October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24905 SENATE—Thursday, October 15, 2009

The Senate met at 9:30 a.m. and was RECOGNITION OF THE MAJORITY report to accompany H.R. 3183, which is called to order by the Honorable LEADER the Energy and Water appropriations KIRSTEN E. GILLIBRAND, a Senator from The ACTING PRESIDENT pro tem- bill. We hope to reach agreement that the State of New York. pore. The majority leader is recog- would allow us to yield back nized. postcloture time and vote on the con- PRAYER Mr. REID. Madam President, under ference report this afternoon. We are The PRESIDING OFFICER. Today’s my leader time, I yield to Mr. LUGAR, also working on an agreement to con- opening prayer will be offered by Rev. the Senator from Indiana. sider conference reports on the Home- Dr. James L. Merrell, retired Disciples The ACTING PRESIDENT pro tem- land Security bill and the Defense au- of Christ journalist, serving as pastor pore. Without objection, it is so or- thorization bill. Senators will be noti- of Trinity United Church of Christ, St. dered. fied when any votes are scheduled. Louis, MO. The Senator from Indiana. f The guest Chaplain offered the fol- f RECOGNITION OF THE MINORITY lowing prayer: LEADER Creator God, source of all things in WELCOMING THE GUEST heaven and on Earth, give wisdom and CHAPLAIN The ACTING PRESIDENT pro tem- strength to those who seek. We come pore. The Republican leader is recog- Mr. LUGAR. Madam President, I nized. today with fresh anticipation. We as- thank the distinguished majority lead- semble in this place where history is er for the opportunity to thank my f made, knowing that Your presence has friend, Rev. James Merrell, for opening HEALTH CARE WEEK XIII, DAY III guided those serving here so faithfully our session with prayer this morning. Mr. MCCONNELL. Madam President, in challenging decades past. We give He has been a very dear friend from thanks that Your sure and merciful from the very outset of the debate over high school days onward. We attended health care, Americans have made it hand continues to uphold the life of our Shortridge High School in Indianap- blessed Nation. We are grateful for the known that they support reform. But olis, IN. He was 2 years older than I and over the course of the past several light and love You never fail to show to was already well established with the those who accept their calling as Sen- months, Americans have come to real- Shortridge Daily Echo, a daily high ize that not all reforms are created ators. Now we would ask You to con- school newspaper at Shortridge, writ- tinue empowering this body to make equal. ing for the Tuesday paper. I was grate- And while they still support reform, decisions in keeping with Your pur- ful for the opportunity to write weekly pose. Amen. very few of them support the specific for the Thursday paper. We shared ex- proposals they have seen from Demo- f periences with the late Jean Grubb, a crats in Washington. Americans want distinguished teacher of journalism at reform. But higher premiums, higher PLEDGE OF ALLEGIANCE our school. Then likewise we were taxes, and cutting Medicare is not re- mentored by C.C. Shoemaker, the de- form. The Honorable KIRSTEN E. GILLI- bate coach at Shortridge High School. Somewhere along the way, the terms BRAND led the Pledge of Allegiance, as Jim proceeded on to distinguished follows: of the debate shifted. honors at Indiana University and then At the outset, nobody expected that I pledge allegiance to the Flag of the on to the Disciples of Christ Church in reform would lead to higher premiums. United States of America, and to the Repub- his ministry. He was most distin- In fact, most people thought the whole lic for which it stands, one nation under God, guished as the editor for many years of indivisible, with liberty and justice for all. point was to reduce costs, not raise World Call and then established an ad- them. f ditional paper at the Church of Christ At the outset of this debate, nobody on his own, The Disciple. He has been a expected they would be paying higher APPOINTMENT OF ACTING pastor in St. Louis for many years. He taxes, particularly in the midst of the PRESIDENT PRO TEMPORE has many mutual friends from Indian- worst recession in generations. Yet The PRESIDING OFFICER. The apolis. that is what they are now being told, clerk will please read a communication I am delighted he could be a part of that middle class Americans will take to the Senate from the President pro our session today. I greet Jim Merrell the brunt of a whole slew of new taxes as a very dear friend, someone I respect tempore (Mr. BYRD). to pay for a trillion-dollar experiment The bill clerk read the following let- as a clergyman, a writer, and debater. with our health care system. ter: I am thankful to the Senate Chaplain And at the outset of this debate, sen- for inviting him to be with us. iors had no idea they would be asked to U.S. SENATE, I thank the majority leader for yield- PRESIDENT PRO TEMPORE, help foot the bill for this massive ex- Washington, DC, October 15, 2009. ing. periment in government health care To the Senate: The ACTING PRESIDENT pro tem- through cuts to Medicare. Yet that is Under the provisions of rule I, para- pore. The majority leader. precisely what they’re now being told— graph 3, of the Standing Rules of the f that Medicare will be cut by half a tril- Senate, I hereby appoint the Honorable lion dollars, whether the 40 million KIRSTEN E. GILLIBRAND, a Senator from SCHEDULE seniors who depend on it like it or not. the State of New York, to perform the Mr. REID. Following leader remarks, Let us focus for a moment on those duties of the Chair. there will be a period of morning busi- Medicare cuts. ROBERT C. BYRD, ness for 2 hours. Republicans will con- For months, Americans have been President pro tempore. trol the first hour and the majority hearing that if they like the health Mrs. GILLIBRAND thereupon as- will control the second hour. Following care plans they have, they will be able sumed the chair as Acting President morning business, the Senate will re- to keep them. Evidently, that pledge pro tempore. sume consideration of the conference didn’t apply to the millions of seniors

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

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24906 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 currently enrolled in the popular Medi- raid it to pay for a massive govern- Under the President’s budget that care Advantage program, because the ment-driven experiment that could every Democrat voted for this year, we Finance Committee bill explicitly calls make our health care worse. will have budget shortfalls or deficits for more than $130 billion in cuts to The American people want reform. averaging $1 trillion each year for the Medicare Advantage, cuts that will un- But higher premiums, higher taxes, next 10 years. We can’t blame this on doubtedly alter the plans that more and cutting Medicare, that is not re- the Bush administration if spending than 11 million seniors on Medicare Ad- form. That is why they overwhelm- was as much as the last 4 years com- vantage now enjoy. ingly oppose this proposal, and they bined and the budget shortfall is going These cuts might lead to fewer bene- shouldn’t have to apologize for it. They to be $1 trillion for the next 10 years. It fits; or they might force seniors off should expect Congress to listen to was never $1 trillion. It wasn’t even their plans altogether. But under ei- them, and keep up the pressure until half that much ever under President ther scenario, seniors would no longer Congress listens. Bush. enjoy the plans they have and like. No I yield the floor. Let me put this in perspective. The one expected that at the outset of this f President’s budget, supported by every debate. RESERVATION OF LEADER TIME Democrat, will double the national And this is just a fraction of the debt in 5 years, increasing it from $5.8 Medicare cuts that the Finance Com- The ACTING PRESIDENT pro tem- trillion to $11.7 trillion. It would al- mittee calls for as the cost of reform. pore. Under the previous order, the most triple the debt in 10 years. These Other cuts include more than $120 bil- leadership time is reserved. are estimates from the Congressional lion in cuts to hospitals that care for f Budget Office. By contrast, look at the seniors. The Kentucky Hospital Asso- MORNING BUSINESS last 219 years in the history of the ciation warned earlier this year that The ACTING PRESIDENT pro tem- country. From 1789 to 2008, Americans these kinds of cuts would affect the amassed a $5.8 trillion national debt. In services hospitals provide in my State. pore. Under the previous order, the Senate will proceed to a period of other words, in 5 years, this President I am sure if my colleagues talked to will have a debt equal to all of the pre- doctors and hospitals back home, they morning business for 2 hours, with Sen- ators permitted to speak therein for up vious Presidents from George Wash- would hear the same. ington all the way through George W. Then there is more than $40 billion in to 10 minutes each, with the time Bush. We cannot claim that is inher- cuts to home health agencies which equally divided and controlled between the two leaders or their designees, with ited from the past. give seniors the option of receiving This President’s deficit spending is the Republicans controlling the first care in their homes. not sustainable. By the end of the The bill also takes another $15 billion hour and the majority controlling the budget period, the debt will have sky- in cuts to nursing home which care for final hour. rocketed to 82 percent of the gross do- seniors who can no longer be cared for The Senator from Arizona. mestic product, which everyone agrees, at home. f And then there is nearly $8 billion in including the President’s advisers, is cuts to hospice care. HEALTH CARE REFORM not sustainable. Think about the inter- Nobody expected a free lunch when it Mr. KYL. Madam President, I wish to est payments. Think about your own came to health care reform. But no one take 10 minutes this morning to re- credit card interest payments for inter- expected this either. Americans are spond to some comments made by my est payments on debt. These will soon doing the cost-benefit analysis, and friend from Illinois, my counterpart, be the single largest item in the Fed- they don’t think half a trillion dollars the Democratic whip, comments made eral budget. in cuts to Medicare is an acceptable in response to Minority Leader MCCON- What if debt interest payments were tradeoff, especially since none of these NELL’s remarks earlier this week. the single largest item in your own cuts would do anything to strengthen Yesterday, Senator DURBIN made a family budget? More than $800 billion a and protect Medicare. couple of points. One I specifically year in 10 years will be spent on inter- It would be one thing if Medicare re- want to focus on has to do with the na- est alone—$800 billion a year. That forms were used to ensure its solvency tional debt. Senator MCCONNELL had eclipses what we spend on national se- for future generations. But the pro- talked about the fact that spending by curity. It is four times as much as we posals we have seen do nothing of the the Democrats, especially with regard spend on education, energy, and trans- sort. Instead, they use Medicare as a to proposals for new health care legis- portation combined. These are not ab- piggy bank to create another govern- lation, was going to increase the na- stract numbers. This will have an ef- ment program that will undoubtedly tional debt. The Senator from Illinois fect on every American. face the same financial stresses that came back and said he agreed the debt In 2019, under the President’s plan, we see in Medicare and in just about is too high, but he said we need to un- each U.S. household’s share of the Fed- every other entitlement program. derstand that the reason it is too high eral debt will be more than $130,000. The President thought this was a bad is the Bush administration—that, in ef- That is more than most of us owe on idea on the campaign trail. It is still a fect, President Obama inherited the our mortgages. Notably, since the bad idea today. debt. That is not exactly accurate. Democrats have taken over the Con- Americans know the dangers of hold- Here are the actual facts regarding the gress—we are not talking about ‘‘inher- ing off on Medicare reform. When Medi- debt today. On Tuesday, 2 days ago, the ited’’ now—the Congress has increased care Part A was created in 1965, it was Treasury Department reported that the the debt limit four times, and the ad- projected to spend out $9.1 billion on deficit this past fiscal year totaled $1.4 ministration has made a request for a hospital services and related adminis- trillion. That is a figure higher than fifth increase that we anticipate occur- tration in 1990. As it turned out, costs the previous 4 years combined. The pre- ring this November. that year were more than seven times vious 4 years were Bush years. Last So should we be worried about the the original estimates. Forty-four year was primarily the Obama adminis- debt? I believe so. Was it a problem in- years after its creation, Medicare is al- tration. herited from the Bush administration? ready paying out more money than it The Republican leader said: No. The real problem is what we have is taking in. It is already committed to Since January 20 of this year, the Federal done since January 20, since President spend nearly $40 trillion it doesn’t Government has borrowed $1.2 trillion or Obama came into office, since Demo- have, and current forecasts indicate more than $10,500 for every household in the crats have been in control of the Con- that Medicare will face bankruptcy in United States. gress and the adoption of a budget less than a decade. What is the significance of January which is going to triple our debt in just It is time to restore this vital pro- 20? That is the day President Obama 10 years. And in 5 years we will have gram for the sake of our seniors, not was sworn in as President. more debt than every single President

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24907 and Congress in the entire history of In my State and some other States it then people are going to be paying $40 the country right up through George is even worse. For Arizona, Idaho, Ken- billion more in insurance premiums be- W. Bush accumulated—in one budget of tucky, Virginia, and the District of Co- cause the cost of those medical devices this administration. lumbia, we will have the highest pre- will be reflected in the cost to the in- The other thing I would like to speak mium increases, where premiums could surer and, therefore, the cost to the to is comments the Senator from Illi- increase by as much as $2,619 for indi- people who are paying the premiums. nois made on Tuesday. Again, he was viduals and—think about this—$7,426 There was a concern expressed by my critical of Senator MCCONNELL, who for families. Think about that as a pre- colleague from Illinois that insurance noted that all of these bills passed in mium increase under a bill that is sup- companies will raise their premiums— the House and in the Senate were posed to help us afford our health care, the point I have been making—but passed on essentially partisan votes, but we get socked with a $7,000 increase they will do it in a collusive fashion and that Republican ideas had been ig- in the health care premium for our and maybe we should look at the anti- nored. My colleague said: Well, in the families. trust laws in that regard. HELP Committee there were 150 Part of this is because of the min- Well, they do not have to collude to amendments adopted that had been of- imum benefit requirements the bill raise their premiums. Every one of fered by Republicans. The vast major- provides for. They note this will in- them has an incentive—as the Congres- ity of those were purely technical cor- crease costs about 10 percent in the in- sional Budget Office and these other re- rections, misspellings, typos, and dividual market and 3 percent in the ports demonstrate—for them to be able things of that sort. I do not think any- small group market. This is under the to stay in business; they have to be body can contend that Republicans Baucus bill. Small employers pur- able to raise their premiums to reflect have had a fair voice in the creation of chasing new policies in this new mar- their cost of doing business. They do the health reform legislation around ket will experience premiums that are not have to collude to do that. here. up to 19 percent higher in year 5 of the Then the Democratic whip made Then there was an attack on the reform. Premiums are going up. what I would say is a rather odd argu- messengers. There have been several Milliman, another independent actu- ment: Republicans have been critical of reports that demonstrate that insur- arial firm, found that the average actu- the concept of government-run insur- ance premiums are going to go up, not arial value of a high deductible plan is ance. The Democratic whip said: Well, down, in this legislation. The attack 48 percent. In Arizona, incidentally, it we have government-run insurance— was not to contend that the figures is 61 percent. What does this mean? Federal employees and Members of were wrong but, rather, to attack the Under the legislation, the lowest insur- Congress—and we think it is a good messengers—in two cases—to say: Well, ance plan value is defined by the Fed- program. And he said under the pro- the insurance industry actually paid eral Government. It has to be 65 per- gram, there are nine different health for some of those reports. Does that cent. That means there will be an in- plans to choose from, and we pick the make the reports wrong? It might raise crease in health insurance premiums best one for us, and the employer pays a question in our minds as to whether by 35 percent for those with high de- part of it and we pay part of it, and so they are appropriate, but how about ductible plans. Individuals enrolled in on. analyzing them to see whether they are individual health plans with a lower That certainly is all true, except for wrong. actuarial value than 65 percent will see one thing: It is not government run. As The majority whip then went on to their premiums increase by 18 percent. he noted, there are nine private plans. say that the Congressional Budget Of- So to the allegation that somehow Re- This is no different than any other em- fice even disagrees with the Republican publicans are wrong when we criticize ployer. Most large employers, such as leader and predicted that the health the Baucus bill for raising individual the Federal Government, give their care premiums would actually not go and family insurance premiums, the re- employees a choice of two, three, four, up. Specifically, he said: ‘‘They pre- ality is, all the experts agree, including maybe sometimes as many as nine or dicted if health care reform went the Congressional Budget Office. ten plans if they are a big enough em- through, health care insurance pre- Then there was another question that ployer. The Federal Government is a miums would go up’’ on American fam- had to do with medical devices. The re- huge employer, so we can offer nine dif- ilies. ality is, because of taxes imposed in ferent plans. But there is no Federal The Senator from Illinois said: the Baucus bill, there are going to be a insurance. This is not federally run. Well, there are those who disagree, people lot of increased expenses, including ex- This is the Federal Government as with the Congressional Budget Office and penses that are going to be passed on the employer doing the same thing others. . . . to individuals. One of those is in the that Honeywell as an employer would Let me quote the Congressional medical device industry. do for its employees. It gets three or Budget Office. It does not disagree. The Let me quote a letter that some four insurance companies with dif- Congressional Budget Office specifi- Democratic colleagues of ours—Sen- ferent kinds of plans and says to its cally supports what Senator MCCON- ators KLOBUCHAR, BAYH, and FRANKEN employees: We will pay for part of the NELL said: and then Senator LUGAR on the Repub- cost. You get to pay for the rest of it. Premiums in the new insurance exchanges lican side sent to Chairman BAUCUS. I That is not federally run or govern- would tend to be higher than the average am quoting from it: ment-run insurance. So the Democratic premiums in the current-law individual mar- [T]he provision would harm economic de- whip is simply wrong when he says the ket. velopment and health care innovation na- plan Members of Congress and Federal CBO was very clear in conversations tionwide. employees have is government run. we have had with them that specifi- [W]e are concerned that this tax will stifle That is simply not true. cally with regard to American families technological innovations that can improve I mentioned the medical device issue. premiums will be higher. patient outcomes and lower health care I would note Senator KERRY is another So the Senator from Kentucky, the costs. one of our colleagues who, like me and Republican leader, was correct and the It is also a fact, as I said, that these like others, has expressed concerns Democratic whip was incorrect. CBO expenses are passed through. There are about this issue because of the fact says premiums will be higher. several studies that demonstrate that the taxes paid by the medical de- This report issued yesterday from that—as well as the comments of the vice industry will, in fact, be passed on Oliver Wyman said premiums will in- Congressional Budget Office and the to consumers. crease in the individual market ap- Joint Tax Committee—all of whom say Finally, the Democratic whip asked proximately $1,500 for single coverage it is virtually a dollar-for-dollar pass- where the Republican health care plan and $3,300 for family coverage every through. So if we raise taxes on the is. I do not know how many times we year. medical device industry by $40 billion, have to repeat this, but let me do it

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24908 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 one more time. Time and time again, erage. If we have a small risk pool, it is gested that instead of premiums going we have said: Here are things we be- hard. That is why small businesses find down—which is the whole point of this lieve will reduce the cost of health it so hard. So we talk about larger risk exercise, reducing costs—they might go care, will help people get coverage who pools through association health plans. up. I would like to talk about that a do not have it now, and will reform the Madam President, I think I have ex- little bit today. system. ceeded my 10 minutes. We could go on Premiums, your premiums—and let’s What are some of the ideas we have and on with Republican ideas that have talk about who the ‘‘you’’ is. We have proposed? By the way, each of these been proposed but get shot down by the about 170 million Americans who have were offered as amendments in the Democrats. So it is not a matter of employer-based insurance, and we have HELP Committee and in the Finance looking for a Republican proposal. a total of about 250 million Ameri- Committee and in the House of Rep- Let me conclude with this: It is true cans—that is most of us—who have resentatives, and Democrats voted that Republicans will probably not pro- some kind of insurance premium that against every one of them every time. pose a massive trillion-dollar bill as either we pay or is paid for us. I think So it is not as if we do not have ideas the Democrats have. That is true. We our goal is to make it easier to afford and alternatives that would solve spe- are not going to because we do not do those premiums; in other words, to re- cific problems, it is that the Democrats 1,000-page bills in the Congress very duce costs. But the Baucus bill, in at do not like the ideas and, therefore, well. We do not know the consequences least four ways, increases costs, and have rejected them. But I will repeat a of them. The cost is always enormous. raises premiums. couple of them one more time. Republicans have a better approach. One way is it reduces the penalty for Republicans lead with medical mal- We believe we should do this step by individuals and families who are re- practice reform, to try to do something step: First, regain the trust of the quired to buy insurance so they might about this jackpot justice system American people that we can do it not buy insurance, and if the young where lawyers end up getting most of right, and that we are listening to and healthy go out of the insurance the money, and doctors and hospitals them about what they want rather pool, premiums of everybody who is in have to practice defensive medicine to than coming up with some grand the insurance pool go up. anticipate litigation and to be able to scheme that a bunch of staffers and No. 2, the Baucus bill will say—and protect themselves against it. There consultants in Washington, DC, came so do the other bills the Democrats are estimates: as much as 10 cent out up with. have presented—that my children, who of every health care dollar spent is on Let’s listen to the American people, pay lower premiums than I do, will premiums that doctors have to pay for hear what it is they want. They do not have higher premiums because under their liability insurance. There is over want a massive, big spending bill that the law there can’t be as much dif- $100 billion a year that can be saved is going to add to our deficit, that is ference between what an older person from defensive medicine practices if we going to raise their taxes and raise pays and what a younger person pays. are able to have medical malpractice their insurance premiums, and, in the So for most young Americans who buy reform. The CBO even scored it—in a end, not insure very many more Ameri- insurance—and in this case they will be very narrow way—at $54 billion just in cans. That is not reform. required to buy insurance or pay a pen- savings to the Federal Government. Madam President, I see my colleague alty, so their premiums go up. As my colleague, Senator ENSIGN, from Tennessee is in the Chamber. He There is a third reason premiums go pointed out in an exchange with the has been an eloquent spokesman on up. Premiums will go up because, when CBO Director in the Finance Com- this issue, and I am pleased to yield the you buy insurance, you don’t just get mittee, one could anticipate that about floor. to buy any kind of insurance; you buy twice that much savings would occur if The ACTING PRESIDENT pro tem- a government-approved, basic policy. It we add in all of the savings to the pri- pore. The Senator from Tennessee. sounds like a little more Washington vate sector as well. So we could be Mr. ALEXANDER. Madam President, takeover to me. When you go out to talking about well over $100 billion in I congratulate the Senator from Ari- buy your government-approved, basic savings. This is a huge amount of zona for identifying so well, among policy, what you will find under this money. It does not cost the Federal other things, how Republicans would bill is that for millions of Americans, Government a dime. It makes the sys- like to approach the health care reform it will cost you more. Your premiums tem more fair, and it is a savings that costs. We want to reduce costs for indi- will go up. There are a great many can be passed on in the form of lower viduals who are buying insurance, and Americans who make the sensible deci- premiums and lower health care costs. we want to reduce the cost of our gov- sion of buying a high deductible policy. Another idea we have talked about a ernment. Rather than a comprehensive They say: I will pay most of my health lot—you have heard it—the sale of in- 1,000-page, trillion-dollar bill filled care costs up to a point, but I will buy surance across State lines. Let’s make with surprises, we prefer to go step by the insurance for the catastrophe in the insurance companies have to com- step in the right direction; that is, re- my life that I could never afford. Well, pete with each other. Sometimes they ducing costs. those policies will not be as available. have little monopolies; there are only The Senator from Arizona has men- Then, finally, there are going to be two or three companies in a particular tioned ways to do that. Whether it is $955 billion in new taxes. The bill is State. Well, if we could buy our health allowing small businesses to pool their very careful about not placing them di- insurance like we can buy our casualty resources, which could add millions of rectly on you; it puts them on every- insurance, our homes or our car insur- people to the rolls of the insured in the body you buy things from. It puts them ance, from any company anywhere in country, whether it is reducing junk on people from whom you buy your the country, those insurance compa- lawsuits against doctors, whether it is medical devices; it puts them on people nies in our States would have to be bet- allowing for the buying of insurance from whom you buy your health insur- ter competitors. My guess is they across State lines or health insurance ance. We all know what will happen would lower our rates and they would exchanges or using health information when we put taxes on people from give us better benefits. That competi- technology, we can take steps in the whom we buy things. If we put taxes on tion would help us. Again, it does not right direction to regain the trust of oil companies, what happens? They cost a dime. the American people and move toward pass it on to us at the gas pump. If you How about association health plans, reducing costs. put taxes on all these health care serv- letting small businesses and groups The Senator also did a very clear job ices, what happens? Our insurance pre- band together to create larger risk of pointing out how the Baucus bill miums go up. pools? Risk pools help define the cov- may actually increase costs. There has So one does not have to be an actu- erage. If we have a big risk pool, been a lot of squirming around on the ary to figure this out. If the individual chances are we can get cheaper cov- other side because it has been sug- mandate penalty is weaker, premiums

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24909 go up. If young people can’t buy cheap- want it for New York, we want it for Mr. THUNE. Madam President, I er policies—cheaper than mine if there California. If the Federal Government wish to pick up where my colleague is a rule—their premiums go up. If we is going to expand Medicaid, the Fed- from Tennessee left off and talk a little all have to buy government-approved eral Government needs to pay for the bit about this issue that is before us policies, or most of us do, that are rich- Medicaid expansion and not send it to and before the country right now, the er than what many of us want to buy the States. So that will be a bipartisan issue of health care reform. I would today, our premiums go up. If we have step. submit to my colleagues in the Senate $955 billion in new taxes when the bill Then there is another bipartisan that the purpose of reform, as has been is fully implemented, most of which step, and that was from eight Demo- stated now for many years as reform are passed along to us, our premiums cratic Senators who wrote in and said: has been talked about, is that we have go up. We want to be able to read the bill and to do something to get health care So I would ask this question: What is know what it costs before we start vot- costs under control. We have to rein in this exercise all about? I thought it ing on it. All 40 of us agree with that these increasing, double-digit, every was about reducing costs. I thought it on the Republican side and we believe year inflationary increases people are was about lowering the cost of our in- that is the right thing to do: Put it on seeing in their health care costs. So surance premiums. But it looks as the Internet for 72 hours. Senator BUN- the purpose of health care reform, as though it will increase the cost of our NING has offered an amendment for stated, is to lower the costs of health insurance premiums and, if that is that. That now has bipartisan support. care for people in this country, as well true, we ought to reject this bill for That means, when this bill is finally as to extend coverage, provide access that one reason alone. Of course, we written—it is not a bill yet—when it to coverage for those who don’t nor- haven’t even seen the bill. It is not comes out of the back rooms, it will at mally have it, which, as has been noted written. It has to be combined by the least be on the Internet for 72 hours. in the past, is about 15 percent of the majority leader in a dark office some- Then we will need to have a complete population. About 85 percent of the where and then we will see it. But that fiscal estimate. That ought to take a people in this country do have health is what we should be looking for. couple or 3 weeks. Then we need to care, and their concern is: What are we It is often said that—that is another come to the floor and debate it because going to do to drive down the costs of reason why the Republican idea of a we need to know: Are your premiums health care? What are we going to do step-by-step approach to reduce costs going up or down? Are taxes going up to make my health insurance cost less makes a lot more sense than these big, or down? What about these Medicare and my health care coverage cost less? comprehensive, 1,000-page, $1 trillion cuts: $500 billion in Medicare cuts not In that vain, I wish to point out an bills. We want to reduce the cost of in- spent to restore Medicare but for a new article from yesterday in the Wall surance, but we don’t want to pass a government program, I think. My point Street Journal, which I would rec- bill that raises premiums to do that. is, there are a number of questions that ommend to my colleagues and which It has been said there is not much bi- need to be answered. was written by former CBO Director partisanship. Let me conclude in this way: We have Douglas Holtz-Eakin. Madam President, I hope you will a bipartisan approach. We want to read Madam President, I ask unanimous please let me know when I have con- the bill and know what it costs. consent to have that article printed in sumed 9 minutes. Enough of us do that, so I think we will the RECORD. The ACTING PRESIDENT pro tem- do that, and we will have at least as There being no objection, the mate- pore. The Chair will notify the Sen- good a debate as we did on the farm rial was ordered to be printed in the ator. bill. That took a month. The Energy RECORD, as follows: Mr. ALEXANDER. Again, it has been bill took 2 or 3 months. This is one- [From the Wall Street Journal, Oct. 13, 2009] said there is not much bipartisanship sixth of the economy, and we will need THE BAUCUS BILL ISATAX BILL in this debate. That is not true. There several weeks to talk. What will we be (By Douglas Holtz-Eakin) has been a partisan rejection of a bi- talking about? We will be talking partisan bill. Fourteen of us signed up about—at least I will be talking Remember when health-care reform was supposed to make life better for the middle on the bill which Senator WYDEN, a about—whether this bill is reform; class? That dream began to unravel this past Democrat, and Senator BENNETT, a Re- whether it will reduce costs, and summer when Congress proposed a bill that publican, offered. whether it will raise your premiums or failed to include any competition-based re- There is another option the various lower your premiums. If it weakens the forms that would actually bend the curve of committees had. It didn’t increase the individual mandate; if it says young health-care costs. It fell apart completely debt a penny. It gave people more people can’t buy inexpensive policies when Democrats began papering over the choices. It didn’t have a new govern- anymore; if it says millions of us have gaping holes their plan would rip in the fed- ment program. It had a lot of good to buy government-approved, richer eral budget. principles in it, but that was rejected. As it now stands, the plan proposed by policies instead of policies with high Democrats and the Obama administration That didn’t get the time of day, no deductibles; and if it imposes $955 bil- would not only fail to reduce the cost burden more than the Republican step-by-step lion of taxes that will be passed on, on middle-class families, it would make that proposals, but there are other bipar- raising our premiums; if it raises our burden significantly worse. tisan efforts other than Wyden-Ben- premiums instead of lowering our pre- Consider the bill put forward by the Senate nett. There is the Reid amendment of- miums, then why are we doing this? Finance Committee. From a budgetary per- fered by the majority leader. He be- That is not health care reform. That spective, it is straightforward. The bill cre- came concerned about how the Baucus is not reducing costs. We should in- ates a new health entitlement program that bill was going to transfer to the State the Congressional Budget Office (CBO) esti- stead take the Republican approach mates will grow over the longer term at a of Nevada big, new Medicaid costs that and go step by step to reduce costs rate of 8% annually, which is much faster might result in new taxes. Every single starting with small business health than the growth rate of the economy or tax Governor in the country is concerned care plans, reducing junk lawsuits, al- revenues. This is the same growth rate as the about that, Democratic or Republican. lowing insurance to be sold across House bill that Sen. Kent Conrad (D., N.D.) So the majority leader fixed the prob- State lines, creating health insurance deep-sixed by asking the CBO to tell the lem for Nevada and three other States. exchanges, implementing health infor- truth about its impact on health-care costs. We will call that the Reid amendment mation technology, and changing tax To avoid the fate of the House bill and and when this bill comes to the floor achieve a veneer of fiscal sensibility, the incentives. Senate did three things: It omitted inconven- we are going to introduce a Reid I yield the floor. ient truths, it promised that future Con- amendment and we are all going to The ACTING PRESIDENT pro tem- gresses will make tough choices to slow enti- support it because we want it for pore. The Senator from South Dakota tlement spending, and it dropped the ham- Texas, we want it for South Dakota, we is recognized. mer on the middle class.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24910 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 One inconvenient truth is the fact that Mr. THUNE. Madam President, I gressional Budget Office that if you Congress will not allow doctors to suffer a wish to highlight a few sentences from were to incorporate that, you would 24% cut in their Medicare reimbursements. that article regarding the bill that was drive down the cost of health care in Senate Democrats chose to ignore this re- reported out of the Finance Committee this country by literally billions and ality and rely on the promise of a cut to make their bill add up. Taking note of this earlier this week. In that article he billions of dollars. Yet there is no men- fact pushes the total cost of the bill well says this: tion or reference to medical mal- over $1 trillion and destroys any pretense of The bill would impose nearly $400 billion in practice reform in this bill. budget balance. new taxes and fees. Nearly 90 percent of that Mr. MCCAIN. Isn’t it true, as much as It is beyond fantastic to promise that fu- burden will be shouldered by those making we respect the Congressional Budget ture Congresses, for 10 straight years, will $200,000 or less. It might not appear that way Office and their figures as to the allow planned cuts in reimbursements to at first because the dollars are collected via amount of money that can be saved by hospitals, other providers, and Medicare Ad- a 40-percent tax on sales by insurers of ‘‘Cad- implementing meaningful medical mal- vantage (thereby reducing the benefits of illac’’ policies, fees on health insurers, drug practice reform, such as is the case in 25% of seniors in Medicare). The 1997 Bal- companies, and device manufacturers. But anced Budget Act pursued this strategy and the economics are clear. These costs will be the State of Texas, that it doesn’t re- successive Congresses steadily unwound its passed on to consumers by either directly duce the costs as far as litigation is provisions. The very fact that this Congress raising insurance premiums or by fueling concerned? Not only that, but I don’t is pursuing an expensive new entitlement be- higher health care costs that inevitably lead believe it is calculated using the way lies the notion that members would be will- to higher premiums. they calculate costs: The incredible in- ing to cut existing ones. Mr. MCCAIN. Madam President, will crease in health care costs associated Most astounding of all is what this Con- the Senator yield for a question? with the practice of defensive medi- gress is willing to do to struggling middle- Mr. THUNE. I am happy to yield to cine, with doctors prescribing class families. The bill would impose nearly unneeded, unnecessary and, many $400 billion in new taxes and fees. Nearly 90% my colleague from Arizona. of that burden will be shouldered by those Mr. MCCAIN. It is my understanding times, because of the nature of the pro- making $200,000 or less. of the proposal that this reform will cedure, unwanted additional tests and It might not appear that way at first, be- begin to be implemented in what year? procedures because that physician is cause the dollars are collected via a 40% tax Mr. THUNE. I believe the answer to practicing what we call defensive medi- on sales by insurers of ‘‘Cadillac’’ policies, that question, I might state through cine, which is the fear of finding them- fees on health insurers, drug companies and the Chair, is 2013, 2014. selves in court; and not only because of device manufacturers, and an assortment of Mr. MCCAIN. 2013, 2014. But when do the increasing premiums for medical odds and ends. the taxes that would supposedly imple- But the economics are clear. These costs malpractice but also obviously the will be passed on to consumers by either di- ment this proposal kick in? time, the effort, the energy, including rectly raising insurance premiums, or by Mr. THUNE. The taxes, I would say damage to reputation that could ac- fueling higher health-care costs that inevi- to my colleague, again through the crue from a lawsuit brought against tably lead to higher premiums. Consumers Chair, kick in immediately. You get that physician. will pay the excise tax on high-cost plans. the revenues starting to come in right The ACTING PRESIDENT pro tem- The Joint Committee on Taxation indicates away. So the revenues are front-loaded, pore. The Senator from South Dakota that 87% of the burden would fall on Ameri- the costs of the program are back-load- is recognized. cans making less than $200,000, and more ed, so it understates and distorts what Mr. THUNE. Madam President, my than half on those earning under $100,000. understanding is that the Congres- Industry fees are even worse because this new proposal will cost. Democrats chose to make these fees non- Mr. MCCAIN. So we have 10 years’ sional Budget Office does not only con- 1 deductible. This means that insurance com- worth of tax increases to pay for 5 ⁄2 template the cost of litigation, it does panies will have to raise premiums signifi- years of the implementation of this so- not take into consideration the cost of cantly just to break even. American families called reform, and then what are the the practice of defensive medicine, will bear a burden even greater than the $130 implications in the future? which, as the Senator from Arizona billion in fees that the bill intends to collect. Mr. THUNE. Well, that is clearly the noted, is an enormous additional cost, According to my analysis, premiums will case. If you look at the 10-year cost of and many independent estimates sug- rise by as much as $200 billion over the next this, because the revenues—the tax in- gest $100 billion to $200 billion annu- 10 years and 90% will again fall on the mid- creases—are front-loaded, and we get ally. The CBO study only took into dle class. Senate Democrats are also erecting new to see basically 10 years of tax in- consideration government health care, barriers to middle-class ascent. A family of creases and only about 51⁄2 years of ac- so it didn’t include the private health four making $54,000 would pay $4,800 for tual implementation of the program, care delivery in this country. But health insurance, with the remainder coming what you have to do to get a full pic- many physicians, as the Senator noted, from subsidies. If they work harder and raise ture of what the cost of this program practice defensive medicine because their income to $66,000, their cost of insur- will be is take the fully implemented they are worried about being sued. All ance rises by $2,800. In other words, earning cost. When you take the fully imple- these duplicative tests and additional another $12,000 raises their bill by $2,800—a practices that are undertaken by doc- marginal tax rate of 23%. Double-digit in- mented cost, I would say to my col- creases in effective tax rates will have detri- league from Arizona, you are looking tors in this country to avoid the law- mental effects on the incentives of millions not at the $829 billion that was re- suit potential or the risk they incur of Americans. ported by the CBO; because of this dis- when they practice medicine adds sig- Why does it make sense to double down on tortion and this creation of a revenue nificantly—as I said, as independent es- the kinds of entitlements already in crisis, source before the actual costs kick in, timates suggest, to the tune of $100 bil- instead of passing medical malpractice re- you are looking at a $1.8 trillion new lion to $200 billion annually. form and allowing greater competition entitlement program fully imple- Mr. MCCAIN. Madam President, isn’t among insurers? Why should middle-class it absolutely incredible that in the families pay more than $2,000 on average, by mented over a 10-year period. my estimate, in taxes in the process? Mr. MCCAIN. I have one more ques- name of reducing health care costs, and Middle-class families have it tough tion for my colleague. Is there any pro- with the burden that rising health care enough. There is little reason to believe that vision in the legislation, as you have costs impose on every American fam- the pain of the current recession, housing seen it, that has any approach whatso- ily, that there should not be one provi- downturn, and financial crisis will quickly ever to medical malpractice reform or sion—one meaningful provision—for fade away—especially with the administra- medical liability reform which, in the medical liability reform, which is, in tion planning to triple the national debt over the judgment of any objective ob- the next decade. view of many experts, could be as much The promise of real reform remains. But as $100 billion to $200 billion a year? server—except maybe the trial law- the reality of the Democrats’ current effort Mr. THUNE. There is not. yers—something that must be imple- is starkly less benign. It will create a dan- Mr. MCCAIN. Isn’t that incredible? mented if you are going to have a seri- gerous new entitlement that will be paid for Mr. THUNE. I think it is incredible ous effort at reducing the cost of by the middle class and their children. because it is now validated by the Con- health care in America?

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24911 Mr. THUNE. Absolutely. I think that studies which came out yesterday—the I want to point out a couple of statis- in a moment of honesty Howard Dean Oliver Wyman study—said premiums tics before I conclude about how this recently said that the reason medical will increase in the individual market would impact people in South Dakota, malpractice reform is not included in approximately $1,500 for single cov- according to one of the studies. In the this legislation is because they didn’t erage and $3,300 for family coverage an- South Dakota market, the individual want to take on the trial lawyers. It nually. That is exclusive of inflation. market, if you are buying in that mar- seems to me that you cannot have a So the annual inflationary increases ket, you are going to see your pre- meaningful discussion about lowering we are seeing in medical expenses are miums go up by 47 percent. If you are health care costs in this country ab- not included in that estimate, but it is a family, it will go up by 50 percent; sent the inclusion of this issue—an im- $1,500 for an individual and $3,300 for a and if you are in the small group mar- portant issue—of the practice of defen- family annually, the increase in cost ket, you will see a 14-percent increase sive medicine, which is tied directly to for coverage. in premiums; and if you are an indi- medical malpractice lawsuits in this Small employers purchasing new vidual and for a family, it is 15 percent. country, and the desperate need we policies in the reform market are going My State of South Dakota isn’t going have for reform in that area. to experience premium increases that to fare very well when it comes to the Mr. MCCAIN. I thank my colleague. are up to 19 percent higher. This is in costs associated with this plan. I argue Mr. THUNE. Madam President, as year 5 of reform. The other study—the that most Americans, as they evaluate the Senator from Arizona noted, an im- PricewaterhouseCoopers study—which the personal impacts of this health portant component of the debate is the came out a couple days ago, also had care reform proposal, are going to give cost curve, which leads to higher pre- some statistics that were revealing. It it a thumbs down and, hopefully, we miums and health care costs both in illustrated, too, that these premium can go back to the drawing board and costs that are going to be borne by the government-held care—Medicare and address this in the way we should have American people will go up signifi- Medicaid—and in private health care in the first place, and that is step by cantly. So you have two independent delivery. step, not rushing to jam through this analyses that have been done in the Despite all of the promises the Presi- massive expansion, this $1.8 trillion last week, talking about how much dent has made to the contrary, there program, with higher taxes, higher pre- premiums are going to go up. We know isn’t anything in these bills to date, ac- miums, and cuts in Medicare. now, with the Joint Tax Committee’s cording to the CBO, that drives the I yield the floor. cost curve down. In fact, what we are assessment and CBO’s assessment, that The ACTING PRESIDENT pro tem- looking at is higher health care costs taxes will go up. We have said how the pore. The Senator from Arizona is rec- impact of that is going to fall. If you attributable to many of the provisions ognized. look at the biggest impact of the tax in these bills. It is interesting to know, Mr. MCCAIN. Madam President, I because during the hearing, the Direc- increases, families earning 150 percent congratulate the Senator from South tor of CBO, Doug Elmendorf—and ear- of the Federal poverty line, $32,200, will Dakota on a very important statement. face an effective marginal tax rate of lier I mentioned Douglas Holtz-Eakin, I see the Senator from New Hampshire 59 percent. And 89 percent, according to a former CBO Director, but the current and others on the floor waiting to the CBO, of the tax increases will fall Director has repeatedly admitted that speak on this issue. I will be brief. he did not have the opportunity to find on earners making less than $200,000 a As the majority leader begins discus- year. Fifty percent would fall on those answers to some of the important ques- sions behind closed doors to create the making less than $100,000 a year. tions in this debate. CBO told us in- Senate bill that he is going to bring to You have average Americans out creased taxes will be passed on in the there trying to cope with the cost of the floor, I think it is important for form of higher premiums, general dol- health care, along with the cost of ev- the American people to understand the lar for dollar. When he was asked if erything else, who are going to be hit impact these policies will have on the CBO calculated how much insurance with higher taxes and premiums, and cost of health insurance premiums, tax premiums will rise for Americans who our senior population will be hit with rates, and our economy for generations already have coverage, he said no. higher Medicare premiums because to come. When he was asked whether they cal- Medicare will be cut, and it is going to I think we should understand the culated whether total spending on impact the Medicare Advantage Pro- smoke and mirrors used to make the health care would go up or down, he gram, and it will impact providers Democrat proposal appear to improve said no. When he was asked if they cal- across this country. the budget over the next 10 years. The culated how the bill would affect ac- What we know for certain about this following taxes start next year. If you cess to health care, he said no. Because bill is that it is going to spend $1.8 tril- have insurance, $201 billion is raised in of the way the bill has so many holes lion, when fully implemented over a 10- excise taxes on health plans. If you and no real legislative language, and year timeframe; it is going to leave 25 don’t buy a plan, or you buy one that the way it has been rushed through, million people without coverage; it is the government doesn’t think is good there has simply not been time, evi- going to raise premiums for people in enough, the concept proposal raises $4 dently, for CBO to look at this and to this country; it is going to raise taxes billion in fines on the uninsured. If you know for certain what some of the im- on people in this country, particularly are an employer who today cannot af- pact will be. I have to ask, would those who make under $100,000 a year— ford to provide health insurance to Americans buy a health care plan with- half of the tax burden will fall on them, your employees, which is the case with out knowing how much it costs? Does according to the CBO and the Joint small business, the ones hurting the anybody in this country look at buying Committee on Taxation. That is what most—not Goldman Sachs or a plan without knowing its cost? That we are looking at with this legislation. JPMorgan but the small businesses— is exactly what the Democrats are As much as is talked about in health the concept proposal raises $23 billion doing with this bill—buying a national care reform and covering more people in employer penalties and contribu- health care plan without any idea and lowering costs, at the end of the tions. If you use medical devices, such about how much it is going to cost the day we are looking at higher pre- as hearing aids or artificial hearts, the Nation or individual taxpayers. miums, higher taxes, and cuts in Medi- concept proposal raises taxes by $38 bil- We do know that the plan is going to care. That is the bottom line. That is lion on medical device manufacturers. bring us higher taxes, higher pre- why we, as Republicans, are looking for Who will pay for that in the long run? miums, and cuts in Medicare. I think real solutions that bend the cost curve The user. If you take prescription that is a fair assessment. Two studies down. As the Senator from Arizona drugs, the concept proposal raises $22 last week—independent analyses— noted, one of those solutions certainly billion in new taxes on medicines. verified that premiums are going to go would be throwing into this mix the The Congressional Budget Office esti- up. I will point out that one of those issue of medical malpractice reform. mates that Americans will face higher

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24912 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 health insurance premiums, while I yield the floor. to college, their ability to just live the waiting 4 years for the reform proposal The ACTING PRESIDENT pro tem- quality of lifestyle our generation has to begin. This gimmickry is incredible. pore. The Senator from New Hampshire had is going to be fundamentally The President and Senate Democrats is recognized. harmed by this administration’s deci- claim the proposal is under $1 trillion Mr. GREGG. Madam President, I con- sions to spend today as if there is no and slightly reduces the deficit over 10 gratulate the Senator from Arizona tomorrow or to spend today and pass years. That is a joke—ten years of and the Senator from South Dakota for the bills on to tomorrow. It is a true taxes but only 51⁄2 years of implementa- framing this debate on health care affront to the traditions of this coun- tion. To get the true 10-year cost of im- with very specific and excellent points. try. plementation, you should look at the The simple fact is that the cost of Let me quote from Thomas Jefferson 10 years beginning in 2013. Using the this program is grossly understated, because Thomas Jefferson is deemed to CBO numbers, we are told that the pro- but the cost is extraordinary, even be the founder of the Democratic posal spends $1.8 trillion. That is the when understated—almost a trillion Party. Thomas Jefferson got a lot of real cost of this proposal. dollars. The real cost is $1.8 trillion, things right, of course. He wrote the You might be justified in wondering when it is fully phased in. In fact, if Declaration of Independence, the most what Americans get for that $1.8 tril- you include in it the doctor fix, which brilliant document in the history of lion. The answer is more government, was taken off the table so the cost mankind stating freedoms to which we with 13 million more people placed into would look better, which is $200 billion- subscribe. He played a major role in de- the failed Medicaid Program. Medicaid plus, the cost of this proposal, when fining our Nation and what makes our is a program that is busting the Fed- fully phased in, is over $2 trillion over Nation special. eral budget and State budgets all over a 10-year period. He said this about debt. This was a America. Medicaid is a program that And the offsets that are going to be letter to John Taylor in 1816: fails in patients having access to physi- used to pay for this? Their plan is basi- I sincerely believe . . . that the principle of cians. Forty percent of doctors will not cally to cut Medicare Advantage, spending money to be paid by posterity see Medicaid patients. Medicaid is a eliminate that program for seniors—a under the name of funding is but swindling program that fails in health outcomes lot of seniors like Medicare Advan- futurity on a large scale. for low-income Americans. We are not tage—and try to save about $400 billion That is a pretty strong word, ‘‘swin- going to give low-income Americans doing that and take that money and dling,’’ used by the founder of the more options for better health cov- create a brand new entitlement to ben- Democratic Party relative to the use of erage; we are just giving them the sta- efit people who do not have insurance debt. tus quo. or people who do not have enough in- Then he wrote to William Plumer, It is bad enough that the proposal surance, as defined by this bill. In addi- who, coincidentally, was the Governor massively increases government regu- tion, they will raise taxes and raise of New Hampshire, in a letter. He said: lation of health care and insurance, fees. Most of the fees will be coming in I, however, place economy among the first massively expands the government- from the hospital associations, the doc- and most important republican virtues, and sponsored Medicaid Program—which tors, the drug companies, and the in- public debt as the greatest of the dangers to the States cannot afford to pay for, as surers, all of which will be passed be feared. we all know—massively cuts Medicare through, of course, to consumers in the The proposals which are coming out and drives up insurance premiums in form of higher premiums or higher of this administration do swindle our the process. But the proposal ignores costs. Again, it is going to be the con- children’s future, just as Thomas Jef- what Americans want: less govern- sumers of America, Middle America, ferson said. To run debts of this size, to ment, less taxes, more freedom, and the people who use health care in this run deficits of this size, to put in place more choices. country, who are going to pay the cost. a program that is going to cost almost The concept paper in the Senate Fi- It is a huge gap even between the $2 trillion when it is fully implemented nance Committee—it is not even a stated amount that is going to be is basically to guarantee that this Na- bill—slams Americans with an entitle- raised in this bill, and the real expendi- tion is going to have such a burden of ment program that will grow faster, ture in this bill. And that gap goes di- government that we will be unable to according to the CBO, than the econ- rectly onto the debt of our children— sustain our government in the form it omy, while at the same time dramati- the debt of this country, which has to is today. cally increasing the tax burden on all be paid for by our children. What does that lead to when you run Americans. This is in the context of an adminis- up those types of deficits and debt, Let’s restate the obvious about the tration which has exploded the size of when you run up that type of spending? Senate Finance Committee concept government in the first 10 months of It leads to two options: Our children proposal. As the majority leader con- its term—exploded the size of govern- are either going to inherit a nation ducts his closed-door process to create ment. They have proposed a budget where we have to devalue the dollar, the Senate bill he will bring to the which over the next 10 years will run and basically create a situation where floor, it is important for the American on the average $1 trillion of deficit everybody’s savings and everybody’s people to understand what impact every year, which will take the Federal net worth is dramatically impacted by these policies will have on the cost of debt from about 41 percent of gross do- lessening the value of that through in- health insurance premiums, on tax mestic product up to 80 percent of flation or, alternatively, you are going rates, and on our economy for genera- gross domestic product, which will to have to dramatically increase the tions to come. take Federal spending from about 20 tax burden of this country to a point I have seen recent information that percent of gross domestic product up to where you will undermine the funda- the Medicare Part D Program, which is about 25 percent of gross domestic mental productivity of our Nation and touted as a success—which I voted product. put job creation and the capacity to against because it wasn’t paid for—is What do all those numbers mean? have prosperity through job creation at now having—guess what—increased They mean quite simply that our chil- risk because the tax burden will be- costs. The problem is that we are not dren are going to be passed a country come so high. addressing the fundamental problems which will have so much debt and such In fact, it was pointed out, studies that cause a dramatic increase in a large government that it simply can- have shown that the tax burden will go health care costs in America. In fact, not afford it; that the quality of life of up to 59 percent of income under some we are continuing a process that we our children, as they move into their of the proposals that are pending just have done, which is new entitlement earning years, is going to be fundamen- on this bill, to say nothing of when you programs, without ways to pay for tally undermined—their ability to buy start totaling up all the other bills, all them. a home, their ability to send their kids the spending that will occur. Even

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24913 today, the administration announced attempt to basically take over the en- ty good point. When a bill is brought they want to spend $14.5 billion more tire system. forward on this floor which alleges to without offsetting it in any way to Let’s not play any more games be fiscally responsible and it claims it fund an interest group they feel needs around here. What is this about? This meets the obligation, it meets its to be funded. is about creating a system, putting in costs, but it understates the costs by This raises the fundamental ques- place an alleged comprehensive reform, almost $1.2 trillion and overstates how tion: Why do you proceed in this way? the purpose of which is to drive private much it is going to generate in reve- Why would you create a program that activity out of the market because nues and you don’t get these Medicare is going to have such a devastating im- there are a lot of people on the other cuts unless—I have never seen Medi- pact on the economic future of our Na- side of the aisle who believe profit is care reductions occur in this Congress. tion? You do it because it gets you bad and the marketplace does not work Then basically you are loading up the votes in the next election, I guess. I in health care, and that we should debt of our children. It is that simple. guess that is why you do it. move towards a single-payer system. That is the inevitable response of this Certainly there are ways to reform That is what this is about. Raise pre- piece of legislation, that the debt will health care, to improve health care miums to a level where employers will expand. that do not require this massive expan- be forced to drop their insurance and As Thomas Jefferson said, he be- sion in the size of government. There push people into what is called this ex- lieved in ‘‘the principle of spending are a lot of ways to do that. Let me change. There will be a public plan in money to be paid by posterity under give a few. the exchange when it comes from the the name of funding is but swindling For example, we could focus on the conference committee, should it get futurity on a large scale.’’ And this chronic diseases which are the drivers that far—hopefully it will not but if it may be the largest scale of swindling of health care costs in this country, does—and then basically push every- that has ever occurred in America’s diseases such as obesity and Alz- body into the public plan and create an history. heimer’s. We could try to get those atmosphere where the playing field is I yield the floor. under control. That would help control so tilted against any sort of private ac- The PRESIDING OFFICER (Mr. costs. tivity that people who have their in- KIRK). The Senator’s time has expired. We could give employers the incen- surance today will lose it and you will The Senator from Colorado. tive through monetary payments—ac- have to choose a public plan, for all in- f tual cash—to say to their employees: tents and purposes. That will be your Listen, if you go out and live a healthy choice 4 or 5 years from now. HEALTH CARE REFORM lifestyle, we will give a reward in cash. The effect of that, of course, of mov- Mr. BENNET. Mr. President, I am If you stop smoking, if you get yourself ing toward a single-payer system, pleased to be here today, as we were into a workout situation where you which is the stated goal of many of my last week and the week before that, drop weight, if you take tests such as colleagues on the other side and a ma- with other freshman colleagues to talk having a colonoscopy, if you have a jority of the people in the House of about the need for health care reform mammogram, we are going to reward Representatives, the effect of moving in this Congress. Today, what we want you with money. That is a step which to a single-payer system or a national- to focus on is the effect of health care would significantly improve health ized system is very destructive to our reform on small business. care delivery and costs in this country. health care generally. Primarily, it When I am in Colorado, what we al- We can say to the delivery systems: means people will end up with delays. ways start with is a conversation about Listen, rather than doing a lot of quan- There will be price controls put in what problem is it we are trying to tity for the purposes of generating rev- place relative to certain types of medi- solve. When it comes to small busi- enue, why don’t you do a little quality cines you can receive. Innovation will nesses, they are the biggest losers in with value tied to it? There are health be stifled because people will not be the current health care system we have care delivery systems in this country able to invest money and get a reason- today and, by extension, the people today which accomplish that. Roch- able return, especially in the area of who work for small businesses. ester, MN; Salt Lake City, UT; Pitts- development of new pharmaceuticals Today in my State, small business burgh, PA—there are a whole series of and new biologics, which are so critical pays 18 percent more to cover their em- these centers which have shown you to the health care system today. We ployees than large business does. Some can deliver better quality at lower will have people standing in line. We people say to me: Michael, that is obvi- costs if you are intelligent about it and will have people basically being subject ously because they have a smaller pool reduce overutilization. to delays. We will have people, I abso- of people; it is harder to spread the We could, as was discussed at length lutely guarantee you, finding their risk. And that is true, but from a busi- by the Senator from South Dakota and health care rationed depending on their ness perspective, that is ridiculous. the Senator from Arizona, do some- age, as occurs in England under its sys- From a small business perspective, if thing about abusive lawsuits. The sim- tem. And we will simply see a signifi- you are going to spend 18 percent more ple fact is, abusive lawsuits are driving cant lessening of innovation and, most on something, you ought to expect to huge costs in the health care system. important, people will not have get 18 percent more productivity out of Thirty percent of health care is deemed choices. You will basically be forced off your company or you ought to at least to be defensive medicine. There is no the private system into a public sys- expect to get 18 percent better cov- reason doctors should have to give tem. erage for your employees. Of course, tests they don’t believe they have to This is the ultimate goal here—not every small business owner in this give, but they have to give in order to stated but clearly intended of what is country knows the reverse is true— defend themselves from lawsuits. Those going to happen if you move toward a coverage is worse, deductibles are high- are foolish and expensive. Madam system as has been outlined at least in er. It is just an illustration of how President, $54 billion is the cost esti- the Kennedy-Dodd bill, as it came out challenging the status quo is for small mate from CBO of savings just from of the HELP Committee and is now businesses that, after all, employ most that one item, and that is an under- somewhere in this building—we don’t of the people in our economy and are stated cost because it doesn’t, as was know where—being merged into a new going to be responsible for carrying us pointed out, calculate the defensive piece of legislation with the Finance out of this recession. medicine side. Committee bill. So when Thomas Jef- One can see on this chart the ex- Those are a few good ideas, but there ferson makes this point that you traordinary effect this has had on my are a lot more good ideas. It can be should not swindle the next generation State. Even before this current reces- done on a step-by-step approach which by radically expanding your debt, we sion, we saw a huge drop in the number gives us better health care without this should live by that because it is a pret- of people who were getting coverage at

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24914 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 work and many fewer small businesses. That is money that can be put into ought to be embarrassed. They know Now we are almost at 40 percent—I wages. In fact, the estimates are that the opposite is true—that more Ameri- guarantee that number is well below 40 of those savings, what we will see is cans will have access to more health percent today after this recession has small businesses being able to increase care when reforms are finally adopted. occurred. Even fewer smaller busi- wages for their employees by almost Rationing is not some roadblock nesses are able to offer their employees $300 billion by the end of this period of waiting down the road for the vast ma- coverage, which is heartbreaking for time. jority of Americans, it is what is hap- small business owners all over my So today we are here to talk about pening right now. Let’s use my State State and all over the other States rep- why reform is important for small as an example—a State where 52 per- resented here today. Many of these business. We are at a very perilous mo- cent of the folks employed are from businesses are family-owned busi- ment in our economy for small busi- small businesses. When I came into the nesses. The businesses feel like a fam- nesses that do not have access to the Senate at the start of this year, the ily. People feel responsibility and care credit they need to help get us where Census Bureau said 123,000 Alaskans for one another and take responsibility we need to be. They are facing an in- were uninsured. But new data came out for, among other things, health care. credible credit crunch out there, which last month—just a few months after But they are not able to do it anymore. is making it hard for them to hire the earlier statistic—and that number They are making very tough choices as again, which is driving up our unem- is up to 133,000. In other words, 10,000 a result. ployment rate. Over the medium and more Alaskans have been rationed out By the way, one of the choices they long term, what is critical to the suc- of their coverage. Insurance companies are making is to not raise wages. Me- cess of our small businesses is that we no longer cover them. dian family income in Colorado went reform our health care system, we Unable to pay the skyrocketing in- surance premiums, or maybe their em- down by $800 over the last 10 years, and make it more transparent, we make it ployers can no longer afford it—as laid in the country it went down over $300 more efficient, we make coverage more out so well by the Senator from Colo- in the same period, while in my State available to small businesses and to rado—people and businesses are strug- health insurance premiums went up by the millions of Americans who are em- gling to make sure they can afford 90 percent. Small businesspeople say to ployed by small businesses in their their insurance premiums for their em- me that those things are directly re- communities. ployees or they are rationed out of the lated to each other. In other words, We are going to go through a series system because they have switched people have to make a choice between of colleagues today from the freshman jobs. Then, when they apply for new in- covering their employees and paying class, as we did last week and the week surance, they are disqualified because them a living wage, and more often before, and I will now yield the floor of a preexisting condition or perhaps than not they are having to choose to for the Senator from Alaska to give his the annual cap on how much their in- compress wages just because of the perspective on why, as a former small surance company will pay is so low businessperson himself, health care re- skyrocketing costs of health insurance. people get sick and hit their limit Health care reform done right is form is so critical to keeping our small early. From that point on, they can’t going to make an enormous difference businesses competitive. afford to see a doctor for the rest of the for small businesses and for the people The PRESIDING OFFICER. The Sen- year or ensure their coverage or their employed by small businesses. It will ator from Alaska. quality of care is maintained. This is lower premiums and the cost of health Mr. BEGICH. Mr. President, I thank another form of rationing, and it is insurance coverage; provide tax credits the Senator from Colorado for his pres- real. for small businesses that provide entation, especially on small busi- By one estimate, 14,000 Americans health insurance—that do the right nesses and the impact health care re- lose their health insurance every day. thing; exempt most small businesses form will have on them. The Senator These are friends and neighbors and from employer responsibility require- from Colorado has done a great lay of loved ones and it is inexcusable. Maybe ments; subsidize health insurance for the land on the impact to small busi- the reasoning for rationing is even employees in small businesses that do ness, and I wish to step it up and talk more outrageous—the cases where in- not provide health insurance; increase about what I heard as I sat here and surance companies revoke coverage by entrepreneurship to expand the pool of listened to several of my colleagues on a process of rescission. Unfortunately, workers available to small businesses; the other side, the Republicans, talk- that is very real. A report by the House and eliminate job lock. Job lock means ing about what is going to happen if we Ways and Means Committee says insur- having to stay in a job because you are don’t do something or if we do health ance companies saved themselves $300 so scared of losing your insurance. care reform. In that regard, I wish to million over 5 years through this prac- The estimate is that the administra- talk about at least one myth that I tice of rescission. tive costs for small businesses, when it hear over and over from the other side So, again, let’s put the word ‘‘ration- comes to health care insurance, will that will impact not only small busi- ing’’ in proper context. It is the status drop by over 50 percent. Most small ness but impact everybody. quo, and the insurance industry is businesspeople I know, who are skep- I am pleased to join my fellow col- making lots of money because of it. tical sometimes of the reform we are leagues and talk about the importance Let’s talk about what will change talking about, will tell me this admin- of health insurance reform in general, when we pass health insurance reform. istrative burden is extraordinary for but the myth I wish to talk about As you can see on the chart, reform them today. Today, it is a paper-and- today, which I have heard stated over will easily take care of many of the pencil system of trying to root out and and over, involves scare tactics and, in issues Americans face: Tell insurance sort out the health insurance market particular, a word which I think be- companies they can no longer deny for their employees. Tomorrow, what longs in the soup lines of the Great De- coverage because of preexisting condi- we are going to have is an exchange pression—‘‘rationing.’’ Opponents of tions; stop them from setting low an- where people can easily compare health insurance reform have resur- nual or lifetime caps and refusing to prices, compare coverage, and get the rected the word to suggest that Ameri- pay the care after that; reform will best deal for their employees, not to cans will get less care when reform leg- offer Americans more choices by cre- mention the fact they are going to be islation passes. ating health insurance exchanges—as able to pool their purchasing power and Is there anything more cynical than so well described by the Senator from drive down cost as a result. telling Americans their health care Colorado. As I like to call it, it is The estimates are, small business will be rationed because of reform; that health insurance Expedia. As we do will save billions of dollars over the they will lose or get less care when with travel, we can do with health in- course of this reform—$432 billion by Congress and the President finally take surance. It will require insurance com- 2013, $855 billion just 9 years from now. action? Defenders of the status quo panies and Medicare to pay for more

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24915 preventive care so people can have reg- insurance through their jobs can reform will end arbitrary annual and ular checkups and screenings. This change jobs and lose that coverage. lifetime limits to make sure Americans means we can recognize and even pre- They could get dropped from their in- get the care they need when they need vent oncoming chronic illness. Of surance because they become sick or it, not having to delay care to the next course, this is better for the patient, injured or they could find that their in- year in order to benefit from a new an- and it saves us money. surance has lifetime or annual limits nual ceiling. Let me say it again: The scare tactic that block them from obtaining the In conclusion: The myth is that of so-called health care rationing is medical care they need if they do be- health care reform is simply about ex- just that, a tactic trotted out by those come injured or ill. We want to make tending coverage. The truth is this: Re- who want to kill reform. The truth is, health care insurance more stable and form will mean better, fairer, and more health insurance reform will give secure for those who have it, and that affordable coverage for the millions of Americans more—more people have is what health care reform will do. Americans who already have insurance. more access to more health care. First, health care reform will make Mr. President, I yield the floor. Mr. President, I yield the floor. insurance portable. If you lose your Mr. BENNET. Mr. President, I wish Mr. BENNET. Mr. President, I thank job, you often lose your coverage. That to thank the Senator from Oregon for the Senator from Alaska, and I think is a terrible double whammy for Amer- pointing out the incredible lack of sta- he raises such an important point be- ican families. Health care reform will bility that exists in the system today. cause so much of the debate has been make sure your coverage goes with you The bankruptcy numbers are unbeliev- about dividing one set of Americans if you lose your job or if you choose to able. In my State, I think roughly 62 from another set of Americans. Health take on a new career. percent of all bankruptcies are caused care reform is something that needs to Second, health care reform will end by health care issues. Of those health- be of concern to 300 million Ameri- dumping—the terrible practice of in- care-related bankruptcies, 78 percent, cans—if you are concerned about the surance companies canceling policies nearly 80 percent of them, are bank- double-digit increases every year of when those citizens become seriously ruptcies involving people who actually your premiums; if you are concerned ill. That is wrong. What kind of health were covered by insurance. We are not about spending almost 20 percent of care system is it when you pay insur- getting done the job that needs to get our GDP on health care, when every ance premiums for 15 years and then done. That is why we are here today to other industrialized country in the your child or your spouse or perhaps talk about these issues. world is spending less than half that; yourself becomes seriously ill and you I am going to call on the Senator concerned, as the other side is and this get a letter from your insurance com- from Virginia to talk a little bit about side is, with the fiscal condition of our pany saying they are canceling your how, under the current system, we pay government, when we know the biggest insurance? That is not health insur- for the uninsured in our country today, drivers of our medium-term deficits are ance. That is a scam. Health care re- but we do it in the most inefficient way rising Medicare and Medicaid costs, form will end that scam in America. possible. Just one fact from my State: and the biggest drivers of those are Finally, health care reform will get We have a public hospital in Denver health care costs. We are all in this to- rid of annual or lifetime limits that called Denver Health. It is an incred- gether. drive people into bankruptcy, even ibly well-run hospital, run by a person It is a great pleasure for me to turn when they have coverage. Here is an named Dr. Patty Gabow. She told me now to the Senator from Oregon, who example from my home State of Or- they did a study a couple of years ago will talk about the fact that this isn’t egon. that showed they spent, in 1 year, $180 just about trying to cover one small Alaya Wyndham-Price lives in million for uncompensated care for group of Americans, it is about all 300 Oswego. She had insurance through her people employed by small businesses million Americans in this country. previous job as an event planner and is who could not get insurance at work. The PRESIDING OFFICER. The Sen- currently on COBRA. Six months ago, I will yield for the Senator from Vir- ator from Oregon. Alaya developed a tumor the size of a ginia. Mr. MERKLEY. Mr. President, I am golf ball just below her brain, and she The PRESIDING OFFICER. The Sen- delighted to join my colleagues from has had numerous tests performed by a ator from Virginia is recognized. Colorado and Alaska to tackle some of neurologist to determine the best Mr. WARNER. Mr. President, first of the myths being printed about health course of treatment. Her insurance all, I thank my colleague, the Senator care reform. It is startling to stand on caps treatment costs at $20,000 annu- from Colorado, for organizing this ef- the floor and hear increasingly shrill ally, and she has already approached fort today and leading freshmen Sen- presentations from those who wish to $30,000 of expenses with the diagnostic ators this week as we, once again, defend the status quo broken system of tests over the last few months. come down to the floor, as some of the health care in America. I wonder to Through COBRA, Alaya’s insurance folks who are newest to the Senate, myself, do they not hear what I hear will renew in January, but the surgery most recently hired in most cases, to from my constituents about the chal- to remove her tumor will cost about talk about the need for health care re- lenges they encounter each and every $50,000—or $30,000 over the amount her form. I particularly thank my col- day if they do not have insurance; who insurance will pay in 2010. So she is league, the Senator from Colorado, for are worried about getting sick or, if trying to work as much as possible— raising the very important issue of the they have insurance, are worried about doing freelance writing, taking on cost of health care to small businesses. losing that insurance; worried about projects—but on many days is too ill to The remarkable thing about small the problems and challenges faced with do much of anything. She is scheduled businesses is they are basically the utilizing that insurance? to see a doctor again soon to have an only people who pay retail for their I rise to talk about one of the most expensive MRI test in November, but health care costs in America today. prevalent myths—that health care re- with every single medical visit she Those who have Medicare, those who form is only about expanding access to goes deeper into debt. have Medicaid, large employers—they those who don’t have health insurance. This is not right, but it is common. all can leverage their purchasing Because here is the truth: Health care More than half of bankruptcies in power. But small businesses are the reform is about improving health care America are due to medical bills and in folks who take it on the chin, and I am for those who already have insurance. more than half of those situations grateful for my colleague’s comments Those with insurance in the United where medical bills drive people into today, describing how health care re- States live in a precarious state. Their bankruptcy, the individuals had health form can benefit small businesses. rates often go up by double-digit in- insurance. No American should be driv- My colleagues, the Senator from creases every year, so affordability is en into bankruptcy because he or she Alaska and the Senator from Oregon, hanging by a thread. Those who have becomes sick or injured. Health care have also pointed out some other

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24916 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 myths, as the Senator from Colorado bers we are trying to deal with right business, about $3,000 to $4,000 more per indicated. The one I am going to take now, literally triple that number, employee because we have so much on today, because we hear a lot from about 87 million Americans during a higher health care costs than any of our friends on the other side of the year, at one point or another, through our competitors around the rest of the aisle about the problems with reform, either being unemployed for a while or world. We cannot maintain that com- and sometimes they do actually dispel moving off one plan to another, go petitive disadvantage in a global econ- some of these myths—but one of the through some period of being uninsured omy. myths I have dealt with for 18 years, as and uncovered. The time is now. There are ways we somebody who founded the Virginia On top of that 87 million, we also can continue to improve these bills. We Health Care Foundation in the early have the problem of literally tens of are looking forward to the melding of 1990s, is, how do we deal with the unin- millions of people who are stuck in the Finance bill and HELP bill, and I sured? Yes, part of our health care re- dead-end jobs, who want to change know myself and some of my fellow form is about extending coverage to jobs, who want to become more produc- freshmen colleagues will have some the uninsured. There will be some addi- tive, but they are afraid to make that ideas about how we can improve pro- tional cost to do that, but I think it is change because of concerns over losing grams even in that package. very important to recognize that under their health care coverage. If we can I thank my colleague from Colorado our current system, right now we pay provide the kind of health care reform for his leadership on this issue, and I for the uninsured. We pay for the unin- we are talking about, if we can provide look forward to working with not only sured through uncompensated care, as the kind of coverage we are talking my freshmen colleagues but all col- my colleague from Colorado men- about, those kinds of problems will go leagues on this side of the aisle, and tioned. We pay for the uninsured in away. We will become a more effective hopefully those on the other side, to higher health insurance premiums for and cost-effective society. make sure we do get health care reform all of us who buy private insurance. We I know we have other colleagues who this year. pay for the uninsured, candidly, in want to speak, and I want to come I yield my time. higher costs to our Medicare and Med- back to where we started, at least the Mr. BENNET. I thank the Senator icaid system. freshmen did a few weeks back, and from Virginia. I particularly, on behalf Our uninsured end up on the emer- why some of our colleagues on the of all the colleagues here today, thank gency room doorsteps, oftentimes re- other side who seem to be this ‘‘caucus him for his leadership over the last ceiving care in the most inefficient of no,’’ who seem to say: Let’s take couple of months on the question of way possible and oftentimes without more time, let’s put it off, let’s wait a personal responsibility: how do we good quality care. little bit longer before we take on incentivize people to make sure they We have seen, on average, 8 percent health care reform—why that policy are doing a better job to take care of of families’ 2009 health care pre- choice is so wrong. themselves; how do we work with some miums—about $1,000 a year for all of us If we do nothing, if we choose not to of the corporations in this country who purchase private health insur- act this year, our current health care that have done an extraordinary job of ance—we pay in effect a $1,000-a-year system is financially unsustainable. If lowering health care costs by tax to compensate and pay for the cost we do nothing, Medicare, under the incentivizing folks to take personal re- of the uninsured. current projections, will go bankrupt sponsibility for their health care. I As my colleague mentioned, and I in 2017. Many of us on this side of the have enjoyed working on those issues know from my experience in Virginia aisle share the concerns of some of our with him and look forward to con- 18 years ago, we started this Virginia colleagues on the other side of the aisle tinuing to work on it. Health Care Foundation to deal with about the exploding deficit our Nation Next, we have the Senator from New how we could provide health care cov- faces. The largest single driver of our Mexico who is here to talk about an- erage for the uninsured. We saw folks Federal deficit is not the stimulus pro- other myth, which is the idea that our ending up, as I mentioned, on hospital gram, it is not the TARP program, it is health care system always works well doorsteps. We saw folks waiting too not some of the other things we debate for everybody. long before they could access the back and forth, it is the rising cost of We have great things in our health health care system. Oftentimes, if they health care that we pay for with Fed- care system. We have some of the best had a chronic disease and then waited eral dollars in Medicare, Medicaid, and health care technology in the world. to get that health care coverage, the the VA. We have some of the greatest treat- cost of covering that person was not If we do nothing, our deficit and ments in the world. If you are going to only much higher—obviously, the per- those health care costs will continue to get sick, a place you want to get sick, son has to deal with a much more seri- explode, undermining the dollar, un- depending on what you have, is the ous illness—but they too ended up in dermining our ability for economic re- United States. But we are not perfect the emergency room, which is an inef- covery. If we do nothing, an average by any stretch of the imagination, and ficient delivery mechanism. family in Virginia—and I would argue the Senator from New Mexico is going If we are going to truly start to bring probably an average family in the to comment on that. down the cost of insurance, if we are State of Colorado—will see literally 40 The PRESIDING OFFICER. The Sen- going to do the right thing in giving percent of their disposable income go ator from New Mexico is recognized. the uninsured in this country a chance to paying their health insurance pre- Mr. UDALL of New Mexico. Mr. to receive a medical home and make miums within the next decade. Those President, it is good to see our Pre- sure they access health care through a costs are unaffordable and siding Officer, the new Senator from more affordable and more long term, unsustainable. Massachusetts, here, who has joined us healthier way, we must pass health Finally, as a former business guy and within the last couple of weeks, Mr. care reform this year. somebody who believes, as my col- PAUL KIRK. A lot of numbers have been bandied league from Denver does, that the Today we are talking about myths, about concerning what kind of ex- heart of what keeps our economy grow- inaccuracies, deliberate exaggerations, tended coverage we are talking about ing is the business community, and and outright lies that have abounded in this health care reform. There have particularly the small business com- over the months we have been debating been arguments that we are talking munity, if we can’t lower our health health care reform. Some have been about covering 30 million additional care costs, then American business will dreamed up by those who stubbornly people. I believe the Senate Finance not be competitive in the global econ- cling to the status quo. Others reflect bill covers 25, 26 million. One of the omy. No matter how productive Amer- fears lying just beneath the surface. things that is often absent from this ican workers are, America builds into If we step back, it is easy to see these debate is that while these are the num- our cost structure, for almost every scare tactics for the lies they are, but

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24917 for Americans who will be most im- ridding the system of waste, by in- Let’s examine the facts: 45,000 Ameri- pacted by this reform, it may be dif- creasing our investment in prevention, cans die each and every year because ficult to separate fact from fiction. The by helping small businesses afford in- they do not have health insurance and myth I would like to talk about today surance for their employees, and by cannot get quality care. That is 1 death is a bit different from the others being covering more individuals whose only every 12 minutes. Clearly, the system discussed by my colleagues. It is a medical option right now is expensive is broken. The time for action is long myth that existed long before the cur- emergency room visits. past. I believe we need to restore rent debate but is being used in a new The status quo is unsustainable, but choice and accountability to the health way by people fighting this reform. that is what reform opponents are hop- care system. The only way to accom- They are using it as a weapon against ing to continue with, myths like those plish this is with a public option. It change. It is a myth we have all heard we are discussing today. America has would increase the availability of care. about. It is the myth that reform is not the potential, the talent, the tech- It would help fight the disparities that necessary because we have the greatest nology to achieve the best health care plague our current system. health care system in the world. outcomes in the world. Whether we At the moment, people of color rep- What makes this myth different from reach that goal depends on the actions resent half of the Nation’s uninsured, the others is that parts of it are abso- we take now. even though they make up only a third lutely true. Americans are blessed with I yield the floor. of the total population. A low-cost pub- some of the best doctors and nurses Mr. BENNET. Mr. President, I thank lic option would meet the needs of and health care professionals in the the Senator from New Mexico, and I these who are at a disadvantage, re- world, hard-working men and women am reminded of the trips I made gardless of background or skin color. who have dedicated their lives to the around my State during recess when The public option would restore com- health and healing of others but often everybody settled down and we could petition to a market that is currently work in difficult situations. actually get into a conversation about monopolized by only a few corpora- Our technology is unmatched. Our how well the status quo was working tions. Take my State. In the State of emergency care system is repeatedly for people. It took about 40 minutes Illinois, two companies dominate 69 into the meeting before people would cited as the best of the best, and we percent of the insurance market. That stand up and start to say: Let me tell rank highly regarding the levels of dig- is why their profits are growing four you my story about how I was laid off nity and respect with which patients times faster than wages. This is from a company or lost my insurance, are treated. But all these achieve- unsustainable. It is breaking America’s had a preexisting condition, couldn’t ments, as great as they are, do not add businesses and bankrupting American get new insurance and, therefore, can’t up to the best health care system in families. get the health care I need. the world for all Americans—not as We talked about businesses earlier. That is the kind of conversation we long as we are spending $2.4 trillion a My colleagues mentioned what this need to have about what we are facing. year on medical care but continue to I was left with the impression from will do for small businesses. We must make sure there are choices rank near the bottom when it comes to people in Colorado that while they for them to have an exchange where premature deaths from diseases such as don’t like the status quo, they are wor- small businesses can shop for their in- diabetes, stroke, and pneumonia; not ried that we are going to make it surance. If these companies have to when we spend twice as much of our worse. We can’t blame people for think- compete with a public plan, everyone’s GDP on health care as Japan and the ing that, as they watch what is on TV UK but have lower life expectancy at every night or on the Internet. Our ob- premiums will go down. It will bring birth; not when we rank last in infant ligation is to make sure as we go about competition in the marketplace. mortality among industrialized coun- through this legislative process, we de- If you like your current insurance pro- tries; and not when half of the personal liver something that builds on our viders, nothing will change except that bankruptcies in the United States are strengths, as the Senator said, but also you will save money, and you won’t related to medical bills. fills in gaps that are clearly present have to worry about losing coverage Right now in America, if people have and disrupting the lives of working when you need it. No government bu- the money, they have access to the families. reaucrat will alter your insurance plan, best health care money can buy. For I turn now to the Senator from Illi- your doctor, or the level of care you re- the vast majority of Americans, that nois to talk about the public option ceive. But if you can’t afford insurance access is not there. If a person is a and choice. It is apparent to me, as or your coverage has been denied due small business employee or laid off people have begun to see there might to a preexisting condition, you will be from a job or someone with a pre- be a requirement that they have insur- able to get quality care at an afford- existing condition, the ‘‘best health ance, what I am hearing from people is able rate. Just like any business, a not- care system in the world’’ is much they want more choices, not fewer. for-profit public insurance option harder to come by. When 80 million They don’t want to necessarily be would require initial capital to get off people are either uninsured or under- forced into a private insurance plan. the ground. But afterwards it would insured, there is no way a country can They want their family to have rely on the premium it collects to re- lay claim to that title. choices. Today the Senator from Illi- main self-sufficient. But there is something we can do nois will talk about the public option. The current system is a drain on about it. With this reform, we have the The PRESIDING OFFICER. The Sen- American taxpayers. The public option opportunity to build on the strengths ator from Illinois. would not be. The public option would of the U.S. health care system while Mr. BURRIS. Mr. President, to my complement private insurance pro- also addressing its weaknesses. Com- colleagues who are making this presen- viders, not drive them out of business. prehensive health reform will go a long tation on behalf of the people on health In fact, it will result in an increase of way toward remedying these and other care, it is my pleasure to join them and 1 to 3 million additional customers for inequalities and reducing the health speak briefly about what will take private companies. In other words, by care disparities between rich and poor, place if we do not pass, as part of insur- bringing all those persons into cov- the majority and minority. ance reform, a public option. When it erage, insurance companies will benefit The solution is not always spending comes to health care reform, we have when all these uninsured people will more money. Sometimes it is about all heard the myth that a public option now be covered. There will be no gov- making better use of the money we are would amount to a government take- ernment takeover, no death panels, no already spending. It is about finding over of the health care system. This is rationing, and no redtape between you ways to achieve better returns on our completely false and has no basis in and your doctor. investment. The reforms we are pro- the legislation under consideration by It is time to reject these myths and posing would allow us to do that by the Senate. to take decisive action. The only way

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24918 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 to achieve meaningful health care re- We cannot afford to wait for reform years and major reductions over the form and bring costs down is through a because the status quo is absolutely, long term. We will not be able to get public option that creates real com- positively unsustainable. the major reductions we need to sus- petition in the system. Medical costs account for one-sixth tain the budget and sustain the Gov- Let it be clear to all of my colleagues of domestic spending and are headed ernment if we don’t do these things in this august body: I will not vote for upward. They are handcuffing families now which will only begin to benefit us any health care bill that does not in- and workers, strangling Federal and in the long term. For this reason we clude a public option. State Governments. In 2000, the aver- cannot afford to wait for health care I yield the floor. age premium for family health care in reform. The PRESIDING OFFICER. The Sen- Delaware was just over $7,500. In 2008, Finally, if we lose this opportunity ator from Colorado. that number jumped to $14,900, almost to pass health care reform, we will not Mr. BENNET. I thank the Senator doubling in only 8 years. If we do not have an opportunity to reform our from Illinois for his eloquent discus- enact health care reform now, the same health system in the foreseeable fu- sion about trying to provide more premium for family coverage is ex- ture. We will be stuck with the choice rather than less to our working pected to reach $29,000 in 2016, another unsustainable status quo. This Con- families. A lot of what we are trying to doubling in price. gress, this President is not about to re- do with health care reform—and I hope The status quo is unsustainable be- turn to this issue if we do not pass it the bills will improve over the coming cause of health care spending on a na- because it is so incredibly difficult and weeks—is give people more control tional level. In 1979, we spent approxi- so traumatic and takes everyone’s con- over choices with respect to their doc- mately $220 billion as a nation on cern. I have been around Congress for tors and their medical care, to make health care. In 1992, we spent close to 36 years, and I have learned something sure that it is doctors and patients $850 billion. In 2009, we will spend $2.5 about how Washington works. Trust making decisions about treatment and trillion on health care. That trajectory me, we have truly a unique window of not insurance company bureaucrats or of health care expenditures is totally opportunity for health care reform. a government bureaucrat. out of control. We must begin to bend Next I will yield for the Senator from The window is now open. It will soon the cost curve down on the health care Delaware to talk about why this is close. We have a new President in his such an urgent problem and why we system. We need to do this now. We first year in office who has a good rela- need to address it now and not wait, as cannot wait any longer. We cannot af- tionship with Congress. There is major we have over the last 20 years. As the ford to wait for reform because failure support for reform among providers, President said, the first President to to do so will place even more pressure patients, business, labor, and everyday call for health care reform was Teddy on the Federal budget and on taxpayers Americans. With the major players in Roosevelt. Here we sit in 2009, con- to continue support for Medicare and health care seeking reform, this could fronted by the same sorts of arguments Medicaid. be our chance. I believe it is our about why today is the wrong time to Clearly, one of the major driving chance, and this will be the only do this and why we ought to kick the forces behind our Federal deficit is the chance for a while. can down the road for another genera- skyrocketing cost of Medicare and Mark my words: If we don’t take this tion of Americans. Medicaid. Combined, these programs opening and enact health care reform I turn the floor over to the Senator account for 20 percent of all govern- this year, it will not be done until the from Delaware. ment expenditures. If we do nothing to health care system crashes down The PRESIDING OFFICER. The Sen- start bending the cost curve down for around our ears. We cannot continue ator from Delaware. Medicare and Medicaid, we will eventu- the status quo for one more day. We Mr. KAUFMAN. Mr. President, I ally spend more on these two programs cannot wait to enact health care re- thank Senator BENNET for organizing than all other Federal programs com- form. We must gather our collective this event today. He has been a leader bined. will and do the right thing during this in our effort to try to achieve meaning- Let me say that again: If we do noth- historic opportunity by passing health ful health care reform. I am looking to ing to start bending the cost curve care reform. We can do no less. The him, as we move down the road on down on Medicare and Medicaid, we American people deserve no less. health care reform, to continue to will eventually—and not that far off— Mr. BENNET. I thank the Senator show leadership to make sure we spend more on these two programs from Delaware for pointing out that achieve meaningful health care reform. than all other Federal programs com- maintaining the status quo, being un- I appreciate the opportunity once bined. Because of this, people who are willing to act, in fact, is making a again to join my colleagues and show concerned about deficits should wel- choice. our united support for health care re- come health care reform now. The It is making a choice about having form. I want to address one of the big- plans being considered by the Congress another decade of double-digit cost in- gest myths reform opponents have would require some upfront cost, but creases every year. It is making a spread throughout the debate, the reform done the right way will mean choice about devoting a fifth of our myth that America cannot afford to savings for families and businesses, economy to health care when every change the health care system. They money that could be pumped into the other industrialized country in the say our country has too much debt and economy. world is devoting less than half of that. the health care reform would only in- We all know in the short term the It is making a choice about having in- crease the Nation’s deficit. They say cost of expanding coverage to Ameri- creasing and mounting and rising defi- we spent too much money on TARP cans will temporarily increase govern- cits in the outyears. and the stimulus package. They say we ment spending. Quickly, however, the I thank the Senator from Delaware must rein in spending and push off net impact of the cost containment for pointing out that we have a once- health reform until we straighten out provisions will accumulate, and there in-a-lifetime opportunity right now to our fiscal house. When we hear this will be a reduction in government try to address a number of these issues kind of criticism, especially during spending. It is important to remember at the same time. this time of economic downturn, it is that while we are awaiting the cost Mr. President, our closer today is the reasonable to ask if now is the time for containment provisions to take hold, Senator from New Hampshire, who is reform of the health care system. The the President and congressional leaders here to talk about what this reform is answer is: We need health care reform have insisted that health care reform about versus what some have claimed now. We need health care reform now be deficit neutral. In other words, the it is about. I welcome her here this because economic recovery for the long administration and Congress are com- morning. term is completely dependent on con- mitted to responsible health care re- Let me turn the floor over to the trolling health care costs. form that reduces the deficit over 10 Senator from New Hampshire.

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Rather, it sounds the right thing in the end—to not have thank very much Senator BENNET for like the markets acting in a way that another decade where people are wres- coordinating this effort today. best serves the American people. tling with their insurers to get paid, so As you have all heard for the past My health reform reality check is that doctors and people providing few weeks, the freshmen Senators have that health care reform is consumer health care do not have to spend 30 per- joined together to deliver a very simple based and market driven. You can keep cent of their overhead or more trying message: We need to act, and we need your insurance if you like it. It will in- to get reimbursed for services they pro- to act now, on health care reform. crease choices for families. It will pro- vided to their patients. As people have been pointing out all mote competition. I am optimistic in part because of all morning, there is a lot of confusing We need to move past the rhetoric my wonderful colleagues who were here and, unfortunately, some false infor- and the myths. We need to rise to the this morning. I thank them for joining mation that has been going around occasion in this pivotal moment in our me today. about who is going to be included in Nation’s history. We must pass mean- Mr. President, with that, I yield the health care reform legislation and ingful health reform for the citizens of floor and suggest the absence of a what that is going to mean for people. New Hampshire and all Americans. quorum. So as everyone has said, we are joining Mr. President, I yield the floor. The PRESIDING OFFICER. The together today to try to dispel some of Mr. BENNET. Mr. President, I wish clerk will call the roll. those myths and to focus on what real- to thank the Senator from New Hamp- The assistant legislative clerk pro- ly matters, which is making our health shire for closing in such a perfect way ceeded to call the roll. care system better for our families, for today. I agree with her that for far too Mrs. SHAHEEN. Mr. President, I ask our businesses, and for our Nation’s long Washington special interest poli- unanimous consent that the order for economy. tics has gotten in the way of fixing this the quorum call be rescinded. One common myth we have heard is system, and the result has been enor- The PRESIDING OFFICER (Mr. that health reform is a government mously unfortunate for working fami- BURRIS). Without objection, it is so or- takeover of our health care system. lies all across the United States of dered. This is simply not true. The truth is, America. Mrs. SHAHEEN. Mr. President, I ask health care reform is being driven by When your median family income is unanimous consent that I be allowed to consumers who are concerned about going down by $300 over a decade, and speak as in morning business. the cost of health care and about their the cost of health insurance is doubling The PRESIDING OFFICER. Without coverage, and it is being driven by the over the same period of time—by the objection, it is so ordered. market because health care costs are way, in my State, it has gone down by f so high that too many businesses and $800—and the cost of insurance has too many people cannot get the health gone up 97 percent, the cost of higher UNEMPLOYMENT EXTENSION care they need when they need it. education has gone up by 50 percent Mrs. SHAHEEN. Mr. President, I rise Under the current legislation, every- over the same period of time, essen- to speak in support of the Unemploy- one will have the freedom to keep their tially what we are saying to working ment Compensation Extension Act. health care plan if they like it. But for families is: You are going to take home This bill will extend at least 14 weeks the millions of hard-working Ameri- less, but you have to pay more for, not of unemployment benefits to workers cans who cannot find affordable cov- ‘‘nice to haves’’ but things that are across the country who will exhaust erage or who have been discriminated critical to move your family ahead to their benefits by the end of the year. against because of a preexisting condi- have the kind of stability that is essen- This the second time I have come to tion or for women like me who too tial for everybody to have a shot at the the floor to urge those who are holding often are discriminated against in the American dream, and for some reason up this critical legislation to stop costs of health care, health reform will we in Washington cannot figure out blocking its passage. give them a choice. how to make some changes that would This week we learned that Wall Last week, my office heard from a help working families and small busi- Street firms are expected to pay out a man named Andrew from New Boston, nesses all across the United States. record $140 billion in compensation. NH. Sadly, his story is all too common. That moment has come now, and we While the economy seems to have Andrew and his family had employer- are here. We have the next few weeks turned around for Wall Street execu- sponsored insurance coverage through to figure this out. I believe we will. I tives, it sure hasn’t turned around for his wife’s job. Unfortunately, she was am enormously optimistic we can pass millions of American workers who still laid off recently. Now not only is she a bill in this Senate and in the Con- can’t find a job. out of work, but her family has to find gress that the President can sign that If we can bail out the big banks that another source of health insurance cov- will make a material impact, an im- got us into this financial mess, erage. The fact is, the individual mar- provement in the lives of working fam- shouldn’t this Senate be able to act ket simply does not provide sufficient ilies and those employed by small busi- quickly to help the people hit hardest affordable options for families. The nesses all over this country. In fact, by this recession—unemployed work- coverage they managed to find—An- anything less than that should be unac- ers? drew and his family—puts a significant ceptable to all of us. Apparently not, because there are financial burden on their family. I hope we can do that in a bipartisan Members of this Senate who are play- The good news is, health reform leg- way. I hope we can have cooperation ing partisan political games and delay- islation offers a solution for families across the aisle and the best ideas from ing an extension of unemployment ben- such as Andrew’s by offering more both parties as we design it. But, to efits. This needs to stop. choice. The health insurance exchange me, the most important thing is to Today, more than 5 million workers creates a marketplace where insurance make sure people who live in my State have been unemployed for 6 months or companies must compete for our busi- do not need to endure another decade longer. Through no fault of their own, ness. Individuals and small businesses of double-digit cost increases every sin- millions of Americans cannot find will be able to shop for the most afford- gle year, do not need to endure another work because there are now more than able plans in a way that is transparent decade where they lose their health in- 6 unemployed workers for each job and easy to understand—similar to the surance because they lose a job or be- opening. Until the job market im- way Members of Congress get their in- cause they have a preexisting condition proves, we have a responsibility to help surance, and Americans should have or because, as happened in my State these workers keep food on the table the same choice. last week, a baby was born who was and pay the mortgage.

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KERRY and Senator BOXER have targeted at those who have been unem- We had our full meeting in Athens brought forward the Clean Energy Jobs ployed for more than 59 weeks and have this past weekend, and the center sub- and the American Power Act, and I am exhausted their benefits. And no one ject for that meeting was climate proud to be part of that effort and that can question that it is timely. change and the need for the inter- legislation. That legislation builds on Unemployment compensation is national community to come together the work done in the last Congress money that gets spent immediately on to enact meaningful goals for reducing with Senator LIEBERMAN and Senator necessities. People who are out of work greenhouse gases and carbon emissions. WARNER, and it is very similar to the need this money to help pay rent and It was clear, from the urgency of this bill that has passed the House of Rep- mortgages, buy food, and pay for gas. mission, that we need to act now; that resentatives. So when we extend unemployment the circumstances of floods and What that legislation will do is to re- benefits, we are not just helping work- droughts in so many parts of the world establish U.S. leadership on inter- ers who have lost their jobs, we are are causing immediate concern. We national efforts to deal with global cli- helping small businesses across the now have what is known as climate mi- mate change. The legislation would es- country by boosting demand for their grants—people who are forced to leave tablish a 20-percent reduction by the products and services. their countries because of the impact year 2020. That is stronger than in the In fact, economists say that dollar- of global climate change. This is caus- House bill and it establishes America for-dollar, extending unemployment ing serious concerns in many parts of as a leader. It dedicates investment to- benefits is one of the most cost effec- the world in regard to stability and se- ward domestic clean energy and 21st tive actions we can take to stimulate curity, which affects U.S. interests. century infrastructure by providing the economy. I know each of us in our own States the necessary investments in wind and Temporary extensions of unemploy- can give our own examples of the im- solar. These technologies were devel- ment benefits are an especially effec- pact of climate change. In my State of oped in the United States and now it is tive stimulus when the long-term un- Maryland, the residents of Smith Is- time for us to put that technology to employment rate is high, and, unfortu- land understand that their island is work creating jobs in America and al- nately, that is the situation today. Na- disappearing during their lifetime be- ternative renewable energy sources tionally, the number of long-term un- cause of sea level changes, due in part that will wean us off the need for im- employed—those jobless for 27 weeks or to global climate change. The ported oil. more—rose to 5.4 million in September. watermen in Maryland know their live- The legislation also dedicates funds In my home State, New Hampshire, the lihood is being jeopardized because of for other types of green transportation, number of long-term unemployed has the warming of the Chesapeake Bay, which we know can be very valuable. more than tripled in the past year. affecting sea grasses, which affects the Green transportation represents 30 per- I do not understand why any Senator ability of the blue crab to survive. So cent of our greenhouse gas emissions would delay an extension of unemploy- we all know the immediate impact. and 70 percent of our oil. We can do ment compensation that will help But in Athens it became apparent to much better. I am personally working workers and small businesses in every the international community that we very hard to promote additional fund- single State. need to act now. We need to act now ing sources for public transportation. People are counting on us to act now. for the sake of our security, we need to You can’t help, when you travel to Eu- American workers who have exhausted act now because of the economic im- rope, but know that their models are unemployment benefits cannot wait perative, and we need to act now be- much stronger than ours in trans- another week to pay the rent or buy cause of the environmental risk. The porting people through public transpor- groceries. good news is it was apparent to all of tation. I happen to represent two of the I urge my colleagues to stop the us that there is a common solution. If most congested urban areas in our games and pass this critical extension we deal with our energy issues, we can country—Baltimore and Washington. without further delay. solve all three of those problems. Both have transit systems that are in Mr. President, I yield the floor and We can strengthen our economies, need of expansion. By doubling the rid- suggest the absence of a quorum. particularly in these difficult times, by ership on public transportation, we can The PRESIDING OFFICER. The creating good new jobs; we can deal reduce our imported oil by 40 percent clerk will call the roll. with international security threats, alone. The legislative clerk proceeded to when one nation threatens to cut off This legislation is friendly toward al- call the roll. its oil or gas to another country; or the ternative energy sources and nuclear Mr. CARDIN. Mr. President, I ask fact that so many places in the world energy, which has a very favorable car- unanimous consent that the order for that have the mineral wealth have val- bon footprint. It also creates jobs. We the quorum call be rescinded. ues that are different than our values know that we can create four times as The PRESIDING OFFICER. Without and we are actually helping to support many jobs here in America by invest- objection, it is so ordered. their values; and for the environmental ing in green energy rather than in oil Mr. CARDIN. Mr. President, I ask need of making sure that we deal with or gas. Japan also knows that. They unanimous consent to speak as in global climate change in future genera- have been investing in renewable en- morning business. tions and we work together. ergy sources. Germany knows that. The PRESIDING OFFICER. Without The question that was asked at this They are investing today because they objection, it is so ordered. meeting was: Where is the United know it is good for jobs. China knows f States? Where is the leadership from that. They are investing today. They the strongest Nation in the world? are going forward with these programs CLIMATE CHANGE Well, my reply was: The United States for alternative and renewable energy Mr. CARDIN. Mr. President, I have is back. We are ready to assume inter- sources in wind and solar and many the honor of chairing the United States national leadership on global climate other areas, because they know that is Helsinki Commission, representing the change issues. where the competition will be tomor- Senate. The Helsinki Commission is The Obama administration has al- row, and they are going to be prepared. the U.S. participation in the Organiza- ready taken action. They have taken We also need to be prepared.

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The legislation Senator KERRY and results. The urgency of the issue re- ions about ways to address it, but the Senator BOXER have brought forward quires us to act. We have Senator most comprehensive way to address it protects the consumers, making sure KERRY and Senator BOXER who have is to be intellectually honest in ad- that in our transition we don’t add to brought forward a reasonable bill, and dressing it. the cost of the typical consumer in hearings are scheduled before the Envi- The President of the Coca-Cola Com- America. It also helps industries that ronment and Public Works Committee pany was published in an October 8 are very dependent today on carbon en- later this month. Wall Street Journal article, and it is a ergy sources. It helps them in transi- Recently Senator KERRY and Senator brilliant article on obesity, weight, tion so they can transition to the new GRAHAM have gotten together on a sugar content, and soft drinks. I com- energy of tomorrow. It invests in clean blueprint on how we can move forward mend it to the Senate for their study. coal. We have plenty of coal, but it on global climate change legislation in Mr. President, I ask unanimous con- emits too much carbon. Well, this bill this Congress, and they bring up two sent to have printed in the RECORD the invests in figuring out how we can use subjects I have already mentioned—the full article. coal in an environmentally friendly use of nuclear power in America, which There being no objection, the mate- way. clearly needs to be part of the solution, rial was ordered to be printed in the The legislation also deals with our and how we can deal with clean burn- RECORD, as follows: international responsibilities. As a de- ing coal. [From the Wall Street Journal, Oct. 8, 2009] veloped nation, we have a responsi- In Copenhagen, in December, we need COKE DIDN’T MAKE AMERICA FAT bility to developing countries. They to achieve the international results (By Muhtar Kent) have already been impacted much more that are the strongest in setting these Obesity is a complex issue, and addressing adversely than we due to the impacts goals and mechanisms in place. I am it is important for all Americans. We at the of global climate change. We need to confident that America will be a leader Coca-Cola company are committed to work- strengthen their ability and resolve to in Copenhagen, and a leader in bringing ing with government and health organiza- protect our forests, to be good stewards forward responsible legislation to deal tions to implement effective solutions to ad- of our environment, and to help them with energy. dress this problem. deal with development. The bill also For those who say we should go slow, But a number of public-health advocates provides for wildlife—to preserve wild- let me tell you, reviving our economy have already come up with what they think life. is intrinsically linked to rethinking is the solution: heavy taxes on some routine One last part about the Kerry-Boxer foods and beverages that they have decided how we solve our energy challenges. In- are high in calories. The taxes, the advocates bill. It is deficit neutral. It will not add vesting in new technology creates new acknowledge are intended to limit consump- any additional debt for future genera- jobs. Diversifying our energy sources tion of targeted foods and help you to accept tions. This is truly a bill that my two creates competition, stabilizing and the diet that they have determined is best. granddaughters, that all our children lowering energy prices. And thinking In cities and states across America—and and grandchildren will benefit from by beyond fossil fuel buried in unstable even at the federal level—this idea is getting having a cleaner environment, a safer and unreliable countries makes us all increased attention despite its regressive na- country through energy security, good more secure. Our dependence on old ture and inherent illogic. jobs for the future, and all without While it is true that since the 1970s Ameri- ways, old patterns, and old resources cans have increased their average caloric in- adding to the deficit. puts us at a financial and national se- take by 12%, they also have become more I reminded my colleagues in Athens curity disadvantage. Those same fossil sedentary. According to the National Center that for Copenhagen to be successful, fuels we burn to drive our cars, power for Health Statistics 2008 Chartbook, 39% of we need to have a bill that sets reason- our homes and heat and treat our adults in the U.S. are not engaging in leisure able targets, absolutely—short term water are polluting our air, making our physical activity. The Centers for Disease and long term. We have to have the children sick, and raising our planet’s Control and Prevention has found that 60% mechanisms that get us to those tar- temperature. The good news is that in of Americans are not regularly active and 25% of Americans are not active at all. The gets in place in Copenhagen. We also solving our energy security challenge, have to have the financing to help the average American spends the equivalent of 60 we can also grow our economy and days a year in front of a television, accord- developing countries, and we also have clean our environment. ing to a 2008 A.C. Nielsen study. This same to have enforcement. We have to have But let’s remember that any deals we research data show that the average time enforcement. reach in Copenhagen and any laws we spent playing video games in the U.S. went What do I mean by that? Well, we are pass here are but the beginning. The up by 25% during the last four years. not going to accomplish our goals if work must continue with earnest fol- If we’re genuinely interested in curbing the United States does everything it low-through dedicated to truly chang- obesity, we need to take a hard look in the does to reduce carbon emissions but we ing the way we work and live and move mirror and acknowledge that it’s not just find other countries don’t do that and about calories in. It’s also about calories around this Earth. out. then they send their products here to Mr. President, I yield the floor. Our industry has become an easy target in America at a cheaper price. That is un- The PRESIDING OFFICER. The Sen- this debate. Sugar-sweetened beverages have fair to U.S. manufacturers and pro- ator from Georgia. been singled out for demonization in spite of ducers, and it doesn’t accomplish our Mr. ISAKSON. Mr. President, I ask the fact that soft drinks, energy drinks, international goals of bringing down unanimous consent that I be recog- sports drinks and sweetened bottled water carbon emissions. So what I have sug- nized for up to 5 minutes in morning combined contribute 5.5% of the calories in gested is that in Copenhagen there business, and that I then am followed the average American diet, according to the needs to be a mechanism that says if National Cancer Institute. It’s difficult to by the Senator from Michigan, Senator understand why the beverages we and others your country does not meet the inter- STABENOW. provide are being targeted as the primary national standards, your products are The PRESIDING OFFICER. Without cause of weight gain when 94.5% of calorie subject to a border adjustment reflec- objection, it is so ordered. intake comes from other foods and bev- tive of the cost to bring that product in f erages. compliance with international carbon Those pushing for this tax lack some es- standards. That is fair to the manufac- HEALTH CARE REFORM sential facts, not to mention some basic turers in those countries that have met Mr. ISAKSON. Mr. President, I rise common sense. Over the past 20 years, the those standards, and it also permits us for two purposes. First, there is a huge average caloric content of soft drinks has argument in America with regard to dropped by nearly 25%. This is due in large to make sure that other countries in part to a determined focus by our company fact do act to deal with their inter- health care, and we all know one of the and others on the diet/light category with national responsibilities. main contributing factors to the health brands like Diet Coke, Coca-Cola Zero and I am optimistic. I am optimistic we difficulties of all Americans is the sub- Powerade Zero. Even soft drinks with sugar, are going to be able to achieve these ject of obesity. There are many opin- like Coca-Cola, contain no more calories (140

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24922 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 calories in a can) than common snacks, be in Atlanta, GA because when Mills there based on the unemployment sta- breakfast foods and most desserts served up B. Lane and Mayor Ivan Allen risked tistics, not those who have tried for a daily in millions of American homes. And what then was a huge amount of long time and been unsuccessful and while obesity rates have skyrocketed, sales of regular soft drinks decreased by nearly money, $18 million, to build a major are currently neither in the workforce 10% from 2000 to 2008, according to the indus- league sports stadium without a sports nor are working two or three or four try publication Beverage Digest. team, it was not until Furman Bisher part-time jobs trying to hold things to- So where are all of the extra calories in the went and talked to the Bartholomay gether for themselves and their fami- American diet coming from? Research from family who were getting ready to move lies. We do know this. Over 15 million the United States Department of Agriculture the Milwaukee Braves from Milwaukee people today who are trying to support shows that added sugars, as a percentage of and convinced them to bring major their families in this very tough eco- total daily available calories, have declined 11% since 1970. Yet the percent of calories league baseball for the first time ever nomic time need our help immediately from added fats and flour/cereal products has to the South. to stay afloat. increased 35% and 13%, respectively, during The same was true a few years later Two nights ago I asked for agreement that same time period. when Rankin Smith petitioned to buy to move to the unemployment insur- Will a soft drink tax change behavior? Two the first NFL franchise to exist in the ance bill. Our leader had asked for states currently have a tax on sodas—West South, and that $7.5 million purchase agreement to do that before. This has Virginia and Arkansas—and they are among happened for a lot of reasons but prob- already passed the House and is await- the states with the highest rates of obesity in the nation. ably the most important of which was ing Senate action. Unfortunately, Re- Obesity is a serious problem. We know Furman Bisher. publican colleagues objected. They that. And we agree that Americans need to What is so great about Furman is he have objected several times and con- be more active and take greater responsi- could make sports come alive, from tinue to object to our bringing forward bility for their diets. But are soft drinks the cricket to football, from boxing to golf. an effort to help families who, through cause? I would submit to you that they are His writing on boxing is historic and no fault of their own, find themselves no more so than some other products—and a his following of Atlanta native Evander in an extraordinarily difficult situa- lot less than many, many others. As a leader in our industry, we have a role Holyfield helped elevate Evander to tion, relying on unemployment in to play in solving this issue. Globally, we where he became the Heavyweight order to be able to keep their families have led the industry for nearly 30 years Champion of the World. But probably afloat. with innovations across the diet and light nothing was more important than the Unemployment is not a partisan beverage categories. Today, more than 25% years of coverage of the greatest golf issue. Right now, 14 States and the Dis- of our global beverage portfolio is comprised tournament on the face of the Earth— trict of Columbia, blue States and red of low- or no-calorie beverages. Policy makers should stop spending their the Masters. None other than Bobby States, have unemployment rates over valuable time demonizing an industry that Jones, none other than Jack Nicklaus, 10 percent: Illinois, Georgia, Alabama, directly employs more than 220,000 people in none other than Arnold Palmer, none Florida, North Carolina, Ohio, Ten- the U.S., and through supporting industries, other thank Tiger Woods acknowledged nessee, Kentucky, South Carolina, an additional three million. Instead, business that the gifted writing of Furman California, Oregon, Rhode Island, Ne- and government should come together to Bisher about that treasured tour- vada and, of course, my great State of help encourage greater physical activity and nament helped to elevate it to where it Michigan, where we are now seeing sensible dieting, while allowing Americans to enjoy the simple pleasure of a Coca-Cola. is today, the preeminent event in golf over a 15.3-percent unemployment rate, around the world. the highest in the country. f A lot of people contribute a lot to Our people are hurting and they have TRIBUTE TO FURMAN BISHER their profession. We in Georgia are been hurting for a long time. I was Mr. ISAKSON. Mr. President, on proud of so many who have given so very proud of our President as he came Sunday of this past week, an event of much to our State. Today I want to into office for understanding that and journalistic magnitude took place in pay tribute to a man who for 59 dedi- joining with us in a recovery package the city of Atlanta and the State of cated years covered sports in Georgia to make sure we were extending unem- Georgia. A man by the name of and made it possible for many great ployment at the beginning of the year. Furman Bisher published his last things to happen, a man who was gift- But unfortunately the recession con- sports column in the Atlanta Journal- ed, a man was talented and a man who, tinues and people are still hurting. Constitution. He typed that column on even today, shares his wisdom and his Democrats are unemployed and Repub- the same manual Royal typewriter commitment to sports as he ap- licans are unemployed. The people get- upon which he typed his first column 59 proaches his 91st birthday. ting unemployment insurance are years ago. On a personal note, as a young boy looking for work, they are pounding Furman Bisher is a distinguished em- and a sports fan in the late 1940s and the pavement and they are putting in ployee of the Atlanta Journal-Con- 1950s, I used to rush to the mailbox to applications every day. This is not stitution, a distinguished resident of get our Atlanta Journal and our At- their fault. our city and our State. Unlike many in lanta Constitution and I didn’t go to The economic situation in this coun- his profession, he had a profound posi- the funny papers, I didn’t go to the try is not their fault. The bank failures tive effect on his city and his State and comics, I didn’t go to the crossword are not their fault. The foreclosure cri- on sports. Furman Bisher started writ- puzzle. I went to Furman Bisher. sis is not their fault. But they are the ing in Atlanta, GA when Atlanta’s only Furman was a great writer and to me ones paying the price every single day. professional sports team was the At- an inspiration for sports in Atlanta, Every single day, every single time the lanta Crackers, a Double-A team play- GA. I wish him and his family the very other side objects to bringing up this ing in a small bandbox stadium in best in their retirement. bill, people across the country are Ponce de Leon Park. In the 1960s, as his I yield the remainder of my time. hurting. They are exhausting their un- career emerged, he, along with Jesse The PRESIDING OFFICER. The Sen- employment insurance and are being Adler, were the principal writers of ator from Michigan is recognized. left with no way to pay the mortgage, sports in the Atlanta Journal-Constitu- f to take the kids to the doctor, to pay tion. He began to be published in other their heating bills, to be able to hold it magazines, magazines such as Sports UNEMPLOYMENT COMPENSATION together, waiting for this economy to magazine, magazines such as the Ms. STABENOW. Mr. President, I turn around and jobs to be available, Sporting News. He developed respect rise this afternoon to discuss our ef- jobs they so desperately want. around the United States as a gifted, forts to extend unemployment benefits It is getting cold outside. Winter is talented, and honest sports writer. to over 15 million people who are look- coming and families across the country Had it not been for Furman Bisher, ing for work today. That is only the are turning on their heaters for the the Atlanta Braves probably would not number of people we know are out first time in months. They need us to

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24923 extend unemployment insurance so Medical Mutual, or they can choose a ting paid such low wages. At least they they can keep the heat on for their public option, so they would have that offer health insurance. That may be kids. Pulling the rug out from under choice and it provides more choice to gone. That is why reform is so impor- these hard-working men and women people. It is not a government takeover tant. That is why the public option is doesn’t just hurt them and their fami- in any way. It simply provides more so important, so we don’t see this kind lies, it hurts every community and it choice for those people who are in- of profiteering by the insurance indus- hurts our economy in America. When sured. try. they can afford to pay their bills, that I come to the floor, day after day, Rebecca from Summit County writes: money goes back into the economy, as sharing letters I received from people we know. We know that for every $1 in Ohio, from Cincinnati and Dayton, I have two sons with severe ADHD. They were both diagnosed at an early age, due to spent on unemployment benefits, $2.15 from Athens and Saint Clairsville, their extremely impulsive behavior. Each goes back into the economy. That is from Toledo and Lima. People who son requires three prescriptions per day to exactly what we need at this point— generally write most of these letters enable them to go to school and get through immediate stimulus. are people who were satisfied with their daily life. With the medication and This is an incredibly difficult time their health insurance. They thought periodic exams with a neurologist, they are for families, certainly in my State and they had pretty good health insurance. doing well. My employer pays over half the all across the country. Blocking this They find out, when they get sick, cost of our premiums, but my portion of the legislation, saying no to everything, that their health insurance isn’t what premium is $600 per month out of my pay- check. I’m worried that soon my employer delaying everything—that is not going they thought it was. They end up bat- will be unable to continue our coverage. As to pull us out of this recession and it is tling every week with their insurance it is, my husband and I don’t go to the doctor not going to help American families. company trying to get something paid because we simply can’t afford it. Even The time to act is now, right now. I for. They find out maybe their insur- though it might not seem like a life-or-death urge my colleagues to stop blocking an ance coverage got cut off—insurance situation, it really is. Without their medica- important effort to help working men companies call it rescission, their offi- tion, my sons have serious illnesses with im- and women in this country, people who cial bureaucratic word—as so many pulsiveness that could be dangerous. If they have followed the rules all their lives, people lose their health insurance when don’t complete their education, they won’t be able to support themselves in the future. have done nothing but find themselves it has gotten too expensive. These are at this place and this time, with the people who were satisfied with their in- Nothing scares a parent more than economy where it is, as we rebuild it— surance and then found out it is not so leaving behind children who can’t sup- and we are and we will. We need to sup- great after all. port themselves because of some kind port them so they can do the right I wish to share some of the letters I of illness. I don’t think anything terri- thing for their families and keep a roof have received from Ohio. This is from fies parents more than that. over their heads and food on the table Tony from Rocky River. He writes: I know our situation isn’t unique, so I hope and the lights on and the heat on and I’m the Executive Director of a provider of something can be done to help all Ameri- know that their country has got their residential and group homes for people with cans. developmental disabilities. We employ 250 back. Rebecca’s is another plea for help That is what this is about. We need staff members, most of whom make a start- from this institution. It is simply un- to pass the extension of unemployment ing wage of $8.50 per hour. We offer health in- conscionable for us not to move for- insurance now. I hope we will. surance to staff who work at least 24 hours a week. We don’t have a Cadillac plan, we pro- ward. I yield the floor and I suggest the ab- vide just basic coverage. We believe in doing sence of a quorum. Let me close talking about Virgil this [because] many of our staff members are from Akron. He is a retired 30-year vet- The PRESIDING OFFICER. The part-time workers and have to work two clerk will call the roll. other jobs just to pay for bills, groceries, and eran of the Akron Police Department The legislative clerk proceeded to utilities. We recently started negotiations and has to spend one-third of his retire- call the roll. with our health insurance carrier for our 2010 ment pay on health insurance pre- Mr. BROWN. Mr. President, I ask rates. We were informed that we may have miums. Virgil retired in 1999, when the unanimous consent the order for the an 84 percent increase over last year’s rate. premium for him and his wife Marlene quorum call be rescinded. That is almost double what they had was $45. Only 11 years later, Virgil and The PRESIDING OFFICER. Without last year. Marlene pay monthly premiums of objection, it is so ordered. We were told the increase was due, in part, $700—from $45 to $700. This is a retired Mr. BROWN. I ask unanimous con- because one staff member [out of 250] had a 30-year veteran police officer who sent to speak up to 10 minutes as in heart attack in the past year and another served his community as a law enforce- morning business. staff member is being treated for renal fail- ment official for three decades. Strug- The PRESIDING OFFICER. Without ure. We were shocked as we already pay close gling with high out-of-pocket medical to $500,000 per year for our coverage. We expenses, Virgil and his family resorted objection, it is so ordered. could now be facing an additional $420,000 f just to cover [the same number of] employ- to pill cutting to make their prescrip- tions last longer. Virgil and the dedi- HEALTH CARE REFORM ees. You would expect in a staff of 250 that someone would have an illness, yet we are cated police officers, firefighters, Mr. BROWN. Mr. President, last being severely penalized for being respon- teachers, nurses, and public servants night I joined Senator UDALL from New sible and offering coverage to our workers deserve better than. They deserve Mexico and Senator WHITEHOUSE and and their families. health reform now. the Presiding Officer, Senator BURRIS, That is what is happening. This is I yield the floor and suggest the ab- and some others. Senator DURBIN, the not a tiny, small business, but in a sence of a quorum. other Illinois Senator, was there too small business, so often one person, The PRESIDING OFFICER (Mr. for part of the evening, talking about two people, three people get an expen- UDALL of New Mexico). The clerk will the public option and why it is so im- sive illness. Sometimes the insurance call the roll. portant to keep the insurance industry company will cut them off individually honest, to help constrain costs and to or as a group. Other times the increase The assistant legislative clerk pro- compete directly with private insur- for insurance will be so much that peo- ceeded to call the roll. ance so that people, as they join those ple such as Tony may not be able to Mr. VITTER. Mr. President, I ask who are uninsured, who want to get in- offer insurance to their employees. unanimous consent that the order for surance, can choose. They can choose This is so important. These are low-in- the quorum call be rescinded. Cigna, they can choose Aetna, they can come people making $8.50, $9 an hour The PRESIDING OFFICER (Mr. choose WellPoint, they can choose doing work that most people in this FRANKEN). Without objection, it is so United. In my State they can choose Chamber wouldn’t be willing to do, get- ordered.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24924 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 COMMERCE, JUSTICE, SCIENCE to represent it in the Congress and the energy and water conference re- APPROPRIATIONS count noncitizens, including illegal port. I wanted to put forward one very Mr. VITTER. Mr. President, I stand aliens. I do not think the Founding Fa- cogent reason for voting against this to urge all of my colleagues, Demo- thers set up a democracy—in many bill. crats and Republicans, to support hav- ways one of the most important demo- This bill hides from the American ing a vote on Vitter amendment No. cratic institutions in history in the people information to which they are 2466 to the Commerce-Justice-Science U.S. Congress—to represent nonciti- entitled. There was clearly accepted by appropriations bill. zens. Why are we not adding in the en- unanimous consent an amendment that Unfortunately, the majority leader tire population of France or Belgium or said the reports in that bill will be and others have been working quite Brazil? For obvious reasons, because made available to all Senators and all hard to block that vote. I believe this this is a democracy to represent citi- the citizens of this country—and right- issue demands attention, demands zens of the United States. ly so—unless it had a national security focus, demands reasonable debate, and Of course, we can only avoid that in implication for not exposing that infor- a vote. terms of congressional reapportion- mation. What is this issue? This is the revised ment if we know the subcategories of The best government is the one that version of my amendment to that ap- the count, citizens versus noncitizens. I is the most open. The best government propriations bill: urge all of my colleagues to support is the one in which people have trust. None of the funds provided in this Act or having a vote on this Vitter amend- By bringing this bill to the floor out of any other act for any fiscal year may be used ment to the Commerce-Justice-Science conference and dropping the trans- for collection of census data that does not appropriations bill and then, of course, parency amendment, the transparency include a question regarding United States when we get to a vote—and we will— section where one can actually see Citizenship. hopefully, on this bill but sometime in what is going on in Washington, where Mr. President, I ask unanimous con- the near future—I assure you, we will— one can actually see where their money sent to have printed in the RECORD my to support in a bipartisan way this is being spent, where one can actually amendment. amendment. see the information that a select group There being no objection, the mate- Let me make two final points. First of Senators see but other Senators do rial was ordered to be printed in the of all, I have made every reasonable at- not, as well as the American people—if, RECORD, as follows: tempt to get this vote. I had two other in fact, one can see that, that breeds (Purpose: To provide that none of the funds amendments on the list for votes on accountability in Washington. provided to the Census may be used for col- this bill that were important to me and If my colleagues, in fact, vote for this lection of census data that does not in- I think are important substantively. I conference report, what they are say- clude a question regarding status of United have told, through our representatives, States Citizenship) ing is they want to keep the American the majority leader and his office that On page 110, line 7, strike ‘‘activities.’’ and people in the dark; they do not want insert ‘‘activities: Provided further; That I will forgo votes on those two other them to see what we are doing; they do none of the funds provided in this Act or any amendments. We need a vote on this not want them to see how we are doing other act for any fiscal year may be used for crucial amendment. it; they do not want them to see why collection of census data that does not in- Secondly, I remind particular Sen- we are doing it. They want the elite po- clude a question regarding United States ators from eight States that their sition of making a judgment without Citizenship.’’ States will lose representation in the being held accountable. Mr. VITTER. Mr. President, the U.S. House if we count noncitizens I urge my colleagues to vote against point is very simple. A big decennial versus if we were to do congressional this conference report. census is coming up next year. Under reapportionment only counting citi- I yield the floor and suggest the ab- the current plans of the Census Bureau, zens. sence of a quorum. we are going to count everybody in the I believe everybody should be focused The PRESIDING OFFICER. The country—and that is fine—but we are on this issue. I believe everybody clerk will call the roll. not going to distinguish, we are not should support my commonsense posi- The bill clerk proceeded to call the going to know the difference between tion. But surely the Senators from roll. citizens and noncitizens. I think that is those eight States would want to vote Mr. DORGAN. Mr. President, I ask not fine, I think that is crazy, and I for their States’ self-interest. Those unanimous consent that the order for think it will lead to some dangerous re- States are Indiana, Iowa, Maine, Michi- the quorum call be rescinded. sults. gan, Pennsylvania, Mississippi, North The PRESIDING OFFICER. Without First of all, the whole purpose of a Carolina, and, of course, my State of objection, it is so ordered. census is to give us maximum informa- Louisiana. f tion, maximum tools we can use in a Again, I particularly appeal through whole host of policy debates and Fed- the Chair to the Senators from those CONCLUSION OF MORNING eral programs. Certainly, it is useful to eight States—Indiana, Iowa, Maine, BUSINESS know both the overall number of per- Michigan, Pennsylvania, Mississippi, The PRESIDING OFFICER. Morning sons in the country but also the sub- North Carolina, and Louisiana. Obvi- business is closed. categories of citizens and noncitizens. ously, for the very interests of your f That is particularly relevant because State, please support getting a vote on the immigration debate is important, the Vitter amendment. Please support ENERGY AND WATER DEVELOP- and we need to get our hands around the Vitter amendment. Your State’s MENT AND RELATED AGENCIES that issue. representation in the U.S. House hangs APPROPRIATIONS ACT, 2010—CON- Secondly, and even more important, in the balance. Of course, that means FERENCE REPORT it is important because I believe when please do not vote for cloture on the The PRESIDING OFFICER. Under we use the census for congressional re- CJS bill until we can have such a vote. the previous order, the Senate will re- districting for determining how many I yield the floor. sume consideration of the conference U.S. House seats each State gets, we The PRESIDING OFFICER. The Sen- report to accompany H.R. 3183, which should count citizens, but we should ator from Oklahoma. the clerk will report. not count in that context noncitizens, f The bill clerk read as follows: including illegal aliens. Conference report to accompany H.R. 3183, I think it is crazy, nutty, and I think ENERGY AND WATER DEVELOPMENT an act making appropriations for energy and the average American certainly agrees water development and related agencies for that we would determine how many Mr. COBURN. Mr. President, we are the fiscal year ending September 30, 2010, and U.S. House Members every State gets about 10 minutes away from a vote on for other purposes.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24925 The PRESIDING OFFICER. The Sen- 2012. Construction of the facility would impeded at the Soo Locks, it is impor- ator from North Dakota. begin in fiscal year 2013. MSU has solid tant that another Poe-sized lock be Mr. DORGAN. Mr. President, I ask and well-known expertise in the field of built. Construction on the new lock unanimous consent that at 2:15 p.m. rare isotopes and nuclear physics, with began this past July, and it is impor- today, all postcloture time be yielded the largest nuclear physics faculty in tant that this project be completed so back and the Senate then proceed to the nation and a nuclear physics grad- that vital industrial and agricultural vote on adoption of the conference re- uate program ranked number two in shipments are not impeded. The con- port to accompany H.R. 3183, the En- the U.S., second only to MIT. MSU is ference report includes about $1 mil- ergy and Water Appropriations Act; currently the home of the National lion for this project, which is barely a further, that no points of order be in Superconducting Cyclotron Labora- dent in what is needed for this project; order. tory, NSCL, which is the most ad- the Army Corps estimated that it could The PRESIDING OFFICER. Without vanced rare isotope accelerator in the use about $100 million in fiscal year objection, it is so ordered. U.S. and is the largest nuclear science 2010 for this $500 million project. I will Mr. LEVIN. Mr. President, I will vote facility on a university campus. FRIB continue to urge the Administration to to approve this conference agreement is the next generation rare isotope fa- include funding for this important to provide over $33 billion for a variety cility and the Department of Energy’s project in their budget, and I am glad of energy and water infrastructure decision in December 2008 to select the conference report also makes this projects and programs. Michigan is sur- MSU for FRIB is an indication of the strong recommendation. The con- rounded by the Great Lakes, and the university’s preeminence in this field. ference report states that ‘‘the con- funding provided in this conference re- I am also pleased that the conference ferees are deeply concerned that de- port to the Army Corps to maintain report includes funding for several im- spite congressional support for the the navigational infrastructure and to portant energy projects in Michigan project, the support of the states in the clean up and protect the Great Lakes is that will advance the development of region, and the fact that the Army especially important. Michigan also technologies including advanced bat- Corps of Engineers recognizes the Soo will benefit from the investments in teries and energy storage systems, Locks as the ‘single point of failure’ clean energy technologies and energy plug-in hybrid vehicles, solar and pho- that can cripple Great Lakes shipping, efficiency programs provided in this tovoltaic systems, wind energy, bio- the administration has failed to in- bill that will help create a more sus- mass, and energy efficiency. Michigan clude funding for a second large lock, tainable economy while producing companies and universities are well-po- either under the authority provided in quality jobs. sitioned to contribute to the develop- the American Recovery and Reinvest- The conference report includes im- ment of these advanced technologies, ment Act, ARRA, or in its budget re- quest for fiscal year 2010.’’ I hope this portant funding for a wide range of en- offering both significant expertise in lack of funding will be rectified in next ergy research and technology develop- these technology areas and a highly ment at the Department of Energy, in- year’s budget. trained workforce to carry out the This bill includes important funding cluding advanced vehicle technologies, manufacture and production of these for several Great Lakes programs in- hydrogen and fuel cell technologies, technologies. cluding the Great Lakes Fishery and wind and solar energy technologies, About 180 million tons of goods are Ecosystem Restoration Program, Re- and biomass and biorefinery systems. transported to and from Great Lakes medial Action Planning Technical As- This conference report also includes harbors and ports each year, providing sistance, and the Sediment Transport funding for critical areas of science in- fuel to heat and cool homes and busi- Models and Sediment Management cluding high energy and nuclear phys- nesses, limestone and cement to build Planning program. These programs will ics, biological and environmental re- roads and buildings, iron ore to help restore and protect the Great search, and advanced scientific com- produce steel, and grain to feed our Na- Lakes. puting research. Research and tech- tion and for export overseas. Through- I am also pleased that the bill in- nology development in these out the Great Lakes, there are signifi- cludes over $6 million for the Corps’ groundbreaking areas of energy and cant dredging and other operation and work to prevent the introduction of science will continue our nation’s ad- maintenance needs so that freighters Asian carp and other invasive species vancement toward greater use of tech- can safely deliver these vital commod- into the Great Lakes. Invasive species nologies that will reduce our depend- ities. There is a significant backlog in can dramatically change the fishery ence on oil, reduce our carbon footprint the work required to maintain the and ecosystem by outcompeting native and greenhouse gas emissions, and in- Great Lakes navigational system. The species for food and habitat. Asian carp crease our reliance on our home-grown Army Corps estimates there is a back- are particularly devastating because renewable resources. Federal Govern- log of 17 million cubic yards of mate- they consume so much food and repro- ment support of research and develop- rial that needs to be dredged in the duce quickly. This funding will allow ment in these technology areas will Great Lakes, which is estimated to the Corps to operate the barrier project also help ensure that our companies re- cost to about $200 million, to restore and begin work on a study to consider main competitive in the global mar- the full functionality of the naviga- options to improve the barrier projects’ ketplace and ensure that the U.S. re- tional system. The conference report efficacy. The conference report also mains on the competitive edge of tech- includes an additional $6 million above provides authority for the Corps to nology development and scientific dis- the administration’s budget to address take measures to prevent Asian carp covery. this dredging backlog at Michigan har- from bypassing the electric dispersal I am particularly pleased that the bors and waterways, and attend to barrier. This authority is needed be- conference report includes $12 million other operations and maintenance cause just recently, the Corps discov- in funding for research and develop- needs, including repair and renovation ered that the Asian carp had moved up- ment, conceptual design and engineer- of breakwaters, improvements to locks, stream in the Des Plaines River, and if ing for the Facility for Rare Isotope and disposal of dredged materials. the Des Plaines River floods, which it Beams, FRIB, to be built at Michigan An important element of the Great does regularly, the floodwaters could State University. Inclusion of this Lakes navigational system is the Soo carry Asian carp into the Chicago San- funding in the conference report is crit- Locks, which connects Lake Superior itary and Ship Canal above the dis- ical to moving forward with this facil- with Lakes Huron and Michigan. Every persal barrier. It is critical that the ity. Under the Department’s current year, over 80 million tons of commod- Corps do what it can to prevent the in- plans, engineering work would con- ities pass through the Soo Locks, the troduction of Asian carp into the Great tinue in fiscal year 2011, with initial bulk of which move through the Poe Lakes. design work beginning in fiscal year Lock, the larger of the two operational The bill also provides funding for a 2011 and continuing into fiscal year Soo locks. To ensure shipping is not variety of other water infrastructure

