 2010, the fiscal stimulus will likely without further destabilizing the re- stimulus bill did not provide the prom- be contributing little to growth. gion and work through diplomatic ised jobs. The bill in front of us today This baffles and frustrates the Amer- channels and the provision of assist- would do this: It would levy a tax on ican people. ance to support the emergence of le- our job creators—our businesses—of Piling more taxes on people who hire gitimate, competent governments in $2.4 billion to finance it. It is an 18- to help those without jobs makes no both countries that will be effective month tax on small businesses, which sense when you recognize that origi- partners in fighting terrorism. are the backbone of our job creators nally a portion of the stimulus money

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.041 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10823 was set aside to extend unemployment. have more serious problems than at ple are losing their health insurance, Why not use a small—very small—por- any time since the Great Depression, I and the national debt has exploded. tion of the overall sum to provide an find it rather sad and distressing that And then, after hearing President Bush extension? time after time the response of our Re- tell us how robust the economy was, Mr. President, I just want the oppor- publican colleagues is no, no, no; fili- Secretary of the Treasury Paulson say- tunity to have an amendment that we buster, filibuster, filibuster. In fact, ing how strong the economy was, they can vote on, to be able to make the what we are seeing now is that the fili- walked into Congress over a year ago case that my amendment is a better al- buster is the norm. Most Americans and said: Seems we made a little bit of ternative than what we are doing think it takes a majority to pass some- a mistake. The economy is not actu- today. It uses unobligated stimulus thing. Not around here. Our Republican ally robust. If we don’t get $700 billion funds to pay for the extension. It just friends, I think, have broken the all- within the next couple of weeks, the simply says to the Office of Manage- time world’s record for bringing for- entire world’s financial system will ment and Budget: Go to the unused ac- ward filibusters—my understanding is collapse. Sorry about that. We not only counts—and having been a Cabinet 81 in this session alone. have many hundreds of supervisors and member myself, I will tell you that So here you have a crisis in health the Fed, we have the whole Federal bu- those funds will be found—and allocate care, a crisis in the economy, a crisis reaucracy looking at what is going that money to help these people in- in global warming, a crisis in foreign on—we kind of missed it. We are sorry stead of taxing the job creators. My policy, a crisis in terms of our national about that. amendment requires only 1 percent—I debt, and yet our Republican friends What ended up happening, as every- repeat, 1 percent—of the original stim- say: No, no, no; filibuster, filibuster, body in America knows, the economy ulus to pay for unemployment benefits. filibuster. So it is easy to understand plunged as a result of Wall Street greed Why not use the money parked in these why the American people are ex- and illegal behavior and recklessness; accounts—which literally is years tremely frustrated with what is going the conversion of Wall Street to a gam- away from being allocated—to stimu- on here. bling casino, to all the deregulation late this economy? The election in November was all that these guys fought for for years— I would respectfully argue that my about the American people saying very both parties, by the way, not just Re- option gives all Americans a break. It loudly and clearly: We did it their way publicans—we ended up with the great- allows the unemployed workers to have for 8 years. We gave the tax breaks to est economic decline since the Great that important safety net while they the billionaires that these folks want- Depression. struggle to find a job; it helps busi- ed. We went into a war we should never Let me tell you a little bit about nesses that are fighting to stay open have gotten into. We drove up the na- where we are today when we talk about and to keep their employees in place, tional debt to a recordbreaking level. the need to extend unemployment ben- to keep that job in the family, and, my We ignored the crisis in global warm- efits. We hear the official unemploy- hope, to hire new workers; and it al- ing and forfeited enormous opportuni- ment statistic of 9.8 percent. That is lows us to use taxpayer dollars—tax- ties to create jobs addressing that. We bad. But that only tells literally half of payers who are tired of seeing their tax did it their way. the story. If we add to the 9.8 percent dollars wasted—in a way that I believe Now let me tell you the results of who are unemployed all those in high they would approve of. having done it their way. unemployment areas who have given Given the opportunity to submit this During the Presidency of George W. up looking for work or who are not amendment on the floor of the Senate, Bush, over 8 million Americans slipped part of the official statistic, and we add I could ask for its support and we could out of the middle class and into pov- to that number people who want to send a message to the American people erty. Today, nearly 40 million Ameri- work full time but are working part that we are listening to their concerns. cans are living in poverty. time, do you know what we end up This amendment immediately puts During the 8 years of the Bush ad- with? We end up with 27.2 million money back into the economy to pay ministration, 7.8 million Americans Americans who are unemployed or un- the bills or wages and to put food on lost their health insurance. Today, deremployed. This is over 17 percent of the table. Unfortunately, it appears in- these guys still do not want to address our population. creasingly likely that I will not be al- the issue of soaring health care costs That is a disaster. That is an abso- lowed to offer the amendment. and 46 million Americans uninsured. lute disaster causing massive suffering Mr. President, I have not been here a Under President Bush, 41⁄2 million for working families all over this coun- long time. I have been here about the manufacturing jobs in this country try. same time as the Presiding Officer. But were lost in the Midwest and other I rise today in the midst of that eco- I have to tell you, one of the things parts of this country. We are seeing nomic disaster in strong support of the that impresses me so much about this desolation in areas where workers used Emergency Unemployment Compensa- great body, this deliberative Senate, is to earn good wages, producing real tion Act. I am proud to be an original that we have the ability, whether we products. In my own small State of cosponsor of this legislation. I thank are in the majority or the minority, to Vermont, we have lost 10,000 manufac- Majority Leader REID and Senator offer an idea, to craft an amendment— turing jobs over the last 6 or 7 years. BAUCUS, the chairman of the Finance oftentimes that we get from a citizen During the Bush era, 3.2 million Committee, for their leadership on this back home—and to come to the floor American workers lost their pensions— legislation. We are in the midst of the and offer that amendment, make our pensions they were dependent upon in worst economic crisis since the Great best case, and then get a vote. It is a order to provide some security when Depression, and the suffering, from remarkable system. But what is hap- they retired. Incredibly, during that California to Vermont, is enormous. pening these days is that precious right period, median household income de- I am sure my colleagues get the same is being taken away from us. clined by over $2,100. letters I get: I think this amendment makes sense. My colleagues may have seen an arti- I lost my job, I am looking for a new There may be many who will disagree cle in USA TODAY recently which job, there is no job available. with me. There will be many who will mentioned that from 2000 to 2008, mid- I lost my job, I got a new job, but it agree with me. All I am asking for is dle-class men experienced an 11.2-per- only pays half of what my old job did. that I be given the right to offer the cent drop in their incomes. Do you be- I lost my job and I lost my health in- amendment, to make the case, and lieve that—11.2 percent? That is a re- surance and maybe I am 1 of the 1 mil- then to get a vote on this idea. duction of $7,700, adjusting for infla- lion people this year who are going to I yield the floor. tion, during the Bush era. Middle-class go bankrupt because of medically re- The PRESIDING OFFICER. The Sen- women in this age group saw a 4.8-per- lated illnesses. ator from Vermont. cent decline in their incomes as well. I am a young person, I graduated Mr. SANDERS. Mr. President, let me We did it their way, and the middle high school, I want to get a job. I can’t begin by suggesting that at a moment class is on the verge of collapse, pov- find a job. in American history when we probably erty is increasing, more and more peo- I graduated college, I can’t find a job.

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.042 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10824 CONGRESSIONAL RECORD — SENATE October 28, 2009 That is what we are looking at. We right now and also to an amendment I cause of this economic downturn. The have to address that problem. would like to have voted on as a part of legislation we have before us will do As bad as the current situation is, the underlying legislation. But I do just that, and I voted to proceed to what we also understand is that long- want to also react to some of the re- that legislation last night so we could term unemployment is soaring. It is a marks made by my colleague from have this debate, so we could get on bad thing if somebody loses their job. Vermont. this bill, so we could provide an addi- That is always bad. If they get a new When it comes to some of the legisla- tional 14 weeks of assistance to people job in a couple of weeks, that is one tion some are trying to jam through who need unemployment benefits be- thing. But what is happening now is we the Congress this year, we believe it is cause of what is happening in our econ- are looking at 5.4 million Americans OK to say no to some things. We think omy and this country. who have been unemployed for over 6 it is OK to say no, for example, to 1,500- I do not think we will find a lot of months. That is the highest on record. page bills written behind closed doors, disagreement that we need to take We have a crisis of long-term unem- in secret. We think it is OK to say no those steps that are necessary. I will ployment. The average length of unem- to higher health care premiums for our say the amendment offered by the Sen- ployment is now 27 weeks, the longest constituents in our home States and ator from Nebraska, Mr. JOHANNS, is a since World War II. In the midst of se- most Americans in this country who germane, legitimate amendment that rious unemployment numbers, the fact currently have health insurance. It is ought to be voted on. All he is saying we are looking at long-term unemploy- OK to say no to trillion-dollar spending is, if we are going to do this, we ought ment at record-breaking levels tells us bills that don’t do anything to create to figure out a way to pay for it that it is absolutely imperative to extend jobs. We think it is OK to say no to doesn’t lead to higher taxes on small and increase, expand unemployment higher taxes for small businesses and businesses. benefits. working families who are going to get There are fewer jobs in America I think that is a fair vote to have. It hit by many of the proposals in front of is totally related to the underlying today than there were in the year 2000, the Congress, including the health care even though the workforce has grown bill. But the underlying bill that would bill which, according to the Congres- provide and extend unemployment in- by over 12 million since that time. We sional Budget Office, more than half now have the fewest manufacturing surance benefits to people in this coun- the tax burden is going to fall on fami- try who are suffering as a result of the jobs at any time since April of 1941. lies making under $100,000 a year. Can you believe that? We have fewer economic downturn, we are not object- We think it is OK to say no to energy ing to that. Nobody here is. In fact, we manufacturing jobs, blue-collar jobs, taxes that will kill jobs and wreck the the jobs that made the middle class, could finish that in the next hour or economy. We think it is OK to say no two if the majority would agree to since April of 1941. to a $2 trillion expansion of the Federal The American people need our help. allow a couple of amendments to be Government in Washington to create a That is why it is so important that we voted on. new health care entitlement that will pass this legislation and why it is so Having said that, I do have an be financed with higher taxes, Medi- important that we do this in a bipar- amendment on which I think it is im- care cuts, and borrowing from future tisan way. I hope our Republican portant to get a vote, and the reason it generations. We think it is OK to say friends will finally stop saying no and is important to get a vote on it now is no to a $1⁄2 trillion in Medicare cuts say yes to American working families. because we are not going to get many that are going to impact senior citizens This bill provides an additional 14 opportunities. The TARP program ex- across this country. It is also OK to say weeks of unemployment benefits to all pires at the end of this year. If Con- no to the extension of what has become 50 States. That is important to me. It gress doesn’t take steps to end it, the a TARP slush fund, what has become a is important to me because while I do Treasury Department can extend it. political slush fund that is now being understand there are States which The reason that is important is be- used for lots of things for which it was have a lot higher unemployment rates cause the TARP program has gotten than the State of Vermont, the truth is not intended. I do not apologize for saying no to far afield from anything it was de- there is long-term unemployment in 50 bad policies that are going to wreck signed to do. It was designed to sta- States in America, and I believe we the economy, cost Americans jobs, and bilize the economy last year at a very should be extending unemployment for put more and more of our future gen- difficult time. So we voted to extend all of our workers. $700 billion in this authority for the If we do not pass this legislation, by erations at risk because we are sad- dling them with a burden of debt that Federal Reserve to go out, to buy some the end of this year nearly 2 million of these troubled assets in various fi- Americans will see their unemploy- they will be carrying forever into the future. I think it is OK for people in nancial firms. They decided to take eq- ment benefits expire, including some uity positions. 2,000 people in the small State of this Chamber to stand up to bad poli- cies and to say no. I think it is a very different use of Vermont. In the midst of the worst the funds than what many of us in- economic crisis since the Great Depres- I am going to continue to defend the right of my colleagues in the Senate, tended when we voted for it, but that sion, and at a time when long-term un- having been said, it was done to sta- employment is extremely high, we can- whether I agree with them or not. A lot of my colleagues on the other side, bilize the financial system in the coun- not turn our backs on jobless Ameri- try. That was a year ago. I think it is cans by letting their unemployment in- they have things they want to do. fair to say it is not an emergency any- surance expire. That would be driving Some of them I do not agree with. That more. In fact, many of the TARP funds people into the abyss. We cannot do is why we have the Senate. It is to that have been extended are now being that. This bill will allow workers who come here and resolve our differences extended to other types of industries. have lost their jobs during the severe and try to reach common ground if We have seen the auto industry, to the recession to get the help they deserve that is possible. But if there are bad tune of about $80 billion, come in and while they try to find new jobs to sup- things being proposed, I don’t think get TARP assistance. We have seen in- port their families. there is anything wrong with saying The American people are looking to no—to higher taxes, higher health care surance companies get TARP assist- the Congress for help. These are tough premiums, more borrowing, and more ance. We have even seen TARP assist- times all over this country. We cannot debt we are putting on future genera- ance made available to help modified turn our backs on hard-working Ameri- tions. I don’t particularly have a prob- home mortgages in this country to the cans who are trying as best they can to lem with that. tune of $50 billion, on which the Con- keep their families above water. I hope I do think it is important, however, gressional Budget Office says we will we pass this legislation and we pass it that we act on legislation that will cre- never see any return. as soon as possible. ate jobs, that will provide a better, The TARP has become—I hate to call I yield the floor. stronger economic future for people in it a political slush fund. I hate to refer Mr. THUNE. Mr. President, I want to this country, and that will address the to it that way, but at a minimum it speak to the bill before the Senate needs of the people who are hurting be- has become a revolving fund that can

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.044 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10825 now be used by the Treasury for all what my amendment does. I am co- that $300 billion and apply it to paying kinds of purposes. In fact, I think from authoring it with the Senator from down the Federal debt, so that future statements that have been made by the Utah, Mr. BENNETT. But we believe we generations of Americans are not hav- Treasury Secretary, the indications are ought to end the TARP authority this ing their future mortgaged because we they expect to reuse a lot of those year when it is set to expire. If Con- have not been able to live within our funds even after they are paid back by gress is not heard on this, then the means. some of the institutions that have got- Treasury has the authority to extend It is a one-page amendment, four ten assistance. it. lines long. The bill that I am told is So we have the $700 billion TARP au- I wish to at least have Congress being written on health care, which is thority out there. With payments that heard. Congress, after all, created the 1,500 pages, the last version of it that I have been paid back, there is now over TARP fund. It seems to me that if it is heard or saw—we have not seen the $300 billion that is unused. This is going to be extended, Congress ought current version of it. But that 1,500- about $213 billion that was never used. to have a vote on that. As I said, that page bill is being written behind closed And with payments that have now extension or that expiration date is doors. come back from some of the institu- looming. It is December, the end of De- This, on the other hand, is one page, tions that received assistance, there is cember of this year. So if Congress is four lines long—a very simple, a little over $300 billion of unobligated going to be heard, that is going to have straightforward amendment. It would funds in the TARP account. Why is to happen in the very near future. not take us probably but a half an hour that significant? It is significant be- So I wish to see a vote by the Senate to debate it and vote on it. If the ma- cause if we do not use those funds for on whether we believe that TARP jority does not want to have a vote on some other purpose than for which ought to be extended, ought to con- this amendment, I am not sure why, they were intended, those funds will be tinue to be used for all of these other because it would seem to me that the to retire the Federal debt. To me, that ancillary purposes I mentioned that Senate would want to weigh in on one is probably as good a use of funds as we are unrelated to the underlying pur- of the most important issues of the could possibly find right now. pose for TARP when it was created a day, and that is whether we are going We had a deficit last year of $1.4 tril- year ago, and whether we are going to to take some of these unexpended funds lion. We are looking at trillion-dollar say we think it is a priority that we and use them, apply them to paying deficits as far as the eye can see. If the start paying down this gargantuan down the Federal debt. predictions of the Congressional Budg- Federal debt that is growing by the With regard to the debate before us et Office are accurate, in the next 5 day, and the interest payments are on unemployment insurance, it needs years we will double the Federal debt. growing with it. to be extended. There is no debate In the next 10 years we will triple the I wish to see, on this opportunity, about that. In fact, I think there will Federal debt to the point where every this legislation that is moving through be a big bipartisan vote when it hap- American, every household in this here, a vote on whether we can extend pens. country is going to owe $188,000 of debt. TARP. My amendment is one page. In But why wouldn’t we, in the interest So as a young couple gets married fact, it is only four lines long. It is of having a vote, a fair debate and a and starts out in their life together, very simple. It is here for everyone to vote on amendments, allow amend- they are going to get a wedding gift take a look at. It will not take very ments such as this which, as I said, be- from the Federal Government, a big fat long to figure out what it does. I can- cause of the expiration date being De- IOU for $188,000. The best thing we can not imagine why the majority would cember 31, it is unlikely, in my view, do in addition to extending unemploy- not want to have a vote on whether we that Congress is going to get an oppor- ment benefits to people who have lost are going to allow a $700 billion author- tunity, if we do not vote on this now, their jobs and whose coverage is run- ity of the Federal Government to con- to vote on whether a $700 billion ex- ning out is to try to get this debt under tinue to use these funds, why Congress penditure of taxpayer dollars is going control so we are not passing on this would not want to be heard when, in to be extended. And, if in fact, it has enormous liability to future genera- fact, it was the Congress that created served its purpose—and it has not— tions. this program in the first place. then why would we not use that unex- I would argue if we allow this situa- My amendment is very simple. All it pended authority, that unobligated bal- tion to go unabated, if we continue to says is when TARP expires at the end ance to pay down the Federal debt borrow money at the rate we are bor- of the year, it ends. That does not which, I would argue, I think most rowing it today, and we continue mean that the Treasury does not have Americans would agree is one of the racking up debt at the rate we are the authority to wind down some of the most difficult and protracted problems today, it is going to create all kinds of assets in some of the places where it that is going to face the country going economic consequences down the road has already invested those TARP dol- forward. in the form of, perhaps, higher interest lars. Not at all. All it simply says is I guess I would simply say that this, rates; we could see inflation pick up the moneys that are not expended out in my view, is related to the debate we down the road. Nobody sees that in the of that account will be used to pay are having. Because the debate we are near term, but in the long term, when down the Federal debt and no addi- having is about the economy. It is we start having to print money to tional moneys will be extended to about people who have been displaced monetize our debt, and we are paying other programs or other uses. and who have lost jobs and extending back our debt with cheaper dollars, the Some people might say: Well, what if assistance to them, which they need people who are buying our debt are we have another emergency? If we have and which we are all supportive of going to start saying: Wait a minute. I another emergency, Congress can act doing. want a better return on my invest- again. That is what we do. We are the But if you are talking about things ment. legislative branch of the government. we can do to bring greater stability to So the interest rates start to pick up, We have the power of the purse. There the American economy, to provide a and that could have some very disas- is not any reason to think that if for better and a brighter and more secure trous consequences for our economy some reason it became clear that a future for future generations, and to when it comes to homeowners and TARP-like authority was necessary try and get this economy back on small business owners and people who down the road that the Congress would track, I think it would be a great mes- are trying to get student loans. There not take the necessary steps to address sage to send to the American people are all kinds of consequences from this that emergency. that the TARP, which was created for incredible binge of borrowing that we But in the meantime, we have a $700 a specific purpose for a specific time, are on as a country. billion out there which, as people are has accomplished that purpose. We do I think the best we can do if we have making payments back in, are now not believe it ought to become a slush got unobligated funds in the TARP au- going back out. We have got about $300 fund for other activities. The unex- thority right now is use those funds to billion right now of head room in that pended balances in that fund ought to pay down that Federal debt. That is fund. It seems to me we ought to take be used to pay down the Federal debt

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.045 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10826 CONGRESSIONAL RECORD — SENATE October 28, 2009 and to provide a better and a brighter many health care providers in my the taxpayer for them and were paid future for the taxpayers of tomorrow, State, in Texas and elsewhere, simply because of Medicare fraud. unencumbered by a huge mountain of will not accept a Medicaid patient. Defrauding the Federal Government debt that is going to be passed down to What good is Medicaid, what good is and the Federal taxpayers through them if we are not able to get our fiscal Medicare, if you cannot find a physi- their health care programs is so lucra- house in order. cian who is willing to see you? It is not tive that Mafia figures and other crimi- I hope the majority will come around much good at all. nals are getting into the act. According to the view that let’s have a vote, let’s I agree with our colleague, Senator to the Associated Press this month, have a 30-minute or hour debate on a LANDRIEU of Louisiana, who has asked members of a Russian-Armenian crime couple of these amendments. Let’s pass why don’t we fix the two public options ring in Los Angeles were indicted for this bill and be done with it. But it we have now instead of creating a new bilking Medicare of more than $20 mil- seems to me, at least, for some rea- one. This afternoon I wish to talk lion. A week after the FBI issued son—I am not sure what that is—the about how we need to fix another prob- search warrants related to Medicare majority does not want to have a vote lem with our government plans; that fraud in Miami, the body of a potential on what I think is a very consequential is, how we should do more to fight witness was found in the back seat of a issue of our time, and a very con- waste, fraud, and abuse. car, riddled with bullets. sequential issue for the future of this I noted earlier this week that both Violent criminals are moving into defrauding the government and the country. Medicare and Medicaid combined have, I yield the floor. by some estimates, as much as $90 bil- American taxpayer because the risks The PRESIDING OFFICER (Ms. lion lost in taxpayer dollars each year, and rewards look better to them than, for example, the drug trade. According STABENOW.) The Senator from Texas is stolen from the intended beneficiaries to this same AP story, a Medicare recognized. of those two important government scammer could easily net $25,000 a day, Mr. CORNYN. Madam President, I plans. ask unanimous consent to speak for up ‘‘60 Minutes’’ ran a story on this on while risking a relatively modest 10 to 15 minutes. Sunday which included the story of a years in prison if convicted on a single count. A cocaine dealer, by compari- The PRESIDING OFFICER. Without former Federal judge who discovered son, could take weeks to make that objection, it is so ordered. that someone had billed the govern- amount, while risking life in prison. So Mr. CORNYN. Madam President, I ment for two artificial limbs on his be- it is a matter of incentives, risks, and wish to talk about another one of those half, even though he still has the ones rewards. Apparently, the risk of com- consequential issues of our day that we God gave him when he was born. Some- mitting Medicare and Medicaid fraud is have been talking about a lot lately. one is using his name and in this in- so low and so lucrative that it has con- That is health care reform. I wish to stance his billing number in order to tinued to grow and grow and grow. start by asking a question of my col- defraud the American taxpayer. We leagues and anyone who is within the We know vulnerability in govern- ought to be doing more to stop it. ment programs also facilitates drug sound of my voice, and that would be: This morning in the Judiciary Com- abuse. According to a General Account- Before we create a new government-run mittee, we discussed health care fraud. ing Office study of five States released health care plan, why don’t we fix the We listened to some witnesses from the last month, the General Accounting Of- ones we already have? Why don’t we do Justice Department. Basically what I fice found that about 65,000 Medicaid more to fight fraud, waste, and abuse concluded from that hearing is there beneficiaries in these States each vis- in Medicare and Medicaid? are more bad guys than there are good ited 6 or more providers for the same Of course, Medicare is a government- guys, and we are stuck with a lack of type of controlled substance. Each of run plan for seniors. It is part of a com- resources to deal with this. We need to these 65,000 Medicaid beneficiaries vis- mitment we made that people who change the way we approach it to pre- ited 6 or more providers for the same have achieved a certain age will have vent fraud and waste on the front end type of controlled substance. These health care available to them, and that rather than on trying to chase it down controlled substances included Valium, is a commitment we need to keep. Med- on the back end. Ritalin, and various amphetamine de- icaid, conversely, is for low-income in- According to the Department of rivatives. Together, these 65,000 Med- dividuals. It is a State-Federal Govern- Health and Human Services, $32.7 bil- icaid beneficiaries charged taxpayers ment share program. But like a new lion—$32.7 billion—of Medicaid funds $63 million to feed their habits—in just government plan could be dressed up in were consumed last year by waste, 2 years. many different ways, kind of like a fraud, and abuse. That is about 10 per- Sometimes providers aid and abet child on Halloween, like some calling a cent of Medicaid’s total costs, which these drug addicts. The GAO reported government plan a public option, or were $333 billion. that a Florida physician was sentenced some talking about opt-outs, opt-ins, Medicare has similar problems. Medi- to life in prison after writing multiple and triggers, once the mask comes off, care fraud may consume up to 15 to 20 prescriptions for controlled substances what we are left with is plain and sim- percent of the $454 billion in the Medi- to patients who he knew were drug ply another government-run health care budget. According to Harvard Pro- abusers. Tragically, five people died as care plan. fessor Malcolm Sparrow, that means a result of the drugs this doctor pre- When I was on the floor on Monday the amount lost to fraud would be be- scribed. and talking about our current govern- tween $70 to $90 billion each year. We know there is a better way to ment plans, Medicare and Medicaid, I Some of the examples of waste, fraud, deal with the fraud in the two public pointed out the very serious fiscal and abuse should be embarrassing. For options or government-run plans that problems that both of these programs example, between 2000 and 2007, more currently exist. We do not have to ac- have and ones that we should attend to than $90 million of claims were ordered cept the 3- to 10-percent loss in tax- before we go creating another govern- by dead doctors. According to a report payer dollars because of fraud, waste, ment-run plan with perhaps its own set of the Senate Permanent Committee and abuse. That is 3 to 10 percent of the of fiscal problems. on Investigations last year, some of taxpayer dollars. For example, Medicare, which is these dead doctors have been very pro- Let’s just compare that for a second health care for our seniors, has $38 tril- ductive. They have been ordering Medi- to another industry that deals with lion in unfunded liabilities and will go care benefits for up to 10 years. huge amounts of money and millions of bankrupt in 2017 unless Congress acts This past August in Houston the FBI transactions: the credit card industry. sooner. discovered that a doctor and his wife According to the Center for Health Medicaid, we know, has its own share had defrauded health care providers of Transformation, the credit card indus- of problems. It actually reduces access more than $31 million, one doctor and try processes more than $2 trillion in to health care. It promises access on his spouse, $31 million. They claimed to payments ever year from 700 million the one hand but denies that access be- have administered a number of injec- credit card transactions, used at mil- cause of unrealistically low reimburse- tions and other treatments that never, lions of vendors. Yet fraud in that in- ment rates to health care providers. So in fact, occurred but they still charged dustry is a fraction of what exists with

VerDate Nov 24 2008 02:39 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.046 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10827 Federal Government programs. It is at introduced something I call the STOP nance Committee bill, the HELP Com- least 100 times higher. Act, which is called the Seniors and mittee bill, and the House committee Then—more close to home—private Taxpayers Obligation Protection Act. bills has said that Federal controls on health insurance companies do a much This legislation would give Federal health insurance plans will actually better job of fighting fraud, waste, and agencies greater tools and authority to raise premiums. So we need to know abuse than do government bureaucrats. detect waste, fraud, and abuse before how much the Reid bill—that is going I know everyone likes to bash the in- they happen. The STOP Act has bipar- to come to the floor, that has been surance industry, but in this area they tisan sponsors, and I believe its provi- written behind closed doors, that we sure beat any government plan I have sions should be a part of what we do to need to see posted on the Internet—we seen. Fraudulent claims in the private reform our health care system. need to know how much it is going to sector are much lower. They are rough- I had also offered an amendment to cost. We need to know how much it is ly 1.5 percent of all the claims sub- the bill in the Finance Committee that going to raise insurance premiums for mitted, according to a new book called would have made sure we fixed the people who already have health care ‘‘Stop Paying the Crooks,’’ edited by fraud already existing in Medicaid be- coverage. Jim Frogue. This is because the private fore we expanded the program. Specifi- The next question is, How much is it sector operates with a different para- cally, my amendment would have said going to raise taxes on the middle digm, a different strategy. They use a that Medicaid had to reduce its im- class? I know some people around here ‘‘detect and prevent’’ strategy, as op- proper payment rate to 3.9 percent. think you can impose taxes on insur- posed to the Federal Government, That may sound like a lot, and it is ance plans, you can impose fees on which will pay first and then we will still too high, but it is actually the av- medical device providers, you can do chase the crooks later on. Because, as erage of improper payment rates across all of this, and it will be absorbed by I said earlier, there are more bad guys the Federal Government. So my sug- those entities, by those companies, than good guys and our efforts to com- gestion in my amendment was, just be when expert after expert tells us what bat fraud are underresourced, this ‘‘pay average. Yet my amendment was voted we know, what our common sense tells first and chase the crooks down’’ is not down largely along partisan lines. us; that is, those costs will be passed working at all. We need to change that Fraud is not the only problem we see down to the consumer and they will be paradigm to one that more closely fol- in government health care programs, passed down to the taxpayer to pay for lows the private sector strategy of ‘‘de- but it is one reason I am skeptical of them, middle-class taxpayers. How tect and prevent’’ rather than ‘‘pay and the so-called public option or govern- much will this bill raise taxes on the chase.’’ ment insurance companies or govern- middle class? So why isn’t the Federal Government ment takeovers of the rest of the Then I think the American people doing a better job of fighting fraud? We health care sector that they do not would like to know—and this was in heard testimony this morning, as I currently control. It is a serious prob- the Finance Committee bill; we will said, from representatives of the De- lem we ought to address rather than find out, I assume, at some point partment of Justice and the Depart- just creating a new plan with a similar whether the Reid bill does the same 1 ment of Health and Human Services. I set of problems and see 3 to 10 percent thing—there was roughly $ ⁄2 trillion in congratulated them, first of all, for of the amount of money we spend on cuts to Medicare. Yes, that is right. It their service to our country. They have this new program lost to crooks and is the same Medicare plan that is scheduled to go bankrupt by 2017. Yet had some modest successes with other criminals. stepped-up investigations and prosecu- Madam President, 61 percent of the the proposal is, let’s take another half- tions for health care fraud. I say ‘‘mod- American people, in one poll, said they trillion-dollar chunk out of this fis- est’’ because the volume of the prob- believe the issues of fraud and waste in cally unsustainable program, with $38 trillion in unfunded liabilities. We are lem, the enormity of the problem, Medicare and Medicaid should be ad- going to take that, we are going to dwarfs any of their successful efforts. dressed before—before—we create a cannibalize from that plan to create Still, the administration—I will give new government-run program. I believe yet another government plan or a pub- them credit—is trying to get their we should listen to the American peo- lic option, as some like to say around hands around the problem. ple. I believe we should fix the current Regarding Medicaid, for example, the here. government-run programs before we Well, I think these are all important inspector general of HHS released a re- create another one. questions, and I wish I had the answers port in August. He said the data col- So, Madam President, I leave with a to them. I know constituents call my lected by the Medicaid Statistical In- few more questions that I think must office. They write me. They e-mail me. formation System was not timely or be addressed, will be addressed over the They tell me in person: We are pretty accurate enough to help fight fraud, weeks and months ahead. worried about what we see coming out First of all, we know Senator REID, waste, and abuse. Data from the Med- of Washington these days—with the along with help from Democratic lead- icaid Program takes a year and a half spending and the debt, the responsibil- ership, has merged the Finance Com- to be publicly available, by which time ities we should be meeting today, our- mittee bill with another Senate com- the crooks will have already gotten the selves, but which we are kicking down mittee bill behind closed doors and money and escaped, perhaps long re- the road and going to ask our children tired in the Caribbean. sent it to the Congressional Budget Of- and grandchildren to pay for. This morning, the administration fice to be scored or a cost estimate pro- This particular subject is one that told us they were going to conduct a vided. I would like to ask, why can’t we will affect all 300 million Americans. I national fraud summit. I can tell you, see the bill? Why can’t we see the bill? know they will be paying close atten- sometimes having a meeting is a sub- Why can’t the American people see the tion, as they should, to the debate as stitute for doing something about the bill so they can read it for themselves we go forward. problem. So having a summit is fine in online and they can tell us how they Madam President, I yield the floor and of itself, but I do not have a whole will either be positively or negatively and suggest the absence of a quorum. lot of confidence that another meeting affected by the provisions in another The PRESIDING OFFICER. The or summit is going to solve this prob- thousand-page bill? clerk will call the roll. lem. Instead, we need to give the Fed- Secondly, I would like to ask—and I The bill clerk proceeded to call the eral Government—and our law enforce- guess we will find out sooner or later, roll. ment personnel, in particular—and but we do not know now—how much Mr. KYL. Madam President, I ask those custodians of the Federal tax dol- will it cost? Will this be another tril- unanimous consent that the order for lars better tools to be able to solve the lion-dollar-plus bill? the quorum call be rescinded. problem. Third, I would like to know how The PRESIDING OFFICER. Without I have offered a number of pieces of much this bill will raise premiums on objection, it is so ordered. legislation designed to help fight people who already have health insur- HEALTH CARE REFORM health care fraud in Medicare and Med- ance coverage—as virtually every opin- Mr. KYL. Madam President, I wish to icaid. For example, earlier this year, I ion we have heard surveying the Fi- talk for a moment about health care

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.052 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10828 CONGRESSIONAL RECORD — SENATE October 28, 2009 since, hopefully, one of these days we support, things such as medical liabil- The black line on this chart shows the will be able to begin a debate on a ity reform. But what we want to ensure monthly change in the number of jobs piece of national health care legisla- is that our constituents do not have to since January of 2001. The red number, tion. I wish to make it clear that Re- suffer high taxes, high premiums, a bill which is right here, this red area rep- publicans support sensible health care that cuts Medicare and ends up ration- resents 100,000 jobs. That is an impor- reform, but we believe the bill the ma- ing their health care. Americans de- tant number to understand. It is the jority will bring to the floor could cre- serve better. break-even number. Because our popu- ate a whole new set of health care The PRESIDING OFFICER. The Sen- lation is constantly growing, we need problems. We don’t have the specifics ator from New Mexico. to create about 100,000 new jobs every yet, but I think we can be sure that Mr. BINGAMAN. Madam President, I month just to maintain our unemploy- certain things are true. wish to speak about jobs and unem- ment and our employment level. That First, the bill is a Washington take- ployment. I know we are in this period is 100,000 jobs per month just to keep over of health care that will raise postcloture on the effort to extend un- unemployment from going up. Every taxes, cut Medicare by nearly $1⁄2 tril- employment benefits. Frankly, I have time the black line—this black line lion or more, and increase premiums as great difficulty understanding why we you see here—every time that black new taxes on the insurance industry should have to be going through this line is in the red area, which is most of and medical device manufacturers are kind of procedural obstacle in order to the time in the last 9 years, we are not passed on to consumers. This much we extend unemployment benefits to the creating enough jobs to break even and know. Before any bill is considered and many Americans who need those bene- the jobs deficit is getting larger and as we debate the legislation, we think fits. So I hope we can get through that. more Americans are out of work. it is important to remember Americans I hope we can go ahead and pass the ex- As my colleagues can see, for most of have some rights in this process. tension of unemployment benefits. the past 9 years, the number of new They have the right, for example, to Frankly, that does not begin to address jobs has been far short of where it have access to all the specifics of the the overall employment and job needs needs to be. From 2001 to 2004, the jobs bill and to have time to weigh it and to of the country. I think we all recognize deficit grew by 5.8 million jobs. Even give us their reactions, their concerns. that. I wish to talk a little bit about when job creation was above the break- Let’s not forget we function as a result that today. even level—and that is this period of their consent, the consent of the Frankly, we need additional policies where this black line is above the red- governed. to create jobs. Even as Congress and dish area on the chart—even in that pe- Americans also have the right to the President focus on other critical riod, it was never high enough to dig us know what the legislation is going to challenges facing the country, includ- out of the hole we had created in the cost them and their families, including ing health care reform and climate previous years. what it will cost their children and change and energy, at the same time The second chart I wish to show is la- grandchildren 10 or 20 or 30 years from those issues are being discussed, we beled ‘‘The Jobs Deficit.’’ It shows the now. They have a right to know what it need to also prioritize job creation. total jobs deficit that has accumulated will cost the Treasury and how much While there has been considerable de- over the past 9 years. It illustrates the debt will have accrued. By the way, if bate about whether the Recovery Act cumulative effect of 9 years of slow job Medicare is a model for the new Wash- is working, whether it has raised the creation and job losses. The country ington-run health care program, how gross domestic product, whether it is had 132.5 million jobs in December of can anyone believe it is going to be def- creating jobs, most economists tell us 2000. If job creation had kept pace with icit neutral? In fact, I asked people at the Recovery Act has boosted the gross population growth, today we would a townhall meeting: How many people domestic product by 2 to 4 percentage have 143 million jobs, but it has not. here believe you can have a $1 trillion points during the past 6 months. With Today, we are 12 million jobs short of health care bill and not add to the na- two-thirds of the funds not yet spent, that number. The chart shows how that tional debt? Not a single hand, of the Recovery Act certainly has the po- has happened. Today we have only 131 course, was raised. tential to create or save 4 million jobs, million jobs. We actually have fewer We also have the right to know about as the administration has expected it jobs today than we had before Presi- the unintended consequences of the would and as all of us hope it does. dent Bush took office. bill. A lot of my constituents are con- I have divided my remarks into three The takeaway from these charts is cerned because of a Lewin Group pre- parts. First, I wish to describe the this: The job situation for Americans is diction that 119 million people will end scale of the job-creation problem the dismal. Congress needs to act quickly up on the Washington-run insurance country faces. Because of the anemic so new job-creation policies will over- plan. That is of great concern to them, job creation we have seen in this coun- lap with and will complement the re- among other things. They also are con- try over the last 9 years, the economy maining Recovery Act funds that will cerned this will interfere with their sa- is short by about 12 million jobs from be invested this next year. There is no cred doctor-patient relationship. They what we actually need in order to have danger of doing too much to create have a right to have their concerns reasonable employment. Second, there jobs, as I see it. We should learn from taken seriously. is considerable evidence—and this is Japan’s lost decade. Japan was plagued I think one of the guarantees we need the second subject I will address—there by weak economic growth and lack- to give to our constituents is that the is considerable evidence that this re- luster job creation all through the President can keep his pledge not to cession is much worse than it was ex- 1990s. Its lost decade, as that period is raise taxes on the American people, as pected to be. Critics of the Recovery referred to, was caused by the bursting he pledged not to increase taxes by one Act are missing this fundamental of an asset price bubble similar to what single dime on middle-income Ameri- point. The Recovery Act is working, triggered the financial crisis we experi- cans. Yet as we read the legislation but the recession is more severe than enced last year. The primary lesson that has come out of the various com- the Recovery Act was designed to ad- from Japan’s lost decade is, intermit- mittees, taxes are raised on Americans. dress. Accordingly, we need to do more. tent stimulus policies are ineffective. Republicans will insist on these pro- Finally, I will propose four ideas to We need to take sustained and over- tections, these guarantees for our con- create jobs I think Congress should whelming action to reenergize our stituents: protections from increased hold hearings on and fully debate. economy. premiums, from Medicare cuts and These are, by no means, the only good Let me speak for a moment about the from increased taxes and, perhaps most ideas, but given the size of the problem current recession and data about the importantly, protection from rationing we face, Congress should consider all current recession. In January of this of health care, the delay and denial of ideas that have a potential to create year, the prospects for the economy care that comes from things such as jobs. were truly grim. The country had lost Medicare cuts of $1⁄2 trillion. I have two charts that illustrate the jobs in every month in 2008—over 3 mil- We support legislation that features scale of the job-creation problem. Let lion jobs in total. Over 1.6 million jobs cost-saving measures Americans can me start by putting up this first chart. were lost in just October, November,

