July 16, 2009 CONGRESSIONAL RECORD — SENATE S7591 amendments, and keep the process Crimes and Terrorism Division, Jeffrey orientation, gender, gender identity, or moving forward. At the end of the day, is on the front line in both the war on disability. if we end up emptyhanded, it will be a crime and the war on terror. Hate crimes are serious and well-doc- great loss for America. We will have to At age 36, Jeffrey has already umented problems that remain inad- come back again under even worse cir- achieved distinction for prosecuting a equately prosecuted and recognized. cumstances, where there is a lot more number of important cases. He has be- Current Federal hate crimes law af- suffering and a lot fewer people with come one of the Nation’s preeminent fords important protections against good insurance in America. prosecutors trying suspects in ter- crimes motivated by a person’s race, Mr. President, I yield the floor. rorism cases. In his role as head of the color, religion, or national origin. It f Violent Crimes and Terrorism Division, fails to protect a significant number of Jeffrey has been a leader in investiga- Americans when victims are targeted CONCLUSION OF MORNING tions of terror groups such as al-Qaida, based on their actual or perceived sex- BUSINESS Hamas, and LTTE. His colleagues have ual orientation, gender, gender iden- The PRESIDING OFFICER (Mr. praised him for his roll-up-your- tity, or disability. This legislation will BEGICH). Morning business is closed. sleeves, get-your-hands-dirty philos- expand protection to these groups, en- ophy, and he has traveled to dangerous suring that all Americans are afforded f hot spots in pursuit of evidence. equal protection under the law. NATIONAL DEFENSE AUTHORIZA- One of Jeffrey’s landmark cases was In addition to recognizing and pros- TION ACT FOR FISCAL YEAR 2010 the successful investigation, arrest, ecuting all forms of hate crimes, we The PRESIDING OFFICER. Under and indictment of four suspects who must also provide local law enforce- the previous order, the Senate will re- were charged with plotting to attack ment agencies with the requisite tools sume consideration of S. 1390, which the fuel tanks at JFK Airport. The at- to successfully combat these heinous the clerk will report. tack they had planned was intended to acts. This legislation provides signifi- The assistant legislative clerk read be as devastating as September 11. Jef- cant support to local law enforcement as follows: frey worked closely with the military, agencies across the Nation, including the intelligence community, foreign critical technical, forensic, prosecu- A bill (S. 1390) to authorize appropriations for fiscal year 2010 for military activities of governments, and local law enforce- torial, and other assistance to State, the Department of Defense, for military con- ment agencies in an 18-month-long in- local, and tribal law enforcement offi- struction, and for defense activities of the vestigation. cials for hate crime investigations and Department of Energy, to prescribe military In another high-profile case, he suc- prosecutions. personnel strengths for such fiscal year, and cessfully obtained the convictions of a It is essential that we send the mes- for other purposes. group of conspirators who were at- sage that these crimes will not be con- Pending: tempting to deliver missiles and other doned. When we fail to prosecute vio- Reid (for Leahy) amendment No. 1511, to weapons to the LTTE in Sri Lanka. He lence driven by hatred and protect provide Federal assistance to States, local also worked to put behind bars an Iraqi Americans’ human rights, we risk esca- jurisdictions, and Indian tribes to prosecute translator who stole classified defense lation of such activities. hate crimes. information and passed it to insurgents New York State has recently had nu- Reid (for Kennedy) amendment No. 1539 (to targeting our troops. Jeffrey has pros- merous examples of hate crimes that amendment No. 1511), to require comprehen- ecuted violent street gangs in New would be prosecuted under this legisla- sive study and support for criminal inves- York City as well. tion. Within 3 weeks, three commu- tigations and prosecutions by State and What inspires me most about Jeffrey local law enforcement officials. nities in Queens and Long Island— is that he did not start as a criminal within an hour’s drive—have experi- The PRESIDING OFFICER. The Sen- prosecutor. Before September 11, he enced violent hate crimes targeted at ator from Delaware is recognized. was a corporate lawyer on Wall Street. gay, lesbian, and transgender victims. Mr. KAUFMAN. Mr. President, I ask After that terrible day, Jeffrey was In each instance, the victims were the unanimous consent to speak as in motivated to leave Wall Street and targets of violent attacks while the as- morning business. work in the Federal Government as an sailants communicated homophobic The PRESIDING OFFICER. Without assistant U.S. attorney. When asked slurs. objection, it is so ordered. why he gave up such a lucrative posi- During one of the incidents in IN PRAISE OF JEFFREY KNOX tion on Wall Street for a tough job Queens, a transgender female was bru- Mr. KAUFMAN. Mr. President, last prosecuting terrorists and gang mem- tally attacked while walking to her week, I spoke about the founding gen- bers, Jeffrey said: home. As she walked down her residen- eration of Americans and the legacy If you can put a dangerous individual be- tial block, she was repeatedly taunted they passed down to us of sacrifice and hind bars so that individual will never have by two men who only ended their service above self. These are the values the ability to jeopardize another person’s life taunting with homophobic slurs so that constitute the foundation of our again, then it’s all worth it. they could focus on beating her with a civil service, and it is these values that Jeffrey Knox is just one of many Fed- metal belt buckle. Her anguished cries motivate our Federal employees. It is eral prosecutors and law enforcement for help were met with laughter as the what drives each of them, each day, to officials who risk their lives every day two men removed all of her clothing perform the small miracles that make to keep Americans safe. The sacrifices and left her naked and bleeding in the the American Government work. With- they make all too often go unrecog- middle of the street. out their dedicated efforts and impor- nized. I urge my colleagues to join me Unfortunately, this case was not in- tant contributions, we could not have a in honoring their service and sacrifices, vestigated as a hate crime because cur- government that is responsive and rep- and I join all Americans in thanking rent law does not provide protection resentative. That is the birthright the them for the important contribution for gender identity. This victim, like Founders left for us—that the people they make to our Nation. many others around the Nation, was a should be represented not only by offi- The PRESIDING OFFICER. The Sen- target of violence because of who she cials they have elected but by civil ator from New York is recognized. was. This must end. servants entrusted to carry out the AMENDMENT NO. 1511 In 2007, there were 500 such incidents people’s business. Mrs. GILLIBRAND. Mr. President, I in New York State alone. This is a re- In thinking about these ideas and rise today in support of the Matthew flection of a larger national trend about the Founders, I cannot help but Shepard Hate Crimes Prevention Act of where we see that the number of docu- think of those who risk their safety 2009. I am proud to join Senator KEN- mented hate crimes is on the rise. In working as Federal law enforcement NEDY as an original cosponsor of this 1991, the Federal Bureau of Investiga- officers and prosecutors. One such Fed- important legislation. This legislation tion began collecting hate crimes sta- eral prosecutor is Jeffrey Knox. As an condemns the poisonous message that tistics, and since then the number of assistant U.S. Attorney from the East- some human beings deserve to be vic- reported crimes motivated by sexual ern District of New York’s Violent timized solely based on their sexual orientation has more than tripled.

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.008 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7592 CONGRESSIONAL RECORD — SENATE July 16, 2009 This legislation, which has received The Raptor is equipped with super- of its military resources toward bol- bipartisan support before, is supported cruise engines that are unique because stering its counterinsurgency capabili- by more than 300 civil rights, law en- they do not need to go to after-burner ties. forcement, and civil and religious orga- to achieve supersonic flight. This pro- This is a fair point. Unwisely, the nizations in addition to the vast major- vides the F–22 with a strategic advan- United States did permit its counterin- ity of the American people. It is impor- tage by enabling supersonic speeds to surgency capabilities to atrophy after tant we ensure that all Americans and be maintained for a far greater length the Vietnam war. As events in Iraq and all States are covered under this com- of time. By comparison, all other fight- Afghanistan have shown, we continue prehensive hate crimes legislation. ers require their engines to go to after- to pay dearly for that error. However, There is some concern this bill would burner to achieve supersonic speeds, as we reconstitute our ability to suc- impact the first amendment. It does thus consuming a tremendous amount cessful prosecute counterinsurgency not. The Matthew Shepard Hate Crimes of fuel and greatly limiting their campaigns, we cannot make a similar Prevention Act of 2009 covers only vio- range. mistake and undermine one of the fun- lent acts or attempted violent acts The F–22 is the deadliest fighter fly- damental foundations of our military that result in death or bodily injury. It ing today. During a recent military ex- strength: hegemony in the air. does not prohibit or punish speech, ex- ercise in Alaska, the Raptor dispatched Even Defense Secretary Robert Gates pression, or association in any way. 144 adversaries versus the loss of only said this January, ‘‘Our military must Thoughts and speech are explicitly pro- one aircraft. be prepared for a full spectrum of oper- tected in this bill. This bill is not in- Further advantage resides in the F– ations, including the type of combat fringing upon freedom of speech. It is 22’s radar and avionics. When entering we’re facing in Iraq and Afghanistan as about safeguarding Americans’ human hostile airspace, the F–22’s sensor-fused well as large scale threats that we face rights and equal justice. avionics can detect and engage enemy As Dr. Martin Luther King once said, from places like North Korea and aircraft and surface threats far before Iran.’’ I could not agree more, and the ‘‘injustice anywhere is the threat to an enemy can hope to engage the F–22. justice everywhere.’’ aircraft that will enable our Nation to At the same time, its advanced sensors decisively defeat our adversaries in the I strongly believe freedom and equal- enable the F–22 to be a forward-surveil- ity are inalienable American rights and air is the F–22. lance platform capable of gathering Mr. President, others point out the should not be ascribed based on gender crucial intelligence on the enemy. or race, religion or sexual orientation F–22 has not been deployed in support Often overlooked, the F–22 is a very of our operations in Iraq and Afghani- or gender identity. This legislation is capable bomber. It can carry two GPS- an important step toward expanding stan. This is true. However, there were guided, 1,000-pound joint direct attack recent plans to deploy the F–22 to the human dignity and respect for all munition bombs or eight small-diame- Americans. Persian Gulf. But according to the July ter bombers. 9, 2008, edition of the widely respected Mr. President, I suggest the absence Fact No. 2: The F–22 is not a Cold Defense News, the Pentagon overruled of a quorum. War dinosaur. It is designed to meet The PRESIDING OFFICER. The those plans, citing concerns about and eliminate the threats of today and clerk will call the roll. ‘‘strategic dislocation.’’ This means tomorrow. The assistant legislative clerk pro- the F–22 is hardly a dinosaur. It is a As the longest-serving member of the ceeded to call the roll. weapon that can change the balance of Senate Intelligence Committee, I know Mr. HATCH. Mr. President, I ask power in a region and deter our adver- full well the greatest air threat of unanimous consent the order for the saries. quorum call be rescinded. today and tomorrow is, and will con- tinue to be, the advanced integrated Fact No. 3: 187 F–22s is an insufficient The PRESIDING OFFICER. Without number to meet the minimum require- objection, it is so ordered. air defense system. Such a system is composed of two ments of our national military strat- Mr. HATCH. Mr. President, although egy. I have been an active participant in the parts. The first component is advanced Our Nation’s military requirements Judiciary Committee’s Sotomayor con- surface-to-air missile systems such as are decided upon in detailed studies of firmation hearings, I have followed the Russian-made S–300, which has a the threats our Nation and its allies with great interest the floor debate on range of over 100 miles. The second are confront. These studies also rec- continuing the production of the F–22A highly maneuverable and sophisticated ommend force structures to deter and, Raptor. fighters like the Su-30, which have Unfortunately, over the years I have been sold to China and India. Coupled if necessary, defeat threats to our na- heard a number of incorrect assertions together, these anti-access systems tional security. Accordingly, the De- made about this aircraft, and I have make penetrating hostile airspace ex- partment of Defense and the Air Force tried to correct them. But after listen- tremely difficult, if not deadly, for have conducted a number of studies to ing to this week’s debate and reading those aircraft lacking the F–22’s ad- determine how many F–22s are required misleading articles, especially in the vanced stealth technology and sus- to meet our national military strategy. Washington Post, about the F–22’s per- tained supersonic speeds made possible I am unaware of any comprehensive formance and capabilities, I believe the by its supercruise engine. It is also im- study that has concluded F–22 produc- Raptor’s opponents have hit bottom— portant to remember the mainstays of tion should cease at 187 aircraft. Spe- and have begun to dig. our aerial fleet, the F–15, F–16 and F/A– cifically, unclassified excerpts from the Therefore, I would like to set the 18, are not stealth aircraft and are not Air Force’s sustaining air dominance record straight about the F–22 and its equipped with supercruise engines. study stated ‘‘180 F–22s was not extraordinary war-winning capabili- Unfortunately, integrated air defense enough,’’ and the Department of De- ties. systems are relatively inexpensive, fense TACAIR optimization study con- Fact No. 1: The F–22 is, and will con- placing them within the purchasing po- cluded the procurement of additional tinue to be, the preeminent fighter/ tential of nations such as Iran with its Raptors ‘‘was the best option.’’ On bomber for the next 40 years. seeming insistence on developing nu- April 16, these conclusions were rein- The F–22 is the stealthiest aircraft clear weapons. forced by comments made by GEN Nor- flying today. Unlike the F–117 Night- The advanced integrated air defense ton A. Schwartz, the Chief of Staff of hawk and the B–2 bomber the F–22s can system is exactly the threat the F–22 the Air Force, after the F–22 procure- be deployed on stealth flight oper- was designed to neutralize. In addition, ment termination was announced. Gen- ations not just at night, but 24 hours a the F–22 will almost simultaneously be eral Schwartz stated, ‘‘243 [Raptors] is day. This one-of-a-kind capability pro- able to turn its attention to other the military requirement.’’ vides our combatant commanders with ground targets that threaten the na- Opponents of the Raptor will most unprecedented flexibility to engage tional security of the U.S. and our al- likely dispute this, pointing to com- ground and air targets at a time of lies. ments made by General Cartwright their choosing—thus denying any res- In a related argument, some argue during his July 9 testimony before the pite to the enemy. the United States should devote more Senate Armed Services Committee.

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.010 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7593 During his testimony the general stat- is true. But the Post article misses the The PRESIDING OFFICER. The ed the decision to terminate produc- critical point: the F–22 is a stealth air- clerk will call the roll. tion of the F–22 is supported by a craft. Making an aircraft disappear The assistant legislative clerk pro- ‘‘study in the Joint staff that we just from radar is not accomplished ceeded to call the roll. completed and partnered with the Air through magic. It is achieved through Mr. JOHANNS. I ask unanimous con- Force.’’ However, my staff has inquired precise preparation and exacting atten- sent that the order for the quorum call about this study and was informed a tion to detail. be rescinded. recently completed comprehensive, I believe we can all agree it is far bet- The PRESIDING OFFICER. Without analytic study does not exist. ter to expend man hours to prepare an objection, it is so ordered. No doubt, the Joint Staff has pre- airplane that will win wars than to buy Mr. JOHANNS. I ask unanimous con- pared some justification for F–22 ter- replacement aircraft after they have sent to speak for 10 minutes as in mination.Yet I believe it is only nat- been shot down, not to mention the morning business. The PRESIDING OFFICER. Without ural to question the objectivity of any moral cost of not exposing our pilots to objection, it is so ordered. assessment which justifies previously unnecessary dangers. (The remarks of Mr. JOHANNS per- reached decisions. Fact No. 5: The F–22’s detractors taining to the submission of S. Res. 212 Unfortunately, yesterday, my sus- argue erroneously that the Raptor’s are located in today’s RECORD under picions about this so-called analysis role can be filled by the F–35, also were proven correct when Geoffrey ‘‘Submitted Resolutions’’). known as the Joint Strike Fighter. But Mr. JOHANNS. I suggest the absence Morrell, the Pentagon’s press sec- the Raptor and the Joint Strike Fight- of a quorum. retary, stated General Cartwright was er were designed to complement each The PRESIDING OFFICER. The referring to ‘‘not so much a study [as other, not be substituted for each clerk will call the roll. a] work product.’’ other. The F–22 is the NASCAR racer of The bill clerk proceeded to call the Therefore, I believe the Congress this air-dominance team. Fast and un- roll. should place great significance on the seen, the Raptor will punch a hole in Mr. BROWN. Madam President, I ask June 9 letter by GEN John Corley, the an enemy’s defenses, quickly dis- unanimous consent that the order for commander of air combat command, patching any challenger in the air and the quorum call be rescinded. who stated ‘‘at Air Combat Command striking at the most important ground The PRESIDING OFFICER (Mrs. we have a need for 381 F–22s to deliver targets. The Joint Strike Fighter is SHAHEEN). Without objection, it is so a tailored package of air superiority to the rugged SUV of the team. Impres- ordered. our Combatant Commanders and pro- sive, but not as maneuverable or capa- Mr. BROWN. Madam President, I ask vide a potent, globally arrayed, asym- ble of sustained supersonic speeds, the unanimous consent to speak as in metric deterrent against potential ad- F–35 will exploit the hole opened by the morning business for up to 15 minutes. versaries. In my opinion, a fleet of 187 F–22 and attack additional targets and The PRESIDING OFFICER. Without F–22s puts execution of our current na- directly support our ground forces. objection, it is so ordered. tional military strategy at high risk in This is not to say the F–35 is not a HEALTH CARE REFORM the near to mid-term. To my knowl- highly capable stealthy aircraft. But Mr. BROWN. Madam President, yes- edge, there are no studies that dem- the F–35’s role is to supplement the F– terday was a wonderful day for this in- onstrate 187 F–22s are adequate to sup- 22, not substitute for it. Only by uti- stitution but, more importantly, it was port our national military strategy.’’ a spectacular day for hundreds of mil- I believe these are important words lizing the strengths of both aircraft do we ensure air dominance for the next 40 lions of Americans who are concerned from the four-star general who is re- about our health care system. The sponsible for the Air Force command years. Fact No. 6: Our allies recognize the Health, Education, Labor, and Pen- which is the primary provider of com- sions Committee completed the mark- bat airpower to America’s war-fighting critical capabilities of the F–22 and are up of its health care reform legislation. commands. eager to purchase the aircraft. Fact No. 4: The Washington Post ar- This is one of the most compelling The first rule of thumb was that if you ticle that alleged technical and main- reasons for purchasing additional num- are satisfied with the health insurance tenance difficulties of the F–22 was bers of F–22s. The Japanese and Aus- you have today, you can stay in it. The misleading and inaccurate. tralian governments have consistently whole point of health reform is to re- In fact, the Air Force has written two approached our government about pur- duce health care costs and expand ac- rebuttals to this article. After viewing chasing the Raptor for themselves. If cess to quality care for all Americans. the first rebuttal, I found it striking the F–22 is such a boondoggle, why Earlier this week, the HELP Com- the Air Force stated six of the points would these nations be willing to spend mittee had a historic opportunity to made in the article were false, four billions of dollars to purchase them. cut costs for millions of Americans by were misleading, and two were not Australia already plans to purchase up creating a commonsense pathway for true. to 100 F–35s. Why does it need the generic versions of what are called bio- Specifically, the primary assertion Raptor? Perhaps it is because these na- logic drugs. Biologic drugs are live made by the Post was the F–22 cost far tions realize a number of the threats to cells, unlike the more old-fashioned more per hour to fly than the aircraft their security can only be defeated but still very, very common chemical it is replacing, the F–15. However, this using the F–22 Raptor. drugs that are made and that we have is misleading. Only when you include In conclusion, we have an oppor- known of for many years. Biologic all of the one-time costs that are asso- tunity to ensure this and future gen- drugs treat cancer, Parkinson’s, diabe- ciated with a new military aircraft is erations continue to benefit from one tes, arthritis, rheumatoid arthritis, this true. A far more accurate meas- of the foundations of our national secu- Alzheimer’s, and other serious condi- urement is to compare variable flying rity: the ability to defeat any air tions. hours. The F–22 costs $19,750 per hour threat and strike any target anywhere Earlier this week, the HELP Com- to fly versus $17,465 for the F–15. The in the world. The world is changing; mittee could have limited what are F–15 costs less to fly, but the 1960s-de- threats are growing. Today we have an called around here exclusivity rights— signed F–15 does not have nearly the opportunity to ensure those air threats better known as monopoly rights— capabilities of the F–22. are met. could have limited monopoly rights for The article asserts the F–22 has only To be honest with you, our young biologics to 7 years instead of enabling a 55-percent availability rate for men and women who fly deserve the that monopoly for 12 years. Earlier this ‘‘guarding U.S. airspace.’’ This is mis- very best equipment we can give to week in the committee, consumers lost leading. Overall, the F–22 boasts a 70- them, not equipment that is getting and the biotech industry won. How can percent availability rate, and that has old, outmoded, and cannot do the job. we improve access to health care if been increasing every year over the I hope my colleagues will join me in people cannot afford their biologic past 4 years. voting against the Levin-McCain drugs? How can we reduce costs if we Finally, the article states the F–22 amendment. don’t inject competition into the mar- requires significant maintenance. This I suggest the absence of a quorum. ketplace, if we grant monopolies and

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.011 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7594 CONGRESSIONAL RECORD — SENATE July 16, 2009 block any competitors from coming in $4,000 a year. But this cancer drug now That is why the committee erred so and competing for these drugs? During is $40,000 a year; Herceptin is more extravagantly when it gave 12 years of the debate, we heard a lot of numbers than $40,000 a year. So where is the out- monopoly protection to the drug indus- on how many years the big drug com- rage now? try. It hinders innovation. That means panies should have unchecked monopo- I understand drug companies need to patients are going to keep getting the lies. We heard it should be 13 years or protect their investment and their shot every day for 12 years. They will one of them was 131⁄2 years or 12 years profit. However, many of these bio- have to wait until the 12 years are up or 10 years. I wanted 5 years or maybe logics that have been developed came before they introduce the new aerosol 7 years at the most. initially from research that all of us as way of administering this drug. If there Let me include some other numbers taxpayers funded. We appropriate every had been for 4, 5, 6, or 7 years, they as we debate the minutia of health care year about $31 billion for the National would have brought that new drug on reform. Let me include some other Institutes of Health, something I the market much quicker. numbers that are too often yet some- fought for when I was in the House. I The only argument that the biotechs’ times deliberately overlooked. was part of the group that doubled allies on the HELP Committee used Some 190,000 women will be diagnosed funding for NIH, in those days, from was simple: This hurts innovation. with breast cancer this year. Herceptin about $12 billion to $25 billion a year. It It only hurts their profits. It clearly is the brand-name biologic that treats was a wonderful investment. As we in- doesn’t help innovation. The only breast cancer. It costs $48,000 a year. vest in these drugs, invest in this re- study put forward, other than a study That is $1,000 a week. If you are lucky search that is the foundation for these from PhRMA, the big drug company enough to have insurance, you might drugs, it is a good thing. Then these lobbyist or study from biologic compa- get part of this paid for, but you prob- companies, at their expense and at nies—and many are the same compa- ably have a 20 percent copay, so then it their risk, develop them into wonderful nies—other than their studies, the only is $200 a week. That is if you are lucky. medicines and medication. But after one out there was a Federal Trade If you are not so lucky, you simply building their foundation on taxpayer Commission study on this 12 years. can’t afford it. research, they are charging this much What good are these biologics if nobody More than 1.3 million Americans live for these biologics, and even if you are can afford them? with rheumatoid arthritis. Remicade is lucky enough to have insurance, you The Hatch-Waxman Act, which intro- the brand-name biologic that treats simply can’t afford them. So I want duced generic versions of chemical rheumatoid arthritis. It costs $20,000 a these drug companies to protect their drugs, has proved we can still lead the year. If you are lucky enough to have investment and their profit, but we world in biologic innovation with com- insurance, you are probably paying a 20 can’t give companies open-ended pro- petition from generics. Twenty-five percent copay. That would be $4,000 a tection from competition. years ago, the drug industry said the year just for the biologic drug for your The committee voted earlier this same line they are using now—that treatment—not counting lost work, week to grant 12 years of monopoly. there is no way we will innovate, and this will put them out of business. not counting paying doctors’ bills, not Orphan drugs get a 7-year monopoly Patients in Akron, Bowling Green, counting trips to the hospital, not protection. Standard drugs, which have Chillicothe, and Dayton understood been wonderful for so many people in counting tests. That is $4,000 a year for that this law from 25 years ago worked this country—very important, very that drug, if you are lucky enough to to keep prices down. Those same people complicated drugs; pretty much as have insurance. around my State, people in Xenia, This year, more than 148,000 people complicated as these biologic drugs— Springfield, Mansfield, and Portsmouth will be diagnosed with colon cancer. get 5 years of monopoly protection. So need that same access to generic Avastin is the brand-name biologic orphan drugs get 7 years, standard versions of these biologics. that treats colon cancer and costs drugs get 5 years. Other products on The vote this week was not in the $100,000 a year, which is $2,000 a week. the market that have patents, as these best interests of patients suffering So if you are lucky enough to have in- do, and have those protections don’t from multiple sclerosis, arthritis, can- surance, you pay a copay of $400 per get additional monopoly protections. cer, Alzheimer’s or heart disease. It week, which is an awful lot of money. But this committee this week—I was not in the best interest of tax- To put these numbers in perspective, thought outrageously so—gave 12 years payers. Who is paying the bill? Either the average annual household income of monopoly protection. That is unac- people are paying out of their pock- in Ohio is $46,000. So when you look at ceptable to many of us. President ets—and most cannot afford it—and in- these drugs—one I mentioned, Obama says it should be 7 years. The surance companies are going to raise Herceptin, is $1,000 a week; Remicade AARP says it should be 5 to 7 years. rates to employers and to patients or for rheumatoid arthritis is $20,000 a The Federal Trade Commission re- the taxpayers are going to pay for it. year; Avastin for colon cancer is ported that additional years of monop- The beneficiaries are not patients. It $100,000 a year, $2,000 a week—again, if oly protection actually crimps innova- hurts innovation. The beneficiaries are you are lucky enough to have insur- tion, that giving these extra years of the drug executives and the biologic ance, your 20-percent copay for that monopoly protection actually hinders company executives. It is not in the $100,000 a year is $20,000, and an average innovation. I would argue that this mo- best interest of taxpayers. An article in income in Ohio is $46,000. nopoly protection harms innovation Roll Call today or yesterday pretty Brand-name biologics, these rel- because it discourages biotechs from much said that biologic industry—they atively new kinds of treatments, will searching for new revenues. spent $500,000 in ads in the last few make up 50 percent of the pharma- Let me give an example. If a drug days. The health care industry spends a ceutical market by the year 2020. The company produces a biologic that can million dollars a day lobbying, and prices for most of these drugs are in- matter a lot in an important treatment they were rather successful in what creasing far faster than inflation—far and they got a 12-year monopoly pro- they did. faster even than medical inflation—and tection and consider that the biologic I am proud to have been part of the we know what that is all about—about might be administered by injection in historic health debate that passed a 9.3 percent each year. The price for bio- a doctor’s office; that those same sci- bill as good as we passed. I am also logic drugs for multiple sclerosis in- entists who have created that biologic proud to have been part of this debate creased by 23 percent last year. that you inject, after 5 or 6 years, come that continues to talk and educate the I remember about a dozen years ago, up with a new way to do it, to take it people on biologics. if you had a family member who was by aerosol. Everybody I know would Clearly, the fight for affordable ge- suffering from cancer, we were out- rather do that than stick a needle in neric drugs is not over. I will fight and raged and just so surprised and shocked their arm every day or so, however do whatever is best for taxpayers and and upset that Taxol, the chemical often they need the treatment. But do patients, and that means a continued cancer drug, in those days cost $4,000 a you know what. That new innovation is effort to make this law work, as Hatch- year. We thought that was outrageous, not going to come until the 12 years Waxman worked for so many Ameri- exorbitant, unaffordable, out of reach, are up. cans.

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.017 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7595 I will fight for the breast cancer pa- That law says it is illegal to ‘‘will- crimes has hovered around 7,500 annu- tient who has to spend $1,000 a week for fully injure, intimidate or interfere ally, nearly one every single hour. As if biologic Herceptin or the colon cancer with any person, or attempt to do so, that figure is not high enough, it is patient who spends $2,000 a week or the by force or threat of force, because of well known that data collected on hate person with rheumatoid arthritis who that other person’s race, color, religion crimes almost certainly understates spends $2,000 a month for medicine or national origin.’’ the true numbers because victims are they desperately need. That hate crimes law was passed by often afraid to report these crimes or I applaud groups such as AARP that our parents’ generation to address the local authorities do not accurately re- put families and consumers first. I look hate crimes so evident through the as- port the incidents as hate crimes, forward to working with Members in sassination of Martin Luther King and which, unfortunately, means they do the House and Senate and the adminis- so many other actions in the 1960s. not get reported to the Federal Govern- tration who are fighting for what is Now it is time for our generation to ment. right. pass a hate crimes bill that will What specifically is in this legisla- I yield the floor and suggest the ab- strengthen the work done by our fore- tion? It gives the Department of Jus- sence of a quorum. fathers 40 years ago and that will ad- tice the power to investigate and pros- The PRESIDING OFFICER (Mrs. dress new forms of hate crimes that ecute bias-motivated violence. HAGAN). The clerk will call the roll. have become far too prevalent in our It provides the Department of Justice The legislative clerk proceeded to society. We need to add provisions to with the ability to aid State and local call the roll. prosecute those who commit violent jurisdictions. Mr. MERKLEY. Madam President, I It makes grants available to State acts based on gender, gender identity, ask unanimous consent that the order and local communities to combat vio- disability, and sexual orientation. for the quorum call be rescinded. lent crimes. Of the 7,624 single-bias incidents re- The PRESIDING OFFICER. Without It authorizes the Attorney General to ported in 2007, more than 16 percent re- objection, it is so ordered. provide technical, forensic, prosecu- Mr. MERKLEY. Madam President, I sulted from sexual orientation bias, in- torial, and other assistance to State rise because of a document our fore- dicating that members of the gay and and local governments. fathers signed 233 years ago, the Dec- lesbian community are victimized It authorizes grants from the Justice laration of Independence. Specifically, nearly six times more frequently than Department of up to $100,000 for State, the Declaration stated: an average citizen. local, and tribal law enforcement offi- Just this past spring, we experienced We hold these Truths to be self-evident, cials who have incurred extraordinary that all Men are created equal, that they are a terrible incident in my home State. expenses in the prosecution or inves- endowed by their Creator with certain In March, two men, Samson Deal and tigation of hate crimes. unalienable Rights, that among these are Kevin Petterson, were visiting the Or- It authorizes the Treasury Depart- Life, Liberty, and the pursuit of Happiness. egon coast during their spring break. ment and Justice Department to in- That simple phrase created the bed- They wandered away from an evening crease personnel to better prevent and rock foundation for a nation founded campfire and ran into a group of four respond to allegations of hate crimes. under equality under the law, freedom strangers who asked if they were gay It requires the FBI to expand their from persecution, and the pursuit of and then called them derogatory statistic gathering so we can better un- happiness by our citizens—government names. Then these two men were beat- derstand the types and structures of by and for the people under the concept en brutally and left unconscious on the hate crimes in the United States of of quality and freedom from persecu- beach. This was in the town of Seaside, America. tion. a place I have visited many times in These provisions will strengthen the It is an honor to rise to advocate for my life, a beach I have walked on many original facets of the legislation from that philosophy. times in my life. Seaside police chief 1969. That legislation, as I noted, ad- I rise in strong support of the Leahy Bob Gross said the Seaside police have dressed issues related to race, color, re- amendment that would amend the De- ‘‘had some hate crimes before, mostly ligion, or national origin. All of that is partment of Defense bill to include the threats, but have never dealt with any- improved in this legislation. Matthew Shepard Hate Crimes Preven- thing this serious.’’ In addition, we expand this legisla- tion Act of 2009. First, I thank and ac- I am happy to report that Samson tion to address the hate crimes we now see so prevalent in the LGBT commu- knowledge Senator KENNEDY for his and Kevin lived through this incident, nity as victims. strong decade-long commitment to this but many do not. The attack could Our Constitution laid out a vision. have been worse. According to the Na- legislation. I extend my appreciation We did not have complete equality to Senator LEAHY for leading this ef- tional Coalition of Anti-Violence Pro- under that vision in 1776. Indeed, it was fort in Senator KENNEDY’s absence. grams, 2007 saw the greatest number of a vision far ahead of its time. We have It has been more than 10 years since anti-LGBT murders in 8 years: 21 gay gradually worked toward it. We have Matthew Shepard was brutally mur- and transgender people were murdered extended our law to protect women, to dered simply because of his sexual ori- in the United States in 2007—more than include more folks to vote, to enable entation. It is long past time that we double the number of 2006. people to get rid of the racial bound- take action to strengthen the Federal Currently, only 11 States and the Dis- aries that existed for voting, and so on. Government’s ability to investigate trict of Columbia include laws covering We have steadily sought to take strides and prosecute hate crimes. There is no gender-identity-based crimes. We must toward that vision of equality under room in our society for these acts of make sure gender identity is a pro- the law and the ability to pursue hap- prejudice. Hate crimes fragment and tected characteristic included in this piness without the fear of persecution. isolate our communities, and they tear legislation. Today I am advocating that we take at our collective spirit. They seek to But members of the gay community another important stride toward that terrorize our society through brutal vi- are not the only victims. We were all vision our forefathers laid out before olence against targeted individuals. shocked last month when Stephen us. The Matthew Shepard Hate Crimes Johns, a guard at the Holocaust Mu- Martin Luther King said the long arc Prevention Act is a critical step to pro- seum, was shot and killed by a White of history bends toward justice, but it tect those who are victimized simply supremacist. Recent numbers suggest doesn’t bend by itself. It is bent by citi- for who they are. hate crimes against individuals in the zens who say this is wrong, and we are Hate crimes legislation is not a new Hispanic community increased by a going to do something about it. This concept. In fact, the United States of staggering 40 percent between 2003 and great strengthening of the hate crimes America has had hate crime laws in 2007. legislation in the United States is a place for 40 years. The Hate Crimes Act According to a recent report from the huge stride toward equality under the of 1969 was passed shortly after the as- Leadership Conference on Civil Rights law and freedom from persecution. sassination of Martin Luther King. Education Fund, in the nearly 20 years I encourage all of my colleagues to That assassination motivated Congress since the enactment of the Hate Crimes join in taking this historic stride for- to action. Statistics Act, the number of hate ward.

