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

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

Vol. 155 WASHINGTON, TUESDAY, OCTOBER 27, 2009 No. 157 House of Representatives The House met at 10:30 a.m. and was junior and senior class and a champion Because of the atrocious acts of this called to order by the Speaker pro tem- orator who was captain of the debate horrible man, a bright young life was pore (Ms. EDWARDS of Maryland). team for 3 years. She was also in the extinguished and the world is forever f National Honor Society and graduated poorer because of it. Chillingly, cum laude in the top 3 percent of her though, this murderer is up for parole DESIGNATION OF SPEAKER PRO class. in 2011. With the confessed perpetrator TEMPORE As a member of the Legal Eagles behind bars, we have the comfort of The SPEAKER pro tempore laid be- club, Shannon was an aspiring attor- knowing that no other person can fall fore the House the following commu- ney whose ultimate goal was to sit on victim to him, and that is why we nication from the Speaker: the Supreme Court. During her senior should fight to keep him there in prison. Unfortunately, many perpetrators WASHINGTON, DC, year, Shannon even spoke before the October 27, 2009. United Nations and Congress. are roaming the streets today still I hereby appoint the Honorable DONNA F. With grand dreams and a promising preying on the most innocent of vic- EDWARDS to act as Speaker pro tempore on future ahead of her, nothing could have tims. Let us make sure that Calvin this day. turned out to be more tragic than her Hinton is not one of them. NANCY PELOSI, disappearance. The news was dev- Shannon’s parents, Luis and Yvonne, Speaker of the House of Representatives. astating to her home community as it as well as her sister, Monique, are still f was to the Atlanta area where she had active today in efforts to protect children by strengthening our laws and MORNING-HOUR DEBATE already established herself as a bright individual with an even brighter fu- protecting and educating youth and The SPEAKER pro tempore. Pursu- ture. their families about violence and per- ant to the order of the House of Janu- She disappeared without a trace on petrators. They honor their daughter ary 6, 2009, the Chair will now recog- March 26, 1994 while working at a part- and their sister, Shannon, and the nize Members from lists submitted by time job at a softball country club. countless other children like Shannon through their work. Shannon’s story the majority and minority leaders for Shortly after, the first 10,000 posters must serve as a reminder to students morning-hour debate. and 60 billboards went up in Atlanta that they must always be aware of The Chair will alternate recognition with Shannon’s picture declaring her between the parties, with each party their surroundings and stay safe. missing. Not long after that, her fa- As a mother and grandmother, I can- limited to 30 minutes and each Mem- ther, Luis Melendi, had the signs ber, other than the majority and mi- not imagine the heartache the changed to ‘‘kidnapped.’’ Melendis have gone through. Luis nority leaders and the minority whip, Calvin ‘‘Butch’’ Hinton was named as Melendi still speaks to high school sen- limited to 5 minutes. a suspect. He was a coworker and an iors about the dangers posed by per- f umpire she knew through her part-time petrators and reminds them that this job. Many pieces of evidence linked SHANNON MELENDI AWARENESS could happen to anyone. Last week, on him to the disappearance of Shannon, what should have been their daughter’s The SPEAKER pro tempore. The but unfortunately not enough for a 35th birthday, the Melendi family Chair recognizes the gentlewoman from solid case. In a strange twist of fate, spoke to the students at Coral Shores Florida (Ms. ROS-LEHTINEN) for 5 min- this demented man burned down his High School in Tavernier to keep Shan- utes. own home to keep the authorities from non’s memory alive and to drive home Ms. ROS-LEHTINEN. Madam Speak- investigating him further, but he was the idea of being aware and being safe. er, October 20, 2009 should have marked sentenced to 9 years in prison for fraud With these efforts and the laws that we the 35th birthday of Shannon Denise when he tried to collect insurance on pass, we can help protect our Nation’s Melendi; instead, she will be forever that house fire. youth. the 19-year-old victim of kidnapping Then, more than 11 years after Shan- It is in honor and remembrance of and rape whose life was tragically non had disappeared, Hinton had just Shannon Melendi that I urge my col- ended at the hands of a ruthless killer. been released from prison when he was leagues to remain champions and pro- Shannon was a gifted young college rearrested and placed on trial for Shan- tectors of our youth. Through the life sophomore from Miami attending non’s murder. After many heart- of Shannon Melendi we know that even Emory University in Atlanta. In wrenching moments in the trial, the though it was short, we can make sure Miami, at Southwest High School, my verdict came back guilty and Hinton that the lessons learned from her mur- alma mater, she was president of the was sentenced to life in prison. der last eternally.

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

H11793

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.000 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11794 CONGRESSIONAL RECORD — HOUSE October 27, 2009 I thank the Speaker for the time, and tration and this Congress to unite on a Health Care—more than AARP re- we will always remember Shannon. vision to rebuild and renew America is ceived in membership dues, grant rev- f now, to enact it into law and provide enue, and private contributions com- appropriate funding. This action will bined. REVITALIZING OUR ECONOMY pay dividends to Americans for decades But for Chairman BAUCUS’ exemp- The SPEAKER pro tempore. The to come, making our communities tion, AARP salaries would in fact be Chair recognizes the gentleman from more livable and our families safer, subject to the penalties in the Finance Oregon (Mr. BLUMENAUER) for 5 min- healthier, and more economically se- bill. In 2008, then CEO William Novelli utes. cure. received total compensation of Mr. BLUMENAUER. Madam Speaker, f $1,005,830, more than 78 times the aver- the challenge for all America, not just age annual Social Security benefit of AARP GETS FREE PASS IN the new administration and Congress, $12,738. HEALTH CARE DEBATE but our communities, our businesses, According to a story published today especially American families, is how to The SPEAKER pro tempore. The in the Washington Post, AARP col- revitalize our economy. There is a Chair recognizes the gentlewoman from lected $650 million in royalties and great deal of contention occasionally North Carolina (Ms. FOXX) for 5 min- other fees last year from the sale of in- here in Washington, D.C. about the utes. surance policies, credit cards, and best approach, but this problem takes Ms. FOXX. Madam Speaker, does other products that carry the AARP on a new urgency as the experts now America’s biggest senior citizens orga- name. One of the main products that tell us that while the economy appears nization, AARP, get a free pass in the AARP pushes are so-called Medigap in- to be recovering, the jobs aren’t: A job- ongoing health care reform debate? surance policies for senior citizens. less recovery, posing special problems Speaker PELOSI recently called insur- These policies supplement existing for Americans from coast to coast. ance companies ‘‘immoral villains,’’ Medicare policies that seniors already But beyond the problems with the and Senator JAY ROCKEFELLER derided have. economy, there are serious issues deal- their tactics as ‘‘rapacious,’’ yet the So what’s the big deal? Well, in case ing with the state of repair of America; majority has simultaneously relied on you missed it, AARP is helping push our electrical grid is inadequate and an organization that has received bil- the Democrats’ big government version unreliable, too many roads and bridges lions of dollars in windfall profits from of health care reform. They’ve been a are in serious disrepair, and there are those same insurers as an ‘‘inde- vocal proponent of the government-run problems with inadequate or non- pendent’’ source to support their gov- health care proposal before Congress. existent sewage collection and leaking ernment takeover of health care— Interestingly, the proposal before Con- water mains. And there is environ- AARP. gress slashed funding for a Medicare mental damage in sites from coast to The Democrat majority has even re- program called Medicare Advantage. coast with Superfund, brownfields, lied on AARP’s support for legislation, This program is especially popular even unexploded ordnance and military S. 1776, that would increase the Federal with seniors in my district. About toxics on military defense locations. debt by nearly $250 billion to fund phy- 40,000 seniors in my district enjoy the The opportunity and the challenge is sician reimbursements, even though benefits of a Medicare Advantage plan, to combine the problems with the econ- the bill would raise seniors’ Medicare but these plans will be killed off under omy with what we need to do to rebuild premiums by over $60 billion. AARP the Democrats’ government takeover and renew America. Luckily, this is a opposed unpaid-for legislation as re- of health care, and AARP has been solution that is overwhelmingly sup- cently as December for the very same pushing this brand of health care reported by the vast majority of Ameri- reason. form. cans—Republicans, Democrats, and An analysis of Democrats’ rhetoric AARP has the right to offer services Independents. This is a solution that in and actions provides evidence why to its members, but pushing for a times past has been able to bring to- AARP may have changed its position. version of health care reform that will gether people in Congress to deal with In exchange for its support of a govern- hurt millions of seniors who have Medi- the revitalization of our infrastructure. ment takeover of health care, AARP care Advantage plans and that will al- We have opportunities right now. has received special considerations re- most certainly increase shares of There is pending a reauthorization of garding several provisions in health re- AARP’s Medigap policies is a very dan- the Surface Transportation Act. If Con- form legislation that could benefit the gerous conflict of interest. gress acts, and the administration organization quite handsomely. AARP has hundreds of millions of signs it, this could mean 6 million jobs While the AARP Web site claims that dollars in insurance revenue on the line revitalizing transportation from coast the organization supports ‘‘guaran- in today’s health care debate. I think to coast, border to border. teeing that all individuals and groups America’s seniors deserve to know the I have legislation, House bill 3202, a wishing to purchase or renew coverage facts about how health care reform will water trust fund, that would enable can do so regardless of age or pre- affect them, and it appears that AARP communities to deal with serious prob- existing conditions,’’ a review of the may have a few too many dogs in this lems like leaking water mains. We lose New York State Insurance Commis- race to be an impartial source of infor- 6 billion gallons of water a day, enough sioner’s Web site finds that AARP- mation. to fill Olympic size swimming pools branded Medigap coverage imposes a 6- from here to Pittsburgh. Coinciden- month waiting period for individuals f tally this bill can help fix these prob- with preexisting conditions. Yet sec- b 1045 lems while putting hundreds of thou- tion 111 of H.R. 3200 would exempt sands of more Americans to work deal- Medigap policies from new limits on CHOOSING HEALTH CARE REFORM ing with those problems. preexisting condition restrictions, thus The SPEAKER pro tempore. The The administration has requested, allowing AARP to continue to deny Chair recognizes the gentleman from and we have introduced, legislation to Medigap individuals with serious Virginia (Mr. CONNOLLY) for 5 minutes. reintroduce the Superfund tax to deal health conditions. Mr. CONNOLLY of Virginia. I thank with the problems of Superfunds again The health reform bill approved by the Speaker. that are found in every State of the the Senate Finance Committee would I rise today to support the economic Union. Left unattended, the pollution eliminate the tax deductibility for all engine of America—our small busi- actually gets worse and migrates, be- insurance company executive salaries nesses. Small businesses represent coming more expensive to clean up over $500,000. However, as drafted by more than 99 percent of all businesses over time. This is an opportunity to the committee, the legislation would in this country and employ more than solve the environmental problem and exempt AARP from this requirement, 50 percent of the private sector, non- return this land to productive use. even though fully 38 percent of its $1.1 farm workforce. In fact, 25 percent of This is something that America sup- billion in 2008 revenue came directly the total job growth from 1992 to 2005 ports. The time for the Obama adminis- from royalty fees paid by United came from those small businesses with

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Simply put, the health other words, absent reform, small busi- stitution gave us a limited Federal of America’s small businesses is the nesses’ health care costs will hit $2.4 Government, a Federal Government health of the American economy. trillion in this time period. that could not do everything and any- Unfortunately, the cost of keeping As they have done over the last few thing it wishes to do. It is perhaps the the employees of small businesses years, small businesses will be forced inconvenient truth in this debate, or healthy is imperiling the financial to choose between their economic perhaps I should say the Constitution health of many of these same busi- health and the health of their employ- is the inconvenient truth. nesses. Under our current health care ees. Without health care reform, the Let me just cite what James Madi- system, where larger companies pool increased costs over the next decade son, often called the Father of the Con- their risks over larger workforces to will force many small businesses to lay stitution, said in the Federalist Papers, purchase insurance for lower rates, off employees. Those increased costs the documents that were written and small businesses are paying up to 18 represent up to 178,000 employees— then placed upon the public in order to percent more per employee for health 178,000 Americans who can lose their get States to ratify the Constitution. care coverage than their larger com- jobs because their employers can no This is what he said: petitors. Sadly, it’s easy to see how longer afford the cost of health care. In the first place, it is to be remem- this happens. Indianapolis small busi- Fifty-seven percent of existing small bered that the general government is nessman Bruce Hetrick testified at a businesses already have had to elimi- not to be charged with the whole power House committee hearing earlier this nate health care coverage, and more of making and administering laws. Its year that his wife and business partner, soon will be forced to do the same. jurisdiction is limited to certain enu- Pam, got cancer and the insurance Twenty-nine percent of small business merated objects. company said that the premiums for employees have no insurance of any Congress, in other words, can’t get up the 15-person firm would rise 28 per- kind. According to the Kaiser Family in the morning and just say, Well, we cent. When his wife tragically passed Foundation’s recent survey, 8 percent see a problem; therefore, we’re going to away 1 month prior to the higher pre- of existing businesses said they will fix it and we’re going to impose the au- mium taking effect, the insurance eliminate health care entirely this thority of the Federal Government company still increased the entire next year. upon this problem by way of our solu- firm’s premium by 10 percent. Due to Increasing health care costs are crip- tion. the current health care system, one ill- pling our small businesses and small Think of this: The President of the ness in a small business can have dras- business employees. Although every United States spoke here from the ros- tic consequences for everybody. company faces increasing costs, under trum behind me in his joint session to In fact, from 1999 to 2007, for all busi- the existing health insurance system the Congress a little over a month and nesses, large and small, the employer the economic burden falls dispropor- a half ago; and at that time he argued contribution for health insurance cov- tionately on small businesses. that an individual mandate was con- erage for families increased 120 per- Madam Speaker, I support health in- stitutional, or was lawful because, he cent, from $4,247 to $9,325. Employees surance reform that will lower the cost said, it is similar to what you have to did not fare any better, as their own in- of health care to these small businesses do to drive in this country. You have to dividual premiums increased almost and their employees; and I urge adop- have insurance to drive on the public 118 percent in that time period. While tion of reform. road. But there’s a fundamental dif- large businesses were better situated to f ference. If you analyze all the legal au- keep costs down due to bigger risk thority on this question, it is not that pools, reduced administrative costs and HEALTH CARE you have a right to drive on public lower insurance broker fees, small The SPEAKER pro tempore. The roads, it is a privilege, and therefore it businesses often have but one Chair recognizes the gentleman from can be conditioned by the purchase of unpalatable option with respect to California (Mr. DANIEL E. LUNGREN) for insurance. health care. 5 minutes. What we’re saying here is your right More and more small businesses are Mr. DANIEL E. LUNGREN of Cali- to breathe in the United States, to con- unable to afford health insurance for fornia. Madam Speaker, we are en- tinue to exist in the United States, will their employees. In 1995, 68 percent of gaged in a serious debate on health now be conditioned on you buying small businesses offered health care. care reform in this country, and there health insurance; and if you don’t, you Only 38 percent offered health care this are those who believe that the only will be fined, we are now told $1500, and year. While just 10 percent of employ- way to solve this problem is through a if you don’t pay the fine you can be ees at large businesses are uninsured, Washington, D.C. Federal Government jailed; not because you want to enter 29 percent of employees at firms with takeover of health care. And I say that into the United States as an immi- fewer than 25 employees have no health advisedly because I’ve looked at the grant, not because you’re asking any- insurance. Those small businesses that bills that are the serious bills in the thing of the United States but, rather, currently offer health care often are Senate and the House that are going to for the right to exist in the United forced to reduce benefits due to those be presented to us at some point in States. increasing costs. Family deductibles time, or at least parts of them are. There are those who say that the are roughly 60 percent more for compa- One of the things that is obvious to commerce clause is so expansive, it can nies with fewer than 50 employees. me is that these bills stand on a num- include everything. Well, the courts Without reform, Madam Speaker, ber of different principles, and one of have told us it is not that expansive. small businesses will have to continue them is that there will be a require- Even as they have broadened its appli- reducing benefits and increasing costs. ment that every living man, woman cation, they have said it is limited to According to the National Business and child must have health care insur- an economic activity that affects Group on Health, in 2010, and I quote, ance as defined by the Federal Govern- interstate commerce. And if we are employers and employees will face ment or be subject to a fine. Now they going to say that the right for you to shockingly higher health care costs. call it a tax but it is truly a fine. And breathe in the United States, the right Madam Speaker, those premiums are the question is whether that is an ap- for you to exist in the United States, is projected to increase another 10 to 20 propriate exercise of authority by the an impact on interstate commerce, percent—next year. This year, small Federal Government. there is nothing left that the Federal businesses will pay $156 billion for their Some people say, Why do you even Government cannot do. employees’ health care. Without re- get involved in this sort of thing? Why That’s why this debate over health form, those costs will more than double would you even ask that question? care is important for many different