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.053 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10829 and December of 2008. The financial be. More jobs have been lost than The second idea I want to mention is system had suffered a massive self-in- economists predicted. I say this not to the possibility of enacting an invest- flicted wound, causing the biggest cri- disparage those professionals, only to ment tax credit for manufacturing. sis since the Great Depression. The point out we need to do more to create Such a credit would subsidize the cost prognosis was far from clear. American jobs because the situation is worse of building new factory space or pur- families in every State were worried than almost anyone thought it would chasing new machinery. This credit about their jobs, their homes, their be. could be tied to research and develop- children’s futures, and economists were The Recovery Act is working, but the ment that has been done in the United making dire predictions about what problem is bigger than the Recovery States in order to ensure Americans would happen in 2009. Act was designed to solve. We must all get the maximum benefit from that So that was what was happening recognize this. Congress and the ad- R&D or the credit could be more broad- when we began January of this year. ministration need to work together to ly designed and made available for all Yet, in January, while the Recovery enact additional policies to create jobs. manufacturing investments. Manufac- Act was being designed, these pre- We need a combination of policies both turing jobs are critical to the long- dictions still substantially underesti- to encourage hiring and to increase the term health of our economy, and we mated how bad the recession would demand for goods and services. need additional policies to create those I want to talk briefly about four turn out to be. The 54 economists regu- jobs. ideas that have been proposed that larly surveyed by the Wall Street Jour- Third, we in Congress need to con- nal said, on average, gross domestic Congress needs to look at, and look at them hopefully sooner rather than sider providing additional aid to product would shrink by 3.3 percent in States. This could be accomplished the first quarter of 2009. There were later. First is a job creation tax credit. through the expansion of the Federal only 4 of those 54 economists who pre- Last week, the Economic Policy Insti- role or the Federal share of Medicaid, dicted the gross domestic product tute released a new and noteworthy as we have done in the past. It could be would decline by as much as 5 percent. version of this idea, developed by John done through additional education Yet now we know the economy actu- Bishop of Cornell and Timothy Bartik funds or other direct grants. The Re- ally contracted by 6.4 percent in that of the Upjohn Institute. The EPI pro- covery Act included $144 billion in aid first quarter, twice as much as the poses to give businesses a tax credit to States and localities, but now we economists had projected. Over the en- worth 10 to 15 percent of the cost of know the total budget shortfall of tire year, that is a difference of $420 creating new jobs. Such a credit would States is projected to be nearly $360 billion or more than half the size of the help businesses choose to take the risk billion over the next 2 years. Thirty- Recovery Act. of expanding and hiring more workers. nine States will face budget shortfalls The effect on jobs and on unemploy- The authors estimate their job cre- in 2011. Without additional help, States ment was also underestimated. This ation tax credit would create 2.8 mil- will have to cut services and raise same group of 54 economists thought lion new jobs in 2010 that would not taxes, making the recession worse and job losses would average 154,000 per otherwise be created. In addition, 2.3 slowing job creation even more. As month in 2009. There were only 3 of million jobs would be created in 2011 Nobel laureate Paul Krugman has writ- those economists who thought it would under their proposal, as they predicted, ten, there is a real danger that the be more than 300,000 per month. So far for a total of 5.1 million new jobs over States will become ‘‘50 little Herbert this year, the country is losing, in fact, a 2-year period. Their proposal is to put Hoovers’’ by cutting back on spending, an average of 458,000 jobs every this job creation tax credit into place laying off workers, and raising taxes month—3 times more than economists for 2 years. According to EPI, the cost all at the worst possible moment. En- predicted. to taxpayers for each job would be be- acting additional aid to States could In January, these same 54 economists tween $4,600 and $15,000. That is expen- have immediate benefits by curtailing thought the unemployment rate would sive, but it is well worth considering if plans to cut State programs. Direct aid be 8.2 percent in the first half of 2009. their analysis is correct. to States would complement the new Mark Zandi, at Moody’s economy.com, Critics say the job creation tax credit tax credits I have mentioned. It would estimated unemployment would be less will not work, that only more demand be a fast, effective way to stabilize and than 7.5 percent in the first quarter of for a business’s products and services increase demand for goods and services. 2009 and 8.5 percent in the second quar- will cause the business to hire more Finally, Congress should explore the ter if the Recovery Act was not en- employees. While there is some truth acted. The administration said, if the idea of providing emergency bridge to this, it is also the case that entre- loans to families to help families stay Recovery Act was not enacted, unem- preneurs frequently start new busi- ployment would be less than 8 percent in their homes. The government did nesses or expand existing businesses provide bridge loans to Wall Street. in the first half of this year and would before having a steady stream of new peak at 9 percent in 2010. Those were American homeowners should get the orders. This is the fundamental idea same assistance. The amount of the the estimates if the Recovery Act was behind innovation. In other words, not enacted. Yet we now know the un- loan would be equal to up to 2 years of businesses often create new jobs before mortgage payments and could be re- employment rate was already 8.1 per- there is a confirmed increase in de- paid over 10 or 15 years. These bridge cent in February. It grew to 8.5 percent mand. Moreover, a similar but more loans would also complement the job in March and 9.5 percent in the second difficult-to-use tax credit was enacted creation tax credit and the manufac- quarter. Even with the Recovery Act, in 1977 and is thought to have created turing investment tax credit by pre- the unemployment rate is worse than 700,000 jobs by the end of 1978. anyone predicted it would be without Critics also say that businesses will venting a fall-off in the demand for the Recovery Act. use tricks to game the system and consumer goods and services. Senator In January, the administration said fraudulently claim the tax credit. This Jack Reed and Congressman Barney that enacting the Recovery Act would is certainly possible. If Congress pur- Frank have proposed similar ideas to keep the unemployment rate below 8 sues this idea, we need to take care to provide bridge loans to homeowners. percent. Critics are trying to score po- design the credit to eliminate that All of these ideas should be fully dis- litical points based on that estimate. problem. Already the authors of the cussed and considered. But as I have said, the unemployment proposal recommend that the credit be Over the longer term, Congress and rate was already 8.1 percent in Feb- based on the increase in a business’s the administration need to consider ruary, when there had hardly been Social Security wage base, so that a proposals that address the structural enough time for the ink to dry on the business could not fire and rehire em- flaws in our economy, including re- Recovery Act, let alone for the stim- ployees in order to claim the credit. forming financial regulation, fixing our ulus funds to be obligated and spent. Some of these criticisms may be unemployment compensation system, In short, with perfect hindsight, it is valid, but there is enough promise in so that it assists more workers in our obvious this recession is much worse this idea that we need to take the time economy, and creating additional than economists had predicted it would to fully explore and consider it. countercyclical economic policies that

VerDate Nov 24 2008 01:55 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.054 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10830 CONGRESSIONAL RECORD — SENATE October 28, 2009 would automatically be triggered dur- et. And then, with the upper part here, POLICY CZARS ing a recession. I hope to discuss some the capsule looks a lot like the old Mr. ENSIGN. Madam President, I rise of these issues in the coming weeks. Apollo capsule, but instead holding six today to talk about the growing num- The four proposals I have outlined or seven astronauts instead of the ber of so-called policy czars in the cur- today are ideas that could create jobs three in the Apollo—the crew being rent administration and the impact it in the short and medium term. Con- known as Orion. And then we have the is having on the Senate’s oversight gress should hold hearings on these and escape rocket, these rockets here, so function over the executive branch. other job creation proposals. We should that if you had a malfunction and ex- I will begin by saying that I am not act quickly to address this issue. If the plosion at any time in the first couple here to question the President’s con- trend this year continues, another of minutes of flight, you could eject stitutional or statutory authority to 15,000 jobs will be lost each day we the capsule with the humans on board, name advisers. I think we all can agree wait. If we do nothing, unemployment and it would parachute back. We don’t that the President is entitled to sur- is projected to climb past 10 percent have that capability, for example, in round himself with experts to help co- next year, more families will lose their the space shuttle today because, for ordinate policy and to provide advice. homes, our economy will grow weaker, the first 2 minutes of flight, you are However, as many of my colleagues are making it more difficult for the United basically married to those solid rocket aware, there are some 18 new policy ad- States to compete in the global mar- boosters. If anything goes wrong, there visers, or czars, in the White House ket. Even as Congress continues work- is no escape possibility on the space whose job descriptions may be a bit ing on other strategic challenges such shuttle. The new rocket is designed so blurred. as health care, energy, and climate that it has that increased safety factor. While some media reports cite more change—and I support taking action in What I wanted to point out to the than 18, I think we can reasonably say those areas—we must give renewed pri- Senate is that, with this success that there are at least 18 new positions ority to job creation in order to today—and there is some question that have not been established by stat- strengthen the long-term competitive- about whether it is this rocket—the ute, are not confirmed by the Senate, and have not existed before. ness of the United States and the pros- President will decide, along with his Early in his administration, Presi- perity of the American people. NASA administrator, Marine GEN dent Obama sent a memorandum to the I yield the floor. Charlie Bolden, whether they want to heads of the executive departments and The PRESIDING OFFICER. The Sen- complete this rocket in its present ar- agencies stating that ‘‘a democracy re- ator from Florida is recognized. chitecture, as the way for us to get quires accountability, and account- Mr. NELSON of Florida. Madam into space after the space shuttle has President, I ask unanimous consent ability requires transparency.’’ shut down or if they want some other Despite this charge, the President that I be able to have a facsimile of the kind of configuration. has taken it upon himself to nominate successful rocket test brought onto the But the fact is we had a very success- a number of advisers who appear to floor for demonstration purposes. ful test today. What I want to say to wield a great amount of power and who The PRESIDING OFFICER. Is there the Senate is that it is another exam- are seemingly without public account- objection? ple of the ability of this country and ability. Without objection, it is so ordered. its people, in science and technology, I am not the only one who is con- Mr. NELSON of Florida. Madam in its engineering prowess, in its can- cerned with this lack of accountability. President, I ask unanimous consent do spirit, in its ability to build on expe- We have seen members of the Presi- that the Senator from Nevada be able riences that we have had in the past, in dent’s own party express concerns over to follow in the order. He was kind order that we can create machines we this unusually high number of policy enough to let me go ahead so I might can marry up with humans and explore advisers in the White House. be able to then sit in the chair and pre- the unknown. In February of this year, Senator side at the appointed hour. Most every child in America in ROBERT BYRD, the constitutional con- The PRESIDING OFFICER. Without school knows of the Hubble space tele- science of the Senate, wrote to the objection, it is so ordered. The Senator scope. That was put up by an astronaut White House and said: from Florida is recognized. crew. Remember, its lens had been er- The rapid and easy accumulation of power SUCCESSFUL ROCKET TEST roneously ground, and it was blind by the White House staff can threaten the Mr. NELSON of Florida. Madam once it was put up. We had to send a constitutional system of checks and bal- President, this is a facsimile of the second astronaut crew up in a space ances. rocket that was a successful test shuttle, retrieve it, put new glasses on Like the senior Member of the Sen- today, called the Ares I rocket. The it, and they have had three servicing ate, I too am concerned that the test flight was the Ares IX—X for ‘‘ex- missions on the Hubble space telescope Obama administration is creating what perimental.’’ It wanted to show all of over the course of the last decade and can be perceived as a shadow Cabinet the flight control systems. It was an a half. Of course, Hubble has peered out by creating policy positions that do exceptionally successful test. It was into the unknown, back to the origins not follow the same advice and consent only intended to go into suborbit. of the universe, to the light that was of the Senate as other relevant policy The stages that were live were the emitted shortly after the big bang. And positions in the White House. first four of the five stages of the solid with the new upgrades to the Hubble In September, Senator FEINGOLD, the rocket booster, which presently are space telescope, we are even going to chairman of the Constitution Sub- identical to the solid rocket boosters— be able to look back further in time in committee of the Senate Judiciary the two big candlestick-type things on the universe. This is the prowess, the Committee, sent a letter to the White either side of the space shuttle orbiter genius of America. This is what we do House requesting information on the and the big external tank, what makes not want to give up. roles and responsibilities of the czars up the stack that we refer to as the I congratulate the team at NASA for in question. His letter was specifically space shuttle. the tremendous success they had focused to ensure that these advisers In the design of the new rocket that today. Whether it is this rocket for the are not in violation of the appoint- was extraordinarily successful today, future or some other derivative, Amer- ments clause of the Constitution. they have added a fifth segment. In- ica has exhibited her can-do and suc- Article II, section 2 of the Constitu- stead of that being loaded with solid cessful spirit again this morning. tion says the President ‘‘shall nomi- propellant—which, by the way, has the I yield the floor. nate, and by and with the Advice and consistency of a pencil eraser—a The PRESIDING OFFICER. The Sen- Consent of the Senate, shall appoint dummy fifth stage was constructed, ator from Nevada is recognized. Ambassadors, other public Ministers with the same weight and flight char- Mr. ENSIGN. Madam President, I ask and Consuls, Judges of the supreme acteristics, along with the second stage unanimous consent to speak as in Court, and all other Officers of the of the rocket—again, designed and con- morning business. United States, whose Appointments are figured and weighed to be exactly what The PRESIDING OFFICER. Without not herein otherwise provided for, and would be the second stage of the rock- objection, it is so ordered. which shall be established by law. . . .’’

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.055 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10831 Unfortunately, because we know so form markup that will require the czar will improve people’s quality of life, little about the roles and responsibil- handling health care issues be subject but it will also lower the cost of health ities about the czars in question, it is to Senate confirmation. My amend- care for all Americans. simply not possible to determine ment was defeated on a party-line vote. Let’s enact real medical liability re- whether the czars are actually officers What is the answer? How can Con- form to stop the practice of defensive and, therefore, constitutional. gress and the American public feel con- medicine which, once again, will lower In response to Senator FEINGOLD’s fident the people who are appointed by the cost of health care in the United letter to the administration last the executive branch are appropriately States. It will save the government month, the White House claimed that carrying out the duties they are sup- over $50 billion, and it will save the pri- the one and only role of the 18 posi- posed to? vate sector a similar amount, and tions in question is to advise the Presi- More importantly, how can we be these are both conservative estimates. dent. Yet when we look at the press re- sure the balance of power does not get Lastly, instead of taking $400 billion leases and Executive orders announc- out of balance? I think we all have the out of Medicare to fund a new entitle- ing these policy advisers, they seem to right to know exactly what these pol- ment program, let’s work on getting have far more authority than strictly icy czars are doing, to whom they are the fraud out of Medicare and let’s use advising the President. reporting, and who is responsible and that savings to preserve that system Take, for example, Executive Order accountable if something goes wrong. that has been so incredibly important No. 13507 on April 8, 2009, announcing If the President can answer these for seniors for the last several decades. the establishment of the White House questions for us, I think we will all feel I believe we need to start over. We do Office of Health Reform. The order better about this process. need to take a bipartisan approach to states the office, run by a director, will HEALTH CARE REFORM health care reform. We need to actu- ‘‘develop and implement strategic ini- Madam President, I wish to talk ally forget about whether we are Re- tiatives’’ and ‘‘work with Congress.’’ briefly about the health care reform publicans or Democrats and let’s just Is it not the role of the Secretary of bill that is going to be coming before be Americans. Let’s sit down together Health and Human Services to imple- this body in just a couple of short ahead of time, not based on ideology ment strategic initiatives? In the weeks. but based on what systems can work in White House press release announcing There are certain facts that we know. America for the American people to key members of his energy and envi- We have not seen the bill because it achieve better quality, lower costs in ronmental team, President Obama an- has just been written and given to the our health care system today that puts nounced that Carol Browner, the new Congressional Budget Office for the of- the patient at the center of our health Assistant for Energy and Climate ficial scoring to be done. What we do care system instead of a government Change, would be ‘‘indispensable in im- know about the bill, though, is that bureaucrat or an insurance company. plementing an ambitious and complex there is over a $400 billion cut in Medi- I yield the floor. energy policy.’’ care. We know that. We know that peo- The PRESIDING OFFICER (Mr. NEL- Again, the administration is leaning ple who currently have health care, SON of Florida). The Senator from Ari- on its newly created czar positions to their premiums will go up. That is ac- zona. implement policy. This question of pol- cording to the Congressional Budget Mr. KYL. Mr. President, I ask unani- icy implementation was brought up Office. We know for many Americans— mous consent that at the conclusion of during a hearing last week in the and mostly this will fall on people my remarks, the Senator from Penn- Homeland Security and Governmental making less than $250,000 a year—their sylvania, Mr. CASEY, be recognized. Affairs Committee which I attended. taxes will go up. We know also there The PRESIDING OFFICER. Without Senator COLLINS, who also wrote the will be government bureaucrats mak- objection, it is so ordered. White House with others in September ing decisions on health care. We also Mr. KYL. Mr. President, I thank him questioning the increasing number of for his courtesy in allowing me to pre- czars in the administration asked the know people who currently have poli- cede his remarks this evening. panel of constitutional law experts cies they like, especially those who about the issue of implementing pol- have Medicare Advantage, millions will HEALTH CARE REFORM icy. lose their current policy because over A little more than a year ago, Presi- Dr. James Pfiffner, a university pro- $120 billion is being taken out of the dent Obama said: fessor at George Mason’s School of Medicare Advantage Program. I can make a firm pledge. Under my plan, Public Policy, testified that ‘‘with re- We need to ask ourselves a couple of no family making less than $250,000 a year spect to the implementation of health very fundamental questions. Does any- will see any form of tax increase. Not your policy, I think that’s very troubling.’’ one really believe we can have a tril- income tax, not your payroll tax, not your Lee Casey, a former attorney-adviser lion-dollar health care bill and not add capital gains taxes, not any of your taxes. in the Office of Legal Counsel at the one dime to our deficit, as the Presi- We have not seen the bill yet—the U.S. Department of Justice, testified dent promised? Does anybody seriously bill written in the majority leader’s of- that ‘‘by law,’’ these czars ‘‘cannot im- believe that? How does adding a gov- fice—but it is probably fair to assume plement.’’ Casey did suggest, however, ernment-run plan, this so-called public that the Finance Committee bill will that Congress could ask what the ad- option, which mirrors the Medicare cover most of the tax provisions. ministration means by ‘‘implement.’’ Program, actually fix the health care So how does the President’s commit- I believe that is the true question problem when Medicare itself is going ment fare under the Finance Com- here. What exactly are these czars bankrupt? mittee bill? It turns out that the bill doing? Are they simply advising the Everyone agrees Medicare is going will raise your taxes. In fact, it will President, or are they actually imple- bankrupt. Yet we want to add a new raise them in several ways. menting policy? government entitlement program into First, the Finance Committee bill A few of my colleagues have come to our health care system? That is going would levy a host of new taxes on mil- the Senate floor to offer amendments to fix the problem? lions of Americans—and I am not just prohibiting funds to these czars if they Do the American people really trust talking about the wealthy—in fact, pri- are directing actions to the Cabinet of- Washington, politicians, and bureau- marily on middle-income Americans ficials who have been confirmed by the crats to run their health care system? who I think will tell you they already Senate. Other amendments would en- I believe we need to design a patient- have enough taxes to worry about. sure that the czars will respond to rea- centered health care system instead of Let me discuss the specific elements sonable requests to testify before Con- a government system or an insurance of this bill. The first one is on taxing gress, therefore, allowing our proper company system. Let’s design a health flexible savings accounts. Under cur- oversight in this body. Unfortunately, care system which makes health care rent law, employees can make con- these amendments were defeated on more affordable and more accessible by tributions to flexible spending ac- procedural grounds. encouraging people to make healthier counts. Many middle-income families I even offered an amendment during choices, such as quitting smoking, eat- enjoy the benefits of these accounts the Finance Committee’s health re- ing better, and exercising more. That which allow them to set aside tax-free

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.057 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10832 CONGRESSIONAL RECORD — SENATE October 28, 2009 income for their medical expenses. In health care—not to raise taxes on mid- tors, all the other sectors are hurting— fact, the Employers Council on Flexi- dle-income Americans. The American Dauphin County, 8.4 percent—right ble Compensation estimates that the people have a right to expect some where the capital is; Cumberland Coun- median income for those 35 million guarantees from Washington. Keeping ty, 7.2 percent; Lebanon County 7.4; Americans who have an FSA is $55,000. the President’s promise on tax in- Perry County, 8.8. The bill would limit their contribu- creases is one of them. But that is not For some parts of our country, one tions to $2,500. So the less they can the direction in which this bill is mov- might say: Well, 7.2 or 7.4 sounds a lot contribute, the more their taxable in- ing. This bill would increase taxes on better than a lot of communities. But come rises. The total cost for tax- working families, seniors, and the you have to put it in the context of payers? It is $15 billion over 10 years. chronically ill by more than one-half this region of Pennsylvania, where the The Finance bill would also tax many trillion dollars over 10 years. Repub- unemployment rate is usually at 4 or 5 Americans through their insurance licans have better ideas, starting with percent. So we are way above that now, plan by imposing a 40-percent excise protection from taxes and premium in- and it is in places where we don’t ex- tax on certain high-cost plans. So creases. The whole point of health care pect it. while another part of the bill taxes you reform is to make things better for Unfortunately, in Pennsylvania, as I if you don’t buy insurance, this provi- American families. These taxes only am sure is true in many States—in the State of Florida, the Presiding Offi- sion will tax you if you buy too much. make things worse. So tax No. 2, if you don’t buy insur- The PRESIDING OFFICER. The Sen- cer’s home State, I am sure he sees ance; tax No. 3, if you buy more than ator from Pennsylvania. this—this isn’t limited to big urban Washington thinks you should. Mr. CASEY. Mr. President, I rise to areas. Philadelphia has a lot of unem- Tax No. 4, Americans who suffer cat- speak about the unemployment insur- ployment, but there are small rural astrophic illnesses and the chronically ance issue and the bill that is before counties in northwestern Pennsylvania ill would face a harmful change in the the Senate. and now we see even in south central IRS Code, the Tax Code. Currently, Sometimes in a bad economy and Pennsylvania that are hurting. And in catastrophic medical expenses are de- when we have so many families, so some places, it is not just 7.2 or 7.4 but ductible if they exceed 7.5 percent of many communities that are hurting, 11 and 12 and 13 percent in a very small area in terms of population. income. The bill would raise that maybe the best way to convey informa- So these job figures and these head- threshold to 10 percent. Mr. President, tion, other than a personal story, is in the few words of a headline. Unfortu- lines tell the whole story. And we know 87 percent of Americans who would be now, just as we knew weeks ago, that hit by this tax earn less than $100,000 a nately, in Pennsylvania today—and I am sure this is true in many commu- the Senate has stalled too long on pro- year. Seniors, who already face hard- viding an extension of unemployment ships through Medicare cuts, would be nities throughout the country—the headlines in just the last 24 or 48 hours insurance. Think of it this way: Each exempt from this tax for only 4 years. day, 7,000 Americans lose their unem- have told the whole story or at least In addition to raising these four ployment benefits. Over 23,000 Penn- most of the story. taxes, the bill taxes insurance which sylvanians have lost unemployment in- would be passed on to everyone who This is a headline you may not be able to see clearly, so I will read it. surance just through the month of Sep- buys health insurance. Specifically, tember, and that number is expected to the bill would impose an annual $6.7 This is from the Times Tribune, my hometown newspaper. This was from go to over 60,000 by the end of the year. billion so-called fee on the insurance Pennsylvania ranks fifth highest in the industry. The entire amount collected yesterday: ‘‘Jobless rate hits 9.5 per- cent.’’ The subhead says: ‘‘Regional un- Nation with respect to the number of by this tax: $67 billion over 10 years persons who will lose unemployment employment reaches highest level would be passed on to patients in the benefits by the end of the year if the since December ’93; highest in 15 years form of higher premiums, according to Senate and the Congress overall do not in northeastern Pennsylvania.’’ Then the Congressional Budget Office. That act. is tax No. 5. we go to southwestern Pennsylvania— As I mentioned before, our statewide The bill would also impose a new tax Pittsburgh and that region, some 5 unemployment rate is about 8.8 per- on medical devices, $40 billion over 10 hours by car from where I live—and cent. Someone living in another State years. The entire cost of this tax, too, this is what the Pittsburgh Post-Ga- might say: Well, that is not nearly as would be passed on to patients in the zette said on the same day, October 27: high as this State or another State. form of higher premiums, according to ‘‘Region’s jobless rate hits 23-year high But 8.8 percent in Pennsylvania means the CBO. in southwestern Pennsylvania.’’ That roughly half a million people are un- The medical device tax will be as- is a part of our State that has been hit employed. And there are some people sessed against thousands of products hard over a couple of decades now by here in the Senate who say: Well, we such as contact lenses, stethoscopes, the loss of manufacturing jobs and shouldn’t act on this now. We don’t hospital beds, artificial heart valves, steel jobs. We know that tragic story. have time for it. We don’t think it is and advanced diagnostic equipment, So a corner of the State that was doing important to act. Well, I would like to thereby increasing costs for consumers, much better than the national average have them say that to the half million physician practices, hospitals, and the is having its numbers go up. North- people in Pennsylvania who are out of sickest patients who require the most eastern Pennsylvania is at a 15-year work or the tens of thousands right care. high and southwestern Pennsylvania is now who are losing their unemploy- There is serious, bipartisan concern at a 23-year high in unemployment. ment insurance month after month, over this provision. But the last time But this last one might tell the story week after week. we looked, it is still in the bill. even more graphically for those who The legislation that is before the So here are six ways Americans earn- have a sense of the Pennsylvania econ- Senate would provide needed relief by ing less than $250,000 will be taxed, con- omy. This is from the Harrisburg Pa- extending benefits to all States by 14 trary to the President’s promise. Some triot-News. This is from our capital weeks. At the expiration of those 14 are direct taxes, such as the IRS tax if city, Harrisburg, but it is in a region of weeks, if a State has an unemployment you don’t buy the exact insurance pol- the State that is more south central rate of higher than 8.5 percent, it icy Washington says you must. Others Pennsylvania, which has had a lower would receive an additional 6 weeks of are indirect but a tax nonetheless be- unemployment rate historically and unemployment insurance benefits. So cause the first target, be it the device more recently. ‘‘Jobless rate in region it contemplates an extension for every- manufacturer or the insurance com- hits 26-year high.’’ The subhead reads one by 14 weeks and then additional pany, will, according to the CBO, pass as follows: The midstate is faring bet- help if a State is above the 8.5-percent it on directly to you. ter than the State as a whole and the level. The bottom line, Mr. President, is Nation, but we are still hurting. Pro- I have to commend the work of our that the tax provisions in the bill will, fessional and retail jobs disappeared majority leader, Senator REID, who has in fact, violate a fundamental promise while health care and education held made this a central focus, as it should President Obama has made about steady. But other than those two sec- be, in the midst of a recession.

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.058 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10833 One of the biggest challenges we face unanimous consent, and the Repub- to do. Thousands of Americans have in the midst of a recovery—even the lican side of the Senate blocked it both withdrawn their last dollars from their beginnings of a recovery—is that you times. We could have had this done savings accounts over the past 20 days. don’t see the unemployment rate get weeks ago but for one reason: the Sen- Thousands of Americans have been much better. You don’t see the jobless ate Republicans blocking the unem- wondering for the past 20 days how number come down. The unemploy- ployment extension going forward. they are going to provide a meal for ment figure is often the last number to It is tragically and I think painfully their families or keep a roof over their come down during a recession. But for ironic that we are having to face this head, pay the mortgage, pay the bill an economist or a Senator or anyone difficulty with our Republican col- for their electricity, or make an invest- else to say: Well, the unemployment leagues because I keep hearing the fol- ment in their children’s future. rate is a lagging indicator, that is not lowing argument in the context of an- Every day for the last several weeks, much comfort to someone who is out of other topic. We are having an argu- Jackie, from Monaca, PA, out in south- work, and it is not a very good reflec- ment as to what our President should western Pennsylvania, which, as I said, tion on the urgency of the problem. So do with regard to our policy in Afghan- is suffering a 23-year high in unemploy- we have to be concerned with the un- istan and Pakistan. We hear people on ment, has called our office. She is won- employment rate even in what we hope the other side of the aisle, and pundits dering whether we are going to pass a is the beginning of a recovery. around Washington, saying the Presi- bill. Her benefits expired at the end of Even though our economy has shown dent has to decide on Afghanistan right September. So this isn’t theoretical to promising signs of a recovery, which I now. They were saying that 3 or 4 or 5 Jackie and to her family and to many just spoke of, the rate of unemploy- weeks ago. They didn’t want to give people like her. She used the last of her ment is far too high. In order to boost him more than a few days to decide on savings to pay her rent at the begin- our economy, passage of this unem- what our policy should be. I have a ning of the month and now is strug- ployment extension would benefit so strong disagreement with that. I think gling to get by on nothing—nothing many communities. when you are committing men and right now. She waits every day to see if Another way to look at this is not women on a field of battle, you ought we will provide her with just a life- just from the vantage point of the most to have a policy that you have thought line—not some handout, not some important thing here, which is helping about and where all the options are promise, but a lifeline to get from here those who are unemployed, though analyzed and reviewed thoroughly, to there, to get her over the bridge, so that is reason alone to get this passed, completely, and with the kind of scru- to speak, from where she is now to but also what we will get for the rest of tiny we should apply to that question. where she hopes to be in a couple of our economy, the kind of positive im- Some Republican Members of the Sen- weeks or months. She looks for work pact it has. It certainly has a positive ate wanted to move very quickly and and she tries to keep up with her bills, impact for someone out of work—that wanted to have the President decide in but her story is similar to that of thou- is obvious—for his or her family and a matter of days—not weeks but days. sands of others who have been directly their community. But there is another They wanted him to make up his mind impacted by the Senate Republican way to measure it as well. Moody’s on Afghanistan in days. Yet when we blockade. It is vitally important we chief economist, Mark Zandi, who is went to them with the sense of urgency pass this legislation right now. not a partisan either way, is a skilled about unemployment insurance and an Finally, I will conclude with a com- and capable economist who says that extension of that, where you can lit- ment about health care in the context every dollar spent in unemployment erally document the impact of a delay of the unemployment rate and our benefits generates $1.63 in new demand. on real people’s lives and real jobs and economy. In addition to the obvious So if you spend $1, you get $1.63 back. real communities across our country, problem with unemployment insurance There is a return on investment for the many of them in Republican commu- benefits that we should pass and get overall economy when we target re- nities, what do we hear from the other done, a lot of people are losing their sources for unemployment insurance. side? No, we don’t think we want to do health care at the same time. The re- The Congressional Budget Office, that right now. covery bill, the bill we passed and the quoted widely in our health care de- So they want what I think is a kind President signed back in March, the bate, has also stated that unemploy- of dangerous and, I would argue, irre- Recovery and Reinvestment Act, pro- ment benefits are one of the most cost- sponsible speed on a decision about vided a subsidy of 65 percent, where an effective forms of economic stimulus. I war, the grave question of war, but individual pays 35 percent of the cov- mentioned some of the rates through- they want to delay and block and be an erage for so-called COBRA coverage for out Pennsylvania, throughout both impediment to an extension of unem- those who were involuntarily termi- urban and rural areas. All of these ployment insurance, which is an urgent nated from their job. This subsidy only communities—whether a small town, a problem. We can document exactly the lasted for 9 months and is expected to rural area, suburban or urban area— number of people who are running out expire at the end of the year. would benefit by keeping our citizens of their unemployment insurance. We Following passage of an unemploy- at work and not facing the threat of can document the exact number of peo- ment insurance extension, we should joblessness. I think it also helps our ple who are out of work in a State or in also, in addition, push for an extension overall economy. a community. of the COBRA health care subsidy. If We have tried to move the unemploy- So I think they have it backward. I we pass an unemployment insurance ment extension through the Senate think when it comes to a question such extension and do not provide an exten- two times by the so-called unanimous as the President is facing regarding Af- sion of COBRA health care subsidy, consent process. A lot of things move ghanistan, he should take a couple of Americans who are out of work will through the Senate by agreement on weeks to analyze it, and thank good- have to decide between using their un- both sides. So you would think that ness he has. But on unemployment in- employment check to pay for a drastic would be the case in the midst of a re- surance, I think it is a much simpler increase in their monthly premium or cession, in the midst of these unem- question: We are either going to extend no health insurance, no health cov- ployment numbers, in the midst of it now and help people who are out of erage at all. I urge the Senate to swift- week after week of bad news on jobs. work or not. And I think it is long ly pass not only the unemployment ex- And we know the unemployment rate overdue for the Republicans in the Sen- tension but, when we get to it in the doesn’t choose between a Republican ate to release their hold or their block- next couple days or weeks, an imme- area and a Democratic area. The unem- ade of this. diate extension of COBRA and health ployment rate does not have a Repub- So we tried on October 8, and now it care. lican or Democratic flavor to it. Every- is late October. Over 140,000 Americans We have to do both to protect people one is out of work no matter who they have lost their coverage in the past 20 from the ravages of this economy are or of what party. But what has hap- days—140,000 Americans—because we which, as I said before, knows no party, pened? We tried to move the unemploy- have people on the Republican side of which is not a partisan issue. It is an ment extension through the Senate by the aisle blocking what we have tried issue that affects all of America, urban

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.059 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10834 CONGRESSIONAL RECORD — SENATE October 28, 2009 and rural, big city and small town. We a joint Federal-State financial respon- health insurance exchange, where there have to continue to push hard. I urge sibility. Generally, that split is about is competition and where there is no my colleagues on the other side of the 55 percent of Medicaid paid by the Fed- barrier if you have a previous existing aisle, the Senate Republicans, to allow eral Government and 45 percent paid by condition; so you have a guarantee you this to go forward because, if they do the State government. can get health insurance, and it is not, I think their own constituents are How much of the entire populous of going to be at a competitive price. going to be as harmed as many of my the country have we already talked We have had a rhubarb in this coun- constituents are, in both parties. about? About half employer-based try over something known as a public I yield the floor and suggest the ab- health insurance, about another 15 or option. Most people do not realize that sence of a quorum. so percent Medicare, another 10 per- 90 percent of the American people will The PRESIDING OFFICER. The cent—we are up to about three-quar- not be affected by a public option. But clerk will call the roll. ters of the American people. the 10 percent who will be getting their The assistant legislative clerk pro- What is the remaining 25 percent? health insurance in the previously un- ceeded to call the roll. About 5 percent of us, we don’t have an insured or unaffordable group, who is Mr. NELSON of Florida. Mr. Presi- employer or our employer doesn’t offer now going to get it in this health in- dent, I ask unanimous consent the it, but we desperately need health in- surance exchange, where insurance order for the quorum call be rescinded. surance. Where do we get it? We go to companies are going to come in and The PRESIDING OFFICER (Mr. an insurance company and we get an compete for that business—that public CASEY). Without objection, it is so or- individual policy. Of course, since it is insurance company, if it is in existence dered. only our life, there is not a big pool of by the time the final bill passes, will Mr. NELSON of Florida. Mr. Presi- people to spread that health risk over. compete in that health insurance ex- dent, I think it is important, as we ap- Guess what happens to our premiums if change against those insurance compa- proach this monumental debate on we have an individual policy. The pre- nies on an even-steven competitive health care reform and health insur- miums go through the roof. Oh, by the basis. ance reform, to understand what it is way, don’t even try to get an insurance Let’s remember the goal. We are try- we are trying to achieve at the end of policy on your health if you have a pre- ing to bring in folks who cannot get in- the day. I don’t think there are very existing condition. surance, the folks who do not have in- many people in America who would say What does that leave in the Amer- surance but still get health care that the present system of health insurance ican population with regard to health all the rest of us pay for. It lowers our and health care delivery is sufficient, care through health insurance? About bills over here by not having to pay for given the fact there is uncertainty as 20 percent don’t have any health insur- them. When we bring them into the to whether someone will be able to con- ance. They are uninsured. A major part system, into this new health insurance tinue in their health insurance and of this health reform bill that will exchange, those who do not have whether, even if that health insurance come to this floor in a few weeks is to health insurance—some of them cannot is available, it is going to be affordable try to bring them into the system, the afford it, but they are not poor enough today. Availability and affordability uninsured, and get them insured. Why? to qualify for Medicaid in their State— are two of the goals. As we go through First of all, it certainly makes sense, the bill that will come to the floor will this amendatory process once the bill from a quality of life standpoint, that provide a series of subsidies according comes to the floor, we have to remem- we have someone able to get preventive to the person’s income, based on their ber that is the goal. care from a doctor before it turns into percentage of the poverty level, that If you listen to our good friend, the an emergency. But that is not now the will assist them to get that health in- Senator from Arizona, he ticks off a case. They don’t have health insurance, surance in the private insurance sec- whole bunch of things he says are addi- they can’t afford it or they choose not tor. tional taxes, fees, and so forth on the to get it—but they get health care. I come back to the beginning, the people. Let’s examine that. Where do they get it? They go to the reason I asked the Senator from Penn- First of all, if you do nothing, we most expensive place, which is the sylvania if he would sit in the chair so have a system that is not serving our emergency room, at the most expensive I could come back to my desk and people. I am going to round the per- time, and that is when the sniffles have make a response in response to Senator centages, but this is approximately the turned into pneumonia. Of course, the KYL. case: About half the American people care is exceptionally more costly. Is everyone satisfied with what we get their health insurance through By the way, who pays for that? All have? Clearly no. Is health insurance their employer in a group policy. In- the rest of us back here pay for that. available to everybody? The answer is deed, what we are finding out, as those Do you know how we pay for it? With no. Is it affordable for everybody? The policies are being renewed, is employ- our increased premiums on the policies answer is no. Can it be streamlined by ers are coming back to their employees we are paying for, either individually us changing the health delivery sys- and are saying: We have this or through our group employer-spon- tem, which we want to do? That clearly humongous increase in premium we are sored health insurance. Do you know is the case. going to have to pay to continue to what that cost is? It is, on the average We can do it with electronic records give you the same benefits in group in America, about $1,000 more per year and accountable care organizations. We health insurance policies. One of the for a family insurance policy that we can do it by following the patient, in- executives of one major telecommuni- are paying to take care of those people stead of the patient going to this spe- cations company told me they were who are uninsured but still get health cialist and this specialist and this spe- forced, by the insurance company, to care. cialist, and none of the specialists are endure a 47-percent increase in pre- When you come out here for the nits talking to each other and they are du- miums and, he said, we negotiated that and the gnats, saying: It is wrong here, plicating all of the tests. We can put down from a 53-percent increase. we are going to have a fee here and a primacy on a primary care physician Let’s not lose sight, as we get into tax there, let’s not lose sight of the who will follow that patient. We can do the nits and gnats, of what we are try- goal of what we are trying to do, which it with those kinds of delivery reforms. ing to achieve. About half of us are in- is bring everybody into the system, let This is the desirable goal. This is why sured through group policies through the principle of insurance operate for we have to have health insurance and our employers. Then there is another you, where you spread the health risk health care reform. 16 percent of us or so for whom our over millions of lives so you bring My final point is this: The previous health care is taken care of by Medi- down the health costs, get a system of Senator who spoke, the Senator from care. There is another 10 percent of us health insurance for those who are un- Nevada, said we are going to take a lot whose health care is taken care of by insured and those who cannot afford in- of money out of Medicare. In the bill Medicaid—because we are either poor surance and especially those who are that is coming to this floor, the money enough or we are disabled enough to getting stuck in the wallet through in- that is coming out of Medicare is the qualify under the Federal law that has dividual policies—get them into a money that is going to be contributed

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.061 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10835 to the reform of the system coming ica’s great Federal employees. Right Mr. BENNETT. Mr. President, I ask from the Medicare providers, not the now the Congress, the President, and unanimous consent that I be allowed to Medicare beneficiaries, in other words, the American public are engaged in proceed as in morning business. not the senior citizens. historic discussions about the future of The PRESIDING OFFICER. Without The Senator says: But there is $120 our health insurance system. This is objection, it is so ordered. billion that is coming out of Medicare one of the most important issues facing TARP Advantage. Well, what was Medicare the country. Advantage? Medicare Advantage is a The dedicated public servant I will Mr. BENNETT. Mr. President, it has fancy term for a Medicare HMO. You speak about today works for a govern- been a little over a year since a group know what a Medicare HMO is? It is an ment-run health insurance program al- of us met in the Foreign Relations insurance company. When it was origi- ready serving 44 million Americans. Committee room headed by the distin- nally set up 10 or 15 years ago, a Medi- Medicare was established in 1965. Its guished Senator from Connecticut, Mr. care HMO was going to save money to mission is to provide coverage for all DODD, to talk about the financial crisis the Federal Government, Medicare, by Americans over the age of 65. At the we were facing and how we would deal paying only 95 percent of what Medi- time of its creation, Medicare faced with that. We came out of that meet- care fee for service did. criticism from those who were appre- ing, held a press conference where we But then the people in the rural hensive of a government-run health in- sounded perhaps more optimistic than areas did not get it, so it did not work. surance program. Today, however, we should have at the time about hav- Along comes this famous prescription Medicare is praised as a great success. ing a solution to that problem. And out drug bill 6 years ago, and added to it is Indeed, its fiercest defenders sit on of that has come now a name that is this fancy new thing called Medicare both sides in this Chamber. well known throughout the country Advantage that creates an advantage Medicare continues to protect nearly called TARP. We did not call it that at for the insurance companies by giving one out of every seven Americans the time. them an additional 14 percent of reim- against what would be otherwise pro- But we talked it through in a com- bursement over the standard Medicare hibitive medical costs. The reason for pletely bipartisan and substantive way fee for service. its success is not only that it provides and voted for the rescue package that Guess who gets to keep most of that. a much needed service to America’s came out of that discussion. I voted for The insurance company gets to decide seniors; one of its greatest strengths is that package. I voted for the original what they are going to do with most of that the men and women who admin- disbursement of TARP. I stand by that it. It is true that in the 75 percent that ister Medicare benefits are among the vote a year later. It was the right vote, the insurance company keeps per Medi- most outstanding Federal employees. the right situation, the right time, and care senior citizen in Medicare Advan- They work for an agency called the the right thing to do. tage, that money often is given as a Centers for Medicare and Medicaid Services or CMS. The CMS employee I But I will share now some of the break to the senior citizen in things thoughts that went into my participa- such as copays and the premium pay- will talk about today has worked as a Medicare benefits administrator for 11 tion in that particular meeting and ments for Medicare Part B and Medi- some of the things that came out of it. care Part D. years. Iris Morales joined the CMS Chi- cago Regional Office after having first In anticipation of the meeting, I called That is why this Senator in the Fi- some people whose judgment I trust nance Committee offered an amend- served several years in the Navy. She has been on the front line as a benefits and discussed this. I was told Treasury ment that would say: Okay, we are cannot physically push $700 billion out going to get Medicare back to being administrator helping to set at ease those who contact the CMS with in- the door. You cannot sign that many standardized where we are not going to contracts. That is far too much money. give a cushy 14-percent extra to the in- quiries about their coverage. Iris has called her job incredibly re- The suggestion I made was: Why surance companies called Medicare Ad- warding, and she is one of so many don’t we give them $50 billion, because vantage. Instead, we are going to start Medicare administrators who spend I was told that is the most they could getting that on a more competitive their days solving problems for Amer- spend in any one month. Why don’t we basis over time to bring those pay- ica’s seniors. On one day she might give them $50 billion for 5 months or ments down. But it would not be fair to work to make sure a cancer patient has $250 billion and see how it works before take it away from the seniors who al- access to lifesaving chemotherapy. On we buy into the $700 billion number ready have it, so this Senator offered the next Iris might reassure bene- that Secretary Paulson was talking an amendment to grandfather in the ficiaries that their copayments are low about. seniors who have it now. enough for them to afford critical No, Secretary Paulson let us know he So do we need health reform? You bet treatments. we do. And the Senator from Utah is had to have $700 billion as the headline. Iris is set to retire next year, and He could not calm down the markets, over here. I commend him. Because he when she does, she will join the ranks and I are cosponsors on another health the international markets, unless he of Medicare beneficiaries herself. I had a number that big. We talked it reform bill that is even more visionary know that Iris, as a beneficiary, will than what the two of us think is going over in that room and came up with receive from those helping her in the this solution, which I think was a good to come to the floor. But it is a rec- years to come the same kind of atten- ognition that we have to reform the one. We would give them a $700 billion tion to detail, diligence, and profes- headline, because we authorized $700 present system. sionalism she has demonstrated I want to take this opportunity to billion, but we actually only gave him through her years at CMS. $350 billion and said he would have to try to set the record straight on some Iris Morales and all of the hard-work- come back to the Congress for the sec- of the statements that have been made ing employees of CMS are proof of the ond 350. here. I look forward to continuing this constructive and important role our debate on all sides of the issues as the government already plays in ensuring Also in that group—and it was not by bill comes to the floor. Americans’ access to affordable health any means my suggestion or anyone I yield the floor. care. I hope my colleagues will join me else’s suggestion—it was overwhelm- The PRESIDING OFFICER. The Sen- in recognizing this unsung hero and all ingly the consensus: We have to put ator from Delaware. of the employees at CMS. I honor their some controls in here. We have a con- Mr. KAUFMAN. Mr. President, I ask contributions, and I thank them for gressional oversight committee that unanimous consent to speak as in the great job they do every day. I know we created. We have to create an in- morning business for up to 5 minutes. that America’s seniors are grateful for spector general. I remember one of the The PRESIDING OFFICER. Without their patience, their caring, and their members of the group saying: I do not objection, it is so ordered. service to the Nation. trust any Treasury Secretary, no mat- TRIBUTE TO IRIS MORALES I yield the floor. ter how bright he is, with $700 billion Mr. KAUFMAN. I rise once again to The PRESIDING OFFICER. The Sen- and absolutely no reporting or trans- recognize the service of one of Amer- ator from Utah is recognized. parency or control situation.