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.018 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7596 CONGRESSIONAL RECORD — SENATE July 16, 2009 Madam President, I suggest the ab- current deployment cycles. Far too make sure that medical care gets there sence of a quorum. many men and women are declared when we first detect what that medical The PRESIDING OFFICER. The nondeployable because they have not problem is, the outcome is better and clerk will call the roll. received the steady medical and dental it is usually less costly in the overall. The legislative clerk proceeded to care they need to maintain their readi- The further out from the deployment call the roll. ness. uncorrectable conditions are discov- Mrs. LINCOLN. Mr. President, I ask We have all heard the horror stories ered, the more time a unit will have to unanimous consent that the order for of the military simply pulling soldiers’ replace a discharged member and miti- the quorum call be rescinded. teeth and sending them on to Iraq and gate the effects from that loss. So it is The PRESIDING OFFICER (Mr. Afghanistan because they don’t have not just the well-being of the soldiers BEGICH). Without objection, it is so or- the time to provide adequate dental we are looking at, it is also the well- dered. care to bring them up to the medical/ being of the unit. Mrs. LINCOLN. Mr. President, I ask dental readiness status necessary in We can and should do more to bring unanimous consent to speak as in order to be deployed. our Selected Reserve members into a morning business. Now that we are going to have man- constant state of medical readiness for The PRESIDING OFFICER. Without datory assessment, there is no reason the benefit of the entire force. My objection, it is so ordered. we would not want to provide them the amendment does just that. That is why Mrs. LINCOLN. Mr. President, today medical care they need in order to it has been endorsed by the Military I rise to speak in support of five meet that assessment. This is abso- Coalition, a consortium of nationally amendments that I have introduced to lutely unacceptable, that we would prominent uniformed services and vet- the bill before us, the National Defense not. And it is inexcusable. Considering erans associations representing over 5.5 Authorization bill for fiscal year 2010. the sacrifices we are asking them to million members across this country. Each amendment focuses on improving make on our behalf, the least we can do I am proud to have worked with Sen- the benefits and care for the members is provide them the care they need to ators LANDRIEU, TESTER, RISCH, and of our Nation’s National Guard and Re- meet the readiness standards we have BYRD on this important legislation and serve forces so that we can improve set. Pulling their teeth and rushing thank them for that support and real- military readiness and strengthen our them to war is simply not going to get ization of how important, how prac- efforts to recruit and train quality men it done. tical, and how much sense it makes for and women to serve. This practice itself has become so us to use these assessments to quickly I know each of us from our States prevalent, we now have a name for provide the medical treatment that is recognizes the tremendous bravery, these men and women. They are called necessary to ensure our soldiers, when courage, and the dedication of our Na- pumpkin soldiers. How absolutely they do receive those orders to be de- tional Guard and reservists in each of awful is that? It is awful that it is such ployed, are meeting the medical and our States. They are part of our com- a prevalent practice that it has a nick- dental readiness they need to meet in munity. They certainly, in many in- name. order to be deployed. stances I know of from our seeing the Compounding this challenge is the Mr. President, my second amendment deployments, are people of public serv- fact that short-notice deployments calls for an increase in the Mont- ice, but they are also people who are occur regularly within the Reserve gomery GI bill rate for members of the serving their communities. Whether Forces. When men and women are de- Selected Reserve to keep pace with they are firemen or police officers, clared nondeployable, it can cause dis- their increased service and the rising maybe they are school principals, ruption in the unit by requiring last- costs of higher education. I am pleased maybe they have small businesses that minute replacements from other units my friend, Senator MIKE CRAPO, and I hire a tremendous number of people in or requiring treatment periods that have joined in this effort. MIKE and I those communities, they are hard- should be set aside for the have worked together on so many dif- working Americans who also find time predeployment preparation and train- ferent issues, everything from wildlife to serve their country. They are dedi- ing. to education and certainly with our cated, they are brave, and we certainly Last year, prior to the second deploy- military, representing States that have know the critical role they play. ment of the Arkansas National Guard’s large rural areas and therefore large It is a reality that our military is re- 39th Infantry Brigade Combat Team to numbers of Guard and Reserve. It has lying increasingly upon our reserve Iraq, members from 11 units across our also been endorsed by the Military Coa- components as an operational reserve, State were pulled to fill out the com- lition as well, the group I mentioned not just simply a strategic reserve. My bat team. Some of these cross-leveled earlier. amendments reflect that reality by members had as little as 2 or 3 three This amendment would simply tie taking needed steps to honor the in- weeks’ notice prior to their deploy- education benefit rates for guardsmen creased service and invest in these men ment. They were having to fill in be- and reservists to the national average and women who give so much on our cause when it came time, those who cost of tuition standard that is already behalf. When duty called, they stepped were in those units, the regular Guard applied to Active-Duty education ben- up to the plate, and now it is time for and Reserve who were there, did not efit rates. We have worked hard to try Congress to do the same. meet the deployable standards, and so to increase the educational benefit to My first amendment is identical to consequently we had to pull people be commensurate with the time these the Selected Reserve Continuum of from all different units at a late notice guardsmen and reservists are working Care Act I introduced in May. This leg- to put them in there while these others on our behalf, who are so bravely de- islation will ensure that periodic met that medical and dental readiness. ploying and working and serving along- health assessments for members of the My amendment would prevent, in side our Active-Duty military. The Guard and Reserve are followed by gov- large, all of this from happening in the problem is, now that we have increased ernment treatment to correct any med- future by providing the necessary care their access to a more commensurate ical or dental readiness deficiencies at the front end of these assessments. educational benefit, the value of that that are discovered at those screenings. Instead of compressing treatment costs benefit is immediately losing value be- We know we will begin to see these into a short predeployment period or cause they depend on the appropriators periodic health assessments, because the bottlenecked medical support unit and us to increase that amount. When they are mandatory beginning in Sep- at the mobilization station, my amend- it is increasing at half the rate of the tember, and we need to make sure we ment would spread the same costs over cost of higher education, then they are follow up on these. a longer period, with a more orderly getting further and further behind each As an operational force serving fre- and reliable result. year in keeping that commensurate quent deployments overseas, these men We are having a huge debate right benefit at a rate that makes sense and and women require greater access to now on health care reform. One of the certainly is adequate for their needs in health care so they are able to achieve things we see is that if we can provide education. I believe it is absolutely the readiness standards demanded by prevention or wellness, or certainly critical that we do this. It builds upon

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.019 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7597 my Total Force GI bill, first introduced of the military that prompt them into children and, more importantly, it in 2006, which was designed to better a sense of pride and a sense of courage really sends them in the right direction reflect a comprehensive total force and a sense of accomplishment so they so they can become contributing parts concept that ensures members of the finish their education and they go on of this great Nation. I encourage my Selected Reserve receive the edu- to do so many great things, so many colleagues to look at this amendment cational benefit more commensurate things that otherwise could have and help us get it passed in this very with their increased service. The final turned sour for these youths. important bill. provisions of this legislation became As I said, I encourage any of the Mr. President, you have been incred- law last year with the signing of the Members of this body, if you have ibly patient. I appreciate that patience, 21st Century GI bill. Now it only makes never visited one of those National having to talk about five different sense that we would maintain that ben- Guard Youth ChalleNGe Programs, I amendments, but these are issues that efit at a rate, again—just at the rate of really encourage you to do so. are critically important to me and increase we are seeing in higher edu- For 22 weeks, these young men and critically important to the people of cation. It certainly makes sense for our women receive more than 200 hours of Arkansas, particularly our Guard and Guard and Reserve. classroom learning designed to prepare Reserve. My third amendment would lower the them to take the general equivalency My final amendment is an amend- travel reimbursement threshold for Na- diploma exam. I attended the gradua- ment that would grant full veteran sta- tional Guard and Reserve members who tion of a class in Arkansas, and I can tus to members of our Nation’s Reserve are traveling for drills from 100 miles attest to the program’s positive re- Forces who have 20 or more years of to 50 miles. Our current high threshold sults. service. I am joined in this effort by has caused undue hardships for mem- At a time when we know financial in- Senator HUTCHISON of Texas. This bers of the Selected Reserve, especially security in our country is shaking our amendment is endorsed by the Military those in rural areas who often incur families, our youth who are finding Coalition, which is the large group, the significant expenses because they have themselves in, certainly, different cir- coalition of military groups. to travel significant distances. If we cumstances than many of us did grow- Under current law, members of Re- cannot ease their burden, I fear we are ing up, with all kinds of temptations serve components who have completed creating significant obstacles to re- and distractions and things that can 20 or more years of service are consid- cruiting and retaining men and women put them on the wrong pathway, here ered military retirees. At the age of 60, to serve in the Guard and Reserve— we have an opportunity, when they they are eligible for all the benefits re- particularly during times of economic start out on that wrong pathway, to ceived by Active-Duty military retir- hardship. We saw the price of gasoline grab them and put them into a pro- ees. Unfortunately, they are denied the explode last year. We know how dif- gram that is going to continue to build full standing and honor that comes ficult it is, particularly for many of on the positive things they have to with the designation of ‘‘veteran’’ if our Guard and Reserve who live in offer and set them on a good pathway. they have not served a qualifying pe- those rural areas. I believe this is a Since the inception of the National riod of Federal Active Duty other than commonsense thing we can do on be- Guard Youth ChalleNGe Program, Active-Duty training. As a result, half of these brave men and women. more than 85,000 young men and women these men and women are technically I am so very pleased to be joined here have graduated from the program na- not included in various veterans cere- by Senators TESTER and WYDEN in of- tionwide, and they have received their monies and initiatives, such as an ef- fering this amendment. It was among high school degrees. Nearly 80 percent fort to have veterans wear their medals the recommendations of the inde- have gone to college, earned productive on Veterans Day or Memorial Day, or pendent Commission on the National jobs, and joined the military. Cur- in legislation authorizing veterans to Guard and Reserves. It is supported by rently, the Department of Defense pro- offer a hand salute during the playing numerous military and veterans serv- vides 60 percent of the funding, while of the national anthem or the presen- ice organizations. It only makes sense States are responsible for the remain- tation or posting of the colors. that we would appropriately provide der. Unfortunately, the current cap on I don’t know about you, but when I them the reimbursement they need and funding has restricted many of our am at an event at home in Arkansas— the travel expenses to get to where States from establishing additional or here as well but certainly at home— they need to be for their drills and for programs or building on their existing when I am surrounded by my family of their training. programs. Arkansas people and the flag comes My fourth amendment would enable Along with additional funding, this down the parade or the colors are pre- a valuable program, the National amendment would help jump-start the sented, I support making sure everyone Guard Youth ChalleNGe Program, to Youth ChalleNGe Program by fully who has stood up and said ‘‘I am ready expand to new cities and new sites and funding new programs for 2 years while to serve my country when it calls on reach even more of our young troubled they get their feet on the ground. When me’’ should be given that respect of Americans. Currently operating in 22 they better understand the tremendous being noticed as a veteran. States, the Youth ChalleNGe Program value of this program and, more impor- My amendment does not seek to trains and mentors youth who have tantly, how their States can begin to change the legal qualifications for ac- dropped out of high school. It puts invest in a program such as this, it en- cess to benefits. Instead, it simply them on a path to become more pro- sures that the Federal Government’s seeks to correct this inequity by hon- ductive, employed, and law-abiding share is 75 percent into the future in- oring and recognizing those who have citizens. stead of the current 60 percent that it served their country for 20 years or I recommend to any of my colleagues is right now. more, those who have said continually in this body who have not visited a Na- This amendment is endorsed by the over those 20 years: When my Nation tional Guard Youth ChalleNGe Pro- National Guard Youth Foundation, the needs me, if my Nation needs me, I will gram to go and visit. I have visited our Enlisted Association of the National be there. I will take up my arms. I will Youth ChalleNGe Program on more Guard of the United States, and the do what is asked of me as a member of than one occasion and have been National Guard Association of the the military forces. amazed, both at those who have grad- United States. Those men and women wore the same uated from that program and come I am so pleased to be joined by Sen- uniform, were subject to the same Code back to mentor these other youths— ators BYRD, CASEY, CORNYN, HAGAN, of Military Justice, received the same who are disadvantaged, who have found LANDRIEU, MURKOWSKI, RISCH, ROCKE- training, and spent 20 or more years themselves in the court system, have FELLER, SNOWE, UDALL of Colorado, and being liable for callup whenever it did been thrown out of school, or are cer- WYDEN in this effort. It is identical to happen. This amendment recognizes tainly in a troubled nature—and the legislation I have previously intro- their long careers of service and would amazed at those who are able to come duced which has 32 bipartisan cospon- entitle them to receive proper recogni- into this environment and to feel the sors. It is a great move, to help our tion as a veteran of the United States security of the military and the rules children, particularly our troubled of America.

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.021 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7598 CONGRESSIONAL RECORD — SENATE July 16, 2009 I know of few designations that em- sions. I commend Secretary Gates par- of operations in southern Afghanistan, body such dignity and honor. These ticularly for his very judicious, led by our marines and British forces, men and women certainly embody thoughtful approach to this budget, we also recognize the need to partner those traits, and it is time we grant and his uniformed colleagues. They with more Afghani police and security them the recognition they have earned. have thought long and hard about the forces and military forces. Our strat- I ask my colleagues to give these ef- new world of threats. They have egy can’t be just an American pres- forts thoughtful consideration. These thought long and hard about how we ence. It has to be an American-Afghani five proposals help us keep our promise can provide the most necessary re- presence, which ultimately will trans- to these brave men and women and will sources for our men and women in uni- late to an almost exclusive, if not ex- help to strengthen recruitment and re- form. They have recommended to us a clusive, Afghan presence. To do that, tention for our National Guard and Re- very sound approach. With certain ex- we have to support the building and serve and increase their readiness as an ceptions, the legislation before us rec- the professionalization of Afghan secu- operation force in the continued de- ognizes and accepts those recommenda- rity forces. fense of this great Nation that we all tions. There is within this budget funding love and are all so very pleased to be a The new administration and Presi- for our Navy that is absolutely critical. part of. dent Obama have also done a remark- It includes funding to complete the I yield the floor and suggest the ab- able job in terms of trying to change third Zumwalt class destroyer. This sence of a quorum. strategic direction, change acquisition ship is critical to maintaining the The PRESIDING OFFICER. The policies, and to develop a fighting force technical superiority of our Navy that clerk will call the roll. that will meet the threats of today and it enjoys across the oceans of the The assistant legislative clerk pro- prepare ourselves for future possibili- world. The future maritime fleet must ceeded to call the roll. ties. This Defense authorization bill be adaptable, affordable, survivable, Mr. REED. I ask unanimous consent contains many aspects which are crit- flexible, and responsive. The Zumwalt that the order for the quorum call be ical to the success of our men and class provides all these characteristics rescinded. women in uniform. Let me suggest a as a multimission service combatant, The PRESIDING OFFICER. Without few. tailored for land attack and littoral objection, it is so ordered. First, it once again recognizes the ex- dominance. It will provide an inde- Mr. REED. Mr. President, I rise in traordinary service and sacrifice of pendent presence, allow for precision support of the National Defense Au- these young Americans by authorizing naval gunfire support of joint forces thorization Act for fiscal year 2010. a much needed 3.4 percent across-the- ashore and, through its advanced sen- First I wish to speak briefly about the board pay raise. The extraordinary sac- sors, ensure absolute control of the Matthew Shepard Hate Crimes Preven- rifices they make every day can never combat airspace. All of this capability tion Act. Unfortunately, we have seen be compensated by dollars and, indeed, is based on today’s proven and dem- far too many cases of these types of their motivation is not financial. It is onstrated technologies. We can’t build crimes of violence motivated strictly to serve the Nation and serve it with the same ships we were building 20 by prejudice and hatred of people. This courage and fidelity. They do it so years ago and hope to maintain our su- amendment would simply extend the well. I have had the privilege to travel periority and, indeed, hedge against current definition of Federal hate to Afghanistan and Iraq on numerous the emerging threats of tomorrow. crimes to include crimes committed on occasions and to witness the heroic and This Zumwalt technology is also the the basis of someone’s gender, gender decent service of these remarkable peo- transition to the next class of surface identity, sexual orientation, or dis- ple. This pay raise reflects, at least in combatants, which are likely to be a ability. This amendment does not fed- part, the value we place on their serv- new class of cruisers. The hope is that eralize all violent hate crimes. Rather, ice. we can leverage what we learn on it authorizes the Federal Government The legislation fully funds Army Zumwalt so that the next class of sur- to step in as a backstop, only after the readiness and depot maintenance pro- face combatants will be even more ca- Justice Department certifies that a grams to ensure that forces preparing pable and, we hope, extremely cost effi- Federal prosecution is necessary. It to deploy are properly trained and cient. also supports State and local efforts to equipped. It also authorizes $27.9 bil- I also note that the underlying legis- prosecute hate crimes by providing lion for the Defense Health Program lation fully funds the continued pro- Federal aid to local law enforcement and permits special compensation for curement of the Virginia class attack officials. This amendment affirms our designated caregivers for the time and submarine. These attack submarines commitment to the most basic of assistance they provide to servicemem- are on the highest level of demand by American values—the dignity of the in- bers with combat-related catastrophic area commanders. The CINCs, when dividual and the right of that indi- injuries or illnesses requiring assist- they are asked what they need in terms vidual to be himself or herself. I am ance in day living. What we are seeing of resources, invariably place very pleased to lend my support. That is an is success medically on the battlefield, close, if not on the top of their list, ad- issue we will confront in the context of where the mortality rates relative to ditional submarines because of their our armed services bill, and I think we the injuries have declined, as they have stealth, their ability to operate intel- should go forward and adopt it. since World War II. But we have a sig- ligence areas, and their ability to have I wish to commend, with respect to nificant population of very severely a forward presence without being rec- the specifics of the armed services bill, wounded young men and women. They ognized. These are critical, and I am my colleagues on the committee for need help, and the caregivers need help. pleased by the recognition of the ad- their work, and the leadership of Sen- This legislation recognizes that. ministration and the committee in this ators LEVIN and MCCAIN. I hope this is The legislation fully funds the Presi- regard. a bill President Obama can sign. Dur- dent’s budget request of $7.5 billion to This year I was once again extremely ing the committee’s markup, I voted train and equip the Afghan National fortunate and honored to serve as the against an amendment to provide fund- Army and the Afghan National Police chairman of the Emerging Threats and ing for additional F–22s and for the forces. The bill also includes a provi- Capabilities Subcommittee. I particu- Joint Strike Fighter alternate engine. sion that emphasizes the need to estab- larly thank and commend Senator I remain opposed to these programs. lish measures of progress for the ad- WICKER and his staff. They were true We should not put this bill in jeopardy ministration’s strategy for Afghani- collaborators. Their cooperation was of a veto, so I urge my colleagues to stan and Pakistan and to report to significant in terms of improving the vote, when it comes to the floor, for Congress regularly on efforts to quality of our subcommittee report. We the Levin-McCain amendment to strike achieve progress in that region. I saw have worked together very well. I, the F–22 funding, which I hope will be the merits of this approach in my re- again, particularly commend and considered soon. cent trip with Senator KAUFMAN to thank Senator WICKER for his insights, As evidenced by the F–22 issue, this Pakistan and Afghanistan in April. In his energy, and for his great collabora- bill is the product of many tough deci- fact, as we observe the increased tempo tion in this effort. The Emerging

VerDate Nov 24 2008 23:32 Jul 16, 2009 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.023 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7599 Threats and Capabilities Sub- where, and $7 million for strategic of- This issue of narcotics is particularly committee is responsible for looking at fensive arms elimination. We have to central to our efforts in Afghanistan. new and emerging threats to our secu- recognize that these weapons are dis- When I was there in April, we were in rity and considering appropriate steps tributed too broadly in many respects, Helmand Province which was covered, we should take to develop new capa- and our efforts to restrict them and to, literally, with opium poppies. The bilities to face these threats. In prepa- we hope, dismantle them have to be opium trade provides support for oppo- ration for our markup, Senator LEVIN broad also. nents of the Taliban. If we disrupt that provided guidelines for the work of the We added $50 million to nonprolifera- trade and we are able to reduce the committee including the following two tion research and development for nu- flow of resources to the Taliban but items: Improve the ability of the clear forensics and other R&D activi- also provide legitimate family farmers Armed Forces to counter nontradi- ties and required the development of an with the opportunity and the profit- tional threats, including terrorism, the interagency forensics and nuclear at- ability to grow alternate crops, then proliferation of weapons of mass de- tribution program. One of the hopes— we can make a successful dent in the struction, and their means of delivery; and this must be based on very cal- power and the presence of the Taliban and, second, enhance the capability of culable scientific and technological re- there. These counternarcotics pro- the Armed Forces to conduct counter- search—is that if we can identify the grams, not only in Colombia but also insurgency operations. source of a nuclear detonation posi- in Afghanistan, are absolutely impor- In response, our subcommittee rec- tively, we would have an extraor- tant. ommended initiatives in a number of dinarily powerful deterrent card which This is a good bill. It is, I think, wise areas within our jurisdiction. These we could use diplomatically to indicate legislation, with the exceptions I areas include supporting critical non- that if any nation, particularly cov- noted. Members of the committee and proliferation programs and other ef- ertly, attempts, directly or through the committee staff have worked many forts to combat weapons of mass de- terrorist groups, to deploy a nuclear hours to get this bill to the floor. We struction; supporting advances in med- weapon anywhere in the world, we are a nation engaged in two conflicts ical research and technology to treat could trace it back and respond imme- and an ongoing struggle in many parts such modern battlefield conditions as diately. That could give us, again, an of the world to intercept, interdict, and traumatic brain injuries and post-trau- enhanced deterrence. This depends preempt terrorists. We need to support matic stress disorder; increasing in- upon the progress we make in research, our military forces, and I urge my col- vestments in new energy technologies but we must begin with energy re- leagues to work together to pass it so such as fuel cells, hybrid engines, and search. We have that in the legislation. we can quickly have a conference with alternate fuels to increase military The bill also highlights the impor- the House and send it to the President performance and reduce cost; increas- tance of a strong manufacturing indus- for his signature. ing investments in advanced manufac- trial base. The bill would create a new With that, Mr. President, I yield the turing technologies to strengthen our position, the Assistant Secretary of floor. defense industrial base so that it can Defense for Manufacturing and Indus- I suggest the absence of a quorum. The PRESIDING OFFICER. The rapidly and efficiently produce the ma- trial Base, to oversee the Department’s teriel needed by the Nation’s clerk will call the roll. policies and programs for our Nation’s The bill clerk proceeded to call the warfighters; and increasing invest- industrial base. Further, the bill in- roll. ments in research at our Nation’s creases funding for manufacturing re- Mr. BURRIS. Mr. President, I ask small businesses, government labs, and search in DOD by roughly $100 million unanimous consent that the order for universities so that we have the most to support the defense industrial base the quorum call be rescinded. innovative minds in our country work- and reduce the cost of production of The PRESIDING OFFICER (Mr. ing to enhance our national security. weapons systems and our ability to UDALL of New Mexico). Without objec- Specifically, some notable actions in meet surge requirements demands of tion, it is so ordered. this bill that originated in the Emerg- operating forces. Mr. BURRIS. Mr. President, I ask ing Threats and Capabilities Sub- This bill also reauthorizes the DOD’s unanimous consent to speak as in committee include: authorizing full Small Business Innovation Research morning business. funding for the Special Operations program, in coordination with the ef- The PRESIDING OFFICER. Without Command and adding $131.7 million to forts of Senator MARY LANDRIEU, chair- objection, it is so ordered. meet unfunded equipment require- man of the Senate Committee on Small SOTOMAYOR NOMINATION ments identified by the commander of Business and Entrepreneurship. To sup- Mr. BURRIS. Mr. President, the Ju- our Special Forces to enable them to port investments in next-generation diciary Committee is hearing the testi- conduct counterinsurgency operations technologies and advanced military ca- mony from the distinguished Judge and to support ongoing military oper- pabilities, this bill would increase the Sonia Sotomayor. Today I rise in ations; authorizing full funding re- Department’s funding for innovative strong support of Judge Sonia quested for the Joint IED Defeat Orga- science and technology programs by Sotomayor’s nomination to the U.S. nization, JIEDDO. This is particularly over $480 million for a total of $12.1 bil- Supreme Court. important as we read about the in- lion. I believe that while Judge creasing IED attacks against our forces The bill authorizes the full funding Sotomayor’s expansive legal experi- in Afghanistan since our offensive that was requested for chemical and bi- ence makes her a logical choice, it is began in Helmand Province weeks ago. ological defense programs and the full her background and unique perspective These IEDs are the No. 1 threat to our amount requested for chemical weap- that will make her an ideal selection forces in the field and our allied forces ons demilitarization in the United for a seat on our Nation’s highest in the field. This very sophisticated or- States. This funding totals over $3 bil- Court. ganization uses the information tech- lion. Certainly no one can argue with nology, innovation, communication, With regard to counterdrug pro- Judge Sotomayor’s legal qualifica- and new techniques, working closely grams, the bill fully funds DOD drug tions. After graduating from Princeton with battlefield commanders, to pro- interdiction and counterdrug activi- University and Yale Law School, she tect our forces and our allied forces. ties. It also includes a provision that served as an assistant district attorney They have a critical role and a critical would extend the authority to use and then had a successful legal practice mission. We fully support both in this counterdrug funds to support the Gov- of her own. legislation. ernment of Colombia’s unified cam- In 1991, President George H.W. Bush We authorize the Cooperative Threat paign against narcotics cultivation and appointed Ms. Sotomayor as the first Reduction Program, providing an addi- trafficking and against terrorist orga- Hispanic judge to the U.S. District tional $10 million for new initiatives nizations involved in such activities. It Court in New York State. outside the former Soviet Union. We also recommends a $30 million increase Eight years later, President Clinton provide $3 million for chemical weap- in funding for high priority National elevated her to the U.S. Court of Ap- ons demilitarization in Russia and else- Guard counternarcotics programs. peals, where she serves today.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.024 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7600 CONGRESSIONAL RECORD — SENATE July 16, 2009 Throughout her distinguished career, CLIMATE CHANGE entists say is a very serious problem Judge Sotomayor has been a prudent Mr. DORGAN. Mr. President, in re- for the future of this planet and the se- and thoughtful jurist. She has con- cent days and weeks, the House of Rep- curity of our civilization. Most of our stantly exhibited the highest standards resentatives has passed legislation energy is fossil energy. That’s the car- of fairness, equality, and integrity. sponsored by Congressman WAXMAN bon from plants that has accumulated I was proud to write to President and Congressman MARKEY, called the as coal and oil over millions of years. Obama on May 15 urging her nomina- American Clean Energy and Security As we burn these fossil fuels to power tion. However, it is not simply Judge Act of 2009, that deals with the issue of our economy, we release that carbon Sotomayor’s wealth of legal experience climate change. And more specifically, back into the atmosphere. The accu- and long public record that make her it deals with taking steps to mulation of these greenhouse gases the best possible candidate for the Su- decarbonize the energy use in this warm the planet and cause other harm- preme Court. Her life story will make country in order to protect the planet. ful consequences. Therefore, we need to her a dynamic and thoughtful addition I support the goals of a low-carbon try to find a way to decarbonize our en- to that august body. future by decarbonizing our energy ergy to bring about a low-carbon fu- Born into relative poverty and raised sources to reduce emissions of green- ture, and thereby lower our emissions in a housing project in the Bronx, house gases into the atmosphere. The of CO2 into the atmosphere. young Sonia’s childhood was remark- scientific consensus is that by main- So how do we do that? Well, as I indi- able in that it was overwhelmingly taining our current course of burning cated, the House of Representatives normal. She was not a child of privi- fossil fuels and emitting greenhouse has written a bill, Waxman-Markey. It lege. Yet she had come to value her gases we are threatening our planet is a 1,427-page bill, and very, very com- cultural traditions while also embrac- with future warming. So I support the plicated, I might add. ing the need for judicial objectivity goal of trying to deal with this issue of and legal impartiality. This delicate climate change. Let me describe another path. The balance is precisely what will make her The question is, how do we address Senate Energy Committee worked to such an important voice on the Su- it? How do we move forward to meet write a new Energy bill. It was com- preme Court. this challenge? The House of Rep- pleted some weeks ago and passed with As we consider her nomination, we resentatives has established one ap- bipartisan support. must bear this in mind. When we evalu- proach. I think we need to explore Let me describe just a bit of what we ate the makeup of the Court, we seek other approaches that still achieve the have done in that Energy bill: We in- to build dissent rather than consensus. goal of reducing our carbon emissions. cluded provisions to reduce our depend- We seek to engender debate among its This is a very big issue with con- ence on foreign oil; increase domestic members. Diversity—of prospective, of sequences for virtually all Americans— production of electricity; electrify and background, of opinion—lends legit- for families, for businesses, and for our diversify our vehicle fleet; create a imacy and integrity to judicial rulings. climate. transmission superhighway so we can Throughout her career, Sonia The question for us is: How do we produce renewable energy where it is Sotomayor has proven herself to be a move forward in a way that allows us most plentiful, and then put it on the moderate, restrained judge whose rul- to use our energy resources in a such a transmission grid to move it to the ings are bound by the weight of prece- way as to protect the environment and load centers where it is needed; and dent. Judgment must remain free from grow the economy? train our energy workforce of tomor- passion, but passion for the law cannot Now, we all wake up in the morning row. be lost. Ms. Sotomayor carries with her and begin our day taking energy for These are just a few of the things we a lifetime of that passion—something I granted. One of the first things we do, have done. We establish a national re- consider a valuable asset. for example, is flick a switch and a newable energy standard of 15 percent As a Supreme Court Justice, Judge light comes on, plug in a hair dryer, or by 2020. And I believe the standard Sotomayor will bring much-needed di- turn on the toaster oven. In so many needs to be stronger. But the fact is, versity and a rich understanding of the different ways, virtually everything we this is the first time the Senate has American dream to every opinion she do involves using energy. We get in our sent a clear signal by demonstrating writes. All that she has she has cars and drive to work, or we get on a support for such a standard. This achieved on her own merit, and it is subway. In both cases, we are using en- standard says: We want to maximize this relatable quality that will lend ergy. And no doubt about it, we are the production of renewable energy, fresh perspective to the Court. using a lot of energy. which means a carbon-free energy I applaud President Obama’s nomina- The current Secretary of Energy, Dr. source. tion of Judge Sotomayor. As her con- Chu, is a Nobel Prize-winning scientist. We are producing green energy when firmation hearings continue, we must I once heard him use the following we take energy from the wind, gather ensure they are tough but fair. We analogy to describe how we use energy energy from the Sun, and put that elec- must hold her to the same standard to today. He talked about going back a tricity on a transmission grid to send which we would hold any nominee. And couple thousand years. For most of it to where it is needed. This is an es- just as the Senate has confirmed her human history, we move no faster than sential step to building the low-carbon twice before, I am confident we will do a horse could take us. A couple thou- economy we need to address the threat it once again, with strong bipartisan sand years ago, if someone wanted to of climate change. And our energy bill support this time. go out and find something to eat, he does so much more to set the stage for It will be an honor for me to cast my got on a horse. helping address climate change. vote in favor of her confirmation when These days, of course, times have the time comes. I look forward to the changed. We still use horses, but in a When we talk about energy, climate day when she takes her rightful seat on different way. We measure the power of is one of the twin challenges that we the bench in the highest Court in our our engines in horsepower. If one wants need to address. With respect to the land. to go get a loaf of bread, then we sim- vulnerability of our country, we must Mr. President, I yield the floor. ply jump in a truck and crank up about also consider our energy insecurity. It I suggest the absence of a quorum. 270 horses, and away we go to the gro- is the case that we import 70 percent of The PRESIDING OFFICER. The cery store. our oil coming from off our shores. We clerk will call the roll. We never think much about the ad- need to put into place an energy policy The bill clerk proceeded to call the vantage of having energy at our com- that will make us less dependent on roll. mand at almost any moment, and we foreign oil. One way to reduce our oil Mr. DORGAN. Mr. President, I ask certainly don’t think—and haven’t dependence is to electrify our vehicles. unanimous consent that the order for thought very much—about what the Moving toward an electric drive trans- the quorum call be rescinded. use of that energy does to the climate. portation system has the benefit of re- The PRESIDING OFFICER. Without So here we find ourselves in the year placing foreign oil with domestic elec- objection, it is so ordered. 2009 with what the vast majority of sci- tricity. Further, as we decarbonize our

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But perhaps trillion-dollar market for car- able energy, the Energy bill expands what I have difficulty with is not the bon securities. It would not be long be- the production of energy in this coun- goal. I am for a low-carbon future. I be- fore the same investment banks and try by opening some areas that have lieve we are going to move in that di- hedge funds will all be engaged in trad- not been opened in the eastern Gulf of rection, and I will support that goal. ing carbon derivatives, swaps, and you Mexico to oil and gas development. As I do not support, however, estab- name it. my colleagues know, natural gas is a lishing a new trading system for car- I happen to think that makes no cleaner-burning and lower carbon fossil bon securities, as would be the case sense at all. The New York Times said: fuel. We need to increase production of under the 400-page cap-and-trade provi- Managing emissions has become one of natural gas where it is appropriate. So sion of the House bill. Let me describe the fastest growing specialties in finan- the Energy bill does many things to why. cial services. Investment banks like move toward the low-carbon future we In my judgment, there are better Goldman Sachs and Morgan Stanley need to ensure the security of our plan- ways to deal with these issues than es- have rapidly expanded their carbon et and our nation. tablishing a very substantial carbon se- businesses. So I believe we ought to take up the curities trading system. Such a system I am told, by the way, that most of piece of legislation we passed in the is ripe for the biggest investment the large investment banks right now Energy Committee, bring it to the banks and the biggest hedge funds in have created carbon trading units. floor of the Senate, debate it, and pass the country to sink their teeth into Charlotte Observer: Firms such as it. I have talked about this at some these marketplaces and make massive Goldman Sachs and Morgan Stanley al- length in recent weeks. I think the En- amounts of money. My profound feel- ready have carbon desks and teams . . . ergy bill we have produced is a signifi- ing about this is that we have seen now Peopling those carbon desks are the cant step toward addressing the cli- a decade in which many of these mar- former commodities traders or former mate change challenge. kets have been manipulated and have securitization or structured finance So it seems to me it would make failed to work at all with respect to the professionals—like many who’ve lost sense to do the energy piece first, get it market signals of supply and demand. I jobs at Wachovia (now Wells Fargo) to the President, and get it signed. have very little interest in consigning and Bank of America . . . The New York Times says in a news With that progress in addressing cli- our low-carbon future to a trading sys- story: As Congress gears up for a de- mate change in the bank, we should tem of carbon securities that will be bate on a national ‘‘cap-and-trade’’ then legitimately be able to boast controlled by the biggest trading com- program to limit greenhouse gas emis- about what we have done in a signifi- panies in the world. And it would not sions, resumes from Wall Street—or cant way to maximize the production be very long before these entities will from ex-Wall Streeters—are flooding of green energy from wind, solar, and have created derivatives, swaps, syn- into the Nation’s few carbon-trading biomass. This would not be an insig- thetic CDOs, and more. It will be a shops. nificant achievement. I think we ought field day for speculation, which I think Chris Leeds, the head of emissions to do that. is not in the interest of this country. trading, carbon trading at Merrell Second, I would like to discuss the Let me just describe something I Lynch, said carbon could become: one question of cap and trade or Waxman- think might be a harbinger of things to of the fastest-growing markets ever, Markey or some other carbon-con- come. Here is chart showing how oil with volumes comparable to credit de- straining piece of legislation for a mo- prices soared in 2008. We all remember rivatives inside of a decade. ment. Clearly, the Senate is going to what has happened to oil prices in the Louis Redshaw, head of Environ- deal with this issue. My preference last two years. They went from $60 a mental Markets Barclays Capital says: would be that we not take up the Wax- barrel up to $147 a barrel in day trading Carbon will be the world’s biggest com- man-Markey bill in its current form. I last July. Even as the price of oil was modity market, and it could become know a lot of work has gone into that going through the roof, the best ex- the world’s biggest market over all. legislation, but my preference would be perts looking at supply and demand So do we want to sign up for a future that we start to explore other direc- were predicting that the price of oil in which we consign our ability to con- tions. would only slowly increase over many strain carbon and protect this planet It is not that I oppose capping car- months. They said: Well, here is where by creating a carbon securities market bon. I believe we need to move toward we think the price of oil is going to be. that, in my judgment, would likely a low-carbon future. I believe we will Straight on across, through the end of subject us to the same vision of the have to cap emissions of carbon. The the year. Here is what they suggested last decade with unbelievable specula- question is what are the appropriate in May of 2007, and here is the price. tion, movements in markets that seem targets and timelines that would allow The fact is, the price of oil shot up completely disconnected from supply us to mitigate climate change and at like a roman candle. Here is what they and demand? That is not a future I the same time, prevent a substantial suggested in January 2008. Here is the want to see happen. disruption to our economy. We have to price they predicted, but the price went There are other ways of capping car- be careful to avoid creating targets and up much more quickly. Why is it we bon and addressing these issues. I want timelines for reducing CO2 emissions have an oil futures market in which to be clear, I am for capping carbon. I that are simply unachievable. supply and demand doesn’t determine am for a low-carbon future, but, in my We have a lot of people across this where the price goes? The price goes judgment, those who would bring to country who are doing inventive right off the chart, and yet supply was the floor of the Senate a replication of work—interesting, world-class, cut- up and demand was down. what has been done in the House, with ting-edge research. They are working So what we saw in the oil futures over 400 pages describing the cap and to create the next generation of tech- market last year should be a wake-up ‘‘trade’’ piece, will find very little nologies that could unlock the oppor- call. This included speculators engaged favor from me, and I expect from some tunity of capturing and sequestering in about two-thirds or three-fourths of others as well. There are better, other, carbon dioxide, or developing ways to all the trades. They were trading at 20 and more direct ways to do this to pro- beneficially reuse CO2. These tech- to 25 times the amount of oil that is tect our planet. nologies hold the promise of allowing produced every single day, and creating I have been to the floor many times us to continue to use our abundant fos- an orgy of speculation as shown by the talking about what has happened with sil fuels while protecting our environ- red line on this chart—and by the way, credit default swaps, what has hap- ment. I am convinced—absolutely con- it went right down like a roller coast- pened with CDOs, what has happened

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In her infa- emissions trading at Merrill Lynch swered the questions from the perspec- mous 2001 speech, she said that ‘‘a wise saying carbon could become one of the tive of the job she has, not the job she Latina woman’’ would ‘‘more often fastest growing markets, with volumes has been nominated for. As a member than not reach a better conclusion comparable to credit derivatives. of the district or circuit court, she than a white male.’’ This shows a clear Think of this, the unbelievable vol- must rely heavily on precedent. How- method of her thinking and indicates umes of credit derivative swaps that ever, as a Justice of the Supreme she accepts the idea that personal ex- most people couldn’t even pronounce Court, she is in the position to set periences and emotions influence a and didn’t know existed, and it turns precedent. When I asked her simple judge’s rulings, rather than the words out we had tens of trillions of dollars questions about how she would treat of the law and the Constitution. worth of these things, and worldwide certain subjects, she retreated to say- She used the ‘‘wise Latina woman’’ these products were supposedly worth ing that she would use precedent to de- phrase in at least four other speeches, hundreds of trillions of dollars. cide how to proceed. I found this unsat- most recently in 2004. The fact that it Frankly, I think it is not in the coun- isfactory because she would be setting was repeated so often indicates that try’s interest to establish a new finan- precedent as a member of the Supreme she believes it. She has said that the cial market and to have the same play- Court. In fact, throughout her nomina- notion of impartiality on the bench is ers engage in the same games that tion process I have seen her sidestep di- ‘‘an aspiration’’ and has gone on to gamble on this country’s future. rect questions time and time again. We claim that ‘‘by ignoring our differences I think two things: No. 1, there is a have seen this happen numerous times as women or men of color we do a dis- piece of energy legislation that is during her hearing before the Judiciary service both to law and society.’’ When ready to come to the floor, passed by Committee. I think we deserve answers President Obama began discussing the Energy Committee, that moves in to these questions and we have not got- what sort of person he wanted to nomi- the direction of addressing climate ten them. nate to Supreme Court, he put a pre- However, we can learn about her change. We ought to get the benefit of mium on the nominee having ‘‘empa- views and how she might perform on that legislation and pass that bill thy.’’ Well, it appears that he got his the Supreme Court by studying her along to the President for signature. It wish. maximizes renewable energy, and there record. She has an extensive record, Empathy in and of itself is not a bad are a lot of things that will dramati- which includes 17 years as a judge and, thing. However, in this context it prior to that, time spent as a pros- cally reduce the impact of our carbon means that the law would lose out to a ecutor, in private practice, and as a footprint. justice who feels an emotional pull to member of groups such as the Puerto No. 2, those in the Senate who are rule one way or the other. Empathy be- working very hard and talking about Rican Legal Defense and Education longs best in legislatures, where it can the issue of climate change, and how Fund. This gives us much to look at, reflect the wishes of the people who we can take steps to cap carbon, and such as her decisions, speeches, and voted for the members of those bodies. what kind of a low-carbon future we other sources. I have studied these and This is not the job of the Supreme might be able to achieve. There are I would like to comment on them and Court, or any other court of law for some of us—and I speak only for my- her views. that matter. I do not have faith that self—who believe cap and ‘‘trade’’ in When I spoke on the nomination of Judge Sotomayor would fully respect terms of speculative carbon futures Chief Justice John Roberts in 2005, I the roles of the judiciary and the legis- markets makes no sense. We ought to pointed out the problem of the Su- lature. explore a carbon cap with different ap- preme Court and other judges trying to While understanding that the role of proaches. replace Congress and State legisla- I wanted to raise these concerns at tures. Important social issues have the Supreme Court is interpreting law this point, so that those who are work- been taken out of the political process instead of making it might be the most ing on the climate change bill and at- and decided by unelected judges. I can important quality of a Justice, there tempting to replicate the House ap- say with certainty that this was not will be times when precedent must be proach will understand that some of us the way the Founding Fathers and au- set and it is crucial that this is done will aggressively resist the carbon mar- thors of the Constitution intended for correctly. Now, I understand a nomi- ket ‘‘trade’’ side of cap and trade. it to work. nee’s hesitancy to discuss a case or The PRESIDING OFFICER. The Sen- The creation of law is reserved for issue that might come before them, but ator from Kentucky is recognized. elected legislatures, chosen by the peo- I do think they can explain their meth- Mr. BUNNING. Mr. President, I ask ple. The Supreme Court is not a nine ods for arriving at a conclusion. During to speak in morning business for up to person legislature created to interact the confirmation hearings of Justices 15 minutes. with or replace the U.S. Congress. Roberts and Alito, they were both will- The PRESIDING OFFICER. Without When judges and justices take the law ing to walk through their decision objection, it is so ordered. into their own hands and act as if they making process. However, Judge SOTOMAYOR NOMINATION were a legislative body, it flies in the Sotomayor has been unwilling to do Mr. BUNNING. Mr. President, today I face of the Constitution. Because of even this. It is unfortunate, but I have rise to speak on the nomination of this, whether in the Supreme Court or no basis to understand how Judge Judge Sotomayor to be a Justice on in lower courts, many people have lost Sotomayor will think through a case the U.S. Supreme Court. After much respect for our judicial system. This as a member of the highest court in the consideration, I cannot support this cannot continue to happen. In addition land. nomination. to obvious constitutional concerns, if Her views on race, as seen in the I have been following this process someday the public and the rest of the Ricci case, are troubling. The city of closely. I have been reading her rulings political system begin to tune out the New Haven decided to throw out the re- and her speeches. I have been watching courts and ignore their decisions alto- sults of their firefighter promotional her hearing at the Senate Judiciary gether, it would be grave for our coun- exam because they felt that not enough Committee. I met with her one on one try. minorities had passed it. Many who and was able to ask her questions. Un- During their confirmations, I felt passed that exam had made great sac- fortunately, I find her to be unsuitable that Chief Justice Roberts and Justice rifices to prepare for the test, including as a member of the U.S. Supreme Alito understood this. That is probably the lead plaintiff, Frank Ricci, who Court. the biggest reason why I voted for overcame a disability to pass it with The first problem I would like to dis- them. I am afraid that I cannot say the flying colors. Seventeen White and one cuss is her lack of direct answers to di- same about Judge Sotomayor. Hispanic firefighter filed suit that this