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24926 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 and environmental restoration projects way. We were not able to get that Mr. KYL. The following Senator is in Michigan. Funding is provided for through the conference with the House. necessarily absent: the Senator from two wastewater projects in Michigan— It urged greater transparency on re- Mississippi (Mr. COCHRAN). one in Genesee County and the other in ports from the Energy Department. I The PRESIDING OFFICER. Are there the city of Negunee in Michigan’s regret that is not in the conference re- any other Senators in the Chamber de- Upper Peninsula. Improving sewer sys- port, but the House would not accept siring to vote? tems is important not only for public it. Because of that, we have now been The result was announced—yeas 80, health, but also to eliminate untreated sitting around for the better part of a nays 17, as follows: discharge into surface waters. Two week, 30 hours postcloture. [Rollcall Vote No. 322 Leg.] Michigan flood control projects will My point is that we have to get ap- YEAS—80 propriations bills moving. Apparently, also benefit from passage of this bill. Akaka Feingold Nelson (NE) The aging Hamilton Dam in the city of it does not mean anything to some peo- Alexander Feinstein Nelson (FL) Flint will benefit from $240,000 that ple. If their amendment did not get in Barrasso Franken Pryor will enable the Army Corps to plan how the conference report, they don’t mind Baucus Gillibrand Reed holding up the Senate for a part of a Begich Gregg Reid to improve this dam that is in danger Bennet Hagan Risch of failing. Flood control improvements week. That doesn’t mean much to some Bennett Harkin Roberts at the Cass River in Spaulding Town- people. Bingaman Inouye Rockefeller Bond Johnson ship are identified to receive priority I just wish we would have a little Sanders more cooperation. The very same peo- Boxer Kaufman Schumer Brown Kirk funding from the Army Corps. Funding Shaheen ple who said we ought to get our work Brownback Klobuchar is also provided for three environ- Shelby Burris Kohl done by passing appropriations bill and Snowe mental restoration projects in Michi- Byrd Kyl avoiding omnibus bills are the same Specter gan. Funding of $90,000 will be used by Cantwell Lautenberg the Army Corps to continue its part- ones who hold up the Senate. If we Cardin LeMieux Stabenow Tester nership with the city of Lansing in the could get a little bit of cooperation, we Carper Leahy could get these appropriations bills Casey Levin Thune Grand River waterfront restoration Udall (CO) completed. Collins Lieberman project, which includes a range of Conrad Lincoln Udall (NM) This is a good bill. It makes very sig- projects, such as shoreline and eco- Corker Lugar Vitter nificant and important investments all Cornyn McConnell Voinovich system restoration, as well as rec- around the country in water infra- Crapo Menendez Warner reational elements. I am pleased that structure and energy projects. The fact Dodd Merkley Webb $100,000 is included to implement the Dorgan Mikulski Whitehouse is, it is less than 1 percent above last Lake St. Clair Management Plan. Lake Durbin Murkowski Wicker year’s spending level. No one is going Enzi Murray Wyden St. Clair and the St. Clair River that to take a look at this bill and suggest are part of the connecting channel in NAYS—17 it overspends. It does not. the Great Lakes and have been plagued Bayh Ensign Isakson One of my colleagues talked about by invasive species, pollution, urban Bunning Graham Johanns earmarks in the bill. The fact is, we Burr Grassley sprawl, and sewer overflows. The fund- McCain can take out all the earmarks, and Chambliss Hatch McCaskill ing in the bill will allow the Corps to Coburn Hutchison there are some in here. It is the case Sessions move forward to finally implement on- DeMint Inhofe that Congress has a role to decide both the-ground restoration projects which through the water development author- NOT VOTING—3 are very much needed. izing bill and also in the appropriations Cochran Kerry Landrieu This appropriations bill will help conference report before us where it move our country towards greater en- The conference report was agreed to. wants to invest its money in major ergy security, advance technology to The PRESIDING OFFICER. The Sen- water projects across the country. If strengthen our manufacturing and ator from Illinois is recognized. the Congress decided not to do that, international competitiveness, improve Mr. BURRIS. Mr. President, I move every single penny would go downtown our shipping and boating infrastruc- to reconsider the vote and move to lay to the agency, and some GS–14 would ture, and improve the environment, that motion on the table. decide where to do that. All this talk and I support its passage. The PRESIDING OFFICER. Without Mr. DORGAN. Mr. President, we will about earmarks is not going to save a objection, it is so ordered. vote in about 4 minutes. I want to note penny. The fact is, we have substan- The motion to lay on the table was that yesterday’s cloture vote had 79 tially cut back on earmarks and have agreed to. votes in favor of cloture. Clearly, there made them transparent. (At the request of Mr. REID, the fol- My point mainly is that we are going is strong support for this energy and lowing statement was ordered to be to vote in a minute. We could have water conference report. It provides an printed in the RECORD.) voted on this already, but we had to investment in water and energy VOTE EXPLANATION file cloture, then wait 30 hours. It is re- projects across the country. It is fis- ∑ Mr. KERRY. Mr. President, I was flective of what is happening in this cally responsible. It is slightly less necessarily absent for the vote on the Chamber. Regrettably, there is very than 1 percent above last year’s ex- conference report to accompany En- little cooperation. penditure. ergy and Water Development and Re- Mr. President, I yield the floor. What I wanted to say, however, is we lated Agencies Appropriations Act, The PRESIDING OFFICER. The that had to invoke cloture, which took 2010, H.R. 3183. If I were able to attend question is on agreeing to the con- us two days. Even though we had a clo- today’s session, I would have voted yes ference report to accompany H.R. 3183. ∑ ture vote yesterday clearly dem- Mr. LEAHY. I ask for the yeas and on the conference report. Mr. HATCH. Mr. President, today the onstrating very substantial support for nays. the bill, we have now sat at parade rest The PRESIDING OFFICER. Is there a Senate voted 80 to 17 in favor of the for almost 30 hours because someone sufficient second? Energy and Water appropriations bill, insisted on 30 hours postcloture despite There appears to be a sufficient sec- H.R. 3182. I praise Chairman BYRON L. the fact that we will have a strong vote ond. DORGAN and Senator ROBERT F. BEN- for this conference report. The clerk will call the roll. NETT, the Republican ranking member, The reason for the insistence on 30 The bill clerk called the roll. and the other members of the Energy hours occurred was because the con- Mr. DURBIN. I announce that the and Water subcommittee for putting ference report did not include one Senator from Massachusetts (Mr. together what I consider to be a good amendment that was accepted in the KERRY) and the Senator from Lou- bill and certainly a big improvement Senate offered by one of my colleagues. isiana (Ms. LANDRIEU) are necessarily over the energy budget sent to us by I supported that amendment by the absent. the President.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24927 Knowing that the funding measure ways been at the heart of America’s these distractions and stand on the would pass, I chose to vote against this economy, and it does not make sense side of the American people. bill, which funds the Department of for insurance companies to get a free That is what this debate is about. It Energy, as a signal to the Obama ad- pass. As competition shrinks, profits is about individuals who send us to ministration and the DOE that Amer- soar. A public option is the only way to Washington to fight for their rights ican taxpayers want and need a serious restore choice to the marketplace. It is and defend their interests. It is about pro-energy plan, not the anti-energy the key to freedom, accountability, families who sit around the kitchen strategy being pushed on us by the and fair play. That is why I will not table in Illinois and across America. United Nations Intergovernmental compromise on this point. They open their pocketbooks and write Panel on Climate Change, which this On Tuesday, our colleagues in the Fi- larger and larger checks every month. administration has adopted. nance Committee reached a new mile- They are wondering when we will have When the Secretary of Energy testi- stone on the long road to reform. They the courage to act on our convictions. fies before Congress that he believes it became the last of five committees in We must not delay another moment. is his job to cut carbon-dioxide emis- both the House and the Senate to take If we fail to act, health care coverage sions by 80 percent in the next 40 years, up this legislation. When they passed will continue to increase in price and then we know our Nation does not have their version of the bill, it was the fur- decline in quality. Let us rise to the an energy policy; rather, we have an thest any health reform measure has challenge. Let us seize this moment. anti-energy policy. Cutting our Na- ever come. Now let us make it a re- There is no doubt the Senate is the tion’s emissions by 80 percent would ality. greatest deliberative body on the face provide two certain outcomes: First, I congratulate my distinguished col- of the planet. Throughout our history, reducing CO2 at that reckless pace leagues on their significant achieve- contentious arguments such as this one would certainly devastate our economy ment. I applaud their leadership on have played out on the floor of this and ruin our Nation’s global competi- this difficult issue. But it was dis- Chamber and the old Senate Chamber tiveness. Secondly, according to the appointing this legislation did not in- down the hall. The world knows this U.N.’s own calculations for CO2’s clude a public option. As we move for- Senate can debate. But let it now show warming ability, it would result in no ward and merge the Finance Com- them we can also act. Let it show them perceptible reduction in global tem- mittee bill with the HELP Committee’s we can take action. peratures. At best, it would reduce version, I will work with my friends to I yield the floor and suggest the ab- temperatures by about 0.1 degrees Cen- make sure the combined measure does sence of a quorum. tigrade after 40 years of economic tor- include a public option. In a very short The PRESIDING OFFICER. The ture. time, every Member will have the op- clerk will call the roll. Maybe the media have fallen for this portunity to shape this important leg- The legislative clerk proceeded to dangerous distraction to a real energy islation. When this bill comes before call the roll. policy, but the polls show that the tax- the Chamber, we will have the chance Mr. REID. I ask unanimous consent payers have not. to make good on the promise Teddy that the order for the quorum call be f Roosevelt made almost 100 years ago rescinded. when he first called for sweeping The PRESIDING OFFICER. Without MORNING BUSINESS health care reform. objection, it is so ordered. Mr. BURRIS. I ask unanimous con- This pivotal debate is nearly at an f sent that the Senate proceed to a pe- end. The time for action is upon us. riod of morning business, with Sen- That means it is time to separate fact MEDICARE PHYSICIAN FAIRNESS ators permitted to speak therein for up from fiction. It is time to discuss the ACT OF 2009—MOTION TO PROCEED to 10 minutes each. facts and drown out the noise. The pub- CLOTURE MOTION The PRESIDING OFFICER. Without lic option will restore choice and com- Mr. REID. Mr. President, I move to objection, it is so ordered. petition to an insurance market cur- proceed to Calendar No. 178, S. 1776 Mr. BURRIS. Mr. President, I would rently dominated by only a few compa- and, in the process, I send a cloture like to speak in morning business. nies. The public option will spur fresh motion to the desk. The PRESIDING OFFICER. The Sen- accountability and a return to fair The PRESIDING OFFICER. The ator is recognized. practices. Premiums will come down. clerk will report. f Relative health outcomes will go up. The legislative clerk read as follows: For the first time in years, insurance HEALTH CARE REFORM CLOTURE MOTION corporations will need to compete for Mr. BURRIS. Mr. President, earlier business. They will need to be account- We, the undersigned Senators, in ac- this week I came to the Senate floor to able to customers and not only to cordance with the provisions of rule discuss some of the misinformation we shareholders. That is what reform with XXII of the Standing Rules of the Sen- have seen about the issue of health a public option will mean to the Amer- ate, hereby move to bring to a close de- care reform. Just this morning, I ican health care system. bate on the motion to proceed to Cal- joined my freshmen colleagues to When opponents of reform talk about endar No. 178, S. 1776, the Medicare knock down some of the persistent death panels, a government takeover, Physician Fairness Act of 2009. myths about reform and particularly and socialism, they are trying to dis- Harry Reid, Debbie Stabenow, Roland W. about the need for a public option. Burris, Patty Murray, Mark Udall, tract us from the issue at hand. When Mark Begich, Frank R. Lautenberg, As we prepare to consider a health they claim the Finance Committee bill Amy Klobuchar, Jack Reed, Carl bill before the full Senate, I would like will make premiums go up instead of Levin, Jeff Bingaman, Sherrod Brown, to discuss the way forward from here. I down, it is the same sleight of hand we Sheldon Whitehouse, Barbara Boxer, believe our path is very clear. The only have seen from the big corporations Kirsten E. Gillibrand, Charles E. Schu- way to achieve meaningful health care many times before. mer, Jeanne Shaheen, Richard J. Dur- reform and bring costs down is through They know they cannot win the argu- bin. a public option that will bring real ment on the merits so they are trying Mr. REID. I ask unanimous consent competition into the system. That is to change the subject. Instead of talk- that the cloture vote occur at 5:30 p.m., why I will not vote for any health care ing about American families and rising Monday, October 19, and that the man- bill that does not include the public op- costs, real health outcomes, they need datory quorum be waived; further that tion. to rely on scare tactics to maintain at 4:30 p.m. on Monday, there be 60 Insurance companies should have to their monopoly over the insurance minutes of debate equally divided and compete for your business just like any market. That is why it is time to draw controlled between the leaders or their other company. This principle has al- a line in the sand. It is time to reject designees prior to the 5:30 p.m. vote.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24928 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 The PRESIDING OFFICER. Without lation, lose congressional seats, would America’s small businesses are strug- objection, it is so ordered. do so if these numbers are counted. For gling to provide health care for their Mr. REID. I now withdraw the mo- example, Indiana, Iowa, Michigan, employees, and more people are less tion to proceed. North Carolina, Oregon, Pennsylvania, able to afford health care coverage. The PRESIDING OFFICER. The mo- South Carolina, and Louisiana—all of And while enormous pressure is placed tion is withdrawn. those would be expected to stay the on middle-income families, the largest Mr. REID. I suggest the absence of a same or gain. And if illegals are count- health insurers are seeing massive quorum. ed, they will either not gain or lose profit growth. The PRESIDING OFFICER. The seats. Wendell Potter, an executive at clerk will call the roll. So I think that is a pretty important CIGNA and some other health insur- Mr. SESSIONS. I ask unanimous con- issue. It is not something with which ance companies over the last 20 years, sent that the order for the quorum call my State is directly involved. But hav- has put it this way. He testified before be rescinded. ing dealt with the immigration issue the Senate Commerce Committee ear- The PRESIDING OFFICER. Without over some period of time, and trying to lier this year, and he said the health objection, it is so ordered. be informed about it, I hear a lot of insurance companies—and I quote f people raising this fundamental ques- him—‘‘confuse their customers and tion. I think it would be simple to fix dump the sick—all so they can satisfy COMMERCE, JUSTICE, SCIENCE constitutionally. We would simply say: APPROPRIATIONS their Wall Street investors.’’ Ask how many people are here legally That single-minded drive for profits Mr. SESSIONS. Mr. President, I join and use that to be the basis of the ap- is clear from the numbers. Here is a in support of the Vitter amendment, portionment of congressional seats, chart I have in the Chamber showing which would preclude any funding in and not using people who are not here part of the outrage. This chart dem- the CJS appropriations bill being used legally. It does not threaten people. It onstrates the massive profit increases for the 2010 census, if the census does does not mean they will be arrested or at some of our largest health insurance not include a citizenship question. anything like that or to be subject to companies. Just look at them. The Under current law, the census does not deportation. It simply means when the years for comparison are the year 2000 even ask the question about whether numbers are all in, we will know how and 2008. individuals in the United States are many U.S. residents exist in the var- In 2000, the company called citizens or not. They ask people how ious States, and from that number we WellPoint earned $226 million worth of many bathrooms and children they will be able to apportion our House of profit. That $226 million had grown to have, all kinds of things, but they Representatives and the Electoral Col- $2.5 billion at the end of 2008—an in- don’t ask a citizenship question. Con- lege for the next Presidential election. crease of 1,000 percent. gressional apportionment in the U.S. I think that is the right thing to do. Aetna, one of the biggest: In 2000, We need to get away from this other House of Representatives is based on they made $127 million worth of profit. process and urge the support of the that total population count, including Eight years later, the $127 million grew Vitter amendment. people illegally in this country. I think to $1.4 billion—an increase of 990 per- representation in Congress should be I thank the Chair and yield the floor. The PRESIDING OFFICER. The Sen- cent. based on the number of legal residents, ator from New Jersey. Humana: In 2000, they earned $90 mil- and it should not be increased because lion; in 2008, $647 million—a modest HEALTH CARE REFORM persons here illegally, not eligible to Mr. LAUTENBERG. Mr. President, I gain, only 619 percent. vote, happen to be in that State. That rise to make some comments about the United Health—one of the largest— is a matter I hear a lot about from my health care bill we are all anxious to earned, in 2000, $736 million; in 2008, $3 constituents. They ask how this is pos- see and discuss. billion, an increase of 304 percent. sible. They are shocked that is what Everyone knows a principal focus of Mr. President, we all know who paid might be happening. The truth is, it our attention now in the Senate is on the price for those profits: working- does happen. the health care reform bill, and we ex- class Americans. This condition tells So I think Senator VITTER is raising pect a major debate on the precise you what we have to be on the lookout a good question, and I believe his structure of that bill over the next few for as we develop our plan. amendment is valid. Our next census weeks. But I want to, in that connec- Just as the health insurance industry will determine the reapportionment of tion, start my remarks with a profits have risen, obviously, so has the the House of Representatives and Elec- quotation from a statement given by CEO compensation. If we look at what toral College votes each State has. the Senator from South Carolina. He has taken place over a 3-year period for The 2010 census form lacks the simple said, on June 17, 2009: the five largest health care companies, question: Are you a citizen of the If we’re able to stop Obama on this, it will the CEO pay has grown steadily, while United States of America? How accu- be his Waterloo. It will break him. workers’ pay has barely moved. The av- rate can we in Congress expect to be That is the Republican dominant erage health care CEO, over the last 3 about the composition of our popu- view on health care reform. The mis- years, in these five companies, earned lation if we do not ask that question, sion is not to do better for the Amer- $14.8 million. That was his—in this especially when some estimate there ican people but, rather, to destroy the case—all his compensation. And the av- may be as many as 12 million people il- Presidency of Barack Obama. It is an erage worker’s salary was $44,200. Look legally in the country? Indeed, I think unpleasant scene to witness. at that comparison: $14.8 million, while that probably is an accurate figure, so Almost all Americans want to see us the average working person earned it has an impact. Calculations using fix our health care system. I say ‘‘al- $44,000. There is an injustice there that some of the interim census data esti- most’’ because there is a group of peo- I think is quite obvious. mates are pretty dramatic and point ple here who love the status quo: So we look at that and say: Well, out the real impacts of this policy. health insurance companies and their what is happening here? A single Using the American Community Sur- lobbyists and CEOs. health insurance CEO earns approxi- vey of the Census Bureau, their esti- Everyone knows health care costs mately 335 times that of the average mates for State population, including have skyrocketed, and that means ev- worker in this country. It is absolutely noncitizen and citizen populations, is erybody pays more. But when working ridiculous. It is scandalous—scan- instructive. The discrepancy in num- people are under assault to pay more, dalous—when we think about the bers for reapportionment using those it could cause a catastrophic con- struggle people go through to keep different figures is significant. For ex- frontation with funds, with money for their families healthy and, at the same ample, States that might otherwise ex- food and education and other ordinary time, take care of the bare needs for pect to gain or expect not to lose popu- but essential expenses for living. existence.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24929 In New Jersey, for example, the larg- the health of America’s working fami- like one of these people on the other est health care insurer is Horizon Blue lies. Surely these families and their side to stand up with them face to face Cross Blue Shield. Last year, the CEO children are as critical with their con- and say, no, I don’t think we ought to of that nonprofit, Mr. William Marino, tributions to America’s well-being as help you. I don’t think we can afford to made $5.4 million—a nonprofit com- those profiteering from their sweat and help you. I don’t think my colleagues pany. Although it is a company with- toil. with whom I have an industry connec- out profit, it certainly was pretty darn This debate is about our commitment tion would like it if I helped you. profitable for Mr. Marino. to the millions of Americans who work Too bad. Too bad, I say. I hope we Let me be clear. While health insur- hard every day, pay taxes, care for gain some sense and some visibility in ers and CEOs have made out like ban- their kids, but risk the chance of losing this debate over the next several dits, the industry has been increasing everything because of a single illness. weeks. premiums relentlessly. According to a We declare here and now that we will With that, I yield the floor and note new report from the Kaiser Family not allow exaggerated profits to breach the absence of a quorum. Foundation, insurance premiums for the primary obligation we have to all The PRESIDING OFFICER. The American families more than doubled of our people to protect them from as- clerk will call the roll. during the last 10 years. We see it: sault, whether from terror, natural dis- The assistant legislative clerk pro- three times faster than wages over the aster, or from the scourge of disease. In ceeded to call the roll. last 10 years. That is what has hap- the wealthiest country in the world, no Mr. UDALL of New Mexico. Mr. pened with health care. one should be left out and left behind President, I ask unanimous consent Premiums, which now average more because government won’t respond to that the order for the quorum call be than $13,000 a year, are the highest cost their cries for help. rescinded. on record. The chart shows it very I close with a reminder to those in The PRESIDING OFFICER. Without clearly, that this expanding premium this Chamber that our obligation far objection, it is so ordered. cost has gone way beyond the average exceeds the attention it has gotten f family to be able to afford to pay the over the years; far exceeds any stretch rate. of decency that we can muster; that we HONORING OUR FALLEN HEROES If today’s CEOs cared as much about do something about it, that we show Mr. UDALL of New Mexico. Mr. the public’s health as their own finan- part of the shame we all feel when we President, I rise today to mourn the cial wealth, our system would not look look at millions of people who have no untimely deaths and celebrate the lives this way. We are stuffing the greedy health insurance in this country while of two New Mexico heroes. One died and starving the needy. That is the sit- we see the compensation and the just last week from injuries he sus- uation we are in. growth of these companies. I am a cor- tained while serving his country in Af- It is time to reshape health care in porate person. I come from having run ghanistan. The other was killed this this country once and for all. It is time a very large corporation, one of the past June in a helicopter crash after to make the insurance industry ac- largest and one of the best in the coun- rescuing a stranded hiker lost on the countable so that health insurance try called ADP. It has over 240,000 em- Santa Fe Baldy Mountain. works for the people in our country. It ployees. A couple of other fellows and I Both men served their countries with is time to lift the curtain of despair so distinction and honor. Both were raised those without insurance can get it, and started that company. I took a look at the fellow who is now running that in families with a strong tradition of those who are in dread fear of losing it public service. Both said ‘‘Choose me’’ can stop worrying. It is time to say company. The company made over $1.5 when they were needed the most. Both that in the richest Nation in the world, billion last year and his salary was $1 paid the ultimate sacrifice. They are decent health care belongs to everyone million. He does a good job. Some people here, largely on the Army SFC Kenneth Westbrook and in our country. other side—almost exclusively on the New Mexico State police sergeant An- The reality is, we spend 11⁄2 times more per person on health care than other side, except for one courageous drew Tingwall. I would like to tell you any other country, and yet even as we Senator who stood up and said she is about them today. pour more and more money into health not going to let this go by without try- Sergeant Westbrook’s career in the care, Americans’ health has not im- ing to do something serious about it— military began more than 20 years ago proved. want to take the role of doctors and after he graduated from Shiprock High Just take infant mortality. The in- they want to write a prescription to do School in northwest New Mexico. He fant mortality rate in the United nothing but obstruct and say no. They married his childhood sweetheart, States is a telling marker of how well want to say no to those looking to gov- Charlene. Along the way, they had a society delivers health care. Infant ernment for help and no to those des- three children—Zachary, Joshua, and death rates in our country have been perately in need of health care. All Joseph. going up for the last 40 years. Now the they say is no, no, no. I summarize the He served in the Persian Gulf war United States has a higher infant mor- Republican view and their health care and did numerous other stints overseas tality rate than 40 other countries in mission. Theirs is a missile gone in places such as Korea and Germany. the world, including Cuba, Sweden, astray. Kill the Obama presidency with He was a proud member of the Navajo Taiwan, and most of Europe. By any this Waterloo, regardless of the number Nation. He loved to hunt and fish, build metric, we are not delivering health of casualties among the citizenry. model military vehicles, and was an ex- care in our country fairly, fully, or effi- Their victory will be won with the po- pert chef and grill master. ciently, and the time for change is litical destruction of the Obama mis- His brother says Kenneth was look- upon us. sion. ing forward to retiring from the mili- Many in this Chamber have been I say ‘‘no’’ is not the answer. It is tary and spending more time with his working for decades to reform our sys- time for us to act. I hope our col- family when he got the call for one tem so children, the working poor, and leagues in this Senate will look in the more tour of duty—this time to Af- the sick get the care they deserve. No mirror and see how they would feel if a ghanistan. As much as he cherished the one worked harder than my former child suddenly comes up with a condi- idea of spending more time with his seatmate and dear friend, Senator Ed- tion that is long lasting and that is family, Kenneth knew what he had to ward M. Kennedy. Today we are on the hard to deal with. I have a grand- do: Of course, I will go, he said. Ken- verge of a sweeping overhaul. We are daughter with diabetes. I have a grand- neth believed in the work being done in proud of Senator Kennedy for all the son with asthma. Fortunately, they Afghanistan, his brother said. And if years he labored so hard. have good health care. I am able to af- the Army needed him to complete that This Senate and the President and ford to pay it. But there are lots of peo- work, there was no question he would the House must do the right thing for ple in this country who can’t. I would be there.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24930 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 Kenneth was gravely wounded on Tingwall proved his merit there, serv- and a friend of mine, came to the floor September 8 when his unit was at- ing as chief pilot of the unit—the and carried on this dialog and debate. tacked by insurgents in Afghanistan. youngest man to ever have that title. When you consider the Senate Chamber He was quickly flown to Walter Reed Sergeant Tingwall was known by his is supposed to be about debate, it is all Army Medical Center for treatment. colleagues, friends, and family for his good that he would do that. But I do That is where I met his wife Charlene heroism and love of the sky, saving want to take exception to a couple of and other members of his family. That many lives in his time with the State things my friend Senator KYL said. is where Sergeant Westbrook died from police. In 2008, he was celebrated as Of- Let me say at the outset, between his injuries last week. ficer of the Year by the New Mexico 1998 and 2000, under President Clinton, Military families are a special group Sheriffs and Police Association and our Nation ran a fiscal surplus. It is of people. Every day they face sac- would have received a Medal of Valor hard for many people now, when they rifices and challenges the average per- in June, but for Sergeant Tingwall, look at a multi-trillion-dollar deficit, son can’t imagine. They do it with that day would never come. to imagine just a few years back we did grace and strength and an unwavering Sergeant Tingwall was in the middle have a surplus. We actually reduced belief in the country they call home. of saving the life of a stranded hiker on the Federal debt in those 2 years by That is what I saw the day I visited June 9 when tragedy struck. He and his $236 billion, our economy was doing Charlene and Sergeant Westbrook’s spotter, Officer Wesley Cox, had lo- well, creating jobs and businesses. That three boys. I saw a strength made even cated the stranded hiker and Sergeant is what President George W. Bush in- more striking when you realize this Tingwall was transporting her to safe- herited when he came to office. tragedy wasn’t their first. ty when the helicopter struck a moun- Between 2001 and 2009, when Presi- dent George W. Bush was in office, the Four years earlier, almost to the day, tainside and crashed. another Sergeant Westbrook died. His After the crash, as he had throughout economy grew. Normally you would think this period of economic growth older brother—SGT Marshall Alan his career, Sergeant Tingwall put the would lead to an improved fiscal pic- Westbrook—was killed in Iraq when an safety of others before his own. Despite ture since tax receipts for government improvised explosive device detonated being severely injured, he managed to usually grow with the economy. In- near his humvee in Baghdad. pull the hiker from the wreckage be- stead, under President Bush our Nation The Westbrooks have given more fore they both died from their injuries. ran deficits during his term of nearly than most families. Their tight-knit Sergeant Tingwall was just 36 years $7 trillion. The cumulative Federal family has paid the ultimate sacrifice, old. debt more than doubled under Presi- and for the Westbrooks, it happened Duty, honor, country—three words dent George W. Bush, who inherited a not once but twice. As Americans, we you hear often when talking about surplus from President Clinton. It went often take for granted our freedoms, those who commit themselves to a life up from $5.8 trillion in 2001 to $12.7 tril- but we should never forget those whose of public service. Sergeants Westbrook lion in 2009. sacrifice makes those freedoms pos- and Tingwall personified those words, At the end of the Bush administra- sible. both in the way they lived their lives tion, the economy faced the worst cri- Sergeant Westbrook will be laid to and in the way those lives ultimately sis since the Great Depression, the re- rest on Friday in Farmington, but he ended. cession we are now encountering. That will forever live in the memory of New New Mexico is proud to honor these is what President Obama inherited Mexicans. true American heroes. To their fami- when he was sworn in 9 months ago. This story of New Mexican heroism lies, we say thank you and ask them to Back in February, the Congressional doesn’t end there. I would also like to accept the thanks of a grateful State Budget Office estimated that, assuming talk about New Mexico State Police and a grateful nation. continuation of budget policies that SGT Andrew Tingwall, who was killed I suggest the absence of a quorum. were in effect in January of this year, last June in a helicopter accident after The PRESIDING OFFICER (Mrs. the Federal budget deficit would aver- rescuing a stranded, lost hiker. Ser- MCCASKILL). The clerk will call the age more than $1 trillion each year geant Tingwall is being honored on Fri- roll. over the next 10 years and would climb day with a posthumous induction into The bill clerk proceeded to call the higher in later years. That estimate the New Mexican Military Institute roll. was developed based completely on the Alumni Association Hall of Fame, Mr. DURBIN. Madam President, I ask budget policies that the current Presi- which I helped nominate him for. His unanimous consent that the order for dent inherited from the previous Presi- honor is for Eminence in a Chosen the quorum call be rescinded. dent. So to argue that the Nation’s fis- Field. Similar to Sergeant Westbrook, The PRESIDING OFFICER. Without cal woes should be all laid at the door- Andy Tingwall’s chosen field was serv- objection, it is so ordered. step of President Obama overlooks the ice—service to his community, service The Senator from Illinois is recog- obvious. Given the soaring debts and to his State, and service to his coun- nized. woeful economy he inherited, it cer- try. Mr. DURBIN. I thank the Chair. tainly is not defensible. Known as ‘‘Ting’’ to his friends, Ser- (The remarks of Mr. DURBIN per- America will run a fiscal deficit this geant Tingwall graduated from the taining to the introduction of S. 1789 year and it will be a large deficit, there New Mexico Military Institute in are located in today’s RECORD under is no question about it. In an economy Roswell in 1991 and joined the U.S. Ma- ‘‘Statements on Introduced Bills and such as this, where there is so little rine Corps shortly after. During his Joint Resolutions.’’) private sector demand, we have tried to military career, he became a jump- f create through stimulus packages, re- qualified reconnaissance marine and investment, and recovery good jobs and THE FEDERAL DEBT served with Delta Company’s Fourth economic activity that will revitalize Reconnaissance Battalion. He contin- Mr. DURBIN. Madam President, we our economy. ued his distinguished career as a New have had an ongoing debate on the Why did President Bush have such Mexico reservist from 1993 to 1995, floor about health care reform, its cost, record-breaking deficits during his ten- when he joined the New Mexico State whether it is going to add to the def- ure? I can tell you that he was the first Police. icit. We had an exchange yesterday or President in the history of the United Eventually, he became lead instruc- the day before with Senator MCCON- States to call for tax cuts in the midst tor for the Training and Recruiting Di- NELL, the Republican leader. We talked of a war—in fact, in the midst of two vision of the New Mexico Law Enforce- a little bit about the debt America wars. Giving tax cuts to the wealthiest ment Academy before joining the New faces and how this debt came about. people in the Nation during a war is Mexico State Police aircraft section, Senator KYL, my Republican coun- counterintuitive. A war is an added ex- where he became a pilot. Sergeant terpart, Republican whip from Arizona pense to a nation, over and above the

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24931 ordinary costs of government, and to being conducted in Washington spend- sured, and subsidize insurance for low- cut revenue sources by giving tax cuts ing that has resulted in huge national income people, all without having a to those in higher income categories deficits. People sometimes think that cost? We need to examine that. drove us deeper and deeper into deficit. Republicans and Democrats are just The CBO says the Finance Com- In addition, President Bush during bickering, but the truth is that we mittee bill would cost $829 billion over his term passed the Medicare Prescrip- have never had deficits such as these in 10 years, but they say it is not going to tion Drug Program. I think it was a the history of our country—perhaps increase the deficit. It will increase the good program, although there were only during the peak of World War II, number of people covered but not in- changes I certainly would have made when we were in a life-and-death strug- crease the deficit. before I would vote for it. But the fact gle with millions of men and women in The Washington Post wrote: is that the President did not pay for it. combat from one end of the globe to The Finance Committee’s bill is the only It was added to the deficit which the the other. legislation on the table that meets Obama’s current President has inherited. It is The fiscal year 2010 deficit is $1.4 tril- objectives [. . .] all for less than $900 billion little wonder then that the debt grew lion. It is predicted to average $1 tril- over 10 years, and without adding to the def- dramatically during President George lion for the next decade, without relief icit. Bush’s time in office. in the outyears. People often ask me: So that has been the spin. That has Having said all of this, we have to do When are we going to start paying it been the statement from the media. something serious about this debt. I back? There is no plan to do so. There The President said in his September think we have to focus on putting this is not even any plan to reduce the size address to Congress that he would not economy back on its feet, getting peo- of the deficit. In years 8, 9, 10, we are sign a health care reform bill that adds ple back to work, making sure that talking about over $900 billion in an- one dime to the deficit. Senator BAU- businesses have credit, making certain nual deficits. Interest today on our CUS, the Finance Committee chairman, that the money spent by our govern- total debt is $170 billion, will rise to said: ment is spent well, without waste. $800 billion in 1 year and that is just Our balanced approach in the Finance Those are certainly monumental tasks the interest on the money we must bor- Committee to health reform has paid off for us to face. But to say that this row in order to carry these deficits once again. health care reform is going to add to that are not being reduced in the out- He said the bill was ‘‘a smart invest- the deficit is to overlook the obvious. years. It is unthinkable. ment on the federal balance sheet.’’ President Obama has told Members of A lot of people think that the high Would that it were so, but that is not Congress: Don’t send me a health care deficit is due to costs from a health an accurate statement. The American reform bill if it adds to the deficit. The care reform bill. Health care reform people know you cannot expand cov- Senate Finance Committee bill that will add to the deficit, but is not cur- erage for millions of the uninsured passed this week did not add to the def- rently counted in the numbers I ref- without incurring cost. There is no icit. In fact, it reduced the deficit over erenced because the Congressional such thing as a free lunch. Money bor- a 10-year period of time. So we have Budget Office did its scoring before any rowed has to be repaid. If you make ob- taken President Obama’s admonition health care bill was written. We don’t ligations to expand the federal govern- seriously. have a final bill, so CBO couldn’t score ment’s role in our health care system, In a week or two, we will start the it accurately anyway. you must have the money to back it debate over the future of health care in The public debt will go from $5 tril- up. this Nation with the understanding lion to $11.7 trillion in 5 years and tri- So how can the CBO make such a re- that whatever we do has to be paid for, ple to $17 trillion in 10 years, tripling port? It is not because they are dis- that we cannot leave it as a debt to fu- the national debt. The total debt from honest. It is because they scored the ture generations. It is an awesome re- the founding of the American Republic bill the Washington way, and the bill sponsibility and challenge we face. It is will be tripled. That is a big deal. was written by Members of this body one I think we are up to, that the My colleague, Senator DURBIN, and and staff who understand the Wash- American people would feel Congress our Democratic colleagues have taken ington way. They write the bill in such had dropped the ball and had failed if great pleasure in attacking President a way to hide its true cost. Republicans we do not end up with health care re- Bush. I was critical of President Bush’s have done this in the past, but we are form. We have a lot of issues to work spending, but his average deficit was reaching new levels of it today. out among us. I hope Senator SNOWE on $250 billion, which was too much and Under the Baucus plan, true costs are the Republican side will be joined by big. However, this year’s deficit is hidden. The bill’s requirements that all other Senators who can in good faith going to be $1.4 trillion. That is the individuals have insurance does not join in trying to solve some of these deficit as of September 30, for this fis- fully phase in, for example, until 2014. awesome problems we face, problems cal year. And we will carry an average However, new fees on insurers, medical we have inherited. It is a major respon- deficit $900 billion annually in the com- device companies, drug manufacturers sibility and one we accept with the ing years. You can blame the origins of and cuts to hospitals and doctors take leadership of the President to help us the deficit on President Bush if you effect almost immediately. For exam- find that solution. want to, but President Obama’s budget ple, hospitals will take cuts and see I yield the floor and I suggest the ab- for the next 10 years, scored by the more patients beginning in 2010, but in- sence of a quorum. Congressional Budget Office, continues dividuals are not required to have in- The PRESIDING OFFICER. The to score deficits at $900 billion. Regard- surance coverage until 2014. If you are clerk will call the roll. less, we are spending too much money. an insurance company, you will face The bill clerk proceeded to call the Republicans are guilty of it, and so are increased taxes and new annual fees be- roll. the Democrats. They promised to do ginning in 2010, but again—individuals Mr. SESSIONS. I ask unanimous con- better after they got elected this time, are not required to have insurance sent that the order for the quorum call but I haven’t seen any progress, frank- until 2014. Doctors’ pay is kept stable be rescinded. ly. in 2010, but under the Finance Com- The PRESIDING OFFICER. Without The media has reported recently that mittee legislation, doctors are ex- objection, it is so ordered. the valuation of the Finance Commit- pected to take a 25-percent pay cut be- f tee’s health care bill by the Congres- ginning in 2011. sional Budget Office was quite positive. Why have we been engaging in these THE NATIONAL DEBT They said—you may have heard the budget gimmicks? Both parties have Mr. SESSIONS. Madam President, phrase—that it was deficit neutral. been guilty of doing this. Why don’t we the American people are rightly very How did that happen? How can you add just make the difficult decisions? We concerned about the reckless spending millions of people to the rolls of in- have succeeded in balancing the budget

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24932 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 in the past. But under the Sustainable est and more effective and more pro- I do not think there is anyone in here Growth Rate formula as it applies ductive and save $300 billion, that who takes a look at the fiscal policy we today, our physicians the people that money should stay in Medicare and are on—and have been on for a long take care of us—would take a 25-per- Medicaid. Medicare is going broke. We time—and feels very comfortable about cent cut in 2011. So, Congress fixes the know that to be true. Medicare experts it. It is not sustainable and we have to formula, so to speak. We now call it and the trustees issued a dire warning change it. But I do want to say this. It the doctors’ fix. We arrange for a short- that unless measures are taken to was not too long ago that this country term solution that keeps doctors’ pay shore up the program, it will be insol- went to war and, at the same time, cut from being cut, but do not address the vent by 2017. We have known that for a taxes and did not pay for a penny of the larger problem. If Congress were to fix long time. These $400 billion in cuts is war. In fact, even now we have people the physician pay formula for 10 years, very unlikely to happen. The rest of saying: Let’s send 40,000 more troops to we would have about $300 billion more these basically are new taxes. I do not Afghanistan. I do not hear anybody in costs to figure in to our budget as a have time to go into them now. suggesting we pay for that. What is deficit. The proposal that came out of But imagine this scenario: your fam- that going to cost? the Finance Committee proposes to ily is running in a shortfall and you do I will talk next week about my inter- raise the doctors’ fees for 1 year. It not have enough money for your busi- est in what is happening in Afghani- does not propose what is absolutely ness and you have agreed that you stan. I have been there. I have some necessary: a 10-year fix for doctor pay. would take on a Saturday job to make real concerns about sending a lot of ad- So, the Chairman acts as if an update more income, would it be smart to buy ditional troops to Afghanistan and to doctor pay will not happen in 2011 so a new car? You have a debt. You are about our vital national interests. But that the bill does not have to reflect trying to pay it down. let me say, whether it is fighting a war the true costs. And Congress will up- You take on more taxes, take on an- or deciding to send 40,000 more troops date doctor pay, as it has every year other job to bring in more income, but, to another country, it costs money. Is since 2002. in the midst of that, you start a new everybody here willing to pay for it? The bottom line is this: the true spending program? That is exactly Anybody willing to pay for it? costs of the Finance Committee bill what the Finance Committee bill pro- We have talked about this for years. will not begin until the new provisions poses. Instead of getting Medicare on a We are in the middle of a war. We send are all phased in in 2014. sound footing, this bill raises taxes to men and women to the battlefield, and The Senate Budget Committee esti- create a new program. Supporters act the fact is, not a penny of it has been mates—and I am a member of the com- like we should be thankful because it is paid for. In the previous administra- mittee—show that the Finance Com- deficit neutral, they say. That is not tion, they insisted on tax cuts and pur- mittee bill cost for 2014 to 2023 is actu- accurate. I know it, and every Senator suing a war strategy in Iraq and send- ally $1.8 trillion. So although CBO says in this body ought to know it if they ing troops to Afghanistan and not pay- that it costs $829 billion from 2010 to have been around here very long. ing for a penny of it. That also results I am sorry about where we are head- in Federal budget deficits, and we have 2019, if you look at numbers from 2014 ed. This sort of scoring is the kind of to resolve them. to 2023, the cost is $1.8 trillion—twice flimflam financial management that The fact is, we cannot continue to de- as much—because the full benefits and has put us on the road to tripling the scribe a level of government the Amer- expenses don’t kick in until then that debt of the United States in 10 years. It ican people are unwilling or unable to period. is an abomination. Our children will be pay for, and we have to get this fiscal Budget gimmicks used to offset the paying interest on our debts for the policy under some control. Republicans bill are misleading. This is not an hon- rest of their lives. Indeed, the interest and Democrats together are going to est way to represent the bill’s costs, on our national debt today is $170 bil- have to reconcile this. We must do it. and it is designed for political reasons. lion. In 10 years, CBO says it will be It is designed to make the score look f $800 billion a year. Yet we spend only better than it is and to hide the true WALL STREET $100 billion a year on education, by cost of enacting this legislation. contrast. Mr. DORGAN. Madam President, I Let me use a chart. So I say, somehow we have to slow came to the floor to talk about some- The PRESIDING OFFICER. The Sen- down, make some difficult choices, and thing else today. On the way to the ator has used the existing time limit. recognize that we do not have the Capitol this morning, I was thinking of Mr. SESSIONS. I ask unanimous con- money to do everything we would like this: a quote by Will Rogers. I heard on sent for 3 additional minutes. to do. We do not have the money, and the radio again today that we have a The PRESIDING OFFICER. Without Congress must be more serious and couple things going on. No. 1, we have objection, it is so ordered. more committed to improving Medi- a whole lot of folks who have lost their Mr. SESSIONS. The Senate Finance care, saving the program, and not home in the last quarter, with a record Committee bill is paid for in a number going hog wild with new programs that number of home foreclosures in our of ways. Perhaps one of the most un- we do not have the money to fund. country—and then, in the same news- justified claims is that we are going to I thank the Chair for allowing me to cast, $140 billion in bonuses to be paid produce $404 billion in cuts to Medicare go over and I yield the floor. by the major firms on Wall Street. I and Medicaid to fund an entirely new The PRESIDING OFFICER. The Sen- am thinking maybe these are two dif- program. ator from North Dakota. ferent countries or at least two dif- First, it is doubtful that Congress Mr. DORGAN. Madam President, I ferent economies. Here is what Will will actually vote to cut $400 billion ask unanimous consent to speak in Rogers said many decades ago. He said: from Medicaid and Medicare. However, morning business for 20 minutes. The unemployed here ain’t eating regular, CBO must assume we are going to cut The PRESIDING OFFICER. Without but we’ll get around to them as soon as ev- it because that it included in the Fi- objection, it is so ordered. erybody else gets fixed up OK. nance Committee bill. CBO also as- f The unemployed ‘‘ain’t’’ eating reg- sumed in their budget that we were ular, but we will get around to them going to raise a lot of tax money by THE DEFICIT when everybody else gets fixed up. being more efficient in tax collections Mr. DORGAN. Madam President, I Well, last year we watched some big last year, but those new collections did know my colleague from South Dakota shots steer this economy into the not materialize either. The IRS said is waiting. I will try not to consume ditch. It caused an unbelievable finan- they wouldn’t get them, and they were the entire 20 minutes. But let me first cial wreck. It has had an impact on ev- right. Our number one priority, if we talk about deficit for a moment, since erything in this country. The fact is, were to somehow make Medicaid and my colleague from Alabama described we need to reform the system that al- Medicare more efficient and more hon- that. lowed that to happen. But—do you

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.000 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24933 know what?—as to the story I heard wealth from the balance sheet of American loans and commitments to some of the this morning about $140 billion of ex- households, and more than two years since biggest financial enterprises in the pected bonuses to be paid by the top 23 serious cracks in the financial system be- country and then you see $140 billion in firms on Wall Street, the fact is, less came apparent. Yet while the system has compensation and bonuses from those been stabilized and the worst of the crisis firms? There is something disconnected than a year later, after the economic has passed, little has been done to keep an- collapse in this country, we see these other meltdown from happening. here. I want our financial system to work. stories: The Los Angeles Times: ‘‘The Finan- The U.S. has lent, spent or guaranteed $11.6 I am not someone who comes to the cial Meltdown: Crisis has not altered floor of the Senate who says invest- trillion to bolster banks and fight the long- Wall Street.’’ est recession in 70 years. ment banks are worthless. That is not Bellwether firms led by Goldman Sachs my point. We need investment bank- By the way, ‘‘banks’’ here mean the Group are churning out mouth-watering biggest financial institutions in the ing. But we also need to understand we profits. Risk-taking and aggressive securi- cannot take FDIC insured banks, those country. ties trading are mounting a comeback. And that are insured by the Federal Gov- The Wall Street Journal, August 31 compensation—the lifeblood of Wall Street— ernment, and decide it is OK if you of this year: is pushing back toward pre-crisis levels. trade on your own proprietary ac- The Wall Street Journal, October 14: Wall Street is suiting up for a battle to counts on risky enterprises such as de- ‘‘Wall Street On Track To Award protect one of it richest fiefdoms, the $592 rivatives. That is all right. That is not trillion over-the-counter derivatives market. Record Pay.’’ That was yesterday. all right. They may just as well put a . . . Five U.S. commercial banks, including Major U.S. banks and securities firms are JPMorgan Chase & Co., Goldman Sachs keno pit or a craps table right in the on pace to pay their employees about $140 middle of the bank lobby. Just call it Group Inc. and Bank of America Corp., are billion this year—a record high. . . . on track to earn more than $35 billion this Total compensation and benefits at . . . what it is. It is simply flatout gam- year trading unregulated derivatives con- firms analyzed by the Journal are on track bling with the taxpayers’ money. tracts. to increase 20% from last year’s $117 billion— As we end this issue of financial re- This story is what we have been read- and to top 2007’s $130 billion payout. form, there are a lot of ideas around. ing day after day. Total compensation and benefits at What do you do to make sure this does Steven Pearlstein: ‘‘The Dust Hasn’t 23 major Wall Street firms—this, from not happen again? I wish to make this Settled on Wall Street, but History’s the Wall Street Journal—you can see point: There is a doctrine called too big Already Repeating Itself.’’ what has happened—2009—a record in to fail. We have seen it in practice in the last year: interests that are too The Wall Street herd is at it again. Even as the last 3 years. Nothing has changed. the cleanup crew is carting away the debris CNN news: big, banks, investment banks espe- cially, that are too big to fail, and so it left by the last financial crisis, the invest- . . . there really is . . . this disconnect ment banks, hedge funds and exchanges are still between what’s happening on Wall is no-fault capitalism. Whatever risks busy working on the next one. Street . . . and what’s happening with the they have taken, whatever losses they I will go through these in a hurry be- every day Joe. We talked about record home have had, the taxpayer picks that up to cause there is a narrative here that is foreclosures once again, as we said these the tune of $11 trillion in exposure pretty easy to see. problems with employment, worries about from Federal programs. The New York Times: ‘‘A Year Later, whether benefits, jobless benefits are going Well—do you know what?—when the to continue. Little Change on Wall St.’’ dust is settled, and whatever is done on On the flip side, . . . major banks and secu- financial reform, if we do not address One year after the collapse of Lehman rity firms are on pace to pay employees $140 this issue of too big to fail, shame on Brothers, the surprise is not how much has billion this year . . . a record high. changed in the financial industry, but how us. In fact, the very firms that are de- And so it is. It was said once that in- clared too big to fail are now getting little. vestment banks are to productive en- . . . banks still sell and trade unregulated bigger, supported by the Federal gov- derivatives, despite their role in last fall’s terprise like mud wrestling is to the ernment, and that is flat wrong. chaos. performing arts. Well, I don’t know, I Let me quote Professor Joseph The Washington Post, September 15: guess that was tongue in cheek. We Stiglitz: ‘‘The Wall Street Casino, Back in Busi- need investment banking in this coun- . . . our bail-outs run the risk of transfer- ness.’’ try. It is essential for the creation of ring large amounts of money . . . to those capital. It can, working properly, assist banks that did the worst job in risk manage- Wall Street’s actual role is more like that this country, and has assisted this ment. . . . In effect, the government is tilt- of a giant casino where the gamblers are re- country in lifting our economic oppor- ing the playing field—towards the losers. warded for taking outrageous, unconscion- ... able risks with other people’s money. If the tunities. bets pay off, the gamblers win. If the long- But we have all too often, in recent Paul Volcker says: shot bets turn out to have been foolish, we’re years, seen the creation of exotic finan- I do not think it reasonable that public the ones who lose. cial instruments that have almost money—taxpayer money—be indirectly available to support risk-prone capital mar- The Washington Post, September 8: nothing to do with creating wealth, ex- ket activities simply because they are ‘‘A year after Lehman, Wall Street’s cept for those who trade them and housed within a commercial banking organi- Acting Like Wall Street Again.’’ those who created them. That is what zation. [Wall Street] still operates on the principle steered this country into the ditch. The question at the end of the day is, of taking care of itself first, really big and CDOs, credit default swaps, unregu- Are we going to address these things, [most] important customers second, every- lated derivatives, dark money—a lot of such as too big to fail and get rid of no- one else last. people got wealthy trading it. The fact fault capitalism and see if we cannot The Wall Street Journal, August 22: is, it created an unbelievable bubble of push investment banking to that which ‘‘Bankers Play Dress Up With Old risk that began to wind this economy it used to be? I hope so. But on today, Deals.’’ down and finally steered this economy a day in which we hear of record home Irresponsible securitization helped bring into a serious wreck last fall. The ques- foreclosures and $140 billion in bonuses the financial system to its knees. Yet, as tion is, What do we do about that? and compensation on Wall Street, I banks start to heal, little seems to have Well, when you hear on the same news- just say there is some huge disconnec- changed. Wall Street has quickly fallen back casts that we reached a record number tion in this economy of ours and it is on old habits. of home foreclosures and people are something we ought to care about and The Washington Post, September 11: still losing their jobs, and then, on the something we ought to do something ‘‘Wall Street’s Mania for Short-Term other hand, we see the very same inter- about. Results Hurts Economy.’’ ests that have been at the trough of the This country works best when we lift It’s been a year since the onset of a finan- Federal Reserve Board for at least $8 the country, when we expand the mid- cial crisis that wiped out $15 trillion of trillion, at risk by the taxpayer, in dle class, when we have jobs available

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24934 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 to people who want to work. There is ber of the members of the White House companies—would be passed on in the no social program in this country as to hammer out what will eventually be form of higher costs or premiums to important as a good job that pays well. the bill I suspect will come to the floor health care consumers in this country That is what makes everything else of the Senate. I say that only because without being more specific or quanti- possible. the process has been very much flawed fying in any more precise way what But this question of financial heal- from the beginning. It is not one that those increased costs would be. Never- ing—when, first, the healing occurs to is inclusive in terms of allowing ideas theless, they said basically the same those who caused the problem, and the from our side of the aisle to be incor- thing we have seen in all of these var- healing occurs in record compensation, porated. It has not been a bipartisan ious bills, and that is that health care $140 billion, at a time when other peo- process, to say the least. costs—coverage, premiums—are going ple are struggling to pay their grocery My guess is that at the end of the to go up. We are going to have higher bills, struggling to buy the medicine day, what comes out of the leader’s of- premiums. they need, struggling to make their fice will be a very different bill than In the last week or so we have now house payment because they have lost anything we have seen so far. But I seen two studies where independent an- their job, there is something missing in think there are certain characteristics alysts have looked at this and con- this country. in that bill that have been in all of the cluded the same thing. In fact, the My hope is, when I see all these sto- bills. I think we know a few basic PricewaterhouseCoopers study from a ries about Wall Street—the same old things about all of the bills so far that few days ago went so far as to say if Wall Street, nothing has changed, are consistent, those things that have you are an individual buying in the in- going right back to the same old risk, not changed. dividual marketplace, you are going to right back to the same old risk because The first one is it will lead to higher see your health care premiums go up they know, they have learned in the premiums. The second one is it will about $2,600 if this bill becomes law. last year, whatever they lose, the lead to higher taxes. The third one is it That would be in the year 2019 at the American people will pick up the tab— will include cuts in Medicare. So those end of a 10-year window, which is what this Congress had better say to them: three basic characteristics are the the people who analyze these things No more, no longer, never again. Too same with regard to all of the bills, the look at. So it is about a $2,600-per-per- big to fail is a doctrine that cannot three that have emerged from the com- son increase in premium if you are continue to live at the Federal Reserve mittees in the House of Representa- buying on the individual market. Board or in this government. It is time tives and now the two that have If you are a small employer who is those at the top at the biggest institu- emerged from Senate committees and employing 50 or fewer employees or an tions who take the biggest risks, when are currently being married up in the individual who is employed at one of they lose—it is time they lose, not the leader’s office. those small businesses, you would see American people. I predict when that bill comes to the premiums increase $2,100 if you are an So we are headed toward financial re- floor of the Senate, the American peo- individual. If you are a family, you form. When that happens, I will be on ple will have the same thing to look would see premiums increase $5,400 the floor of the Senate talking about forward to that they have now with all under the bill that was produced and the too-big-to-fail doctrine and how we of these various bills: higher premiums, emerged from the Senate Finance Com- are going to end it, and quickly. higher taxes, and cuts in Medicare. mittee. So whether you are an indi- Mr. President, I yield the floor. Why is that significant? It is signifi- vidual buying on the individual mar- The PRESIDING OFFICER (Mr. cant for this reason: Health care re- ketplace or whether you are getting WHITEHOUSE). The Senator from South form, at least as stated in terms of its your insurance through your employer, Dakota is recognized. purpose, is to lower costs. For the past you will see higher premiums, higher Mr. THUNE. Mr. President, I ask decade and beyond we have been talk- health care costs according to this unanimous consent to speak as in ing about health care costs in this analysis. If you are a family, it is the morning business for up to 20 minutes. country and how we have to do some- same thing. It is just a varying dif- The PRESIDING OFFICER. Without thing to rein in the escalating costs ference in the amounts, but it is any- objection, it is so ordered. people deal with every single year for where from $2,100 up to $5,400 of in- f health care and double-digit increases creased premium costs, according to in health care costs for many of those the PricewaterhouseCoopers study. HEALTH CARE REFORM years. This week there was a study released Mr. THUNE. Mr. President, earlier So the whole purpose of health care by Oliver Wyman which came to the this week the Senate Finance Com- reform, at least my understanding of conclusion that if you buy your insur- mittee, by a vote of 14 to 9, reported it, and I think as stated by the Presi- ance on the individual marketplace, out its version of health care reform. dent and others, is that we need to rein you will see a $1,500 increase for single That makes now five committees that in and get control of health care costs coverage and $3,300 for family coverage have acted on this issue, five commit- in this country. That is why it is ironic annually. That is exclusive of inflation. tees of jurisdiction—three in the House that of the five bills so far that have That doesn’t include the normal infla- of Representatives and two in the Sen- emerged from House and Senate com- tionary costs that we deal with year in ate—all of which have now at least put mittees, none bend the cost curve and year out for health care in this out their products. But I say that down. All increase premiums for people country. This study concluded the loosely because what emerged from the in this country, increase the costs for same thing the Pricewaterhouse- Senate Finance Committee was not, in health care coverage. Coopers study did; that is, whether you fact, legislative language; it was a con- In the Senate Finance Committee buy on the individual marketplace, cept paper. It is yet to be reduced to bill—the most recent version, which, as whether you get it through your em- legislative language. That will take I said earlier, was reported out this ployer, if you are an individual or you some time, I suspect, because many of week by a 14-to-9 vote—there wasn’t a are a family, you will see higher pre- the concepts that were included in the direct assessment or estimate of what mium costs. As I said, in this par- concept paper are pretty complex. that increase in premiums would be. ticular study, it is $1,500 for single cov- So what is happening now on the There were simply generalized com- erage, $3,300 for family coverage annu- issue of health care reform, at least in ments by the Congressional Budget Of- ally. the Senate, is in the leader’s office. fice that, yes, these increased taxes in They also broke it down State by The chairman of the Health, Edu- the bill would be passed on generally State, which is important because I cation, Labor, and Pensions Committee dollar for dollar. In other words, the think everybody wants to know how is meeting with the chairman of the Fi- taxes that are imposed—a 40-percent this is going to impact our constitu- nance Committee, and I suspect a num- excise tax on some of these insurance ents, including my constituents in

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24935 South Dakota. In this particular case, that tax burden would lie. Under the According to the Joint Committee on if you are someone buying on the indi- Congressional Budget Office estimate, Taxation, families earning 150 percent vidual market and you are an indi- 89 percent of the higher taxes in this of the Federal poverty line—and that is vidual buying a single policy, you will bill produced by the Senate Finance $32,200 of income in this country; that see your health care premiums go up 47 Committee would fall on those wage is, 150 percent of the Federal poverty percent. If you are someone who has a earners, those taxpayers in this coun- line—will face an effective marginal family buying on the individual mar- try earning less than $200,000 a year. tax rate of 59 percent, meaning that for ketplace, buying a family policy, you They went so far as to say that, I think every additional dollar these taxpayers are going to see your premiums go up it was 71 percent of those—and that earn, they are losing 59 cents of it in 50 percent. If you are in the small was in the year 2019—71 percent of that foregone subsidies in taxes: Effective group market, if you have the good for- tax burden would fall on those earning marginal tax rate, 59 percent on a wage tune of being in a larger group, you under $200,000 a year when the bill ini- earner who is making—that is 150 per- will see, if you are an individual, your tially kicks in. cent of the Federal poverty level or premiums go up 14 percent. If you are So we are going to see significantly $32,200. So there are lots of higher a family in a small group market, you higher taxes on people making under taxes in this legislation and lots of will see your premiums go up 15 per- $200,000 a year, according to the Con- higher premiums. cent, exclusive of inflation. So those gressional Budget Office. Of course, the final point I will men- are two recent studies where inde- The Joint Committee on Taxation tion, and the other point we know is pendent analysts have looked at the has also analyzed this issue, and they consistent in all the bills, is significant bill produced by the Senate Finance came to some conclusions earlier this cuts in Medicare. Under the Senate Fi- Committee and concluded there would week as well, one of which was that, nance Committee, there is almost a be significant increases in premiums similarly, we would see almost 90 per- half trillion dollars’ worth of cuts in and in what people would pay for cent of the tax burden under this bill Medicare in the form of Medicare Ad- health care in this country. falling on those households with in- vantage, which is about $133 billion So it begs the question: How is this comes under $200,000 a year. They went that will be cut out of seniors who are reforming health care? The stated pur- so far as to say that more than half of receiving benefits under Medicare Ad- pose of health care reform is to lower the tax burden would fall on those vantage: hospitals, home health agen- costs, to drive down costs for individ- households with incomes under $100,000 cies, hospices, pharmaceuticals—every- uals and families. As you can see from a year. So almost 90 percent of the tax body gets a haircut under this pro- these studies, that certainly isn’t the burden falls on wage earners, taxpayers posal, all of which I would argue is un- case. Of course, the Congressional with incomes under $200,000 a year, and likely to happen. Here is why. Budget Office, as I said earlier, indi- over half of the tax burden falls on Anytime Congress has enacted cated in response to questioning about those wage earners, those taxpayers changes in Medicare that were designed the Senate Finance Committee that al- with incomes under $100,000 a year. to achieve savings, they inevitably go That is according to the Joint Com- though they hadn’t drilled down and back and reverse course. We have lots mittee on Taxation. figured out exactly what those pre- of history to support that assumption. So what does that mean? Well, that But, nevertheless, let’s assume for a mium increases would be, that inevi- means the President’s promise that minute these taxes did occur. tably you would have higher premium health care reform would not impose A $500 billion, or $1⁄2 trillion, cut in costs simply because the taxes imposed taxes on those earning less than Medicare that impacts seniors and under the legislation would be passed $250,000 is just a bunch of hot air. It health care providers in this country on to health care consumers, and ev- just doesn’t add up. We have the Joint will be one of the results of the reform erybody who is buying health care out Committee on Taxation and the Con- legislation that is being proposed by there would see their premiums in- gressional Budget Office all saying that the Democrats in the Senate. The Fi- crease, generally speaking, dollar for the disproportionate share of these nance Committee’s version of that is dollar. That was the conclusion of the taxes—the tax burden—about 90 per- the most recent. So that is $1⁄2 trillion Congressional Budget Office. cent is going to fall on $250,000 and So higher premiums, that is the first in Medicare cuts, $1⁄2 trillion in tax in- under and over half, over 50 percent of thing we know about all of the health creases, and $1.8 trillion in new spend- the tax burden, falling on income earn- care reform plans so far that have been ing when it is fully implemented. ers, wage earners, taxpayers in this put forward. There was sort of a smoke-and-mir- country with under $100,000 in income. The second thing we know as well, rors approach used to shield the true So the whole idea that somehow with certainty, is that they all include cost of this by having the revenues working families are going to be spared higher taxes. The House versions of kick in immediately. The tax increases from the higher taxes under this bill this legislation used payroll taxes. kick in right away, but the actual just doesn’t hold water. So what we are They have an employer mandate—what costs under the plan don’t kick up for going to see in this bill is not only we refer to as a pay-or-play mandate. about 41⁄2 years. You have all these tax higher premiums that are going to af- There are additional, I guess you would increases hitting people right away, fect people across this country who are say, ‘‘add-on’’ taxes for people who are and so the 10-year cost of this is under- expecting, because they have heard in higher income categories, so they fi- stated significantly. CBO said $829 bil- that health care reform is supposed to nance it with different forms of taxes. lion over the first 10 years. I think the lower their health care costs—they are The tax increases proposed by the Sen- important number to look at is what is going to see higher premiums. Pre- ate Finance Committee—as I said ear- the cost of this when fully imple- miums are going to go up. They are lier, there is an individual mandate, so mented over a 10-year period. It is $1.8 also going to see their taxes go up, and if you don’t have insurance, you will trillion. That is $1.8 trillion in new go up significantly because if you look pay penalties. That will be a certain spending, which is financed with higher at the Joint Committee on Taxation— tax or fee on individuals in this coun- taxes, cuts in Medicare, and, ironically, and this is a letter that was written in try which will hit a lot of lower income no savings to health care consumers response to questions that were raised individuals. But the insurance compa- because every analysis done says it is by members of the Senate Finance nies which would be hit with these tax going to lead to higher premiums. I Committee, and it says: increases, of course, would then pass argue as well, in addition to higher pre- Subsidy phase-outs raise marginal tax those on to health care consumers. So, rates because for every additional dollar you miums, there will be higher taxes and again, we see increases in taxes. earn, you are eligible for a smaller subsidy, Medicare cuts. What the Congressional Budget Of- imposing potentially high effective tax rates You are also going to see a signifi- fice did with respect to the issue of on that additional dollar and reducing your cant reduction in the quality of service taxes is, it did go so far as to say where incentive to earn that additional dollar. in this country, as you have more and

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24936 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 more government expansion in Wash- million people in this country without I ask unanimous consent to add Sen- ington, DC, more and more government health insurance. In spite of $1.8 tril- ator MIKULSKI and Senator TOM UDALL involvement in the decisions that are lion in spending, new taxes, higher pre- as cosponsors of S. 1685. made. The government will now put miums, and everything that goes with The PRESIDING OFFICER. Without mandates on what types of policies that, you are still not getting many of objection, it is so ordered. meet their threshold, their standard. I the people who don’t have health insur- Mr. SANDERS. We are all saying think, inevitably, in every model ance covered. that in the midst of this major eco- around the world where you have that We think the bill that will be nomic downturn, the worst recession level of government intervention, it brought before the Senate—we don’t since the Great Depression, while we leads to a rationing of care, denials of know what it is at this point because it are keenly concerned about the 9.8 mil- care, and delays with respect to care. is being written behind closed doors—is lion Americans who are unemployed of- I argue that the whole idea of this the wrong approach, and the correct ficially, the Americans who have given being characterized or labeled as re- approach is a step-by-step process that up looking for work, the millions of form is completely mislabeled. There is addresses the shortcomings, the flaws, Americans who are working part time nothing that is reform about this. It and attempts to fix those in a way that when they want to work full time— raises premiums, raises taxes, and cuts doesn’t bust the bank or the budget, when you add that all together, that is Medicare. I think you are going to see, that doesn’t raise taxes on consumers something like 17 percent of our work- in addition to that, diminishment in and raise premiums for health care force, about 26 million Americans. We the services that are available to peo- consumers, and that doesn’t cut Medi- are concerned about that issue, and we ple in this country through many of care for seniors across this country and have to do everything we can to make these programs. for many of the providers that are out sure we get this economy going in a What is the alternative? We believe there. way that benefits not just Wall Street that rather than throwing the entire Mr. President, I hope that as the but ordinary Americans. health care system overboard in this American people listen to this debate, While we remain concerned about the country, we ought to be looking at they will engage on this issue; that the need to start creating the millions of what we can do on a step-by-step basis bill—whatever comes out of the discus- jobs the middle class in this country to improve it. Republicans have offered sions going on in the leader’s office, I desperately need, we cannot turn our a number of alternatives. We can allow hope there is an ample amount of time backs on the senior citizens of this buying insurance across State lines. for the American people to analyze it country. What we are seeing today is We believe interstate competition in and for Members of the Senate to di- that millions of seniors are facing ex- buying insurance would put downward gest it. This is literally one-sixth of tremely high prescription drug costs. pressure on prices in this country. That the American economy. We are talking They are facing very high health care is a good solution. We can have small about reorganizing one-sixth of our en- costs. We have to address that issue. business health plans, allowing small tire economy. We should do it with The legislation I introduced—and it businesses to join groups. Group pur- great deliberation and great diligence was introduced by Congressman DEFA- chasing power will bring downward and with a great amount of care and, I ZIO in the House—would provide a one- pressure on insurance prices. By the argue, not by throwing the current sys- time $250 payment for more than 50 way, that is something a number of us tem overboard and wrecking it but by million seniors and disabled veterans. voted for many times here in the Con- taking a step-by-step approach that We would pay for that cost of about $14 gress. It has always been defeated. improves the system we have today billion by raising the Social Security Also, we can deal with the issue of and provides access to those who don’t tax on people who earn between $250,000 medical malpractice reform, which, ac- have health insurance and does some- and $359,000, on a 1-year basis—about cording to CBO, has significant sav- thing to bend the cost curve down and $14 billion. ings—$54 billion. That applies to the drive health care costs down rather What I am delighted about is that government side of health care. If you than raising them, like all the bills yesterday President Obama announced extend that to private health care—I that have been produced by the Demo- his support for the concept of a $250 think there are estimates that defen- cratic majority in the Congress. one-time payment to our seniors on So- sive medicine in this country costs $100 I yield the floor. cial Security and to disabled veterans. billion to $200 billion annually. So if The PRESIDING OFFICER. The Sen- He did not yet determine, in his judg- you could address that issue that deals ator from Vermont is recognized. ment, the best way to fund that pro- with litigation costs and defensive Mr. SANDERS. Mr. President, I wish gram. I think it is a real step forward medicine, you would see savings grow to spend a few minutes talking on an that he is doing that. I am delighted over the estimates of the CBO. issue that I think is of concern to tens that the majority leader, Senator REID, Having said that, those are several of millions of senior citizens. Before has also been very strong on saying we things, just off the top right there, that that, I ask unanimous consent for Sen- have to make sure our seniors get some we think are step-by-step improve- ator CHAMBLISS to follow me on the help this year, as has Speaker PELOSI ments in our health care system in this floor. and the chairman of the Ways and country. That doesn’t throw overboard The PRESIDING OFFICER. Without Means Committee, Congressman RAN- everything that is good about Amer- objection, it is so ordered. GEL. I think we are making some real ican health care. It doesn’t move us to- f steps in the right direction. ward a government plan or a single- SOCIAL SECURITY Let me quote what the President said payer system like they have in Europe, because I think he was right on: Mr. SANDERS. Mr. President, as you Canada, or someplace like that. It pre- Even as we seek to bring about recovery, serves the competition we have in the know, today the Social Security Ad- we must act on behalf of those hardest hit by marketplace today and a market-based ministration announced there will be this recession. That is why I am announcing delivery system for health care in this no COLA, or cost of living increase, my support for an additional $250 in emer- country. next year for more than 50 million sen- gency recovery assistance to seniors, vet- We will continue to talk about those iors. That is the first time in 35 years erans, and people with disabilities to help ideas, as well as many others, includ- that situation has occurred, and it wor- them make it through these difficult times. ing providing tax credits that will give ries me very much. These payments will provide aid to more About a month ago, I introduced leg- than 50 million people in the coming year, access to health care for those who relief that will not only make a difference don’t have it. There is a way to do that islation which the occupant of the for them, but for our economy as a whole, that is very simple. chair is a cosponsor of, along with Sen- complementing the tax cuts we’ve provided By the way, the Baucus bill, the Fi- ators LEAHY, DODD, STABENOW, BEGICH, working families and small businesses nance Committee bill, still leaves 29 and CASEY. through the Recovery Act.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24937 I very much appreciate that support 90, he was still driving out on summer Leagues, and before Sports Illustrated from the President. nights to cover minor league baseball even existed. The bottom line is that this legisla- games. Ever since, with wit and style, tion is now in our jurisdiction. My In his career, Furman scored many Furman Bisher has chronicled the tri- hope and expectation is that we are journalistic knockouts, including a umphs and the travails of the sports going to move it as quickly as possible. 1949 interview with Shoeless Joe Jack- world and its often all too human he- With the President’s support, we son, the only one Jackson ever gave re- roes. should be able to accomplish that in a garding his involvement in the 1919 Furman is leaving the AJC at almost short while. Black Sox scandal. 91 years old, and he is still going In Vermont, I can tell you there are He got stock tips from Ty Cobb and strong. While we may not be seeing his many seniors making the difficult watched every Masters, including Jack column on a regular basis, I am quite choice about whether or not to heat Nicklaus’s 1986 Masters victory, which sure we have not heard the last of their homes or pay for prescription he gloried in. He sat in the press box at Furman Bisher. As Furman would say, drugs. Those are choices Americans countless Falcons games at Atlanta- selah. I am thankful for Furman should not have to make. Many seniors Fulton County Stadium and the Geor- Bisher. are also going to be seeing an increase gia Dome and covered the Olympics, I yield the floor, and I suggest the ab- in the cost of Medicare Part D. both winter and summer. sence of a quorum. If we do not deliver on this one-time He wrote 11 books, including co- The PRESIDING OFFICER. The $250 payment, you are going to see mil- authoring two editions of a Hank clerk will call the roll. lions of seniors with a reduced amount Aaron autobiography. At the Masters The assistant legislative clerk pro- in their Social Security check. That is Tournament in Augusta every April, ceeded to call the roll. Mr. CASEY. Mr. President, I ask not acceptable. Furman reigned among the azaleas and unanimous consent that the order for I think we are making some progress oaks as the dean of the sports press the quorum call be rescinded. on this issue. Again, I thank Senator corps. The PRESIDING OFFICER. Without REID for his strong support, Speaker In a testament to his longevity in a objection, it is so ordered. PELOSI for her support, and most im- tough business, Furman has covered portant, the President for his support. every Kentucky Derby since 1950 and f Let’s get this done on behalf of seniors every Super Bowl but the first one. AFGHANISTAN AND PAKISTAN and disabled veterans. I think we will Furman even branched out into TV. Mr. CASEY. Mr. President, I know have done something that is very im- Although I did not grow up in Atlanta, the hour is late and many are ready to portant. I have heard from many people that end the week. I wish to say a few words With that, I yield the floor and sug- preachers across the city would cut a tonight about the challenge we have gest the absence of a quorum. sermon short so that their congrega- with regard to Afghanistan and Paki- The PRESIDING OFFICER. The tions could be home for Furman’s kick- stan and our strategy going forward. clerk will call the roll. off on ‘‘Football Review.’’ I spent some time in the last couple The assistant legislative clerk pro- Along the way, he earned the respect of weeks talking about the obligation ceeded to call the roll. of his colleagues and the loyalty of his we have in the Senate to have a full de- Mr. CHAMBLISS. Mr. President, I readers, garnering writing awards too bate on these issues and not simply to ask unanimous consent that the order numerous to mention. Red Smith is ac- point down Pennsylvania Avenue and for the quorum call be rescinded. knowledged as probably the dean of all say the White House has to do this or The PRESIDING OFFICER. Without journalists from a sports perspective, that or the President has to do this or objection, it is so ordered. and Furman Bisher has often been re- that. f ferred to as the ‘‘Red Smith of the It is important, I believe, that the South.’’ He served as president of the RETIREMENT OF FURMAN BISHER President and his team have taken the National Sportscasters and Sports- kind of time they have to get the strat- Mr. CHAMBLISS. Mr. President, I writers Association from 1974 to 1976, egy right with regard to Afghanistan rise to honor a giant in the world of and of the Football Writers Association and Pakistan. But I believe the Con- journalism, Furman Bisher. of America from 1959 to 1960. His fea- gress has a role to play. If we simply Last Saturday, after nearly 60 years tures have appeared in The Saturday fall into partisan corners with regard of elegant observation of the sports Evening Post, Golf Digest, and Sports to our strategy in Afghanistan and world for the Atlanta Journal-Con- Illustrated, to name but a few. dust off and reintroduce talking points stitution, my friend Furman Bisher In 1961, Time magazine named him from the war in Iraq, we will not get it pecked out his last and final column one of the five best columnists in the right; we will get it wrong. before retirement on the thinning keys Nation. I would argue that even today, I believe we have to listen to a lot of of his trusty, old Royal typewriter. His that honor still fits. different points of view. The President choice of instrument to convey his No less than the great Jack Nicklaus has undertaken that kind of review, thoughts in this age of instantaneous, said of Furman’s retirement: and we have to do that as well. inane chatter says a lot about why He might be turning in his last column for Part of that is doing what we have newspaper readers, after all these the newspaper, but Furman will never stop already begun to do, which is to have a years, have continued to seek out his writing or giving his opinion. I guess you series of hearings. column on the AJC’s sports page. could say that when it comes to the last In the Foreign Relations Committee, It all comes down to this: Furman’s writings of Furman Bisher, I will believe it we have had a number of hearings. I graceful prose, courtly voice, and sharp when I don’t see it. know the Presiding Officer, as a mem- observations are unfailingly backed up Furman would close every column ber of the Intelligence Committee and by his old-fashioned shoe-leather re- with a single valediction—the word his work as a Senator, has engaged in porting. He gloried in doing his home- ‘‘selah,’’ a Hebrew word that ends this review as well. We are trying to work, making that extra call, inter- many Psalms and that exhorts the get different points of view in front of viewing one more player or assistant reader to reflect. us. I know Chairman KERRY and the coach or trainer in order to breathe It is appropriate then to reflect on Foreign Relations Committee have had even more life into the game or the Furman’s long, fruitful career, one too many hearings to count, and not race or the fight for his readers. that began in Atlanta as the Korean just in the last couple of weeks but It is also why Furman has become a war was starting, when Joe Louis was over many months. Georgian—and American—institution. still boxing, when the Minneapolis Chairman LEVIN and the Armed Serv- Simply put, Furman Bisher loved Lakers were the NBA champs, before ices Committee have outlined a strat- sports and he loved journalism. At age Willie Mays had joined the Major egy, or at least an approach to part of

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As documented by the tion has been paid to the development ing the United States and other coali- National Democratic Institute, the of proper financing of local governing tion partners bear this responsibility International Republican Institute, De- institutions. Provincial government is solely. Chairman LEVIN has spent a mocracy International, and a host of underfunded, and that opens the door good deal of time trying to contribute other international observers, the elec- to local level corruption. to this debate. tions in Afghanistan saw widespread Local and international development We have heard both Democrats and fraud amid an atmosphere of escalated nongovernmental organizations often Republicans contributing to this dis- violence. We saw many of these prob- take the lead in local development cussion. As much as we have heard lems coming before the elections, and projects, which can serve to minimize about General McChrystal’s report and despite having years to prepare, there the role of the provincial government his recommendations—and we have is still not a reliable voters list, which at a time when we need their role to be heard a good bit about that, and we opened the possibility of wholesale strengthened in terms of what people should, and we have heard an awful lot fraud on election day. The ‘‘single non- see. So just at a time when you need about his recommendation with regard transferable vote system’’ for the pro- strong evidence of local government, to troop levels, almost exclusively, vincial government elections has led to sometimes the NGOs are doing a lot of General McChrystal’s recommenda- candidates gaining seats with only a the work. While the international community tions about troops. few actual votes. On election day, If you read his report—the report many citizens were too scared to vote, has not paid enough attention to the that is now public—he talks at length citing Taliban threats to bomb polling development of local governing struc- tures, the Taliban, unfortunately, un- in that report about every topic under stations or literally cut fingers off of derstands the importance of connecting that heading and does refer to troops, voters. Afghanistan itself can and with the people at the local level. Over but he also talks about at least three should take several concrete steps or the past few years, the Taliban has es- areas. One, he talks about security. Ob- measures to address these issues prior tablished shadow governments across viously, as the commander, he should to the next election, including fixing the south which mete out their form of address that issue, and he does. But he the voters list, considering moving Sharia justice. They have ombudsmen also talks about governance and devel- away from the single nontransferable who travel from district to district to opment. Those three areas are criti- voter system, and enhancing the secu- gauge the work of the Taliban shadow cally important. We can get the troop rity environment for voters in the government and their officials. And of level right and get the whole strategy preelection period and on election day. course we know that Mullah Omar, the wrong. Even if we focus on security, I would add to this that when I was former head of the Taliban-led govern- in Afghanistan and Pakistan back in which obviously involves troop levels ment, now runs the so-called Quetta August with Senator BROWN and Con- and military determinations we have Shura—QST as it is known by its acro- gressman ZACK SPACE, we had several to make, we have to get it right with nym—and they have produced a 30-page briefings and one of them was on the regard to development and also with manual, believe it or not, on how best election. One point that was made we regard to governance. to win the favor of the local popu- shouldn’t lose sight of. This election, I note for the record an article lation. from—I do not have it in front of me, for all the fraud that we know is on the So the Taliban is not just thinking in but I will refer to it. The New York record now, for all the problems, the military terms. They have already not Times on October 2 had a story about security environment was generally just thought about but have begun to General McChrystal’s approach to the good. The fact that despite those implement a governing strategy, and strategy, but he was quoted in that threats by the Taliban an election took our government—our strategy—and story talking about debate and delib- place in a time of war and under an ad- also the Afghan people, as well as our eration. verse, difficult security environment coalition partners—have to think this I have been listening to some people shouldn’t be glossed over. It was a sig- through as well and get it right. It is who talked about what he is recom- nificant challenge. So we had a lot of important we get this right—the gov- mending. One would think all he did fraud, but in terms of security there is erning part of our challenge—as much was put together a report, send it to some good news on the security front. as we get the military part of this Washington, and the report said ‘‘add Organized representation of any citi- right. troops’’ and that is all he had to say. zen’s interests in Afghanistan also re- The Afghan Government should General McChrystal—I am para- mains underdeveloped. The electoral make every effort to devolve power and phrasing—did refer to both debate and system disincentivizes the develop- resources to the local level to bring deliberation to get the strategy right. ment of vibrant party structures. This good governance as close to the people He also said we do not have the luxury is problematic, because without polit- as possible. The provincial reconstruc- of moving too fast. I think that is in- ical parties—it is hard for us to under- tion teams can help and play a sup- structive of what he has been recom- stand this is still a problem—without porting role, but this essential connec- mending. political parties that can help to orga- tion between the Afghan citizen and I want to talk tonight briefly about nize and represent the policy concerns government must be an Afghan-led en- one of those three areas, not security of the people, there is little hope that terprise. or development, but governance, and in the Parliament’s legislation can truly Let me conclude with this thought particular talk for a moment about reflect the will of the Afghan people. about the judiciary. The Taliban are elections and other aspects of govern- Governing institutions in Afghani- threatened by a strong judiciary, as ance as well as the judiciary. stan have atrophied over decades of evidenced by its deadly attack on the I know the Senator from Rhode Is- civil war and Taliban rule and have Ministry of Justice in Kabul earlier land, the Presiding Officer, is a mem- begun to develop other problems as this year. High levels of endemic cor- ber of the Senate Judiciary Committee well, but institutional reform is vitally ruption, insufficiently trained staff, and a former prosecutor and under- necessary. We know that the idea of a and a complicated system of western, stands how important the judiciary is strong central government in the his- customary, and Sharia law hinders the to a functioning democracy. We have a tory of Afghanistan is somewhat of a Afghan Government’s ability to pro- ways to go and the Afghan people have foreign concept. In recent years, the vide justice for its people. This is per- a ways to go between here and there, international community has placed an haps the biggest threat to the Afghan

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Through his service, he could provide, the Taliban has filled While the security situation is increas- helped preserve the safety and security the void. Thus a majority of legal dis- ingly grave, between 79 and 91 percent of the American people. It now falls to putes are settled outside of the state’s of the population remains opposed to all of us to take up this responsibility formal justice system. With little trust the Taliban and their brand of violent and ensure that the cause Sergeant in the government, the population can politics and their brand of justice. I Kirk gave his life for is won for his wife easily turn to the Taliban for a swift, hope we can consolidate on the gains and young daughter. brutal form of justice. made in Afghanistan and seriously I ask my colleagues to join me and As we ramp up our efforts to train begin to address the severe short- all Americans in honoring the life of the Afghan National Police force, we comings that remain in the democratic SGT Joshua Kirk. must at the same time consider par- development of the country. STAFF SERGEANT KURT R. CURTISS allel reforms that must take place In conclusion, I would say that de- Mr. HATCH. Mr. President, I rise within the formal justice sector. We spite all the bad news about the secu- today to pay tribute to U.S. Army SSG must support Afghan efforts toward in- rity environment, which is news we Kurt R. Curtiss of Utah who made the stitutional reform in the Ministry of need to hear, we need to put it in the ultimate sacrifice for his country on Justice so that the local population context of the two other challenges be- August 26, 2009. The staff sergeant died will not rely only upon the informal yond security—governance and devel- from injuries sustained from enemy justice sector, or worse, turn in fact to opment. I have pointed out some real small arms fire in Paktika Province, the Taliban for justice. problems with the governance, espe- Afghanistan. Staff Sergeant Curtiss There has been noteworthy progress cially as it relates to the judiciary, but was leading his unit into a hospital in some democratic institution build- we have had some progress on health trying to rescue patients trapped inside ing within the country. First, by way and on education. We need to accel- when the attack occurred. of example, the Ministries of Defense erate and develop that and incentivize Staff Sergeant Curtiss was assigned and Interior are often recognized for it and get it right, but we have seen to Headquarters and Headquarters their positive efforts. And while consid- some good news. Company, 1st Battalion, 501st Para- erable work remains to be done, each So I think as we debate this strategy chute Infantry Regiment, 25th Infantry has made significant strides in recent going forward, those of us in the Sen- Division, Fort Richardson, AK, in sup- years. I can say from somewhat of a ate who have a role to play here and port of Operation Enduring Freedom. firsthand observation that both De- who feel the obligation to get this On the day after the September 11 at- fense Minister Wardal and Interior right have to focus on more than just tacks, Kurt Curtiss enlisted in the Minister Akmar, two ministers we met security and troops and the military. Army. He wanted to protect his coun- with on our trip in August and sat We have to make sure that we get try and make the world a better place. down with, indicated to me they have a strategies in place to enhance and in- This call to service led to two tours in strong sense of where they have to go crease the governance priority as well Iraq and a final tour in Afghanistan. to develop the Afghan army and police as development. We will talk more at The sense of patriotism exhibited by force, the security for the country. But another time about development. his actions provides a striking example they still have to demonstrate that I thank the Chair and yield the floor. to us all. over time. No matter who ultimately f Early in his youth, Staff Sergeant wins the Presidential election, I hope Curtiss learned of selflessness and ac- HONORING OUR ARMED FORCES that the Afghan Government will re- ceptance as he grew up in a home tain these important ministers, who SERGEANT JOSHUA KIRK where his mother cared for over 60 fos- have the institutional knowledge of Mrs. SHAHEEN. Mr. President, it is ter children. He will be remembered for success and of clear plans for continued with deep sympathy and a heavy heart his love, devotion, compassion, and development. that I express my condolences to the humor. Curtiss loved life. He was a car- Second, the health sector, in par- family of SGT Joshua Kirk who was ing man who always placed others be- ticular, has seen impressive gains since killed on October 3 in Afghanistan. fore himself, a characteristic exempli- the fall of the Taliban government. Joshua was serving his second tour of fied by his final moments. Today, in Afghanistan, 82 percent of duty as part of Operation Enduring Staff Sergeant Curtiss left behind a the population lives in districts with Freedom. The American people will wife and two young children who I hope access to a government-provided forever be grateful for his ultimate sac- can find solace in the immense grati- health care package, up from 9 percent rifice. tude that our Nation owes for his self- in 2003. That is a bit of good news we Sergeant Kirk enlisted in the Army less service to his countrymen. We are don’t often hear about, but I am sure in the spring of 2005, joining the 4th In- forever in his and his family’s debt. there is progress yet to be made there fantry Division based out of Fort Car- Therefore I know that I am joined by as well in terms of health care. son in Colorado Springs, CO. He was all of my colleagues in the Senate in Third, the education sector has seen originally from Thomaston, ME and at- mourning the loss of SSG Kurt R. Cur- improvements as well. In 2001, less tended Southern Maine Community tiss, our protector and hero. than 1 million children—probably College, where he met his wife Megan f about 10 percent of the school-aged of Exeter, NH, and earned a degree in population—were enrolled in elemen- construction technology. REMEMBERING SENATOR EDWARD tary or secondary education, and al- Joshua believed deeply in his mission M. KENNEDY most none of them were girls at that and in the cause of freedom for which Mr. KIRK. Mr. President, yesterday time. Today, more than 6 million chil- he and seven of his fellow soldiers sac- evening, President Obama delivered an- dren are enrolled, 2 million of whom rificed their lives together. Words will other eloquent tribute to Senator Ed- are girls. So there has been measurable not assuage the anguish each of these ward M. Kennedy. I am sure my col- and significant progress in Afghanistan soldier’s family will feel, nor the sense leagues will be pleased and touched to despite the recent deteriorating secu- of loss at Fort Carson when these brave see it, and I ask unanimous consent rity environment. men failed to return home, but we hope that excerpts from the tribute may be

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printed at this point in the RECORD. I and commit yourself to acting a little no- The thing is, even though he never tech- also ask unanimous consent that a se- bler. nically ran the Senate, it often felt like ries of tributes to Senator Kennedy I still remember the first time I pulled Teddy did. It was his arena. That’s why, if from ‘‘The Hill’’ newspaper on August open the drawer of my desk and saw the you came to the Senate hoping to be a great names like Taft and Baker; Simon and senator someday, he was who you went to 29, 2009 may be printed in the RECORD. Wellstone—and Robert F. Kennedy. I see first. I know that’s who I went to see There being no objection, the mate- thought of the great battles they’d waged first. Because rather than lord over it, Teddy rial was ordered to be printed in the and how they still echoed through the Sen- sought to mentor others to better navigate RECORD, as follows: ate chambers. And one can’t enter the cham- it. Rather than to go it alone, he sought co- EXCERPTS FROM REMARKS BY THE PRESIDENT ber without thinking of the momentous de- operation, he never hesitated to cede credit. AT AN EVENT CELEBRATING THE EDWARD M. bates that have occurred within its walls— Rather than abandon course when political KENNEDY INSTITUTE FOR THE UNITED questions of war and peace; of tangled bar- winds got rough, he always followed his STATES SENATE gain between North and South; federal and north star—the cause of a society that is (Ritz Carlton Hotel, Washington, DC, Oct. 14, state; of the origins of slavery and prejudice; more fair, more decent, and more just. And 2009) of the unfinished battles for civil rights and through all of it, his seriousness of purpose equality and opportunity. was rivaled only by his humility, his The PRESIDENT: Thank you so much. It was where Americans of great eloquence warmth, his good cheer, his sense of humor. Thank you, Patrick, for that generous intro- deliberated and discussed the great issues of That is who Ted Kennedy was. That’s what duction, and for ensuring that the Kennedy the age; where Webster and Clay and Cal- he did. And that’s why he’s so missed. . . . family spirit of public service lives on as houn fought and forged compromise; where For it is now—especially now—that we strong as ever. . . . And to Vicki and all the members of the LBJ stalked the aisles, imposing his will and need to get people interested in our public Kennedy family—to Ted and Kara, obviously collecting votes; and where Ted Kennedy problems, and reignite their faith in our pub- Patrick—there are few who are not inspired raged at injustice like a force of nature, even lic institutions, bring Americans together to by the grace and love that all of you have after a staffer would hand him a note saying, forge consensus and understand not just the shown throughout a difficult time. ‘‘Sir, you’re shouting.’’ United States Senate’s role in our govern- Our friend Ted left us less than two months At its worst, it could be a place where ment—but their role in it at well. ago. In the days that followed, we gathered progress was stymied. There was a time, of Today, the Senate is engaged in another in Boston to celebrate his life—with a joyous course, when there were no desks for women, important battle on one of the great causes Irish wake of sorts at the John F. Kennedy or African Americans, or Latino Americans, of our time, and the cause of Ted Kennedy’s Library, and with heavy hearts on Mission or Asian Americans. There was a time when life—the battle to make health care not a Hill. We watched as mourners lined the a Senator might have referred to another as privilege for some, but a right for all. He has streets of Massachusetts and Washington in a—I like this—‘‘noisome, squat and nameless been so sorely missed in this debate; espe- the rain to say a final thank you; and as dec- animal,’’ just to name one instance of the oc- cially now that we’re closer than we’ve ever ades’ worth of his colleagues and staff lined casional lack of decorum. And we should all been to passing real health reform. But even the steps of the Capitol to say a final good- view it as a positive sign that there hasn’t though we took a critical step forward this bye. We smiled as the Caucus Room in the been a caning on the Senate floor in more week, we’ve got more work to do. And I hope Russell Building, a room where so much than 150 years. That’s good. and believe that we will continue to engage American history was made, was renamed But at its best, it was what Ted Kennedy each other with the spirit of civility and se- for the three Kennedy brothers who served loved; a place of community and camara- riousness that has brought us this far—a there. derie where Senators inspired their col- spirit that I think Teddy would have liked to And over those days, there was some small leagues to seek out those better angels and see. measure of comfort in the fact that millions work collectively to perfect our union, bit by More than a half century ago, a Senate of Americans were reminded of Ted Ken- bit. And in my time in the Senate, I never committee was set up to choose the five nedy’s legacy, and a new generation came to met a colleague, not even one with whom I greatest senators of all time. No, it wasn’t know it. His legacy as a man, who loved his most deeply disagreed, who didn’t have a an exercise in the Senate’s own vanity—it family and loved his country. His legacy as a deep sincerity in his or her beliefs, an abid- was because there were five empty spaces senator, who crafted hundreds of pieces of ing love for this country, and a genuine de- designated for portraits in the Senate Recep- legislation and helped pass thousands more, sire to leave it stronger and better. tion Room. all with an incalculable impact on the lives Still, I know that many of us, from both ‘‘There are no standard tests to apply to a of millions. parties, shared Ted’s sentiment that some- Senator,’’ the chairman of that committee His legacy as a mentor, who not only thing vital about the Senate has been lost. wrote. ‘‘No Dun & Bradstreet rating, no taught so many young senators, including Where it once was a more personal and more scouting reports. His talents may vary with myself, but inspired so many young people collegial place, it’s become more polarized his time; his contribution may be limited by and young staffers, some who entered public and more confrontational. And gone, some- his politics. To judge his own true greatness, service because of Teddy, others who—be- times, is that deeper understanding of one particularly in comparison with his fellow cause of him—just plain refused to another; that ideas that there are great bat- senators long after they are all dead, is near- leave.... tles to be won and great battles to be ly an impossible task.’’ When Teddy first arrived in the United waged—but not against the person on the When John F. Kennedy wrote those words, States Senate, he immersed himself in the other side of the aisle, rather to be waged on I doubt that he imagined his 25-year-old- issues of the day and the concerns of folks behalf of the country. brother would one day stand as indisputably back home. But he also threw himself into What Ted wanted to save, above anything one of the finest senators of this or any age. the history of the chamber. He studied its else, is that sense of community and But here’s the thing: Teddy—Teddy didn’t philosophical underpinnings; he studied its collegiality and mutual responsibility—to earn that distinction just because he served giants and their careers; the times that in- our constituents, to the institution, and to in the United States Senate for nearly one fluenced its members, and how its members one another. ‘‘As senators,’’ he wrote, ‘‘we out of every five days of its existence. He influenced the times. He became fluent in need to be vigilant that we don’t lose track earned it because each of those days was full, procedure and protocol, no matter how ob- of the whole essence of what the Senate is; of and passionate, and productive, and ad- scure, until he could master the Senate as what our involvement in it signifies; of our vanced the life of this nation in a way that easily as he mastered the oceans. relationship with people; and of what all of few Americans ever have. And he did it all by No one made the Senate come alive like he that should lead to, which is the unfettered bridging the partisan divide again and again did. He loved its history and its place in our and vital exchange of ideas.’’ in an era that someday may be recalled as American story. Rarely was he more ani- That’s why whenever heartbreak struck a one where bipartisanship was too rare an mated than when he’d lead you through the colleague—he was always the first to call. achievement. living museums that were his office and his That’s why whenever a stalemate needed to There will never be another like Ted Ken- hideaway office in the Capitol. They held be broken—he was the first to visit another nedy. But there will be other great senators memories that stood still, even as he refused senator’s office. That’s why whenever debate who follow in his footsteps. That’s not an in- to. And he could—and he would—tell you ev- got fierce he never got personal—because sult to his legacy—it is, rather, the legacy he erything there was to know about each arti- that was the fastest way to ensure nothing sought to leave, both with this institute and fact, each object that you were seeing. got done. Once, after he and Strom Thur- with his example. Any of us who’ve had the privilege to serve mond went at each other for a few rounds— ‘‘Being a senator changes a person,’’ he in that institution know that it’s impossible as you’d imagine Ted and Strom might do— wrote in his memoirs. ‘‘Something funda- not to share Teddy’s feeling for the history Ted put his arm around him and said, mental and profound happens to you when that swirls around us. It’s a place where you ‘‘C’mon, Strom. Let’s go upstairs and I’ll you arrive there, and it stays with you all instinctively pull yourself a little straighter give you a few judges.’’ the time that you are privileged to serve. I

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24941 have seen the changes in people who have his funeral service will be conducted—a ba- ticularly during the Head Start Reauthoriza- come into the Senate. It may take a year, or silica that became a source of hope and opti- tion of 2007, which he and I authored. During two years, or three years, but it always hap- mism for him in recent years. many of the other conferences we worked on pens: it fills you with a heightened sense of Throughout his career, Ted Kennedy spoke together, when differences arose that were purpose.’’ of a new hope; of holding fast to our ideals slowing down the passage of legislation, Ted In all our debates, through all our tests, and fulfilling the promise of our country. He was a skilled and fair negotiator who would over all the years that are left to come—may carried on the legacy of an extraordinary keep the conversation going until late into we all be blessed with a sense of purpose like family—a family defined by service and a the night to make sure things were resolved. Edward M. Kennedy’s. Thank you, Vicki, family that inspired an entire generation, in- From Ted, I learned that compromise is thanks to all of you. Thanks for making this cluding myself, to take action and to serve a often necessary to achieve the greater good. such a success. God bless you, God bless cause greater than our individual interests. But above all, he taught me that we must America. And with the Edward M. Kennedy Serve never stop fighting for what we believe in. America Act now the law of the land, an- While Ted achieved greatness in his polit- TED KENNEDY: A LIFE OF SERVICE other generation of teachers and volunteers, ical life, he was no stranger to personal trag- (By Speaker Nancy Pelosi (D-Calif.)) students and community organizers will put edy and suffering. The country mourned with With the passing of Sen. Edward M. Ken- those values into action. him as first John and then Bobby were taken nedy (D-Mass.), this nation lost a great pa- Perhaps more than any other issue, Sen. from us in acts of violence, leaving Ted as triot, a force for justice and equality and a Kennedy never stopped fighting for what he the only remaining Kennedy brother. A 1964 passionate voice for a brighter future. called ‘‘the cause of my life’’—ensuring qual- plane crash broke his back and left him with Sen. Kennedy was the beloved patriarch of ity, affordable healthcare for every Amer- terrible pain that plagued him for the rest of a beautiful family. At this moment of ican. He believed it was a moral imperative. his life, but he never let his condition get in mourning, our thoughts and prayers are with He viewed it ‘‘as a fundamental right, not a the way of his goals for the country. His dis- his loving, caring and devoted wife, Vicki; privilege.’’ It is a tribute to him—but really comfort was evident on the trips he often and with his children, Kara, Teddy Jr. and to the Americans for whom he fought every took with me to Flint, where he always en- our colleague Patrick. Surely it was a high- day—that this dream will become reality joyed visiting Buick UAW Local 599. It was light for both father and son to see the Ken- this year. difficult for him to stand for long, but he nedy-Kennedy Mental Health Parity bill be- would patiently pose for pictures and sign ONE OF A KIND come law last year—ending discriminatory autographs for the workers there, who greet- treatment toward mental health coverage— (By Rep. Dale E. Kildee (D-Mich.), Chairman ed him as a hero. He would stay until his and a true tribute to the Kennedy family’s of the Subcommittee on Early Childhood, back became too painful and then he would unyielding commitment to the common Elementary and Secondary Education) turn to me and say, ‘‘Dale, you have to get good. I have a lot of acquaintances in Congress me out of here, now,’’ and we would make a Above all else, Sen. Kennedy was a cham- and many friends, but one who stood out quick exit so he could rest in my campaign pion—of the poor and the oppressed, of the above the rest and to whom I always felt van, which he referred to as the ‘‘Kildee Ex- forgotten and the voiceless, of young and close was Ted Kennedy. It was a privilege to press.’’ Even while in pain, he always had a old. Over a lifetime of leadership, Sen. Ken- know him as a friend, and it was an honor to smile on his face and was an inspiration to nedy’s statesmanship, passionate arguments work with one of the most dedicated and those around him. and political prowess produced a wealth of knowledgeable senators I ever met. His pass- I have never known another senator like accomplishment that expanded opportunity ing is truly a great loss for our country. I am Ted Kennedy, and we may never see another for every American and extended the bless- hopeful, however, that in mourning his like him again. He carried on the torch of his ings of prosperity to millions of his fellow death, we will be inspired to continue to family’s political legacy, masterfully reach- citizens. fight for the causes to which he dedicated ing across the aisle to shepherd important He had a grand vision for America and an himself so tirelessly and work together to and often difficult pieces of legislation unparalleled ability to effect change and in- pass the comprehensive healthcare reform through Congress. As we mourn the passing spire others to devote themselves to that that he called ‘‘the cause of my life.’’ of our friend Ted, let us celebrate his numer- change. And no one did more to educate our My relationship with the Kennedys started ous achievements and remember him for the children, care for our seniors and ensure back in 1960 when I was a volunteer on John great humanitarian and leader that he was. equality for all Americans. F. Kennedy’s campaign for president and had Let us honor his memory by never giving up The reach of Sen. Kennedy’s achievements the privilege of meeting his mother Rose, the fight for social justice, never resting extends far beyond any one state, issue or who was nothing but gracious and kind. until every child has an equal chance to group. And the light of his example shone When Rose came to my hometown of Flint, learn, and never backing down until every bright across lines of party or philosophy. Mich., to campaign for her son, it was my re- American has access to quality affordable Because of his work, countless students can sponsibility to get her to Mass at St. Mi- healthcare. He often called universal afford to reach for a college diploma. chael’s. It wasn’t even Sunday, but Rose healthcare ‘‘the cause of my life’’ and it is a Because he returned to the Senate floor for went to Mass every day. I met John later tragedy that he will not be around to vote one day last July, once-fierce opponents of that year when he was campaigning for the for the legislation for which he fought so Medicare understood their responsibility not presidency and again in October of 1962 when tirelessly. So let’s continue the fight in his to politics, but to the people they serve—and he came to campaign for the midterm con- honor and pass healthcare reform so that all today, America’s seniors have a stronger and gressional elections. Shortly thereafter he Americans, regardless of income, age or pre- more enduring safety net to keep them went back to Washington claiming he had a existing condition, will have access to qual- healthy. ‘‘bad cold,’’ even though he appeared to be ity, affordable healthcare. Let’s realize this Because he believed in the need for bold ac- the picture of health. We learned later that dream for Ted and for America. tion to rescue our economy, from his hos- we weren’t completely misled, but that it pital bed he played a pivotal role in ensuring was a different kind of cold flaring up—the A DEDICATED SERVANT AND A DEAR FRIEND the passage of the American Recovery and Cuban Missile Crisis, one of the most heated (By Secretary Dirk Kempthorne, former Reinvestment Act, putting people back to moments of the Cold War. Secretary of the Interior) work and setting our nation on the road to Ted was the last member of the Kennedy As a very junior senator from Idaho, I se- recovery. And because of his stirring words family whom I actually met, but my rela- lected an office on the third floor of the Rus- of optimism, vitality and courage at the tionship with him lasted the longest. Like sell Building, which happened to be next Democratic convention exactly one year be- his brothers, Ted was born into a life of door to Sen. Ted Kennedy’s office. The first fore he passed away, he laid a foundation for privilege, but instead of choosing a com- day that we were allowed to officially occupy the election of a president who shared his fortable life of leisure, he chose to work hard the space, in came Sen. Kennedy, walking ideals and intellect—and personified his vi- in the U.S. Senate, fighting to improve the through each of the offices and introducing sion of an America where race was no longer lives of American families. Ted successfully himself to all of my staff and welcoming a barrier or qualification. fought to raise the minimum wage, protect each of them to the Russell. Later that day, Sen. Kennedy’s deep faith remained a pal- Americans with disabilities, expand health a beautiful bouquet of flowers showed up for pable force in his life. It inspired his belief in insurance for low-income children and im- my wife, Patricia, with a note saying, ‘‘Wel- social justice. It demanded action on behalf prove educational opportunities for all stu- come to the neighborhood—Ted.’’ With that, of the least among us. It sustained him, and dents, regardless of family income. His legis- Patricia and I began a wonderful and endur- offered a refuge from the spotlight of elected lative accomplishments were so wide in ing relationship with Ted and Vicki Ken- office. When his daughter, Kara, was diag- scope that his work has changed the life of nedy. nosed with lung cancer, Sen. Kennedy turned nearly every American for the better. Our offices shared a common balcony, and to his faith for solace, going to Mass each Ted and I shared a passion to improve edu- I had a friend from the Kennedy offices who morning in the same house of worship where cation and we worked together often, par- used that route to come see me every day

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24942 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 . . . Blarney, his Jack Russell Terrier. I to learn that our families are actually quite president and were marked by a legislative began keeping a box of Milk Bones for Blar- close. record of liberalism long and prominent ney’s morning visits—and he gladly accepted Ted and I have corresponded regularly for enough to earn him his ‘‘Liberal Lion’’ mon- these treats. In his classical Boston accent, years. He always wrote lovely letters of sup- iker. Republican Party leaders even used Ted would pretend frustration with Blar- port, encouragement and appreciation. He him as a fundraising tool for years in races ney’s habit of taking the treats back down phoned often—I’ll never forget that he man- across the country. the balcony and eating them in his office aged to track me down in the middle of the In the Senate itself, though, the Massachu- while leaving all the crumbs on his floor! Pacific Ocean to wish me a happy birthday setts senator was mostly known by Repub- When I decided to come home to Idaho and one year. I enjoyed working together with licans for his bipartisanship—for diligent, run for governor, Sen. Kennedy said he com- him over the past few years on behalf of a patient and consistent reaching across the pletely understood my decision. There was cause that was important to both of us, stem aisle to find common ground on the coun- no second-guessing why I would want to re- cell research. try’s most pressing concerns. Eventually, turn to a beautiful state like Idaho and be As a Republican president and a Demo- some of the chamber’s most conservative Re- closer to the people there. He wished me well cratic senator, Ronnie and Ted certainly had publicans, from Alan Simpson of Wyoming to and said that he would miss me. Little did their battles. There were conflicts to over- Hatch to Kyl, came to discover that while we both know that in 2006 President George come, disagreements to settle and com- Kennedy may have had the heart of a liberal, W. Bush would nominate me to become the promises to be made, but in doing so, the he possessed the mind of a pragmatist. 49th Secretary of the Interior. One of the mutual respect that came from struggling to Republican leaders such as Conference very first calls I received after the announce- work together led to a deeper understanding Chairman Lamar Alexander of Tennessee re- ment was from Ted Kennedy, who said he and friendship. Both were men of strong con- called that Kennedy was known for reaching was so glad I was coming back and he asked victions, but they understood an important out since his earliest days in Congress. Alex- what he could do to help with my confirma- principle: Politicians can disagree without ander came to Congress in 1967 as an aide to tion. That was the kind of man he was and being disagreeable. then-Sen. Howard Baker of Tennessee and When Ronnie and I were presented with the the kind of friend he was. It didn’t matter worked with Kennedy near the end of his Congressional Gold Medal in 2002, Ted gave a that I was a conservative Republican or he first term. beautiful tribute to Ronnie. As I reread that was a liberal Democrat. We were friends, and ‘‘I’ve known and worked with him for 40 speech today, I was struck by how some of he wanted to help. And he did. years. He’s results-oriented. He takes his po- the wonderful things he said about Ronnie Several months later, I got another call sitions, but he sits down and gets results,’’ also describe Ted: ‘‘He was a fierce compet- from Ted Kennedy telling me he had been in- Alexander said last May. itor who wanted to win—not just for himself, vited to speak at the Ronald Reagan Li- In recent years, examples of Kennedy’s bi- but for his beliefs. He sought to defeat his brary. Nancy Reagan was going to host an partisan efforts included teaming up with opponents, not destroy them. He taught us intimate dinner for him in her residence at Kansas Republican Nancy Kassebaum on that while the battle would inevitably re- the library and she said he could invite a few healthcare in 1996, with President George W. sume the next morning, at the end of each friends. He was calling to see if I would go. Bush on education reform in 2001, and on un- day we could put aside the divisions and the After extending the invitation, he started successful attempts with Sen. John McCain debates. We could sit down together side by laughing and said, ‘‘What a pal I am, right? (R-Ariz.) and other Republicans to pass im- side . . . And above all, whatever our dif- Inviting you to dinner 2,500 miles from migration reform in the 110th and 111th Con- ferences, we were bound together by our love here!’’ We both laughed, and I said I wouldn’t gresses. of our country and its ideals.’’ That was Ron- miss it for anything. The night of the speech, I was seated in the nie, all right—and that was Ted, too. KENNEDY BROUGHT INTENSITY, PASSION TO Ted and Ronnie were the kind of old-fash- front row along with Nancy Reagan and Cali- THE SENATE ioned politicians who could see beyond their fornia Gov. Arnold Schwarzenegger. Sen. (By Jim Manley) own partisan convictions and work together Kennedy commented on how three of his fa- for the good of the country. I wish there were Coming from a wealthy, famous family, vorite Republicans were there for him. I more of that spirit in Washington today. I Sen. Kennedy could have taken shortcuts. don’t think many people realize how much am encouraged to see how many politicians But he never did that—he brought a passion Ronald Reagan and Ted Kennedy liked each ‘‘from across the aisle’’ spoke of their admi- and intensity to his work the likes of which other, but it was very apparent that night at ration for Ted after his passing, so maybe it I will never forget. the dinner that Nancy gave for her friend, isn’t really lost. Maybe we can all be in- His staff accepted the long hours and dedi- Ted, and his great wife Vicki, and a few of spired by Ted and Ronnie to renew that spir- cation he demanded from us because he stood their friends. it of bipartisan cooperation. with us working twice as hard. After Sen. Kennedy was diagnosed with his Ted Kennedy was a kind man, a great ally Former Senate Majority Leader George illness and it was made public, I wrote him and dear friend. I will miss him. Mitchell (D-Maine) once accurately re- a two-page letter recapping some of the posi- marked that Sen. Kennedy was better-pre- tive and enjoyable things we had done to- KENNEDY AND THE GOP: A MARRIAGE OF pared than any other senator. His No Child gether. I received an immediate call from MUTUAL RESPECT Left Behind briefing book was legendary—a Vicki saying how it had brightened his day. (By J. Taylor Rushing) huge binder full of studies and analyses. It That was followed by a handwritten note seemed every page was dog-eared, heavily Despite his affinity for liberal policy- from Ted, and that was followed by a phone underlined and carefully tabbed. call from him. It was a good visit on the making, Republicans on Capitol Hill greatly One Friday, there was a lull in a debate phone, but, as usual, he also had some busi- admired Sen. Edward Kennedy (D-Mass.). over a minimum-wage increase. On pure im- ‘‘He’s a legislator’s legislator,’’ Sen. Jon ness he wanted to discuss. He always worked pulse, he went to the Senate floor and deliv- Kyl (R-Ariz.) told The Hill last May, imme- so diligently for his constituents. I last ered one of the most impassioned speeches I diately after Kennedy’s diagnosis of brain spoke to him in January of this year. It was had ever heard from him. At one point, he cancer. ‘‘At the end of the day, he wants to that same jovial voice of a friend with no voice echoed through the chamber so loud legislate, he understands how, and he under- hint of the personal health battle he was that I had to leave the floor because my ears stands compromise. And it’s worth talking fighting. were ringing. about because it shows how people with dras- It is universally noted how hard he worked As Sen. Kennedy said of his brother Rob- tically different points of view can come to- as a senator. He also worked hard at affirm- ert, the same can be said of him. He ‘‘need gether.’’ ing and maintaining friendships. Wouldn’t In April, The Hill conducted a survey of all not be idealized, or enlarged in death beyond this be a better place if we all worked a little sitting senators to ask which member of the what he was in life, to be remembered simply harder at affirming and maintaining friend- opposing party they most enjoyed working as a good and decent man, who saw wrong ships? Perhaps this, too, was one of Ted Ken- with. The most common answer among Re- and tried to right it, saw suffering and tried nedy’s lasting legacies. publicans was Kennedy, being specifically to heal it, saw war and tried to stop it.’’ I will miss my friend. mentioned by Kyl, Orrin Hatch of Utah, Kit BAYH REMEMBERS 1964 PLANE CRASH Bond of Missouri, Richard Burr of North IN MEMORY OF TED KENNEDY Carolina, Sam Brownback of Kansas, Mike (By J. Taylor Rushing) (By Nancy Reagan) Enzi of Wyoming, Johnny Isakson of Georgia If not for former Sen. Birch Bayh of Indi- Sometimes the best friendships are made and Jeff Sessions of Alabama. ana, Sen. Edward Kennedy very well may under unlikely circumstances. Such was the ‘‘I’d love to co-sponsor every piece of legis- have died on the night of June 19, 1964. case with the Kennedys and the Reagans. lation with Ted Kennedy,’’ Burr said at the Both nearly died in a plane crash the night Of course there were differences in our po- time. ‘‘When Ted says he’s going to do some- the Senate passed the 1964 Civil Rights Act. litical beliefs, and some believed that those thing, he’s committed to it.’’ Delayed by the vote, the two men were fly- differences would make it impossible for us Kennedy’s 47 years in the Senate began as ing through a thunderstorm to get to the to get along. Most people are very surprised his brother, Democrat John F. Kennedy, was Massachusetts state Democratic convention.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24943 ‘‘We were bounced around so much we and Kennedy always knew what the other stands with the greatest, the most devoted, couldn’t see the moon in any steady way,’’ had to do to get legislation passed.’’ the most patriotic men and women to ever said Bayh, who served in the Senate from This dinner was no exception. It marked serve in these halls. 1963 to 1981 and is now a partner in the D.C. the start of a five-year collaboration be- Because of Ted Kennedy, more young chil- law firm Venable LLP. ‘‘Then I looked out tween two men who served radically dif- dren could afford to become healthy. More and saw this black line coming. I thought it ferent constituencies, but who found com- young adults could afford to become stu- was another storm, but it was the tops of mon ground in their shared commitment to dents. More of our oldest citizens and our trees.’’ education, service and their faith. poorest citizens could get the care they need Pilot Ed Zimy pulled out of the trees but Both lawmakers also believed they had an to live longer, fuller lives. More minorities, quickly lost control again, crashing into an obligation to give back to the citizens of women and immigrants could realize the apple orchard just short of the Springfield Washington, their ‘‘adopted city.’’ To help il- rights our founding documents promised airport. Bayh said he thought the plane had lustrate this point, each year at a pre-gala them. And more Americans could be proud of been hit by lightning, and was convinced he breakfast Kennedy would share the example their country. was dead. When he woke up, Bayh said, his of his brother, former President John F. Ted Kennedy’s America was one in which wife Marvella was screaming, the pilot and Kennedy, who instructed his entire Cabinet all could pursue justice, enjoy equality and Kennedy aide Ed Moss were both mortally to visit Washington’s public schools and read know freedom. Ted Kennedy’s life was driven wounded and Kennedy was barely responsive. books to the students. by his love of a family that loved him, and Bayh said he resisted initial thoughts of Dubbed the Boehner-Kennedy Dinner, the his belief in a country that believed in him. leaving Kennedy in the wreckage, but was annual event takes place each September, Ted Kennedy’s dream was the one for which later amazed at how he carried the hefty sen- and since its inception has raised more than the founding fathers fought and his brothers ator. $5 million for the District’s Catholic schools. sought to realize. ‘‘We’ve all heard adrenaline stories about Much of the credit for this success belongs The liberal lion’s mighty roar may now fall how a mother can lift a car off a trapped in- to Kennedy. As one Boehner staff member silent, but his dream shall never die.—Senate fant. Well, Kennedy was no small guy, and I told The Hill, ‘‘This event may have been Majority Leader Harry Reid (D-Nev.) was able to lug him out of there like a sack John Boehner’s idea, but it was Sen. Ken- of corn under my arm,’’ Bayh said. nedy who really got it off the ground.’’ Today, with the passing of Sen. Edward M. Kennedy spent five months in the hospital, During the last year of his life, Kennedy’s Kennedy, the American people have lost a re-emerging barely in time to win reelection illness forced him to scale back his commit- great patriot, and the Kennedy family has in November 1964. ments. As a result, former Washington lost a beloved patriarch. Over a lifetime of ‘‘A lot of the older senators were won- Mayor Anthony Williams assumed the co- leadership, Sen. Kennedy’s statesmanship dering if they were going to have to kiss his chairman’s role alongside Boehner in 2008. and political prowess produced a wealth of ring. I mean, he could have been a pariah,’’ This year’s Boehner-Williams Dinner will accomplishment that has improved oppor- Bayh said. ‘‘But he had no airs, and just did be held on Sept. 23 at the Washington Hilton. tunity for every American. a remarkable job of ingratiating himself not Discussions are under way about how best to Sen. Kennedy had a grand vision for Amer- only to his new colleagues but the older honor Kennedy at the event. ica, and an unparalleled ability to effect members. change. Rooted in his deep patriotism, his ‘‘He was a Kennedy, and you could say he TRIBUTES TO EDWARD M. KENNEDY abiding faith, and his deep concern for the was born with a silver spoon in his mouth, We’ve lost the irreplaceable center of our least among us, no one has done more than but he was determined to spend his life help- family and joyous light in our lives, but the Sen. Kennedy to educate our children, care ing the little people. That tells you what he inspiration of his faith, optimism, and perse- for our seniors, and ensure equality for all was made of.’’ verance will live on in our hearts forever. He Americans.—House Speaker Nancy Pelosi (D) loved this country and devoted his life to BOEHNER FOUND KENNEDY A GENEROUS serving it. He always believed that our best It is with great sadness that Elaine and I PARTNER IN FAITH days were still ahead, but it’s hard to imag- note the passing of Sen. Ted Kennedy, one of (By Christina Wilkie) ine any of them without him.—The Kennedy the giants of American political life, a long- Rep. John Boehner (R–Ohio) needed a family time Senate colleague, and a friend. favor. No one could have known the man without In 2003, Boehner wanted to support Wash- Michelle and I were heartbroken to learn admiring the passion and vigor he poured ington’s Catholic schools, which were suf- this morning of the death of our dear friend, into a truly momentous life.—Senate Minor- fering severe budget shortfalls. He needed an Sen. Ted Kennedy. ity Leader Mitch McConnell (R-Ky.) A-list Democrat willing to lend his name to For five decades, virtually every major the effort. piece of legislation to advance the civil Ted Kennedy was my friend. While there What he got instead was access to one of rights, health and economic well being of the were few political issues on which he and I the most powerful Democratic fundraising American people bore his name and resulted agreed, our relationship was never disagree- machines in politics. from his efforts. able, and was always marked by good humor, The GOP congressman was setting up a I valued his wise counsel in the Senate, hard work, and a desire to find common gala dinner complete with celebrities, politi- where, regardless of the swirl of events, he ground. Ted Kennedy was also a friend to cos and media personalities. He went for the always had time for a new colleague. I cher- inner-city children and teachers. For the most powerful Catholic in Congress, Sen. Ed- ished his confidence and momentous support better part of the last decade, Ted and I ward Kennedy (D–Mass.), to be his partner at in my race for the Presidency. And even as worked together to support struggling the event and balance the politics. he waged a valiant struggle with a mortal Catholic grade schools in inner-city Wash- Presented with Boehner’s request to co- illness, I’ve profited as President from his ington. By helping these schools keep their chair the inaugural gala dinner, Kennedy encouragement and wisdom. doors open and helping them retain their ‘‘didn’t blink’’ before signing on; and true to An important chapter in our history has committed teachers and faculty, this joint his reputation for generosity, Kennedy’s re- come to an end. Our country has lost a great effort made a positive difference in the lives sponse went well beyond that. leader, who picked up the torch of his fallen of thousands of inner-city children, who oth- Kennedy threw himself into the project, of- brothers and became the greatest United erwise would have been denied the oppor- fering Boehner the use of his entire fund- States Sen. of our time. tunity for a quality education. It wouldn’t raising staff to assist with the event. He And the Kennedy family has lost their pa- have been possible without Sen. Kennedy and wrote letters and made personal appeals on triarch, a tower of strength and support his genuine desire to give something back to behalf of the struggling schools. And perhaps through good times and bad. help inner-city students in the city in which most importantly, Kennedy pulled in real Our hearts and prayers go out to them he’d served for many years. I’m proud to talent: NBC’s Tim Russert to emcee the in- today—to his wonderful wife, Vicki, his chil- have worked with Sen. Kennedy on this augural evening and comedian Bill Cosby to dren Ted Jr., Patrick and Kara, his grand- project, and I will dearly miss his friendship keep the guests laughing. children and his extended family.—President and his partnership in this cause.—House Mi- Boehner and Kennedy were both lifelong Barack Obama nority Leader John Boehner (R-Ohio) Catholics and graduates of Catholic schools. They had recently worked together on the It was the thrill of my lifetime to work Teddy spent a lifetime working for a fair House and Senate versions, respectively, of with Ted Kennedy. He was a friend, the and more just America. And for 36 years, I the 2002 education law known as the No Child model of public service and an American had the privilege of going to work every day Left Behind Act. icon. and literally, not figuratively sitting next to As colleagues, they enjoyed a comfortable As we mourn his loss, we rededicate our- him, and being witness to history. rapport, which, according to a staff member, selves to the causes for which he so dutifully In 1972 I was a 29 year old kid with three was strengthened by the fact that ‘‘Boehner dedicated his life. Sen. Kennedy’s legacy weeks left to go in a campaign, him showing

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24944 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 up at the Delaware Armory in the middle of States Senate—a leader who answered the tragedy befell the family of one of his what we called Little Italy—who had never call to duty for some 47 years, and whose friends, he would always be there for us.— voted nationally by a Democrat—I won by death closes a remarkable chapter in that Sen. Chris Dodd (D-Conn.), a close friend who 3,100 votes and got 85 percent of the vote in body’s history.—Former President George in Kennedy’s absence took over the Senate that district, or something to that effect. I H.W. Bush Health, Education, Labor, and Pensions literally would not be standing here were it (HELP) Committee not for Teddy Kennedy—not figuratively, Rosalynn and I extend our condolences to this is not hyperbole—literally. the Kennedy family. Sen. Kennedy was a pas- I had hoped and prayed that this day would He was there—he stood with me when my sionate voice for the citizens of Massachu- never come. My heart and soul weep at the wife and daughter were killed in an accident. setts and an unwavering advocate for the lost of my best friend in the Senate, my be- He was on the phone with me literally every millions of less fortunate in our country. loved friend, Ted Kennedy. day in the hospital, my two children were at- The courage and dignity he exhibited in his Sen. Kennedy and I both witnessed too tempting, and, God willing, thankfully sur- fight with cancer was surpassed only by his many wars in our lives, and believed too vived very serious injuries. I’d turn around lifelong commitment and service to his strongly in the Constitution of the United and there would be some specialist from country.—Former President Jimmy Carter States to allow us to go blindly into war. Massachusetts, a doc I never even asked for, That is why we stood side by side in the Sen- literally sitting in the room with me. I am very saddened to learn of the passing ate against the war in Iraq. He’s left a great void in our public life and of Sen. Ted Kennedy last night. Ted Kennedy Neither years of age nor years of political a hole in the hearts of millions of Americans will be remembered with great affection and combat, nor his illness, diminished the ideal- and hundreds of us who were affected by his enduring respect here in Ireland. Ted Ken- ism and energy of this talented, imaginative, personal touch throughout our lives.—Vice nedy was a great friend of Ireland. and intelligent man. And that is the kind of President Joe Biden, in remarks at an event In good days and bad, Ted Kennedy worked Sen. Ted Kennedy was. Throughout his ca- Wednesday at the Department of Energy valiantly for the cause of peace on this is- reer, Sen. Kennedy believed in a simple land. He played a particularly important role premise: that our society’s greatness lies in Laura and I are saddened by the death of in the formative days of the Northern Ire- its ability and willingness to provide for its Senator Ted Kennedy. Ted Kennedy spent land Peace Process. He maintained a strong less fortunate members. Whether striving to more than half his life in the United States and genuine interest in its progress. He used increase the minimum wage, ensuring that Senate. He was a man of passion who advo- his political influence wisely. He was the all children have medical insurance, or se- cated fiercely for his convictions. I was voice of moderation and common sense. He curing better access to higher education, pleased to work with Senator Kennedy on was unequivocal in his rejection of violence Sen. Kennedy always showed that he cares legislation to raise standards in public at all times and from all quarters. He be- deeply for those whose needs exceed their po- schools, reform immigration and ensure dig- lieved that only politics would provide a sus- litical clout. Unbowed by personal setbacks nity and fair treatment for Americans suf- tainable and enduring way forward. His be- or by the terrible sorrows that have fallen fering from mental illness. lief that the United States could play a upon his family, his spirit continued to soar, In a life filled with trials, Ted Kennedy strong role in solving our problems has been and he continued to work as hard as ever to never gave in to self-pity or despair. He vindicated by the success of the Peace Proc- make his dreams a reality. maintained his optimistic spirit, his sense of ess. In his honor and as a tribute to his com- humor, and his faith in his fellow citizens. Today, America has lost a great and re- mitment to his ideals, let us stop the shout- He loved his family and his country—and he spected statesman and Ireland has lost a ing and name calling and have a civilized de- served them until the end. He will be deeply long-standing and true friend. bate on health care reform which I hope, ´ missed.—Former President George W. Bush Ar dheis De go raibh a anam.—Brian when legislation has been signed into law, Cowen, prime minister of Ireland will bear his name for his commitment to in- Sen. Ted Kennedy was one of the most in- suring the health of every American. Sen. Edward Kennedy will be mourned not fluential leaders of our time, and one of the God bless his wife Vicki, his family, and just in America but in every continent. He is greatest senators in American history. His the institution that he served so ably, which admired around the world as the Senator of big heart, sharp mind, and boundless energy will never be the same without his voice of Senators. He led the world in championing were gifts he gave to make our democracy a eloquence and reason. And God bless you children’s education and health care, and be- more perfect union. Ted. I love you and will miss you terribly. In lieved that every single child should have As president, I was thankful for his fierce my autobiography I wrote that during a visit the chance to realise their potential to the advocacy for universal health care and his to West Virginia in 1968 to help dedicate the full. Even facing illness and death he never leadership in providing health coverage to ‘‘Robert F. Kennedy Youth Center’’ in Mor- stopped fighting for the causes which were millions of children. His tireless efforts have gantown, ‘‘Sen. Kennedy’s voice quivered his life’s work. brought us to the threshold of real health I am proud to have counted him as a friend with emotion as he talked of his late broth- care reform. I was also grateful for his ef- and proud that the United Kingdom ers and their love for West Virginia. ‘These forts, often in partnership with Republicans recognised his service earlier this year with hills, these people, and this state have had a as well as Democrats, to advance civil rights, the award of an honorary knighthood.—Gor- very special meaning for my family. Our promote religious freedom, make college don Brown, prime minister of the United lives have been tightly intertwined with more affordable, and give young Americans Kingdom yours.’ the opportunity to serve at home in I am sure the people of the great state of Americorp. I am glad the bill President I’m not sure America has ever had a great- West Virginia join me in expressing our Obama signed to expand Americorp and er senator, but I know for certain that no heartfelt condolences to the Kennedy family other youth service opportunities is named one has had a greater friend than I and so at this moment of deep sorrow—Sen. Robert the Edward M. Kennedy Serve America Act. many others did in Ted Kennedy. Byrd (D-W.Va.) Through it, his commitment to public serv- I will always remember Teddy as the ulti- ice will live on in millions of young people mate example for all of us who seek to serve, Many have come before, and many will across our nation. a hero for those Americans in the shadow of come after, but Ted Kennedy’s name will al- Hillary and I will always be grateful for life who so desperately needed one. ways be remembered as someone who lived the many gestures of kindness and gen- He worked tirelessly to lift Americans out and breathed the United States Senate and erosity he extended to us, for the concern he of poverty, advance the cause of civil rights, the work completed within its chamber. showed for all the children and grand- and provide opportunity to all. He fought to When I first came to the United States Sen- children of the Kennedy clan, and for his de- the very end for the cause of his life—ensur- ate I was filled with conservative fire in my votion to all those in need whose lives were ing that all Americans have the health care belly and an itch to take on any and every- better because he stood up for them.— they need. one who stood in my way, including Ted Former President Bill Clinton The commitment to build a stronger and Kennedy. As I began working within the con- fairer America, a more perfect union, was fines of my office I soon found out that while Barbara and I were deeply saddened to deeply ingrained in the fiber of who he was, we almost always disagreed on most issues, learn Ted Kennedy lost his valiant battle and what he believed in, and why he served. once in a while we could actually get to- with cancer. While we didn’t see eye-to-eye That’s why he stands among the most re- gether and find the common ground, which is on many political issues through the years, I spected senators in history. But it was his essential in passing legislation.—Sen. Orrin always respected his steadfast public serv- sympathetic ear, his razor wit, and his boom- Hatch (R-Utah), one of Kennedy’s closest Re- ice—so much so, in fact, that I invited him ing, raucous laugh that made him among the publican friends in the Senate to my library in 2003 to receive the Bush most beloved. Award for Excellence in Public Service. Ted Whatever tragedy befell Teddy’s family, he He had a gregarious personality. He had a Kennedy was a seminal figure in the United would always be there for them. Whatever keen sense of how to position himself with