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.062 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10836 CONGRESSIONAL RECORD — SENATE October 28, 2009 One of the things that was discussed That came as a great surprise to me be- EXHIBIT 1 and that I thought was put in the bill cause I thought the conversation we [From the Wall Street Journal, Oct. 27, 2009] was that when the money starts to had in that room, as the bill was being ROLLING UP THE TARP come back—because, understand, written, made it clear the money had The $700 billion for banks has become an TARP was not a bailout program in the to go to pay down the national debt. all-purpose bailout fund. sense that we gave money to people But I am not in a position to sue the The Troubled Asset Relief Program will ex- never to recover anything. It was a Treasury and argue with their lawyers, pire on December 31, unless Treasury Sec- program where we were acquiring and even if we did over the actual retary Timothy Geithner exercises his au- things, either acquiring collateral or thority to extend it to next October. We hope meaning of what was in the bill, it he doesn’t. Historians will debate TARP’s acquiring stock. When the money would take so many years to adju- role in ending the financial panic of 2008, but starts to come back, it will be used to dicate there is no point in it. today there is little evidence that the gov- pay down the national debt. If we are But it comes as a great surprise, as I ernment needs or can prudently manage going to expend $700 billion to stabilize say, to me that as the money comes what has evolved into a $700 billion all-pur- the system, when the $700 billion comes back in—and money is coming back in pose political bailout fund. back, it goes to reduce the debt that from TARP—it does not go to pay down We supported TARP to deal with toxic bank assets and resolve failing banks as a was created when it went out. That was the national debt, and that it is being my understanding of the agreement we resolution agency of the kind that worked treated as a revolving fund, almost a with savings and loans in the 1980s. Some made. revolving credit card, if you will, that taxpayer money was needed beyond what the Well, I voted for the TARP and I the Treasury can use for the purposes FDIC’s shrinking insurance fund had avail- voted for the first $350 billion. After we it deems well. able. But TARP quickly became a Treasury came to the second tranche, the second So I will offer an amendment that tool to save failing institutions without im- $350 billion, listening to the inspector will sunset TARP at the end of this posing discipline (Citigroup) and even to general and listening to what the con- force public capital onto banks that didn’t year. I will point out, the inspector need it. This stigmatized all banks as tax- gressional oversight committee had to general and the congressional over- say, and looking at how well the first payer supplicants and is now evolving into sight committee we set up on that oc- an excuse for the Federal Reserve to micro- $350 billion had worked in stabilizing casion still have a number of questions manage compensation. the situation and getting us past the about TARP and the way it is being TARP was then redirected well beyond the panic we were facing, I voted against used, and there is great concern that financial system into $80 billion in ‘‘invest- the second $350 billion because I was the transparency we had hoped for is ments’’ for auto companies. These may never be repaid but served as a lever to abuse afraid it would turn into somewhat of a not there. bailout fund that could be used for creditors and favor auto unions. TARP also I had come to the decision to offer things other than acquiring assets that bought preferred stock in struggling insurers this amendment for myself and Sen- could be liquidated and bring money Lincoln and Hartford, though insurance com- ator THUNE—and we will do so, if we panies are not subject to bank runs and pose back to the Treasury. That is indeed are allowed to, when we get on the no ‘‘systemic risk.’’ They erode slowly as what has happened, because much of bill—long before the Wall Street Jour- customers stop renewing policies. the money went for things very dif- nal offered an editorial. But on October TARP also became another fund for Con- ferent than that which we were talking gress to pay off the already heavily sub- 27, the Wall Street Journal had an edi- about in that room that morning. sidized housing industry by financing home The amendment I will offer to the torial entitled ‘‘Rolling up the TARP,’’ mortgage modifications. Not one cent of the bill, when we get on the bill, will be to which I ask unanimous consent be $50 billion in TARP funds earmarked to mod- sunset TARP at the end of this year. printed in the RECORD following my re- ify home mortgages will be returned to the Treasury, says the Congressional Budget Of- This is where we are. Treasury is sit- marks. The PRESIDING OFFICER. Without fice. ting on about $370 billion in the TARP As of the end of September, Mr. Geithner fund right now. The recession certainly objection, it is so ordered. was sitting on $317 billion of uncommitted is not over and the challenge in our (See exhibit 1.) TARP funds, thanks in part to bank repay- economy is still there with tremendous Mr. BENNETT. The lead paragraph I ments. But this sum isn’t the limit of his force. But the crisis we were facing wish to quote. It says: check-writing ability. Treasury considers TARP a ‘‘revolving fund.’’ If taxpayers are when we had that meeting is over, and The Troubled Asset Relief Program will ex- Treasury, to deal with that kind of a ever paid back by AIG, GM, Chrysler, pire on December 31, unless Treasury Sec- Citigroup and the rest, Treasury believes it crisis, no longer needs that money. retary Timothy Geithner exercises his au- has the authority to spend that returned The fear I have is that Treasury is thority to extend it to next October. money on new adventures in housing or starting to recycle the money and it is They obviously did not know about other parts of the economy. not going to pay down the national my amendment or I am sure they A TARP renewal by Mr. Geithner could debt. It has become something of a would have endorsed it. thus put at risk the entire $700 billion. Rep. slush fund to say: All right, if we have Jeb Hensarling (R., Texas) and former SEC a circumstance here where we wish to We hope he doesn’t. Historians will debate Commissioner Paul Atkins sit on TARP’s TARP’s role in ending the financial panic of Congressional Oversight Panel. They warn spend some money, we cannot get it 2008, but today there is little evidence that from the Congress, let’s take it out of that the entire taxpayer pot could be con- the government needs or can prudently man- verted into subsidies. They are especially the TARP. If there is a situation over age what has evolved into a $700 billion all- concerned about expanding the foreclosure here where we think it might be help- purpose political bailout fund. prevention programs that have been failing ful, and we cannot get the Congress to We supported TARP to deal with toxic by every measure. support us, let’s take it out of the bank assets and resolve failing banks as a TARP inspector general Neil Barofsky TARP. The temptation, sitting on $370 resolution agency of the kind that worked agrees that the mortgage modifications billion, to spend that money, is over- with savings and loans in the 1980s. Some ‘‘will yield no direct return’’ and notes chari- whelming. taxpayer money was needed beyond what the tably that ‘‘full recovery is far from certain’’ When Secretary Geithner came be- FDIC’s shrinking insurance fund had avail- on the money sent to AIG and Detroit. Mr. able. But TARP quickly became a Treasury Barofsky also notes that since Washington fore the Banking Committee or the tool to save failing institutions without im- runs huge deficits, and interest rates are al- Joint Economic Committee—I am posing discipline (Citigroup) and even to most sure to rise in coming years, TARP will sorry, I cannot, with my memory right force public capital onto banks that didn’t be increasingly expensive as the government now, put the exact committee to it— need it. This stigmatized all banks as tax- pays more to borrow. the question arose about repaying the payer supplicants and is now evolving into Even with the banks, TARP has been a national debt rather than recycling the an excuse for the Federal Reserve to micro- double-edged sword. While its capital injec- money. He said the lawyers from the manage compensation. tions saved some banks, its lack of trans- Treasury Department had looked at I think we take the decision for Sec- parency created uncertainty that arguably prolonged the panic. Federal Reserve Chair- the act of Congress, and they made it retary Geithner and we sunset TARP man Ben Bernanke and former Treasury Sec- clear we in the Congress had made it on December 31, and that will be the retary Hank Paulson recently admitted to clear the money could be recycled, it amendment I will offer when we get on Mr. Barofsky what everyone figured at the could be relent, it could go out again. the bill. time of the first capital injections. Although

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.063 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10837 they claimed in October 2008 they were pro- Bank and Secretary Paulson, the Sec- as he well knows, my wife’s family is viding capital only to healthy banks, Mr. retary of the Treasury, announced to from Utah, so I have some Utah con- Bernanke now says some of the firms were us that we had a matter of days to act nections. But it was one of those mo- under stress. Mr. Paulson now admits that as a Congress or we would face a melt- ments where I think Americans would he thought one in particular was in danger of failing. By forcing all nine to take the down of our financial system in this like to think we can act around here money, they prevented the weaklings from country and elsewhere. when a crisis occurs. being stigmatized. In some ways, it was the economic While we differ and disagree on a lot Says Mr. Barofsky, ‘‘In addition to the equivalent to 9/11. It took all the oxy- of issues, as he knows, despite our basic transparency concern that this incon- gen out of the room, I can tell you. I friendship—as long as I live, in the sistency raises, by stating expressly that the was sitting next to DICK SHELBY, my years I have served here, that morning, ‘healthy’ institutions would be able to in- friend from Alabama. As I say, there that occasion, and the events that fol- crease overall lending, Treasury created un- were about 10 or 12 of us in that room lowed in the short days afterwards, I realistic expectations about the institutions’ think, helped keep this country on a conditions and their ability to increase lend- that evening who received that mes- ing.’’ sage. stable footing and we avoided the kind The government also endangered one of the Within 2 weeks, from September 18 to of depression and collapse that could banks that they considered healthy at the the end of the month, we ended up vot- have occurred. time. In December, Mr. Paulson pressured ing here on the floor that night—we all I did not intend to speak about this, Bank of America to complete its purchase of sat in our chairs, as we do on rare occa- but since he addressed the issue—I Merrill Lynch. His position is that a failed sions when there is a moment of sig- have kept a lot of notes about those 2 deal would have hurt both firms, but this is nificant import. Every single Member weeks. I have copious notes, almost 500 highly speculative. Mr. Barofsky reports cast a ballot from their seat. pages of them, that describe the events that, according to Fed documents, the gov- I knew that evening, by the way, as I ernment viewed BofA as well-capitalized, but of those 2 weeks in great detail because officials believed that its tangible common listened to the call of the roll, that I was involved in every meeting and equity would fall to dangerously low levels if there were several of our colleagues every drafting session. So I can tell it had to absorb the sinking Merrill. here who were 40 days away from the you down to every dotted ‘‘i’’ and In other words, by insisting that BofA buy election, and that probably they were crossed ‘‘t’’ what happened during Merrill, Messrs. Paulson and Bernanke were going to lose their seats if they sup- those 2 weeks. It was a moment of spreading systemic risk by stuffing a failing ported the proposal. And they did. But great import, and I thank my friend institution into a relatively sound one. And they did what I thought was the coura- from Utah for his contribution to all of they were stuffing an investment bank into geous and right thing to do. And 74 peo- one of the nation’s largest institutions that. whose deposits were guaranteed by tax- ple voted that night in favor of it; 25 Madam President, I want to address payers. BofA would later need billions of dol- against. Our colleague from Massachu- the issue of the Unemployment Com- lars more in TARP cash to survive that setts was not here that evening, Ted pensation Extension Act. I am sorry we forced merger, and when that news became Kennedy. There were 99 Senators. are still here debating this. This legis- public it helped to extend the overall finan- As long as I live, I will never forget lation was introduced nearly 3 weeks cial panic. that vote that evening because I think ago, and twice the adoption of this bill Treasury and the Fed would prefer to keep it is what the Founders sort of had in has been stopped, despite over- TARP as insurance in case the recovery fal- mind. We recall—those of us who were whelming support. Yesterday 87 of us ters and the banking system hits the skids again. But the more transparent way to ad- here, I am sure my friend from Florida voted to get us one step closer to ex- dress this risk is by buttressing the FDIC remembers, it made the townhall meet- tending unemployment benefits. We all fund that insures bank deposits and resolves ings pale by comparison—the reaction would prefer to be talking about how failing banks. The political class has twisted over those 2 weeks across the Nation. we can get people back to work than TARP into a fund to finance its pet pro- There will be historians who debate the extending benefits. It would be far bet- grams and constituents, and the faster it wisdom of the specifics of the bill. ter for the Nation if we could talk fades away, the better for taxpayers and the But I recall with great clarity the about what we are doing to create jobs. financial system. morning my friend from Utah just de- But in the interim, while we have not The PRESIDING OFFICER (Ms. scribed, with about five of us in the created as many jobs as we would like, CANTWELL). The Senator from Con- room, and that was S–116, one floor providing benefits is crucial. Let me necticut. down from where we stand this take a moment to add that we would Mr. DODD. Madam President, I ask evening. We met to try and fashion to- not be here at all without the work of unanimous consent that I be allowed to gether something on a bipartisan basis our colleague from New Hampshire, speak as in morning business. that we could present to our colleagues Senator JEANNE SHAHEEN, who has The PRESIDING OFFICER. Without and the administration and others that championed this issue over the last objection, it is so ordered. would incorporate the protections we month or so as a new Member. We are Mr. DODD. Madam President, before thought we could pull together in a neighbors in New England, but she I get to the substance of my remarks, space of days to respond to this, and speaks for the country when she talks let me comment briefly, if I can, on the with the necessary resources. about the importance of this issue and comments of my colleague and friend BOB BENNETT was the author, as I re- what a difference it has made in the from Utah, Senator BENNETT. He has call, who insisted we break up this pro- lives of families, as they struggle to been an invaluable Member when it posal into two parts so we would have keep their homes and provide the nec- comes to these issues of economics in a chance to evaluate the success of it. essary resources for their children and our country. His background and expe- I think it was a remarkable and very others. rience has brought a wealth of talent valuable suggestion that contributed As part of this effort—and I know to this institution at some very crit- significantly to the outcome of that there is some debate—I wanted to also ical moments. vote. It also offered those an oppor- recognize my colleague and friend from I want my colleagues to know, as the tunity at a later date to determine Georgia, JOHNNY ISAKSON. The two of new chairman of the Banking Com- whether to proceed with it. us have been working, as many of my mittee after the election of 2006, I hap- There were differences of opinion colleagues know, on a proposal to ex- pened to have been in the position of about that, and, again, historians will tend and expand the first-time home being asked to manage a situation that debate this. But the people of this buyer tax credit. Senator ISAKSON has began, as many will recall, back in country ought to know that a guy been the leader on this issue. I com- September of last year. September 18 is named BOB BENNETT from the State of mend him for it, and I want to thank a date which will be forever embla- Utah, along with several others, played him and his staff for their work to get zoned in my mind and memory. It was a role which I think helped save our this extension before the credit runs on that evening that a small group of country at a critical moment. We have out on November 30. us were asked to gather in the office of a lot of disagreements around here. I Already we have seen the impact of the Speaker of the House, where Chair- am a Democrat from New England. He this credit on jump-starting the hous- man Bernanke of the Federal Reserve is a Republican from Utah, although, ing sector. Sales of existing homes rose

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.008 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10838 CONGRESSIONAL RECORD — SENATE October 28, 2009 9.4 percent in September—the highest had their jobless benefits run out. They will rise to 20,000 people in my State, level in 2 years. Extending this credit, do not have jobs. They do not have ben- 1.4 million people across the country. in our view, temporarily through the efits to help them. These are hard- One of my constituents wrote in des- slowest housing sales months would working people who contribute to our peration the following: help maintain the recovery. economy and contribute to our coun- I have been without benefits for two The great fear everyone has is that try, their families, and their neighbor- months now. I have a family of 5. Every day without swift action these good signals hoods. They have been good providers. is a struggle. My husband and I have been we have been getting—and while cer- And because of a collapsing economy— looking for work every day. There are no tainly not a recovery yet, they are an which they did not create—they find jobs! Something has to change. I ran out of indication we may be heading now in themselves in the dire circumstances my benefits. Please have someone help not only me, but everyone that is without work. the right direction—will stall during where they are unable to meet those these critical cold months, and the obligations at home. It is not just these people who will winter months are difficult months for Over the years I have been in this suffer when these benefits run out; it the housing sector. I think inaction body, we have come together during will be their children. It will be the would be a great mistake. critical moments like this—never quite local businesses whose customers can’t This legislation he and I have au- as serious as this one—and have ex- afford to buy their products anymore. thored would extend the current credit tended those benefits to people because It will be the local governments who through the spring, increase the in- we know how important it is to them. lose tax revenues that pay the salaries come limitations, and provide a slight- We have been able to come together to of our policemen and firefighters. ly smaller credit to the so-called move- get it done. Yet now, for nearly 3 We have a good bill that I worked on up market—not just first-time home weeks, we have been stalled in our ef- with Senator BAUCUS, Senator REID, buyers, but the move-up market—help- fort to provide needed relief. and, as I said, Senator SHAHEEN of New ing to make more than 70 percent of I mentioned early we provided relief Hampshire, who has been our champion current home buyers eligible for this for the banks, $700 billion in relief, in on this issue. Our new freshman Sen- credit. less time than it is taking us to pro- ator from New Hampshire has led the I want to stress, as my colleague vide relief to jobless workers. That is way, and again, her leadership has been from Georgia has on numerous occa- what BOB BENNETT and I were doing. invaluable. sions, including during a hearing I held We had a crisis in the country. So we Madam President, 140,000 people over only a few days ago of the Senate worked on the legislation for 2 weeks. 3 weeks whose benefits have run out Banking Committee—where he testi- From September 18 to October 1, that while Republicans have stood in the fied eloquently, I might add, that this is how long it took for us to come to- way of this important legislation, I tax credit needs to be temporary. gether and vote 74 to 25 to provide $700 think, deserve better. We managed to Democrats and Republicans on the billion to stabilize the financial insti- give the banks $700 billion in 2 weeks; committees, I think, were deeply im- tutions in this country. I think we did we ought to be able to take care of peo- pressed with how knowledgeable JOHN- the right thing. History will debate it. ple who are losing their benefits by NY ISAKSON is about real estate issues. Here we have been nearly 3 weeks and passing a bill that they need so des- He spent more than three decades in we can’t even come up with unemploy- perately. the business and knows it well, and he ment compensation for the 7,000 people I yield the floor. impressed, I think, all of us with his every day who are losing these bene- The PRESIDING OFFICER. The Sen- knowledge of this industry and what a fits. ator from New Hampshire. critical component it is of our econ- You explain that to the American Mrs. SHAHEEN. Thank you, Madam omy. public. This collapse occurred in our President. I wish to thank Senator That aspect he advocated for, as I economy not because they did any- DODD from Connecticut for his kind mentioned before, is that the effective- thing wrong, but because they lost words and for all of the work he has ness of this credit depends on it being their job. Here we are still 3 weeks done to try and move an unemploy- temporary, which it is. That will en- later dithering about whether we can ment extension for people, and for his courage, we believe, prospective home get some special amendment we would eloquence in talking about the need to buyers to buy that home now—those like added that has nothing to do with help those people who are currently who are thinking about it. Extending it this issue—ACORN payments or other running out of their benefits. As is the continuously would not. proposals. I don’t question the sin- Senator from Connecticut, I am here I want to indicate to my colleagues cerity of people, but why would they one more time to voice my support for that this credit should remain tem- allow that to obstruct an extension of the Unemployment Compensation Ex- porary and not become a tax extender jobless benefits that hundreds of thou- tension Act. that we extend year after year after sands of Americans so desperately I am pleased, as the Senator from year after year, as we do in certain need? Connecticut is, that yesterday the Sen- other areas of our economy. In total, since playing politics with ate voted by an overwhelming majority But neither the unemployed nor pro- this issue, 140,000 Americans have ex- to move this legislation forward. But spective home buyers will be helped by hausted their benefits. That is my like the Senator from Connecticut, I stalling on the speedy passage of this math. We know this is important. Last remain very disappointed that even legislation. night we had 87 votes to move to the with 87 votes to move forward, we are Every night for 3 weeks now—going motion to proceed, but here we are run- still here today. Another day has gone back to the unemployment compensa- ning out 30 more hours while another by, a day when 7,000 more workers have tion issue—we have gone home and not 7,000 people are losing those benefits. lost their benefits, and the opponents had to worry about how we are going to So I don’t have to tell my colleagues of this extension are still playing poli- make those mortgage payments or feed how vital this lifeline is for families tics to hold up the help that so many our families. We are Senators, and so back home in their states. They all people around the country need. we have these jobs that provide us with know it. People can’t find work. They During the delay of the past 3 weeks, more than a decent income, and we need a little help to put food on the more than 100,000 Americans have ex- never have to feel that gnawing worry table and make ends meet until they hausted their unemployment benefits. about whether there is going to be can find that job again. Unfortunately, Without this extension, nearly 2 mil- enough money to allow us to keep our this recession is hitting families in all lion jobless workers will lose their ben- homes or to see to it that our families of our States. efits by the end of the year. The Amer- are going to have the basic necessities According to the National Employ- ican people should be outraged by this they need. ment Law Project, nearly 14,500 people continued delay. Every night—every night—7,000 more in my home State of Connecticut and I would like to read an e-mail I got Americans in our Nation have ex- 400,000 people nationwide have already this morning from Jane McDermott hausted their unemployment benefits. exhausted all of their unemployment from Stoddard, NH. Jane has been un- So for 3 weeks—7,000 people a day have benefits. By the end of the year, that employed for over a year, and she will

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.065 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10839 exhaust her remaining benefits in the in. We can’t believe we can’t move this wrote to tell me about a rate increase next 2 weeks. She writes: legislation along to extend unemploy- notice she got from her health insurer. Right now, receiving unemployment means ment compensation benefits. These She was told to expect a 9- or 10-per- I can eat and I can pay for my medication. people need help in the recession and cent increase next year. For two peo- Those of us who are still unemployed still most likely they are the dollars that ple, that will mean $2,300 a month in have bills and property taxes to pay. With will be spent in the economy. premiums she will have to pay. Here is the rug being pulled out from under us, it I wish to describe the procedure that what she wrote: means being on the edge of homelessness. has occurred. We had 87 Senators vote We can’t afford it. I am now faced with the She writes to me: on a motion to proceed. The first thing likelihood of having to drop insurance which I urge you to make this fight a priority. we did to get on to a piece of legisla- for two cancer survivors is not the right an- Here in New Hampshire there are many, in- tion such as this unemployment bene- swer. cluding myself, who depend on having heat, fits compensation legislation was we I know I speak for many of my col- lights, and even enough gas in our cars to filed a motion to proceed because we leagues here tonight when I say our of- search for employment each and every day, didn’t have the consent of the Repub- fices get dozens and dozens of e-mails especially over the holidays. lican leadership. We were then required and letters like this each and every She signs her e-mail: Sincerely, Jane to let that motion for cloture ripen week. Americans are struggling, and McDermott from Stoddard. over a 2-day period. So as many have they are looking to us for relief from Jane McDermott is out looking for watched, there hasn’t been necessarily an impossible situation they cannot work every day, but with more than six a lot of debate. It has ripened. We had fight or win. people out of work for every job open- the vote after 2 days—87 votes. Then, There was a story in the newspaper ing, she hasn’t been able to find that after 87 said we should move forward over the weekend that I think illus- new job. She is like millions of hard- on the motion to proceed, there was a trates how urgent this situation has working Americans from every com- 30-hour postcloture period. become. It illustrates why a public op- munity and every State and every part Well, what has happened with that is tion must be a part of this reform. In of our country. This is just one out of we also haven’t had that much debate the newspaper it was reported that dozens of calls and e-mails my office occurring on the Senate floor, but the many small businesses are facing the gets every single day. time continues to run. So these delay steepest rises in insurance premiums So I urge my colleagues to stop play- tactics—they are called filibuster tac- they have seen in years. That is saying ing politics and to pass this extension. tics, but in a way it isn’t a filibuster. a lot considering that insurance pre- It is the right thing to do for our un- There is nobody here filibustering most miums have already more than doubled employed workers, and it is the right of the time. So it is a delay tactic to do over the past 9 years. In this news story, insurance brokers thing to do to stimulate our economy. something the Nation needs. Let’s not let one more day go by with- So I compliment all of the Senators and benefits consultants said their out extending unemployment benefits who are standing up for this legisla- small business clients are seeing pre- miums go up an average of about 15 for the tens of thousands who need tion. I know Senator WHITEHOUSE is them all across this country. also one who believes we should pass percent for next year and in some places as high as 23 percent. That is Madam President, I yield the floor. unemployment compensation legisla- double the rate of last year’s increases Mr. UDALL of New Mexico. Madam tion very quickly. which were already unacceptably high. President, I note the absence of a HEALTH CARE REFORM Do you know why these small busi- quorum. Madam President, we are here again The PRESIDING OFFICER. The nesses are seeing such big increases? this evening as a group of Senators— This report said it is because insurers clerk will call the roll. Senator WHITEHOUSE has joined me—to The bill clerk proceeded to call the are trying to raise their premiums strongly support the inclusion of a pub- ahead of anything we do legislatively roll. lic option in health care reform legisla- Mr. UDALL of New Mexico. Madam that might reduce their profits. tion. I encourage other Senators who Health insurance companies are only President, I ask unanimous consent support the public option to come down looking out for themselves and their that the order for the quorum call be and join us. own profits. It is up to us to look out rescinded. We were heartened earlier this week for hard-working Americans. It is up to The PRESIDING OFFICER. Without when majority leader HARRY REID an- us to look out for America’s entre- objection, it is so ordered. nounced that he would include a public preneurs, those small business men and Mr. UDALL of New Mexico. Madam option in the bill he is merging from women whose companies employ some President, I ask unanimous consent to the Senate Finance and HELP Commit- 40 percent of American workers. speak as in morning business for 1 tees. Senator REID showed real leader- With that, I will open the floor to my hour. I also ask unanimous consent to ship in developing a compromise that colleagues. Let’s talk about what a engage in a colloquy with other Sen- includes the public option, something public option would mean for small ators who may join me. that a wide majority of Americans sup- businesses and how difficult it is for The PRESIDING OFFICER. Without port and want included in this reform. American entrepreneurs to keep their objection, it is so ordered. This is another step in the direction heads above water as health insurance Mr. UDALL of New Mexico. Madam of meaningful reform, but we are by no companies continue to raise their President, first, let me speak on the means finished with this debate. We ex- rates, deny them coverage, or drop issue that Senator JEANNE SHAHEEN pect defenders of the status quo, as them completely when they place a spoke about before me just briefly. I well as those who continue to put in- claim to be reimbursed. wish to compliment her for being such surance company profits over people, I see Senator WHITEHOUSE here. He a champion for extending unemploy- to step up their attacks and step up has been a champion throughout this ment compensation. We are talking their misinformation campaign. The process in terms of the public option. I about people who, in many cases, bottom line is that a public option is will yield to him. I also see Senator through no fault of their own, lost em- the best proposal on the table to help DURBIN here, our majority whip, who I ployment. They may well be the only keep the insurance companies honest. hope will join us, who has also been an provider for their family. They don’t It will insert much needed competition incredible champion when he stands up have the wherewithal to support their into the insurance market, and it will in leadership time and throughout the family. give Americans another affordable, day on the public option. We have in this recession, this deep quality choice for their health insur- The PRESIDING OFFICER. The Sen- recession we are in the middle of, sev- ance needs. ator from Rhode Island is recognized. eral times for people like that, ex- So with all of that said tonight, I Mr. WHITEHOUSE. Madam Presi- tended unemployment benefits. Sen- want to continue by highlighting a dent, I thank the Senator from New ator SHAHEEN and Senator DODD and story out of New Mexico. It is a letter Mexico for organizing this time. others who have spoken have described I received from a woman from Placitas, What do we mean by a public option? the personal circumstances people are NM. She is a small business owner who To begin with, I will explain a little

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.066 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10840 CONGRESSIONAL RECORD — SENATE October 28, 2009 what our public option is and why it is year—that is $700 billion with a ‘‘b’’—in ministrative cost, stop torturing the so important. Then I have some stories excess costs in our health care system. doctors and hospitals, let them wind from people in Rhode Island who have So we have a big target this public op- down their administrative costs, and contacted me and who are exactly the tion can shoot for. bring down the arms race over claims reason we need to do this. People say: Well, if there is no sub- payments and approval we are living The first thing you will hear is our sidy involved, how is it that the public with right now. That is something a friends on the other side saying that option is going to be able to compete public option can do in addition to not the public option is a government take- against these private insurers and save taking out profits. over of the health care system, that it costs? Well, three ways: The third thing is to reform the is going to squeeze out private pro- No. 1, no profits necessary; they will health care system. We have all heard viders and it will be subsidized by tax- be not-for-profit. In Rhode Island, the testimony and seen the steps we payers and all these things. I know about a year ago, United Health Care, put into our legislation to improve the something about the public option that a big private insurance company which quality of health care. When you im- came out of the HELP Committee be- has a 16-percent market share in Rhode prove the quality of health care, it cause, along with SHERROD BROWN and Island—and we are a small State; we saves money. It is interesting the way KAY HAGAN, I wrote it. So I know a lit- are not like Illinois or even New Mex- that works. When you improve the in- tle bit about what it does. Those things ico; we are only a million people. So fection rate in intensive care units, are just not true. this is a company in a State of a mil- people get out sooner and they don’t The design of the public option is lion people with only a 16-percent mar- get those postoperative infections, and that it exists State by State. In each ket share, and they asked to remove it costs about $60,000 for infections, on State, it has to stay solvent. It can’t $37 million in profits from that 1 year average. It saves money. Everybody is lose money. The government puts up out of the State to go back and pay for out sooner and the costs are less. In the money any insurance company salaries of CEOs and shareholders and Michigan, in 15 months, they saved $150 needs to start with, the initial capital. all that. Think how much $37 million million and 1,500 lives just by cleaning After that, the public option in each could have been delivered in health up and preventing infections in hos- State, from its revenues, the premiums care to 16 percent of the insured popu- pital intensive care units. it charges, has to make money and lation of Rhode Island, a State of only So you can save money and save lives stay solvent. If not, it fails like any a million people, if it didn’t have to go if you are focused on improving quality other company. Secretary Sebelius of out in profit. So that is one thing. instead of torturing the doctors and HHS is mandated to make sure each Profits don’t have to be sucked out of the providers and denying care and try- State’s operation runs on a solvent the system. ing to throw people out when they get basis. So there is no taxpayer bailout. Second is administrative costs. One sick. It is a different way of going It is head-to-head competition on a of the reasons this cost keeps going up about the business. But it is something level playing field, and the insurance is because the administrative costs of a public option can do. companies, frankly, should not be the insurance companies go up. In 2000, The same logic applies to the preven- frightened of it. They are, but the rea- while these costs were going up, they tion of illness. We don’t do anywhere son they are has a lot to do with their were raising their administrative costs near enough to prevent illness in this bad practices and very little to do with by more than 100 percent. What did country. A public option is willing to anything about the design of the public they do with those administrative invest in prevention. We will invest in option. costs? They make it more difficult for health information technology and in One of the reasons we need it, to give you to get care and harder for your promoting better public health records a little background on this, you have for everybody. We will make sure peo- doctor to get permission to give you to remember where our national health ple understand the value of the treat- the treatment you need. expenditures are going. Look at this You hear the other side talking ments they get, how much they cost, chart. This is how much we spend on about government bureaucrats stand- and whether they work. People will health care. ing between you and health care. They make better decisions about their care. I was born in 1955, when we were Finally, through the public option we don’t stand between you and your spending $12.5 billion a year on health will be able to stop paying doctors and health care; insurance company bu- care in this country. We probably hospitals for doing more and more reaucrats stand between you and your spend that much a day now. In 1979, tests and procedures and pay them for just after I graduated from college, by health care. And they are getting bet- results. That will help change the di- then we had gone from roughly $12 bil- ter at it all the time. The armamen- rection of American medicine. That is lion a year to $220 billion a year. In tarium they are creating to make it how you get to the $700 billion a year 1987, which was about when my daugh- difficult for providers to get paid and the President’s Council on Economic ter was born, we were over $500 billion get authority to go forward is getting Advisers said could be saved in our more complex and expensive every or $1⁄2 trillion a year. In 1992, we were health care system. at $849 billion a year. In 2009, we are at year. People talk about the Lewin Group, $2.5 trillion a year. You can see the In addition to the fact that those which is a knowledgeable group about shape of the curve on the chart. It is costs have doubled, gone up more than health insurance and health care costs. not going out and leveling off. It is get- 100 percent, what do the doctors and Here is what they say: ting steeper and steeper. Costs are hospitals have to do? They have to Current levels of spending could be reduced going through the roof, and the private fight back or else they will get rolled. by limiting excess consumption, managing insurance industry is driving that. So you have this whole other cost. I disease, promoting competition and improv- There are big savings that can be went to the Cranston Community ing transactions. achieved. The President of the United Health Center, a wonderful community Here are the sources of potential ex- States, President Obama, and his Coun- health center in Cranston, RI. They cess costs. Right now, they are at $2.4 cil of Economic Advisers issued a re- told me that 50 percent of their per- billion, the total cost. You can save port in July of this year that said: sonnel are not dedicated to providing $151 billion in excess costs from incen- Efficiency improvements in the U.S. health care but are dedicated to fight- tives to overuse services; $519 billion in health care system potentially could free up ing with the insurance companies to excess costs from poor care manage- resources equal to 5 percent of the U.S. GDP. get paid and to get prior authorization. ment and lifestyle factors; $135 billion They continued: On top of that, 50 percent of their per- from excess costs due to competition It should be possible to cut total health ex- sonnel—they pay almost $300,000 a year and regulatory factors; $203 billion penditures by about 30 percent without wors- to fancy consultants whom they have from excess costs due to transactional ening outcomes . . . which would again sug- to hire to fight back against the insur- inefficiency. That is a fancy way of gest that savings on the order of 5 percent of ance industry. talking about administrative warfare GDP could be feasible. So one thing they can stop doing is between insurers and doctors. If you do the math, based on GDP, 5 taking the profits out. Another thing There are big savings to be had out percent is more than $700 billion a they can do is to wind down all that ad- there, and this legislation builds in

