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

Vol. 155 WASHINGTON, WEDNESDAY, OCTOBER 21, 2009 No. 153 Senate The Senate met at 9:30 a.m. and was appoint the Honorable JEFF MERKLEY, a Sen- COMMENDING SENATOR JOHN called to order by the Honorable JEFF ator from the State of Oregon, to perform KERRY the duties of the Chair. MERKLEY, a Senator from the State of Mr. REID. Mr. President, the prayer Oregon. ROBERT C. BYRD, President pro tempore. of the Chaplain today was right on point for something that has taken Mr. MERKLEY thereupon assumed PRAYER place in the last 3 or 4 days. In Afghan- the chair as Acting President pro tem- The Chaplain, Dr. Barry C. Black, of- istan, we are at a critical juncture. For pore. fered the following prayer: Afghanistan to move forward and win Let us pray. f the fight against the Taliban, the coun- O Lord, God of hosts, thank You for try must have a legitimate govern- making Yourself known to us in the ra- RECOGNITION OF THE MAJORITY ment. The first round of elections in Af- diant lives of men and women. We are LEADER inspired by the acts of sacrifice and ghanistan was tainted by allegations of service that we witness each day on The ACTING PRESIDENT pro tem- significant fraud, and we faced the pos- Capitol Hill. Thank You for the labor pore. The majority leader is recog- sibility of a potential political crisis in of our lawmakers. May they seek to nized. Afghanistan. I am pleased President give their best ability to the people’s Karzai has recognized the need for a f good, rising above bitterness by an runoff election. The reason I mention sacrifice and unshakable faith in the unstoppable SCHEDULE power of Your providence. So may they service is in relation to Senator JOHN KERRY. If you look at his life, it has be Your obedient servants who shall Mr. REID. Mr. President, following been one of sacrifice, it has been one of not become discouraged by the inevi- leader remarks, there will be a period service to our country—whether in the table setbacks they encounter. May of morning business for 2 hours, with jungles of Vietnam, where he was they also commit their way to You, Senators permitted to speak for up to wounded three times and received a put their trust in You, and know that 10 minutes each. The Republicans will control the first hour and the majority Silver Star for his heroism, or whether You will bring to pass what is best. it was in his capacity as the Demo- We pray in Your Holy Name. Amen. will control the second hour. Following morning business, the Sen- cratic nominee for President or wheth- f ate will proceed to executive session to er it has been as chairman of the For- consider the nomination of Roberto eign Relations Committee. PLEDGE OF ALLEGIANCE He took off for Afghanistan and Lange to be a U.S. district judge for The Honorable JEFF MERKLEY led the Pakistan at a time when he was badly the District of South Dakota. Under an Pledge of Allegiance, as follows: needed. I missed him here. We had agreement reached last night, debate some votes I wish JOHN KERRY could I pledge allegiance to the Flag of the on the nomination will be limited to 2 United States of America, and to the Repub- have been here for. I told him that lic for which it stands, one nation under God, hours, equally divided and controlled when he called me. But he explained indivisible, with liberty and justice for all. between Senators LEAHY and SESSIONS what he was doing there, and imme- or their designees. At 2 p.m., the Sen- f diately upon his hanging up, I received ate will proceed to vote on confirma- a call from Secretary of State Hillary APPOINTMENT OF ACTING tion of the nomination. Clinton, saying: He is doing extremely PRESIDENT PRO TEMPORE Upon disposition of the Lange nomi- good work there. Don’t be upset at him The PRESIDING OFFICER. The nation, Senators should be prepared to because he can’t be here because what clerk will please read a communication vote on the motion to invoke cloture he is doing in Afghanistan is something to the Senate from the President pro on the motion to proceed to S. 1776, the that is vitally important to not only Medicare Physician Fairness Act. tempore (Mr. BYRD). our country but to the world. The assistant legislative clerk read Last night, I filed cloture on the con- That sacrifice and that service—and the following letter: ference report to accompany the De- also the Chaplain mentioned labor— partment of Defense Authorization Act this man worked very hard. He has la- U.S. SENATE, and on the nomination of William Ses- bored, as chairman of this Foreign Re- PRESIDENT PRO TEMPORE, Washington, DC, October 21, 2009. sions to be Chair of the U.S. Sen- lations Committee, as I have never To the Senate: tencing Commission. Senators will be seen. He has been so involved in what Under the provisions of rule I, paragraph 3, notified when these votes are sched- is going on there. Not only is he deal- of the Standing Rules of the Senate, I hereby uled. ing with the issues we see every day—

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

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VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.000 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10588 CONGRESSIONAL RECORD — SENATE October 21, 2009 Afghanistan, Pakistan, North Korea, goals. That is why, over the past few experiment in health care that would with what is going on on the continent months, two very different approaches expand government spending even of Africa—he is involved in global to reform have come into view. more. Now Democrats in Congress are warming because of the treaty implica- For most Democrats, reform seems proposing that we put another $1/4 tril- tions of the treaty we are trying to ne- to come in a single form: a vast expan- lion on the government charge card in gotiate in Copenhagen in December. sion of government, detailed in com- order to prevent a cut in the reim- I am extremely impressed with Sen- plicated, 1,000-page bills, costing tril- bursement rate to doctors who treat ator KERRY always but especially in lions. The only thing that is clear Medicare patients. the last few days. As chairman of the about the Democratic plans are the ba- All of us want to keep this cut from Foreign Relations Committee, he has sics: They cost about $1 trillion, they happening, but the American people played a central role in resolving the increase premiums, raise taxes, and don’t want us to borrow another cent crisis in Afghanistan. slash Medicare. to pay for it, and they don’t want As many have read in the news, he In short, they include a lot of things Democrats in Congress to pretend that had been trying to persuade President Americans did not ask for and do not this $1⁄4 trillion isn’t part of the cost of Karzai that a second round of elections want, and they include very few of the health care reform because it is. It is was necessary—and they were nec- things Americans thought they were also a clear violation of the President’s essary. If you read the press today, it going to get. pledge that health care reform was a touch-and-go thing. It was not What was supposed to be an exercise wouldn’t add a single dime to the def- until President Karzai and Senator in smart, bipartisan, commonsense re- icit over the next decade. In fact, if KERRY took a walk together to talk forms that cut costs and increased ac- Democrats have their way, this bill about what is going on in that part of cess somehow became an exercise in would add nearly 2.5 trillion dimes to the world that the decision was made government expansion that promises to the national debt. Well, the American by President Karzai that he would go raise costs, raise premiums, and slash people have a message for Democrats along with the second election. Medicare for seniors. For Democrats in in Congress: The time to get our fiscal Senator KERRY has worked closely Congress, the original purpose of re- house in order is not tomorrow, it is with our diplomatic team, including form seems to have been blurred. not next year, it is now—right now. Republicans have taken a different Ambassador Eikenberry; Secretary Last week, 10 Democratic Senators approach. We agreed at the outset that Clinton; our National Security Adviser, sent a letter to the majority leader reform was needed. But in our view, General Jones; and others to send a outlining some of the problems that those reforms would not necessarily clear message to President Karzai. can be expected to result from our cost a lot of money, would not add to We all know the situation in Afghan- record deficit and debts. They pointed the debt, and would not expand the istan remains fragile and that there out that each American’s share of to- government. will still be many steps needed to be day’s debt is more than $38,000, that Instead of a massive government- taken so we have a credible and legiti- long-term deficits will lead to higher driven experiment, Republicans have mate government in Kabul. But I be- interest rates and inflation, and all offered commonsense, step-by-step so- lieve very sincerely Senator KERRY this debt threatens to weaken not only lutions to the problems of cost and ac- played a pivotal role in preventing a our basic standard of living but also cess—things such as medical liability crisis in Afghanistan and that his work our national security. Then they make reform, which would save tens of bil- has not only stabilized Afghanistan but an urgent plea. They called on their lions of dollars and increase access to the entire region. party to do something to deal with care; needed insurance reforms that I suggest the absence of a quorum. these urgent fiscal realities. The ACTING PRESIDENT pro tem- would increase access and lower costs; and prevention and wellness programs, Well, they shouldn’t hold their pore. The clerk will call the roll. breath because instead of addressing The assistant legislative clerk pro- such as the ones that have been so suc- these urgent issues, a handful of top ceeded to call the roll. cessful in bending the cost curve in the Democrats are pressing forward behind Mr. MCCONNELL. Mr. President, I right direction—which is downward—at closed doors with a health care plan ask unanimous consent that the order major businesses such as Safeway. that, once fully implemented, and in- for the quorum call be rescinded. Here were the two approaches to re- cluding the physician reimbursement The ACTING PRESIDENT pro tem- form. Well, the American people looked issue, would cost more than $2 trillion. pore. Without objection, it is so or- at these two approaches and they made dered. their choice. All summer long, we It is hard to imagine, but if the his- tory of government entitlement pro- f watched as ordinary Americans reacted to the administration’s plan to put grams is any guide, then these esti- RECOGNITION OF THE MINORITY government between individuals and mates are almost certainly on the con- LEADER their health care and to pay for it with servative side. History shows these The ACTING PRESIDENT pro tem- higher premiums, higher taxes, and kinds of programs almost never come pore. The Republican leader is recog- Medicare cuts in the middle of a reces- in under cost. Consider just a few ex- nized. sion. amples: At the time that Medicare Part A was created, it was estimated f Americans rejected the idea of a vast, new experiment to reorder their health that costs for hospital services and re- HEALTH CARE WEEK XIV, DAY III care and nearly one-fifth of the econ- lated administration for the year 1990 Mr. MCCONNELL. Mr. President, omy in a single, stunning move. They would run about $9 billion. The actual over the last several months, law- know the stakes are too high. Last Fri- cost was seven times that amount. makers in Washington have been en- day, the Treasury Department an- Medicare Part B, a program that cov- gaged in a serious and wide-ranging de- nounced the government ran a deficit, ers physician services, was expected to bate about the fate of our Nation’s in the fiscal year that just ended, of run on $500 million a year from general health care system. It is a debate that more than three times the previous tax revenues, along with a $3 monthly grew out of a recognition that while record. premium. Last year, the program was America may have the best health care The national debt is nearly $12 tril- funded through nearly $150 billion in in the world, the cost of care is too lion. It is expected to grow by another Federal revenue. high and too many lack insurance. $9 trillion over the next 10 years. Medi- As I say, these are just a few exam- This much was never in dispute. care and Medicaid cost the Federal ples, but they illustrate a larger point There is not a single Member of Con- Government nearly $700 billion a that can’t be ignored. The nature of gress from either party who does not year—a cost that is expected to double government entitlements is such that want to solve these problems. That is in 10 years. These numbers are like they only get bigger with time. The es- why the disagreements we have had nothing we have ever seen. Yet in the timates we are getting have to be have arisen not over the ends but over midst of all this, the administration is viewed in light of past experience, and the means of achieving these common proposing that we conduct a $1 trillion past experience isn’t encouraging.

VerDate Nov 24 2008 01:20 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.001 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10589 Several months into this debate, it is vided and controlled between the two have just done that, then maybe the easy to forget that at the outset every- leaders or their designees, with the Re- patient would have been all right. So one seemed to agree—at the outset of publicans controlling the first half and as a result, defensive medicine results this debate on health care everyone the majority controlling the final half. in hundreds of billions of dollars of ex- seemed to agree—on two things: that Mr. KYL. Mr. President, I had pro- penses every year. health care reforms were needed and pounded a unanimous consent request. In fact, a 2005 survey published in the any reform would have to lower overall Has that been agreed to? Journal of the American Medical Asso- health care costs. We all agreed on The ACTING PRESIDENT pro tem- ciation found that 92 percent of the that. Yet the evidence suggests that pore. It has been. doctors said they had, indeed, made un- the bill Senate Democrats and White Mr. KYL. Thank you, Mr. President. necessary referrals or ordered unneces- House officials are carving up in pri- f sary tests just to shield themselves vate would do just the opposite. It HEALTH CARE REFORM from this liability. How much does this would actually increase costs, it would potentially cost? I said hundreds of bil- increase premiums, raise taxes, and Mr. KYL. Mr. President, I wish to lions. Well, let me cite two studies. slash Medicare. That is not reform. talk this morning about the same All of the studies I have seen are Americans are concerned about the health care issue the Senator from roughly within the same ballpark. direction in which we are headed: Kentucky just addressed. I think Re- They differ just a little bit. For exam- record debts, record deficits, endless publicans have always had a lot of very ple, Sally Pipes, who is president of the borrowing, and yet every day we hear good alternatives to deal with two crit- Pacific Research Institute, found that of more plans to borrow and spend, bor- ical problems: No. 1, the rising costs of defensive medicine costs $214 billion a row and spend. Americans don’t want health care and, secondly, the problem year. A new study by Pricewaterhouse- the same kind of denial, delay, and ra- of some uninsured in this country Coopers reveals similar findings, peg- tioning of care they have seen in coun- needing help to get that insurance. Un- ging the cost at $239 billion per year. tries that have followed the path of fortunately, our ideas have not been in- Well, $214 billion, $239 billion, we can government-driven health care for all. cluded in the legislation passed by the quibble about the amount; it is not in- They are perplexed that in the midst of committees. In fact, when we have of- significant. So when we are talking a terrible recession, near 10 percent un- fered amendments to propose these al- about well over $200 billion a year in employment, massive Federal debt, ternative ideas, they have been re- defensive medicine, we know there is a and a deficit that rivals the deficits of jected. big amount of money to be saved, and One of the primary ways we know we the last 4 years combined, the White we could pass those savings on to the can reduce costs is through the mecha- House would move ahead with a mas- consumers of health care. nism of medical malpractice reform. sive expansion of government health Yesterday I cited the statistics from That deals with the problem of the care. They are telling us that common Arizona and Texas where both States jackpot justice system that currently sense, step-by-step reforms are the bet- have implemented medical liability re- is abused by trial lawyers where they ter, wiser, and more fiscally respon- forms of different kinds, but both file lawsuits, they get big recoveries or sible way to go. States have found significant reduc- they force settlements, and the net re- This is the message I have delivered tions in insurance premiums for physi- sult is two things which I spoke about nearly every day on the Senate floor cians, fewer malpractice cases filed, yesterday. since the first week of June because, in and, in the case of Texas, an infusion of my view, it is the message the Amer- First of all, liability insurance pre- miums for physicians now consume a remarkable number of physicians ican people have been sending us. into Texas because it is a more benign Mr. President, I yield the floor. about 10 cents for every health care dollar spent. If we had medical mal- environment now in which to practice The ACTING PRESIDENT pro tem- their profession. pore. The Senator from Arizona. practice reform, we could reduce that. We wouldn’t, obviously, get rid of it, The reason I mention all of this is we f but the cost for physicians would be have been talking about this for months now and not one of the Demo- ORDER OF PROCEDURE significantly less. For example, we know some special- cratic bills contains medical mal- Mr. KYL. Mr. President, I ask unani- ties, such as obstetrics, neurosurgery, practice reform. The reason is clear. mous consent that the time controlled and some others, including anesthesi- Democrats are frequently supported by by the Republican side be allocated as ology, for example, will frequently trial lawyers, and trial lawyers don’t follows: Senator KYL, 10 minutes; Sen- have annual liability premiums in the like medical malpractice reform. That ator ALEXANDER, 10 minutes; Senator range of $200,000. That, obviously, is a is how they make a lot of money, so GREGG, 10 minutes; Senator WICKER, 10 cost that is passed on. When they bill they don’t want to see the reform. We minutes; and Senator LEMIEUX, 20 min- patients, they have to cover the cost of ought to reform the system for the utes. their medical malpractice insurance. benefit of our constituents rather than The ACTING PRESIDENT pro tem- I mentioned yesterday a study by the to not do it in order to help trial law- pore. Without objection, it is so or- former president of the American yers. dered. Academy of Orthopedic Surgeons, Dr. Again, the reason I mention this is Mr. KYL. Mr. President, I ask the Stuart Weinstein. He has written about because a bill we are going to be taking Chair to please inform me when I have the extra cost of delivering a baby be- up later today, the so-called ‘‘doc consumed 9 minutes since I don’t want cause, he said, if a doctor delivers 100 fix’’—and that is a very bad name for to go over my time. babies a year and pays $200,000 for med- it—is a bill that would deal with the f ical liability insurance, $2,000 of the de- formula under which doctors are com- pensated for Medicare. One of the RESERVATION OF LEADER TIME livery cost for each baby goes to pay the cost of the medical liability pre- things that has been reported in news- The ACTING PRESIDENT pro tem- mium. So we could reduce by $2,000 the papers is that the American Medical pore. Under the previous order, leader- cost of delivering a baby if we were Association will not push for medical ship time is reserved. able to pass meaningful medical liabil- malpractice reform if they are able to f ity insurance reform. get this bill passed. I find that to be a The even bigger cost is defensive very troubling fact because all of the MORNING BUSINESS medicine—the kinds of things doctors physicians I know realize we need med- The ACTING PRESIDENT pro tem- do, not because they are necessary to ical malpractice reform. pore. Under the previous order, there take care of their patients, but because Here is how the Washington Post edi- will now be a period of morning busi- if they don’t do them they might get torialized it yesterday morning, and I ness for 2 hours with Senators per- sued and some expert will claim they am quoting: mitted to speak therein for up to 10 should have had this extra test or done The so-called ‘‘doc fix’’ is being rushed to minutes each, with the time equally di- this extra procedure; and if they would the Senate floor this week in advance of

VerDate Nov 24 2008 01:20 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.003 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10590 CONGRESSIONAL RECORD — SENATE October 21, 2009 health reform not because it has nothing to The President’s approach is, well, sons known to be active in their oppo- do with health reform, but because it has ev- let’s have a study about it. Let’s sition to our administration.’’ Mr. erything to do with it. The political impera- maybe have a demonstration project. Dean said he thought the administra- tive is twofold: To make certain that Repub- We have some demonstration projects. tion should ‘‘maximize our incumbency licans don’t use the physician payment issue . . . [or] to put it more bluntly’’—and I to bring down the larger bill— One of them is Arizona and one of them is Texas, and they demonstrate that it am using his quotes—‘‘use the avail- That is because of the fact that it works. Since the Federal Government able Federal machinery to screw our would add to the deficit— has to pay about half of all of the cost political enemies.’’ and to placate the American Medical Asso- of health care in the country because On Colson’s list of 20 people were CBS ciation. of Medicare, Medicaid, and veterans correspondent Dan Schorr, Washington The concern I have is that it doesn’t care and so on, the Congressional Star columnist Mary McGrory, Leon- help the physicians. All this legislation Budget Office says we, the Federal ard Woodcock, the head of the United does is to say that the formula which Government, could save ourselves $54 Auto Workers, John Conyers, a Demo- has been in effect since 1997, but never billion if we had meaningful medical cratic Congressman from Michigan, adhered to by the Congress, will not be malpractice reform. We could expect Edwin Guthman, managing editor of the formula that goes forward in the the same amount for the private sec- the Los Angeles Times, and several future, but it doesn’t fix the payment tor. prominent businessmen, such as How- problem. Every year, because the for- The bottom line is, the bill we are ard Stein of the Dreyfus Corporation, mula would result in huge cuts to phy- going to be voting on later today Arnold Picker, vice president of United sicians who take care of Medicare pa- doesn’t solve any problem. It does not Artists. The New York Times and the tients—and everybody agrees that is a help the physicians. One way we can Washington Post were made out to be bad thing—we say we are not going to help not just physicians but patients enemies of the Republic. Make no mistake, politics was not pay attention to the formula. We are by reducing their cost of care is accept- such a gentlemanly affair in those days going to raise the doctors’ reimburse- ing some of the Republican alternative either. After Barry Goldwater won the ments by a percentage point or a half ideas that have been proposed, starting Presidential nomination in 1964, Daniel percent or some modest amount. with medical liability reform. Schorr had told CBS viewers that Gold- All this legislation does is to freeze Mr. President, I yield the floor to the water had ‘‘travel[led] to Germany to physician payments for 10 years—to Senator from Tennessee. join up with the right wing there’’ and freeze them—zero; not even any kind of The ACTING PRESIDENT pro tem- ‘‘visit[ed] Hitler’s old stomping cost-of-living increase. I guarantee pore. The Senator from Tennessee. ground.’’ Schorr later corrected that that after 10 years, physicians not get- f ting any kind of an increase at all are on the air. What was different about going to be hurting. NO ENEMIES LIST Colson and Dean’s effort, though, was I know what is going to happen, Mr. ALEXANDER. Mr. President, in the open declaration of war upon any- which is that physicians and groups 1969 and during the first half of 1970, I one who seemed to disagree with ad- such as the American Medical Associa- was a wet-behind-the-ears, 29-year-old ministration policies. Colson later ex- tion will have to come back to Con- staff aide in the West Wing of the panded his list to include hundreds of gress every year and say they need to Nixon White House. I was working for people, including Joe Namath, John have some kind of a modest increase. the wisest man in that White House Lennon, Carol Channing, Gregory Republicans want to be able to offer whose name was Bryce Harlow. He was Peck, the St. Louis Post-Dispatch, amendments on this legislation to pro- a friend of President Johnson, as well Congressional Black Caucus, Alabama vide for such modest increases. Inci- as the favorite staff member of Presi- Governor George Wallace. All this dentally, those modest increases would dent Eisenhower and President Nixon’s came out during the Watergate hear- be offset—that is to say, the cost to the first appointee. ings. You could see an administration government would be offset—so that Based upon that experience and my spiraling downwards, and, of course, we we wouldn’t be adding to the deficit. It 40 years since then in and out of public all know where that led. The only reason I mention this is be- is very clear there is no new formula in life, I want to make what I hope will be cause I have an uneasy feeling only 10 place, no new formula has been pro- taken as a friendly suggestion to Presi- months into this new administration posed, so this legislation doesn’t solve dent Obama and his White House, and that we are beginning to see the symp- the problem. It simply says, well, we it is this: Don’t create an enemies list. toms of this same kind of animus de- are not going to adhere to the formula As I was leaving the White House in veloping in the Obama administration. in the future. Big deal. We have never 1970, Mr. Harlow was heading out on According to Politico, the White adhered to it in the past. We are never the campaign plane with Vice Presi- House plans to ‘‘neuter the United going to adhere to it because it makes dent Spiro Agnew, whose job was to States Chamber of Commerce,’’ an or- no sense. Everybody agrees with that. vilify Democrats and to help elect Re- ganization with members in almost So what do we get out of this? Nothing. publicans. The Vice President had the every major community in America. A freeze for 10 years is not a solution help of talented young speechwriters, The chamber had supported the Presi- to the problem. the late Bill Safire and Pat Buchanan. dent’s stimulus package and defended I hope physicians don’t see this as a In Memphis, he called Albert Gore, Sr., some of his early appointments, but solution as a result of, as I said, this the ‘‘southern regional chairman of the has problems with his health care and having been reported in some of the eastern liberal establishment,’’ and climate change proposals. media, so that they will decide not to then the Vice President labeled the in- The Department of Health and push for medical malpractice reform creasingly negative news media as Human Services imposed a gag order because physicians know how impor- ‘‘nattering nabobs of negativism.’’ on a large health care company, tant that is. I have just talked about These phrases have become part of Humana, that had warned its Medicare how important it is. our political lore. They began playfully Advantage customers that their bene- We need solutions to problems. One enough, in the back and forth of polit- fits might be reduced in Democratic of the problems is we have increases in ical election combat. But after I had health care proposals—a piece of infor- the costs of providing health care. One come home to Tennessee, they esca- mation that is perfectly true. This gag solution to that—and we are talking lated into something more. They even- order was lifted only after the Repub- about well over a couple of hundred bil- tually emerged into the Nixon’s en- lican leader, Senator MCCONNELL of lion dollars, as I indicated, from the emies list. Kentucky, said he would block any fu- studies I cited a moment ago. One solu- In 1971, Chuck Colson, who was then ture nominees to the Department until tion to that is to tackle this problem of a member of President Nixon’s staff the matter was righted. medical liability reform. Some States, and today is admired for his decades of The White House communications di- probably about four or five, have done selfless work in prison reform, pre- rector recently announced that the ad- this, and they have demonstrated it sented to John Dean, the White House ministration would treat a major tele- can work. Counsel, a list of what he called ‘‘per- vision network, FOX News, as ‘‘part of

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.004 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10591 the opposition.’’ On Sunday, White This administration is only 10 geous—there is no better word for it— House officials were all over talk shows months old. It is not too late to take a in advocating paying teachers more for urging other news organizations to different approach, both at the White teaching well and expanding the num- boycott Fox and not pick up any of its House and in Congress. And here is one ber of charter schools. These ideas are stories. Those stories, for example, opportunity: At the beginning of the the Holy Grail for school reform. They would include the video that two ama- year, shortly after the President’s in- are also ideas that are anathema to the teur filmmakers made of ACORN rep- auguration, the Republican leader, labor unions who support the Presi- resentatives explaining how to open a Senator MCCONNELL, addressed the Na- dent. President Obama’s advocacy of brothel. That is a story other media tional Press Club. He proposed that he master teachers and charter schools managed to ignore until almost a week and the President work together to could be the domestic equivalent of after Congress decided to cut ACORN’s make Social Security solvent. President Nixon going to China. I, funding. Senator MCCONNELL said he would among others, admire that advocacy The President himself has not make sure the President got more sup- and have been doing all I can to help stopped blaming banks and investment port in that effort from Republicans him. houses for the financial meltdown, than President George W. Bush got Having once been there, I can under- even as it has become clear that Con- from Democrats when he tried to solve stand how those in the White House gress played a huge role, too, by en- the same problem. feel oppressed by those with whom couraging Americans to borrow money President Obama held a summit on they disagree; how they feel besieged for houses they could not afford. The the dangers of runaway costs of enti- by some of the media. I hope the cur- President was ‘‘taking names’’ of bond- tlements. I was invited and attended. rent White House occupants will under- holders who resisted the General Mo- Every expert there said making Social stand that this is nothing new in Amer- tors and Chrysler bailouts. Insurance Security solvent is essential to our ican politics—all the way back to the companies, once allies of the Obama country’s fiscal stability. There is still days when John Adams and Thomas health care proposal, have suddenly be- time to get that done. Jefferson exchanged insults. The only come the source of all of its problems Or on clean energy, Republicans have thing new is today there are multiple because they pointed out—again cor- put forward four ideas—build 100 nu- media outlets reporting and encour- clear plants in 20 years, electrify half rectly—that if Congress taxes insur- aging the insults 24 hours a day. ance premiums and restricts coverage our cars and trucks in 20 years, explore As any veteran of the Nixon White to those who are sicker and older, the offshore for low-carbon natural gas and House can attest, we have been down cost of premiums for millions of Amer- for oil, and double energy research and this road before, and it will not end icans is likely to go up instead of down. development for alternative fuels. The well. An enemies list only denigrates Because of that insubordination, the administration agrees with this on the Presidency and the Republic itself. President and his allies have threat- electric cars and on research and devel- Forty years ago, Bryce Harlow would ened to take away the insurance com- opment. We may not be so far apart on say to me: Now, Lamar, remember that panies’ antitrust exemption. offshore exploration. At his town meet- our job here is to push all the merely Even those in Congress have found ing in New Orleans last week, the important issues out of the White ourselves in the crosshairs. The assist- President said the United States would House so the President can deal with a ant Republican leader, Senator JON be, in his words, ‘‘stupid’’ not to use handful of issues that are truly Presi- KYL of Arizona, said to ABC’s George nuclear power. He is right since nu- dential. Then he would slip off for a Stephanopoulos that the stimulus plan clear power produces 70 percent of our private meeting in the Capitol with wasn’t working. The White House carbon-free electricity. Democratic leaders who controlled the wrote the Governor of Arizona and So why don’t we work together on Congress and usually found a way to said: If you don’t want the money, we this lower cost way to address clean enact the President’s proposals. won’t send it. Senator MCCAIN said this energy and climate change instead of Most successful leaders have eventu- could be perceived as a threat to the enacting a national energy tax? ally seen the wisdom of Lord Palmer- people of Arizona. On health care, the White House idea ston, former Prime Minister of the Senator BENNETT of Utah, Senator of bipartisanship has been akin to that United Kingdom, who said: COLLINS, Senator HUTCHISON and I, as of a marksman at a State fair shooting well as Democratic Senators BYRD and gallery: hit one target and you win the We have no eternal allies, and we have no perpetual enemies. FEINGOLD, all have questioned the prize. With such big Democratic ma- number and power of 18 new White jorities, the White House figures all it The British writer Edward Dicey was House czars who are not confirmed by needs to do is unify the Democrats and once introduced to President Lincoln the Senate. We have suggested this is a pick off one or two Republicans. That as ‘‘one of his enemies.’’ ‘‘I did not threat to constitutional checks and strategy may win the prize but lose the know I had any enemies,’’ Lincoln an- balances. The White House refused to country. swered. And Dicey later wrote: ‘‘I can send anyone to testify at congressional Usually on complex issues, the Presi- still feel, as I write, the grip of that hearings. dent needs bipartisan support in Con- great bony hand held out to me in Senator BENNETT and I found our- gress to reassure and achieve broad and token of friendship.’’ selves ‘‘called out,’’ as they say, on the lasting support in the country. In conclusion, here is my point. White House blog by the President’s In 1968, I can remember when Presi- These are unusually difficult times, communications director. dent Johnson, then with bigger majori- with plenty of forces encouraging us to Even the President, in his address to ties in Congress than President Obama disagree. Let’s not start calling people Congress on health care, threatened to has today, arranged for the civil rights out and compiling an enemies list. ‘‘call out’’ Members of Congress who bill to be written in open sessions over Let’s push the street brawling out of disagree with him. several weeks in the office of the Re- the White House and work together on This behavior is typical of street publican leader, Everett Dirksen. Dirk- the truly Presidential issues—creating brawls and political campaign consult- sen got some of the credit; Johnson got jobs, reducing health care costs, reduc- ants. It is a mistake for the President the legislation he wanted; the country ing the debt, creating clean energy. of the United States and for the White went along with it. Instead of com- The PRESIDING OFFICER (Mr. BEN- House staff. If the President and his prehensive health care that raises pre- NET). The Senator from New Hamp- top aides treat people with different miums and increases the debt, why shire. views as enemies instead of listening to should the White House not work with Mr. GREGG. Mr. President, I believe what they have to say, they are likely Republicans step by step to reduce I am recognized now for 10 minutes. to end up with a narrow view and a health care costs and then, as we can The PRESIDING OFFICER. The Sen- feeling that the whole world is out to afford it, reduce the number of Ameri- ator is correct. get them. And, as those of us who cans who do not have access to health Mr. GREGG. Mr. President, I wish to served in the Nixon administration care? speak on another topic, but I was fas- know, that can get you into a lot of The President and his Education Sec- cinated by the presentation of the Sen- trouble. retary Arne Duncan have been coura- ator from Tennessee. I think we are all

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.008 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10592 CONGRESSIONAL RECORD — SENATE October 21, 2009 concerned about the direction of this am not holding that against this Presi- the parameters of the bill is the rep- calling out. I take it the Senator from dency at all. resentation that it won’t cost more Tennessee is suggesting this adminis- The problem is, as we go forward we than $1 trillion over a 10-year period. tration is ‘‘Nixifying’’ the White are seeing these deficits expand. There So all sorts of games are being played House; is that correct? is no reason to maintain that type of to try to keep it under $1 trillion. Mr. ALEXANDER. That is a word I deficit once we are past this reces- The most significant and most cyn- had not thought of. What I am seeing is sionary period, once the financial situ- ical and most inappropriate game— some of the same signs I saw as a ation has been settled down. For all in- though it is not a game, really—the young man in the early stages of the tents and purposes, we are moving past most inappropriate action is this idea Nixon administration. I am seeing that situation, so the deficits should that they are going to take $250 billion those same signs in the Obama White start coming down. But they aren’t to fix the doctors reimbursement pro- House, and I am suggesting that going coming down. They aren’t coming gram, which is clearly part of health down that road leads to no good end. down. And today we are about to see care, and move it entirely out of the ‘‘Nixifying’’ is an interesting way to one of the reasons they aren’t coming health care system reform effort. They describe it. down because today it is being pro- will move it over here somewhere and Mr. GREGG. I may have just made up posed that we add another $250 billion claim they don’t have to pay for it. that word. Hopefully, it will be added to the debt by doing something called They will just send the bill to the kids. to the lexicon. the doctors fix and not paying for it. Don’t worry about it, it is only $250 bil- Mr. ALEXANDER. I think it will. It is not an extraordinarily com- lion. Just send the bill to the kids. That is good. plicated issue. Basically, we don’t re- Don’t worry about it. And then, voila` , Mr. GREGG. Mr. President, I thank imburse doctors at a rate they should they will have $250 billion they can the Senator from Tennessee. He has be reimbursed under Medicare because spend on health care reform that made some valuable points on that of a rule we passed back in the 1990s. It should have been used for the doctors issue. gets cut arbitrarily and in a way which fix. f has no relationship to what is a proper But now, since they have claimed the reimbursement rate. So every year doctors fix doesn’t matter—it is some- HEALTH CARE REFORM since we passed that rule and it turned where over here, out of sight, out of Mr. GREGG. Mr. President, I rise out it wasn’t going to work right, we mind, being taken care of by our chil- today to continue a discussion I have have corrected that. We have reim- dren and grandchildren—voila` , they pursued on this floor a few times, and bursed the doctors at a reasonable rate. can spend that $250 billion on goodies, it deals with where our country is But every year we have done that, we on initiatives within the new health going and what we are passing on to have paid for that change, so that the care reform bill, which will cost the our children. cost of reimbursing doctors fairly did taxpayers $250 billion in order to do it. I often quote the chairman of the not get passed on to our children. I And I presume it will get them a few Budget Committee, Senator CONRAD mean, if you pass that cost on to our constituencies to support them because from North Dakota, because I have im- children, when somebody goes to get an they have just spent $250 billion on mense respect for him. He has said— eye exam, someone who is in their them. and I agree with him and I think most eighties or seventies or sixties and who So the true cynicism of this is that it Americans, when they think about it, is on Medicare, when they get the bill doubles up the doctors fix cost. Not agree with him—that the debt is the from the doctor, essentially we are say- only does the doctors fix not get paid threat, the fact that we as a nation are ing: Oh, I am sorry, the government is for, but it will then create $250 billion running up this incredible debt which not going to pay that—the government worth of new spending. So it is actu- we are going to pass on to our children. you are a part of today. We are going ally a doubling up of this whole exer- To try to put it in context is very dif- to take that bill and give it to a child cise. It is a doubling down event here. ficult because the numbers are so huge. who is not even born yet, and they are You know, it is almost a Bernie I have talked about it numerous times going to have to pay that bill. But it is Madoff—well, it is a Bernie Madoff ap- here—the fact that we are running defi- an expense today, and it should be paid proach to funding. I mean, basically, cits at approximately $1 trillion over today by the government. this is an entire scam. Unfortunately, the next 10 years under the President’s We are having this proposed today on in this instance—and obviously in the budget; that we are seeing 5 to 6 per- this floor, by this administration: that Bernie Madoff instance the people who cent of GDP in deficits; that the public we should spend $250 billion to correct invested with him were wiped out, but debt goes from about 38 percent of GDP this doctors fix problem for the next 10 they made a choice to invest with him. up to well over 80 percent of GDP under years, which is about what it will cost, Our children and grandchildren are the most recent estimates. But these but not pay for it, just simply take it going to get this bill without any numbers are incomprehensible to peo- and send the bill off to our kids. It is rights. This $250 billion bill is going to ple because they are so big. We are actually more than $250 billion because be sent to them, and then the spending talking trillions and trillions of dol- that $250 billion, when you put it on is going to occur, which they are also lars, and the implication of these num- the debt, will generate interest respon- going to have to pay for. It is going to bers is staggering to our next genera- sibilities of about $50 billion. So it is be added on top of the health care bill. tion—to our children and our children’s actually a $300 billion item. That is not It is Bernie Madoff comes to Wash- children—because it means they have small change; that is a third of a tril- ington and does our budgeting for us, to bear the burden of paying this debt lion dollars. That is huge money. That and it is inexcusable that we would do that is going to be put on their backs. is a tremendous burden to transfer over this to the next generation. Last week, the deficit for this last to our children. Some are suggesting: Well, let’s do a fiscal year was pegged at about $1.4 Do you know why this is being done? 1-year or a 2-year fix. This was the trillion—an incredible amount. That is It is being done for a very cynical rea- original plan of Senator BAUCUS with three times the largest debt in our his- son. The health care reform package is regard to his bill. Let’s just sort of ig- tory, in numeric terms. As a percent- being discussed somewhere in this nore the fact that the doctor problem age of GDP, we haven’t had those types building behind closed doors. It is being exists for the next 10 years even though of numbers since World War II. Nobody written in some office over on that side we are doing a 10-year health care re- is arguing that deficit is not an event of the Capitol by three or four Mem- form bill here. What is the effect of and something we don’t like but that bers of the Senate and a lot of staff that? Well, yes, for at least 1 or 2 years we probably have to tolerate because of from the Democratic side, with no par- you pay for it. That was the proposal in the fact that we have been through this ticipation by Republican Members, no the original bill that came out of the very difficult situation with the reces- participation by the American people, Finance Committee—1 year, I believe, sion and the potential meltdown of our and the press is totally locked out of they paid for it, 9 years they didn’t pay financial houses. It took a lot of money the room. The bill is being rewritten for it. What did that mean? One year to try to stabilize the situation, and I over there, but we do know that within paid for was $11 billion, I think. So we

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.009 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10593 know the cost of the whole thing for 10 to the majority leader demanding— be passed on to consumers by either di- years is $250 billion. So what they got rightly—that this health care legisla- rectly raising insurance premiums or was $239 billion to spend under the tion be made available for 72 hours be- by fueling higher health care costs that Baucus bill as it came out of the Fi- fore the Senate proceeds with this bill. inevitably lead to higher premiums.’’ nance Committee because they just The letter from these eight conscien- He went on to say the plan ‘‘would simply ignored the concept that the tious Democrats says, among other not only fail to reduce the cost burden doctors fix had to be done too. That things: on middle-class families, it would also is a pretty cynical act—not as Without a doubt, reforming health care in make that burden significantly worse.’’ cynical as the idea you are going to America is one of the most monumental and In addition to failing to reduce the pass the full $250 billion fix and not pay far-reaching undertakings considered by this price of health care, the Finance plan for it, any of it, which is what we will body in decades. carries a number of other serious flaws, be voting on later today, but still pret- The letter goes on to ask four things particularly as it relates to Medicare ty cynical in that they would basically of the majority leader: that the legisla- and health care options for our seniors. be spending $239 billion which they tive text and complete budget scores The bill cuts Medicare by $500 billion. know we don’t have. from CBO on health care legislation to Let me repeat that. The bill cuts $500 The PRESIDING OFFICER. The Sen- be considered on the Senate floor be billion from Medicare, despite the fact ator’s time has expired. made available 72 hours in advance; that the Medicare program is already Mr. GREGG. I ask unanimous con- secondly, the letter asks that the legis- insolvent and on the path to bank- sent to speak for an additional 30 sec- lative text and complete CBO score on ruptcy in the year 2017, unless we take onds. health care legislation as amended be action. The PRESIDING OFFICER. Without made available; and they make the Billions of Medicare dollars would be objection, it is so ordered. same request as far as amendments to cut from hospitals, from nursing Mr. GREGG. So they know we don’t be filed and offered on the floor and the homes, from hospice care under this Fi- have the $239 billion, but at least they final conference report which might nance Committee proposal. It would admit it is there and they don’t try to come from the House and Senate. also slash $120 billion from Medicare pass the whole bill off to our children. I congratulate these Members of the Advantage, denying 11 million seniors So as we go forward in this health other party for making this request. I the health care choices and options care debate, let’s have no more sanc- think the question on the minds of peo- regular Medicare does not offer. timonious claims that we are being fis- ple around Washington, DC, and around If these provisions were not bad cally responsible and producing bills the country watching this issue is, Will enough, the bill’s negative impact on that are in balance and that don’t add this request be ignored? Will these State budgets is even more disturbing. to the deficit, not when we put a $250 eight Members of the Democratic cau- Medicaid would be expanded to a level billion IOU on our children’s backs. It cus be steamrolled by their leadership? that threatens funding of essential is totally inappropriate. Will this conscientious request be cast State services such as education, such Mr. President, I yield the floor. aside by the majority leader? as law enforcement. In my State of The PRESIDING OFFICER. The Sen- The people deserve to see the final Mississippi, Medicaid payments al- ator from Mississippi. product of the majority party. And we ready make up 12 percent of our State’s Mr. WICKER. Mr. President, I under- know the American people want to see overall budget, and Governor Barbour stand I am recognized for 10 minutes. it because as more Americans learn has joined a growing chorus of Gov- The PRESIDING OFFICER. The Sen- about the product, the less they like it. ernors, both Republican and Demo- ator is correct. A survey released Monday found that a cratic, in warning of the consequences Mr. WICKER. Mr. President, in 10 majority of Americans opposed the of Congress forcing States to shoulder minutes Senator LEMIEUX will make plans backed by the President and more of the Medicaid burden. In fact, if his maiden speech to the Senate, and I Democrats in Congress. This skep- the finance bill is enacted, Medicaid’s know Members are anxious to hear ticism persists despite the best public expansion would result in fully 25 per- that speech, but in the meantime I relations ever of my Democratic col- cent of Americans being on this gov- would like to talk further about health leagues and our President. ernment-run health care system. We care reform. The bill approved by the Finance know it is now run so poorly that many Earlier this month, the Senate Fi- Committee essentially is still a par- physicians will not accept Medicaid pa- nance Committee voted to approve a tisan one. Numerous studies and esti- tients. The bill proposes we put one- deeply flawed bill that would raise mates have highlighted how the bill’s quarter of Americans on this very taxes, cut Medicare, increase govern- new mandates would actually raise in- poorly run program. ment spending, increase health care surance premiums for Americans, not After weeks of talk, we get a bill that premiums, and actually drive the cost lower them. A recent Pricewaterhouse- is worse than the status quo. I fear this of health care up, not down. We know Coopers analysis of the bill found that bill is only going to get worse when the the Finance Committee’s bill will not by 2019, the average cost of a family’s majority leader emerges from his se- be the final product voted on by the insurance policy would increase by cret negotiations and tries to pass his Senate. $4,000, more than it would if Congress version of a Federal health care take- Three or four Members of one party, simply does nothing at all. Of course, over. I think we can do better. Raising and one party only, without the press no one is suggesting Congress do noth- taxes, increasing costs, and elimi- there, without the public looking in, ing at all. The status quo is clearly in- nating choice is hardly the type of without other Members of the Senate adequate, and there are many things health care reform the American peo- there, are meeting now behind closed we can do on a step-by-step basis to im- ple want, particularly during a time doors to merge the Finance Committee prove the health of Americans. when unemployment levels are at a 25- bill with the HELP Committee’s But back to this $4,000 in extra costs year high. There are many common- version. The secret nature of these for insurance, the driving factor behind sense reforms that could pass Congress meetings is all the more reason for the that is the staggering tax hikes nec- quickly and with bipartisan support. final version of the bill to be made essary to pay for this $1 trillion new This is not a choice between a Federal available to the public prior to a final entitlement program. The Finance takeover and the status quo. A step-by- vote. Committee’s proposal raises taxes by step approach can inject competition, We have all heard the outcry from hundreds of billions of dollars—on in- increase choices, and use market prin- our constituents asking us to read the surance plans, on medical device pro- ciples to bring down prices. By allow- bills before we vote on them. I think ducers, on pharmaceuticals. We all ing people to purchase health insur- we should go one step further than know taxes will not lower the cost of ance across State lines, by imple- reading this health care bill ourselves: these services. In fact, we can expect menting medical malpractice reform we should allow the public to read the the opposite—these taxes will be paid and allowing small businesses to join bill themselves. by average Americans. in association health plans, we can Just recently, eight of my friends on Former CBO Director Douglas Holtz- lower the cost of health care and in- the other side of the aisle sent a letter Eakin recently said: ‘‘These costs will crease choice without raising taxes or

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.010 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10594 CONGRESSIONAL RECORD — SENATE October 21, 2009 increasing government spending or in- Medicare, often buy additional insur- money that could be spent on worth- creasing the size and scope of govern- ance to supplement their needs. Rising while programs or, better still, re- ment. costs for seniors living on fixed in- turned to the people because, after all, That is the kind of health care re- comes prove more than difficult. Still it is their money. form the American people deserve, and more troubling are those who have no In 10 years, the White House projects it is the direction the health care de- insurance at all—some 4 million Flo- our national debt will be a staggering bate should take. ridians and an estimated 45 million $23 trillion, surpassing the total value I yield the floor. Americans nationwide. For many of of goods and services made in the The PRESIDING OFFICER. Under the uninsured, a serious illness or an United States in 1 year. I have not been the previous order, the Senator from accident is all that may separate them in Washington for long so it is hard for Florida is recognized for 20 minutes. from bankruptcy. me to comprehend the idea of $1 bil- f I believe the problem of health care lion, let alone $1 trillion. I think that must be addressed. No American should NATIONAL DEBT AND FEDERAL is true for most Americans. So it is be denied access to quality health care. DEFICIT worth a moment to understand the No American should be rendered des- enormity of these figures. Mr. LEMIEUX. Mr. President, it is an titute by illness. No American family If you were to lay down single dollar honor for me to stand on the floor of should have to live paycheck-to-pay- bills, edge to edge, $1 million would the Senate, on behalf of my State of check because they cannot find afford- cover two football fields; $1 billion Florida and before this Nation, to give able health care. The problem is great, would cover the city of Key West, FL, my maiden speech. First, let me thank and it is one worthy of our full atten- 3.7 square miles; and $1 trillion, laid my wife Meike for her support. No one tion. edge to edge, would cover the State of succeeds in life alone. That is certainly But before we can address health care Rhode Island—twice. true for me. She is the strength of our and the cost of reform, we need to con- Still more staggering, from the time growing family of five, soon to be six. sider the broader state of affairs in I would not be here without her love our Government began in 1789, it took which we as Americans find ourselves. 167 years for the Federal Government and support. We need to draw back the curtain, It is humbling to think of those who to spend its first $1 trillion. This year widen the lens. No issue, even one as we will spend $3 trillion. Increasing have come before me and spoken before important as health care, stands alone. this body on the great issues of the debt and increasing costs of entitle- We have responsibilities in other equal- ment spending and increasing interest day. I will not seek to match their skill ly important areas such as national de- in poetry or prose, but I will work to payments mean we are on a path which fense, education, and the economy. is unsustainable. The American people honor them with clear and straight- Balanced equally with all these prior- know this and they are showing their forward language, passion to find solu- ities must be our ability to afford frustration with Congress’s out-of-con- tions to the challenges that face us, them. Our Nation’s spending problem is trol spending. We need to learn from and resolve to follow words with deeds. not a topic that many like to discuss. families in America. Families in Amer- It is the tradition of this Chamber, as It is, after all, more desirable to speak ica and across Florida deal with their Senator Ted Kennedy stated in his of new ideas and grand plans for the fu- budgets every day. They sit around the maiden speech nearly 50 years ago, ture, but that very future is at stake if kitchen table. They look at what they that ‘‘a freshman Senator should be we do not address the problem now. seen, not heard; should learn, not Our national debt grows at an alarm- make and what they spend and they teach.’’ But similar to Senator Ken- ing rate of nearly $4 billion a day. try to make ends meet. nedy, who asked for the dispensation of When I took office, just 5 weeks ago, But the Federal Government is simi- his colleagues to speak to the great our national debt was $11.7 trillion. lar to that family with the credit card cause of civil rights being debated at Today it is nearly $12 trillion. During debt—every month the debt grows, the the time, I, too, seek the consideration the time it will take for me to give this interest compounds. The family spends of my colleagues to rise and speak at address, it will increase by another $50 more and more just to make the min- such a critical time in our Nation’s his- million. imum payment. Yet the balance due tory. Since the debate on health care continues to grow. In order to get out During my first week here, the senior began in March to the time it likely of debt, the family has to do the right Senator from Ohio, Mr. VOINOVICH, told concludes at the end of this year, we thing, it has to cut spending or mom or me that while my time in the Senate will have amassed an additional $1 tril- dad have to get another job. If the fam- may be short, just 16 months, it might lion, near to the very amount we are ily does the right thing, pays off its be the most important 16 months in discussing for this health care pro- debt, it can save a little, build a nest modern history. My brief experience posal. Instead of spending less to stem egg, and recover. If they do not, they here has confirmed the wisdom of his the tide, we learned last Friday that in reach that point where the debt grows insight. the fiscal year we just completed, Con- out of control. They reach the point The issue that commands the atten- gress amassed a record-setting $1.4 tril- where they are too far gone. tion of this Congress is the health of lion budget deficit—a larger single- The Federal Government has reached our people and proposals that address year deficit than the deficits of the last that moment in time. In the past 27 the problem of those who cannot afford 4 years combined. years, we have gone from $1 trillion to or simply do not have health insur- Our Government spending is out of $12 trillion in December, and it is esti- ance. We seek solutions to the rising control and it is simply unsustainable. mated that by the end of 10 years, we costs of medical procedures and hos- Why does it matter? What is the con- will be $24 trillion in debt. The point of pital stays. We are in search of ways to sequence of accumulating trillions of no return is upon us. We must recog- ensure that every American has access dollars in debt? What does it mean for nize this simple truth: We cannot af- to affordable and quality health care. us, for our children, and for our grand- ford the Government we have, let alone These are noble goals. Floridians and children? The consequences are a gov- the Government the majority in this Americans are struggling with the high ernment hamstrung by its obligations Chamber wants. We ought to be cutting cost of health care. Premiums for fam- and a people taxed beyond their ability taxes, not raising them; we ought to be ily health care have risen 131 percent to prosper. Last year, our Nation spent spending within our means, not in- over the past 10 years. Working fami- $253 billion alone on the interest pay- creasing our debt; we ought to be fight- lies are finding it harder and harder to ments for our debts. That is a state- ing with the same vigor to cut waste, make ends meet. Between the demands ment worth repeating. Last year, our fraud, and abuse that some fight to cre- of taxes and insurance, families have country spent $253 billion alone on in- ate new entitlement programs we can- less and less to save and spend on their terest payments, the third highest ex- not afford. own priorities. penditure in the Federal budget. That It has also become clear that our Health care costs are burdensome on is nearly $700 million in taxpayer dol- policies of limitless spending threaten seniors as well, who, while covered by lars spent on interest, every day— to devalue the dollar.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.012 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10595 Recent reports suggest a rush by U.S. 1838 adopted language requiring our their employees. We stand ready to ad- investors to pull their money from do- State to have a balanced budget. dress the high incidence of doctors mestic investments and instead seek It works for Florida and 41 other practicing defensive medicine, which opportunity in emerging markets. In- States, and it can work for our Nation. steadily drives up costs. Finally, we vestors find markets such as China and The Federal Government should be stand ready to focus on stopping the Brazil to be more attractive because held to the same standard. This Con- estimated $60 billion in Medicare those nations use their financial re- gress must balance its budget. There is waste, fraud, and abuse, and using serves to weather the economic crisis. no reason why Congress cannot do those funds to care for our people. There is also talk in the inter- what American families and the major- Current proposals do little to address national community that perhaps the ity of States do. There is also no rea- these problems. We want to work in a dollar is no longer the best benchmark son why the President of the United bipartisan fashion to create a bipar- for their reserve currencies. According States should not have the same pow- tisan bill. Spend less, save more on this to the International Monetary Fund, ers as 43 Governors do to strike waste- and in everything. The reality is that the dollar is held now at its lowest ful spending with a line item veto. our Nation is hungry for a new course, point on record in reserve currency of These issues are not partisan. Repub- a course that takes greater care of the the central banks around the world. licans and Democrats alike should people’s money. Some may call this Our unsustainable spending and debt chart a course to a balanced budget to thinking naive, but I call it hopeful. and our inability to make the difficult reduce the national debt and restore Since our Nation was founded, there decisions necessary to change course is the American dream. has been one constant our people have decreasing confidence in our Nation We were promised a budget deficit- carried forth. I consider it the Amer- abroad, and if not corrected, it will im- neutral health care plan. President ican creed, and the creed is this: Each pact the quality of life for all Ameri- Obama said to a joint session of Con- generation has the obligation to pro- cans. gress, he ‘‘will not sign a plan that vide a better future for its children What is the answer? The answer is we adds one dime to our deficit now or in than the generation before. We cannot have to stop. We have to stop financing the future.’’ fulfill this promise on our current today’s programs on the backs of fu- I am encouraged by the President’s course. That truth is so evident even ture generations. Common sense tells words, but I am concerned by the pro- our children understand it. us we need to balance the Federal posals we have seen. Cutting a half tril- I close with the words of one of my budget. The Federal Government has lion dollars from Medicare is not budg- constituents, 12-year-old Joshua not done that since 2001. There is no et neutral. Shifting costs to the States Mailho of Niceville, FL. Joshua is con- reason why it cannot happen again. for increases in Medicaid is not respon- cerned about the very issues we are The Framers’ ideal of limited govern- sible. And taxing medicine and life- talking about today. He is concerned ment is one we need to pursue and we saving devices will increase, not de- with his share of the national debt and need to do it if we have the will to crease, the cost of health care. That is how he is going to pay for it. make it so. not reform. He wrote to me in September and As the father of three young sons and The fact is, we do not know where this is what he wrote: a baby on the way, one of my greatest the money is coming from to pay for Here is an example of how long me, a 12 concerns is that 1 day one of my chil- the proposed health care plan, and in year old, would have to pay off my share of dren will come to me when they are light of our desperate financial situa- the national debt. If I worked at Home Depot grown and say that they are moving to tion, we cannot budget on faith alone. and I get paid $10 per hour . . . it would take me almost 8 years of full-time work [to reach another country, perhaps a place such Last week I participated in a hearing $161,000] . . . my share of the national debt. as Ireland or Chile, because they be- to discuss runaway premiums in a pro- He goes on to say: lieve the opportunities are greater gram designed to let Federal employ- ees buy long-term health care. Employ- This debt will affect all of the kids in than the promise and the opportunities America . . . so please find a way to fix your of America. ees were given two options: a fixed op- own mistakes, before the children of today Even now, as many as 200,000 skilled tion that had a higher cost but guaran- have to pay for your mistakes tomorrow. American workers could leave for teed that premiums would not go up, I yield the floor. places such as China and India in the and a variable option which was less The PRESIDING OFFICER. The Re- next 5 years. America has always been expensive but it provided no guarantee. publican leader. the land of opportunity, a beacon for Smart Federal employees paid a lit- Mr. MCCONNELL. Mr. President, let those who seek a better life. That life tle more to get that guaranteed Fed- me be the first to congratulate the jun- cannot be darkened. eral plan. But it is not going to be that ior Senator from Florida on his Let us not stand witness to the de- way. Because now the Federal Govern- thoughtful and very persuasive initial cline of our great Nation. Let us not sit ment has come back and said: We were speech here in the Senate. idly by so that the work and sacrifice wrong. We cannot insure the premiums I think I can safely say, after observ- of those who came before us can be at the guaranteed rate. We are going to ing his work for the last 5 weeks, that squandered. Let us not miss out on this raise your rates by 25 percent. the people of Florida are very fortu- moment in time to shoulder the burden The government made a mistake. nate to have such an intelligent and in- of leadership to do what we must do for The government got it wrong. And now sightful Senator. He is doing an excel- our children, their children, and the these Federal employees who did the lent job on their behalf. I again con- American dream. right thing are going to have to pay for gratulate him on his initial speech here Their future is bound to the decisions it, more than 6,000 of them from Flor- in the Senate. we make. I come from a State where a ida. If the Federal Government cannot The PRESIDING OFFICER. The Sen- balanced budget is a constitutional re- get it right for 250,000 Federal employ- ator from Florida. quirement, where lawmakers are re- ees, how is the government going to Mr. NELSON of Florida. Mr. Presi- quired to spend within their means. get it right for 45 million Americans? dent, I want to join with our colleagues And it is not always easy. In fact, it is I stand with my colleagues on this on the floor in thanking my new col- often a painstaking process that re- side of the aisle ready to create access league from Florida, with whom I have quires leadership and tough choices, to health care without sacrificing qual- had the pleasure of starting a very fast with Republicans and Democrats sit- ity. But it has to make financial sense. and meaningful friendship. ting down together to make respon- We stand ready to address the issue of As he knows, his predecessor Mel sible decisions. portability, allowing people to keep Martinez and I had a friendship that In the past 3 years in Florida, Gov- their health insurance whether they had spanned more than three decades. I ernor Crist and the Florida legislatures change jobs or move across State lines. am equally enthusiastic about this op- have cut spending by more than $7 bil- We stand ready to offer ideas to make portunity to represent the State of lion, almost 10 percent of the State health insurance more affordable for Florida with Senator LEMIEUX. budget. Florida has made tough choices small businesses, which can join ex- Let me say that as I was listening to because it must, because lawmakers in changes to offer lower premiums for the Senator’s maiden speech, of course