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Will the support language that will direct the erty, to allow the Federal Government gentleman from New Jersey (Mr. Institute of Medicine to study the to say there is nothing you can do in Lance) come forward and lead the Medicare reimbursement formula and this country, including breathe, unless House in the Pledge of Allegiance. direct the Secretary of Health and you have the permission of the Federal Mr. LANCE led the Pledge of Alle- Human Services to fix these flawed re- Government to act in a certain way, giance as follows: imbursements. and if you don’t act in that certain I pledge allegiance to the Flag of the Medical professionals in my home way, you will be fined, and if you do United States of America, and to the Repub- State of Iowa were recently ranked sec- not pay the fine you will be jailed, lic for which it stands, one nation under God, ond by the Commonwealth Foundation there is absolutely nothing left of the indivisible, with liberty and justice for all. for providing some of the best care in freedom that this country was based f the Nation. Yet when we are reim- upon. bursed by Medicare, they receive half The former Vice President of the HONORING THE REVEREND CHRIS as much per enrollee compared to United States likes to talk about in- WILLIAMSON many other States. Without fair pay, convenient truths. The great inconven- The SPEAKER pro tempore. Without these providers will be pushed further ient truth in this country is the U.S. objection, the gentlewoman from Ten- into the red and out of Iowa and other Constitution. Let us not fail in our fi- nessee (Mrs. BLACKBURN) is recognized States with the same problem. delity to it. for 1 minute. The studies that we have proposed to f There was no objection. revise Medicare reimbursement rates RECESS Mrs. BLACKBURN. Mr. Speaker, I and create quality measures will pave ask my colleagues to join me today in the way. The SPEAKER pro tempore. Pursu- welcoming Pastor Chris Williamson of ant to clause 12(a) of rule I, the Chair Franklin, Tennessee, as he serves as f declares the House in recess until noon our honorary chaplain for today. today. He brings with him today the asso- Accordingly (at 10 o’clock and 55 HEALTH CARE ciate pastor from his church, Anthony minutes a.m.), the House stood in re- Hendrix, and also a longtime friend of (Mr. BOEHNER asked and was given cess until noon. mine, Scott Roley, who is now the sen- permission to address the House for 1 f ior pastor of Christ Community minute.) b 1200 Church. Mr. BOEHNER. Mr. Speaker and my colleagues, as we stand here, the health AFTER RECESS The music industry is really what brought Pastor Williamson to middle care bill is being written in secret in The recess having expired, the House Tennessee, and as his music perform- Speaker PELOSI’s office and over in the was called to order by the Speaker pro ance career ended, however, he really Senate by Senate Majority Leader tempore (Mr. BLUMENAUER) at noon. felt a calling to the pulpit. HARRY REID, even though the President f In 1995, he founded the Strong Tower of the United States during his campaign made clear that these negotia- PRAYER Bible Church and has built Strong Tower into one of Franklin’s most dy- tions ought to be out in the public and The Reverend Chris Williamson, namic and well-known churches. My we ought to have C–SPAN cameras in Strong Tower Bible Church, Franklin, colleagues will be interested to know there to allow the American people to Tennessee, offered the following pray- that Congressman JOE PITTS’ son and see who is fighting for what side. Yet, er: his family attend Strong Tower. His it is not happening. It is being written Our Father, we thank You for this commitment to racial reconciliation is in secret. opportunity to gather together and evident through his work as an author, And no wonder it is being written in seek Your wisdom. We acknowledge his mission work, as well as the inten- secret because the Democrat majori- You as our great God and king, and it tional multiethnic and diverse back- ties are doing exactly what the Amer- is our desire to do the things that ground of his congregation. He is a de- ican people don’t want: a big govern- please You. voted family man, and I appreciate the ment-run plan. I wonder if the 53 new In centuries past, You have proven opportunity to represent his fine fam- agencies, boards, commissions and Your love to us, and You have blessed ily in Congress. mandates that were in the original us bountifully to the degree that we Please join me in honoring him on House bill will continue to be in this constantly ask You to bless America. his service to the House of Representa- bill that is being written in secret. But Father, in these pressing times, tives today, and I wish him only the But this bill is in secret for one big we rise up and America chooses to best in the years to come. reason. It is going to cost over $1 tril- bless You. We bless You for Your love. lion. It is going to raise taxes. It is We bless You for Your grace. We bless f going to have mandates on individuals. You for Your power, and we bless You HEALTH CARE REFORM It is going to destroy jobs, and it is for Your son, the Lord Jesus Christ. going to cut Medicare for our seniors. Please guide these men and women as (Mr. BOSWELL asked and was given they discuss matters today that affect permission to address the House for 1 What cuts to seniors are going to be so many people in our great Nation. minute and to revise and extend his rein this bill? No one knows. All I know We promise to give Your name all of marks.) is that there were $162 billion worth of the praise for any good thing that hap- Mr. BOSWELL. Mr. Speaker, I rise cuts to Medicare Advantage in the pens as a result of our meeting to- today in support of the important original House bill, $162 billion, and I gether. strides Congress is making toward our have 27,000 Medicare Advantage enroll- These and many other blessings we Nation’s health care reform. ees in my district. And according to ask in the name of our Savior, Jesus I am pleased the Senate will be in- the Congressional Budget Office, some Christ, Amen. cluding a public option in their version 80 percent of them are likely to lose their health coverage under this pro- f of the health reform bill. A public option is absolutely essential. America’s posal. THE JOURNAL health insurance industry needs a Republicans have better solutions. The SPEAKER pro tempore. The mechanism that will level the playing Just go to healthcare.gop.gov and see Chair has examined the Journal of the field and protect consumers. The public the Republican solutions that will help last day’s proceedings and announces option that we create must be fair and make our current system work better to the House his approval thereof. pay doctors and hospitals accordingly. and not have this big government take- Pursuant to clause 1, rule I, the Jour- Many of us are very concerned that over of our health care delivery sys- nal stands approved. our rural doctors and hospitals are tem.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.006 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11797 BOOSTING SMALL BUSINESS lars paying that to the insurance com- Many of the stories we have heard LENDING panies. One-third of the health care from our constituents back home have (Mr. MICHAUD asked and was given dollar goes to no such thing as health been personal—they have been heart- permission to address the House for 1 care; it goes to the insurance compa- breaking—about struggles with the minute.) nies. That’s why the Democratic pro- health care system. Those kinds of ex- Mr. MICHAUD. Mr. Speaker, I rise posal restricts the amount of money periences can sometimes be difficult today in strong support of the Presi- that insurance companies can spend on and they can be emotional to share, dent’s effort to boost small business bureaucracy. That’s where the out-of- but they have played an important lending. pocket expenses actually go to health part in the conversation. Later this week, we will be taking up care. That sounds like a smart idea to Because we are starting to see that me. a bill that my colleagues and I on the in our uniquely American way, all of Furthermore, the insurance compa- Small Business Committee drafted to that passion is being channeled to pro- nies can no longer discriminate against ductive change. We are close to bring- do just that. Each year, the bill is ex- preexisting conditions, no longer can pected to support $44 billion in small ing forward a potentially life-changing discriminate against people who need bill. business lending, helping to save or health care. That sounds like a good create 1.3 million jobs annually. Small Just think about what this means. idea. For the first time, millions of unin- businesses are the backbone of Maine’s Finally, talking about reducing def- economy, and they are key to our eco- sured Americans can have access to icit spending, this bill requires insur- health insurance and all of us will have nomic recovery. ance companies to keep costs under The recession and credit crunch have health security knowing we can’t lose control. That saves the government our coverage. Ultimately, voting on re- hurt small businesses’ access to cap- money and reduces the deficit because ital, and they cannot afford inaction. form means voting to give millions of the biggest spender in health care is Americans peace of mind. This bill will give them additional re- the Federal Government through enti- sources when they need it the most. I tlements. f urge the Senate to join the House in I don’t know why the other side is so HEALTH CARE passing a strong bill that we can get to hell-bent on protecting insurance com- the President’s desk as soon as pos- panies’ medical inflation that only (Mrs. MCMORRIS RODGERS asked sible. adds to the deficit in this country. and was given permission to address the House for 1 minute and to revise f f and extend her remarks.) HEALTH CARE HEALTH CARE Mrs. MCMORRIS RODGERS. Mr. (Mr. CANTOR asked and was given (Mr. PENCE asked and was given per- Speaker, this morning I find myself re- permission to address the House for 1 mission to address the House for 1 flecting on a recent town hall meeting minute.) minute and to revise and extend his re- where nearly 1,000 people showed up, Mr. CANTOR. Mr. Speaker, I rise in marks.) many of them seniors, and they were the midst of the increasing momentum Mr. PENCE. Mr. Speaker, at nearly not happy. In eastern Washington in we detect on the other side to push $1 trillion in spending and tax in- my congressional district, it is esti- through a government takeover of creases, the Democrat health care bill mated that 20,000 seniors may lose health care in our country. To me, it is is a bad deal for taxpayers; but it is a their health care because of the cuts to about four distinct questions. worst deal for American seniors, and Medicare Advantage. H.R. 3200 cuts One, does anyone believe that the senior citizens deserve to know about $162 billion from that program, and passage of a $1 trillion bill, does any- it. they are cuts that hit especially those one believe that won’t aggravate the Included in the Democrat health care who live in rural communities the deficit? I think the answer is resound- plan are massive cuts in Medicare Ad- hardest. ingly ‘‘no.’’ vantage, $162 billion in reductions in The Obama administration promised Secondly, if it is going to be $1 tril- this popular program. As a result, Americans that if they liked their doc- lion, who is going to pay for that? Well, Medicare Advantage plans will drop tor, they could keep their doctor; if we know that the majority is talking out of the program, limiting seniors’ they liked their health insurance plan, about small businesses and seniors pay- choices and causing many to lose their they could keep it. But I guess that ing for that. current health care coverage through doesn’t apply to seniors. Third, does anyone really think that Medicare Advantage. This will have an These are real cuts to Medicare Ad- the health care overhaul being pro- exceptionally negative impact in rural vantage, and it will mean canceled in- posed is going to make your health areas, like my district of eastern Indi- surance policies and higher premiums. care better? I don’t think so. ana. For those living on a fixed income, this According to the Congressional Budg- And lastly, is there any guarantee could mean less money for food, cloth- et Office as well, the Democrat’s health that this government is not going to ing, and shelter. care plan will increase the cost of get in between you and your doctor? House Republicans are committed to Medicare prescription drug premiums Mr. Speaker, I say to that, the answer a step-by-step approach to addressing by 20 percent in the next decade. health care that will start by reducing is ‘‘no.’’ The President said, If you like your We Republicans have a better way. the cost drivers. We should pass these current plan, you can keep it. Well, cost control reforms rather than fi- We believe we can accomplish reform after looking at the Democrats’ plan aimed at the discrete problems that nancing a government takeover on our for seniors, I guess he wasn’t talking Seniors. exist, to fix those, and then expand about senior citizens when he said f health care opportunities for those who that. do not currently have it. f b 1215 f HEALTH CARE EDUCATION REFORM HEALTH CARE (Mrs. DAVIS of California asked and (Ms. HIRONO asked and was given (Mr. KENNEDY asked and was given was given permission to address the permission to address the House for 1 permission to address the House for 1 House for 1 minute.) minute.) minute and to revise and extend his re- Mrs. DAVIS of California. Mr. Speak- Ms. HIRONO. Mr. Speaker, one of the marks.) er, no doubt, the national discussion most notable improvements I’ve seen Mr. KENNEDY. Mr. Speaker, the over health care reform has been emo- since the beginning of this administra- other side talks about the health care tional for all Americans. People from tion is the importance the President reform bill costing a lot of money. every corner and every background of has placed on education. Right now, consumers in America are our country have had a chance to tell I know I’m not alone in recognizing spending millions and millions of dol- their story, to weigh in on this issue. how President Obama and Education

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.008 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11798 CONGRESSIONAL RECORD — HOUSE October 27, 2009 Secretary Duncan have changed the At last, we are going to take health surance. They thought they could rely tone in the education community. Last care reform with a robust public option on COBRA, but it cost them too much Friday, David Brooks used his column right across the goal line. Yesterday, and they were forced to let their insur- in the New York Times to praise the the Senate Majority Leader helped ance lapse. Her husband, a painter, President and the Secretary for their ‘‘move the chains’’ when he inserted a doesn’t have access to health insurance efforts in raising the bar on education strong public option in the Senate through his employment. reform. Partnering with Congress, they health care bill. This move down the As a diabetic, Karen should be seeing have set high standards and are pro- field positions us one step closer to a doctor regularly, but she doesn’t. A viding $5 billion in competitive grants meaningful reform. couple of years ago she was hospital- to those States that can best dem- Now my colleagues in the House and ized for a staph infection; she was only onstrate their commitment to reform. I are keeping our offensive line strong able to stay in the hospital until the As a result, there is real excitement in support of a robust public option, infection was cleared up. She signed among the States to put their best edu- but it’s time to score this touchdown herself out before her doctors wanted cation reform foot forward as they gear for the American people, for the middle her to because she knew she couldn’t up for the competition for these grants. class, for working people and the young afford the cost. It took her years to At a time when the U.S. is falling be- people, including those in the Hillside pay that bill. hind other countries in educational at- program at Central High School who After living without insurance, her tainment and at a time when State bear the burden and brunt of this failed husband was diagnosed with chronic budgets are stretched thin, we need to health care system. obstructive pulmonary disease, but the focus more, not less, on strengthening The status quo is unacceptable and cost of his treatment and medication is education in our country to enable us it’s a losing strategy. Including a ro- out of reach for them. She told me she to compete in the global economy. bust public health option is real con- worries every time her husband f sumer choice; it’s the logical option to sneezes. scoring the goal and achieving success. No one in this country deserves to HEALTH CARE f live in fear like this. We need health (Mr. DREIER asked and was given care reform. FUTURE ACCESS TO QUALITY permission to address the House for 1 f minute and to revise and extend his re- HEALTH CARE marks.) (Mr. SESSIONS asked and was given CONGRESS—LISTEN TO THE Mr. DREIER. Mr. Speaker, last permission to address the House for 1 VOICES OF THE AMERICAN PEO- month, President Obama stood right minute.) PLE behind me here in our Chamber and de- Mr. SESSIONS. Mr. Speaker, I rise (Mr. MCCOTTER asked and was given livered an address to a joint session of today to address the looming health permission to address the House for 1 Congress in which he said, ‘‘Anyone care debate here in Washington, D.C. minute and to revise and extend his re- who mischaracterizes our bill, we will The American people know the truth marks.) call you out.’’ His next line was, ‘‘I will about the Democrat health care pro- Mr. MCCOTTER. In Michigan, the not accept the status quo.’’ posal. We know that it’s full of man- people know what the most important Well, Mr. Speaker, we all know that dates, full of taxes, and will result in issue facing this Congress is: It’s called no one—no one—wants to accept the further job losses, but it also cuts re- jobs. My State has a 15.3 unemploy- status quo. I’ve been listening to my imbursement to physicians and hos- ment rate; it is expected to rise. And California constituents, and they’ve pitals and creates an even larger access yet what we see in Congress is an un- been saying that we need to have ex- problem. willingness of the majority to listen to actly what our colleague from Wash- In the proposed health care reforms, the concerns of the American people. ington (Mrs. MCMORRIS RODGERS) de- congressional Democrats are racing to They want this economy fixed; they scribed as a step-by-step approach. create an unsustainable government- want to provide for the livelihood of They know and understand that a mas- run health care plan that would reim- their families; they wish to pursue sive government takeover of health burse physicians and hospitals no more their happiness. And yet they watch a care is not the answer to our problem; than 30 to 60 percent of market rates. Congress that is willfully intent upon in fact, it could exacerbate the prob- Public safety-net hospitals like passing a partisan, government-run lem, especially with the proposed Medi- Parkland Hospital—which serves as a health care bill despite the voices of care cuts that will hurt our seniors. critical health care provider to many the American people. We need to do things like allow peo- in Dallas, Texas—need to keep their I suggest that if we are to restore ple to purchase insurance across State doors open to make this plan success- sanity and prosperity to these uncer- lines, giving them a chance to have the ful. My Republican colleagues and I be- tain times, that this Congress start to best quality product at the lowest pos- lieve that we need to guarantee physi- listen to the voices of their constitu- sible price. We need real medical liabil- cians and hospitals adequate reim- ents and start to act accordingly. That ity reform, which, according to the bursement for their services to ensure is why we have a representative gov- Congressional Budget Office, will bring the American people have access to a ernment. about a savings of $54 billion. We need delivery system that works—not man- f to have the step-by-step approach that dates, not taxes, and not job losses. HEALTH CARE Mrs. MCMORRIS RODGERS said that we f need. Let’s make it happen. (Mr. ELLISON asked and was given HEALTH CARE f permission to address the House for 1 (Mr. TONKO asked and was given minute and to revise and extend his re- HEALTH CARE permission to address the House for 1 marks.) (Ms. EDWARDS of Maryland asked minute and to revise and extend his re- Mr. ELLISON. Mr. Speaker, need I and was given permission to address marks.) remind this body that between the the House for 1 minute and to revise Mr. TONKO. Mr. Speaker, I rise this years 2000 and 2006, the party apposite and extend her remarks.) afternoon to tell you about a con- controlled the White House, the House Ms. EDWARDS of Maryland. Mr. stituent of mine who is waiting on Con- of Representatives, and the Senate. Speaker, we are so close to achieving gress to pass comprehensive health in- What did they do for the American peo- quality, affordable and accessible surance reform. ple regarding health care? Nothing; health care for all Americans. Karen Rozzell resides in Colonie, New nothing at all. They didn’t do anything If we were playing football, the team York. She had to quit her job as a cash- to help the American people. And now in support of consumer choice, the pub- ier because her diabetes got so bad she that the Democratic Caucus is within a lic option, is in the red zone, and we couldn’t stand and she hasn’t been able hair’s breadth of delivering real re- are determined not to go three-and-out to find other work. When she left her form, all we hear about is death panels, as we’ve done for the last six decades. job, she and her husband lost their in- sex school clinics, and now, oh, my