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.033 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7603 was reverse discrimination and Meir tigations of the law is that they af- are trying to force us to attach to the case eventually found its way before fected very important cases and very Defense authorization bill. The broad Judge Sotomayor at the Second Cir- important issues. For instance, the language will unnecessarily extend cuit. She dismissed their claims in a Ricci case could become the affirma- Federal law enforcement beyond its one-paragraph opinion that cited no tive action case of this generation, and constitutional bounds, it will under- precedent and was later roundly criti- it received only a one-paragraph anal- mine the effectiveness and confidence cized by judges of all stripes. Fortu- ysis from Judge Sotomayor. Her casual of local law enforcement, and it will nately, just last month, the Supreme treatment of the second amendment create conditions for arbitrary and po- Court overturned this erroneous deci- cases flies in the face of the efforts the liticized prosecution of certain cases. sion. Supreme Court has put in these deci- But instead of the practical problems, I Judge Sotomayor also has shown an sions. The U.S. Supreme Court is the want to focus on basic, fundamental unacceptable hostility to second last stop for important legal decisions, problems with Federal hate crimes leg- amendment rights. In the recent Heller and a Justice must provide explanation islation. Supreme Court ruling, it was found and insight to the country on how and The rule of law requires that we op- that the second amendment confers an why they ruled the way they did. Judge pose this amendment on principle. Jus- individual right to keep and bear arms. Sotomayor did not do that for these ex- tice is blind, and under the rule of law However, in two cases Judge tremely important cases. justice must be blind—blind to the su- Sotomayor has lent her name to ex- This will be the first time I have ever perficial circumstances of the victims tremely brief opinions that the second voted against a Supreme Court nomi- and the defendants. amendment is not a fundamental right. nee, and I am not happy I have to do The law says crime must be inves- Her rulings, and the lack of expla- so. However, it is the constitutional tigated and punished. There is no evi- nation on them, indicate that she is role of the Senate to provide confirma- dence to suggest that crimes defined by hostile to the second amendment and tion for this position and my duty as a this amendment as hate crimes are not will not protect it with the same en- Senator to be part of this process. On being prosecuted today. This amend- ergy as she might for any of the other viewing the record of Judge ment is, therefore, unnecessary as a nine amendments in the Bill of Rights. Sotomayor, I do not find her to be a matter of criminal law. She has not stated that she believes a suitable candidate for Justice of the There is no need, or even any law en- clearly spelled-out right, such as the Supreme Court of the United States forcement benefit, to create a special second amendment, is fundamental, and will vote against her whenever the class for crimes based on—and I quote but she is willing to recognize that Senate considers her nomination. from the amendment—‘‘the actual or something that is not clearly spelled I yield the floor. perceived race, color, religion, national out, such as a right to privacy, is fun- The PRESIDING OFFICER. The Sen- origin, gender, sexual orientation, gen- ator from South Carolina. damental. I fear that her appointment der identity, or disability of the vic- Mr. DEMINT. Mr. President, I have to to the Supreme Court could undo the tim.’’ Indeed, as a matter of justice, say there have been some amazing pro- this amendment is patently offensive. progress from the Heller decision that posals coming out of the House and the It is based on the premise that violence recognizes Americans have the right to Senate in the last few weeks in some committed against certain kinds of defend themselves. fairly desperate economic times, when Another area of concern is Judge victims is worse and more in need of job loss is at some of its highest rates Sotomayor’s views on the use of for- Federal intervention and swift justice in years, when borrowing and spending eign law in American courts. Less than have gone through the roof. It is pretty than if it were committed against 3 months ago, she said she believes amazing that we have come out with someone else. I am sure most parents ‘‘that unless American courts are more proposals, such as cap and trade, that of a minority, homosexual, or female open to discussing the ideas raised by are going to add huge taxes on elec- victim would appreciate the extra con- foreign cases, and by international tricity and other energy when we cern, but that also implies that certain cases, that we are going to lose influ- should be doing all we can to create crimes are better, for lack of a better ence in the world.’’ First of all, the more energy in our country and to word. Where does that leave the vast Court’s responsibility is to review the lower the cost, if possible, for Ameri- majority of victims’ families who, be- laws passed by the government that it cans. It is pretty amazing to me that cause of the whims of political correct- is a part of, not laws passed by a for- we would consider adding taxes and ness, are not entitled under this eign government. Second of all, if there cost onto the cost of living when so amendment to special status and at- is a foreign law that looks like a good many are out of work and we are in tention? How can a victim’s perceived idea, then an elected legislature should very difficult economic times. status or the perpetrator’s perceived consider it and, if it has merit, pass it Now we see this health care proposal opinions possibly determine the sever- into law. Judges should not be looking that the Congressional Budget Office ity of the crime? around the country or the globe for says is going to hurt our economy, it is The 14th amendment explicitly guar- laws they like and then try to imple- going to insure very few uninsured peo- antees all citizens equal protection of ment them. ple, and it will cost trillions of dollars. the laws. This amendment creates a Judge Sotomayor has a history of Again, at a time when we are having special class of victims whose protec- writing or signing on to brief and inad- difficulty paying the interest on the tion of the laws will be, in Orwell’s equate opinions that are not suitable debt we already owe, we have proposed phrase, more equal than others, and if for the gravity of the matters on which this massive expansion of government. some are more equal, others will be she is ruling. In the Ricci firefighter Here we are today supposedly dis- less equal; that is, this amendment will case I discussed earlier, half of the cussing funding for our whole defense create the very problem it purports to judges on her court criticized her opin- system in our country, the Defense au- solve. ion as ‘‘perfunctory disposition’’ that thorization bill, and the majority has Let’s talk about thought crimes for a ‘‘rests uneasily with the weighty issues decided to add on to that bill hate minute. This amendment will also presented by this appeal.’’ The opinion crimes legislation. They apparently move our Nation a dangerous step clos- was only one paragraph long. When the have scheduled a vote at 1 a.m. tomor- er to another Orwellian concept— Supreme Court issued its majority row morning for hate crimes legisla- thought crime. This legislation essen- opinion on that case, it was 34 pages tion in the middle of a defense author- tially makes certain ideas criminal in long. In one case I mentioned above, ization debate which should be bipar- that those ideas involved in a crime she joined the summary panel opinion tisan, should be focused on the defense make that crime more deserving of and discarded the idea of the second of our country, a clear constitutional prosecution. The problem, of course, is amendment as a fundamental right in a responsibility. But we are spending the that politicians are claiming the power one-sentence footnote. This is unac- day waiting for a cloture vote at 1 a.m. to decide which thoughts are criminal ceptable. tomorrow morning on hate crimes. and which are not. What is perhaps the most shocking There are many practical problems Canadians right now live under this about these exceedingly brief inves- with this hate crimes amendment they regime where so-called human rights

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JY6.003 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7604 CONGRESSIONAL RECORD — SENATE July 16, 2009 commissions operating outside the law were trying to pass a defense appro- As I understand it, the Obama admin- prosecute citizens for espousing opin- priations bill and they attached a $100 istration will propose an 18-month ex- ions with which the commissioners dis- billion giveaway to the International tension of the current highway pro- agree. This concern is only heightened Monetary Fund. In order to vote for gram, and I have absolutely no problem by the last section of this hate crimes the support of our troops, we had to with that. I plan to support that. The amendment which says it does not vote to give away another $100 billion key issue in my mind is how we pay for allow ‘‘prosecution based solely upon from American taxpayers. that extension, how we replenish the an individual’s expression of . . . reli- This hate crimes legislation makes trust fund, at least for the next 18 gious . . . beliefs.’’ no sense. It violates all the principles months. We faced this shortfall late Let me repeat that because we are of equal justice under the law. It last year, and unfortunately there was being told this would not affect anyone makes what we think and what we be- no good idea, no option presented ex- expressing a religious opinion or value lieve a crime, rather than what we do. cept to spend more money—borrowed judgment: It asks judges and juries to determine money—and increase the debt to keep Prosecution based solely upon an individ- what we were thinking when we were that trust fund going. ual’s expression of religious beliefs . . . committing a crime, instead of trying I suggest that with our debt rising so Two questions come to mind: First, if to decide what we really did. This is dramatically, with all of the actions the hate crimes amendment is really not what is carved above the Supreme this Congress has taken—the stimulus, just about law enforcement, why Court, which says ‘‘equal justice under the budget that doubles the debt in 5 should it even need a restatement of the law.’’ It violates all the principles years and triples it in 10—we need a the self-evident fact that religious ex- we have talked about as far as blind better solution than merely to print pression is constitutionally protected? justice, that a judge does not look at more money or borrow more money And second, why include the adverb who is in front of him but considers the from the Chinese. That is why I have ‘‘solely’’ if not to allow for the poten- facts of the case. introduced my proposal, S. 1344. That tial prosecution of people’s religious Hate crimes violate everything that bill specifically is called the Highway speech so long as it is part of a broader is essentially American and fair and Investment Protection Act. It would extend and reauthorize the highway prosecution of the accused hater? equal about a justice system. It makes Today, only actions are crimes. If we no sense to bring it up at all. It makes program for an initial 18 months, and pass this legislation, opinions will be- even less sense to bring it up under the it would fund that out of existing stim- come crimes. What is to stop us from Defense authorization bill. ulus dollars which have already been following the lead of European coun- I encourage my colleagues, particu- appropriated. Some may ask: What is the point of tries and American college campuses larly the majority, to withdraw this that? The point is real simple. If we use where certain speech is criminalized? amendment and let us move ahead with existing, already appropriated stimulus Can priests, pastors, and rabbis be sure the debate of the defense of our coun- dollars, we are not borrowing more their preaching will not be prosecuted? try. money, we are not printing more In Canada, for instance, Pastor Ste- I thank the Chair, and I yield the money, we are not borrowing more phen Boissoin was so prosecuted by Al- floor. The PRESIDING OFFICER. The Sen- money from the Chinese, and we are berta’s Human Rights Commission for not yet again increasing the deficit and publishing letters critical of homosex- ator from Louisiana. Mr. VITTER. Mr. President, I ask increasing the debt. That is very im- uality, a biblical concept. Or will this portant. We are also not increasing amendment serve as a warning to peo- unanimous consent to speak as in morning business. taxes, which is a horrible thing to do, ple not to speak out too loudly about particularly in the middle of a very se- their religious views lest the Federal The PRESIDING OFFICER. Without objection, it is so ordered. rious recession. law enforcement come knocking at One of the clear lessons from the HIGHWAY INVESTMENT PROTECTION ACT their door? What about the unintended Great Depression is the things you Mr. VITTER. Mr. President, in Sep- consequences, such as pedophiles and don’t do, which, unfortunately, leaders sex offenders claiming protected status tember of this year, just a couple of back then did, in some cases. One of as disabled under this legislation? months away, the highway bill—the the things you don’t do is to increase There is no such thing as a criminal program under which we build bridges taxes, which made the Depression far thought, only criminal acts. Once we and roads and highways around the worse and far longer in duration than endorse thought crimes, where will we country—is set to expire. Even more it otherwise needed to be. draw the line? And more importantly, worrisome, in August of this year— So this program doesn’t print more who will draw the line? next month—the highway trust fund, money, it doesn’t borrow yet more Let me talk a little bit about equal- which funds all of that activity, is from the Chinese, and it doesn’t raise ity and how it relates to this bill. If my scheduled to run out of money. So I taxes. That is the great advantage of own children were attacked in a vio- think—I hope—there is a broad con- it. lent crime, justice—true justice—de- sensus here that we need to act to con- In addition, it is specifically struc- mands that their attackers be pursued tinue the ongoing highway program. tured to give maximum flexibility to no more or less than the attackers of To not act—to allow the highway trust the Obama administration in terms of any other children. fund to run out of money, to allow the where to find those stimulus dollars. We also say we want a colorblind so- highway program to end—would be an So we don’t say specifically take it ciety—even Judge Sotomayor. But we enormous antistimulus for the econ- from this account, which they may cannot have a colorblind society if we omy because a lot of significant, pro- favor; take it from that account, which continue to write color-conscious laws. ductive infrastructure spending and ac- they may prefer. We give the Obama Our culture cannot expect to treat peo- tivity would just stop overnight. administration maximum flexibility. ple equally if the law, if the ruling So we must act, and I believe every- And I think virtually everyone ac- class treats citizens not according to one acknowledges that. What I am con- knowledges that at the end of the day, the content of their character but ac- cerned about is that we are going to go when the entire $800-plus billion stim- cording to their race, sex, ethnicity, or right up to the eleventh hour, to the ulus program is worked through, there gender identity. precipice, and then we are going to be will be over this amount of money that As we wait through the night to vote given one choice, and one choice only, remains unspent and unobligated. on this hate crimes bill, I encourage here on the floor of the Senate, rather There will be more than what is re- my colleagues, first of all, to set this than have a calm and reasoned debate quired for the next 18 months for the aside and let’s focus on it separately, if about the best way to act and the best highway trust fund—about $20 billion— it needs to be focused on. It is not part way to pay for that. So I strongly urge which cannot be spent out of the stim- of the Defense authorization bill. But the Senate to take up this matter ulus anyway. So this is simply cap- they are holding the Defense authoriza- sooner rather than later and to con- turing that money and using it to ex- tion bill hostage to other things, much sider all of the reasonable and all of tend this vital highway program and like we did a few weeks ago when we the available options. this important infrastructure spending.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.035 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7605 Several months ago, when we debated sider be laid upon the table, and that both sides of the aisle. I had hoped, and the stimulus here on the floor of the any statements relating to the bill ap- still hope, to do that on the complex Senate, there were many of us—Demo- pear at this point in the RECORD. issue of health care reform. crats and Republicans alike—who The PRESIDING OFFICER (Mr. Last Congress, I proposed Ten Steps wanted more infrastructure spending, UDALL of Colorado). Is there objection? to Transform Health Care in America. more highway spending in the stim- Mr. LEVIN. I object. I traveled 1,200 miles across my home ulus. It is very clear from every poll The PRESIDING OFFICER. Objec- State last March to bring my message that was published that the American tion is heard. of reform directly to the people of Wy- people felt that way. One of the abso- Mr. VITTER. Well, in light of the ob- oming. My message was built on the lute top categories of stimulus spend- jection, I would ask the distinguished belief that the American people needed ing money the American people sup- Senator from Michigan, if the Senator more choice and more control over ported was highway construction— would at least agree to a unanimous their health care. I put it together by roads, bridges, highways. So this is consent request to allow this bill to be working with people on both sides of very consistent with the idea of a the next order of business after the the aisle. I found a way to get coverage broad-based stimulus program. It is not current Defense authorization bill is for everybody if we did all 10 steps, and inconsistent with that at all. fully dealt with which would provide any one of them would increase access Again, the alternatives are to simply for limited time agreements and rel- and cut costs. move money from the general fund. evant germane amendments? Among other things, my plan at- That means we are borrowing more Mr. LEVIN. I object. tempted to level the playing field in money from the Chinese or whomever— The PRESIDING OFFICER. Objec- the tax treatment of health insurance in a sense, printing more money—or tion is heard. and also provide a helping hand to low- there may be a proposal to increase Mr. VITTER. Mr. President, in clos- income Americans in the form of sub- taxes to pay for it, which I believe, no ing, let me say that I think it is unfor- sidies to ensure access to quality, af- matter what the source, is a very bad tunate we don’t take up this serious fordable health insurance. My plan also idea in the middle of a serious reces- matter next after the Defense author- provided greater equity and ease to our sion. That is very antigrowth. ization bill and that we don’t take it Nation’s small business owners by al- My fear is that given our very con- up in plenty of time to look at all of lowing cross-State pooling. Each of my stricted busy schedule between now the reasonable alternatives. proposals targeted three fundamental and the August recess, this matter is I hope when we finally take it up, it goals: Increasing access to health care, going to be pushed to the very end, isn’t in a mad dash to the August re- reducing costs within our health care right before we are set to leave for the cess; that it isn’t under all of the nor- delivery system, and improving the August recess, and there will be one al- mal artificial pressure that is built up quality of care. ternative and one alternative only: where we must act in the next few As the only accountant in the Sen- Just print more money. Just borrow hours and we have one choice and one ate, I was and remain very concerned more from the Chinese. My fear is choice only. We have heard all that be- about the effect of any health reform there is going to be an attempt to rush fore. We have heard it before when we proposal on our Federal budget, as well that through the Senate, and I don’t were forced into quick consideration of as personal and family budgets. We all think that is the way to get the best the bailouts. We heard it about the want coverage for everyone, including result and the most consensual result stimulus. Now we are hearing it about preexisting and chronic conditions. We on this important issue. health care. want portability. We want health care, I propose we think about this now, Let’s try to do some things right and not sick care. sooner rather than later. I propose we not just quick. This has to be done be- I have continued my work on health discuss all the reasonable alternatives fore the August recess because the care reform this Congress. As the rank- and certainly look at the very com- highway trust fund will run out of ing member on the Committee on monsense alternative of using already money during the August recess. So Health, Education, Labor, and Pen- appropriated stimulus dollars—again, let’s take this up sooner rather than sions, a member of the Finance Com- no new debt, no new spending; use what later. mittee, and a member of the Budget has already been appropriated in the Let’s take this up right after the cur- Committee, I assumed a unique role in stimulus; give the administration max- rent Defense authorization bill on the the health reform debate this year. I imum flexibility in terms of how to do floor is dealt with and look at all the worked hard to foster a constructive that. available alternatives, including using dialogue with the members of all three Finally, I would also point out that stimulus funds already appropriated so committees, and I have met with the the bill is drafted very carefully, so we don’t raise taxes in the middle of a President and administration officials that within these 18 months, if the recession, so we don’t increase the debt to share ideas on how to best craft a Congress were to enact a new highway and so that we don’t borrow more strong bipartisan bill. As the debate on reauthorization program, a new money from the Chinese and print health care reform progresses in the multiyear program, this extension more dollar bills. The American people Senate, I continue to stand ready to would automatically dissolve and go are very fearful of that growing trend. work on this critical issue. As I have away and this money from the stim- With that, I yield the floor. noted many times before, this is likely ulus would automatically stop and The PRESIDING OFFICER. The Sen- to be the most important piece of legis- whatever the provisions of that new ator from Wyoming. lation that we will work on as Mem- multiyear highway bill would be would Mr. ENZI. Mr. President, I ask unani- bers of the Senate. It touches the life come into full force and effect. I urge mous consent to speak as in morning of every single American in a very real all my colleagues—Democrats and Re- business for such time as I might con- way. publicans—to consider this common- sume. Our health care system is approxi- sense approach. The PRESIDING OFFICER. Is there mately one-sixth of our Nation’s econ- In that vein, I would like to propound objection? omy, and the changes we make in it a unanimous consent request. Hearing no objection, it is so ordered. will ultimately affect the lives of every UNANIMOUS CONSENT REQUEST—S. 1344 HEALTH CARE REFORM single American. I have never worked I ask unanimous consent that the Mr. ENZI. Mr. President, many of my on a bill that was that extensive. It is Senate proceed to the immediate con- colleagues have called me an ‘‘eternal a sacred trust we have, and we must sideration of S. 1344, a bill to use stim- Optimist.’’ Since I entered the Senate not be moved by artificial deadlines ulus funds to protect the solvency of more than 12 years ago, I have consist- and short-term political consider- the highway trust fund; and I ask ently worked across party lines to find ations. unanimous consent that the technical new solutions and broker bills that I do not think a good bill and a bipar- amendment at the desk be agreed to; then become law. I have a long and tisan bill are mutually exclusive. To the bill as amended be read a third consistent track record of working in the contrary, I believe a health care re- time and passed, the motion to recon- good faith with my colleagues from form bill will need strong support from

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.039 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7606 CONGRESSIONAL RECORD — SENATE July 16, 2009 both sides of the aisle to gain the credi- way, driving up the cost of health in- ‘‘But the changes that we have looked at so bility and the support of our constitu- surance for most Americans and in- far do not represent the sort of fundamental ents. It is still my hope we can produce creasing total spending on health care. change, the order of magnitude that would a strong bipartisan health care bill I refer people to an article by Lori be necessary to offset the direct increase in federal health costs that would result from that upwards of 80 Members of the Sen- Montgomery in the Washington Post the insurance coverage proposals.’’ ate could support. I see that as a possi- today, ‘‘CBO Chief Criticizes Demo- Senate Majority Leader Harry Reid dis- bility. crats’ Health Reform Measures.’’ missed Elmendorf’s push for the benefits tax. I remain eternally hopeful we will de- Instead of saving the Federal Government ‘‘What he should do is maybe run for Con- liver the American people the strong from fiscal catastrophe, the health reform gress,’’ Reid said. bipartisan health care bill they de- measures being drafted by congressional But Senate Finance Chairman Max Baucus serve. But I have to tell you I am dis- Democrats would worsen an already bleak expressed frustration that the tax on em- appointed by the recent developments budget outlook, increasing deficit projec- ployer-funded benefits had fallen out of favor, in part because the White House op- of the House of Representatives and, tions and driving the nation more deeply into debt, the director of the nonpartisan poses the idea. Critics of the proposal say it more particularly, in the Committee of Congressional Budget Office said this morn- would target police and firefighters who re- the Senate on Health, Education, ing. ceive generous benefits packages. And if the Labor and Pensions. Under questioning by members of the Sen- tax is trimmed to apply only to upper in- Yesterday, on a party-line vote, 13 to ate Budget Committee, CBO director Doug- come beneficiaries, it would lose its effec- 10, the committee passed the Afford- las Elmendorf said bills crafted by House tiveness as a cost-containment measure. able Health Choices Act. But don’t let leaders and the Senate health committee do ‘‘Basically the president is not helping,’’ the name fool you because, with a $1 not propose ‘‘the sort of fundamental said Baucus. ‘‘He does not want the exclu- sion, and that’s making it difficult.’’ trillion pricetag, the bill is anything changes that would be necessary to reduce the trajectory of federal health spending by But he added, ‘‘We are clearly going to find but affordable. a significant amount.’’ ways to bend the cost curve in the right di- Unfortunately, the HELP Committee ‘‘On the contrary,’’ Elmendorf said, ‘‘the rection, including provisions that will actu- chose to gallop down a path of par- legislation significantly expands the federal ally lower the rate of increase in health care tisanship. Despite my strong urging responsibility for health care costs.’’ costs.’’ that we start with a blank piece of Though President Obama and Democratic Ideas under consideration include health- paper, HELP Committee Republicans leaders have said repeatedly that reining in care delivery system reform; health insur- ance market reform; and empowering an were presented with roughly 600 pages the skyrocketing growth in spending on gov- ernment health programs such as Medicaid independent agency to set Medicare reim- of longstanding Democratic policies. It and Medicare is their top priority, the re- bursement rates, an idea the White House is seems not a single Democratic member form measures put forth so far would not ful- shopping aggressively on Capitol Hill. of the committee was told no, as every fill their pledge to ‘‘bend the cost curve’’ But Baucus is not giving up on the benefits pet project was included in this bill. downward, Elmendorf said. Instead, he said, tax. ‘‘It is not off the table, there’s still a lot Because Republicans were shut out of ‘‘The curve is being raised.’’ of interest in it,’’ Baucus said. the drafting process, we were forced to The CBO is the official arbiter of the costs I would mention the members of the file hundreds of amendments. Unfortu- of legislation, and Elmendorf’s stark testi- committee are still working to find mony is certain to undermine support for the nately, of the 45 committee rollcall that bipartisan match, but it does take measures even as three House panels begin time. There are so many moving parts votes on Republican amendments, 2 debate and aim to put a bill on the House were successful. There were a number floor before the August recess. Fiscal con- to this bill. But the partisan HELP bill of amendments that were accepted, but servatives in the House, known as the Blue breaks the President’s promise, ‘‘if you they fall more in the category of proof- Dogs, were already threatening to block pas- like what you have, you can keep it.’’ reading amendments and some slight sage of legislation in the Energy and Com- The scorekeepers report the bill would changes. merce Committee, primarily due to concerns force millions of Americans to lose President Obama has repeatedly about the long-term costs of the House bill. their health care plan they have and Cost is also a major issue in the Senate, like. Several Republican members of- called for a health care bill that will where some moderate Democrats have joined reduce costs. He has called for a bill Republicans in calling on Obama to drop his fered amendments that aimed at ensur- that will help every American get ac- demand that both chambers approve a bill ing Americans who like the coverage cess to quality health care, a bill that before the August recess. While the Senate they have they can keep it, but they allows people who like the care they health committee approved its bill on all suffered the same failing fate. have to keep it, a bill that will not in- Wednesday with no Republican votes, mem- The partisan HELP bill kills jobs and crease the deficit. Republicans strongly bers of the Senate Finance Committee were cuts wages. The nonpartisan Congres- support those goals. Unfortunately, the still struggling to craft a bipartisan measure sional Budget Office concludes the bill that does more to restrain costs. will result in lower wages and higher HELP bill does not meet any of them. The chairman of the Senate Budget Com- In my view, and graded on the cri- mittee, Kent Conrad (D–ND), has taken a unemployment. These jobs and wage teria specified by the President, the leading role in that effort. This morning, cuts would hit low-income workers, bill voted out of the HELP Committee after receiving Elmendorf’s testimony on the women, and minorities the hardest. It fails on all counts. The bill breaks the nation’s long-term budget outlook, Conrad is hard to believe that with unemploy- President’s promises and falls short on turned immediately to questions about the ment at a generational high, Demo- achieving the commonsense goals the emerging health care measures. crats on the committee will even con- Republicans and President share. In- ‘‘I’m going to really put you on the spot,’’ sider putting more jobs on the chop- Conrad told Elmendorf. ‘‘From what you stead, the partisan HELP bill adds $1 ping block. have seen from the products of the commit- Despite passage of the so-called stim- trillion to the deficit, despite the tees that have reported, do you see a success- President’s promise that health care ful effort being mounted to bend the long- ulus bill earlier this year, Americans reform must and will be deficit neutral. term cost curve?’’ are facing the highest unemployment The bill increases that deficit by more Elmendorf responded: ‘‘No, Mr. Chairman.’’ rate in 26 years. At the same time, the than $1 trillion over 10 years. It is not Asked what provisions would be needed to HELP Committee and the House Demo- as bad as the House bill. It is my un- slow the growth in federal health spending, crats are attempting to impose new derstanding that increases it by $4 tril- Elmendorf urged lawmakers to end or limit taxes on small employers that will the tax-free treatment of employer-provided eliminate jobs for low-income minority lion over 10 years. Maybe it is just health benefits, calling it a federal ‘‘subsidy’’ more honest, because there are ways to that encourages spending on ever more ex- workers. avoid a cost by phasing in authoriza- pensive health packages. Key senators, in- The partisan HELP bill raises taxes tions and by using such sums in au- cluding Conrad, have been pressing to tax at the worst possible time. Despite sev- thorizations—little tricks of budgeting employer-provided benefits, but Senate lead- eral amendments offered by Republican that avoid the score. But this is on the ers last week objected, saying the idea does members, which the Democrats de- heels of news last week from official not have enough support among Senate feated on party-line votes, the bill scorekeepers that the Federal budget Democrats to win passage. breaks President Obama’s promise not Elmendorf also suggested changing the to raise taxes on individuals earning deficit was $1.1 trillion for the first 9 way Medicare reimburses providers to create months of fiscal year 2009. incentives for reducing costs. less than $250,000 per year. The bill According to scorekeepers, this bill ‘‘Certain reforms of that sort are included would impose a new tax on people with- will bend the cost curve the wrong in some of the packages,’’ Elmendorf said. out health insurance. The partisan

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.041 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7607 HELP bill allows Washington bureau- In short, the HELP Committee bill the last century, too many Americans crats to ration health care. The bill costs too much, covers too few, and if today are still subjected to discrimina- lays the groundwork for a government you like what you have you can’t keep tion, violence, and even death because takeover of health care, giving Wash- it. Under this bill, if you like your job, of who they are. That is why I have ington bureaucrats the power to pre- you may not be able to keep that ei- joined with many of my colleagues as a vent patients from seeing the doctor ther. With all these bad policies comes cosponsor of the Matthew Shepard they choose and obtaining new and in- a $1 trillion pricetag. That is $1 trillion Hate Crimes Prevention Act. This is a novative medical therapies. this country cannot afford right now commonsense, bipartisan bill that will I could go into the cost effective- and a trillion reasons why it is a bad stand up for the victims of hate crimes ness—the clinical effectiveness re- bill for America. We have not even and their families. search, but I will not go into the de- talked about clinical effectiveness or I am glad it has been offered as an tails of that at this time. But that is a some other programs that were not ac- amendment and that we will now have way that care could be rationed. How tuarially sound. a chance to act on it this week. It do we know? We tried a bunch of As I said at the beginning of the takes only a quick glance at a news- amendments that would specify what speech, I am an eternal optimist. De- paper to see places around the world could not be rationed, and every one of spite my comments on the perils and where people are regularly attacked those was defeated. policies in the HELP bill, we still have because of their religion or the color of The partisan HELP bill traps low-in- a chance. We can write a good bill, a their skin or their sexual orientation. come Americans in a second-tier bill that ensures every American has It is important to remember that even health care program. Despite several quality, affordable health care; a bill though we in America have made great amendments, the other side refused to that is fully paid for with savings ex- strides in reducing discrimination, give Medicaid patients the choice to clusively from health care; a bill that there is still plenty of work to be done. access higher quality care. reverses the cost curve; a bill that lets I am proud we are working toward end- The other side claims to support giv- Americans keep what they have if they ing these crimes once and for all in the ing patients choices but when the like it; a bill the American people de- memory of Matthew Shepard. Matthew, as many of my colleagues choice is a new government-run health serve. We are working on that now. We have stated, was a 21-year-old college plan. However, they refuse to give low- are trying to put together that bill, but student who was murdered because of income Americans the chance to get it takes time. his sexual orientation. That crime was out of the worst health care programs Those are all things that can be done. not prosecuted as a hate crime because in the country. One way to enact real change is to sit there was no applicable State or Fed- I would mention government-run pro- down and work out the details. Health eral hate crimes law that covered sex- grams, instead of giving the lowest in- care is complicated. The laws of unin- ual orientation. Just this year we were come Americans a choice to enroll in tended consequences are severe and un- all saddened by a horrific shooting of a private insurance with subsidies, the forgiving. We cannot rush into some- security guard at the Holocaust Mu- HELP Committee bill forces them to thing that will change one-sixth of our seum in Washington, DC, a few blocks stay in a program where 40 percent of Nation’s economy and affect 100 per- away. the physicians will refuse to see them cent of Americans. We must take our But those are only two examples. and the care they receive will be worse time and get the policies right. And not all of these terrible hate than what is available through private I have heard reports of White House crimes make headlines. In 2007, the last health insurance. staff calling the HELP Committee bill year for which the FBI has statistics, I have to remind you, if you cannot a bipartisan bill. I heard White House there were over 9,000 hate crime of- see a doctor, you don’t have health staff say this bill incorporated Repub- fenses. The thousands of people who care. lican ideas. White House staff speak for have been victimized by hate crimes Instead of reducing health care costs, the President, not for Senate Repub- each receive inadequate protection the partisan bill will spend billions of licans. under the law, and that is simply un- taxpayer dollars on new porkbarrel I can tell you as the ranking Repub- conscionable. That is why this amend- spending. The bill would build new lican on the HELP Committee, the par- ment we are considering this afternoon sidewalks, jungle gyms, and farmers tisan vote speaks for itself. Republican is long overdue. markets through a mandatory spend- ideas were excluded from the process This amendment would strengthen ing $80 billion slush fund. That is just and from this legislation. We have five our existing laws by providing the Jus- the first 10 years, which is delayed 2 bills that have ideas that would meet tice Department with additional tools years; otherwise, it would be $100 bil- the goals of the President and the ones to investigate and prosecute crimes lion. That is for additional porkbarrel I have stated. Parts of those were con- that were committed based on a vic- projects. sidered; most were rejected. tim’s race, color, national origin, reli- Talk about a rating system. A rating I passionately want to reform our gion, sexual orientation, gender iden- system is how much difference you health care system to improve quality, tity, or disability. have between the low age and the high reduce costs, and increase access. I Communities across the country age, the more well and the sicker peo- think the HELP Committee legislation have been working to respond to hate ple. That is being compressed dramati- fails to meaningfully address those crimes, and State and local law en- cally, which will raise the rates for vir- goals and sticks the American people forcement continues to bear the re- tually everybody in America. with a bill we cannot afford. I hope we sponsibility for prosecuting the bulk of The partisan HELP bill preserves the can get back to work and construct these crimes. This is not a Federal costly, dangerous, medical malpractice real reform that has the support of the takeover. However, States and local- system. Again, despite several blocked American people. ities would greatly benefit from the attempts by multiple Republican com- I appreciate the openness that Sen- help the Federal Government can pro- mittee members, the bill fails to re- ator BAUCUS has had in dealing with vide. If a State or local community is duce medical lawsuits which drive up Finance Committee members and am unable to prosecute a hate crime, this the cost of health care and force doc- optimistic eternally that something amendment would mean the Federal tors to order wasteful tests and treat- good can come out of it. Government could lend a hand. ments to cover liabilities. I yield the floor. This amendment would provide a The bill worsens doctor shortages. The PRESIDING OFFICER. The Sen- number of other tools to help end hate According to an analysis by the De- ator from Washington is recognized. crimes. It would provide States and partment of Health and Human Serv- AMENDMENT NO. 1511 local governments with grants de- ices, the bill would worsen the Nation’s Mrs. MURRAY. Mr. President, in signed for hate crime prevention. It primary care physician shortage by every corner of our country, commu- would expand data collection about providing fewer medical students with nities have been working to end hate hate crimes so that law enforcement financial assistance in return for work crimes. Despite the great gains in will have more information to help pre- in underserved areas. equality and civil rights throughout vent prejudicial crimes committed