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.014 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10596 CONGRESSIONAL RECORD — SENATE October 21, 2009 I reflected back 9 years ago to my I also commend my friend, the junior driven down costs by putting in place maiden speech. And, interestingly, at Senator from Florida, for his com- prevention and wellness activities, ne- that time—I think it was about 6 weeks ments today. I share his views about gotiating better prices with providers, after I had been here, so it was the the necessity of bringing our Federal and restructuring a financial incentive middle of February 2001—I spoke on the deficit in line. system which currently rewards hos- budget and the fact that we had a sur- In the Commonwealth of Virginia, we pitals based on higher readmission plus, and how we wanted to keep that have a balanced budget requirement rates, rather than quality care. surplus and not go into deficit, a lot of and we meet our budget every year. I I thank the Senator from New Hamp- the same themes the new Senator from am proud of the fact that Virginia has shire for organizing the freshmen one Florida has sounded here today. been named the best managed State in more time. As a former Governor, I Of course, your maiden speech in this America. So I do have to take issue know she has been a leader on issues August body is quite memorable. I did with some of the comments made by like Medicaid and health care costs. I not have the luxury, as the new Sen- my colleagues, who I think understand call on my colleagues on the other side ator from Florida has, to have a num- States’ needs. The fastest growing of the aisle to actually join in this ef- ber of his colleagues sitting here. As a costs in my State, as well as the State fort to make sure we do achieve bipar- matter of fact, it was an empty Cham- of Colorado, New Hampshire, and I tisan health care reform. ber for this Senator save for the Pre- would assume the State of Florida, are I yield the floor. siding Officer. But in the course of this health care costs. Mrs. SHAHEEN. I thank the Senator speech, I mentioned that it was my Medicaid is going to bankrupt vir- from Virginia for his comments. As he maiden speech. I am proceeding on. All tually every State in the Nation by said, our health care system is on an of a sudden the doors, these side doors, 2025 if we do not act. I hope for, and unsustainable path. Now is the time to swing open, and in strides the senior welcome, my colleagues’ efforts to try fix it. Senator from West Virginia, the person to reach a bipartisan consensus on Health care has not been working for who is a walking political history health care reform. families, for workers, for businesses, book. He assumes his position in this I will again make the point I have and for the Nation’s economy. Today chair right here. I get through with my made repeatedly over the last few we are actually going to talk about remarks, and he says: ‘‘Will the Sen- weeks: What happens if we don’t act? some of the good news we know we can ator from Florida yield?’’ What happens if we simply kick the accomplish with health care reform. I said: ‘‘Of course I yield to the senior can down the road another 10 years? We are going to talk about what health Senator from West Virginia.’’ That is the appeal I make to my col- care reform can do to help those fami- He proceeds to give, off the top of his leagues on the other side. Join us. Par- lies, workers, and the economy. It is head, a history of the Senate maiden ticularly join the freshmen Senators, our opportunity to control costs for speeches. And, of course, what a memo- who don’t come to the Senate with the Americans and to improve quality. rable event that was for this Senator in same background of the last 20 years Let me be clear: We can control cost his maiden speech, and it will be equal- and experience of past battles. Join a and improve quality at the same time. ly a memorable event for the new Sen- group who does, however, come to this When we do this, we have to remember ator from Florida. I join our colleagues body wanting to do the people’s busi- to keep patients at the center of the in congratulating him on his maiden ness. That means driving down health debate. The truth is, in so many cases speech. care costs, expanding coverage, and the health care industry can do more for less. Usually I like to tell a story f making sure our health care system is financially sustainable. about what is going on with my con- ORDER OF PROCEDURE If we don’t act, not only will States’ stituents. It helps us keep people at the Mr. NELSON of Florida. Mr. Presi- increasing Medicaid costs go unmet, center of the debate. dent, I ask unanimous consent that fol- State budgets will not be balanced. If Today I want to talk about some of lowing confirmation of Executive Cal- we don’t act, the Federal deficit will the innovative health quality initia- endar No. 469 and the Senate resuming explode. The largest driver of the def- tives happening in New Hampshire. We legislative session, the Senate then icit is not the TARP spending or stim- all know hospital readmissions are a proceed to vote on the motion to in- ulus spending; it is health care spend- costly problem in the country. We have voke cloture on the motion to proceed ing. If we don’t act, the current Medi- an exciting program going on in Man- to S. 1776. care Program, which seniors depend on, chester, the State’s largest city, at the The PRESIDING OFFICER. Without will go bankrupt by 2017. That is not a Elliot Senior Health Center. They rec- objection, it is so ordered. political statement; that is a fact. ognized what was happening with re- The Senator from New Hampshire is If we don’t act, American companies admissions. They recognized that hos- recognized. will not be competitive in the global pital discharges can be confusing and f economy. We have the most productive sometimes overwhelming for seniors workforce in the world. But no Amer- and that providing a little extra atten- HEALTH CARE REFORM ican company can compete when they tion to help those seniors as they are Mrs. SHAHEEN. Mr. President, as have built in health care costs of $3,000 transitioning out of the hospital can you well know, being one of the fresh- to $4,000 more per worker than any help keep them from being readmitted. men Senators, along with me and a other competitor in the world. If we They developed a program they call the number of others of us, we have been don’t act, for the 65 percent of us who TRACE Program. TRACE provides sen- coming to the floor for the past several get our health care coverage through iors with a health coach who helps pa- weeks to talk about the need to ad- the private insurance market, an aver- tients with the tools and support to dress health care reform. age Virginia family will be paying 40 take a more active role in managing We are here again this morning for percent of their disposable income on their medical care. The support those the next hour to talk about why this is health insurance premiums within the patients receive improves their under- so imperative. I am going to yield my next decade. standing not only of their own health time, about 5 minutes initially to Sen- I ask my colleague from Florida and care, of the health care system in gen- ator WARNER, who has another engage- others on the other side of the aisle to eral, it helps keep them out of the hos- ment and needs to be off. So at this join us in this bipartisan effort to re- pital. point I yield 5 minutes to Senator form health care. This morning we will Senator COLLINS and I have intro- WARNER. lay out how we think health care re- duced a bill that would help do this Mr. WARNER. Mr. President, I thank form can both expand coverage and systemwide called the Medicare Tran- my colleague, the Senator from New drive down costs. We will look at some sitional Care Act. It builds on success- Hampshire, for leading the freshmen of the models currently being used by ful programs such as the one at the El- Senators here this morning as we once large employers who have had the liot Senior Health Center. Our legisla- again take the floor to talk about flexibility to design their own benefit tion would improve the quality of care, health care reform. plans. These models have successfully reduce hospital readmissions, and

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.015 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10597 lower costs. Research shows we can from very diverse States, but the ob- Will reform help these small busi- save $5,000 per Medicare beneficiary if servation is the same. Health care re- nesses? Yes, it will. It will help them a we enact this kind of a program sys- form is essential to putting our Nation lot. temwide to deal with hospital readmis- back on track, and now is the time. First, it will allow them to enter sions. I am happy the key provisions of I wish to direct my comments specifi- health care exchanges, where they will this idea are included in the Finance cally to the benefits of health care re- be part of a much larger pool. With Committee bill. It will give us an idea form to small business. We all know their increased market clout, they will of how this is going to work system- the current system doesn’t work for be able to negotiate lower premium wide. It is one example of what we can small business employers or their em- costs. These rates will be much more do to improve the quality of care while ployees. Without numbers behind stable than in past years. One sick em- we control cost. them, they have no ability to negotiate ployee will no longer make an entire There is another initiative we have rates with insurance companies. They group uninsurable. been working on. I know all of us have are like lambs led to the slaughter. Second, the exchanges will offer been forced to wait in a crowded emer- More often than not, they have to take more and better policies from which to gency room sometimes. Emergency whatever deal is offered. Those deals choose. Currently, many small busi- room overcrowding is a problem that are not very good. On average, small nesses struggle to find any insurers has become all too common. It is a businesses pay 18 percent more than that will offer policies. But through symptom of what is going on in our large firms for the same health insur- health care reform, and as part of the health care system. Frequent users of ance policies. Because of this, they are exchange, they will be able to choose health care services are a small but far less likely to provide health insur- from a number of different plans. Be- very costly portion of our population. ance. Just 49 percent of firms with 3 to cause these plans will have to meet They contribute to overcrowding in 9 workers and only 78 percent of firms certain standards, small businesses will emergency rooms, and they raise costs with 10 to 24 workers offer health in- have higher quality policies from for everyone. These individuals often surance to their employees, as com- which to choose. have multiple chronic conditions. pared to 99 percent of firms with 200 or Finally, better choices at a lower Sometimes they have mental illness. more employees in the same year. price will mean small businesses can Sometimes they are faced with issues When small firms do offer health dedicate more revenue to increasing such as poverty and homelessness. care, rising premiums force owners to wages—more money in the pockets of They are among our most vulnerable make hard choices between keeping their employees—have more oppor- but most frequent users of emergency health coverage, expanding their oper- tunity to invest in new equipment or rooms because they have nowhere else ations, or increasing wages. In the last hire additional employees. This is good to go. decade, health care premiums for the for these owners, it is good for our In one study, one individual used the average Oregon family more than dou- economy, and it is good for the employ- emergency room 115 times in 1 year. bled, while median earnings rose only ees. This was in Camden, NJ. Another pa- 23.8 percent. It is no coincidence. Em- Health care costs have become a tient accumulated $3.5 million in hos- ployers are spending more in com- millstone around the neck of our small pital charges over 5 years. These are pensation, but that compensation is businesses, dragging down our econ- charges for which the American tax- going to higher insurance premiums omy. Health care reform will help payer paid the bill. Our health care rather than higher wages. small businesses thrive by lowering system is not adequately dealing with Last month I talked to small busi- cost, improving service, and enabling frequent users of emergency rooms. ness owners in Medford and Portland, small business owners to focus on mak- The good news is, we can change this. OR, who share strikingly similar sto- ing their businesses more successful. Through increased outreach and co- ries about the problems rising health I yield back the floor to my colleague ordination, we can reduce utilization. care costs are causing for them. Dave from New Hampshire, and I thank her We can save costs. Research shows that Wilkerson runs a Medford architectural for conducting and managing this set after 2 years of participation in a pro- firm that has 12 full-time employees. of conversations from the freshman gram that provides this kind of coordi- He is dedicated to providing a family- Senators today. nated care for people who use emer- friendly work environment, and he pro- Mrs. SHAHEEN. Mr. President, I gency rooms, usage of emergency vides full medical, dental, and vision thank very much Senator MERKLEY for rooms was cut by over half. This trans- coverage to his employees. The com- pointing out what a difference health lates into significant savings for the pany has had to deal with large annual care reform can make for small busi- taxpayer. It is the kind of reform we increases in health care premiums and nesses. must continue to look at if we are has had to change carriers several I will now yield 6 minutes to the Sen- going to change the health care system times in order to try to keep costs ator from Alaska, Mr. BEGICH. and make it work for taxpayers, for down. Health care costs are the second Mr. BEGICH. Mr. President, I thank businesses, and for families. highest expense for David’s firm. Only the Senator. These are only a few examples of how payroll exceeds them. I say to Senator MERKLEY, I am health reform can benefit Americans. This year rising health care costs going to follow up on your points as to We can improve the quality of care forced David and his partners to look small businesses, and they are very available to people, and we can control very closely at either eliminating good points. In Alaska, 52 percent of health care costs at the same time. I health care benefits or laying off em- our population is self-employed, in believe we can do this. Now is the time ployees. some form or another, or they are self- to pass meaningful health reform for Jim Houser and his wife Liz Dally employed and employ many individ- the citizens of New Hampshire and for tell a similar story. They operate the uals. all Americans so we can achieve these Harthorne Auto Clinic in Portland. Again, I am pleased to be back here changes in our system. When they opened their doors 26 years with our freshman colleagues to talk I now yield the floor to Senator ago, they made a commitment to offer about why America needs health insur- MERKLEY for 6 minutes. those who worked for them a good ben- ance reform and why we need it now. The PRESIDING OFFICER. The Sen- efits package, including comprehensive Last week, we busted myths being ator from Oregon. health care. Jim and Liz are still able pushed by the opponents of reform. Mr. MERKLEY. Mr. President, it is a to provide health insurance to their Today, we join forces to describe the pleasure to talk about health care fol- employees, but premiums have gone undeniably positive aspects of reform— lowing upon the remarks of Senator from 9 percent of their payroll to 18 how it will help our friends, our neigh- JEANNE SHAHEEN and Senator MARK percent in 5 years. As a result, they bors, and our loved ones. WARNER, both of whom, as Governors, have had to cut back on benefits. These I rise to address the unquestionable had the opportunity to know firsthand and otherwise successful small busi- link between health insurance reform how important health care reform is to nesses have been hamstrung by health and economic recovery in America. All taking our Nation forward. They come care costs. of us on this floor have heard from

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.016 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10598 CONGRESSIONAL RECORD — SENATE October 21, 2009 those who say we should not do health amount of work, in the sense of the Despite all we spend on health care— reform now, that with the economy legislation, to deal with one-sixth of and in 2009 this figure will approach still hurting, we should wait. Some of our economy. But, again, we will see $2.5 trillion—almost one in two Ameri- that commentary comes from loud and that prop over and over again. But I cans suffers from common, costly, and angry naysayers looking for any excuse hope the American people will see often preventable chronic diseases. to kill reform. through that and see how important The Partnership to Fight Chronic But that concern has also been raised dealing with one-sixth of the economy Disease estimates that almost 80 per- by average Alaskans at our townhall is and how having a bill of that length cent of American workers have at least meetings. It is a legitimate question, is important. one chronic disease, and 55 percent and here is how I answer my constitu- How can we expect American busi- have more than one chronic condition. ents: If we want to do this right, eco- nesses to shoulder such costs and be In fact, treatment of chronic disease nomic recovery and health reform have truly competitive in a global economy? accounts for approximately 75 percent to go hand in hand. You cannot have Here is one example. Right now, Gen- of every dollar spent on health care one without the other. eral Motors reports that health care today. There are already signs in this coun- spending adds $1,500 to the cost of The spending rate is even higher in try of our economic turnaround in every car it produces. Of course, its the Medicaid and Medicare popu- progress. That is welcome news for chief overseas competitors do not have lations, with 83 percent of spending in American breadwinners going back to to worry about health care costs be- Medicaid and 98 percent in Medicare work, for businesses racking up new cause their countries dealt with this going for the treatment of chronic dis- sales, and for manufacturers ramping years ago. ease. up production to fill new orders. We can and must do better. Economic The rapid growth of chronic disease But there is more work to do, more peace of mind is fundamental to our de- increases insurance costs for Ameri- progress to make. That is where health mocracy. It is the goal of every family cans, undercuts U.S. competitiveness, insurance reform comes in because the in this country. It is a cornerstone of and threatens Medicare and Medicaid status quo is directly at odds with the the American dream. viability. Our present health care re- possibility of continued economic Let me say again, if we are serious form effort gives us the opportunity to growth. Here are a few examples. Busi- about economic recovery in this coun- finally reverse this trend. nesses, big and small, have been sad- try, then we must be serious about By empowering and motivating dled with skyrocketing health care health insurance reform. It is a pack- Americans to be physically active and costs for their workers. You have heard age deal. giving them a financial stake in main- Mr. President, I thank you and yield many examples this morning. The av- taining their day-to-day health status, back the floor to the Senator from New erage health insurance premium in health care reform can put the focus Hampshire. Alaska has risen 102 percent in the past Mrs. SHAHEEN. Mr. President, I say back on healthy living. decade—more than doubled. An example we can build on is the re- to Senator BEGICH, thank you very No matter which State you are from, cent success Safeway Corporation has much and thank you for pointing out those premium increases take a toll on had in reducing health care premiums how important health care reform is to business. Money that could go to inno- for many of their employees by pro- our economy. vation, investment, pay raises or added viding them incentives to change their I now yield time to Senator KAUFMAN staff is going instead to insurance. from Delaware. behavior. Today, employer-provided family pre- Mr. KAUFMAN. Mr. President, I The CEO of Safeway, Steven Burd, miums in Alaska average more than thank Senator SHAHEEN for her leader- created a program that rewards em- $14,000, about the annual pay of one ship in putting this together and thank ployees with lower premiums if they new minimum wage job. her for her leadership on health care reduce their tobacco use, lower their Household budgets are also strained. and so many other issues. blood pressure and cholesterol levels, In this decade, health insurance costs I appreciate the opportunity, once and achieve a healthy weight. The for Alaska families have risen five again, to join my colleagues in calling completely voluntary program tests for times faster than wages. That is a loss for the passage of meaningful health these four measures, and employees re- of purchasing power that could be care reform. ceive premium discounts for each test going instead into our local economy This morning, we are answering the they pass. or to education to improve individual question: What can health care reform Aided by this program, obesity and earning power. do for you? smoking rates at Safeway are roughly Of course, my Alaska examples are I wish to take a couple minutes to 70 percent of the national average, and happening in States all over this coun- talk about how health care reform can their health care costs for the last 4 try. The statistics are troubling. help Americans stay active and years have remained constant. Let me Today, one-sixth of the entire Amer- healthy by enhancing prevention and repeat that: Their health care costs for ican economy is devoted to health care wellness services for all Americans. the last 4 years have remained con- costs. Think about it. That is more As I have said many times on the stant. than $2 trillion each year that does not floor, the present health care system is Right now, discounts for healthy be- go to job creation or business innova- out of control. It has become a gigantic haviors such as Safeway’s are limited tion or investments in infrastructure. resource-eating machine which, over to 20 percent of the regular premium. If we do nothing to reverse this time, sucks in more money and deliv- Recognizing the success of the pro- trend—if supporters of the high cost of ers fewer options and poorer care. grams such as these, the health reform insurance manage to kill this reform— As odd as it sounds—and it does bills moving through Congress include this problem will get much worse. By sound odd—health is not always the provisions to expand the premium dis- the time my 7-year-old son is raising top priority in the present health care counts for healthy behaviors from 20 his family, one-third of the entire U.S. system. The current system, all too percent to 30 percent. economy could be consumed by health often, waits to treat illness and re- Another attempt to bring increased care. spond to health problems until they be- wellness to the workplace through Yesterday, on the floor of the Senate, come particularly acute and costly to health reform is a measure that pro- one of our colleagues in opposition to treat. vides grants to small businesses to pro- health care reform put up a prop— Promotion of health, both physical vide access to comprehensive, evi- which we will see over and over again— and mental health, is not given a top dence-based workplace wellness pro- a large bill that was put on the desk. It priority in the present health care sys- grams that would help employees make is about 1,500 pages of the Finance bill, tem because, frankly, it is not re- healthier choices. and over time that will change. But warded. Because of this lack of empha- These are both positive steps to pro- when you think about it, one-sixth of sis, our present health care system is mote healthy behaviors and give incen- the economy will be decided by that weighed down by Americans who battle tives to keep premium costs under con- bill—1,500 pages. To me, that is a small one or more chronic diseases every day. trol.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.017 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10599 Also, by authorizing and expanding ator from New Hampshire. I thank her affordable choices for coverage. I be- school-based health clinics, health care for her leadership on the floor and for lieve the best way for making this hap- reform gives America’s children more the hard work she has done on this pen is through a health insurance ex- opportunity to learn about the merits issue. I know everybody back in New change that includes a strong public of healthy behaviors at a young age, Hampshire very much appreciates that. option. Inserting more choice into the giving them the tools they need to This is the fourth time the Senate’s market would keep insurers honest and make healthier choices throughout freshman class has gathered on the allow consumers to compare plans and their lives. Senate floor to talk about health re- prices and decide what works best for In addition to promoting healthy form. Already we have talked about them. lifestyles among American workers and why maintaining the status quo is not With health care reform, we must children, health care reform will make an option. We have talked about how also address the growing doctor short- it easier for those enrolled in Medicare reform will contain costs and dispel the age in rural America. In my State, for and Medicaid to gain access to preven- myths about reform. We have talked example, 30 of 33 counties are cat- tive services and wellness programs. about how reform will mean many egorized as ‘‘medically underserved.’’ This is incredibly important not only things to many different people. What I Americans should not have to travel for the individual health of the enroll- wish to talk about today is what re- hundreds of miles for health care. ees but also to reduce the long-term form will mean for rural New Mexi- Whether it is lifesaving treatment for a costs of chronic disease in these pro- cans. heart attack or a basic preventive serv- grams. Our rural areas are the backbone of ice such as a mammogram, people are For instance, health care reform will America. It is where we grow our food. more likely to get the help they need provide Medicare beneficiaries with a It is where the values and traditions when they need it if the services are free visit to their primary care pro- that make our country unique con- close to home. Through incentives such vider every year to create and update a tinue to thrive. It is where the poten- as low-interest student loans, loan re- personalized prevention plan. These tial for a clean energy future grows payment programs, and scholarships plans can address health risks and brighter and brighter every day. Unfor- for students and midcareer profes- chronic health problems and design a tunately, our rural areas are also sionals, we can encourage more doctors schedule for regular recommended pre- places where the disparities in Amer- and nurses and specialists to establish ventive screenings. ica’s health care system are the most and grow their medical careers in rural Health care reform will also elimi- startling. America. nate out-of-pocket costs for preventive It shouldn’t matter whether one lives Finally, with health care reform, we services for Medicare beneficiaries, in a vast metropolis such as New York must better support rural hospitals making these services more affordable City or a frontier town in New Mexico. that serve large numbers of low-income and increasing the likelihood they will All Americans, regardless of where we and uninsured patients. This could be seek early care before the cost of treat- choose to call home, deserve access to through initiatives such as expanded ing a disease is prohibitive. quality, affordable health care. drug discount programs, increased For those enrolled in Medicaid, However, the reality is that right Medicare payment caps for rural health health care reform will offer tobacco now, where one lives does have a big plans, increased National Health Serv- cessation services to pregnant women, impact on whether they have access to ice Corps doctors, and expanded dem- create a new State option for providing quality, affordable coverage. Ameri- onstration programs to test reasonable chronically ill individuals with a cans living in rural areas are more cost reimbursement for small and rural health home aide to coordinate care, likely to be uninsured, and if they do hospitals. and encourage States to cover preven- have insurance, it can be very difficult tive services recommended by the U.S. to find a doctor. As a result, rural We will never achieve true reform in Preventive Services Task Force. Americans end up getting sicker, they our country if we don’t address the Again, these are all steps that begin have higher rates of chronic disease, very real health care challenges facing to reward preventive medicine and give and they are often forced to travel hun- rural Americans from the deserts of people the incentive to utilize such dreds of miles for preventive or emer- New Mexico to the mountains of Maine services. gency care, if they are able to find any and everywhere in between. The im- The PRESIDING OFFICER. The Sen- at all. provements I have outlined are a good ator has used 6 minutes. I have seen these disparities first- start, but there is more left to do, and Mr. KAUFMAN. Mr. President, may I hand, as a Member of the other Cham- I plan on talking about how we can ac- have 1 more minute? ber and now a Senator for one of the complish this in the coming weeks. Mrs. SHAHEEN. Yes, 1 minute. most rural States in the Nation. Geo- We have traveled a long way over the Mr. KAUFMAN. In short, the long- graphically, New Mexico is the fifth past few months. I applaud my fellow term financial viability of the health largest State in the country with more freshman Senators for standing up care system requires a focus on im- than 120,000 square miles of some of the each week and making sure their proving health and addressing the bur- most beautiful land that God created. voices were heard in this process. I be- den of chronic disease. Of the 2 million people who call New lieve, working together, we can create Health care reform gives us the Mexico home, about 700,000 live in rural a system where all people can find and chance to facilitate our health sys- areas. Several places in New Mexico afford quality health insurance that tem’s transition from one that focuses are so sparsely populated they are clas- provides the care they need. We can on just treating illness to one that is sified as frontier areas with less than guarantee quality, affordable health more designed to prevent or delay dis- six people per square mile. insurance to every American, and we ease onset and progression. Many of New Mexico’s rural residents must do that. It is time to gather our collective are farmers and ranchers, and they run Thank you, Mr. President. I yield to will and do the right thing during this their own businesses. Their only access the distinguished Senator from New historic opportunity by passing health to health insurance is often through Hampshire. care reform. We can do no less. The the individual market where coverage The PRESIDING OFFICER (Mr. American people deserve no less. can be extremely expensive, difficult to Thank you. obtain, and nowhere near as com- KAUFMAN). The Senator from New Mrs. SHAHEEN. Mr. President, I prehensive. As a result, rural Ameri- Hampshire. thank very much Senator KAUFMAN for cans pay nearly half of their health in- Mrs. SHAHEEN. I thank Senator giving us one more reason why we need surance costs out of pocket, and one in UDALL very much for giving us another to address health care reform. five farmers lives in medical debt. reason health care reform is going to I now yield 6 minutes of my time to With health care reform, we must en- be good for our families and for Amer- Senator UDALL of New Mexico. sure that America’s farmers and ranch- ica. Mr. UDALL of New Mexico. Mr. ers, as their small business counter- Now I wish to yield 6 minutes to the President, I thank very much the Sen- parts in more urban areas, have more Senator from Colorado, Mr. BENNET.

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.018 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10600 CONGRESSIONAL RECORD — SENATE October 21, 2009 Mr. BENNET. Mr. President, I wish health care-related and 78 percent of have resorted to lies and distortions to to thank the Senator from New Hamp- those health care-related bankruptcies try to scare the American people into shire for yielding, as well as the Sen- are happening to people who have in- siding with the big insurance corpora- ator from New Mexico for his excellent surance, working families who have in- tions. They talk about death panels comments. surance. I am tired of the fact that we and government takeovers and a lot of I am a father of three little girls who have public hospitals in Denver that 2 redtape between ordinary people and are 10, 8, and 5. One of the things I miss or 3 years ago spent $180 million of tax- their doctors. These myths have been most in being here and not being in payer money on uncompensated care debunked many times. They have had Colorado is being able to read to them for people employed by small busi- no basis in reality. at night or be with them. Over the nesses. I believe the American people are years, we have moved from one story So I think what we are talking about tired of the scare tactics and the dis- to another. Harry Potter is now being at the end of the day is trying to create honesty. They are too smart to fall for read. But I heard a story from Colorado some stability for our working fami- this kind of tactic. They are interested this morning that I couldn’t believe lies, trying to create some stability in the truth behind our reform pro- that reminded me so much of and some fairness for our small busi- posals. They just want to know: What ‘‘Goldilocks and the Three Bears.’’ So nesses that, after all, are paying 18 per- can health care reform do for me? that is what I wish to talk about today. cent more to cover their employees This is what reform with a public op- In Colorado, we have a young boy just because they are small. tion can do for all Americans: It can named Alex Lange who is 4 months old. Politics has gotten in the way of re- make insurers compete for their busi- He is 17 pounds. Several weeks ago he form of our health care system for ness. Reform with a public option will was denied insurance because of his more than 20 years. It has been longer restore choice to an insurance market ‘‘preexisting condition’’ which, in his than that. In the last 10 years alone, that is currently dominated by only a case, is obesity. Bernie and Kelli the costs of health insurance premiums few companies. In my home State of Il- Lange, his parents, tried to get insur- have gone up 97 percent in my State, linois, two companies control 69 per- ance and were told by an insurance while median family income has de- cent of the insurance market. In some broker that their baby was too fat to clined by $800 over this same period. places, the market is even more con- be covered. As his father said: This is unsustainable for our working centrated. As any businessman will tell [I] could understand if we could control families. It is unsustainable for us as us, as competition shrinks, profits what he is eating, but he is 4 months old. He an economy, for us to spend more than soar. That is bad for the consumer. is breastfeeding. We can’t put him on the At- twice what any other industrialized Between 2000 and 2007, profits in- kins diet or on a treadmill. country in the world is spending on creased by an average of 428 percent So that was one story of a child who health care. We can’t hope to compete among 10 of America’s top insurance is too fat to be covered. in this global economy when we are de- providers. Other insurance premiums Today we have the story of Aislin voting more than twice what anyone Bates. By the way, in the Lange case— are rising four times faster than wages. else is spending on health care. Big corporations have the American and I want the record to reflect this— We can do better. The commonsense the insurance company did the right people in a vice grip, and they are reforms that are in front of us and that squeezing them for extraordinary prof- thing, which is to say: We made a mis- I am sure are going to be improved take, and we need to cover this young its. It is time for this to end. upon in the coming weeks are a big If we reform the insurance industry man. step forward for working families and Today comes the story of Aislin and create a not-for-profit public small businesses. It is going to be a big health option, it will force private Bates who is 2 years old, 22 pounds, de- step forward for these young children nied insurance because of her ‘‘pre- companies to improve their prices and in Denver, CO, and in the rest of our their products. It will restore choice existing condition,’’ which is that she State who can’t be denied coverage be- is underweight. Rob and Rachel, her and competition to the market and will cause they are not ‘‘just right,’’ be- help make our insurance more afford- family, tried to get insurance and they cause they are too big or they are too received a letter saying: able. small or there is one other issue that If you like your current plan, no one We are unable to provide coverage for nobody anticipated. Aislin because her height and weight do not will force you to switch to a public op- Our families need help. They need tion. Understand: If you have your doc- meet our company’s standards. stability in order to get ahead. That is tor, you have your providers, and you Her pediatrician wrote a letter in why I support this health care reform have insurance coverage today, we are support of the family’s request to ap- effort. peal the insurance company’s decision, I wish to thank, again, the Senator not going to impact you. But if your but the company stuck by its decision. from New Hampshire for her leadership insurance provider isn’t treating you The Bates family has said it costs as this morning and throughout the right or is not giving you the coverage much to cover Aislin under COBRA as months as we have been talking about you need, you will have the ability to it costs to cover the remaining three this issue. I look forward to working shop around. You can buy a better pri- family members. with her in the coming weeks as we fi- vate plan that is guaranteed to be af- So in Colorado we have children who nally bring this matter into its safe fordable for someone of your income are too big to be insured; we have chil- harbor. level or you can choose the public op- dren who are too little to be insured. Thank you, Mr. President. I yield the tion which will set its premiums at an The reason this reminded me of floor. affordable rate. Then it will rely on Goldilocks was that it looks as though Mrs. SHAHEEN. I thank Senator those premiums to remain self-suffi- you have to be ‘‘just right’’ to get in- BENNET very much for yet another rea- cient. surance, even if you are an infant. son we must pass health care reform. These are the facts. This is what We can do better than that as a coun- Now I wish to yield 6 minutes to Sen- health insurance reform with a public try, and we are proposing to do better ator BURRIS from Illinois. option means to the American people: than that as a country. One of the most Mr. BURRIS. I thank the Senator competition, choice, and affordability. important parts of this insurance re- from New Hampshire. That is why I refuse to compromise on form is to get rid of denials of coverage Mr. President, this week my fresh- the public option because it is the only based on preexisting conditions. I have man colleagues and I have come to the way to give the American people the spoken to many people who work for Senate floor to answer a simple ques- quality affordable care they deserve. insurance companies that are tired of tion. It is a question we have been Let me be as clear as I possibly can. having to deny claims for this or for hearing from ordinary Americans I will not vote for any health reform that or relying on the fine print when across the country. They want to bill that does not include a public op- they know the right thing to do is to know: What can health care reform do tion. I ask my colleagues to stand with provide coverage. for me? me. We have been debating reform for I am tired of living in a country I believe this question deserves an almost a century. Now is not the time where 62 percent of bankruptcies are honest answer. Opponents of reform to back down. Now is the time to act

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.019 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10601 on our convictions. Let’s do this for surance. It also provides security and form and health care reform to address the American people. Let’s make a stability for people with insurance, ex- things such as preexisting conditions. public option a reality. pands access to health insurance for I talked about the fact that health I yield back my time to the distin- people without it, and it will stop care reform can both lower costs and guished Senator from New Hampshire. draining the finances of American fam- improve quality for Americans. Mrs. SHAHEEN. Mr. President, I ilies and the Treasury. The Finance Those are nine critical reasons why thank Senator BURRIS for pointing out Committee’s bill also includes these health care reform is going to be im- that we need health care reform to get critical elements. portant to help American families, competition in our health care indus- My goal is to send the President a American businesses, the American try. bill that gives people the peace of mind economy. I yield 6 minutes to the Senator from that if they change or lose their job, as The time to act is now. Hopefully, we North Carolina, Mrs. HAGAN. Tim did, they will no longer have to can act in a bipartisan way. But we Mrs. HAGAN. Mr. President, I am fear losing their health insurance too. must act to make a difference for this joining my colleagues on the floor Every single day I hear from North country and for families. today to discuss the need for health Carolinians who are looking for an op- Mr. President, I yield back the re- care reform and what it means for portunity to purchase quality afford- maining time in morning business. I Americans with preexisting conditions. able health insurance and protect their yield the floor and suggest the absence Millions of Americans live today families. Hard-working Americans, of a quorum. with what insurance companies de- such as Tim and Marilyn, simply can- The PRESIDING OFFICER. The scribe as preexisting conditions. They not afford to wait any longer. clerk will call the roll. I yield back my time. range from something as common as The bill clerk proceeded to call the Mrs. SHAHEEN. Mr. President, I asthma or diabetes to diseases such as roll. thank Senator HAGAN for yet another cancer or MS. Some insurance compa- Mr. JOHNSON. Mr. President, I ask nies, believe it or not, even consider a reason why health care reform is going to make a difference for Americans. unanimous consent that the order for C-section to be a preexisting condition. the quorum call be rescinded. Under our current system, if you are This morning, the freshman Senators have again talked about why we must The PRESIDING OFFICER. Without shopping for insurance on the indi- objection, it is so ordered. vidual market and you have a pre- pass health care reform. We have heard f existing condition, you are faced with nine very important reasons why health care can make a difference for one of three frightening choices: One, CONCLUSION OF MORNING American families. you could be denied coverage alto- BUSINESS We heard from Senator WARNER that gether; two, you could be charged an health care reform is going to be crit- The PRESIDING OFFICER. Morning exorbitant premium; three, you could ical to States as they look at the rising business is closed. be granted insurance with a rider that costs of Medicaid in their budgets and f stipulates your insurance company is how to get those health care costs EXECUTIVE SESSION not required to cover your preexisting under control. condition. We heard from Senator MERKLEY why Recently, I received an e-mail from a health care reform is critical to help NOMINATION OF ROBERTO A. family in Mooresville, NC, that truly small businesses as they are trying to LANGE TO BE UNITED STATES underscores why millions of Americans cover their employees and deal with DISTRICT JUDGE FOR THE DIS- living with preexisting conditions sim- the costs as they get out of this reces- TRICT OF SOUTH DAKOTA ply can no longer afford inaction on sion. The PRESIDING OFFICER. Under this issue. We heard from Senator BEGICH about Seven years ago, Tim became dis- why health care reform is critical as the previous order, the Senate will pro- abled and lost his job. Because he lost we are looking at economic recovery. ceed to executive session to consider his job, his wife Marilyn also lost her Health care costs are 18 percent of this the following nomination, which the coverage under his employer-provided economy, one-sixth of this economy, clerk will report. plan. Tim’s health care, which requires and we cannot allow those costs to con- The bill clerk read the nomination of his wife Marilyn to provide constant tinue to grow at this rate and expect Roberto A. Lange, of South Dakota, to home care, is covered by Medicare. But we are going to be able to recover be U.S. District Judge for the District Marilyn has Osler’s disease, which is a robustly from this recession. of South Dakota. blood disease considered to be a pre- We heard from you, Mr. President, The PRESIDING OFFICER. Under existing condition by her insurance about why health care reform is going the previous order, there will be 2 company. Marilyn is only able to pur- to improve prevention and wellness. hours of debate equally divided and chase a high-cost, high-deductible plan. The goal is to make us a healthier pop- controlled between the Senator from Compared to Tim’s illness, her condi- ulation, and health care reform can Vermont, Mr. LEAHY, and the Senator tion is relatively minor. But over the help spur that. from Alabama, Mr. SESSIONS, or their last 7 years, they have racked up more We heard from Senator BENNET about designees. than $72,000 in debt for her health care. why health care reform is going to help The Senator from South Dakota. And this past year, her health insur- people who already have health insur- Mr. JOHNSON. Mr. President, a few ance premiums cost more than the ance, to make that health insurance weeks ago I stood here on the floor and mortgage on their home. better provide for families who need it. offered my support for Jeff Viken to be Unfortunately, there are millions of We heard from Senator BURRIS about a District Judge for South Dakota. Americans all across our country such why health care reform is going to be That nomination passed with a vote of as Tim and Marilyn who are literally critical to making health insurance 99 to 0. Today, I am here to encourage one medical emergency away from companies compete for business and, my colleagues to offer the same sup- bankruptcy. This couple is sick and therefore, better accommodate the port for Roberto Lange, also a nominee stuck. health issues families have. to be a District Judge for South Da- Over the last 10 years, medical pre- We heard from Senator UDALL about kota. I spoke at that time of the im- miums in North Carolina have sky- why health care reform is going to portance of Federal judgeships and the rocketed, increasing 98 percent, while make a difference for rural areas, lifetime tenure of these appointments. wages, on the other hand, have in- places such as the north country of The lifetime appointment of a Federal creased only 18 percent. New Hampshire where we have too judge is a very serious decision; one The Health, Education, Labor, and many people who have to spend too that has a lasting impact on our de- Pensions Committee, of which I am a much and go too far for their health mocracy. member, crafted a bill that ensures a care. When I last spoke on the floor nearly preexisting condition never again pre- We heard from Senator HAGAN about a month ago, only two judges had been vents anyone from obtaining health in- the importance of health insurance re- confirmed—including now-Justice

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.023 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10602 CONGRESSIONAL RECORD — SENATE October 21, 2009 Sotomayor. That day, we confirmed a needs of our commanders and troops on Even if the naysayers continue to ig- third judge. That confirmation was Jeff the ground. I was concerned then, as I nore this important truth about secu- Viken to fill a vacancy in my home am now, that continued wavering by rity in Afghanistan, yesterday’s an- State of South Dakota. Since that time the administration and others in Wash- nouncement that a run-off election will no other judges have been confirmed by ington could unravel the hard work by now be held on November 7 has made the Senate. I am proud to have both our military and intelligence profes- that red herring of an excuse gone and the third and the fourth judges con- sionals on the battlefields of Afghani- useless. In light of this electoral proc- firmed by the Senate this Congress to stan. ess in Afghanistan and the progress be for the District of South Dakota. As the ‘‘friendly’’ death toll con- that has been made, what are we hear- However, it is my understanding that tinues to rise in Afghanistan, political ing from the White House? As though there are currently ten other judicial indecision here in Washington persists. this decision seemed something to be nominations pending on the Executive We have heard no firm commitment applauded, the administration con- Calendar. We are lucky in South Da- from the administration to the fully tinues to proclaim its indecision. kota to have our vacancies filled so resourced counterinsurgency strategy Today, the White House press secretary quickly, but I encourage my colleagues the President forcefully outlined last said, ‘‘It’s possible,’’ but there are no to act swiftly to fill these other vacan- spring. I came to the floor and I sup- guarantees that a decision may be cies. ported the President’s counterinsur- made before the election—17 days from Mr. Lange has an impressive back- gency strategy fully; and with General now. More people killed, more progress ground. He has over 20 years of experi- McChrystal’s recent report to imple- for the Taliban, more wondering and ence practicing law in South Dakota. ment that strategy to deal with the hesitancy by the Afghans we are trying Before that, he clerked for the very situation in Afghanistan, I fully sup- to serve. same docket that he has been nomi- ported President Obama’s statements It is a simple question: Will we sup- nated for. He attended Northwestern in March. port President Obama’s commanding University School of Law on a full tui- But instead of commitment, the past general, Stan McChrystal, or not? I have heard some pundits opine that tion scholarship where he was on the few weeks have brought a flurry of in- delaying a few more weeks won’t make dean’s list every semester. Prior to ternal debate in the administration any difference because it will take that, he completed his undergraduate and in the media about the basic tenets some time for troops to get there any- degree at the University of South Da- of the strategy and assessment—coun- way. Using that logic, no decisions kota, my law school alma mater. In ad- terinsurgency versus counterterrorism; need to be made for months. But it is dition, Bob has received a well-quali- clear, build and hold, or fire and fall pretty clear postponing any decision fied rating from the American Bar As- back; more troops versus fewer strat- egy; crafting a strategy or crafting a simply postpones the date of actual en- sociation. gagement. And even the right strategy I am proud to have put Bob’s name strategic message. In what must be a won’t work if it is not implemented on forward for this post. It is a great historic first, it appears I am more sup- time. We are losing time, and it can honor that President Obama has placed portive of the President’s own strategy never be recovered. It certainly won’t than the President is. on Bob with this nomination. South work if it is never acknowledged as our Dakota will be well served by this se- Amidst this indecision, our Afghan people, our NATO, ISAF, regional al- strategy. lection. I congratulate Bob and his Defense Secretary Gates waved a red lies, and our own troops wait. The Af- family on this accomplishment. flag recently, noting that the United ghans wait to hear if the United States It is with great confidence in his States cannot wait for questions sur- will continue to stand beside them in abilities that I will cast my vote today rounding the legitimacy of the Afghan spite of the growing threats of the in- for the confirmation of Roberto Lange Government to be resolved before a de- to be the next U.S. Federal District surgent violence of the resurgent cision on General McChrystal’s troop Judge for South Dakota. I urge my col- Taliban control. Our allies wait to see request is made. He understands what I leagues to support this very qualified if they were wrong to put trust and believe is a simple truth: The longer we nominee. confidence in the U.S. leadership in the wait, the stronger and more deter- Mr. President, I suggest the absence region. Our military forces and brave mined the enemy gets. of a quorum, and I ask unanimous con- civilians who serve in Afghanistan Read the papers. Violence is up this sent that the time under the quorum under constant stress and mortal dan- season over last. Violence is up this call be equally divided. ger wait to see if their sacrifices and year over the last. The Taliban con- The PRESIDING OFFICER. Without those of their fallen comrades will have tinues to gain influence in parts of Af- objection, it is so ordered. The clerk been in vain. ghanistan. We keep fighting with what will call the roll. We have heard excuse after excuse, we have, but the insurgents keep get- The bill clerk proceeded to call the constant attempts to justify delay. ting stronger. We cannot and must not roll. Over the past week, another red her- wait any longer for a decision. Mr. BOND. Mr. President, I ask unan- ring was floated by some officials—we It comes down to this: Delay leads to imous consent that the order for the have to wait until the dispute sur- defeat, not victory. Our commanders in quorum call be rescinded. rounding the Afghan elections are re- the field—the real experts who see The PRESIDING OFFICER. Without solved. This red herring—and those firsthand what is required for victory— objection, it is so ordered. people peddling it as an excuse—has have asked for more boots on the Mr. BOND. Mr. President, I ask unan- missed a truth even more applicable to ground, and there is no reason not to imous consent to speak up to 15 min- the mountains and villages, and our give them those troops now. While poli- utes as in morning business. towns and cities here in America—all ticians and pundits debate here, the The PRESIDING OFFICER. Without politics is local, and so is the security enemy is building strength and estab- objection, it is so ordered. that the Afghan people need. lishing even greater control over Af- AFGHANISTAN/PAKISTAN STRATEGY While we would all like to see a pris- ghanistan, the Afghan people, and fu- Mr. BOND. Mr. President, I rise tine election in Afghanistan—some- ture generations of potential terror- today to renew my call for President thing we still haven’t accomplished 100 ists. While we talk here, American he- Obama to give full support to his top percent in our own Nation—the roes and our ISAF and Afghan allies military commander in Afghanistan, Taliban is not waiting for election re- are dying in increasing numbers in the GEN Stanley McChrystal. sults as they continue to kill our barren regions of Afghanistan. Several weeks ago, I stood in this troops and attack the people of Af- In a war where winning hearts and Chamber and made the case for our ghanistan and gain momentum. Secu- minds is critical, delay in Washington Congress and the American people to rity in Afghanistan will not come from is a public diplomacy disaster in Af- hear directly, and as soon as possible, Kabul. It will have to be built village ghanistan and abroad. It advertises our from General McChrystal to ensure by village and valley by valley. That is lack of resolve to our allies and the that political motivations here in what the counterinsurgency strategy is people of Afghanistan. The Afghan peo- Washington do not override the vital designed to do. ple have been disappointed by the

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.001 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10603 United States before. Now they need to this reason, I was disappointed to learn one part of this regional conflict will know with certainty that the United yesterday of the House majority lead- ultimately hand victory to the world’s States will not abandon them again in er’s criticism of Members of Congress most violent and feared terrorists—the this fight against terrorism. Our allies, who are calling on President Obama to same terrorists whom our Nation wit- who are at this very moment being make a decision now. Well, I am one of nessed firsthand attack so brutally, urged by the Secretary of Defense to them. violently, and with such deadly force contribute to the Afghan campaign, The majority leader, in trying to jus- on September 11. need to know that we will remain by tify the administration’s wavering, ac- We have seen polls that signal waver- their sides to defeat this enemy to- cused Republicans of abandoning their ing support among the American peo- gether. Instead, the message we are focus for the past 7 years. I don’t hap- ple for this war in Afghanistan. But I sending is one of absurdity. pen to think that is true. But whatever have faith in the American people. Imagine this diplomatic sales job: We your opinion on the matter is, it is They are resilient, they are proud of send a diplomat out and say: ‘‘Friends simply no longer relevant. The actions their country, and they understand the in Afghanistan, we would like to keep of one administration do not justify price of doing nothing. They are deter- fighting the good fight against the ter- handing victory to terrorists through mined the sacrifices of their sons and rorists and insurgents, but we haven’t the indecisiveness of another adminis- daughters, husbands, wives, and chil- yet decided how strong our commit- tration. The battle before us in the Af- dren serving in Afghanistan will not be ment is.’’ I would like to see that mes- ghan/Pakistan region is today. General in vain. We owe them no less. sage sell. And to our allies around the McChrystal has laid out an implemen- I call on President Obama to end this world: ‘‘We would really like for you to tation of the winning strategy for Af- indecision and to show the American contribute more troops and resources ghanistan, which the President set out, people and our allies the same resolve for this fight, but we need a few more and the President’s decision is simple: and determination I heard in his words weeks to decide what our contributions Do we implement it or not? of last spring. It is time for him to will be.’’ That message isn’t going to The answer should be simple. By an- speak out, to make the decision, ex- work either. nouncing publicly his unequivocal sup- plain why it is important, and to carry I strongly doubt this new brand of port for General McChrystal’s request, that message not just to Americans public diplomacy will sell for much in agreeing to send the troops that are but to allies and enemies throughout the streets of Kabul or the villages of needed, the President can send a mes- the world. Last spring he said: Nangarhar. What this message does tell sage of firm resolve to our enemies and Our spirit is stronger and cannot be bro- the people of Afghanistan and the key to our allies. He can give our com- ken; you cannot outlast us, and we will de- Shura leaders across the country is: manders on the ground—the same mili- feat you. Don’t trust the Americans, and instead tary experts he chose for this mission— General McChrystal has said we must look to the Taliban as the most likely the resources they have requested. He act quickly to defeat the terrorists and force for the future in Afghanistan. A can create a strategic communications insurgents. Now is the time for Presi- disaster. plan that tells our enemies, our allies, dent Obama to support his commanders Perhaps even more troubling is the and the American people of our inten- on the ground and silence the pessi- message this wavering sends to our ter- tions for the region. mistic political winds whispering de- rorist enemies. If they simply wait us The last point is particularly impor- feat in Washington. out, we will go home in defeat. While tant. We are at a crossroads in Paki- Mr. President, I yield the floor. the administration dithers, the terror- stan. We can take the road of expedi- I suggest the absence of a quorum, ists have honed their own message of ence and continue to listen to Paki- and I ask unanimous consent that the hatred and extremism. Radical Islamic stani officials, who claim they have no time during the quorum be charged terrorists have staged suicide attacks control over the Taliban, have no idea equally to both sides. for maximum publicity, propagandized where Mullah Omar is, and have only The PRESIDING OFFICER. Without their message on the Internet, and con- limited capability to decrease terrorist objection, it is so ordered. The clerk vinced their fellow terrorists-at-arms safe havens in their country or we can will call the roll. that they will defeat the international take the better path and encourage our The bill clerk proceeded to call the community. Pakistani allies to reclaim their na- roll. In the years leading up to the 9/11 at- tional sovereignty in the tribal areas Mr. CARDIN. Mr. President, I ask tacks, al-Qaida—operating under the and provide the stability and security unanimous consent that the order for Taliban control in Afghanistan—was that is the right of a people to expect the quorum call be rescinded. emboldened by our lukewarm response from their government. I believe I The PRESIDING OFFICER. Without to their attacks and provocations. speak for many of my colleagues when objection, it is so ordered. Failing to commit to victory now will I say we should expect more from our Mr. CARDIN. Mr. President, I ask only embolden these enemies of free- allies to whom we give so much. But unanimous consent that during debate dom that much more to stage more at- they need to hear that we are serious on the nominees, all time during tacks. about our mission there as well. Paki- quorum call and recess be charged Let there be no doubt, from all that stan has the right to be concerned equally to the majority and minority I have read and all that I have learned when the United States appears to be sides. in my travels to the region, and heard faltering in its determination to re- The PRESIDING OFFICER. Without here, if we fail now, if the Taliban re- main in the fight. We failed in this re- objection, it is so ordered. turns to power in Afghanistan, the gion in the past, so we should not be Mr. CARDIN. Mr. President, I take price we pay in the future will be far surprised if our continued wavering in- this time to bring to the attention of greater than any price General stills heightened insecurity. I have spo- my colleagues the effect these holds— McChrystal is asking us to pay now. ken in this Chamber before about the in most cases anonymous holds that We have to decide which price we are importance of including Pakistan in are being placed by Senators on judi- going to pay. our efforts to defeat terrorism in the cial appointments—are having on the The stakes are high. General region. Afghanistan and Pakistan are lives of judicial officials and on the ef- McChrystal’s strategic assessment inextricably linked. More aggressive fectiveness of the judicial branch of makes clear the situation in Afghani- action may become a good thing in government. stan is deteriorating and the Taliban is Pakistan, but such action should be in So far, President Obama has nomi- gaining momentum. The causes of this addition to, not as a substitute for, giv- nated four circuit court judges who are deterioration have been debated by my ing our troops in Afghanistan all the awaiting confirmation. One of those is colleagues countless times over the resources they need. Andre Davis to the Fourth Circuit of past several years. Pointing fingers for While denying al-Qaida and Taliban Maryland. I mention his name because past judgments or even past mistakes, militants sanctuary in the border re- he was appointed by President Obama however, does nothing to solve the gions of Pakistan is critical, a fire-and- early this year. The Judiciary Com- problems of today in Afghanistan. For fall-back-only approach focusing on mittee held a hearing in April of this

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.025 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10604 CONGRESSIONAL RECORD — SENATE October 21, 2009 year. In June, the Judiciary Com- tant that we all speak out, whether care is a quality system that allows mittee recommended his confirmation Democrats or Republicans. It is just the kind of reimbursements so we can by a strong bipartisan vote of 16 to 3. wrong. It is time to move these nomi- continue to have the quality of pro- When we finally get a chance to vote nations to the floor of the Senate and viders, physicians, and others we have on Judge Davis’ confirmation to the to have votes up or down on these today. court of appeals for the circuit court, I nominees. This bill, S. 1776, would allow us to do am confident it is going to be a lop- I urge my colleagues to let us get on away with what has become a very sided vote among the Members of the with the business we were elected to flawed process. Every year we postpone Senate. Yet we have been denied the do, to advise and consent to the Presi- the cuts that have been proposed be- opportunity to confirm his appoint- dent’s appointments. If we have a prob- cause we know they are flawed. We ment because some Senators put on a lem with an appointment, let’s speak know this time of year, if we do not hold. Every time we tried to get a time out against it and let’s have that type take action, there would be a 21-per- agreement, which everybody says is of debate. But delay for delay’s sake is cent cut in Medicare for physicians reasonable, there was an objection. I do not befitting the Senate. I urge my col- who serve our seniors and people with not believe it is aimed at Judge Davis; leagues to allow these appointments to disabilities. Because Medicare and I believe it is a strategy by my Repub- go forward with up-or-down votes on TRICARE are tied together, that cut lican colleagues to slow down the con- the floor of the Senate. would also affect our military men and firmation process of judges. I don’t I yield the floor and suggest the ab- women and their families and retirees know why. I really do not understand. sence of a quorum. from the military. So, of course, we do When we have a judge who is qualified, The PRESIDING OFFICER. The not want that to happen. We are not who is not controversial, why would we clerk will call the roll. going to allow that to happen. But deny the judicial branch of government The bill clerk proceeded to call the rather than every year—every year, the judge it needs in order to carry out roll. every year—deciding at the last minute its responsibility? Why would we put Mr. CARDIN. Mr. President, I ask we are going to stop these devastating people through this process of waiting unanimous consent that the order for cuts, putting physicians in the situa- for the Senate to confirm when it is the quorum call be rescinded. tion where they are not sure how to clear the overwhelming majority is in The PRESIDING OFFICER. Without plan, worrying our seniors, worrying support of the confirmation? I think objection, it is so ordered. those in our military and retired mili- Mr. CARDIN. Mr. President, I ask Judge Davis presents an example. Let tary personnel, now is the time to unanimous consent that the final 30 me try to put a face on it. You hear the change the formula to stop it. numbers, you hear the statistics, but minutes prior to the 2 p.m. vote be re- By doing that, by passing this legis- each one of those holds represents an- served for the chair and ranking mem- lation, we then set the stage for health other person being denied the oppor- ber of the Judiciary Committee or care reform where, in fact, under EAHY tunity to serve as a judge. their designees, with Senator L health care reform, we have a different controlling the final 15 minutes. Judge Davis has an extremely long set of incentives. We focus on strength- The PRESIDING OFFICER. Without and distinguished career in the Mary- ening Medicare in a way that improves land legal community. He graduated objection, it is so ordered. Mr. CARDIN. I suggest the absence of quality access for seniors. We focus on from the University of Pennsylvania a quorum. incentivizing prevention. We focus on cum laude and with a JD degree from The PRESIDING OFFICER. The incentivizing primary care doctors the University of Maryland School of clerk will call the roll. with a different system that will pro- Law, where he still teaches classes as a The bill clerk proceeded to call the vide bonuses and payments for our pri- faculty member. He has been a judge roll. mary care doctors. on the District Court of Maryland since Ms. STABENOW. Mr. President, I ask So we have a new system. We have a 1995 when he was confirmed by the Sen- unanimous consent that the order for new vision for strengthening Medicare, ate. He has had a long career—22 the quorum call be rescinded. strengthening our health care system. years—as a district court judge. He has The PRESIDING OFFICER. Without But right at the moment, we also have presided over literally thousands of objection, it is so ordered. this failed system in place that we are cases. Many of these have gone to ver- Ms. STABENOW. Mr. President, I ask kind of stuck with unless we can say: dict and judgment. His record is one consent to speak as in morning busi- We are done. We are going to start which lawyers and his colleagues on ness. again. We are going to start from a dif- the bench praise as being well bal- The PRESIDING OFFICER. Without ferent budget baseline, and then move anced, as that of a judge who under- objection, it is so ordered. forward on health care reform. stands the responsibilities of the judi- MEDICARE PHYSICIAN FAIRNESS ACT That is exactly what I have been cial branch of government. He tries to Ms. STABENOW. Mr. President, I wanting to do with this legislation. call the cases as the law dictates, and rise today to speak about a motion we That is why I am so appreciative of the there is absolutely no blemish on his will be voting on after the nomination fact that our majority leader, Senator record as a trial court judge. He has that is currently before the Senate, REID, understands and is committed to been praised by lawyers in Maryland as and that is the motion to proceed to a making this change. His commitment smart, evenhanded, fair, and open- very important bill for seniors on to Medicare, his commitment to our minded. He has received a ‘‘well quali- Medicare coverage, for the disabled, for seniors, our military personnel, and to fied’’ rating from the American Bar As- those who are in our military and their our physicians is the reason we are sociation Standing Committee on the families. It relates to the way we reim- here today. So I am so grateful to him Federal Judiciary. He will add diver- burse physicians under Medicare and for all of his commitment and all of his sity to the Fourth Circuit. When con- under TRICARE. It is called the Medi- work. But this needs to be changed firmed, he will be the third African- care Physician Fairness Act. right now. American judge to serve in the Fourth This is an effort to eliminate what As I indicated, we have a system that Circuit. has become a very flawed formula for supports our Medicare system, covers I bring to your attention and to the determining the payments for physi- seniors, the disabled. We also tie it to attention of my colleagues Judge Davis cians under Medicare. our military health care system, mem- because we have to bring an end to We, in fact, know it is flawed because bers of the U.S. military, surviving these holds where a judge is being held in the last 7 years, the last seven times spouses, families, military retirees, not because he is controversial, not be- that proposals have come forward from and their families. All of them are ex- cause there is a problem, not because this formula to cut physician pay tremely supportive. In fact, it is not an you want additional information, but under Medicare and TRICARE, this exaggeration to say this is a top pri- just to slow down the process. That is Congress has chosen to reject that rec- ority, if not the top priority, of the wrong. That is an abuse of the respon- ommendation, that cut. AARP and those who advocate for sen- sibilities of each one of us, of the power We want to make sure seniors can iors right now to give seniors the peace each Senator has. I think it is impor- have access to their doctors, that Medi- of mind to know they are going to be