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.010 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11799 God, the Democrats are after the sen- House bill will ensure that quality DEMOCRAT HEALTH CARE iors. health coverage will be available for all PROPOSAL HARMS SENIORS Seniors of America, in 1965, when Americans, whatever their financial (Mr. WILSON of South Carolina Medicare was passed, only 22 Repub- means and wherever they happen to re- asked and was given permission to ad- licans voted for it; probably none will side. dress the House for 1 minute and to re- vote for health care reform now. Re- f vise and extend his remarks.) member that at the polls. GOVERNMENT TAKEOVER Mr. WILSON of South Carolina. Mr. f SLASHES MEDICARE FUNDING Speaker, Democrats are proposing $163 JOBS AND HEALTH CARE (Ms. FOXX asked and was given per- billion in cuts to the Medicare Advan- tage program as part of their govern- (Mr. MCCARTHY of California asked mission to address the House for 1 ment takeover of health care. A crucial and was given permission to address minute.) program, Medicare Advantage offers the House for 1 minute.) Ms. FOXX. Mr. Speaker, what does a seniors greater choice and afford- Mr. MCCARTHY of California. Mr. government takeover of health care ability, the primary goal of health in- Speaker, as a former small business mean for seniors? It’s simple. Accord- surance reform. But Democrats want owner, I know that success is measured ing to the Congressional Budget Office, to cut funding for this program. by results. If you don’t achieve results, the Democrats’ health care and tax in- Squeezing senior citizens out of their you have to rethink your approach to crease bill slashes funding for Medicare current health insurance plan in order make your business successful. The Advantage plans used by millions of to impose new taxes and unworkable same cannot be said of this Congress. seniors across the country. government mandates onto American Bipartisan stimulus ideas to help small All told, the Democrat plan cuts $162 families is not the way to reform businesses grow jobs were ignored. In- billion from Medicare Advantage. That health insurance. We need targeted re- stead, a $1 trillion spending bill was will directly affect the 40,000 seniors in forms that will expand opportunities to crafted behind closed doors with the my mostly rural North Carolina dis- get insurance, like association health stated purpose to create 3.5 million trict who enjoy Medicare Advantage plans and purchasing insurance across jobs. The results? We now find our- plans. With such huge cuts, Medicare State lines. selves with an unemployment rate not Advantage plans are expected to dis- The Republican Study Committee, seen in over 25 years. In my home appear, limiting seniors’ choices and led by Dr. TOM PRICE, has offered H.R. State of California alone, the White causing real hardships for seniors in rural areas who simply don’t have 3400 to promote affordability and acces- House predicted that 396,000 jobs would many options. sibility for American families and be created. Well, 336,000 jobs, and So much for the President’s promise small businesses. counting, have been lost. So where are that ‘‘if you like your current plan, The American people have a choice the jobs? you can keep it.’’ Sure, this promise is Now in addressing health care, the on how we reform. We do not need a big true, unless of course you’re one of the government takeover which will de- Democratic majority is again crafting millions who will lose their plan. a bill behind closed doors. Can we ex- stroy 1.6 million jobs, according to the The bottom line is this one-size-fits- NFIB, the voice of small business. pect the same lack of results? Likely. all government-run plan and tax in- Because how do you save money for In conclusion, God bless our troops, crease combination is bad news for and we will never forget September the American families and small busi- America’s seniors. nesses by raising taxes and once again 11th in the global war on terrorism. f ignoring bipartisan ideas, like lawsuit f abuse reform? HEALTH REFORM Our families deserve better; our (Mr. LANGEVIN asked and was given b 1230 small businesses deserve better; Amer- permission to address the House for 1 HOUSEHOLD VIOLENCE ica deserves better. minute and to revise and extend his re- f marks.) (Mr. QUIGLEY asked and was given Mr. LANGEVIN. Mr. Speaker, I am permission to address the House for 1 HEALTH CARE REFORM very encouraged by the progress being minute.) (Mr. PIERLUISI asked and was given made on health insurance reform in Mr. QUIGLEY. Mr. Speaker, October permission to address the House for 1 this Congress. Where we are in this is Domestic Violence Awareness minute.) health care debate is truly historic. Month, and now, more than ever, it is Mr. PIERLUISI. Mr. Speaker, I rise However, we’re not there yet, and we time to draw attention to household vi- in strong support of Congress’ efforts cannot let this opportunity pass us by. olence that results in more than 2 mil- to reform our Nation’s health care sys- For millions of people without insur- lion injuries and 1,200 deaths among tem. Too many Americans have no ance, health reform will mean access women each year. health insurance or are a job loss away to affordable, quality coverage. But Estimates of assaults on women by from losing their insurance, and reform what will it mean for people who al- partners range from approximately 2 will give them access to secure, afford- ready have coverage? For them, health million to 4 million annually. Sadly, able coverage. reform will create stronger consumer we have no real idea of how many inci- The House bill will also benefit the protections that ensure coverage isn’t dents of violence actually occur each vast majority of Americans who al- dropped or scaled back when they get year because so many go unreported. ready have insurance. Your insurance sick. It will ensure a lower out-of-pock- Those unreported incidents are the company will no longer be able to deny et cost to make coverage more afford- reason Domestic Violence Awareness you coverage or raise your rates be- able, and it will provide greater access Month is so vital. Only when we are no cause of a preexisting condition. Your to routine checkups and preventive longer afraid to speak out about do- insurance company will no longer be care. It will ensure real competition mestic violence will we empower those able to drop or reduce your coverage and transparency in the health insur- who currently suffer in silence. In my when you get sick. ance market so the American people State of Illinois alone, there were Mr. Speaker, I represent nearly 4 mil- are getting the best plans at an afford- 114,921 reported cases of domestic vio- lion U.S. citizens from Puerto Rico. My able price. lence in 2006. fellow delegates from the territories In short, health reform will mean se- It is for those thousands of women and I have fought hard to make certain curity and stability for millions of and the countless others who suffer si- that the House bill is fair to our con- Americans, and we should not make lently that I speak today. It is for stituents who are no less American them wait any longer for these com- those women that I encourage my col- than their fellow citizens in the States monsense reforms. The time to act is leagues to pass House Resolution 817, and are no less deserving of care. now. This is a historic opportunity for which supports the goals and ideals of Thanks to the determined efforts of the American people, and this Congress National Domestic Violence Awareness our leadership, I am confident that the cannot let them down. Month.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.011 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11800 CONGRESSIONAL RECORD — HOUSE October 27, 2009 HEALTH CARE our oath of office. We cannot let this bama, that we need to practice what (Mr. TURNER asked and was given happen again. we preach. Well, if reports are accu- permission to address the House for 1 f rate, it sounds like Congress will be moving forward with health care legis- minute and to revise and extend his re- U.S. DOLLAR ALARM BELLS marks.) lation that contains a government-run (Mr. LANCE asked and was given per- Mr. TURNER. Mr. Speaker, if the public option, no matter how hard the mission to address the House for 1 government’s handling of the outbreak Democratic leadership might try to minute.) of H1N1 flu, known as swine flu, is any rebrand this poison pill. Mr. LANCE. Mr. Speaker, for decades Well, I am going to oppose with every indication of how it will administer a the U.S. dollar has been used to price ounce of me a Federal takeover of our public health care option, we should all virtually all of the world’s commod- health care system. I couldn’t agree be greatly concerned. With the media ities, with nearly every country having more with our friend Dr. JOHN FLEMING reporting that lines of hundreds of peo- U.S.-backed securities in reserve; yet of Louisiana, who has introduced a res- ple wait for H1N1 vaccinations, it took this could all change. olution that says that any Member of a Presidential national emergency dec- There is growing evidence suggesting Congress who votes for a public option laration just to cut through the bu- that foreign investors are losing faith should be the first one to sign up for it. reaucratic red tape. in the dollar as a secure instrument. After all, if a public option is good If this Congress is serious about Several important countries like enough for you, Mr. and Mrs. Taxpayer, health care reform, why not start with China, India, Russia, France, and the then your elected Representative simple principles on which most of us Arab States voiced their concern over should be the first to try it out. can agree, such as prohibiting insur- the role of the U.S. dollar as the re- This is especially true for our seniors ance companies from denying coverage serve currency in world trade. Many who are looking at draconian cuts to based on preexisting conditions, port- have suggested a new world currency Medicare, cuts to Medicare Advantage, ability of health care coverage, invest- take its place. and, according to the CBO, a 20 percent ing in medical research to ensure qual- A primary concern for those invest- increase in their prescription drug pre- ity care, deductibility of health insur- ing in the United States is the growing miums over the next decade, not to ance premiums, ensuring access to U.S. debt and staggering deficits. Yet, mention higher taxes for all Ameri- health savings accounts, limiting frivo- despite this, the majority party con- cans, just to help pay for this major lous lawsuits which raise health care tinues to push ahead with an agenda step towards socialized medicine. costs, and allowing small businesses to that taxes, spends, and borrows, includ- Practicing what we preach means group together to negotiate insurance ing a health care proposal that could just that. Congress won’t ask the plans. cost as much as $800 billion to $1 tril- American people to take any poison Instead of the President’s sweeping lion over the next decade. that we don’t take first. overhaul, which will likely result in How many alarm bells must be set off f pitfalls, we should look at simple re- before Washington gets serious about forms to adhere to mutually agreed HEALTH CARE tackling our ever-growing debt and upon principles ensuring that those (Mr. YARMUTH asked and was given budget deficits? who have health insurance can keep it permission to address the House for 1 and those who don’t can obtain it. f minute.) Mr. YARMUTH. Mr. Speaker, our Re- f BREAKING THE STALEMATE ON PUBLIC OPTION publican colleagues continue to amaze PROTECT COWORKERS FROM me with the creativity that they dis- (Ms. WATSON asked and was given ASSAULT AND ATTACK play in finding new ways to say ‘‘no’’ permission to address the House for 1 (Mr. MELANCON asked and was to health care reform. minute.) First, a few weeks ago, it was Sen- given permission to address the House Ms. WATSON. Mr. Speaker, we need ator JOHN ENSIGN who said in the Fi- for 1 minute.) to stop ranting and start reasoning. nance Committee in the Senate, I am Mr. MELANCON. Mr. Speaker, many Health care providers have pushed against the public option because—get of us have heard the terrible story of against the public option, citing pay- this—it might work; people will like it. Jamie Leigh Jones, the employee of a ment as one of their primary concerns. He was against it because people will U.S. defense contractor who was bru- Instead of seeing the issue within the like a public option. tally attacked and sexually assaulted lens of payments based on Medicare Now, when we find out that the Sen- by coworkers while working in Iraq in rates versus negotiated ones, I believe ate has proposed an opt-out for the 2005. Instead of being allowed to seek we can attract health care providers to States, we are hearing from our oppo- justice, Jamie Leigh was held in a ship- the public option with a new incentive nents who say, well, they won’t opt ping container by company employees to break the stalemate. Malpractice is out, they just won’t opt out. I wonder so she couldn’t report the crime. a primary psychological, emotional why. Probably because it would be ef- When Jamie Leigh returned to the issue with doctors, dentists, hospitals, fective in providing competition and United States, she learned that a administrators, and pharmacists. choice for their constituents, for citi- clause in her contract barred her from Additionally, it is a principal issue of zens of America who need affordable, taking her case to court. Instead, it economic obsession with providers who secure health care. forced her into a company-run arbitra- bitterly resent paying for liability in- That’s what our efforts are for. tion process; the same company that surance. When it comes to you, it is That’s what this bill is about. We need failed to protect her in the first place. not petty. If there is malpractice, you Republicans to stop saying ‘‘no’’ and to It is our responsibility to make sure certainly want to contact an attorney. say ‘‘yes’’ to the health care that that this horrific story can never hap- Progressives have always cham- Americans deserve. pen again. No American citizen should pioned community health centers. My f ever have to sign away his or her rights proposal expands the liability program to justice in order to get a job. Not a used by these community health cen- DON’T ROB SENIORS OF THEIR dime of taxpayer money should go to ters. HEALTH CARE companies that would rather sweep an f (Mr. FLEMING asked and was given assault under the rug than allow our permission to address the House for 1 justice system to work. HEALTH CARE minute.) The Franken amendment will forbid (Mr. BONNER asked and was given Mr. FLEMING. Mr. Speaker, as a Federal dollars from going to compa- permission to address the House for 1 family physician for over 30 years, I nies that engage in these practices. If minute and to revise and extend his re- could have never imagined that the we fail to enact this measure, we have marks.) Democrats would come up with such a failed to protect the rights and values Mr. BONNER. Mr. Speaker, there is crazy idea as ObamaCare paid for on we were sworn to uphold when we took an old saying, common in south Ala- the backs of the American seniors.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.013 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11801 As it stands today, $162 billion will be Mr. Speaker, we can do better than uals and families like that gentleman, cut from Medicare Advantage, forcing this. Let us not pass a bill that could who has his life put at stake by his seniors to buy Medigap insurance like harm our most vulnerable, our infants, lack of health care, and come together. that sold by AARP, one of the many and our elderly. Put politics aside and pass health care special interest groups the President f reform that will lower costs and ex- cut a sweetheart deal with behind pand access for the people of this coun- closed doors. There is also another $350 HEALTH CARE try. billion that will be cut from the reg- (Mr. GINGREY of Georgia asked and f ular Medicare, which will directly re- was given permission to address the move access to medical care for this, House for 1 minute and to revise and HEALTH CARE the Nation’s Greatest Generation. extend his remarks.) (Ms. JENKINS asked and was given In rural areas like much of my dis- Mr. GINGREY of Georgia. Mr. Speak- permission to address the House for 1 trict in Louisiana, seniors will lose ac- er, my patients’ health care reform minute and to revise and extend her recess to critical medical care as home should not be written behind closed marks.) health, doctors, and hospitals—they doors. Ms. JENKINS. Mr. Speaker, Repub- will all be closing their doors. When Democrats came to Congress, licans have health care solutions, but I call on Speaker PELOSI to stop this they pledged, led by Speaker PELOSI, our solutions don’t involve breaking horrible attack on the health and wel- the most open Congress in history; yet, promises to America’s seniors. Our so- fare of our senior citizens now. now, they are planning a costly govern- lutions don’t involve slashing Medicare f ment takeover of health care in the Advantage, a program that 7,400 sen- HEALTH CARE dark of night without any public input. iors from my district rely on day in Mr. Speaker, a $1 trillion, 2,000-page (Mr. PERLMUTTER asked and was and day out. Our solutions don’t in- blended plan that will dictate how volve massive cuts to Medicare that given permission to address the House Washington will run our health care for 1 minute.) will go far beyond reducing waste and system deserves real transparency, not do real harm to current programs that Mr. PERLMUTTER. Mr. Speaker, the just empty promises about openness. mantra of our Republican colleagues Kansas seniors enjoy. Speaker PELOSI, my patients deserve One of the President’s stated goals here in the House is ‘‘Just say ‘no.’ We better. Your legislation is going to tell like the status quo.’’ for health care reform is to increase them what type of health care their choice and competition in health care. Well, that was their mantra when it family can receive and what Medicare came to the Recovery Act, which has Rather than moving forward with a benefits will be cut from our seniors. plan that will reduce choice and have now helped improve the stock market. Mr. Speaker, even if the Democrat Housing starts are up, and, in Colo- harmful effects on our seniors across majority is going to prevent minority the Nation, it is time to sit down and rado, unemployment is down from 7.8 participation, my patients deserve to percent in July to 7 percent today. The have an honest discussion about how know what’s going on behind these we can extend health care coverage trend is right. closed doors in the dark of night. If In Colorado, we have some 42 without a government takeover and this bill really is the right prescription without cutting Medicare. projects, transportation projects, as a for reform in the health care system, result of the Recovery Act. We have in- then it will stand up to the light of f creases in energy. We have wind com- day. panies coming. We have solar compa- b 1245 nies coming to Colorado. It has been a f HEALTH CARE success, to their chagrin. ANNOUNCEMENT BY THE SPEAKER (Ms. ROS-LEHTINEN asked and was Now we hear ‘‘Just say ‘no.’ We like PRO TEMPORE the status quo’’ when it comes to given permission to address the House health care. This country can’t stand The SPEAKER pro tempore. Mem- for 1 minute and to revise and extend the status quo when it comes to health bers are reminded that House Rules re- her remarks.) care. Premiums are up, deductibles are quire that they address their remarks Ms. ROS-LEHTINEN. Mr. Speaker, up, discrimination exists against peo- to the Chair. my mother is 83 and not in the best of ple with prior illnesses. That’s got to f health. When I see what is being pro- change. posed in this House, health care agen- HEALTH CARE We are going to vote ‘‘yes’’ and stop das that take away from seniors like this inequity in health care. (Mr. MURPHY of Connecticut asked her, I get a cold shiver down my spine. f and was given permission to address Medicare and Medicare Advantage are the House for 1 minute.) lifelines for many elderly Americans, HEALTH CARE Mr. MURPHY of Connecticut. Mr. especially in my area of south Florida. (Mrs. SCHMIDT asked and was given Speaker, when I was home recently, I How can this House justify $162 bil- permission to address the House for 1 spoke to a constituent who had lost his lion in cuts to Medicare Advantage? minute and to revise and extend her re- job because he had contracted gall Why in this economic recession are we marks.) bladder cancer. He was using every limiting the choices for seniors or Mrs. SCHMIDT. Mr. Speaker, I rise dime of his unemployment benefits to causing many to lose their current today to talk about an issue of great pay for the treatment necessary to health care coverage? For seniors in importance—health care. The potential keep him alive. my congressional district, cuts to bill before us should concern all Ameri- He is an example of the millions of Medicare Advantage would be disas- cans. While I have numerous issues Americans who have either lost their trous. with this bill, I will highlight two. health care because they got sick and The Congressional Budget Office says The first is abortion. There is no lan- lost their job or the millions more who that Medicare prescription drug pre- guage to exclude abortion coverage in are just one paycheck or one illness miums will increase by 20 percent be- this bill. An overwhelming majority of away from losing their own. We have to cause of the Democrat plan. I know, Americans are against Federal tax dol- have an answer for those individuals and my constituents know, that sen- lars paying for abortion; yet this bill and for those families. iors simply cannot afford this. opens the door to do just that. The Republican strategy of stopping The health care reform bill makes it Second, cuts to our seniors. This bill health care reform at no cost provides tougher on seniors to get the coverage is paid for out of the pockets of our no answer for the people of this coun- and the treatment they deserve after a seniors, with $162 billion coming from try who have been waiting too long for lifetime of hard work and sacrifice. Of Medicare Advantage, a plan millions of a solution. It’s time for this House to course we need health care reform, but our American seniors, including 17,000 get beyond politics and start to provide reform should not be on the backs of in my district, enjoy. real answers for the millions of individ- our seniors.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.014 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11802 CONGRESSIONAL RECORD — HOUSE October 27, 2009 HEALTH CARE HEALTH CARE Now Speaker PELOSI is playing a game (Mr. BROUN of Georgia asked and (Mr. REHBERG asked and was given of hide-and-seek with a health care sys- was given permission to address the permission to address the House for 1 tem that comprises one-fifth of our House for 1 minute and to revise and minute.) GDP. extend his remarks.) Mr. REHBERG. This Saturday, as The American people would like to Mr. BROUN of Georgia. Mr. Speaker, Americans celebrate Halloween, we know what you are hiding as they seek Americans are growing tired of having should learn a valuable lesson from the to find out what is in this bill, this to speculate about what is in a 1,000- frightening results Dr. Frankenstein’s massive, government-run health care plus page bill that is still being drafted medical experimentation had. bill. Perhaps you are hiding the fact in secret behind closed doors. The Today, Congress is debating its own that this will lead to government bu- American people want transparency in dangerous health care experiment. reaucrats taking over control of sen- this process, and they want real bipar- Stitched together in hidden labora- iors’ health care. tisan reform. They want a step-by-step tories from parts of at least five dif- Maybe you are hiding the fact that approach. ferent bills and countless special inter- this bill is designed to include $163 bil- Why don’t we work together out in ests, the final health care monster will lion in cuts to Medicare Advantage. the sunshine and add even a few of the ultimately hurt American seniors. These cuts will have an exceptionally elements Republicans have presented In Montana alone, more than 26,000 harmful impact on seniors in rural in our 53 health care alternatives? seniors choose to use Medicare Advan- areas, forcing many seniors into a one- One of these alternatives is my OP- tage. The nonpartisan Congressional size-fits-all government-run health TION Act, H.R. 3889, that among other Budget Office warns of $162 billion in care plan. things would, number one, make the cuts to this popular program. Those I would like to know, but I haven’t purchase of health insurance more af- will hurt those Montana seniors. seen the details of the bill because I fordable to more people. It would allow Worse, this plan will increase the cost don’t know where they are hiding transparency in health care pricing; of prescription drug premiums for sen- today. If you claim that it is true that make all health care-related expenses iors by 20 percent over the next 10 the American people want government tax deductible for everybody; and allow years. to take over health care, why is this for individuals to keep their health in- When it comes to America’s health process so closed and secretive, Madam surance once they leave their jobs or care system, the stakes are too high Speaker? shop across State lines. for reckless legislative experimen- The American people and our seniors We must bring health care reform tation. No one will remember how the deserve to know better. Madam Speak- back from the partisan abyss and give monster was made, but they will reer, where are you? the American people real bipartisan member the damage it did. f health care reform. f OPENING OF THE JAMES A. FARLEY MEMORIAL BRIDGE f HEALTH CARE (Mr. HALL of New York asked and RECOVERY ACT AIDING UPSTATE (Mr. HIMES asked and was given per- was given permission to address the NEW YORK mission to address the House for 1 House for 1 minute.) (Mr. MAFFEI asked and was given minute.) Mr. HALL of New York. Mr. Speaker, permission to address the House for 1 Mr. HIMES. Mr. Speaker, we are earlier this week I attended the open- minute and to revise and extend his retreated this afternoon to a steady ing of the James A. Farley Bridge in marks.) stream of people rising, despite what Stony Point, New York. Eight months Mr. MAFFEI. Mr. Speaker, I rise they say, in opposition to fundamental ago, that bridge was 80 years old and today to talk about some of the recent health care reform. This long line of structurally deficient, one of 13 defi- investments that the Recovery Act has speakers, what do they have in com- cient bridges on the list issued by DOT made in my home district in upstate mon, apart from their party affili- after the I–35 bridge collapse in Min- New York. ation? They have really good health nesota. A few weeks ago, Secretary of Energy care, and they have got jobs guaran- This Monday, just yesterday, thanks Steven Chu came to Syracuse to tour teed until January of 2011. to the hard work of so many, we cele- some of our innovative renewable en- What about the millions of Ameri- brated the early opening of its replace- ergy research facilities. When he was in cans who find themselves without jobs ment. This project is more than just a town, we announced more than $1.4 today and who, as they think about bridge; it is an investment in our com- million in funding for energy efficiency what the future holds, also think about munity, in our country and in our fu- programs in the city of Syracuse alone. and worry about and are terrified by ture. It created jobs that cannot be The doors, windows, heating and cool- the fact that their child may not be outsourced, while strengthening the ing system at City Hall will be able to see a doctor when that child local communities. switched to a high efficiency, energy needs to? The new bridge will hold three lanes saving model. This is a great invest- We should talk about tort reform. We of traffic and sidewalks on either side, ment, because not only does it provide should talk about interstate competi- keep our communities connected, re- for lower carbon emissions, it will action of insurance. But only the bill duce congestion, and strengthen the tually reduce the energy bills that Syr- being discussed now, not in secret, only Route 9W corridor, providing faster re- acuse taxpayers will have to foot. the bill being discussed now provides sponse times for local EMS and less This weekend, I announced energy ef- for the coverage of those many mil- noise for neighborhoods with reduced ficiency funding for the town of lions of Americans who have lost their detoured traffic. Irondequoit. Irondequoit has already job in this recession. That is serious We should celebrate the cooperation had an impressive energy plan in place, business, and that is what this House between Federal, State and local gov- so they will make the most of the should continue to focus on. ernment officials, especially the super- $440,000 grant. Irondequoit will pursue f visors, Howard Phillips and Phil projects like replacing lightbulbs at Marino from Stony Point and HEALTH CARE often-used public parks and creating a Haverstraw, the two towns joined by Deputy Commissioner of Public Works (Mr. NEUGEBAUER asked and was the bridge. I would like to congratulate for Sustainability. given permission to address the House them and all the workers on a job well- In my district, Mr. Speaker, the Re- for 1 minute and to revise and extend done. covery Act is making smart short-term his remarks.) f and long-term investments. It is giving Mr. NEUGEBAUER. Mr. Speaker, the communities in my district the flexi- people of my district are frustrated and HEALTH CARE bility of making improvements and they are scared. They feel like their (Mr. DANIEL E. LUNGREN of Cali- creating jobs. Federal Government is out of control. fornia asked and was given permission