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.042 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7608 CONGRESSIONAL RECORD — SENATE July 16, 2009 against women. It would expand the with the staff and everything else. So I care and by Medicaid, if, in fact, you legal definition of what a hate crime is, thought I better get it off my chest. would do what the President has sug- allowing for stronger prosecution and This article is patronizing. It is con- gested, and maybe take some money— more cases for a violent crime that is descending. The bad part about it is it ‘‘eyes the purse strings for Medicare,’’ clearly motivated by hatred. is egregious in nature and effect at a Medicare being a target, Medicare In that way, this amendment would crucial time in the health care debate, being the service for seniors. Wake up, put into law what we already know, and that is most unfortunate. seniors. Wake up, AARP. Wake up, ev- that crimes are different when they are The author of this article describes eryone else in the health care field. We motivated by discrimination. Burning what she sees as ‘‘one of the most effec- are targeting Medicare. down a building is a horrible crime. tive and lucrative forms of constituent My word, if any Senator had come But that crime takes on a new char- service,’’ i.e. setting reimbursement down here except during these last 6 acter when that building is a church or rates for local hospitals, doctors, home months and said: Let’s cut Medicare by a synagogue or a mosque. health care centers, and other health 10 percent, they would have been exco- It is wrong when one person attacks care providers. riated by this newspaper for hurting another person on the street, for sure. Oh, I wish I had that power, as op- senior citizens. But it has a different meaning when vi- posed to CMS, which is the subagency, Well, in my State of Kansas and in olence occurs because the victim is a the acronym agency for the Depart- other rural States across the country, different race, or religion, or sexual ment of Health and Human Services, we do not have a private market to orientation. that does set reimbursement rates for shift those losses to. Our rural areas do We cannot stand idly by while Ameri- all health care providers in the United not have the population base to sup- cans are subjected to discrimination, States. port such a cost shift as $90 billion as violence, and even death, simply be- The author continues, accusing happens in the rest of the country. In cause of who they are. Passage of this ‘‘longtime Members of Congress’’ of addition, the folks in these towns are amendment would be another major such atrocities as ‘‘championing New much more likely to depend on Medi- victory for equal rights in our country. York City’s teaching hospitals’’ and care or Medicaid or to simply be unin- I come to the floor this afternoon making sure ‘‘rural health services are sured. In short, without some sort of simply to urge our colleagues to sup- amply funded.’’ In this author’s mind, special payment from Medicare, these port this amendment when it comes to these hospitals and other providers are hospitals would not survive. a vote later this afternoon. ‘‘flush.’’ Flush with Medicare cash as a You tell me, Washington Post, what I yield the floor. result. you would say to the residents of The PRESIDING OFFICER. The Sen- I must admit in my 28 years in Con- Smith Center here, top center in Kan- ator from Kansas is recognized. gress, I have absolutely been one of sas. What would you say to the resi- Mr. ROBERTS. Mr. President, I ask those dastardly Members intent on dents of Smith Center if their hospital unanimous consent to speak as in making darn sure that the rural health closed? morning business. care delivery system can remain alive The PRESIDING OFFICER. Without and serve our people, even if it has to Smith Center is a great town, close objection, it is so ordered. be kept on life support, which is the to the geographic center of the lower 48 States, has a population of a little less MEDICARE REIMBURSEMENTS true characterization of what we face. Mr. ROBERTS. Mr. President, I find I wonder, since it never appears any- than 2,000 people. They have a great myself in a rather unique position where in the person’s article, in her ar- football team, high school football pro- here. If you look in the bio sections of ticle, if the author of this piece is gram, Smith Center Redmen, the pride all of the outfits that keep herd on us, aware that the average Medicare reim- of north central Kansas, one of the they will record me as a journalist. bursement rate for doctors is about 80 greatest small town football teams in That is an unemployed newspaper man, percent of what the commercial mar- America. by the way. ket pays or that Medicare only pays The town is served by the Smith But I have a great family tradition in about 70 percent of the market rates County Memorial Hospital, a critical journalism, three generations, four for hospitals. That is why we have hos- access hospital with 25 beds. For those generations, actually, of the Roberts pital after hospital after hospital for of you who are unfamiliar with the ter- family and the State’s second oldest decades in Kansas passing bond issues minology, a critical access hospital is a newspaper in Kansas. I still carry just to keep their doors open. These are rural hospital with 25 beds or less around my reporter’s notebook, have not flush places. These are not posh which is at least 35 miles away from great respect for those of the fourth es- places in regard to hospitals. another hospital and which provides 24- tate. We shine the light of truth with Then I go back to the fact that doc- hour emergency services. our own individual flashlight. tors get paid 80 percent. That is why Critical access hospitals get special I do not think I have ever done this doctors, many of them, are refusing to treatment under Medicare. They get in 28 years of public service, but I am take—in regard to Medicare—patients. paid 101 percent of their costs for inpa- irritated. I am more than irritated. I And that is that terrible word that peo- tient, outpatient, and swing-bed serv- rise today to clear up some recent fla- ple say is too scary, that is called ra- ices. I probably should not mention grant mischaracterizations about tioning, that when we set a reimburse- that or this reporter might run out to Medicare payments, especially since ment rate, we, meaning the CMS—no, Smith Center and say: My goodness, the Medicare payments are now being not individual Members of Congress, as you are getting 101 percent. Sure. She used as a target as a pay-for for the the article infers—but these agencies should go out and take a look, and talk health care reform, the alleged health cannot reimburse doctors enough so to the hospital administrator and the care reform that Senator ENZI was they can make a living, or other health people in that hospital. talking about, specifically the state- care providers, that they cease pro- In other words, they do not get the ments made on the front page of to- viding Medicare to seniors. usual 70 percent of the market rate re- day’s Washington Post, the fountain of What does the senior do then? Well, imbursement for Medicare, for a very all knowledge here in Washington, in they are in a very difficult situation. good reason, because of the distances an article entitled ‘‘Obama Eyes the How do you think these providers sur- they would have to travel. Without the Purse Strings for Medicare.’’ vive? The answer is that they shift that critical access hospital program, the I would describe this article—I read loss onto the private market to the closest hospital for the residents of it. I read it again. I was a relatively tune of nearly $90 billion a year. Smith Center would be all the way in happy person, watching the weather—I Let me repeat that. Everybody who Hays, KS, America, right down here 90 do not watch the news much—had my goes to the hospital, everybody who miles away. You tell me what a per- cup of coffee, was going to turn to the goes to a doctor and has private insur- son’s chances of survival are after a car sports pages. Then I happened to ance, you are paying $90 billion a year accident or a tractor accident if they glance at this, read it, and ruined my in a hidden tax in regard to the people have to be driven 90 miles away for whole morning. I came in, I was mean who basically are not covered by Medi- emergency care.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.044 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7609 Smith County Memorial is just one Flush with Medicare cash? I think people’s house talking with mucky- of 83 critical access hospitals in Kan- not. mucks on the various committees. sas. They are absolutely essential to Look at this hospital. Do you see Those are people with the seniority. I the very lives of the people in rural anything that would lead to a descrip- used to be one of those. I used to be America. Indeed, they are essential to tion of this sort? I am not too sure any- somebody. But I urge her to talk to the very existence of rural America at body is going to give up their vacation. Members who represent rural areas and all. They have the finest people in the the rural health care delivery system I have the privilege of being the co- world. That is our best commodity in and understand that this is not a ques- chairman of the Rural Health Care rural areas. I am not picking on Smith tion of this hospital having flush pay- Caucus, along with TOM HARKIN of Center. They are doing a fantastic job ments. They are hanging by their fin- Iowa. We are fighting tooth and nail, with the resources they have. But it gernails just to keep open. It is not holding on by our fingernails to exist, just makes me very angry that a Wash- true that Members of Congress, even to provide care to the people who live ington, DC, paper and reporter would the distinguished Presiding Officer and in these small communities. demonize a program that keeps rural anybody else who might happen to be I am happy to admit it, I am happy America’s heart beating. It is a patron- listening to my remarks, the great to admit to this reporter—I hope she izing and dead-wrong description, and Senator THUNE standing to my rear comes in for a cup of coffee. I would be it offends me and the people I am privi- who also represents rural areas and has happy to give her a cup of coffee, no leged to represent in rural Kansas. even a sparser area than I do—it is just cream or sugar; there might be a little I want to tell Shailagh, Ms. Murray, not true. This article comes right at vinegar in it. But at any rate, please I am never going to stop fighting for the apex of the debate of the health come in for a cup of coffee and visit these hospitals no matter how many care reform debate. It is just not right. about this. I am happy to admit it. I deals the American Hospital Associa- Let me again say to Shailagh: Why will bend over backward to preserve tion cuts with the White House, no don’t you come out to Kansas with me. the payment rates that allow these matter how many ugly articles are We will visit with Tom Bell, president hospitals to stay open and to continue written here in DC. I am rather amazed of the Kansas Hospital Association. We to serve the people in Smith Center, at the deal the American Hospital As- can go out to Smith Center and visit KS, and elsewhere all throughout rural sociation allegedly cut—$155 billion in the hospital or as many hospitals as America. cuts to Medicare for senior citizens. you want. We will see who is flush in I believe this position is completely Wake up; it is your Medicare. There is regard to Medicare payments. That is justified. I sleep just fine at night going to be more rationing when doc- certainly not the case with them. knowing that I have used my so-called tors say: I am sorry, I just can’t afford I think I have made my point. I must influence through legislation, through to continue. say, as a former journalist, former the rural health care coalition, That is the target now on the Fi- newspaperman, I used to check my through the Finance Committee, nance Committee—Medicare. I never facts. I would ask that they do the through the HELP Committee, to en- thought I would see the day that would same. sure that Medicare pays these hospitals happen. But I will not stop fighting for I yield the floor. just enough to average a 1-percent these hospitals. Here we have the The PRESIDING OFFICER. The Sen- Medicare margin, 1 percent, when these American Hospital Association, the ator from South Dakota. hospitals are still fighting for their Kansas Hospital Association, the Mis- Mr. THUNE. Mr. President, the Sen- lives. souri Hospital Association, other hos- ator from Kansas made some excellent I would like to personally invite the pital associations are not happy with points about rural America and rural author of this article or any other the national association when you hospitals, and, as always, he did it in a member of the Washington Post edi- crawl in bed and get fleas with the ad- most effective way. It should not be torial board, God love them, to visit ministration. What is the old saying? If lost on anyone in this Chamber or some of the rural hospitals in Kansas you go to bed with the Federal Govern- around the country, when we talk with me. The reporter’s name—I hope I ment, you wake up in the morning and about health care reform, these deci- get it right; I apologize if I do not. I you got something more than a good sions we make in Washington have real really sort of apologize. I am picking night’s sleep. And that is exactly what impacts in the real world. They impact on her—is Shailagh Murray. has happened with the American Hos- people in different parts of the country Shailagh, why don’t you come to pital Association. differently. Kansas with me and let us go out to They come through my door and say: The Senator from Kansas was very Smith Center. Here is the hospital. Help, help, please get these reimburse- clear about the hospitals he represents. This is this posh resort that you appar- ment rates up. Every year, we have I represent hospitals in rural areas. ently think we finance with Medicare. done that with Medicare and the Medi- These are not hospitals out there cut- It is true, you know, you go through care Programs. We are being cut by 11 ting a fat hog. These are hospitals try- the doors, there are two-inch thick car- percent, and the cost of inflation in re- ing to provide service, trying to deliver pets, you go in, there is—let’s see, I gard to where we try to practice has health care in areas that make it chal- think there is Mozart’s piano concert gone up 7 percent, and whatever other lenging because of geography. Some- 21, piano concert No. 21, and they call number they said every year. They times they don’t have the most up-to- you by your first name, and you get blame Republicans. Once in a while, date, modern equipment, but they are immediate treatment. Then there are they blame Democrats and say: Why on out there providing critical health care massage facilities and a spa in the Earth did you cut Medicare? And now services to people. I associate myself back. And that is a lot of what we have we are using Medicare as a target for with the comments of the Senator from in our Dodge City feedlots. That is not health care reform for this bill that is Kansas. the case. impossible for most people to even Anybody who cares about the impact Talk to the CEOs, the doctors, the comprehend? It is amazing. of some of these proposals on hospitals nurses, and the patients. Walk around The American Hospital Association in rural areas such as Kansas and this small hospital and see the equip- bought into it with $155 billion in cuts. South Dakota should be concerned ment and the facilities. Flush with the They come through my door every year about the CBO discussion that occurred Medicare cash? Come on. And flush when they want to keep the reimburse- this morning in front of the Budget with Medicare cash that is somehow in- ment rates level. Don’t come through Committee. It made it very clear that fluenced by individual Members of Con- my door for at least a month until I not only is this going to cost $1 tril- gress? I wish. I have been fussing and calm down. That is my duty to the peo- lion, probably minimum, in the near fighting and feuding and pleading and ple of my State. I feel comfortable with term, but in the long term, the costs cajoling with CMS to try at least to that. for the health care reform plan cur- get these payments to doctors and hos- I have been a little tough here on a rently moving through the Congress pitals up to the level that they can reporter I have never met, obviously. explode. When we get into the out- continue to exist. She is spending a lot of her time in the years, it will be even more expensive.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.045 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7610 CONGRESSIONAL RECORD — SENATE July 16, 2009 It will mean bigger and bigger reduc- Senate or the one that passed the form health care, to gain efficiencies, tions and cuts from providers, as the House last week that is going to, in the and to get costs on a more reasonable Senator from Kansas so eloquently long term, reduce cost. and affordable level. pointed out, in rural areas that are al- A fundamental principle behind It is pretty clear from the CBO report ready struggling to make ends meet health care reform ought to include ef- this morning in front of the Budget and keep their hospital doors open. ficiency, streamlining, finding savings. Committee that the current proposal— This report we got today from the When most Americans think of reform, the House proposal and now the Senate Congressional Budget Office is really they don’t think of adding costs or proposal reported out of the HELP pretty stunning, in the context of the making things more expensive, they Committee yesterday—does nothing of debate we are having over health care think: How does this reform actually the sort. There is no way it can be ar- reform. achieve savings by making us more ef- gued that these are reforms. It is cer- The CBO Director, Doug Elmendorf, ficient and streamlining operations and tainly not reform that leads to savings was asked pointblank by Senator coming up with new and innovative in the long term. They will bend the CONRAD whether the cost curve is bent ways of doing things so that we can do cost curve upward. We will see in- under the health care reform legisla- things less expensively? creased costs. We will see costs spike in tion currently being considered. El- That, to me, would be the essence of the outyears. That came across un- mendorf says no. Then he goes on to reform. That is not what is being equivocally in the report that was say: talked about here, obviously. Not only made by CBO Director Douglas Elmen- The way I would put it is that the curve is do the reforms that have been pro- dorf this morning in front of the Budg- being raised. posed, the House version, which has et Committee. As has been pointed out by President been reported out of the committee, or Where does that leave us? I argue Obama before, he said: at least is being deliberated on in com- that it certainly ought to sound a note mittee over there but hasn’t been re- And I’ve said very clearly: If any bill ar- of caution to people in Washington, rives from Congress that is not controlling ported already but will be on the House DC, that perhaps this is something we costs, that’s not a bill I can support. floor in the very near future, a House ought to take our time with. Clearly, That was the President’s own criteria Democrat aide—this is a news report— what has been proposed so far is going for health care reform. That only said the total bill would add up to to increase costs significantly. It is means, based upon the report we got about $1.5 trillion over 10 years. The going to lead to the takeover of the from CBO this morning, that the ad- aide spoke on condition of anonymity health care system by the Federal Gov- ministration is going to have a very to discuss the private calculations. You ernment, which I think most Ameri- difficult time embracing the health might have a hard time getting used to cans would take issue with. If you care plan moving through the Senate the concept, but it is $1.5 trillion in the don’t believe that, again, there are lots that sees costs not coming down, not House-passed version. We know the of great independent studies out there. bending the cost curve in a downward Senate-passed version will be a min- One of the criteria the President put direction but, rather, bending it up- imum of $1 trillion. There are many forward in a health care bill he would ward so we will see a spike in health independent analyses and estimates sign had to do with, if you have insur- care costs. that have been done that suggest that ance today that you like, you can keep Mr. Elmendorf, when he answered it could be north of $2 trillion and per- it. That is not true under this bill, ei- that request, to put it in fuller context, haps well north of $2 trillion when a lot ther, because these independent anal- was asked: So the cost curve, in your of these changes actually go fully into yses that have been done have also judgment, is being bent, but it is being effect after the transitional period is pointed out that there were going to be bent in the wrong way; is that correct? over. So we are talking about trillions about 6 in 10 Americans or about 118 His answer is a long quote, but I want of dollars at a minimum in the near million total Americans who will be term, perhaps multiples of that, tril- driven into the government-run pro- to get it into the RECORD because it puts into context the very issue he lions of dollars in the long term. gram because the private health insur- That doesn’t meet any sort of cri- raises with regard to health care re- ance marketplace, when it has to com- teria or definition of reform. To me, re- form and its costs and when we will see pete with the government, will not be form ought to be: Let’s find some sav- the true effect. Here is what he said: able to do so because the government, ings. Let’s see what we can do to due to its very size, is going to drive a The way I would put it is that the curve is achieve some efficiency. lot of the private insurance coverage being raised . . . As we wrote in our letter to As I have suggested, we spend al- you and Senator Gregg, the creation of new out of the marketplace. subsidies for health insurance, which is a ready about $2.5 trillion annually on A lot of small businesses that cur- critical part of expanding health insurance health care. That represents about 17 rently offer insurance to their employ- coverage, in our judgment, would by itself percent of our gross domestic product. ees are going to say: I am not going to increase the federal responsibility for health That is on its way to 20 percent. Very do this anymore. It costs too much. care that raises federal spending on health soon, $1 in $5 in our entire economy And they are going to shift everybody care, raises the amount of activity that is will be spent on health care. I argue into this big government-run program, growing at this unsustainable rate, and to that it is not that we are not spending which not only, I guess, do I have issue offset that there would have to be very sub- enough money on health care. It is stantial reductions in other parts of the fed- with the whole notion that we would eral commitment to health care, either on that we are not spending wisely and hand the keys to one-sixth of our en- the tax revenue side through changes in the well. We are not spending smart. We tire economy to the Federal Govern- tax exclusion, or on the spending side need to spend smarter when it comes to ment, but I think, more importantly through reforms in Medicare and Medicaid. health care. We need to put more of an than that, it gets to the very basic Certainly reforms of that sort that are in- emphasis on wellness and prevention. issue that most Americans instinc- cluded in some of the packages, and we are We need to do things that would allow tively agree with, and that is they still analyzing the reforms in the House individuals and small businesses to join ought to have freedom, they ought to package, the legislation was only released as larger groups, to get the benefit of you know about two days ago, but the have the choice to choose their health changes that we have looked at so far do not group purchasing power so they can care provider, and they ought to make represent the sort of fundamental change, start buying in volume, driving down decisions in consultation with their the order of magnitude that would be nec- cost to create more competition in the physicians about what is the best pro- essary to offset the direct increase in federal marketplace where individuals can buy cedure to use. health costs from the insurance coverage insurance across State lines. We need The problem with the approach the proposals. to address the growing cost of defen- Democrats on the HELP Committee What I conclude from having read sive medicine that is a direct result of have taken—and, incidentally, when it that and having heard what he said lawsuit abuse. There are a lot of rem- passed yesterday, it was on a partisan- this morning is that he is very skep- edies that we think make sense in line vote. All the amendments that tical that there is anything about the terms of bending the cost curve down were offered by Republicans to try to health care plan that is pending in the and actually doing something to re- change it or make it better or improve

VerDate Nov 24 2008 01:46 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.046 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7611 it or at least have some of their policy with the American people, and, finally, right rather than fast. I think it is ideas incorporated were shot down on a it would significantly increase costs to critically important. party-line vote. Americans who have to purchase insur- I would like to bring to the body’s at- But it seems to me, at least, that if ance. tention something that was on the we are going to do something about So I guess the bottom line in all this front page of the Washington Post health care, we should not hand the en- is, there is sort of a big rush to get this today. It is an article about ‘‘Who Will tire health care system in this country done. The theory is, we have to get this Succeed Kim Jong Il?’’ and the point to the Federal Government and have done before the August recess. The being: Here is a country that has re- them imposing themselves and them House is supposed to have this bill cently tested missiles that can reach making the decisions that historically marked up next week and on the floor, Hawaii, that has recently tested a nu- have been made by individuals, by con- perhaps, the following week. And the clear device. He is gravely ill. Some are sumers, by patients, and their health Senate is trying to figure out a way to reporting he has pancreatic cancer. We care providers. That is a fundamental wedge this into all the things we have don’t know for sure what he has. But principle of our American tradition; to do. We have the Defense authoriza- the question is, Who will succeed Kim that is, that we believe in freedom. tion bill on the floor this week and Jong Il? And what does that mean to The European model and the Cana- next. We have the Sotomayor nomina- the United States? And what are we dian model on health care, which is tion that will have to come before the doing about it? often used and touted, is a different Senate at some point before the August In our office, we are working on a one. But that is not the American way. break. But there is somehow this belief piece of legislation to try to start some That has never been the American way. around here that we have to jam planning on our part as to what we The American way is freedom; it is through this health care bill because if should be doing if the leader in North choice; it is individual responsibility, we do not seize the moment and do it Korea falls and if the state fails in all of which should be emphasized in now, we are not going to get it done. North Korea, which is a very real possi- any health care reforms we pass; I Well, I would argue we ought to get bility: that the overall state apparatus might add again, all of which ought to it done right rather than do it fast and in North Korea will fail, that you will lead not to higher costs but to lower do it in haste. The Hippocratic Oath for have hundreds of thousands, possibly costs in our health care system. physicians is: ‘‘Do no harm.’’ That millions, of people seeking to flee that For the record, as well, there are a ought to be the oath we, as Members of country or—in a grip of searching for number of organizations that have Congress, take with regard to this food—moving around to try to find looked very closely at the House bill health care debate. From everything I food, that nuclear weapons will not be and are now analyzing the Senate have seen and read from the experts, well watched, and the missile capacity HELP Committee-passed bill and have from the professionals, from the Con- that is there—all in a state that is fail- concluded it is a bad idea. It is not just gressional Budget Office, who have ing and may fall altogether. a bad idea for the taxpayers who are analyzed the health care bills—both The reason I point this out is, we are going to be stuck with the higher taxes the one that is going to be debated in on the Defense authorization bill. It is or the increased borrowing from future the House and the Senate committee- a very important piece of legislation. generations to finance it, it is not just passed version—all the analysis that It is a key piece of legislation. It is a a bad idea because it puts the govern- has been done suggests it would do piece of legislation we pass every year ment in the way and fundamentally great harm, great harm to the tax- because it is so important to the future interjects it into the relationship be- payers who are going to be footing that of this country and so important to the tween patients and their health care $1 trillion or $2 trillion bill; great harm defense of this country. providers but also because it would kill to the economy, where it will cost us Here is a moment where we are look- jobs in our economy. jobs; and great harm, I believe as well, ing at a potential nuclear threat, mis- We have an economy that is very to the American consumer, the health sile threat, to the United States and we fragile, that is struggling. We have un- care consumer, who is going to have to ought to take up this issue and we employment at 9.5 percent. Perhaps it pay the cost of this in the form of high- ought to deal with the Defense author- is going to double-digit levels for the er premiums and who will also deal ization bill and, instead, we are on hate first time in a long time in our coun- with what could be rationed health crimes legislation. The majority party try. care; that is, fewer choices, fewer op- has 60 votes to be able to move to that So you have the Chamber of Com- tions because the government is going on another piece of legislation and merce, the National Federation of to be deciding which procedures are should if they want to bring that up. Independent Business, and the Business covered and which are not. But why here? And why are we eating Roundtable that have sent a letter. So we need to take our time. We need up a couple days to do this on this bill, This letter came out, I think, yester- to do this right. There are lots of when we have these sorts of threats day. It was in response to the House things, as I mentioned earlier, that I staring us right in the face? health care reform legislation. But it think actually do reform the health I am going to put forward an amend- objects to a number of provisions in care system in the country, do lower ment on the Defense authorization bill the bill. costs, and make it more affordable to asking that we relist North Korea as a Specifically, the letter warns that more Americans, and those ought to be terrorist country. I think we ought to the pay-or-play provision could end up what we focus on. look at going at their financial instru- killing many jobs. The new Federal But as was reported this morning by ments. I think we clearly need to be health board ‘‘would have significant the CBO, a program that will bend the planning for the failure of this state, power but be highly unaccountable to cost curve upward—not just from the and we ought to be looking, as a hu- the American people.’’ Then it goes on trillion dollars we all know it is going manitarian issue, at the failure of this to say that cost shifting created by the to cost in the near term but perhaps state. I think we ought to be looking, government-run plan ‘‘would signifi- trillions of dollars in the long term—is as a security issue, at the failure of cantly increase costs for every Amer- a bad direction to go for health care in this state. ican who purchases private insurance.’’ this country, it is a bad direction to go If North Korea falls, are we rushing So the major organizations that rep- for our economy, and it is a bad direc- in to try to secure the nuclear sites? Is resent the job creators in this coun- tion to go for the American taxpayer. South Korea? Is China? Is everybody in try—the Chamber of Commerce, the I yield the floor. some sort of agreement as to what National Federation of Independent The PRESIDING OFFICER (Mrs. takes place to secure these nuclear Business, the Business Roundtable; a SHAHEEN). The Senator from Kansas. sites? number of other organizations, I would Mr. BROWNBACK. Madam President, What are we doing on humanitarian add to that, I think are issuing similar I certainly concur with the statement issues for 20 million people, many of type statements and letters—have con- of my colleague from South Dakota as whom will be starving during that pe- cluded it would kill jobs, it would re- to what he is saying about the health riod of time—where a number of them duce the accountability we would have insurance issue and the need to do it are starving now in North Korea?

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.048 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7612 CONGRESSIONAL RECORD — SENATE July 16, 2009 This is a very present and pressing laws. Many of these State laws carry know some may say: Well, that is not issue and instead we are on hate crimes heavier penalties than those proposed germane to the Department of Defense legislation. in this hate crimes bill. During the Ju- bill. I think it is a lot closer than what As a nation, we will not tolerate vio- diciary Committee’s hearing on hate we are on right now. I would hope we lent crime, and I am appalled by news crimes, Secretary Holder was asked to would bring up this issue because of stories of individuals being assaulted prove that there is evidence that hate the clear and present problems we are or even killed because of their eth- crimes cases are not receiving proper facing on this issue. nicity, their beliefs, who they are. I am prosecution and sentencing at the I know the chairman of this com- appalled by violence done to those who State level. He was unable to produce mittee knows this issue very well. I choose any sort of lifestyle they may any. have worked with him on this issue choose. I believe we must send a strong Even members of the U.S. Commis- previously. So we have now a bipar- message through our law enforcement sion on Civil Rights, the commission of tisan bill to relist them as a terrorist and judicial system that such attacks the U.S. Federal Government charged country that we are bringing forward. I would bring the full force of law upon with the responsibility for inves- met with our nominee to be Ambas- those who commit such terrible acts. tigating, reporting on, and making rec- sador to China today, saying we should I do appreciate the good will and sin- ommendations concerning civil rights begin planning with the Chinese Gov- cerity of those who wish to expand issues that face the Nation, oppose this ernment today for the failure of the hate crimes legislation. However, I do bill. Their concern is that this law will North Korea state taking place in this not believe such legislation in this allow Federal officials to reprosecute successionist order. body from the Federal Government is defendants who have already been ac- The North Koreans are acting pecu- the answer. I do not think that is quitted by State juries. liarly, even by North Korean stand- something we should be doing on a De- Third, all crime victims deserve ards, with all the missiles they have partment of Defense authorization bill equal protection under the law. This is launched, the nuclear weapons they when we are facing such key strategic granted to them under the 14th amend- have put in play, the things they have threats internationally and we have ment. Hate crime laws create a multi- stated lately. They are normally pro- forces in the field in Iraq and in Af- level system of justice in which some vocative, but this is an all-out scale of ghanistan today. This is not the place. crime victims’ cases are prosecuted provocation that is taking place now. This is not the time. more severely than others. It would be my hope we could bring First, I believe that the severity of a Recently during the hate crimes de- this up and at least start to address crime should be based upon actions bate in the House of Representatives, what clearly is opening to be a major committed. If a violent crime is com- amendments to add military personnel, problem. Whether the Obama adminis- mitted, then the perpetrator should be pregnant women, the elderly, and the tration wants to address it now or the prosecuted to the fullest extent of the homeless to the list of protected class- Senate wants to address it now, we law. Every violent crime ought to be es were all defeated. It is wrong to at- may not have a choice. If he is facing treated as severe, regardless of why it tempt to set up the law to favor one pancreatic cancer and there is a was committed. Every life has value, class of Americans over another. successionist battle taking place in a and every murder is an egregious Fourth, during the Judiciary hearing nuclear-armed missile country of North Korea and us having 25,000, 27,000 crime. on hate crimes, Michael Lieberman of Our law enforcement and judicial the Anti-Defamation League, when re- troops just south in South Korea, we system should be focused on holding in- ferring to hate crimes, said that ‘‘these may not have a choice. We need to get dividuals accountable for what they do, are selective prosecutions.’’ We have this addressed. So I would hope the not what they think, feel or believe. also heard a lot of talk about wanting chairman of the committee could take During the passage of the Statute for the Federal Government to send a mes- this up at that proper time. I appreciate this chance and to be Establishing Religious Freedom in 1785, sage about the severity of hate crimes. able to put this statement into the James Madison expressed, ‘‘extin- I cannot endorse the idea that criminal RECORD. I think it is prudent for us to guished for ever the ambitious hope of law should be selective or be used to start to address some things that are making laws for the human mind.’’ He send a message. Its purpose is to pros- right on and in front of us rather than clearly opposed any law that punished ecute criminal action, not to make se- this hate crimes legislation that does the thoughts or motives of people. lective statements. not apply to the Department of Defense Finally, I oppose this bill because I Laws already exist to punish crimes bill. themselves. am concerned that it could be used to I yield the floor. The Matthew Shepard, hate crimes prosecute against religious leaders and The PRESIDING OFFICER. The Sen- bill authorizes the prosecution of a organizations for speaking out against ator from Michigan. crime motivated by actually or per- acts they find morally unacceptable. Mr. LEVIN. Madam President, first ceived race, color, religion national or- Hate crime laws have already been of all, while my good friend from Kan- igin, sexual orientation, gender iden- used in foreign countries to silence sas is on the floor, let me say, we look tity, or disability of the victim. This is people of faith who speak their opinion forward to seeing the language he is another example in which a thought or on homosexuality that is derived from going to be offering on North Korea. belief becomes an element of pros- their faith. His description of North Korea as a ecuting crime. The other side continues to insist threat is an accurate description. I do Second, I oppose this bill because I that this bill does not prosecute not know that the terrorist state list believe it would usurp the power and speech, only criminal actions. Yet fits them, but surely the threatening jurisdiction of the States. It violates there is great concern within religious state list fits them very directly. We constitutional federalism by asserting communities that the Federal Govern- look forward to seeing that language Federal law enforcement power to po- ment could prosecute their leaders and and trying to work with him and his lice local conduct over which the Con- members criminally based on their colleagues on that amendment. stitution has reserved sole authority to speech or other protected activity. Nobody should be targeted because of the 50 States. No matter how upset This is a chilling threat to the first the color of their skin, their religion, Americans and politicians might be amendment right to free speech for their disability, their gender or their about certain criminal behavior, every people of faith and freedom of religion. sexual orientation. For years now, I criminal offense and every authoriza- I urge my colleagues to vote against have joined many colleagues, with the tion of criminal enforcement power this amendment. leadership of Senator KENNEDY, in sup- should be restricted by the explicit I wish to point out and say to my col- porting passage of the Matthew principles of the Constitution as well leagues, particularly the chairman who Shepard Local Law Enforcement Hate as our long-established criminal law is on the floor, my hope is, once we get Crimes Prevention Act. precedents. past hate crimes, we will remain on the We have seen hate crimes increase in Currently, 45 States, as well as the Department of Defense authorization this country, most recently at the Hol- District of Columbia, have hate crime and take up the issue of North Korea. I ocaust Museum here in Washington.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.048 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7613 According to the FBI, between 1998 and There are not many subjects that are icy committee luncheon, we were privi- 2007, more than 77,000 hate crimes inci- more important than the subject of leged to hear from the CEOs of three of dents were reported. The legislation we hate crimes. This bill is an available America’s largest companies: DuPont, are offering that the majority leader vehicle for an important subject. We Siemens, and Duke Energy. It seems has introduced will help prevent and have done this before on this bill. we are reaching that point in Wash- deter these crimes. One other thing that I feel keenly ington where folks are starting to line This language, the Matthew Shepard about as chairman of the Armed Serv- up to argue ideological and nonfactual bill, passed the Senate with bipartisan ices Committee, this bill embodies val- points of view with respect to one of support as an amendment to the De- ues of diversity and freedom that our the major issues facing our country. fense authorization bill in September men and women in uniform fight to de- This is not unusual. Every great debate of 2007. This is not new. This language fend. in history—certainly since I have been is offered on this bill. Cloture was in- As Senator KENNEDY said in 2007 in the Senate and well before that—has voked then by a vote of 60 to 39. The when we debated this legislation: always been subject to one interest hate crimes amendment before us will, We want to be able to have a value system group’s or another interest group’s in- for the first time, give the Justice De- that is worthy for our brave men and women terests. Those are often conditioned by partment jurisdiction over crimes of to defend. They are fighting overseas for our phony studies, by one particular indus- violence which are committed not only values. One of the values is that we should try’s funded study, almost inevitably because of a person’s race, color, reli- not, in this country, in this democracy, per- always not peer-reviewed. mit the kind of hatred and bigotry that has gion, and national origin, which we al- stained the history of this Nation over a con- So it is that we are beginning to see ready have on the books, but also based siderable period of time. We should not tol- this kind of a lineup now as a response on gender, sexual orientation, or dis- erate it. We keep faith with these men and to the action taken by the House of ability. women who are serving overseas when we Representatives, which passed climate There have been some statements battle that hatred and bigotry and prejudice change legislation, and a response to made about restraints on speech. The at home. So we are taking a few minutes in the schedule that the majority leader language is very clear it only applies to the morning to have this debate and discus- has put us on in the Senate with re- violent acts, and it emphasizes explic- sion. spect to this legislation. So I wanted to itly in this amendment that it puts no Those were Senator KENNEDY’s take just a couple of minutes and come limits or restraints on constitutionally words. to the Senate floor, and I intend to do protected speech, expressive conduct, This is not a long debate by Senate this on a periodic basis over the course or activities, including but not limited standards. This is a reasonably long de- of the next weeks and months as we to the exercise of religion, which is bate to give everybody an opportunity begin to think about our own approach protected by the first amendment, or to express their views. But we have de- in the Senate to this critical issue. peaceful activities such as picketing or bated this before 2 years ago. We have Let me say to the Chair and to my demonstrations. The law we are pro- adopted this before 2 years ago. It was colleagues that I hope we can all keep posing will continue to punish violent the right thing to do then for the men open minds so we will look at this in acts only, not beliefs. It is crucial that and women of our country, as well as the context that it ought to be looked we understand this legislation only ap- to keep the faith with the men and at, which is the national security in- plies to violent, bias-motivated crimes women who put on the uniform of this terests, the security interests of our and does not infringe on any conduct Nation and fight for the values this Na- Nation; i.e, energy independence, the protected by the first amendment. tion represents. fact that we send hundreds of billions The first amendment right to orga- Finally, America has taken many of dollars every year to parts of the nize, to preach against, or speak steps throughout our history on a long world that doesn’t wind up being in- against any way of life, or any person, road to becoming a more inclusive Na- vested in American jobs, in America’s is left intact with this legislation. tion, and our diversity is one of our direct future and, in many cases, Again, we are not starting from greatest strengths. Our tolerance for money which winds up in the hands of scratch. The law already prohibits vio- each other’s differences is part of the jihadists in one country or another and lent crimes based on race, color, na- lamp that can help bring light to a works against American competitive- tional origin, or religion. This amend- world which is enveloped in bigotry ness. That is one reason to think about ment would add disability, sexual ori- and intolerance. Hopefully, we can this issue seriously. entation, gender, and gender identity. take another step if we adopt this Another is that China, India, and The amendment ensures that State amendment. other countries are taking this issue and local law enforcement will retain So the Matthew Shepard Hate Crimes very seriously. primary jurisdiction over investiga- Prevention Act of 2009 furthers the Again, today we heard from the CEO tions and prosecutions. The amend- goal of protecting our citizens from of one of America’s largest corpora- ment has a strong certification provi- crimes of hate and deterring those tions. I think DuPont is one of the sion that authorizes the Federal Gov- crimes. I hope we have a resounding largest chemical companies in the ernment to step in only when needed. cloture vote, and again, hopefully, that world. The CEO said very directly to us Prior to indicting a person, the Justice can occur later on this evening. that he is concerned about China’s Department must certify that the I yield the floor and note the absence commitment as opposed to our com- State in which the hate crime occurred of a quorum. mitment, and the fact that out of the either does not have the jurisdiction, The PRESIDING OFFICER. The top 30 solar, wind, and battery compa- the State has asked the Federal Gov- clerk will call the roll. nies in the world, only 5 are in the ernment to assume jurisdiction, or The legislative clerk proceeded to United States of America. that a State prosecution has failed to call the roll. We are the country that invented vindicate the Federal interest against Mr. KERRY. Madam President, I ask many of these technologies, but be- hate-motivated violence, or a Federal unanimous consent that the order for cause ideology trumped fact and reason prosecution is necessary to secure sub- the quorum call be rescinded. in the course of the 1980s, the guts were stantial justice. The PRESIDING OFFICER. Without pulled from the energy laboratory out Now, why this bill? Why on this bill? objection, it is so ordered. in Colorado, and the United States lost First, it is common practice in the Mr. KERRY. Madam President, I fur- its lead in photovoltaics, alternatives, Senate to offer to bills, although the ther ask unanimous consent that I be renewables, to Japan, to Germany, and amendment is of a different subject. In permitted to proceed as in morning other countries. other words, this is not the first. For business. Ironically, as the Cold War ended and 200-plus years, amendments have been The PRESIDING OFFICER. Without we had invested so heavily in that vic- offered to bills which are not relevant objection, it is so ordered. tory in the beginning of the 1990s, we to the bill before us. That is the Sen- ENERGY AND CLIMATE CHANGE saw the countries that had been locked ate. It occurs dozens of times every ses- Mr. KERRY. Madam President, ear- in by the Communist bloc—the now sion. lier today, during the Democratic pol- Czech Republic, then Czechoslovakia,