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24945 people. He had an old Irish wit and was a Sen. Kennedy’s colleagues—Republicans today my family and I mourn the passing of great storyteller. But all of those things and Democrats—greatly enjoyed working this big-hearted, unforgettable man.— probably pale in—in comparison to the fact with him and respected his views. Former Massachusetts Gov. Mitt Romney that once he was on an issue, he was relent- A handshake from Sen. Kennedy was all (R), who ran against Kennedy in 1994 less. And he—once he gave his word, then that was ever needed. His word was his bond. there was never any—any variance from When the history of the United States Sen- I would like to extend our sympathies to that, to the point where he would cast votes ate is written, his name will be toward the the Kennedy family as we hear word about on amendments that really were against his top of the list of senators who made a tre- the passing of Sen. Ted Kennedy. He believed own position in order to keep a carefully mendous impact on the institution. in our country and fought passionately for crafted compromise intact. And when others Sen. Kennedy was never afraid to work his convictions.—Former Alaska Gov. Sarah from his own party and our party didn’t do across the aisle to get things done. We can Palin (R) that, I’ve seen him chastise them rather se- all learn from the example he set and work verely. together to build a stronger nation.—Sen. Maria and I are immensely saddened by the History judges all of us. And after a period Lindsey Graham (R-S.C.) passing of Uncle Teddy. He was known to the of time, I think history will make a judg- world as the Lion of the Senate, a champion ment about Ted Kennedy. All of us had our Today, America mourns the death of Sen. of social justice, and a political icon. failings and weaknesses. But the fact is that Ted Kennedy. He was one of the most dy- Ted Kennedy was an institution within the Most importantly, he was the rock of our namic and influential legislators in our Na- institution of the Senate. And all of my col- family: a loving husband, father, brother and tion’s history, and his legacy will live on in leagues, no matter how they felt about his uncle. He was a man of great faith and char- the work of the colleagues he inspired, and causes or his positions, I think, would agree acter.—California Gov. Arnold Schwarzeneg- in the lives of the millions of Americans for with that.—Sen. John McCain (R-Ariz.), who ger (R) and wife Maria Shriver, a niece of often referred to Kennedy as a ‘‘good friend’’, whom his passion for social justice made a Kennedy difference. My thoughts and prayers are with talked about what made the liberal senator f likable to his GOP adversaries, about their his family and friends; even though this day time working together on immigration legis- was anticipated, I am sure that little can HISPANIC HERITAGE MONTH lation and about his spirit in the end, in an soften the blow. Throughout his final illness, Sen. Kennedy was privileged to have the best Mr. UDALL of Colorado. Mr. Presi- interview with CNN’s ‘‘Larry King Live’’ on dent, just a month ago, I joined fellow Thursday doctors and the best treatment. But he never forgot, in this as in all cases, those who were Coloradans, my colleagues in the U.S. We have known for some time that this not similarly privileged: those waiting hours Congress, and others across the coun- day was coming, but nothing makes it easi- in emergency rooms this morning for a doc- try to celebrate and acknowledge the er. We have lost a great light in our lives and tor’s care; those who went to sleep last night many accomplishments and contribu- our politics, and it will never be the same unsure that they were covered, uncertain tions of the Hispanic community in the that their families could cope with the finan- again. Ted Kennedy was such an extraor- United States and Colorado. I am par- dinary force, yes for the issues he cared cial burden of an illness. For their sake, about, but more importantly for the human- health care reform was the cause of Ted Ken- ticularly proud to highlight the long ity and caring in our politics that is at the nedy’s life. For their sake, and his, it must history of Hispanics in Colorado, as center of faith and true public service. No be the cause of ours.—House Majority Leader they established some of Colorado’s words can ever do justice to this irrepress- Steny Hoyer (D-Md.) oldest communities, irrigation sys- ible, larger than life presence who was sim- tems, and earliest businesses. I am ply the best—the best senator, the best advo- I have known Ted Kennedy for more than equally proud that this community cate you could ever hope for, the best col- 47 years. In that time, it has been my great- continues to be a vibrant part of the league, and the best person to stand by your est pleasure to work with him in the Con- fabric of our great State. side in the toughest of times. He faced the gress to try to tackle many human problems, last challenge of his life with the same grace, but I am especially gratified by his contribu- Throughout this month, my col- courage, and determination with which he tions to the cause of civil rights and voting leagues and I have been hard at work fought for the causes and principles he held rights. to move forward on many policy con- so dear. He taught us how to fight, how to At some of the most tragic and difficult cerns that are vitally important to laugh, how to treat each other, and how to moments in this nation’s history, Ted Ken- Colorado’s Hispanic community. From turn idealism into action, and in these last nedy gathered his strength and led us toward the confirmation of America’s first fourteen months he taught us much more a more hopeful future. As a nation and as a about how to live life, sailing into the wind Latina Supreme Court Justice, Sonia people, he encouraged us to build upon the Sotomayor, to progress on health in- one last time. For almost 25 years, I was inspirational leadership of his two brothers privileged to serve as his colleague and share and use it to leave a legacy of social trans- surance reform, and continued support his friendship for which I will always be formation that has left its mark on his- for efforts to create and save jobs, I grateful.—Sen. John Kerry (D-Mass.) tory.—Rep. John Lewis (D-Ga.) have been working with the best inter- ests of Colorado in mind. Still, there is Ted Kennedy was a mentor, a guiding Sen. Kennedy devoted his entire life to light, and a close friend—we all loved the much to be accomplished. public policy. At any point he could have ac- We must come together to find op- man. In the Senate, Ted Kennedy was our cepted a life of leisure. Instead he carried on sun—the center of our universe. To be pulled portunities to improve the quality of his family’s commitment to public service. life of all Coloradans. In doing so, it is by his strong gravitational field, to bask in The Senate will be a smaller and sadder his warmth was a privilege, an honor, and, place without his enthusiasm, his energy, important to keep in mind that certain for many of us, even a life changing experi- and his persistent courage.—Former House populations, such as Latinos, are dis- ence. His death leaves our world dark but, as Speaker Newt Gingrich (R-Ga.) proportionately affected by many of he said in his own words, ‘‘the work goes on, the challenges we face as a State and the cause endures, the hope still lives, and The loss of Sen. Ted Kennedy is a sad event the dream shall never die.’’ Ted, we will not country. At a national level, Latinos for America, and especially for Massachu- let your flag fall.—Sen. Charles Schumer (D- face an unemployment rate that is 3 setts. The last son of Rose Fitzgerald and Jo- N.Y.) percent higher than the national rate. seph Kennedy was granted a much longer life In Colorado, Latinos face a poverty Ted Kennedy was at once the most par- than his brothers, and he filled those years with endeavor and achievement that would rate that is 12 percent higher than the tisan and the most constructive United State’s overall poverty rate. Latinos States senator. He could preach the party have made them proud. In 1994, I joined the line as well as bridge differences better than long list of those who ran against Ted and also face other challenges—40 percent any Democrat. I will especially miss his came up short. But he was the kind of man of Hispanics in Colorado are uninsured, cheery disposition and his devotion to you could like even if he was your adversary. approximately 24 percent higher than United States history of which he was such a I came to admire Ted enormously for his the State average, according to a Colo- consequential part.—Senate Republican Con- charm and sense of humor—qualities all the rado Department of Public Health and ference Chairman Lamar Alexander (R- more impressive in a man who had known so Environment report. Though these Tenn.) much loss and sorrow. I will always remem- ber his great personal kindness, and the issues are not a concern for Latinos in With the passing of Sen. Kennedy the fighting spirit he brought to every cause he Colorado alone, they undoubtedly raise United States Senate has lost one of its most served and every challenge he faced. I was heightened concerns for the Hispanic effective and respected voices. proud to know Ted Kennedy as a friend, and community, given these statistics.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24946 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 These are just a few reasons I have lion Americans performed volunteer Laura developed Food for Kids, a continued to support and develop poli- service in this country. I am proud backpack program serving over 600 cies that provide both quality jobs and that my home State of Utah had the schools in Arkansas, sending home help reduce the costs of hard-working highest volunteerism rate, with over 45 backpacks of food to over 25,000 stu- Coloradans. Most notably, we have percent of adults volunteering in the dents who face food insecurity. This made significant progress toward re- State in 2008. All told, these volunteers program has been recognized by the forming our health insurance system contributed almost 162 million hours of Wall Street Journal, CNN, and has so that it better meets the health service in a single year. been replicated in over 40 States. needs of all Americans. Making our Earlier this year, I had the privilege Laura also developed Simple Pleas- health system more efficient, fiscally of joining with my good friend, the late ures, a gourmet gift shop that sells the manageable, and accessible is vitally Senator Ted Kennedy in sponsoring the Rice Depot line of soup and chili mixes. important to making health insurance Edward M. Kennedy Serve America Proceeds from the gift shop are used to more affordable for Hispanic and non- Act, a new law that expands volunteer purchase food for Rice Depot’s hunger Hispanic families alike. opportunities for Americans of all ages. relief efforts. As a member of the Senate Energy I know that the Points of Light Insti- Faith is an important part of Laura’s and Natural Resources Committee, I tute will be at the forefront in real- life. In 2003, Laura suffered a heat- have also been working to develop new izing the full potential of this impor- stroke unloading a truck. Although she ways to help low-income and working tant legislation, creating healthy com- would continue to serve her life’s mis- families afford to make their homes munities by inspiring and equipping sion from a wheelchair, she is not lim- more energy efficient. By improving willing Americans to do more of the ited by her disability. She often quotes access to energy-saving technology and heavy lifting in their communities as Psalms 37:11 to sum up her life, ‘‘De- making homes more energy efficient, we all work to improve our Nation. light yourself in the Lord and he will families can reduce their energy costs, Mr. President, I once again commend give you the desires of your heart.’’ while helping to make our environment the Points of Light Institute on this And last but certainly not least, Lau- and communities better places to live. landmark anniversary. ra’s family—her husband Don, daugh- This is just one part of a new energy f ter Allison, and four grandchildren are economy that can bring more jobs to not only inspirations for her but also our State. ADDITIONAL STATEMENTS stalwart supporters. In fact, her daugh- We have had much to celebrate dur- ter Allison shares her mother’s mission ing this year’s Hispanic Heritage TRIBUTE TO LAURA RHEA and has served the Rice Depot for the Month, but we also have much to do, past 12 years. In addition, Laura’s and I understand there are many more ∑ Mrs. LINCOLN. Mr. President, it is granddaughter worked there over the goals that we have yet to achieve. So with great pleasure that today I honor summer, bringing three generations of while we have enjoyed the celebration and recognize more than 25 years of her family to the effort to wipe out of Hispanic heritage and the contribu- service by Laura Rhea to our great hunger. tions Latinos make in our commu- State of Arkansas. Laura has served As you can see, Laura Rhea is a gen- nities over the last month, I will con- the Arkansas Rice Depot with stead- erous, compassionate, and dedicated in- tinue my efforts to improve the quality fast leadership as President and CEO, dividual. So as Rice Depot celebrates of life for Coloradans of all back- ensuring the organization remained a its 27th year of progress in finding sen- grounds in every month of the year. faith-based ministry and developing in- sible solutions to hunger in Arkansas, I novative solutions to ending hunger. f salute The Rice Depot, its staff, the Hunger and poverty are not just glob- many volunteers, and especially Laura 20TH ANNIVERSARY OF POINTS OF al issues; they are so pervasive that we Rhea for their commitment to feeding LIGHT all have some experience with them in those who hunger in Arkansas.∑ Mr. HATCH. Mr. President, I stand our local communities. Worldwide, f today to recognize and honor an ex- three billion people, nearly half the traordinary organization that began its world’s population, live on merely $2 TRIBUTE TO PARKER WESTBROOK important work 20 years ago, born per day. In our Nation alone, almost ∑ Mrs. LINCOLN. Mr. President, it is from the words of a new President who 36.2 million Americans struggle day in with Arkansas pride that today I honor was dedicated to engaging the Amer- and day out to find adequate nutritious one of the great sons of the Natural ican spirit of giving and service. The food. More than 12.4 million children State, Parker Westbrook of Nashville, words of that President resonate even live in households that are food inse- AR. On October 20, 2009, the Howard now: ‘‘I have spoken of a thousand cure. According to the Arkansas Hun- County Democratic Central Committee points of light . . . a new engagement ger Relief Alliance, approximately 80 is sponsoring a dinner to honor his life- in the lives of others, a new activism, percent of supplemental nutrition as- long public service to Arkansas and his hands-on and involved that gets the job sistance goes to households with chil- country. done.’’ This 1989 speech given by Presi- dren, many of them in working fami- The day after Christmas in 1948, dent George H.W. Bush outlined the vi- lies, including military families. Westbrook set out with newly elected sion for the Points of Light Founda- In Arkansas, Laura Rhea has been Congressman Boyd Tackett of Nash- tion, now merged with HandsOn Net- making a difference to reduce those ville for Washington, DC. Over the work as the Points of Light Institute, figures. Under her leadership, Arkansas course of the next 26 years, Parker the largest volunteer network in the Rice Depot has grown from a small served his home State in our Nation’s country. hunger program that distributed only Capital for four members of the Arkan- This independent, nonpartisan orga- rice, to a comprehensive hunger agency sas congressional delegation, most no- nization has worked to encourage, rec- that distributes almost 7 million tably as a special assistant to U.S. Sen- ognize, and empower the spirit of vol- pounds of food and supplies in Arkan- ator J. William Fulbright. In 1975, he unteer service that is encoded in our sas each year. returned to Arkansas and served as a Nation’s cultural DNA and is, as Presi- Laura grew up in North Little Rock. special assistant to Governor David dent Bush stated, central to living a As a child she dreamed of becoming a Pryor. meaningful life. missionary, but never dreamed that Although public service in govern- Throughout our Nation’s history, her mission field would be feeding hun- ment was a calling for much of Mr. Americans have demonstrated their gry Arkansans. She is a certified vol- Westbrook’s life, his true passion was willingness to give back and to serve in unteer manager and was recognized as historic preservation. Westbrook was their communities, even in the hardest a certified fund raising executive in born in 1926 and was the third genera- of times. Last year alone, over 60 mil- 1995. tion of the Westbrook-Parker families

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24947 to live in the home of his maternal 275TH ANNIVERSARY OF FIRST (The nominations received today are grandfather, which is listed on the Na- CONGREGATIONAL CHURCH, printed at the end of the Senate pro- tional Register of Historic Places. The UNITED CHURCH OF CHRIST ceedings.) house and farmstead provided Parker ∑ Ms. SNOWE. Mr. President, I wish to f with an early appreciation for historic pay tribute to the First Congregational MESSAGES FROM THE HOUSE preservation, and after leaving Wash- Church, United Church of Christ of ington in 1974, he set out on a course to South Portland, ME, on the momen- At 10:46 a.m., a message from the help preserve Arkansas’s cultural leg- tous occasion of its 275th anniversary. House of Representatives, delivered by acy. What a tremendous milestone and en- Mrs. Cole, one of its reading clerks, an- While working for Governor Pryor, during testament to the church’s cen- nounced that the House has passed the Westbrook was elected to the Pioneer turies of spiritual leadership and good- following bills, in which it requests the Washington Foundation, Inc. Board, a will. concurrence of the Senate: private nonprofit group committed to Established in 1733, the church held H.R. 1327. An act to authorize State and preserving Historic Washington. Wash- its inaugural worship service in 1734 local governments to direct divestiture from, ington, AR, is home to the oldest con- and has, through its steady growth and and prevent investment in, companies with investments of $20,000,000 or more in Iran’s tinuous post office in Arkansas, estab- exemplary commitment to others, ex- lished on February 23, 1820 shortly energy sector, and for other purposes. panded its ministries, championed edu- H.R. 1700. An act to authorize the Adminis- after Arkansas became a territory. In cation for all, and engendered an abid- trator of General Services to convey a parcel 1979, Westbrook became a full-time vol- ing sense of fellowship for literally of real property in the District of Columbia unteer and restoration adviser. In 1980, hundreds of years. Although the phys- to provide for the establishment of a Na- he became the executive director and ical buildings of worship may have tional Women’s History Museum. was elected president of the foundation changed over time, the church’s funda- H.R. 2651. An act to amend title 46, United in 1990. He continued in that role until mental mission—to foster its congrega- States Code, to direct the Secretary of May of this year. Transportation to establish a maritime ca- tion’s spiritual life while offering out- reer training loan program, and for other In 1975, Westbrook was elected to the reach to others through words and ac- Historic Arkansas Museum Board of purposes. tions—has not wavered. H.R. 3371. An act to amend title 49, United Directors and has served that organiza- Although this church’s history and States Code, to improve airline safety and tion continuously for 34 years. For time-honored presence within the pilot training, and for other purposes. many years, he was chairman and now South Portland area are truly remark- The message also announced that the holds the title of chairman emeritus. able, the First Congregational Church, House has agreed to the following con- Westbrook was also appointed to the United Church of Christ concentrates current resolution, in which it requests Arkansas State Review Board of the its energies and attention on its cur- the concurrence of the Senate: Historic Preservation Program in 1975. rent and future role within the greater He was reappointed three times by H. Con. Res. 138. Concurrent resolution rec- community—to serve members of its ognizing the 40th anniversary of the George Governor Bill Clinton and again by congregation and people whose lives Bush Intercontinental Airport in Houston, Governor Jim Guy Tucker and served are enriched by the interaction of the Texas. as chairman for 41⁄2 years. ministry, the congregants, and the In addition, Westbrook has served on faith that binds them to a benevolence At 1:27 p.m., a message from the a number of other Arkansas historic of purpose that is an inspiration to all. House of Representatives, delivered by entities including the Historic Preser- Through such practical programs as Ms. Niland, one of its reading clerks, vation Alliance of Arkansas, Depart- the Discovery Center preschool, the announced that the House agrees to ment of Arkansas Heritage Advisory Community Crisis Ministries Program, the report of the committee of con- Board, the President William J. Clin- the Mission and Outreach Team—which ference on the disagreeing votes of the ton Birthplace Foundation, Corinth offer soup kitchen and food pantry as- two Houses on the amendment of the Cemetery Association in Howard Coun- sistance—and the Social Witness Min- Senate to the bill (H.R. 2892) making ty, Friends of the Carousel, and Main istries that address current socio- appropriations for the Department of Street Arkansas Advisory Board. cultural and environmental challenges, Homeland Security for the fiscal year He has been awarded the Arkansas this church truly extends its reach be- ending September 30, 2010, and for Historical Association’s Endowed His- yond its walls in the selfless quest to other purposes. tory Award and was recognized in 1986 contribute to others. ENROLLED BILLS SIGNED as Arkansas’s Distinguished Citizen for As 2009 represents a monumental mo- The President pro tempore (Mr. his volunteer work. ment of celebration in the life of the BYRD) announced that on today, Octo- In 1995, President Clinton recognized First Congregational Church, United ber 15, 2009, he had signed the following Westbrook’s longstanding service to Church of Christ, I wish to offer my enrolled bills, previously signed by the historic preservation and appointed heartfelt congratulations and profound Speaker of the House: him to the President’s Council for His- gratitude to all who have sustained the toric Preservation where he served S. 1717. A bill to authorize major medical dynamic work of this church in cen- facility leases for the Department of Vet- until 2003. turies past and who will do so for many erans Affairs for fiscal year 2010, and for In addition, Interior Secretary Bruce more years to come.∑ other purposes. Babbit twice appointed Parker to the f H.R. 1016. An act to amend title 38, United National Park System Advisory Board States Code, to provide advance appropria- where he served as chairman of the MESSAGES FROM THE PRESIDENT tions authority for certain accounts of the Committee on National Historic Land- Messages from the President of the Department of Veterans Affairs, and for marks. United States were communicated to other purposes. As you can see, Parker Westbrook H.R. 2997. An act making appropriations the Senate by Mrs. Neiman, one of his for Agriculture, Rural Development, Food has a long and distinguished career secretaries. and Drug Administration, and Related Agen- serving his community, Arkansas, and f cies programs for the fiscal year ending Sep- our Nation. tember 30, 2010, and for other purposes. As the Howard County Democratic EXECUTIVE MESSAGES REFERRED Central Committee recognizes Mr. As in executive session the Presiding At 3:50 p.m., a message from the Westbrook’s service, I extend my sin- Officer laid before the Senate messages House of Representatives, delivered by cere thanks and appreciation on behalf from the President of the United Mrs. Cole, one of its reading clerks, an- of all Arkansans for his devotion and States submitting sundry nominations nounced that the House has passed the commitment to public service through- which were referred to the appropriate following bill, in which it requests the out his life.∑ committees. concurrence of the Senate:

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24948 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 H.R. 2423. An act to designate the Federal Foreign Relations pursuant to 42 rections and Clarifications’’ (RIN2137–AE50) building and United States courthouse lo- U.S.C. 2159, and placed on the calendar: received in the Office of the President of the cated at 1300 Victoria Street in Laredo, Senate on October 13, 2009; to the Committee S.J. Res. 18. Joint resolution relating to Texas, as the ‘‘George P. Kazen Federal on Commerce, Science, and Transportation. Building and United States Courthouse.’’ the approval of the proposed agreement for EC–3377. A communication from the Assist- nuclear cooperation between the United ant Chief Counsel, Pipeline and Hazardous The message also announced that States and the United Arab Emirates. pursuant to 20 U.S.C. 955(b), and the Materials Safety Administration, Depart- f ment of Transportation, transmitting, pur- order of the House of January 6, 2009, suant to law, the report of a rule entitled the Speaker appoints the following ENROLLED BILL PRESENTED ‘‘Hazardous Materials: Revision of Require- Members of the House of Representa- The Secretary of the Senate reported ments for Emergency Response Telephone tives to the National Council on the that on today, October 15, 2009, she had Numbers’’ (RIN2137–AE21) received in the Of- Arts: Ms. MCCOLLUM of Minnesota and presented to the President of the fice of the President of the Senate on Octo- Mr. CARNAHAN ber 13, 2009; to the Committee on Commerce, of Missouri. United States the following enrolled The message further announced that Science, and Transportation. pursuant to 10 U.S.C. 4355(a), and the bill: EC–3378. A communication from the Regu- order of the House of January 6, 2009, S. 1717. An act to authorize major medical lations Officer, Federal Highway Adminis- tration, Department of Transportation, the Speaker appoints the following facility leases for the Department of Vet- erans Affairs for fiscal year 2010, and for transmitting, pursuant to law, the report of Members of the House of Representa- other purposes. a rule entitled ‘‘Express Lane Demonstration tives to the Board of Visitors to the Program’’ (RIN2125–AF07) received in the Of- f United States Military Academy: Mr. fice of the President of the Senate on Octo- LEWIS of California and Mr. SHIMKUS of EXECUTIVE AND OTHER ber 13, 2009; to the Committee on Commerce, Illinois. COMMUNICATIONS Science, and Transportation. EC–3379. A communication from the Pro- f The following communications were gram Analyst, Federal Aviation Administra- MEASURES REFERRED laid before the Senate, together with tion, Department of Transportation, trans- The following bills were read the first accompanying papers, reports, and doc- mitting, pursuant to law, the report of a rule uments, and were referred as indicated: entitled ‘‘Congestion Management Rule for and the second times by unanimous John F. Kennedy International Airport and EC–3371. A communication from the Direc- consent, and referred as indicated: Newark Liberty International Airport; RE- tor of Defense Procurement and Acquisition H.R. 22. An act to amend title 5, United SCISSION’’ (RIN2120–AJ48) received in the Policy, Department of Defense, transmit- States Code, to reduce the amount that the Office of the President of the Senate on Oc- ting, pursuant to law, the report of a rule en- United States Postal Service is required to tober 13, 2009; to the Committee on Com- titled ‘‘Defense Acquisition Regulation Sup- pay into the Postal Service Retiree Health merce, Science, and Transportation. Benefits Fund by the end of fiscal year 2009; plement; Department of Defense Inspector EC–3380. A communication from the Pro- to the Committee on Homeland Security and General Address’’ ((RIN0750–AG34)(DFARS gram Analyst, Federal Aviation Administra- Governmental Affairs. Case 2009–D001)) received in the Office of the tion, Department of Transportation, trans- H.R. 1327. An act to authorize State and President of the Senate on October 13, 2009; mitting, pursuant to law, the report of a rule local governments to direct divestiture from, to the Committee on Armed Services. entitled ‘‘Congestion Management Rule for and prevent investment in, companies with EC–3372. A communication from the Direc- LaGuardia Airport; RESCISSION’’ (RIN2120– investments of $20,000,000 or more in Iran’s tor of Defense Procurement and Acquisition AJ49) received in the Office of the President energy sector, and for other purposes; to the Policy, Department of Defense, transmit- of the Senate on October 13, 2009; to the Com- Committee on Banking, Housing, and Urban ting, pursuant to law, the report of a rule en- mittee on Commerce, Science, and Transpor- Affairs. titled ‘‘Defense Acquisition Regulation Sup- H.R. 1700. An act to authorize the Adminis- tation. plement; Restriction on Research and Devel- EC–3381. A communication from the Pro- trator of General Services to convey a parcel opment—Deletion of Obsolete Text’’ gram Analyst, Federal Aviation Administra- of real property in the District of Columbia ((RIN0750–AG33) (DFARS Case 2009–D005)) re- tion, Department of Transportation, trans- to provide for the establishment of a Na- ceived in the Office of the President of the tional Women’s History Museum; to the mitting, pursuant to law, the report of a rule Senate on October 13, 2009; to the Committee entitled ‘‘Establishment of Restricted Area Committee on Environment and Public on Armed Services. Works. R—2502A; Fort Irwin, CA; Docket No. 09– EC–3373. A communication from the Acting AWP—3’’ (RIN2120—AA66) received in the Of- H.R. 2423. An act to designate the Federal Deputy General Counsel of the National building and United States courthouse lo- fice of the President of the Senate on Octo- Credit Union Administration, transmitting, cated at 1300 Victoria Street in Laredo, ber 13, 2009; to the Committee on Commerce, pursuant to law, the report of a rule entitled Texas, as the ‘‘George P. Kazen Federal Science, and Transportation. ‘‘Exception to the Maturity Limit on Second Building and United States Courthouse’’, and EC–3382. A communication from the Pro- Mortgages’’ (RIN3133–AD64) received in the to designate the jury room in that Federal gram Analyst, Federal Aviation Administra- Office of the President of the Senate on Oc- building and United States courthouse as the tion, Department of Transportation, trans- tober 14, 2009; to the Committee on Banking, ‘‘Marcel C. Notzon II Jury Room’’; to the mitting, pursuant to law, the report of a rule Housing, and Urban Affairs. Committee on Environment and Public entitled ‘‘Standard Instrument Approach EC–3374. A communication from the Pro- Works. Procedures (105); Amdt. No. 3338’’ (RIN2120– H.R. 2651. An act to amend title 46, United gram Analyst, Federal Aviation Administra- AA65) received in the Office of the President States Code, to direct the Secretary of tion, Department of Transportation, trans- of the Senate on October 13, 2009; to the Com- Transportation to establish a maritime ca- mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- reer training loan program, and for other entitled ‘‘Requirement for Amateur Rocket tation. purposes; to the Committee on Commerce, Activities; CORRECTION’’ (RIN2120–AI88) re- EC–3383. A communication from the Pro- Science, and Transportation. ceived in the Office of the President of the gram Analyst, Federal Aviation Administra- H.R. 3371. An act to amend title 49, United Senate on October 13, 2009; to the Committee tion, Department of Transportation, trans- States Code, to improve airline safety and on Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule pilot training, and for other purposes; to the EC–3375. A communication from the Para- entitled ‘‘Standard Instrument Approach Committee on Commerce, Science, and legal, Federal Transportation Administra- Procedures (7); Amdt. No. 3339’’ (RIN2120– Transportation. tion, Department of Transportation, trans- AA65) received in the Office of the President The following concurrent resolution mitting, pursuant to law, the report of a rule of the Senate on October 13, 2009; to the Com- was read, and referred as indicated: entitled ‘‘Bus Testing: Phase-In of Brake mittee on Commerce, Science, and Transpor- Performance and Emissions Testing, and tation. H. Con. Res. 138. Concurrent resolution rec- Program Updates’’ (RIN2132–AA95) received EC–3384. A communication from the Pro- ognizing the 40th anniversary of the George in the Office of the President of the Senate gram Analyst, Federal Aviation Administra- Bush Intercontinental Airport in Houston, on October 13, 2009; to the Committee on tion, Department of Transportation, trans- Texas; to the Committee on Commerce, Commerce, Science, and Transportation. mitting, pursuant to law, the report of a rule Science, and Transportation. EC–3376. A communication from the Assist- entitled ‘‘Standard Instrument Approach f ant Chief Counsel, Pipeline and Hazardous Procedures (8); Amdt. No. 3341’’ (RIN2120– MEASURES DISCHARGED Materials Safety Administration, Depart- AA65) received in the Office of the President ment of Transportation, transmitting, pur- of the Senate on October 13, 2009; to the Com- The following joint resolution was suant to law, the report of a rule entitled mittee on Commerce, Science, and Transpor- discharged from the Committee on ‘‘Hazardous Materials: Minor Editorial Cor- tation.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24949 EC–3385. A communication from the Pro- EC–3393. A communication from the Pro- EC–3401. A communication from the Pro- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- tion, Department of Transportation, trans- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule entitled ‘‘Standard Instrument Approach entitled ‘‘Establishment of Class D Airspace entitled ‘‘Airworthiness Directives; Boeing Procedures (122); Amdt. No. 3340’’ (RIN2120– and Amendment of Class E Airspace; North Model 747–100, –100B, –100B SUD, –200B, –200C, AA65) received in the Office of the President Bend, OR’’ ((RIN2120–AA66) (Docket No. –200F, –300, –400, –400D, –400F, and 747SR Se- of the Senate on October 13, 2009; to the Com- FAA–2008–0006)) received in the Office of the ries Airplanes’’ ((RIN2120–AA64) (10–5/10–1/ mittee on Commerce, Science, and Transpor- President of the Senate on October 13, 2009; 0293/NM–221)) received in the Office of the tation. to the Committee on Commerce, Science, President of the Senate on October 13, 2009; EC–3386. A communication from the Pro- and Transportation. to the Committee on Commerce, Science, gram Analyst, Federal Aviation Administra- EC–3394. A communication from the Pro- and Transportation. tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- EC–3402. A communication from the Pro- mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- entitled ‘‘Part 95 Instrument Flight Rules mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule (20); Amdt. No. 483’’ (RIN2120–AA63) received entitled ‘‘Modification of Class D and E Air- entitled ‘‘Airworthiness Directives; Boeing in the Office of the President of the Senate space, Removal of Class E Airspace; Agua- Model 727–281 Airplanes Equipped with Auxil- on October 13, 2009; to the Committee on dilla, PR’’ ((RIN2120–AA66) (Docket No. iary Fuel Tanks Installed in Accordance Commerce, Science, and Transportation. FAA–2009–0053)) received in the Office of the EC–3387. A communication from the Pro- with Supplemental Type Certificate President of the Senate on October 13, 2009; SA3449NM’’ ((RIN2120–AA64) (9–21/9–21/1325/ gram Analyst, Federal Aviation Administra- to the Committee on Commerce, Science, tion, Department of Transportation, trans- NM–157)) received in the Office of the Presi- and Transportation. mitting, pursuant to law, the report of a rule dent of the Senate on October 13, 2009; to the EC–3395. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing Committee on Commerce, Science, and gram Analyst, Federal Aviation Administra- Model 727 Airplanes’’ ((RIN2120–AA64) (Dock- Transportation. tion, Department of Transportation, trans- et No. FAA–2008–1117)) received in the Office EC–3403. A communication from the Pro- mitting, pursuant to law, the report of a rule of the President of the Senate on October 13, gram Analyst, Federal Aviation Administra- entitled ‘‘Establishment of Class D Airspace, 2009; to the Committee on Commerce, tion, Department of Transportation, trans- Modification of Class E Airspace; Bunnell, Science, and Transportation. mitting, pursuant to law, the report of a rule EC–3388. A communication from the Pro- Florida’’ ((RIN2120–AA66) (9–24/9–25/0327/ASO– entitled ‘‘Airworthiness Directives; Teledyne gram Analyst, Federal Aviation Administra- 014)) received in the Office of the President Continental Motors O–470, IO–470, TSIO–470, tion, Department of Transportation, trans- of the Senate on October 1, 2009; to the Com- IO–520, TSIO–520, IO–550, and IOF–550’’ mitting, pursuant to law, the report of a rule mittee on Commerce, Science, and Transpor- ((RIN2120–AA64) (9–21/9–21/0367/NE–10)) re- entitled ‘‘Airworthiness Directives; tation. ceived in the Office of the President of the DORNIER LUFTAHRT GmbH Models EC–3396. A communication from the Pro- Senate on October 13, 2009; to the Committee Dornier 228–100, Dornier 228–101, Dornier 228– gram Analyst, Federal Aviation Administra- on Commerce, Science, and Transportation. 200, Dornier 228–201, and Dornier 228–202 Air- tion, Department of Transportation, trans- EC–3404. A communication from the Pro- gram Analyst, Federal Aviation Administra- planes’’ ((RIN2120–AA64) (Docket No. FAA– mitting, pursuant to law, the report of a rule tion, Department of Transportation, trans- 2009–0574)) received in the Office of the Presi- entitled ‘‘Modification of Class E Airspace; mitting, pursuant to law, the report of a rule dent of the Senate on October 13, 2009; to the Franklin, North Carolina’’ ((RIN2120–AA66) entitled ‘‘Airworthiness Directives; Boeing Committee on Commerce, Science, and (9–24/9–25/0986/ASO–15)) received in the Office Model 767–200, –300, and –300F Series Air- Transportation. of the President of the Senate on October 13, EC–3389. A communication from the Pro- 2009; to the Committee on Commerce, planes’’ ((RIN2120–AA64) (10–1/10–1/1363/NM– gram Analyst, Federal Aviation Administra- Science, and Transportation. 104)) received in the Office of the President tion, Department of Transportation, trans- EC–3397. A communication from the Pro- of the Senate on October 13, 2009; to the Com- mittee on Commerce, Science, and Transpor- mitting, pursuant to law, the report of a rule gram Analyst, Federal Aviation Administra- tation. entitled ‘‘Airworthiness Directives; Glaser- tion, Department of Transportation, trans- EC–3405. A communication from the Pro- Dirks Flugzeugbau GmbH Model DG–100 mitting, pursuant to law, the report of a rule entitled ‘‘Amendment of Class E Airspace; gram Analyst, Federal Aviation Administra- Gliders’’ ((RIN2120–AA64) (Docket No. FAA– tion, Department of Transportation, trans- 2009–0881)) received in the Office of the Presi- Platteville, Wisconsin’’ ((RIN2120–AA66) (10– 9/ 10–9/0512/AGL–9)) received in the Office of mitting, pursuant to law, the report of a rule dent of the Senate on October 13, 2009; to the entitled ‘‘Airworthiness Directives; Boeing Committee on Commerce, Science, and the President of the Senate on October 13, 2009; to the Committee on Commerce, Model 727 Airplanes’’ ((RIN2120–AA64) (10–1/ Transportation. 10–1/0646/NM–359)) received in the Office of EC–3390. A communication from the Pro- Science, and Transportation. the President of the Senate on October 13, gram Analyst, Federal Aviation Administra- EC–3398. A communication from the Pro- 2009; to the Committee on Commerce, tion, Department of Transportation, trans- gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- Science, and Transportation. mitting, pursuant to law, the report of a rule EC–3406. A communication from the Pro- mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Airbus gram Analyst, Federal Aviation Administra- entitled ‘‘Modification of Class E Airspace; Model A318, A319, A320 and A321 Series Air- tion, Department of Transportation, trans- Pueblo, Colorado’’ ((RIN2120–AA66) (10–9/10–9/ planes’’ ((RIN2120–AA64) (Docket No. FAA– mitting, pursuant to law, the report of a rule 0349/ANM–6)) received in the Office of the 2007–0390)) received in the Office of the Presi- entitled ‘‘Airworthiness Directives; Boeing President of the Senate on October 13, 2009; dent of the Senate on October 13, 2009; to the Model 737–300, –400, and –500 Series Airplanes to the Committee on Commerce, Science, Committee on Commerce, Science, and Equipped with a Digital Transient Suppres- and Transportation. Transportation. sion Device (DTSD) Installed in Accordance EC–3391. A communication from the Pro- EC–3399. A communication from the Pro- with Supplemental Type Certificate (STC) gram Analyst, Federal Aviation Administra- gram Analyst, Federal Aviation Administra- ST00127BO’’ ((RIN2120–AA64) (10–1/10–1/05221/ tion, Department of Transportation, trans- tion, Department of Transportation, trans- NM–187)) received in the Office of the Presi- mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule dent of the Senate on October 13, 2009; to the entitled ‘‘Airworthiness Directives; Airbus entitled ‘‘Establishment of Class E Airspace; Committee on Commerce, Science, and Model A310–203 and –222 Airplanes and Model Little River, California’’ ((RIN2120–AA66)(10– Transportation. A300 B4–620 Airplanes’’ ((RIN2120–AA64) 9/10–9/0617/AWP–5)) received in the Office of EC–3407. A communication from the Pro- (Docket No. FAA–2009–0431)) received in the the President of the Senate on October 13, gram Analyst, Federal Aviation Administra- Office of the President of the Senate on Oc- 2009; to the Committee on Commerce, tion, Department of Transportation, trans- tober 13, 2009; to the Committee on Com- Science, and Transportation. mitting, pursuant to law, the report of a rule merce, Science, and Transportation. EC–3400. A communication from the Pro- entitled ‘‘Airworthiness Directives; Boeing EC–3392. A communication from the Pro- gram Analyst, Federal Aviation Administra- Model 767–200 and –300 Series Airplanes’’ gram Analyst, Federal Aviation Administra- tion, Department of Transportation, trans- ((RIN2120–AA64) (9–24/9–29/0682/NM–237)) re- tion, Department of Transportation, trans- mitting, pursuant to law, the report of a rule ceived in the Office of the President of the mitting, pursuant to law, the report of a rule entitled ‘‘Airworthiness Directives; Glaser- Senate on October 13, 2009; to the Committee entitled ‘‘Establishment of Class E Airspace; Dirks Flugzeugbau GmbH Model DG—100 on Commerce, Science, and Transportation. Ronan, MT’’ ((RIN2120–AA66) (Docket No. Gliders’’ ((RIN2120–AA64) (10–5/10–5/0897/CE– EC–3408. A communication from the Attor- FAA–2009–0552)) received in the Office of the 048)) received in the Office of the President ney Advisor, U.S. Coast Guard, Department President of the Senate on October 13, 2009; of the Senate on October 13, 2009; to the Com- of Homeland Security, transmitting, pursu- to the Committee on Commerce, Science, mittee on Commerce, Science, and Transpor- ant to law, the report of a rule entitled ‘‘Di- and Transportation. tation. rect Final Rule; Safety and Security Zones:

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24950 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 Pilgrim Nuclear Power Plant, Plymouth, By Mr. LEAHY, from the Committee on By Mr. ROCKEFELLER (for himself Massachusetts’’ ((RIN1625–AA00) (Docket No. the Judiciary, with amendments: and Mr. GRASSLEY): USG–2009–0311)) received in the Office of the S. 379. A bill to provide fair compensation S. 1792. A bill to amend the Internal Rev- President of the Senate on October 14, 2009; to artists for use of their sound recordings. enue Code of 1986 to modify the requirements to the Committee on Commerce, Science, By Mr. HARKIN, from the Committee on for windows, doors, and skylights to be eligi- and Transportation. Health, Education, Labor, and Pensions, ble for the credit for nonbusiness energy EC–3409. A communication from the Attor- without amendment: property; to the Committee on Finance. ney Advisor, U.S. Coast Guard, Department S. 1793. An original bill to amend title By Mr. HARKIN: of Homeland Security, transmitting, pursu- XXVI of the Public Health Service Act to re- S. 1793. An original bill to amend title ant to law, the report of a rule entitled ‘‘Ves- vise and extend the program for providing XXVI of the Public Health Service Act to re- sel and Facility Response Plans for Oil: 2003 life-saving care for those with HIV/AIDS. vise and extend the program for providing Removal Equipment Requirements and Al- f life-saving care for those with HIV/AIDS; ternative Technology Revisions’’ ((RIN1625– from the Committee on Health, Education, AA26) (Docket No. USG–2001–8661)) received EXECUTIVE REPORTS OF Labor, and Pensions; placed on the calendar. in the Office of the President of the Senate COMMITTEES By Mr. BROWNBACK (for himself and on October 14, 2009; to the Committee on The following executive reports of Mr. ROBERTS): Commerce, Science, and Transportation. nominations were submitted: S. 1794. A bill to authorize and request the EC–3410. A communication from the Acting President to award the Medal of Honor post- Chairman, National Transportation Safety By Mr. LEAHY for the Committee on the humously to Captain Emil Kapaun of the Board, transmitting, pursuant to law, a re- Judiciary. United States Army for acts of valor during port relative to the activities performed by Jacqueline H. Nguyen, of California, to be the Korean War; to the Committee on Armed the agency that are not inherently govern- United States District Judge for the Central Services. mental functions; to the Committee on Com- District of California. By Ms. MURKOWSKI (for herself and Edward Milton Chen, of California, to be merce, Science, and Transportation. Mr. BEGICH): EC–3411. A communication from the Chief United States District Judge for the North- S. 1795. A bill to amend title 49, United of Staff, Media Bureau, Federal Communica- ern District of California. States Code, to permit certain revenues of Dolly M. Gee, of California, to be United tions Commission, transmitting, pursuant to private providers of public transportation by States District Judge for the Central Dis- law, the report of a rule entitled ‘‘Television vanpool received from providing public trict of California. Broadcasting Services; New Orleans, Lou- transportation to be used for the purpose of Richard Seeborg, of California, to be isiana’’ (MB Docket No. 09–147) received in acquiring rolling stock, and to permit cer- United States District Judge for the North- the Office of the President of the Senate on tain expenditures of private vanpool contrac- ern District of California. October 8, 2009; to the Committee on Com- tors to be credited toward the local match- merce, Science, and Transportation. (Nominations without an asterisk ing share of the costs of public transpor- EC–3412. A communication from the Assist- were reported with the recommenda- tation projects; to the Committee on Com- ant Secretary, Bureau of Legislative Affairs, tion that they be confirmed.) merce, Science, and Transportation. Department of State, transmitting, pursuant f f to the Arms Export Control Act, the certifi- cation of a proposed amendment to a manu- INTRODUCTION OF BILLS AND ADDITIONAL COSPONSORS facturing license agreement for the export of JOINT RESOLUTIONS S. 46 defense articles, including, technical data, The following bills and joint resolu- At the request of Mr. ENSIGN, the and defense services to Japan relative to the AN/ASA–70 Tactical Data Display Group in tions were introduced, read the first names of the Senator from Georgia the amount of $100,000,000 or more; to the and second times by unanimous con- (Mr. CHAMBLISS) and the Senator from Committee on Foreign Relations. sent, and referred as indicated: Utah (Mr. BENNETT) were added as co- EC–3413. A communication from the Assist- By Mr. FRANKEN: sponsors of S. 46, a bill to amend title ant Secretary, Bureau of Legislative Affairs, S. 1788. A bill to direct the Secretary of XVIII of the Social Security Act to re- Department of State, transmitting, pursuant Labor to issue an occupational safety and peal the Medicare outpatient rehabili- to the Arms Export Control Act, the certifi- health standard to reduce injuries to pa- tation therapy caps. cation of a proposed manufacturing license tients, direct-care registered nurses, and all S. 451 agreement for the export of defense articles, other health care workers by establishing a including, technical data related to firearms safe patient handling and injury prevention At the request of Ms. COLLINS, the to the United Kingdom relative to Lewis Ma- standard, and for other purposes; to the name of the Senator from Alabama chine and Tool Co. (LMT) .309 caliber Committee on Health, Education, Labor, and (Mr. SESSIONS) was added as a cospon- (7.62mm) Semi Automatic Rifles in the Pensions. sor of S. 451, a bill to require the Sec- amount of $1,000,000 or more; to the Com- By Mr. DURBIN (for himself, Mr. retary of the Treasury to mint coins in mittee on Foreign Relations. LEAHY, Mr. SPECTER, Mr. FEINGOLD, commemoration of the centennial of EC–3414. A communication from the Chair- Mr. CARDIN, Mr. WHITEHOUSE, Mr. the establishment of the Girl Scouts of man of the Board, Pension Benefit Guaranty KAUFMAN, Mr. FRANKEN, Mr. DODD, Corporation, transmitting, pursuant to law, Mr. KERRY, and Mr. LEVIN): the United States of America. the Semi-Annual Report of the Inspector S. 1789. A bill to restore fairness to Federal S. 461 General for the period from October 1, 2008 cocaine sentencing; to the Committee on the At the request of Mrs. LINCOLN, the through March 31, 2009; to the Committee on Judiciary. name of the Senator from Alabama Homeland Security and Governmental Af- By Mr. DORGAN (for himself, Mr. (Mr. SESSIONS) was added as a cospon- fairs. REID, Ms. MURKOWSKI, Mr. UDALL of sor of S. 461, a bill to amend the Inter- EC–3415. A communication from the Chief New Mexico, Mr. WHITEHOUSE, Mr. Privacy Officer, Department of Homeland JOHNSON, Mr. TESTER, Mr. AKAKA, nal Revenue Code of 1986 to extend and Security, transmitting, pursuant to law, a Mr. CONRAD, Mr. BEGICH, Mr. modify the railroad track maintenance report entitled ‘‘Privacy Office Fourth Quar- FRANKEN, Mr. BURRIS, Mr. INOUYE, credit. ter Fiscal Year 2009 Report to Congress’’; to Ms. STABENOW, Mr. UDALL of Colo- S. 546 the Committee on Homeland Security and rado, and Ms. KLOBUCHAR): At the request of Mr. REID, the name Governmental Affairs. S. 1790. A bill to amend the Indian Health of the Senator from Montana (Mr. BAU- f Care Improvement Act to revise and extend that Act, and for other purposes; to the Com- CUS) was added as a cosponsor of S. 546, REPORTS OF COMMITTEES mittee on Indian Affairs. a bill to amend title 10, United States By Mr. BROWN: Code, to permit certain retired mem- The following reports of committees S. 1791. A bill to establish the Honorable bers of the uniformed services who were submitted: Stephanie Tubbs Jones Fire Suppression have a service-connected disability to By Mr. LEAHY, from the Committee on Demonstration Incentive Program within receive both disability compensation the Judiciary, with an amendment in the na- the Department of Education to promote in- from the Department of Veterans Af- ture of a substitute: stallation of fire sprinkler systems, or other S. 369. A bill to prohibit brand name drug fire suppression or prevention technologies, fairs for their disability and either re- companies from compensating generic drug in qualified student housing and dormitories, tired pay by reason of their years of companies to delay the entry of a generic and for other purposes; to the Committee on military service or Combat-Related drug into the market. Health, Education, Labor, and Pensions. Special Compensation.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00046 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24951

S. 619 S. 870 S. 1304 At the request of Ms. SNOWE, the At the request of Mrs. LINCOLN, the At the request of Mr. GRASSLEY, the name of the Senator from Connecticut name of the Senator from Georgia (Mr. name of the Senator from Massachu- (Mr. LIEBERMAN) was added as a co- CHAMBLISS) was added as a cosponsor of setts (Mr. KIRK) was added as a cospon- sponsor of S. 619, a bill to amend the S. 870, a bill to amend the Internal sor of S. 1304, a bill to restore the eco- Federal Food, Drug, and Cosmetic Act Revenue Code of 1986 to expand the nomic rights of automobile dealers, to preserve the effectiveness of medi- credit for renewable electricity produc- and for other purposes. cally important antibiotics used in the tion to include electricity produced S. 1340 treatment of human and animal dis- from biomass for on-site use and to At the request of Mr. LEAHY, the eases. modify the credit period for certain fa- name of the Senator from New York S. 658 cilities producing electricity from (Mr. SCHUMER) was added as a cospon- At the request of Mr. TESTER, the open-loop biomass. sor of S. 1340, a bill to establish a min- name of the Senator from Oregon (Mr. S. 956 imum funding level for programs under WYDEN) was added as a cosponsor of S. At the request of Mr. TESTER, the the Victims of Crime Act of 1984 for fis- 658, a bill to amend title 38, United name of the Senator from North Caro- cal years 2010 to 2014 that ensures a States Code, to improve health care for lina (Mrs. HAGAN) was added as a co- reasonable growth in victim programs veterans who live in rural areas, and sponsor of S. 956, a bill to amend title without jeopardizing the long-term for other purposes. XVIII of the Social Security Act to ex- sustainability of the Crime Victims S. 663 empt unsanctioned State-licensed re- Fund. At the request of Mr. NELSON of Ne- tail pharmacies from the surety bond S. 1360 braska, the names of the Senator from requirement under the Medicare Pro- At the request of Mr. BINGAMAN, the Montana (Mr. BAUCUS) and the Senator gram for suppliers of durable medical name of the Senator from New Jersey from New York (Mrs. GILLIBRAND) were equipment, prosthetics, orthotics, and (Mr. LAUTENBERG) was added as a co- added as cosponsors of S. 663, a bill to supplies (DMEPOS). sponsor of S. 1360, a bill to amend the amend title 38, United States Code, to S. 1056 Internal Revenue Code of 1986 to ex- clude from gross income amounts re- direct the Secretary of Veterans Af- At the request of Mr. VOINOVICH, the fairs to establish the Merchant Mariner names of the Senator from New Hamp- ceived on account of claims based on certain unlawful discrimination and to Equity Compensation Fund to provide shire (Mrs. SHAHEEN) and the Senator allow income averaging for backpay benefits to certain individuals who from Idaho (Mr. RISCH) were added as served in the United States merchant cosponsors of S. 1056, a bill to establish and frontpay awards received on ac- marine (including the Army Transport a commission to develop legislation de- count of such claims, and for other pur- Service and the Naval Transport Serv- signed to reform tax policy and entitle- poses. ice) during World War II. ment benefit programs and ensure a S. 1421 S. 727 sound fiscal future for the United At the request of Mr. LEVIN, the At the request of Ms. LANDRIEU, the States, and for other purposes. name of the Senator from Pennsyl- vania (Mr. CASEY) was added as a co- name of the Senator from Rhode Island S. 1076 (Mr. REED) was added as a cosponsor of sponsor of S. 1421, a bill to amend sec- At the request of Mr. MENENDEZ, the S. 727, a bill to amend title 18, United tion 42 of title 18, United States Code, name of the Senator from Massachu- States Code, to prohibit certain con- to prohibit the importation and ship- setts (Mr. KERRY) was added as a co- duct relating to the use of horses for ment of certain species of carp. sponsor of S. 1076, a bill to improve the human consumption. S. 1584 accuracy of fur product labeling, and S. 729 for other purposes. At the request of Mr. MERKLEY, the At the request of Mr. DURBIN, the name of the Senator from Louisiana S. 1136 name of the Senator from Delaware (Ms. LANDRIEU) was added as a cospon- At the request of Ms. STABENOW, the (Mr. KAUFMAN) was added as a cospon- sor of S. 1584, a bill to prohibit employ- sor of S. 729, a bill to amend the Illegal name of the Senator from New York ment discrimination on the basis of Immigration Reform and Immigrant (Mrs. GILLIBRAND) was added as a co- sexual orientation or gender identity. sponsor of S. 1136, a bill to establish a Responsibility Act of 1996 to permit S. 1608 chronic care improvement demonstra- States to determine State residency for At the request of Ms. STABENOW, the tion program for Medicaid beneficiaries higher education purposes and to au- name of the Senator from Arkansas with severe mental illnesses. thorize the cancellation of removal and (Mrs. LINCOLN) was added as a cospon- adjustment of status of certain alien S. 1147 sor of S. 1608, a bill to prepare young students who are long-term United At the request of Mr. KOHL, the name people in disadvantaged situations for States residents and who entered the of the Senator from California (Mrs. a competitive future. United States as children, and for FEINSTEIN) was added as a cosponsor of S. 1685 other purposes. S. 1147, a bill to prevent tobacco smug- At the request of Mr. SANDERS, the S. 823 gling, to ensure the collection of all to- names of the Senator from Maryland At the request of Ms. SNOWE, the bacco taxes, and for other purposes. (Ms. MIKULSKI) and the Senator from name of the Senator from California S. 1171 New Mexico (Mr. UDALL) were added as (Mrs. BOXER) was added as a cosponsor At the request of Mr. PRYOR, the cosponsors of S. 1685, a bill to provide of S. 823, a bill to amend the Internal name of the Senator from Ohio (Mr. an emergency benefit of $250 to seniors, Revenue Code of 1986 to allow a 5-year VOINOVICH) was added as a cosponsor of veterans, and persons with disabilities carryback of operating losses, and for S. 1171, a bill to amend title XVIII of in 2010 to compensate for the lack of a other purposes. the Social Security Act to restore cost-of-living adjustment for such year, S. 831 State authority to waive the 35-mile and for other purposes. At the request of Mr. KERRY, the rule for designating critical access hos- S. 1700 name of the Senator from Virginia (Mr. pitals under the Medicare Program. At the request of Mr. LUGAR, the WARNER) was added as a cosponsor of S. S. 1177 name of the Senator from Indiana (Mr. 831, a bill to amend title 10, United At the request of Mr. KOHL, the name BAYH) was added as a cosponsor of S. States Code, to include service after of the Senator from Maine (Ms. COL- 1700, a bill to require certain issuers to September 11, 2001, as service quali- LINS) was added as a cosponsor of S. disclose payments to foreign govern- fying for the determination of a re- 1177, a bill to improve consumer protec- ments for the commercial development duced eligibility age for receipt of non- tions for purchasers of long-term care of oil, natural gas, and minerals, to ex- regular service retired pay. insurance, and for other purposes. press the sense of Congress that the

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24952 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 President should disclose any payment Mr. FRANKEN. Mr. President, today There being no objection, the text of relating to the commercial develop- I am introducing a bill to help keep our the bill was ordered to be printed in ment of oil, natural gas, and minerals country’s invaluable nurses and health the RECORD, as follows: on Federal land, and for other pur- care workers safe from debilitating in- S. 1788 poses. juries suffered on the job. This legisla- tion will require workplace standards Be it enacted by the Senate and House of Rep- S. 1723 resentatives of the United States of America in At the request of Mr. CORKER, the that eliminate the manual lifting of Congress assembled, patients—the primary cause of mus- name of the Senator from Utah (Mr. SECTION 1. SHORT TITLE; FINDINGS; TABLE OF BENNETT) was added as a cosponsor of culoskeletal disorders in the health CONTENTS. care profession. And I want to first S. 1723, a bill to authorize the Sec- (a) SHORT TITLE.—This Act may be cited as retary of the Treasury to delegate thank my colleague in the House, Rep- the ‘‘Nurse and Health Care Worker Protec- management authority over troubled resentative CONYERS of Michigan’s l4th tion Act of 2009’’. assets purchased under the Troubled District, for his leadership on this issue (b) FINDINGS.—Congress finds the fol- Asset Relief Program, to require the and for the impressive work he put into lowing: establishment of a trust to manage as- crafting this bill. (1) In 2007, direct-care registered nurses sets of certain designated TARP recipi- When we think of dangerous working ranked seventh among all occupations for the number of cases of musculoskeletal dis- ents, and for other purposes. conditions, mines or construction sites might come to mind. But in fact, work orders resulting in days away from work— S. 1776 performed in hospitals and nursing 8,580 total cases. Nursing aides, orderlies, At the request of Ms. STABENOW, the homes contributes to thousands of and attendants sustained 24,340 musculo- names of the Senator from New Mexico cases of musculoskeletal disorders in skeletal disorders in 2007, the second highest of any occupation. The leading cause of these (Mr. UDALL), the Senator from Penn- nurses and health care workers each sylvania (Mr. CASEY), the Senator from injuries in health care are the result of pa- year. These injuries require time away tient lifting, transferring, and repositioning Alaska (Mr. BEGICH), and the Senator from work, and unfortunately, many injuries. from Vermont (Mr. LEAHY) were added workers suffering from chronic back (2) The physical demands of the nursing as cosponsors of S. 1776, a bill to amend injury are forced to leave the profes- profession lead many nurses to leave the pro- title XVIII of the Social Security Act sion permanently. Nurses and health fession. Fifty-two percent of nurses complain to provide for the update under the care workers deserve better—they of chronic back pain and 38 percent suffer Medicare physician fee schedule for shouldn’t have to sacrifice their safety from pain severe enough to require leave years beginning with 2010 and to sunset from work. Many nurses and other health and their livelihood to help others, es- care workers suffering back injury do not re- the application of the sustainable pecially when many of these injuries growth rate formula, and for other pur- turn to work. could be prevented. (3) Patients are not at optimum levels of poses. The manual lifting of patients is the safety while being lifted, transferred, or S. 1783 primary cause of musculoskeletal inju- repositioned manually. Mechanical lift pro- At the request of Mr. FRANKEN, the ries, and can be eliminated with the grams can substantially reduce skin tears name of the Senator from Minnesota use of lifting equipment. Many health suffered by patients and the frequency of pa- (Ms. KLOBUCHAR) was added as a co- care facilities already have this equip- tients being dropped, thus allowing patients sponsor of S. 1783, a bill to amend the ment available, and studies have shown a safer means to progress through their care. Agricultural Marketing Act of 1946 to that it reduces injuries to workers, in- (4) The development of assistive patient handling equipment and devices has essen- provide for country of origin labeling creases safety for patients, and is a tially rendered the act of strict manual pa- for dairy products. cost-effective investment over several tient handling unnecessary as a function of S. RES. 307 years. nursing care. At the request of Mr. BUNNING, the This legislation would require the (5) A growing number of health care facili- name of the Senator from Georgia (Mr. Department of Labor to propose stand- ties have incorporated patient handling tech- nology and have reported positive results. ISAKSON) was added as a cosponsor of S. ards for safe patient handling to pre- Injuries among nursing staff have dramati- Res. 307, a resolution to require that vent musculoskeletal disorders for health care workers, and eliminate cally declined since implementing patient all legislative matters be available and handling equipment and devices. As a result, fully scored by CBO 72 hours before manual lifting of patients through the use of lift equipment. It would also re- the number of lost work days due to injury consideration by any subcommittee or and staff turnover has declined. Studies have committee of the Senate or on the quire health care facilities to develop also shown that assistive patient handling floor of the Senate. safe patient handling plans and provide technology successfully reduces workers’ training on safe patient handling tech- compensation costs for musculoskeletal dis- S. RES. 312 niques. orders. At the request of Mr. DURBIN, the Under the bill, health care workers (6) Establishing a safe patient handling and name of the Senator from New Jersey would have the right to refuse assign- injury prevention standard for direct-care (Mr. MENENDEZ) was added as a cospon- ments that are not in compliance with registered nurses and other health care sor of S. Res. 312, a resolution express- safe patient handling standards and be workers is a critical component in pro- ing the sense of the Senate on empow- protected from employer retaliation tecting nurses and other health care work- ering and strengthening the United ers, addressing the nursing shortage, and in- against workers who refuse these as- creasing patient safety. States Agency for International Devel- signments or report violations. opment (USAID). To help health care facilities to (c) TABLE OF CONTENTS.—The table of con- tents of this Act is as follows: f make this transition, the bill creates a Sec. 1. Short title; findings; table of con- STATEMENTS ON INTRODUCED new grant program for needy health care facilities that require financial as- tents. BILLS AND JOINT RESOLUTIONS sistance to purchase safe patient han- Sec. 2. Safe patient handling and injury pre- vention standard. By Mr. FRANKEN: dling equipment. S. 1788. A bill to direct the Secretary I urge my colleagues to support the Sec. 3. Protection of direct-care registered nurses and health care workers. of Labor to issue an occupational safe- Nurse and Health Care Worker Protec- ty and health standard to reduce inju- tion Act. All of us benefit from the Sec. 4. Application of safe patient handling ries to patients, direct-care registered and injury prevention standard services these professionals provide, to health care facilities not nurses, and all other health care work- and by passing this legislation, we can covered by OSHA. ers by establishing a safe patient han- help ensure they are able to safely con- Sec. 5. Financial assistance to needy health dling and injury prevention standard, tinue in their important careers. care facilities in the purchase and for other purposes; to the Com- Mr. President, I ask unanimous con- of safe patient handling and in- mittee on Health, Education, Labor, sent that the text of this bill be printed jury prevention equipment. and Pensions. in the RECORD. Sec. 6. Definitions.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0655 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24953 SEC. 2. SAFE PATIENT HANDLING AND INJURY cies, equipment, and devices at least on an (A) reports a violation or a suspected viola- PREVENTION STANDARD. annual basis. Such training shall include tion of this Act or the safe patient handling (a) RULEMAKING.—Not later than 1 year providing information on hazard identifica- and injury prevention standard to the Sec- after the date of the enactment of this Act, tion, assessment, and control of musculo- retary of Labor, a public regulatory agency, the Secretary of Labor, shall, pursuant to skeletal hazards in patient care areas and a private accreditation body, or the manage- section 6 of the Occupational Safety and shall be conducted by an individual with ment personnel of the health care employer; Health Act of 1970 (29 U.S.C. 655), propose a knowledge in the subject matter, and deliv- (B) initiates, cooperates, or otherwise par- standard on safe patient handling and injury ered, at least in part, in an interactive class- ticipates in an investigation or proceeding prevention (in this section such standard re- room-based and hands-on format. brought by the Secretary, a public regu- ferred to as the ‘‘safe patient handling and (7) Each health care employer to post a latory agency, or a private accreditation injury prevention standard’’) under such sec- uniform notice in a form specified by the body concerning matters covered by this tion to prevent musculoskeletal disorders for Secretary that— Act; or direct-care registered nurses and all other (A) explains the safe patient handling and (C) informs or discusses with other individ- health care workers handling patients in injury prevention standard; uals or with representatives of health care health care facilities. A final safe patient (B) includes information regarding safe pa- employees a violation or suspected violation handling and injury prevention standard tient handling and injury prevention policies of this Act. shall be promulgated not later than 2 years and training; and (2) GOOD FAITH DEFINED.—For purposes of after the date of the enactment of this Act. (C) explains procedures to report patient this subsection, an individual shall be (b) REQUIREMENTS.—The safe patient han- handling-related injuries. deemed to be acting in good faith if the indi- dling and injury prevention standard shall (8) Each health care employer to conduct vidual reasonably believes— require the use of engineering controls to an annual written evaluation of the imple- (A) the information reported or disclosed is perform lifting, transferring, and repo- mentation of the safe patient handling and true; and sitioning of patients and the elimination of injury prevention plan, including handling (B) a violation of this Act or the safe pa- manual lifting of patients by direct-care reg- procedures, selection of equipment and engi- tient handling and injury prevention stand- istered nurses and all other health care neering controls, assessment of injuries, and ard has occurred or may occur. workers, through the use of mechanical de- new safe patient handling and injury preven- (d) COMPLAINT TO SECRETARY.— vices to the greatest degree feasible except tion technology and devices that have been (1) FILING.—A direct-care registered nurse, where the use of safe patient handling prac- developed. The evaluation shall be conducted health care worker, or other individual may tices can be demonstrated to compromise pa- with the involvement of nurses, other health file a complaint with the Secretary of Labor tient care. The standard shall apply to all care workers, and their representatives and against a health care employer that violates health care employers and shall require at shall be documented in writing. Health care this section within 180 days of the date of the least the following: employers shall take corrective action as violation. (1) Each health care employer to develop recommended in the written evaluation. (2) RESPONSE TO COMPLAINT.—For any com- and implement a safe patient handling and (c) INSPECTIONS.—The Secretary of Labor plaint so filed, the Secretary shall— injury prevention plan within 6 months of shall conduct unscheduled inspections under (A) receive and investigate the complaint; the date of promulgation of the final stand- section 8 of the Occupational Safety and (B) determine whether a violation of this ard, which plan shall include hazard identi- Health Act of 1970 (29 U.S.C. 657) to ensure Act as alleged in the complaint has occurred; fication, risk assessments, and control meas- implementation of and compliance with the and ures in relation to patient care duties and safe patient handling and injury prevention (C) if such a violation has occurred, issue patient handling. standard. an order that sets forth the violation and the (2) Each health care employer to purchase, SEC. 3. PROTECTION OF DIRECT-CARE REG- required remedy or remedies. use, maintain, and have accessible an ade- ISTERED NURSES AND HEALTH (3) REMEDIES.—The Secretary shall have quate number of safe lift mechanical devices CARE WORKERS. the authority to order all appropriate rem- not later than 2 years after the date of (a) REFUSAL OF ASSIGNMENT.—The Sec- edies for such violations. issuance of a final regulation establishing retary shall ensure that a direct-care reg- (e) CAUSE OF ACTION.—Any direct-care reg- such standard. istered nurse or other health care worker istered nurse or other health care worker (3) Each health care employer to obtain may refuse to accept an assignment from a who has been discharged, discriminated, or input from direct-care registered nurses, health care employer if— retaliated against in violation of this section health care workers, and employee rep- (1) the assignment would subject the work- may bring a cause of action in a United resentatives of direct-care registered nurses er to conditions that would violate the safe States district court. A direct-care reg- and health care workers in developing and patient handling and injury prevention istered nurse or other health care worker implementing the safe patient handling and standard; or who prevails on the cause of action shall be injury prevention plan, including the pur- (2) the nurse or worker has not received entitled to the following: chase of equipment. training described in section 2(a)(5) that (1) Reinstatement, reimbursement of lost (4) Each health care employer to establish meets such standard. wages, compensation, and benefits. and maintain a data system that tracks and (b) RETALIATION FOR REFUSAL OF LIFTING (2) Attorneys’ fees. analyzes trends in injuries relating to the ASSIGNMENT BARRED.— (3) Court costs. application of the safe patient handling and (1) NO DISCHARGE, DISCRIMINATION, OR RE- (4) Other damages. (f) NOTICE.—A health care employer shall injury prevention standard and to make such TALIATION.—No health care employer shall data and analyses available to employees discharge, discriminate, or retaliate in any include in the notice required under section and employee representatives. manner with respect to any aspect of em- 2(b)(7) an explanation of the rights of direct- care registered nurses and health care work- (5) Each health care employer to establish ployment, including discharge, promotion, ers under this section and a statement that a system to document in each instance when compensation, or terms, conditions, or privi- a direct-care registered nurse or health care safe patient handling equipment was not uti- leges of employment, against a direct-care worker may file a complaint with the Sec- lized due to legitimate concerns about pa- registered nurse or other health care worker retary against a health care employer that tient care and to generate a written report based on the nurse’s or worker’s refusal of a violates the safe patient handling and injury in each such instance. The report shall list lifting assignment under subsection (a). prevention standard, including instructions the following: (2) NO FILING OF COMPLAINT.—No health for how to file such a complaint. (A) The work task being performed. care employer shall file a complaint or a re- (B) The reason why safe patient handling (g) ADDITION TO CURRENT PROTECTIONS.— port against a direct-care registered nurse or The worker protections provided for under equipment was not used. other health care worker with the appro- (C) The nature of the risk posed to the this section are in addition to protections priate State professional disciplinary agency provided in section 11(c) of the Occupational worker from manual lifting. because of the nurse’s or worker’s refusal of (D) The steps taken by management to re- Safety and Health Act of 1970 (29 U.S.C. a lifting assignment under subsection (a). 660(c)). duce the likelihood of manual lifting and (c) WHISTLEBLOWER PROTECTION.— transferring when performing similar work SEC. 4. APPLICATION OF SAFE PATIENT HAN- (1) RETALIATION BARRED.—A health care DLING AND INJURY PREVENTION tasks in the future. employer shall not discriminate or retaliate STANDARD TO HEALTH CARE FA- Such reports shall be made available to in any manner with respect to any aspect of CILITIES NOT COVERED BY OSHA. OSHA compliance officers, workers, and employment, including hiring, discharge, (a) IN GENERAL.—Section 1866 of the Social their representatives upon request within promotion, compensation, or terms, condi- Security Act (42 U.S.C. 1395cc) is amended— one business day. tions, or privileges of employment against (1) in subsection (a)(1)(V), by inserting (6) Each health care employer to train any nurse or health care worker who in good ‘‘and safe patient handling and injury pre- nurses and other health care workers on safe faith, individually or in conjunction with an- vention standard (as initially promulgated patient handling and injury prevention poli- other person or persons— under section 2 of the Nurse and Health Care

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24954 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 October 15, 2009 Worker Protection Act of 2009)’’ before the S. 1789. A bill to restore fairness to and powder cocaine which cannot be period at the end; and Federal cocaine sentencing; to the justified. Our laws don’t focus on the (2) in subsection (b)(4)— Committee on the Judiciary. most dangerous offenders. Incarcer- (A) in subparagraph (A), inserting ‘‘and the Mr. DURBIN. Mr. President, I rise to ating for 5 to 10 years people who are safe patient handling and injury prevention standard’’ after ‘‘Bloodborne Pathogens speak about the Fair Sentencing Act of possessing five sugar packets’ worth of standard’’; and 2009, which I am introducing today. crack cocaine for the same period of (B) in subparagraph (B), inserting ‘‘or the This narrowly tailored bill would time as those who are selling 500 sugar- safe patient handling and injury prevention eliminate the sentencing disparity that size packets of powder cocaine is inde- standard’’ after ‘‘Bloodborne Pathogens exists in the United States between fensible. standard’’. crack cocaine and powder cocaine. At The Fair Sentencing Act, which I am (b) EFFECTIVE DATE.—The amendments the same time, it would increase pen- introducing today, would completely made by subsection (a) shall apply to health alties for the worst offenders for crimes eliminate this crack/powder disparity. care facilities 1 year after date of issuance of involving these substances. It accom- It establishes the same sentences for the final safe patient handling and injury prevention standard required under section plishes two very important goals: One crack and powder—a 1-to-1 sentencing 2. goal is to restore fairness to drug sen- ratio. SEC. 5. FINANCIAL ASSISTANCE TO NEEDY tencing and, second, to focus our lim- Those of us who supported the law es- HEALTH CARE FACILITIES IN THE ited Federal resources on the most ef- tablishing this disparity had good in- PURCHASE OF SAFE PATIENT HAN- fective way to end violent drug traf- tentions. We followed the lead and ad- DLING AND INJURY PREVENTION ficking. vice of people in law enforcement. We EQUIPMENT. I have cast thousands of votes as a wanted to address this crack epidemic (a) IN GENERAL.—The Secretary of Health and Human Services shall establish a grant Member of the House of Representa- that was spreading fear and ravaging program that provides financial assistance tives and the Senate. Most of those communities. But we have learned a to cover some or all of the costs of pur- votes are kind of lost in the shadows of great deal in the last 20 years. We now chasing safe patient handling and injury pre- history. Some were historic, relative to know the assumptions that led us to vention equipment for health care facilities, going to war and impeachment issues, create this disparity were wrong. such as hospitals, nursing facilities, home and you never forget those. Vice President JOE BIDEN, one of the health care, and outpatient facilities, that— But there was one vote I cast more authors of the legislation creating this (1) require the use of such equipment in than 20 years ago which I regret. It was disparity in sentencing, has said: order to comply with the safe patient han- a vote that was cast by many of us in dling and injury prevention standard; but ‘‘Each of the myths upon which we (2) demonstrate the financial need for as- the House of Representatives, when we based the disparity has since been dis- sistance for purchasing the equipment re- were first informed about the appear- pelled or altered.’’ quired under such standard. ance of a new narcotic on the streets. Earlier this year, I held a hearing in (b) APPLICATION.—No financial assistance It was called crack cocaine. It was so the Senate Judiciary Committee on shall be provided under this section except cheap it was going to be plentiful, and this disparity in sentencing and we pursuant to an application made to the Sec- it was so insidious—or at least we were learned the following: Crack is not retary of Health and Human Services in such told that 20 years ago—we were advised more addictive than powder cocaine, form and manner as the Secretary shall to take notice and do something dra- and crack cocaine offenses do not in- specify. matic and we did. volve significantly more violence than (c) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated for More than 20 years ago, I joined powder cocaine offenses. Those were financial assistance under this section many Members of Congress from both the two things that led us to this gross $200,000,000, of which $50,000,000 will be avail- political parties in voting for the Anti- disparity in sentencing between powder able specifically for home health agencies or Drug Abuse Act of 1986. It established cocaine and crack cocaine. We were entities. Funds appropriated under this sub- the Federal cocaine sentencing frame- told it is different; it is more addictive. section shall remain available until ex- work that is still in place today. It is not. We were also told it was going pended. Under this law, it takes 100 times to create conduct which was much SEC. 6. DEFINITIONS. more powder cocaine than crack co- more violent than those who were sell- For purposes of this Act: caine to trigger the same 5-to-10-year ing powder cocaine and their activities. (1) DIRECT-CARE REGISTERED NURSE.—The mandatory minimum sentence. This is It did not. term ‘‘direct-care registered nurse’’ means known as the 100-to-1 crack/powder an individual who has been granted a license We have also learned that more than by at least one State to practice as a reg- sentencing disparity. But that phrase 2.3 million people are imprisoned in istered nurse and who provides bedside care doesn’t tell the story. Here is the story. America today. That is the most pris- or outpatient services for one or more pa- Simply possessing 5 grams of crack, oners and the highest per capita rate of tients or residents. which is the equivalent of holding five prisoners of any country in the world, (2) HEALTH CARE WORKER.—The term packets of sugar or Equal or one of the and it is largely due to the incarcer- ‘‘health care worker’’ means an individual sugar substitutes, simply possessing ation of nonviolent drug offenders in who has been assigned to lift, reposition, or that small amount of crack cocaine America. African Americans are incar- move patients or residents in a health care under the current sentencing frame- facility. cerated at nearly six times the rate of (3) EMPLOYMENT.—The term ‘‘employment’’ work carries the same sentence as sell- White Americans. These are issues of includes the provision of services under a ing—not possessing but selling—500 fundamental human rights and justice contract or other arrangement. grams of powder cocaine—the equiva- our country must face. (4) HEALTH CARE EMPLOYER.—The term lent of 500 packets of sugar. Why? Well, It is important to note that the ‘‘health care employer’’ means an outpatient because we believed we were dealing crack/powder disparity disproportion- health care facility, hospital, nursing home, with a different class of narcotics; ately affects African Americans. While home health care agency, hospice, federally something that was much more dan- African Americans constitute less than qualified health center, nurse managed gerous and should be treated much 30 percent of crack users, they make up health center, rural health clinic, or any similar health care facility that employs di- more harshly. 82 percent of those convicted of Federal rect-care registered nurses or other health Make no mistake, cocaine—whether crack offenses. care workers. in crack or powder form—has a dev- At a hearing I held, we heard compel- astating impact on families and on our ling testimony from Judge Reggie B. By Mr. DURBIN (for himself, Mr. society and we need to have tough leg- Walton, who was Associate Director of LEAHY, Mr. SPECTER, Mr. FEIN- islation when it comes to narcotics. the Office of Drug Control Policy under GOLD, Mr. CARDIN, Mr. WHITE- But in addition to being tough, our President George H.W. Bush and was HOUSE, Mr. KAUFMAN, Mr. drug laws have to be fair. appointed by President George W. Bush FRANKEN, Mr. DODD, Mr. KERRY, Right now, our cocaine laws are to the Federal bench. Judge Walton is and Mr. LEVIN): based on a distinction between crack an African American, and he testified

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Judge point, though he is not a cosponsor of lence; uses or possesses a dangerous Walton further testified about ‘‘jurors the bill, Senator JEFF SESSIONS, the weapon; is a manager, leader or orga- who would tell me that they refused to ranking member of the Judiciary Com- nizer of drug trafficking activities; or convict, that even though they thought mittee. He has been a leader in calling distributes drugs to a pregnant woman the evidence was overwhelming, they for reform of crack/powder sentencing or minor. were not prepared to put another policy. The bill would also increase the fi- young black man in prison knowing The Senator from Alabama is a nancial penalties for drug trafficking. the sentencing disparity that existed former U.S. attorney, not known to be This sentencing structure will shift between crack and powder cocaine.’’ soft on crime in any way, shape, or Federal resources towards violent traf- Asa Hutchinson, who was head of the form, but he was one of the first to fickers and away from nonviolent drug Drug Enforcement Administration speak out about the injustice of the users who are best dealt with at the under President George W. Bush, testi- crack/powder disparity. I continue my State level. fied: ‘‘Under the current disparity, the dialog with Senator SESSIONS in the In the final analysis, this legislation credibility of our entire drug enforce- hope that he and I can come to a com- is about fixing an unjust law that has ment system is weakened.’’ mon place with regard to this impor- taken a great human toll. At the hear- The crack disparity also diverts re- tant issue. ing I held in the Judiciary Committee, sources away from the prosecution of There is a bipartisan consensus about we heard testimony from Cedric large-scale drug traffickers. In fact, the need to fix the crack-powder dis- Parker, who is from Alton in my home more than 60 percent of defendants parity. I have been in discussions with State of Illinois. In 2000, Mr. Parker’s convicted of Federal crack crimes are Chairman LEAHY and Ranking Member sister, Eugenia Jennings, was sen- street-level dealers or mules. SESSIONS, as well as Republican Sen- tenced to 22 years in prison for selling During these difficult economic ators LINDSEY GRAHAM, ORRIN HATCH, 14 grams of crack cocaine. Mr. Parker times, it is also important to note that and TOM COBURN, and I am confident told us that Eugenia was physically the crack/powder disparity has placed that the Judiciary Committee can and sexually abused from a young age. an enormous burden on taxpayers and come together to find a bipartisan so- She was addicted to crack by the time the prison system. Based on the Bureau lution to this problem. she was 15. of Prison’s estimates of the annual A broad coalition of legal, law en- Eugenia has three children, Radley, costs of incarceration and the U.S. forcement, civil rights, and religious Radeisha, and Cardez. They are now 11, Sentencing Commission’s projections leaders and groups from across the po- 14, and 15. These children were 2, 5, and of the number of prison beds reduced litical spectrum supports eliminating 6 when their mother went to prison for per year, we know that eliminating the crack-powder disparity, including, selling the equivalent of 6 sugar cubes this disparity could save more than for example: Los Angeles Police Chief of crack. They have seen their mother $510 million in prison beds over 15 Bill Bratton, Miami Police Chief John once in the last 9 years. They will be years. Timoney, The American Bar Associa- 21, 24, and 25 when she is released in There is widespread and growing tion, The Leadership Conference on 2019. At Eugenia’s sentencing, Judge Pat- agreement that the Federal cocaine Civil Rights, The National Black Po- rick Murphy said this: and sentencing policy in the United lice Association, and The United Meth- States today is unjustified and unjust. odist Church. Mrs. Jennings, nobody has ever been there for you when you needed it. When you were At the hearing I held on the crack/ The bipartisan United States Sen- tencing Commission has been urging a child and you were being abused, the Gov- powder disparity, Lanny Breuer, the ernment wasn’t there. But when you had a Assistant Attorney General of the Congress to act for 15 years. They have little bit of crack, the government was there. Criminal Division, announced that the argued that fixing the crack-powder And it is an awful thing, an awful thing to Justice Department and this adminis- disparity ‘‘would better reduce the separate a mother from her children. That’s tration support completely eliminating [sentencing] gap [between African what the Government has done for Eugenia the crack/powder disparity and estab- Americans and whites] than any other Jennings. lishing a 1-to-1 ratio, which is included single policy change, and it would dra- It is time to right this wrong. We in my bill. matically improve the fairness of the have talked about the need to address In June, Attorney General Eric Hold- federal sentencing system.’’ The Sen- the crack-powder disparity for long er testified before the Senate Judiciary tencing Commission has repeatedly enough. Now, it’s time to act. I urge Committee. I asked him about this recommended that Congress take two my colleagues to join me in supporting issue and here is what he said. important steps: No. 1, reduce the sen- the Fair Sentencing Act of 2009. When one looks at the racial implications tencing disparity by increasing the Mr. SESSIONS. Mr. President, I see of the crack-powder disparity, it has bred quantities of crack cocaine that trigger my colleague, the assistant majority disrespect for our criminal justice system. It mandatory minimum sentences; and leader. I know we have been talking has made the job of those of us in law en- No. 2, eliminate the mandatory min- about improvement in the sentencing forcement more difficult. . . . [I]t is time to imum penalty for simple possession of process for crack cocaine. I have of- do away with that disparity. crack cocaine. This is the only manda- fered legislation for almost a decade Here on Capitol Hill, Democrats and tory minimum sentence for simple pos- that would substantially improve the Republicans alike have advocated fix- session of a drug by a first time of- sentencing process in a way that I ing the disparity for years. fender. think is fair and constructive and al- The following 10 Senators are origi- The bill that I have introduced does lows us to deal with serious criminals nal cosponsors of the Fair Sentencing both those things. like drug dealers. I believe it is pretty Act: Senator PATRICK LEAHY, the In order to ensure that limited Fed- close to being a good policy. Senator Chairman of the Judiciary Committee, eral resources are directed toward the Salazar, now a member of the Obama who for years has advocated for drug largest drug traffickers and the most Cabinet, and Senator MARK PRYOR, my sentencing reform; Senator ARLEN violent offenders, not just those guilty Democratic colleague from Arkansas, SPECTER, the Chair of the Judiciary of simple possession and a first offense, Senator JOHN CORNYN from Texas, and Committee’s Crime and Drugs Sub- the Fair and Sentencing Act provides I, all four former attorneys general, of- committee; Five other members of the for increased penalties for drug of- fered that legislation. Senator DURBIN

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Still, the Federal we are not able to defend the sentences and unfair, and it has needlessly penalties for drug crimes remain very that are required to be imposed under swelled our prisons, wasting precious tough. This bill toughens some of those the law today. Federal resources. penalties. It would increase fines for I am a strong believer in law enforce- Even more disturbingly, this policy major drug traffickers, as well as pro- ment and prosecution of those who vio- has had a significantly disparate im- vide sentencing enhancements for acts late our laws, particularly criminals pact on racial and ethnic minorities. of violence committed during the who really do a lot of damage beyond According to the latest statistics as- course of a drug trafficking offense. As just dealing drugs. They foster crime sembled by the United States Sen- a former prosecutor, I support strong and form gangs. People who use co- tencing Commission, African-American punishments for drug traffickers. caine tend to be violent. Even more, in offenders continue to make up the This legislation already has support some ways, people who use crack co- large majority of Federal crack co- from a broad coalition of groups, in- caine, as opposed to powder cocaine, caine offenders, accounting for 80 per- cluding the American Bar Association, tend to be paranoid and violent. It is cent of all Federal crack cocaine of- the NAACP, the ACLU, Families not a good thing. fenses, compared to white offenders We don’t need to give up the progress Against Mandatory Minimums, the who account for just 10 percent. These Sentencing Project, the United Meth- that has been made, but at the same statistics are startling. It is no wonder time we need to fix the sentencing. I odist Church, and many more. this policy has sparked a nationwide While serving in the Senate, in Sep- oppose anything that represents a 50, debate about racial bias and under- 60, 70, or 80 percent reduction in pen- tember 2007, then-Senator Obama said: mined citizens’ confidence in the jus- alties but a significant rebalancing of tice system. If you are convicted of a crime involving that would be justified. These penalties, which Congress cre- drugs, of course you should be punished. But Mr. LEAHY. Mr. President, today, I let’s not make the punishment for crack co- ated in the mid-1980s, have failed to ad- am proud to join Senators DURBIN, caine that much more severe than the pun- dress basic concerns. The primary goal SPECTER, FEINGOLD, CARDIN, WHITE- ishment for powder cocaine when the real was to punish the major traffickers and difference is where the people are using them HOUSE, KAUFMAN, FRANKEN, and others drug kingpins who were bringing crack or who is using them. to introduce the Fair Sentencing Act into our neighborhoods. But the law of 2009. Our bill will eliminate the cur- I agree. And the Justice Department rent 100-to-1 disparity between Federal has not been used to go after the most agrees as well, as Assistant Attorney sentences for crack and powder co- serious offenders. In fact, just the op- General Lanny Breuer announced at caine, equalizing the penalties for both posite has happened. The Sentencing our hearing this spring. forms of cocaine. I hope that this legis- Commission has consistently reported For over 20 years, the ‘‘crack-pow- lation will finally enable us to address for many years that more than half of der’’ disparity in the law has contrib- the racial imbalance that has resulted Federal crack cocaine offenders are uted to swelling prison populations from the cocaine sentencing disparity, low-level street dealers and users, not without focusing on the drug kingpins. as well as to make our drug laws more the major traffickers Congress in- We must be smarter in our Federal fair, more rational, and more con- tended to target. drug policy. Law enforcement has been The Fair Sentencing Act of 2009 sistent with our core values of justice. and continues to be a central part of would return the focus of Federal co- I commend Senator DURBIN for his our efforts against illegal drugs, but we caine sentencing policy to drug king- leadership in fixing this decades-old in- must also find meaningful, commu- pins, rather than street level dealers, justice. He chaired a hearing before our nity-based solutions. and address the racial disparity in co- Crime and Drugs Subcommittee six American justice is about fairness for months ago to examine this issue caine sentencing. The legislation we introduce today would align crack and each individual. To have faith in our where we heard from the Assistant At- system Americans must have con- torney General for the Criminal Divi- powder cocaine sentences by setting the mandatory minimum sentencing fidence that the laws of this country, sion at the Justice Department. We including our drug laws, are fair and should do what we can to restore public triggers at the same levels. This equalization is a sound way to address administered fairly. I believe the Fair confidence in our criminal justice sys- Sentencing Act of 2009 will move us one tem. Correcting biases in our criminal the unjust sentencing disparity be- tween crack and powder cocaine. step closer to reaching that goal. I urge sentencing laws is a step in that direc- all Senators to support this measure. tion. We have heard calls for this reform Today, the criminal justice system from Senators on both sides of the Mr. SPECTER. Mr. President, I have has unfair and biased cocaine penalties aisle. Senator HATCH, who has called sought recognition to urge support for that undermine the Constitution’s the current ratio ‘‘an unjustifiable dis- the legislation introduced today by promise of equal treatment for all parity,’’ recognizes that because Senator DURBIN to completely elimi- Americans. For more than 20 years, our ‘‘crack and powder cocaine are pharma- nate the unfair and unwarranted sen- Nation has used a Federal cocaine sen- cologically the same drug’’ our sen- tencing disparity between crack and tencing policy that treats ‘‘crack’’ of- tencing laws do ‘‘not warrant such an powder cocaine. I am an original co- fenders one hundred times more harsh- extreme disparity.’’ Even Senator SES- sponsor of this bill. ly than other cocaine offenders without SIONS, now the ranking Republican Since the passage of the Anti-Drug any legitimate basis for the difference. member of the Judiciary Committee, Abuse Act of 1986, which established We know that there is little or no phar- has called the 100-to-1 disparity in sen- the basic framework of mandatory macological distinction between crack tencing between crack cocaine and minimum penalties currently applica- and powder cocaine, yet the resulting powder cocaine ‘‘not justifiable’’ and ble to Federal drug trafficking of- punishments for these offenses is radi- called for changes to make the crimi- fenses, there exists a 100-to-1 ratio be- cally different and the resulting im- nal justice system more effective and tween crack and powder cocaine. That pact on minorities has been particu- fair. means it takes 100 times as much pow- larly unjust. The legislation we introduce today der cocaine as crack to trigger the Under this flawed policy, a first-time would also eliminate the mandatory same 5-year and 10-year mandatory offender caught selling five grams of minimum sentence for possession of minimum penalties.

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On April 29, 2009, 6 witnesses testified Mr. CONRAD, Mr. BEGICH, to provide decent health care to the before the Senate Judiciary Sub- Mr. FRANKEN, Mr. BURRIS, Native Americans. committee on Crime and Drugs regard- Mr. INOUYE, Ms. STABENOW, Last Congress, the Senate passed the ing the sentencing disparity between Mr. UDALL of Colorado, and Ms. Indian Health Care Improvement Act crack and powder cocaine, including KLOBUCHAR): Amendments of 2008, which would have the Assistant Attorney General for the S. 1790. A bill to amend the Indian brought needed improvements to the Criminal Division at the Department of Health Care Improvement Act to revise Native American health care system. Justice, the Acting Chair of the U.S. and extend that Act, and for other pur- The bill passed by an overwhelming 83 Sentencing Commission, a U.S. Dis- poses; to the Committee on Indian Af- to 10 vote. This was the first time in al- trict Court Judge representing the Ju- fairs. most 17 years that the Senate consid- dicial Conference of the U.S. Courts, Mr. DORGAN. Mr. President, today I ered and passed a Native American and a Police Commissioner from a introduced the Indian Health Care Im- health care bill. Ultimately, the bill major urban city. All six witnesses tes- provement Reauthorization and Exten- failed to be considered in the House of tified in favor of an immediate reduc- sion Act of 2009. We face a bona fide Representatives. My colleagues and I tion or elimination of this disparity. crisis in health care in our Native remain committed to getting a bill en- At the time Congress established the American communities, and this bill is acted into law. crack-powder disparity in 1986, it did so a first step toward fulfilling our treaty In July, I developed a Native Amer- because it was believed that crack was obligations and trust responsibility to ican health concept paper which was uniquely addictive and was associated provide quality health care in Indian sent out to Indian Country for com- with greater levels of violence than Country. I introduce this bill on behalf ments. I and the Committee on Indian powder cocaine. of myself, Leader REID and Senators Affairs held many listening sessions Today, more than 20 years later, re- MURKOWSKI, UDALL of New Mexico, and meetings with many Native Ameri- search has shown that the addictive BEGICH, FRANKEN, WHITEHOUSE, INOUYE, cans around the country to discuss the qualities of crack have more to do with AKAKA, JOHNSON, TESTER, CONRAD, concept paper. In addition, the Com- its mode of administration—smoking BURRIS, STABENOW, UDALL of Colorado, mittee has held five hearings focused compared to inhaling—rather than its and KLOBUCHAR. on Native American health issues this chemical structure. Moreover, recent As Chairman of the Senate Com- Congress. The Committee has worked studies suggest that levels of violence mittee on Indian Affairs, I have again to compile the feedback received from associated with crack are stable or made health care a top priority for the the concept paper and other meetings even declining. Committee this Congress. Native to develop the Native American health Last year, 80.6 percent of crack of- Americans suffer staggering health dis- bill I introduced today. Similar legislation has been consid- fenders were African Americans, while parities due to an outdated, strained ered in the 106, 107, 108, 109, and 110 only 10.2 percent were white. Compare and underfunded health care system. Congresses. Today, my colleagues and I that with powder cocaine prosecutions. We have a federal health care system put forward a Native American health for Native Americans that is only fund- For that same year, 30.25 percent of bill for the 111 Congress which builds ed at about half of its need. Clinician powder cocaine offenders were African on the work of prior Congresses, but vacancy rates within this system are Americans, 52.5 percent were Hispanic, goes beyond to include innovative solu- high and misdiagnosis is rampant. Only and 16.4 percent were white. The aver- tions and reforms for the Native Amer- those with ‘‘life or limb’’ emergencies age sentence for crack offenders is 2 ican health care system. years longer than the average sentence seem to get care. Native Americans die I would like to highlight some of the for powder cocaine. of tuberculosis at a rate 600 percent important updates the Indian Health Let me repeat that. African Ameri- higher than the general population, Care Improvement Reauthorization cans, who make up approximately 12.3 suicide rates are nearly double, alco- and Extension Act of 2009 will bring to percent of the population in the U.S., holism rates are 510 percent higher, the Native American health care sys- comprise 80.6 percent of the Federal and diabetes rates are 189 percent high- tem. crack offenders. er than the general population. Perhaps most importantly, the Na- It takes about $14,000 worth of pow- These numbers are appalling and rep- tive American health bill permanently der cocaine compared to only about resent Third World conditions right reauthorizes all current laws governing $150 of crack to trigger the 5-year man- here in the U.S. the Native American health care sys- datory minimum penalty. Given that I have heard the heartbreaking sto- tem. This means that once this bill is crack and cocaine powder are the same ries about the lack of health care on passed, Indian Country will never again drug—just in different forms—why our Native American reservations: peo- have to wait nearly 20 years for a reau- should we impose the same 5-year sen- ple like Ta’shon Rain Littlelight, Jami thorization of the Indian Health Care tence for the $150 drug deal as for the Rose Jetty, Russell Lente and Avis Lit- Improvement Act. $14,000 drug deal? tle Wind, who likely still would be liv- This bill also authorizes long-term These sentencing disparities under- ing today had they had access to ade- care services, including hospice care, mine the confidence in the criminal quate health care. Our Federal system assisted living, long-term care and justice system. Our courts and our laws has failed them and so many other Na- home- and community-based care. Cur- must be fundamentally fair; just as im- tive Americans. We owe our First rent law does not allow for these serv- portantly, they must be perceived as Americans something better, and the ices to be provided by the Indian fair by the public. I do not believe that bill I introduced today with my col- Health Service or tribal facilities. Al- the 1986 Act was intended to have a dis- leagues will provide a better system. though some areas of Indian Country parate impact on minorities but the re- For over a decade, Indian Country are merely focused on addressing life ality is that it does. has asked Congress to reauthorize and or limb medical emergencies, other The White House and the Department amend the Indian Health Care Improve- areas are in need of long-term care. of Justice have asked Congress to ment Act, P.L. 94–437. The National Thus, I believe they should be author- eliminate this unfair sentencing dis- Steering Committee for Reauthoriza- ized. parity. It is time to correct this injus- tion, National Congress of American In addition, the bill establishes men- tice. Indians, National Indian Health Board, tal and behavioral health programs be- and other Native American health ad- yond alcohol and substance abuse, such By Mr. DORGAN (for himself, vocates have been dedicated to improv- as fetal alcohol spectrum disorders, Mr. REID, Ms. MURKOWSKI, ing the health care available to Native child sexual abuse and prevention Mr. UDALL of New Mexico, Americans across the country. I too am treatment programs. The mental Mr. WHITEHOUSE, Mr. JOHNSON, committed to ensuring the United health needs in Native American com- Mr. TESTER, Mr. AKAKA, States fulfills its trust responsibility munities extend beyond alcohol and

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substance abuse, in fact over 1⁄3 of the in the development of this crucial piece mation of the Senate and the public health care needs in Indian Country of legislation. The Federal Government that a hearing has been scheduled be- are related to mental health. The com- signed the dotted lines years ago, and fore the Subcommittee on Public prehensive mental and behavioral today, we make an important step to- Lands and Forests. health programs established as a result wards finally fulfilling those obliga- The hearing will be held on Thurs- of this bill will bring necessary care tions. day, October 29, 2009, at 2:30 p.m., in and resources to Native Americans. f room SD–366 of the Dirksen Senate Of- In order to address the tragic level of fice Building. AMENDMENTS SUBMITTED AND youth suicide, the bill includes behav- The purpose of the hearing is to re- PROPOSED ioral health provisions solely focused ceive testimony on the following bills: on preventing Native American youth SA 2691. Ms. SNOWE (for herself, Mr. S. 555, to provide for the exchange of cer- suicide. The youth suicide rate in In- KERRY, and Mr. KIRK) submitted an amend- tain land located in the Arapaho-Roosevelt dian Country is 3.5 times higher than ment intended to be proposed by her to the National Forests in the State of Colorado, the general population. Earlier this bill H.R. 2847, making appropriations for the and for other purposes; year, I chaired an Indian Affairs hear- Departments of Commerce and Justice, and S. 607, to amend the National Forest Ski ing to draw attention to this important Science, and Related Agencies for the fiscal Area Permit Act of 1986 to clarify the au- year ending September 30, 2010, and for other topic. thority of the Secretary of Agriculture re- purposes; which was ordered to lie on the garding additional recreational uses of Na- The bill also incorporates many new table. ideas aimed at improving the access to tional Forest System land that are subject f to ski area permits, and for other purposes; health care available to Native Ameri- TEXT OF AMENDMENTS S. 721, to expand the Alpine Lakes Wilder- cans. The bill authorizes projects ness in the State of Washington, to designate which will incentivize tribes to use in- SA 2691. Ms. SNOWE (for herself, Mr. the Middle Fork Snoqualmie River and Pratt novative facilities construction which KERRY, and Mr. KIRK) submitted an River as wild and scenic rivers, and for other save money and expand the health care amendment intended to be proposed by purposes; services available to Native American her to the bill H.R. 2847, making appro- S. 1122, to authorize the Secretary of Agri- communities. For example, these priations for the Departments of Com- culture and the Secretary of the Interior to enter into cooperative agreements with projects include the use of modular merce and Justice, and Science, and component facility construction and State foresters authorizing State foresters to Related Agencies for the fiscal year provide certain forest, rangeland, and water- mobile health stations. ending September 30, 2010, and for shed restoration and protection services; Modular component health facilities other purposes; which was ordered to S. 1328 and H.R. 689, to interchange the ad- can be built at often one-third the cost lie on the table; as follows: ministrative jurisdiction of certain Federal and a fraction of the time of a typical On page 124, line 21, strike ‘‘section.’’ and lands between the Forest Service and the Bu- health facility. In addition, mobile insert ‘‘section, including an assessment of reau of Land Management, and for other pur- health stations will allow for Native actions other than increased Federal spend- poses; Americans in rural areas without a ing that would improve the development and S. 1442, to amend the Public Lands Corps hospital, increased access to specialty interdepartmental coordination of the poli- Act of 1993 to expand the authorization of health services like dialysis, same-day cies of the United States under the United the Secretaries of Agriculture, Commerce, surgery, dental care, or other services. States-Canada Transboundary Resource and the Interior to provide service-learning opportunities on public lands, establish a Currently, there is an estimated $3 bil- Sharing Understanding for shared groundfish stocks.’’. grant program for Indian Youth Service lion backlog for maintenance, improve- Corps, help restore the Nation’s natural, cul- ment and construction of Native Amer- f tural, historic, archaeological, recreational, ican health care facilities. In addition, NOTICES OF HEARINGS and scenic resources, train a new generation the average age of an Indian Health of public land managers and enthusiasts, and Service facility is 33 years, as com- COMMITTEE ON ENERGY AND NATURAL promote the value of public service; and RESOURCES pared to 7 years in the general popu- H.R. 129, to authorize the conveyance of Mr. BINGAMAN. Mr. President, I lation. These innovative health care fa- certain National Forest System lands in the would like to announce for the infor- cilities will go a long way in this dis- Los Padres National Forest in California. mation of the Senate and the public parity and improving access to health Because of the limited time available that a hearing has been scheduled be- care for Native Americans across the for the hearing, witnesses may testify country. fore the Subcommittee on National by invitation only. However, those The Native American health bill es- Parks. wishing to submit written testimony tablishes a health delivery demonstra- The hearing will be held on Wednes- for the hearing record should send it to tion project. This project provides for day, October 28, 2009, at 2:30 p.m. in the Committee on Energy and Natural convenient care services, which could room SD–366 of the Dirksen Senate Of- Resources, United States Senate, be offered in local grocery stores and fice Building. Washington, DC 20510–6150, or by email other venues, to make health care The purpose of the hearing is to re- to [email protected] more available to Native American ceive testimony on the current and ex- .gov. communities. The health delivery dem- pected impacts of climate change on For further information, please con- onstration project authorizes the In- units of the National Park System. tact Scott Miller at (202) 224–5488 or Al- dian Health Service to consider other Because of the limited time available lison Seyferth at (202) 224–4905. innovative health delivery models, like for the hearing, witnesses may testify community health centers, and other by invitation only. However, those f models which will increase access to wishing to submit written testimony for the hearing record should send it to AUTHORITY FOR COMMITTEES TO health care services. MEET I want to end by saying the need for the Committee on Energy and Natural health care is not new for Indian Coun- Resources, United States Senate, COMMITTEE ON COMMERCE, SCIENCE, AND try. Nowadays, the need for national Washington, DC 20510–6150, or by email TRANSPORTATION health care reform is front page news, to [email protected] Mrs. SHAHEEN. Mr. President, I ask but our Native Americans have long .gov. unanimous consent that the Com- been in need of health care reforms. For further information, please con- mittee on Commerce, Science, and Therefore, I intend to offer this Native tact Sara Tucker at (202) 224–6224 or Al- Transportation be authorized to meet American health bill as an amendment lison Seyferth at (202) 224–4905. during the session of the Senate on Oc- to any national health care reform bill COMMITTEE ON ENERGY AND NATURAL tober 15, 2009, at 2:30 p.m. in room 253 of considered on the Senate floor. RESOURCES the Russell Senate Office Building. I want to thank all the Native Amer- Mr. BINGAMAN. Mr. President, I The PRESIDING OFFICER. Without ican health advocates who assisted us would like to announce for the infor- objection, it is so ordered.

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00054 Fmt 0686 Sfmt 0634 E:\BR09\S15OC9.001 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24959 COMMITTEE ON FINANCE SUBCOMMITTEE ON INTERNATIONAL OPERATIONS in the day, and the Senate proceed to a Mrs. SHAHEEN. Mr. President, I ask AND ORGANIZATIONS, HUMAN RIGHTS, DEMOC- period of morning business until 4:30 unanimous consent that the Com- RACY, AND GLOBAL WOMEN’S ISSUES p.m, with Senators permitted to speak mittee on Finance be authorized to Mrs. SHAHEEN. Mr. President, I ask therein for up to 10 minutes each; that meet during the session of the Senate unanimous consent that the Com- following morning business, the Senate on October 15, 2009, at 10 a.m., in room mittee on Foreign Relations be author- resume consideration of the motion to 215 of the Dirksen Senate Office Build- ized to meet during the session of the proceed to S. 1776, the Medicare Physi- ing. Senate on October 15, 2009, at 2:30 p.m., cians Fairness Act of 2009, under the to hold a subcommittee hearing enti- The PRESIDING OFFICER. Without previous order. tled ‘‘U.S. International Broadcasting objection, it is so ordered. The PRESIDING OFFICER. Without into the War Zones: Iraq and Afghani- objection, it is so ordered. COMMITTEE ON HEALTH, EDUCATION, LABOR, stan.’’ AND PENSIONS The PRESIDING OFFICER. Without f Mrs. SHAHEEN. Mr. President, I ask objection, it is so ordered. unanimous that the Committee on PROGRAM f Health, Education, Labor, and Pen- Mr. CASEY. Mr. President, under the sions be authorized to meet, during the PRIVILEGES OF THE FLOOR previous order, at 5:30 p.m., Monday, session of the Senate, to conduct a Mr. BURRIS. Mr. President, I ask the Senate will proceed to vote on the hearing entitled ‘‘What Women Want: unanimous consent that Riley Roberts motion to invoke cloture on the mo- Equal Benefits for Equal Premiums’’ be granted the privileges of the floor tion to proceed to S. 1776. on October 15, 2009. The hearing will for my presentation. f commence at 10:30 a.m. in room 430 of The PRESIDING OFFICER. Without the Dirksen Senate Office Building. objection, it is so ordered. ADJOURNMENT UNTIL MONDAY, The PRESIDING OFFICER. Without OCTOBER 19, 2009, AT 2 P.M. f objection, it is so ordered. Mr. CASEY. If there is no further COMMITTEE ON HOMELAND SECURITY AND EXECUTIVE SESSION business to come before the Senate, I GOVERNMENTAL AFFAIRS ask unanimous consent that it adjourn Mrs. SHAHEEN. Mr. President, I ask under the previous order. EXECUTIVE CALENDAR unanimous consent that the Com- There being no objection, the Senate, mittee on Homeland Security and Gov- Mr. CASEY. Mr. President, I ask at 5:59 p.m., adjourned until Monday, ernmental Affairs be authorized to unanimous consent that the Senate October 19, 2009, at 2 p.m. meet during the session of the Senate proceed to executive session to con- on October 15, 2009, at 10 a.m. to con- sider Calendar Nos. 481, 482 and 483; f duct a hearing entitled ‘‘Domestic that the nominations be confirmed en NOMINATIONS Partner Benefits: Fair Policy and Good bloc, the motions to reconsider be laid Business for the Federal Government.’’ upon the table en bloc; that no further Executive nominations received by the Senate: The PRESIDING OFFICER. Without motions be in order; that any state- objection, it is so ordered. ments relating to the nominations be DEPARTMENT OF DEFENSE printed in the RECORD as if read; pro- CLIFFORD L. STANLEY, OF PENNSYLVANIA, TO BE COMMITTEE ON THE JUDICIARY vided further that the President be im- UNDER SECRETARY OF DEFENSE FOR PERSONNEL AND Mrs. SHAHEEN. Mr. President, I ask READINESS, VICE DAVID S. C. CHU, RESIGNED. mediately notified of the Senate’s ac- DEFENSE NUCLEAR FACILITIES SAFETY BOARD unanimous consent that the Com- tion and the Senate return to legisla- mittee on the Judiciary be authorized JESSIE HILL ROBERSON, OF VIRGINIA, TO BE A MEM- tive session. BER OF THE DEFENSE NUCLEAR FACILITIES SAFETY to meet during the session of the Sen- The PRESIDING OFFICER. Without BOARD FOR A TERM EXPIRING OCTOBER 18, 2013, VICE A. ate, on October 15, 2009, at 10 a.m., in J. EGGENBERGER, RESIGNED. objection, it is so ordered. JOSEPH F. BADER, OF THE DISTRICT OF COLUMBIA, TO room SD–226 of the Dirksen Senate Of- The nominations considered and con- BE A MEMBER OF THE DEFENSE NUCLEAR FACILITIES fice Building, to conduct an executive SAFETY BOARD FOR A TERM EXPIRING OCTOBER 18, 2012. firmed en bloc are as follows: (REAPPOINTMENT) business meeting. DEPARTMENT OF JUSTICE PETER STANLEY WINOKUR, OF MARYLAND, TO BE A The PRESIDING OFFICER. Without MEMBER OF THE DEFENSE NUCLEAR FACILITIES SAFE- Brendan V. Johnson, of South Dakota, to TY BOARD FOR A TERM EXPIRING OCTOBER 18, 2014. (RE- objection, it is so ordered. be United States Attorney for the District of APPOINTMENT) SELECT COMMITTEE ON INTELLIGENCE South Dakota for the term of four years. FARM CREDIT ADMINISTRATION Mrs. SHAHEEN. Mr. President, I ask Karen Louise Loeffler, of Alaska, to be JILL LONG THOMPSON, OF INDIANA, TO BE A MEMBER United States Attorney for the District of OF THE FARM CREDIT ADMINISTRATION BOARD, FARM unanimous consent that the Select Alaska for the term of four years. CREDIT ADMINISTRATION, FOR A TERM EXPIRING MAY 21, 2014, VICE NANCY C. PELLETT, TERM EXPIRED. Committee on Intelligence be author- Steven Gerard O’Donnell, of Rhode Island, ized to meet during the session of the to be United States Marshal for the District DEPARTMENT OF COMMERCE Senate, on October 15, 2009, at 2:30 p.m. of Rhode Island for the term of four years. SCOTT BOYER QUEHL, OF PENNSYLVANIA, TO BE AN ASSISTANT SECRETARY OF COMMERCE, VICE OTTO The PRESIDING OFFICER. Without f WOLFF, RESIGNED. objection, it is so ordered. SCOTT BOYER QUEHL, OF PENNSYLVANIA, TO BE CHIEF LEGISLATIVE SESSION FINANCIAL OFFICER, DEPARTMENT OF COMMERCE, VICE SUBCOMMITTEE ON INTERNATIONAL DEVELOP- OTTO WOLFF, RESIGNED. MENT AND FOREIGN ASSISTANCE, ECONOMIC The PRESIDING OFFICER. The Sen- FEDERAL HOSPITAL INSURANCE TRUST FUND AFFAIRS, AND INTERNATIONAL ENVIRON- ate returns to legislative session. CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A MENTAL PROTECTION MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL f HOSPITAL INSURANCE TRUST FUND FOR A TERM OF Mrs. SHAHEEN. Mr. President, I ask FOUR YEARS, VICE THOMAS R. SAVING. unanimous consent that the Com- ORDERS FOR MONDAY, OCTOBER 19, 2009 FEDERAL SUPPLEMENTARY MEDICAL INSURANCE mittee on Foreign Relations be author- TRUST FUND ized to meet during the session of the Mr. CASEY. Mr. President, I ask CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A Senate on October 15, 2009, at 10 a.m., unanimous consent that when the Sen- MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL to hold a subcommittee hearing enti- SUPPLEMENTARY MEDICAL INSURANCE TRUST FUND ate completes its business today, it ad- FOR A TERM OF FOUR YEARS, VICE THOMAS R. SAVING. tled ‘‘Drought, Flooding, and Refugees: journ until 2 p.m. on Monday, October FEDERAL OLD-AGE, SURVIVORS AND DISABILITY Addressing the Impacts of Climate 19; that following the prayer and INSURANCE TRUST FUNDS Change in the World’s Most Vulnerable pledge, the Journal of proceedings be CHARLES P. BLAHOUS, III, OF MARYLAND, TO BE A Nations.’’ approved to date, the morning hour be MEMBER OF THE BOARD OF TRUSTEES OF THE FEDERAL The PRESIDING OFFICER. Without deemed expired, the time for the two OLD-AGE AND SURVIVORS INSURANCE TRUST FUND AND THE FEDERAL DISABILITY INSURANCE TRUST FUND FOR objection, it is so ordered. leaders be reserved for their use later A TERM OF FOUR YEARS, VICE THOMAS R. SAVING.

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FEDERAL HOSPITAL INSURANCE TRUST FUND WILLIAM L. DAVIS DAVID NEGRON-ALICEA RULA F. DEISHER MARK C. NELSON ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- CHRISTOPHER J. DELAMERE MARSHALL E. NEWBERRY BER OF THE BOARD OF TRUSTEES OF THE FEDERAL HOS- ETIENNE DELARIVA FRANK G. NOLAN PITAL INSURANCE TRUST FUND FOR A TERM OF FOUR AARON W. DEMO NEIL ORLICH YEARS, VICE JOHN L. PALMER. MATTHEW C. DERRENBACHER AARON J. ORTENZIO JOYCE M. DIETRICH BRANDY N. PARKER FEDERAL OLD-AGE, SUVIVORS AND DISABILITY KELLY L. DIETRICH MARK B. PATTON INSURANCE TRUST FUNDS PATRICK C. DILL ELIZABETH T. PLATT SARA E. DILUNA BRIAN A. POTTER ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- DAVID D. DIXON STEPHEN C. PRIEBE BER OF THE BOARD OF TRUSTEES OF THE FEDERAL OLD- RICHARD H. DIXON LIBBY J. PRUITT AGE AND SURVIVORS INSURANCE TRUST FUND AND THE ROBERT J. DONNELL ANTHONY J. QUIRINO FEDERAL DISABILITY INSURANCE TRUST FUND FOR A TAD F. DROZDOWSKI MARC A. RANDOLPH TERM OF FOUR YEARS, VICE JOHN L. PALMER. JEFFERY A. DRZEWIECKI TOBIAS C. REID RODNEY RIOS FEDERAL SUPPLEMENTARY MEDICAL INSURANCE SHAUN L. EDWARDS JOHN T. EGAN DUANE B. RIPLEY TRUST FUND KENNETH W. ELLER NELSON Y. RIVERA SHAWN G. ESSERT ROBERTO RIVERA ROBERT D. REISCHAUER, OF MARYLAND, TO BE A MEM- NICOLE D. RODRIGUEZ BER OF THE BOARD OF TRUSTEES OF THE FEDERAL SUP- BRIAN M. FARMER DAVID T. FEENEY AARON J. ROE PLEMENTARY MEDICAL INSURANCE TRUST FUND FOR A DANIEL P. ROGERS TERM OF FOUR YEARS, VICE JOHN L. PALMER. KRISTOPHER S. FEGLER MATHEW S. FINE SCOTT P. ROOKE DEPARTMENT OF STATE JOHN M. FIORENTINE MORGAN H. ROPER MICHAEL R. FRANKLIN JESSICA A. ROZZI-OCHS ANNE SLAUGHTER ANDREW, OF INDIANA, TO BE AM- WILLIAM A. FRIDAY MICHAEL D. RUSSELL BASSADOR EXTRAORDINARY AND PLENIPOTENTIARY OF HSINGYEN J. FU MATTHEW G. SANFORD THE UNITED STATES OF AMERICA TO THE REPUBLIC OF JOSHUA M. FULCHER MICHELE L. SCHALLIP COSTA RICA. MICHAEL P. GARVEY SHADRACK L. SCHEIRMAN STEVEN A. SCHULTZ DEPARTMENT OF EDUCATION DAVID R. GATES MARCUS G. GHERARDI TYSON J. SCOFIELD LYNNAE M. RUTTLEDGE, OF WASHINGTON, TO BE COM- MEREDITH S. GILLMAN GARY R. SCOTT MISSIONER OF THE REHABILITATION SERVICES ADMIN- ZACHARY N. GLASS KRISTEN L. SERUMGARD ISTRATION, DEPARTMENT OF EDUCATION, VICE JOANNE TROY P. GLENDYE THOMAS A. SHULER M. WILSON, RESIGNED. CARY G. GODWIN EMMA E. SILCOX HAYDEN J. GOLDMAN JAMES H. SILCOX UNITED STATES POSTAL SERVICE EVANGELINE R. GORMLEY NICHOLAS R. SIMMONS MARTIN C. SIMPSON ALAN C. KESSLER, OF PENNSYLVANIA, TO BE A GOV- HARRY L. GREENE WILLIAM M. GROSSMAN STEVEN A. SKAGGS ERNOR OF THE UNITED STATES POSTAL SERVICE FOR A ERIK D. SKOW TERM EXPIRING DECEMBER 8, 2015. (REAPPOINTMENT) KENT D. HALEY STEVEN J. HALPIN KEVIN M. SLIGH IN THE COAST GUARD RYAN C. HAMEL BRIAN A. SMICKLAS LUSHAN A. HANNAH DAVID G. SMITH THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT AMANDA D. HARDGRAVE JAMES J. SMITH TO THE GRADE INDICATED IN THE UNITED STATES DAVID W. HATCHETT MARC H. SMITH COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: DERRICK F. HENDRICKSON TIMOTHY C. SOMMELLA To be lieutenant commander MICHAEL P. HENNESSY BRYSON T. SPANGLER ANGELINA HIDALGO WILLIAM R. SPORTSMAN JENNIFER L. ADAMS KATE F. HIGGINS NICOLE A. STARR RODERICK D. ADAMS KEVIN S. HILL JONATHAN K. STEHN MARCUS E. ALDEN BRENDAN J. HILLEARY RICHARD W. STICKLEY JASON C. ALEKSAK JESSE C. HOLSTON MICHAEL R. STONE JOHN G. ALLEN TIMOTHY C. HOLT HEATHER E. STRATTON KIMBERLY B. ANDERSEN DEAN E. HORTON MICHAEL R. STRUTHERS JONATHAN A. ANDRECHIK JASON D. INGRAM CHRISTOPHER W. SWEENEY SHAMEEN E. ANTHANIO-WILLIAMS JEFFREY S. JACKSON KRIS J. SZCZECHOWICZ LAHCEN I. ARMSTRONG JUSTIN W. JACOBS MICHAEL A. TEIXEIRA JOHN H. AXTELL STEVEN F. JENSEN DONALD M. TERKANIAN RENE BAEZ ERIC D. JOHNSON BRIAN J. TESSON FLAVIO B. BALTAZAR KAREN S. JONES KELLY A. THORKILSON TIMOTHY G. BALUNIS KAREN L. JORDAN LEE D. TITUS KEVIN M. BARKLAGE MICHAEL P. KAHLE CHRISTOPHER A. TREIB JASON P. BARRETT NICHOLAS A. KALIN CHARTER B. TSCHIRGI BRYAN M. BEGIN BENJAMIN G. KARPINSKI ROBERT C. TUCKER CHRIS J. BELMONT CHRISTOPHER M. KEENE PATRICIA J. TUTALO ANDREW R. BENDER NATHAN P. KENDRICK ANDREW J. VANSKIKE KENNETH E. BETHEA DANIEL J. KENNEDY JOSE L. VARGAS JULIE Y. BETHKE MAEVE K. KEOGH NICOLETTE A. VAUGHAN BRIAN R. BETZ DAVID M. KESSLER XAIMARA VICENCIO-ROLDAN IAN G. BIRD TERRI J. KINDNESS JERAMY J. WAHRMUND VANESSA BLACKMORE MATTHEW D. KING WILLIAM C. WALSH MARK A. BLAESI ROBERT J. KINSEY MARC D. WARREN JOHN D. BLOCK SEAN D. KRUEGER ROBERT D. WEBB MICHAEL A. BLOCK PAUL M. LALICATA BRIAN R. WILLSON STEVEN M. BONN DANIEL P. LANIGAN WINSTON D. WOOD CHRISTOPHER L. BONNER JOHN M. LEACH JESSICA S. WORST JOHN C. BOURCET JOHNDAVID A. LENTINE ANDREW W. WRIGHT JASON T. BOYLE EDDIE LESANE BRENT C. YEZEFSKI JASON P. BRAND JUNE E. LESHNOVER YAMASHEKA Z. YOUNG BRIAN P. BREGUET RACHEL L. LEWIS BRADFORD W. YOUNGKIN DANIEL L. BREHM PATRICK M. LINEBERRY IN THE ARMY STEPHANIE E. BRENNELL SCOTT E. LUGO WILLIAM C. BRENT MICHAEL C. LUNASIN THE FOLLOWING NAMED OFFICER FOR APPOINTMENT SHANE D. BRIDGES PATRICK J. LYSAGHT IN THE UNITED STATES ARMY TO THE GRADE INDICATED JOHN W. BRIGGS SCOTT M. MACCUMBEE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND PEGGY M. BRITTON GREGORY J. MADALENA RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DANIEL J. BROADHURST BRIAN J. MAGGI To be lieutenant general DARKEIM L. BROWN JILLIAN C. MALZONE DANIEL G. BUCHSBAUM MATTHEW C. MANOFSKY MAJ. GEN. KEITH M. HUBER VINCENT J. BUKOWSKI CARYN A. MARGITA CHRISTOPHER G. BURRUS TIMOTHY J. MARGITA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT ROBERT S. BUTTS BRYAN A. MARKLAND IN THE UNITED STATES ARMY TO THE GRADE INDICATED JERRY D. BUTWID DAVID J. MARRAMA UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY P. CABELL ELIZABETH L. MASSIMI To be major general MARCUS A. CANADY ZACHARY S. MATHEWS RONALD J. CAPUTO ERIC S. MAY BRIGADIER GENERAL JOSEPH J. ANDERSON CATHERINE T. CARABINE STEVEN J. MCCULLOUGH BRIGADIER GENERAL MARK S. BOWMAN KEVIN R. CARLSON MARK A. MCDONNELL BRIGADIER GENERAL ROBERT B. BROWN MARIE M. CASTILLO—BLETSO BONNIE C. MCMILLAN BRIGADIER GENERAL ROBERT M. BROWN GEORGE B. CATHEY SHAWN C. MCMILLAN BRIGADIER GENERAL EDWARD C. CARDON MATTHEW M. CHONG BRIAN K. MCNAMARA BRIGADIER GENERAL WALTER L. DAVIS JOHN J. CHRISTENSEN ADAM C. MERRILL BRIGADIER GENERAL GENARO J. DELLAROCCO MICHAEL A. CINTRON MATTHEW A. MICHAELIS BRIGADIER GENERAL WILLIAM F. GRIMSLEY AUSTIN H. COHOON BARRY J. MILES BRIGADIER GENERAL MICHAEL T. HARRISON, SR. ANGELA A. COOK CAROLYN L. MOBERLEY BRIGADIER GENERAL DAVID R. HOGG JOHN M. CORBETT ROBERT S. MOHR BRIGADIER GENERAL KARL R. HORST NATHAN E. COWALL YOUNGMEE MOON BRIGADIER GENERAL REUBEN D. JONES JEFFREY L. CRAIG PETER M. MORISSEAU BRIGADIER GENERAL BRIAN A. KELLER KEVIN A. CRECY CHARLOTTE MUNDY BRIGADIER GENERAL STEPHEN R. LANZA JOHN A. CURREN BRIAN J. MURPHY BRIGADIER GENERAL MICHAEL S. LINNINGTON HAI X. DANG CRAIG E. MURRAY BRIGADIER GENERAL FRANCIS G. MAHON MICHAEL V. DANISH NICHOLAS E. NEELY BRIGADIER GENERAL JOSEPH E. MARTZ

VerDate Mar 15 2010 12:26 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00056 Fmt 0686 Sfmt 9801 E:\BR09\S15OC9.002 S15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—SENATE, Vol. 155, Pt. 18 24961 BRIGADIER GENERAL WILLIAM C. MAYVILLE, JR. To be major ROBERT M. EPPERLY BRIGADIER GENERAL JAMES C. MCCONVILLE EDWARD M. GRICE BRIGADIER GENERAL JAMES M. MCDONALD PATRICK B. OATES DOUGLAS B. JONES BRIGADIER GENERAL PHILLIP E. MCGHEE ROBERT M. TAYLOR RICHARD I. MAESTAS BRIGADIER GENERAL PATRICIA E. MCQUISTION PATRICK J. MORGAN BRIGADIER GENERAL WILLIAM N. PHILLIPS THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- JAMES C. ODELL BRIGADIER GENERAL DANA J. H. PITTARD MENT TO THE GRADE INDICATED IN THE REGULAR AIR MARK F. PLAUSHIN FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): BRIGADIER GENERAL DAVID E. QUANTOCK WILLIAM H. RALSTON BRIGADIER GENERAL MICHAEL S. REPASS To be major GEORGE D. ROBERTS BRIGADIER GENERAL TODD T. SEMONITE PETER E. SOUSA BRIGADIER GENERAL THOMAS W. SPOEHR MISAEL C. ALONSO JEREMY N. STEINBERG BRIGADIER GENERAL KURT J. STEIN SHARON M. DAY ISTVAN SZASZ, JR. BRIGADIER GENERAL MICHAEL J. TERRY ROBYN T. KARMER BRIGADIER GENERAL SIMEON G. TROMBITAS DERRICK B. WILLSEY IN THE NAVY BRIGADIER GENERAL KEITH C. WALKER THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT BRIGADIER GENERAL MICHAEL J. WALSH MENT TO THE GRADE INDICATED IN THE REGULAR AIR IN THE GRADE INDICATED IN THE REGULAR NAVY BRIGADIER GENERAL PERRY L. WIGGINS FORCE UNDER TITLE 10, U.S.C., SECTION 531(A): UNDER TITLE 10, U.S.C., SECTION 531: IN THE NAVY To be major To be lieutenant commander THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DANA J. ALBALATE RAUL L. BARRIENTOS IN THE UNITED STATES NAVY TO THE GRADE INDICATED JOSEPH H. BOYLE THE FOLLOWING NAMED INDIVIDUALS FOR APPOINT- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND JAMES D. COLLINS MENT TO THE GRADE INDICATED IN THE UNITED STATES RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: PATRICK L. LANAGHAN ROBERT R. LIU NAVY RESERVE UNDER TITLE 10, U.S.C., SECTION 12203: To be vice admiral LUZ E. RODRIGUEZ To be captain IN THE ARMY VICE ADM. HARRY B. HARRIS, JR. RICARDO B. EUSEBIO DAVID G. MALONE IN THE AIR FORCE THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE DAVID W. TERHUNE THE FOLLOWING NAMED OFFICER FOR REGULAR AP- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: DAVID L. WILKEY POINTMENT IN THE GRADE INDICATED IN THE UNITED To be colonel STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: KENNETH E. LAWSON f To be lieutenant colonel KRISTINA D. MOELLER CHRISTOPHER J. OGRADY THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TO THE GRADE INDICATED IN THE RESERVE OF THE CONFIRMATIONS THE FOLLOWING NAMED OFFICER FOR REGULAR AP- ARMY UNDER TITLE 10, U.S.C., SECTION 12203: POINTMENT IN THE GRADE INDICATED IN THE UNITED Executive nominations confirmed by To be colonel STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: the Senate, Thursday, October 15, 2009: LAWRENCE C. DENNIS To be lieutenant colonel ROBERT L. GUY DEPARTMENT OF JUSTICE WILLIAM C. HENSEN MICHAEL R. SPENCER BRENDAN V. JOHNSON, OF SOUTH DAKOTA, TO BE RONALD E. MARTINMINNICH UNITED STATES ATTORNEY FOR THE DISTRICT OF THE FOLLOWING NAMED OFFICERS FOR REGULAR AP- JOHN H. TATUM SOUTH DAKOTA FOR THE TERM OF FOUR YEARS. POINTMENT IN THE GRADES INDICATED IN THE UNITED THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KAREN LOUISE LOEFFLER, OF ALASKA, TO BE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 531: TO THE GRADE INDICATED IN THE RESERVE OF THE STATES ATTORNEY FOR THE DISTRICT OF ALASKA FOR To be lieutenant colonel ARMY UNDER TITLE 10, U.S.C., SECTION 12203: THE TERM OF FOUR YEARS. To be colonel STEVEN GERARD O’DONNELL, OF RHODE ISLAND, TO BE SCOTT A. PAFFENROTH UNITED STATES MARSHAL FOR THE DISTRICT OF RHODE EDWARD D. SOMMERS BARRY R. BARON ISLAND FOR THE TERM OF FOUR YEARS.

