Congressional Record United States Th of America PROCEEDINGS and DEBATES of the 111 CONGRESS, FIRST SESSION

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

Vol. 155 WASHINGTON, THURSDAY, OCTOBER 8, 2009 No. 145 House of Representatives The House met at 10 a.m. and was THE JOURNAL Connie. Dr. Jones is the reverend at called to order by the Speaker pro tem- The SPEAKER pro tempore. The the First Presbyterian Church in Nash- pore (Mr. SERRANO). Chair has examined the Journal of the ville, Tennessee. He has led that congregation since 2002. He is a native of f last day’s proceedings and announces to the House his approval thereof. Pennsylvania who was educated at the DESIGNATION OF THE SPEAKER Pursuant to clause 1, rule I, the Jour- University of Pittsburgh and went on PRO TEMPORE nal stands approved. to get his degree from Princeton Theo- The SPEAKER pro tempore laid be- f logical Seminary. After that, he did a 1-year fellowship in Scotland at the fore the House the following commu- PLEDGE OF ALLEGIANCE University of Edinburgh. nication from the Speaker: The SPEAKER pro tempore. Will the He first pastored at churches in WASHINGTON, DC, gentleman from Alabama (Mr. GRIF- South Carolina, where he had attended October 8, 2009. FITH) come forward and lead the House ´ Presbyterian College. We feel very I hereby appoint the Honorable JOSE E. in the Pledge of Allegiance. SERRANO to act as Speaker pro tempore on graced to have his presence in Nash- Mr. GRIFFITH led the Pledge of Alle- this day. ville, Tennessee. He does a superb job, giance as follows: NANCY PELOSI, and he is very active in the commu- Speaker of the House of Representatives. I pledge allegiance to the Flag of the United States of America, and to the Repub- nity. f lic for which it stands, one nation under God, For example, he is on the board of indivisible, with liberty and justice for all. the Boy Scouts as well as Goodwill In- PRAYER f dustries. So we are very thankful for Rev. Todd Jones, First Presbyterian MESSAGE FROM THE SENATE his leading this body in prayer today. Church, Nashville, Tennessee, offered the following prayer: A message from the Senate by Ms. f Eternal God, before Whom genera- Curtis, one of its clerks, announced that the Senate has passed with an tions rise and pass away, we give ANNOUNCEMENT BY THE SPEAKER amendment in which the concurrence thanks today for this Nation, ‘‘con- PRO TEMPORE ceived in liberty and dedicated to the of the House is requested, a bill of the proposition that all men are created House of the following title: The SPEAKER pro tempore. The equal,’’ that all bear some mark of the H.R. 1037. An act direct the Secretary of Chair will entertain up to five further Divine image. So bless this body of leg- Veterans Affairs to conduct a five-year pilot requests for 1-minute speeches on each islators with wisdom and a passion ‘‘to project to test the feasibility and advis- side of the aisle. ability of expanding the scope of certain do justice, to love kindness and to walk qualifying work-study activities under title f humbly with Thee.’’ 38, United States Code. Guide and direct their work, O Lord, The message also announced that the MISSILE DEFENSE DECISIONS that it may bring blessing and honor to Senate has passed a bill of the fol- this land and lead to an increase of lowing title in which the concurrence (Mr. GRIFFITH asked and was given freedom, a deepening of joy, and enrich of the House is requested: permission to address the House for 1 the health and welfare of all her citi- S. 942. An act to prevent abuse of Govern- minute.) zens. Grant that a large-hearted and ment charge cards. Mr. GRIFFITH. Mr. Speaker, I rise clear-minded spirit may prevail and f that our Nation’s common good may be today to address the American people served and strengthened by the actions WELCOMING REV. TODD JONES, about the current situation in the Mid- of this body. FIRST PRESBYTERIAN CHURCH, dle East. On September 28, Iran Establish this Nation in righteous- NASHVILLE, TENNESSEE launched and tested a Shahab-3 missile ness, O God, and grant that we may be The SPEAKER pro tempore. Without which has a range of 1,200 kilometers makers of peace, artisans of goodness, objection, the gentleman from Ten- and puts American soldiers and our al- and keepers of the bright light of free- nessee, Congressman COOPER, is recog- lies in the Middle East in danger. These dom. nized for 1 minute. tests must be met with stern opposi- We pray this in the name of the Liv- There was no objection. tion. ing God, the Creator and Redeemer of Mr. COOPER. Mr. Speaker, I would Having recently returned from Israel all that is or ever shall be. like to welcome to the Chamber today and Egypt, I had the opportunity to Amen. Rev. Dr. Todd Jones and his wife, meet with officials and members of the

b This symbol represents the time of day during the House proceedings, e.g., b 1407 is 2:07 p.m. Matter set in this typeface indicates words inserted or appended, rather than spoken, by a Member of the House on the floor.

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VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.000 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11114 CONGRESSIONAL RECORD — HOUSE October 8, 2009 defense community who are directly income on health care. This is simply age group that boasts the highest unin- involved in their missile defense deci- unaffordable for middle class Ameri- sured rate in our country, our young sions. I was able to see firsthand the cans. adults. Young adults, those between 19 stability and security that American As we advance health care reform, we and 29 years old, are more frequently missile systems provide for our allies. must ensure that Americans have ac- without insurance than any other age Recently, the administration an- cess to meaningful, affordable health group. At 31 percent uninsured, nearly nounced a change of plans, eliminating coverage, and we can do that by ex- one in three 18- to 29-year-olds are missile silos in Poland and radar in the panding private and public insurance without health insurance. This gap in Czech Republic, which raised concerns options available to individuals and coverage occurs when young people both in our missile defense community small groups so meaningful coverage is graduate from school or reach an age and among our international allies. more affordable; by establishing con- limit imposed by insurance companies Clearly this logic must be questioned sumer protections, including ending that do not allow them access to their as a successful launch of the long-range preexisting condition exclusions; set- parents’ health insurance plans. Shahab-3 missile shows that we must ting commonsense policies to expand Young adults entering the workforce protect our allies in the region and, options for insurance coverage, includ- often take jobs that lack benefits or most importantly, the eastern United ing allowing young adults to stay on cannot afford them on their own. The States. their parents’ insurance policy; ensur- Young Adult Health Care Coverage Act These Iranian tests demonstrate a ing that Americans know what their would give these young adults access need for ground-based interceptors, if insurance coverage truly means, by to their parents’ health insurance dur- not on Poland, then on the eastern eliminating confusing terminology ing these transition years when it is so coast of the United States. American which results in consumers paying for difficult to maintain coverage on their safety and security is essential to our expenses that they thought were cov- own. This bill is a no-cost bipartisan soldiers abroad and citizens at home. ered, and putting a reasonable limit on solution to the problem of young Because national defense is a non- insurer overhead and profits so that adults without health insurance. partisan issue, we in Congress will more of our premium dollars are used I urge my colleagues to support this work together to make sure our deci- on health care. bill and to support health care reform sions are well thought out and exe- The status quo is unaffordable. That to provide quality health care for all cuted. is why the President and Congress are Americans. committed to passing a health care re- f form that benefits all of us. f OPEN UP THE OUTER f FANG ZHENG CONTINENTAL SHELF ROBERT CLENNEY—TEXAS (Mr. PITTS asked and was given per- (Mr. SMITH of Nebraska asked and LAWMAN mission to address the House for 1 was given permission to address the minute and to revise and extend his re- (Mr. POE of Texas asked and was House for 1 minute and to revise and marks.) given permission to address the House extend his remarks.) Mr. PITTS. Mr. Speaker, yesterday I for 1 minute.) Mr. SMITH of Nebraska. Mr. Speak- Mr. POE of Texas. Mr. Speaker, High- had the honor to celebrate with Fang er, in October 2008, just a year ago, lands, Texas, lost a lawman to a tragic Zheng, a man from China who recently Congress lifted the decades-long ban on traffic collision last Saturday night. walked for the first time in 20 years. energy exploration off America’s Harris County Precinct 3 Deputy Con- Twenty years ago, I remember the coasts, clearing the way for expanded stable Robert Clenney was hit by a car whole world was watching on TV with domestic oil and gas exploration. Un- from behind and spun into oncoming such hope as peaceful demonstrators fortunately, instead of moving forward traffic where he again was hit head-on poured into Tiananmen Square in with a plan to explore the Outer Conti- by a pickup truck. He was 38 years of China, calling for freedom. Fang was nental Shelf, this administration has age. To make matters worse, the driver among those brave activists. When the stopped progress by instituting an ex- who hit Deputy Clenney’s SUV from tanks rolled in to break up the dem- tended 6-month public comment pe- behind fled the scene. Police are now onstration, one of them rolled over riod. searching for the hit-and-run scoun- him, causing him to lose both of his Now the Obama administration has drel. legs. This young man, who had been an indicated offshore exploration may not Deputy Clenney was a beloved hus- Olympic hopeful, was now wheelchair- happen until 2012, meaning what was a band and father of two young daugh- bound. mere 6-month delay for comments has ters. His wife, Denise, says her husband Last year he finally was able to trav- now become 3-year ban or could be- had always wanted to be a lawman. It el to the United States and seek asy- come a 3-year ban on offshore drilling. was his dream, and he achieved that lum. Moved by his story, the owners of Mr. Speaker, Americans are still dream. He had been a deputy constable a prosthesis center that worked with waiting for expanded oil and gas explo- for 11 months when he lost his life. wounded war veterans offered to design ration. With unemployment nearing 10 Lawmen are a special breed of people. him new legs; and yesterday here in percent and our Nation’s deficit top- They run toward trouble when others the Capitol, these new legs allowed him ping $9 trillion, it is simply irrespon- are running to safety. They protect to dance with his wife for the first time sible to continue this de facto ban on people, property and the community. ever. American energy protection. We need These first responders hold evildoers That celebration was a powerful sym- to take an all-of-the-above approach accountable to our laws. Deputy bol that the American people have not when it comes to our energy portfolio, Clenney will be buried this Saturday in forgotten the Chinese struggle for free- an approach which includes developing Texas. We will always be grateful for dom and the courage of people like American offshore energy resources. folks like Deputy Clenney, grateful for Fang Zheng who speak out and who f his service and his sacrifice. We pray long to enjoy the same freedoms we hold so dear. You can see his story on HEALTH CARE STATUS QUO IS God’s peace to his family after their YouTube. UNAFFORDABLE loss of this Texas lawman. And that’s just the way it is. f (Ms. SCHWARTZ asked and was f given permission to address the House THE NEED FOR A HEALTH CARE for 1 minute and to revise and extend YOUNG ADULT HEALTH CARE PUBLIC OPTION her remarks.) COVERAGE ACT (Mr. SARBANES asked and was given Ms. SCHWARTZ. Since 2000, families (Mrs. DAHLKEMPER asked and was permission to address the House for 1 in Pennsylvania have seen a 100 per- given permission to address the House minute.) cent increase in their health premiums. for 1 minute.) Mr. SARBANES. Mr. Speaker, I just Nearly one in five Pennsylvania fami- Mrs. DAHLKEMPER. Mr. Speaker, wanted to congratulate the American lies pay more than 10 percent of their today I rise to speak on behalf of the people on how savvy and smart they

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.003 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11115 are when it comes to this health care come visit me. Two parents had chil- tain members of the Armed Forces, expand reform effort. A survey was done re- dren with spina bifida. They explained concurrent receipt of military retirement cently, and the question was asked, Do the love they had for their child, but and VA disability benefits to disabled mili- you support an individual mandate, the expenses it is causing them because tary retirees, and for other purposes. All points of order against the conference report which is the requirement that people our system of Medicaid is not sufficient and against its consideration are waived. purchase insurance coverage? In an- in Tennessee to really give them the The conference report shall be considered as swer to that, there was some ambiva- benefits they need, and how much it read. The previous question shall be consid- lence. People weren’t so sure. Then costs them. ered as ordered on the conference report to they asked the question this way, they Another person came to my office to its adoption without intervening motion ex- said, What if we give you a public op- tell me that I had saved her life. Well, cept: (1) one hour of debate; and (2) one motion, would you support an individual I hadn’t saved her life, but she would tion to recommit if applicable. mandate? And a clear majority said, have been cut off of TennCare, our The SPEAKER pro tempore. The gen- Absolutely, we would. Medicaid system. And but for 10 days tlewoman from New York is recognized Now let’s think about that for a when we got them back on, she for 1 hour. minute. What they were saying was, wouldn’t have got the transplant that Ms. SLAUGHTER. Mr. Speaker, for Don’t force us to go purchase insurance did save her life. the purpose of debate only, I yield the coverage if we have to buy it from the Do we need health care in America? I customary 30 minutes to the gen- same old cast of characters that’s been think those stories and stories like tleman from Florida (Mr. LINCOLN jerking us around for decades. But if them say we do. I was gratified last DIAZ-BALART). All time yielded during you give us a real option, then it abso- night doing a teletown hall meeting in consideration of the rule is for debate lutely makes common sense to require my district where 83 percent of the re- only. that. spondents said they supported Presi- GENERAL LEAVE So once again Americans have dem- dent Obama’s health care plan. The Ms. SLAUGHTER. I ask unanimous onstrated they understand this prob- Ninth Congressional District of Ten- consent that all Members have 5 legis- lem. They understand why we need to nessee gets it. I hope America gets it. lative days within which to revise and have a public option in the mix, and extend their remarks and insert extra- that’s what we’re going to push for- f neous materials into the RECORD. ward with in this legislation. b 1015 The SPEAKER pro tempore. Is there f MASSIVE MEDICARE CUTS IN THE objection to the request of the gentle- FIX GOVERNMENT-RUN HEALTH BAUCUS HEALTH CARE REFORM woman from New York? CARE BEFORE ENACTING ANY BILL There was no objection. NEW REFORMS Ms. SLAUGHTER. Mr. Speaker, I (Mr. KIRK asked and was given per- yield myself such time as I may con- (Mr. TIM MURPHY of Pennsylvania mission to address the House for 1 sume. asked and was given permission to ad- minute and to revise and extend his re- Mr. Speaker, the rule provides for dress the House for 1 minute.) marks.) consideration of the conference report Mr. TIM MURPHY of Pennsylvania. Mr. KIRK. Mr. Speaker, Senator BAU- Mr. Speaker, as we discuss the issue of to accompany H.R. 2647, the National CUS’s health care bill is out, and the Defense Authorization Act for Fiscal health care, one thing that’s brought nonpartisan Congressional Budget Of- up often is, Why not let the govern- Year 2010. The rule waives all points of fice has reported it has 15 major sur- order against the conference report and ment run health care? After all, we al- prises in it. Massive cuts to Medicare. ready have Medicaid, Medicaid, against its consideration. The rule pro- You can see here that the bill cuts vides that the previous question shall TRICARE and the VA. $133 billion out of Medicare Advantage, Here is a true story: a gentleman in be considered as ordered without any forcing 3 million seniors out of their intervening motion except 1 hour of de- his eighties needs a motorized wheel- choices; $128 billion is going to be cut chair, so he gets a medical exam. A few bate and, if applicable, one motion to for Medicare for hospitals; home health recommit. dozen pages of paperwork are filled out, is cut, part D; skilled nursing is cut; and 3 or 4 months go by, waiting for The bill was introduced on June 2, hospice is cut; medical imaging, wheel- 2009, by Chairman IKE SKELTON and re- the wheelchair to arrive. Unfortu- chairs are cut. nately, during that time, the medical ferred to the Committee on Armed So we now see how this is so-called Services. The committee marked up exam expired after 60 days and has to paid for, on the back of senior health be repeated. Again, more billing, a cou- the bill on June 16, 2009, and ordered it care. favorably reported, as amended, by ple dozen pages of that, and he gets his I urge seniors to read this Baucus bill $25,000 wheelchair. Unfortunately, by voice vote June 16, 2009. and learn about its massive Medicare The Committee on Rules reported a that time, he is in hospice care and can cuts. barely use it. And here is the other structured rule making in order 69 tragedy: it goes into storage. It can’t f amendments, which then passed the be used. It cannot be returned, and it’s PROVIDING FOR CONSIDERATION floor 222–202. And today we have the a big waste of money in many ways. OF CONFERENCE REPORT ON conference report that we have now It’s not atypical for issues with Medi- H.R. 2647, NATIONAL DEFENSE concurred with the Senate. care and Medicaid. They, quite frankly, AUTHORIZATION ACT FOR FIS- Despite any differences about our on- will pay for this sort of expense but CAL YEAR 2010 going missions in Afghanistan or Iraq, will not pay for the care it takes to we all agree that funds that have al- Ms. SLAUGHTER. Mr. Speaker, by prevent these sorts of problems. Before ready been approved as part of the an- direction of the Committee on Rules, I we take on more health care and $1 nual spending plans should not be held call up House Resolution 808 and ask trillion more spending, shouldn’t we fix up for any reason, not with our troops for its immediate consideration. those things we are already responsible in harm’s way. The Clerk read the resolution, as fol- for? I think that would save a lot of The bill authorizes $550.2 billion in lows: money, make a lot of sense, and save a budget authority for the Department of lot of lives. H. RES. 808 Defense and the national security pro- Resolved, That upon adoption of this reso- grams of the Department of Energy f lution it shall be in order to consider the and also authorizes $130 billion for WE NEED HEALTH CARE IN conference report to accompany the bill overseas contingency operations for AMERICA (H.R. 2647) to authorize appropriations for fiscal year 2010. fiscal year 2010 for military activities of the For our service men and women, it (Mr. COHEN asked and was given per- Department of Defense, for military con- mission to address the House for 1 struction, and for defense activities of the authorizes a pay raise of 3.4 percent for minute.) Department of Energy, to prescribe military the military, expands TRICARE health Mr. COHEN. Mr. Speaker, on Monday personnel strengths for such fiscal year, to coverage for Reserve members, bars fee in my office in Memphis, I had citizens provide special pays and allowances to cer- increases on TRICARE inpatient care

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.005 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11116 CONGRESSIONAL RECORD — HOUSE October 8, 2009 for 1 year, and provides $2.2 billion for stan money. Legislation to triple general aid The army was also frustrated about not housing programs to improve the qual- to Pakistan cleared Congress last week. The getting more money. Military spokesman ity of life for our servicepersons’ fami- legislation also authorizes ‘‘such sums as are Gen. Athar Abbas said the U.S. gave nothing lies. necessary’’ for military assistance to Paki- to offset the cost of Pakistan’s dead and On Afghanistan, the bill responds to stan, upon several conditions. The conditions wounded in the war on terror. He estimated include certification that Pakistan is co- 1,800 Pakistani soldiers had been killed since concerns raised by Members of both operating in stopping the proliferation of nu- 2003 and 4,800 more wounded, most of them parties and requires an assessment of clear weapons, that Pakistan is making a seriously. progress in Afghanistan and Pakistan sustained commitment to combating ter- The hospital and rehabilitation costs for toward security and stability. It also rorist groups and that Pakistan security the wounded have come to more than $25 bans permanent bases in Afghanistan forces are not subverting the country’s polit- million, Abbas said. Pakistan’s military also and provides funds to train and equip ical or judicial processes. gives land to the widows of the dead, edu- the Afghan National Security Forces, The U.S. is also insisting on more account- cates their children and provides health care. ability for reimbursing money spent. For ex- ‘‘These costs do not appear anywhere,’’ he the ANSF. ample, Pakistan is still waiting for $1.7 bil- said. ‘‘There is no U.S. compensation for the There is also language in the bill lion for which it has billed the United States casualties, assistance with aid to the griev- that requires a reporting system to under a Coalition Support Fund to reimburse ing families.’’ register and track all the U.S. defense allies for money spent on the war on terror. But the U.S. still can’t follow what hap- Even while money was being siphoned off items that are provided to Afghanistan for other purposes on Pakistan’s end, the and Pakistan, to help combat waste pens to the money it doles out. ‘‘We don’t have a mechanism for tracking U.S. imposed little control over or even had and fraud. This is especially important the money after we have given it to them,’’ specific knowledge of what went where, acin light of recent news stories showing Pentagon spokesman Lt. Col. Mark Wright cording to reports by the U.S. Government that millions of dollars destined for said in a telephone interview. Accountability Office. The reports covered Pakistan to battle militants in al Musharraf’s spokesman, retired Gen. 2002 through 2008. Qaeda have been diverted to either the Rashid Quereshi, flatly denied that his The reports found that the Pentagon often domestic economy or ‘‘for other pur- former boss had shortchanged the army. He ignored its own oversight rules, didn’t get poses.’’ In fact, between 2002 and 2008, did not address the specific charges. ‘‘He has adequate documents and doled out money answered these questions. He has answered without asking for an explanation. while al Qaeda regrouped, only $500 all the questions,’’ the spokesman said. For more than a year, the Pentagon paid million of the $6.6 billion in American Musharraf took power in a bloodless coup in Pakistan’s navy $19,000 a month per vehicle aid actually made it to the Pakistani 1999 and resigned in August 2008. just for repair costs on a fleet of fewer than military, according to two Army gen- The misuse of funding helps to explain how 20 vehicles. Monthly food bills doubled for no erals quoted in an Associated Press al-Qaida, dismantled in Afghanistan in 2001, apparent reason, and for a year the Pentagon story from earlier this week. I will in- was able to regroup, grow and take on the paid the bills without checking, according to weak Pakistani army. Even today, the army the report. sert that story into the RECORD. complains of inadequate equipment to battle BILLIONS IN U.S. AID NEVER REACHED Daniyal Aziz, a minister in Musharraf’s Taliban entrenched in tribal regions. government, said he warned U.S. officials PAKISTAN ARMY For its part, Washington did not ask many that the money they were giving his govern- (By Kathy Gannon) questions of a leader, Musharraf, whom it ment was being misused, but to no avail. ISLAMABAD, PAKISTAN.—The United States considered an ally, according to a U.S. Gov- ‘‘They both deserved each other, Musharraf has long suspected that much of the billions ernment Accountability Office report re- and the Americans,’’ he said. of dollars it has sent Pakistan to battle mili- leased last year. tants has been diverted to the domestic Pakistan has received more money from Within this bill is authorization for economy and other causes, such as fighting the fund than any other nation. It is also the 30 F–35 Joint Strike Fighter aircraft India. least expensive war front. The amount the and the continued development and Now the scope and longevity of the misuse U.S. spends per soldier per month is just $928, procurement of the F136 Joint Strike compared with $76,870 in Afghanistan and is becoming clear: Between 2002 and 2008, Fighter competitive engine but does while al-Qaida regrouped, only $500 million $85,640 in Iraq. of the $6.6 billion in American aid actually Yet by 2008, the United States had provided not authorize the advance procurement made it to the Pakistani military, two army Pakistan with $8.6 billion in military money, of F–22 aircraft. generals tell The Associated Press. and more than $12 billion in all. It authorizes $6.7 billion for Mine Re- The account of the generals, who asked to ‘‘The army was sending in the bills,’’ said sistant Ambush Protected, MRAP, ve- remain anonymous because military rules one general who asked not to be identified hicles and fully funds the new MRAP because it is against military rules to speak forbid them from speaking publicly, was all-terrain variant requirement for Af- backed up by other retired and active gen- publicly. ‘‘The army was taking from its cof- erals, former bureaucrats and government fers to pay for the war effort—the access ghanistan. We’ve seen far too many re- ministers. roads construction, the fuel, everything. . . . ports of our troops dying because their At the time of the siphoning, Pervez This is the reality—the army got peanuts.’’ vehicles are ripped apart by roadside Musharraf, a Washington ally, served as both Some of the money from the U.S. even bombs. We can and will do better to chief of staff and president, making it easier went to buying weapons from the United protect them from these risks. to divert money intended for the military to States better suited to fighting India than in the border regions of Afghanistan—armor- Under the provisions of this bill, the bolster his sagging image at home through military will increase by 30,000 Army economic subsidies. piercing tow missiles, sophisticated surveil- ‘‘The army itself got very little,’’ said re- lance equipment, air-to-air missiles, mari- troops, 8,100 marines, 14,650 Air Force tired Gen. Mahmud Durrani, who was Paki- time patrol aircraft, anti-ship missiles and personnel, and 2,477 Navy sailors in stan’s ambassador to the U.S. under F–16 fighter aircraft. 2010. It also authorizes an additional Musharraf. ‘‘It went to things like subsidies, ‘‘Pakistan insisted and America agreed. 30,000 Army troops in fiscal years 2011 which is why everything looked hunky-dory. Pakistan said we also have a threat from and 2012. other sources,’’ Durrani said, referring to The military was financing the war on terror The bill provides support for the plan out of its own budget.’’ India, ‘‘and we have to strengthen our over- Generals and ministers say the diversion of all capacity. ‘‘The money was used to buy to increase the size of our civilian the money hurt the military in very real and support capability against India.’’ workforce so that we can reduce DOD’s ways: The army also suffered from mismanage- reliance on contractors for core acqui- Helicopters critical to the battle in rugged ment, Durrani said. As an example, he cited sition functions. This is also a most border regions were not available. At one Pakistani attempts to buy badly needed at- important point to cut down on fraud point in 2007, more than 200 soldiers were tack helicopters. Pakistan asked for Cobra helicopters be- and waste. The bill also provides DOD trapped by insurgents in the tribal regions with the needed flexibility to reform without a helicopter lift to rescue them. cause it knows how to maintain them, he The limited night vision equipment given said. But the helicopters were old, and to the DOD hiring process to reduce the to the army was taken away every three make them battle-ready, the Pentagon sent fraud and abuse through enhanced con- months for inventory and returned three them to a company that had no experience tractor oversight, which is long over- weeks later. with Cobras and took two years, he said. due. Equipment was broken, and training was As a result, in 2007, Pakistan had only one The bill speaks to vessels carrying working helicopter—a debilitating handicap lacking. It was not until 2007 that money was DOD cargo in high piracy risk areas by given to the Frontier Corps, the front-line in the battle against insurgents who hide, force, for training. train and attack from the hulking moun- requiring that they be equipped with The details on misuse of American aid tains that run like a seam along the Afghan- appropriate nonlethal defense meas- come as Washington again promises Paki- Pakistani border. ures. And it strengthens the DOD’s

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.007 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11117 ability to face threats and vulnerabili- reaching protection is important for my request for authorization for fund- ties by improving research and pro- America, and I am proud to support it. ing for the finalization of construction moting military and civilian cyber There are still far too many of a new permanent headquarters for workforce development. incidences of violence in and around the United States Southern Command It improves accountability and over- our schools and churches. During the that is located in the congressional dis- sight in awarding defense contracts by last 10 years, 69 persons have been trict that I am honored to represent. providing the Defense Department the killed or injured at church and another Currently, the Department of Defense authority to require return of award 122 children have died in or around is leasing the land for SOUTHCOM and incentive fees. The bill prohibits a their school. The numbers are dev- from a private individual. The funds company from being awarded future astating. One has only to look at the authorized in this legislation will be contracts if its action leads to a serv- beating death of Chicago teenager used to complete construction of the icemember’s death or severe injury. Derrion Albert outside his high school, new headquarters on land adjacent to This, of course, is in response to the an honor student, to see how dev- the current location and lease it from number of soldiers who were electro- astating it is to see violence in our the State of Florida for the sum of $1 cuted by bad plumbing work. schools. I hope this bill can help bring per year. To address concerns about the treat- an end to that sorrow. This provision is extremely impor- ment of detainees, the bill bans inter- Mr. Speaker, I reserve the balance of tant to my community because rogation of detainees by contractors my time. SOUTHCOM personnel and supporting Mr. LINCOLN DIAZ-BALART of and requires the Department of De- services have contributed over $1.2 bil- Florida. I thank my friend, the distin- fense to give the International Com- lion and over 20,000 jobs to south Flor- guished chairwoman, Ms. SLAUGHTER, mittee of the Red Cross prompt access ida’s economy. for the time, and I yield myself such to detainees held at the Bagram The- As a supporter of the Matthew time as I may consume. Shepard Hate Crimes Prevention Act, I ater Internment Facility in Afghani- Today the House will consider the bi- stan. am pleased to see that it was included partisan conference report for the 2010 in the underlying legislation, though I In addition, the bill reforms the Mili- National Defense Authorization legis- tary Commissions Act to clarify rules wish that the provision would have lation. With this important legislation, been expanded to include also more se- and improve trial procedures to make I think we are sending the message to military commissions fair and effec- rious penalties for crimes against our men and women in uniform that we members of the armed services and tive, and puts new revisions into place support them and that we deeply ap- that would forbid the use of statements their families. There are people who preciate their service. hate our armed services for what they alleged to have been secured through The conference report authorizes cruel, inhuman, or degrading treat- symbolize, and our armed services, I over $550 billion for the activities of think, deserve the additional protec- ment. the Department of Defense. It also pro- Finally, the bill provides the accused tion from crimes of violence. vides approximately $130 billion to sup- There are aspects of this legislation, with the enhanced ability to select his port our combat operations in Afghani- obviously, with which I disagree, Mr. own counsel and to make hearsay evi- stan, in Iraq, and other fronts of the Speaker. Since the beginning of mili- dence harder to use in court. It im- war on international terrorism. tary aviation, the United States has proves procedures for the handling of I wish to commend both the Armed very wisely invested in our military air classified information while also per- Services Committee chairman, Mr. superiority. In recent military oper- mitting military commissions to con- SKELTON, and the ranking member, Mr. ations, we’ve clearly seen that our in- tinue existing cases for 90 days or until MCKEON, both good friends and ad- vestments pay off. Our military air su- revisions have been made to supporting mired colleagues, for their commit- periority saves the lives of our men and court manuals and handbooks. ment that they have demonstrated in women in uniform, and it saves the The bill matches the administra- this legislation to put partisanship lives of countless civilians. That’s why tion’s request for $9.3 billion for missile aside in order to get this important I am very disappointed that the under- defense programs and provides the re- legislation to the President. lying legislation fails to include fund- sources necessary to meet threats fac- While I support the conference re- ing for the F–22, the world’s most ad- ing the United States, our deployed port, I know it is not perfect. No vanced fighter plane and one that we forces, and our friends and allies, and human endeavor is. But I believe that the conference report will strengthen may very well need in future oper- provides $2.2 billion to support the De- ations. Obviously not against ragtag partment of Energy’s nonproliferation our national security and help modernize our military. It will provide terrorists, but against the superpowers programs. It strengthens the Stockpile of the future. Stewardship Program to ensure that servicemembers and their families with improved health care, support, and I hope and pray that this short- the nuclear weapons stockpile is safe, sighted decision will not hurt the long- secure, and reliable without the use of quality-of-life programs. I’m pleased that it includes the House-passed 3.4 term safety of our Nation and our men underground testing. and women in uniform. Further, the bill provides technical percent pay raise for our troops instead of the lower request that had come I also have deep reservations about and financial support to local law en- the decision to block full funding res- forcement and prosecutors that they from the President. Furthering our commitment to our toration for missile defense. This un- can more aggressively try violent wise decision, in my opinion, comes at crimes which are motivated by the vic- troops, the bill extends TRICARE eligibility to Reserve members so they can a time when the demented despot of tim’s race, color, religion, national ori- receive full TRICARE coverage 180 North Korea continues to mock global gin, gender, sexual orientation, gender days before they go on active duty and condemnation of his nuclear program identity, or disability; expands the will prevent increases in copayments and threatens the United States and ability of Federal prosecutors to try for inpatient care at civilian hospitals our friends and allies with destruction. similar types of cases in Federal court under TRICARE. The bill provides over The Iranian tyranny, while it con- if State or local officials are unable or $2 billion for family housing programs tinues to massacre its people in the unwilling to prosecute these cases; and to expand and improve the quality of streets perhaps today in a less public criminalizes attacks against U.S. serv- military housing. manner than a few months ago, never- icemembers because of their service to The legislation authorizes the expan- theless continues to massacre its peo- their country. sion of our military by 30,000 Army ple. It also threatens to wipe Israel off I want to address one last point. The troops, 8,100 marines, and over 14,000 the face of the map. It’s clear to me bill includes new hate crimes legisla- Air Force personnel and approximately that the world faces a grave and I be- tion that will prohibit offenses based 2,500 members of the Navy. lieve imminent threat from the dicta- on the actual or perceived race, color, torships in North Korea and Iran, and religion, national origin, gender, sexual b 1030 now is not the time to cut missile de- orientation, gender identity, or dis- I would like to thank the members of fense. Unfortunately, because of the re- ability of any person. This kind of far- the conference committee for including quest from the executive branch and

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.008 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11118 CONGRESSIONAL RECORD — HOUSE October 8, 2009 acquiescence here on the part of the try. And this can only come about Mr. LINCOLN DIAZ-BALART of leadership, it is occurring, and I think through discussion and debate. Florida. Mr. Speaker, I yield 2 minutes it is a mistake. We need an exit strategy for Afghani- to the distinguished leader from Mis- I would have liked to have seen in- stan, a plan for peace. This bill pro- souri, Mr. BLUNT. cluded in this legislation section 1226 of motes such a plan by requiring assess- Mr. BLUNT. Mr. Speaker, I thank the Senate version of the bill, which ment of goals in Afghanistan with the gentleman for yielding. would have required a report to Con- timelines and by increasing numbers in I rise in strong opposition to this gress on the Republic of China’s— the Afghan National Security Forces rule. This rule, for the first time that that’s free China, Taiwan—defense ca- to prepare for the transition. I am aware of, allows the Defense au- pabilities. That report would have Recognizing, however, that this authorization bill to become a vehicle greatly enhanced the ability of Con- thorization will inevitably continue where other social legislation is final- gress and the administration to assess war efforts inherited from the previous ized, where the country’s laws are their obligations to sell defense arti- administration, I take great pause in changed, where those of us who have cles as required under the Taiwan Rela- deciding to support it. But at its heart, always voted for the Defense authorizations Act, ‘‘as may be necessary to en- this authorization is about more than tion bill now have a choice of voting able Taiwan to maintain a sufficient our policy towards Iraq and Afghani- for a bill that includes something that self-defense capability.’’ stan. we’ve always voted against. And even if The peace in that area has been Mr. Speaker, I strongly support this it was something that I was for, I don’t maintained because this Congress, authorization today because, in doing think this rule should move forward in throughout the decades ever since the so, Congress finally—after nearly a a way that changes the law so that we betrayal of Taiwan, this Congress has decade of debate—has the opportunity would, in the future, have two classi- insisted on the United States selling, to pass historic hate crimes legislation. fications of criminals and two classi- making available for purchase by the My home State of Colorado has long fications of victims. Republic of China, the military equip- had hate crimes legislation on the Criminals should be prosecuted to ment and technology necessary to books, including gays and lesbians, and the fullest extent of the law. Victims deter an armed attack. So I am sorry I am proud to stand before you as a should be protected to the fullest ex- representative of the Second Congres- that that provision that was in the tent of the law, and it should not, Mr. sional District and as an original co- Senate legislation is not included in Speaker, happen in the Defense author- sponsor of the Local Law Enforcement the final conference report. ization bill. To use this bill in this way Again, despite the aspects of the leg- Hate Crimes Prevention Act of 2009 is a step in the wrong direction, and I which is included in this Defense au- islation with which I do not agree, I am afraid it’s the first step in that thorization bill. feel that overall this legislation is nec- wrong direction where every bill to de- Our hate crimes legislation expands essary and that we pass it. Obviously Federal jurisdiction to investigate and fend the country, every bill to find out although it’s not perfect, it helps mod- prosecute hate crimes and provides law what our enemies are up to, every bill ernize and it supports our military enforcement with another means of en- to fund our troops, every bill to take forces. It provides our men and women suring that the safety and rights of all care of their families will become a ve- in uniform with support they need and Americans are protected. It offers Fed- hicle for other social legislation that deserve. eral protection for victims of hate has nothing to do with defense. That So I would ask my colleagues, as I crimes targeted because of their race, should not be in this bill. have done, to look further than the as- color, religion, national origin, sexual This rule should allow a vote that pects with which one may disagree orientation, gender, gender identity, or takes it out of the bill, at the very within the legislation and pass it. disability, as well as protecting men least, and it sets a very terrible pref- I reserve the balance of my time and women who proudly wear the uni- erence, Mr. Speaker. Ms. SLAUGHTER. Mr. Speaker, I am I urge this rule be rejected so we can form of the United States from hate pleased to yield 3 minutes to the gen- move forward with a Defense author- crimes. It also provides assistance to tleman from Colorado, a member of the ization bill like every Defense author- State and local law enforcement agen- Rules Committee, Mr. POLIS. ization bill for at least a decade that cies and amends Federal law to aid in Mr. POLIS. Mr. Speaker, I rise today dealt with defense and those who de- the prosecution of bias-motivated in support of the rule and the bill. I fend our country. would like to thank Chairwoman crimes. Hate crimes are not limited to the Ms. SLAUGHTER. Mr. Speaker, I SLAUGHTER for the time on the rule as LGBT community. They occur every yield 2 minutes to the gentleman from well as House Armed Services Chair- day in every State and perpetuate a Massachusetts (Mr. LYNCH). man SKELTON and Ranking Member Mr. LYNCH. I thank the gentlelady climate of fear throughout minority C EON for her courtesy and the time. M K for their tireless work on this communities. What makes these Mr. Speaker, I rise in support of the bill. Their job is not easy. crimes so odious is that they are not Our Nation faces a war on two fronts rule for H.R. 2647, the National Defense just crimes against individuals; they’re and growing threats to our security Authorization Act for Fiscal Year 2010. crimes against entire communities and In addition to the bill’s robust sup- here and abroad. As our economy create environments of fear in entire port of our national defense and na- struggles to recover from a meltdown, communities. the resources we have available to de- There is a difference between burning tional security programs, H.R. 2647 in- vote to these problems are under in- a cross on the lawn of an African cludes several key Federal employee creasing pressure. American family and an act of simple initiatives which will come under my It’s time we bring our troops home arson. This legislation clarifies that jurisdiction as the chairman of the from both Iraq and Afghanistan. I com- our country has zero tolerance for hate Federal Workforce, Postal Service, and mend President Obama and his efforts crimes. District of Columbia Subcommittee. I to end our military presence in Iraq The SPEAKER pro tempore. The am pleased to report that the bill sig- and look forward to helping him time of the gentleman has expired. nificantly enhances the Federal Gov- achieve this goal soon. Ms. SLAUGHTER. I yield the gen- ernment’s recruitment and retention I am concerned, however, about the tleman 20 additional seconds. capabilities, as well as further bol- possible increase of troops in Afghani- Mr. POLIS. I rise in support today— stering agency management and work- stan. We cannot achieve peace through despite my opposition to the war—of er productivity. the occupation of an entire country. the 2009 reauthorization bill. And I The underlying bill will now allow The occupation of Afghanistan will not thank Chairman SKELTON and Ranking the Federal Employees Retirement help us defeat the very real threat of al Member MCKEON for including the hate System to provide employees with re- Qaeda. We need to take a new look at crimes bill and bringing this historic tirement credit for unused sick time. our policy, moving towards targeted legislation to the floor of the House Under the current system, we have half operations against al Qaeda rather and to the desk of the President of the of our employees that are allowed to than the occupation of an entire coun- United States of America. get credit for unused sick time, and the

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.009 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11119 others are encouraged to use their sick for the authorization bill that gives that they shall be considered aiding time whether they need it or not. those tools that gives my fighting men and abetting in this criminal offense. Under this new bill, Federal workers, and women that fight for Fort Hood And it has issues that affect the reli- managers, and agencies will have the and fight for Texas and fight for Amer- gious freedom of the United States. flexibility they have long called for. ica the opportunity to do their mis- These are issues that should be This is a great change in our personnel sion, accomplish their goals and main- talked about independently. It’s time management system. tain freedom. for the United States Congress to ad- Additionally, this legislation fixes a But I’m in a dilemma today, as are dress this type of thing and other civil service retirement annuity cal- many, many of my colleagues because things openly and forthwith, and not culation problem for those employees we seem to be following a code of se- hide them in another bill and force peo- who wish to phase down to part-time at crecy that seems to be the new mode in ple to vote against their conscience. the end of their working careers. Under this Congress. When you have some- I’m ashamed of what we’re doing here the existing system, senior employ- thing you don’t want to talk about out today, Mr. Speaker. I think we can pro- ees—many times our most valuable in public, you hide it somewhere. And tect these innocents that we’re talking senior employees—are forced to simply so we’re looking today on the fact that about using the fact that our Constitu- retire and not work part-time at the we’ve added to the bill that’s designed tion tells us to and demand that kind end of their career in order to train to protect the men and women of the of behavior from our justice system their successors, because the calcula- United States military and keep them without going into thought crimes, tion would hurt their pension if they safe, we’ve added a criminal justice hate crimes, and infringement upon work part-time at the end of their ca- issue having to do with hate crimes. States’ rights. reer. This change will obviously cor- In 20 years on the bench as a criminal Ms. SLAUGHTER. Mr. Speaker, I am rect that inequity. judge, at a felony level in Texas, I’ve pleased to yield 2 minutes to the gen- The Office of Personnel Management spent an inordinate amount of time tlewoman from California (Ms. RICH- supports that as a way to retain the protecting the rights of the individual ARDSON). skill-set and knowledge of employees and protecting the rights of the defend- Ms. RICHARDSON. Mr. Speaker, as who are nearing the end of their ca- ant. I believe that we have created a one of the House conferees of this re- reers and who want to work part time justice system in America that blindly port, I have no confusion in terms of to help train future agency leaders. treats everyone equally. There are why I’m here and what we’re doing to The SPEAKER pro tempore. The those who disagree, and I understand support the troops. I rise in strong sup- time of the gentleman has expired. that debate. port of this rule and the conference re- Ms. SLAUGHTER. Mr. Speaker, I But that debate should be resolved in port of H.R. 2647, and I will submit my will yield 1 minute to the gentleman. a one-on-one confrontation between full statement for the RECORD. Mr. LYNCH. Also included is a provi- those who think the justice system I thank Chairman SKELTON for his sion that allows D.C. court employees treats all fairly and those who do not, continued skillful leadership, for the to be compensated for lost retirement and if hate crimes is the solution to Speaker appointing me as a conferee, credits when those workers were invol- that bill, if we thought crimes are what and Mr. OBERSTAR for recommending untarily transferred to Federal service. we want in America, then I think we me. What is the report about? There’s H.R. 2647 will also terminate DOD’s should go forward independently on a no covers here. The report is clear. It’s disastrous so-called pay-for-perform- hate crimes bill. And I think those who about restoring and enhancing the ance personnel system. support hate crimes should have the readiness of our troops and the equip- I would like to extend my gratitude courage to come out from underneath ment. It’s about taking care of our to IKE SKELTON, chairman of the the cover of the United States service- military personnel, and it also author- Armed Services Committee, and BUCK man and step up and say, this is a prob- izes needed investments to keep our MCKEON, the ranking member, as well lem in America and it needs to be Nation strong. as Members JIM MORAN from Virginia, solved, and here’s how we solve it. So let’s talk about what that means. Mr. CONNOLLY from Virginia, Mr. VAN Let us discuss it as men and women Troops, enabling that the Department HOLLEN from Maryland, and Congress- who represent the American people, of Defense would have 213 C–17s so we woman ELEANOR HOLMES NORTON from and let us vote as our constituents can support our men and women; that the District of Columbia, and Majority would have us vote on the issue before our military families would not have to Leader STENY HOYER for their efforts us, hate crimes. Let’s not hide that wait on a 3.4 percent military raise on behalf of the Federal workforce. issue behind that American soldier that they’ve long deserved. But let me Mr. Speaker, I conclude my remarks who, at this very moment, is patrolling focus my final moment on why and by thanking Chairwoman SLAUGHTER over in Iraq and putting his life on the what my specialty is and what I think for the time and restating my support line. This is an awful thing to do to the is so important in this bill, talking for the rule. American soldier because it is taking about port security as national secu- him and having his Representative rity. b 1045 have to be in a quandary to support the When we consider the provision that Mr. LINCOLN DIAZ-BALART of military because someone is plugging is in this bill, port security, infrastruc- Florida. Mr. Speaker, I yield 5 minutes in a bill that they might disagree with. ture, development program, it will en- to my friend, the great Texan, Judge I believe every victim is entitled to able our ports to finally come up to CARTER. be protected by the law. No matter who speed where we can be competitive, as Mr. CARTER. Mr. Speaker, I have they are or what they do, they are enti- well as the economic engine that we re- the distinct honor and privilege to rep- tled, as a victim, to be protected under side in. resent 52,000 fighting American sol- the law and their rights to be part of Now, let’s talk about the ports. The diers, men and women. As we stand the criminal justice system. And I be- role of our ports is not just economics. here on the floor of this House today, lieve the sentencing process that we It’s to connect the ports. That’s the 25,000 of my soldiers that I represent give to our judges and our juries it is point. And when you look at 14 com- from Fort Hood, Texas, are engaged in very important that they have choices mercial ports currently in the United combat against an enemy of the United to make and they can take into consid- States, two of which are in my area, States. And we have lost hundreds of eration evidence of why the event oc- they are called strategic ports for that soldiers from Fort Hood; and we have curred, whatever that why may be. very reason. When you look at Oper- had thousands of soldiers, men and But I think, to stick in here a con- ation Enduring Freedom, that was the women, injured from Fort Hood fight- troversial issue, which goes farther largest area where we had the sealift ing for freedom and doing their duty than just what the crime is, but what tonnage and troops that were moved and accomplishing their mission. was that person thinking, or what are through the ports to enable us to re- I have always supported the United we going to presume that person was spond. States military in every form or fash- thinking, and if anybody ever talked to So when we talk about this Defense ion, and I have always been a crusader him on this subject, do we presume authorization bill, it’s quite clear why

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.011 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11120 CONGRESSIONAL RECORD — HOUSE October 8, 2009 we’re here today. We’re here to talk Requires a system to register and track all material for Operations Enduring Freedom and about our troops, to prepare them and U.S. defense articles provided to Afghanistan Iraqi Freedom since the conflicts began there to give them the resources that they so and Pakistan; in early 2001. The Military Sealift Command, richly deserve. Currently, our ports are Directs GAO to provide separate reports as- MSC, and the Military Traffic Management struggling without enough money for sessing the strategic plans for Iraq and Af- Command, MTMC, use public ports to prepo- the Army Corps to do the proper dredg- ghanistan. sition mobility forces and assets and provide ing. PORT SECURITY AND NATIONAL SECURITY global surface deployment command, together I urge my colleagues to support this, Mr. Speaker, in my remaining time let me with control and distribution operations, to and I stand in support of Ms. SLAUGH- discuss an additional reason why I support the meet national security objectives in peace and TER as we move forward on this rule. conference report. Working together construc- war. Mr. Speaker, as one of the House conferees tively, the conferees were able to reach agree- According to the Department of Defense, on this report, I rise in strong support of the ment and included in the Conference Report the total sealift tonnage moved in the first 6 rule and the underlying Conference Report on provisions establishing a port infrastructure de- months of Operation Iraqi Freedom and the H.R. 2647, the National Defense Authorization velopment program. Let me explain why this is deployment and redeployment of approxi- Act for Fiscal Year 2010, which provides a significant, constructive, and necessary en- mately 240,000 troops and their equipment $550.2 billion in budget authority for the De- hancement to the bill. The subject is very im- was part of the largest troop rotation since partment of Defense and the national security portant but I will be brief. World War II. Sealift tonnage passing through programs of the Department of Energy. ECONOMIC SIGNIFICANCE OF AMERICAN PORTS the Nation’s ports accounted for approximately I thank Chairman SKELTON for his skillful Our Nation’s ports are vital to the economic 84 percent of the total Operation Iraqi Free- leadership in shepherding this legislation to health and prosperity of our Nation. According dom cargo shipped during this period. the floor. I also wish to express my apprecia- to the International Trade Administration, last THE CRITICAL ROLE OF PORT INFRASTRUCTURE TO ELOSI tion to Speaker P for appointing me as a year U.S. exports of goods and services grew NATIONAL SECURITY conferee. And I cannot say how much it by 12 percent to $1.84 trillion, while imports Commercial ports are a linchpin of the econ- means to me to have the confidence of my increased by 7.4 percent to $2.52 trillion. Ex- omy and a critical component of our national chairman, Mr. OBERSTAR, who recommended ports accounted for 13.1 percent of U.S. defense. But Mr. Speaker, there is a problem. me to the Speaker. Mr. Speaker, I support Gross Domestic Product in 2008. To put that It is simple and it is stark: Our ports are in- the conference report for three reasons: (1) it in historical context, in 2003, exports were 9.5 creasingly less capable of fulfilling their vital restores and enhances the readiness of our percent of GDP; in 1969 they were only 5.3 functions because we have not invested suffi- troops, equipment, and defense infrastructure; percent. cient resources to maintain and modernize (2) it takes care of our military personnel and The Port of Long Beach and Los Angeles is them. Port infrastructure is rapidly falling into their families; and (3) it authorizes the needed the busiest container port in the United States. a dangerous state of disrepair. investments to keep our nation strong, safe, This port complex is the fifth busiest port in For too long we have neglected to make the and respected in the world. the world, moving $260 billion in total trade critical investments necessary to ensure the Let me briefly highlight some of the key pro- and handling 14.33 million 20-foot containers United States remains the world leader in visions. This legislation: in 2009. This represents approximately 40 per- goods movement. Consequently, today in TROOP AND EQUIPMENT READINESS cent of all the containers entering the United Long Beach and other ports around the coun- Increases the size of our overstretched mili- States. More than 886,000 jobs in California try we find growing congestion, dangerous tary by 30,000 Army troops, 8,100 Marines, are directly or indirectly related to the inter- roads and safety hazards, increasing levels of 14,650 Air Force personnel, and 2,477 Navy national trade activities at the ports. pollution and other environmental problems in sailors as requested by the President and According to the U.S. Coast Guard, there our communities, especially those near freight Commander-in-Chief; are 360 commercial ports that provide approxi- corridors like the Alameda Corridor in my Provides $6.9 billion to address equipment mately 3,200 cargo and passenger handling home district. shortfalls in the National Guard and Reserves; facilities. The importance of our ports is only The situation is not much better when it Provides $4.7 billion for training opportuni- going to continue to grow. The Department of comes to the dredging of our ports and har- ties for the Army; Transportation estimates that by 2035, the vol- Adds $350 million for Army trainee barracks bors. Global competition has led to the deploy- ume of freight shipped on the U.S. transpor- construction and $200 million to support Na- ment of larger vessels capable of carrying in- tation system will increase more than 48 per- tional Guard and Reserve military construction creased tonnage but requiring deeper ports cent—and much of this freight enters the U.S projects; and harbors. That means frequent and better Requires DoD to maintain a strategic airlift through our ports. dredging. fleet of 316 aircraft, an increase of 24 over NATIONAL SECURITY CONSIDERATIONS However, according to the Army Corps of previous requirement, which should help bring While it is undeniable that the international Engineers only 160 dredging contracts were us closer to the goal of maintaining the full trade handled by the Nation’s ports is a major awarded last year to dredge 146,747,977 complement—at least 213—of C–17’s, the in- engine driving our economy, public and com- cubic yards of sediment. This is not nearly comparable and irreplaceable air transport that mercial ports serve another critical function enough. According to the Department of is assembled in my congressional district. that is vital to our national security. Mr. Speak- Transportation, in several strategic ports er, it is an understatement to say that in times dredging must be increased as much as 45 to HELP FOR MILITARY FAMILIES Provides a 3.4 percent military pay raise; of war, ‘‘the role of ports is to connect the 50 feet to accommodate the larger commercial Prohibits fee increases on TRICARE inpa- forts.’’ vessels dominating the shipping industry. tient care for 1 year; During wartime and national emergencies, Instead of using funds to maintain and Provides $2.2 billion for family housing pro- the Defense Department designates two dredge our harbors, we have used more than grams; dozen ports to support the mobilization, de- half the funds collected for that purpose by the Adds $276 million to support the Housing ployment, and resupply of U.S. forces during Harbor Maintenance Fund to support the Assistance Program that helps service mem- major conflicts. Commercial port facilities rou- budget deficit instead of eliminating the port bers forced to sell their homes at a significant tinely ship military cargo and many U.S. ports infrastructure deficit. Currently, the HMT Fund loss; host major naval installations. Indeed, 14 com- has a surplus of approximately Provides travel and transportation for three mercial ports—including the Port of Long $4,600,000,000. In fiscal year 2009, more than designated persons, including non-family Beach and Los Angeles—are deemed so crit- $1.6 billion was collected by only $710 million, members, to visit hospitalized service mem- ical to the defense and security of the Nation 43.7 percent, was appropriated for dredging bers. that they have been designated as ‘‘strategic operations. IRAQ, AFGHANISTAN, AND PAKISTAN ports.’’ The others are: Tacoma, Wash.; Oak- Mr. Speaker, when it comes to port infra- Bans permanent bases in Iraq and prohibits land, Calif.; San Diego, Calif.; Corpus Christi, structure the current states of affairs is simply U.S. control of Iraqi oil; Texas; Beaumont, Texas; Jacksonville, Fla.; intolerable. We are placing our commercial en- Requires report on responsible redeploy- Savannah, Ga.; Charleston, S.C.; Wilmington, terprises at a competitive disadvantage in the ment of U.S. forces from Iraq; N.C.; Morehead City, N.C.; Hampton Roads global economy. Worse, we are putting our Bans permanent bases in Afghanistan; Area Ports, Va.; Philadelphia, Pa. and the national security at risk. Requires reports to assess progress toward New York/New Jersey Port Complex. That is why I have been working to correct security and stability in Afghanistan and in U.S. public and commercial ports have been this problem since I have been in the Con- Pakistan; indispensable in the deployment of troops and gress. Recently, I introduced three bills:

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 9920 E:\CR\FM\K08OC7.012 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11121 1. H.R. 3447, ‘‘Harbor Maintenance Trust riety of reasons, some out of a sense of But there is a real possibility that Fund Reform Act,’’ which would provide a reli- patriotism, some out of a sense of love these provisions in this Defense bill able and guaranteed source of funding for har- for their families, love for their coun- having to do with hate crimes and sex- bor dredging; try, a sense of duty; but in every single ual preference could have that effect. 2. H.R. 3446, the ‘‘Clean Low-Emission Au- case, I would offer that, from the These provisions, as written, could re- thorization Nationwide (CLEAN) Ports Act of American Revolution forward, every sult in a chilling effect against reli- 2009,’’ which will lead to a reduction in pollu- American who has put on the uniform gious leaders in this country. As has tion levels plaguing port communities by es- of this country has done so to defend been previously stated by Judge tablishing a grant program to assist port au- freedom. Therefore, the very idea that CARTER of Texas, under section two of thorities to acquire fuel efficient and low-emis- we would erode the freedoms for which title 18 of the U.S. Code today, an indi- sion vehicles, equipment and systems; and our soldiers wear the uniform in a bill vidual may be held criminally liable 3. H.R. 2355, the ‘‘Making Opportunity via that is designed to provide resources who aids, abets, counsels, commands or Efficient and More Effective National Transpor- those soldiers need to get the job done induces or procures in the commission tation Act of 2009’’ (‘‘Movement Act’’), which and come home safe is unconscionable. of a Federal crime. provides funding for infrastructure projects that It is simply inappropriate to use the Therefore, to put a fine point on it, will improve the movement of goods, mitigate Defense bill as a vehicle for divisive any pastor, preacher, priest, rabbi, or environmental damage caused by the move- liberal social policies wholly unrelated imam who may give a sermon out of ment of goods, and enhance the security of to our country’s national security. their moral traditions about sexual transported goods. Here, the Democrats in the majority, practices could presumably, under this I will discuss these proposals in more detail with the assent of this administration, legislation, be found to have aided, at another time. But it suffices for now to say are piling liberal social priorities on to abetted or induced in the commission that what each of my bills has in common with the backs of our soldiers. This is dis- of a Federal crime. This will have a the provision we have included in the Con- turbing, I suspect, to millions of Amer- chilling effect on religious expression ference Report is that they all recognize the icans and counterproductive to the leg- from the pulpits, in our temples, in our critical importance of making the necessary in- islative process. mosques and in our churches; and it vestments in port infrastructure to ensure that But on to the substance of hate must be undone. ports are capable of moving goods efficiently, crimes. I find myself in strong agree- So let me say, as I close, the provi- absorbing new capacity, remaining competi- ment this day with Thomas Jefferson sions added to this legislation threaten tive, and fulfilling its national defense function. who said, and I quote, ‘‘Legislative religious freedom by criminalizing CONCLUSION powers of government reach actions thought. It is simply wrong to further In conclusion, Mr. Speaker, I support the only, not opinions.’’ And he actually criminalize thought and chill religious Conference Report because it restores and connected that very principle with the expressions of Americans. But let me enhances the readiness of our troops, equip- foundation and rationale for the First also say, as I said before, a Defense au- ment, and defense infrastructure. It takes care Amendment. The hate crimes provi- thorization bill ought to be about the of our military personnel and their families. sions in this legislation, as before, are national defense. And here we have, in And it authorizes the needed investments to antithetical to those First Amendment this majority, in an effort, presumably, keep our Nation strong, safe, and respected in traditions and unnecessary. Violent at- any effort to move liberal social poli- the world. That is why I was proud to have tacks on people are already illegal, re- cies at home, a willingness to pile un- been selected as a member of the Conference gardless of the motive behind them. related liberal priorities on the backs and to have signed the Conference Report. I And there’s no evidence that the under- of an effort to advance our national se- urge my colleagues to join me in supporting lying violent crimes at issue here are curity. And that’s unconscionable. not being fully and aggressively pros- the rule and in voting for the bill on final pas- b 1100 sage. ecuted under current law. Mr. LINCOLN DIAZ-BALART of Therefore, in a practical sense, hate Let’s remember what our soldiers are Florida. Mr. Speaker, I yield 7 minutes crimes serve no purpose. But they in- fighting for. Let’s remember why they to my friend, the great leader from In- stead penalize people for thoughts, be- put on the uniform. They wear the uni- diana, Mr. PENCE. liefs and attitude and send us down form to defend freedom. So let’s take a (Mr. PENCE asked and was given per- that very slope that Thomas Jefferson stand for freedom today and let’s take mission to revise and extend his re- warned against. Now, some of these a stand for a legislative process that marks.) thoughts and beliefs and attitudes, rac- has genuine integrity to purpose. Mr. PENCE. Mr. Speaker, I rise in op- ism, sexism, bias against people be- I urge my colleagues to vote against position to this rule and in opposition cause of their sexual preferences, I find the rule, and I sadly urge my col- to the hate crimes provisions and the abhorrent. I disdain discrimination. I leagues to vote against the Defense au- balance of the National Defense Au- disdain bigotry. But these hate crimes thorization bill. thorization Act for Fiscal Year 2010. provisions, including those that will be Ms. SLAUGHTER. Mr. Speaker, I Throughout my nearly 9 years in added to Federal law today, are broad yield 2 minutes to the gentleman from Congress, I’ve been down range with enough to encompass legitimate be- Florida (Mr. KLEIN). our troops every year, in Afghanistan liefs, and protecting the rights of free- Mr. KLEIN of Florida. Thank you to and Iraq. I’ve also supported every De- dom and speech and religion must be the gentlelady from New York. I rise fense authorization bill that has come first and foremost and paramount on today to strongly support the rule and before this body, and so I rise with a the floor of this chamber. the underlying bill, the conference re- heavy heart today to say that I will To put it quite simply, adding hate port on the National Defense Author- break that personal tradition in oppos- crimes provisions in this Defense bill ization Act. I’m grateful to Chair- ing this bill. puts us on a slippery slope of deeming woman SLAUGHTER for the time to Now, no one doubts that the National particular groups as more important speak, and Chairman SKELTON and the Defense Authorization Act for Fiscal than others under our system of jus- ranking member for crafting a bill that Year 2010 is an important piece of legis- tice. Singling out particular groups of protects our national security in a fis- lation whose essential elements will victims erodes our longstanding legal cally responsible way. provide for our troops the critical re- principle of equal protection under the This morning, I would like to focus sources they need to accomplish their law as well. The First Amendment of on section 1077, which allows the De- mission. However, the majority in this the Constitution provides that Con- partment of Veterans Affairs to pro- Congress has cynically included hate gress shall make no law respecting an vide veterans with service dogs that crimes provisions in this legislation establishment of religion or prohib- can facilitate treatment of their phys- that threaten the very freedoms of iting the free exercise thereof. America ical and mental disabilities. speech and religion that draw our sol- was founded on the notion that the I first introduced the bipartisan diers into the uniform of this Nation. government should not interfere with Wounded Warrior K–9 Corps Act in Men and women throughout our his- the religious practices or expressions of July, and I’m proud to have worked out tory have put on the uniform for a va- our people. this language in this bill to help keep

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.023 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11122 CONGRESSIONAL RECORD — HOUSE October 8, 2009 America’s promise to our disabled vet- No Member of Congress should have rule and this conference report. It’s the erans. The men and women who have the ability to provide a sole-source or first time we have allowed social policy served this country and are injured de- no-bid contract to their campaign con- and the budget to drive our defense serve our full and complete support tractors. Until we address the root of posture instead of our defense posture when they return home, and that that problem, we’re going to have prob- driving the budget. We have men today means doing everything we can to im- lems like this. that are fighting and dying in Afghani- prove their quality of life after their A while ago, I worked with the De- stan, and they have no plan. service. partment of Defense—or, in fact, I’ve Now, the law doesn’t require that the I have seen these programs where been working with them for several administration have a plan. Common they provide service dogs in action. I months now—to try to see where these sense does. Fairness does. But what the have witnessed the growth of disabled earmarks are going and to see what law did require was on this report they veterans after working with a guide process they have by which they are have a shipbuilding plan so America dog or an animal that can assist them competitively bid. I should note that knows what we’re doing with their with physical therapy, their mental I’m skeptical that this language will do ships, how they’re building, and that health, and even their job. These pro- very much good because the Depart- they certify that this budget, this au- grams succeed, and they’re another im- ment of Defense tells us now that they thorization bill will meet. And this ad- portant way we can strongly stand be- follow a process by which earmarks are ministration just refused to do it. hind our veterans and their families. competitively bid; yet, I provided the The law also requires that they have I’d like to thank Senator AL Department with a subset of roughly an aviation plan that just makes sense. FRANKEN of Minnesota and ED 160 earmarks in the FY 2008 legislation But the law requires them to give us a WHITFIELD of Kentucky, who were my and asked for information regarding plan to say what they’re going to do indispensable partners in this bipar- the competitive practices used to with our planes and the certification tisan effort. I’d like to also acknowl- award these earmarks. that this conference report does it. edge David Kildee of the House Armed The SPEAKER pro tempore. The They just refuse to do it. Services Committee staff, and the time of the gentleman has expired. When they sent the report over, they Armed Services Committee staff, Mr. LINCOLN DIAZ-BALART of issued a gag order to members in the whose assistance proved crucial in this Florida. I yield the gentleman an addi- Pentagon where they couldn’t even talk to Congress to tell them where effort. tional 20 seconds. Finally, this effort would not be pos- Mr. FLAKE. After an initial review, they were putting dollars and which sible without Irwin Stovroff, former though apparently consistent with programs they were cutting, and that World War II POW and someone who’s competitive requirements, it was found was just wrong. And then they have la- beled their social agenda and overlaid a personal friend and my constituent. that, with uncanny alignment, these it into a Defense authorization bill. He is a guardian angel to many dis- earmarks actually went to their in- Mr. Speaker, the American people de- tended recipients. abled veterans and wounded warriors serve better, and I hope we will defeat So we have much more work here to who depend on him for their service this rule and defeat the underlying do, and I hope in the coming months dogs and their quality of life. conference report. I urge my colleagues to support this we can fix this problem completely. ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE measure, the conference report, and Members of Congress shouldn’t have The SPEAKER pro tempore. The the rule. the ability to award no-bid contracts Chair will remind all persons in the Mr. LINCOLN DIAZ-BALART of to their campaign contributors. gallery that they are here as guests of Florida. Mr. Speaker, I yield 2 minutes Ms. SLAUGHTER. Mr. Speaker, I the House and that any manifestation to the gentleman from Arizona (Mr. yield 2 minutes to the gentlewoman of approval or disapproval of pro- FLAKE). from New Hampshire (Ms. SHEA-POR- ceedings or other audible conversation Mr. FLAKE. I thank the gentleman TER). is in violation of the rules of the for yielding. I do not plan to support Ms. SHEA-PORTER. I rise in strong support of the conference report on the House. the rule or the underlying legislation. I Ms. SLAUGHTER. I yield 2 minutes National Defense Authorization Act. have some of the concerns that were to the gentlewoman from Nevada (Ms. raised earlier about adding items that This bill is what Americans have been BERKLEY). don’t belong in a Defense bill. We sim- waiting for. There’s a military pay Ms. BERKLEY. I thank the gentle- ply shouldn’t do that. raise of 3.4 percent to say thank you to woman and I thank her for her hard But I do rise in support of a provision our troops. We prohibit fee increases on work on this and every other piece of contained in the Defense authorization TRICARE patients for 1 year, some- legislation that this body votes on. conference report that will hopefully thing many of my constituents have Mr. Speaker, I rise today in support shed some light on the process by worried about; increases the size of the of the conference report of the Na- which earmarks are competitively military and relieves the burden on so tional Defense Authorization Act. I’m awarded by the Department of Defense. many of our troops. It provides money pleased to see that the conference re- Section 1062 of the report represents for the National Guard and for Reserve port includes an important provision a compromise between language in the construction projects, saying thank which would require a study on pro- Senate’s version of the bill and an you to the National Guard and recog- viding Federal retirement benefits to amendment dealing with earmarks nizing their hard work. It prevents per- former Air America employees. that I was able to successfully offer in manent bases in Afghanistan and Iraq. From 1950 to 1976, Air America was a the House bill. I’m also pleased that my amendment government corporation owned and op- The practice of earmarking, as we all to repeal the National Security Per- erated by the CIA that supported know, has come under significant scru- sonnel System has been included in the America’s missions during the cold tiny in the media with the advent of conference report. The Department of war. The corporation conducted flight the PMA Group scandal when it was re- Defense employees will be returned to operations in various countries, includ- vealed earlier this year. Yet, since that the previous system, the one that 80 ing China, Korea, and Vietnam, on be- time, Congress has taken very little ac- percent of them liked and approved behalf of the Department of Defense and tion to actually deal with the root cause it was a fairer system. the CIA. cause of this problem. Mr. LINCOLN DIAZ-BALART of The CIA conducted Air America oper- The Defense authorization bill, the Florida. I yield 2 minutes to my distin- ations in secret and did not acknowl- Defense appropriation bill each contain guished friend from Virginia (Mr. edge that Air America was a govern- hundreds of—in one case more than a FORBES). ment corporation. Therefore, those Air thousand—individual earmarks, many Mr. FORBES. Mr. Speaker, I rise in America employees have never re- of which—in fact, in the Defense appro- opposition to both this rule and the un- ceived their government retirement priation bill, more than half of the ear- derlying conference report. The Amer- benefits. marks are going to for-profit entities. ican people need to understand the sea This noncontroversial Air America We simply cannot continue to do that. change that’s taking place with this provision included in section 1057 of the

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.014 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11123 conference report simply requires a re- then, once we are done, consider H. a vote to allow the opposition, at least for port from the Director of National In- Res. 544. the moment, to offer an alternative plan. It telligence on the visibility of cor- Mr. Speaker, I ask unanimous con- is a vote about what the House should be debating. recting this oversight and retro- sent to insert the text of the amend- Mr. Clarence Cannon’s Precedents of the actively giving these employees Civil ment and the extraneous materials im- House of Representatives, (VI, 308–311) de- Service Retirement System benefits. It mediately prior to the vote on the pre- scribes the vote on the previous question on is only right. It is only fair. Air Amer- vious question. the rule as ‘‘a motion to direct or control the ica employees served their country The SPEAKER pro tempore. Is there consideration of the subject before the House with distinction, often at great risk to objection to the request of the gen- being made by the Member in charge.’’ To themselves. They earned these bene- tleman from Florida? defeat the previous question is to give the opposition a chance to decide the subject be- fits. There was no objection. Mr. LINCOLN DIAZ-BALART of fore the House. Cannon cites the Speaker’s This, in addition to so many other ruling of January 13, 1920, to the effect that parts of this bill, make it well worth Florida. I yield back the balance of my ‘‘the refusal of the House to sustain the devoting for, and I urge my colleagues to time. mand for the previous question passes the support this legislation. AMENDMENT OFFERED BY MS. SLAUGHTER control of the resolution to the opposition’’ Mr. LINCOLN DIAZ-BALART of Ms. SLAUGHTER. Mr. Speaker, I in order to offer an amendment. On March Florida. I yield myself such time as I have an amendment to the rule at the 15, 1909, a member of the majority party of- may consume. desk. fered a rule resolution. The House defeated the previous question and a member of the Over the last few months, the Amer- The SPEAKER pro tempore. The ican people have written and called opposition rose to a parliamentary inquiry, Clerk will report the amendment. asking who was entitled to recognition. their Members of Congress or they’ve The Clerk read as follows: Speaker Joseph G. Cannon (R–Illinois) said: made their opinions known at town Amendment offered by Ms. SLAUGHTER: ‘‘The previous question having been refused, hall meetings to ask their Congress- At the end of the resolution, add the fol- the gentleman from New York, Mr. Fitz- men whether they will pledge to read lowing: gerald, who had asked the gentleman to bills before they vote on them. The rea- ‘‘SEC. 2. Upon the adoption of the con- yield to him for an amendment, is entitled to son is that the people really were out- ference report the House shall be considered the first recognition.’’ raged, often finding out the majority to have adopted the concurrent resolution Because the vote today may look bad for the Democratic majority they will say ‘‘the leadership forced Congress to vote on a (H. Con. Res. 196) making corrections in the enrollment of the bill H.R. 2647.’’ vote on the previous question is simply a number of sweeping and very expensive The material previously referred to vote on whether to proceed to an immediate bills without giving Members time to by Mr. LINCOLN DIAZ-BALART of Florida vote on adopting the resolution . . . [and] understand or really even to read the is as follows: has no substantive legislative or policy im- bills. plications whatsoever.’’ But that is not what For example, we were forced to vote AMENDMENT TO H. RES. 808 they have always said. Listen to the defini- on the final so-called ‘‘stimulus’’ bill, OFFERED BY MR. LINCOLN DIAZ-BALART OF tion of the previous question used in the on the omnibus appropriations bill, and FLORIDA Floor Procedures Manual published by the on cap-and-trade with less than 24 At the end of the resolution, insert the fol- Rules Committee in the 109th Congress, lowing new section: (page 56). Here’s how the Rules Committee hours to read the bills; in some in- SEC. 3. On the third legislative day after described the rule using information form stances, much less than 24 hours. And the adoption of this resolution, immediately Congressional Quarterly’s ‘‘American Con- that’s no way to run this House. Our after the third daily order of business under gressional Dictionary’’: ‘‘If the previous constituents are rightly upset. clause 1 of rule XIV and without interven- question is defeated, control of debate shifts A recent survey found that 83 percent tion of any point of order, the House shall to the leading opposition member (usually of Americans believe legislation should proceed to the consideration of the resolu- the minority Floor Manager) who then man- be posted online in final form and tion (H. Res. 554) amending the Rules of the ages an hour of debate and may offer a ger- House of Representatives to require that leg- mane amendment to the pending business.’’ available for everyone to read before Deschler’s Procedure in the U.S. House of Congress votes on legislation. islation and conference reports be available on the Internet for 72 hours before consider- Representatives, the subchapter titled You would think, Mr. Speaker, this ation by the House, and for other purposes. ‘‘Amending Special Rules’’ states: ‘‘a refusal would not be an issue, as the distin- The resolution shall be considered as read. to order the previous question on such a rule guished Speaker is on record as saying, The previous question shall be considered as [a special rule reported from the Committee ‘‘Members should have at least 24 hours ordered on the resolution and any amend- on Rules] opens the resolution to amend- to examine bills and conference reports ment thereto to final adoption without in- ment and further debate.’’ (Chapter 21, sec- before floor consideration.’’ It’s even tervening motion or demand for division of tion 21.2) Section 21.3 continues: Upon rejec- on her Web site; yet, time and time the question except: (1) one hour of debate tion of the motion for the previous question on a resolution reported from the Committee again, the distinguished Speaker and equally divided and controlled by the chair and ranking minority member of the Com- on Rules, control shifts to the Member lead- majority leadership have refused to mittee on Rules; (2) an amendment, if offered ing the opposition to the previous question, live up to their pledge. That is why a by the Minority Leader or his designee and if who may offer a proper amendment or mo- bipartisan group of 182 Members have printed in that portion of the Congressional tion and who controls the time for debate signed a discharge petition to consider Record designated for that purpose in clause thereon.’’ a bill that would require that all legis- 8 of rule XVIII at least one legislative day Clearly, the vote on the previous question lation and conference reports be made prior to its consideration, which shall be in on a rule does have substantive policy impli- order without intervention of any point of cations. It is one of the only available tools available to Members of Congress and for those who oppose the Democratic major- the general public for 72 hours before order or demand for division of the question, shall be considered as read and shall be sepa- ity’s agenda and allows those with alter- they be brought to the House floor for rately debatable for twenty minutes equally native views the opportunity to offer an al- a vote. divided and controlled by the proponent and ternative plan. That’s why today I will be asking for an opponent; and (3) one motion to recommit Ms. SLAUGHTER. Mr. Speaker, I a ‘‘no’’ vote on the previous question so which shall not contain instructions. Clause yield back the balance of my time, and that we can amend this rule and allow 1(c) of rule XIX shall not apply to the consid- I move the previous question on the the House to consider that legislation, eration of House Resolution 554. amendment and the resolution and ask H. Res. 544, a bipartisan bill by my col- for a ‘‘yes’’ vote. leagues, Representatives BAIRD and (The information contained herein was The SPEAKER pro tempore. The provided by Democratic Minority on mul- CULBERSON. tiple occasions throughout the 109th Con- question is on ordering the previous I know that Members are concerned gress.) question on the amendment and the that this motion may jeopardize the THE VOTE ON THE PREVIOUS QUESTION: WHAT resolution. Department of Defense Authorization IT REALLY MEANS The question was taken; and the Act. But I want to make clear, the mo- This vote, the vote on whether to order the Speaker pro tempore announced that tion I am making provides for separate previous question on a special rule, is not the ayes appeared to have it. consideration of the Baird-Culberson merely a procedural vote. A vote against or- Mr. LINCOLN DIAZ-BALART of bill within 3 days. So we can pass the dering the previous question is a vote Florida. Mr. Speaker, on that I demand Defense authorization bill today and against the Democratic majority agenda and the yeas and nays.

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.016 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11124 CONGRESSIONAL RECORD — HOUSE October 8, 2009 The yeas and nays were ordered. Welch Wilson (OH) Wu RECORDED VOTE Wexler Woolsey Yarmuth The SPEAKER pro tempore. Pursu- Mr. LINCOLN DIAZ-BALART of ant to clause 8 and clause 9 of rule XX, NAYS—187 Florida. Mr. Speaker, I demand a re- this 15-minute vote on ordering the Aderholt Foster Miller, Gary corded vote. previous question on the amendment Akin Foxx Moran (KS) A recorded vote was ordered. Alexander Franks (AZ) Murphy, Tim and the resolution will be followed by Austria Frelinghuysen Myrick The SPEAKER pro tempore. This 5-minute votes on the amendment to H. Bachmann Gallegly Nunes will be a 5-minute vote. Res. 808, if ordered; adoption of H. Res. Bachus Garrett (NJ) Olson The vote was taken by electronic de- Barrett (SC) Gerlach 808; motion to suspend the rules on H. Paul vice, and there were—ayes 234, noes 188, Bartlett Gingrey (GA) Paulsen Res. 650, H.J. Res. 26, and H.R. 3590. Barton (TX) Gohmert Pence not voting 10, as follows: The vote was taken by electronic de- Biggert Goodlatte Petri [Roll No. 765] Bilbray Granger Pitts vice, and there were—yeas 237, nays Bilirakis Graves AYES—234 Platts 187, not voting 8, as follows: Bishop (UT) Griffith Poe (TX) Abercrombie Gutierrez Neal (MA) Blackburn Guthrie Posey Ackerman Hall (NY) Nye [Roll No. 764] Blunt Hall (TX) Price (GA) Adler (NJ) Halvorson Obey YEAS—237 Boehner Harper Putnam Altmire Hare Olver Bonner Hastings (WA) Andrews Harman Ortiz Abercrombie Grijalva Nadler (NY) Bono Mack Heller Radanovich Ackerman Gutierrez Napolitano Rehberg Arcuri Hastings (FL) Pallone Boozman Hensarling Baca Heinrich Pascrell Adler (NJ) Hall (NY) Neal (MA) Boren Herger Reichert Altmire Halvorson Nye Roe (TN) Baldwin Herseth Sandlin Pastor (AZ) Boustany Hoekstra Barrow Higgins Andrews Hare Obey Rogers (AL) Payne Brady (TX) Hunter Bean Hill Perlmutter Arcuri Harman Olver Rogers (KY) Bright Inglis Becerra Himes Perriello Baca Hastings (FL) Ortiz Rogers (MI) Broun (GA) Issa Berkley Hinchey Peters Baird Heinrich Pallone Rohrabacher Brown (SC) Jenkins Berman Hinojosa Peterson Baldwin Herseth Sandlin Pascrell Rooney Brown-Waite, Johnson (IL) Berry Hirono Pingree (ME) Barrow Higgins Pastor (AZ) Ginny Jones Ros-Lehtinen Bean Hill Bishop (GA) Hodes Polis (CO) Payne Buchanan Jordan (OH) Roskam Becerra Himes Bishop (NY) Holden Pomeroy Perlmutter Burgess King (IA) Royce Berkley Hinchey Blumenauer Holt Price (NC) Perriello Burton (IN) King (NY) Ryan (WI) Berman Hinojosa Boccieri Honda Quigley Peters Buyer Kingston Scalise Berry Hirono Boswell Hoyer Rahall Calvert Kirk Schmidt Bishop (GA) Hodes Peterson Boucher Inslee Rangel Pingree (ME) Camp Kline (MN) Schock Boyd Israel Reyes Bishop (NY) Holden Campbell Kratovil Blumenauer Holt Polis (CO) Sensenbrenner Brady (PA) Jackson (IL) Richardson Pomeroy Cantor Kucinich Sessions Braley (IA) Jackson-Lee Ross Boccieri Honda Cao Lamborn Boswell Hoyer Price (NC) Shadegg Brown, Corrine (TX) Rothman (NJ) Quigley Capito Lance Shimkus Butterfield Johnson (IL) Roybal-Allard Boucher Inslee Carter Latham Rahall Shuster Capuano Johnson, E. B. Ruppersberger Boyd Israel Cassidy LaTourette Rangel Simpson Cardoza Kagen Rush Brady (PA) Jackson (IL) Castle Latta Reyes Smith (NE) Carnahan Kanjorski Ryan (OH) Braley (IA) Jackson-Lee Chaffetz Lee (NY) Brown, Corrine (TX) Richardson Smith (NJ) Carson (IN) Kennedy Salazar Childers Lewis (CA) Smith (TX) Castor (FL) Kildee Sa´ nchez, Linda Butterfield Johnson (GA) Rodriguez Coble Linder Souder Chandler Kilpatrick (MI) T. Capps Johnson, E. B. Ross Coffman (CO) LoBiondo Stearns Chu Kilroy Sanchez, Loretta Capuano Kagen Rothman (NJ) Cole Lucas Sullivan Clarke Kind Sarbanes Cardoza Kanjorski Roybal-Allard Conaway Luetkemeyer Carnahan Kennedy Ruppersberger Taylor Clay Kirkpatrick (AZ) Schakowsky Crenshaw Lummis Cleaver Kissell Schauer Carson (IN) Kildee Rush Teague Culberson Lungren, Daniel Clyburn Klein (FL) Schiff Castor (FL) Kilpatrick (MI) Ryan (OH) Terry Davis (KY) E. Cohen Kosmas Schrader Chandler Kilroy Salazar Thompson (PA) Deal (GA) Mack Connolly (VA) Langevin Schwartz Chu Kind Sa´ nchez, Linda Thornberry Dent Manzullo Conyers Larsen (WA) Scott (GA) Clarke Kirkpatrick (AZ) T. Tiahrt Diaz-Balart, L. Marchant Cooper Larson (CT) Scott (VA) Clay Kissell Sanchez, Loretta Diaz-Balart, M. McCarthy (CA) Tiberi Cleaver Klein (FL) Costa Lee (CA) Serrano Sarbanes Donnelly (IN) McCaul Turner Clyburn Kosmas Costello Levin Sestak Schakowsky Dreier McClintock Upton Cohen Langevin Courtney Lewis (GA) Shea-Porter Schauer Duncan McCotter Walden Connolly (VA) Larsen (WA) Wamp Crowley Lipinski Sherman Schiff Ehlers McHenry Cuellar Loebsack Conyers Larson (CT) Westmoreland Sires Schrader Ellsworth McIntyre Cummings Lofgren, Zoe Skelton Cooper Lee (CA) Whitfield Schwartz Emerson McKeon Dahlkemper Lowey Slaughter Costa Levin Wilson (SC) Scott (GA) Fallin McMorris Davis (AL) Luja´ n Smith (WA) Costello Lewis (GA) Wittman Scott (VA) Flake Rodgers Davis (CA) Lynch Snyder Courtney Lipinski Wolf Serrano Fleming Mica Davis (IL) Maffei Space Crowley Loebsack Forbes Miller (FL) Young (AK) Sestak Davis (TN) Markey (CO) Speier Cuellar Lofgren, Zoe Fortenberry Miller (MI) Young (FL) Cummings Lowey Shea-Porter DeFazio Markey (MA) Spratt Dahlkemper Luja´ n Sherman NOT VOTING—8 DeGette Marshall Stark Davis (AL) Lynch Shuler Delahunt Massa Stupak Carney Maloney Sutton Davis (CA) Maffei Sires DeLauro Matheson Sutton Johnson, Sam Neugebauer Tsongas Davis (IL) Markey (CO) Skelton Dicks Matsui Tanner Kaptur Oberstar Davis (TN) Markey (MA) Slaughter Dingell McCarthy (NY) Thompson (CA) DeFazio Marshall Smith (WA) b 1146 Doggett McCollum Thompson (MS) DeGette Massa Snyder Doyle McDermott Tierney Driehaus McGovern Delahunt Matheson Space Messrs. BOREN, CASTLE, KUCINICH Titus Edwards (MD) McMahon Tonko DeLauro Matsui Speier and Ms. GRANGER changed their vote Edwards (TX) McNerney Towns Dicks McCarthy (NY) Spratt from ‘‘yea’’ to ‘‘nay.’’ Ellison Meek (FL) Van Hollen Dingell McCollum Stark Mr. PASCRELL changed his vote Engel Meeks (NY) Vela´ zquez Doggett McDermott Stupak Doyle McGovern Eshoo Michaud Visclosky Tanner from ‘‘nay’’ to ‘‘yea.’’ Driehaus McMahon Etheridge Miller (NC) Walz Thompson (CA) So the previous question was ordered. Edwards (MD) McNerney Farr Miller, George Wasserman Thompson (MS) Edwards (TX) Meek (FL) The result of the vote was announced Fattah Minnick Schultz Ellison Meeks (NY) Tierney as above recorded. Filner Mitchell Waters Engel Melancon Titus The SPEAKER pro tempore. The Foster Mollohan Watson Tonko Eshoo Michaud question is on the amendment offered Frank (MA) Moore (KS) Watt Etheridge Miller (NC) Towns Fudge Moore (WI) Waxman Farr Miller, George Van Hollen by the gentlewoman from New York Giffords Moran (VA) Weiner Fattah Minnick Vela´ zquez (Ms. SLAUGHTER). Gonzalez Murphy (CT) Welch Filner Mitchell Visclosky The amendment was agreed to. Gordon (TN) Murphy (NY) Wexler Frank (MA) Mollohan Walz Grayson Murphy, Patrick Wilson (OH) Fudge Moore (KS) Wasserman The SPEAKER pro tempore. The Green, Al Murtha Woolsey Giffords Moore (WI) Schultz question is on the resolution, as Green, Gene Nadler (NY) Wu Gonzalez Moran (VA) Waters amended. Grijalva Napolitano Yarmuth Gordon (TN) Murphy (CT) Watson The question was taken; and the Grayson Murphy (NY) Watt NOES—188 Green, Al Murphy, Patrick Waxman Speaker pro tempore announced that Aderholt Alexander Bachmann Green, Gene Murtha Weiner the ayes appeared to have it. Akin Austria Bachus

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.018 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11125 Baird Gallegly Murphy, Tim rules and agree to the resolution, H. McNerney Radanovich Smith (WA) Barrett (SC) Garrett (NJ) Myrick Res. 650. Meek (FL) Rahall Snyder Bartlett Gerlach Nunes Meeks (NY) Rangel Souder Barton (TX) Gingrey (GA) Olson This will be a 5-minute vote. Melancon Rehberg Space Biggert Gohmert Paul The vote was taken by electronic de- Mica Reichert Speier Bilbray Goodlatte Paulsen Michaud Reyes Spratt Bilirakis Granger Pence vice, and there were—yeas 421, nays 0, Miller (FL) Richardson Stark Bishop (UT) Graves Petri not voting 11, as follows: Miller (MI) Rodriguez Stearns Blackburn Griffith Miller (NC) Roe (TN) Pitts [Roll No. 766] Stupak Blunt Guthrie Platts Miller, Gary Rogers (AL) Sullivan Boehner Hall (TX) Miller, George Rogers (KY) Poe (TX) YEAS—421 Sutton Bonner Harper Minnick Rogers (MI) Posey Tanner Bono Mack Hastings (WA) Abercrombie Costa Hinojosa Mitchell Rohrabacher Price (GA) Taylor Boozman Heller Ackerman Costello Hirono Mollohan Rooney Putnam Teague Boren Hensarling Aderholt Courtney Hodes Moore (KS) Ros-Lehtinen Radanovich Adler (NJ) Crenshaw Hoekstra Terry Boustany Herger Rehberg Moore (WI) Roskam Brady (TX) Hoekstra Akin Crowley Holden Moran (KS) Ross Thompson (CA) Reichert Alexander Cuellar Holt Thompson (MS) Bright Hunter Roe (TN) Murphy (CT) Rothman (NJ) Broun (GA) Inglis Altmire Culberson Hoyer Murphy (NY) Roybal-Allard Thompson (PA) Rogers (AL) Andrews Cummings Hunter Thornberry Brown (SC) Issa Rogers (KY) Murphy, Patrick Royce Brown-Waite, Jenkins Arcuri Dahlkemper Inglis Tiahrt Rogers (MI) Murphy, Tim Ruppersberger Ginny Jones Austria Davis (AL) Inslee Murtha Rush Tiberi Rohrabacher Buchanan Jordan (OH) Baca Davis (CA) Israel Myrick Ryan (OH) Tierney Rooney Burgess King (IA) Bachmann Davis (IL) Issa Nadler (NY) Ryan (WI) Titus Ros-Lehtinen Burton (IN) King (NY) Bachus Davis (KY) Jackson (IL) Napolitano Salazar Tonko Roskam Buyer Kingston Baird Davis (TN) Jackson-Lee Neal (MA) Sa´ nchez, Linda Towns Royce Calvert Kirk Baldwin Deal (GA) (TX) Nunes T. Turner Ryan (WI) Camp Kline (MN) Barrett (SC) DeFazio Jenkins Nye Sanchez, Loretta Upton Scalise Barrow DeGette Johnson (GA) Campbell Kratovil Obey Sarbanes Van Hollen Schmidt Bartlett Delahunt Johnson (IL) Cantor Kucinich Olson Scalise Vela´ zquez Schock Barton (TX) DeLauro Johnson, E.B. Cao Lamborn Olver Schakowsky Visclosky Sensenbrenner Bean Dent Jones Capito Lance Ortiz Schauer Walden Carter Latham Sessions Becerra Diaz-Balart, L. Jordan (OH) Pallone Schiff Shadegg Berkley Diaz-Balart, M. Kagen Walz Cassidy LaTourette Pascrell Schmidt Wamp Castle Latta Shimkus Berman Dicks Kanjorski Pastor (AZ) Schock Shuler Berry Dingell Kennedy Wasserman Chaffetz Lee (NY) Paul Schrader Schultz Childers Lewis (CA) Shuster Biggert Doggett Kildee Paulsen Scott (GA) Waters Coble Linder Simpson Bilbray Donnelly (IN) Kilpatrick (MI) Payne Scott (VA) Watson Coffman (CO) LoBiondo Smith (NE) Bilirakis Doyle Kilroy Pence Sensenbrenner Watt Cole Lucas Smith (NJ) Bishop (GA) Dreier Kind Perlmutter Serrano Conaway Luetkemeyer Smith (TX) Bishop (NY) Driehaus King (IA) Perriello Sessions Waxman Crenshaw Lummis Souder Bishop (UT) Duncan King (NY) Peters Sestak Weiner Culberson Lungren, Daniel Stearns Blackburn Edwards (MD) Kingston Peterson Shadegg Welch Davis (KY) E. Sullivan Blumenauer Edwards (TX) Kirk Petri Shea-Porter Westmoreland Deal (GA) Mack Taylor Blunt Ehlers Kirkpatrick (AZ) Pingree (ME) Sherman Wexler Dent Manzullo Teague Boccieri Ellison Kissell Pitts Shimkus Whitfield Diaz-Balart, L. Marchant Terry Boehner Ellsworth Kline (MN) Platts Shuler Wilson (OH) Diaz-Balart, M. McCarthy (CA) Thompson (PA) Bonner Emerson Kosmas Poe (TX) Shuster Wilson (SC) Donnelly (IN) McCaul Thornberry Bono Mack Engel Kratovil Polis (CO) Simpson Wittman Dreier McClintock Tiahrt Boozman Eshoo Kucinich Pomeroy Sires Wolf Duncan McCotter Tiberi Boren Etheridge Lamborn Posey Skelton Woolsey Ehlers McHenry Turner Boswell Fallin Lance Price (GA) Slaughter Wu Ellsworth McIntyre Upton Boucher Farr Langevin Price (NC) Smith (NE) Yarmuth Emerson McKeon Walden Boustany Fattah Larsen (WA) Putnam Smith (NJ) Young (AK) Fallin McMorris Wamp Boyd Filner Larson (CT) Quigley Smith (TX) Young (FL) Flake Rodgers Westmoreland Brady (PA) Flake Latham Fleming Melancon Whitfield Brady (TX) Fleming LaTourette NOT VOTING—11 Forbes Mica Wilson (SC) Braley (IA) Forbes Latta Carney Klein (FL) Oberstar Bright Fortenberry Lee (CA) Fortenberry Miller (FL) Wittman Honda Maloney Schwartz Broun (GA) Foster Lee (NY) Foxx Miller (MI) Wolf Johnson, Sam Moran (VA) Tsongas Franks (AZ) Miller, Gary Young (AK) Brown (SC) Foxx Levin Kaptur Neugebauer Frelinghuysen Moran (KS) Young (FL) Brown, Corrine Frank (MA) Lewis (CA) Brown-Waite, Franks (AZ) Lewis (GA) NOT VOTING—10 Ginny Frelinghuysen Linder b 1201 Capps Kaptur Rodriguez Buchanan Fudge Lipinski So (two-thirds being in the affirma- Burgess Gallegly LoBiondo Carney Maloney Tsongas tive) the rules were suspended and the Johnson (GA) Neugebauer Burton (IN) Garrett (NJ) Loebsack Johnson, Sam Oberstar Butterfield Gerlach Lofgren, Zoe resolution was agreed to. Buyer Giffords Lowey The result of the vote was announced Calvert Gingrey (GA) Lucas b 1153 Camp Gohmert Luetkemeyer as above recorded. So the resolution, as amended, was Campbell Gonzalez Luja´ n A motion to reconsider was laid on Cantor Goodlatte Lummis the table. agreed to. Cao Gordon (TN) Lungren, Daniel The result of the vote was announced Capito Granger E. f as above recorded. Capps Graves Lynch A motion to reconsider was laid on Capuano Grayson Mack Cardoza Green, Al Maffei PROCLAIMING CASIMIR PULASKI the table. Carnahan Green, Gene Manzullo TO BE AN HONORARY CITIZEN Carson (IN) Griffith Marchant OF THE UNITED STATES POST- f Carter Grijalva Markey (CO) Cassidy Guthrie Markey (MA) HUMOUSLY RECOGNIZING THE CONTRIBUTION Castle Gutierrez Marshall The SPEAKER pro tempore. The un- OF COUNTRY MUSIC TO AMER- Castor (FL) Hall (NY) Massa finished business is the vote on the mo- ICAN LIFE AND CULTURE Chaffetz Hall (TX) Matheson Chandler Halvorson Matsui tion to suspend the rules and pass the The SPEAKER pro tempore. The un- Childers Hare McCarthy (CA) joint resolution, H.J. Res. 26, on which finished business is the vote on the mo- Chu Harman McCarthy (NY) the yeas and nays were ordered. Clarke Harper McCaul tion to suspend the rules and agree to Clay Hastings (FL) McClintock The Clerk read the title of the joint the resolution, H. Res. 650, on which Cleaver Hastings (WA) McCollum resolution. the yeas and nays were ordered. Clyburn Heinrich McCotter The SPEAKER pro tempore. The Coble Heller McDermott The Clerk read the title of the resolu- Coffman (CO) Hensarling McGovern question is on the motion offered by tion. Cohen Herger McHenry the gentleman from New York (Mr. The SPEAKER pro tempore. The Cole Herseth Sandlin McIntyre WEINER) that the House suspend the question is on the motion offered by Conaway Higgins McKeon rules and pass the joint resolution, H.J. Connolly (VA) Hill McMahon the gentleman from Colorado (Mr. Conyers Himes McMorris Res. 26. POLIS) that the House suspend the Cooper Hinchey Rodgers This will be a 5-minute vote.

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.006 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11126 CONGRESSIONAL RECORD — HOUSE October 8, 2009 The vote was taken by electronic de- Mitchell Rodriguez Space Austria Dicks Kirkpatrick (AZ) vice, and there were—yeas 422, nays 0, Mollohan Roe (TN) Speier Baca Dingell Kissell Moore (KS) Rogers (AL) Spratt Bachmann Doggett Klein (FL) not voting 10, as follows: Moore (WI) Rogers (KY) Stark Bachus Donnelly (IN) Kline (MN) Moran (KS) Rogers (MI) [Roll No. 767] Stearns Baird Doyle Kosmas Murphy (CT) Rohrabacher Stupak Baldwin Dreier Kratovil YEAS—422 Murphy (NY) Rooney Sullivan Barrett (SC) Driehaus Kucinich Murphy, Patrick Ros-Lehtinen Sutton Barrow Duncan Lamborn Ackerman Cuellar Inslee Murphy, Tim Roskam Tanner Bartlett Edwards (MD) Lance Aderholt Culberson Israel Murtha Ross Taylor Barton (TX) Edwards (TX) Langevin Adler (NJ) Cummings Issa Myrick Rothman (NJ) Bean Ehlers Larsen (WA) Akin Dahlkemper Jackson (IL) Teague Nadler (NY) Roybal-Allard Becerra Ellison Larson (CT) Alexander Davis (AL) Jackson-Lee Terry Napolitano Royce Berkley Ellsworth Latham Altmire Davis (CA) (TX) Thompson (CA) Neal (MA) Ruppersberger Berman Emerson LaTourette Andrews Davis (IL) Jenkins Thompson (MS) Nunes Rush Berry Engel Latta Arcuri Davis (KY) Johnson (GA) Thompson (PA) Nye Ryan (OH) Biggert Eshoo Lee (CA) Austria Davis (TN) Johnson (IL) Thornberry Oberstar Ryan (WI) Bilbray Etheridge Lee (NY) Baca Deal (GA) Johnson, E.B. Tiahrt Obey Salazar Bilirakis Fallin Levin Bachmann DeFazio Jones Tiberi Olson Sa´ nchez, Linda Bishop (GA) Farr Lewis (CA) Bachus DeGette Jordan (OH) Tierney Olver T. Bishop (NY) Fattah Lewis (GA) Baird Delahunt Kagen Titus Ortiz Sanchez, Loretta Bishop (UT) Filner Linder Baldwin DeLauro Kanjorski Pallone Sarbanes Tonko Barrett (SC) Dent Kennedy Towns Blackburn Flake Lipinski Pascrell Scalise Blumenauer Fleming LoBiondo Barrow Diaz-Balart, L. Kildee Pastor (AZ) Schakowsky Turner Bartlett Diaz-Balart, M. Kilpatrick (MI) Upton Blunt Forbes Loebsack Paul Schauer Boccieri Fortenberry Lofgren, Zoe Barton (TX) Dicks Kilroy Paulsen Schiff Van Hollen Bean Dingell Kind Vela´ zquez Boehner Foster Lowey Payne Schmidt Bonner Foxx Lucas Becerra Doggett King (IA) Pence Schrader Visclosky Berkley Donnelly (IN) King (NY) Walden Bono Mack Frank (MA) Luetkemeyer Perlmutter Schwartz Boozman Franks (AZ) Luja´ n Berman Doyle Kingston Perriello Scott (GA) Walz Berry Dreier Kirk Wamp Boren Frelinghuysen Lummis Peters Scott (VA) Boswell Fudge Lungren, Daniel Biggert Driehaus Kirkpatrick (AZ) Peterson Sensenbrenner Wasserman Boucher Gallegly E. Bilbray Duncan Kissell Petri Serrano Schultz Boustany Garrett (NJ) Lynch Bilirakis Edwards (MD) Klein (FL) Pingree (ME) Sessions Waters Boyd Gerlach Mack Bishop (GA) Edwards (TX) Kline (MN) Pitts Sestak Watson Brady (PA) Giffords Maffei Bishop (NY) Ehlers Kosmas Platts Shadegg Watt Brady (TX) Gingrey (GA) Manzullo Bishop (UT) Ellison Kratovil Poe (TX) Shea-Porter Waxman Braley (IA) Gohmert Marchant Blackburn Ellsworth Kucinich Polis (CO) Sherman Weiner Bright Gonzalez Markey (CO) Blumenauer Emerson Lamborn Pomeroy Shimkus Welch Broun (GA) Goodlatte Markey (MA) Blunt Engel Lance Posey Shuler Westmoreland Brown (SC) Gordon (TN) Massa Boccieri Eshoo Langevin Price (GA) Shuster Wexler Brown, Corrine Granger Matheson Boehner Etheridge Larsen (WA) Price (NC) Simpson Whitfield Matsui Bonner Fallin Larson (CT) Putnam Sires Wilson (OH) Brown-Waite, Graves Bono Mack Farr Latham Quigley Skelton Wilson (SC) Ginny Grayson McCarthy (CA) Boozman Fattah LaTourette Radanovich Slaughter Wittman Buchanan Green, Al McCaul Boren Filner Latta Rahall Smith (NE) Wolf Burgess Green, Gene McClintock Boswell Flake Lee (CA) Rangel Smith (NJ) Woolsey Burton (IN) Griffith McCollum Boucher Fleming Lee (NY) Rehberg Smith (TX) Wu Butterfield Grijalva McCotter Boustany Forbes Levin Reichert Smith (WA) Yarmuth Buyer Guthrie McDermott Boyd Fortenberry Lewis (CA) Reyes Snyder Young (AK) Calvert Gutierrez McGovern Brady (PA) Foster Lewis (GA) Richardson Souder Young (FL) Camp Hall (NY) McHenry Brady (TX) Foxx Linder Campbell Hall (TX) McIntyre Braley (IA) Frank (MA) Lipinski NOT VOTING—10 Cantor Halvorson McKeon Cao Hare McMahon Bright Franks (AZ) LoBiondo Abercrombie Kaptur Schock Broun (GA) Frelinghuysen Loebsack Capito Harman McMorris Carney Maloney Tsongas Capps Harper Rodgers Brown (SC) Fudge Lofgren, Zoe Hinojosa Moran (VA) Capuano Hastings (FL) McNerney Brown, Corrine Gallegly Lowey Johnson, Sam Neugebauer Brown-Waite, Garrett (NJ) Lucas Cardoza Hastings (WA) Meek (FL) Ginny Gerlach Luetkemeyer b 1208 Carnahan Heinrich Meeks (NY) Buchanan Giffords Luja´ n Carson (IN) Heller Melancon Burgess Gingrey (GA) Lummis So (two-thirds being in the affirma- Carter Hensarling Mica Burton (IN) Gohmert Lungren, Daniel tive) the rules were suspended and the Cassidy Herger Michaud Butterfield Gonzalez E. Castle Herseth Sandlin Miller (FL) Buyer Goodlatte Lynch joint resolution was passed. Castor (FL) Higgins Miller (MI) Calvert Gordon (TN) Mack The result of the vote was announced Chaffetz Hill Miller (NC) Camp Granger Maffei as above recorded. Chandler Himes Miller, Gary Campbell Graves Manzullo Childers Hinchey Miller, George Cantor Grayson Marchant A motion to reconsider was laid on Chu Hinojosa Minnick Cao Green, Al Markey (CO) the table. Clarke Hirono Mitchell Capito Green, Gene Markey (MA) Clay Hodes Mollohan Capps Griffith Marshall f Cleaver Hoekstra Moore (KS) Capuano Grijalva Massa Clyburn Holden Moore (WI) Cardoza Guthrie Matheson SERVICE MEMBERS HOME Coble Holt Moran (KS) Carnahan Gutierrez Matsui OWNERSHIP TAX ACT OF 2009 Coffman (CO) Honda Murphy (CT) Carson (IN) Hall (NY) McCarthy (CA) Cohen Hoyer Murphy (NY) Carter Hall (TX) McCarthy (NY) The SPEAKER pro tempore. The un- Cole Hunter Murphy, Patrick Cassidy Halvorson McCaul finished business is the vote on the mo- Conaway Inglis Murphy, Tim Castle Hare McClintock tion to suspend the rules and pass the Connolly (VA) Inslee Myrick Castor (FL) Harman McCollum Cooper Israel Nadler (NY) Chaffetz Harper McCotter bill, H.R. 3590, on which the yeas and Costa Issa Napolitano Chandler Hastings (FL) McDermott nays were ordered. Costello Jackson (IL) Neal (MA) Childers Hastings (WA) McGovern The Clerk read the title of the bill. Courtney Jackson-Lee Nunes Chu Heinrich McHenry The SPEAKER pro tempore. The Crenshaw (TX) Nye Clarke Heller McIntyre Crowley Jenkins Oberstar Clay Hensarling McKeon question is on the motion offered by Culberson Johnson (GA) Obey Cleaver Herger McMahon the gentleman from Oregon (Mr. Cummings Johnson (IL) Olson Clyburn Herseth Sandlin McMorris BLUMENAUER) that the House suspend Dahlkemper Johnson, E. B. Olver Coble Higgins Rodgers Davis (AL) Jones Ortiz Coffman (CO) Hill McNerney the rules and pass the bill, H.R. 3590. Davis (CA) Jordan (OH) Pallone Cohen Himes Meek (FL) This will be a 5-minute vote. Davis (IL) Kagen Pascrell Cole Hinchey Meeks (NY) The vote was taken by electronic de- Davis (KY) Kanjorski Pastor (AZ) Conaway Hirono Melancon vice, and there were—yeas 416, nays 0, Davis (TN) Kennedy Paul Connolly (VA) Hodes Mica Deal (GA) Kildee Paulsen Conyers Hoekstra Michaud not voting 16, as follows: DeFazio Kilpatrick (MI) Payne Cooper Holden Miller (FL) [Roll No. 768] DeGette Kilroy Pence Costa Holt Miller (MI) Delahunt Kind Perlmutter Costello Honda Miller (NC) YEAS—416 DeLauro King (IA) Perriello Courtney Hoyer Miller, Gary Abercrombie Adler (NJ) Altmire Dent King (NY) Peters Crenshaw Hunter Miller, George Ackerman Akin Andrews Diaz-Balart, L. Kingston Peterson Crowley Inglis Minnick Aderholt Alexander Arcuri Diaz-Balart, M. Kirk Petri

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.024 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11127 Pitts Schakowsky Thompson (CA) b 1215 member, my good friend, BUCK Platts Schauer Thompson (MS) MCKEON, the gentleman from Cali- Poe (TX) Schiff Thompson (PA) POINT OF ORDER Polis (CO) Schmidt Thornberry Mr. PRICE of Georgia. Mr. Speaker, I fornia, our partners in the Senate, Sen- Pomeroy Schock Tiahrt raise a point of order against H.R. 2647. ator CARL LEVIN and Senator JOHN Posey Schrader Tiberi MCCAIN, and all the conferees from the Price (GA) Schwartz The SPEAKER pro tempore. The gen- Tierney Armed Services and 13 other commit- Price (NC) Scott (GA) Titus tleman will state his point of order. Putnam Scott (VA) Tonko Mr. PRICE of Georgia. Pursuant to tees who have made this conference re- Quigley Sensenbrenner Towns port a reality. Rahall Serrano clause 10 of rule XXII that states that Turner Mr. MCKEON, brand new as ranking Rangel Sessions nongermane items may not be included Upton member of our committee, hit the Rehberg Sestak Van Hollen in conference reports and that this bill Reichert Shadegg Vela´ zquez contains a nongermane item in the ground running and has done yeoman’s Reyes Shea-Porter Visclosky work, and I particularly wish to single Richardson Sherman hate crimes legislation that was in- Walden Rodriguez Shimkus him out and express my appreciation Walz cluded in it, I raise a point of order Roe (TN) Shuler for the work he has done to help bring Wamp against H.R. 2647. Rogers (AL) Shuster Wasserman this to the floor. Rogers (KY) Simpson The SPEAKER pro tempore. Pursu- Schultz Mr. Speaker, this bill has a base of Rogers (MI) Sires ant to House Resolution 808, all points Waters $550 billion for the United States mili- Rohrabacher Skelton of order against the conference report Rooney Slaughter Watson tary. This has $130 billion for the wars Watt are waived. Ros-Lehtinen Smith (NE) in Afghanistan and in Iraq, which total Roskam Smith (NJ) Waxman PARLIAMENTARY INQUIRY Weiner $680 billion. Ross Smith (WA) Mr. PRICE of Georgia. Mr. Speaker, Rothman (NJ) Snyder Welch Mr. Speaker, we are at war. This is a Roybal-Allard Souder Westmoreland parliamentary inquiry. deadly serious moment in this body. Royce Space Wexler The SPEAKER pro tempore. The gen- This bill is critical for national secu- Ruppersberger Spratt Whitfield tleman will state his parliamentary in- Wilson (OH) rity, and I am pleased to say this bill Rush Stark quiry. Ryan (OH) Stearns Wilson (SC) gets it right. Ryan (WI) Stupak Wittman Mr. PRICE of Georgia. Mr. Speaker, The conference report provides sev- Salazar Sullivan Wolf many Members have grave concerns eral major victories for our troops and Sa´ nchez, Linda Sutton Woolsey about the thought-crimes legislation T. Tanner Wu their families, and the bill strikes a Sanchez, Loretta Taylor Yarmuth that’s included in H.R. 2647. Is there right balance between our focus on the Sarbanes Teague Young (AK) any way for any Member to gain a sep- immediate fights in Afghanistan and Scalise Terry Young (FL) arate vote on the thought-crimes legis- Iraq and the long-term needs of our NOT VOTING—16 lation included in H.R. 2647 under the military. Carney Marshall Radanovich rule? The vast majority of this bill has bi- Conyers McCarthy (NY) Smith (TX) The SPEAKER pro tempore. A con- partisan support. The bill provides al- Cuellar Moran (VA) Speier ference report is considered as a whole. most $20 billion combined for Army Johnson, Sam Murtha Tsongas Kaptur Neugebauer Mr. PRICE of Georgia. Mr. Speaker, and Marine Corps reset and equipment Maloney Pingree (ME) further parliamentary inquiry. shortfalls in the Guard and Reserves. It The SPEAKER pro tempore. The gen- b 1215 has $550 million for Army barracks and tleman will state his parliamentary in- Guard and Reserve infrastructure. To So (two-thirds being in the affirma- quiry. boost readiness and reduce the strain tive) the rules were suspended and the Mr. PRICE of Georgia. Mr. Speaker, on our forces, the bill increases the size bill was passed. because thought-crimes legislation is of the military all across four services The result of the vote was announced included in H.R. 2647, is there any rem- as above recorded. and authorizes an additional 30,000 edy that a Member of the House has for Army troops in fiscal years 2011 and A motion to reconsider was laid on gaining access to have a separate vote the table. 2012. on the thought-crimes legislation? This bill reflects our effort to recog- Stated for: The SPEAKER pro tempore. A con- Mr. CUELLAR. Mr. Speaker, on rollcall No. nize 2009 as the Year of the Military ference report is considered as a whole. Family by providing a 3.4 percent pay 768, had I been present, I would have voted Mr. PRICE of Georgia. I thank the ‘‘yea.’’ raise for all servicemembers. The bill Speaker. also extends the authority of the De- f The SPEAKER pro tempore. Pursu- fense Department to offer bonuses and CONFERENCE REPORT ON H.R. 2647, ant to House Resolution 808, all points incentive pay. It expands TRICARE NATIONAL DEFENSE AUTHORIZA- of order against the conference report health coverage. It prohibits fee in- TION ACT FOR FISCAL YEAR 2010 are waived. creases on TRICARE inpatient care for Mr. SKELTON. Mr. Speaker, pursu- The gentleman from Missouri (Mr. a year, provides for $2.2 billion for fam- ant to House Resolution 808, I call up SKELTON) and the gentleman from Cali- ily housing programs and improves the the conference report on the bill (H.R. fornia (Mr. MCKEON) each will control benefits available to wounded warriors. 2647) to authorize appropriations for 30 minutes. To ensure our strategy in Afghani- fiscal year 2010 for military activities The Chair recognizes the gentleman stan and neighboring Pakistan is effec- of the Department of Defense, for mili- from Missouri. tive, this bill requires the President to tary construction, and for defense ac- GENERAL LEAVE assess U.S. efforts and report on the tivities of the Department of Energy, Mr. SKELTON. Mr. Speaker, I ask progress. The bill authorizes funds to to prescribe military personnel unanimous consent that all Members train and equip the Afghan National strengths for such fiscal year, to pro- have 5 legislative days in which to re- Security Forces and authorize the vide special pays and allowances to vise and extend their remarks on the Pakistan Counterinsurgency Fund. The certain members of the Armed Forces, conference report currently under con- bill improves accountability and over- expand concurrent receipt of military sideration. sight of U.S. assistance. The bill also retirement and VA disability benefits The SPEAKER pro tempore. Is there requires the Secretary of Defense to to disabled military retirees, and for objection to the request of the gen- submit a report on the responsible re- other purposes, and ask for its imme- tleman from Missouri? deployment of U.S. forces out of Iraq. diate consideration. There was no objection. On acquisition reform, the con- The Clerk read the title of the bill. Mr. SKELTON. I yield myself such ference report supports the plan to in- The SPEAKER pro tempore. Pursu- time as I may consume. crease the size of the acquisition work- ant to House Resolution 808, the con- Mr. Speaker, I am pleased to bring force and reduce reliance on contrac- ference report is considered read. before the House the conference report tors for acquisition functions. (For conference report and state- on H.R. 2647, the National Defense Au- It eliminates waste, fraud, and abuse ment, see proceedings of the House of thorization Act for fiscal year 2010. I through better contract oversight. The October 7, 2009, at page H10565.) especially want to thank my ranking bill also repeals the National Security

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.001 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11128 CONGRESSIONAL RECORD — HOUSE October 8, 2009 Personnel System, returning employ- SKELTON for shepherding this bill Mr. Speaker, as Members of Con- ees to the general schedule over 2 years through the conference process. IKE, gress, we owe our soldiers, sailors, air- while providing additional flexibility you’ve done a remarkable job. men, and marines the very best avail- for hiring and personnel management. As most of you in the Chamber know, able equipment, training, and support The conference agreement prohibits this conference report contains hate in order to provide them with the best the release of Guantanamo Bay detain- crimes legislation. This is anathema to possible tools to undertake their mis- ees into the United States, its terri- me. I am opposed to hate crimes legis- sion. The provisions in this bill go a tories and possessions, and restricts de- lation, and I am especially opposed to considerable way in demonstrating this tainee transfers until after the Presi- the procedure of putting it on a De- support. In particular, the House provi- dent has submitted a plan to Congress. fense bill—especially in time of war, sion prevailed in a couple of critical The conference report revises the using our troops to get this legislation areas. Military Commissions Act to make passed. It’s not germane to the work of This bill funds the alternate engine military commissions fair and effective the committee and needlessly intro- for the Joint Strike Fighter, provides and ensure that convictions stick. duces a partisan matter in an other- $430 million in RDT&E for continued Let me briefly address two difficult wise bipartisan bill. development of the F136 engine, and aspects of the conference report. I’ve consistently opposed the passage provides $130 million for F136 engine First, I am disappointed, and so very of hate crimes legislation personally, procurement. Finally, the conference disappointed, that we were not able to and I continue to oppose it today. Un- report includes a multi-year procure- retain the House’s provision imple- fortunately, congressional Democrats ment contract for additional F–18s. menting the President’s proposal on made the political decision to attach As a Nation, we owe more than our concurrent receipt for disabled mili- the hate crimes legislation to this bill. gratitude to the brave men and women tary retirees. The Armed Services I oppose, as I said, using the men and in uniform and their families, past and Committee fought hard with the assist- women of the military as a leverage to present, for the sacrifices they make to ance of our leadership and many other pass this partisan legislation. protect our freedom. I am pleased that committees to pay for that proposal. What should have been included in this legislation includes a 3.4 percent The Senate’s budget rules, however, the bill is concurrent receipts. The pay raise, which is a half percentage would not support a solution. And I House bill included a one-year expan- point above the President’s request. We urge the President to work with us in sion of concurrent receipts of military also increase active duty end strength a way to pay for this, which will meet disability retired pay and veterans’ dis- by 55,227 over fiscal year 2009 levels. the budgetary rules of both the House ability compensation for our medically This is essential for easing the burden and the Senate. retired veterans. The House provision on our current forces. Finally, regarding the Hate Crimes should have prevailed over the Senate b 1230 Prevention Act, I have said several procedural hurdles. We owe this to our times that I would have preferred it to veterans. I’m pleased that this conference re- have been enacted as a stand-alone bill, Though flawed, this bill has my support prohibits any increases to not on this Defense bill. But it’s impor- port. TRICARE Prime and TRICARE Stand- tant to note that the conferees in- This conference report authorizes ard health care fees. Finally, the bill cluded important sentencing guidelines over $550 billion in budget authority increases from $500 to $1,100 the max- for crimes against military service- for the Department of Defense and the imum monthly supplemental subsist- members and added protections for the national security programs of the De- ence allowance paid by DOD to low-in- first amendment rights of preachers partment of Energy. Additionally, the come members with dependents, so and ministers to that bill. legislation authorizes over $129 billion that military members need not rely I might add, Mr. Speaker, that the in supplemental funding to support op- on food stamps. Senate passed its version of the bill erations in Iraq, Afghanistan, and else- In closing, Mr. Speaker, I want to say with the hate crimes provision by a where in the global war on terror. to my fellow Republicans, I understand vote of 87–7, which is a strong bipar- This bill rightfully acknowledges your opposition to the inclusion of tisan vote in the United States Senate. that the United States has a vital na- hate crimes in the Defense authoriza- Whatever one’s position on hate tional security interest in ensuring tion bill. I committed to each of you crimes, I believe that the enormous that Afghanistan does not once again that this vote should be a vote of con- good done in this legislation merits its become a safe haven for terrorists and science, and I understand you’re on the support by every Member of the House. supports a comprehensive counterin- horns of a dilemma. I understand your Mr. Speaker, we are at war. We surgency strategy that is adequately opposition to hate crimes, and I under- should support the troops. We should resourced and funded by Congress. stand this terrible position you’ve been support their families. We should make The conference report supports our put in. But I know that if you vote sure that they have the finest equip- strategy in Afghanistan in a number of against this bill because of the hate ment and training possible. That’s ways. The bill authorizes $1.3 billion crimes legislation, it does not diminish what this bill does. This bill will sup- for the Commander’s Emergency Re- in any way your support of the troops port our troops in the field and their sponse Program, which is unique au- and the men and women in our Armed families at home and meet our Nation’s thority critical to implementing Gen- Forces. immediate military requirements and eral McChrystal’s counterinsurgency When I became ranking member of preserve the ability to deter and re- operations. Additionally, the con- the Armed Services Committee, I made spond to future threats. ference report authorizes $7.4 billion a commitment to each of you and our I urge the House to vote for this con- for the Afghan Security Forces Fund. men and women in uniform and their ference report and move it to the Presi- These funds are the key to increasing families that I would do everything in dent’s desk as soon as possible. the size and professionalism of the Af- my power to provide our soldiers, sail- I reserve the balance of my time. ghan National Security Forces. ors, airmen and marines with the sup- Mr. MCKEON. Mr. Speaker, as legis- Finally, this bill reauthorizes expired port they desperately need and deserve. lators, we meet once again to address a DOD contingency construction author- As the ranking member of the Armed wide range of important national secu- ity to rapidly authorize and build fa- Services Committee, so long as Amer- rity activities undertaken by the De- cilities needed to support the war in ica’s sons and daughters are under fire partments of Defense and Energy. Afghanistan. in combat, fighting for our country, I We all take our legislative respon- With respect to Iraq, the report en- have the obligation to support them sibilities very seriously. This is espe- sures that the Congress will support first above everything else. cially true during a time of war, and the President’s plan to redeploy com- Mr. Speaker, I reserve the balance of it’s always true of my good friend and bat forces while providing our com- my time. colleague, Armed Services Committee manders on the ground the flexibility Mr. SKELTON. Mr. Speaker, I com- Chairman IKE SKELTON, the gentleman to hold hard-fought security gains and mend the gentleman from California from Missouri. I commend Chairman to ensure the safety of our forces. (Mr. MCKEON) for his straightforward

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.029 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11129 commitment to the young men and vital bill. I also thank the staff mem- I’m proud to speak for this bill which women in American uniform. At this bers who serve us so well. Thank you, continues our commitment to our men time I yield 3 minutes to my colleague, thank you. and women in uniform and their dedi- my friend, the chairman of the Sub- Overall, this is an excellent con- cated families. I want to recognize the committee on Readiness, the gen- ference report. That is why I’m ap- ranking member on the subcommittee, tleman from Texas (Mr. ORTIZ). palled that my colleagues would vio- Representative JOE WILSON, for his Mr. ORTIZ. Mr. Speaker, I rise in late House rules and pervert this an- support and assistance. support of the conference report for nual national military strategy bill by Mr. Speaker, I would also like to rec- H.R. 2647, the National Defense Author- including the totally unrelated par- ognize the chairman of the House ization Act for Fiscal Year 2010. This tisan Senate amendment. With deep re- Armed Services Committee, IKE SKEL- is, my friends, a very, very good bill; gret, I resolutely urge my colleagues to TON, and the ranking member, BUCK and we cannot ignore the fact that we vote ‘‘no’’ on this conference report. MCKEON, for their leadership. These are fighting two wars. We’re fighting a I’ve dedicated almost 40 years to pro- gentlemen exercised extraordinary di- war in Afghanistan and a war in Iraq. tecting the lives of the men and women rection in order to complete another The conference report before us today who serve in our military. For 20 years solid Defense authorization bill. I urge reflects our efforts to strengthen the I invented and worked on defense my colleagues in the House to vote for readiness posture of our Armed Forces. projects to provide them lifesaving this conference report as it provides It authorizes a total of $244.5 billion for equipment, including 19 military pat- vital, and I mean vital, support for the operations and maintenance, including ents. armed services during this time of con- $4.7 billion for Army training, $13 bil- I’ve been honored to serve for 17 flict and especially for their families, lion for Army and Marine Corps equip- years on the Armed Services Com- their families, who face the daily stress ment reset, and $255.3 million for pre- mittee with colleagues who have and strains of 8 years of war. positioned stocks. worked tirelessly to achieve our bipar- Let me highlight a few of the impor- The conference report adds $70 mil- tisan goals of providing rules and tant programs and policies in the con- lion to address Navy aviation depot equipment so that our soldiers, airmen, ference report which reflect that this maintenance. It provides $350 million marines, sailors, and the civilians who has been deemed the year of the mili- to replace rundown Army barracks, support them will succeed in their mis- tary family. The bill provides for a 3.4 and adds $200 million for National sions and return home safe. percent pay raise. It makes mandatory Guard and Reserve construction There isn’t time to review all provi- face-to-face mental health screening projects. It funds the 2005 BRAC ac- sions, but highlights of the Air and for all returning servicemembers. To count at $7.4 billion and adds $100 mil- Land Forces portions which I worked help schools with large enrollments of lion to address the environmental on so hard with Chairman ABER- military children, it provides $30 mil- issues at bases closed prior to 2005. CROMBIE include 30 F–35 aircraft and an lion for Impact Aid, as well as funds to The conference report expands the increase of $430 million in research and assist military children with severe Homeowners Assistance Program and development for continued F136 engine disabilities. provides $300 million to help ensure development and $130 million for F136 To that end, it also establishes an Of- that servicemembers who were forced engine procurement; an additional $600 fice of Community Support for Mili- to move during the real estate down- million, for a total of $6.9 billion to retary Families with Special Needs. The turn are not severely affected finan- duce equipment shortfalls in our Na- report expands TRICARE eligibility cially. The conference report supports tional Guard and Reserves; inclusion of when it comes to dental programs and energy security by authorizing $12.3 my proposed requirements for DOD to provides TRICARE for Reservists million for energy conservation establish specific budget line items called to duty 180 days before they re- projects on military installations and within the procurement and research, activate. It also allows Reserve retirees programs that enable the Defense De- development, test and evaluation ac- and their families to buy into partment to reduce energy used during counts for body armor. TRICARE Standard coverage, and it times of peak demand. This will improve accountability, in- prohibits an increase in TRICARE fees The conference report repeals the crease transparency, as well as facili- for inpatient care for 1 year. NSPS and transitions DOD civilian em- tate the advancement of lighter weight To reduce the strain on our forces, ployees back to the General Schedule technologies. $6.7 billion for Mine Re- the conference report authorizes an ad- by January 1, 2012. At the same time, it sistant Ambush Protected vehicles, $1.2 ditional end-strength increase for the provides the Department flexibilities billion above the President’s request. Army for 2010 and makes further in- to ensure efficient hiring and effective $2.45 billion for the President’s request creases possible. It also sets up a pro- personnel management. The conference for Future Combat Systems commu- gram to account for missing persons report allows FERS employees to re- nications network and spin-out equip- from conflicts beginning with World ceive credit for unused sick leave to- ment sets expected to continue as sepa- War II. ward their retirement annuity. It pro- rate programs in fiscal year 2010. Mr. Speaker, we have a moral and vides locality pay for Federal workers I would like to especially thank constitutional responsibility to ensure in Hawaii, Alaska and the United Chairman ABERCROMBIE for his leader- that those who volunteer to defend our States territories. ship and relentless efforts to ensure Nation have the training and equip- My friends, this is a good conference continued funding for the F–35 alter- ment they need to successfully execute report that reflects our bipartisan de- nate engine program. My unavoidable their mission. The bill before us recog- sire to improve readiness and balance and regrettable ‘‘no’’ vote is due solely nizes the sacrifices that those in uni- the many priorities of our military to the inclusion of this extraneous form, survivors, retirees and their fam- around the world and domestically. My amendment. It violates House rules. It ilies are making on behalf of our Na- friends, I urge you to support this bill. sets a dangerous precedent by includ- tion. It is a good bill and it gives our troops ing an extraneous and nongermane bill Mr. Speaker, before I yield back, I what they deserve and they need. in Congress’ annual national defense would also like to express my support Mr. MCKEON. I am happy to yield, at strategy and policy bill. for the inclusion of language to this time, to the gentleman from Mary- Mr. SKELTON. Mr. Speaker, I yield strengthen our Federal hate crime laws land, ranking member on the Air, Land 31⁄2 minutes to my friend, the chair- in this conference report. Hate crimes Subcommittee, Mr. BARTLETT, such woman of the Subcommittee on Mili- perpetuate and reinforce historic dis- time as he may consume. tary Personnel, the gentlelady from crimination and persecution against Mr. BARTLETT. Mr. Speaker, I want California (Mrs. DAVIS). particular groups. They are committed to thank my subcommittee chairman, Mrs. DAVIS of California. Mr. Speak- not simply to harm one particular vic- Mr. ABERCROMBIE, as well as HASC er, I rise in support of H.R. 2647, the tim, but to send a message of threat chairman IKE SKELTON and Ranking National Defense Authorization Act of and intimidation to others. Left un- Member BUCK MCKEON for their col- Fiscal Year 2010. As the chairwoman of checked, crimes of this kind threaten laborative leadership drafting this the Military Personnel Subcommittee, to unravel the very fabric of American

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.033 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11130 CONGRESSIONAL RECORD — HOUSE October 8, 2009 society that our servicemembers fight agreement on H.R. 2647, the 2010 Na- Finally, I urge my colleagues to sup- to protect. tional Defense Authorization Act. I’d port this important legislation. I, Mr. MCKEON. Mr. Speaker, I am like to personally thank Chairman again, thank Chairman SKELTON for his happy now to yield to the gentleman SKELTON for his outstanding leadership outstanding leadership on bringing this from Missouri (Mr. AKIN), ranking in bringing this bill to the floor and al- bill to the floor and shepherding it member on the Sea Power Sub- ways looking out for our troops, as he through the process. It clearly shows committee, 2 minutes. always has in the course of his career. that this Congress is clearly behind our Mr. AKIN. Mr. Speaker, the bill I also want to recognize the leadership Nation’s military and our warfighters. that’s before us today is a product of of Ranking Member MCKEON. Mr. MCKEON. I’m happy to yield, at hundreds and hundreds of hours of As chairman of the Strategic Forces this time, 11⁄2 minutes to our con- hearings, all kinds of work by Members Subcommittee, I’m proud of the provi- ference chairman, the gentleman from and staff, and by and large it’s a good sions this legislation includes to sus- Indiana (Mr. PENCE). product. It’s a political product. It has tain and modernize our strategic weap- (Mr. PENCE asked and was given per- trade-offs here and there to try to bal- ons systems. mission to revise and extend his re- ance one requirement against the In the area of nuclear weapons, the marks.) other; and it is, once again, a reflection conference agreement increases fund- Mr. PENCE. I thank the ranking of a committee that I have been hon- ing for the Stockpile Stewardship Pro- member for yielding, and I thank the ored to be able to serve on for 9 years, gram by $48.7 million and establishes ranking member and the distinguished a committee that has been largely bi- important new guidelines for nuclear chairman of this committee for their partisan, a committee that has focused weapons stewardship, including a new work on the defense elements of this on solving problems, defending our Na- Stockpile Management Program. The legislation, but I rise with a heavy tion, and supporting our troops. program clarifies that changes to the heart to express my opposition to the And in all of those regards, this bill U.S. nuclear weapons stockpile must be National Defense Authorization Act be- is fine, except for there is an elephant limited to sustaining current capabili- cause today’s vote isn’t just all about the room. The elephant in the room ties and requires that any changes use providing for the national defense. was an invention of the Senate. They weapons components that can be cer- Because of actions taken in the decided to put onto a bill that is fo- tified without nuclear testing. United States Senate, unrelated, divi- cused on supporting our troops their Now, regarding ballistic missile de- sive, liberal social policies have been own liberal social agenda of hate fense, this Congress has made this pro- added to this legislation in the form of crimes legislation. Now, they claim gram a priority. The conference agree- hate crimes. For that reason, I must they have the votes to pass that so why ment fully funds the administration’s oppose it. don’t they pass it somewhere else? In- request of $9.3 billion for missile de- The majority in this Congress and in stead, they put it on the backs of our fense programs. It authorizes $1.8 bil- the Senate has included hate crimes service men and women and expect to lion for Aegis Ballistic Missile Defense, provisions in this legislation that have use a blackmail kind of approach to adding $23 million for additional SM–3 nothing to do with our national defense have us, to dare us to vote against add- missiles, and authorizes $1.1 billion for and will threaten the very freedoms of ing something that’s totally extra- the Theater High Altitude Area De- speech and freedom of religion that neous to defense of this Nation on the fense system, or THAAD. These draws the American soldier into the backs of our service people. amounts reflect an increase in the uniform in the first place. Thomas Jef- A number of us are saying, as much funding for these proven systems by ferson said it best: ‘‘Legislative powers as we support our troops, as much as $900 million over the FY 2009 levels. should reach actions only and not opin- we support the hard work of this com- The bill also authorizes up to $309 ions.’’ mittee, we believe that this is a poison million for the recently announced Eu- The reality is that by expanding the pill, poisonous enough in fact that we ropean missile defense plan if the Sec- Federal definition of hate crimes, as refuse to be blackmailed into voting retary of Defense certifies that the sys- this legislation does, we will generate a for a piece of social agenda that has no tem is operationally effective and cost chilling effect on religious leaders in place in this bill. This is the kind of effective in providing protection for this country. Pastors, preachers, rab- shenanigans that makes the American Europe and the United States. bis, and imams will now hesitate to public irate. This is the kind of thing, Further, the bill includes over $1 bil- speak about the sexual traditions and like passing 300 pages of amendments lion to test, sustain, and improve the teachings of their faith for fear of at 3 in the morning, that makes the existing Ground-based Midcourse De- being found culpable under the aiding, public nauseous. fense system, and includes a provision abetting, or inducing provisions of cur- And I, for one, as much as I support requiring the Department to establish rent law, and that must not be. It is our troops, indeed, I even have a son a plan to maintain its operational ef- just simply wrong to use a bill that’s going to Afghanistan in 3 weeks, as fectiveness of the system over the designed to support our troops to erode much as I support him and the rest of course of its service life. the very freedoms for which they fight. our troops, I will not allow us to be Within the strategic intelligence pro- As a result, I urge my colleagues to blackmailed into voting for something grams, the conference agreement re- oppose this bill. totally extraneous on this bill; and quires the Department of Energy to de- Mr. SKELTON. Mr. Speaker, I yield 1 that’s the reason why I will not sup- velop a plan to ensure that our na- minute to my friend, a member of the port the bill. tional security laboratories have suffi- Committee on Armed Services, the Mr. SKELTON. I wish to remind my cient funding and technical abilities to gentlewoman from Guam (Ms. fellow Missourian that the United monitor, analyze, and evaluate foreign BORDALLO). States Senate voted for the Defense nuclear weapons activities and requires Ms. BORDALLO. Mr. Speaker, I rise bill with the inclusion of the section the Department of Defense to assess today to express my views on the final that he objects to by 87 votes to 7, a gaps in U.S. intelligence for foreign conference report on the National De- strong bipartisan vote. ballistic missile programs and prepare fense Authorization Act for Fiscal Year I now yield 3 minutes to my friend, a plan to ensure our intelligence cen- 2010. I want to thank Chairman SKEL- the chairman of the subcommittee on ters can sufficiently address these TON and Ranking Member MCKEON for Strategic Forces, Mr. LANGEVIN. shortfalls. working so closely with me on a com- Lastly, in addition to our national promise to H.R. 44, the Guam World b 1245 security priorities, I am pleased that War II Loyalty Recognition Act. I also (Mr. LANGEVIN asked and was given the Federal hate crimes legislation is want to thank Erin Conaton, Paul permission to revise and extend his re- included in this bill to allow law en- Arcangeli, Dave Sienicki, Eryn Robin- marks.) forcement to more aggressively pursue son, Vickie Plunkett, Julie Unmacht, Mr. LANGEVIN. I thank the gen- individuals who commit violent crimes and Andrew Hunter. tleman for yielding. Mr. Speaker, I rise that are motivated by a person’s reli- Unfortunately, I was disappointed in strong support of the conference gion, disability, or sexual orientation. that H.R. 44 was not included in the

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.034 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11131 final Defense authorization bill, but mind the gentleman from Virginia But that is not enough to keep me I’m confident that the commitments that, like him, I voted to send those from voting for funding the troops that made by the House and the Senate con- young men and women to Iraq and Af- serve our Nation so well, giving them ferees to hold hearings and to readdress ghanistan. With that vote came my the equipment they deserve. war claims in next year’s Defense bill commitment to equip them, to pay Mr. MCKEON. Mr. Speaker, I’m will be honored and that further debate them, to take care of their families happy to yield at this time 11⁄2 minutes on this important legislation will bring should something bad happen to them, to the ranking member on the Ter- us closer to finally passing this bill. to provide them with the very best rorism, Unconventional Threats and I, again, want to thank my col- equipment. Capabilities Subcommittee, the gen- leagues in the House who have sup- The one thing that every American tleman from Florida (Mr. MILLER). ported including H.R. 44: Speaker can agree on is we have the world’s Mr. MILLER of Florida. I thank the PELOSI, Majority Leader HOYER, Con- best Army. We have the world’s best gentleman for yielding. gressman LARSON of our caucus, Mem- Navy. We have the world’s best Marine Mr. Speaker, it is with great dis- bers across the aisle, and many others. Corps. We have the world’s best Air appointment and, really, sadness today Finally, Mr. Speaker, the conference Force. This bill keeps it that way. that I rise to inform my colleagues committee report has significant fund- I regret that the other body, by a that I, too, will be voting against the ing commitments for the military vote of 87–7, put some language in Defense authorization conference re- buildup, and I thank the committee for there that should never be in this bill. port. As the ranking member of the Ter- this. But the bottom line is, come Novem- rorism, Unconventional Threats and Mr. MCKEON. I’m happy to yield, at ber, sometime between Thanksgiving this time, 2 minutes to the Republican and Christmas, I’m going to be visiting Capabilities Subcommittee, the underlying bill does, in fact, carry a tremen- whip, the gentleman from Virginia (Mr. at least 7,000 Mississippians, to the best dous amount of good things that will CANTOR). of my ability trying to see every one of help our troops and our Armed Forces, (Mr. CANTOR asked and was given them that I voted to send there. And providing what they need as a permission to revise and extend his re- when I look them in the eye, I want warfighter to better face today’s secu- marks.) them to know that I voted in support Mr. CANTOR. I thank the gentleman rity challenges. of them over the reservations of one We have extended to the Secretary of from California and also salute the small part of this bill. Defense the authority to offer rewards gentleman from Missouri. The bill does a lot of good things for for those individuals who provide infor- Mr. Speaker, today could have been our Navy. It pays for seven new ships: mation and nonlethal assistance in and should have been marked by bipar- a DDG–51 class destroyer, the best De- support of the Department’s combating tisan support for our troops, but in- stroyer in the world, one that we’re terrorism efforts. We increased the au- stead has become something very dif- going to build for at least another dec- thorization level for Special Operations ferent. ade; two Littoral Combat Ships; two T– Command’s 1208 authority. The sole purpose of the Department AKE dry cargo ships; a Joint High But this is a big thing to many of us. of Defense authorization legislation is Speed Vessel; and a Virginia class sub- The hate crimes bill is not at all ger- to authorize funds to ensure a strong marine. mane to this piece of legislation. The national defense, but today it is being It includes language to see to it that House passed it as a standalone piece of used as a vehicle to force hate crimes our next generation of carrier, with the legislation. Our authorization bill, I be- legislation through the House, and it is all-important electromagnetic launch lieve, should not be used as a vehicle to with deep regret that I’m left with no system, will have the proper oversight forward this controversial and uncon- choice but to oppose it. so that it is delivered on time and on ventional—and I think unconstitu- This legislation and this vote is a po- budget. It includes language to see that tional—piece of legislation that at- litical ploy and symbolic of everything the Littoral Combat system that, to tacks our First Amendment rights. that is wrong with Washington. Those date, has been poorly handled will be who support the Federal criminaliza- done better in the future with a 10-ship b 1300 tion of hate crimes should demand that buy, followed by a 5-ship buy, at the The fiscal year 2010 National Defense it be removed from this legislation and best price for whoever is willing to bill started off as a bipartisan bill. Un- be considered solely upon its own make that ship. fortunately, it has ended up in an ex- merit, not that of our national defense. It funds the F–18E/F program, the tremely partisan fashion. The out- I believe that all Americans should world’s best fighter, except for the F– standing work of this committee, I be protected from violent crime and 22, and, quite frankly, a lot more af- think, is being belittled. viewed equally under the law, and the fordable fighter than the F–22. Mr. SKELTON. Mr. Speaker, I yield 1 truth of the matter is that all violent Lastly, it includes $6 billion for the minute to my friend, the gentleman crimes are hateful. Thought crimes are most important weapon in our inven- from New Jersey (Mr. ANDREWS), a no different. tory at the moment, and that is the member of the Armed Services Com- Our message is simple: All Repub- next generation of mine resistant vehi- mittee. licans support our troops, and the issue cles. Look at the casualty list from Af- (Mr. ANDREWS asked and was given of hate crimes has nothing to do with ghanistan. Almost every casualty is a permission to revise and extend his re- our national defense. result of an improvised explosive de- marks.) One must really question the prior- vice on a vehicle that is not mine re- Mr. ANDREWS. Mr. Speaker, there is ities of this majority. We must not, sistant. not a word in this bill that silences a should not treat our service men and The magnificent vehicles that we religious voice or a voice of conscience women as political pawns in their ef- have built that work so well in Iraq because of the hate crimes legislation. fort to force a social agenda upon the and have saved so many lives in Iraq What there is in this bill is a very im- court system and the American people. were, unfortunately, too big and too portant choice that my friend, Mr. Mr. SKELTON. I yield 3 minutes to bulky for the terrain in Afghanistan. TAYLOR, just talked about a minute my friend, my colleague, the chairman That’s why we have to come up with a ago. A few years ago, we discovered to of the Subcommittee on Seapower and second-generation vehicle. This bill our horror that when vehicles drove Expeditionary Forces, the gentleman funds 5,000 of those vehicles that when over roadside bombs, the floors of the from Mississippi (Mr. TAYLOR). they are delivered, from day one, will vehicles were not capable of stopping Mr. TAYLOR. Let me begin by start saving lives and bring our friends the explosion from killing the troops thanking our chairman and ranking and our family members back home inside. That problem has manifested member for the phenomenal job with their limbs. itself again in Afghanistan on rugged they’ve done. So, Mr. Speaker, again, like many of terrain. This bill funds 5,000 vehicles Let me begin by telling the gen- you, I have very, very, very deep con- that will protect the lives of the young tleman from Virginia that I agree with cerns and, in fact, anger over some lan- Americans who travel that rough ter- much of what he said. I would also re- guage that was included in this bill. rain.

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.037 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11132 CONGRESSIONAL RECORD — HOUSE October 8, 2009 The choice is not about House proce- There are, however, areas where this con- Mr. MARSHALL. Thank you, Mr. dure or civil rights arguments. The ference report falls short of what should be Chairman. choice is yes or no. For those 5,000 ve- done on behalf of our military and their fami- Mr. Speaker, I want to second what hicles, for those troops who travel that lies. I am disappointed that the conference re- the gentleman from New Jersey said rough terrain, yes or no. The right vote port fails to adopt a House provision, based just a minute ago. I’m not going to get is ‘‘yes.’’ The way to honor our com- on the President’s proposal, to allow for con- into the details of the Armed Services mitment is ‘‘yes.’’ I would urge both current receipt of military disability retired pay authorization part of this bill except to Republicans and Democrats to vote and veterans’ disability compensation for all simply say that we do an awful lot of ‘‘yes.’’ Chapter 61 disability retirees regardless of dis- very important good things for our sol- Mr. WILSON of South Carolina. Mr. ability rating percentage or years of service. diers, their families and for the defense Speaker, I yield myself 2 minutes. There are numerous explanations for why of this country in this bill. It would (Mr. WILSON of South Carolina we did not adopt this paid-for provision, includ- take an awful lot, an awful lot for me asked and was given permission to re- ing that the President did not provide the prop- to vote against the bill because some- vise and extend his remarks.) er offsets, or that the Senate objected to the thing that is nongermane has been in- Mr. WILSON of South Carolina. Mr. proposed offsets for the mandatory spending. cluded in the bill. Speaker, the conference report in- There are also concerns that the Senate could Now I did vote to keep hate crimes creases active and reserve component not muster enough votes on this veterans’ out of the bill. That didn’t work. I end-strengths; provides a 3.4 percent issue to overcome a budget point of order can’t tell you how often in this Cham- pay raise; prohibits increases in against the provision on the floor. ber I have had to vote on bills that in- TRICARE Prime and Standard cost In my view, all these reasons do not justify cluded things I didn’t want in the bill. shares; improves the ability of service- inaction on this issue. It appears that if this It is rare that we have a bill, a large members to vote and have their votes provision had been given the level of priority bill, that doesn’t include all kinds of counted; and provides numerous im- it demands, leadership both in the House and things I would prefer to not be in the provements to assist wounded warriors. in the Senate would have found a way to bill. As a veteran myself and father of adopt it in the conference report. Just as they There is something that I think is four sons serving in the military, I found $3 billion of borrowed money for cash very important to point out about the know this is an important bill. How- hate crimes legislation that is in the ever, this conference report falls short for clunkers in a matter of hours. The House proposal, based on President bill. It’s language that was added by of what should be done on behalf of our Obama’s budget request, was paid for, even Senator Sam Brownback on the Senate military and our military families. I side, and it’s language which addresses am disappointed that the conference though it was a flawed proposal to start with. the principal concern that I hear from report fails to adopt a House provision It provided only nine months of concurrent re- my constituents about hate crimes leg- to allow for concurrent receipt of mili- ceipt benefits which means they would have islation. My constituents don’t mind tary disability retired pay and vet- expired before the House and Senate could putting people in jail for being violent erans’ disability compensation for all have completed another defense authorization with other folks. They don’t have a disability retirees regardless of dis- bill to extend the benefit. problem with that at all. They don’t ability rating percentage or years of If the House Democratic leadership had service. wanted to, it could have found the funding have a problem with increasing sen- There are numerous explanations for necessary to offset a fully funded benefit tences, not one whit. The longer the why we did not adopt this paid-for pro- ($5.2B over 10 years), or, as a minimum, to better. If you’re a criminal, you do the vision, including that the President did fund at least 12 to 18 months of benefit to en- time, and as far as my folks are con- not provide the proper offsets, or that sure Congress had time to act again. cerned, you can do more time. the Senate objected to the proposed It sends the wrong message to our military The worry was that somehow the offsets for the mandatory spending. and veterans that this provision was kept out right of individuals, of pastors and oth- In my view, these reasons do not jus- of the conference report. It sends the wrong ers to criticize behavior, to talk about tify inaction on this issue. It sends the message in particular when the objection is a sin, that somehow that right would be wrong message to our military and vet- procedural matter—a budgetary point of infringed upon, that free speech would erans that this provision was kept out order—that has been ignored by the Senate in be chilled. And I have to thank Senator of the conference report. previous instances. In fact, the last time it did BROWNBACK because in the bill we have It is past time we stop talking about arise was when we passed TRICARE for Life language that takes care of that issue. support for concurrent receipt and re- and there were votes necessary to defeat the The SPEAKER pro tempore. The peals of the offset in the Survivor Ben- budget point of order. time of the gentleman has expired. efit Plan-Dependency Indemnity Com- It should be noted that we had avenues that Mr. SKELTON. I yield the gentleman pensation SBP-DIC offset, the tragic could have been pursued to address this 1 additional minute. widow’s tax. It is time for action to do budgetary concern—namely allowing House Mr. MARSHALL. Thank you, Mr. the right thing now to remove these repeal of the deepwater drilling to stand as a Chairman. unfair burdens on widows and disabled spending offset. Unfortunately, that option and On pages 1366 and 1367 of the bill, it military veterans. Sadly, billions of this opportunity to take action on this issue states: dollars for Cash for Clunkers but lack were not supported. Nothing in this division, or an of consideration for widows and dis- The bottom line is this. The failure to adopt amendment made by this division, abled veterans. this provision sends the wrong message to our shall be construed or applied in a man- Mr. Speaker, the conference report on H.R. disabled military veterans that we would not ner that infringes any rights under the 2647, the National Defense Authorization Act take a modest first step in providing concur- First Amendment to the Constitution for Fiscal Year 2010, has many provisions that rent receipt for all disabled military personnel. of the United States. Nor shall any- improve the strengths and quality of life of ac- It is past time we stop talking about support thing in this division, or an amend- tive duty and reserve personnel and their fami- for concurrent receipt and repeals of the offset ment made by this division, be con- lies. It increases active and reserve compo- in the Survivor Benefit Plan—Dependency In- strued or applied in a manner that sub- nent end-strengths; provides a 3.4% pay raise; demnity Compensation, (SBP–DIC offset) the stantially burdens a person’s exercise prohibits increases in TRICARE Prime and so-called tragic widow’s tax. It is time for ac- of religion (regardless of whether com- Standard cost shares; improves the ability of tion to do the right thing to remove these un- pelled by, or central to, a system of re- service members to vote and have their votes fair burdens on widows and disabled military ligious belief), speech, expression, or be counted; and provides numerous improve- veterans. Sadly, billions for cash for clunkers, association, unless the Government ments to assist wounded service members. As but lack of consideration for widows. demonstrates that application of the a veteran myself, and a father of four sons I reserve the balance of my time. burden to the person is in furtherance today in the military, I know this is an impor- Mr. SKELTON. Mr. Speaker, I yield 2 of a compelling governmental interest tant bill. I am the ranking Republican serving minutes to my friend, my colleague, a and is the least restrictive means of on the Military Personnel Subcommittee led by member of the Armed Services Com- furthering that compelling govern- Chairwoman SUSAN DAVIS who I know is de- mittee, the gentleman from Georgia mental interest, if such exercise of reli- voted to our troops and families. (Mr. MARSHALL). gion, speech, expression, or association

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.039 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11133 was not intended to plan or prepare for enact custody protections is not a When President Obama initially suspended an act of physical violence; or incite an strategy to solve this problem. Our use of military commissions, I was optimistic imminent act of physical violence men and women in uniform serve in a that we had seen the end of this flawed sys- against another. Federal military and deserve Federal tem. President Obama has since signaled his My folks don’t want people planning action on this issue. intent to revive the commissions, and has or preparing for physical violence. I appreciate the work that has been called for reforms that would bring them in line They don’t want people inciting phys- done on this bill. with the rule of law. President Obama’s goal ical violence against other folks. They Mr. SKELTON. May I inquire as to which I share, is a system that is fair, legiti- want people to be free to criticize, to the amount of time remaining. mate, and effective. But we already have that argue, to speak and to condemn sin. I The SPEAKER pro tempore. The gen- in the Uniform Code of Military Justice and our think Senator BROWNBACK has hit it tleman from Missouri has 51⁄2 minutes Article III courts. We should use these existing exactly right. remaining. The gentleman from South tools and stop insisting on a new and inevi- Mr. WILSON of South Carolina. Mr. Carolina has 11 minutes remaining. tably second-class military commission sys- Speaker, I yield 2 minutes to the gen- Mr. SKELTON. I yield 1 minute to tem. tleman from Ohio (Mr. TURNER), the my friend, the gentleman from New But, given the existing Military Commissions former mayor of Dayton, Ohio. York (Mr. NADLER). Act of 2006, which can be used to try detain- Mr. TURNER. Mr. Speaker, I would Mr. NADLER of New York. I thank ees and allows for the admission of state- like to thank Chairman SKELTON and the gentleman. ments obtained through the use of cruel, inhu- Ranking Member MCKEON for their Mr. Speaker, I rise in support of this man, and degrading interrogation methods, we leadership and their steadfast support conference report with some serious should support the improvements in this bill. for our men and women in uniform. reservations. This legislation will fi- This bill improves existing law by placing fur- The portion of this bill that relates nally enact the Local Law Enforce- ther limits on the use of coerced testimony to our strategic forces legislation re- ment Hate Crimes Prevention Act. and hearsay, expanding the scope of appel- flects broad bipartisan agreement. The That is a historic, albeit long overdue, late review to include review of facts and not conference report retains a provision to accomplishment. just law, and taking greater account of the establish the stockpile management I am concerned, however, about the need for adequate defense counsel and re- program, strengthen the stockpile section dealing with military commis- sources. These changes do not go far stewardship program and preserve the sions. President Obama’s goal, which I enough, and additional changes suggested by intellectual infrastructure. share, is a system that is fair, legiti- the Judiciary Committee—including a sunset I am pleased that the report includes mate and effective. But we already provision, a limitation on the use of military a provision on the START follow-on have that in the Uniform Code of Mili- commissions for Guantanamo detainees, a treaty, which makes it clear that the tary Justice and our Article III courts. voluntariness requirement for all statements, a treaty should not include limitations We should use these existing tools and different appeals structure, and a prohibition on missile defense or advanced conven- stop insisting on a new and inevitably on the trial of child soldiers by military com- tional weapons; and that the enhanced second-class military commissions sys- mission—should have been adopted. None- safety, security and reliability of the tem. But given the existing Military theless, I support the improvements made by nuclear weapons stockpile and mod- Commissions Act of 2006, which allows this conference report, with the hope that we ernization of the nuclear weapons com- for the admission of statements ob- can make further progress in the future. plex are key to enabling further stock- tained through the use of cruel, inhu- So I will support this conference report, pile reductions. man and degrading interrogation meth- mindful that our work is not done. I urge my I am disappointed that the con- ods, we should support the improve- colleagues to do the same. ference sustains the President’s cut of ments in this bill—placing further lim- Mr. WILSON of South Carolina. Mr. $1.2 billion to our missile defense sys- its on the use of coerced testimony and Speaker, I yield 2 minutes to Congress- tems. These cuts come despite signifi- hearsay; expanding the scope of appel- man WITTMAN who represents Amer- cant activity in Iran and North Korea’s late review to include review of facts ica’s historic First District of Virginia. ballistic missile and nuclear weapons and not just law; and taking greater (Mr. WITTMAN asked and was given programs. account of the need for adequate de- permission to revise and extend his re- I introduced a provision which would fense counsel and resources. These marks.) have increased funds for the European changes do not go far enough, and addi- Mr. WITTMAN. Mr. Speaker, I rise missile defense sites in Poland and the tional changes suggested by the Judici- today to speak on the conference re- Czech Republic and open the door to an ary Committee—including a sunset port for H.R. 2647, the National Defense alternative only if the Secretary of De- provision, a voluntariness requirement Authorization Act. fense certified that it was at least as for all statements, a different appeals The members of the House Armed cost effective and operationally avail- structure, and a prohibition on the Services Committee are dedicated to able as the Czech and Polish-based sys- trial of child soldiers by military com- supporting our servicemembers and tem. Unfortunately, my amendment mission—should have been adopted. their families, and as such, this bill in- was diluted as the Defense bill passed. Nonetheless, I support the improve- cludes an appropriate increase in mili- However, I still expect the administra- ments made by this conference report tary pay and improves veterans care. tion to address its intent. with the hope that we can make fur- I am pleased to see that the bill In missile defense, I am pleased that ther progress in the future. makes progress towards strengthening the report authorizes an increase of $20 I urge my colleagues to vote for this our naval presence on the high seas. We million to sustain the GMD industrial conference report. must continue to develop the indus- base and $23 million for additional SM– Mr. Speaker, whether it is because of the trial base and promote shipbuilding to 3 interceptors. actual or perceived race, color, religion, na- establish a floor, not a ceiling, of 313 In another area, I am concerned that tional origin, sexual orientation, gender, gen- ships in our Navy. this report does not include the House- der identity, or disability of the victim, these I do, though, remain troubled by the passed language protecting child cus- violent acts causing death or bodily injury tar- absence of a 30-year shipbuilding plan tody arrangements for servicemem- get not just an individual but an entire group. and a 30-year military aviation plan. bers. I want to thank Chairman SKEL- These crimes do, and are often intended to, Without these, critical perspective is TON for his bipartisan support on this spread terror among all members of the lost. The bill provides a temporary issue. The language which I offered has group. waiver for the number of carriers to dip consistently been opposed by the Sen- Today, we have the opportunity to do the below 11, but my reservations remain. ate and the Department of Defense, al- right thing. I hope we can agree to do so. Maintaining 11 aircraft carriers is es- though it has passed the House four I am concerned, however, about the section sential to maintaining our long-term times. dealing with military commissions It makes naval superiority. While the report includes a study to some important improvements, but in some The strategic risk we accept in this be undertaken by March 31, 2010, study- key ways the system will remain at odds with Defense authorization bill is also of ing this issue and waiting for States to our best traditions. particular importance. As we consider

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I sponsible to spend money on dredging preciate our dear chairman from Mis- want to thank him for his leadership. and preparing to homeport a nuclear souri, Chairman SKELTON. He com- Mr. Speaker, I rise to support the aircraft carrier prior to the conclusion mented that we are at war, this is conference report on this vital bill for deadly serious, and he is right. Our of the Quadrennial Defense Review. fiscal year 2010, which takes important troops need our support, and having Unfortunately, the Senate also added steps to enhance our military readi- been in the Army at Fort Benning at a a provision to expand the Federal juris- ness, our national security, and the time when we were being cut in the diction over hate crimes. Proponents of well-being of our military families, and late 1970s, I am very sensitive to that. this provision are using this national I might add our Federal employees, our But our troops are fighting for freedom security bill to get this legislation to civilian personnel as well. as well. the President’s desk through the back I particularly want to thank Chair- door, a tactic we have seen repeated Bringing a hate crimes bill that is man SKELTON, the Armed Services over the last 9 months. This bill is based on two false premises and putting it on the backs of our soldiers is Committee and staff for their months about national security, not social leg- of hard work to bring this legislation islation. To use the circumstances of wrong. It should not be done. We have heard from a majority Member that if close to enactment. I know on the our sons and daughters in harm’s way staff, this has been tough. The con- to legislate on social issues is uncon- we vote this down, the hate crimes will be pulled off, and then we can vote for ference was tough. scionable. We should not use a bill in the pay raise that these people justly support of our servicemembers to pro- In sum, the conference report author- deserve. There is no escalation in hate mote social legislation. I urge my col- izes $550.2 billion in budget authority crime numbers. The FBI statistics leagues to continue in the future to for the Department of Defense and the show they have been continually going work towards a better alternative. national security programs at the De- down. This would not change the out- I would like to thank my colleagues, partment of Energy, as well as $130 bil- come of the Matthew Shepard case. lion for overseas contingency oper- Ranking Member MCKEON and Chair- They got life; the maximum here is ations. It is a serious response to the man SKELTON, for their work in bring- life. In the James Byrd case, the two ing this bill to the floor. But we can do real, immediate, and rapidly changing most culpable got the death penalty; better, and we must. threats our Nation and our troops face. the maximum here is life. All this Mr. SKELTON. I yield 11⁄2 minutes to Among its most important provisions would do is bring that penalty down. are those that help to rebuild our my friend and chairman of the com- This is based on false assumptions. It mittee on Oversight and Government Armed Forces, which are worn down should not be added to our soldiers’ after years of war. Reform, the gentleman from New York backs. Let’s get a clean bill. (Mr. TOWNS). Mr. SKELTON. Mr. Speaker, I re- It provides $11 billion and $2 billion Mr. TOWNS. Thank you very much, serve the balance of my time. to re-equip the Army and Marine Corps Chairman SKELTON. Mr. WILSON of South Carolina. Mr. respectively, as well as $6.9 billion to As chairman of the Oversight and Speaker, I yield 1 minute to the gen- meet equipment shortfalls in the Na- Government Reform Committee, I rise tleman from Indiana (Mr. BURTON). tional Guard and Reserve. in support of the conference agreement Mr. BURTON of Indiana. Mr. Speak- In line with President Obama’s re- on the National Defense Authorization er, we all support our troops. I don’t quest, it also adds an additional 30,000 Act for Fiscal Year 2010. Title 19 of the think anybody doubts that. So why are troops to the Army, 14,650 to the Air bill makes important updates to the re- we adding a hate crimes amendment to Force, 8,100 to the Marines, and 2,477 to tirement system for Federal employ- this bill? Why are we doing social engi- the Navy. I believe these are critical ees. neering on the backs of our troops on a provisions. We are asking our men and b 1315 defense bill? I think it is being done for women to serve long tours at great political purposes. I think that there risk. The trauma that they are experi- These changes will improve the re- are people on the other side that want encing is very substantial. The ops tirement system’s effectiveness as a re- to put Republicans in a political trick tempo, as we call it, is such that if we cruiting and management tool at a bag in the next election, and I think do not increase our forces, we will not time when we need to attract the best that is very unfortunate. be able to give the proper rest that our and the brightest of the Federal work- We should be worrying about the de- troops need. So I congratulate the com- force. The reforms eliminate inconsist- fense of this Nation and the men and mittee for attending to that issue ency in the way part-time service, women fighting in Afghanistan and It authorizes 30,000 more Army troops breaks in service, and unused sick Iraq today. We should not be doing so- leave are considered in calculating rein fiscal years 2011 and 2012. Our Nation cial engineering on this bill. It is just has made the proper decision to con- tirement benefits. It helps civilian wrong. I think it is being done for po- workers at the Department of Defense, front those who would cause us risk. litical purposes. I just say to my col- But if we are going to do so, we must the largest employer in the Federal leagues on the other side who are doing Government. properly resource our services with the it, shame on you. proper number of personnel. I also support the repeal of the Na- Mr. SKELTON. I continue to reserve To ensure safety and dignified living tional Security Personnel System. This my time. system implemented by DOD has been Mr. WILSON of South Carolina. Mr. standards for those troops, it commits a near-total failure, and I support mak- Speaker, I respectfully reserve my $350 million to construct new Army ing a fresh start. time on behalf of the Republican leader training barracks and $200 million for I also support the report’s continued who will be here shortly. facilities in the National Guard and funding for programs at historically Mr. SKELTON. Mr. Speaker, I yield 1 Reserve. black colleges, universities, and minor- minute to my friend, my colleague, the This conference report also orients ity-serving institutions to ensure that distinguished majority leader, the gen- our country in the direction of the new students are trained to meet our Na- tleman from Maryland (Mr. HOYER). national security strategy put forward tion’s defense research and techno- Mr. HOYER. I thank the chairman by the Obama administration, which logical needs. for yielding. I thank the ranking mem- includes redeployment from Iraq and a I thank Chairman SKELTON and the ber for his leadership. commitment to the stability of Af- other conferees for their support. I I want to say particularly as I start ghanistan and Pakistan. The con- urge all Members to support this con- that the distinguished chairman of this ference report reflects those priorities.