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.050 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7614 CONGRESSIONAL RECORD — SENATE July 16, 2009 Bulgaria, Romania, other countries For countries in Africa and in the in the Senate will be—there is a billion that sought to undo the devastation of less developed world—Indonesia, parts dollars a year for 10 years for clean the command control policies that had of South Asia, and other places—they coal efforts. spread ash within 50 miles of a power- look at us and say: Listen, for the last So the best way to protect coal and plant so there was no living plant, and 50 years, you guys have been creating protect America, ultimately—because you couldn’t grow anything and the this problem. We have not been able to we have a lot of coal, and it would be rivers were polluted and the lakes and develop, we are not a developed nation, wonderful if we were able to burn it but so forth, and they sought to undo and you are sitting there telling us we do it cleanly—is to commit now to a that—where did they go for the tech- have to make up for the problem you system where we are able to provide nology? They went to Germany and have created, and now we have to spend the support necessary to develop clean Japan. We lost hundreds of thousands a lot of money for it. coal. The truth is that we know what of jobs, economists currently estimate, The fact is, they are willing to be happens if you don’t make this a man- by the blinders we put on that pre- part of it, they are willing to be part of datory structure. cluded us from buying into the future, the solution, but the United States has In 1992, President George Herbert from investing in that future. to step up and show leadership and Walker Bush committed us to a vol- So I hope colleagues will look care- take action. The bottom line is this: If untary protocol in Rio, at what was fully at the economic realities that are the United States doesn’t step up and called the Earth Summit. I went there, staring at us right now. China is in- take action and show leadership, we together with other Senators, includ- vesting $12 million-plus per hour in a are not going to get an agreement in ing MAX BAUCUS, FRANK LAUTENBERG, green economy. They are investing six Copenhagen and things will get worse. Larry Pressler, John Chafee, Tim times the amount of money of the Some people will say: So what; maybe Wirth, and Al Gore. We went as a dele- United States of America. The Pew we will do it down the road. I have gation. The President came and gave a Foundation has found that from 1996, news for you—and this is absolutely speech there, and we committed to a approximately, until 2007, the greatest substantiated in science, as well as in voluntary framework to deal with glob- job growth in our country came from technology and economic modeling—if al climate change in 1992. the alternative renewable energy sec- we don’t do it now, every year we Here we are, years later, and it hasn’t tor, from new technologies—about 9.1 delay, it gets harder and more expen- worked. During the last 8 years, Amer- percent, as opposed to the growth of sive and it gets more dangerous. ica’s emissions of global greenhouse about 3.7 percent or so that we saw in If you really want to look out for the gases went up four times faster than the normal job sector. citizens in your States, do it now be- during the 1990s. We have gone back- In a State such as North Dakota, for cause it will be less expensive to do it ward. While we are going backward, instance, I think they have had about now than it will be in the future. The the science is coming back more and 30 percent growth in the alternative re- real taxpayer protection effort here is more compelling by the day. newable energy sector, and they rank to do climate change now. That is why, The Siberian Shelf Study, just re- today 24th in the Nation in terms of as I said, CEOs of major corporations leased a few months ago, shows col- wind power production. But the Wind in our country are saying: Give us cer- umns of methane rising from the ocean Institute tells us they could be No. 1 tainty in the marketplace and give it floor because the permafrost lid of the because they have the best wind in the to us now so that we know what our in- floor is melting, as it is on dry land in world—in the United States, at any vestments will be as we go forward and Alaska, where they voted recently to rate—and they could produce 10,000 we can put together a business plan move the Nutak Village 9 miles inland. times the entire electricity needs of that is intelligent, thoughtful, and There are dozens of villages in Alaska the State of North Dakota just from based on the realities of where the that are now moving as a consequence wind power alone. That is a huge economy is going to go. of what is happening to the ice shelf amount of jobs to be created and a Huge fluctuation in natural gas and the rising sea levels. As the perma- huge amount of money to be gained, a prices or in the price of coal or what is frost lid melts, methane is being re- lowering of cost for their consumers, going to happen with respect to seques- leased in Russia, the Arctic, and other and we could go to other States around tration—all those things create enor- places where it is exposed. Methane is the country and find similar patterns, mous uncertainty. If you are a coal 20 times more damaging than carbon where there are very significant in- State, a coal interest—and we have dioxide. On the ocean floor, you have creases in the economic base of the al- plenty of them here—you ought to step the columns of methane visibly rising ternative renewable energy sector to back and look at what is happening in through the ocean, and when they the exclusion of a very flat level—if not the marketplace. burst out into open air, if you lit a no growth—with respect to normal sec- Coal is under pressure now. We had match, it would ignite. That is how po- tors of our economy. What is critical is Jim Rogers of Duke Energy tell us tent it is. That is an uncontrollably that China—I just spent a week there today that they have had a whole dangerous potential threat to every- about a month ago, purposefully going bunch of coal plants canceled. They body unless we tap into it or learn how there to meet with Chinese leaders have had them canceled on them by to do that or commit to some other about global climate change. States that are refusing to proceed for- methods of controlling this. Obviously, I am as committed as any ward using coal. The fact is, a lot of The fact is, a 25-mile ice bridge that colleague in the Senate to creating an States are turning away from coal. has existed for thousands upon thou- agreement with other nations that They are doing that because of the sands of years, which connected the holds everybody accountable. Obvi- price issues but also because of the pol- Wilkins Ice Shelf to Antarctica, shat- ously, if the United States does this all lution issues. tered, fell apart a number of months by itself, it is not going to work. But If you are a coal State and you want ago as a consequence of what is hap- China is sitting there saying the same a future for coal, the way to protect pening. A number of Senators have thing: If we do this and the United that future is not to wait until the been up to Greenland and have seen the States doesn’t do it, it is not going to EPA regulates on its own, without level of icemelt taking place on the work. coming to the table with help for the Greenland ice sheet. That Wilkins ice The problem is that the U.S. bona transition costs; the way to protect it sheet is floating in the ocean, and the fides on this aren’t very good. The fact is to recognize that you have to de- Greenland ice sheet is on the rock. is, we have been deniers of the exist- velop a clean coal capacity. The only Many scientists worry that the river ence of the problem, while other coun- way to develop a clean coal capacity is melt that is occurring underneath the tries are proceeding to try to deal with to get the allowances that come ice sheet might, in fact, create a slide it. The fact is, we were, until last year, through a cap-and-trade system to be effect for massive amounts of ice that the world’s major emitter of global able to provide for a transitional sup- might break off and fall into the ocean. greenhouse gases. It is very difficult to port system that allows those compa- If the West Antarctic ice sheet melts go to other countries and say, you have nies to transition for the future. and the Greenland ice sheet melts, that to do this and that, and they look at us The fact is, in the bill that passed in represents a 16- to 23-foot sea level in- and say, what have you done about it? the House—I don’t know what the level crease. That is beyond comprehension

VerDate Nov 24 2008 01:46 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.050 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7615 in terms of what the impact of that to do the warming. So the warming we that could happen as a consequence of would be. Just a meter of an increase, have done already has warmed the this that would have profound con- which is currently predicted for this Earth by .8 degrees centigrade. So we sequences on elimination of poverty, century—and we are on track to actu- can absolutely anticipate a which has profound implications on ally meet or exceed that—just a meter compounding of that warming because eliminating jihadism in places all means the disappearance of Diego Gar- the same amount or more is up there, around the world. cia, the island we use to deploy impor- and it is going to continue to do the This is an opportunity to change the tant supplies to Afghanistan, Pakistan, damage. We don’t know how to take it paradigm, if you will, into which we and to deal with other issues. That will out of the atmosphere. So we are look- have been locked. The United States disappear. Countries such as Ban- ing at a certainty of another .8 degrees. needs to lead. I want those batteries gladesh and many islands will dis- That takes you up to 1.6. And scientists made in Detroit and countless other appear, including the coast of Florida. are telling us the tipping point is at 2 cities across this country. I named De- The threat is enormous. The piers in degrees centigrade. troit because we have the skilled work- Norfolk, VA, are all cemented to the I ask my colleagues to go look at the force. The automobile industry is hurt- ocean floor. If that rises a meter, that modeling that has been done by count- ing. We should be building the cars for will be a cost. You can run down the less different groups around the world. America’s high-speed rail system there. list of things that will begin to happen. This is not an American conspiracy We should be building the batteries The Arctic ice sheet had previously, somehow. This is not a Democratic or there, not in China. We should be de- a few years ago, been estimated to dis- Republican thing. It doesn’t have that veloping these technologies. These are appear by 2030 or so. Scientists are now kind of label on it. There are thousands ongoing jobs that repeat for the future, telling us that we will have the first of scientists who, for 25 years or more, and they cannot be exported. What can ice-free Arctic summer by the year have been drawing conclusions based be exported is the technology itself, 2013—4 years from now. That means a on scientific analyses, and scientists— which we have an ability to go out and lot of different things. It can mean the if you are a good scientist, you are also sell to other countries, which is good change of ocean currents and clearly a conservative, because all of the procla- for the American marketplace. change in the ecosystem. It means sim- mations or findings you make are sub- As these weeks go on, we need to talk ple things like as more ice is melted ject to peer review if you are a good about this. I want to come back to one and the ocean is opened up—the ocean scientist, if you are a legitimate study. particular component. I want to under- is dark, the ocean absorbs sunlight. As The fact is, there are thousands of le- score the national security implica- the sunlight comes down directly onto gitimate peer-reviewed studies that tions. the Earth, that is absorbed into the document what is happening in terms In 2007, 11 former admirals and high- ocean rather than reflecting back up, of the impact of global climate change. ranking generals issued a report from as it used to, off the ice and snow. The There are zero—not one—peer-reviewed the Center for Naval Analysis saying result is that the ocean warms even studies that deny those thousands—not that climate change is a threat multi- faster, which accelerates what is hap- one. For all the industry studies you plier with a potential to create ‘‘sus- pening in the Arctic and what is hap- hear, all the scary tactics, like Chick- tained natural and humanitarian disas- pening in Greenland. So there is a boo- en Little, saying the sky is falling, and ters on a scale far beyond those that merang effect to all of this. the numbers that are put out, no peer- we see today.’’ It is ultimately what scientists call reviewed study supports an analysis In 2008, a national intelligence as- the ‘‘tipping point.’’ That brings us to that what the scientists say is not hap- sessment echoed those warnings from the issue of urgency here. Why is this pening. We are looking at the potential inside our own government. GEN An- urgent? It is urgent because for years here of catastrophic implications, thony Zinni, former commander of our scientists have been telling us that you which is why the United States needs forces in the Middle East, was charac- have to hold down the level of green- to move. teristically blunt in addressing this house gases to—originally, they said The science is one thing; you can put threat. He says that without action 550 parts per million. Then they revised it over here. But what is happening is ‘‘we will pay the price later in military that as new science came in and people that other countries have committed terms, and that will involve human realized things were happening faster to this. Their presidents, their prime lives. There will be a human toll.’’ than we thought. They revised it to 450 ministers, their environment min- The estimates of the intelligence parts per million. Now scientists are isters, their finance ministers—all of community and those looking at the revising again, and they are revising these people have come together and national security implications are that again because the rate at which the made a commitment for those coun- we could have in a few years as many science is coming back tells us this is tries. They are moving. They accept as 200 million climate refugees. We happening a lot faster than we thought the science. They also accept the dy- have an internally displaced issue and to a greater degree. Now they are namics of the marketplace. They want today in Pakistan. We have it in Af- revising it from 450 parts per million to to be leaders in solar, leaders in wind, ghanistan, Iraq, and other countries. 350 parts per million. Not everybody leaders in alternatives, renewable, We can have environmentally displaced has accepted that, but that is going on. biofuels—you name it. The fact is, un- people who are forced to move because Why is that alarming? It is alarming less the United States seizes this eco- they cannot produce food because they because we are at 385 parts per million nomic opportunity, we are going to lose water. The problem of failed states today. lose the chance to be leaders in one of will only be compounded as the insta- With the current rate of coal-fired the greatest markets in history. bility that comes with those moving powerplants coming online, the rate of The market that led us to great populations and the challenges of pro- increased emissions through new build- wealth during the course of the 1990s in viding for those people grows. ings and the lack of adequate standards the United States was the Internet and Believe me, American ingenuity, on automobiles, and other things, we data management systems. That mar- American military capacity, American are pouring emissions into the atmos- ket was about a trillion-dollar market lift, American medical capacity, Amer- phere willy-nilly as if there is no to- and about a billion users at the time ican food aid—all of these things will morrow. Well, that could happen, the during the 1990s, at least when we saw be called on. And unless we act now, way we are going. great wealth created. they will be called on to a greater de- The fact is, what is up there al- The energy market is a $6 trillion gree than is necessary. ready—this is scientific fact. There is market with about 4.5 billion users, So climate change, in fact, injects a nothing that any opponent of global many of whom are potential users in major new source of chaos, of tension, climate change has ever said or done or places such as India, where solar could of human insecurity into an already produced to indicate that this is not light a small village and run elec- volatile world. It threatens to bring fact: Greenhouse gases live in the at- tricity pumps where they have no more famine. I invite my colleagues to mosphere for 100 to 1,000 years. As they water today and no pumps and no de- talk with the developmental people in live in the atmosphere, they continue velopment. There are countless things so many of these countries about the

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.051 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7616 CONGRESSIONAL RECORD — SENATE July 16, 2009 problems they are having today grow- already doing this. Anybody who sits is going to say: Wow, that is worth in- ing crops, about the change in rainfall, there today and says: What about vesting in because we can make a re- about the lack of water, about the China, what about China, ought to go turn on our investment. desertification that is taking place in to China and see what China is doing. Look at the size of the market. places such as Darfur. Time magazine China is determined to be the world’s Today we cannot do that because we had a headline a couple years ago: Do No. 1 producer of electric vehicles, and cannot send it around the country be- you want to prevent the next Darfur? they are on the way to doing it. China cause we don’t have a transmission Get serious about climate change. has tripled its wind power goals and system that allows us to do that. There are linkages here, and it is es- targets. China is putting in place right The worst that would happen is we sential for us to understand the costs. now a 20-percent reduction in energy move down the road to have cheaper None of the modeling that has been intensity, and they are ahead of the electricity because we can move it done to date tries to estimate the cost curve in almost every sector but one from alternatives, renewables all to the consumer, and that is a concern. and meeting and exceeding that goal. around the country, have a smarter In fact, there is an enormous amount We are not doing that. They are doing grid, and have the ability to reduce of money being put on the table that. China is the leader in wind and costs for Americans. through the allowances to cushion this solar technology. China has a stronger What is another downside? Another impact so that American citizens are commitment on automobile levels of downside is we might actually reduce not paying more for electricity and not emissions than we do, and it is going poverty around the world because of paying more as a consequence of these into effect before ours. technology advances. We might reduce changes. I have talked with a number of well- the instability of countries and im- I believe there is a minimal cost. But respected observers, both in business prove our own security, and we will re- the truth is that cost has not even yet and in journalism, who have been to duce energy dependence because we been properly represented because no China recently, and they have come will be able to produce our own energy model to this date shows the impact of back shaking their heads and saying: If at home and not depend on sending energy efficiencies in America that we don’t get our act in gear, China is hundreds of billions of dollars to other will reduce the cost for families. No going to clean our clock, and we are countries in the Middle East and else- study properly shows the cost of tech- going to be chasing China in 3 or 4 where. That is a downside. nology advances that will reduce the years. What is the downside if they are cost for communities and families. And If you are concerned about holding wrong? Catastrophe, absolute catas- no study shows the cost to the Amer- China accountable to a system, we bet- trophe because we go beyond the tip- ican consumer of doing nothing. ter put something in place because ping point. I cannot stand here and tell If the United States does not do this, that is the only way we are going to you everything that is going to happen. believe me, that is a tax on Americans, get a mechanism in Copenhagen that is But I read enough and have seen and it is a lot bigger than the costs going to help hold everybody in place. enough of what the scientists say are that are going to come affiliated with Here is the bottom line. If we don’t the potential impacts, and I have seen the transition to a new economy which get that mechanism, the President is enough of those impacts already com- is sustainable for the long term for our not going to send anything up here, ing true. Just by evidence and common Nation. and we are not going to pass it at that sense, you say to yourself: I don’t want As we go forward, I want to say to point. We are not going to accept some to put this to the test because there is colleagues a couple of concerns people global system that does not address no way to come back from it. There is have expressed about cap and trade and this globally. We have been through no way to go over that tipping point other issues. The marketplace: Will the that with Kyoto. and turn the clock backwards. That is marketplace abuse this? Can we trust The fact is the United States has to the choice for all of us. the marketplace to function? The an- do what it has to do in order to make I hope in the course of this debate we swer is, all of us have learned some Copenhagen happen, in order to lead are going to have the kind of debate on very tough and bitter lessons as a re- the globe in this effort. I hope our col- the facts, on real studies, peer-reviewed sult of lack of regulatory oversight of leagues will recognize that. studies, on analyses that make sense so the 1990s and the last 8 years. So we are What else will happen if we are wrong we can make the kinds of judgments going to have in our legislation in the and they are right? We will have that the Senate deserves and that the Senate, which is not in the House, cleaned up the air. We will have better American people deserve. some mechanism by which—I am not health quality in America because we I thank the Chair. going to go into all the details now be- will have better air quality because we The PRESIDING OFFICER. The Sen- cause we are not going to lay out all will have reduced particulates in the ator from Colorado. the details of what we are going to do. air by reducing global emissions. Mr. UDALL of Colorado. Madam But we are going to address this con- The largest single cost of children’s President, I ask unanimous consent to cern of market regulation in order to health care in the course of the sum- speak as in morning business. adequately guarantee transparency and mer in the United States of America is The PRESIDING OFFICER. Without accountability as we go forward. children being committed to hospitals objection, it is so ordered. There are other concerns people have because of air quality, asthma attacks, Mr. UDALL of Colorado. Madam expressed. As the next days go on, we in the course of the summer, and it is President, I heard the Senator from are going to show day for day exactly rising as a problem in our country. Massachusetts laying out the scenario what the real costs are, what the real It will have reduced hospital costs, we face not just as Americans but as opportunities are, and how we can pro- better quality of air, better health. inhabitants of this wonderful planet ceed. What else is a downside of doing this Earth. I was compelled to come to the I close by saying that here is the correctly? We will have created mil- floor and talk about what we are doing choice, really, for us as Americans and lions of new jobs. We see that hap- in Colorado in seizing the opportunities as human beings. Let’s say that the pening right now. Think of what hap- that the Senator from Massachusetts people who have no peer-reviewed stud- pens when we set a global target and points out. ies at all, that people who want to be when the United States sets its own na- He described ably and eloquently in the flat Earth caucus, or whatever, tional target and businesses say: Hey, what I have characterized as a ‘‘no re- and argue this is not happening, let’s there is money to be made there. grets’’ policy. We ought to take all of say they are right and we are wrong We have better transmission lines so these steps because whether or not cli- and we do the things we are going to do we can send electricity produced from mate change materializes—and I am because we think they are the right solar in Nevada or in Oklahoma or one who believes the science is very things to do. What is the downside? Texas, or somewhere, and you can sell powerfully pointing in that direction— The downside is that America would it to the rest of the country because it all of those steps would result in the have led the world in terms of tech- can actually be transported there. The benefits he described. Today I want to nology because every other country is minute we do that, the private sector bring my home State perspective to

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We less- I think it is fair to say we have wind sources of the future, and the rest of en our dependence on foreign oil, we turbines sprouting and growing like America must now do the same. protect our Earth, and we preserve the trees on our eastern plains and we have The bottom line, though, Madam air we breathe and the water we drink. solar farms that are covering the en- President, is we must have a com- Most of all, we keep faith with our tire San Luis Valley, which is one of prehensive energy policy that transi- children. I have long believed that we our agricultural gems. This is as a di- tions us to cleaner, safer, and more do not inherit the Earth from our par- rect result of Coloradans setting a goal sustainable sources of energy while ents; we are actually borrowing it and and saying we are going to meet that making full use of existing sources in a all its majesty from our children. goal. I guess I am optimistic enough responsible manner. Colorado has a unique perspective on about America to know that America In Colorado, we have a very tangible this opportunity, and I think America can follow Colorado’s lead. For me, it interest in America adopting broad can benefit from our experiences. is when, not if, we commit to a cleaner, clean energy sources and therefore lim- For many years, we have been a na- more sustainable energy future, we will iting our contribution of carbon into tional leader in developing energy lead the world in this next great tech- the atmosphere, and I would like to sources that are traditional, such as nological revolution. focus on one key element of life on our coal and natural gas. And in recent The Senator from Massachusetts planet, and that is water. years, we have begun to lead the Na- spoke to the awe-inspiring numbers Water is the lifeblood of the entire tion in producing renewable energy that are potentials—a $6 trillion econ- West. When you grow up in the desert, from the Sun, the wind, and from bio- omy—waiting for us out there if we as I did, you learn to treasure water. mass. will only commit to pursuing it. The You learn that everything is shaped by In 2004—the Presiding Officer, who is Union of Concerned Scientists has esti- it, and it may not always be there a former Governor, can understand the mated that a 25-percent renewable when you need it if you don’t husband symbolism of what we did—I led a cam- electricity standard by 2025 will lead to those resources. My constituents know paign along with the Republican speak- almost 300,000 new jobs in America, that maintaining our water supply is er of our State house, Lola Spradley, to $260-plus billion in new capital invest- crucial to the health of their families and to preserving the way of life we so create a renewable electricity standard ments, $13 billion in income to farmers, value in the West. We have suffered for our State. We barnstormed together ranchers and rural landowners, and $12 through water shortages. We have seen in our State in that highly partisan billion in local and State tax revenues. 2004 election. We surprised people that drought. Consumers would save $64 billion in My father’s generation—not that far a Democrat and Republican were cam- lower electricity bills by 2025, while we removed from our generation—experi- paigning together. It was not a Repub- would reduce the carbon pollution enced the great Dust Bowl of the 1930s. lican or Democratic issue; it was a Col- emitted by cars that would be the That was an ecological disaster that orado issue and, more importantly, it equivalent of taking 45 million vehicles reminds us that while we are smart as was a Colorado opportunity. off of our roads. a species, and we are industrious, There were naysayers who tried to I am talking about jobs, Madam Mother Nature always bats last. scare our voters by saying the renew- President, but it goes much further When scientists look at our part of able standard would raise energy costs than that. If, and I say when, we de- the country, they predict that droughts and harm our economy. But our voters velop a clean energy economy, we will will get worse and precipitation pat- decided to take up the challenge and to create a new manufacturing base. It terns will decrease in Western States commit to generating 10 percent of our will protect our lands and our water, because of our use of and dependence electricity from the Sun and from the and it will align a policy compass that on the traditional sources over the last wind and other clean sources of energy. helps us navigate toward a more pros- century. People in Colorado know we Our clean energy producers went to perous future. can’t ignore this threat. We have seen work after we passed this measure, and I would like to take a minute and acre after acre of our forests dev- just 3 years later our legislature, real- emphasize that the clean energy future astated by the mountain pine beetle— izing we were soon to reach that goal, I paint doesn’t mean the abandonment an epidemic that was exacerbated by a said: Let’s double the standard. So we of traditional sources of energy. We warming climate that will get worse in now have a 20-percent standard we are have coal and oil and natural gas in the hotter drier conditions to come. committing to reach by the year 2020. abundance. Nor should it shut the door When they see that, when I see that, we We are fortunate to have these ample on nuclear power. Quite the opposite. know that doing nothing is not an op- supplies of clean energy resources in These sources will remain an essential tion. Colorado. But the real key to this has component of our energy mix for the The cost of inaction is simply too been releasing the ingenuity of our foreseeable future. I think, as Colo- high, and you see that point of view in people and then setting goals that cre- rado’s experience shows, a balanced en- all the States in my region of the coun- ate a sustainable future. I wanted to ergy portfolio will work and that we try, regardless of the leadership at the share some examples from Colorado can find that sweet spot in an energy gubernatorial level, at the legislative specifically. mix for the future. level. No matter what part of the coun- Just last week, Tristate, a Colorado We have ample supplies of fossil fuel try we are from, we have a stake in utility, joined with a subsidiary of in Colorado, and we ought to continue crafting a new energy policy. Beyond Duke Energy and announced plans to to develop those sources. They are cru- regional interests, members of both po- build a wind power facility in Kit Car- cial to the livelihood of tens of thou- litical parties know we have to meet son, CO, out in our eastern plains. sands of Coloradans and still comprise this challenge because if we don’t, it is Vestas—which many are familiar the majority of our electric generation. not only our economic prosperity that with as the Danish wind turbine sup- Natural gas, in particular, is a clean is at stake, our national security is at plier—recently broke ground on two and domestic source of energy, and it stake. new manufacturing plants in the city will be a crucial bridge fuel to the fu- I was inspired this week to see that of Brighton that will eventually em- ture. our former colleague, the highly re- ploy over 1,300 people. It is also build- We have massive quantities of oil spected, now retired, Senator John ing a $250 million plant in Pueblo that shale potential on our western slope, Warner, is traveling across the country will be the largest facility of its kind and we should continue to research to making the case for a plan to address and employ 500 people. see if we can produce it in a commer- the threats from climate change. We Our Governor, Bill Ritter, has esti- cially viable way and in an environ- can debate the causes of climate mated that the solar component—we mentally sensitive manner. change, and we should continue to have had a solar component in our renew- Colorado has been able to bridge the that debate, but we know what we able electricity standard, specifically divide, literally, between our western must do.

VerDate Nov 24 2008 00:52 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.053 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7618 CONGRESSIONAL RECORD — SENATE July 16, 2009 First, we must lead the world in a zations, who know her best and have der group has an advantage in sound clean energy revolution, and next we actually seen her work, say she is an judging. I do believe that every person must acknowledge that our reliance on exemplary, fair, and highly qualified has an equal opportunity to be a good foreign sources of oil and fossil fuels judge. They care about her work fight- and wise judge, regardless of their isn’t a sustainable strategy. Third, we ing crime, and that as a prosecutor she background or life experiences.’’ must act soon. put the Tarzan murderer behind bars. I know no Senator here has ever I used to think having a discussion They care that as a judge she upheld made a speech in which their quote fell about adapting to the changes being the convictions of drug dealers, sexual flat or their comments fell flat or what brought about by the emission of car- predators, and other violent criminals. they intended to say was somehow mis- bon was a mistake, and that by looking They care that she respects their lib- construed. I know that has not hap- at adapting we were giving in to the erties and protections granted by the pened among the 100 Members of the problem. But I have come to realize Constitution, including the first Senate. that we have to be realistic and we amendment rights of those with whom On gun rights, Judge Sotomayor has have to recognize that the changes she strongly disagrees. consistently followed precedent in sec- that are coming will have real impacts Judge Sotomayor’s credentials are ond-amendment cases. Yesterday and on all of us. If we don’t act now, the impeccable. Set aside for a moment the today she has reaffirmed her view that changes that are coming at us and fact that she graduated at the top of the second amendment includes the in- bearing down on us will have a terrible her class at Princeton. Set aside her dividual right to bear arms. effect on future generations, and we tenure as editor of the Yale Law Re- She reaffirmed, again, today her will be doing those generations a ter- view. Set aside her work for Robert statement from yesterday, when asked rible disservice. Morgenthau in the Manhattan District if she would be open to considering The longer we wait, the longer we Attorney’s Office; set aside her success- whether the second amendment creates deny, the longer we spend debating, the ful prosecution of child abusers, mur- an individual right applicable to the harder and, frankly, the more expen- derers, and white-collar criminals; set States, saying: sive it will be to deal with those aside her string of victories along the I have an open mind on the question. . . . changes. So the time to act is now. I way, not to mention her courtroom ex- I would not prejudge any question that came urge all of our colleagues to join to- perience and practical hands-on knowl- before me if I was a Justice on the Supreme gether to pass a strong, clean energy edge of all sides of the legal system. Court. bill. We can drive America with clean Set aside her appointment by George Consistent with her judicial philos- energy. H.W. Bush to the U.S. District Court in ophy, she has strictly adhered to the Madam President, I yield the floor, New York and her appointment by Bill precedent in considering gun rights and and I suggest the absence of a quorum. Clinton to the U.S. Court of Appeals; on her commitment to the rule of law The PRESIDING OFFICER. The and the fact that she was confirmed by Judge Sotomayor has repeatedly stated clerk will call the roll. a Democratic majority Senate and a over and over that she is committed to The assistant legislative clerk pro- Republican majority Senate which precedent and the rule of law in every ceeded to call the roll. alone tells this Senator—if she was Mr. MENENDEZ. Madam President, I case, a commitment reflected not just good enough twice, she must be good in words but in her 17-year record as a ask unanimous consent that the order enough a third time. for the quorum call be rescinded. fair, moderate judge. Set all that aside, and you are left She said, ‘‘As a judge, I don’t make The PRESIDING OFFICER. Without with someone who would bring more objection, it is so ordered. law.’’ judicial experience to the Supreme That is exactly the approach we Mr. MENENDEZ. Mr. President, I ask Court than any Justice in the last 70 unanimous consent to speak as in should expect and demand from any years and more Federal judicial experi- nominee for the Supreme Court. morning business. ence than anyone nominated to the The PRESIDING OFFICER. Without I implore my colleagues to look at Court in the last century. her record, listen to her answers; they objection, it is so ordered. Her record is clearly proof that some- SOTOMAYOR NOMINATION are clear, focused, respectful, forth- one so skilled, so committed, so fo- right. She has answered every question Mr. MENENDEZ. Madam President, cused on the details of the law can be America has been listening to the con- directly, honestly, thoughtfully, and both an impartial arbiter and still un- without equivocation. She has held firmation hearings of Judge derstand the deep and profound effect nothing back. Sotomayor—the lengthy rounds of her decisions will have on the day-to- questioning, the probative approach of But I, personally, as I have watched day lives of everyday people. these hearings, am beginning to won- the members of the committee—and we Senators should focus on Judge der: Are we truly in search of answers have seen an extraordinary jurist in ac- Sotomayor’s full 17-year record on the or are we badgering the witness? I tion. We have seen her responses, wit- bench as well as her career as a pros- know that all of America is watching nessed the depth, dignity, and clarity ecutor and corporate attorney. of her thoughtful observations. We She has been clear and consistent in this hearing, but I have to tell you His- have seen a skilled, dynamic jurist her answers, despite repeated questions panic Americans are watching it with carefully, thoroughly, calmly engage and efforts to trip her up. She has been great interest. Attempts at distorting each member of the committee, show- consistently more forthcoming than a record that has been committed to ing each Senator a deference in tone any other recent Supreme Court nomi- the Constitution, to the rule of law, by and tenor that speaks directly to her nee. suggesting that her ethnicity or herit- temperament and what she will bring Almost every Republican Senator has age would be a driving force of her de- to the debate in the hallowed halls of asked Judge Sotomayor, in total more cisions as a Justice of the Supreme the United States Supreme Court. than a dozen times, about the same Court is demeaning to women and to I believe most Americans watching comment made in a 2001 speech, a sin- Latinos, it is demeaning especially in these hearings, though deeply con- gle speech over 8 years ago at Berke- light of a 17-year record that reflects cerned about the substance of the ley. She has continued to say, frankly, totally the opposite. issues raised fundamentally—at the openly, honestly, that her comment Maybe some of my colleagues think heart of it—care more about the per- ‘‘fell flat,’’ that she never intended that by repeating that statement time son. They care about honor and de- that any person would have an advan- and time again they will generate some cency and dignity and fairness. They tage in judging. She has given the same opportunity to create an image that is care about her experience. They care answer each time and each time made simply not true—that they will create about who Judge Sotomayor is and clear that ‘‘her personal experience an image that is simply not true. For what she has accomplished in her long does not compel a particular result and many of us who come from the His- judicial career. They care about the prejudice never has a role in her judg- panic community within this great record. And the record is clear. ing.’’ country, we have seen the efforts to They care that the leaders of promi- She said again yesterday: ‘‘I do not have a class of people painted in a cer- nent legal and law enforcement organi- believe that any racial, ethnic or gen- tain way, and I implore my colleagues

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.054 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7619 who seem to be traveling down this F–22 amendment, and a Republican Dakota] has taken a leading role in that ef- road that they are running a great amendment. Both sides are working fort. This morning, after receiving risk—that they are running a great hard to get that resolved. Elmendorf’s testimony on the nation’s long- term budget outlook, Conrad turned imme- risk. If this judge didn’t have the 17- HEALTH CARE REFORM diately to questions about the emerging year record of fidelity to the Constitu- This is an interesting time in Amer- health care measures. tion, fidelity to the rule of law, fidelity ica and in the Congress. We have the ‘‘I’m going to really put you on the spot,’’ to precedent—even when that prece- very important Defense authorization Conrad told Elmendorf. ‘‘From what you dent binds her in a way, as in the Ricci bill before us. We have the hearings for have seen from the products of the commit- case, in which she had sympathy for Judge Sotomayor. We have the HELP tees that have reported, do you see a success- ful effort being mounted to bend the long- the White firefighters, but nonetheless Committee reporting out its legisla- term cost curve?’’ precedent kept her obligated to the de- tion. There may have been more issues Elmendorf responded: ‘‘No, Mr. Chairman.’’ cision that they had—I would say before the Congress, but I don’t recall Asked what provisions would be needed to maybe that line of questioning is le- them in the years I have been in the slow the growth in federal health spending, gitimate. But I must be honest with Senate. Elmendorf urged lawmakers to end or limit you, when it was raised once or twice Today we had an event that is in the the tax-free treatment of employer-provided health benefits . . . or three times—but when it has been ‘‘you can’t make it up’’ category. I raised a dozen times, sometimes by the read from the CNSNews.com. It is enti- That has a little echo associated with it. I don’t know where that idea came same Senator asking the same set of tled ‘‘JOE BIDEN: ‘We Have to Go Spend from. questions despite having gotten a full Money to Keep From Going Bank- rupt.’ ’’ . . . calling it a Federal ‘‘subsidy’’ that en- answer on the issue, it creates great courages spending on ever more expensive concern for some of us who have been I quote completely from the news re- port from CNSNews.com: health packages. Key Senators, including down this road in other paths at other Conrad, have been pressing to tax employer- times but with the same tactics. Vice President Joe Biden told people at- provided benefits, but Senate leaders last Clearly, this is one of the most gifted tending an AARP town hall meeting that un- week objected, saying the idea does not have less the Democrat-supported health care enough support among Senate Democrats to jurists in America, and we as a nation plan becomes law the nation will go bank- would be honored to have her serve on win passage. rupt and that the only way to avoid that fate Elmendorf also suggested changing the the U.S. Supreme Court. I hope these is for the government to spend more money. way Medicare reimburses providers to create hearings will come to a conclusion ‘‘And folks look, AARP knows and the peo- incentives for reducing costs. soon. I look forward to the debate that ple working here today know, the president ‘‘Certain reforms of that sort are included will take place on the floor and I, as knows, and I know, that the status quo is in some of the packages,’’ Elmendorf said. well as the rest of this country who are simply not acceptable,’’ Biden said at the ‘‘But the changes that we have looked at so event on Thursday in Alexandria, Va. ‘‘It’s riveted on this process, are going to be far do not represent the sort of fundamental totally unacceptable. And it’s completely change, the order of magnitude that would looking for equal justice under the unsustainable. Even if we wanted to keep it be necessary to offset the direct increase in law—the template that is before the the way we have it. It can’t do it finan- federal health costs that would result from mantle on the Supreme Court: ‘‘Equal cially.’’ the insurance coverage proposals.’’ ‘‘We’re going to go bankrupt as a nation,’’ justice under law.’’ Judge Sotomayor Then incredibly: deserved to be treated with equal jus- Biden said. ‘‘Well, people that I say that to say, ‘What Senate Majority Leader Harry M. Reid [of tice in this process and this badgering are you talking about, you’re telling me we Nevada] dismissed Elmendorf’s push for the of the witness, particularly in this line have to go spend money to keep from going benefits tax. ‘‘What he should do is maybe of questioning which has been asked bankrupt?’ ’’ Biden said. ‘‘The answer is yes, run for Congress,’’ Reid said. and answered several times, raises seri- I’m telling you.’’ I have disagreed from time to time ous concerns for those of us who have That is a very interesting story. The with the Congressional Budget Office. I lived in this community, understand thing that probably makes it more in- have agreed from time to time with the the challenges and understand the way teresting is the Washington Post story Congressional Budget Office. But I in which people try to paint people in today entitled ‘‘CBO Chief Criticizes don’t think it is appropriate to use this community. Democrats’ Health Reform Measures.’’ that kind of language from the major- It is time to end that line of ques- I quote from the Washington Post ity leader of the Senate about these tioning. It is time to have us have the story: hard-working people. This wasn’t just committee move beyond it. Instead of saving the federal government Mr. Elmendorf’s product. This was the I yield the floor and suggest the ab- from fiscal catastrophe, the health reform product of endless nights and days of sence of a quorum. measures being drafted by congressional work on the part of the Congressional The PRESIDING OFFICER. The Democrats would worsen an already bleak Budget Office. If you disagree with clerk will call the roll. budget outlook, increasing deficit projec- them, as I have in the past, disagree tions and driving the nation more deeply The assistant legislative clerk pro- into debt, the director of the nonpartisan and give your reasons for doing so. But ceeded to call the roll. Congressional Budget Office said this morn- for the majority leader to say that Mr. WEBB. Madam President, I ask ing. what he should do is ‘‘maybe run for unanimous consent that the order for Under questioning by members of the Sen- Congress,’’ frankly, I don’t think is an the quorum call be rescinded. ate Budget Committee, CBO director Doug- appropriate response to the incredible The PRESIDING OFFICER. Without las Elmendorf said bills crafted by House work that these individuals are doing. objection, it is so ordered. leaders and the Senate health committee do Continuing from the article: Mr. WEBB. Madam President, I ask not propose ‘‘the sort of fundamental But Senate Finance Committee Chairman unanimous consent to speak as in changes that would be necessary to reduce Max Baucus . . . expressed frustration that the trajectory of federal health spending by morning business. the tax on employer-funded benefits had fall- a significant amount.’’ en out of favor, in part because the White The PRESIDING OFFICER. Without ‘‘On the contrary,’’ Elmendorf said, ‘‘the House opposes the idea. objection, it is so ordered. legislation significantly expands the federal Critics of the proposal say it would target (The remarks of Mr. WEBB pertaining responsibility for health-care costs.’’ police and firefighters who receive generous to the introduction of S. 1468 are print- Here we have on the one hand the benefits packages. And if the tax is trimmed ed in today’s RECORD under ‘‘State- Vice President today telling the Amer- to apply to only upper income beneficiaries, ments on Introduced Bills and Joint ican people that we have to spend it would lose its effectiveness as a cost-con- Resolutions.’’) money, we have to go spend money to tainment measure. ‘‘Basically the president is not helping,’’ Mr. WEBB. I yield the floor. keep from going bankrupt, and yet the The PRESIDING OFFICER. The Sen- Baucus said. ‘‘He does not want the exclu- Congressional Budget Office says that sion, and that’s making it difficult.’’ ator from Arizona. the proposed changes would weaken But he added, ‘‘We are clearly going to find Mr. MCCAIN. Madam President, may our economy and expand the Federal ways to bend the cost curve in the right di- I say for the information of my col- responsibility for health care costs. rection, including provisions that will actu- leagues, we are working on a unani- Continuing from the article: ally lower the rate of increase in health care mous consent agreement so that we The chairman of the Senate Budget Com- costs.’’ can take up the hate crimes issue, the mittee, Kent Conrad [Democrat from North * * * * *