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The House met at 10 a.m. and was lic for which it stands, one nation under God, RECESSION OVER FOR GOLDMAN called to order by the Speaker pro tem- indivisible, with liberty and justice for all. SACHS pore (Ms. EDWARDS of Maryland). f (Mr. DEFAZIO asked and was given f permission to address the House for 1 MESSAGE FROM THE SENATE DESIGNATION OF THE SPEAKER minute and to revise and extend his re- PRO TEMPORE A message from the Senate by Ms. marks.) Curtis, one of its clerks, announced Mr. DEFAZIO. Madam Speaker, all The SPEAKER pro tempore laid be- that the Senate has passed bills and across America unemployed Ameri- fore the House the following commu- agreed to a concurrent resolution of cans, struggling small businesses nication from the Speaker: the following titles in which the con- heaved a sigh of relief today because WASHINGTON, DC, currence of the House is requested: we know the recession is over. Gold- October 15, 2009. man Sachs reported profits of $3.19 bil- I hereby appoint the Honorable DONNA F. S. 692. An act to provide that claims of the EDWARDS to act as Speaker pro tempore on United States to certain documents relating lion. They are on track to pay bonuses this day. to Franklin Delano Roosevelt shall be treat- of over $20 billion, $700,000 average per NANCY PELOSI, ed as waived and relinquished in certain cir- employee. The recession is over for Speaker of the House Representatives. cumstances. Goldman Sachs. S. 1694. An act to allow the funding for the Of course, there is a little problem f interoperable emergency communications with this whole equation. Over the last PRAYER grant program established under the Digital Television Transition and Public Safety Act year, they have received over $60 bil- Rev. David Ferrell, Calvary Taber- of 2005 to remain available until expended lion in taxpayer subsidies. Hmm, that nacle, Perth-Andover, New Brunswick, through fiscal year 2012, and for other pur- happens to be about five times their Maine, offered the following prayer: poses. projected profits and three times what Lord, I stand before You today and S. Con. Res. 46. Concurrent resolution rec- they are going to pay out in bonuses. honor You as King of Kings and Lord of ognizing the benefits of service-learning and They got $13 billion from AIG after Lords. I ask Your forgiveness for expressing support for the goals of the Na- we gave AIG $80 billion to pay off bad tional Learn and Serve Challenge. human error and weakness. debts. They changed into a bank-hold- I thank You for these leaders that f ing company magically, but are ex- You have put in place as a check and empt from bank-holding company balance to the direction of our great WELCOMING REV. DAVID FERRELL rules, and got another 50-or-so billion Nation. I pray that they be empowered The SPEAKER pro tempore. Without dollars of subsidies out of the Federal with boldness and courage as they rep- objection, the gentleman from Maine, Treasury. resent their constituents. Congressman MICHAUD, is recognized What a wonderful system this is. I pray for Your guidance over today’s for 1 minute. They are creating tremendous wealth. proceedings and that Your wisdom rest There was no objection. They are an engine of growth. They on these elect for all future decisions Mr. MICHAUD. Madam Speaker, Pas- have recovered from the recession. All they will face. tor David Ferrell has been an active, hail Goldman Sachs. Remind us that when we don’t know compassionate, and inspiring minister f what direction to take, we can entrust for over 21 years. It is truly an honor to DEMOCRATS PLAN TO PAY FOR Your hand and word to direct us. welcome him to the House of Rep- HEALTH CARE REFORM ON I thank You for a strong United resentatives. BACKS OF PATIENTS States and for the individuals who have David is currently a pastor at the answered the call to serve in this great Calvary Tabernacle in Perth-Andover, (Mr. GINGREY of Georgia asked and House of Representatives. New Brunswick, an educator at the was given permission to address the I pray Your blessings be on this place University of Maine at Presque Isle, House for 1 minute and to revise and from now and forevermore. and a man who has served in a variety extend his remarks.) In Jesus’ name, amen. of religious capacities. Many have ben- Mr. GINGREY of Georgia. Madam Speaker, the Democrats plan to pay for f efited from his wisdom and compas- health care reform on the backs of my THE JOURNAL sion. He has traveled far and wide speaking at conferences from Maine to patients, many of whom are now senior The SPEAKER pro tempore. The North Carolina, from Quebec to Paki- citizens. Our seniors have suffered tre- Chair has examined the Journal of the stan. mendously since the recession began. last day’s proceedings and announces I applaud the pastor for his many ac- Their 401(k)s are now 201(k)s. to the House her approval thereof. complishments, his thirst for knowl- However, my Democratic colleagues Pursuant to clause 1, rule I, the Jour- edge, and his unending desire to help don’t think seniors have paid enough nal stands approved. people. I wish him the best as he con- this year. Now they are asking our sen- f tinues to be a positive force in this iors to foot the bill for health insur- community. ance reform by cutting the Medicare PLEDGE OF ALLEGIANCE program by $500 billion. The SPEAKER pro tempore. Will the f These cuts will result in seniors los- gentleman from Maine (Mr. MICHAUD) ing benefits under Medicare Advan- come forward and lead the House in the ANNOUNCEMENT BY THE SPEAKER tage, programs such as vision, dental, Pledge of Allegiance. PRO TEMPORE hearing, and even annual checkups, Mr. MICHAUD led the Pledge of Alle- The SPEAKER pro tempore. The Madam Speaker. These cuts will result giance as follows: Chair will entertain up to 10 further re- in longer wait times and make it hard- I pledge allegiance to the Flag of the quests for 1-minute speeches on each er for senior patients to find a doctor United States of America, and to the Repub- side of the aisle. that will see them at all. Worst of all,

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.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24963 these cuts will ensure it will be harder TennCare, our State’s Medicaid experi- don’t take a raise because their health to fix Medicare, which it surely will, in ment that failed spectacularly. Care insurance is going up in cost. They 7 years. was rationed and enrollment for the worked to have lower copays, lower Madam Speaker, my patients must program was closed, and that hurt our deductibles, to have vision, dental, not be used to foot the bill for health patients. We simply cannot allow these mental health services, among others. care reform. cutbacks to harm patient care. But now we are talking about taxing f I urge all Members to go back to these plans. What we need to do is fig- their districts and talk to their doctors ure out ways we can actually lower HONORING OKLAHOMA’S SUPER- and patients. I think they will hear a health care costs instead of discour- INTENDENT OF EDUCATION, different story and remedy for our aging people from having health insur- SANDY GARRETT health care system than the one the ance. (Mr. BOREN asked and was given Democrats are trying to prescribe. After all, isn’t this what we are sup- permission to address the House for 1 f posed to be trying to do? The commu- minute and to revise and extend his re- nication workers alone are being told CLEAN MONEY, CLEAN ELECTIONS marks.) that these new proposals may cost Mr. BOREN. Madam Speaker, I rise (Mr. ARCURI asked and was given their workers about a thousand dollars to honor one of Oklahoma’s most re- permission to address the House for 1 more per year in taxes. spected political leaders, Sandy Gar- minute and to revise and extend his re- This is the wrong approach. It’s not rett. marks.) good health care. As someone who has Born and raised in my hometown of Mr. ARCURI. Madam Speaker, across practiced in the health care field, I am Muskogee, Oklahoma, Sandy Garrett the country, hardworking Americans telling you, it’s bad medicine. has been Oklahoma’s superintendent of are tightening their belts and pinching f public instruction for the past 19 years. pennies in order to provide for their As chief executive officer of the State families, as well as working to improve EXPAND TAX CREDIT FOR FIRST- Department of Education, Super- our economy. While the issues of TIME HOMEBUYERS intendent Garrett has led the imple- health care and the economy dominate (Mr. MITCHELL asked and was given mentation of major education reforms our attention, as they should right permission to address the House for 1 such as Oklahoma’s Education Reform now, we should still be mindful of the minute.) Act of 1990, the Federal No Child Left importance of campaign finance re- Mr. MITCHELL. Madam Speaker, I Behind Act of 2001 and the Achieving form. rise today on behalf of thousands of Classroom Excellence Act of 2005. Campaign finance reform is a neces- constituents in my district who are In 2006, she was re-elected over- sity if we are going to truly have a de- still struggling to cope with the hous- whelmingly for the fifth time. Super- mocracy that allows individuals to ing crisis. intendent Garrett is the only woman in enter the political forum based on their Arizona consistently ranks among Oklahoma history to hold the office. skills and acumen rather than on their the Nation’s top three States in fore- Her strong character and steady lead- bank accounts. closures. As a former mayor and a ership have served, and continue to In the last decade, an alliance of ad- homeowner, I recognize the negative serve, multiple generations of Okla- vocacy groups, the Fair Elections Coa- impact foreclosures have on home val- homa school children. lition, has been working to implement ues and neighborhoods. Sandy Garrett, because of your com- a public campaign finance system on Earlier this year, as part of the mitment to public service, Oklahoma the State level known as Clean Money, American Reinvestment and Recovery continues to be a great State to live Clean Elections. Already, some form of Act, we took an important step for- and work in. Clean Money, Clean Elections is law in ward. We passed a temporary $8,000 tax f seven States, and over 200 State offi- credit for first-time homebuyers. cials have won their races using this The good news is that tax credit has SENIORS WILL SEE REDUCED BEN- system. worked. Closer to home, in the Phoenix EFITS UNDER NEW HEALTH As a Member of Congress, we need to metropolitan area, according to at CARE PLAN remember that we serve the people of least one recent survey, home sales (Mr. ROE of Tennessee asked and was this country based on issues, not dol- have reached 9,614 in June, up 11 per- given permission to address the House lars. I would ask that my colleagues cent from May. for 1 minute.) join me as we push towards reforming However, I believe we need to expand Mr. ROE of Tennessee. Madam the campaign finance system across this credit to make it available to any Speaker, as a doctor, I see the health the board. American who wants to buy a home, care reform debate a little differently f not just first-time homebuyers. As the than many of my colleagues. When peo- expiration of the current homebuyer HEALTH COSTS HIGH BECAUSE WE ple talk about cost savings and dif- tax credit approaches, I want to en- HAVE $800 BILLION OF WASTE IN ferent health care plans, they are real- courage my colleagues to consider sup- SYSTEM ly talking about access to care for my porting legislation to expand and ex- patients. There is an immediate and (Mr. TIM MURPHY of Pennsylvania tend the homebuyer tax credit. long-term problem for patients’ access asked and was given permission to ad- f under the Democrats’ plan. dress the House for 1 minute.) In the near term, 20 percent of our Mr. TIM MURPHY of Pennsylvania. MEDICARE PATIENTS WILL LOSE seniors will see reduced benefits. It’s Madam Speaker, health care costs are QUALITY OF CARE not credible to say that we are not cut- not high because people have health in- (Mr. BROUN of Georgia asked and ting Medicare benefits when, in fact, surance. They are high because we was given permission to address the we are. These so-called reforms seem have $800 billion of waste in the sys- House for 1 minute and to revise and incredibly short-sighted to me in light tem. Now our friends in the Senate are extend his remarks.) of the fact that they will decrease ac- proposing to increase taxes on health Mr. BROUN of Georgia. Madam cess to care. insurance. Speaker, I practiced medicine, general Over the longer term, H.R. 3200 will When workers such as ironworkers medicine, in the State of Georgia for force further cutbacks in care as cost and steelworkers and communication almost four decades. The American savings fail to materialize. Why am I workers and the IBEW negotiate their people need to understand if the House so confident of this outcome? Because I pay package, they work to make sure bill or the Senate bill is passed into heard the same promises, the same pre- that their health care plan is covered. law, my patients and physicians like dictions to my patients under Too often now they find that they me all across this Nation are not going

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24964 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 to be able to give the kind of health Earlier this week, former Congress- hero from my home State of Indiana care to their patients that they are man McCrery’s son, Scott, received his and to honor his service and his life. today. Eagle Scout award, the highest award Army Specialist Jacob Sexton, a com- Medicare patients are going to lose given in scouting. Scott’s Eagle project bat veteran of conflicts both in Iraq the quality of care that they are get- was a rather ambitious undertaking. and Afghanistan, tragically passed ting today. Tens of thousands of people He organized nearly 50 volunteers to away while on leave from his overseas are going to lose their private insur- remove debris from the historic duties earlier this week. ance. The cost is going to go up for ev- grounds of Mount Vernon, home of A native of Farmland, Indiana, Jacob erybody in this country. George Washington. The debris covered graduated from Monroe Central High The quality of care is going to go an area the size of two football fields. School, and like many men in the Sex- down. It’s going to be too costly. We In addition to being an eyesore, it also ton family, Jacob chose to wear the are going to be all forced on the gov- represented a fire hazard to the man- uniform. ernment bureaucrat-run health care sion. Some of the debris Scott and his Jacob served with Alpha Company, system, and the American people need volunteer corps gathered was used to 2nd Battalion, of the 151st Infantry to know that, Madam Speaker. build habitat for the wildlife that lives Regiment in the Indiana National f on the property. Guard. Those who served with him re- Scott began his scouting journey in member a selfless soldier who was HONORING THE RETIREMENT OF Shreveport 10 years ago when, as a quick to volunteer for difficult assign- ED GRIER Tiger Cub, he joined the Cub Scout ments. (Ms. LORETTA SANCHEZ of Cali- pack at South Highlands Elementary A Humvee driver while in Iraq, he fornia asked and was given permission School. took on dangerous positions, often to address the House for 1 minute and I congratulate Scott McCrery on this leaving himself exposed to IED and to revise and extend her remarks.) prestigious award. small-arms attacks. As an infantryman Ms. LORETTA SANCHEZ of Cali- f in Afghanistan, Jacob saw firsthand fornia. Madam Speaker, I rise today to TRIBUTE TO BOBBY L. HAYDEN the perils of combat, but he faced those honor Ed Grier, who served as the perils with courage. president of Disneyland Resort in my (Mr. GRIFFITH asked and was given Those close to Jacob noted that the district for 3 years, before his retire- permission to address the House for 1 stresses of combat and long deploy- ment this October 9. minute.) ments seemed to have little effect on Mr. GRIFFITH. Madam Speaker, I Ed is a 20-year veteran the Walt Dis- his infectious personality. However, rise today to honor a friend, Mr. Bobby ney Company; and he served in a vari- after this week’s tragic events, it is Hayden, a scholar, a soldier, a commu- ety of roles, from senior auditor at painfully clear that Jacob Sexton was nity advocate and a family man. Walt Disney World to the executive deeply affected by his experiences in managing director of Walt Disney At- Bobby Hayden, who resides in my dis- trict, was one of the first African uniform and on deployment. tractions in Japan. But for the last 3 While his loss leaves far too many Americans on a Presidential Honor years, we have been lucky enough to questions unanswered, I believe it is Guard. He took the first watch over have him in Anaheim. yet another reminder of the special President Kennedy’s body. He became His hard work has continued to make care our heroes need and deserve, those active in our community and has added Disneyland one of our Nation’s top who defend freedom, when they come a great deal to his alma mater, Ala- tourist attractions. In fact, in 2008, home. bama A&M. while most attractions were hurting, Heroes like Army Specialist Jacob Disneyland hosted 14.7 million visitors As a middle and high school teacher, Bobby has spent decades of his life Sexton are the pride of their family and generated substantial revenue for and our Nation’s most treasured citi- our local businesses and for our cities. shaping the lives of north Alabama’s youth. He has been at the forefront of zens. Jacob’s family, his parents, Jeff In addition, Disney is Orange County’s and Barbara; his brothers, Joshua, largest private employer, with about many activities, specifically working to preserve historical landmarks in the Jeremiah and Jared; and all those who 20,000 employees. served with him, know that you have During Ed’s tenure, the resort began Tennessee Valley. Mr. Hayden is a dedicated Alabama our deepest condolences, the gratitude a $1 billion expansion of Disney’s Cali- of the people of Indiana, and you shall fornia Adventure and constructed the A&M alumnus, a Bulldog, and has held several positions in the college alumni remain in the hearts of a grateful Na- company’s first west coast timeshare tion forever. units at the Grand Californian Hotel, association. He was inducted into the f which opened last month. Alabama A&M Sports Hall of Fame and In addition Ed joined the Orange currently serves as the secretary for OBSTRUCTING HEALTH CARE County community by serving as a the Hall of Fame Association. REFORM It is a privilege for me to mention his board member for the Children’s Hos- name on the floor, as he has gone (Ms. DELAURO asked and was given pital of Orange County. Ed’s skill and somewhat unrecognized as one of the permission to address the House for 1 leadership will be missed, and I wish first African Americans on President minute and to revise and extend her re- him the best of luck in his future en- Kennedy’s Honor Guard, standing with marks.) deavors. the family through the ordeal. Ms. DELAURO. Madam Speaker, let f me tell an old story relevant to our f b 1015 current health care debate. HONORING ARMY SPECIALIST One day, a frog was hopping by a CONGRATULATING SCOTT JACOB SEXTON river when he came upon a scorpion. MCCRERY, EAGLE SCOUT (Mr. PENCE asked and was given per- The scorpion asked if the frog would (Mr. FLEMING asked and was given mission to address the House for 1 carry him across. The frog said, No, permission to address the House for 1 minute and to revise and extend his re- you will sting me. The scorpion replied, minute.) marks.) No, if I stung you, we would both Mr. FLEMING. Madam Speaker, for Mr. PENCE. Madam Speaker, some- drown. What is the point of that? 20 years, the Honorable Jim McCrery times our heroes fall on foreign soil, So the frog put the scorpion on his represented Louisiana’s Fourth Con- and sometimes they come home and back and waded into the river. Halfway gressional District. It is an honor to di- fall, but we honor their service and across, he felt a sudden sting and his rectly follow former Congressman their sacrifice all the same. body went numb. Scorpion, why did McCrery and represent the great people Madam Speaker, I rise with a heavy you do that? Now we will both die. Said of northwest Louisiana. heart to mark the sudden passing of a the scorpion, It is my nature.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24965 Today, the health insurance industry access to their doctors by eliminating Sergeant Kirk selflessly put himself refuses to cover basic maternity care the 21 percent pay cut doctors are fac- in harm’s way in service to America. for four out of five women, while charg- ing for Medicare reimbursements. He and his family are owed a debt of ing them higher premiums. It kicks Without this health care reform, 40 gratitude. women out of hospitals within hours of percent of our doctors say they will Sergeant Kirk, a native of Maine, a mastectomy. No industry in history have to reduce the number of Medicare joined the United States Army in 2005. that profits from a broken system has patients they see. Our seniors deserve He was on his second tour of duty in ever moved to reform that system. better than that. They deserve reform Afghanistan when his base was at- After faking support for health care that will keep them in good health at tacked by insurgents on October 3. reform for months, why did the health a manageable cost. Kirk and seven of his courageous fellow insurance industry on Monday sud- I urge my colleagues to support qual- soldiers, all based out of Fort Carson, denly try to sting us with a flawed and ity health care reform for our Nation’s were killed during the long battle. incomplete cost analysis of a health seniors. Sergeant Kirk’s memory lives on care plan? The same reason they fight f with his wife, daughter, mother and to prevent competition through a sisters. We will always remember his RECOGNIZING THE 25TH ANNIVER- strong public option, and the same rea- sacrifice, and theirs, and we are forever SARY OF BREAST CANCER son many of my Republican colleagues grateful for their patriotism and serv- AWARENESS MONTH have done nothing but obstruct reform. ice to America. It is their nature. (Mr. BUCHANAN asked and was f f given permission to address the House for 1 minute.) AMNESTY ENCOURAGES ILLEGAL SUPPORT THE AMTRAK SECURE Mr. BUCHANAN. Madam Speaker, I IMMIGRATION TRANSPORTATION OF FIREARMS rise today to recognize the 25th anni- (Mr. SMITH of Texas asked and was ACT versary of Breast Cancer Awareness given permission to address the House (Mr. REHBERG asked and was given Month. Breast cancer is the leading for 1 minute and to revise and extend permission to address the House for 1 cause of cancer deaths in women be- his remarks.) minute.) tween age 40 and 59. We have all been Mr. SMITH of Texas. Madam Speak- Mr. REHBERG. There aren’t many touched by it with family or friends. er, two recent surveys, one of Mexicans things that are more important to the In my home State of Florida, an esti- and one of Americans, addresses poli- foundation of the West than trains and mated 12,000 new cases of breast cancer cies that encourage illegal immigra- guns. In Montana, both still have a in women will be diagnosed this year. tion. The first, from Rasmussen, re- profound impact on our frontier iden- However, if detected early enough, we veals that 56 percent of U.S. voters sur- tity. But these pillars of Western cul- can be successful in treating the dis- veyed believe the policies of the Fed- ture find themselves on opposite sides ease. eral Government encourage people to of the fence because of Amtrak’s ban To this end, I am proud to be a co- enter the United States illegally. Also, on the transportation of legal firearms sponsor of the EARLY Act, a bill intro- 64 percent believe law enforcement offi- on its trains. duced by my fellow Florida colleague, cers should conduct surprise visits at The Second Amendment doesn’t de- DEBBIE WASSERMAN SCHULTZ. She has locations where illegal immigrants rail the right to bear arms if you hap- been a leader. She has got a courageous seek employment. pen to be on a train. We allow the story that she shares with many. This The second, from Zogby, reveals that transportation of firearms in cars and act, her bill, is an education campaign, 56 percent of people in Mexico think on commercial airlines, but Amtrak’s it is a public awareness campaign, and granting legal status to illegal immi- ban on firearms remains in effect, even it will have a huge difference on women grants in the United States would en- as it continues to receive massive Fed- in the future. So I really respect her courage more illegal immigration to eral subsidies. leadership on this. America. Of Mexicans with a member The Amtrak Secure Transportation In my congressional district, I am of their immediate household in the of Firearms Act would force Amtrak to proud to say, I thank the leadership. United States, two-thirds—two- end its ban on firearms once and for We have been active, our employees thirds—said a legalization program all. I hope my colleagues will join me and our businesses, over the last 10 would make people they know more in sponsoring this important legisla- years. Working together, it makes a likely to go to America illegally. tion, because the Second Amendment big difference. I would like to just say, Madam Speaker, these are more rea- protects you whether you travel by we need to continue to educate our sons to oppose amnesty for those in the horse, plane, truck or train. families and friends on this bill. country illegally. f f f SENIORS AND HEALTH CARE IN MEMORIAM OF U.S. ARMY PROVIDING AFFORDABLE HEALTH REFORM SERGEANT JOSHUA KIRK CARE FOR YOUNG ADULTS (Mrs. DAHLKEMPER asked and was (Ms. SHEA-PORTER asked and was (Mr. TONKO asked and was given given permission to address the House given permission to address the House permission to address the House for 1 for 1 minute and to revise and extend for 1 minute.) minute and to revise and extend his re- her remarks.) Ms. SHEA-PORTER. Madam Speak- marks.) Mrs. DAHLKEMPER. Madam Speak- er, it is with a heavy heart that I rise Mr. TONKO. Madam Speaker, on er, I rise today to support health care today to honor the life of Sergeant Tuesday, Speaker PELOSI announced an reform for our seniors. Our senior citi- Joshua Kirk. Sergeant Kirk was trag- important new addition to the health zens deserve reform that will lower ically killed in Afghanistan on October insurance reform package. Young their medical expenses and provide the 3. adults will be able to remain on their highest quality care available. Our On Tuesday morning, I attended his parents’ health insurance plans until health care reform legislation closes funeral at St. Michael’s Church in Exe- their 27th birthday. the prescription drug doughnut hole ter, New Hampshire. There were so Young adults make up one-third of which forces seniors to reduce their many relatives and friends in attend- the entire uninsured population, num- prescription drug use, that is, not use ance for a somber and moving cere- bering 13.7 million. Only 53 percent of lifesaving medications, by an average mony. His wife, Megan, a native of Exe- young adults are even eligible for em- of 14 percent. ter, and his daughter, Kensington, have ployer-based insurance, and 51 percent The House’s health care reform legis- lost a husband and father, and this Na- do not have health coverage through lation will help guarantee our seniors tion has lost a hero. their jobs.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24966 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 Young adults have the highest rate of H. RES. 829 ernments in providing for effective se- injury-related emergency department Resolved, That upon adoption of this reso- curity. It’s worth noting a few of the visits and 15 percent have a chronic lution it shall be in order to consider the major initiatives contained in this con- health condition. Half are overweight conference report to accompany the bill ference report. or obese, 9 percent have been diagnosed (H.R. 2892) making appropriations for the De- This legislation helps secure our bor- with depression or a related condition, partment of Homeland Security for the fiscal ders by providing over $10 billion for year ending September 30, 2010, and for other and the highest prevalence of human purposes. The conference report shall be con- Customs and Border Protection, in- papilloma virus, which has been linked sidered as read. All points of order against cluding funding for over 20,000 Border to cervical cancer, is among women the conference report and against its consid- Patrol agents, which represents an in- age 20–24. Young adults experience six eration are waived. The previous question crease of 6,000 agents since 2006. In ad- preventable deaths each day due to shall be considered as ordered on the con- dition, this report extends authoriza- lack of health insurance. ference report to its adoption without inter- tion of the E-Verify program for 3 This is clearly an age group that vening motion except: (1) one hour of debate; years, under which employers are able needs health insurance. But young and (2) one motion to recommit if applicable. to check the legal status of their work- adults are among those least likely to The SPEAKER pro tempore. The gen- ers. This legislation provides the fund- have access to coverage. Allowing them tleman from Florida (Mr. HASTINGS) is ing to operate and improve the existing to remain as a dependent on their par- recognized for 1 hour. E-Verify program. ents’ health insurance plans will bring Mr. HASTINGS of Florida. Madam Ensuring the safety and security of quality health insurance within reach Speaker, for the purpose of debate our Nation’s infrastructure is a critical for millions of young adults. only, I yield the customary 30 minutes part of this legislation. This conference to my good friend, the gentleman from f report provides the necessary funding Florida (Mr. DIAZ-BALART), and all to the Transportation Security Admin- THE SCORE: AMERICAN FLAG 1— time yielded during consideration of istration and the Coast Guard to pro- FLAG POLICE 0 the rule is for debate only. tect our Nation’s vast transportation (Mr. POE of Texas asked and was GENERAL LEAVE network, including airports, seaports, given permission to address the House Mr. HASTINGS of Florida. I ask subways, trains, and buses. With this for 1 minute.) unanimous consent that all Members funding, the TSA will be able to im- Mr. POE of Texas. Madam Speaker, be given 5 legislative days in which to prove explosive detection equipment at the Oak Parks Apartments in Albany, revise and extend their remarks on airports, and the Coast Guard will be Oregon, this week decided to ban House Resolution 829. able to replace aging ships and aircraft, American flags. The apartment man- The SPEAKER pro tempore. Is there which is much needed, modernizing a ager said American flags might offend objection to the request of the gen- force that is essential to our national somebody in the community, so she tleman from Florida? security. issued a dictate: fly Old Glory, and you There was no objection. Madam Speaker, I have always get evicted. American flag sticker on Mr. HASTINGS of Florida. I yield praised the Federal Emergency Man- your car in the parking lot? Not al- myself such time as I may consume. agement program for the fine work lowed. No Stars and Stripes flying from Madam Speaker, House Resolution they do in helping distressed commu- a motorcycle or a car. 829 provides for consideration of the nities. In my home State of Florida, we So the American patriots living there conference report to accompany H.R. are frequently plagued with natural fought back. They said anyone offended 2892, the Department of Homeland Se- disasters, including hurricanes and by their American flags would have to curity Appropriations Act of 2010. The flooding. These disasters profoundly just get over it. They started flying rule waives all points of order against impact Florida’s residents, particu- flags everywhere. One mom put an the conference report and against its larly when so many individuals and American flag poster in her son’s win- consideration. The rule provides that families experience severe damage to dow. He is fighting in Iraq, wearing the the conference report shall be consid- their homes and communities. flag on his shoulder. One lady just ered as read. And finally, the rule pro- I’m pleased with the funding levels walked around the complex every day vides that the previous question shall indicated in this report for the fire- waving the flag. be considered as ordered without inter- fighter grants, flood map moderniza- These people did not give in. They vention of any motion, except 1 hour of tion, predisaster mitigation, and emer- were offended by the flag police. You debate and one motion to recommit, if gency food and shelter programs. I see, the Constitution protects their applicable. know that the men and women at right to display the flag as free speech. This conference report appropriates FEMA work hard and are dedicated to And yesterday the apartment manager over $42 billion in funds necessary to relieving the plight of Americans faced backed off. Flying Old Glory is okay protect the American people and en- with the hardships of natural disasters. again, even if it offends the politically hance our national security. Through At the same time, I’ve never been shy correct apartment owner. terrorist threat mitigation, natural about making my voice heard on mat- So, congratulations to these Amer- disaster response, and immigration en- ters important to my constituents and ican patriots. The score: American flag forcement, this appropriations bill pro- all residents of Florida and our Nation 1—flag police, zero. vides the funding to fulfill the many that experience disasters. I have been And that’s just the way it is. essential responsibilities of a range of outspoken on the need for FEMA to f important governmental agencies, improve temporary housing. b 1030 from the Coast Guard to FEMA to Cus- I’m also pleased to have included lan- toms and Border Protection to the guage in this bill requiring the Florida PROVIDING FOR CONSIDERATION Transportation Security Administra- Long Term Recovery Office, located in OF CONFERENCE REPORT ON tion. Orlando, to remain open. And a foot- H.R. 2892, DEPARTMENT OF Particularly critical in this legisla- note there, Representatives ALAN HOMELAND SECURITY APPRO- tion are the partnerships established GRAYSON and SUZANNE KOSMAS are de- PRIATIONS ACT, 2010 with State and local communities to serving of a lot of consideration from Mr. HASTINGS of Florida. Madam prepare for and protect against a range us for that action that I, along with Speaker, by direction of the Com- of emergency situations, including nat- ROBERT WEXLER and others, began mittee on Rules, I call up House Reso- ural disasters and acts of terrorism and quite some time before they came to lution 829 and ask for its immediate violence. The funding provided for Congress. In order to enhance commu- consideration. emergency response resources dem- nication and relief operations, this is The Clerk read the resolution, as fol- onstrates the need for collaboration necessary in the event of a natural dis- lows: among Federal, State, and local gov- aster.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00005 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24967 Madam Speaker, I do want to address perative threats or conduct themselves prepared and professional staff at the provisions in this report relating to in a criminal manner against this Na- FEMA, ready to coordinate disaster the detainees at Guantanamo Bay. I tion. preparedness, response, recovery and know that this body has been very fo- Madam Speaker, ultimately, the con- mitigation efforts, is of vital impor- cused on this matter, as rightly we ference report before us today provides tance to Florida. should be, as President Obama has the necessary funding for the Federal, I am pleased the conference report committed his administration to close State, and local agencies, programs will provide FEMA and the new FEMA the detention facility at Guantanamo and efforts that will protect our Na- administrator—we Floridians are very by January of 2010. This conference re- tion. proud of him, Craig Fugate—the re- port prohibits current detainees from I reserve the balance of my time. sources needed to help in the aftermath being transferred to the United States, Mr. LINCOLN DIAZ-BALART of of any natural disaster, whether it’s a except to be prosecuted, and then only Florida. Madam Speaker, I’d like to hurricane in Florida, an earthquake in after Congress receives a detailed plan thank my good friend and fellow co- California, or the flooding in the Mid- on the risks involved, the legal ration- chairman of the Florida Congressional west. ale for their transfer, and a notifica- Delegation, Mr. HASTINGS, for the time. The terrorist attacks of September 11 tion from the Governor of the affected I yield myself such time as I may con- heightened concerns regarding aviation State. sume. security. In response, Congress passed This is all well and good, but the lan- Madam Speaker, several years ago I the Aviation and Transportation Secu- guage in this bill, while a good step for- had the distinct privilege to bring to rity Act of 2001. That legislation estab- ward, is not going to solve the problem this floor, first, the rule bringing the lished a Federal screener workforce of what to do with the hundreds of in- legislation to the floor that created the and required the screening of all dividuals we have detained, and those Department of Homeland Security, and checked baggage using explosive detec- in the future that we may have to de- then the first rule for a Department of tion systems, EDS. EDS machines can tain, whether they are detained at Homeland Security appropriations bill. quickly determine if a baggage con- Guantanamo or Bagram Air Base in Af- Since then, the Department of Home- tains a potential threat. If a weapon or ghanistan or any other facility where land Security has begun to mature. It explosive is detected, the machines they may be detained by the United has improved the process for which it alert security officers so they can man- States. was created, the oversight of and co- age the baggage appropriately. The debate over Guantanamo, in my ordination of many departments re- Funding and reimbursement for EDS opinion, is missing the larger picture, lated to the safety of the Nation. installation, however, continues to be a and that is a need to reform our entire As we know, the department was cre- serious concern. Miami International detainment policy. As I have main- ated in the wake of the attacks of Sep- Airport, which is in my congressional tained, the problem is policy, not the tember 11, 2001, to help mobilize and to district, has incurred over $78 million place. Without a system of justice to organize the government to the best of in in-line EDS terminal modification deal with suspected terrorists, wher- its ability to secure the homeland from costs and continues to seek reimburse- ever they are held, we are left with a further terrorist attacks, to protect ment for the Federal share of those broken system that has been a signifi- the Nation’s borders, and to prepare for costs. I am pleased that this conference cant recruiting tool for al Qaeda and natural disasters. And thanks to our report provides $778 million in discre- other groups which threaten our Na- new concerted approach, I think we’ve tionary funding to purchase and install tion’s security. We need to deny them made key investments to secure the EDS at airports. Those funds will help that image of America. United States from further terrorist reimburse Miami International Airport We need a judicial process that ac- attacks. and other airports in their efforts to complishes at least three things: Num- complete EDS installations. b 1045 ber 1, protects our national security by Our Nation’s maritime industry con- holding and prosecuting those who But clearly we must not let our tributes approximately $750 billion to have committed crimes or who pose an guard down. the gross domestic product each year. imperative threat to our country; num- Just a few weeks ago, we heard about Florida has some of the largest ports in ber 2, upholds international standards a disrupted terrorist attack in New the country. The Port of Miami serves of human rights; and 3, strengthens our York City. The Attorney General of as the primary maritime gateway to Nation’s image as a country that up- the United States has called the plot, Latin America and the Caribbean. It is holds the rule of law and does not re- ‘‘one of the most serious in the United a strategic hub for international com- sort to arbitrary justice, even while States since September 11, 2001.’’ That merce throughout the hemisphere, and under threat. is why I am pleased that the under- obviously it is the cruise ship capital of This appropriations season has, so lying legislation provides the Depart- the word. far, brought forth a number of bills, al- ment with the tools and resources that Since 9/11, the Port of Miami has most all with language relating to it needs in order to continue to help to faced unprecedented security costs due Guantanamo and a whole lot of that protect the Nation from other terrorist to the expense of complying with Fed- ‘‘not in my backyard’’ stuff. At some attacks. We must not lose our focus. eral security mandates. While ports point soon, we’re going to need to move We must continue our efforts to pro- across the Nation are facing similar beyond trying to legislate this matter tect the United States from deadly at- challenges, the problem at the Port of into appropriations bills and, instead, tacks. Miami is particularly serious. Annual deal with what is necessary, and that This legislation will provide much- operating security costs at the Port of is, new policies and guidelines to bring needed funding to help secure our bor- Miami have increased from just over $4 our national security needs in line with ders, with $800 million for Southwest million in 2001 to over $20 million our historic national values. border investments, over $3 billion for today. I’m pleased to have introduced H.R. the Border Patrol, including over 20,000 The legislation we are bringing to 3728, the Detainment Reform Act, Border agents, an increase of more the floor provides $300 million in grants which will move us forward on this than 50 percent since 2006. to assist ports in enhancing their secu- matter, and I urge my colleagues and The State that I am honored to rep- rity measures to prevent, detect, and the President and his administration resent, Florida, has seen, as my dear respond to possible terrorist attacks. to give some vent to supporting this ef- friend has pointed out, its share of nat- So I wish to thank Chairman PRICE fort, revising it, or doing what is nec- ural disasters, from Hurricane Andrew and Ranking Member ROGERS for their essary in order for this bill or others to in 1992 to the series of very disastrous clearly bipartisan work on this con- establish the policy that’s needed for back-to-back hurricanes in the middle ference report that makes critical in- detaining individuals who would be im- of this decade. That is why having a vestments in the priorities facing the

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Department of Homeland Security, in- Joining the ACLU against the Pen- well as Chairman PRICE for his leader- cluding securing our transportation tagon was the American Society of ship in bringing the fiscal year 2010 systems, strong border security, a well- News Editors, the Associated Press, Homeland Security appropriations bill prepared and able FEMA, and so much Cable News Network, Inc., the E.W. to the floor. It reflects the hard work more. Scripps Company, Gannett Co., Inc., of Chairman PRICE over the past year, Madam Speaker, I reserve the bal- the Hearst Corporation, Military Re- and I am grateful that I have the op- ance of my time. porters and Editors, the National Press portunity to comment on the commit- Mr. HASTINGS of Florida. Madam Club, NBC Universal, Inc., The New tee’s efforts here today. Speaker, I am very pleased and privi- York Times Company, the Newspaper I want to reiterate the gratitude that leged at this time to yield 5 minutes to Association of America, the Newspaper I first expressed towards Chairman the distinguished gentlewoman from Guild—CWA, the Radio-Television PRICE and his staff during our colloquy New York, the distinguished Chair of News Directors Association, the Soci- earlier this year with Congresswoman the Committee on Rules and my good ety of Professional Journalists, The ROYBAL-ALLARD regarding alternatives friend, Ms. LOUISE SLAUGHTER. Washington Post, and me. to detention. Ms. SLAUGHTER. I thank my col- Never mind that the photos in ques- This bill is about security and sta- league for yielding. tion likely have very little value given bility. One of the issues that we raised Madam Speaker, there are few things that a similar set of photos showing the profile of is alternatives to deten- that say more about our country and the abuse were released under the Bush tion, a less costly way of detaining our trust in the public’s right to know administration. Despite some com- noncriminal immigrants. than the Freedom of Information Act. plaints that releasing photos would There really is a human rights crisis It is one of the most powerful state- place service men and women in dan- right in our own midst in this Nation. ments of openness and transparency ger, the fact is there was absolutely no We are holding over 30,000 noncriminal that we have. It affords ordinary people increase in violence or attacks after aliens, people like you and me. They the ability to peer behind the curtains the previous detainee photos were re- lack documentation, but they have of power and see inside the many bu- leased. I assume that if we were to re- committed no criminal crime. They reaucracies that define the Federal, lease the new photos, the result would might have been speeding, been picked State and local governments in this be the same. Americans were simply up from a speeding ticket; they could country. It is a symbol for all, that de- able to find out what was being done in have been in the wrong place loitering spite anything else that our govern- their name. at the wrong time. ment does in the name of the people, Many observers argue that releasing And you and I and every other tax- there should be no secrets. the photos was actually a clear break payer are putting them up to the tune Over the years, FOIA laws have been from the abuses of the past and a sig- of $130 a day, average cost $30,000. used for a wide range of purposes. FOIA nal to our allies and to everyone else Many of them remain in detention for helped us to discover the ugly truth that the days of this type of detainee 6 months, 9 months. I had the oppor- about the use of Agent Orange in Viet- mistreatment were over and that the tunity to visit a detention facility in nam, Laos, and Cambodia during the United States is willing to come to Aurora, Colorado. I talked to people 1960s. And FOIA was also used to un- terms with past practices. Indeed, we who had been there a year and a half, cover data showing that Ford Pintos have said so. a year and a half away from their fami- were built with serious dual system de- In June, I and other House leaders lies, a year and a half at taxpayer ex- fects that made them more prone to prevailed and the FOIA exemption was pense. fire and explosions. dropped from the legislation. However, I would like to applaud the Obama In some ways, FOIA is simply a re- the conferees, apparently under direct administration for supporting alter- minder to the public that there is an orders, quietly put it back into the bill natives to detention. Our bill funds al- avenue to pursue if they believe the this month. It’s hard for me to express ternatives to detention at $70 million, government is keeping a secret. At the how disappointed I am with that deci- lowers cost using ankle bracelets, more heart of FOIA is the concept that the sion. I am sorry because I believed that humane, allowing people to remain people’s right to know is more impor- we had turned a page from the cloud of with their families, $30 a day average tant than the government’s desire to suspicion and secrecy that marked the cost. This provides a glimpse of what keep things secret. previous administration. It runs so we can accomplish if we work together. The FOIA laws in this country have counter to our principles and stated de- It also underlines the critical impor- enabled reporters and citizens from all sire to reject abuses of the past. tance of passing comprehensive immi- spectrums access to information that The FOIA laws in this country form a gration reform. If we can pass com- otherwise might never see the light of pillar of our First Amendment prin- prehensive immigration reform, I know day. Signed into law by President ciples. It is unfortunate, given that that in future versions of the Home- Johnson in 1966, the FOIA laws allow this administration promised that land Security bill we can save money for the full or partial disclosure of in- openness and transparency would be and have a more humane bill and focus formation and documents with only a the norm. We should never do anything the bill on Homeland Security where it narrow list of important exemptions. to circumvent FOIA, and I believe our should be focused, which is keeping our And so it was with some dismay when country would gain more by coming to Nation safe, not as a back door to deal- I learned recently that the House and terms with the past than we would by ing with the failures of our broken im- Senate conferees on the Homeland Se- covering it up. migration system. curity appropriations bill had slipped I hope the President will follow judi- Thank you, Chairman PRICE, for your lead- in a provision that gives the govern- cial rulings and consider voluntarily ership in bringing the FY 2010 Homeland Se- ment the option of making old photos releasing these photos so we can put curity Appropriations bill to the floor. It reflects of detainee abuse exempt from the this chapter in history behind us. your hard work over the past year and I am FOIA laws. Mr. HASTINGS of Florida. Madam grateful that I had the opportunity to support This case has already followed a Speaker, I especially appreciate the re- the committee’s efforts to get here today. I lengthy path beginning with a lawsuit marks of the distinguished woman, the want to reiterate the gratitude that I first ex- filed by the ACLU against the Pen- Rules Chair, Ms. SLAUGHTER, and echo pressed towards you and your staff during our tagon. Last spring, when it appeared her sentiments. colloquy with Congresswoman ROYBAL-ALLARD that the lawsuit might go against the I am now pleased to yield 3 minutes on detention alternatives earlier this year. government, the administration re- to my colleague from the Rules Com- This bill is about security and stability. It fur- sponded by asking some Members of mittee, a good friend, JARED POLIS of thers the need to secure our borders by guar- the House and Senate to insert lan- Colorado. anteeing the stability of our immigration serv- guage into the legislation to make sure Mr. POLIS. I would like to thank my ices’ contributions. It provides the funding nec- that the photos stay secret. colleague from Florida for the time, as essary to continue America’s leadership in

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0688 Sfmt 9920 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24969 providing a safe home for both Americans and The legislation before us codifies the we can amend this rule and allow the all future Americans. President’s decision to allow the Sec- House to consider that legislation— Thus, $122 million above 2009 levels is pro- retary of Defense to bar the release of House Resolution 554, a bipartisan bill vided to U.S. Citizenship and Immigration detainee photos. I commend the Presi- by my colleagues and friends, Rep- Services for its important work. Examples of dent because, obviously, his leadership resentatives BAIRD and CULBERSON. such important work that will be carried on and support on that aspect has been de- I know that Members are concerned thanks to this bill are many: $50 million goes cisive in the inclusion of that provision that this motion may jeopardize the to process refugee applications and asylum in this legislation. Department of Homeland Security’s claims so that our Nation may continue to So our system is unique. This con- Appropriations conference report, but I admit those in greatest need; $11 million ex- stant manifestation of our two great would like to make clear that the mo- pands immigrant integration and outreach to coalitions is fascinating to me as a stu- tion I am making provides for the sepa- help with pressing need once these immi- dent of comparative politics. It is an- rate consideration of the Baird-Culber- grants are lawfully admitted; and $5 million en- other reason I am so proud of this son bill within 3 days so that we can sures the naturalization of immigrants serving body—the great sovereign Congress of pass the conference report today fund- in our armed services. the United States which represents the ing the Department of Homeland Secu- Funding for detention beds as well as lan- most sovereign and the freest people in rity. Then, once we are done, we would guage requiring their maintenance ensures the world, the American people. consider House Resolution 554. that immigrants will be humanely accommo- Madam Speaker, over the last few Having said that, I yield back the dated while their cases are adjudicated. And months, the American people have balance of my time. more importantly, $70 million goes to Alter- written and called their Members of Mr. HASTINGS of Florida. I yield Congress or they’ve made their opin- natives to Detention—to expand this program myself such time as I may consume. ions known at meetings throughout nationwide. This steers us in the right direc- Madam Speaker, the men and women the Nation. They’ve asked their Mem- tion—a direction of commonsense, cost-sav- of the numerous agencies under the bers of Congress whether they will ing, and humane measures. It provides a Homeland Security umbrella are dedi- pledge to read bills before they vote on glimpse into what we can accomplish if we cated and hardworking public servants them. The reason is, I think, that peo- continue to work together toward comprehen- who deserve the full support of this ple were outraged after finding out sive immigration reform. body. We have a responsibility to pro- that the majority leadership forced This bill only asks our immigrants one vide them with the funds necessary to Congress to vote on a number of sweep- thing—to embrace our cherished tradition of ing and expensive bills without giving perform activities essential to pro- the rule of law in the pursuit of freedom. As a Members time to understand or to real- tecting our country—preparing for result, this bill provides 3-year authorization ly even read the bills. emergencies, mitigating natural disas- extensions for all the immigrants that make I remember a very glaring example of ters and defending against acts of ter- ours a greater nation. From religious workers that when we on the Rules Committee rorism and violence. who strengthen our social fabric, to investors were faced with an entire new bill on I commend our colleagues on both who create much-needed jobs while increas- this legislation that was known as cap- sides of the aisle on the Appropriations ing overall credit availability, to rural-serving and-trade, which in effect became a Committee with reference to dis- doctors, to refugees, all are covered in the FY manager’s amendment to the legisla- charging their functions. I especially 2010 Homeland Security bill. tion at 3 o’clock in the morning, and a commend Subcommittee Chair PRICE While many provisions in this bill greatly im- few hours after that, we were here vot- and the work that he and his com- prove our detention policies, there is still much ing on it. We were forced to vote on the mittee have done. As well, I commend to be done and I look forward to a concrete final so-called ‘‘stimulus’’ bill, on the the distinguished chairman of the plan for the closing of our Guantanamo Bay omnibus appropriations bill and, as I Homeland Security Committee, BENNIE facilities. mentioned, on that cap-and-trade bill THOMPSON from Mississippi, and the ex- I once again thank Chairman PRICE and I with less than 24 hours to read them— traordinary Members who serve with look forward to working with you and your staff in some instances, as I mentioned be- him in that capacity. in the future. fore with regard to cap-and-trade, As I’ve discussed before, Madam Mr. LINCOLN DIAZ-BALART of much, much less than 24 hours. Many Speaker, I hope this body will move be- Florida. Madam Speaker, I very much people believe that that is no way to yond the debate of whether or not to appreciate the contributions during run the House, and many constituents close Guantanamo and, instead, will this debate, enlightening our col- are rightly upset. work to develop comprehensive detain- leagues with regard to the merits of A recent survey found that over 80 ment policies that uphold Federal law the legislation that we are bringing to percent of Americans believe that leg- and the United States Constitution, the floor today. islation should be posted online and in that uphold human rights and inter- You know, one of the, I think, most final form and should be available for national law. interesting aspects of the American everyone to read before Congress votes I urge a ‘‘yes’’ vote on the previous representative democracy is that we on legislation. You would think, question and on the rule. differ from other representative democ- Madam Speaker, that this would really The material previously referred to racies probably because our two parties not be an issue as the distinguished by Mr. LINCOLN DIAZ-BALART of Florida are, in effect, great coalitions. We have Speaker is on record as saying, ‘‘Mem- is as follows: a two-party system by virtue of that; bers should have at least 24 hours to AMENDMENT TO H. RES. 829 OFFERED BY MR. both parties represent different coali- examine bills and conference reports DIAZ-BALART tions of thought on numerous issues. before floor consideration.’’ It’s even At the end of the resolution, insert the fol- b 1100 on her Web site. Yet, often, the major- lowing new section: ity leadership have refused to live up SEC. 2. On the third legislative day after So it’s interesting that today, for ex- to their pledge. the adoption of this resolution, immediately ample, while my friend and the distin- That is why a bipartisan group of 182 after the third daily order of business under guished chairwoman of the Rules Com- Members of this House has signed a dis- clause 1 of rule XIV and without interven- mittee expressed an opinion contrary charge petition to consider a bill that tion of any point of order, the House shall to the position maintained by the would require that all legislation and proceed to the consideration of the resolu- President of the United States on an conference reports be made available tion (H. Res. 554) amending the Rules of the important issue—and I think it’s ap- House of Representatives to require that leg- to Members of Congress and to the gen- islation and conference reports be available propriate to do so—I commend the eral public for 72 hours before they are on the Internet for 72 hours before consider- President of the United States for his brought to the House floor for a vote. ation by the House, and for other purposes. position with regard to the release of So, today, I will be asking for a ‘‘no’’ The resolution shall be considered as read. detainee photos. vote on the previous question so that The previous question shall be considered as

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24970 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 ordered on the resolution and any amend- ‘‘Amending Special Rules’’ states: ‘‘a refusal Kilpatrick (MI) Murphy (CT) Scott (VA) ment thereto to final adoption without in- to order the previous question on such a rule Kilroy Murphy (NY) Serrano tervening motion or demand for division of [a special rule reported from the Committee Kind Murphy, Patrick Sestak the question except: (1) one hour of debate on Rules] opens the resolution to amend- Kirkpatrick (AZ) Murtha Shea-Porter Kissell Nadler (NY) equally divided and controlled by the chair ment and further debate.’’ (Chapter 21, sec- Sherman Klein (FL) Napolitano Shuler and ranking minority member of the Com- tion 21.2) Section 21.3 continues: Upon rejec- Kosmas Neal (MA) Sires mittee on Rules; (2) an amendment, if offered tion of the motion for the previous question Kucinich Oberstar Skelton by the Minority Leader or his designee and if on a resolution reported from the Committee Langevin Obey Slaughter printed in that portion of the Congressional on Rules, control shifts to the Member lead- Larsen (WA) Olver Smith (WA) Larson (CT) Record designated for that purpose in clause ing the opposition to the previous question, Ortiz Snyder Lee (CA) Pallone 8 of rule XVIII at least one legislative day who may offer a proper amendment or mo- Space Levin Pascrell prior to its consideration, which shall be in tion and who controls the time for debate Speier Lewis (GA) Pastor (AZ) Spratt order without intervention of any point of thereon.’’ Lipinski Payne order or demand for division of the question, Clearly, the vote on the previous question Loebsack Perlmutter Stupak shall be considered as read and shall be sepa- on a rule does have substantive policy impli- Lofgren, Zoe Perriello Sutton rately debatable for twenty minutes equally cations. It is one of the only available tools Lowey Peters Tanner divided and controlled by the proponent and for those who oppose the Democratic major- Luja´ n Peterson Taylor an opponent; and (3) one motion to recommit Lynch Pingree (ME) Teague ity’s agenda and allows those with alter- Thompson (CA) which shall not contain instructions. Clause native views the opportunity to offer an al- Maffei Polis (CO) Maloney Pomeroy Thompson (MS) 1(c) of rule XIX shall not apply to the consid- ternative plan. Markey (CO) Price (NC) Tierney eration of House Resolution 554. Mr. HASTINGS of Florida. I yield Markey (MA) Quigley Titus back the balance of my time, and I Marshall Rahall Tonko (The information contained herein was Massa Rangel Towns provided by Democratic Minority on mul- move the previous question on the res- Matheson Reyes Tsongas tiple occasions throughout the 109th Con- olution. Matsui Richardson Van Hollen gress.) The SPEAKER pro tempore. The McCarthy (NY) Rodriguez Vela´ zquez McDermott Ross Visclosky THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous McGovern Rothman (NJ) IT REALLY MEANS Walz question on the resolution. McIntyre Roybal-Allard Wasserman This vote, the vote on whether to order the The question was taken; and the McMahon Ruppersberger Schultz previous question on a special rule, is not McMorris Rush Waters Speaker pro tempore announced that Rodgers Salazar merely a procedural vote. A vote against or- Watson the ayes appeared to have it. McNerney Sa´ nchez, Linda dering the previous question is a vote Watt Mr. LINCOLN DIAZ-BALART of Meek (FL) T. against the Democratic majority agenda and Meeks (NY) Sanchez, Loretta Waxman a vote to allow the opposition, at least for Florida. Madam Speaker, on that I de- Michaud Sarbanes Weiner the moment, to offer an alternative plan. It mand the yeas and nays. Miller (NC) Schakowsky Welch is a vote about what the House should be de- The yeas and nays were ordered. Miller, George Schauer Wexler bating. Mitchell Schiff Wilson (OH) The SPEAKER pro tempore. Pursu- Moore (KS) Schrader Woolsey Mr. Clarence Cannon’s Precedents of the ant to clause 8 and clause 9 of rule XX, House of Representatives, (VI, 308–311) de- Moore (WI) Schwartz Wu scribes the vote on the previous question on this 15-minute vote on ordering the Moran (VA) Scott (GA) Yarmuth previous question will be followed by 5- the rule as ‘‘a motion to direct or control the NAYS—173 consideration of the subject before the House minute votes on adoption of House Res- being made by the Member in charge.’’ To olution 829, if ordered; and adoption of Aderholt Diaz-Balart, L. Lee (NY) defeat the previous question is to give the Akin Diaz-Balart, M. Lewis (CA) House Resolution 800, if ordered. Alexander Dreier Linder opposition a chance to decide the subject be- The vote was taken by electronic de- Austria Duncan LoBiondo fore the House. Cannon cites the Speaker’s vice, and there were—yeas 243, nays Bachmann Ehlers Lucas ruling of January 13, 1920, to the effect that Bachus Fallin Luetkemeyer ‘‘the refusal of the House to sustain the de- 173, not voting 16, as follows: Baird Flake Lummis mand for the previous question passes the [Roll No. 780] Barrett (SC) Fleming Lungren, Daniel Bartlett Forbes E. control of the resolution to the opposition’’ YEAS—243 in order to offer an amendment. On March Barton (TX) Fortenberry Mack Abercrombie Clyburn Fudge Biggert Foxx Manzullo 15, 1909, a member of the majority party of- Ackerman Cohen Giffords Bilbray Franks (AZ) Marchant fered a rule resolution. The House defeated Adler (NJ) Connolly (VA) Gonzalez Bilirakis Frelinghuysen McCarthy (CA) the previous question and a member of the Altmire Conyers Gordon (TN) Bishop (UT) Gallegly McCaul opposition rose to a parliamentary inquiry, Andrews Cooper Grayson Blackburn Garrett (NJ) McClintock asking who was entitled to recognition. Arcuri Costa Green, Al Blunt Gerlach McCotter Speaker Joseph G. Cannon (R–Illinois) said: Baca Costello Green, Gene Boehner Gingrey (GA) McHenry ‘‘The previous question having been refused, Baldwin Courtney Grijalva Bonner Gohmert McKeon Barrow Crowley Gutierrez Bono Mack Goodlatte Mica the gentleman from New York, Mr. Fitz- Bean Cuellar Hall (NY) Boozman Granger Miller (FL) gerald, who had asked the gentleman to Becerra Cummings Halvorson Boustany Graves Miller (MI) yield to him for an amendment, is entitled to Berkley Dahlkemper Hare Brady (TX) Griffith Miller, Gary the first recognition.’’ Berman Davis (AL) Harman Broun (GA) Guthrie Minnick Because the vote today may look bad for Berry Davis (CA) Hastings (FL) Brown (SC) Harper Moran (KS) the Democratic majority they will say ‘‘the Bishop (GA) Davis (IL) Heinrich Brown-Waite, Hastings (WA) Murphy, Tim vote on the previous question is simply a Bishop (NY) Davis (TN) Herseth Sandlin Ginny Heller Myrick vote on whether to proceed to an immediate Blumenauer DeFazio Higgins Buchanan Hensarling Neugebauer Boccieri DeGette Hill Burgess Herger Nunes vote on adopting the resolution . . . [and] Boren Delahunt Himes Burton (IN) Hoekstra Nye has no substantive legislative or policy im- Boswell DeLauro Hinchey Buyer Hunter Olson plications whatsoever.’’ But that is not what Boucher Dicks Hinojosa Calvert Inglis Paul they have always said. Listen to the defini- Brady (PA) Dingell Hirono Camp Issa Paulsen tion of the previous question used in the Braley (IA) Doggett Hodes Campbell Jenkins Pence Floor Procedures Manual published by the Bright Donnelly (IN) Holden Cantor Johnson (IL) Petri Rules Committee in the 109th Congress, Brown, Corrine Doyle Holt Capito Johnson, Sam Pitts Butterfield Driehaus Hoyer Carter Jones Poe (TX) (page 56). Here’s how the Rules Committee Capps Edwards (MD) Inslee Cassidy Jordan (OH) Posey described the rule using information from Capuano Edwards (TX) Israel Castle King (IA) Price (GA) Congressional Quarterly’s ‘‘American Con- Cardoza Ellison Jackson (IL) Chaffetz King (NY) Putnam gressional Dictionary’’: ‘‘If the previous Carnahan Ellsworth Jackson-Lee Coble Kingston Rehberg question is defeated, control of debate shifts Carson (IN) Engel (TX) Coffman (CO) Kirk Reichert to the leading opposition member (usually Castor (FL) Eshoo Johnson (GA) Cole Kline (MN) Roe (TN) the minority Floor Manager) who then man- Chandler Etheridge Johnson, E. B. Conaway Kratovil Rogers (KY) Childers Farr Kagen Crenshaw Lamborn Rogers (MI) ages an hour of debate and may offer a ger- Chu Fattah Kanjorski Culberson Lance Rohrabacher mane amendment to the pending business.’’ Clarke Filner Kaptur Davis (KY) Latham Rooney Deschler’s Procedure in the U.S. House of Clay Foster Kennedy Deal (GA) LaTourette Ros-Lehtinen Representatives, the subchapter titled Cleaver Frank (MA) Kildee Dent Latta Roskam

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24971 Royce Smith (TX) Walden [Roll No. 781] Buchanan Hunter Pence Ryan (WI) Souder Wamp Burgess Inglis Petri Schmidt Stearns Westmoreland YEAS—239 Burton (IN) Issa Pitts Sensenbrenner Sullivan Whitfield Ackerman Griffith Neal (MA) Buyer Jenkins Poe (TX) Sessions Terry Wilson (SC) Adler (NJ) Grijalva Oberstar Calvert Johnson (IL) Posey Shadegg Thompson (PA) Wittman Altmire Gutierrez Obey Camp Johnson, Sam Price (GA) Shimkus Thornberry Wolf Andrews Hall (NY) Olver Campbell Jones Putnam Shuster Tiahrt Young (AK) Arcuri Halvorson Ortiz Cantor Jordan (OH) Rehberg Simpson Tiberi Young (FL) Baca Hare Pallone Capito King (IA) Reichert Smith (NE) Turner Baldwin Harman Pascrell Carter King (NY) Roe (TN) Smith (NJ) Upton Barrow Hastings (FL) Pastor (AZ) Cassidy Kingston Rogers (AL) NOT VOTING—16 Bean Heinrich Payne Castle Kirk Rogers (KY) Becerra Herseth Sandlin Perlmutter Chaffetz Kline (MN) Rogers (MI) Boyd McCollum Ryan (OH) Berkley Higgins Perriello Coble Kratovil Rohrabacher Cao Melancon Scalise Berman Hill Peters Coffman (CO) Lamborn Rooney Carney Mollohan Schock Berry Himes Peterson Cole Lance Ros-Lehtinen Emerson Platts Stark Bishop (GA) Hinchey Conaway Latham Pingree (ME) Roskam Hall (TX) Radanovich Bishop (NY) Hinojosa Crenshaw LaTourette Polis (CO) Royce Honda Rogers (AL) Blumenauer Hodes Culberson Latta Pomeroy Ryan (WI) Boccieri Holden Davis (KY) Lee (NY) Price (NC) Schmidt Boren Holt Quigley Deal (GA) Lewis (CA) b 1133 Schock Boswell Honda Rahall Dent Linder Sensenbrenner Boucher Hoyer Reyes Diaz-Balart, L. LoBiondo Messrs. JOHNSON of Illinois, CON- Sessions Brady (PA) Inslee Richardson Diaz-Balart, M. Lucas Shadegg AWAY, and Ms. GRANGER changed Braley (IA) Israel Rodriguez Dreier Luetkemeyer Shimkus their vote from ‘‘yea’’ to ‘‘nay.’’ Brown, Corrine Jackson (IL) Ross Duncan Lummis So the previous question was ordered. Butterfield Jackson-Lee Rothman (NJ) Ehlers Lungren, Daniel Shuster Capps (TX) Roybal-Allard Fallin E. Simpson The result of the vote was announced Capuano Johnson (GA) Ruppersberger Flake Mack Smith (NE) as above recorded. Cardoza Johnson, E. B. Rush Fleming Manzullo Smith (NJ) Carnahan Kagen Ryan (OH) Forbes Marchant Smith (TX) (By unanimous consent, Mr. HOYER Carson (IN) Kanjorski Salazar Fortenberry McCarthy (CA) Souder was allowed to speak out of order.) Castor (FL) Kaptur Sa´ nchez, Linda Foxx McCaul Stearns Chandler Kennedy LEGISLATIVE PROGRAM T. Franks (AZ) McClintock Sullivan Childers Kildee Sanchez, Loretta Frelinghuysen McCotter Terry Mr. HOYER. Ladies and gentlemen, Chu Kilpatrick (MI) Sarbanes Gallegly McHenry Thompson (PA) Clarke Kilroy we had hoped to do an additional ap- Schakowsky McKeon Thornberry Clay Kind Garrett (NJ) Schauer Tiahrt propriation bill, but the subcommittee Cleaver Kirkpatrick (AZ) Gerlach Mica Schiff Tiberi has not yet reached agreement. As a Clyburn Kissell Gingrey (GA) Miller (FL) Schrader Turner Cohen Klein (FL) Gohmert Miller (MI) result, I wanted to let Members know Schwartz Upton Connolly (VA) Kosmas Goodlatte Miller, Gary that when we finish the business that Scott (GA) Walden Conyers Kucinich Granger Moran (KS) Scott (VA) is scheduled for today, which includes Cooper Langevin Graves Murphy, Tim Wamp Serrano the water bill that we will be consid- Costa Larsen (WA) Guthrie Myrick Westmoreland Sestak Whitfield ering later today after the Homeland Costello Larson (CT) Harper Neugebauer Courtney Lee (CA) Shea-Porter Hastings (WA) Nunes Wilson (SC) Security bill, we will then not plan to Crowley Levin Sherman Heller Nye Wittman be here on Friday. I know that dis- Cuellar Lewis (GA) Shuler Hensarling Olson Wolf appoints all of you. Cummings Lipinski Sires Herger Paul Young (AK) Dahlkemper Loebsack Skelton Hoekstra Paulsen Young (FL) It does disappoint me because I’m Davis (AL) Lofgren, Zoe Slaughter very focused, and we are working very Davis (CA) Lowey Smith (WA) NOT VOTING—19 Davis (IL) Luja´ n Snyder hard with the Senate to try to get the Abercrombie McCollum Radanovich Davis (TN) Lynch Space appropriations bills done individually. Boyd McMorris DeFazio Maffei Speier Rangel Cao Rodgers I’m not a fan of omnibuses. I don’t DeGette Maloney Spratt Scalise Carney Melancon think anybody here is either. But as a Delahunt Markey (CO) Stupak Stark Emerson Mollohan DeLauro Markey (MA) Sutton Towns result of being unable to move the In- Hall (TX) Murphy (NY) Dicks Marshall Tanner Weiner Hirono Platts terior appropriation bill, my view was Dingell Massa Taylor that originally we had scheduled the Doggett Matheson Teague water bill for tomorrow, but it is our Donnelly (IN) Matsui Thompson (CA) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Thompson (MS) belief that we can consider both of Doyle McCarthy (NY) Driehaus McDermott Tierney The SPEAKER pro tempore (during them today which would then not re- Edwards (MD) McGovern Titus the vote). There are 2 minutes remain- quire Members to be here on Friday. Edwards (TX) McIntyre Tonko ing on this vote. You can lodge your complaints to me Ellison McMahon Tsongas Ellsworth McNerney Van Hollen later. ´ Engel Meek (FL) Velazquez b 1141 Visclosky ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Eshoo Meeks (NY) Etheridge Michaud Walz So the resolution was agreed to. The SPEAKER pro tempore. Without Farr Miller (NC) Wasserman objection, 5-minute voting will con- Fattah Miller, George Schultz The result of the vote was announced tinue. Filner Minnick Waters Foster Mitchell Watson as above recorded. There was no objection. Frank (MA) Moore (KS) Watt A motion to reconsider was laid on The SPEAKER pro tempore. The Fudge Moore (WI) Waxman Giffords Moran (VA) Welch the table. question is on the resolution. Gonzalez Murphy (CT) Wexler The question was taken; and the Gordon (TN) Murphy, Patrick Wilson (OH) Stated for: Speaker pro tempore announced that Grayson Murtha Woolsey Ms. HIRONO. Madam Speaker, on rollcall Green, Al Nadler (NY) Wu the ayes appeared to have it. Green, Gene Napolitano Yarmuth No. 781, had I been present, I would have Mr. LINCOLN DIAZ-BALART of voted ‘‘yea.’’ Florida. Madam Speaker, on that I de- NAYS—174 Mr. MURPHY of New York. Madam Speak- mand the yeas and nays. Aderholt Barton (TX) Bono Mack er, on rollcall No. 781, had I been present, I The yeas and nays were ordered. Akin Biggert Boozman Alexander Bilbray Boustany would have voted ‘‘nay.’’ The SPEAKER pro tempore. This is a Austria Bilirakis Brady (TX) 5-minute vote. Bachmann Bishop (UT) Bright Mrs. MCMORRIS RODGERS, Madam The vote was taken by electronic de- Bachus Blackburn Broun (GA) Speaker, on rollcall No. 781, I was unavoid- Baird Blunt Brown (SC) vice, and there were—yeas 239, nays Barrett (SC) Boehner Brown-Waite, ably detained. Had I been present, I would 174, not voting 19, as follows: Bartlett Bonner Ginny have voted ‘‘nay.’’

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0688 Sfmt 9920 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24972 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 EXPRESSING SYMPATHY FOR THE Hensarling McCaul Ryan (OH) ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE CITIZENS OF THE PHILIPPINES Herger McClintock Ryan (WI) The SPEAKER pro tempore (Ms. Herseth Sandlin McCotter Salazar DEALING WITH TROPICAL STORM Higgins McDermott Sa´ nchez, Linda DEGETTE) (during the vote). There are KETSANA AND TYPHOON PARMA Hill McGovern T. 2 minutes remaining in this vote. Himes McHenry Sanchez, Loretta The SPEAKER pro tempore. The un- Hinchey McIntyre Sarbanes b 1149 finished business is the question on Hinojosa McKeon Schakowsky So (two-thirds being in the affirma- suspending the rules and agreeing to Hirono McMahon Schauer tive) the rules were suspended and the the resolution, H. Res. 800, as amended. Hodes McMorris Schiff Hoekstra Rodgers Schmidt resolution, as amended, was agreed to. The Clerk read the title of the resolu- Holden McNerney Schock The result of the vote was announced tion. Holt Meek (FL) Schrader as above recorded. The SPEAKER pro tempore. The Honda Meeks (NY) Schwartz A motion to reconsider was laid on Hoyer Mica Scott (GA) the table. question is on the motion offered by Hunter Michaud Scott (VA) the gentleman from American Samoa Inglis Miller (FL) Sensenbrenner f Inslee Miller (MI) (Mr. FALEOMAVAEGA) that the House Sessions RESIGNATION AS MEMBER OF suspend the rules and agree to the reso- Israel Miller (NC) Sestak Issa Miller, Gary Shadegg COMMITTEE ON THE JUDICIARY lution, H. Res. 800, as amended. Jackson (IL) Miller, George Shea-Porter The SPEAKER pro tempore laid be- The question was taken. Jackson-Lee Minnick Sherman fore the House the following resigna- The SPEAKER pro tempore. In the (TX) Mitchell Shimkus Jenkins Moore (KS) tion as a member of the Committee on opinion of the Chair, two-thirds being Shuler Johnson (GA) Moore (WI) Shuster the Judiciary: in the affirmative, the ayes have it. Johnson (IL) Moran (KS) Simpson Johnson, E. B. Moran (VA) OCTOBER 14, 2009. RECORDED VOTE Sires Johnson, Sam Murphy (CT) Skelton HON. NANCY PELOSI, Jones Murphy (NY) Mr. CONNOLLY of Virginia. Madam Slaughter Speaker, House of Representatives, The Capitol, Jordan (OH) Murphy, Patrick Speaker, I demand a recorded vote. Smith (NE) Washington, DC. Kagen Murphy, Tim Smith (NJ) DEAR MADAM SPEAKER: I am writing to no- A recorded vote was ordered. Kanjorski Murtha Smith (TX) tify you of my resignation from the Judici- The SPEAKER pro tempore. This Kaptur Myrick Smith (WA) ary Committee, effective October 14, 2009. It will be a 5-minute vote. Kennedy Nadler (NY) Kildee Napolitano Snyder was an honor to serve you and Chairman The vote was taken by electronic de- Kilpatrick (MI) Neal (MA) Souder Conyers as a member of this prestigious vice, and there were—ayes 415, noes 0, Kilroy Neugebauer Space committee. not voting 17, as follows: Kind Nunes Speier I look forward to continuing to serve on King (IA) Nye Spratt the Foreign Affairs and Financial Services [Roll No. 782] King (NY) Oberstar Stearns Stupak Committees in the 111th Congress. AYES—415 Kingston Obey Sincerely, Kirk Olson Sullivan Abercrombie Calvert Doggett Kirkpatrick (AZ) Olver Sutton BRAD SHERMAN, Ackerman Camp Donnelly (IN) Kissell Ortiz Tanner Member of Congress. Aderholt Campbell Doyle Klein (FL) Pallone Taylor The SPEAKER pro tempore. Without Adler (NJ) Cantor Dreier Kline (MN) Pascrell Teague Akin Capito Driehaus Kosmas Pastor (AZ) Terry objection, the resignation is accepted. Alexander Capps Duncan Kratovil Paul Thompson (CA) There was no objection. Altmire Capuano Edwards (MD) Kucinich Paulsen Thompson (MS) f Andrews Cardoza Edwards (TX) Lamborn Payne Thompson (PA) Arcuri Carnahan Ehlers Lance Pence Thornberry ELECTING MEMBER TO CERTAIN Austria Carson (IN) Ellison Langevin Perlmutter Tiahrt Baca Carter Ellsworth STANDING COMMITTEES OF THE Larsen (WA) Perriello Tiberi Bachmann Cassidy Engel HOUSE OF REPRESENTATIVES Larson (CT) Peters Tierney Bachus Castle Eshoo Latham Peterson Titus Mr. LARSON of Connecticut. Madam Baird Castor (FL) Etheridge LaTourette Petri Tonko Baldwin Chaffetz Fallin Speaker, by direction of the Demo- Latta Pingree (ME) Towns Barrett (SC) Chandler Farr cratic Caucus, I offer a privileged reso- Lee (CA) Pitts Tsongas Barrow Childers Fattah Lee (NY) Poe (TX) lution and ask for its immediate con- Bartlett Chu Filner Turner Levin Polis (CO) Upton sideration. Barton (TX) Clarke Flake Lewis (CA) Pomeroy Bean Clay Fleming Van Hollen The Clerk read the resolution, as fol- Lewis (GA) Posey Vela´ zquez Becerra Cleaver Forbes Linder Price (GA) lows: Berkley Clyburn Fortenberry Visclosky Lipinski Price (NC) Walden H. RES. 834 Berman Coble Foster LoBiondo Putnam Walz Resolved, That the following named Mem- Berry Coffman (CO) Foxx Loebsack Quigley Wamp ber be and is hereby elected to the following Biggert Cohen Frank (MA) Lofgren, Zoe Rahall Wasserman Bilbray Cole Franks (AZ) Lowey Rangel standing committees of the House of Rep- Schultz Bilirakis Conaway Frelinghuysen Lucas Rehberg resentatives: Waters Bishop (GA) Connolly (VA) Fudge Luetkemeyer Reichert (1) COMMITTEE ON THE JUDICIARY.—Ms. Chu Watson Bishop (NY) Conyers Gallegly Luja´ n Reyes (to rank immediately after Mr. Quigley). Bishop (UT) Cooper Garrett (NJ) Lummis Richardson Watt Blackburn Costa Gerlach Waxman (2) COMMITTEE ON OVERSIGHT AND GOVERN- Lungren, Daniel Rodriguez MENT REFORM.—Ms. Chu. Blumenauer Costello Giffords E. Roe (TN) Weiner Blunt Courtney Gingrey (GA) Lynch Rogers (AL) Welch Mr. LARSON of Connecticut (during Boccieri Crenshaw Gohmert Mack Rogers (KY) Westmoreland the reading). Madam Speaker, I ask Bonner Crowley Gonzalez Maffei Rogers (MI) Wexler unanimous consent that the resolution Bono Mack Cuellar Goodlatte Maloney Rohrabacher Whitfield be considered as read and printed in Boozman Culberson Granger Manzullo Rooney Wilson (OH) Boren Cummings Graves Marchant Ros-Lehtinen Wilson (SC) the RECORD. Boswell Dahlkemper Grayson Markey (CO) Roskam Wittman The SPEAKER pro tempore. Is there Boucher Davis (AL) Green, Al Markey (MA) Ross Wolf objection to the request of the gen- Boustany Davis (CA) Green, Gene Massa Rothman (NJ) Woolsey tleman from Connecticut? Brady (PA) Davis (IL) Griffith Matheson Roybal-Allard Wu Brady (TX) Davis (KY) Grijalva Matsui Royce Yarmuth There was no objection. Braley (IA) Davis (TN) Guthrie McCarthy (CA) Ruppersberger Young (AK) The resolution was agreed to. Broun (GA) Deal (GA) Gutierrez McCarthy (NY) Rush Young (FL) A motion to reconsider was laid on Brown (SC) DeFazio Hall (NY) the table. Brown, Corrine DeGette Halvorson NOT VOTING—17 Brown-Waite, Delahunt Hare f Ginny DeLauro Harman Boehner Gordon (TN) Platts Buchanan Dent Harper Boyd Hall (TX) Radanovich REMOVAL OF NAME OF MEMBER Burgess Diaz-Balart, L. Hastings (FL) Bright Marshall Scalise AS COSPONSOR OF H.R. 3612 Burton (IN) Diaz-Balart, M. Hastings (WA) Cao McCollum Serrano Mr. BROUN of Georgia. Madam Butterfield Dicks Heinrich Carney Melancon Stark Buyer Dingell Heller Emerson Mollohan Speaker, I ask unanimous consent to

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remove Congressman SAM JOHNSON of and its willingness to reach out to Con- infrastructure and operations, and Texas as a cosponsor of H.R. 3612. gress to make adjustments and to pro- maintains strong oversight require- The SPEAKER pro tempore. Is there mote change when needed. ments to ensure the Secure Border Ini- objection to the request of the gen- This conference report, carrying the tiative delivers as promised. tleman from Georgia? seventh annual appropriation for the The conference agreement provides a There was no objection. Department since its inception, ad- total of $7.66 billion for the Transpor- f dresses the needs and challenges that tation Security Administration to im- this still-young Department faces. It prove aviation security and efficiency. CONFERENCE REPORT ON H.R. 2892, also represents a considered approach Two areas of note are over $1 billion DEPARTMENT OF HOMELAND SE- to funding critical domestic security available to deploy explosives detec- CURITY APPROPRIATIONS ACT, requirements and other core depart- tion systems at airports throughout 2010 mental missions within a bipartisan the country that have less capable and Mr. PRICE of North Carolina. Madam consensus on fiscal responsibility. slower screening systems, and $122 mil- Speaker, pursuant to House Resolution Madam Speaker, one can make an ar- lion for air cargo security so TSA can 829, I call up the conference report on gument for increasing funding for meet the August 2010 deadline for the bill (H.R. 2892) making appropria- many of the programs contained in this screening 100 percent of cargo in the tions for the Department of Homeland report. When discussing homeland se- hold of passenger planes. Security for the fiscal year ending Sep- curity, worst-case scenarios often This conference agreement continues tember 30, 2010, and for other purposes, abound, as do advocates for fixating on to take steps to increase the Coast and ask for its immediate consider- one threat while downplaying others. Guard’s contribution to national secu- ation. Our obligation, by contrast, is to rity, including protection of our water- The Clerk read the title of the bill. take a balanced, realistic approach, to ways and those who use them and The SPEAKER pro tempore. Pursu- weigh risks carefully, and to set prior- stemming the flow of illegal drugs into ant to House Resolution 829, the con- ities and make prudent investments in this country. Overall, this bill includes ference report is considered read. smart, effective security. I believe this $10.14 billion for the Coast Guard, $170 (For conference report and state- conference agreement supports the De- million more than the administration ment, see proceedings of the House of partment’s efforts to focus on the high- requested. Most of this increase is to October 13, 2009, at page 24619.) est priorities for protecting our coun- purchase materials for a new national The SPEAKER pro tempore. The gen- try and to prevent, prepare for, and re- security cutter and to complete the re- tleman from North Carolina (Mr. spond to legitimate threats, whether furbishment of a heavy icebreaker that PRICE) and the gentleman from Ken- natural or man-made. will help secure America’s interests in tucky (Mr. ROGERS) each will control To conserve time, Madam Speaker, I the Arctic. It also boosts support for 30 minutes. will highlight just a few items in the the existing fleet, making investments The Chair recognizes the gentleman proposed agreement, items I believe above the administration’s request for from North Carolina. are of interest to all Members. backlogged vessel maintenance. The conference agreement includes GENERAL LEAVE First, the conference agreement pro- nearly $400 million for DHS cybersecu- Mr. PRICE of North Carolina. Madam vides the resources to support the read- rity programs, 26 percent above fiscal Speaker, I ask unanimous consent that iness of our State and local partners, year 2009, to ramp up our protections all Members may have 5 legislative our first responders out on the front for governmental computer networks days in which to revise and extend lines. This includes $810 million for and to bring on more professionals their remarks and include tabular and firefighters, $887 million for the Urban with cybersecurity expertise. In addi- extraneous material on the conference Areas Security Initiatives grants and tion, DHS will be able to initiate new report to accompany H.R. 2892. $340 million for emergency managers. efforts to help those responsible for The SPEAKER pro tempore. Is there It also includes over $900 million to critical infrastructure and other pri- objection to the request of the gen- strengthen FEMA’s operational re- vate networks, reducing their vulnera- sponse capabilities and to enhance the tleman from North Carolina? bility to cyberattacks. There was no objection. agency’s emergency management mis- Also, the conference agreement in- Mr. PRICE of North Carolina. Madam sion. cludes $11 million to promote legal Speaker, I yield myself such time as I The conference agreement includes paths to U.S. citizenship by expanding may consume. $1.5 billion for more effective efforts by the successful immigration integration Madam Speaker, I am pleased to U.S. Immigrations and Customs En- program of U.S. Citizenship and Immi- present the conference report for the forcement to identify and remove ille- gration Services. Department of Homeland Security ap- gal aliens who have committed crimes, The conference agreement includes propriations for fiscal year 2010. This a priority we share with the President $1.1 billion for departmental oper- agreement provides $42.78 billion for and Secretary Napolitano. Of this ations, up $90 million or 17 percent the Department, $2.64 billion, or 7 per- total, $200 million furthers develop- above fiscal year 2009, to improve DHS cent, above the fiscal year 2009 level. ment of the Secure Communities Pro- management and make it more cost-ef- I want to thank the distinguished gram, which offers a productive ap- fective, to secure sensitive informa- ranking member, Mr. ROGERS, for his proach for Federal immigration agents tion, and to ensure that contractors advice and counsel and help in making to work closely with State and local are overseen by trained government this a better bill, and also his staff for law enforcement, while maintaining professionals, not by other contractors. working so closely and constructively the distinction between the traditional The agreement provides $221 million with us. I want to highlight the work Federal role of enforcing immigration to continue efforts to safeguard inter- of all staff on both sides of the aisle law and the local role of prosecuting national commerce and to prevent the who have helped us present such a criminal violations. use of cargo containers to carry or de- strong legislative product to the Con- The conference agreement includes liver weapons. This includes an in- gress. $800 million for infrastructure and crease of $12.5 million, or 8 percent, This is a critical year for the Depart- technology to secure the border, with above fiscal 2009 to build on the Secure ment of Homeland Security, as it has an emphasis on developing techno- Freight Initiative and Container Secu- weathered its first leadership transi- logical surveillance and improving tac- rity Initiative, as well as funding to tion with the new administration, in tical communications so our Border sustain programs targeting high-risk the midst of a global economic reces- Patrol can make smart use of its re- cargo and shippers. DHS is also re- sion. I commend the Department’s new sources to police an expansive border. quired to submit a realistic strategy leadership on its strong efforts to en- It includes $40 million to minimize ad- for achieving effective cargo and sup- hance our Nation’s security posture verse environmental impacts of border ply chain security.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24974 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 To ensure that DHS can adequately On the first topic, the conference re- to such transfer the name of the indi- protect public safety in its efforts to port codifies the President’s decision to vidual and the country the individual identify and prepare for biological or allow the Secretary of Defense to bar will be transferred to, an assessment of agricultural threats, the conference the release of detainee photos for a pe- risks posed and actions taken to miti- agreement requires DHS to conduct a riod of 3 years. gate such risks, and the terms of the thorough risk assessment to determine On the second topic, the conference transfer agreement with the other requirements for safe operation of the report establishes strict safeguards on country, including any financial assist- National Bio and Agro Defense Facility the movement of Guantanamo’s detain- ance. scheduled for Manhattan, Kansas. ees, and if the administration chooses It requires the President to submit a b 1200 to address their cases in U.S. courts, this legislation ensures that that will report to Congress describing the dis- It calls for the National Academy of be done with due consideration, plan- position of each current detainee be- Sciences to provide an independent ning, and forethought. fore the facility in Guantanamo Bay evaluation of the Department’s safety, It prohibits current detainees from can be closed. It bars the use of funds planning, and mitigation efforts in con- being released into the United States to provide any immigration benefits to nection with this project. Guantanamo detainees, other than to In addition, the conference report ex- or any U.S. territory. It allows the tends authorizations for the E-Verify transfer of a detainee to custody inside allow them to be brought to the U.S. program and for visas for physicians the United States only for the purpose for prosecution, and it mandates the serving in rural areas, religious work- of prosecuting that individual and only inclusion of all detainees on the TSA ers, and investors, each of these by 3 after Congress receives a plan detailing No Fly List. These are provisions that years. These are all short-term solu- the risks involved and a plan for miti- have been supported on a bipartisan tions until comprehensive immigration gating such risks, the cost of the trans- basis in Appropriations Committee reform can be considered by the au- fer, the legal rationale and court de- markups and on the floor of this House. thorizing committees and by the Con- mands, and a copy of the notification Madam Speaker, the conference re- provided to the governor of the receiv- gress. port before us today represents hard ing State 14 days before a transfer, Finally, I want to discuss two items work in a cooperative and bipartisan that have been raised repeatedly, the with a certification by the Attorney spirit. It invests in critical government release of photographs and videos of in- General that the individual poses little efforts designed to keep the American dividuals detained by U.S. Armed or no security risk. people safe. I strongly support the pro- Forces since 9/11, and restrictions on Our bill also prevents current detain- the administration’s ability to transfer ees from being transferred or released posed agreement, and urge my col- detainees from Guantanamo Bay Naval to another country, including freely as- leagues to do the same. Station to the United States or else- sociated states, unless the President Madam Speaker, I include the fol- where in the world. submits to the Congress 15 days prior lowing for the RECORD:

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VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00018 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD Insert offset folio 452/5 here EH15OC09.005 24980 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 I reserve the balance of my time. quests of this Congress, this sub- Federal Government and the New York Mr. ROGERS of Kentucky. Madam committee, this committee, no plan, Police Department’s discovery of the Speaker, I yield myself such time as I no idea of how to dispose of the detain- plot to bomb the city’s subways last may consume. ees remaining there, and no legal ra- month. The bill provides $4.17 billion to Let me begin by sincerely thanking tionale for the prosecution, sentencing invest in that partnership, including Chairman PRICE for his partnership and incarceration of these terrorists the Urban Area Security Initiative, the during this 2010 appropriations cycle. wherever. only grant program for high-risk cities. Through the transition in administra- Instead, those detainees who pose a The conference report increases fund- tions, the very late submission of the minimal security threat have been ing for it by $50 million. 2010 budget request and the truncated shuttled off to other foreign countries All too often our brave first respond- appropriations process, he has been fair by way of backroom deals, leaving hun- ers have to rely on communications and respectful and has been willing to dreds of suspected terrorists poten- methods that resemble the time of listen to our concerns and accommo- tially bound for American soil because Paul Revere. The conference report date the minority’s interests where no one else in the world will let them provides $50 million for new technology possible. So I want to thank the chair- be brought to their soil. Apparently we through the Interoperable Emergency man for his friendship and his ability have tried, to no avail. Communications Grant, which I fought to work with everyone to write the So I for one see no reason why we very hard with the chairman to create. best possible bill. should afford enemy combatants who To help prevent illicit radiological This subcommittee, Madam Speaker, have been caught on the battlefield material from entering New York, the since its inception in 1993, has a long- battling American soldiers, to allow bill provides $20 million for securing standing tradition of bipartisanship, a them the same constitutional rights as the cities, the same level for equip- tradition that stands in stark contrast, American citizens or the same due ment procurement as in FY 2009, and I I might add parenthetically, to the ex- process even as criminal defendants in look forward to working with the clusionary tactics of the House’s Dem- the civilian courts of the U.S., and I chairman and the subcommittee to en- ocrat leadership that trounced the see no reason why these terrorists sure that the program is fully imple- rights of the minority and stifled de- can’t be brought to justice right where mented. bate during floor consideration of the they are in Cuba before military tribu- In addition to aiding our first re- House bill. nals, as we have in the past there. In sponders, the bill tackles a number of But in spite of some of that partisan fact, we know military tribunals work. pressing issues, including providing $1.5 mischief, I am truly grateful for Chair- We have completed three tribunals and billion to identify and remove dan- man PRICE’s efforts to maintain the convicted and sentenced terrorists gerous criminal aliens, bolstering bor- long-standing comity that has defined right there in Gitmo. der security with more than 20,000 Bor- this Chamber’s appropriation process, It is clear that the majority of Mem- der Patrol agents, and securing our air- as well as Chairman OBEY’s work to bers in this Chamber and in the Senate ports and transit system by providing move this vital spending bill towards agree with this point of view, given the $678 million more than in FY 2009 for completion. clear passage of the motion to instruct the Transportation Security Adminis- So I am thankful that we were able two weeks ago in this body, and the tration. to hammer out an agreement in con- Senate’s near unanimous adoption of a So I thank the chairman and the ference, for the most part. After all, total prohibition of detainee transfers ranking member for their work on this the safety and security of our Nation’s to this country with the passage of bill, and I urge my colleagues’ support. citizens should be the number one pri- their Defense appropriations bill just Mr. ROGERS of Kentucky. Madam ority of the Congress. This urgency is last week. Both bodies have spoken by Speaker, I yield 2 minutes to the very underscored by the recent terrorism huge majorities: Keep these detainees distinguished ranking member of the cases being investigated in Colorado, off sacred American soil. Homeland Security authorization com- New York, Texas, Illinois and North This is a critical issue that I think mittee in the House, the gentleman Carolina, as well as the persistent acts we must get right, so I am disappointed from New York (Mr. KING). of terrorism and violence by radical ex- that the conferees did not follow the Mr. KING of New York. Madam tremists overseas. convincing and bipartisan votes that Speaker, I thank the distinguished What this terrorist activity tells me both Chambers have taken over the ranking member for yielding, and at is that real security demands per- past few weeks and deny these terror- the outset I want to commend Ranking sistent commitment. Eight years after ists access to the United States. Member ROGERS and Chairman PRICE 9/11 and 6 years after the Department Now, having said all that, and in for the outstanding job they have done was created, we must remain vigilant spite of my opposition to the section on this bill. I certainly intend to vote in addressing every threat and every on the Gitmo detainees, I believe the for it. I will vote for it. I must say, vulnerability. I am pleased to see the base of this conference agreement will however, there are three specific prob- conference report is willing to honor go indeed a long way towards the pro- lems, three areas where I do have ques- that commitment by properly tection of our great country. tions. resourcing our homeland security I once again thank Chairman PRICE Number one is on the Secure the Cit- needs. for his consideration of our concerns ies program, which is essential to pro- While I can’t say that I agree with and all of his good work throughout tect New York City from radiation, everything in the conference report, I the year on this very important bill. dirty bomb attacks. This House by an think it represents a fairly reasonable I reserve my time. overwhelming margin approved an compromise on most of our homeland Mr. PRICE of North Carolina. Madam amendment by Congresswoman CLARKE security priorities. However, there is a Speaker, I yield 2 minutes to our val- and me which would have put $40 mil- notable provision that I must respect- ued colleague from New York (Mrs. lion in the bill for that. Instead, in con- fully take issue with that the chairman LOWEY), a member of the sub- ference that was reduced to $20 million. has referred to. committee. This is a shortfall which I believe can Section 552 of this conference report Mrs. LOWEY. Madam Speaker, I rise have damaging impact. permits the terrorists detained at in support of the conference report, and Secondly, on the issue of Guanta- Guantanamo Bay to be brought to the I want to thank our chairman, Chair- namo, I concur in everything that U.S. for purposes of prosecution. Since man PRICE, for his strong leadership on Ranking Member ROGERS has said. To the President announced the decision this bill. me, it is wrong to bring terrorists, to close Guantanamo some 9 months Assistance for our first responders is enemy battlefield combatants, to our ago, we have seen nothing, Madam one of the most effective tools to pro- shores for any purpose, even to stand Speaker, no plan, in spite of the re- tect our homeland, as evidenced by the trial, especially to stand trial, because

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I believe they should be tried in mili- flow of illegal drugs from coming into concern that I have that Mr. ROGERS tary tribunals. this country. It also increases re- has already expressed is that this bill Again, I bring up the issue of New sources for our Customs and Border puts into law a policy that has never, York City, where I am certain a num- Protection by over $10 billion to com- in the history of this country, been fol- ber of these will be brought. Those who bat drugs and weapons smuggling. lowed, and that is that as soon as the were involved in the 9/11 attacks will In closing, Madam Speaker, this bill, President issues a plan to Congress for be brought to the Southern District of the Fiscal Year 2010 Department of the disposition of the prisoners in New York. To me, this is a timebomb Homeland Security Appropriations Guantanamo, 45 days after the Presi- waiting to happen, to have those ter- bill, honors the commitment we made dent submits that plan, this bill explic- rorists in New York City for a pro- to provide our first responders with the itly authorizes the prosecution of tracted period of time before, during best training and equipment available enemy soldiers in U.S. courts. Now, and after their trial. to keep our ports safe and our borders that’s unprecedented. Thirdly, on the issue of the fire- safe and all of our citizens safe from And my good friend Mr. RUPPERS- fighter grants, the President cut them the terror that lurks out there by indi- BERGER, whom I’ve worked with before by 70 percent. I know the committee viduals still seeking to do us harm. on so many good causes, we all in this put money back in, but the level was Mr. ROGERS of Kentucky. Madam House voted to make sure that we still lower than it was last year. This, Speaker, I yield 3 minutes to one of the would not bring enemy soldiers to the I believe, is going to impact negatively hardest working members of this body U.S. for prosecution, giving them all on fire departments throughout our and a valued member of our sub- the constitutional rights as if they country. committee, the gentleman from Texas were captured on the streets of New Having said that, Madam Speaker, (Mr. CULBERSON). York or Los Angeles. We voted not to this is a fine bill. I look forward to sup- Mr. CULBERSON. I want to thank bring these prisoners from Guanta- Chairman PRICE. porting it. I thank the committee for namo to be incarcerated in U.S. jails. The members of our subcommittee the way they approached it in a bipar- The security question is one thing, have a good personal working relation- but the one that really concerns me is tisan way. As Congresswoman LOWEY ship. One of the things I enjoy most the fact that this bill gives explicit au- said, our Nation is under threat. There about this wonderful committee on ap- are threats every day. They have tar- thorization. For the first time in propriations is that there are no real American history, we will, if we pass geted various cities throughout our partisan differences between us. We al- country. This bill goes a long way to- this legislation as it is, be authorizing ways work together for the good of the what we now know is going to be the wards resolving that. country. We have always worked to- policy of this President for U.S. sol- But, again, on the issues of Secure gether without regard to our party diers, for the first time in history, to the Cities, Guantanamo and the fire- label. And this subcommittee, in par- be police officers. Our soldiers in the fighter grants, I do have real issues, ticular, is one that has worked well to- field, in addition to trying to protect real concerns. Having said that, I sup- gether to protect the country from a themselves and their friends, are going port the bill. very severe terrorist threat that we to have—— Mr. PRICE of North Carolina. Madam know we all face since 9/11. The SPEAKER pro tempore. The Speaker, I yield 2 minutes to another I want to thank the chairman and time of the gentleman has expired. fine member of our subcommittee, the our ranking member for the support Mr. ROGERS of Kentucky. I yield the gentleman from New Jersey (Mr. ROTH- that this committee has given to our gentleman another 1 minute. MAN). Border Patrol; for Immigration and Mr. CULBERSON. Never before in Mr. ROTHMAN of New Jersey. I Customs Enforcement funding; for Op- our history have American soldiers had thank the chairman. eration Stone Garden, a very successful to worry about protecting the chain of Madam Speaker, I rise today in sup- program that allows cooperation be- evidence. Never before in history have port of the conference agreement on tween local law enforcement agencies American soldiers had to worry about the 2010 Department of Homeland Secu- on the border and our border patrol. whether or not they were reading the rity appropriations bill. I want to That program has been a great success. Miranda rights to enemy soldiers cap- thank our distinguished chairman, My good friends CIRO RODRIGUEZ and tured on foreign battlefields. Now, this Chairman PRICE, and our distinguished HENRY CUELLAR, we’ve worked together bill makes that explicit. In fact, Chair- ranking member, Mr. ROGERS, for their very successfully in Texas in imple- man OBEY’s fact sheet that he has outstanding leadership on this bill, and menting Stone Garden, as well as a issued on his Web site says this bill my colleagues on the subcommittee for program called Operation Streamline prohibits the transfer of Guantanamo their outstanding work. that the country needs to know is detainees except for legal proceedings. First, I would like to remind my col- working very well. If you cross the Now, anyone standing in a U.S. court leagues that I come from one of the Texas border between Lake Amistad in front of a U.S. judge is given all the most densely populated regions in the and Zapata County, you will be ar- protections of the U.S. Constitution. most densely populated State in the rested, you will be prosecuted, you will Now, that is what concerns me more United States, northern New Jersey. be deported. And as a result, the crime than anything else is that we are ex- This area contains many high-risk ter- rate has dropped by over 70 percent in plicitly changing—this is a monu- rorist targets. So I understand, as do Del Rio. We’ve seen a 60 percent drop in mental change in American policy. We my constituents, how vitally impor- the crime rate in the Laredo sector. cannot and should not burden our sol- tant this funding is to our region’s and The local community, which is 96 per- diers in the field with having to worry our Nation’s security. cent Hispanic, loves this program. about the U.S. constitutional rights of The bill provides, for example, our What mom or dad wouldn’t like their enemy soldiers. first responders with excellent re- streets safer? As a result of simply Do you think Sergeant York read Mi- sources for the training, equipment and using existing law and a little addi- randa warnings or was worried about personnel we need to keep our commu- tional resources and using the good the constitutional rights of the Ger- nities safe. judgment, the good sense and the good mans that he captured during World hearts of uniformed law enforcement War I? Do you think that the brave b 1215 officers on the border, we have secured men who landed on Omaha Beach were It includes $60 million for emergency the border in Texas, and with the help worried about the constitutional rights operations centers, $810 million for of the chairman and the committee of the Nazis at Omaha Beach or Nor- local fire departments, and $950 million members, we’re working to expand that mandy? I mean, this is an extremely to protect high-risk urban areas from up and down the border. important point that we have to raise, terrorist attacks. It provides $300 mil- There are many great, good things and we need to make sure that all the lion for port security grants to stop the about this bill, but one very serious Members of the House are aware of it.

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In fact, during the fidence in our court system and our would suddenly be unable to access subcommittee hearing, during the con- prison system than some of the coun- their accounts, their debit cards or ference committee meeting, my good tries they go back to where they could their money, credit cards. It would friend, the chairman, Mr. PRICE, made escape and come back and do harm to cripple the economy. Think of what an it clear that this is the policy of the our citizens. That’s step one. attack would do to our electrical grid majority that’s going to bring these— The second thing I disagree with my system, our security, our national se- you’ll want to bring these enemy sol- friend about is the issue about Miranda curity. diers to the United States to be pros- rights in theater. Now, those of us who This threat is real. We must shore up ecuted in U.S. courts. have been to Iraq and Afghanistan our defenses. We must ensure that the That means that these enemy sol- know that that is not the case. It start- Federal Government, the private sec- diers will be clothed in the protection ed when a friend of mine—I am on the tor, and our citizens beef up our cyber- of the U.S. Constitution. That means Intelligence Committee—another Mr. security efforts. This funding for cyber- that enemy soldiers, these terrorists, ROGERS came back and said that he got security will be a step in the right di- can lawyer up at U.S. taxpayer ex- information that soldiers were having rection. pense. They’re going to be given Mi- to give Miranda warnings to people, to Mr. ROGERS of Kentucky. I yield randa warnings. U.S. soldiers are going the enemy. That is not the case. We’ve such time as he may consume to the to have to protect the chain of evi- had hearings. I’ve done my own due very distinguished ranking member of dence, just like a police officer on the diligence. That is not what our men the full Appropriations Committee in streets of Los Angeles or New York, and women are required to do. So let’s the House, Mr. LEWIS of California. and make sure that the chain of evi- get the facts straight. Let’s get the Mr. LEWIS of California. Madam dence is protected, that all their rights politics off the table, and let’s talk Speaker, at the end of the bill, Mr. are protected, and that we have to about this Homeland Security bill, how ROGERS of Kentucky will be presenting prove beyond a reasonable doubt that it affects and protects our country, our a motion to recommit that addresses these enemy soldiers committed what- families, and that is very important the issue of detainees at Guantanamo ever it is crime that they’re going to be and relevant. Bay, Cuba. This motion to recommit is prosecuted for. Now, the Coast Guard. The Coast very much designed to implement that Let me remind the Congress that in Guard of the United States of America, which was the motion to instruct that 1942 a number of German terrorists since 1790, has been a critical part of so successfully passed the other day. It landed on the beaches of Long Beach our Nation’s defenses. They handle ev- passed the House by a vote of 258–163, and in Florida. In June of 1942, they erything from water rescues, as an ex- and I presume that the vote will reflect were prosecuted in military tribunals— ample, in the Baltimore harbor, which that pattern when we go to the motion the U.S. Supreme Court ruled that’s I represent, to drug interdictions off to recommit. But first let me thank the proper way to handle enemy sol- our Nation’s coast. Since 9/11, the the gentleman for the time. diers captured on a foreign battle- Coast Guard has been asked to do even Mr. Chairman, in many ways, this field—and they were executed by the more. They have stepped up to the conference report represents both the end of August 1942. plate and kept watch on our Nation’s best and the worst of this Chamber’s It is unacceptable to put this burden waterways to keep our country safe. storied history. On the one hand, this on U.S. soldiers. It’s a monumental and conference report typifies the type of I support the $8.8 billion for the unacceptable change in American pol- work that can result from strong bipar- Coast Guard included in this legisla- icy. We cannot let enemy soldiers law- tisanship. We are most certainly at our tion. This is more than $275 million yer up at taxpayer expense. best when our very capable Members above the 2009 level. I am proud to rep- Mr. PRICE of North Carolina. Madam work together in the professional man- resent the Coast Guard Yard at Curtis Speaker, I yield 3 minutes to another ner that we’ve seen with Chairman Bay in Congress in my district. The valued subcommittee colleague, Mr. PRICE and Ranking Member ROGERS. yard is in my district near the Port of RUPPERSBERGER of Maryland. So I congratulate the two of them for Baltimore. The men and women of the Mr. RUPPERSBERGER. Madam producing what is essentially a very yard do an excellent job maintaining Speaker, I stand in strong support of well-balanced piece of legislation that and repairing the entire Coast Guard the Homeland Security Appropriations will undoubtedly improve the safety fleet. Conference Report for FY 2010. The se- and security of this great Nation. curity of our Nation is clearly our top Now I want to get to the issue of However, this conference report also priority. And this bill dedicates more cyber. The second thing, and one of the represents some of the worst in terms money for homeland security when most important issues that we’re deal- of partisan maneuvering. The language compared to 2009 levels. ing with as far as national security, is contained in section 552 pertaining to Homeland security is not a Demo- cyberattacks. I would support $283 mil- Guantanamo Bay detainees is a result cratic or Republican issue. It is USA lion to address the growing threats to of a last-minute mystery insert by the first—our community, our families, our Nation’s networks. Our Nation’s majority of language that was not in and our country. I want to thank networks control much of what we do either the House or the Senate bill. Chairman PRICE and Ranking Member every day. They power our computers ROGERS, as well as our friends in the and our cell phones. They power the b 1230 Senate, for their bipartisan and bi- electrical grid that allows us to turn With this language, Chairman OBEY cameral efforts in crafting this con- the lights on and the classified mili- and the Democratic leadership are try- ference report. And I’d like to speak tary and intelligence networks that ing to establish Congress’ de facto posi- about two key issues, two key compo- keep our country safe. It’s all too easy tion on Gitmo detainees. And that po- nents in this bill: the Coast Guard and to use basic Internet hacking tech- sition, in my view, is regrettably weak cybersecurity. But before I do that, I niques to wreak havoc on our Nation’s as well as flawed. To permit enemy have to respond to my friend JOHN information infrastructure. Imagine if combatants to come to the United CULBERSON’S comments. I disagree the Bank of America was suddenly States for the purpose of prosecution is with his comments. cyberattacked. a misguided and is potentially a very Number 1, as far as prisoners are con- The SPEAKER pro tempore. The dangerous decision. Terrorists should cerned, if, in fact, there are prisoners time of the gentleman has expired. not be treated like common criminals

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00021 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24983 in the Federal court. These detainees And one of the great things about This bill also provides $1.5 billion to are enemies of the State, and should be this bill is it sets up the Western Trav- support targeted, smarter immigration treated as such by being held and el Initiative, which essentially appro- enforcement. These funds will expand brought to justice right where they priates money into 46 of the busiest critical programs such as Securing the are: in a very well-established judicial border ports—these could be airports, Communities, which identifies and re- facility at Guantanamo. harbor ports, the kind of ways in which moves the most dangerous and violent Both the House and the Senate have people come into this country from criminal aliens on our border. cast clear, bipartisan votes over the abroad—to facilitate getting them I support the new resources the legis- last 2 weeks that made it very clear through all the security and getting lation appropriates to transportation where Members and the American peo- them through the customs and so on. security, including funds for air cargo ple are on this issue. They do not want That is a very important investment in and surface transportation security. these terrorists brought to the United the biggest industry in this country Chemical security is another area of States for any reason. It is regrettable with the biggest payoff to our local critical infrastructure that garnered that the Democrat leadership’s flawed communities. significant attention in this bill. It position on Guantanamo Bay detainees So I want to point out some of the provides $100 million in funding to DHS casts a shadow over what is otherwise real positive things in here. This also to support the coordination and man- a bipartisan, well-crafted conference allows for a tracking of all these visi- agement of regulating high-risk chem- report that will provide key resources tors through the status indicator tech- ical facilities and brings the size of the for our security. nology. C–FATS regulatory staff to 250. I appreciate the very, very good work There are a lot of good things in this The SPEAKER pro tempore. The of Chairman PRICE and Ranking Mem- bill. I urge a ‘‘yes’’ vote on the appro- time of the gentleman has expired. Mr. PRICE of North Carolina. I yield ber ROGERS on this measure, but take priations bill and a vote against any the gentleman an additional 30 sec- considerable exception to Democrat motion to recommit. leadership’s insertion on Guantanamo Mr. ROGERS of Kentucky. Madam onds, Madam Speaker. Mr. THOMPSON of Mississippi. Bay detainees. Speaker, I reserve the balance of my Madam Speaker, in closing, I urge the Mr. PRICE of North Carolina. Madam time. Speaker, I would like to yield 2 min- passage of this important legislation ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE utes to one of our hardest working sub- because it makes the necessary invest- The SPEAKER pro tempore. Mem- committee members, Mr. FARR of Cali- ment in security and resilience to pro- fornia. bers are reminded not to traffic the tect Americans from future threats and Mr. FARR. Thank you very much, well while another Member is under catastrophic incidents, natural or man- Mr. Chairman, for yielding. I appre- recognition. made. ciate the opportunity to address the Mr. PRICE of North Carolina. Madam Mr. PRICE of North Carolina. Madam House on the DHS appropriations bill. Speaker, may I inquire as to how much Speaker, I reserve. I want to just first say at the outset, time is available on both sides. Mr. ROGERS of Kentucky. Madam I am really surprised to hear, kind of The SPEAKER pro tempore. The gen- Speaker, I yield 2 minutes to a hard- shocked to hear, that they are taking tleman from North Carolina has 101⁄2 working member of our subcommittee, an appropriations bill and trying to minutes remaining; the gentleman the gentleman from California (Mr. 1 make it into something that it isn’t. from Kentucky has 13 ⁄2 minutes re- CALVERT). We stand here year after year passing maining. Mr. CALVERT. I want to thank the these appropriation bills, pointing out Mr. PRICE of North Carolina. Madam gentleman from Kentucky for his hard that you cannot legislate on an appro- Speaker, I would like to yield 2 min- work and the diligence that went forth priations bill, you cannot make legal utes at this point to the distinguished in putting this bill together. However, policy; it is about spending the money chairman of the authorizing committee Madam Speaker, today I cannot vote and the ways to spend that money, not with whom we work very closely, Mr. for this bill unless the motion to re- on inventing new law. THOMPSON of Mississippi. commit passes because of my concern This bill does not deal with how you Mr. THOMPSON of Mississippi. about what is going to happen with treat prisoners in Guantanamo Bay. Thank you very much, Mr. Chairman. these prisoners at Guantanamo. We ought to get over it and know that Madam Speaker, I appreciate the op- So I would suggest to all the Mem- it doesn’t do that. What this bill does portunity to speak in support of the bers this is a very serious concern to do, though, is address a lot of other conference report on H.R. 2892, the De- our country. It’s a very serious concern issues, one of which is very important partment of Homeland Security Appro- to this fight on terrorism throughout to this country. They’re talking about priations Act. the world. And I believe that we should how to keep those prisoners out of our The funding provided in this package show our unity and vote for the motion jails and out of our prisons. Frankly, would help ensure the Department of to recommit. And if that motion to re- there are some States that would love Homeland Security, under the leader- commit passes, then I will be happy to to have the revenue; they know that ship of Secretary Janet Napolitano, vote for this bill, which I think for the their court system can handle it. But will have the resources it needs to exe- most part is a good bill with that ex- that’s not the emphasis of this bill be- cute all its missions. ception. cause what we really are trying to ad- DHS has a lot to do, from deterring, Mr. ROGERS of Kentucky. Madam dress is the biggest industry of all in detecting and responding to terrorism Speaker, I yield myself the balance of this country, which is tourism. to rescuing wayward boaters, to pre-po- the time. Tourism relies on a lot of people from sitioning disaster resources. H.R. 2892 In closing, I regret that this bipar- a lot of countries coming into this gives DHS the $42.7 billion it needs to tisan and well-balanced conference re- country. Just a few weeks ago, the en- fulfill its mission. port contains permission to bring tire House voted for a travel initiative With respect to border security, the Guantanamo Bay detainees onto Amer- bill to allow the United States to go bill makes significant new investments ican soil. out and advertise to get more tourists to enhance border security along the At the conclusion of today’s general in here, and there wasn’t one single southern and northern borders. I am debate, I intend to offer a motion to re- vote against it. So we do want to at- particularly pleased that the bill pro- commit that will give this Chamber tract these people to spend money and vides $72.6 million to increase per- the opportunity to once again voice its come to our country. And we need the sonnel and provide new equipment in will to the conferees just as it did 2 facilities when they come in, the facili- the Southwest Border Counterdrug Ini- weeks ago by way of a clear and con- ties to give them visas when they go tiative, which dedicates resources to vincing bipartisan vote. down to apply for those visas and cer- target the flow of guns and bulk cash I appreciated your overwhelming tainly when they enter. that fuel border violence. vote then, and I ask the Members once

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00022 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24984 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 again to register your objection to there should be an exception for bring- The courts have held that they do not bringing these enemy combatants, ing detainees to this country for pros- prevent questioning about identity and caught in battle with American sol- ecution if that was determined to be that they do not apply in cases where diers, onto America’s sacred soil. the best way of dealing with their case. public safety is threatened, such as on The conferees ignored our instruc- I think it’s fair to say that no matter the field of battle or at the site of a tions of 2 weeks ago, which prohibited what President was in the White terrorist attack. We don’t interrogate detainees from being released, trans- House, he or she would insist on this on the field of battle. It’s a red herring. ferred, or detained in the United States flexibility, and we should insist on it By the way, we’re also not reaching for any reason, period. My motion for them. the question of the future of military today will have the same effect as the This motion to recommit would guar- tribunals, but the ranking member’s language Members voted for then and antee, I’m afraid, no progress in resolv- motion to recommit would very defi- has the same effect as what the Senate ing the status of detainees for a year. nitely shut off access to U.S. courts. voted for 93–7. It goes against the basic American We need to ask ourselves whether that This motion will keep these terror- principles of due process and access to is something we want to do in cases ists off American soil, out of our Fed- a fair trial. It goes against America’s where that may be the most appro- eral civilian courts, and in a place that basic interests as well, the interest in priate venue for prosecution. is far more appropriate, given their closing down Guantanamo—and that, I My colleague seems to think that status as enemy combatants appre- remind colleagues, is an objective ar- three convictions by military tribunals hended on a battlefield with American ticulated by President Bush as well as in the entire period of their existence soldiers. by President Obama—our interest in is an impressive record. One of those This motion will correct the flaw in closing down Guantanamo and in was by a guilty plea. It’s not an im- the conference report’s language and bringing related cases to an orderly pressive record. By contrast, a recent aligns the will of Congress with that of conclusion. analysis of the 119 terrorism cases in- the U.S. Senate as reflected by the The motion to recommit unreason- volving 289 defendants tried over the strong bipartisan votes on this issue ably and unwisely exalts these de- last 20 years in U.S. courts shows a 91 over the last 2 weeks in both bodies of tained individuals above the most sav- percent conviction rate for the cases the Congress. age prisoners in the U.S., saying we that had been resolved as of June 2. I would hope Members would join me just can’t handle them, we just can’t Is that an option that we simply in supporting this motion so that we handle these dangerous people in our summarily want to close off? can further improve and strengthen court system. This, I would say, I’ve already indicated, Madam this critical conference report. emboldens the terrorists, perhaps even Speaker—and I won’t repeat—the lay- Madam Speaker, I yield back the bal- helps their recruiting efforts. We have ered protections that our bill contains ance of my time. tried, convicted, and punished people with respect to the movement of de- Mr. PRICE of North Carolina. Madam who are the worst of the worst in this tainees, the transparency it requires Speaker, I yield myself the remainder country repeatedly, and we can do so and the accountability it enforces. This of our time. again. bill contains multiple protections, and Madam Speaker, I rise once again to Similar provisions, Madam Speaker, I stress again that they’re based on an urge colleagues to support this care- were rejected by this body just last earlier bipartisan consensus. They re- fully worked out conference report. week in a motion to recommit the De- flect not just the wording in our bill And since no debate is permitted on fense authorization bill, and they but the language in several of the ap- the motion to recommit, I do wish to should be rejected today. propriations bills. say a few words about the motion and Now, we heard a lot of arguments This move today to recommit this strongly urge its rejection. today about ‘‘Mirandizing’’ prisoners bill makes me wonder just how much The motion to recommit would derail and reading them their rights on the our colleagues have really meant it $42.8 billion in Homeland Security in- battlefield. That is a red herring, unre- when they have urged us to consider vestments, investments in critical ef- lated to this bill. Legal protections are this bill quickly and to act with dis- forts to protect the American people a matter for the courts; they are a patch. We heard this through much of from the threat of terrorist attacks matter for other committees in this September. and natural disasters, and to secure our body. Our conference report does not The Guantanamo provisions that borders, ports and skies. reach these matters. they asked for were included in the The motion to recommit would re- bill. We brought the bill with those open the compromises made with the b 1245 provisions intact from the conference. Senate that allowed us to provide $2.5 We have assurances, as a matter of They’ve been clamoring for weeks to billion in additional resources for our fact, from General Petraeus that U.S. get this bill to the floor, to pass it as homeland security efforts. military forces are not and will not a free-standing bill. But all of a sudden My colleagues should make no mis- Mirandize detainees. The Department as the conference proceeded, again take, this motion to recommit will dis- of Justice has said there has been no they cried, ‘‘Stop.’’ solve our conference and kill the bill. policy change nor blanket instruction Now they’re objecting to provisions Now, that should be reason enough for issued for FBI agents to Mirandize de- that they, themselves, endorsed in the voting against the motion, but let me tainees overseas. There have been spe- Appropriations Committee and on the talk about the substance of the motion cific cases in which FBI agents have House floor. They’re objecting to our as well, because I do want to make cer- done this at Bagram and in other situa- good faith safeguards on the movement tain that Members understand what tions in order to preserve the quality of of detainees to other countries and to we’re dealing with. some evidence, but there has been no the transparency requirements. The motion to recommit would dis- overall policy change. They’re simply saying, ‘‘Stop.’’ Once mantle the agreement that we on the In fact, the whole issue of again, ‘‘Stop.’’ majority side had with the minority in Mirandizing terrorists on the field of Well, we can’t afford to stop, Madam our full committee, which was passed battle shows a lack of understanding of Speaker. We’re already into the fiscal by a large bipartisan vote in the House what ‘‘Miranda rights’’ are. Miranda year. We have no reason to stop, and as a whole. In listening to our col- warnings are given prior to interroga- we cannot afford to stop. We will not leagues debate today, you would hardly tion for collecting evidence from a sus- hold up the $1.5 billion in this con- understand that. But as a matter of pect in a crime. They are a protection ference report to identify and to re- fact, they readily agreed, eagerly against a suspect’s making self-in- move illegal aliens who have been con- agreed, in the markup in the Appro- criminating statements. They are not a victed of crimes. We will not delay $800 priations Committee that of course part of arrest or detention procedures. million to secure our borders. We will

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00023 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24985 not delay $4.2 billion for Homeland Se- fencing along the southwest border and pre- A New York Times report this week high- curity grants to ensure our first-re- vented funding from being used to rescind the lighted a gaping hole in one of these layers— sponder community is well-prepared to ‘‘no-match’’ rule should have been retained in we still have no system in place to verify meet all hazards. We will not delay the conference report. whether foreign visitors have left this country. funding for our Coast Guard, for our And some of the reports required by the Congress and DHS have known about this Secret Service, for disaster assistance, conference report could be attempts to slow hole. In March, Secretary Napolitano joined or for cybersecurity. implementation of REAL ID and the deporta- me for a tour of one of the nation’s top airport We will, in fact, pass this bill today. tion of illegal immigrants. Yet another report terror targets: Los Angeles International Air- We’ve worked with our colleagues. should have required a validation of the suc- port, part of which is in my Congressional Dis- We’ve debated the priorities. We’ve op- cess of use of Alternatives to Detention prior trict. We walked through customs to observe erated in good faith. We’ve accommo- to nationwide use of such alternatives. the collection of foreign visitors’ fingerprints dated interests by Members throughout So I am troubled by several provisions of upon entry and I pointed out the absence of this body. Now it is time to get on with the bill. However I appreciate the inclusion of an exit program. Secretary Napolitano com- it, to get past the political games, to the 3-year extensions of the E-Verify, religious mitted her Department to addressing this issue get past the ‘‘gotcha’’ amendments and worker visa, EB–5 Investor Visa Regional in a timely fashion. motions, and to fund Homeland Secu- Center and Conrad J–1 Physicians’ Waiver Work is already underway. DHS just com- rity. This body has a responsibility to programs. These are good immigration pro- pleted a pilot project to test exit systems and legislate. Let’s get the job done. grams that should be extended. will soon release a report on their findings. I urge my colleagues to vote ‘‘no’’ on Mr. CALVERT. Madam Speaker, I would This bill provides $50 million to put an air exit this motion to recommit and to vote like to thank Chairman PRICE and Ranking system in place. It is imperative that DHS do enthusiastically for this conference re- Member ROGERS, and their staff, for crafting a so. port. very thoughtful Fiscal Year 2010 Homeland By collecting fingerprints when foreign pas- Mr. SMITH of Texas. Madam Speaker, I Security Appropriations bill. I especially appre- sengers exit, we can match them with those plan to support the conference to H.R. 2892; ciate the recognition of the Air and Marine Op- collected upon entry and cross-check them however, I have serious concerns about some erations Center, also known as AMOC, which with a range of databases—from the State De- of the language in the conference report. is located in my congressional district. AMOC partment to the FBI. This isn’t just data for the Specifically, the conference report directs has become the foremost aviation-oriented law sake of data. It builds situational awareness the Secretary of Homeland Security to enforcement operations and coordination cen- and makes it easier for terrorism investigators ‘‘prioritize the identification and removal of ter in the U.S. It plays an integral role in pro- to connect the ‘‘dots.’’ This kind of capability is aliens convicted of a crime by the severity of tecting us from attack and from human, drug a vital tool in the ongoing struggle to prevent that crime.’’ and gun smuggling across our borders. the next attack on American soil. If an individual is in this country illegally, However, I was disappointed that the exten- It’s true that our intelligence and law en- they should be deported. We shouldn’t wait for sion of E-Verify was reduced from the Senate forcement agencies successfully thwarted re- them to commit a crime before we remove language which would have provided for a cent plots, but that’s no guarantee that they’ll them from the country. permanent reauthorization of E-Verify. The detect the next plot. A biometric system will Unfortunately, across the United States, ille- House overwhelmingly passed a 5-year reau- provide them with better information that can gal immigrant criminals are being released thorization last year and I think the American more quickly identify potential threats. Four of onto the streets and into our neighborhoods people would support a permanent reauthor- the 9/11 hijackers overstayed their visas. It is every day instead of being deported. In 2006, ization of E-Verify. exactly this type of thing that exit data will help the DHS Inspector General found that most of I would also like to commend Ranking Mem- us detect. the foreign-born criminal aliens in state and ber ROGERS for his work on language per- I would also like to thank the Conferees for local jails ‘‘are being released into the U.S. at taining to the closing of Guantanamo Bay. including a 1-year waiver of the port security the conclusion of their respective sentences While the bill prohibits the release of detain- grant matching requirement. Since 2006, the due to the lack of [DHS] resources.’’ ees into the U.S., the report does not go far SAFE Port Act has provided hundreds of mil- In January 2007, 22-year-old Nashville, Ten- enough to prevent prisoners from being trans- lions of dollars to secure U.S. ports. But tough nessee, resident Joycelyn Gardiner was killed ferred to or detained on U.S. soil. I maintain financial times—and a decline in shipping— by illegal immigrant Victor Benitez who was that the President must provide a disposition have made it difficult for ports to meet the 25 driving drunk, ran a red light and hit Gardiner. plan which includes a risk assessment for percent cost-sharing requirement. Officials at Ms. Gardiner was a track star at Tennessee each of the detainees and the danger they the Ports of Los Angeles and Long Beach State University and planned to go to law pose to the American people as well as to the have repeatedly told me just how burdensome school after graduation. Benitez had prior con- national security of the United States. The re- the requirement is. It creates a disincentive for victions for car burglary, public intoxication, quirement to have the administration report to ports to apply for grants, without which fund and resisting arrest. Congress on these matters is similar to that of vital efforts to mitigate threats cannot be fund- Are burglary, public intoxication, and resist- my bill, H.R. 1069, which I introduced on Feb- ed. ing arrest convictions considered severe ruary 13 in response to the administration’s Mr. HOLT. Madam Speaker, I rise in sup- enough to warrant deportation under this con- January announcement that it would close the port of this bill. ference report? Had Benitez been detected by detention facility in Guantanamo Bay. The Department of Homeland Security Ap- immigration authorities before committing even In closing, I would like to reiterate my sup- propriations Act for 2010 continues to fund a his first few crimes, wouldn’t it have been bet- port for the conference report but with strong series of important public safety and disaster ter to deport him based solely on his immigra- reservations about the majority’s actions that preparedness initiatives. To help us better pro- tion violations then? has severely restricted amendments and has tect our borders, the bill provides $3.587 bil- American taxpayers deserve to be pro- shut down a once open appropriations proc- lion, $86 million above 2009, to fully support tected. They deserve to have those of us in ess. 20,163 Border Patrol agents—which has ex- Congress do everything possible to prevent Ms. HARMAN. Madam Speaker, eight years panded by 6,000 since 2006. The bill also pro- them from becoming victims. And they de- after 9/11, there remains a very real, very seri- vides $373.7 million, $73.7 million above serve to have the laws of the United States ous threat of another attack on U.S. soil. The 2009, for the US–VISIT program. US–VISIT followed by the enforcement wing of our gov- recent series of arrests—in Dallas, Chicago, uses biometrics to track the entry of visitors to ernment. Denver and New York City—underscores the the United States. The bill directs that a total This misguided prioritization is not the only need for continued resolve. The safety of the of $50 million be used to implement a biomet- concern I have with the conference report to American people relies upon multiple layers of ric air exit capability so that we can determine H.R. 2892. security—from intelligence to local police to if individuals have overstayed their visas. The Senate bill provisions that made E- the technologies that help us identify potential Ensuring that 100 percent of air cargo is Verify permanent allowed employers to use it threats. Our duty as lawmakers is to ensure screened for explosives is essential to our ef- to check the work eligibility of current employ- that all of these pieces are properly in place forts to thwart future terrorist attacks. To that ees, required over 700 miles of pedestrian and constantly reevaluated. end, the bill provides $122.8 million, including

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00024 Fmt 0688 Sfmt 9920 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24986 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 $3.5 million above the budget request for 50 State and local emergency managers and In modern-day communities, they are a vital additional inspectors to ensure compliance first responders are the country’s front line de- communication hub, providing access to com- with the 100 percent screening mandate set fense in times of crisis. Whenever ordinary puters and the internet for individuals that may for August 2010 in the 9/11 Act. Regarding rail Americans find themselves in harm’s way, not be able to afford their own, and in a dis- security, the bill builds on my previous work by State and local authorities are often first on aster, to those whose own property was dam- providing $300 million to protect critical transit the scene. Not only does the bill provide al- aged or destroyed. Further, the library is a infrastructure, including freight rail, Amtrak and most $4 billion for grants to assist State and partner with our school systems, providing re- ferry systems in high-threat areas. I remain local governments with emergency planning search materials to students and supporting very concerned that Amtrak in particular has and equipment, the bill provides an additional class instructional programs. been extremely slow to make the kind of secu- $3.9 billion in grants for high-risk urban areas Many libraries also become a disaster re- rity upgrades that are necessary to make the like the National Capital region for mass tran- covery center for their community, and a point system less vulnerable to the kinds of attacks sit security, and fire and rescue programs. of distribution for meals and supplies needed that killed so many in Madrid, London, and This conference report recognizes State and during a disaster. Mubai over the last 5 years, and I will continue local governments as full and equal partners I urge FEMA to reconsider their internal poli- to press Amtrak officials to quickly implement in the effort to protect American citizens by cies and reexamine how libraries are defined security improvements for the system. helping ensure that they have the tools they in the Stafford Act in order to assist not only I am also pleased that some key needs in need to get the job done. the Cedar Rapids Library, but other libraries my district are being met in this bill. The The bill also provides important support for that may be damaged and displaced by nat- Township of Old Bridge will receive $500,000 key elements of the domestic and international ural disasters in the future. to upgrade its emergency communications transportation, maritime and cyber security de- Ms. MCCOLLUM. Madam Speaker, I rise to system, and the City of Trenton will receive fenses of the country. The bill contains funding oppose this Republican Motion to Instruct $300,000 to help protect its water filtration to update and maintain airport baggage han- Conferees on the Fiscal Year 2010 Depart- plant from periodic Delaware River floods. dling and electronic cargo inspection systems ment of Homeland Security Appropriations Even as we take measures to protect our in the Nation’s air and sea ports; the bill helps Act, H.R. 2010. country and communities from potential ter- protect Americans and American ships abroad This Republican motion is nothing more rorist attacks, it’s important to remember that with funding for U.S. Coast Guard operations; than a political stunt that would delay Con- the most common calamities that strike our and the bill includes $397 million in funding for gressional action on this important bill that towns come from nature and other sources. cyber security efforts to protect the nation’s funds the Department of Homeland Security. We must ensure that our communities are pre- cyber infrastructure against unauthorized ac- This agency’s ability to operate is crucial in pared to meet the full range of threats they cess. keeping our borders and waters safe, pre- Americans turn to first responders and may face. venting terrorism, and responding to natural emergency managers for help in a crisis. This I am disappointed that this bill allows the disasters. bill helps ensure that the resources are there Secretary of Defense to withhold indefinitely Furthermore, this is another example of a when they are needed. I encourage my col- from public release photographs of potential Republican proposal that blatantly disregards leagues to join me in support of the 2010 detainee abuse by U.S. government per- the Constitution. If enacted, it would under- sonnel. The assumption underlying this provi- Homeland Security Appropriations Act. Mr. LOEBSACK. Madam Speaker, in 2008, mine the principles of due process and a fair sion is that the release of the photographs the State of Iowa experienced the worst nat- trial, both of which are American ideals we would lead to increased violence against U.S. ural disaster in our state’s history which left 85 hold dear. government personnel (civilian and military) of 99 total counties presidentially declared dis- For these reasons, I urge a ‘‘no’’ vote. overseas in the Middle East and southwest The SPEAKER pro tempore. The gen- aster areas. This flooding particularly dev- Asia. I would respectfully submit that our re- astated the City of Cedar Rapids. In addition tleman’s time has expired. peated mistargeting of civilians in Afghanistan to having nearly all of their critical government Pursuant to House Resolution 829, and Pakistan, along with our continuing and and public facilities damaged, the flooding also the previous question is ordered on the expanding military presence in Afghanistan, severely damaged the city’s main public li- conference report. provide our enemies with far better recruiting brary. MOTION TO RECOMMIT tools than the photographs in question might The Cedar Rapids Library was an 83,961 Mr. ROGERS of Kentucky. Madam ever provide. square foot facility, owned by the city which Speaker, I have a motion at the desk. I regret that the conferees did not direct the also housed city staff. The main Library con- The SPEAKER pro tempore. Is the Attorney General to review the photos to de- tained 150,000 volumes in the Adult Collection gentleman opposed to the bill? termine if any do in fact show evidence of vio- and 100,000 volumes in the Children’s Collec- Mr. ROGERS of Kentucky. I am in its lations of either domestic or international law tions, all of which are currently displaced. current form. with respect to the treatment of detainees. After two appeals from the city, FEMA con- The SPEAKER pro tempore. The Using one law to shield from disclosure infor- tinues to state that the city’s library is not eligi- Clerk will report the motion to recom- mation that might be prosecutable under an- ble for temporary relocation assistance despite mit. other law undermines the very foundation of the fact that the Stafford Act provides for ‘‘pro- The Clerk read as follows: our legal system and sends a clear signal to vision of temporary facilities for schools and Mr. ROGERS of Kentucky moves to recom- the world that we will cast aside our obliga- other essential community services.’’ The Staf- mit the conference report accompanying the tions under international law if it is politically ford Act also includes libraries in the definition bill H.R. 2892 to the committee of conference expedient for us to do so. The best way we of private nonprofit facilities and states that with instructions to the managers on the can protect our soldiers and civilians working they provide essential services of a govern- part of the House to not agree to any lan- overseas is to show that we will not tolerate mental nature to the general public. guage allowing a detainee held at Guanta- the abuse of other human beings in our cus- As a former educator myself, I know the crit- namo Bay, Cuba to be brought to the United tody and that we will not hide our complicity in ical role libraries play in education. Since the States for prosecution or incarceration. such acts behind politically expedient legal floods of 2008, I have also seen the essential The SPEAKER pro tempore. Without contortionisms. public services they provide to nearly all as- objection, the previous question is or- Despite this serious flaw in the bill, I will pects of severely damaged communities. dered on the motion to recommit. support it and urge my colleagues to do like- In fact, FEMA itself directs disaster victims There was no objection. wise. to their local library to use the internet to apply The SPEAKER pro tempore. The Mr. VAN HOLLEN. Madam Speaker, I stand for federal disaster assistance. Public libraries question is on the motion to recommit. in support of H.R. 2892, the Homeland Secu- also allow citizens to look for jobs, or seek The question was taken; and the rity Appropriations Act of 2010. This con- other support services needed in the aftermath Speaker pro tempore announced that ference report represents Congress’ commit- of disasters such as the flooding in Iowa. Li- the noes appeared to have it. ment to partnering with State and local au- braries have certainly evolved to become Mr. ROGERS of Kentucky. Madam thorities to meet the homeland security chal- more than collections of books and periodi- Speaker, on that I demand the yeas lenges of the nation. cals. and nays.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00025 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24987 The yeas and nays were ordered. Clarke Johnson (GA) Polis (CO) The result of the vote was announced Clay Johnson, E. B. Pomeroy as above recorded. The SPEAKER pro tempore. Pursu- Cleaver Kagen Price (NC) ant to clause 8 and clause 9 of rule XX, Clyburn Kanjorski Quigley Stated for: this 15-minute vote on the motion to Cohen Kaptur Rahall Mr. MINNICK. Madam Speaker, on rollcall recommit will be followed by 5-minute Connolly (VA) Kennedy Rangel No. 783, I was caught in traffic returning from Conyers Kildee Reyes votes on adoption of the conference re- Cooper Kilpatrick (MI) Richardson a lunch at I and 18th Street, NW. Had I been port; and motion to suspend the rules Costa Kilroy Rodriguez present, I would have voted ‘‘yea.’’ on H.R. 2423. Costello Kind Ross The SPEAKER pro tempore. The Courtney Kissell The vote was taken by electronic de- Rothman (NJ) question is on the conference report. Crowley Klein (FL) Roybal-Allard vice, and there were—yeas 193, nays Cuellar Kosmas Ruppersberger Pursuant to clause 10 of rule XX, the 224, not voting 15, as follows: Cummings Kucinich Rush yeas and nays are ordered. Dahlkemper Langevin [Roll No. 783] Salazar This will be a 5-minute vote. Davis (CA) Larsen (WA) Sa´ nchez, Linda YEAS—193 Davis (IL) Larson (CT) T. The vote was taken by electronic de- Davis (TN) Lee (CA) Aderholt Frelinghuysen Miller (MI) Sanchez, Loretta vice, and there were—yeas 307, nays DeFazio Levin Sarbanes Adler (NJ) Gallegly Miller, Gary 114, not voting 11, as follows: DeGette Lewis (GA) Schakowsky Akin Garrett (NJ) Mitchell Delahunt Lipinski Schauer [Roll No. 784] Alexander Gerlach Moran (KS) DeLauro Loebsack Schiff Altmire Gingrey (GA) Murphy, Tim YEAS—307 Dicks Lofgren, Zoe Schrader Austria Gohmert Myrick Dingell Lowey Abercrombie Diaz-Balart, M. Kirk Schwartz Bachmann Goodlatte Doggett Luja´ n Ackerman Dicks Kirkpatrick (AZ) Neugebauer Scott (GA) Bachus Granger Doyle Lynch Aderholt Dingell Kissell Nunes Scott (VA) Barrett (SC) Graves Driehaus Maffei Adler (NJ) Doggett Klein (FL) Olson Serrano Barrow Griffith Edwards (MD) Maloney Alexander Donnelly (IN) Kosmas Paulsen Sestak Bartlett Guthrie Edwards (TX) Markey (CO) Altmire Doyle Kratovil Pence Sherman Barton (TX) Hall (NY) Ellison Markey (MA) Andrews Driehaus Kucinich Peters Shuler Biggert Harper Ellsworth Marshall Arcuri Edwards (MD) Lance Petri Sires Bilbray Hastings (WA) Engel Massa Austria Edwards (TX) Langevin Pitts Skelton Bilirakis Heller Eshoo Matheson Baca Ellison Larsen (WA) Bishop (UT) Hensarling Platts Slaughter Poe (TX) Etheridge Matsui Baird Ellsworth Larson (CT) Blackburn Herger Farr McCarthy (NY) Smith (WA) Baldwin Engel Posey Latham Boehner Herseth Sandlin Fattah McDermott Snyder Barrow Eshoo LaTourette Price (GA) Bonner Hodes Filner McGovern Speier Bean Etheridge Lee (CA) Putnam Bono Mack Hoekstra Frank (MA) Meek (FL) Spratt Becerra Farr Lee (NY) Rehberg Boozman Holden Fudge Meeks (NY) Stark Berkley Fattah Levin Reichert Boren Hunter Giffords Michaud Stupak Berman Filner Lewis (GA) Roe (TN) Boustany Inglis Gonzalez Miller (NC) Sutton Berry Fleming Lipinski Brady (TX) Issa Rogers (AL) Gordon (TN) Miller, George Tanner Biggert Forbes LoBiondo Bright Jenkins Rogers (KY) Grayson Moore (KS) Thompson (CA) Bilbray Fortenberry Loebsack Broun (GA) Johnson (IL) Rogers (MI) Green, Al Moore (WI) Thompson (MS) Bilirakis Foster Lofgren, Zoe Brown (SC) Johnson, Sam Rohrabacher Green, Gene Moran (VA) Tierney Bishop (GA) Frank (MA) Lowey Brown-Waite, Jones Rooney Grijalva Murphy (CT) Titus Bishop (NY) Frelinghuysen Luetkemeyer Ginny Jordan (OH) Ros-Lehtinen Gutierrez Murphy (NY) Tonko Blumenauer Fudge Luja´ n Buchanan King (IA) Roskam Halvorson Murphy, Patrick Towns Boccieri Gallegly Lynch Burgess King (NY) Royce Hare Murtha Tsongas Bonner Garrett (NJ) Maffei Burton (IN) Kingston Ryan (WI) Harman Nadler (NY) Van Hollen Boren Gerlach Maloney Buyer Kirk Schmidt Hastings (FL) Napolitano Vela´ zquez Boswell Giffords Manzullo Calvert Kirkpatrick (AZ) Sensenbrenner Heinrich Neal (MA) Visclosky Boucher Gonzalez Markey (CO) Camp Kline (MN) Sessions Higgins Nye Walz Boustany Gordon (TN) Markey (MA) Campbell Kratovil Shadegg Hill Oberstar Wasserman Brady (PA) Grayson Marshall Cantor Lamborn Shea-Porter Himes Obey Schultz Braley (IA) Green, Al Massa Capito Lance Shimkus Hinchey Olver Waters Bright Green, Gene Matheson Cassidy Latham Shuster Hinojosa Ortiz Watson Brown, Corrine Griffith Matsui Castle LaTourette Simpson Hirono Pallone Watt Brown-Waite, Grijalva McCarthy (NY) Chaffetz Latta Smith (NE) Holt Pascrell Waxman Ginny Hall (NY) McCaul Childers Lee (NY) Smith (NJ) Honda Pastor (AZ) Weiner Buchanan Halvorson McCotter Coble Lewis (CA) Smith (TX) Hoyer Paul Welch Butterfield Hare McDermott Coffman (CO) Linder Souder Inslee Payne Wexler Camp Harman McGovern Cole LoBiondo Space Israel Perlmutter Wilson (OH) Capito Harper McIntyre Conaway Lucas Stearns Jackson (IL) Perriello Woolsey Capps Hastings (FL) McMahon Crenshaw Luetkemeyer Sullivan Jackson-Lee Peterson Wu Capuano Hastings (WA) McMorris Culberson Lummis Taylor (TX) Pingree (ME) Yarmuth Cardoza Heinrich Rodgers Davis (AL) Lungren, Daniel Teague Carnahan Heller McNerney Davis (KY) E. NOT VOTING—15 Terry Carson (IN) Herseth Sandlin Meek (FL) Deal (GA) Mack Blunt Emerson Mollohan Cassidy Higgins Meeks (NY) Dent Manzullo Thompson (PA) Thornberry Boyd Hall (TX) Radanovich Castor (FL) Hill Michaud Diaz-Balart, L. Marchant Chandler Himes Tiahrt Cao McCollum Ryan (OH) Miller (MI) Diaz-Balart, M. McCarthy (CA) Childers Hinchey Miller (NC) Tiberi Carney Melancon Scalise Donnelly (IN) McCaul Carter Minnick Schock Chu Hinojosa Miller, Gary Turner Dreier McClintock Clarke Hirono Miller, George Upton Duncan McCotter ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Clay Hodes Minnick Walden Ehlers McHenry The SPEAKER pro tempore (during Cleaver Holden Mitchell Wamp Fallin McIntyre the vote). There are 2 minutes remain- Clyburn Holt Moore (KS) Flake McKeon Westmoreland Cohen Honda Moore (WI) Fleming McMahon Whitfield ing in this vote. Connolly (VA) Hoyer Moran (VA) Wilson (SC) Forbes McMorris b 1314 Conyers Inslee Murphy (CT) Fortenberry Rodgers Wittman Cooper Israel Murphy (NY) Foster McNerney Wolf Messrs. RUSH, GENE GREEN of Costa Jackson (IL) Murphy, Patrick Foxx Mica Young (AK) Texas, SCOTT of Georgia, WU, COURT- Courtney Jackson-Lee Murtha Franks (AZ) Miller (FL) Young (FL) Crowley (TX) Nadler (NY) NEY, HINCHEY, Ms. SUTTON, Ms. Cuellar Jenkins Napolitano NAYS—224 MOORE of Wisconsin and Ms. CLARKE Cummings Johnson (GA) Neal (MA) Abercrombie Berman Brown, Corrine changed their vote from ‘‘yea’’ to Dahlkemper Johnson, E. B. Nye Ackerman Berry Butterfield ‘‘nay.’’ Davis (AL) Kagen Oberstar Andrews Bishop (GA) Capps Davis (CA) Kanjorski Obey Arcuri Bishop (NY) Capuano Messrs. COFFMAN, TERRY, CAMP, Davis (IL) Kaptur Olver Baca Blumenauer Cardoza WALDEN, ROSKAM and CANTOR Davis (TN) Kennedy Ortiz Baird Boccieri Carnahan changed their vote from ‘‘nay’’ to DeFazio Kildee Pallone Baldwin Boswell Carson (IN) ‘‘yea.’’ DeGette Kilpatrick (MI) Pascrell Bean Boucher Castor (FL) DeLauro Kilroy Pastor (AZ) Becerra Brady (PA) Chandler So the motion to recommit was re- Dent Kind Payne Berkley Braley (IA) Chu jected. Diaz-Balart, L. King (NY) Perlmutter