VerDate Nov 24 2008 23:31 Oct 21, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.027 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10605 able to have access to their doctors and bill. I know there are those with in succeeding votes in the Senate and that their doctors are going to have amendments they would like to offer. I most immediately in the health care the resources they need to be able to would hope that we would see a strong reform debate we will soon take up on treat them. bipartisan vote to simply go to this the Senate floor. This bill would make sure that hap- bill. I think the seniors of this country We did not get into this terrible situ- pened by rejecting what has been a deserve that. ation with our Federal deficit and debt failed system. We can go right on down I think all of those who care about because there were people in the House the list. We not only have strong sup- health care for our senior citizens and or in the White House over the last sev- port from the American Medical Asso- the disabled, our families, our military eral years who had bad motives or bad ciation and other physician groups but personnel deserve that; to have the op- values. In fact, in most of the cases, those who represent our military. Mili- portunity to go to this bill, to be able such as this, when money has been al- tary officers and their families and re- to work on it together, and to be able located, appropriated for programs, it tirees are extremely supportive. to pass this bill and permanently solve has been done with the best of inten- I am very proud of the work that this problem. tions. But the ultimate effect has been over 20,000 physicians in Michigan do I am very grateful for the fact that bad for our country and our future be- every day providing to more than 1.4 the President of the United States not cause it has put us into a position of million seniors and people with disabil- only supports this effort, his adminis- national debt that is unsustainable, ities in Michigan the quality care they tration’s budget, the budget he gave us that threatens to cripple our economic need and deserve. at the beginning of this year, his very recovery and burden our children and We have over 90,000 TRICARE bene- first budget, he put forward a budget grandchildren and beyond so that they ficiaries, men and women in our mili- that did not include going forward with tary, retirees who are receiving high- do not live in a country with the kind the cuts in this flawed formula. of economic dynamism and oppor- quality medical services in conjunction His budget baseline started from a with the Medicare system. We are very tunity in which we were blessed to be premise that we would not be making raised. proud of that, and we want to make these cuts going forward. I believe that sure we are maintaining that as well. In some sense, if I would be allowed is where we should be. We should be to paraphrase, I would say the road to Let me go through again what we are making sure we stop the Band-aid ap- trying to make sure we can fix. One, an unsustainable, damaging, American proach. Stop this effort that has gone national debt is paved with good inten- this legislation would repeal the cur- on year after year and create an honest rent broken system. It would stop a 21- tions, with votes for good programs. It budgeting process so that we can make just is time for us together, across percent cut to our physicians under sure our seniors have confidence in the Medicare and TRICARE, which would party lines, to sound the alarm, blow future; that they are going to be able the whistle, and make choices regard- be devastating. It would stop what is a to see their doctor under Medicare, and Band-aid approach every year. We ing priorities. that physicians have the confidence of We cannot have, no matter how good know we are going to fix it. We fix it knowing they are supported by a every year individually for that year, or worthwhile, programs for which we strengthened Medicare system. are not prepared to pay. The numbers always at the last minute. So I am very hopeful we will see a It is time to change that process. I are stunning. I am privileged to be strong bipartisan vote to allow us to believe this is honest budgeting be- serving my 21st year in the Senate. The move to this very important measure cause we know we are not going to numbers of our Federal indebtedness to strengthen and protect Medicare of allow these cuts to take place. So we today are so shockingly high that if the future. you told me that 21 years ago or 10 should do away with this process that I yield the floor. years ago or even 5 years ago, I simply even proposes these cuts every year The ACTING PRESIDENT pro tem- would not have believed it. and lay the foundation for real physi- pore. The Senator from Connecticut. cian payment reform, which is in the Mr. LIEBERMAN. Mr. President, I The fiscal year that ended on Sep- legislation. rise to declare to my colleagues that I tember 30, fiscal year 2009, we now Let me share with you a letter from intend to vote against cloture to pro- know, learned about a week ago, Amer- a medical clinic in southwest Michigan ceed on the motion to proceed to this ica ran a deficit of $1.4-plus trillion. We where physicians wrote to me. measure regarding the sustainable know America now has an accumulated Every year we have to wait to the last growth rate. long-term debt of $12 trillion. minute to see if the rates will get cut or I want to explain why. I thank Sen- We know the Congressional Budget fixed. This makes it impossible to budget Office has projected that over the next and project for the next year. Especially for ator STABENOW for her leadership, and practices like ours, with nearly 50 percent of to say this is one of those moments 10 years, we will run deficits that will our patients are Medicare patients. With the where substantially I agree with just add $9 trillion to the long-term debt. uncertainty and the increases that we do get about everything she had to say about So $12 trillion now, add $9 trillion, and not keeping up with the cost of living, we the inadequacies of the sustainable that is $21 trillion of debt. It is unbe- have to err on the side of caution, which growth rate formula which was put in lievable. We say it is unsustainable. leads us to job cuts. Though we need the in the late 1970s as part of what turned That is a big word. What does staff to provide the best patient care be- out to be a very effective attempt to ‘‘unsustainable’’ mean? It means that tween Medicare and Medicaid we can’t afford at some point this size debt is going to to keep them and stay in business. If the un- bring fiscal responsibility, budget bal- certainty continues we will be forced to re- ancing, even a surplus. cripple the economic recovery that is evaluate our patient population as well, Believe it or not, at the end of the just beginning. It is going to create leaving the Medicare patients with no Clinton administration, historians may hyperinflation because at some point choices for the care that they need. note, perhaps people will forget, we ac- people are going to stop buying our This is really the bottom line. We tually had a Federal Government sur- debt and we will have to raise interest want to make sure physicians are fully plus. But it turned out that this sus- to get more people to do so. At some participating in caring for our senior tainable growth rate formula for the point, if we don’t fix this, the govern- citizens, for people with disabilities in reimbursement of doctors was not ment is going to be left with no alter- this country. We want to make sure workable and unfair and has resulted native but to print more money. That Medicare is strong. We want to make in the refusal of a lot of doctors to is the road to inflation, to lost jobs, sure we are protecting it going for- treat patients under Medicare. and to a lower quality of life. ward. In order to do that, we have to So why would I not vote for cloture All these things we have done, which start from the premise that we will not to proceed to take up this matter, and seemed necessary at the time, which be allowing these cuts or the possi- then vote for it? It is because there are are good, we have to pay for them or bility of these cuts to go forward year larger questions involved. In some else this will not be the country we after year after year. sense, I think this is a precautionary want it to be for succeeding genera- The vote we are going to have in tale, the vote on this matter. It is a tions. We are going to reach a point front of us is a vote to proceed to the precautionary tale of what we will face where we will not have the money to

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.028 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10606 CONGRESSIONAL RECORD — SENATE October 21, 2009 do the first thing the Federal Govern- because there is a greater harm being on the motion to proceed to the Medi- ment is supposed to do, which is to de- done to our country. care Physician Fairness Act. fend the security of the country, to The speed with which this Medicare I yield the floor. provide for the common defense in Physician Fairness Act has come to The ACTING PRESIDENT pro tem- what is, obviously, a dangerous world. the floor and taking it out of health pore. The Senator from South Caro- This is a precautionary tale, a pre- care reform where it certainly belongs lina. cautionary vote. We are coming to a is also a precautionary tale. Mr. GRAHAM. Mr. President, I will big debate on health care reform. I am I have said I am against the public vote against the motion to proceed. Be- for health care reform, but it is not the option for health care insurance, essen- fore Senator LIEBERMAN leaves the only thing I am for. In fact, at this mo- tially a government-owned health in- floor, I want to say again, of all the ment in our history, it seems there are surance plan, one, because we believe people I have met in the Senate, he two things that matter more to our in a market economy and a regulatory constantly amazes me, because there is country than health care reform, al- government. We believe a market econ- no doubt he is doing this because he be- though I wish we could do them all. omy is the best way to create economic lieves passionately that America is at One is to sustain the recovery from the growth and wealth. It serves the Amer- a crossroads and this is making the deepest recession this country has had ican people very well. We also know problem worse, not better. I am on a since the Great Depression of the 1930s. that a market economy of itself bill with him—there are seven Repub- We are just beginning to crawl our way doesn’t, as somebody long ago said, licans and seven Democrats—that is a out of it. Gains in gross domestic prod- have a conscience. So the government comprehensive solution to our health uct look as though they are coming, sets rules. We have oversight. We have care needs. It is the Wyden-Bennett but it is fragile. It is not robust. Of regulatory rules. We have antitrust bill. It mandates coverage, but we do it course, almost 10 percent of the Amer- laws, for instance. That is the way we through the private sector. ican people are out of work. In fact, it maintain fairness in the economy, in I want colleagues to know that Sen- is higher than 10 percent. To me, the the marketplace. I don’t remember an- ator LIEBERMAN has been constructive top priority we all should have—and I other case where our answer to a con- in trying to find a bipartisan com- speak for myself—is to sustain the eco- cern about fairness in the market- promise that will allow us to deal with nomic recovery to get people back to place—in this case, whether there is health care inflation, which is a prob- work, to keep our economy strong. real competition in the health insur- lem in the private sector. He practices what he preaches, trying to solve prob- The second—and it is related to the ance business, whether the health in- lems. As he explained it, the Senator first—is to begin to deal with the ter- surance companies are being fair in from Mississippi and I were sitting here rible imbalances in our Federal books their rates, et cetera, which are all rea- talking. There is not much of that that will compromise the economic re- sonable questions—I don’t remember around here in politics now, where one covery and cripple our economic future another case where the answer was to would come out and take on an issue and the opportunity our children and create a government-owned corpora- that is being pushed by leaders of the grandchildren will have in the future. tion to compete with the private sec- Democratic Party. He is an inde- It means we have to make choices. In tor. pendent Democrat, but he articulated the coming health care debate, we have I spent 6 great years serving as attor- the reason in a way most Americans to make sure, as the President said, ney general of Connecticut. We sued a really appreciate. that there is not one dime added to the lot of businesses for unfair trade prac- Doctors have a problem. In 1997, we deficit as a result. We have to make tices, for bid rigging, for price fixing. tried to balance the budget with Presi- sure that what we do within the con- We appeared before regulatory commis- dent Clinton, the Balanced Budget Act text of health care reform not only sions on behalf of the people of the of 1997. When we looked at how we doesn’t increase the deficit and the United States, all sorts of businesses. could sustain a balanced budget, we long-term debt but doesn’t add cost But nobody ever had the idea that in- had to go to where the growth was in and increase premiums, for instance, stead of us doing that, we should create the budget. The big programs were on working people, middle-class fami- a government oil company, a govern- Medicaid and Medicare, the entitle- lies to pay for their health insurance ment car company, a government com- ments. Eventually, those two programs and on businesses for which we need to pany to sell automobiles, a government will cost the equivalent of the entire provide every incentive to add workers, company to take care of roof con- Federal budget today in 20 or 30 years. to grow, to sustain the recovery as it tracting. I could go on and on. One of If we want to balance the budget, we exists now. the reasons is, particularly now, I don’t have to slow down entitlement growth. Those are the standards I will apply have confidence that we can discipline Medicare is one of those programs to my own action on the health care ourselves from making it into another that have grown dramatically. When it reform proposal. I want to be for health cause of the skyrocketing Federal def- first came about, it was a $4 billion care reform. I am for health care re- icit. safety net. They projected that Medi- form. I know the system needs to be This bill is evidence of that. Here is care would cost $37 billion in 1990. It changed. But this is a precautionary a good cause, a group we all respect, was like $90-something billion. It is vote coming up because while the the doctors, saying: We need this 10- $400 billion today. Those who designed Medicare Physicians Fairness Act, year fix to the problem. And we just the Medicare Program as a safety net which would repeal the sustainable did it. This really ought to be done as for senior citizens without health care growth rate formula, is substantively part of overall Medicare reform. We did a good thing, but from then until just, it is not paid for. It adds almost have to have a commission. We have to now, it has become a $400 billion item $250 billion to the debt for the coming have some system to deal with the that is eating up the entire budget. years. I don’t think we can do that great threats to our economic future. In 1997, we recalculated the growth anymore. Medicare is going to run out of money rates to be paid to doctors and hos- I am relieved to know, in terms of in 2017, 8 years from now. Social Secu- pitals. Since then, doctors and hos- the immediate impact of my vote rity is already dipping into the trust pitals have been saying that we cut re- against cloture on this matter, that if funds, taking more out than we are imbursements to the point that they cloture is not obtained, the health care getting in. It may change in a year or can’t take Medicare and Medicaid pa- reform bill that came out of the Senate two, but that is the way it is. tients and it is hurting their ability to Finance Committee does take care of With respect to the sponsors of this stay in business. About 60 percent of the problem with the sustainable proposal, the Medicare Physician Fair- their income comes from the Federal growth rate for another year. That ness Act, the doctors’ associations that Government. I don’t doubt that is true. gives everybody—doctors and, most im- I know would like us to vote for it, I What we did is just nickel and dime portant, Medicare recipients—breath- think 1 year is enough; 1 year paid for doctors and hospitals and never reform ing room. We can’t go on spending is enough. To do more than that now is Medicare. without paying for what we are spend- wrong and irresponsible, and therefore So Senator LIEBERMAN is right. To ing, no matter how good or right it is, I will vote against the cloture motion help doctors and hospitals and the

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.029 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10607 country achieve a balanced budget, we not want to do that because we are job, but there are a lot of jobs harder will have to fundamentally reform asking too much of doctors and hos- than being a Senator, I can assure you. Medicare, and the doctor fix should be pitals and we did not reform the sys- But right now, the system we have to part of that effort. tem as a whole. fund Medicare, the trust fund, will run What we are doing here is making a Mr. President, $245 billion added to out of money in about 4 years. But ba- promise we can’t afford to pay. We are the debt is no small thing. What I hope sically I am paying the same amount going to tell the doctors: Don’t worry will happen is we can find a bipartisan for Part B premiums that cover doctors ever again about Medicare reimburse- pathway forward on health care reform and hospital payments out of Medicare ments being cut because for a 10-year that deals with inflation, deals with as my aunt and uncle who worked in period, we are going to hold you harm- better access to preventive medicine, the textile mill and made $25,000 a less. has some medical liability reform, is year. I am willing for people like my- That is beyond cynical. We need to truly comprehensive, with give-and- self to have to pay more to keep Medi- look at the doctor fix in terms of com- take, and mandates coverage. I am care solvent. prehensive Medicare reform. It is a $245 willing to do that as a Republican. But We are making some changes but not billion item designed to get the med- if we go down the road our leadership nearly enough. Mr. President, $3 out of ical community to support the leader- has set for us here and basically tell $4 of Medicare spending comes from the ship version of health care. It is trans- the doctors ‘‘Don’t worry anymore, you General Treasury, the taxpayers. One- parent. It is wrong. It is bad politics. It are going to be held harmless for the fourth of the money to cover Medicare is bad policy. I hope my colleagues will next 10 years,’’ then what group will expenses comes from the patient popu- reject it. follow who will want the same deal and lation being served. There are plenty of The bill coming out of the Finance to whom will we begin to say no? I do Americans who are paying about $100 a Committee—and I congratulate Sen- not know. I do not know to whom we month once they get into retirement ators who are trying to fix health care will have the ability to say no if we do who can afford to pay $450 a month for because it needs to be fixed—is about this. And if you say no to them, what the Medicare services they receive. No- an $800 billion expenditure, a little bit the heck do you tell them—‘‘You are body is asking them to do it. I am will- more. It is revenue neutral over a 10- not a doctor, so it does not matter ing to ask, and I am willing to do it year period because it is going to be what we do to your business.’’ myself. It is those types of changes paid for. Four hundred billion in Medi- If we do this, we have lost the abil- that will lead this country to a bright- care cuts are part of the payoff, the ity, in my view, to provide the nec- er future and will correct the imbal- pay-fors. essary solutions to the hard problems ance we have. How do we take $800 billion of ex- facing the country. We will have given Finally, Medicare is $34 trillion un- pense and make it revenue neutral? We in to the most cynical nature of poli- derfunded. If you had $34 trillion sit- offset it. One of the offsets is a $400 bil- tics. We will have destroyed our ability ting in an account today, it would earn lion-plus reduction in Medicare spend- to engage with the public at large in a interest over 75 years. You would need ing over a 10-year window. I argue that credible way to fix hard problems. And all the money—the $34 trillion plus the not only is that not going to happen when it comes time to ask people to interest—to make the payments we because the Congress hasn’t reduced sacrifice, they are going to look at us have promised people in the future. Medicare spending anywhere near that, and say: What do you mean ‘‘sac- When I was born in 1955, there were 16 it is just politically not going to hap- rifice?’’ Aren’t you the people who just workers for every retiree. Today there pen. Two years ago, we tried to slow basically wiped out what the doctors are three, and in 20 years there will be down the growth of Medicare to $33.8 had to do because you were afraid of two. There will be two workers paying billion over a 4- or 5-year period and them? into the Social Security and Medicare got 24 votes. If colleagues think this I am not afraid of doctors. God bless trust funds where there used to be 16 Congress is going to have the political them. I am glad we have them. What when I was born. There are more baby will and courage to reduce Medicare by we have done in the name of reform has boomers retiring every day than any- $400 billion over 10 years, show me in been unfair because we picked on them one ever anticipated. We are living far the past where we have had any desire and not the system as a whole. So to beyond 65. to do that. the doctors out there, LINDSEY GRAHAM The question for the country is, Will The doctors fix is the best evidence gets it, that your reimbursement rates people in my business go to you, the yet of what will come in the future. We as they exist today under Medicare public, and say change is required? We are contemplating doing away with the make it very difficult for you to do cannot run the system assuming things reduction in physician payments that business. But I hope you will under- that do not exist. We have to come to was part of the balanced budget agree- stand that my obligation is beyond just grips with the fact that we have an ment because our medical community to the doctors in South Carolina; it is aging population, we live longer, there has been hit hard and is complaining. to what Senator LIEBERMAN said: the are more retirees than ever, and there Look at the $400 billion. Do we think if next generation as well as to the here are fewer workers. Once we come to people are going to be on the receiving and now. grips with that dynamic and ask those and of a $400 billion cut over a period of Every politician has a problem: How who can afford to give, to give—hold time, they are going to accept it hap- do you affect the here and now, people those harmless who cannot afford to pily? Do you think they are not going who can vote for you, and how can you give—America’s best days are ahead. to complain? What do you think we are secure the future? Well, you just have If we do not reform these systems going to do when one group of the med- to ask the people who are here and now and we continue to do what is being ical community or the insurance com- to be willing to make some changes for proposed today—try to buy a constitu- munity says, ‘‘You are putting me out the benefit of the country long term. I ency off: Doctors, we will fix your prob- of business.’’ am confident that if we ask and we do lem if you will support our bill; the These $400 billion cuts are never it in a smart way, people will join with $254 billion it will cost to get you on- going to happen because, you see, with us. I want to give the doctors better re- board, do not worry about it. the doctors fix, where every year we re- imbursement rates, and the only way To the doctors who may be listening, lieve the doctors from the imposition we can achieve that is to reform Medi- you better worry about it. You need to of that agreement in 1997—and in many care from top to bottom and make it worry about not only the viability of ways we should because the 1997 agree- more efficient. your medical practice but the ability ment was not comprehensive—but to One of the things I am willing to do of your government to make payments those who believe we are going to cut is ask a person like myself to pay it has promised to the next generation, $400 billion in Medicare, have the cour- more. As a Senator, I make about the ability of your government to be age to tell the doctors we are going to $170,000 a year. I am not saying we are able to continue to operate, the ability do to them what we said we would do worth it, but that is what we pay our- of our country to pass on to the next back in 1997. Nobody wants to do that, selves. I would like to think we earn generation a sound and secure Amer- and I am sympathetic as to why we do our money because it is not an easy ica.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.030 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10608 CONGRESSIONAL RECORD — SENATE October 21, 2009 We are about to borrow ourselves tem. It is one of the driving forces be- lem that needs to be fixed. But I don’t into oblivion. There is a theory out hind rising costs and overutilization of believe anybody is going to buy that there, long held, that democracies are health care, particularly in some parts argument, not even the Washington doomed to fail because democracies of the United States. Post. I have here a recent editorial. over time will lose the ability to say no In addition, the sustainable growth They said: to themselves; that we in the govern- rate formula itself is flawed. The SGR $247 billion . . . is one whopper of a dis- ment will continue to grow the govern- is designed to determine annual physi- crepancy. ment based on the needs of the next cian payment updates by comparing S. 1776 isn’t being offered to fix a election cycle and make promises that actual expenditures to expenditure tar- budget payment discrepancy, it is make sense for our political future but gets. being offered as one whopper of a back- really over time are unsustainable. We The purpose of the SGR was to put a room deal to enlist the support of the have reached that point, and we are brake on runaway Medicare spending. American Medical Association for a about to go over the edge. The SGR was intended to reduce physi- massive health reform bill that is being The only way America can self-cor- cian payment updates when spending written behind closed doors. rect is to make sure our political lead- exceeded growth targets. In recent Nobody is being fooled about what is ership is rewarded when we ask for years, Medicare physician spending has going on in this body, the most delib- change we can believe in. This is not exceeded those SGR spending targets. erative body in the world, the Senate. change we can believe in. This is the That has resulted, naturally, in physi- When President Obama spoke to a old way of doing business. This is buy- cian payments being cut. As the mag- joint session of Congress last month— ing off a constituency that is impor- nitude of these payment cuts has in- the week after we came back from our tant for the here-and-now debate of creased over time, Congress has summer break—he made a commit- health care and not giving a damn stepped in to avert these scheduled ment to not add one dime to the deficit about the consequences to the country cuts in reimbursement to doctors. now or in the future. Those are his down the road. This is how we got in In a roundabout way, the SGR has words, not mine. But as this Wash- this mess. been serving its purpose. Numerous im- ington Post editorial notes, S. 1776 If we pass this bill, not only have we provements in Medicare payments in would add 2.47 trillion dimes to the def- destroyed this new hope from a new other areas have been implemented icit. President of ‘‘change we can believe over the years to offset or to pay for We go to chart 2 now. That would be in,’’ we will have reinforced the worst the various so-called doc fixes we have 2.47 trillion dimes, enough to fill the instincts of politics, sold the country had to do and generally do them on an Capitol Rotunda 23 times. short, and made it impossible to say no annual basis. Presently they are done Now we have chart 3. I whole- to the next group we want to sacrifice on an 18-month basis, expiring Decem- heartedly agree with the editorial’s who needs to help us solve this prob- ber 31 this year. conclusion. The Post editorial said: lem. We should, in fact, be reforming phy- A president who says that he is serious With that, I yield back. sician payments. That is why I sup- about dealing with the dire fiscal picture I suggest the absence of a quorum. ported the SGR amendments offered by cannot credibly begin by charging this one The ACTING PRESIDENT pro tem- my colleague, the Senator from Texas, to the national credit card . . . pore. The clerk will call the roll. during the Senate Finance Committee This quote is highlighted out of that The assistant legislative clerk pro- markup that concluded 8 days ago. same editorial. ceeded to call the roll. Those amendments would have pro- The Office of Management and Budg- The ACTING PRESIDENT pro tem- vided a fully offset, positive physician et and the Treasury Department an- pore. The Senator from Iowa is recog- update for the next 2 years. And if we nounced that the fiscal year 2009 deficit nized. erroneously take up a debate on this hit a record of $1.4 trillion. According Mr. GRASSLEY. Mr. President, I ask flawed Stabenow bill, I will have an al- to the Government Accountability Of- unanimous consent that the order for ternative to offer with my good friend, fice, public debt is projected by the the quorum call be rescinded. the chairman of the Senate Budget year 2019 to surpass the record that was The ACTING PRESIDENT pro tem- Committee, Senator CONRAD. A set in 1946, 1 year after the end of pore. Without objection, it is so or- Conrad-Grassley amendment would be World War II. That debt was attrib- dered. a bipartisan approach to this. utable to the war, which was the war to MEDICARE PHYSICIAN PAYMENT SYSTEM Realigning incentives in the Medi- save the world for democracies because REFORM care Program and paying for quality of the dictatorial governments of Italy, Mr. GRASSLEY. Mr. President, re- rather than quantity of services is, of Germany, and Japan, as we recall from forming the Medicare physician pay- course, an essential part of physician history. ment system is one of the most dif- payment reform. But as fundamentally There is no doubt that fixing the ficult issues we face in Medicare today. flawed as the physician payment sys- flawed physician payment system is The name of the formula is the sustain- tem is, S. 1776, the bill before us, is just something that must be addressed. But able growth rate. Generally around as fundamentally flawed. S. 1776 would the problem—this problem—with the here we refer to that as the SGR. It is add—can my colleagues believe this—a physician payments is one of the big- the formula for the reimbursement of $1⁄4 trillion cost to the national debt. A gest problems in health care that needs doctors under Medicare. It was de- quarter of a trillion, obviously, is $250 fixing. But at a time when the budget signed in the first instance to control billion. But worse yet, it does not fix deficit has reached an alltime high of physician spending and to determine the problems we have with the physi- $1.4 trillion, this situation demands fis- annual physician payment updates by cian payment system. It simply gives a cal discipline. means of a targeted growth rate sys- permanent freeze to those payments. As the Washington Post has cor- tem. The SGR is not the only problem The American Association of Neuro- rectly pointed out, S. 1776 is, indeed, a with the Medicare physician payment logical Surgeons and the Congress of test of the President’s pledge to pay for system. Everyone who knows anything Neurological Surgeons oppose the health care reform. about physician payments and Medi- Stabenow bill for precisely that reason, Repealing the SGR without any off- care knows that this SGR formula is and I applaud them for having the sets, as S. 1776 would do, is a flagrant not working. It is a fee-for-service sys- courage to say so. attempt to try and hide the true cost tem that rewards volume instead of My esteemed colleague, the majority of comprehensive health care reform. quality or value. This means that leader, claims this bill has nothing to Let me suggest to the American peo- Medicare simply pays more and more do with health reform. I think it has ple that bill, comprehensive health as more and more procedures and tests everything to do with health reform. care reform—at least the one that and services are provided to patients. He says the $247 billion cost of this bill came out of the Senate Finance Com- Providers who offer higher quality care is just correcting, in his words, ‘‘pay- mittee—is thick, at 1,502 pages that we at a lower cost get paid less. Somehow, ment discrepancy;’’ merely, in his all are committed to reading before it it is a backward system, a perverse sys- words, ‘‘a budgetary problem,’’ a prob- goes to the floor. That bill, of course,

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10609 will not go to the floor because now it everything has to come to a stop. They firmed on September 29, by a unani- is being merged in secrecy with the know they are going to be confirmed. mous 99–0 vote. Today, the Senate is fi- Senate HELP Committee bill, and so it They know that whenever the Repub- nally being allowed by Republicans to may come out thicker. Who knows. We licans allow a vote, it will be virtually vote to confirm Roberto Lange, who are talking about a great deal of cost unanimous. It makes the Senate look was reported by the committee on Oc- connected with that and the SGR fix foolish, and I wish my colleagues would tober 1. It took 3 weeks to proceed to being connected with that as well. allow these people to move quickly. Mr. Lange’s nomination despite the We have in the Senate Finance Com- The American Bar Association’s fact that he, like Judge Viken, had the mittee bill, that was reported out, sig- Standing Committee on the Federal support of both his home State Sen- nificant payment system reform. That Judiciary reported that its peer review ators, one a respected Democratic Sen- bill takes savings of almost $1⁄2 trillion of the President’s nomination of Mr. ator and the other a Republican Sen- to fund a new entitlement program Lange resulted in the highest rating ator who is a member of the Repub- outside Medicare. The priority for possible, a unanimous rating of well lican Senate leadership. Medicare savings should be fixing qualified. His nomination has the sup- South Dakota has had its two vacan- Medicare problems, and the physician port of both home State Senators, Sen- cies filled this year but vacancies in 35 payment issue and the SGR is the big- ator JOHNSON, a Democrat, and Senator other States remain unfilled and the gest payment system problem in Medi- THUNE, a Republican, and was reported Senate’s constitutional responsibilities care today. It should get fixed in out of the Judiciary Committee by are going unfulfilled. There was—there health care reform with those Medicare unanimous consent on October 1. I ex- is—no reason for the Republican mi- savings. pect the vote on the President’s nomi- nority to impose these unnecessary and I must, therefore, object not to fixing nation of Mr. Lange to be overwhelm- needless delays to judicial confirma- the SGR and improving the system for ingly in favor, as was the 99–0 vote for tions. When will Senate Republicans physician payments—which clearly the only other district court confirma- allow the Senate to consider the nomi- must be done—but to this very flawed tion so far this year, that of Judge nations of Judge Hamilton to the Sev- bill. It is only a permanent payment Viken. I will be listening intently to enth Circuit, Judge Davis to the freeze. It does not fix the problem. It is hear why then Senate Republicans—de- Fourth Circuit, Judge Martin to the not paid for. It should be a part of spite the support of Senator THUNE, the Eleventh Circuit, Judge Greenaway to health care reform. It adds $1⁄4 trillion head of the Republican Policy Com- the Third Circuit, Judge Berger to the to the deficit. It is one whopper of a mittee and a member of the Senate Re- Southern District of West Virginia, discrepancy. It is not credible. publican leadership—have stalled this Judge Honeywell to the Middle District I urge my colleagues to oppose clo- confirmation needlessly for 3 weeks. of Florida, Judge Nguyen to the Cen- ture on this train wreck of a bill. This is one of the 13 judicial nomina- tral District of California, Judge Chen I yield the floor and, since I do not tions reported favorably by the com- to the Northern District of California, see any of my colleagues waiting to mittee to the Senate since June to fill Ms. Gee to the Central District of Cali- speak, I suggest the absence of a circuit and district court vacancies on fornia and Judge Seeborg to the North- quorum. Federal courts around the country. Ten ern District of California? The PRESIDING OFFICER (Mr. of those nominations were reported In a recent column, Professor Carl BEGICH). The clerk will call the roll. without a single dissenting voice. This Tobias wrote: The assistant legislative clerk pro- is unfortunately only the third of those President Obama has implemented several ceeded to call the roll. judicial nominations to be considered measures that should foster prompt appoint- Mr. LEAHY. Mr. President, I ask all year. ments. First, he practiced bipartisanship to unanimous consent that the order for It is October 21. By this date in the halt the detrimental cycle of accusations, the quorum call be rescinded. administration of George W. Bush, we countercharges and non-stop paybacks. The PRESIDING OFFICER. Without had confirmed eight lower court Moreover, the White House has promoted objection, it is so ordered. judges. By this juncture in the admin- consultation by seeking advice on designees Mr. LEAHY. Mr. President, today, from Democratic and GOP Senate members, istration of Bill Clinton, we had like- especially home state senators, before offi- the Senate will finally consider the wise confirmed eight circuit and dis- cial nominations. Obama has also submitted nomination of Roberto A. Lange to the trict court nominations. The Senate consensus nominees, who have even District of South Dakota. It has been 3 has confirmed just three circuit and temperaments and are very smart, ethical, weeks since Mr. Lange’s nomination district court nominees this year less diligent and independent. was unanimously reported by the Judi- than half of those considered by this I ask unanimous consent that a copy ciary Committee to the Senate. It date during President Bush’s tumul- of Professor Tobias’s column be printed should not take 3 weeks to confirm a tuous first year in office and confirmed in the RECORD following my statement. consensus nominee. I will be interested by this date during President Clinton’s The PRESIDING OFFICER. Without to hear from Senate Republicans who first year. This is despite the fact that objection, it is so ordered. have stalled this confirmation for the President Obama sent nominees with (See Exhibit 1.) last 3 weeks why they did so. bipartisan support to the Senate two Mr. LEAHY. When I served as chair- There are 10 other judicial nomina- months earlier than did President man of the Senate Judiciary Com- tions reported favorably by the Judici- Bush. Moreover, President Clinton’s mittee during President Bush’s first ary Committee to the Senate that re- term also began with the need to fill a term, I did my best to stop the down- main pending without consent from Supreme Court vacancy. ward spiral that had affected judicial Senate Republicans to proceed to their The first of these circuit and district confirmations. Throughout my chair- consideration. These are 10 other judi- court confirmations this year did not manship I made sure to treat President cial nominations on the Senate Execu- take place until September 17, months Bush’s judicial nominees better than tive Calendar awaiting action and after the nomination of Judge Gerard the Republicans had treated President being stalled by Republican holds. All Lynch had been reported out of com- Clinton’s. During the 17 months I 10 were reported favorably by the Sen- mittee with no dissent. Finally, after chaired the Judiciary Committee dur- ate Judiciary Committee. Two were re- months of needless delay, the Senate ing President Bush’s first term, we ported in June and have been waiting confirmed Judge Lynch to serve on the confirmed 100 of his judicial nominees. for more than 4 months for Senate con- Second Circuit by an overwhelming At the end of his Presidency, although sideration. These are things that we vote of 94 to 3. That filled just one of Republicans had chaired the Judiciary have always done by voice vote when the five vacancies this year on the Sec- Committee for more than half his ten- there is no controversy. ond Circuit. The Second Circuit bench ure, more of his judicial nominees were It is not only a dark mark on the remains nearly one-quarter empty with confirmed when I was the chairman Senate for holding us up from doing four vacancies on its 13-member bench. than in the more than 4 years when Re- our work, but it means that the nomi- Judge Viken, the first of just two dis- publicans were in charge. nees have their lives on hold. They trict court judges the Senate has been In spite of President Obama’s efforts, have been given this nomination, and allowed to vote on this year, was con- however, Senate Republicans began

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.033 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10610 CONGRESSIONAL RECORD — SENATE October 21, 2009 this year threatening to filibuster The Senate can and must do a better EXHIBIT 1 every judicial nominee of the new job of restoring our tradition of regu- COMMENTARY: SECOND CIRCUIT APPEALS President. They have followed through larly considering qualified, non- COURT OPENINGS NEED TO BE FILLED by dragging out, delaying, obstructing controversial nominees to fill vacan- (By Carl Tobias) and stalling the process. The result is cies on the Federal bench without The country’s attention was recently fo- that 10 months into President’s needless and harmful delays. This is a cused on the Senate confirmation vote for Obama’s first term, the Senate has tradition followed with Republican U.S. Second Circuit Court of Appeals Judge confirmed only three of his nomina- Sonia Sotomayor, President Barack Obama’s Presidents and Democratic Presidents. initial Supreme Court nominee and judicial tions for circuit and district courts We should not have to overcome fili- while judicial vacancies skyrocket appointment. This emphasis was proper be- busters and spend months seeking time cause the tribunal is the highest court in the around the country. The delays in con- agreements to consider consensus nation and decides appeals involving funda- sidering judicial nominations pose a se- nominees. mental constitutional rights. rious problem in light of the alarming Nonetheless, the same day that Justice spike in judicial vacancies on our Fed- In addition, four nominations to be Sotomayor received appointment, Second eral courts. Assistant Attorneys General at the De- Circuit Judge Robert Sack assumed senior There are now 96 vacancies on Fed- partment of Justice remain on the Ex- status, a type of semi-retirement, thereby eral circuit and district courts and an- ecutive calendar, three of them for joining his colleague, Guido Calabresi, who other 24 future vacancies already an- many months. Republican Senators had previously taken senior status. More- nounced. These vacancies are at near over, on Oct. 10, Judge Barrington Parker have also prevented us from moving to also assumed senior status. These develop- record levels. Justice should not be de- consider the nomination of respected ments mean that the Second Circuit will layed or denied to any American be- Federal Judge William Sessions of have vacancies in four of its thirteen author- cause of overburdened courts. We can Vermont to be Chairman of the United ized judgeships. do better. The American people deserve States Sentencing Commission for over Operating without nearly 25 percent of the better. tribunal’s judicial complement will frustrate 5 months, even though he was twice expeditious, inexpensive and equitable dis- Professor Tobias’ observations about confirmed as a member of that Com- the Second Circuit hold true through- position of appeals. Thus, President Obama mission. The majority leader has been out the country and with respect to should promptly nominate, and the Senate forced to file a cloture motion in order must swiftly confirm, outstanding judges to this President’s efforts to work coop- to end the obstruction of that nomina- all four openings. eratively with respect to judicial nomi- tion. The numerous vacancies can erode the de- nations. President Obama made his livery of justice by the Second Circuit, which first judicial nomination, that of Judge Four out of a total of 11 divisions at is the court of last resort for all but one per- David Hamilton to the Seventh Circuit, the Department of Justice remain cent of appeals taken from Connecticut, New in March, but it has been stalled on the without Senate-confirmed Presidential York and Vermont. The tribunal resolves Executive calendar since early June, nominees because of Republican holds more critical business disputes than any of despite the support of the senior Re- and delays—the Office of Legal Coun- the 12 regional circuits and decides very con- troversial issues relating to questions, such publican in the Senate, Senator LUGAR. sel, the Tax Division, the Office of as free speech, property rights and terrorism. The nomination of Judge Andre Davis Legal Policy, and the Environment and Among the appellate courts, the Second to the Fourth Circuit was reported by Natural Resources Division. Earlier Circuit needs more time to conclude appeals the committee on June 4 by a vote of 16 this month, with the hard work of Sen- than all except one, which is a useful yard- to 3, but has yet to be considered by ator CARDIN, we were finally able to stick of appellate justice. The August loss of the Senate. The nomination of Judge move forward to confirm Tom Perez to two active judges and the October loss of a Beverly Baldwin Martin to the Elev- third will exacerbate the circumstances, es- head the Civil Rights Division at the pecially by additionally slowing the resolu- enth Circuit has the support of both of Justice Department. His nomination tion of cases that are essential to the coun- Georgia’s Senators, both Republicans, was stalled for 4 months, despite the try’s economy. and was reported unanimously from fact that he was approved 17 to 2 by the There are several reasons why the tribunal the committee by voice vote on Sep- Judiciary Committee. At the last lacks almost one quarter of its members. tember 10 but has yet to be considered minute, Senate Republicans abandoned Judge Chester Straub took senior status in or scheduled for consideration by the July 2008, and President George W. Bush an ill-fated effort to filibuster the nom- nominated Southern District of New York Senate. The nomination of Joseph ination and asked that the cloture vote Greenaway to the Third Circuit has the Judge Loretta Preska on Sept. 9 after mini- be vitiated. He was finally confirmed mally consulting New York’s Democratic support of both Pennsylvania Senators, with more than 70 votes in the Senate. Senators Charles Schumer and Hillary Clin- and was reported unanimously from ton. September was too late in a presidential the committee by voice vote on Octo- During the 17 months I chaired the election year for an appointment, and the ber 1, but has yet to be considered or Judiciary Committee during President 110th Senate adjourned without affording the scheduled for consideration by the Sen- Bush’s first term, we confirmed 100 of nominee a hearing. ate. All of these nominees are well-re- his judicial nominees and 185 of his ex- Moreover, President Obama has nominated spected judges. All will be confirmed, I ecutive nominees referred to the Judi- no one for the Calabresi or Sack opening, al- though both jurists announced that they in- believe, if only Republicans would con- ciary Committee. And yet 10 months into President’s Obama’s first term, we tended to take senior status last March. In sent to their consideration by the Sen- fairness, Judge Calabresi did not actually as- ate. Instead, the President’s good ef- have confirmed only 2 of his nomina- sume senior status until late July, while forts are being snubbed and these tions for circuit and district courts and Judge Sack only took senior status and Jus- nominees stalled for no good purpose. 40 of the executive nominees that have tice Sotomayor was confirmed in August. President Obama has been criticized come through our committee. President Obama has implemented several by some for being too solicitous of Sen- measures that should foster prompt appoint- I hope that, instead of withholding ments. First, he practiced bipartisanship to ate Republicans. As Wade Henderson, consents and filibustering President the executive director of the Leader- halt the detrimental cycle of accusations, Obama’s nominees, the other side of countercharges and non-stop paybacks. ship Conference on Civil Rights, said to the aisle will join us in treating them Moreover, the White House has promoted The Washington Post recently: ‘‘I com- fairly. We should not have to fight for consultation by seeking advice on designees mend the President’s effort to change months to schedule consideration of from Democratic and GOP Senate members, the tone in Washington. I recognize especially home state senators, before offi- the President’s judicial nominations that he is extending an olive branch to cial nominations. Obama has also submitted and nomination for critical posts in the Republicans on the Judiciary Com- consensus nominees, who have even mittee and in the Senate overall. But executive branch. temperaments and are very smart, ethical, so far, his efforts at reconciliation have I look forward to congratulating Mr. diligent and independent. The Executive has worked closely with Senator Patrick Leahy been met with partisan hostility.’’ As Lange and his family on his confirma- (D–Vt.), the Judiciary Committee chair, who usual, Wade has it right. The efforts tion today. I commend Senator JOHN- schedules hearings and votes, and Senator the President has made have not been SON for his steadfastness in making Harry Reid (D–Nev.), the Majority Leader, reciprocated. sure his State is well served. who arranges floor debates and votes, and

VerDate Nov 24 2008 03:07 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.035 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10611 their GOP counterparts to facilitate con- him forward, and I am glad he will be Landrieu Murray Specter firmations. confirmed. Lautenberg Nelson (NE) Stabenow Leahy Nelson (FL) Tester Emblematic is the President’s nomination I will note that some nominees I will of U.S. District Judge Gerard Lynch, who LeMieux Pryor Thune not be able to support, and I would ex- Levin Reed Udall (CO) served with distinction on the U.S. District Lieberman Reid Court for the Southern District of New York pect some others may object as well. It Udall (NM) Lincoln Risch Vitter since 2000. New York Democratic Senators is our responsibility to be careful and Lugar Roberts Voinovich McCain Rockefeller Schumer and Kirsten Gillibrand expedi- to be cautious in making decisions Warner McCaskill Sanders tiously suggested the superb trial judge to about judges because they are given a Webb McConnell Schumer Obama, who nominated Lynch on April 2. By lifetime appointment. They can’t be re- Whitehouse mid-May, the panel conducted Lynch’s con- Menendez Sessions moved for bad decisionmaking. I be- Merkley Shaheen Wicker firmation hearing, and on June 11, the com- lieve the President has submitted two Mikulski Shelby Wyden mittee approved Lynch. In mid-September, Murkowski Snowe the Senate confirmed Lynch on a 94–3 vote. more nominees to the district bench. Senator Schumer’s Sept. 9 announcement There are 74 vacancies in the Federal The nomination was confirmed. that he had recommended District Judge courts in America as of today. A few The PRESIDING OFFICER. Under Denny Chin to the White House and the ju- days ago, there were 9 nominations the previous order, the motion to re- rist’s Oct. 6 nomination are precisely the pending—this is 1 of them—and now consider is considered made and laid correct approaches. The New York and Con- there are 11 nominations, I understand, upon the table. The President will be necticut senators must continue suggesting pending. immediately notified of the Senate’s excellent candidates for the three Second As the President gets his machine up action. Circuit openings which remain. Obama must swiftly consider their proposals and nomi- and running and starts submitting f nate outstanding prospects. The Judiciary nominees, I think we will have good LEGISLATIVE SESSION Committee should promptly afford hearings hearings. My view is that if they are and votes, while the Majority Leader ought qualified, it doesn’t make any dif- The PRESIDING OFFICER. The Sen- to expeditiously schedule floor debates and ference to me if they are an active, par- ate will resume legislative session. votes. tisan, campaigning Democrat. That is The Republican leader is recognized. Judge Sotomayor’s Supreme Court ele- fine. The question simply is, once they f vation, the assumption of senior status by Judges Calabresi, Parker and Sack and put on the robe and they are required MEDICARE PHYSICIAN PAYMENTS Judge Lynch’s recent Senate confirmation to decide cases, can they put aside their personal feelings, backgrounds, Mr. MCCONNELL. Mr. President, I mean there are four openings in the Second am going to take a moment of my lead- Circuit’s thirteen judgeships. President emotions, and partisanship? Most Obama should cooperate with the Senate to judges can. er time. Americans are increasingly quickly fill the vacancies with superior I practiced in Alabama, where judges alarmed by the expansion of our na- judges, so that the tribunal can deliver ap- run on a party ticket. They run as Re- tional debt and this spending binge we pellate justice. publicans and Democrats. Everybody are putting on the national credit card. Mr. LEAHY. Mr. President, I ask knows which of them—very few—carry They are asking us to do what they unanimous consent that my further re- those biases with them. have been doing. They want us to take out our scissors and cut the credit marks be charged against my time in The PRESIDING OFFICER. The Sen- card. They want us to live within our connection with this nomination. ator’s time has expired. means so their children and their The PRESIDING OFFICER. Without Mr. SESSIONS. I thank the Chair, grandchildren do not wake up in the objection, it is so ordered. and I urge my colleagues to support morning to find the American dream (The remarks of Mr. LEAHY are print- the nomination. buried under an avalanche of debt. ed in today’s RECORD under ‘‘Morning The PRESIDING OFFICER (Mr. Our fiscal situation has simply spi- Business.’’) UDALL of New Mexico). The question is, raled out of control. Yet the pro- Mr. LEAHY. Mr. President, I suggest Will the Senate advise and consent to ponents of this measure want to put the absence of a quorum. the nomination of Roberto A. Lange, of another quarter of a trillion dollars on The PRESIDING OFFICER. The South Dakota, to be United States Dis- the Federal credit card. Republicans clerk will call the roll. trict Judge for the District of South offered a series of fiscally responsible The bill clerk proceeded to call the Dakota? roll. ways to prevent pay cuts to our physi- Mr. SESSIONS. I ask for the yeas Mr. SESSIONS. Mr. President, I ask cians. That was not agreed to. and nays. unanimous consent that the order for Let me remind everybody, we are in The PRESIDING OFFICER. Is there a the quorum call be rescinded. very dangerous territory. I am going to sufficient second? The PRESIDING OFFICER. Without vote against this deficit-expanding bill There is a sufficient second. objection, it is so ordered. because enough is enough. I hope, on a Mr. SESSIONS. Mr. President, I wish The clerk will call the roll. bipartisan basis, we will send a mes- to briefly make a few comments about The bill clerk called the roll. sage to the American people that we do The PRESIDING OFFICER. Are there the confirmation vote we will soon be not intend to charge from $1⁄4 trillion having on supporting this nominee. I any other Senators in the Chamber de- to $300 billion on the nation’s credit saw him, as a member of the Judiciary siring to vote? card by approving this measure. Committee, and we made inquiry of The result was announced—yeas 100, I yield the floor. him. I liked him. He handled himself nays 0, as follows: The PRESIDING OFFICER. The ma- well. [Rollcall Vote No. 324 Ex.] jority leader is recognized. He has been a strong and ardent YEAS—100 Mr. REID. Mr. President, we have Democrat all his life—an active Demo- Akaka Carper Gillibrand been aware of the fact that because of crat. He was educated, I believe, at the Alexander Casey Graham activities and actions of the Repub- Barrasso Chambliss Grassley University of South Dakota and has Baucus Coburn Gregg lican-dominated Washington for a practiced law a long time there. I think Bayh Cochran Hagan number of years, that the doctors who he has the ability and the commit- Begich Collins Harkin take Medicare patients have been ham- ment—he said he did and I believe Bennet Conrad Hatch mered so hard that not all doctors take Bennett Corker Hutchison him—not to allow his politics to influ- Bingaman Cornyn Inhofe Medicare patients. ence his decisionmaking once he puts Bond Crapo Inouye We want senior citizens, Medicare re- on that robe; that he will be objective Boxer DeMint Isakson cipients, to be able to go a doctor. We Brown Dodd Johanns and fair; that he will comply with the Brownback Dorgan Johnson do not want all of those folks going to oath a judge takes to be impartial; Bunning Durbin Kaufman Medicare Advantage. We want Medi- that he will provide equal justice for Burr Ensign Kerry care to survive as a program. the poor and the rich; and that he will Burris Enzi Kirk Because people who ran this town for Byrd Feingold Klobuchar serve the laws of the United States Cantwell Feinstein Kohl a number of years did not like Social under the Constitution. So we moved Cardin Franken Kyl Security, tried to privatize that, did