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.056 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7620 CONGRESSIONAL RECORD — SENATE July 16, 2009 Ideas under consideration include health- they do not smoke, they regularly en- knowledge on health care issues. We care delivery system reform; health insur- gage in exercise, including membership could sit down together, scrap this ance market reform; and empowering an in health clubs—guess what. They are idea, scrap this ‘‘spend money to keep independent agency to set Medicare reim- rewarded for doing so. And the overall bursement rates, an idea the White House is from going bankrupt,’’ scrap this pro- shopping aggressively on Capitol Hill. costs of health care in Safeway have posal where the Congressional Budget But Baucus is not giving up on the benefits gone down. They have told every in- Office says ‘‘the legislation signifi- tax. ‘‘It is not off the table, there’s still a lot surer: Come, if you want to insure our cantly expands the federal responsi- of interest in it,’’ Baucus said. employees, encourage wellness and fit- bility for health-care costs,’’ that the Well, what this is all about—what ness and let them make a choice. Do measures would ‘‘worsen an already this is really all about—is heading in so. bleak budget outlook, increasing def- the wrong direction with the wrong That is the essence of what we have icit projections and driving the nation fundamentals of what the problems to do. The problem in America with more deeply into debt.’’ That is not the with health care in America are—a fun- health care is that too often there are proposal the American people want to damental misunderstanding. The fixed costs. There is no competition, pay the penalty for. health care in America is the highest and there are incentives to drive up the So events today have been very inter- quality in the world. I went to M.D. costs of health care. We all know that. esting. The fact is, what we need to do Anderson with the Republican leader We all know there are certain proce- now is sit down together for a change. and the Senator from Texas, Mr. dures which are more rewarding than I have done it in the past, I will admit, CORNYN. At M.D. Anderson—one of the others, and the system is gamed, and on issues that are not of this mag- great, premier institutions in America, that there are billions—tens of bil- nitude. I do not know if there has been where cancer treatment is incredible— lions—of dollars of fraud, abuse, and an issue that consumes one-sixth of the there were people there from 90 coun- waste in the Medicare system that gross domestic product of this country tries around the world. Most of those have been identified on numerous occa- that I have been involved in. Certainly people were wealthy people. They had sions. other major issues, certainly working the choice of going anywhere in the We also know that medical mal- together with my friend and colleague world to get the treatment they felt practice is a problem, and we need to from Michigan on the Defense author- they needed. They came to the United reform it. Some years ago, the State of ization and other measures to preserve States of America. That is true of the California—not known as a conserv- our Nation’s security. But this issue, I Mayo Clinic. That is true of many ative State, to say the least—enacted must say, causes all others to pale in other medical facilities and institu- fundamental medical liability practice magnitude. But that is also the reason tions in America. reform. And guess what. It has resulted why we should sit down together and So the problem with health care in in cost savings. It is well known that not pass legislation that is purely on a America is not the quality of care. The physicians practice defensive medicine, partisan basis. problem with health care in America is which many times accounts for a 10-, Let’s listen to the experts. Let’s lis- affordability and availability. The cost 15-percent increase in those costs for ten to the Congressional Budget Office. of health care continues to increase— fear of being sued. And the new tech- I know of no one who believes there is inflation of nearly double digits. We nology, which has made such tremen- bias in the Congressional Budget Of- cannot afford it. dous advances, then, indeed, increases fice. As I say, sometimes I have been The Vice President is right when he costs because they are overused be- very disappointed or disagreed with says it is unsustainable. But when the cause that physician knows, in some them. But I know of no one who thinks President says that we want to do States, in some cases and places, unless they are not doing the very best they nothing, obviously, that is not the view every kind of test is administered— can under the intense pressures of get- of Republicans. We believe you have to whether that physician thinks it is ting out these numbers. do a lot. We believe you have to do a needed or not, it is going to be admin- I want to take this moment to salute lot, and that is increase competition in istered and prescribed in order to avert the Congressional Budget Office, America so people will have choices, the eventuality of appearing in court whether I agree with or disagree with affordability, and availability, and not and not having administered all the them, for the incredible work they a government-run health care system. necessary, or what the plaintiff’s law- have done in the past. I hope at some So the architects of the legislation yers believe is necessary, tests and pro- point to be able, when this health care passed through the HELP Committee cedures. debate is over, to enter into the and being considered by the Finance So look, we know now—we know RECORD the thousands of hours that Committee and that came through the now—from the Congressional Budget have been put in by the Congressional House were fundamentally wrong to Office, for the second time, that this Budget Office and the staff there in start with. They were not attacking proposal is not going to cure the health trying to come up with their best as- the problem of health care in America, care issues of America. It is time we sessment so we can legislate with the and that is the cost. And the quality of went back to the drawing board. It is benefit of the knowledge that, frankly, health care in America is what needs time Republicans and Democrats sat only they possess. to be preserved. down at the negotiating table—not So let’s listen to them. Let’s listen to How do you install competition? You calling one or two Senators down to other outside experts. Let’s recognize install competition by letting people the White House, not trying to pick off the fact that this issue has badly di- go across State lines to shop for the one Republican or two Republicans, vided this Congress. But let’s also lis- health insurance policy they want. not doing that. ten to the fact that the American peo- That is prohibited now. Why is that? I know that with this plan the Demo- ple are becoming more and more skep- Why is that? crats and the administration may be tical of the proposals we are consid- The other is wellness and fitness. We able to pick off a couple Republicans ering or that have been reported out by are in agreement, I want to say, on a and get 60 votes and enact this massive both the House and the Senate HELP lot of issues that have not been high- movement of the government take- Committee and maybe start over and lighted in debate on the floor—Repub- over—eventual takeover—of the health do something the American people can licans and Democrats. Wellness and fit- care system in America, or we can sit believe in and for which we can tell the ness, insurance policies that will en- down together for the first time with American people we put their interest courage such things; rewards by em- incredibly knowledgeable people. There first. ployers for people who practice is nobody who knows more about I note my friend, the Senator from wellness and fitness. In fact, probably health care than our two doctors, Drs. Michigan, is on the floor. I hope we can one of the best known individuals in COBURN and BARRASSO. There is nobody give a ray of hope to our colleagues and America today is the CEO of Safeway. who knows more about health care let them know how they are going to They have had an incredibly successful than Senator ENZI, who has been our be able to spend the rest of the program for their employees, where if leader in the HELP Committee—Sen- evening. they practice wellness and fitness— ator ALEXANDER. There is a lot of I yield the floor.

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.062 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7621 The PRESIDING OFFICER (Mr. something done that improves the Bush, we left the new President with a BEGICH). The Senator from Michigan. quality of health care that is provided budget that was, I believe, balanced Mr. LEVIN. Mr. President, let me in this country, that slows the growth once more. thank my good friend from Arizona, of health care costs, and bends that We sort of went from that point in first of all, for all the effort he has cost curve down, and makes it possible time, kind of a high-water mark in made today with his staff. Our staffs for us to extend coverage to a lot of terms of fiscal responsibility, and over have been working hard. There is a lot people who do not have it, it is en- the last 8 years we turned around and of progress on the unanimous consent hanced by having bipartisan legisla- we went in the opposite direction. We request which will set out the path for- tion. ended up running up more new debt in ward, not just for tonight. We, obvi- I will not go further into that at this the last 8 years than we ran up in our ously, expect votes tonight—a number time. But I felt compelled to say I have first 208 years as a nation. I will say of votes tonight—but also for the com- not given up hope. My hope is that the that again. We ran up more new debt in ing days, when we come back here for efforts that are underway as I speak the last 8 years than we did in the first votes on Monday. will bear fruit and maybe provide a 208 as a nation. The debt for the new But there is progress being made, and roadmap to a plan we can agree to here fiscal year, as we go through this worst the staffs are working very hard. We in the Senate and in the House to build recession since the Great Depression can actually see them in the back of on the good work the Health, Edu- and trying to fight two wars, one in the Chamber at times going back and cation, Labor, and Pensions Committee Iraq and one in Afghanistan, the melt- forth with different ideas. But we are has already done here in the Senate, down in revenues, very high health close. We are confident. We are opti- and to enable us to find common care costs; we are looking at a budget mistic we will fairly soon have a unani- ground with the House and, hopefully, deficit which, I am told for this year, mous consent agreement. with the Obama administration. may have already exceeded $1 trillion, I again thank my friend from Arizona Having said that—I know this might which is the highest on record. for all he has done to help facilitate be a good segue—we are spending a ton I chair a subcommittee of the Home- this, and our staffs, because they are of money on health care in this coun- land Security and Government Affairs working hard and I am optimistic they try. If you look at the size of our budg- Committee in the Senate. One of our are going to succeed. et deficits, if you look at how much we responsibilities is to help, along with The PRESIDING OFFICER. The Sen- spend in the country for health care— our colleagues, to scrub spending. One ator from Delaware. I am told it is about one-sixth of of the things we do is we look for Mr. CARPER. Mr. President, I was GDP—that is not sustainable. Medicare spending that doesn’t make much sense going to talk about aircraft and air- is likely to run out of money in about or where there is waste, fraud or abuse. craft procurement, and I will do that. 7 years from now. That is not accept- I might say, in response to my friend, But before I do that, I feel compelled to able. We end up, meanwhile, not get- Senator MCCAIN’s comments on waste respond to the comments of our col- ting necessarily better results, and a in the Medicare system, one of the en- league from Arizona with respect to lot of other countries are spending sub- couraging things in the last 3 years is health care. stantially less. we have gone out and done what we It turns out, literally, as we gather We have great models for health care call postaudit cost recoveries in three here on the Senate floor today, nego- delivery in this country. I will mention States for Medicare. In California, tiations are underway between Demo- a few of them that are showing the way Texas, and Florida, we have actually crats and Republicans, led by Senator to provide better outcomes at less gone out to see where money has been MAX BAUCUS, the chairman of the Sen- money. They include the Mayo in Min- wastefully spent and to see if we can ate Finance Committee, and Senator nesota and in Florida; an outfit called recover that money. The first year we CHUCK GRASSLEY, the ranking Repub- Geisinger in Hershey, PA; Inter- discovered almost nothing, the second lican on the Senate Finance Com- mountain Health in Utah, Kaiser year we found a little bit, and last year mittee, to try to find common ground Permanente in northern California; a we found $700 million. In just three with respect to health care. cooperative called Puget Sound in States we did that, and now we are In a day and age when we spend more Washington State; Cleveland Clinic in going to be doing the same kind of money on health care than any other Cleveland, OH. There are a number of thing in 47 States, hopefully recovering nation on Earth, we do not get better them. For the most part, they are non- a lot more money for the Medicare sys- results. I think we have 14,000 people profits or cooperatives that have shown tem and maybe taking our lessons who are likely to lose their health care it is possible to provide better care, learned from recovering moneys in our country today—in a country better outcomes, for less money than misspent, inappropriately spent for where we have 47 million folks who do what we are getting in this fee-for- Medicare, and do the same kind of not have health care coverage. We can service operation that we now call a thing for Medicaid, and that will put a do better than that. There is a strong health care delivery system. lot of money back into the Treasury. bipartisan effort, led by two very good We can do better. My hope is we will My subcommittee focuses on, among people—Senator GRASSLEY and Senator keep working at it and not give up and other things, wasteful spending, and BAUCUS—to find common ground. that we will continue to try to work one of the things we have looked at is As it turns out, I like to use the across the aisle until we come up with cost overruns for major new weapons words of a friend of mine, Senator MIKE a product we can bring to the floor and systems. With the help of the Govern- ENZI of Wyoming, who talks a lot negotiate, debate it on the floor, and ment Accountability Office, we went about the 80–20 rule and why he and then go to conference with the House. back to, I think it was 2001, and we Senator KENNEDY have gotten so much In terms of things that we spend a lot looked for cost overruns for major new accomplished—legislation coming out of money on—not just health care—we weapons systems. In 2001, I think it was of the Health, Education, Labor, and spend a lot of money on the defense of about $45 billion. We have seen it ramp Pensions Committee. It is because they our country. That is a major priority up from about $45 billion in cost over- agree on 80 percent of the stuff, dis- for our Nation. If we go back to 1990s, runs for major new weapons systems, agree on 20 percent of the stuff, and 1980s, 1970s, we went for a long time GAO tells us by last year, or maybe it they focus on the 80 percent on which without balancing our budgets. In fact, was 2007 or 2008, this number had grown they agree. it was not until, I think, fiscal year to almost $300 billion—from $245 billion I think the same could be said about 1999, under the Clinton administration, in 2001 over the next 6 or 7 years to al- the legislation that is being negotiated that we actually balanced our budget most $300 billion in cost overruns. today, again, in a bipartisan way. The for the first time, I think, since 1968. It Unacceptable. I think we have finally President has said he wants a bipar- was roughly 30 years, three decades leveled off the increase. Not only is tisan bill. Our leaders on the Finance that we went without balancing the that kind of trend unacceptable, but Committee want a bipartisan bill. I budget. I think we did it again in 2000, the level of that enormous cost overrun want a bipartisan bill. I think in order and then when we had the handover in weapons systems is unacceptable as for us to actually get something good, from President Clinton to President well.

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.063 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7622 CONGRESSIONAL RECORD — SENATE July 16, 2009 In a day and age when our Nation is The F–22 has been around for a num- stan—these are rough numbers but awash in red ink and in a day and age ber of years—not as long as the P–3, about 40,000 flight hours. We have a when we are involved in wars in Iraq not as long as the C–5, but it has been couple UAVs here, unmanned aerial ve- and in Afghanistan, it is critically im- around for quite a few years. We have, hicles, one called the ScanEagle, the portant that we spend every dollar—de- I think, close to maybe 200 of them other is called the Predator. The Pred- fense dollar and, frankly, nondefense that either have been built or we are ator is better known. But so far the dollars—as wisely as we can, to get the planning to build. ScanEagle has flown in Iraq and Af- most out of that money, whether it is One of the things I find troubling— ghanistan about 150 flight hours. The health care to make sure that the dol- and I stand in support of the amend- Predator has flown about a half million lars we are investing there are spent ment offered by Senators LEVIN and flight hours in Iraq and Afghanistan. cost-effectively or whether it is for de- MCCAIN and ask unanimous consent to One of our helicopters, I think the H– fense to make sure that the money we be added as a cosponsor of the legisla- 60, generally we think of as the Black are spending there is spent cost-effec- tion. Hawk, but Black Hawks have flown tively. The PRESIDING OFFICER. Without 900,000 flight hours in Iraq and Afghani- Senator MCCAIN is a Vietnam vet- objection, it is so ordered. stan. Down here at the bottom, the eran, and he is a real hero, for me. But Mr. CARPER. Built, I think, largely number of flight hours, as far as we can we have people who have served here— by Lockheed, and a lot of the contrac- tell, flown in Iraq and Afghanistan, I I think one or two might have been tual work is being done in maybe close am pretty sure this is correct: Zero for around in World War II. Senator to 40, 45 States. But Lockheed does the F–22. That is a stark number, a INOUYE won the Medal of Honor during some great work. This particular air- stark contrast. World War II. We have had people who craft, I am troubled by a number of Sometimes we tend to order weapons served in the Korean war, the Vietnam things, as are the sponsors of the legis- systems, build weapons systems, main- war, and other times of peace, as well lation. It is not just that they are trou- tain weapons systems to fight wars as in times of war. bled, and it is not just that I am trou- such as the last war we fought, not I spent about 23 years, 5 Active, 18 bled, but some other folks are troubled thinking so much about maybe the years Ready Reserve as a naval flight weapons systems we need for the cur- too. Let me see if we have a list of officer and much of that as a mission rent war or we will likely to need for a some of the people who are calling and commander of a Navy P–3 aircraft built future war. One of the reasons why this maybe suggesting that the F–22s we by Lockheed. We used the P–3 for years administration, the last administra- have ordered are enough. for ocean surveillance, tracking sub- tion, why this President, this Sec- Among the people who say, in this marines during the Cold War so we retary of Defense and previous ones case, 187 F–22s, fighter aircraft—not an would know where they were, and have said we don’t think we want to do whenever we went up, we would know aircraft that is used for a lot—a plane any more F–22s is because they believe where to go find them and destroy mainly built and designed to use for that, for awhile, we are going to be them if we had to. The strategy was dogfights with aircraft from other na- fighting wars such as unfortunately we called mutually assured destruction. tions in an earlier day; the Soviets or fought in Iraq and especially Afghani- We, fortunately, never had to do that. maybe the Chinese or some other coun- stan. That is going to be more the We used them in the Vietnam war for a try. But among the leaders of our coun- modus operandi. We are going to be lot of coastal surveillance; low-level try, they are saying, maybe 187 is fighting counterinsurgencies, and what flights off the coast of Vietnam and enough. Not maybe but saying 187 is we need are weapons systems and men Cambodia. The P–3 was introduced into enough. Two Presidents, former Presi- and women who are trained to fight in the fleet in 1960s, and it was introduced dent George Bush and our current those wars. The F–22, frankly, does not as a—formerly used as a commercial President Barack Obama, they have lend itself to that kind of war. airplane, a four-engine turboprop. We said that not just in giving speeches, I led a congressional delegation with had problems with the P–3’s wings. We but they have actually said that with four of my colleagues back at the end used to say we were afraid they would the budgets they submit to us, and in of May into Afghanistan and Pakistan, fall off. I don’t know if it was quite this case President Obama’s first budg- including our Presiding Officer. We that bad, but we had real problems et and the last budget, or maybe sev- learned a lot. It was wonderful, and we with the P–3s performing reliably as a eral budgets from President Bush. came home feeling very much encour- naval aircraft and bouncing around the Who else has said 187 is enough? Well, aged about our strategy in Afghani- skies in all kinds of weather. A lot of Secretaries of Defense; not only the stan, the men and women who are im- work had to be done on the P–3 wing current Secretary of Defense, who is plementing that strategy, both on the and, within a couple of years, we fi- Bob Gates, but the previous Secretary military and the civilian side. One of nally figured out the problem. of Defense, who was also Bob Gates, the things we learned going into Paki- They are still flying. We are still and I think his predecessor as well said stan is that, for years, the Pakistanis using them in Iraq—not to track sub- 187 should do us. have been preparing to fight the next marines but all kinds of missions. We We have had three Chairs of the war not against the Taliban, not have used them for electronic surveil- Joint Chiefs of Staff who have said 187 against al-Qaida, which happened in lance over the years and we have used F–22s is enough; we think that should the northwestern province, but they them for drug interdiction and now do it. have been preparing to fight the next they are doing some special work over We have had the current members of war forever—I guess since 1947—against in Iraq and that part of the world. It is the Joint Chiefs of Staff who have said the Indians, against the country of an airplane which started badly as a 187 is plenty when it comes to F–22 India. They may have a weapons sys- military aircraft, but it got a lot bet- fighter aircraft. tem to work just fine in that particular ter. Finally, two of the most respected altercation if that were to occur. But You can find the C–5As built in the Members of the Senate, Senators their real threat, frankly, isn’t as 1960s, C–5Bs in the 1970s and 1980s— MCCAIN and LEVIN, as leaders of this much India anymore; their real threat rough startup, rough rampup on the committee, have said: Well, this is is the Taliban and the al-Qaida folks aircraft. We had problems with the air- enough. Given our other demands and hanging out in those northwestern craft, and we are now overhauling the our other aircraft we have available to provinces on the border of Afghanistan. C–5Bs. We call them C–5Ms. And they meet this need, 187 F–22s is plenty. While India and Pakistan may have are flying 85 percent mission capable. Let me take a look at the next chart, plenty of fighter aircraft, unfortu- So that is very encouraging. It took a if we could, and see what we have. One nately, they don’t have any heli- long while to work out the wrinkles, of the reasons why all the folks I men- copters. They need mobility and they but I think we have now, and we are tioned have said 187 F–22s is enough, we need helicopters to be able to move going to have a plane we will be able to think of some of the other aircraft we their counterinsurgency forces. They fly for another 30, 40 years, getting a used, fixed wing as well as nonfixed don’t have them. Frankly, we are sort lot of good use out of it, meeting our wing aircraft; the F–15 fighter, a num- of guilty in a way of the same thing military needs around the world. ber of hours flown in Iraq and Afghani- with the F–22.

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.064 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7623 Let’s see what we have on the next one. If we build another 190 or so F–22s, it, we say thank you. But I think we chart. I will come to this in a bit. One that would save some 25,000 manufac- have enough. We have plenty of other of the things we think about when we turing, good-paying jobs. We cannot challenges to face. think of aircraft we use is, first of all, just sniff at that. Those are real num- I appreciate this opportunity to the missions we need the aircraft for bers, and it is important for us in the speak. and the kind of wars and threats we are States where the jobs are. If we think As I look around the Chamber, obvi- likely to face. That helps us make that about it, if we are talking about build- ously, nobody listened with baited decision. ing another almost 200 F–22s, and they breath to what I had to say. Hopefully, Occasionally, we look at how much it cost roughly $190 million a copy, and they are in their offices and are tuned costs to fly an aircraft. We look at the we are talking about saving 25,000 jobs, into C–SPAN II. dollars we spend to put an aircraft or if we multiply $191 million by 194 air- With that, I suggest the absence of a helicopter into the air for an hour. I craft, we come up with a total price of quorum. have seen a wide range of flight hour about $37 billion for building those The PRESIDING OFFICER. The costs for the F–22—that it might be extra 194 F–22 aircraft. clerk will call the roll. $22,000 per flight hour or as high as If the numbers are correct, that is The legislative clerk proceeded to $40,000 or $42,000 per flight hour. I don’t about $37 billion. If we divide that by call the roll. have that at my fingertips, the flight 25,000 jobs, that turns out to be almost AMENDMENT NO. 1511 hour costs for other aircraft. But that $1.5 million per job. I nearly fell over Mr. LAUTENBERG. Mr. President, is a lot of money for a flight hour for when I saw that number—$1.5 million today we are being asked to defend the any aircraft, especially a fighter air- per job. We have passed a stimulus very core of our American democracy; craft. Whether it is $19,000 or $20,000 or package, and the Presiding Officer and that is, the right of people to live free- $40,000 an hour, that is a lot of money I voted for it. It was passed with bipar- ly, to move freely, to do what they for the kind of job we are looking for tisan support, and I hope it will save a would like to do as long as they do not the aircraft to do. couple million jobs. Jobs make sense. bring harm to others. People want to We also look at who are we preparing But this is a lot of money for jobs. be free from violence, free from fear, to fight or what threat we are pre- You can look at what we say we are free from intimidation. And all too paring to counter. Some people say going to spend in the stimulus pack- often we hear of crimes committed just in case the Chinese ever give us age, the recovery bill, per job. I am not against innocent people based almost trouble, to take them on we need the quick enough to run the numbers, but solely on bigotry and hatred. This Sen- F–22s, or we may need 200 more. At one these are expensive jobs. ate needs to send a message, a message time, General Corley said we needed I hope if we don’t build another 200 that this is unacceptable conduct in about another 200. As it turns out, we F–22s, some of the folks who can build our society, that these crimes are espe- have other aircraft to meet that kind them at Lockheed Martin—hopefully, cially heinous, that these crimes must of threat. I hope that is not going to some of them will be able to build F– be severely punished, because it tears ever materialize, because China is a 35s. They cost half as much to build, at the basic fiber of being freedom-lov- major trading partner. I hope we don’t and they do more things. Hopefully, ing Americans. ever get in a shooting war with them, some of them will be bought by other An example of the horror that ac- nor with the Russians. countries. I am not aware that other companies this kind of hatred is that We have other fighter aircraft. We countries have bought the F–22, but I on a day last month, someone turned have the F–15, F–16, and the F–18. We think a lot would be interested in buy- killer because of religious hatred. This are in the process of building another ing the F–35, given the variety of mis- individual walked through the doors of new fighter aircraft that will be a joint sions, the versatility, and the much the U.S. Holocaust Memorial Museum, aircraft that will be able to do fights in lower cost. which was then filled with visitors the air and other things, including air- There you have it, Mr. President. I from all around the world, many of to-ground attacks, which the F–22 don’t know if I have made a compelling them children. His name: James Von doesn’t lend itself to do. I think we are case, but I appreciate the chance to Brunn. He raised a rifle and opened going to build about 2,500 F–35s. It has share this with my colleagues and any- fire, killing Steven Johns, a security broad support. We have built about 50 body else who is interested at a time guard who was simply doing his duty, so far. The cost per aircraft for the F– when we are wrestling with enormous and wounding others before the indi- 35 is about $80 million. I think the cost budget deficits, after 8 years where we vidual was shot and subdued. Not only for building a new F–22 is roughly $190 literally doubled our Nation’s debt, and did Mr. Von Brunn take a man’s life million. So the F–35 may be $80 million when we are expected to run up the and terrorize bystanders, but he want- a copy, and the F–22, which doesn’t highest budget deficit in the history of ed to destroy this vivid reminder of have the capability or the viability of our country, at a time when we have how vicious man’s hatred and bias the F–35, costs about $190 million—over major cost overruns and a new weapon could be against an entire group of peo- twice as much. That makes me pause, system, and when we have had literally ple. Over 6 million Jews died as a result and I hope it makes some of my col- two administrations, two Presidents, of the Holocaust. Millions of others leagues pause as well. two Secretaries of State, and all kinds died also as a result of the Holocaust, Last, everybody knows we are wres- of Joint Chiefs saying: You know, we stemmed primarily by prejudice and tling through a tough economic time in have a bunch of these F–22s. We have hate. our country. We have lost a lot of jobs. enough. It is not that we are going to The tragic fact is that our history is We had a housing bubble and melt- stop spending money on national de- replete with examples of terrible hate down, a loss of jobs in banking and fi- fense. We are going to spend a fair crimes. In October of 1998, two men at- nancial services, and a lot of manufac- amount of money in Afghanistan, and tacked and savagely beat Matthew turing jobs. Chrysler and GM have gone even though we are drawing down the Shepard, a student who was gay and into bankruptcy. They are coming out troops in Iraq, we are going to continue was there at the University of Wyo- of that, and they have a new product spending money in that country as ming. Shepard died of his wounds a few line coming through the pipeline. The well. The war in Afghanistan is the days later, simply because he was a gay banks are stabilized and are lending right war, and we need to stay with it person. In June of the same year, who money again, and some are starting to and crush the Taliban, help the Paki- can forget that a Black man, James pay back to the government the money stanis crush al-Qaida, and stay with Byrd, Jr., was chained to a pickup they borrowed. the folks in Afghanistan until they can truck, dragged along a Texas road, and I am bullish about where we are. It help defend themselves and go on to a was killed by declared racists. will take a while before jobs come better economy and a better life. That More recently, we have seen vulgar back, but I think there are encouraging is the important thing to do. acts committed in the wake of a his- signs about our economy. We don’t need the F–22 to do that. To toric happening in America. President Having said that, a lot of people the folks who have spent a number of Barack Obama, an African American, would like to have a job who don’t have years, and a lot of our money building won the Presidential election. In my

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.066 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7624 CONGRESSIONAL RECORD — SENATE July 16, 2009 home State of New Jersey, after the and colleague and the leader of the able to use as part of the Social Secu- November election, a cross was placed Armed Services Committee for all of rity Program—that we have been try- and set afire on the front lawn of a cou- his hard work on the bill that is in ing to do this, trying to get it right. At ple, Alina and Gary Grewal. The cross front of us. It is so important for the that time, 90 years ago, there were not was wrapped in a homemade banner troops. I thank him for his leadership the votes to do that. Since then, Harry that the Grewals had hung outside in such a strong way on behalf of the Truman wanted to have health care re- their home that simply read ‘‘Presi- men and women who are serving us form. It did not get done. dent Obama, Victory ’08’’—pride filled, every single day and for all the things President Johnson initially wanted honoring this incredible accomplish- they need to be able to be supported, to have a system that every American ment that took place within America. along with their families. So this is a would be able to benefit from. That did At a time when our Nation should be very important bill, and I am hopeful not get done. But I am very proud that celebrating the progress we have made, we are going to be able to move a first major step was taken with we must bring the full weight of the through this very quickly. President Johnson and a Democratic law to bear on those who commit such HEALTH CARE majority and some Republican col- atrocious crimes. Unfortunately, exist- Madam President, I did want to take leagues joining with them. I hope we ing Federal law hampers prosecutors a moment, though, tonight to talk are going to see that kind of bipartisan from trying hate crimes effectively. about health care, about the specifics effort now. But we ended up with some- Right now, current Federal hate crimes of the bill we have been working on thing called Medicare. law applies only when a victim is in- now for about a year. We have had fo- If seniors or people with disabilities volved in particular activities, such as rums and meetings and drafts and pro- could have been able to get health in- surance that they could find and afford serving on a jury or attending a public posals and working sessions for about a at the time, Medicare would not have school. This legislation would protect year now, I believe. I commend Senator victims of hate crimes in all situations, passed in 1965. It passed, along with BAUCUS for the incredible amount of Medicaid for low-income seniors and not just when a victim is involved in time he has put in, as has his staff, certain federally protected ones. This families, because people could not find with he and Senator GRASSLEY, work- insurance. They could not afford it. amendment would also finally expand ing, as they always do, so well to- Federal hate crimes protection to That is why it passed. gether. We are now in the same situation. those victimized based on sexual ori- There has been a tremendous amount Since that time in 1965, there have entation or disability. Some 15 percent of effort that has gone into this, and of all reported hate crimes are linked been a number of different efforts. A we will speak more as the process very important effort, one that there to sexual orientation. Gay Americans moves along about the specifics of the should not be afraid to walk about free- was bipartisan support to do, children’s health care legislation. But tonight I health insurance, was put in place—but ly, and violent individuals should know want to take just a moment to talk that the Federal Government will pros- still, not a system in America where about why it is so important to do it. everyone would be able to afford to buy ecute you if you commit a crime with If the system worked well now for ev- insurance, to be able to get health care hatred as the principal motivator. Hate eryone in the country, if everyone crimes are the ultimate expression of for themselves and their families. could find and afford health insurance, So here we are today. It is time to ignorance and hate, and we must we would not be having this discussion. strengthen our Federal laws to protect finish the job that was started years We would not have had this debate. ago, to finally say: OK, we understand people against them. This would not be something that Senator KENNEDY first introduced that health insurance is not like other would be a top priority for the Presi- this legislation in 1997, a year before kinds of insurance. You can choose not dent of the United States. to buy a car if you do not want to, and Matthew Shepard and James Byrd were But the reality is, the current system killed because of bigotry. It is time to you do not have to have car insurance. does not work for everyone. Even if You can choose not to buy a house and pass this critical amendment and stand you are part of the majority that has up for Americans who are victims of not have homeowners insurance. You health insurance, you are probably see- cannot choose not to be a human being vulgar and senseless acts of violence ing your copays go up, your premiums that should not be happening in Amer- and to get sick. So it is different. go up. You may be worried about So the question for all of us is not ica without severe punishment, with- whether you will lose your insurance if out the reminder that we are a nation whether people will ever need to use you lose your job or your spouse loses the health care system or whether they comprised of many different his or her job. You may be in a situa- ethnicities, different religions, dif- ever, in fact, will get health care; it is tion where you cannot find insurance when and how and how expensive it ferent habits. It should not go without because you have a preexisting condi- severe penalty if someone is attacked will be. tion that the insurance companies will One of the major reasons today that because their habit, their face, their not cover. the health care system is so expen- color, their religion is different from There are many reasons why people sive—and, in fact, we spend twice as the ones most popular. today, even though they have some much as any other country on health I yield the floor, and I suggest the ab- kind of insurance, are incredibly wor- care. When you think about that, how sence of a quorum. ried about the future, about what hap- The PRESIDING OFFICER. The crazy is that? We spend twice as much pens when they get sick or what hap- clerk will call the roll. as any other country on health care The assistant legislative clerk pro- pens when the kids get sick. and have over 47 million people with no Then, for those who do not have any ceeded to call the roll. health insurance. Any economist would Ms. STABENOW. Madam President, I health insurance, of course, it is an kind of look at that and say that is ask unanimous consent that the order even more challenging story. We know crazy. for the quorum call be rescinded. there are millions of Americans—47 But we have a system now where the The PRESIDING OFFICER (Mrs. million and counting, in my home people who are uninsured or under- HAGAN). Without objection, it is so or- State of Michigan alone over 1 million insured—or have their premiums and dered. people—who have no insurance at all. copays going up too much where they Ms. STABENOW. Thank you. Madam What happens to them when they get cannot afford to use their insurance— President, I also ask unanimous con- sick or when the kids get sick? go to the emergency room, moms and sent to speak as in morning business. So this is a huge issue, and the time dads going to the emergency room with The PRESIDING OFFICER. Without has come to decide that health care is their children. objection, it is so ordered. a right, not a privilege, in the greatest I have had the opportunity to visit The Senator from Michigan. country in the world. emergency rooms, both when I have Ms. STABENOW. Madam President, We have been working for years. It been in an emergency but also just thank you, very much. has been 90 years—ever since President there with emergency room physicians, First, I want to congratulate, actu- Roosevelt wanted to have a health care with the nurses, to watch what hap- ally, on the underlying bill, my friend system that all Americans would be pens. Anytime you have seen that, you

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.071 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7625 know there are lots of moms and dads ibly complicated issue. As we have thousands of people I know across who have no other choice for their chil- been working our way through this Michigan. dren than to take them to the emer- very hard, we have heard from lots of Our current health care system is gency room. people in this discussion, those who op- bankrupting too many families. We We also have more and more people erate as a business, who make a profit know that over 60 percent of bank- who, because of dental problems—the off this current health care system, ruptcies are linked to medical ex- inability to get basic dental coverage— those who are involved in it in various penses. Seventy-five percent of families end up in the emergency room of the capacities. But I don’t think we hear who file for bankruptcy actually have hospital. When that happens, people enough from those who are affected, health insurance, and those who have are served. That is the job of the hos- from people in Michigan, people in insurance on average have medical ex- pitals, and I believe we should be focus- North Carolina, people around the penses of over $18,000 when they file, ing on emergency rooms and emer- country who are trying to take care of even though they have a health insur- gency room physicians and giving them their families, trying to be healthy, ance policy. It is even worse for those extra support because of what they do. trying to get the care they need when without insurance. But the reality is, they are served. they are sick, operating under this sys- Sandra Marczewski from Waterford, Then who pays for it? Well, everybody tem. MI, wrote to me that she and her hus- who has insurance pays for it because Because of that, I set up on my Web band have been without insurance for 7 the hospital then takes the uncompen- site something I am calling my Health months. She writes: ‘‘You have no idea sated care and rolls it over into the Care People’s Lobby. We have lots of the fear I walk around with every costs of those with insurance. That is lobbyists here. I have invited people day.’’ the system today. People get care. from Michigan to be a part of my This is a fear faced by millions of They walk in the emergency room Health Care People’s Lobby and share Americans, tens of millions of Ameri- cans, hard-working Americans, people sicker than they otherwise would be— their stories about what is happening who have done the right thing their maybe waiting until late Friday night for them. I wish to share a few of those whole life and now find themselves to have something happen, hoping they comments with my colleagues this struggling in this economy and facing were not going to have to go to the evening, from thousands of people who that fear. After they put the kids to doctor because they could not afford it, are now a part of my Health Care Peo- bed at night they say a little prayer: and they end up in the emergency room ple’s Lobby. Please don’t let the kids get sick. They on the weekend. Tricia Kersten from Bloomfield Hills, stay up worrying about what is going The reality is, we have now institu- MI, says she doesn’t understand why to happen if they do get sick; avoiding tionalized the system that is the most some Senators don’t seem to under- that cancer screening because they expensive way possible to provide stand the ‘‘unbelievable, daunting, and don’t want to hear it if it comes back health care in this country. So that is debilitating effect the cost of health positive, because they don’t think they a huge issue. care causes their voters.’’ can do anything about it. It is a fear We know if everybody is in it, if ev- She is right. We all need to be paying that grips the heart of too many Amer- erybody is part of the system, and we attention to that. The cost of health icans, and it is so critical that we move spread all the different ages and health care today, as I mentioned, is crushing forward in a way that will allow us to conditions and geographic disparities our families and businesses, large and address what is happening with Amer- and all of the different pieces and vari- small, and that has to be part of—and ables in the system, and we have every- ican families. it is, it is—part of the goal. In fact, it Lee Harshbarger of Ypsilanti lived body in some way covered—everybody is at the top of the list in terms of our with that fear. He had no health insur- in—costs actually go down, which is goals—lowering the cost. ance for 9 years. Thankfully, his wife’s also different than other kinds of goods Janet Rodriguez, St. Joseph, MI, job now covers him, but they worry and services. So health care is, in fact, wrote that her health care premiums every day: What will happen if she different. for her family of three are over $700 a loses her job or if her employer has to But we now have a system where we month. Because her employer pays a cut back on insurance or drop insur- are paying for this and providing for portion of her premium, and because ance? What will happen then? this in the most expensive way pos- those premiums are going up and up It is not just families who are hurt- sible. So there are many reasons— every year, she hasn’t gotten a raise in ing either. We know it is our busi- many reasons—why we need to have a 3 years. nesses, large and small. I have had so sense of urgency about health care and This is a very common situation for many small business people come up to what we are doing here. We need to re- workers who get their insurance me and say: You have to do something. mind ourselves daily that this does not through their employer. More and I want to cover my 10 employees, my 5 go away just because we are not paying more people are having to trade off get- employees. I can’t even find insurance attention. When we are not paying at- ting a wage increase that would help for myself at a reasonable rate, let tention, the prices go up. When we are pay the mortgage and food and clothes alone the small group of people who not paying attention, people get sick. and send the kids to college for a work for me. When we are not paying attention, health care cost increase that is occur- A.J. Deeds from Ann Arbor, MI, used businesses continue either not to be ring, and their employers having to to operate a small business in Bir- able to cover their employees or drop pay more of that or their having to pay mingham. They had 12 employees and coverage because of what is happening more of that. they offered them health insurance, on the costs. Cheryl Crandall of Pontiac, MI, is but they soon found their competitors The only question we have is, when about to lose her COBRA benefits next didn’t offer these benefits and they are we going to act? That is the only month and has been shopping for per- were left behind competitively, so they question for us—not whether we are sonal insurance. Within 2 weeks, the faced what many businesses and fami- going to pay for it but it is how we are price had already jumped from $22 a lies face, which is a race to the bottom. going to pay for it. Are we going to cre- month to $667 a month. So it was $22, You can’t compete if you offer health ate a system that over time actually and it jumped to $667 a month. That is insurance or a good wage, so you drop lowers costs by doing the right thing $150 more than her house payment. She the health insurance and you push and having a system that incentivizes says: ‘‘We are very, very frugal people. down the wage. the right things or are we going to con- No big vacations, no expensive toys, By 1997, he wrote, they had to stop tinue to do what we do now: costs and we are not impoverished yet. But providing health insurance because going up, exploding, and the avail- premiums like this for mediocre cov- they couldn’t afford it anymore and be ability of care going down? That is the erage, large deductibles, large copays, competitive with the other companies system now. can break even the most stable fam- that didn’t offer insurance. That same As we discuss all of these issues, it is ily.’’ year, A.J.’s first child was born and his very complicated. All of us involved in We know that is what is happening. monthly insurance premium shot up to this wish it were not. This is an incred- Her story is shared by thousands and over $800 a month for three people.