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00026 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24988 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 Perriello Schakowsky Thompson (CA) GEORGE P. KAZEN FEDERAL Kilroy Moran (KS) Schwartz Peters Schauer Thompson (MS) BUILDING AND UNITED STATES Kind Moran (VA) Scott (GA) Peterson Schiff Tiberi King (IA) Murphy (CT) Scott (VA) Pingree (ME) Schock Tierney COURTHOUSE King (NY) Murphy (NY) Sensenbrenner Pitts Schrader Titus Kingston Murphy, Patrick Serrano Platts Schwartz Tonko The SPEAKER pro tempore. The un- Kirk Murphy, Tim Sessions Pomeroy Scott (GA) Towns finished business is the vote on the mo- Kirkpatrick (AZ) Murtha Sestak Price (NC) Scott (VA) Tsongas tion to suspend the rules and pass the Kissell Myrick Shadegg Quigley Serrano Upton bill, H.R. 2423, as amended, on which Klein (FL) Nadler (NY) Shea-Porter Rahall Sestak Van Hollen Kline (MN) Napolitano Sherman Rangel Shea-Porter Visclosky the yeas and nays were ordered. Kosmas Neal (MA) Shimkus Reichert Sherman Walden The Clerk read the title of the bill. Kratovil Neugebauer Shuler Reyes Shimkus Walz The SPEAKER pro tempore. The Kucinich Nunes Shuster Richardson Shuler Wasserman Lamborn Nye Simpson Rodriguez Sires Schultz question is on the motion offered by Lance Oberstar Sires Langevin Obey Rogers (AL) Skelton Waters the gentlewoman from Hawaii (Ms. Skelton Larsen (WA) Olson Rogers (KY) Slaughter Watson HIRONO) that the House suspend the Slaughter Larson (CT) Olver Rogers (MI) Smith (NE) Watt Smith (NE) rules and pass the bill, H.R. 2423, as Latham Ortiz Rohrabacher Smith (NJ) Waxman Smith (NJ) LaTourette Pallone Ros-Lehtinen Smith (TX) Weiner amended. Smith (TX) Latta Pascrell Ross Smith (WA) Welch This will be a 5-minute vote. Lee (CA) Pastor (AZ) Smith (WA) Wexler Rothman (NJ) Snyder The vote was taken by electronic de- Lee (NY) Paul Snyder Roybal-Allard Space Whitfield Levin Paulsen Souder Ruppersberger Speier Wilson (OH) vice, and there were—yeas 421, nays 0, Space not voting 11, as follows: Lewis (CA) Payne Rush Spratt Wittman Lewis (GA) Pence Speier Ryan (OH) Stupak Wolf [Roll No. 785] Linder Perlmutter Spratt Salazar Sutton Woolsey Lipinski Perriello Stark Sa´ nchez, Linda Tanner Wu YEAS—421 LoBiondo Peters Stearns T. Taylor Yarmuth Abercrombie Cassidy Frank (MA) Loebsack Peterson Stupak Sanchez, Loretta Teague Young (AK) Ackerman Castle Franks (AZ) Lofgren, Zoe Petri Sullivan Sarbanes Terry Young (FL) Aderholt Castor (FL) Frelinghuysen Lowey Pingree (ME) Sutton Adler (NJ) Chaffetz Fudge Lucas Pitts Tanner NAYS—114 Akin Chandler Gallegly Luetkemeyer Platts Taylor Alexander Childers ´ Teague Akin Franks (AZ) Myrick Garrett (NJ) Lujan Poe (TX) Altmire Chu Gerlach Lummis Polis (CO) Terry Bachmann Gingrey (GA) Neugebauer Andrews Clarke Giffords Lungren, Daniel Pomeroy Thompson (CA) Bachus Gohmert Nunes Arcuri Barrett (SC) Goodlatte Clay Gingrey (GA) E. Posey Thompson (MS) Olson Austria Bartlett Granger Cleaver Gohmert Lynch Price (GA) Thompson (PA) Paul Baca Barton (TX) Graves Clyburn Gonzalez Mack Price (NC) Thornberry Paulsen Bachmann Bishop (UT) Guthrie Coble Goodlatte Maffei Putnam Tiahrt Pence Bachus Blackburn Gutierrez Coffman (CO) Gordon (TN) Maloney Quigley Tiberi Petri Baird Boehner Hensarling Cohen Granger Manzullo Rahall Tierney Poe (TX) Baldwin Bono Mack Herger Cole Graves Marchant Rangel Titus Polis (CO) Barrett (SC) Boozman Hoekstra Conaway Grayson Markey (CO) Rehberg Tonko Barrow Brady (TX) Hunter Posey Connolly (VA) Green, Al Markey (MA) Reichert Towns Bartlett Broun (GA) Inglis Price (GA) Conyers Green, Gene Marshall Reyes Tsongas Barton (TX) Brown (SC) Issa Putnam Cooper Griffith Massa Richardson Turner Bean Burgess Johnson (IL) Rehberg Costa Grijalva Matheson Rodriguez Upton Becerra Burton (IN) Johnson, Sam Roe (TN) Costello Guthrie Matsui Roe (TN) Van Hollen Berkley Buyer Jones Rooney Courtney Gutierrez McCarthy (CA) Rogers (AL) Vela´ zquez Berman Crenshaw Hall (NY) McCarthy (NY) Rogers (KY) Calvert Jordan (OH) Roskam Visclosky Berry Crowley Halvorson McCaul Rogers (MI) Campbell King (IA) Royce Walden Biggert Cuellar Hare McClintock Rohrabacher Cantor Kingston Ryan (WI) Walz Bilbray Culberson Harman McCotter Rooney Carter Kline (MN) Schmidt Wamp Bilirakis Cummings Harper McDermott Ros-Lehtinen Castle Lamborn Sensenbrenner Wasserman Bishop (GA) Dahlkemper Hastings (FL) McGovern Roskam Chaffetz Latta Schultz Sessions Bishop (NY) Coble Lewis (CA) Davis (AL) Hastings (WA) McHenry Ross Shadegg Bishop (UT) Waters Coffman (CO) Linder Davis (CA) Heinrich McIntyre Rothman (NJ) Shuster Blackburn Watson Cole Lucas Davis (IL) Heller McKeon Roybal-Allard Simpson Blumenauer Watt Conaway Lummis Davis (KY) Hensarling McMahon Royce Souder Blunt Waxman Costello Lungren, Daniel Davis (TN) Herger McMorris Ruppersberger Stark Boccieri Weiner Crenshaw E. Deal (GA) Herseth Sandlin Rodgers Rush Stearns Boehner Welch Culberson Mack DeFazio Higgins McNerney Ryan (OH) Bonner Westmoreland Davis (KY) Marchant Sullivan DeGette Hill Meek (FL) Ryan (WI) Bono Mack Wexler Deal (GA) McCarthy (CA) Thompson (PA) Delahunt Himes Meeks (NY) Salazar Boozman ´ Whitfield Delahunt McClintock Thornberry DeLauro Hinchey Mica Sanchez, Linda Boren Wilson (OH) Dreier McHenry Tiahrt Dent Hinojosa Michaud T. Boswell Wilson (SC) Duncan McKeon Turner Diaz-Balart, L. Hirono Miller (MI) Sanchez, Loretta Boucher Wittman Ehlers Mica Vela´ zquez Diaz-Balart, M. Hodes Miller (NC) Sarbanes Boustany Wolf Fallin Miller (FL) Wamp Dicks Hoekstra Miller, Gary Schakowsky Brady (PA) Woolsey Flake Moran (KS) Westmoreland Dingell Holden Miller, George Schauer Brady (TX) Wu Foxx Murphy, Tim Wilson (SC) Doggett Holt Minnick Schiff Braley (IA) Donnelly (IN) Honda Mitchell Schmidt Yarmuth Bright Doyle Hoyer Moore (KS) Schock Young (AK) NOT VOTING—11 Broun (GA) Dreier Hunter Moore (WI) Schrader Young (FL) Brown (SC) Driehaus Inglis Blunt Emerson Mollohan NOT VOTING—11 Boyd Hall (TX) Radanovich Brown, Corrine Duncan Inslee Cao McCollum Scalise Brown-Waite, Edwards (MD) Israel Boyd Hall (TX) Mollohan Carney Melancon Ginny Edwards (TX) Issa Cao McCollum Radanovich Buchanan Ehlers Jackson (IL) Carney Melancon Scalise Burgess Ellison Jackson-Lee Emerson Miller (FL) b 1321 Burton (IN) Ellsworth (TX) Butterfield Engel Jenkins ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Mr. BOOZMAN changed his vote from Buyer Eshoo Johnson (GA) The SPEAKER pro tempore (during ‘‘yea’’ to ‘‘nay.’’ Calvert Etheridge Johnson (IL) the vote). There are 2 minutes remain- Camp Fallin Johnson, E. B. ing on this vote. So the conference report was agreed Campbell Farr Johnson, Sam Cantor Fattah Jones b 1329 to. Capito Filner Jordan (OH) The result of the vote was announced Capps Flake Kagen So (two-thirds being in the affirma- Capuano Fleming Kanjorski tive) the rules were suspended and the as above recorded. Cardoza Forbes Kaptur bill, as amended, was passed. Carnahan Fortenberry Kennedy A motion to reconsider was laid on Carson (IN) Foster Kildee The result of the vote was announced the table. Carter Foxx Kilpatrick (MI) as above recorded.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00027 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24989 The title was amended so as to read: ing in the bill is subject to appropria- public water agencies, cities and major ‘‘A bill to designate the Federal build- tions and making a purely technical engineering and technology firms, has ing and United States courthouse lo- correction to the section numbering in urged that we move expeditiously on cated at 1300 Victoria Street in Laredo, the bill. The rule also provides one mo- the bill. These groups understand that Texas, as the ‘George P. Kazen Federal tion to recommit with or without in- no one wins when these kinds of local Building and United States Court- structions. projects are held hostage because of house’.’’. Madam Speaker, I first want to disputes over the operation of Federal A motion to reconsider was laid on thank Chairman MILLER and Chairman water projects. the table. STARK, as well as Representatives We all know that there are some seri- f ESHOO, HONDA, WOOLSEY, MCNERNEY, ous concerns about the water crisis in LOFGREN, NAPOLITANO, and SPEIER, for California. I was back home in my dis- PROVIDING FOR CONSIDERATION their work on this bill and efforts to trict over the weekend, Madam Speak- OF H.R. 2442, BAY AREA RE- address the Bay Area waters’ needs. er, and everyone at home was talking GIONAL WATER RECYCLING PRO- I also commend Senators FEINSTEIN about a water deal trying to be nego- GRAM EXPANSION ACT OF 2009 and BOXER for introducing identical tiated by the legislature and the Gov- Ms. MATSUI. Madam Speaker, by di- legislation in the Senate and their ernor. rection of the Committee on Rules, I leadership on this issue. From local and State levels all the call up House Resolution 830 and ask As the elected Representative from way here to Washington, there are a for its immediate consideration. Sacramento, and as a farmer’s daugh- number of different ideas about how to The Clerk read the resolution, as fol- ter from the Central Valley, I under- address our water issues in California. lows: stand that water is critical to our Some of them I prefer more than oth- H. RES. 830 State’s economy and our way of life. ers, and some of them are preferred Resolved, That upon the adoption of this After 3 years of drought, pumping re- more than others by my colleagues on resolution it shall be in order to consider in strictions and lost jobs from the valley the other side of the aisle. the House the bill (H.R. 2442) to amend the to the coast, there is no doubt that im- But one thing is for sure: limiting Reclamation Wastewater and Groundwater proving the capability of water recy- our State’s water supply by holding up Study and Facilities Act to expand the Bay cling will help address these problems recycling projects like those in this Area Regional Water Recycling Program, and lessen the burden on the bay-delta bill will not solve anything. In fact, it and for other purposes. All points of order against consideration of the bill are waived ecosystem. will only prolong our collective efforts except those arising under clause 9 or 10 of While recycling is not the only way to seek solutions to California’s water rule XXI. The amendment printed in the re- to meet the Bay Area and California’s problems. port of the Committee on Rules accom- water requirements, it must be part of For these reasons, I strongly support panying this resolution shall be considered our comprehensive solution. Effective the rule and the underlying legislation, as adopted. The bill, as amended, shall be water use will help keep California’s and I urge my colleagues to do the considered as read. All points of order agricultural water economy strong and same. against provisions in the bill, as amended, the delta healthy, and ensure that the Madam Speaker, again, I want to are waived. The previous question shall be needs of northern California busi- thank Mr. MILLER and the committee considered as ordered on the bill, as amend- ed, to final passage without intervening mo- nesses, farmers and residents are not for their work on this bill. tion except: (1) one hour of debate equally di- ignored. I reserve the balance of my time. vided and controlled by the chair and rank- Under the Title 16 water recycling Mr. LINCOLN DIAZ-BALART of ing minority member of the Committee on program, H.R. 2442, would authorize six Florida. I would like to thank my Natural Resources; and (2) one motion to re- additional water recycling projects for friend, the gentlewoman from Cali- commit with or without instructions. the Bay Area that would provide 7.2 fornia (Ms. MATSUI), for the time. The SPEAKER pro tempore. The gen- million gallons of water daily and serve I yield myself such time as I may tlewoman from California is recognized more than 24,000 households. Collec- consume. for 1 hour. tively, these projects will save 2.6 bil- Madam Speaker, the House consid- Ms. MATSUI. For the purpose of de- lion gallons of water per year in the re- ered, under suspension of the rules, bate only, I yield the customary 30 gion, offering a new water supply of H.R. 2442, the Bay Area Regional Water minutes to the gentleman from Flor- treated wastewater for industrial and Recycling Program Expansion Act of ida, my friend, Mr. DIAZ-BALART. All irrigation use. 2009. But the bill failed to get the nec- time yielded during consideration of Specifically, the Bay Area Regional essary two-thirds to pass. the rule is for debate only. Water Recycling Program Expansion The reason that bill failed was not I yield myself such time as I may Act would authorize $38 million in Fed- because Members objected to the sub- consume. eral assistance under the Interior De- stance of the legislation, but because GENERAL LEAVE partment’s Bureau of Reclamation for the majority leadership brought forth Ms. MATSUI. I also ask unanimous the design, planning, and construction the underlying legislation that pro- consent that all Members be given 5 of these new water projects. It would vides water projects for the San Fran- legislative days in which to revise and also expand the authorization for two cisco area for consideration by the extend their remarks on House Resolu- existing projects. House while blocking the House from tion 830. H.R. 2442 would stipulate that the debating the desperate need for water The SPEAKER pro tempore. Is there Federal share of the cost of the in another part of California, the San objection to the request of the gentle- projects not exceed 25 percent of the Joaquin Valley. woman from California? total cost and bars the Department On numerous occasions, my colleague There was no objection. from funding operation or maintenance from California, Mr. DEVIN NUNES, has Ms. MATSUI. Madam Speaker, H. of the projects. It is important to note submitted amendments to the Rules Res. 830 provides for consideration of that this legislation has been endorsed Committee so that those amendments H.R. 2442, the Bay Area Regional Water by the Association of California Water could be debated and voted on by the Recycling Program Expansion Act of Agencies, commonly called ACWA, full House. His amendments would re- 2009. which includes every major agricul- strict the implementation of the De- tural and urban water agency in the cember 15, 2008, biological opinion b 1330 State and represents the largest coali- issued by the U.S. Fish and Wildlife The rule provides 1 hour of general tion of public water agencies nation- Service and the June 4, 2009, biological debate, controlled by the Committee wide. opinion issued by the National Marine on Natural Resources. The rule makes Additionally, the WaterReuse Foun- Fisheries Service. However, the major- two small changes clarifying the fund- dation, which serves more than 180 ity on the Rules Committee routinely

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00028 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24990 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 blocked consideration of the amend- H.R. 2442 provides new water to the I was not quite sure which lawsuits he ments, twice on the Interior appropria- Bay Area in California. The recycling had brought forward, but he said, I tions bill and three times on the En- projects authorized will provide, as Ms. don’t think I have lost many lawsuits ergy and Water appropriations bill. MATSUI pointed out, 2.6 billion gallons in court over the last 10 or 15 years. The reason Mr. NUNES has so stead- of water annually, enough to meet the Now, I did some research. I wasn’t fastly sought to have the House debate needs of 24,000 families. Why do we sure what lawsuits the distinguished the restriction on those two opinions is stand against water for other areas? chairman had brought forward. So it that they have diverted water from the All of us need additional water in Cali- made me believe, well, maybe there is San Joaquin Valley, practically turn- fornia. some coordination going on between ing that area into a dust bowl. Water is life. As we all are very well the left-wing radicals and the fringe Madam Speaker, why should Con- aware, the drought in California has environmental movement, and how is gress be concerned with what may look taken a terrible toll on jobs all over that being coordinated from this body. like a simple water issue? The valley is the State, the economy and the envi- These are questions that we need to home to a $20 billion crop industry, and ronment of the Central Valley in Cali- know about. the region produces more in agricul- fornia in particular. At a time when So the shocking admission of coordi- tural sales than any other State in the our Nation needs leadership and op- nation between the Democrats in the country. It can be argued that no agri- tions to meet our water requirements, House and radical environmentalists cultural area in the country is more H.R. 2442 provides a tool to create more deserves our attention, and I want to productive and is, therefore, more im- water for the Bay Area and, in the ask a few questions that I hope can be portant to our Nation’s food security. process, reduce the amount of water answered at some point by some com- If we continue to allow the diversion of imported from the Sacramento and mittee in this Congress. The first is, how much money is water from the valley, food prices are delta area. going to fund these organizations? Sev- going to increase; and we are also This bill, and the projects it author- eral billion dollars have been paid out going to put our food security, national izes, will immediately address Califor- to these fringe environmental groups security in jeopardy. nia’s water crisis through local action that continue to bring these lawsuits According to a recent University of and provide economic relief through forward, taxpayer dollars funding shut- California Davis study, the water re- job creation. It will not solve Califor- ductions have led to revenue losses of ting off water to people. nia’s water crisis, as Ms. MATSUI point- Another question that needs to be over $2 billion, and this year will lead ed out. However, it does provide a valu- answered: the bureaucrats at the gov- to 80,000 jobs lost. The area now has an able and important tool. ernment agencies, such as the National unemployment rate of about 20 per- The SPEAKER pro tempore. The Marine Fisheries Service, are they in- cent. Some of its communities have an time of the gentlewoman has expired. volved? Have these radical groups been unemployment rate of nearly 40 per- Ms. MATSUI. I yield the gentle- coordinating with the scientists and bi- cent. woman an additional 30 seconds. ologists over at the National Marine Today, the majority comes to the Mrs. NAPOLITANO. It does provide a Fisheries Service? Because nobody in floor with a rule that the House will valuable and important tool to stretch their right mind would say that these once again consider the Bay Area Re- the existing water supply and address pumps are resulting in the death of gional Water Recycling Program Ex- the critical water issues of our State. I killer whales. It is not believable. pansion Act without giving the House urge strongly a ‘‘yes’’ vote and encour- Another question we need to figure the opportunity to consider amend- age all Members to support this legisla- out is the water czar that the Depart- ments, including those proposed by Mr. tion. Water for our Nation is critical ment of Interior has appointed, that NUNES. That is most unfortunate. for all of our citizens and we, as legis- President Obama has appointed, has It is time that the House be given the lative leaders, have to provide for solu- been active with these special interests opportunity to debate the San Joaquin tions. in the past at the highest levels. He has Valley water issue. Mr. LINCOLN DIAZ-BALART of served on their boards, and he has I reserve the balance of my time. Florida. Madam Speaker, I yield 3 min- given them money. Are there more peo- Ms. MATSUI. Madam Speaker, I utes to my friend from California (Mr. ple at Interior that are involved with yield 2 minutes to the gentlewoman NUNES). these biologists that are coming up from California, a member of the Nat- Mr. NUNES. I thank my good friend with these plans and helping these en- ural Resources Committee, Mrs. from Florida. vironmental groups bring these law- NAPOLITANO. Madam Speaker, this water crisis has suits that the taxpayers are paying Mrs. NAPOLITANO. Thank you, Ms. been created by the government. This for? MATSUI. bill that’s on the floor today provides This is a closed rule. It is a California Madam Speaker, I rise today in water for San Francisco. I would love water issue here, to provide water for strong support of H.R. 2442, the Bay for San Francisco to have water. San Francisco; yet we can’t even de- Area Regional Water Recycling Pro- But in the grand scheme of things, bate or have an amendment to provide gram Expansion Act of 2009. The bill this is a 2-billion gallon project. We are water to the bulk of California. has received extensive review and bi- losing 200 billion gallons out to the So we need to get to the bottom of partisan approval from the Sub- ocean because we simply won’t let the this. Hopefully we will turn down this committee of Water and Power and was pumps run at historical levels. rule, vote it down, so that we can allow reported on a bipartisan basis favor- This is a closed rule. It never should the real issues to be debated. ably from the Natural Resources Com- have been a closed rule, and we need to Vote ‘‘no’’ on this resolution. mittee. find out why is it that the majority Ms. MATSUI. Madam Speaker, before I listened to my colleague, as I am keeps closing down these rules. I yield to the next speaker, I just want also a Californian, I listened to my col- to say that I know that my colleague 1345 league on the other side, Mr. DIAZ- b on the other side of the aisle is upset BALART, talk about the billions of dol- I think we may be getting close to because his amendment that was of- lars. Yes, there is a great need of as- the answer if we look back at a few fered in the Rules Committee was not sistance to the Central Valley, but it’s things that were said a couple weeks allowed on the floor. The fact is his not all the San Joaquin. ago at a public event at the Depart- amendment was not germane to the The fact that the dam is wanting to ment of Interior. The distinguished underlying bill and not related to be pushed forth, I agree. We need addi- chairman, who is the sponsor of the water recycling. tional storage, but right now you need bill, the distinguished chairman of the Blaming the Endangered Species Act immediate results and water recycling Education Committee, took credit for by waiving it for 2 years to prevent im- is one of the tools that you need. the lawsuits that turned the pumps off. plementation of certain biological

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opinions will not put his constituents Mr. LINCOLN DIAZ-BALART of California (Mr. GEORGE MILLER), the back to work. More importantly, such Florida. Madam Speaker, I yield 3 min- sponsor of this legislation. an initiative would not turn on the utes to my friend from California (Mr. Mr. GEORGE MILLER of California. water pumps for the Central Valley. CAMPBELL). Madam Speaker, I rise in strong sup- To address the drought—the real Mr. CAMPBELL. I thank the gen- port of the rule and the underlying leg- cause of the water shortage in the re- tleman for yielding. islation, and I want to thank Ms. MAT- gion and the State—we must work col- You know, I am a native Californian, SUI, Ms. SLAUGHTER, and the entire lectively toward a solution. born in Los Angeles. In fact, I am a Rules Committee for their support. Madam Speaker, I yield 2 minutes to fourth-generation Californian. My fam- Today’s bill responds to a request for the gentleman from California (Mr. ily was a Gold Rush family in 1849. If assistance from the State of California COSTA). you look back in the history of Cali- and local water managers to expand Mr. COSTA. I thank my colleague. fornia for those 160 years, it has always the supply of water in our drought- Madam Speaker, I rise today to op- been about water, where there is water. stricken State. It does no more than pose H.R. 2442, the rule that we are Where we could get water in California that. It is good for our economy. This speaking on, the Bay Area Regional there are jobs, there is growth, there is bill will create thousands of jobs. It Water Recycling Program Expansion prosperity, there is opportunity. When will reduce the stress on our oversub- Act of 2009. While this measure by Con- we didn’t bring water to places in Cali- scribed fresh water system. This bill gressman MILLER has merit, there are fornia, we didn’t have those things. expands the water supply of six Bay plenty of meritorious water projects So this debate we are having now is Area communities, including my own and bills that we have repeatedly tried not new for our State, but it is impor- congressional district. to bring to the floor to help those of us tant for our State, and I understand This bill authorizes additional water where the drought is most expansive in why my colleagues from the Bay Area recycling through the successful Bu- the San Joaquin Valley, and unfortu- want this recycling program. As has reau of Reclamation’s title XVI pro- nately, they have been ignored. been mentioned, that is not really the gram. Title XVI allows local water Unfortunately, yesterday I learned issue here. managers to treat wastewater and use As my colleague Mr. MILLER and I that H.R. 2442 was reported out of the the clean recycled water for other pur- have discussed, in Orange County, Rules Committee with a closed rule, poses within their jurisdiction. This where I come from, we have some of and therefore, no amendments would bill would add 7.2 million gallons of the world’s leading recycling programs. be allowed. I oppose this rule because water per day to California’s water They work, they are effective, and we we need every opportunity to offer supply, enough water to meet the needs ought to do more of them in other amendments and to vote on legislation of 24,000 households. places. But what we are talking about that will bring water to our farmers, My bill is one of a series of water re- here is that there are other places our farmworkers, our farm commu- cycling bills that have been approved where we need water in California. nities, and our valley in the middle of Now, I don’t represent the Central by the House this year and in recent this drought crisis. Valley, but the Central Valley is the years to expand the water supply in My district is ground zero for this breadbasket of California, arguably of Republican and Democratic districts crisis. Towns from Mendota to Delano the country. There are jobs dis- alike throughout the West and the have 35 percent and more unemploy- appearing and there are businesses dis- Southwest. They have been passed ment. There is no water, there is no appearing and there are farms dis- without controversy, without amend- jobs, there is no money for our farms appearing, because of a man-made ment, without debate on the larger and farmworkers to put food on their water crisis. It is not because of a California water policy needs. tables. Can you imagine what it would drought. It is not because the water This year alone the House has passed be like if you lived in a community isn’t available. It is because we won’t by voice vote and overwhelming ma- where a third or more of your citizens turn on some pumps 12 months a year jorities five local water bills the same had no jobs? to provide the water to those farmers as this legislation to provide for this In the 1990s, I was working with so they can grow food for us and for the recycling and this reuse. Why has the many of those water districts, farmers, world, to create jobs, and to feed Amer- House done that? Because across the and urban and environmental groups to icans and generate export for our econ- State of California, the water users in pass legislation that would help fix omy. The water provided by those that State recognize the extent to California’s broken water system. Un- pumps, 25 percent of the water in which we can recycle and reuse water. fortunately, we made little progress. southern California and the L.A. area We take immediate pressure off of the We tried to establish a water ethos also comes from the Sacramento River entire California water system, both that we would all get healthy together Delta where those pumps come from. the Federal system and the State sys- again. Clearly, we are not getting The travesty of this bill is not what tem. healthy in the valley. Our valley agri- is in it; it is what is not in it. And what This is an investment in which there culture provides half the Nation’s could have been in it is the opportunity is unanimity that it must be made. fruits and vegetables, and they are to turn on those pumps, which have When you talk about doing this, you withering and dying out. Millions of been 12 months a year for over 50 years. are talking about helping the Central acre-feet of water have been diverted It is not like this is a new idea or Valley, because you release the pres- from the valley, and unfortunately, the new environment. It is to get that sure. When you do this, you are talking fisheries are not improving. water for San Francisco, and that is about helping the Delta. It is incumbent upon this body to great. But let’s get water for the Cen- Clearly the cities, the agencies in come together and help us fix this tral Valley and the farmers in Cali- southern California, believe this is im- problem. If we expect to get healthy fornia, and let’s get water for southern portant to their future. That is why again, we must secure a sustainable California as well. Let’s not just deal the cities have put up the money to water supply for every region of Cali- with one part of the State. Let’s deal match the Federal effort. That is why fornia, and for Congressmen CARDOZA, with the whole State. my colleagues from both sides of the RADANOVICH and myself, that begins So, Madam Speaker, I would ask that aisle have come forward and asked for with the San Joaquin valley. we reject this rule because of what it this legislation. That is why they have Let us start anew. Let us start with doesn’t have. Let’s give the Central been approved overwhelmingly on a leadership focusing on addressing Cali- Valley a chance. We need jobs. We need unanimous bipartisan basis, because fornia’s water crisis in the valley and economic activity. Turn those pumps they are critical to the long-term not shying away from this crisis. on. Turn this rule down. water needs. Congressman CARDOZA agrees with Ms. MATSUI. Madam Speaker, I You cannot help the Central Valley if my statement. yield 4 minutes to the gentleman from you cannot relieve the stress on an

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00030 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24992 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 oversubscribed system. It is just that Madam Speaker, the people of the watched this debate unfold here on the fact. The pumps are on. The pumps Central Valley are being crushed with floor, something about the depth of the have been on for months. But what record unemployment from a man- emotion in the voice and in the eyes of they would suggest you do is, you dev- made drought, from 14 percent to over DEVIN NUNES told me I needed to go see astate the San Francisco Bay Area. We 40 percent. Plain and simple, the ma- for myself, Mr. Speaker. have already lost tens of thousands of jority that runs this House is failing to So in late August, I went down to the jobs, from the fisheries, from the ice fix this problem. Jobs are being lost be- Fresno area and traveled the valley— stores, from the gas stations, from the cause the pumps were shut off. most of the valley, not all of the val- tourist businesses, from the loss of the At a time of crisis, when there is no ley—and I looked at 250,000 acres of salmon running from Monterey, the excuse for partisanship, some appear to man-made dust. And I know there are midcoast, all the way up to the Wash- be playing partisan games at the ex- at least 600,000 acres of man-made ington border. Those jobs have been pense of people’s livelihoods. Instead of drought in that Central Valley area, impacted. coming together as Republicans, Demo- and then I went up to San Francisco This is not a good situation. That is crats, and Independents, the solution with a heavy heart. And I can tell you why I said I haven’t lost many lawsuits to get the water flowing sits behind what I saw when I looked at that dust that I have supported. The point was to post office bills and this bill that would in the valley. I felt like that Indian in check your guns at the door and see if recycle water for use in San Francisco the commercial that saw his river full we could work together. And this has Bay. of junk and tires and the tear trickled agreement—it has unanimous agree- I ask this simple question: why are down his cheek to think that man ment of the water agencies across the we failing to take up a needed bill to could do that to man. And they’re wa- State that this is helpful. This will turn the pumps on to get the water tering the lawns in San Francisco make a difference. That is why they flowing again? This is not a liberal, while we have a man-made drought and have supported all these projects. conservative or moderate issue. This is they’re taking out dead trees from or- We can start to work together, water a commonsense issue. chards in California in the valley. agencies that today are down at the Madam Speaker, President Franklin I also led a codel to go look at the Department of the Interior trying to Delano Roosevelt once said the Nation swamp Arabs in Iraq, and there, Sad- see if we could get things done that the that destroys its soil destroys itself. dam Hussein, years ago we’ll know, de- last administration prohibited the Bu- Well, the pumps are off, the pipes are cided that he didn’t like the politics of reau of Reclamation from doing, such dry, the land is no longer able to the people in the south, the Shias in as entering new fish screens within the produce, and the soil is being de- the south that lived in that swamp, and Delta that we think will save 250,000 stroyed. How do you bring water to so he shut off and diverted the Tigris acre-feet of water. 250,000. Does that California with a closed rule? How do and Euphrates Rivers and shut off the sound familiar in the valley? you sit on this floor and say you are water and dried out the swamp Arabs But the last administration would bringing all these bills up for water but in the south. And I visited that area. It not let the Bureau of Reclamation take you deny the valley, you deny the was a political decision and a man- those projects, even though they would breadbasket and you deny the ability made drought for the swamp Arabs in be paid for by State funds. That is the for the pumps to be turned on? Iraq, and we’re quite proud that we importance of this legislation. This is I ask for a ‘‘no’’ vote on the rule. sent our American military in to turn about whether or not we as a State on that water and reflood that swamp b 1400 come together from the Oregon border and give them back the lifeblood of the to the Mexican border and solve this Ms. MATSUI. Madam Speaker, I just people in southern Iraq on the delta problem across all of our needs, which want to remind everyone here that ear- area there. is agriculture, which is business, which lier this year several other local water Here, we have the valley, and this is is municipal use of water. measures were resoundingly approved a battle going on between San Fran- We have the potential to do that, and by the House. They include the South cisco, the urban areas in California, these pieces of legislation are critical. Orange County Recycled Water En- and the most productive area in the That is why, up until now, the House hancement Act, which was in Rep- world. And I’m from Iowa and I’m say- decided on a joint bipartisan basis that resentative CALVERT’s district; the ing this. The most dollars per acre pro- we would get these bills as fast as we Lake Hodges Surface Water Improve- duced out of the valley of anyplace in can to the Senate and hopefully get ac- ment Act in Representative BILBRAY’s the world, and we have a man-made tion and get these projects underway, district; the Magna Water District drought. We’re watering lawns in San because the cities have already put up Reuse and Groundwater Recharge Act Francisco and diverting more water to the money, the engineering is done, the in Representative CHAFFETZ’ district of San Franciscans, who didn’t look to me projects are cleared. That is why many Utah; the Calleguas Municipal Water like they were very dry, and throwing of them were eligible for stimulus District Recycling project in Rep- dust in the face of the hardworking money, because they are ready to go. resentative GALLEGLY’s district; the people in the valley. They have been waiting to go. They Hermiston water recycling and reuse I can’t believe we can have a man- have been waiting, in fact in many project, Representative WALDEN of Or- made tragedy of this magnitude and cases a number of years, because the egon; the Tule River Tribe Water De- we’re told, check your guns at the administration wouldn’t put up the velopment Act in Representative door. Check your guns at the door money until the stimulus bill of this NUNES’ district. when the cards are dealt, and we have year. Until it was caught up in partisan- a closed rule that shuts off any debate Mr. LINCOLN DIAZ-BALART of ship, H.R. 2442 would have followed the other than on the rule itself, no amend- Florida. Mr. Speaker, I yield 3 minutes same procedure. H.R. 2442 is no dif- ments allowed, no vote being able to be to my friend from California (Mr. ferent than any of these bills. What is forced. We can’t shape policy in this MCCARTHY). different is politics. Congress if it’s being shaped up there Mr. MCCARTHY of California. I I reserve my time. in the hole in the wall. thank my friend from Florida. Mr. LINCOLN DIAZ-BALART of I want to bring that debate down to As I listen to my colleague from Cali- Florida. Mr. Speaker, I yield 3 minutes the floor. And if you at least have fornia, I rise opposed to this rule. You to my friend from Iowa (Mr. KING). enough courage to ask for an open rule cannot bring water to California when Mr. KING of Iowa. Mr. Speaker, I’m and allow some amendments so the you bring another closed rule to the here standing in support of Congress- Members of this Congress can weigh in, floor. You cannot bring debate to the man NUNES and the California delega- then the people of the country can floor when you don’t allow amend- tion that has spoken against this rule weigh in and they can have their voice ments. and for water for the valley. And as I heard. We can turn on the water.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00031 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24993 This is not about the minnow you’ll anges. The truth is that the Democrat- million acre-foot shortfall, 1.6 million find and other species. It’s about a controlled Rules Committee chose to is due to the drought. Only 500,000 of fight over the water. But a man-made hand a shiny red apple to the San the decreased results are from the drought and 600,000 acres, 40,000 jobs Francisco Bay Area and give a giant delta smelt ruling. lost, shut off the water to the swamp raspberry to the people in the San Joa- If anything, our colleagues who rep- Arabs, shut them off to the people quin Valley. resent that part of the State should down in the Central Valley. It is heart- The other argument I wish to address support H.R. 2442 as a means of fighting breaking, Mr. Speaker, and this has got and dispel is that the drought in Cali- against the drought. They should also to stop. The voice of the people needs fornia is an issue only for those in Cali- support it as a way to increase the to be heard. fornia to resolve. Mr. Speaker, if this amount of water available statewide Ms. MATSUI. Mr. Speaker, let me House can debate and vote on a bill to for local agencies to access. just say that five amendments were provide millions of taxpayer dollars, I reserve my time. submitted to the Rules Committee for Federal taxpayer dollars, for water Mr. LINCOLN DIAZ-BALART of this bill. All five were nongermane. Not projects in the San Francisco Bay Florida. Mr. Speaker, I yield 11⁄2 a single amendment would be allowed Area, then this House can certainly de- minute to my friend from Texas (Mr. on this floor under an open rule. bate and vote on providing relief to GOHMERT). I reserve my time. farmers and farmworkers that are de- Mr. GOHMERT. Mr. Speaker, I’m ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE nied Federal water by Federal lawsuits pleased that this bill will apparently The SPEAKER pro tempore (Mr. and Federal policies, again, in the San benefit people in the San Francisco SERRANO). The Chair will remind all Joaquin Valley of California. This isn’t Bay Area with water. As I understand persons in the gallery that they are a case of having your cake and eat it, it, I think we have some leadership on here as guests of the House, and that too. It’s a matter of water for San the majority side that is from that any manifestation of approval or dis- Francisco and none for the San Joa- area. And that’s wonderful that they’ll approval of proceedings or other audi- quin Valley. benefit with water, but it is deeply ble conversation is in violation of the Lastly, to the argument this is a troubling to hear people come to this rules of the House. California issue for Californians to re- floor and start trying to blame the past Mr. LINCOLN DIAZ-BALART of solve, I will note that the votes in the administration for water problems in Florida. Mr. Speaker, it’s my pleasure Rules Committee to block the amend- California. to yield 5 minutes to my friend from ments from being heard were by a mar- At what point are people going to ac- Washington (Mr. HASTINGS). gin of six ‘‘no’’ and five ‘‘yes.’’ All four knowledge, you know what? The Demo- Mr. HASTINGS of Washington. Mr. Republicans voted to allow the amend- cratic majority, we’re in the majority Speaker, I rise to strongly oppose this ments to be heard on the floor, as did as Democrats. We took control over 21⁄2 rule. As a former member of the Rules Mr. CARDOZA from California, and a years ago, and we’re responsible here. Committee, and currently as the rank- Democrat, but not one single one of We have had an opportunity to do ing member of the House Natural Re- Mr. CARDOZA’s Democrat colleagues something about this for over 2 years, sources Committee, I want to address joined him. We were told this is a Cali- and we have not done anything because several arguments that have been made fornia matter, and yet relief for the the majority leadership has chosen not that try to justify blocking amend- San Joaquin Valley is denied because to do anything. ments to provide relief for tens of thou- of the votes of Democrats on the Rules My friend DEVIN NUNES recruited me sands of suffering people suffering an Committee from New York, Massachu- over 2 years ago. He had me look at economic disaster in the San Joaquin setts, Florida, Maine, and Colorado, this, and I saw how the smelt were Valley as a result of a man-made and who all voted ‘‘no’’ to block discussion being protected, and that’s fine. But government-enforced drought. of these amendments on the House the smelt, the 2-inch minnow, while First, I want to specifically dispel floor. people are starving, the land is starv- the notion that allowing the House to The arguments of germaneness and ing, the people are starving, they’re vote on relief to these suffering com- it’s a California only matter are simply losing their jobs. munities wasn’t possible because excuses being used to try to hide the When DEVIN brought this to my at- amendments were nongermane. Mr. fact that the Democrat leaders who tention, it smelt badly back then. It Speaker, it is entirely within the power control this House don’t want to allow smelt badly a year ago. It’s smelt badly of the House Rules Committee to allow a vote on solutions and provide relief all this year, and now, my friends, it debate on any amendment that it wish- to the tens of thousands of people suf- stinks. It’s time to have open rules es and, conversely, to shut down debate fering in the San Joaquin Valley. that allow us to bring water to every- on any amendment they do not want to Mr. Speaker, I urge my colleagues to one who needs it. see discussed on the House floor. The vote ‘‘no’’ on this unfair rule. Ms. MATSUI. Mr. Speaker, I just Rules Committee does, can, and regu- Ms. MATSUI. Mr. Speaker, we are in want to say that further investing in larly does, waive the germaneness rule. a drought. We are in a drought. That’s water recycling is sound public policy. It simply refused to do so on this mat- a fact. And this legislation will help This bill would allow the Bay Area to ter because the Democrat leadership of ensure that future droughts in Cali- reuse water. This legislation would not this House doesn’t wish to have this fornia will have less of a damaging im- mandate additional water transfers or matter, this matter of the man-made pact. When water is used more effi- adversely affect California’s Central drought in the San Joaquin Valley, de- ciently, droughts like the one we are Valley in any way. H.R. 2442 is a bated or discussed on the House floor. currently experiencing become less se- proactive step taken by our delegation Any notion, any notion, Mr. Speaker, vere because we have built in defense to address California’s water situation that they couldn’t allow these amend- mechanisms. in a positive way. ments even 10 minutes of debate time We know that the drought, and not I’d like to yield 21⁄2 minutes to the followed by a vote is simply not true. the Endangered Species Act or House gentleman from Oregon (Mr. BLU- So let’s be clear about what we’re de- leadership, is the real reason why so MENAUER). bating here. The underlying bill relates many individuals are suffering in Cali- Mr. BLUMENAUER. I appreciate the to Federal water recycling projects in fornia’s Central Valley. In fact, accord- gentlewoman’s courtesy in permitting the San Francisco Bay Area of Cali- ing to Ron Milligan, the U.S. Bureau of me to speak on the rule. fornia. The amendments not made in Reclamation operations manager for I was sitting here waiting to speak order relate to Federal water supply the Central Valley Project, the average on the underlying legislation after the and a man-made drought in the San delta water exports prior to 2008 were rule is passed because I think it is an Joaquin Valley in California. This is 5.7 million acre-feet. In 2009, the export important ingredient towards dealing hardly a case of mixing apples and or- fell to 3.6 million acre-feet. Of the 2.1 with a serious problem in California

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that affects us all, but I am compelled tect the environment, be rational and Mr. NUNES and the others who know to come to the floor to support briefly be fair. this issue so intimately and feel it, ap- the rule that is brought before us. Mr. LINCOLN DIAZ-BALART of propriately, so passionately in rep- My friend from the other side of the Florida. Mr. Speaker, I yield 2 minutes resentation of their constituents, it’s aisle from Texas recently asked, won- to my friend from California (Mr. the only opportunity that they have to ders at what point the majority stops NUNES). be able to bring out the issue, to edu- blaming the Bush administration. I Mr. NUNES. I thank my friend from cate us. And it’s a shame because the would hope that at some point the mi- Florida. Congress as a whole, the House as a nority looks at a lost decade of Repub- I just want to make sure that we set whole, should be able to debate this lican stranglehold on reasonable envi- the record straight on this salmon fish- issue and consider it and decide it. ronmental policy, not just for Cali- ing issue. A lot of people are probably Mr. Speaker, over the last few fornia, but throughout the West, that watching out there and wondering, months, the American people have actually set us back. We’re playing well, are these salmon fishermen really written and called many of us and catch-up now on things that we should out of work? The truth is that the made their opinions known at meetings have done for years in water infra- salmon fishermen can still fish; they asking us whether we pledge to read structure and water policy. just can’t fish for salmon. And that is bills before we vote on them. The rea- because the government—us, this b 1415 son is that many people were outraged body—and others told the fishermen when they found out that the majority Second, the notion that somehow we that they cannot fish for salmon. leadership forced the Congress to vote are wasting water because it flows into Every other country in the world can on a number of sweeping and very ex- the delta and on into the Pacific fish for salmon, just us. pensive bills without giving Members Ocean, I will tell you, my fishermen in So not only are we not allowing the time to understand or even to read the the Pacific Northwest don’t think that salmon fishermen to fish, we are also bills. is a waste. They don’t think the paying them not to fish; several hun- smelt—which is a proxy for a col- dred million dollars we have given the For example, we were forced to vote lapsing ecosystem that is posing prob- salmon fishermen so that they will not on the final so-called stimulus bill and lems throughout the Pacific Northwest fish for salmon. Meanwhile, we have on the omnibus appropriations bill, and on historic fisheries and speaking to 40,000 people that are without work, on a cap-and-trade bill. I remember other environmental problems—is not and they get nothing. that one was presented to us at three a waste. So there is no correlation between in the morning in the Rules Com- I find it amusing to hear some people these pumps that have run for 50 years mittee, and a few hours after that we come to the floor and talk about a and salmon fishermen not fishing, ex- had it here on the floor. All those bills man-made, government-made drought. cept for this: the government says, were passed without Members being For heaven sakes, look at what’s hap- salmon fishermen, you can’t fish for able to read them, having time to do pening to the water levels; look at the salmon. The government also says, so. That’s no way to run the House, and areas there where they don’t even mon- keep the pumps shut off so that people so our constituents are rightfully itor what is happening with ground- in the San Joaquin Valley don’t have upset. water to keep careful control. The any water and can’t grow any crops to You would think that this issue of California legislature just tied itself provide Americans food. So this whole sufficient time to read legislation into knots unable to advance sensible argument about the poor salmon fish- should not be controversial. The distin- water policies. ermen is complete fiction. guished Speaker stated, and I quote, There is a governmental failure all I would like to know where my col- ‘‘Members should have at least 24 hours right, a governmental failure that at leagues were—some of them who were to examine bills and conference reports the Federal Government, the State in this body—in the 1980s when they before floor consideration,’’ and yet government, and the local government ran every Portuguese American fisher- that has not been the case time after we haven’t dealt meaningfully with man out of the San Diego area. There time after time. these conflicts. Instead we have treated were several thousand mostly Por- So 182 Members have signed a dis- farmers, fishermen, the environment tuguese fishermen, and nobody came to charge petition at the front desk that and local communities that rely on their aid. They fished for tuna. All would require all legislation to be these sources, we have treated them those jobs were lost to foreign coun- available to Members of Congress for shabbily. Well, now with the climate tries. And now all of a sudden we’re at least 72 hours before the legislation change and persistent drought and the here and we’re worried about salmon is brought to the House floor for a fact that some people aren’t going to fishermen? Bogus, absolutely bogus. vote. sit back and take it anymore, it’s com- Shameful on this body. So, accordingly, I will be asking for a ing home to roost. Ms. MATSUI. Mr. Speaker, I reserve ‘‘no’’ vote on the previous question so I hope that there is a more spirited my time. we can amend the rule and allow the and robust discussion about the re- Mr. LINCOLN DIAZ-BALART of House to consider that legislation, ality. I hope California gets its act to- Florida. Mr. Speaker, with regard to House Resolution 554, a bipartisan bill gether on a State level. the issue that’s been debated, one thing by my friends and colleagues, Rep- The SPEAKER pro tempore. The continues to come to mind: the merits resentatives BAIRD and CULBERSON. time of the gentleman has expired. of this issue, this water issue of such Ms. MATSUI. I yield an additional 30 importance to people in the San Joa- Now, with regard to any Members seconds to the gentleman. quin Valley in California, have been de- being concerned that that may jeop- Mr. BLUMENAUER. And I hope that bated during this rule debate because ardize consideration of the underlying the Federal Government makes up for there is no other option. legislation, I want to make it clear that lost decade. The substantive legislation, two that this motion provides for separate consideration of the Baird-Culberson We are in a situation now where amendments that Mr. NUNES came to water is the precious resource for going the Rules Committee and asked to be bill within 3 days so that we can vote forward, and what we’re seeing here is authorized for debate by the House, on this underlying legislation, the a blip on the radar screen that is going they were denied; they were not made water bill, and then once we’re done, to be affecting each and every State in order. So there is no other option consider House Resolution 554. across the country. We better stop pre- but during the time when we are debat- Having said that, I yield back the tending that this drought is somehow ing the rule, the terms of debate for an balance of my time. government caused. We need to get our underlying bill that will subsequently Ms. MATSUI. Mr. Speaker, I yield act together, get policies in place, pro- be debated, this is the only time when myself the remainder of my time.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00033 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24995 The rule before us today is a fair rule by the Minority Leader or his designee and if on a resolution reported from the Committee that allows us to make a strong Fed- printed in that portion of the Congressional on Rules, control shifts to the Member lead- eral commitment to sustaining Califor- Record designated for that purpose in clause ing the opposition to the previous question, nia’s economy, water supply, and our 8 of rule XVIII at least one legislative day who may offer a proper amendment or mo- prior to its consideration, which shall be in tion and who controls the time for debate environment. order without intervention of any point of thereon.’’ This bill was reported unanimously order or demand for division of the question, Clearly, the vote on the previous question by the National Resources Committee shall be considered as read and shall be sepa- on a rule does have substantive policy impli- on September 29. It was voted under rately debatable for twenty minutes equally cations. It is one of the only available tools suspension on September 30. It was in- divided and controlled by the proponent and for those who oppose the Democratic major- troduced in May. There has been ample an opponent; and (3) one motion to recommit ity’s agenda and allows those with alter- time for the minority to review this which shall not contain instructions. Clause native views the opportunity to offer an al- legislation. Now is the time to act on 1(c) of rule XIX shall not apply to the consid- ternative plan. eration of House Resolution 554. it. Ms. MATSUI. Mr. Speaker, I yield The Bay Area Regional Water Recy- (The information contained herein was back the balance of my time, and I cling Program Expansion Act would provided by Democratic Minority on mul- move the previous question on the res- lessen the limited demand for fresh tiple occasions throughout the 109th Con- olution. water by the region and the State. It is gress.) The SPEAKER pro tempore. The critical that we avoid partisan debate THE VOTE ON THE PREVIOUS QUESTION: WHAT question is on ordering the previous and disagreements over water issues IT REALLY MEANS question. and pass this legislation. This vote, the vote on whether to order the The question was taken; and the Moreover, the House has already ex- previous question on a special rule, is not Speaker pro tempore announced that pedited similar measures for a bipar- merely a procedural vote. A vote against or- the ayes appeared to have it. dering the previous question is a vote Mr. LINCOLN DIAZ-BALART of tisan collection of congressional dis- against the Democratic majority agenda and tricts across California. The south Or- a vote to allow the opposition, at least for Florida. Mr. Speaker, on that I demand ange County recycling project was the moment, to offer an alternative plan. It the yeas and nays. passed in February in Mr. CALVERT’s is a vote about what the House should be de- The yeas and nays were ordered. district. The Lake Hodges Surface bating. The SPEAKER pro tempore. Pursu- Water improvements was passed in Mr. Clarence Cannon’s Precedents of the ant to clause 9 of rule XX, the Chair House of Representatives, (VI, 308–311) de- April in Mr. BILBRAY’s district. The will reduce to 5 minutes the minimum scribes the vote on the previous question on time for any electronic vote on the Calleguas Municipal Water District re- the rule as ‘‘a motion to direct or control the cycling initiative was approved in Sep- consideration of the subject before the House question of adoption of the resolution. tember for Mr. GALLEGLY. The Magna being made by the Member in charge.’’ To The vote was taken by electronic de- Water District Reuse proposal in Utah defeat the previous question is to give the vice, and there were—yeas 237, nays was passed for Mr. CHAFFETZ’s district. opposition a chance to decide the subject be- 178, not voting 17, as follows: The Hermiston water recycling and fore the House. Cannon cites the Speaker’s [Roll No. 786] reuse project in Oregon was passed for ruling of January 13, 1920, to the effect that ‘‘the refusal of the House to sustain the de- YEAS—237 Mr. WALDEN’s district. And the Tule mand for the previous question passes the Abercrombie Davis (IL) Honda River Water Development Act was control of the resolution to the opposition’’ Ackerman Davis (TN) Hoyer passed by a vote of 417–3 in July for Mr. in order to offer an amendment. On March Adler (NJ) DeFazio Inslee NUNES’ district. Altmire DeGette Israel 15, 1909, a member of the majority party of- Andrews Delahunt Jackson (IL) Mr. Speaker, it is clear that local fered a rule resolution. The House defeated Arcuri DeLauro Jackson-Lee water projects typically have bipar- the previous question and a member of the Baca Dicks (TX) tisan support here in the House of Rep- opposition rose to a parliamentary inquiry, Baldwin Dingell Johnson, E. B. resentatives. I am disappointed that asking who was entitled to recognition. Barrow Doggett Kagen Bean Donnelly (IN) Kanjorski my colleagues on the other side of the Speaker Joseph G. Cannon (R–Illinois) said: ‘‘The previous question having been refused, Becerra Doyle Kaptur aisle have set aside that tradition, Berkley Driehaus Kennedy the gentleman from New York, Mr. Fitz- forcing us to bring this rule to the Berman Edwards (MD) Kildee gerald, who had asked the gentleman to Berry Edwards (TX) Kilpatrick (MI) floor today. yield to him for an amendment, is entitled to Bishop (GA) Ellison Kilroy I urge a ‘‘yes’’ vote on the previous the first recognition.’’ Bishop (NY) Ellsworth Kirkpatrick (AZ) question and on the rule. Because the vote today may look bad for Blumenauer Engel Kissell The material previously referred to the Democratic majority they will say ‘‘the Boccieri Eshoo Klein (FL) Boren Etheridge Kosmas by Mr. LINCOLN DIAZ-BALART of Florida vote on the previous question is simply a vote on whether to proceed to an immediate Boswell Farr Kucinich is as follows: Boucher Fattah Langevin vote on adopting the resolution . . . [and] Brady (PA) Filner Larsen (WA) AMENDMENT TO H. RES. 830 OFFERED BY MR. has no substantive legislative or policy im- Braley (IA) Foster Larson (CT) DIAZ-BALART plications whatsoever.’’ But that is not what Bright Frank (MA) Lee (CA) At the end of the resolution, insert the fol- they have always said. Listen to the defini- Brown, Corrine Fudge Levin lowing new section: tion of the previous question used in the Butterfield Giffords Lewis (GA) SEC. 2. On the third legislative day after Floor Procedures Manual published by the Capps Gonzalez Lipinski the adoption of this resolution, immediately Rules Committee in the 109th Congress, Capuano Gordon (TN) Loebsack Cardoza Grayson Lofgren, Zoe after the third daily order of business under (page 56). Here’s how the Rules Committee Carnahan Green, Al Lowey clause 1 of rule XIV and without interven- described the rule using information from Carson (IN) Green, Gene Luja´ n tion of any point of order, the House shall Congressional Quarterly’s ‘‘American Con- Castor (FL) Griffith Lynch proceed to the consideration of the resolu- gressional Dictionary’’: ‘‘If the previous Chandler Grijalva Maffei tion (H. Res. 554) amending the Rules of the question is defeated, control of debate shifts Chu Gutierrez Maloney House of Representatives to require that leg- to the leading opposition member (usually Clarke Hall (NY) Markey (CO) islation and conference reports be available the minority Floor Manager) who then man- Clay Halvorson Markey (MA) Clyburn Hare Marshall on the Internet for 72 hours before consider- ages an hour of debate and may offer a ger- Cohen Harman Massa ation by the House, and for other purposes. mane amendment to the pending business.’’ Connolly (VA) Hastings (FL) Matheson The resolution shall be considered as read. Deschler’s Procedure in the U.S. House of Conyers Heinrich Matsui The previous question shall be considered as Representatives, the subchapter titled Cooper Herseth Sandlin McCarthy (NY) ordered on the resolution and any amend- ‘‘Amending Special Rules’’ states: ‘‘a refusal Costello Higgins McDermott ment thereto to final adoption without in- to order the previous question on such a rule Courtney Himes McGovern tervening motion or demand for division of [a special rule reported from the Committee Crowley Hinchey McIntyre Cuellar Hinojosa McMahon the question except: (1) one hour of debate on Rules] opens the resolution to amend- Cummings Hirono McNerney equally divided and controlled by the chair ment and further debate.’’ (Chapter 21, sec- Dahlkemper Hodes Meek (FL) and ranking minority member of the Com- tion 21.2) Section 21.3 continues: Upon rejec- Davis (AL) Holden Meeks (NY) mittee on Rules; (2) an amendment, if offered tion of the motion for the previous question Davis (CA) Holt Michaud

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00034 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.000 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24996 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 Miller (NC) Rangel Space NOT VOTING—17 Peters Schauer Thompson (MS) Miller, George Reyes Speier Pingree (ME) Schiff Tierney Boyd Hall (TX) Radanovich Mitchell Richardson Spratt Polis (CO) Schrader Titus Cao Johnson (GA) Scalise Pomeroy Schwartz Moore (WI) Rodriguez Stark Carney Kind Smith (WA) Tonko Price (NC) Scott (GA) Moran (VA) Ross Stupak Cleaver McCollum Wasserman Towns Quigley Scott (VA) Murphy (CT) Rothman (NJ) Sutton Deal (GA) Melancon Schultz Tsongas Rahall Serrano Murphy (NY) Roybal-Allard Tanner Emerson Mollohan Waters Van Hollen Murphy, Patrick Ruppersberger Taylor Rangel Sestak Vela´ zquez Reyes Shea-Porter Murtha Rush Teague Visclosky b 1453 Richardson Sherman Nadler (NY) Ryan (OH) Thompson (CA) Walz Rodriguez Sires Napolitano Salazar Thompson (MS) Messrs. CHILDERS and GOODLATTE Rothman (NJ) Skelton Watson Neal (MA) Sa´ nchez, Linda Tierney changed their vote from ‘‘yea’’ to Roybal-Allard Slaughter Watt Nye T. Titus ‘‘nay.’’ Ruppersberger Snyder Waxman Oberstar Sanchez, Loretta Tonko Messrs. TANNER and WELCH Rush Space Weiner Obey Sarbanes Towns Ryan (OH) Speier Welch Olver Schakowsky Tsongas changed their vote from ‘‘nay’’ to Salazar Spratt Wexler Ortiz Schauer Van Hollen ‘‘yea.’’ Sa´ nchez, Linda Stark Wilson (OH) Pallone Schiff Vela´ zquez So the previous question was ordered. T. Stupak Woolsey Pascrell Schrader Visclosky The result of the vote was announced Sanchez, Loretta Sutton Wu Pastor (AZ) Schwartz Walz Sarbanes Teague Yarmuth Payne Scott (GA) Watson as above recorded. Schakowsky Thompson (CA) Perlmutter Scott (VA) Watt The SPEAKER pro tempore. The Perriello Serrano Waxman question is on the resolution. NAYS—193 Peters Sestak Weiner The question was taken; and the Aderholt Foster Moran (KS) Peterson Shea-Porter Welch Akin Foxx Murphy (NY) Pingree (ME) Sherman Speaker pro tempore announced that Wexler Alexander Franks (AZ) Murphy, Tim Polis (CO) Shuler the ayes appeared to have it. Wilson (OH) Altmire Frelinghuysen Myrick Pomeroy Sires Woolsey Mr. LINCOLN DIAZ-BALART of Austria Gallegly Neugebauer Price (NC) Skelton Wu Florida. Mr. Speaker, on that I demand Bachmann Garrett (NJ) Nunes Quigley Slaughter Yarmuth the yeas and nays. Bachus Gerlach Olson Rahall Snyder Barrett (SC) Gingrey (GA) The yeas and nays were ordered. Paul Barrow Gohmert Paulsen NAYS—178 The SPEAKER pro tempore. This Bartlett Goodlatte Pence Barton (TX) Granger Aderholt Frelinghuysen Moore (KS) will be a 5-minute vote. Peterson Biggert Graves Akin Gallegly Moran (KS) Petri The vote was taken by electronic de- Bilbray Griffith Alexander Garrett (NJ) Pitts Murphy, Tim vice, and there were—yeas 221, nays Bilirakis Guthrie Austria Gerlach Platts Myrick Bishop (UT) Harper Bachmann Gingrey (GA) 193, not voting 18, as follows: Neugebauer Blackburn Hastings (WA) Poe (TX) Bachus Gohmert Nunes [Roll No. 787] Blunt Heller Posey Baird Goodlatte Olson Boehner Hensarling Price (GA) Barrett (SC) Granger YEAS—221 Paul Bonner Herseth Sandlin Putnam Bartlett Graves Abercrombie Doyle Klein (FL) Paulsen Bono Mack Hill Rehberg Barton (TX) Guthrie Ackerman Driehaus Kosmas Pence Boozman Hoekstra Reichert Biggert Harper Adler (NJ) Edwards (MD) Kucinich Petri Boren Hunter Roe (TN) Bilbray Hastings (WA) Andrews Edwards (TX) Langevin Pitts Boswell Inglis Rogers (AL) Bilirakis Heller Arcuri Ellison Larsen (WA) Platts Boustany Issa Rogers (KY) Bishop (UT) Hensarling Baca Engel Larson (CT) Poe (TX) Brady (TX) Jenkins Rogers (MI) Blackburn Herger Baird Eshoo Lee (CA) Bright Johnson (IL) Rohrabacher Blunt Hill Posey Baldwin Etheridge Levin Broun (GA) Johnson, Sam Rooney Boehner Hoekstra Price (GA) Bean Farr Lewis (GA) Brown (SC) Jones Ros-Lehtinen Bonner Hunter Putnam Becerra Fattah Lipinski Brown-Waite, Jordan (OH) Roskam Bono Mack Inglis Rehberg Berkley Filner Loebsack Ginny King (IA) Ross Boozman Issa Reichert Berman Frank (MA) Lofgren, Zoe Buchanan King (NY) Royce Boustany Jenkins Roe (TN) Berry Fudge Lowey Burgess Kingston Ryan (WI) Brady (TX) Johnson (IL) Rogers (AL) Bishop (GA) Giffords Luja´ n Burton (IN) Kirk Broun (GA) Johnson, Sam Rogers (KY) Bishop (NY) Gonzalez Lynch Schmidt Buyer Kline (MN) Brown (SC) Jones Rogers (MI) Blumenauer Gordon (TN) Maffei Schock Calvert Kratovil Brown-Waite, Jordan (OH) Rohrabacher Boccieri Grayson Maloney Sensenbrenner Camp Lamborn Ginny King (IA) Rooney Boucher Green, Al Markey (CO) Sessions Campbell Lance Buchanan King (NY) Ros-Lehtinen Brady (PA) Green, Gene Markey (MA) Shadegg Cantor Latham Burgess Kingston Braley (IA) Grijalva Marshall Shimkus Roskam Capito LaTourette Burton (IN) Kirk Brown, Corrine Gutierrez Massa Shuler Royce Cardoza Latta Buyer Kline (MN) Butterfield Hall (NY) Matheson Shuster Ryan (WI) Carter Lee (NY) Calvert Kratovil Capps Halvorson Matsui Simpson Schmidt Cassidy Lewis (CA) Camp Lamborn Capuano Hare McCarthy (NY) Smith (NE) Schock Castle Linder Campbell Lance Carnahan Harman McDermott Smith (NJ) Sensenbrenner Chaffetz LoBiondo Cantor Latham Carson (IN) Hastings (FL) McGovern Smith (TX) Sessions Childers Lucas Capito LaTourette Castor (FL) Heinrich McIntyre Souder Shadegg Coble Luetkemeyer Carter Latta Chandler Higgins McMahon Stearns Shimkus Coffman (CO) Lummis Cassidy Lee (NY) Chu Himes McNerney Sullivan Shuster Cole Lungren, Daniel Castle Lewis (CA) Clarke Hinchey Meek (FL) Tanner Simpson Conaway E. Chaffetz Linder Clay Hinojosa Meeks (NY) Taylor Smith (NE) Costa Mack Childers LoBiondo Clyburn Hirono Michaud Smith (NJ) Crenshaw Manzullo Terry Coble Lucas Cohen Hodes Miller (NC) Smith (TX) Culberson Marchant Thompson (PA) Coffman (CO) Luetkemeyer Connolly (VA) Holden Miller, George Souder Davis (KY) McCarthy (CA) Thornberry Cole Lummis Conyers Holt Mitchell Stearns Davis (TN) McCaul Tiahrt Conaway Lungren, Daniel Cooper Honda Moore (WI) Sullivan Dent McClintock Tiberi Costa E. Costello Hoyer Moran (VA) Diaz-Balart, L. McCotter Turner Crenshaw Mack Terry Courtney Inslee Murphy (CT) Diaz-Balart, M. McHenry Upton Culberson Manzullo Thompson (PA) Crowley Israel Murphy, Patrick Dreier McKeon Walden Davis (KY) Marchant Thornberry Cuellar Jackson (IL) Murtha Duncan McMorris Wamp Dent McCarthy (CA) Tiahrt Cummings Jackson-Lee Nadler (NY) Ehlers Rodgers Westmoreland Diaz-Balart, L. McCaul Tiberi Dahlkemper (TX) Napolitano Ellsworth Mica Whitfield Diaz-Balart, M. McClintock Turner Davis (AL) Johnson, E. B. Neal (MA) Fallin Miller (FL) Wilson (SC) Dreier McCotter Upton Davis (CA) Kagen Nye Flake Miller (MI) Wittman Duncan McHenry Walden Davis (IL) Kanjorski Oberstar Fleming Miller, Gary Wolf Ehlers McKeon Wamp DeFazio Kaptur Obey Forbes Minnick Young (AK) Fallin McMorris Westmoreland DeGette Kennedy Ortiz Fortenberry Moore (KS) Young (FL) Flake Rodgers Whitfield Delahunt Kildee Pallone Fleming Mica Wilson (SC) DeLauro Kilpatrick (MI) Pascrell Forbes Miller (FL) Wittman Dicks Kilroy Pastor (AZ) NOT VOTING—18 Fortenberry Miller (MI) Wolf Dingell Kind Payne Boyd Cleaver Hall (TX) Foxx Miller, Gary Young (AK) Doggett Kirkpatrick (AZ) Perlmutter Cao Deal (GA) Herger Franks (AZ) Minnick Young (FL) Donnelly (IN) Kissell Perriello Carney Emerson Johnson (GA)

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00035 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24997 McCollum Radanovich Wasserman nounced that the Senate agrees to the nance of the project authorized by this sec- Melancon Scalise Schultz report of the committee of conference tion. Mollohan Smith (WA) Waters on the disagreeing votes of the two ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Olver There is authorized to be appropriated to Houses on the amendment of the Sen- b 1501 carry out this section $1,150,000. ate to the bill (H.R. 3183) ‘‘An Act mak- ‘‘SEC. 16. PETALUMA RECYCLED WATER Ms. LORETTA SANCHEZ of Cali- ing appropriations for energy and PROJECT, PHASES 2A, 2B, AND 3. fornia and Mr. DONNELLY of Indiana water development and related agen- ‘‘(a) AUTHORIZATION.—The Secretary, in co- changed their vote from ‘‘nay’’ to cies for the fiscal year ending Sep- operation with the City of Petaluma, Cali- ‘‘yea.’’ tember 30, 2010, and for other pur- fornia, is authorized to participate in the de- So the resolution was agreed to. poses.’’. sign, planning, and construction of recycled The result of the vote was announced water system facilities. f as above recorded. ‘‘(b) COST SHARE.—The Federal share of the A motion to reconsider was laid on BAY AREA REGIONAL WATER RE- cost of the project authorized by this section the table. CYCLING PROGRAM EXPANSION shall not exceed 25 percent of the total cost ACT OF 2009 of the project. f ‘‘(c) LIMITATION.—The Secretary shall not REMOVAL OF NAMES OF MEM- Mr. GEORGE MILLER of California. provide funds for the operation and mainte- Mr. Speaker, pursuant to House Reso- nance of the project authorized by this sec- BERS AS COSPONSORS OF H.R. tion. 1989 lution 830, I call up the bill (H.R. 2442) to amend the Reclamation Wastewater ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mrs. CAPITO. Mr. Speaker, I ask and Groundwater Study and Facilities There is authorized to be appropriated to carry out this section $6,000,000. unanimous consent to remove as co- Act to expand the Bay Area Regional sponsors from H.R. 1989 the following ‘‘SEC. 16. CENTRAL REDWOOD CITY RECYCLED Water Recycling Program, and for WATER PROJECT. Representatives: Mr. BARTLETT, Mr. other purposes, and ask for its imme- ‘‘(a) AUTHORIZATION.—The Secretary, in co- BILBRAY, Mr. LATTA and Mr. SOUDER. diate consideration in the House. operation with the City of Redwood City, The SPEAKER pro tempore (Mr. The Clerk read the title of the bill. California, is authorized to participate in the DRIEHAUS). Is there objection to the re- The SPEAKER pro tempore. Pursu- design, planning, and construction of recy- quest of the gentlewoman from West ant to House Resolution 830, the cled water system facilities. Virginia? amendment printed in House Report ‘‘(b) COST SHARE.—The Federal share of the There was no objection. cost of the project authorized by this section 111–301 is adopted and the bill, as shall not exceed 25 percent of the total cost f amended, is considered read. of the project. REMOVAL OF NAMES OF MEM- The text of the bill, as amended, is as ‘‘(c) LIMITATION.—The Secretary shall not BERS AS COSPONSORS OF H.R. follows: provide funds for the operation and mainte- 3413 H.R. 2442 nance of the project authorized by this sec- Be it enacted by the Senate and House of Rep- tion. ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mrs. CAPITO. Mr. Speaker, I ask resentatives of the United States of America in There is authorized to be appropriated to unanimous consent to remove as co- Congress assembled, carry out this section $8,000,000. sponsors from H.R. 3413 the following SECTION 1. SHORT TITLE. Representatives: Mr. AL GREEN of ‘‘SEC. 16. PALO ALTO RECYCLED WATER PIPE- This Act may be cited as the ‘‘Bay Area LINE PROJECT. Texas and Ms. JENKINS. Regional Water Recycling Program Expan- ‘‘(a) AUTHORIZATION.—The Secretary, in co- The SPEAKER pro tempore. Is there sion Act of 2009’’. operation with the City of Palo Alto, Cali- objection to the request of the gentle- SEC. 2. PROJECT AUTHORIZATIONS. fornia, is authorized to participate in the de- woman from West Virginia? (a) IN GENERAL.—The Reclamation Waste- sign, planning, and construction of recycled There was no objection. water and Groundwater Study and Facilities water system facilities. Act (43 U.S.C. 390h et seq.) (as amended by f ‘‘(b) COST SHARE.—The Federal share of the section 512(a) of the Consolidated Natural cost of the project authorized by this section APPOINTMENT OF MEMBERS TO Resources Act of 2008) is amended by adding shall not exceed 25 percent of the total cost BOARD OF VISITORS TO THE at the end the following: of the project. UNITED STATES MILITARY ‘‘SEC. 16. CCCSD-CONCORD RECYCLED WATER ‘‘(c) LIMITATION.—The Secretary shall not ACADEMY PROJECT. provide funds for the operation and mainte- ‘‘(a) AUTHORIZATION.—The Secretary, in co- nance of the project authorized by this sec- The SPEAKER pro tempore. Pursu- operation with the Central Contra Costa tion. ant to 10 U.S.C. 4355(a), and the order of Sanitary District, California, is authorized ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— the House of January 6, 2009, the Chair to participate in the design, planning, and There is authorized to be appropriated to announces the Speaker’s appointment construction of recycled water distribution carry out this section $8,250,000. of the following Members of the House systems. ‘‘SEC. 16. IRONHOUSE SANITARY DISTRICT (ISD) to the Board of Visitors to the United ‘‘(b) COST SHARE.—The Federal share of the ANTIOCH RECYCLED WATER cost of the project authorized by this section PROJECT. States Military Academy: shall not exceed 25 percent of the total cost ‘‘(a) AUTHORIZATION.—The Secretary, in co- Mr. LEWIS, California of the project. operation with the Ironhouse Sanitary Dis- Mr. SHIMKUS, Illinois ‘‘(c) LIMITATION.—The Secretary shall not trict (ISD), California, is authorized to par- f provide funds for the operation and mainte- ticipate in the design, planning, and con- nance of the project authorized by this sec- struction of recycled water distribution sys- APPOINTMENT OF MEMBERS TO tion. tems. NATIONAL COUNCIL ON THE ARTS ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(b) COST SHARE.—The Federal share of the The SPEAKER pro tempore. Pursu- There is authorized to be appropriated to cost of the project authorized by this section ant to 20 U.S.C. 955(b), and the order of carry out this section $1,800,000. shall not exceed 25 percent of the total cost ‘‘SEC. 16. CENTRAL DUBLIN RECYCLED WATER of the project. the House of January 6, 2009, the Chair DISTRIBUTION AND RETROFIT ‘‘(c) LIMITATION.—The Secretary shall not announces the Speaker’s appointment PROJECT. provide funds for the operation and mainte- of the following Members of the House ‘‘(a) AUTHORIZATION.—The Secretary, in co- nance of the project authorized by this sec- to the National Council on the Arts: operation with the Dublin San Ramon Serv- tion. Ms. MCCOLLUM, Minnesota ices District, California, is authorized to par- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— Mr. CARNAHAN, Missouri ticipate in the design, planning, and con- There is authorized to be appropriated to struction of recycled water system facilities. carry out this section $7,000,000.’’. f ‘‘(b) COST SHARE.—The Federal share of the (b) PROJECT IMPLEMENTATION.—In carrying FURTHER MESSAGE FROM THE cost of the project authorized by this section out sections 1642 through 1648 of the Rec- SENATE shall not exceed 25 percent of the total cost lamation Wastewater and Groundwater of the project. Study and Facilities Act, and the sections A further message from the Senate ‘‘(c) LIMITATION.—The Secretary shall not added to such Act by subsection (a), the Sec- by Ms. Curtis, one of its clerks, an- provide funds for the operation and mainte- retary shall enter into individual agreements

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00036 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 24998 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 with the San Francisco Bay Area Regional tremendous leadership, dedication, per- drought is to gut environmental laws Water Recycling implementing agencies to sistence and patience with which he and overturn court decisions. Perhaps fund the projects through the Bay Area has handled the pending legislation. I that Member should propose a rain Clean Water Agencies (BACWA) or its suc- wish to also commend our distin- dance as well. cessor, and shall include in such agreements a provision for the reimbursement of con- guished chairlady of our Subcommittee So it is time to support H.R. 2442 and struction costs, including those construction on Water on our Natural Resources move forward with practical solutions costs incurred prior to the enactment of this Committee, the gentlelady from Cali- for a real drought in California. I urge Act, subject to appropriations made avail- fornia, Mrs. GRACE NAPOLITANO. support of the legislation. able for the Federal share of the project I do rise in my capacity as chairman Mr. HASTINGS of Washington. Mr. under sections 1642 through 1648 of the Rec- of the Committee on Natural Resources Speaker, I yield myself such time as I lamation Wastewater and Groundwater to support the pending legislation may consume. Study and Facilities Act and the sections which was favorably reported out of Mr. Speaker, I rise reluctantly to op- added to such Act by subsection (a). our committee without controversy. pose this bill. I say reluctantly, be- (c) CLERICAL AMENDMENTS.—The table of contents of the Reclamation Projects Au- By now, I would think that most of cause I and colleagues on my side of thorization and Adjustment Act of 1992 (43 us are aware that there are major the aisle do support water recycling. U.S.C. prec. 371) (as amended by section issues associated with drought and ag- We think it’s a valuable tool for pro- 512(a) of the Consolidated Natural Resources riculture in California. While the rainy viding water to our farmers and com- Act of 2008) is amended by adding at the end season has hit parts of the State, it munities across America, just as water the following: will do little to refill reservoirs that storage is, Mr. Speaker, a tool for pro- ‘‘Sec. 1649. CCCSD-Concord recycled water haven’t seen normal level of rainfall viding water for our communities. project. for years. The impacts of the drought Mr. Speaker, the Democrat sponsor ‘‘Sec. 1650. Central Dublin recycled water are obvious, whether we’re talking of this legislation, and the manager of distribution and retrofit this bill, the gentleman from Cali- project. about brown lawns, fallowed fields or ‘‘Sec. 1651. Petaluma recycled water project, increased water rates for struggling fornia, has said previously, and is cor- phases 2a, 2b, and 3. families. rect, that Republican water recycling ‘‘Sec. 1652. Central Redwood City recycled To address this dire situation, the bills have passed this House. That’s water project. pending measure is based on the prac- correct. The question is, then, why is ‘‘Sec. 1653. Palo Alto recycled water pipeline tical idea of conservation through this bill different? project. reuse. By recycling water, this bill And the answer, Mr. Speaker, is very ‘‘Sec. 1654. Ironhouse Sanitary District would create 39,000 acre-feet of water simple. When there is an economic dis- (ISD) Antioch recycled water project.’’. or enough water to supply over 24,000 aster occurring in the San Joaquin Valley of California, when man-made SEC. 3. MODIFICATION TO AUTHORIZED homes. We’re bringing this legislation PROJECTS. up under a rule today because a very and government-enforced drought has (a) ANTIOCH RECYCLED WATER PROJECT.— vocal minority opposed this bill for dried up farm after farm in that valley, Section 1644(d) of the Reclamation Waste- reasons unrelated to the merits of the with 40,000 workers unemployed, stand- water and Groundwater Study and Facilities legislation. ing in food lines and being ignored by Act (43 U.S.C. 390h–27) (as amended by sec- I’m fortunate to come from a State the leadership in this House, when so- tion 512(a) of the Consolidated Natural Re- with abundant water resources. I un- lutions to bring water and relief to this sources Act of 2008) is amended by striking derstand how water is critical for both area have been blocked and stymied ‘‘$2,250,000’’ and inserting ‘‘$3,125,000’’. (b) SOUTH BAY ADVANCED RECYCLED WATER people and our economy. What I do not again by the leadership in this House, TREATMENT FACILITY.—Section 1648(d) of the understand is why some Members on then a point comes, Mr. Speaker, when Reclamation Wastewater and Groundwater the other side want to use this bill as Members of this House have to say Study and Facilities Act (43 U.S.C. 390h–31) a strawman so they can demagogue enough is enough. (as amended by section 512(a) of the Consoli- Democrats on the drought issue. The water recycling bill before us dated Natural Resources Act of 2008) is One Republican Member from Cali- benefits the San Francisco Bay Area. amended by striking ‘‘$8,250,000’’ and insert- fornia in particular filed a number of The Speaker of the House represents ing ‘‘$13,250,000’’. amendments that are very good at gen- the city of San Francisco, and one of The SPEAKER pro tempore. The gen- erating headlines and controversy. Un- her top deputies, who happens to be the tleman from California (Mr. GEORGE fortunately, the amendments were not sponsor of this bill, is also from the MILLER) and the gentleman from Wash- germane to the subject matter of the Bay Area. ington (Mr. HASTINGS) each will con- bill before us, nor are they very This bill provides millions of Federal trol 30 minutes. thoughtful or realistic solutions to the taxpayer dollars for the Bay Area while The Chair recognizes the gentleman crisis before us. tens of thousands of their fellow citi- from California. Opposition to this legislation is like zens suffer economic devastation just a GENERAL LEAVE cutting off one’s nose to spite one’s few hours south and inland in the San Mr. GEORGE MILLER of California. face. Water supply issues in California Joaquin Valley. Mr. Speaker, I ask unanimous consent are not a zero sum game. Creating All that was sought by the two Re- that all Members may have 5 legisla- more water through reuse in urbanized publican Members from the San Joa- tive days to revise and extend their re- areas reduces pressure on water de- quin Valley, with the express support, I marks and include extraneous material mands elsewhere in the State. If oppo- might add, of one of their Members on H.R. 2442. nents to this legislation want to work from California in the same area on the The SPEAKER pro tempore. Is there towards solving California’s water Rules Committee, was to a have a objection to the request of the gen- woes, then I suggest getting real about chance, just a chance, to make their tleman from California? finding solutions and stop the partisan case on the House floor and to vote for There was no objection. political attacks. a solution to this disaster in the San Mr. GEORGE MILLER of California. The bill before us today creates new Joaquin Valley. Mr. Speaker, I yield 3 minutes to the water resources through reuse. We Mr. Speaker, they didn’t ask that the chairman of the Natural Resources have brought up bill after bill doing amendments that they wanted made in Committee, the gentleman from West the same thing before this body with- order be passed. They just asked for Virginia (Mr. RAHALL). out any controversy, including bills for the ability to be heard so they could Mr. RAHALL. Mr. Speaker, I wish to, my Republican colleagues in southern persuade others to perhaps vote with in the very beginning, commend the California, Utah and Oregon. them. That is all any of us could ask. gentleman from California, the chair- The only reason we are here today Mr. Speaker, that chance has been de- man of our Committee on Education debating this legislation is because one nied. It has been blocked. Their amend- and Labor, Mr. GEORGE MILLER, for the Member thinks a solution to a severe ments were deemed nongermane. It has

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00037 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 24999 been labeled as irrelevant to the bill for the purposes of entering into a col- Mr. CALVERT. Mr. Speaker, under before us. loquy with the gentlewoman from Cali- normal circumstances, the legislation Mr. Speaker, might does not make fornia (Mrs. NAPOLITANO), the chair- before us would be approved without right when it comes to who controls woman of the Subcommittee on Water much attention or controversy. The the House because what the leadership and Power. bill simply authorizes water recycling is unwilling to do is potentially provide Madam Chair, I appreciate your sup- projects, which I strongly support. relief to those that have been hurt by port for my legislation for helping to However, we are not living under nor- this man-made drought in the San Joa- expand California’s water supply. Is it mal circumstances. We are living in quin Valley and the policies of this true when the House considered the the midst of a crisis. The ongoing Federal Government. water recycling bill for Mr. GALLEGLY water crisis in California has created It has been stated, also, that the of California just last month no amend- an economic downturn up and down the drought disaster is a California issue. ments were sought by the minority and State. Statewide, the unemployment The implication of that is that this is none were included, in his water recy- rate has risen to more than 12 percent. not of concern to other Americans. Mr. cling bill, and that was approved by a In the Central Valley, regional unem- Speaker, that simply is wrong. What is voice vote? ployment has reached 20 percent, with happening in the San Joaquin Valley of Mrs. NAPOLITANO. The gentleman some communities’ unemployment now California does affect all Americans. If is correct. The water recycling bill for over 40 percent. this water recycling bill to benefit the California for Mr. GALLEGLY was ap- California’s water crisis is the result Bay Area is worthy of consideration by proved by a voice vote by the House of water conditions, on top of the feder- the representatives of all 50 States in last month, and no amendments were this House, then so is the drought dis- asked for and none were included. ally imposed pumping restrictions that aster issue. Mr. GEORGE MILLER of California. have been placed on our State’s critical Mr. Speaker, if this can happen in Madam Chair, is it also true that so far water infrastructure. While the water California, then what of the farmers in this year the House has approved five pumping restrictions are undeniably the central Washington district that I water recycling or water reuse bills for hurting California’s water economy, represent? Hundreds of thousands of Members of the minority party and there is no clear evidence that endan- acres of farmland are irrigated in my that no amendments at that time were gered species are actually benefiting district with water delivered by Fed- sought for any of those five bills, that from the measures intended to protect eral pumps and from Federal res- those five water bills were each ap- them. ervoirs. I do not ever want to see the proved under suspension of the rules, The fact remains that the flaws and day that a government-enforced either by a voice vote or by a substan- shortcomings of the Endangered Spe- drought devastates these communities tial majority vote? cies Act have tied the hands of judges that I represent. Mrs. NAPOLITANO. Again, the gen- and water resource planners, creating a This isn’t the first instance when tleman is correct. So far this year the man-made drought that is killing jobs Federal policies have threatened to cut House has approved five water bills, all in California. So what is the majority off water to tens of thousands of peo- for recycling or water reuse for Mem- of the House doing to address the clear ple. Earlier in this decade, the city of bers of the minority party, and no and obvious deficiencies in the Endan- Albuquerque, New Mexico, was threat- amendments were offered by the mi- gered Species Act? The answer is abso- ened with the loss of its water supply nority or the majority to any of those lutely nothing. due to the presence of the silvery min- five bills which, by the way, were Mr. The reality is that the leadership of now. Congress acted rightfully to pro- ISSA, Mrs. BONO MACK, Mr. CALVERT, the House is too afraid to allow an vide relief to New Mexico when the Mr. CHAFFETZ, and Mr. DREIER; and open and free debate on these policies House and the Senate, in a bipartisan they were approved by a voice vote or because they know if reasonable people way, voted for a remedy to Albuquer- by substantial majorities. are given a chance, they would over- que’s problem. Today, unfortunately, Mr. GEORGE MILLER of California. whelmingly reject failed policies aimed there is no relief to come to the San I thank the gentlewoman. to protect fish and support efforts to Joaquin Valley as relief did come to Madam Chair, if I can pursue further, give water to people who are struggling those in Albuquerque. finally, is it true that when my bill, just to survive. And the relief that is being sought, I H.R. 2442, was considered by the Water There are a number of bills sponsored might add, Mr. Speaker, is not a bail- and Power Subcommittee in the full by Members in the minority that would out. The amendments that were offered Natural Resources Committee earlier restore some common sense to our simply were a plea, and it was not a this year, no amendments were offered water and environmental policies. Per- plea for stimulus funding or for any by the minority or the majority and haps if the Democratic leadership money. It was simply for an oppor- the bill was reported out by unanimous would allow these bills to come to the tunity to allow the Federal Govern- consent? floor, legislation like this would be ap- Mrs. NAPOLITANO. True, the gen- ment to provide for water flow. It proved without much attention or tleman is again correct. H.R. 2442 was didn’t cost anything. But yet it was much controversy. not given an opportunity. approved by unanimous consent, and no amendments were offered by the mi- Mr. GEORGE MILLER of California. So, Mr. Speaker, if the House is going I yield 3 minutes to the gentleman to provide authorization to spend tens nority or the majority. Mr. GEORGE MILLER of California. from Oregon (Mr. BLUMENAUER). of millions of taxpayer dollars to pro- Mr. BLUMENAUER. Mr. Speaker, I vide recycled water to the Francisco I thank the gentlewoman for engaging me in this colloquy, and I also want to listened to my friend from California Bay Area, then this House should be say that if we would just allow some of voting on legislation that brings relief thank her for her groundbreaking work in bringing water recycling and reuse these proposals to come to the floor, to Californians suffering from this dev- they would just be approved without astating man-made drought. to the forefront of the consideration by the Bureau of Reclamation as an im- any controversy. b 1515 portant source of new water in Cali- I beg to differ. Suspending the En- Mr. Speaker, it’s on these grounds, fornia and throughout the west and dangered Species Acts, overturning even though I support the concept of southwestern United States. biops, dealing with issues that have water recycling, it’s on these grounds I reserve the balance of my time. been in the works for years to try and that I have to stand here and urge a Mr. HASTINGS of Washington. Mr. balance the equities would be noticed. ‘‘no’’ vote on this bill. Speaker, I am pleased to yield 2 min- It’s one of the reasons why the Repub- I reserve the balance of my time. utes to the gentleman from California, licans, when they controlled every- Mr. GEORGE MILLER of California. a former member of the Natural Re- thing for 6 years, didn’t move anything Mr. Speaker, I yield myself 3 minutes sources Committee, Mr. CALVERT. remotely like that.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00038 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25000 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 The American public, Native Ameri- tral Valley by these regulations. It’s I raised these issues in committee. I cans, hunters and fishermen, the fish- morally unconscionable that water re- did not actively oppose the bill, be- eries industry, they rely on some sem- cycling bills to benefit the pampered cause the House has yet to set fiscal blance of reality when we are dealing and privileged communities of San standards for recycling measures like with water policy. I commend the gen- Francisco can sail through the House this one. It needs to. tleman for bringing forward something while 40,000 families have lost their But I also must agree with Ranking that is a constructive solution that can jobs in the San Joaquin Valley because Member HASTINGS and Congressman pass and isn’t going to be tied up in this government has diverted 200 bil- NUNES and others that it’s a travesty court for years. That’s not going to put lion gallons of water in order to in- that we should vote for 2.5 billion more people out of work. That’s, in fact, dulge one of the environmental left’s gallons of water for San Francisco going to create jobs. It’s going to cre- pet causes, the delta smelt. while taking away 200 billion gallons of ate water. It’s going to reduce the pres- But I would like to address some of water from the Central Valley of Cali- sure. the basic economics of these recycling fornia. Instead, we are hearing our friends bills. A generation ago the principal At the same time that the Central from the other side of the aisle ignore objective of our water policy was to Valley taxpayers are struggling with the very real problems that we are fac- create abundance. That was an era up to 40 percent unemployment rates, ing today. This is not a man-made gov- when vast reservoirs produced a cornu- at the same time that all taxpayers are ernment-enforced drought. The water copia of clean and plentiful water on a paying higher grocery bills as a result isn’t there. To overturn minimal pro- scale so vast that many communities of these heartless water diversions, tections for the environment, for the didn’t bother to meter it. That clean, those same taxpayers are being asked fisheries in the Pacific Northwest, for cheap, and abundant water also made to pay a super-premium subsidy to Bay people at the end of these rivers is not America the breadbasket of the world Area water users, whose Representa- a solution that’s going to restore water and the Central Valley of California tives have endorsed this folly. that isn’t there. the breadbasket of that State. To add insult to injury, Mr. NUNES is It’s not going to help California But the majority party has aban- not even allowed to offer amendments that’s tied in knots. Its legislature doned that policy. It has replaced it to restore water deliveries that would can’t even deal with meaningful man- with a very different philosophy that mean jobs for 40,000 unemployed Cali- agement of its own groundwater. We the government’s principal focus fornia families without costing our have a crisis in this country that is should not be to produce abundant Treasury a dime. man-made and government created, water, but rather to ration and recycle For all of those reasons I urge my and that is that we haven’t been seri- water shortages that government has colleagues to oppose this bill. Not only ous about the management of water re- caused by abandoning abundance as its can we do much better; we could not sources. primary objective. possibly do any worse. The result is increasingly expensive This is going to get worse because of Mr. GEORGE MILLER of California. water that now affects our prosperity climate change, global warming, and I yield 2 minutes to the gentleman as a Nation. By its own admission, this extreme weather events. We are going from California (Mr. THOMPSON). administration is no longer analyzing to be facing things like this in the Pa- Mr. THOMPSON of California. I the costs and benefits of projects in the cific Northwest with the disappearing thank the gentleman for yielding. bill now before us. In committee, the snow pack, more strain on reservoirs, Mr. Speaker and Members, this bill is administration admitted that it faces a more conflict between cities and towns about freeing up 2.5 million gallons of $600 million backlog of 53 water recy- water per day through recycling, water in rural areas, between wildlife and Na- cling projects like these and still that would be able to be used through- tive Americans. hasn’t bothered to prioritize them, let We have got to get serious. We have out the affected areas in California. alone to figure out how to pay for to get serious with legislation like this This reduces water demand for our them. and being realistic about working to- This bill provides a 25 percent Fed- State, again, 2.5 million gallons a day. gether to create a framework for deal- eral match for six local water recycling I want to speak to something that ing with water policy. Let’s roll up our projects in the San Francisco Bay was said earlier, and that was that the sleeves and do that together. In the Area. It increases the maximum Fed- salmon fishermen in California, the meantime, let’s not demagog impor- eral cost share for two others. salmon fishing families, were not hurt, tant legislation that will make a dif- The total cost to American taxpayers and that the claims that they were ference for water in California now, for this bill is $38 million. According to were bogus. putting people to work and maybe, just sponsors, it will produce 2.6 billion gal- Mr. Speaker and Members, the salm- maybe, starting an honest conversa- lons of water. That comes to about on fishermen and their families in my tion about how we are going to deal 8,000 acre feet. district on the north coast of Cali- with a nationwide water crisis. Now, let’s do the math here, $38 mil- fornia have been out of work for 3 of Mr. HASTINGS of Washington. Mr. lion for 8,000 acre feet. That comes to the past 4 years, mostly because of ille- Speaker, I am pleased to yield 5 min- $4,500 per acre foot. That’s just the gal biological opinions issued by the utes to the gentleman from California, Federal share. The total cost of these past administration. the ranking Republican on the Water projects is four times that amount, or At the same time, the farmers south and Power Subcommittee of the Nat- more than $18,000 per acre foot. of the delta have been receiving dis- ural Resources Committee, Mr. Now, let’s compare that to the cap- aster funds for their water shortages, MCCLINTOCK. ital cost of the nearby Oroville Dam. $95 million over the course of the last Mr. MCCLINTOCK. I thank the gen- That was roughly $600 million in 1968, 2 years. The biological opinions, the il- tleman for yielding. due to the inflation adjustment. It’s legal biological opinions that I men- Mr. Speaker, those who blame the $3.5 billion in today’s money. That dam tioned, helped kill some 80,000 spawn- drought for our problems ignore the produces 3.5 million acre feet of water. ing salmon on the Klamath River and fact that this is a very mild drought by In other words, the modern-day infla- decimated the salmon fishery along the historical standards. In fact, during tion-adjusted cost of the Oroville Dam, Sacramento River. Those fisheries in much more severe droughts than the including its massive power plant, the Sacramento River saw their salm- one we are currently experiencing, far comes to about $1,000 per acre foot. The on populations go from 800,000 to 66,000 more water flowed to the Central Val- projects in this bill cost more than in 3 short years. ley than it does right now. $18,000 per acre foot overall, including Mr. Speaker and Members, fishing I wonder if the proponents would se- $4,500 per acre foot directly from the families have been put out of work in riously deny that 200 billion gallons of national Treasury, which, in case you my district and up through and into water have been diverted from the Cen- haven’t noticed, is empty. Oregon. They have lost their homes,

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00039 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25001 they have lost their savings, and they I want to remind my friends on the So we all need to pull together here. have lost their livelihoods. It’s not other side of the aisle when we had the Silicon Valley is willing to do its part bogus, and it’s shameful to suggest Rules debate of a quote from Franklin to recycle so the water can flow to that it is. Delano Roosevelt. He once said, the those in need. The heart of the issue that’s here Nation that destroys its soil, destroys I would like to just point out that al- today, the opponents of this bill feel itself. though we all value San Francisco, San very comfortable choosing one business The pumps are off, the pipes are dry, Jose has 1 million people, and since as more superior to another. The oppo- the land is no longer able to produce, San Francisco really isn’t part of this nents’ debate isn’t about solutions but so the soil is being destroyed. But it bill at all, perhaps we should refer to rather—— does not have to stay that way. Man- this as the San Jose Bay Area in the The SPEAKER pro tempore. The made droughts can change. And what future. The San Jose Bay Area is will- time of the gentleman has expired. the debate today is about and what the ing to help out by supporting this bill. Mr. GEORGE MILLER of California. passion you feel from this side is, it is Mr. HASTINGS of Washington. Mr. I yield 30 additional seconds to the gen- not a partisan passion. This is a pas- Speaker, I yield myself 2 minutes. tleman. sion of Independents, a passion of Mr. Speaker, reference was made as Mr. THOMPSON. Suggesting that Democrats and a passion of Repub- to why we are debating this bill on the some hardworking farmers are more licans, that you allow the bills to come floor, which obviously the concept of important and more worthy than hard- to the floor. this bill brings forward water recycling working fishermen. That is wrong. I listened to a colleague on the other and has broad support in this House. I b 1530 side of the aisle say, well, these bills certainly support that concept. But the This bill will ultimately conserve 2.5 will fail. Well, bring them here. You inference was made that the only rea- million gallons of water per day for have the power. You have the majority. son we are debating this is because of drought-stricken California. This is a Do not deny them. Do not deny the one Member—they didn’t say where he good idea and it helps bring flexibility amendments. Let the people who have is from, but I assume he is from Cali- to our system. the power of the idea win at the end of fornia—who has been very, very out- I want to thank Mr. MILLER for his the day. spoken about the economic disaster bill and his effort to address this issue When you talk about a bill that will that is going on in the San Joaquin and provide maximum flexibility. I produce 2.6 billion gallons a year, but Valley of California. urge my colleagues to vote against the you deny bills that provide 200 billion Mr. Speaker, I just want to say that motion to recommit and for the under- gallons this year for the Central Val- that individual is defending what he lying bill. ley, no longer do you talk of the valley thinks is right for his constituents, and Mr. HASTINGS of Washington. Mr. feeding the world; you talk of the val- he is doing all the right things within Speaker, may I inquire how much time ley being dry. the rules of this House to bring this is left on both sides? You look at the rallies that are being issue forward so that we can have a de- The SPEAKER pro tempore. You created and you look at the faces in bate. have 171⁄2 minutes remaining and the the rallies. They are a microcosm of The inference was also made by those majority has 191⁄2 minutes remaining. America, from every walk of life. They remarks that this was partisan in na- Mr. HASTINGS of Washington. Mr. come there with one sign, ‘‘Turn the ture. Well, I would just remind my col- Speaker, I am pleased to yield 3 min- pumps on,’’ and that is our message leagues, Mr. Speaker, that on the rule, utes to the gentleman from the south- today. That is our message with this bringing this bill to the floor of the ern San Joaquin Valley, Mr. MCCAR- bill, that we have the power to make House had bipartisan opposition. As THY. the decision to get the water pumping you know, when there are rule votes, Mr. MCCARTHY of California. I again. they are generally along party lines. thank my dear friend. Mr. GEORGE MILLER of California. Yet, Mr. Speaker, 23 Democrats voted Mr. Speaker, as I sit and listen to Mr. Speaker, I yield 3 minutes to the against this rule. this debate, I have many colleagues on gentlewoman from California (Ms. ZOE Now, I don’t know the motivation of the other side that happen to be in the LOFGREN). all of them, but I would certainly hope, majority. They not only show it in Ms. ZOE LOFGREN of California. Mr. and I would guess that they probably committee by the number of one on Speaker, California is in the third year voted ‘‘no’’ because they felt this issue one side and fewer on the other, but of a drought. The salmon fishers are in was worthy of debate. And, I might they show it when the bills come to the the third year of no season. Farmers add, of those 23, four of them are from floor. are hurting, fishermen are hurting. But the Natural Resources Committee, in The idea that the power of the idea this bill actually helps that problem. which this bill passed out of by unani- would win at the end of the day doesn’t I come from Silicon Valley, where mous consent, but there was some dis- happen here. They go to the Rules half of our water comes from the Delta. cussion in the subcommittee on the Committee and they deny an amend- I have heard the name San Francisco issue, and the cost, as Mr. MCCLINTOCK ment to even come forward. They do a mentioned. They don’t get any of their pointed out so well. colloquy on the other side to talk water from the Delta. In fact, they Mr. Speaker, I just want to make about bills that have been brought up. don’t have any projects in this bill. But this point: if somebody is accused of I would like to see a colloquy that Silicon Valley gets half its water from defending their constituents and that talked about the bills that have been the Delta, and the projects that will is done in a negative way, that is not denied. flow to Silicon Valley to reuse the what this House is all about. Every I come from the Central Valley, water we have from our groundwater Member should be doing everything where unemployment is double digit. sources are going to free up water for they can to defend their constituents. Some cities have 40 percent unemploy- the Delta. It will free up water for the So the debate on this really, I be- ment. But I don’t hear the colloquy farmers and for the fishermen, and I lieve, is evolving into a bipartisan de- from my friends on the other side of count that a good thing. bate to have a debate on the under- the aisle to talk about H.R. 3105, the We can get bombastic here, all of us. lying issue. Turn the Pumps on Act. It hurts us when our constituents are The SPEAKER pro tempore. The You have 200 billion gallons a year hurt. But it is important to note that time of the gentleman has expired. being denied to the Central Valley. The this is a solution. This is a solution. Mr. HASTINGS of Washington. I party in power shows where their de- Silicon Valley doesn’t have any farm- yield myself another 30 seconds. sire is to go, to deny the valley the ers and it doesn’t really have any com- But we have been denied that. I ability to grow, to deny the valley the mercial fishermen. We make chips. We would just hope that there will be some ability to go create jobs. also have double-digit unemployment. opportunity later on for us to revisit

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00040 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25002 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 that and have these potential solutions The City of San Francisco, knowing b 1545 that were brought forward by my col- that it needed to provide water to its I have no benefit in this bill. I rep- leagues that live in these areas in a bi- citizens, destroyed a portion of Yosem- resent some of the greatest agriculture partisan way to be debated. ite National Park to construct its own in the United States of America. And Mr. GEORGE MILLER of California. water supply reservoir. I actually have guess what? We don’t get a drop of that Mr. Speaker, I yield 3 minutes to the a picture of what it looked like. water from anywhere but the sky that gentlewoman from California (Ms. This is what it looked like before. If it falls out of and all of the wastewater SPEIER). you have ever been to Yosemite, you that we recycle, the largest recycling Ms. SPEIER. Mr. Speaker, I, too, rise can see that it looks very similar to project in the United States and the in support of H.R. 2442 and salute my Yosemite Valley. But now it is world irrigating agriculture. good friend and colleague, Mr. MILLER, dammed up. It is dammed up to provide You know what? You people that live on his good work. water to the people of San Francisco. in glass houses shouldn’t throw stones. This bill will provide, as has been Now, that is really not the worst of You took a desert in the San Joaquin said already, 2.6 billion gallons of it, because we hear so much about how Valley, and using taxpayers’ money, water per year to drought-stricken the other side of the aisle cares so you built all these public systems, California, adding enough water supply much about the fish and the poor fish- damming up those rivers—and I’m glad to meet the demands for nearly 25,000 ermen that are losing their jobs be- Mr. NUNES is going to support us in households, and it will also generate, tearing down the Hetch Hetchy dam— either direct or indirectly, 3,500 jobs. cause the water is not being delivered to the Delta to save all these fish that and dammed up those rivers to get all Mr. Speaker, attacking a water recy- the water into the canals to take them cling measure that is designed to help need to be saved. Well, let’s go back and look at a lit- into a desert. And what happened? It all of California is truly counter- didn’t rain. All of a sudden you’re tle map of Hetch Hetchy. This is Hetch productive. The North Coast County caught in a drought. So who do you Hetchy, Yosemite National Park. Here Water District, based in Pacifica in my blame? You blame everything. You is the dam. And the water is piped. congressional district, has said, ‘‘As blame the Democrats. You blame the There is not a river. It is piped directly California continues to experience water. You blame the sky. It didn’t fall into the San Francisco Bay Area. This drought conditions, increased demand out of the sky. But you blame every is the same water, Mr. Speaker, that for water, and strain on the Delta eco- law that’s out there. system, alternative water supplies like would go down to save the fish that People who live in glass houses those authorized in H.R. 2442 provide a they care about so much. So do they shouldn’t throw stones because what long-term sustainable solution essen- honestly care about fish, or do they are you doing about recycling all the tial to California’s economy.’’ really just care about providing water wastewater that you’re creating? The bottom line is that Republicans to their people and serving their rad- You’ve always had that. Our commu- and Democrats alike agree that water ical environmental friends that have nities have bellied up to the bar. They recycling helps reduce stress on Cali- worked for decades to cut water off to put their money up. This bill says fornia’s fragile freshwater system, and people that are just trying to provide you’ve got to put up three-quarters of they have approved water recycling food for America? the money before you even come and projects for California and across the The leaders in the Bay Area and the ask for help from Washington. Frank- Western region on a bipartisan basis in surrounding region have used their ly, it ought to be the other way around. Congress. I hope we can do that again. muscle in the past to actually get by Recycling is so important we ought to Mr. HASTINGS of Washington. Mr. other environmental laws. They de- be doing it in every community in the Speaker, I am very pleased to yield 5 stroyed not only the beautiful national United States, and the government minutes to the gentleman from the San park when they needed water, they ought to be at two-thirds help and the Joaquin Valley, California (Mr. subsequently exempted their water community at one-third help. NUNES). project from the Wild and Scenic Riv- This bill is a good bill. And don’t Mr. NUNES. Mr. Speaker, I thank my ers Act. That is why they built the think that because one part of one friend from Washington. pipe, so they wouldn’t even have to State didn’t get enough rain last year Since this House is being denied the have a river. that we ought to bury the whole thing opportunity to debate legislation that When the Bay Area needed to add to trying to get recycled water. Guess would have a meaningful impact on the its runway, they exempted environ- what you do when you get that recy- California water crisis, I think it is ap- mental laws to build a new airport in cled water? You free up potable water propriate to take a closer look at the the beautiful San Francisco Bay, one of that can go to other things. bill before us today. This bill funds a the greatest areas of California. Mr. HASTINGS of Washington. Will water recycling project for the Bay the gentleman yield? Area. That is it. But despite their own record, when folks a mere two hours away are bled Mr. FARR. No. You have time. The sponsor of this bill pounds his When you have that potable water, chest and says he is providing 2.6 bil- dry of water, they have opposed a tem- porary waiver to allow not 2 billion you ought not to be using it for agri- lion gallons of water for his constitu- culture. You ought to be using that for gallons of water like this does, but 200 ents. Congratulations. What the spon- drinking purposes. All the golf courses billion gallons of water. sor will not disclose is that he has on the Monterey Peninsula are irri- I support these water recycling worked consistently to deny delivery of gated by recycled water, Pebble Beach, 200 billion gallons of water to an area projects, but I oppose this bill because Cypress, all these big famous golf that has 40 percent unemployment in the author of this bill is the leader of courses. some cases, that has folks standing in the effort to cut off 200 billion gallons So I think that those people that are food lines, and land dry with of water that would serve the greater criticizing this bill and criticizing the tumbleweeds. San Joaquin Valley, Los Angeles and fact that we didn’t get enough rain in Now, it is ironic that this bill pro- San Diego. So absent the inclusion of the San Joaquin Valley ought to be vides water only to one little area of language that will address this govern- asking for us to help them get recy- San Francisco, the Greater San Fran- ment-imposed drought, this bill should cling projects in their communities cisco Bay Area, which already receives be rejected. like we have in the Salinas Valley. We pristine water from a beautiful glacial Mr. GEORGE MILLER of California. can solve this problem, but we’ve got valley that is not far from where I live I yield 3 minutes to the gentleman to solve it in a multiplicity of ways, in the Yosemite National Park called from California (Mr. FARR). and one of the ways to do that is recy- Hetch Hetchy. You heard me correct. Mr. FARR. Thank you very much, cling. This bill makes a giant step for- The Bay Area gets water from one of Mr. Chairman, for yielding. ward for a lot of communities in north- the Nation’s flagship national parks. I have no projects in this bill. ern California.

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I would urge an ‘‘aye’’ vote. a way to get to that point, I will be Water plan for Mr. CALVERT there was ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE very, very proud of that. no discussion of this. There was no sug- The SPEAKER pro tempore. Mem- But with that, Mr. Speaker, I have to gestion of amendments. There was no bers are reminded to direct their re- stand up and reluctantly oppose this suggestion that this was high noon on marks to the Chair. bill for the many reasons I said in my California water. Mr. HASTINGS of Washington. Mr. previous remarks. When we passed the Lake Hodges Speaker, I am pleased to yield 1 minute I yield back the balance of my time. Surface Water Improvement Act in to the gentleman from California (Mr. Mr. GEORGE MILLER of California. April for Mr. BILBRAY, no discussion of NUNES). Mr. Speaker, I yield myself such time amendments, no need to settle these Mr. NUNES. Mr. Speaker, I want to as I may consume. issues here. They never asked for time. remind my Democrat colleague on the First of all, I want to begin by thank- They never asked for amendments. other side of the aisle that there were ing Chairwoman NAPOLITANO and They didn’t ask for a vote. They did it two Presidents that were instrumental Chairman RAHALL, the Chair of the full unanimously and by voice vote. in building the water projects that committee, and Chairwoman NAPOLI- The Magna Water District for Mr. turned a desert into the most produc- TANO of the Subcommittee on Water CHAFFETZ in Utah, no suggestion that tive agricultural land in the world. One and Power, for their support of this we should take the Utah bill and battle was named Franklin Roosevelt and the legislation for supporting the expan- it out over California water. No sugges- other was named John F. Kennedy. sion of water supplies in drought tion that somehow we were going to do Last time I checked, they were both stricken regions of our country. something other than that. Democrats. That was back when the At the end of the day, after all of the In September, just a month ago, with Democrats cared about providing jobs debate, this is legislation to provide for Mr. GALLEGLY, for the Calleguas Mu- to people instead of serving their rad- water reuse and recycling. Water reuse nicipal Water District, no suggestion of ical environmental friends in the Bay and recycling is desperately needed in this. No requests for amendments. No Area. My, how we’ve gone a long ways our State of California. This is a policy debate in the committee on this. in this Democratic Party. It’s sad to that is supported throughout the entire And then, again, last month, Mr. see this. State, including the valley, throughout WALDEN from Oregon, no suggestion Mr. GEORGE MILLER of California. southern California and northern Cali- we’re going to take the Oregon bill and I have no further speakers, so I’ll re- fornia. Every part of the State under- settle the California issue. Why? Be- serve until time to close. stands the extent to which we can con- cause we know what’s going on in Cali- Mr. HASTINGS of Washington. Mr. tinue to create new supplies of water fornia. We have a very difficult com- Speaker, I yield myself the balance of through use and reuse, recycling, that plex problem. The legislature, our the time. the entire State benefits. State legislature, has been struggling Mr. Speaker, I stood up and asked my Someone said, well, I was here in the with it for 2 years. They’re in special dear friend from California (Mr. FARR) drought and it wasn’t this bad. We’ve session right now. They’re locked in, to yield, and he said he didn’t have added almost 16 to 20 million new peo- and they don’t know whether they will time to yield, because I wanted to ple to the State of California since the have the votes or not to do that. But point out something that he had said last serious drought. We didn’t do people are getting together to try to and to clarify at least what I think is much about water policy during that solve it. his interpretation of what he was say- time, but we’ve now put together a co- When this new administration came ing. alition from people who have battled in, because I don’t remember you ask- He was saying that these water recy- over the years, Metropolitan Water ing for this in the first year of the cling bills are a 25/75 match, and that’s District, Contra Costa Water District, drought or the second year of the what the bill says. There’s no require- L.A. County, San Diego County, the drought or going into the third year of ment, however, in this bill for those re- Central Valley. the drought, but Mr. Obama’s been in cipients of these Federal dollars to Why are they coming together? Be- town, what, 10 months, and somehow repay these Federal dollars. cause they recognize how valuable it’s his problem. But when his adminis- On the other hand, I come from cen- reuse and recycling will be in the State tration did come to town, and when he tral Washington, the Columbia Basin of California going forward to meet the did have a Secretary of the Interior Project, Bureau of Reclamation area, needs of its growing economy, of its di- and he did have a Secretary of Com- irrigated by Grand Coulee Dam, and verse economy, of the importance of merce, they immediately focused their while they were built by the Federal agriculture, of the importance of bring- attentions on this problem. And what Government, it’s true, those monies ing new businesses to California, of de- did they do? They met with a cross sec- have to be paid back by those irriga- veloping and make sure we have clean tion of our delegation to see how they tion districts. We don’t get a 25 percent water available for high technology in- could bring the Department of Com- cut or a 50 percent cut. So I just want- dustries throughout the State. That’s merce, the Department of the Interior ed to point that out. We’re not talking why this bill, this policy speaks. together, the Bureau of Reclamation, about apples and oranges, no pun in- It speaks to so many areas of the the Fish and Wildlife Service. They tended on that. State. It speaks, this policy speaks to sent millions of dollars to the valley to So, Mr. Speaker, as I had mentioned Orange County and San Diego County try to give relief to the farmers. earlier, the reason that I reluctantly and L.A. County and Riverside County They’ve supported our efforts. oppose this bill is because of what it and Contra Costa County and Santa I’ve supported the efforts to change does not do. And of course what it does Clara County and Monterey County the law that I wrote 10 years ago, 20 not do is to provide for an opportunity and Alameda County and San Joaquin years, so we can have water transfers to address a very, very serious eco- County. Why? Because it’s important from east to west in the valley. That’s nomic problem in the San Joaquin Val- that we take the pressure off a system people working together. That’s not ley of California. that’s oversubscribed not just in people just standing back and sniping As I mentioned on the rule, there drought years but every year. But we at bills as they come through and pre- were 23 Democrats that supported Re- can get by in a normal year. We can’t tending like they want to make policy publicans on this. This would indicate get by in the third year of the drought. or they want to change policy that’s to me, I would hope, that there is grow- Now, my colleagues have suggested just political sniping. But it’s inter- ing support for having this addressed in that somehow this is the bill in which esting that they chose not to snipe on a manner in the House, on the floor of we should settle California water any Republican bills. They just decided the U.S. House of Representatives. I issues. I find it rather interesting in they would snipe on this bill. certainly hope that that is the case. February of last year when we passed But at the end of the day, at the end And if opposition from me and others is the South Orange County Recycled of the day, this legislation is about

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00042 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25004 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 whether or not we can move California trict, Iron House Sanitary District, I am writing to express our deep concern into the future, whether or not we can City of Petaluma, Santa Clara Valley over the recent House floor debate on water continue to have economic growth, Water District, North Coast County recycling legislation. Specifically, we are alarmed that the authorization of Title XVI whether or not we can use the tech- Water District, and City of San Jose. water recycling projects whose purpose is to nology that’s now available to us to OCTOBER 5, 2009. enhance the availability of a safe and reli- provide for recycling, to provide for Representative GEORGE MILLER, able water supply to local communities, reuse of water. This bill alone supplies Rayburn House Office Building, have become ensnared in the ongoing dis- enough water for 24,000 households. Washington, DC. putes surrounding restoration of the Cali- That’s not counting the legislation DEAR REPRESENTATIVE MILLER: The Asso- fornia Bay-Delta. We urge the House of Rep- ciation of California Water Agencies (ACWA) resentatives to move expeditiously and de- that we’ve provided for southern Cali- is pleased to write in favor of H.R. 2442, legis- fornia, for Orange County, for San bate and pass pending water recycling lation to expand the Bay Area Regional project legislation, including H.R. 2442. Diego, for San Bernardino and the Water Recycling Program. As you know, These projects will allow for a direct re- projects that are waiting. ACWA’s 447 public agency members are col- sponse to the impacts of the ongoing drought This bill was criticized because lectively responsible for 90 percent of the currently being experienced in California there’s a $600 million backlog because water delivered in California for residential and other western states. the last administration would never re- and agricultural uses. We appreciate that the drought has Since H.R. 2442 contains local projects with lease any money. We would have loved wreaked havoc on the lives of many resi- regional as well as national benefits, the leg- dents throughout the arid West. Clearly, the to have had the attention. We would islation meets the criteria established in our events surrounding the operation of the fed- have loved to have had the attention of blueprint ‘‘No Time to Waste: A Blueprint eral and state water projects in California the Bush administration’s Secretary of for California Water’’. In particular, the serve to spotlight the challenges created by the Interior to help solve this problem. projects in H.R. 2442 will allow for a direct the drought. We were encouraged by the re- What did she do? What did he do? They response to help mitigate current and dev- cent commitment of Secretary of the Inte- let some Under Secretary wander astating drought impacts in California. In rior Salazar to increase efforts to put in around changing the science, so we lost this regard, ACWA encourages the House of place responses that will alleviate the im- Representatives to move expeditiously and pacts on the Bay Delta. However, we believe almost 18 months and we had to go pass important water recycling project legis- that a powerful tool exists to address water back to redo all of the science because lation. scarcity, namely water recycling projects they changed it and they got caught at As California’s water supply challenges that can create water supply in an environ- it. Criminal charges were pending at multiply, ACWA appreciates your efforts to mentally protective and sustainable manner. one point. provide federal resources for local projects to With a small federal contribution, these So what are we talking about here? assure water supply reliability. Thank you projects have demonstrated that they can The suggestion that somehow this all for sponsoring this legislation. deliver water and reduce demand on limited comes together around this bill is to Sincerely, water supplies. It is to no one’s advantage to TIMOTHY QUINN, hold hostage the authorization of these forget history, to forget the inatten- Executive Director, kinds of projects because of disputes over the tion to this problem we’ve dealt with Association of California Water Agencies. operation of federal water projects. Indeed, over the last 8 years, and to suggest we believe it only serves to exacerbate the that somehow that this can all be set- THE METROPOLITAN WATER very problem all of us are seeking to re- tled here. What this bill can do is make DISTRICT OF SOUTHERN CALIFORNIA, solve—to reduce the impacts of the drought a major contribution to relieving the Los Angeles, CA, October 6, 2009. and provide safe, reliable, and sustainable urban pressure on the system by cre- Hon. GEORGE MILLER, water supplies to our communities, indus- House of Representatives, tries, and agricultural interests. ating this reuse and recycling of water. Washington, DC. Again, we are strongly supportive of time- b 1600 DEAR REPRESENTATIVE MILLER: The Metro- ly consideration and passage of Title XVI politan Water District of Southern Cali- water recycling project authorizations by And that’s what the projects that my fornia is very pleased to support an increase the House of Representatives. colleagues on the other side of the in resources for the Bureau of Reclamation’s Sincerely, aisle, that’s what they were contrib- local water supply development program G. WADE MILLER, uting. This was one piece; we hope it under Title XVI, as authorized by Congress. Executive Director, grows. We think it will become more Metropolitan believes that local water sup- WateReuse Association. valuable. ply projects and expansion of the Title XVI OCTOBER 5, 2009. It is bipartisan and has been from the grant funding program are essential. This is especially the case as California continues to Subject: Support for H.R. 2442, Bay Area Re- very beginning. When I asked for stim- aggressively pursue comprehensive policy gional Water Recycling Program Expan- ulus money to go to recycling, I asked and infrastructure solutions to address the sion Act of 2009. the administration, I said, do it on the challenges of chronic drought and restricted Hon. GEORGE MILLER, basis of their priorities, do it as they’re water supply conditions throughout the House of Representatives, standing in line. Some cities have been state. The development of new and expanded Washington, DC. waiting a long time for this; they may local water supply projects is key to address- DEAR CONGRESSMAN MILLER: On behalf of be further along. Just let them come as ing these critically important water supply the Bay Area Recycled Water Coalition, a they come up in line. issues including projects such as the design, partnership of eleven public agencies com- planning and construction of recycled water mitted to developing recycled water as a re- This isn’t partisan; this is about distribution systems, such as those included source for over six million residents of the whether or not people want to solve in H.R. 2442, which include regional and na- counties we serve in the San Francisco Bay problems. You want to make political tional benefits. area, I’m writing to thank you for intro- points, all well and good; but the cir- Your continued leadership and efforts on ducing H.R. 2442, the Bay Area Regional cumstances won’t change, the cir- California’s critically important water sup- Water Recycling Program Expansion Act of cumstances won’t change across our ply issues are greatly appreciated. 2009. State. Sincerely, As California continues to experience JEFFREY KIGHTLINGER, drought conditions, increased demand for H.R. 2442 is supported by a number of General Manager. water, and strain on the Delta ecosystem, al- agencies, municipalities and organiza- ternative water supplies like those author- tions, including: Association of Cali- OCTOBER 5, 2009. ized in H.R. 2442 provide a long-term sustain- fornia Water Agencies, Metropolitan Congressman GEORGE MILLER, able solution essential to California’s econ- Water District of Southern California, House of Representatives, omy. The six additional water recycling Central Contra Costa Sanitary Dis- Washington, DC. projects authorized in H.R. 2442 would pro- trict, Dublin San Ramon Services Dis- DEAR CONGRESSMAN MILLER: On behalf of vide in excess of 7 million gallons of drought- the WateReuse Association, a national asso- tolerant water per day. This will result in re- trict, City of Mountain View, Redwood ciation representing more than 180 public duced demand from Bay Area communities City, City of Palo Alto, WateReuse As- water agencies and 375 organizational mem- on scarce fresh water from the Delta. These sociation, Bay Area Recycled Water bers dedicated to the advancement of using projects will also support over 3,500 direct, Coalition, Delta Diablo Sanitation Dis- limited water supplies efficiently and safely, indirect and induced jobs.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00043 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25005 The Bay Area Recycled Water Coalition ley and those of us who are fortunate enough valley need help now. Therefore, I am oppos- members remain committed to our proven to represent that region. ing this bill because it contains $38 million partnership with the Federal Government to The San Joaquin Valley is the fruit-basket of worth of projects that benefit the San Fran- provide a long-term sustainable solution to the Nation, producing over half of the fruits California’s water challenges. We strongly cisco Bay area while denying projects that support H.R. 2442, and look forward to con- and vegetables consumed in America. Ninety- would not cost any taxpayer dollars and would tinuing to work with you as we develop new nine percent of all almonds and walnuts are benefit the distressed San Joaquin Valley. water supplies for California. produced in the Central Valley, while over 90 Mr. Speaker, for these reasons I oppose Sincerely, percent of tomatoes, pistachios, plums and both the rule and the passage of H.R. 2442 GARY W. DARLING, strawberries are produced in the State of Cali- and urge my colleagues to join me. General Manager, fornia. However, without water for the farmers Mr. CARDOZA. Mr. Speaker, I rise today in Delta Diablo Sanitation District. the whole Nation suffers. Without California’s strong opposition to this rule. SOUTH BAY WATER RECYCLING, agriculture production, there is a significant We have heard a lot of debate this year San Jose´, CA, October 5, 2009. national security risk—we would be forced to about California’s water crisis. Congressman GEORGE MILLER, import foreign produce that does not meet the We are suffering from our third year of House of Representatives, same quality and food safety standards that drought, and the situation has been com- Washington, DC. California produce does. pounded with a ‘‘regulatory drought’’ that has DEAR CONGRESSMAN MILLER: On behalf of Because of radical environmentalists and restricted our ability to deliver water even ´ the City of San Jose, I am writing to thank the actions of Federal agencies based on un- when it is available. Over 40,000 people are you for introducing H.R. 2442, your bill au- thorizing the use of federal funds to support reliable and questionable science, the San out of work, over 500,000 acres of some of additional water recycling projects in the Joaquin Valley is now suffering from a man- the world’s most productive farmland have San Francisco Bay area, and to lend our sup- made drought. Hundreds of thousands of acre been fallowed, farmworkers are now standing port to your efforts to have it reconsidered feet of water that was formerly delivered to the in food lines, people are losing their homes, at the earliest appropriate opportunity. farmers in the Central Valley are being sent to and more importantly people are losing their The City of San Jose´ operates the largest the ocean in an attempt to protect a 3-inch hope, all because of a lack of water. urban nonpotable water recycling facility in minnow, the Delta Smelt. Ironically, while the The Federal Government is in part respon- northern California. Each year South Bay Water Recycling supplies nearly 600 Silicon restrictions on pumping are doing nothing to sible for the regulatory drought, and it is time Valley schools, parks, businesses and indus- stop the declining numbers of Delta Smelt, for the Federal Government to take action to tries with over 10,000 acre-feet of high-qual- they are significantly contributing to the declin- address this crisis. ity recycled water, conserving drinking ing number of farmers and jobs in the San I support this underlying bill, Mr. Speaker. water that can be used for other purposes. Joaquin Valley. Farmers must come before But quite frankly, I am completely fed up with Over the past 15 years we have invested over fish. the lack of a response to our water crisis in $200 million in local funds in this system, I offered two amendments to this bill which the San Joaquin Valley. and received more than $30 million in Title XVI grants from the Bureau of Reclamation. would have assured that the urgent needs of My definition of ‘‘crisis’’ is a disaster that re- Furthermore, as a founding member of the the San Joaquin Valley are met, through the quires an immediate response. The fact is, Bay Area Recycled Water Coalition (a part- Two Gates project in the delta and temporarily there still is no immediate response—in fact nership of eleven public agencies) San Jose´ is waiving the Endangered Species Act to in- there is hardly even any response. And it’s committed to assisting other communities crease delta water deliveries for storage in the high time that the Federal Government admits in the Bay area to develop this important re- San Joaquin Valley. Neither of my amend- that not enough is being done to address the source, and we encourage you to continue to ments would have authorized the spending of valley’s water needs. fund and expand this important stimulus to taxpayer dollars. Once again the Democratic In fact, I have with me a list of 26 projects local investment. Recycled water is sustainable water, and leadership in the House of Representatives that the Federal Government can work with us the only new water available to help Cali- denied these amendments, denying relief to on to relieve the pressure that the lack of fornia and other western states deal with the the ravaged San Joaquin Valley. water has created on the valley. combined pressures of drought and popu- Time and time again during this Congress My friends and colleagues from the San lation that threaten to exhaust our existing my valley colleagues and I have offered bills Joaquin Valley, Mr. RADANOVICH and Mr. supplies. We understand that much addi- and amendments to address the government NUNES, offered amendments in Rules Com- tional work needs to be done by Congress, by created drought in the San Joaquin Valley and mittee last night but they were not made in Interior Secretary Salazar and others to de- time and time again we have been denied the order. velop a comprehensive approach to supplying water to the western United States, includ- courtesy of a simple legislative hearing, let My folks need relief. They are suffering and ing an integrated program to protect and re- alone a markup or vote. After so many at- can’t wait any longer. And farmers in the val- store the Bay-Delta system. However, in our tempts to save California agriculture, I am left ley have planting decisions to make in the opinion any sustainable solution will nec- with no alternative but to believe that the near future. They simply can’t go through an- essarily include intensive use of recycled Democrat leadership of this Congress, under other farm season not knowing if they will water as the most reliable source of water direction from environmentalists, is bent on have any water. currently available, including the nearly destroying the largest economic engine in Mr. RADANOVICH and Mr. NUNES deserve to seven million gallons of water per day pro- California. have their amendments on the floor today. duced by the projects authorized in H.R. 2442. Thank you again for your steadfast sup- There is always a lot of talk about special Their amendments would have ended this reg- port for these important programs. interests controlling policy decisions in Con- ulatory drought once and for all and provided Sincerely, gress, and I would be remiss not to say that much-needed relief to our farmers. JOHN STUFFLEBEAN, the elite environmental community is one of Because San Joaquin Valley farmers are Director, Environmental Services, the largest and currently most influential spe- prevented from getting the water they so des- City of San Jose´. cial interests around. They have worked very perately need, I urge all of my colleagues to Mr. RADANOVICH. Mr. Speaker, I am op- hard and spent a lot of money to ensure that oppose this rule. posed to the closed rule and passage of H.R. a 3-inch fish has more rights than the farmers ACTIONS AND PROJECTS TO ADDRESS 2442, the Bay Area Regional Water Recycling and farm workers in my district. To me, and CALIFORNIA’S WATER SUPPLY CRISIS Expansion Act of 2009. My opposition to H.R. any American with an ounce of common Reconsultation of FWS and NOAA Biologi- 2442 is not due to the projects authorized in sense, that action is absolutely unconscion- cal Opinions. the legislation—they are meritorious projects, able, but apparently not to the majority of Con- Undertake a National Academy of Sciences worthy of consideration by this body. However, gress. 6-month review of all the factors in the de- the San Francisco Bay area is not the only The water crisis in California must be ad- cline of the Delta. area in California that needs additional water. dressed in a holistic manner and while I am 2-Gate Fish Protection Demonstration Project—coordination and funding. Only 2 hours away from San Francisco, Cali- more than happy to sit down with my col- Delta Mendota Canal and California Aque- fornia’s Central Valley is literally dying of de- leagues on the other side of the aisle to work duct Intertie—coordination and funding. hydration and yet this Congress has ignored on long term solutions to California’s aged Completion of a long-term, multi-year every plea for help from the people of the val- water infrastructure system, the people of the water transfer program.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00044 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25006 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 Develop a program to coordinate schedules fornia Water Agencies, WaterReuse Associa- Project on the threatened delta smelt on North to South transfers. tion, Metropolitan Water District of Southern (Hypomesus transpacificus) and the biological Support permanent reform of intra county California, Central Contra Costa Sanitary Dis- opinion issued on June 4, 2009, by the United East-West transfers within the CVP. States National Marine Fisheries Service Bi- Patterson Irrigation District Pumping trict, Dublin San Ramon Services District, City ological Opinion on the Long-Term Central Plant and Fish Screen. of Mountain View, Redwood City, and the City Valley Project and State Water Project Op- Patterson Irrigation District Pipeline of Palo Alto. erations Criteria and Plan shall constitute Project. In conclusion, Mr. Speaker, I support this bill compliance with all requirements of the En- Diversify Level 2/Level IV Refuge Pro- because it will create badly needed jobs while dangered Species Act of 1973 (16 U.S.C. 1531 et gram. replenishing clean water supplies. This legisla- seq.). Announce 2011 rescheduled water decision tion is another example of how the new major- (c) APPLICABILITY.—This section applies in the Spring, 2010. ity is making good on the promise to chart a only to those Federal agency and non-Fed- Additional federal support for the Westside eral actions related to the coordinated oper- Water Use Efficiency and Conservation pro- new direction for our Nation. I want to thank ations of the Central Valley Project and the gram. Chairman MILLER again for his leadership in California State Water Project. Support the removal of restrictions under crafting this extraordinary legislation that has POINT OF ORDER the Emergency Drought Relief Act which re- my full support. Mr. GEORGE MILLER of California. strict funds to temporary projects. Mr. Speaker, I urge my colleagues to join Mr. Speaker, I raise a point of order Mendota Dam Replacement. me in supporting H.R. 2442. I yield the re- San Luis Drain Rehabilitation. that the motion to recommit contains Allow the use of Whiskeytown Reservoir to mainder of my time. a nongermane instruction in violation be used to meet the water supply needs of Mr. GEORGE MILLER of California. of clause 7 of rule XVI. the most impacted areas. I urge all of my colleagues to support The SPEAKER pro tempore. The gen- Work in collaboration with the state on this legislation, and I yield back the tleman from California raises a point the development of a long term Joint Point balance of my time. of order. Does any other Member wish of Diversion program. The SPEAKER pro tempore. All time Friant-Kern and Madera Canals Capacity to be heard on the point of order? for debate has expired. Pursuant to Mr. NUNES. Yes. Correction. House Resolution 830, the previous Friant-Kern Canal Reverse Flow. The SPEAKER pro tempore. The gen- Pipeline Replacements in the San Luis question is ordered on the bill, as tleman from California is recognized. Unit. amended. Mr. NUNES. Mr. Speaker, the motion Westlands Water District Reclamation The question is on the engrossment to recommit I have is pretty simple. In Project for drainage impacted areas and rec- and third reading of the bill. fact, what we have before us is legisla- lamation of poor groundwater. The bill was ordered to be engrossed tion that is identical to legislation West Stanislaus Irrigation District fish and read a third time, and was read the that this Congress passed in 2003 with screen and pipeline. third time. Stockton East Water District intake struc- overwhelming bipartisan support, so I ture and fish screen. MOTION TO RECOMMIT would hope that you would make it Merced Irrigation District New Exchequer Mr. NUNES. Mr. Speaker, I have a germane. Dam Spillway Modification Project. motion to recommit at the desk. The SPEAKER pro tempore. Are Semitropic-Rosamond Water Bank Author- The SPEAKER pro tempore. Is the there any other Members that wish to ity Antelope Valley Water Bank Initial Re- gentleman opposed to the bill? speak? charge and Recovery Facility Improvement Mr. NUNES. In its current form, yes. Mr. GEORGE MILLER of California. Project. The SPEAKER pro tempore. The Mr. Speaker, I insist upon my point of Semitropic Water Storage District Pond- order. That action by the previous Con- Poso Spreading and Recovery Facility. Clerk will report the motion to recom- mit. gress does not make it germane to this Ms. RICHARDSON. Mr. Speaker, I rise The Clerk read as follows: legislation. today in strong support of H.R. 2442, the Bay The SPEAKER pro tempore. The Area Regional Water Recycling Program Ex- Mr. NUNES moves to recommit the bill H.R. 2442 to the Committee on Natural Resources Chair is prepared to rule. pansion Act of 2009, which will provide Cali- with instructions to report the same back to The gentleman from California (Mr. fornians 2.6 billion gallons of water per year, the House forthwith with the following GEORGE MILLER) makes a point of order enough to meet the needs of 24,225 house- amendment: that the amendment offered by the holds, and should create at least 3,600 jobs. At the end of the bill, add the following: gentleman from California (Mr. NUNES) It is a concrete example of the sustainable so- SEC. 4. CENTRAL VALLEY PROJECT. is not germane. lutions we should be looking for to address (a) NO RESTRICTION, REDUCTION, OR RE- The bill, H.R. 2442, amends the Rec- drought and promote economic development. ALLOCATION OF WATER.—Notwithstanding lamation Wastewater and Groundwater I would like to thank Chairman RAHALL for any other provision of law, the Secretary of Study and Facilities Act to expand the his skill and leadership in shepherding this bill the Interior, acting through the Commis- Bay Area Regional Water Recycling to the floor. I would also like to thank my col- sioner of the Bureau of Reclamation, may not use discretion to restrict, reduce or re- Program. The bill authorizes six new league, Chairman MILLER, for skillfully crafting allocate any water stored in Central Valley water recycling partnerships and modi- such an imaginative and workable solution to Project Reservoirs or delivered pursuant to fies two existing partnerships. one of the critical challenges facing California Central Valley Project contracts, including The amendment offered by the gen- and other western States. execution of said contracts facilitated by the tleman from California seeks to ad- Mr. Speaker, the Bay Area Regional Water W.C. ‘‘Bill’’ Jones Pumping Plant, to meet dress water availability related to the Recycling Program Expansion Act authorizes the requirements of the Endangered Species Central Valley Project. federal assistance for six recycling projects Act of 1973, unless such water is acquired or Clause 7 of rule XVI, the germane- that are estimated to create more than 8,000 otherwise made available from a willing sell- ness rule, provides that no proposition er or lessor and the use is in compliance with acre-feet of water annually by 2010, and more the laws of the State of California, including on a ‘‘subject different from that under than 14,000 acre-feet annually by 2025. Addi- but not limited to, permitting requirements. consideration shall be admitted under tionally, the legislation is crafted so that fresh (b) BIOLOGICAL OPINIONS.—For the 2 years color of amendment.’’ water withdrawals from the Sacramento-San immediately after the date of the enactment One of the central tenets of the ger- Joaquin Delta are limited and treated waste- of this Act, complying with the reasonable maneness rule is that an amendment water discharges into the San Francisco Bay and prudent alternatives or reasonable and should relate to the subject matter of or the Sacramento-San Joaquin Delta are re- prudent measures and the incidental take the underlying measure. duced. The cost to the federal government to limits defined in the biological opinions that The bill is confined to water recy- immediately preceded the biological opin- cling projects within a specific geo- realize all these benefits is only 25 percent of ions issued by on December 15, 2008, by the the total cost of a project. United States Fish and Wildlife Service on graphic area. The amendment address- Finally, this legislation is endorsed by many the effects of the Proposed Coordinated Op- es water availability related to the local government and water management or- erations of the Federal Central Valley Central Valley Project. By addressing ganizations, including the Association of Cali- Project and the California State Water this topic, the amendment falls outside