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.042 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11135 Mr. Speaker, I have other matters America for that M16A2, wearing body fense bill is more than inappropriate. I have that I could speak to, but I think ev- armor furnished him and in the latest joined many of my colleagues in sending a let- eryone on this floor knows the impor- security vehicle provided by the United ter to the President expressing our concerns, tance of this bill. I note the presence States Army. stating ‘‘Each of us takes very seriously the on the floor of, like Mr. SKELTON, one b 1330 responsibility to ensure the men and women of the great leaders in supporting our who volunteer to serve in our Armed Forces That M16A2 rifle was furnished by Armed Forces on the floor with me, my have the resources they need to defend this the Congress of the United States. The good and dear friend BILL YOUNG from nation. Using our troops to pass divisive social ammunition for that rifle was fur- the State of Florida, as the ranking policy does a profound disservice to them, this nished by the Congress of the United Republican on the Appropriations Sub- institution, and the constituents we serve.’’ States. The body armor on that soldier committee. I want to thank him for his Fortunately, this bill is not the last word on was furnished by the Congress of the leadership. Mr. YOUNG has been here, national defense this year, and we will soon United States, and the vehicle in which IKE, longer than either one of us has have before us the Defense Appropriations he rides, that security vehicle was fur- been here, and he has served his coun- bill—the bill that actually provides funding for nished by the Congress of the United try very well. It is appropriate that he our troops. Congressional leaders should re- States. sist the urge to again engage in such abuses is on the floor as we consider this im- As a young soldier, this young cor- of power. portant bill. poral goes down the road, look at that In closing, Mr. Speaker, I would urge I am introducing legislation today that will soldier and answer the question, Did every Member in this House to support block the House from engaging in such behav- you vote to support me as a Member of this bill which supports our troops, to iors in the future. My bill will bring some com- Congress of the United States? support this bill which authorizes the mon sense to this place by ending the practice Ms. LEE of California. Mr. Speaker, for the funds necessary to respond to the needs of merging totally unrelated bills in secret con- first time in my tenure I rise today in support and the policies of the United States of ference committees. Separate issues should of the conference report on H.R. 2647, the America in protecting our citizens and be kept separate. National Defense Authorization Act for FY our homeland from those who would It is also troubling that once again, the Ma- 2010. undermine our security and safety, I still believe that we must bring common jority failed to give Members of Congress and who would attack our property and sense to our runaway defense spending and the public at least 72 hours to understand how persons. That’s what this bill is about. end support for outdated cold war era weap- $680 billion in taxpayer dollars are being This bill has many items in it, some ons systems that are costing taxpayers over spent. What last minute earmarks were in- more controversial than others. But at $60 billion a year without any appreciable ben- cluded in the 2,200 page bill? No one knows! I am also disappointed with several short- heart, this bill is about our troops and efit to our national security. about America’s security. I would hope While I am pleased to see that H.R. 2647 comings in the bill. The bill fails to include pro- and urge every one of my colleagues, includes language prohibiting the establish- visions to guarantee that Guantanamo Bay when the roll is called, to vote ‘‘aye’’ ment of permanent military bases in Iraq or Af- terrorist detainees will not be sent to the on this critically important bill for the ghanistan, I continue to have serious concerns United States. At a time when Iran is advanc- security of the United States of Amer- that the authorization for overseas operations ing its nuclear and missile technology pro- ica. included in this bill threatens to further en- grams, the bill unwisely cuts over $1.2 billion Mr. SKELTON, I congratulate you for trench the United States in conflict and con- from our national Missile Defense program. your leadership. You are one of Amer- tinue us down a path to war without end. While there is also much good in this bill, I am ica’s great patriots and leaders, and I Mr. Speaker, I will continue to oppose a glad that we will still have an opportunity to am proud to be your colleague. military-first foreign policy strategy which en- vote on the actual spending bill in the next few Mr. WILSON of South Carolina. Mr. dangers our troops and our national security, weeks. I would urge the Majority to resist the Speaker, I reserve the balance of my and undermines our ability to meet the needs temptation to lard up that bill with last minute time for the gentleman from Ohio (Mr. of the American people. airdropped earmarks or play politics with our BOEHNER), the Republican leader, for But today, I will be supporting this bill in the troops by adding extraneous liberal social poli- when he arrives. interest of all past, present, and potential vic- cies. Mr. SKELTON. Does the gentleman tims of hate crimes and discrimination. Mr. MORAN of Virginia. Mr. Speaker, I rise from South Carolina have any addi- It is long past time that we protect Ameri- to support the conference report on H.R. tional speakers? cans against hate violence by ensuring hate 2647, the National Defense Authorization Act Mr. WILSON of South Carolina. We crimes are fully prosecuted under the law, as for Fiscal Year 2010. In particular, I would like are reserving our full time for the gen- provided for in this bill. to thank Chairman SKELTON and Ranking tleman from Ohio (Mr. BOEHNER) as No individual should face discrimination, Member MCKEON for their leadership in nego- soon as he arrives. fear, or violence on the basis of race, color, tiating this piece of legislation. Mr. SKELTON. I prefer to close, Mr. religion, national origin, gender, sexual ori- As others have attested, this bill will provide Speaker, after the gentleman from entation, gender identity, or disability. more than $600 billion for our troops, so that Ohio speaks. Mr. POSEY. Mr. Speaker, this is a sad day they will be ready to confront today’s adver- Mr. WILSON of South Carolina. Mr. in the House of Representatives. The Majority saries and prepared to prosecute tomorrow’s Speaker, as we close on the Republican chose to add to the defense bill a totally unre- conflicts, all while knowing that the U.S. public side, indeed, this is such an important lated and highly controversial bill, commonly stands ready to support their needs at home bill for the military of our country. As called the Thought Crimes Bill or the Hate and abroad. has been indicated by so many of my Crimes bill. There are serious concerns that Also included in the Defense Authorization colleagues, with the highest regard religious leaders promoting traditional morality are three provisions that will greatly benefit the that we have for the chairman of the may be subject to potential criminal liability federal employees that not only support the House Armed Services Committee, under this bill as prosecutors blur the line be- warfighter, but often serve alongside our men there is great distress over the addi- tween what constitutes a ‘‘hate crime’’ and and women in uniform. tional language that should not have what they deem hate speech. Last minute The first is known as the Federal Employee been added to this bill. changes to the Thought Crimes bill stripped Retirement Service (FERS) Sick Leave provi- Mr. Speaker, I yield back the balance important religious freedom protections and sion. This piece will allow FERS-enrolled em- of my time. constitute further abuse of power. While no ployees to use their accumulated, unexpended Mr. SKELTON. Mr. Speaker, in your one should condone acts of hatred toward oth- sick leave towards the computation of their an- mind’s eye picture a young Army cor- ers, this bill goes far beyond its stated pur- nuities upon retirement. This provision puts poral preparing to drive down a road in pose. FERS employees on par with those in the Civil his security vehicle to help in an ongo- To airdrop this totally unrelated legislation Service Retirement System, CSRS, which in- ing firefight in the mountains of Af- onto a bill that authorizes our national defense cludes employees who joined the civil service ghanistan. Picture in your mind this budget is a travesty and abuse of power in the prior to 1984. young corporal dressed in the Army fa- highest degree. The second provision important to so many tigue uniform, an M16A2 standard-issue Adding vague unrelated provisions that are federal employees is known as the CSRS rifle in his hand with bullets made in likely to be proven unconstitutional to the de- Part-Time Fix. It allows CSRS workers to

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 9920 E:\CR\FM\K08OC7.044 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11136 CONGRESSIONAL RECORD — HOUSE October 8, 2009 phase-down to part-time status at the end of posed on them. Military operations have determined the mission and it is up to us to their careers without reducing their final annu- caused their homes to be invaded, their com- make sure our soldiers have the proper re- ities and pensions. Today, under CSRS, part- munities to be bombed and their resources, in- sources to carry out that mission. time service occurring during the final years of cluding food and water, to be increasingly The Navy and the President determined that federal service negatively impacts the high- scarce. part of that mission included making the har- three annuity calculation, leading to earlier full- Unemployment in both Iraq and Afghanistan bor at Mayport Naval Station suitable for all time service being calculated as part-time. is devastatingly high; access to humanitarian the ships in our fleet. They included that re- This flaw often pushes out the most experi- aid is limited; medical care and education are quirement in the budget submitted to the Con- enced and knowledgeable federal employees difficult to obtain or completely unavailable. gress. And it is included in the conference re- just at the time when this nation needs their The wars in Iraq and Afghanistan have clearly port. This is a key military construction and service and expertise. violated the human rights of the civilian popu- force protection project. The final federal employee provision con- lations in which they are being waged. The U.S. Navy has an alternative docking tained in this bill is known as FERS Rede- The people of Afghanistan are suffering hor- location for every ship in the Navy except for posit. This provision allows returning FERS ribly from 8 years of war. During that time the aircraft carriers stationed on the East Coast. In employees, who earlier left federal service, to Afghan central government has become in- order to provide this emergency docking loca- repay a deposit to the civil service trust fund, creasingly corrupt and has failed to meet the tion, the Navy requested funding in the Fiscal with interest, in order to be able to combine needs of the Afghan people. Iraq has been Year 2010 Budget for Channel Dredging at their past and new federal service for future decimated during more than six years of war Naval Station Mayport. annuity credit purposes. Like the other two and occupation. The people of Iraq continue to Right now, the channel to Naval Station federal employee provisions, the FERS Rede- wonder when the killing of the innocent will be Mayport is dredged to 42 feet plus a 2 foot posit will help the federal government better enough to satisfy the U.S. and question when overdraft. For a full loaded nuclear aircraft car- recruit and retain the skilled men and women the U.S. will end the occupation of their coun- rier to pull into Mayport without tide restric- that are critically vital to our armed services. try. tions, the channel must be dredged to 50 feet Though I have championed these provisions The majority of the Iraqi and Afghan people plus a 2 foot overdraft. in the past, I must take some time to person- are not extremists or insurgents, but they are I was pleased to speak with Secretary of ally thank Chairman SKELTON, Ranking Mem- the victims of the global war on terror whose Defense Robert Gates earlier this year and he ber MCKEON, Chairman TOWNS, and Chairman daily lives now entail little more than struggling expressed his commitment to make the LYNCH for their tremendous efforts to ensure to feed their families and survive the violence Mayport Naval Station a viable option for all that these provisions survived conference. of the war. Furthermore, the war in Iraq was naval ships in the event of emergency. Without the effort of these esteemed Con- based on false intelligence and an inaccurate, This provision to allow the dredging to con- gressmen, hundreds of thousands of federal government sponsored, propaganda cam- tinue represents a huge victory not only for the employees would not be the beneficiaries of paign. First Coast community, but also for the brave such provisions. I ask this body: Where is our dedication to men and women of the U.S. Navy, whose vul- Lastly, I strongly support the inclusion of the human rights of the innocent people nerability to attack is decreased by avoiding The Matthew Shepard and James Byrd, Jr. around the world who will be killed, maimed or consolidation of carriers in any single location. Hate Crimes Prevention Act in this legislation. displaced by the bombs, weapons and death The attack on Pearl Harbor in 1941 high- This provision, which has passed Congress machines that this bill funds? lighted the danger associated with docking several times over the past few years, would As a staunch supporter of human rights I large naval fleets in only one location. I am extend federal hate crimes law to protect indi- have consistently supported, voted in favor of, thrilled that the Department of Defense has viduals targeted because of their sexual ori- and advocated for passage of hate crimes leg- decided to take advantage of the Jacksonville entation, gender, gender identity, or disability. islation. I am fully committed to ensuring that port in order to increase the safety of our men In addition to expanding the categories of hate the human rights of all individuals are pro- and women in uniform. crimes, it would allow the Justice Department tected. Therefore, I believe that passage of This is about national security and ensuring to aid in the investigation and prosecution of hate crimes legislation is essential to ensuring we provide our Navy leaders with operational hate crimes at the local level through technical strong human rights protections for the victims flexibility they need. Our aircraft carriers are assistance and supplemental funding. of violent crimes that are perpetrated based too valuable of assets not to provide a back- Hate crimes have a chilling effect beyond a on the actual or perceived race, color, religion, up docking location. particular victim, spreading fear of future at- national origin, sexual orientation, gender, I am pleased at the support of the entire tacks among the targeted group. Congress gender identity or disability of the victim. Florida delegation for working in a bipartisan cannot prevent hate from motivating individ- But there is a deep-seated irony in including matter to support the men and women of our uals to commit violence, but we can ensure a human rights provision in a funding bill that military who, every day and every night, pro- that the proper laws and resources are avail- will inevitably ensure the continuation of tect the freedoms we hold so dear. Congress able to prosecute these cases to the fullest human rights violations in parts of the world. determined the mission and it is up to us to extent of the law. Enactment of this legislation I believe that, as a Nation and a part of the make sure our soldiers have the proper re- is a long overdue step in combating all forms global community, we cannot fully ensure the sources to carry out that mission. of hate-based violence that impact commu- protection of our own human rights here in the I support this provision and the entire bill nities across the country. United States without being equally diligent in and urge my colleagues to support this bill as Mr. Speaker, I once again thank Chairman ensuring the human rights of our global soci- well. SKELTON for his leadership. ety. I cannot trade the human rights of some Mr. JORDAN of Ohio. Mr. Speaker, I am Mr. KUCINICH. Mr. Speaker, I rise in strong for the human rights of others. disappointed to have to vote today in opposi- opposition to H.R. 2647. Throughout my time Ms. CORRINE BROWN of Florida. Mr. tion to the conference report on H.R. 2647, in Congress I have been a champion for Speaker, I rise today to support the National the 2010 National Defense Authorization Act. human rights. My opposition to the wars in Defense Authorization Act for Fiscal Year For House Democrats to bring it to the Floor Iraq and Afghanistan, and by extension, the 2010. I want to thank Chairman SKELTON for in its current form shows that they are not inclusion of an authorization for an additional his hard work and leadership on working with above playing politics with our troops. $130 billion to fund these wars, is in part all members and the Senate in passing an im- I commend the House Armed Services predicated on an understanding that war vio- portant bill to authorize the funding for our en- Committee and House conferees on the bill for lates the human rights of the affected popu- tire armed forces. their good work in support of our military. The lations. I am especially grateful for the provision to conference report provides much-needed The war and occupation in Iraq has taken authorize funding to dredge the St. Johns funding for our operations in Iraq and Afghani- the lives of over one million people. Thou- River at Mayport Naval Station. It is important stan at a time when the Administration’s com- sands more innocent lives have been lost due for our Navy to have the flexibility to station all mitment to those missions is in question. We to military operations in Afghanistan. These of our vessels where they can be safe and must continue to do everything in our power to lives are often referred to as ‘‘collateral dam- provide the maximum amount of protection for give our troops the resources they need to age.’’ But in reality these lives represent inno- national security. succeed, and also to support their loved ones cent children, mothers, sisters, brothers, and I am proud of the men and women of our at home. fathers, among others, that were killed be- military who, every day and every night, pro- I applaud the important provisions of this cause a war and occupation has been im- tect the freedoms we hold so dear. Congress conference report that authorize funding for

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 9920 E:\CR\FM\A08OC7.031 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11137 equipment acquisition, research and develop- would prove a chilling effect on the rights of all Mr. BILIRAKIS. Mr. Speaker, I want to ex- ment, and reset. I am pleased that the legisla- individuals to freely practice their religion. plain my vote in opposition to the Conference tion increases the size of the Army, Navy, Air It is beyond shameful that these hate crimes Report to H.R. 2647, the National Defense Au- Force, and Marine Corps to address current provisions have been stapled onto the defense thorization Act for Fiscal Year 2010. and future threats. authorization. They are completely irrelevant I absolutely support ensuring that our brave The conference report bars the transfer of to the protection of our troops, and provide yet men and women serving in the Armed Forces detainees at Guantanamo Bay to the United another example of how terrified the Democrat have the necessary and best possible training, States pending a review on the threats they majority is of free and open debate. Just as equipment, and other resources to accomplish would pose to Americans. I find it unconscion- the hate crimes bill was originally debated in their missions as quickly and safely as pos- able that the Obama Administration is still con- the House under a closed rule allowing for no sible. templating bringing terrorists to American soil amendments, it is now being presented to the I sought a seat on the House Committee on after this Congress and the American people House for only one hour of debate with no op- Veterans Affairs in my first term so I could in have gone on the record against such a reck- portunity to amend it. some small measure help repay our debt to less move. Mr. Speaker, defense authorization bills past soldiers and their families by protecting Most importantly, the conference report au- have traditionally been free of politics, almost and strengthening their health, disability, and thorizes an across-the-board military pay raise always garnering widespread bipartisan sup- retirement benefits. above what President Obama’s defense budg- port. The actual defense provisions in this au- I have introduced legislation to increase the et requested. I was proud to vote to fund this thorization bill are good. I would be proud to pay of members of the military, provide tax pay raise in July when it was included in the support this bill, absent the unrelated and un- cuts to active duty military personnel, give tax 2010 defense appropriations bill, and look for- constitutional hate crimes provisions included credits to our military to help them purchase ward to quick action on a final version of that in it. homes, allow for concurrent receipt of military bill to provide this well-deserved increase. The American people have a right to be retired pay and disability compensation, and The extraordinary sacrifices of our men and ashamed of the poisoned process that forces encourage employers to hire members of the women in uniform make it of utmost impor- pro-defense members of Congress to vote Reserve and National Guard. tance that we give them the equipment and against what might otherwise be a good de- I have also traveled to Iraq and Afghanistan the support they need to complete their mis- fense bill. to visit with our troops and let them know that sion. They deserve far more than they are get- Mr. HOLT. Mr. Speaker, I feel strongly that I understand and appreciate what they are all men and women must be treated equally, ting today from Congress, which is cynically doing and will do whatever I can to support regardless of their race, religion, gender, sex- them. using this bill to advance social policies fa- ual orientation, gender identity or disability. Very simply, I believe our brave warriors vored by the Left. Attached to the bill by Sen- That is why I am an original cosponsor of the who are standing in harm’s way to keep us ate Democrats is a wholly unrelated and un- Matthew Shepard and James Byrd, Jr. Hate safe are the true heroes in our society and de- constitutional so-called hate crimes bill. Crimes Prevention Act. serve our complete and unfettered support. This hate crimes bill represents an unprece- Hate crimes are real. They spread fear and That is why I supported the House-passed de- dented departure from the deeply rooted intimidation among entire communities. This fense authorization bill earlier this year. I am American principle of equal justice under law. bill would strengthen local law enforcement’s terribly disappointed that I cannot vote for this Justice should be blind, rendered through a ability to prosecute hate crimes based on conference report, however, because it in- criminal justice system that does not take into race, color, religion, national origin, gender, cludes several misguided provisions that consideration such issues as race, gender, sexual orientation, gender identity and dis- should not become law. and religion. ability to the victim. It’s long past time for Con- This bill is shamelessly being used to enact Mr. Speaker, all violent crime is rooted in gress to pass this important legislation to help unrelated and controversial hate crimes legis- hatred. All violent crime is deplorable and prosecute those who would commit these hei- lation, to which many, including me, strongly should be punished to the fullest extent. nous acts. object. The inclusion of this language in a bill Crimes not aimed at certain classes of people Some have opposed this bill by saying it to ensure our national security and meet our are just as reprehensible as those committed would legislate ‘‘thought crimes.’’ It is patently commitment to the troops is unconscionable. for other reasons. Crimes committed against false to say that we’re criminalizing thought. I believe that all crimes should be vigorously one citizen should not be punished any more We are criminalizing the brutality that results prosecuted and the convicted should be swiftly or any less than crimes committed against an- when these thoughts lead to the death and se- and appropriately punished. I do not believe other. rious injury of an innocent victim. This is no that the federal government should be in the But this hate crimes bill treats senseless, more about criminalizing thought than the business of criminalizing thought and creating random violence less harshly than other, less antilynching laws were about criminalizing knot classes of people who supposedly are more ‘‘random’’ crimes. Justice will depend on tying. deserving of protection than others. whether a victim is a member of a category The Matthew Shepard and James Byrd, Jr. The bill cuts funds for missile defense by deemed worthy of protection under this bill— Hate Crimes Prevention Act authorizes the At- more than a billion dollars from last year’s a list, for the record, that does not include the torney General to provide technical, forensic level and permanently prohibits the deploy- unborn, pregnant women, the elderly, and oth- and prosecutorial assistance in the criminal in- ment of long-range missile defense intercep- ers who are among society’s most vulnerable. vestigation or prosecution of any crime of vio- tors in Europe; unless a lengthy certification In fact, when the hate crimes bill was con- lence that is motivated by prejudice based on process occurs, effectively shutting down a sidered in the Judiciary Committee earlier this race, color, religion, national origin, gender, system that would protect us and our Euro- year, I offered an amendment to add the un- sexual orientation, gender identity or disability pean allies from nuclear attack. born to this list. The amendment was ruled of the victim. It also authorizes the Department The bill also strikes funding included in the non-germane on the outrageous grounds that of Justice to award grants to state and local House-passed bill for the production of addi- the unborn are not ‘‘persons.’’ So much for de- law enforcement to assist in hate crime pre- tional F–22 fighters. These provisions leave us fending our most defenseless. vention. more vulnerable to attack from nuclear nations I find it intriguing that a provision offered by This bill is about hate crimes and giving law and those countries developing more ad- Republicans but opposed by Democrats in enforcement the tools they need to prosecute vanced air assets. committee—heightening penalties for attacks them. This bill has strong support from over Mr. Speaker, I will not play along with this on servicemembers—is now hailed by Demo- 300 civil rights, religious, LGBT, law enforce- political charade and allow our men and crats as a vital part of this legislation. ment and civic organizations, and I’m particu- women in uniform to be used as cover to pass The hate crimes bill raises the very real larly pleased to identify the support of the Gar- controversial social policies that cannot be en- possibility that religious teachers of every faith den State Equality, a group that has fought acted on their own. My constituents know how could be prosecuted based on the sermons tirelessly to fight discrimination against all strongly I support our troops and our military they give. By permitting legal action against Americans, including discrimination based on efforts to prevent terrorists from striking in this anyone who ‘‘willfully causes’’ action by an- gender identity. country again like they did on 9/11. other person, it is not hard to imagine charges The bill has in the past been approved by I hope the next time we consider a defense being filed against a pastor if a misguided pa- the House and the Senate only to fail to reach authorization bill we do so in a manner that re- rishioner claimed that the pastor’s message the president’s desk. Yet, today we will finally flects and upholds the very ideals that our caused him to commit a violent act. Subjecting pass the Matthew Shepard and James Byrd, troops are fighting for, unlike the shameful pastors’ sermons to prosecutorial scrutiny Jr. Hate Crimes Prevention Act into law. process that brought us to this point today.

VerDate Nov 24 2008 00:57 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 9920 E:\CR\FM\A08OC7.024 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11138 CONGRESSIONAL RECORD — HOUSE October 8, 2009 Mr. WOLF. Mr. Speaker, I cannot support vocate for the inclusion of these provisions hate crimes provisions have nothing to do with the Conference Report for H.R. 2647, the Na- from the House and Senate bills and I am the Defense Authorization Bill, and it should tional Defense Authorization Act for Fiscal pleased that they have been maintained in the not be here. Year 2010 because it includes more than just conference agreement. Although I am dis- There are a number of good things in this the comprehensive annual defense policies appointed that I cannot support this bill, I bill—provisions I support and issues I have and budget authority for the Department of strongly support the inclusion of these provi- worked on. But I cannot condone forcing a do- Defense, which is the intended purpose of the sions strengthening the federal workforce. mestic political issue into a national security bill. Mr. STARK. Mr. Speaker, I rise in opposi- bill. I continue to fully support the efforts of our tion to the Defense Authorization bill. As we And I worry that doing this makes it less troops on the ground, but have serious con- focus on slowing the rising cost of health care, likely than ever that national security will stay cerns about controversial hate crimes legisla- we should be just as vigilant about ever higher above domestic politics. tion added by the Senate. When the House levels of defense spending. We are faced with a serious situation in Af- voted on this legislation in June, I voted yes, No one on the international stage comes ghanistan which requires our best efforts and because I supported the policies laid out in the close to our military spending. The United our concentrated focus. Mr. Speaker, our House version of the bill. But the Senate’s ad- States accounted for 41.5 percent of the entire troops and our nation expect better of us than dition has no place in this bill. world’s military spending in 2008—the next this. I was also disappointed to see that provi- closest country was China at 5.8 percent. To sions to fix Concurrent Receipt that were input this in perspective, if we spent only six Mr. CONYERS. Mr. Speaker, I rise in sup- cluded in the House version of the bill were times as much as the next closest country, in- port of the rule on the National Defense Au- removed in conference. This is a well de- stead of seven times as much, we would have thorization Act. While this legislation address- served and long overdue benefit for our na- more than enough money to completely pay es many important defense related matters, tion’s veterans. for health care reform. such as military readiness and pay raises for I want to express my support for the provi- I urge my colleagues to join me in voting our troops. It also includes other provisions sions in this legislation which will improve the against the Defense Authorization bill. That like reform of the Federal Employee Retire- quality of life for military personnel and their said, there is an important provision in the bill ment System. Most important, from the per- families, strengthen commitments to military that I support, extending hate crimes laws to spective of my Chairmanship of the Judiciary retirees, and bolster our national security. cover sexual orientation, gender, gender iden- Committee and as author of the House legisla- Without the hate crimes provision, this bill in tity, and disability. I have supported hate tion, it also touches on the issue of hate total is good legislation for our troops and vet- crimes legislation throughout my career in crimes by including the Matthew Shepard and erans. In addition to the pay raise for our mili- Congress, including as a co-sponsor of this James Byrd, Jr. Hate Crimes Prevention Act. tary, it includes important TRICARE provisions legislation when it was approved by the House Some have objected loudly to the inclusion that I continue to support. I have a long history in April, and I am glad that the hate crimes of hate crimes legislation in a defense author- of supporting our troops and veterans and will provision in this bill will finally become law. ization bill. However, hate crimes legislation is continue to work to support policies that ben- Ms. FOXX. Mr. Speaker, I rise today to of critical importance to this nation and has efit our military and hope that future defense voice my opposition to the recently enacted passed with broad bipartisan support in the related legislation can be considered without policies rammed through Congress in this de- House for the last three (3) Congresses, only the inclusion of extraneous and inappropriate fense bill. to fail in the other body by being stripped out provisions. The so-called ‘‘Hate crimes’’ language in at Conference. I hope that this year is dif- I also strongly support provisions included in this bill contradicts Americans’ First Amend- ferent. this legislation with regard to federal employment rights and sets a very dangerous prece- As the names in the title of this provision ees that will improve the efficacy of the federal dent. demonstrate, hate crimes are a blight on this workforce and remedy historic inequalities in We can all agree that any form of bigotry in nation. Despite what some would claim, the federal retirement benefits. These improve- America is unacceptable. Unfortunately, the number of hate crimes each year demonstrate ments will strengthen our national security ‘‘hate crimes’’ provisions in this defense bill that federal action is crucial to bringing these workforce, including more than 700,000 civil- not only have no business in this unrelated offenses under control. Since 1991, the FBI ians employed worldwide by the Department legislation, they are also so sweeping and has documented over 118,000 hate crimes. In of Defense. broad that they may very well encompass le- the year 2007, the most current data available, I am particularly pleased that legislation I gitimate religious beliefs. the FBI compiled reports from law enforce- As a result, under this legislation, any pas- have introduced with Representative JIM ment agencies across the country identifying tor, preacher, priest, rabbi or imam who gives MORAN, which would credit unused sick leave 7,624 bias-motivated criminal incidents that a sermon out of their moral traditions about for federal employees, has been included in were directed against an individual because of sexual practices could be found guilty of a fed- this bill. According to a Congressional Re- their personal characteristics. These offenses eral crime. This is far outside of the current of search Service report, current inequities in range from assaults to murder. sick leave policy result in a loss of productivity American freedom that flows through our his- This legislation will provide assistance to costing taxpayers more than $68 million each tory. state and local law enforcement and amend year. This will remedy this and result in a These ‘‘hate crimes’’ provisions will have a federal law to streamline the investigation and more productive and cost-effective workforce. negative effect on the ability of people of deep The other important federal workforce provi- religious convictions to express those convic- prosecution of hate crimes. It is important to sions included in this legislation will: change tions freely. They will inevitably have a note that states will retain primary responsi- the computation of certain annuities based on ‘‘chilling effect’’ on religious expression from bility for prosecuting these offenses, but with part-time service; expand the class of individ- churches, temples and mosques. The most re- aid of the Federal government. uals eligible to receive an actuarially reduced sponsible thing for Congress to do is to take In the cases of James Byrd and Matthew annuity under the Civil Service Retirement steps to rein in this infringement on Ameri- Shepard local prosecutors acknowledge the System; authorize the re-deposit of retirement cans’ First Amendment rights. crucial role of federal investigative assistance funds under the Federal Employee Retirement Mr. THORNBERRY. Mr. Speaker, this is a in obtaining prosecutions. In the Shepard case System; change the retirement credit for serv- sad day—a day in which a domestic social in particular, the local officials could have used ice of certain employees transferred from the agenda has hijacked the Defense Authoriza- a key provision of the bill to help defray the District of Columbia service to the federal tion bill. The men and women in our armed costs of the prosecutions and thus avoid the service; alter the retirement treatment of Se- services should be the first and foremost pri- furlough of law enforcement personnel. cret Service employees; and phase in the use ority of this bill. Instead, this domestic social The key element of the bill is its expansion of locality-based comparability payments to re- agenda is being strapped on the backs of our of federal jurisdiction to cover crimes moti- place cost-of-living adjustments for certain fed- troops. We should not do it. vated by bias against the victim’s perceived eral employees, and include a provision from Creating new ‘‘hate crimes’’ is controversial. sexual orientation, gender, gender identity or the Senate-passed bill allowing for the re-em- A stand-alone bill has passed the House, but disability. I believe that the expansion of juris- ployment of federal retirees on a limited, part- apparently its advocates do not believe they diction to cover additional groups is the key time basis without offsetting their annuity from can get it through the Senate. So they have issue to those opposing this legislation. After salary. attached it to the Defense Authorization Bill. all, our first hate crimes statute was enacted I have worked with colleagues on both sides However one feels about hate crimes, it is in 1968 and there has been no move to repeal of the aisle over the last several months to ad- wrong to include that provision in this bill. The that law (18 U.S.C.A. Section 245).

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 9920 E:\CR\FM\A08OC7.028 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11139 At the core of this bill is its protection of our existing Article III courts and courts-martial partment adopted a common standard for First Amendment rights, while protecting com- system. Our efforts to create an alternative videorecording interrogations to maximize in- munities from bias-based violence. The bill system already have proven unwise and un- telligence collection and protect both the inter- contains a provision that protects the First constitutional. We should work toward retiring, rogators and the detainees. Amendment rights of the accused at trial and not reforming, this system. In the meantime, I’m pleased that this bill contains strong provisions that protect freedom of speech and however, I cannot in good conscience oppose hate crimes prevention provisions that I have conduct generally. Despite argument to the changes that will improve the existing system. supported for years. The Local Law Enforce- contrary, no person can be prosecuted under I urge a vote in support of the rule. ment Hate Crimes Prevention Act, which is in- this act for mere speech or belief. This legisla- Mr. WAMP. Madam Speaker, I rise today to cluded in this bill, would provide technical and tion sanctions violent conduct and the Con- oppose the inclusion of hate crimes legislation financial support to local law enforcement and stitution does not protect speech, conduct or within the National Defense Authorization Act prosecutors so that they can more aggres- activities consisting of planning for, conspiring (H.R. 2647). Throughout my 15 years in Con- sively try violent crimes which are motivated to commit, or committing an act of violence. gress, I have always been a passionate sup- by a victim’s race, color, religion, national ori- These hate crimes prevention provisions are porter of our military and their families. I stand gin, gender, sexual orientation, gender iden- supported by a long list of groups (more than on my strong record of support for our brave tity, or disability and expands Federal jurisdic- 300), including law enforcement groups, reli- service men and women. Regrettably, how- tion to cover such crimes. Additionally, the bill gious groups, civil rights groups, disability ever I cannot, in good conscience, vote for the would make it a Federal crime to attack U.S. groups, and numerous other organizations. National Defense Authorization Act for Fiscal servicemembers or their property on account Behind each of the statistics is an individual or Year 2010. of their service to country. The bill also in- community targeted for violence for no other Using the broad admiration for our military, cludes stronger protections for freedom of reason than race, religion, ethnicity, sexual ori- the majority has hijacked this Defense Author- speech and association, including religious entation, gender, gender identity, or disability. ization bill to pass a hate crimes provision that speech and association, than the House Law enforcement authorities and civic leaders could not pass on its own merits. passed version of this legislation. These have learned that a failure to address the Every jurisdiction in the United States pro- changes will ensure that religious leaders will problem of bias crime can cause a seemingly hibits battery and murder. If we prioritize not have to change the expression of their be- isolated incident to fester into wide spread ten- crimes based on the victim’s status, we threat- liefs or how they serve their congregations, as sion that can damage the social fabric of the en the very notion of equal protection under a result of the enactment of hate crimes legis- wider community. the law that is the foundation of our legal sys- lation. After more than a decade, it is time to send tem. Instead, all violations of the law should I am also pleased to see that the Con- hate crimes legislation to the President. be dealt with in a manner that delivers justice ference Report includes most of Senator While I strongly support certain provisions of on behalf of victims and their families. As a SCHUMER’s Military and Overseas Voter Em- the bill, I remain concerned about the military society, we must do what we can to prevent powerment Act, which had been attached to commission system despite the reforms that all crimes. the Senate-passed bill. That bill would facili- are included in Title XVIII of the Conference The use of violence against any innocent tate the ability of military and overseas voters Report. Those changes undoubtedly improve person is wrong, regardless of that individual’s to request voter registration and absentee bal- existing law in several important ways. For ex- race, religion, nationality, or sexual orientation. lot applications by mail and electronically, the ample, the bill prohibits the admission of state- Crimes of violence should be prosecuted to ability of election officials to transmit blank ab- ments that have been obtained through cruel, the fullest extent of the law. sentee ballots to military and overseas voters, inhuman, and degrading interrogation meth- With two wars waging overseas, now is not and the ability of military voters to return their ods. It also expands the scope of appellate re- the time to be playing politics with the lives of completed paper ballots safely, securely and view of military commission trial decisions to our brave service men and women. They de- free of charge by express mail, with generous allow the reviewing court to consider issues of serve a clean defense bill, but today’s vote pick-up and delivery time-frames. The latter fact as well as law. Congress previously re- sends the wrong message to all those who provisions are similar to my own legislation on stricted all appeals to issues of law only, an stand in defense of our Nation. that topic, the Military and Overseas Voting unprecedented departure from how our exist- Mr. HOLT. Madam Speaker, I rise in sup- Enhancement Act, which was the very first ing military justice and Article III courts oper- port of this bill. election reform bill I introduced in the House ate. So these changes are positive. In many Every year, this bill provides us with an op- this session. respects, however, the reforms simply do not portunity to make sure we are doing right by I would also like to commend my colleague go far enough. Several recommendations the men and women who serve our Nation in Ms. MALONEY, who I was pleased to collabo- made by the Judiciary Committee—including a uniform. The National Defense Authorization rate with on her Overseas Voting Practical sunset provision for the law, limiting the use of Act for Fiscal Year 2010 (H.R. 2647) would Amendments Act, which included provisions to military commissions for trial of detainees held provide a 3.4-percent pay raise for our troops. facilitate the use of electronic transmission for at Guantanamo Bay, Cuba; requiring a volun- It also would expand TRICARE health cov- outgoing applications and ballots similar to tariness standard for all statements; adopting erage for reserve component members and those in the Schumer bill that were not cov- a different appeals structure; and prohibiting their families for 180 days prior to mobilization ered by my bill. I agree with Senator SCHUMER the trial of child soldiers in military commis- and prohibit fee increases on TRICARE inpa- that facilitating the ability of our service men sions—should also have been adopted. tient care for one year. To help our wounded and women to vote conveniently, expedi- In July, the Judiciary Committee’s Sub- warriors with their recovery, the bill authorizes tiously, securely, and—to say the least—for committee on the Constitution, Civil Rights, funding for travel and transportation for three free—should be our top priority. They put their and Civil Liberties held two hearings on mili- designated persons, including non-family lives on the line for us every day, and the tary commissions and possible reforms. members, to visit hospitalized service mem- electoral process should recognize their sac- Though I voted against the Military Commis- bers. It also authorizes funding to allow seri- rifice accordingly. sion Act of 2006, I participated in those hear- ously injured service members to use a non- However, whatever we do to facilitate the ings with an open mind to determine why mili- medical attendant for help with daily living or ability of our military personnel to vote, we tary commissions are necessary and whether during travel for medical treatment. must never do it at the expense of the security we can create a system that complies with our H.R. 2647 also contains provisions designed or privacy of their votes. The strong language laws and our Constitution. After hearing from to improve and rationalize our policy on de- included in the conference report requires that several witnesses, including representatives tainees. I am especially pleased that the bill the privacy of our military and overseas voters from the Departments of Justice and Defense, contains a provision I wrote that requires the be protected. And in providing only for the ex- I am not convinced that we need military com- videorecording of interrogations of detainees press mail return of completed hard copy bal- missions or that, even with these reforms, the held at theater-level detention facilities in Iraq lots, it also recognizes that return of com- military commission system is lawful. The last and Afghanistan. For the first time, the De- pleted ballots by electronic means presents administration seemed to believe that military fense Department will have a uniform standard security risks. However, the bill calls for the commissions were desirable because they for collecting videorecorded intelligence from study of ‘‘new election technology’’ to facilitate made it easier to obtain convictions, regard- detainees through this mandatory program. the ability of our military and overseas voters less of the evidence. President Obama has Law enforcement organizations across our to vote. We must remember that ‘‘new’’ does assured us that he seeks a system that is fair, country use this technique routinely in interro- not necessarily mean better, and that too often legitimate, and effective. We have just that in gations, and it is past time the Defense De- technology has been adopted before being

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 9920 E:\CR\FM\A08OC7.040 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11140 CONGRESSIONAL RECORD — HOUSE October 8, 2009 properly evaluated for the potential unintended crat leadership in Congress. The ‘‘hate CONFERENCE REPORT ON H.R. 2647, consequences it may cause. crimes’’ language has absolutely nothing to do NATIONAL DEFENSE AUTHORIZA- Chlorofluorocarbons were hailed as an inno- with the funding and equipping of our TION ACT FOR FISCAL YEAR 2010 vation in refrigeration; we’ve since discovered servicemembers, and it is especially unfortu- MOTION TO RECOMMIT that they damaged the ozone layer, so they nate that such a blatant partisan action would Mr. MCKEON. Mr. Speaker, I have a are now banned. Asbestos was hailed for its be taken during a time of war when our na- motion at the desk. insulation properties; we’ve since discovered tion’s sons and daughters are in harm’s way. The SPEAKER pro tempore. Is the that it causes lung disease, so it is now My no vote supports the values, goals, and gentleman opposed to the bill? banned. DDT was hailed as a disease-fighting mission of the United States military. Mr. MCKEON. I am in its current pesticide and its inventor was awarded the Mr. VAN HOLLEN. Mr. Speaker, I rise in form. Nobel Prize; we’ve since discovered it causes support of the 2010 Defense Authorization The SPEAKER pro tempore. The serious harm to living organisms, so it is now Conference Report. Clerk will report the motion to recom- banned. Electronic voting machines were This conference agreement reflects our mit. hailed as making voting easier and more ac- commitment to the national security objectives The Clerk read as follows: cessible; we’ve since learned that in most of the country and demonstrates our support cases their results cannot be reliably and con- Mr. McKeon moves to recommit the con- for our servicemembers and their families. ference report on the bill H.R. 2647 to the sistently verified. Whatever we do to enhance The bill authorizes $680 billion for military committee of conference with instructions the ability of our military and overseas voters personnel, equipment and global operations. to the managers on the part of the House as to vote, we must never implement anything To improve the quality of life for our troops follows: that could compromise the accuracy, integrity, and their families the report provides a 3.9 (1) To not accept any provision that would and security of the vote count. percent military pay raise for personnel and provide for the transfer or release of individ- One key provision in the House version of preserves important health benefits including uals detained at United States Naval Sta- the bill that is not in this conference report is prohibiting fee increases in TRICARE and the tion, Guantanamo Bay, Cuba, as described in a requirement that the Secretary of Defense TRICARE pharmacy program and creating section 1023(d) of the bill as passed by the conduct suicide prevention outreach to every new preventive health care initiatives. House, into the United States or its territories or possessions. Individual Ready Reserve member who has The National Defense Authorization Act cov- done at least one tour in Iraq or Afghanistan. (2) To insist on section 121 of division D of ers a large number of federal employees and the bill as passed by the House (regarding ex- I was astonished to learn that some in the this conference report includes important ben- pansion of eligibility for concurrent receipt Senate objected to this provision on the efit improvements for many of them. The re- of military retired pay and veterans’ dis- grounds of costs. How much would it cost the port includes a provision to allow employees ability compensation). Defense Department to task the Assistant under the FERS system to use unused sick The SPEAKER pro tempore. Without Secretary of Defense for Health Affairs to leave when computing their annuities upon re- objection, the previous question is or- have his staff make phone calls to check up tirement; a provision to allow CSRS workers to dered on the motion to recommit. on IRR members who might be at risk of tak- phase-down to part-time status at the ends of There was no objection. ing their own lives? If we can find tens of mil- their careers without reducing their final annu- The SPEAKER pro tempore. The lions of dollars to buy extra engines for the F– ities; and a provision I introduced that permits question is on the motion to recommit. 35 fighter that the Pentagon doesn’t want, a small number of returned CSRS employees The question was taken; and the there is no excuse for the Congress not to find to receive a reduced annuity rather than being Speaker pro tempore announced that the money to help prevent combat veterans forced to repay interest on their required de- the noes appeared to have it. from killing themselves. posit to the civil service trust fund. Mr. MCKEON. Mr. Speaker, on that I Finally, this bill requires the Government Ac- This FY10 Defense Authorization Con- demand the yeas and nays. countability Office (GAO) to ‘‘submit to the ference Report promotes our national security The yeas and nays were ordered. congressional defense committees separate priorities, provides for our troops and their The SPEAKER pro tempore. Pursu- reports containing assessments of the extent families, and improves oversight, and account- ant to clause 8 and clause 9 of rule XX, to which the campaign plan for Iraq and the ability. this 15-minute vote on the motion to campaign plan for Afghanistan (including the I encourage my colleagues to join me in recommit will be followed by 5-minute supporting and implementing documents for supporting the bill. votes on adoption of the conference re- each such plan) each adhere to military doc- Mr. SKELTON. I yield back the bal- port, if ordered; and motion to suspend trine.’’ Unfortunately, we need far more than a ance of my time. the rules on H. Res. 804. simple assessment as to whether our armed The SPEAKER pro tempore. All time The vote was taken by electronic de- forces are fighting according to established for debate has expired. Pursuant to vice, and there were—yeas 208, nays doctrine. What we need is a critical examina- House Resolution 808, the previous 216, answered ‘‘present’’ 2, not voting 7, tion of whether they should be fighting in Af- question is ordered. as follows: ghanistan at all. Some of us have asked for a Pursuant to clause 1(c) of rule XIX, [Roll No. 769] plan of success or a plan of withdrawal before further proceedings on the conference YEAS—208 sending another wave of soldiers. We have re- report are postponed. ceived no such plan. Aderholt Brown (SC) Diaz-Balart, L. As I’ve stated previously, I will not support Adler (NJ) Brown-Waite, Diaz-Balart, M. f Akin Ginny Donnelly (IN) an endless military commitment in this region. Alexander Buchanan Dreier If a year from now I do not see unambiguous RECESS Altmire Burgess Duncan indicators of success—fewer civilian casual- Austria Burton (IN) Ehlers The SPEAKER pro tempore. Pursu- Bachmann Buyer Emerson ties, Afghan and Pakistani security forces in ant to clause 12(a) of rule I, the Chair Bachus Calvert Fallin the lead on the security mission, genuine declares the House in recess subject to Barrett (SC) Camp Flake progress in rebuilding Afghanistan’s dev- Barrow Cantor Fleming the call of the Chair. astated infrastructure and civil institutions—I Bartlett Cao Forbes Accordingly (at 1 o’clock and 31 min- Barton (TX) Capito Fortenberry will not support further funding for operations utes p.m.), the House stood in recess Biggert Carter Foster and will support only measures that will bring Bilbray Cassidy Foxx subject to the call of the Chair. our forces home, and quickly. Bilirakis Castle Franks (AZ) On balance, this is a good bill and I urge my Bishop (UT) Chaffetz Frelinghuysen f Blackburn Childers Gallegly colleagues to join me in supporting it. Blunt Coble Garrett (NJ) Mr. BUYER. Mr. Speaker, I am very dis- Boccieri Coffman (CO) Gerlach 1447 appointed that I must vote against the con- b Boehner Cole Gingrey (GA) ference report for H.R. 2647, the FY2010 Na- Bonner Conaway Gohmert AFTER RECESS Bono Mack Crenshaw Goodlatte tional Defense Authorization Act, because it Boozman Culberson Granger includes ‘‘hate crimes’’ provisions of H.R. The recess having expired, the House Boren Dahlkemper Graves 1913. The provisions were added by the Sen- was called to order by the Speaker pro Boustany Davis (AL) Griffith Brady (TX) Davis (KY) Guthrie ate in an effort to facilitate the social engineer- tempore (Mr. SERRANO) at 2 o’clock and Bright Deal (GA) Hall (NY) ing and partisan political agenda of the Demo- 47 minutes p.m. Broun (GA) Dent Hall (TX)

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.044 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11141 Harper McCaul Rohrabacher Reyes Scott (VA) Titus Etheridge Lipinski Richardson Hastings (WA) McClintock Rooney Richardson Serrano Tonko Farr LoBiondo Rodriguez Heller McCotter Ros-Lehtinen Rodriguez Sestak Towns Fattah Loebsack Rooney Hensarling McHenry Roskam Rothman (NJ) Shea-Porter Van Hollen Foster Lofgren, Zoe Ros-Lehtinen Herger McIntyre Ross Roybal-Allard Sherman Vela´ zquez Frank (MA) Lowey Ross Hodes McKeon Royce Ruppersberger Shuler Visclosky Frelinghuysen Luetkemeyer Rothman (NJ) ´ Hoekstra McMahon Ryan (WI) Rush Sires Walz Fudge Lujan Roybal-Allard Holden McMorris Scalise Ryan (OH) Skelton Wasserman Gallegly Lungren, Daniel Ruppersberger Salazar Smith (WA) Schultz Giffords E. Hunter Rodgers Schmidt Rush Inglis McNerney Sa´ nchez, Linda Snyder Waters Gonzalez Lynch Schock Ryan (OH) Issa Meeks (NY) T. Speier Watson Gordon (TN) Maffei Sensenbrenner Salazar Sanchez, Loretta Spratt Waxman Grayson Markey (CO) Jenkins Melancon Sa´ nchez, Linda Sessions Sarbanes Stark Weiner Green, Al Markey (MA) Johnson (IL) Mica T. Jones Miller (FL) Shadegg Schakowsky Stupak Welch Green, Gene Marshall Sanchez, Loretta Jordan (OH) Miller (MI) Shimkus Schauer Sutton Wexler Grijalva Massa Sarbanes King (IA) Miller, Gary Shuster Schiff Tanner Wilson (OH) Guthrie Matheson Schakowsky King (NY) Minnick Simpson Schrader Thompson (CA) Woolsey Gutierrez Matsui Schauer Kingston Moran (KS) Smith (NE) Schwartz Thompson (MS) Wu Hall (NY) McCarthy (NY) Kirk Murphy, Tim Smith (NJ) Scott (GA) Tierney Yarmuth Hall (TX) McCollum Schiff Kirkpatrick (AZ) Myrick Smith (TX) Halvorson McCotter Schrader Kline (MN) Neugebauer Souder ANSWERED ‘‘PRESENT’’—2 Hare McDermott Schwartz Kosmas Nunes Space Kucinich Paul Harman McGovern Scott (GA) Scott (VA) Kratovil Nye Stearns Hastings (FL) McKeon Serrano Lamborn Olson Sullivan NOT VOTING—7 Heinrich McMahon Sestak Lance Paulsen Taylor Campbell Maloney Watt Heller McNerney Shea-Porter Latham Pence Teague Carney Slaughter Herseth Sandlin Meek (FL) Sherman LaTourette Perriello Terry Johnson, Sam Tsongas Higgins Meeks (NY) Hill Melancon Sires Latta Peters Thompson (PA) Lee (NY) Peterson Himes Miller (MI) Skelton Thornberry Lewis (CA) Petri Hinchey Miller (NC) Smith (WA) Tiahrt b 1517 Linder Pitts Hinojosa Miller, George Snyder Tiberi LoBiondo Platts Messrs. SCOTT of Georgia, BRALEY Hirono Minnick Space Turner Lucas Poe (TX) of Iowa, ROTHMAN of New Jersey, ED- Hodes Mitchell Speier Upton Luetkemeyer Posey WARDS of Texas, RANGEL, Holden Mollohan Spratt Lummis Price (GA) Walden Holt Moore (KS) Stupak Lungren, Daniel Putnam Wamp PASCRELL, SCHIFF, GUTIERREZ, Honda Moore (WI) Sutton E. Radanovich Westmoreland ISRAEL, Mrs. DAVIS of California, Hoyer Moran (VA) Tanner Mack Rehberg Whitfield Messrs. PASTOR of Arizona, LYNCH, Hunter Murphy (CT) Taylor Manzullo Reichert Wilson (SC) Inslee Murphy (NY) OLVER, Ms. DELAURO and Mr. MEEK Teague Marchant Roe (TN) Wittman Israel Murphy, Patrick Terry Markey (CO) Rogers (AL) Wolf of Florida changed their vote from Jackson-Lee Murtha Thompson (CA) Marshall Rogers (KY) Young (AK) ‘‘yea’’ to ‘‘nay.’’ (TX) Nadler (NY) Thompson (MS) McCarthy (CA) Rogers (MI) Young (FL) Messrs. MCINTYRE, HALL of New Jenkins Napolitano Tiberi Johnson (GA) Neal (MA) York, NYE and BOCCIERI changed Tierney NAYS—216 Johnson, E. B. Nye Titus their vote from ‘‘nay’’ to ‘‘yea.’’ Kagen Oberstar Tonko Abercrombie Doyle Langevin Kanjorski Obey So the motion to recommit was re- Towns Ackerman Driehaus Larsen (WA) Kaptur Olver Turner Andrews Edwards (MD) Larson (CT) jected. Kennedy Ortiz Upton Arcuri Edwards (TX) Lee (CA) The result of the vote was announced Kildee Pallone Van Hollen Baca Ellison Levin as above recorded. Kilpatrick (MI) Pascrell Baird Ellsworth Lewis (GA) Vela´ zquez The SPEAKER pro tempore. The Kilroy Pastor (AZ) Baldwin Engel Lipinski Kind Paulsen Visclosky Bean Eshoo Loebsack question is on the conference report. King (NY) Payne Walden Becerra Etheridge Lofgren, Zoe The question was taken; and the Kirk Pelosi Walz Berkley Farr Lowey Speaker pro tempore announced that Kirkpatrick (AZ) Perlmutter Wasserman Berman Fattah Luja´ n Kissell Perriello Schultz Berry Filner Lynch the ayes appeared to have it. Klein (FL) Peters Waters Bishop (GA) Frank (MA) Maffei RECORDED VOTE Kosmas Pingree (ME) Watson Bishop (NY) Fudge Markey (MA) Watt Mr. SKELTON. Mr. Speaker, I de- Kratovil Platts Blumenauer Giffords Massa Lance Polis (CO) Waxman Boswell Gonzalez Matheson mand a recorded vote. Langevin Pomeroy Weiner Boucher Gordon (TN) Matsui A recorded vote was ordered. Larsen (WA) Price (NC) Wexler Boyd Grayson McCarthy (NY) The SPEAKER pro tempore. This Larson (CT) Quigley Wilson (OH) Brady (PA) Green, Al McCollum Lee (CA) Rahall Woolsey Braley (IA) Green, Gene McDermott will be a 5-minute vote. Lee (NY) Rangel Wu Brown, Corrine Grijalva McGovern The vote was taken by electronic de- Levin Rehberg Yarmuth Butterfield Gutierrez Meek (FL) vice, and there were—ayes 281, noes 146, Lewis (CA) Reichert Young (AK) Capps Halvorson Michaud Lewis (GA) Reyes Young (FL) Capuano Hare Miller (NC) not voting 6, as follows: Cardoza Harman Miller, George [Roll No. 770] NOES—146 Carnahan Hastings (FL) Mitchell Aderholt Carter Goodlatte Carson (IN) AYES—281 Heinrich Mollohan Akin Chaffetz Granger Castor (FL) Abercrombie Brown, Corrine Courtney Herseth Sandlin Moore (KS) Alexander Coble Graves Chandler Ackerman Brown-Waite, Crowley Higgins Moore (WI) Bachmann Coffman (CO) Griffith Chu Adler (NJ) Ginny Cuellar Hill Moran (VA) Bachus Cole Harper Clarke Altmire Butterfield Cummings Himes Murphy (CT) Baird Conaway Hastings (WA) Clay Andrews Calvert Dahlkemper Hinchey Murphy (NY) Barrett (SC) Conyers Hensarling Cleaver Arcuri Cao Davis (AL) Hinojosa Murphy, Patrick Bartlett Crenshaw Herger Clyburn Austria Capito Davis (CA) Hirono Murtha Barton (TX) Culberson Hoekstra Cohen Baca Capps Davis (IL) Holt Nadler (NY) Bilirakis Davis (KY) Inglis Connolly (VA) Baldwin Capuano DeFazio Honda Napolitano Bishop (UT) Davis (TN) Issa Conyers Barrow Cardoza DeGette Hoyer Neal (MA) Blackburn Deal (GA) Jackson (IL) Cooper Bean Carnahan Delahunt Inslee Oberstar Blunt Dreier Johnson (IL) Costa Becerra Carson (IN) DeLauro Israel Obey Boehner Duncan Jones Costello Berkley Cassidy Dent Jackson (IL) Olver Bonner Ehlers Jordan (OH) Courtney Berman Castle Diaz-Balart, L. Jackson-Lee Ortiz Boozman Emerson King (IA) Crowley Berry Castor (FL) Diaz-Balart, M. (TX) Pallone Boren Fallin Kingston Cuellar Biggert Chandler Dicks Johnson (GA) Pascrell Boustany Filner Kline (MN) Cummings Bilbray Childers Dingell Johnson, E. B. Pastor (AZ) Brady (TX) Flake Kucinich Davis (CA) Bishop (GA) Chu Doggett Kagen Payne Bright Fleming Lamborn Davis (IL) Bishop (NY) Clarke Donnelly (IN) Kanjorski Pelosi Broun (GA) Forbes Latham Davis (TN) Blumenauer Clay Doyle Kaptur Perlmutter Brown (SC) Fortenberry LaTourette DeFazio Boccieri Cleaver Driehaus Kennedy Pingree (ME) Buchanan Foxx Latta DeGette Bono Mack Clyburn Edwards (MD) Kildee Polis (CO) Burgess Franks (AZ) Linder Delahunt Boswell Cohen Edwards (TX) Kilpatrick (MI) Pomeroy Burton (IN) Garrett (NJ) Lucas DeLauro Boucher Connolly (VA) Ellison Kilroy Price (NC) Buyer Gerlach Lummis Dicks Boyd Cooper Ellsworth Kind Quigley Camp Gingrey (GA) Mack Dingell Brady (PA) Costa Engel Kissell Rahall Cantor Gohmert Manzullo Doggett Klein (FL) Rangel Braley (IA) Costello Eshoo

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.020 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11142 CONGRESSIONAL RECORD — HOUSE October 8, 2009 Marchant Petri Shimkus FILNER) that the House suspend the McNerney Putnam Smith (TX) McCarthy (CA) Pitts Shuler rules and agree to the resolution, H. Meek (FL) Quigley Smith (WA) McCaul Poe (TX) Shuster Meeks (NY) Radanovich Snyder McClintock Posey Simpson Res. 804. Melancon Rahall Souder McHenry Price (GA) Smith (NE) This will be a 5-minute vote. Mica Rangel Space McIntyre Putnam Smith (NJ) The vote was taken by electronic de- Michaud Rehberg Speier McMorris Radanovich Smith (TX) Miller (FL) Reichert Spratt Rodgers Roe (TN) Souder vice, and there were—yeas 419, nays 1, Miller (MI) Reyes Stark Mica Rogers (AL) Stark not voting 12, as follows: Miller (NC) Richardson Stearns Michaud Rogers (KY) Stearns Miller, Gary Rodriguez [Roll No. 771] Stupak Miller (FL) Rogers (MI) Sullivan Minnick Roe (TN) Sullivan Miller, Gary Rohrabacher Thompson (PA) YEAS—419 Mitchell Rogers (AL) Sutton Moran (KS) Roskam Thornberry Mollohan Rogers (KY) Tanner Murphy, Tim Royce Tiahrt Abercrombie Costello Hoekstra Moore (KS) Rogers (MI) Ackerman Courtney Holden Taylor Myrick Ryan (WI) Wamp Moore (WI) Rohrabacher Teague Neugebauer Scalise Welch Aderholt Crenshaw Holt Moran (KS) Rooney Terry Nunes Schmidt Westmoreland Adler (NJ) Crowley Honda Moran (VA) Ros-Lehtinen Thompson (CA) Olson Schock Whitfield Akin Cuellar Hoyer Murphy (CT) Roskam Thompson (MS) Paul Sensenbrenner Wilson (SC) Alexander Culberson Hunter Murphy (NY) Ross Thompson (PA) Pence Sessions Wittman Altmire Dahlkemper Inglis Murphy, Patrick Rothman (NJ) Thornberry Peterson Shadegg Wolf Andrews Davis (AL) Inslee Murphy, Tim Roybal-Allard Tiahrt Arcuri Davis (CA) Israel Murtha Royce Tiberi NOT VOTING—6 Austria Davis (IL) Issa Myrick Ruppersberger Tierney Campbell Johnson, Sam Slaughter Baca Davis (KY) Jackson (IL) Nadler (NY) Rush Titus Carney Maloney Tsongas Bachmann Davis (TN) Jackson-Lee Napolitano Ryan (OH) Bachus Deal (GA) (TX) Neal (MA) Ryan (WI) Tonko ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Baird DeFazio Jenkins Neugebauer Salazar Towns The SPEAKER pro tempore (during Baldwin DeGette Johnson (GA) Nunes Sa´ nchez, Linda Turner Barrett (SC) Delahunt Johnson (IL) Nye T. Upton the vote). There are 30 seconds left in Barrow DeLauro Johnson, E. B. Oberstar Sanchez, Loretta Van Hollen ´ this vote. Bartlett Dent Jones Obey Sarbanes Velazquez Barton (TX) Diaz-Balart, L. Jordan (OH) Olson Scalise Visclosky b 1524 Bean Diaz-Balart, M. Kagen Olver Schauer Walden So the conference report was agreed Becerra Dicks Kanjorski Ortiz Schiff Walz Berkley Dingell Kaptur Pallone Schmidt Wamp to. Berman Doggett Kennedy Pascrell Schock Wasserman The result of the vote was announced Berry Donnelly (IN) Kildee Pastor (AZ) Schrader Schultz as above recorded. Biggert Doyle Kilpatrick (MI) Paul Schwartz Waters Bilbray Dreier Kilroy Watson A motion to reconsider was laid on Paulsen Scott (GA) Bilirakis Driehaus Kind Payne Scott (VA) Watt the table. Bishop (GA) Duncan King (IA) Pence Sensenbrenner Waxman The SPEAKER pro tempore. Pursu- Bishop (NY) Edwards (MD) King (NY) Perlmutter Serrano Weiner ant to section 2 of House Resolution Bishop (UT) Edwards (TX) Kingston Perriello Sessions Welch Blackburn Ehlers Kirk Peters Sestak Westmoreland 808, House Concurrent Resolution 196 is Blumenauer Ellison Kirkpatrick (AZ) Peterson Shadegg Wexler hereby adopted. Blunt Ellsworth Kissell Petri Shea-Porter Whitfield The text of the concurrent resolution Boccieri Emerson Klein (FL) Pingree (ME) Sherman Wilson (OH) Boehner Engel Kline (MN) is as follows: Pitts Shimkus Wilson (SC) Bonner Eshoo Kosmas Platts Shuler Wittman H. CON RES. 196 Bono Mack Etheridge Kratovil Poe (TX) Shuster Wolf Boozman Fallin Kucinich Polis (CO) Simpson Woolsey Resolved by the House of Representatives (the Boren Farr Lamborn Senate concurring), That, in the enrollment of Pomeroy Sires Wu Boswell Fattah Lance Posey Skelton Yarmuth the bill H.R. 2647, the Clerk of the House of Boucher Filner Langevin Price (GA) Smith (NE) Young (AK) Representatives shall make the following Boustany Flake Larsen (WA) Price (NC) Smith (NJ) Young (FL) corrections in section 2823(b): Boyd Fleming Larson (CT) (1) Strike ‘‘PROPERTY AND LEASE OF NON- Brady (PA) Forbes Latham NAYS—1 Brady (TX) Fortenberry LaTourette EXCESS PROPERTY’’ and all that follows Buyer Braley (IA) Foster Latta through ‘‘(1) in subsection (e),’’ and insert Bright Foxx Lee (CA) NOT VOTING—12 ‘‘PROPERTY.—Subsection (e) of such section Broun (GA) Frank (MA) Lee (NY) Campbell Herger Miller, George is amended’’. Brown (SC) Franks (AZ) Levin Carney Johnson, Sam Schakowsky (2) Strike ‘‘; and’’ at the end of paragraph Brown, Corrine Frelinghuysen Lewis (CA) Cummings Linder Slaughter Brown-Waite, Fudge Lewis (GA) (1) and insert a period. Hastings (WA) Maloney Tsongas (3) Strike paragraph (2) and the amend- Ginny Gallegly Lipinski ment made by that paragraph. Buchanan Garrett (NJ) LoBiondo Burgess Gerlach Loebsack b 1531 f Burton (IN) Giffords Lofgren, Zoe So (two-thirds being in the affirma- Butterfield Gingrey (GA) Lowey ANNOUNCEMENT BY THE SPEAKER Calvert Gohmert Lucas tive) the rules were suspended and the PRO TEMPORE Camp Gonzalez Luetkemeyer resolution was agreed to. Cantor Goodlatte Luja´ n The result of the vote was announced The SPEAKER pro tempore. Without Cao Gordon (TN) Lummis as above recorded. objection, 5-minute voting will con- Capito Granger Lungren, Daniel Capps Graves E. A motion to reconsider was laid on tinue. Capuano Grayson Lynch the table. There was no objection. Cardoza Green, Al Mack f f Carnahan Green, Gene Maffei Carson (IN) Griffith Manzullo PROVIDING FOR CONCURRENCE BY Carter Grijalva Marchant PERSONAL EXPLANATION Cassidy Guthrie Markey (CO) HOUSE WITH AMENDMENT IN Castle Gutierrez Markey (MA) Ms. SLAUGHTER. Mr. Speaker, I was un- SENATE AMENDMENT TO H.R. Castor (FL) Hall (NY) Marshall avoidably detained and missed rollcall vote 1016, VETERANS HEALTH CARE Chaffetz Hall (TX) Massa Nos. 769, 770, and 771. Had I been present, BUDGET REFORM AND TRANS- Chandler Halvorson Matheson I would have voted ‘‘nay’’ on rollcall vote 769, Childers Hare Matsui PARENCY ACT OF 2009 Chu Harman McCarthy (CA) ‘‘aye’’ on 770 and ‘‘yea’’ on 771. The SPEAKER pro tempore. The un- Clarke Harper McCarthy (NY) f Clay Hastings (FL) McCaul finished business is the vote on the mo- Cleaver Heinrich McClintock tion to suspend the rules and agree to Clyburn Heller McCollum PERSONAL EXPLANATION the resolution, H. Res. 804, on which Coble Hensarling McCotter Ms. TSONGAS. Mr. Speaker, due to my Coffman (CO) Herseth Sandlin McDermott the yeas and nays were ordered. Cohen Higgins McGovern daughter’s wedding I was absent from the The Clerk read the title of the resolu- Cole Hill McHenry House of Representatives on October 7th and tion. Conaway Himes McIntyre October 8th. As a result, I was unable to cast The SPEAKER pro tempore. The Connolly (VA) Hinchey McKeon a vote on rollcall votes Nos. 756 to 771. Conyers Hinojosa McMahon question is on the motion offered by Cooper Hirono McMorris Had I been present, I would have voted the gentleman from California (Mr. Costa Hodes Rodgers ‘‘yea’’ on the following rollcall

VerDate Nov 24 2008 03:10 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 9920 E:\CR\FM\A08OC7.037 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11143 votes: Nos. 756, 757, 758, 759, 760, 761, 762, LEGISLATIVE PROGRAM 72 hours’ notice of the bill and a man- 763, 764, 765, 766, 767, 768, 770, and 771, (Mr. CANTOR asked and was given ager’s amendment. I want to clarify and ‘‘nay’’ on rollcall vote No. 769. permission to address the House for 1 that. If they both come out at the same minute.) time, it will be one 72-hour period. If f Mr. CANTOR. Mr. Speaker, I yield to for any reason they come out sepa- the gentleman from Maryland, the ma- rately, then we will make sure that the MESSAGE FROM THE PRESIDENT jority leader, for the purpose of an- last issued will have 72 hours before we A message in writing from the Presi- nouncing next week’s schedule. put the bill out on the floor. dent of the United States was commu- Mr. HOYER. I thank the gentleman In light of that, my expectation is certainly the bill will not be on the nicated to the House by Mrs. Wanda for yielding. floor either the next week or early in Evans, one of his secretaries. On Monday, the House will not be in session. On Tuesday, the House will the following week. The earliest, in my f meet at 12:30 p.m. for morning-hour de- opinion, the bill could be on the floor bate and 2 p.m. for legislative business would be the latter part of the second week from now. 1530 with votes postponed until 6:30 p.m. On b Mr. CANTOR. I thank the gentleman. Wednesday and Thursday, the House So if I hear correctly, we’re talking CERTIFICATION OF APPLICABLE will meet at 10 a.m. for legislative about the final week of this month at WAIVER WITHIN THE MEANING business. On Friday, the House will the earliest. OF THE CLEAN DIAMOND TRADE meet at 9 a.m. for legislative business. Mr. HOYER. I think that would be ACT—MESSAGE FROM THE We will consider several bills under the earliest, as a practical matter, that PRESIDENT OF THE UNITED suspension of the rules. The complete we could put the bill on the floor with STATES (H. DOC. NO. 111–67) list of suspension bills will be an- the notice that we have indicated we’re nounced by the close of business to- The SPEAKER pro tempore (Mr. going to give and, of course, with the morrow, as is the custom. POLIS) laid before the House the fol- CBO score. In addition, we will consider H.R. lowing message from the President of Mr. CANTOR. I thank the gentleman 2442, the Bay Area Regional Water Re- the United States; which was read and for that. cycling Program Expansion Act of 2009; referred to the Committee on Ways and I would ask the gentleman, Mr. the conference report on H.R. 2892, the Speaker, about some statement that Means and the Committee on Foreign Department of Homeland Security Ap- the Speaker made indicating how the Affairs and ordered to be printed: propriations Act of 2010; and quite pos- reimbursement rates would work and To the Congress of the United States: sibly, assuming the conference is com- whether there is clarity on that or not The Clean Diamond Trade Act (Pub- pleted, the conference report on H.R. yet. I think the Speaker had asked the lic Law 108–19) (the ‘‘Act’’) authorizes 2996, the Department of the Interior, question rhetorically whether Medi- the President to ‘‘prohibit the importa- Environment, and Related Agencies care rates would be the reimbursement tion into, or exportation from, the Appropriations Act. rates in the bill, and any kind of en- United States of any rough diamond, Mr. CANTOR. I thank the gentleman. lightenment that he can shed on that, from whatever source, that has not I would also like to thank the gen- I’d appreciate it. been controlled through the Kimberley tleman for his courtesy and his time in I yield. Process Certification Scheme.’’ The meeting with me earlier today in the Mr. HOYER. At this point in time, Act takes effect on the date that the discussion of health care, and I’m hope- these are still under discussion, and, President certifies to the Congress that ful that that discussion was fruitful therefore, I don’t have a specific an- (1) an applicable waiver that has been and that we could see a dialogue con- swer for the gentleman. But the Speak- granted by the World Trade Organiza- tinue towards some type of working reer’s comments, I think, spoke to the tion (WTO) is in effect, or (2) an appli- lationship in the areas that we can fact that they are still under discus- cable decision in a resolution adopted agree on. So I do thank the gentleman. sion. by the United Nations Security Council At this time, Mr. Speaker, I would Mr. CANTOR. Mr. Speaker, I would pursuant to Chapter VII of the Charter like to ask the gentleman some of the say, again, the gentleman and I had discussed in general the opposition to of the United Nations is in effect. The things we didn’t cover in the meeting, the public option that we have on this Act remains in effect during those peri- and that is, first off, the timing of any side, and I would just like to ask the ods in which, as certified by the Presi- kind of health care bill reaching the gentleman again, given the Speaker’s dent to the Congress, such an applica- floor of this House and whether he ble waiver or decision is in effect. comments about reimbursement rates, could provide any clarity on that. Medicare rates, whether the public op- On July 29, 2003, the President cer- I yield. tion is still where the Speaker and he tified that the WTO General Council Mr. HOYER. I thank the gentleman are in terms of what a House bill would had adopted a decision granting a waiv- for yielding, and I thank him for com- look like given where the Senate is. er pursuant to Article IX of the Marra- ing by my office and spending time in I yield. kesh Agreement Establishing the discussion. Mr. HOYER. I thank the gentleman World Trade Organization concerning As the gentleman knows, health care for yielding. the Kimberley Process Certification has been the focus of this Congress for In terms of where the Speaker and I Scheme for rough diamonds. The waiv- much of our present session; three are, we have been consistently for, as er applies to the United States and committees have completed their you know, a public option. The Speak- other WTO members that requested the work, ongoing discussions about how er and I continue to be for a public op- waiver and to any WTO member that to put the work product of the three tion, as is the President, and we believe notifies the WTO of its desire to be cov- individual committees together. The the majority of the House is for that. ered by the waiver. The waiver was Senate Finance Committee is, we I will tell the gentleman that I think scheduled to have effect from January think, going to vote on theirs next that in terms of the reimbursement 1, 2003, through December 31, 2006. On week. The Senate Health, Education, rates, as I said, that’s still under dis- December 19, 2006, the WTO General Labor, and Pensions Committee has re- cussion, but I think there is consensus Council adopted a decision to extend ported out a bill. So we have five com- that a public option is something, as the waiver through December 31, 2012. mittees that have essentially com- the President has indicated, as we have I hereby certify that an applicable pleted their work. There will be, obvi- indicated, that will provide a competi- waiver, within the meaning of the Act, ously, once the bills are put together tive model to both bring prices down granted by the World Trade Organiza- and all the suggestions are incor- and to protect consumers. So I think tion has been in effect since January 1, porated, a necessity to get a score from the answer is that that’s certainly still 2003, and will remain in effect through CBO. We expect that to take at least a part of our plan. December 31, 2012. week, 7 days, maybe more. Mr. CANTOR. I thank the gentleman BARACK OBAMA. In addition to that, the Speaker and for that. And again, he and I have dis- THE WHITE HOUSE, October 8, 2009. I have both indicated that there will be cussed the differences that the sides

VerDate Nov 24 2008 03:10 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\A08OC7.061 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11144 CONGRESSIONAL RECORD — HOUSE October 8, 2009 have philosophically and about Medi- thing that we would very much like to I said, the major issue that we’re fo- care rates being the prevailing rate in see included in the conference report. cused on. We think it’s critically im- terms of required coverage, which I do know, Mr. Speaker, that the portant for the American people to would essentially mean, in our opinion, Senate just adopted in the Defense ap- have access to affordable, quality that we will be on a path to a single- propriations bill that they are delib- health care, which is our objective. As payer system, something that cer- erating upon that no funds would be al- a result, that second week we haven’t tainly our Members would not want to located or appropriated for the transfer given it away yet, but my expectation see. of those detainees, by an overwhelming is that we probably will not be meeting But I thank the gentleman for shar- vote. that week. My expectation is also—and ing, and we look forward to perhaps So I would ask the gentleman, should my plan will be—not to meet Thanks- working on those parts or, if we could, we expect that language, the House- giving week. I think people ought to be just items that we can agree on, again, passed language, to be in the con- home during Thanksgiving week and, if the public option begins to have ference report that would come to the again, I make the caveat as to where trouble. So, again, I thank the gen- floor? we may be on health care. tleman. Mr. HOYER. Of course, the con- Now of course if we can get unani- If I could, Mr. Speaker, turn to the ference hasn’t been held so I don’t want mous consent to put it on a consent question of foreign policy and where we to predict what’s going to be in there calendar and pass it, maybe we can are in terms of the bill coming from or not. I will tell the gentleman, as the shorten the time. But absent that, I the Foreign Affairs and Financial Serv- gentleman knows, the authorization want to make sure that we all under- ices Committees. bill, the conference report that we just stand that if health care, for instance, Last week, Mr. Speaker, the gen- passed does have within it, as you was being considered that third week and we had to move into Saturday or tleman had said that the White House know, a prohibition on the release of Monday to pass it, we might do that. was engaging in discussions with China Guantanamo detainees in the United States, territories, and possessions. In But again, I reiterate that for No- and Russia, that perhaps that was why vember, my expectation is first and the bill would not be moving forward. addition, it restricts detainee transfers to the United States or its territories third week probably here at least Tues- This, again, is the Iran Refined Petro- or possessions until 45 days after the day through Friday of each week, and leum Sanctions Act. And to paraphrase President has submitted a plan to Con- with respect to the second week, prob- the gentleman, Mr. Speaker, I would gress certifying that the detainees will ably not here and the fourth week say that the gentleman indicated that pose little or no threat or risk to the probably not here. Mr. BERMAN will be talking to the United States if transferred. That lan- Having said that, you asked for the White House about timing. guage we just passed. balance of the year. I yield to find out whether we have Now, I can’t predict whether the ap- Again, it will depend upon whether any clarity on that and when that bill propriations conference will track that we can complete our work within those will be coming to the floor. language or will have different lan- 2 months. If we can’t, we will clearly be Mr. HOYER. I thank the gentleman guage such as the language to which here in December. Again, as someone for yielding. you just referred. But I expect there to who has served here a long time and I have talked to Mr. BERMAN. He is in be language on that issue. has seen us meet as late as December discussions with the White House. Both Mr. CANTOR. I thank the gentleman. 23 or 24, I think that’s not good for our you and I are strong supporters of the I would just note as well that the families, it’s not good for the Members, legislation, as is Mr. BERMAN. My ex- House-passed language in the Home- and I certainly am not one that looks pectation is he has indicated that he land Security bill also had a provision forward to that, and I am going to do wants to consider this bill and bring it lacking in the bill we just passed which everything I can to make sure that we to the floor, and I have told him that had to do with States’ ability to veto a get our work done no later than the as soon as it’s ready to come to the decision to transfer detainees—some- end of the second week of December. floor, I will schedule it for the floor. thing very much, I would say to the Mr. CANTOR. Mr. Speaker, I thank In addition, I will tell the gentleman gentleman, our Members would like to the gentleman for his time, and I yield back the balance of my time. that it is possible that we will have the see in the bill that comes to the floor sanctions bill out of the Financial next week on the Homeland Security f Services Committee. As you know, appropriations bill. HOUR OF MEETING ON TOMORROW there are two different bills. The Ber- I would just like to lastly turn to the Mr. HOYER. Mr. Speaker, I ask man bill is the stronger of the two. But issue of the remainder of the year and unanimous consent that when the we may well move next week, may the calendar and what Members can ex- House adjourns today, it adjourn to move next week, on the Financial pect as far as November is concerned. meet at 10 a.m. tomorrow, and further, Services sanction bill, which deals Today is October 8. The House is when the House adjourns on that day, with, obviously, financial transactions. scheduled to adjourn at the end of this it adjourn to meet at 12:30 p.m. on b 1545 month on October 30, and I was hoping Tuesday next for morning-hour debate. that the gentleman could give us a bet- The SPEAKER pro tempore. Is there My expectation is Mr. BERMAN is ter sense of the session that we will ex- objection to the request of the gen- looking at this and does hope and expect in November. pect to bring this bill out either at the tleman from Maryland? And I yield. There was no objection. very latter part of a couple weeks from Mr. HOYER. I thank the gentleman now or perhaps the first week in No- for yielding. f vember. But I know he’s very much en- As I have said before, my expectation HONORING CAPTAIN BENJAMIN A. gaged in this, and we very much sup- is that Members ought to be planning SKLAVER port moving on this. on at least 4-day weeks in the first (Ms. DELAURO asked and was given Mr. CANTOR. I thank the gentleman week in November and the third week permission to address the House for 1 for that. in November. As the gentleman knows, minute and to revise and extend her re- Mr. Speaker, the gentleman has no- Veterans Day falls in the middle of the marks.) ticed that the Homeland Security ap- second week of November, and my be- Ms. DELAURO. Mr. Speaker, I rise to propriations bill is coming to the floor lief is it’s going to be very difficult to commemorate the life and mourn to- next week. Reports have indicated that get Members back for a day and a gether with his family the death of perhaps some of the trouble sur- half—and very impractical and costly— Captain Benjamin A. Sklaver of Ham- rounding bringing that bill to the floor then to have to go back for Veterans den, Connecticut, who served his coun- deals with the language of dealing with Day and then probably not come back try and the neediest people of the the detainees at Guantanamo Bay and doesn’t seem to be a very useful use of world honorably. their transfer. And as the gentleman time. Captain Sklaver was killed in an am- knows, Republican-sponsored language But I have caveated that with the bush last Friday while on patrol in Af- that was adopted by the House is some- issue of health care. Health care is, as ghanistan. Struck down at the age of

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.057 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11145 32, he leaves behind a legacy of human- cans losing their health care every day, brand-name prescription drugs to sen- itarian works and honorable deeds that to provide them affordable, accessible iors who fall into that doughnut hole. would do any man or woman proud. Be- health care in the future. H.R. 3200 also makes great strides in fore serving in Afghanistan as an Army It’s time to address an issue of our improving the care Medicare patients reservist, Ben had worked for the Cen- ideals, and that is the repeal of ‘‘don’t receive. It includes provisions that enters for Disease Control as an inter- ask, don’t tell’’ in the military that courage doctors to spend more time national emergency and refugee health discriminates against gays. with their patients and to check up analyst. And he was the cofounder and I served 31 years in the military and with them more frequently. Account- director of ClearWater Initiative, an rose to be a three-star admiral. I went able care organizations and medical organization which aspired to provide to war, and we knew by public survey homes in the bill will promote coordi- clean drinking water to refugees dis- that those who went with me, a certain nation of care amongst the different placed by an international emergency. percentage, were gay. How could I, or health care professionals and result in In the past 2 years, his leadership at anyone, come home and say they don’t better health care outcomes for Medi- ClearWater had managed to provide now deserve equal rights? It’s time, Mr. care patients. over 6,500 people in Uganda with clean President and this Congress, to hold up I am proud to support this bill and drinking wells. a national mirror and say that’s not encourage my colleagues to do the To the thousands of lives he changed who we are; we are better than that, same in Uganda, Ben was known as ‘‘Moses and repeal ‘‘don’t ask, don’t tell’’ this f year. Ben.’’ But to his grieving family—his FLAWED HEALTH CARE REFORM parents, Gary and Laura; his siblings, f Anna and Samuel; his fiancee, Beth; (Mr. GINGREY of Georgia asked and THREE DAYS her son, Danny; and her parents, Bar- was given permission to address the bara and Jimmy Segaloff—he was sim- (Mrs. BACHMANN asked and was House for 1 minute and to revise and ply Ben, a warm, kind, generous, and given permission to address the House extend his remarks.) loving young man with so much life for 1 minute.) Mr. GINGREY of Georgia. Mr. Speak- ahead of him taken from all of us too Mrs. BACHMANN. Mr. Speaker, er, I appreciate Secretary Sebelius soon. today the majority leader just com- coming to the Capitol yesterday to Connecticut mourns and America mitted himself and the Speaker of the meet with the Republican Study Com- mourns this family’s loss today. House to giving the public and Mem- mittee. And I asked the Secretary if the President intended to keep the f bers of Congress 72 hours—or 3 days—to read the bill that will require the gov- promises he made on health care, spe- FACTS ABOUT THE DEMOCRATS’ ernment takeover of health care. Three cifically if he will stick by his pledge HEALTH CARE PLANS days. How magnanimous of them. A not to sign a reform plan that would (Mr. SMITH of Texas asked and was bill that will destroy America’s health add a dime to the deficit; ease access to given permission to address the House care system, and doctors, nurses, hos- taxpayer funds for illegal immigrants; for 1 minute and to revise and extend pitals, clinics, insurance companies, reduce Medicare benefits to our sen- his remarks.) families, and individuals will have 3 iors; or cause anyone who is happy Mr. SMITH of Texas. Mr. Speaker, whole days to read this bill and then with the coverage they currently have here are some facts about the Demo- call their Member of Congress to weigh to lose it. crats’ health care bills: They reduce in. Three months to read this bill Secretary Sebelius gave no response benefits for seniors, according to the would be an abbreviated amount of regarding the first three pledges but on Congressional Budget Office; young time. the fourth, she said it is impossible to people, and perhaps most others, pay This bill will soon become Medicare guarantee Americans can keep the higher premiums for health insurance, for all. Medicare, as we know, will be health coverage they now have. according to nonpartisan analysts; just bankrupt inside of 8 years, and as the Mr. Speaker, this underscores how because you like your health care in- ship is taking on water and sinking, flawed this reform plan is. The vast surance does not mean you can keep it, this Congress wants to pour more majority of Americans are happy with according to the Congressional Budget water into the boat. And they think the health care coverage they cur- Office; if you don’t buy the insurance it’s magnanimous to give us 3 days to rently have. Certainly we need reform policy the government requires, you read the bill? Please. Three months for those Americans for whom the sys- pay an excise tax of almost $2,000, ac- would be a minimum. tem is not working, but we shouldn’t force as many as a hundred million per- cording to legislative language; and the f cost of health care increases—not de- sons into a government-run health care HEALTH INSURANCE REFORM creases—according to the Congres- plan. H.R. 3200 would do exactly that. WILL HELP SENIORS sional Budget Office. And none of the We can do better. plans contains language, known as (Mr. TONKO asked and was given f ‘‘tort reform,’’ to reduce frivolous law- permission to address the House for 1 b 1600 suits against medical personnel. minute and to revise and extend his re- Mr. Speaker, let’s give the American marks.) HEALTH CARE REFORM AND people the facts about the Democrats’ Mr. TONKO. Mr. Speaker, I would BALANCING THE BUDGET health care proposals. If we do, they like to take a moment to talk about (Mr. BURTON of Indiana asked and will insist that we start over and get it how the health insurance reform will was given permission to address the right. help our Nation’s seniors. House for 1 minute and to revise and f We have all heard about the dreaded extend his remarks.) Medicare part D doughnut hole—the Mr. BURTON of Indiana. Madam IT IS TIME TO REPEAL ‘‘DON’T gap in prescription drug coverage that Speaker, I ran into one of my constitu- ASK, DON’T TELL’’ 7,300 seniors a year in my congressional ents last week, a fellow named Jim (Mr. SESTAK asked and was given district alone face. Seniors who fall in Byers, and he said, You know, if you permission to address the House for 1 the doughnut hole must cover the full guys could balance the budget, I’ll bet minute.) cost of their prescription drugs, forcing you could reach an agreement on Mr. SESTAK. Mr. Speaker, the Presi- many to cut back on their prescription health care. And he said, Why don’t dent correctly addressed the cratering use. you talk to your Democrat colleagues of our economy at the beginning of his H.R. 3200 fills in the doughnut hole, about giving a guarantee that they’ll administration. And while it’s intense, shrinking it over several years until balance the budget in a reasonable it’s no longer intensifying, and we’re there is no interruption in prescription length of time? And if they’ll do that on the road to economic recovery. drug coverage for our seniors. Until the then you’ll probably be able to work He then took on health care reform, doughnut whole is completely filled, out the health care differences that which was correct, with 14,000 Ameri- H.R. 3200 also offers discounts on you have.

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.059 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11146 CONGRESSIONAL RECORD — HOUSE October 8, 2009 And so I got today the figures on the outlays increased by over $530 billion (18%), woman from California (Ms. WOOLSEY) Baucus bill coming out of the Senate, in fiscal year 2009. About $245 billion of the is recognized for 5 minutes. $487 billion in new taxes, and probably spending increase resulted from outlays for (Ms. WOOLSEY addressed the House. a couple of trillion dollars over the TARP. Her remarks will appear hereafter in next 10 years. So I’d just like to say to Since the fall of 2008, Congress has spent: the Extensions of Remarks.) my colleagues on the Democrat side of TARP—Original Cost: $700 Billion. f the aisle, let’s get together and figure Democrat Stimulus: Base Cost = $787 bil- HOMEBUYER TAX CREDIT out a way to balance the budget. And if lion; Stimulus: Cost with Interest = $1.1 trillion. PROGRAM we can do that, then we could solve the FY 2009 Omnibus: Total Spending: $410 problem of health care. billion. The SPEAKER pro tempore. Under a All of us who are privileged to serve in this FY 2009 Defense Supplemental: $105.9 Bil- previous order of the House, the gen- Chamber are deeply involved in the nation- lion. tleman from Washington (Mr. wide debate on health care. State Children’s Health Insurance (SCHIP) MCDERMOTT) is recognized for 5 min- Currently, the Democrat Majority in Con- Reauthorization: $73.3 Billion. utes. gress is trying to craft a single health insur- This time around, the Majority is trying to Mr. MCDERMOTT. Madam Speaker, ance reform bill from the bits and pieces of ram through a health care reform bill that—by my hometown newspaper, The Seattle four competing alternatives not to mention some estimates will cost upwards of $1 trillion Times, published a front page story the President Obama’s ‘‘plan’’ which has never over the next 10 years. How does this level of other day under the headline, ‘‘First- been put on paper. spending square with the goal of balancing the time Buyers Ignite Home Sales.’’ The At the moment we do not know what, if any- budget? bottom line is that the $8,000 tax credit thing, the House of Representatives will vote It can’t be done, unless of course, we are for first-time homebuyers is working on. I have made my views clear. I have said prepared to raise taxes or cut Medicare to the and should, at a minimum, be extended over and over on this Floor and in my town tune of $500 billion. before it expires at the end of Novem- hall meetings that I will not support, and I will I agree with Mr. BYERS. We have to start ber. Some experts even suggest expand- strongly work to defeat the House Democrats’ taking concrete steps to balance the budget. I ing the program to anyone buying a government take-over. sincerely believe that if the Democrats commit home. And that’s worth considering. Here are some straightforward reasons why to balancing the budget then a bipartisan The tax credit was included in the I oppose the bill: agreement on health care reform can be American Recovery and Reinvestment Health care costs will go up for the govern- achieved. Act that the President signed into law ment and everyone else. If not, and they continue to walk down the in February. It had an almost imme- As many as 2 out of 3 Americans will lose path of dismantling our Nation’s current health diate and positive impact on the U.S. their current health coverage and be forced insurance system without any regard to the housing market, and the data proves it. into the government-run plan. This chart shows that in March, the Raising taxes on small businesses is the Federal budget and future deficits, I will fight them every step of the way. housing was still in free fall. But in wrong solution for an economy in a recession. April, when the tax credit began to The new government run plan will lead to We need to start talking about the other half of the health care debate—the budget. If we take hold, we see the beginning of a fewer choices and rationing. steady increase in home sales through I support health care reform that would ex- move forward on health care reform without any solid commitment to balancing the budget August, the last month for which fig- pand opportunities for small businesses to ures are available. The tax credit has band together to purchase high-quality health we are most certainly doomed to a future of uncontrollable deficits. made homeownership a reality for care for their employees at more affordable thousands of decent, hardworking prices, and medical liability reform legislation f Americans. Extending it makes finan- to eliminate expensive defensive medicine. GAY RIGHTS AGENDA cial sense, economic sense, and it espe- Unfortunately these proposals have been (Mr. GOHMERT asked and was given cially makes middle class sense. blocked. If either of these two proposals were Across America, prices are stabi- permission to address the House for 1 law today, we would be starting at a very dif- lizing, and the inventory of homes for minute.) ferent place with health reform. sale is trending downward toward a What the House Democrats are proposing Mr. GOHMERT. Well, we’ve done it. point where market forces do not favor goes far beyond fixing the problems we all Today was a landmark day. This body either the buyer or the seller. When know need to be addressed. The House bill is took the body of our military and at- people buy homes, they purchase appli- a complete upheaval of our current system. tached to that body, as they were ances and curtains and a whole list of That is why the bill lacks bipartisan support. fighting, a gay rights agenda. I say durable goods, so the positive impact of As the Democrats in Congress choose to ‘‘gay rights agenda’’ about this hate the local economy is more than just focus the debate about health care reform on crimes bill because there is already a the actual purchase. It supports other creating a government run health plan, they hate crimes bill. It was part of the 1968 jobs. are ignoring another important issue that di- Civil Rights Act. It included things The program is working for Amer- rectly relates to health care reform. like race, creed, color, national origin. ica’s families and for America. During That is the issue of balancing the budget, So that was there already. the Congressional debate last winter which has not been given much attention in So what we have done indicates this the National Association of Realtors this debate by the Democrat Majority. This has body has no shame. You know, we will forecast that the first-time homebuyer not gone unnoticed in my Congressional Dis- take our military fighting for us, and tax credit would generate a half a mil- trict. attach a gay rights agenda to get it ac- lion homes. The actual number is 1.4 Earlier this week, one of my constituents complished. You know, what’s next? million homes. And that benefits local named Jim Byers stopped me to talk about Where else do we go? What shame is governments too because of real estate what we are doing here in Congress to bal- there left? I guess there’s more to be and other local taxes that help pay for ance the budget. seen. Sadly, I did not have an answer for him. For vital community services like police now, it looks as if this Congress has decided f and fire. to take the issue of balancing the budget off SPECIAL ORDERS If the program is extended and possibly expanded, there is new forecast of the table. The SPEAKER pro tempore (Ms. The non-partisan Congressional Budget Of- the impact, and it’s very impressive. MARKEY of Colorado). Under the Speak- fice on Wednesday said that the deficit for fis- The second chart shows what can hap- er’s announced policy of January 6, pen if we keep going a little longer and cal year 2009 totaled about $1.4 trillion, a 2009, and under a previous order of the $950 billion increase over the shortfall posted jobs and wages across the country, in- House, the following Members will be cluding my State, and the congres- in fiscal year 2008. recognized for 5 minutes each. The deficit now represents 9.9 percent of sional district, the U.S. would expect the gross domestic product. f 347,000 jobs with wages of $16 billion; While revenues were down nearly $420 bil- The SPEAKER pro tempore. Under a Washington State, 8,000 jobs, with $375 lion (17%) below receipts in fiscal year 2008, previous order of the House, the gentle- million in wages.

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.061 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11147 The first-time homebuyer credit has dier general with the command of all tleman from North Carolina (Mr. nurtured a fragile housing market to the American Cavalry; and after train- JONES) is recognized for 5 minutes. better health in just 6 months. Even if ing American troops for a year, Wash- Mr. JONES. Madam Speaker, in each you’re not buying a house, you benefit ington approved the formation of an Congress since 2001, I have introduced because the housing market is one of independent corps of cavalry, and Pu- legislation aimed at giving the Marine the underpinnings of our entire econ- laski’s Legion became the training Corps the recognition it deserves as omy and is the largest asset for fami- ground for American Cavalry officers one of the official branches of the mili- lies. So rebuilding the housing market like ‘‘Light Horse’’ Harry Lee, the fa- tary. This year I introduced H.R. 24, a helps us rebuild the economy. ther of Robert E. Lee. Once a British bill to redesignate the Department of As you can see, there are pending officer called Pulaski’s Legion simply, the Navy as the Department of the home sales. In this last chart you can ‘‘the best damn cavalry the rebels ever Navy and Marine Corps. With much clearly see that the tax credit is taking had.’’ support, 309 Members of the House the housing market and America in the Then later, when World War II began, joined me in this effort. The language right direction. But this positive news Hitler first invaded Poland. That hap- was passed earlier this year by the will be threatened if we don’t take ac- pened 70 years ago this past September. House as part of the House version of tion now. If it takes 60 days for a mort- Poland was occupied by the tyranny of H.R. 2647, this year’s National Defense gage application to be processed, we Nazism. The horror that was Auschwitz Authorization Act. are nearing the end by November 30. was in Poland at a place where Jews, I must say that I am very pleased and The tax credit is the foundation of the musicians, writers, Poles and other honored by the group of people that fragile housing market recovery that peoples died horrible deaths. There have supported this legislation. The we are expecting to see across this were many concentration camps in Po- Fleet Reserve Association, the VFW, country. land, Auschwitz being the largest and the National Marine League and the Now is not the time to mess with suc- most infamous of these extermination Marine Corps Parents have been so cess. The homebuyer tax credit works, camps. Jews and others were worked to busy urging their Senators to support and it keeps it working by extending death. This policy was called the this bill, and I want to thank them for the program into the next year. The Vernichtung durch Arbeit, or as we say their hard work. Congress should act immediately on in English, the annihilation through Madam Speaker, I have been con- this because the slow-down is just work. My father was one of the Ameri- tacted by many members of the Marine around the corner if we don’t keep the cans to liberate the concentration Corps and Navy that support this bill tax credit there. camps in Europe at the end of World and agree that this is all about the War II. He was a teenager and still re- f fighting team, the team named the counts the inhumane treatment of hu- Navy and Marine Corps. In this year’s AMERICAN CREDIBILITY, POLAND mans by tyrants. conference with the Senate, I had a AND MISSILE DEFENSE As America celebrated the end of Senator say to me that he had never World War II in 1945, Poland then was The SPEAKER pro tempore. Under a received a letter from a marine sup- occupied by the tyranny of communism previous order of the House, the gen- porting this bill. and for decades the people of Poland tleman from Texas (Mr. POE) is recog- Madam Speaker, I would like to read lived under the tyrants of communism. nized for 5 minutes. you a letter that a former Marine Mr. POE of Texas. Madam Speaker, So the Polish people understand more than anyone the terrors of living Corps general wrote to this particular the United States Government plans to Senator at the beginning of this abandon our current missile defense under tyranny. They have a special love for freedom and liberty, and they month: ‘‘I am writing to ask for your plan in Europe. That will leave this support in passing H.R. 24 and S.R. 501, country more vulnerable. Why would have a special love for America. Now Poland has partnered with the United which have been referred to the Com- we want to do that? With Iran in a race mittee on Armed Services and would to get the nuclear bomb and testing States to put a missile defense system in their nation, and we must not desert redesignate the Department of the long-range missiles, America and Eu- Navy as the Department of the Navy rope are at risk. them, Madam Speaker. They even stand with us in fighting terrorists in and Marine Corps. But the American Government de- ‘‘For many years I have been an ad- cided to abandon the current missile Afghanistan, and I got to meet numerous Polish soldiers at Camp Bagram in vocate of the Navy and Marine Corps defense shield to be installed in Poland team and believe this team is without and the accompanying radar system in Afghanistan earlier this year. They are our friends and our partners and our al- parallel in any of the Armed Forces in the Czech Republic. This system was to the world. I proudly served alongside protect Europe and the United States lies. We stand shoulder to shoulder in this fight against the war on terror. my Navy brothers-in-arms in both from a missile launch from Iran. The I also had the opportunity to meet peace and conflict for 40 years. I would whole world knows that the little man with the Polish people in Poland ear- not recommend any action that I feel from the desert, Ahmadinejad, is build- lier to discuss missile defense and would belittle either partner of the ing nuclear weapons and interconti- other matters, and they are friends to team. nental ballistic missiles that could America. They have shown their dedi- ‘‘Changing the name of the Depart- send nukes to the Middle East, Europe, cation to independence and loyalty to ment as proposed by this legislation and the United States. We have agree- the United States since the American would not demean the Navy, but would ments with Poland and the Czech Re- War for Independence. They heeded our recognize marines as full partners in public for defensive missile systems. call when we needed them with their this team and would be a strong boost Don’t we have an obligation to protect General Pulaski, and we showed Poland to their morale. In fact, the Depart- America from the threats of tyrants our loyalty in World War II and the ment and the Secretary represent both like Ahmadinejad? We should not Cold War. Now, when liberty and free- services, the Navy and the Marine break our word with our allies. Amer- dom are in danger once more, it is un- Corps, and this legislation would pro- ica loses its credibility with our allies wise to abandon them and our missile vide a name that mirrors the fact. by failing to live up to our commit- defense system in Europe. After all, ‘‘Thank you for your consideration ments. Madam Speaker, tyrants still roam the and for your continued and valuable Madam Speaker, America and Poland globe looking for the opportunity to service to our Nation.’’ have a special relationship. This body snuff out freedom. b 1615 just voted to grant honorary U.S. citi- And that’s just the way it is. zenship to Casimir Pulaski, the Father After 8 disappointing years, I hope f of the American Cavalry. He was born one day the Senate will join me in sup- in Poland, and he was essential to our ONE TEAM—ONE FIGHT—ONE porting and bringing proper respect victory in the American War for Inde- NAME and acknowledgment to the fighting pendence. Congress commissioned this The SPEAKER pro tempore. Under a team of the Navy and Marine Corps. I Polish individual, Pulaski, as a briga- previous order of the House, the gen- want the supporters of this bill to

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.064 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11148 CONGRESSIONAL RECORD — HOUSE October 8, 2009 know that there will be a tomorrow. America doesn’t care about that at all. tleman from Florida (Mr. POSEY) is rec- I’m not going anywhere. And I will So we have to remember that as Demo- ognized for 5 minutes. continue to fight until the Marine crats. We have to remember what’s at Mr. POSEY. As we face the risk of Corps gets the acknowledgment it de- stake here is life and death, enormous ceding our leadership in space to Rus- serves. amounts of money, and people are sia, China, and other countries, I want In closing, I want to thank the many counting upon us to move ahead. to take a moment to review many of House Members who have supported America understands what’s good for the benefits of space exploration that this legislation for 8 years, and I want America. America cares about health everyone enjoys, even though many of to close by asking God to please bless care. America cares about jobs. Amer- them may take it for granted. our men and women in uniform. I want ica cares about education and energy The typical American home contains to ask God to bless the families of our independence. America does not care dozens and dozens of inventions from men and women in uniform. I want to about process or politicians, or person- America’s investment in space. That ask God in his loving arms to hold the alities, or anything like that. flat-screen TV was developed from families who have given a child dying And I have a few words for my Re- NASA technology. The furniture or for freedom in Iraq and Afghanistan. publican friends tonight as well. I drapes that are fire-resistant material, And I close by three times and most guess I do have some Republican that may be attributed to NASA’s fire sincerely asking God: God please, God friends. safety research. If your home security please, God please continue to bless Let me say this. Last week, I held up system uses a push-button panel and America. this report here and I pointed out that intrusion detectors in the windows, in America there’s 44,789 Americans f you benefited from space exploration. who die every year, according to this If your home is equipped with carbon The SPEAKER pro tempore. Under a Harvard report published in a peer re- previous order of the House, the gen- monoxide sensors and fire detectors, view journal, because they have no then you’ve benefited from America’s tleman from Oregon (Mr. DEFAZIO) is health insurance. That’s an extra 44,789 recognized for 5 minutes. space program. If you enjoy using Americans who die, whose lives could scratch-resistant lenses in your glass- (Mr. DEFAZIO addressed the House. be saved, and their response was to ask es, then—you’ve guessed it—you’ve His remarks will appear hereafter in me for an apology. To ask me for an the Extensions of Remarks.) benefited from the space program. apology. That’s right, to ask me for an Chances are you enjoy using bat- f apology. teries, cell phones, laptops, calcula- Well, I’m telling you this. I will not AMERICA WANTS HEALTH REFORM tors, even Velcro. If so, you’ve bene- apologize. I will not apologize. I will fited from our space exploration. If you The SPEAKER pro tempore. Under a not apologize for a simple reason. appreciate the clean, crisp water in previous order of the House, the gen- America doesn’t care about your feel- your glass, you may be interested to tleman from Florida (Mr. GRAYSON) is ings. I violated no rules by bringing know that every home water filter recognized for 5 minutes. this report to America’s attention. I came about thanks to America’s space Mr. GRAYSON. Madam Speaker, I think a lot of people didn’t know about program. have words for both Democrats and Re- it beforehand. That cooler used on a trip to the publicans tonight. Let’s start with the But America does care about health beach, a picnic, or a camping trip relies Democrats. We, as a party, have spent care in America. And if you’re against on space-based technology to keep your the last 6 months, the greatest minds it, then get out of the way, just get out food and drinks cool. Solar technology of our party, dwelling on the question, of the way. You can lead, you can fol- used to power your hot water heaters the unbelievably consuming question, low, or you can get out of the way. And and other home appliances owe their of how to get OLYMPIA SNOWE to vote I’m telling you now to get out of the existence to America’s space explo- for health care reform. way. ration. And if you’re keeping an eye on LYMPIA I want to remind us all, O America understands that there’s one time by looking at your quartz-based SNOWE was not elected President last party in this country that’s in favor of watch, you will want to credit the year. OLYMPIA SNOWE has no veto health care reform and one party that’s space program for that, too. power in the Senate. OLYMPIA SNOWE against it, and they know why. They If you plan on enjoying some golf or represents a State with one-half of 1 understand that if Barack Obama were other sports this weekend, remember percent of America’s population. somehow able to cure hunger in the that our space program gave rise to the What America wants is health care world, the Republicans would blame plastics and the graphites used most reform. America doesn’t care if it gets him for overpopulation. They under- commonly in sports and safety equip- 51 votes in the Senate or 60 votes in the stand that if Barack Obama could ment. Senate or 83 votes in the Senate. In somehow bring about world peace, These are but a few of the many con- fact, America doesn’t even care about they’d blame him for destroying the tributions that have arisen from our that. It doesn’t care about that at all. defense industry. In fact, they under- Nation’s space program. If we want to What America cares about is this: stand that if Barack Obama has a BLT keep America strong economically and There are over 1 million Americans sandwich tomorrow for lunch, they will maintain the military high ground, we who go broke every single year trying try to ban bacon. must not cede our leadership in space to pay their health care bills. America But that’s not what America wants. to our competitors. cares a lot about that. America wants solutions to its prob- As most of us know, the President America cares about the fact that lems, and that begins with health care, promised that he would close the gap there are 44,780 Americans who die and that’s what I’m speaking for to- between our space shuttle program and every single year on account of not night. our constellation program. We all need having health care. That’s 11 every f to be committed to helping the Presi- day. America sure cares a lot about The SPEAKER pro tempore. Under a dent of the United States keep his that. previous order of the House, the gen- word. America cares about the fact that if tleman from Indiana (Mr. BURTON) is He also promised that he would see you have a preexisting condition, even recognized for 5 minutes. that America remained first in space. if you have health insurance, it’s not (Mr. BURTON of Indiana addressed And we must also do our level best to covered. America cares about that a the House. His remarks will appear help the President keep that promise, lot. hereafter in the Extensions of Re- too. America cares about the fact that marks.) f you can get all the health care you f need as long as you don’t need any. The SPEAKER pro tempore. Under a America cares about that a lot. NASA TECHNOLOGY previous order of the House, the gentle- But America does not care about pro- The SPEAKER pro tempore. Under a woman from Ohio (Ms. KAPTUR) is rec- cedures, processes, personalities. previous order of the House, the gen- ognized for 5 minutes.

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.066 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11149 (Ms. KAPTUR addressed the House. To this end, America, NATO, and the eral McChrystal’s plan for victory so Her remarks will appear hereafter in U.N. must renounce the recent fraudu- that we and future generations in this the Extensions of Remarks.) lent election and schedule a scru- world never confront the prospect of a f pulously monitored, honest election. wider war and endless threat from This is essential to reassuring the Af- The SPEAKER pro tempore. Under a abandoning Afghanistan. ghans that their nascent representa- previous order of the House, the gen- f tive government and the coalition’s in- tleman from Texas (Mr. GOHMERT) is The SPEAKER pro tempore. Under a tentions in their homeland are legiti- recognized for 5 minutes. previous order of the House, the gen- mate and benevolent. (Mr. GOHMERT addressed the House. As this process proceeds at pace, we tleman from California (Mr. SCHIFF) is His remarks will appear hereafter in must make clear the new democracy’s recognized for 5 minutes. the Extensions of Remarks.) governing principle is local control. (Mr. SCHIFF addressed the House. f Every Nation, especially one as tribal His remarks will appear hereafter in the Extensions of Remarks.) AFGHANISTAN: IN TO WIN as Afghanistan, has traditional roots of order springing from and connecting f The SPEAKER pro tempore. Under a the individual and family to the local THE MACKAY FAMILY: PART III previous order of the House, the gen- community and larger country. With- tleman from Michigan (Mr. MCCOTTER) out an enduring history of or trust in a The SPEAKER pro tempore. Under a is recognized for 5 minutes. centralized, bureaucratized rule from previous order of the House, the gen- Mr. MCCOTTER. Madam Speaker, Kabul, only an explicit, enduring com- tleman from Utah (Mr. BISHOP) is rec- right now, people are fighting and mitment to local control will soothe ognized for 5 minutes. dying for a free Afghanistan. They de- Afghans’ resistance to their federal Mr. BISHOP of Utah. I think I do to- serve an answer to the crux of the mat- government’s existence. Moreover, night the end of what is a trilogy. I ter: Are we in to win? I believe we must local control also intermeshes with co- have been here on three nights talking be. alition forces’ counterinsurgency oper- about a family in my community. Two My answer stems from a broad stra- ation. nights ago, I introduced this body to tegic vision focused by three funda- Emulating General David Petraeus’ the Mackay family; a doctor, re- mental principles: One, America’s secu- brilliant counterinsurgency strategy in spected, board-certified orthopedic sur- rity is from strength, not surrender; Iraq, coalition forces must be increased geon of 30 years in the community, who two, our greatest strength rests in ex- to provide the force necessary to defeat has been alleged by the Drug Enforce- panding liberty to the oppressed to en- the enemy’s violence and intimidation ment Administration of having given sure freedom for ourselves; and three, of Afghans. As the security situation is improper prescriptions to his patients. we are targets of tyrants and terrorists stabilized, coalition forces and steadily Last night, I explained what hap- not because of our actions but because increasing Afghan national police and pened to this family, as 20 members, of our existence. army personnel must live amongst the armed, in uniform, came in and held Helping the Afghans free themselves people to facilitate sustainable local him at bay for 4 hours as they searched from the Taliban’s tyranny and al economic developments and demo- his home and office and took all his Qaeda’s terrorism is a moral good unto cratic institutions. In sum, the coali- records, his books, his car, his truck, itself. To retreat from or compromise tion will separate Afghans from the all his cash, his savings, and even his this noble goal in the cause of human enemy by concretely proving the moral retirement account. freedom will not only be a betrayal of and practical superiority of locally b 1630 the Afghans, it will endanger our own rooted democracy over nihilistic ter- birth right as a free people. rorism and tyranny. I told how his family had nothing and Our allies, our rivals, and especially Importantly, reconstruction efforts lived on their food storage for a while our enemies will witness our lack of must not be limited to Afghanistan. until 5 months later they finally went conviction; and, by so dishonoring our- With the enemy infesting western trib- to court and had some of their property selves, we will squander our allies’ al regions of Pakistan, the coalition returned. But the Federal Government trust, lose our rivals’ respect, and must also engage with that nation’s still has the truck and all his books, as incur our enemy’s emboldened depravi- people and government in ‘‘preemptive well as his savings and checking ac- ties. reconstruction.’’ Rolling blackouts, count, and has yet to make a charge or Our primary nation-state enemy, food shortages, and other persistent arrest this individual. It is now 15 Iran, imperviously continues its pur- problems affecting Pakistanis must be months later. suit of nuclear weapons and the means ameliorated at the national and, criti- Today I finish the story. The Drug to wield them. A defeat in Afghanistan cally, the local levels. This will stop Enforcement Agency did offer a deal to will condemn generations yet born to Pakistanis from viewing themselves as this good doctor saying they would the capricious terrorism of an Iranian unwilling conscripts into a ‘‘proxy drop everything and it would all go regime protected by a nuclear um- army’’ being used by the coalition; it away if he would simply surrender his brella. Alternately, victory in Afghani- will stabilize Pakistan’s Government; license to practice medicine. Thinking stan will further Iran’s necessary con- it will demonstrate the coalition’s he has done nothing wrong, he refused tainment by democracies opposed to commitment to the well-being of Paki- that offer. In March, the DEA started terrorism. stan citizens; and will empower the the procedures to remove his license Unable to expand its sway, Iran’s Pakistani army to more actively and from him. ability to coax our rivals into opposing effectively coordinate with coalition The administrative law judge, a sanctions and, worse, aiding its nuclear forces to eradicate the enemy’s safe ha- judge of the executive branch, hired by pursuits, will ebb and end; and, within vens in their Nation—safe havens and working for the Drug Enforcement its own borders, the regime will falter which, I note, constitute an existential Agency to make quasi-judicial deci- and, like the Soviet Union, ultimately threat to democracy in Afghanistan sions on the actions of that agency, de- implode between the weight of its own and Pakistan. Surrounded by free Af- cided to hold a hearing on his license oppressed people’s aspirations for free- ghans and coalition forces, the enemy and insisted that everyone had to come dom. will be uprooted from its havens with from Utah back here to Washington, Regarding Afghanistan particularly, nowhere to hide and will be crushed. D.C. A local court said that was silly General Stanley McChrystal has af- This is the synopsis of the broader and ordered the hearing to take place firmed victory remains within reach. strategic context and immediate rec- in Utah. The judge, somewhat piqued What form will it take? My view is the ommendations of those who support at that, should have, to make sure richly diversified people of Afghanistan victory in Afghanistan. May we all there was no element of antagonism or desire a decentralized democracy that ever remember America’s greatest se- question about it, recused himself as he is opposed to terrorism and is engaged curity as liberty, and let us pray the was requested. Nonetheless, he did pre- with their neighbors and allies. Obama administration supports Gen- side over that hearing.

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.071 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11150 CONGRESSIONAL RECORD — HOUSE October 8, 2009 The doctor, because he still has the plagued by disease, they landed on the tention and condemnation, I do not chance of judicial action hanging over shore of Plymouth and founded this know what will. his head, was advised by his attorney great Nation. Unfortunately for these oppressed to answer all questions by taking the The story of the Mayflower is a sym- people, our world today does not allow Fifth Amendment. Now I don’t want to bol of the struggle against religious op- them to simply leave their country to say what I think should be the case on pression, and the symbol still resonates establish a country of freedom else- his license. That is still being reviewed in the hearts and minds of the Amer- where. That is why they need the as- and is yet to be officially decided by ican people today. But this struggle for sistance of a country like ours, the the DEA. Nor do I think I have the religious freedom did not end with the most powerful democratic country in competence to make a lot of these de- Mayflower. The struggle continues the world, to speak on their behalf. cisions. What I do know is that, in my today worldwide in countries such as We must speak loudly by passing the opinion, this doctor is no threat to the Tibet, China, the Sudan and Vietnam. Vietnam Human Rights Bill. The community. That opinion is backed up Two days ago, I had the great honor of longer we wait, the longer people like by the majority of the physicians in speaking to His Holiness the Dalai Venerable Thich Quang Do, Father the community whose sworn deposi- Lama. He encouraged the U.S. Con- Nguyen Van Ly, Mr. Le Cong Dinh and tions say the same thing. gress to continue speaking out against countless others like them will con- I do know that this family, since religious oppression and to stand up tinue to suffer. June of 2008, has been terrorized, his and defend the values that founded our f profession destroyed, reputation be- great Nation. This is what I’m doing HEALTH CARE REFORM—ONE smirched and his property confiscated. today. GIRL’S TESTIMONY Yes, he went back to court to get some Madam Speaker, the country that I of it back, but why did he have to do would like to challenge today, and The SPEAKER pro tempore. Under a that? Yes, if the DEA decides to take have done many times previously, is previous order of the House, the gentle- his license, he can go to court to have Vietnam. Vietnam, for decades, has ex- woman from Minnesota (Mrs. that overturned as well, but why emplified religious and human rights BACHMANN) is recognized for 5 minutes. should he have to do that? Justice, if it oppression. And this image today has Mrs. BACHMANN. Thank you, is to be there, should be a justice that not changed. Since receiving its pre- Madam Speaker. works quickly so that he is charged, he ferred status and being selected a mem- The House bill to have government goes before a jury of his peers and a ber of the World Trade Organization, take over health care contains section conviction or an acquittal takes place. Vietnam’s record on human rights and 2511 which would put clinics in our This nightmare of delay is nothing religious freedom has gotten worse schools. Minnesota has experience with more than that for this poor family. rather than better. This regression is these clinics. Now the good part of this message is well documented by Human Rights Here is one girl’s testimony: this is an isolated case. This is not the Watch as well as by the Commission on ‘‘Hi. My name is Jamie. I hope my way most things happen. The bad part Religious Freedom. personal story and experience with the of this message is this is not a unique Madam Speaker, let me briefly out- West Suburban Teen Clinic will con- case. Other times this same thing has line for you what the Vietnamese Gov- vince you that bringing this clinic into happened. Citizens should not be treat- ernment has done. Ten years ago, the the school campus will endanger the ed in this way. It’s simply the wrong Vietnamese Ministry of Labor, War In- health of many students. way to do it. The Mackay family de- valids, and Social Affairs directly ‘‘At age 14, I was what you could deserves all of his resources returned to oversaw and operated two state-owned scribe as a rebellious teen. My parents him until such time as a conviction labor companies that were involved in had rules, like all parents, and tried does take place. He also deserves some the largest human trafficking case ever their best to instill moral values in my kind of an apology, neither of which I prosecuted by the U.S. Department of life they hoped would guide me down have the power to do. But I do have the Justice. The High Court of American the right road. But I chose a path that power to at least express my sym- Samoa rendered a judgment against led to the West Suburban Teen Clinic. pathies for one of my constituents the Vietnamese Government in the It was there I learned how easy it was whom I do not think has been treated amount of $3.5 million, and they have to get birth control, morning-after well. And if as a representative of my yet to pay. pills, exams, condoms, or whatever else constituents I cannot at least do that, Recently, the Vietnamese Govern- I needed to have sex and not tell my I have no more value in this particular ment assaulted, arrested and impris- parents. I didn’t even have to go to a body. oned dozens of Catholics in the Diocese real doctor. This ends the trilogy of this par- of Vinh for erecting a temporary place ‘‘At the clinic, I was told my parents ticular family. It does not end the of worship on Tam Toa Parish Church didn’t have to know about any of my nightmare of this family. I hope it can that was destroyed during the Vietnam visits or what birth control the school end soon for their benefit. war. They attacked the parishioners of clinic was giving me. The clinic made Thai Ha Parish as they were con- it so easy for me to have sex. They f ducting a prayer service. They then ar- made it so easy to hide things from my The SPEAKER pro tempore. Under a rested and wrongfully prosecuted mom and dad. After all, since it was previous order of the House, the gen- church members for inciting riot. They my right not to tell them about birth tleman from Indiana (Mr. PENCE) is imprisoned Father Nguyen Van Ly, put control, they didn’t need to know any- recognized for 5 minutes. the Venerable Thich Quang Do under thing else about my life either. The (Mr. PENCE addressed the House. His house arrest, and forced members of teen clinic opened the door for me to remarks will appear hereafter in the Protestant churches to renounce their lie and supported me in my deception. Extensions of Remarks.) faith. They arrested and imprisoned Looking back, I can see that their f human rights activists such as Le Cong counseling affirmed a continuous pat- Dinh, Le Thi Cong Nhan, and Nguyen tern of lying, secrets, and cover-up. MOVE THE VIETNAM HUMAN Van Dai for criticizing the government. This destroyed any mutual trust be- RIGHTS BILL NOW They forcefully evicted 400 Buddhist tween my parents and me. The SPEAKER pro tempore. Under a monks and nuns from Bat Nha Temple ‘‘The West Suburban Teen Clinic con- previous order of the House, the gen- and shut down the monastery without vinced me I was doing a good thing by tleman from Louisiana (Mr. CAO) is just cause. going there because I was practicing recognized for 5 minutes. These are just a few examples of the safe sex. Was it safe to break the trust Mr. CAO. Madam Speaker, in 1620, 102 outrageous and egregious actions with the only people who really truly Pilgrims and a crew of approximately taken by the Vietnamese Government protected and cared about me? Was it 25 people left England on the recently in violation of every principle safe when the clinic jumped at the Mayflower to escape religious oppres- of justice and fairness. If these exam- chance to give the morning-after pill sion. After an arduous 66-day journey ples are not sufficient to draw our at- to a 14-year-old without revealing to

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.076 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11151 me any of the negative health-risking ernment take over health care in this additional money to cover people, but side effects? country. Surely we can do better by they want to go through the private ‘‘They didn’t even care who I was our children than encouraging them to sector. Let’s just keep grinding out the having sex with. Imagine, a 14-year-old. gain experience in a lifestyle that will profits, never mind what happens to I could have been having sex with an bring them only heartache and perhaps the patients. older man. It could have been rape. physical devastation. This effort that is being made in the Anything. They never once took the f House, and I hope to have a bill out time to ask me. I was so young. All I here in 10 days or so, is an effort to thought was, oh, I won’t be getting THE PROGRESSIVE MESSAGE— make sure that what you just sug- pregnant if I take this morning-after HEALTH CARE REFORM gested happens. That is, that every- pill. I was never given the facts about The SPEAKER pro tempore. Under body in this country has health care side effects. the Speaker’s announced policy of Jan- that is adequate, that takes care of the ‘‘I went to the West Suburban Teen uary 6, 2009, the gentleman from Min- needs they have, no matter how much Clinic multiple times to get the morn- nesota (Mr. ELLISON) is recognized for money they have, no matter what they ing-after pill. They would ask me if I 60 minutes as the designee of the ma- look like, no matter where they live. needed a couple of back-up pills to jority leader. They should have the same kind of keep in a friend’s house just in case, or Mr. ELLISON. Madam Speaker, we health care in this country no matter to hide at my own house so I wouldn’t are here again for another evening with what their circumstances are. have to ride all the back way back to the progressive message, the message I told the story, I said one of the the clinic. that comes to the House floor Thurs- things that people tell me: Everybody ‘‘I can honestly say that the clinic day night to talk about a vision of in this country gets health care. What visits also had a very negative effect on America not based on fear, not based are you talking about? my education. As I became more in- on things that are not true, but a vi- What I said to my colleague when he volved sexually and had more visits to sion of an America where we stand up said that to me, you know, the dif- the clinic, I would sit in class thinking and we include everybody within this ference between Members of Congress about what courses and classes I could vision. No matter what color, what cul- and ordinary folks in this society is, we miss so I could make my school clinic ture, or what faith you belong to, live a somewhat different life. If you visit for more pills and condoms before America is a place for you. We bring call up and say, This is Dr. MCDERMOTT the end of the school day. It made it people from all parts of the world who or Congressman MCDERMOTT, I have a difficult for me to focus on my class as- bring and make up this great American pain in my stomach, they will tell me signments when I was thinking about a vision that we’re talking about, a pro- to come into the office tomorrow pelvic exam or the thought of having gressive vision where middle-class and morning. Everybody else goes through an STD or being pregnant. working-class people can actually have this little drill. When you call the doc- ‘‘Now I’m 20 years old. I’m very con- policies that help them, a progressive tor’s office and say, I have a pain in my cerned about the long-term damage to vision which says we can have health stomach, the first question is, What my health thanks to this so-called care for all. We can have true health kind of insurance do you have? safe-sex clinic. They not only helped care reform which allows Americans to Now if you have private insurance, me hide things from my mom and dad, partake of the great wealth of this you will be in the office tomorrow they hid the truth from me. The West country for the benefit of their health. morning. If you have Medicare, well Suburban Teen Clinic didn’t care that I A progressive vision says that America some doctors don’t take Medicare, so it was a minor teen. They didn’t care can live at peace. We don’t have to be may be a week before you get taken what the side effects of these pills in war after war. We can have a policy care of. God forbid if you have Med- would do to my reproductive system. of peace which develops our relation- icaid, you will never get taken care of. And my body is messed up. They gave ship with the rest of the world based on Or it will be a month or a month and a me pills and condoms and they left it diplomacy, development and things of half. And if you don’t have health in- to my parents to pick up the pieces. mutual benefit. surance, they have an offer for you: If ‘‘If only I knew what I know now, Today this is the progressive mes- you will come in and pay $25 or $30 up- how the West Suburban Teen Clinic’s sage, and we are glad to be here with front, we will have an appointment for advice and pills damaged me physically the progressive message sponsored by you in 2 weeks. and emotionally, I could have pre- the Progressive Caucus. People say that isn’t true. Well, let vented so many of the problems with me tell you, there are very well-docu- b 1645 my parents and my family. If only I mented studies, and they put people on had never gone there. And now you are Tonight, what is the topic? Guess two phones sitting right next to each bringing these clinics to all the high what, surprise, health care. Today we other, they would call the same doc- schools? have two great advocates and leaders, tor’s office, give the same story about ‘‘You need to protect kids. You need and I am so honored to be on the House a pain in their stomach, and find out to uphold the desires of parents, not floor today with two good friends and what the relationship there was be- the wishes of clinics that make money leaders, the gentleman from Michigan tween what kind of insurance they had off kids’ mistakes. My parents tried to (Mr. CONYERS), the chairman of the Ju- and when they got seen. protect me. The clinic took that right diciary Committee, and also the gen- Now, it shouldn’t be that way in this away. They took over the role that my tleman from Washington (Mr. country. If you are sick and you have parents were intended to have and they MCDERMOTT) of the Ways and Means pain in your stomach, you ought to be hid everything from them, the people Committee who is also a physician, able to get in and see a doctor. who loved me the most. both with us today. I want to invite What clearly happens in that case, ‘‘Please stop this clinic from coming both of them to offer some remarks as for those people who have to wait 2 in and ruining more kids’ lives. I wish we get started on the Progressive mes- weeks or a month or whatever, they go I could warn all the students at high sage today, focusing on health care re- along with that pain in their stomach schools about these clinics. They need form, patients before profits. waiting for their appointment, waiting to know about the physical and emo- Congressman, Doctor, what are your for their appointment. When they can’t tional damage that can be done by a thoughts? stand it any longer, they go to the pattern of pills and promiscuity. I wish Mr. MCDERMOTT. Mr. ELLISON, it is emergency room. That is why emer- I could tell them. I know the West Sub- a pleasure to be here today. In the cau- gency rooms are flooded with things urban Clinic won’t.’’ cus the other day we were talking that ought to be seen in a doctor’s of- Madam Speaker, this is a story of about health care, and one thing that fice, but people can’t find a way, they tragedy by one girl in Minnesota. Min- is very clear in this country is that the can’t find a doctor that will accept nesota has experience with the school- medical-industrial complex doesn’t them. based sex clinics that are being pro- want to change. They want things as Well, I told this story, and one of my posed in the bill that would have gov- they are. They would be glad to take colleagues came up to me and said, You

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.078 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11152 CONGRESSIONAL RECORD — HOUSE October 8, 2009 know what, you are absolutely right. it in the last 30 days, in the last 60 I have something that just came in He said, I just had my knee replaced. days, and there are no such clinics in from the 14th Congressional District in He said, I got talking to the doctor that bill. northwest Detroit. about it, and the doctor and I were Mr. ELLISON. Are there death pan- We had an examination of how many talking about how he would get paid. els? I yield back. seniors in my congressional district hit The doctor said, Oh, you’re perfect. Mr. MCDERMOTT. Absolutely not. the doughnut hole in the bill, the cur- You’ve got private insurance. We all Mr. ELLISON. Are there school sex rent legislation. There were 5,400 sen- have Blue Cross-Blue Shield here in the clinics? iors that were forced when they hit Congress. He said that is good insur- Mr. MCDERMOTT. No; that is scare that doughnut hole to pay their full ance and that pays for it and that is tactics. You know better than that, drug costs, despite the fact that they good. KEITH. Why are you asking those ques- had part D medical coverage. My friend said what if I had Medi- tions? And the current bill before us that care? Mr. ELLISON. It is part of what has we are working on, H.R. 3200, it would The doctor said, I would have said, been going on. You saw August. You cut brand-name drug costs in the Why don’t you wait for a couple of try to have a civil conversation, and doughnut hole by half and ultimately months? them some people would show up and eliminate the doughnut hole. That is And my friend asked, If I had Med- try to disrupt the meeting. Why would very important, especially in this day icaid? The doctor said, I would never they want to disrupt the meeting when and age. see you. I don’t accept Medicaid pa- all we are trying to do is have a civil We found that there were 2,230 health tients for knee replacements. dialogue about the future of our coun- care related bankruptcies in my con- So there is rationing in this society try and the future of health care. gressional district alone. At our next Why are we hearing about death pan- today, and it depends on what kind of Special Order, I am going to have these plastic you have in your pocket. Now els? To scare seniors. Why are we hearing about sex clin- same numbers for the whole State of to simply pass out more plastic cards Michigan. So 2,230 people in the 14th in the insurance industry today will ics? To scare parents. Why all this stuff? Congressional District had to go into not work, and that’s why we have to Let’s get Chairman CONYERS in the bankruptcy court in the year of 2008, have a good public option. We have to conversation. He looks like he is primarily caused by the costs of health have an option that functions the same digging out some facts. I just want to care not covered by their insurance. as it does if you have a private insur- pose the question to you gentlemen: In 2008, health care providers in the ance card. Why, why, why are we hearing about district were provided $31 million If you meet a Canadian some time, all of this fanciful, made-up stuff that worth of uncompensated care, care ask a Canadian to show you their pro- is on the Web and anybody can look up that was provided to individuals who vincial health care card. In Ontario, the bill and say, that ain’t so? Why are lacked insurance coverage and who they are orange. In New Brunswick, we hearing all this stuff? were unable to pay their bills. they are blue-green. In Quebec, they Mr. MCDERMOTT. You know, there How many people don’t have insur- are kind of a greenish color. They have is sort of a political axiom that if you ance, my colleagues, in the 14th Dis- a card no matter where they go in the can make people afraid, you can get trict, have no health care coverage at province. In Canada, they hand in that them to do exactly what you want all. This is last year’s figures, which card and they get taken care of. That’s them to do. In this case, they want have undoubtedly gone up since 2008: what ought to happen in this country, people to say no, we don’t want the 1,300 people in my district are unin- and the public option is the only way government to take over our health sured. How many are uninsured, my we are going to get people who don’t care. colleagues, in your districts? That is 17 have health insurance today the oppor- Now the government pays for mili- percent of all of the people in the dis- tunity to access the health care system tary health care. The government pays trict that are uninsured, and the Con- and actually have an opportunity to for veterans’ health care. The govern- gressional Budget Office estimates that see a doctor. ment pays for seniors’ health care in 97 percent of all Americans will have Now it is clear that the President has this country and poor people’s health insurance coverage if H.R. 3200 takes said not only does he want to have ac- care in this country. And they want effect. cess, but he wants to have a plan that government to go away? Come on. b 1700 controls cost. The fight now in here is Sixty cents out of every health care the fight between—giving people access dollar in this country is coming from Now, if this benchmark is reached in is going to cost more money in some the government through all of those the district, 85,000 people who cur- ways, although there is lots of money programs. And the people are saying rently do not have health insurance to be saved in the present system, but that they don’t want the government. I will receive coverage. There is another the providers and the drug companies have had older folks come to me and factor I would like to introduce. I and the insurance companies and all say, I don’t want the government to haven’t discussed it with you, but this the other people who are involved in get into my Medicare. Folks, Medicare as good a time as any to do it. the medical industrial complex don’t is a government program. They simply There is a stress factor coming into want to have anybody put any control are scaring people to the point where this whole discussion of health cov- on their costs. That’s what the fight is they are not thinking clearly about erage in America because of all of the that is going on right now as this bill what is going on in this country. people that are losing their jobs, espe- comes to the floor. Mr. ELLISON. Scare tactics. cially in Michigan and Ohio, industrial JOHN CONYERS has worked as long as I yield to Chairman CONYERS. Wel- States that are hit the hardest. We I have trying to get what we know come to the Progressive hour, the Pro- have the highest unemployment rates. would be the best system, which is the gressive message, patients before prof- But there is something else that kicks single-payer system. Now the President its tonight. in. When you lose your job, you, of said we are not going to go that route, Mr. CONYERS. I am so glad we are course, lose your income; and, fre- we are going to go a little different doing this, and I am glad to be with quently, if you have a mortgage pay- route. We are helping him to get there. both of you. ment, you could end up losing your It is not the perfect system, but it will Dr. MCDERMOTT has been working on house. get people the access and the cost con- this for so long, and he brings a clear One of the things, Dr. MCDERMOTT, I trol that is necessary. voice of experience, not congressional was in a shelter in midtown Detroit off I listened to my colleague from Min- but medical. That’s what makes this so Woodward Avenue at Peterboro, and nesota just a moment ago telling us important. Of course you, Mr. ELLISON, both of you have been there. I went this story about this clinic and what is are a young person who has jumped into the shelter in the morning, and in the bill. I believe that bill has been into this in a way that makes me very they were having breakfast. I was as- out on the floor and up on the Web site. proud that you grew up in Detroit, tounded by this one visual picture I Anybody who can read could have read probably in my district. got. These were not people that were

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.080 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11153 homeless, wandering around or were di- that were affected. That’s 4,300 families Mr. CONYERS. Well, when you say sheveled. These were well-dressed peo- who found themselves instantly with- 130 percent increase, that’s more than ple being fed in a shelter who had just out a paycheck, without health care, double, isn’t it? recently lost everything. When you get and in many cases, all of their pension Mr. ELLISON. Oh, yes. hit, you lose your house, your car, your money was in an IRA of the company’s Mr. CONYERS. A 100 percent in- job, your insurance, your pension. So stock. So they suddenly had no pen- crease would be double. A 130 percent you come into a shelter, you’re dressed sion. They had no security whatsoever. increase is one and a third more than like we are, but you don’t have any- No house, no health care, no food, no what they’re paying. Is this an annual where to eat, you don’t have anywhere anything. increase rate? to stay. I have never experienced that It’s impossible for that not to be Mr. ELLISON. This is from 1996 to phenomenon before in my life. stressful to people, and people then 2006. One other factor that is up to date have stress-related diseases. There are Mr. CONYERS. Oh, I see. It’s a period and in real-time is that with all the plenty of stress-related diseases. We of over 10 years. What it’s saying to me people suffering under this economic— know them. Post-traumatic stress dis- is that these folks don’t have any op- well, it’s called a severe recession, but order is a stress disease. And any kind tion of changing insurances or doing I call it a depression—there are people of emotional thing like that is going to anything. What are their alternatives? now that are working who have jobs, take a toll on you physically. A lot of If you don’t pay, where are you going? who have health insurance, but there is people are suffering today from emo- Is there some private insurance com- a little something beginning to bother tional illnesses, secondary to the insta- pany offering a lower premium? Can we them: Maybe this could happen to me bility of their economic situation. call up insurance companies and say, too. We all know people who were My insurance has more than doubled Mr. CONYERS. But, Dr. MCDERMOTT, going along quite well; and all of a sud- I’m talking about the people that over the last 10 years, and I want out. den their company announced at 3 p.m. didn’t lose their jobs, income and What happens then? on Friday that, You don’t have to come health insurance. I’m talking about the Mr. MCDERMOTT. You’re tough out back anymore, or, We’re closing down folks that are working, and they know of luck. If you go into the individual in 2 weeks. Sorry about that. We can’t about that. They can’t help but think, market, you’ll pay even more. So if explain it now, but this is it. That could happen to me. I don’t know you’re in a big group, you know, work- There are people now—and you may what you call this, but you start an- ing for Ford Motor Company or for be able to comment on the stress fac- other stressful situation from that. Delco Battery or something, that way tor—there are people that are working. There is nothing happening to them, you get the risk spread over everybody. Nobody said they were going to close but it’s happening to people around But if they’re just looking at you or their job down. Nobody has heard any them. It happens, like these people me or the next guy, they’re going to rumors about anything. But they can’t that I saw in this shelter in Detroit, charge you a much higher premium for help but think about all the other peo- where if we weren’t in a shelter, they anything that you have, any kind of ple that were going along smoothly, would be people I would expect to see preexisting condition. and they lost their jobs. People are be- So it’s worse when you leave one of at Starbucks. ginning to worry about the fact that— those groups. People stay in, and they I know it’s not me. I know I’m work- Mr. ELLISON. If the gentleman scramble to try to make it. But every ing. I know I’ve got insurance, but it would yield, can I just point out that I company in the country has been shift- could be me next month. It could be me have a chart here that I think does ing more and more cost onto the indi- in December. It could be me in Janu- shed some light on the situation. Be- vidual. They used to pay in some com- ary. What about that? cause a lot of the dialogue we’ve been panies 100 percent. Now they pay 60 having, quite frankly, is focused on the Mr. MCDERMOTT. Well, you know, percent, and 40 percent has to be paid uninsured. JOHN, you are talking about the funda- by the employee. Their deductibles are mental thing the President is trying to But let’s take a moment to talk going up, and the copays are going up. do, and that is to give people security, about the insured, the folks who actu- That’s why the President has said we health security, that they know that if ally have insurance, the people who have to find a way to control costs. We they get sick or they have an accident, have anxiety about what could happen can’t let this go on. they’ll be taken care of. The funda- to them if they lose it, if they get sick. Mr. ELLISON. If the gentleman mental weakness of our system forever Because you know, if you get sick, would yield, if you look back at this has been that your health insurance that’s when they don’t want you on chart, ‘‘National Health Expenditures has been tied to who you were em- their insurance anymore, right? Cumu- Per Capita.’’ That means that we take ployed by. When the economy’s rolling lative change in single and family all the health care expenditures and di- along, and when the economy’s going health insurance premiums, that’s vide them by the number of people. So up, that’s not too bad. It works pretty what you pay, what comes out of your the average amount of health care ex- well. In fact, the difference between check every 2 weeks or every month— penditure for the average person—look right now and what was going on in and the Federal poverty level. at these numbers. This is what actu- 1993–1994, as you remember when Mrs. We’ve been seeing that the level of ally happened, and this is what is pro- Clinton tried to do this—everybody poverty has been rising, but look at jected to happen. says, What’s the difference between this dramatic increase in the family If we look at 1990, going back to 1990, then and now? Then things were going premium. This family premium has what we saw was about $2,814 per cap- up, and everybody thought, Well, this jumped up 130 percent from 1996. This ita, per health care expenditure per plan they’re putting together is for is real money coming out of the pay- person. This is 1990, the year I grad- somebody else. It’s for them. They checks of real families all the time. uated from law school. If you go to this didn’t know who ‘‘them’’ was, but it People say we don’t need reform and one, 2009, it’s $8,160. Look at how this was somebody they didn’t know. say that we’re trying to scare people has more than doubled since 1990. As a When you have a system that’s tied with fake death panels and fake school matter of fact, this has nearly tripled. to employment—people always thought sex clinics and all this kind of stuff. The fact is these expenditures are that this health care business was The fact is that this is what the aver- galloping higher. If you look at the about them. The difference today is, as age family is living through, and this is projected rate, we’re up here. By the you point out, middle class people who impacting people who pay premiums, year 2018, it will be $13,000 per person. yesterday felt they were just about as which means they have employer-based This is ridiculous. secure as they could be—they had a health insurance. What are people to Now, there is another chart I want to job, they had health care, their kids do about this dramatic situation as show you, and this chart is a chart that were in college, blah, blah, blah—and they’re facing trying to make ends looks at different countries. So you bingo, they lose their job. We had a meet in their family budget? look at this blue here. The blue is the bank go down in Seattle, Washington I yield to either one of the gentle- United States; and then we have the Mutual Bank. There were 4,300 people men. red, France; the green, Canada; the

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.082 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11154 CONGRESSIONAL RECORD — HOUSE October 8, 2009 purple, Germany; and then this aqua monopolized market there, you still company matches, adding up to an- color, the United Kingdom. Back in the don’t have a whole lot of choice. You other $101,000 plus for Mr. Ron Wil- year 2000, we were up here at $4,570, still don’t have a whole lot of people liams. way above everybody else. If you look willing to offer you very much. Now, I sent out a friendly invitation at Germany, they were second, but ev- And how come these markets are so for the head of Aetna to come before erybody else was in the low 2,000s or monopolized? Because it’s extremely my committee to discuss the incred- higher 1,000s. This is the industrialized difficult to break into a market and ibly important decisions involved in re- world. build up a provider network, a doctor forming health care in America. Here Now, if you flash forward to here, in network in order to be able to compete is a person who has a lot of experience 2006 we’re up around $6,714. We’re still that way. So they’re saying you can in the subject matters that are being way above everybody else, but look at compete with this monopoly and that debated in three committees in the how we are compared to ourselves over monopoly and it’s not going to solve House, two committees in the Senate, time. The American family can’t sus- anybody’s problem, it might be a small and heaven only knows how many of tain this. Why do we cost so much part of some solution somewhere. But the people in the White House are more than everybody else? It’s time for the real solution is single payer, which working on this. K Street, we know, is a change. It’s absolutely time for a is why I’m on the bill, but a good me- fully occupied in this matter. We need change. dium solution is a strong public option, to talk. I yield back to the gentleman from and we have got to have people fighting What about CIGNA? That’s another Washington State. for it. big company. Its CEO, unfortunately Mr. MCDERMOTT. Well, I think that Mr. CONYERS. Will the gentleman he only makes half of what the CEO of is what is really troublesome about yield? Aetna earns. Maybe he’s not as effi- this debate, is that people on the other Mr. ELLISON. I yield to the gen- cient or maybe he doesn’t produce. I side who argue that there doesn’t need tleman. don’t know what it is. to be change—you say to them, Well, Mr. CONYERS. More and more Mem- But would anybody object if we in- what are you offering? They say, Well, bers of the Congress are coming on our vited these folks in to discuss this? I let’s give tax credits to people so they universal single-payer health care bill. mean, we have the unemployed. Our can buy their own health insurance. I’m very pleased about that. colleague SHEILA JACKSON-LEE is going Now, let’s just think about that for a The judiciary, one of the subcommit- to have people coming in Tuesday at 5 minute. The average income in this tees, we had a hearing about this o’clock next week to tell their prob- country is about $45,000. So you’re McCarran-Ferguson bill that exempts lems. These are people that not only making a little less than $4,000 a from antitrust obligation insurance don’t have income but they have huge month. You can easily spend $1,000 a companies, and health insurance com- debts. month on a premium. So each month panies in particular. And I received a But I want to go from the other end you’ve got to take $1,000 of your $4,000 letter, a nice letter, from the CEO of of this, Mr. ELLISON. I sympathize with out and go down and buy your health the America’s Health Insurance Plans. all those that are suffering, but I want insurance. Now, the Republican solu- Her name is Ms. Karen Ignagni, and she to try to understand—I’ve got to com- tion to that is, Give them a tax credit. sent us a nice letter back. She declined prehend the view from the top with Let them wait a whole year to the end to be a witness. That’s a subject we’ll those who are not unemployed, who are of the year, and then you give them probably pursue later on. not marginal, who are not lower in- back their money at the end of the But I just checked in my little file of come, not middle income. They’re year. health insurance executive compensa- wealthy. So we have to extend these tion, and this is public information, so conversations both ways. b 1715 I don’t think she’d be offended by my What about the chairman and the Most people don’t have that kind of discussing it here on the floor. Ms. CEO of CIGNA, $12.2 million annual in- ability to wait for 12 months to get Ignagni earns $1.580 million in com- come? What about WellPoint, Ms. An- their money back. Rich people can. I pensation, but her base salary was gela Braly, its president and CEO, $9.8 mean, they can wait for a tax credit $700,000. This was from 2007 filings. But million every year? What about Cov- someplace down the road. But ordinary she did also receive $170,000 in deferred entry Health Care, President Dale people who are living from paycheck to compensation and a bonus. She prob- Wolf, another $9 million? Centene In- paycheck to paycheck do not have the ably works very long hours, and we surance Chairman Michael Neidorff, ability to spend a thousand dollars a concede that. $8.7 million; James Carlson, chairman month on a health care premium and But we looked at others that we want of AMERIGROUP, $5.2 million; wait 12 months to get credit for it on to talk with, another person that we Humana’s President Michael their income tax. are beginning to be in negotiations McCallister, $4.7 million; Mr. Jay So their proposals sound like they with. We have to, all of us, come Gellert, the distinguished president of have something in mind. Yes, they around the table and discuss these Health Net, $4.4 million; Universal have something in mind, but it simply matters. American, Chairman Richard Barasch, won’t work. Let’s take Aetna; one of the biggest, $3.5 million; Stephen Hemsley, Mr. ELLISON. Reclaiming my time, I presume. Its distinguished chairman UnitedHealth Group, president and I’ll cite another example of that. and CEO is Mr. Ron Williams. Mr. Wil- CEO, $3.2 million. We hear a lot of people saying the so- liams, I don’t know what it is he does, I want to get the picture from the lution to the problem is that we should but his income is $24,300,112 per year. top. They could explain to us and just let people buy and sell insurance Now, he’s got some heavy responsibil- maybe put into more perspective why across State lines, and they offer this ities. Do you know how much more there’s such a maldistribution of as something that’s supposed to fix ev- money he makes than the President of health care to everybody, because erything. But what they don’t tell you the United States? these are health insurance companies. is that 34 markets around the country Look, capitalism, a love story, I’m If they don’t know—I mean, they have have markets where one to five insur- for capitalism. He earned a total of $24 a lot to tell us, and I would like to hear ance companies are offering products million plus for compensation in 2008 them in their own way and in their own and that’s about all there is. Like in with more than half of that, $13.5 mil- words explain this situation, because Alabama, as the President mentioned, lion, coming from stock option awards. we’ve got big decisions to make. one company dominates 90 percent of I don’t know how that works. He also We don’t just represent the poor and the market. received $6.4 million in stock awards to the left out and the marginal; we rep- So basically they want to say, well, if go along with his base salary, which resent the whole country. When I cast you can go from Ohio to Minnesota, was only $1 million plus. But, in addi- a vote in the House of Representatives, then the fact is that they think that’s tion, he has the personal use of cor- it’s from my district that they sent going to solve the problem. But if you porate aircraft plus a land vehicle as me, but the vote applies to everybody have a monopolized market here and a well as financial planning and a 401(k) in the United States of America, all 350

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.083 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11155 million people, including the upper 1 orous public option, Medicare Plus 5, Mr. CONYERS. I don’t claim them to percent of income earners especially in and my position is, if this is about, be voices of opposition. I don’t know health care. Congressman ELLISON, about loss of what their position is. Mr. ELLISON. Reclaiming my time, I life, 18,000 people are dying every year Ms. JACKSON-LEE of Texas. Ex- want to thank the gentleman for mak- because they do not have health insur- actly. ing the point so very clear that there ance. Mr. CONYERS. I just want to find are winners and losers in the health But let me try to dispel the myth out. care roulette that we have going on in that this is a Democrat issue. This is a Ms. JACKSON-LEE of Texas. What is our country, and it would be nice to bipartisan issue, and I don’t know when it. hear from some of those people who our friends on the other side of the Mr. CONYERS. And I offer the hand seem to be coming up roses all the time aisle are going to get it. Because if his- of cordial exchange of views that we al- to explain exactly what’s going on. tory was recollected, you would see ways do in the Judiciary Committee, Mr. CONYERS. But they make the that Nixon, Carter, and Clinton all and that is can we talk. Let’s see where policy. I’m not a work inspector that tried health reform because it was im- we have areas of agreement and where wants to know how many hours they perative. And if we had enacted Federal we have areas of disagreement. That’s worked or what they did, but they health spending as a percent of GDP how the legislative process works. And make the decisions that lead us to be dealing with health care under Nixon, then get all of the facts out on the here, the whole Congress, two commit- Carter, or Clinton—meaning that we table and decide what form and shape tees in the Senate, three committees in would have cut the cost, slowed the health care reform is going to take. the House. We have caucuses every sin- cost down—we would not be where we I can’t predict it now. If somebody gle day. Talk to me, somebody. If I’m are today, which is this excessive cost asked me to tell them what a strong going to be working on something this in health care—and I’ve got a small public option is—I’ve never seen a pub- enormous, a multitrillion dollar deci- chart. But the main idea is to say to lic option in my life. I don’t know what sion, the people that have been making you that spending would be much lower it is. I know that it’s an alternative to the decisions all these years, they have today if we had enacted health care re- the 1,300 private insurance companies, got to send me some letters. form under Nixon, Carter, or Clinton. that every industrial company has at b 1730 Right now we are spending 5.2 per- least one or more public options. But cent of annual growth, and we’re what its precise characteristics are, no- Mr. ELLISON. Well, Mr. Chairman, if spending $2,000, it seems, in U.S. dol- body’s ever handed me a sheet of paper I could cut in. I just want to read very lars per capita for individuals trying to and said, This is a public option. quickly before I hand it over to the be covered by health care. If Nixon, Ms. JACKSON-LEE of Texas. If I gentlelady from Texas, SHEILA JACK- Carter, or Clinton health reform had could reclaim the time yielded for a SON-LEE, that I have somebody from been enacted, the share of GDP on moment. And I thank the gentleman Minneapolis who wants to tell me that health spending in the U.S. would be for clarifying that. their family—it says actually this, ‘‘We closer to other countries. You’re right. I am willing to hear are in foreclosure, housing foreclosure, We have a problem, and the inter- them too, but juxtaposed alongside of health insurance is $600 a month for a esting thing is that we seemingly are listening to a reasoned discussion and family of five. We applied for a loan listening to our own voices and the debate as to whether you’re for or modification and were denied.’’ against, or what you’re for, and to get You know, this is a big deal. This voices of those who do have a right to express them but seem to be confused them to understand what a vigorous family is dealing with this situation. public option is, as we’ve interpreted ‘‘Even with a loan modification, we by the messages that are coming out. We see the attack on TV suggesting Medicare Plus 5, which will harm no still would not be able to afford our that this bill will take away Medicare one. I want to hear from the sick and mortgage because of the cost of our from seniors. It is well known that we the infirm, people who have suffered. health care insurance.’’ Maybe you are better now. But you’ve This is what a young lady trying to have been working with AARP. They suffered the burden of not having put food on the table is dealing with in are not beholden to us. They are not health insurance. my district right now. And I just think making decisions precipitously. They Mr. Chairman, we’re going to con- that her voice deserves to be heard as are looking closely at their responsibil- vene those individuals in Washington, well. ities to their members. And I can as- So with that, let me yield to the gen- sure you they are watchdogs, and they D.C. We’d love for you to reach out to tlelady from Texas and note that we want to have a fix in the doughnut our office. If you’re prepared to drive in have about 12 minutes left of our time, hole—Medicare part D—and they want or bus in or fly in so that your story and it has been a wonderful hour. to ensure a healthy Medicare, and they can be heard, here’s my condition: Be- And the gentlelady from Texas, let want to protect their members. So cause I had no insurance; my insurance me welcome you to the floor, and I there is no substance to the character- was denied because of pre-existing dis- yield to you for your remarks. ization that we want to take away your ease; or because, in essence, my insur- And by the way, thank you for bring- insurance, that we want to take away ance said, you are not covered. These ing people together next week to let Medicare, that Medicare Plus 5 will not voices we have not been able to hear on the people be heard. be valid. the floor of the House or in committee I yield to the gentlelady. And there are questions about hos- rooms. When various individuals who Ms. JACKSON-LEE of Texas. Let me pitals. Some of us are openminded in have opposed this approach have of- thank the gentleman from Minnesota dealing with this question about hos- fered their proposal, who are they and the distinguished chairman, who pitals, making sure that they don’t speaking for? Are they speaking for was really posing a rhetorical question represent to themselves that their that throng of individuals who claim as to why the voices of opposition are doors are closing. We’re concerned that this country is their country as in opposition, and let us hear about about doctors; we want to make sure well, but they have not been able to se- their case. that they can keep their doors open. cure the opportunity for good health And today I am on the floor joining And I would offer to say this point: care. you, Congressman ELLISON, to thank The chairman has spoken about the Mr. CONYERS. Could we have friend- you as you’ve kept this battlefront voices of opposition, if I heard him as I ly CEOs of health insurance companies going. Many of us have had moments came on the floor, Why can’t we find join us at that hearing? Would they be when we have had to depart quickly, out what their gripe is, that are mak- invited too? and therefore, we have missed the oping this amount of money and seem to Ms. JACKSON-LEE of Texas. I think portunity to share with you, but we be doing well? that that would be most advantageous have appreciated the opportunity for Mr. CONYERS. Would the gentlelady because then we could hear from indi- your presence on the floor. yield? viduals who feel and know by their We have got to have health care re- Ms. JACKSON-LEE of Texas. I would work and their research and their com- form now. We have got to have a vig- be happy to yield to the gentleman. panies’ research that their house will

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.084 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11156 CONGRESSIONAL RECORD — HOUSE October 8, 2009 not collapse if we open up insurance so ica where we’re all included, we’re all a letters sent to the President, along that all Americans have access to in- part, health care for all, peace now, en- with letters sent to my office, phone surance and that we have 100 percent vironmental sustainability, and civil calls asking me to support our troops, coverage. rights for everybody, health care per- support the generals on the ground, What I am shocked about, something formed, patients before profits. support our military chain of command as vital as health insurance and as I yield to the gentlelady and the gen- and to do the right thing in Afghani- close to saving your life as health in- tleman for their last words. stan. And that’s to give us a chance to surance, people are willing to say it’s Ms. JACKSON-LEE of Texas. I am win where we know that we can win. okay if 47 million Americans are unin- proud to be part of the Progressive The United States versus the sured. They seem to believe that that Caucus and working closely in negoti- Taliban. Think about that for a second. is a statistical number that we can ating and working with my colleagues The United States versus the Taliban. bear. on ensuring a vigorous public option to And what the questions are and what I want these individuals who have save 18,000 lives every year. we have to do. As Sun Tzu said, Don’t suffered unfortunately and tragically I yield to the distinguished gen- go to war until you know you can win; from our failed health care system— tleman. and when you go to war, know that not in terms of quality, not in terms of Mr. CONYERS. I just want to close you’ve already won it. commitment, not in terms of good hos- the debate hoping that one of the dozen So what General McChrystal is ask- pitals, but in terms of covering all presidents of the health insurance coming the President to do quite simply is Americans and lowering the costs. panies will join us—maybe all of them three things to win the war in Afghani- Democrats are standing here advo- or as many as schedules will permit. stan: First, give us a surge in troops cating for lowering the costs. And this What I want them to know is that more than the troops that we’ve al- document that was presented to us by, they’ve never said that they didn’t care ready approved—at least 43,000 more if I might, by Karen Davis, president of about the 47 million people who aren’t troops—to be able to secure the towns the Commonwealth Fund, suggests to insured. and villages and cities so that people us if we had suggested the health care f feel safe, so that people come out of the reform of Nixon—who was a Repub- woodwork and the intimidation of the MESSAGE FROM THE SENATE lican—of Carter and of Clinton, we Taliban and can feel that they can would have had lower health care costs A message from the Senate by Ms. trust the Americans and our allies, today. Curtis, one of its clerks, announced that we’re not going to leave, that And I can assure you we wouldn’t that the Senate agrees to the report of we’re going to stand by them and stand have the premium surge, the upstart, the committee of conference on the by for the people’s rights and freedom the support of the premiums that are disagreeing votes of the two Houses on in Afghanistan. probably impacting the family between the amendment of the Senate to the bill (H.R. 2997) ‘‘An Act making appro- mortgage foreclosures that have not b 1745 been responded to, the $600-a-month priations for Agriculture, Rural Devel- premium that they have to pay in opment, Food and Drug Administra- This has been an issue of a lot of con- order to provide for their family. tion, and Related Agencies programs tention and, quite frankly and unfortu- Mr. ELLISON. If the gentlelady will for the fiscal year ending September 30, nately, politics, not only here in the yield, I have one more I want to show 2010, and for other purposes.’’ House but between the two parties and to you. f across this great country. The second Another gentleman named Patrick thing is to integrate with the Afghan TURNING POINT IN WAR ON who says, We have a 19-month-old people. It’s going to be risky. We are TERRORISM daughter with congenital heart prob- going to have to come out from behind lems. We’re self-employed. She was de- The SPEAKER pro tempore. Under the walls, out of the Bradleys, come nied coverage. We pay $14,000 a year. the Speaker’s announced policy of Jan- down from the turrets in the Humvees Ms. JACKSON-LEE of Texas. This is uary 6, 2009, the gentleman from Cali- and really do a much better job of win- a crime. fornia (Mr. HUNTER) is recognized for 60 ning the hearts and minds of the Af- Congressman ELLISON, thank you for minutes as the designee of the minor- ghan people. that real-life exhibit, if you will. And ity leader. It’s going to open us up to risk, and to that family, we don’t want to suffer Mr. HUNTER. You know, we’re at a it’s going to up us up to harm’s way, this kind of injustice to you much turning point right now in the war on quite frankly. But I think General longer, a 19-month-old who is denied terrorism. We talked about Afghani- McChrystal understands that it’s going because of preexisting disease. stan today, Madam Speaker. But first to take some sacrifice; it’s going to I know if we start this program, first as we do this, I would like to yield as take making the risks and the hard de- of all, we’re expanding CHIP, Chil- much time as he may consume to the cisions to be able to accomplish this dren’s Health Insurance Program, we gentleman from Florida, an Army vet- goal. Because, on the other hand, you will be expanding Medicaid. We’ll have eran and a member of the House Armed have the Taliban, which operates under a public option. There will be an oppor- Services Committee, TOM ROONEY intimidation, operates under violence tunity for the private insurers. This is Mr. ROONEY. Thank you, Mr. and threats that, if you cooperate with a big country. We’re growing exponen- HUNTER. the Americans, we won’t forget it and tially, and the issue is, those are the Just last week, myself, along with you will be punished, and there will be sad stories. Mr. HUNTER from California, sent a let- recourse for the things that you have I wish that gentleman could come ter to the President asking him to take done to cooperate with the enemy, in here to Washington and tell his story seriously the request of General that case, us, the United States. because these are the voices that need McChrystal, the commander in Afghan- The third thing that General to be heard. Even though we heard istan; ask McChrystal to come to this McChrystal asks of the Commander in them in our town hall meetings, they body and address the Congress—or at Chief is to help end the corruption in need to be here in the Nation’s capital, least address the Armed Services Com- Afghanistan politically. This is the their home, their capital, to tell this mittee, of which I am a member—to let hardest of the three prongs and I think body and the other body what this is in us know what his plan is in a very spe- the most important. The local govern- real life and real time. cific and detailed manner so that we ments, the regional governments and Mr. ELLISON. If the gentlelady and can ask the tough questions, that we the central national government have the gentleman will yield. can do the people’s work and to look a long, long way to go in ending what We are down to about 1 minute. out for our men and women serving in has been a long string of corruption in So let me just say—because you will uniform. Afghanistan. That’s going to be the have the last word—this is the Progres- Along with many members of the most difficult aspect of General sive Caucus coming to you week after freshman class, that letter was sent McChrystal’s request. But, again, we week for a progressive version of Amer- last week, and along with many other have the best team in place.