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.068 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10841 those tools—quality, prevention, trans- tion from government health insur- surance they want to buy, if they de- parency, information technology, and ance. Although our friends on the Re- cide that is too extreme, too socialis- payment reform. The key to making publican side are critical of govern- tic, too French—whatever they happen them all work their best is a public op- ment health insurance, they do not to decide—they could initiate an effort tion that will pick them up and do the want to eliminate any part of it, but to eliminate the public option under job for the American people. they are arguing that basically Ameri- this law so it would not apply to any- The question fundamentally for this cans do not like it. one living in their State. Whether legislation is, Do you trust the private The polls say otherwise. When you these are the folks inspired by the tea insurance industry? Do you trust the ask the American people, throughout party folks or others, they have their people who, if you have a preexisting this debate, they say: We are generally chance. They have the last word as to condition, won’t let you in the door or confused, but we do know one thing; whether there will be a public option in will deny coverage for that? Do you that is, if we have a chance to get their State. trust the people who, the first time you Medicare for everybody, two out of Mr. WHITEHOUSE. Absolutely, it is show up after having been a loyal cus- three would like to see that. That is a wide open, as the distinguished major- tomer for years, the first thing they do government health program that two ity whip has pointed out. The choice is go back to look at the form to see if out of three Americans would like. would entirely be theirs. you filled it out wrong so they can Senator HARRY REID, the Democratic I suspect what we would see is, many throw you off because suddenly you be- majority leader, prepared a bill with a people who are railing against the pub- came ill and expensive? Do you trust public option with an opt-out provi- lic option right here would find that the people who, when you get sick and sion. I ask the Senator from Rhode Is- their States, when they actually had your doctor recommends treatment, land what the opt-out provision will the choice, would take it. Ninety-four butt in and say: No, no, no, we don’t mean for those political leaders or peo- percent of U.S. insurance markets are want you to get that treatment; we ple or legislatures or Governors in the deemed highly concentrated by the want something different than what States who might come to the same U.S. Department of Justice. That is your doctor recommends. They will say conclusion as our Republicans here, like the alarm going off in those mar- it is because of quality, but what you that they are opposed to any form of a kets, saying that if you find anti- will notice is that every single time public option that might involve the competitive behavior, because that the insurance company steps in to pre- government. market is highly concentrated, you vent your care from coming from your Mr. WHITEHOUSE. The opt-out plan, focus on it. You have to act. doctor, what they recommend is some- as I understand it, would allow States Ninety-four percent of our major thing that is cheaper for them. They to decide they don’t want a public op- urban areas are in that situation. So to have never once said: Wait a minute, tion in their State, so they don’t have add another choice for those consumers what the doctor recommended is not to have one. Each of us comes here rep- I think is something that when prac- right, you need a more expensive re- resenting a State. My colleague is the tical people look at it in real life and gime of care because we want to treat very distinguished majority whip, but see what its effects will be in real peo- you right. No, they say: Sorry, that is he is also the Senator from Illinois. ple’s homes and in their jobs and in too expensive; we are cutting you off. Our distinguished friend, Mr. UDALL, is their finances and in their world, it Do you trust that industry to lead the Senator from New Mexico. will be a lot harder to keep it going, America out of this cost problem and The health care our constituents get but it will be their choice. into this new future? I don’t. That is is delivered to them almost entirely in Mr. DURBIN. If I can make one last why we need the public option. And I our States. So one would think it point in a question. I know the Senator think there are other reasons. would be satisfying to the people on from Rhode Island is a former pros- Mr. DURBIN. Will the Senator yield the other side who object to a public ecutor, as is the Senator from New for a question? option that they could go home and Mexico. When we come to the competi- Mr. WHITEHOUSE. Yes, I am happy they could say: You know what. This tive nature of insurance companies—I to. public option is a terrible idea. You know the Senator from Rhode Island Mr. DURBIN. One of the aspects of know what I have done. I have worked was with me at a hearing recently in the bill now being considered by the out an opt-out and have protected you the Senate Judiciary Committee on the Congressional Budget Office is the opt- from it. It is only these crazies in McCarran-Ferguson law, which in the out provision. We have heard from the places such as Rhode Island who want 1940s exempted insurance companies— Republican side of the aisle for as long to take advantage of the public option. in this case, health insurance compa- as this debate has gone on about their But I have saved you, and it is their fu- nies and medical malpractice insurance resistance and opposition to the idea of neral. companies—from antitrust regulations, so-called government-run health care. The way we designed it, as I men- so that literally the executives of in- I have yet to hear the first Repub- tioned earlier, is State to State it has surance companies—in this case health lican Senator come to the floor and to be solvent. There is no cross-sub- insurance companies—could all meet in suggest we eliminate Medicare, which sidization, that one State has to carry a room and decide what the premiums is a government-run health care pro- the water for another State. They would be in any given place in Amer- gram which some 40 million Americans would not have to pay for Rhode Is- ica, across the Nation. They could use every day to protect themselves land’s costs if they got out of control, meet together and come to a common when they need health insurance; nor whether they have a public option or agreement as to which States would be have they suggested eliminating Med- they do not. So they are protected. dominated by which companies and, as icaid, which involves health insurance One would think that would be an I understand the McCarran-Ferguson for the poorest in America. Some 40 adequate argument for them. The fact law, the Federal Government would million to 50 million Americans are that it is not an adequate argument have no power to stop them. covered by Medicaid. They have not suggests to me there is a little bit We can stop virtually any other suggested eliminating veterans health more at stake; that the real party in group of companies trying to do the care, another government health care interest is not the constituents of their same anticompetitive things, but there program which helps millions of those own States, it is the private insurance is no power to stop the health insur- who served our country; nor have they industry. ance companies because of McCarran- suggested eliminating the Children’s Mr. DURBIN. If the Senator will Ferguson under our Federal antitrust Health Insurance Program, a creation yield, to put clarity and a final point laws. of the Federal Government, so that lit- on this, if this is enacted into law and I say to the Senator from Rhode Is- erally millions of children across a Governor or some leaders in any land, does this not also suggest that America have this kind of protection given State decide that the public op- when the health insurance companies and the parents have peace of mind. tion in their State, giving the people threaten they are going to raise pre- By my estimation, more than a third who live in that State an additional miums, we ought to take them seri- of the people in America have protec- choice when it comes to the health in- ously? They have the power to do it,

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.069 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10842 CONGRESSIONAL RECORD — SENATE October 28, 2009 and they certainly have a long, rich without insurance, premiums doubled snarled in the health insurance system. history of doing that. So when they in 9 years, and these huge CEO salaries. She says: say: If you pass health care reform, we I think the public option is the key I have a full-time job with a good salary. I are going to raise premiums, count on to bringing competitiveness to this own a home. I have health insurance. I am a it; they are going to do it. market. I am glad the Senator from middle-class American doing everything I If we do not create the competition Rhode Island and the Senator from Illi- think I should. And yet I am now saddled of a not-for-profit public option health nois are working in committee to see with thousands of dollars in medical bills insurance company, they literally will that our antitrust units may be able to that I cannot afford to pay. not face competition. get involved in these kinds of situa- The stories go on and on of people in Mr. WHITEHOUSE. Yes, exactly cor- tions in the future. this system. Coreen from Cranston, RI, rect. Unless they are involved in boy- (Mr. BENNET assumed the chair.) wrote me. She has health insurance cott or coercion, they can fix prices, Mr. WHITEHOUSE. If the distin- through her employer, but the insur- carve up territories, do innumerable guished Senator will yield, the way ance company jacked up its premiums anticompetitive things that any other this works out in individual people’s so high this year that her husband’s industry in America would have to an- lives—it is important for us as policy- employer was forced to switch to a swer for in a court of law. They get a makers to understand what the Sen- high-deductible plan. She has a deduct- pass on it because of the McCarran- ator from New Mexico pointed out; ible of $2,000. So now Coreen and her Ferguson Act. But it shows, as the Sen- that is, a 428-percent increase in insur- husband take turns who is going to see ator from Illinois is pointing out, how ance company profits in just 7 years, the doctor, depending on which one of vitally important competition is be- while they are turning people down and them they think is the most ill. The cause that public option, I doubt it is pushing them off coverage, even 47 mil- healthier one doesn’t go and lets the going to sit down with private insur- lion Americans uninsured, denying one they think is sicker go. Do they ance industry and fix prices or carve up their claims, while the profits are know? Of course not, they are not ex- territories. It will have a public pur- going up like that. That is a very im- perts, they are not doctors, but they pose and a public function, and it will portant story. have to make this decision because be serving the people rather than the But then you get down to the actual they have had this limitation put on shareholders of the insurance company. people who get tangled up in this and their policy. Mr. UDALL of New Mexico. Madam what it does to their lives. Nicole from She wrote to me: President, I say to Senator Providence, RI, wrote to me. In 2008, We have no other option but to be held WHITEHOUSE, let me join in here with her doctor prescribed a number of tests hostage by our insurer. In our current sys- him and Senator DURBIN because the she needed to take because she was ex- tem, people come second and profits come thing he pointed out—and that is the periencing stomach problems. Similar first. crux of this argument, right here on to many Americans who have gotten For all the big picture stuff we are this chart—that when we talk about a into these nightmares, they come in talking about, it is important to re- public option—and the Senator has hit thinking they are all set, they have member that all these big pictures it over and over again and Senator good health insurance. come down to homes and families and DURBIN mentioned it—it is competi- Nicole thought she had good health people and workers all across this tiveness. That is what we want to see, insurance. She never imagined she country, all of whom find that this competitiveness. We are not talking would have any problem covering her health care system is a nightmare for about a government takeover. We are medical costs. But the insurance com- them under the private health insur- not talking about single payer. We are pany, once it started getting the bills, ance regime. not talking about all these things our went scurrying around through its files Mr. DURBIN. If the Senator will friends on the other side of the aisle and started to look for a way to get out yield, I would like to note that I re- say about this reform. We are talking of having to pay. Sure enough, they de- ceived a similar letter from a man in about making the system more com- cided that her condition was ‘‘pre- Illinois who had a $5,000 deductible be- petitive. existing.’’ The magic word so they cause he had a history of illness. So in People may not realize that in many don’t have to pay. Sure enough, they order to buy health insurance he could of our States, when you talk about in- denied thousands of dollars of Nicole’s afford, he had to be willing to first put surance company monopolies, there are claims. out $5,000 in cash out before they would States where more than 75 percent are So now there is Nicole. She thought cover the first dollar. He was told by covered by just two insurers. So we she had insurance. She thought every- his doctor, because of an examination, have the State of Montana with two in- thing was fine. She had this stomach that he would need a colonoscopy, surers, more than 75 percent of the illness. She had to take these tests. which is rather common and certainly market. Look at Minnesota, Iowa, all She sends in the bills to the insurance a thoughtful thing to do when there is these darker States, Maine. These company and they say: No, sorry, that an indication. But he found it would States have very little competition is preexisting. So she is scrambling to cost him $3,000 out-of-pocket for a going on. pay off thousands and thousands in colonoscopy, and he would have to pay What the Senator talked about is, debt. That starts you off into the whole that because the insurance plan didn’t No. 1, the Federal Government cannot set of other problems, those adminis- cover it. He didn’t have the $3,000. move in. I don’t know if Senator DUR- trative costs I was talking about. Mr. WHITEHOUSE. May I inquire BIN heard this. But at the beginning, Those administrative costs are spent back if the insurance company, to the there was a big national news article fighting patients, fighting their cli- Senator’s knowledge, actually checked that said the insurance companies are ents. to see if by taking the $3,000 getting ready to raise the rates because Here is Nicole constantly on the colonoscopy they might find out some- they know reform is coming, and there phone trying to get the correct docu- thing about his health so that in the is not a single thing the Federal Gov- mentation from her doctor to the in- long run everybody would save money ernment can do about it. We have a surance company, trying to get it to because they did the test at the right great antitrust unit over in the Justice match up, and it never does and the time? Department, but they cannot do any- bills keep coming. It is not only that Mr. DURBIN. Well, I don’t know the thing about it because we have these she did not get the health care she answer to that, but I would suspect laws in place. needed and the company would not pay that they did not because the concern This is, once again, what we are for it, it is when she tries to sort it out, for that insurance company is the bot- going to see. This is the pattern in the she gets into this bureaucratic night- tom line for that quarter. They are not past: Skyrocketing insurance pre- mare with that bureaucracy that grew concerned, as they should be, about the miums, sky-high insurance company 109 percent just in this decade arming long-term health of this man. If there profits. In the last 7 years, a 428-per- up to fight people such as Nicole. is an indication that leads to a cent increase, and all that is going on Here is what she concluded. This is a colonoscopy, it makes common sense while these 47 million Americans are regular person from Providence, RI, that you would do it because things

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.070 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10843 discovered early can often be treated As Senator WHITEHOUSE has said, we Mr. UDALL of New Mexico. Well, Mr. successfully, and things that you don’t talk about all these things—sky- President, to talk a little about that treat can turn into very expensive and rocketing premiums and profits and ev- situation, I think it is important to un- deadly diseases. erything—but it comes down to fami- derstand, first of all, that we have so Mr. WHITEHOUSE. The public op- lies and individuals with serious health many people out there who are unin- tion, therefore, might be much more care problems. In many cases, those sured—absolutely uninsured. As Sen- adept and likely at making that invest- problems are not being dealt with in ator DURBIN has described, many times ment in the constituent’s health be- our health care system. they lose their job and they lose their cause it is worth spending $3,000 for a Mr. WHITEHOUSE. The story the insurance, and that is what this reform colonoscopy if it will help prevent a Senator just told, reminds me of one. I is all about. We are not going to have catastrophic illness later on. do regular community dinners around that connection any longer. We are Mr. DURBIN. That is the key word, Rhode Island. I go to a community, and going to say to Americans: You are ‘‘prevent.’’ We have to move toward a we put out nothing fancy—pasta and going to have your health care cov- new mindset that health insurance meatballs, a salad and punch, and we erage, and if you go from job to job, companies don’t think about—wellness invite people to come in and just have you are going to be able to continue and prevention. If we put a little a general discussion about the issues your health care coverage. If you are money into those, we can keep people that concern them. unemployed, you are going to be able healthier and keep costs down. At one of my recent community din- to continue your health care coverage. I am sure the Senator from Rhode Is- ners, a lady spoke about some difficult That is a big new step for us, to take land and the Senator from New Mexico run-ins with the health care system. people who didn’t have insurance, who will recall the visit we had from the The worst part of it was about her sis- were subject to the vagaries of exist- CEO of a major grocery store chain— ter, who had the same situation as the ence out there, and point the way to Safeway/Dominix—and how they de- Senator’s constituent. She did not have where they are going to get insurance. cided for their management to try to health coverage and she missed an ap- They are going to get help for their do preventive care. I recall the CEO pointment with the doctor. She didn’t families, and I would just say that we telling us that because of preventive want to put out the money, so she went are at the right place at the right time. care, they have been able to keep their without. By the time she actually did Things have aligned. health insurance, which is a self-in- go to the doctor, the condition had We have President Obama, we have a sured plan, even for 3 straight years worsened. Democratic Senate, we have a Demo- without increases. The doctor told the woman at my cratic House, and we need to get this So prevention and wellness not only dinner: Your sister’s condition, if she done in this time period. We know we keep people healthier but reduce cost. had come in earlier, we could have are going to be opposed. Our friends on But if you were trying to drive the bot- cured her. But as advanced as it is now, tom line and just said no to people who the other side are going to do the same I don’t think there is much we can do need a colonoscopy or need a mammo- thing the Senator mentioned on unem- about it. They tried what they could, gram or prostate cancer treatment, di- ployment benefits. They are going to and it was very expensive, obviously, abetes maintenance—if you are saying stand up and use every trick in the no to all of those things and those peo- but ultimately they could not save her. book. They are going to use all these So when we don’t get this right, and ple—the ultimate cost in human life filibuster rules, and they are going to when people forgo health care because and in dollars goes through the roof. make us file everything. But we will Mr. UDALL of New Mexico. If the they can’t afford it, and because our stay here long nights, we will stay Senator will yield, the Senator from Il- system is set up to not pay for things through to the end so that we can help linois has hit on an example that that are essential preventive care, peo- the individuals like those we have been comes home to me because I had a gen- ple lose their lives. It is a matter of talking about to get insurance regard- tleman write to me from a small com- statistics and it is a matter of cost and less of what their personal cir- munity in New Mexico—Pena Blanca— it is a matter of tragedy, but ulti- cumstances are, regardless of things about his wife. He said his wife had mately it is also a matter, for many such as preexisting conditions and seri- reached the age of 50, and she wanted people, of life and death. ous illnesses and getting dropped by in- to do what she could in preventive Mr. DURBIN. If the Senator would surance companies. care, which is what we want to encour- yield once again, I would like to make Senator WHITEHOUSE. age, as the Senator is talking about, to note for the record that we are on the Mr. WHITEHOUSE. I would add an- get out in front of illnesses and try to Senate floor this evening, and we have other element in responding to Senator do that preventive care. So she wanted time to speak on this important issue DURBIN’s question. They may very well a colonoscopy, and she went to the in- because the Republicans are blocking be eligible for Medicaid or Medicare, in surance company that said: Well, it is our efforts to pass a bill that sends un- which case they would go on to those going to cost you $3,000. They didn’t employment compensation to literally programs. But, if not, they would very have $3,000, so she had to forgo the hundreds of thousands of Americans likely be eligible under this health care colonoscopy. That was when she was 50 who have been out of work for a long reform for a significant subsidy to help years of age. time and need these checks to keep them pay for health insurance. At 54 years of age, she was diagnosed their families together. They have now What is interesting about the way with colon cancer. So he writes to me resisted us for 21 days to extend unem- that works is that they do not have to saying that his wife is dying and he is ployment benefits to these people go into a government program to get in this situation now where he realizes across America. I am sure in each of the subsidy. We are trying to make if they had had that kind of preventive our States, as I found in Illinois, many health insurance more available to care, he would have his wife with him of these unemployed people have also more middle-class families. So what and would have her with him a lot lost their health insurance as a result they do is go to the health insurance longer. of losing their jobs. exchange, which is like a market for It demonstrates what the Senator I would like to ask either or both of health insurance or, if they work for a has just said, that if we reorient our the Senators to comment on what this big company or the State or county or health care system to prevention, to health care reform proposal that we Federal Government, there is a period wellness, if we use the public option— are talking about would do for a person where they go and sign up for the we use the nonprofit method—we will who has either lost a job or is in a low- health insurance they want. then be moving in the direction of get- income category; someone who is Your H.R. person says: OK, now is ting way out in front of these illnesses scraping by with a low-wage job, hop- the time to choose your policy for the rather than having tragedies such as ing for something better, or maybe coming year. They give you your this gentleman from the small town of that is the best they can come up with. choices and you select from your Pena Blanca, NM, describes. It is a cry- Would either of the Senators like to choices. You have a labor agreement or ing shame to see that kind of thing respond as to what this legislation, our a contract agreement or a statutory happen to a family. health care reform bill, is proposing? provision that lets you know how much

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.072 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10844 CONGRESSIONAL RECORD — SENATE October 28, 2009 your employer is going to contribute, whether the other insurance reforms small businesses—in the State of Colo- but you get to choose, just like the are a good idea, accusations that this rado, but I also know in other States as Federal Employees Health Benefits is just a government takeover of health well—I wonder sometimes what people Plan we are in—that all Federal em- care. What people are ignoring is what are fighting against. What we are fight- ployees are in. is happening right before our eyes. ing for is a much more intentional ap- That is the model, so that somebody In my State, median family income proach to coverage, a much more in- who can’t afford the insurance they has actually declined by over $800 over tentional approach to quality, a much want will get their stipend from the the last 10 years. That is before this re- more intentional and rational approach government and then they will go to cession we are in right now. In the to how we finance all of this. the exchange and be able to choose. country it has gone down $300. In my It has been a pleasure to hear you to- That is why it is called the public op- State, the cost of health premiums night. I wanted to come and be part of tion. If there is a public option in that over that same period of time went up the discussion. State, they will be able to choose the 97 percent—it doubled. We are saying Mr. WHITEHOUSE. Of course, any- public option. If they do not like the to working families, you are going to body in the situation Senator BENNET public option, they can choose Aetna earn less but the cost of health insur- described, if they don’t like the idea of or Blue Cross or Wellpoint or Cigna or ance is going to go up by twice. Not a public option under this legislation whoever is doing business in that State only that, but the cost of higher edu- they are completely free to not sign up and buy through the exchange. cation is going to go up 50 percent. for it. Nobody in America will be forced So for people in the circumstance the Working families are getting squeezed. into the public option. We don’t even Senator talks about, who are in eco- What is happening is—because they connect the subsidy, the stipend that nomic straits, this will be an easier are having double-digit cost increases makes health care affordable for Amer- way to buy health insurance. It will be every year, because small businesses ican families, to the public option. We a way they can afford health insurance, are spending 18 percent more than give it at the exchange in this legisla- and it is a way that leaves the choice large businesses to cover their employ- tion. up to them. That is where the public ees—we are seeing already fewer and If you want to spend your govern- option comes in because when they fewer people getting insurance from ment stipend to help make health care have that choice, I think for a lot of their employer. The number of people more affordable on Blue Cross, on Americans looking at the way costs are who are insured by employers in my Aetna, on Cigna, on whoever does busi- going and looking at the way they get State is dropping like a stone. The ness in your home State, you are wel- treated by the health insurance compa- number of small businesses that are come to do that. The public option is nies, they are going to say: The choice able to offer insurance anymore to an absolute free choice. There is not a between all those for-profit health in- their employees is dropping like a single person in this room, not a single surers, that is no choice at all. That is, stone, which is heartbreaking to a lot person in the United States who, if the which enemy do you have to sign up of people because a lot of these busi- public option passes and they choose for? I use the word ‘‘enemy’’ because I nesses are family businesses where not to participate, has any adverse have had people tell me the terrible they pride themselves on having of- consequence at all. thing about getting ill in this country fered insurance for many years. The one thing they may have happen is that they have to, on the one hand, Where do these people end up in this to them if the public option is success- fight the disease and, on the other debate we are having right now about a ful is—if it is not sucking profits out of hand, fight the insurance company. public option versus not? If they are the system, if it is not building that And they do see them, when they get poor enough, they end up on Medicaid, huge administrative superstructure to involved in that, as the enemy. a government program. If they are not, fight with the doctors and hospitals so When they have a choice between a they end up going to the emergency that they have to build a matching one whole bunch of insurance companies room where they get uncompensated to fight back from, if they are actually and they all share the purpose of try- care that we all pay for as taxpayers. investing in, as you say, prevention ing to throw them off coverage if they In the case of my city, in Denver, we and quality improvement and elec- are sick, trying to deny them coverage have an excellent public hospital. They tronic health records and paying doc- when they get sick, trying to deny the did a study 3 years ago that showed tors in a sensible way so they don’t claims their doctor puts in, trying to that in 1 year they spent $180 million have to run up procedures to get paid— interfere with what their doctor wants treating people who were uncompen- if they do all that successfully, they them to do to get better, if those are sated, who were employed by small will drive down the cost. Because it is all their choices, that is not much of a businesses. These are people working competitive, those private insurance choice. for a living every day but who do not companies will have to follow. What That is where the public option can have insurance. Who pays that bill? you may get if you do not like the pub- provide a real choice to people when We, the taxpayers. lic option is you will get your stipend they come in. They will have the dig- What I would say to people on the just like anybody else, if you are in the nity of being able to make that choice other side, or even on our side who are right income category. You will say I for themselves and their family saying this is a bad idea, to give people don’t like the public option. I have no through this program in our reform. more choice, more option, is that the business with anything to do with the I see we are joined by the distin- system we have right now is landing government health care, I don’t want guished Senator from Colorado, Mr. people in public government options or any part of it, I am going to the pri- BENNET. landing them in the emergency room vate sector—and you can buy that. You (Mr. UDALL of New Mexico assumed where the taxpayers are having to may in that circumstance actually see the chair.) cover them with uncompensated care. your private sector insurance rates Mr. BENNET. I have been listening We are just doing it in the least inten- come down because of nothing you did to the debate, and I wanted to join in tional way possible. We are doing it in but because of the public option being and respond to Senator DURBIN’s ques- the least thoughtful way possible and out there and being competitive. tion about people leaving their insur- in many respects doing it in the most If the public option is uncompetitive ance carrier and going on Medicare and expensive way possible. People are not and its rates go up, that is not going to Medicaid today, if they are eligible; getting the kind of preventive care hurt you. You are still in that private and if they are not eligible, they are they ought to be getting, the insurance company anyway. It is a just out of luck. I think it is impor- screenings they ought to be getting on ‘‘heads I win, tails you lose’’ situation tant, as we think about what this re- the front end so they don’t show up in for you; you are the winner on both form will bring, to remind people about the hospital emergency room when sides. what is happening with the status quo they are dreadfully sick. Mr. BENNET. If the Senator will as it exists right now. When I hear the objections to this yield, there is one other important We are having all this debate about and I realize how painful the status quo component to this that people in my whether a public option is a good idea, is right now for working families and State have been talking to me about a

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.073 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10845 lot over the last 6 weeks or so. It has $700 billion every year out of this hundreds of billions of dollars that are become clear that as part of this re- health care system if we could wring out there, from 3 percent in Medicare form, because this is the way insurance the excess costs out of it—the unneces- to 30 percent or more in the health in- needs to work if you are going to cover sary MRIs because you don’t have an surance industry. everything, as part of this reform there electronic health record and you have There is no doubt that the savings is a requirement that everybody have to go out and replicate it because you can be squeezed out of this system. insurance. don’t have the file with you; the to- That is what the public option does. People are saying to me: MICHAEL, I tally unnecessary staff fighting with That is what we have been tonight want you to make sure you give me as each other over who should get paid talking about, night after night. I am many options as possible. If you are and who should not get paid; the $60,000 so thankful that Senator WHITEHOUSE, going to make a requirement as part of it requires, on average, when you get a in the HELP Committee, his service in this, I want to maximize my choice. I hospital-acquired infection in the in- the HELP Committee, volunteered to want to be able to look at everything, tensive care unit. If you could prevent write the public option for that health whatever you call it—whether it is pri- it, you save. Those are the kinds of bill. That contributed so much to this vate insurance or public option, non- numbers that add up to these numbers. debate. It gave us the outside param- profit plans—I want to be able, they If you could save $700 billion a year—I eters for what we are debating right say, to make the best decision that is am not saying you could do it, but it is now, and our leader, Senator REID, has in the interest of my family or make a big target out there—investing $1 now stepped forward and said he wants the best decisions in the interests of trillion over 10 years to get a piece of a public option with this opt-out provi- my business. that back only makes sense. It is plain sion. I don’t know why we would want to business sense. Mr. WHITEHOUSE. If I may step say on the one hand we are going to re- If you were in the manufacturing sec- in—— quire you to have insurance and on the tor and if you had an assembly line and Mr. UDALL of New Mexico. Please. Mr. WHITEHOUSE. It was a team ef- other hand say we are going to con- that assembly line was creating costs fort. I want to make sure that Senator strain the range of choices that you like this, so the price of your product BROWN of Ohio, our friend SHERROD can make on behalf of your family. We had to go up and up and you were hav- BROWN gets recognized. He had a very should not be making those choices ing all those casualties, people were important role in it. As the Senator here in Washington. Those are choices getting their hands caught in the ma- knows, he is very committed on this our families should be making for chine and mangled and it was lighting issue and fights very hard to protect themselves. up on fire because it was running out of the interests of consumers. Senator Mr. DURBIN. If the Senator from oil, and you were having all these prob- KAY HAGAN, our friend from North Rhode Island will yield, on his chart on lems with the system, somebody would national health expenditures, I have Carolina, also was extremely helpful. come in and say: You know what, you Because she has a more conservative heard my colleagues on the other side ought to spend a little money upfront perspective than we do, there was a of the aisle, the Republican side, come to get a good system put in to fix up wide range of views that were brought to the floor many times and decry this your assembly line because you will together. I think that is reflected in whole effort because it was going to save costs in the long run. That is all the fact that when the so-called Blue cost $1 trillion. We are not sure if that we are expecting to do right now, is get Dogs, the conservative Democrats over will be the exact number, but take it as those. There are so many disasters in in the House, wanted to work out a an example. We are talking about $1 the health care system right now, and public option, the public option they trillion over the next 10 years. If you to get that cleaned up and put a little signed off on was the Senate HELP accumulate the cost of health care in money down for that, that is only good public option. America over the next 10 years, start- common business sense, particularly I think it has good appeal for con- ing this year at $2.5 trillion, and as- when there is a big target such as that servative Democrats as well as progres- suming it goes up to at least $3 trillion, $700 billion a year savings and, as you sive Democrats, that it reaches across maybe $3.5 trillion, it seems to me we said, the cost of the next 10 years will the whole aisle. I hope by the time the are dealing, over that period of time, be well north of $30 trillion if we do not dust settles, reasonable Senators of the with an accumulated cost of health do anything about this. other party will also join us in this be- care in America over 10 years of $30 to (Mr. BENNET assumed the Chair.) cause it only makes sense. If, as the $35 trillion, I think, is probably a fair Mr. UDALL of New Mexico. Mr. President’s Council of Economic Advis- estimate. President, the example on the savings ers says, it is ‘‘possible to cut total Mr. WHITEHOUSE. I agree. is right there, in the examples before health expenditures by about 30 per- Mr. DURBIN. One trillion dollars as a us. We just talked about Medicaid. cent without worsening outcomes,’’ if percent of that comes out to less than Medicaid has a 3-percent administra- there is 30 percent of waste and fight- 3 percent of the overall cost of the sys- tive cost. We are talking about a pro- ing you are talking about, and it adds tem and the savings we are trying to gram, when I go into my townhall up to $700 billion as the President’s build into this approach, by trying to meetings and visit with people, people Council of Economic Advisers said, and find ways to reduce costs, to reduce the say they like Medicaid, they like what if you add up the numbers from the fraud and waste that is part of health they have. Here is a program that is Lewin Group, this here—they actually care today, to give people options so running with 3 percent administrative anticipate bigger savings, they antici- that they have more competition, costs. pate $1 trillion a year in potential sav- bringing down the cost of premiums—I When we talk about the insurance ings if—you could get all the excess would say to my friends on the other companies, because of what the Sen- costs out—it is $1 trillion a year—it is side of the aisle arguing that $1 trillion ator mentioned, how they fight the a phenomenal target to shoot for. is a huge sum, certainly when you deal claims and you have to get all these That is why making the public op- with $1 trillion it is, but in comparison people in the doctor’s office trying to tion competitive is such a good idea. to the overall cost of health care over prove claims, and then back and With this cost we cannot keep doing the next 10 years it is less than 3 per- forth—doctor’s offices many times told the same old thing and subsidizing. We cent of what we anticipate. And it is me 50 percent of the people in the of- have to change the direction of the largely made up of savings within the fice are there doing this administrative health care system and the public op- current system. I think that is the work because of what the insurance tion will do that. point they miss when they use that fig- companies have created. Mr. UDALL of New Mexico. We are ure on the floor so frequently. When you ask the big question to in- near the end of our hour right here. I Mr. WHITEHOUSE. I think the Sen- surance companies, how much is your wish to read one more letter and then ator has made a very good point. I add administrative cost on the health in- Senator WHITEHOUSE may have some to it by going back to the figures from surance industry—30 percent. I think concluding remarks. But I think this the President’s Council of Economic there is enormous room for improve- letter drives home what we have been Advisers that suggest we could save ment when we are talking about the talking about all night. I received a

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.074 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10846 CONGRESSIONAL RECORD — SENATE October 28, 2009 letter from a man in Carlsbad, NM. The PRESIDING OFFICER. The administration. And then I think it is This man’s wife was denied insurance clerk will call the roll. vital—and it is unanimously seen to be benefits after she fell at the school The assistant legislative clerk pro- vital by the officials I spoke to—that where she is a teacher. And here is ceeded to call the roll. vigorous efforts against corruption be a what he said: Mr. WHITEHOUSE. Mr. President, I leading part of President Karzai’s com- Her orthopedic surgeon told us that her ask unanimous consent that the order mitment to the Afghan people. fall aggravated her degenerative condition in for the quorum call be rescinded. Confidence in us is equally impor- her knees and spine. He felt he could no The PRESIDING OFFICER. Without tant, but confidence in us must be longer treat her without surgery and rec- objection, it is so ordered. measured against its counterweight, ommended that she have both knees re- AFGHANISTAN which is dependence on us. President placed. She had one knee replaced . . . , but Karzai, his ministers, and his chal- before she could have the other knee re- Mr. WHITEHOUSE. Mr. President, I placed or her back treated, she was sum- have just returned from Afghanistan. I lenger, Dr. Abdullah, are extremely moned to Albuquerque where she had to ap- was there over the weekend. I wanted grateful for the sacrifice that America pear before a panel of three doctors. to take a moment and share a few im- has made for the benefit of their peo- The lead doctor on this panel rules that pressions. I traveled with Senator ple, and they do not hesitate to say so. she needed no further treatment of any kind. BURR, who is a colleague of mine on But at the same time, it is a realistic One of the doctors wrote a dissenting opin- the Intelligence Committee, and with human impulse to be pleased if some- ion, but her coverage was cut off. The dis- one else will do something for you that senting doctor later apologized to my wife, Senator LEMIEUX of Florida. We visited stating that he hated serving on those panels Kabul, Jalalabad, and a military loca- you would otherwise have had to do because the lead doctor always ruled in favor tion further out in the field. yourself. of the insurance company and against the It was my third trip to Afghanistan. So, on the one hand, assuring the Af- patient. That makes me no expert. But I do ghan people of our reliable and endur- The health insurance industry cannot be hope my observations might be of some ing commitment to their struggle, trusted. Without the public option the Amer- while, on the other hand, ensuring that ican people will not have the choice they de- interest or use to my colleagues. Be- fore I begin, our colleagues should the Afghan Government meets its re- serve. The public option would bring needed sponsibilities, rather than just relying competition to the industry. I strongly urge know the perception in Kabul of how you to support the public option. extremely valuable the efforts of our on us to fight their war, is the difficult balance we must achieve. colleague Senator KERRY have been. It That is my constituent writing me. The more President Karzai—after was clear the resolution that we saw to He has really hit it on the head. I think this election is settled—can assume the the election dilemma could not have the gentleman from Carlsbad said it mantle of a wartime President and ac- happened without Senator KERRY. best when he said: The public option cept responsibility that he is the mili- The more our officials in Afghanistan would bring needed competition to the tary leader of this struggle, as well as knew about that situation, the strong- industry. the newly elected leader of Afghani- You saw this chart earlier here about er their views were about Senator stan, the better it will be. But it also KERRY’s irreplaceable role. Even Presi- the lack of competition and how we seems to me that a strategic agree- dent Karzai commented on it in our have these insurance companies with a ment with the Afghan Government, a meeting with him. So a well earned monopoly. Right now health insurance strategic agreement that more clearly ‘‘well done’’ to our colleague and companies are basically monopolies or lays out the responsibilities and the friend. duopolies, at best. In New Mexico, we commitments on either side, would be While the situation in Afghanistan is have two companies that hold 65 per- a good vehicle to set that balance. cent of the market. This kind of con- obviously complex and difficult, the The confidence of the Afghan people trol means there is no incentive for best news for us is that the Taliban re- in our steadfastness is necessary to competition. There is no incentive to mains very unpopular. The Taliban’s their willingness to fight this enemy, drive down those costs. A public option strength comes from the fact, not un- and the Afghan Government stepping would insert that competition back reasonably, that many Afghans are ter- up clearly to its responsibilities is nec- into the market and it would keep rified of them. essary to our willingness to fight this those insurance companies honest. If the Taliban are willing to ride into enemy. Together, where those goals I thank Senator WHITEHOUSE, Sen- town and cut off the ears of the village intersect, we can win. Divided, we can- ator DURBIN, Senator BENNET from Col- elder’s son in front of the whole vil- not. orado, for being down here. We have lage, it requires considerable courage Sorting this out will not be easy. For been doing this for weeks now and we and confidence on their part in us and too many years, we have been ‘‘mud- are going to continue this. I do not the Afghan Government for that vil- dling through’’ in Afghanistan. Presi- know if you have any concluding re- lage to stand up to those Taliban. dent Obama’s appointee, General marks. But I think this has been a very The Afghan people do not lack cour- McChrystal, has now called for a new productive session. I hope we will con- age. Indeed, their courage and resist- strategy. I think the President is wise tinue until we get health care reform ance in standing up to the Soviet inva- and patient to think this through care- done and with a public option as part sion are among the reasons the Cold fully as he leads us out of the muddle of it. War is over, and why America is large- and develops a winning strategy. Mr. WHITEHOUSE. Only to thank ly out of the shadow of that nuclear No one I spoke to in Afghanistan the Senator for organizing this time so threat. When we think of our role in thought the need for new troops was we could engage in this colloquy on a Afghanistan, it is worth considering immediate. The 21,000 additional troops matter that is so important to Ameri- our obligations in the light of what President Obama sent are still being cans on a matter where so much of their struggle against the Soviet Union absorbed. Winter is coming with its what has been said has been so mis- has meant for our country, our safety seasonal lull in the violence. Questions leading and unhelpful. and our liberty. So courage is not about Pakistan’s role supporting the The chance we have to talk about the something that Afghans lack. Taliban in Afghanistan are unresolved, actual public option as it is in real life, But there is a compelling need for questions whose answers will make our not some overheated imaginary public the Afghan people to feel confidence in challenge in Afghanistan either far option that has been cooked up by the their government and confidence in us. more easy or far more difficult. This is other side for the purpose of knocking The best avenue to increasing Afghani not simple and should not suddenly be it down, I think is very helpful to help confidence in their government will be rushed now, after years of muddling. the American people understand the di- reducing government corruption. It is a In evaluating the decision that Presi- rection we are trying to go. The Sen- pernicious cancer throughout much of dent Obama faces, it is worth consid- ator’s role in getting this done is very the Afghan Government. ering the actual report that General much appreciated. Once this election is settled—and I McChrystal provided. We have heard a Mr. UDALL of New Mexico. Mr. will assume that President Karzai will lot about it, and most of it has had to President, I suggest the absence of a emerge victorious—President Karzai do with the immediate deployment of quorum. can then turn his attention to his new troops.

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.076 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10847 The report, if you look at it, has a McChrystal has faced this point working by night to disable enemy slightly different cast. In his report, squarely. leaders; the interrogators, working far General McChrystal identified ‘‘two Third, and somewhat amazingly—I from home to develop intelligence fundamental changes’’—that is his will quote again— about this enemy, well within the quote—‘‘two fundamental changes’’ Major insurgent groups outperform GIROA bounds of decency and the norms of that are required. and ISAF at information operations. military conduct, and very success- One is this—and I quote— Again, ISAF is the International Se- fully; the analysts, at work 24/7, proc- ISAF must focus on getting the basics curity Assistance Force. GIROA is the essing that intelligence to maintain right. acronym for the Government of the Is- nearly immediate situational aware- ISAF is International Security As- lamic Republic of Afghanistan. So I ness for our forces; the pilots, deliv- sistance Force. It is the international plug that into the quote and it says: ering goods and personnel wherever force that America leads in Afghani- Major insurgent groups outperform the and whenever required; and the vast stan. Here is one: ‘‘ISAF must focus on Government of the Islamic Republic of support structure that keeps those air- getting the basics right.’’ Afghanistan and the International Se- craft operational in one of the harshest Two: curity Assistance Force at information environments on Earth; the marines, ISAF must also adopt a new strategy. operations. clearing and rebuilding villages in I will tell you, for a country that in- Helmand Province, not just rebuilding Those are his one and two points— vented Madison Avenue advertising villages but rebuilding trust and secu- ‘‘getting the basics right’’ and ‘‘adopt a and public relations, this is a bitter rity for those families; our silent serv- new strategy.’’ pill. And this was confirmed during our ices, whose only reward is their success To continue quoting General trip. Although we saw a few areas that and the respect of their peers; the re- McChrystal’s report: gave us hope, overall, officials ac- construction teams, working to bridge The key take away from this assessment is knowledged that information oper- barriers of culture and language, and the major need for a systematic change to ations appear to be operating with far our own bureaucratic barriers, to re- our strategy and the way we think and oper- build the infrastructure of civilized ate. less sophistication and energy than life: schools for girls, roads to mar- Let me quote that again: tactical military operations. I have the impression that for too ket—that is all just a slice of the cour- The key— long this function has been seen really age, devotion, and skill that Americans This is the McChrystal report quoted as information supply rather than in- are bringing to this challenge. verbatim— formation combat. Everybody in this My final observation is this: Wher- The key take away from this assessment is Chamber has gotten here—or at least ever I have been on three visits now, the major need for a systematic change to almost everybody has gotten here— American soldiers of all ranks have a our strategy and the way we think and oper- after having won an election in which tangible respect and affection for their ate. they had to engage in prolonged infor- Afghan counterparts. The Afghan sol- That is the task on which the Presi- mation combat against the other side dier could be centuries behind us tech- dent has embarked, and after years of to get their message across. Our infor- nologically, but he comes from a mar- muddling, I think he is entitled to a mation operations do need to be im- tial tradition lasting thousands of reasonable time to get it right. proved in Afghanistan, and it is com- years, producing men who are brave, I would like to highlight three of the mendable that General McChrystal has resourceful, hardy, principled, and will- areas that General McChrystal empha- recognized it. ing to fight. sized in his report. Let me be clear. This is not propa- I remember a bearded special forces I will quote again. One: ganda. This is not making up a lot of officer telling me about the comman- Tour lengths should be long enough to spin. This is getting the facts out fast- does he was training, that when he build continuity and ownership of success. er and better. As General McChrystal went out on patrol with them, he had Afghan society is deeply complex, noted in his report—and I quote no hesitation. They called each other personal, and it is governed by codes of again—‘‘this is ‘a deeds-based’ informa- brothers. And he said there was not a conduct and honor. Our decisionmakers tion environment,’’ but we do have the man in his group who would not lay on the ground need to know the social deeds. We have villages peaceful. We down his life to protect him. For all terrain to be effective. That message have markets opened. We have Taliban the difficulties we will face—and this is has been loud and clear from my trips fighters turning in their guns to seek not easy—I think this aspect provides a to that country. But the conclusion reconciliation. platform for some optimism about from the general is that ‘‘Tour lengths We have, on the negative side, hor- growing an effective Afghan national should be long enough to build con- rific Taliban atrocities that offend Af- military and police to assume its nec- tinuity and ownership of success.’’ This ghan culture as well as our own—so essary role protecting Afghanistan’s will be hard on our troops and their that we can tell a winning and truthful security and sovereignty and speeding families, and it will also be hard on the story to the Afghan people, but, as our return home. I thank the Presiding Officer. I yield back-office bureaucracies that have to General McChrystal has acknowledged, the floor, and I note the absence of a accommodate this. But that is what he we have to get better at this. I will conclude with an expression of quorum. said. There it is. The PRESIDING OFFICER. The gratitude and a final observation. We This is another quote. Two: clerk will call the roll. ISAF must operate differently. Pre- should be extraordinarily grateful to The bill clerk proceeded to call the occupied with force protection, ISAF has op- our Americans serving in Afghanistan, roll. erated in a manner that distances itself, not just for their courage and sacrifice, Mr. WHITEHOUSE. Mr. President, I both physically and psychologically, from which are remarkable in themselves, the people they seek to protect. ask unanimous consent that the order but also for their skill to fight an for the quorum call be rescinded. An example of this is that the recon- enemy of lunatics, criminals, and fa- The PRESIDING OFFICER. Without struction of a bridge or a school is good natics for whom no brutality is too of- objection, it is so ordered. and important and valuable, but if the fensive, while, at the same time, pro- f convoy of MRAPs ran everybody off tecting the civilian population within the road in all the villages that they which the enemy operates—all while MORNING BUSINESS went through on the way to that school protecting the values we Americans Mr. WHITEHOUSE. Mr. President, I or bridge, the signal that we are there hold dear. That is no small trick. ask unanimous consent that the Sen- to help is lost. The men and women who have devel- ate proceed to a period of morning This is a hard point that General oped this to an unprecedented level of business with Senators permitted to McChrystal has made: reducing the co- competence—even mastery—deserve speak therein for up to 10 minutes coon of force protection around our ci- our commendation: the Rangers, on each. vilian and military personnel creates long and arduous patrols through harsh The PRESIDING OFFICER. Without greater exposure to casualties. General terrain; the special operations teams, objection, it is so ordered.