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00045 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25007 the ambit of the underlying measure Neal (MA) Rush Sutton Foxx McCollum Scalise Nye Ryan (OH) Tanner Hall (TX) Melancon Smith (WA) and is not germane. Oberstar Salazar Taylor Linder Mollohan The point of order is sustained. Obey Sa´ nchez, Linda Teague Lofgren, Zoe Radanovich Mr. NUNES. Mr. Speaker, I appeal Olver T. Thompson (CA) the ruling of the Chair. Ortiz Sanchez, Loretta Thompson (MS) Pallone Sarbanes Tierney b 1628 The SPEAKER pro tempore. The Pascrell Schakowsky Titus Messrs. JORDAN of Ohio, FLAKE, question is, Shall the decision of the Pastor (AZ) Schauer Tonko OLSON, COLE, ROGERS of Alabama, Chair stand as the judgment of the Payne Schiff Towns Perlmutter Schrader Tsongas COFFMAN of Colorado, MCCAUL, House? Perriello Schwartz Van Hollen BOREN, GRIFFITH, CHILDERS, MOTION TO TABLE Peters Scott (GA) Vela´ zquez Peterson Scott (VA) Visclosky BROUN of Georgia, and GINGREY of Mr. GEORGE MILLER of California. Pingree (ME) Serrano Walz Georgia changed their vote from ‘‘yea’’ Mr. Speaker, I move to table the appeal Polis (CO) Sestak Wasserman to ‘‘nay.’’ of the ruling of the Chair. Pomeroy Shea-Porter Schultz Price (NC) Sherman Waters Mrs. NAPOLITANO, Messrs. BERRY, The SPEAKER pro tempore. The Quigley Shuler Watson SCHAUER and GRIJALVA, Ms. question is on the motion to table. Rahall Sires Watt SPEIER, and Mr. KUCINICH changed The question was taken; and the Rangel Skelton Waxman their vote from ‘‘nay’’ to ‘‘yea.’’ Speaker pro tempore announced that Reyes Slaughter Weiner Richardson Snyder Welch So the motion to table was agreed to. the ayes appeared to have it. Rodriguez Space Wexler The result of the vote was announced Mr. NUNES. Mr. Speaker, on that I Ross Speier Wilson (OH) as above recorded. demand the yeas and nays. Rothman (NJ) Spratt Woolsey Roybal-Allard Stark Wu Stated against: The yeas and nays were ordered. Ruppersberger Stupak Yarmuth Mr. FLEMING. Mr. Speaker, on rollcall No. The SPEAKER pro tempore. Pursu- 788, had I been present, I would have voted ant to clause 8 and clause 9 of rule XX, NAYS—176 ‘‘nay.’’ this 15-minute vote on the motion to Aderholt Franks (AZ) Minnick Ms. FOXX. Mr. Speaker, on rollcall No. 788, table will be followed by a 5-minute Akin Frelinghuysen Moran (KS) had I been present, I would have voted ‘‘nay.’’ Alexander Gallegly Murphy, Tim vote on passage of the bill, if arising Altmire Garrett (NJ) Myrick The SPEAKER pro tempore. The without further proceedings in recom- Austria Gerlach Neugebauer question is on the passage of the bill. mittal. Bachmann Gingrey (GA) Nunes The question was taken; and the The vote was taken by electronic de- Bachus Gohmert Olson Speaker pro tempore announced that Barrett (SC) Goodlatte Paul vice, and there were—yeas 237, nays Bartlett Granger Paulsen the ayes appeared to have it. 176, not voting 19, as follows: Barton (TX) Graves Pence Mr. NUNES. Mr. Speaker, on that I Biggert Griffith Petri demand the yeas and nays. [Roll No. 788] Bilbray Guthrie Pitts The yeas and nays were ordered. YEAS—237 Bilirakis Harper Platts Bishop (UT) Hastings (WA) Abercrombie Dingell Kanjorski Poe (TX) The SPEAKER pro tempore. This Blackburn Heller Ackerman Doggett Kaptur Posey will be a 5-minute vote. Blunt Hensarling Adler (NJ) Donnelly (IN) Kennedy Price (GA) Boehner Herger The vote was taken by electronic de- Andrews Doyle Kildee Putnam Bonner Hoekstra vice, and there were—yeas 241, nays Arcuri Driehaus Kilpatrick (MI) Rehberg Bono Mack Hunter Baca Edwards (MD) Kilroy Reichert 173, not voting 18, as follows: Boozman Inglis Baird Edwards (TX) Kind Roe (TN) Boren Issa [Roll No. 789] Baldwin Ellison Kirkpatrick (AZ) Rogers (AL) Boustany Jenkins Barrow Ellsworth Kissell Rogers (KY) YEAS—241 Brady (TX) Johnson (IL) Bean Engel Klein (FL) Rogers (MI) Abercrombie Dahlkemper Herseth Sandlin Broun (GA) Johnson, Sam Becerra Eshoo Kosmas Rohrabacher Ackerman Davis (AL) Higgins Brown (SC) Jones Berkley Etheridge Kucinich Rooney Adler (NJ) Davis (CA) Hill Brown-Waite, Jordan (OH) Berman Farr Langevin Ros-Lehtinen Altmire Davis (IL) Himes Ginny King (IA) Berry Fattah Larsen (WA) Roskam Andrews Davis (TN) Hinchey Buchanan King (NY) Bishop (GA) Filner Larson (CT) Royce Baca DeGette Hinojosa Burgess Kingston Bishop (NY) Foster Lee (CA) Baird Delahunt Hirono Burton (IN) Kirk Ryan (WI) Blumenauer Frank (MA) Levin Baldwin DeLauro Hodes Buyer Kline (MN) Schmidt Boccieri Fudge Lewis (GA) Barrow Dicks Holden Calvert Kratovil Schock Boucher Giffords Lipinski Bean Dingell Holt Camp Lamborn Sensenbrenner Brady (PA) Gonzalez Loebsack Becerra Doggett Honda Campbell Lance Sessions Braley (IA) Gordon (TN) Lowey Berkley Donnelly (IN) Hoyer Cantor Latham Shadegg Bright Grayson Luja´ n Berman Doyle Inslee Capito LaTourette Shimkus Brown, Corrine Green, Al Lynch Berry Driehaus Israel Cardoza Latta Shuster Butterfield Green, Gene Maffei Bishop (GA) Edwards (MD) Jackson (IL) Carter Lee (NY) Simpson Capps Grijalva Maloney Bishop (NY) Edwards (TX) Jackson-Lee Cassidy Lewis (CA) Smith (NE) Capuano Gutierrez Markey (CO) Blumenauer Ehlers (TX) Castle LoBiondo Smith (NJ) Carnahan Hall (NY) Markey (MA) Boccieri Ellison Johnson (GA) Chaffetz Lucas Smith (TX) Carson (IN) Halvorson Marshall Boucher Ellsworth Johnson (IL) Childers Luetkemeyer Souder Castor (FL) Hare Massa Brady (PA) Engel Johnson, E. B. Coble Lummis Stearns Chandler Harman Matheson Braley (IA) Eshoo Kagen Coffman (CO) Lungren, Daniel Sullivan Chu Hastings (FL) Matsui Brown, Corrine Etheridge Kanjorski Cole E. Terry Clarke Heinrich McCarthy (NY) Butterfield Farr Kaptur Conaway Mack Thompson (PA) Clay Herseth Sandlin McDermott Capps Fattah Kennedy Costa Manzullo Thornberry Cleaver Higgins McGovern Capuano Filner Kildee Crenshaw Marchant Tiahrt Clyburn Hill McIntyre Carnahan Foster Kilpatrick (MI) Culberson McCarthy (CA) Tiberi Cohen Himes McMahon Carson (IN) Frank (MA) Kilroy Davis (KY) McCaul Turner Connolly (VA) Hinchey McNerney Castor (FL) Fudge Kind Dent McClintock Upton Cooper Hinojosa Meek (FL) Chaffetz Giffords Kirkpatrick (AZ) Diaz-Balart, L. McCotter Walden Costello Hirono Meeks (NY) Chandler Gonzalez Kissell Diaz-Balart, M. McHenry Wamp Courtney Hodes Michaud Chu Gordon (TN) Klein (FL) Dreier McKeon Westmoreland Crowley Holden Miller (NC) Clarke Grayson Kosmas Duncan McMorris Whitfield Cuellar Holt Miller, George Clay Green, Al Kratovil Ehlers Rodgers Wilson (SC) Cummings Honda Mitchell Cleaver Green, Gene Kucinich Fallin Mica Wittman Dahlkemper Hoyer Moore (KS) Clyburn Griffith Langevin Flake Miller (FL) Wolf Davis (AL) Inslee Moore (WI) Cohen Grijalva Larsen (WA) Forbes Miller (MI) Young (AK) Davis (CA) Israel Moran (VA) Connolly (VA) Gutierrez Larson (CT) Fortenberry Miller, Gary Young (FL) Davis (IL) Jackson (IL) Murphy (CT) Cooper Hall (NY) Lee (CA) Davis (TN) Jackson-Lee Murphy (NY) Costello Halvorson Levin DeGette (TX) Murphy, Patrick NOT VOTING—19 Courtney Hare Lewis (GA) Delahunt Johnson (GA) Murtha Boswell Carney DeFazio Crowley Harman Lipinski DeLauro Johnson, E. B. Nadler (NY) Boyd Conyers Emerson Cuellar Hastings (FL) Loebsack Dicks Kagen Napolitano Cao Deal (GA) Fleming Cummings Heinrich Lowey

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00046 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25008 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 Luja´ n Pastor (AZ) Slaughter Terry Turner Wilson (SC) ment extension legislation, assuming Lynch Payne Smith (NJ) Thompson (PA) Upton Wolf that is passed by the Senate. Maffei Perlmutter Snyder Thornberry Wamp Young (AK) Maloney Perriello Space Tiahrt Westmoreland Young (FL) Mr. MCCARTHY of California. Re- Markey (CO) Peters Speier Tiberi Whitfield claiming my time, I thank the major- Markey (MA) Pingree (ME) Spratt NOT VOTING—18 ity leader for that information. And Marshall Polis (CO) Stark Massa Pomeroy Boswell DeFazio McCollum knowing from time to time we do this, Stupak in watching the colloquy that you do Matheson Price (NC) Sutton Boyd Emerson Melancon Matsui Quigley Taylor Cao Hall (TX) Mollohan with our whip, Mr. CANTOR, I know last McCarthy (NY) Rahall Teague Carney Harper Radanovich week you told him not to expect the McDermott Rangel Conyers Linder Scalise Thompson (CA) McGovern Reyes Deal (GA) Lofgren, Zoe Smith (WA) health care bill on the floor until the Thompson (MS) McIntyre Richardson last week in October at the earliest. Tierney McMahon Rodriguez b 1635 Titus Do you still think this is the case, McNerney Ross the last week of October? Meek (FL) Rothman (NJ) Tonko Mrs. BONO MACK changed her vote Meeks (NY) Roybal-Allard Towns from ‘‘yea’’ to ‘‘nay.’’ Mr. HOYER. I certainly think it’s the Michaud Ruppersberger Tsongas So the bill was passed. case not to expect it before the last Miller (NC) Rush Van Hollen week in October. ´ The result of the vote was announced Miller, George Ryan (OH) Velazquez As I’ve indicated in the past, we in- Mitchell Salazar Visclosky as above recorded. Moore (KS) Sa´ nchez, Linda Walden A motion to reconsider was laid on tend to give 72 hours’ notice of having Moore (WI) T. Walz the table. the bill posted for the public and for Moran (VA) Sanchez, Loretta Wasserman Members prior to bringing it to the Murphy (CT) Sarbanes Schultz f floor. We are still working to bring Murphy (NY) Schakowsky Waters Murphy, Patrick Schauer Watson PERSONAL EXPLANATION– that bill to a point where CBO can give Murtha Schiff us a final score. We believe CBO is Watt Mr. CONYERS. Mr. Speaker, on October Nadler (NY) Schrader Waxman going to take probably a week to 15, 2009, I was unable to cast votes, due to Napolitano Schwartz Weiner maybe a little longer than a week. So Neal (MA) Scott (GA) personal reasons. I was not present for rollcall Welch it certainly would not be before the Nye Scott (VA) Wexler votes 788 and 789. Had I been present, I Oberstar Serrano Wilson (OH) last week in October, and it may well Obey Sestak would have cast a ‘‘nay’’ vote on the motion Wittman be the first week in November. Olver Shea-Porter to recommit H.R. 2442 and I would have voted Woolsey Mr. MCCARTHY of California. I Ortiz Sherman ‘‘yea’’ on final passage of H.R. 2442, the Bay Pallone Shuler Wu thank the gentleman. Area Regional Water Recycling Program Ex- Pascrell Sires Yarmuth I just want to make sure I heard cor- pansion Act of 2009. rectly. You will wait until the bill is NAYS—173 f scored and you will allow 72 hours for Aderholt Duncan McCotter the public to also be able to view and Akin Fallin McHenry PERSONAL EXPLANATION– Alexander Flake McKeon read the bill; is that correct? Arcuri Fleming McMorris Mr. BOYD. Mr. Speaker, due to personal Mr. HOYER. We will wait 72 hours Austria Forbes Rodgers reasons, I was unable to attend to votes this until after the bill is posted. Now, I Bachmann Fortenberry Mica week. Had I been present, my votes would don’t think I said that that necessarily Bachus Foxx Miller (FL) have been as follows: ‘‘Yea’’ on H. Res. 800; Barrett (SC) Franks (AZ) Miller (MI) will be after the scoring. But essen- Bartlett Frelinghuysen Miller, Gary ‘‘yea’’ on H.R. 2892; ‘‘yea’’ on H.R. 2423; and tially, we don’t think we’re going to Barton (TX) Gallegly Minnick ‘‘yea’’ on H.R. 2442. post the bill until the scoring. If, how- Biggert Garrett (NJ) Moran (KS) Bilbray Gerlach Murphy, Tim f ever, for some reason there was some- Bilirakis Gingrey (GA) Myrick what of a delay in scoring but we had Bishop (UT) Gohmert Neugebauer LEGISLATIVE PROGRAM the majority of it and posted the bill, Blackburn Goodlatte Nunes (Mr. MCCARTHY of California asked Blunt Granger Olson the 72 hours will run from the posting Boehner Graves Paul and was given permission to address of the bill. Bonner Guthrie Paulsen the House for 1 minute.) In addition, Mr. MCCARTHY, what I Bono Mack Hastings (WA) Pence Mr. MCCARTHY of California. Mr. indicated last week, and we still will Boozman Heller Peterson Boren Hensarling Petri Speaker, I yield to the gentleman from hold to, if there is a manager’s amend- Boustany Herger Pitts Maryland, the majority leader, for the ment, as there may well be, we will Brady (TX) Hoekstra Platts purpose of announcing next week’s also assure that there is 72 hours from Bright Hunter Poe (TX) schedule. the posting of the manager’s amend- Broun (GA) Inglis Posey Brown (SC) Issa Price (GA) Mr. HOYER. I thank the gentleman ment. Now, if the manager’s amend- Brown-Waite, Jenkins Putnam for yielding. ment and the bill are posted at the Ginny Johnson, Sam Rehberg On Monday, the House will not be in same time, obviously that would be the Buchanan Jones Reichert Burgess Jordan (OH) Roe (TN) session. On Tuesday, the House will same 72 hours. If, on the other hand, Burton (IN) King (IA) Rogers (AL) meet at 12:30 p.m. for morning-hour de- the manager’s amendment is posted a Buyer King (NY) Rogers (KY) bate and 2 p.m. for legislative business day or so later, then the 72 hours would Calvert Kingston Rogers (MI) with votes postponed until 6:30 p.m. On run from the posting of the manager’s Camp Kirk Rohrabacher Campbell Kline (MN) Rooney Wednesday and Thursday, the House amendment. Cantor Lamborn Ros-Lehtinen will meet at 10 a.m. for legislative It is our intent to make sure that ev- Capito Lance Roskam business, and on Friday, the House will erybody has 72 hours to review what- Cardoza Latham Royce Carter LaTourette Ryan (WI) meet at 9 a.m. for legislative business. ever legislation and/or amendments Cassidy Latta Schmidt We will consider several bills under will be considered on the floor. Castle Lee (NY) Schock suspension of the rules. The complete Mr. MCCARTHY of California. I Childers Lewis (CA) Sensenbrenner list of suspension bills, as is the cus- thank the gentleman for that. Coble LoBiondo Sessions Coffman (CO) Lucas Shadegg tom, will be announced by the close of The only thing I would follow up to Cole Luetkemeyer Shimkus business tomorrow. that and ask, knowing some of the be- Conaway Lummis Shuster In addition, we will consider H.R. havior on some of the other bills and Costa Lungren, Daniel Simpson Crenshaw E. Skelton 3585, the Solar Technology and Road- some of the concerns that people had of Culberson Mack Smith (NE) map Act of 2010, sponsored by when they were posted—some posted at Davis (KY) Manzullo Smith (TX) GABRIELLE GIFFORDS, and H.R. 3619, the 3 o’clock in the morning when the Dent Marchant Souder Coast Guard Authorization Act of 2010. Rules Committee filed when it came to Diaz-Balart, L. McCarthy (CA) Stearns Diaz-Balart, M. McCaul Sullivan In addition, we may consider Senate Energy and Commerce and the cap-and- Dreier McClintock Tanner amendments to the House unemploy- trade bill—when you count the 72

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00047 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25009 hours, would this be like business I thank the gentleman for yielding. I thank the gentleman for talking hours? Like, if it’s late into the night, Mr. MCCARTHY of California. I about that. can we wait until the morning so peo- thank the gentleman. I do have another thing I would like ple will have the ability to start the I do agree with the gentleman that to talk to the gentleman about. You al- clock? the public has been very aware of this ways hear rumors. That’s what’s nice I yield to the gentleman. bill. The gentleman is saying that the to have this colloquy, to try to make Mr. HOYER. We’re not going to do 72 majority of this bill is going to be the sure we get them, if they are right or if business hours. We’re going to do 72 same as H.R. 3200, but you may change they are wrong. I have heard rumors hours. We’re going to have the full 3 the number, and knowing that the pub- during the week of a plan to attach days if people want to read the bill. If lic has—— that D.C. voting bill that we all know they want to read it at night, they can Mr. HOYER. Will the gentleman about to the Department of Defense ap- do that. If they want to read it on Sat- yield? propriation conference report. That urday or Sunday, they can do that. Mr. MCCARTHY of California. I would be of concern to me because it But it was a good try. yield. would be showing a propensity to use Mr. HOYER. I want to be accurate, Mr. MCCARTHY of California. I’ll our men and women in uniform to and I want to characterize it as I did just ask the gentleman, knowing the carry controversial legislation, much characterize it. Clearly, many of the size that this bill will be, one, to make like a debate we had last week. So my proposals that came out of the Ways sure that we have a scoring; two, the question to you is, when do you expect amount that the American public has and Means Committee, the Energy and this conference report to come to the been engaged in this process from the Commerce Committee and the Edu- floor? cation and Labor Committee will be town hall meetings that many people And the second part would be, will it very much alike, or similar to, what have had and the knowledge of what include the D.C. voting bill as ru- will be in the bill that is put together they have in going forward and know- mored? from those three committees. I think ing the changes that have been talked I yield to the gentleman. that would not come as a surprise to about; but three, not from a Repub- Mr. HOYER. I can’t tell you when it anybody. lican side or Democrat side, but truly, will come to the floor. As you know, when I sat and listened to the town Will there be, as we put these to- gether, some changes perhaps from the Senate just passed it recently, the hall meetings, one of the frustrations latter part of last week or the begin- they had with this House—I know peo- what was in the original three bills? There may be. My point was, and I ning of this week, I think, and we have ple think process is wrong—is the not appointed conferees. So I can’t give transparency. And I applaud you for think it is valid, is that the over- whelming majority of the proposals you the answer, really, to either ques- telling us the 72 hours. I would just ask tion, because we don’t have conferees the majority to be cognizant of what that will ultimately end up either in the Senate or the House bill have been appointed as it relates to the D.C. bill, happens if you start the clock at 5 as you know. o’clock in the morning, you start the available to the public for a long period of time, either in the HELP bill out of We have talked about the Defense clock at 3 o’clock in the morning, the bill. We have an Armed Forces. The public has a real concern about that, the Health, Education, Labor and Pen- sion Committee of the Senate, or in the Armed Forces is dedicated to the de- and we would as well. fense of freedom and the preservation Mr. HOYER. Will the gentleman Senate Finance Committee, of course, has been a shorter time because they of democracy. We have lost over 4,500 yield? troops in Iraq. The people of Baghdad Mr. MCCARTHY of California. Glad- have just completed their work. But it can elect members of their parliament ly. is certainly not going to be H.R. 3200; it Mr. HOYER. I appreciate what the will be an amalgam, and it will have today because our young men and gentleman has said; however, the gen- incorporated many of the additional women, and some not so young, fought, tleman, I am sure understands, the thoughts and comments that we’ve re- and too many died so that the people of overwhelming majority of this bill will ceived from the public during the Baghdad could elect a voting member have been on the Web site since July. month of August, September and of their parliament. frankly since July. It is somewhat ironic that in the b 1645 I thank the gentleman for yielding. symbol of democracy around the world, The overwhelming majority of this Mr. MCCARTHY of California. I that our fellow citizens, some 600,000 of bill, it’s going to be a new bill and will thank the gentleman. them, don’t have a voting representa- have a new number, but this has been The gentleman talks about the three tive in their parliament, the House of probably the most transparent, re- committees, Ways and Means, the En- Representatives, the people’s House. I viewed bill in the 29 years that I have ergy and Commerce and the Education think that’s an egregious undermining been in the House of Representatives, I and Labor, and that bill that they took of the principles for which our men and will tell my friend. As you know, we’ve up was 3200. And you say there might women fight, for which we stand and to been working between the House and be some other debate. Just to remind which we have pledged support of our the Senate. I’ve had discussions with the gentleman, that bill didn’t take ef- Constitution. Now whether or not that Mr. CANTOR and others on your side. fect, the actions within health care, will be included in the Defense bill, it We haven’t reached any agreement, as until 2014, but the taxes and the Medi- is about democracy. It is about partici- the gentleman knows. I’m sorry about care cuts took effect next year. So I pation. It is about respect. that. But I want to say in all honesty, just want to stress the point that we I will tell my friend, I don’t know I can’t remember a bill in my 29 years have 72 hours in making sure, in busi- whether that’s going to be. I’ve heard in the House of Representatives that ness time, that people can see it. some discussion about that myself. But has had more review, more discussion, The gentleman says it is going to whether it is or not, I will tell my more people involved in town meetings change, and you have public out there, friend that I will continue to fight as around this country, more discussion and the public has knowledge of H.R. hard as I can to try to figure out how in the media, and has been longer on 3200, that they can be able to see what- I can bring that bill to the floor, get it the Internet for review from beginning ever changes. So very cognizant of not to a vote, and give the people of the to end than this particular piece of leg- being someone running the clock late District of Columbia, our fellow citi- islation. at night while people are sleeping, I un- zens, the right to vote as the citizens So I think when we talk about trans- derstand time difference. I come from in Baghdad can do, the citizens in Mos- parency, this bill has probably been the California. But the most open trans- cow can do, the citizens in every free most transparently considered bill that parency we could would really be one country in the world except the United I have been involved in in my tenure that would bring respect back to this States of America, can do. I think here. House. that’s a blot on our democracy. I would

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00048 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25010 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 hope that we would erase that blot as think that is lamentable. It’s also un- just with the subject matter of defense. soon as we can in any way that we can. fortunate. That’s as I took your question. My re- I yield back to the gentleman and Mr. MCCARTHY of California. I sponse to you was, I think that’s a thank him for yielding. would add to the gentleman, I know good point. Mr. MCCARTHY of California. I you know numbers. You got elected Would you help me, then, do the thank the gentleman for his passion majority leader. You have more than same for the D.C. bill, which also and the answer, but should I take it 218. There’s 178 on this side. You have stands for democracy, clean, not ob- that that is still a possibility, then? the power I never had when we were structed by issues which are obviously Mr. HOYER. Most things are pos- here to schedule this floor at any time. very controversial, which are not con- sible. You have the power to schedule this sistent with considering simply the Mr. MCCARTHY of California. One floor. You have the power to move for- very simple, straightforward question, thing I would offer to the gentleman, ward. When I asked you about at the do the 600,000 citizens of the District of the passion which you started speaking very beginning as we talk about our Columbia, American citizens, our when you talked about the troops, I troops, let’s make sure we have a very neighbors, have the right as our citi- will never question your passion for clean bill is the desire on this side of zens have, of having us have a vote the troops. I haven’t been in this House the aisle. that counts on the floor of the House of long. This is my third year. When I Mr. HOYER. Again, if you will yield, Representatives? That’s all I was re- come into this building, I still get what I was responding to is your obser- sponding to. goose bumps. I know we have our philo- vation about a clean bill. My response Mr. MCCARTHY of California. And I sophical differences. I think they are was, would the gentleman work with was telling you, I will be more than constructive. I think debates are con- me to perhaps get both of our sides to glad to help you as long as it is a clean structive. But the one thing I firmly vote on a rule that provides for a clean bill, that you have an open rule, the believe, when we talk about the De- consideration of whether or not the way the American public believes this partment of Defense, when we talk representative of 600,000 of our fellow floor is supposed to be run, that people about the fact that we have men and citizens who live in the capital of the could have power of the idea, could ac- women in harm’s way, we should never United States of America, the symbol tually raise an issue and raise a debate. play politics with it. of democracy throughout the world, I thank the gentleman for the col- I will make this pledge to you. When but who do not have a voting rep- loquy. But the one thing I would like you talk Department of Defense and resentative, would my friend help me to lead in with is the last couple of you talk about funding supplementals do that? Because I haven’t been able to questions. This week the House over- and others, I won’t come here as a Re- do it. With all that power you think I whelmingly voted for the BARNEY publican, I will come here as an Amer- have and with the gavel that you think FRANK-authored Iran Sanctions Ena- ican. And the more ability that we we have, we haven’t been able to that. bling Act. I know you put out a press have to not put anything within that, I Would you help me do that? release about the strong message to would guarantee you, you would have a Mr. MCCARTHY of California. To the Tehran that unless it abides by its much greater ability to work together gentleman, I will always help you work international norms, its economic iso- to make sure our men and women have because you explain to me each and lation will continue. On the same day whatever they need to carry out what- every day, and you show us each and we passed the Frank bill, news reports ever mission. every day from the committee to the from Moscow indicated that Russia has Mr. HOYER. Will my friend yield? bill we took up today on the floor when no stomach for further sanctions Mr. MCCARTHY of California. Glad- it came up about water. You have the against Iran. ly. power of the Rules Committee. If you Given your praise for the Frank bill Mr. HOYER. I appreciate that rep- can guarantee me that it’s an open rule and the fact that Russia feels unwilling resentation. I pose a question to my when it comes to the floor and has to go along with new sanctions, is it friend. open debate, the idea that the Found- your intention not to consider Chair- Would he help me bring the District ing Fathers, the idea that the dome of man HOWARD BERMAN’s Iran sanctions of Columbia bill to the floor as a clean this Capitol, it’s the second dome, bill this year? bill on the question of whether the citi- when did they start building it? During Mr. HOYER. I expect to consider it. zens of the District of Columbia’s rep- the Civil War, not even knowing if this The chairman has announced that he resentative ought to be able to vote as country would come together. But the expects to consider that, not next week every one of us can on this floor? idea that the power of this floor, that but the week after. I have told the Mr. MCCARTHY of California. If the the idea would be able to work—— chairman, as I told Mr. CANTOR last gentleman from across the way in the Mr. HOYER. Do you know who helped week, that I expect to bring it to the majority would ever let me have the build this dome? Slaves. We thought floor shortly after it’s passed out of gavel, I will guarantee you, I could that was wrong. committee. bring a lot of bills to the floor. Mr. MCCARTHY of California. The Mr. HOYER. That was not an answer only person who could actually put the Mr. MCCARTHY of California. So to my question, I respectfully suggest very top together was a slave, because should I assume by the end of October, to you. It was a serious question. we bought it from the French, and they or am I missing something? The reason the hate crime bill was on wanted more money to put the direc- Mr. HOYER. He says not next week the armed services bill, which it tions together. A slave sat inside and but the week after. And whenever he shouldn’t have been, it was because we put that monument together. And passes it, I will bring it out shortly couldn’t get 60 votes to bring it up on that’s what this body was built on. thereafter. So it could either be the the floor, notwithstanding the fact I yield to the gentleman. last of October or the very first few that the majority of the Senate and Mr. HOYER. My comment is a very days of November. So in 2 or 3 weeks at the majority of the House supported simple question, and you wanted to the outside. that bill. have an open rule. Mr. MCCARTHY of California. Let The gentleman talks, very persua- Mr. MCCARTHY of California. I want me make sure I hear you correctly. The sively in my view, about bringing up an open rule. Is that unfair? We just committee says, the chairman, it will bills in the proper order. The problem talked about transparency, sir. pass out within the next 2 weeks ap- is, very frankly, we don’t have the In- Mr. HOYER. I’m talking about the proximately. And your pledge to the terior bill this week and we don’t have Defense bill and your concern about committee chairman was to bring it to some other bills because frankly we D.C. vote being added to the Defense the floor directly afterwards within can’t get 60 votes to consider them on bill. My retort to you, because you that week? the floor of the United States Senate. I wanted the Defense bill clean to deal I yield.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00049 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25011 b 1700 As a wife and a mother, I know what we offer our congratulations to the Mr. HOYER. I don’t know whether I a positive impact this effort can have Minnesota honor guard team, let us made a pledge. I am very much for this. by instilling the values of service at a also remember those who have given I am a cosponsor of that. I want to pass young age. Let’s all sign up for Hands their lives in the name of the United it as soon as possible. on Miami on Saturday, November 7. States of America and continue today It’s been the chairman’s judgment as f to recognize those that also work and to when to bring it up. He is going to serve to protect our country each and IMPROVE HEALTH CARE AFFORD- every day. bring it up, and I am going to bring it ABILITY, ACCESS, QUALITY AND as soon thereafter as is practical, CHOICE f which I suspect to be a matter of days. (Mr. THOMPSON of Pennsylvania WE CAN’T BORROW, TAX, AND But if he passes it on Thursday and if asked and was given permission to ad- SPEND TO PROSPERITY we are not scheduled to be here on a dress the House for 1 minute and to re- (Mr. WILSON of South Carolina Friday, I don’t know that I will sched- vise and extend his remarks.) asked and was given permission to ad- ule Friday; we may pass it Tuesday, Mr. THOMPSON of Pennsylvania. dress the House for 1 minute and to re- but I expect to pass it very shortly Mr. Speaker, we must improve health vise and extend his remarks.) after it passes out of committee. care affordability, access, quality and Mr. WILSON of South Carolina. Mr. Mr. MCCARTHY of California. I will choice. We must not, however, pass a Speaker, more Americans are looking make this pledge: I know you asked me sweeping government takeover of for jobs, families are in crisis and fac- for help. I will help you with this bill, health care. ing the tragedy of foreclosure. too. We should just fix what is broken. Yet in Washington, Democrats con- Mr. HOYER. This bill, frankly, with Medical liability and defensive medi- tinue to push their out-of-touch agen- all due respect, your help would be cine costs are broken. da, which will eliminate jobs and tax nice, but not needed. It’s the other bill Mr. Speaker, we need tort reform. families and small businesses. Under I need your help on. The economic and professional con- the Democrat national energy tax, Mr. MCCARTHY of California. Well, I sequences of medical liability lawsuits prices will skyrocket to heat and cool thought that I would put that offer out are driving the practice of defensive homes, drive cars and shop for food. there to you. When you bring it, I will medicine. Under the Democrat Big Government be there to help you. Here are the facts: medical liability health care takeover, senior citizens I thank the gentleman for his time. premiums in the United States have are under attack. Families and small f reached $26 billion a year. The average businesses will pay more taxes as they are forced to navigate a sea of new reg- HOUR OF MEETING ON TOMORROW award is $4.7 million. More than 93 per- cent of Pennsylvania physicians re- ulations and mandates from a health Mr. HOYER. Mr. Speaker, I ask ported engaging in defensive medicine. czar. In the meantime, Democrats are unanimous consent that when the I have cosponsored H.R. 3400, the Em- scheming new ways to borrow taxpayer House adjourns today, it adjourn to powering Patients First Act, that pro- dollars to top this year’s record $1.4 meet at 11 a.m. tomorrow; and, further, vides tort reform. There will be no trillion deficit. Such actions will only when the House adjourns on that day, limit to actual economic damages to increase the catastrophe of high unem- it adjourn to meet at 12:30 p.m. on the patient. There would be a limita- ployment. Tuesday, October 20, 2009, for morning- tion on punitive damages, and they We need to end this attack on senior hour debate. would be determined by a special citizens and small businesses. Both The SPEAKER pro tempore (Mr. health care panel that would have parties should work helping our small KRATOVIL). Is there objection to the re- judges with health care expertise. businesses get families back to work. quest of the gentleman from Maryland? I urge my colleagues to support H.R. There was no objection. In conclusion, God bless our troops, 3400 for a first step towards real health and we will never forget September the f care reform. 11th in the global war on terrorism. HANDS ON MIAMI’S MIAMI DAY f f (Ms. ROS-LEHTINEN asked and was RECOGNIZING THE MINNESOTA U.N. HUMAN RIGHTS COUNCIL given permission to address the House NATIONAL GUARD HONOR GUARD ONCE AGAIN POISED TO UN- for 1 minute and to revise and extend TEAM ON THEIR VICTORY JUSTLY CONDEMN ISRAEL her remarks.) (Mr. PAULSEN asked and was given (Ms. FOXX asked and was given per- Ms. ROS-LEHTINEN. Mr. Speaker, I permission to address the House for 1 mission to address the House for 1 rise today to recognize the outstanding minute.) minute.) organization, Hands on Miami, for con- Mr. PAULSEN. Mr. Speaker, I rise Ms. FOXX. Mr. Speaker, this week tinuing to make south Florida a better today to recognize the Minnesota Na- the U.N. Human Rights Council is con- place. tional Guard Honor Guard team for sidering a highly biased and one-sided Hands on Miami is a unique commu- their victory at the Army’s recent Na- report on Israel’s defense against the nity service organization created in tional Guard Honor Guard competition attacks of Hamas this past January. 1993 that offers opportunities for all to in Fort Myer, Virginia. The council, which has been fre- become involved. This year, Hands on The competition featured eight of the quently discredited by its coddling of Miami will host Miami Day in conjunc- most elite honor guard teams from real human rights violators, is back to tion with Miami-Dade College on No- around the country, testing their its favorite pastime, condemning the vember 7. knowledge, testing their abilities and nation of Israel for defending itself Since 1995, Hands on Miami has performing military funeral honors, against the attacks of violent terrorist brought together residents from all uniform items and other aspects of groups like Hamas. Its latest faux cru- over to improve our neighborhoods. It military honors. Properly honoring the sade will only serve to further under- started with 800 volunteers and is now men and women who have given their mine any scrap of legitimacy that the over 4,000 volunteers. They have lives and service to the United States body may have left. partnered with United Way, schools demands the utmost commitment, at- If the council votes to condemn and businesses. Ten years ago, Hands tention to detail, and training. Israel and accuse it of war crimes, it’s on Miami began the innovative Family The Minnesota National Guard holds committing a great injustice and al- Volunteer Program to encourage fami- that commitment in the highest re- lowing itself to serve as a mouthpiece lies to participate together in commu- gard, and their victory in this competi- for those who wish to sabotage a true nity service events. tion is a testimony to that fact. But as and lasting peace in Israel.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00050 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25012 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 This report is not about human These companies must be held ac- cation to helping improve the lives of rights abuses. It’s about taking biased countable for their decisions and for those in need. cheap shots at the nation of Israel and the Federal assistance they only too He has strong south Florida ties. I undermining its right as a sovereign gladly accepted. That’s why I sup- am proud to call him a friend, along nation to defend itself against attacks. ported legislation to block these bo- with our mutual friend, Jennie Block, The U.S. must continue to stand by nuses and to ensure that taxpayers re- who has also worked so hard on issues Israel, a strong democratic ally in the ceive a full refund. I will continue to of concern to the Haitian community. Middle East. press my colleagues and the adminis- I understand that the conference on f tration to ensure that as Wall Street the Inter-American Development Bank again enjoys profitability, American in Haiti went quite well. I was pleased LET’S GET TO THE WORK OF THE taxpayers also see some reward. to see that the United Nations voted PEOPLE I want to commend Chairman FRANK unanimously this week to extend the (Mr. GOHMERT asked and was given and the Financial Services Committee authorization for the U.N. Mission in permission to address the House for 1 for their hard work on the financial Haiti for another year. minute.) regulatory overhaul that is so criti- b 1715 Mr. GOHMERT. Mr. Speaker, earlier cally needed in our country to prevent this afternoon we heard the chairman another crisis from happening. I anx- I would also like to take a moment of the Education Committee really iously look forward to seeing this legis- to express my condolences to the fami- fiery and passionate, fussing, looking lation come to the floor very soon. It’s lies of those who lost their lives in last over at this side talking about Repub- clear that our financial system de- weekend’s plane crash during a U.N. licans playing politics and how this mands commonsense regulation, in- mission. The U.N. mission in Haiti has side over here had been playing politics creased transparency, and improved helped to play an important role in with the water bill. There is nothing in oversight. bringing security and stability to some playing politics when you are talking Wall Street CEOs cannot run their of the most dangerous neighborhoods about tens of thousands of people being businesses assuming that the fruits of in Haiti. I continue to support its mis- out of work and an important part of success will be entirely theirs to enjoy sion and the many men and women the country not being able to produce. while the cost of failure will be shared, from around the world who work to What would be playing politics is will be the shared responsibility of the carry it out. when the chairman of the committee American people. Wall Street’s com- However, it seems that Haiti just finds out that someone opposing the pensation plans can no longer benefit can’t get to the next step. From assist- water bill from California has a motion top executives at the expense of their ance to debt relief, from trade benefits to recognize the University of Cali- companies, shareholders and employ- to hurricane recovery, U.S. policy to- fornia, Irvine, for winning the NCAA ees, and ultimately the American tax- ward Haiti has run the gamut, but it is national championship in men’s payer. not achieving the long-term goals that volleyball and pulls the bill because he After all this country has been we had hoped for for the Haitian people opposes the chairman’s bill. My through, when we have an unemploy- and that the Haitian people want for friends, that’s playing politics, and it ment rate of 9.8 percent nationally, and themselves and their nation. is outrageous. especially when 12.8 percent of Rhode I am pleased to know that our State Let’s stop the games and get to the Islanders are unemployed, seeing that Department is taking a closer look at work of the people. Wall Street has not learned its lesson some of the challenges we are facing in Haiti. Last week, Secretary Clinton’s f is a tremendous disappointment. We have to take action now so that we chief of staff and her point person on SPECIAL ORDERS don’t go down this road again. Haiti briefed Members on some of the initial findings of this review. The SPEAKER pro tempore. Under f the Speaker’s announced policy of Jan- I am confident that this review will uary 6, 2009, and under a previous order HAITIAN PEOPLE PURSUE STABLE, help us to better understand how U.S. of the House, the following Members PROSPEROUS AND DEMOCRATIC assistance to Haiti can be better tar- will be recognized for 5 minutes each. FUTURE geted and supportive of Haiti’s own f The SPEAKER pro tempore. Under a plans and goals; how assistance within previous order of the House, the gentle- the donor community can be better co- AIG’S EXECUTIVE BONUSES woman from Florida (Ms. ROS- ordinated; how the U.S. can better en- The SPEAKER pro tempore. Under a LEHTINEN) is recognized for 5 minutes. gage the Haitian Diaspora in our as- previous order of the House, the gen- Ms. ROS-LEHTINEN. Mr. Speaker, I sistance efforts; and, finally, how the tleman from Rhode Island (Mr. LAN- rise today to express my longstanding U.S. can finally make our assistance GEVIN) is recognized for 5 minutes. commitment to assist the Haitian peo- sustainable so that outside efforts can Mr. LANGEVIN. Mr. Speaker, I rise ple in their pursuit of a stable, pros- ultimately be transferred into the today to express my deep outrage over perous and democratic future. hands of the Haitian government and AIG’s plans to give $198 million in bo- During my trip to Haiti, I was re- its people. nuses to their employees next March, minded of the tremendous challenges It is crucial that the efforts made by especially after paying out $165 million facing this island nation. The U.N.’s the U.S., the U.N. and others are effec- in bonuses earlier this year. Mean- appointment of President Clinton as tively coordinated to ensure maximum while, Goldman Sachs is on track to special envoy to Haiti has helped to efficiency and maximum benefit for the provide a record payout to its execu- keep a much-needed spotlight on Haiti. people of Haiti. Innovative microcredit tives by the end of 2009 and other firms President Clinton’s appointment of Dr. and microenterprise programs would will undoubtedly follow suit. Paul Farmer as the Deputy U.N. Spe- help to empower individuals, create Well, I find it infuriating and insult- cial Envoy for Haiti, adds an invalu- self-reliance and create sustainability ing that these firms continue to reward able wealth of experience and knowl- at the grassroots level. We should also incompetence and egregious risk-tak- edge to the U.N.’s work in Haiti. look at the very small-scale renewable ing with taxpayer money. They have As a founder of Partners in Health energy programs for impoverished not only received billions in direct and the Institute for Justice & Democ- rural villages and settlements that are Federal bailouts to avert crises largely racy in Haiti, Dr. Farmer has dem- not served by electric grids. of their own making, but they also ben- onstrated a selfless commitment to the One of the immediate ways we can efited from an array of Federal fiscal advancement of health and democracy help the people of Haiti would be to policies that have placed increased bur- in Haiti for the past 20 years. I have grant temporary protected status to dens on taxpayers and our deficit. witnessed firsthand Dr. Farmer’s dedi- the Haitians currently living in the

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00051 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25013 U.S. Granting TPS to Haitians is the petition for the health insurance com- every day I hear my Republican friends missing piece of a successful U.S. ap- panies is refreshing. thumping their chest, you gotta pro- proach to supporting the people of They have made it crystal clear. The tect the VA, you gotta protect Medi- Haiti in the short and long term. I will private insurance companies have said, care. continue to work with my colleagues you know what? If you don’t have com- Oh, yeah? But you don’t want to ex- to encourage the administration to petition for us, rates are going to keep tend it to the rest of the country. Why take this important step. going up. is that? What is the big fear? The fear In addition, I will continue to sup- The public option, by the way, is not is, they are in a wholly owned sub- port Haiti’s inclusion in security ini- a mysterious thing. A lot of my col- sidiary of this group right here. This is tiatives, such as the Merida Initiative, leagues here in the House of Represent- the private insurance companies, the to ensure that the U.S. is doing all we atives have it. Yes. They have Medi- ones that wrote this report that says can to help President Preval in his ef- care. And I checked. Not a single one of that rates are going to go up 111 per- forts against the narcotraffickers. them that is eligible for the govern- cent. Success in Haiti is in the U.S. na- ment public plan we have today has Now, in this $854 billion, do you know tional security interest, and we must said no. Maybe it is because they are how much of that is profits and over- work together to help address the like the country, that says, you know head? Take a guess. Up to 30 percent. many challenges we face and that our what? Ninety-six percent of people say And what some us are saying is, if you Caribbean neighbor faces day in and they like Medicare. They like the care want to find savings in the system, and day out. they get. It only has 3.5 percent over- you don’t want to cut into health care, f head, not the 30 percent overhead and maybe it is a place to start. Can you do profits that private insurance compa- maybe with 10 percent? 12 percent? 15 PURSUIT OF AFFORDABLE nies get. percent? Up to 30 percent. That is sav- HEALTH CARE FOR ALL AMERI- They like it, but they don’t want you ings that we can get right there. But CANS to have it. They don’t want you to have we are trying to get savings using a The SPEAKER pro tempore. Under a the plan that they have. So many free market model. Competition. Let’s previous order of the House, the gen- Members of Congress who are 65 say, see if there is someone that can do it tleman from New York (Mr. WEINER) is no, you can’t have it if you are 55 or 45 more efficiently than 30 percent over- recognized for 5 minutes. or 35. It is only for us. head. Mr. WEINER. Mr. Speaker, it is my Well, that is not exactly true. It is We know, for example, Medicare can pleasure again to come to the floor to for every single American who turns 65. do it with about 3.5 percent overhead. talk about the issue that is capturing It is a government-funded, single- That is the public option, and my col- all of the national attention and a lot payer, government-administered leagues don’t want them to have what of attention of this body, and that is health care plan that every year we do they have, which is government-funded our pursuit of affordable health care a survey about, and 96 percent of peo- health care. for all Americans. ple who are on Medicare say they like f There has been a lot of discussion it. about this so-called public option, this You can do the following test: Knock TRIBUTE TO PAUL BURKE choice people would have when they on the door or go to a neighbor or stop The SPEAKER pro tempore. Under a are searching for insurance when they someone at the diner who looks like previous order of the House, the gentle- don’t have it, the idea being that if you they are 55. Ask them, would you like woman from California (Ms. WATSON) is have a public alternative, an option it if tomorrow you got Medicare? recognized for 5 minutes. that doesn’t rely on profits, that Watch their face light up. They would Ms. WATSON. Mr. Speaker, Holly- doesn’t rely on high overhead, that love it. wood has lost another star with the consumers would have a chance to Now, we are not proposing that. The passing of Paul Burke at the age of 83. choose it if they don’t have insurance President is not proposing that. I know Paul Burke was best known for the role through their own employers. I would like to have a program like he played of Colonel Joe Gallagher in Now, it is interesting, because just Medicare for all Americans. All that is the TV series ‘‘Twelve O’Clock High.’’ this week we got an enormous boost, being proposed in the public option is He was also known for winning two those of us who care about having a that people who don’t have insurance Emmy nominations for his role as De- public option in the final bill, and it through their work, people that don’t tective Adam Flint on the critically came from, of all places, the health in- have insurance through Medicare or acclaimed New York cop drama ‘‘The surance lobby. In a rare moment of Medicaid, that relatively small group Naked City.’’ candor, in a rare moment of telling us of people, the 10 percent or so of the Paul was born on July 21st, 1926, in exactly what it is that they are going country, that when they go out and New Orleans, son of prizefighter Martin to do, they have told us something that shop for insurance with the subsidies Burke, who became a promoter and should come as no surprise to anyone we are going to give them, one of the nightclub owner. While growing up, that has health insurance. They said options is not the insurance companies Burke’s family owned the popular they are going to keep raising rates. that said in this report they are going French Quarter nightclub and res- They said we can pass whatever we to raise rates 111 percent. That is it. taurant Marty Burke’s. want here in Washington, they are That is what the big bogeyman is all After moving to Hollywood as a going to keep raising rates. As a mat- about. young man in the late 1940s, Burke ter of fact, by their calculation, by 111 Let me show you this chart here to studied acting at the Pasadena Play- percent. give you a sense for how unfrightening house for 2 years. Movie director Lloyd Well, on one hand, I am stunned that that concept would be. This is the $2.6 Bacon, a friend of Burke’s father, got they told the truth. On the other hand, trillion of money we spend every year him his first role, an unaccredited bit I am not very surprised. Our rates have on health care. $2.6 trillion. I ask my part in the 1951 Betty Grable musical been going up twice if not three times colleagues, do you think we can do a ‘‘Call Me Mister.’’ the rate of our salaries every year. little better for $2.6 trillion. We are In addition to his wife of 30 years, They have been going up about $1,000 getting such a great bargain? Burke is survived by his three children for people who have health insurance. Well, let’s take a look at this. These from his first marriage, Paula Burke- So the idea that they are thumping boxes here, Medicare, Medicaid, DOD, Lopez, Paul Brian Burke, and Dina their chest and saying they are going Veterans Affairs and Department of Burke-Shawkat; six grandchildren; and to keep doing it is not a surprise. But Health Services, are all single-payer, two great-grandchildren. the fact that they were so honest about government-funded, government-ad- The Hollywood community, his fam- making it very clear that we need com- ministered health care plans. And ily, friends and colleagues will miss

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00052 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25014 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 him and his contributions to the enter- granted. Great tragedies, like Sergeant term volunteers. Professionals, includ- tainment industry. Hutchens’ death, serve to remind us of ing surgeons, dentists, nurses, health f the heroic work done each day by offi- care trainers, teachers, cooks, seamen, cers like him. engineers, and agriculturists donate CONGRATULATING THE NEW YORK Sergeant Hutchens was more than YANKEES ON THEIR VICTORY their time and skill to that effort. I’ve just a faithful public servant. He was OVER THE MINNESOTA TWINS seen the results of the enormous chari- well-known as a man of impeccable table work this institution does, and it (Mr. ELLISON asked and was given character who was committed to main- is gloriously moving. permission to address the House for 1 taining his integrity at all costs. He As for the devoted Ms. Gloag, she has minute.) was just the type of person you would supported various charitable organiza- Mr. ELLISON. Mr. Speaker, as the want wearing the uniform of a police proud Representative who represents officer. tions, providing much needed medical the district of the Minnesota Twins, I He lived a life dedicated not to just care, housing, and education in Africa made an arrangement with my good keeping his community safe, but also for over 30 years. In addition to estab- friend JOE SERRANO about the outcome to his family and his church. He was a lishing the Balcraig Foundation, the of the Minnesota Twins-Yankees series, loving and dedicated father of two Gloag Foundation, and the Freedom and on October 11th, the New York daughters, Jill and Leah, and a faith- from Fistula Foundation, Ms. Gloag Yankees defeated my beloved Min- ful, loving husband to his wife Beth. He has worked with Mercy Ships, includ- nesota Twins in the American League was often found serving in his role as a ing the funding of the Africa Mercy Division Series. deacon at Forbush Baptist Church. Ship, the world’s largest nongovern- Before I begin, I made the agreement Sergeant Hutchens left a noble leg- mental hospital ship providing free with Representative SERRANO with full acy in his community. He lived to medical and humanitarian aid to the expectation that the Twins would pre- serve and protect others. His life is a people of Africa. vail. But that didn’t happen. So keep- true inspiration, and I pray that his Through partnerships in Liberia, Si- ing my word, I just want to come to, death reminds us of the bravery and erra Leone, and Kenya, the Freedom quote-unquote, sing the praises of the sacrifice of those keeping our streets from Fistula Foundation alone is pro- Yankees. And, let me tell you, it is not safe each day. viding free surgeries to more than 1,500 going to be easy. Today, his family, friends and col- women this year. In her home of Scot- Ten times the Yankees and the Twins leagues are in my thoughts and prayers land, Ms. Gloag has already been hon- met this year, and ten times the Yan- as they mourn the loss of a husband, ored for her work with Mercy Ships kees were victorious. They were un- father, brother, friend, fellow officer and has worked with the Scottish Gov- doubtedly the better ball club this and a North Carolina hero. May they ernment to promote its international year, and I am sure that in the coming know God’s comfort during this dif- development work in Malawi, where weeks, Joe Girardi will fulfill the ficult time. Ms. Gloag has also helped to establish promise he made when he picked his f a hospital. uniform number to bring the 27th championship to the Bronx. b 1730 Named for the American civil rights Good luck to the Yankees. Congratu- activist who helped form the National HONORING THE HUMANITARIAN lations. Your victory is further testi- Council of Women of the United States, SERVICE OF ANN GLOAG mony to why you are the most storied the Susan B. Anthony Humanitarian baseball franchise in Major League The SPEAKER pro tempore. Under a Award will be conferred annually on in- Baseball. previous order of the House, the gen- dividuals dedicated to making a dif- f tleman from Texas (Mr. GOHMERT) is ference in people’s lives, communities, recognized for 5 minutes. or state of the world. HONORING THE LIFE AND SERVICE Mr. GOHMERT. Mr. Speaker, a lead- OF SERGEANT MICKEY HUTCHENS Don Stephens, founder and president ing Scottish businesswoman and board of Mercy Ships, comments, ‘‘Mercy The SPEAKER pro tempore. Under a member of the global charity Mercy Ships champions the selection of Scot- previous order of the House, the gentle- Ships, Ann Gloag is being honored by land’s Ann Gloag as the inaugural re- woman from North Carolina (Ms. FOXX) the National Council of Women of the cipient of the Susan B. Anthony Hu- is recognized for 5 minutes. United States this evening at the manitarian Award by the National Ms. FOXX. Mr. Speaker, it is with United Nations as the inaugural recipi- Council of Women of the United States. great sadness that I rise to remember ent of the Susan B. Anthony Humani- Ann exemplifies a modern example of the life and service of Sergeant Mickey tarian Award in recognition of her hu- Andrew Carnegie, J.P. Morgan, and Hutchens, a Winston-Salem police offi- manitarian service in Africa. John D. Rockefeller, who almost de- cer who passed away on Monday sur- The reason someone from east Texas lighted to use their wealth to assist the rounded by friends and family at Wake would take note of this philanthropic world’s poorest. On board our new hos- Forest Baptist Medical Center. humanitarian from Scotland is because pital ship Africa Mercy, I have person- Sergeant Hutchens is a North Caro- she has done so much for Mercy Ships. ally observed Ann demonstrating her lina hero. He gave his life protecting It may surprise some that such an compassion for others at the bedsides the public from a dangerous criminal. oceangoing charitable enterprise would of women and children who received a Sergeant Hutchens was shot last week have an international headquarters in free surgery on the ship that she helped while pursuing an armed criminal in my east Texas district, but it does, due fund. In parts of Africa, health care in- Winston-Salem. With his passing, the to its founders. frastructure and delivery is non- Winston-Salem community grieves the Mercy Ships uses hospital ships to existent. Ann enabled Mercy Ships to loss of one of its finest. deliver free, world class health services He faithfully served on the police to those without access in the devel- bring hope and healing where it is oth- force for 27 years, putting his life on oping world. Founded in 1978 by Don erwise often not available. Ann has the line each day that he showed up for and Deyon Stephens, Mercy Ships has found a powerful way to share her work. We owe him and his family a worked in more than 70 countries, pro- blessings.’’ deep debt of gratitude for the ultimate viding life-saving and life-enhancing We must congratulate Ms. Gloag for sacrifice that Sergeant Hutchens made services to more than 2.16 million di- caring so deeply and acting so gener- for the public safety. rect beneficiaries. ously, responsibly, and personally to Police officers and public safety More than 1,200 crew work worldwide, make such a difference in the world. workers like him are the key to safe representing more than 40 nations. May God bless Ann Gloag as she has so communities that are often taken for They’re joined each year by 2,000 short- richly blessed others around the world.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00053 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25015 TRIBUTE TO SERGEANT JOSHUA first and foremost a family man, will- tifying more than 100,000 potentially M. HARDT ing to do anything for his family and removable aliens, mostly at local jails. The SPEAKER pro tempore. Under a for his friends and for his country. The numbers tell the story. 287(g) is an previous order of the House, the gen- He joined the Army just 3 years ago. effective program, and that is why I’m tleman from California (Mr. MCCLIN- He’d already risen to the rank of ser- a champion for it. TOCK) is recognized for 5 minutes. geant and carried a chest of ribbons, This week, I signed a letter to Presi- Mr. MCCLINTOCK. Mr. Speaker, I including the Bronze Star. Perhaps the dent Obama showing my support for rise today to pay tribute to U.S. Army most eloquent testimonies to his serv- the 287(g) program and asking that the Sergeant Joshua M. Hardt of Apple- ice are the remembrances from young- funding be continued. I believe that gate, California. He’s one of the fallen er soldiers that he’d taken under his Federal, State, and local cooperation is heroes of the Battle of Kamdesh, that wing to help. In fact, that was his next key to combating illegal immigration, remote outpost that was besieged and assignment, to come back to the States and continuing the 287(g) program is a surrounded and hopelessly out- and help his returning comrades. commonsense solution. numbered by more than 300 Taliban in- His football coach, Mark Sabins, re- f membered seeing him back home last surgents on October 3. THE PROGRESSIVE CAUCUS No soldiers in the history of our Na- year after the first tour of duty in Iraq tion have fought more valiantly or and tells how excited he was to be The SPEAKER pro tempore. Under bravely than the defenders of Combat marrying a remarkable young lady, the Speaker’s announced policy of Jan- Outpost Keating on that day. In the Olivia, and how energized he was about uary 6, 2009, the gentleman from Min- end, they held their ground, they de- his work in the Army and his plans for nesota (Mr. ELLISON) is recognized for fended their flag and the honor of their a family and how he looked forward to 60 minutes as the designee of the ma- country. But most importantly, they a full and promising life ahead. jority leader. defended something that is funda- Instead, Joshua Hardt will return Mr. ELLISON. Mr. Speaker, my name mental and sacred and eternal, that de- home tomorrow for the last time. His is KEITH ELLISON, and I’m a Congress- fines humanity itself. They defended family and friends will come to mourn man from the great State of Min- something that can never be abandoned him and to honor him and to remember nesota, and I’m honored to claim this as long as humanity exists. They de- him. His community will hold him up Special Order, this 1 hour, for the Pro- fended right against wrong, good as an example of all that is heroic and gressive Caucus to talk about the val- against evil, freedom against tyranny virtuous. His Nation will record his ues of Progressive ideals, the values as- in its most stark and defining form. name onto its most hallowed rolls that sociated with a progressive America in During the terrible winter of 1776, he never be forgotten. which people are included and which Thomas Paine, having watched many Centuries from now, flags will be we believe in generosity, where we be- brave young men like Josh Hardt fall placed on his grave every year as fu- lieve in valuing people, where we be- in defense of these same eternal truths, ture generations gather to consider the lieve in civil rights, care for the Earth offered these words to try to make cost of their freedom. And perhaps in and creation, where we care about liv- some sense of it. He said, ‘‘Heaven Kamdesh, Afghanistan, they will gath- ing in a world in which middle class knows how to put a proper price upon er around a monument where Outpost people, working people, the hard- its goods; and it would be strange in- Keating once stood and give thanks for working people of America and the deed if so celestial an article as free- the men who paid everything to pur- world can have a prosperous life and dom should not be highly rated.’’ chase for them so celestial an article as where people can do well. Joshua Hardt knew that, and his freedom. The Progressive Caucus, designed and family knew that. Through her tears, f approved and coming together to signal his mother told a local newspaper, ‘‘He to the American people that in Con- SUPPORTING 287(g) was a very giving son. He went into the gress there is a body of Members of the Army wanting to make a difference The SPEAKER pro tempore. Under a Congress who are willing to stand up . . . wanting us to be safe . . . He ex- previous order of the House, the gen- for the values that have made America pressed his desire to do more, to take tleman from Arkansas (Mr. BOOZMAN) great, values such as workers’ rights, more action, and to make a difference. is recognized for 5 minutes. such as the weekend, such as the 5-day He didn’t know a better way than to go Mr. BOOZMAN. Mr. Speaker, I rise week, such as work and safety laws, into the military and to fight for ev- today to express my support and the such as worker’s compensation, such as erybody.’’ support of Arkansas’ Third District Social Security. And that’s exactly what he did. He residents for the 287(g) program. b 1745 fought for his Nation, he fought for his Two years ago, Benton and Wash- Nation’s values, and he fought for the ington County Sheriff’s Departments These are all progressive steps for- freedom of a people half a world a way. and the cities of Rogers and Springdale ward, such as civil rights, women’s And he paid for heaven’s most expen- sent 19 northwest Arkansas officers rights, gay rights, such as the respect sive celestial article with his life, not and deputies for training in the identi- for all religious groups and religious for himself but for others. fication and possible detainment of il- tolerance in our country. I attended a Gold Star dinner re- legal immigrant offenders they encoun- Recently, Mr. Speaker, our focus has cently, and I admitted to one the hosts ter during their regular daily law en- been on health care because health that I still don’t know what to say to forcement activities. I thank Rogers’ care is such an essential component of the families. She said, well, just ask Mayor Steve Womack in being a driv- what it means to be a middle class them about their sons. ing force behind this task force. His American trying to put food on the So let me tell you a little bit about leadership has been instrumental in table for your family. Health care, if Josh Hardt. He was 24 years old. He’s cracking down on illegal immigrants in we can correct health care, the dispari- remembered at Placer High School as northwest Arkansas. ties in health care, the cost increases an extraordinary athlete. He did his Thanks to these law enforcement in health care, if we can correct health school so proud on the football field personnel, more than 1,500 illegal care 60 years in the making, we can im- that they retired his helmet when he aliens have been arrested and have or prove the quality of life for all Ameri- graduated. He was one of those big, are in the process of being deported in cans and thereby enact a piece of legis- hulking kids who stand up for northwest Arkansas. 287(g) has a prov- lation that is on the order of the 1964 whoever’s being picked on. en track record of success nationwide. Civil Rights Act, the 1965 Voting I spoke with his wife and with his According to Immigration and Customs Rights Act, the passage of the Medi- mother today and they both told me Enforcement Agency, since January of care bill, which helped millions of sen- exactly the same thing: that he was 2007, the program is credited with iden- iors all around our country live a life

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00054 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25016 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 of quality, and ended seniors who lived I’d like to bring to your attention thing like 38 million, who need the gov- a life of poverty and of insecurity. the death of Marybell Bakewell, who ernment to help them survive when This bill, which is right within our was born on April 10, 1925 and died Oc- they have a condition or when they are grasp at this time, we are so happy to tober 7, 2009 in Los Angeles. Her son is declared terminal. be able to step forward. And I just want Danny Bakewell, who is now Chair of So I am hoping that in this Congress to let you know, Mr. Speaker, that it’s the Black Publishers Association. Mr. we will do the right thing and we will an honor to be joined by such a coura- Bakewell, who lives in the southern see that before the year ends, we have geous Congressperson as Congress- California area, could pay for health Medicare reform as a program for all woman DIANE WATSON from the great care, but he could not save his own Americans. State of California, who for years and mother, Mrs. Bakewell; and she suf- I want to thank you, Mr. ELLISON, for years has been sticking up for progres- fered a massive stroke from which she your insight, your intelligence, your sive values, never backing down, al- never recovered. knowledge. And I want you on this ways there for the American middle Marbee, as she was affectionately floor every evening. You are bringing class and working class people. known by her entire family, was al- to the American people the important So we are going to talk a little ways the life of the family. She facts about what our reform will do. health care tonight. I am going to yield preached ‘‘family first,’’ and anyone So thank you very much, Madam to the gentlelady to make a few intro- who knew her immediately fell in love Speaker. Thank you very much for the ductory remarks, and then maybe she with her glowing personality. She was time. Continue to educate Americans. and I can have a little colloquy as we full of life, love and laughter, and was Mr. ELLISON. While the gentlelady move on in the evening. also an activist. yields back, let me thank her as well. I yield to the gentlelady from Cali- Marybell Bakewell was a native of The fact is that by bringing this impor- fornia, DIANE WATSON. New Orleans and lived there 79 years of tant story about the Bakewell family— Ms. WATSON. I thank you very her 84 years of life. She finally left her well known throughout the country, much, Congressman ELLISON, for yield- beloved city after it was completely particularly in Los Angeles, but really ing to me. You are doing a marvelous devastated by Hurricane Katrina. all over—it shows that health care re- job. I watch you every evening as you While living in New Orleans, she was a form is something that everybody take the mic on the floor of the House life member of St. Peter Claver Catho- needs. It is not something that some to explain to the general public what a lic Church as well as a member of the people have to worry about and some benefit health care reform is to all Sisters of the Holy Family. people don’t; it’s something that all Americans. Mrs. Bakewell belonged to one of four Americans have to focus on because And I want to say that we speak to generations of women and family who none of us are immune. all Americans and we say to them, we attended St. Mary’s Catholic School. If you don’t have health care, then are presenting to you a reform of Her grandmother, Mary Winier; her you are among those 59 million Ameri- health care as you have known it in mother, Camille Brazile; Marybell cans who are just going to bed every the past. Because in my own State of Bakewell and her daughter, Pamela night hoping and praying that you California, if you have insurance, your Bakewell, all were graduates of this es- don’t get sick; and if you do, you know fees are going to go up somewhere teemed institution of higher learning you’re going to be in for a very dif- around $1,800 for a family of four annu- dating back to the turn of the century. ficult time. ally. People are going without coverage Mrs. Bakewell was a diehard New Or- And you may be among those 250 mil- because they cannot afford it. leans Saints fan. She loved to play lion Americans who have either em- We had an assembly outside of cards and board games, especially with ployer-based health care or have health Blessed Sacrament in Hollywood sev- her main road warrior, Brenda Marsh- care through either Medicare or Med- eral weeks ago, and there was a man Mitchell. icaid or VA or something like that, a who came up with a heavy Spanish ac- Marybell Bakewell is survived by her government-run program. In that case, cent. And he said, I am an American, I two children, Danny J. Bakewell, Sr. you know that your employer-based work four jobs. My 2-year-old daughter and Pamela Bakewell, both prominent health care has seen premiums double got sick. I could not even afford health in Los Angeles civic affairs; her daugh- in the last 10 years and are likely to insurance and she eventually died. ter-in-law, Aline Bakewell; eight double in the next 10 years. So no mat- I do hope that our House bill, H.R. grandchildren—Danny J. Bakewell, Jr., ter whether you’re among the unin- 3200, will be recognized as a way to help Brandi Bakewell, Sabrina Bakewell, sured who need change or the insured reform health care because what we deceased, Donny Brooks, Jamie who need change, we all need change. want to do is bring to you in your own Brooks, Brandon Brooks, Fatima And so it’s critically important that community accessible health care. We Elswify, Amira Elswify; six great we bang the gong and keep it up and want it to be affordable; we want it to grandchildren—Taelor Bakewell, don’t back down on this important cover preexisting conditions; and we Danny J. Bakewell, III, Devyn Bake- issue. want to say to you, if you get sick and well, Bryce Bakewell, Donny Brooks, If I may—and I invite the gentlelady you can’t work—and that’s happening Jr., Adrian ‘‘AJ’’ Brooks; sister-in-law, to ask me to yield at any time, but I very frequently with H1N1, people are Delores Brazile; her nephew, Eric just want to make a quick point before getting sick, they have no sick leave, Brazile; as well as a host of cousins, we do. and it could really bankrupt most fam- family and friends. We have been joined by the gentle- ilies. And so we say to you, even if you This courageous matriarch will be lady from Maryland, DONNA EDWARDS, don’t have a job, you will be covered. missed by the Los Angeles community, who is a clear voice on this issue, who We are now just dickering around the her family and friends, and especially has been creative, who has been con- edges of a reform. We are going to get by me, Mr. Speaker. I had a grand- sistent. And we just want to let the one now because it’s the right thing to mother who was born in New Orleans, gentlelady from Maryland make some do, Mr. ELLISON. And I am so glad that grew up in a convent for 13 years, obvi- remarks as we begin this hour so that you are bringing information to the ously left, but her sister became Sister we can sort of get into our colloquy. people every evening. Philomena. And so I have a great affec- Ms. WATSON. Would you yield just a I want to say that I know in my own tion for the city and for her. few seconds? district there are a lot of people who My point in bringing her obituary Mr. ELLISON. Certainly. cannot afford health care, but this one here is that, yes, this family could af- Ms. WATSON. About 3 weeks ago, I family could. And if we don’t reform ford health care; but I’m telling you was up in the Hollywood Hills at a re- health care, a lot of people will have to there are thousands of others, not only ception, and there was a young man endure weeks of illness and eventually in my district in the State of Cali- who was taking pictures of all of us. death. fornia but across this country, some- When I finished making a presentation

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00055 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25017 about our health care reform, he came care reform, and that was just for 2008. pharmaceutical industry and others in up to me and he said, thank you. He Then we turn just to the first—— the health insurance industry, to try to said, I am on a medication—now get Mr. ELLISON. Would the gentlelady defeat reform. this—that costs $74,000 a month. I said yield? Do you know what really surprises repeat that figure. He said $74,000 a What was that number again? me in all of this? For all of their adver- month. He told me that he had a very Ms. EDWARDS of Maryland. $7.54 tising and their lobbying, they have unique condition, that when he was million lobbying against health care beaten and beaten and beaten the pub- born, his muscular system, his skeletal reform in 2008. That’s before we even lic health insurance option. Guess system as well as his vital organs had a bill. what? A majority of the American pub- started to deteriorate. Each one of the Now we’ve gotten our bill here in 2009 lic actually knows that competition is medications he takes monthly costs with our new President, who really is good for the system. They know that over $6,000. He does a copayment of serious about reforming the health it’s important to have a public plan to about $696 a month. He said, I could not care system. We find that in the first provide accountability, and they know afford that without the insurance that two quarters of 2009—that’s this year— that we need transparency and that we I have, and I pay a high price for that America’s Health Insurance Plans, ac- have to lower costs. So the public is ac- insurance. I told you what the copay- cording to their lobbying reports, tually not fooled. ment was. which are available to the public at You would think, if there were some So here is a person who makes a good [email protected], and good marketing people over with the income and pays a great amount of his anybody can go and look this up, health insurance plans that they actu- income on a monthly basis just to stay America’s Health Insurance Plans ac- ally wouldn’t be spending so much alive. Why can’t we have a program tually spent for the first quarter of 2009 money, because they haven’t managed that will keep others alive regardless $2,030,000. That’s in the first quarter. to convince a majority of the American of their income? That’s from January to March. public that a public health insurance And thank you, Congresswoman, for Then in the second quarter, from option is against their interests. So I’m coming forth with your factual state- April 1 to June 30, they actually spent actually grateful for the American pub- ments. I listen to you also very in- another $1.87 million. That’s the total lic for being so smart, for seeing tently. And as an attorney, you bring for just the first 2 quarters of this year. through the health insurance industry, the truth and you speak it to power. This is while people were having and now for the industry itself, for ac- And I thank you very much. their health insurance revoked and tually exposing what they’re trying to I yield back. while 14,000 people a day were losing do to America. Ms. EDWARDS of Maryland. Well, I their health insurance. While all across I know people are calling your office, thank the gentlelady from California. this country people are losing jobs, the Congressman from Minnesota, and And to the gentleman from Minnesota, America’s Health Insurance Plans de- I know they’re calling my office, and thank you so much for your leadership. cide that it would be a great idea to they’re saying, You know what? I just It is really important. spend almost $4 million in the first two got a letter in the mail saying my We are almost there. I describe this— quarters of this year lobbying against health insurance premium is going up if we were playing a football game, you health care reform. That just proves 10 percent. My health insurance pre- know, we would call it ‘‘crunch time.’’ that the industry is so much more in- mium is going up 12 percent. They We’re in crunch time right now when it terested in its profits and in protecting haven’t even used their health insur- comes to health care reform for the its profits than it is in health care or ance this year, and their insurance pre- American people. in reform. miums are going up. I don’t know what struck others this Now, I decided that I would keep So we see what the industry is doing. week, but what struck me was the re- looking at those lobbying disclosure re- We know that we are inching our way lease of a so-called ‘‘independent re- ports and I would advise people all to reform and that we are going to get port’’ from the American Health Insur- across this country to go to there and that we will have a bill for ance Plans lobby. It struck me because [email protected]. They the President of the United States to in that report was so much misin- need to look it up for themselves be- sign into law and that we are closer formation. And it was done by cause we’re not making this up. It’s than we’ve ever been before. So the in- PricewaterhouseCoopers. Now, they right there, filed by their own general surance industry, true to form, is liv- thought that they were just evaluating counsel. I looked. I said, Well, how ing out their promise in that bogus re- a little bit of the plan and giving some many lobbyists does it take in one port that they released. They’re living data. They didn’t realize that it would quarter to spend $1.8 million? How out their promise by already starting be completely misconstrued by the many lobbyists does it take to spend $2 to jack up insurance rates just to beat health insurance plans in order to million? How many lobbyists does it the clock—to beat the bell—to reform, prove a point that’s not really a point. take to spend $7 million just in 2008? but they’re not going to get away with And so I wanted to call attention to I’m going to just tell you: They spent it. that. that money. Gary Bacher, he was lob- So I would say to those—what did I I think another thing that struck me bying for them; Carmella Bocchino; count, 9 or 10 lobbyists? this week, as we unmask the health in- Elizabeth Brooks; Jill Dowell; Paul Mr. ELLISON. Nine. surance industry, as we see them for Eiding; Baron Foster; Lindy Hinman; Ms. EDWARDS of Maryland. Those who they are, they’re interested in Karen Ignatti, the woman whom we’ve nine lobbyists already this year have profits, that’s their motive. It’s not seen all across the television screens of spent about $4 million lobbying against health care; it’s not reform. It’s profit. the country, talking about how health reform and $7 million in 2008 lobbying And I decided that I would take a little insurance was going to send premiums against reform. I’ll tell you what. If peruse around the Internet and I and deductibles and copayments sky- you add that up, by the time they fin- looked up the lobbying disclosure re- rocketing; and Alethea Jackson. That’s ish this year, I’m guessing that they ports for America’s Health Insurance one, two, three, four, five, six, seven, probably will spend something in the Plans, the same group that released eight, nine lobbyists spending millions neighborhood—over the course of the that bogus report. of dollars across Capitol Hill—at the last 2 years—about $15 million lobbying House and the Senate—and over at the against health care reform. b 1800 White House. They’re lobbying against I would dare say that the American Here is what I found: For all of 2008, health care reform. public could take that $15 million and this group that has so-called been very So those are the numbers right there, divide up what it would cost to provide interested in health care reform spent apart from what all of the other indus- a reasonable premium, say, under $7.54 million lobbying against health tries have spent, which includes the Medicare or a public health insurance

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00056 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25018 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 option, and we would be insuring just decade. Who would be increasing these excluded for preexisting conditions and dozens and dozens and dozens of fami- premiums by 111 percent? The fact is tolerate discrimination, which will af- lies across America for what this in- the very people who are saying the fect young women the most. dustry has spent to fight reform. So prices will increase for buying health So Americans have been peeling back we’re not going to be fooled, and we’re care insurance are the ones who are in the onion of falsehood time and time not going to be deterred, and we know, charge and who are in control of rais- again. As the gentlelady from Mary- as the public knows, that a robust pub- ing these prices. land pointed out, the public option still lic health insurance option will be the Reid Cherlin, the White House is standing stronger than ever. It’s al- best option to provide competition, to spokesman, said ‘‘this is a distorted most as if, the more they attack it, the provide accountability and to make and flawed report from the insurance stronger it gets. sure that we lower costs for all Ameri- industry and cannot be taken seri- I just wanted to point out: Who cans. ously. This so-called analysis appears wants the public option? Well, doctors So the insurance industry, just be- on the eve of a vote that may eat into want a public option. Nurses want a fore Halloween, has been completely some of the insurance industry’s prof- public option. The majority of Con- unmasked. They’ve revealed them- its. It conveniently ignores policies gress wants a public option. Faith com- selves, and we want to say to them, that will lower costs for those who munities want a public option. Presi- You know what? We’re on to you. We have insurance, expand coverage and dent Obama prefers a public option, know what you’re about, and we’re not provide affordable insurance options to and the American people do. going to believe any more of your millions of Americans.’’ If you look at what doctors want, bogus reports, and we’re going to trust I’m not done quite yet. most doctors support the public option. the fact that you wouldn’t spend this Nancy-Ann DeParle, director of Sixty-three percent of doctors say both money lobbying against something if White House Health Reform, says that the public and private options are what you didn’t want to defeat it. So we’re she was surprised by the report because they would prefer. Sixty-three percent going to bring that health care reform she had just met Mrs. Ignatti, the one reported that they would like both package to the House of Representa- who has been doing a lot of the selling public and private options. That’s what tives through the Senate, on to the of this on TV, and she vowed to work the House bill is calling for. You have President and then deliver it to the together. So that may be regarded as another 10 percent who said just a pub- American people. somewhat misleading. It’s important lic option. That’s all we want. So, if With that, I would yield. to remember that virtually every wild, you add the 63 and the 10, you end up Mr. ELLISON. Well, the gentlelady is erroneous claim made regarding health with a full three-quarters of doctors in rare form tonight. I really appre- care reform has been debunked as false. who say they would like the public op- ciate everything you laid out. Excel- Let’s go on back to the summer. I tion. lent. ask the gentlelady to take a walk back So I guess my question to the gentle- I just want to add to your observa- to August. You’ll recall, Madam Speak- lady from Maryland is: Why does the tion about the AHIP report, which is er, that we were talking about death public option keep coming up strong an acronym for America’s Health In- panels. This was all the rage—death despite these relentless attacks—the $4 surance Plans. Here is what the people panels. We were talking ‘‘death pan- million this year and the $7 million who really study the stuff had to say els.’’ Yet, when you look at the bill, last year? What explains this? about this particular industry report. it’s simply Medicare saying we will I yield to the gentlelady from Mary- AARP had this to say: The report is compensate doctors to talk about end- land. ‘‘fundamentally dishonest’’ and ‘‘not of-life decisions, which is a good thing Ms. EDWARDS of Maryland. I thank worth the paper it’s written on.’’ Those and a wise decision. It’s about dignity. the gentleman for yielding. are the words of John Rother of AARP, Everyone wants that for their loved It’s a pretty simple explanation. The executive vice president of policy and ones when they’re in their final days of American people are smart. They know strategy. their lives. it takes competition to bring down You mentioned Also, we then heard about illegals. cost. They haven’t been able to trust PricewaterhouseCoopers, which par- It’s going to be all about illegals. We their health insurers. Even though ticipated in preparing the report. debunked that myth. they may like their health insurers and They’re running from the report. Then we heard about a government may want to keep their insurance, they They’re like, Hey, we didn’t know. I takeover until somebody said, Wait a know that they actually can’t trust don’t blame them, because it is decep- minute. Doesn’t government already them to keep down premium costs and tive. administer Medicare? They’re doing deductibles and co-pays. So, like most Also, PricewaterhouseCoopers said pretty good. Ninety-six percent of re- issues, the American public is way Monday, AHIP, the report that we’ve spondents say they like Medicare, so ahead of even Congress, and they are been referring to, that industry report, maybe government knows a little bit definitely ahead of the health insur- had instructed it to focus on only some about administering health care. ance industry. features of the bill while not taking Doesn’t government already play a sig- I go back to these lobbying reports into account other major features, nificant—not just administering the because one of the things that I no- such as the effect of subsidies for those VA, they actually hire the doctors and ticed, if the gentleman would indulge buying insurance. So they didn’t even provide the care. That is truly a single- me for just a minute, is that the health tell their preparer the right informa- payer system. That’s government-run insurance industry knows that they’ve tion to consider. health care if there ever was, and you’d had to cover all facets in order to de- Why would they not fully disclose better not try to take health care away bunk the need for reform, and so they and be transparent about that? The re- from our veterans, because they won’t didn’t just stop at lobbying the United port threatened that if the bill became tolerate that. So then they had to States House of Representatives. They law it would result in an increase in move away from that. lobbied the United States Senate. They premiums for an average family of four Then we heard that it is only about lobbied the executive office of the by about $4,000 a year. Now, this begs the uninsured. Wait a minute. We find President. They lobbied the Centers for the question: Who would be increasing out premiums have been doubling over Medicare and Medicaid, Health and these premiums? The very people who the last 10 years and are expected to Human Services, the Department of issued the report saying the premiums double again. So now the insured, the Labor, the Department of the Treas- are going up. people who have employer-based health ury, the Federal Trade Commission, Furthermore, the report says that care, say, wait a minute. We need re- the Office of Personnel Management, the cost of private health insurance form, too. We have to have reform, and the Agency for Healthcare Research would rise by 111 percent over the next we cannot tolerate being rejected and and Quality, and even the Internal

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00057 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25019 Revenue Service. They are leaving no want at least a public plan and private down. I think it’s important to make stone unturned in order to defeat options; with 62 to 65 percent of the this point. Because the Progressive health care reform. public saying we want the choice of a Caucus really is a caucus that’s unified So the American people are very public plan and private options; with not by culture, not by color, not by smart, and they have said three things: people all across this country, our faith, not by gender, but by values. And We want quality care. We want com- small businesses, saying, You know these values are really being reflected petition. We want to lower costs. They what? We need that in order to be able in the advocacy around the public op- know that, in order to achieve those to provide affordable care for our em- tion, around true health care reform. things, there must be a public option ployees because it’s the right thing to I just want to make that point clear component as part of the array of do and it’s what we want to do, so we to the folks who are tuned in tonight, choices. It’s like a marketplace, the want to take the burden off of our busi- Madam Speaker, because I think that array of choices that are available to nesses. We want to ensure that we have it’s important that folks know that them. greater competition, competitiveness there are people in Congress that are b 1815 in the global economy. And the way to fighting for them. This is not the time do that is to make sure that we reform for cynicism. This is not the time to So they want to be able to stack up our health care plan. say, well, you know, the industry is each one of these plans, private plan X, Now, I know that the health insur- going to get their way again. No, Y, and Z, and the public option and see ance industry is going to go kicking they’re not, because there are people which one works for their family and and screaming to reform. And you here in the Congress who are hearing then make that choice. And I think know what I say to that, Madam the call of the public interest. that the American public should actu- Speaker? I say let them. Let them I’ll yield to the gentlelady on that ally have that choice. I actually be- kick, let them scream, and we’re going note. lieve in real choice even in health care. to go to health care reform anyway. Ms. EDWARDS of Maryland. Thank And the problem with the system that Mr. ELLISON. I thank the gentlelady you for yielding. we have now is that in most States, for yielding, but the gentlelady should And as the gentleman from Min- there is no competition; one or two in- know that when you’re hot, we’ve got nesota points out, this isn’t about what surers have a monopoly or duopoly on to give you the ball, and you were. So any individual Member wants or not. all of the health care coverage in that thank you. It’s about what the American people State. Just a few points. want, and it’s about what the right And what does that mean? What does I would like to point out that people thing is for so many of our commu- that mean for our small businesses? It have contacted us in the Progressive nities: people who have health insur- means, if you’re a small business, you Caucus and different Members individ- ance now but who are afraid of losing it can’t compete at all. You have no le- ually and let their views be known or afraid of the costs to their families, verage whatsoever. You have no bar- about how people feel. And I just want and, of course, the millions of people gaining power, and you are at the to point out that historically—and I out across America who don’t have mercy of the health insurance indus- think that there was a perception that health insurance. try. And it means that they can charge the Progressive Caucus may have stood And this isn’t also about fighting the you whatever they want for you to be up for good values, may have fought good fight—there are a lot of good able to provide health care for your the good fight, may have talked about fights out there—but we have been able employees. inclusion of everybody, a society based to unify our Progressive Caucus stand- And the poor small businesses, on generosity, the beloved community, ing up for health care reform that’s they’re sitting out there saying, I want middle class prosperity, all of the good going to work for all of us, ensuring to provide health insurance for my em- things, but when it came down to real- that we get rid of the practice of ex- ployees, but I can’t afford it any more. ly sticking to the guns and saying, You cluding people for preexisting condi- It’s too expensive for me. I can’t take know what? We’re going to stand up for tions; that we get rid of the practice of it when my insurance costs are going what we believe in, there was some insurance companies, once you’ve up 10 percent one year, 15 percent the doubt that that was the case. taken advantage of your insurance, next year, sometimes as much as 20 And I just want to say that the Pro- then cutting you off; that we invest in percent in one year just to cover their gressive Caucus has dug in for the preventative care, because we know employees. American people. I am proud of what that early investment in preventative So if people really believe in the free the Progressive Caucus has done. I am care really saves dollars in the long market—and I do—if you really believe proud of the leadership that we’ve seen run, whether or not we can attach a in the free market, then let it be free from the Progressive Chairs, Ms. WOOL- number to that. and let there be competition. And the SEY and Mr. GRIJALVA, because this We also are fighting for a public op- way to do that in health care and get perception that Progressives are going tion because it’s important that with quality, affordable, accessible health to cave has been dissipating because the health insurance reforms that we care for all Americans is to make sure Progressives have been holding firm. also have choice for patients, a choice the public has the ability to choose This is the Progressive message. This for our doctors. from an array of the private insurers is a Special Order of the Progressive And so we are on the right track and the public plan. It’s like going to a hour. here. And I have to say that because of marketplace, stacking up everything And I just want to say that the Pro- the leadership of the Progressive Cau- you want to choose, and making a se- gressive Caucus has made it clear, the cus also working with our leadership in lection. leadership has made it clear to the the United States Congress—and my By the way, if the gentleman would White House, made it clear on all hat’s off to our Speaker because our yield just a minute more, people are fronts, that if you want our votes, Speaker has been out there in the ready to make that choice, and now you’re going to have to do what’s right front, at the forefront actually fighting they’re counting on us in the United by the American people; and that is to with us for a strong, robust public States Congress to come down to the include the public option which doctors health insurance option, and I am glad hard decisionmaking and to make the want, which the public wants, which we’re where we are today. choices that we know are right for the everyone wants. It was not simply a We know that there is still work to American people. simple temper tantrum. It was not say- be done. We’re counting on the Amer- And so what I say is, with the kind of ing we want it because we want it. It ican people actually to stand up, you support that you demonstrate among was because the American people need- know, to call their Representatives, to doctors, as much as 73 percent of doc- ed a public option. So the Progressive call their Senators, to make sure to tors, two-thirds of doctors saying they Caucus stuck to it and didn’t back put out the plea across this country for

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00058 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25020 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 health insurance reform that the Presi- who talked about health care reform; option. The Kaiser Family Foundation dent of the United States can sign into although, he did some things to under- says 58 percent of the American people law that will actually make a dif- mine it. And it was, again, President support a public option. ference in people’s lives, not just be- Clinton who really worked hard to try Other findings of the Quinnipiac poll cause it feels good, but because it will to get health care reform. say that Americans trust President make a difference in people’s lives and This fight is decades in the making, Obama more than Congressional Re- the long-term health and competitive- and we are closer than we have ever publicans to handle health care reform, ness of this country. been. We have reported out five bills in 47–31 percent; 64 percent of those sur- So I am a proud Progressive. I’m not the Congress, so we’re almost there. veyed disapproved of the way congres- afraid to say that at all. What I do We’re not far away. And so it’s impor- sional Republicans are doing their job, know is that it’s important to stand up tant that the American people hang in including 42 percent of Republican vot- to the people and not on the side of the there, that they continue to be hopeful ers. And it’s important for Republican lobbyist and the naysayers who want and expect success and that it’s impor- voters to know that they have a choice to do anything to stand in the way of tant to understand that success breeds and that they should vote effective- reform. And we cannot let that happen. success. ness: the people who are getting it This is too great an opportunity for us And as we pass health care, we will done, not the people who had the White to fail at this point. be able to really implement more poli- House and the House of Representa- So I am actually counting on success. cies that help working Americans, help tives and the Senate from the year 2000 And if we were on a football field—and the working class, the middle class to 2006 and didn’t do anything other I love football, so I will talk about it. Americans, help the environment, help than veto the State Children’s Health So if we were on the football field, us be a Nation that is at peace with the Insurance Program, that’s what they we’re inside the 10. rest of the world, help us promote civil did; but people who, within a few Mr. ELLISON. The red zone. rights for all Americans and to leave months, are already within the grasp of Ms. EDWARDS of Maryland. We are no one out, to exclude no one, to stop true health care reform. in the red zone. We are approaching the policies of fear, of demonization, of ex- b 1830 goal line, and now it’s time to make clusion. And this is something that of- the tough decisions and take the ball fers very, very great promise for our The fact is, Madam Speaker, that across the line. Nation. this moment in time is important. It is And I am ready to do that with our As I begin to wind down, I just want as important as any other piece of his- leadership in the Progressive Caucus. I to make a few other observations that toric legislation that we have seen. am ready to do that with our leader- I think are very, very important, be- It’s clear that the health care indus- ship here in Congress and give the cause I think it’s so critical that we try is in the final throes, final throes, American people—not an individual keep our focus on where it really and it is demonstrating a level of des- Member of Congress, not a health in- should be. peration by issuing this industry re- surance company, not an individual And I am one who, you know, be- port which clearly is fundamentally hospital or a doctor, but to give the lieves that when a group of constitu- flawed and clearly shows that it’s dis- American people the kind of reform ents vote a Member to this auspicious honest and deceptive. And even the that will lower their costs, provide body, that that person has something drafters, PricewaterhouseCoopers, competition, and give them quality to offer. But I also want to say that don’t want to claim it. Experts say care. elections have consequences. When you that it’s wrong. And so I think that we’re right there. cast a vote and you send one party or So we’ve heard about the death pan- We’re ready to go with this, and it’s the other to represent you, you have els. False. We’ve heard about the time for us to do justice for the Amer- the right to expect that that party is school sex clinics. False. We’ve heard ican people and actually to deliver on a going to deliver. And the Democratic about government-run health care and promise that all of us made to them in Party, led by progressives, is delivering accusations of socialism. False again. 2008 to deliver health care reform. at this time. We’ve heard about immigrants taking So I am going to go out and talk I want to also say that new policies over health care. False. And now the about health care reform some more, clearly underscore that the congres- truth is really, really standing clear. and we can spend some time. And I sional party opposite is not in touch Truth crashed to the Earth will rise up. want the American people to actually with the American people around That is what has happened. spend some time doing a little research health care reform. A new poll from It’s important for Americans to take themselves. Don’t just trust us here in Quinnipiac just released today further heart, to take hope, to help support the Congress. Go find the information for illustrates how Republican leaders of passage of true health care reform and yourself. Go to lobbying disclosure at Congress are out of touch with the to understand that if we can pass house.gov so that you can see for your- American people. health care reform, if we can win this self what the health insurance industry Just this morning, a leader in the 60-plus-year-old battle to get health is spending to defeat reform. And then party opposite said the public option care reform, then there are other bat- when you hear their lobbyists, you will has been resoundingly rejected by the tles to be fought and other mountains know to set that aside and stay on the American people, but look at the num- to be climbed and greater things that side of patients, on consumers, doctors, bers that are coming out regarding the this wonderful people can produce for and all of us who want true health care public option. On the wrong side of his- the American people, that America can reform. tory. I recommend the rank and file live out its progressive value system Mr. ELLISON. If the gentlelady will come join the Democrats in passing and can say that we are going to ex- yield, I just want to say, as the gentle- health care reform. But as this new pand opportunity for more Americans. lady is offering her observations, it’s poll and others in recent weeks have We’re not going to demonize and vilify reminding me that we are at a pro- all shown, Americans support a public Americans who happen to be of a par- pitious moment in history. The fact is insurance option in health insurance ticular racial group or happen to be not we are at a moment of history. We are and in reform legislation. born in the United States or we’re not hearing the call of history. This new Quinnipiac poll I mentioned going to turn them into somehow ‘‘the I wonder if the Speaker knows—do said that 61 percent of Americans sup- other,’’ we’re going to continue to em- you know that it was Roosevelt, Presi- port a public option. The Wall Street brace more people as this great coun- dent Roosevelt, Franklin Delano Roo- Journal/NBC says 73 percent of the pop- try has done progressively over its his- sevelt who first said we need universal ulation supports a public option. The tory. health care? It was Truman who re- New York Times/CBS says 65 percent of We’re going to say that we’re going peated the call. It was Nixon, even, the American public supports a public to live in harmony with creation and

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00059 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25021 not just use it as just a fungible com- why four of the five bills before us are So if you have insurance, you get modity to be burned and polluting the essentially eliminated. Four of the five taxed. But if you don’t have insurance, air and destroying the seas and bills include the public option, and the you get taxed. There are $4 billion in acidifying the ocean. Big things await public option has been projected to in- fines on the uninsured and $23 billion the American people, but it’s impor- crease our Nation’s deficit. in penalties and fines for businesses tant that we get over this last piece of Importantly, they are also projected whose employees enter the government true reform to get this momentum to increase costs at 8 percent per year. exchange. So if you don’t have insur- moving. Now, 8 percent per year more than dou- ance or do not provide it, then you get Madam Speaker, I will yield back at bles cost over 10 years. So when the $27 billion in taxes. this time and close out the progressive President says that we know if we do If you use medical devices, hearing message. Thank you very much. nothing, we know if we persist with the aids or artificial hearts, you get taxed. f status quo that costs will double in 10 There’s going to be a $38 billion tax on years, four of these five reforms, on the medical device manufacturers. If you HEALTH CARE face of them, according to the Congres- take prescription drugs, you get taxed. The SPEAKER pro tempore (Mrs. sional Budget Office, will more than There are $22 billion in savings that are HALVORSON). Under the Speaker’s an- double cost. achieved by taxing prescription drug nounced policy of January 6, 2009, the That leaves us with the fifth option producers. gentleman from Louisiana (Mr. CAS- which has received a lot of attention. Total, there’s $349 billion in new SIDY) is recognized for 60 minutes as That is the bill that is coming out of taxes on employers, individuals, med- the designee of the minority leader. the Senate Finance Committee and ical device and drug manufacturers and Mr. CASSIDY. Madam Speaker, I had which has come to be known as the insurance providers and families mak- several communications today that Baucus bill. Now the Baucus bill is ing $200,000 or less. Let’s face it, were just so appropriate for this time gathering our attention because ac- $200,000 is a lot of money, but that’s of discussing health care. I spoke to a cording to the initial estimate, it also ‘‘or less’’ will pay 87 percent of the physician in Ville Platte, Louisiana, would save $81 billion. Wow. If we can taxes. If the math holds, then about who spoke just how the only people actually control costs in that way, $300 billion in these taxes will come that can actually control costs in that’s remarkable. It should be some- from folks who are middle class or just health care is the patient. Because if thing that we all get behind. This is lower upper income, if you will. you think about it, if patients come in being seen as a vehicle where the Despite that, there’s still higher and want a test and they don’t get the Democratic leadership in Congress can health care costs. According to the test, and there’s going to be a dis- achieve their goal of having health Congressional Budget Office, the inde- pendent arm of Congress, the premiums satisfaction, sometimes patients will care reform in the way that they wish in this new insurance exchange which go elsewhere, and they will get the test to achieve it. from another provider. Now, let me pause for a second. We is created by this plan would tend to be Secondly, I spoke to a small busi- all want reform. When I speak to that higher than the average premiums in nessman who said that his premiums small businessman that says that his the current individual market. In fact, are going up by 27 percent. And the cost of insurance is going up 27 percent Mr. Elmendorf, who is the head of CBO, said that we note that piece of legisla- third thing, I wrote a letter to a former in 1 year, we know that that is not sus- tion would raise premiums on average. patient of mine, the widow of a man tainable. At issue is, will he do better There’s also $200 billion in taxes on who had died of cancer, and I was if it is merely the taxpayer or the rate- health insurance plans. So that tax, struck that in each of these, a common payer? If we come up with something presumably, will be passed on to the consideration was the cost of health which more than doubles cost in 10 person purchasing the policy, so that care. Indeed, as we speak about health years, that’s really reform absent re- makes those policies more expensive. care, we can never get away from the form. It is merely changing a private And ultimately, we know that taxes fact that cost is a driver of our discus- insurance bureaucracy to a public in- upon the pharmaceutical industry and sions. surance bureaucracy. manufacturers of durable medical As we approach reform, there are So we come back to the Baucus plan. equipment will be passed to the people three things we need. We need to have Now the Baucus plan is significant be- that consume it. quality health care accessible to all at cause, again, it supposedly will save us So there are several other things an affordable cost. When we say $81 billion in 10 years. But clearly there that we will explore as we go through. ‘‘cost,’’ the President acknowledges is an issue with it. I’m joined by my colleagues, so I will this, as well, the President has said I say that because where do those ask Congressman GINGREY, who is also that he will not sign a health care bill savings come from? Who pays? Well, a physician, as I am, if he would con- that adds one dime to our Nation’s def- according to Speaker PELOSI who is, by tribute to the conversation. icit. Now, by that criteria, and he un- the way, a Democrat, she says who Mr. GINGREY of Georgia. Madam derstands that we are, as a Nation, pays this particular plan from the Sen- Speaker, I thank the gentleman from having a problem with the budget def- ate Finance Committee? The savings Louisiana, Dr. CASSIDY, for yielding to icit, if we create a new entitlement and come off the backs of the middle class. me. I am glad to be with him and my if that adds to our budget deficit, then If you have insurance, you get taxed. other colleagues during this hour talk- we, as a Nation, will be worse off. There are $201 billion in taxes on ing about this important issue of I work in a public hospital in Lou- health insurance plans with a 40 per- health care reform. isiana. And in that public hospital, cent excise tax on insurance plans What Dr. CASSIDY is talking about in whenever money is tight in the State, worth more than $8,000 for individuals regard to the cost, I think, is very im- there tends to be a squeeze on the fi- or $21,000 for family policies. Families portant. And we are constantly going nancing of the hospital. I can remem- making less than $200,000 a year shoul- back and forth trying to figure out ber years in which we would wait to der 87 percent of this burden. As it what it’s going to cost and how it’s order a test until after the new fiscal turns out, many of these people are going to be paid for. One thing I would year. And this happens when cost is an union workers. Over years, union work- like for my colleagues to understand is issue. ers have given up wage increases in that even if you can pay for some- So as we look at our goals of health order to have more generous insurance thing—and we’re talking about a lot of care reform, it is accessible, quality benefits. By this, it makes it a bad sit- money here. The 800-something-billion- health care at an affordable cost. Now, uation. So the Senate finance plan will dollar estimate, I think, is far lower if the President says that he will not tax those benefits. And that’s why Ms. than the actual cost, which is probably sign a bill that adds one dime to our PELOSI says the savings come off the more in the range of at least $1.5 tril- Nation’s deficit, we can understand backs of the middle class. lion over 10 years. And of course we can

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00060 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25022 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 make a case, and I’m sure my col- I thank the gentleman for giving me these are in billions, so there is $81 bil- leagues will do that, when you really an opportunity to be with him tonight. lion in savings. That’s how much it score this plan that the Democratic Mr. CASSIDY. Thank you, Congress- cuts the Federal deficit. The $33 billion majority, Madam Speaker, has in man GINGREY. you speak of is from the Congressional mind, when you calculate it, when it’s I think what you are talking about Budget Office estimate, the inde- fully implemented in the year 2014 when you have the money, honey, let’s pendent arm of Congress. We would through the year 2023, then you’re go buy a new car, means that you actu- have to at least subtract $33 billion probably talking about something ally have a way of financing within from that $81 billion if we are talking that, in fact, would cost more like $2.5 your own budget that’s honest and that about total health care spending by a trillion. you know you can sustain, so that government entity. Fair statement? So we’re talking about huge numbers after a year of purchasing the car, you Mrs. LUMMIS. Indeed. Furthermore, here. But even if you can pay for it, can continue the payments. 33 States could see an over-30 percent even if the President can fulfill his I would like to in a later point go increase in their Medicaid enrollment. promise of not raising taxes or not add- back to Republican solutions, but just Those kinds of increases, including my ing one dime to the deficit, and all provide a little bit of a critique on the State of Wyoming, will hit States these promises he has made, that if Senate Finance bill, because I don’t whose budgets are suffering now with- people like what they’ve got, they can think that they actually have their out these additional costs. keep it and won’t be forced out of their money, honey. One of the reasons I am In my State of Wyoming, our Gov- current health insurance plan, the concerned is because this is, if you will, ernor has asked his State agencies to point is you’re paying for something a schematic of where they have propose budgets that are 10 percent that’s a bad plan. achieved their savings from. lower than the last budget, and that in- One of these is an unfunded mandate Let’s think back 25 or 30 years ago. cludes cutting Medicaid options. on States to provide Medicaid coverage When somebody decided that they were Mr. CASSIDY. That’s 10 percent now for folks for whom they do not do so going to buy a new car, they figured without the imposition of the unfunded now. That’s important because it out how to pay for that new car: Well, Medicaid mandate; is that correct? means that it is a State taxpayer that we’re not going to go out to eat but one Mrs. LUMMIS. The gentleman from does it. time a month; well, we’re not going to Louisiana is correct. This is not just Even though they achieve savings and take the family to the movies; we’re coming from States like mine in Wyo- going to cancel our vacation this year, theoretically are not increasing the Federal deficit, they will be increasing ming. The Governor of Pennsylvania, and we’re going to finally come up with the Democratic Governor of Pennsyl- the money, and we’ve got it, honey. State deficits. According to different Governors, Arnold Schwarzenegger vania, has said, I think it’s an un- We’ve got the money, and we can buy funded mandate. We just don’t have the this new car, and we go out and buy an says that in California this unfunded mandate will be $8 billion a year. wherewithal to absorb that without Edsel. some new revenue source. Now, that Now that makes a whole lot of sense, That’s in The Washington Post. would be a new revenue source in Penn- doesn’t it, my colleagues? No. It Now, they already have a $45 billion sylvania in addition to the new revenue doesn’t make a bit of sense. It’s one deficit in California. Governor sources that the Federal Government thing to talk about paying for it, but if Schwarzenegger is saying that it’s imposes. we are going to pay for something, if going to add to that $8 billion a year; Mr. CASSIDY. New revenue source we’re going to make those kinds of sac- in Tennessee their Governor says $5 means State tax. rifices, let’s pay for the right thing. I billion; Texas $20.4 billion increased Mrs. LUMMIS. It does indeed. The hope my colleagues understand where cost over 10 years; Arizona, $4 billion gentleman from Louisiana is once I’m coming from on this. cost over 5 years. We on the Republican side of the My State of Louisiana, which has a again correct. The Governor of Ten- aisle know we need to reform our $1.8 billion shortfall in Medicaid over nessee, also a Democrat, has said he health care system. We can do it. We the next 2 years, this will increase the fears Congress is about to bestow the can do it in an incremental way, and Medicaid deficit by $640 million over 5 mother of all unfunded mandates. Un- we don’t have to break the bank in the years. I wish our State was as wealthy funded mandates are orders from Wash- process. We don’t have to throw the as California; but in our State, $640 ington that States will spend money baby out with the bath water. million over 5 years is truly a tall that they don’t have. I want to not take too much time, mountain to climb. Mr. CASSIDY. I kind of like that, because a number of my colleagues are We are joined tonight by Congress- ‘‘mother of unfunded mandates.’’ here with us on the floor, and I want to woman LUMMIS, who is a former State Congressman THOMPSON, you are yield back to the gentleman from Lou- treasurer from Wyoming. Congress- from Pennsylvania, and we are speak- isiana controlling the time so that he woman LUMMIS, will you please offer ing of Pennsylvania. What thoughts can allow the others to talk. your thoughts. would you offer, say, regarding, for ex- We can do this. And if the President Mrs. LUMMIS. I thank the gen- ample, I see that this is the Medicaid will abide by the promises that he has tleman for yielding and for holding this population increase per State under made, I’ve got a bill that I have intro- discussion about health care costs. this bill. By this, in Pennsylvania, you duced that is based on 10 principles, ba- What we do know about the bill, and will go up 20 percent. What would that sically, saying no new taxes, no addi- the gentleman’s chart shows some of mean to the State taxpayers of Penn- tion to the deficit, no government bu- the problems with it, Medicare cuts are sylvania? reaucrat coming between a doctor and going to be bearing a huge brunt of the Mr. THOMPSON of Pennsylvania. a patient, no rationing of care, and ab- expense of this new mandate. Well, I thank the gentleman for coordi- solutely no denying coverage to people There are $350 billion worth of Fed- nating this very important discussion that have preexisting conditions and to eral tax hikes, but those that combined this evening, and I thank the gentle- assure that anything that we do pur- are not enough. The Senate Finance lady from Wyoming for referencing the chase is not an Edsel and that, in fact, Committee’s bill imposes a $33 billion Keystone State. we do bend the cost curve and lower unfunded Medicaid mandate on the Yes, Pennsylvania would be impacted the cost of health insurance to every States. Now, what that means, an un- tremendously by this. Certainly, ex- American. funded mandate is when the Federal panding health care is a laudable goal, Government tells the States you will but this Federal mandate would re- b 1845 pay for part of this, and it will come quire the increase of State Medicaid This is the thing that I want to out of your pocket. funding, an unfunded mandate. With stress, and I think it’s hugely impor- Mr. CASSIDY. What we see on this this legislation, Pennsylvania would be tant that we always keep that in mind. previous slide is there is $81 billion, required to increase State Medicaid

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00061 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.001 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25023 funding by $2.2 billion over the next 10 ulation will go up by 40 percent, and affordable, accessible, quality health years. Additionally, Federal subsidies what will that do to your State fi- care. Just to speak to what Dr. BOOZ- for Medicaid would end in 2019, leaving nances? MAN was saying there briefly, if you States to pay the full costs of the Med- Mr. BOOZMAN. Well, as the gen- look at the next 10 years, and you take icaid expansion. In Pennsylvania, the tleman just said, our taxes will go up; 400, $500 billion out of the Medicare costs would be approximately $930 mil- and we will not only be paying Arkan- system, and you add 3 to 31⁄2 million lion in the year 2020 alone. sas’ share, but we will be paying for people to the Medicare system, each Now, Pennsylvania, my State legisla- those four States that have worked a year, and then in the Baucus bill after tive colleagues, they have had a chal- deal. year 2 you cut providers by 24 percent, lenging time. They just, finally, after I was struck. Will you go back to the you do the math. months and months, came to a budget chart that shows the Medicare. I mean, how can you provide more agreement. There was a budget crisis. You know, when you look at that quality care to 30 million people with It really illustrates how difficult it is chart, a tremendous amount of the $500 billion less money? You do the for the State to maintain a balanced pay-fors come out of Medicare, cuts to math, it’s impossible. budget with rapidly increasing costs of Medicare doctors, $240 billion. Right Mrs. LUMMIS. My own Wyoming government programs. now, it’s not uncommon at all for me medical center in Casper, Wyoming, Mr. CASSIDY. Now, just so the folks to get a call because I am an optom- gave me statistics that show that they are reimbursed 37 cents on the dollar understand this issue, in State govern- etrist and practitioner in the area for a for every Medicaid actual dollar that ment, State governments can’t print long time, and they say, my aunt’s they pay out. That means that two- money. They have got to balance the moved to town and they are having thirds, roughly, of the dollars that are budget, I presume, in Pennsylvania as trouble finding a Medicare practitioner paid to Medicare-receiving patients are now because people are cutting back on in my State. paid by someone other than the Fed- If your population is going up, Med- their hours and just refusing to have eral Government. icaid population is going up by 20 per- additional patients. We are already subsidizing the Fed- cent, and you mentioned how much We are talking about cutting that eral Government. The Federal Govern- extra money will have to go into that, $240 billion, $130 billion to the Advan- ment is already not meeting its obliga- that will either come from higher taxes tage Program and 120 to the Medicare tion to serve Medicare patients. or lower services, for example, lower hospital account, which really will dev- Mr. ROE of Tennessee. We have money spent for road construction, for astate rural hospitals in particular, done—there are two plans out there secondary education, for colleges, et which really will affect my State a that have had beautiful experiments in cetera; is that correct? great deal. When you add all of that up, the States. That’s Tennessee and Mas- Mr. THOMPSON of Pennsylvania. It’s that’s close to $500 billion. sachusetts. going to come out of the pockets of the Medicare goes broke now in 2017, 2018. What happened in Tennessee, in the taxpayers. Here’s the rub with that: You have to ask yourself, What is early 1990s, we had managed care come there are actually, as you read the Medicare going to look like in 7 or 8 along and the health care costs were Baucus bill from the Senate, there are years? Right now, it’s a good program. escalating. We have a lot of uninsured exemptions, interestingly enough. One Our seniors are doing well; they are Tennesseans. It was a noble goal to try of those is for the State of Nevada. Ne- getting good care. to cover as many Tennesseans as we vada is on that chart, but I think But when you add 30 percent more could. So we started a plan with eight Democrats and Republicans alike are population to the program, take away different managed care plans to com- aware of the damages that this bill will $500 billion of their resources, again, pete for business. inflict on their States. what is that program going to look What happened between 1993 and 2004, In the States, in the Senate version, like? What is that going to do to our budget years, 10 budget years, 11 budg- for example, Senator REID negotiated a seniors? et cycles, is that the cost on spending, deal to exempt the State of Nevada I had a senior call me today, an old on Medicaid, which is TennCare, our from any additional mandates in the coach of mine. He said, John, I don’t exemption from the Medicaid system, health care legislation. Now, if this understand this. You know, we are the went from 2.5 or $2.6 billion a year to proposed legislation is too much of a group that have paid taxes the longest. $8.5 billion a year, over triple in cost. burden for Nevada, what about the rest I have faithfully paid in—this gen- Now, what do we get for that? Well, of the country? tleman is in his 80s. He said, I have we got more people covered; and we Mr. CASSIDY. Governor Schwarz- paid in all my life, and now I am at the found in this public option that 45 per- enegger says that this will add $8 bil- point where I am needing my care, and cent of the people who had the public lion in cost per year to California. In we paid in the longest, and you are option dropped private health insur- Texas they project over $4 billion per going to penalize us the most. ance and went on the government plan. year. But these States will have to I think that’s something that we Well, that was fine for the person who come up out of pocket. But because Ne- really do have to consider. got the care at that time. But what happened, to make your vada has been able to swing a separate Mr. CASSIDY. Your point being that point, is that the Medicaid system in deal, they are protected from this cost, some of these savings that are achieved our State pays less than 60 percent of although these States are not. to give this nice Congressional Budget the cost of actually providing the care. Mr. THOMPSON of Pennsylvania. Office evaluation of the cost of the Medicare pays somewhere between 80 Well, they are not only protected, but Senate Finance bill are, if you will, the and 90 percent of the costs, the unin- the taxpayers in our States will be pay- savings coming from $240 billion cuts sured somewhere in between, and the ing their bill. to providers. rest of it has shifted to private health Mr. CASSIDY. So the Californians Now, Dr. ROE, you have practiced insurance companies. and the Texans and the Louisianans medicine in Tennessee for many years. I can tell you exactly what happened will be paying for their own States, and Two questions for you. in our State is that they almost broke they will be paying for Nevada too. Is Medicare payments to hospitals the State. The Governor, who is a Dem- Mr. THOMPSON of Pennsylvania. A and physicians so much above their ocrat and who is doing a fine job, as is total of four States were exempted. Ne- cost that you can decrease them this the legislature that’s Republican, are vada is the one I know of. amount and not impact the ability of working together to try to solve this Mr. CASSIDY. Well, this is where those folks to continue to see Medicare problem. other States are, the growth in the patients? I will start with that ques- Medicaid population. tion. b 1900 I am going to ask Congressman BOOZ- Mr. ROE of Tennessee. Well, I think How did they do it? How did they ra- MAN to speak. Arkansas’ Medicaid pop- the mantra that you hear is we want tion care? What they did was they cut

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00062 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25024 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 200,000 people from the rolls because making Texans pay more on their looking at removing $500 billion from the State could not afford it. State taxes, is that correct? Medicare, you can cannot slash a pro- What also is going to happen is our Mr. GOHMERT. Absolutely correct. gram by that much without having governor, and I have a letter from the Texans will be devastated. I understand devastating effects. governor right here, is extremely wor- a lot of folks aren’t concerned about It reminds me of the old days in med- ried about the Bachus plan, and he has what affects Texans, but Texans are. icine, I wasn’t around at the time, already scored that because he knows But you have to look across the coun- when they thought they could treat pa- the next governor is going to have to try at the way it affects overall the Na- tients by bleeding them. They said you deal with it. What he is looking at is at tion, and this is devastating. won’t miss a pint or two of blood. It least $735 million over 5 years. And if I wanted to follow up on something does affect the patient. this were to happen, if the State were my friends were talking about with re- In this case, let’s keep this in mind: to sue Medicaid, which Washington gard to the costs of Medicare and Med- Health care is not expensive because State and California have done, to icaid. We had just heard earlier tonight people have insurance, and yet they freeze the rates so that you couldn’t from my friend from New York, that, want to tax insurance. It is expensive lower the Medicare and Medicaid rates, gee, the actual overhead cost of Medi- because it is filled with waste and inef- that could be as much as $1 billion care is, he said 3.5 percent, and the ficiency and misdirected government more for the State in an unfunded overhead cost for insurance companies mandates. When the government comes mandate. is 30 percent. by and gives doctors pages and pages of Right now our State has no way to I don’t know where he is getting paperwork and says you can do this but pay for it. We just don’t have it in Ten- those numbers. The numbers that I you can’t do that, it is a concern. nessee. And to show you we don’t, the have seen, the numbers I have gotten Let me give you an example of that. governor and the legislature have had from reports here, I have got them in Ninety-five percent of Medicare goes to to cut off enrollment in the SCHIP front of me, indicate it may be 3 per- pay for chronic illness, but because plan, in our State it is called Cover cent or so for Medicare average, but Congress says you can’t really manage Kids, because we don’t have the money that is not all-inclusive of their costs, chronic illness, it is a massive amount for even our matching part right now. and private insurance averages around of waste. What can doctors pay for? In- Mr. CASSIDY. So, reclaiming my 12 percent. dividual tests, individual procedures. But Medicare, as this article notes, time, your experience is basically the But we know that disease management Medicare is devoted to serving a popu- kind of experience I have had. If costs saves money. With a diabetic patient, lation that is elderly and therefore in are not controlled, ultimately patient heart disease, pulmonary disease, very need of greater levels of medical care, care suffers. complex cases which often times re- and it generates significantly higher Mr. ROE of Tennessee. Look, just to quire multiple specialists to go to, expenditures than private insurance get some more time, if you look at multiple medications, but as the Presi- plans, thus making administrative this, there is no way on this Earth, and dent himself said, and I remember hav- costs smaller as a percentage of total I said when I came here I was worried, ing this conversation at the White costs. This creates the appearance that very worried, about our children and Medicare is a model of administrative House as well, we will not pay a penny grandchildren, my grandchildren, how efficiency. to have a nurse or physician’s office they were going to do in this system. I But what John Alter sees as a mir- call that patient, check their blood am now very worried about our seniors, acle is really just a statistical sleight glucose levels, check their oxygen lev- because I am afraid when you decrease of hand. This notes that private insur- els, see how they are doing, but we will the amount of resources, the amount of ers have a number of additional ex- pay tens of thousands of dollars to am- dollars, and add more people and cut penditures falling into the category of putate their feet for a severe diabetic. the costs, cut the amount of money administrative costs, like taxes that That is part of the problem we face you are going to pay to providers, you they have to pay that Medicare does with Medicare. will decrease access and you will de- not pay. Here are a few more. Not only do we crease quality. It has to happen. Or, Additionally, when you compare the not pay for disease management, Medi- thirdly, our seniors are going to pay a administrative costs on a per-person care Advantage does. Medicare Advan- whole lot more money for their health basis, Medicare is dramatically less ef- tage pays to have someone belong to care, which they cannot afford. ficient than private insurance plans. some sort of an organization where In our area where I live in the First And, as this article notes, Medicare’s they will get in physical shape. It pays District of Tennessee, it is not an afflu- administrative costs from 2001 to 2005 for vision and dental. But now the talk ent area; it is a mountainous area of were, on a per-person basis, 24.8 percent is, let’s cut Medicare Advantage be- the State, and so many patients that I higher on average than private insur- cause it costs too much and let’s some- saw every year, a lot of widows that I ance. So when they talk about adding how do these other things. saw lived on a fixed income, a small millions of more people on a Federal It doesn’t make sense. This is not Social Security check, $500, $600, $700 a plan, you add that additional per-per- evidence-based medicine. Evidence- month and maybe a $100-a-month pen- son amount, it is going to be dramatic. based medicine says for patients who sion. They cannot afford any more for My friend from Pennsylvania asked have a lot of complications, you treat their health care right now. that I yield. those patients, you work with those There are millions of Americans, our Mr. TIM MURPHY of Pennsylvania. I complications. And yet what is hap- seniors, who no longer can go out into appreciate the gentleman yielding. pening here, the way this Senate bill the workforce. They can’t hold a job at There are a couple items on that, goes, and I was just looking at this, is, Wal-Mart as a greeter or at McDonald’s that are important to know. When peo- it says let’s slash Medicare Advantage or whatever. They are just physically ple talk about the low overhead cost so seniors do not have this. not able. What are we going to do for for administration for Medicare, that is Keep this in mind: Only 1 in 10 Medi- those folks? because they don’t count the things care beneficiaries are traditional fee Mr. CASSIDY. Reclaiming my time, that go with the Department of Health, for service, because fee for service Congressman GOHMERT, your State will CMS, and all of the administrative doesn’t limit out-of-pocket expenses have a 77 percent increase in your Med- costs that physicians have to have, be- and provides many of the supplement icaid population, so your governor pre- cause what they do is, they pay doctors benefits that Medicare Advantage does. dicts it will be $4 billion more a year in and hospitals less, as has been pointed That is where, when people says it re- costs to the State of Texas. So as we out, and have many times a loss on wards overuse, it is because that is the score this Senate finance bill, which this. only thing sometimes it will pay for. supposedly saves the Federal Govern- If I could elaborate on this, this is We need to focus on how we can actu- ment money, it apparently saves it by important, because as the majority is ally reduce health care costs. The sad

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00063 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25025 thing about this is that by reducing saying, if you will pass this bill, we ate health care bill, among the Medi- fees this much for Medicare Advantage, will cut out the waste, fraud and abuse, care cuts that we see today, are slated by refusing to pay the very thing that and that will pay for $500 billion in for skilled-nursing facilities, which I we acknowledge that science and medi- cuts. Why don’t you quit being an ac- can tell you nobody is getting rich in cine is telling us is going to work, in- cessory and cut it where it is? the skilled-nursing industry. It is chal- stead what it is going to be is pay doc- I have just got to mention this. I was lenging to make the day-to-day finan- tors less, pay hospitals less, put more talking to a senior that I consider a cial payments and requirements there. burden on the patients, gut $500 billion, very wise individual, and this weekend But the skilled-nursing facilities under and somehow miraculously out of the she said, You know what concerns me this Democrat proposed bill are slated sky will come a more efficient health about the $500 billion in cuts to Medi- for cuts of $14.6 billion. care system. It is just the opposite, I care? Maybe not, but I can’t help but Mr. CASSIDY. Now, reclaiming my submit to you. Just the opposite. think, they know that as seniors, we time, that is not an industry. That is a Mr. CASSIDY. Reclaiming my time, have been through World War II, we set of patients. Is that a fair state- it strikes me really in one way there is have seen the evils that lurk in this ment? nothing radical about these plans, be- world. We have gained great wisdom Mr. THOMPSON of Pennsylvania. I cause all these plans do is take the cur- from our years. And they are willing to think it is people’s lives. You are right. rent top-down, bureaucratic-controlled let us die off more quickly so that we This goes beyond an impact on indus- system and they nationalize it. Now, it are not around to try to get our wis- try. This is in fact an impact on peo- is not the same sort of, if you will, pa- dom across to the young people of what ple’s lives, and the lives of people who tient-centered, where patients are in- is at risk by this government takeover. really are some of the most vulnerable volved in their care, patients are in- Mr. CASSIDY. Reclaiming my time, folks that are in our country. as we come back to this, the conversa- volved in saving costs. It doesn’t in- b 1915 volve that. tion is that the bill which has been fa- In a sense it is new wine in an old vorably reported as $81 billion in sav- And then you turn to hospice serv- wineskin. All we are going to do is put ings, actually the savings, as Ms. ices. There are people that are in their the new wine of a nationalized, central- PELOSI says, comes on the back of the final days of life and they’re looking ized, controlled type process, and with- middle-class. If you will, part of the for that opportunity to die with dig- out any of the things that you describe, conversation is that it punishes the nity surrounded by family and loved which are, if you will, truly trans- middle class. In fact, if you include the ones in a setting that is just very com- formative, things that would help cost of the unfunded mandate to the passionate, and this bill is anything lower costs by empowering patients States, if you recognize that some of but compassionate. This Democratic and empowering the physicians to these Medicare cuts just won’t happen, bill that is scheduled for $11 billion in work with those patients. it is reasonable to say that it is going Medicare cuts to hospice. Mr. BOOZMAN. Can I say something to increase the deficit. If you will, I Mrs. LUMMIS. Will the gentleman to the gentleman from Texas? The would like to say it is not so much fis- yield? other thing that we have to remember cal responsibility as it is fiscal sleight Mr. THOMPSON of Pennsylvania. in the administrative cost is that at of hand. Certainly. That said, Congressman THOMPSON, least 10 percent is waste and fraud. So Mrs. LUMMIS. You know, one of the you have been a hospital adminis- you have this very low administrative most exasperating things about this trator. What would be the impact of cost. Well, they are not doing any- whole health care debate in the last these savings upon the patients who thing. several months that’s been unfolding is were seen in hospitals where you Mr. CASSIDY. You are speaking of that the bills we’ve seen from the worked? Democratic Party, from the majority Medicare, if I may reclaim my time. Mr. THOMPSON of Pennsylvania. party, will make matters worse than Mr. BOOZMAN. In speaking of Medi- Well, I thank my good friend for that the status quo. But we don’t have, as a care. The President stood up here a few question. Actually I go back to the po- minority party, the opportunity to weeks ago and agreed. In fact, all of sition I left 2 days before I was sworn show people how we can make matters the things—he was going to fix every- into Congress, and actually at that better than the status quo. thing—much of what he was going to point I will take it to be my responsi- And I would yield to our leader this fix was going to be paid for by getting bility in two areas specifically des- evening to discuss some of those 40 rid of this waste and fraud, primarily ignated in here: Skilled nursing and bills that members in the minority in Medicare and then also in Medicaid. hospice. I actually was a licensed nurs- So when you are not really admin- ing home administrator up to that party have sponsored that would make istering, when you have all of this point, working with individuals that matters better. going on, then certainly you are going really are the most vulnerable. Mr. CASSIDY. Reclaiming my time, I to have a very low expense. But the The people today that are in skilled was speaking to that small business true expense is much higher. nursing are the sick of the sick. They man today back home whose premiums Mr. GOHMERT. And John Stossel are individuals who have no other al- have just gone up 27 percent, and he had made that point well and referred ternatives. We work real hard to have was unaware of the Republican options. to the Cato Institute, that 10 to 20 per- people stay in their homes and to age And there’s a wall of sound that says cent of private insurance administra- with dignity, but there are certain the only thing we can discuss are the tive costs goes to preventing fraud be- ones, and it is a small part of the popu- Democratic-controlled bills as opposed cause the private insurers care about lation, they need facilities like good, to the other options. whether or not they lose money. But, caring, compassionate skilled-nursing There is H.R. 3400, which really en- on the other hand, as he points out, facilities. capsulates many of the things that Medicare is just taxpayer money, so At the same time, for those folks who Congressman MURPHY was speaking they haven’t been as concerned with are at the final days of their lives and about earlier. Now, if we want to say waste, fraud and abuse. find themselves with a terminal dis- that there are the essentials of health From my days as a judge, what we ease, they need services such as hos- care reform, there’s an article by saw was when somebody knows where pice, where they are able to die with McKinsey & Company which is very there is fraud going on and they have a dignity and with compassion, sur- good. And it says the essentials are to duty to do something about it and rounded by family, whether it is in reduce administrative costs, reduce the don’t, they are accessories to the fraud. their homes or in a facility much like cost of chronic care, which is what So it grieves me much to hear leaders the one I worked in. Congressman MURPHY was talking around this town in the majority and So it just, I would say, grieves me, about, and incentivizing patients to the administration at the White House but angers me actually that this Sen- make value-conscious decisions so that