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.002 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10612 CONGRESSIONAL RECORD — SENATE October 21, 2009 everything they could to minimize and running physicians up to the brink is based on quality and performance denigrate Medicare, we are now at a every year, not knowing what is going and not on arbitrary formulas. point where we have, in the bill that to happen; enough for seniors not This legislation is an important step has been reported out of the Finance knowing whether they will be able to toward making changes in the Medi- Committee, a 1-year fix for the senior continue to see their doctors. Seven care and TRICARE physician payment citizens, so that physicians will not be different times we have brought them structure that will help our entire dropping Medicare patients. Then all of up to the brink and then not made the health care system. I regret that some the physicians should know that we cut and have many times not paid for misplaced partisan point-scoring march to this position we are in now. it. This legislation will wipe the slate threatens to prevent us from consid- We were told by the American Med- clean and will for the first time bring ering a bill we should have passed long ical Association and others that we honest budgeting to Medicare. ago. I hope we can proceed to this bill would get help from the Republicans to Mr. LEAHY. Mr. President, I am and pass it swiftly so we can begin our take care of senior citizens so that proud to be a cosponsor of the bill we work toward improving our overall they would have doctors to take care of are considering today, the Medicare health care system. them. It is very interesting. One of the Physician Fairness Act, introduced by Mr. BAUCUS. Mr. President, an old sponsors of this legislation, one of the Senator STABENOW. This bill would per- Chinese proverb says: Republican leaders, is not supporting manently end the scheduled reductions ‘‘If you do not pay the doctor who the legislation. How do you like that? in Medicare and TRICARE payments cured you, beware of falling ill again.’’ This is another effort of Republicans to that physicians face each year. This We are here today because we need to slow down, divert, and stop what we legislation is long overdue and an im- fix the way that we pay the doctors are trying to do with health care and portant step in making sure doctors who cure us. based on everything else. will continue to serve Medicare pa- The way that we pay for health care I just finished a meeting over here tients and veterans in the years to today contributes to spiraling health with my chairmen. We lamented the come. care costs. It contributes to quality-of- fact of how things have changed in this This year marks the 8th year in a care that is not as good as it should be. town, how in this new administration row that Congress will be forced to pre- Today’s payment system rewards we have had to file cloture on a signifi- vent scheduled physician payment cuts providers for the quantity, not the cant number of occasions to get people under the Medicare Program. The quality, of the services that they pro- who have jobs in this administration scheduled cuts are based on a flawed vide. approved in the Senate. During the formula, which cuts physician pay- Commonsense health reform must re- Bush first year, during this same pe- ments in the future if physician spend- structure the way that we pay for riod of time, not a single nomination ing exceeds a target based on the health care. he requested had to be clotured; that growth of the economy. Because the Because of its size and purchasing is, to end a filibuster. We have numer- scheduled cuts are cumulative, next power, Medicare can lead the way. But ous people to get approved. year we could expect to see a 21-per- payment reforms won’t be effective un- We have essential legislation, such as cent reduction in physician payments less they’re built upon a solid payment legislation that deals with giving peo- and a cumulative 40-percent cut sched- foundation. ple who are out of work unemployment uled by 2016. It is no wonder Congress Unfortunately, the current Medicare benefits. It is not a gift. They pay into has consistently acted to prevent these payment system for doctors is fun- that fund or they thought it wasn’t a cuts and experts have called for a re- damentally flawed. It does not provide gift. peal of this broken formula. stability and predictability for our doc- I want everyone to know we are Without passing this bill and perma- tors. It is not a solid foundation for the going to take care of Medicare. If the nently ending the schedule of physician future. Republicans in the Senate don’t want payment cuts, doctors will continue to That is so, because in 1997, Congress to do it the way we have done it in the struggle to budget for the future with- created the Medicare physician pay- past by doing the doctors fix, then out knowing with absolute certainty ment system that we have today. Con- when we finish the health care legisla- that Congress will act to prevent pay- gress created a thing called ‘‘the sus- tion, we will come back and take care ment reductions. The uncertainty in tainable growth rate,’’ or ‘‘SGR.’’ It of a multiple-year fix for the doctors payment rates has already resulted in was meant to control what Medicare and senior citizens. I want everyone within the sound of many physicians declining to accept spends on doctors. my voice to understand that Wash- Medicare making it hard for bene- But the SGR is not working. It never ington is being driven by a small num- ficiaries to find a doctor. In rural really has. ber of people on this side of the aisle States like Vermont, finding a doctor Had Congress not intervened, the who are preventing us from doing is challenging enough without looming SGR would have produced steep cuts in things that help the American people. payment cuts affecting doctors every physician payments every year since We are not trying to run over people year. In addition to seniors, the more 2002. And if Congress does not inter- with the 60 votes we have. We want to than 12,000 Vermont veterans and mili- vene now, the SGR will continue to work with people. We want to get tary personnel who participate in produce steep cuts for the foreseeable along. I think it is really too bad that TRICARE will continue to feel their future. suddenly they have got religion. They benefits are at risk so long as this Without action, next year, physician never worried in the past about all the flawed formula threatens payment re- payments will be reduced by 21 percent. tax cuts being paid for. They never ductions to their doctors. And the cuts will continue for the fore- worried about drug manufacturers get- Some have argued that we cannot af- seeable future. The total cut over the ting all the free stuff they got. They ford to make such an expensive fix to next decade will approach 40 percent. never worried about any of this. They our health care system. I disagree. The Every year since 2003, Congress has now are suddenly being very frugal President already assumed Congress intervened. Congress regularly acts to when they find it is a way they can will fix the payment cuts over the next avert these cuts. And given the mag- slow down what we do here. 10 years in his budget proposal. We all nitude of the impending reductions, The PRESIDING OFFICER. The Sen- know that without a permanent fix Congress will continue to intervene. ator from Michigan is recognized. Congress will continue to act to pre- The stakes are just too high. Ms. STABENOW. Mr. President, if I vent these debilitating cuts in payment Allowing these draconian cuts to go might just add to what our distin- rates to doctors. The administration’s into effect would jeopardize access to guished leader has said and thank him budget gives a realistic estimate of doctors for 40 million seniors—includ- for bringing this vote to us. This is projected Medicare spending. Passing a ing 160,000 Montanans—who rely on about strengthening and protecting permanent fix will allow us to have ac- Medicare for their health coverage. Medicare. curate estimates of Medicare spending, That is why AARP unequivocally sup- The distinguished Republican leader a first step toward truly reforming the ports the repeal of the flawed SGR for- is right: Enough is enough—enough of physician payment system to one that mula.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.039 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10613 But the damage would not end there. in the first 10 years and dramatically change, Medicare beneficiaries’ access Because TRICARE—the health care bend the cost curve in the long run. to the health care they need will be system for active military personnel— But by overturning each of the last limited. The Medicare SGR formula is bases its reimbursements on Medicare seven SGR cuts, Congress has made a real and growing problem that de- rules, 9 million members of the armed clear that the current baseline is bro- serves thoughtful and fiscally respon- services and their families could also ken. And temporary band-aids have sible reform. be left without physician care. only increased the size of future cuts Mr. BYRD. Mr. President, while it is The SGR must be repealed. and the cost of future interventions. important that health professionals in But don’t just take my word for it. Eliminating the SGR now will avert my State of West Virginia receive the The Medicare Payment Advisory Com- devastating payment cuts. And elimi- compensation they deserve, I will, how- mission—or MedPAC—reported to Con- nating the SGR now will create a more ever, vote against this measure. We are gress in 2007 that the SGR should be re- honest picture of our future budgetary on the eve of one of the most historic placed with a more stable, predictable commitments. debates surrounding health care since system. MedPAC recommended a sys- And so, let us avoid merely putting the inception of Medicare in 1965. To tem that rewards doctors based on the another band-aid on the broken physi- follow the many weeks of laborious de- quality and efficiency of the care that cian payment system. Let us truly re- bate and amendments in the Finance they deliver. form the way that we pay the doctors and Health, Education, Labor, and Pen- The Medicare Physician Fairness Act who cure us. And let us enact the Medi- sions Committees, with this legislation is the first step toward a 21st century care Physician Fairness Act. is unwise. It sends the wrong signal. physician payment system in Medicare. Mr. FEINGOLD. Mr. President, our The health committees have not re- The Medicare Physician Fairness Act Nation faces great challenges that re- viewed it. It addresses only a single repeals the flawed SGR formula that quire collective persistence and collec- problem, to the benefit of one group of has done nothing to promote more ap- tive sacrifice to overcome. Two of health care providers, completely out- propriate, evidence-based physician these challenges that I hear the most side the context of broader reform. I care. about from my constituents are the believe piecemeal action on health care Repealing SGR will lay a solid foun- need to reduce the national debt and reform could be its undoing. dation. And on that foundation, we can enact health care reform. Their con- In the coming weeks, I look forward build delivery system reforms that fun- cerns come from a basic sense of re- to voting on the motion to proceed to damentally restructure the Medicare sponsibility and decency—and are true a comprehensive health care reform payment system. We can change it to Wisconsin’s progressive tradition. bill. Reforming our health care system from one that focuses on the volume of They believe, as I believe, that the gov- for the betterment of all of our citizens services delivered to one that rewards ernment should be required to balance is necessary and vitally important. But doctors for the value of care that they their budget just as Wisconsinites bal- we need to make certain there is a na- deliver to patients. ance their checkbook. They believe, as tional consensus behind any health The bill that the Finance Committee I believe, that every American—regard- care bill. In order to pass a meaningful reported last week includes these re- less of wealth, race, gender, or age—de- measure that will provide essential forms. Our bill includes better feed- serves good, affordable health care. health care coverage for those in dire back reports to doctors, so that they These basic principles of fiscal and so- need, the Senate must be entirely know how their utilization trends com- cial responsibility have guided me forthright in both debate and inten- pare to those of their peers. Our bill in- throughout my 17 years in the Senate. tion. Mr. President, $247 billion is not cludes incentives for physicians to And it is these principles that lead me an insignificant amount of money, and work together with other health care to conclude that I cannot support S. the Senate should be up front about providers in accountable care organiza- 1776, the Medicare Physician Fairness the true costs of health care reform. tions that will share in savings they Act, because it will substantially add Mr. DORGAN. Mr. President, my vote achieve for Medicare. And ultimately, to our national deficit. against cloture on the motion to pro- our bill includes a payment system I believe that the Medicare sustain- ceed to legislation that would cancel that rewards every doctor based on the able growth rate is a broken policy and the scheduled physician payment cuts relative quality and costs of care they must be fixed. I also believe that re- in the Medicare Program should not be provide to their patients. quiring Congress to pay for enacting read as opposition to the idea of can- But first, we need to repeal the SGR, new policies is critical to our long- celing those cuts. so that we can enact these meaningful term financial stability and strength I support canceling the payment cuts reforms. as a nation. Waiving paygo require- for physicians. However, I think that Now, any honest discussion about re- ments for this legislation simply puts a action should be paid for. As it stands, pealing the current SGR system must different name on the same $247 billion that legislation would have increased also address the elephant in the room: problem. It passes the buck, and that is the Federal deficit by $245 billion over the CBO budget baseline. The law re- not good enough for me. 10 years. I cannot support that. quires CBO’s budget baseline to assume Just this week, I introduced the Con- Congress has acted to prevent sched- that Congress will not suspend the trol Spending Now Act. This bill con- uled cuts for 6 of the last 7 years, cre- SGR. sists of dozens of different initiatives ating a very large debt burden that be- The reality of the situation, however, that would collectively reduce the def- comes harder and harder to eliminate is at odds with the CBO baseline. Fu- icit by over $1⁄2 trillion over 10 years. each time a temporary fix is enacted. ture congressional action on the SGR Redirecting just a portion of the sav- Each year physicians face uncer- is certain. Seven consecutive cuts ings in my legislation would more than tainty as a result of not knowing have, for good reason, been averted. pay for the Medicare Physician Fair- whether or not their reimbursement Rather than continuing to enact ness Act. We do not have a lack of will be cut. I support developing a new short-term fixes that produce steeper funding options; we have a lack of po- model that provides stability in Medi- cuts in the future, the Medicare Physi- litical will to make those tough deci- care payments. cian Fairness Act adopts the Obama sions. And lack of political will is not I am working with my colleagues to administration’s more realistic budget a good reason to add to the national find ways to address the Medicare phy- baseline. It does not increase spending deficit. sician payment formula, and pay for over recent trends or future action. It For years, I have called for signifi- the cost of doing so. preserves spending at current levels. cant reform of the Medicare sustain- f Adjusting the SGR baseline without able growth rate formula. I have heard an offset is not something I endorse from countless Wisconsin physicians MEDICARE PHYSICIAN FAIRNESS without hesitation. I believe in fiscal about how damaging these potential ACT OF 2009—MOTION TO PROCEED responsibility. And I am proud that the cuts are to their ability to provide CLOTURE MOTION Finance Committee health reform leg- health care. And I am seriously con- The PRESIDING OFFICER. All time islation will reduce the budget deficit cerned that without a comprehensive has expired.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.022 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10614 CONGRESSIONAL RECORD — SENATE October 21, 2009 The clerk will report the motion to The legislative clerk read as follows: standards and testing that have re- invoke cloture. Conference report to accompany H.R. 2647, sulted from the Columbia Accident In- The legislative clerk read as follows: a bill to authorize appropriations for fiscal vestigation Board, I would ask? Is CLOTURE MOTION year 2010 for military activities of the De- there any evidence that the cargo rock- We, the undersigned Senators, in accord- partment of Defense, to prescribe military ets, promised to execute their first ance with the provisions of rule XXII of the personnel strengths for fiscal year 2010, and servicing mission sometime in 2010, are Standing Rules of the Senate, hereby move for other purposes. better than the manned rockets that to bring to a close debate on the motion to The PRESIDING OFFICER. The Sen- have been under development for over 4 proceed to Calendar No. 178, S. 1776, the ator from Alabama is recognized. years? What do the experts say? Medicare Physician Fairness Act of 2009. Mr. SHELBY. Mr. President, I ask NASA’s own Aerospace Safety Advi- Harry Reid, Debbie Stabenow, Roland W. unanimous consent that I be allowed to Burris, Patty Murray, Mark Udall, sory Panel issued a report in April of Mark Begich, Frank R. Lautenberg, speak as in morning business for about this year that stated that ‘‘Commercial Amy Klobuchar, Jack Reed, Carl 10 minutes. Orbital Transportation Services vehi- Levin, Jeff Bingaman, Sherrod Brown, The PRESIDING OFFICER. Without cles are not proven to be appropriate to Sheldon Whitehouse, Barbara Boxer, objection, it is so ordered. transport NASA personnel.’’ Will the Kirsten E. Gillibrand, Charles E. Schu- NASA AND THE FUTURE OF HUMAN SPACE current Administrator, Mr. Bolden, mer, Jeanne Shaheen, Richard Durbin. FLIGHT who helped write these words, now con- The PRESIDING OFFICER. By unan- Mr. SHELBY. Mr. President, I would tradict his statement 6 months after imous consent, the mandatory quorum like to take the opportunity to expand putting his name to them? call has been waived. upon some of my earlier comments, Further, I would ask, what happened The question is, Is it the sense of the and those of other Members of the Sen- to the April report findings in the Au- Senate that debate on the motion to ate, in relation to NASA and the future gustine Commission recommendations? proceed to S. 1776, the Medicare Physi- of human space flight. Have there been findings since April cian Fairness Act of 2009, shall be I am concerned with aspects of the that were available to the Augustine brought to a close? Augustine Commission’s report that Commission that the Aerospace Safety The yeas and nays are required under add credibility to far-reaching options Advisory Panel was not privy to? If so, the rule. for furthering our manned space flight I would certainly look forward to re- The clerk will call the roll. program. If Congress and the public are viewing this new data. The legislative clerk called the roll. to be asked to spend more for change, The Augustine Commission states in The yeas and nays resulted—yeas 47, then it should be change that will give its own report that while human safety nays 53, as follows: us the best chance to succeed and to can never be absolutely assured, it is [Rollcall Vote No. 325 Leg.] continue to lead the world in human ‘‘not discussed in extensive detail be- YEAS—47 space exploration. cause any concepts falling short in Akaka Gillibrand Mikulski The Chairman of the Review of U.S. human safety have simply been elimi- Baucus Hagan Murray Human Space Flight Plans Committee, nated from consideration.’’ Yet we see Begich Harkin Nelson (NE) the vehicles currently deemed unsafe Bennet Inouye Pryor Norm Augustine, announced that safe- Bingaman Johnson Reed ty would be paramount. Yet, from re- for our astronauts being used in the Boxer Kaufman Reid viewing the preliminary information, Augustine Commission’s report as a Brown Kerry Rockefeller there is only one area where mission viable option to go to low Earth orbit. Burris Kirk Sanders When asked on September 15, 2009, Cantwell Klobuchar safety was examined in the report. The Schumer Cardin Landrieu about the readiness of emerging space Shaheen Augustine report contained no safety Carper Lautenberg contractors to provide manned space Specter Casey Leahy comparison for the various vehicles Stabenow considered by the panel and no risk as- flights, former NASA Administrator Dodd Levin Mike Griffin said: Durbin Lincoln Udall (CO) sessment based on each option. The Udall (NM) Feinstein Menendez only safety issue identified was an as- To confuse the expectation that one day a Franken Merkley Whitehouse commercial transport of crew will be there, sessment of how ‘‘hard’’ the panel NAYS—53 to confuse that expectation with the assump- thought each overall mission would be tion of its existence today or in the near Alexander Dorgan McCaskill to achieve—not the safest means to term I think is—is risky in the extreme. Barrasso Ensign McConnell complete the mission successfully. Bayh Enzi Murkowski Current and former NASA Adminis- Bennett Feingold Nelson (FL) Since safety is the most important trators are on record registering their Bond Graham Risch issue, these omissions are starling to doubts regarding the safety of these Brownback Grassley Roberts some of us. Bunning Gregg new commercial contractors. Sessions When making comparisons on the Companies that are new contractors Burr Hatch Shelby Byrd Hutchison safety and performance of the various Snowe within the aerospace community have Chambliss Inhofe Tester options, fundamental design dif- been provided a pathway that could po- Coburn Isakson Thune ferences cannot be lumped together Cochran Johanns tentially lead to billions in govern- Collins Kohl Vitter and considered to be equal. Without an ment funding to pursue opportunities Conrad Kyl Voinovich honest and thorough examination of to support International Space Station Warner Corker LeMieux the safety and reliability aspects of the operations, starting with cargo. I be- Cornyn Lieberman Webb Crapo Lugar Wicker various designs and options, the find- lieve the contractors wishing to pursue DeMint McCain Wyden ings of this report are worthless. I human launches to low Earth orbit The PRESIDING OFFICER. On this would like to know why this blue rib- should prove they can establish a reli- vote, the yeas are 47, the nays are 53. bon panel did not examine these safety able record of meeting the cargo and Three-fifths of the Senators duly cho- aspects. trash hauling responsibilities to sup- sen and sworn not having voted in the Constellation’s vehicles have been port the station before we turn over affirmative, the motion is rejected. planned and scrutinized by multiple the Nation’s human space flight future The Senator from Alabama is recog- stakeholders, all with a single goal in to them. nized. mind: to provide a safe and reliable Pretty slides and unproven promises human space flight system for our Na- will not show us you have the right f tion. stuff to be entrusted with the lives of NATIONAL DEFENSE AUTHORIZA- Flashy PowerPoint presentations and our astronauts. If these companies can TION ACT FOR FISCAL YEAR boisterous claims by potential com- be successful—and there is no reason to 2010—CONFERENCE REPORT—Re- mercial providers about their easy and doubt that eventually, someday, some- sumed simple science solutions to human how they will be—then NASA, the Con- Mr. SHELBY. What is the pending travel into space sound like the answer gress, and the public might be willing business? to all of our problems. What sounds too to hand over launches to low Earth The PRESIDING OFFICER. The good to be true usually is. Are these orbit. That day is not today and it will clerk will report the pending business. proposals subject to the same safety not be for years to come.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.042 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10615 But until that day arrives, I believe sure that this provision would go for- the crimes committed against people we should follow the path that has the ward as part of the conference report, because of sexual orientation, their safest manned vehicle, the vehicle fur- and I congratulate Senate Majority gender, their gender identity or their thest along in development, and, as Leader REID for his essential role in disability, which are much needed pro- mentioned several times by the Augus- this matter. tections. In addition, the legislation tine Commission itself, the program If I might, as I look over where my will provide resources to State, local, that, given appropriate funding, will dear friend and colleague, Senator Ken- and tribal law enforcement to address successfully provide a system that can nedy, sat for decades on this floor, I hate crimes. not only go to the space station but to wish to take the opportunity to re- President Obama has worked closely the Moon and beyond. member Senator Ted Kennedy, who with us to facilitate the quick passage Mr. President, I yield the floor. provided steadfast leadership on this of this vital hate crimes legislation. In Mr. LEAHY. Mr. President, yester- issue for more than a decade. I wish he his first few months in office, he has day, the Senate majority leader was re- could have been here to see this bill, acted to ensure that Federal benefits quired to file cloture to end a Repub- about which he was so passionate, fi- are awarded more equitably, regardless lican filibuster against the Department nally get enacted. I wish he was here in of sexual orientation, and now to en- of Defense authorization bill. We are in any event, but I am honored to be able sure that this hate crimes legislation two wars. We are in two wars, and we to see it through to the finish line for becomes law. Unlike previous years, are about to send, from my State of him. I know it meant a lot to him. I this bipartisan hate crimes bill does miss him, but I think this is a way we Vermont, 1,500 members of our Na- not face a veto threat. We have a Presi- can say to Senator Kennedy his good tional Guard to Afghanistan. We have dent who understands that crimes mo- work goes on. all kinds of things the Defense author- tivated by bias are particularly per- ization bill is designed for, including to Earlier this month was the 11th anni- versary of the brutal murder of Mat- nicious crimes and affect more than protect Americans serving abroad in just the victims and the victims’ fami- harm’s way. Yet the Republicans have thew Shepard. He was a college student who was beaten to death solely because lies. They affect all of us. They affect filibustered against the Department of us as a society. They weaken us and de- Defense authorization bill. The Senate of his sexual orientation. Matthew’s parents worked courageously and tire- mean us as a society, and we should all is going to vote on that tomorrow, pur- be opposed to such crimes. I expect the suant to our rules. I hope we will have lessly for this legislation, which aims to ensure this kind of despicable act President to sign this legislation with- a bipartisan vote proceeding to con- out delay. clude the debate on the conference re- will never be tolerated in this country. The bill was named for Matthew as Hate crimes instill fear in those who port which has been adopted by the well as for James Byrd, Jr. Mr. BYRD have no connection to the victim other House. I expect the Senate, on both was a Black man who was killed in 1998 than a shared characteristic, such as sides of the aisle, will vote to provide because of his race—another awful race or sexual orientation. For nearly the authorities necessary for our men crime which I will not even describe 150 years, we have responded as a na- and women in uniform. because it was so gruesome—but it gal- tion to deter and to punish violent de- I wonder what it would be like if you vanized the Nation against hateful vio- nials of civil rights by enacting Fed- were a soldier, a marine out on the lence. We appreciate and honor the im- eral laws to protect the civil rights of front lines in Afghanistan, and you get portant contribution of James Byrd’s all our citizens. The Matthew Shepard some news back home that one polit- family, as they have worked so hard for and James Byrd, Jr. Hate Crimes Pre- ical party is holding up the Depart- this legislation. vention Act of 2009 continues that ment of Defense authorization bill—the Unfortunately, the years since these great and honorable tradition—Mat- authorization for your equipment, the two horrific crimes have made clear thew Shepard, who was murdered be- authorization for your body armor, the that hate crimes remain a serious and cause of his sexual orientation; James authorization for your ammunition, growing problem. Only a few weeks Byrd, who was murdered because of his the authorization for your going for- ago, we saw—just a few blocks from race. In passing this legislation, we can ward. What would you think as the bul- this Capitol—a shooting at the Holo- say to them and everybody else that at lets are whizzing toward you? I know caust Memorial Museum, a place that last we in the Senate, the body that what I would think. I know what I should be sacred ground because of should be the conscience of the Nation, would have thought when my young what it remembers. We saw a vicious will show, once again, that America son was in the Marine Corps and got hate crime, with a man dying trying to values tolerance and protects all its called for service in the Middle East. I defend the Holocaust Memorial Mu- people. know what I would have thought of seum. I think this bipartisan legisla- The PRESIDING OFFICER. The Sen- people holding up the authorization for tion will help law enforcement respond ator from Wyoming is recognized. the equipment he needed. more effectively to this problem. It is a Also, as part of that conference re- Mr. ENZI. Mr. President, I ask unani- testament to the importance of this mous consent that Senator BARRASSO port, we are going to be adopting the legislation that the Attorney General Hate Crimes Prevention Act, including and I be permitted to speak as in morn- of the United States, Eric Holder, came ing business to offer some comments the provision added by the ranking Re- to the Judiciary Committee in June to publican on the Senate Judiciary Com- about Senator Cliff Hansen, who passed testify in favor of it. We have been away last night, and to agree to a reso- mittee, Senator SESSIONS, to create a urged to pass this bill by State and lution. new criminal offense for attacks local law enforcement organizations against servicemembers because of The PRESIDING OFFICER. Without and dozens of leaders in the faith and objection, it is so ordered. their service. I would hope we will be civil rights communities. I wish, when (The remarks of Mr. ENZI and Mr. moving forward on that. I had been a prosecutor in the State of BARRASSO are printed in today’s After more than a decade, Congress is Vermont, that we had had such legisla- RECORD under ‘‘Morning Business.’’) finally set to pass the Matthew tion so we could have called on it when Mr. ENZI. I suggest the absence of a Shepard and James Byrd, Jr. Hate we needed help. Crimes Prevention Act of 2009 as an This historic hate crimes legislation quorum. amendment to the Defense Authoriza- will improve existing law by making it The ACTING PRESIDENT pro tem- tion Act. I know the President will easier for Federal authorities to inves- pore. The clerk will call the roll. sign this, and I am proud the Congress tigate and prosecute crimes of racial or The assistant legislative clerk pro- has come together to show that vio- ethnic or religious violence. Victims ceeded to call the roll. lence against members of any group be- will no longer have to engage in a nar- Mr. MERKLEY. Mr. President, I ask cause of who they are is not going to be row range of activities, such as serving unanimous consent that the order for tolerated in our country. I thank Sen- as a juror, to be protected under Fed- the quorum call be rescinded. ator COLLINS for cosponsoring the eral law. The PRESIDING OFFICER (Mr. amendment with me. I commend Sen- It also focuses the attention and re- BURRIS). Without objection, it is so or- ator LEVIN for working so hard to en- sources of the Federal Government on dered.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.045 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10616 CONGRESSIONAL RECORD — SENATE October 21, 2009 UNEMPLOYMENT It is paid for through extending a fee remind my colleagues and all Ameri- Mr. MERKLEY. Mr. President, I rise employers are already paying. So it cans about the fiscal realities in which to address the devastating jobs crisis puts no additional pressure on business we find ourselves. I promised I would hitting my home State of Oregon. Last but provides a critical safety net to our continue these efforts until we did Monday, we got new job numbers. On out-of-work Americans. something to address this crisis, so my the face, it was good news. The rate of Before I close, I wish to add one colleagues are going to see a lot of me unemployment dropped from 12.2 per- point: This bill will help these families between now and the end of the year. cent to 11.5 percent. Of course, we and workers get by, but it will also Hopefully something will get done on would all expect this is because there help our economy as a whole by put- this issue before the end of the year. were more jobs. ting money into the hands of those who Unfortunately, I return today to tell As it turns out, that is not the case. need it most. Unemployment benefits my colleagues that the bill to repeal Oregon lost 10,300 jobs in September. rapidly turn into bags of groceries, new the Medicare physician payment for- The unemployment rate dropped sim- and secondhand school clothes, needed mula the Senate considered earlier ply because, in the face of so much un- home repairs. All of that has a big im- today is a step in the opposite direc- employment, many Oregonians are giv- pact on small businesses in Douglas tion, and I was very pleased with the ing up in their search for a job. A year County and small towns such as vote on that. There were 47 votes for ago, 121,000 Oregonians were unem- Roseburg, Sutherlin, and Myrtle Creek. cloture and 53 votes in opposition, so ployed. This September, 211,000 Orego- That is why economists say extend- we had more opposed than we had for nians were out of work. Jobs are hard ing unemployment insurance is about cloture. to find in my home State right now. the best job-creating step the Federal When I spoke here earlier this fall, I The reasons for this are many. We Government could take. I understand discussed one of my children’s favorite are an export State that has seen our some of my colleagues on the other stories, ‘‘The Emperor’s New Clothes’’ trading partners hit hard with their side of the aisle are objecting to con- by Hans Christian Anderson. This little own economic problems, countries such sideration of this bill. They do not piece of artwork I have in the Chamber as South Korea whose GDP, year over want that bill to come to this floor. is in that fairytale. year, dropped up to 20 percent. I think we need to look more closely In the tale, an emperor goes about Mexican penalty tariffs have hit Or- at this issue. A bill extending unem- the land wearing a nonexistent suit egon’s agricultural sector, our fruits ployment benefits to assist in shoring sold to him by a new tailor who con- and our Christmas trees, particularly up the financial foundations of our vinced the monarch the suit was made hard. One of our main industries, the working families while they are still of the finest silks. The tailors—two timber industry, which produces di- searching for those jobs is essential. swindlers—tell the emperor that the mensional lumber for construction all We need to have not partisan potshots threads of his robes will be so fine that across this great United States, has but real help for working families. they will look invisible to those dim- been wiped out by the collapse of con- I appreciate that some Members of witted or unfit for their position. The struction and housing sectors of our this Chamber may come from States emperor and his ministers, themselves economy. that are doing quite well right now. unable to see the clothing, lavish the Allow me to zero in on the county There may be some States in America tailor with praise for the suit because where I was born, Douglas County. In that are not in the middle of a jobs cri- they do not want to appear to be dim- September, Douglas County had a sea- sis, but far too many of our States are witted or incompetent. sonally adjusted unemployment rate of similar to Oregon, where families need Word spread across the kingdom of 16.1 percent. One out of every six adults assistance. The delay of providing an the emperor’s beautiful new clothes. To was out of a job. Douglas County is a extension of unemployment benefits show off the extraordinary suit, a pa- big timber county. There is no market will cause real pain to families in those rade was formed. People lined the for dimensional lumber right now. The States and slow down the effort for our streets to see the emperor show off his recovery package has helped some by economy as a whole to recover. new clothes. Again, afraid to appear creating jobs preventing wildfires in I urge my colleagues to join in sup- stupid or unfit, everyone pretends to porting the working families of Doug- choked and overgrown second-growth see the suit. It is only when a child las County, the working families of Or- forests, but that is not enough. cries out ‘‘the emperor wears no We need the housing markets to turn egon, the working families of the clothes’’ does the crowd acknowledge around. We need to diversify Douglas United States of America, and support that the emperor is, in fact, naked. County’s economic base by investing in job creation by supporting this exten- Mr. President, much like the emperor clean energy technology that will turn sion of unemployment benefits. in this story, America’s elected leaders I yield the floor. biomass from the forests into renew- know we face a fiscal train wreck, but The PRESIDING OFFICER. The Sen- able fuels. we are choosing to ignore our current ator from Minnesota is recognized. We are hard at work on both fronts, economic reality. The American people (The remarks of Ms. KLOBUCHAR per- attempting to stabilize housing and taining to the submission of S. Res. 317 know ‘‘we are naked,’’ and so does the crafting new clean energy legislation. rest of the world, and our credibility are located in today’s RECORD under But in the meantime, workers in Doug- ‘‘Submission of Concurrent and Senate and our credit are at risk, but we las County are hurting. There are not Resolutions.’’) refuse to acknowledge what is obvious: enough jobs. It is a crisis for the Doug- Ms. KLOBUCHAR. I suggest the ab- When it comes to fiscal responsibility, las County families. sence of a quorum. ‘‘the emperor wears no clothes.’’ Yet In a crisis, we help our neighbors. The PRESIDING OFFICER. The earlier today we had a vote on whether One of the best ways we can help our clerk will call the roll. to proceed to a bill that would have neighbors and friends in Douglas Coun- The legislative clerk proceeded to added $247 billion to our Nation’s debt. ty and other counties throughout Or- call the roll. The interest alone adds another $50 bil- egon and other counties throughout Mr. VOINOVICH. Mr. President, I ask lion in debt over the next 10 years. We the United States of America is to pass unanimous consent that the order for are just going to put it on the national an extension of unemployment bene- the quorum call be rescinded. credit card and let our children and fits. The PRESIDING OFFICER. Without grandchildren take care of it. We are Let me be clear: Oregonians want objection, it is so ordered. the biggest credit card abusers in the jobs. That is our first and best answer. Mr. VOINOVICH. Mr. President, I ask world, and the credit cards we are If there are jobs out there, citizens will unanimous consent that I be permitted using are the credit cards of my chil- line up to get them. But when there are to speak as in morning business for up dren and grandchildren and other no jobs, we need to have help. The ex- to 10 minutes. Americans. I am pleased, as I said, that tension of unemployment benefits is The PRESIDING OFFICER. Without a majority of my colleagues joined me such help. It would extend benefits for objection, it is so ordered. in opposing moving forward with this 14 weeks for all States and 20 weeks for MEDICARE PHYSICIAN PAYMENT FIX legislation. high unemployment States such as the Mr. VOINOVICH. Mr. President, sev- The President has said the health State of Oregon. eral weeks ago I came to the floor to care reform bill would not add one

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We need to take a comprehen- unsustainable course, we are going to I suppose it is easy to make claims sive look at the program. see interest rates start to skyrocket in about health care reform legislation I will be the first to admit we must this country. Over half our debt is in not adding to the deficit when Congress honor our commitment to our Nation’s the hands of the Chinese and the Indi- takes the parts that cost money off the seniors and ensure they have access to ans and the OPEC nations and Japan. table, but to do so is fiscally irrespon- quality health care services. I have We are in bad shape. The public under- sible and morally corrupt. heard it firsthand from family and stands it. They understand. They un- The physician fix was left out of the friends that in some places in Ohio, derstand that the emperor has no Finance Committee, I suspect, not be- Medicare beneficiaries face delays for clothes. We are not doing anything cause my colleagues do not agree it is physician services right now. In fact, about the problem, and they get it a fundamental part of health care re- 6.8 percent of Ohioans live in a des- today. form but because it would have cost ignated primary care shortage area. We I happen to believe that the undertow money my colleagues did not want to need more doctors and nurses. The sit- that is out there in the country today account for in the bill. If the Finance uation is only going to get worse. Thir- in terms of health care reform and in Committee would have included the fix ty-nine percent of physicians are over terms of climate change is the fact in their bill, the $81 billion surplus the age of 50 and considering limiting that the American people understand they say the bill will create would have the amount of time they see patients. that things aren’t right. The American quickly turned into a deficit. That is For these reasons, I have been advo- people in the Presiding Officer’s State, unacceptable, and I am not the only cating for the past several years that in my State, do you know what they one who feels that way. The Wash- we need a permanent and commonsense are doing? They are buying less. They ington Post discussed the effort to take fix for the flawed sustainable growth are not putting it on their cards. They the fix for the sustainable growth for- rate formula, which we refer to as the are trying to save some money. They know they have been on a binge. They mula—the formula that calculates re- doc fix. I do not think there is anyone look to us and they say, What are you imbursement for physicians under on either side of the aisle who dis- doing? What are you doing? We care Medicare—out of the larger health care agrees. We need to do that. Yet this about ourselves, but we also care about bill as a ‘‘shell game’’ and ‘‘budgetary bill we just considered is not the way our children and grandchildren. It is smoke and mirrors.’’ This is just an- to do it. Any fix must be part of a larg- not fair to those individuals to do what other illustration of our out-of-control er conversation, and it must be done in we are doing. spending that has caused our national a way that does not simply add to the We have a moral obligation to do debt to skyrocket. burden we are already placing on our what we can to try to make sure this One of the reasons I ran for the Sen- children and grandchildren. generation’s standard of living will not ate and came to Washington a long I am pleased that in a letter last be less than those who came before time ago was to reduce the Federal week to Senator REID, 10 Senate Demo- them. Many people believe that is debt and balance our budgets. That is crats joined me in this conclusion, ask- going to be the case. The passage of the what I did when I was mayor of Cleve- ing the majority leader that he get se- legislation to fix the physician pay- land. That is what I did when I was rious about the Federal debt and tax ment formula by borrowing more Governor of Ohio. When I arrived in the and entitlement reform. They believe, money will only help guarantee that Senate in 1999, the gross national debt as I do, that we cannot continue to they are right. stood at $5.6 trillion, or 61 percent of keep spending without consequence. As We have a serious problem. I will be the GDP. Today, the gross national I have been advocating, we must give coming to the floor over and over to debt is nearly $11.8 trillion, and the larger reform serious thought before it see if we can’t do it. I am going to do President will be coming before us to is too late. We must act on the tough what I can to convince the President raise the national debt to, I think, over issues today. that he ought to participate in setting $12 trillion. The 2009 deficit stands at As Gerald Seib noted in the Wall up this commission, working with Sen- about $1.4 trillion. Street Journal yesterday: ator GREGG and Senator KENT CONRAD, I just got back 2 weeks ago from Ath- Administration officials also know they to see if we can’t get them together to ens, Greece, and an Organization for have little choice but to start showing early agree on what this commission would Security and Co-operation meeting in next year that they take the deficit seri- look like. We are hoping the President Athens. When I shared with my col- ously, for both political and economic rea- sons. is alert enough to know that if he leagues that we borrowed $1.4 trillion doesn’t deal with this problem, it is not to run the government—and they were That is why Senator LIEBERMAN and only a substantive problem that needs all asking for help—they were as- I have introduced legislation called Se- to be dealt with but a major political tounded. They just could not believe it. curing America’s Future Economy, problem that he is going to have. The I also reminded them that debt was which basically creates a bipartisan American public demands that we start like the debt we racked up during the commission that would deal with the talking about doing something about Second World War. In other words, that deficit and deal with tax reform; that if this problem and they know we are is the period to which you can compare a supermajority of those agree to the running out of time. it. So the 2009 deficit stands at $1.4 tril- solution, that would get expedited pro- I yield the floor. lion and at $9.1 trillion over the next cedure on the floor of the Senate and The PRESIDING OFFICER. The Sen- decade, which does not include the bor- move to an up-or-down vote, very much ator from North Dakota is recognized. rowing from the trust funds and which like we do with the BRAC process. We INTERNET NEUTRALITY is three times the largest deficit in our have been trying to do this now for 4 Mr. DORGAN. Mr. President, tomor- history. years. We have talked to the OMB Di- row at the Federal Communications It does not take an economist to re- rector, Peter Orszag. It is interesting. Commission there will be a vote on a alize our current course is Two years ago he was with a lot of proposed rulemaking. It is a rule- unsustainable. The Medicare Program former CBO Directors and said, We making on something called net neu- is scheduled to be bankrupt by 2017. I have to have a commission. It is the trality. Let me put that in English, if cannot understand why we are not only way we are going to deal with en- I might. It is about Internet freedom. I talking about that. That means the titlements; it is the only way we are wish to talk for a moment about the supply of money coming in is not going going to deal with tax reform, yet we importance of this. to be enough to take care of the de- are not able to convince the adminis- One would think, given the reaction mand—just what is happening now in tration to move forward with us to by some and dozens and dozens of let- Social Security. In the next couple tackle this very heavy responsibility. ters that are now going to the FCC,

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Then the Federal Communications trality or the principle of non- Sure enough, in the little porch com- Commission came along and said, We discrimination with respect to the ing into the home she had cardboard are going to redefine the Internet as an Internet. boxes and tape and the kinds of things information service rather than a tele- I wish to describe how important you would do to box something up and phone service and the result is the non- that is. The Internet is an unbelievable send it. Here in this little town in discrimination rules fell off the chart new invention in our lifetime. It was southwestern North Dakota, a town of because they attached to the telephone created by the Federal Government. A 300 people, a woman, in the home I service. So some of us have said, Well, bunch of scientists and engineers in the grew up in, was running a business. we certainly want to maintain and con- Federal Government described this I said: How do you do? tinue nondiscrimination rules. I mean, method of communicating one to an- She said: Pretty well. This income who would be for discrimination, right? other with computer technology and it supplements my husband’s income. She So we want to maintain the non- became the Internet. The Internet de- said: I sell on eBay. discrimination rules. We want to, with veloped over a number of years in a Well, you know what? In that little what is called network neutrality or completely free and open architecture. kitchen, anybody in the world can find net neutrality, restore the non- That meant that anyone could go to her business—anybody in the world can discrimination rules and the basic free- anyplace and see anybody on the Inter- find that business. Why? Because the dom under which the Internet devel- net. So the stories are legend. Internet is open. The architecture has oped in the first instance. That has It was, I believe, 11 years ago when never been closed. The whole notion of been our effort. That is what the Chair- Larry and Sergey, two young men in the Internet is this notion of freedom, man of the Federal Communications college in a dormitory room started a of liberty to go anywhere you want to Commission is attempting to do. It is company. They moved it to a garage go. In the last 31⁄2 years I have written to begin tomorrow with a notice of pro- that had a garage door opener, and it two books and I have discovered in the posed rulemaking. It doesn’t mean he had eight employees, and they had this writing of books how unbelievable the is saying, Here is exactly what we are idea, a new company, a new search en- Internet is to be able to go to anywhere going to do; it is saying, Let’s propose gine. It had eight employees and it was in the world and do research. If you a rulemaking and that rulemaking in a garage with a garage door opener want to know something, go there, and process will allow everybody to weigh 11 years ago. Well, now it is called nobody is going to stop you from going in, to make comments, to be involved Google. wherever you wish to go. Put it in a with the question of exactly what kind But it is not just Larry and Sergey search engine, go find it, and you will of a rule they may or may not write. having a dream and a vision. It is so find it in some crevice on the Internet. I think what the Federal Commu- many others as well. It is Jeff Bezos Somebody out there has put it on the nications Commission is doing tomor- who drove to California with an idea Internet for you to see. It is the most row is exactly the right thing. I know and that idea became Amazon.com, unbelievable research tool I have ever there are some who are pushing back. selling books, and then selling almost found. In fact, there are some who have said, everything. Or it became someone with So, yes, it is Google, it is Amazon, it We want to set up a toll booth. There an idea about having an auction on the is eBay, it is the big companies, but are some CEOs of some large compa- Internet, and it became eBay, and most much more than that, it is the back- nies who have suggested, You know of us know about eBay. Or it became bone that allows people all over this what. Those wires belong to us. We Mark Zuckerberg who had an idea of country and the world to do business. want to be able to have some toll something called Facebook. Well, I am Yes, from their kitchen, from their ga- booths and so on. talking about huge successes. But for rage. Some of those businesses will I don’t believe they should be able to every one of those—Facebook, eBay, grow to become names we don’t now set up any impediments. By that I am Amazon, Google—for every one of those know but will, because they will be not suggesting they don’t have a right large companies that have now grown successful. They will be the next inven- to have security for their networks; on the Internet, there are millions of tion, the next opportunity on this they certainly do. I am not suggesting people out there who are conducting a thing called the Internet. they don’t have a right to do certain business in their kitchen, in their dorm Here is the question: The Internet kinds of inspections to make sure that room, in their garage, because they are was created under circumstances that the kinds of things that are prohib- the next enterprising person to succeed required rules of nondiscrimination. ited—child pornography and others— on the Internet. For the first portion of its birth and are stopped on the Internet. But what I The question is this: If there is some- then origin, it was an Internet that was am saying is the architecture under one in my hometown—and let me de- described as a telephone service and it which the Internet itself was created is scribe that someone, because it hap- was subject to rules that had non- an architecture all of us should aspire pened to be someone who is now occu- discrimination, so no one could dis- to continue, and that is nondiscrimina- pying the home that I grew up in; a criminate. It was completely open, tion rules and transparency. This is very small, two-bedroom home in a completely free. Its architecture was very simple. So tomorrow there will be small town of 300 people. I had not been available to anyone at any time. Any- a vote at the FCC. I would say to the back for some long while to see the body can go anywhere at any time. No- chairman of the FCC and to all of the home. So I knocked on the front door. body has a toll booth, nobody is a gate- Commissioners that you are doing the When the woman answered, I asked if I keeper. It is completely open and free. right thing by proceeding to make cer- could see the home that I grew up in, The biggest company over here and the tain that the future of the Internet is where I spent my first 17 years, and she smallest enterprise over here—big cor- open and has free access with non- said: Of course. Come on in. So I came porate executives wearing gray suits discrimination rules and transparency. in and she was doing something that I making lots of money, and two people Here are a couple of letters I wish to found kind of interesting. She had in in a dorm room or someone in a small have printed in the RECORD, if I might the small kitchen on the table a cam- kitchen in a small town—they are ask unanimous consent. One is a letter era, and the camera was pointed at an equal. Anybody has access to both to Chairman Genachowski and this let- aperture with an arm and on the arm sites, or all sites. That is called non- ter is dated October 19th: was hanging a bracelet, a little gold discrimination and the nondiscrimina- We write to express our support for your bracelet, and she was taking a picture tion rules say no one can set up a bar- announcement that the FCC will begin a of the gold bracelet. rier. No one can set up a gate. No one process to adopt rules to preserve an open

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.051 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10619 Internet. We believe a process that results in Netflix, Inc.; Stan Glasgow, President new tools and opportunities for communica- common sense baseline rules is critical to & COO, Sony Electronics; Carl J. tion, education, health care, business, and ensuring that the Internet remains a key en- Grivner, CEO, XO Communications; every other human endeavor. gine of economic growth, innovation, and Ashwin Navin, Co-Founder, BitTorrent, We look forward to working with you in global competitiveness. Founding Partner, i/o Ventures; Kevin developing clear rules to protect the open Let me not read it all, but let me Rose, Founder, Digg; Mark Zuckerberg, Internet, and in building together a frame- work to secure its future and promote its read the final paragraph of this letter: Founder & CEO, Facebook; Reid Hoff- man, Executive Chairman, Linkedin; continued growth. America’s leadership in the technology Howard Janzen, CEO, One Communica- Sincerely, space has been due, in large part, to an open tions; Thomas S. Rogers, President & Immad Akhund, Co Founder, Heyzap; Internet. We applaud your leadership in ini- CEO, TiVo Inc. Brian Ascher, Venrock; Aneel Bhusri, tiating a process to develop rules that ensure Steven Chen, Founder, YouTube; James Partner, Greylock Partners (and Co- the qualities that have made the Internet so F. Geiger, Chairman & CEO, Cbeyond; Founder and Co-CEO, Workday); Matt successful are protected. John Donahoe, CEO, eBay, Inc.; Blumberg, Chairman & CEO, Return That is a letter from a large group of Caterina Fake, Founder, Flickr; Scott Path, Inc.; Brad Burnham, Union people who run Internet companies and Heiferman, CEO & Co-Founder, Square Ventures; Stewart Butterfield, applications, from Craigslist, Meetup; David Ulevitch, Founder, Co-Founder, Flickr; Ron Conway, Founder, SV Angel LLC; John Doerr, EchoStar, Google, Mozilla, Skype, OpenDNS; Evan Williams, Co-Founder & CEO, Twitter; Mark Pincus, CEO, Partner, Kleiner Perkins Caufield & Amazon, Expedia, Netflix, Sony Elec- Zynga. Byers; Timothy Draper, Founder and tronics, XO Communications, Mr. DORGAN. Mr. President, this is a Managing Director, Draper Fisher Facebook, eBay, and so many others; letter from the largest venture capital Jurvetson; Caterina Fake, Co-Founder, Twitter, and Meetup, so many different Flickr & Hunch. funds in the country that have made folks who know of what they are Brad Feld, Co-Founder, Foundry Group; substantial investments in these com- speaking. I support this letter and Peter Fenton, Benchmark Partners; panies that have helped the Internet commend it to the Chairman of the Eyal Goldwerger, CEO, TargetSpot; grow; Jude Gomila, Co founder, Heyzap; FCC. Again, I ask unanimous consent Dear Chairman Genachowski: We write to Mark Gorenberg, Managing Director, that it be printed in the RECORD. express our support for the Commission’s on- Hummer Winblad; Jordan Greenhall, There being no objection, the mate- going efforts to adopt rules to safeguard the Founder of Divx; Bill Gurley, Bench- rial was ordered to be printed in the open Internet. As business investors in tech- mark Partners; Jed Katz, Managing Di- RECORD, as follows: nology companies, we have first-hand experi- rector, Javelin Venture Partners; Dany OCTOBER 19, 2009. ence with the importance of guaranteeing an Levy, Founder, DailyCandy; Mario Hon. JULIUS GENACHOWSKI, open market for new applications for serv- Marino, Member, Executive Advisory Chairman, Federal Communications Commis- ices on the Internet. Clear rules to protect Board, General Atlantic LLC. sion, Washington, DC. and promote innovation at the edges of the Jason Mendelson, Managing Director, DEAR CHAIRMAN GENACHOWSKI: We write to Internet will reinforce the core principles Mobius Venture Capital; Michael express our support for your announcement that led to its extraordinary social and eco- Moritz, Sequoia Capital; Kim Polese, that the Federal Communications Commis- nomic benefits. Open markets for Internet CEO of Spike Source, Inc.; Avner sion will begin a process to adopt rules that content will drive investment, entrepreneur- Ronen, CEO of Boxee; Pete Sheinbaum, preserve an open Internet. We believe a proc- ship and innovation. For these reasons, Net Former CEO of Daily Candy; Ram ess that results in common sense baseline Neutrality policy is pro-investment, pro- Shriram, Founder, Sherpalo; David rules is critical to ensuring that the Internet competition, and pro-consumer. Sze, Partner, Greylock Partners; Al- remains a key engine of economic growth, I ask unanimous consent to have bert Wenger, Union Square Ventures; innovation, and global competitiveness. Steve Westly, Managing Director, The printed in the RECORD this letter from Westly Group; Fred Wilson, Union For most of the Internet’s history, FCC the venture capital firms that know a rules have ensured that consumers have been Square Ventures. able to choose the content and services they lot about the Internet. Mr. DORGAN. Mr. President, finally, want over their Internet connections. Entre- There being no objection, the mate- I ask unanimous consent to have print- rial was ordered to be printed in the preneurs, technologists, and venture capital- ed in the RECORD a letter from the ists have previously been able to develop new RECORD, as follows: folks who created the Internet. The list online products and services with the guar- OCTOBER 21, 2009. is headed by Vinton Cerf, who is often antee of neutral, nondiscriminatory access Hon. JULIUS GENACHOWSKI, called the ‘‘father of the Internet.’’ I by users, which has fueled an unprecedented Chairman, Federal Communications Commis- era of economic growth and creativity. Ex- sion, Washington, DC. know Vint Cerf. He is an extraordinary isting businesses have been able to leverage DEAR CHAIRMAN GENACHOWSKI: We write to man. Others signing this letter include the power of the Internet to develop innova- express our support for the Commission’s on- Stephen Crocker, David Reed, Lauren tive product lines, reach new consumers, and going efforts to adopt rules to safeguard the Weinstein, and Daniel Lynch: these are create new ways of doing business. open Internet. As business investors in tech- all Internet pioneers. They were there An open Internet fuels a competitive and nology companies, we have first-hand experi- at the beginning. They created this un- efficient marketplace, where consumers ence with the importance of guaranteeing an believable engine of opportunity for make the ultimate choices about which open market for new applications and serv- the American people. They write a products succeed and which fail. This allows ices on the Internet. Clear rules to protect businesses of all sizes, from the smallest and promote innovation at the edges of the similar letter saying: startup to larger corporations, to compete, Internet will reinforce the core principles As individuals who have worked on the yielding maximum economic growth and op- that led to its extraordinary social and eco- Internet and it predecessors continuously be- portunity. nomic benefits. Open markets for Internet ginning in the late 1960s, we are very con- America’s leadership in the technology content will drive investment, entrepreneur- cerned that access to the Internet be both space has been due, in large part, to the open ship and innovation. For these reasons, Net open and robust. We are very pleased by your Internet. We applaud your leadership in ini- Neutrality policy is pro-investment, pro- recent proposal to initiate a proceeding for tiating a process to develop rules to ensure competition, and pro-consumer. the consideration of safeguards to that end. that the qualities that have made the Inter- Permitting network operators to close net- This is a letter to Chairman net so successful are protected. work platforms or control the applications Genachowski from the folks I men- Sincerely, market by favoring certain kinds of content tioned. I ask unanimous consent to Jared Kopf, Chairman & President, would endanger innovation and investment have printed in the RECORD this letter. AdRoll.com; Craig Newmark, Founder, in an investment sector which represents There being no objection, the mate- Craigslist; Charles E. Ergen, Chairman many billions of dollars in economic activ- & CEO, EchoStar Corporation; Eric ity. The Commission is absolutely correct to rial was ordered to be printed in the Schmidt, CEO, Google Inc.; John Lilly, propose clear rules that require competition. RECORD, as follows: CEO, Mozilla Corporation; Josh Silver- The promise of permanently securing an OCTOBER 15, 2009. man, CEO, Skype; Gilles BianRosa, open Internet will deliver consumers and Hon. JULIUS GENACHOWSKI, CEO, Vuze, Inc.; Jeff Bezos, Founder & innovators a perfect free market that drives Chairman, Federal Communications Commis- CEO, Amazon.com; Jay Adelson, CEO, investment, job creation, and consumer wel- sion, Washington, DC. Digg; Erik Blachford, Former CEO, fare. These principles should apply across all DEAR MR. CHAIRMAN: We appreciate the op- Expedia. Internet access networks, wired or wireless. portunity to send you this letter. As individ- Barry Diller, Chairman & CEO, IAC; Investment and innovation at the edge of uals who have worked on the Internet and its Reed Hastings, Co-Founder & CEO, the network will create not just jobs but also predecessors continuously beginning in the

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.052 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10620 CONGRESSIONAL RECORD — SENATE October 21, 2009 late 1960s, we are very concerned that access is a controversial issue, although it ramifications for our ability to detain to the Internet be both open and robust. We should not be. foreign nationals safely outside our are very pleased by your recent proposal to The basic principle of freedom on the borders during wartime at the U.S. initiate a proceeding for the consideration of Internet, open architecture on the naval station at Guantanamo Bay, safeguards to that end. In particular, we believe that your net- Internet, the openness with which this Cuba. The case also provides insight work neutrality proposal’s key principles of Internet was created ought to persuade into the question of the best place to ‘‘nondiscrimination’’ and ‘‘transparency’’ are everyone to say: Yes, let’s restore the detain and try foreign terrorists. necessary components of a pro-innovation conditions under which the Internet The case involves a group of ethnic public policy agenda for this nation. This has always operated, up until recently; Chinese Uighurs who are detained at initiative is both timely and necessary, and that is, nondiscrimination and trans- Guantanamo Bay. The Uighurs won we look forward to a data-driven, on-the- parency. their habeas corpus petition to be re- record proceeding to consider all of the var- There are some interests in this leased from custody. Many of these ious options. country, I understand, some economic We understand that your proposal, while Uighurs, however, had received ter- not even yet part of a public proceeding, al- interests that say: No, we don’t want rorist training in the Tora Bora Moun- ready is meeting with strong and vocal re- that. We want some opportunity to tains of Afghanistan, including weap- sistance from some of the organizations that perhaps go a different direction. We ons training on AK–47 assault rifles at the American public depends upon for had one CEO in this country say: You a camp run by the head of a group that broadband access to the Internet. As you know what. I want some of these com- our State Department has designated a know, the debate on this topic has been panies on the Internet to pay me for terrorist organization and that the lengthy, and many parties opposing the con- the right to move on my lines. Once United Nations has listed as a group cept have systematically mischaracterized that starts, once we go down that road the views of those who endorse and support associated with Osama bin Laden, al- your position. with those who have the muscle or the Qaida, or the Taliban. We believe that the existing Internet ac- strength to decide who is going to cross Not surprisingly, it has not been easy cess landscape in the U.S. provides inad- and who is not, who can get by their to find countries eager to accept the equate choices to discipline the market toll booth and who cannot, then I am Uighurs into their civilian populations. through facilities-based competition alone. telling you there are Larrys and So the Uighurs sued to be released into Your network neutrality proposals will help Sergeys in a dorm room out there the United States. Federal District protect U.S. Internet users’ choices for and someplace or a woman in a kitchen Court Judge Ricardo Urbina granted freedom to access all available Internet serv- ices, worldwide, while still providing for re- with a small business that is not going the Uighurs’ request and ordered them sponsible network operation and manage- to succeed. And that innovation, that released in our country. It did not mat- ment practices, including appropriate pri- new company, that new business for ter to Judge Urbina that the Uighurs vacy-preserving protections against denial of this country, the expansion of the did not have an immigration status or service and other attacks. Internet and opportunity that comes that they had received military-style One persistent myth is that ‘‘network neu- with it will not exist. Why? Because we weapons training or that they had as- trality’’ somehow requires that all packets failed to continue the open architec- sociated with a terrorist group. He was be treated identically, that no prioritization ture and the basic freedoms on which persuaded by their argument that jus- or quality of service is permitted under such a framework, and that network neutrality the Internet was created and on which tice required that they be released would forbid charging users higher fees for we still ought to govern the future of right here in the United States. faster speed circuits. To the contrary, we be- the Internet. Fortunately, the DC Circuit Court re- lieve such features are permitted within a What Julius Genachowski, the new versed Judge Urbina. It ruled that even ‘‘network neutral’’ framework, so long they chairman, is doing tomorrow at the though the Uighurs had won their ha- are not applied in an anti-competitive fash- FCC is exactly the right thing. He is beas corpus petition, they did not have ion. not mandating some specific menu. He a right to be released into the United We believe that the vast numbers of inno- is beginning a rulemaking process States. In other words, it ruled that vative Internet applications over the last decade are a direct consequence of an open which, at the end, in my judgment, will even if the government had to release and freely accessible Internet. Many now- result in the restoration of two basic them, it did not have to release them successful companies have deployed their principles: nondiscrimination on the into Alexandria or Annandale or Falls services on the Internet without the need to Internet and transparency. Is there Church or anywhere else in Northern negotiate special arrangements with Inter- anyone who believes those principles Virginia that the Uighurs might like to net Service Providers, and it’s crucial that are not fair, are not reasonable? I don’t go. future innovators have the same oppor- think so. The DC Circuit’s ruling is important tunity. We are advocates for ‘‘permissionless There has been a flurry of protests, to national security in general and to innovation’’ that does not impede entrepre- an unbelievable dust created by a lot of the debate over where we should try neurial enterprise. We commend your initiative to protect and noise, a lot of crowd noise around this foreign terrorists in particular. The DC maintain the Internet’s unique openness, and issue. I hope perhaps the chairman and Circuit noted that the Supreme Court support the FCC process for considering the those on the Commission who believe has held that foreign nationals, with- adoption of your proposed nondiscrimination we ought to move in this direction un- out property or presence in the United and transparency principles. derstand there is very substantial sup- States, have fewer legal rights than Respectfully, port for what they are trying to do. foreign nationals who are present on VINTON G. CERF, That support exists in a letter I am American soil. Internet Pioneer. sending today with some of my col- The DC Circuit also noted that the STEPHEN D. CROCKER, Internet Pioneer. leagues to say that support is here. Supreme Court has repeatedly ruled DAVID P. REED, Work that Senator SNOWE and I have that a sovereign has a right to control Internet Pioneer. done on this issue will be reflected as its borders, and that means it has a LAUREN WEINSTEIN, well in a message tomorrow. right to bar from being released into Internet Pioneer. I just want the Chairman to know: its territory foreign nationals whom it DANIEL LYNCH, Keep going. You are doing the right has not admitted onto its soil. Internet Pioneer. thing. Don’t worry about some of the In short, because these detainees re- Mr. DORGAN. Mr. President, let me dust that is out there. Do the public main at Guantanamo outside our bor- finally say this: I understand this issue business, do the right thing, and this ders, they have fewer legal rights than has been controversial. I and Senator country will be best served. they would have if they were brought SNOWE have worked on this issue for a Mr. President, I yield the floor. within our borders, including the right long while. The only time it has been The PRESIDING OFFICER. The Re- to be released into our civilian popu- voted on in the Congress was an at- publican leader. lation. tempt by us to add an amendment in a SUPREME COURT APPEAL We don’t know how the DC Circuit Commerce Committee markup. This Mr. MCCONNELL. Mr. President, yes- would have ruled if the Uighurs had was about 21⁄2 years ago. We had an 11- terday the Supreme Court announced been present on U.S. soil. But we do to-11 tie. Why was there a tie vote? It it would hear a case that has critical know a couple of things. First, the DC

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.009 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10621 Circuit’s reason for not releasing them leaves them at Guantanamo and tries a building in Springfield, Ill., is only the lat- into the United States was that they them at the modern, multimillion-dol- est example of that problem. had not been brought into the United lar courtroom at Guantanamo Bay Moreover, the rules for conducting crimi- nal trials in federal courts have been fash- States. Let me say that again. The DC under the very military commission ioned to prosecute conventional crimes by Circuit’s reason for not releasing them rules it has now rewritten to its liking conventional criminals. Defendants are in the United States was that they had and which we will soon vote on when granted access to information relating to not been brought here. Second, other we consider the Defense authorization their case that might be useful in meeting foreign nationals who have committed conference report. the charges and shaping a defense, without murder and other serious crimes who The Supreme Court should affirm the regard to the wider impact such information were in the United States have been re- DC Circuit Court’s decision and let the might have. That can provide a cornucopia of valuable information to terrorists, both leased here when our government could political branches maintain control those in custody and those at large. not transfer them to another country, over our borders, including deciding Thus, in the multidefendant terrorism either because they did not want to go whether and how foreign nationals out- prosecution of Sheik Omar Abdel Rahman to another country or because other side our borders may be admitted with- and others that I presided over in 1995 in fed- countries did not want to take them. in them. eral district court in Manhattan, the govern- The administration and its defenders If it does, it will bring clarity to the ment was required to disclose, as it is rou- in the Senate say that because we have debate over whether terrorist detainees tinely in conspiracy cases, the identity of all known co-conspirators, regardless of whether tried terrorists in civilian courts be- at Guantanamo Bay ought to be trans- they are charged as defendants. One of those fore, we should do so again. They say ferred to the United States. That clar- co-conspirators, relatively obscure in 1995, there is no problem with us doing so ity is this: If we want certitude that was Osama bin Laden. It was later learned because the administration would foreign terrorists detained at Guanta- that soon after the government’s disclosure never release detainees into the United namo Bay are not released into the the list of unindicted co-conspirators had States, by which they really mean to United States, then do not bring them made its way to bin Laden in Khartoum, say the administration would not in- here in the first place. Sudan, where he then resided. He was able to Mr. President, I repeat. We could try learn not only that the government was tentionally release detainees into the aware of him, but also who else the govern- United States. Both assertions miss terrorists in the United States—we ment was aware of. the mark. could do that—but the issue is should It is not simply the disclosure of informa- First, whether we can try terrorists we do that. The answer is no. tion under discovery rules that can be useful here is not the issue. The issue is I yield the floor. to terrorists. The testimony in a public trial, whether we should try terrorists here. EXHIBIT 1 particularly under the probing of appro- priately diligent defense counsel, can elicit We can try them here, but should we? [From the Wall Street Journal, Oct. 19, 2009] evidence about means and methods of evi- Before he became Attorney General, CIVILIAN COURTS ARE NO PLACE TO TRY dence collection that have nothing to do Michael Mukasey was a noted Federal TERRORISTS with the underlying issues in the case, but trial judge who presided over civilian (By Michael B. Mukasey) which can be used to press government wit- trials of terrorists such as the trial of The Obama administration has said it in- nesses to either disclose information they the so-called Blind Sheik, Omar Abdel tends to try several of the prisoners now de- would prefer to keep confidential or make it Rahman, for the 1993 World Trade Cen- tained at Guantanamo Bay in civilian courts appear that they are concealing facts. The ter bombing. He has written that there in this country. This would include Khalid alternative is to lengthen criminal trials be- Sheikh Mohammed, the mastermind of the yond what is tolerable by vetting topics in are very good reasons we should not closed sessions before they can be presented try terrorists in a civilian court. This Sept. 11, 2001 terrorist attacks, and other de- tainees allegedly involved. The Justice De- in open ones. is a judge who presided over a terrorist partment claims that our courts are well In June, Attorney General Eric Holder an- trial in a U.S. civilian court, and this suited to the task. nounced the transfer of Ahmed Ghailani to is what he says: We should not try ter- Based on my experience trying such cases, this country from Guantanamo. Mr. Ghailani rorists in civilian court, including the and what I saw as attorney general, they was indicted in connection with the 1998 additional legal rights terrorists will aren’t. That is not to say that civilian courts bombing of U.S. Embassies in Kenya and cannot ever handle terrorist prosecutions, Tanzania. He was captured in 2004, after oth- receive if they are brought here. ers had already been tried here for that I ask unanimous consent to have but rather that their role in a war on ter- ror—to use an unfashionable harsh phrase— bombing. printed in the RECORD at the conclu- Mr. Ghailani was to be tried before a mili- should be, as the term ‘‘war’’ would suggest, tary commission for that and other war sion of my remarks General Mukasey’s a supporting and not a principal role. crimes committed afterward, but when the recent op-ed on the topic. The challenges of a terrorism trial are Obama administration elected to close Guan- The PRESIDING OFFICER. Without overwhelming. To maintain the security of tanamo, the existing indictment against Mr. objection, it is so ordered. the courthouse and the jail facilities where Ghailani in New York apparently seemed to (See Exhibit 1.) defendants are housed, deputy U.S. marshals offer an attractive alternative. It may be as must be recruited from other jurisdictions; Mr. MCCONNELL. Mr. President, sec- well that prosecuting Mr. Ghailani in an al- ond, once the administration brings de- jurors must be selected anonymously and es- ready pending case in New York was seen as tainees into the United States—right corted to and from the courthouse under an opportunity to illustrate how readily here in our country—it is no longer armed guard; and judges who preside over those at Guantanamo might be prosecuted in such cases often need protection as well. All simply a matter for the administra- civilian courts. After all, as Mr. Holder said such measures burden an already overloaded in his June announcement, four defendants tion. In other words, once they get justice system and interfere with the han- here, the administration cannot en- were ‘‘successfully prosecuted’’ in that case. dling of other cases, both criminal and civil. It is certainly true that four defendants al- tirely control the issue of whether they Moreover, there is every reason to believe ready were tried and sentenced in that case. are going to be released. It is no longer that the places of both trial and confinement But the proceedings were far from exem- about what it will or will not do. It is for such defendants would become attractive plary. The jury declined to impose the death also about what a Federal judge will or targets for others intent on creating may- penalty, which requires unanimity, when one will not do. hem, whether it be terrorists intent on in- juror disclosed at the end of the trial that he As we saw with Judge Urbina and the flicting casualties on the local population, or could not impose the death penalty—even lawyers intent on filing waves of lawsuits Uighurs, a judge may very well agree though he had sworn previously that he over issues as diverse as whether those cap- could. Despite his disclosure, the juror was with the legal arguments of Guanta- tured in combat must be charged with permitted to serve and render a verdict. namo detainees and order them re- crimes or released, or the conditions of con- Mr. Holder failed to mention it, but there leased right here in the United States. finement for all prisoners, whether convicted was also a fifth defendant in the case, In other words, no matter what the ad- or not. Mamdouh Mahmud Salim. He never partici- ministration’s intention may be, once Even after conviction, the issue is not pated in the trial. Why? Because, before it we bring them here, they do not con- whether a maximum-security prison can began, in a foiled attempt to escape a max- hold these defendants; of course it can. But trol the situation; the courts do. imum security prison, he sharpened a plastic their presence even inside the walls, as comb into a weapon and drove it through the Those risks do not exist if the Obama proselytizers if nothing else, is itself a dan- eye and into the brain of Louis Pepe, a 42– administration does not bring the ger. The recent arrest of U.S. citizen Michael year-old Bureau of Prisons guard. Mr. Pepe Guantanamo detainees into the United Finton, a convert to Islam proselytized in was blinded in one eye and rendered nearly States. That risk does not exist if it prison and charged with planning to blow up unable to speak.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.055 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10622 CONGRESSIONAL RECORD — SENATE October 21, 2009 Salim was prosecuted separately for that did just that after the first World Trade Cen- in 1935, the Hatch Act in 1939, the crime and found guilty of attempted murder. ter bombing, after the plot to blow up air- Smith-Connelly Act in 1943, the Taft- There are many words one might use to de- liners over the Pacific, and after the em- Hartley Act of 1947, the Long Act in scribe how these events unfolded; ‘‘success- bassy bombings in Kenya and Tanzania. fully’’ is not among them. In return, we got the 9/11 attacks and the 1968, the Federal Election Campaign The very length of Mr. Ghailani’s deten- murder of nearly 3,000 innocents. True, this Act in 1974, and the bipartisan Cam- tion prior to being brought here for prosecu- won us a great deal of goodwill abroad—peo- paign Reform Act in 2002 are just some tion presents difficult issues. The Speedy ple around the globe lined up for blocks out- of the reforms enacted by Congress Trial Act requires that those charged be side our embassies to sign the condolence over the years to address corruption in tried within a relatively short time after books. That is the kind of goodwill we can do our government and in our campaigns. they are charged or captured, whichever without. Simply put, history has proven Jus- comes last. Even if the pending charge The PRESIDING OFFICER. The Sen- tice Scalia wrong in his assessment against Mr. Ghailani is not dismissed for vio- ator from Arizona is recognized. lation of that statute, he may well seek ac- that Congress will not act in anything cess to what the government knows of his CAMPAIGN FINANCE REFORM but a self-serving manner. activities after the embassy bombings, even Mr. MCCAIN. Mr. President, I am Justice Scalia’s statement was also if those activities are not charged in the joined by my friend and colleague and remarkable in that it exposed his belief pending indictment. Such disclosures could fellow warrior, Senator FEINGOLD. He that when it comes to issues relating seriously compromise sources and methods and I both have some remarks to make. to campaign reform, he somehow is a of intelligence gathering. I was chosen to go first, and then Sen- better arbiter of what is needed to re- Finally, the government (for undisclosed form the electoral process than the reasons) has chosen not to seek the death ator FEINGOLD, I know, will also want penalty against Mr. Ghailani, even though to address what we think is a very im- Congress or the American people. With that penalty was sought, albeit unsuccess- portant issue. This is the issue of the all due respect, that is not the job of fully, against those who stood trial earlier. U.S. Supreme Court case Citizens the judicial branch. Judges who stray The embassy bombings killed more than 200 United v. Federal Election Commis- beyond their constitutional role to try people. sion. and take Congress’s place as policy- Although the jury in the earlier case de- On September 9, the U.S. Supreme makers falsely believe that judges clined to sentence the defendants to death, Court heard oral arguments from both somehow have a greater insight into that determination does not bind a future what legislation is necessary and prop- jury. However, when the government deter- sides in the Citizens United v. Federal mines not to seek the death penalty against Election Commission. The implications er than representatives who are duly a defendant charged with complicity in the of this case are very serious, and the elected by the people and accountable murder of hundreds, that potentially distorts Supreme Court’s decision could result to them every several years. every future capital case the government in the unraveling of over 100 years of Activist judges—regardless of wheth- prosecutes. Put simply, once the government congressional action and judicial er it is liberal or conservative activ- decides not to seek the death penalty against precedent with respect to corporate ism—assume the judiciary is a super- a defendant charged with mass murder, how spending in political campaigns. Sen- legislature of moral philosophers, enti- can it justify seeking the death penalty tled to support Congress’s policy against anyone charged with murder—how- ator FEINGOLD and I were present in ever atrocious—on a smaller scale? the Supreme Court chamber for the ar- choices whenever they choose. I believe Even a successful prosecution of Mr. guments in this case. I commend both this judicial activism is wrong and is Ghailani, with none of the possible obstacles sides for presenting their case in a contrary to the Constitution. described earlier, would offer no example of thoughtful, intelligent manner. How- Our Constitution is very clear in its how the cases against other Guantanamo de- ever, there was one part of the argu- delineation and dispersement of power. tainees can be handled. The embassy bomb- ment I found particularly disturbing. It solely tasks the Congress with cre- ing case was investigated for prosecution in While responding to a question from ating law, not the courts. I have a long a court, with all of the safeguards in han- history of opposing activist judges. Ju- dling evidence and securing witnesses that Justice Alito, the Solicitor General attend such a prosecution. By contrast, the was interrupted by Justice Scalia, who dicial activism demonstrates a lack of charges against other detainees have not said: respect for the popular will, and that is been so investigated. Congress has a self-interest. I mean, we— at fundamental odds with our repub- It was anticipated that if those detainees we are suspicious of Congressional action in lican system of government. I believe a were to be tried at all, it would be before a the First Amendment area precisely because judge should seek to uphold all acts of military commission where the touchstone we—at least I am— Congress and State legislatures, unless for admissibility of evidence was simply rel- Here is the interesting part, when they clearly violate a specific section evance and apparent reliability. Thus, the of the Constitution, and refrain from circumstances of their capture on the battle- Justice Scalia said: field could be described by affidavit if nec- I doubt that one can expect a body of in- interpreting the law in a manner which essary, without bringing to court the par- cumbents to draw election restrictions that creates new law. That is a fundamen- ticular soldier or unit that effected the cap- do not favor incumbents. Now is that exces- tally conservative position I have held ture, so long as the affidavit and surrounding sively cynical of me? I don’t think so. throughout my career. I wish Justice circumstances appeared reliable. No such Yes, I think it is excessively cynical. Scalia shared that position. procedure would be permitted in an ordinary I take great exception to Justice Let us be very clear. At stake in the civilian court. Scalia’s statement, as should every Citizens United case are the voices of Moreover, it appears likely that certain Member of both Houses of Congress. It millions and millions of Americans charges could not be presented in a civilian court because the proof that would have to is an affront to the thousands of good, that could be drowned out by large cor- be offered could, if publicly disclosed, com- decent, honorable men and women who porations if the decades-old restric- promise sources and methods of intelligence have served this Nation in these Halls tions on corporate electioneering are gathering. The military commissions regi- for well over 200 years. Not only was rescinded. Overturning Supreme Court men established for use at Guantanamo was Justice Scalia’s statement excessively precedent would open the floodgates to designed with such considerations in mind. cynical, it showed his unfortunate lack unlimited corporate and union spend- It provided a way of handling classified in- of understanding of the facts and his- ing during elections and undermine formation so as to make it available to a de- tory of campaign reform. Throughout election laws across the country. Those fendant’s counsel while preserving confiden- tiality. The courtroom facility at Guanta- our history, America has faced periods able to spend tens of millions of dol- namo was constructed, at a cost of millions of political corruption, and in every in- lars, such as a Fortune 500 company or of dollars, specifically to accommodate the stance, Congress has risen above its a big labor union, are much more like- handling of classified information and the own self-interest and enacted the nec- ly to be heard during an election than heightened security needs of a trial of such essary reforms to address the scandals the average American voter is. For this defendants. and corruption that have plagued our reason, I have always advocated laws Nevertheless, critics of Guantanamo seem democratic institutions over time and that would prevent big-moneyed spe- to believe that if we put our vaunted civilian justice system on display in these cases, throughout our history. The Tillman cial interests from drowning out the then we will reap benefits in the coin of Act in 1907, the Publicity Act of 1910, voices of individual American citizens world opinion, and perhaps even in that part the Federal Corrupt Practices Act in in elections and dominating the deci- of the world that wishes us ill. Of course, we 1925, the Public Utilities Holding Act sionmaking process of our government.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.010 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10623 Contrary to some of my critics, I am a This reform movement, combined with law prohibited nationally chartered firm believer in the first amendment. allegations of financial impropriety in banks and corporations from contrib- For more than 100 years, laws have the 1904 Presidential election, resulted uting to campaigns. In the report to stood to limit corporate donations to in the enactment of significant re- accompany the Senate version of the political candidates and campaigns— forms. legislation, dated April 27, 1906, the for more than 100 years. The concern On October 1, 1904, Joseph Pulitzer Senate Committee on Privileges and about corporate involvement in cam- published an editorial in the New York Elections wrote: paigns is not new in America. On Sep- World questioning President Roo- The evils of the use of money in connection tember 3, 1897, in a speech on govern- sevelt’s ties to many of the large cor- with political elections are so generally rec- ment and citizenship, Elihu Root, who porations that had donated to his cam- ognized that the committee deems it unnec- would go on to become Theodore Roo- paign. Those questions led Roosevelt’s essary to make any argument in favor of the sevelt’s Secretary of State and a Nobel opponent, Judge Alton Parker, to de- general purpose of this measure. It is in the Peace Prize winner, said: scribe the donations as blackmail and interest of good government and calculated insinuated there was a quid pro quo in- to promote purity in the selection of public The idea . . . is to prevent the great officials.’’ moneyed corporations of the country from volved. President Roosevelt responded furnishing the money with which to elect angrily, calling the accusations mon- Following passage of the Tillman members of the legislature . . . in order that strous and said: Act, Roosevelt again addressed the those members of the legislature may vote The assertion that there has been any issue in his Seventh Annual Message to to protect the corporations. It is to prevent blackmail, direct or indirect . . . is a false- Congress in December, 1907. He said: the great railroad companies, the great in- hood. The assertion that there has been Under our form of government voting is surance companies, the great telephone com- made any pledge or promise or that there not merely a right but a duty, and, more- panies, the great aggregations of wealth, has been any understanding as to future im- over, a fundamental and necessary duty if a from using their corporate funds, directly or munities or benefits, in recognition from any man is to be a good citizen. It is well to pro- indirectly, to send members of the legisla- source is a wicked falsehood. vide that corporations shall not contribute ture to these halls, in order to vote for their President Roosevelt, not wanting to to Presidential or National campaigns, and protection and the advancement of their in- give the appearance of improper influ- furthermore to provide for the publication of terests as against those of the public. both contributions and expenditures. It strikes, Mr. Chairman, at a constantly ence, directed his staff to return a growing evil in our political affairs, which $100,000 contribution from the Standard Although the Tillman Act con- has, in my judgment, done more to shake the Oil Corporation. In his memo he wrote: stituted a landmark in Federal law, ac- confidence of the plain people of small means We cannot under any circumstances afford cording to campaign finance expert An- in our political institutions, than any other to take a contribution which can be even im- thony Corrado, ‘‘its adoption did not practice which has ever obtained since the properly construed as putting us under an quell the cries for reform. Eliminating foundation of our government. improper obligation. corporate influence was only one of the Remember, this was in 1897. He went The allegations of impropriety also ideas being advanced at this time to on to say: led Roosevelt to call for an end to cor- clean up political finance.’’ In the And I believe that the time has come when porate donations to campaigns. In his years following the passage of the Till- something ought to be done to put a check fifth annual message to the Congress man Act, reducing the influence of upon the giving of $50,000 or $100,000 by a on December 5, 1905, Roosevelt said: wealthy individuals and labor unions great corporation toward political purposes, The power of the Government to protect upon the understanding that a debt is cre- became a concern and reformers pushed the integrity of the elections of its own offi- for further limits on donations. ated from a political party to it; a debt to be cials is inherent and has been recognized and recognized and repaid with the votes of rep- affirmed by repeated declarations of the Su- Consequently, in 1947, Congress en- resentatives in the legislature and in Con- preme Court. There is no enemy of free gov- acted the Taft-Hartley Act, which ex- gress, or by the action of administrative or ernment more dangerous and none so insid- plicitly banned corporate and labor executive officers who have been elected in a ious as the corruption of the electorate. union expenditures in Federal cam- measure through the use of the money so He warned: paigns. In doing so, Senator Robert contributed. If [legislators] are extorted by any kind of Taft made clear that the purpose of the Additionally, one can make the case pressure or promise, express or implied, di- new language was simply to affirm that the concern about corporate influ- rect or indirect, in the way of favor or immu- what had been understood to always be ence extends as far back as our Found- nity, then the giving or receiving becomes the case—that the 1907 corporate ban ing Fathers. In 1816, Thomas Jefferson not only improper but criminal. All con- had prohibited corporate expenditures, wrote: tributions by corporations to any political committee or for any political purpose or indirect contributions, as well as di- I hope we shall crush in its birth the aris- should be forbidden by law; directors should rect corporate contributions. tocracy of our moneyed corporations which not be permitted to use stockholders money A ban on corporate expenditures in dare already to challenge our government in for such purposes; and, moreover, a prohibi- campaigns has been consistently a trial of strength, and bid defiance to the tion of this kind would be, as far as it went, laws of our country. upheld by the Supreme Court as con- an effective method of stopping the evils stitutional and as ‘‘firmly embedded in Kentucky was the first State to ban aimed at in the corrupt practices acts. Not our law.’’ corporations from spending their funds only should both the national and the sev- The constitutionality of the ban on in State elections in 1891, and by 1897 eral State legislatures forbid any officer of a corporate campaign expenditures was Florida, Missouri, Nebraska, and Ten- corporation from using the money of the cor- upheld by the Supreme Court in the nessee had all enacted similar cor- poration in or about any election, but they Austin v. Michigan Chamber of Com- porate spending prohibitions in their should also forbid such use of money in con- nection with any legislation. merce decision in 1990 and reaffirmed State elections. While some States Again, the following year, in his by the Court in the McConnell v. Fed- began enacting limits on the influence sixth annual message to Congress in eral Election Commission decision in of money on politics during the Civil December 1906, President Roosevelt 2003. And the corporate expenditure War era, Congress did not begin to pass tried to limit corporate influence, stat- ban had been commented on favorably major campaign finance regulations ing: by the Court in earlier cases. until some decades later. By that time, In 1990, in the Austin case, the Su- political contributions by major cor- I again recommend a law prohibiting all corporations from contributing to the cam- preme Court acknowledged the impor- porate interests and business leaders paign expenses of any party. Such a bill has tance of maintaining the integrity of dominated campaign fundraising, and already passed one House of Congress. Let the political process. From the Court’s this development sparked the first individuals contribute as they desire . . . opinion: major movement for national reform. I repeat what he said: Michigan identified as a serious danger the Progressive reformers, such as Presi- Let individuals contribute as they desire; dent Theodore Roosevelt and investiga- significant possibility that corporate polit- but let us prohibit in effective fashion all ical expenditures will undermine the integ- tive journalists, charged that these corporations from making contributions for rity of the political process, and it has im- business interests were attempting to any political purpose, directly or indirectly. plemented a narrowly tailored solution to gain special access and favors; thereby, In January 1907, Theodore Roosevelt that problem. By requiring corporations to corrupting the democratic process. signed into law the Tillman Act. This make all independent political expenditures