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.077 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10848 CONGRESSIONAL RECORD — SENATE October 28, 2009 ENGAGEMENT WITH BURMA AND It is that search for international le- intendent of Badlands National Park. THE 2010 ELECTIONS gitimacy that has apparently driven Dr. Baker is retiring from the National Mr. MCCONNELL. Mr. President, I the SPDC to hold elections next year. Park Service at the end of this year, rise today on the floor of the Senate to But the 2010 elections are fraught with and his leadership at the park will be discuss events involving the troubled problems. As a preliminary matter, for greatly missed. I have enjoyed working country of Burma. these elections to be meaningful, the with Dr. Baker in his capacity as su- Earlier this year, I encouraged Sec- new ‘‘constitution’’ should be amended perintendent and want to take this op- retary of State Clinton to make Burma to provide for truly open electoral portunity to recognize his dedication a priority and to see how the United competition and democratic govern- to public service. ance. As it stands now under the jun- States could better achieve its policy Dr. Baker grew up on the Fort ta’s charter, if Suu Kyi’s party the objectives toward the regime. Several Berthold Indian Reservation in western NLD won 100 percent of the contestable weeks ago, the administration unveiled North Dakota. Education has been a parliamentary seats in next year’s its review of existing Burma policy. strong theme throughout his life, and The result is that the administration election it would still not control the his commitment to educating others is has undertaken a diplomatic effort key government ministries: Defence evident in his work at the Badlands. He with the State Peace and Development and Home Affairs. No matter what attended college at the University of Council, SPDC, in pursuit of the funda- they will remain firmly under military Mary in Bismarck and went on to earn mental U.S. goals of peace, democracy control. Moreover, the NLD cannot both his master’s and doctorate in edu- and reconciliation in Burma. amend the constitution to improve the cation administration at Pennsylvania Let me say that I wish the adminis- charter because the military is guaran- State University. Prior to joining the tration well with its diplomatic efforts. teed a quarter of the parliament’s National Park Service, he worked at I am hopeful this policy will meet with seats. That means the junta can block several universities and for the Bureau some success. In addition, I believe any constitutional change. Finally, of Indian Affairs. In 2004, he became su- that this interaction should not be lim- Suu Kyi may not even hold a position perintendent of the Casa Grande Ruins ited to talks merely with the SPDC but in the government; she is excluded National Monument in Arizona. In late should also include discussions with from office by the charter. I would say 2005, Dr. Baker came to southwestern the National League for Democracy, to my Senate colleagues, this is hardly South Dakota to serve as super- NLD, and representatives from Bur- a prescription for democratic govern- intendent of the Badlands National ma’s ethnic minorities. That said, I am ance. Park. The Baker family has been kind not sanguine about the prospects for But putting the flaws in the constitu- to the National Park Service and engagement with the regime. The mili- tion to one side, there would need to be South Dakota; his brother Gerard tary junta has shown no inclination a profound change in the political envi- Baker serves as superintendent of whatsoever to compromise on any issue ronment in Burma for next year’s elec- Mount Rushmore National Memorial. that might jeopardize the regime’s hold tions to be meaningful. For example, on power. According to news reports, in candidates would need to be permitted At the Badlands, Dr. Baker has over- July of this year, just weeks before the to freely speak, assemble, and organize. seen the management of a unique and unveiling of the new Burma policy, the So far as I can tell, none of that has oc- treasured landscape visited by more State Department at the highest levels curred. There would also need to be than a million people each year. Bad- offered to drop the U.S. investment ban international election monitors al- lands National Park encompasses against Burma if the regime released lowed in the country well in advance of 244,000 acres of some of the most spec- Aung San Suu Kyi. This was a major election day. This was not permitted tacular scenery in the world. The Bad- test of how the regime would respond during the 2008 ‘‘referendum.’’ Simply lands formations contain rich geology to diplomatic engagement, providing a holding an election is not enough; the and paleontological resources, and the golden opportunity for the SPDC to elections must pass muster. mixed-grass prairie within the park of- demonstrate that it had indeed With respect to next year’s balloting, fers visitors from around the world the changed its spots. Instead of accepting the NLD, the clear winner of the 1990 chance to view bison, bighorn sheep, this offer and freeing Suu Kyi, the re- elections which the regime abrogated, and other wildlife. Dr. Baker’s char- gime promptly sentenced her to an ad- faces a Hobson’s choice. It can either ismatic and respected leadership has no ditional 18 months of imprisonment. participate in the elections which are doubt had a positive impact on the ex- That does not augur well for diplo- almost certain to be unfair and thereby perience of each visitor to the park. matic engagement. legitimize the flawed constitution or The Badlands also have strong his- As part of its new strategy, the ad- boycott the elections and be treated as ministration indicated that, while it torical and spiritual significance to the a member of an unlawful organization. Lakota people. Dr. Baker has expanded will place a high priority on diplomatic Participation means casting aside its engagement, it will maintain the eco- visitors’ understanding of the Badlands 1990 victory; nonparticipation means through interpretation programs that nomic sanctions in place against the becoming outlaws. I am likely to sup- regime. It seems to me that, as matters recognize the cultural significance of port the NLD in whatever decision the the area. Among his most significant now stand, there are three significant party makes in this regard though I am tests of whether or not the junta’s rela- contributions, Dr. Baker has helped to not blind to the profound dilemma it improve relationships with tribes and tionship with the United States has faces. improved to the degree that we should bridge cultural divides. He has brought I would just close by paying special Native and non-Native students to the even consider moving away from a pol- tribute to Aung San Suu Kyi. Her grace icy of sanctions: No. 1, the release of Badlands to learn from one another and courage are an inspiration not only and find common ground. He has also all political prisoners, including Suu to the people of Burma but to us all. Kyi; No. 2, the free and fair conduct of fostered greater communication with Her imprisonment is a reminder of the tribes, particularly with regard to the the 2010 elections; and No. 3, Burma’s paramount importance of the need for compliance with its international obli- South Unit of the Badlands that is cur- freedom and justice in her homeland. I rently comanaged with the Oglala gations to end any prohibited military want her to know that I stand with her or proliferation related cooperation Sioux Tribe. Dr. Baker has brought a in her efforts to bring freedom and rec- level of understanding and respect to with North Korea. Short of tangible onciliation to the people of Burma. and concrete progress in these areas, these multi-faceted issues that de- the removal of sanctions seems to f serves recognition. make little sense. It is after all the ADDITIONAL STATEMENTS In closing, I thank Dr. Baker for his most significant leverage our govern- service at Badlands National Park and ment has over the SPDC. Sanctions wish him all the best in his retirement. make clear that the military junta has TRIBUTE TO DR. PAIGE BAKER Dr. Baker’s work at the Badlands will not achieved legitimacy in the eyes of ∑ Mr. JOHNSON. Mr. President, today leave a lasting legacy, and I congratu- the West. I pay tribute to Dr. Paige Baker, super- late him on his accomplishments.∑

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.049 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10849 RECOGNIZING IBEC CREATIVE iBec Creative is a remarkable small ENROLLED BILL AND JOINT RESOLUTION SIGNED ∑ Ms. SNOWE. Mr. President, our Na- business whose story demonstrates how The President pro tempore (Mr. tion has long recognized that small community involvement and encour- BYRD) reported that he had signed the businesses are the true innovators in agement can help entrepreneurs of all following enrolled bill and joint resolu- our economy. Indeed, according to the ages realize their aspirations and tion, which had previously been signed U.S. Small Business Administration, dreams. I commend Becky Stockbridge by the Speaker of the House: our Nation’s 27 million small firms for her innovation and determination H.R. 1209. An act to require the Secretary generate a majority of the innovation and wish Ms. Stockbridge and everyone of the Treasury to mint coins in recognition coming from American businesses and at iBec Creative the best of luck with and celebration of the establishment of the produce 13 times more patents per em- their burgeoning business.∑ Medal of Honor in 1861, America’s highest award for valor in action against an enemy ployee than their larger counterparts. f force which can be bestowed upon an indi- But to continue this trend, we need a MESSAGES FROM THE PRESIDENT vidual serving in the Armed Services of the new, younger generation of entre- United States, to honor the American mili- preneurs to rise to the forefront and Messages from the President of the tary men and women who have been recipi- open their own small businesses. That United States were communicated to ents of the Medal of Honor, and to promote is why I am proud to rise today to rec- the Senate by Mrs. Neiman, one of his awareness of what the Medal of Honor rep- ognize the entrepreneurial spirit and secretaries. resents and how ordinary Americans, ingenuity of a young woman from my f through courage, sacrifice, selfless service home State of Maine whose graphic and patriotism, can challenge fate and EXECUTIVE MESSAGES REFERRED and Web design company is providing change the course of history. H.J. Res. 26. A joint resolution proclaiming clients with, in her words, ‘‘ fresh ideas As in executive session the Presiding Officer laid before the Senate messages Casimir Pulaski to be an honorary citizen of that grow results.’’ the United States posthumously. iBec Creative was founded in 2006 by from the President of the United entrepreneur Becky Stockbridge. As a States submitting sundry nominations At 6:12 p.m., a message from the senior at the University of Southern which were referred to the appropriate House of Representatives, delivered by Maine, Ms. Stockbridge wrote a busi- committees. Ms. Niland, one of its reading clerks, ness plan to start a Web and graphic (The nominations received today are announced that the House has passed design business for medical profes- printed at the end of the Senate pro- the following bill, in which it requests sionals. She realized that this critical ceedings.) the concurrence of the Senate: segment of our economy was in des- f H.R. 3632. An act to provide improvements perate need of innovative and creative MESSAGES FROM THE HOUSE for the operations of the Federal courts, and ways to promote their expertise, in- for other purposes. cluding through brochures, logos, and At 9:33 a.m., a message from the The message also announced that the informational Web sites. With a $4,200 House of Representatives, delivered by House has passed the following bill, grant from the Libra Future Fund, a Ms. Niland, one of its reading clerks, without amendment: Maine-based nonprofit organization announced that the House has passed S. 1694. An act to allow the funding for the that supports young entrepreneurs, as the following bill, in which it requests interoperable emergency communications well as free office space awarded by the the concurrence of the Senate: grant program established under the Digital Maine Center for Enterprise Develop- H.R. 2489. An act to authorize a national Television Transition and Public Safety Act ment, she embarked upon her fledgling cooperative geospatial imagery program of 2005 to remain available until expended entrepreneurial career. To overcome a through the United States Geological Survey through fiscal year 2012, and for other pur- slow start, Ms. Stockbridge soon began to promote use of remote sensing data. poses. designing Web sites and graphic de- The message also announced that the The message further announced that signs for small businesses in other House has passed the following bill, the House has agreed to the following fields and by seizing upon these addi- without amendment: concurrent resolution, in which it re- tional opportunities, she greatly broad- S. 832. An act to amend title 36, United quests the concurrence of the Senate: ened her client base. States Code, to grant a Federal charter to H. Con. Res. 177. Concurrent resolution In her continued efforts to present the Military Officers Association of America, raising the awareness of the need for crime clients with cutting-edge technology, and for other purposes. prevention in communities across the coun- Ms. Stockbridge’s innovative assort- The message further announced that try and expressing support for designation of ment of development, design, and mon- the House disagrees to the amendment October 1, 2009, through October 3, 2009, as itoring services have turned iBec Cre- of the Senate to the bill (H.R. 2996) ‘‘Celebrate Safe Communities’’ Week, and ative into a well-respected five-person making appropriations for the Depart- October as ‘‘Crime Prevention Month’’. small company with an expected ment of the Interior, environment, and f $350,000 in revenue for 2009. iBec cur- related agencies for the fiscal year end- MEASURES REFERRED rently specializes in providing a wide ing September 30, 2010, and for other The following bill was read the first range of marketing and consulting purposes; it agrees to the conference services to its clients, such as Web de- and the second times by unanimous asked by the Senate on the disagreeing consent, and referred as indicated: sign and search engine optimization, votes of the two Houses thereon, and SEO, consulting, branding, internet H.R. 3632. An act to provide improvements appoints Messrs. DICKS, MORAN of Vir- for the operations of the Federal courts, and marketing, traditional marketing, and ginia, MOLLOHAN, CHANDLER, HINCHEY, project management. Additionally, for other purposes; to the Committee on the OLVER, PASTOR, PRICE of North Caro- Judiciary. iBec Creative utilizes emerging media lina, OBEY, SIMPSON, CALVERT, to promote its clients various brands. The following concurrent resolution LATOURETTE, COLE, and LEWIS of Cali- Ms. Stockbridge’s creativity, vigor, was read, and referred as indicated: fornia as managers of the conference and entrepreneurial commitment were H. Con. Res. 177. Concurrent resolution on the part of the House. recently recognized by BusinessWeek raising the awareness of the need for crime prevention in communities across the coun- as she was named a 2009 finalist in the At 11:40 a.m., a message from the America’s Best Young Entrepreneurs try and expressing support for designation of House of Representatives, delivered by October 1, 2009, through October 3, 2009, as competition. She is the only person Mrs. Cole, one of its reading clerks, an- ‘‘Celebrate Safe Communities’’ Week, and nominated from my home State of nounced that the House has passed the October as ‘‘Crime Prevention Month’’; to Maine and the first finalist from Maine following bill, with an amendment, in the committee on the Judiciary. since the contest began 5 years ago. which it requests the concurrence of f Ms. Stockbridge is competing against the Senate: MEASURES READ THE FIRST TIME 24 other young entrepreneurs from S. 1929. An act to provide for an additional around the Nation in this unique on- temporary extension of programs under the The following bill was read the first line challenge, and I look forward to Small Business Act and the Small Business time: hearing about her successful outcome Investment Act of 1958, and for other pur- H.R. 3617. An act to provide an extension of at the end of the competition. poses. Federal-aid highway, highway safety, motor

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.050 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10850 CONGRESSIONAL RECORD — SENATE October 28, 2009 carrier safety, transit, and other programs By Mr. ISAKSON: certain commissions paid by mutual fund funded out of the Highway Trust Fund pend- S. 1947. A bill to extend the temporary sus- companies; to the Committee on Banking, ing enactment of a multiyear law reauthor- pension of duty on 2-Aminothiophenol; to Housing, and Urban Affairs. izing such programs. the Committee on Finance. By Ms. LANDRIEU: S. 1963. A bill to amend title 38, United By Mr. ISAKSON: S. 1965. A bill to authorize the Secretary of States Code, to provide assistance to care- S. 1948. A bill to extend the temporary sus- the Interior to provide financial assistance givers of veterans, to improve the provision pension of duty on 3 ,4- to the State of Louisiana for a pilot program of health care to veterans, and for other pur- Dimethoxybenzaldehyde; to the Committee to develop measures to eradicate or control poses. on Finance. feral swine and to assess and restore wet- lands damaged by feral swine; to the Com- f By Mr. ISAKSON: S. 1949. A bill to extend the temporary sus- mittee on Environment and Public Works. REPORTS OF COMMITTEES pension of duty on Pyromellitic By Mr. DODD (for himself, Mr. CORKER, The following reports of committees Dianhydride; to the Committee on Finance. and Mr. DURBIN): By Mr. ISAKSON: S. 1966. A bill to provide assistance to im- were submitted: S. 1950. A bill to suspend temporarily the prove the health of newborns, children, and By Mr. LEAHY, from the Committee on duty on mixtures of Chlorsulfuron (2-Chloro- mothers in developing countries, and for the Judiciary: N-[(4-methoxy-6-methyl-1, 3, 5-triazin-2- other purposes; to the Committee on Foreign Report to accompany S. 1692, a bill to ex- yl)aminocarbonyl]benzenesulfonamide) and Relations. tend the sunset of certain provisions of the metsulfuron methyl (Methyl 2[[[[(4-methoxy- By Mr. CRAPO: USA PATRIOT Act and the authority to 6-methyl-1, 3, 5-triazin-2- S. 1967. A bill to extend the suspension of issue national security letters, and for other yl)arnino]carbonyl]amino]sulfonyl] ben- duty on formulations of thiamethoxam, purposes (Rept. No. 111–92). zoate) and inert ingredients; to the Com- difenoconazole, fludioxonil, and mefenoxam; to the Committee on Finance. f mittee on Finance. By Mr. ISAKSON: By Mr. CRAPO: EXECUTIVE REPORTS OF S. 1951. A bill to suspend temporarily the S. 1968. A bill to extend the suspension of COMMITTEES duty on Gum Rosin; to the Committee on Fi- duty on mixtures of difenoconazole and nance. mefenoxam; to the Committee on Finance. The following executive reports of By Mr. CRAPO: nominations were submitted: By Mr. ISAKSON: S. 1952. A bill to suspend temporarily the S. 1969. A bill to extend the suspension of By Mr. LIEBERMAN for the Committee on duty on Firestorm; to the Committee on Fi- duty on difenoconazole; to the Committee on Finance. Homeland Security and Governmental Af- nance. By Mr. CRAPO: fairs. By Mr. CASEY: S. 1970. A bill to suspend temporarily the *Rafael Borras, of Maryland, to be Under S. 1953. A bill to suspend temporarily the duty on mixtures containing ethyl (R)-2-[4- Secretary for Management, Department of duty on p-toluidine; to the Committee on Fi- (6-chloro-1 ,3-benzoxazol-2- Homeland Security. nance. yloxy)phenoxy]propionate (Fenoxaprop-p- *David S. Ferriero, of North Carolina, to be By Mr. CASEY: ethyl) (CAS No. 71283-80-2), 5-hydroxy-1,3- Archivist of the United States. S. 1954. A bill to suspend temporarily the dimethylpyrazol-4-yl 2-mesyl-4- *Susan Tsui Grundmann, of Virginia, to be duty on p-nitrotoluene; to the Committee on (trifluoromethyl)phenyl ketone Chairman of the Merit Systems Protection Finance. (Pyrasulfotole) (CAS No. 365400-11-9), 2,6- Board. By Mr. CASEY: dibromo-4-cyanophenyl octanoate *Susan Tsui Grundmann, of Virginia, to be S. 1955. A bill to suspend temporarily the (Bromoxynil octanoate) (CAS No. 1689-99-2 , a Member of the Merit Systems Protection duty on acrylic resin solution; to the Com- l and 2,6-dibromo-4-cyanophenyl heptanoate Board for the term of seven years expiring mittee on Finance. (Bromoxynil heptanoate) (CAS No. 56634-95-8) March 1, 2016. By Mr. CASEY: *Anne Marie Wagner, of Virginia, to be a S. 1956. A bill to suspend temporarily the (provided for in subheading 3808.93.15); to the Member of the Merit Systems Protection duty on Benzenamine, 4 Dodecyl; to the Committee on Finance. Board for the term of seven years expiring Committee on Finance. By Mr. CRAPO: S. 1971. A bill to extend the suspension of March 1, 2014. By Mr. SCHUMER: duty on Mesosulfuronmethyl; to the Com- S. 1957. A bill to amend the Public Utility *Nomination was reported with rec- mittee on Finance. Regulatory Policies Act of 1978 to authorize ommendation that it be confirmed sub- By Mr. CRAPO: ject to the nominee’s commitment to the Secretary of Energy to make loans to S. 1972. A bill to extend the temporary sus- respond to requests to appear and tes- publicly owned electric utilities to finance pension of duty on mixtures of methyl 4- and refinance projects to comply with any iodo-2-[3-(4-methoxy-6-methyl-1,3 ,5-triazin-2- tify before any duly constituted com- Federal energy efficiency resource standard, mittee of the Senate. yl)ureidosulfonyl] benzoate, sodium salt and for other purposes; to the Committee on (Iodosulfuron methyl , sodium salt) and ap- f Energy and Natural Resources. plication adjuvants; to the Committee on Fi- By Mr. CASEY: nance. INTRODUCTION OF BILLS AND S. 1958. A bill to suspend temporarily the JOINT RESOLUTIONS By Ms. CANTWELL: duty on medium molecular weight solid S. 1973. A bill to extend the temporary sus- The following bills and joint resolu- epoxy resin; to the Committee on Finance. pension of duty on suspension system sta- tions were introduced, read the first By Mr. KAUFMAN (for himself, Mr. bilizer bars; to the Committee on Finance. and second times by unanimous con- LEAHY, Mr. SPECTER, Mr. KOHL, Mr. By Ms. CANTWELL: SCHUMER, and Ms. KLOBUCHAR): sent, and referred as indicated: S. 1974. A bill to suspend temporarily the S. 1959. A bill to improve health care fraud duty on certain flavored green tea in imme- By Mr. ISAKSON: enforcement; to the Committee on the Judi- diate packings of a content not exceeding 3 S. 1941. A bill to suspend temporarily the ciary. kilograms; to the Committee on Finance. duty on certain acrylic synthetic staple By Ms. COLLINS: By Ms. CANTWELL: fiber; to the Committee on Finance. S. 1960. A bill to suspend temporarily the S. 1975. A bill to suspend temporarily the By Mr. ISAKSON: duty on propylene glycol alginates; to the duty on flavored green tea (not fermented); S. 1942. A bill to suspend temporarily the Committee on Finance. to the Committee on Finance. duty on certain acrylic synthetic staple By Ms. COLLINS: By Ms. CANTWELL: fiber; to the Committee on Finance. S. 1961. A bill to suspend temporarily the S. 1976. A bill to extend the temporary sus- By Mr. ISAKSON: duty on certain alginates; to the Committee pension of duty on magnesium peroxide; to S. 1943. A bill to suspend temporarily the on Finance. the Committee on Finance. duty on certain acrylic synthetic staple By Ms. COLLINS: By Ms. CANTWELL: fiber; to the Committee on Finance. S. 1962. A bill to reduce temporarily the S. 1977. A bill to extend and modify the By Mr. ISAKSON: duty on sodium alginate; to the Committee temporary suspension of duty on 9,10- S. 1944. A bill to suspend temporarily the on Finance. Anthracenedione; to the Committee on Fi- duty on Regent 800; to the Committee on Fi- By Mr. AKAKA: nance. nance. S. 1963. A bill to amend title 38, United By Ms. CANTWELL: By Mr. ISAKSON: States Code, to provide assistance to care- S. 1978. A bill to suspend temporarily the S. 1945. A bill to suspend temporarily the givers of veterans, to improve the provision duty on modified steel leaf spring leaves; to duty on Triticonazole; to the Committee on of health care to veterans, and for other pur- the Committee on Finance. Finance. poses; read the first time. By Mr. CASEY: By Mr. ISAKSON: By Mr. AKAKA: S. 1979. A bill to suspend temporarily the S. 1946. A bill to extend the temporary sus- S. 1964. A bill to require disclosure of fi- duty on certain fiberglass sheets used to pension of duty on Solvent Red 227; to the nancial relationships between brokers and make ceiling tiles; to the Committee on Fi- Committee on Finance. dealers and mutual fund companies, and of nance.

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By Mr. CASEY: By Mr. CHAMBLISS: GILLIBRAND, Mr. CRAPO, Ms. COLLINS, S. 1980. A bill to suspend temporarily the S. 1999. A bill to extend temporarily the Mr. SPECTER, Ms. LANDRIEU, Ms. duty on certain fiberglass sheets used to suspension of duty on certain high tenacity STABENOW, Mr. KAUFMAN, Mr. DUR- make flooring substrate; to the Committee rayon filament yarn; to the Committee on BIN, Mr. BROWN, Mr. BURRIS, Mr. on Finance. Finance. WHITEHOUSE, Mr. LAUTENBERG, Mrs. By Mr. CASEY (for himself and Mr. By Mr. CHAMBLISS: BOXER, and Mrs. HAGAN): SPECTER): S. 2000. A bill to suspend temporarily the S. Res. 327. A resolution supporting the S. 1981. A bill to provide for the liquidation duty on 3-Bromo-N-[4-chloro-2-methyl-6- goals and ideals of National Domestic Vio- or reliquidation of certain line items in en- [(methylamino)carbonyl]phenyl]-1 H-pyr- lence Awareness Month 2009 and expressing tries of tailored garments from Costa Rica; azole-5-carboxamide (Chlorantraniliprole); to the sense of the Senate that Congress should to the Committee on Finance. the Committee on Finance. continue to raise awareness of domestic vio- By Mr. BROWN (for himself, Ms. By Mr. CHAMBLISS: lence in the United States and its dev- STABENOW, Mr. LEVIN, Mr. FEINGOLD, S. 2001. A bill to extend temporarily the astating effects on families and commu- and Mr. SPECTER): suspension of duty on certain high tenacity nities, and support programs designed to end S. 1982. A bill to renew and extend the pro- rayon filament yarn; to the Committee on domestic violence; considered and agreed to. visions relating to the identification of trade Finance. f enforcement priorities, and for other pur- By Mr. CHAMBLISS: poses; to the Committee on Finance. S. 2002. A bill to reduce temporarily the ADDITIONAL COSPONSORS By Mr. WICKER: rate of duty on 2-chloro-N-(4’-chloro- S. 384 S. 1983. A bill to extend the temporary sus- biphenyl-2-yl)-nicotinamide; to the Com- pension of duty on certain used compression- At the request of Mr. LUGAR, the mittee on Finance. name of the Senator from Delaware ignition internal combustion piston engines By Mr. CHAMBLISS: used in remanufacture; to the Committee on S. 2003. A bill to reduce temporarily the (Mr. KAUFMAN) was added as a cospon- Finance. rate of duty on Methyl N-(2-[[1-(4- sor of S. 384, a bill to authorize appro- By Mr. WICKER: chlorophenyl)-1H-pyrazol-3-yl]-oxymethyl] priations for fiscal years 2010 through S. 1984. A bill to extend the temporary sus- phenyl)-N-methoxycarbanose; to the Com- 2014 to provide assistance to foreign pension of duty on certain used fuel pumps mittee on Finance. used in remanufacture; to the Committee on countries to promote food security, to By Mr. CHAMBLISS: Finance. stimulate rural economies, and to im- S. 2004. A bill to suspend temporarily the By Mr. WICKER: prove emergency response to food cri- S. 1985. A bill to extend the temporary sus- duty on certain acrylic synthetic staple ses, to amend the Foreign Assistance fiber; to the Committee on Finance. pension of duty on certain used gear boxes Act of 1961, and for other purposes. used in remanufacture; to the Committee on By Mr. CHAMBLISS: S. 546 Finance. S. 2005. A bill to suspend temporarily the By Mr. FEINGOLD (for himself, Ms. duty on certain acrylic synthetic staple At the request of Mr. REID, the name fiber; to the Committee on Finance. KLOBUCHAR, Mr. TESTER, Mr. HARKIN, of the Senator from Florida (Mr. By Mr. CHAMBLISS: and Mr. KERRY): LEMIEUX) was added as a cosponsor of S. 1986. A bill to amend the Help America S. 2006. A bill to reduce temporarily the S. 546, a bill to amend title 10, United Vote Act of 2002 to require States to provide duty on certain acrylic synthetic staple States Code, to permit certain retired for same day registration; to the Committee fiber; to the Committee on Finance. By Mr. CHAMBLISS: members of the uniformed services who on Rules and Administration. have a service-connected disability to By Ms. KLOBUCHAR: S. 2007. A bill to suspend temporarily the S. 1987. A bill to suspend temporarily the duty on 2-butyne-1,4-diol, polymer with receive both disability compensation duty on certain aluminum vacuum mugs (chloromethyl)oxirane, brominated, dehydro- from the Department of Veterans Af- with lids; to the Committee on Finance. chlorinated, methoxylated and triethyl phos- fairs for their disability and either re- By Ms. KLOBUCHAR: phate; to the Committee on Finance. tired pay by reason of their years of S. 1988. A bill to suspend temporarily the By Mr. CHAMBLISS: military service or Combat-Related duty on certain bamboo vases; to the Com- S. 2008. A bill to extend temporarily the Special Compensation. mittee on Finance. suspension of duty on 4 ,4N-Oxydiphthalic S. 801 By Ms. KLOBUCHAR: anhydride; to the Committee on Finance. S. 1989. A bill to suspend temporarily the By Mr. CHAMBLISS: At the request of Mr. AKAKA, the duty on certain children’s wallets; to the S. 2009. A bill to extend temporarily the names of the Senator from Montana Committee on Finance. suspension of duty on 3,3’,4,4’- (Mr. BAUCUS) and the Senator from By Ms. KLOBUCHAR: Biphenyltetracarboxylic dianhydride; to the Florida (Mr. NELSON) were added as co- S. 1990. A bill to suspend temporarily the Committee on Finance. sponsors of S. 801, a bill to amend title duty on certain plastic children’s wallets; to By Mr. CHAMBLISS: 38, United States Code, to waive the Committee on Finance. S. 2010. A bill to suspend temporarily the By Ms. KLOBUCHAR: duty on Daminozide; to the Committee on charges for humanitarian care provided S. 1991. A bill to suspend temporarily the Finance. by the Department of Veterans Affairs duty on certain coupon holders; to the Com- By Mr. BARRASSO: to family members accompanying vet- mittee on Finance. S. 2011. A bill to extend temporarily the erans severely injured after September By Ms. KLOBUCHAR: suspension of duty on nylon woolpacks used 11, 2001, as they receive medical care S. 1992. A bill to suspend temporarily the to package wool; to the Committee on Fi- from the Department and to provide duty on certain inflatable air mattresses; to nance. the Committee on Finance. assistance to family caregivers, and for By Mrs. LINCOLN: other purposes. By Ms. KLOBUCHAR: S. 2012. A bill to extend the temporary sus- S. 1993. A bill to suspend temporarily the pension of duty on triacetonamine; to the S. 827 duty on certain reusable fabric [cotton] bags; Committee on Finance. At the request of Mr. ROCKEFELLER, to the Committee on Finance. By Mrs. LINCOLN: the name of the Senator from South By Ms. KLOBUCHAR: S. 2013. A bill to extend the temporary sus- Dakota (Mr. JOHNSON) was added as a S. 1994. A bill to suspend temporarily the pension of duty on crotonaldehyde; to the cosponsor of S. 827, a bill to establish a duty on certain reusable fabric bags; to the Committee on Finance. Committee on Finance. program to reunite bondholders with By Ms. KLOBUCHAR: f matured unredeemed United States S. 1995. A bill to suspend temporarily the SUBMISSION OF CONCURRENT AND savings bonds. duty on certain soap and lotion pumps; to S. 870 the Committee on Finance. SENATE RESOLUTIONS At the request of Mrs. LINCOLN, the By Ms. KLOBUCHAR: The following concurrent resolutions name of the Senator from Louisiana S. 1996. A bill to suspend temporarily the and Senate resolutions were read, and duty on certain swimming pools; to the Com- (Mr. VITTER) was added as a cosponsor mittee on Finance. referred (or acted upon), as indicated: of S. 870, a bill to amend the Internal By Mr. CHAMBLISS: By Mrs. HUTCHISON (for herself and Revenue Code of 1986 to expand the S. 1997. A bill to extend the temporary sus- Mr. CORNYN): credit for renewable electricity produc- pension of duty on Propargite; to the Com- S. Res. 326. A resolution recognizing the tion to include electricity produced 40th anniversary of the George Bush Inter- mittee on Finance. from biomass for on-site use and to By Mr. CHAMBLISS: continental Airport in Houston, Texas; con- S. 1998. A bill to extend temporarily the sidered and agreed to. modify the credit period for certain fa- suspension of duty on cerium sulfide pig- By Ms. KLOBUCHAR (for herself, Mr. cilities producing electricity from open ments; to the Committee on Finance. LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. loop biomass.

VerDate Nov 24 2008 04:31 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.023 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10852 CONGRESSIONAL RECORD — SENATE October 28, 2009 S. 1030 S. 1660 nylon or polyester sewn together with At the request of Mrs. LINCOLN, the At the request of Ms. KLOBUCHAR, the pockets, and dividers or graphite pro- name of the Senator from Louisiana name of the Senator from Indiana (Mr. tectors, accompanied with rainhoods. (Mr. VITTER) was added as a cosponsor BAYH) was added as a cosponsor of S. S. 1930 of S. 1030, a bill to amend the Internal 1660, a bill to amend the Toxic Sub- At the request of Mr. CASEY, the Revenue Code of 1986 to eliminate the stances Control Act to reduce the emis- names of the Senator from New Hamp- reduction in the credit rate for certain sions of formaldehyde from composite shire (Mrs. SHAHEEN) and the Senator facilities producing electricity from re- wood products, and for other purposes. from New York (Mrs. GILLIBRAND) were newable resources. S. 1681 added as cosponsors of S. 1930, a bill to S. 1055 At the request of Mr. LEAHY, the amend the Internal Revenue Code of At the request of Mrs. BOXER, the name of the Senator from Illinois (Mr. 1986 to enhance the administration of, names of the Senator from Rhode Is- BURRIS) was added as a cosponsor of S. and reduce fraud related to, the first- land (Mr. REED), the Senator from Lou- 1681, a bill to ensure that health insur- time homebuyer tax credit, and for isiana (Mr. VITTER) and the Senator ance issuers and medical malpractice other purposes. from Massachusetts (Mr. KIRK) were insurance issuers cannot engage in S. RES. 316 added as cosponsors of S. 1055, a bill to price fixing, bid rigging, or market al- At the request of Mr. MENENDEZ, the grant the congressional gold medal, locations to the detriment of competi- name of the Senator from Ohio (Mr. collectively, to the 100th Infantry Bat- tion and consumers. BROWN) was added as a cosponsor of S. talion and the 442nd Regimental Com- S. 1756 Res. 316, a resolution calling upon the bat Team, United States Army, in rec- At the request of Mr. HARKIN, the President to ensure that the foreign ognition of their dedicated service dur- name of the Senator from Wisconsin policy of the United States reflects ap- ing World War II. (Mr. FEINGOLD) was added as a cospon- propriate understanding and sensi- S. 1076 sor of S. 1756, a bill to amend the Age tivity concerning issues related to At the request of Mr. MENENDEZ, the Discrimination in Employment Act of human rights, ethnic cleansing, and name of the Senator from California 1967 to clarify the appropriate standard genocide documented in the United (Mrs. FEINSTEIN) was added as a co- of proof. States record relating to the Armenian sponsor of S. 1076, a bill to improve the S. 1822 Genocide, and for other purposes. accuracy of fur product labeling, and At the request of Mr. MERKLEY, the f for other purposes. name of the Senator from Michigan STATEMENTS ON INTRODUCED S. 1147 (Mr. LEVIN) was added as a cosponsor of BILLS AND JOINT RESOLUTIONS At the request of Mr. KOHL, the name S. 1822, a bill to amend the Emergency of the Senator from Minnesota (Ms. Economic Stabilization Act of 2008, By Mr. KAUFMAN (for himself, KLOBUCHAR) was added as a cosponsor with respect to considerations of the Mr. LEAHY, Mr. SPECTER, Mr. of S. 1147, a bill to prevent tobacco Secretary of the Treasury in providing KOHL, Mr. SCHUMER, and Ms. smuggling, to ensure the collection of assistance under that Act, and for KLOBUCHAR): all tobacco taxes, and for other pur- other purposes. S. 1959. A bill to improve health care poses. S. 1833 fraud enforcement; to the Committee S. 1301 At the request of Mr. UDALL of Colo- on the Judiciary. At the request of Mr. MENENDEZ, the rado, the names of the Senator from Mr. KAUFMAN. Mr. President, it is name of the Senator from Florida (Mr. California (Mrs. BOXER), the Senator no longer a secret that fraud represents LEMIEUX) was added as a cosponsor of from Rhode Island (Mr. WHITEHOUSE) one of the fastest growing and most S. 1301, a bill to direct the Attorney and the Senator from Pennsylvania costly forms of crime in America General to make an annual grant to (Mr. CASEY) were added as cosponsors today. In no small part, our current the A Child Is Missing Alert and Recov- of S. 1833, a bill to amend the Credit economic crisis can be attributed to ery Center to assist law enforcement Card Accountability Responsibility and unchecked mortgage fraud. Mortgage agencies in the rapid recovery of miss- Disclosure Act of 2009 to establish an fraud itself was spurred by rampant ac- ing children, and for other purposes. earlier effective date for various con- counting fraud, which enabled crooked executives to fatten their larders on a S. 1422 sumer protections, and for other pur- poses. bubble of fake equity. And on the back- At the request of Mrs. MURRAY, the end, securities fraud, in the form of S. 1834 name of the Senator from California market manipulation and insider trad- (Mrs. BOXER) was added as a cosponsor At the request of Mr. AKAKA, the ing, hastened the eventual market of S. 1422, a bill to amend the Family name of the Senator from California crash and maximized its impact on and Medical Leave Act of 1993 to clar- (Mrs. BOXER) was added as a cosponsor Main Street and average American in- ify the eligibility requirements with of S. 1834, a bill to amend the Animal vestors. In response, this body passed respect to airline flight crews. Welfare Act to ensure that all dogs and the Fraud Enforcement Recovery Act, S. 1553 cats used by research facilities are ob- FERA, which directed critical re- At the request of Mr. GRASSLEY, the tained legally. sources and tools to anti-financial name of the Senator from South Da- S. 1927 fraud efforts. kota (Mr. JOHNSON) was added as a co- At the request of Mr. DODD, the FERA was passed in response to an sponsor of S. 1553, a bill to require the names of the Senator from Colorado unprecedented financial crisis. Ameri- Secretary of the Treasury to mint (Mr. BENNET), the Senator from Michi- cans should expect Congress to do more coins in commemoration of the Na- gan (Mr. LEVIN), the Senator from New than simply react to crises after their tional Future Farmers of America Or- Hampshire (Mrs. SHAHEEN), the Sen- most destructive impacts have already ganization and the 85th anniversary of ator from California (Mrs. BOXER) and been felt. We owe it to our constituents the founding of the National Future the Senator from Iowa (Mr. HARKIN) to be proactive and to seek out and Farmers of America Organization. were added as cosponsors of S. 1927, a solve problems on the horizon so that S. 1556 bill to establish a moratorium on cred- disaster can be averted. At the request of Mrs. FEINSTEIN, the it card interest rate increases, and for In the midst of the debate concerning name of the Senator from New York other purposes. comprehensive health care reform, we (Mrs. GILLIBRAND) was added as a co- S. 1928 must be proactive in combating health sponsor of S. 1556, a bill to require the At the request of Mr. BAUCUS, the care fraud and abuse. Each year, crimi- Secretary of Veterans Affairs to permit name of the Senator from Arizona (Mr. nals drain between $72 and $220 billion facilities of the Department of Vet- KYL) was added as a cosponsor of S. from private and public health care erans Affairs to be designated as voter 1928, a bill to extend and modify the plans through fraud. We pay these registration agencies, and for other temporary suspension of duty on golf costs as taxpayers and through higher purposes. bag bodies made of woven fabrics of health insurance premiums. As we take