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.086 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11157 The President, to his credit, has as- come into question. Some in Congress even met with face to face until he sembled the finest military and civil- have raised opposition to any type of took his Olympic sightseeing tour to ian defense staff that, as a former troop surge whatsoever, even if it Denmark when he finally deigned to Army captain, I could possibly ask for, means defeat. They instead prefer to meet General McChrystal face to face, Secretary Gates, Jim Jones, General maintain or draw down our combat he’s now listening to possibly Vice Petraeus, even General Shinseki being forces, focus on training local security, President BIDEN. So he’s going to listen on the cabinet, even though he’s with and rely on targeted air strikes and to Vice President BIDEN’s advice on Af- the Veterans Administration, just an drone strikes. While a scaled back ghanistan instead of the four-star gen- outstanding dream team of military strategy might be attractive to some eral who he put in charge in Afghani- brass. We have the best team in place. people, it would inevitably constrain stan. I urge the President to listen to resources already in short supply in Af- In mid-April, Chairman Mullen and them, take their counsel, do the right ghanistan, unnecessarily putting our Secretary of Defense Gates actually re- thing in Afghanistan, finish the job mission and the safety of the coalition placed General McKiernan with Gen- that we started there. Whether or not forces at risk. eral McChrystal because he specialized it was neglected, whatever argument General McChrystal has made it in counterterrorism. Counterterrorism. you want to make, starting from today clear that a small footprint counterin- That’s what Vice President BIDEN on, for the kids that are there now, surgency strategy will not work in Af- wants to do. McChrystal, even after that are manning a post, that are out ghanistan. What’s more, General being an expert in counterterrorism, there alone and cold and homesick and McChrystal has clearly defined our ob- came back and said, counterterrorism undermanned, let’s do the right thing jectives and the metrics for achieving is not going to work. It’s got to be and send a message to the world that victory against a resurgent Taliban counterinsurgency. So to have this the United States of America will and possibly al Qaeda. This entails our counterterrorism expert come out and stand up for freedom across this great ground forces working to stand up Af- say counterterrorism’s not going to planet of ours and stand by where free- ghanistan’s security and police forces work, we need a COIN strategy, the dom wants to ring out. as we did in Iraq and substantively counterinsurgency strategy, we need to And I believe it does, and I believe it weaken the stronghold of al Qaeda and get the Afghan people on our side and will; and we should not let politics play the Taliban to the point where these the only way to do that is to secure the a role in this, and let the generals on local forces can effectively take con- area, that’s pretty phenomenal. the ground do their job, and then sup- trol. As we speak right now, Madam port the President once he makes that Madam Speaker, this is nothing new. Speaker, the Iraqi troop levels are decision. We had almost the exact same chal- going down. Equipment and resources Thank you, Mr. HUNTER and Madam lenges in Iraq and we were told 2 or 3 are coming back over here to the U.S., Speaker. years ago we were going to lose in Iraq, and they’re also going to Afghanistan. Mr. HUNTER. I thank the gentleman the surge wouldn’t work; there was no We have won in Iraq, and we can win in from Florida for his service in the way we could win. It was a quagmire. Afghanistan; and we can bring civility Army as well as his service now to the We were going to be stuck there, and Nation in Congress. He’s really living to the Afghan Government so that we Iraq was another Vietnam. Well, guess up to those Army ideals. You know, can leave. But here’s what we have to do. We now that this security situation in Iraq what? You can walk up to any soldier, have to have enough boots on the is under control and U.S. forces are be- marine, sailor or airman who has ground to provide security needed to ginning to rotate out of that region, served over there and don’t just say, properly train and equip the Afghan se- we’re confronted with a new challenge thanks for serving, you can say thanks curity forces, both police and army. of equal significance in Afghanistan. for victory, because we’re now rotating By all accounts, the combat mission home out of Iraq in victory, not defeat You’ll see many people saying that it’s in Afghanistan has reached an impor- because of General Petraeus, General impossible in Afghanistan because Af- tant crossroad. In March, President Odierno and the almost exact same ghanistan’s a much larger land area Obama unveiled a new approach to strategy of surging to provide security than Iraq is. That is true. achieve this victory in Afghanistan, reso that we could stand up the Iraqi Afghanistan has more area than Iraq minding all Americans of the necessity forces, stand up the Iraqi military and does. But it’s got much smaller con- to disrupt, and I quote from President the Iraqi police and the Iraqi Govern- centrated population centers. There’s Obama, disrupt, dismantle and defeat ment so that we can leave. only two really. There’s RC South. al Qaeda, in Pakistan and Afghanistan Afghanistan is not Iraq, true, but This is the Helman province. and to prevent their return to either that counterinsurgency strategy still Kandajar’s there. That’s where the ma- country. stands. It still works. The more troops rines are at this point in time. Then Leading the mission in Afghanistan we send over to Afghanistan, the more you have Kabul and RC East. That’s is General Stanley McChrystal who secure we can make Afghanistan and where the Army focuses on. Pakistan’s was appointed by the President and the quicker we can leave Afghanistan over there to the east. This is that Secretary Gates to evaluate the situa- victoriously. We truly are at a vital mountainous range where you have tion on the ground and provide a returning point in Afghanistan, and the drug runners coming across, you have source request detailing the needs to President does have a very difficult de- people bringing weapons across, you achieve his victory. The President now cision to make. To quote General have Taliban, al Qaeda and general bad has General McChrystal’s request in McChrystal: time matters. We must guys coming across with that far hand, which includes adding another act now to reverse the negative trends arrow. Then you have RC South here 40,000 combat troops, minimum, to the and demonstrate progress. where those marines are in Kandajar. region. President Obama himself, in March, Those are the two main population As the President considers what said that the counterinsurgency strat- centers. That’s what we’re focusing on. course to take, the security situation egy, also known as COIN, is the way to When it comes to IEDs going off, those in Afghanistan is deteriorating. The in- defeat the Taliban in Afghanistan and are improvised explosive devices, the surgency is gaining strength, and U.S. to defeat al Qaeda. The strategy pre- roadside bombs, the 155 rounds put un- soldiers, marines, sailors and airmen, sented by the President and his na- derground by the bad guys to blow us as well as our allies, are being increas- tional security team would require, up. ingly targeted by ambushes and road- quote by the President, executing and In Iraq we had a very complex road side bomb attacks. To prevent mission resourcing an integrated civilian, mili- system. There were towns all over, cit- failure and to protect those troops al- tary counterinsurgency strategy. ies all over, bases all over. We had to ready there, the President must act But now, the President, instead of run resupply routes going everywhere. quickly to fulfill General McChrystal’s listening to the general he appointed In Afghanistan you don’t have that. request for more combat resources. who is the resident expert in Afghani- You have one main road that rings the Only until recently the collective stan, who’s on the ground in Afghani- entire country. It’s called Ring Road commitment to this new strategy has stan, and who the President had not because it’s a big round road. The only

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.088 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11158 CONGRESSIONAL RECORD — HOUSE October 8, 2009 places we have to stop these IEDs from I don’t think that shows good leader- but to Afghanistan’s neighbors, such as going off are between those two arrows. ship. What I would like to see the Pakistan, and to our allies, who will That’s it. These IED casualties that we President do is listen to the head gen- continue to be the targets of terrorism, see coming back, which is 85 percent of eral who he appointed, who he put in as will ourselves. our casualties in Afghanistan right place, and who is the smartest person In weighing this, he will also have to now, are improvised explosive device possibly in the entire United States think about the honor of the United casualties. military on Afghanistan and knows States, a Nation which throughout its If we stop those, we will stop sus- how to win this fight. history has posed a threat to tyrants taining major casualties so we can and terrorists throughout the globe— b 1800 move on to this security phase. We not because of our actions, but because have to stop the IEDs and we can do it I would like to yield such time as he of our existence. just like we did in Iraq; and it’s actu- may consume now to the honorable It is our existence as a free people ally easier to do it in Afghanistan. The gentleman from Michigan, Mr. THAD and a people large enough of heart to Department of State needs to work on MCCOTTER. expand that liberty to others to defend the Afghan government structure. I Mr. McCOTTER. I thank the gen- it here for ourselves, that we have, won’t argue with anybody who says tleman for yielding. Because of its throughout our history, faced chal- that the Afghan Government right now prestige in the history of our Nation, lenges, both martial and ideological. is almost completely corrupt. There the Presidency and its occupants are Within the context of Afghanistan, a are many charges leveled against often envied. This view is erroneous, decision for a withdrawal that will con- President Karzai who says he’s corrupt. because within the Presidency comes stitute a defeat means that the United And the Afghan government system the requirement to make painful, ago- States of America will say to the peo- that we have set up right now over nizing decisions between war and ple of Afghanistan: You will again be there does not represent the thousands peace, between life and death. Many of returned to the murderous regime of of the years of the Afghan tribal set-up its past occupants have said that it is the Taliban. Women will be again that they’ve had that the Afghan peo- the loneliest of places in the United treated as second class citizens. Chil- ple are used to. That’s going to be a States to be in that Oval Office when dren will again grow up in a culture of major challenge. Getting the Afghan the weight of these demands fall upon violence and hatred directed at other people to trust in their government so your shoulders. people, and the United States will have that they actually go out and vote and Understanding this and empathizing broken its word to them. they actually tell us where these im- with our President and fully under- Today, there are decisions even provised explosive devices are being standing our role as the servants of the greater than the one the President implanted, that’s a counterinsurgency sovereign citizens who sent us here, we faces being made. It is by our men and problem. have to offer the President honest ad- women in uniform, our allies in the Af- We need to work on the Afghan Gov- vice for his consideration in just such ernment. We need to make sure that ghans, who every day wake up fully circumstances. I do so today. conscious and devoted to the cause of it’s not corrupt. Right now I am a Con- We have seen the report from the gressman from San Diego, California. I human freedom in Afghanistan, despite commanding General on the ground, was voted in by the people of San whatever the Taliban and al Qaeda and General McChrystal, who was ap- Diego. In Afghanistan you don’t have others may do to them. pointed by the President to implement that. In Afghanistan, President Karzai It is this type of decision, this type of the President’s counterinsurgency appoints who the different representa- bravery, this type of commitment to strategy. I applauded that move. I ap- tives are. So that’s like President the God-given right to liberty that is plauded the President’s willingness to Obama saying, You aren’t allowed to possessed by every soul on this Earth go to a counterinsurgency strategy. elect DUNCAN HUNTER. What I’m going that motivates ourselves and our allies We have of late seen tendered to the to do is I’m going to tell you who your in the Afghans. And I would urge the President the recommendations of Gen- Representative’s going to be. That’s President that, in coming to your deci- eral McChrystal as to how we can, yes, how this government’s set up in Af- sion, you never forget that; that the still achieve victory in Afghanistan. ghanistan, and it does not properly rep- strength of the United States is our resent the way that the Afghan people The report said that we can have a sta- willingness to sacrifice for the expan- want to be governed nor need to be tus quo and not achieve victory. We sion of liberty to others to defend free- governed. can have 40,000 troops and a full coun- dom for ourselves; that our security is Just as important as our military terinsurgency effort—or we could have from strength, not surrender; and that and security mission in Afghanistan, more than 40,000 and a full counterin- throughout our history and throughout it’s just important that we work with surgency—to win. the future of this free Republic we will Pakistan so that Pakistan is not a safe The President is now faced with a never betray our word to oppressed haven to al Qaeda and to the Taliban. momentous decision. The decision is peoples we have helped to come to I want to read a few quotes here. This whether we shall have victory or we emancipate, for in doing so we will be- is President Obama talking about Af- shall have defeat, a defeat which, how- tray our own birthright as free citizens ghanistan. He says, and I believe this, ever disguised, as a withdrawal or oth- and endanger our own security. Afghanistan has to be our central erwise, will be viewed by our enemies, Let us pray for our President as he focus, the central front on our battle our allies, and the Afghan people as a makes this fateful decision and let us against terrorism. President Obama defeat. hope he comes to the right one—a vic- said, Troop levels must increase in Af- It is my sincere hope that the Presi- tory in Afghanistan, a victory for the ghanistan. And as little as 21⁄2 months dent supports and implements the Gen- Afghan people, a victory for the cause ago, he said, For at least a year now, I eral’s request for at least 40,000 addi- of human freedom in our all-too-tor- have called for two additional brigades, tional troops and a full counterinsur- tured world. perhaps three. gency strategy so that the United I yield back to the gentleman from The President obviously knows what States, their allies, and the Afghan California. needs to be done in Afghanistan be- people can be free. Mr. HUNTER. I thank the gentleman cause he’s called for it. In his campaign You see, within the context of this from Michigan for his words so well he said, Afghanistan is the central decision, the President must consider, put. You can see that he understands fight against terrorism. When he be- obviously, the lives of our troops in the what is at stake in Afghanistan. came President he said Afghanistan is field, our allies in the Afghans. The What interests me about Representa- the central fight against terrorism. President must weigh the consequences tive MCCOTTER’s words, we just want And now that it looks like it’s difficult to our Nation and the world of a re- the President to do the right thing. politically, he’s stepping back from vanchist Taliban return to power, an And we believe that he knows what the that assessment and he’s saying, Well, emboldened al Qaeda, and the dangers right thing is, because it was his idea. we have to wait and see here. We have that it imposes not only for the people He brought up the counterinsurgency to look at this. of Afghanistan and the United States, strategy. He said that Afghanistan

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.089 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11159 should be the main focus in the war on being indecisive on what we’re going to best way towards accomplishing all of terror. do over there, so Pakistan could pos- these goals. My hope and Mr. ROONEY’s He knows what the right decision is sibly become destabilized. hope, and it should be every America’s because he has already made that deci- Out of all of the bad things hap- hope, is that a favorable decision is sion in his mind months ago. He put in pening in this world—Mexico implod- reached promptly so that our military, General McChrystal because he knew ing because of its narcotics trade and this Congress, and the administration that General McChrystal was the right its gang war, North Korea shooting off can begin doing everything they can do guy at the right time to lead us to vic- nuclear missiles, Iran shooting off nu- to provide the full resources necessary tory in Afghanistan. clear missiles, getting that fissile nu- to execute a counterinsurgency strat- The President knows all of this, and clear material there—all of these egy. we can only pray that he makes the things could happen. We have to know here in Congress right decision in Afghanistan or Amer- This world is a very dangerous world. what the President wants to do. We ica will be a much less safe place than We all know that. One of the most like- need to know what his decision is so we it is now. ly, though, and one of the absolute can get the men and women serving What happens if we don’t win in Af- scariest, is the destabilization of Paki- over there right now, the ones getting ghanistan? What happens if we keep stan; it’s Pakistan going away and the shot at, the ones getting IEDs, the ones the troop levels the same or we incre- Taliban getting their hands on their getting rocketed, we want to get them mentally escalate our troop levels over nuclear weapons. I don’t think we what they need. there that is not a surge but we add a would want to think about what would One of the things they need is the few thousand troops at a time, what’s happen if the Taliban or al Qaeda got support of the American people. Until going to happen in Afghanistan? their hands on Pakistan’s nuclear President Obama comes out, makes his First, Afghanistan will become once weapons. This entire area would be de- decision, lets Congress know about it again a petri dish for terrorists. Al stabilized, and I guarantee you they so we can inform our constituents and Qaeda will return to Afghanistan. would be gunning for another 9/11. And we can tell them why it’s important There’s already networks there. One is it would be that much easier for them that we win in Afghanistan, our men the Hakani network. They’re in touch because we’re not there anymore. and women overseas right now are suf- with al Qaeda all the time. And I understand we’ve been at war fering. Al Qaeda will be back in Afghanistan. in Afghanistan since 9/11. We’ve been You don’t think that the privates, We won’t be there anymore. The over there a long time, over 7 years. sergeants, corporals, staff sergeants at Taliban will have control of Afghani- And I understand, Mr. Speaker, that the officer corps in Afghanistan are stan because they have shadow govern- the American people are tired of war. I looking back right now, watching C– ments set up throughout the entire was in the Marine Corps. I joined after SPAN watching CNN, and saying, Our country. 9/11. I did two tours in Iraq and one in main General, General McChrystal, the This is not like in Iraq where there Afghanistan in 2007. I was in the Battle man who we’re following, the man would be a car bomb going off for no of Fallujah in Iraq. I was in Diwaniyah. who’s asked us to fight, the man who’s reason other than to hurt people. A car I was in Babylon. asked us to drive these dangerous bomb in Iraq is not an alternative form I’m tired of war, too. But what I want roads, the man who’s asked us to kill of government. to make sure of is that our country the enemy for our country and our The Taliban in Afghanistan is an al- stays safe, it stays secure, and it stays lives are put in danger, he’s asking for ternative form of government. They free, and we don’t turn our backs on a 40,000 troops, and the administration in want to take over this fledgling, pos- people who we promised aid to. If we D.C., in Washington, is not giving them sibly corrupt, democracy parliamen- lose in Afghanistan, it will embolden al to him right now, they’re thinking tary system that we have set up in Af- Qaeda, it will embolden all of our en- about it. ghanistan. As bad as it is now, this Af- emies, and we will see increased at- b 1815 ghanistan Government that they have tacks. set up, the Taliban would be much, This is not a scare tactic, Mr. Speak- We’ve had enough time to think much worse. er; this is simple fact. If we’re not about it. It’s been 7 years. Was our So what if we don’t win? Afghanistan there, if America does not lead, our al- strategy in Afghanistan under Presi- will become a breeding ground for ter- lies will not lead themselves. America dent Bush the right one? No, it prob- rorism. Pakistan, which has nuclear is the leader in Afghanistan and our al- ably wasn’t. It probably was not the weapons, will be destabilized, com- lies are following them. right one. We were focused on Iraq, and pletely destabilized. I served with the British, Canadians, frankly I think that’s a good thing, I will tell you right now what is Australians, the Poles, Czechs, the too, because we have won over there going on in talks in Pakistan and with Italians, Spaniards, French. I served now. But we need to shift focus to Af- different Taliban people—not because with a whole lot of people, other coun- ghanistan. That’s what this President I’ve heard this from anybody; just be- tries that are in Afghanistan, and said he would do. Experience tells us cause I know because this happened in they’re following us. We are the leaders that wars must be run by our military Iraq. The Taliban is telling the Afghan for this war. leaders, not politicians or bureaucrats people right now: America’s going to We are providing that leadership role back here in D.C. I don’t want to create leave. Look how indecisive they are. and we’re the economic pillar for this strategy for Afghanistan. That’s not Their President, even after he said that war, too. And it is an expensive war. my job. My job, as a congressman, is to they’re going to surge in Afghanistan Wars are extremely expensive. Afghan- give the military men and women the to have this counterinsurgency strat- istan, with its tribal layout, its moun- support that they need to get the job egy, they can’t make a decision. And tainous regions, its desert, its terrain done for whatever the President, who’s the people of Afghanistan are listening. is more complicated than Iraq is. Commander in Chief, sets out as their Why would the people in Afghanistan This is not easy. We aren’t saying strategy and their goals. You don’t not go with the Taliban forces if they that this is easy. We’re saying this is want me running a war. You don’t think that we’re going to leave? Be- going to be very, very difficult. But we want Vice President BIDEN running a cause if we leave, they’re going to be have the willpower, and I think we war, either. That’s why General slaughtered. There will be reprisal at- have the ability. We have the leader in McChrystal is there. That’s why Gen- tacks against those Afghans who dared General McChrystal. We sure as heck eral Petraeus is there. That’s why Gen- help America; who dared tell us where have the men and women who want to eral Odierno is there. They are the resi- the IEDs were being planted at; who serve and win in Afghanistan. We can dent experts. dared say, These guys over here are bad do this. The President rightly recognizes the guys, Sergeant. Could you go get them So, consistent with General importance of defeating al Qaeda and for me? McChrystal’s recommendation, the ini- the Taliban, but in order to do so, he The people of Afghanistan are going tial strategy outlined by the President must stay clear of political currents to stop working with us if we keep almost 7 months ago constitutes the and do what is right. And once more, I

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.090 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11160 CONGRESSIONAL RECORD — HOUSE October 8, 2009 truly believe that he knows what is our veterans all the way back to many Mr. KING of Iowa. Reclaiming my right. Because what General McChrys- wars prior to today. The Department of time, I so much appreciate the gen- tal, once more, has brought to the Defense authorization bill was used as tleman from California. I’m looking to President in his resource request was a political tool by the left to advance a this new leadership that’s emerged into what the President asked him to do. left-wing agenda that should be appall- the new Congress, and DUNCAN HUNTER On two occasions over the last few ing to the American people if they un- is one of those people. The statement years, I have been to Afghanistan, both derstand the motivation of this idea of that he has made, I concur with. I have as a Member of Congress and as a Ma- inserting hate crimes into the Depart- looked at the Department of Defense rine. While there, I served alongside ment of Defense authorization bill. authorization bill with hate crimes leg- and shared experiences with the best It’s a piece of legislation that had islation, which is, in fact, thought that this country has to offer. They are passed off the floor of this House a crimes legislation, built into it, slipped truly the greatest generation. People piece of stand-alone legislation. Many into it as a, not quite a poison pill, be- that have so much opportunity, young of us opposed it. It is activist legisla- cause there were liberals over here men and women, they could go to col- tion that sets up and creates sacred today, and I would be happy to yield to lege, they could pretty much do what- cows, people who get special protected any one of them that want to stand up ever they wanted to do. Instead, they status, people who are identified by and defend themselves, liberals over went and served. I have had the awe- their alleged, hopefully private, sexual here today that maybe for the first some opportunity of serving with behavior or thoughts. This is a bill time voted for the Department of De- them. And they have dutifully under- that the United States Senate couldn’t fense authorization bill because it had taken their mission to protect our Na- figure out apparently how to debate on this hate crimes legislation in it, the tion and the Afghan people. I have also its own and send back over here to the thought crimes legislation in it. Their spoken to many civilian leaders and House amended or simply send it to the radical social agenda in some cases military leaders outside of Afghani- President. So they polluted the Depart- overcame their resistance to sup- stan, and they know what the right ment of Defense authorization bill with porting our military. And so it was a thing to do is. Our goals in Afghanistan it. double-edged sword that was put in will become further out of reach. In I would be very happy to yield so here, a rotten sword, the wrong, wrong fact, they become more out of reach much time as he may consume to the thing to do. every single day that we dally here at gentleman from California who I think I looked at it from this perspective: home and not give them what they has an opinion on this matter. that if we are going to let them put have asked for. Mr. HUNTER. I thank the gentleman. into the Department of Defense a piece If we significantly reduce our mili- The liberals in this Congress and in of legislation that’s so contrary to the tary presence right now, at this crit- the Senate did a despicable thing rule of law, so abhorrent to equal jus- ical time, the war in Afghanistan will today. There is usually one bill in this tice under the law, it turns out to be be lost. Understanding this risk, I sin- Congress that gets passed that’s non- holding the Department of Defense hos- cerely hope that President Obama, as partisan. It’s bipartisan. It’s the au- tage; it’s almost like somebody kid- Commander in Chief, will follow the thorization bill to get our military napped the Department of Defense bill recommendation of his appointed mili- what it needs. And it has never been so and required that in order to pay off tary commander and commit his full important as it has been during this the kidnappers, the ransom note was support to this important mission. time of war. This is beans, band-aids, the hate crimes bill. That’s what hap- f bullets, trucks, armor, and flak jack- pened. I don’t think anybody is going ets. Everything that we need to win to stand up and defend that today. HATE CRIMES LEGISLATION these wars in Iraq and Afghanistan is They wanted to avoid that debate. The SPEAKER pro tempore (Mr. in this authorization bill that was They wanted to force a vote. And PERRIELLO). Under the Speaker’s an- being voted on today. I voted ‘‘yes’’ on President Obama, of course, supports nounced policy of January 6, 2009, the it. Many voted ‘‘no,’’ and they were in the hate crimes legislation. So he will gentleman from Iowa (Mr. KING) is rec- the right as well as I was in the right. sign the bill, and it will be law in the ognized for 60 minutes. And here is why. To attach a hate United States of America. And then we Mr. KING of Iowa. Mr. Speaker, I ap- crimes bill, a thought crimes bill, will be asking juries and judges to dis- preciate being recognized and the op- which is wrong in and of its own, but cern not the act that might be com- portunity and the privilege to come to has nothing to do with the military, mitted that’s a crime, but the thought the floor and address you here. It is nothing whatsoever, but the Democrat that was in the head of the perpetrator also a bit nostalgic to step in behind Congress knew that we would not vote and the victim. And it is not the basis DUNCAN HUNTER. I remember many against the military. That’s the hand of the law going all the way back to times standing here on the floor of the that they played. So they put one of English common law to determine House debating issues, and a lot of the worst and most rotten bills that what’s in the head of the perpetrator or them were national security issues, in- has been passed by this Congress on the victim when a crime is committed cluding our immigration issues, with top. They piggy-backed it on top of our because an individual is a sacred life. DUNCAN HUNTER’s father. And this defense authorization bill because All life is equal under the law. Whether transition has been very good to see a who’s going to vote against the troops? you’re a little-bitty baby or whether young man, a young marine, stand here That was their slant today. And as a you are a senior citizen with a ter- in the well and speak to you and talk marine and as a congressman, it is one minal illness, those that value those to you about our national security of the most despicable things that I lives under the law are valued equally. issues from the experience standpoint have ever seen done by this body. Some The father of Senator BOB CASEY of of a marine who has served in Afghani- of us voted for it. Some of us voted Pennsylvania as a Democrat Governor stan and now one who serves in the against it. Each of us voted our own of Pennsylvania, said this: Human life United States Congress. I very much conscience on this, and both votes were cannot be measured. It is the measure appreciate the addition to this Con- right. We do have to get our military itself against which all other things gress that he is. what it needs on one hand, but on the are weighed. We measure the life and I lament what we have seen happen other hand, we are not going to be rid- say that it is the measure itself, and an today, this activity that this Congress den roughshod over by a liberal Con- act committed against a person’s life, has gone through; the Department of gress that thinks that they can attach and it could be murder, it could be as- Defense authorization bill that saw at absolutely despicable bills to impor- sault, it could be rape, it could be a least 144 or so vote against it. Most of tant things like the defense authoriza- number of different acts actually those that voted against the authorization bill. That’s why voting ‘‘no’’ on against a person’s property, and now tion bill, including me, support, of this bill today was also the right this hates crime legislation for the course, the Department of Defense and choice. So I thank the gentleman for first time would increase the punish- our national security and all of our his conscientious vote today, and I ap- ment against someone because the vic- men and women in uniform and all of preciate it. tim may have perceived that they were

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.092 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11161 of a different sexual orientation. So for tects some acts that are criminal be- There are a lot of them, and I can bog the jury or the judge to get into the cause they are under this list of us all down in this, but I will take you head of the perpetrator and the victim paraphilias that are part of the sexual down to the part of the bill that gives for the first time and value the victim orientation or gender identity of the me the most heartburn. And there is no who might be, because of their sexual alleged victims or maybe even the per- cure offered for my heartburn if this orientation or their gender identity, a petrators. bill should pass. We have private insur- special protected class of people, dif- It is a horrible piece of legislation. It ers in America. This black-and-white ferent from everybody else, so a crime addresses crimes of violence, which box here, that represents 1,300 private committed against a self-alleged homo- means an offense that has an element insurance companies in the United sexual would be punished additionally. that threatens the use of force against States of America. It is a lot of compa- If there were, say, two people who property of another that might be the nies, a lot of competition; 1,300 private were equally victims of a crime, one of property of someone with a particular health insurance companies. them was a self-alleged homosexual, sexual orientation or gender identity. They are offering in the area, the the other one was not, the penalty for This is bad law. It is bad legislation. best estimates we have, about 100,000 the assault on the homosexual would It is a bad, bad precedent for a country different policy variations. That is this be greater than the penalty for the as- that has built its strength upon the box here, traditional health insurance sault on the person who did not declare rule of law, Mr. Speaker, and now this plans. their sexuality. Mr. Speaker, that’s a pill has been slipped into the Depart- The private insurers and all of their principle that we should not cross. ment of Defense authorization bill. And plans in this box, under the bill they As we debated this issue in the Judi- there were dozens and dozens of Mem- would have to qualify in order to be ciary Committee, I brought an amend- bers of this Congress that voted ‘‘no’’ qualified health benefits plans. That is ment. Now I will argue that the way on the bill exclusively because of the this purple circle here. It looks rather the language reads and the definitions hates crimes legislation, the thought benign, but it is not benign. Getting of sexual orientation and gender iden- crimes legislation that was injected qualified for all of these 100,000 policies tity are so broad that anyone’s pro- into it. And they will be characterized with the 1,300 companies into these clivity could be included in this, now in campaign ads as being against qualified health benefits plans will be whether they are crimes or whether our national defense. done so by the rules of the bill, and the they are not. So I brought an amend- We know, and the totality of the rules are written by the Health Choices ment that would strike out inclusion of record of the Members of Congress here Administration and the commission and the commissioner. special protected status for pedophiles. is understood, but it was a raw polit- This would be one of the most power- You would think it should be clear. We ical move, and it was a bitter thing to ful positions in government, the health should be willing not to protect special see happen. I am not worried myself; I will speak choices commissioner. And you’re won- protected status for pedophiles. The dering why are they not calling him a Democrats on the committee argued up, Mr. Speaker, so I am not worried myself. czar? against it. And it went on a recorded Mr. Speaker, that is because we are I do have a couple of other subjects vote to vote against excluding full up to here with czars. I am going that I want to shift to. pedophiles as a special protected class. to call him the commi-czar-issioner, Mr. Speaker, I am shifting over to The result of it, Mr. Speaker, was spe- the person who would be writing the the health care debate. This is the cial protection for pedophiles and all rules, with his huge staff, and he would chart of HillaryCare. This legislation other paraphilias that are listed in the make the determination which, if any, emerged in 1993. At the time President American Psychological Association. of these 100,000 health insurance poli- Bill Clinton gave a speech on the floor That came to the floor of the House cies would qualify to go into the purple here of the House, September 22, 1993. of Representatives. We had a debate on circle of the qualified health benefits He laid out the principles for a na- it here. The gentlelady from Wisconsin plans. (Ms. BALDWIN) had a definition. She tional health care act, for a complete While those decisions are being made said it only includes heterosexuals or government takeover of all of the by the health choices commi-czar- homosexuals. That was her language in health insurance and the health care issioner, we would also be creating the committee. That would not include delivery system in the United States. under the bill a public health plan. then, of course, bisexuals. I think that This is the flowchart that came from That’s the public option. That is the might be trouble for her analysis. But that legislation. I will at least give him public option that—I believe today ALCEE HASTINGS, the gentleman from credit for honesty. And I will give he Speaker PELOSI said there are the Florida, stood over at that microphone, and Hillary credit for at least writing a votes to pass a public option plan here and he read a list of about 30, I will call bill. Some of us were nervous that a lot in the House of Representatives. If that them paraphilias. And he said this lan- of it happened behind closed doors. But is the case, I don’t know why she is guage protects all of these behaviors, I they did write a bill, and they tried to waiting. They will lose some Members believe all philias whatsoever, are pro- push it on Americas, and Americans re- I am convinced of that, Mr. Speaker, tected. ALCEE HASTINGS. I couldn’t be- jected the National Health Care Act in but the health choices commissioner lieve it, Mr. Speaker. 1993 and 1994. will be writing rules that have to be This is the flowchart that comes off b 1830 met in order for the private carriers to of The New York Times that was pub- qualify, all the while they are looking I couldn’t believe it, Mr. Speaker. So lished at the time. Black and white, a at setting up the Federal health insur- after the debate was over, the vote was little fuzzy. They didn’t have the ance plan that will take billions of dol- over, I went over and I personally graphics that we have now. They didn’t lars of capital to get it established, and asked him, Did you really say what have color in their newspapers like we they will write their plans with certain you said? Did I hear you right? Did I do now. But I do have the chart that we restrictions and with certain premiums miss a word? Somehow is there a mis- have for the new bill now. designed to compete with the private understanding on my part? This, Mr. Speaker, is the new chart. sector. He said, No, that’s what I believe. The black and white that is on this new Remember, the President said we That’s what is in the CONGRESSIONAL chart for H.R. 3200, the black and white have to provide some competition. We RECORD. It is in the CONGRESSIONAL are existing programs. The color are don’t have enough competition in the RECORD in the Judiciary Committee. It the new programs that are created by health insurance industry. is in the CONGRESSIONAL RECORD on the H.R. 3200. So you can see some of the I would suspect that he couldn’t an- full record on the floor of the House of things that exist. Let’s see, the Office swer the question how many companies Representatives, in the debate and the of Minority Health exists. The Office of do we have today? How many policy effort to offer amendments that would Civil Rights exists. The National Coor- options do we have today? Mr. Speaker, exclude these behaviors. And some of dinator For Health Information Tech- I have just told you, 1,300 companies, these, many of these behaviors are nology exists. But the new ones in 100,000 policy options, and the Presi- crimes. Hate crimes legislation pro- color are created by the bill. dent’s argument is we have to provide

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.093 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11162 CONGRESSIONAL RECORD — HOUSE October 8, 2009 a little more competition so there is a cent of the health insurance in Ger- Little did he know, and he found out little more variety. The government many is the public option; 10 percent is quickly, he couldn’t schedule him for can do that because health insurance the private option. The people that buy surgery in Canada for the following companies aren’t doing that job? insurance outside of the government morning. He couldn’t even schedule What would happen would be billions insurance plan are those that are en- him for an examination. The special- of dollars would go in to create this trepreneurs, self-employed, more well- ists that approve the surgery had to be new Federal health insurance plan. to-do. They want a policy that gives scheduled first. So this young man, And then if it couldn’t compete with them a little extra coverage and takes with his knee torn up, waited for 6 the private sector, the rules would be a little better care of their health. At months for the specialist to examine written differently for these private least that exists; 90 to 1. the knee and approve surgery, which plans. Many of them wouldn’t qualify. Really, this is something that is the was scheduled another 6 months later. They would set mandates and require President’s plan? He would like to have So the reconstructive surgery for that policies cover a whole series of this public health plan swallow up 90 this young man who was incapacitated, things. What about pregnancy for percent of the private health insurance couldn’t work, was 6 months for the someone who is a grandmother? If ev- in America? I think so. He is on record exam, 6 months to get the surgery erybody has to pay for those kinds of saying he wants a single-payer plan. scheduled, and then all of the rehab things, the premiums will go up. Those When you think about how that goes, that it takes after the muscles atrophy are the kind of mandates that make a single-payer plan, and if we provided, over a 12-month period of time. A full health insurance premiums go high. let’s say, funding to buy insurance, to year from the injury where, this doc- The government would write the help people buy insurance that couldn’t tor, who has good credentials and has rules so they can compete with the pri- afford it, and that would perhaps be a spoken to this Congress and I find to be vate sector is what would happen, and voucher that goes in, that one can con- a very credible individual, in the they would tap into the pockets of the trol to buy health insurance, the argu- United States that surgery would have taxpayers in order to have the capital ment then becomes: How big should taken place the next day, in Canada, it to jump-start the health insurance that voucher be? Let’s just say poor took place 365 days later. We don’t plan. And then as they move forward, people would get $3,500, and the more need this kind of health care in Amer- regulating private insurance compa- wealthy they were, the less money ica. The argument that we have too nies and subsidizing the public option, they would get. And if that were ever many uninsured is something that we the government plan, the Democrats’ established, the next argument is: just simply need to address with some health insurance plan, it would squeeze Where is the threshold? What is the facts. out the private plans. means testing? 1845 Now, how can I say that this is what Pretty soon the number would go b would happen with some confidence? from $3,500 to $7,500 to a $10,000 subsidy I know it’s hard on the people on the None of us have a crystal ball. But I for people’s health insurance pre- other side when they have to deal with have a little bit of history, and I take miums. And then at a certain point, I facts. When the President says that we you back to 1968 when, at the time, the will hear the argument from over here, have too many uninsured, and the ar- only flood insurance in America was if we are still around on that day, we guments that you have constantly provided in the private market by the will hear the argument, well, it costs made that there are 44 to 47 million un- property and casualty companies. too much money to administer vouch- insured. Sometimes you round it up to In 1968, this Congress passed the Fed- ers and to give refundable tax credits 50 million, but 47 million is the largest eral flood insurance program. When to people so they can afford to buy legitimate number that we hear that that program was passed, in order to health insurance, why don’t we wipe are uninsured in America. compete, they started to write regula- out that whole bureaucratic mess and Somehow they have gone past the tions. The regulations that they wrote simply have people show up at the pub- idea—first, they want to establish the in part were requiring national banks lic clinic and we will take care of them idea that everybody has a right to who gave loans for real estate to re- accordingly, and their medical records health care. Well, that’s not in the quire that those policies, the Federal can be managed by the government Constitution. We can make your argu- flood insurance policies, be purchased along with their health care. ment as to this right to health care. by the borrower. So there was a man- I can give you some examples of what Out of the compassion of the American date that people had to buy flood insur- happens when you end up with a Na- people, we can decide that we don’t ance. They wrote the rules, the pre- tional Health Care Act, Mr. Speaker. want to leave anyone behind, and we miums and regulations. That would be the average time wait- can decide that we want to make sure And today, since 1968 when there was ing for a knee replacement in Canada: that everyone has access to health no Federal flood insurance program 340 days. The average time waiting for care. In fact, everybody in America has and all flood insurance was private on a hip replacement in Canada: 196 days. access to health care. That question is that day when they came to the House I talked to an individual, ran into answered. in 1968, today a person in America can- him at a home improvement type of The only argument that remains is not buy a flood insurance policy from store. He is a legal immigrant from that there are too many that are unin- anyone except the Federal Govern- Germany. He told me he had a hip re- sured, 47 million. So here are the en- ment. The only thing left is Federal placement. He waited in line for at lightenment facts, Mr. Speaker: 84 per- flood insurance. There are no private least 6 months for a hip replacement. cent of the people in the United States carriers out there. The Federal Govern- Finally, he was put in several lines have a health insurance policy. In fact, ment has swallowed up the entire pri- around Europe. He went from Germany they’re happy with it. They don’t want vate flood insurance industry. to Italy, where they gave him a hip re- it changed. They don’t want to lose it. That is an example of what might placement. That was one of the ways This is the pie chart. All of the people happen with the health insurance in- he could move more to the front of the here in blue are insured, and almost all dustry, and what I think is likely to line. of them are happy about the insurance happen with the health insurance in- We had an individual that made a that they have. dustry. presentation to us. He was a doctor All of these little slices here, these In examining some of the policies from Michigan who practiced both in are the 47 million people who are unin- around the world, I would point out Michigan and in Canada. When he first sured, and they go down through these that in Germany they tell us they have went to Canada to work the ER, a categories. I’m going to go from right the oldest national health care plan in young man came in with a torn menis- to left—yellow, black, orange from the Germany, that they have provided cus and some ligament damage. The bottom. Illegal immigrants, 2 percent. health care for their people since Otto doctor looked at it and said, You need That’s part of that 47 million. I don’t von Bismarck’s time. I don’t know surgery right away. I will schedule you want to give them insurance off the whether they tell us that or I recall for tomorrow morning. He was used to back of the taxpayers, especially if reading that from history. Ninety per- working in the United States. we’re borrowing the money from our

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.094 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11163 grandchildren and the Chinese. Then The President stood here and tried to With that, Mr. Speaker, I appreciate we have legal immigrants. tell us that the proposal would not your indulgence, and I yield back the This is a slice in black. They are the fund illegals, but his Democrats have balance of my time. ones that are, by law, barred for 5 years voted down the amendments in Energy f from being able to access public bene- and Commerce and in Ways and Means SPECIAL ORDERS GRANTED fits. You come into the United States, that would have required proof of citi- you should be able to take care of zenship in order to access these bene- By unanimous consent, permission to yourself. That’s one of the standards. fits that are written into H.R. 3200, the address the House, following the legis- That’s another 5 million people, 5.2 bill. So it’s pretty hard for the Presi- lative program and any special orders million illegals, 5 million legals. Then dent to be critical of those who make heretofore entered, was granted to: you have individuals who are earning allegations about his veracity when the (The following Members (at the re- more than $75,000 a year. That’s the list facts show otherwise, Mr. Speaker. quest of Mr. MCDERMOTT) to revise and up here in orange. That number is a I hope that that dances along the extend their remarks and include ex- number that presumably, if you’re edge of the rules adequately and still traneous material:) making more than $75,000 a year, you carries forth the message. I’m trusting Ms. WOOLSEY, for 5 minutes, today. Mr. MCDERMOTT, for 5 minutes, can write a check for a health insur- the American people to be intelligent, today. ance policy. So they do have an afford- well informed, objective, not selfish Mr. DEFAZIO, for 5 minutes, today. able option. They just aren’t exercising and be able to self-sacrifice, to reach Ms. KAPTUR, for 5 minutes, today. the option. out and help others, but remember to Mr. GRAYSON, for 5 minutes, today. Then in green, those eligible for gov- preserve our freedoms. If we sacrifice ernment programs. That’s 9.7 million. Mr. SCHIFF, for 5 minutes, today. our freedoms, if we throw over the side (The following Members (at the re- That is these people here, 3 percent. that vitality that makes us great, the They’re eligible most generally for quest of Mr. JONES) to revise and ex- dependency takes away our vitality. tend their remarks and include extra- Medicaid, but they don’t sign up. But Urgency and need add to our vitality. they’re on the list, 9.7 million. We’re neous material:) Free market capitalism has been a adding up to 47 million as we go. Here Mr. POE of Texas, for 5 minutes, Oc- driving force in this country. Yet to are those that have coverage eligible tober 15. date, according to The Wall Street Mr. BURTON of Indiana, for 5 minutes, under their employer. That’s around 6 Journal, a third of our private sector October 13, 14 and 15. million people. These folks opted out has been nationalized within the last Mr. JONES, for 5 minutes, October 15. or didn’t opt in to their employer-pro- year. A third of it. When you add three Mr. MCCOTTER, for 5 minutes, today. vided health coverage, health insur- large investment banks that are na- Mr. BISHOP of Utah, for 5 minutes, ance coverage. today. So all of these lists that we have, tionalized, AIG, the large insurance Mr. CAO, for 5 minutes, today. from illegal immigrants to new immi- company, Fannie Mae, Freddie Mac, Mrs. BACHMANN, for 5 minutes, today. grants, $75,000 or more and could buy General Motors, Chrysler, eight large their own insurance, those who are eli- huge entities swallowed up and nation- f gible for government programs and alized, which means the Federal Gov- SENATE BILL REFERRED don’t sign up, those who are eligible for ernment controls them. That’s a third of our private sector, and this health A bill of the Senate of the following employer programs and don’t sign up— title was taken from the Speaker’s all of that, you subtract that from 47 care industry here is between another 14.5 percent and 17.5 percent of our table and, under the rule, referred as million and, Mr. Speaker, you come up follows: with a number that is 12.1 million GDP. The range is somewhere between the two. S. 942. An act to prevent abuse of Govern- Americans who don’t have health in- ment charge cards; to the Committee on surance and don’t have affordable op- But if you add those numbers up to Oversight and Government Reform; in addi- tions. what’s already been nationalized, you tion to the Committee on Armed Services for I have another little chart that are up to over half of the private sector a period to be subsequently determined by shows this. This is the breakdown of of the United States. We need to re- the Speaker, in each case for consideration this group here. This spectrum from member that going to Western Europe of such provisions as fall within the jurisdic- yellow to—well, red or orange has been and looking for ideas and seeking to tion of the committee concerned. put now on a chart. This is 47 million. conform to the ideas that are driven in f Here is how we show this. These are the Western Europe diminish our freedoms. ADJOURNMENT They don’t enhance our freedoms. We different categories that I said: Mr. KING of Iowa. Mr. Speaker, I illegals, legals, those that are eligible are a unique people. There is something unique about being an American. move that the House do now adjourn. for Medicaid, those eligible under em- The motion was agreed to; accord- ployers, and that full list. But here in We aren’t simply an extension of Eu- rope. We are our own people. We’re free ingly (at 6 o’clock and 53 minutes orange, 12.1 million people, less than 4 p.m.), under its previous order, the percent of the population of the United people that came here to live free or die. I love the motto of New Hamp- House adjourned until tomorrow, Fri- States, and we’re going to change here day, October 9, 2009, at 10 a.m. in the House of Representatives, work- shire: ‘‘Live free or die.’’ That has been ing with the Senate and with the effort the case for hundreds of years here in f of the President and likely his signa- the United States. EXECUTIVE COMMUNICATIONS, ture for less than 4 percent of the popu- We’ve skimmed the cream off the ETC. lation? donor crop from every civilization that Under clause 2 of Rule XXIV, execu- Let me look at this. This sliver right sent us people. It was hard to get here. tive communications were taken from here, that’s 12.1 million Americans, The people that had a dream got here. the Speaker’s table and referred as fol- this piece, and that’s less than 4 per- When they came here, they built on lows: cent of the population of the United their dreams. They built on our dreams 4033. A letter from the Assistant to the States. The President’s proposal and because we have freedom. We have got Board, Board of Governors of the Federal Re- the liberals’ and the Progressives’ pro- to expand our freedom, not diminish it. serve System, transmitting the System’s posal, the Democrats’ proposal is to We shouldn’t be expanding our govern- final rule — Reimbursement for Providing transform 100 percent of the health in- ment. Now we have got to shrink our Financial Records; Recordkeeping Require- surance industry in the United States government. We have got to find a way ments for Certain Financial Records [Regu- and 100 percent of the health care de- to have a private sector that can have lation S; Docket No. R-1325] received Sep- livery system in the United States to the kind of growth necessary to ever tember 28, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Financial try to reduce this 12.1 million number pay off this national debt and save peo- Services. down to something less than that, ple their freedom so that they’re not 4034. A letter from the Director, Environ- maybe something less than 6 million, underneath the thumb of a national mental Protection Agency, transmitting In- but certainly not down to zero. health care act. terim Guidance: Providing Communities

VerDate Nov 24 2008 03:04 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K08OC7.096 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE H11164 CONGRESSIONAL RECORD — HOUSE October 8, 2009 with Opportunities for Independent Tech- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- (RIN: 1625-AA00) received September 25, 2009, nical Assistance in Superfund Settlements; mittee on Transportation and Infrastruc- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to the Committee on Energy and Commerce. ture. mittee on Transportation and Infrastruc- 4035. A letter from the Director, Regu- 4044. A letter from the Attorney, Depart- ture. latory Management Division, Environmental ment of Homeland Security, transmitting 4054. A letter from the Program Analyst, Protection Agency, transmitting the Agen- the Department’s final rule — Safety Zone; Department of Transportation, transmitting cy’s final rule — Approval and Promulgation BWRC ’300’ Enduro, Lake Moolvalya, Parker, the Department’s final rule — Standard In- of Air Quality Implementation Plans; Ohio AZ [Docket No.: USCG-2008-1180] (RIN: 1625- strument Approach Procedures, and Takeoff Clean Air Interstate Rule [EPA-R05-OAR- AA00) received September 25, 2009, pursuant Minimums and Obstacle Departure Proce- 2009-0368; FRL-8950-9] received September 22, to 5 U.S.C. 801(a)(1)(A); to the Committee on dures; Miscellaneous Amendments [Docket 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Transportation and Infrastructure. No.: 30684; Amdt. No. 3337] received Sep- 4045. A letter from the Attorney, Depart- Committee on Energy and Commerce. tember 18, 2009; to the Committee on Trans- 4036. A letter from the Director, Environ- ment of Homeland Security, transmitting portation and Infrastructure. mental Protection Agency, transmitting the Department’s final rule — Safety Zone; Lead Dust Hazard Standards and Definition Sea World Labor Day Fireworks, Mission 4055. A letter from the Program Analyst, of Lead-Based Paint; TSCA Section 21 Peti- Day, San Diego, CA [Docket No.: USCG-2009- Department of Transportation, transmitting tion; Notice of Receipt and Request for Com- 0269] (RIN: 1625-AA00) received September 25, the Department’s final rule — Establish- ment [EPA-HQ-OPPT-2009-0665 FRL-8793-3]; 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the ment, Revision, and Removal of Area Navi- to the Committee on Energy and Commerce. Committee on Transportation and Infra- gation (RNAV) Routes; Alaska [Docket No.: 4037. A letter from the Director, Regu- structure. FAA-2008-0926; Airspace Docket No. 08-AAL- latory Management Division, Environmental 4046. A letter from the Attorney — Advisor, 24] (RIN: 2120-AA66) received September 16, Protection Agency, transmitting the Agen- Department of Homeland Security, transmit- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the cy’s final rule — Approval and Promulgation ting the Department’s final rule — Special Committee on Transportation and Infra- of Air Quality Implementation Plans; Mohe- Local Regulation for Marine Events; structure. gan Tribe of Indians of Connecticut [EPA- Choptank River, Cambridge, MD [Docket 4056. A letter from the Assistant Secretary, R01-OAR-2009-0305; A-1-FRL 8949-8] received No.: USCG-2009-0749] (RIN: 1625-AA08) re- ETA, Department of Labor, transmitting the September 22, 2009, pursuant to 5 U.S.C. ceived September 25, 2009, pursuant to 5 Department’s final rule — Treatment of Pen- 801(a)(1)(A); to the Committee on Energy and U.S.C. 801(a)(1)(A); to the Committee on sion Rollover Distrubutions received Sep- Commerce. Transportation and Infrastructure. tember 28, 2009, pursuant to 5 U.S.C. 4038. A letter from the Director, Regu- 4047. A letter from the Attorney — Advisor, 801(a)(1)(A); to the Committee on Ways and latory Management Division, Environmental Department of Homeland Security, transmit- Means. Protection Agency, transmitting the Depart- ting the Department’s final rule — Safety ment’s final rule — Approval and Zone; Munitions and Explosives of Concern 4057. A letter from the Asst. Sec. ETA, De- Promgulation of Air Quality Implementa- (MEC); Seal Island, ME [Docket No.: USCG- partment of Labor, transmitting the Depart- tion Plans; Indiana; Interim Final Deter- 2009-0595] (RIN: 1625-AA00) received Sep- ment’s final rule — Special Transfers for Un- mination that Lake and Porter Counties Are tember 25, 2009, pursuant to 5 U.S.C. employment Compensation Modernization Exempt From NOx RACT Requirements for 801(a)(1)(A); to the Committee on Transpor- and Administration and Relief From Interest Purposes of Staying Sanctions [EPA-R05- tation and Infrastructure. on Advances received September 28, 2009, OAR-2009-0512; FRL-8961-9] received Sep- 4048. A letter from the Attorney, Depart- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- tember 22, 2009, pursuant to 5 U.S.C. ment of Homeland Security, transmitting mittee on Ways and Means. 801(a)(1)(A); to the Committee on Energy and the Department’s final rule — Safety Zone; 4058. A letter from the Assistant Secretary, Commerce. Upper Mississippi River, Mile 427.2 to 427.6, ETA, Department of Labor, transmitting the 4039. A letter from the Director, Regu- Keithsburg, IL [Docket No.: WSCG-2009-0646] Department’s final rule — Federal-State Un- latory Management Division, Environmental (RIN: 1625-AA00) received September 25, 2009, employment Compensation Act of 1970- Tem- Protection Agency, transmitting the Agen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- porary Changes in Extended Benefits re- cy’s final rule — Approval and Promulgation mittee on Transportation and Infrastruc- ceived September 28, 2009, pursuant to 5 of Air Quality Implementation Plans; Com- ture. U.S.C. 801(a)(1)(A); to the Committee on monwealth of Pennsylvania; Determination 4049. A letter from the Attorney — Advisor, Ways and Means. of Clean Data for the 1997 Fine Particulate Department of Homeland Security, transmit- 4059. A letter from the Assistant Secretary, Matter Standard [EPA-R03-OAR-2009-0506; ting the Department’s final rule — Safety ETA, Department of Labor, transmitting the FRL-8962-4] received September 22, 2009, pur- Zone; MS Harborfest Tugboat Races in Department’s final rule — Application of suant to 5 U.S.C. 801(a)(1)(A); to the Com- Cascon Bay, ME [Docket No.: USCG-2009- State-Wide Personnel Actions to Unemploy- mittee on Energy and Commerce. 0524] (RIN: 1625-AA00) received September 25, ment Insurance Program received September 4040. A letter from the Acting Senior Pro- 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 28, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to curement Executive, General Services Ad- Committee on Transportation and Infra- the Committee on Ways and Means. ministration, transmitting the Administra- structure. tion’s final rule — Federal Acquisition Regu- 4050. A letter from the Attorney, Depart- 4060. A letter from the Chief, Publications lation; FAR Case 2006-013, List of Approved ment of Homeland Security, transmitting and Regulations Branch, Internal Revenue Attorneys, Abstractors, and Title Companies the Department’s final rule — Safety Zone; Service, transmitting the Service’s final rule [FAC 2005-36; FAR Case 2006-013; Item V; Missouri River, Mile 366.3 to 369.8 [Docket — Coordinated Issue All Industries The Ap- Docket 2006-0033; Sequence 1] (RIN: 9000- No.: USCG-2009-0594] (RIN: 1625-AA00) re- plicable Recovery Period Under I.R.C. Sec. AK71) received August 25, 2009, pursuant to 5 ceived September 25, 2009, pursuant to 5 168(a) For Open-air Parking Structures re- U.S.C. 801(a)(1)(A); to the Committee on U.S.C. 801(a)(1)(A); to the Committee on ceived August 3, 2009, pursuant to 5 U.S.C. Oversight and Government Reform. Transportation and Infrastructure. 801(a)(1)(A); to the Committee on Ways and 4041. A letter from the Acting Archivist of 4051. A letter from the Attorney — Advisor, Means. the United States, National Archives and Department of Homeland Security, transmit- 4061. A letter from the Chief, Publications Records Administration, transmitting the ting the Department’s final rule — Draw- and Regulations, Internal Revenue Service, Administration’s final rule — NARA Facility bridge Operation Regulation; Sabine River, transmitting the Service’s final rule — De- Locations and Hours [Docket: NARA-09-0002] Echo, TX [Docket No.: USCG-2009-0101] (RIN: termination of Interest Expense Deduction (RIN: 3095-AB61) received September 23, 2009, 1625-AA09) Recevied September 25, 2009, pur- of Foreign Corporations [TD 9465] (RIN: 1545- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- suant to 5 U.S.C. 801(a)(1)(A); to the Com- BF71) received September 28, 2009, pursuant mittee on Oversight and Government Re- mittee on Transportation and Infrastruc- to 5 U.S.C. 801(a)(1)(A); to the Committee on form. ture. Ways and Means. 4042. A letter from the Division Chief, Reg- 4052. A letter from the Attorney — Advisor, ulatory Affairs, Department of the Interior, Department of Homeland Security, transmit- 4062. A letter from the Chief, Publications transmitting the Department’s final rule — ting the Department’s final rule — Safety and Regulations, Internal Revenue Service, Minerals Management: Adjustment of Cost Zones: Swim Events in Lake Champlain, NY, transmitting the Service’s final rule — Con- Recovery Fees [L13100000 PP0000 LLWO310000 and VT; Casco Bay, Rockland Harbor, tingent Fees Under Circular 230 [REG-113289- L1990000 PO0000 LLWO320000] (RIN: 1004- Linekin Bay, ME [Docket No.: USCG-2009- 08] (RIN: 1545-BH81) received August 3, 2009, AE01) received September 25, 2009, pursuant 0523] (RIN: 1625-AA00) received September 25, pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- to 5 U.S.C. 801(a)(1)(A); to the Committee on 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the mittee on Ways and Means. Natural Resources. Committee on Transportation and Infra- 4063. A letter from the Chief, Publications 4043. A letter from the Attorney — Advisor, structure. and Regulations, Internal Revenue Service, Department of Homeland Security, transmit- 4053. A letter from the Attorney, Depart- transmitting the Service’s final rule — Defi- ting the Department’s final rule — Safety ment of Homeland Security, transmitting nition of Omission from Gross Income [TD Zone; Paddle for Clean Water; San Diego; the Department’s final rule — Safety Zones; 9466] (RIN: 1545-BI94) received September 28, California [Docket No.: USCG-2009-0383] Neptune Deep Water Port, Atlantic Ocean, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the (RIN: 1625-AA00) received September 25, 2009, Boston, MA [Docket No.: USCG-2009-0644] Committee on Ways and Means.

VerDate Nov 24 2008 01:19 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\L08OC7.000 H08OCPT1 wwoods2 on DSK1DXX6B1PROD with HOUSE October 8, 2009 CONGRESSIONAL RECORD — HOUSE H11165 REPORTS OF COMMITTEES ON By Mr. REICHERT (for himself and Mr. of Texas, Mrs. MCMORRIS RODGERS, PUBLIC BILLS AND RESOLUTIONS TANNER): Mr. CANTOR, Mr. MCCARTHY of Cali- H.R. 3758. A bill to amend the Internal Rev- fornia, Mr. KLINE of Minnesota, Mr. Under clause 2 of rule XIII, reports of enue Code of 1986 to increase, extend, and PITTS, Mr. WOLF, Mr. CAMP, Mr. committees were delivered to the Clerk make permanent the above-the-line deduc- MCHENRY, Mr. SESSIONS, Mr. for printing and reference to the proper tion for certain expenses of elementary and SHIMKUS, Mr. BARRETT of South Caro- calendar, as follows: secondary school teachers; to the Committee lina, Mr. BONNER, Mr. BROWN of on Ways and Means. [Omitted from the Record of October 7, 2009] South Carolina, Mr. SHADEGG, Mr. By Mr. DEFAZIO (for himself, Mr. CULBERSON, Mr. CONAWAY, Mr. Ms. SLAUGHTER: Committee on Rules. REHBERG, and Mr. SCHRADER): UPTON, Mr. ROGERS of Alabama, Mr. House Resolution 808. Resolution providing H.R. 3759. A bill to authorize the Secretary REHBERG, Mr. CASSIDY, Mr. MORAN of for consideration of the conference report to of the Interior to grant economy-related con- Kansas, Mr. SMITH of Texas, Mr. accompany the bill (H.R. 2647) to authorize tract extensions of a certain timber con- MCKEON, Mr. AKIN, and Mr. POSEY): appropriations for fiscal year 2010 for mili- tracts between the Secretary of the Interior H.R. 3765. A bill to amend chapter 8 of title tary activities of the Department of Defense, and timber purchasers, and for other pur- 5, United States Code, to provide that major for military construction, and for defense ac- poses; to the Committee on Natural Re- rules of the executive branch shall have no tivities of the Department of Energy, to pre- sources. force or effect unless a joint resolution of ap- scribe military personnel strengths for such By Mrs. BIGGERT (for herself, Mr. proval is enacted into law; to the Committee fiscal year, to provide special pays and al- MCHENRY, Mr. PAUL, Mr. LANCE, Mr. on the Judiciary, and in addition to the lowances to certain members of the Armed THOMPSON of Pennsylvania, Mr. Committee on Rules, for a period to be sub- Forces, expand concurrent receipt of mili- JONES, Mrs. BONO MACK, Mr. KING of sequently determined by the Speaker, in tary retirement and VA disability benefits to New York, Mr. GARY G. MILLER of each case for consideration of such provi- disabled military retirees, and for other pur- California, and Mr. DUNCAN): sions as fall within the jurisdiction of the poses (Rept. 111–289). Referred to the House H.R. 3760. A bill to amend the Internal Rev- committee concerned. Calendar. enue Code of 1986 to provide a Federal in- By Mr. FRANK of Massachusetts (for [Submitted October 8, 2009] come tax credit for certain home purchases; himself, Ms. WATERS, Mr. KANJORSKI, to the Committee on Ways and Means, and in Mr. RAHALL: Committee on Natural Re- Ms. VELA´ ZQUEZ, Mr. CARDOZA, Mr. addition to the Committee on Appropria- sources. H.R. 481. A bill to revise the author- FATTAH, and Mr. CUMMINGS): tions, for a period to be subsequently deter- ized route of the North Country National H.R. 3766. A bill to use amounts made mined by the Speaker, in each case for con- Scenic Trail in northeastern Minnesota to available under the Troubled Assets Relief sideration of such provisions as fall within include existing hiking trails along Lake Su- Program of the Secretary of the Treasury for the jurisdiction of the committee concerned. perior’s north shore and in Superior National relief for homeowners and affordable rental By Mrs. BIGGERT (for herself, Mr. Forest and Chippewa National Forest, and housing; to the Committee on Financial ROGERS of Michigan, Mr. HARPER, for other purposes; with an amendment Services. Mr. PAUL, Mr. LANCE, Mr. LEE of New (Rept. 111–290). Referred to the Committee of By Mr. BISHOP of Utah: York, Mr. THOMPSON of Pennsyl- H.R. 3767. A bill to designate the facility of the Whole House on the State of the Union. vania, Mrs. BLACKBURN, Mr. JONES, the United States Postal Service located at Mr. RAHALL: Committee on Natural Re- Mrs. BONO MACK, Mr. KING of New 170 North Main Street in Smithfield, Utah, sources. H.R. 1593. A bill to amend the Wild York, Mr. GARY G. MILLER of Cali- as the ‘‘W. Hazen Hillyard Post Office Build- and Scenic Rivers Act to designate a seg- fornia, and Mr. DUNCAN): ing’’; to the Committee on Oversight and ment of Illabot Creek in Skagit County, H.R. 3761. A bill to amend the Internal Rev- Government Reform. Washington, as a component of the National enue Code of 1986 to extend the first-time By Mr. FRANK of Massachusetts: Wild and Scenic Rivers System; with an homebuyer tax credit, and for other pur- H.R. 3768. A bill to extend the temporary amendment (Rept. 111–291). Referred to the poses; to the Committee on Ways and Means, suspension of duty on certain untwisted fila- Committee of the Whole House on the State and in addition to the Committee on Appro- ment yarns; to the Committee on Ways and of the Union. priations, for a period to be subsequently de- Means. Mr. RAHALL: Committee on Natural Re- termined by the Speaker, in each case for By Mr. FRANK of Massachusetts: sources. H.R. 1641. A bill to amend the Na- consideration of such provisions as fall with- H.R. 3769. A bill to extend the temporary tional Trails System Act to provide for a in the jurisdiction of the committee con- suspension of duty on certain synthetic fila- study of the Cascadia Marine Trail; with an cerned. ment yarns; to the Committee on Ways and amendment (Rept. 111–292). Referred to the By Mr. KRATOVIL (for himself and Mr. Means. Committee of the Whole House on the State LANCE): By Ms. BORDALLO (for herself, Mr. of the Union. H.R. 3762. A bill to provide members of the BROWN of South Carolina, Mr. Mr. RAHALL: Committee on Natural Re- public with Internet access to certain Con- FALEOMAVAEGA, Mrs. CHRISTENSEN, sources. H.R. 2806. A bill to authorize the gressional Research Service publications, Mr. PIERLUISI, Mr. BOREN, Mr. WIL- Secretary of the Interior to adjust the and for other purposes; to the Committee on SON of South Carolina, and Mr. JOHN- boundary of the Stephen Mather Wilderness House Administration. SON of Georgia): and the North Cascades National Park in By Mr. ADLER of New Jersey (for him- H.R. 3770. A bill to make technical correc- order to allow the rebuilding of a road out- self, Mr. BROUN of Georgia, and Mr. tions to subtitle A of title VII of the Consoli- side of the floodplain while ensuring that SIMPSON): dated Natural Resources Act of 2008, and for there is no net loss of acreage to the Park or H.R. 3763. A bill to amend the Fair Credit other purposes; to the Committee on Natural the Wilderness, and for other purposes (Rept. Reporting Act to provide for an exclusion Resources, and in addition to the Committee 111–293). Referred to the Committee of the from Red Flag Guidelines for certain busi- on the Judiciary, for a period to be subse- Whole House on the State of the Union. nesses; to the Committee on Financial Serv- quently determined by the Speaker, in each Mr. RAHALL: Committee on Natural Re- ices. case for consideration of such provisions as sources. H.R. 2499. A bill to provide for a fed- By Mr. SCOTT of Virginia (for himself, fall within the jurisdiction of the committee erally sanctioned self-determination process Mr. CONYERS, Mr. COHEN, Mr. WATT, concerned. for the people of Puerto Rico; with an Mr. DELAHUNT, Ms. LINDA T. SA´ NCHEZ By Ms. CLARKE (for herself, Mr. amendment (Rept. 111–294). Referred to the of California, and Mr. JOHNSON of GRIJALVA, Mr. RYAN of Ohio, Mr. Committee of the Whole House on the State Georgia): RANGEL, Ms. EDDIE BERNICE JOHNSON of the Union. H.R. 3764. A bill to amend the Legal Serv- of Texas, Ms. FUDGE, Mr. CLAY, Mr. Mr. OBERSTAR: Committee on Transpor- ices Corporation Act to meet special needs of DAVIS of Illinois, Mr. HARE, Mr. tation and Infrastructure. H.R. 1700. A bill to eligible clients, provide for technology TOWNS, Ms. SUTTON, Mr. MEEKS of authorize the Administrator of General Serv- grants, improve corporate practices of the New York, Ms. JACKSON-LEE of ices to convey a parcel of real property in Legal Services Corporation, and for other Texas, Ms. KILPATRICK of Michigan, the District of Columbia to provide for the purposes; to the Committee on the Judici- Ms. BORDALLO, Mr. JOHNSON of Geor- establishment of a National Women’s His- ary. gia, Mr. CUELLAR, Mrs. CHRISTENSEN, tory Museum; with an amendment (Rept. By Mr. DAVIS of Kentucky (for him- Mr. HASTINGS of Florida, and Ms. 111–295). Referred to the Committee of the self, Mrs. CAPITO, Mr. PRICE of Geor- RICHARDSON): Whole House on the State of the Union. gia, Mrs. BLACKBURN, Mr. PAUL, Mr. H.R. 3771. A bill to amend the Small Busi- f PENCE, Mr. BOUSTANY, Mr. ROGERS of ness Act to establish mentorship and assist- Michigan, Mr. DUNCAN, Mr. ROGERS ance programs designed to help minority, PUBLIC BILLS AND RESOLUTIONS of Kentucky, Mr. BURTON of Indiana, veteran-owned, and women-owned small Mr. COBLE, Mr. BOEHNER, Mr. THORN- businesses operate in the construction indus- Under clause 2 of rule XII, public BERRY, Mr. GOHMERT, Mr. REICHERT, try, and for other purposes; to the Com- bills and resolutions of the following Mr. ROSKAM, Mr. NUNES, Mr. HELLER, mittee on Small Business. titles were introduced and severally re- Mr. HERGER, Mr. TIBERI, Ms. GINNY By Mr. DAVIS of Illinois (for himself, ferred, as follows: BROWN-WAITE of Florida, Mr. BRADY Mr. ELLISON, Mr. SIRES, Mr. SCOTT of

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Virginia, Ms. FUDGE, Ms. CORRINE By Mr. POSEY (for himself, Mr. BACH- By Mr. FALEOMAVAEGA (for himself, BROWN of Florida, Mr. GRIJALVA, Mr. US, Mr. PUTNAM, and Mrs. Mr. BERMAN, Ms. ROS-LEHTINEN, Mr. TOWNS, Ms. JACKSON-LEE of Texas, BACHMANN): RAHALL, Ms. RICHARDSON, Mr. ACKER- Mr. KENNEDY, and Mr. STARK): H.R. 3783. A bill to amend the Securities MAN, Ms. BORDALLO, Mrs. H.R. 3772. A bill to amend title 31 of the Exchange Act of 1934 to provide the Securi- CHRISTENSEN, Mr. ABERCROMBIE, Ms. United States Code to require that Federal ties and Exchange Commission with the au- HIRONO, Mr. SABLAN, Mr. MANZULLO, children’s programs be separately displayed thority to contract for the collection of de- Mr. FLAKE, Mr. HASTINGS of Wash- and analyzed in the President’s budget; to linquent claims resulting from judgments or ington, Mr. BURTON of Indiana, Mr. the Committee on the Budget. orders obtained by the Commission; to the GUTIERREZ, Mr. LAMBORN, Mr. WAMP, By Ms. EDWARDS of Maryland (for Committee on Financial Services. Mr. SIRES, Mr. MCDERMOTT, Mr. herself, Mrs. BIGGERT, Mr. BROUN of By Mr. ROONEY (for himself and Mr. PALLONE, Mr. MURTHA, Mr. BROWN of Georgia, Mr. SARBANES, Mr. VAN BOCCIERI): South Carolina, Ms. ROYBAL-ALLARD, HOLLEN, and Mr. LOBIONDO): H.R. 3784. A bill to amend the Internal Rev- Mr. ORTIZ, Mr. PIERLUISI, Mrs. H.R. 3773. A bill to amend the Internal Rev- enue Code of 1986 to expand the work oppor- NAPOLITANO, Mr. HONDA, Mr. CAO, Mr. enue Code of 1986 to extend the first-time tunity tax credit and increase the employer- MEEKS of New York, Mr. SERRANO, homebuyer tax credit, and for other pur- provided child care credit; to the Committee Mr. GONZALEZ, Ms. SHEA-PORTER, Mr. poses; to the Committee on Ways and Means. on Ways and Means. HINCHEY, Mrs. CAPPS, Mr. CHAFFETZ, By Mr. FORTENBERRY: By Mr. SCOTT of Georgia (for himself, Ms. CHU, Mr. WU, Mr. KENNEDY, Mr. H.R. 3774. A bill to implement title V of Mr. MARSHALL, Mr. LEWIS of Georgia, KIND, Mr. DELAHUNT, Mr. AL GREEN the Nuclear Non-Proliferation Act of 1978 and Mr. JOHNSON of Georgia): of Texas, Ms. KILPATRICK of Michi- and to promote economical and environ- H.R. 3785. A bill to authorize the Secretary gan, Mr. COSTA, Mr. ENGEL, Mr. mentally sustainable means of meeting the of the Interior to conduct a study of the suit- SMITH of New Jersey, Ms. DEGETTE, energy demands of developing countries, and ability and feasibility of expanding the and Mr. PAYNE): for other purposes; to the Committee on For- boundary of Chattahoochee River National H. Res. 816. A resolution mourning the loss eign Affairs. Recreation Area; to the Committee on Nat- of life caused by the earthquakes and By Mr. GARRETT of New Jersey: ural Resources. tsunamis that occurred on September 29, H.R. 3775. A bill to exempt certain small By Ms. SLAUGHTER (for herself, Mr. 2009, in American Samoa and Samoa; to the businesses from the attestation requirement MCINTYRE, Mr. MICHAUD, Mr. HARE, Committee on Natural Resources, and in ad- of section 404 of the Sarbanes-Oxley Act of Mr. HIGGINS, Mr. JONES, Ms. KAPTUR, dition to the Committee on Foreign Affairs, 2002; to the Committee on Financial Serv- and Mr. TONKO): for a period to be subsequently determined ices. H.R. 3786. A bill to enhance reciprocal mar- by the Speaker, in each case for consider- By Mr. GRAVES: ket access for United States domestic pro- ation of such provisions as fall within the ju- H.R. 3776. A bill to amend the Internal Rev- ducers in the negotiating process of bilat- risdiction of the committee concerned. enue Code of 1986 to provide a 100 percent de- eral, regional, and multilateral trade agree- By Mr. AL GREEN of Texas (for him- duction for the health insurance costs of in- ments; to the Committee on Ways and self, Mr. ALTMIRE, Ms. BALDWIN, Ms. dividuals; to the Committee on Ways and Means. BERKLEY, Mr. BERMAN, Mr. BISHOP of Means. By Mr. WALZ (for himself, Mr. Georgia, Mr. BOSWELL, Mr. BRALEY of By Mr. HASTINGS of Florida (for him- LATHAM, Mr. ADLER of New Jersey, Iowa, Ms. CASTOR of Florida, Mrs. self and Mr. TAYLOR): Mr. BILBRAY, Mr. BOOZMAN, Mr. H.R. 3777. A bill to amend the Federal CHRISTENSEN, Mr. CLEAVER, Mr. BROUN of Georgia, Mr. BROWN of Food, Drug, and Cosmetic Act to define the CONNOLLY of Virginia, Mr. CONYERS, South Carolina, Mr. CONNOLLY of Vir- term ‘‘first applicant’’ for purposes of filing Mr. COSTA, Mrs. DAHLKEMPER, Mrs. ginia, Mr. COURTNEY, Mr. FILNER, Mr. an abbreviated application for a new drug; to DAVIS of California, Mr. ELLISON, Ms. GONZALEZ, Mr. HALL of New York, the Committee on Energy and Commerce. EDWARDS of Maryland, Mr. FILNER, Mrs. HALVORSON, Mr. HARE, Ms. By Mr. KANJORSKI: Ms. FUDGE, Mr. GONZALEZ, Mrs. H.R. 3778. A bill to authorize the Secretary HERSETH SANDLIN, Mr. MCNERNEY, BIGGERT, Mr. BURTON of Indiana, Mrs. of Health and Human Services to establish a Mr. MASSA, Mr. MICHAUD, Mr. MITCH- CAPITO, Mr. CONAWAY, Mr. POE of program of grants to newly accredited ELL, Mr. OBERSTAR, Mr. ORTIZ, Mr. Texas, Mr. GENE GREEN of Texas, Ms. allopathic medical schools for the purpose of PERRIELLO, Mr. PETERSON, Mr. POM- HERSETH SANDLIN, Mr. HOLDEN, Mr. increasing the supply of physicians; to the EROY, Mr. RODRIGUEZ, Mr. ROE of INSLEE, Ms. JACKSON-LEE of Texas, Committee on Energy and Commerce. Tennessee, Mr. TAYLOR, and Mr. Mr. KENNEDY, Ms. KILROY, Mr. By Mr. LANCE: TEAGUE): LARSEN of Washington, Mrs. H.R. 3779. A bill to amend the Internal Rev- H.R. 3787. A bill to amend title 38, United MALONEY, Ms. MATSUI, Ms. MCCOL- enue Code of 1986 to extend and expand the States Code, to deem certain service in the LUM, Mr. MCDERMOTT, Mr. MCGOV- homebuyer tax credit; to the Committee on reserve components as active service for pur- ERN, Mr. MEEKS of New York, Mr. Ways and Means, and in addition to the Com- poses of laws administered by the Secretary MICHAUD, Mr. MINNICK, Mr. MOORE of mittee on Appropriations, for a period to be of Veterans Affairs; to the Committee on Kansas, Ms. MOORE of Wisconsin, Mr. subsequently determined by the Speaker, in Veterans’ Affairs. NADLER of New York, Mr. POMEROY, each case for consideration of such provi- By Mr. SKELTON: Mr. RUPPERSBERGER, Mr. REYES, Ms. sions as fall within the jurisdiction of the H. Con. Res. 196. Concurrent resolution SHEA-PORTER, Mr. SPRATT, and Ms. committee concerned. making corrections in the enrollment of the WASSERMAN SCHULTZ): By Mr. MAFFEI: bill H.R. 2647; considered and agreed to. H. Res. 817. A resolution supporting the H.R. 3780. A bill to amend the Internal Rev- By Mr. NYE (for himself, Mr. WEXLER, goals and ideals of National Domestic Vio- enue Code of 1986 to extend the first-time Mrs. MCCARTHY of New York, Mr. lence Awareness Month and expressing the homebuyer tax credit for members of the WITTMAN, and Mr. BUCHANAN): sense of the House of Representatives that Armed Forces and certain Federal employees H. Con. Res. 197. Concurrent resolution en- Congress should continue to raise awareness serving on extended duty; to the Committee couraging banks and mortgage servicers to of domestic violence in the United States on Ways and Means. work with families affected by contaminated and its devastating effects on families and By Ms. MARKEY of Colorado (for her- drywall to allow temporary forbearance communities, and support programs designed self, Mr. COFFMAN of Colorado, and without penalty on payments on their home to end domestic violence; to the Committee Mr. MINNICK): mortgages; to the Committee on Financial on Education and Labor. H.R. 3781. A bill to amend the Pittman- Services. By Mr. KING of New York (for himself, Robertson Wildlife Restoration Act to facili- By Mr. FLEMING (for himself, Mr. AL- Mr. HOYER, Mrs. EMERSON, Mr. AN- tate the establishment of additional or ex- EXANDER, Mr. BOUSTANY, Mr. CAO, DREWS, and Mr. PASCRELL): panded public target ranges in certain Mr. CASSIDY, Mr. MELANCON, and Mr. H. Res. 818. A resolution supporting the States; to the Committee on Natural Re- SCALISE): goals and ideals of Fire Prevention Week and sources, and in addition to the Committee on H. Res. 814. A resolution honoring the life the work of firefighters in educating and pro- the Judiciary, for a period to be subse- and service of Dewey Lee Fletcher, Jr; to the tecting the communities of this Nation; to quently determined by the Speaker, in each Committee on Oversight and Government the Committee on Oversight and Govern- case for consideration of such provisions as Reform. ment Reform. fall within the jurisdiction of the committee By Mr. THOMPSON of Pennsylvania: By Mr. POSEY: concerned. H. Res. 815. A resolution expressing support H. Res. 819. A resolution amending the By Ms. NORTON: for recognition of Christopher Columbus and Rules of the House of Representatives to pro- H.R. 3782. A bill to amend the Elementary his role in the history of the United States vide for division of the question on the legis- and Secondary Education Act of 1965 to en- and recognizing the importance of students lative proposals involved to allow separate courage the implementation or expansion of learning about Christopher Columbus and votes on disparate matters; to the Com- prekindergarten programs for students 4 the heritage and history of the Nation; to mittee on Rules. years of age or younger; to the Committee the Committee on Oversight and Govern- By Mr. ROYCE (for himself, Mr. WOLF, on Education and Labor. ment Reform. Mr. MORAN of Virginia, and Mr. CAO):

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H. Res. 820. A resolution condemning the H.R. 1826: Mr. WALZ, Mr. BOCCIERI, Mr. H.R. 3017: Mr. SALAZAR. pervasive corruption of the Kingdom of Cam- FRANK of Massachusetts, Mr. GUTIERREZ, and H.R. 3024: Ms. SHEA-PORTER, Mr. AL GREEN bodia; to the Committee on Foreign Affairs. Mr. THOMPSON of Mississippi. of Texas, Mr. WITTMAN, Mr. KENNEDY, Mr. By Ms. TITUS (for herself, Ms. BERK- H.R. 1829: Mr. DAVIS of Kentucky and Mr. ROTHMAN of New Jersey, and Mr. GEORGE LEY, and Mr. HELLER): WELCH. MILLER of California. H. Res. 821. A resolution recognizing and H.R. 1835: Mrs. KIRKPATRICK of Arizona. H.R. 3037: Mr. MOORE of Kansas, Mr. celebrating the 145th anniversary of the H.R. 1894: Mr. CONYERS. GRIJALVA, and Mr. FORBES. entry of Nevada into the Union as the 36th H.R. 1908: Mr. TONKO. H.R. 3044: Mr. LATOURETTE and Mr. DAVIS State; to the Committee on Oversight and H.R. 1912: Mr. OLVER. of Kentucky. Government Reform. H.R. 1964: Mr. RUSH. H.R. 3116: Mr. FRANK of Massachusetts. H.R. 1986: Mr. MARSHALL. H.R. 3238: Mr. FILNER. f H.R. 1993: Mr. KLEIN of Florida. H.R. 3258: Mrs. MALONEY. H.R. 2001: Mr. ACKERMAN, Mr. HALL of New ADDITIONAL SPONSORS H.R. 3307: Mr. YOUNG of Florida. York, Mr. HIGGINS, Mr. LYNCH, Mr. H.R. 3400: Mr. ISSA. Under clause 7 of rule XII, sponsors GRIJALVA, and Mr. RUPPERSBERGER. H.R. 3402: Mr. LATOURETTE. were added to public bills and resolu- H.R. 2017: Mr. WAXMAN and Mrs. KIRK- H.R. 3408: Mrs. MALONEY. tions as follows: PATRICK of Arizona. H.R. 3421: Mr. RYAN of Ohio and Ms. H.R. 2062: Mr. PRICE of North Carolina. CLARKE. H.R. 28: Mr. EHLERS. H.R. 2080: Mr. HALL of New York, Ms. H.R. 3445: Mr. ROONEY. H.R. 43: Mrs. MILLER of Michigan, Mr. SHEA-PORTER, and Mr. ROSS. H.R. 3463: Ms. JENKINS. HEINRICH, Mr. LANGEVIN, Mr. FARR, Mr. H.R. 2112: Ms. BALDWIN. H.R. 3464: Ms. MARKEY of Colorado. ETHERIDGE, Mr. KENNEDY, Ms. LORETTA H.R. 2132: Ms. JACKSON-LEE of Texas. H.R. 3486: Mr. CROWLEY and Mr. MICHAUD. SANCHEZ of California, Mr. LIPINSKI, and Mr. H.R. 2149: Mr. GENE GREEN of Texas, Ms. H.R. 3487: Mr. ISRAEL and Mr. PALLONE. ANDREWS. CASTOR of Florida, Mr. RUSH, and Mrs. H.R. 3502: Mr. CASSIDY. H.R. 208: Mr. MANZULLO and Ms. FUDGE. CHRISTENSEN. H.R. 3503: Ms. KILPATRICK of Michigan and H.R. 211: Ms. CHU, Ms. TITUS, and Ms. H.R. 2156: Mr. BACA. Ms. LINDA T. SA´ NCHEZ of California. BERKLEY. H.R. 2190: Mr. WALZ. H.R. 3510: Mr. GRIJALVA, Mr. LEWIS of H.R. 213: Mr. HALL of New York. H.R. 2194: Mr. BOUSTANY. Georgia, and Mr. MASSA. H.R. 330: Mr. CUMMINGS. OHEN H.R. 2266: Mr. C . H.R. 3524: Mr. GOODLATTE. H.R. 391: Mr. SHUSTER, Mr. THOMPSON of H.R. 2267: Mr. LARSON of Connecticut. H.R. 3545: Mr. QUIGLEY. Pennsylvania, and Mr. CASSIDY. H.R. 2279: Mr. CLAY. H.R. 3554: Mr. TAYLOR. ROWLEY H.R. 2280: Mr. WITTMAN. H.R. 422: Mr. C . H.R. 3589: Mr. BOUCHER, Ms. PINGREE of ONNOLLY H.R. 2329: Mr. EHLERS. H.R. 442: Mr. C of Virginia and Mr. Maine, Mr. LANGEVIN, Ms. SHEA-PORTER, Mr. ETERSON H.R. 2350: Ms. SLAUGHTER. P . FRANK of Massachusetts, Mr. STUPAK, and UCINICH DERHOLT H.R. 2365: Mr. MASSA. H.R. 471: Mr. K , Mr. A , and Mr. KENNEDY. H.R. 2377: Ms. MATSUI, Mr. SCHIFF, and Mr. Ms. JACKSON-LEE of Texas. H.R. 3597: Mr. MICHAUD, Mr. GENE GREEN of HONDA. H.R. 560: Mr. CASSIDY. Texas, and Ms. DELAURO. H.R. 2378: Mr. SPRATT and Mr. WHITFIELD. H.R. 571: Mr. KENNEDY, Mr. TOWNS, and H.R. 3606: Mr. POSEY and Mr. KANJORSKI. H.R. 2408: Mr. MEEKS of New York and Mr. Mrs. MCCARTHY of New York. H.R. 3608: Mr. CAMP. SMITH of New Jersey. H.R. 648: Mr. CUMMINGS and Mr. COHEN. H.R. 3610: Mr. LATOURETTE, Mr. HASTINGS H.R. 2413: Mr. BISHOP of Georgia. H.R. 708: Mr. ROE of Tennessee and Mr. OODLATTE H.R. 2414: Mr. PASTOR of Arizona and Mr. of Washington, and Mr. G . ADERHOLT. H.R. 3613: Mr. BISHOP of Utah, Mr. DOGGETT. H.R. 761: Mr. MILLER of Florida. BOOZMAN, Mr. KIRK, Mr. WILSON of South H.R. 766: Ms. LEE of California, Mr. TOWNS, H.R. 2419: Mr. JONES. H.R. 2452: Mr. SPRATT, Mr. Coffman of Col- Carolina, Mr. INGLIS, Mr. GARRETT of New and Mr. GRIJALVA. orado, Mr. LUETKEMEYER, and Mr. CASSIDY. Jersey, and Mr. ROGERS of Kentucky. H.R. 796: Mr. COHEN and Mr. MICHAUD. H.R. 2492: Ms. SCHWARTZ. H.R. 3621: Mr. TIM MURPHY of Pennsylvania H.R. 874: Ms. MARKEY of Colorado. H.R. 2499: Mr. SERRANO, Mr. LARSEN of and Mr. DEFAZIO. H.R. 886: Mr. HARE, Mr. LUETKEMEYER, Mr. Washington, Ms. GINNY BROWN-WAITE of H.R. 3633: Mr. CAO. MANZULLO, and Mr. BRALEY of Iowa. Florida, and Mr. SHADEGG. H.R. 3635: Mr. CASSIDY, Mr. FLEMING, Mr. H.R. 914: Mr. DEAL of Georgia. H.R. 2502: Mr. LANCE and Mr. DAVIS of Illi- ALEXANDER, Mr. BOUSTANY, and Mr. H.R. 932: Mr. BRADY of Pennsylvania, Ms. nois. MELANCON. KILROY, and Mr. CUMMINGS. H.R. 2556: Mr. MANZULLO. H.R. 3636: Mr. SABLAN. H.R. 953: Mr. CHAFFETZ. H.R. 2563: Mr. BURGESS. H.R. 3639: Ms. FUDGE and Ms. TITUS. H.R. 1054: Mr. CASSIDY. H.R. 2573: Mr. NYE. H.R. 3640: Mr. ELLSWORTH. H.R. 1065: Mr. GRIJALVA. H.R. 2575: Mr. MORAN of Kansas. H.R. 3650: Mr. MARIO DIAZ-BALART of Flor- H.R. 1067: Mr. ARCURI. H.R. 2577: Mr. YOUNG of Florida. ida and Ms. EDWARDS of Maryland. H.R. 1086: Mr. NEUGEBAUER. H.R. 2584: Ms. BERKLEY, Mr. MARCHANT, H.R. 3664: Mr. CUMMINGS, Mr. BRADY of H.R. 1091: Mr. BERMAN. Mr. GOHMERT, and Mr. PERRIELLO. Pennsylvania, Mrs. MALONEY, Mr. CAPUANO, H.R. 1094: Mr. DOGGETT. H.R. 2606: Mrs. CHRISTENSEN. Mr. ISRAEL, Mr. RUPPERSBERGER, Ms. H.R. 1132: Mr. WAMP, Mr. RADANOVICH, Mr. H.R. 2626: Mrs. MILLER of Michigan. DELAURO, Mr. MCGOVERN, Mr. VAN HOLLEN, CALVERT, Ms. ROS-LEHTINEN, Mr. SPRATT, H.R. 2710: Ms. HARMAN, Mr. MCGOVERN, Mr. and Mr. SMITH of Washington. and Mr. MILLER of North Carolina. BERMAN, Mr. BACA, Mrs. CHRISTENSEN, and H.R. 3665: Mr. DOGGETT and Ms. H.R. 1147: Mr. KING of New York. Ms. MATSUI. SCHAKOWSKY. H.R. 1182: Mr. YOUNG of Florida. H.R. 2743: Mr. ROGERS of Michigan. H.R. 3666: Mr. LARSON of Connecticut and H.R. 1191: Mr. CLAY, Ms. ESHOO, Mr. H.R. 2788: Mr. WOLF, Mrs. BLACKBURN, Mr. Ms. KILPATRICK of Michigan. WEINER, Mr. WEXLER, Ms. WATERS, and Mr. LUETKEMEYER, Mr. BARRETT of South Caro- H.R. 3669: Ms. KAPTUR and Mr. GEORGE BRALEY of Iowa. lina, Mr. KILDEE, and Mr. BILBRAY. MILLER of California. H.R. 1193: Mr. CLAY. H.R. 2811: Mr. LEVIN. H.R. 3676: Mr. DUNCAN, Mrs. BLACKBURN, H.R. 1242: Mr. KUCINICH and Mr. TIBERI. H.R. 2815: Mr. GERLACH. Mr. SHADEGG, and Mr. GALLEGLY. H.R. 1250: Mrs. CAPITO. H.R. 2824: Mr. HELLER and Mr. TIBERI. H.R. 3677: Mr. WITTMAN. H.R. 1258: Mrs. CHRISTENSEN. H.R. 2849: Mr. MCDERMOTT. H.R. 3679: Mr. RUSH. H.R. 1283: Mr. DRIEHAUS. H.R. 2866: Mr. MILLER of North Carolina H.R. 3693: Mrs. EMERSON, Mr. CONAWAY, Mr. H.R. 1327: Ms. KOSMAS, Mr. MARIO DIAZ- and Ms. WASSERMAN SCHULTZ. SMITH of New Jersey, Mr. SMITH of Texas, BALART of Florida, Mr. TOWNS, Mr. H.R. 2887: Mr. PERRIELLO. and Mr. KIRK. GRIJALVA, Mr. MACK, and Mrs. CAPITO. H.R. 2932: Mr. HASTINGS of Florida. H.R. 3696: Mr. CHAFFETZ. H.R. 1402: Mr. MCNERNEY. H.R. 2946: Mr. RAHALL and Mr. PRICE of H.R. 3697: Mr. BOREN. H.R. 1456: Ms. FUDGE and Mr. VAN HOLLEN. North Carolina. H.R. 3698: Mr. MOORE of Kansas. H.R. 1458: Mr. BURGESS. H.R. 2964: Mr. WOLF, Mr. BUCHANAN, Mr. H.R. 3699: Mr. NADLER of New York. H.R. 1505: Mr. CLAY. DEAL of Georgia, Mr. GINGREY of Georgia, H.R. 3700: Mr. KINGSTON, Mr. DEAL of Geor- H.R. 1519: Mr. HELLER. Mr. BROUN of Georgia, Mr. MCHENRY, Mr. gia, Mr. WESTMORELAND, and Mr. MILLER of H.R. 1521: Mr. BARROW. HUNTER, Mr. THOMPSON of Pennsylvania, Mr. Florida. H.R. 1551: Ms. CORRINE BROWN of Florida. ROONEY, Mrs. BONO MACK, Mr. MACK, Mr. H.R. 3703: Ms. SPEIER, Mr. SMITH of New H.R. 1588: Mrs. CAPITO. BARRETT of South Carolina, Mr. BRADY of Jersey, and Ms. WATSON. H.R. 1643: Mr. ABERCROMBIE. Texas, Mr. GERLACH, Mr. BISHOP of Utah, and H.R. 3706: Mr. HOEKSTRA, Mrs. BACHMANN, H.R. 1751: Mr. SNYDER. Mr. SCHOCK. and Mrs. MYRICK. H.R. 1758: Mr. CONYERS. H.R. 2999: Mr. GENE GREEN of Texas. H.R. 3709: Mr. WALDEN. H.R. 1820: Ms. WATSON, Mr. MCCLINTOCK, H.R. 3015: Mr. BARRETT of South Carolina H.R. 3721: Mr. KUCINICH and Mr. VAN and Mrs. NAPOLITANO. and Mrs. BLACKBURN. HOLLEN.

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H.R. 3731: Ms. SCHWARTZ, Mr. SESTAK, Ms. H. Res. 666: Mr. YOUNG of Florida. RETT of South Carolina, Mr. BISHOP of Utah, FUDGE, Mr. CONYERS, Ms. LORETTA SANCHEZ H. Res. 700: Mr. THOMPSON of California and Mr. GERLACH, Mr. LUETKEMEYER, Mr. of California, Mr. THOMPSON of Mississippi, Mr. FRANK of Massachusetts. GRAVES, Mr. PLATTS, Mr. SMITH of New Jer- and Mr. STUPAK. H. Res. 708: Mr. TURNER, Mr. OBERSTAR, sey, Mr. MICA, and Mr. FRELINGHUYSEN. Mrs. MYRICK, Mr. BROWN of South Carolina, H.R. 3742: Mr. BACA, Mr. HEINRICH, Mr. INS- H. Res. 787: Mr. CONYERS, Mrs. MYRICK, Mr. Mr. DAVIS of Illinois, Mr. SABLAN, Mrs. LEE, Mr. BOREN, Ms. MCCOLLUM, Mr. MEEK of Florida, Mr. KILDEE, Mr. FARR, Mr. Dahlkemper, Mr. CLAY, Mr. RANGEL, and Mr. GRIJALVA, Mr. STUPAK, Mrs. NAPOLITANO, Mr. GUTIERREZ, Mr. SCOTT of Virginia, Mr. TAY- MCCAUL. SHULER, and Mr. HONDA. LOR, Mr. KAGEN, Mr. WILSON of Ohio, Mrs. H. Res. 709: Mr. CUMMINGS, and Mr. NYE. H.R. 3744: Mr. COURTNEY, Mr. RODRIGUEZ, NAPOLITANO, Mr. KLEIN OF FLORIDA, Mr. H. Res. 711: Mr. STARK. Mr. MASSA, Mr. HIGGINS, Mr. CARTER, and ORTIZ, Mr. CLAY, and Ms. BERKLEY. Mr. BARTLETT. H. Res. 713: Mr. BERRY, Mr. BISHOP of Geor- H. Res. 790: Mr. MCDERMOTT, Mr. YARMUTH, H.R. 3745: Mr. THOMPSON of California. gia, Mr. BRADY of Texas, Mr. BURTON of Indi- H.R. 3749: Mr. CONAWAY, Mr. BOCCIERI, Mr. ana, Mr. BUTTERFIELD, Mr. CAMPBELL, Mrs. and Ms. SCHWARTZ. BROWN of South Carolina, Mr. WALZ, Ms. CAPITO, Mr. CLEAVER, Mr. DEFAZIO, Mr. GENE H. Res. 793: Mr. BAIRD, Mr. FRANK of Mas- FALLIN, Mr. SULLIVAN, Mr. ROE of Tennessee, GREEN of Texas, Mr. JONES, Ms. KILROY, Ms. sachusetts, Mr. PLATTS, Mr. COURTNEY, and Mr. CAMP, Mr. BOOZMAN, and Mr. REHBERG. JACKSON-LEE of Texas, Mr. LEWIS of Cali- Mr. MILLER of North Carolina. H. J. Res. 50: Mr. SMITH of New Jersey. fornia, Mr. JOHNSON of Georgia, Mr. ORTIZ, H. Res. 797: Mr. MCCAUL. H. Con. Res. 79: Mr. BRADY of Pennsyl- Mr. MEEKS of New York, Mr. MICHAUD, Mr. H. Res. 798: Mr. RUSH, Ms. BORDALLO, Ms. vania. GARY G. MILLER of California, Mr. POE of WATSON, Mr. ABERCROMBIE, Mr. DUNCAN, Mr. H. Con. Res. 129: Mr. CRENSHAW, Ms. KIL- Texas, Mr. REYES, and Ms. RICHARDSON. WEINER, and Mr. SNYDER. PATRICK of Michigan, Mr. BOYD, and Mr. H. Res. 716: Mr. QUIGLEY and Ms. LINDA T. YOUNG of Florida. SA´ NCHEZ of California. H. Res. 800: Mr. WOLF, Mr. MITCHELL, Mr. H. Con. Res. 139: Mr. CONAWAY, Mr. H. Res. 721: Mr. WITTMAN. ALTMIRE, Mr. KAGEN, Ms. WATERS, Mr. CAMP- COURTNEY, Ms. SHEA-PORTER, Mr. MILLER of H. Res. 729: Ms. EDDIE BERNICE JOHNSON of BELL, Mr. DANIEL E. LUNGREN of California, Florida, Mr. ROGERS of Alabama, Mr. BOYD, Texas, Mr. THOMPSON of Pennsylvania, Mr. Mr. FLAKE, Mrs. NAPOLITANO, Mr. HARE, Mr. Mr. FORTENBERRY, and Mr. ADLER of New Hall of Texas, and Mr. MASSA. MICHAUD, Mr. KISSELL, Ms. TITUS, Mrs. Jersey. H. Res. 747: Ms. SHEA-PORTER and Mr. HALVORSON, Mr. TEAGUE, Ms. PINGREE of H. Con. Res. 158: Mr. NYE, Mrs. HALVORSON, MASSA. Maine, Ms. KOSMAS, Ms. KILPATRICK of and Mr. MURTHA. H. Res. 756: Mr. CALVERT and Mrs. BONO Michigan, Ms. WATSON, Mr. WELCH, Mr. H. Con. Res. 160: Mr. SNYDER. MACK. MARCHANT, Mrs. KIRKPATRICK of Arizona, Ms. H. Res. 111: Mr. CARTER. H. Res. 771: Mr. LIPINSKI. ROYBAL-ALLARD, Ms. EDDIE BERNICE JOHNSON H. Res. 150: Mr. RUSH. H. Res. 776: Mr. HALL of New York, Ms. of Texas, Ms. MATSUI, Mr. MANZULLO, Mr. H. Res. 159: Ms. KAPTUR. SHEA-PORTER, Mr. BOUCHER, Mr. DOGGETT, ROSKAM, Ms. KAPTUR, Mr. COURTNEY, Mr. H. Res. 397: Mr. MANZULLO. Mr. WELCH, Mr. REICHERT, and Mr. PALLONE, Mr. PASCRELL, Mr. ROTHMAN of H. Res. 521: Mr. PLATTS. BLUMENAUER. New Jersey, Mr. WAXMAN, Ms. LEE of Cali- H. Res. 568: Mr. CLEAVER, Ms. ROS- H. Res. 777: Mr. GRIJALVA. fornia, Mr. CLEAVER, and Mr. SKELTON. LEHTINEN, Mr. WITTMAN, and Mr. LATTA. H. Res. 783: Ms. EDDIE BERNICE JOHNSON of H. Res. 810: Mr. SMITH of Washington, Mr. H. Res. 581: Mr. CONAWAY, Mr. JORDAN of Texas, Mr. MEEK of Florida, Mr. SESSIONS, FALEOMAVAEGA, Ms. BORDALLO, Mr. Ohio, Mr. GOHMERT, Mr. TERRY, Mr. HUNTER, Mr. SHIMKUS, Ms. LEE of California, Mr. FORTENBERRY, and Mr. MORAN of Virginia. Mrs. MYRICK, and Mr. KIRK. HENSARLING, Mr. WELCH, Mrs. LUMMIS, Mr. H. Res. 633: Mr. BACA. COFFMAN of Colorado, Mr. SIMPSON, Mr. VIS- H. Res. 812: Mr. ROGERS of Alabama. H. Res. 660: Mr. TONKO. CLOSKY, Ms. WASSERMAN SCHULTZ, Mr. BAR- H. Res. 813: Mr. DAVIS of Illinois.

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Vol. 155 WASHINGTON, THURSDAY, OCTOBER 8, 2009 No. 145 Senate The Senate met at 9:30 a.m. and was The legislative clerk read the fol- more affordable to live a healthy life in called to order by the Honorable MARK lowing letter: America. Every day we come closer to L. PRYOR, a Senator from the State of U.S. SENATE, achieving that goal. Yesterday was a Arkansas. PRESIDENT PRO TEMPORE, landmark occasion. Yesterday the non- Washington, DC, October 8, 2009. partisan Congressional Budget Office PRAYER To the Senate: confirmed that the Finance Committee Under the provisions of rule I, paragraph 3, The Chaplain, Dr. Barry C. Black, of- plan, which is one of the five plans in of the Standing Rules of the Senate, I hereby Congress to reform the way health in- fered the following prayer: appoint the Honorable MARK L. PRYOR, a Let us pray. Senator from the State of Arkansas, to per- surance companies treat people in this O, God of light shining in darkness, form the duties of the Chair. country, will reduce the deficit. O, God of hope lifting from despair, we ROBERT C. BYRD, It did not say it will keep the deficit turn our thoughts to what You have President pro tempore. the same. It did not say it will increase done in our lives, what You are doing, Mr. PRYOR thereupon assumed the it, not even by one penny. It said, in and what You promised to do in the chair as Acting President pro tempore. black and white, that the Finance days to come. Let our gratitude for Committee’s bill will reduce our def- f Your grace rise up in joy and praise to icit, not just in the short term but over Your throne. RECOGNITION OF THE MAJORITY the long term as well. Lord, use the talents of our law- LEADER That is something progressives, con- servatives, and Independents, everyone makers for Your purposes. Inspire The ACTING PRESIDENT pro tem- in between, can be thankful for and can them to dedicate their abilities to You pore. The majority leader is recog- applaud. Today we stand closer than to be used in faithful service. Show nized. them how to maximize their opportuni- ever to fulfilling that fundamental ties to bring justice, equality, and f promise, the one for which we have peace to our Nation and world. Em- SCHEDULE fought more than 60 years. We stand power them to enable justice to prevail closer than ever to fulfilling the cause Mr. REID. Mr. President, following over injustice, reconciliation to replace of Senator Ted Kennedy. leader remarks, the Senate will pro- conflict, and caring to replace apathy. But as anyone who has even super- ceed to a period of morning business Lord, give them a sense of destiny and ficially followed the debate knows, the for 1 hour, with Senators permitted to a deep dependence on Your guidance. route to realizing Senator Kennedy’s speak for up to 10 minutes each. The Strengthen their desire to have con- dream is far from smooth sailing. Republicans will control the first 30 gruity between beliefs and behavior as There are still those who will not rest minutes. The majority will control the they seek to live worthy of their privi- until the American people are denied second 30 minutes. lege. the change they demanded, those who Following morning business, the Sen- We pray in the Redeemer’s Name. will not be happy unless the status quo ate will resume consideration of the Amen. is sustained. There are those who still Commerce, Justice, Science Appropria- want to pick fights against us, even f tions Act. We hope to reach short time though we are interested only in fight- PLEDGE OF ALLEGIANCE agreements on available conference re- ing for hardworking American fami- ports. Senators will be notified when The Honorable MARK L. PRYOR led lies. There are those who consider this any votes are scheduled during today’s the Pledge of Allegiance, as follows: a zero sum game and will only declare session of the Senate. Senators SHELBY I pledge allegiance to the Flag of the victory if President Obama concedes and MIKULSKI feel we can finish the bill United States of America, and to the Repub- defeat. So let me be very clear. Just as lic for which it stands, one nation under God, that we are working on today. Democrats believe in ensuring quality, indivisible, with liberty and justice for all. FINANCE COMMITTEE CBO REPORT affordable health care for every Amer- f The Finance Committee report came ican citizen, we believe equally as out yesterday from CBO. It was out- strongly that this country has no place APPOINTMENT OF ACTING standing, $81 billion, bending the curve. for those who wish for its leaders to PRESIDENT PRO TEMPORE That bill will be voted on by the Fi- fail. The PRESIDING OFFICER. The nance Committee on Tuesday morning. Just as yesterday brought us another clerk will please read a communication It will be reported to the Senate. step closer to real reform, it also to the Senate from the President pro Since Harry Truman was President, brought us another round of Repub- tempore (Mr. BYRD). Democrats have fought to make it lican excuses, from the Republican

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

S10257

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.000 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10258 CONGRESSIONAL RECORD — SENATE October 8, 2009 leadership on down. The other side re- had prostate cancer, or simply because I agree with President Obama who mains trapped in its strategy of distor- you are a woman. Under the Repub- told Congress last month: We have no tion, distraction, and deception. Yes- lican plan, if you have health insur- patience for those who seek more of terday on the Senate floor, the Repub- ance, your family has to pay at least the same failed ideas. We have no pa- lican leader asked rhetorically: What $1,000 a year more to cover all of the tience for those who contribute only happens to Medicare under our plan? other families who have none. criticism and not constructive input. Well, let me answer that question. Republicans in Congress are the only We have no patience for those who Under our plan, seniors pay less for ones who support that plan. The rest of mischaracterize our plan or mislead their medicine. Under our plan, seniors the country knows we need to act and the people, and will call them out when pay nothing for their annual checkup. we need to act now. Here is a list of they do. Under our plan, seniors pay nothing for those who support our plan to improve That is what the speech was all preventive care. And, under our plan, our health insurance in the short term about. We believe this because we be- doctors who treat seniors get a raise. and the long term alike: doctors; hos- lieve the American people deserve to be But the other side is not letting pitals; the pharmaceutical industry; a told the truth. We believe hard-work- those facts get in the way of a good bipartisan group of Governors; Presi- ing families already have enough real sound bite. Instead, yesterday on the dent Obama, who has made fixing problems to worry about without hav- Senate floor, the Republican leader health care his top priority; Democrats ing their time wasted with fake prob- said: Our plan will cut Medicare. What in Congress who are committed to get- lems. We believe this country is no he did not bother to say is that the ting it done this year; and, at the top place for those who hope for failure, of that list, the American people, 9 of only thing we are cutting is the waste failure of their leaders. 10 of whom say high health care costs rampant in that system, waste that f you as a taxpayer pay in every pay- are hurting their families, crushing check. their families. RECOGNITION OF THE MINORITY Yesterday on the Senate floor, the In recent days, prominent, coura- LEADER Republican leader said: ‘‘Republicans geous, independent-minded Repub- The ACTING PRESIDENT pro tem- have tried to protect Medicare licans throughout this country have pore. The minority leader is recog- throughout the debate.’’ added their names to that list of people nized. Listen to that one: ‘‘Republicans who are crying for health care reform. f have tried to protect Medicare Arnold Schwarzenegger, the Governor throughout the debate.’’ of a State with 38 million people, the HEALTH CARE: WEEK XII, DAY II What he did not bother to say is that most populous State in the Union; Mi- Mr. MCCONNELL. Mr. President, yes- this debate is also the first time in his- chael Bloomberg, the mayor of the terday morning, our friends across the tory Republicans ever found such an most populous city in the country; aisle came to the floor to defend the interest. The fact is that ever since Bobby Jindal, the Governor of Lou- health care plan that they and their Senate Republicans opposed the cre- isiana—Republicans asked him to pro- colleagues are pushing through Con- ation of Medicare, they have spent the vide their party’s response to President gress—a plan that has as its foundation past 40 years on the wrong side of his- Obama’s first ever address to Con- a trillion dollars in spending, half a tory when it comes to helping seniors. gress—Tommy Thompson, former Gov- trillion dollars in cuts to Medicare, In the past 10 years, Republicans ernor of Wisconsin, former Secretary of higher premiums, higher taxes on just have voted against protecting and Health and Human Services under about everyone at a time of near dou- strengthening Medicare 59 times. When President Bush; Mark McClellan, ble-digit unemployment, and limits on President Bush vetoed the Medicare former head of the Centers for Medi- the health care choices that millions of Improvement Act last year, the only care and Medicaid Services under Americans now enjoy. Later in the day, Senators who supported that disastrous President Bush; Bill Frist, former Sen- we got a cost estimate. It is irrelevant. veto were his fellow Republicans here ate majority leader and a physician The bill it is referring to will never see in the Senate. So the American people who said last week, if he were still in the light of day. can be excused for not buying the Re- the Senate, he would vote for health What matters is that the final bill publicans’ eleventh-hour claim that insurance reform; and, Bob Dole, will cost about a trillion dollars, vastly they are the true guardians of seniors’ today, announced that he supports expand the role of government in peo- health care. something being done. This former maple’s health care decisions, increase It is telling that after weeks of nego- jority leader and Republican nominee premiums, and limit choice. tiations, months of debate, and decades for President this week encouraged his For months, Republicans have taken of national movements for health in- party to drop their ‘‘just say no’’ strat- every opportunity to talk about the surance reform, this is the best they egy. He was even stronger in his state- kinds of commonsense reforms we need can came up with. It is telling that one ments today. of their most oft-repeated arguments Here is a list of those who think and that Americans actually want. protests not the contents of the bill things are just fine the way they are: Personally, I have spoken just about but now the number of the pages of the Republican leaders in Congress. That is every day we have been on the floor bill. How is that for criticism: The bill it. That is the list. And that is the real since June about step-by-step reforms has too many pages. match-up in this health care debate. It to lower costs, commonsense ideas that Let’s not forget the Republicans only is clear to see who is listening to the we should all agree on like malpractice offer arguments in response to our plan American people, who has tuned them reform, equalizing the tax treatment to make health care more stable and out. for businesses and individuals, and pre- more secure. We have yet to hear any Democrats are willing to listen not vention and wellness programs—all of Republican arguments in support of only to the American people, we are which would get right at the heart of their own health care ideas. Why? Be- also more than willing to listen to con- our health care problems. cause there are not any. They do not gressional Republican ideas, if they We have talked about these things exist. offer any, to move this debate forward. because they address the problems we The Republican plan is nothing more We would be happy to end up with a have, problems of cost and access, than the status quo. Under the Repub- bill that does not rely on 60 Senators without limiting the choices Ameri- lican plan, insurance companies can but one that can earn a lot more. cans now enjoy. We have talked about continue to deny a person coverage But until that happens, until Repub- these things because these are the re- when they need it the most. Under the licans in Congress show they want to forms Americans want. Republican plan, insurance companies be productive partners rather than par- I have spoken about reform 43 times can deny you coverage because you tisan protesters, we will continue to do on the Senate floor. Yet some don’t have high cholesterol or hay fever or what the vast majority of the Amer- seem to be listening. And this is pre- even heart disease. ican people demand that we do; that is, cisely the problem Americans have They can raise your rates because continue moving forward to improve a identified with some of the advocates you are getting older, because your dad badly broken system. of the Democrats’ health care plans.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.001 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10259 They are not listening to our common- ican people think. They are making it focus is reducing cost. We all know sense proposals any more than they are clear. It is about time we listen. there are people who don’t have health listening to the concerns of the Amer- I yield the floor. care and who need it. We would like to ican people. f extend it to them. But we can’t afford In fact, listening to the proponents of to do that until we reduce the cost of these plans, one gets the sense they are RESERVATION OF LEADER TIME the health care we have. It is going to more concerned about their legacies The ACTING PRESIDENT pro tem- bankrupt us as individuals if we don’t than what the American people actu- pore. Under the previous order, the reduce the cost of our health care pre- ally want. ‘‘This is the moment’’ . . . leadership time is reserved. miums. It is going to bankrupt our ‘‘Be a part of history . . .’’ These are f government if we don’t stop the growth of health care. Our first goal is reduc- the kinds of things they say to each MORNING BUSINESS other about health care reform. Here is ing cost, which is why the Republican an idea: How about asking the Amer- The ACTING PRESIDENT pro tem- plan for health care is to take several ican people what they want instead? pore. Under the previous order, the commonsense steps in the right direc- Everyone wants reform. I have said Senate will proceed to a period of tion—reducing cost—that will get us so almost every day on the floor for morning business for up to 1 hour, with where we want to go. We have said months. But a 1,000-page, trillion-dol- Senators permitted to speak therein those on the floor time after time after lar bill that cuts Medicare by half a for up to 10 minutes each, with the time. trillion dollars, raises taxes on vir- time equally divided and controlled be- They include allowing small busi- tually everyone, raises premiums, and tween the two leaders or their des- nesses to pool their resources so they limits the health care choices Ameri- ignees, with the Republicans control- can offer insurance to more of their cans now enjoy is not the kind of re- ling the first half and the majority employees. They include taking steps to stop junk lawsuits against doctors, form Americans want. And what mat- controlling the final half. which are driving up malpractice pre- ters more than that? The Senator from Tennessee. The views of the American people are Mr. ALEXANDER. Mr. President, miums and causing problems for patients. For example, many women who relevant in a debate about legislation would the Chair please advise when I are pregnant in rural West Tennessee that will have a profound and lasting have consumed 9 minutes. counties have to drive all the way to effect on their lives. And these same The ACTING PRESIDENT pro tem- Memphis to see a doctor because doc- Americans overwhelmingly oppose the pore. The Chair will so advise. tors would not practice there anymore 1,000-page, trillion-dollar plans they f because of the high cost of medical have seen from the administration and HEALTH CARE REFORM malpractice premiums, which is driv- Congress. They have been saying so for ing up the cost of health care. We could months. Mr. ALEXANDER. Mr. President, I create exchanges in each State so peo- Take the issue of cost. One of the congratulate the Republican leader for ple could shop for individual insurance. things Americans are concerned about his comments. If it weren’t so serious, We could allow people to buy their in- is how much this legislation will cost. he and I and the Senator from Texas surance across State lines. We all be- They are asking the question. They are would probably all be amused to hear lieve that if we did a better job of en- not getting a straight answer. the Democratic leader come here day couraging technology, we could reduce We have seen a lot of numbers after day and say the Republicans cost and reduce paperwork. All doctors thrown around. As I have already don’t have a health care plan and then and nurses and medical assistants noted, yesterday we got another one attack our plan. That is typical of the kind of talk we are getting about know that. from the CBO. It doesn’t tell the whole Those are five steps we could take to- health care reform from the Demo- story. The fact is, the bill it is refer- gether to reduce cost, and we could cratic side. We are getting double-talk. ring to will never see the light of day. begin to add to our rolls the 11 or 12 It reminds me, a few years after I was That is because the real bill will soon million people who are already eligible Governor of Tennessee—it must have be cobbled together in a secret con- for programs we have today. That been the early 1990s—I was driving ference room somewhere in the Capitol would make a big difference. by a handful of Democratic Senators along in Nashville as a private citizen. Instead, what our friends on the and White House officials. I had the radio on. It might have been other side want to do is transform the The other numbers we have seen are an Arkansas radio station, but I think system at a cost of closer to $1.6 to $1.8 intended to explain how much this bill it was a Nashville station. The an- trillion, when fully implemented. The will cost over 10 years. What most peo- nouncer said: Big news. The Tennessee question will be, Will it reduce our ple do not realize is that the new plans legislature has passed a new law cre- costs? That is why we want to read the would not go into effect for another 41⁄2 ating a Medicaid program called bill. We want to know what it costs. years. So what is being sold as a 10- TennCare. Here is what it will do. It This is not a bill. This is some pages of year cost is really a 51⁄2 year cost. That will cover twice as many people for the concepts. This is not a formal, com- means you can take the numbers you same amount of money. plete estimate of its cost. That only are getting and nearly double them. Everybody was happy about that. No- comes when we have a bill. Here is what we know about the true body had to raise taxes. Nobody had to We have had 8 Democratic Senators cost of the three bills we have seen so pay any more money. Twice as many who have written to the majority lead- far: The Budget Committee has deter- people get health care. I remember er and said what all 40 Republicans mined that the Finance Committee what went through my mind: I bet that have said. The legislative text and the Bill, as introduced, will cost $1.8 tril- doesn’t happen. That sounds too good complete budget scores from the Con- lion over 10 years, and we do not expect to be true. gressional Budget Office that are going it to get any better from here on out. The same idea went through my to be considered should be available on The HELP Committee bill will cost $2.2 mind when I picked up a paper this a Web site for 72 hours prior to the first trillion over 10 years. And the House morning and read: The Senate Finance vote. Democrats voted that down in bill will cost $2.4 trillion over 10 years. Committee has finished its work. We the Finance Committee. They voted So the average cost of these bills, when are going to give 29 million more down the idea of allowing 72 hours to fully implemented, is more than $2 tril- Americans health care. It is going to read a 1,000-page bill and to find out lion. cost hundreds of billions of dollars what it costs. Apparently, some Demo- Americans are concerned about all more, and it is going to reduce the Fed- crats are coming to their senses and this spending. They want straight an- eral deficit all at once. What went saying: No, we would like to have the swers. Advocates of the administra- through my mind was: That sounds too bill. We would like to read it. We would tion’s health care proposal seem to good to be true. It sounds like the like to have a formal, complete score— think that the bigger the proposal, the TennCare story. their words—of what it costs, and then more complicated, the more expensive, Let’s remind ourselves what the Re- we will start voting. This is not a bill. the better. That is not what the Amer- publican leader said a minute ago. The These are concepts.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.001 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10260 CONGRESSIONAL RECORD — SENATE October 8, 2009 Then the majority leader is going to out what it costs, we will find it whom have written to the majority put this all together into another bill doesn’t reduce the deficit. Even if it leader saying that makes sense to or create a bill. Then it will take a cou- did, it is going to cost $1.6 or $1.8 tril- them. So I hope we will build a bipar- ple weeks to find out what that costs. lion. Who is going to pay for it? Half of tisan consensus for more transparency We have some questions to ask in the it is going to come from cuts in Medi- in the debate. meantime. First, we would like the care, which serves seniors. Instead of I have also come to the floor to talk Democrats to join us in step-by-step putting any savings in Medicare to about how it makes no sense to cut solutions to reduce cost. Next, we want strengthen that program, which is Medicare benefits for 11 million Medi- to know whether it is going to reduce going bankrupt in 2015–2017, we are care beneficiaries who happen to be en- the cost to government and whether it going to spend it on a new program. gaged in the Medicare Advantage Pro- will reduce the cost to each of us who Eight hundred billion will come in new gram in order to pay for this bill. Why is buying health insurance. As I look at taxes. Our insurance premiums are would you take $1⁄2 trillion from Medi- the outlines, I think it might not. For likely to go up instead of down because care, which is on a pathway to bank- example, as the Republican leader said, we will all be buying new government- ruptcy by 2017, in order to create a new we know it is going to cost about twice approved programs. government program? It can only make as much as the $800 billion advertised If Speaker PELOSI is successful in sense inside the beltway and if you vol- because it doesn’t start taking effect adding the government-run option into untarily suspend your powers of dis- for a few years. The taxes start right the bill before it finally gets through, belief. It does not make sense across away, but the benefits don’t start for a millions of Americans will be losing the country. That is why it is so impor- few years. That is the first thing. their insurance because employers will tant to have these discussions, ask The second thing is, it is going to put be paying a fine, instead of the insur- these questions, have transparency. 14 million more people into the Med- ance, because their employees can go Today I wish to ask another ques- icaid Program—not Medicare, this is to the government program. We are tion: Will the health care proposals, the Medicaid Program. This is the pro- going to be paying for it. If you are a such as the Finance Committee program States operate that is paid for Medicare beneficiary, if you pay taxes, posal and others, break the President’s two-thirds by the Federal Government if you are a State taxpayer, if you buy promise of not raising taxes on families and a third by the States, about which insurance, you are going to be paying making less than $250,000 a year? Un- all the Governors have said: If Wash- for this program. So it is important for fortunately, the Finance Committee ington is going to expand the Medicaid the next 3 to 4 weeks that as we debate bill does, in fact, raise taxes on fami- Program, Washington ought to pay for this, we ask these questions. lies making less than $250,000 a year. it. I suspect when we start asking ques- Mr. President, I see the Senator from So the President cannot keep his prom- tions, we will find Medicaid Program Texas on the floor, and I wonder, as I ise if we pass this particular legisla- costs are underestimated. All the Gov- conclude my remarks, whether he has tion. For example, this bill imposes a pen- ernors think so. We had one of the thought a little bit about whether it is alty on individuals who do not meet most painful letters I have ever read going to be possible to ensure 29 mil- the Washington-imposed mandate that from the Democratic Governor of Ten- lion more people, spend hundreds of will be enforced by the Internal Rev- nessee. Senator CORKER put it in the billions of dollars, and still reduce the enue Service. The Internal Revenue RECORD. He talked about how Ten- deficit and reduce costs to the Amer- Service is going to impose a penalty on nessee’s condition was similar to the ican people who are trying to afford you if you do not have health insur- condition of most States. their insurance premiums today. ance that meets the Washington-im- He said: For example, by 2013, we ex- The ACTING PRESIDENT pro tem- posed mandate. pect to return to our 2008 levels of rev- pore. The Senator from Texas. According to the Joint Tax Com- Mr. CORNYN. Mr. President, I would enue. We will already have cut pro- mittee, the penalty initially included respond to the distinguished Senator grams dramatically. We will have to in the bill would especially hit middle- from Tennessee, of course not. The start digging out. We haven’t given class families hard. They found that at American people are smart. They can raises to State employees or teachers least 71 percent of the penalty would for 5 years. Our pension plans will need understand that these numbers are not come from people earning less than shoring up. Our rainy day fund will going to add up. As our Republican $250,000 a year. have been depleted. We would not have leader said this morning, this bill that The bill also increases the penalty made any substantial investments in was reported in the newspaper and from 10 percent to 20 percent for Amer- years. There will be major cuts to scored by the Congressional Budget Of- icans who use a portion of their health areas such as children’s services. fice yesterday will never see the light savings account for purposes other We are going to expand a program of day. So this is a work in progress. than qualified medical expenses. It that is already causing the State of We are committed, I think on a bi- seems to me we ought to be encour- Tennessee and most other States to go partisan basis, to reform our health aging more people to use their health toward bankruptcy. That is the way we care system. But the goal—and we need savings accounts rather than less. But are going to achieve reform. That is to keep our eye on the goal—is to bring as I discussed yesterday on the tele- half the reform. Most Governors who down the cost and to cover people who phone with the CEO of Whole Foods, have had anything to do with the Med- currently are not covered. This bill, John Mackey, he said the health sav- icaid Program say that dumping low- unfortunately, does not accomplish ings accounts—they call them wellness income Americans into the Medicaid those goals. But we are going to keep accounts, which are overwhelmingly Program, where 40 percent of the doc- working with our colleagues, if they successful and voted on every year tors would not see them, is not health will be open to our suggestions. But I with the satisfaction rate of some 85 care reform. Medicaid costs are under- have to tell you, as a member of the Fi- percent or more by the employees of estimated. nance Committee, virtually every sug- Whole Foods, headquartered in Austin, Also, I don’t think the Congressional gestion Republicans made during the TX—will be an illegal plan under this Budget Office estimate of these con- amendment process to this bill was mandate. Insurance premiums, of cepts we saw includes what we inele- voted down on a party-line basis. course, will go up in the process. gantly call the doc fix. Every year the I came to the floor to talk about one This bill also raises the floor on de- system we have reduces payments to of those amendments the Senator from ductions of medical expenses to 10 per- doctors who work on Medicare pa- Tennessee mentioned, where we asked cent from its current level of 7.5 per- tients. So we come back and raise the merely that the bill—once it is reduced cent. So you will be able to deduct less amount of money. If we only pay doc- to legislative language and the cost is of your medical expenses if you have tors 10 years from today what we are determined—be put on the Internet for serious health care expenses, which paying them today to serve Medicare 72 hours. That was voted down along a means your taxes will go up. If you can patients, it will cost $285 billion, and party-line vote. But I thank the Acting deduct less, your taxes will go up. that is not in this bill. When we ask President pro tempore and other folks The committee did, I would point our questions and read the bill and find on the other side of the aisle, eight of out, consider an amendment that was

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.003 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10261 intended to bring the bill in line with Well, he said: We got the money and According to the paper this morning, the President’s promise not to raise I have already spent it on the car and we are going to get 29 million of the 47 taxes on people making less than there is nothing you can do about it million taken care of, which means $250,000 a year, and it was voted down now. roughly 20 million left out. We can go along party lines. Republicans were for As it turned out in the movie, the into the details of who the 47 million it and Democrats were against it. This new car got repossessed later on be- are. As we do, we find out it is a very amendment would have protected fami- cause he had only made a downpay- mixed bag of people who are just pass- lies who earn less than $250,000. But, as ment on it, and they could not afford ing through that category, people who I say, it was voted down. the payments to keep the car. deliberately choose not to be there. If In addition to imposing taxes on peo- Why do I say the health care debate we are spending $1 trillion just to get ple the President promised not to im- reminds me of this scene from the to 29 million out of the 47 million, we pose taxes on, this also imposes addi- movie? The Federal debt is rising. The are not getting a very good new car. tional so-called industry fees, which deficits from the regular appropria- We are not getting an improvement experts have said will ultimately be tions bills are enormous. We are wal- over what we have already. passed down to consumers in higher in- lowing in red ink in the Federal Gov- Again, that $1 trillion could be spent surance costs. So instead of making in- ernment. But this bill is not going to in a much better and wiser way. If, insurance more affordable, this bill add to the deficit because we found $1 deed, we have an extra $1 trillion we would actually make it less affordable trillion as a way to pay for it. We found can spend on health care—if, indeed, we and head in the wrong direction. The $1 trillion someplace else we can use to do have an opportunity to buy a new nonpartisan Congressional Budget Of- pay for this bill. We can buy this new car—this is the kind of thing we could fice and the Joint Tax Committee both car, and, OK, the roof is leaking, the get for the $1 trillion, if we said: All confirmed these fees would be passed college fund is gone, the house pay- right, we have an extra $1 trillion lying along to consumers and ultimately ments are in arrears, but somehow we around, let’s put it in health care. We raise insurance premiums. have a trillion extra dollars that we could double cancer research funding; So my question for today is: Will think is best spent on the new car. we could provide treatment for every these proposed health care reforms If the new car is that much better American whose diabetes or heart dis- break the President’s promise not to than the old car, maybe the case could ease is going unmanaged; we could cre- raise taxes on those making $250,000 or be made that we should take this $1 ate a global immunization campaign to less? Unfortunately, the Finance Com- trillion and spend it on the new car. save millions of children’s lives; and we mittee proposal, which we will now ap- What do we get for $1 trillion from the would still have enough money left parently vote on on Tuesday of next Baucus bill? The $1 trillion, which, if it over to keep doing these programs for week, does break the President’s prom- is available to make this thing deficit- at least a decade and probably more. neutral, could very well be spent in ise. That is what we could get for a new But Republicans stand ready to work balancing other budgetary problems car in the form of health care reform, with our friends on the other side if and paying down the national debt and if we were willing to spend the trillion they will accept some ideas on how to doing other things with it. dollars on trying to improve people’s do this to bring down costs and to If we do have $1 trillion to spend health. Instead of trying to improve cover more people to make health cov- here, what are we getting for it when people’s health, we are simply trying, erage more affordable. But so far all we are spending it entirely on the Bau- through this bill, to keep the present those suggestions have been rejected cus bill? Well, we are getting a con- system as it is. along party-line votes. tinuation of defensive medicine be- Mr. President, I yield the floor. cause there is no significant mal- I have heard my friends from the The ACTING PRESIDENT pro tem- practice reform, tort reform in this other side of the aisle say repeatedly: pore. The Senator from Utah. bill. The present system is broken. The Mr. BENNETT. Mr. President, along In his speech to the Congress, Presi- present system is not an acceptable al- with my colleague, I noticed, with dent Obama said: ternative. The present system must be great interest, the headline in this I don’t believe malpractice reform is a sil- changed. I say: Hooray. I agree. I just morning’s paper that said the Congres- ver bullet, but I have talked to enough doc- wish the Baucus bill would deal with sional Budget Office has said the tors to know that defensive medicine may be the present system. I just wish the health plan that is coming out of the contributing to unnecessary costs. Baucus bill would give us, in fact, a Finance Committee will not increase I do not want to argue with the new car rather than simply replacing the deficit. I thought: That is a little President that much because I was de- the old car with a duplicate of the old bit hard to believe. Then I looked at lighted when he said that, and I was on car that happens to cost an extra $1 the details, and all of this reminded me my feet applauding with others for trillion. of a scene out of an old movie. The that particular statement. I would say, So I am hoping that as we move movie is not worth talking about, but defensive medicine not ‘‘may be’’ con- things forward, we can make some sig- the scene is worth talking about to de- tributing to unnecessary costs; defen- nificant changes in it because at the scribe what is happening. sive medicine ‘‘clearly is’’ contributing present time what we have here is a It was a circumstance where a spend- to unnecessary costs. But we are not program that would spend Federal cash thrift husband comes home to a frugal dealing with that in the Baucus bill. for a clunker. wife with a new car. The wife takes one We are raising $1 trillion somewhere I yield the floor and suggest the ab- look at the new car and says: Why in else so we can continue business as sence of a quorum. the world are we doing this? We can’t usual with respect to defensive medi- The ACTING PRESIDENT pro tem- afford a new car. cine and malpractice awards within our pore. The clerk will call the roll. He said: No. Remember, we got that present system. So the new car is no The legislative clerk proceeded to windfall. There was an inheritance that better than the old car. It is costing us call the roll. came through. We got some extra a lot more money, but it is no better Ms. MIKULSKI. Mr. President, I ask money. We can afford the new car, and than the old car. unanimous consent that the order for it will not add—to use the terms of Are we getting coverage of the 47 the quorum call be rescinded. politicians—a dime to the deficit be- million Americans whom we hear cause we have this windfall coming in about over and over again in the de- The ACTING PRESIDENT pro tem- and we can spend it on the new car. bate, when they say: Well, the whole pore. Without objection, it is so or- She said: Are you kidding? The roof purpose we have to undertake this is dered. is leaking. The college fund for the because we have 47 million Americans Ms. MIKULSKI. What is the pending kids is empty. Our house payments are who do not have health care coverage. order, Mr. President? in arrears. We got that windfall. We Are we getting them taken care of? Do The ACTING PRESIDENT pro tem- could take care of some of these other we have room for them in the new car? pore. The Senate is in morning busi- problems. We don’t need a new car. Well, not really. ness for another 27 minutes.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.004 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10262 CONGRESSIONAL RECORD — SENATE October 8, 2009 HEALTH CARE REFORM are going to be paying $24,000, if we nosis, she had no way to pay for the Ms. MIKULSKI. Thank you very don’t do something to bend this cost treatment. Julie’s sister lost her battle much, Mr. President. curve. with breast cancer this March. Like As the dean of the Democratic Medicare is something that is so im- thousands of women across America, Women in the Senate, we wish to tell portant for women in this country. It is perhaps Julie’s sister could have beat- our colleagues and the American peo- going to go in the red by 2017. en this cancer if she had had access to ple that we want to join together as One of the things that really bothers affordable, preventive care and, after women of the Senate today to talk me about the current situation is this her diagnosis, access to either insur- about the compelling issues facing the preexisting condition issue. I couldn’t ance or medical care to cover her can- American people in terms of the need believe what I found out last week: In cer treatment. In this heartbreaking for health care reform. We are going to nine States and the District of Colum- situation, Julie’s sister was sick and be speaking out and speaking up about bia, women who are victims of domes- stuck. the need for reform. I will be the wrap- tic abuse or who have been victims of Unfortunately, I hear about such up speaker. domestic abuse can be denied health cases far too often. Inefficiencies and In order to kick it off, I am going to care coverage because domestic abuse discriminatory practices in our health yield—how much time does the Senator can be considered a preexisting condi- care system disproportionately affect from Minnesota need? tion. So they get abused and then they women. In all but 12 States, insurance Ms. KLOBUCHAR. I would say 5 min- can’t even get the health care coverage companies are allowed to charge utes. to help them. Maternity, being preg- women more than they charge men for Ms. MIKULSKI. We have nine speak- nant—these things can all be pre- coverage. The great irony here is that ers. existing conditions, and that is some- mothers, the people who care for us Ms. KLOBUCHAR. I will need 3 min- thing we need to stop. when we are sick, are penalized under utes. That is why I am so glad one of the our current system. Ms. MIKULSKI. I yield 3 minutes to major proposals in this reform is to do My daughter Carrie recently grad- the Senator from Minnesota. something about preexisting condi- uated from college and had to purchase The ACTING PRESIDENT pro tem- tions. We also need to make sure pre- her own health insurance. For no other pore. The Senator from Minnesota is ventive care—so important to women— reason than her gender, her insurance recognized. things such as mammograms are cov- policies cost more than they do for my Ms. KLOBUCHAR. Mr. President, I ered in our health care plan. son Tilden. rise today to talk about the impor- Finally, one of the things I know the Yesterday, a 23-year-old staffer in my tance of health care reform to the Senator from Maryland has been such a office, a female from Fayetteville, women of this country. leader on is aging parents. People such shopped for health insurance on the in- Let me tell my colleagues how I got as myself, we have kids of our own and dividual market for the most basic, interested in this issue. When my then we also have aging parents. We bestselling plan. It would cost her $235 daughter was born, she was very sick. are caught in what they call the sand- a month; for a man of the same age, She couldn’t swallow. She was in inten- wich generation: taking care of our $88. That is 21⁄2 times more expensive, sive care. They thought she had a own kids and making sure our parents close to $1,800 more per year. tumor. It was a horrendous moment for get care at the same time. Predomi- Many women who have health insur- our family. I was up all night in labor, nantly, a lot of women are in this situ- ance are still stuck. Insurance compa- up all day trying to figure out what ation. That is why the CLASS Act, nies don’t often cover key preventive was wrong with her, and they literally which Senator Kennedy proposed and services such as mammograms and pap kicked me out of the hospital—my hus- which is in one of the health care pro- smears. Often, the copays for these band wheeled me out in a wheelchair posals, which allows Americans to use critical services can be out of reach for after 24 hours—because at that point in pretax dollars to pay for their health many women when they range as high our country’s history, they had a rule; insurance and their long-term care in- as $60 a visit. More than half of all it was called driveby births. When a surance is so important. women, like Julie’s sister, have re- mom gave birth, she had to get kicked So I am glad for American women ported delaying preventive screenings. out of the hospital in 24 hours. that we are moving forward on this Without insurance, mammograms cost Well, I went to the legislature with a health care reform. well over $100. number of other moms and we said: Thank you very much, Mr. President. In many cases, the difference be- Enough is enough. We got one of the I yield the floor. tween life and death is early detection. first laws passed in the country, in the Ms. MIKULSKI. Mr. President, we The Affordable Health Choices Act— State of Minnesota, guaranteeing new thank the Senator for her advocacy to which I worked with my colleagues on moms and their babies a 48-hour hos- end this driveby delivery and other pu- the Health, Education, Labor and Pen- pital stay. My favorite moment of this nitive practices. sions Committee to craft—makes pre- was at the conference committee when I yield 3 minutes to the Senator from ventive care possible for women across there were a number of people who North Carolina. America. It eliminates all copays and were trying to get the implementation The ACTING PRESIDENT pro tem- deductibles for recommended preven- of this bill delayed so it wouldn’t take pore. The Senator from North Carolina. tive services. effect. I went there with six pregnant Mrs. HAGAN. Mr. President, I am We are also stopping insurance com- friends of mine. When the legislature joining my colleagues on the floor panies from charging women more than said, when should this bill take effect, today to talk about how health care re- men or using preexisting conditions as the pregnant women all raised their form will improve women’s access to a reason to deny anyone health insur- hands and said, ‘‘now.’’ That is what care. ance. happened. That is what the women of I recently received an e-mail from a The PRESIDING OFFICER (Mr. America are saying today. They are woman in Raleigh that truly under- KIRK). The Senator’s time has expired. saying, ‘‘Now.’’ They cannot keep hav- scores why women need health care re- Mrs. HAGAN. I thank the Chair and ing these escalating health care costs form in America. Julie wrote to me yield the floor. that are making it harder and harder about her sister who was uninsured and Ms. MIKULSKI. Mr. President, I now for them to afford health care. waited years for a mammogram be- yield 3 minutes to the Senator from I always tell the people in my State cause she literally couldn’t afford to Michigan. to remember three numbers: 6, 12, and pay for one. Then she found a lump in Ms. STABENOW. Mr. President, I 24. About 10 years ago, the average her breast. By the time the lump be- thank the dean of the women in this family was paying $6,000 for their came a mass, Julie’s sister finally got Senate, Senator MIKULSKI, for bringing health insurance. Now they are paying a mammogram and had to pay for it us all together on the Senate floor, and something like $12,000, a lot of them with cash. The mammogram confirmed I join with my great colleagues from paying even more; small businesses, what she suspected: She had breast California and North Carolina and even more. Ten years from now, they cancer. But now that she had the diag- other colleagues who will be joining us

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.005 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10263 as well, to talk about the importance insurance and wind up in the emer- sisters and colleagues in the Senate of health care reform for women. gency room. this morning to raise some specific and Women are the majority of the popu- Women have even more at stake. important issues relative to this relation. We have the ability to benefit Why? Because they are discriminated form debate that is moving forward. from this reform that holds insurance against by insurance companies, and They are important facts as we press companies accountable and creates that must stop, and it will stop when forward with our reforms. more opportunity for coverage. We will we pass insurance reform. see a great benefit to come from all of Now, how are women discriminated I would like to begin, just briefly, this, and I want to speak to just one against? If they have been victims of with reminding all of us that we piece of it. We know the majority of domestic violence, that is considered began—as the President called for us to people today—men and women, fami- to be a preexisting condition and, do—to focus on health care reform and lies—have insurance, and there are a therefore, they are told they can’t get to reduce cost—cost to our Nation, cost multitude of bad insurance company insurance, and that happens in eight to our States, cost to individual busi- practices that are occurring today States and the District of Columbia. It nesses as they continue to see these stopping people from getting coverage is a tragedy, and it will change when premiums skyrocketing beyond their because they have a preexisting condi- we pass health insurance reform. ability to either afford or to control, tion. If a woman is pregnant, only 14 and cost to individuals. States in America require insurance By the way, we found out just last The Baucus mark in the Senate Fi- companies to cover maternity care. week, from an article in the Wash- nance Committee, which is pending, Imagine, a country that puts family ington Post, that some insurance com- goes a significant step forward in terms panies treat pregnancy, or the inten- values first and yet only 14 States will cover maternity. That will change. of the cost issue. That is very encour- tion to adopt, as a reason to reject aging to those of us who believe that someone for a preexisting condition. I Everyone is faced with huge increases in cost, but women 18 to 55 are health care reform is essential for sev- mean that is pretty shocking to me. In eral reasons. But one of the important fact, the same report said that being charged nearly 40 percent more than men for similar coverage in my home reasons is to get cost under control and pregnant or being an expectant father, to begin to help balance the Federal with some companies, was grounds for State, and that happens in most budget and get us back on a sure finan- automatic rejection—automatic rejec- States, and health reform will stop cial footing, which—as has been stated tion—when it comes to being able to that. Because of discrimination, women by many experts, Mr. President—is im- get a health insurance policy. are at risk under the current system. So this reform is about making sure possible without fundamental insur- More than 52 percent of women re- everyone benefits; that women who ance reform. So that is point 1. ported delaying needed care or avoid- have insurance, as well as women who Point 2, the benefit of moving for- ing it completely because of cost com- don’t currently have access to health ward with reform will significantly im- pared to 39 percent of men. Now, 39 per- insurance, can see protections and prove outcomes for women, as the Sen- cent is terrible, but 52 percent is de- changes that stop the discrimination ator from California, Mrs. BOXER, stat- plorable. People are walking around and create better access to health care ed. It is going to help all Americans, sick because they can’t afford to go to because that is what this is all about, but it is going to be particularly help- the doctor. Health insurance reform being able to find affordable health ful for women of childbearing age, who will stop it. There will be no more gen- care and health care that meets our der rating. are often discriminated against with needs. All women across the country Women earn less than men, and that insurance rates because they have to certainly are desperately concerned is why it is an impossible situation. In see doctors more often just by the very about that. We have 62 million Amer- my home State, over the past 9 years, nature of pregnancy and the care they ican women right now who are in their premiums have risen more than four require. Because they have to see their childbearing years, and I was quite times as fast as earnings. We spend doctors more often, their insurance is shocked to learn that right now, ac- more than twice as much as any other sometimes significantly higher. cording to the Women’s Law Center, industrialized Nation on health care. In fact, the records show that the nearly 60 percent of the individual in- You would think we would have great- cost of an insurance plan for a 40-year- surance plans that are out there in the er outcomes, Mr. President, but we old woman can be up to 38 percent marketplace—if you are not getting in- rank 29 out of 30 industrialized nations surance through your employer, but more than a 40-year-old man in the in infant mortality. It isn’t surprising, same circumstance—same health, same you are going out yourself to find an when so many women are not getting insurance policy for you and for your geographic location. Our reform efforts prenatal care. will eliminate that bias and make family—nearly 60 percent don’t provide Medicare: More than half of those on any coverage for maternity care or health care more affordable for every- Medicare are women. If we do nothing, one but particularly for women. even an option of supplemental insur- Medicare goes broke in 2017. So when ance for an additional cost. politicians try to scare our seniors, it I wanted to take my last minute to So for the women in these plans who is despicable because it is the status talk about a letter I received from are attempting to get insurance, no quo that is dangerous. When we fix Denelle Walker, a 25-year-old woman amount of money can buy the mater- Medicare—and we will in health re- living in Baton Rouge, who just grad- nity care that they need. So this bill is form—women will get free preventive uated from school and went on to get a about changing that and making sure care, mammograms, and annual job. the women of this country have the physicals. Mr. President, 20 percent of Denelle’s care they need. So in summary, women, children, and modest paycheck—20 percent—is going The PRESIDING OFFICER. The Sen- men need us to act on health reform. ator’s time has expired. toward insurance. This bill will help We must make our voices heard. young women such as Denelle, middle- Ms. STABENOW. I thank the Chair. I thank my colleagues, my women aged women, and older women on the Ms. MIKULSKI. I now yield 3 min- colleagues, for coming to the floor of issue of affordability. utes to the Senator from California, the Senate today to wake up this Na- Mrs. BOXER. tion. Ms. MIKULSKI. Mr. President, I now Mrs. BOXER. I thank Senator MIKUL- The PRESIDING OFFICER. The Sen- yield 3 minutes to the Senator from SKI for her leadership. Everyone in ator’s time has expired. New Hampshire. America has a stake in health care re- Ms. MIKULSKI. Mr. President, I now The PRESIDING OFFICER. The Sen- form, even if they are happy with their yield 3 minutes to the Senator from ator from New Hampshire is recog- insurance at the moment. The main Louisiana. reason is that costs are exploding and Ms. LANDRIEU. Mr. President, I nized. health care insurance companies are thank our leader, the Senator from Mrs. SHAHEEN. Mr. President, I am walking away without any penalty. Maryland, BARBARA MIKULSKI, for orga- very pleased to join my women col- They come up with a reason, and then nizing this effort on the Senate floor leagues in the Senate today to talk we all are paying for those who have no this morning. I am pleased to join my about the importance of passing health

VerDate Nov 24 2008 03:39 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.006 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10264 CONGRESSIONAL RECORD — SENATE October 8, 2009 care reform for all the women in this The PRESIDING OFFICER. There is women’s health clinics that are an es- country, and I want to thank Senator 51⁄2 minutes remaining. sential point of care for millions across MIKULSKI for her leadership on this ORDER OF PROCEEDINGS this country. Their work is being po- issue. Ms. MIKULSKI. Mr. President, I ask liticized as part of this debate. Politi- Plainly and simply, the status quo is unanimous consent that morning busi- cizing health care delivery endangers not working. Today’s health system is ness be extended for another 15 min- young women, putting them at risk for simply not meeting the needs of utes. teen pregnancy, STDs, cervical, or women. For too many women and their The PRESIDING OFFICER. Is there breast cancer. Women’s health clinics families today, quality, affordable objection? provide critical services to women health care is out of their reach. Ms. MIKULSKI. I withhold that every day. It should surprise no one that women unanimous consent request. I ask In my own State, over 400,000 New and men have different health care unanimous consent for 15 minutes and Yorkers receive health care from needs. Despite this difference, it is un- that it be equally divided. I ask unani- Planned Parenthood each year. About acceptable that women are not treated mous consent that morning business on 50 percent are working adults whose fairly by the system and do not always our side be extended for 15 minutes and jobs do not include health benefits. Our receive the care they require and de- that 15 minutes also be added to the strategy for reform must protect these serve. In cases where women can find Republican side. critical services that clinics provide coverage that is affordable, often it is The PRESIDING OFFICER. Without and expand upon their success. woefully inadequate. objection, it is so ordered. The health care crisis is a life-and- A recent survey by the National Ms. MIKULSKI. Mr. President, I as- death issue for so many Americans— Women’s Law Center found that the sure my colleagues on the other side one that disproportionately affects vast majority of individual market that all time will be protected. I think women in this country. We must re- health insurance policies did not cover there is a little confusion. I have not form our broken health care system maternity care, and only a few insurers been briefed on the order. I can assure and disparities among race and gender sell a separate maternity rider. That everyone’s time agreement will be pro- and make quality, affordable health isn’t that surprising when you con- tected at the time they were assured care available for every single Amer- sider, as we have heard, that only 14 they could speak. ican. States require maternity coverage and I now yield 3 minutes to the Senator Ms. MIKULSKI. Mr. President, I now insurance companies are all about from New York. yield 4 minutes to the Senator from their bottom line. Defending the prac- The PRESIDING OFFICER. The Sen- Washington State. Mrs. MURRAY. Mr. President, I tice, one insurance spokesman called ator from New York. pregnancy ‘‘a matter of choice.’’ To Mrs. GILLIBRAND. Mr. President, I thank my colleague, Senator MIKULSKI, and all of the women who are out on make matters worse, many insurance rise today to speak in support of health the floor today to talk about this crit- companies consider C-sections a ‘‘pre- care reform on behalf of greater access ical issue because the rising cost of existing condition.’’ One insurer simply to health care for women. I am very rejects women who have had C-sec- health insurance is hurting women and grateful to Senator MIKULSKI for her it is hurting our country. tions. This is unbelievable. extraordinary leadership on this health What is most shocking to me is that For the millions of women across care debate. insurance companies can deny cov- this country who open the mail each There are few Americans who are not erage to a woman for having been a month to see their premiums rising hurt by the rising cost of health care. victim of domestic violence. Domestic dramatically, who cannot get preven- However, it is shocking to think that violence—something no woman plans tive care, such as mammograms, be- in today’s America, over half of this for or wishes upon herself or anyone cause the copays are too much or they country could be discriminated against else—can be used to deny insurance work part time or for a small business in one of their most basic life needs. coverage. Mr. President, this cannot be that does not provide insurance for Women must shoulder the worst of the allowed to continue. them and their families, who cannot Without a doubt, the current private health care crisis, including outrageous get covered for prenatal care or who health insurance framework leaves too discriminatory practices in care and are forced to stay in an abusive rela- many women uncovered. For those who coverage. tionship because if they leave, their are covered, care often falls short. It is According to the data compiled by sick kids will lose their health care time to end the insurance discrimina- the National Women’s Law Center, coverage, we are their voice. tion that women face. I am pleased under the current system, a 25-year-old I remember a similar debate such as that both Senate bills which have come woman pays up to 45 percent more for this on this floor almost 16 years ago. out of committee ban discrimination the same or identical coverage. Senators in this Chamber were debat- based on preexisting conditions, and I Some of the most essential services ing legislation that would allow 35 mil- also applaud the Finance and the required by women are not covered by lion Americans to stay home to take HELP Committees for putting an end many insurance plans, such as childcare of a newborn or sick child, a par- to gender discrimination in pricing in- bearing, Pap smears, or mammograms. ent or spouse, without fear of losing surance and ensuring that women and As a mother of two young children, I their jobs. I came to the floor then and men pay the same price for the same cannot imagine how awful it would be I told the story about a woman I knew coverage. for a woman who does not have these whose child was sick at the time and We must come together to pass com- basic needs covered. That is exactly who was not allowed to take time off prehensive health reform to help all what millions of women and young from work to care for him as he was the women of our Nation who are fac- mothers face because of the costs of dying because she would lose her in- ing high insurance costs just because childbirth. come and the health insurance that they are women. I applaud the women A standard in-hospital delivery costs covered him. on the HELP and the Finance Commit- between $5,000 and $10,000 and much At the time, as a new Member of the tees for the work they have done and more if there are complications. In the Senate, I spoke passionately about reiterate that any legislation we concurrent system, pregnant women can that. I told the story. As I was walking sider must level the playing field and be turned down for health care cov- off the floor, one of our colleagues make health care accessible and afford- erage because insurance companies came up to me and said: You know, able for all. would rather evade those costs. Preg- here in the Senate, we don’t tell per- The PRESIDING OFFICER. The Sen- nancy should never be a preexisting sonal stories. I remember well what I ator’s time has expired. condition. Such discrimination is unac- said to him: I came here to tell the sto- Mrs. SHAHEEN. I thank the Chair, ceptable and is contrary to our core ries of the people I represent. They de- and I yield the floor. American values of equality and equal serve a voice in the Senate. Ms. MIKULSKI. Mr. President, how rights. Those stories impacted that debate, much time is remaining in morning As we address the inadequacies of our and we passed the family and medical business? current system, we must safeguard the leave law.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.007 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10265 I am back today to tell the story of do pay our premiums. A 25-year-old ovarian cancer, and cervical cancer. We a woman whose child was sick. I want woman is charged more than a 25-year- are fighting to make sure that access is to tell every one about the story of this old man of equal or similar health sta- provided for these important little boy, Marcelas Owens. I met him tus. And at age 40, it is often up to al- screenings and there are no barriers for at a health care rally in Seattle. He most 50 percent. And when we do pay payment. was 10 years old and his two sisters our benefits, when we are able to cross In a nutshell, we, the women of the who we see in this picture as well have that barrier of getting health insur- Senate, have fought for equal pay for been through a lot. Two years ago their ance, we get less coverage because in- equal work. Now we are fighting for mother Tifanny, who is not in this pic- surance companies have certain puni- equal benefits for equal premiums. We ture—that is his grandmother—lost her tive practices. hope that when the insurance debate life because she was uninsured, 27 years No. 1, we are often denied coverage comes to the Senate, we will be able to old. because of something called a pre- elaborate. But today, we wanted to How did that happen? Tifanny was a existing condition. These preexisting say: Let’s get rid of the mob scene that single mom who felt strongly about conditions are not catastrophic. We is going around the debate on health working to support her family. She hear horror story after horror story care. Let’s focus on the important worked as an assistant manager at a that a woman who has had a baby by a human needs. fast food restaurant. She had health C section which was medically man- I now conclude my remarks, and I be- care coverage for her family. But in dated is then denied subsequent cov- lieve this concludes morning business. September of 2006, she got sick and erage because she had that. We have I yield the floor. missed some work. Her employer gave heard horror story after horror story in f some States that victims of domestic her an ultimatum: Make up the lost CONCLUSION OF MORNING violence are denied health insurance time or lose your job. Because she was BUSINESS so sick, she physically could not make because they have been battered by a up the time, and she did lose her job. spouse and then they are battered by The PRESIDING OFFICER. Morning When she lost her job, she lost her the insurance company. business is closed. health insurance. Without the coverage This has to change. Coverage for f and care she needed, in June of 2007, women is often skimpy and spartan. I COMMERCE, JUSTICE, SCIENCE, Tifanny lost her life, and Marcelas and think people would find it shocking, AND RELATED AGENCIES APPRO- his sisters lost their mom. good men would find it shocking that PRIATIONS ACT, 2010 Our health care system is broken. It maternity care is often denied as a The PRESIDING OFFICER. Under is broken for moms such as Tifanny basic coverage or we have to pay more the previous order, the Senate will re- who work to provide for their families to get coverage for maternity care. sume consideration of H.R. 2847, which and do the right thing, and for men Often on basic preventive care, such as the clerk will report. who lose their health care in this mar- mammograms and cervical screenings, The legislative clerk read as follows: ket we have today. It is broken for we have to pay significant copays in women we have heard about who have A bill (H.R. 2847) making appropriations order to get them. for the Departments of Commerce and Jus- been denied coverage or charged more So we the women are fighting for tice, and Science, and Related Agencies for for preexisting conditions such as preg- health care reform. We have very basic the fiscal year ending September 30, 2010, and nancy or C sections or, tragically, do- things we support. No. 1, we want to for other purposes. mestic violence. It is broken for their make sure that Medicare is strength- Pending: families and for little boys such as ened and saved. We know that Medi- Vitter/Bennett amendment No. 2644, to Marcelas who will never get back what care is a woman’s issue and a family provide that none of the funds made avail- he lost. issue not only because there are more able in this act may be used for collection of Enough is enough. The time is now. women on Medicare than there are census data that does not include a question The status quo that is being defended men, but we know that with Medicare, regarding status of United States citizen- by the other side is not working. For often without it or if it is curtailed or ship. women across this country, for their shrunk, it would mean disaster. Johanns amendment No. 2393, prohibiting Mr. President, you see that I am the use of funds to fund the Association of families, for our businesses, for our Na- Community Organizations for Reform Now. tion’s future strength that as mothers speaking from a wheelchair. It is be- Bunning amendment No. 2653, to require we care about so much, we have to get cause I had a fall coming out of 4 that all legislative matters be available and this right. We have to remember these o’clock mass a couple of weeks ago. fully scored by CBO 72 hours before consider- stories. We need to be their voice. That When going through the ER, the OR, ation by any subcommittee or committee of is why we are here today and why we the rehab room, if I did not have Medi- the Senate or on the floor of the Senate. are going to keep fighting to make sure care and my health care benefit, I Levin/Coburn amendment No. 2627, to ensure adequate resources for resolving thou- that we reform the health care insur- would be bankrupt today. sands of offshore tax cases involving hidden ance system in this country finally and If health care is good enough for a accounts at offshore financial institutions. do it right. U.S. Senator, it is good enough to Durbin modified amendment No. 2647, to Mr. President, I yield the floor. make sure we have health care for U.S. require the Comptroller General to review Ms. MIKULSKI. Mr. President, as we citizens. So we want to save Medicare. and audit Federal funds received by ACORN. wrap up our discussion on health insur- We also want to close that doughnut The PRESIDING OFFICER. The Sen- ance reform, I want to say as the sen- hole. The doughnut hole for prescrip- ator from Arizona. ior Democratic woman that I am very tion drugs has been very difficult to AMENDMENT NO. 2626 proud of my colleagues today and how swallow. It is time to change that. We Mr. MCCAIN. Mr. President, I send they have spoken up about the terrible want to end the punitive insurance amendment No. 2626 to the desk, and I practices of the insurance companies practices of discriminating on the basis ask for its immediate consideration or, discriminating against women. of gender—so whether you have had a C if necessary, set aside the pending busi- What you heard loudly and clearly section or whether you need mental ness and call up amendment No. 2626. today is that health care is a women’s health benefits after you have been The PRESIDING OFFICER. Is there issue, health care reform is a must-do raped, you can get your coverage. objection to the pending amendment women’s issue, and health insurance Later on this weekend, there will be being set aside? reform is a must-change women’s issue many in my State who will be ‘‘Racing Without objection, it is so ordered. because what we demonstrated is that for the Cure.’’ I think it is great that The clerk will report the amendment. when it comes to health insurance, we we are looking for a cure for breast The legislative clerk read as follows: women pay more and get less. cancer, and we salute the Komen Foun- The Senator from Arizona [Mr. MCCAIN] We stand today on the Senate floor dation. But we not only want to do the proposes an amendment numbered 2626. to say we want equal access and equal research to find the cure, we want to Mr. MCCAIN. Mr. President, I ask benefits for equal premiums. We make sure women have access to the unanimous consent that the reading of women pay more and get less when we preventive screening for breast cancer, the amendment be dispensed with.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.008 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10266 CONGRESSIONAL RECORD — SENATE October 8, 2009 The PRESIDING OFFICER. Without ter for Responsive Politics report, with Mur- the Cabinet’s first meeting, he directed agen- objection, it is so ordered. tha receiving the most. Since 1998, workers cy heads to identify at least $100 million in The amendment is as follows: at those firms and their family members pro- administrative savings. vided $2.4 million to Murtha—who helped in- Then it says: (Purpose: To eliminate funding for Public sert more than $100 million in defense-re- This volume is the first report of that ef- Telecommunications Facilities, Planning lated earmarks into 2008 appropriations bills. fort. In it, the Administration identifies pro- and Construction) Visclosky was second, collecting $1.4 million, grams that do not accomplish the goals set On page 111, strike lines 4 through 15. and Rep. James P. Moran, Jr. (D–Va.) was for them, do not do so efficiently, or do a job next, with $997,000. Mr. MCCAIN. Mr. President, I come already done by another initiative—and rec- to the floor with an amendment that Mr. MCCAIN. Mr. President, I quote ommends these programs for either termi- would eliminate another unneeded and from the beginning of it, something nation or reduction. unwanted earmark which is suggested that is well known but continues to be We are talking about the administra- by the President of the United States. authenticated about the corruption of tion speaking. We have identified 121 Before I go into that, I ask unani- the process that we go through in ap- terminations, reductions, and other mous consent to have printed in the propriations. It says, ‘‘Ex-Staffers Win- areas of savings that will save approxi- RECORD an article from this morning’s ning Defense Panel Pork, Study mately $17 billion next year alone. Washington Post entitled ‘‘Ex-Staffers Finds.’’ It goes on to describe what they are: Winning Defense Panel Pork, Study In the coming year’s military spending Half of these savings for the next fiscal Finds.’’ bill, members of a House panel continue to year come from defense programs and half There being no objection, the mate- steer lucrative defense contracts to compa- come from non-defense. No matter their size, rial was ordered to be printed in the nies represented by their former staffers, these cuts and reductions are all important RECORD, as follows: who in turn steer generous campaign dona- to setting the right priorities with our tions to those lawmakers, a new analysis has spending, getting our budget deficit under EX-STAFFERS WINNING DEFENSE PANEL PORK, found. control, and creating a Government that is STUDY FINDS as efficient and it is effective. (By Carol D. Leonnig) Not an astonishing finding but, again, authenticating of the corruption As I said at the beginning of my re- In the coming year’s military spending marks, this will be the sixth amend- bill, members of a House panel continue to that goes on around here and the rea- steer lucrative defense contracts to compa- son Americans are fed up. ment I have offered to support the nies represented by their former staffers, The Center for Public Integrity found that President’s request for reduction or who in turn steer generous campaign dona- 10 of the 16 members of the House sub- termination of unneeded or unwanted tions to those lawmakers, a new analysis has committee on defense appropriations ob- programs. I am confident this will be found. tained 30 earmarks in the bill worth $103 mil- the sixth time that the appropriators The Center for Public Integrity found that lion for contractors currently or recently on both sides of the aisle will vote 10 of the 16 members of the House sub- employing former staffers who have become down the President’s request—not my committee on defense appropriations ob- lobbyists. The analysis by the Washington tained 30 earmarks in the bill worth $103 mil- watchdog group found that earmarks still request, not my assumption, but that lion for contractors currently or recently often hinge on a web of connections, despite of the President of the United States employing former staffers who have become at least three criminal investigations of the and the Office of Management and lobbyists. The analysis by the Washington practice that became public in the past year. Budget. Watchdog group found that earmarks still Mr. President, I bring forward an- By the way, had the Senate agreed often hinge on a web of connections, despite other amendment—this will be my with my amendments—which they did at least three criminal investigations of the sixth—to eliminate a program and the not—and supported the call of the practice that became public in the past year. appropriations for it that the President President to end programs that do not Those probes focus on a handful of defense accomplish the goals set for them, we contractors and a powerful lobbying firm of the United States has asked for. I that together won hundreds of millions of often quote from this document. This would have saved the taxpayers $87 dollars in work from the House panel and are will be the sixth one. This document is million. In this day and age with closely tied to its chairman, Rep. John P. entitled, ‘‘Terminations, Reductions multitrillion-dollar deficits, $87 million Murtha (D–Pa.). and Savings, Budget of the U.S. Gov- is not a lot around this town, but it On Tuesday, the Senate approved a $636 ernment, Fiscal Year 2010.’’ certainly is back in my home State of billion military spending bill for fiscal year Again, I would like to read from the Arizona. 2010; the House approved its version in July. introduction. This comes from the ad- What this amendment does, and I House and Senate members now will work in quote again from the President’s docu- conference to resolve differences between ministration. It says: their two bills. The President’s 2010 Budget seeks to usher ment, and I will read from it: The Center for Public Integrity’s analysis in a new era of responsibility—an era in The Budget supports public broadcasting found some shifts in earmarking patterns which we not only do what we must to save through increased appropriations to the Cor- since its similar analysis of the 2008 defense and create new jobs and lift our economy out poration for Public Broadcasting and elimi- bill. First, Rep. Peter J. Visclosky (D–Ind.), of recession, but in which we also lay a new nates the unnecessary Public Telecommuni- whose office records were subpoenaed by fed- foundation for long-term growth and pros- cations Facilities Grant Program. eral prosecutors in May, has markedly re- perity. Making long overdue investments Let me make it clear. The adminis- duced his earmark requests and sought no and reforms in education so that every child tration is supporting increases in pub- work for private companies. Also, defense ap- can compete. . . . lic broadcasting but is trying to elimi- propriators are generally steering more ear- It goes on and on. In the next para- nate the unnecessary Public Tele- marks to nonprofits. graph: The Washington Post has documented communications Facilities Grant Pro- more than $400 million in defense earmarks Another central pillar of a sound economic gram in the Department of Commerce. that Murtha has directed in the past decade foundation is restoring fiscal discipline. The PTFP funding equals less than 4 percent of to research groups in his district, including administration came into office facing a the Corporation for Public Broadcasting the Penn State Electro-Optics Center and budget deficit of $1.3 trillion for this year funding and has in recent years supported the John P. Murtha Institute for Homeland alone— the transition to digital television broad- Security, which steered much of the funds to By the way, I think that is up to $1.4 casts which will be completed in fiscal year private contractors. trillion now— 2009. Since last fall, federal investigators have and the cost of confronting the recession and The administration goes on to say: been probing the PMA Group, a now-shut- financial crisis has been high. While these Since 2000, most [of these] awards have tered lobbying firm whose clients had un- are extraordinary times that have demanded supported public television station’s conver- usual success in winning earmarks from extraordinary responses, we cannot put our sion to digital broadcasting. Digital broad- Murtha’s subcommittee. Founder Paul Nation on a course for long-term growth casting facilities mandated by the Federal Magliocchetti is a close friend of Murtha’s with uncontrollable deficits and debt. Communications Commission will be com- and worked as a defense appropriations staff- pleted in fiscal year 2009, and there is no fur- er when Murtha was a rank-and-file member It goes on to talk about the problems ther need for this program. of the committee. we face. PMA and its clients had been big donors to [T]he President has announced a procure- Again, it goes on to say: Murtha and his fellow subcommittee mem- ment reform effort that will greatly reduce The Administration proposes to support bers in the past decade, according to a Cen- no-bid contracts and save $40 billion, and at public broadcasters through CPB, and the