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If anyone has doubts about the influ- paign discourse becomes dominated not by In the McConnell case, the Supreme ence of big-moneyed special interests individual citizens—whose right it is to se- lect their political representatives—but by Court recognized its long-standing sup- on policy makers in this town, let me corporate and union war-chests amassed as a port for the constitutionality of bans relay a personal observation. During result of the special benefits the government on corporate campaign expenditures the Senate Commerce Committee’s confers on these artificial ‘‘persons.’’ That going back to its Buckley decision in consideration of the 1996 Telecommuni- concern remains a compelling justification 1976. From the Court’s decision: cations Act, every company affected by for restrictions on using corporate treasury Since our decision in Buckley, Congress’ the legislation had purchased a seat at funds for electoral advocacy—constraints power to prohibit corporations and unions the table with soft money. Con- that ban no speech but only require that it from using funds in their treasuries to fi- sequently, the bill attempted to pro- be funded by individuals who have chosen to nance advertisements expressly advocating do so. tect them all, a goal that is obviously The holdings of Austin and McConnell— the election or defeat of candidates in fed- incompatible with competition. Con- that it is constitutional to require business eral elections has been firmly embedded in sumers, who only give us their votes, corporations to use segregated funds contrib- our law. had no seat at the table, and the lower uted by shareholders, officers and employees Additionally, in 1982, in the National prices that competition produces never for express candidate advocacy or its func- Right to Work Committee case, the Su- materialized. Cable rates went up. tional equivalent—remain sound today. The preme Court, in an opinion authored by Phone rates went up. And huge broad- interests in preventing actual or apparent corruption of the electoral process and pro- Chief Justice William Rhenquist, stat- casting giants received billions of dol- ed regarding the Federal ban on cor- tecting shareholders provide compelling jus- lars in digital spectrum, property that tification for such requirements, which nei- porate and labor union expenditures: belonged to the American people, for ther unduly burden nor overbroadly inhibit The careful legislative adjustment of the free. They got it for free, billions of protected speech. federal electoral laws, in a cautious advance, dollars worth of spectrum. The corporate PAC option, moreover, is step by step, to account for the particular Information gathered from various ideally suited to balancing the First Amend- legal and economic attributes of corpora- sources in the press at the time indi- ment interests of corporate entities and tions and labor organizations warrants con- their shareholders. It allows the corporation siderable deference. [I]t also reflects a per- cated that the special interest groups to direct political spending only to the ex- missible assessment of the dangers posed by involved spent nearly $150 million to tent shareholders have personally decided to those entities to the electoral process. lobby Congress on telecommunications contribute for that specific purpose. It thus In order to prevent both actual and appar- reform—and they all came out on top— ensures that the corporation may have a ent corruption, Congress aimed a part of its at the expense of the American con- voice, but one that is not subsidized regulatory scheme at corporations. The stat- sumer. unwillingly by those who may disagree with ute reflects a legislative judgment that the Similarly, the pharmaceutical indus- its electoral message. And there is no basis special characteristics of the corporate try has spent millions of dollars to in the record for concluding that PACs are structure require particularly careful regula- inadequate or unduly burdensome for busi- tion. Nor will we second guess a legislative sway lawmakers against the idea of ness corporations, whatever may be true of determination as to the need for prophy- drug importation. In the 2008 election certain ideological nonprofit corporations. lactic measures where corruption is the evil cycle, pharmaceutical companies gave Indeed, PAC requirements pale in compari- feared. As we said in California Medical As- almost $30 million in campaign con- son with the detailed recordkeeping and ac- sociation v. FEC, the ‘‘differing structures tributions to Members of Congress. counting otherwise required of corporations and purposes; of different entities ‘may re- Just this year, according to an article and unions. quire different forms of regulation in order published in the June 3 edition of The The ability of corporate campaign to protect the integrity of the electoral proc- Hill, the prescription drug industry has expenditures to buy influence with ess . . .’ ’’ Federal officeholders, and to create the The governmental interest in preventing given more than one million dollars to both actual corruption and the appearance of both Republicans and Democrats. And appearance of such influence-buying is corruption of elected representatives has these contributions were from the lim- sadly evident in nearly every aspect of long been recognized, First National Bank of ited funds of corporate PACs—a frac- the legislative process. This fact was Boston v. Bellotti, supra, and there is no rea- tion of the flood of money that could recognized in the McConnell case. son why it may not in this case be accom- be spent out of corporate treasuries if The brief filed in the McConnell case plished by treating unions, corporations and the Supreme Court changes the law by by me and my colleagues stated: similar organizations different from individ- judicial fiat. Not surprisingly, the McConnell record uals. As my colleagues know, for many provided strong corroboration that corporate In 1986, in the Massachusetts Citizens years my colleague from Wisconsin, and union expenditures on ads that were the functional equivalent of express advocacy for Life case, the Supreme Court stated Senator FEINGOLD and I fought to ban created the appearance of corruption. Based regarding the Federal ban on corporate soft money—the large, unregulated do- expenditures in campaigns: on that record, Judge Kollar-Kotelly found nations from corporations, labor that such expenditures ‘‘permit corporations This concern over the corrosive influence unions, and wealthy individuals—from and labor unions to inject immense aggrega- of concentrated corporate wealth reflects the Federal elections. As the sponsors of tions of wealth into the process’’ and ‘‘radi- conviction that it is important to protect the Bipartisan Campaign Finance Re- cally distort the electoral landscape.’’ She the integrity of the marketplace of political form Act, we submitted, together with further found that candidates are ‘‘acutely ideas . . . Direct corporate spending on polit- aware of’’ and ‘‘appreciate’’ such expendi- ical activity raises the prospect that re- our colleagues from the House, Rep- resentatives Shays and Meehan, a brief tures, and ‘‘feel indebted to those who spend sources amassed in the economic market- money to help get them elected.’’ She con- place may be used to provide an unfair ad- for the court. In this brief we stated: cluded that ‘‘the record demonstrates that vantage in the political marketplace . . . More fundamentally, Austin and McCon- candidates and parties appreciate and en- The resources in the treasury of a business nell were correctly decided. Unlimited ex- courage corporations and labor unions to de- corporation . . . are not an indication of pop- penditures supporting or opposing candidates ploy their large aggregations of wealth into ular support for the corporation’s political may create at least the appearance of cor- the political process,’’ and that ‘‘the record ideas. They reflect instead the economically ruption, as Caperton v. A.T. Massey Coal Co. presents an appearance of corruption stem- motivated decisions of investors and cus- illustrates. The tremendous resources busi- ming from the dependence of officeholders tomers. The availability of these resources ness corporations and unions can bring to and parties on advertisements run by these may make a corporation a formidable polit- bear on elections, and the greater magnitude outside groups.’’ ical presence, even though the power of the of the resulting apparent corruption, amply According to the Solicitor General’s corporation may be no reflection of the justify treating corporate and union expendi- power of its ideas. tures differently from those by individuals brief, the record in the McConnell case By requiring that corporate independent and ideological nonprofit groups. showed that: expenditures be financed through a political So, too, does the countervailing free- Federal officeholders and candidates were committee expressly established to engage speech interest of the many shareholders aware of and felt indebted to corporations

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Corporations can Essential to a corporation’s existence independent of candidates, had come to be use electoral spending to curry favor with is a first amendment right to speak used as a means of currying favor with and particular candidates and thus to acquire attempting to influence Federal office-hold- about their products and services. Es- undue influence over the candidates’ behav- sential to a corporation’s existence is ers. ior once in office. It is important for us to remember The record in McConnell, which is by far the right to sue for the theft of its in- that this case does not affect solely the the most extensive body of evidence ever tellectual property. Essential to a cor- integrity of Federal elections. The compiled on these issues, indicates that dur- poration’s existence is the right to States also have a great deal at stake ing the period leading up to BCRA’s enact- enter into contracts. Not essential to a ment, Federal office-holders and candidates in this case. In a brief filed in the Citi- corporation’s existence is the ability to were aware of and felt indebted to corpora- contribute unlimited funds to political zens United case, 26 State attorneys tions and unions that financed election- general wrote that ‘‘Courts have re- candidates. eering advertisements on their behalf or It is for this reason and others that peatedly upheld these State and Fed- against their opponents. eral corporate electioneering restric- The nature of business corporations makes the Supreme Court has repeatedly and tions from their inception.’’ corporate political activity inherently more consistently upheld a ban on direct In their brief, the attorneys general likely than individual advocacy to cause contributions to political candidates wrote: quid pro quo corruption or the appearance of by corporations and unions. Chief Jus- such corruption. Even minor modifications This case does not concern the traditional tice Roberts stated at one point during in complex legislation have great potential the argument in the Citizens United regulation of corporate spending by State to benefit or burden particular companies, Laws. Instead it presents the application of a case that: ‘‘We do not put our First industries, or sectors. The economic stake of Amendment rights in the hands of FEC recent Federal statute to a novel form of po- corporations in the nuances of such matters litical campaigning through the medium of as industry-specific tax credits, subsidies, or bureaucrats.’’ I agree. And that is why video-on-demand and the message of a nine- tariffs generally dwarfs that of any set of in- the Court has repeatedly upheld bans ty-minute film. These and other political dividuals. passed by the Congress of the United campaign innovations present an occasion to And when those benefits can be obtained States and by the State legislators on draw on State law experiments, not end through a game of ‘‘pay to play,’’ corpora- them. The court cannot reach the validity of unlimited corporate or union spending tions are better suited than individuals to af- in elections. these laws under Austin without departing ford the ante. Corporate managers need not from its conventional approach to constitu- Under current law, corporations are assemble a coalition of the like-minded; they free to give to political candidates tional avoidance and as-applied review of can draw on the firm’s entire capitalization campaign finance statutes, and ignoring its without seeking the approval of share- through political action committees. cautions against facial challenges in election holders. If only businesses can afford the in- In an editorial in the Boston Globe en- law generally. vestment necessary to pursue rents in this titled ‘‘Corporations Aren’t People Austin follows a century of campaign fi- way, only businesses can reap the (even larg- Yet,’’ the editorial board rightly nance law at the State and Federal level er) reward. And the public perception that honed by six decades of this Court’s holdings. states: ‘‘Even under current financial businesses reap such rewards from legisla- Those decisions, and the State and Federal restrictions, health care industry tors whom they support in campaigns cre- laws that gave rise to and rely on them, de- groups are pouring millions of dollars ates an appearance of corruption that cor- lineate a workable segregated-fund require- into Congressional campaigns in the rodes popular confidence in our democracy. ment for corporate electioneering that is hope of thwarting reforms that might embedded in campaign laws and practice at At the heart of the Citizens United constrain their members.’’ the Federal and State level. While imposing case is a critical question: Do the cher- A September 10, 2009 editorial in the minimal burdens on corporations, the seg- ished individual rights protected by the Philadelphia Inquirer stated: regated fund protects the integrity of the po- Constitution extend in the same man- litical process from the corrupting influence Allowing corporations to flood elections ner to corporations? Corporations, with their aggregate corporate wealth would of corporate executives funding political after all, are artificial creations of law, campaigns that have no proven support from place a heavy thumb on the scales of democ- the shareholders or customers whose money provided for by acts of Congress and racy. If a certain industry did not like the pays for the advocacy. The flourishing of the State legislaturs, and endowed way a Senator voted on environmental regu- corporate speech through PACs, and contin- under these laws with perpetual exist- lations, for example, there would be nothing ued harms of direct corporate electioneering, ence, special tax status, and other to stop that industry from dumping $200 mil- has vindicated rather than undermined Aus- privileges, all for the sole purpose of lion into the campaign of that Senator’s op- ponent. tin’s approval of segregated funds. economic gain. The resolution of this It is clear that the Austin and question in the affirmative will have The editorial goes on to say: McConnell cases were correctly decided wide-ranging and unpredictable results If the high court rules now that corpora- on the merits and those decisions re- for our legal system. tions have the same political speech rights main sound today. According to the For example, if the Court determines as individuals, average citizens will have that much more trouble being heard . . . the brief filed by the U.S. Solicitor Gen- corporations have first amendment distinction between corporate speech and in- eral: rights, it will be logical that corpora- dividual speech is clear enough, and the im- The Court in Austin held that corporations tions also have fifth amendment rights portance of limiting the undue influence of may constitutionally be prohibited from fi- against self-incrimination. Is a cor- money and politics is significant enough nancing electoral advocacy with funds de- poration ‘‘endowed by its creator with that the court, in all its wisdom, should rived from business activities. That holding inalienable rights’’? Just last year the leave well enough alone. was correct when issued and should not be Court found that the second amend- I agree. overturned now. Use of corporate treasury funds for electoral advocacy is inherently ment right to bear arms is a personal In conclusion, the Court should not likely to corrode the political system both right. If the Court were to determine overturn precedent and Congress’s by actually corrupting political officeholders that corporations had the same rights clear intent to limit corporate con- and by creating the appearance of corrup- as persons, would corporations have tributions to political candidates. In tion. Moreover, such use of corporate funds the right to arm themselves? Would summary, there are three simple points diverts shareholders’ money to the support lobbies of Fortune 500 companies con- raised by the Court’s consideration of of candidates who the shareholders may op- tain grand weapon caches? The absurd- the Citizens United case. First, what- pose. ity of the argument should be apparent ever one thinks of a first amendment Congress’s interest in preventing these per- nicious consequences is compelling, and Con- to the members of the Court. right for corporations, it is not appro- gress has chosen a valid message of achiev- John Marshall, former Chief Justice priate for a nondemocratic branch of ing it, requiring a corporation to fund its of the Supreme Court, wrote in 1819 government to raise a question of the electoral advocacy through the voluntary that corporations were ‘‘an artificial broadest scope at the last minute when

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.061 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10626 CONGRESSIONAL RECORD — SENATE October 21, 2009 such a question was not raised in the been proud to be associated with on these longstanding laws will be in jeop- trial court and there is no ability to issues such as these that are important ardy. build a record. to the integrity of the institution that I certainly hope the Court steps back Congress is the most democratically we both try to serve with honor. from the brink. A decision to overturn elected branch of government and I yield the floor. the Austin decision would open the should be able to make laws that do The PRESIDING OFFICER. The Sen- door to corporate spending on elections not stand in the face of the Constitu- ator from Wisconsin. the likes of which this Nation truly has tion whether or not the members of the Mr. FEINGOLD. Mr. President, I never seen. Our elections would become Court would themselves support such thank the Senator from Arizona for all like NASCAR races—underwritten by legislation if they served in the elected the work he has done over these many companies. Only in this case, the cor- branches of government. years to improve our campaign finance porate underwriters wouldn’t just be Secondly, the principle enshrined in system. We have been partners in this seeking publicity, they would be seek- law for many years was that corpora- effort for over a decade. In fact, it will ing laws and policies that the can- tions, because of their artificial legal soon be 15 years. Of course, there is no didates have the power to provide. nature and special privileges, including one in this body whom I admire more We were headed well down that road perpetual existence, pose a unique than JOHN MCCAIN. in the soft money system that BCRA threat to our democracy. However, the In early September, Senator MCCAIN stopped. It may seem like a long time current court seems poised to find that and I had the opportunity to walk ago, but the Senator from Arizona and Thomas Jefferson, Theodore Roosevelt, across the street to the Supreme Court I remember that hundreds of millions and others were wrong despite there and hear the oral argument in the Citi- of dollars were contributed by corpora- being no record built on this point in zens United case. It was a morning of tions and unions to the political par- this case. In McConnell, there was a firsts: The first case that Justice Sonia ties between 1988 and 2002. The system record built to support the decision. Sotomayor has heard since the Senate led to scandals like the White House Here, the trial court never examined confirmed her nomination to become coffees and the sale of overnight stays the idea of corporations having broad only the third woman to sit on our Na- in the Lincoln bedroom. The appear- first amendment rights. The Court is tion’s highest court. And the first oral ance of corruption was well docu- reaching to find such a conclusion as argument that Solicitor General Elena mented in congressional hearings and part of the Citizens United case. Kagan has done since becoming the fully justified the step that Congress Lastly, I stress again to my col- first woman to hold that important po- took in 2002—prohibiting the political leagues the implications of the deci- sition in our government. parties from accepting soft money con- sion the Court may reach in this case. And it was the first time since the tributions. The Court is considering a question Tillman Act was passed in 1907 prohib- Before BCRA was passed, corpora- that may lead to corporations being iting spending by corporations on elec- tions were making huge soft money do- treated as ‘‘persons’’ under the Con- tions, and the Taft-Hartley Act in 1947 nations. They were also spending stitution, would allow corporations to clarified and strengthened that prohi- money on phony issue ads. That is assert a fifth amendment right to bition, that a majority of the Court has what title II was aimed at. But what refuse to testify under oath and to suggested it is prepared to hold that they were not doing was running elec- keep documents from lawful investiga- Congress and the many State legisla- tion ads that expressly advocated the tions, and would allow corporations to tures that have passed similar laws election or defeat of a candidate. That be subject to individual tax brackets. have violated the Constitution. Such a has been prohibited in this country for Are my colleagues prepared to pro- decision could have a truly calamitous at least 60 years, though it is arguable vide such rights to corporations? Are impact on our democracy. that the Tillman Act in 1907 prohibited my colleagues prepared to pass legisla- Until a few months ago, as the Sen- it 40 years before that. So it is possible tion that taxes corporations and per- ator from Arizona pointed out, no one that the Court’s decision will not just sons at the same rate? If the Court pro- had any idea that the Citizens United take us back to a pre-McCain-Feingold vides full first amendment rights to case would potentially become the ve- era, but back to the era of the robber corporations, there is no reason that hicle for such a wholesale uprooting of baron in the 19th century. That result corporations could not receive the ben- the principles that have governed the should frighten every citizen of this efits as well as the responsibilities of financing of our elections for so long. country. The Court seems poised to ig- being a person. The case started out as a simple chal- nite a revolution in campaign financ- Justice Sandra Day O’Connor wrote lenge to the application of title II of ing with a stroke of its collective pen in the McConnell decision, and I think the law that Senator MCCAIN and I that no one contemplated even 6 with such accuracy, that ‘‘money, like sponsored, the Bipartisan Campaign months ago. water, will always find an outlet,’’ and Reform Act of 2002. The issue was While I have disagreed with many that the government was therefore jus- whether the provisions of BCRA relat- Supreme Court decisions, I have great tified in taking steps to prevent ing to so-called issue ads could con- respect for that institution and for the schemes developed to get around the stitutionally be applied to a full-length men and women who serve on the contribution limits. Again, Justice feature film about then-Presidential Court. But this step would be so dam- O’Connor knew better than most ju- candidate Hillary Clinton. The movie aging to our democracy and is so un- rists, as a former Arizona State Sen- was to be distributed solely as video on warranted and unnecessary that I must ator, and majority leader of the Ari- demand. speak out. That is why Senator MCCAIN zona State Senate. I hope and wish Yet somehow at the end of its last and I have taken the unusual step of that the current Court heeds the words term, instead of deciding the case on coming to the floor today. of this brilliant jurist who had real-life the basis of the briefs and arguments To overrule the Austin decision in experiences in politics. submitted by the parties early this this case, the Court would have to ig- Needless to say, I am very concerned year, the Court reached out and asked nore several time-honored principles about the integrity of our elections for supplemental briefing on whether it that have served for the past two cen- should the Supreme Court rule to over- should overturn its decisions in McCon- turies to preserve the public’s respect turn the Austin decision. I sincerely nell v. FEC, the case that upheld BCRA for and acceptance of its decisions. hope that the Justices will practice re- in 2003, and Austin v. Michigan Cham- First, it is a basic tenet of constitu- straint and rule in a manner consistent ber of Commerce, a 1991 decision that tional law that the Court will not de- with judicial precedent and the Con- upheld a State statute prohibiting cor- cide a case on constitutional grounds stitution of the United States of Amer- porate funding of campaign ads ex- unless absolutely necessary, and that if ica. pressly advocating the election or de- there is no choice but to reach a con- I again want to, as I have on many feat of a candidate. That set the stage stitutional issue, the Court will decide occasions, thank my friend from Wis- for the recent special session to hear the case as narrowly as possible. consin, a man of courage and a man of reargument in the case. And now we This is the essence of what some have integrity, and a man I have always await the Court’s verdict on whether called ‘‘judicial restraint.’’ What seems

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.061 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10627 to be happening here though is the an- cause the legal standard under pre- was $23.5 trillion, and after-tax profits tithesis of judicial restraint. The Court vailing first amendment law is whether were nearly $1 trillion. During the 2008 seems ready to decide the broadest pos- the statute is designed to address a election cycle, Fortune 100 companies sible constitutional question—the con- compelling State interest and is nar- alone had profits of $605 billion. That is stitutionality of all restrictions on cor- rowly tailored to achieve that result. quite a war chest that may be soon un- porate spending in connection with My colleagues may recall that when we leashed on our political system. Just elections in an obscure case in which passed the McCain-Feingold bill, a for comparison, spending by can- many far more narrow rulings are pos- massive legislative record was devel- didates, outside groups, and political sible. oped to demonstrate the corrupting in- parties on the last Presidential elec- The second principle is known as fluence of soft money. And the facial tion totaled just over $2 billion. Fed- stare decisis, meaning that the Court constitutional challenge to that bill eral and State parties spent about $1.5 respects its precedents and overrules led to months of depositions and the billion on all Federal elections in 2008. them only in the most unusual of building of an enormous factual record PACs spent about $1.2 billion. That cases. Chief Justice John Roberts, for the court. None of that occurred usually sounds like a lot of money, but whom many believe to be the swing here. And furthermore, the over 20 it is nothing compared to what cor- justice in this case, made grand prom- States whose laws would be upended if porations and unions have in their ises of what he called ‘‘judicial mod- Austin is overruled were given no op- treasuries. So we are talking here esty,’’ when he came before the Senate portunity to defend their legislation about a system that could very easily Judiciary Committee in 2005. Respect and show whatever legislative record be completely transformed by cor- for precedent was a key component of had been developed when their statutes porate spending in 2010. were enacted. the approach that he asked us to be- Does the Supreme Court really be- Instead, the Court seems to be ready lieve he possessed. Here is what he lieve that the first amendment requires to rely on its intuition, its general the American people to accept a sys- said: sense of the political process. From I do think that it is a jolt to the legal sys- tem where banks and investment firms, what I observed at oral argument, that having just taken our country into its tem when you overrule a precedent. Prece- intuition is sorely lacking. One Justice worst economic collapse since the dent plays an important role in promoting blithely asserted that the 100-year-old stability and evenhandedness. It is not Great Depression, can spend millions congressional decision to bar corporate enough—and the court has emphasized this upon millions of dollars of ads directly expenditures must have been moti- on several occasions—it is not enough that advocating the defeat of those can- vated by the self-interest of Members you may think the prior decision was wrong- didates who didn’t vote to bail them ly decided. That really doesn’t answer the of Congress as incumbent candidates, out or want to prevent future economic question, it just poses the question. And you ignoring the fact that the modern Con- disaster by imposing strict new finan- do look at these other factors, like settled gress prohibited soft money contribu- cial services regulations? I say that be- expectations, like the legitimacy of the tions even though the vast majority of cause that is where we are headed. Is court, like whether a particular precedent is those contributions were used to sup- workable or not, whether a precedent has port incumbents. Another Justice the Court really going to say that oil been eroded by subsequent developments. All companies that oppose action on global of those factors go into the determination of opined that it was paternalistic for Congress to be concerned about cor- warming are constitutionally entitled whether to revisit a precedent under the to spend their profits to elect can- principles of stare decisis. porations using their shareholders’ didates who will oppose legislation to So said then Judge Roberts. Talk money for political purposes, even though most Americans invest through address that problem? about a jolt to the legal system. It is The average winning Senate can- mutual funds and have little or no idea hard to imagine a bigger jolt than to didate in 2008 spent $8.5 million. The what corporations their money has ac- strike down laws in over 20 States and average House winner spent a little a Federal law that has been the corner- tually gone to. For the Court to overrule Austin and under $1.4 million. A single major cor- stone of the Nation’s campaign finance McConnell in this case would require it poration could spend three or four system for 100 years. The settled expec- to reject these three important prin- times those amounts without causing tations that would be upset by this de- ciples of judicial modesty. It would even a smudge on its balance sheet. cision are enormous. And subsequent amount to the unelected branch of gov- This is not about the self-interest of developments surely have not shown ernment reaching out to strike down legislators who will undoubtedly fear that the Austin decision is unworkable. carefully considered and longstanding the economic might that might be Indeed, the Court relied on it as re- judgments of the most democratic brought against them if they vote the cently as 2003 in the McConnell case branch. It would be, in my view, a com- wrong way. This is about the people and even cited it in the Wisconsin pletely improper exercise of judicial they represent, who live in a democ- Right to Life decision just 2 years ago, power. racy and who deserve a political sys- written by none other than Chief Jus- Let me discuss for a moment the con- tem where their views and their inter- tice Roberts. To be sure, there are Jus- sequences of this decision. A funda- ests are not completely drowned out by tices on the Court who dissented from mental principle of our democracy is corporate spending. the Austin decision when it came down that the people elect their representa- At the oral arguments last month, and continue to do so today. But if tives. Each citizen gets just one vote. one Justice seemed to suggest it is per- stare decisis means anything, a prece- Our system of financing campaigns fectly acceptable for a tobacco com- dent on which so many State legisla- with private money obviously gives pany to try to defeat a candidate who tures and the American people have re- people of means more influence than wants to regulate tobacco and to use lied should not be cast aside simply be- average voters, but Congress over the its shareholders’ money to do so. This cause a few new Justices have arrived years has sought to provide some rea- is the system the Supreme Court may on the Court. sonable limits and preserve the impor- bequeath to this country if it does not Third, the courts decide cases only tance of individual citizens’ votes. One turn back. on a full evidentiary record so that all of the most important and long- Some will say that corporate inter- sides have a chance to put forward standing limits is that only individuals ests already have too much power and their best arguments and the court can can contribute to candidates or spend that Members of Congress listen to the be confident that it is making a deci- money in support of or against can- wishes of corporations instead of their sion based on the best information didates. Corporations and unions are constituents. I will not defend the cur- available. In this case, precisely be- prohibited from doing so, except rent system, but I will say: Imagine cause the Supreme Court reached out through their PACs, which themselves how much worse things would be in a to pose a broad constitutional question raise money only from individuals. The system where every decision by a Mem- that had not been raised below, there is Supreme Court may very well be about ber of Congress that contradicts the no record whatsoever to which the to change that forever. wishes of a corporation could unleash a Court can turn. None. The question According to a 2005 IRS estimate, the tsunami of negative advertising in the here demands a complete record be- total net worth of U.S. corporations next election.

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.015 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10628 CONGRESSIONAL RECORD — SENATE October 21, 2009 In light of the immense wealth a cor- ability to enforce antitrust laws many years, United Health Care, a poration can bring to bear on such a against them, and the Supreme Court massive health insurance company, project, I frankly wonder how our de- ruled that the insurance business was owned and operated a computerized mocracy would function under such a subject to antitrust laws just like ev- pricing system that was used by almost system. We are talking about a polit- erybody else. In response, insurance every other health insurer. The New ical system where corporate wealth companies came to Congress, where York attorney general recently found rules in a way that we have simply they launched a massive lobbying cam- that the system was designed to sys- never seen in our history. paign, pressuring Congress to invali- tematically underpay doctors for their So, once again, I certainly want to date the Supreme Court’s decision—not services and that this had been going thank my friend from Arizona for his unlike the current lobbying barrage on for years. United Health paid $400 friendship and his courage. We will they are aiming at killing health care million to settle lawsuits by the State, continue to fight for a campaign fi- reform. That campaign back in 1944 but if the Federal Trade Commission or nance system that allows the American was successful. In March 1945, the the U.S. Department of Justice had people’s voices to be heard. McCarran-Ferguson Act exempted in- tried to bring suit under the Federal Mr. President, I yield the floor and surance companies entirely from the antitrust laws, they would have been suggest the absence of a quorum. reach of America’s antitrust laws. If blocked by McCarran-Ferguson. The PRESIDING OFFICER (Mr. BEN- that exemption ever made sense, it no Finally, ironically, health insurers NET). The clerk will call the roll. longer does, especially when it comes threaten and sue doctors all the time The legislative clerk proceeded to to health insurance coverage. under these same antitrust laws while call the roll. Today, Americans pay ever-higher protecting their own exemption from Mr. WHITEHOUSE. Mr. President, I premiums for less care because a small the laws they seek to impose on the ask unanimous consent that the order group of wealthy, powerful companies providers and the doctors whom they for the quorum call be rescinded. control the health insurance market. torment. The PRESIDING OFFICER. Without Just consider these numbers: A study One might ask how this exemption objection, it is so ordered. by the American Medical Association has survived so long. A certain school HEALTH INSURANCE INDUSTRY ANTITRUST shows that 94 percent of metropolitan of political thought holds that the only ENFORCEMENT ACT areas—virtually every one—has a proper relationship of government to Mr. WHITEHOUSE. Mr. President, I health insurance market that is ‘‘high- the market is hands off, that any gov- come to the floor to speak in strong ly concentrated,’’ as measured by De- ernment involvement in the market- support of the Health Insurance Indus- partment of Justice standards. This place is unnatural and unwelcome. But try Antitrust Enforcement Act, intro- means that if the Department of Jus- with respect to antitrust enforcement, duced by the senior Senator from tice’s Antitrust Division had enforce- we crossed that Rubicon long ago, and ment authority over the health insur- Vermont, the chairman of our Judici- every industry in the country is re- ance industry, it would be carefully ary Committee, Mr. PATRICK LEAHY. I quired to play by rules that support the scrutinizing this market for signs of believe this bill is an important part of market by increasing competition, anticompetitive conduct that hurts health care reform, and I am hopeful it again, except insurance. Experience in consumers. But due to the antitrust ex- can be included in the final reform bill those other areas has shown that the emption, the Department of Justice as it makes its way through this body. government referee on the field of play Our antitrust laws embody the proud cannot do that job. That same study creates a better environment for com- American idea that democracy shapes shows that, in 39 States 2 health insur- petition, and the public wins. ers control at least half of the health capitalism and not vice versa; that vig- Think of the benefits of a competi- insurance market and in 9 States a sin- orous economic competition is not an tive health insurance market. Insurers gle insurer controls at least 70 percent amoral, Hobbesian contest but dis- would have to compete on price, low- ciplined by a strong rule of law tradi- of the market. Back in 1945, the insurance industry ering premiums for individuals and tion; and that ours is not a society in small businesses purchasing insurance, which might makes right and only the argued that it should be exempted from the antitrust laws because the market and work hard to lower those unneces- powerful write the rule book. sary administrative costs. New com- The great Supreme Court jurist and was heavily localized and not con- petitors would be able to enter more antitrust crusader William O. Douglas, centrated. Well, if that were true then, easily and offer better consumer serv- wrote: it is not true now. Overhead for private insurers is an ice, quicker claims processing, stream- Industrial power should be decentralized. lined enrollment—competition that is It should be scattered into many hands so astounding 20 to 27 percent—charges that the fortunes of the people will not be that consumers pay for in higher pre- desperately needed in a market where dependent on the whim or caprice, the polit- miums. A Commonwealth Fund report 36 percent of physician overhead is con- ical prejudices, the emotional stability of a indicates that private insurer adminis- sumed by fighting with the insurance few self-appointed men. . . . That is the phi- trative costs increased 109 percent from industry over inappropriate denial and losophy and the command of the Sherman 2000 to 2006—109 percent in those 6 delay of health insurance claims. [Antitrust] Act. years—and the McKinsey Global Insti- Senator LEAHY’s Health Insurance The passage of the Sherman Anti- tute estimates that Americans spend Industry Antitrust Enforcement Act trust Act and the Clayton Antitrust roughly $150 billion annually on what would repeal the unique and peculiar Act and the creation of the Federal the report calls ‘‘excess administrative exemption for health insurance and Trade Commission and the Antitrust overhead’’ in the private health insur- medical malpractice insurance compa- Division at the Department of Justice ance market. Mr. President, $150 bil- nies. The bill ensures that these com- demonstrated a Federal commitment lion a year in ‘‘excess administrative panies are no longer permitted to en- to a level economic playing field. overhead.’’ Clearly, this is not a com- gage in the most egregious forms of Small businessmen and entrepreneurs, petitive market. If it were, companies antitrust violations—price fixing, bid shouldering the enormous task of would be driven to cut these costs in rigging, and market allocations—while starting and sustaining a new enter- order to compete effectively in the preserving insurers’ ability to share prise, would know that powerful com- marketplace. statistical information with each other petitors could not collude to keep them Without competition and without in a procompetitive manner, with ap- out of the market. Consumers could economic incentive to avoid massive propriate approvals. rest assured that prices were not being administrative costs, health insurance Let me conclude with the words of a fixed artificially high by scheming mo- premiums have increased 120 percent— distinguished Senator, one of the nopolists. Every industry, ever vector more than doubled—in one decade, greatest advocates for the elderly, ill, of American business, was made sub- while insurance industry profits in- and disabled this Chamber has seen, ject to these rules of the road—except creased 428 percent in the same pe- Senator Claude Pepper. Senator Pep- for one: the insurance industry. riod—428 percent. per, at the time, strongly opposed the In 1944, insurance companies chal- Doctors and other health care pro- McCarran-Ferguson antitrust exemp- lenged the Federal Government’s very viders have been hurt as well. For tion for the insurance industry, and he

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.065 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10629 warned of the ‘‘carte blanche authority and influence public policy to meet nancial services companies spending . . . which had been contained in no their ends. The consequences of such a unlimited money to defeat Members of previous legislation . . . [and] which decision by our Supreme Court could Congress who have the nerve to want for the first time gives the States carte be nightmarish. to reform the way things are done on blanche to legitimize the very vices Federal laws restricting corporate Wall Street; defense contractors over- against which the Clayton Act and the spending on campaigns have a long whelming candidates who dare ques- Sherman Act were directed.’’ pedigree. Back in 1907, the Tillman Act tion a weapons program they build. It It appears to me the exemption for restricted corporate spending on polit- would become government of the CEOs, the insurance industry was a mistake ical campaigns. While various loop- by the CEOs, and for the CEOs. then, and it is assuredly unwise now. holes have come and gone over the Nothing in the history of the first Let’s repeal this unfair law and give years, the principle embodied in that amendment requires the protection of health insurance consumers the same law that corporations aren’t free to such activities. To the contrary, Con- benefits of free, open, and fair competi- spend unlimited dollars to influence gress long has been understood to hold tion that all Americans enjoy. political campaigns is a cornerstone of the power to protect the electoral proc- Let me finally add that the state of our American system of government. ess from the corrupting flood of cor- the health insurance market reinforces That principle now appears to be at porate money. This is because, as the the need to which I have spoken, and so risk as the Supreme Court may be Supreme Court long has recognized, a many of my colleagues have spoken be- poised to open the floodgates now hold- corporation holds no inalienable right fore, for an efficient, nonprofit public ing back corporate cash. to participate in an election. Unlike health insurance option. The health in- In September, the Supreme Court the people from whom the sovereign surance industry has been artificially heard oral argument in Citizens United power of the State is drawn, a corpora- sheltered by government for decades, v. The Federal Election Commission. tion is created by and subject to the building huge profit margins, massive Citizens United is an organization that sovereign power of the State. Indeed, market share, and colossal overhead accepts, channels, and funnels cor- as Chief Justice John Marshall ex- and administrative costs. Now these porate funding. It sought to broadcast plained in 1809, only 18 years after rati- fication of the first amendment, a cor- same companies argue vehemently a documentary attacking our former poration is ‘‘a mere creature of the against the public option on the colleague, Senator Clinton, now Sec- law, invisible, intangible, and incorpo- grounds that it would amount to gov- retary of State Clinton, at the time a real and certainly not a citizen.’’ ernment interference—government in- candidate for President, on On Demand In 1906, a century later, the Supreme terference with their government pro- cable broadcasts. Current law prohibits Court explained that: tection from competition. That irony the broadcast of this kind of corporate The corporation is a creature of the state. just doesn’t pass the laugh test. advocacy on the eve of an election. It is presumed to be incorporated for the According to the AMA study I quoted Citizens United filed a lawsuit arguing benefit of the public. It receives certain spe- in the beginning of my remarks, Rhode that the law infringed on its first cial privileges and franchises, and holds Island is the second most concentrated amendment rights. them subject to the laws of the state and the health insurance market in the coun- Many observers expected the Court limitations of its charter. Its powers are lim- try. Just two insurers control 95 per- to rule narrowly on the case, perhaps ited by law. cent of the market. My constituents focusing on whether McCain-Feingold Corporations are created by govern- desperately would like the chance to applies to On Demand broadcasts. In- ment charter. They are legal fictions, choose a public option and would ben- stead, after hearing oral argument, the tools for organizing human behavior. efit from a more competitive health in- Court asked for an additional briefing Neither logic nor history justifies surance market, one in which vigorous and a new round of oral argument, unleashing them from the bonds of gov- competition brings down costs and im- something the Supreme Court does ernment to master and control the proves the quality of care and encour- very rarely, to consider whether the very government that created them— ages health insurers to treat people de- first amendment bans such restrictions new monsters on the political land- cently. on corporate campaign spending. There scape, bending public wealth to their Mr. President, I have concluded the is some indication that the activist peculiar private purposes. How might they do that? Well, let’s remarks on the McCarran-Ferguson ex- conservative wing of the Court believes look at one recent case involving Bank emption. I wish to turn to another it does. We may be on the verge of an- topic, but I see the majority whip on of America. other effort by a Roberts court to ad- All of us remember in September of the Senate floor, and I would be de- vance its ideologically charged view of 2008, Bank of America announced that lighted to yield to him if he wishes to the Constitution. In so doing, the it would buy Merrill Lynch for $50 bil- take a moment. Court would overturn its own long- lion. In August of this year, the Securi- I will continue, then. I thank the dis- standing precedents, opinions such as ties and Exchange Commission filed a tinguished majority whip. Austin v. Michigan State Chamber of civil suit against the Bank of America BIPARTISAN CAMPAIGN REFORM ACT Commerce where Justice Thurgood alleging that it had made a misrepre- Mr. President, I wish now to say a Marshall warned of ‘‘the corrosive and sentation to its shareholders that Mer- few words about the colloquy that took distorting effects of immense aggrega- rill Lynch would not pay bonuses to its place between Senator MCCAIN and tions of wealth that are accumulated executives in 2008 when, in fact, Bank Senator FEINGOLD on the Senate floor a with the help of the corporate form and of America had agreed that Merrill few moments ago over the need to pro- that have little or no correlation to the Lynch could pay up to $5.8 billion in tect our Nation’s political system from public support for the corporation’s po- bonuses to its executives. That is the the influence of corporate money. litical ideas.’’ background. For more than a decade, Senators Should the Court upturn so much Bank of America and the Securities MCCAIN and FEINGOLD have been stal- long-settled law, it would upend our and Exchange Commission submitted a wart defenders of the integrity of our entire political system and we could proposed final consent judgment pro- political system, and they achieved a see a new era of corporate influence posing to resolve that case by giving hard-fought victory in 2002 with the over politics not seen in the history of $33 million of shareholder money to the passage of the Bipartisan Campaign our Republic. Securities and Exchange Commission. Reform Act, which everybody around Imagine for a moment what our po- The U.S. District Court in New York here knows as the McCain-Feingold litical system would look like if the took a look at this proposal and threw law. As they said in their remarks, we Court takes the fateful step of allowing it out. The judge rightfully rejected it face a real danger that an activist Su- corporations to unrestrictedly spend as neither fair nor reasonable nor ade- preme Court will strike down portions money to influence campaigns. Cor- quate. The Court said it well; I can’t of that law, overturn the will of Con- porate polluters under investigation by improve on the Court’s decision: gress and the American people, and the Department of Justice, running un- The parties were proposing that the man- allow corporations to spend freely in limited advertisements for a more agement of Bank of America—having alleg- order to elect and defeat candidates sympathetic Presidential candidate; fi- edly hidden from the bank’s shareholders

VerDate Nov 24 2008 01:36 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.066 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10630 CONGRESSIONAL RECORD — SENATE October 21, 2009 that as much as $5.8 billion of their money, kets. In other words, they can make chines and equipment, and now have shareholder money, would be given as bo- good on their threat 2 weeks ago that depleted their savings and do not know nuses to the executives of Merrill who had they are going to raise health insur- where to turn, and they are frightened. run that company nearly into bankruptcy— Listen to the words a husband and fa- would settle the legal consequences of their ance premiums if we pass health care lying by paying the SEC $33 million more of reform in America. There is nothing we ther from Joliet, IL, has written to me: their shareholders’ money. can do to stop them, short of creating I am one of the millions who has become a competitive model where they might dependent on my unemployment benefits to As the Court noted, this was all done help carry our family from week to week. ‘‘at the expense not only of the share- have an actual competitor in markets such as Rhode Island and Illinois. It is I’ve been employed full time since I was le- holders, but also of the truth.’’ gally old enough to work and have always That is a pretty stark example of known as the public option. Some peo- had a job. corporate management trying to use ple brand it as socialism or some wild I worked at the same company for 8 years shareholder money to serve its own French idea, but what it comes down to before losing my job due to lack of work. ends, even against shareholder inter- is basic competition—something the Confident that I’d find a job right away, I ests. Well, guess whose interests cor- health insurance companies loathe. Be- didn’t sweat it. But I haven’t. Eighteen cause of the antitrust exemption, months later and I’m still unemployed and porate managers would pursue politi- terrified because I’m about to receive my cally if they could open the spigots of McCarran-Ferguson, they have not last unemployment check. shareholder money in elections. been held to the same standards as any I have two young children, a modest house, Longstanding statutes and judicial other business in America. one vehicle and a lot of bills. I’m horrified at precedents that limit corporate in- I believe Senator LEAHY is on the the thought that I won’t be able to pay my volvement in campaigns rests on the right track. It is part of the health bills or put food on our table. We just got hit well-established and long-accepted rec- care reform. I know he is supported by with unforeseen medical bills that the insur- ance company has decided not to cover (ap- ognition that corporations and their Senator HARRY REID, the majority parently vaccinating children falls under the corrupting self-interests must be con- leader, that we should repeal the ‘‘unimportant’’ category), my truck needs trolled. There is no reason now for a McCarran-Ferguson antitrust legisla- tires and brakes, but we can’t afford to pay fundamental rethinking of such a plain tion as it exists today. for either, and my refrigerator is threatening and well-settled principle. The right- I concur with Senator WHITEHOUSE as to die on me. wing of the Supreme Court will be hard well on the notion that the case which My entire world feels like it’s crumbing pressed to justify departing from such is now pending before the U.S. Supreme around me but I was confident that the gov- settled understandings of the first Court could, in my mind, completely ernment, my government, would be there to destroy our political climate and cam- back us up and I’m appalled that this exten- amendment, from the century-long tra- sion is being held up. dition of controlling corporate spend- paigning in America. If we allow cor- Without this extension, things are going to ing, to invent new constitutional porations to be exempt from limita- get much worse. I’m scared. Please don’t let rights for corporations against real tions in their involvement in this polit- us fall through the cracks. human beings. ical process, it is virtually the end of I say to the Senator from Rhode Is- In closing, I stand with my col- campaigns as we have known them. land, I am sure he has received similar leagues, Senator MCCAIN and Senator It is time for us to not only endorse messages from his State, and I am sure FEINGOLD, in readiness to do what it the position that has been expressed by our Republican colleagues have re- takes to protect our system of cam- Senator MCCAIN, Senator FEINGOLD, ceived similar messages. They have paign finance laws from the danger of and Senator WHITEHOUSE, but also step held us up in our attempt to extend un- corporate corruption. I look forward to back and take an honest look at this employment benefits to millions of working with them and my other col- system, which I think is unsustainable people just like the man who wrote to leagues to ensure that our elections re- and intolerable. me from Joliet, IL. main enlivened by a robust debate I have introduced legislation with Here is something I just learned. The among human participants in which Senator SPECTER calling for public fi- Republicans say: We cannot go onto CEOs don’t have favored princely sta- nancing of campaigns. When will we unemployment benefits because we tus because they can direct corporate ever reach the conclusion that this sys- want to offer some amendments. This funds to drown out people’s voices. tem, if it is not corrupt, is corrupting? is a common plank we hear from them, I thank the Presiding Officer, and I In order to take the big money out of that they don’t have enough of a yield the floor. politics, whether from corporations or chance to offer amendments. I have not The PRESIDING OFFICER. The ma- from individuals, we need to move to a seen the amendments, but they were jority whip is recognized. model that has been embraced by described to me. I think the Senator Mr. DURBIN. Mr. President, let me States that are more progressive in from Rhode Island may be surprised to say at the outset the Senator from their outlooks. The States of Maine learn that two of the amendments they Rhode Island has addressed two issues and Arizona have moved in this direc- want to offer—the reason they are that are timely and important. I cer- tion. We should as well. holding up unemployment benefits is tainly concur with him and cosponsor I support public financing, and I hope because they want to take another the legislation offered by the chairman our Rules Committee can consider a whack at ACORN. Think about that. of the Senate Judiciary Committee, hearing on this important measure The Republican Senate leadership has Senator PATRICK LEAHY, which would soon. reached the point where they would repeal the McCarran-Ferguson Act as UNEMPLOYMENT INSURANCE BENEFITS consider amendments on the organiza- it relates to health insurance compa- Yesterday, I came to the Senate floor tion of ACORN as an alternative or at nies and medical malpractice insurers. to talk about a Republican hold on our least holding up even the most basic The McCarran-Ferguson Act, since the efforts to extend unemployment insur- unemployment benefits for unem- 1940s, if I am not mistaken, has ex- ance benefits to millions of Americans. ployed workers across America. empted the insurance industry from These are people who have worked hard ACORN is a controversial organiza- antitrust regulation, which literally their entire adult lives and are strug- tion. I know that as well as anyone. I means those insurance companies, ex- gling now to make ends meet. Some of said the people who were disclosed on a empt from the supervision of the Jus- them earned six-figure salaries and video several weeks ago should be held tice Department, can engage in con- others more modest incomes, and now accountable. I know they have been duct absolutely illegal and unaccept- they are struggling to put food on the fired. And if they have broken laws, able by any other corporation in Amer- table. Some had high-ranking bank they should be prosecuted, period. I ica, save one. Organized baseball is jobs, others more mundane and routine called for an investigation of ACORN’s given the same basic exemption for jobs. But they are all in trouble, and involvement with the Federal Govern- reasons that are lost in the pages of they are counting on us to let them ment to find out if there has been history. But I will say that under the have the money they put into a fund wrongdoing and misuse of Federal current McCarran-Ferguson law, the for their unemployment. funds. We have gone even further on health insurance companies have the These people worked for years on fac- the floor of the Senate to actually bar- power to fix prices, to allocate mar- tory floors, building expertise in ma- ring ACORN from doing business with

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.067 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10631 the Federal Government. But that is Americans will lose benefits by the end law, which was passed over 40 years ago not enough on the Republican side of of the year if we do not pass the Demo- in 1968 after the assassination of Dr. the aisle. In order to feed the mouths cratic extension of unemployment ben- Martin Luther King Jr., only carries of the rightwing cable shows, they keep efits; 1.3 million Americans will suffer six narrow categories of conduct. The pushing ACORN down our throats at needless poverty and deprivation for hate crime has to take place, for exam- the expense of unemployment benefits their families because of this obstruc- ple, while using a public accommoda- for millions of Americans. tionism. These are working-class fami- tion. The hate crimes bill now being When you look at this, this is such a lies. These are families we value in this considered would expand coverage so vacuous, frivolous, embarrassing out- country. These are families who de- that hate crimes could be prosecuted come that we would say to people like serve a fighting chance. wherever they take place. Federal pros- the man who has just written to me: I say to my Republican colleagues ecutors would no longer be limited to Sorry, we cannot give you the peace of who have stopped the Democrats from these six narrow categories. mind you get with an unemployment extending unemployment insurance Second, the bill would expand the check; we have to take another whack benefits: What are you waiting for? categories of people covered under the at ACORN and we have to hold up the Don’t you receive the same e-mails, Federal hate crimes law. The current bill for weeks until we satisfy a few mail, and phone calls we receive? You law provides no coverage for hate Senators who cannot get enough of this have unemployed people in your State. crimes based on the victim’s sexual ori- exercise. I don’t think it is responsible. Clearly, they need help. entation, gender, gender identity, or I sure don’t think it is fair. And I can Mr. President, 50,000 families in Illi- disability. Unfortunately, statistics tell you that the people who are suf- nois will lose their unemployment in- tell us that hate crimes based on sex- fering because they lost their jobs and surance, while they look for work, by ual orientation are the third most com- are feeling the pain and frustration are the end of the year if the Senate does mon after those based on race and reli- not going to be satisfied to know a few not act. Some seem to be worried about gion. About 15 percent—one out of six Republican Senators want to offer an- how to pay for this extension, but we or seven—of all hate crimes is based on other amendment on ACORN. have paid into this for years. Workers sexual orientation. We cannot ignore Listen to the frustration and pain of put in a little bit of money out of their this reality. a veteran from Cicero, IL. He writes: paychecks, and employers as well. It Let me address one or two arguments My age is 61. I have been unemployed since goes right into a fund to cover unem- made against this bill. March 2008. I am actively looking for work. ployment. So it is not as if the money Many have written to me and said It has been more than 6 months since I’ve is not there; it is just the political will they believe this bill would be an in- even had an interview. is lacking. Unfortunately, there are fringement on religious speech. Their When I’ve had interviews, I feel that once other things that are more important the interviewer sees my gray hair, I am concern is that a minister in a reli- eliminated from competition, saying I’m to some people on the other side of the gious setting could be prosecuted if he over qualified. aisle. sermonizes against homosexuality and I’m realistic, and willing to take a cut in I say to my colleagues in the Senate, then a member of his congregation as- pay to [get a job]. it is time for us—in fact, it is over time saults someone on the basis of their What I’m writing about is the extension of for us—to pass extension of unemploy- sexual orientation. I certainly under- unemployment benefits. I’ve received notices ment benefits. stand this, but their concern is mis- from the State of Illinois my extended bene- HATE CRIMES LEGISLATION fits and emergency benefits from the State placed. of Illinois have expired. Mr. President, the Defense authoriza- The chair of the Senate Judiciary I understand that the House [of Represent- tion bill includes hate crimes language Committee, Senator LEAHY, held a atives in Washington] has voted to extend which for several years has been passed hearing a few months ago with Attor- benefits by an overwhelming majority. But by both the House and the Senate only ney General Eric Holder. I attended the the extension is being held up in the Senate. to see it blocked by filibuster threats hearing, and I asked the Attorney Gen- Sir, I am facing losing my home and all my or by the threat of a veto. What a dif- eral of the United States pointblank possessions that I can’t pack in my car. ference a year has made. When Con- I must urge you once again to look posi- whether a religious leader could be tively and in a timely manner to a vote in gress took up the hate crimes bill last prosecuted under the facts I just de- the Senate. Now, I must also ask you to con- Congress, President George W. Bush scribed. This is what the Attorney Gen- sider extending relief to those who no longer called it ‘‘unnecessary and constitu- eral said in response to the hypo- have benefits. tionally questionable.’’ He said he thetical question I raised: I have now applied for State welfare bene- would veto it. This bill seeks to protect people from con- fits. I am now waiting for my scheduled The American people said last No- duct that is motivated by bias. It has noth- interview to have my application reviewed. vember that they wanted a new Presi- ing to do with regard to speech. The minister All of these people have been helped dent and a change. They wanted our who says negative things about homosex- by unemployment insurance. All of country to move in a different direc- uality, about gay people, this is a person I them are at risk of losing that lifeline. tion. President Obama is doing that. In would not agree with, but is not somebody Since I spoke on the floor yesterday this case, he is supporting the hate who would be under the ambit of this stat- about the Republican obstructionism crimes legislation. ute. stopping us from bringing up unem- This bill has another important This clear representation from the ployment benefits, 7,000 people have champion who sadly is no longer with Nation’s top law enforcement officer lost their unemployment insurance, us. Senator Ted Kennedy of Massachu- puts to rest, in my mind and the mind 7,000 more will lose it today and 7,000 setts was our leader on this issue for of any reasonable person listening to more tomorrow. Why? So that several over a decade. I only wish he were here it, any misunderstanding people might Senators can have another amendment to vote and join us on the passage of have about how this law would work. attacking ACORN. Does that make any this important legislation. Nobody It is also important to note that the sense? Is that fair or just? These Sen- spoke to this issue with more author- hate crimes bill requires bodily injury ators ought to go home to their States ity and clarity than Senator Ted Ken- before prosecution. Words are not and tell the people who are out of work nedy. He was the heart and soul of the enough. It does not apply to speech or and not receiving unemployment: Senate, and passing this bill will honor harassment. It does not apply to those Sorry, we can’t help you yet because the great work he gave in his public ca- who would carry signs with messages we have a few more political items to reer to the cause of civil rights. which exhibit their religious belief. At- work on, an agenda. I generally believe Congress should torney General Holder assured the Sen- Republicans in this body, unfortu- be careful in federalizing crime, but in ate that unless there is bodily injury nately—some of them—are too con- the case of hate crimes, there is a dem- involved, no hate crimes prosecution cerned about the political agenda and onstrated problem and a carefully could be brought. I don’t know how he not concerned enough about the human crafted solution. could have been clearer and more de- agenda of hard-working Americans out There are two parts to this problem. finitive. People who listen to his state- of work. Mr. President, 1.3 million First, the existing Federal hate crimes ment in good faith will understand it.