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00064 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25026 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 when the patient actually becomes that we did in Tennessee. From 2006 Office is the one that says that the aware of how much something costs, until now, State spending on health Senate Finance plan will have a growth she will make a different decision than care is up 70 percent. And in that in cost of 8 percent per year, which if she feels as if it costs nothing more State, you cannot be denied coverage more than doubles. Contrast that with at all. and you have a mandate to buy insur- the Kaiser Family Foundation study I know, Congressman ROE, you have ance as an individual. So you have to about health savings accounts, and experience with the health savings ac- purchase this insurance. they’ve found that a family of four counts, if you wouldn’t mind com- Harvard Pilgrim Health Care, from with a health savings account and a menting on that. 2008 until 2009, found this out, that 40 catastrophic policy on top had a cost of Mr. ROE of Tennessee. Well, I appre- percent of their new enrollees were en- insurance 30 percent cheaper than a ciate that. rolled for less than 5 months, and dur- family of four with a traditional insur- There’s no question in our area we’ve ing that 5-month period of time, they ance policy. So because the family is had four different small businesses, in- averaged spending $2,400 a month on engaged, their costs are 30 percent cluding Johnson City, Tennessee, those folks. For the folks like the rest cheaper, again, per Kaiser Family where I was mayor before I came here, of us that just go out and pay our pre- Foundation. That’s bending the cost that have actually flattened their pre- miums, it was $350 a month. So what curve. mium increases by doing exactly what these people were doing is they were Mr. ROE of Tennessee. Well, there’s Congressman MURPHY was talking waiting till they got sick, then they no question that the American people about. You change the incentives. bought the health insurance, and when are the greatest shoppers in the world. BAE Corporation, Holston Munitions, they got well, they dropped it. So they I mean, how many of us haven’t driven they make C–4 and plastic explosives paid the fee or the tax. Look, people over five lanes of interstate to get gas and so forth, and that company has 700 will do what’s in their own best inter- 2 cents a gallon cheaper. I mean, we’ve or 800 employees. They have not had a est. They’re smart, and they’ll figure all done that. Admit it. We are good premium increase in 5 years in that out what to do. So I don’t know how shoppers and consumers, and health company. How’d they do that? Well, you make people or force people to do care ought to be the same way. they changed the incentives. If you it. Mr. CASSIDY. So Congressman GOH- were hypertensive and obese and Guess what happened in Massachu- MERT, have you ever driven across five smoked, it would cost you more for setts? The rest of us, the rest of the lanes of traffic to get some gasoline at your insurance. If you got on their folks up there who got insurance sub- a penny cheaper? plan, their wellness program, and you sidized those people greatly. So I think Mr. GOHMERT. I’ve driven further stopped smoking, you exercised, and you have to put the onus back on, and than that to get cheaper gasoline. I’ve you lost weight, they would reward you we have several plans out there that driven a lot further. In fact, I’m a guy financially. And guess what? They have can do that, that incentivize people to that when I get my gasoline and I turn kept their premiums down. Free Will look after their own health care. I off the pump, I will still make sure I Baptist Ministries, a small 150-person mean, some very simple things to do. get all the gas out of that hose into my group has done exactly the same thing. Tort reform. Very simple. You can car that I paid for. Americans do that I’ve had a health savings account, save billions of dollars. Take away kind of thing when it matters. and let me explain that to people out State lines. Allow co-ops or association Mr. CASSIDY. Reclaiming my time, there who are scared away with this. In health plans to be formed. Subsidize and that’s because you’re empowered, our practice, we have almost 300 em- State high-risk pools. So if a patient of if you will. Now, what if someone else ployees who get insurance through our mine who came in and said, Dr. ROE, I were filling up your gas tank? Do you company, through our business, our was diagnosed with breast cancer 5 think that if someone else were the re- medical practice, and 84 percent of years ago and I’m uninsurable, make sponsible party as opposed to you, them have a health savings account. sure that patient, that woman can get would it be the same dynamic? What that is is this: You manage the affordable health insurance. Those are Mr. GOHMERT. I doubt that if any- first dollars. The first dollars may be simple things we can do that everybody body’s got my credit card and paying $3,000. Mine was $5,000. So I paid the in this Chamber ought to be able to for my gas that they’d go to that much first dollar for any health care, but it agree on. trouble that I do when I’m paying for made me a great consumer. It also Mr. CASSIDY. So, as opposed to the it. But I’ll tell you, to follow up on incentivized me to stay healthy, exer- Senate finance plan which, frankly, I what’s been discussed here and men- cise, eat right. If you don’t spend that think punishes the middle class—again, tioned about health savings accounts, money, guess what happens? You get to Speaker PELOSI says that the savings even yesterday we had people across keep it, roll it over into next year like in this plan will come off the backs of the aisle coming to this floor and say- an IRA, and you can spend that on the middle class. Instead, we’re offer- ing, Republicans have no solutions. your health care the next year. And if ing a different sort of thing which costs And I don’t care how many times they you’re healthy over a number of years, are controlled by empowering patients. say it, it is still not true. As my friends then you’re able to keep this money As Dr. Ardoin said, from Ville Platte, have been talking about, we have some and buy long-term care with it or Louisiana, patients are the only one plans. whatever you want to spend it on that can control costs. And so that I have a bill that uses the HSA, the health care-wise. If anything over would be our sense, empowering pa- health savings account, as the method $5,000, I had a catastrophic policy, so if tients as opposed to putting the sav- of getting health care on track, of get- I had a cancer or a car accident or ings off the back of the middle class. ting patients the power they haven’t some severe illness, it covered 100 per- Mr. ROE of Tennessee. Dr. Cassidy, had in years, the coverage they haven’t cent. So basically what I was doing was you know this, that if I had a patient had in years, or ever. And we had peo- I’m the insurance company. I’m man- that was a pregnant diabetic and she ple on the floor from across the aisle aging my own care and my own dollars. came to me, I can tell her what to do, just saying yesterday and today that It works extremely well. Under this but unless she’s empowered to take we want people to get on Medicare; we plan, it does not work. care of her own blood sugar calcula- have no alternative to that. They need And before I stop, I wanted to pass tions, she’s not going to have a suc- to read some of our proposals. along something that I found very fas- cessful outcome. So we absolutely have My bill, it gives seniors an option. cinating in Massachusetts. In Massa- to engage our patients in solving these You can stay on Medicare or we will chusetts, they’ve done a great job of problems. There’s no doubt about it. give you money every year in a health trying to cover their citizens there. Mr. CASSIDY. And reclaiming my savings account and pay for the cata- They have about 97 percent covered, time, to have some independent judg- strophic care to cover everything above but they’re running into the same issue ments, again, the Congressional Budget that. You won’t need supplemental.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00065 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25027 You won’t need wrap-around, and we’ll would do, and then also how that drove miums. That’s not a price tag that con- give you that choice, because I know costs in your individual practices. siders the cost of defensive practice, where they’re going to go, and when we Mr. CASSIDY. Dr. ROE, as we try and and I understand that. I mean, you in- incentivize the young like we do in my come up with a plan which is patient vest anywhere from $200,000 to $500,000 bill, like my friend Dr. ROE was talking centered, that controls costs, that ex- coming out of school in loans, and be- about, that is going to get the young pands care, OB–GYNs, which you are, cause of lawsuits, and many times friv- people on there. So as they get older, have had more problems—except olous lawsuits, you can lose your prac- they will have accumulated, most of maybe neurosurgeons—with the cost of tice and lose your home over the order- them, so much in their HSA they’re malpractice. Would you mind com- ing of additional tests. That has to be not going to want anybody from the menting? in the neighborhood of somewhere over government interfering in their health Mr. ROE of Tennessee. Thank you. $100 billion annually. care. Let me just give you a little historical H.R. 3400, which we have put forward, Mr. ROE of Tennessee. Would the trip. if that would come to the floor and our gentleman yield? These crises, legal crises have oc- colleagues on that side of the aisle Mr. GOHMERT. Sure. curred throughout various States in would join with us, we could eliminate Mr. ROE of Tennessee. When I go in, the Union, and it occurred in Ten- over $125 billion in unnecessary costs and I had a procedure done on myself a nessee in the mid seventies. All the from health care today. couple of years ago. I take this card companies who provided malpractice Mr. CASSIDY. Reclaiming my time, right here, which is my health savings insurance left the State. So the doctors we have about 1 minute left together. account, and it’s a debit card. And that got together and formed a mutual in- We can say that we have really two day they get paid. I said, I want your surance company, State Volunteer Mu- contrasting visions: one is basically na- best price. I want the lowest price you tual Insurance Company, where what tionalizing the health insurance indus- can give me right here when I pay you we don’t pay out in premiums—I mean try; and although scored as an $81 bil- because you get your money, no insur- in charges and costs. We keep and it lion cost savings by the Congressional ance company involved, no anything. comes back as lower. When I got my Budget Office, we have discussed that I’m paying today cash out of my health first malpractice premium in the sev- that’s in part because of cuts to Medi- savings account. enties, it was $4,000 a year. The young care, which means cuts to health care Mr. CASSIDY. If I may reclaim my physician who replaced me was $74,000. for folks on Medicare, unfunded man- time, again, going back to the b 1930 dates on the States so that States will McKinsey & Company report that force their taxpayers to either pay spoke about the three imperatives for Mr. CASSIDY. Excuse me, Congress- higher taxes or cut the amount of health reform, one was decreasing ad- man. I’m sorry, $74,000 a year for mal- money available for construction, edu- ministrative costs. I read a statistic practice insurance? cation, and such like that, to achieve that 40 percent of the overhead of a pri- Mr. ROE of Tennessee. Yes. And I something which frankly seems illu- mary practitioner is related to billing. spoke to a neurosurgeon just yesterday sory. With that debit card, you just lowered who is over $100,000 a year just in Ten- But if we contrast that with what the that 40 percent to a minimal percent. nessee. What happened in our State Republican Party is proposing, which Mr. GOHMERT. If the gentleman was the following: since the inception is to put patients in the middle of the would yield, another thing that does is of that company, since the mid-seven- process, to say to patients, Listen, it gets transparency back in the proc- ties until now, that’s 35 years, over half once you’re there, you are empowered ess, because when you come in with an the premium dollars we’ve paid have to not only direct your health care, but empowered HSA debit card and you tell gone to attorneys, less than 40 cents to control costs. And we have quoted them, as Dr. ROE did, give me your best have gone to the injured party, and 10 data from Kaiser Family Foundation price, and under my bill, it requires cents go back for reserves and running how that truly happens, as well as the that they give everybody exactly what the company. experience of groups like yours with the prices are in advance. And if Blue What we have in America is a ter- numerous employees. Cross is getting a better price, they rible system to actually pay for injured So at the end we will say that Repub- have to tell you that, too. And then parties. If we have injured someone in licans’ ideas, I think, will empower pa- you would say, well, you either give me a medical malpractice event, we have tients, whereas the Democratic ideas the Blue Cross price or I’m going down no good way except through the legal appear to empower government. the street where they will. It gets com- system, in which most of the money Thank you for joining us. petition back in when you get that goes to the attorneys, both defense and f transparency. We have that in our al- plaintiff attorneys. We can’t actually ternative bills that are not getting the pay for the injured party. AFGHANISTAN chance here on the floor. That is what’s wrong. And I would The SPEAKER pro tempore. Under Mr. BOOZMAN. The other thing I suggest that the attorneys have to the Speaker’s announced policy of Jan- would say, and you all, the gentleman come and help us get a system that uary 6, 2009, the gentleman from Cali- from Tennessee and you might talk better helps the injured party, to com- fornia (Mr. ROHRABACHER) is recognized about the importance of getting rid of pensate them. If we hurt someone, let’s for 60 minutes. these nuisance lawsuits. We got good compensate that person. Right now in Mr. ROHRABACHER. Madam Speak- news. I believe it was the CBO, some- our State we have a terrible system to er, tonight I rise once again to draw body scored this week to the tune of do that. the attention of my colleagues and the many, many billions of dollars. That’s Mr. THOMPSON of Pennsylvania. American people to Afghanistan. I say something that our side is pushing for Will the gentleman yield? ‘‘once again’’ because over my 20-year very, very hard. Everyone agrees. Even Mr. ROE of Tennessee. Yes. career in Congress I have spoken many the President, when he addressed us a Mr. THOMPSON of Pennsylvania. We times and at great length about that few weeks ago, made mention of the have a bill that we’ve made reference distant and desolate country. fact that he’d been talking to his phy- to that Republicans put forward, H.R. My interests and involvement in Af- sician friends and this and that and 3400, which specifically addresses tort ghanistan in fact date back before I that he felt like, you know, that there reform, among many other things. was elected to Congress. During the was something there. The problem was That bill essentially would remove the 1980s, I was a special assistant to Presi- the solution that he offered is really no burden on health care today, which I dent Ronald Reagan. While I was pri- solution. consider part of the waste, and that is marily a speech writer, I soon learned But why don’t you guys talk a little the medical liability premiums; $26 bil- after arriving at the White House with bit about the numbers, what that lion annually in medical liability pre- Reagan’s team at the beginning of his

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00066 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25028 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 administration that the President’s It was especially hurtful to me. I succeeded in making the world a safer words, once spoken and in the RECORD, grew up in a marine family. My father place, a world where universal peace become the policy of the executive was a lieutenant colonel in the United would have a chance. Well, number branch. States Marine Corps. I went to school one, to accomplish that, Ronald As a speech writer, I not only would and lived at Camp Lejeune and Cherry Reagan built up our military might in write the words, but would help deter- Point, North Carolina, when I was in weapons, quality of personnel, and ad- mine what would be said. When I real- eighth, ninth and 10th grade. vance technology. For example, his fa- ized the influence I would have, I was There my brother, who was also mous commitment to a missile defense in awe of where my life had led me. going to school with me, met and be- system, which even today looks like I had worked hard in Ronald Rea- friended a man who became his best such an important investment to pro- gan’s gubernatorial campaigns when he friend, in fact, David Battle, who short- tect us against missiles from Korea or first ran for Governor back in Cali- ly after graduating from Camp Lejeune Iran, or perhaps China. fornia. Later on, I worked on Presi- High School joined the Marine Corps. He improved our intelligence, which dential campaigns when Ronald He was still 17 years old. Sergeant had been gutted in the 1970s. And, last- Reagan ran for President in 1976 and David Battle remained my brother’s ly, and most importantly, by imple- 1980. And when he won in 1980, I went best friend. menting a strategy that became known with him to the White House. And as Ronald Reagan was being in- as the ‘‘Reagan Doctrine,’’ he helped I am still honored that President augurated, right afterwards we went to end the reign of Communist tyranny Reagan brought me to the White House Camp Lejeune and we visited with his and made the world a safer place. with him and that he trusted me family and with David Battle. He was a It was Charles Krauthammer who enough to hold such a position of writ- sergeant at that time. He had been in first identified that Reagan’s words ing his words and working with him on the Marines all that time, two tours of and actions were part of a comprehen- his speeches. And I really appreciate duty in Vietnam, and he was looking sive strategy being brought to bear the fact that often enough President forward in a few years ahead to retir- against Soviet communism, a strategy Reagan backed me up when the re- ing from the Marine Corps. And there that had been outlined in his speeches. marks that I wrote were a little bit he had a small boat which he was going The Reagan Doctrine had nothing to do tougher than the policy statements to be working the rivers and estuaries with sending U.S. troops to far-off that most of the senior staff of the in North Carolina, collecting seafood lands and defeating an enemy. Reagan White House wanted the President to and oysters and clams. He had his life instinctively knew there were limits to say. picked out for him. It was going to be what the power of government, even But I worked for President Reagan, I a fine retirement. We were very close the Army, could accomplish; but he knew that. I didn’t work for his staff; I to that family. also understood the mighty power of worked for him. And I understood that Then I went up and joined the White people who loved freedom. Ronald he wasn’t there to be President. He was House staff. A few years later, when Reagan understood that struggling there to make things happen, to the bomb went off in the Marine bar- against tyranny, especially Communist change the course of our country, to racks in Beirut killing 295 of our peo- tyranny, were America’s greatest al- redirect the confidence of our people ple, I immediately sought out the list lies. They would be our brothers and from a downward spiral at that time to of casualties and Sergeant David Bat- sisters throughout the world of people an upward thrust. tle, his name was the first on the list of who were resisting tyranny, especially Those of us who worked for him knew those who had been killed. I went to Communist tyranny. firsthand that an unmistakable goal to my office in the White House and I The Reagan Doctrine, in short, was which President Ronald Reagan was wept. At that point, I pledged to myself to achieve our goals of a safer world committed was to bring about a more that I would never, ever cease to step and a more secure world and a safer peaceful world. That lofty goal was not forward and try to make sense of some- and more secure America by sup- going to be achieved by ignoring or thing that didn’t make sense and that porting those brave souls in various downplaying threats or by sincere ex- would put our people in jeopardy. countries who were resisting or fight- pressions of a desire for peace or by President Reagan learned a bitter ing pro-Soviet Communist dictator- holding hands and singing kumbaya. lesson; and to his credit, against the ships, which was our enemy as well as Yes, part of Reagan’s strategy to ob- advice of some very aggressive na- their oppressor. tain a more peaceful world was rebuild- tional security advisers, President In Poland, we covertly helped the ing our military forces, this to deter Reagan decided not to reinforce the Solidarity Movement. We bolstered our aggression. decimated marine force in Lebanon. In- broadcasting to captive nations in But let us look back and note that he stead, he pulled them out before we got Eastern Europe and elsewhere. We pro- rebuilt our military forces, but only on stuck in a quagmire that would have vided funds and resources to the anti- rare occasion did President Reagan been exploited by our major global Sandinistas insurgents in Nicaragua, send our troops into troubled spots in enemy at that time, the Soviet Union. which eventually forced that Marxist the far reaches of the world. He was He took great care not to get us into a gangster regime to have a free elec- hesitant to give the green light to use fight that we wouldn’t be able to get tion; and when they did, those Sandi- the military in such actions. He did so out of. nistas, those Marxist Sandinistas lost sparingly. He had a sense not to get us Let me note, for all the name-calling overwhelmingly. trapped into a prolonged conflict or a suggesting Ronald Reagan was a war- The implementation of the Reagan no-win situation. monger for building up our Nation’s Doctrine, not just rebuilding U.S. mili- He sent our marines to Lebanon for a military, Reagan’s predecessors, both tary strength, was what broke the will specific mission. They were there to Republican and Democrat, sent our and the bank account of the Soviet accomplish that mission, and they military into action far more often Union. Nowhere was it more effective were supposed to leave within days. than did President Reagan. The libera- and harder fought than in Afghanistan, Then President Reagan was convinced, tion of Grenada from a bizarre and which in the mid-1980s was in the front over his better judgment, to keep the murderous Communist takeover—and lines of the Cold War. marines in that war-torn city, Beirut, that was just a very small, short oper- A few years into the Reagan adminis- as a stabilizing force—get that, a stabi- ation—and in Lebanon, which turned tration, I was approached by an old lizing force in the most volatile region out so badly, that’s about as far as it friend, Dr. Jack Wheeler, who, interest- of the planet. The result was, of course, goes in terms of Ronald Reagan order- ingly enough, was the chairman of 295 dead marines, a setback for our ing U.S. troops into harm’s way. Youth for Reagan in Ronald Reagan’s country, but a catastrophe for 295 So sending American combat troops first campaign for Governor in Cali- American families who lost loved ones. into battle was not how Ronald Reagan fornia back in 1966. That’s where I met

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00067 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25029 him. After that, Dr. Wheeler had gone stan was the tip of the Reagan Doc- rifice of the Afghan people. How did we on to earn a Ph.D. in philosophy and trine spear. repay this enormous sacrifice that had been earning his living as a tour So, our assistance to the Afghanistan made all of us safer, this tremendous guide which took people on adventure resistance escalated, and as it did, I be- gift that we still enjoy? How did we tours into some of the world’s most came more personally involved in this repay it? We walked away and left a dangerous territories. He was a real In- historic effort. In those days, Jack crippled and wounded Afghan popu- diana Jones; but more than that, he Wheeler would send us firsthand ac- lation to sleep in the rubble. We didn’t was a real patriot. counts of the frontline fight in Afghan- even provide them with an ample level Jack Wheeler wanted to be part of istan. At times, he would bring Afghan- of support to clear land mines that President Reagan’s historic effort to istan warriors to my office in the were planted all over their country, reduce communism’s influence on this White House. Other times, these rugged land mines that we had given them, planet and to relegate it to the ash fighters—the Mujahedeen as they are mines that to this day continue to heap of history. Dr. Wheeler’s plan was called—would come to Washington for blow the legs off of Afghan children. to travel to some of the most inhos- secret meetings, and I would end up To say America was guilty of ingrati- pitable locations in the world and to taking them for lunch at the White tude is to put it mildly, but President contact the leadership of various anti- House dining room or introducing them Reagan was gone by then. His term of Communist insurgencies who were to specific people in the bureaucracy office was over, and George Bush, Sr. there in those far-off places engaged in and in the power structure who could was President—George Bush, Sr., the taking on Soviet military power. I help them. So I got to know and ad- same President who sent American agreed to receive his reports and docu- mire these brave people. troops all over the world and sent a mentation as he traveled, and after 6 In the late 1980s, the Soviets upped huge number of deployments of Amer- months it began to arrive. He was on the ante, unleashing Hind helicopter ican troops into battle, the same the road and into the front lines. gunships which ripped the Mujahedeen, George Bush, Sr. who walked away not I started receiving information, pic- and they were just destroying them at only from the Afghans but from the de- tures and notes and descriptions and will. At this moment of desperation, mocracy movement in China, leaving audiotapes and videotapes in my office there was a major debate in the White them to be slaughtered both in Afghan- in the White House; much of it came House over the proposal to neutralize istan and in Tiananmen Square. No, through diplomatic pouch from far the helicopter gunships by providing George Bush, Sr. was no Ronald away embassies. Stinger missiles, which are shoulder- Reagan. When Dr. Jack Wheeler returned held missiles that can take out air- As time passed, chaos reigned in Af- from searching out the leaders of the planes or helicopters. There was a de- ghanistan. During the Clinton adminis- various anti-Communist insurgencies, bate as to whether to provide them to tration, our government took steps to he came directly to the White House the Afghan resistance. do something about the mayhem in Ronald Reagan personally made the where I arranged for him to brief about that country. Unfortunately, President decision, and the anti-aircraft weapons 30 national security-focused staff mem- Clinton’s team did exactly the wrong were sent. It changed the outcome of bers at the White House. What they thing. What do I mean? heard was electrifying. There was a that battle in Afghanistan, and it One of the reasons for the continued very real opportunity to defeat the So- changed all of history. Yet it was not bloodletting in Afghanistan after the viet Union and to usher in a new era of just weaponry or even U.S. financing or Soviets left and their puppet regime world peace. material support. It was the courage and sacrifice of the Afghan people that collapsed—what brought that on and b 1945 carried the day. A million of them lost continued that bloodletting was that, The Soviet empire was vulnerable, their lives. It was an overwhelming during the war, the American Govern- and that’s where the Reagan Doctrine loss for every family of Afghanistan. ment had agreed to let the Pakistani started at that particular briefing. Ev- Several million were displaced, but all Intelligence Service—that’s the ISI, erybody knew it could be a strategy, of them stood tall and stood up to the the equivalent of our CIA—dole out our and we went to work putting it in place Soviet empire. We were proud to stand supplies, American supplies, to the var- and presenting it to the President. by such people. ious anti-Soviet Afghan factions. The This strategy of the Reagan Doctrine Yes, Charlie Wilson, who used to be a ISI—that’s the Pakistani CIA—was was implemented by men like Dr. Con- Member of Congress and a member of then and is now a hotbed of radical stantine Menges, who had been in the the Appropriations Committee, played Islam. Much of our military supplies, CIA. He was a great academic as well. an important role in getting the money which were being channeled right At that time, he was working with the allocated to help these brave people, through this group, ended up in the National Security Council of the White and other people in Reagan’s White hands of radical, radical, the most rad- House. Yes, CIA Director Bill Casey House can be proud of what was done to ical Islamists—people like Gulbuddin was also significant in the success of support these Afghan freedom fighters. Hekmatyar, Sayoff and other mur- the Reagan Doctrine—and yes, we have I would have to say, for as much as we derous Islamic radicals. to admit Ollie North as well. did—Charlie Wilson and those of us in We could have and should have in- President Reagan, of course, was the the White House and other people—it’s sisted on the direct delivery of U.S. real hero of this particular policy. He the Afghan people who thoroughly de- supplies to the insurgent groups, and approved a strategy that defeated the serve the credit of not only defeating we would choose the insurgent groups. Soviet Union without sending our this Soviet Army in Afghanistan but of We did not insist on that. Instead, our troops into action against Soviet breaking the will of the Communist own CIA punted. Even to this day, they troops or even coming into direct con- Party bosses who controlled the Soviet say, Well, we couldn’t have looked at frontation with Soviet military forces. Union. things for the future. You know, how We feared a nuclear war for decades. When the Soviet Army retreated do you expect us not to have a battle in Reagan ended that threat, that nuclear from Afghanistan, Soviet confidence the future when we’ve got a battle war with the Soviet Union that we all crumbled, and a new world emerged right now to determine? No. You could felt someday might happen and oblit- free from the threat of a Russia con- make a determination of not giving erate most of mankind. Reagan ended trolled by a Marxist-Leninist dictator- weapons to the worst radicals in Af- that threat. Communist tyranny was ship—a Russia committed to Com- ghanistan. They could have made the advancing when Ronald Reagan became munist world domination. determination that, in the long run, it President. He turned it around and laid It was an historic achievement which wouldn’t have been in our interest, be- the foundation for a collapse of the So- can be traced to the Reagan Doctrine cause there were many other moderate viet Government in Russia. Afghani- but also to the blood and to the sac- Afghan Mujahedeen groups who needed

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00068 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25030 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 that support and who didn’t get any- been kept as a reserve force, you might Gillman; Tom Lantos, a senior member where near as much as these radicals say, going to these moderate schools in of the Foreign Affairs Committee; as did from the Pakistani CIA, the ISI. Pakistan until after the Soviets had well as a few others but just a few. Basically, the CIA is giving the ISI been defeated. The lion’s share of After George W. Bush was elected, I leverage, which was then used to pro- Mujahedeen leaders, who fought was able to meet several times with his mote Islamic fascism. It was also used against the Soviet troops, were not new National Security Adviser, to secure the Pakistani dominance of part of the Taliban. Condoleezza Rice, whom I knew from Afghanistan, which has been one of the Well, I hoped for the best after it was the Reagan days. Well, we discussed major reasons, dynamics, that has kept clear that the Taliban was anointed by Russia, and we talked extensively Afghanistan in turmoil for decades. So the Clinton administration, by the about Afghanistan. I pitched the idea what happened? The situation got Saudis and the Pakistanis, and they of overthrowing the Taliban using the worse and worse. The chaos got worse took over Kabul, the capital city of Af- coalition that I’d been building—the and worse. ghanistan. I hoped for the best for anti-Taliban coalition. During this time, I was one of the few about 2 weeks. I was just hoping. Peo- Well, the idea wasn’t rejected, but no who did not turn my head and walk ple told me maybe they’ll come action was taken, at least until 9/11. away. I kept looking for a way out of through, and maybe they’ll start mod- The 9/11 slaughter of 3,000 Americans the insanity and chaos. Yes, there was erating, but my worst nightmares was planned and set in motion by bin a way out, but it was a path the Saudis began to come true after just a few Laden’s al Qaeda terrorist network, and the Pakistanis did not want to weeks. then allied with the Taliban, which was take. There was one man revered by al- A brutal fundamentalist, Islamic headquartered there in Afghanistan most all of the Afghan people of every movement that hated the West was and was operating freely in that coun- faction and every tribe. It was King taking control of Afghanistan, sup- try. Zahir Shah, the king who is in exile, ported by the United States Govern- b 2000 who had led his country for 4 decades ment in the name of stability. That through peace and stability. When he was it. In the name of stability, we’re On 9/11, I was given an incredible op- was overthrown, Afghanistan ended up going to support these radical fun- portunity to utilize the knowledge that in decades of chaos and bloodletting damentalists and other tyrannical I had gained and the relationships I and invasions on a massive scale. forces. had built in that region over the many During that time, King Zahir Shah, For several years, at this time in the years. It was the opportunity to make as he was deposed in a coup, ended up 1990s, I was a voice in the wilderness a significant difference for my country living in exile in Rome. I met with him here in the House, warning that the at a time of great chaos and crisis. there on a number of occasions in the creation and support of the Taliban Only a few days before, al Qaeda/ 1990s. He was the obvious leader to would come back to haunt us someday. Taliban assassins had murdered Com- bring peace and stability to his bloody I had no idea how true these warnings mander Masood. I had met with Com- and torn country but not so obvious to were, and how much it would hurt us. mander Masood in Afghanistan in one the Pakistanis, who wanted to domi- During that time in the 1990s, I met of my several forays into Afghanistan nate and control Afghanistan, not so with the leaders of Afghan tribes and during the 1990s. I visited him in a obvious to the Saudis who were doing ethnic groups in and out of Afghani- mountain hideout, his retreat, or his the bidding of the most violent and stan in an effort to forge an anti- fortress you might say, and we talked anti-Western manifestations of Islamic Taliban coalition. The core of the plan for a long time. We had been in contact fascism, and not so obvious to the Clin- was to bring back Zahir Shah, King ever since the time in the Reagan ton administration, whose goal was to Zahir Shah, as the focal point for dis- White House when he sent his brother go along with the Saudis and the Paki- lodging the Taliban—someone every- to see me. And we had negotiated and stanis. one could rally around, who would kept in touch verbally, but that was I, personally, argued my case to treat people fairly and create a peace- the first time I met him. Our friendship Prince Turki, then the head of the ful, more democratic country. was already in existence, and by that Saudi CIA. Prince Turki had been very At the end of the year 2000, after a meeting, it really was solidified. involved with supporting the anti-So- Herculean effort, there was a meeting And then Commander Masood in the viet Mujahedeen during the war that had been arranged of all the Af- days before 9/11—and we’d been looking against the Soviet occupation. I begged ghan factions except for the Taliban. forward to having this meeting in his with him and pleaded with everyone After that meeting, King Zahir Shah territory with the King, Commander else who would listen. King Zahir Shah agreed to return to Afghanistan to hold Masood was blown apart in an assas- was a moderate Muslim leader who a Loya Jirga in July of 2001. The Loya sination scheme—of course, Taliban would bring peace and stability. No. Jirga, let me note, is a convention of and al Qaeda scheme. And I remember What the Saudis and the Pakistanis tribal elders which was to take place in then how much despair that I had that wanted was a radical Islamic force that the territory that was controlled by this great man who held such promise would supposedly unite the devout Commander Masood. Commander to be a leader of his country, like oth- Muslims of Afghanistan but, more im- Masood is a man who was never beaten ers who were killed during a war portantly, would be a Pakistani and by the Soviets. He was also never beat- against the Russians and now the Saudi ally, an ally who would be will- en by the Taliban, and he was one of Taliban, so many young leaders killed ing to do their bidding. the last commanders who held any part in Afghanistan—a brave man, Abdul What did the Clinton administration of territory in Afghanistan. The rest Hawk, lost his life. do? What did the Clinton administra- was controlled by the Taliban. But Commander Masood, I sat down tion want? Well, what they wanted was Considering this agreement of Zahir in my office in total despair and I said, to make the Saudis and the Pakistanis Shah to go to Commander Masood’s I gotta get control of myself. Why did happy. So, in the mid-1990s, the territory and have a Loya Jirga to talk they kill him? Why did they do that Taliban emerged. They are not the about the future governance, the gov- now? I thought it out, and I realized same as the Mujahedeen. Many Ameri- ernance of Afghanistan, this was a that they had killed Commander cans mistakenly believe that the peo- great step forward, and this agreement Masood in order to prevent the United ple who fought against the Soviet was forged despite the opposition of the States from having an avenue to coun- Army, who were named the Mujahe- Clinton administration. It was a great terattack against them for something deen, later became the Taliban. accomplishment just to get that agree- that they were going to do to us. It By and large, it was the Mujahedeen ment. Those involved in making this made all the sense in the world. later on who drove the Taliban out of happen included International Rela- They were going to have a major at- power. It was the Taliban which had tions Committee Chairman Ben tack on the United States, and it must

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00069 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25031 have been something that was going to my team made after 9/11. It’s like that Qaeda Muslim extremists. Oh my, how be humongous and cause much loss of saying Reagan had framed on his desk: history repeats itself. life or they wouldn’t have gone out of ‘‘There is no limit to what a person can After promising to rebuild their war- the way to kill Commander Masood be- accomplish if he doesn’t care who gets torn country, after the victory over the cause we wouldn’t have wanted to try the credit.’’ Taliban, we then, instead of keeping to retaliate against them, to use him Well, our military originally wanted our word, moved on and committed to retaliate against them for some- to send in heavy American Army divi- ourselves to freeing Iraq from the Sad- thing they did to us. Well, yes, that sions into Afghanistan; basically, what dam Hussein dictatorship and helping was exactly the case. And I realized we did in Iraq. They would be supplied those people. That commitment dra- there would be a monstrous attack on by depots located in the northwestern matically undercut our ability to make the United States, so I immediately provinces, provinces of Pakistan where the kind of effort and expenditure of called the White House. that invasion would have been staged resources that the brave Afghan people I called the White House. I called for from. It would have been a disaster had had a right to expect at that time. National Security Adviser Condi Rice, we done that. The northwestern prov- Well, they fought the Russian Army and her assistant came on the phone inces are the most anti-American terri- and helped end the cold war, and it was and said, Congressman ROHRABACHER, tories in the world, which, right now, an enormous price that they paid to do what is it? And I said, I’ve got to see people are struggling against Taliban that. Then after 9/11, they joined us her. I’ve got to warn her about an im- control over those areas. again to fight radical Islam’s grip on minent, major terrorist attack that is Our team managed to convince their country, which had been used as a going to happen very soon in our coun- America’s decisionmakers to come at base camp for the 9/11 attack that try. There will be a huge terrorist at- Afghanistan from the north through slaughtered 3,000 Americans. The Af- tack. I need to talk to her about it and Uzbekistan, and most importantly, to ghans are brave and honorable people. give her some details of what I think is let our Afghan coalition do the fight- We have to do justice by them. We have going to happen. ing. Most of those making this decision to yet pay back this debt that we still And the aide said, You know, Con- on which way to go—whether to send in owe them. gressman, she’s talked about Afghani- the big heavy divisions or not—had Instead, over the years, we have sent stan before. We know you’re an expert never even heard of Tarmez, which is our military with its incredibly sophis- on that, but she can’t see you today. an Uzbek city on the Afghan border ticated weapons into Afghanistan. She’s a busy person. But if you come that later served as our staging area. When the Taliban were driven out, 90 over tomorrow at 3 o’clock, she will They had, of course, never been at percent of the Afghans loved us and talk to you, and I will put you on the the northwest provinces, nor did they they were doing the fighting against schedule. know about the strategically impor- the extremists. Now, years later, our So I was on the schedule at 3 o’clock tant Afghan city of Mazar-e-Sharif, troops are doing the fighting and the to talk to Condoleezza Rice to warn her which later turned out to be pivotal in hearts of the Afghan people are turning of an imminent major terrorist attack. the defeat of the Taliban. I had been to against us. That’s what the schedule says. The day those cities. I had been to those places, Afghanistan is a country of 4,500 vil- that I was supposed to meet her was 9/ and our little team knew the territory lages. Each has a militia. Either the 11. That day, the planes began flying and the forces at play. And luckily, villages are with us or they’re against into the buildings at 8:45. us. We’ve made the age-old mistake of So on that horrible day, 9/11, I under- some high-level decisionmakers at the stood what was happening, and I imme- DOD and the CIA and, yes, the Na- thinking this society of villages and diately began to provide information tional Security Council listened to us. fiercely independent people can be and contacts to the CIA, Defense De- Too many Americans don’t fully ap- pacified and controlled by our forces or partment, and National Security Coun- preciate the fact that it was an army of those of a central authority in Kabul. cil. The team who had helped me dur- Afghans—that was called the Northern Trying to impose centralized govern- ing the years organizing an anti- Alliance—that defeated the Taliban ment power on these villages rather Taliban coalition was now brought to and drove them out of their country. than approaching them as friends who play to help America plan its counter- Only about 200 U.S. military personnel are there to help has turned friend into attack. were there at the time. Only 200 men, foe, ally into enemy. Charlie Santos, a confidant of Afghan boots on the ground, yes. Only 200 men We can defeat a foreign army, be it a Uzbek leader General Dostum, was a were there of American military per- German or Japanese military power of treasure house of information and di- sonnel. And we gave the Northern Alli- World War II or Republican Guard of rection for our government and part of ance the financial support and supplied Saddam Hussein. We cannot defeat the my team during the years before. Al them the arms and the ammunition country of Afghanistan. We cannot oc- Santoli on my staff ended up talking and, most importantly, the air cover cupy or control its people. We can be directly via satellite cell phones to vil- they needed to defeat the Taliban. their friend, and if we do so, we will lage and tribal leaders. One of them, We also promised to rebuild their win. If we attempt to use our military for example, was so-called warlord country, and that’s how the Taliban— might to force an outcome based on Ishml Khan, thus paving the way for who were immensely more powerful control and pacification of a vast and the injection of our special forces than they are today—that’s how they inhospitable countryside, we will even- troops. were defeated after 9/11. tually lose. The 4,500 villages will be Paul Berkowitz, who now works for So 7 years have passed, and it ap- with us or against us. They will be with me, then working for Chairman Ben pears now that America is pulling de- our enemy, radical Islam, or they will Gilman, opened doors throughout the feat out of the jaws of victory. Amer- be against it. administration. Paul Behrends, a Ma- ican political restructuring and mili- Just as I was in a position to influ- rine major, a former member of my tary firepower has not been working, ence enormously important decisions staff who had been in Afghanistan with and it should be of no surprise that it’s after 9/11, I believe I am here at this me and knew the players in the terri- not working. We can defeat any army moment to try again to influence a de- tory, was there to help. And Dusty and dislodge any tyrant or regime. We cision that will have horrendous nega- Rhodes, an expert from the intelligence cannot conquer or subjugate a people. tive consequences if not made with an community, he was on my staff at the Once we are viewed as occupiers and understanding of Afghanistan and its time and had very special skills that not liberators, we lose. people. were incredibly important to helping The people of Afghanistan are devout Today we are facing a decision to us determine how to proceed. Muslims. Yet after 9/11, large numbers send or not to send 35,000 more combat I have never sought much credit for of them came to our side and fought troops into Afghanistan. Thirty-five the small but significant contribution against and defeated the Taliban and al thousand more troops, by definition,

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00070 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25032 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 means Americans will do more fight- business. Karzai was never someone don’t know? And the corruption and ing. It is a wrong strategy, a strategy who had any loyalty of the Afghan peo- the ineptitude of that central author- that will not work and will cost too ple. ity, of course, which we have foisted upon them is not an acceptable alter- much financially and cost too much in b 2015 terms of the lives of our military per- native. We’re not giving them an ac- sonnel. A better plan is to re-earn the He was not a political force in that ceptable alternative. No wonder why loyalty of these brave and long-suf- country. We forced Karzai on the Af- the Taliban is being considered. All fering people. ghan people after 9/11, and we forced this means is that local people have no Afghan children are the most beau- the king into a more subservient role honest system to settle disputes, to de- tiful kids in the world, but this coun- when he returned rather than a role termine rights or to organize the effort try has the world’s highest infant mor- where he could have selected true Af- that’s needed to elevate the condition tality rate. It tears at the heart and ghan leaders to help rebuild their coun- of this suffering and poverty-stricken soul of these people that they’re losing try, leaders that would have been hon- people. These people are devout, but their children. Let’s help them change est instead of what we have now in the they’re not fanatics. But they will ac- that. Karzai administration, which is noth- quiesce again to the Taliban Islamic The money needed to finance sending ing more than a kleptocracy, gangster fringe if it is at least honest at its core 35,000 more combat troops into Afghan- regime. as compared to visiting crooks who are istan is a mind-boggling 35 billion— In the United States our schools are claiming the right to make decisions that’s ‘‘billion’’—dollars per year. A run locally. Remember this. Our that have the finality and power of law commitment of even a small portion of schools are run locally. Our police are but people whom they don’t even know this would bring life-elevating progress run locally. The criminal justice sys- who they are, much less have voted for throughout that land of 4,500 villages. tem is run at the State or local level. them. It would win the goodwill of those vil- What would have happened if somebody What we do now is what we should have done originally. Let the local vil- lages and their militias. After that, had come into our country during the lages appoint their own elders to posi- they could become a real asset. They American revolution and said, No, we tions of local authority. Let them pick would be a real force against radical have to reconfigure it so that all the a wise person who they know to be a Islam. And yes, we need to re-earn the power’s in Washington and all the ap- judge and make decisions for them lo- loyalty and gain the loyalty of our Af- pointees are going to be in Washington cally. Let the village militias become ghan allies. After 9/11, we disarmed the D.C., and that’s where all the power is going to be and you’re going to have to part of a National Guard. Give them Northern Alliance. We need to re-arm uniforms, give them guns and ammuni- them, and we need to rebuild a solid have a centralized government. Our Founding Fathers would have revolted tion, give them communication gear, friendship with those people. and use the central army to back them Building a central army, however, in against that, because that wasn’t con- up, not to disarm them for fear of their Kabul is not the way to defend against sistent with how we knew that freedom was going to be preserved; it wasn’t sympathies. Taliban insurgents. Sending in more Yes, the U.S. can remain a major consistent with representative govern- U.S. combat troops is not the answer, military force in Afghanistan, but we ment and democracy. No, we wouldn’t nor is just building up a central army cannot and will not succeed if we be- have done that. in Kabul. Reaching out to the villages lieve our military forces, foreign fight- Well, let me just note, what we’ve and tribal elders and establishing local ers in a foreign land, can bring a rec- got there in Afghanistan and what militias, perhaps buying their goodwill ognizable military victory. Adding if need be, these are the things that we’ve tried to establish in Afghanistan more troops feeds the illusion that we will work. And it will cost a pittance is a Kabul-based centralization of au- can win some kind of victory if we just compared to $35 billion more per year thority. How can we expect the people exercise more power and send more for 35,000 more troops who may end up of Afghanistan to accept something— military personnel. Alexander the turning off the people of Afghanistan centralization of power—which is to- Great left the bones of his entourage rather than enlisting them to our side. tally contrary to their own decentral- there as did the British and, yes, the Opposing our enemy by arming and ized society which they have had for Russians. The sword has never con- financing local and village leaders was thousands of years, especially when the quered these people. It may for a lim- a strategy that worked against the So- centralized authority that we’re trying ited time give an appearance of sta- viet Army, and it worked against the to foist on them has been corrupt and bility but, instead, will feed a sim- Taliban after 9/11, and it will work in no way reflects the consent of the mering antipathy that will not cool again. Let us admit that our goals governed? but only grow hotter and more fero- these last 7 years, that the goals that Members of parliament there are cious. Again, we can defeat any army. we have actually tried to put in place elected in a slate. The people there in We cannot conquer and subdue the na- these last 7 years were wrong. The that country don’t have individual dis- tion of Afghanistan. Only Afghans, goals were wrong. Not just the imple- tricts that represent them, individual from the bottom-up, can control and mentation. The goals were wrong. congressmen who are elected from indi- pacify their countryside. Honest and decentralized government vidual districts. They aren’t even elect- There is still time for our action in in Afghanistan should have been the ed at specific villages. No, there is not Afghanistan to end with honor and suc- goal. Decentralized. Honest and decen- one person in that government who cess, for the Afghans and for Ameri- tralized, perhaps representative, gov- most people in Afghanistan can iden- cans. They can still have a great end- ernment in Afghanistan should have tify as someone for whom they voted ing to all of this. The first step towards been the goal, not creating a central for to represent them, not in the par- that is to signal to the whole nation of power, the fallacy that you can’t have liament, not in the Kabul government, Afghanistan, send them a message a real country unless you really have a because there’s no congressmen that heard in every corner of those 4,500 vil- government in charge in the capital are elected. They’re elected at a prov- lages, and that is that the United that then controls the rest of the coun- ince-wide level which means it’s a slate States is not trying to foist upon them try. That was a total illusion, and it and almost all of the villages, nobody a corrupt central government. To ac- was wrong. It was never something we knows anybody on the slate because complish this, we must recognize the could have accomplished. the slate is dictated politically from travesty of this last election. While we Instead, what we wanted to do in- Kabul which, of course, is a corrupt cannot have an entirely new election, stead of a decentralized government, center of power. we can insist on a runoff between we wanted to establish a national Do we expect the Afghan people to Messrs. Karzai and Abdullah. In this power, and we wanted to have national just accept orders from people who runoff election, a respected inter- power wielders with whom we could do they haven’t voted for, whom they national organization, perhaps the

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00071 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25033 OSCE, could be given a free hand to than spending money to send people combat troops there. Let us not put correct problems as they appear and over there to kill more Afghans. We more of our people at risk or have our throw out illegal ballots if necessary. can be their partners in building and people killing more Afghans in the After the elections we should commit improving the life of the Afghan peo- name of obtaining some illusionary ourselves to a new course, a new course ple. And it will bring change to that victory. Let us reach out and win the that respects the traditional village country and have a much greater loyalty of these people who have shown structure and reaches out with assist- chance at success. their loyalty to us time and again. We ance to improve health, water, edu- Let me end this tonight with one last can do that now with just a minor ex- cation and agriculture in Afghanistan. story, which I didn’t mention. Before I penditure. Give us $5 billion to rebuild Yes, at first the risk of such a plan will came to Congress, I actually went into that country and to help build a mili- be great for the individuals who are Afghanistan with an Afghan military tia system so they can protect them- willing to go to the front lines with our unit, a mujahadeen unit, who were selves. That is what America is sup- helping hand offensive. But this ap- fighting the Soviet Union. And I had posed to be all about. proach, a helping hand, will be far met so many of these leaders, I told That young man had a dream. That more effective than a mailed fist ap- them one day that I would join them in young man now is 40 years old, hope- proach. It will take money. We may a great battle if I had left the White fully somebody who still has faith in need to begin to buy goodwill. Maybe House. And so I went to the battle of us, we need to reach out to him and the we need to offer to put some people on Jalalabad as part of a small military other young people of Afghanistan and consulting fees at the local level, some force. All we had were AK–47s and say we can make this a better world. of these local leaders and village el- rocket-propelled grenades. I had a We are willing to work with you to do ders. Well, that can be done; and we beard. I was in Afghan garb. I was just that. We respect your society and can also do things like, for example, one of the team, one of that unit. Our structure and your traditions, and it’s some expenditures that prove our good job was to protect and to work with a not in any way contradictory to what faith, like setting up clinics or schools rocket unit that was about to attack America believes in local government or economic projects that will improve and give them protection, about to and democracy, and people choosing the life of those villagers. It may take launch rockets into a Soviet position their own government and those people courage and we will lose some people. outside the city of Jalalabad. who make laws for them. But in the end the expense and the loss As we marched to the battle of It’s time for America to stand for of life will be far less than a warrior-fo- Jalalabad, it was late at night and the principle. I hope that my Republican cused alternative. And, yes, fighting bombs and things were going off, you colleagues will understand that every will be necessary. The Taliban are evil. could hear the explosions and see them; time someone in the military—and I They are inseparable from al Qaeda be- and I was with about 120 Afghans by respect General McChrystal. Just be- cause they are the same radical ex- that point, worming our way through cause he is in the military, he does not tremists. We know that. Anybody who the hillsides toward the battle. A have ‘‘the plan’’ that will necessarily is a dreamer, who thinks that, well, we young Afghan lad, perhaps 16 years old, bring about the type of change in a so- can bring back the Taliban but we can an AK–47 over his shoulder, came up to ciety or another kind of dynamic rath- separate them from al Qaeda, that is me and said, ‘‘I understand that you’re er than a military dynamic. Many just so much nonsense. But the Taliban in politics in America.’’ I said, ‘‘Yes, I times military officers don’t under- need not come back. There is opposi- am.’’ He said, ‘‘Well, are you a donkey stand that. We should stand up after tion to the Taliban if we offer a tan- or an elephant?’’ I said, ‘‘Well, I’m an thinking about it and doing what is gible alternative. Let us build up the elephant.’’ He said, ‘‘I thought you right and listen to those of us who have militias in the towns and villages were.’’ been in Afghanistan over these years to across that desolate country and let And as we talked, I said to him, try to have a policy that’s a positive these militias do the fighting. We can ‘‘What do you plan to do once this war policy that can succeed, and not just and should help establish a militia sys- with the Soviets is over?’’ And as we looking for an illusionary military vic- tem and back them up, from the air or marched toward that battle, he said, ‘‘I tory that will always be out of our even on the ground if necessary. But it want to be an engineer or an architect. grasp. will be the Afghans, not the Ameri- I want to rebuild my country. I want to Thank you very much, Mr. Speaker. I cans, who are on the front lines of this rebuild my country. And I know, with yield back the balance of my time. effort. you Americans, we can do that.’’ f How much will it cost us to deploy I don’t know whatever happened to 35,000 more troops? $35 billion. What that young man. He may never have LEAVE OF ABSENCE I’m talking about is a strategy that survived that battle. I left after a week By unanimous consent, leave of ab- would cost a minuscule amount of that and I was back here in the safety of our sence was granted to: and have a much greater chance of suc- country. I only could have died of diar- Mrs. EMERSON (at the request of Mr. cess. Let’s stand down these troops. rhea or by drinking bad water. He BOEHNER) for today and the balance of Let’s let these 35,000 American mili- could have stepped on a land mine. A the week on account of her step- tary personnel stay home with their Russian plane napalmed one part of the daughter’s wedding. families. And let’s send to the Afghans group that I was with. He could have Ms. MCCOLLUM (at the request of Mr. a portion of what that additional troop died in something like that. But that HOYER) for today on account of official cost would be. young man, 16 years old, is now prob- business in the district. Every time in the past we got to this ably 40 years old. We owe him a lot. We f situation, it was either send those can only hope that he is still that troops and spend the money for them idealistic, that he wants to work with SPECIAL ORDERS GRANTED or not give them anything, or just give Americans to rebuild his country and By unanimous consent, permission to them a little bit. No, let’s give them a to see that his family has a better address the House, following the legis- substantial infusion into their society chance even though life now has passed lative program and any special orders of wealth and expertise that can help his generation by. heretofore entered, was granted to: build that society. That will be so Life didn’t have to pass his genera- (The following Members (at the re- much cheaper and more cost effective, tion by. We should have done our duty quest of Mr. WEINER) to revise and ex- and with a billion dollars, yes, you can by them. We have a chance to do that tend their remarks and include extra- buy the loyalty of a number of Afghan again, to remake that, to redo that and neous material:) leaders at the village and provincial to do what’s right, and it will be suc- Mr. LANGEVIN, for 5 minutes, today. and tribal level that can get us over cessful for us as well as for the people Mr. WEINER, for 5 minutes, today. the hump. Now that’s certainly better of Afghanistan. Let us not send more Mr. DEFAZIO, for 5 minutes, today.

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00072 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25034 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009

Ms. WOOLSEY, for 5 minutes, today. Mr. WESTMORELAND, for 5 minutes, Television Transition and Public Safety Act Ms. KAPTUR, for 5 minutes, today. today. of 2005 to remain available until expended Ms. WATSON, for 5 minutes, today. Mr. WAMP, for 5 minutes, today. through fiscal year 2012, and for other pur- poses; to the Committee on Energy and Com- (The following Members (at the re- Mr. BOOZMAN, for 5 minutes, today. merce. quest of Ms. FOXX) to revise and extend Ms. FOXX, for 5 minutes, October 20, their remarks and include extraneous 21 and 22. material:) f Mr. MCCLINTOCK, for 5 minutes, f today. SENATE BILL REFERRED ADJOURNMENT Mr. POE of Texas, for 5 minutes, Oc- tober 22. A bill of the Senate of the following Mr. ROHRABACHER. Mr. Speaker, I Mr. WOLF, for 5 minutes, today. title was taken from the Speaker’s move that the House do now adjourn. Mr. JONES, for 5 minutes, October 22. table, and, under the rule, referred as The motion was agreed to; accord- Mr. MORAN of Kansas, for 5 minutes, follows: ingly (at 8 o’clock and 30 minutes today, October 20, 21 and 22. S. 1694. An act to allow the funding for the p.m.), under its previous order, the Mr. BURTON of Indiana, for 5 minutes, interoperable emergency communications House adjourned until tomorrow, Fri- October 20, 21 and 22. hgrant program established under the Digital day, October 16, 2009, at 11 a.m. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for Speaker-authorized official travel during the first quarter and third quarter of 2009, pursuant to Public Law 95–384 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, JOINT COMMITTEE ON TAXATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. CHARLES B. RANGEL, Chairman, Oct. 2, 2009.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2009

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. James P. McGovern ...... 8 /23 8 /25 Kuwait ...... 109.00 ...... 3,954.10 ...... 4,063.10 8/25 8/27 Bahrain ...... 248.00 ...... 248.00 8/27 8/29 Kabul, Afghanistan ...... 26.00 ...... 4,151.20 ...... 4,177.20 Committee total ...... 383.00 ...... 8,105.30 ...... 8,488.30 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. HON. LOUISE MCINTOSH SLAUGHTER, Chairman, Oct. 7, 2009.

(AMENDED) REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON FOREIGN AFFAIRS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2009

Date Per diem 1 Transportation Other purposes Total

U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Hon. Eliot L. Engel ...... 2/16 2/18 Mexico ...... 699.50 ...... (3) ...... 699.50 2/18 2/20 Nicaragua ...... 337.32 ...... (3) ...... 337.32 2/20 2/22 Jamaica ...... 775.68 ...... (3) ...... 775.68 Committee total ...... 1,812.50 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. h HON. HOWARD L. BERMAN, Chairman, Oct. 5, 2009.

EXECUTIVE COMMUNICATIONS, placement (CMRR) Project, pursuant to Pub- 4120. A letter from the Secretary, Depart- ETC. lic Law 110-417, section 3112; to the Com- ment of Energy, transmitting a report on the Under clause 2 of Rule XXIV, execu- mittee on Armed Services. Strategic Petroleum Reserve 2008 Emergency Test Exchanges; to the Committee on En- tive communications were taken from 4119. A letter from the Secretary, Depart- ergy and Commerce. the Speaker’s table and referred as fol- ment of Health and Human Services, trans- lows: mitting the Department’s report entitled, 4121. A letter from the Acting Director, Of- 4118. A letter from the Vice Chairman, De- ‘‘Report to Congress on the Impact and Ef- fice of Civilian Waste Management, Depart- fense Nuclear Facilities Safety Board, trans- fectiveness of Administration for Native ment of Energy, transmitting the Office’s re- mitting Certification Report on the design of Americans Projects for Fiscal Year 2007’’; to port entitled, ‘‘2008 Annual Financial Report the Chemistry and Metallurgy Research Re- the Committee on Education and Labor. for Years ending September 30, 2008 and

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00073 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 25035 2007’’; to the Committee on Energy and Com- the Department’s final rule — Establishment facture of sleeping bags; to the Committee merce. of Class E Airspace; Tompkinsville, KY on Ways and Means. 4122. A letter from the Chairman, Pension [Docket No.: FAA-2009-0604; Airspace Docket By Mr. KANJORSKI: Benefit Gauranty Corporation, Department No. 09-ASO-18] received September 18, 2009, H.R. 3817. A bill to provide the Securities of Labor, transmitting the Inspector Gen- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- and Exchange Commission with additional eral’s semiannual report to Congress for the mittee on Transportation and Infrastruc- authorities to protect investors from viola- reporting period Octber 1, 2008 through ture. tions of the securities laws, and for other March 31, 2009, pursuant to 5 U.S.C. app. 4133. A letter from the Program Analyst, purposes; to the Committee on Financial (Insp. Gen. Act) section 5(b); to the Com- Department of Transportation, transmitting Services. mittee on Oversight and Government Re- the Department’s final rule — Establishment By Mr. KANJORSKI: form. of Class E Airspace; Lewisport, KY [Docket H.R. 3818. A bill to amend the Investment 4123. A letter from the Chairman, Federal No.: FAA-2009-0706; Airspace Docket No. 09- Advisers Act of 1940 to require advisers of Trade Commission, transmitting the Com- ASO-26] received September 18, 2009, pursu- certain unregistered investment companies mission’s Strategic Plan for Fiscal Years ant to 5 U.S.C. 801(a)(1)(A); to the Committee to register with and provide information to (FYs) 2009 to 2014, as required by The Govern- on Transportation and Infrastructure. the Securities and Exchange Commission, 4134. A letter from the Program Analyst, ment Performance and Results Act of 1993; and for other purposes; to the Committee on Department of Transportation, transmitting to the Committee on Oversight and Govern- Financial Services. the Department’s final rule — Modification By Mr. GORDON of Tennessee (for him- ment Reform. of Class D and Class E Airspace, Establish- self, Mr. HALL of Texas, Ms. GIF- 4124. A letter from the Program Analyst, ment of Class E Airspace; Binghamton, NY Department of Transportation, transmitting FORDS, and Mr. OLSON): [Docket No.: FAA-2009-0202; Airspace Docket H.R. 3819. A bill to extend the commercial the Department’s final rule — Amendment of 09-AEA-11] received September 18, 2009, pur- Class E Airspace; Ironwood, MI [Docket No.: space transportation liability regime; to the suant to 5 U.S.C. 801(a)(1)(A); to the Com- Committee on Science and Technology. FAA-2009-0052; Airspace Docket No. 09-AGL- mittee on Transportation and Infrastruc- 1] received September 21, 2009, pursuant to 5 By Mr. WU (for himself, Mr. SMITH of ture. Nebraska, Mr. GRAYSON, and Mr. U.S.C. 801(a)(1)(A); to the Committee on 4135. A letter from the Acting Adminis- MOORE of Kansas): Transportation and Infrastructure. trator, General Services Administration, 4125. A letter from the Program Analyst, H.R. 3820. A bill to reauthorize Federal transmitting informational copies of natural hazards reduction programs, and for Department of Transportation, transmitting prospectuses that support the General Serv- the Department’s final rule — Amendment of other purposes; to the Committee on Science ices Administration’s Fiscal Year 2010 Cap- and Technology, and in addition to the Com- Class E Airspace; Monee, IL [Docket No.: ital Investment and Leasing Program; to the FAA-2008-1314; Airspace Docket No. 08-AGL- mittees on Natural Resources, and Transpor- Committee on Transportation and Infra- tation and Infrastructure, for a period to be 21] received September 21, 2009, pursuant to 5 structure. subsequently determined by the Speaker, in U.S.C. 801(a)(1)(A); to the Committee on 4136. A letter from the Chairman, Social each case for consideration of such provi- Transportation and Infrastructure. Security Advisory Board, transmitting a re- 4126. A letter from the Program Analyst, port titled, ‘‘The Social Security Statement: sions as fall within the jurisdiction of the Department of Transportation, transmitting How It Can Be Improved’’; to the Committee committee concerned. the Department’s final rule — Amendment of on Ways and Means. By Mr. DEAL of Georgia (for himself, Class E Airspace; Iowa Falls, IA [Docket No.: 4137. A letter from the Chairman, United Mr. BURGESS, Mr. PITTS, Mr. BLUNT, FAA-2008-1272; Airspace Docket No. 08-ACE- States International Trade Commission, and Mr. BUYER): H.R. 3821. A bill to prevent States from 4] received September 21, 2009, pursuant to 5 transmitting the nineteenth report in a se- limiting employers from using auto-enroll- U.S.C. 801(a)(1)(A); to the Committee on ries on The Impact of the Caribbean Basin ment for employee health insurance cov- Transportation and Infrastructure. Economic Recovery Act (CBERA), pursuant erage; to the Committee on Education and 4127. A letter from the Program Analyst, to 19 U.S.C. 2704; to the Committee on Ways Labor. Department of Transportation, transmitting and Means. By Mr. DEAL of Georgia (for himself, the Department’s final rule — Establishment 4138. A letter from the Acting Director, Of- Mr. BURGESS, Mr. PITTS, Mr. BLUNT, of Class E Airspace; Clayton, GA [Docket fice of Communications and Legislative Af- Mr. BARTON of Texas, and Mr. No.: FAA-2009-0605; Airspace Docket No. 09- fairs, Equal Employment Opportunity Com- BUYER): ASO-19] received September 18, 2009, pursu- mission, transmitting the Commission’s An- nual Report on the Federal Work Force for H.R. 3822. A bill to permit employers to ant to 5 U.S.C. 801(a)(1)(A); to the Committee provide contributions and assistance to cer- on Transportation and Infrastructure. Fiscal Year 2008, pursuant to 42 U.S.C. 2000e- 4(e); jointly to the Committees on Oversight tain employees who purchase individual 4128. A letter from the Secretary, Depart- health insurance; to the Committee on Edu- ment of Transportation, transmitting the and Government Reform and Education and Labor. cation and Labor, and in addition to the second of five reports required by Section Committees on Energy and Commerce, and f 1201(c) of the American Recovery and Rein- Ways and Means, for a period to be subse- vestment Act of 2009 (Recovery Act) detail- REPORTS OF COMMITTEES ON quently determined by the Speaker, in each ing the Department’s progress; to the Com- PUBLIC BILLS AND RESOLUTIONS case for consideration of such provisions as mittee on Transportation and Infrastruc- fall within the jurisdiction of the committee ture. Under clause 2 of rule XIII, reports of concerned. 4129. A letter from the Program Analyst, committees were delivered to the Clerk By Mr. DEAL of Georgia (for himself, Department of Transportation, transmitting for printing and reference to the proper Mr. PITTS, Mr. BLUNT, Mr. BARTON of the Department’s final rule — Modification calendar, as follows: Texas, and Mr. BUYER): of Class E Airspace; Sarasota, FL [Docket Mr. GORDON of Tennessee: Committee on H.R. 3823. A bill to amend titles XIX and No.: FAA-2009-0652; Airspace Docket 09-ASO- Science and Technology. H.R. 3585. A bill to XXI of the Social Security Act to make cer- 21] received September 18, 2009, pursuant to 5 guide and provide for United States research, tain changes to the State Children’s Health U.S.C. 801(a)(1)(A); to the Committee on development, and demonstration of solar en- Insurance Program and the Medicaid Pro- Transportation and Infrastructure. ergy technologies, and for other purposes; gram; to the Committee on Energy and Com- 4130. A letter from the Program Analyst, with an amendment (Rept. 111–302). Referred merce. Department of Transportation, transmitting to the Committee of the Whole House on the By Mr. DEAL of Georgia (for himself, the Department’s final rule — Establishment State of the Union. Mr. BURGESS, Mr. PITTS, Mr. BLUNT, of Class E Airspace; Saluda, SC [Docket No.: f Mr. BARTON of Texas, and Mr. FAA-2009-0603; Airspace Docket No. 09-ASO- BUYER): 16] received September 18, 2009, pursuant to 5 PUBLIC BILLS AND RESOLUTIONS H.R. 3824. A bill to allow States to estab- U.S.C. 801(a)(1)(A); to the Committee on Under clause 2 of rule XII, public lish interstate compacts for the purpose of Transportation and Infrastructure. expanding health insurance options; to the 4131. A letter from the Program Analyst, bills and resolutions of the following Committee on Energy and Commerce. Department of Transportation, transmitting titles were introduced and severally re- By Mr. BRIGHT: the Department’s final rule — Establishment ferred, as follows: H.R. 3825. A bill to amend the Internal Rev- of Class E Airspace; Hertford, NC [Docket By Mr. ADERHOLT: enue Code of 1986 to provide a Federal in- No.: FAA-2009-0705; Airspace Docket No. 09- H.R. 3815. A bill to extend temporarily the come tax credit for certain home purchases; ASO-25] received September 18, 2009, pursu- reduction of duty on polyethylene HE1878; to to the Committee on Ways and Means. ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Committee on Ways and Means. By Mrs. BIGGERT (for herself and Mrs. on Transportation and Infrastructure. By Mr. ADERHOLT: CAPPS): 4132. A letter from the Program Analyst, H.R. 3816. A bill to suspend temporarily the H.R. 3826. A bill to amend title XVIII of the Department of Transportation, transmitting duty on man-made shells used in the manu- Social Security Act to provide payments

VerDate Mar 15 2010 12:27 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00074 Fmt 0688 Sfmt 0634 E:\BR09\H15OC9.002 H15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25036 CONGRESSIONAL RECORD—HOUSE, Vol. 155, Pt. 18 October 15, 2009 under the Medicare Program to licensed line of duty; to the Committee on Oversight erans Affairs to publish redacted medical health care practitioners for unscheduled and Government Reform. quality-assurance records of the Department telephone consultation services in the case By Mr. HIGGINS (for himself, Mr. HIN- of Veterans Affairs on the Internet website that such payments are determined to be CHEY, Mr. MASSA, Ms. MOORE of Wis- of the Department; to the Committee on cost and quality effective; to the Committee consin, Mr. MAFFEI, Mr. LEE of New Veterans’ Affairs. on Energy and Commerce, and in addition to York, and Mr. HOLT): By Mr. TIAHRT: the Committee on Ways and Means, for a pe- H.R. 3834. A bill to amend the Internal Rev- H.R. 3844. A bill to amend the Internal Rev- riod to be subsequently determined by the enue Code of 1986 to enhance incentives for enue Code of 1986 to provide a special depre- Speaker, in each case for consideration of renewable energy development in high job- ciation allowance and recovery period for such provisions as fall within the jurisdic- loss zones in metropolitan and micropolitan noncommercial aircraft property; to the tion of the committee concerned. statistical areas; to the Committee on Ways Committee on Ways and Means. By Mr. STARK: and Means, and in addition to the Committee By Mr. ANDREWS: H.R. 3827. A bill to prohibit discrimination on Energy and Commerce, for a period to be H. Con. Res. 200. Concurrent resolution ex- in adoption or foster care placements based subsequently determined by the Speaker, in pressing the sense of Congress regarding the on the sexual orientation, gender identifica- each case for consideration of such provi- freedom, security, and stability of Taiwan; tion, or marital status of any prospective sions as fall within the jurisdiction of the to the Committee on Foreign Affairs. adoptive or foster parent; to the Committee committee concerned. By Mr. TIAHRT (for himself, Mr. on Ways and Means. By Mr. HOLT: WAMP, Mrs. BACHMANN, Mr. BART- By Mrs. BIGGERT (for herself, Mr. H.R. 3835. A bill to amend the National LETT, Mrs. BLACKBURN, Mrs. BONO KIRK, Mr. LEE of New York, Mr. GER- Voter Registration Act of 1993 and the Help MACK, Mr. BOOZMAN, Mr. CHAFFETZ, LACH, Mr. ROGERS of Michigan, Mr. America Vote Act of 2002 to strengthen pro- Mr. EHLERS, Ms. FOXX, Mr. FRANKS of NEUGEBAUER, Mr. PAUL, Mrs. CAPITO, tections against the wrongful removal of in- Arizona, Mr. GINGREY of Georgia, Mr. Mr. MANZULLO, Mr. SESSIONS, Mr. dividuals from the official list of eligible vot- GOODLATTE, Mr. GRAVES, Mr. HELLER, PUTNAM, Mr. MCCOTTER, Mr. CULBER- ers and the wrongful denial of applications Mr. HERGER, Mr. INGLIS, Mr. KLINE of SON, Mr. SAM JOHNSON of Texas, Mr. for voter registration, and for other pur- Minnesota, Mr. LAMBORN, Mr. LUCAS, JOHNSON of Illinois, Mr. ROE of Ten- poses; to the Committee on House Adminis- Mrs. MCMORRIS RODGERS, Mr. MILLER nessee, Mr. EHLERS, Mr. UPTON, Mr. tration. of Florida, Mrs. MYRICK, Mr. PETRI, KING of New York, Mr. JONES, Mr. By Mr. ISRAEL: Mr. PITTS, Mr. PLATTS, Mr. ROE of LAMBORN, Mr. CHAFFETZ, Mr. BACHUS, H.R. 3836. A bill to authorize the Secretary Tennessee, Mr. RYAN of Wisconsin, Mrs. BACHMANN, Mr. BARRETT of of Energy to provide credit support to en- Mr. SMITH of Nebraska, Mr. SMITH of South Carolina, and Mr. MCHENRY): hance the availability of private financing Texas, Mr. TERRY, Mr. WESTMORE- H.R. 3828. A bill to temporarily suspend the for clean energy technology deployment; to LAND, and Mr. WOLF): approval or certification of any housing the Committee on Energy and Commerce. H. Con. Res. 201. Concurrent resolution to counseling agencies of ACORN or its affili- By Ms. KILROY (for herself, Mr. establish the Joint Select Committee on ates and require the Inspector General of the CUELLAR, Mr. THOMPSON of Mis- Earmark Reform, and for other purposes; to Department of Housing and Urban Develop- sissippi, Mr. PASCRELL, Ms. CLARKE, the Committee on Rules. ment to conduct an audit of any assistance Mr. DEFAZIO, Ms. RICHARDSON, Ms. By Mr. LARSON of Connecticut: provided by the Department to ACORN and NORTON, Mr. SIRES, Ms. JACKSON-LEE H. Res. 834. A resolution electing a Member its affiliates, and for other purposes; to the of Texas, Mr. CLEAVER, and Ms. to certain standing committees of the House Committee on Financial Services. TITUS): of Representatives; considered and agreed to. By Mr. BRADY of Pennsylvania: H.R. 3837. A bill to amend the Homeland By Ms. JENKINS (for herself, Mr. H.R. 3829. A bill to amend title 23, United Security Act of 2002 to provide for clarifica- BOEHNER, Mr. CANTOR, Mr. PENCE, States Code, to reduce the amount of Federal tion on the use of funds relating to certain Mr. PAULSEN, Mr. MCCLINTOCK, Mrs. highway funding available to States that do homeland security grants, and for other pur- SCHMIDT, Mr. LEE of New York, Mr. not enact a law prohibiting the use of cer- poses; to the Committee on Homeland Secu- HENSARLING, Mr. LATTA, Mr. ROE of tain communication devices while operating rity. Tennessee, Mr. REICHERT, Mr. MAN- a motor vehicle, and for other purposes; to By Mr. MURPHY of Connecticut (for ZULLO, Mr. SCHOCK, Mr. DENT, Mrs. the Committee on Transportation and Infra- himself and Mr. PLATTS): CAPITO, Mr. KLINE of Minnesota, Mr. structure. H.R. 3838. A bill to amend the Juvenile Jus- THOMPSON of Pennsylvania, Mr. GER- By Mr. FORTENBERRY: tice and Delinquency Prevention Act of 1974 LACH, Ms. FOXX, Mr. TERRY, Mr. H.R. 3830. A bill to direct the Secretary of to provide incentive grants to promote alter- GRAVES, Mr. BARTON of Texas, Mr. Health and Human Services to develop an in- natives to incarcerating delinquent juve- CULBERSON, Mr. MICA, Mr. SMITH of dividual chronic disease prevention and niles; to the Committee on Education and Texas, Mr. DANIEL E. LUNGREN of wellness achievement matrix; to the Com- Labor. California, Mr. SAM JOHNSON of mittee on Energy and Commerce. By Mr. ROONEY (for himself and Mr. Texas, Mr. LUCAS, Mr. MORAN of Kan- By Mr. FORTENBERRY: MCMAHON): sas, Mr. SCALISE, Mr. SMITH of Ne- H.R. 3831. A bill to amend the American H.R. 3839. A bill to amend title 10, United braska, Mr. KINGSTON, Mr. COBLE, Recovery and Reinvestment Act of 2009 to States Code, to authorize the reimbursement Mrs. LUMMIS, Mr. GOHMERT, Mr. CAR- eliminate the phase out of the Medicare hos- of mental health counselors under TRICARE, TER, Mr. POE of Texas, Ms. GRANGER, pice budget neutrality adjustment factor; to and for other purposes; to the Committee on Mr. THORNBERRY, Mr. DREIER, Mr. the Committee on Ways and Means. Armed Services. BUYER, Mr. CAMP, Mr. POSEY, Mr. By Mr. FRANKS of Arizona: By Mr. RUPPERSBERGER (for himself SESSIONS, Mr. BARTLETT, Mr. BACHUS, H.R. 3832. A bill to enhance the effective- and Mr. THORNBERRY): Mr. HASTINGS of Washington, Mr. ness of United States diplomatic efforts with H.R. 3840. A bill to strengthen certain pro- MCCARTHY of California, Mr. HALL of respect to Iran by expanding economic sanc- visions relating to arms export licenses, and Texas, Mr. HOEKSTRA, Mr. CAMPBELL, tions against Iran to include refined petro- for other purposes; to the Committee on For- Mr. GARRETT of New Jersey, Mr. leum, require the Secretary of Defense to de- eign Affairs. LANCE, Mr. BUCHANAN, Mr. DAVIS of velop and maintain viable military options By Mr. SCHRADER: Kentucky, Mr. ROGERS of Alabama, to prevent the successful development or de- H.R. 3841. A bill to amend the Internal Rev- Mr. BOUSTANY, Mr. GOODLATTE, Mr. ployment of a nuclear weapons capability by enue Code of 1986 to repeal carryover basis RYAN of Wisconsin, Mr. KIRK, Mr. the Government of Iran, and for other pur- for decedents dying in 2009, to increase the LATHAM, Mr. GALLEGLY, Mrs. MCMOR- poses; to the Committee on Foreign Affairs, estate tax exemption to $5,000,000, and to re- RIS RODGERS, Mr. CONAWAY, Mr. and in addition to the Committees on Finan- duce the maximum estate and gift tax rate ADERHOLT, Mr. GUTHRIE, Mr. CAL- cial Services, Armed Services, Ways and to 45 percent; to the Committee on Ways and VERT, Mr. MARCHANT, Mr. CHAFFETZ, Means, and Oversight and Government Re- Means. Mr. ISSA, Mrs. BLACKBURN, Mr. form, for a period to be subsequently deter- By Mr. SCHRADER (for himself and OLSON, Mr. ALEXANDER, Mr. LAM- mined by the Speaker, in each case for con- Mr. DRIEHAUS): BORN, Mr. COFFMAN of Colorado, Mr. sideration of such provisions as fall within H.R. 3842. A bill to amend the Internal Rev- WESTMORELAND, Mrs. MILLER of the jurisdiction of the committee concerned. enue Code of 1986 to extend the first-time Michigan, Mr. SULLIVAN, Mr. NEUGE- By Mr. HALL of New York: homebuyer tax credit; to the Committee on BAUER, Mr. FRELINGHUYSEN, Mr. H.R. 3833. A bill to amend chapters 81, 83, Ways and Means. MCCAUL, Mr. HARPER, Ms. GINNY and 84 of title 5, United States Code, to pro- By Mr. SESTAK: BROWN-WAITE of Florida, Mr. FLEM- vide for enhanced benefits for survivors of H.R. 3843. A bill to amend title 38, United ING, Mr. WALDEN, Mr. UPTON, Mr. Federal public safety officers killed in the States Code, to direct the Secretary of Vet- PRICE of Georgia, Mr. EHLERS, Mrs.

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BONO MACK, Mr. MACK, Mr. FORBES, H.R. 560: Mr. CONNOLLY of Virginia. H.R. 2279: Mr. MEEKS of New York, Ms. Mr. JONES, Mr. PITTS, Mr. SENSEN- H.R. 644: Mr. BLUMENAUER. MATSUI, Mr. SPACE, Mr. BUTTERFIELD, Mr. BRENNER, Mr. LINCOLN DIAZ-BALART H.R. 678: Mr. ELLSWORTH. ROSS, Mr. INSLEE, Mr. GONZALEZ, Mr. SAR- of Florida, and Mr. BARRETT of South H.R. 734: Mr. SESTAK. BANES, and Ms. FUDGE. Carolina): H.R. 795: Mr. BERMAN. H.R. 2296: Mr. ARCURI. H. Res. 835. A resolution amending the H.R. 836: Mr. MELANCON. H.R. 2329: Mr. TAYLOR. rules of the House of Representatives to pro- H.R. 930: Mr. SMITH of New Jersey. H.R. 2345: Mr. GARY G. MILLER of Cali- vide for transparency in the committee H.R. 1064: Mr. HALL of New York and Mr. fornia and Mr. FORTENBERRY. amendment process; to the Committee on MASSA. H.R. 2360: Mr. MITCHELL, Mr. CUMMINGS, Rules. H.R. 1074: Mr. LINDER. Mr. STEARNS, and Mr. SCALISE. By Mr. ROE of Tennessee: H.R. 1101: Mr. HEINRICH. H.R. 2413: Mr. TIERNEY and Mr. MICHAUD. H. Res. 836. A resolution expressing support H.R. 1132: Mr. RUSH, Mr. CAMP, and Mr. H.R. 2443: Mr. ROTHMAN of New Jersey and for Teen Read Week; to the Committee on GRIJALVA. Mr. SIRES. Education and Labor. H.R. 1147: Ms. HIRONO. H.R. 2446: Mr. MINNICK. By Mr. GUTHRIE: H.R. 1173: Mr. PUTNAM. H.R. 2452: Mr. ADLER of New Jersey, Mr. H. Res. 837. A resolution recognizing Ken- H.R. 1177: Mr. GUTHRIE and Ms. ROS- ABERCROMBIE, Mr. RODRIGUEZ, Mr. BILIRAKIS, tucky Wesleyan College for over 150 years of LEHTINEN. Mr. VISCLOSKY, Mr. MAFFEI, Mr. GONZALEZ, service as an institution of higher education; H.R. 1194: Mr. HOLDEN. Mr. GENE GREEN of Texas, and Mr. ORTIZ. H.R. 1245: Mr. YOUNG of Florida. to the Committee on Education and Labor. H.R. 2478: Mr. THOMPSON of California and H.R. 1283: Mr. SCHRADER. By Mr. BILIRAKIS (for himself, Mrs. Mr. MICHAUD. H.R. 1322: Mr. CONNOLLY of Virginia. MALONEY, Mr. SARBANES, Ms. TSON- H.R. 2480: Mr. ROTHMAN of New Jersey and H.R. 1361: Mr. ETHERIDGE. GAS, Ms. TITUS, Mr. ROSKAM, Mr. Ms. FUDGE. H.R. 1402: Mr. ALTMIRE. SPACE, and Mr. GALLEGLY): H.R. 2502: Mr. MCGOVERN and Mr. PAYNE. H.R. 1408: Mr. ELLISON and Mr. LEWIS of H. Res. 838. A resolution welcoming to the H.R. 2548: Mr. CAPUANO. Georgia. United States and to Washington, DC, His H.R. 2567: Mr. RANGEL and Mr. VAN HOL- H.R. 1427: Mr. YOUNG of Alaska. All Holiness Bartholomew, Archbishop of LEN. H.R. 1468: Mr. MCCAUL. Constantinople, New Rome, Ecumenical Pa- H.R. 2625: Mr. GRIJALVA, Ms. BERKLEY, Ms. H.R. 1469: Mr. MCCOTTER and Ms. triarch on his upcoming trip on October 20, CHU, and Ms. JACKSON-LEE of Texas. WASSERMAN SCHULTZ. 2009, through November 6, 2009; to the Com- H.R. 2672: Mr. SHUSTER. H.R. 1470: Mr. MURPHY of New York. mittee on Foreign Affairs. H.R. 2730: Ms. FUDGE. H.R. 1570: Mr. MILLER of Florida and Mr. By Mr. BLUMENAUER (for himself, H.R. 2777: Mr. BOSWELL. ALTMIRE. Mr. PAYNE, and Mr. FALEOMAVAEGA): H.R. 1578: Ms. HIRONO and Mr. POLIS. H.R. 2785: Mr. POE of Texas. H. Res. 839. A resolution condemning the H.R. 1690: Mrs. CHRISTENSEN and Mr. H.R. 2788: Mr. BOCCIERI, Mr. LATTA, and Ms. illegal extraction of Madagascar’s natural OLVER. ROS-LEHTINEN. resources; to the Committee on Foreign Af- H.R. 1718: Mr. WOLF and Mr. CONNOLLY of H.R. 2807: Mr. MORAN of Virginia. fairs. Virginia. H.R. 2817: Mr. CONNOLLY of Virginia. By Mr. BURTON of Indiana (for him- H.R. 1740: Mr. TIM MURPHY of Pennsyl- H.R. 2844: Mr. LARSEN of Washington. self, Ms. ROS-LEHTINEN, and Mr. vania. H.R. 2894: Mr. WATT. FRANKS of Arizona): H.R. 1770: Mr. ARCURI and Ms. SHEA-POR- H.R. 2905: Mr. BURTON of Indiana. H. Res. 840. A resolution condemning con- TER. H.R. 2946: Mr. ROTHMAN of New Jersey and tinuing violations of religious freedom in the H.R. 1820: Mr. THOMPSON of California. Mr. LOBIONDO. Middle East, and for other purposes; to the H.R. 1826: Mr. LOEBSACK and Mr. ANDREWS. H.R. 2964: Mr. CHAFFETZ. Committee on Foreign Affairs. H.R. 1829: Mr. THOMPSON of Pennsylvania H.R. 3012: Mr. MEEK of Florida. By Mr. GERLACH (for himself, Mr. and Mr. MITCHELL. H.R. 3024: Mr. MARSHALL, Mr. HOLT, Mr. DENT, Mr. UPTON, Mrs. MILLER of H.R. 1849: Ms. SCHAKOWSKY, Ms. MARKEY of CUMMINGS, and Mr. OLVER. Michigan, Mr. EHLERS, Mr. CASTLE, Colorado, Ms. LINDA T. SA´ NCHEZ of Cali- H.R. 3044: Mr. FATTAH and Mr. BONNER. Mr. CAO, Mrs. BIGGERT, and Mr. fornia, Ms. SCHWARTZ, Mr. PERLMUTTER, Mr. H.R. 3116: Mr. GUTHRIE. BISHOP of New York): RUSH, Mr. SCOTT of Georgia, Ms. JACKSON- H.R. 3202: Mr. HOLT. H. Res. 841. A resolution expressing support LEE of Texas, Ms. BEAN, Mr. KENNEDY, Mr. H.R. 3218: Mr. BLUNT. for designation of November 29, 2009, as MASSA, Mr. FOSTER, Mr. FATTAH, Mr. NEAL H.R. 3264: Mr. PIERLUISI. ‘‘Drive Safer Sunday’’; to the Committee on of Massachusetts, Ms. MOORE of Wisconsin, H.R. 3265: Mr. SARBANES. Transportation and Infrastructure. Mr. MILLER of North Carolina, Mr. AL GREEN H.R. 3276: Mr. BLUNT. By Mr. HODES (for himself and Ms. of Texas, Mr. ALTMIRE, Ms. EDDIE BERNICE H.R. 3337: Mr. WU and Ms. SUTTON. SHEA-PORTER): JOHNSON of Texas, Mr. HASTINGS of Florida, H.R. 3375: Mr. SHULER. H. Res. 842. A resolution expressing the Mr. DREIER, Mr. HENSARLING, Mr. SERRANO, H.R. 3401: Mr. NADLER of New York. sense of the House of Representatives that Mr. BARROW, Mr. BISHOP of Georgia, Ms. H.R. 3407: Mr. BUCHANAN and Mr. ELLISON. The MacDowell Colony in Peterborough, New EDWARDS of Maryland, Mr. RODRIGUEZ, Mr. H.R. 3408: Mr. KILDEE. Hampshire, should be recognized for its con- MCNERNEY, Mr. SCOTT of Virginia, Ms. CHU, H.R. 3501: Mr. POLIS of Colorado. tribution to the arts around the world, and Mr. PAUL, Mr. BARTLETT, Ms. KOSMAS, and H.R. 3519: Mr. HASTINGS of Washington, Mr. the cultural heritage of the United States; to Mr. KISSELL. THOMPSON of Pennsylvania, and Mr. PUTNAM. the Committee on Oversight and Govern- H.R. 1875: Mr. MICHAUD and Ms. SUTTON. H.R. 3554: Mr. MCMAHON and Mr. MCGOV- ment Reform. H.R. 1941: Mr. BROWN of South Carolina. ERN. By Ms. ZOE LOFGREN of California: H.R. 1977: Mrs. DAHLKEMPER. H.R. 3569: Mr. BROUN of Georgia. H. Res. 843. A resolution supporting the H.R. 1987: Mr. MCMAHON. H.R. 3572: Mr. WEINER. goals and ideals of Toastmasters Inter- H.R. 1993: Mr. MCNERNEY. H.R. 3578: Mr. GERLACH. national and celebrating its 85th anniver- H.R. 2017: Mr. BARRETT of South Carolina. H.R. 3585: Mr. KLEIN of Florida, Mr. HALL sary; to the Committee on Oversight and H.R. 2024: Mr. DONNELLY of Indiana. of New York, Mr. RODRIGUEZ, Mr. CARNAHAN, Government Reform. H.R. 2055: Mr. MCNERNEY. Ms. SLAUGHTER, Mrs. HALVORSON, Mr. BISHOP f H.R. 2057: Mr. MEEKS of New York. of New York, Mr. WELCH, Mrs. MILLER of H.R. 2124: Mr. COLE. Michigan, Mr. MORAN of Virginia, Mrs. DAVIS ADDITIONAL SPONSORS H.R. 2139: Ms. EDWARDS of Maryland and of California, Mr. HIGGINS, Mr. POLIS of Colo- Under clause 7 of rule XII, sponsors Mr. KILDEE. rado, Mr. WAMP, Mr. BARTLETT, Mr. ROTH- H.R. 2194: Mr. LEWIS of Georgia, Mr. RUP- MAN of New Jersey, Mr. HIMES, Mr. YOUNG of were added to public bills and resolu- PERSBERGER, and Mr. BARTON of Texas. Florida, and Mr. THOMPSON of California. tions as follows: H.R. 2254: Mr. PAULSEN, Mr. CHILDERS, Ms. H.R. 3597: Mr. WELCH, Ms. FUDGE, and Mr. H.R. 43: Mr. BERMAN and Mr. MITCHELL. NORTON, and Mr. POE of Texas. KILDEE. H.R. 205: Mr. POE of Texas. H.R. 2266: Mr. WELCH and Mr. DELAHUNT. H.R. 3608: Mr. BACHUS. H.R. 213: Ms. SHEA-PORTER. H.R. 2267: Mr. WELCH. H.R. 3615: Mr. SMITH of Nebraska. H.R. 391: Mr. ROE of Tennessee and Mr. H.R. 2275: Mr. MCMAHON, Mr. CONAWAY, Mr. H.R. 3630: Mr. SCHIFF. MCCOTTER. VAN HOLLEN, Mr. LEWIS of Georgia, Mr. H.R. 3633: Mr. DOYLE and Mr. MCNERNEY. H.R. 436: Mr. ETHERIDGE. MORAN of Virginia, Mr. ABERCROMBIE, Mr. H.R. 3636: Mr. PAYNE. H.R. 463: Ms. CHU. GENE GREEN of Texas, Ms. FUDGE, Mr. H.R. 3639: Mr. HODES, Mr. BACA, Mr. SHER- H.R. 471: Mr. BOCCIERI. DRIEHAUS, Mr. HINOJOSA, Ms. WATERS, and MAN, Mr. KISSELL, Mr. HALL of New York, H.R. 501: Ms. EDWARDS of Maryland. Mrs. CAPPS. and Ms. ZOE LOFGREN of California.

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H.R. 3644: Mr. PIERLUISI and Ms. PINGREE of Mrs. BONO MACK, Mr. MURPHY of Con- zona, Mr. CONNOLLY of Virginia, and Ms. Maine. necticut, Ms. BALDWIN, Ms. ESHOO, and Mr. EDWARDS of Maryland. H.R. 3651: Mr. REYES. ROGERS of Michigan. H. Res. 783: Mr. MCCARTHY of California, H.R. 3654: Mrs. CHRISTENSEN. H.R. 3797: Mr. BARTLETT, Mr. ALEXANDER, Mr. MASSA, Mr. MCNERNEY, and Mrs. H.R. 3666: Mr. BISHOP of New York and Mr. and Mr. SAM JOHNSON of Texas. CHRISTENSEN. CUELLAR. H.R. 3802: Mr. PITTS. H. Res. 787: Mr. RUSH, Ms. MATSUI, Ms. H.R. 3667: Ms. GINNY BROWN-WAITE of Flor- H.R. 3810: Mr. WELCH, Ms. SCHAKOWSKY, Mr. ESHOO, Mr. BUTTERFIELD, Ms. CASTOR of ida and Mr. KLEIN of Florida. KILDEE, and Ms. BORDALLO. Florida, Mrs. CAPPS, Mr. SARBANES, Ms. H.R. 3669: Mr. FILNER. H. Con. Res. 16: Mr. WOLF. DEGETTE, Mr. WEINER, Mr. INSLEE, Mr. COO- H.R. 3672: Mr. HARE, Mr. MICHAUD, Mr. FIL- H. Con. Res. 102: Mr. BERMAN. PER, Mr. DENT, Mr. SCHOCK, Mr. WELCH, Mr. NER, and Mr. MASSA. H. Con. Res. 139: Mr. BARRETT of South BRALEY of Iowa, Mr. GORDON of Tennessee, H.R. 3676: Mr. ALEXANDER. Carolina, Mr. CAO, and Mr. JOHNSON of Geor- Ms. SUTTON, Mr. BISHOP of New York, Ms. H.R. 3677: Mr. OLSON, Mr. BONNER, Mr. gia. KOSMAS, Mr. HINCHEY, Ms. PINGREE of Maine, SCHOCK, Mr. WILSON of South Carolina, and H. Con. Res. 198: Mr. HALL of Texas, Mr. Ms. FUDGE, Mr. HARE, and Ms. SLAUGHTER. Mr. KIRK. CUELLAR, and Mr. CAMP. H. Res. 796: Mr. MARCHANT. H.R. 3691: Mr. DENT, Mr. GERLACH, Mr. H. Res. 274: Mr. POSEY. H. Res. 798: Mr. HOLT, Mr. MCNERNEY, Mr. LOBIONDO, and Mr. YOUNG of Florida. H. Res. 395: Ms. EDDIE BERNICE JOHNSON of LEWIS of Georgia, and Mr. MCMAHON. H.R. 3693: Mr. LATOURETTE, Mr. BURTON of Texas. H. Res. 801: Mr. COHEN, Mr. MEEK of Flor- Indiana, and Mr. EHLERS. H. Res. 510: Mr. LOBIONDO and Mr. MCMA- ida, Mr. CONYERS, Mr. OBERSTAR, and Mr. H.R. 3696: Mr. ALEXANDER. HON. SERRANO. H.R. 3700: Mr. BARTLETT, Ms. FALLIN, Mr. H. Res. 583: Mr. BOSWELL, Mr. BISHOP of H. Res. 811: Mr. VAN HOLLEN and Ms. GIF- COFFMAN of Colorado, Mr. LAMBORN, Mr. SAM Georgia, Mr. COSTA, Mr. CARDOZA, Mr. MAR- FORDS. JOHNSON of Texas, Mr. AKIN, Mr. FLEMING, SHALL, Mr. ELLSWORTH, Mr. WILSON of Ohio, H. Res. 812: Mr. CONNOLLY of Virginia and Mr. BONNER, Mr. BISHOP of Utah, Mr. AUS- Mr. DONNELLY of Indiana, Mr. SPACE, Mr. Mr. MCCOTTER. TRIA, Mr. POSEY, Mr. WAMP, Mr. ROONEY, Mr. ARCURI, Mr. PATRICK J. MURPHY of Pennsyl- H. Res. 819: Mr. SHADEGG, Mr. ISSA, Mr. KING of Iowa, Mr. FRANKS of Arizona, and vania, Mr. MELANCON, Mr. BOREN, Mr. HILL, FRANKS of Arizona, Mr. GINGREY of Georgia, Mr. GOHMERT. Ms. HERSETH SANDLIN, Mr. MATHESON, Mr. Mr. COLE, Mr. AKIN, Mr. KING of Iowa, Mr. H.R. 3710: Mr. DEFAZIO and Mr. WAXMAN. BOYD, Mr. PETERSON, Mr. THOMPSON of Cali- KLINE of Minnesota, Mr. GOHMERT, Mr. H.R. 3712: Mr. CROWLEY, Mr. LEWIS of Geor- fornia, Mr. KRATOVIL, Mr. NYE, Mr. GORDON BROUN of Georgia, Mr. BISHOP of Utah, Mrs. gia, Mr. CONNOLLY of Virginia, and Mr. of Tennessee, Mr. MCINTYRE, and Mr. CHAN- BACHMANN, Mr. BROWN of South Carolina, WESTMORELAND. DLER. Ms. FALLIN, Mr. MARCHANT, Mr. DAVIS of USTRIA H.R. 3715: Mr. A . H. Res. 604: Mr. CONNOLLY of Virginia. Kentucky, Mr. LAMBORN, Mr. COFFMAN of H.R. 3756: Mr. BRALEY of Iowa, Mr. BOS- H. Res. 605: Mr. ENGEL. Colorado, Mr. AUSTRIA, Mr. FLEMING, Mr. WELL, Mr. HEINRICH, Mr. TEAGUE, Mr. COURT- H. Res. 613: Mr. BRADY of Pennsylvania. LUETKEMEYER, and Mr. MCCLINTOCK. NEY, and Mr. WALZ. H. Res. 615: Mr. KINGSTON. H. Res. 823: Ms. WOOLSEY, Mr. H.R. 3760: Mr. JOHNSON of Illinois, Mr. H. Res. 666: Mr. ARCURI. FALEOMAVAEGA, Mr. CARNAHAN, Mr. CASTLE, MARIO DIAZ-BALART of Florida, and Ms. H. Res. 704: Mr. DEAL of Georgia, Mr. RUSH, Mr. WEXLER, Mr. MEEKS of New York, Mr. GRANGER. Ms. SCHWARTZ, and Mr. BUTTERFIELD. INGLIS, Mr. PAYNE, Mr. GENE GREEN of Texas, H.R. 3761: Mr. JOHNSON of Illinois, Mrs. H. Res. 709: Ms. WASSERMAN SCHULTZ. Ms. JACKSON-LEE of Texas, and Mr. SIRES. LUMMIS, Mr. EHLERS, Mr. MCCOTTER, Mr. H. Res. 711: Ms. TSONGAS and Mr. HIMES. H. Res. 831: Mr. CAMP, Mr. FRANKS of Ari- SMITH of Nebraska, and Ms. GRANGER. H. Res. 747: Mr. NYE. zona, and Mr. COBLE. H.R. 3762: Mr. POLIS of Colorado. H. Res. 749: Mr. PUTNAM, Mr. BROUN of H.R. 3763: Mr. LEE of New York and Mr. Georgia, and Mr. GARRETT of New Jersey. f PAUL. H. Res. 759: Mr. PITTS, Ms. FALLIN, Mr. H.R. 3765: Mr. WILSON of South Carolina. COFFMAN of Colorado, Mrs. BACHMANN, Mr. H.R. 3771: Ms. LEE of California. SAM JOHNSON of Texas, Mr. PRICE of Georgia, DELETIONS OF SPONSORS FROM H.R. 3781: Mr. TEAGUE. Mr. AKIN, Mr. ISSA, Mr. BROWN of South PUBLIC BILLS AND RESOLUTIONS H.R. 3790: Mr. BRALEY of Iowa and Mr. AUS- Carolina, Mr. BISHOP of Utah, Mr. AUSTRIA, Under clause 7 of rule XII, sponsors TRIA. Mr. LUETKEMEYER, Mr. POSEY, Mr. HUNTER, were deleted from public bills and reso- H.R. 3791: Mr. ETHERIDGE, Mr. MASSA, and Mr. ROONEY, Mr. KING of Iowa, Mr. GOHMERT, Mr. NYE. Mr. COLE, Mr. KLINE of Minnesota, and Mr. lutions as follows: H.R. 3792: Mrs. CHRISTENSEN, Ms. DEGETTE, DAVIS of Kentucky. H.R. 1989: Mr. BARTLETT, Mr. LATTA, Mr. Ms. CASTOR of Florida, Mr. GENE GREEN of H. Res. 773: Mr. FORTENBERRY, Mr. DAVIS of BILBRAY, and Mr. SOUDER. Texas, Mr. MARKEY of Massachusetts, Ms. Tennessee, Mr. DICKS, and Mr. LATHAM. H.R. 3413: Mr. AL GREEN of Texas and Ms. SUTTON, Ms. MATSUI, Ms. SCHAKOWSKY, Mr. H. Res. 780: Mr. GRIJALVA, Mr. MCCAUL, JENKINS. INSLEE, Mr. GONZALEZ, Mr. BRALEY of Iowa, Mr. SCOTT of Virginia, Mr. FRANKS of Ari- H.R. 3612: Mr. SAM JOHNSON of Texas.

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RECOGNIZING HOLLAND MAYOR ST. JOHN LUTHERAN CHURCH including those who Mr. Keeton has cam- ALBERT ‘‘AL’’ MCGEEHAN FOR paigned for. In tribute to his outstanding efforts HIS MANY YEARS OF SERVICE HON. JOHN SHIMKUS for the Democratic Committees throughout the WITH THE HOLLAND CITY COUN- OF ILLINOIS Commonwealth of Massachusetts, I congratu- CIL IN THE HOUSE OF REPRESENTATIVES late Mr. Keeton on receiving this award. I know my colleagues will join me in paying trib- Thursday, October 15, 2009 ute to him today. HON. PETER HOEKSTRA Mr. SHIMKUS. Madam Speaker, I rise today to commemorate the 150th anniversary of St. f OF MICHIGAN John Lutheran Church in Dieterich, IL. HONORING THE SOUTH TEXAS IN THE HOUSE OF REPRESENTATIVES On January 1, 1860, 14 men signed the COUNCIL ON ALCOHOL AND constitution of St. John, a document that has DRUG ABUSE Thursday, October 15, 2009 continued to govern the church to this day. St. Mr. HOEKSTRA. Madam Speaker, I rise John is one of the oldest churches in the Cen- HON. HENRY CUELLAR here today to honor Holland Mayor Albert ‘‘Al’’ tral Illinois District of the Lutheran Church Mis- souri Synod. OF TEXAS McGeehan for his years of selfless service on I would like to congratulate the members of IN THE HOUSE OF REPRESENTATIVES the Holland City Council. St. John Lutheran Church for reaching this Thursday, October 15, 2009 Mayor McGeehan was born on Staten Is- milestone and wish them a blessed and joy- Mr. CUELLAR. Madam Speaker, land in New York Harbor in October 1944. He ous celebration as they mark 150 years of Whereas, the South Texas Council on Alco- first moved to Holland to attend Hope College. service to God and their community. hol and Drug Abuse was founded in 1990 by He graduated from Hope College in June of f a group of concerned citizens who wished to 1966 with a Bachelor of Arts degree in History RECOGNIZING JOHN KEETON address issues related to substance abuse; and a Michigan Secondary Teaching Certifi- and cate. HON. JAMES P. McGOVERN Whereas, October 15th is National Latino AIDS Awareness Day; and With his educational preparation and certifi- OF MASSACHUSETTS Whereas, Latinos represent 15% of the U.S. cation, Mayor McGeehan began a teaching IN THE HOUSE OF REPRESENTATIVES population, but make up 18% of new HIV in- career in the Holland Public Schools that Thursday, October 15, 2009 spanned five decades. fections; and Mr. MCGOVERN. Madam Speaker, I rise Whereas, Latino women are infected with In the summer of 2004, President George today in recognition of John Keeton of HIV at a rate of up to four times greater than W. Bush, while addressing a crowd of 15,000 Shrewsbury, Massachusetts. Mr. Keeton has other women; and Holland residents, shortened Mayor been an outstanding Democratic activist for Whereas, citizens from Hebbronville, Za- McGeehan to simply, Mayor ‘‘Al.’’ The title bet- more than twenty years throughout Worcester pata, Roma, Rio Grande established the ter suited the Mayor and stuck like glue. County. An attorney in the Worcester area, South Texas Council on Alcohol and Drug Mayor ‘‘Al’’ was first elected to city council Mr. Keeton’s devotion to the pursuit of justice Abuse 19 years ago as a nonprofit agency; in 1977 where he served four ‘‘four-year’’ has portrayed his passions of human rights, and terms as a Councilman-at-Large. He is now in social justice, and equality for all. In acknowl- Whereas, the agency was created out of a grant from the Texas Commission on Alcohol his eighth term as mayor of the city. edgement of his dedication, passionate be- liefs, and hard work, Mr. Keeton has been se- and Drug Abuse to develop a Statewide Initia- As a teacher, Al McGeehan served as Chair lected to receive the 2009 Eleanor Roosevelt tive Council for the four county regions con- of the Social Studies Department for Holland Humanitarian Award from the Shrewsbury sisting of Jim Hogg, Starr, Webb, and Zapata; Public Schools. Upon his retirement, he Democratic Town Committee. and worked as a morning radio talk show host for Raised in a family devoted to the ideals Whereas, the South Texas Council on Alco- WJQ 1260 AM. President Franklin Delano Roosevelt and El- hol and Drug Abuse was established to pro- For three years, Al represented the Michi- eanor Roosevelt espoused, John Keeton grew vide screening, assessment, referrals related to substance abuse, and education services to gan Municipal League as the League’s West up with and advocated for such beliefs throughout his career as an attorney and polit- the region for substance abuse; and Michigan Regional Coordinator. He has served ical activist. Mr. Keeton, along with his wife Whereas, the South Texas Council on Alco- on several committees of the Michigan Munic- Patricia, has been involved in campaigns for hol and Drug Abuse has expanded its services ipal League and the National League of Cities. prominent figures such as Governor Deval to include HIV prevention, treatment, and From 2006 to 2008, Mayor ‘‘Al’’ served con- Patrick and Hillary Clinton. I will be forever Voces Fronterizas—an HIV prevention and secutive terms as President of the Michigan grateful for his friendship over the years. intervention program from the CDC; and Association of Mayors. Throughout his distinguished career, John Whereas, the South Texas Council on Alco- The Mayor’s passion for studying and col- Keeton has been involved in both the hol and Drug Abuse has expanded their role lecting artifacts from the time of the American Westborough and Shrewsbury Democratic to encompass not only that of being a Clinical Civil War is well-known throughout Michigan Town Committees. Having distinguished him- Training Institute but also providing interven- and beyond. He has taught and lectured on self as the Chair of the Shrewsbury Town tion outreach studies to impoverished border the subject. He has authored a book and sev- Committee, Mr. Keeton not only presided over communities like the colonias; and eral magazine articles relating to the Civil War a period of great success for the committee, Whereas, the South Texas Council on Alco- but became widely recognized as a loyal and hol and Drug Abuse has served over 12,000 and he has been known to often occupy the committed Democrat in Worcester County. clients through HIV programs in the past 6 very best parking spaces at local antique John Keeton’s dedication to the principles of years; and shops. justice and Democratic ideals has worked to Whereas, the South Texas Council on Alco- Mayor Al has been married to his wife Mar- positively enhance Worcester County. His tire- hol and Drug Abuse has invested over sha for 45 years. less efforts and activism is admired by many, $1,000,000 annually on HIV programs; 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 Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00001 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25040 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 Be it hereby resolved, that Congressman IMMIGRATION LAWS WORK GASKIN CITY MISSIONARY HENRY CUELLAR, in representing the 28th Con- BAPTIST CHURCH gressional District of the State of Texas, hon- HON. LAMAR SMITH ors the contributions of the South Texas OF TEXAS HON. JOHN SHIMKUS Council on Alcohol and Drug Abuse for their IN THE HOUSE OF REPRESENTATIVES OF ILLINOIS exceptional service to South Texas commu- Thursday, October 15, 2009 IN THE HOUSE OF REPRESENTATIVES nities. Mr. SMITH of Texas. Madam Speaker, the Thursday, October 15, 2009 f New York Times once again misses the mark Mr. SHIMKUS. Madam Speaker, I rise today PERSONAL EXPLANATION with its latest immigration editorial, ‘‘Wrong to recognize Gaskin City Missionary Baptist Paths to Immigration Reform.’’ Church, which celebrated its 100th anniver- The Times wrongly suggests that the 287(g) sary this past August. HON. MICHAEL M. HONDA program should be used only for serious crimi- OF CALIFORNIA Pastor Andrew Yates and the congregation nals. IN THE HOUSE OF REPRESENTATIVES As one of the authors of the legislation that of 160 held its first service on August 21, Thursday, October 15, 2009 created 287(g), I can testify that Congress cre- 1909. Although the congregation is smaller today, its members still make an impact on Mr. HONDA. Madam Speaker, on Wednes- ated 287(g) to let state and local law enforce- ment officials help enforce all immigration both the local community and the mission field day, October 14th, I was unavoidably detained laws, not a select few. worldwide. Their commitment to service can due to official business at the White House When it comes to Sheriff Arpaio, the Times be seen in many ways, such as singing at and was not present for a number of roll call laments that his ‘‘raids use minor infractions local care centers and retirement homes and votes. like broken tail lights as pretexts for mass im- sending pens to Botswana that are used to Had I been present I would have voted: migration arrests.’’ copy chapters from the Bible. ‘‘Yea’’ on Rollcall 776, H.R. 1327, the Iran In fact, minor infractions can ensnare major I would like to congratulate the members of Sanctions Enabling Act of 2009. bad guys. As the Times itself reported in an- Gaskin City Missionary Baptist Church for ‘‘Yea’’ on Rollcall 777, H. Res. 816, mourn- other story, accused Dallas terrorist Hosam reaching this milestone and wish them a ing the loss of life caused by the earthquakes (Maher Husein) Smadi was pulled over for ‘‘a blessed and joyous celebration as they mark and tsunamis that occurred on September 29, broken tail light’’ before he was arrested for 100 years of service to God and their commu- 2009, in American Samoa and Samoa. terrorist activities. nity, both at home and around the world. ‘‘Yea’’ on Rollcall 778, H. Res. 786, com- This is a powerful reminder that enforcing f memorating the canonization of Father immigration laws against all those who violate Damien de Veuster, SS.CC. to sainthood. them can prevent crime. SCHWEITZER ENGINEERING LAB- ORATORIES CELEBRATES 25TH ‘‘Yea’’ on Rollcall 779, H.R. 3371, the Airline f Safety and Pilot Training Improvement Act of ANNIVERSARY 2009. RECOGNIZING THE AMERICAN RED CROSS OTTAWA COUNTY CHAP- f HON. CATHY McMORRIS RODGERS TER ON 100 YEARS OF WASHINGTON FORT MASSAC HON. PETER HOEKSTRA IN THE HOUSE OF REPRESENTATIVES Thursday, October 15, 2009 HON. JOHN SHIMKUS OF MICHIGAN OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES Mrs. MCMORRIS RODGERS. Madam IN THE HOUSE OF REPRESENTATIVES Thursday, October 15, 2009 Speaker, I rise today to recognize Schweitzer Engineering Laboratories (SEL) and its found- Mr. HOEKSTRA. Madam Speaker, I rise Thursday, October 15, 2009 er, Dr. Edmund O. Schweitzer III, on the 25th here today to congratulate Ottawa County’s Mr. SHIMKUS. Madam Speaker, I rise today anniversary of the lab’s first sale from its Red Cross on such a significant milestone— to mark the unveiling of a commemorative headquarters in Pullman, Washington. 100 years serving Ottawa County. mural at Fort Massac in Massac County, Illi- The American Red Cross of Ottawa County, From its first delivery to the Otter Tail Power nois. a humanitarian organization led by volunteers Company in Fergus Falls, MN in 1984, Fort Massac was built on the bank of the and guided by its Congressional Charter and Schweitzer Engineering Laboratories has Ohio River in 1757 by the French during the the Fundamental Principles of the International grown to provide a variety of power manage- French and Indian War. In 1794, during the Red Cross Movement, provides relief to vic- ment systems and automated networking de- Northwest Indian War, President George tims of disasters and helps people prevent, vices that are capable of withstanding extreme Washington ordered the fort be rebuilt. For the prepare for and respond to emergencies. electrical and weather conditions. Ed Schweit- next 20 years Fort Massac protected U.S. mili- The organization has helped people zer is a pioneer in the field of power protec- tary and commercial interests in the Ohio Val- throughout the world, but closer to home it has tion, having invented the first all-digital protec- ley. provided residents of Ottawa County with tre- tive relay. This device reduces the cost and In the fall of 1803, the Lewis and Clark Ex- mendous help, whether it is emergency relief, complexity of power protection. This digital pedition stopped and recruited two volunteers offering health and safety classes or assisting technology can respond in milliseconds to sys- at Fort Massac as they journeyed west. The active duty military personnel. tems faults and keep millions of customers Fort Massac site was designated a State Park It is rightfully proud of its record in pre- safely supplied with power. in 1908, becoming the first Illinois State Park. venting and relieving suffering, offering com- The spirit of entrepreneurship is alive and Every October, the Fort Massac Encamp- munity assistance and offering compassionate well in Eastern Washington. Today, SEL con- ment draws 80,000 visitors to re-create the services across the board. tinues to develop the next generation of en- lifestyles and atmosphere of the late 1700s. Most notably, it has facilitated in giving peo- ergy-efficient technologies and to promote As a part of this year’s celebration on October ple the gift of life through countless blood smart use of our nation’s natural resources. 17th and 18th, the Fort Massac Museum is drives every year. It is amazing that it is able The company is proud to be 100 percent em- unveiling a mural depicting a restored cabin to do all that it does with no taxpayer dollars, ployee-owned and to serve 126 countries, em- from the early 1800s. More than 100,000 visi- but by the generous donations of time, money ploying more than 2,000 people here at home tors are expected to attend the celebration to and blood. and around the world. take part in the mural unveiling. Moving into the next 100 years of dedication Madam Speaker, Schweitzer Engineering I want to congratulate the volunteers, sup- to Ottawa County, ongoing fundraising and Laboratories and Ed Schweitzer represent the porters, and everyone else who helped make community partnerships are crucial to the Red creative and bold nature of our country’s this mural and museum such a great success. Cross’s ability to serve. innovators and the trailblazing spirit of the In- I wish them my best as they open this new ex- Madam Speaker, I am proud to honor the land Northwest in particular. I ask my col- hibit to offer a glimpse into the fascinating his- American Red Cross Ottawa County on its leagues to join me in congratulating Schweit- tory of the United States and Illinois. celebration of a century of success. zer Engineering on twenty-five successful

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25041 years in business and in wishing them many ous celebration as they mark 125 years of sult, farmers are not only increasing their in- more successful, productive years to come. service to God and their community. comes and producing more food for their fami- f f lies, they are also playing a role in securing their nations’ food supply. HONORING MR. JERRY IN HONOR OF INTERNATIONAL Credit unions have also contributed to post- RASMUSSEN CREDIT UNION DAY conflict rebuilding of societies and economies in war-torn countries. WOCCU has been on HON. STEPHANIE HERSETH SANDLIN HON. BRAD SHERMAN the ground in Afghanistan since 2003, working OF SOUTH DAKOTA OF CALIFORNIA with communities at the grassroots level to IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES form the country’s first credit unions and rural Thursday, October 15, 2009 Thursday, October 15, 2009 financial system. Afghan credit unions are known as ‘‘Islamic investment and finance co- Ms. HERSETH SANDLIN. Madam Speaker, Mr. SHERMAN. Madam Speaker, I rise operatives’’ in order to comply with Islamic I want to take this opportunity to recognize Mr. today to recognize the importance and many lending practices. They are playing a powerful Jerry Rasmussen, Principal of Dakota Valley achievements of credit unions worldwide in role in communities, bringing together people High School in North Sioux City, South Da- celebration of the 61st annual International from different tribes to work together to fi- kota. Mr. Rasmussen was named South Da- Credit Union Credit Day. nance the individual needs of each other and kota High School Principal of the Year by the The difference credit unions make in the those of the community through reconstruction MetLife/National Association of Secondary United States by providing affordable and safe projects. In Helmand province, for example, School Principals, NASSP, National Principal financial services to many Americans of mod- access to credit provides poppy farmers with of the Year Program. This award recognizes erate means has been significant and widely the opportunity to start a new life by growing the achievements of secondary school prin- recognized. alternative crops such as paprika. This will cipals like Mr. Rasmussen who have suc- However, the contributions credit unions have an impact on the overall security and ceeded in providing high-quality learning op- have made on an international scale are stability of the region. portunities for students as well as dem- equally notable. Since the mid-1800s, credit As democratically owned and operated not- onstrating exemplary contributions to the pro- unions have established themselves in com- for-profit financial cooperatives, credit unions fession. munities around the world struggling with so- also contribute to the democratization of soci- Mr. Rasmussen has proudly devoted 21 cial dislocation, political unrest and economic eties. The one-member one-vote principle of years to education, including 10 years as an depression as a means to promote economic credit unions is often the first vehicle for local administrator. Mr. Rasmussen is most proud growth and democratic practices at the local expressions of democratic participation. In of his efforts to create a caring, student-cen- level. Today, more than 54,000 credit unions many countries, credit unions lead economic tered culture which permeates throughout the provide financial services to more than 186 democratization, a step closer to political de- community in North Sioux City. Mr. million members in 97 nations. mocratization by providing economic security Rasmussen’s devotion to the success and Credit unions make a difference on a global and sustainability and exposing lower-income well-being of all of his students and efforts to scale by providing access to affordable finan- communities to free-market principles and ensure that all are welcomed at school is an cial services for those who otherwise would democratic values that will help eradicate ter- example readily followed by his fellow teach- have been excluded from the financial sector. rorism at its roots. ers and staff. Such financial services include the provision of U.S. credit union members, staff and I send best wishes and congratulations to small savings and loans, which enable some leagues, along with CUNA and the United Mr. Rasmussen on this noteworthy honor and of the poorest individuals in the world to start States government, support the global work of commend him for his years of service as an their own microenterprises, improve household credit unions and WOCCU. Through educator in South Dakota. stability and stimulate growth in their commu- WOCCU’s International Partnerships Program, f nities. Credit unions are the largest source of 25 U.S. credit union leagues are matched with these microfinance services in countries as di- developing credit union movements overseas SAINT CECILIA’S CATHOLIC verse as Colombia, Kenya, Russia, Mexico, to encourage the direct transfer of technology, CHURCH 125TH ANNIVERSARY Thailand and Rwanda. skills and experience among peers across bor- Credit unions are also at the forefront of ex- ders. HON. JOHN SHIMKUS panding access to finance for people living in Madam Speaker, I ask you and my other OF ILLINOIS rural areas who can’t afford the time or money distinguished colleagues to join me in com- IN THE HOUSE OF REPRESENTATIVES it takes to visit a financial institution. Credit mending the work of credit unions, both do- unions are working with the World Council of Thursday, October 15, 2009 mestically and internationally, for providing Credit Unions (WOCCU) to introduce a variety vital financial services that improve the lives of Mr. SHIMKUS. Madam Speaker, I rise today of innovative technology solutions to bank the people demonstrating the greatest need to commemorate the 125th anniversary of St. unbanked in rural areas. In Mexico, credit around the world. By providing the world’s Cecilia’s Catholic Church in Bartelso, Illinois. union officers carry hand-held personal digital poor with the most basic financial services, In the mid-nineteenth century immigrants of assistant (PDA) devices to conduct financial credit unions help expand job opportunities, primarily German descent settled in the area. transactions with members in communities lo- improve local economies and promote democ- By 1880 there were about 75 Catholic families cated up to 90 minutes from the credit union racy. In short, credit unions offer a sustainable living in the vicinity, most of whom were mem- office. In Kenya, Peru and Mexico, point-of- development solution to some of the world’s bers of St. Boniface Church. However, flood- sale devices enable credit unions to partner poorest countries, and this is the ‘‘credit union ing of the Kaskaskia River and Shoal Creek with local merchants in rural areas, allowing difference.’’ made the roads leading to St. Boniface vir- members to deposit and withdraw money from f tually impassable. their credit union accounts. Finally, mobile In 1884, St. Cecilia’s Catholic Church was banking capabilities in Mexico will enable COMMEMORATING THE 90TH ANNI- built to better accommodate the area’s fami- members to check their balances and transfer VERSARY OF THE SAINT BENE- lies. Building supplies were hauled from the funds without leaving their homes. DICT PAROCHIAL SCHOOL IN surrounding area to the construction site by In addition, credit unions throughout the RICHMOND, VIRGINIA horse-drawn wagons. The project culminated world are filling the agricultural lending gap in the beautiful church that is still one of the that has kept the vast majority of small farm- HON. ERIC CANTOR finest in Southern Illinois. The town of Bartelso ers stuck in low-production, low-return cycles. OF VIRGINIA flourished with the new attention that St. In countries such as Peru, Kenya and Colom- IN THE HOUSE OF REPRESENTATIVES Cecilia’s brought. bia, credit unions are taking an integrated, I would like to congratulate the members of value-chain approach to financing that in- Thursday, October 15, 2009 St. Cecilia’s Catholic Church for reaching this cludes access to agricultural training and mar- Mr. CANTOR. Madam Speaker, I rise today milestone and wish them a blessed and joy- kets for farmers to sell their products. As a re- to commemorate the 90th anniversary of the

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25042 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 Saint Benedict Parochial School in Richmond, HONORING THE 50TH ANNIVER- and ask my colleagues to join me in congratu- Virginia. SARY OF CROCKER MIDDLE lating its residents on the city’s 50th Birthday. Saint Benedict Parochial School has been SCHOOL I am proud to represent this unique city—aptly serving the Richmond area since 1919 when characterized by its motto, the ‘‘Model City’’— it opened on the corner of Grove and Belmont HON. JACKIE SPEIER as part of my 34th Congressional District of Avenues. Classes were temporarily held in the OF CALIFORNIA California. convent, which was moved just a few years IN THE HOUSE OF REPRESENTATIVES While we honor the city’s 50 years of official later to make room for the proposed school Thursday, October 15, 2009 incorporation, the exciting story of the found- building. An addition to the school was built in ing and growth of one of Southern California’s Ms. SPEIER. Madam Speaker, this year leading industrial cities dates back to 1810 1949 after an increasing number of students marks the 50th Anniversary of William H. outgrew the existing school. when a humble Spanish soldier acquired a Crocker Middle School in Hillsborough, Cali- Spanish land grant that included the present- Today, Saint Benedict Parochial School fornia. day City of Commerce. continues to offer a traditional education in a Crocker Middle School has been recognized The city’s industrial roots began to take hold faith-filled environment to both elementary and as a California Distinguished School seven from 1871 to 1912 when the land’s then- middle school students. Along with language times, most recently in 2007, and is one of owner, Arcadia Bandini, leased the property to arts, mathematics, social studies and science, only three schools in the entire nation to be the railroads and other developers—a move religion is also taught as one of the core sub- awarded a National Blue Ribbon for Sec- that would make the landowner one of the ject areas. In fact, the school motto is Ut in ondary Schools on four occasions. Among the wealthiest women in California. Omnibus Glorificetur Deus, or in other words, school’s many other rewards, in 1993, Crocker One of the first industrial manufacturing ‘‘So that in all things God may be glorified!’’ was named to the Royal Swedish Academy of plants established in the area was a brickyard, In addition to concentrating on their edu- Engineering Science’s ‘‘Top Five World Class the 350 acre Simons Company Plant No. 3. cation, Saint Benedict students spend count- Schools.’’ The bricks were used to construct Royce Hall less hours serving the community. Once a Crocker Middle School has served the com- at UCLA, Disney Studios in Burbank and to month, students prepare and deliver bagged munity by constantly reviewing and improving rebuild San Francisco after the 1906 earth- lunches to the homeless. They also collect its curriculum and continually striving for aca- quake. canned food for the Central Virginia Food demic excellence. The newest addition to the During the Roaring 20s, Commerce grew Bank, and have worked to raise money for or- Crocker campus is a building housing a state- from a region of rural farms crisscrossed with ganizations like the St. Jude Children’s Re- of-the-art studio for Hillsborough Television a few roads and rail lines into a rail and trans- search Hospital as well as a school in the (HTV), band and music instruction rooms, a portation center and a promising location for greater Richmond area that was facing the lecture hall modeled after facilities at Harvard heavy industry close to Downtown Los Ange- possibility of closing. University, and much needed classrooms. This les. During the following decades, Goodyear completed a ten year Hillsborough School Dis- Madam Speaker, I ask you to join me in Tire and Rubber Company, B.F. Goodrich, trict renovation project. U.S. Rubber, the East Los Angeles Rail Sta- recognizing Saint Benedict Parochial School Madam Speaker, William H. Crocker Middle as it celebrates its anniversary and wishing tion, Chrysler Corporation, Ford and U.S. School has educated my own children, Jack- Steel located manufacturing plants in Com- the students and staff the best in their future son and Stephanie, so I can vouch first-hand endeavors. merce and solidified the city’s reputation as an to its excellence and the caring and passion of industrial center. its incredible staff. In addition to strong aca- Commerce remained both a rural and indus- f demic programs in English, mathematics, trial area until the late 1950s when the con- science, social studies, foreign language, and struction of the Long Beach and Santa Ana HONORING HENRY J. ‘‘CHIP’’ physical education, Crocker offers electives in SCHIRESON freeways ushered in a post-war era of rapid the arts and personal development skills such suburbanization. As the community grew, resi- as leadership and public speaking. dents determined to avoid higher property HON. JIM GERLACH The entire Crocker School family believes taxes and improve city services established strongly that its role is to help each child build the Citizens Committee for Incorporation with OF PENNSYLVANIA a foundation that will serve her or him for their the help of local business leaders. On January entire life. Every aspect of its educational cur- IN THE HOUSE OF REPRESENTATIVES 28, 1960, the community was granted a certifi- riculum is designed to build a close, caring cate of incorporation and became the 67th city Thursday, October 15, 2009 community in which every child and every in Los Angeles County. adult is recognized and respected. Fifty years later, the City of Commerce is Mr. GERLACH. Madam Speaker, I rise Madam Speaker, I am proud to be a William still flourishing. It is a diverse community of today to recognize the Honorable Henry J. H. Crocker Middle School parent and I salute more than 13,000 people and 1,700 busi- ‘‘Chip’’ Schireson who is completing his 25th Crocker’s longtime principal, Janet Chun, who year of dedicated public service as a Magiste- nesses. has been a beacon of expanded learning that To keep up with the changing times, the city rial District Judge in Lower Merion, Mont- includes a strong community service compo- gomery County, Pennsylvania. successfully brought about the diversification nent. She follows in the impressive footsteps and transformation of the city’s industrial base While efficiently administering a court that of her predecessors, Fred Schwartz, Carl Zon, throughout the 1970s and 80s. Today, the city averages 1,000 filings each month, Judge Marilyn Loushin Miller, Dan Kreuzer and Larry maintains much of its manufacturing and Schireson has made a tremendous commit- Raffo, all of whom deserve our recognition goods-distribution base while successfully con- ment to positively impacting the youth in the and our gratitude. I congratulate everyone in verting former industrial land to lucrative com- community. His efforts include establishing an the Crocker community for half a century of mercial uses like the Citadel outlet mall, which innovative and award-winning public service academic and community achievement. occupies the site of the U.S. Rubber tire fac- program at Bryn Mawr Hospital, which allows f tory. juvenile offenders to serve others to avoid a A TRIBUTE IN RECOGNITION OF The city, however, retains its small town ap- criminal record. That is just one example of THE CITY OF COMMERCE’S 50 peal by providing an unmatched range of pro- how Judge Schireson utilizes creative sanc- YEAR ANNIVERSARY grams and services. The city operates an tions to change the attitudes of offenders and, award-winning library system, four city parks, in some cases, help turn around lives. HON. LUCILLE ROYBAL-ALLARD a fare-free public transit service and a camp in Madam Speaker, I ask that my colleagues OF CALIFORNIA the San Bernardino Mountains. join me today in recognizing the Honorable Through the city’s commitment to providing IN THE HOUSE OF REPRESENTATIVES Henry J. ‘‘Chip’’ Schireson as he celebrates recreational opportunities to area youth, the this memorable milestone and honor his ex- Thursday, October 15, 2009 city takes pride in producing numerous state traordinary dedication to making Lower Merion Ms. ROYBAL-ALLARD. Madam Speaker, I and national champions, including two mem- a great place to live, work and raise a family. rise today to recognize the City of Commerce bers of the 2008 Olympic Silver Medal United

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BARBARA LEE sions from trains, trucks and stationary the Lady Dragons remained steadfast through- OF CALIFORNIA sources of air pollution and is in the process out the tournament weekend and shot an im- IN THE HOUSE OF REPRESENTATIVES of building a Liquid Natural Gas/Compressed pressive two-day total of 113-over par to win Thursday, October 15, 2009 Natural Gas fueling station for eco-friendly ve- the tournament by six shots. hicles. Ms. LEE of California. Madam Speaker, I The City of Commerce will mark its 50th To reach the state championship tour- rise today to honor the 100th Year Anniver- Birthday in 2010 with a series of community nament, the Lady Dragons won the 4th Re- sary of the City of Oakland’s Office of Parks events throughout the year, including its an- gion Title on September 29, 2009, in a two- and Recreation (OPR). On July 25th, at an nual Cake Cutting, July 4th Celebration, Miss hole playoff, defeating Glasgow High School, Old Fashion Community Celebration at Commerce Pageant, and Summer Safety Fair. the defending state champion. deFremery Park, local families, sports enthu- I am honored to recognize this historic mile- The Lady Dragons’ performance is a testa- siasts and nature lovers celebrated what has stone in this city’s rich history. ment to their hard work and dedication. I want been accomplished in one century: 100 parks, Madam Speaker, I ask my colleagues to join to congratulate team members Sydney Agee, 2,500 acres of open space, 26 recreation and me in celebrating Commerce’s first 50 years Cassidy Scantland, Leah Rose Judd, Olivia community centers, and the innumerable re- as this vibrant community continues to live by Parrott, Sydney Smith, and Kate Larimore and warding activities Oakland residents enjoy be- its motto the ‘‘Model City’’ and work toward a Coach Rick Davis and wish them nothing but cause of them. prosperous future. the best in their future endeavors. In 1909 both the Playground and Park Com- f missions were formed. During the Playground Commission’s first meeting, they allocated f TESTIMONIAL ON SUSAN G. $600 for a vacation program at two school KOMEN RACE FOR THE CURE HONORING THOMAS AND THELMA grounds and established a Playground Divi- FOUNDATION AND BREAST CAN- ZEKOS sion under the Department of Public Works. CER AWARENESS MONTH One year later, the first municipal playgrounds opened at the deFremery, Bushrod and HON. HENRY E. BROWN, JR. HON. JAMES P. McGOVERN Bayview sites. The City also issued a million- OF SOUTH CAROLINA dollar bond to purchase lands around Lake OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Merritt. IN THE HOUSE OF REPRESENTATIVES Today, we recognize the true worth of those Thursday, October 15, 2009 initial investments. In addition to offering recre- Mr. BROWN of South Carolina. Madam Thursday, October 15, 2009 ation services in athletics, science, art, Speaker, I stand today as a proud cosponsor aquatics, boating, gardening, music, and cul- of a resolution honoring Nancy Goodman Mr. MCGOVERN. Madam Speaker, I rise ture, Oakland’s parks help foster a sense of Brinker, founder of the Susan G. Komen for today in honor of my good friends the late community ownership. One OPR motto, ‘‘Play the Cure Foundation. Thomas and Thelma Zekos of Shrewsbury, with a Purpose,’’ illustrates an important point. This October marks the 25th anniversary of Massachusetts. Mr. and Mrs. Zekos inspired It reminds us that healthy, outdoor play is an National Breast Cancer Awareness Month and those that knew them, dedicating their service essential part of our wellbeing and personal the 27th anniversary of Komen for the Cure. to the advancement of the local community. In growth. In the Palmetto State, breast cancer occurs acknowledgement of their devotion and com- Over the last 100 years, Oakland Parks in over five thousand women a year and kills mitment to the Shrewsbury Democratic Town have transformed, mirroring the rich culture over one thousand, but according to the Amer- Committee, the annual Eleanor Roosevelt Hu- and history of the surrounding community: In ican Cancer Society, these numbers have manitarian Awards are being dedicated in their 1932, Oakland’s first Municipal Rose Garden been falling since the 1990s. memory. opened its doors; the deFremery recreation However, there is always more to be done Tom and Thelma were proud to make center housed servicemen in December of and we can all get involved in promoting Shrewsbury their home knowing it was an ex- 1941, nine days after the Pearl Harbor at- breast cancer awareness. cellent place to raise a family. They wanted tacks; a camp for children with disabilities and This Sunday is the 16th Annual Komen the best for their children and instilled in them a Senior Citizen program were created in Lowcountry Race for the Cure in Charleston, strong values and believed a quality education 1948, and ten years later, the award-winning and I congratulate our local affiliate staff, Lind- was absolutely essential. Their formula for a Arroyo Viejo Children’s Theater opened, but say Wiltshire, Michelle Temple, Lucy Spears, bright and successful future was to work hard succumbed to fire in 1970. Taffy Tamblyn and Patricia Simon for their and play by the rules. There have been Japanese Gardens, golf hard work organizing this event. courses, children’s folk dance festivals and Mr. and Mrs. Zekos were inspiring and im- Their efforts bring us all closer to the ulti- choruses. Children’s Fairyland, visited by Walt passioned Democrats. They believed their mate goal of a world without breast cancer Disney while he developed his Disneyland family would be best served by supporting and we are very proud of them and all of their concept, was the first theme park in the nation candidates who espoused Democratic prin- efforts in the First District. designed for small children. But, during inevi- ciples. Throughout their 50 years of marriage, f table change, one constant has remained: they worked tirelessly for an array of Demo- Oakland Parks’ steadfast accessibility to peo- A TRIBUTE TO GREEN COUNTY cratic candidates. They always went the extra ple of all ages, abilities and interests. HIGH SCHOOL LADY DRAGONS mile. I will be forever grateful to them for their The variety and scope of Oakland Parks’ GOLF TEAM support and friendship over the years. community participation is vast. For example, Tom and Thelma Zekos’s dedication and OPR recreation centers host Radical Roving HON. BRETT GUTHRIE commitment to a strong work ethic and moral Recreation programs that provide social, OF KENTUCKY values made an impact on our community. In health and life skills development for under- IN THE HOUSE OF REPRESENTATIVES tribute to their outstanding service to the com- served young people. The Golden State War- munity of Shrewsbury and to the Democratic riors basketball team Makin’ Hoops Program Thursday, October 15, 2009 Party, I am proud to honor the memory of helps to renovate basketball courts and pro- Mr. GUTHRIE. Madam Speaker, I rise today Tom and Thelma with the dedication of the El- vides athletic services. On a national scale, to honor the Green County High School Lady eanor Roosevelt Humanitarian Awards to the U.S. Olympic Trials for canoe and kayak Dragons Golf Team on their outstanding per- them. I know all my colleagues will join me in flatwater sprint were held at Lake Merritt in formance this season. paying tribute to them both today. 2004.