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.009 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10267 Budget includes $61 million for the Corpora- There appears to be a sufficient sec- technology program is no longer need- tion for Public Broadcasting in 2010, which is ond. The yeas and nays are ordered. ed because all radio, public radio and in addition to the $420 million enacted ad- Mr. MCCAIN. Mr. President, I yield TV stations are already going from vance appropriation, for total proposed 2010 the floor. analog to digital, so we do not need it. resources of $481 million, nearly $20 million Ms. MIKULSKI. I suggest the absence above 2009. The Budget also includes an ad- This argument is flawed for two rea- of a quorum. sons. First, digital conversion has vance appropriation request for the Corpora- The PRESIDING OFFICER. The tion for Public Broadcasting in 2012 of $440 never been nor ever will be the sole million to support public broadcasters. The clerk will call the roll. purpose of the Public Telecommuni- Corporation for Public Broadcasting funds The assistant legislative clerk pro- cations Facilities Program. The Public can support the same types of capital ceeded to call the roll. Telecommunications Facilities Pro- projects as PTFP funding as well as stations’ Ms. MIKULSKI. Mr. President, I ask gram was intended to help public radio unanimous consent the order for the operating and programming costs. . . . and TV upgrade their infrastructure The National Telecommunications and In- quorum call be rescinded. and buy new equipment. Digital con- formation Administration, the Commerce The PRESIDING OFFICER. Without Department bureau that has administered objection, it is so ordered. version equipment is eligible, but that this program, was provided $4.7 billion in the Ms. MIKULSKI. Mr. President, I is not all. American Recovery and Reinvestment Act to strongly oppose the amendment of the I am saying this because not only do implement the new Broadband Technology Senator from Arizona to strike the we provide public TV. It is great to Opportunities Program. Terminating this have the Corporation for Public Broad- program will enable the NTIA to focus its ef- funding in the bill for the Department of Commerce Public Telecommuni- casting. That is about content. About forts on BTOP, [the Broadband Technology content. But you need to have an infra- Opportunities Program] a major challenge cations Facilities. His amendment for this small Commerce Department bu- would eliminate from the bill $20 mil- structure to deliver the content. In reau, and one which will aid the nation’s eco- lion. That $20 million goes for competi- many of our communities, the infra- nomic recovery and help promote long-term tive grants for public radio and TV sta- structure is worn. It is dated. It is 20, competitiveness. tions around the Nation to upgrade 22 years old. So they are looking to re- These are not my words. These are their infrastructure and technology. place it. Guess what. When they do re- the words of the President of the His amendment would terminate the place it, it creates jobs, jobs, jobs in United States. We are talking about $20 grant program in fiscal year 2010. those local communities. It takes tal- million savings by eliminating this He argues that President Obama’s ented men and women to put that an- program. budget proposed to eliminate the pro- tenna or that tower up, to install that One of the arguments we are going to gram, so Congress should too. We are a very important new digital equipment. hear, and one of the great sacred cows separate and coequal branch of govern- For $20 million, we can broadcast to around here, is the Corporation for ment. In this case, the CJS Committee people, we can broadcast quality, and Public Broadcasting. This does not af- respectfully disagrees with the Presi- we have people going to work putting fect the increase in funds for public dent’s budget. We know our President up and replacing dated equipment. Last broadcasting. It simply terminates a inherited a terrible mess. We know the year this program received almost $50 program that the President of the previous administration ran up debts million in applications but had only $20 United States believes is not necessary and deficits and now, as we try to clean million to award. This funding is im- because its mission has been com- it out, our President is looking for portant in rural and underserved areas. pleted. modest cuts to the budget. But here, Last year, the technology program I imagine we will lose again with ap- with public telecommunications facili- received 57 applications from Native propriators on both sides of the aisle ties, this is exactly what we need dur- American communities alone. The voting not to eliminate a program— ing these troubled economic times to President and the Senator from Ari- again, the sixth amendment I have had provide access to quality TV to ordi- zona argue it is not needed because the trying to implement the recommenda- nary people who might not be able to Corporation for Public Broadcasting tions of the President of the United afford cable TV, satellite TV, or dish will pick up the slack. I will repeat: I States and the Office of Management TV. love Orszag, but maybe he did not read and Budget, and while we are staring I am ready to dish on the McCain the fine print, which is the Corporation at a $1.4 trillion deficit for this year amendment. We need jobs in this coun- is for ongoing operations and program- and a $9 trillion debt for the next 10 try, and we need to let people know ming. It does not provide funding for years. Those estimates have been com- their government is on their side and new infrastructure. pletely underestimated. that they can have access to public tel- It is about infrastructure; just like I tell the managers, the American evision—public television. we want to have money to build our people are mad. They are very angry. Sure it is a public option. We like the highways, we need to have super- There is going to be another tea party public option on TV. information highways. This helps the in my home State this weekend. You But we know for our local stations, public facilities be able to do it. The know we are mad because we are steal- where donations are down and their local communities depend on the Com- ing their children’s money; 43 cents out revenues starved, you cannot put up merce Department to do this. of every dollar we are spending today is the necessary antenna and other tech- The program has built the Public on borrowed money. Who is going to nology by doing it on bake sales and di- Broadcasting System. It ensures that pay it back? They know they are. They aling for dollars. They need help from the American public has access across know our kids and grandkids are. We their government. This is what this the Nation. This is not Senator MIKUL- cannot even eliminate a program or does: A modest $20 million that will SKI talking because she is the chair of programs the President of the United help replace equipment such as anten- the CJS and she wants to hold onto States requests that we terminate. nas, power, and telephone hookups, every program. I got a letter, as did my There will come, and it will come fair- generators and other kinds of things. ranking member, from 21 Members of ly soon, a day of reckoning. It will improve technology to keep up the Senate, including the chairman of The reason I added this article from with changing requirements. Grants the Commerce Committee, asking us to the Washington Post this morning is are competitive. There are no put $44 million into the Appropriations because, I say to my friends and col- porkbarrel projects in this, no ear- Committee to fund this. We could only leagues, there is corruption, and there marks. The grants are competitive. afford to do $20 million, the same as is corruption in the earmarking and The Commerce Department selects last year. porkbarrel process that goes on. The what are the ones that meet the com- Why? Let me read from their letter: American people are tired of it. I urge pelling needs in communities. By the For some four decades, PTFP has my colleagues to adopt the amend- way, the local community has to pro- served as a critical infrastructure pro- ment. vide 25 percent of local cost share so it gram for building public broadcasting I ask for the yeas and nays. is not a free ride. systems of radio and TV stations that The PRESIDING OFFICER. Is there a The President’s budget and the reach 95 percent of the American peo- sufficient second. amendment sponsor argue that this ple.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.016 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10268 CONGRESSIONAL RECORD — SENATE October 8, 2009 What does this do? It maintains in- There are other things we can zap. What does that mean? What CBO is frastructure for transmitters, trans- Let’s not zap public TV and public saying is in the first 10 years, the Fi- lators for the deaf, power, and anten- radio. nance Committee plan would reduce nas. I yield the floor and suggest the ab- the deficit by $81 billion. In the second It has been drastically underfunded sence of a quorum. decade, they are saying it would reduce in the past several years since suffering The PRESIDING OFFICER. The the deficit by one-quarter to one-half an 18-percent cut in 2002 and 2003. Over clerk will call the roll. percent of gross domestic product. the years, PTFP has foregone $270 mil- The assistant legislative clerk pro- Gross domestic product over that dec- lion in Federal funds over the author- ceeded to call the roll. ade, the second decade, is estimated to ized level during the last 8 years. Ms. MIKULSKI. I ask unanimous be cumulatively $260 trillion. That I am not going to sound like an ac- consent that the order for the quorum would be the gross domestic product of countant here. I want to sound like I call be rescinded. the United States from 2020 on through have accountability to my commu- The PRESIDING OFFICER. Without the next 10 years. One-quarter percent nities. I want them to have access to objection, it is so ordered. of $260 trillion is $650 billion of deficit Ms. MIKULSKI. Mr. President, I ask public TV and public radio and the reduction in the second 10-year period. unanimous consent that at 12:15 p.m. technology to transmit it. ‘‘PTFP’s That would be one-quarter of 1 percent today the Senate proceed to vote in re- preservation role has always been most of GDP. One-half percent of GDP over lation to the McCain amendment No. that second 10-year period would be $1.3 important,’’ says the letter from the 20 2626; with no amendment in order to Senators, ‘‘because it is the only trillion. the amendment prior to the vote; fur- Just to be clear, CBO has told us in source of Federal emergency funds for ther that prior to the vote, there be 2 public radio and television in the event their report of yesterday—and the Con- minutes of debate equally divided and gressional Budget Office is the non- of an emergency.’’ controlled in the usual form. After Katrina and Rita, several sta- partisan scorekeeper, the one we all The PRESIDING OFFICER. Without look to for objective facts—that the Fi- tions in the gulf region were awarded objection, it is so ordered. these emergency grants so they could nance Committee proposal reduces the HEALTH CARE deficit by $81 billion over the next 10 start rebroadcasting. Without those The PRESIDING OFFICER. The Sen- years and in the second 10 years would funds, many communities would have ator from North Dakota. reduce the deficit by one-quarter to been vulnerable to the compounded ef- Mr. CONRAD. Mr. President, I have one-half percent of gross domestic fects of losing local news and the kinds come to the floor very briefly to talk product. No one can be certain what of programs they needed as they were about the Congressional Budget Of- the gross domestic product will be in struggling to rebuild. fice’s score of the health care reform the second 10 years. Current projec- On average, according to the letter proposal that is before the Senate Fi- tions are that it will be $260 trillion. So from my 21 colleagues, including the nance Committee. one-quarter to one-half percent of that chairman of the Commerce Committee, I understand that earlier today there second decade would be a reduction in stations leverage these PTF funds by were members on the other side who the deficit from what would otherwise an additional 50 percent. So this is a were questioning whether the Finance occur of $650 billion to $1.3 trillion, Federal-local partnership. Committee’s proposal is paid for and bending the cost curve in the right PTF funding is about providing ac- whether it reduces the deficit and way. cess to quality TV. In my own commu- whether it bends the cost curve of I might add parenthetically, the Fi- nity, it has meant access to edu- health care in the right way. nance Committee plan is the only plan cational programs. It has meant a way Let me say that the Congressional that has been produced that the Con- to link up to community colleges and Budget Office has now issued their de- gressional Budget Office says reduces the way they have done distance learn- termination on all those issues. Their the deficit in the first 10 years and ing. Many of the early children’s pro- conclusions are very clear. The Con- bends the cost curve in the right way, grams, many of those early children’s gressional Budget Office has said—and has further deficit reduction, in the programs often help get children learn- I will put on the chart stand a page second 10 years. ing ready. Again, yes, that is about from their report. It shows very clear- I am a little disappointed when I hear content. But content cannot be deliv- ly, over the 10 years of the bill, from some of my colleagues coming to the ered without infrastructure. 2010 to 2019, that the deficit will be re- floor and suggesting that this really During several weeks this summer as duced by $81 billion if the Finance isn’t paid for. We have a way of deter- I lived in a rehabilitation facility get- Committee proposal were to become mining what scores are around here. ting physical therapy, many of my con- law. We can all make up our own facts or we stituents said: Well, is it not great to With respect to the question that ap- can rely on the Congressional Budget watch public TV? We can see what is parently has been raised by some, as to Office, which is the objective score- going on in the world. They loved the whether this bill is paid for, the Con- keeper, nonpartisan. I have great re- MacNeil/Lehrer show, even though it is gressional Budget Office has answered spect for them even though I have had not called that anymore, to get news clearly and unequivocally. They have strenuous disagreements with them at about what was going on in the coun- said the bill is not only paid for over times about how they score things. In- try. the 10 years, but it actually reduces deed, I had strong disagreements with They loved hearing public debate in a the deficit by $81 billion. them on how they scored some of these civil way, thrilled and enjoyed ‘‘Mys- Second, on the longer term question proposals. But there has to be an arbi- tery Theater,’’ and at the same time of bending the cost curve and whether trator here, somebody we look to, were excited that their grandchildren this proposal bends the cost curve in someone with credibility, and the Con- were able to get learning ready, either the right way, the Congressional Budg- gressional Budget Office does. at the preschool level or the work it et Office has also been clear and un- For Members to come to the floor was doing in the community college. equivocal. Here is what they said in and suggest this isn’t paid for flies in There are a lot of things government their report of October 7, just yester- the face of the facts before us from the does that is unpopular with people. But day: CBO. The Congressional Budget Office one of the things it does that is very In subsequent years, beyond 2019, the col- reported yesterday clearly and unpopular with the American people is lective effect of the Finance plan would equivocally that the Finance Com- public TV and public radio. We have to probably be continued reductions in Federal mittee plan is paid for; that it, in fact, maintain quality content. We have to budget deficits. reduces the deficit by $81 billion over maintain quality infrastructure. . . . CBO expects that the proposal, if en- the next 10 years; that it has further Because of that, I urge the defeat of acted, would reduce federal budget deficits over the ensuing decade relative to those deficit reduction in the second decade the McCain amendment eliminating $20 projected under current law—with a total ef- of one-quarter to one-half percent of million and essentially zapping those fect during that decade that is in the broad GDP. As I have said, in the second 10 much-needed antenna and monitoring range of between one-quarter and one-half years the forecast is that gross domes- and transmission facilities we need. percent of gross domestic product. tic product over that 10-year period

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.017 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10269 will approach $260 trillion. One-quarter The PRESIDING OFFICER. The tional over a 10-year period. These are to one-half percent of that amount clerk will call the roll. not my words. These are the Augustine would be $650 billion to $1.3 trillion of The assistant legislative clerk pro- Commission’s words. additional deficit reduction in the sec- ceeded to call the roll. Even though we face uncertain eco- ond decade. Those are the unvarnished Mr. NELSON of Florida. I ask unani- nomic times—certainly in a recession— facts. I hope that during the debate, mous consent that the order for the the challenge of finding that additional which will be tough enough, which will quorum call be rescinded. money is one we cannot afford to ig- be contentious enough, we will not re- The PRESIDING OFFICER. Without nore. sort to trying to mislead people as to objection, it is so ordered. I wish to add my voice to others from the objective facts before us. Mr. NELSON of Florida. Mr. Presi- this Chamber in asking the President It has been said by a previous Presi- dent, I wish to speak on behalf of those to divert $3 billion to NASA from the dent that facts are stubborn things. In- of us who are concerned about NASA unspent portion of the $787 billion in deed, they are. One of the stubborn and express my personal appreciation the economic stimulus recovery facts is, we are on a course that is ut- to the Senator from Maryland, chair- money. The stimulus bill—that we terly unsustainable with respect to man of the appropriations sub- passed by a one-vote margin back ear- health care. Today, we are spending $1 committee that handles NASA, for the lier this year—was to get this economy of every $6 in this economy on health tremendous work she has done in ap- moving again, to stimulate, to electric care. Seventeen percent of the gross propriating money to keep NASA shock therapy the economy back to life domestic product is going to health going. If I may, I want to go beyond by getting dollars out, turned over, and care. The CBO long-term budget out- the Senator’s appropriation. She has jobs created. look says that in the next period from taken the very difficult task of a budg- That is a very good source for this 2010 to 2050, we will go to spending 38 et that is quite lean, put out by the money, for NASA to be able to con- percent of our gross domestic product President, and has come up with the tinue on the road of what almost every on health care unless we do something. best she can come up with in trying to American wishes for—to continue to That would be more than $1 of every $3 sustain the Nation’s human space pro- explore the unknown. in this economy going to health care; gram with those resources. We have identified other possible rev- in fact, close to every $1 of every $2.50 What we know is, over the course of enue sources for future years. But no going to health care. That is an the last several years, the Office of matter how much we find by scraping unsustainable course. Management and Budget and the White the bottom of the barrel, it is still The question before this body and be- House have not given adequate re- going to come down to one thing: It is fore the Congress and before this Presi- sources to those of us in this Chamber going to be the President’s decision. dent will be, Do we act or do we stick who want a vigorous human space pro- If we remember, similar to President with the status quo? I suggest sticking gram. We simply, over the last several John Kennedy before him, a President with the status quo is utterly indefen- years, have not been able to get the re- has to decide and has to commit the re- sible. There is no way to suggest that sources we need for NASA to do every- sources. If this President will do it, it sticking with the status quo is going to thing it has been asked to do, with the will commit the space program that succeed for America’s families, busi- result that NASA is now at a cross- will keep America a global leader in nesses, or the government itself. roads. science and technology. The hard reality is, Medicare and I commend Senator MIKULSKI for her Why do I say that? Think of all the Medicaid spending as a percentage of work in how she has put together this effects of the spinoffs that came out of GDP is going up dramatically during budget. We find ourselves now with the the Apollo Program when President this forecast period. It has been hap- opportunity beyond this specific budg- Kennedy said: We are going to the pening. This chart shows clearly, be- et to strengthen and advance our lead- Moon and back, and that was within a tween 1980 and 2009, the share of our ership in the world or to stand by and 9-year period. gross domestic product going to Medi- allow what has become a hallmark of Currently, our space program is fund- care and Medicaid has been rising inex- U.S. leadership to slip by the wayside. ed at less than 1 percent of the total orably. We know that trend will con- Last month, the blue ribbon panel Federal budget. Yet our space program tinue unless we do something about it. the President appointed, called the Au- has always paid back dividends—both That means we have to act. That gustine Commission, released a sum- tangible and intangible—which is vast- means we have to take responsible mary of the findings from the final rely greater than the initial investment. steps to rein in the skyrocketing cost port on the Nation’s space program. The additional funding for NASA, I of health care. That is critically impor- That report has not come out in detail. have indicated, will ensure the United tant to families, businesses, and their We await its release. In part, what it States remains at the very top for the competitive position, and it is abso- says is, the U.S. human space flight peaceful use of technology for the bet- lutely essential to the Federal Govern- program that has made America a terment of humankind. Of singular im- ment. The trustees of Medicare have world leader in science and technology portance, this commitment will help us told us clearly: Medicare is going to go ‘‘appears to be on an unsustainable tra- to inspire the next generation of ex- broke in 8 years unless we act. The jectory.’’ plorers and the next generation of sci- Medicare trust fund has already gone Specifically, the report will say: entists and technologists and engineers cash-negative. The Social Security [O]ur space program is being asked to pur- and mathematicians and educators. It trust fund has already gone cash-nega- sue goals without the appropriately allo- is this payoff which is Apollo’s greatest tive. The time and the need for action cated resources. and lasting legacy. is about as clear as it can possibly be. So this country stands at a cross- We have a similar opportunity right I appreciate the opportunity to re- roads for NASA with a stark choice be- now in front of us. You think about spond to what some colleagues sug- fore us: We can continue on the path that generation of kids who got in- gested this morning. It is clear—the we are on—underfunding and under- spired when President Kennedy said we Congressional Budget Office has told allocating our space program—or we were going to do what was almost us—that the Finance Committee pro- can choose to act. We can choose to act thought to be the impossible and how posal is not only paid for, it actually by ensuring that the appropriate re- many of those kids went into math and reduces the deficit both over the next sources are allocated to meet the goals science and technology and engineer- 10 years and over the next decade after laid out before us. ing. Look what that generation that 10-year period as well. That is a The Augustine Commission was brought to us in the global market- significant accomplishment by the Fi- abundantly clear. It said that—while place. nance Committee chairman who laid the current path we are on is The Augustine Commission notes down this mark. We will see where the unsustainable—‘‘meaningful human ex- that the time may finally be upon us votes lie on Tuesday. ploration is possible under a less con- when commercial space companies can I yield the floor and suggest the ab- strained budget’’ with an additional $3 begin to carry some of the burden of sence of a quorum. billion a year. That is $30 billion addi- the access to low-Earth orbit. Many of

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.018 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10270 CONGRESSIONAL RECORD — SENATE October 8, 2009 these companies are already developing successfully plow a rocket into the sur- year until we pass meaningful health capabilities to give us a commercial re- face of the Moon to help determine care reform. supply of the International Space Sta- conclusively whether large quantities Some of my colleagues think we are tion. Are they going to be successful? of water can be found just beneath the moving too fast, and they say we We certainly hope so. Are they going to lunar surface. Imagine, this mission should wait. I say the American people be timely? We do not know. These com- may reveal new knowledge about a have been waiting long enough. We mercial ventures are already behind source of water for astronauts in the must not wait another moment. the timeline. We certainly hope they future and fuel for their rockets to ex- A public option would restore choice are going to be timely. plore the cosmos. and accountability to the insurance This ability, according to the Augus- A suitably funded space program is market. It would help bring down costs tine Commission, is critical to ensur- the best catalyzing element to gather and make quality care affordable for ing our ability to operate the station and organize the energies and abilities every single American. beyond 2016. Almost everybody unani- of this Nation. In return, this program If you cannot afford private insur- mously agrees we should be planning to will pay many dividends, perhaps the ance under the current system, you keep the International Space Station, most important of which is to inspire, will have the opportunity to buy a low- of which we are still continuing to encourage, and motivate the next gen- cost public plan or a private plan that complete its construction and equip- eration of Americans. is guaranteed to be affordable based on ping, to keep that going at least until I ask my colleagues to join me in your income level. 2020 and to maximize the return of supporting Senator MIKULSKI on her If you have private insurance but it what has become a substantial $100 bil- appropriations bill but then to join me is too expensive or they do not treat lion investment. in supporting increased funding for you right, you will have the oppor- Those commercial endeavors serve NASA and this Nation’s space program. tunity to switch to an affordable and another function. They also create new You can tell I am quite intense about high-quality public plan. No American industries and, with that, new jobs for this subject. I have had the privilege of has ever experienced such freedom of Americans. But we are still going to being a beneficiary of our Nation’s choice when it comes to health cov- have to have the question of: What is space program. I have seen us achieve erage. That is because consolidation in NASA’s new mission, new architec- extraordinary things. It is a part of our the insurance market has left a few ture? How are we going to fund it? character as a people. We are, by na- corporations with control of the whole What are we going to do with the work- ture, as Americans, explorers and ad- industry. In Illinois, two companies force in the meantime that is going to venturers, and I do not want us to ever dominate 96 percent of the market. have severe disruptions? give that up. That is why I make this They can charge excessively high pre- This is what the President of the plea to the Congress of the United miums, drop your coverage for any rea- United States is going to have to de- States and to the President of the son or no reason at all, and cap the cide as soon as the Augustine Commis- United States for NASA’s funding. amount they will spend on treatment sion report is final and is published. Mr. President, I yield the floor. in any given year. That is why their The International Space Station has The PRESIDING OFFICER. The Sen- profits are breaking records and grow- proven to us that many nations can ator from Illinois. ing four times faster than wages, while work together on enormous endeavors Mr. BURRIS. Mr. President, I ask the rest of us suffer the effects of a ter- in a peaceful fashion. The station—just unanimous consent to speak as in rible recession. now being completed—is at its dawn, morning business. But we can rein in these costs. If we and its many economic, scientific, and The PRESIDING OFFICER. Without pass insurance reforms that include a social payoffs from our investment are objection, it is so ordered. public option, these corporations would still to be realized. But the inter- HEALTH CARE REFORM have to compete for your business. Pre- national partnerships formed during Mr. BURRIS. Mr. President, many of miums would come down. No one would the design, the construction, and the my colleagues have taken to the floor be able to drop your coverage because ongoing operation of the station have in recent weeks to discuss the details of a preexisting condition. Companies proven something. It has proven that of health care reform and, in par- would not be able to drop you in the the world community looks to the ticular, the clear need for a public op- event of a catastrophic illness, and United States for leadership in space. tion. they would not be able to place a cap Many of the world’s nations are pa- We have heard from distinguished on the benefits you can receive during tiently waiting to see which direction Senators on both sides of the aisle. For your lifetime. Honesty and fair play our country chooses, which direction the most part, this has been a healthy would be restored to the system. this country chooses as a result of our debate. But it is a debate that has been I don’t understand how my col- President’s decision. At the same time, going on for almost a century. Over the leagues on the other side of the aisle these many nations are prepared to fol- years, the problem has grown. Care has can oppose such a plan. I don’t under- low the U.S. lead in the form of addi- become more and more expensive. stand how they can oppose competition tional commitments and resources in Today, $1 out of every $6 spent in this in the market, which I have always re- space. To turn our backs on space at country goes to pay for health care. In- garded as a quintessential American this moment would have negative ef- surance company profits are up. Health idea. Certainly there is nothing wrong fects that would reverberate around outcomes are down. After a century of with making a profit. Insurance com- the world. thoughtful debate, I believe the way panies play an important role in our It is interesting that last night Presi- forward is clear—very clear. The only system, and I support that role. But be- dent Obama hosted several young peo- way to achieve meaningful health care tween 2000 and 2007, the profits for the ple at the White House for a star-gaz- reform and bring costs down is through top 10 insurance companies grew at an ing party. Oh, that must have been a public option that creates real com- average of 428 percent. Let me repeat very exciting for those young people. petition in the system. that. Between 2000 and 2007, the profits They had the opportunity to view, in Let me be clear. I will not vote for of the top 10 insurance companies grew vivid detail, craters on the Moon, the any health care bill that does not in- by an average of 428 percent. This is rings of Saturn, the colors of the plan- clude a public option. That is because not only unreasonable, it is breaking et Jupiter, and the belt of the Milky the stakes are too high to settle for American businesses and families. Way. For many of those kids, it was anything less. Many analysts agree that health care the first time they ever even thought Every day, more people get sick and costs have contributed to the severity of viewing those things. die because they cannot get the quality of the current economic crisis, and it is The wonderment displayed by those care they need; 45,000 Americans died easy to see why. Competition and ap- children—and many of those adults last year because they did not have propriate regulations will rein in these there as well—proved, once again, that adequate coverage. That is one death excessive profits and put pressure on the space program inspires. If all goes every 12 minutes and 45,000 more will the companies to improve coverage or well, tomorrow morning America will die this year and next year and every risk losing customers.

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.021 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10271 Reform with a public option will re- would at least like to get a sense of the obviously chicken feed. But the Presi- store choice to the insurance industry. amendments colleagues wish to bring dent has requested that this $20 million Millions of Americans will be able to over today. Then when we get to the be cut. It is not needed. The program it get coverage for the very first time. Columbus Day weekend, we can work was funded for is complete. And far from driving companies out of to either come to an agreement to take I ask my colleagues to vote for the business, health reform will allow an them, or a way of disposing of them amendment. estimated 1 million to 3 million new when we come back from commemo- I yield the floor. customers to purchase coverage from rating when America was discovered by The PRESIDING OFFICER. The Sen- private insurers. It will enhance their Columbus. ator from Maryland is recognized. business. Again, I ask my colleagues to come Ms. MIKULSKI. Mr. President, as the Some of my colleagues have ex- forward and either offer amendments manager of the bill, I oppose the pressed concerns about the cost of a or file amendments. McCain amendment. This $20 million is public plan, but if they look at the way Mr. President, I note the absence of a competitive funding that helps local the program will function, they will quorum. public TV and radio stations with see there is no reason for concern. As The PRESIDING OFFICER (Mr. equipment, things such as antennas, in any business, a not-for-profit public BURRIS). The clerk will call the roll. generators, fire-suppression equipment, insurance option would require some The bill clerk proceeded to call the and transmission. It improves tech- initial capital to get it off the ground, roll. nology. It enables our very important but afterwards it would rely on the pre- The PRESIDING OFFICER. The Sen- public TV stations to modernize. miums it collects to remain self-suffi- ator from Alaska. This is a competitive grant pro- cient. The current system is a strain Mr. BEGICH. Mr. President, I ask gram—no earmarks but big footprints. on the American taxpayers. A public unanimous consent that the order for It does require local cost sharing of 25 option will not be. the quorum call be rescinded. percent. It also creates jobs in local There will be no government take- The PRESIDING OFFICER. Without communities by actually installing over. I will repeat that. There is no objection, it is so ordered. this equipment, while we move out the such thing as a government takeover. AMENDMENT NO. 2646 very wonderful content of public TV There will be no death panels, no ra- Mr. BEGICH. Mr. President, I ask and public radio. tioning, and no red tape between you unanimous consent that the pending We, too, are stewards of the purse. and your doctor. The public option amendment be set aside and I call up The Commerce Department—— would complement private insurance amendment No. 2646. Mr. MCCAIN. Mr. President, we have providers, not drive them out of busi- The PRESIDING OFFICER. Without to have the regular order at some time. ness. objection, it is so ordered. The PRESIDING OFFICER. The Sen- It is time to take decisive action. The clerk will report. ator’s time has expired. This Senate has been debating health The bill clerk read as follows: Ms. MIKULSKI. Mr. President, I do care reform for almost a century, while The Senator from Alaska [Mr. BEGICH], for like to know that. I like to follow the outside this Chamber ordinary Ameri- himself and Ms. MURKOWSKI, proposes an regular order. If the Chair would have cans suffer more and more under a bro- amendment numbered 2646. notified me, I would have stopped soon- ken system. I believe we have been Mr. BEGICH. Mr. President, I ask er. talking about it enough. Our way for- unanimous consent that the reading of I call for the vote. ward is clear. Now is the time for us to the amendment be dispensed with. The PRESIDING OFFICER. The act. That is why I will not compromise The PRESIDING OFFICER. Without question is on agreeing to the amend- on the public option. objection, it is so ordered. ment. I urge my colleagues to join with me The amendment is as follows: The clerk will call the roll. to stand on the side of the American (Purpose: To allow tribes located inside of The legislative clerk called the roll. people and demand nothing less than certain boroughs in Alaska to receive Fed- Mr. DURBIN. I announce that the the real reform a public option would eral funds for their activities) Senator from West Virginia (Mr. BYRD) provide. We must not wait another mo- At the appropriate place, insert the fol- and the Senator from Massachusetts ment. lowing: (Mr. KERRY) are necessarily absent. Mr. President, I thank you, and I SEC. ll. Section 112(a)(1) of the Consoli- dated Appropriations Act, 2004 (Public Law Mr. KYL. The following Senator is yield the floor. necessarily absent: the Senator from The PRESIDING OFFICER. The Sen- 108–199; 118 Stat. 62) is repealed. Ohio (Mr. VOINOVICH). ator from Maryland. Mr. BEGICH. Mr. President, at a Ms. MIKULSKI. Mr. President, we later time I will have a floor state- The PRESIDING OFFICER. Are there will shortly be voting on the McCain ment. any other Senators in the Chamber de- amendment. We look forward to clos- Mr. President, I note the absence of a siring to vote? ing that debate. But before we do, I quorum. The result was announced—yeas 33, wish to comment that we are going to The PRESIDING OFFICER. The nays 64, as follows: dispose of as many amendments as we clerk will call the roll. [Rollcall Vote No. 317 Leg.] can today and we are also going to ar- The bill clerk proceeded to call the YEAS—33 rive at a finite list of amendments. So roll. Alexander Crapo Johanns for those Senators who do have amend- Mr. MCCAIN. Mr. President, I ask Barrasso DeMint Kyl unanimous consent that the order for Bayh Ensign LeMieux ments on both sides of the aisle, Sen- Bennett Enzi Lugar ator SHELBY and I ask our colleagues the quorum call be rescinded. Brownback Graham McCain to come and offer them so we can dis- The PRESIDING OFFICER. Without Bunning Grassley McConnell pose of them, as we did with the Sen- objection, it is so ordered. Chambliss Gregg Risch Coburn Hatch Roberts ator from Arizona. He offered his AMENDMENT NO. 2626 Cochran Hutchison Sessions amendment, we had a good debate, and There will now be 2 minutes of de- Corker Inhofe Thune we are going to vote on it. So please, bate, equally divided, prior to a vote in Cornyn Isakson Wicker colleagues, if you have amendments, relationship to amendment No. 2626, of- NAYS—64 come to the Senate floor and offer fered by the Senator from Arizona, Mr. Akaka Cardin Gillibrand them. MCCAIN. Baucus Carper Hagan Second, if you have amendments that The Senator from Arizona is recog- Begich Casey Harkin Bennet Collins Inouye you wish to file, this is the day to file nized. Bingaman Conrad Johnson them. We are trying very hard to see if Mr. MCCAIN. Mr. President, this is Bond Dodd Kaufman we can finish today, but that seems to another attempt to agree with the Boxer Dorgan Kirk be a bit of an exuberant wish on my President’s request to cut some Brown Durbin Klobuchar Burr Feingold Kohl part and on the part of Senator SHEL- unneeded spending. This time, it is Burris Feinstein Landrieu BY. But if we can’t finish today, we only $20 million, which around here is Cantwell Franken Lautenberg

VerDate Nov 24 2008 01:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.022 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10272 CONGRESSIONAL RECORD — SENATE October 8, 2009 Leahy Nelson (FL) Stabenow The amendment is as follows: There being no objection, the mate- Levin Pryor Tester (Purpose: To provide additional funds for the rial was ordered to be printed in the Lieberman Reed Udall (CO) Lincoln Reid Udall (NM) State Criminal Alien Assistance Program RECORD, as follows: McCaskill Rockefeller Vitter by reducing corporate welfare programs) LAS VEGAS POLICE REFER 2,000 INMATES TO Menendez Sanders Warner At the appropriate place insert: IMMIGRATION OFFICIALS Merkley Schumer Webb STATE CRIMINAL ALIEN ASSISTANCE PROGRAM (By Antonio Planas and Lynnette Curtis) Mikulski Shaheen Whitehouse Murkowski Shelby For an additional amount for the State Wyden The Metropolitan Police Department for- Murray Snowe Criminal Alien Assistance Program warded the names of nearly 2,000 inmates to Nelson (NE) Specter $172,000,000 to remain available until ex- federal immigration officials during the first NOT VOTING—3 pended. 10 months of a controversial partnership OFFSET.—All amounts appropriated under Byrd Kerry Voinovich that allows specially trained corrections of- this Act, except for amounts appropriated ficers to start deportation proceedings The amendment (No. 2626) was re- for SCAAP, shall be reduced on a pro rata against immigration violators. jected. basis by the amount necessary to reduce the The agreement between the Police Depart- The PRESIDING OFFICER. The Sen- total amount appropriated under this Act, ment and U.S. Immigration and Customs En- ator from Maryland. except for amounts appropriated for SCAAP, forcement officially began Nov. 15 and is lim- under the heading ‘‘OFFICE OF JUSTICE PRO- ited to the Clark County Detention Center. AMENDMENT NO. 2653 GRAMS’’ under this title, by $172,000,000. Nearly 10,000 county jail inmates through Ms. MIKULSKI. Mr. President, unless Mr. ENSIGN. Mr. President, I rise Sept. 19 were identified as being born outside the distinguished Democratic leader is today to propose an amendment adding the country or their identities were in ques- ready to speak, I ask unanimous con- tion, said officer Jacinto Rivera, a Las Vegas $172 million for the State Criminal sent that the Bunning amendment, No. police spokesman. Alien Assistance Program and offset it 2653, be the pending business. Police sent the names of 1,849 inmates who with corporate welfare funding cur- The PRESIDING OFFICER. Without were determined to be in the country ille- rently in the bill. gally to ICE for possible deportation. objection, the amendment is the pend- The State Criminal Alien Assistance It’s unknown how many of those inmates ing. Program, known as SCAAP, provides were deported. ICE doesn’t track removals Ms. MIKULSKI. Mr. President, I also Federal payments to States and local- that way, the agency said Wednesday. Illegal make a point of order against the ities that incur correctional officer sal- immigrants referred to the agency by local amendment that it violates rule XVI, ary costs for incarcerating undocu- law enforcement become part of ICE’s larger paragraph 4—legislation on an appro- caseload. Those cases can drag on for months mented criminal aliens with at least or even years. priations bill. one felony or two misdemeanor convic- The PRESIDING OFFICER. The The Police Department’s partnership with tions for violations of State or local immigration officials has always been nar- point of order is sustained and the law and are incarcerated for at least rower in scope than that of Maricopa County amendment falls. four consecutive days during the rein Arizona and does not allow officers to ar- Ms. MIKULSKI. Thank you, Mr. porting period. rest people for immigration violations. Only President. This program also reimburses State, once an individual has been arrested on unre- The PRESIDING OFFICER. The Sen- county, parish, tribal, or other munic- lated charges can he or she be screened for ator from Kentucky. possible deportation. ipal governments for the costs associ- Sheriff Doug Gillespie has repeatedly in- Mr. BUNNING. Mr. President, I am ated with the prosecution of criminal very disappointed the majority has sisted the partnership is meant to target vio- cases declined by local U.S. Attorney’s lent criminals. chosen to block full consideration of Offices. In fact, police did not forward to immigra- my amendment. What I am trying to While we have made strides in secur- tion officials the names of an additional 1,808 accomplish is simply more trans- ing our border, illegal immigration re- inmates who also were identified as being in parency in the Senate. This would be mains a significant problem, and the the country illegally because those inmates accomplished by requiring a Congres- had no violent criminal history, Rivera said. Federal Government should bear the Overall, 62,803 people were booked into the sional Budget Office score and posting additional burden placed on States and of legislation 72 hours before consider- county jail between Nov. 15, 2008, and Sept. local governments. While this amend- 19, 2009. ation by committees or the full Senate. ment does not fix our problems with il- Hispanic and civil rights groups have As a recent poll has shown, 83 percent legal immigration, it does help local fiercely criticized ‘‘287 (g)’’ partnerships, of the American people support a wait- communities address costs associated named for the corresponding section of the ing period before Congress votes on with the incarceration of illegal immi- federal Immigration and Nationality Act, bills. My amendment would provide grants who continually and repeatedly saying they target Hispanics and could lead this to the American people. I think it to racial profiling and make people afraid to violate the laws of our country. report crimes. is outrageous the other side is using a This will bring this program’s fund- procedural tactic to block consider- ‘‘Evidence is mounting across the country ing up to the 2009 level of $400 million. that 287 (g) programs are being run in prob- ation of this amendment on this bill. This increase will match the level the lematic ways,’’ said Maggie McLetchie, an Be assured I will be back to bring up other Chamber, the House of Rep- attorney with the American Civil Liberties this issue again and get a fair and full resentatives, accepted by a nearly Union of Nevada. ‘‘We understand federal im- consideration of it by the Senate. unanimous vote of 405 to 1. With in- migration laws need to be enforced, but I thank the Chair. creased funding for SCAAP, we can that’s the job of federal immigration officers, not the job of Las Vegas police. The PRESIDING OFFICER. The Sen- keep more repeat offenders off our ator from Nevada. streets and reduce some of the catch- MOTION TO RECOMMIT AMENDMENT NO. 2648, AS MODIFIED and-release practices instituted by Mr. ENSIGN. Mr. President, I send a Mr. ENSIGN. Mr. President, I call up many communities that just don’t motion to the desk. The PRESIDING OFFICER. The amendment No. 2648, and I send a modi- have the resources to keep these crimi- clerk will report the motion. fication to the desk. nals where they belong, which is be- The legislative clerk read as follows: The PRESIDING OFFICER. Is there hind bars. objection? So I urge my colleagues to support The Senator from Nevada [Mr. ENSIGN] Without objection, it is so ordered. this amendment to ensure that critical moves to recommit the Act H.R. 2847 to the The clerk will report. Committee on Appropriations with instruc- funds reach our State, county, parish, tions to report the same back to the Senate The legislative clerk read as follows: tribal, and municipal governments to with changes that reduce the aggregate level The Senator from Nevada [Mr. ENSIGN] help battle the problems associated of appropriations in the Act for fiscal year proposes an amendment numbered 2648, as with illegal immigration and to keep 2010, excluding amounts provided for the Bu- modified. lawbreaking illegal immigrants off our reau of the Census, by $3,411,000,000 from the Mr. ENSIGN. I ask unanimous con- streets. level currently in the Act. sent that further reading of the amend- Mr. President, I ask unanimous con- Mr. ENSIGN. Mr. President, what ment be dispensed with. sent to have printed in the RECORD an this motion is similar to the motions I The PRESIDING OFFICER. Without article from the Las Vegas Review- have made on previous spending bills. objection, it is so ordered. Journal relating to this matter. What we are asking the Appropriations

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.008 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10273 Committee to do is to fund our govern- I think this motion is the responsible back. They took an X-ray but told her noth- ment at the 2009 level. thing to do for future generations and ing was wrong. She came back home, but she In 2009, we saw huge funding infor the future of our country. We have stayed up all night crying in pain. creases. Then, with all of the spending to think about this debt. What is this I then took her to the emergency room programs, the government has seen where the doctors took an MRI. It showed debt going to do? We are hearing about she had a ruptured lumbar disc that could massive increases on top of the in- the weakening dollar. There are arti- have led to paralysis. The insurance paid for creases in spending we had last year. cles every day in financial magazines the MRI, but their attitude was sickening. So what we are saying is, while busi- about what a weak dollar means to After being admitted that night, the next nesses, families, local governments, America. The higher the debt, the day the hospital told her she had to go home and State governments across the weaker the dollar gets. We are adding because the insurance wouldn’t pay for the country are cutting their budgets, the trillions of dollars onto the debt. That stay. Federal Government should freeze weak dollar is going to hurt our econ- The doctors and nurses disagreed with that spending levels to 2009 levels. Let us decision, but insurance rules. omy into the future. We have to worry The public option is the only thing that not go on this massive increase in about not only inflation, but hyper- will keep these companies honest. spending. inflation. We have to worry about Edward from Montgomery County We understand the census, which we whether jobs are going to continue to do just once every 10 years, is not part has it exactly right. He knows we need go overseas because of a weak dollar. insurance reform so the insurance com- of the normal budget process, so we al- Every country that has tried to han- panies can no longer deny care for pre- lowed for that. We allow for the census dle their debt by devaluing their cur- existing conditions, no longer discrimi- to be funded. But everything else rency, which is what seems to be going should be funded at 2009 levels. on now—has never succeeded. The only nate against people because of gender We allow the Appropriations Com- way to control your debt is to get or disability or age or geography. He mittee to set the priorities; that is, spending under control. That is what understands there should not be a cap, what funding is to go into which par- we have to do in this body. That is an annual cap or a lifetime cap, on cov- ticular program. Some programs are what we have to do in this country. My erage, so if someone gets very sick and more effective than others, and they motion says: Time out. Time out from it is very expensive, their insurance may have different priorities. That all the spending. Let’s at least live at could no longer be canceled. should be the prerogative of the Appro- last year’s spending level. Let’s put a But he also understands not only do priations Committee. But what this freeze on Federal spending so we are we need to change the rules, as our bill body should be doing is sending a mes- not hurting future generations. I en- that we will bring to the Senate floor sage to the American people that we courage my colleagues to vote for this. does, to change those rules so insur- care about our children and our grand- I yield the floor. ance companies can no longer game the children. The PRESIDING OFFICER. The Sen- system, this legislation also includes a What we are seeing right now is that ator from Colorado is recognized. strong public option as Edward asked we are borrowing 43 cents of every dol- Mr. UDALL of Colorado. Mr. Presi- for. A public option will make sure the lar we spend. Think about that. Think dent, I ask unanimous consent to speak insurance companies stay honest. It about a family or a business borrowing as in morning business. will inject competition into the insur- 43 cents out of every dollar they spend. The PRESIDING OFFICER. Without ance industry, and it will give people That is what we are doing. I think this objection, it is so ordered. choice. That is why we call it a public next chart illustrates very well on (The remarks of Mr. UDALL of Colo- option. It is a choice. whom this burden is going to fall. rado are printed in today’s RECORD If you are in southwest Ohio, in my The picture of this young lady was under ‘‘Morning Business.’’) State, you only have two insurance taken out in the public. She had a sign The PRESIDING OFFICER. The Sen- companies, and they have 85 percent of around her which said: I am already ator from Ohio is recognized. the insurance market. That is not com- $38,375 in debt, and I only own a doll- HEALTH CARE petition. You know that means rates house. Mr. BROWN. Mr. President, I come to are higher. That is why injecting com- It is a picture of a cute little girl, the floor regularly to share letters petition with the public option will and it would really be a cute picture if from constituents of mine, Ohioans, help stabilize insurance rates and make it wasn’t so sad because it is true. letters we get from people commenting the insurance companies behave a Every child in America has a huge debt on the health care system. Many of whole lot better than they have been. burden put on them because of the these letters—most of them, in fact— Let me share two other letters. I see spending. have come from people who thought my colleague from Pennsylvania, Sen- During the last many years we have they had good insurance. If you had ator CASEY, is in the Chamber. Linda heard about the spending programs. called them a year ago or 3 years ago from Hamilton County, also south- The other side of the aisle actually ran or even, in some cases, a month ago western Ohio, Cincinnati, Blue Ash, on fiscal discipline. They said we spent and said: Are you satisfied with your Avondale, that part of Ohio. too much money under the Bush ad- insurance, they most likely would have I am 60 years old and I have private health ministration. By the way, I agreed said yes. Then one of their family insurance—if you want to even call it that. I with that statement. I think we did members gets sick and it is a very ex- pay $450 a month and so few services are cov- spend too much money during the first pensive illness, spend weeks in the hos- ered until I reach a $10,000 deductible. part of this decade. But the spending pital or has all kinds of doctors visits Three years ago I had a double mastec- levels now, in comparison, are sky- and tests, and they end up spending so tomy. As a result, I can no longer go to an- rocketing. We are adding trillions and much that they lose their health insur- other insurance company because of pre- trillions of dollars in debt to future existing conditions. ance. The insurance company cancels I have a good life. My husband and I generations. them. The insurance companies call it So my motion, very simply, says: In- worked hard, saved our money, and have en- a rescission. joyed our retirement so far. But I now find stead of this large increase in this You read the fine print and you see myself not being proactive about my health spending bill, we are going to live at these policies are not what they are care because I know I will have to pay out- last year’s numbers. We are not even cracked up to be. That is one impor- of-pocket for care until I reach $10,000. going to cut in ways State govern- tant reason why this health insurance That’s not insurance. It is highway rob- ments and local governments are bill is so important. bery. I want you to vote—— doing. They are cutting. We are going Let me share a couple of these letters She says: Senator—— to live within last year’s funding lev- with my colleagues. I want you to vote for the public option. els—which were, by the way, increased Edward, from Montgomery County, Get in there and fight for those who have dramatically. Last year, I think the that is the Dayton area—Dayton, Ket- nothing and for those of us who want to re- same appropriations bill got a 15-per- tering, Huber Heights, that area of main healthy in our golden years. cent increase. Let’s at least live at last Ohio, sort of southwest Ohio. Listen to what she says: year’s level instead of living on huge About 5 years ago I took my wife to the I now find myself not being proactive increases this year. hospital one evening because she hurt her about my health care——

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.029 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10274 CONGRESSIONAL RECORD — SENATE October 8, 2009 Because she has a $10,000 deductible, you can keep that insurance, but we this strategic determination. The living now, it sounds like, probably, on are going to build consumer protec- President is taking the time that I be- a fixed income, she simply cannot af- tions around that insurance: No more lieve is necessary to make the right de- ford to pay that kind of money out of denial of care for preexisting condi- cision. pocket to get the sort of maintenance tions; no more caps on coverage if you General McChrystal as well has con- of care she needs. So she simply is not get very sick and you lose your plan— tributed much to this debate, not only taking as good care of herself. She is they can’t throw you off your plan with his report but, more importantly not able to have physicians and nurses then; no more discrimination based on than what he put on paper, the kind of and others help her maintain her gender or geography or disability or leadership he has provided to our health the way we encourage our con- age. troops on the battlefield and the way stituents to do. We want people to get The third thing our legislation does he has assessed the threats to our secu- regular checkups. We want them to do is it gives all kinds of incentives to rity and to our troops and to the Af- all kinds of preventive care. She can’t small businesspeople to insure their ghan people and the way he has articu- afford to because of this deductible. So employees: tax credits, allowing them lated those threats. she already, in some sense, has been a to go into a larger pool with consumer Now he has made a recommendation casualty of our health care system. I protections. And our legislation pro- to the President. We hear a lot about pray it is not worse than that. But in vides insurance for people who do not what General McChrystal’s report said, too many cases, that has happened. have it, with some help from the gov- at least parts of it. We also hear a lot She argues again—she says: I want you ernment if people are low or median in- about General McChrystal’s rec- to vote for the public option. She un- come. ommendation on troops. What we have derstands she will not have this kind of So all of that will mean a healthier heard very little about and need to $10,000 deductible if she chooses the population. It will mean choices for hear more about is the nonmilitary public option—a choice, but a choice people because they can choose the part. What will happen on the non- that she sounds like she would make. public option or they can choose pri- military aspects of this counterinsur- She will not be turned away or in her vate care, and they know the public op- gency strategy? That is vitally impor- mind think she can’t get this other tion will make our whole health care tant and at the same level of impor- health insurance, these other health system much better. tance as what we do militarily. So we care services because they are so ex- As we move forward and get this leg- have to get it right militarily and in pensive. She understands and she asks islation to the President’s desk before terms of the other strategy. for a choice—the choice of a public op- Christmas, I am excited about what we But one thing we have not heard a lot tion. can do to make peoples lives better and about is that General McChrystal has This is the last letter I will read be- to make for a healthier country. actually, in words I am quoting from fore I yield the floor. I yield the floor. the New York Times, endorsed the Christopher from Summit County, The PRESIDING OFFICER. The Sen- President’s deliberate approach. Gen- the Akron area, northeast Ohio, Akron ator from Pennsylvania is recognized. eral McChrystal was quoted on October and Barberton and Tallmadge and Stow Mr. CASEY. Mr. President, first of 2 in the New York Times as follows: and that area of the State, writes: all, I commend the words of my col- ‘‘The more deliberation and the more league, Senator BROWN, on the issue of As a 58-year-old self-employed entre- debate we have, the healthier that is preneur, it is virtually impossible to obtain health care but in particular the im- going to be’’ for the strategy. So for as serious and genuine health coverage insur- portance of having a public option in much attention as has been paid to ance. Thanks to a relatively minor pre-exist- our health care plan and the legislation what his report says, or at least part of ing condition and total lack of a public op- the Senate will take up. what his report says, I think it is also tion, I fall through the cracks in the wealthi- AFGHANISTAN POLICY important to listen to his words about est nation in the world. I rise today to speak in particular taking the time to debate it and taking Two sentences he writes: ‘‘It is im- with regard to the debate we are hav- the time to deliberate it because if all possible to obtain serious and genuine ing—just beginning to have, by the we do in the Senate is point a finger to health insurance’’ and ‘‘Thanks to a way, and need to have a lot more de- the White House and say the White relatively minor pre-existing condition bate about—the U.S. role in Afghani- House must do this or the President and lack of a public option, I fall stan, with a special focus in terms of must do this or the administration through the cracks in the wealthiest my own remarks today on building the must do this, we are not fulfilling our nation in the world.’’ Why can’t some- Afghanistan National Army. At the responsibilities in the Senate. body like Christopher—he is self-em- same time, I would also like to recog- A number of us have been talking ployed, he had the initiative to start a nize the dedication of the Pennsylvania about this challenge, but we have to business and employ himself, and he National Guard as well. hear from more voices here and we wants to have insurance. He is 58 years But first with regard to Afghanistan, have to debate this in a very sub- old. His medical problems don’t sound the challenge we face in Afghanistan stantive, serious, thorough, and bipar- particularly severe, but he has a minor and Pakistan is a grave challenge in- tisan way. I will talk more about that preexisting condition. He can’t get indeed. Those who might disagree on the in a moment. surance. That is why we are changing way forward or what to do next can In that same New York Times story, the law. We are no longer allowing de- agree on that, that it is a grave chal- General McChrystal was also quoted as nial of care for preexisting conditions, lenge. In order to get it right, and we saying: ‘‘I don’t think we have the lux- but we also need a public option, as must get it right, we need to debate ury of going so fast that we make the Christopher asks for, for him to choose these issues thoroughly. wrong decision.’’ So I think it is impor- from if he would like to choose the I have been fortunate enough in the 3 tant to highlight what General public option or Aetna or Medical Mu- years since I have been in the Senate McChrystal has said about the ap- tual, an Ohio company, or CIGNA or to be a member of the Foreign Rela- proach we take, the approach President BlueCross or whatever. But he also un- tions Committee. As a member of that Obama is taking, spending a number of derstands that the public option will committee, most recently—the last weeks looking at this, focusing on the enforce these rules, so the insurance couple of months, really—I have had strategy before the resources. A lot of companies can no longer game the sys- several opportunities, as others have people in this town want to just talk tem. In other words, the public option, on the committee, to examine the mili- about troop levels only and resources as the President has said, will make tary, political, diplomatic, and re- only instead of getting a sense of where the insurance companies more honest. gional implications of our presence in we should be strategically first and It is clear our legislation does a Afghanistan. Chairman JOHN KERRY then getting to resources. handful of things that are so impor- has taken a very comprehensive ap- We should consider the ideas set tant. It is clear this will move our proach, and I applaud his efforts. forth in a recent Wall Street Journal country forward. It says: If you have I also support the administration’s op-ed by the following Senators: insurance and you are satisfied with it, deliberate consideration in making MCCAIN, GRAHAM, and LIEBERMAN—all

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.030 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10275 respected voices on national security training timelines, no one disputes the confront, if we are serious about this. and foreign policy. central importance of getting the Af- The Afghan National Army should This is not going to be the strategy ghan security forces trained well and begin to address the discrepancy. Over- going forward, the solution to a dif- soon. As this force is prepared to pro- all the cost of maintaining this ex- ficult problem; this is not going to be a vide security, it will decrease the need panded force will be considerable, and Democratic solution and it is not going for a robust U.S. presence in the coun- it is unlikely that the Afghan Govern- to be a Republican solution; this has to try. ment will be able to shoulder this bur- be a strategy and a solution that comes I applaud the efforts of Major Gen- den anytime soon. It is a challenge from both parties. eral Formica, head of the U.S. unit that involves both cost and the reality Also, I should say that only by work- charged with training the Afghan that the government doesn’t have the ing together can we develop the best troops. While the ANA certainly needs resources to do all it needs to do in strategy, and to literally focus on substantial additional assistance, we building up the Afghan Army. We need strategy before the question of re- need to acknowledge the fact that this to be honest about that. This will be sources. We cannot simply use sound fighting force did not exist 7 years ago. expensive but nowhere near as expen- bites to communicate the complexities Due in large part to the extraordinary sive as the continued deployment and of this conflict or simply reassert talk- efforts of coalition forces and people costs associated with maintaining an ing points from the Iraq war debate. If like the general, the ANA can be con- international coalition force. that is all we are going to do around sidered a measured success. Without I have tried to outline some of the re- here, we might as well not have a de- these remarkable efforts, the Afghan alistic challenges we face in standing bate because that will not do it for this National Army would not be in a posi- up the Afghan Army. Afghan Defense debate, especially when we are talking tion to grow at the pace necessary in Minister Wardak, whom I met during about what is at stake here and espe- the coming months. my trip in August, oversees this effort cially in this case. Politics must stop I should also add that the recent in Kabul. Minister Wardak has been at the water’s edge. I think we can do Presidential election in Afghanistan commended for his leadership of the that. This body has done it in the past, presented a very difficult security Afghan armed forces. He believes these and we can do it again. challenge, and both the Afghan Na- ambitious troop increases are chal- Let me say at the outset that our tional Army as well as the police per- lenging but possible. I hope we can ag- problems in Afghanistan are political formed pretty well. We could witness gressively pursue Chairman LEVIN’s in nature and will ultimately require a some security problems but on a much plan, no matter what comes of the political solution. This does not mean more limited basis than many would President’s strategy. An expanded and additional troops may not be needed, have predicted. So that is a bit of good enhanced Afghan Army should be a but it does indicate to me that our news in all the bad news we hear about central part of the equation. In the strategy needs to reflect a deeper com- Afghanistan. final analysis, this fight against the mitment to supporting the Afghan peo- Challenges do remain, however, and Taliban is an Afghan fight. We need to ple in their efforts to focus on at least this training process will not be easy. be there to support them, but a stable three principal areas—one, the obvious A little more than 40 percent of the and peaceful Afghanistan will ulti- priority of security. There is a lot to population in Afghanistan is of the mately depend upon how well the Af- talk about just under that umbrella. Pashtun ethnicity, although they are ghan Government can provide security The second focus we have to have, as not fully represented in the army at for its own people. well as the Afghan people, is govern- these levels. The officer corps of the (The further remarks of Mr. CASEY ance. We cannot govern for them; they Afghan National Army, based on tradi- are printed in today’s RECORD under have to govern themselves. President tions that go back decades, is pri- ‘‘Morning Business.’’) Karzai and whoever else has authority marily made up of Tajiks, who rep- Mr. CASEY. I yield the floor and sug- in that country to provide services resent just over 25 percent of the popu- gest the absence of a quorum. have to demonstrate to us and to the lation. The most substantial fighting The PRESIDING OFFICER. The world that they can govern themselves. in Afghan currently takes place in the clerk will call the roll. So first security and then governance Pashtun belt, an area of the country in The assistant legislative clerk pro- and finally development, and that obvi- the south and east along the border ceeded to call the roll. ously is a joint effort, not just Amer- with Pakistan. I hope the Afghan Na- Mr. THUNE. I ask unanimous con- ican-Afghan but all of the more than 40 tional Army can continue to take these sent that the order for the quorum call nations that are helping us in Afghan important ethnicity concerns into con- be rescinded. to help communities with water sys- sideration as they grow the force. The PRESIDING OFFICER. Without tems and infrastructure and education These are critically important con- objection, it is so ordered. and so many others—health care in- cerns about ethnicity. We have to rec- HEALTH CARE REFORM cluded—so many other aspects that in- ognize that and not turn away from it. Mr. THUNE. Mr. President, this week volve development or at least quality Second, Afghanistan has a very high the latest version of the health care re- of life in Afghanistan. illiteracy rate; some estimate as high form plan was scored by the CBO. The Ultimately, our success will come in as 70 percent. This presents consider- expectation is that sometime in the empowering Afghan institutions to ad- able complication in troop training as next few days, the Finance Committee dress their own internal security. In some recruits are not able to read or will report out a bill which at some some cases, this may mean co-opting write orders, understand maps or inter- point will be merged with the bill that certain elements of the Taliban, in pret instructions on how to operate was produced by the HELP Committee. other cases taking on the Taliban di- equipment. Our trainers have come up I rise to make some observations about rectly. We are now at a stage where the with creative training techniques using the process generally, because we are United States can play a positive role pictures, for example, but this is no talking about literally one-sixth of the in making sure the political framework substitute for basic skills required in a American economy. This is not some- for the country is sound. modern army. thing that is inconsequential, and cer- The chairman of the Armed Services The third challenge with regard to tainly it is something that is personal Committee, CARL LEVIN, has helped to building up the Afghan National Army to most Americans. Health care is focus attention on the critical impor- and perhaps the most significant is something they value deeply. Any type tance of training the Afghan National posed by the substantial resources of reform ought to focus on patient- Army or the so-called ANA. I applaud needed to stand up such a force. Army centered health care—not insurance Chairman LEVIN’s leadership in this re- recruits are paid only $100 a month, centered, not politician centered, not gard and support his call for an accel- while there are reports that the Washington, DC centered, but patient- eration—a rapid acceleration of troop Taliban pays as much as $300 a month. centered health care. As we get into training to the levels of 240,000 Afghan Both are small amounts, but when the this debate, we ought to have an oppor- National Army troops by 2012. While Taliban is paying three times as much, tunity not only for Members of the there is some disagreement over these that presents a challenge that we must Senate to carefully examine what is in

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.031 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10276 CONGRESSIONAL RECORD — SENATE October 8, 2009 this legislation but also for the Amer- I don’t believe for a minute that the But when the bill is fully imple- ican people. The American people de- Finance Committee bill, even if and mented, when all the provisions are fi- serve and have a right to know what is when it is reduced to legislative lan- nally in place and we get the 10-year going to be in any final bill. guage, is the thing we will be voting window from that point forward—or My first point is that we have tried. on. There has been a lot of reaction to from that point through the 10-year An amendment was offered in the Fi- it and a lot written in the last couple window—that is when we get a real as- nance Committee by the Senator from of days about how this would be scored sessment of what the costs are. If we do Kentucky, Mr. BUNNING, that would re- by the CBO. And there is a story out that, the cost of this legislation is not quire for any bill that ultimately, once today that it actually would reduce the the $829 billion that has been put out it is reduced to legislative language deficit, which I will get into in a mo- publicly and has been sort of picked up and has an estimate from the CBO ment. by the media in the last day or two, about what it might cost, there be 72 But before addressing that, this bill, but it is nearly double that amount. It hours for people to evaluate it, Sen- when it does become a bill, will have to is $1.8 trillion. ators as well as the general public. be married with another bill passed So it is a massive amount of new That amendment was defeated in the earlier by the HELP Committee. Those spending, a massive expansion of the committee deliberations. Seventy-two two will be merged. Where will they be Federal Government at the Federal hours is the bare minimum that ought merged? They will not be merged on level, and a massive amount of spend- to be required and necessary for people the floor of the Senate. They will be ing that somehow is going to have to here in the Senate to look at what will merged behind closed doors in the ma- be paid for either in the form of addi- be inevitably north of 1,000 pages of jority leader’s office by a handful of tional revenues, cuts in Medicare— legislative language. people who will be determining what is which is what is being proposed—which The reason I say ‘‘will be’’ is because in the legislation. Then at some point I do not think, frankly, is ever going to we don’t know yet. We haven’t seen they will have to come out and we will happen. We tried back in 2005 when we legislative language to date. All we get an opportunity to look at it. were reforming Medicare to shave $10 have is a concept paper. The Finance I don’t think the work the Finance billion out of that. We could not get Committee will be voting out a concept Committee is putting in right now is the votes for it in the Senate. We had paper. That concept paper has been anywhere close to what the end result scored by the Congressional Budget Of- to bring the Vice President back from will be. I argue that we will see a very fice but it is just that. It is a concept Pakistan to cast the deciding vote. different product produced by the ma- So the notion that somehow we are paper. We have yet to see anything jority leader when they go behind going to be voting to cut $500 billion that resembles legislative language from Medicare is a pipe dream. You that ultimately is what we in the Sen- closed doors and a handful of people would have to be smoking something ate will be asked to vote on. write the health care bill that will The simple expectation is that there come before the Senate. to believe that is actually going to ought to be an adequate amount of Those are a couple of observations I happen. That is one of the ways that time, whatever that amount is, but at wished to make with respect to the $1.8 trillion of new spending is paid for. a minimum 72 hours was all that was process and how flawed I believe it is The other way it is paid for is with requested by the Senator from Ken- with regard to the issue of being open higher taxes. The problem with that is tucky in his amendment before the Fi- and transparent and making sure there the taxes do not just fall on the ‘‘rich’’ nance Committee. That was defeated is accountability to the people. or ‘‘wealthy.’’ They do not just fall on by the Democratic majority. The second observation I wish to the insurance companies, which is He subsequently offered that today, a make has to do as well with the fact where some of the taxes and fees in the resolution as an amendment to the cur- that most Americans believe there is a Finance Committee bill are directed. rently pending legislation, the CJS ap- right way and a wrong way to do this. They fall on the American people. In propriations bill. It was objected to. The right way ought to be making sure fact, I think it is important to point There was a point of order raised we are prioritizing our spending and out the Congressional Budget Office, against it. It is pretty clear that our being careful with taxpayer dollars. when asked about this, said 90 percent colleagues on the majority side do not The wrong way is for Washington to of the tax burden in 2019—90 percent of want to consider having any sort of a go about this in the traditional way; the tax burden in the health care bill— requirement imposed that would allow which is, to raise taxes still higher, put would fall on wage earners making less people an adequate amount of time to the country further into debt, and than $200,000 a year. That directly vio- review this incredibly consequential more money into programs we do not lates and contradicts the commitment and impactful piece of legislation com- believe—at least a lot of us do not be- and the promise the President made ing before the Senate. lieve—will work in the long run. Again, that he would not impose taxes on peo- I make that observation to start with I will point out in a minute why we ple making less than $250,000 a year. because it is relevant. This process think this is the case, why these pro- So we have these massive tax in- needs to be open and transparent. The grams will not work in the long run. creases which, according to CBO, are American people have a right to know The right way to do this is for us to going to fall disproportionately on peo- exactly what is in this legislation. protect and expand that doctor-patient ple making less than $200,000 a year, Even Senators and Senators on the Fi- relationship and to do it in a way that and we have these cuts in Medicare nance Committee right now don’t know is fiscally responsible and to do it in a which, in my view, are not going to because they haven’t seen bill lan- way that gets at the real crux of the happen or, if they do, could be very guage. What they are going to be vot- issue; that is, how do we reduce the devastating to seniors, as well as to a ing on is a concept paper. And what the cost of health care in this country. lot of the health care providers across estimate that has been provided by the As to the current bill, which I men- this country. CBO is in response to is a concept tioned earlier, there have been some But here is what is most amazing paper, not legislative language. I argue news stories in the last day or so about about all that: almost $2 trillion in new to my colleagues that we need to have how this bill reduces the deficit, with spending over a 10-year period—$500 at least a certain amount of time. I $829 billion in spending and about $81 billion, $600 billion of tax increases; would argue more than that—it ought billion in surplus to reduce the deficit. $500 billion in Medicare cuts to pay for to be 2 weeks, when we are talking What I think is important for people to this—and who is to say if the Medicare about something this voluminous and focus on is, because there is a delayed cuts do not happen a lot of this will not this consequential for Americans or implementation of these provisions in end up being borrowed, which piles up the American economy. I regret that this bill that do not start kicking in huge debt on future generations of our colleagues on the Democratic side until 2014 or thereabouts, the numbers Americans. But after all that, and after of the aisle are objecting to what is that are being used by the other side all the bills, including the Finance even a minimum amount of time to re- and being reported upon by the media Committee bill, it assumes a tremen- view this legislation, and that would be reflect a 10-year period starting now dous level of government intervention a 72-hour time limit. and going forward. and involvement in the health care

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.034 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10277 economy of this country. The govern- ready to move on with your life, and rors—the approach that is being used— ment is going to be in the middle of you get handed a big fat wedding gift understates the overall cost. They can making decisions that traditionally from the Federal Government to the go forward and say, well, we are reduc- have been made by doctors and pa- tune of a $188,000 IOU. That is not fair ing the deficit over 10 years because of tients. to future generations. all the tax increases, which kick in But after all that, we would assume, We ought to learn to live within our right away, but some of the costs in at the end of the day, the underlying means. We talk about reforming health the program do not come into play purpose and goal of this—which is to care. We ought to put reforms in place until later on. reduce health care costs—would have that actually reduce the cost of health So the American people need to be been achieved. The truth is, it does not care for working-class families in this engaged in this debate. They need to reduce costs. The bottom line is, after country, that do not raise their taxes, have their voices heard. Frankly, they everything else is said and done, and that do not borrow from their children have a right to know exactly what is in we look at all the spending and all the and grandchildren. Those are the types this legislation. That is why it should taxing and all the new government ex- of things we would like to see as part not be rushed. It should be done in a pansion and all the new government in- of this debate. way that allows people to actually re- terference and involvement and inter- We have already put forward a num- view this bill. It ought to be done in vention in the health care economy ber of proposals that would do just the light of day. and the fundamental doctor-patient re- that: allowing people to buy insurance Secondly, it ought to be done in a lationship, we have not done anything across State lines—interstate competi- way that actually is fiscally respon- to lower costs for the Americans who tion would put downward pressure on sible to future generations so we do not are struggling with the high cost of prices and insurance rates across this pile this huge burden of debt on them. health care. country—allowing people to join larger But even more importantly than that, In fact, the Congressional Budget Of- groups, small business health plans— it ought to accomplish the stated ob- fice, during the Finance Committee something we voted on repeatedly in jective, which is to reduce the overall markup last week, when asked whether the Congress which has been consist- health care costs for Americans. the insurance company taxes would be ently defeated in votes—dealing with These proposals do not do that. There passed on—and how would that impact the issue of defensive medicine, which are ideas out there and solutions out the people who are actually having to it is estimated costs the health care there that do, some of which I just pay the insurance premiums out economy about $100 billion annually; talked about. If we would be willing to there—they said those new taxes will doing something about medical mal- sit down and come to a consensus be passed on dollar for dollar. We have practice and all those physicians who about those things that actually do seen all kinds of varying estimates order those additional tests simply be- drive health care costs down, we could about the amount of the increase, but cause they are worried about being pass health care reform through the there has not been a bill yet, of the five sued. Senate this year, through the House of that have been produced by any of the We have had proposals put forward Representatives, put it on the Presi- committees in the Congress, that bends that would change the tax treatment of dent’s desk, and do something that ac- the cost curve down. They all raise and employer-provided health care plans so tually meaningfully reduces costs for increase costs. that those who do not have insurance Americans and what they pay for I think that is the Achilles heel, ulti- would have a tax credit that would be health care. mately—that the American people, available to them so they could go out Mr. President, I yield the floor. who are struggling with the high cost and buy health insurance in the private The PRESIDING OFFICER. The Sen- of health care, are looking for solu- marketplace. ator from Delaware. tions and for reforms that will actually We are laying out a lot of solutions Mr. KAUFMAN. Mr. President, I ask put downward pressure on prices, and we believe actually get at the funda- unanimous consent to speak as in all that is being talked about is spend- mental issue before the American peo- morning business. ing a couple trillion dollars of their tax ple, and that is the high cost of health The PRESIDING OFFICER. Without dollars, raising taxes and cutting Medi- care and also trying to provide cov- objection, it is so ordered. care in order to raise their overall cost erage for those who do not have it. TRIBUTE TO ERICA WILLIAMS AND HER SEC TEAM of insurance. Only in Washington, DC, None of these proposals, in my view— Mr. KAUFMAN. Mr. President, I rise could something that stunning actu- and I think the Congressional Budget again today to honor a great Federal ally make it in the light of day. Office, in their analysis, bears it out. employee, something I have been doing So at the end of the day, it ought to These are all proposals that bend the each week on the Senate floor. I do so be about reducing costs for Americans. cost curve up, that increase and raise because I believe it is very important It ought to be about trying to provide insurance costs for this country. to recognize the unsung heroes who access for those who do not have access The only reason they could go out work every day on behalf of the Nation to health insurance. By the way, the like they did yesterday and say, well, with great effort and often with great most recent version of the Baucus this actually reduces the deficit, is be- sacrifice. bill—the Finance Committee bill—still cause of the massive tax increases and Today, I want to honor an employee leaves 25 million Americans uncovered. the massive cuts in Medicare that it of the Securities and Exchange Com- So we are not covering a lot of people assumes will take place. mission, one of our most important we are proposing to cover. We are in- Again, I want to mention one more independent Federal agencies, whose creasing costs of health care for people time, in closing, notwithstanding the work affects all Americans. This great who currently have insurance, and we numbers that were released yesterday Nation was founded on a belief in free- are creating a couple trillion dollars of by the Congressional Budget Office— dom and fairness—two fundamental new spending when this bill is fully im- and the way they were reported by the pillars of American society. plemented over 10 years that, again, is media—the number people need to This is what the Revolutionaries going to, in some way, have to be fi- focus on is the cost of this program fought for in the time of Samuel nanced with taxes, Medicare cuts, or, when it is fully implemented. Adams and George Washington. It is worse yet, perhaps borrowing, which Because it is delayed, because many what the Framers enshrined during the will come on the backs of future gen- of the provisions in the bill, in its en- era of Alexander Hamilton and Thomas erations. tirety, for the most part, are going to Jefferson. Maintaining democratic gov- The amount of debt we are going to be delayed—the implementation—until ernment and fair, open markets were have at the end of 2019, according to 2014, we have to get the full picture of the charge of every administration and CBO, is enough so that every household the cost, what it is going to cost in the Congress from their day to ours. in this country will owe $188,000. Imag- 10 years once it is fully implemented In the decades since World War II, ine if you are a young couple today because a lot of the revenues are front American global leadership has focused just exchanging your vows, you are loaded, the costs are back-end loaded. on promoting these two concepts starting your family, you are getting That is why this sort of wires and mir- throughout the world. Democracy and

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.035 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10278 CONGRESSIONAL RECORD — SENATE October 8, 2009 a fair marketplace complement each alized by this and by resulting set- eral complex cases involving account- other perfectly. A society based on fair backs. And, I might add, SEC employing and fraud. Before coming to the markets cultivates an egalitarian po- ees have also had to endure criticism of SEC, she worked at a major private litical culture. Likewise, democracy the Commission in recent months by sector law firm in Washington. instills in all citizens the sense that concerned Members of Congress—my- In July, she and her team of SEC en- they ought to enjoy in commerce what self chief among them. forcement attorneys won a hard-fought they so cherish in government: a mar- Today, the SEC stands at a cross- verdict in Federal court on a case in- riage of liberty and equality. roads. volving insider trading. This case, com- I have already spoken from this desk In the wake of last year’s historic monly referred to as SEC v. Nothern, several times about the challenges we election, Washington has been focused was a rare case involving U.S. Treasury and the SEC jointly face today in pro- on change. The greatest thing about bonds. tecting our financial markets. I have change is that it offers the promise of She could not have had better col- talked repeatedly about how, as a na- a new start. I wholeheartedly believe leagues on this case than John Ros- tion, our credit and equity capital mar- one of the most fundamental qualities setti, Sarah Levine, and Martin Healy, kets are a crown jewel. Only a year ago of the American people is the ability to all of whom equally deserve recogni- we suffered a credit market debacle pick ourselves up, dust ourselves off, tion. John is a graduate of Catholic that led to devastating consequences and return to the important task be- University Law School, and he served for millions of Americans. fore us. for 9 years as an SEC enforcement at- I have squarely blamed the self-regu- For the SEC, this means a renewed torney. Sarah, who holds a law degree lation philosophy of the SEC as being a focus on its original mission: to main- from Yale, clerked for Justice David major part of that problem. By this I tain public faith in our markets, to Souter before coming to the SEC in mean that the SEC had too often de- protect all investors. The SEC needs to 2007 as a trial attorney. Martin sup- ferred to those it regulates for knowl- reassure our long-term investors— ported their efforts as a regional trial edge, experience, and certitude. I feel many of whom are average Americans counsel at the SEC’s office in Boston. so strongly about this because we have saving for retirement—that the system Erica and her team had to prove that lived through an era where regulators is not rigged against them. I know the the defendant had insider knowledge and the leadership of regulatory agen- SEC can, and will, be a can-do agency from someone inside the Treasury De- cies failed to regulate. Perhaps Con- once more. partment. Approximately $3 million in gress, too, failed to give the regulators In 2005, the SEC moved into a new illegal profits had been generated from the tools and resources they needed to headquarters just a few blocks from this scheme. They argued their case do their jobs effectively. the Capitol. It is a beautiful glass and strongly and thoroughly. They also had These failures have contributed not stone building with a high, curving fa- to prosecute the case with fewer re- only to a financial disaster but also to cade. The lobby is full of light, and its sources than are usually available to a loss of public confidence in our mar- windows frame a view of the Capitol private sector litigators. They worked kets and our national economy. In ad- dome. Much of the building wraps weekends and sacrificed time with dition, these failures run counter to around a courtyard, and in the center their families for long hours spent in our ideals of democracy and market of that courtyard is a playground for the office or on the road. It all paid off, fairness. the children who attend the SEC’s em- a victory that reflects what the SEC is During the time of the Revolution, ployee daycare. Across the street are a all about: punishing and deterring we were a nation of farmers and mer- school and a row of small businesses, wrongdoing. chants bound together by our common including a busy coffee house. Behind What Erica achieved with her team is dependence on the trade of manufac- the new building are the tracks leading more than a court victory, however. tured goods, foodstuffs, and local serv- out from Union Station carrying busi- She is helping to send a message the ices. Today, we have become a nation ness travelers and commuters each SEC is back; that those who are con- of investors. Tens of millions of Ameri- day. templating fraud better think twice. cans own retirement accounts, and The men and women who work in That is why I am honoring her as my they depend on fair markets to protect that building don’t need to be reminded ‘‘Great Federal Employee’’ of the week. those long-term holdings. who they work for. They see them I know this is only the beginning. Many Americans have suffered di- every day out of their windows. The The SEC knows it needs to focus on de- rectly as a result of the markets losing stability and fairness of our financial terring those activities that make our value. Those who have not been hurt markets affects every American, from markets unfair. That is what Erica’s personally surely know someone—a the small business owner to the coffee victory and what other recent gains of parent, a friend, or a coworker—who house patron; from the daily commuter the Commission have done. As new has. The financial crisis has forced to the future of that toddler in SEC Enforcement Division Director many to delay retirement or even go daycare. I believe a new building pro- Robert Khuzami has said, the SEC is back to work. Most working Americans vides a chance for a new beginning. engaged in ‘‘a rigorous self-assessment have lost something; some have lost al- I agree with the President that at of how we do our job.’’ Their victory is most everything. least with regard to the financial cri- what Khuzami meant when he prom- Under its previous leadership, the sis, the worst is behind us. Now is the ised ‘‘a focus on cases involving the SEC lost its way. While the failure of time for the SEC to step to the plate. great and most immediate harm and on the SEC to follow up on tips about the I know they can do it. I have faith in cases that send an outside message of Bernie Madoff Ponzi scheme is cer- the SEC because it stabilized our mar- deterrence.’’ tainly emblematic of this failure—and kets in the aftermath of the Great De- I also have faith in SEC Chairman probably a huge blow to the morale of pression. I have faith in the SEC be- Mary Schapiro, who shares my concern the agency—I believe morale at the cause it always proved to be resilient about the stability and the quality of agency may also have suffered for a during times of institutional change, our markets. She understands the much more fundamental reason. Too and I have faith in the SEC because it trade-offs between market liquidity often in the past, the SEC leadership has some of the most talented public and market fairness, and she recog- kept its employees from pursuing its servants who are now working tire- nized how important it is to protect core mission. This happened not only lessly to catch up after several years of the interests of long-term investors. at the SEC but at other Federal agen- failed leadership. As my colleagues are aware, since cies as well. There was simply a philo- One of those public servants is Erica March, Chairman Schapiro and I have sophical difference between their poli- Williams, a lawyer for the SEC’s En- exchanged communications, and I be- cies and the need for effective enforce- forcement Division. A graduate of the lieve under her leadership the SEC is ment of regulations. University of Virginia Law School, coming back stronger and better able Employees at the SEC, while still Erica has been with the SEC for 5 to pursue its mission. working hard every day, sadly, I sus- years. During that time, she has distin- The famous Alabama football coach, pect, have become somewhat demor- guished herself as a trial lawyer on sev- Paul ‘‘Bear’’ Bryant, once said:

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.036 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10279 I have learned over the years how to hold award was overturned and the competi- Not relevant? I could not disagree a team together. How to lift some up, how to tion was placed in limbo. more. It is intuitively obvious to any- calm others down, until finally they’ve got Even after GAO’s recommendation, one who is even vaguely familiar with one heartbeat, together, a team. there is still nothing to suggest that the concept of competitive government Chairman Schapiro believes in the the KC–45 was not the best tanker solu- bidding that the Department of De- SEC’s mission, and she is working dili- tion. This is a very important point to fense, from the outset, is tilting the gently to ensure that all who work remember. The Air Force’s contracting competition toward Boeing. Northrop there are doing so with one heartbeat— system may have been flawed, but no- Grumman is being severely penalized as a team. They, too, believe in the where did GAO state that the KC–45 is before the game even begins. This situ- SEC’s mission, and we have to make not the best tanker for our airmen. ation is inconceivable and must be certain they get all the resources they A year later, Defense Secretary Rob- changed. need, not only to catch up but also to ert Gates terminated the award and Further, after review of the draft operate ahead of tomorrow’s market canceled the entire tanker acquisition RFP, it is becoming increasingly clear threats. program. that this competition is not structured Taped to the door of Chairman Secretary of Defense Gates’ decision around what we call a ‘‘best value’’ Schapiro’s office is a sign for all those to cancel the Air Force’s No. 1 acquisi- competition that would ensure that entering with new proposals or ideas. It tion priority outright clearly placed our warfighter receives the best plane. reads: ‘‘How does it help investors?’’ politics and business interests over the Rather, it is structured around the low- This ethos must once again be the interests of the warfighter. est price technically acceptable com- source of inspiration for everyone who While Secretary Gates may have petition that does one thing and one works in that beautiful new building. characterized this decision as a ‘‘cool- thing only—it reduces the chances that As the SEC embarks on its next ing off’’ period, it sent a clear message our warfighters will receive the most chapter, I want all of its employees to that only a Boeing tanker will be ac- superior plane on the market. know when they walk out of that lobby ceptable. The defense acquisition pol- One would think that our Air Force’s each day and see the Capitol dome, icy was unmistakable: No Boeing, no top priority would be to ensure that they should feel confident that those of tanker. That is a fundamentally flawed our men and women in uniform have us who work under it are their part- policy that may please some Members the best, most capable equipment. It ners. We will be their partners by mak- of Congress from the States in which seems to me that is not the case. ing certain the SEC is strong enough to Boeing would build the tankers, but it A lowest price technically acceptable do its job, and we will work together fails to satisfy the critical need for the procurement process focuses heavily on with the Commission to help identify best new tankers for our warfighters. cost and does not take into account ad- and prevent new problems before they In that case, politics obviously ditional or advanced capabilities that arise. The American people also should trumped military necessity and troop may be available on the aircraft that have patience and hope that the SEC is welfare. will help us in the years to come. This back and on the right track. We all After review of the September 24 means that price is more important hold a common stake in its success. draft RFP that begins the new tanker than quality; that performance is not a The era of looking the other way is competition, I again have serious con- critical factor; that added capabilities, now behind us. The time has come to cerns that fairness and capability are technology that could help save the look forward. I hope my colleagues will being completely ignored. lives of our men and women in uniform join me not only in honoring the serv- For a moment, let me elaborate. As a and have an edge on the opposition, is ice of outstanding Federal employees result of the last protest, Northrop not a key factor in the draft RFP. of the SEC such as Erica Williams and Grumman was compelled to submit its The fact that the draft RFP is struc- her team but in recommitting our- proprietary, competitive-sensitive pric- tured so that cost is almost the only selves to help them pursue our common ing data to the GAO, which, in turn, component considered in the competi- goal. When it comes to protecting provided that critical information to tion makes the aforementioned pricing America’s investors, we must have one Boeing. Let me say it again. Boeing data issue even more relevant. heartbeat. now has all of Northrop Grumman’s When combined with Boeing’s knowl- I yield the floor and suggest the ab- competitive pricing information. Yet edge of Northrop Grumman’s pricing sence of a quorum. they are going to be competing again. data and not vice versa, it has become The PRESIDING OFFICER (Mr. Boeing knows exactly how the Nor- abundantly clear that the Department BROWN). The clerk will call the roll. throp Grumman team was able to offer of Defense and the Air Force have their The bill clerk proceeded to call the the best deal to the Department of De- thumbs on the scale in favor of Boeing. roll. fense during the last competition. Boe- As was clearly shown in the previous Mr. SHELBY. Mr. President, I ask ing knows all of Northrup Grumman’s competition, Boeing has a less capable unanimous consent that the order for bidding strategies. airframe, but Boeing now has all of the quorum call be rescinded. In a competition for a defense con- Northrop Grumman’s pricing data and The PRESIDING OFFICER. Without tract, nothing is more carefully pro- a full understanding of Northrop Grum- objection, it is so ordered. tected than a company’s pricing and man’s bidding strategies. This informa- Mr. SHELBY. Mr. President, I ask bidding strategy. tion is the holy grail for Boeing that unanimous consent to speak as in Let me remind my colleagues here provides them with everything nec- morning business. that Northrup Grumman/EADS offered essary to surely submit a lower cost The PRESIDING OFFICER. Without a clearly better plane, at a price that bid for their less capable aircraft. objection, it is so ordered. was $3 billion less than Boeing. And If this matter should not be a con- AIR FORCE TANKER COMPETITION now, today, Boeing knows how they did cern, then there should be no issue Mr. SHELBY. Mr. President, I rise it. whatsoever with the Department of De- today to speak about the recently re- Northrop Grumman has repeatedly fense providing Boeing’s prior data to started Air Force KC-X tanker com- asked the Department of Defense to Northrop Grumman because Boeing, petition. level the playing field by providing again, has Northrop Grumman’s data, On February 29, 2008, after a lengthy them—Northrop Grumman—with as they recompete. competition, the U.S. Air Force an- Boeing’s pricing information from the In order for this competition to be nounced that the team of Northrop previous competition. To date, the untainted, to be fair, to be at the level Grumman and EADS was selected to Pentagon has continually denied Nor- of openness and transparency that my deliver the best, most capable tanker throp Grumman’s requests. The De- colleagues and I were repeatedly as- to our warfighters, at a price of $3 bil- partment of Defense has stated that sured would be the case, I believe it is lion less than their rival Boeing’s offer. Northrop Grumman’s pricing and bid- imperative that Northrop Grumman be It was only after the GAO sustained a ding strategies are not relevant issues allowed to obtain Boeing’s pricing data mere 8 out of 111 complaints submitted in the current competition, and that from the last tanker competition and by the losing team—Boeing—that the the data is outdated. that the competition shift away from

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.037 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10280 CONGRESSIONAL RECORD — SENATE October 8, 2009 purely a cost basis to what is best for U.S. Marshals and the ATF agents, who MAKING APPROPRIATIONS FOR the warfighter. put their lives on the line in dangerous AGRICULTURE, RURAL DEVELOP- It makes no sense for a procurement foreign countries to protect our Nation MENT, FOOD AND DRUG ADMIN- process that has been continually ham- and our citizens, eligible for danger ISTRATION AND RELATED AGEN- pered by scandal, delays, and jail time pay. CIES PROGRAMS FOR THE FIS- for certain officials to begin the latest The U.S. Marshals and ATF agents CAL YEAR ENDING SEPTEMBER version of this competition with such are actively assisting Mexican law en- 30, 2010—CONFERENCE REPORT an absurdly uneven playing field. forcement and the Mexican military in The PRESIDING OFFICER. The re- As we go forward, it is my sincere one of the bloodiest wars in the world port will be stated. hope that the safety of our warfighters today—the Mexican drug war. There The assistant legislative clerk read and the security of our Nation will behave been nearly 10,000 drug war mur- as follows: come the priority, as it has been in the ders and deaths in Mexico since Janu- The committee of conference on the dis- past, this time and decisions will not ary of 2007. President Calderon has de- agreeing votes of the two Houses on the be based on political pressures that un- ployed 45,000 troops and 5,000 Federal amendment of the Senate to the bill (H.R. fairly tilt competition. police to 18 Mexican States to help 2997), making appropriations for Agriculture, Unless the Department of Defense combat these cartels. Rural Development, Food and Drug Adminis- and the Air Force live up to their com- Every week, we read about the grue- tration, and Related Agencies programs for some murders of Mexican law enforce- the fiscal year ending September 30, 2010, and mitment of impartiality and trans- for other purposes, having met, have agreed parency, I am fearful that our ment officers, many of whom have our own Federal agents serving at their that the House recede from its disagreement warfighters will have to settle for sec- to the amendment of the Senate and agree to ond best. Apparently, that is just fine side. Currently, FBI and DEA agents the same with an amendment and the Senate with some, as long as Boeing wins. receive danger pay in Mexico, while agree to the same, signed by a majority of I yield the floor. U.S. Marshals and ATF agents do not. the conferees on the part of both Houses. THE PRESIDING OFFICER. The I believe it is outrageous that these (The conference report is printed in Senator from Maryland is recognized. agents—our agents—serving their the House proceedings of the RECORD of Mr. CARDIN. Mr. President, I ask country and risking their lives on a September 30, 2009) unanimous consent to speak as in daily basis, do not receive this com- Mr. KOHL. Mr. President, I rise in morning business. pensation like their Department of support of the conference report on The PRESIDING OFFICER. Without Justice counterparts. H.R. 2997, the Agriculture, Rural Devel- objection, it is so ordered. This amendment I offer on behalf of opment, Food and Drug Administra- (The remarks of Mr. CARDIN per- myself and Senator FEINSTEIN simply tion, and Related Agencies Appropria- taining to the introduction of S. 1765 brings danger pay parity to the Depart- tions Act for 2010. are printed in today’s RECORD under ment of Justice Federal law enforce- This bill includes total spending of ‘‘Statements on Introduced Bills and ment officers working in dangerous for- $121.1 billion. Of the total, $97.8 billion Joint Resolutions.’’) eign countries. This amendment, I be- is for mandatory programs, and $23.3 Mr. CARDIN. Mr. President, I yield lieve, has a lot of merit, and although billion is for discretionary programs. the floor and suggest the absence of a Senator MIKULSKI is not here right The discretionary spending in this bill quorum. now, I believe she would join with me is an increase of $2.7 billion and is The PRESIDING OFFICER. The in support of this amendment. within our 302(b) allocation. clerk will call the roll. Mr. President, I suggest the absence This bill funds a range of programs The assistant bill clerk proceeded to of a quorum. that help improve the lives of Ameri- The PRESIDING OFFICER (Mr. call the roll. cans every day. FRANKEN). The clerk will call the roll. Mr. SHELBY. Mr. President, I ask It provides more resources for food The assistant bill clerk proceeded to and drug safety. unanimous consent that the order for call the roll. the quorum call be rescinded. It delivers low-income housing and Mr. KOHL. Mr. President, I ask unan- supports rural communities who need The PRESIDING OFFICER. Without imous consent that the order for the objection, it is so ordered. sanitary water systems. quorum call be rescinded. It fully funds the WIC, SNAP, School AMENDMENT NO. 2625 The PRESIDING OFFICER. Without Lunch and School Breakfast Programs. Mr. SHELBY. Mr. President, I now objection, it is so ordered. It expands the Commodity Supple- call up amendment No. 2625. ORDER OF PROCEDURE mental Food Program and the Child The PRESIDING OFFICER. Is there Mr. KOHL. Mr. President, I ask unan- and Adult Care Feeding Program. objection? imous consent that at 3:30 p.m., the It significantly expands the McGov- Without objection, it is so ordered. Senate proceed to the consideration of ern-Dole Program so children in devel- The clerk will report. the conference report to accompany oping countries can get school meals. The assistant bill clerk read as fol- H.R. 2997, the Department of Agri- Often, that is the only reason they lows: culture, Rural Development, Food and come to school. The Senator the from Alabama [Mr. SHEL- Drug Administration Appropriations It bolsters agricultural research so BY], for himself and Mrs. FEINSTEIN, proposes Act; that debate time on the con- we can produce better crops and feed an amendment numbered 2625. ference report be limited to 30 minutes, more people more efficiently. The amendment is as follows: equally divided and controlled between It funds conservation, community de- (Purpose: To provide danger pay to Federal Senators KOHL and BROWNBACK or their velopment, animal and plant health, agents stationed in dangerous foreign field designees; that if points of order are trade, and much more. offices) raised, any vote on the motions to We worked closely with our counter- On page 170 at the end of line 19 insert the waive occur beginning upon the use or parts in the House to come to satisfac- following: yielding back of time; and that fol- tory agreements on issues about which SEC. XXX. Section 151 of the Foreign Rela- lowing the disposition of the points of we had differing views. tions Authorization Act, Fiscal Years 1990 order, and if the motions to waive are We included compromise language on and 1991 (Public Law 101–246, as amended by successful, then at 4 p.m., the Senate the reimportation of Chinese poultry, section 11005 of Public Law 107–273; 5 U.S.C. 5928 note) is amended: then proceed immediately to vote on setting up a stringent system to pro- (a) by striking ‘‘or’’ after ‘‘Drug Enforce- adoption of the conference report; that tect public health. This language meets ment Administration’’ and inserting ‘‘, the’’; upon adoption of the conference report, all of our WTO requirements and has and (b) inserting after ‘‘Federal Bureau of In- the Senate then resume consideration been endorsed by all sides. vestigation’’: ‘‘, the Bureau of Alcohol, To- of H.R. 2847, and the Ensign motion to We included critical funds to aid the bacco, Firearms and Explosives or the recommit with 2 minutes prior to a dairy sector which is suffering from United States Marshals Service’’. vote in relation to the motion, with no historically low prices. Some will be Mr. SHELBY. Mr. President, I, along amendments in order to the motion. used to purchase dairy products for with Senator FEINSTEIN, have offered The PRESIDING OFFICER. Without food pantries, and the rest will provide this amendment that would make the objection, it is so ordered. direct relief to producers.

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.039 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10281 We fund development of new food aid Chairman KOHL on that. He has worked save lives. I always consider it a great products to provide higher nutritional on this many years. This has been my day if we can save a person’s life by content for food aid recipients; most of first year as ranking member. some policy move we are making that these products have not been updated In particular, I would like to note may make things work better. These for nearly two decades. two areas we made key investments in are a couple of them. Overall, this bill is properly bal- that are important for the country and Another area the chairman and I anced. It provides appropriate funding to save people’s lives. One is in the food have been working on is the issue of and direction for the Department of and drug piece of this bill. The FDA is food aid. Here, I have had a lot of dis- Agriculture, FDA and other agencies. also appropriated in this bill. appointment in the fact that we put a We worked to ensure that the concerns One of those areas is rare and ne- lot of money in food aid and then not a of all Senators were addressed, and I glected diseases. There is language in- lot of it hits the target. For every dol- believe we have been successful. cluded in this bill that creates two lar we put in food aid, 60 percent is I am very encouraged by the process groups within FDA to examine the eaten up by transportation and admin- that brought us to this point, and I am agency’s approach to rare and ne- istration. So 40 percent gets to the per- grateful to my ranking member, Sen- glected diseases in the developing son who actually needs it. ator BROWNBACK, and others who have world and here. A lot of these are food aid situations been instrumental in its success. Unfortunately, a number of people in where it costs a lot to get the food I strongly encourage all Senators to the United States get diseases that there. Going into the interior in Sudan, support this bill. maybe only 100,000 people get. That it just costs a lot to get there, there is The PRESIDING OFFICER. The Sen- sounds like a big number, and it is a no question. But still I have to think ator from Kansas. big number, but to a drug company we can do this better. We are starting Mr. BROWNBACK. Mr. President, I looking at making an investment and to look at that but also pilot projects thank my colleague, Senator KOHL, then being able to develop a cure, it is to help develop new food aid products who chairs this committee. This is the looking for a much larger marketplace. and to develop micronutrient-fortified first year for me to be ranking mem- What we are asking in this bill is, are foods for infant through schoolage chil- ber. He has been a delight to work there ways within the FDA, for a rare dren, pregnant or nursing mothers. We with. disease or neglected disease, for us to haven’t developed a new food aid prod- A number of issues are addressed in cut down the cost process to develop a uct in over 20 years. The last one was this bill. The centerpiece is the agri- new drug? Otherwise, we are not get- a corn-soybean blend which is a good culture industry. It is of key impor- ting any research into how we take product. But I know the chairman and tance. It is interesting to note, in this care of diseases for somebody who is I don’t eat the way we did 20 years ago. economic downturn we are in, that the one of 50,000 who get it, and there is You kind of understand the body moves agriculture industry has had a great nothing going on research-wise to help a little differently. deal of difficulty, although it has been them. I had a lady in my office this This area of micronutrients is the one of the stronger industry sections morning who had a disease in this cat- area that most researchers believe that we have had during this period. That is egory. She was basically told by her if the world would invest in it, it is the in no small part because of the physician when she got diagnosed: You highest yield category for us to save strength of the industry, the willing- should get your affairs in order. That is and positively affect the most lives, an ness of people to work, to invest ag- not an acceptable answer, particularly investment in micronutrients. It may gressively, to work hard, and to pay at- as a policymaker. be a corn-and-soybean blend, but it tention to details. We have two groups in here looking also has vitamin additives put into it For us to support the research enti- at rare or neglected diseases and how for that infant, that nursing mother, ties underneath it—a lot of that is in do we cut the cost of developing that that person with AIDS or malaria. We this bill. So we are researching aggres- drug so that a pharmaceutical com- have invested a lot to try to save the sively what we can do to produce pany or others could say: This doesn’t person with AIDS or malaria, but now things efficiently, effectively, that the affect a lot of people, but my entry they really can’t get better because marketplace wants. It is a great export cost is lower, so I will look at this, I they don’t have the nutrition in their industry. It is one that provides a lot will go into this field. Our hope is we body they need. We get that into the of exports out of my State, out of the can stimulate some research in this system. State of the chairman, and the States country. I am excited about these steps and of other Senators. That research is im- Then neglected diseases around the pilot projects, what we might be able portant. That is what is in the bill, the world that can affect huge numbers of to find out in these categories and do research and development industry. people—the World Health Organization to save lives. These are well-spent That is the primary piece of it. It is says that more than a billion people, funds. not the total, but it is a key part. nearly one in every six persons world- It is tough economic times for us as Looking into the future, I can see wide is affected by at least one of the a country. These are critical issues for that places we need to go are in things neglected diseases. This isn’t a small us. I am always looking at ways we can that will require the research for us to category, but they happen to be in hold the budget numbers down because be able to move forward, things such as countries that don’t have high per cap- I think we really have to get our budg- cellulosic ethanol where people are ex- ita income. So again a company looks et under control. These are ones that cited about doing the grain-based eth- at this and says: There are a lot of peo- have been good and wise investments. anol. We need to have a stream from ple affected, but there is no income They are important places for us to cellulosic ethanol so we can produce level here, so I can’t go into it. Well- work in. more of our energy needs domestically known examples include malaria, tu- I am appreciative of being able to and renewably. That also goes into the berculosis, and cholera. They dis- work on these particular projects. As energy field, but it is a key part of ag- proportionately affect low-income pop- we move forward, looking at next year, riculture. It also grows jobs in rural ulations in developing countries. We I hope we can sharpen the pencil even areas where it is pretty hard at times are going at this issue too. more in areas that may have been a to grow jobs. People go to more con- I can’t think of a better place for us high priority in the past but they centrated regions and places, but we to invest more policy-wise than helping should not be now, for us to look at need them in rural areas. If we can in- to save people’s lives. People tend to ways we can control and get our budget vest and if we can show ways people like you more when you help save their down. And then you move that money can invest and make money in rural lives. This affects a broad cross-section either into paying down the deficit so areas, going into food and fiber and of people around the world. And we the deficit is much lower or you say: If fuels and pharmaceutical products, have the marketplace, the technology we are going to put things in higher in- these are things that can really work to work on it, if we can cut the cost vestment areas, we move them from for us and for our people and around down. These two really track together, low-investment to high-investment re- the world. I am pleased to work with and they are very important for us to gions, and that we would emphasize

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.034 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10282 CONGRESSIONAL RECORD — SENATE October 8, 2009 ourselves and work in the committee consin, California, Colorado—rural The conference report provides $23.3 to see what areas are there that we America is hurting.’’ billion in discretionary budget author- should be taking money out of to put The Senator from Vermont went on ity for fiscal year 2010, which will re- into higher need categories or to put to say that ‘‘I know the people familiar sult in new outlays of $17.7 billion. back against the deficit that is just with dairy always say these are great When outlays from prior-year budget running way too high for us as a coun- regional fights, the Northeast is fight- authority are taken into account, non- try. ing the Midwest is fighting the South- emergency discretionary outlays for We all know that. This deficit is way east is fighting the West coast, and the bill will total $24.9 billion. too high. It is nonsustainable. We need every region has its own set of prior- The conference report matches its to sharpen our pencil every bit we can ities. This is not a regional issue, this section 302(b) allocation for budget au- in these committees to do our part. I is a national issue.’’ thority and is $120 million below its al- hope we can really spend some time I ask the Senator from Vermont, was location for outlays. this next year, even as we line up for it your intention that emergency as- The bill is not subject to any budget the appropriations process, holding sistance be provided to dairy farmers points of order. hearings on what are low-priority in every region of the country? I ask unanimous consent that the areas, what we can cut out of this Mr. SANDERS. Yes, that is correct. table displaying the Budget Committee budget. We tend to mostly focus on Mrs. BOXER. I thank the Senator scoring of the bill be printed in the new ideas, new programs, and those are from Vermont. If I may ask the Sen- RECORD. good and important, but in these budg- ator from Wisconsin, as the lead Sen- There being no objection, the mate- etary times, we have to spend some ate negotiator, can you tell us how the rial was ordered to be printed in the time asking: What is it we could do conference committee intended these RECORD, as follows: without? That would be important for funds to be used when crafting the final H.R. 2997, AGRICULTURE, RURAL DEVELOPMENT, FOOD us to do. language? It has been a pleasure to work with Mr. KOHL. Let me start by saying AND DRUG ADMINISTRATION AND RELATED AGENCIES the chairman. I urge colleagues to vote that I appreciate the guidance and APPROPRIATIONS ACT, 2010 for the conference report and to send it input I have received from my Cali- [Spending comparisons—Conference Report (in millions of dollars)] on to the President. fornia colleague throughout this proc- General I yield the floor. ess. purpose CONGRESSIONALLY DIRECTED SPENDING The bill before us provides $290 mil- Conference Report: Mr. KOHL. Mr. President, it has been lion to the Secretary under broad au- Budget Authority ...... 23,304 Outlays ...... 24,905 brought to my attention that the Con- thorities to assist our Nation’s dairy Senate 302(b) Allocation: gressionally directed spending items farmers. The conference report does Budget Authority ...... 23,304 Outlays ...... 25,025 table in the statement of managers to not direct any form this assistance Senate-Passed Bill: accompany the Fiscal Year 2010 Agri- shall take—an approach that was the Budget Authority ...... 23,400 Outlays ...... 25,030 culture, Rural Development, Food and result of a hard-fought negotiation House-Passed Bill: Drug Administration, and Related with the House. Many members would Budget Authority ...... 22,900 Outlays ...... 24,686 Agencies Appropriations Act mistak- have preferred to distribute this assist- President’s Request: enly listed Senator HUTCHISON as re- ance through the MILC program for- Budget Authority ...... 22,980 questing funding for the medicinal and mula. In fact, I must admit that such Outlays ...... 24,904 Bioactive Crops research project an outcome would have been my pref- Conference Report Compared To: Senate 302(b) allocation: through the Agricultural Research erence since programs such as MILC Budget Authority ...... 0 Service. Additionally, Senator would greatly benefit my farmers in Outlays ...... ¥120 Senate-Passed Bill: HUTCHISON’s name was mistakenly Wisconsin. But I knew that dairy farm- Budget Authority ...... 96 omitted from the table for the Grain ers all across the country are suffering Outlays ...... 125 House-Passed Bill: Sorghum research project through the and an approach couched in inherently Budget Authority ...... 404 National institute for Food and Agri- regional terms would not meet the test Outlays ...... 219 President’s Request: culture and the Range Revegetation for for national acceptance. Budget Authority ...... 324 Ft. Hood conservation project through I understand the MILC program Outlays ...... 1 the Natural Resources Conservation would impose limitations difficult for Note: Table does not include 2010 outlays stemming from emergency Service. some regions to accept, and for that budget authority provided in the 2009 Supplemental Appropriations Act (P.L. Mr. BROWNBACK. I agree with reason a more general authorization 111–32). Chairman KOHL and appreciate him was employed to provide greater re- Mr. MCCAIN. Mr. President, today bringing these items to the Chamber’s gional fairness in the distribution of the Senate turns to the conference re- attention. assistance. My understanding is that port for H.R. 2997, the Agriculture ap- EMERGENCY DAIRY ASSISTANCE the Secretary has three main goals in propriations bill for fiscal year 2010. Mrs. BOXER. Mr. President, I thank mind in administering this assistance: This bill spends about $120 billion in di- the Senator from Wisconsin and the No. 1, the payments must be directed rect and mandatory spending. This is Senator from Vermont for joining me to actual dairy farmers, No. 2, the pay- on top of the $108 million that was pro- to discuss $350 million in emergency ments must go out as quickly as pos- vided under the fiscal year 2009 omni- dairy assistance funding included in sible, and No. 3, the payments must re- bus bill, as well as the infamous eco- the fiscal year 2010 Agriculture, Rural flect as much regional equity and fair- nomic stimulus package, which pro- Development, and Food and Drug Ad- ness as possible. I agree with these vided another $26.5 billion in Ag spend- ministration Appropriations Act con- three principles and trust that the Sec- ing. ference report. retary will carry out this assistance in I acknowledge that many of the pro- I had a very encouraging meeting that fashion. grams funded by this bill are valued for with the Secretary of Agriculture Mrs. BOXER. I thank the Senator providing important services to the ag- where he informed me that he intends from Wisconsin for his views and say riculture community at large, and I to distribute emergency dairy assist- further that his understanding of the commend the members of the Senate ance funds included in the conference Secretary’s goals is correct. I thank Appropriations Committee for report- report in a way that is regionally equi- my colleagues for joining me to discuss ing this bill in a timely manner. I table, and to do so as quickly as pos- this issue. agree that we should ensure that our sible. Mr. CONRAD. Mr. President, I rise to farmers stay out of the red, and that As the author of the amendment to offer for the record, the Budget Com- some Federal involvement is necessary the fiscal year 2010 Agriculture appro- mittee’s official scoring of H.R. 2997, to assist low-income families under nu- priations bill that added $350 million in the Agriculture, Rural Development, trition programs. Unfortunately, Con- emergency dairy assistance funds, the Food and Drug Administration and Re- gress once again has conformed to the Senator from Vermont stated on the lated Agencies Appropriations Act for practice of diverting precious taxpayer floor that ‘‘whether it is Vermont, Wis- fiscal year 2010. dollars into an array of special interest

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.047 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10283 pork projects which have not been au- strike every earmark as well as cut food science and agricultural research thorized or requested by the adminis- funding to several USDA programs that meets Hawaii’s unique needs and tration. that the President proposed for termi- that bolsters American competitive- When the bill passed the Senate nation including the ARS facilities ac- ness in such areas as floriculture, trop- shortly before the August recess, the count. It should come as no surprise ical fruit, and aquaculture. bill carried with it 296 ‘‘Congression- that my amendments were defeated at Watershed and flood prevention ally Directed Spending Items’’ a fancy every turn by appropriators on both projects in Hawaii also receive appro- new term for earmarks—totaling over sides of the aisle. priate attention in this bill. Recent $220 million. Now that conferees have These projects may be meritorious droughts underscore the importance of had their chance to feed at the trough, and helpful to the designated commu- watershed projects to increase water the number of earmarks has grown to nities, but considering our current storage capacity, delivery system effi- 461 totaling over $360 million. None of budgetary crisis, it’s inappropriate to ciency, and water conservation. these projects were requested by the include them on this year’s agriculture Projects on Maui and the Big Island administration. Many of them were not spending bill, especially when they will help make progress on the plan- authorized, or competitively bid in any have been identified for termination or ning and construction of projects deal- way. No hearing was held to judge reduction. I hope my colleagues will ing with the limited natural resource whether or not these were national pri- agree that we have higher spending pri- of water. orities worthy of scarce taxpayer’s dol- orities that are directly related to the Funding in the bill also includes pro- lars. purposes of this agriculture bill. This grams to control invasive species in Let’s take a look at some of the ear- bill is intended to address farmers, Hawaii such as termites, brown tree marks that are in this bill: $2 million women, children, and rural commu- snakes, coqui frogs, and other alien for a fruit laboratory in West Virginia; nities with the greatest need, not for pests and weeds that threaten agricul- $819,000 for catfish genome research in piggybacking pet projects that garner tural lands and sensitive ecosystems. Alabama; $360,000 for a corn ethanol re- the support of special interest con- Hawaii is the only domestic supplier of search plant in Washington, DC; $75,000 varroa mite-free queen bees for honey to promote childhood farm safety in stituents. I know that many of my colleagues producers and pollinators, and there- Iowa; $250,000 for the Iowa Vitality have spoken about the economic strug- fore the mite eradication efforts cul- Center; $700,000 to improve cattle gles of America’s hardworking farmers tivated by this legislation are of na- health in Maine; $300,000 to develop and low-income families. The farmers tional importance. Similarly, farmers ‘‘Best Practices in Agriculture Waste and struggling families I know are in the continental United States will Management’’ in California; $1.3 mil- their tired of watching their hard- benefit from the establishment of a fa- lion for greenhouse nurseries in Ohio, earned money go down the drain. cility to provide a secure supply of which weren’t requested by the admin- I will oppose this conference report sterile fruit flies used to control fruit istration; $2.9 million for shrimp aqua- and every other pork-laden bill that flies that are destructive to fruit crops. culture research in Arizona and Massa- comes before this body. Hawaii offers a premier location for chusetts; $693,000 for beef improvement Mr. INOUYE. Mr. President, I submit research in Missouri; $165,000 for maple rearing sterile fruit flies as four pestif- pursuant to Senate rules a report, and erous fruit fly species are already es- syrup research in Vermont; $195,000 to I ask unanimous consent that it be research how to increase the lifespan of tablished there. printed in the RECORD. In sum, this bill will fund programs peach trees in South Carolina; $349,000 There being no objection, the mate- meeting Hawaii’s unique needs in addi- for pig waste management in North rial was ordered to be printed in the tion to supporting local leadership that Carolina; $500,000 goes to the National RECORD, as follows: will aid agriculture nationally. I am Wild Turkey Federation in Nebraska, DISCLOSURE OF CONGRESSIONALLY DIRECTED glad to have advocated for this funding and $250,000 for the Kansas Farm Bu- SPENDING ITEMS reau Foundation for a workforce devel- and thank the senior Senator from Ha- I certify that the information required by waii, the Chairman of the Appropria- opment program. rule XLIV of the Standing Rules of the Sen- The largest earmark in this bill goes tions Committee, as well as the Chair- ate related to congressionally directed man and Ranking Member of the Sen- to Hawaii. The Aloha State bags $5 spending items has been identified in the million to continue construction of an conference report which accompanies H.R. ate Appropriations Agriculture, Rural Agriculture Research Service Center to 2997 and that the required information has Development, and FDA Subcommittee study agriculture practices in the Pa- been available on a publicly accessible con- for their work in crafting and man- cific. As my colleagues know, ARS congressional website at least 48 hours before a aging this bill. struction is one of the most heavily vote on the pending bill. The PRESIDING OFFICER. Who earmarked accounts in government. So Mr. AKAKA. Mr. President, I am yields time? much so that the President’s budget pleased that the Senate will pass H.R. Mr. BROWNBACK. I suggest the ab- actually proposed zeroing out ARS con- 2997, the Agriculture, Rural Develop- sence of a quorum and ask unanimous struction for fiscal year 2010 because: ment, Food and Drug Administration, consent that the time be equally charged to both sides. Congress routinely earmarks small and Related Agencies Appropriations amounts of funding for [ARS projects] lo- Act for Fiscal Year 2010 conference re- The PRESIDING OFFICER. Without cated throughout the nation. The result of port. objection, it is so ordered. scattering funding in this manner is that This legislation will fund important The clerk will call the roll. . . . few if any of the projects are able to programs, such as food safety inspec- The assistant legislative clerk pro- reach the critical threshold of funding that tion, agricultural research, and the ceeded to call the roll. Mr. KOHL. Mr. President, I ask unan- would allow construction to begin. Funding Supplemental Nutrition Program for construction over such a long time signifi- imous consent that the order for the Women, Infants, and Children. Pro- cantly increases the amount of money need- quorum call be rescinded. ed to fully complete these projects, as well grams such as these will benefit the en- The PRESIDING OFFICER. Without as postponing their completion for many tire Nation. My constituents will addi- objection, it is so ordered. years. tionally benefit from a number of Mr. KOHL. Mr. President, I ask for So here we have a program that is projects located throughout the State all the remaining time to be yielded earmarked so severely that it delays of Hawaii. back. and drives up the costs of approved The bill will stimulate food and agri- The PRESIDING OFFICER. Without construction projects. Not only are we cultural development in Hawaii objection, it is so ordered. funding this Hawaiian facility, but con- through projects tailored to the State’s Mr. KOHL. Mr. President, I ask for ferees approved 21 earmarks totaling needs. It will fund continued agricul- the yeas and nays. over $71 million for ARS facility con- tural development and resource con- The PRESIDING OFFICER. Is there a struction, some of them airdropped in servation programs through the local, sufficient second? conference. community-based leadership of Ha- There is a sufficient second. During Senate consideration of this waii’s four Resource Conservation and The question is on agreeing to the bill, I filed over 300 amendments to Development Councils. It will foster conference report.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.032 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10284 CONGRESSIONAL RECORD — SENATE October 8, 2009 The clerk will call the roll. start with appropriations bills. We Landrieu Murray Snowe The bill clerk called the roll. know we have to cut spending on enti- Lautenberg Nelson (NE) Specter LeMieux Nelson (FL) Stabenow Mr. DURBIN. I announce that the tlements. Leahy Pryor Tester Senator from West Virginia (Mr. BYRD) Let’s start now by living under last Levin Reed Udall (CO) and the Senator from Massachusetts year’s spending levels, instead of the Lieberman Reid Udall (NM) Lincoln Rockefeller (Mr. KERRY) are necessarily absent. large increases we are having on appro- Warner Menendez Sanders Webb Merkley Schumer The PRESIDING OFFICER (Mrs. priations bill after appropriations bill. Whitehouse Mikulski Shaheen MCCASKILL). Are there any other Sen- My motion allows the Appropriations Wyden ators in the Chamber desiring to vote? Committee to determine what levels Murkowski Shelby The result was announced—yeas 76, programs would be at, but we are not NOT VOTING—2 nays 22, as follows: going to allow across-the-board in- Byrd Kerry [Rollcall Vote No. 318 Leg.] creases. The motion was rejected. YEAS—76 The PRESIDING OFFICER. The Sen- Mr. LEAHY. Madam President, I Akaka Gillibrand Nelson (FL) ator from Maryland is recognized. move to reconsider the vote. Alexander Hagan Pryor Ms. MIKULSKI. Madam President, I Mr. REID. I move to lay that motion Baucus Harkin Reed vigorously oppose the motion. on the table. Begich Hatch Reid First, the bill is consistent with the The motion to lay on the table was Bennet Hutchison Risch budget resolution and the CJS sub- agreed to. Bennett Inouye Roberts Bingaman Johanns Rockefeller committee 302(b) allocation. UNANIMOUS CONSENT REQUEST—H.R. 3548 Bond Johnson Sanders Second, the bill is a product of bipar- Mr. REID. Madam President, I ask Boxer Kaufman Schumer Brown Kirk tisan cooperation reported out of the unanimous consent that the Senate Shaheen Brownback Klobuchar Appropriations Committee unani- proceed to the immediate consider- Shelby Burris Kohl mously. ation of H.R. 3548, which was received Cantwell Landrieu Snowe Cardin Lautenberg Specter Third, the consequences of cutting from the House. I further ask unani- Carper Leahy Stabenow the CJS bill to 2009 levels by excluding mous consent that a Reid substitute Casey Levin Tester the census would be devastating. If you amendment which is at the desk be Cochran Lieberman Udall (CO) take out the census and do a cut, guess agreed to; the bill, as amended, be read Collins Lincoln Udall (NM) Conrad Lugar Vitter whom you are cutting. First of all, you a third time and passed; the motion to Crapo McCaskill Voinovich are cutting Federal law enforcement. If reconsider be laid upon the table, with Dodd Menendez Warner you think this is a simple resolution, no intervening action or debate, and Dorgan Merkley Webb tell that to the FBI. If you think it is that any statements relating to the Durbin Mikulski Whitehouse Feingold Murkowski Wicker simple, tell it to the marshals who are bill be printed in the RECORD. Feinstein Murray Wyden chasing sexual predators. If you think The PRESIDING OFFICER. Is there Franken Nelson (NE) it is simple, tell it to the astronauts, objection? NAYS—22 who are waiting to make sure we put Mr. KYL. Reserving the right to ob- Barrasso DeMint Kyl the money in the budget to keep them ject. Bayh Ensign LeMieux safe as they go into space. The PRESIDING OFFICER. The Sen- Bunning Enzi McCain There is nothing simple about this ator from Arizona. Burr Graham McConnell Mr. KYL. Madam President, it is my Chambliss Grassley motion to recommit. I simply ask you Sessions understanding that we received this an Coburn Gregg Thune to reject the Ensign motion. Corker Inhofe Madam President, I ask for the yeas hour and a half ago. I have no doubt at Cornyn Isakson and nays. the appropriate time we will be able to NOT VOTING—2 The PRESIDING OFFICER. Is this a work out some kind of agreement. But Byrd Kerry sufficient second? There is a sufficient our side is going to need some time to look at it. We will need some Repub- The conference report was agreed to. second. lican ideas or amendments as well, and Mrs. FEINSTEIN. Madam President, The question is on agreeing to the motion. we will need a CBO score. I move to reconsider the vote and I At this time, I will have to, on behalf move to lay that motion on the table. The clerk will call the roll. The assistant legislative clerk called of Members on our side, pose an objec- The motion to lay on the table was tion. agreed to. the roll. Mr. DURBIN. I announce that the The PRESIDING OFFICER. Objec- f Senator from West Virginia (Mr. BYRD) tion is heard. COMMERCE, JUSTICE, SCIENCE, and the Senator from Massachusetts Mr. REID. Madam President, if I can just say—and I know others wish to AND RELATED AGENCIES APPRO- (Mr. KERRY) are necessarily absent. PRIATIONS ACT, 2010—Continued The result was announced—yeas 33, speak on this issue—we have found a nays 65, as follows: new stalling tactic. It is pretty new. It The PRESIDING OFFICER. The Sen- is CBO. Now I am sure everything is ate will continue consideration of H.R. [Rollcall Vote No. 319 Leg.] going to be ‘‘CBO.’’ I am sorry the con- 2847. YEAS—33 sent request was not granted. MOTION TO RECOMMIT Barrasso Ensign Lugar The PRESIDING OFFICER. The Sen- There will now be 2 minutes of de- Bayh Enzi McCain ator from Vermont. Brownback Graham McCaskill bate, equally divided, prior to a vote on Bunning Grassley McConnell Mr. LEAHY. Madam President, I was the motion offered by the Senator from Burr Gregg Risch going to call up an amendment, but I Nevada, Mr. ENSIGN. Chambliss Hatch Roberts think the Senator from New Hampshire The Senator from Nevada is recog- Coburn Hutchison Sessions Corker Inhofe Thune wishes to speak. I ask unanimous con- nized. Cornyn Isakson Vitter sent that the Senator from New Hamp- Mr. ENSIGN. Madam President, this Crapo Johanns Voinovich shire be recognized and I be recognized is a simple motion to recommit the bill DeMint Kyl Wicker after her. to put it at last year’s funding level, NAYS—65 Mr. REID. Madam President, if I may plus the money for the census. The cen- Akaka Cantwell Feinstein ask my friend, the chairman of the Fi- sus is once every 10 years, and it will Alexander Cardin Franken nance Committee, does he wish to allow for that funding increase. Baucus Carper Gillibrand speak? Begich Casey Hagan But in this era of record deficits and Bennet Cochran Harkin Mr. BAUCUS. That is correct, 2 min- uncontrolled Washington spending, we Bennett Collins Inouye utes. are living under last year’s spending Bingaman Conrad Johnson Mr. REID. Why don’t we let the levels with this motion. We need to get Bond Dodd Kaufman chairman of the Judiciary Committee Boxer Dorgan Kirk serious in this body about getting our Brown Durbin Klobuchar go for 30 seconds to offer an amend- spending under control. We have to Burris Feingold Kohl ment.

VerDate Nov 24 2008 05:40 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.049 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10285 I ask unanimous consent that Sen- is engaging in rescue activity or in the provi- (Purpose: To prohibit the use of funds for the ator BAUCUS be recognized following sion of emergency medical services.’’. prosecution in Article III courts of the (c) EFFECTIVE DATE.—The amendments Senator LEAHY and then Senator JACK United States of individuals involved in made by subsection (b) shall apply only to the September 11, 2001, terrorist attacks) REED. injuries sustained on or after January 1, 2009. At the appropriate place in title II, insert Mr. REID. And then Senator (d) OFFSET.—The total amount appro- the following: SHAHEEN. priated under the heading ‘‘SALARIES AND EX- SEC. ll. (a) PROHIBITION ON USE OF FUNDS The PRESIDING OFFICER. Is there PENSES’’ under the heading ‘‘GENERAL ADMIN- FOR PROSECUTION OF 9/11 TERRORISTS IN ARTI- objection to the leader’s request? ISTRATION’’ under this title is reduced by CLE III COURTS.—None of the funds appro- $1,000,000. Mr. GRAHAM. Reserving my right to priated or otherwise made available for the object, and I don’t intend to, I would Mr. LEAHY. Madam President, more Department of Justice by this Act may be advise my colleagues that somewhere than three decades ago Congress cre- obligated or expended to commence or con- in this line, I need a minute to call up ated the Public Safety Officers Bene- tinue the prosecution in an Article III court an amendment I wish to have pending. fits Program at the Justice Depart- of the United States of an individual sus- Mr. REID. Why don’t you do that— ment to provide assistance to the sur- pected of planning, authorizing, organizing, you will have a minute following Sen- viving families of police, firefighters, committing, or aiding the attacks on the ator LEAHY. United States and its citizens that occurred and medics who lose their lives or are on September 11, 2001. The PRESIDING OFFICER. Without disabled in the line of duty. objection, the Senator from Vermont is (b) ARTICLE III COURT OF THE UNITED The benefit, though, only applies to STATES DEFINED.—In this section, the term recognized for 30 seconds. public safety officers employed by Fed- ‘‘Article III court of the United States’’ AMENDMENT NO. 2642 eral, State, and local government enti- means a court of the United States estab- Mr. LEAHY. Madam President, I ask ties. lished under Article III of the Constitution unanimous consent that the Senate set With volunteers providing emergency of the United States. aside the pending business and call up medical service to many communities Mr. INOUYE. Mr. President, the Sen- my amendment at the desk, amend- all across the country, my amendment ate is now considering the 8th of 12 Ap- ment No. 2642. would remedy this gap in the P–S–O–B propriations bills reported by the Ap- The PRESIDING OFFICER. Without program by extending benefits to cover propriations Committee this year, the objection, it is so ordered. The clerk nonprofit EMS personnel who provide fiscal year 2010 Commerce, Justice, and will report. critical prehospital care. Science Appropriations bill. The assistant legislative clerk read We have been working to address this This bill includes total resources of as follows: gap in the Federal program for some $65.15 billion, an increase in funding of The Senator from Vermont [Mr. LEAHY] time, and the tragic loss earlier this $7.2 billion above the fiscal year 2009 proposes an amendment numbered 2642. year of Dale Long—a decorated EMT enacted level. While on first blush this Mr. LEAHY. I ask unanimous con- from Bennington, VT—reminded every- level of funding may appear generous, sent that further reading of the amend- one that first responders of many uni- Members need only to look at the ac- ment be dispensed with; and I ask forms literally put their lives at risk counts in this bill to understand the unanimous consent that I be allowed to every day. need for these additional funds. continue for 1 minute. These brave emergency professionals Specifically, fiscal year 2010 is the The PRESIDING OFFICER. Without never let their communities down when peak funding year for preparations for objection, it is so ordered. a call comes in, and no one ever asks the constitutionally mandated decen- The amendment is as follows: the lifesavers at an emergency scene nial census. As a result, an additional (Purpose: To include nonprofit and volunteer whether they work for the Federal gov- $4.1 billion above the fiscal year 2009 ground and air ambulance crew members ernment, a State government, a local omnibus enacted level is required for and first responders for certain benefits) government, or a nonprofit agency. My this account alone. amendment will erase that unneces- On page 170, between lines 19 and 20, insert The next largest increase is for the following: sary distinction from the P–S–O–B pro- science. On August 9, 2007, then-Presi- SEC. 220. BENEFITS FOR CERTAIN NONPROFIT gram. dent Bush signed into law the America EMERGENCY MEDICAL SERVICE I would like to thank a number of Competes Act, legislation that moved PROVIDERS. first responder groups—including the (a) SHORT TITLE.—This section may be through this Chamber with 69 cospon- American Ambulance Association, the cited as the ‘‘Dale Long Emergency Medical sors and passed the Senate by unani- International Association of Fire Service Providers Protection Act’’. mous consent. Fighters, the International Association (b) ELIGIBILITY.—Section 1204 of title I of That legislation called for the dou- the Omnibus Crime Control and Safe Streets of Fire Chiefs, and the Fraternal Order Act of 1968 (42 U.S.C. 3796b) is amended— of Police—for their assistance on this bling of science, technology, engineer- (1) in paragraph (7), by striking ‘‘public matter. I also would note that this ing, and mathematics funding for the employee member of a rescue squad or ambu- amendment is fully offset and cospon- purpose of investing in scientific inno- lance crew;’’ and inserting ‘‘employee or vol- vation and education to improve the sored by Senator SANDERS. unteer member of a rescue squad or ambu- competitiveness of the United States in lance crew (including a ground or air ambu- I hope the Senate can move quickly to approve this amendment, and I yield the global economy. lance service) that— This bill includes an increase of $1.7 ‘‘(A) is a public agency; or the floor. ‘‘(B) is (or is a part of) a nonprofit entity The PRESIDING OFFICER. The Sen- billion for NASA, NOAA and NSF serving the public that— ator from South Carolina. science programs, all of which con- ‘‘(i) is officially authorized or licensed to AMENDMENT NO. 2669 tribute to the goals of the America engage in rescue activity or to provide emer- Mr. GRAHAM. Madam President, I Competes Act and bolster our economic gency medical services; and ask unanimous consent to set aside the competitiveness. ‘‘(ii) is officially designated as a pre-hos- pending amendment and call up Finally, the bill provides for an in- pital emergency medical response agency;’’; crease of $580 million for the FBI which and amendment No. 2669. (2) in paragraph (9)— The PRESIDING OFFICER. Without allows that agency to continue its ef- (A) in subparagraph (A), by striking ‘‘as a objection, it is so ordered. forts to fight both terrorism and vio- chaplain’’ and all that follows through the The clerk will report. lent crime in this country. semicolon, and inserting ‘‘or as a chaplain;’’; The assistant legislative clerk read Senators MIKULSKI and SHELBY have (B) in subparagraph (B)(ii), by striking as follows: worked diligently to offer a strong bi- ‘‘or’’ after the semicolon; The Senator from South Carolina [Mr. partisan bill that tackles the needs of (C) in subparagraph (C)(ii), by striking the GRAHAM], for himself, Mr. MCCAIN, and Mr. law enforcement, supports scientific period and inserting ‘‘; or’’; and LIEBERMAN, proposes an amendment num- research in both space and in our (D) by adding at the end the following: bered 2669. ‘‘(D) a member of a rescue squad or ambu- oceans, and invests in scientific inno- lance crew who, as authorized or licensed by The PRESIDING OFFICER. Without vation and education. I applaud them law and by the applicable agency or entity objection, it is so ordered. for their hard work and bipartisan co- (and as designated by such agency or entity), The amendment is as follows: operation.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.055 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10286 CONGRESSIONAL RECORD — SENATE October 8, 2009 As with the other seven bills that large distributors. This crisis is real, about six applicants. There are too have come before the Senate for con- and the Department of Justice has many people unemployed—people seek- sideration to date, the committee sup- pledged to take a renewed look at coming jobs who cannot get jobs. So the ported their recommendations unani- petitive issues in the agriculture sector right thing to do, as we come out of mously, and the bill was reported out as a whole. This amendment is another this great recession, is to recognize of the Appropriations Committee on step to help ensure that competition those who are unemployed and help June 25 by a recorded vote of 30 to 0. exists in the agriculture sector. them tide things over to make sure This bill has been available for re- Mr. GRAHAM. Madam President, they are compensated. view by members for more than 3 this amendment is simple, direct, and The legislation we have introduced months, so if a Member has an amend- to the point. It would prohibit the use does that with 14 additional weeks for ment, they should be willing to come of funds for the Department of Justice all States, and also would provide addi- to the floor today and offer it. At this to prosecute the perpetrators of 9/11 in tional weeks for the hardest hit point, it makes no sense for Members article III courts. States—6 weeks of additional benefits to delay. What does that mean? That means for those States hardest hit, those Vice Chairman COCHRAN and I, along that Khalid Shaikh Mohammed, and States with the highest rates of unem- with the other subcommittee chair and people like him, who organized the at- ployment. This unemployment rate we ranking members have worked dili- tacks against our Nation on September are facing is going to continue. It is gently to restore regular order to the 11, 2001, would be tried by military not just a short-term phenomenon. appropriations process. We have come a commissions, not Federal courts. They There are estimates that we will see long way in responding to what was are not common criminals, they are rates up to 9.8 percent through most of asked of us at the beginning of the war criminals. They should be tried in even next year. year. a military setting, like other people I am very disheartened myself, but But for us to succeed, it takes the co- throughout the 200-year history of this more so for the folks who are going to operation of all Members of the Senate. country have been tried regarding acts be denied benefits by the action taken Therefore, I strongly encourage my of war against the United States. by the Republican side to object to ex- colleagues not to delay action on this The military commissions have been tending benefits to those folks who are bill. reformed. Thanks to Senator LEVIN and in need of them. I am hopeful at a later Mr. LEAHY. Mr. President, I am others, we have a great process that I point in time—very soon in fact; hope- pleased to cosponsor today an amend- would not mind our own soldiers being fully by next week—the other side will ment to require the antitrust division tried in. At the end of the day, we need see fit to let this legislation pass be- of the Department of Justice to carry not criminalize this war. There is a law cause it is sorely needed. I urge my col- out oversight, information-sharing, of armed conflict awaiting the defend- leagues to vote for it when it does and joint activities concerning com- ants that is fair and it is robust. It has come up next week. petition in the agriculture sector. Our adequate due process, but it recognizes The PRESIDING OFFICER. The Sen- Nation’s antitrust laws exist to pro- we are at war. And military commis- ator from New Hampshire. mote competition, which ensures that sions have been used throughout the Mrs. SHAHEEN. Madam President, I consumers will pay lower prices, and history of this country. They are bet- rise today to add my voice to Senator receive more choices of higher quality ter able to protect classified informa- BAUCUS in strong support of the Unem- products. The Department of Justice is tion. ployment Compensation Extension charged with enforcing these antitrust We need to be consistent. The people Act. This bill, as the Senator said, is who planned the attacks of 9/11 are not designed to help those families who are laws. Yet there are few industries in common criminals. They are people struggling in all 50 States by extending which there are more serious concerns who have taken up arms against the at least 14 weeks of unemployment about the state of competition than Untied States, and they should be ad- benefits to workers across the country the agriculture sector. Small farmers judged accordingly in a military tri- who are going to exhaust their benefits are suffering because the prices they bunal, which I think we have now de- by the end of this year. can charge for many of their products signed as the best in the world. I thank Majority Leader REID and continues to decline, and the level of There will be more to follow in this Chairman BAUCUS for bringing this bill concentration throughout the industry important debate. to the floor, and the many Senators could have a negative long-term im- With that, I yield the floor. and staff who have worked so hard to pact on the prices that consumers pay The PRESIDING OFFICER. The Sen- get this done, particularly Senator and the choices they have. ator from Montana. JACK REED, who is going to be speak- Since first coming to Washington, I Mr. BAUCUS. Madam President, ing, Senators CHRIS DODD and AMY have fought to help our family farmers what is the parliamentary situation? KLOBUCHAR. by ensuring a level playing field in What is pending? Through no fault of their own, many American agriculture. The consolida- The PRESIDING OFFICER. The of those who lost their jobs months ago tion in recent years throughout the ag- Graham amendment is pending to the still cannot find work. Five million riculture sector has had a tremendous CJS appropriations bill. workers have been unemployed for impact on the lives and livelihoods of UNEMPLOYMENT INSURANCE EXTENSION more than 6 months. That is an all- American farmers. It affects producers Mr. BAUCUS. I thank the Chair. time high, and it is why extending un- of most commodities in virtually every Madam President, on another sub- employment benefits in all 50 States is region of the country, and in my home ject, I wish to say I am very distressed so important. State of Vermont, it affects dairy that the other side objected to a re- When I am back in New Hampshire farmers. Farmers need a fair oppor- quest by the majority leader to pass and meeting families trying to get by, tunity to compete in the marketplace legislation offered by himself, by my- one thing is very clear: People want to and we must prevent giants in cor- self, and Senators REED and SHAHEEN go back to work, but they face one of porate agriculture from repeatedly to extend unemployment insurance the weakest job markets since the hurting them with unfair, discrimina- benefits. Great Depression. Until that job mar- tory, deceptive, and anticompetitive Our country faces very high unem- ket improves, we have a responsibility practices. ployment rates nationwide. In some to help those workers pay their mort- I held a field hearing last month in States, it is much worse than other gages and keep food on the table. Vermont to assess competitive issues States. It is only fair. It is the right Another very important reason why in the dairy industry. During that thing to do for the U.S. Government to we should support this, and why I am hearing, we heard from officials from recognize those folks who don’t have disappointed that our colleagues on the the Department of Justice and the jobs—to help tide themselves over until other side of the aisle have refused to United States Department of Agri- they get a job—with extension of un- come forward in support of this, is that culture. We also received first hand employment insurance benefits. extending unemployment benefits is a testimony from farmers whose busi- I think for every job that is available proven boost to our economy. Unem- nesses are suffering at the hands of in the United States today there are ployment compensation is money that

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.021 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10287 gets spent immediately on necessities. priate but inexcusable. This is some- try out of the economic problems in People who are out of work need this thing that affects every State in the terms of jobs. We do not want to wait money to help pay the rent, pay their country and it affects people who have 2 or 3 or 4 years for unemployment to mortgages, buy food, pay for gas. Ex- worked hard all their working lives and gradually come down. We can debate tending unemployment benefits is one now face unemployment, many for the all that. Should there be a second stim- of the most effective actions we can first time. The psychological shock is ulus? Should we do other things? What take to help get this economy moving great. Add to that the financial reality should we do about highway building? again, and I urge my colleagues to sup- that they can’t pay their bills, they Should we extend the home credit? port this important extension and to can’t pay the mortgage, and that adds These are all legitimate considerations quickly pass this critical legislation. another problem which I think cries we should debate. There will probably Madam President, I yield the floor. out for immediate action, not waiting be some differences. But in terms of The PRESIDING OFFICER. The Sen- for a score from CBO, not waiting to helping those unemployed, the vast ator from Rhode Island. see if there is something ancillary to majority of whom are unemployed Mr. REED. Madam President, I com- this that could be attached. This is a through no fault of their own, I don’t mend Leader REID and Chairman BAU- time and a moment to meet the needs think there can be much of a debate. I CUS for the work they have done to get of the American public, to do so re- don’t think there will be much of a de- this bill to the floor. I also commend sponsibly—and we have because it is bate. When it comes to the floor Senator SHAHEEN for her valuable con- fully offset—and not to delay. I urge through the good efforts of the Senator tribution to moving this forward. the speedy passage of this critical leg- from Montana and the Senator from I am disappointed, to say the least, islation. I hope Leader REID will be New Hampshire, my guess is it will be that we cannot move this legislation prepared to make a UC the next time overwhelmingly voted on. quickly. There are millions of Ameri- we are convened and that at that time Let’s not delay. Let’s move forward cans who are looking at the prospect of this measure can be passed unani- as quickly as we can to help those who, losing their unemployment compensa- mously. through no fault of their own right tion, others who have already lost it Madam President, I yield the floor, now, cannot find a job, try as they and, frankly, millions who may be and I suggest the absence of a quorum. might themselves. working but, sadly, may qualify short- The PRESIDING OFFICER. The I yield the floor and suggest the ably for unemployment compensation. clerk will call the roll. sence of a quorum. As my colleagues have pointed out, The legislative clerk proceeded to The PRESIDING OFFICER (Mrs. there are six job seekers for every job. call the roll. SHAHEEN). The clerk will call the roll. This unemployment crisis will con- Mr. SCHUMER. Madam President, I The legislative clerk proceeded to tinue, and the least we can do is to pro- ask unanimous consent that the order call the roll. vide people with some support while for the quorum call be rescinded. Mr. DURBIN. I ask unanimous con- they look for jobs and try to maintain The PRESIDING OFFICER. Without sent that the order for the quorum call their families. objection, it is so ordered. be rescinded. One point I wish to make—which Mr. SCHUMER. Madam President, I The PRESIDING OFFICER. Without should be very clear—is that this legis- want to support the words of the Sen- objection, it is so ordered. lation is fully paid for. This is not ator from New Hampshire and the Sen- Mr. DURBIN. Is there a pending order something that requires a CBO score in ator from Rhode Island about moving of business before the Senate? order to determine how it is used and the unemployment insurance extension The PRESIDING OFFICER. The ap- what the cost will be and how it will be forward. propriations act is pending, and there paid for. It is paid for by a continued We all know that joblessness is a tre- is an amendment pending to that. extension of the FUTA surtax for a mendous problem in this country. We Mr. DURBIN. Madam President, I year and a half—through 2010 and the can argue about which States should rise to discuss an amendment I filed first six months of 2011. So this is re- get the unemployment benefits and for that takes an important step to ad- sponsible legislation as well as criti- how much time, but if you are unem- dress the disturbing level of youth vio- cally important legislation. ployed, your household is 100 percent lence in the city of Chicago. My Again, as my colleagues indicated, unemployed. It doesn’t matter to you amendment would allow the Attorney this legislation will provide an addi- whether you are in a State where it is General to dedicate up to $5 million tional 14 weeks of unemployment in- a 6-percent or a 9-percent or a 12-per- from the Office of Juvenile Justice and surance benefits throughout the coun- cent rate. If you have been looking for Delinquency Prevention to commu- try. But as we have done on numerous a job for 26 weeks, you are in trouble nity-based, street-level violence pre- past occurrences, it will recognize that and your family is in trouble. vention efforts. even though there is pain everywhere, It is hard to believe on an issue such It breaks my heart to read the Chi- the pain is not distributed equally. as this, where you would think there cago newspapers and see the stories of There are States, such as my home would be some comity—you know, I senseless violence that occurs on a reg- State, where the unemployment rate is was on one of the TV shows with the ular basis. Stories such as that of Chas- extraordinarily high. It is a critical Senator from Texas and he agreed un- tity Turner, a 9-year-old girl who was need in Rhode Island where the unem- employment benefits should be ex- shot and killed last June while she ployment rate is nearly 13 percent. So tended. We talked about it on that washed her pet dogs outside her home for those States, there will be an addi- show. Yet we are now holding things in Englewood. Or Simeon Sanders, an tional 6 weeks, for a total of 20 weeks, up. But people can’t wait. They have Army soldier who was on furlough back for all States with an unemployment food to put on the table; they have home in the south suburbs when he was rate of 8.5 percent or above. families to keep together. They have a fatally shot in front of a community This has to be done quickly, because work ethic. When you can’t find a job, center this past July. Or 17-year-old as we speak there are 5.4 million Amer- try as you might, it eats at you. It is Corey McClaurin, a high school senior icans who have been unemployed for 6 one of the great things about Ameri- shot and killed by a gunman while sit- months or more. There are signs that cans. ting in his car just a few weeks ago. the economy may be recovering—credit I hope my colleagues will reconsider. Many of us have seen the shocking, markets, equity markets—but the un- I hope they will reconsider—yes, be- startling videotape of the beating employment markets still remain, un- cause the politics is not on their side death of 16-year-old Derrion Albert, fortunately, in a deep decline. We are here, but more important, because of buried in Chicago last Saturday. trying all we can do to reverse that, the substance. We have the worst un- These stories simply overwhelm us. but in the interim we have to be able employment we have had over a period My heart goes out to the families and to give people a chance to simply get of time since World War II, since the all the loved ones grieving for their by, and that is what this does. Great Depression. We can debate what loss. No one ever should have to face We are poised to pass this, and this we should ultimately do. We have to do the tragedy of losing a child to such unnecessary delay is not only inappro- more, in my opinion, to get this coun- senseless violence.

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.059 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10288 CONGRESSIONAL RECORD — SENATE October 8, 2009 All too often this violence ends up include Chicago in the Department of CeaseFire. It only permits—it doesn’t volving school-age children. We lose a Justice’s Comprehensive Anti-Gang mandate—the Attorney General to de- classroom’s worth of schoolchildren Initiative. This is a program which pro- vote up to $5 million of grant money each year to deadly shootings in Chi- vides extra money for selected cities from the Office of Juvenile Justice and cago and hundreds more are injured. for gang enforcement, prevention, and Delinquency Prevention for commu- Chicago is a great city. I love rep- prisoner reentry initiatives. At our re- nity-based violence prevention. resenting that city and being part of it. quest, the Justice Department included As Attorney General Holder men- It breaks my heart to think that for Chicago and has provided $2 million in tioned Wednesday in Chicago, the ad- many people across America, this is a additional Federal funding for this pur- ministration supports community- new image, an image of children being pose. based programs. This gives them the killed in the streets, shot, beaten. It I have also strongly supported the resources to make that work. It isn’t what the city is all about. It isn’t COPS Program and Byrne-JAG grants, doesn’t require an offset. It simply the values of the city. But we have to and so many other areas where we have broadens the purposes for which the ad- do better. Youth violence is dev- assisted law enforcement. Over the last ministration can use existing funds. astating to families, communities and 2 years, we have been able to provide The problem with youth violence is schools in Chicago and other urban dramatic increases in law enforcement not new, and it is not exclusively Chi- centers. funding for Chicago and Cook County. cago’s problem. But it is not inevitable Wednesday, Mayor Daley and the In fiscal year 2008, Chicago received either. We must help provide a safer, CEO of the Chicago public schools, Ron $1.4 million in Byrne-JAG local law en- more stable environment for these Huberman, met with Attorney General forcement grants. But this year, kids. It will take a sustained commit- Eric Holder and the Secretary of Edu- through the stimulus act passed by ment to do so. My amendment is a step cation, Arne Duncan, to talk about Congress at the inspiration of Presi- in that effort I hope my colleagues will ways to stop this epidemic of violence. dent Obama and through the fiscal support. I urge adoption of the amend- As this meeting demonstrated, officials year 2009 Justice Department spending ment when we return to the bill. at the local, State, and Federal level bill, we increased that amount to $35 I yield the floor. are committed to taking bold action. million, bolstering police efforts in The PRESIDING OFFICER. The Sen- Starting this year and using Depart- that area. ator from Ohio. ment of Education dollars that were The Chicago Police Department re- Mr. BROWN. Madam President, I made available through the economic cently was awarded funding for 50 new thank the Senator from Illinois for recovery package, the Chicago public cops on the beat through the $1 billion speaking out for justice in his commu- school system will provide an unprece- program the stimulus act provided for nity and across the country. dented degree of intervention and sup- hiring new cops. I ask unanimous consent to speak for port for school children who, according I know Attorney General Holder’s up to 2 hours, time which I will control to statistical indicators, are at the commitment to this issue. I know he is and disperse to others, as in morning greatest risk of being caught up in vio- genuine. I raised the matter with him business. lence. at a Senate hearing earlier this year. The PRESIDING OFFICER. Without This plan provides employment and He made clear the administration’s objection, it is so ordered. adult mentoring for at-risk students. It dedication to helping solve this prob- HEALTH CARE REFORM provides structure and guidance to help lem. Mr. BROWN. Madam President, I prevent them from becoming victims. Arne Duncan also is a true champion take the floor tonight with my col- This comprehensive youth violence of the city of Chicago, its schools and leagues Senators MERKLEY, STABENOW, plan will also involve coordination kids and families who depend on him. UDALL of New Mexico, CASEY, and with law enforcement, particularly to He wants to reduce violence and is WHITEHOUSE to talk about the public help secure areas on the way to and dedicated to it. option and why the public option is so from schools where kids tend to con- The efforts we are putting into Chi- important to our Nation and to im- gregate and where violence often cago have helped some. In the first 7 proving our health care system. I will flares. months of 2009, we saw an 11-percent speak for the first 10 minutes. Then I Ron Huberman is a very smart man. drop in homicides and a 9-percent drop will turn to Senator MERKLEY, who He runs our public school system in in all crimes. This is due, in large part, serves with me on the HELP Com- Chicago. Previously, he had been a Chi- to the dedicated efforts of law enforce- mittee and has done such a terrific job cago policeman. He tried to analyze the ment. But while beefed-up law enforce- helping to write the health care bill. I school violence and come up an ap- ment is essential, it is not enough. We wished to start with something I have proach. What they did was to enlist have to do more to prevent children done for several weeks and that is to some experts who did basically a sta- from turning to violence. share letters from people in Ohio who, tistical profile of both the victims and I have worked with a group called by and large, have health insurance perpetrators of violence over the last CeaseFire, which goes into the most they were satisfied with. few years in Chicago. Who are these violent neighborhoods of Chicago and They thought they had a good health young people? How do they find them- tries to treat violence as if it is a pub- insurance policy. In these letters, typi- selves in these predicaments? What are lic health issue. How do you eradicate cally, people tell me when they get indicators that they are likely to be- a public health issue? With interven- sick, they have very costly health come violent in their own lives or be- tion. They do it on the streets. I have problems, long hospital visits, doctor come victims of violence? He found re- put—and I will use the word—earmarks visits, tests. They end up losing their curring patterns. What he has sug- in continuing appropriations bills year health insurance. The insurance com- gested, with the cooperation of Mayor after year for CeaseFire, a community- pany cuts them off because they have Daley, is intervention at an early age based program to bring peace to the become too expensive, which is not so we can get to these children before streets of Chicago. No apologies. It is even insurance. That has happened too they become victims, before they turn an earmark. I will put it in again, if I many times. That is one of the reasons to violent ways. It is an innovative and get a chance, because I believe they are this is so very important. thoughtful approach. I support it. saving lives, and it is money well I know Senator STABENOW gets let- I am pleased the Justice Department spent. ters from Lansing and Detroit. I know is providing substantial assistance to CeaseFire was reviewed by the Jus- Senator MERKLEY gets the same kind Chicago to combat crime. It has been tice Department in an evidence-based of letters from Eugene and Portland, one of my priorities in recent years to study and was found to have a signifi- from all over his State. make sure the Justice Department is cant impact in reducing shootings and Joyce from Ottawa County, west of doing all it can to partner with Chi- killings. The amendment I will offer, where I live on Lake Erie, writes: cago to try and stop youth violence. when we get a chance to return to this I am a 77-year-old great-grandmother who Last year, then-Senator Obama and I bill, will help enhance the efforts of knows how the expenses of health care cre- asked Attorney General Mukasey to in- crime prevention organizations such as ate a constant worry for families. My oldest

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.065 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10289 daughter and her husband have three chil- lems are increasing. People in their fif- I want to show, just for a moment, dren and they are in dire straights. He might ties and early sixties obviously have some of these CEO salaries for 2008. lose his job soon and she recently lost hers more health problems than people in This is in millions, in case you cannot after 13 years with the company. Their their thirties and forties. And that is see that directly on the chart: Aetna’s health coverage is due to expire in December and they have received estimates for cov- when they are losing their insurance. CEO’s salary, $24 million; CEO of erage of $1,000 a month. There is no way for That is why this legislation is so im- CIGNA, $12 million; CEO of Well Point, them to pay, and at age 54 and 61, they are portant for people and why the public $9.8 million; CEO of Coventry—it is not not [close to being] eligible for Medicare. My option will make our health insurance even an insurance company I am par- fear for my grandchildren and great grand- plan significantly better. ticularly familiar with—$9 million; children is that they struggle day after day Some 77 years ago, President Roo- CEO of Centene, $8.8 million; CEO of to find a job, care for themselves with pride. sevelt addressed the class of 1932 in my AmeriGroup, $5.3 million; CEO of They want to go to college but they know mother’s home State of Georgia. His Humana, $4.8 million; CEO of they will owe tens of thousands of dollars task was not an easy one: to give hope HealthNet, $4.4 million; CEO of Uni- when they graduate and still not be able to to young people beginning careers at find a job or afford health care. Please fight versal American, $3.5 million; and the for a public option to help my family. the worst moment possible. He may as poor man or woman at UnitedHealth well have been giving hope to Ameri- Joyce understands what the public Group, that CEO is only bringing in cans today who have lost a job and option will do. It will bring discipline $3.2 million. with it their health care. to the market to keep prices in check. The point is, these CEO salaries are FDR said: from these same companies that turned It will make health insurance compa- The country needs and, unless I mistake nies honest so they can’t dump people down somebody in Findlay, OH, or de- its temper, the country demands bold, per- nied care to somebody in Warren, OH, from their plans because they are more sistent experimentation. It is common sense expensive or because they have a pre- to take a method and try it: If it fails, admit because of a preexisting condition, or existing condition. They can no longer it frankly and try another. But above all, try they take a patient in Springfield, OH, discriminate based on disability or age something. The millions who are in want who has been a little bit too expensive or gender or geography. will not stand by silently forever while the for their company, and they have this Jill from Defiance, in northwestern things to satisfy their needs are within easy cap on their insurance costs, this an- reach. Ohio near the Indiana border, writes: nual cap, and they disqualify them It is time to try something different. Later this month, I’ll be losing my job due from further care. They practice their to the economy. I will no longer have health The insurance industry has had nearly rescission in order to pay these kinds insurance. Based on my unemployment pay, a century to provide coverage to all of CEO salaries. I will not be able to afford COBRA . . . Americans. It is safe to say, if we rely The public option will also protect COBRA is the extension of insurance on that industry to cover all Ameri- the public from insurance that is for people who have lost their jobs. cans now, we will be disappointed. If we unaffordable, unresponsive, and unreli- Under COBRA, the insured person has rely on them to take charge of our able. to pay both her side of the insurance health insurance system, as they have Our Nation should try something new policy and her employer’s side. When now—if we rely exclusively on them, when it comes to health reform, some- they lose their jobs, they rarely can to we will be disappointed again. thing that gives Americans more op- that. We need a public insurance option, tions and the insurance industry a rea- . . . I will not be able to afford COBRA and one that is designed to compete fairly son to cut out the fat from health in- pay for my house, utilities, [other] bills, and with private insurers but differs from surance premiums. food. Me and the other 150 people losing their them in two crucial aspects. No. 1, the Some of my colleagues in Congress job at the plant will be lucky to find new public plan will not pick and choose believe a public insurance option will jobs, let alone afford health insurance. We where to locate. Instead, it will offer harm the private insurance industry. need health reform now with a strong public coverage in every corner of this coun- That industry, however, has profited option. try—from the Presiding Officer’s State from competing with Medicare. Tax- Jill understands, as does a majority of New Hampshire, to Senator payers did not profit from that deal, of my colleagues and an overwhelming MERKLEY’s Oregon, to Senator but that is a story for another day. number in the House of Representa- STABENOW’s Michigan, to Ohio, and to The insurance industry profited from tives and an overwhelming number of Florida—it will offer coverage in every competing with Medicare, and it will the public—by 2 to 1—that the public corner of the country that is afford- profit from competing with the public option matters because it will make able, continuous, and patient-focused. option. There is simply no reason, sure people who don’t have insurance You do not see Medicare turning down when we have this competition, that now will go into an insurance exchange somebody for a preexisting condition the insurance companies will not con- and will have choices. They can choose like the insurance industry habitually tinue to make money. They are going CIGNA. They can choose Blue Cross, does in the country. to have 40 million new customers—40 Aetna. They can choose Medical Mu- Second, if the public plan takes in million new customers. Several million tual, an Ohio not-for-profit company, more premiums than it needs, it will will join the public option, to be sure. or they can choose the public option. It return those dollars to enrollees. Not a But these insurance companies will is all about choice. People can decide: dollar will go to Wall Street, not an- continue to find a way to make money Do I want the public option? I like other dollar will go to huge CEO sala- because they are competing. They will Medicare. Or do I want to go into a pri- ries—more on that in a moment—and be competing on a level playing field vate plan. not another dollar will go to massive with the public option. The last letter I will share is from ad campaigns. The insurance industry claims to be Brenda in Lorain County. She writes: For these and many other reasons, infinitely more cost-efficient and capa- My husband is retired but has to get insur- we need a public option. The public op- ble than a public plan could ever hope ance through a private insurance company. tion will protect the public from price to be. The same industry, though, on Neither of us will be eligible for Medicare. gouging. It will protect the public from the other hand, insists it will go under My husband for 3 years, me for 4 years. Our rescission tactics. That is an insurance if forced to compete—level playing plan is ridiculously overpriced and the pre- company word—‘‘rescission’’—that dis- field or not—against a public option. miums, deductibles, and co-pays have almost qualifies people who have insurance So think of it this way: On the one doubled in the 31⁄2 years since my husband retired. All this is happening as we get older from keeping their insurance. It will hand, the insurance industry tells us: and need health care. Please fight for health protect the public from insurance loop- We are going to be put out of business. reform including a public option. Every holes that deny you coverage, deny you The first thing the insurance compa- American citizen should have affordable care, and deny you financial protec- nies say is, the government cannot do health care without exception. tion. The public option will protect the anything right. The government is As Brenda points out, people who are public from premium markups that pay bloated. The government is bureau- so often losing their jobs are in their for outrageous CEO salaries and sales cratic. The government is inefficient. fifties and sixties. Their health prob- trips to Tahiti. They just cannot do anything right.