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.072 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7626 CONGRESSIONAL RECORD — SENATE July 16, 2009 Some have argued that a public Bea Stachiw from Rochester Hills is there also be a public health care op- health insurance plan would put bu- also fed up with her insurance com- tion that is consumer driven, that is a reaucrats between you and your doc- pany. She has an individual policy, benchmark on the true cost of pro- tor. How many times have we heard which is one of the most expensive viding health care, so there can be that? But right now, we have a bureau- ways you can get insurance, that costs competition. It needs to be level and crat between you and your doctor, and her $400 a month as an individual, fair competition. I believe we need that it is an insurance company bureaucrat. which she describes as ‘‘sketchy, at the competition. This notion that the doctor can offer least, where I have to pay $2,500 up Madam President, we have a lot of whatever tests or procedure he or she front as a deductible.’’ She is limited work to do in the coming weeks. It is feels they should for you is just that; it to two doctors’ visits a year. So two very important work. The American is not in the real world. It is not real doctors’ visits. Talk about coming be- people have waited long enough for us that an individual who has insurance tween you and your doctor—two doc- to get this done. We know it is com- can go out and see a doctor or see any tors’ visits a year, and she has a copay. plicated. People of good will are work- doctor they want, get any procedure, She needed a routine medical proce- ing to come together on an approach, any treatment they want. They first dure and had to pay over $700 out of her but we need to get it done because peo- have to look through mounds of paper- pocket. For people struggling to make ple in each of our States—my great work in the insurance policy to see if it ends meet, those kinds of costs are not State of Michigan and across the coun- is covered, and then the first call the acceptable. People can’t afford this. try—are counting on us because the doctor makes is to the insurance com- Again, this whole process of health system doesn’t work now for too many pany to determine whether they will insurance reform is about supporting people. It is not acceptable. Getting pay for it. doctors and nurses to be able to do sick is not a choice. Worrying about I believe it is incredibly important what they were trained and want to do, your children, your family, your moms that we create a system—this is what and to be able to make health care and dads, your friends and neighbors, we are working to do—that is much available to Americans, young and old, more about doctors and patients, much and what will happen to them when with families, without, small busi- more about that. A critical part of they do get sick is a fear or a worry we this—and I appreciate that the indus- nesses and large. That is what this is need to be able to address. We need to try is supportive of this—is changing all about. take that worry off of the American I am very pleased we are working on the system so that someone can get in- people and say that we get it. an approach that would give people surance if they have a preexisting con- Health care should be a right, not a dition, that we change the rating bands choice, that would allow people to keep privilege, in the greatest country in to make it more affordable and do a their insurance if they wish to, and I the world. That is what this work we number of other insurance regulation think that many people—again, my are doing is all about. I very much reforms. This is incredibly important. own family would say, we want to keep hope we are going to have a product But it is also true that right now, your ours. Well, we are not in the Federal that will be widely supported and that decisions about health care depend system, so we know that many people we can move it on to the President as upon, A, whether you have health in- would say they are satisfied, that they soon as possible. surance; and B, what it will cover, like what they have. I say, great, to I suggest the absence of a quorum. what the copays are, what the pre- that. We want to make sure, No. 1, that The PRESIDING OFFICER. The miums are. You are in a box that is de- people can keep what they have, but if clerk will call the roll. pendent on whatever that insurance the system is broken for you, we want The legislative clerk proceeded to policy is and what it will cover. The to fix it. That is what health reform is call the roll. worst thing is when someone pays in about. Keep what you have if you like Mr. DODD. Madam President, I ask for years and believes something is it. Let us fix what is broken so every- unanimous consent that the order for covered, and it should be covered, and one has the opportunity to have the the quorum call be rescinded. finds out it is not or finds out they are health care they need. The PRESIDING OFFICER. Without ill and are then dropped. So there are a There are a number of ways in which objection, it is so ordered. number of changes that need to take we are working to do that. I mentioned Mr. DODD. Madam President, what is place there as well. earlier making sure that everyone is the business before the Senate? I have to put a plug in because in covered, a part of lowering the costs so The PRESIDING OFFICER. The Sen- Michigan we have, by State statute, es- we don’t have too many people using ate is considering S. 1390. tablished BlueCross BlueShield as a the emergency rooms inappropriately. Mr. DODD. And that is the Defense nonprofit to insure everyone in the We know that payments to providers authorization bill; is that correct? State, the insurer of last resort, and drive the system, and the proposal we The PRESIDING OFFICER. The Sen- that has worked very well for us, and I are all working on would focus on qual- ator is correct. am very appreciative of the great work ity, not quantity, of tests; would focus Mr. DODD. Madam President, I wish they do. That is not true everywhere. I on health and wellness, not sickness, so to spend a couple of minutes talking think we have some serious issues we are incentivizing those things that about one of the issues we are going to around the for-profit insurance compa- allow people to be healthy, that en- be debating and voting on in the next nies that we need to take a look at as courage and support primary care doc- number of days, and that is the consid- relates to the costs that people are tors as the first line of defense, and eration of the F–22 Raptor. paying. nurses as a first line of defense so that I, first of all, want to inform my col- Robert Balmes from Negaunee, MI, people being able to get the care and leagues, as I have on previous times, of up in the Upper Peninsula, had to jump the funding they need, the screenings, my interest in the subject matter. I am through hoops with his insurance com- the prevention they need, that is all not a member of the Armed Services pany to get a medical device he needed. part of this very important change. Committee. I have great respect for He was forced to deal with the com- The long-term savings in the system CARL LEVIN, one of my dearest friends, pany’s in-network sellers, even though come from changing the system to chairman of the committee, and JOHN he could have gotten the same device health care rather than sick care and MCCAIN, who is the ranking Republican much cheaper from a different supplier. quality rather than quantity. We also on the committee, and my colleague His 20 percent copay would have been know that, as I said before, insurance JOE LIEBERMAN serves on this com- much lower if he could have gotten the reform is an incredibly important part mittee, and many others who worked device from the seller of his choice. If of it, so everyone can get the insurance hard, I know, on the Defense authoriza- he could have gone where he wanted to they need, that it is affordable, and tion bill. go, it would have been cheaper, but he that they know they won’t be dropped One of the matters that is going to be wasn’t given the choice by the insur- if they get sick. the subject of some debate, as I men- ance company. He had to pay what the Finally, it is very important that we tioned, is the consideration of the addi- insurance company said or pay the have the right mix of choices, that we tional F–22 fighters that were voted on whole thing on his own. have private sector options but that by the committee, in a narrow vote, a

VerDate Nov 24 2008 06:20 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.073 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7627 13-to-11 vote, I am told. Now Senator While the government is picking win- craft versus those that exist in nations LEVIN and Senator MCCAIN have offered ners and losers, I have to ask my col- around the world. We are going to put an amendment that would strike the leagues: Do we truly believe that the ourselves at some risk, I would say to $1.75 billion for these additional air- domestic auto industry is more worth my colleagues. And that is not my con- craft. I want to address that subject saving than a critical portion of Amer- clusion alone. Listen to General matter. ica’s aerospace industry? Because that Corley, who heads up the Air Combat My State is going to be adversely af- is what we are talking about. Command, and listen to General fected. Somewhere between 2,000 and A government-mandated commission Wyatt, the director of the Air National 3,000 jobs will be jeopardized if this on the future of the U.S. aerospace in- Guard. They have warned us about this amendment carries. Obviously, that is dustry recently recommended that very issue. This is a very critical and of great concern to us in Connecticut. ‘‘the Nation immediately reverse the dangerous decision we are making. It is an argument I hope will have some decline in and promote the growth of a We have spent billions of dollars to weight with our colleagues as we are scientifically and technologically develop this plane—billions. We were all faced with these matters from time trained U.S. aerospace workforce,’’ supposed to build 381 of them. Now we to time. I know just making a Con- adding, ‘‘the breakdown of America’s have reduced that number to 187. In necticut argument to 99 Senators is intellectual and industrial capacity is doing so, we are committing ourselves not necessarily going to prevail. I hope a threat to national security and our to ending the production line. Termi- my colleagues will consider what we capability to continue as a world lead- nating the program will eliminate the are doing. er.’’ Here we are with unemployment opportunity for us to explore the mer- Our Nation leads the world in aero- rates going through the ceiling, and for its of developing an export model of the space. There is no one even close to our $1.75 billion—and it is expensive; I am F–22. We have allies that would benefit ability to produce the most sophisti- not saying it is not—but we are not in from purchasing a modified version of cated aircraft in the world. The F–22, any situation to allow any more Amer- this technology. By offering them this without any doubt, is the most sophis- ican jobs to be lost. These job losses capability, we would enhance our ticated aircraft in the world. But we are entirely preventable; it is within shared commitment to protecting glob- are told the Chinese and the Russians our power to protect the jobs of thou- al security. But this option will not be are quickly developing fifth generation sands of workers across the country. available if we adopt the Levin-McCain technology to compete with our F–22. And if the Levin-McCain amendment amendment. My concern is, if we end up doing prevails, I am afraid that some day I urge my colleagues to consider this what the Levin-McCain amendment people will look back, and say: What in issue. I know Members are facing a does—and that is to terminate this pro- the world were we thinking? What in great deal of pressure from all sides of gram prematurely—we end up with a the world were we thinking of, with this issue. But I think, as Members, we number of F–22s that will hardly pro- jobs at risk and talented people—engi- have an obligation, obviously, to re- vide the kind of security that will be neers, machinists—whom we rely on spond to the calls we get, but I would required. And for that $1.75 billion in every day to maintain our superiority argue that we have a higher responsi- this budget, we help sustain 25,000 jobs in this area. bility to analyze the implications of a nationwide. Madam President and my colleagues, vote such as this. I cannot help but notice that over we are about to face a 3-year produc- The implications of this vote, I the last few months the federal govern- tion gap between the F–22 and F–35. think, are profound and serious for our ment provided $65 billion to prop up a During that time, we will see many of country in terms of not only the eco- failing automobile industry. Chrysler our most skilled and experienced in- nomic and national security impact, and GM have gone through bank- dustry workers walk away. And it will but, for the thousands of American jobs ruptcy. A lot of people lost their jobs. be incredibly difficult, in fact I am not that are sustained by the F–22. $1.75 I was supportive of the effort to try sure it is possible, to reconstitute this billion is small in comparison to the and make a difference there. The indus- type of workforce. $65 billion we have spent already to try had failed in many ways. They had So either today or sometime next prop-up an industry that, frankly, not modernized and had fallen behind week we are going to, once again, con- should have shown far more leadership. world competition. So taxpayers pro- sider legislation to strip this provision The industries involved in this are not vided $65 billion and acquired signifi- of the bill—the provision that would failing. These are solid, sound busi- cant equity stakes in the companies to keep the most advanced fighter jet pro- nesses. Yet they are going to be dam- prop up our domestic automobile in- duction lines humming. Before that aged as a result of a vote that is quite dustry. vote, I hope my colleagues will ask frankly, not in the interest of our na- Here we are talking about $1.75 bil- themselves a very simple question: At tional security or our economy. lion to support an important segment a time of heightened security concerns I would urge my colleagues, over the of the aerospace industry that helps to and economic uncertainty, is it in our next several days, to think through provide jobs to thousands of American interest to cancel this program? Ac- this issue, to examine some of these workers. And we are about to say to cording to the F–22’s prime contractor, facts before coming here to cast a bal- our workers that the resulting produc- Lockheed Martin, the F–22 directly em- lot that will jeopardize both American tion gap is acceptable, at a time when ploys 25,000 people across the Nation jobs and our position as the global unemployment rates are expected to and an additional 70,000 in indirect leader in aerospace industry. exceed 10 percent. But for some reason, jobs. With over 1,000 suppliers in 44 With that, I yield the floor. some of my colleagues insist that we States, it has an economic impact of AMENDMENT NO. 1511 should not sustain part of the most so- over $12 billion. Ms. MIKULSKI. Madam President, I phisticated and advanced aerospace in- The decision to kill the F–22 will rise in strong support of the Smith dustrial base in the world for $1.75 bil- have further ramifications. With this amendment on hate crimes. This lion. In contrast, as I mentioned we are decision, America’s production lines of amendment mirrors the Local Law En- devoting $65 billion to the automobile advanced tactical aircraft will grind to forcement Enhancement Act, which I industry, which to many is a different a halt, and we are not expected to ramp have been proud to cosponsor. This matter. up again for another 3 years. What hap- amendment puts America’s values of I don’t understand that logic. This is pens to that workforce? I know what equality and freedom into action. the very same government that says happens to it. If my colleagues vote for Hate crimes are one of the most our domestic auto industry is worth this amendment, they will be voting shocking types of violence against in- saving, and I joined with my colleagues against our tactical aircraft industry. dividuals. They are motivated by ha- on that issue. As chairman of the They will be saying that the govern- tred and bigotry. But hate crimes tar- Banking Committee, I led the fight to ment can no longer support these 95,000 get more than just one person—they help save that industry in the Senate, skilled workers across our Nation. And are crimes against a community be- an industry run into the ground by to me, it doesn’t add up. cause of who they are—because of their shoddy management and no business The other day I went through a chart race, gender, sexual orientation, reli- plan whatsoever. explaining the capabilities of this air- gion or disability.

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.076 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7628 CONGRESSIONAL RECORD — SENATE July 16, 2009 We are a nation that cherishes our Mr. UDALL of Colorado. Madam fense programs, most notably the ongo- freedom. All Americans must be free to President, I rise today in support of ing operations in Iraq, Afghanistan, go to church, walk through their com- amendment No. 1511 to S. 1390. and the war on terror. It authorizes munities, attend school without the In the midst of my first campaign for funding for such crucial programs as fear that they will be the target of hate Congress in 1998, the Nation was missile defense and foreign military violence. We are nation that is built on shocked by the tragic death of Mat- aid for Afghanistan and Pakistan, as a foundation of tolerance and equality. thew Shepard. well as a 3.4-percent across-the-board Yet no American can be free from dis- We all know well the story of Mat- pay raise for the men and women in the crimination and have true equality un- thew—a 21-year-old University of Wyo- military. With such important issues less they are free from hate crimes. ming student who was brutally mur- at stake, we should not attach a con- That is why hate crimes are so destruc- dered simply for being gay. He was troversial piece of unrelated legislation tive. They tear at our Nation’s greatest beaten severely, tied to a fence, and that puts passage of the entire bill at strength—our diversity. left to die in freezing temperatures. risk. This amendment does two things—it Matthew was taken to a hospital in Last month, members of the Judici- helps communities fight these crimes Fort Collins, CO, where he never re- ary Committee received a letter from and it makes sure that those who are gained consciousness. the U.S. Commission on Civil Rights most often the target of hate moti- I was elected to Congress a month strongly urging us to vote against the vated violence have the full protection after Matthew’s murder. And for every proposed Hate Crimes Prevention Act. of our Federal laws. year thereafter, I have supported Fed- The Commission states this bill ‘‘will The amendment strengthens current eral hate crimes legislation that would do little good and a great deal of law to help local law enforcement in- later be renamed for him—The Mat- harm.’’ Those are very strong words vestigate and prosecute hate crimes. It thew Shepard Hate Crimes Prevention from the Federal body charged with in- does this by closing a loophole that Act. vestigating, reporting on, and making prevented the Federal Government Ten years later, in 2008, I asked my recommendations related to civil from assisting local and State police at fellow Coloradans to entrust me with rights issues. The Commission’s letter any stage of the investigative process. the honor of representing them in the details a number of specific concerns, Simply put—this bill authorizes Fed- Senate. During that campaign, I was including that the bill would permit eral law enforcement officers to get in- deeply saddened to learn about another Federal authorities to prosecute de- volved if State or local governments tragic murder this time in my home fendants who have been previously ac- want their help. That means local com- State of Colorado. quitted by State juries—a result that it munities, which often have very lim- In July of last year, 18-year-old describes as contrary to the spirit of ited resources for pursuing these types Angie Zapata was beaten to death in the double jeopardy clause of the Con- of crimes, will have the resources of the living room of her Greeley apart- stitution. Like the Commission, I be- the FBI and other Federal law enforce- ment. According to press accounts, lieve that hate crimes legislation poses ment agencies at their disposal to help Angie’s attacker claims that he bru- significant constitutional problems them more effectively prosecution inci- tally went after her with a fire extin- and risks undermining important prin- dents of hate violence. guisher, pummeling her until she could ciples of federalism. This amendment also improves cur- not fight back because of his hatred for No less than 45 States and the Dis- rent law so it protects more Ameri- transgender and gay people. This case trict of Columbia already have hate cans. It broadens the definition of hate is a sobering reminder that 10 years crimes laws. I am not aware of evi- crimes to include gender, sexual ori- after Matthew Shepard’s murder, vile dence that any State has been reluc- entation and disability. Today, gay and prejudice based on sexual orientation tant to aggressively prosecute hate lesbian Americans, women and those and gender identity still plagues our crimes. Furthermore, Federal sen- with disabilities are often targets of society. tencing guidelines already provide for hate motivated violence, but existing Unlike Federal law, Colorado has a enhancements for hate crimes based on Federal laws offer these communities strong hate crimes statute. The man race, color, religion, natural origin, no safeguards. That is the weakness in accused of killing Angie was the first ethnicity, gender, disability, or sexual our current law. And that is what this person in the Nation to be tried and orientation. In fact, in the case of Mat- legislation will fix. By passing this leg- eventually convicted under any State’s thew Shepard, for whom this bill is islation today, the Senate says to all hate crime law for killing a person be- named, his killers are appropriately Americans that you deserve the full cause of transgender orientation. I serving life sentences in prison for fel- protection of the law and you deserve hope that the successful prosecution of ony murder. to be free from hate violence. Angie’s killer in Colorado will be an The trend to try at the Federal level Hate crimes are crimes against more example for other States and dem- crimes that traditionally have been than one person—these crimes affect onstrate to Members of Congress that handled in State courts not only is tax- whole communities and create fear and it is time for the country as a whole to ing the judiciary’s resources and affect- terror in these communities and among follow our lead. ing its budget needs but also threatens all Americans. We need look no further President Obama has promised to to change the nature of our Federal than the horrific killings of James sign into law the expansion of hate system. The pressure in Congress to ap- Byrd and Matthew Shepard to know crimes statute to include sexual iden- pear responsive to every highly pub- the anger and grief that families and tity, gender identity and disability, licized societal ill or sensational crime communities experience because of ha- which is what the amendment before us needs to be balanced with an inquiry tred and bigotry. Hate crimes attack today would do. I am a cosponsor and into whether States are doing an ade- the fundamental values of our Nation— ardent supporter of this amendment quate job in these particular areas and, freedom and equality. This bill is an- because I believe now is the time in re- ultimately, whether we want most of other step in the fight to make sure membrance of Matthew and Angie and our legal relationships decided at the that in a nation that treasures these all other Americans who have been a national rather than local level. values these crimes do not occur. victim of violent crimes motivated by Federal courts were not created to So today I rise to support and urge hate to get this done. It is the right adjudicate local crimes, no matter how my colleagues to pass this much need- thing to do. heinous they may be. State courts han- ed and timely legislation. It is time Mr. KYL. Madam President, the Hate dle such problems. While there cer- that we put these American values into Crimes Prevention Act, which my col- tainly are areas in criminal law in action and pass this hate crimes bill. league from Vermont has offered as an which the Federal Government must The Local Law Enforcement Enhance- amendment to the Defense authoriza- act, the vast majority of local criminal ment Act says that all Americans are tion bill, should not be attached to cases should be decided in the State valued and protected—regardless of such an important piece of legislation. courts which are equipped for such race, religion, gender, sexual orienta- The Defense authorization bill author- matters. Matters that can be handled tion or disability. izes nearly $680 billion for national de- adequately by the States should be left

VerDate Nov 24 2008 04:13 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.069 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7629 to them; matters that cannot be so tections for victims of violence moti- light of the Democratic Attorney Gen- handled should be undertaken by the vated by sexual orientation and gender eral’s own testimony regarding the Federal Government. Neither Senator identity and to increase penalties for States’ laudable efforts to punish hate LEAHY nor other supporters of this bill hate crimes to deter such violence. crimes, it is even more clear that the have demonstrated that there is an epi- Unfortunately, not all States offer supporters of this legislation have not demic of hate-based violence that these protections—protections that all answered what would be a threshold State and local authorities can’t or Americans deserve. We need a strong question: Is it necessary? won’t prosecute, therefore justifying Federal law to serve as a backstop to The truth is that the vast majority of the need for a hate crimes bill. prevent hate motivated violence in States have hate crimes statutes on For these reasons, I strongly urge my America. the books. The acts associated with colleagues to vote against the Hate The recent tragic events at the Holo- this legislation—murder, assault, et Crimes Prevention Act amendment. caust museum have made clear that cetera—are punishable in every juris- Mr. LEAHY. Madam President, the these vicious crimes continue to haunt diction in the United States. Under our Senate is considering the bipartisan our country. This bipartisan legisla- legal system, defendants will, at times, Matthew Shepard Hate Crimes Preven- tion is carefully designed to help law receive penalties that many believe are tion Act of 2009 as an amendment to enforcement most effectively respond not sufficient given the nature of their the pending the pending National De- to this problem. crimes. In addition, because our crimi- fense Authorization Act. This impor- We stand to make real progress to- nal justice system is designed to pro- tant civil rights bill has been pending ward expanding Federal protections for tect defendants and place the heaviest for more than a decade and has passed victims of bias-motivated violence burdens on the government, some the Senate numerous times—in 2007, when we vote for cloture to end debate guilty parties undoubtedly go 2004, 2000, and 1999. It also has the sup- on the motion to proceed to this unpunished. But I have seen no evi- port of the Attorney General, and the amendment. dence whatsoever proving that these President has asked Congress to take Senators from both sides of the aisle inevitable occurrences happen more swift action on this bill. support this amendment. I call on all often in cases involving bias-motivated I thank Senator COLLINS, Senator my fellow Senators to join me in sup- violence and, to date, no such evidence SNOWE, and the 33 other bipartisan co- port of this amendment and to vote to has been provided. sponsors for their support for my end the delay of Senate consideration My amendment is similar to legisla- amendment, which contains the full of this important measure because ex- tion I have introduced in the past. In- text of the Matthew Shepard Hate panding hate crimes protections and stead of expanding the powers of the Crimes Prevention Act introduced by providing support to State, local, and Federal Government, it would mandate Senator KENNEDY. tribal enforcement efforts are long a study that would provide us with the I wish my friend could be here with overdue. That is why a vote for this information we should have before we us today. I commend the senior Sen- amendment is necessary. even consider taking such an approach. ator from Massachusetts for his stead- Mr. HATCH. Madam President, I rise Specifically, my alternative would re- fast leadership over the last decade in to speak about the Hatch amendment quire a study to compare over a 12- working to expand our Federal hate which will be called up later. month period the investigations, pros- crimes laws. As we have had the debate in this I thank the majority leader for offer- ecutions, and sentencing in States that Chamber over hate crimes legislation, ing this amendment on my behalf while have differing laws with regard to hate one obvious fact is revealed again and I chaired the hearing on Judge Sonia crimes. In addition, it would require a again. The proponents of the Matthew Sotomayor to be an Associate Justice report on the extent of those crimes Shepard Hate Crimes Prevention Act on the Supreme Court. I had hoped throughout the United States and the that we would reach a time agreement have not taken the time to answer success rate of State and local officials or at least an agreement to proceed to what should have been a threshold in combating them. this bipartisan amendment. Yet some question: Is it necessary? The amendment would also provide a Just a few short weeks ago, Attorney have sought to further delay passage of mechanism for the Department of Jus- this critical measure. General Eric Holder was gracious tice to provide technical, forensic, The hate crimes amendment would enough to testify before the Senate Ju- prosecutorial or any other assistance improve existing law by making it diciary Committee on this legislation. in the criminal investigation or pros- easier for Federal authorities to inves- During that hearing, I asked him spe- ecution of any crime ‘‘motivated by tigate and prosecute crimes of racial, cifically whether there was any evi- animus against the victim by reason of ethnic, or religious violence. Victims dence of crimes motivated by bias and the membership of the victim in a par- will no longer have to engage in a nar- prejudice that are not being adequately ticular class or group.’’ And it would row range of activities, such as serving addressed at the State level; whether authorize the Attorney General to as a juror, to be protected under Fed- there was a specific trend indicating make grants to States that lack the eral law. that, with regard to hate crimes, jus- necessary resources to prosecute these In addition, the hate crimes amend- tice is not being served in State courts. crimes. ment will provide assistance and re- His answer was not surprising to any- Contrary to what some of my col- sources to State, local and tribal law one who has been following this debate leagues may believe, Congress does not enforcement to address hate crimes. It for these many years. But if your only have the power to act in any manner also focuses the attention and re- knowledge of this issue came from the that it chooses. There are a number of sources of the Federal Government on statements made by the Democrats in constitutional issues raised by this leg- the problem of crimes committed support of this legislation, you would islation, including the extent of against people because of their sexual probably be very surprised. Congress’s power under the commerce orientation, gender, gender identity, or His answer was: No. There is not any clause and prohibitions that could chill disability, which is a long-overdue pro- statistical evidence indicating that the free speech in certain sectors of this tection. States are not up to the task of inves- country. Most apparently, this legisla- As a former State prosecutor, respect tigating, prosecuting, and punishing tion would impede on grounds that are for local and State law enforcement is crimes motivated by bias and preju- traditionally left to the States. Worst important to me. This amendment was dice. None. None whatsoever. The At- of all, it would do so when, if the At- carefully crafted to strike a proper bal- torney General said quite openly, in torney General is to be believed, the ance between Federal and local inter- fact, that the States were doing a fine States are by and large doing a fine job ests by allowing the Federal Govern- job addressing these crimes. at addressing these crimes. ment to appropriately support, but not This is not a new revelation. In the No one in this Chamber wants to see to substitute for, State and local law years Congress has been debating hate bias-motivated crimes go unpunished. enforcement. crimes legislation, many of us have That is not the question we are facing I come from a State that passed a been asking similar questions, and we today. The question is whether, given law almost a decade ago to expand pro- have received similar answers. But in the current state of affairs in most

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It is numerous claims that were unsuccess- It seems to me before we even con- a paragraph long, and I think by read- ful under the first exercise clause juris- sider such a broad and sweeping change ing it, it will help explain some of this prudence of the Supreme Court have ei- in the Federal criminal law we should to my colleagues: ther prevailed or were entitled to re- at the very least have enough informa- Nothing in this section or an amendment mand for more favorable review under tion before us to determine whether made by this section shall be construed or the Religious Freedom Restoration such law is necessary. My amendment applied in a manner that infringes any rights Act. My amendment seeks to protect would have us get that information under the First Amendment to the U.S. Con- religious motivated speech but it pro- and, in addition, establish a role for stitution, or substantially burdens any exer- tects speech. the Federal Government that is more cise of religion (regardless of whether com- What it says is, if you are in a narrow pelled by, or central to, a system of religious appropriate respecting the sovereignty belief), speech, expression, association, if category of where you are intending of the States and the limits on Federal such exercise of religion, speech, expression, this speech to cause somebody bodily power established under the Constitu- or association was not intended to—(1) plan harm, then you are not protected, and tion. or prepare for an act of physical violence; or you should not be protected. But, if It should be noted that this bill that (2) incite an imminent act of physical vio- otherwise, you are exercising your has been called up is named the Mat- lence against another. right of free speech or religious asso- thew Shepard bill. What happened to There is some lawyerese in that, but ciation, you are entitled to the protec- Mr. Shepard was brutal, heinous, what it says is you have free speech un- tion under the Constitution. awful, unforgivable. But the fact is, the less it is intended to plan or prepare for It would be my hope that my col- perpetrators are now spending the rest an act of physical violence or incite an leagues would look at this amendment of their lives in prison because the imminent act of physical violence and they would say that what we are local judiciary and system tried and against another. putting forward is an amendment convicted them. There is a real ques- In other words, if you are saying this which has passed this body previously, tion whether we should put into law to try to incite people to physical vio- passed this body in a strong bipartisan this hate crimes bill that I believe is lence or an imminent act of physical vote, is one that we want to stick going to cause a lot more problems violence, that is not protected. But ev- with—that definition and not this than it will help, especially since there erything else is free speech and may be broader one that can be interpreted as is no basic evidence that the State and seen by some as religious expression. limiting first amendment freedom of local governments are incapable or un- What we are trying to do is narrow expression or religious association. able to take care of these types of this, tying it into the actual act that That is a simple amendment I have crimes. takes place and not be an act that in- put forward. I ask my colleagues to I think there is a lot of beating of the timidates people’s expression of their look at the amendment itself. It is one breasts and acting like we are doing ideas or expression of their religious paragraph long. I ask they support this something when in fact all we are convictions that they may hold. amendment. doing is gumming up the law if we pass I hope my colleagues will look at this I yield the floor and suggest the ab- this bill, and I think doing so unconsti- and say, yes, that is what we mean to sence of a quorum. tutionally, in the end, basically is do, and not to sort of have a chilling ef- The PRESIDING OFFICER. The making it possible to bring hate crimes fect on all free speech, all free expres- clerk will call the roll. actions all over the country in a multi- sion, on all free expression within a re- The assistant legislative clerk pro- plicity of ways that will cost the Fed- ligious organization or group that may ceeded to call the roll. eral Government untold amounts of have some differing views. Mr. REID. I ask unanimous consent money that should not be spent. Frankly, I don’t think, if we have a that the order for the quorum call be All of us are against hate crimes. bill that intimidates or chills first rescinded. Every one of us would do everything we amendment free speech or religious ex- The PRESIDING OFFICER (Mr. possibly can to get rid of them. But pression, that it is going to stand con- BEGICH). Without objection, it is so or- until there is evidence that the State stitutional challenge. That is why I am dered. and local governments are not doing putting forward this amendment. Mr. REID. Mr. President, Senator the job—and that evidence we have The current language of this bill at- MCCONNELL and I appreciate everyone’s asked for, for years now, and they have tempts to project the free exercise of patience. never been able to produce any. Until religion solely to a first amendment I now ask unanimous consent that that is produced we should not go constitutional framework. I think this upon disposition of the Hatch amend- ahead and pass legislation like this. is problematic because the Supreme ment, Leahy alternative to Brownback I yield the floor. Court has severely limited those first amendment and Brownback amend- The PRESIDING OFFICER. The Sen- amendment rights, particularly regard- ments specified below, the Senate pro- ator from Kansas is recognized. ing free religious expression as a result ceed to vote on the motion to invoke Mr. BROWNBACK. Madam President, of a decision in an Employment Divi- cloture on the Leahy amendment No. there is soon to be an announced agree- sion, Department of Human Resources 1511; further, that when this agreement ment. In that there will be an amend- of Oregon v. Smith. It was a Ninth Cir- is entered, amendment No. 1539 be ment I am putting forward to protect cuit Court opinion. withdrawn, and that the following list free speech. I hope all my colleagues The Congress, after that opinion was of amendments be the only amend- would join me in supporting the issued, was quick to recognize the dam- ments on the subject of hate crimes re- amendment I am putting forward on age done to religious freedom in Smith maining in order during the pendency the hate crimes bill. I think it is very and in response passed the Religious of S. 1390: Hatch amendment regarding important that we protect free speech. Freedom Restoration Act. This act alternative; Leahy or designee alter- It has been one of the things my col- serves as a framework created by Con- native to Brownback amendment; leagues who support the hate crimes gress to protect religious free speech in Brownback amendment regarding first legislation are saying: Look, we are other contexts. That is what this amendment protections, Leahy or des- protective of free speech. We are pro- amendment is taking from, this bill ignee alternative to Sessions death tective of religious expression. that has already passed this Congress penalty; Sessions amendment regard- If that is the case, I hope they will by a wide margin, the Religious Free- ing death penalty; Sessions amendment vote for the amendment I am putting dom Restoration Act. regarding servicemembers; Sessions forward. My amendment adopts language from amendment regarding attorney general I think it is important we be very that bill in contrast to the free exer- regulations; that all of the above clear on the protection of free speech cise jurisprudence of the Supreme amendments be first-degree amend- and religious protection as protected in Court. Courts have noted that the con- ments except the Hatch, Brownback the first amendment in this bill as a gressionally created Religious Freedom and Leahy alternative to Brownback

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When we complete that, we will ical violence or incite an imminent act amendments listed above be limited to finish the work in 2 hours on the F–22 of physical violence against another, it 40 minutes each, prior to a vote in rela- amendment. is not protected, that is not protected tion thereto, except the Hatch, Leahy So next week, everybody, we will speech; otherwise, you have free speech alternative and Brownback amend- start early on Monday, as I have indi- and the right to free speech expression ments; and the cloture vote debate cated, and we will have, perhaps, some and religious freedom expression. time be limited to up to 4 minutes long days. This is an important piece of It is important that we have a very each, equally divided and controlled in legislation. clear definition—a narrow definition the usual form, with the time equally The PRESIDING OFFICER. Without but a very clear definition—of what is divided and controlled in the usual objection, it is so ordered. protected and what is not protected form; that if there is a sequence of Mr. REID. We appreciate everyone’s speech in this very critical area of first votes, then any subsequent votes after cooperation. It has been very difficult amendment rights and limitations we the first would be limited to 10 minutes to get this, but I think it will move to are putting in here. each; that upon disposition of the list- get the Defense bill done at an earlier It is a very short amendment, a very ed amendments, all postcloture time be time. important amendment on the hate yielded back; further, that the Hatch, The PRESIDING OFFICER. The Sen- crimes legislation. I ask my colleagues Leahy alternative to Brownback and ator from Massachusetts. for their support again, as many of my Brownback amendments be first de- Mr. KERRY. Will these votes be 10- colleagues have already voted for it in bated and voted tonight, that upon dis- minute votes? an overwhelming number. position of those amendments, the Sen- Mr. REID. We have already indicated I thank my colleagues for their re- ate proceed to vote on the motion to the first one will be 15. We hope to do view of this amendment. I hope they invoke cloture on amendment No. 1511; some by voice. That is possible. can vote for it. that if cloture is invoked, then amend- Mr. KERRY. I thank the leader. I yield the floor. ment No. 1511, as amended, if amended, The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. The Sen- be agreed to and the motion to recon- ator from Kansas. ator from Vermont. sider be laid upon the table; further, AMENDMENT NO. 1610 TO AMENDMENT NO. 1511 Mr. LEAHY. Mr. President, once this that notwithstanding adoption of Mr. BROWNBACK. Mr. President, I amendment of the Senator from Kan- amendment No. 1511, as amended, if call up my amendment No. 1610 and ask sas is disposed of, I will then offer an amended, the remaining amendments that it be brought before the body. amendment. My amendment would pre- relating to hate crimes still be in The PRESIDING OFFICER. The serve the first amendment protections order; further, that if cloture is not in- clerk will report. in the hate crimes bill and add lan- voked on the Leahy amendment, then The assistant legislative clerk read guage to clarify that nothing in this the motion to reconsider be considered as follows: act diminishes the protections of the first amendment. Of course, we could entered and the part of the agreement The Senator from Kansas [Mr. BROWNBACK] relating to the amendments with re- proposes an amendment numbered 1610 to not pass a bill, as I am sure the Sen- spect to hate crimes be null and void; amendment No. 1511. ator from Kansas knows, Congress provided further that if upon reconsid- Mr. BROWNBACK. I ask unanimous could not pass legislation that would eration, and cloture is invoked, then consent that reading of the amendment diminish the protections of the first the remaining amendments not dis- be dispensed with. amendment, the first amendment being posed of prior to the cloture vote re- The PRESIDING OFFICER. Without in the Constitution, the first amend- main in order; further, that the next objection, it is so ordered. ment protecting our right to practice first-degree amendment in order to S. The amendment is as follows: whatever religion we want or none if we want and protecting our right of 1390 be a Republican amendment, with (Purpose: To clarify that the amendment no amendment in order to the amend- shall not be construed or applied to in- free speech. ment during today’s session, with the fringe on First Amendment rights) At the appropriate time, I will have amendment being offered tonight and Strike page 16, line 24 through page 17, line an amendment which would preserve debate commencing on the amendment 7 and insert the following: first amendment protections in the when the Senate resumes consideration SEC. lll. CONSTRUCTION AND APPLICATION. hate crimes bill and add language to of the bill on Monday, following dis- Nothing in this division, or an amendment clarify that nothing in this act dimin- position of the Leahy alternative and made by this division, shall be construed or ishes the protections of the first Sessions amendments listed above; applied in a manner that infringes on any amendment. I would assume the Sen- that upon disposition of the Republican rights under the first amendment to the Con- ator from Kansas would have no objec- amendment specified above, Senator stitution of the United States, or substan- tion to that. tially burdens any exercise of religion (re- LEVIN be recognized to offer the Levin- The PRESIDING OFFICER. The Sen- gardless of whether compelled by, or central McCain amendment relating to the F– ator from Kansas. to, a system of religious belief), speech, ex- Mr. BROWNBACK. I certainly don’t 22, with debate on that amendment pression, association, if such exercise of reli- limited to 2 hours, with the time equal- gion, speech, expression, or association was have an objection to an amendment ly divided and controlled between Sen- not intended to— being brought up. I would note that ators LEVIN and CHAMBLISS or their (1) plan or prepare for an act of physical vi- this is a very important area we are designees; that upon the use or yield- olence; or treading on, limitation of people’s free ing back of that debate time, the Sen- (2) incite an imminent act of physical vio- speech and religious association they ate proceed to vote on the amendment, lence against another. have. What I am offering is language with no amendment in order to the Mr. BROWNBACK. Mr. President, that has passed this body by a large Levin-McCain amendment. this is part of the agreement we had for margin before, 97 to 3. I hope to see the The PRESIDING OFFICER. Is there votes on side-by-sides. language the Senator from Vermont is objection? What this amendment does is put for- putting forward. If it is the language Mr. MCCONNELL. Reserving the ward and into this bill language that that is currently in the bill, this is right to object, and I will not object, I this body has already passed by a vote quite untested language in a very lim- ask my friend the majority leader, am of 97 to 3. It is language that was in the ited area. I read his language to be I correct that after the four votes to- Religious Freedom Restoration Act. It quite expansive. I think it would be night, the next vote will be on Monday is to protect individuals’ religious free- questionable, going into constitutional at roughly what time? dom, their freedom of expression. It territory. But the bigger point on this Mr. REID. Probably around 3 o’clock. has passed this body overwhelmingly. being that I believe my colleagues who We are going to come in Monday at 1 It narrows the definition and it says want to pass the hate speech legisla- and work through these amendments that if you intend to incite somebody tion have been saying all along this we have remaining on hate crimes, and to do physical harm to another indi- does not limit somebody’s right of free