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.068 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10632 CONGRESSIONAL RECORD — SENATE October 21, 2009 I also note that 24 States, nearly half It has been over 10 years since Matthew and Bible band as well as Bible study. the States in our Nation, have hate Shepard was left to die on a fence in Wyo- The House of Holiness may best be de- crime laws on the books that include ming because of who he was. It has also been scribed by a verse of Scripture which sexual orientation, and religious lead- 10 years since this bill was initially consid- attests ‘‘Holiness becometh thine ered by Congress. In those 10 years, we have ers are not being prosecuted in those gained the political and public support that house o Lord for ever.’’ It is clear that States. is needed to make this bill into law. Today, Reverend Sanders and his wife are holy That is not the purpose of the hate we have a President who is prepared to sign people who try to live as lights for God crimes law. Prosecutors aren’t looking hate crimes legislation into law, and a Jus- in our world. to put ministers in jail for their reli- tice Department that is willing to enforce it. President Obama once said ‘‘Focus- gious beliefs. To the contrary, the hate We must not delay the passage of this bill. ing your life solely on making a buck crimes bill will actually help religious Now is the time to stand up against hate-mo- shows a certain poverty of ambition. It communities. Understand, 20 percent of tivated violence and recognize the shameful asks too little of yourself. Because it’s damage it has done to our Nation. all hate crimes that are committed in only when you hitch your wagon to the United States are committed on We will honor the memory and leg- something larger than yourself that the basis of religion. This bill would acy of Senator Edward Kennedy by you realize your true potential.’’ This eliminate the narrow requirements passing this Defense authorization con- ideal is exemplified by Reverend Sand- that currently prevent Federal pros- ference report, which includes the hate ers and Emma, as together they serve ecutors from bringing certain hate crimes law language. We need to send others and help make Nevada a better crimes cases motivated by religious this to President Obama, who has place. Whether it be through their vol- bias. promised he will sign it into law. I urge unteer efforts with the Salvation Army Another criticism of the legislation my colleagues to join me in support of or by way of their many other selfless is there is no need to pass a Federal this important legislation. endeavors, the Sanders help to better hate crimes law because some States I yield the floor and suggest the ab- their community. are already doing it on their own. This sence of a quorum. The Sanders and the House of Holi- argument is similar to one we faced be- The PRESIDING OFFICER. The ness Church have a bright future on fore. Almost a century ago, when Con- clerk will call the roll. their horizon. I congratulate the Sand- gress debated an antilynching law be- The legislative clerk proceeded to ers on 57 years of loving marriage and tween 1881 and 1964, almost 5,000 people call the roll. 40 years of saintly service to the Las were lynched in the United States. The Mr. DURBIN. Mr. President, I ask Vegas community. victims were mostly—but not exclu- unanimous consent that the order for f sively—African American. Yet Con- the quorum call be rescinded. HONORING OUR ARMED FORCES gress resisted addressing this problem The PRESIDING OFFICER. Without for generations. Criminal law is pri- objection, it is so ordered. CAPTAIN BENJAMIN A. SKLAVER marily a State and local function. I un- f Mr. LIEBERMAN. Mr. President, I wish pay tribute to CPT Benjamin A. derstand that. An estimated 95 percent MORNING BUSINESS of prosecutions for crimes occur at Sklaver, U.S. Army, of Hamden, CT, that level. But in some areas of crimi- Mr. DURBIN. Mr. President, I ask who died of injuries sustained when an nal law, the Federal Government can unanimous consent that the Senate improvised explosive device detonated and should step in to help. proceed to a period of morning busi- near his dismounted patrol in Murcheh, We have 4,000 Federal criminal laws, ness, with Senators permitted to speak Afghanistan, on October 2, 2009. 600 of which have been passed in the for up to 10 minutes each. Captain Sklaver was assigned to last 10 years. Hate crimes are a sad and The PRESIDING OFFICER. Without Headquarters Company, 422nd Civil Af- tragic reality in America. The killing objection, it is so ordered. fairs Battalion, U.S. Army Reserve, of this past summer of an African-Amer- f Greensboro, NC. Ben Sklaver was a remarkable young ican security guard at the Holocaust TRIBUTE TO REV. AND MRS. man. He lived not only as a true pa- Museum here in Washington, DC, was a MELVIN SANDERS reminder that hate-motivated violence triot and defender of our Nation’s prin- still plagues our Nation. Mr. REID. Mr. President, I rise today ciples of freedom and justice but as a Earlier this year, in my home State to honor Rev. Melvin Sanders and his compassionate ambassador of good will of Illinois, two White men in the town wife Emma Sanders for 40 years of and humanitarian assistance to thou- of Joliet used a garbage can to beat a service to the Las Vegas community. sands in need. 43-year-old Black man outside a gas Mr. SANDERS and his wife moved to Las Though he was called ‘‘Captain’’ by station, while yelling racial epithets Vegas, NV, from Arizona in 1954. Mr. those soldiers around him, he was and stating: ‘‘This is for Obama.’’ The and Mrs. Sanders entered the business known as ‘‘Moses Ben’’ to thousands of victim sustained serious injuries, lac- field successfully and have remained Ugandans who now have clean water erations, and bruises to his head. involved for over 40 years. thanks to Ben’s efforts. After serving Just 2 weeks ago, in Springfield, in Reverend Sanders and Emma Sanders in Africa and being struck by the num- my hometown, three University of Illi- are known all over Las Vegas for their ber of deaths and illnesses resulting nois students were arrested for vi- generosity and warmth toward their from dirty drinking water, he returned ciously beating and punching two men neighbors. He and his wife assisted home and founded ClearWater Initia- while yelling antigay slurs at them. multiple families in financial need and tive. In the short time since its incep- These are incidents in my home have also provided ministerial and tion, with the aid of his parents Laura State, a State I am proud to represent, spiritual outreach to the people of the and Gary, ClearWater Initiative con- but I am not proud of this criminal Las Vegas Valley. The Sanders are structed wells for more than 6,500 peo- conduct, and I don’t think America known as Mom and Dad to literally ple, primarily in northern Uganda. should be proud of it. hundreds of Nevadans. Reverend Sand- Captain Sklaver served as a mes- According to FBI data, based on vol- ers and his beloved wife have been mar- senger of high justice and idealism in untary reporting, there are 8,000 hate ried for 57 years and are the proud par- the best tradition of American prin- crimes annually in America. Some ex- ents of six children, one of whom trag- ciples and patriotism. Our Nation ex- perts think the number is closer to ically preceded them in death. The tends its heartfelt condolences to his 50,000. The hate crimes bill would not Sanders’ church has been in existence mother and father, Laura and Gary eliminate hate crimes, but it will help for 40 years. Sklaver, his brother Samuel, sister ensure these crimes do not go The House of Holiness Church has Anna, and fiance Beth, whom I have unpunished. been open to its congregation for 40 known since she was a baby because In closing, I wish to quote the words years, and may best be described as a she is the daughter of my dear friends of Senator Kennedy when he intro- vibrant and joyful place of worship. Jim and Barbara Segaloff. duced the hate crimes bill in April. The church has Sunday school, after- To Ben’s family and the people he This is what he said: noon service, evening service, prayer touched during his life, we extend our

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.069 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10633 deepest appreciation for sharing this other chapter of it. Without a clear and American Baptist church in Lansing, outstanding soldier and humanitarian viable plan for civilian protection, con- established by a small group of wor- with us. Ben was a true national hero, tinuing military operations and de- shippers meeting in a living room. In and his many contributions made sig- ployments will likely lead to further 2001, the congregation built a Family nificant and lasting impacts through- reprisal attacks by armed groups and Life Center, which ministers to the out the world. You may be justifiably greater displacement. At the same community with classrooms, a com- proud of his contributions which ex- time, without real progress to demili- puter lab, a chapel, a prayer garden, tend above and beyond the call of duty. tarize the economy and reform the and a commercial kitchen. The con- f Congolese military, any security gains gregation today consists of over 700 are likely to be short-lived. members. REPUBLIC OF CONGO I was very pleased that Secretary The church has been blessed by excel- Mr. FEINGOLD. Mr. President, I am Clinton chose to travel to eastern lent leadership over the years. The deeply concerned by the deteriorating Congo during her trip to Africa in Au- first pastor was Rev. H.C. Randolph, humanitarian situation in the eastern gust and pledged $17 million in new who was succeeded by many other dis- and northeastern regions of the Demo- funds to address the sexual violence tinguished pastors over the years, in- cratic Republic of Congo. In the east, there. I also know the State Depart- cluding Rev. G.W. Carr, Rev. J.G. the FDLR rebels have deliberately and ment has been exploring ways to build Bruce, Rev. S.L. Johnson, Rev. Norris brutally targeted civilians in response on her historic visit. And last week, Jackson, Rev. Joel L. King (uncle of to a new military offensive, while the the United States hosted meetings Dr. Martin Luther King), Rev. Charles Congolese military—an undisciplined with our European and U.N. partners J. Patterson, and the current pastor, a force now including several former mi- under the auspices of the Great Lakes wonderful leader and a dear friend, litias—has also targeted civilians with Contact Group to discuss our collective Rev. Melvin T. Jones. killings, rapes, and looting amidst on- efforts going forward. This is all well Throughout its great history, Union going operations. Last week, a coali- and good. I hope the international com- Missionary Baptist Church has en- tion of 84 humanitarian agencies re- munity will take immediate steps to riched the lives of thousands of people leased a report stating that more than bolster civilian protection and humani- who have come through its doors to 1,000 civilians have been killed and tarian access in both the east and worship. It has been my privilege to nearly 900,000 displaced in eastern northeast. But as we go forward, we work with Reverend Jones over the years. He and his church truly reflect Congo since January. In addition, the also need to finally get serious about what Paul urged of the Galatians: United Nations reports that there have pressing regional governments to ad- ‘‘Whenever we have an opportunity, let been over 5,000 cases of rape in South dress the underlying causes of the con- us work for the good of all.’’ I con- Kivu Province in the first 6 months of flict: the continued plunder and milita- gratulate Reverend Jones and the con- this year alone, and that number is in- rized trade of eastern Congo’s rich min- gregation, and I look forward to par- creasing. With the offensive continuing eral base, the region’s porous and un- ticipating in the church’s centennial and the onset of the dry season, the regulated borders, outside support of celebrations.∑ level of violence is likely to increase in armed groups, and the lack of account- the months ahead. ability and discipline in the Congolese f Meanwhile, Doctors without Borders army. MESSAGES FROM THE HOUSE reported last week that hundreds of Addressing these issues will not be thousands of people in northeastern At 12:37 p.m., a message from the easy. But continuing to rely on half- House of Representatives, delivered by Congo are fleeing from renewed at- measures and focusing on the symp- tacks by the Lord’s Resistance Army. Ms. Niland, one of its reading clerks, toms offer little hope of ending Congo’s announced that the House has passed For two decades, the LRA operated in crises. It is time for a comprehensive the following bills, in which it requests northern Uganda and southern Sudan, and concerted international effort to- the concurrence of the Senate: but they have shifted their base of op- ward the Congo and the Great Lakes erations in recent years into north- H.R. 3319. An act to designate the facility Region of Africa, and I am confident of the United States Postal Service located eastern Congo. This year, facing re- that there is no better administration at 440 South Gulling Street in Portola, Cali- newed pressure from a cross-border in recent history to lead such an effort. fornia, as the ‘‘Army Specialist Jeremiah Ugandan military offensive, the LRA President Obama has already dem- Paul McCleery Post Office Building’’. have scaled up their attacks on civil- onstrated his commitment to and un- H.R. 3763. An act to amend the Fair Credit Reporting Act to provide for an exclusion ians, killing an estimated 1,200 Congo- derstanding of this issue with his work lese and abducting 1,500 in the first 6 from Red Flag Guidelines for certain busi- on the DRC Relief, Security and De- nesses. months alone. Ongoing Ugandan mili- mocracy Promotion Act of 2006. Sec- H.R. 3819. An act to extend the commercial tary operations have reportedly had retary Clinton was reportedly the most space transportation liability regime. some success, but the LRA leader Jo- senior U.S. Government official to ever At 1:58 p.m., a message from the seph Kony continues to evade capture visit eastern Congo. And finally, House of Representatives, delivered by and his forces exploit the region’s po- Johnnie Carson is perhaps the most ex- Ms. Niland, one of its reading clerks, rous borders. The Congolese military perienced Assistant Secretary for Afri- announced that the House has passed has deployed new forces to the north- can Affairs that we have ever had. To- the following bill, without amendment: east, but their inability to protect ci- gether, we have an opportunity to re- vilians from the LRA and their own verse the trends and address Congo’s S. 1818. An act to amend the Morris K. abuses against civilians have only Udall Scholarship and Excellence in Na- crises—both in the east and with the tional Environmental and Native American made things worse. LRA—and I hope we will seize it. For Over the last decade, the people of Public Policy Act of 1992 to honor the legacy Africa, few achievements could be of Stewart L. Udall, and for other purposes. eastern Congo have already lived more important for the sake of re- through violent conflict and humani- gional stability and saving lives. At 3:52 p.m., a message from the tarian crisis. According to the best es- f House of Representatives, delivered by timates, more than 5.4 million people Mrs. Cole, one of its reading clerks, an- have been killed, making this the sin- ADDITIONAL STATEMENTS nounced that the House has passed the gle deadliest conflict since the Second following bill, without amendment: World War. Millions have been dis- 100TH ANNIVERSARY OF UNION S. 1793. An act to amend title XXVI of the placed from their homes, forced to live Public Health Service Act to revise and ex- in squalid conditions. Women and girls MISSIONARY BAPTIST CHURCH tend the program for providing life-saving and even some men and boys in the ∑ Ms. STABENOW. Mr. President, it is care for those with HIV/AIDS. Congo have endured horrific levels of my great pleasure today to congratu- The message also announced that the sexual violence. Yet, rather than com- late the Union Missionary Baptist House has agreed to the following con- ing to an end of this nightmare, I am Church on its 100th anniversary. This current resolution, without amend- worried that Congo is now entering an- wonderful church was the first African- ment:

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.005 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10634 CONGRESSIONAL RECORD — SENATE October 21, 2009 S. Con. Res. 43. Concurrent resolution au- rine Corps, and his advancement to the grade report of a rule entitled ‘‘Medicare Program; thorizing the use of the rotunda of the Cap- of lieutenant general on the retired list; to Part A Premium for Calendar Year 2010 for itol for the presentation of the Congressional the Committee on Armed Services. the Uninsured Aged and for Certain Disabled Gold Medal to former Senator Edward EC–3427. A communication from the Sec- Individuals Who Have Exhausted Other Enti- Brooke. retary of Defense, transmitting a report on tlement’’ (RIN0938–AP43) received in the Of- ENROLLED BILLS SIGNED the approved retirement of Lieutenant Gen- fice of the President of the Senate on Octo- eral Terry L. Gabreski, United States Air ber 19, 2009; to the Committee on Finance. At 4:09 p.m., a message from the Force, and his advancement to the grade of EC–3436. A communication from the Office House of Representatives, delivered by lieutenant general on the retired list; to the Manager, Centers for Medicare and Medicaid Mrs. Cole, one of its reading clerks, an- Committee on Armed Services. Services, Department of Health and Human nounced that the Speaker has signed EC–3428. A communication from the Sec- Services, transmitting, pursuant to law, the the following enrolled bills: retary of the Treasury, transmitting, pursu- report of a rule entitled ‘‘Medicare Program; S. 1818. An act to amend the Morris K. ant to law, a six-month periodic report on Inpatient Hospital Deductible and Hospital Udall Scholarship and Excellence in Na- the national emergency with respect to and Extended Care Services Coinsurance tional Environmental and Native American Sudan that was declared in Executive Order Amounts for Calendar Year 2010’’ (RIN0938– Public Policy Act of 1992 to honor the legacy 13067 of November 3, 1997; to the Committee AP42) received in the Office of the President of Stewart L. Udall, and for other purposes. on Banking, Housing, and Urban Affairs. of the Senate on October 19, 2009; to the Com- EC–3429. A communication from the Assist- H.R. 621. An act to require the Secretary of mittee on Finance. ant General Counsel for Legislation and Reg- the Treasury to mint coins in commemora- f ulatory Law, Office of Energy Efficiency and tion of the centennial of the establishment Renewable Energy, Department of Energy, REPORTS OF COMMITTEES of the Girl Scouts of the United States of transmitting, pursuant to law, the report of America. The following reports of committees a rule entitled ‘‘Production Incentives for H.R. 2892. An act making appropriations Cellulosic Biofuels; Reverse Auction Proce- were submitted: for the Department of Homeland Security for dures and Standards’’ (RIN1904–AB73) re- By Mr. ROCKEFELLER, from the Com- the fiscal year ending September 30, 2010, and ceived in the Office of the President of the mittee on Commerce, Science, and Transpor- for other purposes. Senate on October 19, 2009; to the Committee tation, with an amendment in the nature of f on Energy and Natural Resources. a substitute: S. 668. A bill to reauthorize the Northwest MEASURES REFERRED EC–3430. A communication from the Assist- ant Secretary for Fish and Wildlife and Straits Marine Conservation Initiative Act The following bills were read the first Parks, National Park Service, Department of to promote the protection of the resources of and the second times by unanimous the Interior, transmitting, pursuant to law, the Northwest Straits, and for other pur- consent, and referred as indicated: the report of a rule entitled ‘‘Migratory Bird poses (Rept. No. 111—90). Hunting; Approval of Tungsten—Iron— H.R. 3319. An act to designate the facility f Fluoropolymer Shot Alloys as Nontoxic for of the United States Postal Service located Hunting Waterfowl and Coots; Availability EXECUTIVE REPORTS OF at 440 South Gulling Street in Portola, Cali- of Final Environmental Assessment’’ COMMITTEES fornia, as the ‘‘Army Specialist Jeremiah (RIN1018–AW46) received in the Office of the Paul McCleery Post Office Building’’; to the The following executive reports of President of the Senate on October 20, 2008; Committee on Homeland Security and Gov- nominations were submitted: to the Committee on Environment and Pub- ernmental Affairs. lic Works. By Mr. HARKIN for the Committee on H.R. 3763. An act to amend the Fair Credit EC–3431. A communication from the Chief Health, Education, Labor, and Pensions. Reporting Act to provide for an exclusion of the Border Security Regulations Branch, * Craig Becker, of Illinois, to be a Member from Red Flag Guidelines for certain busi- Customs and Border Protection, Department of the National Labor Relations Board for nesses; to the Committee on Banking, Hous- of Homeland Security, transmitting, pursu- the term of five years expiring December 16, ing, and Urban Affairs. ant to law, the report of a rule entitled ‘‘For- 2009. H.R. 3819. An act to extend the commercial * Craig Becker, of Illinois, to be a Member eign Repairs to American Vessels’’ ((CPB space transportation liability regime; to the of the National Labor Relations Board for Dec. 09–40)(RIN1505–AB71)) received in the Of- Committee on Commerce, Science, and the term of five years expiring December 16, fice of the President of the Senate on Octo- Transportation. 2014. ber 19, 2009; to the Committee on Finance. f EC–3432. A communication from the Chief *Brian Hayes, of Massachusetts, to be a Member of the National Labor Relations EXECUTIVE AND OTHER of the Border Security Regulations Branch, Customs and Border Protection, Department Board for the term of five years expiring De- COMMUNICATIONS of Homeland Security, transmitting, pursu- cember 16, 2012. * Mark Gaston Pearce, of New York, to be ant to law, the report of a rule entitled The following communications were a Member of the National Labor Relations ‘‘Technical Amendments to List of User Fee laid before the Senate, together with Board for the term of five years expiring Au- Airports: Removal of User Fee Status for accompanying papers, reports, and doc- gust 27, 2013. Roswell Industrial Air Center, Roswell, New uments, and were referred as indicated: * Rolena Klahn Adorno, of Connecticut, to Mexico and March Inland Port Airport, Riv- be a Member of the National Council on the EC–3423. A communication from the Chief erside, California and Name Change for Cap- Humanities for a term expiring January 26, of the Planning and Regulatory Affairs ital City Airport, Lansing, Michigan’’ (CPB 2014. Branch, Supplemental Foods Programs Divi- Dec. 09–39) received in the Office of the Presi- * Marvin Krislov, of Ohio, to be a Member sion, Department of Agriculture, transmit- dent of the Senate on October 19, 2009; to the of the National Council on the Humanities ting, pursuant to law, the report of a rule en- Committee on Finance. for a term expiring January 26, 2014. titled ‘‘Special Supplemental Nutrition Pro- EC–3433. A communication from the Regu- * Robert James Grey, Jr., of Virginia, to be gram for Women, Infants and Children (WIC): lations Officer, Office of Legislative and Reg- a Member of the Board of Directors of the Vendor Cost Containment’’ (RIN0584–AD71) ulatory Affairs, Social Security Administra- Legal Services Corporation for a term expir- received in the Office of the President of the tion, transmitting, pursuant to law, the re- Senate on October 19, 2009; to the Committee ing July 13, 2011. port of a rule entitled ‘‘Revised Medical Cri- * John Gerson Levi, of Illinois, to be a on Agriculture, Nutrition, and Forestry. teria for Evaluating Malignant Neoplastic EC–3424. A communication from the Dep- Member of the Board of Directors of the Diseases’’ (RIN0960–AG57) received in the Of- Legal Services Corporation for a term expir- uty Secretary of Defense, transmitting the fice of the President of the Senate on Octo- report of an officer authorized to wear the ing July 13, 2011. ber 16, 2009; to the Committee on Finance. * Martha L. Minow, of Illinois, to be a insignia of the grade of rear admiral in ac- EC–3434. A communication from the Office Member of the Board of Directors of the cordance with title 10, United States Code, Manager, Centers for Medicare and Medicaid Legal Services Corporation for a term expir- section 777; to the Committee on Armed Services, Department of Health and Human ing July 13 , 2011. Services. Services, transmitting, pursuant to law, the * Julie A. Reiskin, of Colorado, to be a EC–3425. A communication from the Sec- report of a rule entitled ‘‘Medicare Program; Member of the Board of Directors of the retary of Defense, transmitting a report on Medicare Part B Monthly Actuarial Rates, Legal Services Corporation for a term expir- the approved retirement of Lieutenant Gen- Premium Rate, and Annual Deductible Be- ing July 13, 2010. eral Robert Wilson, United States Army, and ginning January 1, 2010’’ (RIN0938–AP48) re- * Gloria Valencia-Weber, of New Mexico, to his advancement to the grade of lieutenant ceived in the Office of the President of the be a Member of the Board of Directors of the general on the retired list; to the Committee Senate on October 19, 2009; to the Committee Legal Services Corporation for a term expir- on Armed Services. on Finance. ing July 13, 2011. EC–3426. A communication from the Sec- EC–3435. A communication from the Office retary of Defense, transmitting a report on Manager, Centers for Medicare and Medicaid * Nomination was reported with rec- the approved retirement of Lieutenant Gen- Services, Department of Health and Human ommendation that it be confirmed sub- eral Ronald S. Coleman, United States Ma- Services, transmitting, pursuant to law, the ject to the nominee’s commitment to

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.022 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10635 respond to requests to appear and tes- By Mr. KERRY: the United States reflects appropriate under- tify before any duly constituted com- S. 1831. A bill to amend the Small Business standing and sensitivity concerning issues mittee of the Senate. Investment Act of 1958 to reauthorize the related to human rights, ethnic cleansing, venture capital program, and for other pur- and genocide documented in the United f poses; to the Committee on Small Business States record relating to the Armenian INTRODUCTION OF BILLS AND and Entrepreneurship. Genocide, and for other purposes; to the JOINT RESOLUTIONS By Ms. LANDRIEU (for herself, Mr. Committee on Foreign Relations. KERRY, Mrs. SHAHEEN, Mr. CASEY, By Ms. KLOBUCHAR (for herself, Mr. The following bills and joint resolu- Mr. CARDIN, and Mr. HARKIN): LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. tions were introduced, read the first S. 1832. A bill to increase loan limits for GILLIBRAND, Mr. CRAPO, Ms. COLLINS, and second times by unanimous con- small business concerns, provide for low in- Mr. SPECTER, Ms. LANDRIEU, Ms. sent, and referred as indicated: terest refinancing for small business con- STABENOW, Mr. KAUFMAN, Mr. DUR- cerns, and for other purposes; to the Com- BIN, Mr. BROWN, and Mr. BURRIS): By Mrs. HAGAN: S. 1819. A bill to require the Secretary of mittee on Small Business and Entrepreneur- S. Res. 317. A resolution supporting the the Treasury to mint coins in commemora- ship. goals and ideals of National Domestic Vio- tion of the opening of the International Civil By Mr. UDALL of Colorado: lence Awareness Month and expressing the Rights Center and Museum; to the Com- S. 1833. A bill to amend the Credit Card Ac- sense of the Senate that Congress should mittee on Banking, Housing, and Urban Af- countability Responsibility and Disclosure continue to raise awareness of domestic vio- fairs . Act of 2009 to establish an earlier effective lence in the United States and its dev- By Mr. DURBIN: date for various consumer protections, and astating effects on families and commu- S. 1820. A bill to amend the Federal Water for other purposes; to the Committee on nities, and support programs designed to end Pollution Control Act to establish national Banking, Housing, and Urban Affairs. domestic violence; to the Committee on the standards for discharges from cruise vessels; By Mr. AKAKA (for himself, Ms. COL- Judiciary. to the Committee on Commerce, Science, LINS, Mr. LEVIN, Mr. LAUTENBERG, By Mr. DODD (for himself, Mr. ENSIGN, and Transportation. and Mr. MENENDEZ): Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, S. 1834. A bill to amend the Animal Welfare Mrs. BOXER, Mr. CARPER, Mr. CASEY, By Mr. KOHL (for himself, Ms. MIKUL- Act to ensure that all dogs and cats used by Mrs. GILLIBRAND, Mr. INOUYE, Mr. SKI, Mr. LEMIEUX, and Mr. LEAHY): S. 1821. A bill to protect seniors in the research facilities are obtained legally; to LAUTENBERG, Mr. LEVIN, Mrs. LIN- United States from elder abuse by estab- the Committee on Agriculture, Nutrition, COLN, Mrs. MURRAY, Mr. NELSON of lishing specialized elder abuse prosecution and Forestry. Nebraska, Mr. SANDERS, Ms. STABENOW, Mr. WHITEHOUSE, and Mr. and research programs and activities to aid f victims of elder abuse, to provide training to SPECTER): prosecutors and other law enforcement re- SUBMISSION OF CONCURRENT AND S. Res. 318. A resolution supporting lated to elder abuse prevention and protec- SENATE RESOLUTIONS ‘‘Lights On Afterschool’’, a national celebra- tion, to establish programs that provide for tion of afterschool programs; considered and The following concurrent resolutions agreed to. emergency crisis response teams to combat and Senate resolutions were read, and elder abuse, and for other purposes; to the By Mr. JOHANNS (for himself, Mrs. Committee on the Judiciary. referred (or acted upon), as indicated: LINCOLN, Mr. CHAMBLISS, Mr. LUGAR, By Mr. MERKLEY (for himself and By Mr. ENZI (for himself, Mr. Mr. ROBERTS, Ms. STABENOW, Mr. ISAKSON, Mr. NELSON of Nebraska, Mrs. BOXER): BARRASSO, Mr. REID, Mr. MCCONNELL, S. 1822. A bill to amend the Emergency Mr. AKAKA, Mr. ALEXANDER, Mr. BAU- Mrs. MURRAY, Mr. KOHL, Mr. BAUCUS, Economic Stabilization Act of 2008, with re- CUS, Mr. BAYH, Mr. BEGICH, Mr. BEN- Mr. PRYOR, Ms. KLOBUCHAR, Mr. spect to considerations of the Secretary of NET, Mr. BENNETT, Mr. BINGAMAN, Mr. FEINGOLD, Mr. BARRASSO, Mr. LEAHY, the Treasury in providing assistance under BOND, Mrs. BOXER, Mr. BROWN, Mr. Ms. COLLINS, Mr. GRASSLEY, Mr. that Act, and for other purposes; to the Com- BROWNBACK, Mr. BUNNING, Mr. BURR, CRAPO, Mr. BENNET, and Mrs. mittee on Banking, Housing, and Urban Af- Mr. BURRIS, Mr. BYRD, Ms. CANT- SHAHEEN): fairs. WELL, Mr. CARDIN, Mr. CARPER, Mr. S. Res. 319. A resolution commemorating By Mr. BAUCUS: CASEY, Mr. CHAMBLISS, Mr. COBURN, 40 years of membership by women in the Na- S. 1823. A bill to renew the temporary sus- Mr. COCHRAN, Ms. COLLINS, Mr. tional FFA Organization and celebrating the pension of duty on certain footwear; to the CONRAD, Mr. CORKER, Mr. CORNYN, achievements and contributions of female Committee on Finance. Mr. CRAPO, Mr. DEMINT, Mr. DODD, members of the National FFA Organization; By Mr. BAUCUS: Mr. DORGAN, Mr. DURBIN, Mr. ENSIGN, considered and agreed to. S. 1824. A bill to extend the temporary sus- Mr. FEINGOLD, Mrs. FEINSTEIN, Mr. f FRANKEN, Mrs. GILLIBRAND, Mr. pension of duty on lug bottom boots for use ADDITIONAL COSPONSORS in fishing waders; to the Committee on Fi- GRAHAM, Mr. GRASSLEY, Mr. GREGG, nance. Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, S. 252 By Mr. LIEBERMAN (for himself and Mrs. HUTCHISON, Mr. INHOFE, Mr. At the request of Mr. AKAKA, the Ms. COLLINS): INOUYE, Mr. ISAKSON, Mr. JOHANNS, name of the Senator from New Jersey S. 1825. A bill to extend the authority for Mr. JOHNSON, Mr. KAUFMAN, Mr. (Mr. MENENDEZ) was added as a cospon- relocation expenses test programs for Fed- KERRY, Mr. KIRK, Ms. KLOBUCHAR, eral employees, and for other purposes; to Mr. KOHL, Mr. KYL, Ms. LANDRIEU, sor of S. 252, a bill to amend title 38, the Committee on Homeland Security and Mr. LAUTENBERG, Mr. LEAHY, Mr. United States Code, to enhance the ca- Governmental Affairs. LEMIEUX, Mr. LEVIN, Mr. LIEBERMAN, pacity of the Department of Veterans By Mr. BAUCUS: Mrs. LINCOLN, Mr. LUGAR, Mr. Affairs to recruit and retain nurses and S. 1826. A bill to suspend temporarily the MCCAIN, Mrs. MCCASKILL, Mr. other critical health-care profes- duty on certain glass snow globes; to the MENENDEZ, Mr. MERKLEY, Ms. MIKUL- sionals, to improve the provision of Committee on Finance. SKI, Ms. MURKOWSKI, Mrs. MURRAY, health care veterans, and for other pur- By Mr. BAUCUS: Mr. NELSON of Nebraska, Mr. NELSON poses. S. 1827. A bill to suspend temporarily the of Florida, Mr. PRYOR, Mr. REED, Mr. duty on certain glass polyresin magnets; to RISCH, Mr. ROBERTS, Mr. ROCKE- S. 306 the Committee on Finance. FELLER, Mr. SANDERS, Mr. SCHUMER, At the request of Mr. NELSON of Ne- By Mr. BAUCUS: Mr. SESSIONS, Mrs. SHAHEEN, Mr. braska, the name of the Senator from S. 1828. A bill to suspend temporarily the SHELBY, Ms. SNOWE, Mr. SPECTER, Louisiana (Mr. VITTER) was added as a duty on certain metal key chains with acryl- Ms. STABENOW, Mr. TESTER, Mr. cosponsor of S. 306, a bill to promote ic mini-globes; to the Committee on Fi- THUNE, Mr. UDALL of Colorado, Mr. biogas production, and for other pur- nance. UDALL of New Mexico, Mr. VITTER, By Mr. BAUCUS: Mr. VOINOVICH, Mr. WARNER, Mr. poses. S. 1829. A bill to suspend temporarily the WEBB, Mr. WHITEHOUSE, Mr. WICKER, S. 584 duty on certain acrylic snow globes; to the and Mr. WYDEN): At the request of Mr. HARKIN, the Committee on Finance. S. Res. 315. A resolution relative to the name of the Senator from Minnesota By Ms. COLLINS (for herself, Mr. death of Clifford Peter Hansen, former (Ms. KLOBUCHAR) was added as a co- LIEBERMAN, and Mr. CARPER): United States Senator for the State of Wyo- sponsor of S. 584, a bill to ensure that S. 1830. A bill to establish the Chief Con- ming; considered and agreed to. servation Officers Council to improve the en- By Mr. MENENDEZ (for himself and all users of the transportation system, ergy efficiencies of Federal agencies, and for Mr. ENSIGN): including pedestrians, bicyclists, tran- other purposes; to the Committee on Home- S. Res. 316. A resolution calling upon the sit users, children, older individuals, land Security and Governmental Affairs. President to ensure that the foreign policy of and individuals with disabilities, are

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.024 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10636 CONGRESSIONAL RECORD — SENATE October 21, 2009 able to travel safely and conveniently of the Social Security Act to authorize S. 1442 on and across federally funded streets physical therapists to evaluate and At the request of Mr. BINGAMAN, the and highways. treat Medicare beneficiaries without a name of the Senator from Vermont S. 621 requirement for a physician referral, (Mr. SANDERS) was added as a cospon- At the request of Mr. DURBIN, the and for other purposes. sor of S. 1442, a bill to amend the Pub- name of the Senator from Ohio (Mr. S. 952 lic Lands Corps Act of 1993 to expand BROWN) was added as a cosponsor of S. At the request of Ms. SNOWE, the the authorization of the Secretaries of 621, a bill to amend the Public Health name of the Senator from Wisconsin Agriculture, Commerce, and the Inte- Service Act to coordinate Federal con- (Mr. FEINGOLD) was added as a cospon- rior to provide service—learning oppor- genital heart disease research efforts sor of S. 952, a bill to develop and pro- tunities on public lands, establish a and to improve public education and mote a comprehensive plan for a na- grant program for Indian Youth Serv- awareness of congenital heart disease, tional strategy to address harmful ice Corps, help restore the Nation’s and for other purposes. algal blooms and hypoxia through natural, cultural, historic, archae- ological, recreational, and scenic re- S. 799 baseline research, forecasting and mon- sources, train a new generation of pub- At the request of Mr. DURBIN, the itoring, and mitigation and control while helping communities detect, con- lic land managers and enthusiasts, and name of the Senator from Colorado promote the value of public service. (Mr. BENNET) was added as a cosponsor trol, and mitigate coastal and Great S. 1518 of S. 799, a bill to designate as wilder- Lakes harmful algal blooms and hy- poxia events. At the request of Mr. BURR, the name ness certain Federal portions of the red of the Senator from South Carolina rock canyons of the Colorado Plateau S. 964 (Mr. GRAHAM) was added as a cosponsor and the Great Basin Deserts in the At the request of Mr. FEINGOLD, the name of the Senator from Illinois (Mr. of S. 1518, a bill to amend title 38, State of Utah for the benefit of present United States Code, to furnish hospital and future generations of people in the BURRIS) was added as a cosponsor of S. 964, a bill to authorize the President to care, medical services, and nursing United States. home care to veterans who were sta- S. 812 posthumously award a gold medal on behalf of Congress to Robert M. tioned at Camp Lejeune, North Caro- At the request of Mr. BAUCUS, the LaFollette, Sr., in recognition of his lina, while the water was contaminated name of the Senator from Kansas (Mr. at Camp Lejeune. important contributions to the Pro- ROBERTS) was added as a cosponsor of S. 1559 S. 812, a bill to amend the Internal gressive movement, the State of Wis- consin, and the United States. At the request of Mr. KERRY, the Revenue Code of 1986 to make perma- names of the Senator from Maryland S. 987 nent the special rule for contributions (Mr. CARDIN), the Senator from New At the request of Mr. DURBIN, the of qualified conservation contribu- Hampshire (Mrs. SHAHEEN) and the name of the Senator from Pennsyl- tions. Senator from Delaware (Mr. KAUFMAN) vania (Mr. CASEY) was added as a co- S. 827 were added as cosponsors of S. 1559, a sponsor of S. 987, a bill to protect girls At the request of Mr. ROCKEFELLER, bill to consolidate democracy and secu- in developing countries through the the name of the Senator from Wyoming rity in the Western Balkans by sup- prevention of child marriage, and for (Mr. ENZI) was added as a cosponsor of porting the Governments and people of other purposes. S. 827, a bill to establish a program to Bosnia and Herzegovina and Monte- S. 1055 reunite bondholders with matured negro in reaching their goal of even- At the request of Mrs. BOXER, the unredeemed United States savings tual NATO membership, and to wel- name of the Senator from Georgia (Mr. bonds. come further NATO partnership with ISAKSON) was added as a cosponsor of S. S. 831 the Republic of Serbia, and for other 1055, a bill to grant the congressional purposes. At the request of Mr. KERRY, the gold medal, collectively, to the 100th name of the Senator from Indiana (Mr. S. 1723 Infantry Battalion and the 442nd Regi- At the request of Mr. CORKER, the BAYH) was added as a cosponsor of S. mental Combat Team, United States 831, a bill to amend title 10, United name of the Senator from Tennessee Army, in recognition of their dedicated (Mr. ALEXANDER) was added as a co- States Code, to include service after service during World War II. September 11, 2001, as service quali- sponsor of S. 1723, a bill to authorize S. 1156 fying for the determination of a re- the Secretary of the Treasury to dele- At the request of Mr. HARKIN, the gate management authority over trou- duced eligibility age for receipt of non- name of the Senator from Minnesota regular service retired pay. bled assets purchased under the Trou- (Ms. KLOBUCHAR) was added as a co- bled Asset Relief Program, to require S. 886 sponsor of S. 1156, a bill to amend the the establishment of a trust to manage At the request of Mr. NELSON of Flor- Safe, Accountable, Flexible, Efficient assets of certain designated TARP re- ida, the name of the Senator from Cali- Transportation Equity Act: A Legacy cipients, and for other purposes. fornia (Mrs. BOXER) was added as a co- for Users to reauthorize and improve S. 1728 sponsor of S. 886, a bill to establish a the safe routes to school program. At the request of Mrs. MCCASKILL, program to provide guarantees for debt S. 1301 the name of the Senator from Iowa issued by State catastrophe insurance At the request of Mr. MENENDEZ, the (Mr. GRASSLEY) was added as a cospon- programs to assist in the financial re- name of the Senator from Nevada (Mr. sor of S. 1728, a bill to amend the Inter- covery from natural catastrophes. ENSIGN) was added as a cosponsor of S. nal Revenue Code of 1986 to modify the S. 945 1301, a bill to direct the Attorney Gen- first—time homebuyer credit in the At the request of Mr. FEINGOLD, the eral to make an annual grant to the A case of members of the Armed Forces name of the Senator from Illinois (Mr. Child Is Missing Alert and Recovery and certain other Federal employees, BURRIS) was added as a cosponsor of S. Center to assist law enforcement agen- and for other purposes. 945, a bill to require the Secretary of cies in the rapid recovery of missing S. 1731 the Treasury to mint coins in com- children, and for other purposes. At the request of Mr. LEAHY, his memoration of Robert M. La Follette, S. 1413 name was added as a cosponsor of S. Sr., in recognition of his important At the request of Mr. KERRY, the 1731, a bill to require certain mortga- contributions to the Progressive move- name of the Senator from Massachu- gees to make loan modifications, to es- ment, the State of Wisconsin, and the setts (Mr. KIRK) was added as a cospon- tablish a grant program for State and United States. sor of S. 1413, a bill to amend the local government mediation programs, S. 950 Adams National Historical Park Act of to create databases on foreclosures, At the request of Mrs. LINCOLN, the 1998 to include the Quincy Homestead and for other purposes. name of the Senator from North Caro- within the boundary of the Adams Na- S. 1743 lina (Mr. BURR) was added as a cospon- tional Historical Park, and for other At the request of Mr. LEAHY, his sor of S. 950, a bill to amend title XVIII purposes. name was added as a cosponsor of S.

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.027 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10637 1743, a bill to amend the Internal Rev- AMENDMENT NO. 2683 other pathogens and pollutants. In enue Code of 1986 to expand the reha- At the request of Mr. CHAMBLISS, the fact, fecal coliform levels in effluent bilitation credit, and for other pur- name of the Senator from Kansas (Mr. are typically 20 to 200 times greater poses. ROBERTS) was added as a cosponsor of than in untreated domestic waste- S. 1749 amendment No. 2683 intended to be pro- water. At the request of Mrs. FEINSTEIN, the posed to H.R. 2847, a bill making appro- Beyond three miles from shore there name of the Senator from Rhode Island priations for the Departments of Com- are no restrictions on sewage dis- (Mr. WHITEHOUSE) was added as a co- merce and Justice, and Science, and charge. Cruise ships can directly dump sponsor of S. 1749, a bill to amend title Related Agencies for the fiscal year raw sewage into U.S. waters. 18, United States Code, to prohibit the ending September 30, 2010, and for The situation with cruise ship possession or use of cell phones and other purposes. graywater also requires attention. similar wireless devices by Federal f While cruise ships must obtain permits prisoners. STATEMENTS ON INTRODUCED to discharge graywater within three S. 1772 BILLS AND JOINT RESOLUTIONS miles of the coast, there is still a pollu- At the request of Mr. BUNNING, the tion issue. Graywater from sinks, tubs, names of the Senator from Nebraska By Mr. DURBIN: and kitchens contains large amounts of S. 1820. A bill to amend the Federal (Mr. JOHANNS), the Senator from South pathogens and pollutants. Fecal coli- Water Pollution Control Act to estab- Carolina (Mr. DEMINT), the Senator form concentrations, for example, are lish national standards for discharges from New Hampshire (Mr. GREGG), the 10 to 1000 times greater than those in from cruise vessels; to the Committee Senator from Idaho (Mr. CRAPO), the untreated domestic wastewater. These on Commerce, Science, and Transpor- Senator from South Dakota (Mr. pollutants sicken our marine eco- tation. THUNE), the Senator from Louisiana systems, wash up onto our beaches, and Mr. DURBIN. Mr. President, today I (Mr. VITTER), the Senator from Mis- contaminate food and shellfish that am introducing the Clean Cruise Ship sissippi (Mr. WICKER), the Senator from end up on our dinner plates. Act of 2009. This bill would address a Nevada (Mr. ENSIGN), the Senator from Beyond 3 miles from shore there are serious and growing threat to U.S. wa- Oklahoma (Mr. COBURN), the Senator no restrictions on graywater discharge. ters by placing limits on the dumping from Idaho (Mr. RISCH), the Senator Cruise ships can directly dump of wastewater by cruise ships. Cruise from Oklahoma (Mr. INHOFE), the Sen- graywater into U.S. waters. ships generate millions of gallons of ator from Alabama (Mr. SESSIONS), the wastewater every day—much of it vile Following the lead of Alaska, the Senator from Ohio (Mr. VOINOVICH), the sewage. These ships can directly dump Clean Cruise Ship Act seeks to address Senator from Georgia (Mr. CHAMBLISS), their waste into the oceans with mini- these oversights. No discharges would the Senator from Texas (Mr. CORNYN), mal oversight. be allowed within twelve miles of the Senator from Kansas (Mr. This bill would require cruise ships shore. Beyond twelve miles, discharges BROWNBACK), the Senator from Wyo- to obtain permits through EPA’s Na- of sewage, graywater, and bilge water ming (Mr. BARRASSO), the Senator from tional Pollutant Discharge Elimination would be allowed, provided that they Wyoming (Mr. ENZI), the Senator from System in order to discharge sewage, meet national effluent limits con- North Carolina (Mr. BURR), the Senator graywater, and bilge water. It also sistent with the best available tech- from Tennessee (Mr. CORKER), the Sen- would require cruise ships to upgrade nology. That technology works and is ator from Arizona (Mr. KYL), the Sen- their wastewater treatment systems to commercially available now. The re- ator from Arizona (Mr. MCCAIN), the meet the standards of today’s best cent Environmental Protection Agency Senator from Tennessee (Mr. ALEX- available technology. This technology study found that these ‘‘advanced ANDER), the Senator from Kansas (Mr. significantly reduces the pollutants wastewater treatment’’ systems effec- ROBERTS), the Senator from Alaska that ships discharge and is already tively remove pathogens, suspended (Ms. MURKOWSKI) and the Senator from being used successfully on cruise ships solids, metals, and oil and grease. Georgia (Mr. ISAKSON) were added as in Alaska, thanks to that state’s for- Under this legislation, the release of cosponsors of S. 1772, a bill to require ward-thinking regulations. raw, untreated sewage would be that all legislative matters be avail- The problem is real. The number of banned. No dumping of sewage sludge able and fully scored by CBO 72 hours cruise ship passengers has been grow- and incinerator ash would be allowed before consideration by any sub- ing nearly twice as fast as any other in U.S. waters. All cruise ships calling committee or committee of the Senate mode of travel. In the U.S. alone the on U.S. ports would have to dispose of or on the floor of the Senate. numbers are approaching ten million hazardous waste in accordance with S.J. RES. 12 passengers a year, with some ships car- the Resource Conservation and Recov- At the request of Mr. DURBIN, the rying 3,000 or more passengers. These ery Act. The bill would establish in- name of the Senator from Wisconsin ships produce massive amounts of spection and enforcement mechanisms (Mr. FEINGOLD) was added as a cospon- waste: one ship can produce over 200,000 to ensure compliance. sor of S.J. Res. 12, a joint resolution gallons of sewage each week; a million The protection of U.S. waters is vital proclaiming Casimir Pulaski to be an gallons of graywater from kitchens, to our Nation’s health and economy. honorary citizen of the United States laundry, and showers; and over 25,000 The oceans not only support the life of posthumously. gallons of oily bilge water that collects nearly 50 percent of all species on S. RES. 275 in ship bottoms. Earth, but they also provide 20 percent At the request of Mr. KERRY, the I have nothing against cruise vaca- of the animal protein and 5 percent of name of the Senator from Massachu- tions. They can be a wonderful way to the total protein in the human diet. setts (Mr. KIRK) was added as a cospon- visit beautiful places. What my bill Some cruise ship companies already sor of S. Res. 275, a resolution honoring proposes to do is change the way the are trying to improve their environ- the Minute Man National Historical cruise ships manage the removal of mental footprint. They also want to Park on the occasion of its 50th anni- waste. Here is the unpleasant reality. preserve the environment that attracts versary. Within three miles of shore, vessels can their passengers. But the efforts be- S. RES. 312 discharge human body wastes and tween cruise ship companies are not At the request of Mr. DODD, the other toilet waste provided that a ‘‘ma- uniform. A Federal standard would names of the Senator from Pennsyl- rine sanitation device’’ is installed. apply one set of requirements to all vania (Mr. CASEY) and the Senator The Environmental Protection Agency companies. from Oregon (Mr. MERKLEY) were added released a report in December of 2008, It is time to bring the cruise ship in- as cosponsors of S. Res. 312, a resolu- however, that concluded that these dustry into the 21st century. It is time tion expressing the sense of the Senate systems simply don’t work. These sew- to update the laws that protect our on empowering and strengthening the age treatment devices leave discharges oceans, and urge adoption of the best United States Agency for International that consistently exceed national efflu- available wastewater treatment tech- Development (USAID). ent standards for fecal coliform and nology at sea.