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.016 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11803 to address the House for 1 minute and on true health care reform, instead of Now, that is the health care system to revise and extend his remarks.) being the party of ‘‘no.’’ that my colleagues in the light brigade Mr. DANIEL E. LUNGREN of Cali- f want to protect. Keep trying to protect fornia. Mr. Speaker, we have been told it, guys. It ain’t going to work. The HEALTH CARE that the public option is now back on American people want a change, and the table, but we have to call it by (Mr. LATTA asked and was given they are going to get one. some other name. Well, I have done a permission to address the House for 1 f little work on the criminal justice side, minute and to revise and extend his re- and we used to have something called marks.) b 1300 prior acts evidence. You look at what Mr. LATTA. Mr. Speaker, I come ANNOUNCEMENT BY THE SPEAKER someone has done in the past and you from northwest Ohio. I know that PRO TEMPORE see how that allows you to interpret many of my colleagues from around The SPEAKER pro tempore. Mem- what they are doing now. this House go home every weekend, and bers are reminded that the rules of the So let’s look at what we have done it wasn’t very long ago I was home and House require that Members address with the issue of student loans. Oh, I was speaking with one of our small their comments to the Chair. yes, we got rid of the private option for business owners. f student loans this month, because the He came up to me and said, Bobby, I President and the Democrats said the have a question to ask you. He said, HEALTH CARE government has to take it over. And Where are we on this health care? (Mr. CASSIDY asked and was given now we have in this bill an effort to try I told him. I said, This is where it permission to address the House for 1 and get rid of the only private option looks like we are going. minute and to revise and extend his rein Medicare. It is called Medicare Ad- He said, Do you think it is going to marks.) vantage. pass? Mr. CASSIDY. Mr. Speaker, as a sub- But forget about that, because when I said, I am not really sure right now. stitute for a plan that actually con- they tell us now the private option is But he said, You know what? I am trols health care costs, the Senate ma- just an option for competition and they going to tell you something. I have jority leader has devised a gimmick. are not going to take over by govern- been trying to read these bills to the Under the plan announced yesterday, ment the health care system, trust best of my ability to find out what is in the Federal Government imposes bil- them with that. Forget about the prior them. I am going to tell you right now, lions of dollars of taxes on all 50 evidence. Give them the benefit of the if this bill passes, there is no way I can States, imposes billions in unfunded doubt. survive. I am going to have to close up. mandates via the Medicaid program, The American people aren’t fooled. We are talking about people and increasing the debt load of every cit- They look at what they have done be- their health care, and it is very impor- fore, they look at what they are doing izen, creating a new government-run tant. There is not one person in this now, and they are telling us, help us insurance program that, according to Chamber that would say we should not stop them. Help us stop them. the CBO’s official analysis, is more ex- be doing something about health care pensive than the status quo. Individual f in this country. But we also have peo- States can opt out, but their citizens HEALTH CARE ple out there trying to put jobs out cannot opt out of the taxes, and they (Ms. WASSERMAN SCHULTZ asked there so people can work. And when I can’t opt out of the debt, and they and was given permission to address looked around that business where he can’t opt out of the job losses that will the House for 1 minute and to revise was, you start saying, Where are these result from these higher taxes and and extend her remarks.) people going to go after this? We have debt. Ms. WASSERMAN SCHULTZ. Mr. over 10 percent unemployment in Ohio, Real reform will not require gim- Speaker, you know, I will tell you what and it is getting tougher. The worst is micks or job loss. States should not is scary. What is scary is the woman yet to come. have to pass laws to save themselves. who came into my office a few weeks Mr. Speaker, the American people Real health reform lowers costs by em- ago who shared her story with me to want health care reform, but we have powering patients. If we give patients tell me about her breast cancer experi- to do it responsibly. direct control over health care dollars ence that she had just been through for f and the information they need for value-conscious decisions, we will have the third time. She told me how I as a HEALTH CARE breast cancer survivor was fortunate reform. because when I was diagnosed all I had (Mr. MCDERMOTT asked and was f to worry about was fighting the cancer. given permission to address the House HEALTH CARE When she was diagnosed, she also one for 1 minute and to revise and extend day later lost her job and, with it, her his remarks.) (Mr. INSLEE asked and was given health insurance. So not only did she Mr. MCDERMOTT. Mr. Speaker, the permission to address the House for 1 have to battle breast cancer, but she people may be wondering what is going minute and to revise and extend his re- also was faced with battling how she on here today. Well, you are watching marks.) was going to get her health care taken the charge of the light brigade. The Re- Mr. INSLEE. Mr. Speaker, the debate care of so she could get well from publicans believe that they can just we’re having today is between two breast cancer and continue to be the throw themselves into it and they will groups—those who believe we can im- survivor that she has been for many, stop it. But they are not going to stop prove America and those who believe many years. it. we can’t improve America. We believe Americans are tired of the party of The other night, Tuesday night, New we can improve American energy; they ‘‘no.’’ Americans are tired of obstacle York City, a friend of mine had a prob- believe we can’t. We believe we can im- after obstacle standing at that podium lem. He called a doctor’s office and got prove health care; they believe we insisting on making up things that just the first question, which is always, can’t. We believe we can stop insurers aren’t true. What kind of insurance do you have? from preventing us from having cov- There are bills out there that are He said, Well, I don’t have any insur- erage because we have a preexisting available and accessible to anyone to ance. I am from out of the country. condition; they believe we can’t. We look at. This has been an open and They said, Oh, well, you can come in need some more Republicans and fewer transparent process. But the bottom and see the doctor, but you have to Republican’ts because saying we can’t line is there are 46 million people that bring $250 in cash or the doctor will not improve America is not up to the don’t have health insurance. We need see you. standards that America was built on. to provide stability and security to He said, I don’t have that kind of We can stop insurance companies. Let’s those that do and bring the costs down. cash. get some more of these Republican’ts I challenge our colleagues on the They said, Well, tough luck. Go to to become Republicans and help us re- other side of the aisle to work with us the emergency room. form health care in this country.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.017 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11804 CONGRESSIONAL RECORD — HOUSE October 27, 2009 HALLOWEEN HEALTH CARE for 1 minute and to revise and extend will soon be debating a health care re- (Mr. POE of Texas asked and was his remarks.) form proposal on the floor of this given permission to address the House Mr. ROE of Tennessee. As a physician Chamber. The biggest question in this for 1 minute.) with over 30 years experience in treat- proposal will be whether or not we Mr. POE of Texas. Mr. Speaker, in ing patients, I came to Washington to should have a government-controlled the dark caverns of the Capitol where participate in the great health care de- health insurance option called the pub- the trolls roam at night, the Halloween bate. Everyone in this Chamber agrees, lic option that is targeted to cost health care bill is being drafted by a se- we need health care reform. I will tell about $900 billion, half of which is on cret few. The bill is being written in se- you, to be the first, I want to opt out the backs of the taxpayers and small cret so no one, especially seniors, see of the public option. We’ve tried that businesses of this country in the form it. in Tennessee, and it was a fiscal dis- of higher taxes, surcharges and fees, Mr. Speaker, what is being cooked up aster. Costs tripled in less than 10 and the other half is money stripped in the dungeons of this building? Is it years, quality decreased, and access de- out of the Medicare system; hundreds just too scary for people to know creased. of billions of dollars stripped out of What are we going to do? We’re going about? Well, probably so. You see, it Medicare. to take $400 billion to $500 billion away takes $500 billion from Medicare and When the proponents tell you that if from our senior citizens’ health care gives that money to the national Hal- you like the insurance that you have, while in 2011, we’re going to add 3 mil- loween health care bill. That’s a fright- you can keep it, they’re not referring lion to 3.5 million baby boomers each ening nightmare for people, especially to the 10 million seniors who are on the year. That’s 30 million more people. seniors. And more importantly, it Medicare Advantage Program that will Guess what: They can do the math. De- turns America’s health over to the gov- be phased out. Mr. Speaker, it’s impor- creased access, decreased quality, and tant that the proponents of the public ernment. increased costs will be the result of Does anyone actually think the gov- option be honest with the seniors of this right here. this country in terms of what it will do ernment can do it better? The Hal- Americans should ask themselves one to them. loween health care bill will probably question at the end of the day: When have the competence of FEMA, the ef- this huge, 1,000-page, incomprehensible f ficiency of the post office, and the com- bill, which I’ve read every page of, HEALTH CARE passion of the IRS. The bill may be comes to fruition, will the health care (Mrs. CAPPS asked and was given ready just in time for Halloween, and it that I get and my family gets and that will be a treat for the special interest permission to address the House for 1 my doctor is able to provide for me, minute and to revise and extend her re- groups, but it’s a trick on the Amer- will it improve? The answer is ‘‘no.’’ ican people, especially the seniors. No marks.) f wonder they’re scared of it. Mrs. CAPPS. Mr. Speaker, the news And that’s just the way it is. HEALTH CARE from the Senate that they will include a public option in the health reform f (Ms. SUTTON asked and was given bill is encouraging, as we in the House HEALTH CARE permission to address the House for 1 minute.) prepare to vote on comprehensive re- (Mr. COURTNEY asked and was Ms. SUTTON. Mr. Speaker, what form. It is also precisely what the ma- given permission to address the House we’re seeing here is, we are on the jority of Americans want. They want for 1 minute.) brink of passing health care reform in true competition in the health insur- Mr. COURTNEY. Mr. Speaker, this this country. Why are we doing that? ance market, and only the public op- past Sunday the front page of The New We’re doing this for my constituents tion can do that. If the current insur- York Times reported a survey of insur- and constituents across the country. ance market had wanted to provide eq- ance brokers across America who have We’re doing it for the grandparents uitable and affordable health coverage now predicted that the increase in in- who I saw on Sunday, whose 12-year-old for Americans, we wouldn’t have 47 surance rates for small businesses in granddaughter, a life full of promise, is million uninsured people. 2010 will be 15 to 23 percent. Last year awaiting a transplant, but she might These are our constituents, our it was 7 to 12 percent. So if your pre- not be able to get that transplant. neighbors, even our family members. mium as a small business for a worker They have optimistic signs that she It’s the young mother who called me to was $4,500 in 2008, it will be $5,500 in would be fine, but she might not get tell me that her daughter, born with 2010. That is the Halloween surprise for that because her health insurance is spina bifida, was being denied a life- small businesses in America today. about to reach its cap. saving surgery. I urge my colleagues to There is no group in America that And we’re doing it for the elderly join me in welcoming the news from takes a harder hit than the self-em- gentleman who I met. He had a part of the Senate. Let’s pass real health re- ployed and small group markets who his arm stripped away because he had form now. have no mechanism to pool their risk melanoma as a young man. He never f that large employers and people in the had another day of sickness regarding HEALTH CARE Congress benefit from, as members of melanoma in his life, but he has dodged the Federal Employee Health Benefits health care issues forever because he (Mr. CARTER asked and was given plan. couldn’t get insurance because of his permission to address the House for 1 This bill will create a national pur- preexisting condition. Now he’s on minute and to revise and extend his re- chasing exchange so that the risk-tak- Medicare, and he has that system that marks.) ers in America will actually have the is working for him. Mr. CARTER. Mr. Speaker, the jury opportunity to provide and buy afford- But that’s not how it should be in is out. The jury is looking right now, able health insurance for themselves this country. You shouldn’t have to and they’re wondering, What’s going on and their employees. It is for America’s wait to be 65 in order to access afford- with health care? We’ve heard all this capitalism and for America’s entre- able, quality health care. We’re better evidence here today. Some say this; preneurs that the need to fix this mar- than that, and we’re going to give the some say that. But the Democrats say, ket is the most critical, and that is American people better than that. We’re going to make it better, the government can do it better, and we’re why it is time to stop listening to the f voices of ‘‘no’’ and move forward with going to make it better. Our experience real health care reform that will make HEALTH CARE says, Wait a minute; the government America’s economy grow and be viable. (Mr. COFFMAN of Colorado asked doesn’t do things very well. f and was given permission to address So where’s the evidence that it is the House for 1 minute and to revise going to do it better? Well, hold on. It’s HEALTH CARE and extend his remarks.) still behind closed doors. When we (Mr. ROE of Tennessee asked and was Mr. COFFMAN of Colorado. Mr. come out from underneath those closed given permission to address the House Speaker, the House of Representatives doors, we’ll give you 72 hours to try to

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.023 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11805 figure out what we’re doing, and then We need reform, Mr. Speaker, but increased at approximately 10 percent we’re going to make you vote. I think Americans deserve better than secret a year, and today, more than 1.1 mil- the American people and the jury of deals. I support proposals to make pur- lion Virginians are uninsured. the American public want this thing chasing insurance more affordable, ex- From the hourly worker in Newport out in the sunlight. Open the doors. pand health savings accounts, help News, Virginia, who must somehow Share the information. Let us know small businesses afford their benefits find room in his or her budget to pay what’s going on, Mr. Speaker. That’s and end lawsuit abuse. It’s time to for health insurance, to the small busi- what the American people need to begin open, transparent, bipartisan ness owner in Fredericksburg, Virginia, know. Their health care is at stake. work on legislation that actually in- who voluntarily chooses to provide f creases choices and lowers cost. health insurance as a benefit to his or her employees but, with the slowing f HEALTH CARE economy, is finding it incredibly dif- (Mr. DEFAZIO asked and was given HEALTH CARE ficult to absorb increased health insur- permission to address the House for 1 (Mr. WEINER asked and was given ance costs, Virginians are struggling to minute.) permission to address the House for 1 find affordable health care. Mr. DEFAZIO. Well, the Republicans minute and to revise and extend his re- I’ve been traveling around my dis- are invoking Freddy Krueger and say- marks.) trict, and have held dozens of meetings ing that he wrote the Democrats’ Mr. WEINER. Ladies and gentlemen, with constituents and with my 150- health plan, and it’s going to be dan- I have a viewer’s guide for what’s going plus-member health advisory council, gerous for Americans. Really scary. to be going on on this side of the aisle and thousands of e-mails are pouring I’ll tell you what’s scary. Scary is this morning and this afternoon. What into my office each week. In addition, losing your job and being confronted essentially it comes down to is my Re- I have also hosted multiple town hall with a bill for continued health insur- publican friends don’t want you, the meetings and tele-town hall meetings. What I am hearing from my constitu- ance that eats up two-thirds of your American people, to have what they ents is that they do not want to be benefits. Even more scary—and this have. forced into a new government-run has happened to people in my district— They say they don’t want any gov- is having your company go bankrupt health care plan that will limit their ernment-run health care, but 55 of choices of doctors and of medical treat- and being told that your health insur- them have Medicare. You don’t see ance will cost more than your unem- ment options. Equally as important is them sending that back. They say that to protect our small businesses, which ployment benefits. That is, if you can they don’t want the plan that we have, get it; if you’ve never been sick, if your are the backbone of our economy, from which would create more choices for being penalized. kids have never been sick. You can go the American people. Well, they don’t into the private market and buy a pol- I hope that we will take this oppor- want you to have what they have. Go tunity to craft legislation across the icy that exceeds your unemployment to the Web site for the Federal Em- aisle that will make health care more insurance. Of course if you have ever ployees Health Benefit plan and see affordable, that will enhance access for been sick, a preexisting condition, for- what a great plan they have, but they all Americans, that will ensure pa- get about it. don’t want you to have more choice. tients are getting their health care, The Republicans promised 132 days Frankly, I don’t know what it is they and that will guarantee that doctors ago that they would have their own do want. They said 131 days ago they and patients, not insurance companies, health care plan. Where is it? Now 132 were going to have a plan. You hear are making important health care deci- days later, you know why we don’t that sound? That’s the sound of their sions. have it, why there is a resounding si- plan. They don’t seem to have one. I f lence on that side? Because if you are have heard us talk about all this stuff going to take care of people with going on behind closed doors. My HEALTH CARE health care, you have to take on their friends, there are five committees, five (Mr. SARBANES asked and was given two biggest benefactors, the pharma- bills. You can read them. I know it’s a permission to address the House for 1 ceutical industry and the insurance in- lot of words, but you can see exactly minute and to revise and extend his re- dustry. And that’s the last thing the what the plan is. Listen to the Amer- marks.) Republicans want to do, take on their ican people. Give them what you in Mr. SARBANES. Hang on, America. biggest campaign benefactors. We have Congress have, a public option, like Help is on the way. to take on pharmaceuticals, take on Medicare; and choices, like the insur- Mr. Speaker, a bill that will create the insurance industry and have mean- ance plan you have. insurance coverage for millions of peo- ingful reform for all Americans. ple who have no insurance coverage f f now is on the way. A bill that will pro- ANNOUNCEMENT BY THE SPEAKER vide better coverage for those who are DEMOCRAT HEALTH PLAN HURTS PRO TEMPORE underinsured and that will deal with AMERICAN SENIORS The SPEAKER pro tempore. Mem- preexisting condition exclusions from (Mr. HASTINGS of Washington asked bers are reminded that the rules of the coverage provisions is on the way. A and was given permission to address House require that remarks be ad- bill that will strengthen Medicare is on the House for 1 minute.) dressed to the Chair. the way. A bill that will improve our Mr. HASTINGS of Washington. Mr. delivery system is on the way. A bill Speaker, the Democrats, contrary to f that will strengthen the health care what we have been hearing, are behind b 1315 workforce is on the way. closed doors, writing a sweeping That is what is coming. The simple change to our health care system. Un- HEALTH CARE proposition we need to test here and fortunately, a government takeover of (Mr. WITTMAN asked and was given what Americans want to know is, when health care, as we know, would raise permission to address the House for 1 it comes to the insurance industry, are taxes, eliminate choices, fine small minute and to revise and extend his re- we going to go on living in their world businesses, and cut Medicare by more marks.) and playing by their rules or are they than $500 billion. According to the non- Mr. WITTMAN. Mr. Speaker, today, going to start living in our world and partisan Congressional Budget Office, millions of Americans cannot afford or playing by our rules? That’s the ques- the proposed cuts would result in mil- do not have access to health insurance. tion here. lions of seniors losing their current Since 1999, health care insurance pre- The bill we’re putting forward is fi- plan, including 100,000 in my State of miums have more than doubled for nally going to make the insurance in- Washington. I have spoken with many most Americans. Virginians are not dustry adhere to good practices. That’s hospitals in my district who say that immune to the Nationwide trend in why we’re going to pass this bill. We’re Medicare cuts would have serious con- health care. For the last several years, going to do it for the citizens of this sequences on them. health care premiums in Virginia have country.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.021 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11806 CONGRESSIONAL RECORD — HOUSE October 27, 2009 HEALTH CARE need to make sure that we have a The time for change is coming. It is (Mr. GOODLATTE asked and was health plan. time now for health care for all Ameri- given permission to address the House f cans. for 1 minute and to revise and extend HEALTH CARE f his remarks.) (Mr. ALEXANDER asked and was HEALTH CARE Mr. GOODLATTE. Mr. Speaker, given permission to address the House (Ms. FALLIN asked and was given somewhere in this Capitol, behind for 1 minute.) permission to address the House for 1 closed doors, the Democrats, by them- Mr. ALEXANDER. Mr. Speaker, Sen- minute and to revise and extend her re- selves, are writing a health care reform ate Majority Leader HARRY REID has marks.) bill that is going to cost the taxpayers included an opt-out plan into this Ms. FALLIN. Mr. Speaker, one of the of this country more than $1 trillion. health care plan. We all know that it is groups which is suffering under the Added on top of the enormous debt still just a government-run plan that’s tough economic times is seniors. that we already have, this legislation going to require a vote of the legisla- Some are still working to earn is also going to include mandates that ture. enough money just to make ends meet. are going to risk millions of American Now, do we really think that the Some are on fixed incomes, and every jobs. At a time when we have nearly 10 Governor and the legislature are going slight increase in expenses can cause percent unemployment and nearly 15 to vote for a plan that opts them out of them to experience difficult times. million people in this country looking the plan but yet requires the taxpayers That’s why I’m very concerned about for work, they’re going to pass legisla- of that State to pay for that plan? the Democrats’ health care proposal to tion that’s going to cost millions of Why, of course not. make massive cuts to Medicare Advan- more jobs if they attempt to mandate Whether it’s opt-out, opt-in, trigger tage plans, which would take benefits on small businesses, which are strug- plan—whatever it’s called—it’s still a away from our senior citizens, even 1 2 government-run plan that’s going to gling, an additional obligation of an 8 ⁄ though President Obama has promised create an unfair advantage for the gov- percent payroll tax. Americans that, if they like their ernment against private insurance, In addition, this is going to harm our health care plans, they can keep them. causing many people to lose their senior citizens in a multitude of ways. The Democrats’ plan to cut Medicare Those of them who are on Medicare Ad- plans. I am not going to vote for a plan that Advantage will limit choices; it will vantage plans, like thousands in my cause seniors to lose their coverage; it congressional district in Virginia, are raises taxes, that cuts benefits or that drives a Washington bureaucrat be- will increase prescription drug pre- going to lose the opportunity to par- miums by as much as 20 percent. It will ticipate in those plans as they take tween the patients whom I represent and the physicians. even have an exceptionally harmful $162 billion in cuts out of that portion impact on seniors in rural areas when of Medicare and $400 billion in cuts f we try to force them into a one-size- from Medicare overall. HEALTH CARE fits-all government plan. Save our seniors. Vote against this I will not support a health care plan bad plan. (Mr. GEORGE MILLER of California asked and was given permission to ad- that cuts benefits for millions of our f dress the House for 1 minute and to re- seniors, who have worked their entire lives paying into this system. We can’t HEALTH CARE vise and extend his remarks.) Mr. GEORGE MILLER of California. ask our seniors on fixed incomes to pay (Mr. BACA asked and was given per- Mr. Speaker and Members of the higher costs, and we can’t force seniors mission to address the House for 1 House, during my recent trips back to off of their health care plans they minute.) my congressional district, I spent time choose. Mr. BACA. Mr. Speaker, we need with many small business owners who As a Republican, I am for health care health care reform right now. We need are still in business and who are able to reform, but it’s wrong to finance it on behalf of the 47 million people continue to keep their doors open, but health care reform on the backs of our who don’t have insurance. We need it they do so by cutting back the health seniors. on behalf of the 217 in my district who care benefits to themselves and to f don’t have any insurance. their workers. In some cases, they’re HEALTH CARE They talk about costs. What costs getting rid of health care, and they la- are going to go up if we don’t do any- ment that fact because they are very (Mr. SCOTT of Georgia asked and thing about health coverage? fond of their workforce. They believe was given permission to address the Right now, many of our seniors are that they’re very productive and that House for 1 minute.) suffering. They’re wondering how they’ve helped them, but they simply Mr. SCOTT of Georgia. Mr. Speaker, they’re going to pay their health care cannot afford it. ladies and gentlemen, America is a bills, how they’re going to put food on They’re part of a larger movement in great country. It is the greatest coun- the table and how they’re going to take this country of businesses, both large try on the face of the Earth. care of themselves. A lot of youth are and small, to get out of the health care The reason that it is the greatest asking: How are we going to provide field and to stop offering these bene- country on the face of the Earth is health insurance for a lot of us who fits, in some cases, to new hires and, in that, at great moments of crisis, this don’t have it? some cases, to all of their employees. country has risen to the occasion. We owe it to the American people. We’re seeing this with a record number When it was during the Depression, we This is not about maintaining the sta- of companies. Why are they doing that? rose to the occasion. When we needed tus quo, and this is not about pro- It’s for the same reason that families Social Security, we rose to the occa- tecting the insurance companies. This are struggling. It’s because the costs of sion. With Medicare, we rose to the oc- is about doing something for the Amer- health care continue to go up and up casion. ican people. It’s time that we have a and up. It’s crushing America’s fami- Also at that time, there were the health plan that covers all Americans lies and it’s crushing America’s busi- naysayers. There were people who to make sure that we’re not left out, to nesses. would just say ‘‘no.’’ That’s what my make sure that everybody has the abil- That’s why we’re going to have in the friends on the other side of the aisle ity to enjoy their quality of life and to next couple of weeks a vote on health did. Where is their plan? They have no be able to say: You know what? I know care in this House and in the Senate, plan. that I’m going to get coverage, and it and we will send a bill to the Presi- At this moment of crisis, we Demo- doesn’t matter where I am. dent’s desk so that, finally, we will crats are standing here, and are saying I am not going to maintain the sta- have real competition in this system America deserves better. America de- tus quo. With the Republicans, it’s all and so that insurance companies will serves the best. Now, they talk about about maintaining the status quo, and no longer run this system for their fun our being in the dark with plans? We’ve that’s not what America wants. We and profit. had health care debates. We’ve had