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.027 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10853 steps to increase the number of Ameri- all payments that stem from an illegal bill and clarifies that ‘‘willful conduct’’ cans who are covered by health insur- kickback subject to the False Claims in this context does not require proof ance, and to improve the health care Act, this bill leverages the private sec- that the defendant had actual knowl- system for everyone, we must also en- tor to help detect and recover money edge of the law in question or specific sure that law enforcement has the paid pursuant to these illegal prac- intent to violate that law. As a result, tools that it needs to deter, detect, and tices. health care fraudsters will not receive punish health care fraud. The Department of Justice has had special protection that they don’t de- The Finance and HELP committees success both prosecuting illegal kick- serve. have worked long and hard to find backs and pursuing False Claims Act Next, the bill provides the Depart- ways to fight fraud and bend the cost matters based on underlying violations ment of Justice with critical subpoena curve down. They have done a great of the Anti-Kickback Statute. Never- authority for investigations conducted job. There’s more work to be done, theless, defendants in such FCA cases pursuant to the Civil Rights for Insti- however, which is why today I, along continue to mount legal challenges tutionalized Persons Act, also known with Senators LEAHY, SPECTER, KOHL, that sometimes defeat legitimate en- as CRIPA. SCHUMER, and KLOBUCHAR, introduce forcement efforts. the Health Care Fraud Enforcement For example, a court recently held Pursuant to that important statute, Act of 2009. that, even though a device company the Civil Rights Division of the Depart- This bill makes straightforward but may have paid a kickback to a doctor ment of Justice investigates conditions critical improvements to the Federal to use a particular medical device, the in publicly operated institutions, such sentencing guidelines, to health care bill to the government for the proce- as nursing homes, mental health insti- fraud statutes, and to forfeiture, dure to implant the device was not tutions, facilities for persons with dis- money laundering, and obstruction false or fraudulent because the claim abilities, residential schools for chil- statutes. The bill would also make was submitted by the innocent hos- dren with disabilities, as well as jails available more Federal resources to ac- pital, and not by the guilty doctor. In and prisons, where there has been an tivities specifically designed to target other words, a claim that results from allegation of pattern or practice of vio- health care fraud. Taken together, a kickback and that is fraudulent when lating residents’ Federal civil rights. these measures send a strong and un- submitted by a wrongdoer is laundered Under CRIPA, only injunctive relief is mistakable signal to those who would into a ‘‘clean’’ claim when an innocent available; the statute does not provide engage in health care fraud that they third party finally submits the claim for the award of damages. to the government for payment. This will be caught, and they will be pun- CRIPA investigations commonly con- has the effect of insulating both the ished. cern allegations of inadequate medical The bill makes important changes to payor and the recipient of the kick- and mental health care, unsafe living the Federal sentencing guidelines to back from False Claims Act liability. conditions, and the failure to protect ensure that health care fraud offenses This obstacle to a successful action residents from harm. The majority of will be punished commensurate with particularly limits the ability of the CRIPA investigations are conducted the cost that these offenders inflict Department of Justice to recover from upon our health care system. Health pharmaceutical and device manufac- with the voluntary cooperation of state and local jurisdictions. When unlawful care represents 1⁄6 of our national econ- turers, because in such instances the omy, and so unchecked health care claims arising from the illegal kick- conditions are identified, CRIPA inves- fraud has the potential to inflict dev- backs typically are not submitted by tigations are typically resolved astating harm to our national pros- the doctors who received the kick- through a negotiated settlement agree- perity. backs, but by pharmacies and hospitals ment that addresses the reforms nec- Despite the enormous losses in many that had no knowledge of the under- essary to correct policies, procedures health care fraud cases, analysis from lying unlawful conduct. and practices to address the identified the United States Sentencing Commis- This bill remedies the problem by deficiencies. sion suggests that health care fraud of- amending the anti-kickback statute to Some jurisdictions, however, have re- fenders often receive shorter sentences ensure that all claims resulting from fused to cooperate with the Division. than other white collar offenders in illegal kickbacks are ‘‘false or fraudu- CRIPA does not authorize the Depart- cases with similar loss amounts. And lent,’’ even when the claims are not ment of Justice to issue subpoenas for according to statements from cooper- submitted directly by the wrongdoers documents, records, or even for access ating health care fraud defendants, themselves. I want to emphasize that into the institution that is the target many criminals are drawn to health in such circumstances, neither anti- of the investigation. As a result, inves- care fraud because of this low risk-to- kickback nor False Claims Act liabil- tigations have been hamstrung and the reward ratio. For this reason, the bill ity will lie against the innocent third effectiveness of CRIPA to remedy sys- directs the Sentencing Commission to party that submitted the claim. temic abuse of institutionalized per- increase the offense score of health The bill also addresses confusion in sons has been unnecessarily limited. care fraud offenses by two to four lev- the case law over the appropriate For example, in a CRIPA investiga- els, depending on the dollar amount in- meaning of ‘‘willful’’ conduct in health tion of a county nursing home in New volved in the crime. care fraud. Both the anti-kickback The bill also clarifies that courts statute and the health care fraud stat- Jersey, the local jurisdiction would not should refuse to entertain arguments ute include the term ‘‘willfully.’’ In cooperate. The Division’s investigation by defendants that they can avoid stiff both contexts, the Ninth Circuit Court revealed inadequate medical and men- punishment because only a portion of of Appeals has read the term to require tal health care, unlawful restraint, and their fraudulent claims were likely to proof that the defendant not only in- inadequate nutrition and hydration. In be paid. tended to engage in unlawful conduct, one particularly serious incident, In addition, the bill updates the defi- but also knew of the particular law in which occurred weeks after a meeting nition of ‘‘health care fraud offense’’ in question and intended to violate that with the county officials to request the Federal criminal code to include particular law. their cooperation with the investiga- violations of the anti-kickback stat- This heightened mental state re- tion, a resident was fed so quickly by ute, the Food, Drug and Cosmetic Act, quirement may be appropriate for staff that she aspirated and died. Emer- and certain provisions of ERISA. These criminal violations of hyper-technical gency room physicians extracted a vol- changes will allow the full panoply of regulations, but it is inappropriate for ume of mashed potatoes from the resi- law enforcement tools to be used these crimes, which punish simple dent’s lungs that filled a Ziploc bag. against all health care fraud. fraud. The Finance Committee health Another nursing home resident slowly The bill also strengthens whistle- care reform bill, America’s Healthy starved to death because staff improp- blower actions based on medical care Future Act, addresses this problem for erly positioned that resident’s feeding kickbacks, which tempt by health care the anti-kickback statute, but not for tube. The Division was compelled to providers to churn unnecessary med- the general health care fraud offense. file suit, resulting in a negotiated set- ical care at great risk to patients and Accordingly, the Health Care Fraud tlement more than 4 years after the in- great cost to the taxpayer. By making Enforcement Act tracks the Finance vestigation began. To be sure, these

VerDate Nov 24 2008 05:14 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.039 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10854 CONGRESSIONAL RECORD — SENATE October 28, 2009 abuses are a civil rights issue that de- well as Senators SPECTER, KOHL, SCHU- criminals are drawn to health care mand attention even in the absence of MER, and KLOBUCHAR, to introduce the fraud. By increasing the Federal sen- fraud prevention. But substandard care Health Care Fraud Enforcement Act of tencing guidelines for health care fraud also represents fraud and waste, be- 2009. This legislation builds on the im- offenses, we send a clear message that cause taxpayers have paid for the pro- pressive steps the administration has those who steal from the Nation’s vision of satisfactory medical services already taken to step up health care health care system will face swift pros- at facilities that fall under CRIPA ju- fraud prevention and enforcement, and ecution and substantial punishment. risdiction. on the real progress represented by the The absence of subpoena authority anti-fraud provisions of the Finance The bill also provides for a number of enables non-cooperating jurisdictions and Health, Education, Labor and Pen- statutory changes to strengthen fraud to obstruct and delay the Division in sion Committee bills already before enforcement. For example, it would ex- its mission to ensure that the Federal Congress. I was glad to contribute to pand the definition of a ‘‘Federal rights of persons in the custody of those efforts. health care fraud offense’’ to include state and local officials are respected. I feel strongly, though, that more violations of the anti-kickback statute The resultant litigation when jurisdic- needs to be done. This bill will provide and several other key health care-re- tions exploit the absence of subpoena prosecutors with needed tools for the lated criminal statutes, which will power is extraordinarily costly, yet the effective investigation, prosecution, allow for more vigorous enforcement of substantive outcome, appropriate in- and punishment of health care fraud. those offenses, including making their junctive relief, is the same. By making modest but important proceeds subject to criminal forfeiture. The bill addresses the problem by au- changes to the law, it ensures that It would also amend the anti-kickback thorizing the Department of Justice to those who drain our health care system statute to ensure that all claims re- issue subpoenas for access to any insti- of billions of dollars each year, driving sulting from illegal kickbacks are con- tution that is the subject of an inves- up costs and risking patients’ lives, sidered false claims for the purpose of tigation related to a violation of will go to jail, and that their fraudu- civil action under the False Claims CRIPA, and for any documents, lent gains will be returned to American Act, even when the claims are not sub- records, materials, files, reports, taxpayers and health care bene- mitted directly by the wrongdoers memoranda, policies, procedures, in- ficiaries. themselves. All too often, health care For more than 3 decades, I have vestigations, video or audio recordings, providers secure business by paying il- fought in Congress to combat fraud and and quality assurance reports of such legal kickbacks, which needlessly in- protect taxpayer dollars. This spring, I institution. crease health care risks and costs. This In a final substantive change, the bill introduced with Senator GRASSLEY and change will help ensure that the gov- corrects an apparent drafting error by Senator KAUFMAN the Fraud Enforce- ernment is able to recoup from wrong- providing that obstruction of criminal ment and Recovery Act, the most sig- doers the losses caused by false health investigations involving administra- nificant anti-fraud legislation in more tive subpoenas under HIPAA, the than a decade. When that legislation care fraud claims. The bill clarifies the Health Insurance Portability and Ac- was enacted, it provided law enforce- intent requirement of another key countability Act of 1996, should be ment with new tools to detect and health care fraud statute in order to fa- treated in the same manner as obstruc- prosecute financial and mortgage cilitate effective, fair, and vigorous en- tion of criminal investigations involv- fraud. Now, as health care reform forcement. ing grand jury subpoenas. moves through the Senate, I want to The bill also provides the Depart- Finally, the Health Care Fraud En- make sure we do all we can to tackle ment of Justice with limited subpoena forcement Act provides the resources the fraud that has contributed greatly authority for civil rights investiga- needed for law enforcement to uncover to the skyrocketing cost of health tions conducted pursuant to the Civil and go after these frauds. Health care care. Rights for Institutionalized Persons fraud cannot be fought effectively The scale of health care fraud in Act. This provision allows the Govern- without more investigators and pros- America today is staggering. According ment to more effectively investigate to conservative estimates, about three ecutors. This bill authorizes the appro- conditions in publicly operated institu- percent of the funds spent on health priation of $20,000,000 each year from tions, such as nursing homes, mental care are lost to fraud—more than $60 2011 through 2016 for investigations, health institutions, and residential prosecutions, and civil or other pro- billion a year. In the Medicare program schools for children with disabilities, ceedings relating to fraud and abuse in alone, the Government Accountability where there have been allegations of connection with any health care ben- Office estimates that more than $10 civil rights violations. efit program. The bill authorizes the billon was lost to fraud just last year. United States Attorneys’ Offices to be While Medicare and Medicaid fraud is Lastly, the bill provides needed re- appropriated an additional $10,000,000 significant, it is important to remem- sources for criminal and civil enforce- each year for this purpose, the Crimi- ber that health care fraud does not ment of health care fraud laws. It au- nal Division of the Department of Jus- occur solely in the public sector. Pri- thorizes the appropriation of $20,000,000 tice, $5,000,000 each year, and the Civil vate health insurers also see billions of a year to the Department of Justice Division of the Department of Justice, dollars lost to fraud. That fraud is from 2011 through 2016 for investiga- $5,000,000 each year. often harder for the Government to tions, prosecutions, and civil or other As we move toward meaningful track. Private companies have less in- proceedings relating to fraud and abuse health care reform, we must ensure centive to report it, and in some cases, in connection with any health care that criminals who engage in health are responsible for the fraudulent prac- benefit program. Studies indicate a re- care fraud, and those who contemplate tices themselves. Reining in private turn on investment of anywhere from doing so, understand that they face sector fraud must be a part of any com- $6 to $15 in Government recovery of swift prosecution and substantial pun- prehensive health care reform. fraud proceeds for every $1 spent on The Health Care Fraud Enforcement ishment. Congress should move quickly health care fraud enforcement, so this Act of 2009 makes a number of straight- to pass this legislation so that Amer- is a prudent and needed investment. ican taxpayers can be confident that forward, important improvements to their government has the tools and re- existing statutes to strengthen pros- We all agree that reducing the cost of sources necessary to protect its invest- ecutors’ ability to combat health care health care for American citizens is a ment in the health and welfare of our fraud. The bill would increase the Fed- critical goal of health care reform. We Nation. eral sentencing guidelines for health in Congress must do our part by ensur- I urge my colleagues to support the care fraud offenses. Despite the enor- ing that, when we pass a health care Health Care Fraud Enforcement Act of mous losses in many health care fraud reform bill, it includes all the tools and 2009. cases, offenders often receive shorter resources needed to crack down on the Mr. LEAHY. Mr. President, I am sentences than other white collar scourge of health care fraud. This bill pleased to join Senator KAUFMAN, as criminals. This lower risk is one reason is an important part of that effort.

VerDate Nov 24 2008 05:14 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\G28OC6.039 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10855 By Mr. AKAKA: to pay for their children’s education, hidden broker commissions. I have in- S. 1963. A bill to amend title 38, prepare for retirement, and attain cluded a point-of-sale disclosure re- United States Code, to provide assist- other financial goals. quirement in my legislation. In my ance to caregivers of veterans, to im- I first introduced a version of this bill, investors would have to be pro- prove the provision of health care to legislation in 2003. That fall, appalling vided with the amount of differential veterans, and for other purposes; read abuses of investor trust were exposed. payments and average fees for com- the first time. Ordinary investors were being harmed parable transactions. My legislation Mr. AKAKA. Mr. President, today I by the greed of brokers, mutual fund also requires that confirmation notices am introducing landmark legislation employees, and institutional and large be provided for mutual fund trans- that will provide critical assistance to investors. The transgressions made it actions, which will indicate how their veterans and their family caregivers. clear that the boards of mutual fund broker was compensated. The Caregiver and Veterans Omnibus companies were not providing suffi- Investors are not provided with a Health Services Act of 2009, contains cient oversight and failed to ade- complete and accurate idea of the ex- provisions from S. 252, the Veterans quately protect the interests of their penses involved with owning a par- Health Care Authorization Act of 2009, shareholders. ticular fund. Consumers often compare and S. 801, the Caregiver and Veterans After the introduction of my bill, Se- the expense ratios of funds when mak- Health Services Act of 2009. The Com- curities and Exchange Commission, ing investment decisions. However, ex- mittee reported both S. 252 and S. 801, SEC, Chairman William Donaldson pro- pense ratios fail to take into account and but they are being held by a single posed several rules that mirrored the the cost of commissions in the pur- Senator. Today, I reintroduce these provisions in my bill, including a re- chase and sale of securities. To further vital improvements to veterans’ health quirement that funds relying on cer- increase the transparency of the actual costs of the fund, brokerage commis- care as S. 1963. tain exemptive rules have an inde- The bipartisan provisions contained pendent chairman and that 75 percent sions must be counted as an expense in filings with the SEC and included in in S. 1963 provide needed assistance and of board directors be independent. How- the calculation of the expense ratio. support to family members and others ever, legal actions taken against the Currently, brokerage commissions are who are serving as caregivers for the SEC by the Chamber of Commerce and disclosed to the SEC, but not to indi- most seriously injured veterans of the subsequent inaction under his suc- vidual investors. Brokerage commis- conflicts in Iraq and Afghanistan. This cessor, Chairman Christopher Cox, sions are only disclosed to investors assistance includes health care, coun- have prevented the adoption of these upon request. My bill strengthens bro- seling, support and a living stipend. rules. The SEC needs additional statu- kerage commission disclosure provi- tory authority to finish these reforms They also expand services for women sions and ensures that commissions and ensure that investors can rely on veterans, those with traumatic brain will be included in a document that in- independent mutual fund boards to pro- injury, and veterans that live in rural vestors have access to and can utilize. tect their interests. areas. Because the Nation’s veterans The inclusion of brokerage commis- My bill will ensure the independence and their caregivers cannot wait any sions in the expense ratio creates an of mutual fund boards, increase the longer for this help, I am introducing incentive to reduce the use of soft dol- transparency of fees and expenses of S. 1963, and asking that it be imme- lars. Soft dollars can be used to lower mutual funds, and impose a fiduciary diately placed on the Calendar. expenses since most purchases using duty on all investment advisors. S. 1963 has one simple theme: that soft dollars do not count as expenses every veteran deserves access to high I have included in this legislation a number of provisions intended to en- and are not calculated into the expense quality health care, whether that care ratio. This change will make it easier sure the independence of mutual fund is provided by VA, or by a family care- for investors to know the true cost of boards. Poor board governance was a giver. The Congress has previously rec- the fund and compare the expense ra- contributing factor to the mutual fund ognized the contributions of caregivers. tios of funds meaningfully. S. 1963 also contains many other im- scandals in 2003. Independent directors When I reintroduced a version of this portant veterans’ health improve- must have a dominant presence on the bill in 2005, I added a provision per- ments, including expanding services for board to ensure that investors’ inter- taining to the fiduciary duty of bro- women veterans; telemedicine tech- ests are the top priority. Once again, kers. Although I have modified that nologies; transportation grants; and my legislation requires mutual fund provision for the current bill, my in- scholarship and loan repayment pro- boards to have an independent chair- tent to apply a fiduciary duty to bro- grams; and eliminating copayments for man and that 75 percent of their mem- kers remains the same. This is an es- catastrophically disabled veterans. bers be independent. The legislation sential provision because it ensures States which have an especially high strengthens the definition of an inde- that all financial professionals have number of veterans living in rural pendent director. These changes will the same responsibility to act in the areas, such as Montana, Nevada, Wyo- ensure that the interest of investors best interests of their clients whether ming, Florida, Arizona, Arkansas, Vir- will be the paramount priority of the they are an investment advisor or a ginia, Idaho, Oklahoma, and New Mex- board. broker. ico, would benefit greatly from the pro- My legislation will ensure that inves- We must improve the financial lit- visions in the bill which are designed tors are provided with relevant and eracy of mutual fund investors so that to improve health care for rural vet- meaningful disclosures from which they can make more sound investment erans. they can make better informed deci- decisions. I have included a require- sions. Mr. President, my bill will in- ment that the SEC study financial lit- By Mr. AKAKA: crease the transparency of the complex eracy among mutual fund investors. S. 1964. A bill to require disclosure of financial relationship between brokers The SEC would be required to develop financial relationships between brokers and mutual fund companies in ways a strategy to increase the financial lit- and dealers and mutual fund compa- that are both meaningful and easy to eracy of investors that results in posi- nies, and of certain commissions paid understand for investors. Shelf-space tive change in investor behavior. In ad- by mutual fund companies; to the Com- payments and revenue-sharing agree- dition, the bill requires the Comp- mittee on Banking, Housing, and ments between mutual fund companies troller General of the United States to Urban Affairs. and brokers present conflicts of inter- conduct a study on mutual fund adver- Mr. AKAKA. Mr. President, today, I est that must be disclosed to investors. tising and make recommendations to am introducing the Mutual Fund Without such disclosures, investors improve investor protections and en- Transparency Act of 2009. Mutual funds cannot make informed financial deci- sure that investors can make informed are vital investment vehicles for mid- sions. Investors may believe that bro- financial decisions when purchasing dle-income Americans that provide di- kers are recommending funds based on shares. versification and professional money the expectation of solid returns or low We must enact this vital legislation management. Many working families volatility, when the broker’s rec- to help protect the investments that rely on their mutual fund investments ommendation may be influenced by our working families make in mutual

VerDate Nov 24 2008 05:14 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.030 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10856 CONGRESSIONAL RECORD — SENATE October 28, 2009 funds. These reforms are long overdue. ings as in section 5 of the Investment Com- ‘‘(2) DISCLOSURE.—The standards developed I will build upon the administration’s pany Act of 1940 (15 U.S.C. 80a–5); under paragraph (1)(B) shall be disclosed in regulatory modernization proposal on ‘‘(ii) the term ‘unit investment trust’ has the registration statement of the registered fiduciary duty for brokers and pre-sale the same meaning as in section 4 of the In- investment company.’’. (c) DEFINITION OF INTERESTED PERSON.— disclosure of mutual fund expenses. vestment Company Act of 1940 (15 U.S.C. 80a– 4); and Section 2(a)(19) of the Investment Company I look forward to working with my ‘‘(iii) the term ‘education savings plan’ Act of 1940 (15 U.S.C. 80a–2(a)(19)) is amend- friend, SEC Chairman Mary Schapiro, means a qualified tuition program described ed— to bring about structural reform in the in section 529(b)(1)(A)(ii) of the Internal Rev- (1) in subparagraph (A)— mutual fund industry and increase dis- enue Code of 1986.’’. (A) in clause (iv), by striking ‘‘two’’ and in- closures in order to provide useful and (b) DISCLOSURE OF BROKERAGE COMMIS- serting ‘‘5’’; and relevant information to mutual fund SIONS.—Section 30 of the Investment Com- (B) by striking clause (vii) and inserting investors. pany Act of 1940 (15 U.S.C. 80a–29) is amended the following: Mr. President, I ask unanimous con- by adding at the end the following: ‘‘(vii) any natural person who has served as ‘‘(k) DISCLOSURE OF BROKERAGE COMMIS- an officer or director, or as an employee sent that the text of the bill and let- within the preceding 10 fiscal years, of an in- ters of support be printed in the SIONS.—The Commission, by rule, shall re- quire that brokerage commissions as an ag- vestment adviser or principal underwriter to RECORD. such registered investment company, or of There being no objection, the mate- gregate dollar amount and percentage of as- sets paid by an open-end or closed-end com- any entity controlling, controlled by, or rial was ordered to be printed in the pany or a unit investment trust or issuer of under common control with such investment RECORD, as follows: municipal securities during the 5-year period adviser or principal underwriter; S. 1964 preceding the date of the transaction be in- ‘‘(viii) any natural person who has served Be it enacted by the Senate and House of Rep- cluded in any disclosure of the amount of as an officer or director, or as an employee resentatives of the United States of America in fees and expenses that may be payable by the within the preceding 10 fiscal years, of any Congress assembled, holder of the securities of such company for entity that has within the preceding 5 fiscal years acted as a significant service provider SECTION 1. SHORT TITLE. purposes of— to such registered investment company, or of This Act may be cited as the ‘‘Mutual ‘‘(1) the registration statement of that any entity controlling, controlled by, or Fund Transparency Act of 2009’’. company; and under the common control with such service SEC. 2. DISCLOSURE OF FINANCIAL RELATION- ‘‘(2) any other filing of that company with provider; SHIPS BETWEEN BROKERS AND the Commission, including the calculation of ‘‘(ix) any natural person who is a member DEALERS AND MUTUAL FUND COM- expense ratios.’’. PANIES. of a class of persons that the Commission, by SEC. 3. MUTUAL FUND GOVERNANCE. (a) IN GENERAL.—Section 15(b) of the Secu- rule or regulation, determines is unlikely to rities Exchange Act of 1934 (15 U.S.C. 78o(b)) (a) INDEPENDENT FUND BOARDS.—Section exercise an appropriate degree of independ- is amended by adding at the end the fol- 10(a) of the Investment Company Act of 1940 ence as a result of— lowing: (15 U.S.C. 80a–10(a)) is amended— ‘‘(I) a material business or professional re- ‘‘(13) CONFIRMATION OF TRANSACTIONS FOR (1) by striking ‘‘shall have’’ and inserting lationship with the investment company or MUTUAL FUNDS.— the following: ‘‘shall— an affiliated person of such investment com- ‘‘(A) IN GENERAL.—Each broker and dealer ‘‘(1) have’’; pany; shall disclose in writing to customers that (2) by striking ‘‘60 per centum’’ and insert- ‘‘(II) a close familial relationship with any purchase the shares of any open-end or ing ‘‘25 percent’’; natural person who is an affiliated person of closed-end company registered under section (3) by striking the period at the end and in- such investment company; or 8 of the Investment Company Act of 1940 (15 serting a semicolon; and ‘‘(III) any other reason determined by the U.S.C. 80a–8) or any interest in a unit invest- (4) by adding at the end the following: Commission:’’; and ment trust or municipal securities registered ‘‘(2) have as chairman of its board of direc- (2) in subparagraph (B)— under this title used for education savings tors an interested person of such registered (A) in clause (iv), by striking ‘‘two’’ and in- plans— company; or serting ‘‘5’’; and ‘‘(i) the amount of any compensation re- ‘‘(3) permit any person (other than an in- (B) by striking clause (vii) and inserting ceived or to be received by the broker or terested person, as described in paragraph the following: dealer in connection with such transaction (1)) to serve as a member of its board of di- ‘‘(vii) any natural person who is a member from any sources; and rectors, unless that person— of a class of persons that the Commission, by ‘‘(ii) such other information as the Com- ‘‘(A) is approved or elected by the share- rule or regulation, determines is unlikely to mission determines appropriate. holders of such registered investment com- exercise an appropriate degree of independ- ‘‘(B) REVENUE SHARING.—The term ‘com- pany at least once every 5 years; and ence as a result of— pensation’ under subparagraph (A) includes ‘‘(B) has been found, on an annual basis, by ‘‘(I) a material business or professional re- any direct or indirect payment made by an a majority of the directors who are not in- lationship with such investment adviser or investment adviser (or any affiliate of an in- terested persons, after reasonable inquiry by principal underwriter or affiliated person of vestment adviser) to a broker or dealer for such directors, not to have any material such investment adviser or principal under- the purpose of promoting the sales of securi- business or familial relationship with the writer; ties of an entity described in subparagraph registered company, a significant service ‘‘(II) a close familial relationship with any (A), and payments made by an underwriter of provider to the company, or any entity con- natural person who is an affiliated person of the fund to a broker or dealer. trolling, controlled by, or under common such investment adviser or principal under- ‘‘(C) TIMING OF DISCLOSURE.—The disclo- control with such service provider, that writer; or sure required under subparagraph (A) shall could reasonably be interpreted as a conflict ‘‘(III) any other reason, as determined by be provided or sent to a customer not later of interest or cast doubt on the independence the Commission.’’. than the date of the completion of the trans- of the director.’’. (d) DEFINITION OF SIGNIFICANT SERVICE action. (b) ACTION BY INDEPENDENT DIRECTORS.— PROVIDER.—Section 2(a) of the Investment ‘‘(D) LIMITATION.—The disclosures required Section 10 of the Investment Company Act of Company Act of 1940 (15 U.S.C. 80a–2(a)) is under subparagraph (A) may not be made ex- 1940 (15 U.S.C. 80a–10) is amended by adding amended by adding at the end the following: clusively in— at the end the following: ‘‘(54) SIGNIFICANT SERVICE PROVIDER.— ‘‘(i) a registration statement or prospectus ‘‘(i) ACTION BY BOARD OF DIRECTORS.—No ‘‘(A) IN GENERAL.—Not later than 270 days of an entity described in subparagraph (A); action taken by the board of directors of a after the date of enactment of the Mutual or registered investment company may require Fund Transparency Act of 2009, the Commis- ‘‘(ii) any other filing of an entity described the vote of a director who is an interested sion shall issue final rules defining the term in subparagraph (A) with the Commission. person of such registered investment com- ‘significant service provider’. ‘‘(E) COMMISSION AUTHORITY.— pany. ‘‘(B) REQUIREMENTS.—The definition devel- ‘‘(i) IN GENERAL.—The Commission shall ‘‘(j) INDEPENDENT COMMITTEE.— oped under paragraph (1) shall include, at a issue such final rules or regulations as are ‘‘(1) IN GENERAL.—The members of the minimum, the investment adviser and prin- necessary to carry out this paragraph, not board of directors of a registered investment cipal underwriter of a registered investment later than 1 year after the date of enactment company who are not interested persons of company for purposes of paragraph (19).’’. of the Mutual Fund Transparency Act of such registered investment company shall SEC. 4. FINANCIAL LITERACY AMONG MUTUAL 2009. establish a committee comprised solely of FUND INVESTORS STUDY. ‘‘(ii) FORM OF DISCLOSURE.—Disclosures such members, which committee shall be re- (a) IN GENERAL.—The Securities and Ex- under this paragraph shall be in such form as sponsible for— change Commission shall conduct a study to the Commission shall require by rule. ‘‘(A) selecting persons to be nominated for identify— ‘‘(F) DEFINITIONS.—In this paragraph— election to the board of directors; and (1) the existing level of financial literacy ‘‘(i) the terms ‘open-end company’ and ‘‘(B) adopting qualification standards for among investors that purchase shares of ‘closed-end company’ have the same mean- the nomination of directors. open-end companies, as that term is defined

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under section 5 of the Investment Company ‘‘(B) REVENUE SHARING.—The term ‘com- protection of a fiduciary standard for retail Act of 1940, that are registered under section pensation’ under subparagraph (A) shall in- advisory clients will not depend on an arbi- 8 of that Act; clude any direct or indirect payment made trary regulatory distinction between brokers (2) the most useful and understandable rel- by an investment adviser (or any affiliate of and investment advisers, but will be applied evant information that investors need to an investment adviser) to a broker or dealer rationally to provide all Americans who re- make sound financial decisions prior to pur- for the purpose of promoting the sales of se- ceive investment advice with the regulatory chasing such shares; curities of a registered investment company. protection that they expect and deserve. (3) methods to increase the transparency of ‘‘(C) TIMING OF DISCLOSURE.—The disclo- We wish to express our enthusiastic sup- expenses and potential conflicts of interest sures required under subparagraph (A) shall port for your proposal to establish a fidu- in transactions involving the shares of open- be made to permit the person purchasing the ciary duty for brokers and are available to end companies; shares to evaluate such disclosures before de- provide whatever assistance you may need in (4) the existing private and public efforts ciding to engage in the transaction. this respect. to educate investors; and ‘‘(D) LIMITATION.—The disclosures required Respectfully submitted, (5) a strategy to increase the financial lit- under subparagraph (A) may not be made ex- MERCER BULLARD, eracy of investors that results in a positive clusively in— Founder and Presi- change in investor behavior. ‘‘(i) a registration statement or prospectus dent, Fund Democ- (b) REPORT.—Not later than 1 year after of a registered investment company; or racy, Inc. the date of enactment of this Act, the Secu- ‘‘(ii) any other filing of a registered invest- BARBARA ROPER, rities and Exchange Commission shall sub- ment company with the Commission. Director of Investor mit a report on the study required under ‘‘(E) COMMISSION AUTHORITY.—The Commis- Protection, Con- subsection (a) to— sion shall promulgate such final rules as are sumer Federation of (1) the Committee on Banking, Housing, necessary to carry out this paragraph not America. and Urban Affairs of the Senate; and later than 1 year after the date of enactment DENISE VOIGT CRAWFORD, (2) the Committee on Financial Services of of the Mutual Fund Transparency Act of Texas Securities Com- the House of Representatives. 2009.’’. missioner and Presi- SEC. 5. STUDY REGARDING MUTUAL FUND AD- (b) FIDUCIARY DUTIES.—Section 15 of the dent, North Amer- VERTISING. Securities Exchange Act of 1934 (15 U.S.C. ican Securities Ad- (a) IN GENERAL.—The Comptroller General 78o) is amended by adding at the end the fol- ministrators Associa- of the United States shall conduct a study on lowing new subsection: tion, Inc. mutual fund advertising to identify— ‘‘(k) STANDARD OF CARE.—Notwithstanding ELLEN TURF, (1) existing and proposed regulatory re- any other provision of this title or the In- CEO, National Asso- quirements for open-end investment com- vestment Advisers Act of 1940, the Commis- ciation of Personal pany advertisements; sion shall promulgate rules, not later than 1 Financial Advisors. (2) current marketing practices for the sale year after the date of enactment of the Mu- KEVIN R. KELLER, of open-end investment company shares, in- tual Fund Transparency Act of 2009 to pro- Chief Executive Offi- cluding the use of unsustainable past per- vide that the standard of care for all brokers cer, Certified Finan- formance data, funds that have merged, and and dealers in providing investment advice cial Planner Board incubator funds; about securities to retail customers or cli- of Standards, Inc. (3) the impact of such advertising on con- ents (and such other customers or clients as MARVIN W. TUTTLE JR., sumers; and the Commission may by rule provide) shall CAE, Executive Direc- (4) recommendations to improve investor be the fiduciary duty established under the tor and CEO, Finan- protections in mutual fund advertising and Investment Advisers Act of 1940, including, cial Planning Asso- additional information necessary to ensure without limitation, the duty to act solely in ciation. that investors can make informed financial the best interest of the customer or client, decisions when purchasing shares. without regard to the financial or other in- OCTOBER 21, 2009. (b) REPORT.—Not later than 1 year after Hon. DANIEL K. AKAKA, the date of enactment of this Act, the Comp- terest of the broker or dealer providing the Hart Senate Office Building, troller General of the United States shall advice.’’. Washington, DC. submit a report on the results of the study OCTOBER 21, 2009. DEAR SENATOR AKAKA: We are writing to conducted under subsection (a) to— Hon. DANIEL K. AKAKA, express our enthusiastic support for the Mu- (1) the Committee on Banking, Housing, Hart Senate Office Building, tual Fund Transparency Act of 2009 because and Urban Affairs of the United States Sen- Washington, DC. your bill will benefit fund shareholders in ate; and DEAR SENATOR AKAKA: We are writing to three significant respects. First, it will (2) the Committee on Financial Services of express our strong support for your efforts to strengthen the independence of mutual fund the House of Representatives. ensure that professionals who advise Amer- boards to help ensure that the gross abuses ica’s investors are held to the highest stand- SEC. 6. POINT-OF-SALE DISCLOSURE. of trust committed by fund managers in con- (a) IN GENERAL.—Section 15(b) of the Secu- ard of care—the fiduciary standard. Section nection with the recent mutual fund scandal rities Exchange Act of 1934 (15 U.S.C. 78o(b)), 6(b) of the Mutual Fund Transparency Act of will not be repeated. Second, the bill will re- as amended by section 2 of this Act, is 2009 (‘‘MFTA’’) would clearly establish that quire that fund shareholders be provided amended by adding at the end the following: brokers are subject to a fiduciary duty with with full and understandable disclosure of ‘‘(14) BROKER AND DEALER DISCLOSURES IN respect to investment advice provided to re- brokers’ fees and conflicts of interest, and MUTUAL FUND TRANSACTIONS.— tail investors. This provision eliminates a that when brokers provide individualized in- ‘‘(A) IN GENERAL.—Each broker and dealer regulatory gap that has long exposed inves- vestment advice they will be held to the shall disclose in writing to each person that tors to unscrupulous and harmful sales prac- same fiduciary standards to which all other purchases the shares of an open-end or tices by brokers. investment advisers are held. Third, the bill closed-end company registered under section Under current law, brokers are subject to a will promote competition through increased 8 of the Investment Company Act of 1940 (15 general suitability standard when providing price transparency, and thereby improve U.S.C. 80a–8) or any interest in a unit invest- investment advice to their retail clients. services and reduce costs for the almost 100 ment trust or municipal securities registered Under a suitability standard, a broker is not million Americans who have entrusted their under this title— required to ensure that his recommendations financial security to mutual funds. ‘‘(i) the source and amount, in dollars and are what is best for his clients, but only as a percentage of assets, of any compensa- what is generally suitable. The suitability FUND GOVERNANCE tion received or to be received by the broker standard allows brokers to recommend in- The mutual fund scandal that erupted in or dealer in connection with such trans- vestments, for example, based on the amount September 2003 and continues to be litigated action from any sources; of compensation the broker receives rather to this day revealed ‘‘a serious breakdown in ‘‘(ii) the amount, in dollars and as a per- than what is in the best interest of the cli- management controls in more than just a centage of assets, of compensation received ent. The suitability standard does not even few mutual fund complexes.’’ As noted by in connection with transactions in shares of require brokers to disclose their compensa- the Securities and Exchange Commission: other investment company shares offered by tion so that their clients can evaluate con- The breakdown in fund management and the broker or dealer, if materially different flict of interest payments for themselves. compliance controls evidenced by our en- from the amount under clause (i); In contrast, investment advisers are sub- forcement cases raises troubling questions ‘‘(iii) comparative information that shows ject to a strict fiduciary duty under the Ad- about the ability of many fund boards, as the average amount received by brokers and visers Act. As such, they are required to presently constituted, to effectively oversee dealers in connection with comparable trans- make recommendations only if they are in the management of funds. The failure of a actions, as determined by the Commission; the client’s best interest and to disclose all board to play its proper role can result, in and material conflicts. By applying the fiduciary addition to serious compliance breakdowns, ‘‘(iv) such other information as the Com- standard under the Advisers Act to brokers, in excessive fees and brokerage commissions, mission determines appropriate. Section 6(b) of the MFTA ensures that the less than forthright disclosure, mispricing of