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.066 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10290 CONGRESSIONAL RECORD — SENATE October 8, 2009 But then they say: This public option, strument for bending the cost curve is opment tool for the State of Oregon. it is just going to put us out of business the public option because it is the pub- During the last downturn, we recruited because it is going to be so efficient. lic option that brings competition and Amy’s Kitchen—an organic food pro- So which way is it? Of course, we choice. This is as American as apple ducer—into southern Oregon because know how efficient Medicare is. What pie. competition and choice result in they could save $2 million a year in the public option is going to do is make better service and lower costs. workers’ compensation rates from the these private insurance companies a Much of our Nation—our health care place they were formerly doing busi- lot more efficient and make them ap- consumers—do not have a real choice. ness. proach the levels of efficiency in Medi- A couple companies dominate the mar- Well, this is what we need to do with care. ket, dictate the terms, deny folks cov- health care. We need to have competi- The private insurance industry is not erage, or drop coverage. So doesn’t it tion in every corner of this country. trying to help our Nation make the concern all of us a little that after We need to have choice in every corner right reform choices. It is trying to someone has paid their premiums for a of this country. We need to empower help our Nation put more tax dollars decade or 15 years or 20 years, and they consumers by giving them a commu- into insurers’ pockets. I do not want to get really sick, the insurance company nity health option or a public option. see all these 45 million people with says: We are not renewing your insur- Madam President, I am pleased to government subsidies who are going to ance? That certainly is not a health speak to the public option tonight, and get insurance forced into insurance care system. I look forward to comments from my company plans with no choice. When you do not have choices, you colleagues. I thank Senator BROWN The opponents to the public option do not have improved service, you do from Ohio. are saying: These people should not not have lower costs. But a public op- The PRESIDING OFFICER. The Sen- have choice, they should have to go tion changes that equation because it ator from Ohio. with their tax dollars—in some cases, introduces real competition in every Mr. BROWN. Madam President, I their subsidies or their own money— health care market in America. It adds thank the Senator from Oregon. We they should have to go into private in- another choice for our citizens in every will hear in a moment from Senator surance. We say: Let them choose to go health care market in America. STABENOW, who is a member of the Fi- into private insurance, but give them This is important to stress. This is a nance Committee, and who on that the opportunity to go into the public choice. My colleague from Ohio pointed committee has been so active in help- option. out this point, but I will point it out ing preserve people’s plans who have In my comments, I am not saying the again. Sometimes as to the idea of in- insurance who are satisfied with it, and insurance industry is evil. The insur- troducing a community health plan or building those consumer protections ance industry is loyal to their share- a public option, it is attacked by say- around those plans. She has also been a holders. They want to make a buck. ing: What does government do well? strong advocate in the Finance Com- They do not have rules. They are al- Why would we want a plan from the mittee for the public option and all lowed to disqualify people. We are government? Then the same critics that comes with that. turn around and say: The government going to change the rules so they are I yield to Senator STABENOW. is going to create a public option that not allowed to do that. The PRESIDING OFFICER. The Sen- We need a public-private solution is going to work so well it is going to ator from Michigan. that addresses the needs of every drive every other option out of exist- Ms. STABENOW. Madam President, I ence. American and discourages wasted thank Senator BROWN. You cannot have it both ways, and spending. That is why I support a pub- I want to thank my friend from neither extreme is accurate. Ohio—and before he leaves, my friend lic option. That is why I believe my We have seen this idea work in many from Oregon as well. We are so proud colleagues should too. States in related areas. For example, in and happy to have the Senator from As FDR said, it is time to do some- the State of Oregon, 20 years ago, Or- Oregon with us as one of our terrific thing. It is time to do the right thing. egon’s workers’ compensation market Members, coming from being the Madam President, I yield as much was a mess. It is a form of insurance, time as he would need to Senator and it is a form of health insurance. It speaker of the house in Oregon, and MERKLEY. is a form of insurance for workers on leading on energy and being passionate The PRESIDING OFFICER. The Sen- the job. We made reforms to that mar- on health care and jobs. It is just won- ator from Oregon. ket in the last 20 years, including a re- derful having the Senator with us. So Mr. MERKLEY. Madam President, I designed public option that resulted in we appreciate his advocacy on this im- thank very much my colleague from premium rates that are today less than portant issue. Ohio, and I appreciate his advocacy for half of what those rates were 20 years I want to thank my friend from Ohio. the working people of America, work- ago. I think we have States that are more ing to make America work for working Let me repeat that. As a result of our alike than any two States I can think Americans, both in terms of jobs and in reforms with a redesigned public option of in the Senate because of the chal- terms of our health care system. in Oregon’s workers’ compensation lenges that have undergone the auto I rise tonight as well to address the market in the last 20 years, it has re- industry and manufacturing—the ex- importance of a public option. Here is sulted in premium rates today that are tent to which we understand that fair where we are right now. We are within less than half of what they were 20 trade is important, that health care reach of a historic opportunity to pro- years ago. That is the result of intro- and jobs are critical. We also fight to vide accessible health care to every ducing competition. That is the result protect our Great Lakes. So we have single American, and that would be of introducing choice. many ways in which we are team part- tremendous. But if that accessible The public option for workers’ com- ners in the Senate, and I want to thank health care is unaffordable, then we pensation was successful. It came the Senator from Ohio for his leader- have not reached our goal. under fire from insurers who did not ship in bringing us together again to Right now, the cost of health care is like competition. But it was our busi- speak about a critical part of this doubling about every 6 to 7 years, and ness community that stepped up and health care reform effort. the pace is accelerating. It doubled saved it. Think how powerful it is for I also want to recognize the Senator over the last 9 years, and now it is on the success of a business to have good from New Mexico, whom I see on the pace to double in 6 or 7 years. So folks service and low premiums on workers’ floor, whom we are very proud to have who could afford insurance just a few compensation. Translate that: how im- with us, as well, coming from the years ago cannot afford it today, and portant it is to the success of our fami- House of Representatives, who has families who can afford insurance lies to have good service and low pre- done such a wonderful job in today are not going to be able to afford miums in their family health care pre- transitioning, hitting the ground run- it a couple years from now. So it is es- miums. ning. And with the Presiding Officer, sential—essential—we bend the cost The public option in workers’ com- the Senator from New Hampshire, who curve. Perhaps the most powerful in- pensation has been an economic devel- is presiding, we have a fantastic group

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.068 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10291 of Members who have joined us who are whatever comes next—the car or the So we make sure there is a real com- going to help us get health care reform kids can’t go back to school. So it is all petitor in the marketplace that is done, as well as tackle energy and a related. In our health care bill, we pegged to the real costs of health care number of different issues. So it is a make sure there is a real safety net and that doesn’t have to worry about pleasure and honor to work with you. and that people who lose their jobs making a profit, that doesn’t have to As I speak about health care and the know they will be able to have insur- worry about marketing, that doesn’t importance of having a public insurance, and that is very important. have to worry about other costs, but ance option, I first want to take just a It is also critical, for people who are strictly providing health care and the moment to note another issue that is looking to purchase insurance, that costs of providing health care in the very much tied to health care but an they can get the very best price. It is marketplace. Having that kind of com- action that was taken a while ago—a important that people who have insur- petitor will make sure everybody is very concerning action, again, where ance can keep it; that they know what honest about the real costs associated the Senate Republican leadership chose they are paying for they actually get, with providing health care. to block us moving forward on the ex- by the way, which is why the insurance We know there are very powerful in- tension of unemployment insurance. reforms are so important; so you are terest groups that have lined up to As our Presiding Officer from New not dropped right when you get sick or slow down or to stop this bill from Hampshire knows, having been a leader blocked from getting coverage. We passing, and they are bitterly opposed in bringing us together and putting know in order to create this new pool to a public insurance option. They forth a plan to be voted on, it was infor individuals and small businesses know it will bring down costs, it will credibly concerning to me that, in fact, that can’t find or afford insurance that hold insurance companies accountable, the effort and the proposal to extend 14 it is absolutely critical, if we are going and will bring down the overall costs weeks of benefits for all of the people to say everybody in the United States for taxpayers because of what we are in all of our States who are currently of America needs to have insurance, doing in health care reform, now and unemployed or who will soon be unem- that it be affordable, that it be com- on into the future. We don’t need to ployed, with an additional 6 weeks for petitive in the marketplace, and that hear from more of those voices. We States such as mine with the very people be able to have every choice need to hear from our own constituents highest of unemployment levels, was possible available to them. That is who are struggling every day with the blocked one more time on the Senate what we are talking about tonight be- rising costs of health insurance. floor. This is not what we ought to be cause, ultimately, this is about pro- That is why I created my online doing. viding real stability and security for Health Care People’s Lobby, so people When we look at what is happening American families. in Michigan can have their voices in our State with about 15 percent un- I received a letter from a constituent heard. We have had over 7,000 people re- employment, everyone understands the of mine, Lynn, in Marshall, MI. She spond. I am very grateful we have had challenges we are going through. We wrote: hundreds of stories that have been have people who want to work. They In the space of two months, my husband’s shared with us. I am so grateful for all want to work. They are looking for income was cut 25 percent because of the economic downturn. At the same time, our of those. work. They may be piecing together in- oldest son, 21 years old, was diagnosed with Lisa from Novi, MI, signed up for the come in a variety of ways. The dif- leukemia. People’s Lobby, and she wrote: ference between their being able to Every parent’s worst nightmare. I am one of the lucky ones. We have health keep a roof over their heads for their To date his bills have totaled about $450,000 insurance and everyone is healthy. However, families and food on their tables right for treatment. While we currently have in- with just routine doctor visits, the time now has been the efforts of extending surance, I worry about my son and how his spent deciphering bills and reconciling what unemployment that we did with our ability to obtain adequate health care will the insurance company paid and what we great new President, President Obama, forever be affected by his illness. His leu- owe can be overwhelming. coming into office and making that a kemia has an exceptionally high cure rate, Haven’t we all been through that? priority. We made it a priority in the but how will he afford his own health insur- Our insurance is a primary reason my hus- Recovery Act. Now we are at a point ance which will likely affect his ability to band has stayed with his current employer stay healthy for the rest of his life. He is at a lower salary, because most new job op- where we need to extend that. only 21 and on the verge of graduating from We expect in Michigan alone that portunities don’t offer coverage. I strongly college. Once he graduates, he will lose his believe in a public option. 99,000 people will exhaust their unem- coverage under my husband’s plan. His treat- The reason we are here on health ployment benefits by the end of this ment won’t even be finished by the time he year; tens of thousands of people com- graduates. I lay awake at night and worry care reform and the reason we have a ing to the unemployment offices. So how we will finish his treatment. sense of urgency about it is because, as this is critical for us. We are not going Lynn, everybody who has ever had a Lisa said, many new job opportunities to go away. We are going to keep right child worries about this kind of sce- don’t provide health insurance, and we back at it until we get this done. nario and what could happen for their know we have to do better in this coun- The same thing is true with health children. That is why we are here to- try. That is the point of creating a care reform because there is a direct night. In the richest country in the large pool for people who can’t find in- relationship. As I start to speak about world, no parent should have to lay surance, don’t have it through their health care, I wish to say one of the awake at night worrying about how job, to be able to pool people together very positive things of the many posi- their son or daughter would be able to and have an insurance exchange. But tive things about the legislation we find the health care they need. as I said before, to make sure that will be voting on is that we want to In our reform in the Finance Com- works, to make sure it is really afford- strengthen it with a strong public op- mittee, there is great news from part of able for families and for small busi- tion. One of the very important pieces what Lynn talked about, and that is we nesses, we need real competition of a of this legislation we worked on in the have extended health insurance for public insurance option. Finance Committee, and supported by young people on their parents’ policies Another constituent, Glenn from the HELP Committee as well, creates a until age 26. That is incredibly impor- Sterling Heights, is 62 years old. He got real safety net so if you lose your job, tant and very positive. But when he laid off in December, and it doesn’t you don’t lose your insurance. This is then goes into the marketplace to find look like he will be called back. He absolutely critical. insurance, will he be able to find af- writes: We are talking about extending un- fordable insurance in this new ex- I am too young for Medicare. I have a pre- employment benefits for people who change we set up? The way to guar- existing condition, so nobody wants to in- have been trying to find work and can’t antee that happens is through a strong sure me. If I get sick before I can get Medi- care, my savings and everything will be find work. Well, what we all know is public option, a public choice. You wiped out. This is not the way I pictured re- that when you lose that job, too many don’t have to choose it. That is the tirement was going to be. I raised four chil- people also lose their insurance. Then great thing about America. We are all dren, got them through school, and married. they lose the house. Then they lose about choices. Paid taxes and did what I thought was right

VerDate Nov 24 2008 02:51 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.069 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10292 CONGRESSIONAL RECORD — SENATE October 8, 2009 and moral things to do. I didn’t create this ator WHITEHOUSE from Rhode Island, more than 80 percent of the market. mess, but I am sure paying for it. and Senator SANDERS from Vermont. The lighter color on the chart—the me- There are many people in Michigan Senator WHITEHOUSE and Senator dium color is where 2 companies have in that very same situation that I am SANDERS played a role on the HELP 70 to 80 percent of the market. No won- fighting for every day. In our insurance Committee to put this legislation to- der these companies charge so much. bill, first we have positive responses to gether. No wonder insurance company salaries this issue. We are going to stop the Before turning to Senator UDALL, I are so high. No wonder people are de- banning of insurance because of pre- wish to read another letter from Phil nied care and have nowhere to turn, be- existing conditions. That is extremely in Franklin County in central Ohio cause there isn’t any real competition important. We have help in this bill for about his situation and then talk to when you have 2 companies that have early retirees to make sure we can help the Senator from New Mexico for a mo- 70, 75, 80, 90, or maybe 100 percent of with the costs. But to make sure this ment. the market. whole system works together, we need Phil writes: In Senator UDALL’s State, which is a public insurance choice for Glenn so When I was 8 years old, my father suffered not quite like mine, 2 companies have that if the other options don’t work for a stroke despite being a physically fit non- only 50 to 70 percent. In Maine, it is 58 him at 62 years old, he has a choice smoker. Despite having employer-based in- percent. I am not sure exactly what his surance, I still recall my mother in tears on where he can go to an option that is af- the phone with the insurance company argu- State is. Even then, two companies fordable and is focused totally on pro- ing for something she shouldn’t have had to: have more than half the market. Insur- viding health care for him. A public That the insurance company cover the care ance prices in Santa Fe, Albuquerque, health option would give Glenn some my father deserved and the care for which he and Truth or Consequences—my favor- hope. It would give him security until paid. ite name of a town in New Mexico—are he is able to get to Medicare, so that he In America, we are supposed to prize too high, just as they are in Lima, wouldn’t lose everything if he had a competition. It is the lack of competi- Findlay, Zanesville, and Cleveland, in medical crisis. tion that drives inefficiency in our Ohio; and the service those companies Glenn is not alone. We know 62 per- health care system. bring to customers isn’t particularly cent of bankruptcies occur because of It has become clear that health in- high quality. Those customers are de- the medical crisis. We know 5,000 peo- surers are either incapable or unwilling nied care because of preexisting condi- ple every day lose their homes to fore- to reform themselves and control costs. tions, because of discrimination, and closure because of the medical crisis. Among the many reforms our system because of annual caps and lifetime I have literally received thousands of desperately needs, we need a public op- caps. e-mails and stories from people around tion to promote competition and keep Again, I thank the Senator from New Michigan, and I wish to thank every- private insurers honest. Mexico, Mr. UDALL, for joining us to one who has e-mailed me, who has We, your constituents, need help; we discuss some of these issues about his shared their story. We have literally need you to represent us, not the insur- support for the public option. thousands of stories of people who have ance companies. As consumers, the Mr. UDALL of New Mexico. Mr. gone through so many different experi- more choices we have, the better off we President, I ask unanimous consent for ences of worrying about whether they will be. those of us on the floor to be able to are going to lose their insurance, try- Phil understands this from his moth- carry on a colloquy about a public oping to figure out how to pay for their er, who was pleading with the insur- tion. insurance, not being able to find insurance company to be fair and to live up The PRESIDING OFFICER. Without ance because of a preexisting condi- to their side of the agreement. His fa- objection, it is so ordered. tion, not being able to find something ther paid for insurance for years. He Mr. UDALL of New Mexico. Mr. affordable as an individual going out suffered a debilitating stroke, and she President, I say to Senator BROWN that into the marketplace. We have heard had to push and push and push. With the number in New Mexico—the Sen- thousands and thousands of stories the competition that a public option ator from Ohio has a range on his from Michigan, and they all say act would bring, those kinds of things chart, but the number in New Mexico is now. Give us choice, real choice and won’t happen. actually 2 companies controlling 65 competition. A moment ago, I was speaking with percent of the market. So we are talk- We know having a public insurance Senator UDALL. We were talking about ing about a situation that isn’t very option is the way we guarantee all of competition. In my State, Ohio, one competitive. I think that is the bottom this fits together. So for my constitu- health insurer, WellPoint, controls 41 line of what we have been hearing. ents—for Lynn, for her son, for Lisa percent of the market. WellPoint and We have had our colleague from Or- and Glenn, for the 11,000 others who one other insurer control nearly 60 per- egon, Senator MERKLEY, and we have have signed up for the People’s Lobby— cent of the market. We were looking at had DEBBIE STABENOW from Michigan, I urge all of my colleagues to join with this map. On this map, the dark purple and other colleagues are here on the us to make sure with all of the pieces illustrates those States where more floor, speaking to that situation in we have put into these bills that are so than 80 percent of the market is con- their States, and why we should pro- important and so positive that we trolled by 2 companies. I am not a law- ceed with a public option. bring it all together by including a yer—and I am sure not an antitrust Let me first say to the Senator from public health insurance choice for peo- lawyer—but I know if 2 companies have Ohio, I appreciate his leadership. I ple so that if the private, for-profit 80 percent of the market, there are a know he was on the HELP Committee, companies in the exchange are not able lot of games being played. which is the one that wrote the public to give people affordable insurance, When two companies have that per- option we have the opportunity to put they know ultimately they can find it. cent of the market, you can see why in the final legislation. He was on the I thank you very much, Mr. Presi- those CEO salaries I put up earlier are committee. Some of us are getting into dent. I wish to thank my friend from so high. Look at these salaries. You writing the legislation now. But one of Ohio again for his passion and his time can see what the CEO of Aetna makes, the best public options out there is the and efforts, and I yield the floor back $24 million; Cigna, $12 million; and one that came out of Senator Ken- to him. WellPoint, almost $10 million, in my nedy’s committee. It has been passed The PRESIDING OFFICER (Mr. State. In Montana, 2 companies have for a couple of months. It is sitting BEGICH). The Senator from Ohio. more than 80 percent of the market; right there ready to go, if we just put Mr. BROWN. Thank you, Mr. Presi- North Dakota, more than 80 percent of it in. dent. I thank the Senator from Michi- the market; Minnesota, more than 80 When we talk about a public option, gan for her steadfast leadership advo- percent of the market. Two companies. what exactly are we talking about? I cating for workers in Michigan and In Iowa, 2 companies have more than 80 think people have a right to know a lit- across the country. percent of the market. The same is tle bit about what we are talking about We have been joined by Senator true in Arkansas, Alabama, Alaska, when we say public option. I think if I UDALL of New Mexico, as well as Sen- Hawaii, and Maine, 2 companies have outline that a little bit, people will see

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.071 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10293 why it is so important to have a public honest, driving the costs down, and Services. It will be available in every option, so let me give a little bit of an having a competitive market. State and territory. It would offer ben- outline. Senator SANDERS well knows that the efits that are as good as those available First, it would be voluntary. We are situation right now isn’t serving the through the private insurance plans, or not forcing anybody to get into it. We American people. I know he wants to better. The Secretary would negotiate are talking about a voluntary system. comment on his situation in Vermont provider payment rates to encourage So you would have a choice to get into and what’s going on there. doctors and hospitals to participate. it, based on whether it would fit your Mr. SANDERS. I do. I thank the Sen- Americans who need financial help to particular circumstances. ator from New Mexico for his remarks participate in the public option would The public option would not be sub- and Senator BROWN for his leadership get it. And local advisory councils sidized by the government. It would be efforts here. I will say a few words. would assure that the public option fully financed by premiums. So this If anyone in America does not under- was sensitive to local conditions and would be something where people stand what the function of a health in- local needs. would be paying premiums, the pre- surance company is, let me give you To be clear, this plan includes no miums would come in, and we wouldn’t the bad news. If you think the function mandate for doctors to participate, no be adding to the deficit. We would be is to provide health insurance for peo- rate setting by the Secretary, no re- creating a good, solid insurance situa- ple, sorry, you are wrong. The function quirement that any American buy a tion and insuring people. of a health insurance company is to public option policy, and absolutely no We have heard, as Senator BROWN has make as much money as it possibly direct link to the Federal Treasury. talked about here—he put up a chart can. Do you know what. They do that Other than the initial capitalization, about these incredible salaries. One of very well. We have to acknowledge this plan would operate solely on pre- the things a public option would do is that. Insurers have increased premiums mium revenue—a completely self-suffi- you won’t make profit for the share- 87 percent over the past 6 years. Pre- cient financial model. It would have holders. You have the opportunity to miums have doubled in the last 9 years, absolutely no baseline advantage over take those premiums and put them all increasing four times faster than private insurance companies. The back into health care. So that, once wages. HELP Committee got here by approv- again, is something that is very impor- Profit at 10 of the country’s largest ing a number of amendments by our tant. publicly traded health insurance com- friend from North Carolina, Senator Let’s look here at this chart Senator panies in 2007 rose 428 percent from the BURR, to make sure of this. Because this version of the public op- BROWN has loaned me. Look at the year 2000 to 2007, from $2.4 billion to tion was so sensitive to these concerns total compensation for CEOs of major $12.9 billion, according to the U.S. Se- from across the ideological spectrum, health insurance companies in 2008: curities and Exchange Commission. the House Blue Dogs, moderates in the Aetna, $24.3 million; Cigna; WellPoint; What we are seeing is that people are House, used a number of our provisions Coventry—look at these salaries. There thrown off of health insurance because in the House bill to gain moderate sup- is a total, for these 8 or 10 companies, they committed the crime of getting port. In fact, the community health in- of $85 million in salaries. sick, and they cannot get health insur- surance option makes so much sense What we are talking about is money ance because of preexisting conditions. that Republicans have had to resort to being spent on health care for people Well, that is the bad news. The good illogical arguments to justify their op- through a public option. One of the news is that CEO salaries are very position. other things that I think would be a high, and profits are doing very well. For example, they argue that the hallmark of a public option would be At the very least—and I speak as government should not be in the busi- having low administrative costs, since somebody who believes in a Medicare- ness of providing health insurance, it operates on a nonprofit basis. One of for-all, single-payer system—this coun- that it is a slippery slope to socialized the things you should know about try deserves a strong public option to medicine. Well, hello, government- these insurance companies where you give people the choice about whether sponsored health insurance serves have these CEOs working is that they they want a private insurance com- nearly half of Americans—78 million have administrative costs in the range pany. Americans—who are enrolled in Medi- we have heard about, 30 percent admin- With that, I yield back my time. care, Medicaid, TRICARE, VA, and istrative costs. So what happens here is Mr. UDALL of New Mexico. Mr. they get benefits from the Federal Em- that the money comes in on the pre- President, I thank the Senator from ployee Health Benefits Program, and so miums, but they spend an incredible Vermont. forth. We don’t hear our colleagues on amount of time going back and forth I want to also yield to a Senator here the other side talking about ending denying claims, telling doctors they and give him the floor—with Senator Medicare, closing up the trust fund, should not put that in, they are not BROWN’s permission. SHELDON throwing our parents and grandparents going to cover it, and it builds up into WHITEHOUSE, from the great State of out to the tender mercies of the private a big administrative cost. Rhode Island, I believe was also on the insurance companies. We don’t hear The great thing about a public option committee and was intimately working that. I have not heard one Republican is you don’t have high administrative through the bill. It is wonderful to say they want to deny our Iraq and Af- costs. One of the comparisons there, as have him here with our colleagues ghanistan veterans all the Federal Senator BROWN and Senator SANDERS talking about the idea that we have to medical care they need when they know, is that I think Medicare has 3 have a public option. come home. I don’t see Republican percent administrative costs. Here you Mr. WHITEHOUSE. I thank the Sen- Members of Congress opting out in have a comparison of 30 percent to 3 ator. I had the real pleasure and honor, droves or criticizing the Federal Em- percent. along with Senator BROWN, of being ployee Health Benefits Program. One of the other parts of a public op- among the principal draftsmen of the Why? Because these programs work, tion I think makes a difference is ex- public option in the HELP Committee. because Americans rely on them, be- erting bargaining power to obtain dis- When I think back on the effort we put cause they provide dignity and sta- counts from providers. That could into it, and the plan we came up with, bility in the lives of millions of Amer- make a big difference with the public it is astonishing to me that it is now ican families and they have not led to option operating out there. We would the public option that appears to be a government takeover of our entire offer savings to subscribers with lower the most contentious part of the Amer- health care system. Indeed, ironically, premiums. We should follow the same ican health care debate right now, be- the very best program is probably the insurance requirements as private cause the bill we passed out of the VA program where the level of govern- plans. What we would offer, through a HELP Committee in July was very ment involvement is the highest, where public option, would be low cost and thoughtful. It includes a community they own the hospitals and where they high value. health insurance option—a national employ the doctors. Basically, what we are talking about plan, administered by the Secretary of Republicans have also been arguing here is keeping insurance companies the Department of Health and Human that government involvement in the

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.072 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10294 CONGRESSIONAL RECORD — SENATE October 8, 2009 private health insurance market will David, a self-employed resident in what Americans have always done be uncompetitive and will push private Central Falls, described the astronom- when faced with a tremendous chal- companies out of business. We see the ical rise in the cost of health insurance lenge, and that is to innovate our way government competing competitively for him and his wife. Years ago, he paid out. in a variety of markets in this coun- $85 a month for his plan. Today, it is Government is not the enemy in this try—private versus public universities, $19,000 for their annual health insur- undertaking. Americans, with a help- private versus government student ance. Despite the dramatic jump in ing hand from their government, have loans, workers’ compensation insur- price, the health insurance does not done great things time and time again. ance, the Postal Service versus UPS cover as much as it used to. David has We put a man on the Moon and an ex- and FedEx. The existence of public op- been forced to drop dental coverage and plorer on Mars. We built a Peace Corps tions in these markets has not swal- increase the out-of-pocket expenses he and the Marine Corps. We virtually lowed up private industry. What it has and his wife pay on their plan. eliminated polio and smallpox. We done is broadened the market and en- He wrote to me: built the National Institutes of Health hanced the variety of competition con- I’m almost afraid to get sick because to- and the Federal Highway System. We sumers enjoy. Think how many people day’s health plans have so many holes in have mapped the human genome. Gov- in America right now have a higher them they can nickel and dime you to death. ernment helped then, and it can help education because a State university Charlotte is a self-employed consult- now through an innovative public plan. was there as an affordable option, an ant from Providence. She wrote to Let me make one last point. My Re- alternative to private colleges. share the difficulties she has faced as publican colleagues have argued that a Similarly, a public insurance option health insurance became the single public option would drown out private adds choice for consumers and adds largest expense for her company. She competition and amount to a govern- competition in the market, and it gives buys one of the least expensive plans ment takeover. In many places from private insurers a strong incentive to she can through a small business alli- which they made that argument, the behave fairly and to keep their costs ance, but the premium for her current facts at home disprove that contention. down. In fact, if one thinks about it, coverage increased by 35.6 percent— Twenty-five States actually provide there is hardly an industry in this more than a third—just this past year, health insurance benefits through pub- country where the big players are so it is covering fewer and fewer tests and lic plans. They actually provide health far from being pushed out of the mar- procedures, and she has to pay more insurance benefits through public plans ket. In fact, if you ask me, the for-prof- out of pocket for needed medical treat- in their workers’ compensation sys- it health insurance industry has been ments. She wrote to me that we needed tems. doing the pushing—pushing the Amer- to move forward on health care reform For example, Kentucky, represented ican people around—for far too long. because ‘the cost of health care is pull- so ably by our distinguished minority Let me give one example from my leader, is home to Kentucky Employers home State of Rhode Island. Two years ing the plug on my livelihood.’ For these Rhode Islanders and for Mutual Insurance, a State-run public ago, United Health Care of Rhode Is- millions more, there has to be a better fund which has operated in the State land proposed to send $37 million in ex- way. There has to be a new challenge since 1995 and now provides health in- cess profits to its parent company, in this marketplace, a new business surance benefits to 24 percent of the United Health Group, hundreds of workers’ compensation market in a miles away instead of investing that model, a new entrant to change the landscape of competition. Instead of competitive market. $37 million back into the system. That In Wyoming, the home State of the competing to lure the healthiest pa- is $37 million in 1 year out of a State of ranking member of the HELP Com- tients, plans should have to compete on only 1 million people in which this mittee, Wyoming’s Worker Safety and quality. Instead of developing a better company only had a 16-percent market Compensation Division delivers all the share. With a public option, that $37 claims denial procedure, plans should health care in the workers’ compensa- million would have gone back into im- have to develop a better customer serv- tion system. They have a single-payer proving the health care infrastructure ice department. Instead of paying ex- public plan. There has been concern ex- in Rhode Island, into lowering pre- ecutives tens of millions of dollars per pressed that a government plan will miums, into increasing provider pay- year, they should make sure working- give terrible customer service. I doubt ments, into investing in our health in- class Americans can afford safe and se- that the Wyoming plan would last very formation and chronic care sustain- cure health coverage. long if it gave terrible customer serv- Need I remind us that our health care ability projects and helping doctors ice. buy electronic health records and sup- system is teetering on the edge of col- In Arizona, so ably represented in porting our Rhode Island Quality Insti- lapse and the status quo is not sustain- this Chamber by Senators MCCAIN and tute. But no. And this after United had able. Over 80 million Americans were KYL, since 1925 SCF Arizona has pro- already sent $16.5 million out of our uninsured at some point during 2007 vided health insurance benefits State in 2004, $13.4 million out of our and 2008. As many as 100,000 Americans through the workers’ compensation State in 2005, and $17.1 million out of are killed every year by unnecessary system, and it now has a 56-percent our State in 2006. and preventable medical errors. Life market share in a competitive market Competition is supposed to lower expectancy, obesity rates, and infant environment. To those who have said prices for consumers, create demand mortality rates are embarrassing by you cannot have a government plan be- for a better product, and push bad ac- most international measures. The an- cause it will necessarily crowd out pri- tors out of the marketplace. I don’t see nual cost of our system is closing in on vate insurance by virtue of an unfair that in the health insurance market. I $3 trillion and is expected soon to dou- competitive advantage, Arizona belies see 10 States with the two largest ble. We spend more of our GDP on that argument. It has been that way health insurance companies control- health care than any other industri- for 80 years, since 1925. ling over 80 percent of the market. I alized country, double the European To my knowledge, those who criticize see a 120-percent increase in premiums Union average. More American fami- the idea of a Federal public option for from 1999 to 2007, while wages only lies are bankrupted by health care health insurance have not criticized went up 29 percent. I see a 109-percent costs than any other cause. There is the role—often a decades-old one—of increase in administrative costs from more health care than steel in Ford public insurance plans in their own 2000 to 2006—a 109-percent increase—as cars. There is more health care than States’ workers’ compensation insur- insurers increasingly game the system coffee in Starbucks coffee. It is out of ance markets. rather than competing on better qual- control. We have in front of us an opportunity ity of care, better health, and lower We have two choices: We can derail for a new day in the American health cost. and delay this debate until unpalatable care system where affordable, quality As I have traveled around Rhode Is- solutions, such as throwing people off health care is available for everyone; land, I have seen how these cir- Medicare, drastically cutting coverage, where doctors and hospitals are paid cumstances work out for individual or paying doctors much less, are our for value, not volume; where you can- Rhode Islanders. only remaining options or we can do not lose coverage because of an illness

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.074 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10295 or preexisting condition; where insur- that focused on prevention, on getting to see a cardiologist and endocrinologist. I ance company bureaucrats do not come people back to work, on better quality am still in shock at how quickly my health between you and your doctor; where medical care, has actually attracted turned into a serious condition. In just a care is not rationed by your family’s the private industry back into the mar- month’s time, I have almost $7,000 in medical bills and I still have further tests and treat- ability to pay; where every American ket. ment ahead. Unless there is health reform, I gets the best health care the country’s Mr. BROWN. So the private compa- will be just another 55 and over American medical system has to offer. nies are making money. not taking my meds or seeing a specialist I support the public option because I Mr. WHITEHOUSE. They are back in when I should because of the high medical see that vision for the future, and I and making more with the leadership bills. It’s been upsetting just being seriously think a public option can get us there. of the public option. ill, let alone facing financial hardship. I also see this lesson of the past: that Mr. BROWN. A lot more honest and a I am certainly not a doctor, and I an industry—the private insurance in- lot more efficient. don’t know Kathy except through this dustry—that has put its own financial Mr. WHITEHOUSE. And they im- letter, but you have to figure the anx- welfare in front of the physical and proved their business model, so they iety of figuring out her business and mental health of its customers for are now delivering better quality care, trying to manage her health insurance; years, over and over again, cannot now getting people back to work sooner, re- going without health insurance and her be trusted on its own to lead us into ducing medical costs by getting people fears are probably making her health that future, not without a push in the back to work, and providing better and her situation worse. That is why marketplace, not without the kind of quality care. It has been a very suc- Senator CASEY worked on helping us push in the marketplace a public op- cessful story from a cost point of view. write the legislation on what you do to tion will give. It used to be the worst issue for the give incentives to small business own- Mr. BROWN. Mr. President, I thank Rhode Island business community. ers to buy insurance, understanding the Senator. I was intrigued by much They were nuts about workers’ com- this whole bill will mean that every- of what he said. pensation. We literally had torch-lit body has insurance and so those with We are also joined on the floor now parades, and nobody has heard about insurance no longer will have to sub- by Senator BENNET from Colorado, and the issue in a decade because the public sidize—a tax, really, at $1,000 a year— Senator CASEY and Senator UDALL are option has led the way. all those uninsured. still with us. If you think the business community Everyone who pays insurance pays When the Senator from Rhode Island is scared about a public option, go to a about $1,000 a year more for their in- talked about the Rhode Island experi- State where there is a workers’ com- surance to compensate for those who ence, I remember while we were draft- pensation public option. I think you go to emergency rooms without insuring the public option language in the will find they support it. ance and go to doctors and don’t pay. Health, Education, Labor, and Pen- Mr. BROWN. I think we can safely They have to recapture that money sions Committee, on which Senator predict that 10 years after the Presi- from somewhere, and it comes from all CASEY and now Senator BENNET sit, the dent signs a good health care reform those who have health insurance. That Senator talked about what a disaster bill in November or December which is one of the most important parts of Rhode Island’s workers’ compensation has a strong public option similar to this bill, to get at the cost. the language our Health, Education, system was because of the corruption Senator CASEY. in private insurance and the high costs Labor, and Pensions Committee draft- Mr. CASEY. I wish to, first, thank and that the Senator from Rhode Is- ed and the House Energy and Com- Senator BROWN for keeping us orga- land introduced a public option into merce Committee passed, we will see nized and focused on this issue. When private insurance there. Many States— the same kind of thing; we will see a we went through the work of our com- I believe roughly half the States—have more efficient but still profitable mittee this summer—some 60 hours of a public option as Rhode Island does health insurance industry, with a pub- hearings and many hours prior to that and the experience of the Senator from lic option disciplining the market and walking through the bill—there came a Rhode Island with bringing in this keeping prices in check. We no longer point in time when we realized that if competition. will have people denied care because we were going to be strong sup- My understanding—and correct me if they have a preexisting condition or porters—and we were and still are—of I am wrong—is that the public option denied care because of an annual limit the public option, we needed to define not only made private insurance oper- or a lifetime limit on coverage. We will it, we needed to make it readable and ate more efficiently and made private no longer see the kind of discrimina- understandable to people, and also we insurance more honest, if you will, and tion in the marketplace we have seen needed to fully articulate what it helped to sort of flush the corruption from all of these private companies. means to have a public option. out, but I would guess competition Before turning to Senator CASEY, A number of people went to work on from the private insurance industry who has brought the bill to the floor that—and the two principals of that with him tonight to talk about the leg- made the public system a little bit are with us tonight: Senator BROWN islation itself which he helped draft in more nimble, too, right? and Senator WHITEHOUSE—spending Mr. WHITEHOUSE. We actually pret- the Health, Education, Labor, and Pen- hours and hours trying to get this ty much had a complete meltdown in sions Committee, I want to mention right. Contrary to what we have seen the private insurance market, so we that today we submitted a letter to in some of the debates and some of the had to put in a public option to provide Majority Leader REID that pretty much coverage of this issue, this is not very any workers’ compensation insurance. all of us on the floor signed. Some 30 mysterious and it is not theoretical. If But the private insurance companies Senators signed a letter to him today you look at the bill—and I will get to had written off our marketplace be- calling on him to support the public sections of the bill in a second—this is cause their business model was impos- option and putting that on the bill meant to be a choice for people. It is sible to maintain for any reasonable when we bring the bill to the floor in voluntary. It is the first word of the cost. We knew that with good reform in the next couple of weeks. section—and I will go through that in a Again, before turning to Senator the system and with a public option to moment. implement that reform, we could re- CASEY, I wanted to read another brief What we did today, when we sent the duce those costs. letter I received from Ohio—Kathy letter to the majority leader that Sen- from Medina. Kathy writes: What has happened is two things. It ator BROWN referred to, we outlined used to cost $3.93 for 100 hours of pay- I own a small business with three employ- very succinctly what this is all about. ees. With the current economy, I can no roll for workers’ compensation, the Let me read two or three sentences year after this went through and got longer make payments on our health plan. We were paying $2,000 a month for our plans from the letter we sent today. In the stood up. Today, it is $1.74. It is more and were told we needed at least 10 workers second paragraph, we say: than 50 percent cheaper in Rhode Is- to negotiate a more affordable plan. After Without a not-for-profit public insurance land. The model that was set by the dropping our plan, I had to see a doctor be- alternative that competes with these insur- public option, a new business model cause I had difficulty breathing. I now have ers based upon premium rates and quality,

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.075 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10296 CONGRESSIONAL RECORD — SENATE October 8, 2009 insurers will have free rein to increase insur- One of the important features is that here tonight. It is voluntary. It has to ance premiums and drive up the cost of Fed- there be State advisory councils—coun- be self-sufficient. eral subsidies tied to those premiums. cils set up in each State, made up of There is even an audit section. If you In other words, unless we have some providers and consumers to recommend want to get into the detail, there is competition, the insurance companies strategies for quality improvement. So even an audit section. So that when have free rein to keep jacking up this isn’t going to be some Washington you have administrators, there is a prices. That is what we are living control here. You are going to have measure of accountability, in terms of through right now. That is what vir- lots and lots of accountability at the auditing. tually every American has a concern State level, and States would share in There are a lot of parts to this that about. We have a concern about cost. If the savings that result from that kind we could go through. The important we don’t have competition for insur- of accountability. point, though, is that unless we inject ance companies, they will have that Finally, the notion it is a voluntary some choice into this and some com- free rein to keep driving up cost. program. The providers would have a petition, I am not sure the American What is wrong with competition? I choice of participating in the public people will believe we have done our thought that was the American way. option and there would be no obliga- job. We have said over and over again But I think some people have lost their tion to do so. I point to the bill for this that among the basic elements of any way in part of this debate. Competition reason. When we were in our States final health care bill is that we have to and choice, that is what this public op- this summer, I remember going back to have a total commitment to prevention is all about. Pennsylvania and reading about Sen- tion, so we can prevent disease and Later in the letter we say this: conditions from leading to bad results ator BROWN’s public forum in the State for an individual and their family, and It is possible to create a public health in- of Ohio and I was reading about others surance option that is modeled after private prevention will also help us save as well and learning about what was insurance—rates are negotiated and pro- money at the same time; that any viders are not required to participate in the happening in other States. We had our health care bill would have to have plan. public forums. I spoke to thousands of choices. If someone wanted to stay Very simple. Part of this legislation people over the course of a couple with their private coverage, they could has features to it that are very similar weeks. do that, but if they wanted other op- One of the things I would say to the to Medicare—a public insurance pro- tions, we are trying to give them a gram that has worked real well for gen- audience when we had our public fo- public option; that any kind of health erations of Americans. But it will also rums is, Look, if you walked in here care reform would have to have quality have some of the requirements that in- today and you don’t support the public standards. This will help ensure more surance companies have to live by. Let option, I ask you to do one thing: Read quality standards in our system. So I me go through a couple of those. the bill. Well, the final version of the don’t believe we can get to where we First of all, a public option, in terms HELP Committee bill that I am hold- want to get to in the end unless we of the process starting, would have to ing right here was 839 pages. I wasn’t have a public option. get government funding to start. In the asking them to read every page, but Let me make two or three more way of resources, the government what I said to them was: If you don’t points, and then I wish to have my col- would pay for the first 3 months of support the public option, just read leagues rejoin this discussion and also claims as a way to capitalize it ini- that section, which is right now 19 talk about what we are trying to do. tially, but then it has to pay back any pages in the bill. Section 3106, Commu- There are a lot of discussions—and I kind of capitalization over a 10-year nity Health Insurance Option. In the know my colleagues saw these in these time period. bill, it is from page 110 to 129. So it is public forums where we would have What we are talking about is a pro- 19 pages in the bill. I said: Look, spend someone stand and say: I don’t like a gram, State by State, that would be some time taking a look at it. government program or I don’t like self-sufficient. It is very important for I remember at the one public forum, government in our health care, as if we people to understand that. This would someone who disagreed with my point have a system now that is 99 to 1—99 be self-sufficient. Senator WHITEHOUSE of view on the public option went at me percent private and 1 percent public. I talked about this a moment ago, and it verbally and said: You are going to would remind them—and these are needs repetition and reiteration. It force people to go into these public op- some overall numbers, but it is impor- would follow the same rules as private tions. I said: That is not true. Of tant to remember—that we have a plans by defining benefits, by pro- course, saying it doesn’t always end Medicaid Program right now that at tecting consumers—we hope any entity the argument. So, then, I would hold last count had over 60 million people in would do that—finally, by setting pre- up the bill and I would say: Let’s go to it—60 million Americans. We have a miums that are fair based upon local section 3106, and I would read from sec- Medicare Program with about 45 mil- costs. tion 3106—I know the camera can’t see lion Americans. Then you go to VA So this isn’t some theory. This isn’t this—subsection (a). The first two health care, and at last count it has 7.8 some idea we don’t know how it will words of this section—other than the million Americans. work. We know exactly, and the Amer- heading of it—are ‘‘voluntary nature.’’ So when you go down the list of pro- ican people know exactly, how this will That is the subheading. So I would read grams right now that are government- work because we understand what it is part of that section and say: This is run programs for health care, you get a like to deal with a system where the voluntary. Voluntary for any American large number of Americans—well over insurance companies have virtually un- who goes into the exchange and may 100 million Americans—and their fami- limited power to deny you coverage if decide they want to stay with their lies who benefit from those programs, you have a preexisting condition, for own private insurance coverage or may and you get a commitment from the example. The bill also makes that ille- want another—a different—choice. So Federal Government year in and year gal under the bill we passed in the they can choose this. out to make sure we have that kind of HELP Committee this summer. But It was important for people to under- coverage for those who happen to be also, insurance companies right now stand that in a long bill we at least poor, those who happen to have par- have free rein to jack up their prices. spent 19 pages to get this right. ticular health care challenges, those I know there are some State-by-State There is a solvency standard in here, who happen to be over the age of 65, limitations on that, but mostly free for example. This isn’t some theory we those who happen to be veterans and rein exists to do whatever they want. dreamed up in Washington. We know who need health care coverage. So we Without a public option, that is what solvency is important; that a program have an American system right now we will have going forward. So if you such as this, in an option such as this, that has a lot of private coverage, but like costs going up, then you should be has to meet basic solvency standards. there is a lot of coverage through gov- against our proposal because costs Senator WHITEHOUSE spent some time ernment programs that even people going up is what we are going to have talking about that and helping Senator who oppose some parts of this bill, the more and more of if we don’t have a BROWN and others craft that, along last time I checked, don’t want to republic option. with Senator UDALL, who is with us peal. I haven’t found anyone who wants

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.076 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10297 to repeal VA health care or who wants jobs. They lost coverage and then they You can see how insurance companies to repeal Medicare. started to run up bills. Then she behave extracted more and more tax- I think we have a system right now came pregnant. While she was preg- payer dollars as their salaries have that is not working in large measure, nant, her husband, who had a heart jumped and jumped. The poster that but there are some things that are problem, missed an appointment be- Senator UDALL was showing, that I working well. We are trying to improve cause they were worried about paying showed earlier, the executive salaries both ends of this, the public health for the doctor visit for her pregnancy of Cigna and Aetna and these compa- care end of this and the private health and also worried about the doctor visit nies have gone into the tens of millions care part of our system. for his heart ailment. So he skipped his of dollars, in some cases. These sub- Mr. WHITEHOUSE. Will the Senator appointment because of his heart prob- sidies—in 2004 they got $4 billion; by yield for a question? lems. 2005, $5 billion. Now the insurance com- Mr. CASEY. Sure. Time goes by, a couple of weeks go panies basically get a check from the Mr. WHITEHOUSE. With respect to by, and all of a sudden her water broke. Federal Government for $11 billion. your observation that we don’t see a She was preparing to go to the hospital Talk for a moment, if you would, lot of outcry about ending Medicare, in a couple of hours, her husband went Senator CASEY, about what if the pub- about ending VA health care, and other out and did a few errands, came back lic option is competing with these in- government programs, Senator BROWN to the house, and as she was walking surance companies. What will it do to has been remarkable about coming to out of the house to go into the drive- these costs as these insurance compa- the floor regularly to read the true-life way to join him in the car to go to the nies continue to extract more and more horror stories that our present health hospital to deliver her baby, she looked money, with their lobbyists, from the care system inflicts on Americans and in the driveway, and her husband is on government, as they have tried to pri- American families across the board. I the pavement of the driveway dead be- vatize Medicare? have brought a great many Rhode Is- cause of his heart condition, a pre- The public option, talk about what it land stories to the floor. We all have existing condition which, thank God, would do about cutting costs so people this experience. in our bill, in the first section of our like your friend in eastern Pennsyl- I am interested in the evaluation the bill, we make illegal. It should have vania—those kinds of things don’t hap- Senator from Pennsylvania might been illegal a long time ago. I still find pen to them. make in terms of his own experience it hard to believe that we live in a Mr. CASEY. I think it stands to rea- and his own constituent contacts in country where we have allowed insur- son if you have, as we do in a lot of terms of those heartbreaking stories ance companies to do that to people. States, one or two or a very small you get. Do you hear a lot of heart- She went out and found her husband number of insurance companies that breaking stories from people in Medi- dead. An ambulance came to take her dominate the marketplace, sometimes care; people being thrown off for pre- to the hospital to deliver her baby, and a lot more than 50 percent of the mar- existing conditions? Where in your ex- the other ambulance came to pick up ketplace but in other cases—in our perience have the real heartbreaking her husband. State we have two that have control stories come from in Pennsylvania? That is the kind of story we hear in over at least half of the marketplace. Mr. CASEY. I will give you an exam- Pennsylvania and across the country That alone is bad enough. ple. In our State, just in terms of age because of our system. There is no rea- Mr. BROWN. In this poster—we categories, we have, in terms of chil- son we should tolerate this and let it talked about it earlier; Senator UDALL dren up to the age of 18—we have a 5- go on any longer. We have a chance to mentioned it too—some States, yours percent uninsured rate. It is still too change it. and mine are a little bit better. In high. Until it gets to zero, we have not One of the ways to move it forward is some States—Montana, Alaska, Ha- done enough, but that number is way by making sure we have choices and waii—lets go down to Minnesota, Iowa, down. So we have a diminishing num- competition in a public option. Arkansas, Alabama, Maine—two com- ber of children who are uninsured Mr. BROWN. Could I ask Senator panies have more than 80 percent of the largely because of efforts and initia- CASEY a question? I thank him for that market. Two companies control 80 per- tives such as the Children’s Health In- story. Of these stories of people in pri- cent of the market, which means there surance Program. Then, on the other vate insurance, that is as tragic a story is no price competition. In some States end, those who are over the age of 65, as you will ever hear. We have these it is 70 to 80 percent, in Ohio, Pennsyl- they have Medicare. letters I have read and these stories vania, Rhode Island—I am sorry Rhode Where I am getting the real-life sto- from Senator WHITEHOUSE, Senator Island has two companies more than 80 ries from people, people who send e- BENNET, Senator UDALL, who have percent also. In all, about almost 10 mails to our office just like to Senator come to the floor and read these letters States. WHITEHOUSE, or people who do it the from people who thought they had But in our States—Pennsylvania, old-fashioned way, who actually write pretty good insurance and something Ohio—large States, States with popu- a letter or people you see in a public happened and they lost it because they lations over 10 million people, each of forum or on the street—they are com- have gotten too sick or they lost their those has more than 50 percent. In my ing to us in that age category, 19 to 64. job and they can’t afford COBRA and State one company has 41 percent; the In our State, that number of uninsured all that. two largest companies have 58 percent. is 12 percent, more than double the I want to ask the Senator a question. In Pennsylvania, two companies also number of uninsured children. You mentioned early in your com- have more than 50 percent. For example, I got a letter in Feb- ments about the costs going up. I want Mr. CASEY. It just stands to reason. ruary from Trisha Urban from the east- to put this chart up and ask about this. If you don’t have competition, you ern end of our State near Reading in Senator BENNET from Colorado will have no incentive, no pressure to keep Berks County. Here was her story in speak in a moment. These are costs your rates at an affordable level. I do summary. under Medicare Advantage. The gov- not understand why anyone, in the She was working; her husband was ernment, as you know, provides, in midst of this debate, is against choice working. But he was trying to advance, large part because of insurance com- and competition. Both are the central as we always tell people we want them pany lobbying, plain and simple—the pillars of why we need a public option. to get more education. So he was try- government provides all kinds of sub- What do we do for our health care sys- ing to finish his doctorate. In order to sidies to Medicare Advantage plans. tem? I don’t understand the logic. finish that he had to take an intern- These are not most of the Medicare One point we should make, and we ship. The internship did not have beneficiaries. Most Medicare bene- address it in the bill—we will not spend health insurance coverage. The cov- ficiaries, 75 to 80 percent of them, are a lot of time on it—we should all re- erage they had, ultimately they lost. in what is called regular fee-for-service member, you look around, we have 100 Here is Trisha Urban who was work- Medicare. Some are in a more Senators. Everyone in the Senate, and ing, and her husband was working as privatized Medicare. The government all of our families, everybody in the well. She was working four different writes checks to insurance companies. House, and then you add other millions

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They ei- of the public option, we have a pooled pool of 15 or 20 people exorbitant ther end up on Medicaid or they end up purchasing power. amounts of money, the insurance com- showing up in the emergency room If you have millions of Federal em- pany either raises premiums so high— where they are treated with uncompen- ployees and their families who are in increases, as Cathy said, 37 or 24 per- sated care, the most expensive way we the same pool, that brings costs down. cent—or the insurance company some- can deliver health care in the United We are trying to get more and more times cancels the insurance. Either States of America. Americans the same opportunities we way, it is a terrible hardship and a We have a wonderful public hospital have, to be in a pool that big and to tragedy for the small business and a in Denver called Denver Health, where keep costs down. For the life of me I tragedy for so many employees. they do an amazing job at a much cannot understand why someone would If we do this right, we enlarge the lower cost than a lot of other hospitals. not like that, especially people who pool by allowing these insurance com- I was told by the woman who runs benefit from it and their families who panies to go into the insurance ex- the hospital—her name is Patty benefit from what the Senate gets. change or the public option, if they Gabow, a gifted administrator—that I have been blessed to have that kind choose—an option. They also get a tax they had done a study and they discov- of coverage because I happen to be in credit. They get a break that way and ered they had spent $180 million in 1 the Senate. But every seat here, and they are much more likely to be able year on uncompensated care for people then add millions more Federal em- to afford their insurance. who were employed by small busi- ployees, gets this opportunity because Let me turn to Senator BENNET, who nesses. These were not unemployed we are in a large purchasing pool. I is a new member of the Health, Edu- people, these were not people who don’t know why a small business owner cation, Labor, and Pensions Com- could have had access to Medicaid, but should not get the same opportunity, a mittee. He has been outspoken for the people employed by small businesses business owner paying through the public option. Senator BENNET? who could not afford health insurance. nose. Mr. BENNET. Mr. President, I actu- So I think one of the ironic things I know Senator BROWN has seen this ally am here to talk about something about the debate we are having is the in the State of Ohio. You have heard else, but I was so inspired by what the failure to recognize that the status quo from small business owners, time and Senator from Pennsylvania and the is creating a situation where fewer and again, haven’t you, about what they Senator from Ohio and the others have fewer people have private insurance are paying every day? What we are say- said, I want to spend a few minutes on and more and more people are moving ing is, if it works for and if it is good this issue. Part of it is I just don’t un- into public insurance. But it is not enough for Federal employees to get derstand what Washington doesn’t un- being done in a thoughtful way. It has the lower cost/benefit of a large and derstand about what our working fami- not been constructed that way. So I open purchasing pool, why isn’t it good lies and small businesses are going think that is one of the reasons it is enough for the rest of America? through. very important that we are having this I say it is not only good enough for In my State over the last 10 years, debate. them, but we should make sure they median family income has actually I tell the Senator from Ohio, I am have the same opportunities as small gone down by $800 in real dollars. The sure he had this reaction when he was business owners or as part of a family. cost of health insurance premiums on recess. I certainly did. I had town- That is one of the reasons the public have gone up 97 percent during the halls all over the State. What I kept option makes lots of sense. same period of time. hearing from people is this, and this is Mr. BROWN. Let me read a note from There are people who want to leave the reason I support a public option. a small business person. I get so many the system just the way it is, but the They would say to me: MICHAEL, we letters from small businesses. You result of having flat income for our paid every single year, year after year know, like most Americans, they care working families and small businesses, after year, into private insurance. enough about their employees, their and for those costs going up 97 per- Every year, we did what we were sup- fellow employees, their friends, they cent—by the way, in my State the cost posed to do, and then when we needed want to provide insurance. Almost of higher education has gone up 50 per- it, it was not there for whatever rea- every small business person I have cent at the same time. The cost of son. Because somebody on the other talked to who is struggling with health health insurance, up 97 percent; the end of the telephone told them: You insurance wants to find a way to pay cost of higher education up by 50 per- are not covered, or the fine print did for insurance for her or his employees, cent—this is tough on the middle class. not cover you for that problem or your and so often they can’t. It is tough on small business owners in child for that problem. They deeply re- Let me read a letter, Kathy from my State. sented the fact, as I would, that some- Crawford County, which is Bucyrus, The result is, if we keep the status one earned a profit off that commercial Gallion, Crestline, just west of where I quo—there is a great irony of the argu- transaction. grew up. She says: ments to keep the status quo—by de- That is the thing about insurance. It I am the owner of a small telephone con- fault, we are putting more and more is not like going to the store and buy- tracting firm. Needless to say, we’ve been hit people off private insurance and more ing a loaf of bread or a gallon of milk hard by the recession. and more people either on public insur- where you know what you are getting But our main concern is the staggering cost of health care for our employees. We ance or having the benefit of uncom- in return. Many people who buy private started the company in 1990 when we were pensated care. insurance year after year don’t know able to fully pay for health insurance for our We have seen in my State, you can what they have until they need it and employees. see it on this chart—probably not all they don’t know what they have lost But since 2000 our premiums have in- that well—small business spends 18 per- until they lose it. creased over 250 percent. In 2008 our increase cent more for insurance than large Having a choice, just another option was 37 percent. In 2009, it was 24 percent. We business just because they are small, that is out there, not a government have searched for other health insurance and fewer and fewer people in Colorado takeover of health care but a choice companies but because of the pre-existing conditions of [some of] our employees we are able to get coverage at work. Be- that empowers working families in my cannot switch to anyone else. fore this recession started it had al- State to make the decisions that are in Along with the economy, the cost of health ready dropped roughly 10 percentage the best interests of their family or care makes it a challenge to stay in busi- points; the percentage of folks who their children—as a father of three lit- ness. were getting insurance from their em- tle girls under the age of 10, I can un- This happens too often. That is why ployer, from our employer-based sys- derstand why people would want that in the legislation we wrote in the tem. You can see, the Senator from choice. I am not scared by the choice. Health, Education, Labor, and Pen- Ohio certainly can see, the percentage We have to design it properly, and the sions Committee, we made special proof small businesses in my State able to HELP Committee did a very good job

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They do to mandate that we have insurance, if petitive and giving their customers not have health insurance themselves. you are going to require that we have what they need. Their daughter has been admitted to insurance, you better make it afford- Only 3 percent of hospitals in this the University of Colorado. He said to able. You better not tell me I have to country have that technology. One out me last week: MICHAEL, what was she have insurance and make it of every 25 doctors has that tech- supposed to do when she got to the box unaffordable. You better not tell me I nology, which is a really simple thing. that said check the box if you have have to have insurance and I have to And it is the reason why—as a parent health insurance? If you don’t, you change the plans I have for my family. of three little girls or if you are caring have to pay this terrible fee. The public option provides one more for a parent of your own, it is so frus- So, first of all, people are having to choice for people, an affordable choice trating when you go in and you have to make choices they should not have to for people. We have to do a lot more to explain over and over again what the make and they would not have to make drive down costs, as I and others have last person just told you simply be- in a rational private market that was talked about on this floor. But we need cause we don’t have a system of elec- working well. That is one of the issues. to do this right. tronic medical records. The second thing is, as you know—I I understand, I come from a State Then, on top of that is a business am sure it is true in New Mexico, and where we have a lot of diversity of model where, unlike everything else in it is certainly true in Ohio—most of opinion on a lot of things, and there is our society, every year the cost goes up our jobs are created by small busi- a lot of concern about the way the sys- and the quality to the customer goes nesses. Depending on the numbers you tem works today, and there is a lot of down, which is what we see with insur- look at, roughly 70 percent of our jobs concern that we are going to make it ance. We don’t see that in other parts are created by small businesses. And a even worse. I think we need to elevate of our private marketplace. We don’t higher percentage of those jobs are the standard of the discussion we are see that in other parts of our private going to be responsible for the recovery having to the standard that we had, marketplace where people are that hopefully we are about to have in that the people of Colorado had in incentivized to compete on price, on this country. It is harder and harder to townhall after townhall, which, by the quality, on customer service. And it is do that if you are carrying the freight way, no one would ever have any inter- why it is not just enough to have a of double-digit cost increases in insur- est in putting on TV, I am proud to public option. We need a public option, ance every single year. say. We need to elevate the standard of but we also need commonsense regula- The last point I want to make—every the discussion in Washington so that tion of insurance so that we start driv- small business owner understands we can produce a result that has some- ing a marketplace that actually makes this—as small business owners try to thing other than double-digit cost in- sense. hang on to insurance for their employ- creases year after year for working Mr. UDALL of New Mexico. Senator ees and the price of that goes up and families. BENNET, one of the things that is hap- up, what that leads to is a choice be- Mr. BROWN. Will the Senator yield pening—and your chart there really ex- tween holding on to the insurance and for a question? I heard what you said plains it, and I wanted to get you to compressing the wages of the employ- about buying a loaf of bread and how talk about this a little bit—your chart ees because you can’t do both. You buying insurance is different. Before says: Rising health care costs are hit- can’t give people the increases they de- you were in the Senate, you were the ting small businesses the hardest and serve in their compensation and at the superintendent of the Denver public forcing all Colorado businesses to same time hold on to health insurance. schools and were very successful in make tough choices. So that is a reason we have seen all business before that. When you talk That is exactly what is happening in across this country, actually, a decline about how insurance companies deny New Mexico, exactly what is happening in median family income. It has gone care and insurance executives get paid in Ohio. And really what we have going down by $300 over the last decade in well, talk for a moment about the busi- on here is very hard-working, good the country, $800 in my State, while ness plan. When you were an entre- small businesspeople who want to give the cost of insurance has gone up by 97 preneur and you were a businessperson, their employees insurance. I hear that. percent. That wage compression is di- you obviously had a business plan. I know the Senator from Ohio said that rectly linked to the problems people Talk to us. Share with Senator UDALL a number of times when he read let- have holding on to insurance. and me and others what the business ters. They want to give that insurance, I appreciate the question. I yield. plan of a health insurance company is but they can’t. They search around, Mr. BROWN. I thank the Senator in particular. they can’t find policies they can afford, from Colorado for his good work and Mr. BENNET. I appreciate the ques- and so they are really stuck. And I can his very good description particularly tion. I will say that I used to make my give you a list of examples in New Mex- of how the cost of health care affects living buying bankrupt companies. So ico. small businesses in such a negative these were companies that were actu- One of the things you pointed out on way. ally fairly well managed but capital- your chart is that even before the re- We will wrap up in the next 10 or 15 ized really poorly, and our opportunity cession—even before the recession— minutes. was to buy them, capitalize them prop- fewer Colorado small businesses could Earlier today, a group of Democratic erly, produce a business plan, as you offer coverage. I was wondering if you women Senators came to the Senate are describing, and make sure the peo- could talk a little bit about the small floor to talk about health care. And ple who worked for them, the people business situation because most of some of the things that amaze a lot of who benefited from them continued to these people are working without in- us as we work through this, some of be able to do that. surance. the things we hear—in several States You know, as a capitalist, I look at Mr. BENNET. I appreciate the Sen- in this country, being a victim of do- the state of our health insurance indus- ator from New Mexico raising that. I mestic violence is considered a pre- try and our health delivery system and remember a florist I talked to, a fam- existing condition. There are women in I can almost not believe what I see. We ily-owned business since 1972 in my this country, believe it or not, who have 44 counties in Colorado. Every one State, and he is now down to no em- have been victims of domestic violence. of those counties has a convenience ployees, just his wife and himself. They Insurance companies have said: You store, at least one, some many more are running the shop. They had health cannot get insurance because of that than one but at least one. With the ex- insurance for many years, and they because, presumably, you might be ception of the loose beef jerky that is took it, as so many small businesses abused again, you might be hit again,

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.080 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10300 CONGRESSIONAL RECORD — SENATE October 8, 2009 and it would cost us, the insurance ernment program works, a program have those antitrust laws out there, company, far too much money. So, be- that doesn’t look much different from and the Justice Department and var- lieve it or not, they actually can’t get the public option. But I need just a few ious State attorneys general can move insurance because of that. Obviously, more years. It is a time in my life when in to bring competition when there this legislation makes that—as Sen- I am starting to get more aches and gets to be too much consolidation of ator CASEY says, there will be no more pains or worse. It is a time in my life power. We don’t have that when it preexisting condition denials of care, when I am much more likely to get comes to insurance companies. As a reno more discrimination based on gen- sick, to get an expensive illness, when sult, we see premiums skyrocket; in der, based on geography, based on dis- I am 56, 58, or 63. my home State of New Mexico, 120 per- ability, based on age. These are people who know they will cent skyrocketing premiums. One of the other things the bill does be embraced with a decent health care As I wrap up, I want to talk about a that is important is it will eliminate system. They know they will be in a New Mexican, a woman from Raton. I copays for things such as mammo- decent health care system when they met her at a townhall in August. She grams. We want people, particularly get to Medicare age, when they get to received a renewal notice. Her pre- when they get to be my age, when they be 65. mium had gone up 24 percent alone this are in their fifties, we want people to They have friends who are in Medi- year. She can’t afford an increase, but go in and get the right kind of preven- care, and they know Medicare works she doesn’t have any other option. A tive care and get the right kinds of for them. That is as good a testament public option would bring that woman tests. People should have a to the public option as there is. Those the ability to get into a health care colonoscopy when they are 50, and peo- are the kind of letters I am getting plan and take care of herself. That is ple should be tested by mammography from people saying: Please include a what you and I are fighting for. We are and should have mammograms and all public option. I am 58 years old. I am going to keep doing this. We are going of that. I mean, none of us probably not yet eligible for Medicare. I was di- to keep doing this because we have a goes in as often as we should for the agnosed with diabetes. I need to do lot of days to keep pushing forward. We preventive care and the tests, but an this; I need to do that. That is what is will make this happen. awful lot of people would like to do so very important about the public op- With that, I know the Senator has a that and simply can’t because of the tion. couple more things to say. You should cost. I yield to Senator UDALL. show the Presiding Officer Alaska on This legislation would say: If you are Mr. UDALL of New Mexico. One of that map. What does it say? going in for something like a mammo- those charts you put up over there em- Mr. BROWN. More than 80 percent of grams or for something like a phasized the point of competition in insurance is controlled by two compa- colonoscopy, there will be no copays. It the marketplace and how much we nies in Alaska. That is a pretty com- will encourage people to get into the need competition. We joined together pelling case. system. Then, if they are diagnosed with the majority of our colleagues in I thank Senator UDALL and also Sen- with cancer, they are diagnosed typi- the caucus to sign a letter to our lead- ator BENNET from Colorado, as well as cally in the early stages, and it is cer- ership. I think one of the paragraphs in Senators SANDERS, WHITEHOUSE, CASEY, tainly more likely to save their lives, this letter is particularly persuasive. MERKLEY, and STABENOW. It shows the and it is much less expensive as a re- The Senator’s signature is the No. 1 breadth of support for the public option sult of going into the system earlier. signature on this letter, but we wrote: because it injects competition into the So it ultimately saves us money by Opponents of health care reform argue that system. It will keep the insurance com- telling insurance companies: You are a public option presents unfair competition panies honest, and it will bring pres- not going to do that anymore. to the private insurance companies. How- sure to keep prices down. That is so clear to me, that if we are ever, it is possible to create a public health My last 5 minutes I yield to Senator going to do this right, we need to make insurance option that is modeled after pri- BENNET who has a sobering issue he vate insurance. Rates are negotiated and sure women are treated better by this wishes to discuss. providers are not required to participate in Mr. BENNET. Mr. President, I thank system, no longer preexisting condi- the plan. As you know, this is the Senate tions and all that. HELP Committee’s approach. the Senator from Ohio for letting me have the last 5 minutes. I will close and then turn to Senator This is the public option we are talk- (The remarks of Mr. BENNET are UDALL or Senator BENNET, if they ing about that was passed out of the printed in today’s RECORD under would like. Kennedy committee and is available to I have another letter I got—exactly ‘‘Morning Business.’’) be inserted in the bill on which we are what I was talking about. The PRESIDING OFFICER. The Sen- Darlene from Mahoning County: going to vote. ator from Oklahoma. The major differences between the public I lost my job in May 2007 after 27 years Mr. COBURN. Mr. President, I lis- option and for-profit plans are that the pub- with the company. For a while, I did not tened very patiently to the last 2 hours lic plan would report to taxpayers, not to have any health problems. I paid for private shareholders, and the public plan would be about why we need a government-run coverage with my unemployment check and available continuously in all parts of the plan. I want to concur with my col- savings. Within the last year, I started hav- country. leagues about the problems in the in- ing medical problems. I was diagnosed with surance industry. There is no question diabetes. I had back surgery in July to re- So small business people in New Mex- lieve severe back pain. I now have to pay ico would have an opportunity to get they are great. But the reason the premiums with my savings. When my sav- into this public option insurance plan. problems are great is because there is ings run out, so will my insurance. Please do The number one goal of health reform no real competition today. The rhetor- something to help. must be to look out for the best interests of ical question is, you can’t have it both She is not yet eligible for Medicare. the American people—patients and taxpayers ways. Nobody wants it both ways. The So many of these letters just cry out: alike—not the profit margins of insurance fact is, I saw this on the Internet this I am trying to get through the next companies. week. I thought it was appropriate for year or the next 3 years, the next 6 We have to get competition into the where we are. Here is a youngster years, whatever, until I am eligible for market. We know that health insur- walking on a street. She says: Medicare, I am just trying to get ance markets are effective monopolies I’m already $38,375 in debt and I only own through. And it really is a call for help, or in some cases duopolies. In New a doll house. and it really is a plea from people in Mexico we have two companies that Everybody agrees we have a too cost- my State, people in Warren and people hold 65 percent of the market. There is ly health care system. Everybody in Bellaire and people in Gallipolis and no incentive for competition. There is agrees we need to fix that. What we people in Crestline: Please help us in no incentive for lower cost. In fact, don’t agree on is how to fix it. We have these years when we are in our late fif- what we do under the law is, we allow heard 2 hours of what is wrong with the ties, early sixties. We are going to be in these insurance companies to be ex- private insurance industry that has not Medicare pretty soon. We know Medi- empted from antitrust laws. For most been allowed to be competitive, has not care works for us. We know this gov- of the other businesses in America, we been forced to be competitive. And yet

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.081 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10301 the answer to that question is that we ment plan is we are going to turn it So when less than 3 percent of the want the government involved. The into another Medicare. It will supply people—and I am all for compensating Senator from Pennsylvania talked people health care. It will lower their people who are truly injured. I have no about all the government programs. costs. But we are going to transfer the problems with that. As a physician Sixty-one percent of all health care cost to this little girl. It is just $440 practicing over 25 years, there is no today comes through the government. billion spent on Medicare this year, of question I have made mistakes. There Every government program is over which $80 billion of it was fraud. is no question. There are no doctors budget, associated with fraud, and inef- So the problem is, which solution do who are perfect, and, consequently, fective in its implementation on a cost you think works better? Do you think sometimes people are injured because basis. That doesn’t mean we want to we have the history that says govern- of doctors’ mistakes. Most of the time get rid of them. It means we want to ment-run health care is efficient and they are not. And it is not about not make them better. The real problem effective and, therefore, we ought to do compensating the injured. It is about with having the government do more more of it or should we say: We know changing the mindset in this country is, right now 43 cents out of every dol- what works in the rest of the industries that you can extort people into set- lar we are spending we are borrowing. and markets in this country. Maybe we tling when you have no real claim, and We create a government plan. We put ought to allow markets to truly com- that is what is going on with 85 to 90 $60 billion into it, and we can create pete—which nobody wants to do—to percent of the cases. competition. But we don’t have com- force the insurance industry into a So the answer for health care is: con- competitive structure where you can petition now. Everybody agrees with trolling costs. So how do we best do actually see what you are getting and that. Nobody denies that we don’t have that? It is interesting, we have had the you can see what you are paying. accusation that there are no other good competition. But we don’t have The other problem about this little plans out there. My colleague from good competition because we have number is, not only does she have North Carolina and I introduced the failed to act. $38,000 in debt right now, and another The Senator from Ohio showed a first plan in Congress for health care. $800,000 when she gets ready to buy her chart of CEOs’ pay. If they were having What does it do versus what the Bau- insurance, we are going to tell her to compete, that pay wouldn’t be there, cus bill or the public option bill will what she is going to buy. We are going do, according to CBO? We cover 94 per- especially not at that level. I don’t dis- to take the freedom away from her to cent of Americans—identical to what agree with that. But the way to control decide what is best for her and her fam- the Baucus bill does. So 94 percent of that is real competition. Forty-three ily. Then we are going to yoke her with all Americans will get covered under cents of every dollar we spend this year a whole bunch more taxes. we will borrow. And it will be worse There is no disagreement in this body our bill. We save the Federal Govern- next year. It will be 45, 46 cents next that we need to make changes in ment $70 billion in the first 10 years, year of what we spend we will borrow. health care; and the assumption that close to $1 trillion in the second 10 This picture doesn’t talk about what anybody would say that is absolutely years. she owes. This is just what the debt is erroneous and fictitious. We recognize What does the Baucus bill do? It now, just the $11.8 trillion. What she that. The question is, which way do saves $88 billion, and nobody knows owes is another $400,000, because we are you fix health care? Do you fix it with what it is going to save after that. But paying out of Medicare what we have a government that is bankrupt already, it costs the States billions. Our bill never created the tax base to fund. So that has stolen the future from the saves the States, in the first 10 years, in fact what we are doing is, we are next two generations, and add more on $960 billion. We cover more people, with going to charge this little girl for our to them or do we get common sense no increase in the cost to the Federal Medicare. The impact of that is when back in and say: Well, first of all, we Government, versus a marked increase she was born she owed $400,000. By the can eliminate 8 percent of the cost if in the cost to the States by the Baucus time she is 20, she will owe $800,000. we have good tort reform in this coun- bill, or by the public option plan. What will happen to her? try because 8 percent of the cost of It eliminates preexisting condition. There is no question we have positive health care is defensive medicine. We all agree we need to do that. No- benefits with Medicare. There is no I read a study this week. It is inter- body is fighting that. The question is, question we are taking care of people esting—and I have some passion about how do you do it? Do you do it in a who can’t take care of themselves this because I have been on the end of competitive model that costs insurance through Medicaid. There is a question those lawsuits—I would note that the companies pain if they are not covering of how effective we are doing with Na- vast majority of those who have been the people properly? And if, in fact, tive American tribes in terms of that. discussing health care for the last 2 there is an incentive to cover pre- We are seeing improvements in vet- years are lawyers. They are not doc- existing conditions, then you have an erans health care. We have all these tors. They never laid their hands on a incentive for the insurance companies different programs that are run patient. They never stayed up 20 hours to invest in the management of chronic through the government. So when you in a row to take care of somebody who care rather than ignore covering some- only have 39 percent of the health care needed them. They have all the an- body. in the country to put into the market, swers, but they have never been in I do not deny there is cherry-picking it is going to be very difficult to lower health care. going on right now, but it is only be- costs. Here are what the numbers are on cause we allow it. We do not have to What is the problem with health care malpractice lawsuits in the United allow it. But the answer does not have in America today? The problem is cost. States: Eighty percent of all the cases to automatically be another long-term, It is too expensive. It is about 40 per- that are filed are thrown out of court. bankrupt plan run by the government. cent more expensive here than any- Of the remaining 20 percent, 89 percent Nobody can deny the $95 trillion, 100- where else in the world. Why is that? are thrown out of court. So 3 percent of year unfunded liability for Medicare. Well, there are a lot of reasons for it. the cases are legitimate in this coun- That is GAO, that is CBO, and that is But the first reason is, we will not try. What do you think that is costing the Medicare trustees. You cannot allow real markets to develop in the us? And we ignore it? We are not even deny that. health insurance industry. We have going to talk about the fact that we So we have a program that seniors stopped it. And now we come and say: have an extortioned service going on in are fairly happy with, except the Bau- We are unhappy with it, so we want to health care that does not cost the law- cus plan is going to cut a half a trillion create a government plan—a govern- yers a thing? It costs everybody else in dollars out of it. But we cannot pay for ment plan that will compete. this country billions of dollars a year it. So we are not doing anything to I do not have any problem if you cre- because we are doing tests that nobody drive that cost down, to drive in effi- ate a government plan if you fund it needs, except the doctors to defend ciency. What we are going to do is cre- and make it competitive. But that is themselves. And that is $200 billion a ate more government, to have another not what we are going to do. Because year out of $2.4 trillion. That is what plan that is going to get in the same what we are going to do with a govern- the number is. shape as Medicare.

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.083 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10302 CONGRESSIONAL RECORD — SENATE October 8, 2009 We all want the same thing. We want a lot more than that because we know Common sense would tell you that to get everybody covered in this coun- we are not about to do that. But we do when you are in the type of financial try. We want the cost of health care to not have the courage to admit that. We shape the United States of America is be affordable. And we do not want to do not have the courage to ask for an in, not only do you stop spending, you bankrupt our children. We have al- honest score. begin to look for ways to curb spending ready bankrupted them. So the danger The other difference is, we empower and a way to invest to reduce the def- of having a government-centered, gov- patients and States, not bureaucrats. icit. Because the deficit is what our ernment-centric, government-run, gov- We preserve the right, the inherent in- children and our grandchildren will in- ernment-devised, government-managed dividual liberty right, of an individual herit. If you believe it is unsustainable health care program—just by history, to decide what is best for them rather at its current level of investment, then look at what we have done. than having the government decide you sort of understand where Dr. Medicaid costs tons more than it was what is best for them. In our bill, 9 out COBURN and I are coming from. ever supposed to cost. SCHIP costs of 10 Americans get a tax cut. The worst place we can start is: How tons more than it was ever supposed to So let me draw the parallel again. We much more money do we need to spend cost. Medicare costs tons more than it do not have a government-run pro- to do health care reform? But the truth was ever supposed to cost. Indian gram. We save the Federal Government is, the Baucus plan is not health care health care—it does not cost more be- money. We save the States $1 trillion. reform. It is health care expansion. The cause we just let them suffer. We do We get more people covered than any debate in Washington is not about how not put the money into it. VA costs other plan that is out there. Nine out to reform health care. It is about how tons more than it was ever supposed to of 10 Americans get a tax cut. We to expand health care. And once you cost. TRICARE costs more than it was eliminate preexisting illness. And we determine the pool you are going to expand it to, the $64 million question is: ever supposed to cost. They are all gov- bend the cost curve down considerably. How do we pay for it so the CBO says ernment programs. They are all way And, oh, by the way, we do not destroy innovation in health care, which we have paid for it? over budget. What I would like to do is spend a lit- So the question the American people is 75 percent of the innovation in the tle bit of time exploring how the Bau- ought to ask is: If we all want to get world, which will go away if any of cus plan pays for it with the caveat up everybody covered, and we all want to these other plans are instituted—the front of saying—as it relates to Dr. drive down costs, does the government incentive to put capital at risk to create opportunity for medical innova- COBURN and myself—we don’t believe have a track record that says it has we have to spend more to reform done that? No. As a matter of fact, it tion. There is a lot I could say, but I think health care. I think from what he said has done the opposite of that. about the Patients’ Choice Act, we So it is not a matter of whether you what I would like to do is yield to my have made the point. We were the first trust in government. We have 61 per- colleague from North Carolina in terms two people in the Congress—House or cent of health care running through of someone who has been with me, who Senate—to introduce comprehensive government. And as a physician who knows health care, who has been from legislation. We cover the same amount has practiced for over 25 years, I will the start working with us to try to put forward a plan that says we can accom- of additional Americans that the Bau- tell you, it is my opinion the reason plish this same thing and save tons of cus plan covers. We do it without mak- costs are out of control is not because money. ing additional taxpayer investments in of the insurance industry—and I am Mr. President, I yield to my col- the expansion of coverage. Why? Be- not a defender of them; as a matter of league from North Carolina. cause in addition to expanding cov- fact, I hate them about as bad as I hate The PRESIDING OFFICER. The Sen- erage, we reform health care. We actu- anybody telling me what I am going to ator from North Carolina. ally bend the cost curve. We change the do to my patient—the problem is, we Mr. BURR. Mr. President, I thank tax application to where it is fair and have directives coming from the gov- the doctor from Oklahoma, my col- equal for all people. ernment that have disrupted the mar- league, my friend. Let me say from the What we have to realize is, the Bau- ket in health care and created this tre- start, 31⁄2 years ago, TOM COBURN and I cus plan is a 10-year plan. We collect mendous differential. sat down and realized health care was revenues for 10 years and we pay out The other difference that we have in unsustainable at its current level of infor the expansion in 61⁄2 years. Let me the Patients’ Choice Act is that we do vestment. say it again. We are collecting tax rev- not put another burden on the States, The American people have com- enues for 10 years, but we are only pay- which all these bills do. The States are plained because they have seen a proc- ing benefit expansions for 61⁄2 years. We swimming in debt. They are struggling ess that has gone too quickly. Well, in have to look at years 10 through 20 if to stay ahead, and we are transferring the Patients’ Choice Act you find 31⁄2 you want to see 10 years’ worth of rev- billions, almost—we are transferring years worth of work—a bill that was enue collection and 10 years’ worth of trillions of dollars of expense to the designed to take 4 years before we expenses. As a matter of fact, if you State. We are making it nice for four thought we had the right information took the first 10 years and you applied States. We have picked four States and we needed to do health care reform what is done in the bill and said: Well, we have said: You don’t have any cost adequately. if they started making payments in the the first 5 years. We just, out of the With the change in the administra- first year, this bill would actually cost hat—because they are having a little tions, the new President and his time- $1.8 trillion, not $829 billion but $1.8 worse economic time than others, we frame, we accelerated it. But let me trillion. have said: You don’t have it. But for say, right from the start, it is Incorporated in the Baucus bill are the rest of the States, it is the mother unsustainable at its current level of in- cuts to Medicare, cuts that equal $449 of all mandates, and they will never be vestment. It is 17 percent of our gross billion. Dr. COBURN talked about the able to afford it. domestic product. Health care has to imminent reduction to physician reim- There is also another little sneaky be reformed. bursements: 21 percent projected. We provision in the bills—both in the I personally believed the debate we all agree we are never going to make HELP bill, the House bill, and the Bau- were going to have in Washington was that. One of the attractions for health cus bill—which is, we know we are not over what type of reform. Dr. COBURN care professionals was the Baucus bill going to cut doctors’ fees 21 percent. raises a good point: cost. Where are we said in year one, we are not going to The Presiding Officer would agree to from the standpoint of our Nation? make those cuts. Well, they are going that, the Senator from Colorado knows I happened to gaze, as I was waiting to cut Medicare over 10 years by $449 we are not going to do that. But we are for the last speakers to finish, on the billion. This is giving with one hand not going to recognize it. We are not page of this publication. It says: Bau- and taking away with the other hand. going to recognize that cost. So we are cus Bill Projected at $829 billion. In the Health care professionals around this playing games with the American peo- small box down at the bottom of the country have realized that, even ple. We are saying: Here is what it page—CBO: Deficit Hits Record $1.4 though their association that rep- costs, when we know it is going to cost trillion for Fiscal Year 2009. resents them doesn’t.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.082 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10303 The Baucus bill cuts $117.4 billion in are not going to charge you because have all the insurance they need; for Medicare Advantage. My colleagues are you are in tough economic times. Well, somebody who walks in and is chron- probably saying: What is Medicare Ad- North Carolina is at 10.8 percent. Why ically ill, has a chronic disease and vantage? Well, it is the preferred plan aren’t we included? Our cost, when the they are making payments, they are of 20 percent of America’s seniors. Federal Government makes North covering their copays, they occasion- Twenty percent of our seniors on Medi- Carolina ante up, is going to be south ally go to the hospital, they have that care have chosen Medicare Advantage, of $1 billion a year for a State that had $50 charge for walking in the door, even a private sector option to traditional a $4 billion shortfall. Where is my Gov- though they have insurance. They are Medicare, where they have looked at ernor in her outrage at the proposal to making it at the end of the year, even the two and they said: I would rather expand Medicaid to 133 percent of pov- though they make $20,000 or $25,000 a have Medicare Advantage, because erty? year, and all of a sudden, 21⁄2 percent of when I go in the hospital, Medicare is The tough thing is, this plan has been their adjusted gross income is no going to charge me a $750 deductible sold that it is not going to cost any- longer a deduction they get. What is right off the bat. Medicare Advantage? body anything, and the truth is it is that? That is taxing the chronically ill Zero. For traditional Medicare, you are going to cost seniors, it is going to cost in this country. going to have to have Part A, Part B, taxpayers, it is going to cost the unem- Listen, I have to give them credit. Part D. Medicare Advantage, you get it ployed but, more importantly, it is They have left nobody out of this bill all as one lump sum. You don’t have to going to cost people who have health from taxes. They have left nobody out make separate selections. They provide care insurance today. People who have of this bill from instituting a new fee. you the doctor coverage, the hospital the money to purchase theirs and peo- As a matter of fact, some of it we are coverage, the drug coverage all in one ple whose employer offers them health going to have to take for granted is plan. care, their cost is going to go up be- going to be applied to us in an indirect Why is it under the target of some in cause of the restrictions and the man- way because incorporated in the Bau- Washington to cut $117 billion? They dates that exist within the Baucus bill. cus bill we collect a new device tax. To say it is because we pay 114 percent of The Baucus bill would impose an an- the heart patient who goes in and gets Medicare per person allocations to Ad- nual $6.7 billion fee on insurance com- a heart catheterization, to the senior vantage, where we pay 100 percent in panies; $6.7 billion a year; over 10 who goes in and gets a hip replace- traditional fee for service. That is ex- years, $67 billion. So a $67 billion new ment, it is a device. For any medical actly right. I remember the debate we fee on the insurance companies that we device that is used, there is a $40 bil- had in Washington when we did it. Be- are trying to make the American peo- lion device tax over 10 years. cause the objective then was: How do ple believe are going to reduce pre- What does that do for the innovation you get Medicare Advantage to offer miums, reduce costs, and we are stick- of new devices? Dr. COBURN can speak this plan in rural America? To offer it ing them with a $67 billion pricetag. to it better than I can. When we were in rural America meant you had to There is nobody in America when they able to switch from open heart surgery offer a greater reimbursement. This hear this who believes that health care to bypass surgery, we probably went isn’t reflective of a windfall for the in- is going to go down for the American from $40,000 or $60,000. When we were surance companies; it was an incentive people. For every person who currently able to catheterize somebody and put a to offer this choice not just to urban has a plan today, I will assure my col- stent in, we reduced significantly the seniors but to seniors everywhere in leagues their premium will go up. They cost, we reduced significantly the inva- America. In my State of North Caro- will pay more money, not less money. sion, we were able to raise the quality lina, 17 percent of all the Medicare We grow the IRS. There is something of life. We couldn’t have done that if beneficiaries are enrolled in Medicare we haven’t talked about because of the somebody hadn’t innovated a cath and Advantage. When anybody gets up and requirements in this bill to collect fees a stent. We would still be doing all by- says pass this bill, the Baucus bill, and and to collect taxes. It is estimated by pass surgeries. You think through all you can keep your health care if you the Lewin Group that the IRS would the medical procedures we do in this like it, there is a caveat to that. Unless need a 25-percent increase in their country and you think about all the you are 17 percent of the seniors in budget. The IRS currently gets $12 bil- devices that have been created by com- North Carolina or you are 23 percent of lion annually for their administrative panies and by doctors so they can be the seniors nationally, you lose your costs. The administration costs for im- less invasive because they understand plan. You are going to go back into plementing the exchange subsidies every time they go into somebody, traditional Medicare. You are going to would add nearly $40 billion from the every time they cut in, there is a fear go back to where, when you enter the Baucus bill. We have additional costs of infection today; there is a con- hospital, they are going to say write at the IRS because we have to increase sequence of recovery. It means a stay me a check for $750 annually; where by 25 percent the IRS requirements to in the hospital is longer. your Part B is a separate payment; go and collect and enforce this. When you see a new device enter into where your Part D is something you We tax the chronically ill. I thought the marketplace, you actually see a have to figure out as to which plan you this one was one of those myths that new efficiency come into health care. want versus something that is seamless late night TV talks about. We tax the You see reduced health care costs be- and covers everything. I will assure ev- chronically ill in the Baucus bill. Let cause you are taking either somebody erybody a $117 billion cut to Medicare me explain what I mean. Current law out of an inpatient setting and you are Advantage will eliminate that product says that if your health care charges putting them in an outpatient setting, from the marketplace. Nobody will exceed 7.5 percent of your annual in- or you are taking an inpatient patient offer it. Twenty percent of America’s come, then you can deduct that off and you are getting them out of the seniors will lose the insurance they your taxes. Clearly, the lower your in- hospital faster. Actually, you could prefer, not keep it. come, the more likely you are to uti- make the case that innovation of med- Medicaid expansion. It seems like a lize the 7.5 percent exclusion. So what ical devices is health care reform be- sensible way to go if you want to ex- does the Baucus bill do to raise money? cause it is driving down costs, because pand coverage, which is where the de- It raises the exclusion to 10 percent. In- it is moving patients out, and the net bate has been in Washington. Well, stead of at 7.5 percent of your adjusted result is the quality of life goes up. let’s simply take a coverage tool that gross income being able to deduct any- But, in this bill, we raise $40 billion is out there today—Medicaid—and let’s thing that exceeds that, it says you over 10 years, or $4 billion a year on raise the income limit so more people have to exceed 10 percent of your ad- taxes on devices. qualify for it. So instead of 100 percent justed gross income. For somebody who If you listen to the things I have of poverty, we raise it to 133 percent of makes $1 million a year, this is no big talked about, you are probably sitting poverty. It costs $345 billion. There is deal. They probably have more than at home trying to figure this out: I am $33 billion in direct State spending. As enough insurance to take care of it. going to pay more in health care be- Dr. COBURN said, four States are sort of For somebody who is on a limited in- cause they are taxing devices. I am split out of it, and they say: Well, we come; for somebody who maybe doesn’t going to pay more in health care if, in

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.084 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10304 CONGRESSIONAL RECORD — SENATE October 8, 2009 fact, I have a chronic illness because I year alone there is a $1.4 trillion def- little girl is going to have, or maybe we am not going to be able to deduct that icit. That is $1.4 trillion we didn’t have can work together and say the insur- out-of-pocket cost that is between 71⁄2 that we had to borrow. ance companies are bad, but can we percent and 10 percent of my adjusted The last thing we need is more keep something like that and make gross income. I am going to have to money in health care. It is 16 percent them efficient? Can we allow people to cover, as a taxpayer, a 25-percent ex- of our GDP, and we cannot maintain buy across State lines? Can we give pansion in the IRS. They are going to that level of investment. The challenge people opportunities to buy what they impose a $6.7 billion so-called fee on is on us to come up with the reforms want to buy rather than being limited? the insurance industry, or $67 billion that continue to invest and promote Do we trust people to make good over 10 years, while I have an insurance innovation, that expand coverage and, enough decisions for themselves? policy, so that fee is going to be passed more important, reduce costs. The Baucus plan doesn’t do that. It through to me as a covered life under What do the American people want? says we have three or four plans from the insurance plan. They want health care costs to go which you get to choose, but we are I am going to pick up, in the State in down, and they want quality to go up. going to tell you what you have to buy. which I live, the increase in the limita- We don’t accomplish that in the Bau- And, by the way, you have to buy in- tions on Medicaid when we go from 100 cus bill, but you do in the Coburn-Burr surance in this country. Think about percent of poverty to 133 percent of bill. It is not perfect, but it heads in that. poverty. How can you make a claim the right direction. I carry with me a copy of the the that this bends the cost curve? If you I yield to my good friend from Okla- U.S. Constitution all the time. Every tried to make the claim, it bends the homa. bill out there has said you don’t have cost curve up not down. Mr. COBURN. I thank the Senator. I liberty because the Federal Govern- Dr. COBURN and I listened very in- am sitting here thinking, if I was sit- ment is going to tell you where you tently as the President kicked off this ting at home tonight listening to this, have to spend your money. You have to debate: Create a program that provides how do I hear the story that I heard for buy an insurance policy. So if you coverage for as many Americans as we 2 hours on having a government-run make a quarter million dollars a year, possibly could. We did that. Bend the plan and how bad the insurance indus- it doesn’t matter if you want to fund cost curve down. Well, we make a di- try is? As a physician, I don’t like that self-insurance, it doesn’t count. rect investment in prevention, well- them a whole lot, I can tell you that. I You still have to do that. If you don’t, ness, and chronic disease manage- don’t like some of their tactics. I cer- you are liable to a tax. If you don’t pay ment—the only three direct areas of tainly don’t like the way they cancel the tax, a $25,000 fine. If you don’t pay savings in health care. We can talk all insurance policies on people. There is a the fine, you are in jail for a year. night about tort reform and about dif- lot about them I don’t like. But I don’t How do we get off telling people that ferent aspects. They are indirect and want to eliminate them. What I want and taking away that liberty, that there are significant savings we can to do is create a real market where freedom that is supposed to be guaran- achieve by incorporating those reforms they have to be savvy and compete and teed under the Constitution? The an- into health care. they have to be efficient and they have swer is, well, it is better for everybody In the Patients’ Choice Act, we elect- to help us help one another get well. because if we don’t have everybody ed to keep it narrowly targeted, and we We are going to hear a lot over the covered, then it is going to cost more invest in prevention, wellness, and next month on health care. We are because that is the big government an- chronic disease management. Why? Be- going to hear all these claims, much swer to it. Maybe it will cost more if cause we went to States, businesses, like we did from Congressman GRAY- we force and drive competition, if we and self-insured companies that went 4 SON, who made an outlandish claim create transparent markets, where you years and didn’t have an increase in that my side of the aisle wants people know what something costs before you health care costs. Why? Because they to die. That is what was said in the get it in health care. In fact, there is a changed the lifestyle of their workers. House of Representatives. What I want real connection with the purchase of They actually paid their workers, in is people to live. I want this little girl health care and the payment because some cases, to quit smoking, to lose in the picture to live too. everywhere we have tried that, it is weight, to get exercise, or to take an Do we have an unsolvable problem? working to control health care costs. education program on a chronic disease No. Do we have ways of making health But we refuse to do it. they had to make sure they got the care costs much less in this country? Frankly, the reason our idea is re- treatment they needed. Yes. Do we have ways of ensuring injected, which is changing the Tax Code The net result? In every case, the creased innovation and advanced dis- to treat everybody the same under the per-enrollee savings were so significant ease prevention in this country? Yes. Tax Code, is because the labor unions that the companies continued to try to Do we have ways to protect this little don’t want that to happen. That is ex- figure out how they could spend more girl in the photo? Yes. But the debate actly why. Everybody knows that is to reduce health care costs. The qual- is over how we do that. One side says the problem. Everybody in the country ity of life for their employees was bet- we do it by making the government a knows that is the problem, but we ter. The productivity of the employees whole lot bigger—$1 trillion bigger, $3 don’t have the political courage to face was better, and they had no annual in- trillion bigger over the next 20 years. up to how to fix the problem. crease in their health care costs. That is one side of the debate. As soon as you make everybody the We are sitting here ignoring every- Our side of the debate says this is in- same under the Tax Code, you empower thing that has been learned in America efficient health care. We want to cover 35 million Americans who don’t have by private self-insured companies and everybody. We never want anybody to insurance today to get it. You save the by some insurers who are doing cre- go bankrupt or to be denied care. We States $1 trillion over the next 10 ative things, targeting chronic disease, think you can do that without growing years, and you give 95 percent of Amer- and actually paying doctors to educate. the government by 25 percent. We icans a tax cut, and guys like me will We have ignored all of this. Why? Be- think there are other ways to do it. We pay a little bit more for my health in- cause we are having a debate in Wash- are honestly worried about our track surance and income tax. But we will ington with the Baucus bill about cov- record in Washington when we have a not do that because the powers that de- erage expansion, not about health care $1.4 trillion deficit this year and a liver politicians to Washington are reform. Medicare Program that is absolutely more powerful than the principles and Coverage expansion costs a lot of bankrupt—it will run out of money in the character to follow the pursuit of money—$829 billion. We are having less than 7 years from now, totally out the Constitution. that debate and telling the American of money—and we are going to be bor- This little girl in the picture, and ev- people this is about reform. If you read rowing it all then. Is there another way erybody like her in this country, is at the fine print, the bottom of the page, to do it? So either we make a large risk today. We are going to have this and if you read the part they don’t jump in the size of the Federal Govern- great big debate and say how bad the want you to remember, it says this ment and add to the $838,000 that this insurance companies are and how bad

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.084 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10305 the government programs are. But the can solve the health care problem. I I believe when you lay it out there fact is, we don’t have a bipartisan bill. think we can do it without enlarging and you come up with a successful Our ideas were thrown out, 13–10, at the Federal Government. Especially plan, you have every right to be crit- both the Finance Committee and the when we pay 40 percent more than any- ical. I do question the ones who do not HELP Committee—13–10, 13–10, 13–10— body in the world, there ought to be offer an alternative. But we have of- because the idea is they didn’t want a savings that we can get to make health fered a solution, and that solution was compromise bill. They didn’t want to care cost less and to cover everybody based on three fundamental principles: solve the problems. They wanted their else. I know we have seen the studies One, it had to cover everybody. The way or the highway. that show that. way our bill is structured, every Amer- So, consequently, we are going to get So why isn’t it going to happen? Why ican receives the same financial sti- a bill. I have no doubt. But my little isn’t there going to be a bipartisan pend regardless of whether they work Lucy right here and her football—she bill? It is all political. It is not about or whether they don’t, regardless of is going to lose her football. She is not the people in this country, it is about where they live. We treat everybody going to have any little Lucys because the political power structure in this the same. she is not going to be able to afford country. Two, if you are going to get cost sav- them. She is going to be paying off her Problems can be solved, common ings, then you have to make direct in- $800,000 worth of government obliga- sense applied to limited government vestments in prevention, wellness, and tions starting at age 20, and she will and restoring freedom to individuals. chronic disease management. The Pa- never climb out of the pit. There are going to be so many law- tients’ Choice Act makes direct invest- So when America thinks about suits in this country, most of them le- ments in prevention, wellness, and health care, there are a lot of ways to gitimate, over the health care bill. You chronic disease management. solve it. One is to trust what makes will not be able to uphold a challenge Three, is it financially sustainable America great—granted, with some to the Constitution of forcing me to into the future? We probably should changes—or the other is to trust the pay, take my money that I earn pri- have started with this one versus save government to create more govern- vately and spend it on what you say I it for last. Why in the world would we ment programs. have to spend it on. It is one of the create a health care system in America I will just add this one point. Do you greatest denials of liberty I ever heard if it is not sustainable? If it is not fi- realize that in the bill that passed the of, and it is going to get challenged. It nancially sustainable, why would we HELP Committee there are 88 is going to go through the courts fast, even consider that legislation in the brandnew government programs—88; and I suspect the courts are going to Congress of the United States? If it did 219 times we have held the Secretary of uphold the citizens of this country not pass the test of time, why would it HHS to write in-depth regulations. rather than the power center. even be worthy of debate? Now, 88 programs interfering in health I yield the floor or I yield back to my Unless we expect people outside of care are going to be problem enough. colleague from North Carolina. America to continue to finance our But 219 new sets of regulations—oh, by Mr. BURR. Mr. President, I thank urge to spend, then I have to tell you, the way, we created the comparative Senator COBURN for yielding. Let me we are not going to have any money— effectiveness committee with the stim- just say the reason he is gray is be- either that or we are going to have to ulus bill, and we are going to have 26 cause he cares. This is a Member of the tax the American people to a point people tell every doctor in the country Senate who typically on Monday morn- where they are not going to want to be how they are going to practice medi- ing delivers babies, and all weekend successful, they are not going to want cine, what is right and what is not long. Before he comes back to Wash- to work overtime, they are not going right. And, by the way, in all the com- ington, he practices medicine. to want to switch jobs because the ben- mittees a prohibition on rationing was This institution looked at what he efit to them of being successful is to be voted down. did and said: You can’t charge for what punished by taxes. What are we to think? We are going you do even though it costs you $200,000 This bill is filled with new fees, new to create a large government program a year to keep your practice open, your taxes. True reform that expands cov- and grow the government by $1 trillion license in place, to buy your liability erage would pay for itself. Think about over the next 10 years, $2 billion-plus, insurance. They said that is illegal that. If you truly reformed health care, maybe $3 trillion in the next 10 years, under Senate rules. would the reforms through savings not and we are going to have Washington So TOM COBURN is a unique indi- pay for the expansion? Shouldn’t this tell people how the physicians and vidual. He sees women who are preg- be a net sum game? caregivers will treat, what they will nant. He delivers babies. But he doesn’t We have left out of the bill shopping use to treat, and all the time little take any payment for it. He keeps his across State lines for insurance. It Lucy will not matter if she gets sick. license up to date. To some degree, it is saves money. The American people are We will have already made her sick be- charity care because he believes it is sitting there: Why aren’t you doing cause we have stolen her future, her the right thing to do. More important, this? Tort reform saves money. The absolute future. he understands that what we do here American people are sitting there: Why It is a cute picture, but it sends a affects what our children and our aren’t you doing this? devastating message to us as leaders in grandchildren get in inheritance from Let me end on one that I think the this country. How dare we do that. I us—not financial inheritance, in oppor- American people are really plugged wanted to bring out my other charts tunity. into. Congress, which plan are you put- tonight, but I didn’t want to bore ev- Why are we passionate about the ting yourself under? You designed this erybody. The fact is, the appropria- debt? Why are we passionate about plan for everybody in America. Is it the tions bills that were passed—if we keep trampling on the Constitution? Be- plan you are going to have? You know doing what we are doing—America, cause every time we do it, we take an what, in the Finance Committee, in the hear this—we are going to double the opportunity away from the next gen- HELP Committee, in the House com- size of the Federal Government in 31⁄2 eration. We reduce their ability to be mittees, there have been amendments years. successful, whatever their definition is. that said Congress has to take the plan We passed the Agriculture bill today, TOM COBURN covered it very well. We they create for the American people. which is 22 percent bigger, and it was are somewhat impassioned about our That government option, that is what 15 percent last year, and that doesn’t criticism toward the bills that passed Congress has to be under. It has been count any of the supplemental and the out of the HELP Committee, the Fi- rejected every time it has been offered. stimulus money. It doesn’t take long, nance Committee soon, and the three But you see, Dr. COBURN and I took a if you are growing something at 22 per- bills in the House. Why? Because we in- different approach because in the Pa- cent, for it to double. troduced our bill first. We laid our tients’ Choice Act, we had to set what My gray hair comes from the fact cards on the table. We offered to work the basic minimum plan was going to that I think we are missing a great opin a bipartisan way with anybody, and be. Do you know what we put? The portunity to work together. I think we we had no takers. Federal Employees Health Benefits

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.085 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10306 CONGRESSIONAL RECORD — SENATE October 8, 2009 Program. We didn’t put them into the the education; you are going to make problems that deal with health care. I FEHBP, but we said it had to be equiv- sure you keep them out of the hospital; am committed to doing it, but I am not alent to what Members of Congress you are going to make sure that if they committed to rolling over and just ac- had. How could we ask the American go into the hospital you get them the cepting another expansion of the Fed- people on a plan we create to have less treatment they need to get them out as eral Government and Federal Govern- than we have? The American people ex- quickly as you can. You are not going ment spending. pect us to look after them, they don’t to deny a prescription a doctor wrote Mr. President, I yield the floor. expect us to give them less than we for them. You are not going to ques- The PRESIDING OFFICER. The Sen- have. tion a treatment a doctor chose be- ator from Colorado. It was rejected every time that was cause all of a sudden the doctor is a Mr. BENNET. Mr. President, as you offered to move Congress to their plan. partner to the insurance versus just a could hear from the remarks of the But I think it tells you a lot about the cost to the insurance. Senator from North Carolina and the Senator from Oklahoma, there is way TOM COBURN and I approached the You see, true reform has to change bill we worked on because we never health care across the board. It has to agreement on some issues. We know thought about taking us and putting us change the relationship between pa- the status quo is not going to work when it comes to health care. We know into their plan, we thought about tak- tients and insurers, between doctors our families cannot endure another ing them and raising them to our plan. and insurers, between hospitals and in- decade of double-digit cost increases There is a big difference in that. There surers. every single year in their health insur- is a big difference in looking at the Ask yourself: Does the Baucus plan ance premiums. We know we can do American people and saying, you accomplish any of it? The simple an- better than devoting a fifth of our GDP should be here; not the American peo- swer is no, it does not. That is why it to health care, when every other indus- ple saying, you should be where we are. costs $829 billion, and that is why to trialized country in the world devotes We want people to be successful in pay for it you don’t get it through sav- less than half that to health care. We this country. TOM COBURN said this is ings, you get it through taxing and know the biggest drivers of our outyear not a bipartisan bill. He is right. But I fees. You get it through the insurance budget and debt—which we do need to will end with this tonight: This is also costs of everybody who has it. You be enormously concerned about—are not a reform bill. If you want to talk achieve the costs by cutting Medicare, rising Medicare and Medicaid costs, about expanding coverage, it does an by knocking seniors off the health care and the biggest drivers of those are ris- equal job to what the Coburn-Burr bill plan they prefer. You get there by in- ing health care costs. does. If you want to judge it based creasing the income limitations on I would say, again, as I have said be- upon reform, it accomplishes no re- Medicaid, making States actually pay fore, I hope we can start on where the form. for the expansion of 11 million Ameri- areas of agreement are and try to work I encourage those who are not satis- cans who are going to be covered under from there. Because our small busi- fied with the options that have been the most inefficient health care system nesses and working families all across presented in the House or the Senate or in the country, Medicaid, where only 60 this country, including in my State of that will be debated, go on TOM’s Web percent of the health care professionals Colorado, cannot endure another 10 site, go on my Web site, Google ‘‘Pa- will even see Medicaid beneficiaries be- years like the 10 years they have en- tients’ Choice Act.’’ Read the bill. It is cause the reimbursements are so low. dured. We will not be able to compete only 200-some pages, it is not 1,000. But we are going to grow that popu- effectively in this global economy, The truth is, if we have a real de- lation by 11 million people. where we are devoting more than twice bate—at some point, we will have one We are doing an injustice to these what any other industrialized country about health care reform—I could sug- people to put them in a plan where in the world is devoting to just one sec- gest to the American people one word only 60 percent of the health care pro- tor of our economy—health care—and that would drastically reform health fessionals will see them. They will not we are not going to keep the kind of care, that could replace all 1,000 pages get the education they need for chronic commitment the Senator from Okla- of a House or Senate bill. It is called disease management. They will not homa was talking about to the young portability. It is called the ability for make the lifestyle changes because girl in the photograph or, for that mat- an individual employee to take their Medicaid does not pay for prevention, ter, to my three daughters at home, insurance from one employer to an- wellness, or chronic disease manage- who are 10, 8, and 5. I am deeply con- other, not to be construed in any way ment, nor does Medicare, nor does the cerned about where we are with respect because they have a preexisting condi- VA, nor does Indian Health. Show me a to our deficits and our debt. tion, but also to recognize the fact that government plan that pays for preven- So while we are disagreeing about when you do portability, you change tion, wellness, and chronic disease the outcomes, I think there is a grow- drastically the way insurers look at management, and I will quit coming to ing understanding that the current sys- covered lives. the floor and quit talking about the tem just will not do. I think the American people would be lack of reform. AFGHANISTAN shocked to know the average person is The truth is, the Baucus plan tries to Mr. President, I am here to talk a lit- under a health care plan for an average replicate what the Federal Government tle bit about Afghanistan, and just for of 41⁄2 years right now. Ask yourself: If has, and it does not have prevention, a few minutes because yesterday we I am an insurer and I am going to in- wellness, and chronic disease manage- reached the 8-year anniversary of the vest in somebody’s lifestyle changes ment today. It will not have it tomor- war in Afghanistan. On this occasion, and I am only going to have them 41⁄2 row, and it will not have it next year. we should remember how unified our years—how much are you going to in- Mr. President, I thank you for your entire country was over our mission vest? The answer is, probably very lit- patience. I assure you and our other there when it began. The Nation came tle. By the time they lose weight or colleagues that Dr. COBURN and I will together after 9/11 to support our mili- quit smoking, you haven’t reaped the be frequent visitors here as we get tary as it bravely took the fight to the benefits of those savings, and all of a ready for this debate, as we have this Taliban and the terrorists in Afghani- sudden you create portability. That debate, and probably after this debate stan. We had one ultimate goal: Re- means a 24-year-old covered by an in- is over, depending upon the outcome of moving al-Qaida’s safe haven. surance company—that insurance com- it. Our military succeeded in toppling pany has an opportunity to keep him But let me make it perfectly clear, if the Taliban government, which had al- until he is 64 years old, 40 years. How any Member in this debate is looking lowed al-Qaida to use Afghanistan as a much are you going to invest in that to try to achieve a bipartisan solution staging ground and a hiding place. insured if you are going to have them to health care, you can sign TOM Once the Taliban was removed from for 40 years? You are going to invest a COBURN and RICHARD BURR up today to power, an international coalition, led heck of a lot because you will want to sit at the table with you, to forget by U.S. forces, went about the long and keep him well as long as you can. You about who is the author of legislation, difficult task of defeating al-Qaida for are going to reimburse doctors to do to talk about real solutions to real good.

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.086 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10307 Yet now, 8 years later and with a new Mr. BEGICH. Mr. President, I suggest fight, and they were ready. These eight administration trying to determine the absence of a quorum. young men and their fellow soldiers America’s best way forward, many The PRESIDING OFFICER (Mr. BEN- fought valiantly, taking on about 200 Americans are understandably con- NET). The clerk will call the roll. insurgents in their remote outpost in cerned and frustrated. Afghanistan is The assistant legislative clerk pro- Afghanistan’s Nuristan province. not where any of us want it to be, and ceeded to call the roll. As MAJ Daniel Chandler, the rear de- our ultimate goal has not yet been Mr. BEGICH. Mr. President, I ask tachment commander for the 4th met. Al-Qaida is still there and in unanimous consent that the order for BCT, said: ‘‘They were attacked, the Pakistan as well. Afghanistan’s Gov- the quorum call be rescinded. unit fought bravely, and in the end, ernment has not been able to take cen- The PRESIDING OFFICER. Without they won the day.’’ tralized control of the country. Elec- objection, it is so ordered. I would like to say a few words about tions there have not added to the legit- f each of these men. imacy of the Karzai government. We SPC Michael Scusa of Villas, NJ, was have been left to reassess our position, MORNING BUSINESS 22 years old. He joined the Army after and we must do this reassessment to- Mr. BEGICH. Mr. President, I ask graduating from high school and was gether. unanimous consent that the Senate on his second tour in Afghanistan. A Policymakers are asking the impor- proceed to a period of morning busi- former teacher said: He was a boy any tant and right question: What are the ness, with the Senators permitted to mom would be proud to have. He leaves proper goals for our military effort in speak for up to 10 minutes each. behind his wife and 1-year-old son in Afghanistan? How best can we accom- The PRESIDING OFFICER. Without Colorado, as well as immediate family plish them? Are these goals purely objection, it is so ordered. in New Jersey and Nebraska. SPC military goals? Can they be better f Christopher Griffin was 24 years old. He solved with more troops or fewer? Do grew up in the small town of we need a more complex new mission in HONORING OUR ARMED FORCES Kincheloe, MI. A high school classmate our future, which the military aspect is said that the ‘‘whole town’’ knew that only one small part? FORT CARSON SOLDIERS Mr. UDALL of Colorado. Mr. Presi- Christopher would enlist someday. The Unless we are sure, unless all of us Army was his calling—and he was very are sure that more troops can help us dent, I rise today to pay tribute to eight young men from Fort Carson in proud of it. He leaves behind his family meet our goals, we should not send in Michigan. them. Our soldiers already have sac- Colorado who perished last weekend in PFC Kevin Thomson of Reno, NV, rificed much. This time, in particular, Afghanistan. This was the heaviest was 22, and joined the Army in April is a difficult one for servicemembers U.S. loss of life in a single battle since 2008. Friends said that he could make and their families, and it is also prov- July 2008, when nine American soldiers anyone smile, that he valued friend- ing to be a difficult one for those of us were killed in Afghanistan. ship, and that he had a strong relation- making policy. In highlighting the lives of these As we decide what our direction will young soldiers, I do not want to dimin- ship with his mother. His photo hangs be in Afghanistan, the fallen brave sol- ish the loss of other brave servicemen in Scolari’s grocery store in southeast diers we lost from Fort Carson this and women who have given their lives Reno, where he used to work. He leaves week are solemn reminders of how con- for our country. Before last weekend, behind his family in Nevada and Cali- sequential our decisions have been and Fort Carson alone had lost 270 soldiers fornia. will be. Those of us who opposed going in Iraq and Afghanistan, and we must SGT Vernon Martin of Savannah, to war in Iraq, including President continue to honor the courage of our GA, was 25 years old, and leaves behind Obama, believed then it was the wrong fallen, our wounded, and those who a wife and three children and family in war at the wrong time. We believed continue the fight. Georgia and New York. He joined the that Washington’s focus on Iraq was di- But I hope the stories of these eight Army 6 years ago and had served in verting precious resources from our ef- young men today speak to the loved Iraq before being shipped to Afghani- forts in Afghanistan. We are still deal- ones of all the brave men and women stan. His wife said that he hoped to ing with the consequences of the deci- who have lost their lives in Afghani- work with kids someday—and that sion to focus on Iraq, both in Iraq and stan and Iraq in recent years. I honor Vernon was the best thing that ever in Afghanistan. their service, their courage, their dedi- happened to her and their children. Recalling recent history is so impor- cation, their love of country and fam- SPC Stephan Mace of Lovettsville, tant because now we have to find new ily. I thank their wives, husbands, chil- VA, was 21 years old, and is survived by wisdom on Afghanistan. At the same dren, parents, and other family mem- his family in West Virginia and Vir- time, all 100 Members of this body bers and friends for their support of ginia. His mother said that he loved know we must take great care as we these brave servicemen and women. sports, wildlife, and the outdoors, and make decisions that will affect the And I want to express my deepest sym- that he always had a smile on his face. lives of our men and women in uniform pathy to them as they mourn their He learned about patriotism from his and their families. For every soldier loss. grandfather, who served in the CIA who answers our Nation’s call to serve These eight soldiers were all from the during the Vietnam war, and had a in combat, a new deployment is akin to same platoon—Bravo Troop of the 3rd strong love of his country and the mili- a new decision to go to war. That is Squadron, 61st Cav, 4th Infantry Divi- tary. Stephan’s youngest brother just why our national purpose and their sion, based at Fort Carson. The 4th graduated from boot camp at Fort mission must be absolutely clear. BCT has worked since May to secure Sill—he wants to join the Army like That is also why, as Members of this territory throughout a four-province his brother. body, we must be willing to ask hard region near Jalalabad in some of Af- SGT Joshua Kirk—originally of questions. The country will be count- ghanistan’s most rugged terrain, train- Bonners Ferry, ID—was 30 years old. ing on the Senate to scrutinize and un- ing in the nearby hills to prepare for He leaves behind his wife and 2-year- derstand the purpose of any decision to high-altitude battle. A major achieve- old daughter in Colorado and mother in deploy additional troops. As we, to- ment included providing security for Idaho. gether, debate a new approach to Af- Afghanistan’s presidential election in SGT Joshua Hardt of Applegate, Cali- ghanistan, I will be motivated by the August, enabling local Afghans to go to fornia, was 24 years old, and was an memory of the Fort Carson soldiers the polls. outgoing and athletic young man—so who died this past week, as well as all I met with the 4th BCT commander, talented at high school football that those who have fallen in rank and Af- COL Randy George, back in April in his helmet was retired. When Joshua ghanistan. I know all of us feel the Colorado, before Colonel George and was stationed at Fort Carson, he and same way. They served honorably. So his soldiers departed for Afghanistan. I his wife moved to Colorado together. must we. know how hard Colonel George worked Joshua leaves behind his wife and im- Mr. President, I yield the floor. to get these soldiers ready for the mediate family in California.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.088 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10308 CONGRESSIONAL RECORD — SENATE October 8, 2009 SGT Justin Gallegos of Tucson, AZ, courage, leadership, and kindness. He Coloradans are immensely grateful was 27 years old. His friends called him is remembered for his constant smile for their selfless dedication, and our ‘‘a man of excitement, courage, leader- and his generosity. Justin leaves be- thoughts and prayers are with their ship, and kindness,’’ and a strong man, hind a 5-year-old son. His family and families and loved ones today. I hope a go-getter. He leaves behind family friends will miss him dearly. their pain is eased by the knowledge and friends in Tucson. SGT Michael Scusa was 22 years old. that these soldiers will always be re- There is so much more to say about After graduating from high school in membered and honored. each one of these soldiers—and about New Jersey, he joined the Army to Let us all remember the incredible each of the men and women who have serve his country. Michael was serving sacrifices made by nine young people given their lives in the service of our his second tour in the region. Before he for America’s freedom and our safety country. Now is a time to honor their died, he had told his wife that if he was here at home. I know I speak for all 100 memories and pay tribute to them for killed, he wanted to be buried in Colo- Members of the Senate in offering their tremendous sacrifice and dedica- rado Springs to be close to his son. America’s condolences and gratitude to tion to our Nation. We will not forget This son had been named after a friend all nine of these mourning families on you. of Michael’s who was lost in Iraq. this day. The PRESIDING OFFICER. The Sen- SGT Joshua Kirk was 30 years old. He PENNSYLVANIA’S 56TH STRYKER BRIGADE ator from Ohio is recognized. grew up in Idaho where his family still Mr. CASEY. Mr. President, I wish to Mr. BROWN. Mr. President, I appre- lives. He had followed his childhood recognize the contributions of the 56th ciate the words of the senior Senator dream of entering the Army and was Stryker Brigade which recently re- from Colorado and his words about sol- serving his second tour in Afghanistan. turned to homes and families across diers in his State and around the coun- He is survived by his wife and 2-year- the Commonwealth of Pennsylvania. try. We all share that sentiment today old daughter. For 9 months the 56th Stryker Brigade in the Veterans’ Committee. We heard SPC Stephan Mace was 21 years old. has been deployed in Iraq. Here these from soldiers and family members Born in Virginia, he grew up loving civilian soldiers, known as the Inde- about people who died in the line of sports, wildlife, and the outdoors. His pendence Brigade, worked side by side service, not in battle but for other rea- mother said that he always had a smile with Iraqi counterparts to continue to sons—contaminated drinking water in on his face. His grandfather, who had bring stability and security to the some cases, in other cases open-pit served in the CIA, taught Stephan Iraqi people. On the front lines they pa- burning. It is important we honor our what it means to serve your country. trolled neighborhoods, targeted insur- Stephan recently returned home for a men and women, as Senator UDALL did, gents, and swept for improvised explo- but also that we, frankly, treat them 15-day leave trip, and his mother said sive devices. They performed more better when they are in the service. that he returned to his post without than 800 combined operations, captured Their commanding officers sometimes fear. 7 brigade-level, high-value targets, and PFC Kevin C. Thomson was 22 years need to pay more attention to that and discovered more than 80 enemy weap- old. He joined the Army just last year. how we treat the families of our men ons caches. Any success we have had in Originally from Reno, his friends de- and women, our soldiers, and our vet- Iraq is not only the result of military scribed him as the type of person who achievements. In this regard, it is erans. But I thank the senior Senator could make anyone laugh. He cared lit- equally important to recognize the $22 from Colorado. tle for material things and put more Mr. BENNET. Mr. President, it is million in reconstruction efforts the emphasis on the people around him. with a heavy heart that I rise today to 56th Stryker Brigade assisted with in His photograph hangs in the Reno gro- recognize the tragic loss of nine sol- coordination with an embedded U.S. cery store where he worked after high provincial reconstruction team. diers stationed at Fort Carson, CO, who school. He will be missed by his family were killed this past weekend in Af- While these young men and women and friends in Nevada and California. are now home, we must also remember ghanistan. SGT Joshua Hardt was 24 years old. those who fell in battle. Two members Last Saturday, eight soldiers from He was described by family and friends of the 56th gave, as Lincoln said so the 4th Infantry Division’s 4th Brigade as an extrovert and athlete. He was so long ago, ‘‘the last full measure of de- Combat Team at Fort Carson were talented on the field, actually, that his killed in a firefight by insurgents in a high school football helmet was re- votion’’ to their country. SPC Chad remote area of Afghanistan. From tired. Seeing the successes of his older Edmundson of Williamsburg was killed what we know, as many as 200 insur- brother in the military, he followed his by an IED, and SSGT Mark Baum of gents attacked two of our mountain brother into the Army. He is survived Quakertown was killed by enemy small outposts, and U.S. and Afghan soldiers by his wife, his hometown sweetheart, arms fire. To these soldiers’ families responded together. The fighting lasted who moved with him to Colorado after and friends, I express our condolences most of the day. When it was over, he was stationed at Fort Carson. and gratitude on behalf of the people of Fort Carson had seen our most costly SPC Christopher Griffin was 24 years Pennsylvania for their sacrifice. Please day since Vietnam. old. Coming from a small town in know that our prayers are with you These eight young men made the ul- Michigan, friends say they knew he and that we will never take for granted timate sacrifice for their country. All would end up serving his country. Serv- their personal courage and sacrifice. Coloradans and all Americans honor ing in the Army was his longtime goal. We pray for Chad and Mark, and we their bravery and their service. We owe He played football and wrestled in high also pray for ourselves, that we may be them and their families a great debt. school, and made his friends laugh. worthy of their valor. I wish to read the names of these Christopher’s family in Michigan is While deployed, many things have courageous soldiers into the RECORD, proud of his service, and his hometown changed for these members of the and recognize that a ninth tragedy has has made plans to name a street after Pennsylvania National Guard. Some also apparently now occurred, and say him. members met their sons and daughters a few words about each: In addition, we recently have learned for the first time. For all our troops, a SGT Vernon Martin was 25 years old. that a ninth Fort Carson soldier was time of readjustment and reintegration He leaves behind a wife and three chil- killed in Afghanistan this weekend in a back into their communities and daily dren. After joining the Army 5 years separate attack. SPC Kevin O. Hill, of lives lies ahead. I want the National ago, Vernon had already served bravely New York, died on Sunday. He was 23 Guard to know I will always be com- in Iraq. His wife has told people that he years old. mitted to helping them during this bat- hoped to work with kids in the future. At great personal risk, these nine tle. I know there are other guard mem- She also said he was the best thing men braved a war in a faraway land. bers who bear scars from battle, wheth- that ever happened to her and their They pushed forward into great danger er visible or not. The Senate must en- children. to protect us here at home. When sure our citizen soldiers’ jobs are main- SGT Justin Gallegos was 27 years old. asked, they answered the call of duty tained while they are deployed, and we A native of Tucson, AZ, his friends de- and performed their missions with dis- must provide opportunities for them to scribed him as a man of excitement, tinction. find employment upon their return.

VerDate Nov 24 2008 02:59 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.024 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10309 For this reason, I will continue to making electric cars next year. Its future board of the Make-A-Wish foundation urge colleagues to take up and adopt seems secure—and so does that of hundreds of southern Nevada. Marla and Tom the Service Members Access to Justice of suppliers—who have migrated to Ten- also compassionately care about our Act and the FORCE Act which will nessee because it is now central to the Amer- planet Earth. One of their innovations ican auto industry’s most efficient assembly make National Guard assistance pro- plants as well as its market and because it is was a green friendly walking billboard. grams more effective and responsive a right-to-work State with one of the ‘‘best With their innovative business ap- and ensure that National Guard troops 4’’ lane highway systems. proach and compassionate approach to keep their jobs and employment bene- Saturn started off with a bang, created al- their fellow Nevadans, Marla and Tom fits as required under law. most a cult following of owners but never represent this country at its best. They Again, I express my appreciation to made a profit. Its apparent death this week have achieved great things and I know the 56th Stryker Brigade and all of the when Roger Penske couldn’t find anyone to their future, both as a family and a men and women in service. make Saturns so he could sell them is like business remains, as bright as the neon any death, sad but full of memories. f Most of the memories are good. Saturn’s lights from the Las Vegas Strip. I congratulate Mr. and Mrs. Letizia on their SATURN’S DEMISE life was a good life, for Tennesseans. It helped put us on the map, job wise. It helped tremendous accomplishment. Mr. ALEXANDER. Mr. President, I raise our incomes. There is still that $5 bil- f ask unanimous consent to have printed lion plant there, with another billion or so in the RECORD remarks I made this spent to improve it, waiting for GM or some- BUDGET SCOREKEEPING REPORT weekend on the Saturn car company, one else to start making cars again. We Ten- Mr. CONRAD. Mr. President, I rise to nesseans will miss Saturn but are grateful which has lived and apparently passed submit to the Senate the third budget away in the State of Tennessee but has for its short but good life that truly made our lives better. scorekeeping report for the 2010 budget contributed a lot to our State over the resolution. The report, which covers last 20 years. f fiscal year 2009, was prepared by the There being no objection, the mate- TRIBUTE TO MARLA AND TOM Congressional Budget Office pursuant rial was ordered to be printed in the LETIZIA to section 308(b) and in aid of Section RECORD, as follows: Mr. REID. Mr. President, I rise today 311 of the Congressional Budget Act of I spent almost all the state’s $450,000 adver- 1974, as amended. This is the final re- tising budget to buy a full page ad in the to honor Marla and Tom Letizia on their being named ‘‘Menschen’’ of the port for 2009. Wall Street Journal saying, ‘‘Well, Saturn fi- The report shows the effects of con- nally found its home . . . in Spring Hill, Ten- Year by Congregation Ner Tamid. The gressional action through September nessee.’’ award is intended to reflect the ulti- The ad answered a questioned that was on mate values of their congregation, 30, 2009, and includes the effects of leg- the mind of millions of Americans for a few which is to give selflessly of oneself to islation since I filed my last report on days in August, 1985: ‘‘Why Spring Hill, Ten- benefit the community. Marla and Tom August 4, 2009. The new legislation is nessee?’’ have helped make Las Vegas and Ne- Public Law 111–68, an act making ap- General Motors had looked everywhere for propriations for the legislative branch the best place to put its $5 billion Saturn vada a better place with their business and community involvement. for the fiscal year ending September 30, plant. The biggest corporation in the world 2010, and for other purposes. The esti- was making the largest one-time investment Mr. Letizia started out as an account mates of budget authority, outlays, in U.S. history. executive for many Las Vegas tele- Three banks of GM computers analyzed vision stations including KLAS TV–8. and revenues are consistent with the 1000 sites in 38 States. Then (so the ad went) He founded Letizia Ad Team in 1974. technical and economic assumptions of the top brass answered the question: ‘‘Where The firm specializes in television, S. Con. Res. 13, the 2010 budget resolu- is the best place in America to build the radio, newspaper, direct mail, internet tion. highest quality car at the lowest cost, a The estimates show that for fiscal small car that will compete with the Japa- and outdoor advertising. Mr. and Mrs. Letizia owned radio and television outyear 2009 current level spending was $3 nese imports?’’ billion above the level provided for in General Motors hadn’t spent a penny yet lets in Reno, Las Vegas, Laughlin and advertising Saturn, but the intense competi- Tonapah NV. They cofounded the budget resolution for budget au- tions for the Saturn plant made the front Tonopah’s first radio station, KPAH– thority and $7.8 billion above it for out- pages for months during 1985. As a result, FM, which was sold in 1992, and the lays while current level revenues twice as many Americans were able to iden- first radio station dual signal property match the budget resolution level. tify a Saturn as could identify a Pontiac in Laughlin/Las Vegas, KROL–AM, I ask unanimous consent that the even though Pontiac had been building cars letter and accompanying tables from since 1926 and Saturns wouldn’t be produced which was later sold in 1993. The Letizias were part owners of the first CBO be printed in the RECORD. until 1990. There being no objection, the mate- Governors had made fools of themselves independent television station in Reno, making pilgramges to Detroit and sitting on KAME–TV, which later became a FOX rial was ordered to be printed in the stools on Phil Donahue’s television show ar- affiliate before being sold in 1994. RECORD, as follows: guing the merits of their States. I hadn’t In 2001, Mrs. Letizia founded Big CONGRESSIONAL BUDGET OFFICE, done that but had met GM President Roger Traffic Mobile Billboards Worldwide, Washington, DC, October 8, 2009. Smith in a hotel room in Memphis after he Hon. KENT CONRAD, made a United Way Speech. I knew that the which implements trucks that provide Chairman, Committee on the Budget, U.S. Sen- big Nissan plant, which had just located in four-sided advertising space and envi- ate, Washington, DC. ® Symrna, would be either the hook or the kiss ronmentally friendly WOBI walking DEAR MR. CHAIRMAN: The enclosed report of death. So I said to Mr. Smith, ‘‘Why don’t billboards. She has over 35 years of shows the effects of Congressional action on you put your plant right next to your com- marketing and journalism experience, the fiscal year 2009 budget and is current petitor’s plant, and tell your union and tell beginning her career with KLAS–TV 8 through September 30, 2009. This report is your management, if the Japanese can do it, as an assistant production manager submitted under section 308(b) and in aid of you can do it, too.’’ and organizer and was subsequently section 311 of the Congressional Budget Act, That’s is exactly what GM decided to do. as amended. The Nissan and Saturn decisions put Ten- promoted to director of the live tele- The estimates of budget authority, out- nessee on the map for companies looking for vision news broadcasts at 5 p.m. and 11 lays, and revenues are consistent with the plant sites. (Nissan was the largest Japanese p.m. She gained distinction as the first technical and economic assumptions of S. investment ever in the U.S.) Then, female director in the history of Las Con. Res. 13, the Concurrent Resolution on Tennessans had almost no auto jobs and one Vegas, as well as the first female hired the Budget for Fiscal Year 2010, as approved of the country’s lowest average family in- in production in Las Vegas, running by the Senate and the House of Representa- comes. Today, thanks to the good work of the audio department during produc- tives. Governors McWherter, Sundquist and tion and during live news broadcasts. Pursuant to section 403 of S. Con Res. 13, Bredesen and Tennesseeans’ work ethic one- provisions designated as emergency require- third of our jobs are auto jobs and our family The Letizias help their community ments are exempt from enforcement of the incomes are a good deal higher. by acting as founding members of the budget resolution. As a result, the enclosed The Nissan plant became the most efficient Board of Trustees for the Meadows current level report excludes these amounts auto plant in North America and will begin School. They are also on the advisory (see footnote 2 of Table 2 of the report).

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.090 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10310 CONGRESSIONAL RECORD — SENATE October 8, 2009 Since my last letter dated August 4, 2009, TABLE 1—SENATE CURRENT LEVEL REPORT FOR SPEND- 2 Current level is the estimated effect on revenues and spending of all legislation, excluding amounts designated as emergency requirements (see the Congress has cleared and the President ING AND REVENUES FOR FISCAL YEAR 2009, AS OF footnote 2 of table 2), that the Congress has enacted or sent to the Presi- has signed an act making appropriations for SEPTEMBER 30, 2009 dent for his approval. In addition, full-year funding estimates under current law are included for entitlement and mandatory programs requiring annual the Legislative Branch for the fiscal year [In billions of dollars] appropriations, even if the appropriations have not been made. ending September 30, 2010, and for other pur- 3 Excludes administrative expenses of the Social Security Administration, poses (Public Law 111–68). This act affects Current which are off-budget, but are appropriated annually. Budget Res- Current Level Over/ SOURCE: Congressional Budget Office. budget authority and outlays for fiscal year olution 1 Level 2 Under (¥) 2009. Resolution Sincerely, ON-BUDGET ROBERT A. SUNSHINE, Budget Authority ...... 3,668.6 3,671.6 3.0 For Douglas W. Elmendorf, Director. Outlays ...... 3,357.2 3,365.0 7.8 Revenues ...... 1,532.6 1,532.6 0.0 OFF-BUDGET Social Security Outlays 3 ...... 513.0 513.0 0.0 Social Security Revenues ...... 653.1 653.1 0.0 1 S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010, includes $7.2 billion in budget authority and $1.8 billion in outlays as a disaster allowance to recognize the potential cost of disasters; those funds will never be allocated to a committee. At the direction of the Senate Committee on the Budget, the budget resolution totals have been revised to exclude those amounts for purposes of enforcing current level. TABLE 2—SUPPORTING DETAIL FOR THE CURRENT LEVEL REPORT FOR ON-BUDGET SPENDING AND REVENUES FOR FISCAL YEAR 2009, AS OF SEPTEMBER 30, 2009 [In millions of dollars]

Budget Au- thority Outlays Revenues

Previously Enacted 1 Revenues ...... n.a. n.a. 1,532,571 Permanents and other spending legislation ...... 2,186,897 2,119,086 n.a. Appropriation legislation ...... 2,031,683 1,851,797 n.a. Offsetting receipts ...... ¥640,548 ¥640,548 n.a.

Total, Previously enacted ...... 3,578,032 3,330,335 1,532,571 Enacted this session: Helping Families Save Their Homes Act of 2009 (P.L. 111–22) 2 ...... 106 3,896 0 An act to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products...and for other purposes (P.L. 111–31) ...... 11 2 8 Supplemental Appropriations Act, 2009 (P.L. 111–32) 2 ...... 89,682 26,992 0 An act to make technical corrections to the Higher Education Act of 1965, and for other purposes (P.L. 111–39) ...... ¥187 ¥202 0 An act to authorize the Director of the United States Patent and Trademark Office to use funds...and for other purposes (P.L. 111–45) ...... 0 5 0 An act to restore sums to the Highway Trust Fund, and for other purposes (P.L. 111–46) 3 ...... ¥40 ¥40 0 An act making appropriations for the Legislative Branch for the fiscal year ending September 30, 2010, and for other purposes (P.L. 111–68) 4 ...... 4,000 4,000 0 Total, enacted this session ...... 93,572 34,653 8 Total Current Level 2,3,4,5 ...... 3,671,604 3,364,988 1,532,579 Total Budget Resolution 6 ...... 3,675,736 3,358,952 1,532,579 Adjustment to budget resolution for disaster allowance 7 ...... ¥7,150 ¥1,788 0 Adjusted Budget Resolution ...... 3,668,586 3,357,164 1,532,579 Current Level Over Budget Resolution ...... 3,018 7,824 0 Current Level Under Budget Resolution ...... n.a. n.a. 0 SOURCE: Congressional Budget Office. Note: n.a. = not applicable; P.L. = Public Law. 1 Includes the Children’s Health Insurance Program Reauthorization Act of 2009 (P.L. 111–3), the American Recovery and Reinvestment Act (ARRA) (P.L. 111–5), and the Omnibus Appropriations Act, 2009 (P.L. 111–8), which were enacted by the Congress during this session, before the adoption of S. Con. Res. 13, the Concurrent Resolution on the Budget for Fiscal Year 2010. Although the ARRA was designated as an emergency requirement, it is now included as part of the current level amounts. 2 Pursuant to section 403 of S. Con. Res. 13, provisions designated as emergency requirements (and rescissions of provisions previously designated as emergency requirements) are exempt from enforcement of the budget resolution. The amounts so designated for fiscal year 2009, which are not included in the current level totals, are as follows: Helping Families Save Their Homes Act of 2009 (P.L. 111–22) ...... ¥630 ¥630 0 Supplemental Appropriations Act, 2009 (P.L. 111–32) ...... 16,169 3,530 0

Total, amounts designated as emergency ...... 15,539 2,900 0 3 Section 1 of P.L. 111–46 appropriated $7 billion to the Highway Trust Fund. The enactment of this legislation followed an announcement by the Secretary of Transportation on June 24, 2009, of an interim policy to slow down payments to states from the Highway Trust Fund. The Congressional Budget Office estimates that P.L. 111–46 will reverse this policy and restore payments to states at levels already assumed in current level. Thus, enactment of section 1 results in no change to current level totals. Other provisions of the act will reduce budget authority and outlays by $40 million in 2009. 4 Section 164 of Division B of P.L. 111–68 reduces the required transfer from the Postal Service Fund to the Postal Service Retiree Health Benefits Fund for fiscal year 2009 by $4 billion. The transfer does not affect unified budget totals; however, since the Postal Service Fund is off-budget, and current level does not include off-budget amounts, only the on-budget piece of the transfer (an increase in spending of $4 billion) is shown in current level totals. 5 For purposes of enforcing section 311 of the Congressional Budget Act in the Senate, the budget resolution does not include budget authority, outlays, or revenues for off-budget amounts. As a result, current level excludes these items. 6 Periodically, the Senate Committee on the Budget revises the totals in S. Con. Res. 13, pursuant to various provisions of the resolution:

Original Budget Resolution Totals ...... 3,675,927 3,356,270 1,532,571

Revisions: For the Supplemental Appropriations Act, 2009 (section 401(c)(4)) ...... ¥1,530 2,240 0 For an act to protect the public health by providing the Food and Drug Administration with certain authority to regulate tobacco products...and for other purposes (sections 311(a) and 307) ...... 11 2 8 For further revisions to the Supplemental Appropriations Act, 2009 (section 401(c)(4)) ...... 1,515 642 0 For an act to make technical corrections to the Higher Education Act of 1965, and for other purposes (section 303) ...... ¥187 ¥202 0

Revised Budget Resolution Totals ...... 3,675,736 3,358,952 1,532,579 7. S. Con. Res. 13 includes $7,150 million in budget authority and $1,788 million in outlays as a disaster allowance to recognize the potential cost of disasters; those funds will never be allocated to a committee. At the direction of the Senate Committee on the Budget, the budget resolution totals have been revised to exclude those amounts for purposes of enforcing current level.

VOTE EXPLANATIONS report and the Ensign motion to re- REMEMBERING SENATOR EDWARD Mr. KERRY. Mr. President, I am nec- commit the Senate fiscal year 2010 KENNEDY essarily absent for the vote today on Commerce, Justice, and Science appro- Mr. BARRASSO. Mr. President, in the McCain amendment, Senate priations bill, H.R. 2847. If I were able this chamber we have witnessed incred- Amendment No. 2626 to the fiscal year to attend today’s session, I would have ibly moving eulogies and remem- 2010 Commerce, Justice, Science Ap- supported the fiscal year 2010 Agri- brances of our departed colleague Sen- propriations bill (H.R. 2847). If I were culture conference report and opposed ator Edward Kennedy. Obituaries in able to attend today’s session, I would the Ensign motion to recommit H.R. national and international newspapers have opposed the McCain amendment. 2847. convey the historic milestones of his Mr. President, I was necessarily ab- life that none could forget, as well as sent for the vote on the fiscal year 2010 more personal stories of the man that Agriculture appropriations conference fewer knew.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.048 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10311 So much has been said and written All of those who came to see me cared about, like health care and edu- since Senator Kennedy’s death August sworn in—family, friends from Wyo- cation, and a formidable force to be 25, 2009. Many of these stories paint the ming—they heard it too and we all reckoned with. picture of his family, his life, his ac- broke out laughing. ‘‘Senator Kennedy, While Senator Kennedy was firm in complishments, his legacy all of it ex- we know who you are.’’ his convictions, he was open to the traordinary. Many of us are students of Senator Kennedy began to tell me ideas of other Senators, regardless of history. Indeed Senator Kennedy lived stories of his life and about his visits party affiliation. As most Senators history. to Wyoming. He spoke about a trip to who worked with him know, Senator I am reminded of the recollections of Rock Springs, WY, when his brother one of my predecessors as U.S. Senator John was running for President. He Kennedy had an unequaled reputation for Wyoming, and a dear friend of Sen- spoke of Wyoming casting the votes to for compromise and negotiation. As ator Kennedy, Senator Al Simpson. In secure the nomination for John. legislation was being written and dean interview from 1997 given to the In- He told me about the people he had veloped, he recognized the importance stitute of International Studies at the met—members of the Wyoming Demo- of other Senators’ perspectives on an University of California as part of their crat Party at the time—relationships issue, including mine, and was there- ‘‘Conversation of History’’ project, he had built nearly 50 years ago. He fore willing to alter legislative pro- Senator Simpson was asked: Who was named one after another as if he was posals for the sake of cooperation and the finest legislator he had ever reading from text. It was a stunning finding middle ground with Senators worked with? Senator Simpson replied: moment to watch Senator Kennedy re- from any political party. The two years The finest legislator I ever worked with call places, events, and people in my I spent on the HELP Committee with was Ted Kennedy. He had a magnificent home State from 1960. him as my chairman were truly a bless- staff, he even had a parliamentarian on that At my welcoming reception he took ing. staff of his. So when you were in the legislative arena and you were bringing your lunch personal time with my son Peter and There was so much to admire about and staying late, you wanted to get Ted on my daughter Emma, both in college. Senator Kennedy’s career. But the your side or at least use some of his exper- He said to them, ‘‘So you’re the broth- thing I really admired about Senator tise. I would go to him sometimes early on er and you’re the sister—you know I Kennedy was his ability to look beyond and say look, you’ll have to trust me, what had some brothers.’’ He talked about the beltway to take up causes that the hell do I do right now to move this bill? John and Robert and Joe. A living his- Boy I’ll tell you he had ways to do it and as might seem obscure to many in this tory lesson. He invited them up to his body—causes that offended Senator you can see he uses those skills on issues in office to show them pictures and other which I was totally on the other side. I can’t Kennedy’s sense of justice. Let me offer remember them all there were so many. We memorabilia. a few examples from my State of Alas- In his office in the Russell Building were never on the same side. But he is a leg- ka. islator. he must have spent half an hour with And so he was. He was a quintessen- Peter and Emma going over pictures of Federal law requires agencies to rein- tial legislator. There is no question his father Joe, mother Rose, and the state civil servants who go on active about that. Kennedy kids. He shared letters, notes duty in the National Guard and Re- Most of those who have so eloquently from history. serves when their service is complete. written and spoken since his death I think he enjoyed it nearly as much The law goes by the acronym USERRA. knew the Senator much better than I as we did. He beamed when he spoke When Bob Traut of Palmer, AK, com- Presidents, Senators, world leaders, about his family. pleted his active duty service with the and other dignitaries, members of his Senator Kennedy leaves behind an as- Alaska National Guard, he was not re- family and friends back in New Eng- tonishing legislative record of accom- instated to his position in the Indian land. They recall the Senator all of us plishment. He achieved his goals to a Health Service. His position had been in the Senate knew, even if only briefly degree that perhaps no other Senator eliminated and he was not offered an- a kind, caring, passionate, and delib- in history has. As a public servant, he other. He filed a USERRA complaint erate figure. has few equals. with the Department of Labor, which Others have detailed his accomplish- But he was so much more. Ted also was passed around among investigators ments they are legendary and lasting. leaves us with the memory of the and ultimately lost. Several years after What can I add to these recollections? man—the memory of his kindness and he started this process he was offered a I was neither a close friend, con- grace, his humility. Federal position at a U.S. Coast Guard fidante, nor legislative partner to Sen- Books will detail Ted Kennedy’s leg- base hundreds of miles from his home. ator Kennedy. I was a new Senator islative victories. His moments in his- He couldn’t drive to his new work- from Wyoming when I first met him. tory. I will remember the moments he place—he had to fly there because Ko- But the story I have, I would like to took to warmly and unexpectedly wel- diak is an island not connected by road share, as it is meaningful and illus- come this new Senator and touch the to the rest of Alaska. Even then his trates his larger than life personality lives of my family that day as well. back pay claims were lost in a morass in the U.S. Senate. To Vicki, we extend our family’s of bureaucracy, in spite of repeated in- On June 25, 2007, I was sworn in to sympathy and hope the coming days quiries from my office. Bob Traut’s for- the U.S. Senate. Senator Kennedy was are filled with more love, God’s grace tunes changed when Senator Kennedy one of a handful of Democrats in the and strength to go on. Bobbi and I wish decided to hold an oversight hearing Chamber. As you would expect, I had a the Kennedy family our best and our about USERRA focused on Bob Traut’s lot of family members in the gallery. prayers are with you. case. Later, they joined me along with Mal- Ms. MURKOWSKI. Mr. President, I colm Wallop, former U.S. Senator for was deeply saddened by the passing of The Alaska Native Claims Settle- Wyoming, and Senator Mike Enzi in a Senator Edward M. Kennedy in August, ment Act, the 1971 law which resolved reception off this floor. my colleague on the Health, Education, the aboriginal land claims of Alaska’s As I was walking up the center aisle and Labor Committee, a statesman in first peoples, is truly one of the land- to leave the Chamber, there was a every sense of the word, and a Senator mark pieces of federal Indian legisla- booming voice that reverberated not just for the people of Massachu- tion. The administration offered Alas- through the Chamber. ‘‘Senator, Sen- setts but for every corner of the Na- ka’s Native people 10 million acres of ator!’’ I was new. I had been a U.S. Sen- tion. I am grateful for the time I land. Senator Kennedy came to the ator at that point for all of 60 seconds, shared with him as a colleague and as floor on several occasions to argue that so I ignored the calls. At that moment a friend. the number of acres should be no less a hand grabbed my shoulder, I turned Senator Kennedy may be best known than 40 million. The ultimate settle- and heard this booming voice again in this body for his consistent leader- ment was 44 million acres. A settle- ‘‘Hi, I’m Ted Kennedy.’’ Senator Ken- ship on the big national issues. Wheth- ment which might not have been pos- nedy through his voice and his pres- er you agreed with him or not Senator sible without Senator Kennedy’s lead- ence knew how to get your attention. Kennedy was ‘‘all in’’ on the issues he ership.