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.024 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11807 meetings. We’ve had bills moving REPEATING OUR MISTAKES million U.S. citizens who don’t have through three houses in this Congress— (Mr. MCCLINTOCK asked and was health care, but they can’t do it be- two in the House and in the Senate. given permission to address the House cause they can’t make a profit on Republicans have had their shot. We for 1 minute.) someone like that. So that’s why we need this bill. Let’s stand up for Amer- Mr. MCCLINTOCK. Mr. Speaker, to- need a public option. H.R. 3200 will help ica and have health care. day’s unemployment rate of 9.8 percent that. We will have health care for ev- f last reached that level in 1983. Presi- eryone. dent Ronald Reagan responded by cut- f HEALTH CARE ting taxes and by reducing regulatory b 1330 (Mrs. BACHMANN asked and was burdens on the economy, and he pro- given permission to address the House duced the biggest peacetime economic ANNOUNCEMENT BY THE SPEAKER for 1 minute and to revise and extend expansion in our Nation’s history. PRO TEMPORE her remarks.) Today, President Obama is doing ex- The SPEAKER pro tempore. The Mrs. BACHMANN. Mr. Speaker, the actly the opposite. ObamaCare, cap- Members are requested not to traffic Republicans were just castigated for and-trade and the other measures the well when another Member is under being the party of ‘‘no,’’ and I would promise the biggest tax increases and recognition. submit that it is just the opposite, and the heaviest regulations that we’ve f this is why. ever seen. The President of the United States, Three Presidents within the last 100 HEALTH CARE REFORM in a historic move, gave a speech to the years have responded to recessions by (Mr. MILLER of Florida asked and joint session of the House. He said, If reducing taxes and regulations. Warren was given permission to address the any Republicans have positive ideas, Harding, John F. Kennedy and Ronald House for 1 minute.) they need to come to me, and I’ll be Reagan all produced rapid and dra- Mr. MILLER of Florida. Mr. Speaker, happy to sit down with them. matic economic recoveries. the constituents of the First District of Well, I wrote a letter to the Presi- We’ve had two Presidents in those 100 Florida and the people across this dent, taking him up on that wonderful years who reacted to recessions by country have spoken loud and clear: offer, and said, I have a positive alter- doing the opposite—Herbert Hoover in We do not want a public option or gov- native, Mr. President. Could I sit down the early 1930s, who radically increased ernment-run health care. and share that with you? I’m still wait- taxes and spending and who imposed But I guess the Democrats can’t hear ing by my desk for that return phone unprecedented burdens on trade, and from behind closed doors. call, and I have yet to receive the cour- the other is Barack Obama. The majority leaders have turned a tesy reply as have multiple of my Re- As they say, those who refuse to deaf ear to the American people and publican colleagues offered to the learn from history are condemned to continue to insist on a public option. President to share with him their posi- repeat it. Whether it be an exchange, a co-op, tive alternatives. f single payer, or whether States opt in The party of ‘‘no’’ is the party that or opt out, the fact is the majority locks the door on Republicans to even HEALTH REFORM party leaders, behind closed doors, are prevent them from coming into a com- (Mr. GENE GREEN of Texas asked crafting a final health care bill that mittee room to offer our positive alter- and was given permission to address would force a public option down our natives. We have them. What has the the House for 1 minute and to revise throats. majority offered? They’ve offered to and extend his remarks.) If a robust public option is absolutely cut Medicare to senior citizens by $500 Mr. GENE GREEN of Texas. Mr. critical to health insurance for Ameri- billion. Is that a positive alternative? Speaker, I have to admit that I’ve cans, then why does this increased cov- We have loads of them. We’re the party never heard someone quote Herbert erage not occur until at least 5 years of ‘‘yes.’’ Hoover as being so bad and President after enactment? Stop being the party of ‘‘no.’’ Obama as being so good. We have to re- This health care reform bill is a farce f member that Herbert Hoover was actu- and should be voted down. Americans ally a Republican. don’t want government-run health care HEALTH CARE Mr. Speaker, am I supposed to have as their only option. (Ms. EDDIE BERNICE JOHNSON of the floor or do the Republicans have it f Texas asked and was given permission part time? to address the House for 1 minute.) The SPEAKER pro tempore. The gen- HEALTH CARE Ms. EDDIE BERNICE JOHNSON of tleman from Texas is recognized for 1 (Ms. SCHWARTZ asked and was Texas. Mr. Speaker, all of the Amer- minute. given permission to address the House ican people need health care now. Re- Mr. GENE GREEN of Texas. Thank for 1 minute and to revise and extend form must come, and it’s coming to the you, Mr. Speaker. her remarks.) floor very soon. I rise in strong support of a national Ms. SCHWARTZ. Mr. Speaker, as I For those who are pleased with their health care plan that provides com- sit here and listen to one after another health care insurance, they can keep prehensive health care for every Amer- of the Republicans here in Congress it. Their costs might even go down ican. finding reasons not to move ahead, not with reform. What we want to do is res- Three House committees had many to find that uniquely American solu- cue the insurance from under anti- public hearings and public votes on the tion to helping every American have trust-ignoring insurance companies. bill, H.R. 3200. Democrats are using the access to health insurance, the fact is We all pay insurance, and we like in- same public rules that the Republicans that we have to do more. We have to surance, but no one wants to be abused used when they were in charge. They act right now to ensure that every by any system, and we have seen that just don’t like them because they don’t American has access to insurance cov- happen. have the majority now. erage; that that insurance coverage is The hospitals are attempting to per- We have so many people uninsured in affordable, and that it is meaningful; form all of this uncompensated care. our country. My own district has the that it covers preexisting conditions With this reform, it will be different. I highest uninsured in the country of and provides for ongoing care for suppose that correcting preexisting people who have private insurance—35 chronic diseases; that we can ensure conditions and getting sick will cause percent of our district has private that Americans get quality care and some to lose health care support. We health care, and over 40 percent is un- the right care, including for our sen- must make this change. insured because they can’t afford it or iors. You know, I keep hearing what the their employers don’t provide it. Legislation we have coming before us Republicans are saying, but Mr. Speak- We’ve given private insurance com- protects seniors, makes sure that they er, but that’s not what the plan says. panies plenty of time to cover the 39 see lower copayments for primary care,

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.025 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11808 CONGRESSIONAL RECORD — HOUSE October 27, 2009 that they see lower copayments for LET’S MOVE FORWARD ON A JOB ed behind closed doors is bad for sen- prescription coverage. AGENDA FOR AMERICANS, NOT iors, bad for taxpayers, and bad for the The fact is that we can contain costs AN AGENDA OF GOVERNMENT- quality of America’s health care sys- and help enable every American to RUN HEALTH CARE tem. have access to health insurance cov- (Mr. CAMPBELL asked and was It will cut Medicare spending on sen- erage. This is a moral imperative. It’s given permission to address the House iors. It will cost taxpayers $1 trillion, an economic imperative for our fami- for 1 minute and to revise and extend and it will push the American medical lies and for our businesses and for our his remarks.) system toward an underfunded, over- Nation. Mr. CAMPBELL. Mr. Speaker, it regulated, government-run health care Fifty million Americans without seems that the Democrat majority in system. We can do better than that. health insurance, 14,000 a day being un- this town is determined to install a Republicans have offered in good insured. It’s time to get this done. It’s government-run health care system faith positive proposals putting pa- time to act. which will be costly, inefficient, and tients first, reforms that protect the provide bad care. We all know that. doctor-patient relationship, increase f I happen to support something that’s accessibility, and truly make health care more affordable. However, these HEALTH CARE directionally opposite to that, something called the Patients’ Choice Act, ideas have never been heard in the (Mr. KING of Iowa asked and was which, instead of putting new bureauc- back rooms of the Capitol where the given permission to address the House racies in between people and their doc- Democrats are crafting their own par- for 1 minute and to revise and extend tors, it would eliminate some of the ex- tisan proposals. his remarks.) isting bureaucracies and get employers Mr. Speaker, the majority’s pro- Mr. KING of Iowa. Mr. Speaker, this and the government out of the way be- posals continue to ignore medical li- whole health care debate started out tween people and their doctors so that ability reform, something the Presi- clear back during the Obama-Hillary they can control their own health care. dent himself said would be addressed. debate during the Presidential cam- But you know what? As important as Tort reform has yet to be raised in the paign. the health care debate is here, do you deliberations of our Democratic major- President Obama has come to two know what people in America want ity. premises: One is we spend too much right now? Jobs. They want jobs. And if Mr. Speaker, we cannot allow the money on health care. The proposed so- there is one thing this plan that the government to stand between patients lution from Democrats? Spend a lot Democrats are proposing will do, it will and health care. Americans are smart more, $1 to $2 trillion more. cost even more Americans their jobs. enough to know the difference between The second premise: That too many Mr. Speaker, I would ask you and I no choice and a real choice. are uninsured, 47 million or, as we just would ask the President where are the f heard, 39 million. When you subtract jobs you promised? Let’s move forward THE TEA PARTY MINORITY from 47 million illegal aliens and immi- in America on a job agenda, not an grants and those who qualify under agenda of government-run health care. (Ms. NORTON asked and was given their employer and those who make permission to address the House for 1 f over $75,000 a year and those who qual- minute and to revise and extend her re- ify for government programs, you’re HEALTH CARE marks.) down to 12.1 million, not 47. That’s less (Mr. HASTINGS of Florida asked and Ms. NORTON. Mr. Speaker, the TEA than 4 percent of the population. was given permission to address the Party minority didn’t succeed this They seek to overhaul 100 percent of House for 1 minute and to revise and summer as they thought they had, so the health insurance industry in Amer- extend his remarks.) they have come to the floor this after- ica and 100 percent of the health care Mr. HASTINGS of Florida. Mr. noon. And they are not going to suc- delivery system in America to do Speaker, I have been here 18 years ceed any more on the floor than they what? To reduce that number of unin- fighting for health care for Americans. succeeded with the noise of the sum- sured from 4 percent down to some- There are, regardless of whose numbers mer. And how do we know it? The pub- thing like perhaps 2 and, in the proc- you use, millions of uninsured people lic option has come roaring back. ess, put in place the framework for so- in this country and tens of millions The people got through the noise, cialized medicine. who are underinsured and have become, and they understand now to a fare- Additionally, they give us an opt-out. in many respects, the prime justifica- thee-well. In fact, my greatest fear is Well, here’s what I’ll opt out of: I’ll opt tion for moving forward with one of the that now more people want the public out of funding abortions. I’ll opt out of most aggressive health care reform option than will qualify for the public funding illegals. I’ll opt out of lawsuit agendas in modern history. option in the bill, once they came to abuse, tax increases, and Medicare However, despite the unquestionable understand the relationship between cuts. need for intervention, some have what they’re paying for insurance, that sought to dominate the health care de- health insurance has been going up at f bate with fear-mongering, misinforma- a rate three times their wages, and that is why the wages of the residents HEALTH CARE tion, and blind opposition to key reform elements without offering sub- of our country have been flat for dec- (Ms. FUDGE asked and was given stantive and high-quality alternatives. ades. Once they understood that, they permission to address the House for 1 This perpetuation of fictions and mis- put two and two together. minute.) interpretations is off base and has The American people are smart. They Ms. FUDGE. Mr. Speaker, I have steered the health care discussion off are smarter than the TEA Party crowd been listening to a lot of this today, course. that has taken to the floor this after- and I just feel that it’s time that the One thing I asked Americans all sum- noon. American people hear the truth. mer long as we got to this point was f The truth is that more than 60 per- name me the day in the last 10 years EXPRESSING CONCERN REGARD- cent of the American people want that your health care went down. Name ING THE EFFECT OF PROPOSED health care reform. The truth is that the day. You name the day. HEALTH CARE REFORM ON SEN- seniors pay much too much for their f prescriptions and for their medica- IOR CITIZENS tions. The truth is that the American HEALTH CARE (Mr. KLINE of Minnesota asked and people are being mistreated by their in- (Mr. COLE asked and was given per- was given permission to address the surance companies as they exist today. mission to address the House for 1 House for 1 minute and to revise and And the truth is that Democrats are minute.) extend his remarks.) working to fix the problem and not just Mr. COLE. Mr. Speaker, the Demo- Mr. KLINE of Minnesota. Mr. Speak- be obstructionist. cratic health care bill now being draft- er, I rise today to express my concern

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00016 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.028 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11809 about the consequences of the majority these decisions? This entire debate they are on Medicare Advantage plans. party’s proposed health reform to the could be put on a bumper sticker that These seniors like the plans that they members of our Greatest Generation. says, simply, ‘‘Who Decides?’’ The ma- have, and they want to keep them. As my colleagues have stated over jority wants Washington decisions and The administration has said many and over today, the bill under consider- we want individual decisions. times that if you like the health care ation in the House would pose a major Mrs. Clinton summed it up best 15 plan you have, you can keep it. That threat to our senior citizens. I’m espe- years ago in the last health care de- will not happen with Medicare Advan- cially troubled by the legislation’s con- bate. She said, We can’t trust the tage, and seniors are upset and angry. sequences for the more than 10 million American people to make these deci- Let’s support health care reform for Americans who rely on Medicare Ad- sions. all Americans that doesn’t harm the vantage for their health care coverage. But the majority can’t keep their plans that seniors rely on. Let’s help In my home State of Minnesota, hands off this trillion dollar decision; all Americans. more than 230,000 senior citizens rely so they put into one of the bills things f on Medicare Advantage. More than like $1.6 billion for streetlights. How HEALTH CARE 17,000 of these men and women live in many people are going to get insured my district. And as their Representa- with that? Or $10 billion to shore up (Mr. BUTTERFIELD asked and was tive, I simply cannot abide limiting union—their friends—insurance funds? given permission to address the House their choices, let alone stripping them I wonder how many people are going to for 1 minute.) Mr. BUTTERFIELD. Mr. Speaker, of their coverage completely. These are get insured with that. Or the payoff to what we are seeing today is terribly Minnesotans who, if they like their in- the trial lawyers, who cause us to disappointing. Health care reform is surance, can’t keep it. spend $200 billion a year in defensive Mr. Speaker, we can do better. Let’s necessary and it is urgent. There are medicine to prevent being sued, who’s push the reset button and start over in powerful forces in this country who are helping them? a bipartisan way to write legislation, determined to keep 47 million Ameri- Mr. Speaker, this is about control. not behind closed doors, but out in the cans without health insurance, and open. f this same group is opposed to giving f THE PARTY OF ‘‘NO’’ competition to the insurance industry. If we don’t reform health care, Medi- HEALTH CARE REFORM FOR (Mr. DOYLE asked and was given care costs will surely bankrupt our Na- SMALL BUSINESSES permission to address the House for 1 tion. That is a fact. If we don’t reform (Mrs. DAHLKEMPER asked and was minute.) the cost of employer-sponsored insur- given permission to address the House Mr. DOYLE. Well, I guess all day ance, we will bankrupt companies and for 1 minute and to revise and extend we’re going to hear from the party of families. If we don’t act now, uncom- her remarks.) ‘‘no,’’ no health care plan, no ideas for pensated care will close the doors of Mrs. DAHLKEMPER. Mr. Speaker, I America. rural hospitals in my district and your came to Congress in January to make To the people who have lost their districts across the country. a difference for my community, to jobs and can’t get health insurance be- We are ready to move forward. Demo- make a difference for my district. cause the insurance companies said, crats are ready to make this bold and Today, I heard from one of my con- No, you have a preexisting condition, visionary decision. I am disappointed stituents who owns a small business, a they say ‘‘no.’’ Well, our party has an we don’t have help from the other side. answer for that. Our health care plan printing company in northwestern f Pennsylvania. This small business will stop that. owner received notification that health For people in this country who have HEALTH CARE care premiums for his business are in- filed bankruptcy because insurance (Mr. PAULSEN asked and was given creasing by 51.1 percent this year. That companies stopped paying on their permission to address the House for 1 dwarfs the 14 percent increase of last chronic conditions, this party over minute.) year and the 20 percent increase from here says ‘‘no.’’ Well, Democrats say Mr. PAULSEN. Mr. Speaker, I rise the previous year and dwarfs the 28 ‘‘yes.’’ Our health care bill will cure today to call attention to another job- percent increase that I saw in my own that. killing proposal that only Washington small business when I was still working For our senior citizens who need help could dream up. Only here would peo- there. with their drugs and closing the dough- ple proclaim to lower the cost of health Anyone who has ever worked in a nut hole, the party of ‘‘no’’ doesn’t care by taxing it and making it more small business knows that these costs have a plan. This health care bill will expensive. are unsustainable. This small business help close the doughnut hole. Just today it has been reported that owner told me that his business’ new So I say to my friends over there, the House leadership is now likely to in- family rate will be in excess of $1,700 negative nabobs of negativity, ‘‘no’’ is clude a $20 billion excise tax on med- per month. He wrote, ‘‘I don’t know not a solution for America. Democrats ical devices as part of their health care what can be done, but it is small busi- have a plan that will cover all Ameri- reform bill. This new proposal will halt nesses like mine that cannot afford cans and provide health care and re- innovation and ultimately make health these increases.’’ form this insurance industry that has care more expensive for patients. Mr. Speaker, we must not allow our abused so many people in this country. One week ago I held a field hearing in my district about the impact of this in- small businesses to suffer so unneces- f sarily when something can be done. novation tax. I heard from companies This is a clear and urgent need to pass b 1345 both large and small that there will be health care reform legislation. I en- HEALTH CARE resultant job losses and cuts to re- courage my colleagues on both sides of search and development. the aisle to embrace reform. (Mrs. BIGGERT asked and was given Mr. Speaker, these proposed taxes permission to address the House for 1 f are a very wrong-headed approach. minute and to revise and extend her re- Let’s get back on the right track and HEALTH CARE marks.) remove this tax so we can keep the jobs (Mr. LINDER asked and was given Mrs. BIGGERT. Mr. Speaker, for the we have and make sure that we con- permission to address the House for 1 first time since 1975, seniors will not be tinue the innovation that is alive and minute.) receiving a Social Security cost-of-liv- well in both Minnesota and in our Na- Mr. LINDER. Mr. Speaker, if we were ing increase in fiscal year 2010. And tion. really debating health care, you could now on top of that, seniors are worried f wonder if some of these things could be about their Medicare plans. In almost said with a straight face. every senior center that I have visited HEALTH CARE This isn’t about health care; it’s in my district in the last few months, (Mr. HOLT asked and was given per- about control. Who’s going to control 50 percent of the residents have told me mission to address the House for 1