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.028 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10638 CONGRESSIONAL RECORD — SENATE October 21, 2009 Working together, we can support risk for recreational swimmers, surfers, and ‘‘(I) a vessel of the United States operated the industry while protecting the nat- other beachgoers; by the Federal Government; ural treasures that are our oceans. I (11) according to the Environmental Pro- ‘‘(II) a vessel owned and operated by the think the approach taken in the Clean tection Agency, ‘‘Sewage may host many government of a State; or pathogens of concern to human health, in- ‘‘(III) a vessel owned by a local govern- Cruise Ship Act will achieve that goal. cluding Salmonella, Shigella, Hepatitis A ment. I encourage my colleagues here in the and E, and gastro-intestinal viruses. Sewage ‘‘(D) DISCHARGE.—The term ‘discharge’ Senate to work with me to pass legisla- contamination in swimming areas and shell- means the release, escape, disposal, spilling, tion that will put a stop to the dump- fish beds poses potential risks to human leaking, pumping, emitting, or emptying of ing of hazardous pollutants along our health and the environment by increasing bilge water, graywater, hazardous waste, in- coasts. Together we can clean up this the rate of waterborne illnesses’’; cinerator ash, sewage, sewage sludge, trash, major source of pollution that is harm- (12) the nutrient pollution from human or garbage from a cruise vessel into the envi- sewage discharges from cruise ships can con- ronment, however caused, other than— ing our waters. tribute to the incidence of harmful algal Mr. President, I ask unanimous con- ‘‘(i) at an approved shoreside reception fa- blooms; cility, if applicable; and sent that the text of the bill be printed (13) algal blooms have been implicated in ‘‘(ii) in compliance with all applicable Fed- in the RECORD. the deaths of marine life, including the eral, State, and local laws (including regula- There being no objection, the text of deaths of more than 150 manatees off the tions). coast of Florida; the bill was ordered to be printed in ‘‘(E) EXCLUSIVE ECONOMIC ZONE.—The term (14) in a 2005 report requested by the Inter- the RECORD, as follows: ‘exclusive economic zone’ has the meaning national Council of Cruise Lines, the Science given the term in section 2101 of title 46, S. 1820 Panel of the Ocean Conservation and Tour- United States Code (as in effect on the day Be it enacted by the Senate and House of Rep- ism Alliance recommended that— before the date of enactment of Public Law resentatives of the United States of America in (A) ‘‘[a]ll blackwater should be treated’’; 109–304 (120 Stat. 1485)). Congress assembled, (B) treated blackwater should be ‘‘avoided ‘‘(F) FUND.—The term ‘Fund’ means the SECTION 1. SHORT TITLE. in ports, close to bathing beaches or water bodies with restricted circulation, flushing Cruise Vessel Pollution Control Fund estab- This Act may be cited as the ‘‘Clean Cruise lished by paragraph (11)(A)(i). Ship Act of 2009’’. or inflow’’; and (C) blackwater should not be discharged ‘‘(G) GARBAGE.—The term ‘garbage’ means SEC. 2. FINDINGS AND PURPOSES. within 4 nautical miles of shellfish beds, solid waste from food preparation, service (a) FINDINGS.—Congress finds that— coral reefs, or other sensitive habitats; and disposal activities, even if shredded, (1) cruise ships carry millions of passengers (15) that Science Panel further rec- ground, processed, or treated to comply with through North American waters each year, ommended that graywater be treated in the other requirements. showcase some of the most beautiful ocean same manner as blackwater and that sewage ‘‘(H) GRAYWATER.— and coastal environments in the United sludge be off-loaded to approved land-based ‘‘(i) IN GENERAL.—The term ‘graywater’ States, and provide opportunities for pas- facilities; means galley water, dishwasher, and bath, sengers to relax and enjoy oceans and marine (16) in a summary of recommendations for shower, and washbasin water. ecosystems; addressing unabated point sources of pollu- ‘‘(ii) INCLUSIONS.—The term ‘graywater’ in- (2) the number of cruise passengers con- tion, the Pew Oceans Commission states cludes, to the extent not already covered tinues to grow, making the cruise industry that, ‘‘Congress should enact legislation that under provisions of law relating to hazardous one of the fastest growing tourism sectors in regulates wastewater discharges from cruise waste— the world; ships under the Clean Water Act by estab- ‘‘(I) spa, pool, and laundry wastewater; (3) in 2007, more than 10,000,000 passengers lishing uniform minimum standards for dis- ‘‘(II) wastes from soot tanker or econo- departed from North America on thousands charges in all State waters and prohibiting mizer cleaning; of cruise ships; discharges within the U.S. Exclusive Eco- ‘‘(III) wastes from photo processing; (4) during the 2 decades preceding the date nomic Zone that do not meet effluent stand- ‘‘(IV) wastes from vessel interior surface of enactment of this Act, the average cruise ards.’’; and cleaning; and ship size has increased at a rate of approxi- (17) a comprehensive statutory regime for ‘‘(V) miscellaneous equipment and process mately 90 feet every 5 years; managing pollution discharges from cruise wastewater. (5) an average-sized cruise vessel generates vessels, applicable throughout the United ‘‘(I) HAZARDOUS WASTE.—The term ‘haz- millions of gallons of liquid waste and many States, is needed— ardous waste’ has the meaning given the tons of solid waste; (A) to protect coastal and ocean areas from term in section 6903 of the Solid Waste Dis- (6) in just 1 week, a 3000-passenger cruise pollution generated by cruise vessels; posal Act (42 U.S.C. 6903). ship generates approximately 210,000 gallons (B) to reduce and better regulate dis- ‘‘(J) INCINERATOR ASH.—The term ‘inciner- of human sewage, 1,000,000 gallons of water charges from cruise vessels; and ator ash’ means ash generated during the in- from showers and sinks and dishwashing (C) to improve monitoring, reporting, and cineration of solid waste or sewage sludge. water (commonly known as ‘‘graywater’’), enforcement of standards regarding dis- ‘‘(K) NEW VESSEL.—The term ‘new vessel’ 37,000 gallons of oily bilge water, more than charges. means a vessel, the construction of which is 8 tons of solid waste, and toxic wastes from (b) PURPOSE.—The purpose of this Act is to initiated after promulgation of standards dry cleaning and photo-processing labora- amend the Federal Water Pollution Control and regulations under this subsection. tories; Act (33 U.S.C. 1251 et seq.) to establish na- ‘‘(L) NO-DISCHARGE ZONE.— (7) in an Environmental Protection Agency tional standards and prohibitions for dis- ‘‘(i) IN GENERAL.—The term ‘no-discharge survey of 29 ships traveling in Alaskan wa- charges from cruise vessels. zone’ means an area of ecological impor- ters, reported sewage generation rates SEC. 3. CRUISE VESSEL DISCHARGES. tance, whether designated by Federal, State, ranged from 1,000 to 74,000 gallons per day Section 402 of the Federal Water Pollution or local authorities. per vessel, with the average volume of sew- Control Act (33 U.S.C. 1342) is amended by ‘‘(ii) INCLUSIONS.—The term ‘no-discharge age generated being 21,000 gallons per day adding at the end the following: zone’ includes— per vessel; ‘‘(s) CRUISE VESSEL DISCHARGES.— ‘‘(I) a marine sanctuary; (8) those frequently untreated cruise ship ‘‘(1) DEFINITIONS.—In this subsection: ‘‘(II) a marine protected area; discharges deliver nutrients, hazardous sub- ‘‘(A) BILGE WATER.— ‘‘(III) a marine reserve; and stances, pharmaceuticals, and human patho- ‘‘(i) IN GENERAL.—The term ‘bilge water’ ‘‘(IV) a marine national monument. gens, including viruses and bacteria, directly means wastewater. ‘‘(M) PASSENGER.—The term ‘passenger’ into the marine environment; ‘‘(ii) INCLUSIONS.—The term ‘bilge water’ means any person (including a paying pas- (9) in the final report of the United States includes lubrication oils, transmission oils, senger and any staff member, such as a crew Commission on Ocean Policy, that Commis- oil sludge or slops, fuel or oil sludge, used member, captain, or officer) traveling on sion found that cruise ship discharges, if not oil, used fuel or fuel filters, and oily waste. board a cruise vessel. treated and disposed of properly, and the cu- ‘‘(B) COMMANDANT.—The term ‘Com- ‘‘(N) SEWAGE.—The term ‘sewage’ means— mulative impacts caused when cruise ships mandant’ means the Commandant of the ‘‘(i) human and animal body wastes; and repeatedly visit the same environmentally Coast Guard. ‘‘(ii) wastes from toilets and other recep- sensitive areas, ‘‘can be a significant source ‘‘(C) CRUISE VESSEL.— tacles intended to receive or retain human of pathogens and nutrients with the poten- ‘‘(i) IN GENERAL.—The term ‘cruise vessel’ and animal body wastes. tial to threaten human health and damage means a passenger vessel that— ‘‘(O) SEWAGE SLUDGE.— shellfish beds, coral reefs, and other aquatic ‘‘(I) is authorized to carry at least 250 pas- ‘‘(i) IN GENERAL.—The term ‘sewage sludge’ life’’; sengers; and means any solid, semi-solid, or liquid residue (10) pollution from cruise ships not only ‘‘(II) has onboard sleeping facilities for removed during the treatment of on-board has the potential to threaten marine life and each passenger. sewage. human health through consumption of con- ‘‘(ii) EXCLUSIONS.—The term ‘cruise vessel’ ‘‘(ii) INCLUSIONS.—The term ‘sewage sludge’ taminated seafood, but also poses a health does not include— includes—

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‘‘(I) solids removed during primary, sec- ‘‘(bb) the reason for authorizing each such ‘‘(i) IN GENERAL.—The Administrator shall ondary, or advanced wastewater treatment; discharge; require sampling, monitoring, and reporting ‘‘(II) scum; ‘‘(cc) the location of the vessel during the to ensure compliance with— ‘‘(III) septage; course of each such discharge; and ‘‘(I) the effluent limitations promulgated ‘‘(IV) portable toilet pumpings; ‘‘(dd) such other supporting information under subparagraph (A); ‘‘(V) type III marine sanitation device and data as are requested by the Com- ‘‘(II) all other applicable provisions of this pumpings (as defined in part 159 of title 33, mandant or the Administrator. Act; Code of Federal Regulations (or a successor ‘‘(III) DISCLOSURE OF REPORTS.—Upon re- ‘‘(III) any regulations promulgated under regulation)); and ceiving a report under subclause (II), the Ad- this Act; ‘‘(VI) sewage sludge products. ministrator shall make the report available ‘‘(IV) other applicable Federal laws (in- ‘‘(iii) EXCLUSIONS.—The term ‘sewage to the public. cluding regulations); and sludge’ does not include— ‘‘(3) EFFLUENT LIMITS.— ‘‘(V) all applicable international treaty re- ‘‘(I) grit or screenings; or ‘‘(A) EFFLUENT LIMITS FOR DISCHARGES OF quirements. ‘‘(II) ash generated during the incineration SEWAGE, GRAYWATER, AND BILGE WATER.— ‘‘(ii) RESPONSIBILITIES OF PERSONS IN of sewage sludge. ‘‘(i) IN GENERAL.—Not later than 1 year CHARGE OF CRUISE VESSELS.—The owner, op- ‘‘(P) TRASH.—The term ‘trash’ means solid after the date of enactment of this sub- erator, master, or other person in charge of waste from vessel operations and passenger section, the Administrator shall promulgate a cruise vessel, shall at a minimum— services, even if shredded, ground, processed, effluent limits for sewage, graywater, and ‘‘(I) conduct sampling or testing at the or treated to comply with other regulations. bilge water discharges from cruise vessels. point of discharge on a monthly basis, or ‘‘(2) PROHIBITIONS.— ‘‘(ii) REQUIREMENTS.—The effluent limits more frequently, as determined by the Ad- ‘‘(A) PROHIBITION ON DISCHARGE OF SEWAGE shall— ministrator; SLUDGE, INCINERATOR ASH, AND HAZARDOUS ‘‘(I) be consistent with the capability of ‘‘(II) provide real-time data to the Admin- WASTE.— the best available technology to treat efflu- istrator, using telemetric or other similar ‘‘(i) IN GENERAL.—Except as provided by ent; technology, for reporting relating to— subparagraph (C), no cruise vessel departing ‘‘(II) take into account the best available ‘‘(aa) discharges of sewage, graywater, and from, or calling on, a port of the United scientific information on the environmental bilge water from cruise vessels; States may discharge sewage sludge, inciner- effects of sewage, graywater, and bilge water ‘‘(bb) pollutants emitted in sewage, ator ash, or hazardous waste into navigable discharges, including conventional, graywater, and bilge water from cruise ves- waters, including the contiguous zone and nontoxic, and toxic pollutants and petro- sels; and the exclusive economic zone. leum; ‘‘(cc) functioning of cruise vessel compo- ‘‘(ii) OFF-LOADING.—Sewage sludge, incin- ‘‘(III) take into account marine life and nents relating to fuel consumption and con- erator ash, and hazardous waste described in ecosystems, including coral reefs, shell fish trol of air and water pollution; clause (i) shall be off-loaded at an appro- beds, endangered species, marine mammals, ‘‘(III) ensure, to the maximum extent prac- priate land-based facility. seabirds, and marine ecosystems; ticable, that technologies providing real- ‘‘(B) PROHIBITION ON DISCHARGE OF SEWAGE, ‘‘(IV) take into account conditions that time data have the ability to record— GRAYWATER, AND BILGE WATER.— will affect marine life, ecosystems, and ‘‘(aa) the location and time of discharges ‘‘(i) IN GENERAL.—Except as provided by human health, including seamounts, conti- from cruise vessels; subparagraph (C), no cruise vessel departing nental shelves, oceanic fronts, warm core ‘‘(bb) the source, content, and volume of from or calling on, a port of the United and cold core rings, and ocean currents; and the discharges; and States may discharge sewage, graywater, or ‘‘(V) require compliance with all relevant ‘‘(cc) the operational state of components bilge water into navigable waters, including Federal and State water quality standards. relating to pollution control technology at the contiguous zone and the exclusive eco- the time of the discharges, including wheth- ‘‘(iii) MINIMUM LIMITS.—The effluent limits nomic zone, unless— er the components are operating correctly; promulgated under clause (i) shall require, at ‘‘(I) the sewage, graywater, or bilge water ‘‘(IV) establish chains of custody, analysis a minimum, that treated sewage, treated is treated to meet all applicable effluent lim- protocols, and other specific information graywater, and treated bilge water effluent its established under this section and is in necessary to ensure that the sampling, test- discharges from cruise vessels, measured at accordance with all other applicable laws; ing, and records of that sampling and testing the point of discharge, shall, not later than ‘‘(II) the cruise vessel is underway and pro- are reliable; and the date described in subparagraph (C)— ceeding at a speed of not less than 6 knots; ‘‘(V) maintain, and provide on a monthly ‘‘(I) satisfy the minimum level of effluent ‘‘(III) the cruise vessel is more than 12 nau- basis to the Administrator, electronic copies quality specified in section 133.102 of title 40, tical miles from shore; and of required sampling and testing data. Code of Federal Regulations (or a successor ‘‘(IV) the cruise vessel complies with all ‘‘(iii) REPORTING REQUIREMENTS.—The Ad- applicable standards established under this regulation); and ministrator shall require the compilation Act. ‘‘(II) with respect to the samples from the and production, and not later than 1 year discharge during any 30-day period— ‘‘(ii) NO-DISCHARGE ZONES.—Notwith- after the date of enactment of this sub- standing any other provision of this para- ‘‘(aa) have a geometric mean that does not section and biennially thereafter, the provi- graph, no cruise vessel departing from, or exceed 20 fecal coliform per 100 milliliters; sion to the Administrator and the Com- calling on, a port of the United States may ‘‘(bb) not exceed 40 fecal coliform per 100 mandant in electronic format, of documenta- discharge treated or untreated sewage, milliliters in more than 10 percent of the tion for each cruise vessel that includes, at a graywater, or bilge water into a no-discharge samples; and minimum— zone. ‘‘(cc) with respect to concentrations of ‘‘(I) a detailed description of onboard waste ‘‘(C) SAFETY EXCEPTION.— total residual chlorine, not exceed 10 milli- treatment mechanisms in use by the cruise ‘‘(i) SCOPE OF EXCEPTION.—Subparagraphs grams per liter. vessel, including the manufacturer of the (A) and (B) shall not apply in any case in ‘‘(B) REVIEW AND REVISION OF EFFLUENT waste treatment technology on board; which— LIMITS.—The Administrator shall— ‘‘(II) a detailed description of onboard ‘‘(I) a discharge is made solely for the pur- ‘‘(i) review the effluent limits promulgated sludge management practices of the cruise pose of securing the safety of the cruise ves- under subparagraph (A) at least once every 5 vessel; sel or saving human life at sea; and years; and ‘‘(III) copies of applicable hazardous mate- ‘‘(II) all reasonable precautions have been ‘‘(ii) revise the effluent limits to incor- rials forms; taken to prevent or minimize the discharge. porate technology available at the time of ‘‘(IV) a characterization of the nature, ‘‘(ii) NOTIFICATION.— the review in accordance with subparagraph type, and composition of discharges by the ‘‘(I) IN GENERAL.—If the owner, operator, (A)(Ii). cruise vessel; master, or other person in charge of a cruise ‘‘(C) COMPLIANCE DATE.—The Adminis- ‘‘(V) a determination of the volumes of vessel authorizes a discharge described in trator shall require compliance with the ef- those discharges, including average volumes; clause (i), the person shall notify the Admin- fluent limits promulgated pursuant to sub- and istrator and the Commandant of the decision paragraph (A)— ‘‘(VI) the locations, including the more to authorize the discharge as soon as prac- ‘‘(i) with respect to new vessels put into common locations, of those discharges. ticable, but not later than 24 hours, after au- water after the date of enactment of this ‘‘(iv) SHORESIDE DISPOSAL.—The Adminis- thorizing the discharge. subsection, as of the date that is 180 days trator shall require documentation of shore- ‘‘(II) REPORT.—Not later than 7 days after after the date of promulgation of the effluent side disposal at approved facilities for all the date on which a discharge described in limits; and wastes by, at a minimum— clause (i) occurs, the owner, operator, mas- ‘‘(ii) with respect to vessels in use as of ‘‘(I) establishing standardized forms for the ter, or other person in charge of a cruise ves- that date of enactment, as of the date that is receipt of those wastes; sel, shall submit to the Administrator and 1 year after the date of promulgation of the ‘‘(II) requiring those receipts to be sent the Commandant a report that describes— effluent limits. electronically to the Administrator and ‘‘(aa) the quantity and composition of each ‘‘(D) SAMPLING, MONITORING, AND REPORT- Commandant and maintained in an onboard discharge authorized under clause (i); ING.— record book; and

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10640 CONGRESSIONAL RECORD — SENATE October 21, 2009 ‘‘(III) requiring those receipts to be signed ‘‘(v) require that operating manuals be on ‘‘(aa) sounding boards, logs, and logbooks; and dated by the owner, operator, master, or the cruise vessel and accessible to all crew ‘‘(bb) daily and corporate maintenance and other person in charge of the discharging members; engineers’ logbooks; vessel and the authorized representative of ‘‘(vi) require the posting of the phone num- ‘‘(cc) fuel, sludge, slop, waste, and ballast the receiving facility. ber for a toll-free whistleblower hotline on tank capacity tables; ‘‘(v) REGULATIONS.—Not later than 18 all ships and at all ports using language like- ‘‘(dd) installation, maintenance, and oper- months after the date of enactment of this ly to be understood by international crews; ation records for oily water separators, in- subsection, the Administrator, in consulta- ‘‘(vii) require any owner, operator, master, cinerators, and boilers; tion with the Commandant, shall promulgate or other person in charge of a cruise vessel, ‘‘(ee) piping diagrams; regulations that, at a minimum, implement who has knowledge of a discharge from the ‘‘(ff) e-mail archives; the sampling, monitoring, and reporting pro- cruise vessel in violation of this subsection, ‘‘(gg) receipts for the transfer of materials, tocols required by this subparagraph. including regulations promulgated under including waste disposal; ‘‘(4) INSPECTION PROGRAM.— this subsection, to report immediately the ‘‘(hh) air emissions data; and ‘‘(A) IN GENERAL.—The Administrator shall discharge to the Administrator and the Com- ‘‘(ii) electronic and other records of rel- establish an inspection program to require mandant; evant information, including fuel consump- that— ‘‘(viii) require the owner, operator, master, tion, maintenance, and spares ordering for ‘‘(i) regular announced and unannounced or other person in charge of a cruise vessel all waste processing- and pollution-related inspections be conducted of any relevant as- to provide, not later than 1 year after the equipment; pect of cruise vessel operations, equipment, date of enactment of this subsection, to the ‘‘(ii) have the authority to interview and or discharges, including sampling and test- Administrator, Commandant, and on-board otherwise query any crew member with ing of cruise vessel discharges; observers (including designated representa- knowledge of cruise vessel operations; ‘‘(ii) each cruise vessel that calls on a port tives), a copy of cruise vessel plans, includ- ‘‘(iii) have access to all data and informa- of the United States be subject to an unan- ing— tion made available to government officials nounced inspection at least once per year; ‘‘(I) piping schematic diagrams; under this subsection; and ‘‘(II) construction drawings; and ‘‘(iv) immediately report any known or ‘‘(iii) inspections be carried out by the En- ‘‘(III) drawings or diagrams of storage sys- suspected violation of this subsection or any vironmental Protection Agency or the Coast tems, processing, treating, intake, or dis- other applicable Federal law or international Guard. charge systems, and any modifications of agreement to— ‘‘(B) COAST GUARD INSPECTIONS.—If the Ad- those systems (within the year during which ‘‘(I) the owner, operator, master, or other ministrator and the Commandant jointly the modifications are made); and person in charge of a cruise vessel; agree that some or all inspections are to be ‘‘(ix) inhibit illegal discharges by prohib- ‘‘(II) the Commandant; and carried out by the Coast Guard, the inspec- iting all means of altering piping, tankage, ‘‘(III) the Administrator; tions shall— pumps, valves, and processes to bypass or ‘‘(v) maintain inspection records to be sub- ‘‘(i) occur outside the Coast Guard matrix circumvent measures or equipment designed mitted to the Commandant and the Adminis- system for setting boarding priorities; to monitor, sample, or prevent discharges. trator on a semiannual basis; and ‘‘(ii) be consistent across Coast Guard dis- ‘‘(D) DISCLOSURE OF LOGBOOKS.—The log- ‘‘(vi) have authority to conduct the full tricts; and book described in subparagraph (C)(ii) shall range of duties of the observers within the ‘‘(iii) be conducted by specially-trained en- be submitted to the Administrator and the United States territorial seas, contiguous vironmental inspectors. Commandant. zone, and exclusive economic zone. ‘‘(C) REGULATIONS.—Not later than 18 ‘‘(5) CRUISE OBSERVER PROGRAM.— ‘‘(E) PROGRAM EVALUATION.—The cruise ob- months after the date of enactment of this ‘‘(A) IN GENERAL.—Not later than 18 server program established and carried out subsection, the Administrator, in consulta- months after the date of enactment of this by the Commandant under subparagraph (A) tion with the Commandant, shall promulgate subsection, the Commandant, in consulta- shall include— regulations that, at a minimum— tion with the Administrator, shall establish ‘‘(i) a method for collecting and reviewing ‘‘(i) designate responsibility for conducting and carry out a program for the hiring and data relating to the efficiency, sufficiency, inspections; placement of 1 or more trained, independent, and operation of the cruise observer pro- ‘‘(ii) require the owner, operator, master, observers on each cruise vessel. gram, including— or other person in charge of a cruise vessel ‘‘(B) PURPOSE.—The purpose of the cruise ‘‘(I) the ability to achieve program goals; to maintain and submit a logbook detailing observer program established under subpara- ‘‘(II) cruise vessel personnel cooperation; the times, types, volumes, flow rates, ori- graph (A) is to monitor and inspect cruise ‘‘(III) necessary equipment and analytical gins, and specific locations of, and expla- vessel operations, equipment, and discharges resources; and nations for, any discharges from the cruise to ensure compliance with— ‘‘(IV) the need for additional observer vessel not otherwise required by the Inter- ‘‘(i) this subsection (including regulations training; and national Convention for the Prevention of promulgated under this subsection); and ‘‘(ii) a process for adopting periodic revi- Pollution from Ships, 1973 (done at London ‘‘(ii) all other relevant Federal and State sions to the program based on the data col- on November 2, 1973; entered into force on laws and international agreements. lected under clause (i). October 2, 1983), as modified by the Protocol ‘‘(C) REGULATIONS.—Not later than 18 ‘‘(F) OBSERVER SUPPORT.—Not later than 18 of 1978 relating to the International Conven- months after the date of enactment of this months after the date of enactment of this tion for the Prevention of Pollution from subsection, the Commandant, in consulta- subsection, the Commandant, in consulta- Ships, 1973 (done at London, February 17, tion with the Administrator and the Attor- tion with the Administrator, shall imple- 1978); ney General, shall promulgate regulations ment a program to provide support to ob- ‘‘(iii) provide for routine announced and that, at a minimum— servers, including, at a minimum— unannounced inspections of— ‘‘(i) specify that the Coast Guard shall be ‘‘(i) training for observers to ensure the ‘‘(I) cruise vessel environmental compli- responsible for the hiring of observers; ability of the observers to carry out this ance records and procedures; and ‘‘(ii) specify the qualifications, experience, paragraph; ‘‘(II) the functionality, sufficiency, redun- and duties of the observers; ‘‘(ii) necessary equipment and analytical dancy, and proper operation and mainte- ‘‘(iii) specify methods and criteria for resources, such as laboratories, to carry out nance of installed equipment for abatement Coast Guard hiring of observers; the responsibilities established under this and control of any cruise vessel discharge ‘‘(iv) establish the means for ensuring con- subsection; and (including equipment intended to treat sew- stant observer coverage and allowing for ob- ‘‘(iii) support relating to the administra- age, graywater, or bilge water); server relief and rotation; and tion of the program and the response to any ‘‘(iv) ensure that— ‘‘(v) establish an appropriate rate of pay to recalcitrant cruise vessel personnel. ‘‘(I) all crew members are informed of, in ensure that observers are highly trained and ‘‘(G) REPORT.—Not later than 3 years after the native language of the crew members, retained by the Coast Guard. the date of establishment of the program and understand, the pollution control obliga- ‘‘(D) RESPONSIBILITIES.—Cruise observers under this paragraph, the Commandant, in tions under this subsection, including regu- participating in the program established consultation with the Administrator, shall lations promulgated under this subsection; under subparagraph (A) shall — submit to Congress a report describing— and ‘‘(i) observe and inspect— ‘‘(i) the results of the program in terms of ‘‘(II) applicable crew members are suffi- ‘‘(I) onboard liquid and solid handling and observer effectiveness, optimal coverage, en- ciently trained and competent to comply processing systems; vironmental benefits, and cruise ship co- with requirements under this subsection, in- ‘‘(II) onboard environmental treatment operation; cluding sufficient training and competence— systems; ‘‘(ii) recommendations for increased effec- ‘‘(aa) to effectively operate shipboard pol- ‘‘(III) use of shore-based treatment and tiveness, including increased training needs lution control systems; storage facilities; and increased equipment needs; and ‘‘(bb) to conduct all necessary sampling ‘‘(IV) discharges and discharge practices; ‘‘(iii) other recommendations for improve- and testing; and and ment of the program. ‘‘(cc) to monitor and comply with record- ‘‘(V) documents relating to environmental ‘‘(6) REWARDS.— ing requirements; compliance, including— ‘‘(A) PAYMENTS TO INDIVIDUALS.—

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10641 ‘‘(i) IN GENERAL.—The Administrator or a ‘‘(ii) AMOUNTS.—The Fund shall consist of 2000, I joined Senator BAYH in spon- court of competent jurisdiction, as the case such amounts as are deposited in the Fund soring the Protecting Seniors from may be, may order payment, from a civil under subparagraph (B)(vi). Fraud Act, which was signed into law penalty or criminal fine collected for a viola- ‘‘(iii) AVAILABILITY AND USE OF AMOUNTS IN nearly nine years ago today. A key pro- FUND.—Amounts in the Fund shall be— tion of this subsection, of an amount not to vision that I worked to incorporate exceed 1⁄2 of the amount of the civil penalty ‘‘(I) available to the Administrator and the or criminal fine, to any individual who fur- Commandant as provided in appropriations into that legislation required the At- nishes information that leads to the pay- Acts; and torney General to conduct a study of ment of the civil penalty or criminal fine. ‘‘(II) used by the Administrator and the crime against seniors and to include ‘‘(ii) MULTIPLE INDIVIDUALS.—If 2 or more Commandant only for purposes of carrying specific information about crimes that individuals provide information described in out this subsection. disproportionately affect seniors in the clause (i), the amount available for payment ‘‘(B) FEES ON CRUISE VESSELS.— National Crime Victimization Survey. ‘‘(i) IN GENERAL.—The Commandant and as a reward shall be divided equitably among the Administrator shall establish and collect The information collected as a result the individuals. from each cruise vessel a reasonable and ap- of those provisions has been valuable in ‘‘(iii) INELIGIBLE INDIVIDUALS.—No officer propriate fee for each paying passenger on a understanding the scope of crime per- or employee of the United States, a State, or cruise vessel voyage, for use in carrying out petrated against seniors and how best an Indian tribe who furnishes information or this subsection. renders service in the performance of the of- to combat it. In 2003, I sought further ‘‘(ii) ADJUSTMENT OF FEE.— ficial duties of the officer or employee shall protections by introducing the Seniors ‘‘(I) IN GENERAL.—The Commandant and Safety Act. That bill aimed to be eligible for a reward payment under this the Administrator shall biennially adjust the paragraph. amount of the fee established under clause strengthen enforcement of many of the ‘‘(B) PAYMENTS TO INDIAN TRIBES.—The Ad- (i) to reflect changes in the Consumer Price most prevalent crimes perpetrated ministrator or a court of competent jurisdic- Index for All Urban Consumers published by against seniors, including health care tion, as the case may be, may order pay- the Department of Labor during the most re- fraud, nursing home abuse, tele- ment, from a civil penalty or criminal fine cent 2-year period for which data are avail- marketing fraud, and pension fraud. collected for a violation of this subsection, able. The Elder Abuse Victims Act builds to an Indian tribe providing information or ‘‘(II) ROUNDING.—The Commandant and the on these earlier efforts and ensures investigative assistance that leads to pay- Administrator may round an adjustment that fighting the abuse and exploi- ment of the penalty or fine, of an amount under subclause (I) to the nearest 1/10 of a that reflects the level of information or in- dollar. tation of our seniors is a top law en- vestigative assistance provided. ‘‘(iii) FACTORS IN ESTABLISHING FEES.— forcement priority. Specifically, the ‘‘(C) PAYMENTS DIVIDED AMONG INDIAN ‘‘(I) IN GENERAL.—In establishing fees bill provides grants to train prosecu- TRIBES AND INDIVIDUALS.—In a case in which under clause (i), the Commandant and Ad- tors and establish elder justice units an Indian tribe and an individual under sub- ministrator may establish lower levels of within State and local courts and law paragraph (A) are eligible to receive a re- fees and the maximum amount of fees for enforcement offices. It also requires ward payment under this paragraph, the Ad- certain classes of cruise vessels based on— the U.S. Department of Justice to fur- ministrator or the court shall divide the ‘‘(aa) size; ther study state and local enforcement amount available for the reward equitably ‘‘(bb) economic share; and among those recipients. ‘‘(cc) such other factors as are determined of elder abuse laws and establish more ‘‘(7) LIABILITY IN REM.—A cruise vessel op- to be appropriate by the Commandant and uniform procedures to improve the erated in violation of this subsection or any the Administrator. identification and handling of elder regulation promulgated under this sub- ‘‘(iv) FEE SCHEDULES.—Any fee schedule es- justice matters. Additionally, the bill section— tablished under clause (i), including the level provides funding for elder abuse vic- ‘‘(A) shall be liable in rem for any civil of fees and the maximum amount of fees, tims advocacy groups to ensure that penalty or criminal fine imposed for the vio- shall take into account— vulnerable seniors have access to crit- lation; and ‘‘(I) cruise vessel routes; ical support services. ‘‘(II) the frequency of stops at ports of call ‘‘(B) may be subject to a proceeding insti- It is particularly important that we tuted in any United States district court of by cruise vessels; and competent jurisdiction. ‘‘(III) other applicable considerations. strengthen our ability to protect older ‘‘(8) PERMIT REQUIREMENT.—A cruise vessel ‘‘(v) COLLECTION OF FEES.—A fee estab- Americans because they are the most may operate in the waters of the United lished under clause (i) shall be collected by rapidly growing population group in States, or visit a port or place under the ju- the Administrator or the Commandant from our society, making them an ever more risdiction of the United States, only if the the owner or operator of each cruise vessel attractive target for criminals. The De- cruise vessel has been issued a permit under to which this subsection applies. partment of Health and Human Serv- this section. By Mr. KOHL (for himself, Ms. ices has predicted that the number of ‘‘(9) NONAPPLICABILITY OF CERTAIN PROVI- older Americans will grow from 13 per- MIKULSKI, Mr. LEMIEUX, and SIONS.—Paragraphs (6)(A) and (12)(B) of sec- cent of the U.S. population in 2000 to 20 tion 502 shall not apply to any cruise vessel. Mr. LEAHY): percent by 2030. In Vermont, seniors ‘‘(10) STATUTORY OR COMMON LAW RIGHTS S. 1821. A bill to protect seniors in NOT RESTRICTED.—Nothing in this sub- the United States from elder abuse by comprise about 12 percent of the popu- section— establishing specialized elder abuse lation, a number that is expected to in- ‘‘(A) restricts the rights of any person (or prosecution and research programs and crease to 20 percent by 2025. class of persons) to regulate or seek enforce- activities to aid victims of elder abuse, The growing number of older Ameri- ment or other relief (including relief against to provide training to prosecutors and cans demands that we have enough ad- the Administrator or Commandant) under other law enforcement related to elder vocacy programs and law enforcement any statute or common law; services in place to protect our seniors. ‘‘(B) affects the right of any person (or abuse prevention and protection, to es- tablish programs that provide for We all deserve to age with dignity, free class of persons) to regulate or seek enforce- of the threat of abuse or fraud. The ment or other relief with regard to vessels emergency crisis response teams to other than cruise vessels under any statute combat elder abuse, and for other pur- Elder Abuse Victims Act can help by or common law; or poses; to the Committee on the Judici- giving our justice system the tools it ‘‘(C) affects the right of any person (or ary. needs to prosecute offenders who prey class of persons) under any statute or com- Mr. LEAHY. Mr. President, today I on the elderly. I look forward to work- mon law, including this Act, to regulate or am proud to join Senators KOHL, MI- ing with Senators KOHL, MIKULSKI, seek enforcement or other relief with regard KULSKI, and LEMIEUX to introduce the LEMIEUX, and others to better protect to pollutants or emission streams from Elder Abuse Victims Act of 2009, a bill seniors from crime and abuse. cruise vessels that are not otherwise regu- to protect older Americans from abuse lated under this subsection. and exploitation. It is clear that we are By Mr. MERKLEY (for himself ‘‘(11) ESTABLISHMENT OF FUND; FEES.— not doing enough to combat crime and Mrs. BOXER): ‘‘(A) CRUISE VESSEL POLLUTION CONTROL S. 1822. A bill to amend the Emer- FUND.— against seniors, and the Elder Abuse gency Economic Stabilization Act of ‘‘(i) ESTABLISHMENT.—There is established Victims Act will give us important in the general fund of the Treasury a sepa- tools to better prevent and punish this 2008, with respect to considerations of rate account, to be known as the ‘Cruise Ves- deplorable behavior. the Secretary of the Treasury in pro- sel Pollution Control Fund’ (referred to in I have long fought to improve and viding assistance under that Act, and this paragraph as the ‘Fund’). protect the lives of older Americans. In for other purposes; to the Committee

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.031 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10642 CONGRESSIONAL RECORD — SENATE October 21, 2009 on Banking, Housing, and Urban Af- By Ms. COLLINS (for herself, Mr. creasing energy consumption, as well fairs. LIEBERMAN, and Mr. CARPER): as have greater incentives to under- Mr. MERKLEY. Mr. President, I join S. 1830. A bill to establish the Chief take initiatives to meet energy reduc- today with Senator BOXER of California of Conservation Officers Council to im- tion mandates. to introduce legislation that will help prove the energy efficiencies of Federal The Obama administration issued an create jobs by getting credit flowing to agencies, and for other purposes; to the Executive Order earlier this month, small businesses and consumers. Committee on Homeland Security and which makes strides in establishing a Small businesses employ half of the Governmental Affairs. more integrated strategy toward sus- Nation’s workforce and are key to cre- Ms. COLLINS. Mr. President I rise to tainability and energy efficiency. This Executive Order, however, does ating jobs. Sadly, they have been hit introduce a bill that would improve the not go far enough in providing agency hard by the credit crisis. Less than Federal Government’s efforts to be- officials with the authority and ac- one-third of small businesses report come more energy efficient and ensure countability necessary to enforce ap- that their credit needs are being met accountability within executive branch plicable efficiency mandates. The Exec- today, and 59 percent of them now rely agencies for meeting energy efficiency utive Order directs each agency head to on credit cards to finance their daily targets. The legislation would also designate an ‘‘Agency Senior Sustain- operations, up from 44 percent at the amend Federal contracting rules to en- courage energy efficiency across the ability Officer’’ from among the agen- end of last year. We urgently need to Federal, State, and local governments cy’s senior management officials. This speed credit to small businesses so that by making energy-saving technologies position is too similar to the agency they can create jobs and grow the econ- more widely available and at lower environmental executives created by omy. The best way to do so is through costs to taxpayers. I am pleased to be Executive Order in 2007, which did very the thousands of community banks lo- joined by Senators LIEBERMAN and little to improve agencies’ compliance cated across our Nation. CARPER on this important bill. with applicable laws. Community banks are essential to As the largest institutional user of Our legislation, however, would cre- small business lending. Our Nation’s energy in the world, the Federal Gov- ate a Chief Conservation Officer within 7,500 community banks of under $1 bil- ernment has ample opportunity to im- each agency. The officer would be lion in assets hold 11 percent of our Na- plement energy efficiency policies and drawn from career Senior Executives. tion’s assets, but they make 38 percent technologies. According to the U.S. De- These officers will help spur long-term of our Nation’s small business loans by partment of Energy’s Federal Energy leadership on this issue. asset. Due to the current economic re- Management Program, the Federal In contrast to the Executive Order, cession, these responsible, well-regu- Government consumes 1.6 percent of implementing energy efficiency and lated institutions have seen their cap- the Nation’s total energy—about $17.5 sustainability policies would also be ital bases shrunk and have been forced billion in annual energy costs. Elec- the primary responsibility of this indi- to reduce lending, which negatively tricity at Federal buildings accounts vidual. Dedicating a senior-level career impacts surrounding businesses and for almost half of this usage. official to energy efficiency policy communities. These institutions can Improving energy efficiency is not would improve the government’s focus help us turn our economy around if we only good for the environment; it can on implementation of existing laws and give them the capital they need to in- also produce savings for taxpayers. policies, enhance innovation, and help crease the flow of credit to small busi- Agencies that have been more aggres- identify future initiatives. nesses and entrepreneurs. sive in implementing energy savings The Chief Conservation Officer would The Bank on Our Communities Act initiatives and have fully complied also be responsible for incorporating will help get capital to community with existing laws and regulations environmental considerations into banks—on the condition that they re- have also enjoyed significant cost sav- agency procurement practices. This in- start lending. The bill empowers the ings. For example, two of the Depart- volvement will encourage efficiency Secretary of the Treasury to redeploy ment of Energy laboratories have de- improvements in the agency’s procure- up to $15 billion in TARP into a new veloped environmental management ment of goods and services. Community Credit Renewal Fund. systems, which have shown a total of To improve the availability of effi- Community banks of $5 billion in as- $16.6 million in cost savings and avoid- ciency technologies and help lower sets or less can qualify for investment ance within a 4-year period. Environ- their costs, the bill would make several improvements in government procure- by the Fund if they conduct an inter- mental management systems are a ment policies. nal stress test to determine the strategic approach to ensuring that an organization’s environmental priorities Specifically, the bill would allow amount of capital they need to remain state and local government to purchase well-capitalized during adverse eco- are integrated into operational, plan- ning, and management decisions. The ‘‘green’’ commodities and services off nomic conditions and restart small the General Services Administration business and consumer lending and systems these laboratories developed emphasized achieving full compliance, Schedule. This procurement authority raise at least 50 percent of that target would help State and local govern- recapitalization amount from private pollution prevention, and effective and focused communications and commu- ments reduce the administrative costs investors. Once in receipt of their new of negotiating their own contracts and capital, participating banks would be nity outreach. Over the last few decades, more than would increase competition and lower required to increase small business and a dozen laws, regulations, and Execu- costs. Federal agencies should also consumer lending by at least the tive Orders have been implemented to reap the benefits of this program as amount provided by the Fund and to encourage energy efficiency and reduce more goods and services become avail- increase small business lending in par- environmental impacts of government able at reduced costs. ticular by at least 5 percent over the operations. Unfortunately, agencies Participation in the program would lowest point in 2009. Additional incen- have been inconsistent and sporadic in be voluntary for State and local gov- tives are given to increase lending to meeting their environmental goals. ernments, as well as vendors. The pro- credit-worthy businesses above the The lack of a unified effort and ac- posal would also provide small busi- minimum levels required for program countability with agencies has under- nesses with ‘‘green’’ products more effi- participation. mined the good intentions of these cient access to State and local mar- This bill is common sense legislation policies. kets, markets that geography and cost with common sense values. It will give A great variance exists across the might otherwise foreclose. For com- the folks on Main Street the same ac- government, both in terms of compli- parison sake, 80 percent of GSA Sched- cess and opportunity as those on Wall ance with energy efficiency laws and ule contracts are with small busi- Street and create much needed jobs in regulations, as well as with initiatives nesses. the process. I ask that my colleagues individual agencies have developed to Over the next 5 years, the legislation join me in the effort to help small busi- reduce energy usage. would also allow agencies to enter into nesses thrive in our local communities Agencies should explore diverse and power purchase agreements for elec- and get our economy back on track. innovative ways to save money by de- tricity produced by renewable energy

VerDate Nov 24 2008 01:39 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.033 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10643 sources. These agreements could last our economy is pressured and hurting, These four sources are capable of sup- not more than 20 years and agencies when we need to create jobs, I encour- plying millions of animals for research, would need to assess that the agree- age my colleagues to support this bill. far more cats and dogs than are re- ment would be cost effective before en- Last Congress, this bill came out of the quired by current laboratory demand. tering into them. Small Business Committee in a totally A May 2009 study conducted by the We know from examples such as the bipartisan fashion and it is my hope National Academies, ‘‘Scientific and solar power system at Nellis Air Force that this time we complete the process. Humane Issues in the Use of Random Base what a well-designed public-pri- Source Dogs and Cats in Research’’ vate partnership can accomplish, if ex- By Mr. AKAKA (for himself, Ms. found that while some random-source ecuted correctly. This project cost the COLLINS, Mr. LEVIN, Mr. LAU- dogs and cats may be necessary and de- Air Force less than $100,000 in capital TENBERG, and Mr. MENENDEZ): sirable for research that is funded by costs, yet saved the government more S. 1834. A bill to amend the Animal the National Institute of Health, NIH, than $1.2 million in its first year of op- Welfare Act to ensure that all dogs and Class B dealers are not necessary to eration by supplying 1⁄4 of the total cats used by research facilities are ob- supply such animals for NIH funded re- power used at the base, where 12,000 tained legally; to the Committee on search. Further this report makes clear people live and work. Additionally, the Agriculture, Nutrition, and Forestry. that there are sufficient, alternative project is expected to reduce carbon Mr. AKAKA. Mr. President, today I sources to acquire animals with char- emissions by 24,000 tons annually. introduce the Pet Safety and Protec- acteristics similar to animals provided Finally, the bill would expand the tion Act of 2009. The legislation by Class B dealers. As there are legiti- definition of renewable energy in Fed- amends the Animal Welfare Act to en- mate sources of such animals, the re- eral purchase requirements beyond sure that all companion animals such port leave little doubt that Class B electricity. Under the current defini- as dogs and cats used by research fa- dealers are no longer necessary. tion, agencies cannot take advantage cilities are obtained legally. I am In light of this recent report, this bill of ‘‘green’’ technologies like geo- pleased to be joined by a number of my is an appropriate and feasible action, thermal energy because geo-thermal colleagues, serving as cosponsors of the as alternatives to Class B dealers do energy is not considered electric. legislation including Senator SUSAN exist to meet research needs. This bill By promoting accountability for COLLINS, Senator FRANK LAUTENBERG, does not address the larger issue of meeting existing energy efficiency Senator CARL LEVIN, and Senator ROB- whether animals should or should not mandates and by encouraging initia- ERT MENENDEZ. be used in research facilities. In fact, tives to decrease energy usage and spur More than 40 years ago, Congress this bill does not impair or impede re- innovation, this bill would help passed the Animal Welfare Act, AWA, search. Medical research is one of our ‘‘green’’ our federal operations. The as- to stop the mistreatment of animals primary tools in the discovery of new sociated savings should improve our and to prevent the unintentional sale drugs and surgical techniques that help government’s bottom line—to the ben- of family pets for laboratory experi- develop cures for life-threatening dis- efit of taxpayers. ments. While the AWA has helped to eases and animal research has been, safeguard animals across the country, and continues to be, a fundamental By Mr. KERRY: we still find that the Act does not ade- part of scientific advancements. In- S. 1831. A bill to amend the Small quately provide pets and pet owners stead, this legislation targets the un- Business Investment Act of 1958 to re- with reliable protection against the ac- ethical practice of selling stolen pets authorize the venture capital program, tion of some unethical Class B dealers. and stray animals to research facilities and for other purposes; to the Com- Of the eleven Class B dealers licensed by ending the fraudulent practices of mittee on Small Business and Entre- by the Department of Agriculture, Class B dealers, as well as the unneces- preneurship. USDA, to sell live dogs and cats for ex- sary suffering of animals in their care. Mr. KERRY. Mr. President, our coun- perimentation, one has been issued to a I urge my colleagues to support this try’s small businesses continue to 5-year license suspension. and seven important legislation. struggle with access to credit and cap- others are under investigation for ap- Mr. President, I ask unanimous con- ital for maintaining and growing their parent violations of the AWA. sent that a letter of support be printed businesses. Small businesses are the Despite new enforcement guidelines in the RECORD. engine of our economy and a key factor and intensified inspection efforts by There being no objection, the mate- in addressing unemployment. They em- USDA, it is nearly impossible to assure rial was ordered to be printed in the ploy more than half of all private sec- that stolen or lost pets will not enter RECORD, as follows: tor employees and have generated ap- research laboratories via the Class B ANIMAL WELFARE INSTITUTE, proximately 64 percent of the net new dealer system. Each year, hundreds of Washington, DC, October 19, 2009. jobs over the past 15 years. We should thousands of dollars are spent on regu- Hon. DANIEL AKAKA, be doing more to aid small businesses lating Class B dealers. Enactment of U.S. Senate, Hart Senate Office Building, so they can not only stay on their feet the Pet Safety and Protection Act Washington, DC. but also flourish to their full potential. helps reduce the Department of Agri- DEAR SENATOR AKAKA: We want to thank That is why I am reintroducing the culture’s regulatory burden by allow- you for reintroducing the Pet Safety and Protection Act. For too long, Class B dealers Small Business Venture Capital Act, ing the Department to use its resources who sell dogs and cats to research labora- which reauthorizes the New Markets more efficiently and effectively. In tories have flouted the Animal Welfare Act, Venture Capital Program and promotes order to combat any future violations acquiring animals through theft and fraud, geographic equity so businesses across of the AWA, this bill increases the pen- lying about the origins of the animals, and the country may benefit from the pro- alties under the Act to a minimum of keeping them in inhumane conditions. De- gram. This program addresses the mar- $1,000 per violation, in addition to any spite the hundreds of thousands of tax dol- ket gap in venture capital for compa- other existing penalties. lars that the U.S. Department of Agriculture nies located in low- and moderate-in- My legislation promotes humane spends trying to regulate Class B dealers, the agency cannot guarantee that dogs and cats come, rural, and urban areas—i.e., high treatment of animals and preserves the are not being illegally acquired for use in ex- unemployment areas—as well as the integrity of research laboratories to periments. need for smaller deals that neither tra- obtain animals from legitimate A May 2009 report from the National Acad- ditional venture funds nor the SBIC sources, while complying with the emy of Sciences supports the position that Program will make. It has proven suc- AWA. Such legitimate sources include this bill will not have an adverse impact on cessful so far, and we need more com- USDA-licensed Class A dealers or the conduct of research. In addressing the munity development venture capital to breeders; municipal pounds that choose question of whether Class B dealers are need- create sustainable, high-quality, local to release dogs and cats for research ed to supply NIH-sponsored research with random source animals, the NAS concluded jobs. purposes; legitimate pet owners who that they are not. It found that animals with Without this Government partner- want to donate their animals to re- similar qualities are available from alter- ship, these investments are not going search; and private and Federal facili- native sources. ‘‘The Committee therefore to be done. Particularly at a time when ties that breed their own animals. determined Class B dealers are not necessary

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.039 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10644 CONGRESSIONAL RECORD — SENATE October 21, 2009 as providers of random source animals for Cowboy Hall of Fame as a ‘‘Great West- Jemal were all condemned to death for their NIH-related research.’’ In fact, many re- erner;’’ crimes, but, the verdicts of the courts were searchers do not use Class B dealers to ac- Whereas Cliff Hansen served as governor of not enforced. quire dogs and cats, and it is time for the re- the State of Wyoming from 1963–1967; (7) The Armenian Genocide and these do- mainder who do to end their embarrassing Whereas Cliff Hansen served the people of mestic judicial failures are documented with association with these habitual violators of Wyoming with distinction in the United overwhelming evidence in the national ar- the law. States Senate from 1967–1978; and chives of Austria, France, Germany, Great We are grateful to you for again taking on Whereas Cliff Hansen was the oldest former Britain, Russia, the United States, the Vati- the important job of ensuring the safety of Senator at the time of his death: Now, there- can and many other countries, and this vast companion animals. We will do all that we fore be it body of evidence attests to the same facts, can to achieve passage of this bill. Please Resolved, That the Senate has heard with the same events, and the same consequences. contact me at 202–446–2121 or Lauren Silver- profound sorrow and deep regret the an- (8) The United States National Archives man at the Humane Society of the U.S. if we nouncement of the death of the Honorable and Record Administration holds extensive can be of further assistance. Cliff Hansen, former member of the United and thorough documentation on the Arme- With much appreciation, States Senate. nian Genocide, especially in its holdings CATHY LISS, Resolved, That the Secretary of the Senate under Record Group 59 of the United States President. communicate these resolutions to the House Department of State, files 867.00 and 867.40, which are open and widely available to the On behalf of: American Society for the Pre- of Representatives and transmit an enrolled public and interested institutions. vention of Cruelty to Animals, Animal Wel- copy thereof to the family of the deceased. fare Institute, Born Free USA Humane Soci- (9) The Honorable Henry Morgenthau, Resolved, That when the Senate adjourns United States Ambassador to the Ottoman ety of the United States In Defense of Ani- today, it stand adjourned as a further mark mals, International Fund for Animal Welfare Empire from 1913 to 1916, organized and led of respect to the memory of the Honorable protests by officials of many countries, Last Chance for Animals Massachusetts So- Cliff Hansen. ciety for the Prevention of Cruelty to Ani- among them the allies of the Ottoman Em- mals Physicians Committee for Responsible f pire, against the Armenian Genocide. (10) Ambassador Morgenthau explicitly de- Medicine World Society for the Protection of SENATE RESOLUTION 316—CALL- scribed to the Department of State the pol- Animals. ING UPON THE PRESIDENT TO icy of the Government of the Ottoman Em- f ENSURE THAT THE FOREIGN pire as ‘‘a campaign of race extermination,’’ SUBMITTED RESOLUTIONS POLICY OF THE UNITED STATES and was instructed on July 16, 1915, by Sec- REFLECTS APPROPRIATE UN- retary of State Robert Lansing that the ‘‘De- DERSTANDING AND SENSITIVITY partment approves your procedure . . . to stop Armenian persecution’’. SENATE RESOLUTION 315—REL- CONCERNING ISSUES RELATED (11) Senate Concurrent Resolution 12, 64th ATIVE TO THE DEATH OF TO HUMAN RIGHTS, ETHNIC Congress, agreed to February 9, 1916, re- CLIFFORD PETER HANSEN, CLEANSING, AND GENOCIDE DOC- solved that ‘‘the President of the United FORMER UNITED STATES SEN- UMENTED IN THE UNITED States be respectfully asked to designate a ATOR FOR THE STATE OF WYO- STATES RECORD RELATING TO day on which the citizens of this country MING THE ARMENIAN GENOCIDE, AND may give expression to their sympathy by contributing funds now being raised for the Mr. ENZI (for himself, Mr. BARRASSO, FOR OTHER PURPOSES relief of the Armenians,’’ who at the time Mr. REID, Mr. MCCONNELL, Mr. AKAKA, Mr. MENENDEZ (for himself and Mr. were enduring ‘‘starvation, disease, and un- Mr. ALEXANDER, Mr. BAUCUS, Mr. BAYH, ENSIGN) submitted the following reso- told suffering’’. Mr. BEGICH, Mr. BENNET, Mr. BENNETT, lution; which was referred to the Com- (12) President Woodrow Wilson concurred and also encouraged the formation of the or- Mr. BINGAMAN, Mr. BOND, Mrs. BOXER, mittee on Foreign Relations: ganization known as Near East Relief, char- Mr. BROWN, Mr. BROWNBACK, Mr. S. RES. 316 tered by the Act of August 6, 1919, 66th Con- BUNNING, Mr. BURR, Mr. BURRIS, Mr. Resolved, gress (41 Stat. 273, chapter 32), which con- BYRD, Ms. CANTWELL, Mr. CARDIN, Mr. tributed some $116,000,000 from 1915 to 1930 to SHORT TITLE CARPER, Mr. CASEY, Mr. CHAMBLISS, aid Armenian Genocide survivors, including SEC. 1. This resolution may be cited as the Mr. COBURN, Mr. COCHRAN, Ms. COLLINS, 132,000 orphans who became foster children of ‘‘Affirmation of the United States Record on Mr. CONRAD, Mr. CORKER, Mr. CORNYN, the American people. the Armenian Genocide Resolution’’. (13) Senate Resolution 359, 66th Congress, Mr. CRAPO, Mr. DEMINT, Mr. DODD, Mr. FINDINGS agreed to May 11, 1920, stated in part that DORGAN, Mr. DURBIN, Mr. ENSIGN, Mr. SEC. 2. The Senate finds the following: ‘‘the testimony adduced at the hearings con- FEINGOLD, Mrs. FEINSTEIN, Mr. (1) The Armenian Genocide was conceived ducted by the sub-committee of the Senate FRANKEN, Mrs. GILLIBRAND, Mr. and carried out by the Ottoman Empire from Committee on Foreign Relations have clear- GRAHAM, Mr. GRASSLEY, Mr. GREGG, 1915 to 1923, resulting in the deportation of ly established the truth of the reported mas- Mrs. HAGAN, Mr. HARKIN, Mr. HATCH, nearly 2,000,000 Armenians, of whom 1,500,000 sacres and other atrocities from which the Mrs. HUTCHISON, Mr. INHOFE, Mr. men, women, and children were killed, Armenian people have suffered’’. (14) The resolution followed the April 13, 500,000 survivors were expelled from their INOUYE, Mr. ISAKSON, Mr. JOHANNS, Mr. 1920, report to the Senate of the American homes, and the elimination of the over 2,500- JOHNSON, Mr. KAUFMAN, Mr. KERRY, Military Mission to Armenia led by General year presence of Armenians in their historic Mr. KIRK, Ms. KLOBUCHAR, Mr. KOHL, James Harbord, that stated ‘‘[m]utilation, homeland. Mr. KYL, Ms. LANDRIEU, Mr. LAUTEN- violation, torture, and death have left their (2) On May 24, 1915, the Allied Powers of BERG, Mr. LEAHY, Mr. LEMIEUX, Mr. haunting memories in a hundred beautiful England, France, and Russia, jointly issued a Armenian valleys, and the traveler in that LEVIN, Mr. LIEBERMAN, Mrs. LINCOLN, statement explicitly charging for the first Mr. LUGAR, Mr. MCCAIN, Mrs. region is seldom free from the evidence of time ever another government of commit- this most colossal crime of all the ages’’. MCCASKILL, Mr. MENENDEZ, Mr. ting ‘‘a crime against humanity’’. (15) As displayed in the United States Hol- MERKLEY, Ms. MIKULSKI, Ms. MUR- (3) This joint statement stated that ‘‘the ocaust Memorial Museum, Adolf Hitler, on KOWSKI, Mrs. MURRAY, Mr. NELSON of Allied Governments announce publicly to ordering his military commanders to attack Nebraska, Mr. NELSON of Florida, Mr. the Sublime Porte that they will hold per- Poland without provocation in 1939, dis- PRYOR, Mr. REED, Mr. RISCH, Mr. ROB- sonally responsible for these crimes all mem- missed objections by saying ‘‘[w]ho, after all, bers of the Ottoman Government, as well as ERTS, Mr. ROCKEFELLER, Mr. SANDERS, speaks today of the annihilation of the Ar- those of their agents who are implicated in Mr. SCHUMER, Mr. SESSIONS, Mrs. menians?’’ and thus set the stage for the Hol- such massacres’’. ocaust. SHAHEEN, Mr. SHELBY, Ms. SNOWE, Mr. (4) The post-World War I Turkish Govern- (16) Raphael Lemkin, who coined the term SPECTER, Ms. STABENOW, Mr. TESTER, ment indicted the top leaders involved in the ‘‘genocide’’ in 1944, and who was the earliest Mr. THUNE, Mr. UDALL of Colorado, Mr. ‘‘organization and execution’’ of the Arme- proponent of the United Nations Convention UDALL of New Mexico, Mr. VITTER, Mr. nian Genocide and in the ‘‘massacre and de- on the Prevention and Punishment of Geno- VOINOVICH, Mr. WARNER, Mr. WEBB, Mr. struction of the Armenians’’. cide, invoked the Armenian case as a defini- WHITEHOUSE, Mr. WICKER, and Mr. (5) In a series of courts-martial, officials of tive example of genocide in the 20th century. the Young Turk Regime were tried and con- WYDEN) submitted the following reso- (17) The first resolution on genocide adopt- victed, as charged, for organizing and exe- lution; which was considered and ed by the United Nations at Mr. Lemkin’s cuting massacres against the Armenian peo- urging, the December 11, 1946, United Na- agreed to: ple. tions General Assembly Resolution 96(1), and S. RES. 315 (6) The chief organizers of the Armenian the United Nations Convention on the Pre- Whereas Cliff Hansen worked as a cattle Genocide, Minister of War Enver, Minister of vention and Punishment of Genocide recog- rancher and was inducted into the National the Interior Talaat, and Minister of the Navy nized the Armenian Genocide as the type of