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.020 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10312 CONGRESSIONAL RECORD — SENATE October 8, 2009 As the chairman of the Sub- As a former mayor myself, I know how proof positive that there are many committee on Indian Education, Ken- difficult a job that can be. For Mel, it ways that we can make this a better nedy joined a few other Senate col- was a chance to make the lives of his world and in the years to come, as this leagues on a trip to several Alaska Na- neighbors and fellow citizens better chapter in his life ends and another be- tive villages in April 1969. Kennedy re- and that became his focus and his top gins, I have no doubt we will see Mel calls being stunned by the poverty and priority. continue his efforts to address the despair in the villages, many of which He did a good job and quickly earned problems of this world to ensure that still lack basic sanitation and are the respect and support of his fellow those who have lived for too long in plagued by high rates of sexual assault, townspeople. He also caught the atten- fear and oppression in Cuba and all domestic violence, and suicide. It af- tion of then President-elect George over the world will someday claim the fected Senator Kennedy so deeply that Bush who was looking for someone to rights and freedoms we all cherish as he found it difficult to ‘‘numb the serve in his Cabinet who had experi- their own. pain.’’ ence dealing with housing issues and Good Luck, Mel. I hope you and The course of Senator Kennedy’s life the problems that were facing our cit- Kitty enjoy the years to come. To- brought him many blessings and ac- ies and towns. That is something that gether you have made a great team and complishments. He was a father of Mel had been dealing with in Florida, we know there is still much more to three beautiful children and two step- so he became the first Cuban American come in this great adventure of your children, a Harvard graduate, a nine- appointed to a President’s Cabinet lives. Good luck and God bless. term Senator with the third longest when he was named to serve as our Mr. CORNYN. Mr. President, I join time serving in the U.S. Senate in Secretary of Housing and Urban Devel- my colleagues in appreciation and ad- American history, a veteran of the opment. miration of Senator Mel Martinez. Army, a talented football player who Soon after Mel was sworn in he found Mel lived the first 15 years of his life almost went pro but opted instead for a himself in the middle of a challenge as under communist dictatorship in Cuba. life of public service . . . the list goes great as any that had ever been faced That experience gave him a special ap- on. by a Cabinet Secretary before. In the preciation for the blessings of liberty. My condolences and blessings go out aftermath of the terrorist attacks of As Mel’s own career in public service to his family, especially his wife and September 11, Mel was assigned the re- took him from Florida to Washington, children. Despite Ted’s passing, his sponsibility of working on the recon- he never forgot the people living under spirit lives on. There is little doubt in struction of lower Manhattan. totalitarianism in his homeland. And my mind that this spirit will inspire Then, having served on both the local he never wavered in his conviction that generations of our colleagues in the and national level, Mel then decided to the people of Cuba deserved the same years ahead to take up his causes and take on another challenge—rep- rights as the rest of us, especially the ensure that the vulnerable in America, resenting the people of Florida in the rights to choose our leaders, worship as the often forgotten Americans who live Senate. Mel proved to more than up to we please, and live in freedom. in remote places like rural Alaska, are the task as he has taken on a variety of Mel distinguished himself as a lawyer never forgotten. issues and served on several different in central Florida, then won elective Ted, thank you for your service. committees. Through it all, he has office as mayor of Orlando, and was ap- f worked hard to put his principles and pointed by President Bush to serve as COMMENDING SENATOR MEL values into practice every day and he his first Secretary of Housing and MARTINEZ has a great deal to show for his service Urban Development. Secretary Mar- Mr. ENZI. Mr. President, it is always to the people of Florida in the Senate. tinez helped the people of lower Man- a bittersweet moment when we have to In the years to come, I will always hattan rebuild after the terrorist at- say goodbye to a colleague who is retir- remember Mel’s remarkable life story tacks of September 11, 2001, and he ing from the Senate. We are sorry to that stems from the years he spent in worked to expand opportunities for see them go, but we are also very ap- Cuba living under a dictatorship. They home owners nationwide. Mel was preciative of all they have brought to were a matter of great interest to me proud that he was the first Cuban- our deliberations during their years of when I was a student, but for him, it American to ever serve in a President’s service to the people of their home was his life. While I had only read Cabinet. State and the Nation. about and watched the drama unfold Mel was also the first Cuban-Amer- Mel Martinez is such a person—the during my years at George Washington ican to serve in the U.S. Senate. In this kind who makes the Senate the great University, Mel had lived it. It was a Chamber, he raised his voice to deliberative body that it is, for Mel has time that helped to shape his character strengthen our national defense, espe- a great story to tell of his life and how and mold his destiny and make him ap- cially the Navy’s shipbuilding program. he came to the United States to pursue preciate the great gift of citizenship He supported the development of Amer- his own version of the American that far too many of us take for grant- ica’s natural resources in an environ- dream. ed. mentally responsible way. He had a If you would have told Mel when he Mel has also impressed me as a man heart for victims of Alzheimer’s dis- was young that he would someday of great faith who takes his relation- ease and their families, and supported serve as an elected official in the U.S. ship with God very seriously. He shared greater Federal research funding to Government, I am not sure he would his belief with us at one of our Prayer help find a cure. have believed you. He began his life in Breakfasts and he impressed us all Senator Martinez and I shared a con- a small city in Cuba, under the repres- with his great sincerity and his cern about waste, fraud, and abuse in sive regime of Fidel Castro. At the age unshakeable belief that God had placed Medicare and Medicaid. So earlier this of 15 he escaped and began to pursue him where He needed him and that was year, he and I introduced legislation to his destiny in the United States. At why he was in the Senate. He saw it as do something about it. The Seniors and every stage of his life he was deter- an opportunity to serve God and the Taxpayers Obligation Protection Act mined to do everything he could to people back home in Florida, as well as or the STOP Act would give Federal make a difference. Looking back, I those he left behind in Cuba and many agencies greater tools and authority to think it’s clear he has succeeded be- more just like them all over the world. detect waste, fraud, and abuse before yond his wildest dreams. Too often when we say goodbye to they happen. The STOP Act has spon- From the time he first arrived in the one of our fellow members, we forget sors on both sides of the aisle, and I be- United States, Mel was grateful for the that there is just as much life outside lieve its provisions should be a part of opportunities that were available to of the beltway as there is inside it. Our our efforts to reform our health care him, and he was determined to give focus on Washington and our work in system. something back to show his apprecia- the Senate sometimes makes us think Mel served less than a full term in tion for them. that this is the only place where we the Senate, but he has helped shape He began in his own backyard when can pursue our dreams and make a dif- legislation that will govern our Nation he served as mayor of Orange County. ference in the world around us. Mel is for years to come. He and his wife

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.062 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10313 Kitty are now back home in central ENERGY AND WATER that a victim bringing suit under the Florida, and Sandy and I wish them APPROPRIATIONS REQUEST ADEA need only show that member- both the very best. Mr. BOND. Mr. President, it has ship in a protected class was a ‘‘moti- Ms. MURKOWSKI. Mr. President, I come to my attention that my name vating factor’’ in an employer’s ac- rise to remember a good friend who is was incorrectly added next to the line tion—the same standard for plaintiffs leaving the Senate after a career of item ‘‘St. John’s Bayou and New Ma- claiming discrimination on the basis of public service, Senator Mel Martinez. drid Floodway’’ Project in the con- race, sex, religion, or national origin. If Mel Martinez came to the Senate in ference Report of the fiscal year 2010 an employee showed that age was one 2005 after serving as Secretary of Hous- Energy and Water Resources Develop- factor in an employment decision, the ing and Urban Development under ment Appropriations Act. I ask that burden was on the employer to show it President George W. Bush. Senator had acted for a legitimate reason other the RECORD reflect that this is a mis- Martinez was the first Cuban American take. I did not make a request for fund- than age. to serve in the U.S. Senate. Born in In Gross, the Court—addressing a ing for this project and my name question on which it did not grant cer- Cuba, Senator Martinez arrived in the should not be attached to this project. United States at age 15. tiorari—tore up this settled decades old f During his tenure as Secretary of standard. In its place, the Court ap- Housing and Urban Development, Mel PROTECTING OLDER WORKERS plied an entirely new standard that Martinez addressed the National Con- AGAINST DISCRIMINATION ACT makes it prohibitively difficult for a gress of American Indians, pledging to Mr. HARKIN. Mr. President, on Tues- victim to prove age discrimination. Ac- strengthen the government to govern- day, October 6, I introduced S. 1756, the cording to the Court, a victim of age ment relationship with tribes in the Protecting Older Workers Against Dis- discrimination bears the full burden of Federal Indian programs administered crimination Act. proving that age was not only a moti- by his agency. He was keenly inter- To appreciate the need for this bill, vating factor but the decisive factor. ested in ameliorating the third world consider the case of a hard-working This extremely high burden radically housing conditions that exist in the Iowan named Jack Gross. Mr. Gross undermines older workers’ ability to Native villages of rural Alaska. Alas- gave the prime of his life, a quarter hold employers accountable. Bear in ka’s tribe and tribal housing authori- century of loyal service, to one com- mind that unlawful discrimination is ties benefit greatly from Federal fund- pany. How did that company reward often difficult to detect. Obviously, ing available under the Native Amer- him for his dedication and hard work? those who discriminate do not often ican Housing Assistance and Self De- It brazenly demoted him and other em- admit they are acting for discrimina- termination Act and other Federal ployees over the age of 50, and gave tory reasons. To the contrary, they go housing programs, which were their jobs to a younger employee. out of their way to conceal their true strengthened under Senator Martinez’ Expressly to prevent this kind of dis- intent. Discrimination cases rarely in- crimination, over 40 years ago Congress volve a smoking gun. leadership at HUD. The reality, however, is that while Despite the fact that the States we passed the Age Discrimination in Em- ployment Act, ADEA. The ADEA, employers rarely post signs saying represent are as far away geographi- ‘‘older workers need not apply,’’ which made it unlawful to discriminate cally as States can be, we have always ageism in the workforce does indeed on the basis of age, was modeled on and been good friends. exist, as Mr. Gross and his colleagues I was proud to serve with Senator used the same language as title VII of learned the hard way. Indeed, accord- the Civil Rights Act of 1964, the law Martinez on the Energy and Natural ing to an AARP study, 60 percent of that prohibits employment discrimina- Resources Committee. Senator Mar- older workers have reported that they tion on the basis of race, sex, national tinez was a close ally on energy issues, or someone they know has faced age origin and religion. and he was always a fierce advocate for discrimination in the workplace. the interests of his Floridian constitu- When Mr. Gross sought to enforce his Countless thousands of American ents. We shared a common interest in rights, a jury of Iowans heard the facts workers who are not yet ready to vol- promoting Federal energy efficiency and found that his employer discrimi- untarily retire find themselves jobless standards, responsible nuclear waste nated against him because of age. That or passed over for promotions because storage, and we worked together on the jury awarded him almost $47,000 in lost of age discrimination. Older workers 2005 Energy Policy Act. He was a tough compensation. often face ugly, baseless stereotypes: bargainer on the more recent 2007 En- The case was ultimately appealed to That they are not as productive as ergy Independence and Security Act as the Supreme Court. This past June, in younger workers; that they cannot he aggressively pursued the interests of Gross v. FBL Financial, Inc., five Jus- learn new skills; that they somehow his constituents with respect to Fed- tices rewrote the rules— indeed, effec- have a lesser need for income to pro- eral Outer Continental Shelf energy de- tively rewrote the law—and ruled vide for their families. velopment. against Mr. Gross and other older These stereotypes—and the discrimi- I wish Mel Martinez and his wife workers. In doing so, the Court made it nation they feed—are wrong and im- Kitty the best of luck in their future harder for those with legitimate age moral. This is also harmful to our endeavors. discrimination claims to prevail under economy, inasmuch as it deprives us of the ADEA. f the skills and talents of millions of For decades, the law was clear. In older workers. MILITARY NOMINATIONS 1989, in Price Waterhouse v. Hopkins, The timing of the Court’s decision is Mr. LEVIN. Mr. President, from the the Court ruled that if a plaintiff seek- particularly troubling. As our economy Committee on Armed Services, I report ing relief under title VII of the Civil continues to struggle, older workers favorably the attached listing of nomi- Rights Act demonstrated that dis- are being hit particularly hard. Accord- nations: crimination was a ‘‘motivating’’ or ing to the Department of Labor, there Those identified with a single bullet ∑ are ‘‘substantial’’ factor behind the em- are 2 million unemployed workers over to be placed on the Executive Calendar. ployer’s action, the burden shifted to the age of 55. This is an all-time high Those identified with a double asterisk (**) the employer to show it would have since the Bureau of Labor Statistics are to lie on the Secretary’s desk for the in- taken the same action regardless of the began matching age and unemploy- formation of any Senator since these names plaintiff’s membership in a protecting ment in 1948. According to the Equal have already appeared in the CONGRESSIONAL class. As part of the Civil Rights Act of Employment Opportunity Commission, RECORD and to save the expense of printing 1991, Congress formally codified the again: in 2008 nearly 25,000 age discrimination ‘‘motivating factor’’ standard with re- claims were filed, a 30-percent increase MILITARY NOMINATIONS PENDING WITH THE spect to title VII. SENATE ARMED SERVICES COMMITTEE WHICH over 2007. Given the stereotypes that Because the Age Discrimination in ARE PROPOSED FOR THE COMMITTEE’S CON- older workers face, it is no surprise SIDERATION ON OCTOBER 8, 2009 Employment Act uses the same lan- that, on average they remain unem- ∑ LTG David M. Rodriguez, USA to be lieu- guage as title VII, was modeled off it, ployed twice as long as all unemployed tenant general and Commander, Inter- and had been interpreted consistent workers. national Security Assistance Force Joint with the Civil Rights Act of 1964, The Protecting Older Workers Command (Reference No. 1067) courts correctly and consistently held Against Discrimination Act reverses

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Every day we hear the news of a new $800 The act is modeled on part of the AMERICA’S ECONOMIC STATE OF billion program here or a $1 trillion overhaul Civil Rights Act of 1991, which passed MIND of the healthcare system. Seniors hear about the Senate 93–5. As under title VII of Mr. BARRASSO. Mr. President, I rise a potential loss of Medicare benefits that the Civil Rights Act, once a plaintiff will cost them more out of pocket for many today to submit for the RECORD a letter of their daily needs. Young families see the establishes that age was a motivating I received from the mayor of Evanston, prices of groceries and utilities on the rise. factor, the burden shifts to the em- WY, William Davis. It is harder for them to afford the basic ployer. If the employer establishes that Evanston is a wonderful community needs of their children when it comes to the same decision would have been located in the Bear River Valley of school supplies and new clothes. They hear made regardless of discrimination, the southwest Wyoming. The town was that energy costs to heat their homes and employer remains liable, but remedies founded in the 1800’s during construc- drive their cars are going to go up because of a new cap and trade bill already passed by are limited. tion of the First Transcontinental Only the employer is in a position to the House and awaiting action in the Senate. Railroad. Today, over 11,000 people call Businesses are stagnant as well while their know his or her own mind and offer an Evanston home. owners and managers wait to see just what explanation as to why a decision that Mayor Davis wrote to me last week. the federal government is going to change involves discrimination was actually He wanted me to know that individuals that will affect the way they do business. motivated by legitimate reasons. By and communities across Wyoming are What costs will increase? Will I have to pay putting the entire burden on the work- feeling the impact of America’s current even more out from my shrinking bottom er to demonstrate the absence or insig- economic times. This does not come as line to cover increased costs of unemployment? Healthcare? Utilities? With shrinking nificance of other factors, the Court in a surprise. What I found of particular effect gave employers license to dis- sales can I even afford to keep my current interest in Mayor Davis’ letter was his employees let alone hire anyone additional? criminate, so long as they do not actu- observations regarding the primary The list just seems to go on and on. ally say they are singling out an em- factor driving our economy: Ameri- Why would a business seek to expand or ployee solely because of age. cans’ anxiety about the future. hire someone else until these issues are all Finally, the Protecting Older Work- Like Mayor Davis, I hear regularly ironed out? Why would a mother and father ers Against Discrimination Act makes from the people of Wyoming who are plan a vacation or purchase almost anything that is not a necessity when there is so much clear that the ‘‘motivating factor’’ concerned about the future of our framework applies to all antidiscrimi- that is unknown about their future? Will country. They are anxious about the there be an income? Will I have any benefits? nation and antiretaliation laws. changes being proposed in Washington. Will the prices continue to rise? How can I In Gross, Justice Thomas defended They are concerned about losing con- save for my kids education expenses? What the Court’s radical departure from trol over their own lives to Federal bu- will my taxes be in the future? How much well-established law by noting that the reaucracies. They are angry about the higher can my credit card interest rate go? Court ‘‘cannot ignore Congress’ deci- financial train wreck called the Fed- These are the questions in the real world sion to amend title VII’s relevant pro- that I live in everyday. I don’t have to travel eral deficit that is picking up steam back to Wyoming to get this perspective. I visions but not make similar changes and headed their way. to the ADEA.’’ In other words, the hear about it everyday when I go the store or Mr. President, the mayor’s senti- out to dinner. People share their fears and Court found that because Congress, in ments are shared by thousands of peo- anxieties with me almost everywhere I go the Civil Rights Act, codified the ‘‘mo- ple across Wyoming. I would ask that these days. Try as I might to offer some as- tivating factor’’ framework for title his letter be printed in the RECORD. surances that we can work together to make VII of the Civil Rights Act, but not for There being no objection, the mate- things better my efforts are not very suc- the ADEA, Congress somehow must rial was ordered to be printed in the cessful. My quick solution to these problems? Tell have intended Price Waterhouse not to RECORD, as follows: apply to any statute but title VII. This Congress to back off for awhile. Certainly CITY OF EVANSTON, WYOMING, there are many problems that need to be ad- is a serious misreading of the intent of September 28, 2009. dressed on the national level. We all want to Congress. Senator MIKE ENZI, have a clean and healthy environment but Unfortunately, this reasoning in Russell Senate Office Building, we all want to have a job as well. All of us Gross has already had reverberations Washington, DC. would like to see roads and bridges improved in other civil rights cases since many Senator JOHN BARRASSO, and made safer but we also need food to eat antidiscrimination and antiretaliation Dirksen Senate Office Building, and clothes to wear. No one wants to see statutes utilize similar language as Washington, DC. someone suffer because they don’t have ade- title VII and the ADEA. As the Seventh Representative CYNTHIA LUMMIS, quate health insurance but no one wants to Longworth House Office Building, Circuit recently held, ‘‘[Gross] holds lose that benefit themselves because their Washington, DC. employer just laid people off or, worse yet, that, unless a statute (such as the Civil DEAR SIRS AND MADAM, you have already just closed the doors. In most communities Rights Act of 1991) provides otherwise, heard that sales tax revenues in Wyoming people are used to rallying and supporting demonstrating but-for causation is have been plunging for quite some time as their neighbors when they face a sudden ill- part of the plaintiff’s burden in all the economic times continue to challenge ness or get a terminal diagnosis, but if they suits under federal law.’’ the people who live and work here. I am also can’t pay the rent they can’t do much for The Protecting Older Workers confident that you are all well aware of the their neighbor either. Against Discrimination Act, therefore impact that these lost taxes have on local They read that the national debt ceiling governments in the state— Uinta County’s just had to be raised but only by a couple of makes clear that Congress is in no way sales taxes for this fiscal year are down near- trillion dollars, so not that much more. The questioning the ‘‘motivating factor’’ ly 35% from this same time last year. Evans- people that talk to me aren’t stupid. They framework in other antidiscrimination ton’s last distribution from the Department know the day of reckoning for all of this and antiretaliation statutes. of Revenue was 48% less than for this same spending is coming. They are trying their The aim of this bill is very simple. It month last year! best to be ready for it but they also know reiterates what Congress said 40 years It goes without saying that we are spend- that they won’t be able to save enough today ago when it passed the ADEA: When an ing many hours looking into our budgets for to be ready for that tomorrow. They see the employer makes an employment deci- ways to provide city services to our residents treasury print more money or sell more of sion it is illegal for age to be a factor. and citizens while facing head on the loss of our debt to a foreign nation and they know such important revenues. We will survive but that this is not good. They used to be able to A person should not be judged arbi- it will be painful to say the least. get some money to cover their debts from trarily because he or she was born on This brings me to the reason for this let- their house but this has gone away. They or before a certain year, despite the ter. I have been giving much thought and used to have some retirement funds in the fact that he or she still has the ability consideration to the reasons that people are market but this has gone away. They used to

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.013 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10315 think about retirement at some point in the world; and the Baby Bird res- to her friends, directed the Women’s their lives but now figure they will be work- pirator, which has greatly decreased Army Corps, WAC, from 1971 to 1975. ing much longer now than they had once infant mortality rates. In addition to Enlisting at a time when a woman’s thought. being a brilliant inventor and scientist, role in uniform was unclear, she experi- Their decisions to not spend money really hurt on the local level in Wyoming. I suspect Dr. Bird is a former pilot and founder enced unquestionable changes for the same is true in many other states be- of the Bird Aviation Museum and In- women in the military throughout her cause we (local governments) do not have the vention Center, which is located in 33-year career. General Bailey was the means to reach directly into their pockets to Sagle, ID, where his company, third female to be promoted to briga- get the necessary funds for our services like Percussionaire Corporation, produces dier general, a rank she never sought, the federal and state governments do. his lifesaving medical devices. He has but would never have thought to turn People and businesses are hunkered down been the recipient of numerous awards, down. and holding tight while they wait to see including two Lifetime Scientific When she wasn’t studying her favor- when the Congress is going to quit proposing ite subject, French, Inez worked in her massive and expensive changes to the entire Achievement awards, and has been in- landscape of the country. If this were a bat- ducted into the National Inventors parents’ grocery store. Upon gradua- tlefront I would say that the current strate- Hall of Fame. In 2008, he was awarded tion, she enrolled in Flora McDonald gies being employed are a well thought out the Presidential Citizens Medal by College in Red Springs, NC, and later and all encompassing assault. We are effec- President Bush and received the Na- transferred to the Woman’s College of tively being surrounded. We have no open tional Medal of Technology and Inno- the University of North Carolina—now flanks to escape through. Almost every as- vation by President Obama just this the University of North Carolina at pect of our lives appears to be exposed and week. Greensboro. She graduated in 1940 with we have no way to cover it up. Dr. Bird’s interest in aviation and his a degree in education and one profes- I ask the question then: are we creating more panic and fear with all that is going invention of the world-renowned Bird sional goal—to be a French teacher. on? If we just settled down and got out of cri- respirators are remarkably inter- She eventually accepted a job teaching sis mode would businesses begin to expand twined. His father served as a pilot in French in Taylorsville, NC. on their own? Would people once again shop World War I, and, after earning a de- When World War II broke out, this without fear this could be their last shopping gree in aeronautics, Dr. Bird served as North Carolina French teacher thought trip for awhile? If everyone just stopped and an Army Air Corps pilot in WWII. At a job in the Army Air Corps might be took in a very deep breath and exhaled slow- the time, airplanes were designed to interesting, but it wasn’t until a friend ly would the increased flow of oxygen into reach higher altitudes, but pilots were dragged her along to Fort Bragg that the body bring clearer thoughts and a more she really gave the military a second relaxing mood? increasingly unable to breathe as the It is almost the first of October. It just altitude increased. Dr. Bird’s consider- thought. The Army needed women to doesn’t seem to me that we need to disarm ation of this problem, and his attend- take the place of male soldiers who and dismantle all of the world’s nuclear ance at medical school after the war, worked nonbattlefield jobs in order to arms; create a massive overhaul of the eventually led him to the invention of free them for service on the front lines. world’s best healthcare system; return the the famous Bird respirator. In 2007, his Six months after Pearl Harbor, Inez atmosphere to a pre 1950’s condition; balance twin interests of aviation and inven- joined the Women’s Army Auxiliary a federal budget; save every endangered spe- tion led him to open the Bird Aviation Corps, WAAC, the predecessor to WAC, cies; find a cure for H1N1 virus; create a vac- at Fort Bragg. Although her parents cine for HIV/AIDS; declare what is left of the Museum and Invention Center. public lands in the west as wilderness; save Clearly there is good reason for the were unhappy about her decision, they the polar ice cap; become energy self suffi- impressive list of honors that Dr. Bird supported her nonetheless. Although cient; tear down all of the coal fired genera- has received throughout his life. It has women held primarily administrative, tion facilities; replace every incandescent been a life of service that has made an clerical and supply-type positions, she light bulb with a fluorescent one; paint every incredible mark upon the world. His in- was encouraged to discover that roof top in the United States white; and do ventions have touched, transformed, women were also packing parachutes everything else that is being talked about enhanced and saved the lives of mil- and were even mechanics. Due to her and have it all done by the end of this year. college degree, General Bailey was eli- It makes no sense to me and I don’t think it lions around the world. His museum makes much sense to anyone else. provides a great service to his commu- gible for officer candidate school. I realize that none of you belong to the nity by educating and inspiring young Her first unit command was at party currently ‘‘in power’’ (such an awful visitors and by bringing long-lost George Field Army Air Base in Illinois. term), but there may be something that you memories alive for older visitors. For There, she became very good at march- can do to just slow things down some. The his groundbreaking contributions to ing. She said, ‘‘I didn’t know any people of this country need time to catch America and the world, Idaho is proud women who didn’t like marching. We their breath. to have produced such an impressive thought it was fun and we were proud Thank you for letting me share my citizen. We appreciate and honor his re- of our marching, we could keep a good thoughts with you. We will continue to do beat with the Colonel Bogey March!’’ the best we can at picking up the pieces that markable achievements.∑ are left to us. We will also continue to hope f They even added words to the march, for bigger pieces to come our way. ‘‘Duty is calling you and me. We have Respectfully yours, REMEMBERING BRIGADIER GEN- a date with destiny. Ready, the WACs WILLIAM R. DAVIS, ERAL MILDRED INEZ CAROON are ready. Our hearts are steady, the Mayor. BAILEY world to set free. Service, we’re in it f ∑ Mrs. HAGAN. Mr. President, today I heart and soul. Victory is our only honor a woman of great character; a goal. We love our country’s honor, and ADDITIONAL STATEMENTS woman who provided unquestionable we’ll defend it against any foe.’’ leadership to our Nation and a woman Eventually the Army made use of her who proudly hailed from North Caro- background as a French teacher, as- TRIBUTE TO DR. FORREST M. lina. Our State motto, ‘‘Esse Quam signing her to teach English to freed BIRD Videri,’’ ‘‘To be, rather than to seem,’’ French prisoners of war who had been ∑ Mr. CRAPO. Mr. President, today I richly describes BG Mildred Inez held in Morocco. She was thrilled to am proud to honor and congratulate Caroon Bailey; a trailblazer who teach the soldiers because they were Idaho resident Dr. Forrest M. Bird for a thrived on challenges, especially when excited to learn, unlike the high school lifetime of service and achievement. I she was told, ‘‘it can’t be done.’’ As a students she taught before joining the had the pleasure today of meeting with member of the Senate Armed Services Army. At the end of the war, the de- Dr. Bird and his wife Pam, and very Committee, I am proud to recognize bate about women serving in the mili- much enjoyed that short visit. Dr. Bird General Bailey’s contributions to the tary continued. Brigadier General Bai- is well and widely known around the U.S. Army in this Chamber today. ley could have left, but by then she was world for his lifesaving inventions: the Brigadier General Bailey was born in married and making, as she recalled, Bird Mark 7 respirator, which was the 1919 in Fort Barnwell, NC, and raised in ‘‘a magnificent sum of $166.60 and 2/3 first reliable and low-cost respirator in nearby Kinston. Inez, as she was known cents a month—much more than a

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Since its inception, the IFDC has had adopted a decision granting a waiv- She made first lieutenant within 6 worked to address issues such as inter- er pursuant to Article IX of the Marra- months after she joined the service and national food security, the alleviation kesh Agreement Establishing the had many great assignments that she of global hunger and poverty, environ- World Trade Organization concerning described as ‘‘wonderful assignments— mental protection, and the promotion the Kimberley Process Certification but there were no promotions involved, of economic development and self-suffi- Scheme for rough diamonds. The waiv- because women weren’t promoted.’’ ciency. er applies to the United States and Eventually General Bailey returned Today, with staff members working other WTO members that requested the to the States where she was initially in 30 nations throughout Africa, the waiver and to any WTO member that assigned to intelligence work in the Near and Far East, and Latin America, notifies the WTO of its desire to be cov- Military District of Washington before the IFDC is critical to ensuring under- ered by the waiver. The waiver was reporting for duty as a recruiter in developed countries have more effi- scheduled to have effect from January charge of recruiting women in the cient fertilizer and, therefore, food for 1, 2003, through December 31, 2006. On seven Southeastern States; including their people. The IFDC has helped in- December 19, 2006, the WTO General North Carolina. Recruiting was a turn- crease sustainable food production in Council adopted a decision to extend ing point for Inez Bailey. She discov- more than 130 nations and has also con- the waiver through December 31, 2012. ered she was a ‘‘ham and loved being tributed to the development of institu- I hereby certify that an applicable interviewed on television and making tional capacity-building through train- waiver, within the meaning of the Act, speeches.’’ She led a team of recruiters ing. granted by the World Trade Organiza- who exhibited around the country with I sincerely congratulate the IFDC on tion has been in effect since January 1, a program that highlighted the historic its anniversary and wish it continued 2003, and will remain in effect through contributions of women in every success in Muscle Shoals and abroad.∑ December 31, 2012. branch of the military. The exhibit in- f BARACK OBAMA. cluded Belle Boyd, a Confederate spy THE WHITE HOUSE, October 8, 2009. who was a captain and honorary aide MESSAGES FROM THE PRESIDENT f de camp to GEN Stonewall Jackson. Messages from the President of the MESSAGES FROM THE HOUSE After recruiting, Brigadier General United States were communicated to Bailey became the Army’s Senate liai- the Senate by Mrs. Neiman, one of his At 11:38 a.m., a message from the son. She said for the first few weeks, secretaries. House of Representatives, delivered by Ms. Niland, one of its reading clerks, all she saw were the backs of the Sen- f ators’ heads from the Senate galleries. announced that the House has passed After 29 years of service, she was as- EXECUTIVE MESSAGES REFERRED the following bill, without amendment: signed to Fort McClellan, AL, as the As in executive session the Presiding S. 1717. An act to authorize major medical facility leases for the Department of Vet- deputy commander of the training cen- Officer laid before the Senate messages ter. When General Westmoreland sum- erans Affairs for fiscal year 2010, and for from the President of the United other purposes. moned her to Washington, she asked if States submitting sundry nominations the meeting could be postponed be- which were referred to the appropriate At 12:42 p.m., a message from the cause she was involved in a theater committees. House of Representatives, delivered by production she didn’t want to miss. All (The nominations received today are Mrs. Cole, one of its reading clerks, an- the while she thought, ‘‘If General printed at the end of the Senate nounced that the House has passed the Westmoreland suggests I might be the proceedings.) following bills, in which it requests the new director of the Women’s Army f concurrence of the Senate: Corps, I’m just going to say no thank H.R. 2092. An act to amend the National you. If I’m your first choice, then take MESSAGE RELATIVE TO THE Children’s Island Act of 1995 to expand allow- the second choice.’’ She didn’t get a WORLD TRADE ORGANIZATION able uses for Kingman and Heritage Islands chance to argue when he told her she WAIVER REQUIRED BY THE by the District of Columbia, and for other would be the new WAC director. She CLEAN DIAMOND TRADE ACT— purposes. was needed because the Army needed PM 32 H.R. 2174. An act to designate the facility of the United States Postal Service located to recruit more women. Under her ten- The PRESIDING OFFICER laid beat 18 Main Street in Howland, Maine, as the ure the number of women in the Army fore the Senate the following message ‘‘Clyde Hichborn Post Office’’. tripled; from 13,000 to 39,000. And for from the President of the United H.R. 3547. An act to designate the facility the first time, women were allowed to States which was referred to the Com- of the United States Postal Service located command men. mittee on Finance: at 936 South 250 East in Provo, Utah, as the She retired from the Army with the ‘‘Rex E. Lee Post Office Building’’. rank of brigadier general. Her military To the Congress of the United States: The message also announced that the decorations included the Distinguished The Clean Diamond Trade Act (Pub- House agrees to the amendment of the Service Medal and the Legion of Merit. lic Law 108–19) (the ‘‘Act’’) authorizes Senate to the bill (H.R. 1035) to amend General Bailey will be interred at Ar- the President to ‘‘prohibit the importa- the Morris K. Udall Scholarship and lington National Cemetery on October tion into, or exportation from, the Excellence in National Environmental 14. Her husband, Marine Sergeant United States of any rough diamond, and Native American Public Policy Act Major Roy C. Bailey, died in a traffic from whatever source, that has not of 1992 to honor the legacy of Stewart accident in 1966.∑ been controlled through the Kimberley L. Udall, and for other purposes; with Process Certification Scheme.’’ The f an amendment, in which it requests Act takes effect on the date that the the concurrence of the Senate. RECOGNIZING THE INTER- President certifies to the Congress that NATIONAL FERTILIZER DEVEL- (1) an applicable waiver that has been At 3:44 p.m., a message from the OPMENT CENTER granted by the World Trade Organiza- House of Representatives, delivered by ∑ Mr. SHELBY. Mr. President, I wish tion (WTO) is in effect, or (2) an appli- Ms. Niland, one of its reading clerks, to honor the International Fertilizer cable decision in a resolution adopted announced that the House agrees to Development Center, IFDC, as it cele- by the United Nations Security Council the report of the committee of con- brates the 35th anniversary of its pursuant to Chapter VII of the Charter ference on the disagreeing votes of the founding today, October 8. of the United Nations is in effect. The two Houses on the amendment of the In the wake of the worldwide food Act remains in effect during those peri- Senate to the bill (H.R. 2647) to author- and energy shortages of the 1970s, the ods in which, as certified by the Presi- ize appropriations for fiscal year 2010

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.014 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10317 for military activities of the Depart- H.R. 3590. An act to amend the Internal Environmental Protection Agency, transmit- ment of Defense, for military construc- Revenue Code of 1986 to modify the first-time ting, pursuant to law, the report of a rule en- tion, and for defense activities of the homebuyers credit in the case of members of titled ‘‘Operating Permit Programs; Flexible Department of Energy, to prescribe the Armed Forces and certain other Federal Air Permitting Rule’’ (FRL No. 8964–8) re- employees, and for other purposes. ceived in the Office of the President of the military personnel strengths for such S. 1772. A bill to require that all legislative Senate on October 5, 2009; to the Committee fiscal year, to provide special pays and matters be available and fully scored by CBO on Environment and Public Works. allowances to certain members of the 72 hours before consideration by any sub- EC–3298. A communication from the Direc- Armed Forces, expand concurrent re- committee or committee of the Senate or on tor of the Regulatory Management Division, ceipt of military recruitment and VA the floor of the Senate. Office of Policy, Economics, and Innovation, disability benefits to disabled military Environmental Protection Agency, transmit- f ting, pursuant to law, the report of a rule en- retirees, and for other purposes. EXECUTIVE AND OTHER titled ‘‘Standard of Performance for Coal The message further announced that COMMUNICATIONS Preparation and Processing Plants’’ (FRL the House agrees to the following con- No. 8965–3) received in the Office of the Presi- current resolution, in which it requests The following communications were dent of the Senate on October 5, 2009; to the the concurrence of the Senate: laid before the Senate, together with Committee on Environment and Public H. Con. Res. 196. Concurrent resolution accompanying papers, reports, and doc- Works. EC–3299. A communication from the Direc- making corrections in the enrollment of the uments, and were referred as indicated: tor of the Regulatory Management Division, bill H.R. 2647. EC–3291. A communication from the Direc- Office of Policy, Economics, and Innovation, tor of the Regulatory Management Division, Environmental Protection Agency, transmit- At 4:24 p.m., a message from the Office of Policy, Economics, and Innovation, ting, pursuant to law, the report of a rule en- House of Representatives, delivered by Environmental Protection Agency, transmit- titled ‘‘Approval and Promulgation of Air Mrs. Cole, one of its reading clerks, an- ting, pursuant to law, the report of a rule en- Quality Implementation Plans; Delaware; nounced that the House has passed the titled ‘‘C10–C18–Alkyl dimethyl amine ox- Regulation to Reduce Idling of Heavy–Duty following bills, in which it requests the ides; Exemption from the Requirement of a Vehicles’’ (FRL No. 8967–1) received in the Tolerance’’ (FRL No. 8437–3) received in the concurrence of the Senate: Office of the President of the Senate on Oc- Office of the President of the Senate on Oc- tober 6, 2009; to the Committee on Environ- H.R. 3590. A bill to amend the Internal Rev- tober 5, 2009; to the Committee on Agri- ment and Public Works. enue Code of 1986 to modify the first-time culture, Nutrition, and Forestry. EC–3300. A communication from the Direc- homebuyers credit in the case of members of EC–3292. A communication from the Direc- tor of the Regulatory Management Division, the Armed Forces and certain other Federal tor of the Regulatory Management Division, Office of Policy, Economics, and Innovation, employees, and for other purposes. Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- H.J. Res. 26. A joint resolution proclaiming Environmental Protection Agency, transmitting, pursuant to law, the report of a rule en- Casimir Pulaski to be an honorary citizen of ting, pursuant to law, the report of a rule entitled ‘‘Approval and Promulgation of Imple- the United States posthumously. titled ‘‘Ammonium chloride; Exemption mentation Plans; Corrections to the Arizona The message also announced that the from the Requirement of a Tolerance’’ (FRL and Nevada State Implementation Plans’’ House agrees to the amendment of the No. 8438–1) received in the Office of the Presi- (FRL No. 8966–3) received in the Office of the Senate to the bill (H.R. 1016) to amend dent of the Senate on October 6, 2009; to the President of the Senate on October 6, 2009; to Committee on Agriculture, Nutrition, and the Committee on Environment and Public title 38, United States Code, to provide Forestry. Works. advance appropriations authority for EC–3293. A communication from the Direc- EC–3301. A communication from the Direc- certain accounts of the Department of tor of the Regulatory Management Division, tor of the Regulatory Management Division, Veterans Affairs, and for other pur- Office of Policy, Economics, and Innovation, Office of Policy, Economics, and Innovation, poses; with an amendment, in which it Environmental Protection Agency, transmit- Environmental Protection Agency, transmit- requests the concurrence of the Senate. ting, pursuant to law, the report of a rule en- ting, pursuant to law, the report of a rule entitled ‘‘Quinclorac; Pesticide Tolerance for titled ‘‘Approval and Promulgation of Air f Emergency Exemption’’ (FRL No. 8434–3) re- Quality Implementation Plans; Indiana; Ex- MEASURES REFERRED ceived in the Office of the President of the tended Permit Terms for Renewal of Feder- Senate on October 6, 2009; to the Committee ally Enforceable State Operating Permits’’ The following bills and joint resolu- on Agriculture, Nutrition, and Forestry. (FRL No. 8963–4) received in the Office of the tion were read the first and the second EC–3294. A communication from the Direc- President of the Senate on October 5, 2009; to times by unanimous consent, and re- tor of the Regulatory Management Division, the Committee on Environment and Public ferred as indicated: Office of Policy, Economics, and Innovation, Works. EC–3302. A communication from the Chief H.R. 2092. An act to amend the National Environmental Protection Agency, transmit- of the Publications and Regulations Branch, Children’s Island Act of 1995 to expand allow- ting, pursuant to law, the report of a rule en- Internal Revenue Service, Department of the able uses for Kingman and Heritage Islands titled ‘‘Sodium and Ammonium Treasury, transmitting, pursuant to law, the by the District of Columbia, and for other Naphthalenesulfonate Formaldehyde Con- report of a rule entitled ‘‘Taxation of Fringe purposes; to the Committee on Homeland Se- densates; Exemption from the Requirement Benefits’’ (Rev. Rul. 2009–28) received in the curity and Governmental Affairs. of a Tolerance’’ (FRL No. 8439–1) received in Office of the President of the Senate on Oc- H.R. 2174. An act to designate the facility the Office of the President of the Senate on tober 5, 2009; to the Committee on Finance. of the United States Postal Service located October 6, 2009; to the Committee on Agri- culture, Nutrition, and Forestry. EC–3303. A communication from the Chief at 18 Main Street in Howland, Maine, as the of the Publications and Regulations Branch, ‘‘Clyde Hichborn Post Office’’; to the Com- EC–3295. A communication from the Direc- tor of the Regulatory Management Division, Internal Revenue Service, Department of the mittee on Homeland Security and Govern- Treasury, transmitting, pursuant to law, the mental Affairs. Office of Policy, Economics, and Innovation, Environmental Protection Agency, transmit- report of a rule entitled ‘‘Definition of Omis- H.R. 3547. An act to designate the facility sion from Gross Income’’ (RIN1545–BI94) re- of the United States Postal Service located ting, pursuant to law, the report of a rule entitled ‘‘Pyraclostrobin; Pesticide Toler- ceived in the Office of the President of the at 936 South 250 East in Provo, Utah, as the Senate on October 5, 2009; to the Committee ‘‘Rex E. Lee Post Office Building’’; to the ances’’ (FRL No. 8793–2) received in the Of- fice of the President of the Senate on Octo- on Finance. Committee on Homeland Security and Gov- EC–3304. A communication from the Chief ber 5, 2009; to the Committee on Agriculture, ernmental Affairs. of the Publications and Regulations Branch, Nutrition, and Forestry. H.J. Res. 26. Joint resolution proclaiming Internal Revenue Service, Department of the EC–3296. A communication from the Direc- Casimir Pulaski to be an honorary citizen of Treasury, transmitting, pursuant to law, the tor of the Regulatory Management Division, the United States posthumously; to the report of a rule entitled ‘‘Update of Weighted Office of Policy, Economics, and Innovation, Committee on the Judiciary. Average Interest Rates, Yield Curves, and Environmental Protection Agency, transmit- Segment Rates’’ (Notice No. 2009–76) received f ting, a Uniform Resource Locator (URL) for in the Office of the President of the Senate a document entitled ‘‘Issuance of 2009 Re- MEASURES READ THE FIRST TIME on October 7, 2009; to the Committee on Fi- vised CERCLA Model Remedial Design/Re- nance. The following bills were read the first medial Action Consent Decree’’ received in time: the Office of the President of the Senate on f H.R. 3548. An act to amend the Supple- October 6, 2009; to the Committee on Envi- EXECUTIVE REPORTS OF mental Appropriations Act, 2008 to provide ronment and Public Works. COMMITTEES for the temporary availability of certain ad- EC–3297. A communication from the Direc- ditional emergency unemployment com- tor of the Regulatory Management Division, The following executive reports of pensation, and for other purposes. Office of Policy, Economics, and Innovation, nominations were submitted:

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By Mr. LEVIN for the Committee on By Mr. VITTER: S. 825 Armed Services. S. 1769. A bill to amend the Internal Rev- At the request of Mrs. LINCOLN, the *Army nomination of Lt. Gen. David M. enue Code of 1986 to allow certain coins to be name of the Senator from South Da- Rodriguez, to be Lieutenant General. acquired by individual retirement accounts By Mr. BINGAMAN for the Committee on and other individually directed pension plan kota (Mr. JOHNSON) was added as a co- Energy and Natural Resources. accounts, and for other purposes; to the sponsor of S. 825, a bill to amend the *John R. Norris, of the District of Colum- Committee on Finance. Internal Revenue Code of 1986 to re- bia, to be a Member of the Federal Energy By Ms. MURKOWSKI (for herself, Mr. store, increase, and make permanent Regulatory Commission for the remainder of CRAPO, and Mr. NELSON of Nebraska): the exclusion from gross income for the term expiring June 30, 2012. S. 1770. A bill to recognize the heritage of amounts received under qualified group *Jose Antonio Garcia, of Florida, to be Di- recreational fishing, hunting, and shooting legal services plans. rector of the Office of Minority Economic on Federal public lands and ensure continued Impact, Department of Energy. opportunities for these activities; to the S. 844 *Joseph G. Pizarchik, of Pennsylvania, to Committee on Energy and Natural Re- At the request of Mr. LAUTENBERG, be Director of the Office of Surface Mining sources. the name of the Senator from New Jer- Reclamation and Enforcement. By Mr. CASEY (for himself and Mr. sey (Mr. MENENDEZ) was added as a co- By Mr. LEAHY for the Committee on the SPECTER): sponsor of S. 844, a bill to amend the Judiciary. S. 1771. A bill to authorize the Secretary of Public Health Service Act to prevent Brendan V. Johnson, of South Dakota, to Health and Human Services to establish a be United States Attorney for the District of program of grants to newly accredited and treat diabetes, to promote and im- South Dakota for the term of four years. allopathic medical schools for the purpose of prove the care of individuals with dia- Karen Louise Loeffler, of Alaska, to be increasing the supply of physicians; to the betes, and to reduce health disparities United States Attorney for the District of Committee on Health, Education, Labor, and relating to diabetes within racial and Alaska for the term of four years. Pensions. ethnic minority groups, including Afri- Steven Gerard O’Donnell, of Rhode Island, By Mr. BUNNING: can-American, Hispanic American, to be United States Marshal for the District S. 1772. A bill to require that all legislative Asian American, Native Hawaiian and of Rhode Island for the term of four years. matters be available and fully scored by CBO Other Pacific Islander, and American 72 hours before consideration by any sub- *Nomination was reported with rec- Indian and Alaskan Native commu- ommendation that it be confirmed subcommittee or committee of the Senate or on the floor of the Senate; read the first time. nities. ject to the nominee’s commitment to S. 868 respond to requests to appear and tes- f At the request of Mr. BAUCUS, the tify before any duly constituted com- SUBMISSION OF CONCURRENT AND name of the Senator from Idaho (Mr. mittee of the Senate. SENATE RESOLUTIONS (Nominations without an asterisk RISCH) was added as a cosponsor of S. The following concurrent resolutions 868, a bill to repeal certain provisions were reported with the recommenda- and Senate resolutions were read, and tion that they be confirmed.) of the Federal Lands Recreation En- referred (or acted upon), as indicated: hancement Act. f By Mr. REID (for himself and Mr. EN- S. 870 SIGN): INTRODUCTION OF BILLS AND At the request of Mrs. LINCOLN, the JOINT RESOLUTIONS S. Res. 309. A resolution recognizing and celebrating the 145th anniversary of the name of the Senator from Georgia (Mr. The following bills and joint resolu- entry of Nevada into the Union as the 36th ISAKSON) was added as a cosponsor of S. tions were introduced, read the first State; considered and agreed to. 870, a bill to amend the Internal Rev- and second times by unanimous con- By Mr. CASEY (for himself, Mr. ROB- enue Code of 1986 to expand the credit sent, and referred as indicated: ERTS, Mr. SANDERS, Mr. BROWN, Mr. for renewable electricity production to FEINGOLD, and Mr. AKAKA): By Mr. FRANKEN (for himself, Mr. include electricity produced from bio- S. Res. 310. A resolution expressing support WHITEHOUSE, and Mr. BROWN): mass for on-site use and to modify the for the designation of October 20, 2009, as the S. 1763. A bill to amend the Internal Rev- National Day on Writing; considered and credit period for certain facilities pro- enue Code of 1986 to deny the deduction for agreed to. ducing electricity from open-loop bio- advertising and promotional expenses for mass. prescription pharmaceuticals; to the Com- f S. 883 mittee on Finance. ADDITIONAL COSPONSORS By Mr. LAUTENBERG: At the request of Mr. KERRY, the S. 1764. A bill to clarify the application of S. 484 names of the Senator from Vermont section 14501(d) of title 19, United States At the request of Mrs. FEINSTEIN, the (Mr. SANDERS), the Senator from Texas Code, to prevent the imposition of unreason- name of the Senator from Hawaii (Mr. (Mrs. HUTCHISON), the Senator from able transportation fees; to the Committee INOUYE) was added as a cosponsor of S. Utah (Mr. HATCH), the Senator from on Commerce, Science, and Transportation. 484, a bill to amend title II of the So- OCKEFELLER By Mr. CARDIN (for himself, Ms. COL- West Virginia (Mr. R ) and LINS, Mr. BROWN, Ms. MIKULSKI, Mr. cial Security Act to repeal the Govern- the Senator from Florida (Mr. NELSON) WHITEHOUSE, Mr. SCHUMER, and Mr. ment pension offset and windfall elimi- were added as cosponsors of S. 883, a BURRIS): nation provisions. bill to require the Secretary of the S. 1765. A bill to amend the Hate Crime S. 624 Treasury to mint coins in recognition Statistics Act to include crimes against the At the request of Mr. DURBIN, the and celebration of the establishment of homeless; to the Committee on the Judici- name of the Senator from Nebraska the Medal of Honor in 1861, America’s ary. highest award for valor in action By Mr. BROWN (for himself and Mrs. (Mr. JOHANNS) was added as a cospon- HAGAN): sor of S. 624, a bill to provide 100,000,000 against an enemy force which can be S. 1766. A bill to enhance reciprocal market people with first-time access to safe bestowed upon an individual serving in access for United States domestic producers drinking water and sanitation on a sus- the Armed Services of the United in the negotiating process of bilateral, re- tainable basis by 2015 by improving the States, to honor the American military gional, and multilateral trade agreements; capacity of the United States Govern- men and women who have been recipi- to the Committee on Finance. ment to fully implement the Senator ents of the Medal of Honor, and to pro- By Mr. BURR (for himself and Mrs. Paul Simon Water for the Poor Act of mote awareness of what the Medal of HAGAN): Honor represents and how ordinary S. 1767. A bill to authorize a land exchange 2005. to acquire land for the Blue Ridge Parkway S. 632 Americans, through courage, sacrifice, from the Town of Blowing Rock, North Caro- At the request of Mr. BAUCUS, the selfless service and patriotism, can lina, and for other purposes; to the Com- name of the Senator from New Hamp- challenge fate and change the course of mittee on Energy and Natural Resources. shire (Mr. GREGG) was added as a co- history. By Mr. BURR (for himself and Mrs. sponsor of S. 632, a bill to amend the S. 907 HAGAN): S. 1768. A bill to adjust the boundaries of Internal Revenue Code of 1986 to re- At the request of Mr. CARPER, the Pisgah National Forest in McDowell County, quire that the payment of the manu- name of the Senator from Florida (Mr. North Carolina; to the Committee on Agri- facturers’ excise tax on recreational LEMIEUX) was added as a cosponsor of culture, Nutrition, and Forestry. equipment be paid quarterly. S. 907, a bill to establish procedures for

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.036 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10319 the expedited consideration by Con- sions of formaldehyde from composite bill making appropriations for the De- gress of certain proposals by the Presi- wood products, and for other purposes. partments of Commerce and Justice, dent to rescind amounts of budget au- S. 1678 and Science, and Related Agencies for thority. At the request of Mr. CARDIN, the the fiscal year ending September 30, S. 941 name of the Senator from Connecticut 2010, and for other purposes. At the request of Mr. CRAPO, the (Mr. DODD) was added as a cosponsor of AMENDMENT NO. 2637 name of the Senator from South Da- S. 1678, a bill to amend the Internal At the request of Mr. BROWN, the kota (Mr. THUNE) was added as a co- Revenue Code of 1986 to extend the sponsor of S. 941, a bill to reform the first-time homebuyer tax credit, and names of the Senator from Maine (Ms. Bureau of Alcohol, Tobacco, Firearms, for other purposes. SNOWE) and the Senator from Lou- isiana (Ms. LANDRIEU) were added as and Explosives, modernize firearm laws S. 1694 and regulations, protect the commu- cosponsors of amendment No. 2637 in- At the request of Mr. ROCKEFELLER, tended to be proposed to H.R. 2847, a nity from criminals, and for other pur- the name of the Senator from Virginia poses. bill making appropriations for the De- (Mr. WARNER) was added as a cosponsor partments of Commerce and Justice, S. 1076 of S. 1694, a bill to allow the funding and Science, and Related Agencies for At the request of Mr. MENENDEZ, the for the interoperable emergency com- the fiscal year ending September 30, name of the Senator from Oregon (Mr. munications grant program established 2010, and for other purposes. MERKLEY) was added as a cosponsor of under the Digital Television Transition S. 1076, a bill to improve the accuracy and Public Safety Act of 2005 to remain AMENDMENT NO. 2642 of fur product labeling, and for other available until expended through fiscal At the request of Mr. LEAHY, the purposes. year 2012, and for other purposes. name of the Senator from Vermont S. 1160 S. 1744 (Mr. SANDERS) was added as a cospon- At the request of Mr. SCHUMER, the At the request of Mr. SCHUMER, the sor of amendment No. 2642 proposed to name of the Senator from New Mexico name of the Senator from Vermont H.R. 2847, a bill making appropriations (Mr. UDALL) was added as a cosponsor (Mr. LEAHY) was added as a cosponsor for the Departments of Commerce and of S. 1160, a bill to provide housing as- of S. 1744, a bill to require the Adminis- Justice, and Science, and Related sistance for very low-income veterans. trator of the Federal Aviation Admin- Agencies for the fiscal year ending Sep- S. 1232 istration to prescribe regulations to tember 30, 2010, and for other purposes. ensure that all crewmembers on air At the request of Mr. DORGAN, the AMENDMENT NO. 2647 name of the Senator from Virginia (Mr. carriers have proper qualifications and At the request of Mr. DURBIN, the WEBB) was added as a cosponsor of S. experience, and for other purposes. name of the Senator from Pennsyl- 1232, a bill to amend the Federal Food, S. CON. RES. 14 vania (Mr. CASEY) was added as a co- Drug, and Cosmetic Act with respect to At the request of Mrs. LINCOLN, the sponsor of amendment No. 2647 pro- the importation of prescription drugs, name of the Senator from Oklahoma posed to H.R. 2847, a bill making appro- and for other purposes. (Mr. INHOFE) was added as a cosponsor priations for the Departments of Com- of S. Con. Res. 14, a concurrent resolu- S. 1366 merce and Justice, and Science, and tion supporting the Local Radio Free- At the request of Mrs. BOXER, the Related Agencies for the fiscal year dom Act. name of the Senator from New Mexico ending September 30, 2010, and for (Mr. UDALL) was added as a cosponsor S. RES. 307 other purposes. of S. 1366, a bill to amend the Internal At the request of Mr. BUNNING, the Revenue Code of 1986 to allow tax- name of the Senator from Alaska (Ms. AMENDMENT NO. 2648 payers to designate a portion of their MURKOWSKI) was added as a cosponsor At the request of Mr. ENSIGN, the income tax payment to provide assist- of S. Res. 307, a resolution to require name of the Senator from Texas (Mr. ance to homeless veterans, and for that all legislative matters be avail- CORNYN) was added as a cosponsor of other purposes. able and fully scored by CBO 72 hours amendment No. 2648 proposed to H.R. S. 1395 before consideration by any sub- 2847, a bill making appropriations for At the request of Mr. CRAPO, the committee or committee of the Senate the Departments of Commerce and Jus- name of the Senator from Nebraska or on the floor of the Senate. tice, and Science, and Related Agencies (Mr. NELSON) was added as a cosponsor AMENDMENT NO. 2393 for the fiscal year ending September 30, of S. 1395, a bill to amend the Marine At the request of Mr. JOHANNS, the 2010, and for other purposes. Mammal Protection Act of 1972 to name of the Senator from Georgia (Mr. AMENDMENT NO. 2652 allow importation of polar bear tro- ISAKSON) was added as a cosponsor of phies taken in sport hunts in Canada amendment No. 2393 proposed to H.R. At the request of Mr. FEINGOLD, the before the date on which the polar bear 2847, a bill making appropriations for name of the Senator from Vermont was determined to be a threatened spe- the Departments of Commerce and Jus- (Mr. LEAHY) was added as a cosponsor cies under the Endangered Species Act tice, and Science, and Related Agencies of amendment No. 2652 intended to be of 1973. for the fiscal year ending September 30, proposed to H.R. 2847, a bill making appropriations for the Departments of S. 1547 2010, and for other purposes. Commerce and Justice, and Science, AMENDMENT NO. 2627 At the request of Mr. REED, the name and Related Agencies for the fiscal of the Senator from New Mexico (Mr. At the request of Mr. LEVIN, the year ending September 30, 2010, and for UDALL) was added as a cosponsor of S. names of the Senator from Rhode Is- other purposes. 1547, a bill to amend title 38, United land (Mr. WHITEHOUSE) and the Senator States Code, and the United States from New Hampshire (Mrs. SHAHEEN) AMENDMENT NO. 2653 Housing Act of 1937 to enhance and ex- were added as cosponsors of amend- At the request of Mr. BUNNING, the pand the assistance provided by the De- ment No. 2627 proposed to H.R. 2847, a names of the Senator from Tennessee partment of Veterans Affairs and the bill making appropriations for the De- (Mr. ALEXANDER), the Senator from Department of Housing and Urban De- partments of Commerce and Justice, Wyoming (Mr. ENZI), the Senator from velopment to homeless veterans and and Science, and Related Agencies for New Hampshire (Mr. GREGG) and the veterans at risk of homelessness, and the fiscal year ending September 30, Senator from Idaho (Mr. CRAPO) were for other purposes. 2010, and for other purposes. added as cosponsors of amendment No. S. 1660 AMENDMENT NO. 2636 2653 proposed to H.R. 2847, a bill mak- At the request of Ms. KLOBUCHAR, the At the request of Ms. LANDRIEU, the ing appropriations for the Departments name of the Senator from Georgia (Mr. name of the Senator from New Hamp- of Commerce and Justice, and Science, ISAKSON) was added as a cosponsor of S. shire (Mrs. SHAHEEN) was added as a co- and Related Agencies for the fiscal 1660, a bill to amend the Toxic Sub- sponsor of amendment No. 2636 in- year ending September 30, 2010, and for stances Control Act to reduce the emis- tended to be proposed to H.R. 2847, a other purposes.

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.038 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10320 CONGRESSIONAL RECORD — SENATE October 8, 2009 STATEMENTS ON INTRODUCED a very high return on investment, and against the homeless; to the Com- BILLS AND JOINT RESOLUTIONS so not unsurprisingly companies have mittee on the Judiciary. By Mr. FRANKEN (for himself, increased spending on ads to consumers Mr. CARDIN. Mr. President, I rise today to introduce the Hate Crimes Mr. WHITEHOUSE, and Mr. by 536 percent from 1996 to 2007. That is Against the Homeless Statistics Act of BROWN): 536 percent. In 2007 alone, pharma- S. 1763. A bill to amend the Internal ceutical companies spent nearly $4.8 2009. I am joined in this effort by Sen- Revenue Code of 1986 to deny the de- billion on these excessive marketing ator COLLINS. I am also joined by the duction for advertising and pro- campaigns. This spending is passed on Presiding Officer, Senator BROWN, Sen- motional expenses for prescription to consumers, resulting in higher pre- ator MIKULSKI, Senator WHITEHOUSE, pharmaceuticals; to the Committee on scription drug costs for Americans. and Senator SCHUMER. Finance. This bill will simply take away tax This week marks the 1-year anniver- Mr. FRANKEN. Mr. President, I am breaks that encourage drug companies sary of the tragic murder of John Rob- pleased today to introduce the Pro- to do this. ert McGraham. Mr. McGraham was a tecting Americans from Drug Mar- The Protecting Americans from Drug well-known member of the Wilshire keting Act. Health care spending is out Marketing Act is also needed to make neighborhood of Los Angeles, CA, for of control, and this bill represents a sure doctors and other providers are more than 20 years. On October 9, 2008, small but significant step toward making decisions based on the best sci- he was doused with gasoline and set reigning in unnecessary health care entific evidence. Today, doctors fre- ablaze as he slept. By the time neigh- costs. quently receive information about pre- bors and residents ran to his rescue, his Right now, the Federal Government scription drugs from the drug compa- clothes had been burned off and his gives pharmaceutical companies a tax nies themselves. The Protecting Amer- face blackened. The attacker appar- break every time you see a drug adver- icans from Drug Marketing Act also ently had a dislike toward homeless in- tisement on TV—and for every free takes away the tax break that drug dividuals. Known for rarely asking for mug your doctor receives that has a companies receive for sending rep- money and not bothering anyone in the pharmaceutical company logo on it. resentatives to hospitals and doctors’ community, Mr. McGraham lost his These tax breaks add up to billions of offices to encourage them to use their life because of his homeless status. dollars of lost revenue for the Federal drugs. These representatives are the Days after his murder, hundreds of peo- Government. ones who leave behind the pens and cof- ple gathered at the spot of his death Pharmaceutical companies are get- fee mugs—or even nicer gifts—that you and created a memorial for him. ting a huge boost at a time when thou- see at the clinic, logoed with the names Mr. McGraham is just one of many sands of Americans are going bankrupt of specific drugs. homeless individuals who have suffered because of health care bills, and mil- We have created a culture in which hate crimes because they were home- lions more are struggling to pay for doctors receive far too much biased in- less. In a popular men’s magazine, health insurance coverage. This legis- formation about drugs—and how they under the blurb titled ‘‘Hunt for the lation will remove these unfair tax can be used in unapproved ways—from Homeless,’’ the following was dis- benefits so pharmaceutical companies pharmaceutical reps who aren’t doc- played: ‘‘Kill one for fun. We’re 87 per- can focus their dollars on developing tors, often have no scientific training, cent sure it’s legal.’’ We have heard the new drugs, not excessive marketing and most certainly have a vested inter- horrific stories: A woman sleeping was schemes. est in selling the newest, most expen- pushed into a river; a man was beaten, Nationwide, prescription drug spend- sive products. This bill won’t end that soaked in beer and urine and covered ing rose 500 percent between 2000 and practice, but it will end the lucrative with trash; a woman was beaten in the 2005, from $40 billion to $200.7 billion tax breaks that encourage it. For this face with a tire iron; and many more per year. But while costs to patients reason, it will help providers make unfortunate stories. This behavior are growing exponentially, the pharma- medical decisions based on objective, should not and cannot be tolerated in ceutical industry is spending an aston- peer-reviewed research—not on biased our society. What kind of society ishing $30 billion annually on mar- materials from companies standing to would we be if we allowed these types keting. Of course, these companies profit from doctors’ prescription pads of attacks to continue without stand- have the right to advertise. But tax- and patients’ wallets. ing up against them? payers shouldn’t be subsidizing these The Federal Government could save The Hate Crimes Statistics Act of expenses. up to $3.5 billion every year by elimi- 1990 requires the Department of Justice Research has shown that glossy ad- nating these tax breaks used every day to collect data from law enforcement vertisements and logo-laden pens don’t by drug companies. In this small way, agencies about ‘‘crimes that manifest add any value to our health care sys- we can help stem the tide of confusing evidence of prejudice based upon race, tem. Instead, drug companies are try- and misleading drug ads that you and religion, sexual orientation or eth- ing to use both consumers and doctors your family see every day on TV and in nicity.’’ In 1994, Congress expanded as pawns in order to maximize profits. magazines. Just as importantly, we can coverage to require reporting on crimes The Federal Government should not bring down the cost of health care, based on disability. Data collection subsidize these activities. make prescription drugs more afford- provides the needed information to pol- It is challenging enough to navigate able for all Americans, and help pay for icymakers, law enforcement, and com- our health care system; the recent ex- the cost of health reform that is so munities so they can make informed plosion of prescription drug ads on tel- sorely needed. decisions as to how best to proceed evision, on the Internet, and in maga- Americans are struggling just to with the problem presented to us. The zines just confuses things further. keep their health insurance and pay Hate Crimes Against the Homeless Sta- Many ads encourage consumers to use their bills. Let us end this counter- tistics Act will again expand coverage expensive drugs over cheaper alter- productive subsidy and spend our tax- by adding ‘‘homeless status’’ to the list natives that may work just as well. payer dollars more wisely. I thank Sen- of categories required to be reported on Other ads provide a skewed view of ators WHITEHOUSE and BROWN for join- by the Department of Justice. what the drug does, minimizing the ing me in introducing this important In order to measure the level of bias- risks while overemphasizing the bene- legislation, and I urge my colleagues to motivated crimes, data is needed. Cur- fits. Health care already costs work with us to include it in health re- rently, there is a significant problem in enough—taxpayers shouldn’t be paying form legislation. establishing a baseline for meaningful to subsidize these unhelpful and con- comparison. The best way to prove or fusing messages. By Mr. CARDIN (for himself, Ms. disprove an issue’s validity is data col- Drug companies are capitalizing on COLLINS, Mr. BROWN, Ms. MI- lection. According to the National Coa- this confusion. Studies have shown KULSKI, Mr. WHITEHOUSE, Mr. lition for the Homeless, which has that every dollar spent on advertising SCHUMER, and Mr. BURRIS): tracked these types of attacks since to consumers yields an additional $4.20 S. 1765. A bill to amend the Hate 1999, they have reported an increase in in sales for drug manufacturers. This is Crime Statistics Act to include crimes the number of hate crimes targeted at

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.057 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10321 homeless individuals in the last dec- SUBMITTED RESOLUTIONS Whereas Lake Tahoe is one of the deepest ade. If we take the statistics provided and clearest alpine lakes in the world, and by this coalition and compare them to Lake Mead is the largest engineered res- the available statistics currently being SENATE RESOLUTION 309—RECOG- ervoir in the United States; NIZING AND CELEBRATING THE Whereas Nevada is home to Great Basin collected by the FBI under the Hate National Park, 17 State parks, 2 national for- Crimes Statistics Act, the results are 145TH ANNIVERSARY OF THE ENTRY OF NEVADA INTO THE ests, and 3,400,000 acres of wilderness, includ- startling. ing Sloan Canyon, Red Rock Canyon, and The number of hate crimes resulting UNION AS THE 36TH STATE Black Rock Desert; in death among listed members, those Mr. REID (for himself and Mr. EN- Whereas Nevada exemplifies the independ- in the statute, is lower than the known SIGN) submitted the following resolu- ence, opportunity, and pioneering spirit of number of fatal attacks on homeless tion; which was considered and agreed the West; and individuals. Between 1999 and 2007, to: Whereas Nevada’s delegation to the 111th Congress—Senator Harry Reid, Senator John there were 94 hate crime fatalities S. RES. 309 Ensign, Representative Shelley Berkley, among the listed individuals, compared Whereas October 31, 2009, marks the 145th Representative Dean Heller, and Representa- to 218 fatalities in the same period di- anniversary of President Abraham Lincoln’s tive Dina Titus—invite all to join in the rected at homeless individuals. I am in- proclamation admitting Nevada into the celebration of Nevada statehood: Now, there- troducing this bill today in an effort to Union as the 36th State; fore, be it Whereas Nevadans celebrate the anniver- Resolved, That the Senate recognizes and get uniform data collection on these sary of ‘‘Battle Born’’ statehood every year attacks so that we have a uniform celebrates the 145th anniversary of the entry as Nevada Day; of Nevada into the Union as the 36th State. basis on which to know how serious the Whereas Nevada’s State motto is ‘‘All for problem is. Our Country’’, reflecting the patriotism and f There are approximately 3.5 million sense of duty demonstrated by countless Ne- people a year who are likely to experi- vadans since the State’s entrance into the SENATE RESOLUTION 310—EX- ence homelessness. They are mothers, Union; PRESSING SUPPORT FOR THE fathers, and children, and they are Whereas Nevada’s brave veterans and serv- DESIGNATION OF OCTOBER 20, ice members have made critical contribu- among the most vulnerable members of 2009, AS THE NATIONAL DAY ON tions to our Nation’s security in times of war WRITING our society. Veterans account for 20 and of peace; percent of our homeless population. Whereas the Henderson magnesium mines Mr. CASEY (for himself, Mr. ROB- Families displaced because of domestic and the Nevada Test Site played key roles in ERTS, Mr. SANDERS, Mr. BROWN, Mr. violence make up another 28 percent of the United States’ victories during World FEINGOLD, and Mr. AKAKA) submitted the homeless population. With in- War II and the Cold War, respectively; the following resolution; which was creased funding to provide housing for Whereas Nevada is honored to host our Na- considered and agreed to: tion’s Armed Forces at Nellis Air Force the homeless, the previous administra- Base, Creech Air Force Base, Naval Air Sta- S. RES. 310 tion had seen a 20-percent drop in fam- tion Fallon, and the Hawthorne Army Depot, Whereas people in the 21st century are ily homelessness. However, because of as well as National Guard Armories and Re- writing more than ever before for personal, the current economic crisis, an in- serve Readiness Centers throughout the professional, and civic purposes; crease in the homeless population has State; Whereas the social nature of writing in- been reported. Whereas Nevada is a premier destination vites people of every age, profession, and The 2008 annual homeless assessment for tourists, business travelers, family vaca- walk of life to create meaning through com- report to Congress revealed that the tioners, and outdoor enthusiasts throughout posing; the United States and around the globe; Whereas more and more people in every oc- number of homeless families, particu- Whereas Nevada’s unique features attract cupation deem writing as essential and influ- larly those in suburban and rural vacationers and locals alike, including the ential in their work; areas, has increased. The number of pastoral Washoe Valley, the crags of the Whereas writers continue to learn how to families seeking shelter has increased Ruby Mountains, the ‘‘Biggest Little City in write for different purposes, audiences, and by 9 percent overall and by nearly 56 the World’’, the Las Vegas Strip, the Hoover occasions throughout their lifetimes; percent in suburban and rural areas. Dam, Lovers Lock Plaza, and the annual Na- Whereas developing digital technologies Our current economic crisis has re- tional Cowboy Poetry Gathering; expand the possibilities for composing in versed the progress that we made be- Whereas mining became an important in- multiple media at a faster pace than ever be- dustry to the Silver State with the 1859 dis- fore; tween 2005 and 2007. There is also evi- covery of the Comstock Lode, the most valu- Whereas young people are leading the way dence that when State and local budg- able deposit of silver in the Nation; in developing new forms of composing by ets are cut, homeless services are af- Whereas Nevada produces more gold than using different forms of digital media; fected. With an increase in the vulner- all other States combined and is one of the Whereas effective communication contrib- able population, with the government largest sources of gold in the world; utes to building a global economy and a unable to provide funding, at a min- Whereas the entrepreneurial spirit of Ne- global community; imum we have a duty to report sense- vadans is reflected in a versatile economy, Whereas the National Council of Teachers less violence against this risk popu- from the world’s largest gaming establish- of English, in conjunction with its many na- ments to small businesses that make up the tional and local partners, honors and cele- lation. vast majority of Nevada’s employers; brates the importance of writing through the That is what I am asking, pure and Whereas Nevada has a rich cultural herit- National Day on Writing; simple, that we find out exactly how age that draws from diverse populations, Whereas the National Day on Writing cele- many homeless people are being vic- from multi-generational ranching families to brates the foundational place of writing in timized in a uniform way by having re- new residents, from Hispanic Americans to the personal, professional, and civic lives of liable data and information so that we, Asian Americans and Pacific Islanders, and Americans; the policymakers, can make the right from Basque communities to Mormon pio- Whereas the National Day on Writing pro- policy decisions. neers; vides an opportunity for individuals across Homeless people are part of America. Whereas Nevada recognizes the language, the United States to share and exhibit their culture, and generosity of Nevada’s first written works through the National Gallery Every day we see veterans, men, dwellers, the Northern and Southern Pai- of Writing; women, and families who have been utes, Shoshone, and Washoe peoples; Whereas the National Day on Writing high- forced by circumstances to live on the Whereas Nevada celebrates Thocmentony, lights the importance of writing instruction streets. We have walked by them on or Sarah Winnemucca, the first Native and practice at every educational level and our way to work or to school. In an ef- American woman to author a publication in in every subject area; fort to monitor bias-motivated vio- English, whose statue graces Emancipation Whereas the National Day on Writing em- lence, the first step is to realize the Hall in the Capitol Visitor Center; phasizes the lifelong process of learning to scope of the situation by gathering the Whereas the snow-capped mountains of Ne- write and compose for different audiences, vada (pronounced Neva˘ da) were the inspira- purposes, and occasions; data. tion for the Spanish origin of its name; Whereas the National Day on Writing hon- I urge my colleagues to support this Whereas Nevada offers beautiful outdoor ors the use of the full range of media for modest legislation so that we are bet- settings ranging from vibrant desert land- composing, from traditional tools like print, ter prepared to deal with this chal- scapes to grand ski slopes, and from pictur- audio, and video, to Web 2.0 tools like blogs, lenge. esque hiking trails to flowing river currents; wikis, and podcasts; and

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\G08OC6.051 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10322 CONGRESSIONAL RECORD — SENATE October 8, 2009 Whereas the National Day on Writing en- BURRIS, Mrs. GILLIBRAND, Mrs. BOXER, Mr. SA 2658. Ms. CANTWELL submitted courages all Americans to write, as well as BEGICH, Mr. FRANKEN, Mrs. MURRAY, Mr. an amendment intended to be proposed to enjoy and learn from the writing of oth- KERRY, Mr. MENENDEZ, Mr. BINGAMAN, and by her to the bill H.R. 2847, making ap- ers: Now, therefore, be it Mrs. FEINSTEIN) submitted an amendment in- propriations for the Departments of Resolved, That the Senate— tended to be proposed by him to the bill H.R. Commerce and Justice, and Science, (1) supports the designation of October 20, 3548, to amend the Supplemental Appropria- 2009, as the National Day on Writing; tions Act, 2008 to provide for the temporary and Related Agencies for the fiscal (2) strongly affirms the purposes of the Na- availability of certain additional emergency year ending September 30, 2010, and for tional Day on Writing and encourages par- unemployment compensation, and for other other purposes; which was ordered to ticipation in the National Gallery of Writ- purposes; which was ordered to lie on the lie on the table; as follows: ing, which serves as an exemplary living ar- table. On page 125, between lines 10 and 11, insert chive of the centrality of writing in the lives SA 2669. Mr. GRAHAM (for himself, Mr. the following: of Americans; and MCCAIN, and Mr. LIEBERMAN) proposed an SEC. 111. (a) ADDITIONAL AMOUNT FOR THE (3) encourages educational institutions, amendment to the bill H.R. 2847, making ap- UNITED STATES PATENT AND TRADEMARK OF- businesses, community and civic associa- propriations for the Departments of Com- FICE TO PROVIDE TECHNICAL ASSISTANCE PRO- tions, and other organizations to promote merce and Justice, and Science, and Related GRAMS TO BUILD CAPACITY RELATED TO THE awareness of the National Day on Writing Agencies for the fiscal year ending Sep- PROTECTION AND ENFORCEMENT OF INTELLEC- and celebrate the writing of their members tember 30, 2010, and for other purposes. TUAL PROPERTY RIGHTS IN THE PEOPLE’S RE- through individual submissions to the Na- SA 2670. Mr. DURBIN submitted an amend- PUBLIC OF CHINA.—The amount appropriated tional Gallery of Writing. ment intended to be proposed by him to the by title I under the heading ‘‘SALARIES AND EXPENSES’’ under the heading ‘‘UNITED f bill H.R. 2847, supra; which was ordered to lie on the table. STATES PATENT AND TRADEMARK OFFICE’’ is AMENDMENTS SUBMITTED AND SA 2671. Mr. THUNE submitted an amend- hereby increased by $1,000,000, with the PROPOSED ment intended to be proposed by him to the amount of the increase to be available to bill H.R. 2847, supra; which was ordered to lie provide technical assistance to build capac- SA 2656. Mr. BROWNBACK (for himself and on the table. ity related to the protection and enforce- Mr. SCHUMER) submitted an amendment in- SA 2672. Mr. BINGAMAN (for himself, Mr. ment of intellectual property rights in the tended to be proposed by him to the bill H.R. CORNYN, Mrs. LINCOLN, Mr. UDALL of New People’s Republic of China in accordance 2847, making appropriations for the Depart- Mexico, and Mr. CRAPO) submitted an with subsection (b). ments of Commerce and Justice, and amendment intended to be proposed by him (b) TECHNICAL ASSISTANCE.—The United Science, and Related Agencies for the fiscal to the bill H.R. 2847, supra; which was or- States Patent and Trademark Office shall year ending September 30, 2010, and for other dered to lie on the table. provide technical assistance to the Govern- purposes; which was ordered to lie on the SA 2673. Mr. BROWNBACK (for himself and ment of the People’s Republic of China to table. Mr. SCHUMER) submitted an amendment in- build capacity related to the protection and SA 2657. Mr. DODD submitted an amend- tended to be proposed by him to the bill H.R. enforcement of intellectual property rights ment intended to be proposed by him to the 2847, supra; which was ordered to lie on the in China, based on existing memoranda of bill H.R. 2847, supra; which was ordered to lie table. understanding between the United States on the table. SA 2674. Mr. ROCKEFELLER submitted an Patent and Trademark Office and the Gov- SA 2658. Ms. CANTWELL submitted an amendment intended to be proposed by him ernment of China, by— amendment intended to be proposed by her to the bill H.R. 2847, supra; which was or- (1) providing joint seminars with, and tech- to the bill H.R. 2847, supra; which was ordered to lie on the table. nical assistance to, officials of the Govern- dered to lie on the table. SA 2675. Mr. ENSIGN submitted an amendment of China, including patent and trade- SA 2659. Mr. VITTER submitted an amendment intended to be proposed by him to the mark examiners, judges, and prosecutors; ment intended to be proposed by him to the bill H.R. 2847, supra; which was ordered to lie (2) exchanging information and best prac- bill H.R. 2847, supra; which was ordered to lie on the table. tices with respect to the administration of on the table. offices in China with responsibility for pro- f SA 2660. Mr. ENSIGN submitted an amend- tecting and enforcing intellectual property ment intended to be proposed by him to the TEXT OF AMENDMENTS rights; and (3) collaborating with the Government of bill H.R. 2847, supra; which was ordered to lie Mr. BROWNBACK (for him- on the table. SA 2656. China with respect to educating persons that SA 2661. Mr. COBURN submitted an amend- self and Mr. SCHUMER) submitted an hold intellectual property rights about how ment intended to be proposed by him to the amendment intended to be proposed by to protect those rights in China and how to bill H.R. 2847, supra; which was ordered to lie him to the bill H.R. 2847, making ap- use the intellectual property rights protec- on the table. propriations for the Departments of tion system of China to have those rights en- SA 2662. Mr. THUNE submitted an amend- Commerce and Justice, and Science, forced. (c) OFFSET.—The amount appropriated by ment intended to be proposed by him to the and Related Agencies for the fiscal bill H.R. 2847, supra; which was ordered to lie title I under the heading ‘‘OPERATIONS AND year ending September 30, 2010, and for ADMINISTRATION’’ under the heading ‘‘INTER- on the table. other purposes; which was ordered to SA 2663. Mr. VITTER submitted an amend- NATIONAL TRADE ADMINISTRATION’’ and made ment intended to be proposed by him to the lie on the table; as follows: available for the Trade Promotion and bill H.R. 2847, supra; which was ordered to lie On page 108, line 4, strike the period at the United States and Foreign Commercial Serv- ice is hereby decreased by $1,000,000. on the table. end and insert the following: ‘‘: Provided fur- SA 2664. Mr. VITTER submitted an amend- ther, That of the amount appropriated under this heading, not less than $1,000,000 shall be SA 2659. Mr. VITTER submitted an ment intended to be proposed by him to the amendment intended to be proposed by bill H.R. 2847, supra; which was ordered to lie made available for overseas end use checks on the table. to curtail the transshipment or reexpor- him to the bill H.R. 2847, making ap- SA 2665. Mr. SESSIONS submitted an tation of goods originating in the United propriations for the Departments of amendment intended to be proposed by him States to Iran.’’. Commerce and Justice, and Science, to the bill H.R. 2847, supra; which was or- and Related Agencies for the fiscal dered to lie on the table. SA 2657. Mr. DODD submitted an year ending September 30, 2010, and for SA 2666. Mrs. HUTCHISON (for herself, Mr. amendment intended to be proposed by other purposes; which was ordered to CORNYN, Mr. KYL, and Mr. MCCAIN) sub- him to the bill H.R. 2847, making ap- lie on the table; as follows: mitted an amendment intended to be pro- propriations for the Departments of At the appropriate place, insert the fol- posed by her to the bill H.R. 2847, supra; Commerce and Justice, and Science, lowing: which was ordered to lie on the table. and Related Agencies for the fiscal SEC. lll. Of amounts made available by SA 2667. Mr. COBURN submitted an amend- this Act for activities authorized under the ment intended to be proposed by him to the year ending September 30, 2010, and for other purposes; which was ordered to Second Chance Act of 2007 to facilitate the bill H.R. 2847, supra; which was ordered to lie successful reentry of prisoners into commu- on the table. lie on the table; as follows: nities following incarceration $25,000,000 SA 2668. Mr. REID (for himself, Mr. BAU- At the appropriate place, insert the fol- shall be made available to the United States CUS, Mr. REED, Mrs. SHAHEEN, Mr. DODD, Mr. lowing: Marshals Service account to fulfill the re- DURBIN, Mr. SCHUMER, Mr. HARKIN, Mr. SEC. llll. Section 129 of the Continuing quirements of the Adam Walsh Child Protec- LEAHY, Mr. CASEY, Mr. CARDIN, Mr. LEVIN, Appropriations Resolution, 2010 (Public Law tion and Safety Act of 2006 to hire and equip Mr. SANDERS, Mr. KAUFMAN, Mr. BROWN, Ms. 111-68) is amended by striking ‘‘by sub- at least 500 new Deputy Marshals over the STABENOW, Mr. UDALL of Colorado, Mr. BEN- stituting’’ and all that follows through the next 3 to 5 years. NET, Ms. KLOBUCHAR, Mr. LAUTENBERG, Mr. period at the end, and inserting ‘‘by sub- AKAKA, Mr. ROCKEFELLER, Mr. BYRD, Mrs. stituting June 30, 2010 for the date specified SA 2660. Mr. ENSIGN submitted an MCCASKILL, Mr. WEBB, Ms. MIKULSKI, Mr. in each such section.’’. amendment intended to be proposed by

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.052 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10323 him to the bill H.R. 2847, making ap- On page 125, between lines 10 and 11, insert (2) The heading of section 403(a) of the Ille- propriations for the Departments of the following: gal Immigration Reform and Immigrant Re- Commerce and Justice, and Science, SEC. 111. The Secretary of Commerce shall sponsibility Act of 1996 is amended by strik- and Related Agencies for the fiscal submit to the Committee on Appropriations ing ‘‘BASIC PILOT’’ and inserting ‘‘E-VERIFY’’. and the Committee on Commerce, Science, (b) Section 404(h)(1) of the Illegal Immigra- year ending September 30, 2010, and for and Transportation of the Senate and the tion Reform and Immigration Responsibility other purposes; which was ordered to Committee on Appropriations and the Com- Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a lie on the table; as follows: mittee on Natural Resources of the House of note) is amended by striking ‘‘under a pilot On page 170, between lines 19 and 20, insert Representatives a report on the manner in program’’ and inserting ‘‘under this sub- the following: which implementation of all future catch title’’. SEC. 220. ADDITIONAL FUNDING FOR DRUG share programs in fisheries that include COURTS. commercial and recreational fishers will— SA 2666. Mrs. HUTCHISON (for her- (a) IN GENERAL.—For an additional amount (1) provide improvements in management self, Mr. CORNYN, Mr. KYL, and Mr. under the heading ‘‘STATE AND LOCAL LAW EN- and data collection for both categories of MCCAIN) submitted an amendment in- FORCEMENT ASSISTANCE’’ under the heading fishers; and tended to be proposed by her to the bill ‘‘OFFICE OF JUSTICE PROGRAMS’’ under this (2) resolve fishery allocation disputes be- H.R. 2847, making appropriations for tween those categories of fishers. title, there is appropriated, for the fiscal the Departments of Commerce and Jus- year ending September 30, 2010, $5,000,000 for Drug Courts, as authorized by section SA 2664. Mr. VITTER submitted an tice, and Science, and Related Agencies 1001(25)(A) of title I of the 1968 Act. amendment intended to be proposed by for the fiscal year ending September 30, (b) OFFSET.—All amounts appropriated him to the bill H.R. 2847, making ap- 2010, and for other purposes; which was under this Act, except for amounts appro- propriations for the Departments of ordered to lie on the table; as follows: priated for Drug Courts, as authorized by Commerce and Justice, and Science, On page 170, between lines 19 and 20, insert section 1001(25)(A) of title I of the 1968 Act and Related Agencies for the fiscal the following: under the heading ‘‘STATE AND LOCAL LAW EN- SEC. 220. INCREASE IN STATE CRIMINAL ALIEN FORCEMENT ASSISTANCE’’ under the heading year ending September 30, 2010, and for other purposes; which was ordered to ASSISTANCE PROGRAM FUNDING. ‘‘OFFICE OF JUSTICE PROGRAMS’’ under this (a) IN GENERAL.—For an additional amount title, shall be reduced on a pro rata basis by lie on the table; as follows: under the heading ‘‘STATE AND LOCAL LAW EN- the amount necessary to reduce the total On page 125, between lines 10 and 11, insert FORCEMENT ASSISTANCE’’ under the heading amount appropriated under this Act, except the following: ‘‘OFFICE OF JUSTICE PROGRAMS’’ under this for amounts appropriated for Drug Courts, as SEC. 111. None of the funds made available title, there is appropriated, for the fiscal authorized by section 1001(25)(A) of title I of in this Act may be used to issue offshore year ending September 30, 2010, $172,000,000 the 1968 Act under the heading ‘‘STATE AND aquaculture permits for the Gulf of Mexico for the State Criminal Alien Assistance Pro- LOCAL LAW ENFORCEMENT ASSISTANCE’’ under until after the date that the Secretary of gram, as authorized by section 241(i)(5) of the the heading ‘‘OFFICE OF JUSTICE PROGRAMS’’ Commerce submits to the Committee on Ap- Immigration and Nationality Act (8 U.S.C. under this title, by $5,000,000. propriations and the Committee on Com- 1231(i)(5)). merce, Science, and Transportation of the (b) OFFSET.—The total amount appro- SA 2661. Mr. COBURN submitted an Senate and the Committee on Appropria- priated under the heading ‘‘OPERATIONS, RE- amendment intended to be proposed by tions and the Committee on Natural Re- SEARCH, AND FACILITIES’’ under the heading him to the bill H.R. 2847, making ap- sources of the House of Representatives a re- ‘‘NATIONAL OCEANIC AND ATMOSPHERIC AD- propriations for the Departments of port on the manner in which offshore aqua- MINISTRATION’’ under title I is reduced by Commerce and Justice, and Science, culture in the Gulf of Mexico will be properly $172,000,000. and Related Agencies for the fiscal regulated to prevent adverse environmental impacts and the escape of pen-raised fin-fish SA 2667. Mr. COBURN submitted an year ending September 30, 2010, and for species. other purposes; which was ordered to amendment intended to be proposed by him to the bill H.R. 2847, making ap- lie on the table; as follows: Mr. SESSIONS submitted an SA 2665. propriations for the Departments of At the appropriate place, insert the fol- amendment intended to be proposed by Commerce and Justice, and Science, lowing: him to the bill H.R. 2847, making ap- and Related Agencies for the fiscal SEC. lll. (a) ADDITIONAL AMOUNT FOR OF- propriations for the Departments of year ending September 30, 2010, and for FICE OF INSPECTOR GENERAL.—The amount Commerce and Justice, and Science, appropriated by this title under the heading other purposes; which was ordered to and Related Agencies for the fiscal ‘‘OFFICE OF INSPECTOR GENERAL’’ is hereby in- lie on the table; as follows: creased by $3,499,000. year ending September 30, 2010, and for other purposes; which was ordered to At the appropriate place, insert the fol- (b) OFFSET.—The amount appropriated by lowing: this title under the heading ‘‘HERBERT C. HOO- lie on the table; as follows: SEC. lll. (a) ADDITIONAL AMOUNT FOR OF- VER BUILDING RENOVATION AND MODERNIZA- On page 203, between lines 23 and 24, insert FICE OF INSPECTOR GENERAL.—The amount TION’’ is hereby decreased by $5,000,000. the following: appropriated by title I under the heading SEC. 533. Section 401(b) of the Illegal Immi- ‘‘OFFICE OF INSPECTOR GENERAL’’ under the SA 2662. Mr. THUNE submitted an gration Reform and Immigrant Responsi- heading ‘‘DEPARTMENTAL MANAGEMENT’’ amendment intended to be proposed by bility Act of 1996 (division C of Public Law under the heading ‘‘DEPARTMENT OF COM- him to the bill H.R. 2847, making ap- 104–208; 8 U.S.C. 1324a note) is amended by MERCE’’ is increased by $4,499,000. propriations for the Departments of striking ‘‘Unless’’ and all that follows. (b) OFFSET.—The amount appropriated by Commerce and Justice, and Science, SEC. 534. The head of each agency or de- title I under the heading ‘‘HERBERT C. HOOVER and Related Agencies for the fiscal partment of the United States that enters BUILDING RENOVATION AND MODERNIZATION’’ into a contract shall require, as a condition year ending September 30, 2010, and for under the heading ‘‘DEPARTMENTAL MANAGE- of the contract, that the contractor partici- MENT’’ under the heading ‘‘DEPARTMENT other purposes; which was ordered to pate in the pilot program described in 404 of OF COMMERCE’’ is decreased by $5,000,000. lie on the table; as follows: the Illegal Immigration Reform and Immi- At the appropriate place, insert the fol- grant Responsibility Act of 1996 (division C SA 2668. Mr. REID (for himself, Mr. lowing: of Public Law 104–209; 8 U.S.C. 1324a note) to BAUCUS, Mr. REED, Mrs. SHAHEEN, Mr. SEC. lll. Not later than 180 days after verify the employment eligibility of— DODD, Mr. DURBIN, Mr. SCHUMER, Mr. the date of enactment of this Act, the Attor- (1) all individuals hired during the term of HARKIN, Mr. LEAHY, Mr. CASEY, Mr. ney General shall establish the Emergency the contract by the contractor to perform Plan for Indian Safety and Health as re- employment duties within the United States; CARDIN, Mr. LEVIN, Mr. SANDERS, Mr. quired by section 601 of Public Law 110-293. and KAUFMAN, Mr. BROWN, Ms. STABENOW, (2) all individuals assigned by the con- Mr. UDALL of Colorado, Mr. BENNETT, SA 2663. Mr. VITTER submitted an tractor to perform work within the United Ms. KLOBUCHAR, Mr. LAUTENBERG, Mr. amendment intended to be proposed by States the under such contract. AKAKA, Mr. ROCKEFELLER, Mr. BYRD, him to the bill H.R. 2847, making ap- SEC. 535. (a)(1) Sections 401(c)(1), 403(a), Mrs. MCCASKILL, Mr. WEBB, Ms. MIKUL- propriations for the Departments of 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal SKI, Mr. BURRIS, Mrs. GILLIBRAND, Mrs. Immigration Reform and Immigrant Respon- Commerce and Justice, and Science, BOXER, Mr. BEGICH, Mr. FRANKEN, Mrs. sibility Act of 1996 (division C of Public Law and Related Agencies for the fiscal 104–208; 8 U.S.C. 1324a note) are amended by MURRAY, Mr. KERRY, Mr. MENENDEZ, year ending September 30, 2010, and for striking ‘‘basic pilot program’’ each place Mr. BINGAMAN, and Mrs. FEINSTEIN) other purposes; which was ordered to that term appears and inserting ‘‘E-Verify submitted an amendment intended to lie on the table; as follows: Program’’. be proposed by him to the bill H.R.

VerDate Nov 24 2008 05:44 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.055 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10324 CONGRESSIONAL RECORD — SENATE October 8, 2009 3548, to amend the Supplemental Ap- ‘‘(I) were applied by substituting ‘6.0’ for (c) EFFECTIVE DATE.—The amendments propriations Act, 2008 to provide for ‘6.5’ in paragraph (1)(A)(i) thereof; and made by this section shall apply as if in- the temporary availability of certain ‘‘(II) did not include the requirement under cluded in the enactment of the Supplemental additional emergency unemployment paragraph (1)(A)(ii) thereof. Appropriations Act, 2008, except that no ‘‘(3) LIMITATION.—The account of an indi- amount shall be payable by virtue of such compensation, and for other purposes; vidual may be augmented not more than amendments with respect to any week of un- which was ordered to lie on the table; once under this subsection.’’. employment commencing before the date of as follows: (b) CONFORMING AMENDMENT TO NON-AUG- the enactment of this Act. Strike all after the enacting clause and in- MENTATION RULE.—Section 4007(b)(2) of the SEC. 5. COORDINATION. sert the following: Supplemental Appropriations Act, 2008 (Pub- Section 4002 of the Supplemental Appro- SECTION 1. SHORT TITLE. lic Law 110–252; 26 U.S.C. 3304 note) is amend- priations Act, 2008 (Public Law 110–252; 26 This Act may be cited as the ‘‘Emergency ed— U.S.C. 3304 note), as amended by section 4, is Unemployment Compensation Extension Act (1) by striking ‘‘then section 4002(c)’’ and amended by adding at the end the following of 2009’’. inserting ‘‘then subsections (c) and (d) of sec- new subsection: tion 4002’’; and SEC. 2. REVISIONS TO SECOND-TIER BENEFITS. ‘‘(f) COORDINATION RULE.—Notwithstanding (2) by striking ‘‘paragraph (2) of such sec- (a) IN GENERAL.—Section 4002(c) of the an election under section 4001(e) by a State tion)’’ and inserting ‘‘paragraph (2) of such Supplemental Appropriations Act, 2008 (Pub- to provide for the payment of emergency un- subsection (c) or (d) (as the case may be))’’. lic Law 110–252; 26 U.S.C. 3304 note) is amend- employment compensation prior to extended (c) EFFECTIVE DATE.—The amendments compensation, such State may pay extended ed— made by this section shall apply as if in- compensation to an otherwise eligible indi- (1) in paragraph (1)— cluded in the enactment of the Supplemental vidual prior to any emergency unemploy- (A) in the matter preceding subparagraph Appropriations Act, 2008, except that no ment compensation under subsection (c), (d), (A), by striking ‘‘If’’ and all that follows amount shall be payable by virtue of such or (e) (by reason of the amendments made by through ‘‘paragraph (2))’’ and inserting ‘‘At amendments with respect to any week of un- sections 2, 3, and 4 of the Emergency Unem- the time that the amount established in an employment commencing before the date of ployment Compensation Extension Act of individual’s account under subsection (b)(1) the enactment of this Act. is exhausted’’; 2009), if such individual claimed extended SEC. 4. FOURTH-TIER EMERGENCY UNEMPLOY- compensation for at least 1 week of unem- (B) in subparagraph (A), by striking ‘‘50 MENT COMPENSATION. ployment after the exhaustion of emergency percent’’ and inserting ‘‘54 percent’’; and (a) IN GENERAL.—Section 4002 of the Sup- (C) in subparagraph (B), by striking ‘‘13’’ plemental Appropriations Act, 2008 (Public unemployment compensation under sub- and inserting ‘‘14’’; Law 110–252; 26 U.S.C. 3304 note), as amended section (b) (as such subsection was in effect (2) by striking paragraph (2); and by section 3(a), is amended by adding at the on the day before the date of the enactment (3) by redesignating paragraph (3) as para- end the following new subsection: of this subsection).’’. graph (2). ‘‘(e) FOURTH-TIER EMERGENCY UNEMPLOY- SEC. 6. TRANSFER OF FUNDS. (b) EFFECTIVE DATE.—The amendments MENT COMPENSATION.— Section 4004(e)(1) of the Supplemental Ap- made by this section shall apply as if in- ‘‘(1) IN GENERAL.—If, at the time that the propriations Act, 2008 (Public Law 110–252; 26 cluded in the enactment of the Supplemental amount added to an individual’s account U.S.C. 3304 note) is amended by striking Appropriations Act, 2008, except that no under subsection (d)(1) (third-tier emergency ‘‘Act;’’ and inserting ‘‘Act and sections 2, 3, amount shall be payable by virtue of such unemployment compensation) is exhausted and 4 of the Emergency Unemployment Com- amendments with respect to any week of un- or at any time thereafter, such individual’s pensation Extension Act of 2009;’’. employment commencing before the date of State is in an extended benefit period (as de- SEC. 7. EXPANSION OF MODERNIZATION GRANTS the enactment of this Act. termined under paragraph (2)), such account FOR UNEMPLOYMENT RESULTING SEC. 3. THIRD-TIER EMERGENCY UNEMPLOY- shall be further augmented by an amount FROM COMPELLING FAMILY REA- MENT COMPENSATION. (hereinafter ‘fourth-tier emergency unem- SON. (a) IN GENERAL.—Section 4002 of the Sup- ployment compensation’) equal to the lesser (a) IN GENERAL.—Clause (i) of section plemental Appropriations Act, 2008 (Public of— 903(f)(3)(B) of the Social Security Act (42 Law 110–252; 26 U.S.C. 3304 note) is amended ‘‘(A) 24 percent of the total amount of reg- U.S.C. 1103(f)(3)(B)) is amended to read as fol- by adding at the end the following new sub- ular compensation (including dependents’ allows: section: lowances) payable to the individual during ‘‘(i) One or both of the following offenses as ‘‘(d) THIRD-TIER EMERGENCY UNEMPLOY- the individual’s benefit year under the State selected by the State, but in making such se- MENT COMPENSATION.— law; or lection, the resulting change in the State ‘‘(1) IN GENERAL.—If, at the time that the ‘‘(B) 6 times the individual’s average week- law shall not supercede any other provision amount added to an individual’s account ly benefit amount (as determined under sub- of law relating to unemployment insurance under subsection (c)(1) (hereinafter ‘second- section (b)(2)) for the benefit year. to the extent that such other provision pro- tier emergency unemployment compensa- ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- vides broader access to unemployment bene- tion’) is exhausted or at any time thereafter, poses of paragraph (1), a State shall be con- fits for victims of such selected offense or of- such individual’s State is in an extended ben- sidered to be in an extended benefit period, fenses: efit period (as determined under paragraph as of any given time, if— ‘‘(I) Domestic violence, verified by such (2)), such account shall be further augmented ‘‘(A) such a period would then be in effect reasonable and confidential documentation by an amount (hereinafter ‘third-tier emer- for such State under such Act if section as the State law may require, which causes gency unemployment compensation’) equal 203(d) of such Act— the individual reasonably to believe that to the lesser of— ‘‘(i) were applied by substituting ‘6’ for ‘5’ such individual’s continued employment ‘‘(A) 50 percent of the total amount of reg- each place it appears; and would jeopardize the safety of the individual ular compensation (including dependents’ al- ‘‘(ii) did not include the requirement under or of any member of the individual’s imme- lowances) payable to the individual during paragraph (1)(A) thereof; or diate family (as defined by the Secretary of the individual’s benefit year under the State ‘‘(B) such a period would then be in effect Labor); and law; or for such State under such Act if— ‘‘(II) Sexual assault, verified by such rea- ‘‘(B) 13 times the individual’s average ‘‘(i) section 203(f) of such Act were applied sonable and confidential documentation as weekly benefit amount (as determined under to such State (regardless of whether the the State law may require, which causes the subsection (b)(2)) for the benefit year. State by law had provided for such applica- individual reasonably to believe that such ‘‘(2) EXTENDED BENEFIT PERIOD.—For pur- tion); and individual’s continued employment would poses of paragraph (1), a State shall be con- ‘‘(ii) such section 203(f)— jeopardize the safety of the individual or of sidered to be in an extended benefit period, ‘‘(I) were applied by substituting ‘8.5’ for any member of the individual’s immediate as of any given time, if— ‘6.5’ in paragraph (1)(A)(i) thereof; and family (as defined by the Secretary of ‘‘(A) such a period would then be in effect ‘‘(II) did not include the requirement under Labor).’’. for such State under such Act if section paragraph (1)(A)(ii) thereof. (b) EFFECTIVE DATE.—The amendment 203(d) of such Act— ‘‘(3) LIMITATION.—The account of an indi- made by this section shall apply with respect ‘‘(i) were applied by substituting ‘4’ for ‘5’ vidual may be augmented not more than to State applications submitted on and after each place it appears; and once under this subsection.’’. January 1, 2010. ‘‘(ii) did not include the requirement under (b) CONFORMING AMENDMENT TO NON-AUG- SEC. 8. TREATMENT OF ADDITIONAL REGULAR paragraph (1)(A) thereof; or MENTATION RULE.—Section 4007(b)(2) of the COMPENSATION. ‘‘(B) such a period would then be in effect Supplemental Appropriations Act, 2008 (Pub- The monthly equivalent of any additional for such State under such Act if— lic Law 110–252; 26 U.S.C. 3304 note), as compensation paid by reason of section 2002 ‘‘(i) section 203(f) of such Act were applied amended by section 3(b), is amended— of the Assistance for Unemployed Workers to such State (regardless of whether the (1) by striking ‘‘and (d)’’ and inserting ‘‘, and Struggling Families Act, as contained in State by law had provided for such applica- (d), and (e) of section 4002’’; and Public Law 111–5 (26 U.S.C. 3304 note; 123 tion); and (2) by striking ‘‘or (d)’’ and inserting ‘‘, (d), Stat. 438) shall be disregarded after the date ‘‘(ii) such section 203(f)— or (e) (as the case may be))’’. of the enactment of this Act in considering

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.064 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10325 the amount of income and assets of an indi- SA 2670. Mr. DURBIN submitted an proposed by him to the bill H.R. 2847, vidual for purposes of determining such indi- amendment intended to be proposed by making appropriations for the Depart- vidual’s eligibility for, or amount of, bene- him to the bill H.R. 2847, making ap- ments of Commerce and Justice, and fits under the Supplemental Nutrition As- propriations for the Departments of sistance Program (SNAP). Science, and Related Agencies for the Commerce and Justice, and Science, SEC. 9. ADDITIONAL EXTENDED UNEMPLOYMENT fiscal year ending September 30, 2010, BENEFITS UNDER THE RAILROAD and Related Agencies for the fiscal and for other purposes; which was or- UNEMPLOYMENT INSURANCE ACT. year ending September 30, 2010, and for dered to lie on the table; as follows: (a) BENEFITS.—Section 2(c)(2)(D) of the other purposes; which was ordered to At the appropriate place, insert the fol- Railroad Unemployment Insurance Act, as lie on the table; as follows: lowing: added by section 2006 of the American Recov- On page 157, line 8, after ‘‘Act,’’ insert the ery and Reinvestment Act of 2009 (Public NOAA CHIEF SCIENTIST following: ‘‘of which, the Attorney General SEC. ———. Chapter 53 of title 5, United Law 111–5), is amended— may use up to $5,000,000 for community-based (1) in clause (iii)— States Code, is amended— violence prevention strategies that focus on (1) by striking ‘‘Chief Scientist, National (A) by striking ‘‘June 30, 2009’’ and insert- street-level outreach, conflict mediation, ing ‘‘June 30, 2010’’; and Oceanic and Atmospheric Administration’’ and the changing of community norms to rein section 5316; and (B) by striking ‘‘December 31, 2009’’ and in- duce violence, and’’. serting ‘‘December 31, 2010’’; and (2) by adding ‘‘Chief Scientist, National (2) by adding at the end of clause (iv) the SA 2671. Mr. THUNE submitted an Oceanic and Atmospheric Administration’’ at the end of section 5315. following: ‘‘In addition to the amount appro- amendment intended to be proposed by priated by the preceding sentence, out of any him to the bill H.R. 2847, making ap- funds in the Treasury not otherwise appro- SA 2675. Mr. ENSIGN submitted an priated, there are appropriated $175,000,000 to propriations for the Departments of amendment intended to be proposed by cover the cost of additional extended unem- Commerce and Justice, and Science, him to the bill H.R. 2847, making ap- ployment benefits provided under this sub- and Related Agencies for the fiscal propriations for the Departments of paragraph, to remain available until ex- year ending September 30, 2010, and for Commerce and Justice, and Science, pended.’’. other purposes; which was ordered to and Related Agencies for the fiscal (b) ADMINISTRATIVE EXPENSES.—Section lie on the table; as follows: year ending September 30, 2010, and for 2006 of division B of the American Recovery At the appropriate place, insert the fol- and Reinvestment Act of 2009 (Public Law other purposes; which was ordered to lowing: lie on the table; as follows: 111–5; 123 Stat. 445) is amended by adding at SEC. lll. Not later than December 31, the end of subsection (b) the following: ‘‘In 2009, the Attorney General shall establish On page 163, like 6, strike ‘‘$179,000,000’’ and addition to funds appropriated by the pre- the Emergency Plan for Indian Safety and insert ‘‘$174,000,000’’. ceding sentence, out of any funds in the Health as required by section 601 of Public On page 163, line 8, strike ‘‘$125,830,000’’ and Treasury not otherwise appropriated, there Law 110–293. insert ‘‘$120,830,000’’. are appropriated to the Railroad Retirement On page 170, between lines 19 and 20, insert Board $807,000 to cover the administrative SA 2672. Mr. BINGAMAN (for him- the following: expenses associated with the payment of ad- self, Mr. CORNYN, Mrs. LINCOLN, Mr. SEC. 220. ADDITIONAL FUNDING FOR DRUG ditional extended unemployment benefits UDALL of New Mexico, and Mr. CRAPO) COURTS. under section 2(c)(2)(D) of the Railroad Un- submitted an amendment intended to For an additional amount under the head- employment Insurance Act, to remain avail- be proposed by him to the bill H.R. ing ‘‘STATE AND LOCAL LAW ENFORCEMENT AS- able until expended.’’. SISTANCE’’ under the heading ‘‘OFFICE OF SEC. 10. 0.2 PERCENT FUTA SURTAX. 2847, making appropriations for the De- JUSTICE PROGRAMS’’ under this title, there is (a) IN GENERAL.—Section 3301 of the Inter- partments of Commerce and Justice, appropriated, for the fiscal year ending Sep- nal Revenue Code of 1986 (relating to rate of and Science, and Related Agencies for tember 30, 2010, $5,000,000 for Drug Courts, as tax) is amended— the fiscal year ending September 30, authorized by section 1001(25)(A) of title I of (1) by striking ‘‘through 2009’’ in paragraph 2010, and for other purposes; which was the 1968 Act. (1) and inserting ‘‘through 2010 and the first ordered to lie on the table; as follows: f 6 months of calendar year 2011’’, On page 108, line 14, before the period at (2) by striking ‘‘calendar year 2010’’ in AUTHORITY FOR COMMITTEES TO the end, insert ‘‘: Provided further, That the paragraph (2) and inserting ‘‘the remainder funds appropriated by this Act for trade ad- MEET of calendar year 2011’’, and justment assistance for communities shall COMMITTEE ON BANKING, HOUSING, AND URBAN (3) by inserting ‘‘(or portion of the cal- not be allocated among the regional offices AFFAIRS endar year)’’ after ‘‘during the calendar of the Economic Development Administra- year’’. Mr. CONRAD. Mr. President, I ask tion until such time as 50 percent of the (b) EFFECTIVE DATE.—The amendments unanimous consent that the Com- made by this section shall apply to wages total amount of the funds appropriated by mittee on Banking, Housing, and paid after December 31, 2009. the American Recovery and Reinvestment Act of 2009 (Public Law 111–5) for that pur- Urban Affairs be authorized to meet during the session of the Senate on Oc- SA 2669. Mr. GRAHAM (for himself, pose have been distributed to grantees: Pro- tober 8, 2009, at 9:30 a.m., to conduct a Mr. MCCAIN, and Mr. LIEBERMAN) provided further, That the Secretary of Com- posed an amendment to the bill H.R. merce shall reevaluate the spending plan for hearing entitled ‘‘Future of the Mort- trade adjustment assistance based on up-to- gage Market and the Housing Enter- 2847, making appropriations for the De- date economic data before allocating those partments of Commerce and Justice, prises.’’ funds among the regional offices’’. The PRESIDING OFFICER. Without and Science, and Related Agencies for objection, it is so ordered. the fiscal year ending September 30, SA 2673. Mr. BROWNBACK (for him- 2010, and for other purposes; as follows: self and Mr. SCHUMER) submitted an COMMITTEE ON ENERGY AND NATURAL RESOURCES At the appropriate place in title II, insert amendment intended to be proposed by the following: him to the bill H.R. 2847, making ap- Mr. CONRAD. Mr. President, I ask SEC. ll. (a) PROHIBITION ON USE OF FUNDS propriations for the Departments of unanimous consent that the Com- FOR PROSECUTION OF 9/11 TERRORISTS IN ARTI- Commerce and Justice, and Science, mittee on Energy and Natural Re- CLE III COURTS.—None of the funds appro- and Related Agencies for the fiscal sources be authorized to meet during priated or otherwise made available for the year ending September 30, 2010, and for the session of the Senate on October 8, Department of Justice by this Act may be other purposes; which was ordered to 2009 at 10 a.m., in room SD–366 of the obligated or expended to commence or con- Dirksen Senate Office Building. tinue the prosecution in an Article III court lie on the table; as follows: of the United States of an individual sus- On page 108, line 4, strike the period at the The PRESIDING OFFICER. Without pected of planning, authorizing, organizing, end and insert the following: ‘‘: Provided fur- objection, it is so ordered. committing, or aiding the attacks on the ther, That of the amount appropriated under COMMITTEE ON FOREIGN RELATIONS United States and its citizens that occurred this heading, not less than $1,000,000 shall be Mr. CONRAD. Mr. President, I ask on September 11, 2001. made available to the Bureau of Industry unanimous consent that the Com- (b) ARTICLE III COURT OF THE UNITED and Security Export Enforcement to curtail mittee on Foreign Relations be author- STATES DEFINED.—In this section, the term the illicit transshipment, reexportation, or ‘‘Article III court of the United States’’ diversion of U.S.-origin items to Iran.’’. ized to meet during the session of the means a court of the United States estab- Senate on October 8, 2009, at 2:30 p.m. lished under Article III of the Constitution SA 2674. Mr. ROCKEFELLER sub- The PRESIDING OFFICER. Without of the United States. mitted an amendment intended to be objection, it is so ordered.

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.064 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10326 CONGRESSIONAL RECORD — SENATE October 8, 2009 COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. The Sen- Whereas Nevada recognizes the language, Mr. CONRAD. Mr. President, I ask ator from Nevada. culture, and generosity of Nevada’s first unanimous consent that the Com- Mr. ENSIGN. Mr. President, I just dwellers, the Northern and Southern Pai- mittee on the Judiciary be authorized want to applaud the senior Senator utes, Shoshone, and Washoe peoples; Whereas Nevada celebrates Thocmentony, to meet during the session of the Sen- from Nevada, the leader of the Senate, or Sarah Winnemucca, the first Native ate on October 8, 2009, at 10 a.m. in SD– for this resolution recognizing the American woman to author a publication in 226 of the Dirksen Senate Office Build- 145th anniversary of Nevada’s state- English, whose statue graces Emancipation ing, to conduct an executive business hood. Hall in the Capitol Visitor Center; meeting. Mr. REID. Mr. President, as it ap- Whereas the snow-capped mountains of Ne- The PRESIDING OFFICER. Without proaches Halloween, which is the real vada (pronounced Neva˘ da) were the inspira- objection, it is so ordered. day, I will have more to say on this tion for the Spanish origin of its name; Whereas Nevada offers beautiful outdoor COMMITTEE ON VETERANS AFFAIRS resolution. Mr. President, I ask unanimous con- settings ranging from vibrant desert land- Mr. CONRAD. Mr. President, I ask scapes to grand ski slopes, and from pictur- unanimous consent that the Com- sent that the resolution be agreed to, esque hiking trails to flowing river currents; mittee on Veterans’ Affairs be author- the preamble be agreed to, the motions Whereas Lake Tahoe is one of the deepest ized to meet during the session of the to reconsider be laid upon the table; and clearest alpine lakes in the world, and Senate on October 8, 2009, at 9:30 a.m. that there be no intervening action or Lake Mead is the largest engineered res- to conduct a hearing on VA/DOD Re- debate, and any statements relating to ervoir in the United States; sponse to Certain Military Exposures. this matter be printed in the RECORD. Whereas Nevada is home to Great Basin The Committee will meet in room 562 The PRESIDING OFFICER. Without National Park, 17 State parks, 2 national forests, and 3,400,000 acres of wilderness, includ- of the Dirksen Senate Office Building. objection, it is so ordered. The resolution (S. Res. 309) was ing Sloan Canyon, Red Rock Canyon, and The PRESIDING OFFICER. Without Black Rock Desert; objection, it is so ordered. agreed to. Whereas Nevada exemplifies the independ- SELECT COMMITTEE ON INTELLIGENCE The preamble was agreed to. ence, opportunity, and pioneering spirit of Mr. CONRAD. Mr. President, I ask The resolution, with its preamble, the West; and unanimous consent that the Select reads as follows: Whereas Nevada’s delegation to the 111th Committee on Intelligence be author- S. RES. 309 Congress—Senator Harry Reid, Senator John Ensign, Representative Shelley Berkley, ized to meet during the session of the Whereas October 31, 2009, marks the 145th anniversary of President Abraham Lincoln’s Representative Dean Heller, and Representa- Senate on October 8, 2009, at 2:30 p.m. tive Dina Titus—invite all to join in the The PRESIDING OFFICER. Without proclamation admitting Nevada into the Union as the 36th State; celebration of Nevada statehood: Now, there- objection, it is so ordered. Whereas Nevadans celebrate the anniver- fore, be it SUBCOMMITTEE ON IMMIGRATION, REFUGEES, sary of ‘‘Battle Born’’ statehood every year Resolved, That the Senate recognizes and AND BORDER SECURITY as Nevada Day; celebrates the 145th anniversary of the entry Mr. CONRAD. Mr. President, I ask Whereas Nevada’s State motto is ‘‘All for of Nevada into the Union as the 36th State. unanimous consent that the Com- Our Country’’, reflecting the patriotism and f mittee on the Judiciary, Sub- sense of duty demonstrated by countless Ne- EXECUTIVE SESSION committee on Immigration, Refugees, vadans since the State’s entrance into the and Border Security, be authorized to Union; Whereas Nevada’s brave veterans and serv- meet during the session of the Senate ice members have made critical contribu- NOMINATIONS DISCHARGED on October 8, 2009, at 3 p.m. in room tions to our Nation’s security in times of war SD–226 of the Dirksen Senate Office and of peace; Mr. BEGICH. Mr. President, I ask Building, to conduct a hearing entitled Whereas the Henderson magnesium mines unanimous consent that the Senate ‘‘Comprehensive Immigration Reform: and the Nevada Test Site played key roles in proceed to executive session and that Faith-Based Perspectives.’’ the United States’ victories during World the Agriculture Committee be dis- The PRESIDING OFFICER. Without War II and the Cold War, respectively; charged en bloc of the following: PN486, objection, it is so ordered. Whereas Nevada is honored to host our Na- PN620, PN831, PN789, PN817, PN818, tion’s Armed Forces at Nellis Air Force SUBCOMMITTEE ON PUBLIC LANDS AND FORESTS PN925, PN926, PN1021, PN1022; and that Base, Creech Air Force Base, Naval Air Sta- the Senate then proceed en bloc to Mr. CONRAD. Mr. President, I ask tion Fallon, and the Hawthorne Army Depot, unanimous consent that the Sub- as well as National Guard Armories and Re- their consideration; that the nomina- committee on Public Lands and For- serve Readiness Centers throughout the tions be confirmed and the motions to ests be authorized to meet during the State; reconsider be laid upon the table en session of the Senate to conduct a Whereas Nevada is a premier destination bloc; that no further motions be in hearing on October 8, 2009, at 2:30 p.m., for tourists, business travelers, family vaca- order and any statements relating to tioners, and outdoor enthusiasts throughout the nominations be printed in the in room SD–366 of the Dirksen Senate the United States and around the globe; Office Building. Record; that the President be imme- Whereas Nevada’s unique features attract diately notified of the Senate’s action. The PRESIDING OFFICER. Without vacationers and locals alike, including the objection, it is so ordered. pastoral Washoe Valley, the crags of the The PRESIDING OFFICER. Without f Ruby Mountains, the ‘‘Biggest Little City in objection, it is so ordered. the World’’, the Las Vegas Strip, the Hoover The nominations considered and con- ANNIVERSARY OF NEVADA’S Dam, Lovers Lock Plaza, and the annual Na- firmed are as follows: STATEHOOD tional Cowboy Poetry Gathering; COMMODITY FUTURES TRADING COMMISSION Whereas mining became an important in- Mr. REID. Mr. President, I ask unan- Bartholomew Chilton, of Maryland, to be a dustry to the Silver State with the 1859 dis- imous consent that the Senate proceed Commissioner of the Commodity Futures covery of the Comstock Lode, the most valu- to the immediate consideration of S. Trading Commission for a term expiring able deposit of silver in the Nation; April 13, 2013. Res. 309, submitted earlier today. Whereas Nevada produces more gold than The PRESIDING OFFICER. The all other States combined and is one of the DEPARTMENT OF AGRICULTURE clerk will report the resolution by largest sources of gold in the world; Edward M. Avalos, of New Mexico, to be title. Whereas the entrepreneurial spirit of Ne- Under Secretary of Agriculture for Mar- The legislative clerk read as follows: vadans is reflected in a versatile economy, keting and Regulatory Programs. A resolution (S. Res. 309) recognizing and from the world’s largest gaming establish- COMMODITY CREDIT CORPORATION ments to small businesses that make up the celebrating the 145th anniversary of the Edward M. Avalos, of New Mexico, to be a vast majority of Nevada’s employers; entry of Nevada into the Union as the 36th Member of the Board of Directors of the Whereas Nevada has a rich cultural herit- State. Commodity Credit Corporation. age that draws from diverse populations, There being no objection, the Senate from multi-generational ranching families to COMMODITY FUTURES TRADING COMMISSION proceeded to consider the resolution. new residents, from Hispanic Americans to Jill Sommers, of Kansas, to be a Commis- Mr. REID. Mr. President, does my Asian Americans and Pacific Islanders, and sioner of the Commodity Futures Trading distinguished colleague from Nevada from Basque communities to Mormon pio- Commission for a term expiring April 13, wish to speak on this matter? neers; 2014.

VerDate Nov 24 2008 05:09 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.061 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE October 8, 2009 CONGRESSIONAL RECORD — SENATE S10327 FARM CREDIT ADMINISTRATION Mr. BEGICH. I ask unanimous con- MEASURES READ THE FIRST Kenneth Albert Spearman, of Florida, to sent the resolution be agreed to, the TIME—H.R. 3548, H.R. 3590, S. 1772 be a Member of the Farm Credit Administra- preamble be agreed to, the motions to Mr. BEGICH. Mr. President, I under- tion Board, Farm Credit Administration for reconsider be laid upon the table, with stand there are three bills at the desk. the remainder of the term expiring May 21, no intervening action or debate, and I ask for their first reading en bloc. 2010. any statements related to the resolu- Kenneth Albert Spearman, of Florida, to The PRESIDING OFFICER. The be a Member of the Farm Credit Administra- tion be printed in the RECORD. clerk will report the bills by title. tion Board, Farm Credit Administration for The PRESIDING OFFICER. Without The assistant legislative clerk read a term expiring May 21, 2016. objection, it is so ordered. as follows: COMMODITY FUTURES TRADING COMMISSION The resolution (S. Res. 310) was A bill (H.R. 3548) to amend the Supple- mental Appropriations Act, 2008, to provide Scott D. O’Malia, of Michigan, to be a agreed to. for the temporary availability of certain ad- Commissioner of the Commodity Futures The preamble was agreed to. ditional emergency unemployment com- Trading Commission for the remainder of the The resolution, with its preamble, pensation, and for other purposes. term expiring April 13, 2010. reads as follows: A bill (H.R. 3590) to amend the Internal Scott D. O’Malia, of Michigan, to be a S. RES. 310 Revenue Code of 1986 to modify the first-time Commissioner of the Commodity Futures Whereas people in the 21st century are homebuyers credit in the case of members of Trading Commission for a term expiring writing more than ever before for personal, the Armed Forces and certain other Federal April 13, 2015. professional, and civic purposes; employees, and for other purposes. DEPARTMENT OF AGRICULTURE Whereas the social nature of writing in- A bill (S. 1772) to require that all legisla- Harris D. Sherman, of Colorado, to be vites people of every age, profession, and tive matters be available and fully scored by Under Secretary of Agriculture for Natural walk of life to create meaning through com- CBO 72 hours before consideration by any Resources and Environment. posing; subcommittee or committee of the Senate or on the floor of the Senate. COMMODITY CREDIT CORPORATION Whereas more and more people in every occupation deem writing as essential and influ- Mr. BEGICH. I now ask for the sec- Harris D. Sherman, of Colorado, to be a ential in their work; Member of the Board of Directors of the ond reading en bloc and object to my Whereas writers continue to learn how to Commodity Credit Corporation. requests en bloc. write for different purposes, audiences, and The PRESIDING OFFICER. Objec- f occasions throughout their lifetimes; tion is heard. The bills will be read on EXECUTIVE CALENDAR Whereas developing digital technologies the next legislative day. expand the possibilities for composing in Mr. BEGICH. Mr. President, I ask multiple media at a faster pace than ever be- f unanimous consent that the Senate fore; APPOINTMENTS proceed to Calendar No. 484, the nomi- Whereas young people are leading the way in developing new forms of composing by The PRESIDING OFFICER. The nation of LTG David M. Rodriguez, re- Chair, on behalf of the President pro ported today by the Armed Services using different forms of digital media; Whereas effective communication contrib- tempore, pursuant to 22 U.S.C. 276n, as Committee; that the nomination be utes to building a global economy and a amended, appoints the following Sen- confirmed and the motion to reconsider global community; ator as Chairman of the U.S.-China be considered made and laid upon the Whereas the National Council of Teachers Interparliamentary Group conference table; that no further motions be in of English, in conjunction with its many na- during the 111th Congress: the Honor- tional and local partners, honors and cele- order, and any statements relating to able PATTY MURRAY of Washington. the nomination be printed in the brates the importance of writing through the The Chair, pursuant to Executive National Day on Writing; RECORD; the President be immediately Order 12131, renewed by Executive notified of the Senate’s action, and the Whereas the National Day on Writing celebrates the foundational place of writing in Order 13446, reappoints and appoints Senate then resume legislative session. the personal, professional, and civic lives of the following Members to the Presi- The PRESIDING OFFICER. Without Americans; dent’s Export Council: objection, it is so ordered. Whereas the National Day on Writing pro- Reappointment: the Senator from The nomination considered and con- vides an opportunity for individuals across Texas (Mr. CORNYN) firmed is as follows: the United States to share and exhibit their Appointment: the Senator from IN THE ARMY written works through the National Gallery Idaho (Mr. CRAPO) vice the Senator of Writing; from Wyoming (Mr. ENZI). The following named officer for appoint- Whereas the National Day on Writing high- ment in the United States Army to the grade lights the importance of writing instruction f indicated while assigned to a position of im- and practice at every educational level and EXTENSION FOR TRIBUTES TO portance and responsibility under title 10, in every subject area; U.S.C., section 601: SENATORS KENNEDY AND MAR- Whereas the National Day on Writing em- TINEZ To be lieutenant general phasizes the lifelong process of learning to Lt. Gen. David M. Rodriguez write and compose for different audiences, Mr. BEGICH. I ask unanimous con- purposes, and occasions; sent that the deadline for tributes to f Whereas the National Day on Writing hon- Senators Kennedy and Martinez to be LEGISLATIVE SESSION ors the use of the full range of media for submitted to the CONGRESSIONAL The PRESIDING OFFICER. Under composing, from traditional tools like print, RECORD be extended until Wednesday, audio, and video, to Web 2.0 tools like blogs, the previous order, the Senate will re- October 14, 2009. wikis, and podcasts; and The PRESIDING OFFICER. Without turn to legislative session. Whereas the National Day on Writing en- objection, it is so ordered. f courages all Americans to write, as well as to enjoy and learn from the writing of oth- Mr. BEGICH. I suggest the absence of NATIONAL DAY ON WRITING ers: Now, therefore, be it a quorum. Mr. BEGICH. Mr. President, I ask Resolved, That the Senate— The PRESIDING OFFICER. The unanimous consent the Senate proceed (1) supports the designation of October 20, clerk will call the roll. The assistant legislative clerk pro- to the immediate consideration of S. 2009, as the National Day on Writing; (2) strongly affirms the purposes of the Na- ceeded to call the roll. Res. 310, submitted earlier today. tional Day on Writing and encourages par- Mr. REID. I ask unanimous consent The PRESIDING OFFICER. The ticipation in the National Gallery of Writ- that the order for the quorum call be clerk will report the resolution by ing, which serves as an exemplary living ar- rescinded. title. chive of the centrality of writing in the lives The PRESIDING OFFICER. Without The assistant legislative clerk read of Americans; and objection, it is so ordered. as follows: (3) encourages educational institutions, businesses, community and civic associa- f A resolution (S. Res. 310) expressing sup- tions, and other organizations to promote port for the designation of October 20, 2009, CONCLUSION OF MORNING awareness of the National Day on Writing as the National Day on Writing. BUSINESS and celebrate the writing of their members There being no objection, the Senate through individual submissions to the Na- The PRESIDING OFFICER. Morning proceeded to consider the resolution. tional Gallery of Writing. business is closed.

VerDate Nov 24 2008 03:45 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A08OC6.041 S08OCPT1 smartinez on DSKB9S0YB1PROD with SENATE S10328 CONGRESSIONAL RECORD — SENATE October 8, 2009 COMMERCE, JUSTICE, SCIENCE, ENERGY AND WATER DEVELOP- ORDERS FOR FRIDAY, OCTOBER 9, AND RELATED AGENCIES APPRO- MENT AND RELATED AGENCIES 2009, AND TUESDAY, OCTOBER 13, PRIATIONS ACT, 2010—Continued APPROPRIATIONS ACT, 2010—CON- 2009 FERENCE REPORT CLOTURE MOTION Mr. REID. Mr. President, I ask unanimous consent that when the Senate Mr. REID. Mr. President, I have a Mr. REID. I ask unanimous consent completes its business today, it ad- cloture motion at the desk on the com- that the Senate proceed to the consid- journ until 10 a.m. tomorrow, Friday, mittee-reported substitute amendment eration of the conference report to ac- October 9, for a pro forma session only, to H.R. 2847. company H.R. 3183. The PRESIDING OFFICER. Without with no business conducted; that fol- The PRESIDING OFFICER. The objection, it is so ordered. lowing the pro forma session, the Sen- clerk will report the bill by title. The report will be stated. ate adjourn until 2 p.m. on Tuesday, The assistant legislative clerk read The legislative clerk read as follows: October 13; that following the prayer as follows: and pledge on that day, the Journal of The committee of conference on the dis- proceedings be approved to date, the A bill (H.R. 2847) making appropriations agreeing votes of the two Houses on the for the Departments of Commerce and Jus- amendment of the Senate to the bill (H.R. morning hour be deemed expired, the tice, and Science, and Related Agencies for 3183), making appropriations for energy and time for the two leaders be reserved for the fiscal year ending September 30, 2010, and water development and related agencies for their use later in the day, and the Sen- for other purposes. the fiscal year ending September 30, 2010, and ate proceed to a period of morning The PRESIDING OFFICER. The clo- for other purposes, having met, have agreed business until 3 p.m., with Senators to recommend and do recommend to their re- permitted to speak for up to 10 minutes ture motion having been presented spective Houses that the House recede from under rule XXII, the Chair directs the each; that following morning business, its disagreement to the amendment of the the Senate resume consideration of clerk to read the motion. Senate and agree to the same with an H.R. 2847, the Commerce-Justice- The legislative clerk read as follows: amendment and the Senate agree to the same, signed by a majority of the conferees Science appropriations bill. Finally, I CLOTURE MOTION on the part of both Houses. ask that the filing deadline for first-de- We, the undersigned Senators, in accord- (The conference report is printed in gree amendments be at 3 p.m. on Tues- ance with the provisions of rule XXII of the day. the House proceedings of the RECORD of Standing Rules of the Senate, hereby move September 30, 2009.) The PRESIDING OFFICER. Without to bring to a close debate on the committee- objection, it is so ordered. reported substitute amendment to H.R. 2847, CLOTURE MOTION f the Departments of Commerce, Justice and Mr. REID. I have a cloture motion on Science and Related Agencies Appropria- the conference report at the desk. I ask PROGRAM tions Act of Fiscal Year 2010. that it be stated. Harry Reid, Barbara A. Mikulski, Bar- Mr. REID. Mr. President, the cloture bara Boxer, Robert Menendez, Charles The PRESIDING OFFICER. The clo- vote on the substitute amendment to E. Schumer, Patty Murray, Tom Har- ture motion having been presented CJS will occur at 5:30 p.m. on Tuesday. kin, Patrick J. Leahy, Roland W. under rule XXII, the Chair directs the That will be the first vote of the day. Burris, Mark Begich, Ben Nelson, Dan- clerk to read the motion. We are still hopeful and confident Sen- iel K. Inouye, Debbie Stabenow, Ber- The assistant legislative clerk read ators SHELBY and MIKULSKI can work nard Sanders, Dianne Feinstein, John as follows: F. Kerry, Edward E. Kaufman. out a finite list of amendments to be CLOTURE MOTION voted on, and we will start voting on CLOTURE MOTION We, the undersigned Senators, in accord- those Tuesday. I hope we can do that. Mr. REID. Mr. President, I have a ance with the provisions of rule XXII of the If not, we will have to go forward. We cloture motion on the bill. I ask that it Standing Rules of the Senate, hereby move worked all afternoon trying to come up be stated. to bring to a close debate on the conference with something, but the amendments The PRESIDING OFFICER. The clo- report to accompany H.R. 3183, the Energy kept coming. There was a time we had ture motion having been presented and Water Appropriations Act for Fiscal to draw the line. The number of amend- Year 2010. under rule XXII, the Chair directs the ments we received had nothing to do Harry Reid, Charles E. Schumer, Patrick with this legislation, so it was deter- clerk to read the motion. J. Leahy, Dianne Feinstein, Evan mined to be the time to file cloture. The legislative clerk read as follows: Bayh, Mark L. Pryor, Jon Tester, Rob- ert Menendez, Frank R. Lautenberg, f CLOTURE MOTION Kent Conrad, Patty Murray, John F. We, the undersigned Senators, in accord- Kerry, Daniel K. Inouye, Sheldon ADJOURNMENT UNTIL 10 A.M. ance with the provisions of rule XXII of the Whitehouse, Carl Levin, Jack Reed, TOMORROW Standing Rules of the Senate, hereby move John D. Rockefeller IV, Bill Nelson. Mr. REID. If there is no further busi- to bring to a close debate on H.R. 2847, the Mr. REID. I ask unanimous consent ness to come before the Senate, I ask Departments of Commerce, Justice and that the cloture vote on the conference unanimous consent that it adjourn Science and Related Agencies Appropria- tions Act of Fiscal Year 2010. report occur upon disposition of H.R. under the previous order. Harry Reid, Barbara A. Mikulski, Bar- 2847, provided that if cloture is not in- There being no objection, the Senate, bara Boxer, Robert Menendez, Charles voked on the substitute amendment to at 9:18 p.m., adjourned until Friday, E. Schumer, Patty Murray, Tom Har- H.R. 2847, then a motion to reconsider October 9, 2009, at 10 a.m. kin, Patrick J. Leahy, Roland W. the vote by which cloture was not in- f Burris, Mark Begich, Ben Nelson, Dan- voked on the substitute be considered iel K. Inouye, Debbie Stabenow, Ber- entered; that the cloture vote on the NOMINATIONS nard Sanders, Dianne Feinstein, John bill be delayed to occur upon reconsid- F. Kerry, Edward E. Kaufman. Executive nominations received by eration, and that upon reconsideration the Senate: Mr. REID. I ask unanimous consent and cloture is not invoked on the sub- TENNESSEE VALLEY AUTHORITY that the cloture vote on the substitute stitute, then the cloture motion on the NEIL G. MCBRIDE, OF TENNESSEE, TO BE A MEMBER OF amendment occur at 5:30 p.m., Tues- bill be withdrawn; further, that if clo- THE BOARD OF DIRECTORS OF THE TENNESSEE VALLEY day, October 13, that the hour prior to AUTHORITY FOR A TERM EXPIRING MAY 18, 2013, VICE ture has not been invoked as specified SKILA HARRIS, RESIGNED. the vote be for debate with respect to above, then the vote on the motion to the cloture motion, the hour be equally invoke cloture on the conference report DEPARTMENT OF STATE divided and controlled between Sen- to accompany H.R. 3183 occur 1 hour DAVID HUEBNER, OF CALIFORNIA, TO BE AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF THE ators MIKULSKI and SHELBY or their after the Senate convenes on Wednes- UNITED STATES OF AMERICA TO NEW ZEALAND, AND TO designees, and that the mandatory day, October 14, and that the manda- SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- PENSATION AS AMBASSADOR EXTRAORDINARY AND quorums be waived. tory quorum be waived. PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without TO SAMOA. DAVID DANIEL NELSON, OF MINNESOTA, A CAREER objection, it is so ordered. objection, it is so ordered. MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF

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MINISTER—COUNSELOR, TO BE AMBASSADOR EXTRAOR- EDWARD M. AVALOS, OF NEW MEXICO, TO BE UNDER THE ABOVE NOMINATION WAS APPROVED SUBJECT TO DINARY AND PLENIPOTENTIARY OF THE UNITED STATES SECRETARY OF AGRICULTURE FOR MARKETING AND THE NOMINEE’S COMMITMENT TO RESPOND TO RE- OF AMERICA TO THE ORIENTAL REPUBLIC OF URUGUAY. REGULATORY PROGRAMS. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY JILL SOMMERS, OF KANSAS, TO BE A COMMISSIONER CONSTITUTED COMMITTEE OF THE SENATE. IN THE ARMY OF THE COMMODITY FUTURES TRADING COMMISSION FOR A TERM EXPIRING APRIL 13, 2014. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT COMMODITY FUTURES TRADING COMMISSION KENNETH ALBERT SPEARMAN, OF FLORIDA, TO BE A IN THE UNITED STATES ARMY TO THE GRADE INDICATED MEMBER OF THE FARM CREDIT ADMINISTRATION BARTHOLOMEW CHILTON, OF MARYLAND, TO BE A COM- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BOARD, FARM CREDIT ADMINISTRATION FOR THE RE- MISSIONER OF THE COMMODITY FUTURES TRADING COM- RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: MAINDER OF THE TERM EXPIRING MAY 21, 2010. MISSION FOR A TERM EXPIRING APRIL 13, 2013. To be lieutenant general KENNETH ALBERT SPEARMAN, OF FLORIDA, TO BE A JILL SOMMERS, OF KANSAS, TO BE A COMMISSIONER MEMBER OF THE FARM CREDIT ADMINISTRATION OF THE COMMODITY FUTURES TRADING COMMISSION LT. GEN. WILLIAM B. CALDWELL IV BOARD, FARM CREDIT ADMINISTRATION FOR A TERM FOR A TERM EXPIRING APRIL 13, 2014. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT EXPIRING MAY 21, 2016. SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- IN THE UNITED STATES ARMY TO THE GRADE INDICATED EDWARD M. AVALOS, OF NEW MEXICO, TO BE A MEM- SIONER OF THE COMMODITY FUTURES TRADING COMMIS- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND BER OF THE BOARD OF DIRECTORS OF THE COMMODITY SION FOR THE REMAINDER OF THE TERM EXPIRING RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: CREDIT CORPORATION. APRIL 13, 2010 VICE WALTER LUKKEN, RESIGNED. To be lieutenant general SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- SIONER OF THE COMMODITY FUTURES TRADING COMMIS- SIONER OF THE COMMODITY FUTURES TRADING COMMIS- LT. GEN. DAVID M. RODRIGUEZ SION FOR THE REMAINDER OF THE TERM EXPIRING SION FOR A TERM EXPIRING APRIL 13, 2015. APRIL 13, 2010 VICE WALTER LUKKEN, RESIGNED. IN THE NAVY SCOTT D. O’MALIA, OF MICHIGAN, TO BE A COMMIS- SIONER OF THE COMMODITY FUTURES TRADING COMMIS- DEPARTMENT OF AGRICULTURE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SION FOR A TERM EXPIRING APRIL 13, 2015. IN THE UNITED STATES NAVY TO THE GRADE INDICATED EDWARD M. AVALOS, OF NEW MEXICO, TO BE UNDER HARRIS D. SHERMAN, OF COLORADO, TO BE UNDER SEC- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SECRETARY OF AGRICULTURE FOR MARKETING AND RETARY OF AGRICULTURE FOR NATURAL RESOURCES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: REGULATORY PROGRAMS. AND ENVIRONMENT. EDWARD M. AVALOS, OF NEW MEXICO, TO BE A MEM- HARRIS D. SHERMAN, OF COLORADO, TO BE A MEMBER To be vice admiral BER OF THE BOARD OF DIRECTORS OF THE COMMODITY OF THE BOARD OF DIRECTORS OF THE COMMODITY CREDIT CORPORATION. VICE ADM. ROBERT S. HARWARD, JR. CREDIT CORPORATION. HARRIS D. SHERMAN, OF COLORADO, TO BE UNDER SEC- f f RETARY OF AGRICULTURE FOR NATURAL RESOURCES AND ENVIRONMENT. DISCHARGED NOMINATIONS CONFIRMATIONS HARRIS D. SHERMAN, OF COLORADO, TO BE A MEMBER OF THE BOARD OF DIRECTORS OF THE COMMODITY The Senate Committee on Agri- Executive nominations confirmed by CREDIT CORPORATION. culture, Nutrition, and Forestry was the Senate, Thursday, October 8, 2009: FARM CREDIT ADMINISTRATION discharged from further consideration IN THE ARMY of the following nominations by unani- KENNETH ALBERT SPEARMAN, OF FLORIDA, TO BE A THE FOLLOWING NAMED OFFICER FOR APPOINTMENT MEMBER OF THE FARM CREDIT ADMINISTRATION mous consent and the nominations IN THE UNITED STATES ARMY TO THE GRADE INDICATED BOARD, FARM CREDIT ADMINISTRATION FOR THE RE- were confirmed: WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND MAINDER OF THE TERM EXPIRING MAY 21, 2010. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: KENNETH ALBERT SPEARMAN, OF FLORIDA, TO BE A BARTHOLOMEW CHILTON, OF MARYLAND, TO BE A COM- To be lieutenant general MEMBER OF THE FARM CREDIT ADMINISTRATION MISSIONER OF THE COMMODITY FUTURES TRADING COM- BOARD, FARM CREDIT ADMINISTRATION FOR A TERM MISSION FOR A TERM EXPIRING APRIL 13, 2013. LT. GEN. DAVID M. RODRIGUEZ EXPIRING MAY 21, 2016.

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TRIBUTE TO THE CONGREGATION I received $897,000 for the Coastal Data In- It is estimated that approximately $8.1 billion GEMILUTH CHASSODIM formation Program/Southern California Beach is spent in the United States each year on Processes Study within the Army Corps of En- treatment of breast cancer. However, while the HON. RODNEY ALEXANDER gineers. Through this program, high-resolution rate of breast cancer diagnosis has increased, OF LOUISIANA wave data and forecasts are disseminated in the overall breast cancer mortality rate has real time via the internet to the National dropped steadily—decreasing by 1.8% per IN THE HOUSE OF REPRESENTATIVES Weather Service and to tens of thousands of year from 1999 to 2005 among women ac- Wednesday, October, 7 2009 diverse users each day. Sea state and surf cording to the Centers for Disease Control and Mr. ALEXANDER. Madam Speaker, I rise warnings are issued based on this information Prevention. today to pay tribute to the Congregation for the protection of life and property. In addi- This decrease in mortality rates can be at- Gemiluth Chassodim of Alexandria, La., origi- tion, beach elevations are monitored and ana- tributed to a combination of early detection, nally known as the Hebrew Benevolent Soci- lyzed, and this information is provided to expanding screening, and improvements in ety of Rapides. Chartered on Oct. 2, 1859, the coastal communities online where local gov- treatments as well as a willingness to openly congregation recently celebrated its 150th an- ernments and engineers use it for making discuss breast cancer. Breast Cancer Aware- niversary of distinguished service to the Jew- educated policy decisions for protecting and ness month is an opportunity to help the more ish community, as well as to providing faithful enhancing local beaches. This request is con- than 211,000 American women who learn they dedication to the Alexandria area. sistent with the intended and authorized pur- have this disease each year. These newly di- The congregation first held religious serv- pose of the Army Corps of Engineers, which agnosed women, survivors, their families, and ices in various private homes with lay leader- has the federal responsibility for shoreline pro- all those affected will benefit from the re- ship. The initial Jewish sanctuary was built in tection and uses this data for coastal dredging search, education, and awareness, which in- 1870, and the first rabbi, Marx Klein, came in and construction projects. This program is crit- crease early diagnoses and save lives that 1873. On Oct. 14, 1873, the young congrega- ical to marine safety and operations for the Breast Cancer Awareness month highlights. tion became one of the original charter mem- coastal United States and there are no com- f bers of the Union of American Hebrew Con- petitive funding sources available. HONORING REVEREND ROBERT E. gregations, presently known as the Union for f Reform Judaism, which today represents 900 HENSON PERSONAL EXPLANATION affiliate congregations in the United States and abroad. The present sanctuary was con- HON. DALE E. KILDEE structed in 1952. HON. J. GRESHAM BARRETT OF MICHIGAN OF SOUTH CAROLINA The congregation has been served by 23 IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES rabbis and 33 board presidents. It grew to a Wednesday, October 7, 2009 peak of nearly 300 families during the mid- Wednesday, October 7, 2009 Mr. KILDEE. Madam Speaker, Reverend twentieth century. Mr. BARRETT of South Carolina. Madam Many members of the Temple have held Robert E. Henson is celebrating 30 years as Speaker, unfortunately, I missed recorded pastor of the South Flint Tabernacle on Octo- various leadership roles in civic and charitable votes on the House floor on Thursday, Octo- organizations throughout Central Louisiana. In ber 10th at a dinner to be held at the church. ber 1, 2009. I ask the House of Representatives to join me addition, they have made significant contribu- Had I been present, I would have voted in congratulating Reverend Henson on this tions in the fields of medicine, law, govern- ‘‘Aye’’ on rollcall vote No. 746, on Motion to momentous occasion. ment, social services, education and the cul- Instruct Conferees to H.R. 2892; ‘‘Aye’’ on roll- Prior to his ministry at South Flint Taber- tural life of the region. call vote No. 747, on motion to suspend the nacle, Reverend Henson served pastorates in The Temple, the Rabbi and individual mem- rules and agree to H. Res. 517; ‘‘Aye’’ on roll- Texas and Indiana. He has over 40 years bers continue to play an integral part in call vote No. 748, on motion to suspend the serving as a minister. For seven years he was achieving better interfaith understanding, work- rules and agree to H Res. 487; ‘‘No’’ on roll- the Youth President of the Indiana District of ing to strengthen the quality of life for all citi- call vote No. 749, on agreeing to H. Res. 788, the United Pentecostal Church International. zens in the communities of the region. which provides for consideration of the con- He also worked as the Editor of the Indiana Madam Speaker, I ask my colleagues to join ference report to accompany H.R. 3183; ‘‘Aye’’ District United Pentecostal Church Inter- with me in commending the Congregation on rollcall vote No. 750, on motion to suspend national periodical the ‘‘Indiana Apostolic Gemiluth Chassodim. the rules and agree to H. Res. 692; ‘‘Aye’’ on Trumpet.’’ After he moved to Michigan, Rev- f rollcall vote No. 751, on motion to suspend the erend Henson spent 16 years as presbyter rules and agree to H. Con. Res. 151; ‘‘Aye’’ EARMARK DECLARATION and member of the Michigan District Board of on rollcall vote No. 752, on Agreeing to the the United Pentecostal Church International. Conference Report to H.R. 3183. HON. BRIAN P. BILBRAY He was the Home Missions director for one f OF CALIFORNIA year. IN THE HOUSE OF REPRESENTATIVES BREAST CANCER AWARENESS Reverend Henson has written several arti- MONTH cles and several books including ‘‘Effective Wednesday, October 7, 2009 Altar Ministry,’’ ‘‘The Silhouette of Majesty,’’ Mr. BILBRAY, Madam Speaker, I would like HON. ZOE LOFGREN ‘‘Prayer Force One,’’ ‘‘Marvelous Mercy,’’ ‘‘Liv- to submit the following Earmark request: OF CALIFORNIA ing a Balanced Life . . . In an Unbalanced Requesting Member: Congressman BRIAN World,’’ ‘‘World Changers,’’ and ‘‘Just Braggin’ IN THE HOUSE OF REPRESENTATIVES BILBRAY on Jesus.’’ He co-authored ‘‘Victorious Living Bill Number: Conference Report to H.R. Wednesday, October 7, 2009 for New Christians.’’ 3183, FY 2010 Energy and Water Appropria- Ms. ZOE LOFGREN of California. Madam Together with his wife, Shirley, Reverend tions Speaker, I rise this October day in strong sup- Henson has two daughters, Melissa and her Account: Army Corps of Engineers, General port of and to draw attention to Breast Cancer husband Jonathan Hudson, and Jerusha and Investigations, Miscellaneous Awareness month. According to the National her husband Jason McGhee, and four grand- Legal Name of Requesting Entity: Scripps Cancer Institute, in the United States, breast daughters: Jelissa, Macy, Jade, and Madelyn. Institution of Oceanography, UC San Diego cancer is the most common non-skin cancer Madam Speaker, I ask the House of Rep- Address of Requesting Entity: 9500 Gilman and the second leading cause of cancer-re- resentatives to rise with me today and applaud Drive, La Jolla, CA 92093 lated death in women. the work of Reverend Robert E. Henson and

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

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2464 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 South Flint Tabernacle as they celebrate 30 TRIBUTE TO JESUS GONZALES, His 14th summer, 1989, was his first sum- years of worship, service, and spirituality RECIPIENT OF THE 2009 ST. MAD- mer working for Sacred Heart. He painted speed bumps and dug irrigation trenches. under his guidance. I pray that he will continue ELEINE SOPHIE AWARDS, SA- to guide the congregation and serve the com- CRED HEART SCHOOLS Always a big smile on his face and usually a wise crack to go with it to try and deflect munity for many, many years to come. me from seeing how sore he was from swing- HON. ANNA G. ESHOO ing the pick. f OF CALIFORNIA In high school he worked in the Gator Pit IN THE HOUSE OF REPRESENTATIVES where he would flash those green eyes and HONORING PAULETTE WALZ, Wednesday, October 7, 2009 talk with all of the high school girls because, LEESBURG, FLORIDA Ms. ESHOO. Madam Speaker, I rise today well, heck, he was in high school too. to honor Mr. Jesus Gonzales, a recipient of In 1997 he was hired full time in the Main- HON. GINNY BROWN-WAITE the prestigious St. Madeleine Sophie Award tenance Department. from Sacred Heart Schools. Established in the Two years later he was put in charge of St. OF FLORIDA year 2000, the St. Madeleine Sophie Award Joseph’s and the Montessori School and his honors individuals in the Sacred Heart com- job changed from actually physically hands IN THE HOUSE OF REPRESENTATIVES munity who have made a sustained and sig- on working, to management and dealing nificant contribution to the Schools and em- with the administration, faculty, coaches, Wednesday, October 7, 2009 parents and neighbors. He was in his ele- body the Goals and Criteria of a Sacred Heart Ms. GINNY BROWN-WAITE of Florida, ment, this was his strength. He was happier education. The individuals honored are se- than a pig wallowing in slop. He did well. Madam Speaker, I rise today to honor Pau- lected by a committee comprised of the senior lette Walz of Lake County, Florida. This past In 2003 he was promoted to ‘‘Physical Plant administrative team in conjunction with the Manager’’ in charge of all of the buildings on week, she was awarded the Social Security Chair of the Board of Trustees and are hon- the campus. There are many decisions made Administration’s highest honorary award; the ored at a reception and at the Mass of the by the Board and the Operations Department Commissioner’s Citation. I cannot think of a Holy Spirit, the first all-school liturgy of the and they get handed down to Jesus and his more deserving recipient. school year. The recipients will be VIP guests crew. at various SHS events throughout the year Born in a small town in middle Tennessee, They might have a list of 25 things to do. and featured in their alumni magazine, The They do 10 of them and check the list again she first began her work with Social Security Heart of the Matter, for their commitment to and it’s up to 30 things to do. It never ends. recipients while working as a Claims Develop- the mission of Sacred Heart education. Jesus gets to deal with everyone on cam- ment clerk in the Cookeville, TN Social Secu- This year, Jesus Gonzales was chosen, pus by e-mail, phone and face-to-face. That rity Office. From there she was promoted to along with two other distinguished recipients, starts with his crew of about 20 maintenance the Service Representative position in Lees- to be recognized with the Award for his tire- and housekeeping personnel. They are the burg, FL and thus made her move to the 5th less work and commitment to the Sacred front lines. They are the men and women in district, where she continues to work as the Heart School as the Physical Plant Manager. the trenches. They are the people we all de- Public Affairs Specialist for Lake and Sumter His award was presented by Mr. Dan Green- pend on but might not realize it. Counties. leaf, who gave this speech at the Awards Jesus is very fair with his crew. He is con- Ceremony in tribute to Jesus: sistent in dealing with 20 personalities. He For the past 24 years, Paulette has done an evaluates, makes changes and implements Jesus Gonzales is a lover. What I mean these changes fairly across the board. He can exceptional job of both helping Social Security here is his heart is full of love. recipients with their every concern and in He shares that love everyday with the stu- be stern and honest when he needs to be, but keeping SSA issues front and center. Her ef- dents, faculty, staff, administration and par- he talks to them the same way he would expect someone to talk to him. forts span much farther than her office how- ents at Sacred Heart Schools. ever; she utilizes print, radio and TV to edu- Which is not always easy. But he gives this Most of his conversations are peppered love. And he gets love in return. with humor. He listens, I mean really listens cate recipients about the Social Security op- He shares this love everyday of his life and makes informed decisions. He is not tions available to them. Paulette hosts two with his brothers and sisters, nieces and above his crew. weekly radio shows in The Villages, as well as nephews and friends. He has a lot of love to give and he gets lots Then he deals with everyone else: adminis- records weekly Public Service Announce- trators, teachers, parents, vendors, police de- ments. She also records a 30 minute tele- in return. Which is no surprise to me because I knew his father Gabriel. partment, fire department, city hall, con- vision program three times a month where she Gabriel didn’t speak English and I don’t tractors. and her guests discuss programs the Agency speak Spanish but we still knew each other There is nobody that he doesn’t approach administers. Additionally, she utilizes her well. with a smile and an open mind. He is patient. weekly column in The Villages Daily Sun to re- Gabriel raised 8 wonderful kids into happy He is organized, and he will give you all his spond to congressional inquiries regarding So- productive adults while he was working here time to get you what you need. at Sacred Heart. cial Security. The family is: Theresa, Gabriel Jr., Vidal, In the big picture he knows why he’s here. I’ve heard him say it before, ‘‘We are here for When she is not covering the issue in the Valentine, Jesus, Urlinda, Maria and Tony. This is a very close family who hold on the kids.’’ It is that easy. You give love, you media, Paulette teaches a monthly class on tightly to their heritage while raising their get love, ‘‘We are here for the kids.’’ SSA benefits at The Villages Life Long Learn- own families here in the melting pot of the He is who his father and family and maybe ing College. Additionally, she conducts pre-re- Bay Area. even a little bit of Sacred Heart raised him lease seminars at area Correctional Institu- They see each other every day. They share to be. meals, they vacation together, they hang out tions, including the Coleman Federal Correc- A child of the Sacred Heart. on the porch doing nothing together, they tional Complex, the largest federal prison in have strong relationships with each others But still after all of this, there is still one the United States. She was also instrumental children. They give love to each other and person who remains the center of his life. in implementing the North Florida Area’s they get love from each other. Someone who goes for camping, fishing, eServices Outreach Pilot Program; this initia- I tell you this because the family is so bowling and makes him laugh. Someone who tive offers individuals who are close to retire- much of who Jesus is. helps him get ready for work in the morning. Jesus first stepped on the Sacred Heart That most special someone in his life is his ment assistance in making an informed deci- campus in 1981, when he was 5 years old. One sion as to when to retire. son Vidal who is now 8 years old and who of Jesus’ oldest memories on the campus was gets to grow up in the loving glow of his fa- I have only scratched the service on all she Sr. Mesa’s chickens and rabbits down by the ther and the whole Gonzales family. has accomplished. From working first hand shop. Sr. Mesa would sell the rabbits for $1 each, Madam Speaker, I ask the entire House of with Paulette on many Social Security issues, dead or alive. They tasted like chicken. At Representatives to join me in offering our con- I can tell you that her expertise and dedication that time, there was: no McGanney Gym, no gratulations to Jesus Gonzales on the very are invaluable. Montessori, no Spieker Pavilion, no Apart- ments, no football field/field house. special occasion of being chosen for the St. I congratulate her on this prestigious honor Sr. Lawrence had warm cookies in the Madeleine Sophie Award and for all he does and wish her only the very best in the years Main Building and Jesus had a great place to daily to strengthen our community and our to come. grow up. country.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2465 HONORING EGGLESTON SERVICES REPEAL THE DON’T ASK, DON’T Many of us have concerns for family and AND THE SARAH BONWELL TELL POLICY friends impacted by breast cancer. This month HUDGINS CENTER we must take those concerns and turn the SPEECH OF emotion into action. HON. SHELLEY BERKLEY According to the American Cancer Society, HON. ROBERT J. WITTMAN OF NEVADA breast cancer is the most commonly diagnosed form of cancer in women in California OF VIRGINIA IN THE HOUSE OF REPRESENTATIVES and the United States as a whole. It is the IN THE HOUSE OF REPRESENTATIVES Tuesday, September 29, 2009 second most common cause of cancer death. Ms. BERKLEY. Mr. Speaker, I would like to The California Cancer Registry estimates that Wednesday, October 7, 2009 thank Congressman MURPHY for providing me each year, more than 25,000 California Mr. WITTMAN. Madam Speaker, I am privi- with the opportunity to speak on this important women develop breast cancer and over 4,000 leged to rise today to honor Eggleston Serv- issue. As a cosponsor of the Military Readi- die as a result. California represents a large ices for the meaningful opportunities they pro- ness Enhancement Act, I fully support the re- portion of the 192,370 new cases of breast vide for individuals with disabilities. Eggleston peal of the unjust, unnecessary, and unsound cancer that have been diagnosed in 2009 alone. Services is a company in southeastern Vir- ‘‘Don’t Ask, Don’t Tell’’ policy. I believe we This disease is not gender specific; it will ginia that has close to 600 employees, and must reject current practices that have institu- tionalized discrimination against many valu- develop in approximately almost 2,000 men upwards of three fourths of those employees able members of our armed services for too this year as well. Early detection and treat- have a disability. Many of these workers are long. Instead, we must establish a new policy ment for both sexes has resulted in 2.5 million able to work through a federal program called of nondiscrimination on the basis of sexual ori- breast cancer survivors in the United States. Ability One. Ability One encourages federal entation. We must continue to encourage all women entities to work directly with agencies like ‘‘Don’t Ask, Don’t Tell’’ is simply unjust. It and men to undergo mammography screen- Eggleston to provide valuable work at a fair flies in the face of the fundamental American ing, as it is the most effective test to deter- price, all the while utilizing the skills of per- value of equality for all. No individual, includ- mine the presence of breast cancer. To do so, sons with disabilities. ing those in our armed forces, should be dis- I have joined with my colleagues to cosponsor Eggleston Services is dedicated to providing criminated against based on his or her sexual the Breast Cancer Education and Awareness a broad array of programs and services for in- orientation. Members of our armed services Requires Learning Young Act of 2009. This bill dividuals with disabilities. Since 1955 their have fought honorably to protect our safety will enhance efforts to increase public aware- goal has been to assist people in obtaining and freedom, so the least we can do in return ness regarding the threats posed by breast meaningful work opportunities, and to help is to fight to protect their freedom and equality cancer to young women and men, as well as them participate fully in their communities. as well. My hometown of Las Vegas includes to enhance campaigns that will further educate Eggleston Services helps individuals with dis- Nellis Air Force Base, one of the premier Air the community on the risk factors of breast abilities gain freedom from dependence on Force facilities in the U.S., and I believe the cancer and the importance of early detection. I am proud to stand today with my col- government support by providing them on-the- courageous men and women who serve there leagues to recognize the importance of con- job training and stable work opportunities. deserve to be treated with equality and respect, regardless of their sexual orientation. tinuing efforts to enhance awareness and pre- Just recently, I had the honor to visit the The ‘‘Don’t Ask, Don’t Tell’’ policy is also ventative actions. Sarah Bonwell Hudgins Center in Hampton, completely unnecessary. The vast majority of f Virginia. The center is owned by the Sarah Americans believe our troops deserve the op- Bonwell Hudgins Foundation and managed by portunity to serve with honesty and honor. And TRIBUTE TO JAN TITTLE Eggleston Services, Inc. The center provides most importantly, a majority of dynamic programs for individuals with mental servicemembers have said they would have HON. DALE E. KILDEE and/or physical disabilities. Through its part- no reservations about serving alongside gay OF MICHIGAN nership with Eggleston Services, the Founda- and lesbian troops, proving the problems this IN THE HOUSE OF REPRESENTATIVES tion helps persons with disabilities by pro- policy supposedly prevents are not, in fact, Wednesday, October 7, 2009 viding a place to work, a place to live in a safe problems at all. Mr. KILDEE. Madam Speaker, I rise today caring environment, and a place to learn to Not only is this practice unjust and unneces- to pay tribute to Jan Tittle, the National Presi- live independently. sary, it is also unsound. Our military should not fire valuable servicemembers simply for dent of the Ladies Auxiliary to the Veterans of The profound work and programs that are being gay, particularly during a time of war Foreign Wars of the United States. Mrs. Tittle available at the center help many and are in- when we need every American who is willing will address the Veterans of Foreign Wars Fall valuable. At the Sarah Bonwell Hudgins Cen- and able to serve. Furthermore, repealing Conference on October 10th in Sault Ste. ter, Eggleston Services operates a Life En- ‘‘Don’t Ask, Don’t Tell’’ would increase, not un- Marie, Michigan. hancement Program, which provides special- dercut, unit cohesion by fostering openness The 600,000 members of the Ladies Auxil- ized services, activities, and residential care. and trust among troops. iary of the Veterans of Foreign Wars have Eggleston Services also provides programs at Ultimately, ‘‘Don’t Ask, Don’t Tell’’ does spent the last 96 years honoring those who the center, including Eggleston Document De- nothing to contribute to our national security. have sacrificed and served our Nation to pre- struction, a full-service secure document de- In reality, it only undermines the strength and serve our freedoms. They volunteer their time struction and shredding business, a business integrity of our military system. I believe this maintaining memorials to the persons making fulfillment center, and a ceramics manufac- practice should be repealed immediately, not the ultimate sacrifice for our country and to turing facility. only for the benefit of our armed forces, but teach our youth about our veterans. They provide financial assistance to preserve the Stat- These remarkable programs serve as a way for the safety of Nevada and our Nation as a whole. ue of Liberty, have volunteered over 2 million for people with disabilities to find independ- hours in Veterans Affairs Medical Centers and f ence and a sense of one’s own. None of this other hospitals. They provide awards and would be possible without the Ability One Pro- RECOGNIZING OCTOBER AS scholarships to students based upon their ex- gram and the dedication of Eggleston Serv- BREAST CANCER AWARENESS pressions of patriotism through art, speech ices. Businesses can look to Eggleston Serv- MONTH and volunteerism. ices and the Ability One program and use their Jan Tittle was elected the 2009–2010 Na- successful programs as a model for their own HON. DARRELL E. ISSA tional President this past August at the 96th business practices. Persons with disabilities OF CALIFORNIA National Convention. She is a Life Member of can be key contributors in the workplace and IN THE HOUSE OF REPRESENTATIVES the TSgt. Walter C. Fulda Auxiliary 3433 in I commend Eggleston Services in conjunction Ladson, South Carolina. She is eligible with the Ability One program and the Sarah Wednesday, October 7, 2009 through her father, Arlen Owens, a World War Bonwell Hudgins Foundation for their work in Mr. ISSA. Madam Speaker, today I rise in II Purple Heart recipient. As the National providing opportunities for individuals with dis- support of October as Breast Cancer Aware- President she plans to focus on the Auxiliary’s abilities. ness Month. core programs for veterans and their families.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2466 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 She also plans to lead the Auxiliary in topping amount would increase to $168 million by with 24 or fewer employees, can now deduct $3 million to the Cancer Aid and Research 2019, with new state expenditures amounting 150% of the money they spend on health in- Fund. to billions over time. surance premiums from their state taxes, This fiscal hit to states would come on top and their employees earning up to $50,000/ Madam Speaker, I ask the House of Rep- of the Medicaid funding cliff created by Con- year can do the same. resentatives to rise and applaud Jan Tittle as gress in American Recovery and Reinvest- Rather than increasing the size and cost of she brings together the Ladies Auxiliary under ment Act. (ARRA). ARRA established a tem- government by putting more people on Med- the theme, ‘‘It’s Time for America’s Military porary increase in the Federal Medical As- icaid, and thereby making more citizens de- Heroes.’’ I congratulate her and the members sistance Percentage (FMAP) rate to help pendent on government as Washington ap- of the Auxiliary for their commitment to safe- states deal with Medicaid costs. This higher pears ready to do, Alabama is trying to re- guarding the memory of our veterans and their FMAP rate is set to expire on December 31, duce the burden of health care costs for the 2010. If the higher FMAP rate is not ex- sacrifice for our Nation. overwhelming majority of its employers and tended, states will face an immediate and their employees. I believe our state can be f significant increase in costs to operate Med- looked to as a model for other states. icaid programs. In Alaska, approximately Our Medicaid program is a national inno- GOVERNORS OF ALASKA, ALA- $120 million more in state general funds will vator in the area of medical homes and BAMA, AND ARIZONA EXPRESS be needed to operate the Medicaid program health information technology. A higher per- CONCERNS WITH UNFUNDED for just one year. centage of Alabamians have health insurance MANDATES IN HEALTH REFORM Further, proposals in Congress would give than the nation as a whole, and Alabama has the federal government a stronger role in ad- a lower percentage of uninsured children ministering Medicaid and undercut state au- than the nation as a whole. In addition to HON. MIKE ROGERS thority. Coverage would have to be expanded achieving higher rates of coverage, Alabama OF MICHIGAN to childless adults who qualify and would re- has some of the nation’s lowest health care IN THE HOUSE OF REPRESENTATIVES place the current state option to cover par- costs. That is one reason why Alabama has ents of low-income children with a federal been so successful in attracting national and Wednesday, October 7, 2009 mandate to provide coverage to qualifying international companies and the thousands Mr. ROGERS of Michigan. Madam Speaker, adults. Maintenance of effort requirements of jobs they have created in our state. I rise today to express concerns regarding would prevent states from adjusting eligi- Not only is health care less expensive in health reform proposals which would create bility to meet ever-changing fiscal condi- Alabama than just about anywhere else in tions. Lower limits of practitioner reim- the country, we are also an open market for unfunded state mandates. Legislation currently bursement and coverage limits would be im- insurers. More than 300 companies are li- before the House would dramatically expand posed. New services and the coverage of addi- censed to sell health care insurance in our the Medicaid program and place over $35 bil- tional provider groups would be mandated state. We encourage competition and wel- lion in new liabilities on state budgets over the and stale flexibility in the eligibility process come insurers to help in the effort to drive next ten years. In addition, these proposals would be constrained. All these mandates down costs. would expand the federal government’s role in limit state control and flexibility to control We, as a nation, must address the problems administering Medicaid, which would severely the Medicaid program. of our existing health care system, but sim- While I am sympathetic to the dilemma of ply unloading them on the states will not handcuff states’ ability to run their own pro- health care reform and I applaud your efforts work. I thank you for your interest in this grams and preempt state authority to manage to find a solution, I cannot support legisla- very important matter and look forward to Medicaid eligibility and benefits. tion from Congress that imposes costly un- working with you to find common sense Over the last several weeks, governors funded federal mandates on Alaska and other ways to reform our health care system. have expressed concerns over these pro- states. Instead, the federal government Sincerely, posals. I would like to submit for the RECORD should be looking for ways to give the states BOB RILEY, the following letters from the governors of increased flexibility with federal funding to Governor, Alabama. Alaska, Alabama and Arizona: meet the unique needs of each state’s population. This tact would lead to innovation JULY 16, 2009. SEPTEMBER 8, 2009. and cost-containment as compared to the Senator JOHN MCCAIN, Hon. MAX BAUCUS, current rout pursued in existing health care U.S. Senate, Russell Senate Bldg., Chairman, Senate Finance Committee, Hart legislation. Washington DC. Senate Office Building, Washington, DC. Sincerely, Senator JON KYL, Hon. CHARLES GRASSLEY, SEAN PARNELL, U.S. Senate, Hart Senate Bldg., Ranking Member, Senate Finance Committee, Governor, Alaska. Washington DC. Hart Senate Office Building, Washington, DEAR SENATOR MCCAIN AND SENATOR KYL: DC. SEPTEMBER 30, 2009. Thank you for the opportunity to provide in- DEAR CHAIRMAN BAUCUS AND RANKING MEM- Hon. RICHARD SHELBY, formation about Arizona’s Medicaid pro- BER GRASSLEY: States cannot afford to carry U.S. Senate, Russell Senate Office Building, gram, the Arizona Health Care Cost Contain- the huge costs of health care reform. States Washington, DC. ment System (AHCCCS). (and their businesses and residents) are DEAR SENATOR SHELBY: Democrats and Re- As you know, Arizona is facing one of the struggling to recover financially. The Na- publicans alike agree that our health care worst financial deficits in the nation and tional Conference of State Legisla- system is in need of reform; however, it ap- projections show that the State is expected tures(NCSL) reports states had a $113 billion pears the proposal you will likely be called to make a slow recovery. In the meantime, dollar budget shortfall in 2009 and the situa- to vote on has serious flaws that will have a unemployment has continued to increase and tion is getting worse. NCSL estimates state dire budgetary impact on Alabama. As gov- counter-cyclical programs like AHCCCS budget shortfalls will increase to $142 billion ernor of our state, I am writing to express a have continued to experience record-break- in 2010. I am also concerned with the pro- specific concern I have about this proposal. ing enrollment. In the last four months posed new federal mandates that would un- The Senate and House of Representatives alone, AHCCCS has grown by more than dercut stare authority over the Medicaid are considering a bill that includes a major 100,000 new enrollees, and July 2009 enroll- program. expansion of Medicaid and an increase in ment is almost 17 percent above the same On fiscal impact, H.R. 3200 expands Med- costs to the states. Our Medicaid Depart- month in 2008. Total enrollment, including icaid coverage to all citizens under 133 per- ment has reviewed the cost of expanding our Title XXI KidsCare program, in July cent of the Federal Poverty Level (FPL) Medicaid to 150% Federal Poverty Level and reached 1,275,109 members, which is almost 19 while the Senate HELP committee legisla- determined that it would cost state and fed- percent of the state’s total population. tion assumes an expansion to 150 percent of eral taxpayers an additional $1.2 billion per I am proud that AHCCCS program has the FPL. The Congressional Budget Office year to cover this mandate alone. Unlike the served as a model for other state Medicaid estimates these proposed expansions would federal government, our state actually has programs across the country in terms of cost require spending hundreds of billions of dol- to balance its budget. Given the effects of containment. This is due, in large part, to lars in new public funds. While the proposals the current economic condition on our budg- the fact that AHCCCS is a capitated man- would initially place responsibility on the ets, any additional costs will overwhelm our aged care model and 65 percent of its long- federal government to pay for expanding resources. Expecting states in the current term care members receive home and com- Medicaid coverage, a shift would later occur economic climate to provide additional fund- munity based services rather than institu- to state treasuries and the impact would be ing for federal mandates is not reasonable or tional care. According to the Kaiser Family significant. For Alaska, the National Gov- even practical. Foundation, AHCCCS has the lowest per ernors Association estimates it would cost Instead of raising taxes, imposing man- member per year (PMPY) cost among Med- $140 million in state general funds to expand dates and charging penalties on small busi- icaid programs in the country. The average Medicaid for all Alaskans up to 133 percent nesses, Congress and the White House may PMPY costs are: (1) $5,645.52 for acute care; of FPL in 2015. (Assuming there is full fed- want to consider an approach we have begun (2) $45,960.72 for long-term care, which is a eral funding the first two years.) This to take in Alabama. Small businesses, those blended average of our elderly and physically