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00017 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.030 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11810 CONGRESSIONAL RECORD — HOUSE October 27, 2009 minute and to revise and extend his re- works for Apollo Express, a trucking get. That’s what we are going to open marks.) company in Jackson, Michigan. He it up to. That is the Medicare rates. Mr. HOLT. Mr. Speaker, in these de- says he is a partner in this company of They won’t say ‘‘no’’ to Medicare for laying tactics that we see from the 70 full- and part-time employees. They senior citizens. They just say ‘‘no’’ to other side, let’s not lose track of the have 42 employees on their health in- the bill that is going to try to solve it big picture. The health care reform leg- surance program. Just this year, they for everybody else who doesn’t have ac- islation taking shape recognizes the received notice of a 15 percent increase cess to health care and can’t afford different ways that Americans get in their health insurance rates for next health care and has preexisting condi- their health care and helps each one. year. He tells me this happens each and tions and can’t get health care. Those who get their health coverage every year, and they are looking for Also, insurance companies are rais- through their employment will find answers. He fears that they will be ing premiums right now, all over this that insurance companies cannot yank forced to continue to decrease their country, including the rates that we them around, or cut them off if their coverage where they will just be able here in Congress will have to pay. And health treatment becomes expensive, to offer catastrophic coverage for their the party of ‘‘no’’ has said nothing or discriminate against them for pre- employees. about that. Read the bill. Yes, read the existing conditions. Our families and our businesses are bill. Those who get their health care paying more and more every year and f through Medicare will keep the Medi- getting less and less. He is calling upon care they know and love; only it will be us, Democrats and Republicans, to fix ANNOUNCEMENT BY THE SPEAKER better. Closing the gap in the coverage this problem. That’s why I am here in PRO TEMPORE of prescription medicine, the so-called Congress, and I hope we can work to- The SPEAKER pro tempore. The doughnut hole, and moving toward a gether to pass health care reform. Chair would ask Members to respect more patient-based, less procedure- f the gavel and allow each Member the based system. And those not well HEALTH CARE opportunity to have their say. served by today’s existing system, small businesses, employees and em- (Mr. JORDAN of Ohio asked and was f ployers, people between jobs, indi- given permission to address the House HEALTH CARE for 1 minute.) vidual contractors and consultants, (Mr. POSEY asked and was given per- Mr. JORDAN of Ohio. Mr. Speaker, it can get their coverage at lower group mission to address the House for 1 happened last week. Who would have rates and can get assistance in paying minute.) thought that in the United States of those premiums. And overall, this will Mr. POSEY. Mr. Speaker, 57 percent America, a Federal government pay hold down the rising cost of health care of Americans believe the majority’s czar, a Federal government bureaucrat, in America. health care plan will raise their health would tell a private American citizen f care costs. Only 18 percent believe it how much money they can make. But lowers costs. Fewer than 1 in 4 Ameri- HEALTH CARE it happened last week. (Mr. HARPER asked and was given And now if the majority party has cans believe this plan will improve the permission to address the House for 1 their way, coming soon to you and quality of health care in America. And minute and to revise and extend his re- your family, a Federal takeover of according to the Rasmussen poll out marks.) health care with all of the taxes and all yesterday, this is a fact. Mr. HARPER. Mr. Speaker, do we of the bureaucrats getting between you So what is Washington’s response? have good doctors in this country? Do and your family. To press on. The omnipresent defenders we have good surgeons? Do we have Mr. Speaker, pay czar, car czar, en- of the nonexistent problems of 80 per- good hospitals? And do we have reason- ergy czar, a $1.4 trillion deficit, some- cent of Americans are crafting another able access to that care? The answer is times I actually think the other party plan, in secret, one they haven’t even clear that we do. won’t be happy until government runs read yet. Do you believe that a government everything. Sometimes I actually The American people have given this takeover of our health care system will think the other party won’t be happy plan a vote of no confidence. Given the make health care better or worse? Do until they have an IV hooked up to the hundreds of billions of dollars in budg- you really trust the Federal Govern- taxpayer wallet and they can hit the et shortfalls for health plans Wash- ment to take over this important part drip button every time they want. ington already runs—Medicare, Med- of our lives? The last thing that we What we need is common sense, what icaid, SCHIP—is it any wonder the need is to have some government bu- we need is real reform, not more gov- American people don’t believe what reaucrat standing between you and ernment. they are being told about this? It is time to go back to the drawing your doctor on making these impor- f tant decisions. board, and we on this side of the aisle HEALTH CARE Finally, the Democratic health care stand ready, willing, and able to work plan will hurt seniors by cutting Medi- (Mr. FARR asked and was given per- with you in a bipartisan fashion for the care. This Democratic plan will push mission to address the House for 1 best interests of the people of this unfunded mandates to my home State minute.) great country. of Mississippi in the average amount of Mr. FARR. Mr. Speaker, I rise in f $360 million a year for the next 10 strong support of a bill that obviously HEALTH CARE years. My district and our country sim- some people in this room haven’t read. ply can’t afford this. And some people in this room don’t re- (Ms. TSONGAS asked and was given f alize that in order to get results, you permission to address the House for 1 have got to do the positive. You have minute.) HEALTH CARE to work hard and you have to vote Ms. TSONGAS. Mr. Speaker, I rise (Mr. SCHAUER asked and was given ‘‘yes.’’ Voting ‘‘no’’ doesn’t provide any today to discuss the important respon- permission to address the House for 1 leadership; it just keeps the status quo. sibility in front of us on health care re- minute.) But remember, part of this bill is form. We are at a momentous time in Mr. SCHAUER. Mr. Speaker and col- going to have everybody in America our history. For the first time, we have leagues, I am from the State of Michi- have the same kind of insurance that a bill that has been approved by all five gan, where people are losing their we in Congress have. They don’t want committees of jurisdiction. And al- health insurance every day. Businesses to admit that. They don’t want to give though there are still details to be are struggling to pay for health insur- up that insurance. They won’t say worked out, for the first time the ma- ance for their employees. ‘‘no’’ to that insurance. They won’t say jority of us have consensus on the I rise today to give voice to one of ‘‘no’’ to the TRICARE insurance that structures and goals of this bill. We my constituents, Mike Gossett, who spouses and children of military folks have never gotten this far, and I feel

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00018 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.031 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11811 privileged to be in the House of Rep- Listen to Daniel Webster and see health care problems that we have resentatives at this time. what Daniel Webster had to say. He today and they proposed a solution. We So now is not the time to say ‘‘no,’’ said this—it is on the wall up there, call it federalism. See, if something to instill false fear, and to derail this and I urge my Republican colleagues to has to be done the same way at the important effort. We must work to- look at it—Let us develop the re- same time by everybody, only the gov- gether to make sure that what we end sources of our land, call forth its ernment can do it. But if you want cre- up passing is the best it can be for the power, build up its institutions, pro- ativity or to take into account dif- American people because the cost of mote all of its great interests, and see ferent circumstances for justice, then doing nothing is too great. Without re- whether we also in our day and genera- States are, as Louis Brandeis said, the form, the cost of health care for the av- tion may not perform something wor- ‘‘laboratory of democracy.’’ erage American family is expected to thy to be remembered. My State of Utah has instituted a rise $1,800 every year, with no end in I urge my colleagues to join us in health care reform the right way based sight. If we don’t act now, this problem this. Let us sign together to move for- on consumer choice and options where is only going to get worse. If we don’t ward a bill that offers greatness to our business has stable cost, workers have act, 14,000 Americans will continue to country. affordable portable options, and it’s de- lose their health insurance every single f signed for the demographics of Utah. day. We are in a unique moment. But if the Pelosi bill or the Baucus bill b 1400 f were to be passed the way they are JOBS, JOBS, JOBS written today, that State innovation is HEALTH CARE (Mr. MARIO DIAZ-BALART of Flor- destroyed. (Mr. BARTON of Texas asked and ida asked and was given permission to All solutions and intellect are not was given permission to address the address the House for 1 minute.) here in this city. Creative solutions House for 1 minute and to revise and Mr. MARIO DIAZ-BALART of Flor- can happen when the Federal Govern- extend his remarks.) ida. Mr. Speaker, a little memory ment gets off the backs of individuals Mr. BARTON of Texas. Mr. Speaker, check: Do we remember when the ad- with their mandates and regulations my friends on the majority side have ministration promised that by spend- and out of their pockets with their stood before this body today asking ing almost $1 trillion, unemployment taxes; then real people have the ability about the Republican alternative, would go no higher than 8 percent? to find truly creative solutions if we, where it is. Well, I would ask my Well, now it’s close to 8 percent. the Congress, let them. friends on the majority side, where is But not only has this administration f their bill? The three committees in the failed to create jobs, it is rushing to HEALTH CARE House of Representatives each passed enact other bills, other legislation that different bills back in the summer. would lead to the loss of millions of (Ms. RICHARDSON asked and was Those bills haven’t been merged. The more jobs. given permission to address the House Senate passed a conceptual document. The cap-and-trade bill would cost the for 1 minute and to revise and extend Legislative language is not yet public loss of 2 to 3 million jobs a year here in her remarks.) on that bill. the United States. This health care Ms. RICHARDSON. I would like to We will have a Republican alter- proposal could cost Americans 4.7 mil- show you the headlines from my com- native, and I can tell you right now lion jobs and lead to $1 trillion in new munity; ‘‘It’s Official: It’s a Stinker.’’ what will not be in it. There won’t be spending and cuts in Medicare. And what’s a stinker? That, according individual mandates that millions of Mr. Speaker, it’s time to stop spend- to the U.S. Census and the American Americans can’t afford. There won’t be ing trillions of dollars in wasteful gov- Community Survey, in the largest employee mandates that thousands of ernment programs. It’s time to stop county in this Nation, 22.3 percent of small businesses can’t afford. There targeting our senior citizens. What will the people do not have health care in- won’t be a health care choices adminis- it take, Mr. Speaker, for this adminis- surance. In my district, Long Beach, tration that tells the private insurance tration and this Congress to finally 18.8 percent; in Compton, 25.5 percent. sector what kind of coverage they have start focusing on creating jobs? That’s one out of four people are walk- to provide. And there won’t be a com- f ing around and do not have health parative research bureaucracy that care. And that’s important to all of us. could easily lead to rationing of care. HEALTH CARE Why are we the only industrialized There will be a national pool that (Ms. WOOLSEY asked and was given nation that doesn’t provide health covers all preexisting conditions. There permission to address the House for 1 care? Why is it that for my friends on will be subsidies for low-income Ameri- minute and to revise and extend her re- the other side of the aisle we can spend cans. There will be some sort of a com- marks.) billions for a war, but we can’t spend pensation package for our health care Ms. WOOLSEY. Mr. Speaker, our the same for health care? Something is providers. So I would ask my majority: chance to make health care available wrong. Where is their bill? to and affordable for the people of the We applaud the Congress and the f United States is here. I prefer that we Senate and Senator REID for stepping include the robust public option in our up. We need to do this, and we need to HEALTH CARE final plan because, first, it saves more do it now. I’m not willing to look one (Mr. DINGELL asked and was given than $110 billion over any other plan, it out of four constituents in the face and permission to address the House for 1 covers far more people, and it provides say you’re not good enough. Everyone minute and to revise and extend his re- real competition to private health in- deserves health care. And, oh, by the marks.) surers, which in turn will provide lower way, it helps all of us. Mr. DINGELL. Mr. Speaker, I am sad cost and higher quality for the people f today. I hear my Republican colleagues that are insured in the United States. HEALTH CARE just getting up to say ‘‘no.’’ I tell my This is what we need. This is what we Republican colleagues, we have one of need to do for the people of our coun- (Mr. THOMPSON of Pennsylvania the greatest problems that we have try. And now is the time for us to get asked and was given permission to ad- ever confronted in this country. Health on with it and do it. dress the House for 1 minute and to re- care has doubled in the last 8 years, f vise and extend his remarks.) and it will double in the next 8. And by Mr. THOMPSON of Pennsylvania. the year 2020, health care costs will be HEALTH CARE Mr. Speaker, if you like your current $25,000. (Mr. BISHOP of Utah asked and was plan, it had better not be Medicare Ad- The bankruptcy of the steel industry, given permission to address the House vantage because the Democrat health the bankruptcies in the auto industry for 1 minute.) plan proposal cuts $162 billion from and the small business industries are Mr. BISHOP of Utah. Over 200 years that program for our seniors. The rea- directly a cause from this. ago, the Founding Fathers foresaw the son is twofold; they need cuts to pay

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.034 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11812 CONGRESSIONAL RECORD — HOUSE October 27, 2009 for their new government-run health health care and the loss of individual be thrown off Medicare Advantage and care program and they think insurers choice of health care decisions. millions more will pay out-of-pocket in the program are overpaid by 14 per- On this Halloween week, I urge the expenses or face reduced benefits. We cent. Tell that to the 25 percent of sen- Speaker to take off the mask of reform can’t let this happen. iors who are enrolled in the program and focus on health care solutions that f nationwide. I guess they weren’t in- don’t include the government takeover OPTING OUT OF THE cluded in the folks who can ‘‘keep their of health care. The American people GOVERNMENT TAKEOVER plan if they like it.’’ deserve honesty in this debate and Perhaps the Democrats didn’t look at won’t be scared into supporting a trig- (Mr. PRICE of Georgia asked and was the plus side of Medicare Advantage. ger. given permission to address the House for 1 minute.) Studies show that those in the program f spend fewer days in the hospital and Mr. PRICE of Georgia. Mr. Speaker, HEALTH CARE experience fewer readmissions. A study yesterday we learned an interesting in California showed that those en- (Mr. LUJA´ N asked and was given per- thing: the Senate health care bill will rolled in Advantage plans spent 30 permission to address the House for 1 include a fig leaf opt-out of the govern- cent fewer days in the hospital and minute and to revise and extend his re- ment-run health care plan. Now, that were 15 percent less likely to be remarks.) brings up some interesting points and admitted to the hospital. I would say Mr. LUJA´ N. Mr. Speaker, our con- questions: Will Americans also be al- that accounts for a huge savings. stituents have asked us to put them lowed to opt out of the rest of the gov- The Congressional Budget Office also first, not say no and support the status ernment takeover of health care? Will says the Democrats’ health care plan quo. I ask my colleagues from the they be able to opt out of the $800 bil- would increase seniors’ Medicare pre- other side, from both sides, to listen to lion in tax increases? Will they be able to opt out of the $500 billion in slashes scription drug premiums by 20 percent them and help them. to Medicare? Will they be able to opt over the next decade. I thought reform I have a constituent who has had out of forcing millions of Americans was supposed to be improvements, not health problems since she was 21, who onto government-run medicine? Will a plan to soak our seniors. has spent her life shackled by high co- they be able to opt out of a government f pays, inaccessible insurance, and little care, and is asking us to help her. She bureaucrat getting between doctors HEALTH CARE has endured through two bankruptcies and patients? The truth is, Mr. Speak- (Mr. JOHNSON of Georgia asked and and many undertreated health prob- er, anyone who seriously thinks an opt- was given permission to address the lems that cause her pain every day. out is the answer to all of these harm- House for 1 minute.) Another constituent is facing in- ful provisions has already opted out of Mr. JOHNSON of Georgia. Mr. Speak- creases of 20 percent each year in pre- reality. What the American people know is er, the men and women of this great miums for her business. Each year, that there are positive solutions like Nation are not stupid, even though these insurance costs are skyrocketing, H.R. 3400 and the others included from there have been strident, permanent and neither she nor her employees can the Republican Study Committee and and significant efforts to mislead afford them. the Republican Conference. The Amer- them; that reached its heyday in Au- Throughout the country, the Amer- ican people want patients empowered gust. But now we’re talking about a ican people are asking us to help, but and they want positive reforms. That’s public option because the people are we keep hearing ‘‘no’’—‘‘no’’ to those what we should be working on. speaking now. with illnesses and ‘‘no’’ to those who And so I want to salute the American struggle with the high cost of health f people; you want affordable health care. HEALTH CARE care, which means you are sick and Let us do what’s right. Let’s come to- (Mr. MORAN of Virginia asked and tired of the rise in premiums, the cost gether. Let’s have the courage to say was given permission to address the of premiums and the number of denials yes for the American people. House for 1 minute and to revise and that you are getting after dutifully f extend his remarks.) paying those premiums for years and HEALTH CARE Mr. MORAN of Virginia. Mr. Speak- years. So I want to congratulate the er, it’s nice to see our colleagues on the American people; you are about to (Mr. FRELINGHUYSEN asked and other side of the aisle engaged in the have a victory with respect to health was given permission to address the health care issue. Unfortunately, it’s in care. House for 1 minute.) a negative manner again with no posi- f Mr. FRELINGHUYSEN. Mr. Speaker, tive recommendations for us to move as the House majority debates with forward. PUBLIC OPTION TRIGGER itself in secret on the future of health You know, this is what happened (Mr. CONAWAY asked and was given care, the American people are justified back in the 1990s when we tried health permission to address the House for 1 and worried about what is being dis- care reform; there was unanimous Re- minute and to revise and extend his re- cussed behind those closed doors. publican opposition to that effort. And, marks.) As I always do, I have spent months of course, during the 8 years of the Mr. CONAWAY. Mr. Speaker, frus- listening to seniors across my district, Bush administration, we had no effort trated this summer by diligent and and they are particularly concerned to deal with a health care plan. watchful Americans, the President, the about how so-called ‘‘reform’’ will af- So now where do we stand? Well, Speaker and the Senate Majority Lead- fect their Medicare and the medical back in the 1990s, the average family er have been unable to create a single- care on which they rely every day. paid about $7,000 to $9,000 for a family payer health plan, the single largest Let me tell you, they are wise. They policy; today, they’re paying $12,000 to expansion in the cost, size and author- know that the so-called ‘‘Medicare sav- $14,000. We know that within another ity of the Federal Government in 70 ings’’ that are proposed to pay for the decade, if we don’t do something today, years. But rather than give up, the Speaker’s $1 trillion reform bill sounds they’re going to be paying $29,000 to Democrat leadership have decided to an awful lot like Medicare cuts to $36,000 for a family health policy. Now, float an idea as a misdirection play to them. In fact, there are $500 billion in that might be okay if we were get what they want. They call it a trig- cuts to Medicare over 10 years in the healthier as a result, but out of 110 ger; I call it a wolf in sheep’s clothing. bill, cuts that affect them, the doctors countries surveyed, we are 72nd. Sev- While some might argue that a trig- that treat them, and the hospitals who enty-one countries are healthier than ger would lower health care costs, care for them. we are. Americans are awake and watching and Specifically, the majority plans to Our health care system isn’t work- they know better. They see this wolf slash the Medicare Advantage program ing. It’s too expensive, we’re not get- and realize that a trigger paves the by more than $120 billion. Experts be- ting what we’re paying for, and it’s got road toward government control of lieve that nearly 3 million seniors will to change. Now!