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crime the United Nations intended to pre- United States, noted that the assertion on S. RES. 317 vent and punish by codifying existing stand- ambiguity in the United States record about Whereas the President has designated Oc- ards. the Armenian Genocide ‘‘contradicted long- tober 2009 as ‘‘National Domestic Violence (18) In 1948, the United Nations War Crimes standing United States policy and was even- Awareness Month’’; Commission invoked the Armenian Geno- tually retracted’’. Whereas domestic violence affects people cide, ‘‘precisely . . . one of the types of acts (27) On June 5, 1996, the House of Rep- of all ages as well as racial, ethnic, gender, which the modern term ‘crimes against hu- resentatives adopted an amendment to economic, and religious backgrounds; manity’ is intended to cover,’’ as a precedent House Bill 3540, 104th Congress (the Foreign Whereas females are disproportionately for the Nuremberg tribunals. Operations, Export Financing, and Related victims of domestic violence, and 1 in 4 (19) The Commission stated that ‘‘[t]he Programs Appropriations Act, 1997), to re- women will experience domestic violence at provisions of Article 230 of the Peace Treaty duce aid to Turkey by $3,000,000 (an estimate some point in her life; of Sevres were obviously intended to cover, of its payment of lobbying fees in the United Whereas on average, more than 3 women in conformity with the Allied note of 1915 States) until the Government of Turkey ac- are murdered by their husbands or boy- . . ., offenses which had been committed on knowledged the Armenian Genocide and took friends in the United States every day; Turkish territory against persons of Turkish steps to honor the memory of its victims. Whereas in 2005, 1,181 women were mur- citizenship, though of Armenian or Greek (28) President William Jefferson Clinton, dered by an intimate partner constituting 78 race. This article constitutes therefore a on April 24, 1998, stated: ‘‘This year, as in the percent of all intimate partner homicides precedent for Article 6c and 5c of the Nurem- past, we join with Armenian-Americans that year; berg and Tokyo Charters, and offers an ex- throughout the nation in commemorating Whereas a 2001 study by the Centers for ample of one of the categories of ‘crimes one of the saddest chapters in the history of Disease Control and Prevention found that against humanity’ as understood by these this century, the deportations and massacres female intimate partners are more likely to enactments’’. of a million and a half Armenians in the be murdered with a firearm than all other (20) House Joint Resolution 148, 94th Con- Ottoman Empire in the years 1915–1923.’’. means combined; gress, adopted on April 8, 1975, resolved, (29) President George W. Bush, on April 24, Whereas women ages 16 to 24 experience ‘‘That April 24, 1975, is hereby designated as 2004, stated: ‘‘On this day, we pause in re- the highest rates, per capita, of intimate ‘National Day of Remembrance of Man’s In- membrance of one of the most horrible trag- partner violence; humanity to Man’, and the President of the edies of the 20th century, the annihilation of Whereas 1 out of 3 Native American women United States is authorized and requested to as many as 1,500,000 Armenians through will be raped and 6 out of 10 will be phys- issue a proclamation calling upon the people forced exile and murder at the end of the ically assaulted in their lifetimes; of the United States to observe such day as Ottoman Empire.’’. Whereas the cost of intimate partner vio- a day of remembrance for all the victims of (30) Despite the international recognition lence exceeds $5,800,000,000 each year, genocide, especially those of Armenian an- and affirmation of the Armenian Genocide, $4,100,000 of which is for direct medical and cestry . . .’’. the failure of the domestic and international mental health care services; (21) President Ronald Reagan, in proclama- authorities to punish those responsible for Whereas 1⁄4 to 1⁄2 of domestic violence vic- tion number 4838, dated April 22, 1981 (95 the Armenian Genocide is a reason why simi- tims report that they have lost a job due, at Stat. 1813), stated that, in part ‘‘[l]ike the lar genocides have recurred and may recur in least in part, to domestic violence; genocide of the Armenians before it, and the the future, and that just resolution of this Whereas the annual cost of lost produc- genocide of the Cambodians, which followed issue will help prevent future genocides. tivity due to domestic violence is estimated it—and like too many other persecutions of at $727,800,000 with over 7,900,000 paid work- DECLARATION OF POLICY too many other people—the lessons of the days lost per year; Holocaust must never be forgotten’’. SEC. 3. The Senate— Whereas some landlords deny housing to (22) House Joint Resolution 247, 98th Con- (1) calls upon the President to ensure that victims of domestic violence who have pro- gress, adopted on September 10, 1984, re- the foreign policy of the United States re- tection orders or evict victims of domestic solved, ‘‘That April 24, 1985, is hereby des- flects appropriate understanding and sensi- violence for seeking help after a domestic vi- ignated as ‘National Day of Remembrance of tivity concerning issues related to human olence incident, such as by calling 911, or Man’s Inhumanity to Man’, and the Presi- rights, ethnic cleansing, and genocide docu- who have other indications that they are do- dent of the United States is authorized and mented in the United States record relating mestic violence victims; requested to issue a proclamation calling to the Armenian Genocide and the con- Whereas 92 percent of homeless women ex- upon the people of the United States to ob- sequences of the failure to realize a just reso- perience severe physical or sexual abuse at serve such day as a day of remembrance for lution; and some point in their lifetimes; all the victims of genocide, especially the (2) calls upon the President in the Presi- Whereas approximately 40 to 60 percent of one and one-half million people of Armenian dent’s annual message commemorating the men who abuse women also abuse children; ancestry . . .’’. Armenian Genocide issued on or about April Whereas approximately 15,500,000 children (23) In August 1985, after extensive study 24, to accurately characterize the systematic are exposed to domestic violence every year; and deliberation, the United Nations Sub- and deliberate annihilation of 1,500,000 Arme- Whereas children exposed to domestic vio- Commission on Prevention of Discrimination nians as genocide and to recall the proud his- lence are more likely to attempt suicide, and Protection of Minorities voted 14 to 1 to tory of United States intervention in opposi- abuse drugs and alcohol, run away from accept a report entitled ‘‘Study of the Ques- tion to the Armenian Genocide. home, and engage in teenage prostitution; tion of the Prevention and Punishment of Whereas one large study found that men the Crime of Genocide,’’ which stated that f exposed to physical abuse, sexual abuse, and ‘‘[t]he Nazi aberration has unfortunately not adult domestic violence as children were al- been the only case of genocide in the 20th most 4 times more likely than other men to century. Among other examples which can SENATE RESOLUTION 317—SUP- have perpetrated domestic violence as be cited as qualifying are . . . the Ottoman PORTING THE GOALS AND adults; massacre of Armenians in 1915–1916’’. IDEALS OF NATIONAL DOMESTIC Whereas nearly 1,500,000 high school stu- (24) This report also explained that ‘‘[a]t VIOLENCE AWARENESS MONTH dents nationwide experienced physical abuse least 1,000,000, and possibly well over half of AND EXPRESSING THE SENSE OF from a dating partner in a single year; the Armenian population, are reliably esti- THE SENATE THAT CONGRESS Whereas 13 percent of teenage girls who mated to have been killed or death marched SHOULD CONTINUE TO RAISE have been in a relationship report being hit by independent authorities and eye-wit- or hurt by their partners and 1 in 4 teenage nesses. This is corroborated by reports in AWARENESS OF DOMESTIC VIO- girls has been in a relationship in which she United States, German and British archives LENCE IN THE UNITED STATES was pressured by her partner into performing and of contemporary diplomats in the Otto- AND ITS DEVASTATING EFFECTS sexual acts; man Empire, including those of its ally Ger- ON FAMILIES AND COMMU- Whereas adolescent girls who reported dat- many’’. NITIES, AND SUPPORT PRO- ing violence were 60 percent more likely to (25) The United States Holocaust Memorial GRAMS DESIGNED TO END DO- report one or more suicide attempts in the Council, an independent Federal agency, MESTIC VIOLENCE. past year; unanimously resolved on April 30, 1981, that Whereas there is a need for middle schools, the United States Holocaust Memorial Mu- Ms. KLOBUCHAR (for herself, Mr. secondary schools, and post-secondary seum would include the Armenian Genocide LEAHY, Mr. KOHL, Mr. FEINGOLD, Mrs. schools to educate students about the issues in the Museum and has since done so. GILLIBRAND, Mr. CRAPO, Ms. COLLINS, of domestic violence, sexual assault, dating (26) Reviewing an aberrant 1982 expression Mr. SPECTER, Ms. LANDRIEU, Ms. violence, and stalking; (later retracted) by the Department of State Whereas 88 percent of men in a national STABENOW, Mr. KAUFMAN, Mr. DURBIN, asserting that the facts of the Armenian poll reported that they think that our soci- Genocide may be ambiguous, the United Mr. BROWN, and Mr. BURRIS) submitted ety should do more to respect women and States Court of Appeals for the District of the following resolution; which was re- girls; Columbia in 1993, after a review of docu- ferred to the Committee on the Judici- Whereas a recently released multi-State ments pertaining to the policy record of the ary: study shows conclusively that the Nation’s

VerDate Nov 24 2008 03:33 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.037 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10646 CONGRESSIONAL RECORD — SENATE October 21, 2009 domestic violence shelters are addressing This happened last month in our inflicts a real trauma on kids that can victims’ urgent and long-term needs and are State. This looks like a murder-sui- have damaging effects for years to helping victims protect themselves and their cide. Of course, it looks like Allen come. In many respects, ending the children; killed Pam before finally turning the cycle of violence in communities be- Whereas a 2008 National Census Survey re- ported that 60,799 adults and children were gun on himself. But we do not need to gins by getting violence out of the served by domestic violence shelters and pro- speculate about the final end order to home because a violent home is, in grams around the Nation in a single day; focus on the sad prelude to this story— fact, a factory for producing a new gen- Whereas those same understaffed programs so many previous 911 calls, so many eration of violent offenders. were unable to meet 8,927 requests for help earlier acts of violence, yet another When I was a county attorney, I saw that day; victim of what some domestic violence firsthand how domestic abuse harmed Whereas there is a need to increase funding advocates have called the war at home; women and children, destroyed fami- for programs aimed at intervening and pre- a war that affected Pam, their chil- lies, and challenged local law enforce- venting domestic violence in the United ment agencies, the court system, social States; and dren, and the community at large. Whereas individuals and organizations that The most disturbing part of this service, and health care providers. We are dedicated to preventing and ending do- story is Pam’s death is not a tragic actually had a recent shooting of a mestic violence should be recognized: Now, anomaly. Pam is one of 200 Minnesota well-respected and longtime police offi- therefore, be it women killed as a result of domestic cer who was killed responding to a do- Resolved, That the Senate— violence since 2000. mestic abuse call. Both the prevention (1) supports the goals and ideals of Na- That is why I am submitting a reso- and prosecution of domestic violence tional Domestic Violence Awareness Month; lution today to designate October Na- were always among my top priorities and (2) expresses the sense of the Senate that tional Domestic Violence Awareness when I was county attorney. We had Congress should continue to raise awareness Month, because Pam Taschuk and too one of the most landmark, cutting-edge of domestic violence in the United States many other women and children have domestic abuse service centers in the and its devastating effects on families and to fight this ‘‘war at home’’ every day. country, and still do in Hennepin Coun- communities, and support programs designed In the past several decades, thanks to ty. to end domestic violence. the work of many individuals and orga- Sheila Wellstone, whom we honored Ms. KLOBUCHAR. Mr. President, I nizations, there has been a sea change this month for Domestic Violence rise to speak about an issue that has in the way our society looks at the Awareness Month, would always point been very important to me for a long issue of domestic violence. Police, the to the work in that center. It was a time, when I was a prosecutor as well courts, and the public used to consider one-stop shop. It is hard enough for as a member of the Judiciary Com- it a private family matter. Not surpris- lawyers to get through the redtape of a mittee with the Senate; that is, domes- ingly, domestic violence was the No. 1 courtroom. This was a place where a tic violence. underreported crime in the country. victim of domestic violence, man or I am here because I am submitting a Today, there is much more aware- woman, could get a protective order resolution supporting the goals and ness, and we have started to pass crit- signed, fill out a complaint, talk to a ideals of National Domestic Violence ical legislation at both the State and police officer, with a play area for chil- Awareness Month. A number of our col- Federal level to combat domestic vio- dren. Also—and this was unique for leagues are cosponsoring the resolu- lence. So there has been a lot of this center—there were representatives tion. I am also here on behalf of Pam progress, but there is still a lot more to from domestic violence shelters there Taschuk. be done. so they could find a place to live. The police in Lino Lakes, MN, knew Last year, a survey done by the Na- The other challenge I found we had in Pam Taschuk and they knew her hus- tional Network to End Domestic Vio- these cases was working with the vic- band Allen. The police knew both of lence found that in 1 day, while more tims so the case could be prosecuted them because of the dozens of 911 calls than 60,000 people received help from after they filed the complaint. That is that had been made about Mr. Allen domestic violence programs, nearly why it is so important we reauthorize over the last 15 years. He bullied his 9,000 requests for help went unanswered the Violence Against Women Act. It wife, their sons, and other people so because the resources were not there. was landmark legislation when it was many times that local police had set up The current statistics are staggering. passed over 15 years ago. It has helped a special tactical response plan just to Currently, one in four women will ex- respond to calls at the Taschuk house. to train police so they do a better job Pam Taschuk was not your ordinary perience abuse. More than three women dealing with victims and children of domestic violence victim, if there is are killed every day by their husbands domestic violence. It also gives them a such a thing. She was actually a juve- or boyfriends. Millions of children wit- sense, when they go to the scene, of the nile probation officer and so many po- ness abuse every year, some studies say kind of evidence they should look for. lice I know in Minnesota knew her. as many as 10 million children. Many times victims get scared and de- They worked with her. She was a long- I remember the cases we had when I cide not to prosecute. We have had time probation officer and had worked was county attorney for Hennepin many cases where we could prosecute in the field for years. She was also a so- County. When we looked at the records with a reticent victim simply because cial worker. So it goes to show you of someone who was an offender, we of the evidence police were able to anyone can be a victim of domestic vi- would find way back in the records gather at the scene. olence. that they lived in a home where there The Violence Against Women Act In January of 2008, Pam called the was domestic violence. In fact, statis- created a new culture for police offi- police and reported that her husband tics show that a child who grows up in cers, judges, and those who work in the had threatened to kill her, that Allen a home where there is domestic vio- courthouse to treat this crime as the Taschuk had threatened to kill her. On lence is 76 times more likely to commit serious crime it is. It is a very impor- August 25 of this year, Allen Taschuk an act of domestic violence. That is tant tool, and it must be reauthorized. bloodied Pam’s nose, split her lip, and why we had a poster framed in the hall- As a member of the Judiciary Com- trapped her in their home overnight. way of our office. It was a picture of a mittee and one of two women on the He was arrested, but he posted bail and woman with a Band-Aid on her nose, committee, I look forward to working was released. holding a little baby, and the words hard to reauthorize the Violence On October 1, 2009, the Lino Lakes under the picture read: ‘‘Beat your wife Against Women Act in 2010. Police Department received the last 911 and your son will go to jail.’’ During tough economic times, we call they would ever get about Allen We all must recognize as well that it need to be extra vigilant against do- Taschuk. On that day, Allen Taschuk doesn’t take a bruise or a broken bone mestic violence. Millions of Americans called 911 himself to preemptively re- for a child to be a victim of domestic have already lost their jobs, their port a shooting at his house. By the violence. Kids who witness this vio- homes, or their retirement savings. time the police arrived at his home, lence are victims too. Witnessing vio- Some have lost all three. This kind of both he and Pam Taschuk were dead of lence between adults in the home, espe- stress in the home and in the check- gunshot wounds. cially when it is repeated and ongoing, book can lead to substance abuse and

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.044 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10647 acts of violence. We need to make sure of Duluth in northern Minnesota recog- ROBERTS, Ms. STABENOW, Mr. ISAKSON, law enforcement has the tools it needs nized before the rest of the country Mr. NELSON of Nebraska, Mrs. MURRAY, to protect families. That is why in the that violence is violence, whether it is Mr. KOHL, Mr. BAUCUS, Mr. PRYOR, Ms. Economic Recovery Act, we included perpetrated by someone you love or a KLOBUCHAR, Mr. FEINGOLD, Mr. $225 million for Violence Against stranger on the street. BARRASSO, Mr. LEAHY, Ms. COLLINS, Women Programs and $100 million for We can never stop working on behalf Mr. GRASSLEY, Mr. CRAPO, Mr. BENNET, programs that are part of the Victims of women, children, and families every- and Mrs. SHAHEEN) submitted the fol- of Crime Act. We also provided critical where to end domestic violence. lowing resolution; which was consid- funding for law enforcement to keep I ask unanimous consent to add Sen- ered and agreed to: cops on the street and support law en- ator BURRIS as a cosponsor of the reso- S. RES. 319 forcement programs and services lution. Whereas the National FFA Organization is through the Byrne Grant Program. The PRESIDING OFFICER. Without a premier student leadership organization There is so much at stake, and there objection, it is so ordered. with more than 507,000 members in all 50 is so much each of us can still do to f States, Puerto Rico, and the Virgin Islands; make a difference. We have to remem- Whereas the mission of the National FFA SENATE RESOLUTION 318—SUP- ber that any act of domestic violence Organization is to make a positive difference PORTING ‘‘LIGHTS ON AFTER- hurts not only the individual victim, it in the lives of students by developing their SCHOOL’’, A NATIONAL CELEBRA- potential for leadership, personal growth, hurts their family and hurts our com- TION OF AFTERSCHOOL PRO- and career success through agricultural edu- munity at large. GRAMS cation; I will always remember a case we Whereas women were first admitted as prosecuted when I was county attorney Mr. DODD (for himself, Mr. ENSIGN, members of the National FFA Organization that brought home that point to me. It Mr. AKAKA, Mr. BAUCUS, Mr. BEGICH, in 1969 at the 42nd Annual National FFA was a very sad case. The victim was a Mrs. BOXER, Mr. CARPER, Mr. CASEY, Convention; Russian immigrant. She was very iso- Mrs. GILLIBRAND, Mr. INOUYE, Mr. LAU- Whereas, by 2009, 41 percent of all members lated from the community, didn’t have TENBERG, Mr. LEVIN, Mrs. LINCOLN, of the National FFA Organization were many friends, a victim of domestic vio- Mrs. MURRAY, Mr. NELSON of Nebraska, women, and more than 50 percent of leader- ship positions in the National FFA Organiza- Mr. SANDERS, Ms. STABENOW, Mr. lence, they later learned, over the tion were held by women; and years. Her husband murdered her one WHITEHOUSE, and Mr. SPECTER) sub- Whereas female members have made posi- day. They had a little 4-year-old girl. I mitted the following resolution; which tive contributions to the goals of the Na- don’t want to get into the gory details was considered and agreed to: tional FFA Organization, including pro- of what happened with her body, but he S. RES. 318 ficient agricultural leadership and advocacy, basically sickly brought her body to Whereas high-quality afterschool programs community citizenship, volunteerism, and another State with the 4-year-old girl provide safe, challenging, engaging, and fun cooperation: Now, therefore, be it in the back seat. He later confessed to learning experiences that help children and Resolved, That the Senate congratulates the National FFA Organization for 40 years the crime, and there was a little serv- youth develop their social, emotional, phys- ical, cultural, and academic skills; of membership by women and celebrates the ice. I say ‘‘little’’ because the only peo- achievements and contributions of female ple at the funeral service were her par- Whereas high-quality afterschool programs support working families by ensuring that members of the National FFA Organization. ents, who were from Russia, and her the children in such families are safe and f identical twin sister, the victim’s iden- productive after the regular school day ends; AMENDMENTS SUBMITTED AND tical twin sister. I was there, and the Whereas high-quality afterschool programs victim witness advocate was there. build stronger communities by involving the PROPOSED That was it. The little 4-year-old girl, I Nation’s students, parents, business leaders, SA 2696. Mrs. LINCOLN submitted an was told, had been at the airport when and adult volunteers in the lives of the Na- amendment intended to be proposed by her the plane came in from Russia to meet tion’s youth, thereby promoting positive re- to the bill S. 1776, to amend title XVIII of for the first time her grandmother and lationships among children, youth, families, the Social Security Act to provide for the and adults; her now deceased mother’s identical update under the Medicare physician fee Whereas high-quality afterschool programs schedule for years beginning with 2010 and to twin sister. engage families, schools, and diverse commu- sunset the application of the sustainable When they got off the plane and came nity partners in advancing the well-being of growth rate formula, and for other purposes; into the airport, this little girl ran the Nation’s children; which was ordered to lie on the table. across the airport and hugged that Whereas ‘‘Lights On Afterschool’’, a na- SA 2697. Mr. LEAHY submitted an amend- identical twin sister and said: Mommy, tional celebration of afterschool programs ment intended to be proposed by him to the mommy, mommy. She thought it was held on October 22, 2009, highlights the crit- bill S. 1776, supra; which was ordered to lie her mother who had come back. ical importance of high-quality afterschool on the table. That moment and that story always programs in the lives of children, their fami- f lies, and their communities; remind me that when we are talking Whereas more than 28,000,000 children in TEXT OF AMENDMENTS about domestic violence, it is not just the United States have parents who work SA 2696. Mrs. LINCOLN submitted an one victim. It is the children and it is outside the home and 15,100,000 children in our entire community. That is why it the United States have no place to go after amendment intended to be proposed by is so important we recognize Domestic school; and her to the bill S. 1776, to amend title Violence Month as well as reauthorize Whereas many afterschool programs across XVIII of the Social Security Act to the Violence Against Women Act. the United States are struggling to keep provide for the update under the Medi- I thank Senators LEAHY, KOHL, FEIN- their doors open and their lights on: Now, care physician fee schedule for years therefore, be it GOLD, GILLIBRAND, CRAPO, COLLINS, beginning with 2010 and to sunset the Resolved, That the Senate supports the SPECTER, LANDRIEU, STABENOW, KAUF- application of the sustainable growth goals and ideals of ‘‘Lights On Afterschool’’, rate formula, and for other purposes; MAN, DURBIN, BROWN, and Senator a national celebration of afterschool pro- BURRIS, the Presiding Officer, for being grams. which was ordered to lie on the table; as follows: cosponsors. I invite all other colleagues f to join us. SECTION 1. SHORT TITLE. I am proud to come from a State that SENATE RESOLUTION 319—COM- This Act may be cited as the ‘‘Medicare has long been a leader in a nationwide MEMORATING 40 YEARS OF MEM- Physician Fairness Act of 2009’’. effort to end domestic violence. We BERSHIP BY WOMEN IN THE NA- SEC. 2. MEDICARE PHYSICIAN FEE SCHEDULE opened one of the first shelters in the TIONAL FFA ORGANIZATION AND UPDATE FOR 2010 THROUGH 2014. country in 1974, and we started one of CELEBRATING THE ACHIEVE- Section 1848(d) of the Social Security Act the first programs aimed at addressing MENTS AND CONTRIBUTIONS OF (42 U.S.C. 1395w–4(d)) is amended by adding at the end the following new paragraph: batterers in the early 1980s. The city of FEMALE MEMBERS OF THE NA- TIONAL FFA ORGANIZATION ‘‘(10) UPDATE FOR 2010 THROUGH 2014.— Duluth, MN, was the first city to man- ‘‘(A) IN GENERAL.—Subject to paragraphs date that its police officers make ar- Mr. JOHANNS (for himself, Mrs. LIN- (7)(B), (8)(B), and (9)(B), in lieu of the update rests in domestic abuse cases. The city COLN, Mr. CHAMBLISS, Mr. LUGAR, Mr. to the single conversion factor established in

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.064 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10648 CONGRESSIONAL RECORD — SENATE October 21, 2009 paragraph (1)(C) that would otherwise apply Because of the limited time available Committee on Commerce, Science, and for each of 2010, 2011, 2012, 2013, and 2014, the for the hearing, witnesses may testify Transportation be authorized to meet update to the single conversion factor shall by invitation only. However, those during the session of the Senate on Oc- be 0.5 percent. wishing to submit written testimony tober 21, 2009, at 2:30 p.m. in room 253 of ‘‘(B) NO EFFECT ON COMPUTATION OF CON- VERSION FACTOR FOR 2015 AND SUBSEQUENT for the hearing record may do so by the Russell Senate Office Building. YEARS.—The conversion factor under this sending it to the Committee on Energy The PRESIDING OFFICER. Without subsection shall be computed under para- and Natural Resources, United States objection, it is so ordered. graph (1)(A) for 2015 and subsequent years as Senate, Washington, D.C. 20510–6150, or f if subparagraph (A) had never applied.’’. by e-mail to Rose- PRIVILEGES OF THE FLOOR SEC. 3. REDUCTION IN TARP FUNDS TO OFFSET [email protected] THE COSTS OF THE PAYMENT UP- For further information, please con- Mr. FEINGOLD. Mr. President, I ask DATE FOR MEDICARE PHYSICIANS’ unanimous consent that Kyle Sheahen SERVICES. tact Kevin Rennert at (202) 224–7826, or Paragraph (3) of section 115(a) of the Emer- Deborah Estes at (202) 224–5360 or Rose- and Spencer Baldwin, legal interns on gency Economic Stabilization Act of 2008 (12 marie Calabro at (202) 224–5039. my Judiciary Committee staff, be U.S.C. 5225) is amended by striking f granted the privilege of the floor for ‘‘$1,259,000,000’’ and inserting the remainder of this session. ‘‘$179,259,000,000’’. AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without MEET objection, it is so ordered. SA 2697. Mr. LEAHY submitted an COMMITTEE ON ENERGY AND NATURAL f amendment intended to be proposed by RESOURCES RELATIVE TO THE DEATH OF him to the bill S. 1776, to amend title Mrs. SHAHEEN. Mr. President, I ask CLIFFORD PETER HANSEN, XVIII of the Social Security Act to unanimous consent that the Com- FORMER UNITED STATES SEN- provide for the update under the Medi- mittee on Energy and Natural Re- ATOR FOR THE STATE OF WYO- care physician fee schedule for years sources be authorized to meet during MING beginning with 2010 and to sunset the the session of the Senate on October 21, application of the sustainable growth at 9:45 a.m., in room SD–366 of the Mr. ENZI. Mr. President, it is with a rate formula, and for other purposes; Dirksen Senate Office Building. great deal of sadness that Senator which was ordered to lie on the table; The PRESIDING OFFICER. Without BARRASSO and Representative LUMMIS as follows: objection, it is so ordered. and I inform our colleagues that we At the appropriate place, insert the fol- COMMITTEE ON HEALTH, EDUCATION, LABOR, have lost one of our good friends and a lowing: AND PENSIONS former Member of this body, Clifford P. SEC. lll. HEALTH INSURANCE INDUSTRY ANTI- Mrs. SHAHEEN. Mr. President, I ask Hansen. TRUST ENFORCEMENT ACT OF 2009. unanimous consent that the Com- Cliff Hansen passed away on Tuesday (a) SHORT TITLE.—This section may be night at the age of 97. His was, in every cited as the ‘‘Health Insurance Industry mittee on Health, Education, Labor, Antitrust Enforcement Act of 2009’’. and Pensions be authorized to meet sense, a truly remarkable life. He was a (b) PURPOSE.—It is the purpose of this sec- during the session of the Senate on Oc- man to match his mountains. He came tion to ensure that health insurance issuers tober 21, 2009, at 10 a.m. in SD–430. from the shadow of the Tetons. If you and medical malpractice insurance issuers The PRESIDING OFFICER. Without have ever been there, you know that cannot engage in price fixing, bid rigging, or objection, it is so ordered. when God made the Alps he had a cou- market allocations to the detriment of com- ple left over and he took the biggest petition and consumers. COMMITTEE ON HOMELAND SECURITY AND GOVERNMENTAL AFFAIRS ones and he put them in Wyoming, and (c) PROHIBITION OF ANTI-COMPETITIVE AC- that is where Jackson Hole is. TIVITIES.—Notwithstanding any other provi- Mrs. SHAHEEN. Mr. President, I ask sion of law, nothing in the Act of March 9, unanimous consent that the Com- Times such as these always draw me 1945 (15 U.S.C. 1011 et seq., commonly known mittee on Homeland Security and Gov- to the words of the Bible which remind as the ‘‘McCarran-Ferguson Act’’), shall be ernmental Affairs be authorized to us that ‘‘to everything there is a sea- construed to permit health insurance issuers meet during the session of the Senate son, a time for every purpose under (as defined in section 2791 of the Public on October 21, 2009, at 9:30 a.m. to con- heaven.’’ So it is with all of us. Each Health Service Act (42 U.S.C. 300gg–91) or role we play, each task we are called to issuers of medical malpractice insurance to duct a hearing entitled ‘‘H1N1 Flu: Monitoring the Nation’s Response.’’ perform is another time for us, another engage in any form of price fixing, bid rig- season in our lives. ging, or market allocations in connection The PRESIDING OFFICER. Without with the conduct of the business of providing objection, it is so ordered. As has often been said, Cliff Hansen was Wyoming through and through, a health insurance coverage (as defined in such COMMITTEE ON THE JUDICIARY favorite son of the West who knew and section) or coverage for medical malpractice Mrs. SHAHEEN. Mr. President, I ask claims or actions. understood our western way of life bet- unanimous consent that the Com- (d) APPLICATION TO ACTIVITIES OF STATE ter than anyone else. He knew it be- COMMISSIONS OF INSURANCE AND OTHER STATE mittee on the Judiciary be authorized cause he lived it and he lived it each INSURANCE REGULATORY BODIES.—Nothing in to meet during the session of the Sen- and every day. this section shall apply to the information ate, on October 21, 2009, at 2 p.m., in Cliff Hansen lived most of his life in gathering and rate setting activities of any room SD–226 of the Dirksen Senate Of- the Jackson Hole area—all of his life, State commission of insurance, or any other fice Building, to conduct a hearing en- State regulatory entity with authority to except the time he was providing pub- titled ‘‘Nominations.’’ lic service. He was born at the base of set insurance rates. The PRESIDING OFFICER. Without f the Tetons and he lived a life in which objection, it is so ordered. he stood as tall and as proud in his sup- NOTICE OF HEARING COMMITTEE ON VETERANS’ AFFAIRS port of Wyoming as those magnificent COMMITTEE ON ENERGY AND NATURAL Mrs. SHAHEEN. Mr. President, I ask mountains. His parents were home- RESOURCES unanimous consent that the Com- steaders and from them he learned the Mr. BINGAMAN. Mr. President, I mittee on Veterans’ Affairs be author- importance of working hard for what would like to announce for the infor- ized to meet during the session of the you believe in and always giving it mation of the Senate and the public Senate on October 21, 2009. The Com- your best. It was a philosophy that that a hearing has been scheduled be- mittee will meet in room 418 of the suited him well. A lot of people don’t fore the Senate Committee on Energy Russell Senate Office Building begin- know that as a child he was a stut- and Natural Resources. The hearing ning at 9:30 a.m. terer, but he had a phenomenal teacher will be held on Wednesday, October 28, The PRESIDING OFFICER. Without who worked with him, put rocks in his 2009, at 10:00 a.m., in room SD–366 of objection, it is so ordered. mouth. He attributed his success at the Dirksen Senate Office Building. COMMITTEE ON SCIENCE AND SPACE oratory to her help through those The purpose of this hearing is to re- Mrs. SHAHEEN. Mr. President, I ask years. ceive testimony on the role of natural unanimous consent that the Com- A rancher by profession, Cliff spent gas in mitigating climate change. mittee on Science and Space of the the early part of his life working the

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We will never forget about Wyoming’s heritage and our land, he also was working at the local how it was to be in that dining room land, our agricultural industry, an as- level to address the issues of the day. with this good person who turned out pect so important to our State’s econ- But that kind of success wasn’t enough to be a trusted and valued friend. It omy that it is noted on our State seal. for him. Determined to find something was also my first encounter with grits. Cliff was very proud of the training else he could do to help make a dif- I found they taste as the name sug- arena that was established at his alma ference, he soon found his way to run gests. mater, the University of Wyoming, in for public office. He was a county com- Although Cliff had every reason to be his name. He went there often to visit missioner and, as a part of that season, proud of what he had achieved at every the College of Agriculture and to meet he served as Wyoming’s Governor. stage of his life, he would always be the with the students. Cliff knew full well There was a lot to be done, so Cliff first to say that he could never have that the future of our State could be rolled up his sleeves and got right to done it alone. Fortunately, he didn’t measured by how well we took care of the tasks at hand. To help the people of have to, for when he returned to Jack- our State’s land and he was determined our State, Cliff worked to lower the son Hole after graduating from college that those who were to follow would voting age from 21 to 18. To make life he married a very special woman, Mar- have a sense of great responsibility a little easier for our senior citizens, he tha. I have to tell you, her dad was a with which they had been entrusted. Cliff understood the importance of supported increasing retirement pay little bit skeptical. He said, This guy everything he had been given in life, for State employees. To help the next comes from the valley that is known as the safe harbor for horse thieves. Well, from the greatest of resources to the generation of our State’s leaders, he smallest of everyday things. I remem- it happened, it stuck, and they started helped increase funding for our schools ber hearing a story from his grandson a wonderful love story that would last and our education system. that I can’t tell as well as his grand- forever. It is an adage that love is At that point, Cliff could have called son, but I am going to make an at- stronger than anything that comes to it a day and returned to the ranch to tempt at anyway. He was doing some- us in life. Cliff and Martha will be for- sit back and enjoy reminiscing about thing called straightening nails with ever great examples of that and their all he had accomplished. Once again, it his grandson and some of his story of life and love that lasted 75 wasn’t enough for Cliff. He still had grandson’s friends. For those of you some good ideas and an interest in get- years. who don’t know about straightening a Diana and I always enjoyed seeing ting things done. That great heart of nail, you take a nail that is bent that them together for they were the epit- his wouldn’t let him quit. So it was you pull out of some piece of wood and ome of a great marriage. Cliff had a back to the campaign trail and an offer as you pull it, you bend it. He had a warm, engaging personality, he was he once again made to the people of coffee can full of those and he had an full of life, and he had a smile that re- Wyoming to serve them again and empty coffee can, and he would take flected the genuine happiness and con- began another season in his life. This one of the bent nails, put it on a board tentment that he found in his life and one resulted in a run for the Senate and tap it with a hammer and then ex- in his family. Martha, by his side, was and a defeat of a very popular Demo- amine it to see if it was straight. His a kind and gracious woman. With her crat on the way, Teno Roncalio. grandson and the other boys who were support and encouragement, Cliff had a In the Senate, Cliff served on the there said, Why are you going to all tremendous asset in his life and in his Veterans’ Affairs Committee, the Fi- that work? Why don’t you just go buy political career. She also helped to nance Committee, and the Special some new nails? Committee on Aging. At each post, keep him grounded. I remember one of He said, How much is this costing amid every opportunity, Cliff always the stories he often told of coming me? The answer was, Nothing. had his eye on Wyoming and how he back from one of the Washington-type While he was doing this, this tapping could best be of service to the people gala events where he had been pre- away on these nails, Martha came to back home. He focused on issues such sented an award as legislator of the the door of their house and said, You as reservoir projects, recreation and year, one of 535 people to receive this have a call, Cliff. You have a call on wilderness areas, and making sure we award. As he was driving home he was the telephone here. Well, he kept tap- were good stewards of the Federal reflecting and saying, Martha, how ping away on the nails, tapping away Treasury. He kept spending under con- many truly recognized people are there on the nails. Pretty quickly she came trol. in this world, she quickly said, One less back and she said, Cliff, it is the Presi- He also made a major change for Wy- than you think. It is a lesson that he dent of the United States. So he got up oming. In the early days, the States always kept. and he went in the house and took the got about 37.5 percent royalty on min- I am pleased with the number of calls phone call. A few minutes later he was erals and he was able to raise that, and e-mails we have had from former back out there tapping away on the with the help of a lot of his fellow Sen- staff members. His staff counsel men- nails, tapping away on the nails. His ators, working across the aisle, to 50 tioned the kindness he always had, grandson was excited and wanted to percent. When he got that passed, it knowing the people who worked at the know what that was all about and was at the time that Gerald Ford was doors and the elevators, and at that asked him: What did the President the President and the Chief of Staff time there were a lot of them who want? was a Wyoming boy named Dick Che- worked in the elevators. But one time Cliff said, The President wanted me ney. Dick Cheney had to initiate a call he was waiting outside the Chamber to be the Secretary of Interior; tap, to Cliff Hansen and let him know the door for him to come for a vote and he tap, tap; tap, tap, tap. I said, No; tap, President had some bad news for him. was getting a little worried that the tap, tap; tap, tap, tap. He was a man At that point Dick Cheney put Presi- vote was going to run out, so he went who knew what he wanted to do and dent Ford on the phone and the Presi- looking for him and found that he was what he needed to do and could be to- dent said, I have some bad news for helping a lady in a wheelchair up some tally absorbed in whatever he was you, Cliff. I am going to have to veto of the steps so she could get into the doing. that bill. building. It was just the kind of thing There are a lot of stories like that Cliff Hansen said, I have some bad he would do, go out of his way to help one. Cliff cherished the simpler days news for you. I am going to find the out. and the simpler ways of life. He also votes to override it, and he did. When I arrived in the Senate, Cliff appreciated the benefits that would It has been a great boon to our State. and Martha became role models for come from technology and innovation While Cliff was serving in the Senate, Diana and me. They blazed a trail to- and how they would improve cattle and I was serving as president of the Wyo- gether and we learned a good deal from crop production. Technology and inno- ming Jaycees. Diana and I were in watching how they did it. Diana and I vation, however, could never replace

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With the passing of Cliff Hansen, the end. The PRESIDING OFFICER. Without political landscape and everyday life in Cliff Hansen is a legendary Wyoming objection, it is so ordered. Jackson Hole, WY, the West, and the figure, but to his family he was a dedi- The resolution (S. Res. 315) was United States has changed. Wyoming cated husband, father, a special grand- agreed to. has been blessed to have enjoyed a father and great-grandfather, and The preamble was agreed to. great history full of remarkable and someone who will be terribly missed. The resolution, with its preamble, colorful leaders in every sense of the He was born October 16, 1912. Prior to reads as follows: graduating from the University of Wy- word who have helped to settle this Na- S. RES. 315 oming, he worked for his parents on a tion, tame the West, and bring the Whereas Cliff Hansen worked as a cattle United States to the position of great- cattle ranch in Teton County. It was rancher and was inducted into the National ness and power it enjoys today. We owe there we can presume that Cliff Hansen Cowboy Hall of Fame as a ‘‘Great West- a lot to the great people of our past learned the manner and the skills that erner;’’ such as Cliff Hansen. Thanks to them, would take him from Wyoming to Whereas Cliff Hansen served as governor of our Nation and the world is a better Washington and back. the State of Wyoming from 1963–1967; place for us all to live. In 1962, Hansen was elected Governor Whereas Cliff Hansen served the people of of Wyoming. He served for 4 years. He Wyoming with distinction in the United Now this season of his life has come States Senate from 1967–1978; and to an end. The season he was born has believed he could do more for the peo- ple of Wyoming in Washington than he Whereas Cliff Hansen was the oldest former led to this season when he has died. Ev- Senator at the time of his death: Now, there- eryone who knew him will carry with could in Cheyenne. So he then ran and fore be it them a special memory of his life and won a seat in the Senate and was re- Resolved, That the Senate has heard with how the experience of knowing Cliff elected by an overwhelming margin in profound sorrow and deep regret the an- changed them forever for the better. He 1972. nouncement of the death of the Honorable These simple dates hardly tell the was a great gift in our lives and the Cliff Hansen, former member of the United story. Cliff Hansen was Wyoming’s States Senate. lives of people all across the country John Wayne—a proud, commonsense Resolved, That the Secretary of the Senate who may never have known him but cowboy who spoke to the hearts and communicate these resolutions to the House enjoyed the benefits of his labors. His the minds of a great State. of Representatives and transmit an enrolled great calling was to be a teacher and As we have the opportunity to reflect copy thereof to the family of the deceased. he taught us all a great deal about life Resolved, That when the Senate adjourns more on Governor Hansen’s passing, to by how he lived his own. So much of today, it stand adjourned as a further mark hear, as well, from his family, there my State bears his mark for his having of respect to the memory of the Honorable will be much more to say and remem- passed by. He will be greatly missed for Cliff Hansen. ber about his extraordinary legacy. But who and what he was. He will never be Mr. ENZI. I thank the Chair. I thank today, on the news of his passing to the forgotten for what he accomplished my colleague for his outstanding com- Kingdom of Heaven—a phrase he used during his 97 years of life. ments. with great reverence—I want to make Diana and all the Enzis and our dele- f sure his friends and his colleagues gation send our deepest sympathy, our know that God accepts home a great BOY SCOUTS OF AMERICA DAY great appreciation, and our love to man today. Martha and all the family. You will be Mr. DURBIN. Mr. President, I ask To his wife Martha, his son Pete Han- unanimous consent that the Judiciary in our thoughts and prayers. sen, his grandsons Matt and Brad and I thank the Chair and yield the floor. Committee be discharged from further their families, his granddaughter The PRESIDING OFFICER. The Sen- consideration of S. Res. 112 and the Muffy, the Nation, and Wyoming send ator from Wyoming is recognized. Senate proceed to its immediate con- Mr. BARRASSO. Mr. President, I join you our heartfelt condolences. We hope sideration. you and your family are comforted by Senator ENZI today on the floor to The PRESIDING OFFICER. Without share with our colleagues the profound his strength of character, his convic- objection, it is so ordered. The clerk sorrow that is felt all across the State tions, and his grace as a truly great will report the resolution by title. of Wyoming today as we mourn the man. The legislative clerk read as follows: I speak today for thousands—for tens death of a western American icon and a A resolution (S. Res. 112) designating Feb- of thousands—of people who knew and former Member of this body, the Sen- ruary 8, 2010, as ‘‘Boy Scouts of America who loved Cliff Hansen—all that he ate. Day,’’ in celebration of the 100th anniversary Cliff Hansen, Senator, Wyoming Gov- stood for, all that he today represents of the largest youth scouting organization in ernor, died last night, October 20, at that is good about our Nation, the the United States. home at his ranch in Jackson Hole, West, and Cliff’s beloved Wyoming. There being no objection, the Senate Mr. President, I yield the floor. proceeded to consider the resolution. WY. He was 97 years old. He was at the The PRESIDING OFFICER. The Sen- time of his death the oldest living Mr. DURBIN. I ask unanimous con- ator from Wyoming. sent the resolution be agreed to, the former Member of the Senate, a career Mr. ENZI. Mr. President, on behalf of preamble be agreed to, the motions to and a life that spanned nearly a cen- our entire delegation, I ask unanimous reconsider be laid upon the table, with tury of American history. But it wasn’t consent that the Senate proceed to the no intervening action or debate, and the length of time he spent on this immediate consideration of S. Res. 315, any statements related to the resolu- Earth that makes his life so unique and submitted earlier today. so meaningful to all of us who knew The PRESIDING OFFICER. The tion be printed in the RECORD. him and who respected him. It would clerk will report the resolution by The PRESIDING OFFICER. Without be difficult to tell the story of Wyo- title. objection, it is so ordered. ming without also describing the life The assistant bill clerk read as fol- The resolution (S. Res. 112) was and the time of Cliff Hansen. They are lows: agreed to. intertwined, a pioneer State and its pa- A resolution (S. Res. 315) relative to the The preamble was agreed to. triarch. death of Clifford Peter Hansen, former The resolution, with its preamble, If it is true, as many people say, that United States Senator for the State of Wyo- reads as follows: Wyoming is what America was, Cliff ming. S. RES. 112 Hansen is the independent spirit, the There being no objection, the Senate Whereas the Boy Scouts of America was in- rugged cowboy who made her great. My proceeded to consider the resolution. corporated by the Chicago publisher William

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\G21OC6.073 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE October 21, 2009 CONGRESSIONAL RECORD — SENATE S10651 Boyce on February 8, 1910, after William pected to attend about 7,500 events de- lationships among children, youth, families, Boyce learned of the Scouting movement signed to raise awareness and support and adults; during a visit to London; for these much needed programs. Whereas high-quality afterschool programs Whereas, on June 21, 1910, a group of 34 na- In America today, 1 in 4 youth, more engage families, schools, and diverse commu- tional representatives met, developed orga- nity partners in advancing the well-being of nization plans, and opened a temporary na- than 15 million children, go home alone the Nation’s children; tional headquarters for the Boy Scouts of after the school day ends. This includes Whereas ‘‘Lights On Afterschool’’, a na- America in New York; more than 40,000 kindergartners and al- tional celebration of afterschool programs Whereas the purpose of the Boy Scouts of most 4 million middle school students held on October 22, 2009, highlights the crit- America is to teach the youth of the United in grades six to eight. On the other ical importance of high-quality afterschool States patriotism, courage, self-reliance, and hand, only 8.4 million children, or ap- programs in the lives of children, their fami- kindred values; proximately 15 percent of school-aged lies, and their communities; Whereas, by 1912, Boy Scouts were enrolled children, participate in afterschool Whereas more than 28,000,000 children in in every State; the United States have parents who work Whereas, in 1916, Congress granted the Boy programs. An additional 18.5 million outside the home and 15,100,000 children in Scouts of America a Federal charter; would participate if a quality program the United States have no place to go after Whereas each local Boy Scout Council were available in their community. school; and commits each Boy Scout to perform 12 hours Lights On Afterschool, a national Whereas many afterschool programs across of community service yearly, for a total of celebration of afterschool programs, is the United States are struggling to keep 30,000,000 community service hours each celebrated every October in commu- their doors open and their lights on: Now, year; nities nationwide to call attention to therefore, be it Whereas, since 1910, more than 111,000,000 the importance of afterschool pro- Resolved, That the Senate supports the people have been members of the Boy Scouts goals and ideals of ‘‘Lights On Afterschool’’, of America; grams for America’s children, families a national celebration of afterschool pro- Whereas Boy Scouts are found in 185 coun- and communities. Lights On After- grams. school was launched in October 2000 tries around the world; f Whereas the Boy Scouts of America will with celebrations in more than 1,200 present the 2 millionth Eagle Scout award in communities nationwide. The event COMMEMORATING WOMEN MEM- 2009; has grown from 1,200 celebrations in BERSHIP IN THE NATIONAL FFA Whereas more than 1,000,000 adult volun- 2001 to more than 7,500 today. This Oc- ORGANIZATION teer leaders selflessly serve young people in tober, 1 million Americans will cele- Mr. DURBIN. Mr. President, I ask their communities through organizations chartered by the Boy Scouts of America; brate Lights On Afterschool. unanimous consent the Senate now Whereas the adult volunteer leaders of the Quality afterschool programs should proceed to consideration of S. Res. 319, Boy Scouts of America often neither receive be available to children in all commu- submitted earlier today. nor seek the gratitude of the public; and nities. These programs support work- The PRESIDING OFFICER (Mr. Whereas the Boy Scouts of America en- ing families and prevent kids from BEGICH). The clerk will report the reso- deavors to develop United States citizens being both victims and perpetrators of lution by title. who are physically, mentally, and emotion- violent crime. They also help parents The legislative clerk read as follows: ally fit, have a high degree of self-reliance in balancing the work and home-life. A resolution (S. Res. 319) commemorating demonstrated by such qualities as initiative, 40 years of membership of women in the Na- courage, and resourcefulness, have personal Quality afterschool programs help to tional FFA Organization and celebrating the values based on religious concepts, have the engage students in their communities, achievements and contributions of female desire and skills to help others, understand and when students are engaged, they members of the National FFA organization. the principles of the social, economic, and are more successful in their edu- governmental systems of the United States, cational endeavors. There being no objection, the Senate take pride in the heritage of the United In our work on the Senate After- proceeded to consider the resolution. States and understand the role of the United school Caucus, Senator ENSIGN and I Mr. JOHANNS. Mr. President, I rise States in the world, have a keen respect for have been working for more than 5 today in support of this resolution to the basic rights of all people, and are pre- years to impress upon our colleagues commemorate 40 years of membership pared to participate in and give leadership to by women in the National FFA Organi- the society of the United States: Now, there- the importance of afterschool program- fore, be it ming. It is our hope that they will join zation and to celebrate the achieve- Resolved, That the Senate designates Feb- us on October 22 to celebrate the im- ments and contributions of female FFA ruary 8, 2010, as ‘‘Boy Scouts of America portance of afterschool programs in members. Day’’, in celebration of the 100th anniversary their communities back home. It was 40 years ago, during the 1969 of the largest youth scouting organization in Mr. DURBIN. I ask unanimous con- National FFA Convention, that dele- the United States. sent that the resolution be agreed to, gates voted to allow women to join the f the preamble be agreed to, the motions FFA. LIGHTS ON AFTERSCHOOL to reconsider be laid upon the table, Today, 41 percent of all members of with no intervening action or debate, the National FFA Organization are Mr. DURBIN. Mr. President, I ask and any statements related to the reso- women, and more than 50 percent of unanimous consent that the Senate lution be printed in the RECORD. leadership positions in the National proceed to the immediate consider- The PRESIDING OFFICER. Without FFA are held by women. ation of S. Res. 318 submitted earlier objection, it is so ordered. In my home State of Nebraska, more today. The resolution (S. Res. 318) was than 800 females have received their The PRESIDING OFFICER. The agreed to. American FFA Degrees, the highest clerk will report the resolution by The preamble was agreed to. honor that can be awarded to an FFA title. The resolution, with its preamble, member. The legislative clerk read as follows: reads as follows: To be eligible for the American De- A resolution (S. Res. 318) supporting S. RES. 318 gree, members must have earned and ‘‘Lights On Afterschool,’’ a national celebra- productively invested $7,500 through a tion of afterschool programs. Whereas high-quality afterschool programs provide safe, challenging, engaging, and fun supervised agricultural experience pro- There being no objection, the Senate learning experiences that help children and gram where FFA members live out proceeded to consider the resolution. youth develop their social, emotional, phys- their motto of learning by doing. Mr. DODD. Mr. President, today Sen- ical, cultural, and academic skills; American Degree recipients must ator ENSIGN and I are submitting a res- Whereas high-quality afterschool programs also make it their mission to dem- olution designating October 22, 2009, support working families by ensuring that onstrate outstanding leadership abili- Lights On Afterschool Day. Lights on the children in such families are safe and ties and community involvement. Afterschool brings students, parents, productive after the regular school day ends; More than 2,400 women in Nebraska Whereas high-quality afterschool programs educators, lawmakers, and community build stronger communities by involving the have been awarded State FFA Degrees and business leaders together to cele- Nation’s students, parents, business leaders, for their accomplishments in their brate afterschool programs. This year, and adult volunteers in the lives of the Na- local chapters and agricultural edu- more than 1 million Americans are ex- tion’s youth, thereby promoting positive re- cation classes.

VerDate Nov 24 2008 01:41 Oct 22, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A21OC6.021 S21OCPT1 tjames on DSKG8SOYB1PROD with SENATE S10652 CONGRESSIONAL RECORD — SENATE October 21, 2009 Nebraska also boasts more than 260 Mr. DURBIN. I suggest the absence of another 4 months have now passed. In female State Proficiency winners and 5 a quorum. violation of the Honest Leadership and female National Proficiency winners. The PRESIDING OFFICER. The Open Government Act, no Republican These students represent the best of clerk will call the roll. Senator has come forward in all this the best, having achieved the highest The legislative clerk proceeded to time to identify himself and specify a level of excellence in their chosen call the roll. reason for the hold. fields. Mr. DURBIN. Mr. President, I ask Judge Sessions is an extraordinary Ninety women in Nebraska have unanimous consent the order for the public servant. Judge Sessions has served as State FFA Officers, with 8 quorum call be rescinded. twice previously been confirmed unani- serving as President. Four Nebraska fe- The PRESIDING OFFICER. Without mously by the Senate to serve on the males have served as National FFA Of- objection, it is so ordered. Sentencing Commission. He has served with distinction for 10 years, and has ficers. These leaders have invested f their time and talents in building in- served as a vice chair of the Sentencing fluential relationships with members EXECUTIVE SESSION Commission. He is a distinguished U.S. and growing the Organization. Federal judge who has served for 14 The contributions of female members years and now serves as the chief judge have helped the National FFA Organi- EXECUTIVE CALENDAR for the District of Vermont. He is a zation to become a premier student Mr. DURBIN. Mr. President, I ask member of the Judicial Conference of leadership organization, comprised of unanimous consent the Senate proceed the United States, made up of the lead- more than 507,000 members in all 50 to executive session to consider Cal- ers of the Federal judiciary. He has states, Puerto Rico, and the Virgin Is- endar Nos. 132, 475, 476, 479, 485, 486; also contributed to his local commu- lands. that the nominations be confirmed en nity as a public defender, an adjunct The FFA’s mission is to make a posi- bloc, the motions to reconsider be laid law professor, and even as a coach of tive difference in the lives of students upon the table en bloc; that no further the local Little League team. A law- by developing their potential for pre- motions be in order; that any state- yer’s lawyer and a judge’s judge, he has mier leadership, personal growth, and ments relating to the nominations be earned the praise of both the prosecu- career success through agriculture edu- printed in the RECORD; provided further tion bar and the defense bar. cation. that the President be immediately no- Judge Sessions is eminently well Today I am proud to offer a resolu- tified of the Senate’s action; further, qualified to serve as the chair of the tion to recognize the positive contribu- that the cloture motion with respect to Sentencing Commission. I must say tions female members have made to Calendar No. 132 be withdrawn and the that in my numerous conversations achieve FFA’s goals of proficient agri- Senate then return to legislative ses- with Republican Senators and Repub- cultural leadership and advocacy, com- sion. lican Senate leaders during the last 6 munity citizenship, volunteerism, and The PRESIDING OFFICER. Without months, no one raised any dispute or cooperation. objection, it is so ordered. criticism or reason for this obstruction I congratulate the National FFA Or- The nominations considered and con- and delay. ganization for 40 years of membership firmed en bloc are as follows: This is most unfortunate because some of us have worked very hard to by women and for its role in developing UNITED STATES SENTENCING COMMISSION tomorrow’s leaders. move beyond the era when delays in William K. Sessions III, of Vermont, to be nominations to fill vacancies on the Mr. DURBIN. I ask unanimous con- Chair of the United States Sentencing Com- sent the resolution be agreed to, the mission. Sentencing Commission got so bad and preamble be agreed to, the motions to William E. Spriggs, of Virginia, to be an extended so long that it drew the at- reconsider be laid upon the table. Assistant Secretary of Labor. tention of the Chief Justice of the The PRESIDING OFFICER. Without Joseph A. Main, of Virginia, to be Assist- United States in his annual reports in objection, it is so ordered. ant Secretary of Labor for Mine Safety and 1997 and 1998. I have worked with the The resolution (S. Res. 319) was Health. Republican chairmen and ranking agreed to. DEPARTMENT OF ENERGY members on the Judiciary Committee The preamble was agreed to. Jose Antonio Garcia, of Florida, to be Di- and consistently protected their rights The resolution, with its preamble, rector of the Office of Minority Economic and interests. I have treated their rec- reads as follows: Impact, Department of Energy, vice Theresa ommended nominees with respect and Alvillar-Speake, resigned. S. RES. 319 shown them support. I worked to break Whereas the National FFA Organization is DEPARTMENT OF THE INTERIOR the impasse in the Republican-led Sen- a premier student leadership organization Marcia K. McNutt, of California, to be Di- ate by working across the aisle and with more than 507,000 members in all 50 rector of the United States Geological Sur- with the White House to develop a States, Puerto Rico, and the Virgin Islands; vey. slate of nominees, Republican, Demo- Whereas the mission of the National FFA DEPARTMENT OF ENERGY cratic and independent, that was con- Organization is to make a positive difference Arun Majumdar, of California, to be Direc- firmed as a group. Thereafter, I have in the lives of students by developing their tor of the Advanced Research Projects Agen- worked conscientiously with the lead potential for leadership, personal growth, cy—Energy, Department of Energy. and career success through agricultural edu- Republican on the Judiciary Com- cation; NOMINATION OF WILLIAM K. SESSIONS III mittee to fill vacancies appropriately Whereas women were first admitted as Mr. LEAHY. Mr. President, today, as they arose. members of the National FFA Organization the Senate is taking action long de- Most recently, I worked even during in 1969 at the 42nd Annual National FFA layed by an anonymous Republican the last weeks of the Bush administra- Convention; hold. That hold has extended for al- tion to have the Judiciary Committee Whereas, by 2009, 41 percent of all members most 6 months without explanation. I report and the Senate confirm two of the National FFA Organization were have spoken repeatedly to the Repub- nominees recommended and supported women, and more than 50 percent of leader- ship positions in the National FFA Organiza- lican leader, the assistant Republican by Senate Republicans. William Carr, a tion were held by women; and leader, and the ranking Republican on recommendation from the ranking Re- Whereas female members have made posi- the Senate Judiciary Committee. No publican on the Judiciary Committee, tive contributions to the goals of the Na- one has given me any explanation for was confirmed on November 20, 2008, tional FFA Organization, including pro- the hold. When the Senate majority weeks after the Presidential election, ficient agricultural leadership and advocacy, leader asked back in early June to pro- and now serves as a vice chair. We also community citizenship, volunteerism, and ceed to the nomination that was re- proceeded to confirm to another term cooperation: Now, therefore, be it ported without objection by the Senate Judge Ricardo Hinojosa, who I sup- Resolved, That the Senate congratulates the National FFA Organization for 40 years Judiciary Committee on May 7, the Re- ported when he was nominated to the of membership by women and celebrates the publican leader objected, saying ‘‘we Commission by his friend President achievements and contributions of female have not had an opportunity to get Bush in January 2003, when he was members of the National FFA Organization. that cleared.’’ They had had a month; nominated and confirmed as chair in

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Without have chosen to respond to our having ture motion having been filed under objection, it is so ordered. proceeded with those confirmations in rule XXII, the Chair directs the clerk November 2008 to the Sentencing Com- to read the motion. f mission and to my years of cooperative The legislative clerk read as follows: PROGRAM efforts by resorting to delay and ob- CLOTURE MOTION Mr. REID. Senators should expect struction. They have refused to allow We, the undersigned Senators, in accord- the Senate to consider the nomination ance with the provisions of rule XXII of the the first vote tomorrow to occur at of Judge Sessions to serve as chair of Standing Rules of the Senate, hereby move 11:45 a.m. to bring to a close debate on the motion to the Sentencing Commission for the last f several months. proceed to Calendar No. 174, H.R. 3548, the I commend Judge Sessions for his pa- Unemployment Compensation Extension Act ADJOURNMENT UNTIL 9:30 A.M. of 2009. tience, determination and sense of pub- Harry Reid, Patty Murray, Mark Udall, TOMORROW lic service. I thank the majority leader Roland W. Burris, Mark Begich, Byron Mr. REID. If there is no further busi- for proceeding to file the cloture peti- L. Dorgan, Frank R. Lautenberg, Amy ness to come before the Senate, I ask tion last night that is finally resulting Klobuchar, Bill Nelson, Jack Reed, unanimous consent that it adjourn in Senate action on this important Carl Levin, Jeff Bingaman, Bernard under the provisions of S. Res. 315, as a nomination. Sanders, Sherrod Brown, Sheldon Whitehouse, Barbara Boxer, Kirsten E. mark of further respect to the late f Gillibrand, Richard Durbin. former Senator Clifford Peter Hansen LEGISLATIVE SESSION Mr. REID. I ask unanimous consent of Wyoming. There being no objection, the Senate, The PRESIDING OFFICER. The Sen- that the mandatory quorum be waived. at 7:50 p.m., adjourned until Thursday, ate will resume legislative session. The PRESIDING OFFICER. Without October 22, 2009, at 9:30 a.m. Mr. DURBIN. I suggest the absence of objection, it is so ordered. a quorum. Mr. REID. I now withdraw the mo- f The PRESIDING OFFICER. The tion to proceed. clerk will call the roll. The PRESIDING OFFICER. The mo- CONFIRMATIONS The legislative clerk proceeded to tion is withdrawn. Executive nominations confirmed by call the roll. f the Senate, Wednesday, October 21, Mr. REID. I ask unanimous consent ORDERS FOR THURSDAY, OCTOBER 2009: that the order for the quorum call be 22, 2009 DEPARTMENT OF LABOR rescinded. Mr. REID. Mr. President, I ask unan- WILLIAM E. SPRIGGS, OF VIRGINIA, TO BE AN ASSIST- The PRESIDING OFFICER. Without ANT SECRETARY OF LABOR. objection, it is so ordered. imous consent that when the Senate JOSEPH A. MAIN, OF VIRGINIA, TO BE ASSISTANT SEC- Mr. REID. Mr. President, are we in a completes its business today, it ad- RETARY OF LABOR FOR MINE SAFETY AND HEALTH. period of morning business? journ until tomorrow at 9:30 a.m., DEPARTMENT OF ENERGY The PRESIDING OFFICER. Yes, we Thursday, October 22; that following JOSE ANTONIO GARCIA, OF FLORIDA, TO BE DIRECTOR OF THE OFFICE OF MINORITY ECONOMIC IMPACT, DE- are. the prayer and pledge, the Journal of PARTMENT OF ENERGY. Mr. REID. I thank the Chair. proceedings be approved to date, the DEPARTMENT OF THE INTERIOR f morning hour be deemed expired, the time for the two leaders be reserved for MARCIA K. MCNUTT, OF CALIFORNIA, TO BE DIRECTOR UNEMPLOYMENT COMPENSATION OF THE UNITED STATES GEOLOGICAL SURVEY. their use later in the day, and there be DEPARTMENT OF ENERGY EXTENSION ACT OF 2009—MOTION a period of morning business for an TO PROCEED ARUN MAJUMDAR, OF CALIFORNIA, TO BE DIRECTOR hour, with Senators permitted to speak OF THE ADVANCED RESEARCH PROJECTS AGENCY—EN- CLOTURE MOTION for up to 10 minutes each, with the ERGY, DEPARTMENT OF ENERGY. THE ABOVE NOMINATIONS WERE APPROVED SUBJECT Mr. REID. Mr. President, we are try- time equally divided and controlled be- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- ing to work something out on an unem- tween the two leaders or their des- QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY ployment compensation extension. We ignees, with the majority controlling CONSTITUTED COMMITTEE OF THE SENATE. are being as fair and reasonable as we the first half and the Republicans con- UNITED STATES SENTENCING COMMISSION can. We have exchanged papers with trolling the second half; that following WILLIAM K. SESSIONS III, OF VERMONT, TO BE CHAIR the minority. We hope they will come morning business, the Senate resume OF THE UNITED STATES SENTENCING COMMISSION. back with a reasonable number of consideration of the conference report THE JUDICIARY amendments on which we can move to accompany H.R. 2647, the Depart- ROBERTO A. LANGE, OF SOUTH DAKOTA, TO BE UNITED STATES DISTRICT JUDGE FOR THE DISTRICT OF SOUTH forward. ment of Defense authorization bill, and DAKOTA.

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