VerDate Nov 24 2008 02:43 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.032 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10858 CONGRESSIONAL RECORD — SENATE October 28, 2009 securities, and inferior investment perform- Remarkably, in the wake of a longstanding ica’s mutual fund investors through effective ance.’’ pattern of brokers’ sales abuses, the Com- disclosure and truly independent board over- The Act directly addresses the governance mission has effectively repealed Congress’s sight. weaknesses revealed by the scandal by narrow exemption from advisory regulation Respectfully submitted, strengthening the independence of fund di- for brokers who provide only ‘‘solely inci- MERCER BULLARD, rectors. It plugs loopholes that have allowed dental’’ advice. The Commission’s strained Founder and Presi- former executives of fund managers and interpretation of ‘‘solely incidental’’ advice dent, Fund Democ- other fund service providers, among others, to include any advice provided ‘‘in connec- racy, Inc. to qualify as ‘‘independent’’ directors when tion with and reasonably related to a bro- BARBARA ROPER, their independence is clearly compromised ker’s brokerage services’’ has effectively Director of Investor by their former positions. The Act also en- stripped advisory clients of the protections Protection, Con- sures that the board’s agenda will be set by of an entire statutory regime solely on the sumer Federation of an independent chairman, and not by the ground that the investment advice happens America. CEO of the fund’s manager, as is common to be provided by a broker. The Commis- KEN MCELDOWNEY, practice today, and that independent direc- sion’s position flatly contradicts the text Executive Director, tors will control board matters and the eval- and purpose of the Investment Advisers Act, Consumer Action. uation of independent nominees. The Act’s which, as the Supreme Court has stated: ‘‘re- IRENE E. LEECH, requirement that independent directors seek flects a congressional recognition ‘of the Virginia Citizens Con- shareholder approval at least every five delicate fiduciary nature of an investment sumer Council. years will enhance the accountability of advisory relationship,’ as well as a congres- WALTER DARTLAND, independent directors to the shareholders sional intent to eliminate, or at least to ex- Consumer Federation whose interests they are supposed to serve. pose, all conflicts of interest which might in- of the Southeast. The Act’s requirement that funds have an cline an investment adviser—consciously or DAMON SILVERS, independent chairman and a 75 percent inde- unconsciously—to render advice which was Director of Policy and pendent board of directors is critical in light not disinterested.’’ Special Counsel, of the SEC’s failure to take final action on AFL–CIO. rules imposing similar requirements. Even if Your proposal restores crucial components DENISE VOIGT CRAWFORD, these rules were adopted, they would not of Congress’s carefully constructed regu- Texas Securities Com- prevent fund managers from terminating latory scheme for the distinct and com- missioner and Presi- independent chairmen or reducing inde- plementary regulation of brokerage and ad- dent, North Amer- pendent representation on the board to the visory services. It properly recognizes that a ican Securities Ad- statutory minimum of 40 percent. The SEC’s ‘‘fiduciary, which Congress recognized the ministrators Associa- rules would apply only when the funds investment adviser to be,’’ is also what con- choose to rely on certain exemptive rules. If sumers expect an investment adviser to be, tion, Inc. as is generally the case when professional there were a conflict between the fund’s By Ms. LANDRIEU: independent directors and the fund manager, services are provided on a personalized basis. the fund manager could simply stop relying The Act also recognizes the importance of S. 1965. A bill to authorize the Sec- on the rules and seek to install its own ex- ‘‘expos[ing] all conflicts of interest which retary of the Interior to provide finan- ecutives in a majority of board positions. might incline an investment adviser—con- cial assistance to the State of Lou- More importantly, independent directors sciously or unconsciously—to render advice isiana for a pilot program to develop know that the protection given them by the which was not disinterested,’’ by requiring measures to eradicate or control feral SEC is limited, and they therefore will be full disclosure of such conflicts of interests swine and to assess and restore wet- less likely to stand up for shareholders than and other material information at the time lands damaged by feral swine; to the they would be if—as you have proposed—the that the prospective client is deciding Committee on Environment and Public SEC’s proposals were codified. whether to enter into the relationship. Works. FIDUCIARY DUTIES AND FULL DISCLOSURE FOR FEE DISCLOSURE AND PRICE COMPETITION Ms. LANDRIEU. Mr. President, I rise ALL INVESTMENT ADVISERS Your fee disclosure provisions will do dou- today to introduce a bill that will be Recent regulatory investigations and en- ble duty, by addressing conflicts of interest an important component in our efforts forcement actions have uncovered persistent and brokers’ sales abuses while also pro- to rebuild Louisiana’s vast wetlands. and widespread sales abuses by brokers. Reg- moting competition, thereby improving serv- ulators have found that brokers have sys- ices and driving down expenses. Requiring Today, the coastline of my home state tematically overcharged investors for com- brokers to disclose the amount of differen- is the site of one of the Nation’s most missions, routinely made improper rec- tial payments and average fees for com- pronounced ecological disasters: the ommendations of B shares, accepted undis- parable transactions will provide the kind of massive erosion of Louisiana’s coastal closed directed brokerage payments in re- price transparency that is a necessary predi- wetlands. Few are aware that the turn for distribution services, and received cate for price competition and the efficient marsh and wetlands along Louisiana’s revenue sharing payments that create incen- operation of free markets. In addition, the tives to favor funds that pay the highest coast comprise some 40 percent of the requirement that funds disclose the amount Nation’s total salt marshes. Louisi- compensation rather than funds that are the of commissions they pay will ensure that the best investment option for their clients. fund expense ratio includes all of the costs of ana’s coastline is a national treasure. Five years ago, the Commission promised the fund’s operations and will enable inves- Yet, this national treasure is dis- that it would address the problems that have tors to make more informed investment de- appearing at an alarming rate due to a so long plagued brokers’ sales practices, but cisions. The best regulator of fees is the mar- number of natural and man-made fac- the Commission’s efforts have fallen far ket, but the market cannot operate effi- short of the mark. Its proposals failed to re- tors, including the destruction of wet- ciently when brokers and funds are per- quire full disclosure of brokers’ compensa- lands caused by non-native feral pig mitted to hide the actual cost of the services tion, much less the disclosure of information populations that are literally eating they provide. that would enable investors to fully evaluate away the coast. The loss of our wet- their brokers’ conflicts of interests. The new FINANCIAL LITERACY AND FUND lands threatens not only our teeming disclosure requirements that you have pro- ADVERTISEMENTS wildlife, but also land, lives, energy in- posed will ensure that brokers will be subject Finally, we strongly agree that there is a frastructure, and navigation. to a fiduciary duty and their conflicts of in- need for further study of financial literacy, That is why I rise today, to introduce terest will be fully transparent to investors. including especially information that fund the Feral Swine Eradication and Con- Investors will be able to view the amount the investors need to make informed investment broker is being paid for the fund being rec- decisions and methods to increase the trans- trol Pilot Program Act of 2009, address ommended compared with the (often lesser) parency of fees and potential conflicts of in- the challenges these species pose to our amount the broker would receive for selling terest. Your proposed study of mutual fund efforts to reverse coastal wetland dete- a different fund, which cannot help but di- advertisements is also timely, as the regula- rioration. rect investors’ attention to the conflict of tion of fund ads continues to permit mis- Every 30 minutes, a portion of Lou- interest created by differential compensa- leading touting of outsized short-term per- isiana’s coast the size of a football field tion structures. We especially applaud your formance and other abuses. is converted from healthy marsh into proposal to ensure that all broker compensa- Mutual funds are Americans’ most impor- open water. Since 1930, 1.2 million acres tion, including revenue sharing payments, is tant lifeline to retirement security. The reg- have been lost—an area roughly the disclosed in the point-of-sale document, ulation of mutual funds, however, has not which ensures that disclosure rules will not kept pace with their enormous growth. We size of Delaware. Scientists predict create an incentive for brokers to favor rev- applaud your continuing efforts to enhance that Louisiana will lose another 700 enue sharing as a means of avoiding disclo- investor protection, promote vigorous mar- square miles of coastal wetlands by sure. ket competition and create wealth for Amer- 2050—an area the size of the greater

VerDate Nov 24 2008 04:53 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.039 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10859 Washington, D.C. and Baltimore metro gram. In July, I joined my friend and vote in federal elections on Election areas. colleague Senator CARDIN in intro- Day or the same day that they vote. Louisiana’s coastal land loss prob- ducing the reauthorization of the Nu- In many ways, the machinery of our lems are caused by a number of natural tria Eradication and Control Act. democracy needs significant repair. We and man-made factors. The primary These two measures have been instru- live in an age of low turnout and high factor has been the leveeing of the Mis- mental in reducing the nutria damage cynicism. The American people have sissippi River for purposes of flood con- to Louisiana’s wetlands. lost faith in our election system, in trol and navigation. Historically, the Now, it is my hope that we can part because they are not confident river would flood seasonally, taking achieve similar success with the prob- that their votes will be counted or that silt from the Midwest and depositing it lem of feral hogs. Feral swine are listed the ballot box is accessible to each and across the Mississippi Delta. Levees by the World Conservation Union, every voter regardless of ability, race, provided the needed flood protection, IUCN, as one of the top 100 invasive or means. yet prevented vital land-building sedi- species worldwide. If action is not What we see instead are long lines at ments and nutrients from replenishing taken to control the feral swine popu- polling places; faulty voting machines; and elevating deteriorating marshes. lation, our biologists fear these ani- under-trained, under-paid, over-worked Additional activity added to the prob- mals will undo much of the progress poll workers; partisan election admin- lem, including dredging thousands of Louisiana has made in controlling the istrators; suspect vote tallies; caging miles of access canals for petroleum nutria population. It is my hope that lists; intimidation at the polling place; extraction and navigation. Those ca- with the help of my colleagues, we can misleading flyers; illegal voter-file nals accelerated saltwater intrusion, pass this bill to help eradicate these purges; and now, the Supreme Court further weakening the marsh. pests from our vanishing coastline once approving discriminatory voter ID Another human activity that re- and for all. laws. If people cannot trust their elec- sulted in significant wetland loss was The bill I am introducing today au- tions, why should they trust their the introduction of two invasive spe- thorizes the Secretary of the Interior elected officials? cies to the marshland habitat: the nu- to allocate funding to create a pilot Three years ago, Professor Dan tria and the feral pig. These non-native program modeled off of the Nutria Tokaji, a leading election law expert, species are consuming our wetlands at Eradication and Control Act. This pro- called for a ‘‘moneyball approach to an alarming rate. Nutria were initially gram will assess the nature and extent election reform.’’ Named after Michael introduced by those who wanted to of damage to the wetlands in Louisiana Lewis’ book about the Oakland A’s raise them for their furs. Their popu- and develop methods to eradicate or data-driven hiring system, Tokaji’s ap- lation exploded in the wild and their control the feral swine population, and proach is quintessentially progressive, appetite for marsh grass is boundless. restore the coastal areas damaged by as that term was understood at the Scientists estimate that nutria are this invasive species. turn of the century. ‘‘I mean to suggest currently affecting an estimated 100,000 It is a small program, but rewards it a research-driven inquiry,’’ Tokaji acres of coastal wetlands. could reap are potentially vast. Con- wrote, ‘‘in place of the anecdotal ap- The feral hog is another exotic spe- sider this, Louisiana’s wetlands are not proach that has too often dominated cies which has expanded its range only the home to our famed wildlife, election reform conversations. While throughout most of Louisiana. Feral they are also the most effective protec- anecdotes and intuition have their swine cause extensive damage to nat- tion we have against future storm dam- place, they’re no substitute for hard ural wildlife habitat. In Louisiana, the age. data and rigorous analysis.’’ wild omnivores compete with native Coastal wetlands are the last barrier This bill embodies the moneyball ap- wildlife for food resources; prey on between the sea and the land. Wetlands proach to election reform. In stark young domestic animals and wildlife; reduce high winds and absorb the dead- contrast to many so-called election re- and carry diseases that can affect pets, ly storm surges that often accompany form proposals, this bill addresses a livestock, wildlife and people. Sci- hurricanes. Scientists estimate that real problem—low voter turnout; it entists now believe that the feral hogs every 3 to 4 miles of wetlands can ab- targets a major cause of the problem— are not only wreaking enormous dam- sorb enough water to reduce the height archaic registration laws; and it offers age to the marsh, but are also nega- of a storm surge by 1 foot. That pro- a proven solution—same day registra- tively impacting native freshwater tects the millions of hardworking men tion SDR sometimes known as Election mussels and insects by contributing E. and women who live along Louisiana’s Day registration, EDR. coli to water systems. coast. The bill is very simple: it amends the According to the Louisiana Depart- But I would also like to remind my Help America Vote Act to require ment of Wildlife and Fisheries, the wild colleagues of the vital strategic impor- every state to allow eligible citizens to pig is the most prolific large mammal tance these wetlands serve to the Na- register and vote in a Federal election in North America and given adequate tion’s energy security: Louisiana is one on the day of the election, or on any nutrition, its populations in an area of the economy’s largest producers of day where voting is permitted, like can double in just 4 months. energy. Without wetlands as a buffer, during early voting. Voters may reg- As I mentioned earlier, Louisiana’s storms could devastate the Nation’s ister using any form that satisfies the landscape has already been ravaged by critical energy infrastructure. requirements of the National Voter the nutria rodent. In 2002, the first pro- It is for all of these reasons that this Registration Act, including the Federal gram was created to combat the in- legislation is crucial. I ask that my mail in voter registration form and any creasing nutria populations. This pro- colleagues support its prompt passage. state’s standard registration form. gram, the Coast-wide Nutria Control North Dakota, which does not have Program, CNCP, incentivized trappers By Mr. FEINGOLD (for himself, voter registration, is exempted from to catch nutria in return for monetary Ms. KLOBUCHAR, Mr. TESTER, the bill’s requirements. compensation. This program has prov- Mr. HARKIN, and Mr. KERRY): The bill itself is simple, but it ad- en successful at decreasing nutria pop- S. 1986. A bill to amend the Help dresses a significant problem: the low ulations and significantly reducing America Vote Act of 2002 to require voter turnout that has plagued this their impact to coastal wetlands. States to provide for same day reg- country for the last 40 years. We live in However, more effort was needed to istration; to the Committee on Rules a participatory democracy, where our further reduce the nutria damage to and Administration. government derives its power from the wetlands, both in Louisiana and in Mr. FEINGOLD. Mr. President, today consent of the governed, a consent em- other marshy environments, including I will reintroduce, along with Senators bodied in the people’s exercise of their Maryland’s Chesapeake Bay. The Nu- KLOBUCHAR, TESTER, HARKIN and fundamental right to vote. It is self tria Eradication and Control Act was KERRY, the Same Day Registration Act evident that a participatory democracy enacted in 2003 to provide a critical of 2009, a bill that would significantly depends on participation. supplement of funding to strengthen increase voter participation by allow- This may be a government of the peo- the Coast-wide Nutria Control Pro- ing all eligible citizens to register to ple, Mr. President, but the people are

VerDate Nov 24 2008 04:53 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.043 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10860 CONGRESSIONAL RECORD — SENATE October 28, 2009 not voting. Since 1968, American polit- impact on turnout. As one academic The bottom line is this: the Same ical participation has hovered around paper states, ‘‘the evidence on whether Day Registration Act would substan- 50 percent for Presidential elections EDR augments the electorate is re- tially increase civic participation, im- and 40 percent for congressional elec- markably clear and consistent. Studies prove the integrity of the electoral tions. Even in 2008, a record-breaking finding positive and significant turnout process, reduce election administration year, national turnout was only 61.7 impacts are too numerous to list.’’ Mr. costs, and reaffirm that voting is a fun- percent of the voting age population. President, studies indicate that same damental right. It has been proven ef- The U.S. may be the only established day registration alone increases turn- fective by more than 30 years of suc- democracy in the world where the fact out by roughly 5 to 10 percentage cessful implementation in Minnesota that nearly 40 percent of the electorate points. and Wisconsin and decades of empirical stayed home is considered cause for In general, States with same day reg- research. Same day registration is good celebration. istration boast voter turnout that is for voters, good for taxpayers, and good In fact, our predecessors in the Sen- 10–12 percentage points higher than for democracy. ate would be surprised to find us cele- States that require voters to register brating such low turnout: a 1974 report Mr. President, I ask unanimous con- before Election Day. Turnout in Min- sent that the text of the bill be printed by the Senate Committee on the Post nesota and Wisconsin, which imple- in the RECORD. Office and Civil Service bemoaned the mented same day registration over 35 ‘‘shocking’’ drop in turnout in the 1972 years ago has been especially high: in There being no objection, the text of election. And what was the number 2004, for example, when national turn- the bill was ordered to be printed in that so troubled the Committee? Fifty- out was just 55 percent, 78 percent of the RECORD, as follows: five percent. eligible Minnesotans and 75 percent of S. 1986 The report went on: ‘‘[i]t is the Com- eligible Wisconsinites went to the mittee’s conviction that our dis- polls. The last time national voter Be it enacted by the Senate and House of Rep- quieting record of voter participation turnout was above 70 percent, it was resentatives of the United States of America in is in large part due to the hodgepodge Congress assembled, 1896, there were only 45 States, and the of registration barriers put in the way gold standard was the dominant cam- SECTION 1. SHORT TITLE. of the voter. Such obstacles have little, paign issue. if anything, to recommend them. At This Act may be cited as the ‘‘Same Day Critics might worry about the possi- Registration Act’’. best, current registration laws in the bility of fraud, but same day registra- various states are outmoded and sim- tion actually makes the registration SEC. 2. SAME DAY REGISTRATION. ply inappropriate for a highly mobile process more secure. Voters registering (a) IN GENERAL.—Title III of the Help population. At worst, registration laws when they vote do so in the presence of America Vote Act of 2002 (42 U.S.C. 15481 et can be construed as a deliberate effort an elections official who verifies the seq.) is amended— to disenfranchise voters who des- (1) by redesignating sections 304 and 305 as voter’s residency and identity on the perately need entry into the decision- sections 305 and 306, respectively; and spot. Mark Ritchie, Minnesota’s Sec- making processes of our country.’’ (2) by inserting after section 303 the fol- What a shame, that the Committee’s retary of State, points out that same lowing new section: day registration ‘‘is much more secure findings are still valid. Our archaic ‘‘SEC. 304. SAME DAY REGISTRATION. registration laws have been reformed, because you have the person right in ‘‘(a) IN GENERAL.— but they are still archaic. We have front of you—not a postcard in the mail. That is a no-brainer. We have 33 ‘‘(1) REGISTRATION.—Notwithstanding sec- passed a number of important bills de- tion 8(a)(1)(D) of the National Voter Reg- signed to combat low turnout, but years of experience with this.’’ In contrast to most election reforms, istration Act of 1993 (42 U.S.C. 1973gg–6), each turnout is still low. America is even State shall permit any eligible individual on the cost of same day registration is more mobile than it was in 1974, and the day of a Federal election and on any day yet our registration laws are still out negligible. A recent survey of 26 local when voting, including early voting, is per- of touch with the reality that more elections officials in six same day reg- mitted for a Federal election— than 40 million Americans move every istration States found that ‘‘officials ‘‘(A) to register to vote in such election at year. Worst of all, our registration agreed that incidental expense of ad- the polling place using a form that meets the ministering EDR is minimal.’’ In fact, requirements under section 9(b) of the Na- laws still fall especially hard on the tional Voter Registration Act of 1993; and young, the old, and the poor. same day registration may actually re- sult in a net savings because it signifi- ‘‘(B) to cast a vote in such election. We have long known that com- ‘‘(2) EXCEPTION.—The requirements under plicated voter registration require- cantly reduces the use of provisional paragraph (1) shall not apply to a State in ments constitute one of the major bar- ballots. Provisional ballots, which are which, under a State law in effect continu- riers to voting. In fact, many states required by the Help America Vote ously on and after the date of the enactment adopted voter registration in order to Act, are expensive to administer. The of this section, there is no voter registration prevent certain segments of the popu- Congressional Budget Office estimates requirement for individuals in the State with lation from voting. Alexander Keyssar, that provisional ballots cost State and respect to elections for Federal office. the preeminent scholar on the history local governments about $25 million a ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of right to vote in this country, writes year. this section, the term ‘eligible individual’ that although ‘‘[r]egistration laws In some States the number of provi- means, with respect to any election for Fed- emerged in the nineteenth century as a sional ballots cast is surprisingly large. eral office, an individual who is otherwise qualified to vote in that election. means of keeping track of voters and For example, in 2004, more than 4 per- preventing fraud; they also served—and cent of California’s registered voters ‘‘(c) EFFECTIVE DATE.—Each State shall be were intended to serve—as a means of cast provisional ballots—that is 644,642 required to comply with the requirements of subsection (a) for the regularly scheduled keeping African-American, working- provisional ballots. In Ohio, 157,714 pro- visional ballots were cast, about 2 per- general election for Federal office occurring class, immigrant, and poor voters from in November 2010 and for any subsequent the polls.’’ cent of all registered voters. election for Federal office.’’. It is time for a fundamental change. In contrast, in 2004 only 0.03 percent (b) CONFORMING AMENDMENTS.— A large body of research tells us that of voters in SDR states cast a provi- sional ballot. In Wisconsin, only 374 (1) Section 401 of such Act (42 U.S.C. 15511) unnecessarily burdensome voter reg- is amended by striking ‘‘and 303’’ and insert- istration requirements are the single provisional ballots were cast. In Maine, ing ‘‘303, and 304’’. largest factor in preventing people only 95 provisional ballots were cast. In (2) The table of contents of such Act is from voting. Simply put, voter reg- fact, only 952 provisional ballots were amended— istration restrictions should not keep cast in all the SDR states combined in (A) by redesignating the items relating to eligible Americans from exercising 2004. To be sure, this bill is no cure-all: sections 304 and 305 as relating to sections their right to vote. The solution to this it does not address long lines, deceptive 305 and 306, respectively; and problem is same day registration. flyers, and faulty voting machines. (B) by inserting after the item relating to Decades of empirical research con- Other bills, good bills, address those section 303 the following new item: firm same day registration’s positive issues. ‘‘Sec. 304. Same day registration.’’.

VerDate Nov 24 2008 04:53 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.046 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10861 SUBMITTED RESOLUTIONS SENATE RESOLUTION 327—SUP- Whereas nearly 1,500,000 high school stu- PORTING THE GOALS AND dents nationwide experienced physical abuse IDEALS OF NATIONAL DOMESTIC from a dating partner in a single year; VIOLENCE AWARENESS MONTH Whereas 13 percent of teenage girls who have been in a relationship report being hit SENATE RESOLUTION 326—RECOG- 2009 AND EXPRESSING THE or hurt by their partners and 1 in 4 teenage NIZING THE 40TH ANNIVERSARY SENSE OF THE SENATE THAT girls has been in a relationship in which she OF THE GEORGE BUSH INTER- CONGRESS SHOULD CONTINUE was pressured by her partner into performing CONTINENTAL AIRPORT IN TO RAISE AWARENESS OF DO- sexual acts; HOUSTON, TEXAS MESTIC VIOLENCE IN THE Whereas adolescent girls who reported dat- UNITED STATES AND ITS DEV- ing violence were 60 percent more likely to Mrs. HUTCHISON (for herself and ASTATING EFFECTS ON FAMI- report one or more suicide attempts in the past year; Mr. CORNYN) submitted the following LIES AND COMMUNITIES, AND Whereas there is a need for middle schools, resolution; which was considered and SUPPORT PROGRAMS DESIGNED secondary schools, and post-secondary agreed to: TO END DOMESTIC VIOLENCE schools to educate students about the issues of domestic violence, sexual assault, dating S. RES. 326 Ms. KLOBUCHAR (for herself, Mr. violence, and stalking; Whereas the George Bush Intercontinental LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. Whereas 88 percent of men in a national Airport in the City of Houston, Texas (re- GILLIBRAND, Mr. CARPO, Ms. COLLINS, poll reported that they think that our soci- ferred to in this resolution as ‘‘IAH’’), was Mr. SPECTER, Ms. LANDRIEU, Ms. ety should do more to respect women and first opened for operation on June 8, 1969; STABENOW, Mr. KAUFMAN, Mr. DURBIN, girls; Whereas in 1997, IAH was named in honor Mr. BROWN, Mr. BURRIS, Mr. Whereas a recently released multi-State of the Nation’s 41st President, George Her- WHITEHOUSE, Mr. LAUTENBERG, Mrs. study shows conclusively that the Nation’s bert Walker Bush, a longtime resident of BOXER, and Mrs. HAGAN) submitted the domestic violence shelters are addressing Houston who, as a member of the Houston following resolution; which was consid- victims’ urgent and long-term needs and are helping victims protect themselves and their congressional delegation, was present at the ered and agreed to: 1969 opening of the airport; children; Whereas IAH is the largest airport in Hous- S. RES. 327 Whereas a 2008 National Census Survey re- ton, serving over 43,000,000 passengers in 2008, Whereas the President has designated Oc- ported that 60,799 adults and children were served by domestic violence shelters and pro- is the 8th largest airport in the United tober 2009 as ‘‘National Domestic Violence grams around the Nation in a single day; States and the 16th largest in the world for Awareness Month’’; Whereas those same understaffed programs total passengers served; Whereas domestic violence affects people of all ages as well as racial, ethnic, gender, were unable to meet 8,927 requests for help Whereas more than 700,000,000 people have that day; passed through IAH’s gates since its opening; economic, and religious backgrounds; Whereas females are disproportionately Whereas there is a need to increase funding Whereas IAH has grown to become a world- victims of domestic violence, and 1 in 4 for programs aimed at intervening and pre- class international gateway offering service women will experience domestic violence at venting domestic violence in the United to more than 109 domestic and 65 nonstop some point in her life; States; and international destinations in over 32 coun- Whereas on average, more than 3 women Whereas individuals and organizations that tries; are murdered by their husbands or boy- are dedicated to preventing and ending do- Whereas in 1990, the city of Houston named friends in the United States every day; mestic violence should be recognized: Now, the IAH international arrivals building, now Whereas in 2005, 1,181 women were mur- therefore, be it the IAH Terminal D, in honor of the distin- dered by an intimate partner constituting 78 Resolved, That the Senate— guished Congressman for the 18th District of percent of all intimate partner homicides (1) supports the goals and ideals of Na- Texas, George Thomas ‘‘Mickey’’ Leland, a that year; tional Domestic Violence Awareness Month renowned antipoverty activist who died trag- Whereas women ages 16 to 24 experience 2009; and ically in 1989 while on a humanitarian visit the highest rates, per capita, of intimate (2) expresses the sense of the Senate that to Ethiopia; partner violence; Congress should continue to raise awareness Whereas IAH operates the largest pas- Whereas 1 out of 3 Native American women of domestic violence in the United States senger international arrivals facility in the will be raped and 6 out of 10 will be phys- and its devastating effects on families and communities, and support programs designed Nation and was selected by the Department ically assaulted in their lifetimes; to end domestic violence. of State and the Department of Homeland Whereas the cost of intimate partner vio- Security as the first ‘‘Model Port’’ for its ef- lence exceeds $5,800,000,000 each year, f $4,100,000 of which is for direct medical and ficiency in welcoming international pas- AMENDMENTS SUBMITTED AND sengers arriving in the United States; mental health care services; Whereas 1⁄4 to 1⁄2 of domestic violence vic- Whereas IAH is a regional and world leader PROPOSED tims report that they have lost a job due, at in air cargo processing, consolidation, and SA 2708. Mr. CASEY (for himself and Mrs. least in part, to domestic violence; distribution; GILLIBRAND) submitted an amendment in- Whereas the annual cost of lost produc- tended to be proposed to amendment SA 2699 Whereas IAH is a critical component of the tivity due to domestic violence is estimated submitted by Mr. ISAKSON (for himself and Houston economy, supporting more than at $727,800,000 with over 7,900,000 paid work- Mr. DODD) and intended to be proposed to 151,000 jobs and contributing over days lost per year; the bill H.R. 3548, to amend the Supple- $24,000,000,000 in economic benefits to the Whereas some landlords deny housing to mental Appropriations Act, 2008 to provide Houston region; and victims of domestic violence who have pro- for the temporary availability of certain ad- Whereas IAH serves 30 airlines and is the tection orders or evict victims of domestic ditional emergency unemployment com- headquarters and major hub for award-win- violence for seeking help after a domestic vi- pensation, and for other purposes; which was ning Continental Airlines, which is cele- olence incident, such as by calling 911, or ordered to lie on the table. brating its 75th anniversary in 2009: Now, who have other indications that they are do- SA 2709. Mr. UDALL of Colorado (for him- therefore, be it mestic violence victims; self, Mr. SCHUMER, Mr. TESTER, Mr. Whereas 92 percent of homeless women ex- Resolved that the Senate— MERKLEY, Mr. WHITEHOUSE, and Mr. LEVIN) perience severe physical or sexual abuse at (1) recognizes the 40th anniversary of the submitted an amendment intended to be pro- some point in their lifetimes; founding of the George Bush Interconti- posed by him to the bill H.R. 3548, supra; Whereas approximately 40 to 60 percent of which was ordered to lie on the table. nental Airport; and men who abuse women also abuse children; (2) congratulates officials of the George Whereas approximately 15,500,000 children f Bush Intercontinental Airport, the Houston are exposed to domestic violence every year; Airport System, and the city of Houston, Whereas children exposed to domestic vio- TEXT OF AMENDMENTS Texas, for the airport’s record of excellent lence are more likely to attempt suicide, SA 2708. Mr. CASEY (for himself and service to the citizens of Houston and the na- abuse drugs and alcohol, run away from Mrs. GILLIBRAND) submitted an amend- tional air transportation system. home, and engage in teenage prostitution; ment intended to be proposed to Whereas one large study found that men amendment SA 2699 submitted by Mr. exposed to physical abuse, sexual abuse, and adult domestic violence as children were al- ISAKSON (for himself and Mr. DODD) and most 4 times more likely than other men to intended to be proposed to the bill H.R. have perpetrated domestic violence as 3548, to amend the Supplemental Ap- adults; propriations Act, 2008 to provide for

VerDate Nov 24 2008 05:51 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.035 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10862 CONGRESSIONAL RECORD — SENATE October 28, 2009 the temporary availability of certain payer that indicates that the taxpayer does 2009, the effective date shall be August 22, additional emergency unemployment not meet the age requirement of section 2010’’. compensation, and for other purposes; 36(b)(3), (2) REQUIREMENT THAT PENALTY FEES BE which was ordered to lie on the table; ‘‘(ii) information provided to the Secretary REASONABLE AND PROPORTIONAL TO THE VIOLA- by the taxpayer on an income tax return for TION.—Section 149(b) of the Truth in Lending as follows: at least one of the 2 preceding taxable years Act (15 U.S.C. 1665d(b)) (as added by section Beginning on page 5, line 4, strike all is inconsistent with eligibility for such cred- 102(b) of the Credit Card Accountability Re- through page 7, line 9, and insert the fol- it, or sponsibility and Disclosure Act of 2009) is lowing: ‘‘(iii) the taxpayer fails to attach to the re- amended— (a) AGE LIMITATION.— turn the form described in paragraph (3) or (A) by striking ‘‘9 months after the date of (1) IN GENERAL.—Subsection (b) of section (4) of section 36(d).’’. enactment of this section,’’ and inserting 36 of the Internal Revenue Code of 1986 is (e) INVESTIGATION AND PROSECUTION; RE- ‘‘December 1, 2009, except that for a deposi- amended by adding at the end the following PORT.—The Commissioner of Internal Rev- tory institution, as defined in section new paragraph: enue shall take such steps as are necessary 19(b)(1)(A) of the Federal Reserve Act (12 ‘‘(3) AGE LIMITATION.—No credit shall be al- to investigate and prosecute instances of U.S.C. 461(b)(1)(A)), with fewer than 2 million lowed under subsection (a) with respect to fraud related to the first-time homebuyer credit cards in circulation on the date of the the purchase of any residence unless the tax- tax credit under section 36 of the Internal enactment of the Expedited CARD Reform payer has attained age 18 as of the date of Revenue Code of 1986. The Commissioner of for Consumers Act of 2009, the effective date such purchase and is otherwise not eligible Internal Revenue shall provide reports to shall be February 22, 2010,’’; and to be claimed as a dependent (as defined in Congress on the status of the investigatory (B) by striking ‘‘become effective 15 section 152) on another tax return. In the and prosecutorial actions not later than 90 months after the date of enactment of the case of any taxpayer who is married (within days after the date of the enactment of this section’’ and inserting ‘‘take effect on De- the meaning of section 7703), the taxpayer Act, and quarterly thereafter. cember 1, 2009, except that for a depository shall be treated as meeting the age require- (f) EFFECTIVE DATE.— institution, as defined in section 19(b)(1)(A) ment of the preceding sentence if the tax- of the Federal Reserve Act (12 U.S.C. payer or the taxpayer’s spouse meets such SA 2709. Mr. UDALL of Colorado (for 461(b)(1)(A)), with fewer than 2 million credit age requirement.’’. himself, Mr. SCHUMER, Mr. TESTER, Mr. cards in circulation on the date of the enact- (2) CONFORMING AMENDMENT.—Subsection MERKLEY, Mr. WHITEHOUSE, and Mr. ment of the Expedited CARD Reform for (g) of section 36 of such Code is amended by LEVIN) submitted an amendment in- Consumers Act of 2009, the effective date striking ‘‘subsections (c) and (f)(4)(D)’’ and shall be August 22, 2010’’. inserting ‘‘subsection (b)(3), (c), and tended to be proposed by him to the (f)(4)(D)’’. bill H.R. 3548, to amend the Supple- f (b) DOCUMENTATION REQUIREMENTS.— mental Appropriations Act, 2008 to pro- NOTICES OF HEARINGS (1) IN GENERAL.—Subsection (d) of section vide for the temporary availability of 36 of the Internal Revenue Code of 1986 is certain additional emergency unem- COMMITTEE ON ENERGY AND NATURAL RESOURCES amended by striking ‘‘or’’ at the end of para- ployment compensation, and for other graph (1), by striking the period at the end of Mr. BINGAMAN. Mr. President, I purposes; which was ordered to lie on paragraph (2) and inserting a comma, and by would like to announce for the infor- the table; as follows: adding at the end the following new para- mation of the Senate and the public graphs: At the appropriate place, insert the fol- lowing: that a hearing has been scheduled be- ‘‘(3) the taxpayer fails to attach to the re- fore the Senate Committee on Energy turn of tax for such taxable year a properly SEC. ll. EXPEDITED CARD REFORM FOR CON- executed copy of the settlement statement SUMERS ACT. and Natural Resources. The hearing used to complete such purchase, or (a) SHORT TITLE.—This section may be will be held on Tuesday, November 10, ‘‘(4) the taxpayer fails to attach to the re- cited as the ‘‘Expedited CARD Reform for 2009, at 10 a.m., in room SD–366 of the turn of tax for such taxable year a certified Consumers Act of 2009’’. Dirksen Senate Office Building. statement of the taxpayer’s eligibility for (b) EARLIER EFFECTIVE DATE FOR THE CRED- The purpose of this hearing is to re- the tax credit issued by the real estate re- IT CARD ACT OF 2009, GENERALLY.—Section 3 ceive testimony on policy options for of the Credit Card Accountability Responsi- porting person (as defined in section reducing greenhouse gas emissions. 6045(e)(2)) with respect to such purchase. bility and Disclosure Act of 2009 (15 U.S.C. Such certified statement shall be issued in 1602 note) is amended by striking ‘‘become Because of the limited time available such form and manner as prescribed by the effective 9 months after the date of enact- for the hearing, witnesses may testify Secretary and prepared based on the reason- ment of this Act,’’ and inserting ‘‘take effect by invitation only. However, those able facts and circumstances made known to on December 1, 2009, except that for a deposi- wishing to submit written testimony the reporting person from the taxpayer. The tory institution, as defined in section for the hearing record may do so by reporting person shall not be held liable due 19(b)(1)(A) of the Federal Reserve Act (12 sending it to the Committee on Energy to false statements or facts made by the tax- U.S.C. 461(b)(1)(A)), with fewer than 2 million and Natural Resources, United States credit cards in circulation on the date of the payer, unless such reporting person had rea- Senate, Washington, D.C. 20510–6150, or sonable means to determine such statements enactment of the Expedited CARD Reform or facts were false.’’. for Consumers Act of 2009, the effective date by email to (2) ENSURING ELECTRONIC FILING.—The shall be February 22, 2010,’’ [email protected] Commissioner of Internal Revenue shall de- (c) EARLIER EFFECTIVE DATES FOR SPECIFIC For further information, please con- velop rules that enable the Internal Revenue PROVISIONS TO PREVENT FURTHER ABUSES.— tact Jonathan Black at (202) 224–6722 or Service to enforce the documentation re- (1) REVIEW OF PAST CONSUMER INTEREST Gina Weinstock at (202) 224–5684. RATE INCREASES.—Section 148(d) of the Truth quirements resulting from the amendments SUBCOMMITTEE ON NATIONAL PARKS in Lending Act (15 U.S.C. 1665c(d)) (as added made by paragraph (1) without hindering Mr. BINGAMAN. Mr. President, the electronic means of filing tax returns. by section 101(c) of the Credit Card Account- (c) RESTRICTION ON MARRIED INDIVIDUAL ability Responsibility and Disclosure Act of Subcommittee on National Parks had ACQUIRING RESIDENCE FROM FAMILY OF 2009) is amended— previously announced a hearing to be SPOUSE.—Clause (i) of section 36(c)(3)(A) of (A) by striking ‘‘9 months after the date of held on Wednesday, November 4, 2009, the Internal Revenue Code of 1986 is amended enactment of this section’’ and inserting at 2:30 p.m., in room SD–366 of the by inserting ‘‘(or, if married, such individ- ‘‘December 1, 2009, except that for a deposi- Dirksen Senate Office Building in ual’s spouse)’’ after ‘‘person acquiring such tory institution, as defined in section Washington, DC. In addition to the 19(b)(1)(A) of the Federal Reserve Act (12 property’’. bills previously listed, the following (d) CERTAIN ERRORS WITH RESPECT TO THE U.S.C. 461(b)(1)(A)), with fewer than 2 million FIRST-TIME HOMEBUYER TAX CREDIT TREATED credit cards in circulation on the date of the bill will be included: AS MATHEMATICAL OR CLERICAL ERRORS.— enactment of the Expedited CARD Reform H.R. 1287, to authorize the Secretary Paragraph (2) of section 6213(g) of the Inter- for Consumers Act of 2009, the effective date of the Interior to enter into a partner- nal Revenue Code of 1986 is amended by shall be February 22, 2010,’’; and ship with the Porter County Conven- striking ‘‘and’’ at the end of subparagraph (B) by striking ‘‘become effective 15 tion, Recreation and Visitor Commis- (M), by striking the period at the end of sub- months after that date of enactment’’ and sion regarding the use of the Dorothy paragraph (N) and inserting ‘‘, and’’, and by inserting ‘‘take effect on December 1, 2009, Buell Memorial Visitor Center as a vis- inserting after subparagraph (N) the fol- except that for a depository institution, as itor center for the Indiana Dunes Na- lowing new subparagraph: defined in section 19(b)(1)(A) of the Federal ‘‘(O) an entry on a return claiming the Reserve Act (12 U.S.C. 461(b)(1)(A)), with tional Lakeshore, and for other pur- credit under section 36 if— fewer than 2 million credit cards in circula- poses. ‘‘(i) the Secretary obtains information tion on the date of the enactment of the Ex- Because of the limited time available from the person issuing the TIN of the tax- pedited CARD Reform for Consumers Act of for the hearing, witnesses may testify