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.035 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11813 COMMONSENSE HEALTH CARE Mr. WILSON of Ohio. Mr. Speaker, I supportive of. The fact of the matter is REFORM rise today in support of liability re- from the very beginning we tried to in- (Mr. FORTENBERRY asked and was form. clude both sides of the aisle on this given permission to address the House I have heard from people all across health care reform, but essentially for 1 minute and to revise and extend my district in Ohio about how much what we heard from the Republican his remarks.) they need health insurance reform. I side was they didn’t like this, they Mr. FORTENBERRY. Mr. Speaker, have heard from Dawn, a small busi- didn’t like that, and, ultimately, they Terry recently wrote me, ‘‘Congress- ness owner who has a story that is didn’t like anything. man, I can buy a car in Iowa, beer in truly heartbreaking. Now we are forced, I suppose, to Kansas, a fishing license in South Da- Due to a doctor’s mistake when her bring a bill to the floor which probably kota, land in Colorado, but health in- son was 23 days old, Dawn’s son was will get mostly or maybe only Demo- surance? No place but Nebraska.’’ left with lifelong brain damage. For cratic support, but it will cover every- Mr. Speaker, in these difficult times the past 10 years, she and her husband one. It will provide that universal people are hurting. Families, and espe- have struggled to find insurance for her health care that has been so lacking cially seniors, need more affordable op- son. When no insurance would cover with so many people now who can’t tions, from what they put on their him, they were forced to pay out of find health insurance or find it increas- table to what they put in their medi- pocket for all of his doctors’ appoint- ingly unaffordable. The public option is cine cabinets. ments, physical therapy, and they are a very important part of that, because My constituent, Terry, pointed out a currently living at the poverty level. basically it will create competition and commonsense reform—purchasing Between the two of them, they have bring down costs for the average Amer- health insurance across State lines. held as many as five jobs to try to ican. There are other reforms, such as appro- cover their son’s medical expenses. We are moving forward now. We priately addressing preexisting condi- Last year, in my district in Ohio, would like to have bipartisan support. tions, promoting a culture of health there were 1,270 health care-related But if we don’t, we are still moving for- and wellness to drive down costs, cre- bankruptcies. Without comprehensive ward, because we know that the prom- ating new insurance risk pool models health care insurance reform, Dawn’s ise of health care for every American is for small businesses and families, family could be the next one. really crucial. strengthening community health cen- We are at a breaking point. We must f ters, and expanding opportunities for come together and bring security and PROTECTING AMERICAN SENIORS health savings accounts. These changes stability to our health care system for (Mrs. MILLER of Michigan asked and could mark a truly bipartisan policy families like Dawn’s and for everyone was given permission to address the effort that increases competition else in this country. House for 1 minute and to revise and among health insurance companies and f extend her remarks.) benefits all Americans. HEALTH CARE Mrs. MILLER of Michigan. Mr. f Speaker, as Democratic leaders retreat (Mr. WHITFIELD asked and was behind closed doors to craft their gov- REFORM HEALTH CARE NOW given permission to address the House (Mr. TIM MURPHY of Pennsylvania ernment takeover of health care, for 1 minute.) American seniors are rightly concerned asked and was given permission to ad- Mr. WHITFIELD. Mr. Speaker, there dress the House for 1 minute.) about what $500 billion in cuts in Medi- are many provisions of the Democratic care will mean to them. Mr. TIM MURPHY of Pennsylvania. health care bill that we support, like Mr. Speaker, the President said our Throughout this process, Democrats taking care of the preexisting condi- have made clear that they intend to health care is too costly. I agree. But tion problem. force American seniors to carry a large the Democrat plan doesn’t reform or But we also oppose cutting Medicare share of the cost of reform, and this in- eliminate the $1 trillion in waste, so by $500 billion over 10 years. We oppose cludes eliminating Medicare Advan- you will pay more—not just your chil- taking $155 billion out of the hospital tage. Democrats understand how nega- dren or your grandchildren, but you. account. We oppose reducing Medicare tive the reaction will be when seniors How? Their plan has a wheelchair tax, Advantage by $123 billion. We oppose learn that they are scrapping this pro- a hospital bed tax, asthma device tax, taxing, putting a surtax on small busi- gram, so they have placed a gag order artificial hip tax. Diabetes supplies, ness men and women, thousands of on companies that provide this cov- medicines, home oxygen equipment, all them. We oppose individuals being pe- erage, stopping them from commu- taxed. Have a heart attack? There’s nalized 2.5 percent of their gross in- nicating with seniors on the ramifica- taxes on heart monitors, heart valves come if they do not buy a policy. We tions of this change. and pacemakers. How about health in- oppose requiring employers to pay 8 That’s right, the Democrats who surance? They tax you if you have it percent of the gross wages of their em- promised transparency and account- and tax you if you don’t. Employer ployees if they do not provide insur- ability have gone behind closed doors paid insurance? They tax them if they ance. Then, after all of that, there still to craft legislation and have used the will and they tax them if they won’t. is $200 billion needed to pay for this ex- power of government to stop dissenters States can opt out of the government- pensive health care bill. from communicating with American run plan, but you still have to pay the Those on this side of the aisle are seniors. Well, American seniors are taxes. It’s taxation without hos- willing to work with the other side of right to be concerned. pitalization. the aisle if they would simply open the With the job-killing tax increases the Let’s reform Medicare, reform Med- door and give us the opportunity. Democrats are also talking about, icaid, reform health care, cut the f American workers need to be con- waste, improve quality, let people buy cerned as well, Mr. Speaker. Perhaps across State lines, join groups, make HEALTH CARE that is why the Democrat majority will insurance personal, portable, perma- (Mr. PALLONE asked and was given not allow us to have 72 hours to read nent. Millions of Americans are beg- permission to address the House for 1 the bill before it’s voted on. ging us to fix the problems, not finance minute.) f them. Millions of Americans can’t all Mr. PALLONE. Mr. Speaker, I re- be wrong. spect a great deal my colleague from HEALTH CARE f Kentucky who is on the Energy and (Mr. ROSKAM asked and was given b 1415 Commerce Committee, but I heard him permission to address the House for 1 mostly talk about what he opposes. minute and to revise and extend his re- HEALTH CARE That’s the problem with the Repub- marks.) (Mr. WILSON of Ohio asked and was lican mantra on health care reform. Mr. ROSKAM. Mr. Speaker, if you given permission to address the House They are opposed to so many things, are from the northwest suburbs of Chi- for 1 minute.) but we really don’t know what they are cago, today you woke up and you

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.038 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11814 CONGRESSIONAL RECORD — HOUSE October 27, 2009 looked at the Chicago Tribune and you Democrats’ plan to pay for their gov- hope and my greatest concern in 1 read an article that said your property ernment takeover of health care by minute. taxes are going to go up 20 percent. If cutting nearly $162 billion of Medicare My greatest concern is that, by using you turned on the radio, you probably at the expense of our seniors. Medicare as a means to fund this new heard folks talking in Chicagoland Across the Nation, nearly 11 million program, you will be taking more about unemployment at 10.5 percent in seniors chose Medicare Advantage money away from rural areas that are Illinois, a number that we have not plans as their preferred coverage. Of already inadequately reimbursed by seen since the early 1980s. If you have those 11 million, over 11,000 seniors in Medicare for their costs. For example, been listening to the debate in Wash- the First District of South Carolina, an in Casper, Wyoming, the hospital is ington, D.C., in the past couple of area with many retirees, may have only reimbursed at 32 cents on the dol- weeks, you have been hearing about their coverage dropped or benefits cut lar for Medicare actual costs. this crushing debt that is coming on if the Democrats have it their way. We are underreimbursing now and you, your children, and your grand- Despite the President’s promise that having to subsidize Medicare. The gov- children. if you like your current plan you can ernment is not meeting its obligation I went this afternoon to the Bureau keep it, it is clear that some seniors to Medicare. My greatest hope is that of the Public Debt in downtown Wash- will eventually be forced into a govern- Democrats will read the 40-plus Repub- ington and watched within a twinkling ment-run plan. Additionally, the CBO lican bills to reform health care and of an eye $44 billion that was borrowed has said that the Democrats’ plan will choose the best among them and bring on a 2-year note. That type of attitude increase seniors’ Medicare prescription those to the floor so we can discuss and the attitude of spending and spend- drug costs by 20 percent over the next them and debate them. ing and spending is becoming weary for decade. We have over 40 bills that you can the folks that I represent in the Sixth As Medicare dangerously approaches use for great ideas to reform health District of Illinois. bankruptcy, Democrats must open the care in a way that will make it avail- It’s time for this Congress to dis- process up to Republicans to work to able to all Americans. cipline itself and come up with a health repair this rapidly failing program and f care plan that meets people’s needs but protect our seniors from rising drug HEALTH CARE doesn’t break the bank. costs, limited coverage, and reduced f quality of care. Republicans vow to (Mr. ROHRABACHER asked and was HEALTH CARE honor our seniors by blocking Washing- given permission to address the House for 1 minute and to revise and extend (Mr. CULBERSON asked and was ton’s bureaucrats from overregulating their health care and by providing op- his remarks.) given permission to address the House Mr. ROHRABACHER. Mr. Speaker, for 1 minute and to revise and extend tions and the best quality coverage for there are 20 million uninsured Ameri- his remarks.) all Americans. cans who just can’t afford insurance, Mr. CULBERSON. Mr. Speaker, the f others who have lost insurance when people in Texas that I represent oppose HEALTH CARE the Pelosi-Obama government take- they lost their jobs. Still others have a over health care bill by a margin of 77 (Mr. OLSON asked and was given per- preexisting insurance condition and percent because we understand in mission to address the House for 1 have been frozen out of the insurance Texas that our health care system minute and to revise and extend his re- market. Then there are frivolous law- needs a tune-up, not a trade-in. We marks.) suits which drain very limited health need to focus, as the conservative mi- Mr. OLSON. Mr. Speaker, my col- care dollars. Of course, we find that our nority has, on reducing the cost of leagues in the majority have repeat- best insurance providers can’t sell health insurance and making it afford- edly promised that under their public their insurance across the country. able and portable. option plan, individuals can keep the They are frozen out. There is no com- We, in the conservative minority, the coverage they currently have and noth- petition. temporary minority, have authored ing will change except they will have These are problems that Republicans legislation that will make insurance more choices at a lower cost. are anxious to work with Democrats portable across State lines, that will As I speak with employers and small on. I plead with my Democratic col- bring down the cost of health insurance businesses in my district, the truth is leagues, don’t hold health care reform by enacting tort reforms nationwide to vastly different. Several employers in hostage, dependent on the enactment protect doctors from frivolous litiga- the district I represent have candidly of some socialistic experiment with tion as we did in Texas. In Texas, we stated that dropping private insurance government-run health care. adopted tort reform, and the cost of for employees, instead of paying a What’s going to happen? What’s health insurance dropped for all Tex- mandatory 8 percent surtax, makes the being demanded here is a trans- ans, and about 400,000 additional Tex- most economic sense for their business. formation of our system rather than a ans got health insurance who could not Employees will no longer have the reform of our system. That trans- before. choice to keep the coverage they cur- formation of our system will hurt sen- We need to make sure that the great- rently have under this scenario. iors. It will take people who now have est health care system ever created in Raising taxes, eliminating choices insurance in small business and put the history of the world is protected, for Americans, and placing the govern- them out of a job as well as with no in- that we protect the doctor-patient re- ment in charge of health care, that surance. Of course, it will not improve lationship. Let’s focus on reducing the hardly strikes me as a choice. The the situation but will be very costly for cost of health insurance, making it af- hardworking Americans in the 22nd the American people. fordable and portable. District of Texas and cities and towns f across America were promised a Give our health care system a tune- SENIOR CITIZENS’ MEDICARE choice. up, not a trade-in. COVERAGE f I ask my colleagues on the other side of the aisle, where is the choice in this (Mr. FRANKS of Arizona asked and GOVERNMENTAL TAKEOVER OF government-mandated care? was given permission to address the HEALTH CARE AND THE DETRI- f House for 1 minute.) MENTAL EFFECT IT WILL HAVE Mr. FRANKS of Arizona. Mr. Speak- ON OUR SENIORS HEALTH CARE er, it is so ironic that this Congress is (Mr. BROWN of South Carolina asked (Mrs. LUMMIS asked and was given debating the means of covering the un- and was given permission to address permission to address the House for 1 insured while Democrats are planning the House for 1 minute and to revise minute and to revise and extend her re- to cut the existing coverage of those and extend his remarks.) marks.) who need it most—our senior citizens. Mr. BROWN of South Carolina. Mr. Mrs. LUMMIS. Mr. Speaker, I would Nearly 70,000 of those senior citizens Speaker, I rise today to highlight the like to express what is my greatest will be affected and live in my district,

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.040 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11815 Mr. Speaker. Those senior citizens will our heroes. One of them came up to me ment will reduce red ink by $871 billion experience drastic changes to their and said, Congressman, please don’t let over 10 years. But let’s look at history Medicare coverage as a result of the them take my Medicare away. That is and what has happened since the gov- $500 million Medicare Advantage cut a solemn promise. ernment has got involved in health imposed by the Democrats’ bill, H.R. They are concerned about the quality care. 3200. of care, about the costs they are going Prior to the creation of Medicare and Democrats may silence all of our Re- to incur. This is something that is ex- Medicaid in 1965, health care inflation publican bills, but they are wrong if tremely important to our seniors. ran slightly faster than overall infla- they believe Republicans will keep si- Over the weekend, I had an oppor- tion. In the years since, medical infla- lent and allow senior citizens in Amer- tunity to talk to a businessman. He tion has climbed 2.5 percent faster than ica, who have already spent the major- came up and said, Congressman, please the cost increases elsewhere in the ity of their lives contributing to this don’t let them implement these man- economy. Nation, to be forced to give up the dates and these excessive taxes on me. Let’s start with Medicaid. House health care coverage they so vitally I can’t survive as a business. Ways and Means in 1965 estimated that need in order to pay for a socialist, The American people are looking the first 5 years’ cost would be $238 government takeover of health care over these proposals and they are say- million. Instead, it hit more than $1 which has failed in every State and in ing ‘‘no.’’ A while ago we heard that it billion, and costs have kept climbing every country that has been unwise is not leadership unless you vote since. enough to allow it to happen. ‘‘yes.’’ I say it is time we start listen- Let’s look at this. In 1965, Medicare, f ing to the people and doing what they another government program, was pro- want. They have looked at these issues, jected to cost $12 billion by 1990. It cost b 1430 they have looked at these proposals, $110 billion. Medicare hospital, 1965 HEALTH CARE and they have said ‘‘no.’’ I think we projected 1990 costs, $9 billion; actual need to listen to them, because they cost, $67 billion. (Mr. SCALISE asked and was given are the ones who are going to pay the Let’s look at history and see what permission to address the House for 1 bills, they are the ones that are going happens when the government gets in- minute and to revise and extend his re- to be impacted by it, and they say volved. marks.) ‘‘no.’’ Mr. SCALISE. Mr. Speaker, right f now, while the Democrats who are run- f ANNOUNCEMENT BY THE SPEAKER ning Congress are meeting behind HEALTH CARE REFORM PRO TEMPORE closed doors to rewrite a government (Mrs. CHRISTENSEN asked and was The SPEAKER pro tempore. Mem- takeover of health care, the American given permission to address the House bers should heed the gavel. people are asking why are they being for 1 minute and to revise and extend left out? her remarks.) f Senior citizens know that they are Mrs. CHRISTENSEN. Mr. Speaker, I HEALTH CARE being left out of this health care bill am sick and tired of all of the lines in because they are looking at the $400 the sand on health care reform. This is (Mr. RYAN of Wisconsin asked and billion in cuts to Medicare that Presi- something that we have to do, some- was given permission to address the dent Obama and Speaker PELOSI’s bill thing we cannot afford not to do. To House for 1 minute and to revise and will impose upon them, including al- quote Fannie Lou Hamer, on behalf of extend his remarks.) most the elimination of Medicare Ad- African Americans and all who are un- Mr. RYAN of Wisconsin. Mr. Speaker, vantage, which is a program that over and underinsured, ‘‘We are sick and Wisconsinites might want to know that 100,000 in Louisiana want and like and tired of being sick and tired.’’ just recently our Blue Cross Blue will be denied under their bill. This Congress has an obligation to Shield program announced that people Small businesses and families are end this, and those who continue to in their twenties under this health care wondering why they are being left out misrepresent the facts need to stop. bill will see a 199 percent increase in of these discussions when they look at The bills being put together will end their health insurance premiums. Peo- over $800 billion in new taxes that insurance discrimination and the drop- ple in their forties will see a 122 per- American families will have to pay, ping of coverage when one needs it cent increase in their health insurance many of which make below $70,000, most. We will provide a public plan for premiums. People in their fifties will which violates one of the President’s those who choose to use it, and, if we see a dramatic double-digit increase in pledges. do it right, we will reduce the high cost their health insurance premiums. What the American people want is of insurance and will end those insur- Mr. Speaker, 214,000 Wisconsinites real health care reform, and that is ance horror stories. might want to know that their Medi- why we have brought a number of bills, With our bill, we will ensure security care Advantage plan that they enjoy including H.R. 3400, which actually for our seniors, affordability for the will be either dramatically more ex- goes in and addresses the problems, middle class, access to quality health pensive or will go away completely. like preexisting conditions, addressing care for the poor and our responsibility The American taxpayer might want to those problems like lowering the cost to our children. We can do this without know that government estimators are so that people can have portability and adding to the deficit. telling us that this bill will cost $1 tril- buy across State lines, and actually So I think everyone needs to get up lion to $2 trillion in a new health care passing real Medicare liability reform off of that hard line and come together entitlement, which will surely add to lower the cost of health care. around the most important thing we more deficit and debt to future genera- Let’s fix the problems that are bro- can do in our time here—give every tions. ken, not break what is working. American the possibility of health, The shame of all of this, Mr. Speaker, f wellness, and a decent quality of life. is that we could fix what is broken in f health care without breaking what is HEALTH CARE working in health care. Republicans (Mr. LUETKEMEYER asked and was HEALTH CARE have offered 40 different pieces of legis- given permission to address the House (Mr. WESTMORELAND asked and lation in an attempt to get bipartisan for 1 minute and to revise and extend was given permission to address the compromise, to make sure that the un- his remarks.) House for 1 minute and to revise and insured get insured, that people with Mr. LUETKEMEYER. Mr. Speaker, extend his remarks.) preexisting conditions get health care, this morning I had the opportunity to Mr. WESTMORELAND. Mr. Speaker, and we do this without breaking the meet with a group of Honor Flight vet- this majority has just run a $1.4 tril- bank, without raising taxes and with- erans at the World War II veterans me- lion deficit for fiscal year 2009, even as out creating new debt and deficit and morial. These ladies and gentlemen are we are told a new health care entitle- entitlements.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.041 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11816 CONGRESSIONAL RECORD — HOUSE October 27, 2009 SIMPLE UNIVERSAL HEALTH CARE minute and to revise and extend his re- ter and sounder financial footing, to ACT OF 2009 marks.) ensure that it will be there for our sen- (Mr. TERRY asked and was given Mr. BURGESS. Mr. Speaker, in Au- iors when they need health care. We permission to address the House for 1 gust, in addition to the town halls in need to lower costs for all seniors, and minute and to revise and extend his re- my district, I hosted two roundtables for all Americans, for that matter, by marks.) with small- and medium-sized busi- increasing competition in the health Mr. TERRY. I am introducing the nesses in North Texas. Parts of health insurance marketplace, promoting Simple Universal Health Care Act, a care reform are going to affect busi- wellness programs and limiting frivo- plan which will let the uninsured opt ness, like it or not. They are going to lous lawsuits. into a system which is an identical see a tax increase, a new employer Let’s put the doctor and patient back twin to the health care that we have in mandate, and penalties for noncompli- in control of health care. Congress. This plan removes restric- ance. f tions on preexisting conditions. It al- The North Texas business representa- lows employers to opt in and maintain tives said they needed more tools, not ANNOUNCEMENT BY THE SPEAKER the current tax benefits for providing more regulation, to make health care PRO TEMPORE coverage. The administrative costs will affordable for small and medium busi- The SPEAKER pro tempore. Mem- be around $15 million, not billion, not nesses. With regard to an employer bers must heed the gavel, please, and $1.2 trillion, and would be paid for by mandate, one panelist explained this adhere to the 1-minute limitation. would add to the burden during what the insurance companies, leaving the f taxpayers with no cost. are arguably tough economic times. This plan offers a variety of options, An individual who was the health HEALTH CARE benefits manager at a large manufac- and companies compete for customers, (Mr. HERGER asked and was given turing plant in Denton said, Our em- thus holding down the cost and maxi- permission to address the House for 1 ployees are already very well taken mizing benefits without a government minute and to revise and extend his re- care of without mandates. If more gets takeover of health care, without using marks.) mandated on us, then we are going to taxpayer dollars, without taking Mr. HERGER. Mr. Speaker, as the have to look at what we will cut, what money from Medicare or raising taxes backbone of our economy, small busi- we are going to take away in order to on small business. nesses create over 72 percent of all new be competitive. The SUH Act is a simple, affordable jobs. It defies logic that House Demo- Another individual said, If we had to private-sector approach to making sure crats would pay for their government furnish health insurance, if it is man- all people have access to health insur- takeover of health care by actually dated on us, we just simply will not be ance, and I encourage Members of both raising taxes on these same businesses able to afford to do so. We will have to sides of the aisle to support this simple by $820 billion. cut jobs. solution. During a serious economic downturn, I promised to take the lessons f we should be pursuing policies that will learned back to Washington, D.C., as create jobs and put us on the path to HEALTH CARE we continue to work on health care re- recovery. Instead, these tax hikes will form. Most Americans today are actu- (Mr. GUTHRIE asked and was given cost an additional 5.5 million jobs. ally concerned more about jobs and the permission to address the House for 1 History shows that the American economy than the current health care minute and to revise and extend his re- economy is at its strongest when taxes proposals that we are debating here in marks.) are lower and small businesses are per- Mr. GUTHRIE. Mr. Speaker, as a Congress. mitted to keep more of their money to Member of Congress, I not only have Washington should be working to invest and grow. the responsibility of looking out for fu- help businesses create jobs, not writing Mr. Speaker, higher taxes for govern- ture generations, but also a duty to en- penalties for those who are trying to ment-run health care is a bad deal for sure that we are doing all we can to provide employment. the American people. take care of our seniors. Real reform f f needs to make health care more afford- MEDICARE CUTS WOULD IMPACT able and more accessible. Unfortu- OUR SENIORS IN SUPPORT OF MEDICARE nately, the bills being crafted by the ADVANTAGE majority could threaten the health (Mr. BOUSTANY asked and was care benefits seniors already receive given permission to address the House (Mr. MARCHANT asked and was while raising premiums. for 1 minute and to revise and extend given permission to address the House The plan currently in the House his remarks.) for 1 minute.) makes massive cuts to Medicare which Mr. BOUSTANY. Mr. Speaker, as a Mr. MARCHANT. Mr. Speaker, I have the Congressional Budget Office antici- heart surgeon, I saw patients firsthand heard repeatedly from the seniors pates will increase seniors’ Medicare in our current government-run pro- about their high satisfaction with prescription drug premiums by 20 per- grams, like Medicare, who lacked real Medicare Advantage and their fears of cent over the next decade. access to a doctor, leaving them out of losing it. The Senate Finance plan For those who live on a fixed income, the system. Many of our Medicare pa- would slash $123 billion from Medicare the possibility of having to pay more is tients and seniors out there know ex- Advantage. very worrisome. actly what I am talking about. Over 10 million seniors are currently Their plan also includes cutting $162 So I ask the Democratic leadership, enrolled in the Medicare Advantage billion from Medicare Advantage, a how can you cut $500 billion, a half- plan, and, according to CBO Director program widely supported by the sen- trillion dollars, from Medicare, and not Elmendorf, those proposed cuts to iors because of its choices and afford- hurt access and quality for our seniors? Medicare Advantage will force reduced ability. I also ask our Democratic leadership, benefits for many seniors, over 100,000 We should focus on ensuring Medi- how can you create a government-run seniors in the three counties that I rep- care continues to be there for our sen- health care takeover that fails to con- resent. This is in stark contrast to ‘‘if iors, not cutting their benefits to fund trol costs or improve quality? you like your insurance, you can keep an unproven proposal. We can do better. I know we can do it.’’ f better. We can achieve commonsense Director Elmendorf states very clear- solutions in a bipartisan way. But the ly that under the Senate Finance plan, PROPOSED HEALTH CARE REFORM current Democratic-led bills do not do Medicare Advantage enrollees will suf- WOULD BE HARMFUL FOR that. They do not constitute meaning- fer reduced benefits. NORTH TEXAS BUSINESSES ful reform. We must preserve Medicare Advan- (Mr. BURGESS asked and was given We need to work together to tage for those who are benefiting from permission to address the House for 1 strengthen Medicare, to put it on a bet- the peace of mind that it provides, and