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2467 disabled and developmentally disabled pro- dedicated her life to public service. She is FRIANT WATER USERS AUTHORITY, grams. The weighted average PMPY cost often asked to train and mentor employees in Lindsay, CA, October 1, 2009. across all Title XIX groups is $7,182.60. other branches, which she does without hesi- Subject: Support for transfer legislation for I am concerned that the Medicaid expan- the Central Valley Project. sion proposals being discussed at the federal tation. In fact, this is the third time she has received the Regional Commissioner’s Citation, Hon. Congressman JIM COSTA, level do not consider the fiscal difficulties Longworth House Building, states are facing and are likely to continue an award that is rarely awarded even once in Washington, DC. to face over the next few years. At the same a career, let alone three times. DEAR CONGRESSMAN COSTA: On behalf of time as Congress is considering prohibiting Friant Water Users Authority (Authority), states from changing their Medicaid eligi- I applaud the good service that Joyce Bo- land has not only provided the Social Security we thank you for introducing transfer legis- bility standards, there have been discussions lation for the Central Valley Project (CVP) about establishing a federal floor for Med- Administration, but to the citizens of York and we support your efforts and this legisla- icaid provider rates, which even further lim- County and Pennsylvania as a whole. For this tion as a means of providing greater flexi- its state flexibility in setting funding levels. reason, I urge my colleagues to join me in bility for management of CVP water sup- State flexibility has been key to Arizona’s plies. success in developing and efficiently man- commending Joyce Boland for her good work The diminished water deliveries to the aging a Medicaid program that provides high and service to her country. CVP as a result of 3 years of below average quality care at a low cost. precipitation amplified by various regu- Even with our strong cost containment f measures, I remain concerned about Arizo- latory restrictions, including the ESA and na’s ability to sustain the existing AHCCCS the most recent delta smelt and salmon Bio- INTRODUCTION OF THE ‘‘WATER logical Opinions, have, as you know, created model, let alone a mandatory expansion to TRANSFER FACILITATION ACT 150 percent, regardless of whether the federal a desperate situation in the San Joaquin government provides full financing of the ex- OF 2009’’ Valley. pansion for the first five years. Medicaid is While long-term solutions are being already an increasing share of state budg- sought, numerous short term efforts are ets—Arizona’s General Fund spending on HON. JIM COSTA needed to help bridge the water supply gap AHCCCS has increased by 230% over the past and greater flexibility, as provided in your ten years, and has risen from 8 percent of OF CALIFORNIA legislation, to move water supplies across the San Joaquin Valley would be a useful General Fund spending in FY 1999 to an esti- IN THE HOUSE OF REPRESENTATIVES mated 16 percent in FY 2009. tool. In addition, the legislation would help Friant districts affected by the SJR Settle- Maintaining this level of spending in- Wednesday, October 7, 2009 creases will be difficult, especially given ment improve management of surface and that Medicaid enrollment and costs continue groundwater supplies. Mr. COSTA. Madam Speaker, today with The Authority consists of nineteen mem- to rise. Moreover, Arizona’s revenues are not Congressman CARDOZA I introduced the expected to turn around for several years ber water, irrigation and public utility dis- and, even when they do rebound, we would ‘‘Water Transfer Facilitation Act of 2009.’’ The tricts. The Friant Service area includes ap- require significant revenue growth in order measure should reduce unnecessary delays in proximately one million acres and 15,000 to sustain rising expenditures for the exist- water transfers at a time when Central Valley mostly small family farms on the east side of ing Medicaid program. farmers have been hard hit by a three-year the southern San Joaquin Valley (Madera, Attached, please find data responsive to drought. It would allow new water transfers of Fresno, Tulare and Kern County). Friant Di- vision water supplies are also relied upon by your requests. There is a summary sheet roughly 250,000 to 300,000 acre-feet of water that provides an overview of the information several cities and towns, including the City requested, along with several other sheets per year. The bill would grant new authority to of Fresno, as a major portion of their munic- that provide additional detail. As you know, the Bureau of Reclamation to approve vol- ipal and industrial water supplies. there are many unanswered questions re- untary water transfers between sellers and We look forward to engaging in this effort garding the proposals. This analysis includes buyers in the San Joaquin Valley. The meas- and working closely with you and your staff the assumptions that were used to develop ure also would streamline environmental rein advancing this legislation and addressing the figures, which will obviously change as views for Central Valley water transfers by en- California water issues. Sincerely, the proposals are refined. suring that they occur on a programmatic Please do not hesitate to contact my office RONALD D. JACOBSMA, if you have questions or should require addi- basis, instead of the current project-by-project Consulting General Manager. tional information. I share your concern re- basis. garding Arizona’s ability to expand its Med- Transferring water between and within coun- SAN LUIS & DELTA MENDOTA WATER AUTHORITY, icaid program and what the long-term fiscal ties for water districts is a critical tool during implications will be for Arizona, and I hope Los Banos, CA, October 5, 2009. you find this information useful as you con- periods of drought. While the best solution Re Water Transfer Facilitation Act of 2009. sider the various proposals that are before would be to have the federal and state pumps Hon. DIANNE FEINSTEIN, you. fully operational, because we have been un- U.S. Senate, Sincerely, able to modify the Endangered Species Act, Washington, DC. JANICE K. BREWER, this change in the law provides us some relief. Hon. BARBARA BOXER, Governor, Arizona. This legislation makes permanent the ability to U.S. Senate, f transfer water to our Valley’s farms when it is Washington, DC. most needed, therefore, allowing our farmers Hon. DENNIS CARDOZA, COMMENDING JOYCE BOLAND FOR House of Representatives, RECEIVING THE REGIONAL COM- a lifeline to continue to grow crops and help Washington, DC. MISSIONER’S CITATION FROM our local economy. More will need to be done Hon. JIM COSTA, THE SOCIAL SECURITY ADMINIS- to protect the Valley’s water, and I will con- House of Representatives, TRATION tinue that fight. Washington, DC. DEAR SENATOR FEINSTEIN, SENATOR BOXER, The bill is supported by a great number of MR. CARDOZA, AND MR. COSTA: I am writing HON. TODD RUSSELL PLATTS water users across the Central Valley, includ- on behalf of the San Luis & Delta-Mendota OF PENNSYLVANIA ing the following: Friant Water Users Authority, Water Authority to express our enthusiastic IN THE HOUSE OF REPRESENTATIVES San Joaquin River Exchange Contractors Au- support for your bill, the Water Transfer Fa- Wednesday, October 7, 2009 thority, Delta-Mendota Canal Authority, cilitation Act of 2009, authorizing certain Westlands Water District, Metropolitan Water transfers of water in the Central Valley Mr. PLATTS. Madam Speaker, I rise today District, Glenn Colusa Irrigation District, North- Project and other purposes. Water transfers to commend my constituent, Joyce Boland, for are essential to sound water management ern California Water Association, Banta- receiving the Regional Commissioner’s Cita- and often are time sensitive. Your legisla- Carbona Irrigation District, Tehama-Colusa tion from the Social Security Administration. tion will bring important reform to existing Canal Authority, Association of California The Regional Commissioner’s Citation is the transfer authorization thus increasing the Water Agencies, Placer County Water Agency, second highest award that Social Security efficacy of this essential water management Conaway Preservation Group, and Reclama- tool. gives to employees who demonstrate the high- tion District 2035. As you are keenly aware, coping with Cali- est standards of professionalism as estab- fornia’s water crisis and, in particular, the lished by the agency. I have submitted several of these support chronic water supply shortages impacting Joyce Boland has worked for the Social Se- letters, and I understand that Mr. CARDOZA will the Central Valley Project demands utiliza- curity Administration for 39 years and has submit additional letters as well. tion of various best management practices

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2468 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 including water transfers. Moreover, the BANTA-CARBONA IRRIGATION DISTRICT, development of algae-based biofuels, I made need to transfer water is often urgent and in Tracy, CA, October 2, 2009. a project request intended to help develop the response to climactic conditions that are fre- Re Water Transfer Facilitation Act of 2009. facilities necessary to the production and cul- quently sporadic and ephemeral. Regret- Hon. DIANNE FEINSTEIN, turing of a variety of algae strains. These fa- tably, bureaucratic process can unneces- Hart Senate Office Building, cilities would be both on campus at UCSD and Washington, DC. sarily thwart successful execution of a trans- at an off-site location where existing infrastruc- fer and the best management of this all too Hon. DENNIS CARDOZA, Longworth Building, ture can be readily upgraded, refurbished and precious resource. The clarity your legisla- leveraged for the SD-CAB research enterprise. tion brings to existing authorizations will Washington, DC. A congressionally directed appropriation of only improve the capability of water man- Hon. JIM COSTA, Longworth House Office Building, agers throughout the State to effectively re- $750,000 has been provided in the House FY Washington, DC. 2010 Energy and Water Development appro- spond to the ongoing crisis and put our scant DEAR HONORABLE PUBLIC SERVANTS: We en- water resources to use even more efficiently. priations bill to help meet these needs. courage you to pass this proposed bill as it This advanced research project will provide The Westside of the great San Joaquin Val- can only help Californians best use the waters within the state. It is a waste of storage an important training component for both stu- ley is inarguably the most transfer depend- dents and faculty, in this critical emerging field ent region of the State. Your efforts to ad- and conveyance systems to limit the uses of these facilities to strictly one brand of of research. It will serve as a platform for con- dress this important matter as well as your water, ie. CVP water. When facilities can be tinued collaboration with other universities and vast knowledge of and longstanding commit- used to move various sources of water to di- key industry partners. It is also a logical con- ment to water resource issues vital to the verse destinations and beneficial uses then State are most deeply appreciated. If there is tinuation of the San Diego region’s leadership the facilities are doing the most good for the role at both the state and federal levels in de- anything I can do to be of further service to American public. These public facilities will you in this cause, please do not hesitate to then better serve municipal, industrial and veloping and deploying viable alternative en- call. agricultural water needs while the environ- ergy and transportation fuel solutions. Further, Very truly yours, ment is being served during times of the cutting edge R&D into alternative transpor- DANIEL G. NELSON, drought. This bill will clarify a portion of tation fuels derived from algae enabled by this Executive Director. law that federal regulatory agencies are in- project will be reflective of current related pol- terpreting in such a way as to prevent con- icy goals and funding priorities of both the fed- veyance and storage of otherwise legal water GLENN-COLUSA IRRIGATION DISTRICT, eral government and the State of California. transfers within the State of California in Willows, CA, October 2, 2009. Federal facilities. Please pursue passage of f Re Support for water transfer legislation. this legislative correction. GOVERNORS OF CALIFORNIA AND Hon. JIM COSTA, Sincerely, FLORIDA EXPRESS CONCERNS House of Representatives, DAVID WEISENBERGER, Washington, DC. General Manager. WITH UNFUNDED MANDATES IN HEALTH REFORM DEAR CONGRESSMAN COSTA: On behalf of f Glenn-Colusa Irrigation District (GCID), we thank you for introducing legislation au- EARMARK DECLARATION HON. MIKE ROGERS thorizing and establishing a permanent long- OF MICHIGAN term program to promote and manage water HON. BRIAN P. BILBRAY IN THE HOUSE OF REPRESENTATIVES transfers in the Central Valley of California. OF CALIFORNIA Wednesday, October 7, 2009 We support your efforts and this legislation IN THE HOUSE OF REPRESENTATIVES Mr. ROGERS of Michigan. Madam Speaker, as a means of providing greater flexibility in Wednesday, October 7, 2009 the management of Central Valley Project I rise today to express concerns regarding (CVP) and other water supplies to help meet Mr. BILBRAY. Madam Speaker, I would like health reform proposals which would create unmet needs critical to the future of the to submit the following Earmark request: unfunded state mandates. Legislation currently State of California. Requesting Member: Congressman BRIAN before the House would dramatically expand BILBRAY the Medicaid program and place over $35 bil- As you are aware, the devastating impacts Bill Number: Conference Report to H.R. lion in new liabilities on state budgets over the of diminished water deliveries to the CVP as 3183, FY 2010 Energy and Water Appropria- next ten years. In addition, these proposals a result of 3 years of below average precipita- tions would expand the federal government’s role in tion have been made even greater by the var- Account: EERE ious regulatory restrictions, including the administering Medicaid, which would severely Legal Name of Requesting Entity: UC San handcuff states’ ability to run their own pro- requirements established by the recent fed- Diego eral biological opinions for endangered fish grams and preempt state authority to manage Address of Requesting Entity: 9500 Gilman Medicaid eligibility and benefits. under the ESA. Your legislation will provide Drive, San Diego CA 92093 immediate, much needed relief in the form of Over the last several weeks, governors Description of Request: I received $750,000 have expressed concerns over these pro- a flexible and useful tool that will allow for the San Diego Center for Algae Bio- posals. I would like to submit for the RECORD water to be transferred from willing parties technology (SD-CAB). SD-CAB is a consor- to those in need within the CVP. the following letters from the governors of tium of renowned research institutions—includ- California and Florida: GCID is the largest and one of the oldest ing UC San Diego, The Scripps Research In- JULY 31, 2009. diverters of water from the Sacramento stitute, the Salk Institute, Scripps Institution of Hon. HARRY REID, River, dating back to 1880. As a senior water Oceanography, San Diego State University right holder and CVP Sacramento River Set- Majority Leader, U.S. Senate, and other regional entities—that are collabo- Washington, DC. tlement Contractor, we believe we can and rating with industry partners in a broad-scale Hon. MITCH MCCONNELL, will actively participate in this water trans- research effort to develop advanced transpor- Minority Leader, U.S. Senate, fer program. The language in your legisla- tation fuels from algae. Scientists from these Washington, DC. tion directing the Bureau of Reclamation to institutions established SD-CAB in an effort to Hon. NANCY PELOSI, work with other federal agencies to imple- make sustainable algae-based fuel production Speaker of the House, House of Representatives, ment the necessary long-term environmental Washington, DC. and carbon dioxide abatement a reality within processes addressing impacts of a water Hon. JOHN A. BOEHNER, transfer program on the ESA-listed Giant the next 5 to 10 years. The primary goal of the Minority Leader, House of Representatives, Garter Snake will be imperative to its use- center is to create a national facility capable of Washington, DC. fulness and success. developing and implementing innovative re- DEAR SENATOR REID, SENATOR MCCONNELL, search solutions for the commercialization of MADAM SPEAKER AND MR. BOEHNER: I appre- We look forward to working with you and fuel production from algae. Algae biofuels ciate your commitment and hard work to- your staff in the coming months in this im- ward reforming the nation’s health care sys- portant legislative effort, and appreciate have the potential to provide a secure and renewable source of transportation fuel that is at tem. I think we can all agree that the cur- your leadership in advancing this legislation rent system is not working as it should, and and addressing California water issues so im- least carbon neutral, and does not compete I have long supported a significant overhaul. portant to our collective future. for land or fresh water resources required to Costs continue to explode, while tens of mil- Sincerely, grow food supply crops. lions remain uninsured or underinsured. THADDEUS L. BETTNER, To further establish the SD-CAB as a na- Many families are one illness away from fi- General Manager. tional research resource for the sustainable nancial ruin—even if they do have insurance.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2469 We have the greatest medical technology in federal efforts that could provide more sta- fornia has a long history of protecting con- the world at our fingertips, yet Americans’ bility to state Medicaid programs. Moreover, sumers through our two separate insurance health status lags behind many countries given the fiscal crisis that many states, in- regulators, one covering health maintenance that spend less than half what we do per cap- cluding California, are experiencing, I organizations and the other monitoring all ita. Any successful health care reform pro- strongly urge Congress to extend the tem- other insurance products. Maintaining a posal must be comprehensive and built porary increase in the federal matching ratio strong regulatory role at the state level is in around the core principles of cost contain- to preserve the ability of state Medicaid pro- the best interest of consumers, and I urge ment and affordability; prevention, wellness grams to continue to provide essential serv- Congress to maintain this longstanding and and health quality; and coverage for all. ices to low-income residents pending full im- effective relationship as you design these new market structures. COST CONTAINMENT AND AFFORDABILITY plementation of national health reform. I hope our experience in California work- PREVENTION, WELLNESS AND HEALTH QUALITY Cost containment and affordability are es- ing toward comprehensive health care re- PREVENTION sential not only for families, individuals and form has informed the debate in Washington. businesses, but also for state governments. Wellness and health promotion, along with There will be many short-term triumphs and Congress is proposing significant expansions chronic disease management, can help to seemingly insurmountable roadblocks for of Medicaid to help reduce the number of un- lower the cost curve over the long run and Congress and the nation on the road to com- insured and to increase provider reimburse- improve health outcomes in the near term. prehensive health care reform. We must all ment. This was one of the cornerstone pieces of my remain focused on the goal of fixing our Today, California administers one of the health care reform proposal in California, health care system and remember that we all most efficient Medicaid programs in the and I continue to believe it should be a key have something to gain from the reforms, country, and still the state cannot afford its piece of the federal efforts. Prevention, and we all have a shared responsibility to Medicaid program as currently structured wellness and chronic disease management achieve them. I look forward to working and governed by federal rules and regula- programs should include both the individual with you as you move forward on this des- tions. The House originally proposed fully and wider population levels. perately needed legislation. funding the expansion with federal dollars, At the individual level, proposals to pro- Sincerely, but due to cost concerns, members decided to vide refunds or other incentives to Medicare, ARNOLD SCHWARZENEGGER, shift a portion of these expansion costs to Medicaid and private plan enrollees who suc- Governor, California. states. I will be clear on this particular pro- cessfully complete behavior modification posal: if Congress thinks the Medicaid expan- programs, such as smoking cessation or SEPTEMBER 17, 2009. sion is too expensive for the federal govern- weight loss, are critical reforms. To ensure Hon. BILL NELSON, ment, it is absolutely unaffordable for they are widely used, individual prevention U.S. Senate, Hart Senate Office Building, states. Proposals in the Senate envision and wellness benefits should not be subject Washington, DC. passing on more than $8 billion in new costs to beneficiary cost sharing. DEAR SENATOR NELSON: Thank you for to California annually—crowding out other Because individuals’ behaviors are influ- your valuable work on behalf of Floridians in priority or constitutionally required state enced by their environments, health reform the United States Congress. I am pleased spending and presenting a false choice for all must place a high priority on promoting with our ability to work together on issues of us. I cannot and will not support federal healthy communities that make it easier for important to our state, including the health health care reform proposals that impose bil- people to make healthy choices. California and well being of our residents. lions of dollars in new costs on California has demonstrated through its nationally rec- We can all agree that we need to work to- each year. ognized tobacco control efforts that popu- gether to make quality health care more af- The inclusion of maintenance of effort relation-based strategies can be effective and fordable and accessible, especially to those strictions on existing state Medicaid pro- dramatically change the way the people who currently do not have health insurance. grams only compounds any cost shift to think and act about unhealthy behaviors, I stand united with my fellow governors; states. We simply cannot be locked into a such as tobacco use. A similar model, com- however, with our concerns about how Con- cost structure that is unsustainable. Gov- munity transformation grants, has been ad- gressional proposals may affect our ability ernors have three primary ways to control vanced in the Senate Committee on Health, to manage scarce state resources. Medicaid costs: they can adjust eligibility, Education, Labor, and Pension legislation, In the last year, enrollment in Florida’s benefits and/or reimbursement rates. Main- and it should be included to support policy, Medicaid program has increased from 2.2 tenance of effort requirements linked to ex- environmental, programmatic and infra- million in July 1, 2008 to 2.63 million in July isting Medicaid eligibility standards and pro- structure changes that address chronic dis- 2009, causing a strain on our state budget. cedures will effectively force state legisla- ease risk factors, promote healthy living and Congressional proposals would increase those tures into autopilot spending and lead to decrease health disparities. numbers by expanding Medicaid eligibility. chronic budget shortfalls. Quality improvement measures are also Under the U.S. Senate Health, Education, The federal government must help states critical to health reform. The House proposal Labor and Pensions (HELP) Committee pro- reduce their Medicaid financing burden, not for a Center for Quality Improvement to im- posal for example, more than 1.46 million increase it. A major factor contributing to prove patient safety, reduce healthcare-asso- people would be added to our current Med- Medicaid’s fiscal instability, before any pro- ciated infections and improve patient out- icaid caseload in Florida at a cost of $4.93 posed expansion, is that the program effec- comes and satisfaction is a positive step. Co- billion for the next fiscal year. Although providing more access to health tively remains the sole source of financing ordinated chronic disease management is care for individuals and families in our for long-term care services. Therefore, I am necessary to improve outcomes for chron- struggling economy is an affable goal, our encouraged by congressional proposals that ically ill people. preliminary Florida estimates show that in create new financing models for long-term Systematic use of health information tech- the following year (State Fiscal Year 2010– care services. Proposals that expand the nology and health information exchange, including access for public health agencies, is 2011), once the American Recovery and Rein- availability and affordability of long-term vestment Act Federal Medical Assistance care insurance are steps in the right direc- vital to providing the necessary tools to measure the success of quality improvement Percentage funds have been exhausted, the tion, but they must be implemented in a fis- impact increases as more than 1.72 million cally sustainable way. More fundamentally, efforts. Finally, investments in core public health infrastructure can be facilitated people are expected to be added to our case however, the federal government must take load at a cost of $5.875 billion. full responsibility for financing and coordi- through the creation of the proposed Preven- tion and Wellness Trust. Some Members of Congress have indicated nating the care of the dually eligible in order that states should shoulder some of the bur- COVERAGE FOR ALL to appreciably reduce the cost trend for this den to fund the expansion of Medicaid at a group. This realignment of responsibilities is Coverage for all is also an essential ele- time when our economy and residents are absolutely essential to controlling costs for ment of health care reform and I believe an struggling. To pay for this expansion, states this population, while ensuring that state enforceable and effective individual man- fear the need to cut critical services like governments will be better positioned to fill date, combined with guaranteed issuance of education or public safety to add more in any gaps that will undoubtedly arise from insurance, is the best way to accomplish this money to Medicaid. This would have a crip- federal health care reform efforts. I also en- goal. The individual mandate must provide pling effect on Florida’s state economy and courage Congress to incorporate other strat- effective incentives to help prevent adverse the national economy. egies to help stabilize Medicaid costs for selection that could occur if the mandate is In addition, state Medicaid programs cur- states. too weak. Creating transparent and user- rently take on the burden of financing long Delaying the scheduled phase-out of Med- friendly health insurance exchanges to help term care services for our aging and disabled icaid managed care provider taxes pending consumers compare insurance options will residents. Due to our large elderly popu- enactment of new Medicaid rates, reimburse- also help facilitate participation. States lation, Florida is estimating expenditures of ment for Medicaid claims owed to states as- should maintain a strong role in regulating $4.3 billion for state fiscal year 2009–2010 (this sociated with the federal government’s im- the insurance market and have the ability to includes coverage of institutional care, home proper classification of certain permanent maintain and operate their own exchanges, and community based waiver and our nurs- disability cases, and federal support for legal with the understanding that some national ing home diversion waiver services). Med- immigrant Medicaid costs are examples of standards will need to be established. Cali- icaid is the primary payor for nearly two-

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2470 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 thirds of all nursing home residents in the I am still a little unclear as to why Cee Cee travels the world to learn about other state. While the U.S. Senate HELP proposal Salberg asked me to introduce her for this cultures and enhances her own life to better and the House bill call for the creation of a prestigious award. I cannot figure out if she understand humanity. new voluntary federal insurance program for asked me to do her this honor because I Cee is kind. community-based long-term care services, don’t actually work in the pre-school and Cee believes in our mission and does every- the Congressional Budget Office has ques- Kindergarten so, therefore, I don’t really thing possible to instill the mission of the tioned the long term viability of this provi- know how she behaves on a daily basis. Or, if school in the children. sion. Any federal health care reform discus- it is because she knows that I am afraid of Each decision Cee makes is for the chil- sion must include a combined federal and her and that it is unlikely that I will share dren. Although some say she is not warm and state approach to the financing and provi- anything other than the most positive senti- fuzzy—my entire family adores her. She is sion of Medicaid and long term care services. ments about her. In any case, tonight we get there for the children and that is what mat- Lack of health insurance is the greatest to celebrate a wonderful and a brilliant edu- barrier to accessing health care. With nearly ters. cator. Cee cares about every child in her school— four million Floridians currently lacking I am so thrilled to be able to introduce Cee no matter what. health insurance, our state has launched ini- Salberg for the St. Madeleine Sophie Award Cee teaches the children independence, re- tiatives designed to reduce that number and tonight. As I understand it, this award is spect, kindness, understanding, and thought- assist those who need prescription medica- given to those who have committed them- fulness—everything a parent wants in a tion. Many of these programs can serve as selves to Sacred Heart Schools and who em- child. examples to our nation. I have attached a body the Spirit of St. Madeleine Sophie Cee is not a woman of many words but she brief summary outlining several of these Barat. For those of you who know Cee it is hears all. successful programs Florida is using to ad- clear to you why she is the winner of this Cee always has the perfect outfit for every dress the health care needs of our residents, award. Put quite simply . . . occasion; classy and elegant. while targeting ways to reduce costs to our Cee has the vision of Sophie. Cee will bend down and pick up every last health care system. Cee has the courage of Sophie. scrap of liter under the lunch tables. The partnership between our state and our Cee has the generosity of Sophie. Cee is organized, efficient and thrives on federal government is critical in enabling Cee has the direct communication style of order—the preschool runs like a well oiled Florida to serve its residents, and I stand Sophie. machine under her control. ready to work with you to address those And most importantly, Cee has the single- Cee is a blessing; a wonderful leader for the issues which are most essential in health hearted love of children that we believe is parents, children and her staff—I feel proud care reform: access and affordability. Our the most important characteristic of to be a member of her staff. goal should remain clear: maintaining a high Sophie’s own life and legacy. Cee has always based her goals for the quality health care system which allows in- I believe it is this last characteristic that Montessori on the Goals and Criteria. dividuals to get treatment when they need has landed Cee here this evening. Cee has a Cee has led us to be a faculty that values it. I hope I can count on your support to single-hearted love of children that is awe professional growth, love of God and one an- work together on solutions to improve care inspiring for those who work closely with other, and social justice. Cee encourages teachers to keep up on all at the same time as providing sustainability her and for those whose children have been the newest information in teaching and often in essential programs like Medicaid through in the pre-school and kindergarten. If you gives us professional articles, internet sites, sound financing options at the state and fed- speak to children who attended our Montes- and always encourages us to attend classes eral levels.Thank you for your consideration sori program they will tell you that they love Ms. Salberg. One high school student and workshops. and support. Cee has a professional commitment to get Sincerely, told me that Ms. Salberg is the kindest woman that she knows. to know each student at the Montessori. She CHARLIE CRIST, However, let me get something clear from spends from 12:15p.m. to 1:00 p.m. at recess Governor, Florida. the beginning. I am not suggesting that Cee each day, observing and interacting with the f is touchy-feely or that she has never been ac- children. Cee always encourages early intervention TRIBUTE TO CEE SALBERG—RE- cused of being aloof or unfriendly. She is in fact, sometimes scary for parents and other when students are having difficulties so- CIPIENT OF 2009 ST. MADELEINE adults. As Rich Dioli recently said to me, cially, emotionally, or academically. SOPHIE AWARDS, SACRED ‘‘Cee may not say hi to every parent who Most importantly Cee has dedicated her HEART SCHOOLS walks through the door but she knows every years here to boost our financial aid, based kid by name and she is the best educator we on her value of social justice. We now have HON. ANNA G. ESHOO have.’’ I have several funny anecdotes about many wonderful students who would not times when Cee has scared me but I will save have been able to attend Sacred Heart with- OF CALIFORNIA those for her retirement roast in about 15 out Cee’s dedication to financial aid in- IN THE HOUSE OF REPRESENTATIVES years. creases. Wednesday, October 7, 2009 After Cee invited me to introduce her, I am guessing that by now you have gotten which I am sure she is now regretting, I the point. Cee is wonderful. In fact, she Ms. ESHOO. Madam Speaker, I rise today started asking people about her and why sounds almost perfect. So, let me share with to honor Ms. Cee Salberg, a recipient of the they felt that she should be the recipient of you some of her shortcomings. Just kidding prestigious St. Madeleine Sophie Award from this award. I had a great time. People feel Cee. I do, however, want to share with you how Sacred Heart Schools. Established in the year very strongly about Cee and almost every I feel about Cee Salberg. 2000, the St. Madeleine Sophie Award honors person I spoke with, particularly those that It is unlikely that you will ever hear Cee individuals in the Sacred Heart community work in the preschool and kindergarten, give a speech about God, St. Madeleine who have made a sustained and significant made it clear that they are thrilled that she Sophie Barat or the Mission of the School. It contribution to the Schools and embody the is receiving this award. And they feel strong- would surprise me to find Cee in a large ly about her for four reasons: because she Goals and Criteria of a Sacred Heart edu- group talking about the latest instructional loves scotch, because she loves the San Fran- strategies or arguing about pedagogical cation. The individuals honored are selected cisco Giants, because she keeps chocolate by a committee comprised of the senior ad- methods. It is rare that you will find Cee stocked in the faculty room and, most im- making loud protests against injustice. It is ministrative team in conjunction with the Chair portantly, because everything she does— unusual to hear Cee gossiping about a col- of the Board of Trustees and are honored at every day—is about the children that walk league or undermining the work of her peers. a reception and at the Mass of the Holy Spirit, through the doors of the Montessori build- I can almost guarantee that you won’t find the first all-school liturgy of the school year. ing. I was tempted to summarize what people Cee creating arbitrary policies that prevent The recipients will be VIP guests at various said about Cee but perhaps I should just re- a child’s growth. port some of the thoughts that Cee’s col- SHS events throughout the year and featured But in my experience you will . . . leagues have about her. . . Find Cee hugging her students and making in their alumni magazine, The Heart of the Cee has always been available to me when sure that they feel loved. Matter, for their commitment to the mission of I needed advice, a sounding board, or a kind Find Cee allocating resources for teacher Sacred Heart education. shoulder on which to cry. She has helped me development and creating an environment at This year, Cee Salberg was chosen along navigate the Sacred Heart experience. She the Montessori in which student interest with two other distinguished recipients to be has been a constant beacon for all of us. drives student learning and achievement. recognized with the Award for her tireless Cee has a loving and giving heart. She is Find Cee fighting for financial aid and non- committed to the mission of the school; to work as an educator as well as to the Goals tuition related financial aid so that all stu- economic, social, and ethnic diversity and dents have access to a Sacred Heart edu- and Criteria of Sacred Heart Schools. Her she is an educational leader that works very cation. award was presented by Mr. James Everitt, closely with her teachers to ensure that the Find Cee confronting parents and col- who gave this speech at the Awards Cere- students are being loved and having success leagues who do things that don’t build com- mony in tribute to Cee: in the classroom. munity. And, you will find the kind joy and

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2471 laughter in the Montessori building that is at Georgia Tech, my prayers continue to be of these reforms remain unknown and we are at the very heart of building community. with the chapter in Texas for the rebuilding of uncertain of the possible negative impacts And, my favorite, you will find Cee on va- their residence. on local businesses, families and senior citi- cation in the middle of the school year be- Nationally, more needs to be done to im- zens. However, it is clear that these sweeping cause she values balance in her life and she proposals would irresponsibly shift a sub- understands the importance of her family. prove campus-wide fire safety awareness pro- stantial and unmanageable financial burden I was not surprised to learn that Cee was grams so as to prevent the loss of life and to the states. Like Idaho, many states al- nominated and ultimately selected to be one property damage on college and university ready are functioning under severely limited of the St. Madeleine Sophie Award winners. campuses. Many of these fatal fires have oc- and strained budgets. It is certain that the Cee has been an amazing mentor to me and curred in buildings where the fire safety sys- burden of these reforms would be placed I can say from the very depth of my being tems have been compromised, are obsolete, upon the shoulders of hardworking Ameri- that I have learned more from Cee Salberg or have been disabled by occupants. College cans. about teaching and learning and about what The costs associated with these proposed it means to be a Sacred Heart educator than administrations must continue to make stu- reforms are astounding. Conservative esti- from any other person in my career. Cee is a dents aware of the need for automatic fire mates from the Idaho Division of Medicaid woman who St. Madeleine Sophie Barat and alarm systems and the safety they provide to indicate that the bill’s Medicaid eligibility St. Rose Philippine Duchesne would recog- occupants and local fire departments. proposal would increase our state share of nize as one of their own. Madam Speaker, fire safety education is im- Medicaid and the federal matching rate ef- I want to end by reading a nice poem that perative on college and university campuses fective would drop in the middle of fiscal was written by a member of Cee’s staff. across the nation. This resolution encourages year 2011, leaving Idaho struggling to fill the void. Idaho’s tax base could not support this There once was a principal named Cee administrators and municipalities to evaluate large unfunded mandate without resorting to As good at her job as she could be. the level of fire safety being provided in both tax increases, including a possible increase She juggles admins, parents, kids and teach- on- and off-campus student housing. It further in Idaho’s already 6-percent sales tax—an ir- ers, calls upon them take the necessary steps to responsible action which would do serious But she’d rather be cheering in the bleachers ensure fire safe living environments through harm to Idaho taxpayers. The proposed re- For the San Francisco Giants, her favorite forms would impose an undue burden on citi- team. fire safety education, installation of fire suppression and detection systems, and the de- zens already struggling in this difficult econ- Soon, the World Series? Hey, a girl can omy. dream! velopment and enforcement of applicable It has been estimated that combined fed- Cee and Keir travel to many a port. codes relating to fire safety. I urge all of my eral-state Medicaid costs in Idaho could in- And luckily, Janet can hold down the fort. colleagues to support this resolution so that crease by $501 million. In addition, raising At work and at home, Cee has a great crew. we can protect future generations of our na- the Medicaid reimbursement rate to 110 per- She’s the captain, she knows what to do! tion’s leaders from the devastating and poten- cent of the Medicare reimbursement rate For Cee to get this award, we’re all very tially life threatening effects of campus fires. would increase total federal-state costs $50 proud, million more. And not a bit shy to say right out loud: f This proposed change in the federal reim- She deserves this award and can pass any GOVERNORS OF IDAHO, INDIANA, bursement rate likely would reduce the num- test. ber of plans that are offered to persons on All of us know that Cee is the best! AND LOUISIANA EXPRESS CON- Medicare, resulting in increased premiums Cee, it is a true honor and pleasure to be CERNS WITH UNFUNDED MAN- and reduced services and access to service your friend and your colleague. I look for- DATES IN HEALTH REFORM providers. Seniors in rural Idaho already ward to celebrating your retirement with have trouble finding providers who accept you in about 15–20 years. HON. MIKE ROGERS Medicare patients. Congratulations. Should these changes be approved, that OF MICHIGAN trend could continue statewide—severely Madam Speaker, I ask the entire House of IN THE HOUSE OF REPRESENTATIVES limiting access to medical care for some of Representatives to join me in offering our con- Wednesday, October 7, 2009 Idaho’s most vulnerable residents. The peo- gratulations to Cee Salberg on the very spe- ple of Idaho have entrusted us with a respon- cial occasion of being chosen for the St. Mad- Mr. ROGERS of Michigan. Madam Speaker, sibility to use our government resources eleine Sophie Award, and for all she does I rise today to express concerns regarding wisely and efficiently. Imposing costly fed- daily to strengthen our community and our health reform proposals which would create eral mandates that cannot be sustained in unfunded state mandates. Legislation currently the long run is an irresponsible violation of country. this public trust. Quite simply, these pro- f before the House would dramatically expand posals are financially irresponsible and the Medicaid program and place over $35 bil- would not adequately address the needs of SUPPORTING CAMPUS FIRE lion in new liabilities on state budgets over the senior citizens and other vulnerable groups. SAFETY MONTH next ten years. In addition, these proposals I encourage you to join me in opposing cur- would expand the federal government’s role in rent health care reform proposals. By ending SPEECH OF administering Medicaid, which would severely these nonsensical debates and stopping the handcuff states’ ability to run their own pro- proposed reforms, we can move forward in a HON. PHIL GINGREY more positive, measured and reasonable di- OF GEORGIA grams and preempt state authority to manage rection, using common sense to find a work- IN THE HOUSE OF REPRESENTATIVES Medicaid eligibility and benefits. able healthcare solution that benefits all Over the last several weeks, governors Americans. Tuesday, October 6, 2009 have expressed concerns over these pro- As Always—Idaho ‘‘Esto Perpetua’’, Mr. GINGREY of Georgia. Madam Speaker, posals. I would like to submit for the record C.L. ‘‘BUTCH’’ OTTER, I rise today to express my support for H. Res. the following letters from the governors of Governor, Idaho. 167, a resolution that supports the goals and Idaho, Indiana, Louisiana and Minnesota: SEPTEMBER 8, 2009. ideals of recognizing September as Campus SEPTEMBER 15, 2009. Hon. RICHARD LUGAR, Fire Safety Month. This recognition would both Hon. MIKE CRAPO, Hart Senate Office Building, Washington, DC. heighten awareness and encourage improve- U.S. Senate, Dirksen Senate Office Building, DEAR SENATOR LUGAR: During your sum- ments in the overall safety on our college and Washington, DC. mer recess I am sure that many, if not all of university campuses. DEAR SENATOR CRAPO: Idaho has a proud you heard from your constituents regarding history of fiscal responsibility, ensuring that Since January 2000, 129 people including health care reform. our State government serves its proper role I have heard from them as well. In fact, students, parents, and children, have died in for the people of Idaho while staying within over the past few months, I have watched student housing fires, many of which were their financial means. As the United States Americans come forward to passionately ex- preventable. Currently a majority of college Congress attempts to address the healthcare press their anxieties about the legislation students live off campus, and eighty percent of challenges facing our nation, it is important currently making its way through Congress. these deaths have occurred in off campus that we remain diligent in assessing the im- Their worries are well-founded. housing. One recent example is more per- plications of our decisions, always ensuring There is no disputing the fact that aspects sonal for me. Over the 2008 Christmas break, that we take seriously our duty to safeguard of American health care, such as access and the financial resources of the American pub- affordability, truly do need to be restruc- there was a suspected arson at the Sigma Nu lic, and allocating taxpayer money in an effi- tured and improved. Yet, I have serious con- fraternity house at Texas A&M University. cient and effective manner. cerns about Congress’s proposed solutions to Thankfully, no one was residing in the house As revised healthcare proposals continue these problems. In fact, I fear the current at that time, but as a Sigma Nu from my days appearing in Congress, the full consequences rush to overhaul the system will ultimately

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2472 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 do more damage than good and create far can help improve the cost and quality deliv- containing costs for the vast majority of more problems than it solves. ered in the Medicaid program. This waiver Americans who already have insurance. And unfortunately, Indiana would bear the proposes national best practices of coordi- Those costs will not be contained by a mas- brunt of many of the reckless policies being nated care, medical homes, provider pay- sive expansion of federal programs. proposed. For example, our Healthy Indiana ment reform, electronic medical records, and Massachusetts’s experience should caution Plan (HIP), an innovative and successful consumer incentives to manage cost and im- Congress against focusing primarily on ac- state sponsored health insurance program prove quality. This proposal can help im- cess. While the Massachusetts plan has re- for uninsured citizens, would suffer greatly prove the efficiency in Medicaid and utilize duced the number of uninsured people, costs as Congress expands Medicaid coverage, forc- those savings, along with the shifting of DSH have been dramatically higher than ex- ing many of the Hoosiers already enrolled in dollars from expensive hospital based care to pected. The result? Increased taxes and fees. HIP out of the plan and into a broken Med- community based outpatient care, to expand The Boston Globe has reported on a current icaid program that does not focus on preven- coverage through private insurance to tens short-term funding gap and the need to ob- tion, healthy lifestyles, or personal responsi- of thousands of adults in our state. tain a new federal bailout. bility. Again, I ask that you consider the budg- Imagine the scope of tax increases, or addi- Additionally, states will likely have to etary pressures being felt by Louisiana and tional deficit spending, if that approach is pick up the tab for this extension of Med- many other states and avoid passing any utilized for the entire country. icaid. We have estimated that the price for health care legislation that would serve as Indiana could reach upwards of $724 million an unfunded mandate to the states. annually. These additional costs will over- Best regards, f whelm our resources and obliterate the re- BOBBY JINDAL, serves we have fought so hard to protect. Governor, Louisiana. IN HONOR OF THE CALIFORNIA While these reforms could do serious dam- UNIVERSITY OF PENNSYLVANIA age to our state, I fear they will also have [From the Washington Post, Aug. 3, 2009] STUDENTS, FACULTY, AND STAFF WHO HAVE SERVED OUR harmful consequences all across the country TO FIX HEALTH CARE, FOLLOW THE STATES by reducing the quality and quantity of NATION IN IRAQ available medical care, stifling innovation, (By Governor Tim Pawlenty of Minnesota) and further burdening taxpayers. If you tie money to results, you’ll get bet- There is another way. Americans from all ter results. Unfortunately, government often HON. JOHN P. MURTHA dumps money into programs without regard walks of life and every political stripe should OF PENNSYLVANIA work together with President Obama and to accountability and outcomes. This past Congress to create a set of measured and sen- week, Democrats in Congress have been busy IN THE HOUSE OF REPRESENTATIVES sible reforms that bring down costs, increase tinkering with a Washington takeover of the Wednesday, October 7, 2009 access and portability and stress the impor- health-care system, but perhaps they should tance of innovative state-run health insur- look instead to the states for models of mar- Mr. MURTHA. Madam Speaker, I rise today ance programs. ket-driven, patient-centered and quality-fo- to ask this chamber to recognize the students, The majority of Americans do believe that cused reform. Rather than taking power faculty, and staff at California University of health care reform is needed, but do not be- away from states, federal health-care reform Pennsylvania who have valiantly served their should use the lessons we’ve learned tackling lieve that the legislation currently on offer country in Iraq. Cal. U. students have an ex- is the answer. I agree. And I will do every- this crisis in our back yards. thing in my power to raise these concerns In Minnesota, our state employee health- emplary record of serving our country in times and work with you to find a solution. care plan has demonstrated incredible re- of need and have done so again during the Sincerely, sults by linking outcomes to value. State war in Iraq. MITCH DANIELS, employees in Minnesota can choose any clin- There have been nineteen California Univer- Governor, Indiana. ic available to them in the health-care net- sity students who have been deployed to Iraq. work they’ve selected. However, individuals Furthermore, five members of the staff and who use more costly and less-efficient clinics SEPTEMBER 30, 2009. faculty were also deployed. Many were part of Hon. STEVE SCALISE, are required to pay more out-of-pocket. Not Cannon House Office Building, Washington, surprisingly, informed health-care con- the Pennsylvania Army National Guard 56th DC. sumers vote wisely with their feet and their Stryker Brigade Combat Team, north of Bagh- DEAR CONGRESSMAN SCALISE: I join many wallets. Employees overwhelmingly selected dad. This was the largest National Guard call- of my fellow Republican and Democrat gov- providers who deliver higher quality and up in support of a single operation in the his- ernors in expressing concern with any health lower costs as a result of getting things right tory of the university. I have joined my col- care legislation being signed into law that the first time. The payoff is straightforward: leagues in recognizing the 56th Stryker Bri- would serve as an unfunded mandate to For two of the past five years, we’ve had zero gade by becoming an original cosponsor of H. states. percent premium increases in the state em- Res. 754, which honors the citizen-soldiers of Louisiana is similar to many other states ployee insurance plan. around the country in that we are attempt- Minnesota has also implemented an inno- the National Guard of the State of Pennsyl- ing to address budgetary deficits in large vative program called QCARE, for Quality vania, including the 56th Brigade Combat part by working to streamline government Care and Rewarding Excellence. QCARE Team (Stryker) of the Pennsylvania Army Na- to be more efficient and cost-effective. In identifies quality measures, sets aggressive tional Guard on its return to the United States short, we are trying to emulate many of our outcome targets for providers, makes com- from deployment in Iraq. working families, small businesses and sen- parable measures transparent to the public Madam Speaker, these students, just like iors by watching our spending, doing more and changes the payment system to reward countless others across Pennsylvania and the with less, and making every dollar count. quality rather than quantity. We must stop However, Louisiana’s budgetary situation paying based on the number of procedures rest of the country, are choosing to serve their is uniquely challenged due to an unprece- and start paying based on results. nation and put their own education on hold. dented FMAP rate drop from 72 to 63.1 per- Instead of returning power to patients and I have seen the consequences and effects cent beginning next fiscal year that will cost rewarding positive outcomes, many Demo- of returning home after combat and I am Louisiana at least $700 million annually. crats in Washington want a government-run pleased that Cal. U. has an Office of Veterans This additional cost will place significant plan that would require states to comply Affairs. This office has been instrumental in pressures on our ability to expand our econ- with dozens of new mandates and regula- helping veterans reintegrate into the university omy, create new jobs and protect critical tions. One study by the Lewin Group re- services in our state. cently concluded that an estimated 114 mil- community and has helped to facilitate the Louisiana is proud of its commitment to lion Americans could be displaced from their issuance of G.I. Bill benefits. This is an excel- its citizens’ health in the face of long-stand- current coverage under such a plan, and an- lent way to help those who have given so ing issues of extreme poverty experienced in other study by House Republicans said the much to our country. few other states. Our state is a national plan could result in the loss of up to 5 mil- I wish to conclude my remarks by com- model for insuring children with over a 95% lion jobs over the next 10 years. mending the California University of Pennsyl- rate of child insurance and we were recently In typical fashion, the self-proclaimed ex- vania students, faculty and staff members who recognized for achieving the 2nd highest perts piecing together this Democratic child immunization rates in the nation after health-care legislation are focusing on only have selflessly dedicated themselves to our an intensive state-wide private-public effort. one leg—access—of a three-legged stool that great nation by serving their country. I would My Department of Health & Hospitals has also includes cost and quality. Expanding ac- also like to commend students and university submitted a Medicaid waiver to the US De- cess to health care is a worthwhile goal. But staff and faculty across our great nation who partment of Health & Human Services that equal or greater focus should be placed on have done the same.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2473 RECOGNIZING DYKE MARSH PERSONAL EXPLANATION icaid expenses while providing for essential WILDLIFE PRESERVE services including public education and public safety. HON. STEVE KING While there has been some discussion at SPEECH OF OF IOWA the federal level to assist states in paying for IN THE HOUSE OF REPRESENTATIVES this expansion, my staff learned last week that the Senate Finance Committee is pro- HON. JOHN D. DINGELL Wednesday, October 7, 2009 posing to cap the amount of federal money OF MICHIGAN Mr. KING of Iowa. Madam Speaker, on roll- distributed to the states to pay for this ex- call No. 754, I was unable to reach the House pansion at $40 billion over 10 years. Esti- IN THE HOUSE OF REPRESENTATIVES mates show the cost of expanding the Med- floor to cast my vote before the vote was icaid system to all states at the lowest level, Tuesday, October 6, 2009 closed. or 133 percent FPL, is $30 billion per year. At Had I been present, I would have voted 133 percent FPL, states would be saddled Mr. DINGELL. Madam Speaker, I rise in ‘‘yea.’’ with Medicaid expansion costs in the second strong support of H. Res. 701, honoring the f year of expansion. 50th Anniversary of the Dyke Marsh Wildlife These projections are overwhelming as Preserve. GOVERNORS OF MISSISSIPPI AND Mississippi, like all states, continues to NEBRASKA EXPRESS CONCERNS grapple with budget realities. Our General Fifty years ago, commercial dredging and WITH UNFUNDED MANDATES IN Fund Revenue collections for July 2009 are dumping operations threatened the very exist- HEALTH REFORM 11.27 percent below our estimate. Compared ence of Dyke Marsh. In 1959, Congress des- to the prior year, collections for this July ignated Dyke Marsh as a protected wetland are 21.43 percent or $56.3 million below what habitat, allowing it today to provide a vital HON. MIKE ROGERS was collected in July 2008. During Fiscal OF MICHIGAN Year 2009, Mississippi’s revenue was $390 mil- habitat for over 6,500 species of animals and lion short of the revenue estimate, causing IN THE HOUSE OF REPRESENTATIVES plants, and serve as one of the national cap- most of state government, except for edu- ital area’s most cherished wetland and wildlife Wednesday, October 7, 2009 cation and Medicaid, to take approximately preserves. Mr. ROGERS of Michigan. Madam Speaker, a 6 percent cut in the Fiscal Year 2010 budget. I am proud to have taken part in the des- I rise today to express concerns regarding Our Fiscal Year 2010 budget included $523 ignation of Dyke Marsh. The best times of my health reform proposals which would create million in stimulus funds; otherwise, we life were hunting and fishing with my dad and, unfunded state mandates. Legislation currently would have faced even more significant cuts. later in life, with my children. I want to ensure before the House would dramatically expand It will take our state years to catch up, and others are able to enjoy the outdoors in that the Medicaid program and place over $35 bil- that’s without a $297 million or $333 million lion in new liabilities on state budgets over the Medicaid state-share increase. same meaningful way. Further, the proposed healthcare reform next ten years. In addition, these proposals legislation also includes numerous tax in- This anniversary reminds me of the great would expand the federal government’s role in times John Saylor, Henry Reuss and I shared creases to finance significant expansions of administering Medicaid, which would severely government-run healthcare. Different while working on environmental and conserva- handcuff states’ ability to run their own pro- versions of the House legislation incorporate tion legislation together. They were great grams and preempt state authority to manage a payroll tax on small businesses. Although friends and legislators, and I am proud of what Medicaid eligibility and benefits. the recent House Energy and Commerce we were able to accomplish. John was wise to Over the last several weeks, governors Committee agreement included an 8 percent payroll tax for small businesses with an an- have once said: ‘We are a great people behave expressed concerns over these pro- cause we have been successful in developing nual payroll of $500,000, previous versions posals. I would like to submit for the RECORD taxed small businesses with a payroll of and using our marvelous natural resources; the following letters from the governors of Mis- $250,000. but, also, we Americans are the people we are sissippi and Nebraska: This tax will do nothing more than punish largely because we have had the influence of AUGUST 6, 2009. wage and job growth, especially when you the wilderness on our lives.’ Hon. GREGG HARPER, consider that the tax rate increases as the size of payroll increases. According to the I am also reminded of a quote by another Cannon HOB, Washington, DC. National Federation of Independent Busi- great leader, Winston Churchill. Churchill, as nesses (NFIB), such employer mandates DEAR CONGRESSMAN HARPER: As Congress you know, enjoyed the occasional drink. One debates healthcare reform, I want to raise a could cost 1.6 million jobs with more than 1 day he was meeting with a group of women few issues of concern with the policies being million of those jobs lost in the small busi- who were offended by his consumption of al- considered in both House and Senate bills. ness sector. That means higher taxes for Mississippians, since 96.7 percent of our em- cohol. They said ‘Mr. Churchill, if you lined the Healthcare reform is truly a bipartisan issue; after all, Republicans and Democrats under- ployers are small businesses. In addition, the walls of your office with the alcohol you have Senate HELP Committee proposal requires stand that our healthcare system faces sig- consumed, it would be up to here.’ Churchill employers to offer health coverage to their nificant challenges—from steadily increasing employees and contribute at least 60 percent looked up, thought for a moment, looked at medical costs to confusing insurance provi- of the premium cost or pay $750 for each em- the ladies and said, ’So much to do, so little sions. As the national debate continues, it is time.’ We should be proud of the good our ployee that is not offered coverage. important that everyone realizes the severe Language in the proposed legislation also work towards conservation has done, but re- impact the proposed legislation would have would mandate an individual to purchase member we have more to do on states like Mississippi. health insurance and, should he be unable to As Governor, I am particularly concerned afford such coverage, he’ll be slapped with a The Gentleman from Virginia, Mr. MORAN, is about the direction the Senate and House are to be commended for his hard work in pro- 2.5 percent additional income tax for the cov- taking in regards to Medicaid expansion. In- erage. But the proposed legislation goes even tecting Dyke Marsh and for the good work he stead of discussing policies to reform a bro- further, taxing higher income individuals be- has done from his perch in the House Appro- ken system, the debate in Congress has shift- ginning at $280,000 and families at $350,000 on priations Subcommittee on the Interior. Impor- ed to finding ways to fund an expanded Med- a sliding scale. tant conservation programs are better off be- icaid program at the state level. At the end This language generates a massive tax in- of the day, both the Senate and House pro- cause of his wisdom and diligence. crease on high income filers, more than half posals are unfunded mandates, which, for of whom are small business owners already I also want to take a moment to recognize states like Mississippi, would result in bur- being taxed if they do not provide health in- the hard work of the Friends of Dyke Marsh. densome and costly changes to the system. surance to their employees. A tax increase in This organization, currently under the leader- For example, when we talk about sharing the middle of a recession, with unemploy- the cost of an expanded Medicaid program, ment rising, is not the answer. ship of Glenda Booth, has done a great job of Mississippi would pay another $333 million Besides increasing taxes, the House bill protecting this beautiful space and getting the annually under a larger program covering up cuts Medicare nearly $500 billion. These cuts story of Dyke Marsh out. Friends of Dyke to 150 percent below the Federal Poverty include reductions to Medicare providers and Marsh is an outstanding advocacy organiza- Level (FPL). A Medicaid program covering hospitals, while gutting Medicare Advantage tion and they have much of which to be proud. up to 133 percent FPL expansion would cost by $150 billion to $160 billion. Admittedly, I an extra $297 million. In many states, fund- am baffled as to why Congress would propose I urge all my colleagues to rise and coming the current Medicaid programs robs slicing funding for a program that our sen- memorate the 50th Anniversary of the Dyke other critical programs. The same is true for iors support and that provides for their Marsh Wildlife Preserve. us. Each year we struggle to cover our Med- health and well-being.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2474 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 As Congress heads home for the recess, I state budgets, forcing states to raise taxes. Medicaid, employer mandate, and insurance urge Members to review the proposed legisla- In Mississippi, that would necessarily mean reforms. The single most important concern tion with their state leadership. I am pri- increases in our state income or sales tax was this legislation would be the biggest un- marily concerned about the effect this legis- rates. Mississippi, like so many states, sim- funded mandate on the fifty states in the lation may have on Mississippi’s financial ply can’t afford to pick up the tab for an- history of our country. stability, both now and in the future. These other unfunded mandate passed by Congress. President Obama has told the Governors so-called ‘‘reforms’’ would severely impact Such state tax increases would be on top of that health care reform must not be an un- Mississippi’s budget and our ability to fund the federal tax increases already included in funded mandate for the states. I am in other important priorities, like education the House and Senate bills, like huge tax in- strong agreement that an unfunded health and public safety. Before Congress makes creases on small businesses whether in the care mandate would be unfair to state tax- such sweeping reforms to our healthcare sys- form of an additional 8 percent payroll tax or payers. tem, I implore you to first ensure that these a 5.4 percent income tax surcharge. During a In handout 4, NGA Executive Director Ray changes are efficient and beneficial to our deep recession, when most people believe job Scheppach outlines concerns about Medicaid citizens, without burdening our states creation and economic growth should be top in the context of health care reform. He indi- through unfunded mandates. priorities, huge tax increases will make it cates that if the Medicaid expansion becomes Sincerely, more expensive to employ people; con- an unfunded mandate, states are likely to re- HALEY BARBOUR, sequently, employers will employ fewer peo- duce their investments in education. That Governor, Mississippi. ple. would be very unfortunate and as Scheppach Medicare, the nation’s largest provider of writes ‘‘Reducing state education invest- health coverage for the elderly and people SEPTEMBER 8, 2009. ment will lower U.S. competitiveness, pro- with disabilities covering over 46 million Hon. ROGER WICKER, ductivity and real income of U.S. citizens. Americans, is on the chopping block. CBO U.S. Senate, Russell Senate Office Building, This is not good long-run policy for the Washington, DC. has estimated that provisions in H.R. 3200 would lead to a total of $162.2 billion in cuts U.S.’’ DEAR SENATOR WICKER: Governors across While I have other concerns about health the nation are growing increasingly con- being taken from Medicare Advantage plans. This $162.2 billion impacts 11 million people care reform, one of the most troubling as- cerned about the financial strain rising pects is the potential for an unfunded man- healthcare costs are putting on state budg- and represents nearly $15,000 in new costs passed to every Medicare Advantage senior date on the states. I strongly urge you to ets. During the National Governors Associa- avoid an unfunded mandate on the states. tion (NGA) meeting in July, governors—both beneficiary. These harmful and arbitrary cuts could result in Medicare Advantage Thank you. Republicans and Democrats—formalized Sincerely, their opposition to current Congressional re- plans dropping out of the program, harming beneficiary choice, and causing millions of DAVE HEINEMAN, form proposals by issuing a policy opposing Governor, Nebraska. unfunded mandates that shifts costs to the seniors to lose their current coverage. More- states. This will necessarily require almost over, the bill grants federal bureaucrats the f all states to raise taxes to manage this bur- power to eliminate the Medicare Advantage program entirely, making the oft-repeated FORMER CONGRESSMAN den. In Mississippi, the issue of Medicaid ex- BRADEMAS AWARDED HON- pansion hits close to home, since our state’s statement, ‘‘if you like your plan you can share of the Medicaid program is currently keep it,’’ ring hollow for seniors. ORARY DEGREE BY THE AMER- Lastly, if we are trying to make health $707 million, or 12 percent of a $5.87 billion ICAN COLLEGE OF GREECE care more affordable, how do you leave out state supported budget, which includes tem- tort reform? After all, litigation and the re- porary stimulus funds. HON. JOHN P. SARBANES Nevertheless, the current proposals, both sulting practice of defensive medicine add OF MARYLAND in the House and Senate, will expand the tens of billions to the cost of health care. In Mississippi we passed comprehensive tort re- Medicaid program at additional costs paid IN THE HOUSE OF REPRESENTATIVES form in 2004, partially to stop lawsuit abuse not by the federal government, but passed in the area of medical liability. It worked. Wednesday, October 7, 2009 down to the states. After a call with the gov- Medical liability insurance costs are down 42 ernors representing the NGA Healthcare Mr. SARBANES. Madam Speaker, I am percent, and doctors have received an aver- Task Force and the Senate Finance Com- pleased to note that on June 27, 2009, our age rebate of 20 percent of their annual paid mittee, Chairman Baucus told the news distinguished former colleague in the House of premium. The number of medical liability media it would be impossible for the federal lawsuits against Mississippi doctors fell al- Representatives, Dr. John Brademas, was government to pick up all the costs for new most 90 percent one year after tort reform awarded the honorary degree of Doctor of Medicaid recipients; thus, states would have went into effect. Doctors have quit leaving Laws by The American College of Greece. to bear some of the costs. the state and limiting their practices to John Brademas was the first Greek-Amer- Why? Although CBO appears to estimate avoid lawsuit abuse. ican elected to the United States House of that H.R. 3200 will cost more than $1 trillion With all the issues concerning a govern- over the next ten years, the fine print re- Representatives and as such this honorary de- ment-run health care system, I wanted to gree from The American College of Greece veals the true cost would be much higher. By warn you of the state tax increases Mis- imposing tax increases early in the budget sissippi will shoulder on top of the federal has particular symbolic resonance. I add, how- window, before the bulk of the spending oc- tax increases in the pending bills as well as ever, that this is the 55th honorary degree re- curs, the true cost of the bill is hidden by my concern for the increased costs our sen- ceived by Dr. Brademas. budget gimmickry. Delaying the implemen- ior citizens will face as Medicare Advantage Madam Speaker, the remarks of Dr. tation of the program until the fourth year is cut. Congress must slow down and work in Brademas at The American College of Greece also uses budget tricks effectively to hide a bipartisan manner. Everybody agrees that the immense long-term cost of this proposal. on June 27, 2009 follow. health reform is needed, but it should be JUNE 27, 2009. CBO has projected a 10 year deficit of more done thoughtfully. I hope you’ll keep this REMARKS OF DR. JOHN BRADEMAS, PRESIDENT than $200 billion associated with the bill as important information in mind when pro- EMERITUS, NEW YORK UNIVERSITY, NEO is. However, when the full cost of the bill is posals that shift costs to states or to our FALIRO, PEACE AND FRIENDSHIP STADIUM, taken into account after it is fully imple- senior citizens are considered. ATHENS, GREECE mented, the spending in the bill skyrockets Sincerely, to nearly $2 trillion over 10 years (2014–23) HALEY BARBOUR, Father Constantinos, President Horner, Dr. with a deficit of more than $600 billion. I Governor, Mississippi. Sue Horner, Consul General McKeever, Chan- have included an attachment showing the cellor Bailey, chairman Peter Thun of the scoring of H.R. 3200 the only comprehensive JULY 21, 2009. Board of Trustees, Senior Vice President health care reform bill CBO has scored. Hon. BENJAMIN NELSON, Protopsaltis, fellow honorees, members of According to the National Association of U.S. Senator, Hart Building, Washington, DC. the faculty and graduating students of The State Budget Officers, Medicaid expenses in Hon. MIKE JOHANNS, American College of Greece. 2007 for federal and state government com- U.S. Senator, Russell Senate Office Building, It is for more than one reason that I count bined were $336 billion. This number is pro- Washington, DC. the award I have just received among the jected to reach $523 billion by 2013, a 56 per- DEAR SENATOR NELSON AND SENATOR great honors of my life, and I’m especially cent increase in just six years. Should the re- JOHANNS: I just returned from the National pleased that my wife, Mary Ellen, a prac- forms being debated in Congress become law, Governors Association meeting and much of ticing physician, was able to break away Mississippi would be saddled with an average the discussion among Governors was about from New York City to join us here. increase of $360 million in additional costs, health care. As former Governors, I thought In the first place, this is a degree from The on top of the already $707 million it costs to you might appreciate the information that American College of Greece. As you know, fund Mississippi’s annual state share of the we received from the NGA staff. Attached my late father, Stephen J. Brademas, was Medicaid program. These proposals, which are seven handouts. born in Greece—in Kalamata—and my two would cover all individuals at 133 percent The handouts and discussion among Gov- brothers and sister and I were all raised to be federal poverty level (FPL), will burden ernors reflect concerns about funding, cost, deeply proud of our Hellenic heritage.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2475 ‘‘Be proud that you are an American’’, my in which I describe my experience as a Mem- ports of Long Beach and Los Angeles. Unfor- father used to say, but ‘‘be proud, too, that ber of Congress in writing legislation to as- tunately, the ports are also home to emissions you are a Greek!’’ sist schools, colleges and universities; the generated by the short-haul transport of All four of the Brademas children were students who attend them; and measures to deeply conscious of the importance of our assist libraries and museums. goods. The neighborhoods surrounding the Greek background. I move ahead, In 1980, as a result of the ports of Long Beach and Los Angeles are dis- Here let me say how pleased I am that my landslide victory of Ronald Reagan, I lost proportionately impacted by the air pollution cousin, Anna Bredima, General Counsel for my race for reelection to a twelfth term. caused by trucks and suffer from associated the Union of Greek Shipowners, is here Shortly thereafter, I was invited to become health problems including emphysema, asth- today with her two children, Evangelo and president of New York University, the larg- ma, and cancer. Ersiliana. est private, or independent, university in the Successfully addressing localized air pollu- Anna, by the way, is a graduate of Pierce United States. In 1991 I became president College. tion and climate change will require a national emeritus, my present responsibility, so now strategy and a federal framework to coordinate Although my mother was not of Greek de- I’m only going some twelve hours a day! scent she was, like her father, a teacher—and If I were to single out one dimension, of implementation of air quality goals. Cities, that fact emphasizes another dimension of my commitment to strengthening New York local communities and local government can his Greek ancestry that my father used to University, it would be that I gave particular and should play a role in our national strategy. press upon his children—the importance of attention to building our programs for the As seen by the Clean Truck Program’s suc- learning, of knowledge, of education. study of other countries and cultures, not cess, local governments are already making A second dimension of the history of only through programs in New York City but important contributions to federal efforts to im- Greece that my father and I often discussed centers abroad as well. Much of the responsi- was democracy. ‘‘We Greeks invented democ- prove air quality. On October 1, 2008 the ports bility of an American university president of Long Beach and Los Angeles implemented racy!’’ my father reminded us, and said that focuses on fundraising, both from the Fed- some of us should still practice it. eral government and private sources. So I a ban on trucks with model years prior to Accordingly, after graduating from Har- pressed hard, and, I believe, effectively, to 1989. Today, port officials estimate that ap- vard University and one year of postgraduate bolster the financial situation of New York proximately 1,500–2,000 ‘‘dirty’’ diesel trucks study there, I went to England, on a Rhodes University. have been removed from drayage operations. Scholarship, to study at Oxford University. I must add just a word about my present The new trucks that replaced them generate At Oxford, I wrote a doctoral dissertation on initiative, another strongly shaped by my 90 percent fewer emissions than the old dirty the anarchist movement in Spain but I like Greek origins, the establishment at NYU of to note that although I studied anarchism, I diesels. the John Brademas Center for the Study of Beyond cleaning the air the Clean Truck did not practice it! Congress, of Congress as a policy-making in- For on my return to my hometown in Indi- stitution. Program has successfully stimulated local ana, I immediately plunged into politics and Let me explain that unlike parliamentary economic activity. The program’s financial in- became a candidate for election to the Con- institutions in Europe, the Congress of the centives have stimulated $500 million in pri- gress of the United States. Just old enough— United States has great power, in addition to vate investment. Nationwide, new truck sales 25—under our Constitution to be a candidate, that of the President of the United States, to are down 60 percent. In contrast, truck dealers I lost my first race by half a percent. Natu- make national policy. But with 100 Senators rally, I ran again, two years later, but lost a near the ports of Long Beach and Los Ange- and 435 Representatives and without the second time. Undaunted, I was first elected, les have reported a 33 percent year over year party discipline characteristic of parliamen- on my third attempt, and then ten times re- increase in sales due to the financing made tary systems, it is not easy for even in- elected. So I served as a Member of Congress formed Americans to understand Congress. available by the Clean Truck Program. These for 22 years. So we are, with the establishment of the new truck sales include the sale of several liq- In the House of Representatives, I gave John Brademas Center for the Study of Con- uefied natural gas trucks, which draw upon particular attention to writing legislation to gress at New York University, creating an one of America’s greatest energy assets. support schools, colleges and universities; institution that will bring together Sen- Almost 800 trucking companies have em- and the students who attend them; to meas- ators, Representatives, scholars and citizens ures to help libraries and museums; and the braced the program’s financial incentives, re- to discuss the ways in which our national arts and the humanities, generally. sulting in the deployment of more than 5,000 In my last four years as a Member of Con- legislature makes national policy and ways 2007 EPA compliant trucks. At the program’s gress, I was the Majority Whip of the House of improving the system. current pace, the ports estimate that by Janu- Now, ladies and gentlemen, from what I of Representatives, an assignment that ary 2010, more than 90 percent of the cargo brought me every other week, with Speaker have told you, I hope you can see that I have inherited from my Greek father at least two transit at port terminals will be made by trucks of the House of Representatives, ‘‘Tip’’ meeting USEPA 2007 heavy duty truck emis- O’Neill of Massachusetts, and the other dimensions of the extraordinary contribu- Democratic Leaders of the House and Senate tions of Hellenic civilization to today’s com- sions standards. This achievement will allow to breakfast at the White House with Presi- plex world: first, respect for learning, for the ports to meet their 2012 goal of 80 percent dent Jimmy Carter arid Vice President Wal- education; and second, respect for politics, emissions reductions from overall drayage op- ter Mondale. All Democrats, we talked poli- for democracy. erations two years ahead of schedule. tics and policy. So even as I pay tribute to two distin- The ports of Long Beach and Los Angeles guished persons you are also honoring here It was, of course, while a Member of Con- Clean Truck Program has been a tremendous gress that I became deeply involved in the today, Andrew Athens, a valued friend of many years and an outstanding leader of the success and has brought economic and envi- issue of Cyprus, a matter that continues to ronmental benefits to the Area. I congratulate preoccupy me. I worked closely then with Greek-American community; and Mikis my valued friend, also a Rhodes Scholar at Theodorakis, musician, scholar, public serv- the ports on the first year of an innovative so- Oxford, and the first Greek-American elected ant, I reiterate how deeply touched I am to lution, and I optimistically look forward to the to the United States Senate, Paul S. Sar- receive an honorary degree from The Amer- results of the program next year. ican College of Greece. banes. And I’m pleased to note that Paul’s f son, John Sarbanes, now serves in the United f States House of Representatives. RECOGNIZING THE IMPORTANCE As I am the son of a Greek immigrant, I RECOGNITION OF THE ANNIVER- OF CLINICAL TRIALS THAT FO- am pleased to call your attention to another SARY OF THE CLEAN TRUCK CUSED ON WOMEN AND PEOPLE son of Greek immigrants, both his father and PROGRAM OF COLOR IN THE UNITED mother. I speak of Peter C. Peterson, the STATES highly successful and highly respected Amer- ican business leader and public servant. HON. LAURA RICHARDSON Peter G. Peterson, co-founder of Blackstone OF CALIFORNIA HON. MICHAEL M. HONDA Group and former Secretary of Commerce, IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA has just published a fascinating book, The IN THE HOUSE OF REPRESENTATIVES Education of an American Dreamer, which I Wednesday, October 7, 2009 am pleased to present to President Horner Ms. RICHARDSON. Madam Speaker, I rise Wednesday, October 7, 2009 for the College library. Your faculty and stu- today to applaud the economic and environ- Mr. HONDA. Madam Speaker, people of dents will find the story of this remarkable mental benefits the landmark Clean Truck Pro- color, both women and men, have historically son of Greek immigrants inspiring, I am confident. gram has brought to southern California during been underrepresented in the medical profes- More modestly, I am pleased also to its first year. sion, biomedical and biotechnology research, present a book of my own to The American California is home to one of our nation’s and clinical trials in the United States. As we College of Greece, The Politics of Education, largest and most vibrant economic hubs: the move toward an era of personalized medicine,

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2476 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 we realize that small differences between peo- affected communities. As Congress moves for- As we develop more specific information, I ple become critically important in devising ward with health reform, with outcome and ef- will be providing you with our best estimates more effective, tailored treatments to improve fectiveness-based reimbursement models, we of the magnitude of the impact on Nebraska. Thank you for your attention to this matter. and extend quality of life while helping doctors must strongly encourage the expansion of ef- Sincerely, and patients better prevent and treat disease. forts industry and academia are making to re- DAVE HEINEMAN, Language and cultural barriers, stigma about flect the diversity of our nation in their work- Governor, Nebraska. participating in studies, and a historical lack of force and clinical trials. diverse community involvement in clinical trials f SEPTEMBER 30, 2009. by industry must be overcome so that all of KATHLEEN SEBELIUS, our communities can be assured that they PERSONAL EXPLANATION Secretary of Health and Human Services, Hu- equally participate in the future of medicine. bert H. Humphrey Building, Washington To address this problem, we need more DC. HON. RON KLEIN DEAR SECRETARY SEBELIUS: As Congress studies that reflect the changing face of the OF FLORIDA and the Administration work through the HIV/AIDS and other epidemics, both on effec- IN THE HOUSE OF REPRESENTATIVES various versions of health care reform cur- tive messaging and education campaigns for Wednesday, October 7, 2009 rently moving through the legislative proc- the diverse group of affected individuals and ess, we ask that you carefully consider the on possible vaccines. One notable example of Mr. KLEIN of Florida. Madam Speaker, I following issues. this kind of effort is the Gender Race and Clin- would have voted on September 15, 2009 First, having served as chief executive of a when I was unavoidably detained as follows: state yourself, I am sure you are mindful of ical Experience (GRACE) study conducted by the growing concern among the nation’s gov- Tibotec Therapeutics, part of the Johnson & Had I voted, I would have voted ‘‘yes’’ on rollcall No. 702. ernors about the risk to states of including Johnson family of companies. The GRACE unfunded mandates in national healthcare study, findings from which were recently pre- f legislation. States are constitutionally man- sented at the International AIDS Society con- GOVERNORS OF NEBRASKA, dated to balance their budgets, which means that any shortfalls caused by unfunded fed- ference in South Africa, is the largest study to NORTH DAKOTA, NEVADA, AND date to examine gender and race differences eral mandates could force increases in taxes, RHODE ISLAND EXPRESS CON- a reduction in services or both. This poten- in response to an HIV therapy. In addition, the CERNS WITH UNFUNDED MAN- tial is especially troubling at a time when trial was designed to help overcome some of DATES IN HEALTH REFORM states are financially struggling. the barriers, identified by the advisors, which We cannot be certain what form evolving have historically deterred women and people HON. MIKE ROGERS legislation will take, and what the impact of of color from participating in clinical studies, that final legislation will be on state budg- OF MICHIGAN including stigma, lack of child care, transpor- ets. For that reason, we, along with the Na- IN THE HOUSE OF REPRESENTATIVES tation and personal support systems. Based tional Governors Association, urge extreme Wednesday, October 7, 2009 caution in moving forward with any plan upon advisor and community input, study par- that would commit the states, without their ticipants could obtain assistance to cover Mr. ROGERS of Michigan. Madam Speaker, express participation and consent, to obliga- costs associated with their participation in the I rise today to express concerns regarding tions that may financially bind them for dec- study, including funds for travel and childcare, health reform proposals which would create ades into the future. as well as food vouchers. Through innovative unfunded state mandates. Legislation currently Second, it is important that any strategies like these, the GRACE study was before the House would dramatically expand healthcare reform plan passed by Congress and signed by the President reward the able to enroll seventy percent women, sixty the Medicaid program and place over $35 bil- states for good Medicare and Medicaid out- percent African Americans and twenty-two lion in new liabilities on state budgets over the comes. North Dakota health care providers, percent Latinos. I believe that the GRACE next ten years. In addition, these proposals for example, consistently provide low-cost, study is significant for reasons beyond just its would expand the federal government’s role in high-quality healthcare, yet have the lowest clinical results. Studies like this, which are de- administering Medicaid, which would severely reimbursement rates in the nation. Any resigned to overcome the barriers to participa- handcuff states’ ability to run their own pro- form of the system must have incentives for tion and engage affected communities and grams and preempt state authority to manage good performance and cost-effectiveness. Notwithstanding these issues, like Ameri- providers show that with greater industry ef- Medicaid eligibility and benefits. cans everywhere, we too are concerned about fort, meaningful numbers of women and racial Over the last several weeks, governors rising healthcare costs and the need to pro- and ethnic minorities can be enrolled in impor- have expressed concerns over these provide access to affordable, high-quality tant clinical trials. posals. I would like to submit for the RECORD healthcare for our citizens. Congress and the For example, studies in the United States the following letters from the governors of Ne- Administration should be looking at a range and across the world are seeking an answer braska, North Dakota, Nevada and Rhode Is- of reforms chat can deliver meaningful and to the devastating HIV/AIDS epidemic. The land: almost immediate benefits for our healthcare system. These include measures, epidemic is changing its face, spreading into SEPTEMBER 16, 2009. among others, like tort reform for medical new populations and presenting new chal- Hon. BENJAMIN NELSON, liability; tax credits to help make insurance lenges to education and outreach efforts. In U.S. Senator, Hart Building, Washington, DC. more affordable; providing transparency in the United States, women are increasingly af- Hon. MIKE JOHANNS, billing; ensuring healthcare insurance port- fected by HIV/AIDS, accounting for more than U.S. Senator, Russell Senate Office Building, ability; and limiting denials for preexisting one quarter of all new HIV/AIDS diagnoses, Washington, DC. conditions. DEAR SENATOR NELSON AND SENATOR with African American and Latina women rep- Clearly, healthcare reform is needed. On JOHANNS: I am writing to alert you that the that matter there is no disagreement, but it resenting seventy-nine percent of women liv- analysis provided by the staff to the mem- needs to be done right. To that end, I do hope ing with the disease. HIV/AIDS disproportion- bers of the NGA Health Care Reform Task that you will keep in mind OUR concerns ately impacts our African American and Latino Force indicates that the Chairman’s Mark and recommendations as you consider pro- communities, and the infection rate is rising released by Senator Baucus this morning posals to improve America’s healthcare sys- among Asian American and Pacific Islanders contains a new unfunded Medicaid mandate. tem. as well. In my home state of California, there Earlier this year I wrote both of you express- Sincerely, ing my concern that this might occur as part are almost 150,000 people living with AIDS, JOHN HOEVEN, of health care reform. Governor, North Dakota. and Latinos represent about one-quarter of I greatly appreciate the fact that both of these cases. There are over 60,000 people liv- you have repeatedly expressed concerns SEPTEMBER 11, 2009. ing with HIV/AIDS in the greater Los Angeles about the negative impact that health care Hon. HARRY REID, area alone. In terms of new HIV infections, reform could have on the Federal deficit and Senate Majority Leader, U.S. Senate, Wash- Latina women are infected at a rate almost the State budget. As former Governors you ington, DC. four times as high as white women. African understand the impact that Medicaid has on DEAR SENATOR REID: It has been clear from Americans in my district are also highly im- state spending. This new unfunded federal the early days of the 111th Congress that Medicaid mandate could result in higher health insurance reform will be a top pri- pacted by HIV/AIDS. taxes on Nebraskans or in cutting state aid ority for lawmakers this year. Comprehen- I commend Tibotec Therapeutics, Johnson to Nebraska’s school districts as well as sive reform should lower health care costs & Johnson, and all researchers and compa- state appropriations to our universities, while increasing insured populations, quality nies actively engaged in diversifying their clin- state colleges and community colleges. This of care, and point-of service accessibility for ical trials and creating new relationships with proposal is not in Nebraska’s best interests. all Nevadans.

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One common thread appears throughout SEPTEMBER 25, 2009. I hope you will ensure that any legislation recent legislative proposals: the expansion of Hon. JACK REED, enacted by Congress does not include addi- Medicaid as a central ‘‘reform’’ component. Senator, U.S. Senate, Hart Building, Wash- tional mandates on states, or at the very Simply put, the expansion of existing ington, DC. least compensates states fully for those it healthcare programs is not authentic reform DEAR SENATOR REED: I appreciate your does impose, including the administrative and further, places the cost burden to the work and that of your colleagues in the Con- costs associated with expansion. Addition- states at a time when states can ill afford it. gress to craft legislation to reform the ally, providing states with the flexibility health care system in America. As you they need to implement the relevant provi- It is essential that Congress take the time know, Rhode Island took on reform last sions of reform should be a top priority to examine all possible options for health in- year, albeit on a smaller scale, as we devel- today and in the future. surance reform in order to find sustainable oped and pursued approval of our There are better ways to reform America’s long-term solutions. Lowering healthcare groundbreaking Global Consumer Choice health care system, and I hope that Presi- costs and reforming the healthcare system is Waiver. dent Obama and Congress will work with possible without unfunded mandates or Med- One of the primary reasons the State pur- Governors, providers, consumers and others icaid expansions forced on the states. While sued the Global Waiver is that federal Med- to bring about sensible reforms that increase certain changes to the current Medicaid pro- icaid rules often limit the ability of the quality, contain costs and ensure portability gram could advance the overall function of states to adapt to fiscal realities and the of health care. health insurance reform, expansion of the complex and changing needs of beneficiaries. Sincerely, program without a permanent funding mech- It is difficult to deliver vital services to the DONALD L. CARCIERI, anism is not something that any state can beneficiaries and be fair to all taxpayers Governor, Rhode Island. support, nor is it a viable solution. when the federal government denies us the f As you know, unlike the United States flexibility to effectively structure and man- Constitution, most state constitutions re- age a program representing such a signifi- CONFERENCE REPORT ON H.R. 3183, quire a balanced budget, including Nevada. cant financial investment. ENERGY AND WATER DEVELOP- In Nevada, we will spend nearly $907,000,000 I am extremely concerned that several of MENT AND RELATED AGENCIES for Medicaid programs in Fiscal Years 2010 the health reform initiatives recently intro- APPROPRIATIONS ACT, 2010 and 2011. This accounts for 13.8 percent of our duced in Congress will prevent Rhode Island from fulfilling the Global Waiver’s promise. General Fund budget. Any further expansion SPEECH OF Such initiatives will further strain the of this program would be another great ex- state’s budget at a time of great fiscal uncer- ample of Washington playing budget games HON. RUSH D. HOLT tainty and impose even more debt on our OF NEW JERSEY by passing on costs to the state—this is un- children, grandchildren and great grand- realistic in the current economy and as a IN THE HOUSE OF REPRESENTATIVES children. long term resolution. Therefore, I ask for your support and that Thursday, October 1, 2009 Additional expansions of the Medicaid proof all members of the Rhode Island Congres- Mr. HOLT. Madam Speaker, I rise in sup- gram will force Nevada into deep cuts in sional Delegation, to preserve the innovative port of the conference report on the Fiscal other programs and services which are not health care initiatives now under way in Year 2010 Energy and Water Development federally mandated in order to balance our Rhode Island and in many other states. I ask and Related Agencies Appropriations Act. Pro- that you reject any reform proposals that General Fund. In the current fiscal year grams funded under this legislation range from gaming revenues are down 12.5 percent, and impose additional financial burdens on the sales tax revenues are down 20 percent. By states and the people and communities we nuclear weapons and nonproliferation capabili- overriding my veto, the 2009 Nevada Legisla- serve or that otherwise limit our capacity to ties to basic research on current and next ture passed substantial tax increases to bur- meet our constituents’ needs. generation energy sources and distribution den our already beleaguered citizens. As originally proposed, the Senate Finance technologies. I am pleased that the con- bill required a significant portion of the Many current proposals also include sig- ference agreement before us today reflects a costs for covering the uninsured through strong commitment to our nation’s needs in nificant cuts to the Medicare program. Ne- Medicaid to be paid by lower and middle in- vada’s growing senior population is fright- come taxpayers and the states. I am aware these areas. ened by the proposed $162,200,000 reductions that changes in the proposed legislation pro- I believe that nuclear proliferation is the sin- which will impact an estimated 11,000,000 vide, at least temporarily, additional fund- gle greatest threat to global peace and secu- seniors. Harmful and arbitrary cuts to Medi- ing for the required Medicaid expansions to rity. The United States should be leading ef- care Advantage may result in plans dropping ‘‘high need’’ states like Rhode Island. How- forts to eliminate nuclear weapons and secure out of the program, limiting beneficiary ever, full federal funding will only be avail- loose or inadequately safeguarded nuclear choice, and causing millions of seniors to able for a limited period and would cease at material. That is why I am very pleased that lose their current coverage. These proposals the very time population projections esti- must be stopped. the conference agreement increases our in- mate we will begin to see a surge in Medicaid vestment in nonproliferation programs to $2.1 Nevadans cannot afford more taxes. Now is eligibility for elders. It is unclear how the not the time to place unfunded Medicaid or state or federal government will be able to billion, including a 43 percent increase in fund- other mandates on the states. By expanding sustain these Medicaid expansions in light of ing for International Nuclear Material Protec- Medicaid programs, the United States Con- these projections and at a time of decreasing tion and Cooperation. These funds will im- gress will be forcing the State of Nevada into revenues and sky-rocketing deficits. The prove our ability to stop illicit nuclear trafficking deep budget cuts in other state programs. I House legislation imposes burdens on state and prevent terrorists from gaining access to do not believe that any child’s education budgets and working Americans that are un- unsecured nuclear material around the world. should be placed on the chopping block to acceptable. Equally important is the fact this agreement Likewise, there still remain Medicaid eligi- fund these new programs, but we will face exceeds the budget request for weapons dis- that dilemma if these proposals of the Demo- bility and coverage mandates that will limit cratic Congress are enacted. the flexibility of the states to operate finan- mantlement and disposition, reflecting a dedi- cially sound, sustainable programs. More- cation to reduced U.S. nuclear weapon stock- Health insurance reform should be ad- over, ongoing health reform efforts, such as piles. dressed in a cooperative manner by both the those now under way in Rhode Island, may The conference agreement also maintains federal and state governments. If states are be hampered as limited administrative re- treated as partners—not pawns—we can work significant investments in Department of En- sources are diverted to finance the mandated to enact important reforms in concert with ergy research and development programs that expansions. Federal oversight of the Med- federal efforts. State-enacted caps on med- are critical to placing our nation on a path to- icaid program should be streamlined, and ical malpractice lawsuits, for example, ward a sustainable energy future. The support allow for far greater innovation at the state would have a transformative impact on the level. for energy efficiency and renewable energy re- health care and health insurance industry in As a Governor, I am particularly concerned search in this legislation will help us develop each state, cutting costs for consumers with- about the prospect of additional ‘‘short-term new, less expensive ways to produce and use out negatively affecting the stability of our funded’’ federal Medicaid mandates. The energy. Funding for electricity delivery and re- current health care industry. Medicaid program itself is expensive, pro- liability will allow us to begin modernizing and I am ready to work with my fellow Gov- vider-centered, inefficient, slow to innovate securing our aging electrical grid against inter- ernors and the U.S. Congress in order to sup- and, as such, ultimately unsustainable. For nal and external threats. The $4.9 billion in port sensible, accountable, and workable these reasons, the Medicaid program is hard- health insurance reform that helps, not ly the best and by no means the most appro- funding for the Office of Science will support hurts, Nevadans. priate platform for expanding health cov- the basic research that will be the foundation Sincerely, erage to tens-of-thousands of additional of tomorrow’s transformative discoveries and JIM GIBBONS, Rhode Islanders and millions of other Ameri- innovations. I appreciate the $426 million in- Governor, Nevada. cans. vestment for fusion energy sciences included

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2478 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 in the conference agreement, and I hope we PERSONAL EXPLANATION The current House and Senate proposals will continue to strengthen this and other basic would expand Medicaid and pass health care and applied energy programs in the coming costs down to the states. Senate Finance HON. J. GRESHAM BARRETT Committee Chairman Max Baucus said that years. OF SOUTH CAROLINA it would be impossible for the federal govern- Finally, I applaud the conference agreement IN THE HOUSE OF REPRESENTATIVES ment to pick up all of the costs for new Med- for upholding the funding goals of the America icaid recipients and that states would have Wednesday, October 7, 2009 COMPETES Act—an important step toward to bear additional costs. To help put this restoring the rightful place of science in our Mr. BARRETT of South Carolina. Madam matter into perspective, when the enhanced nation. Yet we should not underestimate the Speaker, unfortunately, I missed recorded federal medical assistance percentage expires at the end of 2010, South Carolina will size or scope of the challenges posed by cli- votes on the House floor on Tuesday, October be spending $1.2 billion, or more than 20 per- mate change and energy security. As we con- 6, 2009. cent of our state budget, on Medicaid annu- sider future legislation, the twin goals of a Had I been present, I would have voted ally. That total represents just one-third of clean energy future and a robust economy will ‘‘aye’’ on rollcall vote No. 753 (on motion to the total Medicaid dollars spent in our require a firm dedication to providing our sci- authorize conferees to close conference on state—not counting the costs associated entists and engineers the resources they need H.R. 2647), ‘‘aye’’ on rollcall vote No. 754 (on with the proposed changes to our health care to initiate genuinely transformative changes in motion to instruct conferees to H.R. 2647), system. The Congressional Budget Office (CBO) es- our energy sector. ‘‘aye’’ on rollcall vote No. 755 (on motion to timates H.R. 3200 will cost in excess of $1 suspend the rules and agree to H. Res. 707). trillion over the next ten years. However, f f the fine print reveals that the true cost would be much higher. The legislation relies EARMARK DECLARATION GOVERNORS OF SOUTH CAROLINA on a large tax increase, which is imple- AND TEXAS EXPRESS CONCERNS mented four years before most of the pro- WITH UNFUNDED MANDATES IN gram’s spending is ramped up. This delay in HON. FRANK A. LoBIONDO HEALTH REFORM implementation is nothing more than a OF NEW JERSEY budget trick masking the true cost of the proposal. Even under the CBO projection, IN THE HOUSE OF REPRESENTATIVES HON. MIKE ROGERS H.R. 3200 would add more than $200 billion to OF MICHIGAN Wednesday, October 7, 2009 the budget deficit in the next 10 years. IN THE HOUSE OF REPRESENTATIVES This projection is predicated on $219 billion in spending changes that may be an illusion. Mr. LOBIONDO. Madam Speaker, as per Wednesday, October 7, 2009 the requirements of the Republican Con- A strong indicator that suggests that these Mr. ROGERS of Michigan. Madam Speaker, savings will not materialize is found in a fur- ference Rules on earmarks, I secured the fol- ther analysis of the CBO study by Ways and lowing earmarks in the Conference Report to I rise today to express concerns regarding health reform proposals which would create Means Committee staff, which shows that accompany H.R. 2997: the total price tag will reach $2 trillion by unfunded state mandates. Legislation currently Requesting Member: Congressman FRANK 2024, including roughly $600 billion in deficit before the House would dramatically expand LOBIONDO (NJ–02) spending. These are the significant costs you the Medicaid program and place over $35 bil- are contending with at the federal level in Bill Number: H.R. 2997 (Conference Report) lion in new liabilities on State budgets over the times of $2 trillion deficits. Account: National Institute of Food and Agri- next 10 years. In addition, these proposals According to the National Association of culture—SRG would expand the Federal Government’s role State Budget Officers (NASBO), Medicaid ex- in administering Medicaid, which would se- penses nationally will reach $523 billion by Legal Name of Requesting Entity: Rutgers 2013—a 56 percent increase in just six years. University Marucci Center for Blueberry and verely handcuff States’ ability to run their own The proposed changes to the program would Cranberry Research and Extension programs and preempt state authority to man- increase Medicaid spending by $450 million in Address of Requesting Entity: 125A Oswego age Medicaid eligibility and benefits. South Carolina—more than half of what we Road, Chatsworth, NJ 08019 Over the last several weeks, governors already spend on Medicaid. With that significant an increase, South Carolina would be Description of Request: Provide an earmark have expressed concerns over these proposals. I would like to submit for the record forced to either raise taxes or cut critical of $550,000 for the Cranberry/Blueberry Dis- services in education and public safety, the ease Project for research on breeding and the following letters from the governors of South Carolina and Texas: two other large spending items in our budg- pest management to provide continued sup- et. port for the $50 million a year industry. Past SEPTEMBER 11, 2009. Any state tax increase would be in addi- research has found bacterial anti-adherence Hon. LINDSEY O. GRAHAM, tion to the proposed federal tax increases in- U.S. Senate, Russell Senate Office Building, mechanisms helping to fight urinary tract infec- cluded in the House and Senate bills, like Washington, DC. huge tax increases in the form of an addition and dental caries, and other antioxidant DEAR LINDSEY: Thank you for the work tional 8 percent payroll tax or a 5.4 percent properties. A major effort within the breeding you do on behalf of this country and our income tax surcharge on small businesses. program aims to enhance these health bene- state. Even in prosperous times, we would not sup- ficial properties. With this work in mind I write to respect- port the incredible burden of this unfunded fully layout some concerns our administra- Requesting Member: Congressman FRANK mandate, but in the current global economy, tion has with regard to proposed health care that impact would be disastrous for our LOBIONDO (NJ–02) changes in Washington. I am not writing to state. Bill Number: H.R. 2997 (Conference Report) second guess your work, or that of Congress, The proposal being discussed in the United Account: Animal and Plant Health Inspection but just to give you the vantage point from States Senate has similar problems for Service—Salaries and Expenses the seat I hold—and the consequent implica- South Carolina as, by 2015, this proposal tions for taxpayers of this state given the would add more than 400,000 South Caro- Legal Name of Requesting Entity: State of proposed changes’ impact in Medicaid ad- linians to the Medicaid program. The federal New Jersey, Department of Agriculture ministered by our state. government would cover increased funding Address of Requesting Entity: 369 S. War- Like many governors across the nation, only until 2015. After 2015, South Carolina ren Street, P.O. Box 330, Trenton, NJ 08625 our administration is growing increasingly must start picking up the tab. By 2020, South concerned about the financial strain rising Carolina would be forced to come up with an Description of Request: Provide an earmark health care costs are putting on South Caro- additional nearly $900 million annually for of $500,000 for the New Jersey Gypsy Moth lina’s annual budget. During the National the increased number of Medicaid enrollees. Pest Management Program to support and en- Governors Association meeting in July, Federal programs will grow at South Caro- hance gypsy moth control on effected commu- many governors joined together in a bipar- lina’s expense, and will increase Medicaid nities and public lands. Funds will be used to tisan effort to formally oppose the current costs in our state by 50 percent. cost share aerial treatments borne by local Congressional health care proposals by Lastly, if we are trying to make health municipalities; for outreach in developing a issuing a policy opposing unfunded man- care more affordable, why exclude tort re- dates. If these so-called reform proposals form and national insurance markets from web-based interactive online map showing the move forward, almost all states will have to the plan? Litigation, and its negative impact distribution of the gypsy moth in New Jersey raise taxes to manage this health care ex- on the practice of medicine, significantly in- and proposed treatment areas; and for tech- pansion. In South Carolina, Medicaid already creases the cost of health care in this state. nical support for salaries for field scouts and receives up to $880 million annually—16 per- South Carolina passed comprehensive tort vehicle operation. cent of our budget. reform legislation in 2004, partially to stop

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2479 lawsuit abuse in medical liability cases. Sub- The Texas waiver proposal reflected strong medicine in the Lone Star State. Tort re- sequently, medical liability insurance costs bipartisan acknowledgement of the need for form is the sort of state-specific, market- are down 42 percent, and doctors have re- reform. Improving quality of care, control- driven reform measure that will help provide ceived an average rebate of 20 percent of ling escalating health care costs and address- effective, affordable solutions to our health their annual paid premium. The number of ing access-to-care issues requires collabora- care woes. lawsuits against South Carolina doctors fell tion among federal, state and local govern- In addition, as you may know, last month, almost 90 percent one year after tort reform ments. A one-size-fits-all federal government I wrote to Secretary Kathleen Sebelius to went into effect. Doctors have stopped leav- mandate will not achieve significant reform. again urge approval of the Texas Medicaid ing the state and no longer limit their prac- Rather, allowing states and local govern- reform waiver, which was originally sub- tices to avoid lawsuit abuse. ments the flexibility to restructure the way mitted in April 2008. This waiver—which Likewise, eliminating the interstate pur- health care is financed and delivered is crit- would promote preventive care, improve chasing restrictions for insurance would cre- ical to significant reform. quality and access to care, and enable more ate a bigger market for insurance, thereby Texas just concluded its 81st Legislative low-income working Texans to purchase pri- giving consumers more options and driving Session, which was marked by the passage of vate health insurance—continues to languish down the price. A national market for health a biennial state budget with less than 1 per- at the Centers for Medicare and Medicaid or life insurance means that South Caro- cent growth in general revenue spending, Services. linians can purchase whichever policy best leaving intact the state’s Rainy Day Fund, I urge you to support our right, as a state, fits their needs—whether the policy is from which will provide an expected balance of to further explore these approaches, rather South Carolina, New York or California. $9.1 billion to address future state needs. than forcing us to implement federal man- With all the issues surrounding a govern- However, despite the many legislative ac- dates that promise financial hardships for ment-run health care system, I wanted to complishments that will continue to position the states and little in the way of benefits bring to your attention the increased taxes Texas as an economic leader in this country, for our economy and all of our constituents. that South Carolinians might shoulder on the state faces significant financial burdens Sincerely, top of the federal tax increases in the pro- ahead due to rapidly increasing Medicaid RICK PERRY, posed bills. Everybody agrees that there should be re- caseload and health care cost growth. Governor, Texas. I urge you to ensure that the momentum forms to our health care system, but it surrounding the current health care reform f should be done thoughtfully. I look forward debate is informed by the effect on Texas in to working with you on this and other issues. HONORING THE STUDENTS AND a way that protects state flexibility and in- Sincerely, STAFF OF DEVINE HIGH SCHOOL novation while guarding against growing fed- MARK SANFORD, erally mandated programs that will be finan- Governor, South Carolina. cially unsustainable, not only for Texas, but HON. CIRO D. RODRIGUEZ for most other states and the federal govern- JUNE 5, 2009. OF TEXAS ment, as well. No government has ever Hon. JOE L. BARTON, IN THE HOUSE OF REPRESENTATIVES taxed, or borrowed, its way to prosperity, no House of Representatives, Rayburn House Office matter how laudable the spending goal may Wednesday, October 7, 2009 Building, Washington, DC. DEAR REPRESENTATIVE BARTON: As Con- have been. I hope you will resist the tempta- Mr. RODRIGUEZ. Madam Speaker, I com- gress continues to grapple with the daunting tion to finance an item as basic as health mend your hard work and dedication in the challenge of enacting significant health care care with deficit financing that cannot be maintained. pursuit of academic excellence. Through your reform measures before the August recess, I efforts, you have garnered the prestigious urge you to contemplate the effects of cer- Sincerely, tain policy considerations on our great state. RICK PERRY, honor of being named a National Blue Ribbon Government-run health care is not the so- Governor, Texas. School by Secretary of Education Arne Dun- lution to fix a broken health care system, can, the highest distinction a school in the and is financially unsustainable. At today’s SEPTEMBER 23, 2009. United States can achieve. costs, extending Medicaid benefits to unin- Hon. MAX BAUCUS, The Blue Ribbon Schools Program was es- sured citizens at or below 100 percent of the Chairman, Committee on Finance, tablished in 1982 by Secretary of Education U.S. Senate, Hart Senate Office Building, federal poverty level would cost Texas an ad- Terrell Bell. The program honors public and ditional $4.6 billion in general revenue per Washington, DC. year (equal to a 2.3 cent, or 27 percent, sales DEAR CHAIRMAN BAUCUS: Last week, Senate private elementary, middle, and high schools tax increase), on top of the $19 billion in gen- Majority Leader Harry Reid said he was con- that demonstrate academic superiority or dra- eral revenue the state expects to spend on cerned that the health care legislation you matic gains in student achievement. Only 3.9 Medicaid in the 2010–11 biennium. This type have proposed will expand the Nevada Med- percent of all schools in the United States of federal government spending mandate icaid population beyond what his state can have received this award. would erode the state’s economic viability afford. Speaking as governor of a state with As your Member of Congress, I am proud of a significantly larger caseload than Nevada— without containing health care costs or im- your ambition and inspired by your success. I proving health care quality and access. a caseload that could double under your pro- Health and human services general revenue posed Senate Finance plan—let me respect- have always believed that our future prosperity spending in Texas for the 2010–11 biennium is fully say I am troubled by the financial im- is predicated on our present commitment to projected to grow almost 13 percent, to $25.3 pact on Texas taxpayers and our budget. education. You are lighting the way as a bea- billion. The Texas Health and Human Serv- The Texas Health and Human Services con for those not only in our district, but also ices Commission already projects a Med- Commission estimates that the various fed- in our nation. I applaud you for your efforts icaid-related shortfall of more than $1 billion eral health care proposals circulating around and encourage you to keep up the excellent in general revenue in the coming biennium, Congress could add as much as $60 billion to work. and combined Medicaid and Children’s the state budget over the next 10 years, cre- Health Insurance Program caseloads will ex- ating twice the number of Texas Medicaid f ceed 3 million people. The number of unin- recipients. IN HONOR OF THE SANTA CRUZ sured Texans also continues to grow, and the Additionally, these bills place a new tax state continues efforts to address a critical burden on certain businesses and provide for COUNTY PARTICIPANTS OF primary care physician shortage in many the federal takeover of some current state ‘‘PEDAL FOR PEACE’’ OCTOBER 7, areas of the state. insurance functions. These one-size-fits-all 2009 In 2007, I set forth a comprehensive plan to government mandates are both unsustain- transform health care in Texas. This reform able and unable to fix our broken health care waiver has been languishing before the Cen- system. HON. SAM FARR ters for Medicare and Medicaid Services for Instead of government mandates and more OF CALIFORNIA more than a year. My plan would provide deficit spending, successful health care re- IN THE HOUSE OF REPRESENTATIVES more people with insurance, reduce expen- forms can only be achieved by providing Wednesday, October 7, 2009 sive emergency room visits for basic care, states with the flexibility to develop state- and make it easier for the working poor to specific solutions. Mr. FARR. Madam Speaker, I want to com- buy into employer-sponsored insurance. I am For example, in 2003, I signed into law mend the Santa Cruz County Participants of pleased to note that many of the policy pro- medical liability reform that has improved ‘‘Follow the Women—Pedal for Peace’’. This posals in this waiver are surfacing in Con- access to medical care in Texas, particularly year’s participants are Jane DeJarnette, Janet in underserved areas. Prior to these reforms, gressional discussions on health care reform, Fogel, Lilly Ann Popken, JoAnn Smith, Marilyn including programs that emphasize quality Texas doctors were being sued at twice the preventive care and reforms that promote a national average, and many were giving up Marzell, and Elizabeth Schwartz. The objective robust, competitive private insurance mar- practicing in Texas altogether. Today, doc- of the ride is to raise awareness of violence in ket centered on consumer choice and afford- tors are coming to Texas as fast as they can, the Middle East and its affects on women and ability. with record numbers applying to practice children, who suffer the most as a result of the

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He is survived by his roughly 250,000 to 300,000 acre-feet of water 2004, she gathered together 270 women from wife Joan, and his daughters: Janine Wallace, per year. The bill would grant authority to the all over the world, including the United States, Rebecca Tereau and Leslie Stone. Bureau of Reclamation to approve voluntary Palestine, Britain and Iraq, to bike across Leb- Madam Speaker, I ask the House of Rep- water transfers between sellers and buyers in anon, Syria and Jordan to campaign for peace resentatives to join me in honoring the mem- the San Joaquin Valley. The measure also and an end to violence in the region. Tradi- ory of a dear friend, Jack Allen Stone. Over would streamline environmental reviews for tionally throughout the Middle East, women do the years I have respected his wisdom, en- Central Valley water transfers by ensuring that not ride bicycles making the ‘‘Follow the joyed his friendship, heeded his advice and I they occur on a programmatic basis, instead Women—Pedal for Peace’’ ride extraordinary. am saddened by his passing. of the current project-by-project basis. It brings much attention to the worthy cause of f Transferring water between and within coun- promoting good relations between different RESOLUTION TO HONOR OUR ties for water districts is a critical tool during cultures and ethnicities. SCHOOL PRINCIPALS periods of drought. While the best solution ‘‘Follow the Women’’ has held several dif- would be to fully operate the federal and state ferent events in addition to the annual bike HON. SUSAN A. DAVIS pumps, this change in the law provides us some relief. This legislation makes permanent ride. In 2007, they distributed medical kits in OF CALIFORNIA the ability to transfer water to our Valley’s Gaza throughout the conflict. That year, they IN THE HOUSE OF REPRESENTATIVES also held a youth exchange to explore and farms when it is most needed, therefore, al- share the experiences between different cul- Wednesday, October 7, 2009 lowing our farmers a lifeline to continue to tures. The participants gained a better under- Mrs. DAVIS of California. Madam Speaker, grow crops and help our local economy. More standing of themselves and others. I rise today to introduce a resolution sup- will need to be done to protect the Valley’s ‘‘Follow the Women’’ has also helped fund a porting October 2009 as National Principals water, and I will continue that fight. counseling project in Ramallah. The aim of Month. This designation will honor and recog- The bill is supported by a great number of this project was to offer support to children nize the critical role that school principals play water users across the Central Valley, includ- and their families who were suffering following in the lives of our students. ing the following: Friant Water Users Authority, the conflict in the Middle East. This year, ‘‘Fol- One of the principle reasons behind a San Joaquin River Exchange Contractors Au- low the Women—Pedal for Peace’’ hopes to school’s success is often a strong principal. thority, Delta-Mendota Canal Authority, raise enough funds to build a playground or Elementary, middle and high school prin- Westlands Water District, Metropolitan Water possibly two for the children of Gaza. cipals consistently provide the vision, dedica- District, Glen Colusa Irrigation District, North- Madam Speaker, I congratulate Follow the tion, and mobilizing force behind successful ern California Water Association, Banta- schools. Women and especially wish to recognize the Carbona Irrigation District, Tehama-Colusa Principals set the academic tone for their Canal Authority, Association of California riders from Santa Cruz. I wish them much luck schools and work collaboratively with teachers Water Agencies, Placer County Water Agency, in their annual bike ride. to develop performance goals and objectives, Conaway Preservation Group, and the Rec- f all in an effort to improve student achieve- lamation District 2035. ment. REMEMBERING JACK ALLEN I have submitted several of these support STONE Today’s principals are expected to fill a variety of roles, each complex in its own right. letters here for the record, and I understand On any given day, they are likely to be ev- that Mr. COSTA will submit additional letters as HON. DALE E. KILDEE erything from educational visionary, to commu- well. OF MICHIGAN nity builder, to budget analyst, to facility man- ASSOCIATION OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES ager, to counselor. WATER AGENCIES, October 6, 2009. Wednesday, October 7, 2009 This means that principals often work long hours. In fact, the Bureau of Labor Statistics Re ACWA support for Water Transfer Legis- lation. Mr. KILDEE. Madam Speaker, I rise today estimates that one in three principals works to pay tribute to Jack Allen Stone. Sadly, Jack more than 40 hours per week and often works Representative CARDOZA, Longworth House Office Building, passed away on July 28, 2009 in Bay City, additional time supervising school activities at Michigan. I have known Jack since the early Washington, DC. night and on weekends. Representative COSTA, 1960s and will deeply miss him. During my time on the San Diego School Longworth House Office Building, Jack Stone moved to Michigan from Mis- Board, I worked with many of these remark- Washington, DC. souri in 1930. He was the Class President at able individuals. I witnessed how their commit- DEAR REPRESENTATIVES CARDOZA AND Beecher High School when he graduated in ment and energy can inspire an entire COSTA: Thank you for introducing water 1944 and this began his dual interests in edu- school—from the youngest student to the most transfer legislation for the Central Valley cation and politics. He joined the U.S. Army senior teacher. Project (CVP) which ACWA is pleased to sup- and served as a Corporal E4 during the Ko- In the end, it is principals who are respon- port. As California’s water supply challenges rean War. Returning to Flint, Jack worked for sible for creating and managing the environ- multiply, this legislation can provide greater flexibility for management of CVP water Chevrolet and became a committeeman for ment where our students learn and grow. supplies. As you know, ACWA’s 450 public the UAW. During this time he married, had This month, let’s honor this important role, agency members are collectively responsible three daughters and attended the University of which they dedicate themselves to year-round. for 90 percent of the water delivered in Cali- Michigan-Flint. He graduated with a B.A. de- I am pleased to introduce this bipartisan fornia for residential and agricultural uses. gree in 1961 and began teaching that same resolution with my colleague from the Edu- California’s water supply situation is dire year. cation and Labor Committee, Congressman and worsening. Three years of below average Teaching US Government and Michigan TODD PLATTS. precipitation along with heavy regulatory restrictions through the ESA and Biological f History at Grand Blanc High School for 27 Opinions, have seriously diminished Califor- years, Jack was a moving force in starting the INTRODUCTION OF THE ‘‘WATER nia’s water supplies. Under these conditions, Grand Blanc chapter of the National Honor TRANSFER FACILITATION ACT it is essential that short term actions, such Society. During this time he also was active OF 2009’’ as provided by your legislation to flexibly with negotiating teacher contracts. He nego- enable water supplies to move across the San tiated the first teacher contract with Grand Joaquin Valley, be pursued. Blanc Schools and played a major role in ne- HON. DENNIS A. CARDOZA Again, thank you for introducing water OF CALIFORNIA transfer legislation. ACWA looks forward to gotiating contracts for many years. He was an IN THE HOUSE OF REPRESENTATIVES working with you to secure its passage in an advisor for MEA PAC and sat on the interview Wednesday, October 7, 2009 expedited manner. board for school board candidates. Active in Sincerely, the Genesee County Democratic Party, Jack Mr. CARDOZA. Madam Speaker, today with TIMOTHY QUINN, worked on my first campaign and successive Congressman COSTA, I introduced the ‘‘Water Executive Director.

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NORTHERN CALIFORNIA salmon. Your legislation will provide much importance of health system reform in our WATER ASSOCIATION, needed relief in the form of a flexible and country. However, I believe the best place for Sacramento, CA, October 2, 2009. useful tool that will allow water to be trans- innovation and policy change is in the indi- Re Support for Water Transfer Legislation. ferred from willing parties to those in need vidual states, as we have a greater under- Hon. JIM COSTA, within the CVP. standing of the specific needs of our citizens. Many of our members have participated in House of Representatives, This effort is already underway in Utah, water transfer programs in the past and Washington, DC. with great success. I am worried, however, would continue under this legislation in a DEAR CONGRESSMAN COSTA: On behalf of that the direction of the current language of more flexible manner. Also, the language in the Northern California Water Association federal health system reform bills will pre- your legislation directing the Bureau of Rec- (NCWA), we thank you for introducing legis- clude state-directed reform and place a detri- lamation to work with other federal agencies lation authorizing and establishing a perma- mental burden on states’ budgets. Therefore, to implement the necessary long-term envi- I am contacting you in order to forge a part- nent long-term program to promote and ronmental processes addressing impacts of a manage water transfers in the Central Val- nership to enact reform that will benefit not water transfer program on the ESA-listed only the citizens of Utah, but will benefit ev- ley of California. We support your efforts and Giant Garter Snake will be imperative to its this legislation as a means of providing eryone throughout our great country. usefulness and success. In Utah, we have a good system of public greater flexibility in the management of We look forward to working with you and medical programs that provide for our need- Central Valley Project (CVP) and other your staff in the coming months in this im- iest population. However, the weight of the water supplies to help meet unmet needs portant legislative effort, and appreciate current programs strains our state budget. critical to the future of the State of Cali- your leadership in advancing this legislation So far, we have managed to fully fund the ex- fornia. and addressing California water issues so im- isting programs, although it becomes more As you are aware, the devastating impacts portant to our collective future. challenging each year. The extension of Med- of diminished water deliveries to the CVP as Sincerely, icaid to additional populations, as discussed a result of three years of below average pre- JEFFREY SUTTON, in proposed federal healthcare legislation, cipitation have been made even greater by General Manager. will amount to an unfunded mandate that the various regulatory restrictions, includ- would create financial havoc for our state. ing the requirements established by the re- THE METROPOLITAN WATER DIS- While I understand the idea that everyone cent federal biological opinions for endan- TRICT OF SOUTHERN CALIFORNIA, must ‘‘share in the pain,’’ and appreciate the gered fish under the ESA. Your legislation Los Angeles, CA, October 5, 2009. Administration’s commitment to reforming will provide immediate, much needed relief Hon. DIANNE FEINSTEIN, healthcare without increasing the size of the in the form of a flexible and useful tool that U.S. Senate, Hart Senate Office Building, federal deficit, to force Medicaid cost in- will allow water to be transferred from will- Washington, DC. creases onto states will simply shift massive ing parties to those in need within the CVP. DEAR SENATOR FEINSTEIN: The Metropoli- cost increases to the states. As I am sure you NCWA was formed in 1992 to present a uni- tan Water District of Southern California is know, Utah, like most other states, is suf- fied voice working to resolve California’s pleased to support the legislation you are in- fering from the negative impacts of a nation- water issues and protect the water rights and troducing related to water transfers for the wide recession. As we prepare the state’s fis- supplies of the diverse Northern California Central Valley Project (CVP). This legisla- cal year 2011 budget, we face continued cuts region, now and into the future. NCWA rep- tion will help provide good water manage- to agency budgets and reduced government resents 54 agricultural water districts and ment while providing flexibility for CVP cus- services on top of painful reductions made agencies, private water companies, and indi- tomers. last year. The unfunded mandate of a forced vidual water rights holders with rights and As a regional wholesale water provider, Medicaid expansion will only exacerbate an entitlements to the surface waters and Metropolitan provides water for nearly 19 already dire situation. If required to increase groundwater resources of the Sacramento million people throughout our six-county our Medicaid program as envisioned in Wash- Valley. Many of our members can and will service area in Southern California. As Met- ington, Utah, and most every other state, actively participate in this water transfer ropolitan and the entire state continue to will be forced to find the money to do so program. The language in your legislation address water supply challenges throughout through other means. This will require directing the Bureau of Reclamation to work California, the vitality of our economy and states to either raise taxes or continue to with other federal agencies to implement the environment has been seriously affected. cut budgets in areas currently suffering from necessary long-term environmental proc- Your proposed legislation will help address a lack of funding, such as public and higher esses addressing impacts of a water transfer these critically important issues. education. We must work together to ensure program on the ESA-listed Giant Garter Please let me know if we can be helpful in that no new requirements for states to fund Snake will be imperative to its usefulness any way. Sincerely, health care for additional populations pass. and success. This does not mean, however, that the We look forward to working with you and JEFFREY KIGHTLINGER, General Manager. State is ignoring or has forgotten about mid- your staff in the coming months in this im- dle-income uninsured families in Utah. Quite portant legislative effort, and appreciate f the contrary, the aggressive health system your leadership in advancing this legislation GOVERNOR OF UTAH EXPRESSES reform being pursued in Utah is designed to and addressing California water issues so im- address the healthcare needs of those fami- portant to our collective future. CONCERNS WITH UNFUNDED MANDATES IN HEALTH REFORM lies in a manner that does not shift addi- Sincerely, tional burden to the State. DONN ZEA, As mentioned above, Utah has made re- President and CEO. HON. MIKE ROGERS markable progress toward health system re- OF MICHIGAN form. One of the cornerstones of our State’s TEHAMA-COLUSA CANAL AUTHORITY, IN THE HOUSE OF REPRESENTATIVES efforts is the introduction of a defined con- Willows, CA, October 5, 2009. tribution health benefit system and imple- Re Support for Water Transfer Legislation. Wednesday, October 7, 2009 mentation of the Utah Health Exchange, Hon. JIM COSTA, Mr. ROGERS of Michigan. Madam Speaker, which provides the technology to make that House of Representatives, I rise today to express concerns regarding market work. This new market approach is Washington, DC. health reform proposals which would create proving to be very popular. In fact, in just DEAR CONGRESSMAN COSTA: On behalf of unfunded state mandates. Legislation currently nine days, following the official launch of the Tehama Colusa Canal Authority (TCCA), the Utah Health Exchange, 136 of Utah’s we thank you for introducing legislation au- before the House would dramatically expand small businesses signed up to contribute to thorizing and establishing a programmatic the Medicaid program and place over $35 bil- health care coverage for their employees, program to promote and manage water lion in new liabilities on state budgets over the representing approximately 7,000 covered transfers in California, including the Sac- next ten years. In addition, these proposals lives. ramento Valley. We support your efforts and would expand the federal government’s role in It is essential that federal legislation not this legislation as a means of providing administering Medicaid, which would severely derail this promising effort to provide insur- greater regulatory certainty for the manage- handcuff states’ ability to run their own pro- ance in a new way to Utah’s small business ment of Central Valley Project (CVP) water grams and preempt state authority to manage employees, who are the backbone of our supplies for water users. economy. When fully implemented, the Ex- As you are aware, the TCCA is intimately Medicaid eligibility and benefits. change will help individuals and employees aware of the impacts of diminished water de- Over the last several weeks, governors access the information they need to make in- liveries to the CVP as a result of below aver- have expressed concerns over these pro- formed choices about their health and health age precipitation and regulatory require- posals. I would like to submit for the RECORD care, as well as their health insurance. This ments placed upon the CVP and its water the following letter from the governor of Utah: tool has a standardized application process users through the requirements established SEPTEMBER 15, 2009. and allows people to apply for a broad range by the recent National Marine Fisheries DEAR SENATOR BENNETT, as Governor of of coverage electronically; which further in- Service biological opinions for endangered the State of Utah, I am aware of the critical creases access to affordable coverage.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2482 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 To me, the highlight of the Exchange is HONORING SENATOR EDWARD in the 1970s. A self-educated man who never that it is almost entirely run by the private KENNEDY accepted the status quo, Mr. Roth occupied sector. The State brought together a tech- his spare time by employing his understanding nology company, a finance company, and many different insurers who have worked HON. LYNN C. WOOLSEY of mechanics to improve the efficiency of the out the necessary details to provide a plat- OF CALIFORNIA meat freezing process. form for this new marketplace. We were able IN THE HOUSE OF REPRESENTATIVES This focus led him to working with stainless to go from a signed bill to a functioning ex- steel firms in the area to develop a large change in just five months. This is the very Wednesday, October 7, 2009 drum. His natural mechanical genius devised definition of forging unprecedented partner- Ms. WOOLSEY. Madam Speaker, I rise a way to liquefy the meat product at the low- ships to find solutions that government today to honor Senator Edward Kennedy, who est possible temperature. The FMI Roller alone cannot provide. The driving force be- passed away August 25, 2009, at age 77. A Press Freezer, a huge piece of equipment, hind any proposed exchange must continue leader in the Senate for over 46 years, Sen- was a new concept for the continuous quick- to be private sector ingenuity, with government assisting in the appropriate ways. ator Kennedy dedicated his career to equality freezing of ground meats and other similar I look forward to working with you in a and justice for all. consistency products. Through his work, the similar manner to ensure that federal and Senator Kennedy believed that the fight for freezing process was trimmed from two days state healthcare reforms are compatible and quality and affordable healthcare was the to a matter of mere minutes. It revolutionized will result in success for the citizens of our cause of his life and nothing less than a moral the industry and standardized the quick-chill great State. I believe that together we can obligation for us all. His courageous commit- process that now assures high levels of food develop workable alternatives to the tradi- ment to improving the welfare of all people safety. tional Washington D.C. ‘‘one-size-fits-all’’ solution. We must continue to recognize that was inspirational to me and millions of Ameri- Over the years, Mr. Roth continued his inno- states are the laboratories of innovation and cans. As Chairman of the Senate Committee vating work and as a selfless man of integrity, that the best solution to our nation’s chal- on Health, Education, Labor, and Pensions, he he takes time to share his discoveries with lenges is to empower states to serve their influenced nearly every piece of legislation other meat processors to protect consumer unique populations in the best ways possible. that came before the Senate. Because of his health. Mr. Roth has not only developed Please contact me if there is any way I can deep concern for the treatment of mental unique ways to increase the value of beef and be of assistance with this very important health patients, he helped individuals suffering pork, but he led a revolution in equipment de- issue. from mental health and substance abuse dis- sign. By taking great pride in his work, Mr. Best Regards, GARY R. HERBERT, orders receive adequate coverage and Roth undoubtedly raised the bar in terms of Governor, Utah. prompted the growth of America’s Community excellence for the U.S. meat and poultry proc- f Mental Health Centers. Senator Kennedy was essing industry. also committed to increasing access to health Today, the company Mr. Roth founded, Beef HONORING STAFF SERGEANT care for everyone. I wish he was with us long Products Inc. is the world’s leading producer ZACHARY J. RHYNER, USO AIR- enough to see all his hard work come true. of boneless beef. Mr. Roth’s impact in the MAN OF THE YEAR Senator Kennedy was a compelling advo- market of beef and poultry has justly earned cate for equal access to education for all chil- him multiple awards. BPI has built plants in HON. BOB ETHERIDGE dren. His leadership was instrumental in ex- Texas, Kansas, Iowa and Nebraska. He is a OF NORTH CAROLINA panding the Head Start Program and he de- recipient of a 2008 Beef Industry Division IN THE HOUSE OF REPRESENTATIVES voted himself to improving teaching quality award presented by the National Cattlemen’s Wednesday, October 7, 2009 and equality across the country. Foundation as well as the recipient of the Senator Kennedy fought tirelessly to ensure 2007 E. Floyd Forbes Award, the highest Mr. ETHERIDGE. Madam Speaker, I rise in all students who wished to obtain higher edu- honor from the National Meat Association. honor of Staff Sergeant Zachary J. Rhyner’s cation were able to do so. During the 110th Along with founding the world’s leading pro- distinguished service in the United States Air Congress, he helped enact the most substan- ducer of high-quality lean-beef trimmings, Mr. Force, and to congratulate him on being tial increase in student aid funding, making Roth made sure to give back to the local com- named USO Airman of the Year. Staff Ser- higher education more accessible and afford- munity. Last year, Mr. Roth organized an geant Rhyner’s extraordinary heroism in Shok able to all. event in Sioux City, Iowa where he hosted a Valley, Afghanistan on April 6, 2008 as part of Madam Speaker, Senator Kennedy was a prime rib appreciation dinner Salute to the Operation Enduring Freedom is a testament to shining example of what the very best public 185th Refueling Wing of the Iowa Air National his training, character, and personal strength. servants can aspire to become and his pas- Guard. He had about 1,500 Guardsmen with While conducting an air assault infiltration sion for helping others will live on through the their families and guests to attend at the BPI as Special Tactics Combat Controller, Ser- lives he has touched. His legacy of hard work, aircraft hangar, and he and his company staff geant Rhyner and his team were caught in an compassion, and excellence will continue to cooked hot roast beef for everyone! One of his ambush. Intense sniper, machine gun and impact America for generations to come. special guests was Congressional Award win- rocket-propelled grenade fire rained down on f ner Col. Bud Day, along with other local dig- the team from a well-trained insurgent force. nitaries. Sergeant Rhyner was shot once in his left leg HONORING ELDON ROTH Mr. Roth is known as a self-made man who and struck twice in his chest. Although wound- possesses unequaled discipline, drive, and ed, Sergeant Rhyner stayed calm and called HON. JACK KINGSTON discernment. He is successfully building a leg- in more than 50 air strikes and strafing gun OF GEORGIA acy of generosity by giving back to the people runs. He placed himself between enemy IN THE HOUSE OF REPRESENTATIVES of his own community. I am proud to stand forces and his men several times in order to Wednesday, October 7, 2009 here today, shoulder to shoulder with Con- return fire and to allow his teammates to re- gresswoman ROSA DELAURO, to honor Eldon trieve the critically wounded and the de- Mr. KINGSTON. Madam Speaker, I rise Roth of South Dakota. today to honor Eldon Roth, a celebrated and ceased. He has been recognized for his her- f oism several times. In addition to being named respected member of the agricultural commu- USO Airman of the Year today, he received nity. I am privileged to be joined by the distin- PERSONAL EXPLANATION the Air Force Cross, the service’s second guished Congresswoman ROSA DELAURO in highest medal for valor, on March 10, 2009. recognizing Mr. Roth. It is a remarkable day HON. ANNA G. ESHOO He also received a Purple Heart and the Jew- indeed when we can both wholeheartedly en- OF CALIFORNIA ish Institute for National Security Affairs Grate- dorse the same objective. IN THE HOUSE OF REPRESENTATIVES ful Nation Award. Growing up in rural South Dakota, Eldon Staff Sergeant Rhyner is based at Pope Air Roth learned the values of a strong work ethic Wednesday, October 7, 2009 Force Base, in North Carolina’s Second Dis- and perseverance. Lacking access to elec- Ms. ESHOO. Madam Speaker, I was not trict and lives in Harnett County, my home tricity and running water in his home, he never present during the rollcall vote Numbers 758 county. I am proud to have him as a fellow allowed the limitations of sheer circumstance to 760 on October 7, 2009. Had I been North Carolinian, and I urge my colleagues to to hinder his pursuit for excellence. Eldon and present, I would have voted: join me in congratulating him on this honor his wife Regina, who is his business partner, On rollcall vote No. 758 I would have voted and saluting his service. started their business in San Francisco back ‘‘yes.’’

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2483 On rollcall vote No. 759 I would have voted adopting cropping systems that reduce pro- law in Arizona. He was also the first Native ‘‘yes.’’ duction cost primarily by reducing the need for American lawyer to argue a case before the On rollcall vote No. 760 I would have voted nitrogen fertilizer, pesticides, fuel, and equip- United States Supreme Court. Shortly after ‘‘yes.’’ ment. Federal funding would allow the pro- law school, Rod faced an effort by the State f gram to expand reniform nematode research of Arizona to tax the sale of tractors to the throughout the State, develop more intense Gila River Indian Community farms. Rod IRAN—GLOBAL THREAT mature management research that includes fought this effort and prevailed in a 5 to 4 Su- REQUIRING GLOBAL ACTION bioenergy crops, and expand research on the preme Court decision. The Central Machinery development of alternative substrates for nurs- v. Arizona State Tax Commission decision HON. KAY GRANGER ery crop production. Current and future profit- continues to stand as the definitive case rec- OF TEXAS ability of agronomic based crop production in ognizing the right of Indian tribes to operate IN THE HOUSE OF REPRESENTATIVES Alabama is dependent on the research and beyond the taxing authority of states. outreach efforts. Use of precision technologies Wednesday, October 7, 2009 Rod served as the General Counsel of the associated with these studies have resulted in Gila River Indian Community for more than 30 Ms. GRANGER. Madam Speaker, the global practices that saves fuel, herbicides, and fer- years. For much of his tenure as General threat of Iran’s nuclear program is growing tilizers and protects Alabama’s vital natural re- Counsel, Rod led the battle to secure the every day. The luxury of time has vanished sources. The project’s total budget is water rights of the Gila River Indian Commu- and the need for Congressional action is ab- $8,874,000. Specifically within the budget, nity. Rod worked tirelessly in litigating and ulti- solute. $1,298,734 will go toward permanent per- mately negotiating the single largest Indian What we already knew about the Iranian nu- sonnel salaries, $360,760 for research ex- water rights settlement in the history of the clear program, compounded with the recent pense, and $240,500 for equipment. This re- United States. This settlement resulted in the revelations of an additional uranium enrich- quest is consistent with the intended and au- return of 653,000 acre-feet of water to the ment facility outside of Tehran and Iran’s con- thorized purpose of the Agricultural Research ‘‘River People’’ of the Gila River Indian Com- tinued testing of long-range missiles, only con- Service, ARS Account. Auburn University will munity and $200 million to construct a system tinues to build on an already disturbing sce- meet or exceed all statutory requirements for to deliver water to the reservation. nario. matching funds where applicable. Rod Lewis has dedicated his life to being a The Iranian regime is furiously building its f nuclear program and threatening anyone who champion for the Gila River Indian Commu- walks the streets of Paris, Beijing, London and HONORING RODNEY B. LEWIS ON nity. He is a genuine trailblazer who has bro- New York. Every day that goes by without HIS DISTINGUISHED CAREER– ken down barriers and served as a role model weakening the regime or its ambitions, the for a new generation of Native American law- world becomes less safe. We MUST act now. yers. Madam Speaker, I am honored to recog- HON. ED PASTOR nize Rod for his distinguished career and out- I wholeheartedly support increased sanc- OF ARIZONA standing leadership and thank him for being tions and divestment efforts and hope the U.S. IN THE HOUSE OF REPRESENTATIVES my friend. Congress responds immediately to provide these critical tools to the President. Wednesday, October 7, 2009 The United States needs to show strong Mr. PASTOR of Arizona. Madam Speaker, I f leadership to show the world that we are seri- rise before you today to praise and reflect EARMARK DECLARATION ous in taking down this imminent threat from upon the career of an outstanding attorney Iran. U.S. actions should be matched by other and community leader, Rodney B. Lewis. I world leaders—especially Russia and China. would also like to congratulate Rod on re- HON. BRIAN P. BILBRAY Iran’s potential peril to the world is global, cently being honored with a Lifetime Achieve- so too should be the response. ment Award by the Native American Bar Asso- OF CALIFORNIA f ciation of Arizona. IN THE HOUSE OF REPRESENTATIVES Rod Lewis comes from a family dedicated to EARMARK DECLARATION serving the Native American community in Ari- Wednesday, October 7, 2009 zona. Rod is one of three sons born to the Mr. BILBRAY. Madam Speaker, I would like HON. MIKE ROGERS late Reverend Roe B. Lewis and Sallie Lewis. to submit the following request: OF ALABAMA He and his brothers, John and Robert, grew Requesting Member: Congressman BRIAN IN THE HOUSE OF REPRESENTATIVES up on the Gila River Indian Reservation. All three attended college and graduate school BILBRAY Wednesday, October 7, 2009 and each has devoted their careers to the Bill Number: Conference Report to H.R. Mr. ROGERS of Alabama. Madam Speaker, service of Indian tribes and Indian people. In 3183, FY 2010 Energy and Water Appropria- pursuant to the Republican Leadership stand- fact, John is the Executive Director of the Inter tions ards on earmarks, I am submitting the fol- Tribal Council of Arizona. Account: Army Corps of Engineers, General lowing information regarding earmarks I re- Rod earned his bachelor’s degree from Trin- Investigations ceived as part of the Conference Report ac- ity College in San Antonio, Texas. While in Legal Name of Requesting Entity: The City companying H.R. 2997—Agriculture, Rural De- college, Rod participated in the Reserve Offi- of Solana Beach velopment, Food and Drug Administration, and cers’ Training Corps and upon graduation was Related Agencies Appropriations Act, 2010. commissioned as a second lieutenant in the Address of Requesting Entity: 635 South Requesting Member: Congressman MIKE Army Rangers, ultimately obtaining the rank of Highway 101, Solana Beach, CA, USA 92075 ROGERS (AL) first lieutenant upon discharge from the Army. I received $305,000 to complete the feasi- Bill Number: Conference Report accom- Rod earned his master’s degree from Arizona bility study for the Solana Beach-Encinitas panying H.R. 2997 State University in 1969 and went on to law Shoreline Protection Project. The protective Account: ARS, Salaries and expenses ac- school at the University of California Los An- beaches throughout the Solana Beach area count, $1,293,000 geles. Upon graduating with his JD in 1972, are severely eroded, leaving residences, por- Legal Name of Requesting Entity: Auburn Rod returned to the Gila River Indian Commu- tions of Highway 101, and public access University, Auburn, AL nity to serve as the tribal attorney for the points susceptible to dangerous wave attack Address of Requesting Entity: 102 Samford Community and to raise a family. He and his and beachgoers subject to falling rocks as Hall, Auburn, Alabama 36849 wife Willardene have three children and five bluffs are destabilized by erosion. This Shore Description of Request: ‘‘Improved Crop grandchildren. Protection Project will build up the protective Production Practices’’ Taxpayer justification—It Rod has had an extraordinary legal career. beaches along the coast, preserving public ac- is my understanding that this funding will pro- He was the first Native American to pass the cess, recreational areas, and as well as public vide $1,293,000 to develop and assist in Arizona Bar Exam and be licensed to practice infrastructure and private homes.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2484 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 TRIBUTE TO JOAN BURDICK, RE- Several of her former students commented gether and in so doing transform not only CIPIENT OF THE 2009 ST. MAD- on her gift for transforming their shy, even the physical space, but the audience which ELEINE SOPHIE AWARDS, SA- withdrawn selves into polished, confident had come to be transported into that imagi- CRED HEART SCHOOLS public speakers. ‘‘She taught us to walk de- native mental space that theater engenders. liberately and never fidget when speaking,’’ Joan understands this power of theater, and wrote one. ‘‘She corrected our posture and throughout her life, she has made her stu- HON. ANNA G. ESHOO forced us to project and enunciate, to think dents (and I count myself among them) un- on our feet and improvise.’’ One went as far derstand this. Her willingness to take risks, OF CALIFORNIA as to say that it was Joan who introduced tackling such daunting works as Shake- IN THE HOUSE OF REPRESENTATIVES him to his ‘‘first sense of community with speare’s Much Ado About Nothing and Wednesday, October 7, 2009 other students.’’ Another credited her with Chekhov’s The Cherry Orchard, is grounded evoking and developing her self-esteem and in her proven ability to inspire casts with a Ms. ESHOO. Madam Speaker, I rise today overall confidence—qualities that obviously Dionysian fervor that spins itself out into to honor Joan Burdick, a recipient of the pres- allow everything else to fall into place. the audience. But Joan’s gifts went even beyond how to tigious St. Madeleine Sophie Award from Sa- When Joan was invited back to direct the write essays on Bronte’s Wuthering Heights cred Heart Schools. Established in the year Farewell to the Little Theater show in June or how to deliver a line of iambic pentameter 2000, the St. Madeleine Sophie Award honors of 2003, the 120 cast members, including stu- like you meant it. She taught us how to be- individuals in the Sacred Heart community dents, faculty and alums, gave Joan the have. longest standing ovation many ever remem- who have made a sustained and significant Permit me an anecdote. ber witnessing. No wonder. contribution to the Schools and embody the For several years we took the entire senior Goals and Criteria of a Sacred Heart edu- class on a five-day trip to the Ashland JOAN BURDICK, COLLEAGUE AND MASTER cation. The individuals honored are selected Shakespeare Festival. Please note that this BUILDER by a committee comprised of the senior ad- was the ENTIRE senior class, not a self-se- ministrative team in conjunction with the Chair lecting group of dramaphiles. In addition to In 1990, Joan transferred full-time to the of the Board of Trustees and are honored at preparing the students for what they were high school, and we began working closely about to see onstage, Joan also prepared together. In addition to teaching with her in a reception and at the Mass of the Holy Spirit, them to be a good AUDIENCE: mouths shut, the English department, I was privileged to the first all-school liturgy of the school year. bodies quiet, hats off, minds alert. One after- watch her build not only the SHP drama pro- The recipients will be VIP guests at various noon we were waiting in the lobby for our gram, but the entire Fine Arts department. SHS events throughout the year and featured ninety students to arrive. [I believe it was We went from a school that offered five elec- in their alumni magazine, The Heart of the the same day Michele Rench and I had tives in drawing, painting, photography and Matter, for their commitment to the mission of bought Joan a pink volume of Emily Post’s drama to one that, by the time she retired in Sacred Heart education. Etiquette in a used bookstore.] Suddenly, 2001, offered twenty, including sculpture, ce- This year, Joan Burdick was chosen along one very large and bumptious senior ap- ramics, dance, computer graphics, concert proached Joan, lowered himself onto one and chamber choir, instrumental music, with two other distinguished recipients to be knee, and kissed her hand with a courtly technical theater and scenic design, video recognized with the Award for her tireless flourish. It’s a gesture I doubt he’s ever re- production, and the ever-amazing student-di- work as an educator and for her dedication to peated since, but it speaks volumes about rected play. the arts, as well as to the Goals and Criteria how Joan could ignite hidden reserves of As Fine Arts chair, she represented her de- gentility within even the most unlikely of Sacred Heart Schools. Her award was pre- partment on the school Curriculum Com- knight-at-arms. I read recently that St. sented by Connie Solari who gave the fol- mittee with passion and precision. She nur- Madeleine Sophie believed good manners to lowing speech at the Awards Ceremony in tured her department members in the be an expression of CARITAS; if we accept tribute to Joan: nuanced art of becoming a Sacred Heart edu- her judgment, then Joan Burdick unleashed cator. For Joan was not only an employee of When I was about 10 years old, I saw the a FLOOD of Christian Love via students who Sacred Heart, she is an alumna of Sacred movie Auntie Mame with Rosalind Russell. I recognized, even temporarily, the value of Heart Schools, Atherton—quite literally always wanted to BE that person—elegant, good manners. Another former student (one I raised on the vision of St. Madeleine Sophie. spontaneous, excitable, risk-taking, gen- vividly remember for his livewire person- erous, brunette—and above all gorgeously ality) wrote: ‘‘To this day I think I’m a bet- AND THIS BRINGS ME, FINALLY, TO JOANIE BUR- DRAMATIC. While I’ve fallen considerably ter audience than most. If I make noise dur- DICK, FRIEND—AND BY EXTENSION FAMILY short in embodying this remarkable char- ing a performance, I can still feel Mrs. Bur- WOMAN acter, I did finally meet her avatar one after- dick’s stern look beading into the back of noon in the spring of 1978. my head.’’ For over 150 years, Sacred Heart educators Her name was Joan Burdick. JOAN HUNT BURDICK, DIRECTOR (virtually all of them nuns) were referred to At the time, I was writing the Sacred as ‘‘Mothers.’’ Joan Burdick is nothing if not The distinction between Joan the Teacher Heart Schools Newsletter, and I’d been as- the ultimate MATRIARCH, a maternal fig- and Joan the Director is of course quite arbi- signed to interview ‘‘the drama teacher’’ at ure not only to her family but also to her trary, since Joan DIRECTED her English St. Joseph’s. After about three minutes, it many friends. Joan enjoys deep, powerful classes in much the same way she TAUGHT was clear that I was in the face of a mythic and lasting friendships. Many of her former her aspiring actors. But let me leave the educator. Since then, I’ve come to know students and colleagues now consider her a classroom now and take you all to the stage Joan as a gifted classroom teacher, an awe- friend, someone with whom we still enjoy in the Little Theater—a vanished building, inspiring director, a close professional col- having an elegant cup of tea or glass of sher- but one whose ghost hovers beneath the league—and a friend. And it’s under these ry. I’d argue that we all consider ourselves foundations of this marvelous Campbell Cen- frequently overlapping headings that I pro- part of Joan’s extended family as we seek ter. Let’s imagine it’s 1987. Joan has un- pose to introduce her. her advice or share stories with her. leashed her latest brainchild—an all-campus MRS. BURDICK, TEACHER production of The Sound of Music. In addi- With respect to her biological family, she When Nancy Tarantino requested nomination to students from grades one through is a matriarchal force that one crosses at tions for this award she received pages of twelve, she has cast teachers from both sides one’s peril. When her son-in-law Ken Thomp- testimony from Joan’s former students. As of campus, the Director of Development, the son was diagnosed with leukemia three years the mother of two of her sixth-grade English Director of Admissions, and—yes—none ago, I had the sense that Ken would somehow students at St. Joseph’s, I can personally at- other than Director of Schools Nancy Morris be safe because Joan was standing there, a test to her excellence: She’s one of those as the ‘‘Climb-Every-Mountain’’-crooning cross between a lioness and a heavily, armed teachers whose high standards bring high re- Mother Superior. I myself was among the archangel, determined that NOTHING was sults, and who manage to inspire students many actors whom she’d recruited and given going to hurt her family. Her daughters with a belief in their ability to do things their first taste of thespian glory. One alum Corie and Riette and her son Hunt accorded they never dreamed possible. A few years described the Little Theater as ‘‘a symbol of their mother the ultimate compliment by later, as Dean of Faculty, I saw her spin her the great things that can come out of a following her into that magical world of the- magic first-hand in the high school English small space occupied by a director who cul- ater themselves, scoring major successes as classroom, making William Shakespeare and tivates the imagination and talent of actors actors, singers, dancers, stage designers and Emily Bronte and Tennessee Williams come who want to do great things.’’ We wanted to directors. Her grandson Sean now enjoys life fully alive as a tea-kettle bubbled in the do great things. Witnessing Joan rallying us with a grandmother who teaches him chess, background and students nestled com- together just before the opening performance instructs him in the fine art of taking tea, fortably on the couches and overstuffed of Sound of Music, we were gripped by that and occasionally sweeps him off to Europe or chairs that filled her classroom. feeling. We were going to ‘‘make theater’’ to- New

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00022 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2485 York City, much like my Auntie Mame did The Historical Society of Saginaw County bioenergy crops, and expand research on the for her nephew Patrick. was founded in 1938 and incorporated in development of alternative substrates for nurs- Let’s face it. Joan Burdick is nothing if 1964. The Society has operated Castle Mu- ery crop production. Current and future profit- not ‘‘elegant, spontaneous, excitable, risk- seum since 1992 and is committed to telling ability of agronomic based crop production in taking, generous, brunette, and gorgeously dramatic.’’ (It’s only fitting that she just the continuing story of the people of the Sagi- Alabama is dependent on the research and flew in from Paris last night to receive this naw region. The Castle Building was con- outreach efforts. Use of precision technologies award.) structed in 1898 in the French chateau style. associated with these studies have resulted in She is the Queen of all Drama Queens—but At that time the Federal government decided practices that saves fuel, herbicides, and fer- one with her beautifully shod feet planted all Federal buildings were to be built to reflect tilizers and protects Alabama’s vital natural re- firmly on the ground of faith, family, and the historic legacy of the community and Ar- sources. The project’s total budget is friendship. A Queen whose reverence tor the- chitect William Aitken decided to design the $1,900,000. Specifically within the budget, ater reminds us that Western drama evolved building to reflect the early French traders that $1,298,734 will go toward permanent per- out of Greek religious ritual—an idea echoed settled in the region. Originally utilized as a sonnel salaries, $360,760 for research ex- by a former colleague who wrote that ‘‘Joan’s productions were always, always a Post Office, the Castle Building is listed on the pense, and $240,500 for equipment. This re- validation of life and meaning.’’ I am hon- National Register of Historic Places and is the quest is consistent with the intended and au- ored to introduce Joan Burdick, whose work cornerstone of the Historical Society’s dedica- thorized purpose of the Agricultural Research here for 25 years so validated life and mean- tion to preserve Saginaw’s heritage for future Service, Salaries and Expense Account. Au- ing, and who so incarnates The Sacred Heart generations. burn University will meet or exceed all statu- Educator at her very finest. Today, the Castle Building serves as the tory requirements for matching funds where Madam Speaker, I ask the entire House of Castle Museum and houses over 100,000 ar- applicable. Representatives to join me in offering our con- cheological and historical artifacts from the re- f gratulations to Joan Burdick on the very spe- gion. Traveling and long-term exhibits are dis- cial Occasion of being chosen for the St. Mad- played in the facility. The Historical Society of EARMARK DECLARATION eleine Sophie Award and for all she does daily Saginaw County has utilized the building to to strengthen our community and our country. showcase their educational programs, film HON. SPENCER BACHUS f presentations, and community tours. They also OF ALABAMA offer research services, an oral history record- IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION ing program and a living history program at Wednesday, October 7, 2009 the Museum. Currently, the Historical Society HON. J. GRESHAM BARRETT is retrofitting a van to take the museum’s pro- Mr. BACHUS. Madam Speaker, pursuant to grams to elementary schools and they are the Republican Leadership standards on ear- OF SOUTH CAROLINA planning to launch this project in early 2010. marks, I am submitting the following informa- IN THE HOUSE OF REPRESENTATIVES Madam Speaker, please join me in con- tion regarding funding that I requested as part Wednesday, October 7, 2009 gratulating Board President, Margaret E. of the H.R. 2997, the Agriculture, Rural Devel- opment, Food and Drug Administration, and Mr. BARRETT of South Carolina. Madam Clark, the Board members, staff, volunteers, Related Agencies Appropriations Act, 2010. Speaker, unfortunately, I missed recorded and Society members as they are honored by Requesting Member: Congressman SPEN- votes on the House floor on Wednesday, Sep- the American Association of Museums and CER BACHUS tember 30, 2009. wish them continued success in preserving our history for many, many years to come. Bill Number: H.R. 2997—Agriculture, Rural Had I been present, I would have voted Development, Food and Drug Administration, f ‘‘no’’ on rollcall vote No. 743 (on motion to and Related Agencies Appropriations Act, suspend the rules and agree to H.R. 2442), EARMARK DECLARATION 2010 ‘‘no’’ on rollcall vote No. 744 (on motion to Account: Agricultural Research Service, Sal- suspend the rules and agree to H.R. 1771), aries and Expenses Account ‘‘aye’’ on rollcall vote No. 745 (on motion to HON. ROBERT B. ADERHOLT Legal Name of Requesting Entity: Auburn suspend the rules and agree to H.R. 1053). OF ALABAMA University f IN THE HOUSE OF REPRESENTATIVES Address of Requesting Entity: 202 Samford Hall, Auburn University, AL 36849 HONORING THE HISTORICAL SOCI- Wednesday, October 7, 2009 Description of Request: Provide $1,293,000 ETY OF SAGINAW COUNTY AND Mr. ADERHOLT. Madam Speaker, pursuant to develop and assist in adopting cropping CASTLE MUSEUM to the Republican Leadership standards on systems that reduce production cost primarily earmarks, I am submitting the following infor- by reducing the need for nitrogen fertilizer, HON. DALE E. KILDEE mation regarding earmarks I received as part pesticides, fuel, and equipment. Federal fund- of H.R. 2847, the Commerce, Justice, and OF MICHIGAN ing would allow the program to expand Science Appropriations Bill: IN THE HOUSE OF REPRESENTATIVES reniform nematode research throughout the Requesting Member: ADERHOLT state, develop more intense mature manage- Wednesday, October 7, 2009 Bill Number: H.R. 2997, Department of Agri- ment research that includes bioenergy crops, Mr. KILDEE. Madam Speaker, I rise today culture, Rural Development, Food and Drug and expand research on the development of to recognize the Historical Society of Saginaw Administration, and Related Agencies Appro- alternative substrates for nursery crop produc- County for being selected by the American As- priations Act, 2010 tion. Current and future profitability of agro- sociation of Museums for participation in the Account: Agricultural Research Service, Sal- nomic based crop production in Alabama is Museum Assessment Program. The Historical aries and Expenses Account dependent on these research and outreach ef- Society of Saginaw County operates Castle Legal Name of Requesting Entity: Auburn forts. Use of precision technologies associated Museum in downtown Saginaw. The Society is University with these studies have resulted in practices holding its annual Membership Lumberjack Address of Requesting Entity: Auburn Uni- that saves fuel, herbicides, and fertilizers and Brunch and Open House on October 18th at versity, 102 Samford Hall, Auburn, AL 36849 protects Alabama’s vital natural resources. the Museum. Description of Request: ‘‘Improved Crop The project’s total budget is $1,900,000. Spe- The American Association of Museums con- Production Practices, AL, $1,293,000’’ cifically within the budget, $1,298,740 will go ducts the Museum Assessment Program to Provide $1,293,000 to develop and assist in toward permanent personnel salaries, help museums identify challenges and develop adopting cropping systems that reduce pro- $360,760 for research expense, and $240,500 strategies to address them. The program also duction cost primarily by reducing the need for for equipment. This request is consistent with helps museums to ensure high standards in nitrogen fertilizer, pesticides, fuel, and equip- the intended and authorized purpose of the collections care, governance, institutional plan- ment. Federal funding would allow the pro- Agricultural Research Service, Salaries and ning and effective community engagement. gram to expand reniform nematode research Expense Account. Auburn University will meet Over 3500 museums have benefited from this throughout the state, develop more intense or exceed all statutory requirements for match- program. mature management research that includes ing funds where applicable.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00023 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2486 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 HONORING THE LIFE AND WORKS demonstrations of affection and support. At And we are comforted in the knowledge that OF SENATOR EDWARD M. KEN- the 1980 convention, we were outsiders, there he is with his family and his legions of friends NEDY against the wishes of an incumbent president and that he is at peace. May God grant this whose strategists controlled all the machinery peace to Vicki, his great love, his precious HON. ANNA G. ESHOO of convention-like hoopla. children and his entire family. OF CALIFORNIA So, for an hour, we clapped and cheered, As John Bunyan wrote in ‘‘Pilgrim’s IN THE HOUSE OF REPRESENTATIVES we cried and we chanted ‘‘Kennedy, Ken- Progress’’: Wednesday, October 7, 2009 nedy.’’ ‘‘When the day that he must go hence was In retrospect, we were enthralled not by the come, many accompanied him to the riverside, Ms. ESHOO. Madam Speaker, ‘‘Be not end of a campaign but by the promise of fu- into which as he went, he said, ‘Death, where afraid of greatness: some are born great, ture fights and the certainty that our cause is thy sting?’ And as he went down deeper, he some achieve greatness, and some have would go forward, as would our work on be- said, ‘Grave, where is thy victory?’ So he greatness thrust upon ’em.’’—William Shake- half of the downtrodden and the disaffected. passed over, and all the trumpets sounded for speare, ‘‘The Twelfth Night.’’ He said in 1985, with yet another presi- him on the other side.’’ It is with a sense of proud sadness and dential election stirring, ‘‘The pursuit of the f deep gratitude that I am blessed to offer a few presidency is not my life. Public service is.’’ words about a man who was born to great- He loved to be of service and he reveled in BREAST CANCER AWARENESS ness, had it thrust upon him and achieved all that it meant, taking joy in those things that MONTH greatness—because, in the end, he was not would have seemed small and inconsequential afraid. to him—and spreading joy. HON. JOE BACA It is with an array of inexpressible emotions In 1986, while serving as a member of the OF CALIFORNIA that I am blessed to call him an inspiration, San Mateo County Board of Supervisors, I IN THE HOUSE OF REPRESENTATIVES mentor, and most valued friend. was elected to the position of chairman of the To be Ted Kennedy’s friend was to be Board. The title was nice, but it was anti- Wednesday, October 7, 2009 wrapped in a special embrace, a golden aura quated and was a vestige of an era when only Mr. BACA. Madam Speaker, I rise in sup- of generosity and thoughtfulness, compassion men served in office. I asked the county coun- port of recognizing the month of October as and comradeship. It simply felt good to be sel to take the necessary steps to change the Breast Cancer Awareness Month. around him. title to president of the Board. This special recognition started 25 years I believe the highest praise bestowed on It became a national news story that ap- ago to highlight and raise awareness of this anyone is that he made the people around peared in the Wall Street Journal, an article devastating disease. him better. This he did by calling all of us to that included the headline: ‘‘Eshoo to become Breast cancer is the most common type of the better angels of our nature. president.’’ cancer among women in the U.S. other than It is said that to whom much is given, much Teddy sent me a telegram that read: ‘‘I al- skin cancer. is expected. No one expected more of himself ways wanted to be president, but I’m glad you In 2009, it is estimated that in the United than did Ted Kennedy, and no one gave more got there first.’’ States there will be 192,370 new cases and of himself to others. No one bore greater burdens—some of 40,170 deaths from breast cancer. No one bore greater burdens—some of them self-inflicted. He faced them unflinchingly Sadly, just in my District in San Bernardino them the result of cataclysmic events that and with the hope that he would do better. In County, California the breast cancer incidence damaged not only our nation, but hurt him a scandal-besieged era, he was, again, an ex- was reported to be 116.6 cases per 100,000 deeply and in ways that would have paralyzed ample to us of how to live in the public eye females during the period of 2001 to 2005. any of us. with humility, with humanity and with yet an- This is why we need to continue all efforts He carried on, shouldering the future of a other kind of courage. to raise awareness, not just during October young and sprawling family and the continuing He said: ‘‘I recognize my own short- but throughout the year. hopes and dreams of our nation. comings—the faults in the conduct of my pri- In a speech in August of 1968, mere weeks As a husband, father, grandfather, and as a vate life. I realize that I alone am responsible son—the wonderful women in my life continue after the death of his brother Bobby, Teddy for them, and I am the one who must confront said: to be my driving force behind trying to make them. I believe that each of us as individuals a difference in this fight against breast cancer. ‘‘There is no safety in hiding. Like my broth- must not only struggle to make a better world, ers before me, I pick up a fallen standard. My efforts and passion date back to my but to make ourselves better, too.’’ public service in the California State Legisla- Sustained by the memory of our priceless When others would have scrambled for the ture. years together, I shall try to carry forward that safety of obscurity, he stood at the helm and Through the leadership of Senator DIANNE special commitment to justice, excellence and sailed the storms. courage that distinguished their lives.’’ He was flawed but in a way that makes his FEINSTEIN, I helped passed the reauthorization We met in 1978 in San Francisco when I virtues stand even taller, for in our midst was for the Breast Cancer Stamp, which to this was little more than a laborer in the vineyards a man who never thought of himself as a date has raised over $55 million dollars for re- of California Democratic politics. In 1979, I saint, but believed that the least among us de- search on breast cancer. joined his campaign for president and was ap- serve the greatest blessings this nation can These efforts coupled with the month long pointed to his state steering committee. bestow. activities of many organizations on behalf of I soon found myself involved in decisions He was generous. He was thoughtful. He Breast Cancer Awareness Month are nec- about who to seat at the 1980 Democratic was passionate. He was courageous beyond essary to ensure that all men and women Convention and in strategic discussions about measure. across America have the tools to overcome how we might win the nomination against a And so it is fitting that his last large moment breast cancer. sitting president. on the national stage should be filled with While we recognize October as Breast Can- In this way, he lifted the fortunes and the hope. This is how he lived his life. This is the cer Awareness Month, we must also keep in sights of so many, allowing us to find new gift he gave to us. mind that breast cancer is prevalent in our so- challenges, to seek out new responsibilities At his final Democratic convention, he ciety and any healthcare reform must address and to broaden our own understanding of harkened to his own past to paint an enduring this problem. what we could do, who we could be and how vision of a better tomorrow that is uniquely This is why passing healthcare reform that we could help him achieve an America of jus- Teddy: includes a ban on denying coverage based on tice, excellence and courage. ‘‘The work begins anew. The hope rises pre-existing conditions is extremely important. It was at the convention, of course, that he again. And the dream lives on.’’ Millions of Americans combating breast can- gave what is widely regarded as his greatest So, we are saddened at his passing and in cer must not be denied coverage based on single speech. The speech concluded with the knowledge we will never see his like again their condition at a time when these individ- those words that have continued to ring out and that we will never be warmed by the sun uals need coverage the most. through the decades: ‘‘The work goes on, the in quite the same way. We must ensure that access to adequate cause endures, the hope still lives, and the But we are filled with the promise he be- testing for breast cancer and patient education dream shall never die.’’ lieved and that he gave us, ready to do battle is readily available. Conventions have become pre-packaged in his name and to extract a measure of joy I congratulate all individuals and organiza- events with carefully staged ‘‘spontaneous’’ from life, as he would do. tions that will hold events this month, and urge

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2487 every American to do their part to observe votes 756, 757, 758, 759 and 760. Had I been petition Act of 2009, a bill that will help Breast Cancer Awareness Month. present, I would have voted ‘‘yea’’ or ‘‘aye’’ on achieve some of the goals that are essential f all. to health care reform: ensuring fair market f competition and increasing access to afford- 100TH ANNIVERSARY OF THE able drugs. BOROUGH OF SOMERVILLE IN RECOGNITION OF MARY’S PIZZA State-of-the-art drugs have undoubtedly im- SHACK proved and saved lives, and consumer de- HON. RODNEY P. FRELINGHUYSEN mand for these drugs has certainly posed an OF NEW JERSEY HON. MIKE THOMPSON economic burden on countless Americans. Al- IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA though prescription drugs account for 10 per- IN THE HOUSE OF REPRESENTATIVES cent of total health care expenditures, it is one Wednesday, October 7, 2009 Thursday, October 8, 2009 of the fastest-growing segments within health Mr. FRELINGHUYSEN. Madam Speaker, I care spending. Consumers are not the only Mr. THOMPSON of California. Madam rise today to congratulate the citizens of the ones who face the cost of prescription drugs. Speaker, I rise today along with my colleague, Borough of Somerville, county of Somerset, The federal government is now the largest LYNN WOOLSEY, to recognize and honor New Jersey, as they celebrate the 100 year purchaser of drugs in the United States and Mary’s Pizza Shack, which has been selected anniversary of the incorporation of their mu- accounts for roughly two-fifths of the drug con- as the Business of the Year by the Sonoma nicipality. sumer market. Valley Chamber of Commerce. Although the Borough of Somerville was not Generic drugs cost between 80–85 percent Not only is Mary’s Pizza Shack being hon- incorporated until April 16, 1909, its roots lie less than brand name drugs and comprise 70 ored by the Chamber, but the restaurant chain much deeper in American history. The town of percent of all drug prescriptions that are filled is celebrating its 50th year anniversary as a Somerville was settled in 1683 by Dutch and in the United States today. Many have ac- English immigrants as part of Bridgewater mainstay in Sonoma Valley. Family matriarch, Mary Fazio, started the knowledged the role that generics have played Township. The town unwaveringly aided in the business in Boyes Hot Springs with a $700 in- in alleviating the burden of prescription drug fight for the independence of our Nation, investment and pots and pans from her own costs on individual and government health cluding housing General George Washington kitchen. Her dream was to have a warm, fam- care spending. The Hatch-Waxman Act of from December 1778 to June 1779 while the ily-friendly place where people could enjoy 1984 established a pathway for generic drugs Continental Army was stationed at Camp Mid- hearty portions of her family’s favorite foods at to receive approval from the Food and Drug dlebrook. reasonable prices. It was clearly a recipe for Administration, FDA, and enter the consumer Until the 1840s, Somerville was a sparsely success. Today there are 18 ‘‘Shacks’’ in market. However, some generic and brand populated agricultural community. However, seven counties in Northern California and this name drug companies have exploited a flaw in with the completion of the rail line in the 1840s third generation-run family business is branch- this Act and have restricted access to and the development of water power in the ing out this year with a new fast/casual res- generics. 1850s, Somerville rapidly developed. From the Under the Hatch-Waxman Act, the first drug taurant concept to compliment to original abundant red clay from which Somerville was company that submits an application for prod- Mary’s Pizza Shacks. built, brick making became one of the earliest But Mary’s is much more than a successful uct approval to the FDA receives a 180-day industries. business model; it is an integral part of the period of exclusivity in which no other generic Today, Somerville is an essential hub in fabric of the community. company is allowed to enter the market. This central New Jersey, and the seat of county For generations, it is been the after-game application is also accompanied with a chal- government, the Somerset Board of Chosen destination for every sports team in the valley, lenge to the brand company’s drug patent. In Freeholders. Its bustling yet quaint Main Street young or old. Countless victories have been response, brand companies often pay generic boasts numerous boutique specialty shops celebrated there and losses have been made companies large sums of money to encourage and a large variety of dining options. The bor- a little more bearable with a pepperoni pizza them to postpone their entry into the market. Generic drug companies frequently comply ough also hosts many local recreational, cul- or two. tural, and historical activities, including the an- Since its inception, Mary’s has given back to because they can retain their 180-day period nual Tour of Somerville bike race, the oldest the community through its financial support of of exclusivity even if they agree to enter the bicycle race in the United States, and both the 50 community organizations each year, market years later than was first anticipated. home of the historic Wallace House and Old through its popular ‘‘Dine and Donate’’ nights, Additionally, generic manufactures that were Dutch Parsonage. Somerville has truly be- and its commitment to the valley’s youth. As not the first-to-file have no incentive to chal- come a premiere destination for visitors. an employer, Mary’s makes it a point to hire lenge the brand company’s patent and poten- The Borough of Somerville continues to people with disabilities. tially open the blocked markets because they grow and prosper. Currently, the borough is in Madam Speaker, local businesses in the would not be able to enter the market until the process of completing a large redevelop- small communities throughout our two Con- after the 180-day exclusivity period. ment project to include a new shopping cen- gressional districts are much more than em- Madam Speaker, the Drug Price Competi- ter, town homes, and many other amenities on ployers. They are the backbone of a support tion Act of 2009 is a House companion to a the grounds of the former borough landfill. The system for projects, non-profit organizations, bill that Senator BILL NELSON of Florida intro- project is centered around the Somerville train and our youth and civic events that would not duced earlier this year. The bill targets the station and envisioned as a transit village re- be successful without their involvement. Like root of the blocked drug market problem. It al- development. many of the businesses selected by the lows generic companies that win patent chal- Madam Speaker, for 100 years, Somerville Sonoma Valley Chamber of Commerce as its lenges to share the 180-day exclusivity period has been a center for local commerce, not Business of the Year, Mary’s Pizza Shack ex- with the generic companies that first submitted only the citizens of Somerville, but for all of emplifies this commitment. It is therefore ap- an application to the FDA. However, no sub- New Jersey. Somerville is truly a unique and propriate for us to honor Mary’s Pizza Shack, sequent challenger would be eligible to share special part of New Jersey, and I ask you, the Fazio family and all of their employees, in the exclusivity reward once the generic drug Madam Speaker, and my colleagues to con- both past and present, for 50 years of dedi- has been launched. If enacted, first-to-file generic manufactures gratulate all residents of Somerville on their cated service to the Sonoma Valley. special centennial celebration. would be less likely to accept a late entry date f f because this would mean that another generic INTRODUCING H.R. ll, DRUG manufacturer could win a patent challenge PERSONAL EXPLANATION PRICE COMPETITION ACT OF 2009 and share the 180-day exclusivity period. Madam Speaker, generic medications are HON. JOHN B. LARSON HON. ALCEE L. HASTINGS critical to managing everything from heart dis- OF CONNECTICUT OF FLORIDA ease to battling life-threatening cancer. Sty- mied market competition and delayed access IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES to generic medication pose serious health and Thursday, October 8, 2009 Thursday, October 8, 2009 economic costs to patients and taxpayers. The Mr. LARSON of Connecticut. Madam Mr. HASTINGS of Florida. Madam Speaker, Drug Price Competition Act of 2009 will effec- Speaker, on October 7, 2009 I missed rollcall I rise today to introduce the Drug Price Com- tively correct the systemic flaw in the Hatch-

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2488 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 Waxman Act that has blocked price competi- serve Readiness Command, Northeast, New- trict, as the Puerto Rico—Virgin Islands tion, and increase access to affordable life- port, RI. He also served as the Director of Lo- Friendship Celebration, to honor and com- saving medications. I urge my colleagues to gistics, Naval Air Facility, Washington, D.C. mend a mover and shaker in my community, support this important bill that takes a fair mar- from September 2007 to December 2007. who has served our community, in particular ket and cost-saving approach to improving our Commander Clements is currently the Deputy its youth in an exceptional manner for many health care system. Director of Training and Readiness (J–97), years. Celia Torres Garcia Maldonado, or f Joint Reserves Forces, Defense Logistics Cielo, as she is affectionately known, has for Agency (DLA), Fort Belvoir, VA, responsible the past thirty five years been the visionary HONORING COMMANDER ROBERT for the training and readiness of over 750 mili- ‘‘CLEM’’ CLEMENTS behind an organization that has provided tary reservists assigned throughout the DLA structure, creativity, and the opportunity to organization supporting worldwide military op- excel to young women and men on my home HON. ERIC J.J. MASSA erations. island, St. Croix in the U.S. Virgin Islands. OF NEW YORK His personal decorations include the De- IN THE HOUSE OF REPRESENTATIVES fense Meritorious Service Medal, the Meri- In 1974, when her young daughter expressed interest in becoming a majorette, Thursday, October 8, 2009 torious Service Medal (four awards), the Joint Service Commendation Medal, the Navy and Cielo, finding that there were not any viable Mr. MASSA. Madam Speaker, I rise today Marine Commendation medal (three awards), groups for her to join on St. Croix, took it upon to honor a friend and fellow Naval Officer, and the Navy and Marine Corps Achievement herself, with the help of like minded friends to CDR Robert S. Clements. Tomorrow, after his Medal (five awards). Commander Clements found the St. Croix Majorettes, an organization 25-year tenure with the United States Navy, was the recipient of the Naval Reserve Asso- which has stood the test of time in providing Commander Clements will commemorate his ciation’s 1994 Junior Officer of the Year a positive outlet for St. Croix’s youth to de- retirement with a ceremony aboard the Display Award. He is a life member of the Naval Re- velop their performing talent. Ship Barry in the Washington Navy Yard. serve Association, NRA, and also a member As the story is told, with the purchase of a He enlisted in the U.S. Navy Reserve in of the National Naval Officers Association. On May 1984 and graduated from Recruit Basic baton and the help of her sister Mirta L. behalf of the United States Congress, it is my Martńez, it all began. The St. Croix Majorettes Training in October 1984. After receiving his honor to recognize Commander Clements and was organized in May 1974 with Celia T. commission in the Navy and graduating with a the essential contributions he has made to our Maldonado as director, and Mirta L. Martıńez B.S. degree in Business Management in May great Nation. 1988, Commander Clements subsequently and Marıá Cotto as co-directors. These ladies f graduated from Navy Supply Corps School, were assisted by the late Miguel Duchesne. Athens, GA, in December 1988. BREAST CANCER AWARENESS The local majorettes started with twenty girls In January 1989, Commander Clements re- MONTH practicing at the Canegata Ball Park. Within ported to USS Savannah (AOR–4) in Norfolk, two months, and with the help of the Doc VA, and served as the Disbursing Officer, HON. J. GRESHAM BARRETT James Radio Talk Show, parents were en- Sales Officer, and Food Service Officer. In OF SOUTH CAROLINA couraged to register their children and this led April 1992, he reported to Naval Air Station, IN THE HOUSE OF REPRESENTATIVES to an increase of 150 active participants. In Joint Reserve Base, New Orleans, LA, where 1975, the St. Croix Majorettes and Marching he served as Combined Bachelor Quarters Of- Thursday, October 8, 2009 Band were officially inducted into the Major- ficer, and Aviation Support Division Officer. Mr. BARRETT of South Carolina. Madam ettes and Band Federation of Puerto Rico. After receiving his M.S. degree in business Speaker, October marks Breast Cancer The organization grew and eventually, Cielo management from Troy State University in Au- Awareness Month. Right now there are over and the St. Croix Majorettes, was responsible gust 1994, he served as Supply Officer in 2.5 million breast cancer survivors in this na- for hosting the first Majorette festival on St. USS Elliot (DD–967) in San Diego, CA from tion. 1995 to May 1997. Croix. Seven groups came from Puerto Rico Jean Kling in Aiken, SC is one. Upon hear- and one from St. Thomas to participate in the Commander Clements was selected to ing of her diagnosis, Mrs. Kling tearfully and VIPR Friendship Day celebrations. serve as the Officer in Charge, Chairman’s bravely smiled at her husband and three Dining Room, Office of the Chairman, Joint grown children. Nothing had prepared any of Under the leadership of Cielo, the St. Croix Chiefs of Staff, Pentagon, Washington. DC, them for this news. But like every other chal- Majorettes have been invited and have partici- where he served on the Joint Staff from June lenge in her life, Mrs. Kling encouraged herself pated in numerous festivities on the U.S. 1997 to July 1999. A millennium graduate of in her faith in Jesus Christ and began the mainland and Caribbean islands representing the Marine Corps University, Command and process of getting well. St. Croix in a dignified and diligent manner. Staff College, he completed the 10–month She underwent a mastectomy. Lost all her After thirty three years, Celio T. Maldonado, Joint Professional Military Education (JPME) hair during six months of chemotherapy and director of the St. Croix Majorettes, has over Phase I curriculum and Military Operations saw signs of re-growth during six months of 300 members who are still performing when- other than War (MOOTW). radiation. After all her treatments, doctors said ever they are called upon to do so. They con- Commander Clements served as the Direc- she was cancer free and she remains that tinue to practice at their headquarters located tor of Operations, Fleet Hospital Support Of- way 10 years later. in Est. Peter’s Rest. All members and parents fice, Williamsburg, VA from August 2000 to Mrs. Kling is one of many women who have September 2003 and as Deputy Director of of the St. Croix Majorettes have become her survived the devastating diagnosis of breast most precious ‘‘extended family’’. Operations and Mobilization Officer, Navy Ex- cancer. During October, we remember our peditionary Logistics Support Force loved ones who have lost their lives to this Her utmost satisfaction, pride and joy is (NAVELSF), Williamsburg, VA from October disease and we thank all those in the medical when former members, who are now parents, 2002 to July 2004 where he mobilized the ini- profession, researchers and the American bring their children to enroll. As she travels tial NAVELSF capabilities in support of Oper- Cancer Society for all they do to make a dif- around and meets her ‘‘extended family’’, her ation Iraqi Freedom I. He then served as the ference. proud remark is always, ‘‘This is, or was one Deputy Assistant Chief of Staff for Logistics/ f of my majorettes.’’ N4A, Commander, U.S. Naval Forces Central Cielo’s reach has been far and wide. For in- Command, Commander, U.S. Fifth Fleet, TRIBUTE TO CELIA TORRES stance, one of my staffers, Attorney Angeline Manama, Bahrain in support of Operation Iraqi GARCIA MALDONADO Muckle Jabbar, one of the original group of lit- Freedom II and additionally, he led the logis- tle girls who are now successful in their ca- tics crisis action planning in support of the Oc- HON. DONNA M. CHRISTENSEN reers, was molded by Cielo and the St. Croix tober 2005 Pakistan earthquake relief effort. OF VIRGIN ISLANDS Majorettes. From May 2006 to August 2007, Com- IN THE HOUSE OF REPRESENTATIVES mander Clements served as the Director of Madam Speaker, today, I ask the Congress Logistics, Reserve Component Command, Re- Thursday, October 8, 2009 to join me in commending an outstanding Vir- gion Mid-Atlantic and was responsible for the Mrs. CHRISTENSEN. Madam Speaker, I gin Islander and American of Hispanic Herit- integration of Navy Reserve Readiness Com- rise to join in the commemorations of Hispanic age who continues to serve her community mand Mid-Atlantic, Wash., D.C. and Navy Re- Heritage Month and as it is known in my dis- and its youth in an outstanding manner.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2489 CONFERENCE REPORT ON H.R. 3183, ments of the Atomic Energy Act and NEPA in CONFERENCE REPORT ON H.R. 2997, ENERGY AND WATER DEVELOP- regards to the licensing process. Under these AGRICULTURE, RURAL DEVELOP- MENT AND RELATED AGENCIES regulations, for example, the NRC is required MENT, FOOD AND DRUG ADMIN- APPROPRIATIONS ACT, 2010 to prepare an environmental impact statement ISTRATION, AND RELATED AGENCIES APPROPRIATIONS SPEECH OF (EIS) as part of the COL application. Accord- ing to the NRC website, ‘‘the NRC staff esti- ACT, 2010 HON. EDWARD J. MARKEY mates that the environmental review process OF MASSACHUSETTS will take approximately 24 months. This in- SPEECH OF IN THE HOUSE OF REPRESENTATIVES cludes scoping, issuance of the draft EIS, a HON. CANDICE S. MILLER Thursday, October 8, 2009 comment period, and issuance of the final OF MICHIGAN Mr. MARKEY. Mr. Speaker, I wish to ad- EIS.’’ dress briefly the language of Section 401 of IN THE HOUSE OF REPRESENTATIVES While it is true that the necessary reviews the conference report, which requires the Nu- Wednesday, October 7, 2009 clear Regulatory Commission (NRC) to pro- take time, the NRC’s licensing regulations vide a report on barriers to the issuance of a were enacted to protect the public from poorly Mrs. MILLER of Michigan. Mr. Speaker, I combined construction and operating licenses sited locations, untested reactor designs, and rise today in strong support of the Conference (COLs). other factors that could lead to environmental Report for H.R. 2997, the Agriculture Appro- As the Chairman of the Energy and Environ- damage, unsafe construction, or even cata- priations Act of 2010. ment Subcommittee of the House Energy and strophic nuclear emergencies. I support an ef- My district is home to some of the most fer- Commerce Committee, which has jurisdiction ficient and effective NRC licensing process as tile farm land in our great nation, as well as over the NRC, I want to ensure that the Com- long as it does not come at the expense of the some of the hardest working farmers. mission, in responding to Section 401, re- safeguards codified in existing law. While so many people identify Michigan with mains cognizant of its responsibilities to com- manufacturing, it can be easy to forget that In point of fact, it does not appear that the ply with the substantive and procedural re- agriculture is Michigan’s second leading indus- quirements of the Atomic Energy Act, the Na- licensing process itself is to blame for any try, and the bright spot in a struggling Michi- tional Environmental Policy Act (NEPA) and delays in new reactor approval. In 2007 the gan economy. NRC regulations in the issuing of COLs to NRC established the Office of New Reactors As you drive through my district, you will new nuclear power plants. These laws cannot (NRO), separate from the Office of Nuclear see fields full of dry beans, sugar beets, corn, be overridden or even challenged by a report- Reactor Regulation, so that the NRO can wheat, soybeans, various vegetables, and ing requirement appended to an annual appro- focus solely on the review of new reactors. In- other crops needed to feed our nation and the priations bill. deed, NRC Chairman, Dr. Gregory Jaczko, The NRC should, of course, review COL ap- rest of the world. You will also see thriving plications in an efficient fashion, without undue has repeatedly stated that the licensing delays cattle and pork industries. or unwarranted delays. However, speed of ac- are ‘‘almost exclusively tied to challenges with This bill is important because it provides tion is not the only policy interest that the Con- the [reactor] designs not being complete,’’ re- much needed funding for the Farm Services gress has with respect to licensing. Public sulting in license applications that reference Agency which administers disaster and loan confidence in the fairness and integrity of the uncertified design plans. This bottleneck has programs, farm commodities and conservation licensing process requires the Commission to far more to do with the iterative design ap- programs directed towards producers. ensure that licensees comply with the sub- proval process, than with potential internal The bill also goes a long way in providing stantive safety requirements of the law and of NRC barriers such as inefficient administration money for continued agriculture research NRC regulations. The Commission must there- or inadequate funding. Certainly all must which is so important in increasing harvest fore assure that it does not sacrifice crucial agree that it is impossible for the NRC to ap- yields and furthering education for our pro- safety evaluations, public input or adequate prove a license application for which there is ducers. Agriculture research is vitally important environmental review as part of any effort to not yet an approved design! to ensure that America remains the greatest streamline or accelerate its regulatory func- food producer in the world. tions. Finally, I would note that while Section 401 Finally, this legislation will provide nec- Under Section 185 of the Atomic Energy mandates report submission to the committees essary money for our nation’s struggling dairy Act, the NRC is directed, after holding a public on Appropriations, the House Energy and farmers. In these tough economic times, dairy hearing, to ‘‘issue to the applicant a combined Commerce Committee, which is the NRC’s au- producers have been struggling with a steep construction and operating license if the appli- thorizing committee, also expects to receive drop in price for their product. My district is cation contains sufficient information to sup- copies of any reports submitted pursuant to home to a large dairy industry, and it is of vital port the issuance of a combined license and this Section. importance that we do all that we can to help the Commission determines that there is rea- these producers out. sonable assurance that the facility will be con- I look forward to seeing the Commission’s While there are certainly challenges with structed and will operate in conformity with the report on this matter, and I urge the Commis- this bill, it is vital that we move this important license, the provisions of this Act, and the sion to pay careful heed to the current laws funding bill forward. The funding provided by Commission’s rules and regulations.’’ and regulations under which the NRC oper- this bill will serve as strong support for an in- The Act further stipulates that in conducting ates, so that we ensure that the nuclear reac- dustry that is crucial for our national economy. its licensing activities, ‘‘The Commission shall tor application process works properly. identify within the combined license the in- I strongly urge my colleagues to vote in spections, tests, and analyses, including those f favor of this important legislation. applicable to emergency planning, that the li- censee shall perform, and the acceptance cri- PERSONAL EXPLANATION f teria that, if met, are necessary and sufficient to provide reasonable assurance that the facil- PERSONAL EXPLANATION ity has been constructed and will be operated HON. JIM GERLACH in conformity with the license, the provisions of HON. ILEANA ROS-LEHTINEN this Act, and the Commission’s rules and reg- OF PENNSYLVANIA OF FLORIDA ulations.’’ IN THE HOUSE OF REPRESENTATIVES Moreover, the Act mandates that: ‘‘Following IN THE HOUSE OF REPRESENTATIVES issuance of the combined license, the Com- Thursday, October 8, 2009 Thursday, October 8, 2009 mission shall ensure that the prescribed in- spections, tests, and analyses are performed Mr. GERLACH. Madam Speaker, unfortu- Ms. ROS-LEHTINEN. Madam Speaker, on and, prior to operation of the facility, shall find nately, on Tuesday, October 6, 2009, I missed rollcall no. 754, a motion to instruct Conferees that the prescribed acceptance criteria are three recorded votes on the House floor. Had on H.R. 2647, the Department of Defense Au- met.’’ I been present, I would have voted ‘‘yea’’ on thorization, FY2010. In addition, NRC regulations 10 CFR Part rollcall 753, ‘‘nay’’ on rollcall 754, and ‘‘yea’’ Had I been present, I would have voted 51 and 10 CFR Part 52 implement the require- on rollcall 755. ‘‘nay.’’