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This year, Lakeside Gardens also cele- CLEAVER, Congressman from Missouri’s Fifth Do you remember the sounds? Where else brates its 50th anniversary and OPC intends Congressional District, sponsored a remark- could you stand outside a bunker and listen to return the gardens to their original splendor. able event at the Truman Library. This event to the cacophonous mix of Jimi Hendrix, Oakland has much to look forward to as the Merle Haggard and Jefferson Airplane? Or was in honor of those who fought in the Viet- how about the sounds of incoming? Remem- Office of Parks and Recreation continues its nam War in the late 1960s and early 1970s. ber it wasn’t a boom like in the movies but commitment to beautify the city and engage Well over 1,000 veterans attended. The Hon- a horrifying noise like a passing train fol- park visitors in a shared civic pride. orable DENNIS MOORE, Congressman from lowed by a crack and the whistle of flying I am confident that exciting partnerships and Kansas’s Third Congressional District, spoke, fragments. Remember the smells? The sharp- programs such as these will continue to thrive and yours truly had an opportunity to deliver a ness of cordite, the choking stench of rotting under the guidance of OPR’s excellent leader- message of gratitude to the Vietnam veterans jungle and the tragic sweet smell of enemy ship. In the next 100 years, the City of Oak- present. The keynote speaker was Major Gen- dead . . . I remember the touch, the wet, sticky sen- land, partnering with the Office of Parks and eral (Ret.) Robert H. Scales, former com- Recreation, will continue to encourage com- sation when I touched one of my wounded mandant of the U.S. Army War College. His soldiers one last time before the medevac munity values, physical activity and personal address was very well received by the vet- development through the beauty of its open rushed him forever from our presence but erans in the audience. The address is as fol- not from my memory, and the guilt I felt re- spaces. lows: alizing that his pain was caused by my inat- f [Sept. 12, 2009] tention and my lack of experience. PERSONAL EXPLANATION TRUMAN LIBRARY SPEECH Even taste is a sense that brings back memories. Remember the end of the day (By MG (Ret.) Robert H. Scales) after the log bird flew away leaving mail, C HON. BILL SHUSTER Mr. Skelton, Mr Cleaver, distinguished rations and warm beer? Only the first ser- guests and, most importantly, fellow vet- OF PENNSYLVANIA geant had sufficient gravitas to be allowed to erans. What a great thrill it is see my com- IN THE HOUSE OF REPRESENTATIVES turn the C ration cases over so that all of us rades in arms assembled here so many years could reach in and pull out a box on the Thursday, October 15, 2009 after we shared our experiences in war. unlabeled side hoping that it wasn’t going to Let me give you the bottom line up front: Mr. SHUSTER. Madam Speaker, on rollcall be ham and lima beans again. I’m proud I served in Vietnam. Like you I Look, forty years on I can forgive the guy Nos. 775, 776, 777, 778, and 779, I was not didn’t kill innocents, I killed the enemy; I who put powder in our ammunition so foul present due to a family commitment in Penn- didn’t fight for big oil or for some lame con- that it caused our M–16s to jam. I’m OK with sylvania. Had I been present, I would have spiracy I fought for a country I believed in helicopters that arrived late. I’m over artil- voted ‘‘yea’’ on 775, ‘‘yea’’ on 776, ‘‘yea’’ on and for the buddies who kept me alive. Like lery landing too close and the occasional 777, ‘‘yea’’ on 778, and ‘‘yea’’ on 779. you I was troubled that, unlike my father, I canceled air strike. But I will never forgive didn’t come back to a grateful nation. It f the Pentagon bureaucrat who in an incred- took a generation and another war, Desert ibly lame moment thought that a soldier A TRIBUTE TO JUDGE GARLAND Storm, for the nation to come back to me. would open a can of that green, greasy, ge- HOWARD Also like you I remember the war being 99 percent boredom and one percent pure abject latinous goo called ham and lima beans and terror. But not all my memories of Vietnam actually eat it. HON. BRETT GUTHRIE are terrible. There were times when I en- But to paraphrase that iconic war hero of OF KENTUCKY joyed my service in combat. Such sentiment our generation, Forrest Gump, ‘‘Life is like a IN THE HOUSE OF REPRESENTATIVES must seem strange to a society today that case of C Rations, you never know what you’re going to get.’’ Because for every box Thursday, October 15, 2009 has, thanks to our superb volunteer mili- tary, been completely insulated from war. If of ham and lima beans there was that rap- Mr. GUTHRIE. Madam Speaker, I rise today they thought about Vietnam at all our fel- turous moment when you would turn over to honor Former Daviess Circuit Judge Gar- low citizens would imagine that fifty years the box and discover the bacchanalian joy of land Howard, a true Kentuckian. Mr. Howard would have been sufficient to erase this un- peaches and pound cake. It’s all a metaphor is well-known in the Owensboro community as pleasant war from our consciousness. Look- for the surreal nature of that war and its a valued leader, visionary and hard-worker. ing over this assembly it’s obvious that the small pleasures . . . those who have never Mr. Howard, who had been Daviess County memory lingers, and those of us who fought known war cannot believe that anyone can find joy in hot beer and cold pound cake. But Master Commissioner since 1985, was ap- in that war remember. The question is why? If this war was so ter- we can . . . pointed to the circuit judgeship by Governor Another reason why Vietnam remains in Paul Patton in 1995. rible why are we here? It’s my privilege today to try to answer that question not our consciousness is that the experience has His passion and love for the Ohio River was only for you, brother veterans, but maybe made us better. Don’t get me wrong. I’m not expressed through his development projects, for a wider audience for whom, fifty years arguing for war as a self improvement which inspired and led the way for growth and on, Vietnam is as strangely distant as World course. And I realize that war’s trauma has expansion in Owensboro. War One was to our generation. damaged many of our fellow veterans phys- Even though Mr. Howard gave so much of Vietnam is seared in our memory for the ically, psychologically and morally. But re- himself to his community, the love he gave to same reason that wars have lingered in the cent research on Post Traumatic Stress Dis- his wife Mary Ann and to his children was un- minds of soldiers for as long as wars have order by behavioral scientists has unearthed been fought. a phenomenon familiar to most veterans: paralleled. Mr. Howard passed away on Octo- that the trauma of war strengthens rather ber 7, 2009. Our thoughts and prayers are From Marathon to Mosul young men and now women have marched off to war to learn than weakens us (They call it Post Trau- with the entire Howard family. that the cold fear of violent death and the matic Growth). We know that a near death Garland Howard will forever be remembered prospects of killing another human being experience makes us better leaders by in- by the amazing legacy he leaves behind heighten the senses and sear these experi- creasing our self reliance, resilience, self through the lives he touched, the projects he ences deeply and irrevocably into our souls image, confidence and ability to deal with created and the children who he taught by ex- and linger in the back recesses of our minds. adversity. Combat veterans tend to approach ample to be community leaders in their own After Vietnam we may have gone on to the future wiser, more spiritual and content right. thrilling lives or dull; we might have found with an amplified appreciation for life. We love or loneliness, success or failure. But our know this is true. It’s nice to see that the f experiences have stayed with us in brilliant human scientists now agree. IN RECOGNITION OF VIETNAM Technicolor and with a clarity undiminished I’m proud that our service left a legacy WAR VETERANS EVENT by time. For what ever primal reason war that has made today’s military better. Sadly heightens the senses. When in combat we see Americans too often prefer to fight wars sharper, hear more clearly and develop a with technology. Our experience in Vietnam HON. IKE SKELTON sixth sense about everything around us. taught the nation the lesson that war is in- OF MISSOURI Remember the sights? I recall sitting in herently a human not a technological en- IN THE HOUSE OF REPRESENTATIVES the jungle one bright moonlit night mar- deavor. Our experience is a distant whisper Thursday, October 15, 2009 veling on the beauty of Vietnam. How lush in the ear of today’s technology wizards that and green it was; how attractive and gentle firepower is not sufficient to win, that the Mr. SKELTON. Madam Speaker, on Sep- the people, how stoic and unmoved they were enemy has a vote, that the object of war tember 12, 2009, the Honorable EMANUEL amid the chaos that surrounded them. should not be to kill the enemy but to win

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25045 the trust and allegiance of the people and surgent yearning to buy his ticket to eter- a corner of heaven, probably around a per- that the ultimate weapon in this kind or war nity by killing the infidel. No difference. Pa- petual lager where some day we can meet is a superbly trained, motivated, and triotism and a paycheck may get a soldier and embrace . . . all of the band of brothers equipped soldier who is tightly bonded to his into the military but fear of letting his bud- throughout the ages to tell our stories while buddies and who trusts his leaders. dies down gets a soldier to do something that envious standers-by watch and wonder how I’ve visited our young men and women in might just as well get him killed. horrific and incendiary the crucible of vio- Iraq and Afghanistan several times. On each What makes a person successful in Amer- lence must have been to bring such a dis- visit I’ve seen first hand the strong connec- ica today is a far cry from what would have parate assemblage so close to the hand of tion between our war and theirs. These are made him a success in the minds of those as- God. worthy warriors who operate in a manner re- sembled here today. Big bucks gained in law Until we meet there thank you for your markably reminiscent of the way we fought or real estate, or big deals closed on the service, thank you for your sacrifice, God so many years ago. stock market made some of our countrymen bless you all and God bless this great na- The similarities are surreal. Close your rich. But as they have grown older they now tion.... eyes for a moment and it all comes rushing realize that they have no buddies. There is f back . . . In Afghanistan I watched soldiers no one who they are willing to die for or who from my old unit, the 101st Airborne Divi- is willing to die for them. William Man- A TRIBUTE TO BERNHEIM FOREST sion, as they conducted daily patrols from chester served as a Marine in the Pacific dur- firebases constructed and manned in a man- ing World War II and put the sentiment pre- ner virtually the same as those we occupied cisely right when he wrote: ‘‘Any man in HON. BRETT GUTHRIE and fought from so many years ago. Every combat who lacks comrades who will die for OF KENTUCKY day these sky soldiers trudge outside the him, or for whom he is willing to die is not IN THE HOUSE OF REPRESENTATIVES wire and climb across impossible terrain a man at all. He is truly damned.’’ Thursday, October 15, 2009 with the purpose as one sergeant put it ‘‘to The Anglo Saxon heritage of buddy loyalty kill the bad guys, protect the good guys and is long and frightfully won. Almost six hun- Mr. GUTHRIE. Madam Speaker, I rise today bring home as many of my soldiers as I can.’’ dred years ago the English king, Henry V, to honor the Bernheim Forest and their recent Your legacy is alive and well. You should be waited on a cold and muddy battlefield to recognition from the Environmental Protection proud. face a French army many times his size. Agency. The timeless connection between our gen- Shakespeare captured the ethos of that mo- The Bernheim Forest Arboretum Visitors ment in his play Henry V. To be sure Shake- eration and theirs can be seen in the unity Center in Clermont, Kentucky won two of and fighting spirit of our soldiers in Iraq and speare wasn’t there but he was there in spirit Afghanistan. Again and again, I get asked because he understood the emotions that EPA’s Lifecycle Building Challenge awards for the same old question from folks who watch gripped and the bonds that brought together a professional building and for a building with soldiers in action on television: why is their both king and soldier. Henry didn’t talk the best greenhouse gas reduction. morale so high? Don’t they know the Amer- about national strategy. He didn’t try to jus- EPA’s Lifecycle Building Challenge recog- ican people are getting fed up with these tify faulty intelligence or ill formed com- nizes innovative green building ideas that re- wars? Don’t they know Afghanistan is going mand decisions that put his soldiers at such duce environmental and energy impacts. badly? Often they come to me incredulous a terrible disadvantage. Instead, he talked Reusing building materials assists the building about what they perceive as a misspent sense about what made English soldiers fight and what in all probably would allow them to industry in reducing more than 88 million tons of patriotism and loyalty. of building-related construction and demolition I tell them time and again what every one prevail the next day against terrible odds. of you sitting here today, those of you who Remember this is a monarch talking to his debris that are typically sent to landfills in the have seen the face of war, understand: it’s men: United States each year. not really about loyalty. It’s not about a be- This story shall the good man teach his son; The Bernheim Forest Arboretum Visitors lief in some abstract notion concerning war From this day ending to the ending of the Center incorporates the surrounding forest into aims or national strategy. It’s not even world, the building’s design. The staff and board at about winning or losing. On those lonely But we in it shall be remembered; the Bernheim Forest are committed to our nat- firebases as we dug through C ration boxes We few, we happy few, we band of brothers; ural environment and this visitor’s center is a and drank hot beer we didn’t argue the right- For he today that sheds his blood with solid example of that commitment. eousness of our cause or ponder the latest me shall be my brother; Construction of the center emphasized safe pronouncements from McNamara or Nixon or And gentlemen in England (or America) now Ho Chi Minh for that matter. Some of us a-bed materials made of biological nutrients, which might have trusted our leaders or maybe Shall think themselves accursed they were break down to safely return to forest soil, as not. We might have been well informed and not here, well as technical nutrients, which can be re- passionate about the protests at home or And hold their manhood’s cheap whiles any manufactured into new objects. maybe not. We might have groused about the speaks I congratulate the work of the individuals rich and privileged who found a way to avoid That fought with us upon Saint Crispin’s who made this building a reality and honor the service but we probably didn’t. We might day. staff and board at Bernheim Forest, whose have volunteered for the war to stop the You all here assembled inherit the spirit of passion for the environment make it possible spread of global communism or maybe we St. Crispin’s day. You know and understand for Kentuckians to connect with nature. just had a failing semester and got swept up the strength of comfort that those whom you in the draft. protect, those in America now abed, will f In war young soldiers think about their never know. You have lived a life of self TRIBUTE TO BRIAN BURKE buddies. They talk about families, wives and awareness and personal satisfaction that girlfriends and relate to each other through those who watched you from afar in this very personal confessions. For the most part country who ‘‘hold their manhood cheap’’ HON. JOHN CAMPBELL the military we served with in Vietnam did can only envy. OF CALIFORNIA not come from the social elite. We didn’t I don’t care whether America honors or IN THE HOUSE OF REPRESENTATIVES have Harvard degrees or the pedigree of po- even remembers the good service we per- litical bluebloods. We were in large measure formed in Vietnam. It doesn’t bother me Thursday, October 15, 2009 volunteers and draftees from middle and that war is an image that America would Mr. CAMPBELL. Madam Speaker, I rise to lower class America. Just as in Iraq today rather ignore. It’s enough for me to have the we came from every corner of our country to privilege to be among you. It’s sufficient to pay tribute to Mr. Brian Burke, Executive Vice meet in a beautiful yet harsh and forbidding talk to each of you about things we have President and General Manager of the Ana- place, a place that we’ve seen and experi- seen and kinships we have shared in the heim Ducks Professional Hockey Team from enced but can never explain adequately to tough and heartless crucible of war. 2005 to 2008. Mr. Burke is one of Orange those who were never there. Some day we will all join those who are County’s most dedicated, distinguished, and Soldiers suffer, fight and occasionally die serving so gallantly now and have preceded honorable citizens. Born in Providence, Rhode for each other. It’s as simple as that. What us on battlefields from Gettysburg to Wanat. Island, and raised in Edina, Minnesota, Brian brought us to fight in the jungle was no dif- We will gather inside a firebase to open a ferent than the motive force that compels case of C rations with every box peaches and resides with his wife Jennifer and has six chil- young soldiers today to kick open a door in pound cake. We will join with a band of dren: Katie, Patrick, Brendan, Molly, Mairin Ramadi with the expectation that what lies brothers to recount the experience of serving and Gracie. on the other side is either an innocent hud- something greater than ourselves. I believe In 2007, Mr. Burke guided the Anaheim dling with a child in her arms or a fanatic in- in my very soul that the almightily reserves Ducks to the first Stanley Cup Championship

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00007 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25046 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 in California history, and in 2008 he received various clubs and organizations, he still found ‘‘Bill’’ McCarthy, a U.S. Navy Veteran who was two outstanding honors: On June 6th, he was the time to serve his community. Michael was devoted to his family and friends. His leader- chosen by USA Hockey as General Manager a caring and kind young man who loved to ship and work on behalf of the American la- of the 2010 U.S. Olympic Hockey Team, and help those that were less fortunate. He read to borer continues to strengthen and protect on August 7th he was named a recipient of homeless children at a local shelter and was workers’ rights throughout the Cleveland com- the 2008 Lester Patrick Award for outstanding a talented video producer at his high school. munity. service to hockey in the United States. Burke Michael VonBehren was one of those rare Mr. McCarthy was born and raised in Cleve- is also the General Manager of the 2009 USA teenagers that crossed normal boundaries and land, Ohio, where he later raised his own fam- World Championships Team. surrounded himself with those that shared his ily. In 1956, he met and married the late Mar- Madam Speaker, Brian Burke is an Amer- interests and beliefs whether they were his garet J. Pawlak. Together they had four chil- ican citizen with a passion for supporting the peers or a fellow volunteer on the campaign dren: Marge, Kelly, William and Kevin. Their United States military. Mr. Burke organized a trail. There is no way of knowing what Michael children, ten grandchildren and great-grand- first-of-its-kind two-day event to support the would have done in the future. All that is sure daughter were the most important part of their families of active duty military personnel at the is that he would have made a difference in our lives. Honda Center in 2008. The event, which in- world. Michael was an exemplary student and Following his honorable discharge from the cluded Ducks’ players and their families, wel- citizen who showed others kindness and en- Navy, Mr. McCarthy began working as a meter comed ‘‘Operation Homefront’’—a non-profit thusiasm everyday of his life. reader with East Ohio Gas Company. He organization that provides emergency assist- Michael’s unfaltering commitment to fairness quickly ascended the union ranks to become ance and morale to our troops, the families and justice and his dedication to public service one of the most powerful and effective labor they leave behind, and injured soldiers upon greatly benefitted our community. In tribute to leaders in Cleveland. He represented thou- their return home. Brian also supported the his outstanding service to the community of sands of workers at East Ohio Gas, and led ‘‘Wounded Warriors Project,’’ a non-profit or- Shrewsbury, I am proud to honor the memory numerous strikes that won significant conces- ganization that assists severely wounded sol- of Michael Louis VonBehren with the dedica- sions in wages, benefits and safety improve- diers to transition back into life when they suf- tion of the Eleanor Roosevelt Humanitarian ments for workers. He was known for never fer from serious and traumatic injuries. To rec- Youth Award to him. I know all my colleagues giving up or backing down from what he be- ognize our Wounded Warriors and the United will join me in paying tribute to him today. lieved was just and right. Mr. McCarthy’s work States Marines, Brian Burke and the Anaheim f on labor issues extended throughout North- Ducks delivered the Stanley Cup for its first A TRIBUTE TO COLONEL CHARLES east Ohio, where he forged strong bonds with ever visit to Camp Pendleton in 2007. E. WILLIAMS, JR. labor leaders, elected officials and workers. Mr. Burke has also been very involved in He served as Chairman of the AFL–CIO, Orange County charities. He has served as a HON. BRETT GUTHRIE President of the Ohio Joint Council of the Board Member on the Board of Directors for OF KENTUCKY Service Employees International Union, vice- the Children’s Hospital of Orange County IN THE HOUSE OF REPRESENTATIVES president of Union Eye Care and as a board (CHOC) as well as supported and donated to member with the Cleveland-Cuyahoga County the Orangewood Children’s Foundation, Share Thursday, October 15, 2009 Port Authority. Ourselves and the Children’s Bureau. Brian Mr. GUTHRIE. Madam Speaker, I rise today Madam Speaker and colleagues, please join also promoted cancer awareness in the Or- to honor Colonel Charles E. Williams, Jr., who me in honor and remembrance of William J. ange County community by launching ‘‘Hockey has virtuously served the United States and ‘‘Bill’’ McCarthy, who had an unwavering devo- Fights Cancer’’ nights at Ducks’ games. the Commonwealth of Kentucky. tion to his family and country, and whose work I know Mr. Burke’s family is extremely proud Colonel Williams was commissioned as a on behalf of workers’ rights will continue to re- of his accomplishments, as am I. He has second lieutenant in 1986 upon his graduation inforce the labor foundation of the Cleveland worked tirelessly to improve his community from the U.S. Military Academy at West Point. community. I extend my heartfelt condolences and his efforts should be emulated by future During his career he has served both at home to Mr. McCarthy’s daughters: Marge and Kelly; community leaders. and overseas and as Military Aide to both his sons, William J. Jr. and Kevin; his ten Madam Speaker, I am proud to honor Mr. President Bill Clinton and President George grandchildren; his great-granddaughter; and Brian Burke today as an outstanding American W. Bush. his sister, Noreen. On October 1, 2007, Colonel Williams as- citizen and community leader. f sumed command of the U.S. Army Special f Missions Brigade at Fort Knox, Kentucky. As A TRIBUTE TO JACQUES HONORING MICHAEL LOUIS the Commander, he oversees the In-Service GUILLAUME VONBEHREN Recruiting of Special Operations, Warrant Offi- cers and Chaplains, as well as the Logistics HON. EDOLPHUS TOWNS HON. JAMES P. McGOVERN and Administrative Support for 1600 recruiting OF NEW YORK stations across the country. OF MASSACHUSETTS IN THE HOUSE OF REPRESENTATIVES Colonel Williams’ decorations are numerous. IN THE HOUSE OF REPRESENTATIVES Throughout his career he has been an inspira- Thursday, October 15, 2009 Thursday, October 15, 2009 tion and example to both soldiers and civilians Mr. TOWNS. Madam Speaker, I rise today Mr. MCGOVERN. Madam Speaker, I rise alike. He has represented his country proudly in recognition of Jacques Guillaume, MD, for today in honor of the late Michael Louis as a man of honor and a true patriot. his record of extraordinary service to New VonBehren of Shrewsbury, Massachusetts. At After years of dedicated service, Colonel York’s Tenth Congressional District. Michael’s young age he already symbolized Williams has decided to retire. I honor him Dr. Jacques Guillaume was born in Haiti, what we all hope to be. He actively exhibited today because of his dignified and steadfast studied both law and medicine at the State enthusiasm for academics, for community commitment to the citizens of this country and University of Haiti, then continued his studies service and for the Democratic Party. In ac- the Commonwealth of Kentucky. here in the United States. Here he has com- knowledgement of his commitment and dedi- f bined his twin passions—law and medicine— cation to the Shrewsbury Democratic Town IN HONOR AND REMEMBRANCE OF to address the inequalities of justice and the Committee, this year’s annual Eleanor Roo- WILLIAM J. MCCARTHY inadequacies of health care in low-income sevelt Humanitarian Youth Award is dedicated communities. Dr. Guillaume has also held sev- in his memory. eral managerial positions in the medical field, Michael VonBehren was an engaging young HON. DENNIS J. KUCINICH including Director of the Residency Training OF OHIO man who loved the democratic process. Mi- Program at the Catholic Medical Center, Di- IN THE HOUSE OF REPRESENTATIVES chael was a student at Shrewsbury High rector of OB/GYN at Mary Immaculate Hos- School where he was involved in clubs such Thursday, October 15, 2009 pital and St. Joseph. He currently serves as as Young Democrats, Political Action Group, Mr. KUCINICH. Madam Speaker, I rise the Chair of the Gynecology Department at and Model U.N. Although he was involved in today in honor and remembrance of William J. the Interfaith Medical Center.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00008 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25047 Dr. Guillaume is a recognized leader in the proud to announce that the award is going to also needs to know what the fishermen and OB/GYN community, publishing many articles not just one, but two individuals. Not only their industry has gone through in order to in peer-reviewed journals. He frequently ap- have they contributed to the fishing indus- bring this to them. I encourage you to visit try here in New Bedford, but their efforts the website at www.savingseafood.org. pears on television and radio programs to dis- have extended throughout New England. Richie lives in North Dartmouth, with his cuss health conditions. He clearly has a strong It’s not often that you find two people who wife Roberta, and their two lovely daugh- love of science and a real sense of justice. have come so far in a relatively short period ters, Sophia, and Noella. Raymond lives in Madam Speaker, I urge my colleagues to of time, and who have returned so much to Rochester with his wife Debbie and their two join me in recognizing Dr. Jacques Guillaume. the industry that they obviously care so children Cassie and Kyler. f much about. Their innovation and foresight It gives me great pleasure to present ‘‘The has not only proven to be a sound business Friend of the Fishing Industry Award’’ to PERSONAL EXPLANATION venture for them, but a boon and stabilizing two men whom I’m proud to have worked factor for the Greater New Bedford fishing with over the years, my friends; Raymond HON. MAZIE K. HIRONO fleet. It hasn’t stop there either, their for- and Richard Canastra. titude and determination now has extended f OF HAWAII to the ports of Gloucester and Boston. IN THE HOUSE OF REPRESENTATIVES They pioneered the concept of the open dis- A TRIBUTE TO JACK LEFKOWITZ Thursday, October 15, 2009 play auction here in New Bedford at a time and place when many of us doubted it could Ms. HIRONO. Madam Speaker, on rollcall succeed. In 1985 through 1986 the industry HON. EDOLPHUS TOWNS Nos. 775, 776, 777, 778, 779, had I been had gone through a traumatic strike that OF NEW YORK present, I would have voted ‘‘yea.’’ changed the way business had been done for IN THE HOUSE OF REPRESENTATIVES f many years. The New Bedford seafood auc- Thursday, October 15, 2009 tion ceased to exist, and a buyers auction ‘‘FRIENDS OF THE FISHING that replaced it, had also closed its doors. Mr. TOWNS. Madam Speaker, I rise today INDUSTRY’’ The industry was in turmoil, with little or in recognition of Jack Lefkowitz for his record no sense of balance that had existed for of extraordinary service to New York’s Tenth HON. BARNEY FRANK years before. The sale of a trip was as hard Congressional District. and as uncertain, as was the fishing trip Jack Lefkowitz is the President and Chief OF MASSACHUSETTS itself. Executive Officer of New York MedScan, pro- IN THE HOUSE OF REPRESENTATIVES They felt that an open display auction viding high quality diagnostic imaging services Thursday, October 15, 2009 could work and benefit the fishermen, and the port of New Bedford, and they set about in a comfortable hospital outpatient environ- Mr. FRANK of Massachusetts. Madam to prove it. It wasn’t easy, it never is trying ment. He greatly contributes to the quality of Speaker, I have never learned more in my life to convince people that there is a better way life for Brooklyn’s neediest patients, working than I have learned since 1992 when at the to do their business, business that they had through the organization Yad Ephraim to pre- vote of the Massachusetts Legislature, the city been doing in basically the same way for pare and deliver home-cooked meals tailored of New Bedford and the town of Fairhaven years. They have proven that they were to the needs of each patient. Mr. Lefkowitz were included in the congressional district I right, and the New Bedford fishing industry chairs Maskil El Dat, providing financial aid, has benefited greatly because of it. The auc- represent. These two communities together tion has provided stability to the sale of meals, transportation, babysitting, and emo- form the most successful fishing port in the fresh fish and scallops, along with the rec- tional support for impoverished Jewish fami- U.S., and that industry enriches New Bedford ognition that New Bedford is still the port to lies. I applaud Jack Lefkowitz’s philanthropic and the surrounding areas not just economi- go to for your best seafood. activities, contributing both professionally and cally but culturally and socially as well. Their efforts in beginning the auction and privately in our communities. One of the leaders in that industry is Jim the continued developments, have helped the Madam Speaker, I urge my colleagues to Kendall, a fisherman himself who has served port of New Bedford regain the title of the join me in recognizing Jack Lefkowitz. richest fishing port in the country, and con- in a number of important posts in helping pre- f tinues to help us maintain that distinction. serve that industry and protect it against ad- Recently they opened another display auc- CELEBRATING THE LIFE OF HAR- versity. tion in the port of Boston, that is attracting He recently wrote an eloquent introduction LEM’S BELOVED THORNTON J. fishing vessels to a port that was all but MEACHAM, JR., ESQ. A TRAIL- to the announcement of the Friend of the Fish- abandoned by the fishing industry. This is in ing Industry Award, which was presented to direct contradiction to what has been occur- BLAZER FOR AFRICAN-AMERI- two men to whom the Greater New Bedford ring elsewhere, with the devastating changes CANS, LAWYERS AND LEGAL Area is greatly indebted: Raymond and Rich- for other ports that have lost not only their PROFESSIONALS ard Canastra. auctions, but their fishing industries and These two brothers have, as Jim Kendall’s communities. Their involvement has deepened over the HON. CHARLES B. RANGEL statement points out, been extremely creative years with them becoming deeply involved OF NEW YORK in providing support for this industry. The work with the management process and fishery IN THE HOUSE OF REPRESENTATIVES they have done for the open display auction science. Working with, most notably, Drs. Thursday, October 15, 2009 confounded many skeptics who thought that it Brian Rothschild and Kevin Stokesbury from would never work, but their success in New the School for Marine Science and Tech- Mr. RANGEL. Madam Speaker, I rise with Bedford has in fact been so widely hailed that nology at the University of Massachusetts, great pride as I pay tribute to my dear friend it’s led to the recent opening of a similar facil- Dartmouth. They have also helped to orga- and life-long buddy, Thornton J. Meacham, Jr., ity in Boston, helping revive a fishing port that nize the fishermen not only here in New Bed- Esq., as we celebrate one of Harlem’s great- ford, but in Gloucester as well. had been declining to some extent. est legal advocates at the great Cathedral of What may turn out to be one of their most Riverside Church in Harlem today. As I speak Madam Speaker, I join Jim Kendall and oth- important innovations is the Project to Save ers in the fishing industry and subsidies in Seafood and Ocean Resources, along with its with profound honor and respect for my friend Massachusetts in thanking Ray and Richie associated website, Savingseafood.org. Thornton, I ascend to celebrate a life well-lived Canastra for their work and I ask that Jim At a time when information is king, pro- and to also remember the many legal profes- Kendall’s statement be printed here as an ex- viding factual and unadulterated informa- sional accomplishments of this remarkable ample of the kind of economic leadership indi- tion to the American public is crucial. There man. Thornton Meacham etched his name in viduals can provide to their community. is a desperate need to show the American history as a passionate and dedicated legal consumer the value of New Bedford seafood, OFFSHORE MARINERS advocate for all African-American lawyers and and the efforts that the New Bedford and legal professionals throughout this city and WIVES’ ASSOCIATION, New England fishermen have taken in order September 27, 2009. to provide them with healthy seafood. There Nation. INTRODUCTION OF 2009’S ‘‘FRIENDS OF THE is also a need to inform the consumer how Thornton’s death on October 4, 2009, FISHING INDUSTRY’’ we are striving to provide them their brought immense sorrow and loss to me, his This year’s award to the Friend of the healthy seafood in a safe and sustainable family, his friends, and to the countless lives Fishing Industry is a bit different as we are manner. The American consumer and public he touched over the years in our beloved

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00009 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25048 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 community. I am blessed to say that I was Thornton was a member of the Alpha Phi While working full time, Millie graduated able to have spent some time with Thornton Alpha Fraternity and the Williams Institutional Cum Laude from the University of San Fran- during his final days. As we said our good- Christian Methodist Episcopal Church in Har- cisco with a Bachelor of Arts degree. Millie byes, he left in my heart a reminder of all the lem. then began a respected career with the Ala- many exciting moments of his life and all of Meacham’s extraordinary accomplishments meda Naval Air Station where she earned nu- the good times we shared together. He was as a revered legal professional exemplified the merous awards, including the Meritorious Civil- undisputedly one of Harlem’s greatest lawyers, pioneering leadership of many through his ian Service Award, the highest honor given by largely responsible for blacks being admitted commitment and exemplary service to the the Navy to a civilian. At the time of her retire- to the New York Bar Association. This strong- legal community. He will long be remembered ment in 1996, Millie had contributed 27 years willed and exciting man represented Harlem in for his extraordinary commitment, humor, live- of service to the Navy and was a GM–13 Per- all of its glory, and we are all consumed by his liness, energy, wisdom, discipline, principle formance Review Division Head. passing. and clear purpose which won the admiration In the midst of many accomplishments, Thornton J. Meacham, Jr. was born on of all who were privileged to come to know Millie was quick to remind others that she was March 10, 1917 in Terrell, Arkansas as the and work with him during his distinguished ca- most proud of her children, Tony Bean, Kim- first son to Dr. Thornton J. Meacham and Lila reer. berly Perry, and Laurie Adams. Millie’s highest Celesta. His younger brother, Dr. Henry Wade Madam Speaker, I consider myself fortunate priority was to nurture and enjoy her extended Meacham, who also had an outstanding pro- to have had the opportunity to observe and family, which grew as her children married fessional career passed away in 2004. After experience his example as a personal inspira- their spouses and gave Millie and Dick five the family moved to Jackson, Tennessee, tion. Though Thornton is no longer with us, we beautiful grandchildren. will continue to keep his memory alive in our Thornton attended public school and grad- I have known Millie for many years. Her hearts and minds, and continue to honor his uated from Lane College. Upon his graduation generosity, her friendship and her beautiful legacy with our advocacy for the issues he from college, Thornton was accepted to attend smile will forever be etched in my heart. She cared about the most. law school at Harvard University, Columbia was a consistent supporter and encouraged University and New York University, but chose f me every step of the way. I cherished her to attend Fordham University, thus becoming HONORING MILDRED ROSS BEAN friendship and will miss her tremendously. the second African American to attend Ford- After retirement, Millie and Dick enjoyed ham University and the first to graduate from season tickets to the symphony and ballet, its Law School in 1942. HON. BARBARA LEE Just a few years ago, we all celebrated OF CALIFORNIA travel adventures in Europe and Asia, week- Thornton’s 66th Anniversary of his graduation IN THE HOUSE OF REPRESENTATIVES end getaways in Cannel, and a final vacation from Fordham Law School. He loved Fordham Thursday, October 15, 2009 to Hawaii that Dick will forever treasure. Millie’s joy for life was not only contagious, but Law and dedicated his entire life to helping Ms. LEE of California. Madam Speaker, I an invaluable lesson to her loved ones in young aspiring jurists succeed. rise today to honor the extraordinary life of times of uncertainty and doubt. Admitted to the Bar in 1943, Thornton set Mrs. Mildred Bean of Walnut Creek, California. the mark that raised the bar for all of us. He A proud wife, mother, grandmother, sister, and Always social and active, Millie kept a was the first Black attorney to join the legal friend. ‘‘Millie’’ was exemplary in her uncondi- monthly lunch date with friends and enjoyed staff of the Office of Price Stabilization on tional familial devotion, diligent work ethic, taking her grandchildren to the Nutcracker Bal- Broadway in New York; first to argue a case dedicated national service, and her love of let. Undoubtedly, the countless small and sub- before the United States Court of Appeals for arts and travel. With her passing on May 27, tle acts of love that Millie demonstrated in her the Second Circuit; first African American to 2009, we look to Millie’s family to remind us of lifetime will continue to be powerful gifts to the be featured on the cover of The New York her life’s journey and the joyful legacy she in- people she cherished most. Law Journal; first to try both criminal and civil spired. Today, California’s 9th Congressional Dis- cases in the Bronx and Queens County Mildred Ross was born on January 30, 1934 trict salutes and honors a great human being, Courts; and the first to open a law practice in in Sacramento, California. After graduating our beloved Millie Bean. We extend our deep- Harlem. high school, Millie began local secretarial work est condolences to Millie’s husband and fam- Thornton always spoke of his experiences in for the government. As her family fondly tells ily. Thank you for sharing her great spirit with the 1950s when the New York City Bar Asso- it, Millie’s long love story with Air Force officer us. May her soul rest in peace. ciation refused him membership due to his Richard ‘‘Dick’’ Bean began when he spotted race. During segregation, he tried and won her in a red party dress. The two were soon f cases in Florida, North Carolina, Virginia and married and embarked on a military career New Jersey. He represented Hulan Jack, Con- that would span the next two decades. PERSONAL EXPLANATION gressman Adam C. Powell, Dorothy Over the following ten years, Millie and Dick Dandridge, Louis Armstrong, Bessie raised their three young children on Long Is- HON. JOHN CONYERS, JR. Buchanan, Mile Davis, the NAACP and Carver land, New York’s Suffolk County Air Force National Bank—a legacy of history that makes Base. After a brief assignment in North Caro- OF MICHIGAN us all proud to be Americans. lina, the family moved to Clark Air Force Base IN THE HOUSE OF REPRESENTATIVES Thornton Meacham was Counsel to the law located in the Philippines. Thursday, October 15, 2009 offices of Assemblyman William T. Andrews, It was there that Millie and her family had Judge Harold Stevens and Attorney John the great joy of spending two years stationed Mr. CONYERS. Madam Speaker, on Octo- Briggs. He later became a Law Partner to together with her sister Laura Brown, Laura’s ber 14, 2009, I was unable to cast votes, due Judge Thomas Dickens. Thornton, along with husband Joe, and their four children. Millie to personal reasons. I was not present for roll- some of Harlem’s elite class of attorneys, co- also enjoyed her time abroad by cultivating a call votes 775 through 779. Had I been founded the Harlem Lawyers Association, love of travel. She and Dick were able to visit present, I would have casted a ‘‘yea’’ vote for which later merged into the Metropolitan Black Singapore, Bangkok, Saudi Arabia, India, final passage of H. Res. 768, Expressing sup- Bar Association. Spain, and Thailand during their time in South- port for the designation of the month of Octo- Thornton Meacham was a very active mem- east Asia. ber as ‘‘National Work and Family Month’’; ber of the National Bar Association (NBA) and The family eventually returned to California H.R. 1327, Iran Sanctions Enabling Act of was acknowledged as a legal dignitary by the for their last assignment on Travis Air Force 2009; H. Res. 816, Mourning the loss of life organization on several occasions. He was a Base. After Dick retired as an Air Force Lieu- caused by the earthquakes and tsunamis that recipient of the NBA Wiley A. Branton Issues tenant Colonel in 1973, the couple built their occurred on September 29, 2009 in American Award and in 1994, he was inducted into the dream home in Walnut Creek. When the Samoa and Samoa; H.R. 3371, Airline Safety prestigious National Black Association Hall of Bean’s two eldest children had left for college and Pilot Training Improvement Act of 2009 Fame, which recognizes lawyers who have and their youngest was a high school sopho- and H. Res. 786, Commemorating the canon- practiced for over 40 years and have made more, Millie returned to work and decided to ization of Father Damien de Veuster, SS.CC. significant contributions to the cause of justice. pursue a college degree herself. to sainthood.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00010 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25049 A TRIBUTE TO EDOUARD On behalf of the entire House community, A BIRTHDAY TRIBUTE TO DR. GUILLAUME we extend congratulations to Jeff for his many MELVIN E. BANKS, FOUNDER OF years of dedication and outstanding contribu- URBAN MINISTRIES, INC. HON. EDOLPHUS TOWNS tions to the United States House of Rep- OF NEW YORK resentatives. HON. BOBBY L. RUSH OF ILLINOIS IN THE HOUSE OF REPRESENTATIVES f Thursday, October 15, 2009 IN THE HOUSE OF REPRESENTATIVES WALTER YENT, JR. Thursday, October 15, 2009 Mr. TOWNS. Madam Speaker, I rise today in recognition of Edouard Guillaume, MD, for HON. C.A. DUTCH RUPPERSBERGER Mr. RUSH. Madam Speaker, today it is my his record of extraordinary service to New distinct honor and privilege to rise to acknowl- OF MARYLAND York’s Tenth Congressional District. edge and congratulate one of my state’s un- Dr. Edouard Guillaume was born in IN THE HOUSE OF REPRESENTATIVES sung jewels. Seventy-five years ago today, on Gonaives, Haiti, studied medicine at the Uni- Thursday, October 15, 2009 October 15, 1934, Melvin E. Banks was born versity Hospital of Haiti, and completed his for- Mr. RUPPERSBERGER. Madam Speaker, I into this world in the, then, relatively small mal training in Internal Medicine at Mount rise before you today to honor the life of Wal- town of Birmingham, Alabama. From his hum- Sinai Hospital in Chicago, Illinois and Tulane ter Yent, Jr. for his exceptional service to our ble beginnings in the segregated South, University in New Orleans, Louisiana. He cur- country and devotion to his family and friends. through hard work, perseverance and an abid- rently focuses on hematology and oncology. Born and raised in Baltimore, Maryland, ing faith in God, today, Melvin Banks presides Dr. Guillaume today heads Interfaith’s ac- Walter Yent, Jr. enlisted in the Army on March over the strong and thriving Urban Ministries, claimed Comprehensive Sickle Cell Program, 6, 1944. A World War II Veteran, Mr. Yent Inc., the largest independent African Amer- where he is well known as a ‘‘pain specialist’’. was awarded the Purple Heart, the Combat In- ican-owned Christian publishing company in He was honored by the Sickle Cell Thalas- fantryman Badge, the European-African-Mid- the United States. UMI is located in Calumet City, Illinois, and semia Patients Network (SCTPN) in 2005 for dle Eastern Campaign Medal, two Bronze this global, family-operated business is a vital his dedicated and distinguished service to pa- Stars, and the Army of Occupation Medal with part of our state’s thriving, south suburban tients affected with the disease. Germany clasp, in addition to many other community. With all of the accolades and ac- Madam Speaker, I urge my colleagues to medals for his outstanding service as a mem- complishments that Dr. Melvin Banks has join me in recognizing Dr. Edouard Guillaume. ber of the Armed Services. rightfully earned over the years, I stand here, f Upon his discharge from the Army in Janu- tonight, Madame Speaker, simply proud to call ary 1950, Mr. Yent returned to his hometown THANKING PEYTON JEFF JACKSON him my friend. of Baltimore where he enjoyed spending time FOR HIS SERVICE TO THE HOUSE Melvin Banks’ life story is uniquely Amer- with those he loved most, his family and ican. He often tells the story of discovering his friends. faith in his Lord and Savior, Jesus Christ, at HON. ROBERT A. BRADY Madam Speaker, I ask that you join with me the age of 12. Even at that young age, his OF PENNSYLVANIA today to honor the life of Walter Yent, Jr. His sense of faith and guidance was so strong IN THE HOUSE OF REPRESENTATIVES dedication to our country is an inspiration to all that he accepted his personal call to minister Thursday, October 15, 2009 and deserves the utmost gratitude. the gospel to all who would listen. His evan- Mr. BRADY of Pennsylvania. Madam f gelism began, literally, on some of the dusty Speaker, on the occasion of his retirement on back roads of Birmingham. One day, young May 15, 2009, we rise to thank Mr. Peyton A TRIBUTE TO BARBARA MESSIER Melvin encountered an elderly gentleman who ‘‘Jeff’’ Jackson for his 31 years of distin- recognized his spiritual gifts and referred him guished service to the United States House of HON. EDOLPHUS TOWNS to a scripture that influenced his life’s work. Representatives. Jeff has served this great in- OF NEW YORK That scripture, Hosea 4:6, states, ‘‘My people stitution as a valued employee of House Infor- IN THE HOUSE OF REPRESENTATIVES are destroyed for lack of knowledge.’’ Upon mation Resources (HIR), within the Office of hearing those words, young Melvin knew that Thursday, October 15, 2009 the Chief Administrative Officer (CAO). God’s purpose for his life was to help spread Jeff began his tenure with the United States Mr. TOWNS. Madam Speaker, I rise today the knowledge of the gospel of Christ through House of Representatives in 1978 as Lead in recognition of Barbara Messier for her the unique, cultural lens of the African Amer- Computer Operator in the HIR Communica- record of extraordinary service to New York’s ican experience. And from that moment on, tions Services group. Jeff assisted in diag- Tenth Congressional District. Melvin Bank’s dreams and life’s work contin- nosing and resolving operational problems Barbara Messier, born in Canton, Ohio, ued to grow and to prosper. with the various online systems supported by graduated from the St. Luke Nursing School in As Melvin Banks grew in the Lord, he also the Computer Center. He also monitored and Cleveland and began her nursing career in the embraced the value of a good education. maintained all House data communication net- Apple Creek State Hospital. While at Apple Banks graduated from Parker High School in works including the Amdahl 4705 and 4745 Creek, she first got experience in psychiatric Birmingham, in 1952, and he went on to study front-end processors. Jeff tracked and logged nursing, working under a group of extraor- at the Moody Bible College, in Chicago, where trouble calls from both the Washington and dinary leaders in the field. She continued her he graduated in 1955. Continuing his edu- district offices and dispatched network installa- work in psychiatric nursing after moving to cation, Banks attended Wheaton College, tion technicians for problem calls. Jeff’s exper- New York, working with Dr. Jochanan earning a B.A. degree in theology in 1958, tise contributed to the installation and mainte- Weisenfreund at St. John’s Episcopal Hospital and his master’s degree in biblical studies in nance of the IBM 3270 inventory and storage and later at the Interfaith Medical Center. 1960. facilities for the Communications Services Mrs. Messier was instrumental in revitalizing After graduation, Dr. Banks chose to remain group. Jeff continued to provide network oper- Interfaith’s Department of Psychiatry from an in Chicago and he soon got a job with Scrip- ational support to the ever expanding net- unlicensed, 25-bed inpatient unit, to a full ture Press Publications, a job that included working and unified communications infra- fledged, top-quality department. As the Assist- sales. Dr. Banks’ work with Scripture Press structure environment. ant Vice President of the Department of Psy- gave him his first opportunity to begin to un- Jeff has played an integral role in the re- chiatry, she is also responsible for Bedford- derstand how to market to African American vamping of the Network Control Center (NCC) Stuyvesant Community Mental Health Center’s consumers. It was that passion to serve his following the events that occurred on Sep- programs, serving patients in a variety of inno- community coupled with his godly vision, pro- tember 11, 2001. The NCC was later ex- vative capacities. She also serves as the Clerk fessionalism and drive that ultimately led him panded to encompass the Emergency Com- of Session at the Oceanside Presbyterian to launch Urban Ministries, Inc., in 1970. munications Center (ECC) which serves as a Church, and teaches adult Bible classes there. After founding Urban Ministries, Dr. Banks transmission point for emergency action mes- Madam Speaker, I urge my colleagues to and his small staff operated out of the base- sages to the House community. join me in recognizing Barbara Messier. ment of his home for 12 years. As Dr. Banks’

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00011 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25050 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 faith grew, so did his media ministry. In 1982, House and its twenty-five years of service to We are with you all in our hearts, tears, and Urban Ministries occupied the second floor of the citizens of Prince William County, the City prayers. a building located at 1439 West 103rd Street of Manassas and the City of Manassas Park. With God’s grace, may you, our dear Con- in Chicago. Guided by a vision that continues A joint effort between private citizens and gressman, and the people of American to serve him well to this day, Dr. Banks moved the Prince William County government, Project Samoa, find the strength to endure in this Urban Ministries in 1996, to its current 46,000- Mend-A-House was created in 1984. At the tragic tragedy. time, Lily Blackwell was a volunteer delivering TOM BEANAL, square-foot headquarters in Calumet City. Wakil Ketua. Shortly before that milestone, it’s worth noting meals to seniors who were confined to their HERMAN AWOM, that, in 1993, his alma mater, Wheaton Col- homes due to disabilities. Her call to action Moderator. lege, conferred its esteemed graduate with an began with the observation that a number of THAHA MOHAMMAD Honorary Doctorate in Literature, a recognition seniors along her delivery route could no ALHAMID, of his consummate stewardship over the writ- longer perform necessary home repairs. Basic Sekretaris Jenderal. ten and published word. home repair and some structural improve- And so, Madam Speaker, as I enter these ments were needed to ensure that these dis- f words into the CONGRESSIONAL RECORD on abled seniors remained safe and independent. this day, it’s my pleasure to note these words Ms. Blackwell partnered with Toni Clemons- IN HONOR OF DR. J.H. FLAKES from UMI’s website: Porter and Lin Wagener of the Prince William UMI is the largest independent, African Area Agency on Aging to create the founda- American-owned and operated Christian tion of an organization that has now provided HON. SANFORD D. BISHOP, JR. media company. UMI publishes Christian re- humanitarian assistance for a quarter of a OF GEORGIA sources, including Christian education and century. IN THE HOUSE OF REPRESENTATIVES Vacation Bible School curricula, books, Project Mend-A-House completes home re- movies and websites designed for African pairs and safety modifications to facilitate American churches and others seeking a di- Thursday, October 15, 2009 independent living for seniors, the disabled verse, Christ-centered perspective on faith Mr. BISHOP of Georgia. Madam Speaker, I and life issues. and low-income residents. Over the years, projects have ranged from fixing termite dam- rise today to pay tribute to Dr. J.H. Flakes of Today, UMI is the largest, independent Afri- age in an older home to making entire houses Columbus, GA, who on Sunday, October 18, can American Christian publisher in the United more accessible with wheelchair ramps, hand will celebrate his 48th year as the Senior Pas- States. UMI, literally, serves thousands of rails, shower seats and transfer benches. The tor of the Fourth Street Missionary Baptist churches nationwide with curriculum re- work is truly a community effort. Local cor- Church in Columbus. I have known Reverend sources, teaching materials, videos and other porate partners provide monetary support, vol- Flakes for many years and feel honored to call products aimed at instilling character in the unteers and building materials. Civic associa- him a friend, a constituent, and an inspiration. youth and adults of our nation. Madam Speaker, today, more than 10,000 tions and faith based groups contribute hun- Reverend Flakes was born in Phenix City, churches utilize UMI materials, on a weekly dreds of volunteer hours to Project Mend-A- AL, and received his Bachelor of Arts degree basis, and a dozen different denominational House each year. Project Mend-A-House puts from American Baptist College in Nashville, groups call UMI their publishing partner—a everyone to work regardless of skill level to TN. He continued his biblical studies at More- distinction that gives this Illinois-based com- improve the quality of life for our disabled, el- house School of Religion in Atlanta, GA, the pany its national and global impact. derly and low income neighbors. National Baptist Congress of Christian Edu- Madam Speaker, I ask that my colleagues Madam Speaker, for the more than 50 years cation in Houston, TX, and the General Mis- join me in commending Project Mend-A-House that Dr. Melvin Banks has been a citizen of sionary Baptist Convention of Georgia in and its volunteers. The strength of a commu- our great state, I’m proud to report that he has Rome, GA. In addition, he has received an nity can be measured by how it responds to also been a devoted husband to his wife and honorary doctorate from A.B. Lee Theological the plight of the less fortunate, and Project business partner, Olive Banks, and the father Seminary in Jacksonville, FL, and an honorary Mend-A-House is certainly contributing to a ro- to his children, Melvin Banks, Jr., Patrice doctorate degree from his alma mater, the bust spirit of community in Prince William Banks Lee and Reginald Banks, all of whom American Baptist College. County. have worked with their father to help make As the Word says in Proverbs 3:5, ‘‘Trust in this company the global leader it is today. f the Lord with all your heart and lean not on As I conclude this well-deserved tribute, let WEST PAPUA’S MESSAGE OF SUP- your own understanding.’’ Reverend Flakes me also say that as my heart breaks for the PORT TO THE PEOPLE OF AMER- has truly lived by this principle. Since his ar- thousands of children in this nation whose ICAN SAMOA IN AFTERMATH OF rival at Fourth Street Missionary Baptist lives are cut short because of violence and DEVASTATING TSUNAMI Church, he has sought to implement the unrealized dreams, my hope is that as these church’s mission to ‘‘obey the will of God words enter the permanent annals of history, HON. ENI F.H. FALEOMAVAEGA through preaching, teaching, witnessing, stew- that some young boy or girl will look upon OF AMERICAN SAMOA ardship and fellowship.’’ these words and be inspired by the tremen- IN THE HOUSE OF REPRESENTATIVES Reverend Flakes has received numerous dous life of Dr. Melvin E. Banks. Thursday, October 15, 2009 awards and recognitions to honor his steadfast My hope is that they will see in his life the commitment to his parishioners and his com- hope, the determination and the abiding faith Mr. FALEOMAVAEGA. Madam Speaker, I munity, including the Outstanding Personality that God gave him. While every child may not submit the following message of support sub- of the South, Ten Outstanding Ministers in the have all the spiritual gifts that Dr. Banks en- mitted by Tom Beanal, Chairman of the Papua State of Georgia, the Alpha Phi Alpha Martin joys, my hope and prayer is that they will see Presidium Council, in response to the massive Luther King Award, Operation PUSH Martin in his life what a made up mind can do. tsunami that struck American Samoa on Tues- Luther King Award, as well as the Knighthood f day, September 29, 2009. Award from the Congress of Christian Edu- PRESIDIUM DEWAN PAPUA, JAYAPURA, cation. PROJECT MEND-A-HOUSE CELE- OCTOBER 7, 2009. BRATES 25 YEARS IN PRINCE Hon. ENI F.H. FALEOMAVAEGA, With ordained leadership and divine grace, WILLIAM COUNTY Rayburn House Office Building, Reverend Flakes has built a church that deliv- Washington, DC. ers God’s message and works daily to imple- DEAR CONGRESSMAN FALEOMAVAEGA, on be- ment God’s vision. Reverend Flakes personi- HON. GERALD E. CONNOLLY half of the people of West Papua, we are OF VIRGINIA fies the love of God through his teaching and writing to express to you our greatest sym- his way of life. I thank him for his years of IN THE HOUSE OF REPRESENTATIVES pathy for the losses and sufferings of the service to his parishioners, the Columbus Thursday, October 15, 2009 people of American Samoa and other Pacific Islands caused by the recent tsunami. community, Georgia’s Second Congressional Mr. CONNOLLY of Virginia. Madam Speak- Please accept our sincerest condolences to District, and the Nation. Moreover, I wish him er, I rise today to recognize Project Mend-A- you. Please also extend them to your people. many more fruitful years to come.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00012 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25051 RECOGNIZING VIRGINIA STOP A section that clarifies that senior judges HONORING RICHARD LONG MODERN SLAVERY must satisfy minimum work thresholds to par- ticipate in court government matters, including HON. GERALD E. CONNOLLY the selection of magistrates. HON. GARY C. PETERS OF VIRGINIA A section that eliminates the references to OF MICHIGAN IN THE HOUSE OF REPRESENTATIVES divisions and counties in the statutory descrip- IN THE HOUSE OF REPRESENTATIVES Thursday, October 15, 2009 tion of the Judicial District of North Dakota, which enables the court to better distribute the Mr. CONNOLLY of Virginia. Madam Speak- Thursday, October 15, 2009 workload between two active district judges er, I rise today to recognize Virginia Stop Mod- and reduce travel for litigants in the northern ern Slavery (VASMS) and its efforts to edu- Mr. PETERS. Madam Speaker, today I rise central area of the district. cate parents, teachers and child-care pro- to honor Richard Long, a lifelong champion of viders on the danger sex trafficking poses to A section that authorizes the ‘‘statement of the American labor movement, my mentor, our communities. reasons’’ that judges must issue upon sen- counsel and dear friend on the occasion his VASMS was established in August of 2009 tencing to be filed separately with the court. retirement from the United Auto Workers by Jessica Johnson of Annandale, VA. Its vol- Current law requires the statement to be bun- where he served as National Community Ac- unteers work to preserve safe, family friendly dled with other information in the case file dis- tion Program (CAP) Director for the past nine communities. They work to eliminate human tributed to the Sentencing Commission, where years. trafficking in America by educating and sup- it can be difficult to maintain a seal related to This year, Dick retires from a 46-year-long porting victims’ service providers, legislators confidential information. career which began in 1963 at the former and local law enforcement officials. Members A section that specifies that federal pretrial Pontiac Motor Division in Pontiac, Michigan, of VASMS build community partnerships and services officers can provide the same serv- where he first became a proud member of coordinate outreach events because they un- ices to juveniles as they do for adult offenders. UAW Local 653. Over the ensuing years as derstand that bringing this issue to the fore- An example would be drug treatment. Dick advanced on the shop floor, he also ad- front of public discussion starts with a dedi- And a section that applies an inflationary vanced and deepened his involvement in the cated grassroots effort. UAW, which would chart his personal and pro- On October 10, 2009, VASMS hosted The index to the threshold amount requiring ap- fessional trajectory for the next 40-plus years. Safe Child Fair in Gainesville, VA, through a proval by the chief judge of reimbursements partnership with the Bridge to Freedom Foun- for the cost of hiring expert witnesses and Some years later in 1987, Dick was elected dation, Courtney’s House and RIJI Green. The conducting investigations for indigent defend- Vice President of his UAW local and the fol- fair offered children’s activities and games ants. The dollar thresholds are statutorily fixed lowing year he was elected its president. His and erode over time. This means chief judges while parents learned how to protect their chil- leadership, commitment and talent was fully must devote greater time approving what are dren from child exploitation. Events like The recognized in1998, when then-UAW President otherwise not genuine ‘‘high-dollar’’ requests. Safe Child Fair bring communities together to Stephen Yokich named Dick his Administrative rally around a common call to action. Eradi- Mr. Speaker, H.R. 3632 is necessary to im- Assistant and, again, in 2000 when Dick was cating sex trafficking in America requires the prove the functioning of the U.S. courts, which appointed National CAP Director. I remember involvement and due diligence of all commu- will ultimately benefit the American people. well my pride and optimism when I learned nities, and I urge all to join in this battle to pro- This is a non-controversial bill and I urge my that Dick had been appointed National CAP tect our children. colleagues to support it. Director. For many years, Dick had mentored Madam Speaker, I ask my colleagues to join and counseled me so ably and devotedly; I me in commending the efforts of Virginia Stop f was certain that in his new role, he would edu- Modern Slavery. The prevalence of human EARMARK DECLARATION cate and organize others with as much verve trafficking in the United States is deplorable, and dedication as I had experienced. and I wish VASMS continued success in its campaign to raise awareness for this issue. As CAP Director, Dick was well-suited to the f HON. JOHN J. DUNCAN, JR. role and charge of ‘‘developing and advancing OF TENNESSEE policies that improve social and economic con- H.R. 3632, THE ‘‘FEDERAL JUDICI- ditions and enrich the quality of life for all peo- IN THE HOUSE OF REPRESENTATIVES ARY ADMINISTRATIVE IMPROVE- ple.’’ By any account, Dick made a powerful MENT ACT OF 2009’’ Thursday, October 15, 2009 impression on the State and National political landscape. His effectiveness was rooted in his HON. LAMAR SMITH Mr. DUNCAN. Madam Speaker, consistent ability to be equally comfortable working on OF TEXAS with House Republican Earmark Standards, I the national stage or alongside grassroots vol- IN THE HOUSE OF REPRESENTATIVES am submitting the following earmark disclo- unteers in a makeshift office space. Thursday, October 15, 2009 sure information for project requests that I made and which were included within H.R. Dick’s contributions to the community and Mr. SMITH of Texas. Madam Speaker, I 2892, ‘‘Making appropriations for the Depart- commitment to civil rights and social justice yield myself such time as I may consume. ment of Homeland Security for the fiscal year have been his personal and professional leg- The purpose of H.R. 3632 is to implement ending September 30, 2010, and for other pur- acy. Whether in his role as a local president, non-controversial administrative provisions that poses.’’ supporting Oakland University with his wife the Judicial Conference and the House Judici- Jackie, National CAP Director, or working on Requesting Member: Congressman JOHN ary Committee believe are necessary to im- behalf of the many community organizations DUNCAN prove the operations of the Federal judiciary he champions, Dick has worked to create a and provide justice for the American people. Account: TSA, Aviation Security better future for America’s families and work- The Judicial Conference is the policy-mak- Project Amount: $1,250,000.00 ers. For that legacy and commitment, he is ing body of the Federal judiciary and through much admired by me and many others. its committee system evaluates court oper- Legal Name of Requesting Entity: National ations. The Conference endorses all of the Safe Skies Alliance, 110 McGhee Tyson Bou- Madam Speaker, I ask my colleagues to join provisions in the bill. levard, Suite 201, Alcoa, Tennessee 37701 my salute today to an important and formative H.R. 3632 affects a wide range of judicial Description of Request: This funding will be figure in my life: Richard Long, a man to branch programs and operations, including used to create a research and training center whom I am deeply indebted for his friendship those pertaining to financial administration, that will provide critical improvised explosives and good counsel and a man whose 46 years process improvements, and personnel admin- recognition training to TSA Transportation Se- of untiring work on behalf of America’s work- istration. curity Officers, law enforcement personnel, fire ing families and the ideals of social justice The bill incorporates nine separate items, in- fighters, emergency services personnel, first should be heartily commended and passion- cluding: responders and others. ately emulated by each of us.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00013 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25052 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 RECOGNIZING THE ACCOMPLISH- consin in Madison. In 1946, after short teach- The Veterans of Foreign Wars is a congres- MENTS OF PIRAN TALKINGTON ing stints at two other universities, Dr. Stampp sionally chartered war veterans organization OF WOODBRIDGE, VA joined the staff at Berkeley as an assistant that has been serving the community as well professor. as other veterans for over 100 years. The HON. GERALD E. CONNOLLY During his nearly 40-year career at Berke- VFW is a model organization that exemplifies ley, Dr. Stampp established himself as a OF VIRGINIA the principles that our Nation was founded sometime controversial, though conclusively IN THE HOUSE OF REPRESENTATIVES upon. influential 19th Century historian. He is best- Mr. Mills, a Life Member of Post #1754 in Thursday, October 15, 2009 known for his decades of work changing his- Huntington, Pennsylvania, has successfully Mr. CONNOLLY of Virginia. Madam Speak- torical perceptions about American slavery, served in all post chairs at the VFW. He er, I rise today to recognize twelve-year-old the Civil War and Southern Reconstruction. served as the Post Commander four times Piran Talkington of Woodbridge, VA. On June His trailblazing research and publications and attained All State Post District Com- 24, 2007, Piran successfully executed the helped further humanize enslaved African mander in 2006–2007. Frank also served on Heimlich maneuver to save the life of his four- Americans by giving their stories equal histor- the national level on the Americanism and year-old sister Caitlyn. Just 10 years old at the ical weight. Dr. Stampp heroically countered Community Activities Committee, Finance and time, Piran showed remarkable composure by other historians’ arguments at a time when the Organization Committee, and Veterans Serv- calmly employing this life saving technique. accepted historical record characterized slav- ice Resolution Committee. As a Cub Scout in Pack 289 of Woodbridge, ery as a necessary institution. Frank Mills proudly served our country in Piran learned basic life-saving skills as part of In his books, Dr. Stampp rejected 1950s the United States Navy as an Engineman 2nd his training to become a Boy Scout. Piran’s at- theories suggesting that sectional compromise Class on the USS Tang SS 563 submarine tentiveness during these lessons proved in- might have saved the Union from civil war. during the Vietnam war. His service medals in- valuable when he was able to unblock his Rather, he traced the cause of the war directly clude: National Defense Service Medal, Good younger sister’s airway during a family dinner. to a moral debate over slavery. Conduct Medal, Vietnam Service Medal with After Caitlyn regained her breathing and re- According to colleagues, his 1956 book, three bronze stars, and the Republic of Viet- covered her color, she tearfully hugged Piran. ‘‘The Peculiar Institution: Slavery in the Ante- nam Campaign Ribbon. Piran has continued his participation in Bellum South,’’ remains the preeminent histor- Mr. Mills has led a life of service through the Scouts and is now a Star Scout in Troop ical reinterpretation for that period. VFW and military service that instills a unique 1367. The Boy Scouts of America, upon rec- Dr. Stampp had the distinction of travelling sense of pride in the hearts of every American ommendation of the National Court of Honor, throughout the United States and Europe as a citizen. For his commitment to the citizens of has awarded Piran the Medal of Merit. This is visiting professor, visiting fellow, and as both Pennsylvania, I am extremely grateful to Frank the Boy Scouts’ fourth highest national award. a Commonwealth and Fulbright lecturer. His G. Mills Sr. humble upbringing contributed to a dedicated The award recognizes Piran for demonstrating f the finest Scouting skills and ideals. sense of social justice, which he demonstrated For nearly 100 years, the Boy Scouts have in his professional life and political views. Dr. HONORING 2010 CENSUS COMMU- developed upstanding youth with the character Stampp participated in a 1965 Civil Rights NITY PARTNERS: ALPHA KAPPA and maturity to handle tough situations. Piran march from Selma to Montgomery, Alabama. ALPHA, NORTHERN VIRGINIA Throughout his career, Professor Emeritus is an exceptional example of a young Scout. URBAN LEAGUE AND NORTHERN Stampp earned many accolades, which in- He also is an Honor Roll student and winner VIRGINIA COALITION cluded serving as President of the Organiza- of the Fifth Grade Science Fair for Physical tion of American Historians, being twice- Sciences. Piran’s life-saving measures were HON. GERALD E. CONNOLLY named a Guggenheim Fellow and winning the not an isolated instance of distinction. He OF VIRGINIA Lincoln Prize from the Civil War Institute at works hard to reach the highest levels of IN THE HOUSE OF REPRESENTATIVES Gettysburg College. achievement in everything he attempts. Perhaps most admirable is the way in which Thursday, October 15, 2009 Madam Speaker, I ask that my colleagues Dr. Stampp resurrected long-forgotten voices join me in applauding Piran’s accomplish- Mr. CONNOLLY of Virginia. Madam Speak- from generations of our African-American ments. The decisiveness and skill with which er, I rise today to commend Alpha Kappa brothers and sisters living through one of the he acted to save his sister can be attributed Alpha Sorority, Inc., the Northern Virginia grimmest scourges in our nation’s history. to his scouting background. This training will Urban League and the Northern Virginia Coali- Over time, Dr. Stampp’s work has invaluably serve him well throughout his life, and I am tion for partnering with the U.S. Census Bu- altered the framework of academic assump- confident that his future will be full of success reau to educate our community on the impor- tion, historical discrimination and public per- and outstanding accomplishments. tance of a complete and accurate count in the ception. f 2010 Census. Today, California’s 9th Congressional Dis- These organizations kicked off their edu- KENNETH M. STAMPP, UC trict salutes and honors a great human being, cation initiative with a forum on October 1, BERKELEY PROFESSOR EMERITUS Professor Emeritus Kenneth M. Stampp. Our 2009 at Alexandria City Hall. Their efforts will community is indebted to his life’s contribution be directed toward participation from Northern HON. BARBARA LEE in countless ways. We extend our deepest Virginia’s African American community. They condolences to Dr. Stampp’s family and to all will discuss the logistics and strategy behind a OF CALIFORNIA who were dear to him. May his soul rest in IN THE HOUSE OF REPRESENTATIVES successful Census and call on community peace. leaders to take up this historic cause. Thursday, October 15, 2009 f A Census is conducted once every 10 years Ms. LEE of California. Madam Speaker, I HONORING MR. FRANK G. and is mandated by the U.S. Constitution. It rise today to honor the extraordinary life of Dr. MILLS, SR. counts everyone living in the U.S. to deter- Kenneth M. Stampp, professor emeritus at the mine the distribution of Congressional seats University of California at Berkeley. He was a HON. BILL SHUSTER and the fair allocation of more than $400 bil- prolific historian, accomplished scholar and a lion in federal funding to state, local and tribal OF PENNSYLVANIA devoted friend, husband, partner, father and governments. Widespread participation is es- IN THE HOUSE OF REPRESENTATIVES grandfather. Professor Emeritus Stampp sential to accurate representation in Congress passed away on Friday, July 10, at the age of Thursday, October 15, 2009 and the correct apportionment of federal 96. Mr. SHUSTER. Madam Speaker, I rise funds. An accurate Census helps to ensure Dr. Stampp, who was born on July 12, today to honor the accomplishments of Mr. fair representation for all, which is an ideal 1912, in Milwaukee, Wisconsin, struggled to Frank G. Mills, Sr. Mr. Mills was elected and that lies at the heart of American democracy. earn money for his education during the Great installed as the State Commander of the Madam Speaker, I ask that my colleagues Depression. He ultimately earned a B.A., M.A. Pennsylvania Department of Veterans of For- join me in commending Alpha Kappa Alpha and Ph.D in History at the University of Wis- eign Wars at the 90th State Convention. Sorority, Inc., the Northern Virginia Urban

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00014 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25053 League and the Northern Virginia Coalition as behalf of Minister of Foreign Affairs Kasit Now in its twentieth year, the Foundation pro- responsible community partners for the 2010 Piromya of the Kingdom of Thailand in re- vides housing and supportive services for 25 Census. I appreciate their call to action as sponse to the massive tsunami that struck single adults and 18 families in 11 homes such partnerships will be vital to the success American Samoa on Tuesday, September 29, owned by the Foundation. Assistance has of the Census. 2009. been extended to those with chronic low in- f ROYAL THAI EMBASSY, come, mental and physical disabilities, AIDS/ Washington, DC, October 7, 2009. HIV, pregnant teens and the elderly. The orga- HONORING BILL AND BETTY KICK Hon. ENI F. H. FALEOMAVAEGA, nization is sustained by the efforts and dona- House of Representatives, tions of individuals, businesses and churches, HON. MAURICE D. HINCHEY Washington, DC. and it receives assistance from local, State THE HONORABLE ENI F. H. FALEOMAVAEGA, I OF NEW YORK and Federal funding. have the honor to transmit herewith a con- The Shepherd Homes Program offers group IN THE HOUSE OF REPRESENTATIVES dolence message on the earthquakes and tsu- living and single adult housing options to men- Thursday, October 15, 2009 nami incident in American Samoa from His Excellency Mr. Kasit Piromya, Minister of tally ill individuals. Shepherd Homes I, II and Mr. HINCHEY. Madam Speaker, I rise today Foreign Affairs of Thailand to the Honorable III are properties owned by the Foundation to honor my good friends Bill and Betty Kick as follows: that function as group homes. Ten apartments of Saugerties, New York. Their kind demeanor THE HONORABLE FALEOMAVAEGA, It is with leased by the Foundation offer the mentally ill, and dedication to service work stand as a tes- profound sorrow that I learned of the intense some who are veterans, relief from chronic tament to the importance of giving back to the magnitude of the undersea earthquakes and homelessness. Beyond housing assistance, tsunami that hit the United States territory the Foundation offers services that put resi- community. of American Samoa on 29 September 2009, Bill and Betty first met in kindergarten in causing a terrible loss of lives, widespread dents on a path to financial and psychological Teaneck, New Jersey, where they grew up property damage and left so many people stability. around the corner from one another. It came homeless. Since its inception, the Foundation ex- as no surprise when these childhood sweet- I would like to extend my sincere condo- panded its mission to include low income fami- hearts married just days before Bill left to lences and heartfelt sympathy to you and, lies. The Affordable Family Housing Program serve his country during World War II. During through you, to those families who lost their is a holistic program aimed at providing hous- his 4 years in the Army, Bill was stationed in loved ones as well as those who were dis- ing and teaching families the importance of tressed by this dreadful disaster. Our education and financial management. Families France, Germany, and Africa, rising to the dif- thoughts and prayers are with them during ficult and challenging circumstances that this this time of sorrow. In 2004, Thailand suf- are given transitional, two-year or long-term, momentous conflict presented. Meanwhile, fered through the devastating effects of a low-cost housing. Tutoring is available for the Betty remained in the U.S., doing her part by tsunami, and therefore, we share your grief children and parents receive financial coun- working for U.S. Rubber and the Syrian Em- and understand very well the hardship beset- seling. The Foundation works to end chronic bassy. Once Bill returned from the war, the ting the people of American Samoa. I am homelessness by providing immediate relief couple settled in New York and soon wel- certain that with strong spirit of solidarity and preventing future generations from falling comed their wonderful children, Linda and of the people of American Samoa, the af- into this dangerous condition. fected areas will be quickly rehabilitated Madam Speaker, I ask that my colleagues Peter. As new parents, they continued their and restored. commitment to community service by volun- Accept, the Honorable, the renewed assur- join me in expressing appreciation for the work teering as Scout leaders. ances of my highest consideration. the Good Shepherd Housing Foundation does When the time came to retire, and much to KASIT PIROMYA, in the Prince William community. The Founda- our benefit, Bill and Betty chose Saugerties, Minister of Foreign Affairs tion exists today as a robust and effective New York, as their home base. But Bill and of the Kingdom of Thailand. community organization dedicated to helping Betty were far from homebound. Avid sailors, Please accept, the Honorable, the assur- the disabled and less fortunate. I offer my un- ances of my highest consideration. they have spent much of their retirement sail- conditional support for its mission and com- DON PRAMUDWINAI, mend its ability to help our fellow man. ing around the world, going from Maine to the Ambassador. Florida Keys, and even as far as the South f f China Sea. In fact, Betty became one of the CELEBRATION OF THE FESTIVAL GOOD SHEPHERD HOUSING FOUN- first female Celestial Navigators in the Hudson OF DIWALI Valley. In spite of their passion for sailing, they DATION OF PRINCE WILLIAM still make time to volunteer within their com- COUNTY, VIRGINIA, CELEBRATES munity. Local organizations like Benedictine 20 YEARS HON. MICHAEL M. HONDA OF CALIFORNIA Hospital, Ulster Literacy Association, and the IN THE HOUSE OF REPRESENTATIVES Winston Farm Alliance have all benefited from HON. GERALD E. CONNOLLY Thursday, October 15, 2009 their time and dedication. OF VIRGINIA Throughout their lives, Bill and Betty have IN THE HOUSE OF REPRESENTATIVES Mr. HONDA. Madam Speaker, I rise today selflessly donated their time to help better in recognition of the Festival of Diwali. their community. The 22nd District is fortunate Thursday, October 15, 2009 Over one billion individuals celebrate the to call them our own and it is with great enthu- Mr. CONNOLLY of Virginia. Madam Speak- cultural and religious holiday of Diwali each siasm that we look forward to many more er, I rise to recognize the 20th anniversary of year. Diwali is one of the most joyous festivals years of their reminding us all of the impor- the Good Shepherd Housing Foundation. For celebrated on the South Asian subcontinent. tance of volunteerism. the past two decades, the Foundation has pro- The festival is celebrated in the Hindu, Sikh, f vided low-cost housing to the homeless and and Jain traditions, and has cultural signifi- those on the brink of homelessness in Prince cance for South Asians. Within the United THAILAND’S MESSAGE OF SUP- William County. States there are over 2 million celebrating PORT TO THE PEOPLE OF AMER- The Foundation was created in 1989 out of Diwali making it a significant holiday in our ICAN SAMOA IN AFTERMATH OF the compassion and collective action of the country. DEVASTATING TSUNAMI Good Shepherd faith community. The found- Diwali literally means ‘‘The Festival of ers identified a need within Prince William Lights,’’ translated from Hindi. Celebrations of HON. ENI F.H. FALEOMAVAEGA County for housing for the mentally ill. They Diwali usually involve the lighting of lamps to OF AMERICAN SAMOA worked with the Prince William County Com- symbolize hope and joy. I joined Asian Ameri- IN THE HOUSE OF REPRESENTATIVES munity Services Board to establish the bed- cans and Pacific Islanders in the White House rock of a stable and lasting program. In its be- yesterday, as President Obama lit a lamp in Thursday, October 15, 2009 ginning, the Foundation provided housing for the White House in the observance of the fes- Mr. FALEOMAVAEGA. Madam Speaker, I five single adults. tival, after signing an executive order restoring submit the following message of support sub- It has since grown substantially in both the White House Initiative on Asian Americans mitted by Ambassador Don Pramudwinai on numbers of clientele and breadth of mission. and Pacific Islanders.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00015 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25054 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 In the Hindu faith Diwali is often linked to IN RECOGNITION OF ESTRELLA memorial columns and welcome arches with Rama’s triumphant return following his victory CLEMENT IN HONOR OF HIS- the colors of the two nations—red, white, and over Ravana as told in the epic The PANIC HERITAGE MONTH blue, and red, white, and green. Principal thor- Ramayana. Following Rama’s victory his peo- oughfares were decorated, thousands of in- ple lighted lamps along the capital city to cele- HON. KATHY CASTOR candescent and arc lamps were lit, and it is said that the cities competed with each other brate as their King returned. The clay lamps OF FLORIDA to demonstrate their best hospitality to the vis- which the people lit, were called Deepavalis IN THE HOUSE OF REPRESENTATIVES iting Presidents. which Diwali is a shortened version of. In Thursday, October 15, 2009 The Stone and Webster Public Service many Hindu calendars Diwali corresponds with Ms. CASTOR of Florida. Madam Speaker, Journal of 1909 has a great account of the the start of a new year. Diwali is one of the in recognition of Hispanic Heritage Month, I day’s historic events. President Taft arrived in most significant holidays within Hinduism. rise today to honor Estrella Clement, who El Paso, on the morning of October 16, 1909 In Jainism, Diwali marks the date upon dedicates her life to help identify and treat and was met by El Paso Mayor Joseph U. which Lord Mahavira achieved the state of ab- women who have breast and cervical cancer. Sweeney. After breakfast, President Taft was solute bliss or Nirvana. It is said that King Ms. Clement was born in Cuba, moved to taken to the Chamber of Commerce through Chetaka, upon Lord Mahavira achieving Nir- New Jersey as a child and has been living in streets lined with thousands of school children who proudly waved colorful flags and sang pa- vana, light a multitude of lamps to create a Tampa for 25 years. Ms. Clement always knew she wanted to be a nurse and help im- triotic songs. Mexican President Porfirio Diaz material light to replace the light of intelligence traveled across the International Bridge and that had been lost. prove the health of her community. She ob- tained a master’s degree in nursing from the was met by Secretary of War J.M. Dickinson, In the Sikh tradition, the foundation of the University of South Florida and has been a Texas Governor Thomas Mitchell Campbell, Golden Temple is said to have been laid on nurse for more than 32 years. Ms. Clement and Mayor Sweeney who escorted President Diwali. In this tradition, the 6th Sikh guru works with Meditech Medical Center clinics Diaz to his meeting with President Taft at the Chamber of Commerce. Hargobind was released from prison on the where free mammogram tests, breast exam- After the meeting, President Taft journeyed festival of Diwali. ination, and Pap smears are offered to women across the border to visit Ciudad Juarez, Mex- There is great diversity among the faiths who might not be able to afford these services ico. Arriving at the border of the Chamizal that celebrate this joyful holiday. Across all otherwise. zone, which was then disputed territory be- these traditions, Diwali holds significance Tirelessly dedicated, Ms. Clement worries tween the U.S. and Mexico, President Taft across the South-Asian community as a time that women are unaware of the free screening drove through the International Bridge and of hope, happiness and the renewal of life. I and treatment options in her neighborhood. was saluted by the Mexican artillery with twen- Transportation is a major obstacle for many am very proud to have been a co-sponsor of ty-one guns. Upon arriving in Mexico, he en- low-income women. Ms. Clement’s goal is to House Resolution 798, conveying the best tered the state carriage of President Diaz and have a mobile unit so she can go directly to was driven to the Custom House, which wishes of the House of Representatives to the community. Unfortunately, too few people those celebrating Diwali. The resolution recog- served as the temporary capital of the Mexi- know about the free service. Ms. Clement is can Republic. After a brief meeting, President nizes the importance of Diwali and extends making it her duty to reach as many women the House of Representatives’ deepest re- Taft returned to El Paso, where he partici- as possible. pated in a parade and addressed the cheering spects to all those celebrating Diwali. I would Ms. Clement also has been a co-chair of crowds. He ended the day by attending a re- like to join with all those celebrating this joy- Prime Time Sister Circles, a group that helps ception in Ciudad Juarez where the two Presi- ous time and wish Shubh Diwali to all. African-American women improve their health, dents toasted each other and their respective and she has served on the Moffitt Cancer countries. f Center’s Hispanic Advisory Council. This marked the first international trip of any Madam Speaker, Estrella Clement is acutely sitting U.S. President and remains a rich part PERSONAL EXPLANATION aware of the toll, both financial and emotional, of the storied history of the great city of El that breast and cervical cancer can have on Paso, which I represent. To this day, El Paso women. She devotes her life to improving the and Ciudad Juarez have maintained close HON. DEBBIE WASSERMAN SCHULTZ health of the Tampa community. I applaud her ties. Culturally, socially, and economically OF FLORIDA dedication to the prevention and treatment of intertwined, these sister cities are home to the breast and cervical cancer. largest international border community with a IN THE HOUSE OF REPRESENTATIVES f population of over 2 million people. Since that time, El Paso and Ciudad Juarez have hosted Thursday, October 15, 2009 100TH ANNIVERSARY OF ‘‘MEETING four joint meetings between the presidents of OF THE PRESIDENTS’’ Ms. WASSERMAN SCHULTZ. Madam Mexico and the United States, more than any Speaker, I was absent on Wednesday, Octo- other border city. ber 14, 2009, due to a previously scheduled HON. SILVESTRE REYES On January 12, 2009, President-elect event. Had I been present I would have voted OF TEXAS Obama continued this spirit of cooperation by ‘‘yes’’ during the recorded votes for the fol- IN THE HOUSE OF REPRESENTATIVES meeting with President Felipe Calderon in his first face-to-face talks with a foreign head of lowing five bills: Thursday, October 15, 2009 state. This meeting fulfilled a tradition in effect 1. H. Res. 768—Expressing support for the Mr. REYES. Madam Speaker, I rise today to since 1980 of U.S. Presidents talking with their designation of the month of October as ‘‘Na- mark a unique date in our history, the 100th Mexican counterparts before being sworn in, tional Work and Family Month’’; Anniversary of the ‘‘Meeting of the Presi- to underscore the special relationship between dents’’. On October 16, 1909, U.S. President 2. H.R. 1327—Iran Sanctions Enabling Act the two nations. William Howard Taft and Mexican President My good friend, Mexican Ambassador to the of 2009; Porfirio Diaz met in both El Paso, Texas and U.S. Arturo Sarukhan, reflecting on this spe- 3. H. Res. 816—Mourning the loss of life Ciudad Juarez, Mexico in an historic meeting cial occasion said, ‘‘there is no more important caused by the earthquakes and tsunamis that that established the personal relationship be- bilateral relationship in the world today than occurred on September 29, 2009, in American tween our two countries. The event marked the one between Mexico and the United Samoa and Samoa; the first in-person meeting between the Presi- States. . . . October 16th marks a date that dents of the United States and Mexico. In fact, should inspire us all to continue working to en- 4. H. Res. 786—Commemorating the can- prior to 1909, no sitting U.S. President had left sure that both Mexicans and Americans con- onization of Father Damien de Veuster, our country to visit a foreign nation. tinue strengthening a partnership that must SS.CC., to sainthood; and The sister cities of El Paso and Ciudad lead both countries toward greater develop- 5. H.R. 3371—Airline Safety and Pilot Train- Juarez went to great lengths to ensure that ment, security, prosperity and well-being for ing Improvement Act of 2009. this meeting was unlike any other, by adorning our two peoples.’’

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00016 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25055 Let us mark this occasion by committing first African-American clergy member to grad- Today, California’s 9th Congressional Dis- ourselves to push forward to strengthen the uate from the Master of Nonprofit Administra- trict salutes and honors Reverend Frank Jack- relationship between Mexico and the United tion program at University of San Francisco son. The contributions Reverend Jackson States. I applaud the work of President when he earned his third degree there in made to his community throughout his life are Obama and President Calderon to foster a 1991. Education and personal growth were im- countless and precious. My thoughts and closer relationship with our southern neighbor. mensely important values to Reverend Jack- prayers are with his family and loved ones. There is no better way to commemorate the son. He truly used a lifetime of learning to in- Reverend Jackson will be deeply missed. May 100th anniversary of the ‘‘Meeting of the spire and teach others. his soul rest in peace. Presidents’’ than by continuing the legacy of In his early pastoral career, Reverend Jack- strong diplomatic ties with our friends from son acted as Interim Pastor to rebuild and de- f Mexico. velop transitioning churches in the Los Ange- THANKING COLONEL GENE BLADE les area. He focused his passion for providing f FOR HIS YEARS OF SERVICE youth leadership and family services as Asso- INTRODUCING A RESOLUTION CON- ciate Pastor for Menlo Park Presbyterian DEMNING THE ILLEGAL EXTRAC- Church from 1979 to 1983. Later that year, he HON. AARON SCHOCK TION OF MADAGASCAR’S NAT- joined Faith Presbyterian Church in Oakland, OF ILLINOIS URAL RESOURCES thus beginning 26 years of service to our com- IN THE HOUSE OF REPRESENTATIVES munity as Pastor and spiritual guide. Thursday, October 15, 2009 HON. EARL BLUMENAUER Along with wife Jimmye Jackson, with whom OF OREGON he celebrated 41 years of marriage this Mr. SCHOCK. Madam Speaker, I rise today to honor COL Gene Blade, a great American IN THE HOUSE OF REPRESENTATIVES month, and daughter Rachel Jackson, Rev- erend Jackson maintained a dynamic pres- who is retiring today after 55 years of service Thursday, October 15, 2009 ence in Bay Area community organizing. He to his country and community. Mr. BLUMENAUER. Madam Speaker, today was instrumental in organizing numerous col- Colonel Blade started his 40-year military I am introducing a resolution to comdemn the laborations and events including Support for career in 1954, when he joined the Illinois Na- illegal extraction of Madagascar’s unique and the Families of Homicide Victims, a Commu- tional Guard in Monmouth, Illinois. His first job invaluable natural resources. I am joined in nity Health Fair Event, Embrace Oakland Day in the Army was as a radio operator and Jeep this effort by DONALD PAYNE, Chair of the Sub- and Faith Network of the East Bay. driver for the Battery Commander. As his mili- committee on Africa and Global Health, and Reverend Jackson was passionate about tary career advanced, Colonel Blade served in ENI FALEOMAVAEGA, Chair of the Sub- encouraging collaboration between diverse numerous other positions, including Fire Sup- committee on Asia, the Pacific, and the Global groups. He utilized the clarity of his vision and port Officer and eventually Battery Com- Environment. the strength of his faith to unite people to work mander. In fact, Colonel Blade held every key Madagascar hosts some of this planet’s for shared goals. In 1992, Reverend Jackson staff position in the infantry and artillery battal- greatest diversity. Larger than California, this was a founding pastor of the African American ions, including Infantry Battalion Commander island nation hosts over 150,000 species & Korean American Fellowship of Churches, a of the 1st Regiment, 123rd Infantry Battalion. found nowhere else. The people of Mada- coalition that sought to build better racial rela- Colonel Blade continued to perform his du- gascar depend on these incredible and unique tionships between communities of color. He ties even when no one expected him to do so. resources for survival. Yet, political turmoil is also established the Themus Spencer Learn- In one specific instance, Gene was hospital- putting the honest livelihoods of many, as well ing Center at Faith Presbyterian Church in ized with pneumonia, but a group of top mili- as one of our planet’s greatest treasures, in partnership with Emerson Elementary School tary personnel were scheduled to visit his post extreme peril. to guide at-risk students to academic success. to view a demonstration of a nuclear spotter Reports from Madagascar are dire and de- Deeply moved by the challenges of Katrina round. The weapons used for this exercise re- tail rampant illegal logging, mining, and re- Relief in 2006, Reverend Jackson also helped quired very specific calculations, and Gene’s source degradation. This resolution condemns organize a team of Oakland Pastors to raise expertise was needed for the test. Even with this ongoing tragedy and calls for the restora- relief funds during a citywide gathering at the pneumonia, Colonel Blade decided to take tion of rule of law. It is my hope that calling at- Oakland Coliseum. Whether working with an part in the test and was transported via ambu- tention to this issue will spur change. interfaith coalition to rebuild burned black lance to the testing area so he could com- f churches in Boligee, Alabama, or simply lend- mence the demonstration. The event occurred ing an ear to a friend in need—Reverend without any problems, in fact, it was performed REVEREND DR. FRANK JACKSON Jackson always made time to help others. quicker than any previous test. After the dem- Additionally, he was a great lover of sports, onstration, Gene was transported via ambu- HON. BARBARA LEE earning his Black Belt in Korean Judo and lance back to the hospital. Gene’s commit- OF CALIFORNIA serving as Chaplain for the Golden State War- ment to the Army was so evident, that the IN THE HOUSE OF REPRESENTATIVES riors Basketball Team and other pro- and col- Army Chief of Staff personally thanked him for lege teams. In his later years, Reverend Jack- going above and beyond the call of duty. Thursday, October 15, 2009 son stayed active as trustee, co-chair or com- After serving 40 years in the Army, Colonel Ms. LEE of California. Madam Speaker, I mittee member for myriad organizations, even Blade retired as a United States Property and rise today to honor the wonderful life of Rev- earning a Doctor of Ministry from McCormick Fiscal Officer for the Illinois National Guard erend Dr. Frank Jackson. His vibrant spirit, Theological Seminary just last year. and joined Hanson Professional Services Inc. limitless compassion and selfless commitment Pastor Jackson was a personal friend and as a special consultant, working with Depart- to service will be missed by all who knew him. source of inspiration to me. Often times he ment of Defense clients. Even in the private Through his ministry at Faith Presbyterian would leave a prayer on my voicemail and his sector, Gene continued to serve his country. Church of Oakland, Reverend Jackson words of encouragement always came, ‘‘right Using his skills and knowledge, he provided brought our community to a greater under- on time.’’ I will always remember the joy and consulting services for 15 years and worked standing of the Gospel of Jesus Christ and the excitement Reverend Jackson felt at the Na- on several notable projects for the Illinois, Indi- life of the Church. He was an exemplary hus- tional Prayer Breakfast this year in Wash- ana, Florida, and Missouri National Guards. band, father, pastor, community leader, teach- ington D.C., when along with Mrs. Jackson Additionally, Colonel Blade has served on er and friend. With his passing on September and Pastor and Mrs. Pinkard, he witnessed the U.S. Department of Defense’s Base Clo- 11, 2009, we look to Reverend Jackson’s leg- our President Barack Obama and First Lady sure and Realignment Commission (BRAC) for acy and the joy his work inspired. participate in their first national prayer break- military bases in Illinois, and he continues to After earning a bachelor’s degree at San fast. This week, as I looked at the photos serve on the Governor’s post-BRAC commis- Francisco’s Simpson College in 1972, Rev- once again after learning of Reverend Jack- sion for future economic development efforts. erend Jackson pursued a Master of Divinity at son’s untimely death, I was reminded of his He is also an active member and an employer Fuller Theological Seminary in Pasadena, kind and gentle spirit. His life was one lived in outreach representative for the Employer Sup- California. Reverend Jackson also became the service to God. port of the Guard and Reserve program.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00017 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25056 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 Throughout his life and career, Gene’s dedi- clean-up effort for the Dale City Fourth of July often life threatening illnesses. It is clear that cation and achievements have made a posi- parade route, a large scale community beau- without his dedication and hard work, the tri- tive impact on the U.S. military, the State of Il- tification effort that inspired others to take up umphs in research, treatment and patient and linois, and our great Nation. Today, at 75 the Council’s mission. Ms. Moser is truly de- family care that the hospital provides would years of age, Colonel Blade will celebrate his voted to her community’s quality of life and not be possible. Mr. Shadyac will be missed retirement from Hanson. I’m told he looks for- does not shy away from a long, hard day of by those whose lives were in some way ward to spending time golfing, traveling, wood- work to make Prince William County a pleas- touched by him. working, and also writing a book of his mem- ant place to live. oirs. I thank him for his service, and wish him Madam Speaker, we create safer, cleaner f the very best. neighborhoods when residents take ownership f over their communities. The Clean Community 20TH ANNIVERSARY OF THE VI- Council asks Prince William residents to take SION OF A THOUSAND ‘‘POINTS RECOGNIZING PRINCE WILLIAM pride in their county and work to eliminate not OF LIGHT’’ CLEAN COMMUNITY COUNCIL just litter and graffiti but the carelessness that AND ITS 2009 VOLUNTEER OF allows these community plagues to proliferate. THE YEAR CONNIE MOSER I ask my colleagues to join me in recognizing HON. JOHN LEWIS the successes of the Prince William Clean OF GEORGIA HON. GERALD E. CONNOLLY Community Council and congratulating Connie OF VIRGINIA Moser on being named the recipient of its 1st IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES Volunteer of the Year Award. Thursday, October 15, 2009 Thursday, October 15, 2009 f Mr. CONNOLLY of Virginia. Madam Speak- IN REMEMBRANCE OF RICHARD C. Mr. LEWIS of Georgia. Madam Speaker, I er, I rise to recognize the Prince William Clean SHADYAC SR. rise today to commemorate the 20th anniver- Community Council and its 2009 Volunteer of sary of the vision of a thousand ‘‘Points of the Year, Connie Moser. With the help of dedi- HON. DENNIS J. KUCINICH Light’’ and to celebrate the growing tide of commitment to service and volunteering that is cated volunteers like Ms. Moser, the Council OF OHIO a hallmark of this great nation. Tomorrow, works to eliminate litter and graffiti in Prince IN THE HOUSE OF REPRESENTATIVES William neighborhoods and commercial cen- President George H. W. Bush and President ters. Thursday, October 15, 2009 Barack Obama are together to mark this im- The Council was conceived in 1982 during Mr. KUCINICH. Madam Speaker, I rise portant milestone in the history of the service a spring cleanup effort led by a group of con- today in remembrance of Richard C. Shadyac movement. cerned Prince William County residents. Sr. who served on the Board of Directors and Twenty years ago, President Bush spoke of These volunteers, who later became the Governors of St. Jude Children’s Research a thousand points of light, individuals and or- founding members of the Council, immediately Hospital and the American Lebanese Syrian ganizations ‘‘spread like stars throughout the recognized the importance of litter prevention Associated Charities (ALSAC) for more than nation, doing good.’’ From this idea rose the education as a way to long-term environ- forty years. Mr. Shadyac had a true passion Points of Light Foundation which has both rec- mental protection and preservation. In 1986, and devotion to the children and families that ognized and organized exemplary acts of giv- the Prince William County Litter Control Coun- fight catastrophic pediatric diseases at St. ing for the past two decades. cil was born. The organization later changed Jude Children’s Research Hospital. its name to the Clean Community Council, and Mr. Shadyac began his illustrious and influ- In 2007, it merged with Hands On Network, it became an affiliate of Keep America Beau- ential career as a member of ALSAC and of which started in my district, in the city of At- tiful, a nationwide non-profit that uses edu- St. Jude Hospital Boards of Directors and lanta, and the combined organization is now cation and hands-on stewardship to advocate Governors in 1963. He also served as the Points of Light Institute, the largest volun- litter control, waste reduction, and community ALSAC’s general counsel. In 1992, after the teer network in the country. Their mission is to beautification. passing of Danny Thomas, the founder of St. mobilize, not just a thousand, but millions to The Council’s litter prevention and graffiti Jude Children’s Research Hospital, Mr. answer the call to solve our most pressing abatement efforts have not gone unnoticed. Shadyac became the CEO of ALSAC. Upon problems—volunteers working together to help The Council’s accolades include a 1994 Gov- taking on his new leadership role, Mr. those with HIV in San Francisco, building ernors Award for Volunteering Excellence. The Shadyac worked tirelessly to continue the leg- wheelchair ramps in Greenville, and creating Council was a 2000 Virginia Stewardship acy and dream of his friend, Danny Thomas award-winning tutoring programs in Atlanta. Award Winner in the Communication/Edu- who said, ‘‘No child should die in the dawn of In today’s hard times, people are hurting. cation Category, and it received the Prince life.’’ Mr. Shadyac served as the CEO until his Americans are having to choose between pay- William County 2001 Partners for the Potomac retirement in 2005. ing their mortgages and putting food on the Environmental Patron Award, 2000 and 2002 During the 13 years he led ALSAC, public table. In these tough times it is more important Keep America Beautiful National Awards and funding for St. Jude Children’s Research Hos- than ever that we, as American citizens, give a 2008 Keep America Beautiful President’s pital quadrupled. By 2005, ALSAC had be- back to those in need. National Service be- Circle Recognition Award. come the third largest health-care charity in comes ever more important when people are The Council’s volunteers always have been the U.S. and is currently the second largest. hurting. I am proud of my fellow citizens who essential to its success and the 1st Volunteer During Mr. Shadyac’s tenure, St. Jude Chil- have heeded the calls to service, and have of the Year Award is a way to recognize their dren’s Research Hospital was also able to un- dedicated their time to helping others. In 2008, invaluable support. The recipient, Connie dergo a $1 billion expansion that strengthened 61.8 million Americans volunteered, dedicating Moser, is a resident of Dale City, VA, and sits the hospital’s capacity to focus on patient and more than 8 billion hours of service worth an on the Council’s board of directors. She teach- family care and to conduct research for chil- estimated $162 billion. es the Council’s principles and goals to a dren with catastrophic diseases. His compas- number of other organizations that benefit sion and dedication to provide free care for The Points of Light Institute and its 250 from her involvement. She is acting Secretary the children and families who seek treatment Hands On Action Centers reach 80 percent of for the Dale City Civic Association, a volunteer was immeasurable and the driving force of his our nation’s communities have been at the for the Prince William County Habitat for Hu- work. forefront of this remarkable growth. I am so manity, maintains two ‘‘Adopt-A-Spots’’ for the Madam Speaker and colleagues, please join pleased to be able to recognize this organiza- Prince William Clean Community Council, me in remembrance of Richard Shadyac Sr. tion’s first 20 years of harnessing the energy serves on the Prince William County Neigh- who spent years of his life working on behalf and enthusiasm of our people to be a part of borhood Leader’s Group and is the founder of of the countless sick and struggling children a better world and their ongoing contributions the Lindendale Community Group. Remark- who come to St. Jude Children’s Research as a part of President Obama’s United We ably, she found time this year to coordinate a Hospital to fight, treat and care for what are Serve initiative.

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00018 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD October 15, 2009 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 25057 INTRODUCING THE EVERY CHILD and no to bigotry by cosponsoring the ‘‘Every gather at Temescal Regional Park, over- DESERVES A FAMILY ACT Child Deserves a Family Act’’ and working looking open space created through the found- with me to make it law. ing of the nation’s first and largest Regional HON. FORTNEY PETE STARK f Park District. OF CALIFORNIA In 1934, during the catastrophic depths of RECOGNIZING NATIONAL LATINO the Great Depression, members of a grass- IN THE HOUSE OF REPRESENTATIVES AIDS AWARENESS DAY OF 2009 roots land preservation movement placed a Thursday, October 15, 2009 measure on the ballot that would preserve ex- Mr. STARK. Madam Speaker, I rise today to HON. EDDIE BERNICE JOHNSON cess watershed land in the Oakland and introduce legislation that will open up thou- OF TEXAS Berkeley hills. The project introduced a con- cept unheard of at the time: creating a natural sands of good homes to foster children. On IN THE HOUSE OF REPRESENTATIVES any given day, there are approximately balance between recreational land use and 500,000 children in the child welfare system. Thursday, October 15, 2009 wilderness preservation. Bay Area residents Over 125,000 of these abused and neglected Ms. EDDIE BERNICE JOHNSON of Texas. responded with unprecedented foresight and children are waiting to be adopted. There is an Madam Speaker, I rise today to recognize Na- civic commitment when the measure passed acute shortage, however, of adoptive and fos- tional Latino AIDS Awareness Day of 2009 by an astonishing 71 percent. ter parents. The result is that many children, which takes place today on Thursday, October Today, the East Bay Regional Park District, particularly minority and special needs chil- 15, 2009. I want to commend the various indi- EBRPD, operating in Alameda and Contra dren, languish in foster care without perma- viduals and groups that have worked hard to Costa counties, manages more than 98,000 nent homes. The severe developmental, emo- make this day a reality including the Hispanic acres of land comprising 65 parks and over tional, and educational costs to children raised Federation, the Latino Commission on AIDS, 1,000 miles of biking, hiking and horse riding trails. The parks host approximately 14 million in foster care are well documented. The the National Alliance of State and Territorial AIDS Directors, and various other local, re- visitors per year. 25,000 youth who never find a permanent The District, supported by the Regional gional, and national partners. family and ‘‘age out’’ of the system each year Parks Foundation’s fundraising efforts, pro- National Latino AIDS Awareness Day is an are more likely than nearly any other group to vides recreational opportunities at freshwater become homeless, incarcerated, or suffer with incredibly important day that helps bring atten- swimming areas, fishing docks and piers, day mental illness or substance abuse. tion to the problems the Latino community camps, children’s play areas and numerous Despite the shortage of adoptive and foster faces in regards to the HIV/AIDS crisis. While camping and picnic sites. parents and the terrible consequences of long the HIV/AIDS problem is an issue that affects Myriad visitor services include education stays in the child welfare system, some states every racial and ethnic group in the United centers, a disabled-access swimming pool and have enacted discriminatory bans prohibiting States, it unfortunately has a disproportionate group meeting facilities. The District’s Park Ex- children from being placed with qualified par- impact on the Latino community. In 2006, press Bus Program offers subsidized bus ents due to the parent’s marital status or sex- there were roughly 80,000 Latinos living with service to any District park for groups of sen- ual orientation. Currently, over 65,000 adopted AIDS, representing 18 percent of all those liv- ior, disabled or low-income residents and children and 14,000 foster children are living ing with the disease, and although Latinos school classes with funded lunch programs. with a gay or lesbian parent. Studies suggest compromise 15.3 percent of the U.S. popu- Our regional parks’ success is the result of that upward of 2 million gay and lesbian indi- lation, they account for 24.3 percent of new eight decades of hard work by innumerable viduals are interested in adopting or fostering HIV infections. Additionally, stigma within the citizen activists, elected district directors, gen- a child. Yet, statewide discriminatory bans and community, lack of access to health care, and eral managers, district employees, environ- the practices of individual adoption agencies misinformation about the virus make it difficult mental organizations, public officials, volun- have resulted in fewer children being placed in to combat. Truly, this must be changed, and teers, and taxpayers who have collaborated to safe and permanent homes. embracing the goals and ideas of National ensure local access to a majestic regional Congress invests over $8 billion in the child Latino AIDS Awareness Day is a step towards park system. Many park sites also contain pro- welfare system each year and we should not making that happen. tected species of plants and animals, as well accept policies that use Federal funds to enact I am reminded, too, that the Latino commu- as Native American historical sites containing barriers to adoption and close the door to nity is not alone in this struggle. Other ethnic rock art, and burial or village locations. Above thousands of potential homes. Multiple studies groups and particularly the African-American all, EBRPD’s top priority remains aligned with have found that adopted and foster children community are disproportionately affected by our park founders’ original mission: to pre- raised by gay and lesbian parents fare just as HIV/AIDS. We must all stand together, learn serve the natural beauty of the land and pro- well as their peers being raised by hetero- from each other, and work toward ending this tect wildlife habitats. sexual parents. virus that hurts so many people in our country The future of East Bay Regional Park Dis- When considering a potential placement for and across the world. trict is marked by growth and stability thanks a child, the only criteria should be what is in Madam Speaker, I urge my fellow col- to last year’s passage of Measure WW, the the child’s best interest and whether the pro- leagues to join me today in recognizing Na- largest local park bond measure to pass on spective parents can provide a safe and nur- tional Latino AIDS Awareness Day for the bet- record. turing home. Bigotry should play no part in this terment of our country and the health of the Seventy-five years ago, Bay Area park ad- decision. That is why I am introducing the numerous ethnic groups that add so much to vocates demonstrated a pioneering and pro- ‘‘Every Child Deserves a Family Act.’’ This our national character. gressive local spirit, which endures to this day. The rich history of our regional parks has un- legislation would simply prohibit any entity that f receives Federal child welfare funds from de- doubtedly helped lay the framework for the nying or delaying adoption or foster care EAST BAY REGIONAL PARK DIS- Bay Area’s famed conservation movement. It placements based solely on the prospective TRICT AND THE REGIONAL is this continued passion for open spaces and parent’s marital status or sexual orientation. PARKS FOUNDATION preservation that inspires communities, on a States and child welfare agencies that fail to national and global level, to protect and pre- end discriminatory practices would face finan- HON. BARBARA LEE serve both the environment—and our future. cial penalties. This is the same approach that OF CALIFORNIA f put an end to race discrimination in adoption IN THE HOUSE OF REPRESENTATIVES PERSONAL EXPLANATION and foster care placements. Abused and neglected children in our child Thursday, October 15, 2009 welfare system are some of the most vulner- Ms. LEE of California. Madam Speaker, I HON. DEBBIE WASSERMAN SCHULTZ OF FLORIDA able members of our society. We cannot allow rise today to honor the joint anniversary cele- IN THE HOUSE OF REPRESENTATIVES divisive politics to further harm these children bration of East Bay Regional Park District’s by shrinking the number of prospective adop- 75th Anniversary and the supporting Regional Thursday, October 15, 2009 tive and foster parents. I urge all of my col- Parks Foundation’s 40th Anniversary. This Ms. WASSERMAN SCHULTZ. Madam leagues to join me in saying yes to children evening, Park District supporters and friends Speaker, on October 14, 2009, I missed the

VerDate Mar 15 2010 12:28 Apr 10, 2012 Jkt 079102 PO 00000 Frm 00019 Fmt 0689 Sfmt 9920 E:\BR09\E15OC9.000 E15OC9 erowe on DSK2VPTVN1PROD with BOUND RECORD 25058 EXTENSIONS OF REMARKS, Vol. 155, Pt. 18 October 15, 2009 following Rollcall Votes due to a longstanding my salute today to Art Van Elslander on 50 Madam Speaker, I ask that you join with me commitment away from Washington: years of vision, perseverance and ‘‘giving today to honor Reverend Charles T. Sembly 1. Rollcall vote No. 775, H. Res. 768, Ex- back’’ to our community; and to Art Van Fur- and First Lady Pamela J. Sembly for their out- pressing support for the designation of the niture and each of its thousands of employees standing service to the Union Bethel A.M.E. Month of October as ‘‘National Work and Fam- over the years, on 50 years of business Church and their continued commitment to en- ily Month’’. growth and success. hancing lives in their community. 2. Rollcall vote No. 776, H.R. 1327, the Iran f f Sanctions Enabling Act. 3. Rollcall Vote 777, H. Res. 816, Mourning PASTOR CHARLES T. SEMBLY AND HONORING DEBORAH PEEPLES the loss of life caused by the earthquakes and FIRST LADY PAMELA J. SEMBLY tsunamis that occurred on September 29, HON. JAMES P. McGOVERN 2009. HON. C.A. DUTCH RUPPERSBERGER OF MASSACHUSETTS 4. Rollcall Vote 778, H.R. 3371, Airline OF MARYLAND IN THE HOUSE OF REPRESENTATIVES Safety and Pilot Training Improvement Act of IN THE HOUSE OF REPRESENTATIVES Thursday, October 15, 2009 2009. Thursday, October 15, 2009 5. Rollcall Vote 779, H. Res. 786, Com- Mr. MCGOVERN. Madam Speaker, I rise memorating the canonization of Father Mr. RUPPERSBERGER. Madam Speaker, I today in honor of Deborah Peeples of Shrews- Damien de Veuster, SS.CC. to sainthood. rise before you today to honor Reverend bury, Massachusetts. Through Mrs. Peeples’ If present, I would have voted ‘‘yea’’ on all Charles T. Sembly and First Lady Pamela J. public service and dedication to the commu- matters. Sembly for their 25 years of faithful, dedicated nity she inspires us all. In acknowledgement of f service to Union Bethel A.M.E. Church. her service and commitment to the advance- Following in the footsteps of his father, the ment of the Democratic Party, Deborah has 50TH ANNIVERSARY OF ART VAN late Rev. Edgar L. James, Pastor Sembly been selected to receive the Eleanor Roo- FURNITURE earned his license to preach on March 17, sevelt Humanitarian Award from the Shrews- 1971, and was ordained an African Methodist bury Democratic Town Committee. HON. GARY C. PETERS Episcopal Itinerant Deacon in 1978 and an Deborah has done a tremendous amount of OF MICHIGAN Itinerant Elder in 1979. In 1982, Pastor work for the Town of Shrewsbury. She has IN THE HOUSE OF REPRESENTATIVES Sembly was appointed Pastor of Mt. Zion Afri- served as an elected Town Meeting Member can Methodist Episcopal Church in Knoxville, and member of the Shrewsbury School Com- Thursday, October 15, 2009 Maryland. During the mid-year Conference on mittee. During this time she played an active Mr. PETERS. Madam Speaker, I rise today October 24, 1984, Pastor Sembly was ap- role in four school building projects. Currently, to commemorate the 50th Anniversary of Art pointed to Union Bethel African Methodist Mrs. Peeples serves as the Treasurer for the Van Furniture, an iconic fixture in the retail Episcopal Church. Board of Friends of the Shrewsbury Public Li- world of Michigan that was founded by Art Pastor Sembly and Mrs. Sembly have pro- brary. She founded and ran the Summer Van Elslander, a much admired and prominent vided noteworthy spiritual leadership in ful- R.E.C.E.S.S. reading program which continues figure in the metro-Detroit community. filling their vision of growth and development to this day. Deborah Peeples is dedicated to The story of Art Van Elslander and the rise at Union Bethel A.M.E. Church. During Pastor improving the community of Shrewsbury. of Art Van Furniture to its dominant position in Sembly’s tenure, the church established over Deborah Peeples has been an active mem- the retail furniture world is the American 40 ministries and outreach programs to en- ber and is the current Co-Vice Chair of the Dream fully realized. As a son of Belgian im- hance the Randallstown community. Under his Town Democratic Committee. She has been migrants and growing up on Detroit’s east leadership, the church created a nonprofit involved in Democratic campaigns for a very side, Archie ‘‘Art’’ Van Elslander’s entrepre- Community Development Corporation to in- long time, from leafleting for George McGov- neurial spirit shone brightly even as a young- crease its social outreach and opportunities for ern in 1972 and more recently, campaigning ster when he hawked newspapers up and service to the greater Northwest Baltimore for Hillary Clinton, Shannon O’Brien, Bill Clin- down Detroit’s Gratiot Avenue. After high County community. As local President of the ton and Deval Patrick. I will be forever grateful school, military service and working at a local Lillian M. Dorsey Senior Missionary, Mrs. to her for her friendship and hard work helping furniture store, Mr. Van Elslander entered the Sembly established several on-going outreach in my Congressional campaigns. Deborah is a world of entrepreneurs. Heeding his father’s programs, which include the Good Samaritan graduate of Washington University in St Louis. advice to ‘‘control your own destiny,’’ Mr. Van Ministry, the Senior Outreach Ministry and pro- Currently she serves as Executive Director of Elslander mortgaged his home and borrowed vided additional support to three area shelters. ELNA (Education and Leadership for a Non- against insurance policies to finance his first Pastor Sembly is currently a Trustee and violent Age) Collaborative, working with middle store. Member of the Finance Committee of the Sec- and high school students promoting leader- Through times both flourishing and faltering ond Episcopal District Washington Con- ship, civic participation and social activism. in the subsequent years, the fortunes of Art ference, and an Instructor of the Second Epis- Deborah’s devotion to the betterment of our Van Furniture ebbed and flowed with the eco- copal District Washington Conference Board community and her commitment to public nomic cycles of the Michigan economy. Ulti- of Examiners. Pastor Sembly conceptualized service enrich us all. In tribute to her out- mately, it grew to more than 30 locations and developed the Six-Week Lenten Services standing service to the Town of Shrewsbury, I across Michigan and employing more than with seven A.M.E. Churches and is a former congratulate my friend, Deborah Peeples on 2500. Over the years, Art Van Furniture has Recording Secretary for the Second Episcopal receiving this award. I know all my colleagues adapted to the changing environment, and District Washington Conference. will join me in paying tribute to her. quite literally so. Art Van has been named a Mrs. Sembly is very active in the Women’s f ‘‘GreenTailer’’ by the Michigan Retailers Asso- Missionary Society of the African Methodist ciation after adopting a variety of Earth-friendly Episcopal Church. She currently serves as the HONORING MRS. DEBRA JOHNSON practices ranging from the installation of En- President of the Lillian M. Dorsey Senior Mis- ergy Management Systems to recycling tons sionary Society of Union Bethel A.M.E. HON. STEPHANIE HERSETH SANDLIN of waste. It has been continually named as Church. She has served for more than 8 years OF SOUTH DAKOTA one of West Michigan’s Best and Brightest as the Recording Secretary and the Treasurer IN THE HOUSE OF REPRESENTATIVES places to work. of the Matilda Monroe Area. She was also the Over the past 50 years, Art Van has grown Editor of the ‘‘Bridge,’’ the Second Episcopal Thursday, October 15, 2009 to be Michgan’s largest furniture retailer. And District WMS Newsletter, and was elected a Ms. HERSETH SANDLIN. Madam Speaker, during those years, Art Van Elslander became Delegate to the 15th and 16th Quadrennial I want to take this opportunity to recognize renowned and admired as a pillar of the phil- Conventions. Mrs. Debra Johnson, Principal of Chamberlain anthropic community and a stalwart business Married for 35 years, Pastor Sembly and Middle School and High School in Chamber- leader committed to Michigan and its citizens. First Lady Mrs. Pamela J. Sembly have three lain, South Dakota. Mrs. Johnson was named Madam Speaker, I ask my colleagues to join loving children and six grandchildren. South Dakota Middle School Principal of the

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He is the au- I am grateful to have known so many grad- learning opportunities for students as well as thor of ‘‘For Those in Peril: Shipwrecks of Ot- uates such as Congressman J. GRESHAM BAR- demonstrating exemplary contributions to the tawa County’’ due to be published in 2009. RETT and Congressman STEVE BUYER of this profession. Craig and his wife Vickie have been married important institution and will continue to be a Mrs. Johnson has devoted 29 years to edu- since 1975 and have two daughters; Allison, proud supporter. Under the leadership of its cation, including more than 17 years as an ad- an English teacher in Florida, and Catherine, President, LTG John W. Rosa, The Citadel is ministrator. One of her proudest achievements a student at Northern Michigan University. a valued national institution. was combining separate buildings for grades f f 5–8 and grades 9–12 into a joint middle school and high school in Chamberlain, where PERSONAL EXPLANATION PAKISTAN-U.S. RELATIONS staff can work together to address issues, im- plement effective teaching strategies, and de- HON. DAN BOREN HON. DENNIS J. KUCINICH sign plans so that all students can achieve at OF OKLAHOMA OF OHIO their highest level. Mrs. Johnson recognizes IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES the value of a well-rounded education beyond Thursday, October 15, 2009 just the classroom and has been a strong sup- Thursday, October 15, 2009 porter and advocate of quality afterschool ac- Mr. BOREN. Madam Speaker, on rollcall Mr. KUCINICH. Madam Speaker, I have tivities. Her leadership, organization, and plan- No. 776 for the Iran Sanctions Enabling Act of been a strong supporter of the friendship be- ning skills have served students, teachers, 2009, if I had been present, I would have tween the people of the Islamic Republic of and fellow administrators well throughout her voted ‘‘aye.’’ Pakistan and the United States, and I have career. f supported efforts to strengthen the bonds be- I send best wishes and congratulations to tween the countries as well as efforts that ad- Mrs. Johnson on this noteworthy recognition PERSONAL EXPLANATION dress our mutual security interests. and thank her for her years of service as an The current economic situation is the pri- educator in South Dakota. HON. RUSH D. HOLT mary challenge to achieving these mutual f OF NEW JERSEY goals. IN THE HOUSE OF REPRESENTATIVES Unfortunately, the economy of Pakistan is RECOGNIZING HOLLAND CITY under considerable stress right now. The COUNCILMAN CRAIG RICH FOR Thursday, October 15, 2009 value of the rupee is at a historical low relative HIS YEARS OF SERVICE ON THE Mr. HOLT. Madam Speaker, on Wednesday to the dollar, and international reserves have HOLLAND CITY COUNCIL October 14, 2009 I was unavoidably detained declined by $7 billion—more than half—in one and missed one vote. year’s time. HON. PETER HOEKSTRA Had I been present I would have voted Additionally, the current inflation rate is 25 OF MICHIGAN ‘‘yea’’ on H. Res. 768, a resolution expressing percent and consumer prices are the highest IN THE HOUSE OF REPRESENTATIVES support for the designation of the month of they have been in over 30 years. Thursday, October 15, 2009 October as ‘‘National Work and Family Month The U.S. wishes to disrupt and dismantle Mr. HOEKSTRA. Madam Speaker, I rise (Rollcall 775). the existence of terrorist safe havens in Paki- here today to congratulate Councilman Craig f stan to bring stability and peace to the region. Rich on many years serving on the Holland As such, it is important to examine the root CONGRATULATIONS TO THE cause of terrorism, desperation. This despera- City Council. CITADEL Craig Rich grew up in Holland where his tion is best addressed by ensuring that U.S. family has lived since 1910. He is a 1972 foreign policy promotes worldwide economic graduate of Holland High School and holds a HON. JOE WILSON stability. business degree from Davenport College. He OF SOUTH CAROLINA We must lay the foundation of human secu- and his father operated radio station WZND in IN THE HOUSE OF REPRESENTATIVES rity and capacity building which includes en- suring educational opportunities, economic Zeeland from 1971 through 1986. Since then Thursday, October 15, 2009 he has been with the Grand Rapids Business and social justice, and physical and mental Journal, a weekly business-to-business news- Mr. WILSON of South Carolina. Madam health care for everyone. paper in Grand Rapids, as advertising sales Speaker, The U.S. News and World Report, in As such, I have not supported the current consultant and sales manager. their publication titled ‘‘America’s Best Col- plans by the Administration to provide military Craig was first appointed to the Holland City leges 2010’’, recently named The Citadel as training and defense articles to Pakistan. Council in 1982 at 28 years old and has since the No. 1 best value among master’s degree- The foundation of a peaceful society is root- been elected in 1983 and re-elected in 1985, granting colleges in the South. This is a tre- ed not in military might, but by ensuring that 1989, 1993, 1997, 2001 and 2005. Craig also mendous recognition for the cadets, students, people’s basic needs are met. This is the key served as Holland’s Mayor ProTem from 1987 faculty, and administration of this esteemed component to achieve human security. In to 2007. His ward represents the true center South Carolina institution. In addition to being Pakistan, where approximately two-thirds of of the city—bordered by 14th and 15th streets the best value, The Citadel was also named the people of Pakistan are living on less than and Lake Macatawa on the north, 24th street the No. 2 best public institution that offers a $2 a day, there is much that must be done to on the south, River, Michigan and Central ave- master’s degree in the South and the No. 5 ensure that this key component to human se- nues on the east and Graafschap Road on the among all master’s degree-granting colleges curity is achieved. west. and universities in the South that offers a Additionally, I have vociferously opposed Craig is the Council’s liaison to the Zoning master’s degree. U.S. drone attacks on Pakistan. These attacks Board of Appeals and the Board of Public Born and raised in Charleston, I have been cause devastation to the innocent civilian pop- Works. He is most proud of having decreased a longtime admirer and supporter of The Cita- ulation. I understand the opposition to the or maintained the general fund tax rate 17 del. For 167 years, it has educated and built drone attacks by the government of Pakistan. times since being elected to office while, at strong leaders in our military and civilian com- I will continue to work with my colleagues in the same time, maintaining or increasing the munities. It remains an important part of South Congress to address this issue and pursue a level of essential city services. Carolina’s heritage of service. I know firsthand dialog with Special Envoy Holbrook. In addition to his service on the City Coun- of its benefits with three brothers-in-law and Some have proposed establishing free trade cil, Craig is active at Christ Memorial Re- two nephews who are graduates of The Cita- agreements with Pakistan. The current U.S.

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Memorial Health University Medical Center in IN HONOR OF JOHN MARHEFKA, Despite encouraging signs of economic sta- Savannah, Georgia. PENNSYLVANIA D.A.R.E. OFFI- bilization, millions of vulnerable citizens con- Oscar Mayer’s work and charity were widely CER OF THE YEAR tinue to struggle in the wake of a recession recognized by his community. He received that brought record housing foreclosures, job Honorary Doctor of Laws degrees from the HON. JOHN P. MURTHA losses and bankruptcies. Particularly hard hit University of Wisconsin—Madison in 1977, OF PENNSYLVANIA are older Americans who have seen the value Beloit College in 1978, and later from Edge- IN THE HOUSE OF REPRESENTATIVES of their assets and savings wiped out, forcing wood College in Madison in 1991. In 1990, Mr. Mayer became one of the first inductees Thursday, October 15, 2009 them to postpone retirement or reenter the workforce, if employment can be found. into the Wisconsin Business Hall of Fame. Mr. MURTHA. Madam Speaker, I rise today We must ensure that the purchasing power Oscar Mayer’s devotion to his family, com- in honor of Patrolman John Marhefka of Lower of older and disabled Americans remains pany, its employees, the state of Wisconsin Burrell, Pennsylvania. He was recently named strong. To that end, I look forward to working and specifically the city of Madison has left a Pennsylvania’s top Drug Awareness and Re- with my colleagues and the President to enact lasting impression. I join Rep. KINGSTON and sistance Education (D.A.R.E.) Officer of the policies that will help rebuild retirement sav- the greater Madison community in honoring Year. ings, restore lost asset value and achieve his life’s work and loving spirit. For twelve years, Marhefka has been dedi- long-lasting financial security and independ- f cated to preventing illegal drug usage through ence. MARY MORRIS LAWRENCE D.A.R.E., a program where police officers go f into schools to teach young people about the dangers of illegal drugs. The D.A.R.E. pro- HONORING OSCAR GUSTAVE HON. BARBARA LEE gram encourages students to make good life MAYER, JR. OF CALIFORNIA decisions by warning them about the risks of IN THE HOUSE OF REPRESENTATIVES substance abuse and violence. The relation- HON. TAMMY BALDWIN Thursday, October 15, 2009 ships that develop between the officers and OF WISCONSIN Ms. LEE of California. Madam Speaker, I their students open new lines of communica- IN THE HOUSE OF REPRESENTATIVES rise today to honor the extraordinary life of tion and help to strengthen community ties. Thursday, October 15, 2009 Mary Morris Lawrence. As a premier photog- While there are more than 1,000 D.A.R.E. rapher, trailblazer and free spirit, she helped officers throughout Pennsylvania, Marhefka is Ms. BALDWIN. Madam Speaker, Rep. JACK shatter the glass ceiling for female profes- one that goes above and beyond what is ex- KINGSTON and I rise today to honor the life sionals by becoming one of the first female pected of him. Over his time as a D.A.R.E. of- and legacy of Oscar G. Mayer, Jr., of Madi- photojournalists ever hired by New York’s As- ficer, he has taught over 700 Burrell students son, Wisconsin. Mr. Mayer’s death last July sociated Press in November of 1936. Mary from kindergarten to 12th grade. Marhefka was mourned by his widow, Geraldine, his was also a vibrant inspiration to her family and makes a genuine effort to form a relationship family, the Madison community and the cele- friends as wife, mother and mentor. She with each of his students. He is known for his brated company he, his father and grandfather passed away in her Oakland, California home participation in recess and school family fun built over the past 125 years. Rosalie Harrison on August 12, 2009, at the age of 95. nights. Most importantly, Marhefka gives stu- Mayer, his first wife of 56 years, passed away Over the span of her globe-trotting career, dents the opportunity to get to know him, in- in 1998. Mary was columnist and Hollywood photog- creasing their comfort with local authorities Starting with Oscar Mayer & Co. in Chicago rapher for New York’s progressive tabloid PM, and their trust in the police. in 1936 as a production trainee, Mr. Mayer de- photojournalist for Look Magazine, and creator Madam Speaker, Marhefka’s dedication to voted his entire business career to the com- of a variety of award-winning projects. Her the D.A.R.E. program has given students the pany his grandfather started in 1883. After the photo of composer Louis Hart even became a knowledge and confidence they need to avoid deaths of his grandfather and father, Mr. U.S. postage stamp. the temptation of peer pressure. I commend Mayer served as President and later Chairman Mary Morris Lawrence was born in Chicago, him for his dedication to the prevention of ille- of Oscar Mayer & Co., leading the company Illinois on March 27, 1914. She graduated gal drug use and for his outstanding commit- through one of the most productive periods in from Sarah Lawrence College in 1936, and ment to promoting safety in his community. its history. often attributed her distinct ambitions, creative f Although raised in Illinois, Mr. Mayer moved prowess and ‘‘rebellious ideas’’ to the time she to Madison, Wisconsin in 1946, while serving spent there. In the early years, colleagues de- SOCIAL SECURITY COST OF LIVING as Assistant to the Vice President of Oper- scribed Mary as a hard worker with a knack ADJUSTMENT ations. Then in 1957, as company president, for using her wit to gain access to great shots Mr. Mayer moved Oscar Mayer & Co.’s head- and poignant moments with her small HON. JAMES R. LANGEVIN quarters to the Wisconsin state capital. Once RolleiFlex camera. OF RHODE ISLAND rooted in Wisconsin, Oscar Mayer’s generosity Mary spent six years in Hollywood during IN THE HOUSE OF REPRESENTATIVES and kindness were felt in every corner of the her first marriage with still photographer Ralph greater Madison community. Steiner, with whom she had a daughter, Anto- Thursday, October 15, 2009 An impassioned philanthropist, Oscar Mayer nia Steiner. Her self-described aggressive na- Mr. LANGEVIN. Madam Speaker, I rise never shied away from an opportunity to help ture and creative spirit helped her commingle today in support of the President’s call to pro- his community. Mr. Mayer was instrumental in with movie stars. Sunday magazine pieces for vide assistance to our nation’s elderly, veteran turning the old Capitol Theater on State Street PM featured Mary’s trademark, sleek, black- and disabled citizens who will see no Cost of into Madison’s first civic center. Mr. Mayer and-white portraits of silver screen luminaries. Living Adjustment (COLA) in their 2010 Social was a strong supporter of the Madison Arts Her work included shots of Sophia Loren, Security payments for the first time in over 40 Center and Elvehjem Art Museum and helped Gene Kelly, Marilyn Monroe, Humphrey Bogart years. found the Alexis de Tocqueville Society, which and many others. Since the Great Depression, Social Security has gone on to raise hundreds of thousands Afterward, Mary returned to New York as a has proven a vital safety-net program that has of dollars for the United Way of Dane County. magazine freelancer, producing work for Life, kept over half of our seniors from falling into ‘‘Do the right thing,’’ was Mr. Mayer’s philos- Mademoiselle and other publications. She also poverty. It has been adjusted annually accord- ophy in business and he carried that into his started an advertising business out of a Mid- ing to inflation to maintain the purchasing personal life, donating time, money and serv- town brownstone.

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