VerDate Nov 24 2008 02:57 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.042 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10863 by invitation only. However, those COMMITTEE ON ENERGY AND NATURAL thorized to meet during the session of wishing to submit written testimony RESOURCES the Senate on October 28, 2009, at 2 p.m. for the hearing record should send it to Ms. STABENOW. Mr. President, I ask in room SD–366 of the Dirksen Senate the Committee on Energy and Natural unanimous consent that the Com- Office Building. Resources, United States Senate, mittee on Energy and Natural Re- The PRESIDING OFFICER. Without Washington, DC 20510–6150, or by email sources be authorized to meet during objection, it is so ordered. to [email protected] the session of the Senate on October 28, f .gov. 2009, at 10 a.m., in room SD–366 of the For further information, please con- Dirksen Senate Office Building. PRIVILEGES OF THE FLOOR tact David Brooks at (202) 224–9863 or The PRESIDING OFFICER. Without Ms. STABENOW. Mr. President, on Allison Seyferth at (202) 224–4905. objection, it is so ordered. behalf of Senator MARK UDALL, I ask SUBCOMMITTEE ON WATER AND POWER COMMITTEE ON ENVIRONMENT AND PUBLIC unanimous consent that a fellow in his Mr. BINGAMAN. Mr. President, I WORKS office, Matt Bowen, be granted floor would like to announce for the infor- Ms. STABENOW. Mr. President, I ask privileges for the duration of the mation of the Senate and the public unanimous consent that the Com- month of October. that a hearing has been scheduled be- mittee on Environment and Public The PRESIDING OFFICER. Without fore the Subcommittee on Water and Works be authorized to meet during objection, it is so ordered. Power of the Committee on Energy and the session of the Senate on October 28, Mr. CARDIN. Mr. President, I ask Natural Resources. The hearing will be 2009, at 9:30 a.m., in room 406 of the unanimous consent that Lauren Bate- held on Thursday, November 5, 2009, at Dirksen Senate Office Building to hold man, Caren Street, and Maria Urbina, 2:30 p.m., in room SD–366 of the Dirk- a hearing entitled ‘‘Legislative Hearing from Senator REID’s office, be granted sen Senate Office Building in Wash- on S. 1733, Clean Energy Jobs and the privilege of the floor for the month ington, DC. American Power Act.’’ of October. The purpose of the hearing is to re- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without ceive testimony on the following bills: objection, it is so ordered. objection, it is so ordered. S. 1757, to provide for the prepayment COMMITTEE ON HOMELAND SECURITY AND f GOVERNMENTAL AFFAIRS of a repayment contract between the EXECUTIVE SESSION United States and the Uintah Water Ms. STABENOW. Mr. President, I ask Conservancy District, and for other unanimous consent that the Com- purposes; S. 1758, to provide for the al- mittee on Homeland Security and Gov- EXECUTIVE CALENDAR location of costs to project power with ernmental Affairs be authorized to respect to power development within meet during the session of the Senate Mr. WHITEHOUSE. Mr. President, I the Diamond Fork System, and for on October 28, 2009. ask unanimous consent that the Sen- other purposes; and S. 1759, to author- The PRESIDING OFFICER. Without ate proceed to executive session to con- ize certain transfers of water in the objection, it is so ordered. sider Calendar Nos. 504, 505, 506 to and including 511, except the nomination of Central Valley Project, and for other COMMITTEE ON THE JUDICIARY BG Michael J. Walsh, 512 to and includ- purposes. Ms. STABENOW. Mr. President, I ask Because of the limited time available ing 514, 519, 520, and all nominations on unanimous consent that the Com- the Secretary’s desk in the Air Force, for the hearing, witnesses may testify mittee on the Judiciary be authorized by invitation only. However, those Army, Coast Guard, Marine Corps, and to meet during the session of the Sen- Navy; that the nominations be con- wishing to submit written testimony ate on October 28, 2009, at 10 a.m., in for the hearing record should send it to firmed en bloc; the motions to recon- room SD–226 of the Dirksen Office sider be laid upon the table en bloc; the Committee on Energy and Natural Building, to conduct a hearing entitled Resources, United States Senate, that no further motions be in order; ‘‘Effective Strategies for Preventing that any statements relating to the Washington, DC 20510–6150, or by email Health Care Fraud.’’ nominations be printed in the RECORD; to [email protected] The PRESIDING OFFICER. Without provided further that the President be .gov. objection, it is so ordered. For further information, please con- immediately notified of the Senate’s AD HOC SUBCOMMITTEE ON CONTRACTING action; and the Senate then return to tact Tanya Trujillo at (202) 224–5479 or OVERSIGHT Gina Weinstock at (202) 224–5684. legislative session. Ms. STABENOW. Mr. President, I ask The PRESIDING OFFICER. Without f unanimous consent that the Ad Hoc objection, it is so ordered. AUTHORITY FOR COMMITTEES TO Subcommittee on Contracting Over- The nominations considered and con- MEET sight of the Committee on Homeland firmed en bloc are as follows: Security and Governmental Affairs be NOMINATIONS COMMITTEE ON BANKING, HOUSING, AND URBAN authorized to meet during the session AFFAIRS of the Senate on October 28, 2009, at IN THE DEPARTMENT OF DEFENSE Ms. STABENOW. Mr. President, I ask 2:30 p.m. to conduct a hearing entitled, Gladys Commons, of Virginia, to be an As- unanimous consent that the Com- ‘‘Achieving the President’s Objectives: sistant Secretary of the Navy. mittee on Banking, Housing, and Christine H. Fox, of Virginia, to be Direc- New OMB Guidance to Combat Waste, Urban Affairs be authorized to meet tor of Cost Assessment and Program Evalua- Inefficiency, and Misuse in Federal during the session of the Senate on Oc- tion, Department of Defense. Government Contracting.’’ tober 28, 2009, at 9:30 a.m., to conduct a IN THE AIR FORCE The PRESIDING OFFICER. Without hearing entitled ‘‘Dark Pools, Flash The following named officer for appoint- objection, it is so ordered. Orders, High Frequency Trading, and ment in the United States Air Force to the Other Market Structure Issues.’’ SPECIAL COMMITTEE ON AGING grade indicated while assigned to a position The PRESIDING OFFICER. Without Ms. STABENOW. Mr. President, I ask of importance and responsibility under title objection, it is so ordered. unanimous consent that the Special 10, U.S.C., section 601: COMMITTEE ON COMMERCE, SCIENCE, AND Committee on Aging be authorized to To be general TRANSPORTATION meet during the session of the Senate Lt. Gen. Mark A. Welsh, III Ms. STABENOW. Mr. President, I ask on October 28, 2009, from 2–4:30 p.m. in IN THE ARMY unanimous consent that the Com- room 562 of the Dirksen Senate Office The following named officers for appoint- mittee on Commerce, Science, and Building. ment to the grade indicated in the United Transportation be authorized to meet The PRESIDING OFFICER. Without States Army under title 10, U.S.C., section during the session of the Senate on Oc- objection, it is so ordered. 624: tober 28, 2009, at 2:30 p.m. in room 253 of SUBCOMMITTEE ON NATIONAL PARKS To be brigadier general the Russell Senate Office Building. Ms. STABENOW. Mr. President, I ask Colonel Kelly J. Thomas The PRESIDING OFFICER. Without unanimous consent that the Sub- The following named officer for appoint- objection, it is so ordered. committee on National Parks be au- ment in the Reserve of the Army to the

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grade indicated under title 10, U.S.C., section The following named officers for appoint- IN THE COAST GUARD 12203: ment in the United States Coast Guard to PN889 COAST GUARD nomination of To be brigadier general the grade indicated under title 14, U.S.C., Thomas J. Riley, which was received by the Col. David L. Weeks section 271: Senate and appeared in the Congressional The following named officer for appoint- To be rear admiral (lower half) Record of August 6, 2009. ment in the United States Army to the grade Captain Daniel B. Abel PN890 COAST GUARD nomination of indicated while assigned to a position of im- Captain Vincent B. Atkins Shadrack L. Scheirman, which was received portance and responsibility under title 10, Captain Stephen E. Mehling by the Senate and appeared in the Congres- U.S.C., section 601: Captain Karl L. Schultz sional Record of August 6, 2009. PN891 COAST GUARD nomination of Chad To be lieutenant general Captain Sandra L. Stosz Captain Cari B. Thomas R. Harvey, which was received by the Senate Lt. Gen. William B. Caldwell, IV Captain Christopher J. Tomney and appeared in the Congressional Record of The following named officer for appoint- August 6, 2009. IN THE AIR FORCE ment in the United States Army to the grade PN892 COAST GUARD nomination of indicated while assigned to a position of im- PN981 AIR FORCE nominations (51) begin- Michele L. Schallip, which was received by portance and responsibility under title 10, ning ROBERT B. O. ALLEN, and ending TED the Senate and appeared in the Congres- U.S.C., section 601: K. WINRIGHT, which nominations were re- sional Record of August 6, 2009. To be lieutenant general ceived by the Senate and appeared in the PN977 COAST GUARD nominations (9) be- Congressional Record of September 21, 2009. Maj. Gen. Keith M. Huber ginning Edgars Auzenbergs, and ending Mi- PN1099 AIR FORCE nomination of Chris- chael F. Wilson, which nominations were re- The following named officers for appoint- topher J. Ogrady, which was received by the ceived by the Senate and appeared in the ment in the United States Army to the grade Senate and appeared in the Congressional Congressional Record of September 21, 2009. indicated under title 10, U.S.C., section 624: Record of October 15, 2009. PN978 COAST GUARD nominations (4) be- To be major general PN1100 AIR FORCE nomination of Michael ginning Melinda D. Mcgurer, and ending Brigadier General Joseph J. Anderson R. Spencer, which was received by the Sen- Royce W. James, which nominations were re- Brigadier General Mark S. Bowman ate and appeared in the Congressional ceived by the Senate and appeared in the Brigadier General Robert B. Brown Record of October 15, 2009. Congressional Record of September 21, 2009. Brigadier General Edward C. Cardon PN1101 AIR FORCE nominations (4) begin- PN979 COAST GUARD nominations (64) be- Brigadier General Walter L. Davis ning SCOTT A. PAFFENROTH, and ending ginning Nicholas A. Bartolotta, and ending Brigadier General Genaro J. Dellarocco ROBERT M. TAYLOR, which nominations Jerald L. Woloszynski, which nominations Brigadier General William F. Grimsley were received by the Senate and appeared in were received by the Senate and appeared in Brigadier General Michael T. Harrison, Sr. the Congressional Record of October 15, 2009. the Congressional Record of September 21, PN1102 AIR FORCE nominations (4) begin- Brigadier General David R. Hogg 2009. ning MISAEL C. ALONSO, and ending DER- Brigadier General Karl R. Horst PN1035 COAST GUARD nominations (114) RICK B. WILLSEY, which nominations were Brigadier General Reuben D. Jones beginning Ladonn A. Allen, and ending received by the Senate and appeared in the Brigadier General Brian A. Keller James A. Williamson, which nominations Congressional Record of October 15, 2009. Brigadier General Stephen R. Lanza were received by the Senate and appeared in PN1103 AIR FORCE nominations (6) begin- Brigadier General Michael S. Linnington the Congressional Record of September 30, ning DANA J. ALBALATE, and ending LUZ Brigadier General Francis G. Mahon 2009. E. RODRIGUEZ, which nominations were re- Brigadier General Joseph E. Martz PN1095 COAST GUARD nominations (256) ceived by the Senate and appeared in the Brigadier General William C. Mayville, Jr. beginning Jennifer L. Adams, and ending Congressional Record of October 15, 2009. Brigadier General James C. McConville Bradford W. Youngkin, which nominations Brigadier General James M. McDonald IN THE ARMY were received by the Senate and appeared in Brigadier General Phillip E. McGhee PN366 ARMY nomination of Charles T. the Congressional Record of October 15, 2009. Brigadier General Patricia E. McQuistion Kirchmaier, which was received by the Sen- IN THE MARINE CORPS ate and appeared in the Congressional Brigadier General William N. Phillips PN987 MARINE CORPS nomination of Record of April 23, 2009. Brigadier General Dana J. H. Pittard Bradley L. Lowe, which was received by the PN984 ARMY nomination of Bruce P. Brigadier General David E. Quantock Senate and appeared in the Congressional Crandall, which was received by the Senate Brigadier General Michael S. Repass Record of September 21, 2009. Brigadier General Todd T. Semonite and appeared in the Congressional Record of IN THE NAVY Brigadier General Thomas W. Spoehr September 21, 2009. Brigadier General Kurt J. Stein PN985 ARMY nominations (5) beginning PN988 NAVY nomination of Daniel A. Brigadier General Michael J. Terry KENNETH E. DUVALL, and ending RAN- Freilich, which was received by the Senate Brigadier General Simeon G. Trombitas DALL M. ZEEGERS, which nominations and appeared in the Congressional Record of Brigadier General Keith C. Walker were received by the Senate and appeared in September 21, 2009. Brigadier General Perry L. Wiggins the Congressional Record of September 21, PN989 NAVY nominations (5) beginning 2009. ROBERT R. LIU, and ending NATASHA L. IN THE NAVY PN986 ARMY nominations (11) beginning FLEMENS, which nominations were received The following named officer for appoint- JENNIFER E. CHOATE, and ending ROD- by the Senate and appeared in the Congres- ment in the United Sates Navy to the grade NEY E. RUDOLPH, which nominations were sional Record of September 21, 2009. indicated while assigned to a position of im- received by the Senate and appeared in the PN990 NAVY nominations (11) beginning portance and responsibility under title 10, Congressional Record of September 21, 2009. IRWIN ELSTEIN, and ending DOUGLAS A. U.S.C., section 601: PN1039 ARMY nominations (11) beginning TOMLINSON, which nominations were re- To be vice admiral LEAR E. DUTTON, and ending MARCUS C. ceived by the Senate and appeared in the Vice Adm. David J. Dorsett WHITE, which nominations were received by Congressional Record of September 21, 2009. The following named officer for appoint- the Senate and appeared in the Congres- PN991 NAVY nominations (7) beginning ment in the United States Navy to the grade sional Record of September 30, 2009. RUSSELL P. BATES, and ending TIMOTHY indicated while assigned to a position of im- PN1040 ARMY nominations (19) beginning G. NASELLO, which nominations were re- portance and responsibility under title 10, DANIEL T. AMES, and ending THOMAS B. ceived by the Senate and appeared in the U.S.C., section 601: WHEATLEY, which nominations were re- Congressional Record of September 21, 2009. To be vice admiral ceived by the Senate and appeared in the PN992 NAVY nominations (58) beginning Congressional Record of September 30, 2009. OSCAR D. ANTILLON, and ending MAT- Vice Adm. Robert S. Harward, Jr. PN1104 ARMY nominations (2) beginning THEW T. WILLIAMS, which nominations The following named officer for appoint- KENNETH E. LAWSON, and ending were received by the Senate and appeared in ment in the United States Navy to the grade KRISTINA D. MOELLER, which nomina- the Congressional Record of September 21, indicated while assigned to a position of im- tions were received by the Senate and ap- 2009. portance and responsibility under title 10, peared in the Congressional Record of Octo- PN993 NAVY nominations (55) beginning U.S.C., section 601: ber 15, 2009. DOYLE S. ADAMS, and ending EUGENE To be vice admiral PN1105 ARMY nominations (5) beginning WOZNIAK, which nominations were received Vice Adm. Harry B. Harris, Jr. LAWRENCE C. DENNIS, and ending JOHN by the Senate and appeared in the Congres- H. TATUM, which nominations were received IN THE COAST GUARD sional Record of September 21, 2009. by the Senate and appeared in the Congres- PN994 NAVY nominations (30) beginning The following named officer for appoint- sional Record of October 15, 2009. RYAN M. ANDERSON, and ending BRENT E. ment in the United States Coast Guard Re- PN1106 ARMY nominations (13) beginning TROYAN, which nominations were received serve to the grade indicated under title 10, BARRY R. BARON, and ending ISTVAN by the Senate and appeared in the Congres- U.S.C., section 12203: SZASZ JR., which nominations were re- sional Record of September 21, 2009. To be rear admiral (lower half) ceived by the Senate and appeared in the PN995 NAVY nominations (90) beginning Capt. John S. Welch Congressional Record of October 15, 2009. RUBEN A. ALCOCER, and ending MICHAEL

VerDate Nov 24 2008 02:57 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.010 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10865 P. YUNKER, which nominations were re- is the 8th-largest airport in the United The preamble was agreed to. ceived by the Senate and appeared in the States and the 16th-largest in the world for The resolution, with its preamble, Congressional Record of September 21, 2009. total passengers served; reads as follows: PN996 NAVY nominations (87) beginning Whereas more than 700,000,000 people have S. RES. 327 ANACLATO B. ANCHETA JR., and ending passed through IAH’s gates since its opening; LAWRENCE S. ZOBACK, which nominations Whereas IAH has grown to become a world- Whereas the President has designated Oc- were received by the Senate and appeared in class international gateway offering service tober 2009 as ‘‘National Domestic Violence the Congressional Record of September 21, to more than 109 domestic and 65 nonstop Awareness Month’’; 2009. international destinations in over 32 coun- Whereas domestic violence affects people PN997 NAVY nominations (136) beginning tries; of all ages as well as racial, ethnic, gender, OSMEL ALFONSO, and ending MARJORIE Whereas in 1990, the city of Houston named economic, and religious backgrounds; A. WYTZKA, which nominations were re- the IAH international arrivals building, now Whereas females are disproportionately ceived by the Senate and appeared in the the IAH Terminal D, in honor of the distin- victims of domestic violence, and 1 in 4 Congressional Record of September 21, 2009. guished Congressman for the 18th District of women will experience domestic violence at PN998 NAVY nominations (28) beginning Texas, George Thomas ‘‘Mickey’’ Leland, a some point in her life; WILLIAM M. ANDERSON, and ending JEF- renowned antipoverty activist who died trag- Whereas on average, more than 3 women FREY R. WESSEL, which nominations were ically in 1989 while on a humanitarian visit are murdered by their husbands or boy- received by the Senate and appeared in the to Ethiopia; friends in the United States every day; Congressional Record of September 21, 2009. Whereas IAH operates the largest pas- Whereas in 2005, 1,181 women were mur- dered by an intimate partner constituting 78 PN999 NAVY nominations (201) beginning senger international arrivals facility in the percent of all intimate partner homicides PAUL J. ALEA, and ending GEOFFREY W. Nation and was selected by the Department that year; WILSON, which nominations were received of State and the Department of Homeland Whereas women ages 16 to 24 experience by the Senate and appeared in the Congres- Security as the first ‘‘Model Port’’ for its ef- the highest rates, per capita, of intimate sional Record of September 21, 2009. ficiency in welcoming international pas- partner violence; PN1107 NAVY nomination of Raul L. sengers arriving in the United States; Whereas 1 out of 3 Native American women Barrientos, which was received by the Sen- Whereas IAH is a regional and world leader will be raped and 6 out of 10 will be phys- ate and appeared in the Congressional in air cargo processing, consolidation, and ically assaulted in their lifetimes; Record of October 15, 2009. distribution; PN1108 NAVY nominations (4) beginning Whereas the cost of intimate partner vio- Whereas IAH is a critical component of the lence exceeds $5,800,000,000 each year, RICARDO B. EUSEBIO, and ending DAVID Houston economy, supporting more than L. WILKEY, which nominations were re- $4,100,000 of which is for direct medical and 151,000 jobs and contributing over mental health care services; ceived by the Senate and appeared in the $24,000,000,000 in economic benefits to the Whereas 1⁄4 to 1⁄2 of domestic violence vic- Congressional Record of October 15, 2009. Houston region; and tims report that they have lost a job due, at f Whereas IAH serves 30 airlines and is the least in part, to domestic violence; headquarters and major hub for award-win- LEGISLATIVE SESSION Whereas the annual cost of lost produc- ning Continental Airlines, which is cele- tivity due to domestic violence is estimated The PRESIDING OFFICER. The Sen- brating its 75th anniversary in 2009: Now, at $727,800,000 with over 7,900,000 paid work- ate will now return to legislative ses- therefore, be it days lost per year; Resolved, by the Senate, That the Senate— sion. Whereas some landlords deny housing to (1) recognizes the 40th anniversary of the victims of domestic violence who have pro- f founding of the George Bush Interconti- tection orders or evict victims of domestic nental Airport; and RECOGNIZING THE 40TH ANNIVER- violence for seeking help after a domestic vi- (2) congratulates officials of the George SARY OF THE GEORGE BUSH olence incident, such as by calling 911, or Bush Intercontinental Airport, the Houston who have other indications that they are do- INTERCONTINENTAL AIRPORT Airport System, and the city of Houston, mestic violence victims; Texas, for the airport’s record of excellent Mr. WHITEHOUSE. Mr. President, I Whereas 92 percent of homeless women ex- service to the citizens of Houston and the na- ask unanimous consent that the Sen- perience severe physical or sexual abuse at tional air transportation system. ate now proceed to the consideration of some point in their lifetimes; S. Res. 326, which was submitted ear- f Whereas approximately 40 to 60 percent of lier today. SUPPORTING THE GOALS OF THE men who abuse women also abuse children; The PRESIDING OFFICER. The NATIONAL DOMESTIC VIOLENCE Whereas approximately 15,500,000 children are exposed to domestic violence every year; clerk will report the title of the resolu- AWARENESS MONTH 2009 tion. Whereas children exposed to domestic vio- Mr. WHITEHOUSE. Mr. President, I lence are more likely to attempt suicide, The bill clerk read as follows: ask unanimous consent that the Sen- abuse drugs and alcohol, run away from A resolution (S. Res. 326) recognizing the ate proceed to the immediate consider- home, and engage in teenage prostitution; 40th anniversary of the George Bush Inter- Whereas one large study found that men continental Airport in Houston, Texas. ation of S. Res. 327, which was sub- mitted earlier today. exposed to physical abuse, sexual abuse, and There being no objection, the Senate The PRESIDING OFFICER. The adult domestic violence as children were al- proceeded to consider the resolution. most 4 times more likely than other men to clerk will report the resolution by have perpetrated domestic violence as Mr. WHITEHOUSE. Mr. President, I title. ask unanimous consent that the reso- adults; The bill clerk read as follows: Whereas nearly 1,500,000 high school stu- lution be agreed to, the preamble be A resolution (S. Res. 327) supporting the dents nationwide experienced physical abuse agreed to, and the motions to recon- goals and ideals of National Domestic Vio- from a dating partner in a single year; sider be laid upon the table. lence Awareness Month 2009 and expressing Whereas 13 percent of teenage girls who The PRESIDING OFFICER. Without the sense of the Senate that Congress should have been in a relationship report being hit objection, it is so ordered. continue to raise awareness of domestic vio- or hurt by their partners and 1 in 4 teenage The resolution (S. Res. 326) was lence in the United States and its dev- girls has been in a relationship in which she agreed to. astating effects on families and commu- was pressured by her partner into performing nities, and support programs designed to end sexual acts; The preamble was agreed to. domestic violence. The resolution, with its preamble, Whereas adolescent girls who reported dat- There being no objection, the Senate reads as follows: ing violence were 60 percent more likely to proceeded to consider the resolution. report one or more suicide attempts in the S. RES. 326 Mr. WHITEHOUSE. Mr. President, I past year; Whereas the George Bush Intercontinental ask unanimous consent that the reso- Whereas there is a need for middle schools, Airport in the City of Houston, Texas (re- lution be agreed to, the preamble be secondary schools, and post-secondary ferred to in this resolution as ‘‘IAH’’), was agreed to, the motions to reconsider be schools to educate students about the issues first opened for operation on June 8, 1969; laid upon the table, with no inter- of domestic violence, sexual assault, dating Whereas in 1997, IAH was named in honor violence, and stalking; of the Nation’s 41st President, George Her- vening action or debate, and that any Whereas 88 percent of men in a national bert Walker Bush, a longtime resident of statements related to the resolution be poll reported that they think that our soci- Houston who, as a member of the Houston printed in the RECORD. ety should do more to respect women and congressional delegation, was present at the The PRESIDING OFFICER. Without girls; 1969 opening of the airport; objection, it is so ordered. Whereas a recently released multi-State Whereas IAH is the largest airport in Hous- The resolution (S. Res. 327) was study shows conclusively that the Nation’s ton, serving over 43,000,000 passengers in 2008, agreed to. domestic violence shelters are addressing

VerDate Nov 24 2008 02:57 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A28OC6.013 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE S10866 CONGRESSIONAL RECORD — SENATE October 28, 2009 victims’ urgent and long-term needs and are time for the two leaders be reserved for PAUL D. BLIESE KARL C. BOLTON helping victims protect themselves and their their use later in the day, and the Sen- MARK W. BOWER children; ate proceed to a period for the trans- JOHN D. BUTLER Whereas a 2008 National Census Survey re- NOEL J. CARDENAS action of morning business, with Sen- SCOTT A. CARPENTER ported that 60,799 adults and children were ators permitted to speak for up to 10 THOMAS C. DELK served by domestic violence shelters and pro- RICK G. DICKINSON grams around the Nation in a single day; minutes each, with the Republicans RAYMOND S. DINGLE controlling the first hour and the ma- WILLIAM S. DRENNON Whereas those same understaffed programs EMERY B. FEHL were unable to meet 8,927 requests for help jority controlling the second hour; fur- CHERYL L. FILBY that day; ther, that any time during morning JONATHAN C. FRISTOE WILLIAM T. GOFORTH Whereas there is a need to increase funding business, adjournment or recess of the WENDY L. HARTER for programs aimed at intervening and pre- Senate count postcloture. EVELYN JACKSON venting domestic violence in the United The PRESIDING OFFICER. Without RONALD L. KROGH States; and JOHN P. LAMOUREUX objection, it is so ordered. ALEJANDRO LOPEZDUKE Whereas individuals and organizations that TIMOTHY P. LYONS are dedicated to preventing and ending do- f MATTHEW E. MATTNER REBECCA I. PORTER mestic violence should be recognized: Now, ADJOURNMENT UNTIL 9:30 A.M. DAVID G. RICHARDSON therefore, be it TOMORROW CAROL Z. RYMER Resolved, That the Senate— JOHN A. SMITH Mr. WHITEHOUSE. Mr. President, if ANDREA M. STAHL (1) supports the goals and ideals of Na- KEVIN J. STEVENS tional Domestic Violence Awareness Month there is no further business to come be- RANDY STORY 2009; and fore the Senate, I ask unanimous con- SCOTT A. SVABEK MICHAEL A. SWALKO (2) expresses the sense of the Senate that sent that it adjourn under the previous MICHAEL J. TALLEY Congress should continue to raise awareness order. JERRY S. THOMAS of domestic violence in the United States There being no objection, the Senate, STEVEN A. TOFT and its devastating effects on families and VICKIE L. TUTEN at 8:06 p.m., adjourned until Thursday, ROBERT L. VONTERSCH communities, and support programs designed SHANDA M. ZUGNER October 29, 2009, at 9:30 a.m. to end domestic violence. f f f CONFIRMATIONS NOMINATIONS MEASURES READ THE FIRST Executive nominations confirmed by Executive nominations received by TIME—H.R. 3617 AND S. 1963 the Senate, Wednesday, October 28, the Senate: 2009: Mr. WHITEHOUSE. Mr. President, I EXECUTIVE OFFICE OF THE PRESIDENT understand there are two bills at the DEPARTMENT OF DEFENSE PHILIP E. COYLE, III, OF CALIFORNIA, TO BE AN ASSO- desk, and I ask for their first reading CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- GLADYS COMMONS, OF VIRGINIA, TO BE AN ASSISTANT NOLOGY POLICY, VICE ROSINA M. BIERBAUM. SECRETARY OF THE NAVY. en bloc. CHRISTINE H. FOX, OF VIRGINIA, TO BE DIRECTOR OF The PRESIDING OFFICER. The SELECTIVE SERVICE SYSTEM COST ASSESSMENT AND PROGRAM EVALUATION, DE- PARTMENT OF DEFENSE. clerk will state the bills by title. LAWRENCE G. ROMO, OF TEXAS, TO BE DIRECTOR OF THE SELECTIVE SERVICE, VICE WILLIAM A. CHATFIELD, IN THE COAST GUARD The bill clerk read as follows: RESIGNED. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT A bill (H.R. 3617) to provide an extension of IN THE ARMY IN THE UNITED STATES COAST GUARD RESERVE TO THE Federal-aid highway, highway safety, motor THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT GRADE INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: carrier safety, transit, and other programs TO THE GRADE INDICATED IN THE UNITED STATES ARMY To be rear admiral (lower half) funded out of the Highway Trust Fund pend- MEDICAL SPECIALIST CORPS UNDER TITLE 10, U.S.C., ing enactment of a multiyear law reauthor- SECTIONS 624 AND 3064: CAPT. JOHN S. WELCH izing such programs. To be colonel THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES COAST GUARD TO THE GRADE IN- A bill (S. 1963) to amend title 38, United ANULI L. ANYACHEBELU DICATED UNDER TITLE 14, U.S.C., SECTION 271: States Code, to provide assistance to care- MYRNA C. CALLISON DANNY B. JAGHAB To be rear admiral (lower half) givers of veterans, to improve the provision JOHN M. STANG of health care to veterans, and for other pur- CAPTAIN DANIEL B. ABEL THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CAPTAIN VINCENT B. ATKINS poses. TO THE GRADE INDICATED IN THE UNITED STATES ARMY CAPTAIN STEPHEN E. MEHLING Mr. WHITEHOUSE. Mr. President, I VETERINARY CORPS UNDER TITLE 10, U.S.C., SECTIONS CAPTAIN KARL L. SCHULTZ 624 AND 3064: CAPTAIN SANDRA L. STOSZ ask for a second reading en bloc and To be colonel CAPTAIN CARI B. THOMAS object to my own request. CAPTAIN CHRISTOPHER J. TOMNEY The PRESIDING OFFICER. Objec- ANTHONY C. BOSTICK THE ABOVE NOMINATIONS WERE APPROVED SUBJECT BRIAN J. GENTILE TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- tion is heard. The bills will receive CHRIS E. HANSON QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ANNETTE K. HILDABRAND CONSTITUTED COMMITTEE OF THE SENATE. their second reading on the next legis- KELLY A. MANN lative day. JAMES T. SHEETS IN THE AIR FORCE JOSEPH G. WILLIAMSON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT f THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- TO THE GRADE INDICATED IN THE UNITED STATES ARMY CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE APPOINTMENT NURSE CORPS UNDER TITLE 10, U.S.C., SECTIONS 624 AND AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: The PRESIDING OFFICER. The 3064: To be colonel To be general Chair, on behalf of the President of the Senate, and after consultation with the RISA D. BATOR LT. GEN. MARK A. WELSH III MONA O. BINGHAM IN THE ARMY Republican leader, pursuant to Public ANN M. BLUNT Law 106–286, appoints the following TRACI E. CRAWFORD THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MARGARET A. DIXON TO THE GRADE INDICATED IN THE UNITED STATES ARMY Member to serve on the Congressional- RICHARD L. EVANS, JR. UNDER TITLE 10, U.S.C., SECTION 624: KEVIN T. GALLOWAY Executive Commission on the People’s LENA F. GAUDREAU To be brigadier general Republic of China: The Honorable STEPHEN K. HALL COLONEL KELLY J. THOMAS RICHARDSON D. JAMES GEORGE LEMIEUX of Florida. GARY M. LANG THE FOLLOWING NAMED OFFICER FOR APPOINTMENT GLENDA J. LOCK IN THE RESERVE OF THE ARMY TO THE GRADE INDI- f WILLIAM J. MORAN, JR. CATED UNDER TITLE 10, U.S.C., SECTION 12203: MARIE C. MORENCY ORDERS FOR THURSDAY, OCTOBER JOHN A. NERGES To be brigadier general 29, 2009 JENNIFER L. PETERSEN COL. DAVID L. WEEKS SHELLEY A. RICE Mr. WHITEHOUSE. Mr. President, I KIMBERLY A. SMITH THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ORTIZ S. TILLMAN IN THE UNITED STATES ARMY TO THE GRADE INDICATED ask unanimous consent that when the STEPHANIE C. WILCHER WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Senate completes its business today, it THOMAS R. YARBER RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: adjourn until 9:30 a.m. tomorrow, THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT To be lieutenant general TO THE GRADE INDICATED IN THE UNITED STATES ARMY LT. GEN. WILLIAM B. CALDWELL IV Thursday, October 29; that following MEDICAL SERVICE CORPS UNDER TITLE 10, U.S.C., SEC- the prayer and pledge, the Journal of TIONS 624 AND 3064: THE FOLLOWING NAMED OFFICER FOR APPOINTMENT proceedings be approved to date, the To be colonel IN THE UNITED STATES ARMY TO THE GRADE INDICATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND morning hour be deemed expired, the JAMES R. ANDREWS RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601:

VerDate Nov 24 2008 02:57 Oct 29, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 0624 Sfmt 9801 E:\CR\FM\A28OC6.014 S28OCPT1 jbell on DSKDVH8Z91PROD with SENATE October 28, 2009 CONGRESSIONAL RECORD — SENATE S10867 To be lieutenant general AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE TOBER 15, 2009. AND APPEARED IN THE CONGRESSIONAL RECORD ON MAJ. GEN. KEITH M. HUBER AIR FORCE NOMINATIONS BEGINNING WITH MISAEL C. SEPTEMBER 30, 2009. ALONSO AND ENDING WITH DERRICK B. WILLSEY, WHICH COAST GUARD NOMINATIONS BEGINNING WITH JEN- THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NIFER L. ADAMS AND ENDING WITH BRADFORD W. IN THE UNITED STATES ARMY TO THE GRADE INDICATED PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER YOUNGKIN, WHICH NOMINATIONS WERE RECEIVED BY UNDER TITLE 10, U.S.C., SECTION 624: 15, 2009. THE SENATE AND APPEARED IN THE CONGRESSIONAL To be major general AIR FORCE NOMINATIONS BEGINNING WITH DANA J. RECORD ON OCTOBER 15, 2009. ALBALATE AND ENDING WITH LUZ E. RODRIGUEZ, WHICH BRIGADIER GENERAL JOSEPH J. ANDERSON NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE MARINE CORPS BRIGADIER GENERAL MARK S. BOWMAN PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER BRIGADIER GENERAL ROBERT B. BROWN 15, 2009. MARINE CORPS NOMINATION OF BRADLEY L. LOWE, TO BRIGADIER GENERAL EDWARD C. CARDON IN THE ARMY BE COLONEL. BRIGADIER GENERAL WALTER L. DAVIS BRIGADIER GENERAL GENARO J. DELLAROCCO ARMY NOMINATION OF CHARLES T. KIRCHMAIER, TO IN THE NAVY BRIGADIER GENERAL WILLIAM F. GRIMSLEY BE LIEUTENANT COLONEL. BRIGADIER GENERAL MICHAEL T. HARRISON, SR. ARMY NOMINATION OF BRUCE P. CRANDALL, TO BE NAVY NOMINATION OF DANIEL A. FREILICH, TO BE CAP- BRIGADIER GENERAL DAVID R. HOGG COLONEL. TAIN. BRIGADIER GENERAL KARL R. HORST ARMY NOMINATIONS BEGINNING WITH KENNETH E. NAVY NOMINATIONS BEGINNING WITH ROBERT R. LIU BRIGADIER GENERAL REUBEN D. JONES DUVALL AND ENDING WITH RANDALL M. ZEEGERS, AND ENDING WITH NATASHA L. FLEMENS, WHICH NOMI- BRIGADIER GENERAL BRIAN A. KELLER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL STEPHEN R. LANZA AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIGADIER GENERAL MICHAEL S. LINNINGTON SEPTEMBER 21, 2009. TEMBER 21, 2009. BRIGADIER GENERAL FRANCIS G. MAHON ARMY NOMINATIONS BEGINNING WITH JENNIFER E. NAVY NOMINATIONS BEGINNING WITH IRWIN ELSTEIN BRIGADIER GENERAL JOSEPH E. MARTZ CHOATE AND ENDING WITH RODNEY E. RUDOLPH, WHICH AND ENDING WITH DOUGLAS A. TOMLINSON, WHICH BRIGADIER GENERAL WILLIAM C. MAYVILLE, JR. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL JAMES C. MCCONVILLE PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIGADIER GENERAL JAMES M. MCDONALD TEMBER 21, 2009. TEMBER 21, 2009. BRIGADIER GENERAL PHILLIP E. MCGHEE ARMY NOMINATIONS BEGINNING WITH LEAR E. NAVY NOMINATIONS BEGINNING WITH RUSSELL P. BRIGADIER GENERAL PATRICIA E. MCQUISTION DUTTON AND ENDING WITH MARCUS C. WHITE, WHICH BATES AND ENDING WITH TIMOTHY G. NASELLO, WHICH BRIGADIER GENERAL WILLIAM N. PHILLIPS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- BRIGADIER GENERAL DANA J. H. PITTARD PEARED IN THE CONGRESSIONAL RECORD ON SEP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- BRIGADIER GENERAL DAVID E. QUANTOCK TEMBER 30, 2009. TEMBER 21, 2009. BRIGADIER GENERAL MICHAEL S. REPASS ARMY NOMINATIONS BEGINNING WITH DANIEL T. AMES NAVY NOMINATIONS BEGINNING WITH OSCAR D. BRIGADIER GENERAL TODD T. SEMONITE AND ENDING WITH THOMAS B. WHEATLEY, WHICH NOMI- ANTILLON AND ENDING WITH MATTHEW T. WILLIAMS, BRIGADIER GENERAL THOMAS W. SPOEHR NATIONS WERE RECEIVED BY THE SENATE AND AP- WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BRIGADIER GENERAL KURT J. STEIN PEARED IN THE CONGRESSIONAL RECORD ON SEP- AND APPEARED IN THE CONGRESSIONAL RECORD ON BRIGADIER GENERAL MICHAEL J. TERRY TEMBER 30, 2009. SEPTEMBER 21, 2009. BRIGADIER GENERAL SIMEON G. TROMBITAS ARMY NOMINATIONS BEGINNING WITH KENNETH E. NAVY NOMINATIONS BEGINNING WITH DOYLE S. BRIGADIER GENERAL KEITH C. WALKER LAWSON AND ENDING WITH KRISTINA D. MOELLER, ADAMS AND ENDING WITH EUGENE WOZNIAK, WHICH BRIGADIER GENERAL PERRY L. WIGGINS WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND APPEARED IN THE CONGRESSIONAL RECORD ON OC- IN THE NAVY PEARED IN THE CONGRESSIONAL RECORD ON SEP- TOBER 15, 2009. TEMBER 21, 2009. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ARMY NOMINATIONS BEGINNING WITH LAWRENCE C. NAVY NOMINATIONS BEGINNING WITH RYAN M. ANDER- IN THE UNITED STATES NAVY TO THE GRADE INDICATED DENNIS AND ENDING WITH JOHN H. TATUM, WHICH NOMI- SON AND ENDING WITH BRENT E. TROYAN, WHICH NOMI- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATIONS WERE RECEIVED BY THE SENATE AND AP- NATIONS WERE RECEIVED BY THE SENATE AND AP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER PEARED IN THE CONGRESSIONAL RECORD ON SEP- 15, 2009. TEMBER 21, 2009. To be vice admiral ARMY NOMINATIONS BEGINNING WITH BARRY R. NAVY NOMINATIONS BEGINNING WITH RUBEN A. BARON AND ENDING WITH ISTVAN SZASZ, JR., WHICH VICE ADM. DAVID J. DORSETT ALCOCER AND ENDING WITH MICHAEL P. YUNKER, WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER PEARED IN THE CONGRESSIONAL RECORD ON SEP- IN THE UNITED STATES NAVY TO THE GRADE INDICATED 15, 2009. TEMBER 21, 2009. WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND IN THE COAST GUARD NAVY NOMINATIONS BEGINNING WITH ANACLATO B. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: ANCHETA, JR. AND ENDING WITH LAWRENCE S. ZOBACK, To be vice admiral COAST GUARD NOMINATION OF THOMAS J. RILEY, TO WHICH NOMINATIONS WERE RECEIVED BY THE SENATE BE LIEUTENANT. AND APPEARED IN THE CONGRESSIONAL RECORD ON VICE ADM. ROBERT S. HARWARD, JR. COAST GUARD NOMINATION OF SHADRACK L. SEPTEMBER 21, 2009. SCHEIRMAN, TO BE LIEUTENANT. NAVY NOMINATIONS BEGINNING WITH OSMEL ALFONSO THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COAST GUARD NOMINATION OF CHAD R. HARVEY, TO BE AND ENDING WITH MARJORIE A. WYTZKA, WHICH NOMI- IN THE UNITED STATES NAVY TO THE GRADE INDICATED LIEUTENANT. NATIONS WERE RECEIVED BY THE SENATE AND AP- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND COAST GUARD NOMINATION OF MICHELE L. SCHALLIP, PEARED IN THE CONGRESSIONAL RECORD ON SEP- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: TO BE LIEUTENANT. TEMBER 21, 2009. To be vice admiral COAST GUARD NOMINATIONS BEGINNING WITH EDGARS NAVY NOMINATIONS BEGINNING WITH WILLIAM M. AN- AUZENBERGS AND ENDING WITH MICHAEL F. WILSON, DERSON AND ENDING WITH JEFFREY R. WESSEL, WHICH VICE ADM. HARRY B. HARRIS, JR. WHICH NOMINATIONS WERE RECEIVED BY THE SENATE NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- IN THE AIR FORCE AND APPEARED IN THE CONGRESSIONAL RECORD ON PEARED IN THE CONGRESSIONAL RECORD ON SEP- SEPTEMBER 21, 2009. TEMBER 21, 2009. AIR FORCE NOMINATIONS BEGINNING WITH ROBERT B. COAST GUARD NOMINATIONS BEGINNING WITH NAVY NOMINATIONS BEGINNING WITH PAUL J. ALEA O. ALLEN AND ENDING WITH TED K. WINRIGHT, WHICH MELINDA D. MCGURER AND ENDING WITH ROYCE W. AND ENDING WITH GEOFFREY W. WILSON, WHICH NOMI- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- JAMES, WHICH NOMINATIONS WERE RECEIVED BY THE NATIONS WERE RECEIVED BY THE SENATE AND AP- PEARED IN THE CONGRESSIONAL RECORD ON SEP- SENATE AND APPEARED IN THE CONGRESSIONAL PEARED IN THE CONGRESSIONAL RECORD ON SEP- TEMBER 21, 2009. RECORD ON SEPTEMBER 21, 2009. TEMBER 21, 2009. AIR FORCE NOMINATION OF CHRISTOPHER J. OGRADY, COAST GUARD NOMINATIONS BEGINNING WITH NICH- NAVY NOMINATION OF RAUL L. BARRIENTOS, TO BE TO BE LIEUTENANT COLONEL. OLAS A. BARTOLOTTA AND ENDING WITH JERALD L. LIEUTENANT COMMANDER. AIR FORCE NOMINATION OF MICHAEL R. SPENCER, TO WOLOSZYNSKI, WHICH NOMINATIONS WERE RECEIVED NAVY NOMINATIONS BEGINNING WITH RICARDO B. BE LIEUTENANT COLONEL. BY THE SENATE AND APPEARED IN THE CONGRESSIONAL EUSEBIO AND ENDING WITH DAVID L. WILKEY, WHICH AIR FORCE NOMINATIONS BEGINNING WITH SCOTT A. RECORD ON SEPTEMBER 21, 2009. NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- PAFFENROTH AND ENDING WITH ROBERT M. TAYLOR, COAST GUARD NOMINATIONS BEGINNING WITH LADONN PEARED IN THE CONGRESSIONAL RECORD ON OCTOBER WHICH NOMINATIONS WERE RECEIVED BY THE SENATE A. ALLEN AND ENDING WITH JAMES A. WILLIAMSON, 15, 2009.

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