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Will the Senator yield my colleague would agree, as a law- that in its interpretation or leaving for a question? yer—— that to the court. Mr. LEAHY. Of course. The PRESIDING OFFICER. The time If I have the language correct that he Mr. LEVIN. The amendment of the on the amendment has expired. is putting forward in reinstating this, I Senator from Vermont makes it very Mr. BROWNBACK. Mr. President, I really hope my colleagues would look clear that included in first amendment ask for the yeas and nays on the at both of these and say they do want rights are the rights to peaceful pick- Brownback amendment. a very narrow, specific definition put eting or demonstration. That is not in- The PRESIDING OFFICER. Is there a forward. cluded in the Brownback amendment. sufficient second? The PRESIDING OFFICER. The Sen- Would the Senator from Vermont There appears to be a sufficient sec- ator from Vermont. agree, however, that we don’t need to ond. Mr. LEAHY. Mr. President, I have no choose between the two amendments? The yeas and nays were ordered. objection to just accepting by voice They both state important truths and The PRESIDING OFFICER. The Sen- vote his amendment if the language make very important contributions. Is ator from Michigan. was previously voted on in the last it not the Senator’s understanding that Mr. LEVIN. Mr. President, par- Congress and has been pending for both amendments can be adopted, that liamentary inquiry: I understand the some time. they are not at all inconsistent with first vote under the unanimous consent Mine is very short. I call on any Sen- each other? agreement will be on the Leahy amend- ator to tell me if there is anything Mr. LEAHY. I agree with that. And ment; is that correct? they disagree with. It says: speaking as the chairman of the Senate The PRESIDING OFFICER. Hatch. Mr. LEVIN. In terms of these two Nothing in this division, or amendment Judiciary Committee, I am perfectly made by this division, shall be construed to willing to accept both of them. I would amendments? diminish any rights under the first amend- be surprised if my friend from Kansas The PRESIDING OFFICER. Hatch. ment to the Constitution of the United feels otherwise. And then after Hatch, Leahy, then States. The PRESIDING OFFICER. The Sen- Brownback. Nothing in this division shall be construed ator from Kansas. Mr. LEVIN. All right. So that after to prohibit any constitutionally protected Mr. BROWNBACK. Thank you very the disposition of the Hatch amend- speech, expressive conduct or activities (re- much, Mr. President. ment, the first amendment to be dis- gardless of whether compelled by, or central I thank my colleagues, and I thank posed of between these two would be to, a system of religious belief), including the exercise of religion protected by the first the chairman of the Armed Services the Leahy amendment? amendment to the Constitution of the Committee for his comment on this The PRESIDING OFFICER. That is United States and peaceful picketing or dem- issue. correct. onstration. The Constitution does not pro- I guess the conferees will have to Mr. LEVIN. I would hope that to ex- tect speech, conduct or activities consisting deal with a difficult issue outside the pedite things the Senator from of planning for, conspiring to commit, or jurisdiction of the committee, particu- Vermont would consider a voice vote committing an act of violence. larly on something like hate crimes, because I think both of these amend- Does any Member of this body, Re- which I really have great question as ments will pass, and should pass, and publican or Democratic, disagree with to why on Earth we would do this on a we can save the body’s time. that language? Basically, it says the DOD authorization bill. But I would like to suggest that even Constitution is the Constitution. We But I would like to point out that my though the Senator from Kansas wants follow the Constitution. Does anyone colleague, the chairman of the Judici- a rollcall, both amendments should be disagree with that language? ary Committee, has been in that com- adopted, and if the Senator from Mr. DURBIN. Will the Senator yield mittee for a long period of time, and he Vermont can accept a voice vote when for a question? knows these issues very well. What his it comes his turn, I think that will in- Mr. LEAHY. Yes. amendment puts forward is something dicate the clear will of the body, and Mr. DURBIN. Does the Senator from that will be interpreted then by the then we would proceed to another clear Vermont recall that when Attorney courts. It will have to be interpreted by will of the body on the amendment of General Holder appeared before the Ju- the courts, and it has broader lan- the Senator from Kansas. diciary Committee, he was asked guage. Mr. LEAHY. Mr. President, to answer pointblank if, in the course of a reli- What I am putting forward is very the Senator from Michigan, I am per- gious ceremony or religious observ- specific language that puts a clear in- fectly willing to voice vote both of ance, a person gave a sermon, made a tent of the Congress not to limit cer- them. I intend to vote for both of them. speech that was negative toward people tain types of speech but to limit speech We are saying that you have a freedom of different sexual orientation and that is associated with physical harm of religion, and the courts cannot un- someone in the congregation, after or the incitement of physical harm. dermine the first amendment. hearing the sermon, committed an act That seems to me to be clearly appro- This is hornbook law. This is your of violence, the Attorney General was priate for us to do, probably a better first week of law school. No court is asked, would the person who gave the thing to do on the hate crimes legisla- going to disagree with that. I am per- sermon, gave the speech, be held re- tion—for us to be very specific and nar- fectly willing to accept both by a voice sponsible under the hate crimes act row in this area where we are treading vote. and the Attorney General responded no into first amendment religious expres- AMENDMENT NO. 1613 TO AMENDMENT NO. 1511 because the hate crimes act requires a sion areas. So, Mr. President, I offer my amend- physical act of violence in order for I would like to read my language, if ment and send it to the desk. there to be a prosecution? Does the I could, to my colleague. It says—and The PRESIDING OFFICER. The Senator from Vermont recall that? this is the operative part of this—‘‘if clerk will report the amendment. Mr. LEAHY. I recall that very well. I such exercise of religion, speech, ex- The legislative clerk read as follows: also note that every single Republican, pression, or association was not in- The Senator from Vermont [Mr. LEAHY] every single Democratic member on tended to’’—so it protects every area proposes an amendment numbered 1613 to the committee agreed with Attorney except what is ‘‘not intended to plan or amendment No. 1511. General Holder on that. prepare for an act of physical violence; The amendment is as follows: My amendment simply says that the or incite an imminent act of physical At the end of the amendment, insert the Constitution of the United States con- violence against another.’’ following:

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(b) FIRST AMENDMENT.—Nothing in this di- (D) COSTS.—Participating jurisdictions $5,000,000 for each of the fiscal years 2010 and vision, or an amendment made by this divi- shall be reimbursed for the reasonable and 2011 to carry out this section. sion, shall be construed to diminish any necessary costs of compiling data collected Mr. HATCH. Mr. President, the pur- rights under the first amendment to the Con- under this paragraph. pose behind this amendment is simple. stitution of the United States. (2) STUDY OF RELEVANT OFFENSE ACTIVITY.— The proponents of the Matthew (c) CONSTITUTIONAL PROTECTIONS.—Nothing (A) IN GENERAL.—Not later than 18 months in this division shall be construed to prohibit after the date of enactment of this Act, the Shepard Hate Crimes Prevention Act any constitutionally protected speech, ex- Comptroller General of the United States have yet to answer what should have pressive conduct or activities (regardless of shall complete a study and submit to Con- been the threshold question: Is it really whether compelled by, or central to, a sys- gress a report that analyzes the data col- necessary? tem of religious belief), including the exer- lected under paragraph (1) and under section My amendment would mandate a cise of religion protected by the first amend- 534 of title 28, United States Code, to deter- study to determine whether the States ment to the Constitution of the United mine the extent of relevant offense activity throughout the United States and the suc- are adequately addressing bias-moti- States and peaceful picketing or demonstra- vated violence. To date, we have seen tion. The Constitution does not protect cess of State and local officials in combating speech, conduct or activities consisting of that activity. no evidence that they are not. In fact, planning for, conspiring to commit, or com- (B) IDENTIFICATION OF TRENDS.—In the we have asked the Attorney General, mitting an act of violence. study conducted under subparagraph (A), the for years now, to come up with any evi- The PRESIDING OFFICER. The Sen- Comptroller General of the United States dence they can. In the hearing before shall identify any trends in the commission ator from Utah. the Judiciary Committee recently, he of relevant offenses specifically by— specifically stated the States are doing AMENDMENT NO. 1611 TO AMENDMENT NO. 1511 (i) geographic region; Mr. HATCH. Mr. President, I call up (ii) type of crime committed; and a good job at addressing hate crimes. amendment No. 1611 and ask for its im- (iii) the number and percentage of relevant It would also authorize the Justice mediate consideration. offenses that are prosecuted and the number Department to provide limited aid and The PRESIDING OFFICER. The for which convictions are obtained. assistance in State prosecutions of clerk will report. (c) ASSISTANCE OTHER THAN FINANCIAL AS- bias-motivated crimes. SISTANCE.—At the request of a law enforce- The legislative clerk read as follows: In almost every case raised by the ment official of a State or a political sub- proponents of a horrific act of violence The Senator from Utah [Mr. HATCH] pro- division of a State, the Attorney General, poses an amendment numbered 1611 to acting through the Director of the Federal motivated by prejudice, the perpetra- amendment No. 1511. Bureau of Investigation and in cases where tors have been dealt with adequately at Mr. HATCH. Mr. President, I ask the Attorney General determines special cir- the State level. unanimous consent that reading of the cumstances exist, may provide technical, fo- In the Matthew Shepard case, the amendment be dispensed with. rensic, prosecutorial, or any other assistance two perpetrators are spending life in in the criminal investigation or prosecution prison. In other cases, some have had The PRESIDING OFFICER. Without of any crime that— objection, it is so ordered. the death penalty, and others have (1) constitutes a crime of violence (as de- spent life in prison. The amendment is as follows: fined in section 16 of title 18, United States (Purpose: To prevent duplication in the Code); Before we start overriding State ef- Federal government) (2) constitutes a felony under the laws of forts, I believe we should at least make At the appropriate place, insert the fol- the State; and an effort to determine whether there is lowing: (3) is motivated by animus against the vic- a legitimate Federal role in the pros- SEC. ll. COMPREHENSIVE STUDY AND SUP- tim by reason of the membership of the vic- ecution of hate crimes. That is what PORT FOR CRIMINAL INVESTIGA- tim in a particular class or group. my amendment would do, and I hope TIONS AND PROSECUTIONS BY (d) GRANTS.— our colleagues will consider voting for STATE AND LOCAL LAW ENFORCE- (1) IN GENERAL.—The Attorney General MENT OFFICIALS. may, in cases where the Attorney General it. (a) IN GENERAL.—Notwithstanding any determines special circumstances exist, The PRESIDING OFFICER. The Sen- other provision of this Act, division E of this make grants to States and local subdivisions ator from Vermont. Act (relating to hate crimes), and the of States to assist those entities in the in- Mr. LEAHY. Mr. President, I know amendments made by that division, shall vestigation and prosecution of crimes moti- the hour is late. The matter is very have no force or effect. vated by animus against the victim by rea- simple. The Hatch amendment kills (b) STUDIES.— son of the membership of the victim in a par- the hate crimes legislation. If you want (1) COLLECTION OF DATA.— ticular class or group. to kill the hate crimes legislation, vote (A) DEFINITION OF RELEVANT OFFENSE.—In (2) ELIGIBILITY.—A State or political sub- for the Hatch amendment. If you do this paragraph, the term ‘‘relevant offense’’ division of a State applying for assistance means a crime described in subsection (b)(1) under this subsection shall— not want to kill the hate crimes legis- of the first section of Public Law 101-275 (28 (A) describe the purposes for which the lation, if you want a chance to vote on U.S.C. 534 note) and a crime that manifests grant is needed; and something the Senate has voted for evidence of prejudice based on gender or age. (B) certify that the State or political sub- time and time again, then vote against (B) COLLECTION FROM CROSS SECTION OF division lacks the resources necessary to in- the Hatch amendment. STATES.—Not later than 120 days after the vestigate or prosecute a crime motivated by The Attorney General testified at the date of enactment of this Act, the Comp- animus against the victim by reason of the request of the Republicans. He testified troller General of the United States, in con- membership of the victim in a particular before the Senate Judiciary Committee sultation with the National Governors’ Asso- class or group. ciation, shall, if possible, select 10 jurisdic- (3) DEADLINE.—An application for a grant and endorsed the legislation before us. tions with laws classifying certain types of under this subsection shall be approved or The Hatch amendment—perhaps well- offenses as relevant offenses and 10 jurisdic- disapproved by the Attorney General not meaning; I assume it is—would, in ef- tions without such laws from which to col- later than 10 days after the application is fect, eviscerate the hate crimes legisla- lect the data described in subparagraph (C) submitted. tion. It would kill the hate crimes leg- over a 12-month period. (4) GRANT AMOUNT.—A grant under this islation. (C) DATA TO BE COLLECTED.—The data de- subsection shall not exceed $100,000 for any The question is very simple: Vote for scribed in this paragraph are— single case. Hatch; you kill the hate crimes legisla- (i) the number of relevant offenses that are (5) REPORT AND AUDIT.—Not later than De- reported and investigated in the jurisdiction; cember 31, 2010, the Attorney General, in tion. Vote against it, we have a chance (ii) the percentage of relevant offenses that consultation with the National Governors’ to vote for the hate crimes legisla- are prosecuted and the percentage that re- Association, shall— tion—something the Senate has voted sult in conviction; (A) submit to Congress a report describing for several times before and something (iii) the duration of the sentences imposed the applications made for grants under this the Attorney General supports based for crimes classified as relevant offenses in subsection, the award of such grants, and the on a hearing we had at the request of the jurisdiction, compared with the length of effectiveness of the grant funds awarded; and the Republicans within the past sentences imposed for similar crimes com- (B) conduct an audit of the grants awarded mitted in jurisdictions with no laws relating month. under this subsection to ensure that such The PRESIDING OFFICER. The Sen- to relevant offenses; and grants are used for the purposes provided in (iv) references to and descriptions of the this subsection. ator from Utah. laws under which the offenders were pun- (e) AUTHORIZATION OF APPROPRIATIONS.— Mr. HATCH. Mr. President, do I have ished. There is authorized to be appropriated any time remaining?

VerDate Nov 24 2008 05:22 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A16JY6.010 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7634 CONGRESSIONAL RECORD — SENATE July 16, 2009 The PRESIDING OFFICER. The Sen- [Rollcall Vote No. 231 Leg.] body has previously expressed. I think ator from Utah has 40 seconds remain- YEAS—29 it is important that we put this for- ing. Barrasso Ensign McConnell ward. It says that if you are speaking Mr. HATCH. Mr. President, my Bennett Enzi Murkowski and intending to incite physical vio- Brownback Grassley Risch lence or imminent threat, that is not amendment does not kill the hate Burr Hatch Roberts protected speech. But otherwise you crimes opportunity. It says, let’s do a Chambliss Hutchison Sessions study. Let’s know what we are talking Coburn Inhofe Shelby have protected speech. It puts a much about. Let’s see if there is a real need Cochran Isakson Thune finer definition on it that is important Cornyn Johanns Vitter for this bill. With all of the constitu- Crapo Kyl for this legislation. Wicker tional ramifications this bill has, it DeMint McCain I urge my colleagues to vote for this amendment. says: Let’s be cautious. Let’s just not NAYS—62 go pell-mell into the maelstrom with- The PRESIDING OFFICER. The yeas Akaka Gillibrand Nelson (NE) and nays have been ordered on the out knowing what we are talking Baucus Hagan Nelson (FL) about. Bayh Harkin Pryor amendment. The question is on agreeing to the Mr. LEVIN. Mr. President, is there Begich Inouye Reed Bennet Johnson amendment. any time remaining for the opponents? Reid Bingaman Kaufman Rockefeller The clerk will call the roll. The PRESIDING OFFICER. There is Boxer Kerry Sanders The legislative clerk called the roll. Brown Klobuchar Schumer 45 seconds. Burris Kohl Mr. DURBIN. I announce that the Shaheen Cantwell Landrieu Senator from West Virginia (Mr. BYRD Mr. LEVIN. Mr. President, the Hatch Snowe amendment is explicit. It is clear. On Cardin Lautenberg and the Senator from Massachusetts Carper Leahy Specter lines 6 and 7 on page 1, and lines 1 and Casey Levin Stabenow (Mr. KENNEDY) are necessarily absent. 2 on page 2, it says: ‘‘division E of this Collins Lieberman Tester Mr. KYL. The following Senators are Act (relating to hate crimes), and the Conrad Lincoln Udall (CO) necessarily absent: the Senator from Udall (NM) amendments made by that division, Dodd Lugar Kentucky (Mr. BUNNING), the Senator Dorgan McCaskill Voinovich shall have no force or effect.’’ It is ex- Durbin Menendez Warner from Tennessee (Mr. ALEXANDER), the plicit. It says: No hate crimes legisla- Feingold Merkley Webb Senator from Tennessee (Mr. CORKER), tion; instead, a study. Feinstein Mikulski Whitehouse the Senator from New Hampshire (Mr. Franken Murray Wyden I yield the floor. GREGG), the Senator from Florida (Mr. The PRESIDING OFFICER. The Sen- NOT VOTING—9 MARTINEZ), the Senator from South ator from Utah has 15 seconds. Alexander Byrd Gregg Carolina (Mr. GRAHAM), and the Sen- Bond Corker Kennedy ator from Missouri (Mr. BOND). Mr. HATCH. Mr. President, all it Bunning Graham Martinez Further, if present and voting, the says is, we would go a different route. The amendment (No. 1611) was re- Senator from Kentucky (Mr. BUNNING) We would do the study first, so we do jected. would have voted ‘‘yea,’’ the Senator not go off half cocked and do some- Mr. LEAHY. Mr. President, I move to from Tennessee (Mr. ALEXANDER) would thing that may be unconstitutional reconsider the vote. have voted ‘‘yea,’’ and the Senator and unsound. Mr. LEVIN. I move to lay that mo- from Tennessee (Mr. CORKER) would Mr. President, I ask for the yeas and tion on the table. have voted ‘‘yea.’’ nays on the amendment. The motion to lay on the table was The PRESIDING OFFICER. Are there The PRESIDING OFFICER. Is there a agreed to. any other Senators in the Chamber de- sufficient second? AMENDMENT NO. 1613 siring to vote? There appears to be a sufficient sec- The PRESIDING OFFICER. The The result was announced—yeas 78, ond. pending question is the amendment of nays 13, as follows: All time has expired on the Hatch the Senator from Vermont. [Rollcall Vote No. 232 Leg.] amendment. The Senator from Vermont is recog- YEAS—78 The question is on agreeing to the nized. Barrasso Feingold Merkley Mr. LEAHY. Mr. President, this Baucus Feinstein Murkowski amendment. Bayh Franken Murray The clerk will call the roll. amendment is very simple. Anybody Begich Grassley Nelson (NE) can read it in about a minute. It says The assistant legislative clerk called Bennet Hagan Nelson (FL) that nothing shall add to or detract Bennett Hatch Pryor the roll. from the first amendment to the Con- Bingaman Hutchison Risch Boxer Inhofe Roberts Mr. DURBIN. I announce that the stitution. No court in the country Senator from West Virginia (Mr. BYRD) Brownback Inouye Rockefeller would rule otherwise. It simply says Burr Isakson Sanders and the Senator from Massachusetts that regarding the right of free speech Cantwell Johanns Sessions (Mr. KENNEDY) are necessarily absent. in this country, nothing can be taken Carper Johnson Shaheen Mr. KYL. The following Senators are Casey Kaufman Shelby from it and nothing added to it. Chambliss Kerry Snowe necessarily absent: the Senator from The PRESIDING OFFICER. The Coburn Klobuchar Specter Tennessee (Mr. ALEXANDER), the Sen- question is on agreeing to the amend- Cochran Kohl Stabenow ator from Tennessee (Mr. CORKER), the Collins Kyl Tester ment. Conrad Landrieu Thune Senator from Missouri (Mr. BOND), the The amendment (No. 1613) was agreed Cornyn Levin Udall (CO) Senator from New Hampshire (Mr. to. Crapo Lieberman Udall (NM) GREGG), the Senator from Kentucky Mr. LEAHY. Mr. President, I move to DeMint Lincoln Vitter Dodd Lugar Voinovich (Mr. BUNNING), the Senator from Flor- reconsider the vote. Dorgan McCain Warner ida (Mr. MARTINEZ), and the Senator Mr. LEVIN. I move to lay that mo- Durbin McCaskill Webb from South Carolina (Mr. GRAHAM). tion on the table. Ensign McConnell Wicker Enzi Menendez Wyden Further, if present and voting, the AMENDMENT NO. 1610 Senator from Tennessee (Mr. ALEX- The PRESIDING OFFICER. The NAYS—13 ANDER) would have voted ‘‘yea,’’ the pending question is the amendment of Akaka Harkin Reid Senator from Tennessee (Mr. CORKER) Brown Lautenberg Schumer the Senator from Kansas. Burris Leahy Whitehouse would have voted ‘‘yea,’’ and the Sen- The Senator from Kansas is recog- Cardin Mikulski ator from Kentucky (Mr. BUNNING) nized. Gillibrand Reed would have voted ‘‘yea.’’ Mr. BROWNBACK. The language we NOT VOTING—9 The PRESIDING OFFICER. Are there put in the Religious Freedom Restora- Alexander Byrd Gregg any other Senators in the Chamber de- tion Act passed this body 97 to 3. This Bond Corker Kennedy siring to vote? language is much more targeted, so it Bunning Graham Martinez The result was announced—yeas 29, doesn’t leave it all to the interpreta- The amendment (No. 1610) was agreed nays 62, as follows: tion of the court. It expresses what this to.

VerDate Nov 24 2008 06:20 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.091 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE July 16, 2009 CONGRESSIONAL RECORD — SENATE S7635 Mr. BROWNBACK. I move to recon- Feingold Levin Rockefeller The amendment is as follows: Feinstein Lieberman Sanders sider the vote, and I move to lay that Franken Lincoln Schumer (Purpose: To amend chapter 44 of title 18, motion on the table. Gillibrand Lugar Shaheen United States Code, to allow citizens who The motion to lay on the table was Hagan McCaskill Snowe have concealed carry permits from the agreed to. Harkin Menendez Specter State in which they reside to carry con- Inouye Merkley Stabenow cealed firearms in another State that CLOTURE MOTION Johnson Mikulski Tester grants concealed carry permits, if the indi- The PRESIDING OFFICER. By unan- Kaufman Murkowski Udall (CO) vidual complies with the laws of the State) Kerry Murray Udall (NM) imous consent, pursuant to rule XXII, Klobuchar Nelson (NE) Voinovich At the end of subtitle H of title X, add the the Chair lays before the Senate the Kohl Nelson (FL) Warner following: pending cloture motion, which the Landrieu Pryor Webb SEC. 1083. RECIPROCITY FOR THE CARRYING OF clerk will report. Lautenberg Reed Whitehouse CERTAIN CONCEALED FIREARMS. Leahy Reid Wyden (a) FINDINGS.—Congress finds the fol- The legislative clerk read as follows: NAYS—28 lowing: CLOTURE MOTION (1) The second amendment to the Constitu- Barrasso Ensign McConnell We, the undersigned Senators, in accord- tion of the United States protects the right Bennett Enzi Risch of an individual to keep and bear arms, in- ance with the provisions of rule XXII of the Brownback Grassley Roberts cluding for purposes of individual self-de- Standing Rules of the Senate, hereby move Burr Hatch Sessions fense. to bring to a close debate on the Leahy Chambliss Hutchison Shelby amendment No. 1511 to S. 1390, the National Coburn Inhofe Thune (2) The right to bear arms includes the Defense Authorization Act for Fiscal Year Cochran Isakson Vitter right to carry arms for self-defense and the 2010. Cornyn Johanns Wicker defense of others. Crapo Kyl (3) Congress has previously enacted legisla- Evan Bayh, Roland W. Burris, Benjamin DeMint McCain L. Cardin, Patrick J. Leahy, Sheldon tion for national authorization of the car- Whitehouse, Jeff Bingaman, Bernard NOT VOTING—9 rying of concealed firearms by qualified ac- Sanders, John F. Kerry, Carl Levin, Alexander Byrd Gregg tive and retired law enforcement officers. Frank R. Lautenberg, Dianne Fein- Bond Corker Kennedy (4) Forty-eight States provide by statute stein, Tom Harkin, Robert Menendez, Bunning Graham Martinez for the issuance of permits to carry con- cealed firearms to individuals, or allow the Richard J. Durbin, Christopher J. The PRESIDING OFFICER. On this Dodd, Charles E. Schumer, Harry Reid. carrying of concealed firearms for lawful vote, the yeas are 63, the nays are 28. purposes without need for a permit. The PRESIDING OFFICER. By unan- Three-fifths of the Senators duly cho- (5) The overwhelming majority of individ- imous consent, the mandatory quorum sen and sworn having voted in the af- uals who exercise the right to carry firearms call is waived. firmative, the motion is agreed to. in their own States and other States have The question is, Is it the sense of the Under the previous order, the Leahy proven to be law-abiding, and such carrying Senate that debate on amendment No. amendment, as amended, is agreed to. has been demonstrated to provide crime pre- 1511 offered by the Senator from The motion to reconsider is consid- vention or crime resistance benefits for the Vermont, Mr. LEAHY, to S. 1390, the Na- ered made and laid upon the table. licensees and for others. tional Defense Authorization Act for (6) Congress finds that the prevention of The Senator from Vermont. lawful carrying by individuals who are trav- fiscal year 2010, shall be brought to a Mr. LEAHY. Mr. President, I thank eling outside their home State interferes close? my colleagues for accepting the with the constitutional right of interstate The yeas and nays are mandatory amendment. I also thank the distin- travel, and harms interstate commerce. under the rule. The clerk will call the guished Senator from Michigan, the (7) Among the purposes of this Act is the roll. chairman of the committee, and the protection of the rights, privileges, and im- The assistant legislative clerk called distinguished majority leader for their munities guaranteed to a citizen of the the roll. work, as well as my staff, Bruce Cohen, United States by the fourteenth amendment Mr. DURBIN. I announce that the to the Constitution of the United States. Kristine Lucius, Noah Bookbinder, and (8) Congress therefore should provide for Senator from West Virginia (Mr. BYRD) others. the interstate carrying of firearms by such and the Senator from Massachusetts We have made it very clear—the Sen- individuals in all States that do not prohibit (Mr. KENNEDY) are necessarily absent. ate has made it very clear—how we the carrying of concealed firearms by their Mr. KYL. The following Senators are hold in abhorrence hate crimes. I own residents. necessarily absent: the Senator from thank my colleagues for standing up (b) IN GENERAL.—Chapter 44 of title 18, United States Code, is amended by inserting Tennessee (Mr. ALEXANDER), the Sen- and so strongly voicing, in a bipartisan after section 926C the following: ator from Missouri (Mr. BOND), the way, their opposition to hate crimes. ‘‘§ 926D. Reciprocity for the carrying of cer- Senator from Kentucky (Mr. BUNNING), I yield the floor, and I suggest the ab- tain concealed firearms the Senator from Tennessee (Mr. CORK- sence of a quorum. ‘‘(a) Notwithstanding any provision of the ER), the Senator from South Carolina The PRESIDING OFFICER. The law of any State or political subdivision (Mr. GRAHAM), the Senator from New clerk will call the roll. thereof— Hampshire (Mr. GREGG), and the Sen- The assistant legislative clerk pro- ‘‘(1) a person who is not prohibited by Fed- ator from Florida (Mr. MARTINEZ). ceeded to call the roll. eral law from possessing, transporting, ship- Further, if present and voting, the Mr. THUNE. Mr. President, I ask ping, or receiving a firearm, and who is car- Senator from Tennessee (Mr. ALEX- unanimous consent the order for the rying a government-issued photographic identification document and a valid license ANDER) would have voted ‘‘nay,’’ the quorum call be rescinded. or permit which is issued pursuant to the law Senator from Kentucky (Mr. BUNNING) The PRESIDING OFFICER. Without of a State and which permits the person to would have voted ‘‘nay,’’ the Senator objection, it is so ordered. carry a concealed firearm, may carry a con- from South Carolina (Mr. GRAHAM) AMENDMENT NO. 1618 cealed firearm in any State other than the would have voted ‘‘nay,’’ and the Sen- Mr. THUNE. Mr. President, I have an State of residence of the person that— ator from Tennessee (Mr. CORKER) amendment that I send to the desk and ‘‘(A) has a statue that allows residents of would have voted ‘‘nay.’’ ask for its immediate consideration. the State to obtain licenses or permits to carry concealed firearms; or The PRESIDING OFFICER. Are there The PRESIDING OFFICER. The any other Senators in the Chamber de- ‘‘(B) does not prohibit the carrying of con- clerk will report. cealed firearms by residents of the State for siring to vote? The legislative clerk read as follows: lawful purposes; The yeas and nays resulted—yeas 63, The Senator from South Dakota [Mr. ‘‘(2) a person who is not prohibited by Fed- nays 28, as follows: THUNE] for himself, Mr. VITTER, Mr. ENZI, eral law from possessing, transporting, ship- [Rollcall Vote No. 233 Leg.] Mr. BARRASSO and Mr. COBURN, proposes an ping, or receiving a firearm, and who is car- YEAS—63 amendment numbered 1618. rying a government-issued photographic Mr. THUNE. I ask unanimous con- identification document and is entitled to Akaka Boxer Casey carry a concealed firearm in the State in Baucus Brown Collins sent the reading of the amendment be which the person resides otherwise than as Bayh Burris Conrad dispensed with. Begich Cantwell Dodd described in paragraph (1), may carry a con- Bennet Cardin Dorgan The PRESIDING OFFICER. Without cealed firearm in any State other than the Bingaman Carper Durbin objection, it is so ordered. State of residence of the person that—

VerDate Nov 24 2008 05:22 Jul 17, 2009 Jkt 079060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G16JY6.082 S16JYPT1 smartinez on DSKB9S0YB1PROD with SENATE S7636 CONGRESSIONAL RECORD — SENATE July 16, 2009 ‘‘(A) has a statute that allows residents of there are crimes committed with fire- Instead of becoming a victim, Mr. the State to obtain licenses or permits to arms. Fleischman, who was legally con- carry concealed firearms; or As such, I believe that a State’s bor- cealing his firearm, was able to pull his ‘‘(B) does not prohibit the carrying of con- der should not be a limit on this funda- weapon and protect himself and his cealed firearms by residents of the State for lawful purposes. mental right and that law-abiding indi- merchandise from the four attackers. ‘‘(b) A person carrying a concealed firearm viduals should be guaranteed their sec- Who knows what would have hap- under this section shall— ond amendment rights without com- pened to Mr. Fleischman or his jewelry ‘‘(1) in a State that does not prohibit the plication as they travel throughout the if he was traveling in South Carolina carrying of a concealed firearms by residents 48 States that currently permit some or any of the other 27 States with of the State for lawful purposes, be entitled form of conceal and carry. which Alabama does not have reci- to carry such firearm subject to the same While some States with concealed procity agreements. laws and conditions that govern the specific carry laws grant reciprocity to permit- My amendment would alleviate this places and manner in which a firearm may holders from other select States, my problem, and I hope when we return be carried by a resident of the State; or next week and we have an opportunity ‘‘(2) in a State that allows residents of the amendment would eliminate the con- State to obtain licenses or permits to carry fusing patchwork of laws that cur- to debate this amendment and to vote concealed firearms, be entitled to carry such rently exists. upon it, my colleagues will support it a firearm subject to the same laws and con- This amendment would allow an indi- because I believe it is an important ditions that govern specific places and man- vidual to carry a concealed firearm tool for safety, for self-defense, and it ner in which a firearm may be carried by a across State lines if they either have a is consistent with our tradition in this person issued a permit by the State in which valid permit or if, under their State of country of respect of second amend- the firearm is carried. residence, they are legally entitled to ment rights, allowing American citi- ‘‘(c) In a State that allows the issuing au- zens the opportunity and the right to thority for licenses or permits to carry con- do so. cealed firearms to impose restrictions on the After entering another State, an in- defend and protect themselves. carrying of firearms by individual holders of dividual must respect the laws of the I yield the floor. such licenses or permits, a firearm shall be host State as they apply to conceal and I suggest the absence of a quorum. carried according to the same terms author- carry permit holders, including the The PRESIDING OFFICER. The ized by an unrestricted license of or permit specific types of locations in which clerk will call the roll. The legislative clerk proceeded to issued to a resident of the State. firearms may not be carried. ‘‘(d) Nothing in this section shall be con- call the roll. Reliable, empirical research shows strued to— Mr. KAUFMAN. Mr. President, I ask ‘‘(1) effect the permitting process for an in- that States with concealed carry laws unanimous consent the order for the dividual in the State of residence of the indi- enjoy significantly lower violent quorum call be rescinded. vidual; or crimes rates than those States that do The PRESIDING OFFICER. Without ‘‘(2) preempt any provision of State law not. objection, it is so ordered. with respect to the issuance of licenses or For example, for every year a State permits to carry concealed firearms.’’. has a concealed carry law, the murder f (c) CLERICAL AMENDMENT.—The table of rate declines by 3 percent, rape by 2 MORNING BUSINESS sections for chapter 44 of title 18 is amended by inserting after the item relating to sec- percent, and robberies by over 2 per- Mr. KAUFMAN. Mr. President, I ask tion 926C the following: cent. unanimous consent the Senate proceed ‘‘926D. Reciprocity for the carrying of cer- Additionally, research shows that to a period of morning business, with tain concealed firearms.’’. ‘‘minorities and women tend to be the Senators permitted to speak for up to (d) SEVERABILITY.—Notwithstanding any ones with the most to gain from being 10 minutes each. other provision of this Act, if any provision allowed to protect themselves.’’ The PRESIDING OFFICER. Without of this section, or any amendment made by The benefits of conceal and carry ex- objection, it is so ordered. this section, or the application of such provi- tend to more than just the individuals f sion or amendment to any person or cir- that actually carry the firearms. cumstance is held to be unconstitutional, Since criminals are unable to tell COMMENDING THE U.S. CAPITOL this section and amendments made by this POLICE section and the application of such provision who is and who is not carrying a fire- or amendment to other persons or cir- arm just by looking at a potential vic- Mr. SCHUMER. Mr. President, I cumstances shall not be affected thereby. tim, they are less likely to commit would like to publicly thank the men (e) EFFECTIVE DATE.—The amendments crimes when they fear that they may and women of the U.S. Capitol Police made by this section shall take effect 90 days come in direct contact with an indi- for their bravery and heroic work dur- after the date of enactment of this Act. vidual who is armed. ing a particularly challenging week. Mr. THUNE. Mr. President, the This deterrent is so strong that a De- Last evening after attempting a rou- amendment that I bring to the Senate partment of Justice study found that tine traffic stop, an armed man opened this evening is very simple. It ties into 40 percent of felons had not committed fire at our officers. Despite the ex- the debate that was just held about crimes because they feared the pro- treme danger, these officers reacted hate crimes legislation. One of the spective victim was armed. quickly and skillfully to ensure that ways you can obviously prevent crimes Additionally, research shows that the situation did not escalate and from happening is to make sure that when unrestrictive conceal and carry present danger to those in and around people are able to defend themselves laws are passed, it not only benefits the U.S. Capitol. The officers who re- against violent crimes. My amendment those who are armed, but also others sponded willingly put their lives on the would do just that. like children. line and we owe them our deepest My amendment is simple. It allows My amendment, in comparison to thanks. My thoughts and prayers are individuals the right to carry a law- others being debated in the Senate, with them and their families today. fully concealed firearm across State would actually empower individuals to We see the men and women of the lines, while at the same time respect- protect themselves before they become U.S. Capitol Police every day as we go ing the laws of the host State. victims of a crime, instead of just pun- about our business for the people of our This amendment is similar to my bi- ishing the perpetrators afterwards. home States. Tasked with protecting partisan stand-alone bill S. 845, which A great example of this occurred ear- the iconic symbol of our democracy, currently has 22 cosponsors. lier this month. Stephen Fleischman is the officers of the U.S. Capitol Police The second amendment provides, and a 62-year-old jewelry salesman from have shown a steadfast commitment to the Supreme Court held in Heller last Mobile, AL, who often travels for busi- protecting us, our staff, our constitu- summer, that law-abiding Americans ness. ents, and visitors. The mission state- have a fundamental right to possess On his recent business trip to Mem- ment of the U.S. Capitol Police states firearms in order to defend themselves phis a group of four men, two of whom their dedication to protecting ‘‘the and their families. were armed, confronted him in a park- Congress, its legislative processes, Studies have shown that there is ing lot and tried to take his merchan- Members, employees, visitors, and fa- more defensive gun use by victims than dise. cilities from crime so it can fulfill its

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