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2490 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 HONORING THE SERVICE AND entire region especially our longtime partner brate Italian-American culture while inspiring DEDICATION OF MARK W. LIBELL Pakistan. new generations of civic involvement and gen- We need to heed the advice of our com- erosity, fitting tributes to Mr. Stella’s continued HON. BART GORDON manders on the ground who are requesting work. Madam Speaker, I ask my colleagues to join OF TENNESSEE more reinforcements and more resources. We me in thanking Frank Stella for his lifetime of IN THE HOUSE OF REPRESENTATIVES need to implement a strategy that will capture or kill those responsible for terrorist acts as service and dedication. I wish Mr. Stella a joy- Thursday, October 8, 2009 well as destroy their financial and logistical ous 90th year full of health and happiness. Mr. GORDON of Tennessee. Madam networks. We must ensure they will not find a f Speaker, I rise today to honor the service and safe haven anywhere from which to plot. I join RECOGNIZING THE 20TH ANNIVER- dedication of Mark William Libell, a member of with Republican Whip ERIC CANTOR to urge SARY OF THE SUNSHINE SLOP- my staff who is leaving my office to pursue the Democrats and Republicans to uphold Presi- ERS SKI CLUB next phase in his career. dent Barack Obama’s campaign pledge to pro- Mark grew up in Alabama and received his tect American families by defeating terrorists bachelor’s degree in History from Maryville in Afghanistan. HON. KENDRICK B. MEEK OF FLORIDA College in East Tennessee. After getting his f IN THE HOUSE OF REPRESENTATIVES start on the Senate side of the Hill, Mark returned to school to pursue a J.D. at the Uni- TRIBUTE TO MR. FRANK STELLA Thursday, October 8, 2009 versity of Alabama, which he completed in 2 Mr. MEEK of Florida. Madam Speaker, I rise years. HON. SANDER M. LEVIN to recognize the 20th Anniversary of the Sun- Mark was drawn to the pace and promise of OF MICHIGAN shine Slopers Ski Club, the first African-Amer- Washington at a young age. With a love of IN THE HOUSE OF REPRESENTATIVES ican ski club in the state of Florida. American history, Mark grew up reading the Thursday, October 8, 2009 Skiing, a sport that is an exhilarating activity stories of our Nation’s leaders. In fact, I think that allows individuals and families to enjoy a he has the record in my office for the number Mr. LEVIN. Madam Speaker, it is with joy natural environment and participate in physical of books he requested from the Library of that I rise today in tribute to Mr. Frank Stella, activity, may seem uncommon for residents in Congress. His commitment to public service is an icon of Metropolitan Detroit, who will cele- the State of Florida. Yet, the Sunshine Slopers evident in his work and has earned the re- brate his 90th birthday on October 30, 2009. Ski Club prospered throughout the last 20 spect of his colleagues. A successful entrepreneur and eternal phi- years into a popular and successful club that As the Senior Legislative Assistant in my of- lanthropist, Mr. Stella embodies the American positively impacts African-American commu- fice, Mark was a valuable resource to me and Dream. The son of Italian immigrants, he nities through programs that provide opportu- my staff. His broad knowledge of policy, his bravely served in the U.S. Army Air Forces nities for adults and youth to participate in rec- appreciation for the rules of the House, and during the Second World War and founded the reational and competitive skiing. his enthusiasm for the job helped me to ad- F.D. Stella Products Company, a food service On June 28, 1989, the first organizational vance my legislative priorities and better serve distributor, in 1946. His company is today a meeting of the Sunshine Slopers, Inc. was my constituents. preeminent national supplier and designer of held at the North Dade Regional Library in While Mark’s work-related contributions restaurant equipment. Miami Gardens, Florida. Subsequent meetings were held at the same location while the have been greatly valued, his sheer presence Over the past six decades, Mr. Stella has group developed a club logo, selected club in the office will be sorely missed. Mark was not just built a business in Detroit: he has built colors, and elected officers. By September 5, always one of the first in the office to grab a legacy in service to the community. His in- 1989, the club was established with 36 charter lunch, usually around 11:30 a.m. His choice of volvement spans prominent educational and medical institutions, civic and business organi- members and was accepted as a develop- food was always a topic of discussion in the mental club of the Eastern Region of the NBS. office as the aroma filled the air, whether fish zations, and charitable and political causes. He has served as a Board Member to the Uni- The Sunshine Slopers, Inc. was incorporated from the cafeteria or Chinese food. on October 2, 1989, thereby becoming the first Madam Speaker, there is no question that versity of Detroit—Mercy for more than two decades, in addition to the Board of Directors African-American ski club in the State of Flor- Mark’s character of thoughtfulness, dry humor, ida. Soon thereafter, the officers began to get and fun spirit is strong and will be missed by for the Detroit Medical Center, the Michigan Chamber of Commerce, the Economic Club of the club active through involvement in ski-bet- all. ter workshops and attending eastern regional Mark, I thank you for your service and wish Detroit, the Detroit Symphony Orchestra Hall, and the National Italian American Foundation board meetings. you the best of luck in the future and in your The groups first trips were: Beech Mountain, of Washington, D.C., among many, many oth- new position. North Carolina; Snowshoe, West Virginia; ers. The impact of his philanthropy was recog- f Lake Tahoe, Nevada, Mini-Summit, and nized by five of our country’s presidents and Smugglers Notch, Vermont, Winterfest. On DEEPEST SYMPATHIES FOR INDIA three of our state’s governors. March 22, 1990, during the American Chal- AND AFGHANISTAN Frank Stella has received many awards, lenge Cup Mini-Summit at Heavenly Ski Re- though none can fully capture his contributions sort in Lake Tahoe, the Sunshine Slopers, Inc. HON. JOE WILSON to the public and private arenas. His catalogue was officially accepted into the National Broth- OF SOUTH CAROLINA of honors only begins to highlight the gratitude erhood of Skiers by the national president IN THE HOUSE OF REPRESENTATIVES of those he has served: Mr. Stella was award- Paul Ray, national membership director Naomi ed the decoration of ‘Grande Ufficiale,’ the Thursday, October 8, 2009 Bryson and eastern region vice president Government of Italy’s highest honor; named Jeanie Polk. Sunshine Slopers, Inc. was rec- Mr. WILSON of South Carolina. Madam ‘Michigander of the Year’ by the Detroit News ognized by Polk as the fastest growing club in Speaker, I wish to express my deepest sym- and ‘Executive of the Year’ by the Detroit Ex- the country. At the end of its first year, mem- pathies for the people of India and Afghani- ecutive Association; received the George bership was approximately 140 which included stan after a cowardly homicide bomb attack Romney Award for Lifetime Achievement in singles, married couples and children. Cur- outside the Indian Embassy in Kabul this Volunteerism, the Urban League Warrior rently, there are about 200 members of the morning. Our thoughts and prayers go out to Award, and the Bnai Brith Award, to name just club. the families who have lost loved ones. As the a very few; and was granted three honorary The Sunshine Slopers strongly supports the former co-chair of the Congressional Caucus doctorates. NBS’ key focus of finding and developing on India and Indian Americans and current co- As he turns 90, and is joined by his family, Olympic caliber skiers. Their focus is one of a chair of the Afghanistan Caucus, I am person- friends, and colleagues in celebration, Mr. kind, and fosters assertiveness, self-actualiza- ally concerned. Stella is unsurprisingly choosing to honor this tion, and self-determination. Additionally, they These bloodthirsty attacks are a clear sign landmark occasion with a fundraiser for four of aim to develop leaders that are a benefit to that we face a determined enemy. But our his favorite charities—the National Italian various communities. The NBS provides fund- fight in Afghanistan not just against terrorist American Foundation Scholarship Fund, Or- ing to its youth programs in support of young elements like Al Qaeda who murdered Ameri- ders of the Sons of Italy in America, Italian athletes who otherwise would not have the op- cans on September 11. We face a larger Language Inter-cultural Alliance, and Boys portunity or financial resources to ski competi- threat to the people and to the stability of the Town of Italy. These charities proudly cele- tively or recreationally.

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2491 Madam Speaker, please join me in applaud- short period of time. Labor market experts Ceremony for today, Friday, October 9, 2009 ing Sunshine Slopers Ski Club as it celebrates believe that in the future there will be a in the St. Elizabeth’s Hospital Chapel. Chief 20 years of synonymous and exceptional ex- strong supply of jobs for people who have William ‘‘Dub’’ Warrior will be the keynote two-year degrees or occupational certifi- perience to the sport of skiing—which in turn cates. In fact, these so-called ‘‘middle-skill’’ speaker for this event. He is the descendant offers unique opportunities to allow all Florid- jobs—nurses, hotel managers, paralegals, of Tony Warrior, who collaborated with and ians and Americans a chance to be together etc.—make up about 50 percent of the labor assisted John Horse, leader of the Seminole- outside and enjoy the season. I appreciate this market in New Jersey and pay above-average Negro Indians, in the movement of their tribe opportunity to congratulate Sunshine Slopers salaries. A licensed practical nurse, for ex- from Indian Territory to slavery-prohibited Ski Club before the United States House of ample, earned a median salary of $46,800 in Mexico. Chief Warrior’s grandfather, Carolina Representatives. 2006, well above the $35,838 median salary for Warrior, and great grandfather, Bill Warrior, all occupations in New Jersey that year. f were members of the revered U.S. Army FLEXIBILITY scouts. OBAMA, THE ECONOMY AND To have a lasting impact on the economy, f COMMUNITY COLLEGES it will be important to prepare students for jobs in industries that are growing and have TESTIMONIAL RECOGNIZING MS. HON. STEVEN R. ROTHMAN a future. A hallmark of county colleges has LUCY BECKHAM AS THE 2010 NA- been their ability and willingness to add TIONAL SECONDARY PRINCIPAL OF NEW JERSEY courses of study that are in demand by the OF THE YEAR IN THE HOUSE OF REPRESENTATIVES communities they serve. This year, Bergen Thursday, October 8, 2009 Community College added nine more degree programs in subjects such as non-profit man- HON. HENRY E. BROWN, JR. Mr. ROTHMAN of New Jersey. Madam agement, homeland security, fire science and OF SOUTH CAROLINA Speaker, I would like to submit the following sports management. When you add them to IN THE HOUSE OF REPRESENTATIVES article entitled ‘‘Obama, the Economy and the existing curricula, Bergen students have Thursday, October 08, 2009 Community Colleges.’’ This article was printed 140 programs of study to choose from, each in the Bergen Record on September 15, 2009: leading to a rewarding career. Mr. BROWN of South Carolina. Madam Obama’s speech was a beginning, a recogni- Speaker, I am pleased to extend my congratu- [From the Bergen Record, Sept. 15, 2009] tion that the path to improving employment lations to Ms. Lucy Beckham of Wando High OBAMA, THE ECONOMY AND COMMUNITY must include community colleges. Many de- School in Mount Pleasant, South Carolina on COLLEGES tails need to be worked out, but we have the her selection as the 2010 National Secondary know-how and experience to help people get (By G. Jeremiah Ryan) Principal of the Year. If most experts are to be believed, the re- back to work. G. Jeremiah Ryan is president of Bergen This distinction, presented by MetLife and cession has bottomed out and we are about the National Association of Secondary School to begin the process of rebuilding our econ- Community College in Paramus. Principals, is a most deserving recognition of omy. While this is good news, it is hardly f comforting to the thousands of New her leadership and dedication to the students Jerseyans who are out of work or under- HONORING CHIEF WILLIAM ‘‘DUB’’ entrusted to her. employed. WARRIOR OF BRACKETTVILLE, The National Principal of the Year program That’s because although business activity TEXAS began in 1993 and was established to honor is starting to pick up, job creation isn’t. In those education administrators that have set fact, the same experts who are predicting the the highest example for their peers. start of an economic rebound readily admit HON. CIRO D. RODRIGUEZ Ms. Beckham’s contributions and sense-of- that the labor market will continue to dete- OF TEXAS purpose extend beyond the campus of Wando riorate well into next year, and they expect IN THE HOUSE OF REPRESENTATIVES the unemployment rate to hit double digits. to so many areas including her church and nu- The question, then, is: What can we do to Thursday, October 8, 2009 merous community activities. prevent further erosion in the job market Mr. RODRIGUEZ. Madam Speaker, I am I am certain that all of the faculty and staff and jump-start employment? President honored to rise today to recognize Chief Wil- at Wando are proud to have her at the helm, Obama answered that question back in July liam ‘‘Dub’’ Warrior of Brackettville, Texas, a and as the grandparent of a Wando student, when, in a major public policy address, he Historian and Seminole-Negro Indian descend- speaking for all the families of the greater unveiled a plan to spend $12 billion over the Charleston area, we congratulate her for being next 10 years to help the nation’s community ent of the John Horse Band, and commemorate the distinguished service and loyalty of No. 1 at Wando and for now being No.1 in the colleges train people for the jobs that will be Nation. needed in tomorrow’s economy. the Seminole-Negro Indian Scouts to the f PARTNERSHIP United States Army. By looking to community colleges for help, Following the Civil War, the Army was INTRODUCTION OF THE ‘‘WATER the president is harnessing a job-training in- called into west Texas to defend settlements TRANSFER FACILITATION ACT frastructure that already exists. No need to and travelers against retaliation raids from dis- OF 2009’’ reinvent the wheel. Two-year colleges have placed Apache and Comanche Indians. How- been preparing students for employment for ever, they lacked the ability to track down and HON. JIM COSTA as long as they have existed. More recently, stop them. The Army needed experienced In- OF CALIFORNIA they have taken the lead in partnering with dian fighters who knew the rugged terrain and government agencies to provide customized IN THE HOUSE OF REPRESENTATIVES were as skilled as their opponents at surviving job training for businesses in their commu- Thursday, October 8, 2009 nities. and fighting in the desert borderlands. Thus, in Bergen Community College and the Bergen 1870 the fearless Seminole-Negro Indians Mr. COSTA. Madam Speaker, yesterday County Workforce Improvement Board came were recruited from Mexico as U.S. Army with Congressman CARDOZA I introduced the together this summer to help supermarket scouts. They were highly regarded and ‘‘Water Transfer Facilitation Act of 2009.’’ retailer Whole Foods train 300 of its employ- praised by their commanders for being excel- Given the overwhelming water user support ees at stores in Paramus and Edgewater. The lent trackers, hunters and marksmen, and ex- we received for this bill, I am submitting addi- board helped arrange a $1 million training perts at hand-to-hand combat. During twenty- grant from the U.S. Department of Labor, tional letters in connection with this bill. while the college developed training budgets six expeditions they engaged in twelve battles SAN JOAQUIN RIVER and schedules, and located instructors for without losing a single scout, and their bravery WATER AUTHORITY, computer courses, as well as for classes in earned four scouts the Congressional Medal San Joaquin Valley, CA, October 5, 2009. customer service and basic supervision. of Honor. Re Support for Transfer Legislation for the Obama is not the only one to recognize the Therefore Madam Speaker it is my great Central Valley Project. value of community colleges. The public has, pleasure to rise and announce in honor of Hon. JIM COSTA, too. This fall, many two-year colleges saw these esteemed persons that the greater Longworth House Office Building, Washington, sharp increases in enrollment. As of the first Washington, DC chapter of the 9th and 10th DC. day of classes, Bergen Community College DEAR CONGRESSMAN COSTA: On behalf of had enrolled 16,769 students, a 17 percent in- Horse Calvary Association, in partnership with the San Joaquin River Exchange Contractors crease over last year. the Army Freedom Team Salute and St. Eliza- Water Authority (Exchange Contractors), we Two-year colleges are also preparing stu- beth’s Hospital of Washington, DC, has thank you for introducing transfer legisla- dents to join the workforce in a relatively planned a Seminole-Negro Indian Recognition tion for the Central Valley Project (CVP)

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2492 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 and we support your efforts and this legisla- are a critical tool for providing water sup- EARMARK DECLARATION tion as a means of providing greater flexi- plies for areas that are faced with chronic bility for management of CVP water sup- water supply shortages. However, the applies. proval process for many transfers often dis- HON. FRANK A. LoBIONDO The diminished water deliveries to the tract from their usefulness. Your legislation OF NEW JERSEY CVP as a result of various regulatory restric- will bring important reform to existing IN THE HOUSE OF REPRESENTATIVES tions, including the most recent delta smelt transfer authorization thus increasing the Thursday, October 8, 2009 and salmon Biological Opinions and three efficacy of this essential water management years of below average precipitation state- tool. Mr. LOBIONDO. Madam Speaker, as per wide, have, as you know, created a desperate As you are keenly aware, the chronic the requirements of the Republican Con- situation in the San Joaquin Valley. water supply shortages impacting the area of ference Rules on earmarks, I secured the fol- While long-term solutions are being the San Joaquin Valley served by the Cen- lowing earmarks in the Conference Report to sought, numerous short term efforts are tral Valley Project demands that water users accompany H.R. 2467. in the affected area rely on water transfers. needed to help bridge the water supply gap Requesting Member: Congressman FRANK and great flexibility, as provided in your leg- Moreover, the need to transfer water is often LOBIONDO (NJ–02) islation, to move water supplies within the urgent and in response to climactic condi- San Joaquin Valley would be a useful tool. tions that are frequently sporadic and Bill Number: H.R. 2467 (Conference Report) The Exchange Contractors consist of four ephemeral. Regrettably, bureaucratic proc- Account: Army—Research, Development, member agencies serving over 240,000 acres in ess can unnecessarily thwart successful exe- Test, and Evaluation the San Joaquin Valley in Fresno, Madera, cution of a transfer. The clarity your legisla- Legal Name of Requesting Entity: (1) Drexel Merced, and Stanislaus Counties. tion brings to existing authorizations will University; (2) Waterfront Technology Center We look forward to engaging in this effort only improve the capability of water man- Address of Requesting Entity: (1) 3141 and working closely with you and your staff agers throughout the State to effectively re- Chestnut Street, Philadelphia, PA 19104; (2) in advancing this legislation and addressing spond to the ongoing crisis and put our scant 200 Federal Street, Suite 300, Camden, NJ California water issues. water resources to use even more efficiently. The westside of the San Joaquin Valley is 08103 Sincerely, Description of Request: Provide an earmark STEVE CHEDESTER, inarguably the most transfer dependent re- Executive Director. gion of the State. Your efforts to address of $3.8 million for Applied Communications this important matter are greatly appre- and Information Networking (ACIN). ACIN en- SAN LUIS WATER DISTRICT, ciated. If there is anything I can do to be of ables the warfighter to rapidly deploy state-of- Los Banos, CA, October 5, 2009. help in connection with your efforts, please the-practice communications and networking Re Water Transfer Facilitation Act of 2009. let me know. technology for warfighting and National Secu- Very truly yours, Hon. DIANNE FEINSTEIN, rity. This funding will build on funding from THOMAS W. BIRMINGHAM, U.S. Senate, Hart Senate Office Building, General Manger/General Counsel. previous years to fully develop this technology. Washington, DC. Requesting Member: Congressman FRANK f Hon. BARBARA BOXER, LOBIONDO (NJ–02) U.S. Senate, Hart Senate Office Building, IN RECOGNITION OF THE OPENING Bill Number: H.R. 2467 (Conference Report) Washington, DC. OF THE CLOVERDALE HISTORY Account: Air Force—Research, Develop- Hon. DENNIS CARDOZA, CENTER ment, Test, and Evaluation House Representatives, Longworth Building, Legal Name of Requesting Entity: Accenture Washington, DC. Address of Requesting Entity: 200 Federal Hon. JIM COSTA, HON. MIKE THOMPSON Street, Suite 300, Camden, NJ 08103 House of Representatives, Longworth House Of- OF CALIFORNIA Description of Request: Provide an earmark fice Building, Washington, DC. IN THE HOUSE OF REPRESENTATIVES DEAR SENATOR FEINSTEIN, SENATOR BOXER, of $4.0 million for Distributed Mission Inter- MR. CARDOZA, and MR. COSTA: I am writing Thursday, October 8, 2009 operability Toolkit (DMIT). DMIT is a suite of on behalf of the San Luis Water District and Mr. THOMPSON of California. Madam tools that enables an enterprise architecture its Board of Directors. We strongly support Speaker, I rise today to recognize the for on-demand, trusted, interoperability among the Water Transfer Facilitation Act of 2009. Cloverdale Historical Society as it dedicates and between mission-oriented C4I systems. Given the regulatory impacts of recent Bio- logic Opinions, the survival of our commer- and opens the new Cloverdale History Center. This spending will build on funding from pre- cial, residential and agricultural water users The new 4,000 square foot, temperature vious years to allow DMIT to be extended to is increasingly dependent on supplemental controlled History Center will house and pre- Joint and coalition requirements, and address water transfers. Your legislation will bring serve a wide variety of artifacts and docu- current weaknesses in Air Force management important reform to existing transfer au- ments and provide accommodations for histor- years ahead of current schedules. Adoption by thorization and this essential water manage- ical, genealogical and cultural research. It will major programs and commercial entities would ment tool. be the centerpiece of a cultural renaissance in lead to savings in the $100 millions on current Coping with chronic water supply short- what has become Sonoma County’s fastest and future DOD programs. ages impacting the Central Valley Project growing city. Requesting Member: Congressman FRANK requires implementation of best management practices including water transfers. The Society is staffed 100 percent by volun- LOBIONDO (NJ–02) The need to transfer water is often urgent. teers who take great pride in the area’s herit- Bill Number: H.R. 2467 (Conference Report) Regrettably, bureaucratic process can unnec- age and its diversity. It was founded in 1968 Account: Navy—Research, Development, essarily thwart successful execution of a by local residents dedicated to preserving the Test, and Evaluation transfer. Your legislation will improve the local history of this vibrant community. Legal Name of Requesting Entity: Absecon capability of water managers throughout the One of its more unique projects is its on- Mills Inc. State to effectively and efficiently respond going work to completely restore Cloverdale’s Address of Requesting Entity: Vienna and to the ongoing crisis. oldest residential structure. The Gould-Shaw Aloe Avenues, PO Box 672, Cologne, NJ Your continuing efforts to address these house and its gardens face the town’s main 08213 important matters are critical and deeply Description of Request: Provide an earmark appreciated. boulevard and lend a 19th century charm Sincerely, through its Gothic Revival architectural style. of $2.5 million for Force Protection—Non-Tra- MARTIN R. MCINTYRE, The Historical Society has also hosted the ditional Weaving Application for Aramid (Bal- General Manager. annual ‘‘Old Time Fiddle Festival’’ for the past listic) Fibers and Fabrics. By reevaluating 35 years. The event helps preserve the his- standard Industry design and manufacturing WESTLANDS WATER DISTRICT, toric fiddling culture and has fostered appre- techniques for force protection technology, we Fresno, CA, October 6, 2009. ciation for this distinctively American music believe Non-Traditional weave designs of Re Water Transfer Facilitation Act of 2009. among the thousands of visitors who have Aramid (ballistic) fiber coupled with new appli- Hon. DIANNE FEINSTEIN, participated in this event throughout the years. cations of microwave plasma treatments can U.S. Senate, Hart Senate Office Building, Madam Speaker, the City of Cloverdale is enhance the strength of the fiber and result in Washington, DC. rightfully proud of the Historical Society and its enhanced individual mobility, ease of medical DEAR SENATOR FEINSTEIN: I am writing on behalf of Westlands Water District to express new History Center. It is therefore appropriate access, reduced weight, increased ballistic its support for your bill, the Water Transfer that we acknowledge and honor the protection, cost effective savings and weight Facilitation Act of 2009, authorizing certain Cloverdale Historical Society and the count- reduction of ballistic materials currently used. transfers of water in the Central Valley less volunteers who have made this dream a Requesting Member: Congressman FRANK Project and other purposes. Water transfers reality. LOBIONDO (NJ–02)

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2493 Bill Number: H.R. 2467 (Conference Report) grow up to become President of the United 93rd Intelligence Squadron at Lackland AFB in Account: Air Force—Advance Procurement States.’’ San Antonio, Texas. The 93rd is the largest Legal Name of Requesting Entity: L–3 Com- I congratulate Dennis Rahiim Watson on his intelligence squadron in the Air Force with munications Systems latest achievement of becoming the new over 800 personnel. Address of Requesting Entity: 1 Federal Chairman of the National Youth and Gang Vi- Following that successful command, the Air Street, Camden, NJ 08103 olence Taskforce and President and CEO of Force sent Colonel Sievers back to school at Description of Request: Provide an earmark the Center for Black Student Achievement. the National Defense University, here in of $3.75 million for Senior Scout COMINT Your commitment to the value of educating Washington, DC. During times of war the best (Communications Intelligence) Capability Up- our youngsters and listening to their concerns and brightest are needed to lead our young grade. As part of the Senior Scout ongoing is irrefutable. men and women and the Air Force turned to mission, there is an immediate need to add So, Madam Speaker, I ask that you and my Colonel Sievers to serve as the forward Direc- improved COMINT capability to detect and distinguished colleagues join me in recog- tor of Intelligence for the entire Air Force com- characterize new, modern, low-power radio nizing my good friend Dennis Rahiim Watson. ponent under Central Command. Deployed signals at extended standoff ranges in the His success is a testament to his historic and forward to Al Udeid Air Base in Qatar, Colonel presence of interference. The current systems tireless commitment to bringing African-Amer- Sievers directed the efforts of all intelligence are not able to detect these specific signal ican youth the vision, the hope, and the dream personnel supporting combat operations in sets, which limits intelligence collection capa- that an African-American could become Presi- both Iraq and Afghanistan. bilities. dent in our lifetime before anyone ever knew Returning to the U.S., Colonel Sievers uti- f it was remotely possible. lized her war experience to help guide the De- f partment of Defense intelligence, surveillance RECOGNIZING THE CONTRIBU- and reconnaissance enterprise as the Collec- TIONS OF DENNIS RAHIIM WAT- HONORING COLONEL KIMBERLY B. tion Requirements Division Chief at the Joint SON AND HIS ONE-MAN SHOW, SIEVERS Functional Component Command for Intel- ‘‘FIRST BLACK PRESIDENT OF ligence, Surveillance and Reconnaissance. THE UNITED STATES’’ HON. ALLYSON Y. SCHWARTZ This would be her final assignment as both OF PENNSYLVANIA she and her husband have chosen to retire HON. CHARLES B. RANGEL IN THE HOUSE OF REPRESENTATIVES from active duty. OF NEW YORK Thursday, October 8, 2009 I am proud to represent Colonel Sievers in IN THE HOUSE OF REPRESENTATIVES the U.S. Congress. She has forged many new Ms. SCHWARTZ. Madam Speaker, I rise Thursday, October 8, 2009 paths within both the intelligence career field today to honor Kimberly B. Sievers, Colonel, and the Air Force, and has led thousands of Mr. RANGEL. Madam Speaker, as we cele- United States Air Force on her retirement from men and women in both peace and war. Our brated the election of President Barack active duty service on October 1, 2009, after nation is safer because of her dedication. Obama as the first African-American President serving for 27 years in uniform in defense of Colonel Sievers is a unique leader, inspiring of the United States, I rise to pay tribute to our country. those around her to perform at the very high- motivational speaker Dennis Rahiim Watson In 1982, Colonel Sievers reported to the est levels in pursuit of mission accomplish- on the occasion of the 26th anniversary of his U.S. Air Force Academy. She graduated in ment, yet at the same time possessing the critically acclaimed one-man show, ‘‘The First 1986 and began training as an intelligence of- compassion to ensure that those in her Black President of the United States,’’ which ficer at Lowery Air Force Base in Denver, Col- charge—and their families—are cared for made its debut in the Art Gallery of the Adam orado. She spent the next several years di- properly. Madam Speaker, I ask that my col- Clayton Powell Jr. State Office Building in my rectly supporting flying operations, providing leagues join me in recognizing and thanking beloved village of Harlem, New York. intelligence and training to pilots at the fighter Colonel Sievers for her exemplary service, Since 1982, Dennis Rahiim Watson, a Ber- squadron level—including the 80th Tactical leadership, dedication, and sacrifice to our na- muda born and Harlem raised former actor co- Fighter Squadron in Kunsan Air Base, Repub- tion. median, has made a major contribution for lic of South Korea, and the 50th Tactical Fight- f over a quarter of a century to black and white er Wing in Hahn Air Base, Germany. youths of America. Throughout his life, he has Colonel Sievers continued to develop her INTRODUCTION OF THE RECIP- inspired, motivated and challenged over 5 mil- analytical and leadership skills at Ramstein Air ROCAL MARKET ACCESS ACT OF lion youth and adults alike with his one-man Base in Germany at both the 7450th Tactical 2009 show, ‘‘The First Black President of the United Intelligence Squadron and the European Com- States.’’ Dennis has thrilled audiences at high mand staff, ending her time at Ramstein as HON. LOUISE McINTOSH SLAUGHTER schools, colleges, and universities among the Team Leader for Intelligence Force Man- OF NEW YORK them Harvard, Notre Dame, Howard, Univer- agement. She returned to Korea for a second IN THE HOUSE OF REPRESENTATIVES sity of Georgia, Tufts, NYU, CCNY, Malcolm- tour at the operation level, leading the Intel- King College, Illinois State University and Uni- ligence Plans and Manpower section at 7th Air Thursday, October 8, 2009 versity of Pittsburg. Force and then the Analyst Element at the Ms. SLAUGHTER. Madam Speaker, I rise Former President William Jefferson Clinton 607th Air Intelligence Squadron. From there, today to introduce the Reciprocal Market Ac- in a letter to Dennis stated that, ‘‘for over a Colonel Sievers moved to the Pacific Air Force cess Act. In the wake of the biggest economic quarter of a century you have used your role staff in Hawaii where she directed the liaison crisis since the Great Depression, our country as the First Black President of the United efforts between the staff and intelligence ele- faces a difficult road towards recovery. As part States to give disadvantaged youth an insight ments of all the Air Force squadrons in the of this effort, it is critical that we ensure that into the future and its possibilities, and by your Pacific. our trade policy is working as it should: to own example you have helped to provide Colonel Sievers was then selected to serve generate new opportunities for our busi- countless young people with the tools and en- in the first of what would be many future lead- nesses, strengthen American manufacturing couragement they need to reach their god- ership positions, as the Director of Operations capabilities, and reduce the unemployment given potential. Your life’s work has been a for the Pacific Intelligence Squadron. She rate that has risen to the highest level in dec- true investment in the future of our Nation.’’ spent a year in residence at the Air Command ades. More recently, President Barack Obama in a and Staff College at Maxwell Air Force Base American manufacturers of products ranging letter praised Watson for his role as the First in Montgomery, Alabama. From there, she from optical fiber to autos and agriculture face Black President of the United States by stating was selected to command the Intelligence Di- continual problems with access to overseas that, ‘‘theatre has the power to inspire and the vision at the elite USAF Weapons School at markets. Our own trade negotiators do little to power to teach and it’s important to use that Nellis AFB in Las Vegas, Nevada. prevent this from happening, as it is often power to lift up and honor our highest ideals.’’ Colonel Sievers was herself one of the very standard for trade agreements to open our ‘‘You have broadcast the message in your role first intelligence officers to graduate from the markets fully to foreign competitors, yet we as the First Black President of the United Weapons School and only the second ‘‘home gain little market access in return. States that all children can dream big dreams grown’’ Intelligence Weapons Officer to com- We must provide our negotiators with un- and that anyone regardless of the color of mand the division. Building on that experience, equivocal guidelines so that they do not relin- their skin can achieve anything. Anyone can Colonel Sievers was selected to command the quish our domestic trade protections without

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2494 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 gaining meaningful market access for Amer- IN RECOGNITION OF THE PASSING Since 1974, ARN has been the leading ican manufacturers in exchange. Unless other OF CYRUS BLACKMAN source for the latest rehabilitation information, governments play by the rules and remove resources, and professional development and barriers to our exports, the U.S. should not ac- HON. JEFF MILLER career opportunities for rehabilitation nursing quiesce to their demands by further opening OF FLORIDA professionals. ARN members are nurses, with our market—which is already the most open a broad range of clinical experience, dedicated IN THE HOUSE OF REPRESENTATIVES market in the global economy. Unilateral disar- to helping individuals affected by chronic ill- mament in the face of foreign protectionist Thursday, October 8, 2009 ness or a physical disability adapt to their dis- practices is unacceptable, and we must en- Mr. MILLER of Florida. Madam Speaker, I abilities, achieve their greatest potential, and sure that our trade negotiators do not under- rise today to recognize Mr. Cyrus Blackman, a work toward productive, independent lives. mine our industries and our workers. World War II hero and a Northwest Florida Presently, ARN comprises a nationwide net- The Reciprocal Market Access Act would in- community leader who passed away on Octo- work of more than 5,500 rehabilitation nurses struct our trade negotiators to eliminate foreign ber 7, 2009. Mr. Blackman spent his life serv- who practice in many settings, including hos- market barriers before reducing U.S. tariffs. ing his country and his family, and I am proud pitals, rehabilitation facilities, home health This bill would also provide enforcement au- to honor his lifetime of dedication and service. agencies, sub-acute and long-term care facili- thority to reinstate the tariff if the foreign gov- Cy Blackman was a native and lifelong resi- ties, and private companies. ernment does not honor its commitment to re- dent of Milton, Florida. He joined the United Ms. Jernigan earned her Bachelor of move its barriers. States Army at a young age during World War Science degree in Nursing from the California This legislation also addresses a serious II, and went on to serve with the 563rd Anti- State University and her Master of Science problem in the current trade negotiating proc- Aircraft Automatic Weapons Battalion oper- degree in Management, with a concentration ess. Tariff and non-tariff sectoral barriers are ating trucks to move personnel, equipment, in Healthcare Planning, from Troy University. In addition to Ms. Jernigan’s academic compartmentalized, meaning that a tariff item and supplies under extremely hazardous com- achievements, she is the author of ‘‘Bureau- can be reduced or eliminated by our nego- bat conditions. A veteran of combat in much of tiators without securing elimination of the non- crats at the Gate,’’ and article published in Central Europe, Cy fought honorably in the tariff barriers that deny U.S. industry access to ARN Network in 2003. She has also given Battle of the Bulge and the Battle of the a foreign market. This legislation would give presentations numerous times on topics relat- Rhine, receiving the World War II Victory our government the right to revoke conces- ing to electronic medical records, surviving the Medal, the American Service Medal, and the sions to cut tariffs if our trading partners fail to nursing shortage, uniform data systems, and European African Middle Eastern Service implement negotiated commitments to elimi- using algorithms in rehabilitation. Medal with three Bronze Stars. nate barriers that had initially been identified Madam Speaker, I urge my colleagues to After demobilization at the end of the war, by U.S. domestic producers for our nego- join me today in recognizing the outgoing Cy returned to Northwest Florida. He worked tiators. president of the Association of Rehabilitation The principle of reciprocity—the principle on at International Paper, where he retired. De- Nurses, Donna P. Jernigan, for her dedication which this legislation is built—is not new. In spite his service in World War II, for 60 years and exemplary work in the field of rehabilita- fact it is a principle that should be essential to Cy never spoke of his time in the Army and tion nursing. any effective trade relationship. Cordell Hull, never requested Veterans Administration ben- f Democrat from Tennessee and Roosevelt’s efits. However in 2008, Cy participated in the Emerald Coast Honor Flight, an experience A TRIBUTE TO LIEUTENANT Secretary of State in 1933, was responsible GENERAL TERRY L. GABRESKI for bringing this concept into the U.S. and that changed his life. After visiting the National global trade systems with the Reciprocal World War II Memorial, he began to open up Trade Agreement Act of 1934. It was this act about his experiences in the war, and later HON. MICHAEL R. TURNER which formed the basis for the General Agree- even served as a spokesman for the Honor OF OHIO ment on Tariffs and Trade (GATT) and the Flight organization, connecting the community IN THE HOUSE OF REPRESENTATIVES World Trade Organization (WTO). Mr. Hull de- with our veterans. Thursday, October 8, 2009 Madam Speaker, on behalf of the United veloped the Act to move away from the nega- Mr. TURNER. Madam Speaker, United States Congress, I am privileged to honor Cy tive consequences of the Smoot-Hawley Tariff States Air Force Lieutenant General Terry Blackman as an American hero reflective of Act, which raised U.S. tariffs on thousands of Gabreski, the highest-ranking female officer in imports to record levels. Smoot-Hawley estab- the spirit of Northwest Florida. Cy will be re- the Air Force, is retiring after 35 years of dis- lished the United States as protectionist, and membered as a loving husband and father tinguished and honorable service to our na- provoked a rash of retaliatory measures from and as an important part of our community. tion. our trading partners. My wife Vicki and I offer our prayers for his General Gabreski distinguished herself as It is no longer the United States that is shut- wife, Polly, children, Christopher and Lecia, Vice Commander of the U.S. Air Force Mate- ting its markets to foreign competitors. We grandchildren, and great-grandchildren as we rial Command at Wright-Patterson Air Force have the most open market in the world, and remember and honor the life of Cy Blackman. Base, located in my congressional district, continue to find ways to lower tariffs and elimi- f from August, 2005 through January, 2010. nate market barriers. Yet this policy is often HONORING DONNA P. JERNIGAN, During her leadership, she catapulted the Air not reciprocated, as American manufacturers Force Material Command into one of the most BSN, RN, CRRN, MS find significant barriers to foreign markets highly efficient and productive organizations while they watch their own domestic market within the Department of Defense. share dwindle. The result is quality American HON. BOB ETHERIDGE General Gabreski executed over 40 percent companies are forced to downsize or close OF NORTH CAROLINA of the entire U.S. Air Force budget during her their doors for good, and American workers IN THE HOUSE OF REPRESENTATIVES tenure and oversaw the full operational capa- are left jobless. Thursday, October 8, 2009 bility of the F–22A. That is not free trade. Free trade involves a General Gabreski supported the warfighter, system where American companies are able Mr. ETHERIDGE. Madam Speaker, I rise ensuring our forward-deployed operations to compete in markets uninhibited by barriers. today to honor Donna P. Jernigan of Carolina have the resources they need. She also It involves a level playing field for American Case Management and president of the Asso- oversaw the development and deployment of companies and our trading partners. And I ciation of Rehabilitation Nurses (ARN) and a AngelFire persistent surveillance and the re- have no doubt that if given a level playing resident of Sanford, North Carolina in my dis- connaissance program, which was lauded by field, American companies and American trict. Ms. Jernigan will soon complete her year the U.S. Marine Corps as ‘‘war-winning tech- workers can compete in any market. as the 2008–2009 national president of the nology.’’ She is also responsible for the Aero- The Reciprocal Market Access Act will man- ARN, a professional organization representing nautical System Center’s Large Aircraft Infra- date that at the very least any trade agree- professional nurses who work to enhance the red Countermeasures (LAIRCM) program, ment does not put American companies and quality of life for those who are affected by which was established in response to the port- workers at a competitive disadvantage. It es- physical disabilities or chronic illnesses. Dur- able anti-aircraft missile threat to intra-theater tablishes what should be the standard for all ing her tenure as president at ARN, Ms. airlift. trade agreements: a mutually beneficial trade Jernigan has been a strong leader and advo- General Gabreski worked to effectively relationship in which goods can be freely ex- cate for rehabilitation nurses, as well as the make sure the Air Force lived within its budg- changed and that promotes economic growth. patients ARN serves every day. et. She radically simplified and streamlined the

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2495 Air Force sustainment funding system through The $750 million authorized in the bill should sponse from U.S. Army Central Command the development and implementation of Cen- be enough to ensure a minimum level of ac- dated September 30, 2009 from Chief of Staff tralized Asset Management (CAM). These ef- cess to legal aid in every county in the coun- Colonel Stephen M. Twitty. The response stated ‘‘On August 14, 2009, the command forts allowed the Air Force to make decisions try. submitted an urgent universal needs state- within constrained funding, enabling war- Although the program has not been reau- ment to their higher headquarters, United fighters to focus on their primary missions, thorized in over 30 years, appropriations bills States Forces—Afghanistan for 75 IEDDDs and established a new level of credibility in over that time have placed restrictions on the with handlers for immediate fielding’’ and warfighter support overall. activities that attorneys in LSC programs can that the request was still pending at that General Gabreski was a leader and inspira- provide. The bill lifts most of these restrictions, time. tion to the Dayton community. During her time including collecting attorneys’ fees, permitting It is my understanding that after fifty-six at WPAFB, she participated in many events, legal aid attorneys to bringing class-action days of operations since the urgent request was made by commanders in the field, the offering advice to women in leadership roles. suits, and allowing lobbying with non-federal 5th Brigade has yet to receive the necessary She is a credit to the Air Force and a source funds. In the spirit of compromise, the bill IEDDDs. I am concerned that commanders of support and inspiration to many throughout does maintain the prohibition on abortion re- on the ground are not receiving resources the military and the Dayton community. lated litigation and incorporates some limits on they are requesting. Please provide an expla- As General Gabreski culminates a distin- whom LSC-funded programs can represent, nation of the plan that is in place to ensure guished career of more than three decades of including prisoners challenging prison condi- that our troops on the ground have the as- Air Force service, I appreciate her dedication tions and people convicted of illegal drug pos- sets needed to keep Americans safe and detect IEDs. to her country, her outstanding performance session in public housing eviction pro- If you have any questions, please contact as the highest ranking female officer in the Air ceedings. The bill also provides for more ef- my district director, Mark Bell. Thank you Force, and her significant contributions toward fective administration of LSC. for your time and attention to this matter, strengthening our military. The Government Accountability Office wrote and I look forward to your reply. f reports highlighting issues with the govern- Sincerely, ance of LSC. In an August 2007 report, GAO PATRICK J. TIBERI, INTRODUCTION OF THE CIVIL found ‘‘. . . LSC has not kept up with evolving Representative to Congress. ACCESS TO JUSTICE ACT OF 2009 reforms aimed at strengthening internal control Enclosures. over an organization’s financial reporting proc- DEPARTMENT OF THE ARMY, THIRD HON. ROBERT C. ‘‘BOBBY’’ SCOTT ess and systems.’’ That same report stated ARMY, UNITED STATES ARMY CEN- OF VIRGINIA that ‘‘The current board has four committees, TRAL, OFFICE OF THE ASSISTANT IN THE HOUSE OF REPRESENTATIVES but none are specifically targeted at providing CHIEF OF STAFF, G1. Fort McPherson, GA, September 30, 2009. Thursday, October 8, 2009 critical audit, ethics, or compensation functions, which are important governance mecha- Hon. PATRICK J. TIBERI, Mr. SCOTT of Virginia. Madam Speaker, nisms commonly used in corporate govern- Representative in Congress, today I rise to introduce the Civil Access to ance structures. Because it has not taken ad- Columbus, OH. Justice Act of 2009. The purpose of this legis- DEAR MR. TIBERI: Thank you for your re- vantage of opportunities to incorporate such cent letter to the Department of Defense on lation is to reauthorize the Legal Services Cor- practices, LSC’s Board of Directors is at risk behalf of concerns. poration, which has not been reauthorized by of not being able to fulfill its role of effective The 5th Brigade, 2nd Infantry Division Congress since 1977. Legal Services Corpora- governance and oversight.’’ (Stryker Brigade Combat Team) arrived in tion was established by Congress in 1974 to Overall, the Civil Access to Justice Act of Afghanistan in July 2009 and deployed into provide legal assistance to low-income people 2009 will provide relief to those who need civil sector in August 2009 with all assigned mine in civil matters. LSC directs and supervises legal representation. I would like to thank Judi- detection equipment. The brigade is not authorized Improvised Explosive Device Detec- the federal grants to local legal service pro- ciary Committee Chairman CONYERS and Rep- viders who give legal assistance to low-in- tion Dogs (IEDDDs) or K9 handlers in accord- resentatives COHEN, WATT, DELAHUNT, LINDA ance with their Headquarters, Department of come clients. SA´NCHEZ and HANK JOHNSON for their hard the Army approved Modified Table of Orga- I am particularly pleased that we are intro- work and dedication to this cause. I urge my nization and Equipment, dated April 16. 2009. ducing this bill, not only because it helps those colleagues to cosponsor and support this im- On August 14, 2009, the command submitted in need, but because of my personal experi- portant legislation to ensure that those who an urgent universal needs statement to their ences with the program. Over 30 years ago, I need civil legal representation are able to ob- higher headquarters, United States Forces— was the founding Chairman of the Board of tain it. Afghanistan for 75 IEDDDs with handlers for Peninsula Legal Aid Center, Inc., so I am immediate fielding. That request is still f pending at this time. aware of the need for resources to make a This command stands ready to provide any legal services program fully operational. In this ARMY STRYKER FORCE IN further assistance required by your office. bill, we are seeking to ensure that the Cor- AFGHANISTAN Sincerely, poration has the resources required to help STEPHEN M. TWITTY, those in need. HON. PATRICK J. TIBERI Colonel (P), U.S. Army, Chief of Staff. The bill accomplishes several goals. It in- OF OHIO creases the authorized funding level for LSC SEPTEMBER 14, 2009. IN THE HOUSE OF REPRESENTATIVES Re Army Stryker Force In Afghanistan. to $750 million. This is approximately the Thursday, October 8, 2009 amount, adjusted for inflation, appropriated in SGT MARK BELL AND JASON DOMINGUEZ IN Mr. TIBERI. Madam Speaker, I rise today to PAT TIBERI’S OFFICE. 1981, which was the high watermark for LSC This last week, Army Stryker Force in Af- submit to the RECORD the attached information funding. LSC is currently funded at $390 mil- ghanistan was on the news. Their job is to lion—which, in current dollars, is well below concerning a constituent and a mother of a sweep Afghan villages for IED’s. They’ve lost the amount needed to fully fund the program. soldier that served in Afghanistan. 9 people in the last month. The point made Currently, more than 80 percent of individuals CONGRESS OF THE UNITED STATES, was that they do not have bomb sniffing dogs who need civil legal representation do not HOUSE OF REPRESENTATIVES, or metal detectors. I actually watched a sol- have the means to obtain it. Families who Washington, DC, October 8, 2009. dier trying to visually inspect a mud wall for Hon. ROBERT M. GATES, need this assistance the most make less than an IED. This isn’t the first time that I’ve Secretary of Defense, seen such reports on the news or shows about 125 percent of the poverty line or about Washington, DC. the military. $27,500 for a family of four. Nationally, 50 per- DEAR MR. SECRETARY: Last month I re- If my information is correct, then those 9 cent of these eligible applicants for legal as- ceived a letter from a constituent and moth- lives lost cost the military 9 million dollars. sistance from federally funded programs are er of a soldier that served in Afghanistan. This is outrageous. 9 families lost loved ones turned away mainly because these programs She was concerned after learning that the because their unit didn’t have the proper lack ample funding. Moreover, as the econ- 5th Brigade, 2nd Infantry Division (Stryker equipment. Do you think that for 9 million, omy continues to decline, the number of indi- Brigade Combat Team) had not been author- the Army could send dogs for every unit ? Do ized the necessary Improvised Explosive De- I need to say Da. viduals who will need legal representation will vice Detection Dogs (IEDDDs) for its mis- I wrote you about the units needing dogs increase. We need to ensure that resources sion. quite some time ago. Apparently, no one are available to provide legal services to those After forwarding her concerns to the U.S. paid attention. If you’re going to send the who cannot afford adequate representation. Department of the Army, I received a re- military, then you MUST equip them with

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2496 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 what they need. That includes dogs. I will be Either side could have dug in their heels diminished water deliveries cause to farmers happy to raise the money to pay for them and accomplished nothing. Instead, working and communities. Because of PCWA’s experi- but I can’t ship them to any unit. You can together, and with the help of many other con- ence with previous water transfers, we also believe me when I say that I’ve tried. My son would like an opportunity to meet you and completed one year in Afghanistan and two scientious people, Ann and I crafted an ordi- your staff to discuss additional regulatory in Iraq. I thank God every day for his return. nance that worked for both sides. In the proc- improvements to Reclamation law that Parents can purchase and ship lots of things. ess, Ann and I also became dear friends. Ann would streamline future transfers. I can buy a bomb sniffing dog. I just can’t has since passed away, but her handiwork Because of below average precipitation and ship the dog. And the dog needs a handler. can still be seen in much of Simi Valley. regulatory requirements placed upon the It’s not something that a unit soldier can Simi Valley shows the handiwork of many, CVP and its water users through the require- learn on the job. many others, too. From the burgeoning farm- ments established by the recent National I want Stryker Force and every other unit Marine Fisheries Service biological opinions to have two dogs with handlers. And I want ing community that incorporated in 1969, Simi Valley has grown into a balanced city of about for endangered smelt and salmon, the impact it now, The military can do it. They just to water users is severe. Your legislation will need the proper motivation. What will it 120,000 people with homes, schools and provide much needed relief in the form of a take? churches alongside upscale retail centers and flexible and useful tool that will allow water f clean industry. Since 1993, it has been among to be transferred from willing parties to the top 10 safest cities in America, and topped those in need within the State of California. IN RECOGNITION OF THE CITY OF the list several times. It is the home of the We look forward to working with you and SIMI VALLEY’S 40TH BIRTHDAY Ronald Reagan Presidential Library and Mu- your staff in the coming months in this im- seum and the gateway to Ventura County. I portant legislative effort, and appreciate HON. ELTON GALLEGLY am proud of the city I have called home since your leadership in advancing this legislation OF CALIFORNIA and addressing California water issues so im- before it was a city. portant to our collective future. IN THE HOUSE OF REPRESENTATIVES Madam Speaker, I know my colleagues will Sincerely, Thursday, October 8, 2009 join me wishing Simi Valley, California, a PLACER COUNTY WATER AGENCY, Mr. GALLEGLY. Madam Speaker, I rise in happy 40th birthday and congratulate its citi- GRAHAM L. ALLEN, recognition of the City of Simi Valley’s 40th zens on a job well done. Chairman, Board of Directors. birthday. f On September 20, 1969, the people who CONAWAY PRESERVATION GROUP, WATER TRANSFER FACILITATION Woodland, CA, Oct. 2, 2009. lived in the unincorporated Ventura County, ACT OF 2009 Re Support for water transfer legislation: California, communities of Simi Valley and Hon. JIM COSTA, Santa Susana voted 6,454 to 3,685 to incor- HON. DENNIS A. CARDOZA House of Representatives, porate. On October 10, 1969, the combined Washington, DC. OF CALIFORNIA communities officially incorporated into the city DEAR CONGRESSMAN COSTA: On behalf of of Simi Valley. IN THE HOUSE OF REPRESENTATIVES the Conaway Preservation Group, LLC Simi Valley lies on the far eastern end of Thursday, October 8, 2009 (CPG), thank you for introducing legislation Ventura County. Ventura, the county seat, lies authorizing and establishing a permanent Mr. CARDOZA. Madam Speaker, due to on the far western end. It is a long drive to ob- long-term program to promote and manage overwhelming response from water users in tain governmental approval, and the quest for water transfers in the Central Valley of Cali- the Central Valley, I am compelled today to in- fornia. We support your efforts and this leg- local control is what drove incorporation. troduce additional letters of support for the islation as a means of providing greater Since incorporation, the people of the city Water Transfer Facilitation Act of 2009. The flexibility in the management of Central have worked tirelessly to structure a safe, bal- bill would grant authority to the Bureau of Rec- Valley Project (CVP) and other water sup- anced, family-friendly and business-friendly lamation to approve voluntary water transfers plies to help meet unmet needs critical to community. It was done by embracing citizen the future of the State of California. between sellers and buyers in the San Joa- involvement. Neighborhood Councils, the As you are aware, the devastating impacts quin Valley and streamline environmental re- Youth Council and the Council On Aging were of diminished water deliveries to the CVP as views for Central Valley water transfers. established as part of the government infra- a result of three years of below average pre- The bill is supported by a great number of structure, ensuring that residents of all ages cipitation have been made even greater by water users across the Central Valley, includ- the various regulatory restrictions, includ- have an opportunity to be heard and to be in- ing the following: Friant Water Users Authority; ing the requirements established by the re- volved in government decisions at a grass- San Joaquin River Exchange Contractors Au- cent federal biological opinions for endan- roots level. gered fish under the ESA. Your legislation Today, Simi Valley maintains more than 20 thority; Delta-Mendota Canal Authority; Westlands Water District; Metropolitan Water will provide immediate, much needed relief citizen advisory boards and commissions that in the form of a flexible and useful tool that advise the City Council on a variety of com- District; Glen Colusa Irrigation District; North- will allow water to be transferred from will- munity issues. ern California Water Association; Banta- ing parties to those in need within the CVP. Obviously, in any city differences of opinion Carbona Irrigation District; Tehama-Colusa Further, the language in your legislation di- arise. But unlike in some cities, Simi Valley’s Canal Authority; Association of California recting the Bureau of Reclamation to work elected leaders have a well-earned reputation Water Agencies; Placer County Water Agency; with other federal agencies to develop the Conaway Preservation Group; and Reclama- necessary long-term environmental docu- for discussing issues vigorously and then, mentation addressing impacts of a water once a vote is taken and the decision is made, tion District 2035. Thank you. transfer program on the ESA-listed Giant having all sides come together behind that de- Garter Snake is a critical and necessary cision. I believe that is very much the result of PCWA, near-term next step. empowering the community to shape the October 6, 2009. CPG owns the Conaway Ranch in Yolo Hon. JIM COSTA, County. The Conaway Ranch property covers issues before they come to the City Council. 1314 Longworth House Office Building, House of Madam Speaker, I am proud of my role in more than 17,000 acres on the west side of the Representatives, Washington, DC. Sacramento River between the cities of helping to shape Simi Valley. I served on the Re Support of Central Valley Project Water City Council as a member and appointed Davis and Woodland. Conaway Ranch has Transfer Legislation. been operated for many years to meet goals mayor, and as the city’s first elected mayor, DEAR CONGRESSMAN COSTA: On behalf of of agricultural production and waterfowl/ from 1979 to 1986. During that time, we Placer County Water Agency (PCWA), we wildlife habitat. Approximately 40 percent of began bringing jobs into what was then pri- thank you for introducing legislation au- the Ranch is located within the Yolo Bypass marily a bedroom community, and there was thorizing and establishing a programmatic and the remainder lies west of the bypass. much debate on how to accomplish that. approach to promote and manage water Conaway Ranch’s water rights and Bureau of One of the issues that came from that de- transfers in California. We support your ef- Reclamation Settlement Contract are held bate was the creation of the city’s first hillside forts and this legislation as a means of pro- by CPG. CPG’s Settlement Contract water is ordinances, which we passed while I was viding greater regulatory certainty for the a major contributor to the Conaway Ranch water supply during its annual summer oper- mayor. The issue was framed by many as management of Central Valley Project (CVP) water supplies for water users. ational term of April 1 through October 31. preservation vs. development. I was seen as As you may be aware, PCWA has partici- We look forward to working with you and being on the side of development. Then-Coun- pated in water transfers in the past to help your staff in the coming months in this im- cilwoman Ann Rock was seen as being on the meet the needs of water users within the portant legislative effort, and appreciate side of preservation. CVP and is intimately aware of the impacts your leadership in advancing this legislation

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 0626 Sfmt 0634 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2497 and addressing California water issues so im- his skills to keep our country safe. Often rec- On behalf of the House of Representatives, portant to our collective future. ognized for his leadership and tireless dedica- I extend our sincerest congratulations to Alicia, Sincerely, tion, Captain Santoro was assigned to for her courageous spirit and the inspiration TOVEY GIEZENTANNER, Ramstein Air Base in Germany, where he President and CEO, provided to 300,000 other young people strug- Conaway Preservation Group, LLC. would serve bravely in Operation Enduring gling with this disease today, and our best Freedom and Operation Iraqi Freedom, among wishes in the 2009 Arthritis Walk. RECLAMATION DISTRICT 2035, others. f Woodland, CA, October 6, 2009. In 2008, as the Chief Tactics and Instructor Re Support for water transfer legislation. Pilot, his squadron completed 29 missions and INTRODUCTION OF THE CIVIL Hon. JIM COSTA, delivered 211 tons of humanitarian cargo, in- ACCESS TO JUSTICE ACT OF 2009 House of Representatives, cluding food and hygiene kits, to the country Washington, DC. of Georgia. It is because of these heroic ac- HON. STEVE COHEN DEAR CONGRESSMAN COSTA: On behalf of tions that Captain Santoro is receiving the OF TENNESSEE Reclamation District 2035, thank you for in- 2008 Cheney Award; which is given for an troducing legislation authorizing and estab- IN THE HOUSE OF REPRESENTATIVES ‘‘act of valor, extreme fortitude, or self-sacrifice lishing a permanent long-term program to Thursday, October 8, 2009 promote and manage water transfers in the in a humanitarian interest, performed in con- Central Valley of California. Reclamation nection with aircraft, but not necessarily of a Mr. COHEN. Madam Speaker, today I am District 2035 (RD 2035) was formed in 1919 to military nature, by an Air Force officer or en- pleased to join Representative BOBBY SCOTT provide flood control and water delivery for listed member.’’ The award is named after Lt. and Chairman JOHN CONYERS in introducing approximately 22,000 acres in Yolo County, William H. Cheney, who was killed in an air the Civil Access to Justice Act of 2009. This California. While RD2035 does not own water collision in Italy in 1918. important legislation will expand civil legal rights, it is responsible for the delivery of Madam Speaker, Captain Santoro is a true services to low-income families and individ- CVP water to its agricultural customers testament to the bravery and the sacrifices uals. whose crops represent the top three agricul- made by the men and women in the Armed In 1974, Congress established the Legal tural commodities in Yolo County. As you are aware, the devastating impacts Forces. His accomplishments are significant Services Corporation (‘‘LSC’’) to operate as a of diminished water deliveries to the CVP as and an inspiration. private, non-profit corporation to promote a result of three years of below average pre- f equal access to justice under the law and to cipitation have been made even greater by provide grants for high-quality civil legal assist- CONGRATULATING ALICIA SEIDEL the various regulatory restrictions, includ- ance to low-income persons. LSC distributes ing the requirements established by the re- more than 95 percent of its total funding to cent federal biological opinions for endan- HON. DAVID G. REICHERT 137 independent nonprofit legal aid programs gered fish under the ESA. Your legislation OF WASHINGTON to represent low-income individuals and fami- will provide immediate, much needed relief IN THE HOUSE OF REPRESENTATIVES in the form of a flexible and useful tool that lies in every congressional district. Programs will allow water to be transferred from will- Thursday, October 8, 2009 receiving LSC grants help the most vulner- ing parties to those in need within the CVP. Mr. REICHERT. Madam Speaker, today I able, such as families facing unlawful evictions Further, the language in your legislation di- rise in recognition of a brave young girl in my or foreclosures, displaced persons attempting recting the Bureau of Reclamation to work district, Alicia Seidel, and congratulate her for to obtain federal emergency assistance, and with other federal agencies to develop the being named an honoree at the 2009 Arthritis women seeking protection from abuse. In fact, necessary long-term environmental docu- many programs have been besieged recently mentation addressing impacts of a water Walk happening this Saturday in Bellevue, transfer program on the ESA-listed Giant Washington, and for living her life so bravely with requests for foreclosure assistance be- Garter Snake is a critical and necessary while battling her disease. cause of the subprime mortgage crisis. near-term next step. Alicia, a ten-year-old fifth grader from The current economic downturn will likely We look forward to working with you and Sammamish, Washington, was diagnosed in lead to more families and individuals needing your staff on this important legislative ef- 2007 with juvenile rheumatoid arthritis. Imme- legal assistance. According to a recently re- fort. diately before and for some time following the leased study commissioned by LSC’s Board of Sincerely, diagnosis, Alicia struggled to do something as Directors, Documenting the Justice Gap in REGINA J. CHEROVSKY, simple as holding a pencil. Thankfully, the America, many recipient programs of LSC Chairperson. wonderful doctors, specialists and staff at funds must turn away half of all individuals f Swedish Medical Center and Children’s Hos- who qualify and seek their assistance because CONGRATULATING DANIEL J. pital in Seattle worked to alleviate the pain of the lack of resources. Unfortunately, state, SANTORO UPON RECEIVING THE Alicia was under, which allowed her to act like local, and private funding and pro bono sup- 2008 CHENEY AWARD the vivacious girl she is. My office had the op- port have been unable to help close the ac- portunity to meet Alicia and her mom, Cynthia, cess to justice gap. The underfunding may re- HON. KATHY CASTOR more than a year ago to discuss Alicia’s ail- sult in a potential catastrophe for millions of low-income families and individuals throughout OF FLORIDA ment and a photo from that meeting is proudly the country who need, but are unable to ob- IN THE HOUSE OF REPRESENTATIVES displayed in our office; her infectious nature and sweet disposition made a lasting impact. tain, legal assistance in matters relating to Thursday, October 8, 2009 The Arthritis Prevention Control and Cure their housing, employment, and access to Ms. CASTOR of Florida. Madam Speaker, I Act, H.R. 1210, of 2009 is legislation I’m proud health care. Currently, LSC is funded at rise today to honor CPT Daniel J. Santoro, a to have co-sponsored. At this time, the legisla- $390,000,000, which is insufficient to provide member of the Tampa Bay community for re- tion is in the House Committee on Energy and legal representation to all of the impoverished ceiving the 2008 Cheney award for distin- Commerce and I encourage the entire House in need of legal assistance. This legislation guished service in the United States Air Force. to act on it as quickly as possible because it authorizes an increase in funding for LSC of Captain Santoro is a C–130E instructor is an important bill. The bill would, among $750,000,000, which represents an inflation- pilot, assigned to the 37th Airlift Squadron, many other things, focus attention on juvenile adjusted funding level from fiscal year 1981. 86th Operations Group, 86th Airlift Wing, at arthritis research by creating a juvenile arthritis This funding will help close the justice gap and Ramstein Air Base in Germany. Captain database and provide financial incentives to provide civil legal assistance to all potential el- Santoro was born in Las Vegas, Nevada, Oc- encourage more health professionals to enter igible clients. tober 1977; he attended the United States Air the field of pediatric rheumatology. Addition- Additionally, the Civil Access to Justice Act Force Academy in Colorado Springs, Colo- ally, I will continue to work on behalf of young eliminates certain restrictions that have signifi- rado, graduating in 2000 with a Bachelor’s of people like Alicia to urge Congress to make a cantly limited the ability of legal aid attorneys Science in Human Factors Engineering. long-term, sustained investment in medical re- to represent all low-income families and indi- After graduation, Captain Santoro continued search through the National Institutes of viduals. First, the bill would remove many re- his pilot training at Whiting Field Naval Air Sta- Health because it represents our greatest strictions on the use of state, local, and private tion, in my home State for Florida. His service hope for finding cures and treatments for de- money by LSC-funded programs. Second, it to our country has taken him to numerous bilitating conditions like arthritis and freeing would eliminate restrictions on the ability of States: Oklahoma, Arkansas, and North Caro- Alicia and her family from the constraints of LSC-funded attorneys to represent clients in lina where he constantly worked to improve arthritis. class action cases. Also, the bill would provide

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00035 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2498 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 programs the opportunity to seek court-or- civil-military and reconstruction engineer in the would be based on and succeed the highly dered attorneys’ fees, which they are currently 10th Mountain Division at Fort Drum, New successful Guam-only visa waiver program, prohibited from seeking. York. For 15 months from 2006 to 2007, Lieu- which was authorized by the Omnibus Terri- Finally, this legislation codifies recent rec- tenant Choi saw duty as an Infantry Platoon tories Act of 1986. ommendations from the Government Account- Leader and Arabic linguist in South Baghdad, The Department of Homeland Security will ability Office to improve LSC governance and Iraq, providing an invaluable service to his fel- commence control of six ports of entry in the accountability. These recommendations should low soldiers and the United States’ mission by CNMI on November 28, 2009, in accordance lead to better management and oversight of communicating quickly and clearly with the with the CNRA. The bill I have introduced LSC-funded programs. Iraqi people. In 2008, Lieutenant Choi became today would make a technical correction to the I urge my colleagues to join me, Mr. SCOTT, an Infantry Platoon Leader in the Army Na- CNRA, by delaying for one year the start of Chairman CONYERS, and others, and cospon- tional Guard’s 1st Battalion, 69th Infantry in the authorized joint Guam-CNMI Visa Waiver sor this important and timely legislation. I am Manhattan, New York. Program. Its effect would be to allow for fed- optimistic that Congress can send a bill to the While an officer with the Army National eral control of immigration to commence in the President for his signature so that the doors of Guard, Lieutenant Choi co-founded KNIGHTS CNMI on November 28, 2009, but also for the justice will always remain open to those in OUT: Lesbian, Gay, Bisexual, and existing CNMI visitor entry program under need. Transgender West Point Graduates, an orga- CNMI law to continue but be controlled and f nization of West Point alumni, staff, and fac- administered by U.S. Customs and Border ulty who are united in supporting the rights of Protection (CBP) under the Department of RECOGNIZING LIEUTENANT DAN- LGBT soldiers to openly serve their country. Homeland Security. The current approved IEL CHOI FOR HIS SERVICE TO On March 19, 2009, Lieutenant Choi appeared countries under the Guam-only visa waiver THE UNITED STATES OF AMER- on MSNBC’s The Rachel Maddow Show to program and the CNMI visitor entry program ICA AND OUTSTANDING CON- discuss the military’s Don’t Ask, Don’t Tell pol- would be maintained, respectively for each ter- TRIBUTIONS TO THE LESBIAN, icy. In a surprising announcement, Lieutenant ritory, for an additional year. Such a continu- GAY, BISEXUAL, AND Choi revealed that he was gay. Fully aware of ation of the visitor entry rules for both of these TRANSGENDER EQUALITY MOVE- the consequences, he refused to lie about territories would afford the Department of MENT who he is and accept a policy that com- Homeland Security additional time to devise promises the integrity of the U.S. military and rules and allocate the resources necessary in HON. ALCEE L. HASTINGS its service members. Despite testimony from both the CNMI and Guam for the successful OF FLORIDA his commanding officer, members of his unit, operation and administration of the new IN THE HOUSE OF REPRESENTATIVES and fellow soldiers who served in Iraq, as well Guam-CNMI Visa Waiver Program consistent Thursday, October 8, 2009 as 260,000 letters and signatures of support, with Congressional intent. The additional time a panel of New York National Guard officers will also provide for an orderly transition to Mr. HASTINGS of Florida. Madam Speaker, recommended that Lieutenant Choi be dis- occur in both territories. I rise today to recognize LT Daniel Choi for his charged on June 30, 2009. Most importantly, this bill would allow the service to the United States of America and Guided by the same values he learned at Department of Homeland Security to focus its outstanding contributions to the Lesbian, Gay, West Point and in the Army, Lieutenant Choi resources initially on the standing-up and con- Bisexual, and Transgender, LGBT, equality now advocates for the repeal of Don’t Ask, trol of six ports of entry in the CNMI and also movement as an Army officer, Iraq War vet- Don’t Tell and the reversal of Proposition 8 in protect the economic interests of the CNMI eran, and now civil rights activist. In clear defi- California, an amendment to the state con- with the continuation of its visitor entry pro- ance of ‘‘Don’t Ask, Don’t Tell,’’ the unjust law stitution that recognizes marriage as between gram. The CNMI economy is heavily reliant on that prohibits LGBT service members from only one man and one woman. He continues tourism and its visitor sector is accustomed to serving openly and honestly in the military, to raise public and political awareness of operating under the territory’s visitor entry pro- Lieutenant Choi courageously spoke three issues that affect LGBT service members and gram. words on national television—‘‘I am gay.’’ In the LGBT community as a whole. The bill also authorizes a study to be con- doing so, he knew that he was risking his mili- Madam Speaker, the West Point Cadet ducted by the Secretary of the Interior, ana- tary career, but was firm in the belief that he Prayer teaches cadets ‘‘. . . never to be con- lyzing the economic situation and forecast for had chosen the harder right over the easier tent with a half-truth when the whole can be the CNMI. This report will be provided to the wrong. Lieutenant Choi was ultimately dis- won.’’ Don’t Ask, Don’t Tell is a no-truth policy committees with jurisdiction, the House Com- charged, but has since devoted his life to ac- and must be repealed. I am honored and mittee on Natural Resources and the Senate tivism in the hope that, one day soon, Don’t humbled by Lieutenant Choi’s selfless exam- Committee on Energy and Natural Resources, Ask, Don’t Tell will be repealed. ple and, although he is no longer in uniform, within 30 days of enactment. This report will Lieutenant Choi’s story is one of excellence he continues to fight for the freedom of all help the Committees exercise oversight of the and leadership. He was born in February 1981 Americans to be the best they can be, gay or implementation of the CNRA and the transition in Orange County, California and attended straight. by the Department of Homeland Security to Tustin High School, where he was student f the new joint, Guam-CNMI Visa Waiver Pro- body president, participated in the American gram. Legion Boys State program, and was involved PROVIDING FOR A TRANSITION I look forward to working with my colleagues in various extracurricular activities ranging PERIOD FOR THE GUAM-CNMI as this bill moves forward in the legislative from Christian Club and Model United Nations VISA WAIVER PROGRAM process. to varsity swimming and marching band. It f comes as no surprise that Lieutenant Choi HON. MADELEINE Z. BORDALLO was admitted to the prestigious U.S. Military OF GUAM IN HONOR OF DR. DANIEL SIM- MONS AND THE MOUNT ZION Academy at West Point, where he continued IN THE HOUSE OF REPRESENTATIVES to excel and learn the values that gave him BAPTIST CHURCH purpose as an officer in the Army and activist Thursday, October 8, 2009 for LGBT rights. It was at West Point that Ms. BORDALLO. Madam Speaker, today I HON. SANFORD D. BISHOP, JR. Lieutenant Choi first recited the Cadet Honor introduced legislation to amend the Consoli- OF GEORGIA Code: ‘‘A cadet will not lie, cheat, steal, or tol- dated Natural Resources Act of 2008 (CNRA), IN THE HOUSE OF REPRESENTATIVES erate those who do.’’ Public Law 110–229, for the purpose of pro- In 2003, Lieutenant Choi became one of viding for a transition period for the implemen- Thursday, October 8, 2009 only eight graduates in his class to earn a de- tation of the new Guam-CNMI Visa Waiver Mr. BISHOP of Georgia. Madam Speaker, I gree in Arabic Language, in addition to Envi- Program. Section 702 of the CNRA extends rise today to pay tribute to Dr. Daniel Sim- ronmental Engineering. During his 10 years of the immigration laws of the United States to mons and the Mount Zion Baptist Church of honorable service to this nation, Lieutenant the Commonwealth of the Northern Mariana Albany, Ga. On Sunday, October 11, the Choi served as an Infantry Officer. Specifi- Islands (CNMI). It also provides for a visa Mount Zion Baptist Church will jointly cele- cally, he was a Platoon Leader, Company Ex- waiver program for travel to Guam and the brate Dr. Simmons’ 18th year as the Senior ecutive Officer, Battalion and Brigade Staff Of- CNMI consistent with the new arrangements Pastor and the church’s 144th anniversary. I ficer, Iraqi Arabic language instructor, and for control of immigration in the CNMI and that have known Pastor Simmons for many years

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 8, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2499 and feel honored to call him my pastor, a for the rest of his life. He graduated from Paul Burgess ‘‘Red’’ Fay, and in extending my friend, a teacher, and an inspiration. Likewise, Stanford University in 1941 with a Bachelor’s deepest sympathy to his entire family during I have been a member of Mount Zion Baptist Degree in Economics and he enlisted in the this difficult time. He represented the best of Church for 13 years and have found it to be Navy shortly after the Japanese attack on America and his decades of contributions to a Christian fellowship of love in action through Pearl Harbor brought the United States into his family and friends, his community and his service to mankind. World War II. country stand as lasting legacies of a life lived Dr. Simmons is a great many things to a It was during his service in the Navy that exceedingly well. How privileged I am to have great many people. Since I joined Mount Zion Mr. Fay met and became friends with Presi- known him, to represent him and to have had in 1996, I have come to know him as a man dent John F. Kennedy. In 1942, after attending him as my friend. He loved his community and of character, an humanitarian, a bridge build- Officer Training School, Mr. Fay was assigned his country and he served both with distinc- er, a shepherd, and a leader. Above all, ‘‘Pas- to PT boat training in Melville, Rhode Island, tion, making our Nation a better place for gen- tor Simmons,’’ as he is known, through his where the future President was his instructor. erations to come. own humble and morally strong existence, They met during a touch football game. They f helps us, as followers of the Word, to strive to- were later assigned to the same base in the ward the Spiritual fulfillment graciously offered South Pacific and became friends after both of HONORING THE DANVILLE-ALAMO to us by our Lord and Savior Jesus Christ. their boats were damaged. President Ken- BRANCH OF THE AMERICAN AS- As the Word says in Proverbs 3:5, ‘‘Trust in nedy’s PT–109 was attacked in an event that SOCIATION OF UNIVERSITY the Lord with all your heart and lean not on made him a war hero, and Mr. Fay’s boat was WOMEN ON ITS FORTIETH ANNI- your own understanding.’’ Pastor Simmons struck by a torpedo, after which he was VERSARY has truly lived by this principle. Since his ar- awarded a Bronze Star. While their ships were rival at Mount Zion in 1991, he has sought to temporarily out of action, they roomed to- HON. JERRY McNERNEY implement the church’s mission to be a ‘‘vi- gether in a small Quonset hut and became OF CALIFORNIA brant church that reaches the world for Christ fast and lasting friends. IN THE HOUSE OF REPRESENTATIVES After the war, Mr. Fay returned to San Fran- through evangelism, discipleship, fellowship, Thursday, October 8, 2009 and missions.’’ cisco and joined the family business. In 1947, Under his leadership, the church has grown he married the love of his life, Anita Marquez Mr. MCNERNEY. Madam Speaker, I am to 2,700 members and counting. Financial of Mill Valley. He remained close with John F. honored to congratulate the Danville-Alamo stewardship has increased substantially. In Kennedy and became a political supporter and Branch of the American Association of Univer- July of 2008, the church broke ground on a a trusted adviser in his inner circle, working on sity Women on its 40th Anniversary. The new 67,000 square foot facility to provide the his election campaigns for the House of Rep- chapter has a proud history serving the com- space necessary to continue building upon resentatives, Senate, and the Presidency. munity by supporting political, social, profes- Pastor Simmons’ vision and the church’s mis- When John Kennedy was elected President in sional, and educational opportunities for sion. With all this growth and expansion, it is 1960, he appointed Mr. Fay Under Secretary women. abundantly clear that God is doing great work of the Navy, an office he held until January Through the chapter’s work, Danville and at Mount Zion Baptist Church through the min- 1965. Alamo benefit from stimulating speakers and istry of Pastor Simmons. After leaving Washington, Mr. Fay returned programs, candidates’ nights, and community With ordained leadership and divine grace, to the Bay Area and the family business, service opportunities. The AAUW Danville- Pastor Simmons has built a church that deliv- which he sold and later resurrected as a finan- Alamo Branch has been active in local ers God’s message and works daily to imple- cial consulting and business ventures firm. He schools, enhancing educational opportunities ment God’s vision. Pastor Simmons personi- wrote a best-selling book, ‘‘The Pleasure of in the arts, music, languages, science, and fies the love of God through his teaching and His Company,’’ a memoir of his close friend- math. The branch also started a local Expand- his way of life. I thank him for his years of ship with the late President Kennedy. He being Your Horizons in Science and Mathe- service to his parishioners, the Albany com- came a founding partner of William Hutch- matics conference to expose middle school munity, Georgia’s Second Congressional Dis- inson & Co., an investment research and bro- girls to careers in math and science. The trict, and the Nation. Moreover, I wish him kerage firm, and he was for many years a di- Danville-Alamo Branch also helps girls many more fruitful years to come. rector of First American Financial and Vestaur achieve the dream of a college education I also recognize and celebrate the body of Securities. He retired from business in 2005. through its scholarship programs. Christ which is the Mount Zion Baptist Church Among Mr. Fay’s many social and charitable Today, the Danville-Alamo Branch has more on the occasion of its 144th anniversary. May activities was his work with Youth Tennis Ad- than 200 members. These members continue it forever utilize the blessings of great leader- vantage, a Bay Area organization that helps to serve the community and advance a wide ship and bountiful resources with which it has teach tennis to at-risk youth. He also contrib- range of issues that affect women and girls. I been provided to the Glory of Almighty God. uted his time to such charitable causes as the wish you a heartfelt congratulations on 40 f Robert Odell Foundation, the Robert F. Ken- years of changing lives and making a dif- nedy Foundation, and the American Ireland ference for women. A TRIBUTE TO THE HONORABLE Fund, whose San Francisco Chapter named f PAUL BURGESS FAY, JR. him ‘‘Man of the Year’’ in 1995. He was a trustee of the Naval War College Foundation VETERANS HEALTH CARE BUDGET and of Mount St. Joseph-St. Elizabeth of San REFORM AND TRANSPARENCY HON. ANNA G. ESHOO ACT OF 2009 OF CALIFORNIA Francisco, and he was a member of the Pa- cific Union Club, Bohemian Club, Burlingame IN THE HOUSE OF REPRESENTATIVES SPEECH OF Country Club, Chevy Chase Club, California Thursday, October 8, 2009 Tennis Club and the Vintage in Indian Wells, HON. MAXINE WATERS Ms. ESHOO. Madam Speaker, I rise today California. OF CALIFORNIA to honor the extraordinary life and work of a Mr. Fay was an extraordinary host, an ac- IN THE HOUSE OF REPRESENTATIVES distinguished American, a friend and an Amer- complished master of ceremonies and indefati- ican hero, Paul Burgess ‘‘Red’’ Fay Jr., who gable organizer of everything from charities to Wednesday, October 7, 2009 passed away on September 23, 2009, at the family touch-football games. An accomplished Ms. WATERS. Madam Speaker, I rise in age of 91. He leaves his beloved wife, Anita, athlete, he played baseball at Stanford and support of H. R. 1016—To amend title 38, to whom he was married for 62 years; his chil- enjoyed tennis and golf well into his eighties. United States Code, to provide new discre- dren Paul Fay III, Katherine Fay and Sally Fay He was a central figure in Bay Area society tionary budget authority for certain medical Cottingham; and seven grandchildren. whose warmth and charm never failed to draw care accounts of the Department of Veterans Mr. Fay, a fourth-generation San Francis- others to him, and he had hundreds of friends Affairs. This bill would ensure sufficient, timely, can, was born in San Francisco in 1918 to a from all walks of life. He was a man of great and predictable veterans funding so that the distinguished family. His father, Paul B. Fay integrity and everyone who knew him came Department of Veterans Affairs would have Sr., was President of the Fay Improvement away a better person. the Federal funding to better serve veterans’ Company, a paving contracting firm founded in Madam Speaker, I ask the entire House of medical needs and improve health care serv- 1875, and gave young Paul the nickname Representatives to join me in honoring a na- ices. This is a very timely and important meas- ‘‘Red’’ as a child, which his friends called him tional treasure and an extraordinary American, ure as many of our troops today are returning

VerDate Nov 24 2008 05:07 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00037 Fmt 0626 Sfmt 9920 E:\RECORD09\RECFILES\E08OC9.REC E08OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE E2500 CONGRESSIONAL RECORD — Extensions of Remarks October 8, 2009 home in need of accessible and adequate HONORING REAR ADMIRAL WAYNE fired more Talos missiles than any other per- health care services. Therefore, I strongly E. MEYER son. By the time he finished his sea duty, he’d commend my colleague BOB FILNER for bring- served on seven ships and sailed the Pacific, ing this measure before the floor. HON. ERIC J.J. MASSA Atlantic, and Mediterranean. This bill provides for a new two-fiscal-year OF NEW YORK The next phase of Admiral Meyer’s career discretionary budget authority for three critical IN THE HOUSE OF REPRESENTATIVES was leading critical programs and facilities in the Navy’s material establishment. In 1963 accounts of the Department of Veterans Af- Thursday, October 8, 2009 fairs: medical services, medical support and Secretary of the Navy Fred Korth chose then compliance, and medical facilities. Accord- Mr. MASSA. Madam Speaker, I rise today Commander Meyer to serve in the special ingly, this measure will give the Department of to laud the achievements, acumen, patriotism Navy Task Force for the Surface Guided Mis- Veterans Affairs sufficient time to effectively and long service to our country by RA Wayne sile Systems, under command of RADM Eli T. plan how it will deliver the best care to a grow- E. Meyer, affectionately known as the ‘‘Father Reich, USN. His work at the Terrier missile ing number of veterans with increasingly com- of AEGIS.’’ His service to our Navy and our system desk led to his appointment to lead the plex medical conditions. And to ensure that Nation has been continuous since his enlist- engineering effort to transition the entire Ter- the funds are being used appropriately, H.R. ment as a midshipman recruit in 1943. He is rier fleet (30 ships) from analog to high speed 1016 requires the United States Comptroller best known as the founding project manager digital systems. After turning down a destroyer General to conduct a study to determine the of the AEGIS Shipbuilding Project, which command to continue this prelude to ad- adequacy and accuracy of the department’s began building AEGIS cruisers in 1978. vanced weapons system design, he was ap- budget model projections. AEGIS destroyers are still being constructed pointed an Ordnance Engineering Duty Officer today, and remain the world’s most formidable My military constituents often turn to me for the same year he was selected for captain, multi-mission warships. The cruisers and de- support in confronting the many challenges 1966. He then served as the Chief Engineer at stroyers in our fleet today are the direct result they face when working with the Department the Naval Ship Missile Systems Engineering of Rear Admiral Meyer’s leadership and dedi- of Veterans Affairs. We have come to under- Station, Port Hueneme, California. From this cation to his country. stand, that many of the challenges in efficient post he led the in-service engineering of the Admiral Meyer’s life began far from the sea, health care services are attributable to the De- Navy’s surface missile systems. in Brunswick, Missouri, in 1926. His family partment of Veterans Affairs’ inadequate fund- Ordered back to Washington in 1969, he plowed the black earth in the ‘‘gumbo’’ region ing. Over the last two decades, the appro- became the AEGIS Weapons System Man- near the Missouri River, and, like so many priated funds for medical care have not been ager in the Bureau of Ordnance, the most im- other American families of that era, survived provided to the Department of Veterans Affairs portant phase of his career. It was here that the Depression only through their determina- in a timely manner. This has resulted in the Meyer’s lifetime operational and engineering tion and their indomitable spirit. experience was put to the test. It would also department’s problems in planning and man- When the Nation went to war in 1941, aging care for enrolled veterans. Accordingly, require him to exercise what many know to be Wayne Meyer was only 15. He continued his his unparalleled genius—organization and this bill addresses this budgetary problem and schooling, but only days after his 17th birth- allows for advance appropriations to ensure communication. day, with his parent’s written permission, he Meyer’s first major challenge was to make the department has the Federal backing to ef- enlisted in the U.S. Naval Reserve to serve AEGIS work. That is—develop and test a new fectively address the medical needs of our Na- his country. After graduating high school as area air defense system to protect the fleet tion’s veterans. his class president and valedictorian, the Navy from aircraft and cruise missile attack. By vir- As a vocal advocate for veterans’ rights, I called him to active duty as an apprentice sea- tue of his ‘‘double-hat’’ as the Director of Sur- am pleased to add my voice of support for man, and sent him to the University of Kan- face Missile Systems in NAVSEA, he was also H.R. 1016. I look forward to working with my sas’ engineering school—part of President charged with keeping the existing fleet of Ter- colleagues to ensure that we continue to pro- Roosevelt’s ‘‘V–12’’ program. After an acceler- rier and Tartar ships capable against ever vide the necessary resources towards improv- ated and exhausting 32 months, Wayne Meyer more sophisticated Soviet threats. Those who ing our Department of Veterans Affairs’ health earned a B.S. in electrical engineering. Later worked for Meyer in those early days knew care programs and administrative services. that month, in February 1946, he was commis- him as untiring, relentless, and driven towards sioned an ensign in the U.S. Naval Reserve, success. They also knew him to be the con- f and sent to M.I.T. for further schooling in the summate engineer—demanding back-ups for THE FEDERAL BUDGET DEFICIT nascent fields of radar and sonar. His school- risky technologies and redundancy to ensure ing later included atomic weapons training, a his system would work under even the most further graduate degree in electrical engineer- demanding conditions. After a number of land- HON. LEONARD LANCE ing, a master’s in aeronautics and astronautics based tests, the AEGIS Weapon System pro- OF NEW JERSEY from M.I.T., the Navy General Line School and totype was installed in the USS Norton Sound IN THE HOUSE OF REPRESENTATIVES certification as a Navy Ordnance Engineer. in 1974 for at-sea testing. Two more years of His early years in the Navy were marked by development and testing, following Meyer’s Thursday, October 8, 2009 extensive sea duty. He was ordered to De- mantra, ‘‘build-a-little, test-a-little, learn a lot’’ Mr. LANCE. Madam Speaker, the Federal stroyer Radar Picket USS Goodrich (DDR led to ‘‘Super Sunday’’ in 1977, when AEGIS budget deficit tripled to a record $1.4 trillion for 831), where he served as part of the occupa- detected, tracked and engaged two targets si- the 2009 fiscal year that ended last week, tion forces in the Mediterranean, service in the multaneously. congressional analysts announced late yester- Greek civil war, and with part of the force sup- With such a powerful new weapon system day. porting the creation of Israel in 1948. He was in development, the Navy understood that it accepted for transfer to the regular Navy that could be used for more than just air engage- According to the Congressional Budget Of- year as well. ments, and in 1976 charged Meyer with devel- fice this year’s budget deficit is a level not wit- Meyer was next posted in Chinese waters, oping the AEGIS Combat System. The combat nessed since World War Two. where his ship, the light gun cruiser Spring- system, which included the AEGIS Weapon The deficit amounted to almost 10 percent field (CL 66), was in the mouth of the System, would allow simultaneous multi-mis- of the nation’s economy, triple the size of the Huangpu River when Chiang Kai-Shek’s Na- sion engagements against surface, air, and shortfall for 2008. tionalist forces fell to Mao’s Red Army in submarine targets, as well as strike capability. While tax revenue fell by $420 billion, or 17 March 1949. He returned home to serve on a With his naval engineer’s eye toward cau- percent, to the lowest level in more than 50 number of ships on Fleet Staffs—twice deploy- tioned, prudent design, Meyer again de- years, Federal spending rose by 18 percent. ing in the destroyer tender USS Sierra (AD manded a stepwise approach to development, Despite this sobering economic report, the 16). He patrolled the Distant Early Warning and thorough land-based testing before send- White House and its allies in Congress con- line (extended) off Newfoundland as Executive ing the system to sea. tinue to press ahead with health care overhaul Officer in the Radar Picket Strickland (DER With these combat and weapon systems legislation that could cost at least $900 billion 333). After a return to shore for more school- under controlled development, Meyer’s next over the next decade. ing, he was ordered to the guided missile major challenge was to ‘‘get AEGIS to Sea.’’ How many alarm bells must be set off be- cruiser Galveston (CLG 3) as Fire Control Offi- Since the project began in 1969, the ship to fore Washington gets serious about tackling cer and subsequently Gunnery Officer for her carry AEGIS had been a hotly debated issue our ever-growing budget deficits? conversion as the first Talos cruiser, where he in the Navy, the Department of Defense, and

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Tuesday, October 6, 2009 When our democracy finished its great debate Thursday, October 8, 2009 Mr. MAFFEI. Madam Speaker, today I rise on the first ship to carry AEGIS, a highly modi- in support of House Resolution 707, express- Mr. TIBERI. Madam Speaker, I rise today to fied version of the USS Spruance hull was the ing support for the week of September 13, express my support for H. Con. Res. 51, Rec- result. Christened by Nancy Reagan in 1981, 2009, as Adult Education and Family Literacy ognizing the 50th Anniversary of the Antarctic Week. Syracuse, NY, in my district, is consid- and commissioned in 1983, the cruiser USS Treaty. ered the ‘‘home’’ of the adult literacy move- Ticonderoga was built on time, and slightly ment. It was in Syracuse that Dr. Frank This resolution recognizes that the Antarctic under budget. It was on the battle line in Leb- Laubach established Laubach Literacy Inter- anon only 9 months after its commission. Treaty has ensured Antarctica’s peaceful use national to combat this ever growing problem. Today, when our country seems to have dif- and the continuance of international harmony In my district, ProLiteracy continues the fight ficulties building ships, we should remember for the past half century. Also, it encourages to encourage adult literacy in order to improve that we have had great patriots like Admiral international and interdisciplinary collaboration the lives of adults, their families and communities. ProLiteracy, the world’s largest organi- Meyer, who could lead the most complex of in the Antarctic Treaty Summit. The Antarctic Treaty was signed by the zation of adult literacy and basic education endeavors—and bring them in on cost and on programs, provides advocacy, professional de- schedule. United States and eleven other nations in velopment, training, technical assistance, and But one ship does not a fleet make. Pro- Washington, D.C. on December 1, 1959. Over materials to the programs that help adults moted to rear admiral in 1975, Meyer’s third the past five decades, the Antarctic Treaty has learn to read, write, perform basic math, use major challenge was to ‘‘rebuild the Surface succeeded as a firm foundation for ongoing technology, and communicate in English. Navy’’—transitioning from a Terrier and Tartar international cooperation. It has grown to in- Fourteen percent of adults nationwide cannot read at an 8th grade level, that number cruiser and destroyer fleet to an AEGIS cruis- clude 47 nations, representing nearly two- thirds of the world’s population. rises to twenty two percent of adults in the er and destroyer fleet. Meyer knew it would be state of New York. The ability to read is a key a long process, and would require school- The Antarctic Treaty was established to component for overcoming poverty, maintain- houses, shore-based logistics, facilities for continue and develop international ‘‘coopera- ing good health, finding a job that pays a living computer program maintenance, training, in- tion on the basis of freedom of scientific inves- wage and preventing crime. Almost 63 percent service engineering, and a host of other facili- tigation in Antarctica as applied during the of all inmates in state and federal prisons are ties and people to keep the new fleet ready. International Geophysical Year.’’ almost totally illiterate. For example, Carl Sodeberg from Min- With his partner in the Chief of Naval Oper- November 30th through December 3, 2009, ations’ Office, Vice Admiral James H. Doyle, neapolis, Minnesota had a learning disability on the 50th anniversary of its signing, the Ant- that made it difficult for him to read. When Jr., he set out to build this supporting infra- arctic Treaty Summit will convene in Wash- Carl was in high school, he was called to the structure, which keeps the fleet ready today. ington, D.C. at the Smithsonian Institution. The front of the classroom to read something from With 27 cruisers and 62 destroyers built or summit will be an international and inter- the blackboard. When students and the teach- under construction, and more in planning, Ad- disciplinary meeting that will offer a unique er mocked him, Carl lashed out at the teacher miral Meyer’s vision of rebuilding the surface venue for scientists, legislators, administrators, verbally and was suspended from school. He Navy is now complete. lawyers, historians, educators, executives and never went back. Over the next 20 years Carl found himself in and out of work. He devel- After retiring in 1985, Admiral Meyer’s rest- others to explore the scientific and policy oped a drug problem and ended up in jail. less zeal has kept him thoroughly involved in achievements of the Antarctic Treaty System When he finally realized he needed to learn to our Nation’s defense. He has chaired numer- and its global precedents in international gov- read, Carl was in his mid–40’s. Carl worked ous Navy Advisory Boards, the Ballistic Missile ernance. with an adult literacy program in his commu- Defense Advisory Committee, and remains a This resolution also encourages inter- nity—he learned to read, earned his high valuable counselor to those in our Navy as the national and interdisciplinary collaboration in school diploma, and then went on to get a ‘‘Father of AEGIS.’’ paraprofessional’s license that enables him to the Antarctic Treaty Summit to identify lessons work as a teacher’s aide. He’s now employed He has watched with special pride as his from 50 years of international cooperation AEGIS fleet has been transformed into a crit- by the high school from which he was sus- under the Antarctic Treaty that have legacy pended, working with students who have fallen ical arm of our Nation’s ballistic missile de- value for humankind. behind in their studies due to reading prob- fense system. With his guidance and I would especially like to recognize my con- lems. mentorship, the process has again been, stituent, Dr. Paul A. Berkman. Professor It is stories such as Carl Sodeberg’s that re- ‘‘build-a-little, test-a-little, learn a lot,’’ with a Berkman was awarded a Fulbright Distin- mind us the importance of encouraging adult record of success unparalleled among the literacy and the mission of organizations like guished Scholarship at the University of Cam- missile defense programs. ProLiteracy. I encourage other Members to bridge to plan the Antarctic Treaty Summit: join me in supporting H. Res. 707 to designate His accomplishments and contributions to Science-Policy Inter-actions in International the defense of our Nation have been so nu- the week of September 13 Adult Education Governance. Dr. Berkman now serves as and Family Literacy Week. merous and far-reaching that the Secretary of Chair of the international board for this inter- f the Navy named an AEGIS destroyer, DDG disciplinary project. I am thankful for his dedi- 108, the USS Wayne E. Meyer. She is to IN RECOGNITION OF THE PASSING cation, passion, and enthusiasm for the Ant- commission this October, an event that will no OF W.L. SMITH arctic Treaty and the Antarctic Treaty Summit. doubt be attended by thousands who have taken part in the ‘‘AEGIS movement.’’ In ad- I hope that my colleagues will join me in HON. JEFF MILLER vance of that monumental event, I would like recognizing the important contributions, and OF FLORIDA to thank Admiral Meyer for his more than 65 peaceful international cooperation the Ant- IN THE HOUSE OF REPRESENTATIVES years of service to our Nation. I stand in awe arctic Treaty has encouraged for the past half Thursday, October 8, 2009 of his achievements, his systems, his fleet, century by passing H. Con. Res. 51. A truly bi- Mr. MILLER of Florida. Madam Speaker, I and his commitment to the excellence of our partisan measure will both capture and accu- rise today to recognize Mr. W.L. Smith ‘‘Jun- Navy. rately honor the spirit of the Antarctic Treaty. ior,’’ a World War II veteran and a community

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HIGHLIGHTS Senate agreed to the conference report to accompany H.R. 2997, Agri- culture, Rural Development, Food and Drug Administration, and Re- lated Agencies Appropriations Act. House agreed to the conference report to accompany H.R. 2647, National Defense Authorization Act for Fiscal Year 2010. Senate back to the Senate with changes that reduce the ag- Chamber Action gregate level of appropriations in the Act for fiscal Routine Proceedings, pages S10257–S10329 year 2010, excluding amounts provided for the Bu- Measures Introduced: Ten bills and two resolu- reau of the Census, by $3,411,000,000 from the tions were introduced, as follows: S. 1763–1772, and level currently in the Act. Pages S10272–73, S10284 S. Res. 309–310. Page S10318 Pending: Measures Passed: Vitter/Bennett Amendment No. 2644, to provide that none of the funds made available in this Act 145th Anniversary of the Entry of Nevada into may be used for collection of census data that does the Union: Senate agreed to S. Res. 309, recognizing not include a question regarding status of United and celebrating the 145th anniversary of the entry of States citizenship. Page S10265 Nevada into the Union as the 36th State. Johanns Amendment No. 2393, prohibiting the Page S10326 use of funds to fund the Association of Community National Day on Writing: Senate agreed to S. Organizations for Reform Now (ACORN). Res. 310, expressing support for the designation of Page S10265 October 20, 2009, as the National Day on Writing. Levin/Coburn Amendment No. 2627, to ensure Page S10327 adequate resources for resolving thousands of offshore Measures Considered: tax cases involving hidden accounts at offshore finan- Commerce, Justice, Science, and Related Agen- cial institutions. Page S10265 cies Durbin Modified Amendment No. 2647, to re- Appropriations Act—Agreement: Senate contin- quire the Comptroller General to review and audit ued consideration of H.R. 2847, making appropria- Federal funds received by ACORN. Page S10265 tions for the Departments of Commerce and Justice, Begich/Murkowski Amendment No. 2646, to and Science, and Related Agencies for the fiscal year allow tribes located inside certain boroughs in Alas- ending September 30, 2010, taking action on the ka to receive Federal funds for their activities. following amendments proposed thereto: Page S10271 Pages S10265–80, S10284–S10307, S10328 Ensign Modified Amendment No. 2648, to pro- Rejected: vide additional funds for the State Criminal Alien By 33 yeas to 64 nays (Vote No. 317), McCain Assistance Program by reducing corporate welfare Amendment No. 2626, to eliminate funding for programs. Page S10272 Public Telecommunications Facilities, Planning and Shelby/Feinstein Amendment No. 2625, to pro- Construction. Pages S10265–68, S10271–72 vide danger pay to Federal agents stationed in dan- By 33 yeas to 65 nays (Vote No. 319), Ensign gerous foreign field offices. Page S10280 motion to recommit the bill to the Committee on Appropriations, with instructions to report the same D1152

VerDate Nov 24 2008 05:47 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D08OC9.REC D08OCPT1 jbell on DSKDVH8Z91PROD with DIGEST October 8, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1153 Leahy Amendment No. 2642, to include nonprofit Energy and Water Development and Related and volunteer ground and air ambulance crew mem- Agencies Appropriations Act Conference bers and first responders for certain benefits. Report–Cloture: Senate began consideration of the Page S10285 conference report to accompany H.R. 3183, making Graham Amendment No. 2669, to prohibit the appropriations for energy and water development and use of funds for the prosecution in Article III courts related agencies for the fiscal year ending September of the United States of individuals involved in the 30, 2010. Page S10328 September 11, 2001, terrorist attacks. A motion was entered to close further debate on Pages S10285–86 the conference report, and, in accordance with the During consideration of this measure today, Senate provisions of Rule XXII of the Standing Rules of also took the following action: the Senate, a vote on cloture will occur on Tuesday, Chair sustained a point of order against Bunning October 13, 2009. Page S10328 Amendment No. 2653, to require that all legislative A unanimous-consent agreement was reached pro- matters be available and fully scored by CBO 72 viding that the cloture vote on the conference report hours before consideration by any subcommittee or occur upon disposition of H.R. 2847, provided that committee of the Senate or on the floor of the Sen- if cloture is not invoked on the substitute amend- ate, as being in violation of Rule XVI, paragraph 4, ment to H.R. 2847, then a motion to reconsider the of the Standing Rules of the Senate, which prohibits vote by which cloture was not invoked on the sub- legislation on an appropriation bill, and the amend- stitute be considered entered; that the cloture vote ment thus fell. Pages S10265, S10272 on the bill be delayed to occur upon reconsideration, A motion was entered to close further debate on and that upon reconsideration and cloture is not in- the committee-reported amendment in the nature of voked on the substitute, then the cloture motion on a substitute, and, in accordance with the provisions the bill be withdrawn; provided further, that if clo- of Rule XXII of the Standing Rules of the Senate, ture has not been invoked as specified above, then and pursuant to the unanimous-consent agreement of the vote on the motion to invoke cloture on the con- Thursday, October 8, 2009, a vote on cloture will ference report to accompany H.R. 3183, occur one occur at 5:30 p.m., on Tuesday, October 13, 2009. hour after the Senate convenes on Wednesday, Octo- ber 14, 2009. Page S10328 Page S10328 A motion was entered to close further debate on Appointments: the bill, and, in accordance with the provisions of United States-China Interparliamentary Group: Rule XXII of the Standing Rules of the Senate, a The Chair, on behalf of the President pro tempore, vote on cloture will occur on Tuesday, October 13, pursuant to 22 U.S.C. 276n, as amended, appointed 2009. Page S10328 the following Senator as Chairman of the United A unanimous-consent-time agreement was reached States-China Interparliamentary Group conference providing that Senate resume consideration of the during the 111th Congress: Senator Murray. bill at approximately 3 p.m., on Tuesday, October Page S10327 13, 2009, with the hour prior to the vote on the President’s Export Council: The Chair, pursuant motion to invoke cloture on the committee-reported to Executive Order 12131, renewed by Executive amendment in the nature of a substitute, be for de- Order 13446, reappointed and appointed the fol- bate with the time equally divided and controlled lowing Members to the President’s Export Council: between Senators Mikulski and Shelby, or their designees; provided further, that the filing deadline for Reappointment: first-degree amendments be 3 p.m. on Tuesday, Oc- Senator Cornyn. tober 13, 2009. Page S10328 Appointment: Conference Reports: Senators Crapo and Enzi. Page S10327 Agriculture, Rural Development, Food and Drug Senators Kennedy and Martinez Tributes— Administration, and Related Agencies Appro- Agreement: A unanimous-consent agreement was priations Act Conference Report: By 76 yeas to reached providing that the deadline for the tributes 22 nays (Vote No. 318), Senate agreed to the con- to Senators Kennedy and Martinez to be submitted ference report to accompany H.R. 2997, making ap- to the Congressional Record be extended until propriations for Agriculture, Rural Development, Wednesday, October 14, 2009. Page S10327 Food and Drug Administration, and Related Agen- Message from the President: Senate received the cies programs for the fiscal year ending September following message from the President of the United 30, 2010. Pages S10280–84 States:

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Transmitting, pursuant to law, a message relative Corporation. (Prior to this action, Committee on Ag- to the World Trade Organization waiver required by riculture, Nutrition, and Forestry was discharged The Clean Diamond Trade Act; which was referred from further consideration.) to the Committee on Finance. (PM–32) Page S10316 Army nomination in the rank of general. Nominations Confirmed: Senate confirmed the fol- Pages S10313, S10326–27, S10329 lowing nominations: Nominations Received: Senate received the fol- Bartholomew Chilton, of Maryland, to be a Com- lowing nominations: missioner of the Commodity Futures Trading Com- Neil G. McBride, of Tennessee, to be a Member mission for a term expiring April 13, 2013. (Prior of the Board of Directors of the Tennessee Valley to this action, Committee on Agriculture, Nutrition, Authority for a term expiring May 18, 2013. and Forestry was discharged from further consider- David Huebner, of California, to be Ambassador ation.) to New Zealand, and to serve concurrently and with- Edward M. Avalos, of New Mexico, to be Under out additional compensation as Ambassador to Secretary of Agriculture for Marketing and Regu- Samoa. latory Programs. (Prior to this action, Committee on David Daniel Nelson, of Minnesota, to be Ambas- Agriculture, Nutrition, and Forestry was discharged sador to the Oriental Republic of Uruguay. from further consideration.) 2 Army nominations in the rank of general. Jill Sommers, of Kansas, to be a Commissioner of 1 Navy nomination in the rank of admiral. the Commodity Futures Trading Commission for a Pages S10328–29 term expiring April 13, 2014. (Prior to this action, Committee on Agriculture, Nutrition, and Forestry Messages from the House: Pages S10316–17 was discharged from further consideration.) Measures Referred: Page S10317 Kenneth Albert Spearman, of Florida, to be a Measures Read the First Time: Member of the Farm Credit Administration Board, Pages S10317, S10327 Farm Credit Administration for the remainder of the term expiring May 21, 2010. (Prior to this action, Executive Communications: Page S10317 Committee on Agriculture, Nutrition, and Forestry Executive Reports of Committees: Pages S10317–18 was discharged from further consideration.) Additional Cosponsors: Pages S10318–19 Kenneth Albert Spearman, of Florida, to be a Member of the Farm Credit Administration Board, Statements on Introduced Bills/Resolutions: Farm Credit Administration for a term expiring May Pages S10320–22 21, 2016. Additional Statements: Pages S10315–16 Edward M. Avalos, of New Mexico, to be a Mem- Amendments Submitted: Pages S10322–25 ber of the Board of Directors of the Commodity Credit Corporation. (Prior to this action, Committee Authorities for Committees to Meet: on Agriculture, Nutrition, and Forestry was dis- Pages S10325–26 charged from further consideration.) Record Votes: Three record votes were taken today. Scott D. O’Malia, of Michigan, to be a Commis- (Total—319) Pages S10271–72, S10284 sioner of the Commodity Futures Trading Commis- Adjournment: Senate convened at 9:30 a.m. and sion for the remainder of the term expiring April 13, adjourned at 9:18 p.m., until 10 a.m. on Friday, Oc- 2010 vice Walter Lukken, resigned. (Prior to this tober 9, 2009. (For Senate’s program, see the reaction, Committee on Agriculture, Nutrition, and marks of the Majority Leader in today’s Record on Forestry was discharged from further consideration.) page S10328.) Scott D. O’Malia, of Michigan, to be a Commis- sioner of the Commodity Futures Trading Commis- sion for a term expiring April 13, 2015. (Prior to Committee Meetings this action, Committee on Agriculture, Nutrition, and Forestry was discharged from further consider- (Committees not listed did not meet) ation.) Harris D. Sherman, of Colorado, to be Under Sec- BUSINESS MEETING retary of Agriculture for Natural Resources and En- Committee on Armed Services: Committee ordered favor- vironment. (Prior to this action, Committee on Agri- ably reported the nomination of Lieutenant General culture, Nutrition, and Forestry was discharged from David M. Rodriguez, USA, for reappointment to the further consideration.) grade of lieutenant general and to be Commander, Harris D. Sherman, of Colorado, to be a Member International Security Assistance Force Joint Com- of the Board of Directors of the Commodity Credit mand.

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Shear, Director, Financial Mar- Office of Surface Mining Reclamation and Enforce- kets and Community Investment, Government Ac- ment, Department of the Interior, Jose Antonio Gar- countability Office; Peter J. Wallison, American En- cia, of Florida, to be Director of the Office of Minor- terprise Institute, and Andrew Jakabovics, Center for ity Economic Impact, Department of Energy, and American Progress Action Fund, both of Wash- John R. Norris, of the District of Columbia, to be ington, D.C.; and Susan M. Wachter, University of a Member of the Federal Energy Regulatory Com- Pennsylvania Wharton School, Philadelphia. mission for the remainder of the term expiring June 30, 2012. BUSINESS MEETING NOMINATIONS Committee on Commerce, Science, and Transportation: On Committee on Energy and Natural Resources: Committee September 24, 2009, committee announced the fol- concluded a hearing to examine the nominations of lowing subcommittee assignments: Marcia K. McNutt, of California, to be Director of Subcommittee on Aviation Operations, Safety and Security: the United States Geological Survey, Department of Senators Dorgan (Chair), Inouye, Kerry, Boxer, Nel- the Interior, who was introduced by Representative son (FL), Cantwell, Lautenberg, Pryor, McCaskill, Farr, and Arun Majumdar, of California, to be Direc- Klobuchar, Warner, Begich, Snowe, Ensign, DeMint, tor of the Advanced Research Projects Agency-En- Thune, Wicker, LeMieux, Isakson, Vitter, ergy, Department of Energy, after the nominees tes- Brownback, and Johanns. tified and answered questions in their own behalf. Subcommittee on Communications, Technology and the PUBLIC LANDS AND FOREST LEGISLATION Internet: Senators Kerry (Chair), Inouye, Dorgan, Nel- son (FL), Cantwell, Lautenberg, Pryor, McCaskill, Committee on Energy and Natural Resources: Sub- Klobuchar, Udall (NM), Warner, Begich, Ensign, committee on Public Lands and Forests concluded a Snowe, DeMint, Thune, Wicker, LeMieux, Isakson, hearing to examine S. 522, to resolve the claims of Vitter, Brownback, and Johanns. the Bering Straits Native Corporation and the State of Alaska to land adjacent to Salmon Lake in the Subcommittee on Competitiveness, Innovation and Export State of Alaska and to provide for the conveyance to Promotion: Senators Klobuchar (Chair), Kerry, Dor- the Bering Straits Native Corporation of certain gan, McCaskill, Udall (NM), Warner, Begich, other public land in partial satisfaction of the land LeMieux, Ensign, DeMint, Thune, Brownback, and entitlement of the Corporation under the Alaska Na- Johanns. tive Claims Settlement Act, S. 865 and H.R. 1442, Subcommittee on Consumer Protection, Product Safety, and bills to provide for the sale of the Federal Govern- Insurance: Senators Pryor (Chair), Dorgan, Boxer, ment’s reversionary interest in approximately 60 Nelson (FL), McCaskill, Klobuchar, Udall (NM), acres of land in Salt Lake City, Utah, originally con- Wicker, Snowe, DeMint, Thune, Isakson, and Vitter. veyed to the Mount Olivet Cemetery Association Subcommittee on Oceans, Atmosphere, Fisheries, and Coast under the Act of January 23, 1909, S. 881, to pro- Guard: Senators Cantwell (Chair), Inouye, Kerry, vide for the settlement of certain claims under the Boxer, Lautenberg, Begich, Snowe, Wicker, Alaska Native Claims Settlement Act, S. 940, to di- LeMieux, Isakson, and Vitter. rect the Secretary of the Interior to convey to the Nevada System of Higher Education certain Federal Subcommittee on Science and Space: Senators Nelson (FL), land located in Clark and Nye counties, Nevada, S. Inouye, Kerry, Boxer, Pryor, Udall (NM), Warner, 1272, to provide for the designation of the Devil’s Vitter, Snowe, Ensign, Thune, Isakson, and Johanns. Staircase Wilderness Area in the State of Oregon, to Subcommittee on Surface Transportation and Merchant designate segments of Wasson and Franklin Creeks Marine Infrastructure, Safety and Security: Senators Lau- in the State of Oregon as wild or recreation rivers, tenberg (Chair), Inouye, Kerry, Dorgan, Boxer, Cant- and S. 1689, to designate certain land as components well, Pryor, Udall (NM), Warner, Begich, Thune, of the National Wilderness Preservation System and

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the National Landscape Conservation System in the O’Donnell, to be United States Marshal for the Dis- State of New Mexico, after receiving testimony from trict of Rhode Island, all of the Department of Jus- Senators Udall (NM) and Begich; Marcilynn A. tice. Burke, Deputy Director, Bureau of Land Manage- ment, Department of the Interior; Jay Jensen, Dep- RESPONSE TO CERTAIN MILITARY uty Under Secretary of Agriculture for Forestry, Nat- EXPOSURES ural Resources and Environment; Oscar Vasquez Committee on Veterans’ Affairs: Committee concluded a Butler, Dona Ana County Board of Commissioners, hearing to examine the Department of Defense and and Jerry G. Schickedanz, People for Preserving our Veterans’ Affairs response to certain military expo- Western Heritage, both of Las Cruces, New Mexico; sures, after receiving testimony from Senators Wyden and Byron Mallott, Sealaska Corporation, and Bob and Hagan; Michael R. Peterson, Chief Consultant, Claus, Southeast Alaska Conservation Council, both Environmental Health Strategic Healthcare Group, of Juneau, Alaska. Office of Public Health & Environmental Hazards, NOMINATIONS and Stephen C. Hunt, National Director, Post-De- Committee on Foreign Relations: Committee concluded ployment Integrated Care Initiative, both of the Vet- a hearing to examine the nominations of William E. erans Health Administration, and Bradley G. Mayes, Kennard, of the District of Columbia, to be Rep- Director, Compensation and Pension Service, Vet- resentative to the European Union, with the rank erans Benefits Administration, all of the Department and status of Ambassador, Cynthia Stroum, of Wash- of Veterans Affairs; and R. Craig Postlewaite, Acting ington, to be Ambassador to Luxembourg, who was Director, Force Health Protection and Readiness Pro- introduced by Senator Cantwell, John F. Tefft, of grams, Office of the Assistant Secretary for Health Virginia, a Career Member of the Senior Foreign Affairs, Captain Paul Gillooly, Medical Services Service, Class of Minister-Counselor, to be Ambas- Corps, United States Navy (Ret.), Navy/Marine sador to Ukraine, and Michael C. Polt, of Tennessee, Corps Public Health Center, Major General Eugene a Career Member of the Senior Foreign Service, Class G. Payne, Jr., Assistant Deputy Commandant for In- of Minister-Counselor, to be Ambassador to the Re- stallations and Logistics (Facilities), and John J. public of Estonia, all of the Department of State, Resta, Scientific Adviser, U.S. Army Center for and James Legarde Hudson, of the District of Co- Health Promotion & Preventive Medicine, all of the lumbia, to be United States Director of the European Department of Defense; John R. Nuckols, Colorado Bank for Reconstruction and Development, who was State University, Fort Collins; Robert F. Miller, introduced by Senator Kaufman, after the nominees Vanderbilt University Medical Center, Nashville, testified and answered questions in their own behalf. Tennessee; Charles E. Feigley, University of South Carolina Arnold School of Public Health, Wash- BUSINESS MEETING ington, D.C.; Michael Sean Partain, Tallahassee, Committee on the Judiciary: Committee ordered favor- Florida; Stacy Pennington, Pleasant View, Tennessee; ably reported the following business items: Laurie Paganelli, California, Maryland; Herman S. 1692, to extend the sunset of certain provisions Gibb, Arlington, Virginia; and Russell Powell, of the USA PATRIOT Act and the authority to Moundsville, West Virginia. issue national security letters, with an amendment in the nature of a substitute; and INTELLIGENCE The nominations of Brendan V. Johnson, to be Select Committee on Intelligence: Committee met United States Attorney for the District of South Da- in closed session to receive a briefing on certain in- kota, Karen Louise Loeffler, to be United States At- telligence matters from officials of the intelligence torney for the District of Alaska, and Steven Gerard community. h House of Representatives Con. Res. 196–197; and H. Res. 814–821 were in- Chamber Action troduced. Pages H11165–67 Public Bills and Resolutions Introduced: 30 pub- Additional Cosponsors: Pages H11167–68 lic bills, H.R. 3758–3787; and 10 resolutions, H. Reports Filed: Reports were filed today as follows:

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Rept. 111–290); and-nay vote of 416 yeas with none voting ‘‘nay’’, H.R. 1593, to amend the Wild and Scenic Rivers Roll No. 768; and Pages H11126–27 Act to designate a segment of Illabot Creek in Providing for the concurrence by the House in Skagit County, Washington, as a component of the the Senate amendment to H.R. 1016, with amend- National Wild and Scenic Rivers System, with an ment: H. Res. 804, to provide for the concurrence amendment (H. Rept. 111–291); by the House in the Senate amendment to H.R. H.R. 1641, to amend the National Trails System 1016, with amendment, by a 2⁄3 yea-and-nay vote of Act to provide for a study of the Cascadia Marine 419 yeas to 1 ‘‘nay’’, Roll No. 771. Page H11142 Trail, with an amendment (H. Rept. 111–292); Recess: The House recessed at 1:31 p.m. and recon- H.R. 2806, to authorize the Secretary of the Inte- vened at 2:47 p.m. Page H11140 rior to adjust the boundary of the Stephen Mather Wilderness and the North Cascades National Park in National Defense Authorization Act for Fiscal order to allow the rebuilding of a road outside of the Year 2010—Conference Report: The House agreed floodplain while ensuring that there is no net loss of to the conference report to accompany H.R. 2647, to acreage to the Park or the Wilderness (H. Rept. authorize appropriations for fiscal year 2010 for mili- 111–293); and tary activities of the Department of Defense, for H.R. 2499, to provide for a federally sanctioned military construction, and for defense activities of the Department of Energy, to prescribe military per- self-determination process for the people of Puerto sonnel strengths for such fiscal year, to provide spe- Rico, with an amendment (H. Rept. 111–294). cial pays and allowances to certain members of the Page H11165 Armed Forces, and to expand concurrent receipt of Speaker: Read a letter from the Speaker wherein she military retirement and VA disability benefits to appointed Representative Serrano to act as Speaker disabled military retirees, by a recorded vote of 281 Pro Tempore for today. Page H11113 ayes to 146 noes, Roll No. 770. Chaplain: The prayer was offered by the Guest Pages H11115–25, H11127–42 Chaplain, Rev. Todd Jones, First Presbyterian Rejected the McKeon motion to recommit the Church, Nashville, Tennessee. Page H11113 conference report on the bill H.R. 2647 to the committee of conference with instructions to the man- Suspension—Proceedings Resumed: The House agers on the part of the House by a yea-and-nay vote agreed to suspend the rules and agree to the fol- of 208 yeas to 216 nays with 2 voting ‘‘present’’, lowing measure which was debated on Tuesday, Oc- Roll No. 769. Pages H11140–41 tober 6th: H. Res. 808, the rule providing for consideration Recognizing that country music has made a tre- of the conference report, was agreed to by a recorded mendous contribution to American life and cul- vote of 234 ayes to 188 noes, Roll No. 765. ture: H. Res. 650, to recognize that country music Pages H11124–25 has made a tremendous contribution to American Agreed to the Slaughter amendment to the rule life and culture and to declare country music to be by voice vote, after agreeing to order the previous a uniquely American art form, by a 2⁄3 yea-and-nay question by a yea-and-nay vote of 237 yeas to 187 vote of 421 yeas with none voting ‘‘nay’’, Roll No. nays, Roll No. 764. Pages H11123–24 766. Page H11125 Pursuant to the provisions of H. Res. 808, as Suspensions—Proceedings Resumed: The House amended, H. Con. Res. 196, making corrections in agreed to suspend the rules and pass the following the enrollment of the bill H.R. 2647, is adopted. measures which were debated on Wednesday, Octo- Pages H11123–24 ber 7th: Meeting Hour: Agreed that when the House ad- Proclaiming Casimir Pulaski to be an honorary journs today, it adjourn to meet at 10 a.m. tomor- citizen of the United States posthumously: H.J. row, and further, when the House adjourns on that Res. 26, to proclaim Casimir Pulaski to be an hon- day, it adjourn to meet at 12:30 p.m. on Tuesday, orary citizen of the United States posthumously, by October 13th for morning hour debate. Page H11144 a 2⁄3 yea-and-nay vote of 422 yeas with none voting Presidential Message: Read a message from the ‘‘nay’’, Roll No. 767; Pages H11125–26 President wherein he certified that an applicable

VerDate Nov 24 2008 04:54 Oct 09, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D08OC9.REC D08OCPT1 jbell on DSKDVH8Z91PROD with DIGEST D1158 CONGRESSIONAL RECORD — DAILY DIGEST October 8, 2009 waiver, within the meaning of the Clean Diamond emergency communications grant program estab- Trade Act (Public Law 108–19), granted by the lished under the Digital Television Transition and World Trade Organization has been in effect since Public Safety Act of 2005 to remain available until January 1, 2003, and will remain in effect through expended through fiscal year 2012, and for other December 31, 2012—referred to the Committees on purposes. Ways and Means and Foreign Affairs and ordered to CREDIT CARD REFORM be printed (H. Doc. 111–67). Pages H11143–44 Committee on Financial Services: Held a hearing on the Senate Messages: Messages received from the Senate following bills: H.R. 2382, Credit Card Interchange today appear on pages H11113 and H11156. Fees Act of 2009; and H.R. 3639, Expedited CARD Senate Referrals: S. 942 was referred to the Com- Reform for Consumers Act of 2009. Testimony was mittee on Oversight and Government Reform and heard from Representatives Welch and Shuster; and the Committee on Armed Services. public witnesses. Pages H11113, H11163 FEDERAL HOUSING ADMINISTRATION Quorum Calls—Votes: Six yea-and-nay votes and CAPITAL RESERVES two recorded votes developed during the proceedings of today and appear on pages H11124, H11124–25, Committee on Financial Services: Subcommittee on H11125, H11126, H11126–27, H11140–41, Housing and Community Opportunity held a hear- H11141–42 and H11142. There were no quorum ing entitled ‘‘The Future of the Federal Housing Ad- calls. ministration’s Capital Reserves: Assumptions, Pre- dictions and Implications for Homebuyers.’’ Testi- Adjournment: The House met at 10 a.m. and ad- mony was heard from David Stevens, Assistant Sec- journed at 6:35 p.m. retary, Housing and Federal Housing Administration Commissioner, Department of Housing and Urban Committee Meetings Development; and public witnesses. DEFENSE RAPID ACQUISITION PROCESS SUPREME COURT CIVIL RIGHTS DECISIONS Committee on Armed Services: Defense Acquisition Re- Committee on the Judiciary: Subcommittee on Constitu- form Panel held a hearing on the Department of De- tion, Civil Rights and Civil Liberties held a hearing fense’s Rapid Acquisition Process: Is It a Model for on Civil Rights Under Fire: Recent Supreme Court Improving Acquisition? Testimony was heard from Decisions. Testimony was heard from public wit- the following officials of the Department of Defense: nesses. BG Michael Brogan, USMC, Commander, Marine Corps Systems Command; and Tom Dee, Director, HEALTH INSURANCE ANTITRUST Joint Rapid Acquisition Cell, Office of the Under ENFORCEMENT ACT OF 2009 Secretary, Acquisition, Technology and Logistics; Committee on the Judiciary: Subcommittee on Courts Mike Sullivan, Director, Acquisition and Sourcing and Competition Policy held a hearing on H.R. Management, GAO; and Dov Zakheim, former 3596, Health Insurance Industry Antitrust Enforce- Under Secretary (Comptroller), Department of De- ment Act of 2009. Testimony was heard from public fense. witnesses. IMPROVING CHILD NUTRITION HIGH-RISK, HIGH-REWARD RESEARCH Committee on Education and Labor: Subcommittee on Committee on Science and Technology: Subcommittee on Healthy Families and Communities held a hearing to Research and Science Education held a hearing on Examining Innovative Practices to Improve Child Investing in High-Risk, High-Reward Research. Nutrition. Testimony was heard from public wit- Testimony was heard from James Collins, Assistant nesses. Director, Biological Sciences, NSF; and public witnesses. MISCELLANEOUS MEASURES Committee on Energy and Commerce: Subcommittee on MISCELLANEOUS MEASURES Communications, Technology, and the Internet ap- Committee on Small Business: Subcommittee on Finance proved for full Committee action the following bills: and Tax held a hearing on the following bills: H.R. H.R. 1147, amended, Local Community Radio Act 3723, Small Business Credit Expansion and Loan of 2009; H.R. 1084, amended, Commercial Adver- Markets Stabilization Act; H.R. 3739, Job Creation tisement Loudness Mitigation Act; H.R. 1258, as and Economic Development Through CDC Mod- amended, Truth in Caller ID Act of 2009; and H.R. ernization Act of 2009; H.R. 3737, Small Business 3633, To allow the funding for the interoperable Microlending Expansion Act of 2009; H.R. 3740,

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Small Business Investment Company Modernization Georgia; Ismael Ahmed, Director, Department of and Improvement Act of 2009; H.R. 3722, En- Human Services, State of Michigan; Virginia T. hanced New Markets and Expanded Investment in Lodge, Commissioner, Department of Human Serv- Renewable Energy for Small Manufacturers Act of ices, State of Tennessee; and public witnesses. 2009; H.R. 3014, Small Business Health Informa- BRIEFING—AFGHANISTAN CENTER OF tion Technology Financing Act; H.R. 3738, Small EXCELLENCE Business Early Stage Investment Act of 2009; and H.R. 3743, Small Business Disaster Readiness and Permanent Select Committee on Intelligence: Met in execu- Reform Act of 2009. tive session to receive a briefing on Afghanistan Cen- ter of Excellence. The Committee was briefed by de- VETERANS MEASURES partmental witnesses. Committee on Veterans’ Affairs: Subcommittee on Dis- ability Assistance and Memorial Affairs held a hear- Joint Meetings ing on the following bills: H.R. 761, to amend title No joint committee meetings were held. 38, United States Code, to provide for the eligibility of parents of certain deceased veterans for interment f in national cemeteries; H.R. 3485, Veterans Pensions COMMITTEE MEETINGS FOR FRIDAY, Protection Act; H.R. 2243, Surviving Spouses’ Ben- OCTOBER 9, 2009 efit Improvement Act of 2009; H.R. 3544, National (Committee meetings are open unless otherwise indicated) Cemeteries Expansion Act of 2009; and draft legislation. Testimony was heard from Representative Senate Frank of Massachusetts; the following officials of the Committee on Banking, Housing, and Urban Affairs: Sub- Department of Veterans Affairs: Steve L. Muro, Act- committee on Economic Policy, to hold hearings to ex- ing Under Secretary, Memorial Affairs, National amine restoring credit to manufacturers, 9:30 a.m., Cemetery Administration; James P. Terry, Chairman, SD–538. Board of Veterans’ Appeals; and Thomas Pamperin, House Deputy Director, Policy and Procedures, Compensa- tion and Pension Service, Veterans Benefit Adminis- No Committee meetings are scheduled. tration; representatives of veterans organizations; and f public witnesses. CONGRESSIONAL PROGRAM AHEAD VETERANS MEASURES Week of October 12 through October 17, 2009 Committee on Veterans’ affairs: Subcommittee on Eco- nomic Opportunity approved for full Committee ac- Senate Chamber tion the following bills: H.R. 2696, amended, On Tuesday, at approximately 3 p.m., Senate will Servicemembers’ Rights Protection Act; H.R. 1182, resume consideration of H.R. 2847, Commerce, Jus- Military Spouses Residence Relief Act; H.R. 2416, tice, Science, and Related Agencies Appropriations To require the Department of Veterans Affairs to use Act, and vote on the motion to invoke cloture on purchases of goods or services through the Federal the committee-reported amendment in the nature of supply schedules for the purpose of meeting certain a substitute at 5:30 p.m. contracting goals for participation by small business Upon completion of H.R. 2847, Commerce, Jus- concerns owned and controlled by veterans, includ- tice, Science, and Related Agencies Appropriations ing veterans with service-connected disabilities; H.R. Act, Senate will resume consideration of the con- 2461, Veterans Small Business Verification Act; ference report to accompany H.R. 3183, Energy and H.R. 2614, Veterans’ Advisory Committee on Edu- Water Development and Related Agencies Appro- cation Reauthorization Act of 2009; H.R. 2874, priations Act. amended, Helping Active Duty Deployed Act of During the balance of the week, Senate may con- 2009; and H.R. 1168, amended, Veterans Retrain- sider any cleared legislative and executive business. ing Act of 2009. Senate Committees SAFETY NET PROGRAMS RESPONSE DURING RECESSION (Committee meetings are open unless otherwise indicated) Committee on Banking, Housing, and Urban Affairs: Octo- Committee on Ways and Means: Subcommittee on In- ber 14, Subcommittee on Financial Institutions, to hold come Security and Family Support held a hearing to hearings to examine the state of the banking industry, evaluate the response of ‘‘safety net’’ programs dur- 2:30 p.m., SD–538. ing the recession. Testimony was heard from Chip Committee on Commerce, Science, and Transportation: Octo- Rogers, Senate Majority Leader, Legislature, State of ber 14, to hold hearings to examine combating distracted

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driving, focusing on managing behavioral and techno- telligence, Office of the Director of National Intelligence, logical risks, 2:30 p.m., SR–253. 2:30 p.m., SD–106. October 15, Full Committee, to hold hearings to ex- October 15, Full Committee, to hold closed hearings amine the nominations of Erroll G. Southers, of Cali- to consider certain intelligence matters, 2:30 p.m., fornia, to be Assistant Secretary of Homeland Security, S–407, Capitol. Patrick Gallagher, of Maryland, to be Director of the Na- Special Committee on Aging: October 14, with the Com- tional Institute of Standards and Technology, Department mittee on Homeland Security and Governmental Affairs, of Commerce, and Elizabeth M. Robinson, of Virginia, to Subcommittee on Oversight of Government Management, be Chief Financial Officer, National Aeronautics and the Federal Workforce, and the District of Columbia, to Space Administration, 2:30 p.m., SR–253. hold joint hearings to examine the cost of federal long- Committee on Energy and Natural Resources: October 14, term care insurance, 2:30 p.m., SD–342. to hold hearings to examine energy and related economic House Committees effects of global climate change legislation, 10 a.m., SD–366. Committee on Armed Services, October 14, hearing on Af- Committee on Finance: October 13, business meeting to ghanistan: Getting the Strategy Right, 10 a.m., 210 resume consideration of an original bill entitled ‘‘Amer- HVC. ica’s Healthy Future Act of 2009’’, 10 a.m., SH–216. October 15, Defense Acquisition Reform Panel, hear- Committee on Foreign Relations: October 15, Sub- ing on Can the Department of Defense Protect Taxpayers: committee on International Operations and Organiza- When It Pays Its Contractors? 8 a.m., 1310 Longworth. tions, Human Rights, Democracy and Global Women’s Committee on the Budget, October 14, hearing on the Issues, to hold hearings to examine, 2:30 p.m., SD–419. Cost of Current Defense Plans: An Analysis of Budget Committee on Health, Education, Labor, and Pensions: Oc- Issues, 10 a.m., 210 Cannon. tober 14, business meeting to consider any pending Committee on Education and Labor, October 14, Sub- nominations, 10 a.m., SD–430. committee on Higher Education, Lifelong Learning, and October 15, Full Committee, to hold hearings to ex- Competitiveness, hearing on Ensuring Student Eligibility amine equal health care for equal premiums, focusing on Requirements for Federal Aid, 10 a.m., 2175 Rayburn. women, 10:30 a.m., SD–430. Committee on Energy and Commerce, October 15, Sub- Committee on Homeland Security and Governmental Affairs: committee on Commerce, Trade and Consumer Protec- October 14, to hold hearings to examine the past, tion, hearing on The Minority Business Development present, and future of policy czars, 10 a.m., SD–342. Agency: Enhancing the Prospects for Success, 1 p.m., October 14, Subcommittee on Oversight of Govern- 2322 Rayburn. ment Management, the Federal Workforce, and the Dis- October 15, Subcommittee on Oversight and Investiga- tions, hearing entitled ‘‘Insured But Not Covered: The trict of Columbia, with the Special Committee on Aging, Problem of Underinsurance,’’ 1:30 p.m., 2322 Rayburn. to hold joint hearings to examine the cost of federal long- October 16, Subcommittee on Energy and Environ- term care insurance, 2:30 p.m., SD–342. ment, hearing on H.R. 515, Radioactive Import Deter- Committee on the Judiciary: October 14, to hold hearings rence Act, 9:30 a.m., 2123 Rayburn. to examine prohibiting price fixing and other anti- Committee on Financial Assistance, October 14, to con- competitive conduct in the health insurance industry, 10 sider the following measures: October 2, Discussion Draft a.m., SD–226. of the Over-the-Counter Derivatives Markets Act of October 15, Full Committee, business meeting to con- 2009; September 25, Discussion Draft of the Consumer sider S. 448 and H.R. 985, bills to maintain the free flow Financial Protection Agency Act of 2009 (to be reported of information to the public by providing conditions for as H.R. 3126, Consumer Financial Protection Agency Act the federally compelled disclosure of information by cer- of 2009); H.R. 3763, To amend the Fair Credit Report- tain persons connected with the news media, S. 369, to ing Act to provide for an exclusion from Red Flag Guide- prohibit brand name drug companies from compensating lines for certain businesses; and H.R. 3606, Credit CARD generic drug companies to delay the entry of a generic Technical Corrections Act of 2009, 10 a.m., 2128 Ray- drug into the market, and S. 379, to provide fair com- burn. pensation to artists for use of their sound recordings, and Committee on Foreign Affairs, October 14, Subcommittee the nominations of Jacqueline H. Nguyen and Dolly M. on Asia, The Pacific and The Global Environment, to Gee, both to be a United States District Judge for the mark up H. Con. Res. 153, Honoring the 111th anniver- Central District of California, and Edward Milton Chen sary of the independence of the Philippines; followed by and Richard Seeborg, both to be a United States District a hearing on the Future of APEC (Asian-Pacific Economic Judge for the Northern District of California, 10 a.m., Cooperation), 2 p.m., 2172 Rayburn. SD–226. October 15, full Committee, hearing on Afghanistan Committee on Small Business and Entrepreneurship: October Policy at the Crossroads, 10 a.m., 2172 Rayburn. 15, to hold hearings to examine health care solutions for October 15, Subcommittee on the Western Hemi- America’s small businesses, 10 a.m., SD–628. sphere, to mark up H.R. 2134, Western Hemisphere Select Committee on Intelligence: October 13, to hold hear- Drug Policy Commission Act of 2009; followed by a ings to examine the nomination of David C. Gompert, of hearing on Assessing U.S. Drug Policy in the Americas, Virginia, to be Principal Deputy Director of National In- 2 p.m., 2172 Rayburn.

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Committee on Homeland Security, October 14, hearing en- Committee on Transportation and Infrastructure, October titled ‘‘Diversity at the Department of Homeland Secu- 14, Subcommittee on Railroads, Pipelines, and Hazardous rity: Continuing Challenges and New Opportunities,’’ 10 Materials, hearing on High-Speed Rail in the United a.m., 311 Cannon. States: Opportunities and Challenges, 2 p.m., 2167 Ray- Committee on the Judiciary, October 15, hearing on burn. Ramifications of Auto Industry Bankruptcies, Part IV, 10 Committee on Veterans’ Affairs, October 14, hearing on a.m., 2141 Rayburn. the Update on the State of the U.S. Department of Vet- Committee on Natural Resources, October 15, Sub- erans Affairs, 10 a.m., 334 Cannon. committee on Insular Affairs, Oceans and Wildlife, hear- October 15, Subcommittee on Economic Opportunity, ing on H.R. 3644, Bay-Watershed Education and Train- hearing on VA Status Report on Post-9/11 G.I. Bill, 2 ing (B-WET) Regional Program and National Environ- p.m., 334 Cannon. ment Literacy Grant Program Act, 10 a.m., 1324 Long- October 15, Subcommittee on Health, hearing on worth. Identifying the Causes of Inappropriate Billing Practices Committee on Oversight and Government Reform, October by the VA, 10 a.m., 334 Cannon. Select Committee on Energy Independence and Global Warm- 14, hearing at which the Special Inspector General for the ing, October 15, hearing entitled ‘‘Fraudulent Letters Op- Troubled Asset Relief Program will report the results of posing Clean Energy Legislation,’’ 9:30 a.m., room to be his audit of bonus payments made to AIG executives, 10 announced. a.m., 2154 Rayburn. Committee on Science and Technology, October 14, Sub- Joint Meetings committee on Technology and Innovation, to consider Commission on Security and Cooperation in Europe: October pending business, 10 a.m., 2318 Rayburn. 14, to hold hearings to examine promoting tolerance and Committee on Small Business, October 14, hearing enti- understanding in the Organization for Security and Co- tled ‘‘Increasing Access to Capital for Small Businesses, 1 operation in Europe (OSCE) region, focusing on the role p.m., 2360 Rayburn. of the personal representatives, 10 a.m., SVC–208/209.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, October 9 10 a.m., Friday, October 9

Senate Chamber House Chamber Program for Friday: Senate will meet in a pro forma Program for Friday: The House will meet in pro forma session. session at 10 a.m.

Extensions of Remarks, as inserted in this issue

HOUSE Frelinghuysen, Rodney P., N.J., E2487 Miller, Candice S., Mich., E2489 Gallegly, Elton, Calif., E2496 Miller, Jeff, Fla., E2494, E2501 Aderholt, Robert B., Ala., E2485 Gerlach, Jim, Pa., E2489 Murtha, John P., Pa., E2472 Alexander, Rodney, La., E2463 Gingrey, Phil, Ga., E2471 Pastor, Ed, Ariz., E2483 Baca, Joe, Calif., E2486 Gordon, Bart, Tenn., E2490 Platts, Todd Russell, Pa., E2467 Bachus, Spencer, Ala., E2485 Granger, Kay, Tex., E2483 Rangel, Charles B., N.Y., E2493 Barrett, J. Gresham, S.C., E2463, E2478, E2485, E2488 Hastings, Alcee L., Fla., E2487, E2498 Reichert, David G., Wash., E2497 Berkley, Shelley, Nev., E2465 Holt, Rush D., N.J., E2477 Richardson, Laura, Calif., E2475 Bilbray, Brian P., Calif., E2463, E2468, E2483 Honda, Michael M., Calif., E2475 Rodriguez, Ciro D., Tex., E2479, E2491 Bishop, Sanford D., Jr., Ga., E2498 Issa, Darrell E., Calif., E2465 Rogers, Mike, Ala., E2466, E2468, E2471, E2473, E2476, Bordallo, Madeleine Z., Guam, E2498 Kildee, Dale E., Mich., E2463, E2465, E2480, E2485 E2478, E2481, E2483 Brown, Henry E., Jr., S.C., E2491 King, Steve, Iowa, E2473 Ros-Lehtinen, Ileana, Fla., E2489 Brown-Waite, Ginny, Fla., E2464 Kingston, Jack, Ga., E2482 Rothman, Steven R., N.J., E2491 Cardoza, Dennis A., Calif., E2480, E2496 Klein, Ron, Fla., E2476 Sarbanes, John P., Md., E2474 Castor, Kathy, Fla., E2497 Lance, Leonard, N.J., E2500 Schwartz, Allyson Y., Pa., E2493 Christensen, Donna M., The Virgin Islands, E2488 Larson, John B., Conn., E2487 Scott, Robert C. ‘‘Bobby’’, Va., E2495 Cohen, Steve, Tenn., E2497 Levin, Sander M., Mich., E2490 Slaughter, Louise McIntosh, N.Y., E2493 Costa, Jim, Calif., E2467, E2491 LoBiondo, Frank A., N.J., E2478, E2492 Thompson, Mike, Calif., E2487, E2492 Davis, Susan A., Calif., E2480 Lofgren, Zoe, Calif., E2463 Tiberi, Patrick J., Ohio, E2495, E2501 Dingell, John D., Mich., E2473 McNerney, Jerry, Calif., E2499 Turner, Michael R., Ohio, E2494 Eshoo, Anna G., Calif., E2464, E2470, E2482, E2484, Maffei, Daniel B., N.Y., E2501 Waters, Maxine, Calif., E2499 E2486, E2499 Markey, Edward J., Mass., E2489 Wilson, Joe, S.C., E2490 Etheridge, Bob, N.C., E2482, E2494 Massa, Eric J.J., N.Y., E2488, E2500 Wittman, Robert J., Va., E2465 Farr, Sam, Calif., E2479 Meek, Kendrick B., Fla., E2490 Woolsey, Lynn C., Calif., E2482

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