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.044 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11817 strengthen it for those seniors that It goes like this: Republicans won’t shire, because I don’t think his voice is have not yet turned 65. let us have health care reform. being heard on the floor today. He said f Republicans are the Party of No. that he was lucky enough to have in- Why are Republicans stopping us surance, but he had to pay for it him- 1445 b from reforming health care? self, almost $7,000 a year. He said, ‘‘So JUST SAY ‘‘NO’’ Well, I’m going to tell you some- to keep my current health care policy (Mr. BLUMENAUER asked and was thing—the Democrats have won the is just less than $7,000 a year, and my given permission to address the House last two elections because we did such copay for Thalidomide could be as low for 1 minute.) a bang-up job. But the fact of the mat- as $810 a month. That translates into Mr. BLUMENAUER. Mr. Speaker, ter is, there are 257 of them. There are $16,620, rounding off, just including one of the interesting debate points only 177 of us, although it looks like a that one medication in health care ex- that we are listening to today is the as- bigger number over here today. We penses for a year. Of course there are sertion that somehow what we need to couldn’t stop a one-car parade. This more. My monthly income is $1,660, do is just allow people to sell insurance health care discussion is a fight be- $19,920 a year, through disability and across State lines, and that’s going to tween the left and the far left. And pensions. How can I pay for my other solve all our problems. Well, first of sadly for the Democratic majority, expenses—heat, electricity, food, cloth- all, you can buy insurance today across they’ve got people in their party that ing, shelter, et cetera, on the remain- State lines. What we don’t do is allow think that this health care proposal ing $3,300 I will have each year? Do I somebody who incorporates in a State proposed by the far left is wacky. It have some savings? Yes. But very soon with very weak protections and mini- takes $500 billion out of Medicare. You I am going to run out of all my possi- mal provisions to go in and undercut do nothing with the lawyers as they bilities. What will you have me do the laws of other States that seek to file lawsuits and cause doctors to prac- next?’’ protect their citizens. You can buy in- tice defensive medicine. Then he goes on to say that he could surance as you see fit. It’s just that This is a bad bill. They can’t even get live if we could get the prescriptions people who are going to play in a mar- their own team to row the boat, but for him and help him pay his health in- ket have to play by the rules, and if they want to say, Republicans don’t surance. And then he says, ‘‘I don’t somebody cheats, then there is an op- want to reform health care. think that in the United States of portunity to use the local insurance f America this is what anyone would wish on anyone else. I know you would commissioner to protect the consumer. HEALTH CARE Under the legislation that we’re pro- not want to be in this situation. I don’t posing, the only thing that changes is (Mrs. EMERSON asked and was given care whether it’s called a right or a that for the first time, some of the permission to address the House for 1 privilege, the current system is broken. States that haven’t protected their minute and to revise and extend her re- Please help fix it.’’ consumers will have higher standards. marks.) f This is a good thing. Mrs. EMERSON. Mr. Speaker, health care reform has gripped the Congress WHEN WILL YOU LISTEN? f for the better part of a year now, and (Mr. FORBES asked and was given HEALTH CARE we’re finally getting to the core of this permission to address the House for 1 (Mr. ROGERS of Kentucky asked and debate: cost. Without an affordable sys- minute and to revise and extend his re- was given permission to address the tem of health care, we’ll forever have marks.) House for 1 minute.) problems with access. But too many Mr. FORBES. Mr. Speaker, last week Mr. ROGERS of Kentucky. Mr. good bipartisan proposals to lower I received a call that every Member of Speaker, the senior citizens in my dis- costs have been ignored—eliminating Congress fears: a plant with 1,100 jobs trict are scared, literally scared. They international barriers to market access in a town of 9,000 residents closed its ask me, What are the Democrats plan- for U.S. consumers, speeding new doors. We want to be there for them, ning to do to my Medicare and Med- generics to market, promoting com- and we will be there for them as the icaid? And I have to tell them, I really parative effectiveness research, and symptoms of a bad economy entangle don’t know because the Democrats are better decision-making tools for doc- their lives. But Americans are asking hiding behind closed doors in the dark tors and their patients. you a larger question today. The ques- and keeping the rest of us out of the You may ask, Why? It’s real simple. tion is, When will this government lis- picture. So we don’t know for sure. Ex- The administration made an $80 billion ten to the voice of wisdom, shouting cept we do know this: They are plan- deal with the big drug companies that for us to address the causes of a bad ning massive cuts to Medicare, up- prevents us from offering our proposals economy and not just the symptoms? wards of $500 billion, and massive cuts to save consumers money on their med- As one of 17 Members of Congress to Medicare Advantage that will result icine. Our constituents who often have who voted against every one of your in a loss of health care for millions of trouble paying for their medicines bailout stimulus bills, I watched you seniors. According to the Congressional today will continue subsidizing the ignore that voice of wisdom as you sad- Budget Office, that Advantage cut people from other countries who pay dled our grandchildren with a debt that would be around $162 billion. As a re- half of what we do for the same drugs. they will wear for decades as a badge of sult, Medicare Advantage plans will So this $80 billion deal actually makes dishonor for your deafness. I watched drop out of the program, limiting sen- more money for big drug companies be- as you ignored it as you tried to im- iors’ choices and causing many of them cause it will encourage more people to pose your energy agenda, knowing it to lose their current health care cov- take brand-name pills instead of would stifle America’s competitiveness erage. Cuts to Medicare Advantage will generics, increasing the market share and kill jobs. And I watched as you ig- have an exceptionally harmful effect and profits of the drug companies. No nore it while you try to tax our exist- on seniors in rural areas like mine. I wonder they were so quick to accept ing jobs into oblivion. urge us to reject this plan. this deal, and what a scam the admin- Mr. Speaker, today Americans are f istration has fallen prey to. asking a simple question: When will you listen? HEALTH CARE f f (Mr. LATOURETTE asked and was HEALTH CARE given permission to address the House (Ms. SHEA-PORTER asked and was HEALTH CARE for 1 minute and to revise and extend given permission to address the House (Mr. HINOJOSA asked and was given his remarks.) for 1 minute.) permission to address the House for 1 Mr. LATOURETTE. Mr. Speaker, all Ms. SHEA-PORTER. Mr. Speaker, minute.) throughout history, there’s been the I’m going to read the comments in a Mr. HINOJOSA. Mr. Speaker, I am big lie, and we’ve got the big lie going letter I received from Mr. Bradley Ball, here representing the families in my here again. one of my constituents in New Hamp- congressional district that need health

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.046 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11818 CONGRESSIONAL RECORD — HOUSE October 27, 2009 care reform to happen now. In my dis- icans across this Nation. This is not dents of Arkansas’ Third Congressional trict, almost half of my constituents the kind of reform we need. District are enrolled in this program, go without insurance. They face some Also, Mr. Speaker and seniors, pay and I know the positive impact it of the most expensive costs and are af- close attention to this: There is an un- makes in the lives of Arkansans and all flicted with high rates of chronic dis- usual advocate for these massive cuts American seniors. This is bad practice eases, such as diabetes and heart dis- to seniors’ health care. It’s AARP, who to cut from critical services like Medi- ease. Congress has neglected these receives nearly 40 percent of its rev- care Advantage and something that I problems for far too long. Those that enue from selling health insurance cannot support. are suffering the most and need the products. Why would AARP support a Rather than cut services, we need to most care do not have access to the af- bill cutting benefits for its members? examine how we can save money by fordable coverage they need. Are they truly looking out for the best getting rid of the waste and fraud in What’s in it for you? Stability, secu- interests of seniors? Could it be that Medicare. Mr. Speaker, we can craft a rity and quality. Let me summarize AARP has a hidden profit agenda? bill that allows access to quality and our Democratic plan like this: No dis- This morning’s Washington Post ex- affordable health care without sacri- crimination for preexisting conditions plores this issue in an article entitled, ficing services to our seniors. like diabetes, heart conditions or can- AARP: Reform Advocate and Insurance f cer. No drop in your coverage because Salesman. I urge people to read it. I do COMPETITION you become sick. No refusal to renew believe there is a conflict of interest your coverage if you’ve paid in full and here, Mr. Speaker, and I will continue (Mr. PITTS asked and was given per- become ill. No more job or life deci- asking the questions necessary to en- mission to address the House for 1 sions made based on loss of coverage. sure we protect our seniors’ health minute and to revise and extend his re- No need to change doctors or plans if care. marks.) Mr. PITTS. Mr. Speaker, there’s been you like the coverage you have. No f copays for preventive and wellness a lot of talk about choices and com- HEALTH CARE care. No excessive out-of-pocket ex- petition recently. We’re hearing now penses, deductibles or copays. No year- (Mr. TIBERI asked and was given that some on the other side of the aisle ly or lifetime cost caps on what insur- permission to address the House for 1 want to rename the ‘‘public option’’ ance companies cover. minute and to revise and extend his re- the ‘‘competitive option.’’ I urge my colleagues to support the marks.) Will the competitive option nego- Democratic proposal. Mr. TIBERI. Mr. Speaker, through- tiate with doctors like private insurance? No. Will the competitive option f out the course of this debate on health care, we’ve heard a lot about cracking be subject to thousands of different HEALTH CARE down on waste, fraud and abuse. I sup- State mandates on coverage? No. Will a (Mr. KINGSTON asked and was given port that. In fact, I wrote a letter to competitive option be subject to State permission to address the House for 1 the chairman of the Ways and Means and local taxes? No. Will the competi- minute and to revise and extend his re- Committee and the chairman of the tive option face an endless assault of marks.) Government Reform Committee asking lawsuits costing billions of dollars? No. Mr. KINGSTON. Mr. Speaker, how that we hold hearings on the issue. I Senate Leader REID has brought does Speaker PELOSI plan to pay for haven’t heard back. Why would we forth a bill that would allow individual her $1.2 trillion government takeover need hearings when this bill now is States a choice to opt out of the com- of health care? Simple—higher taxes, being written behind closed doors, be- petitive public option. What we’re not higher premiums and cuts in Medicare. hind closed doors for no one else to see? sure of is whether people in these What does this mean to mom and dad And it appears to me, Mr. Speaker, States will be able to opt out of the bil- back home? It means 6 million will be that the majority’s plan for paying for lions of new taxes mandated by the forced off of their Medicare Advantage this in part is on the backs of seniors. bill. Like most Federal programs, the Program. It means their doctor will In my district, a third of my seniors States will either accept the program now be assigned to them by a govern- are on Medicare Advantage plans. They or watch their citizens’ tax dollars go ment bureaucrat, not by their own like what they have. Under the Demo- to other participating States. choice. crat bill, they will not be able to keep The government option offers few In the rural area that I represent, it because it will be cut. choices, and its competitive advan- they’re facing $83 billion in cuts, so Now, Mr. Speaker, we can only guess tages will mean that in a very short rural nursing homes will close down. at this point what the health care bill time, millions of Americans will end up And for seniors in Medicare part D, a 20 will look like because it’s being writ- with no option, just the government. percent increase in drug costs. ten behind closed doors. Only time will f This is not a good plan. If the kitch- tell. So much for openness and trans- b 1500 en sink is leaking, you don’t take a parency. SENIORS AND HEALTH CARE wrecking ball to the whole kitchen. f You fix the sink. We need targeted, REFORM PROPOSED HEALTH CARE REFORM market-oriented reforms to make (Mr. ADERHOLT asked and was HURTS SENIORS health care more affordable and more given permission to address the House accessible for everyone, especially our (Mr. BOOZMAN asked and was given for 1 minute and to revise and extend seniors on a fixed income. permission to address the House for 1 his remarks.) f minute and to revise and extend his re- Mr. ADERHOLT. Mr. Speaker, there marks.) is bipartisan consensus that Congress HEALTH CARE Mr. BOOZMAN. Mr. Speaker, we need must help with affordability, with ac- (Mr. REICHERT asked and was given to contain the cost of health care to cess and with the availability of health permission to address the House for 1 make it more affordable for all Ameri- care for American families. There is no minute.) cans, but we cannot do this by cutting question that Congress must act and Mr. REICHERT. Mr. Speaker, so the services to our senior citizens. We that we must address the issues, but much is at stake, and the well-being of have the responsibility to ensure that the current Democrat health plan is Americans is on the line. And it’s clear we don’t harm the health care they not going in a bipartisan direction. Not that we need health care reform, but currently have through Medicare. But only is the current Democrat health that reform must protect and strength- the legislation supported by the White plan the wrong approach; it could harm en the health care of all Americans. House, Speaker PELOSI and Senator various groups of Americans who need The current overhaul bill would REID doesn’t protect that care. and who depend on quality health care make $500 billion in cuts to Medicare, Included in this health care plan is the most. $156 billion in cuts to Medicare health more than $162 billion in cuts to Medi- One of the groups is seniors. In my plans and would affect 14 million Amer- care Advantage. More than 25,700 resi- home State of Alabama, seniors make

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00026 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.048 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11819 up about 14 percent of the population. knows. How long do you have to be in It hasn’t. That’s higher than the national aver- before you opt out? Nobody knows. Unemployment is getting worse. It’s age. The seniors in Alabama and all What if all of the States decide to opt over 10 percent in many parts of this over America deserve something better out? Nobody knows. country. Cash for Clunkers: Oh, yeah, than the government takeover of We do know a couple of things: Num- that will be a great program. We’ll pull health care. ber one, we do know under this Demo- money out of everybody’s wallets, and The House Democrat plan includes cratic plan your taxes are going to go we’ll hand it to a select few. It hasn’t massive cuts to Medicare that will re- up. We do know under this Democratic worked. sult in Medicare Advantage plans drop- plan your Medicare benefits are going I, for one, do not trust the Federal ping out of the program, limiting sen- to go down. We do know under this Government, and the one-size-fits-all, iors’ choices and causing many to lose Democratic plan there are going to be slam-it-down-your-throat Federal solu- their current health care coverage, and more bureaucrats controlling your tion to government health care is not cuts to Medicare Advantage will have health care. the solution for the United States of an exceptionally harmful impact on So they’re trying to keep us in the America. We need Americans across seniors in rural areas. dark, but we know enough to know this country to rise up and to say, No, we are not going to stand for it any- f this: This is a bad plan and there is a better way. more. We’re going to be in control of MESSAGE FROM THE PRESIDENT our government. f A message in writing from the Presi- May God bless the United States of dent of the United States was commu- HEALTH CARE America. May God bless the men and nicated to the House by Ms. Wanda (Mr. AKIN asked and was given per- women, our troops, who are serving Evans, one of his secretaries. mission to address the House for 1 across this country. f minute and to revise and extend his re- f marks.) HEALTH AND THE ECONOMY SENIORS AND HEALTH CARE Mr. AKIN. Mr. Speaker, when people (Mr. SOUDER asked and was given REFORM get into the details of health care, I permission to address the House for 1 (Mr. BILIRAKIS asked and was given think they sometimes miss seeing the permission to address the House for 1 minute.) very big picture. The big picture here Mr. SOUDER. Mr. Speaker, we are minute and to revise and extend his re- is that the Pelosi and the Democrat actually having a debate today far be- marks.) health care plan has this final destina- yond health care, far beyond the econ- Mr. BILIRAKIS. Mr. Speaker, in my tion, which is that it’s going to be run omy. Not many businessmen are prob- State of Florida, millions of seniors by some czar or commissar in the Fed- ably listening to this debate as they’re rely on Medicare for their health care, eral Government. too busy working to make a profit so including 130,000 in my district alone. I guess the question I have is: On other Americans can be employed. On Monday, I held my annual sen- what sense of faith is this decision As we face rising unemployment in a iors’ health fair, which provides free made? stagnant economy, the Democrats pro- health screenings to area seniors and Is it the efficiency of the Post Office, pose a government takeover of health which gives me an opportunity to con- perhaps, that inspires them or the com- care and of taxes on small business to tinue getting their input on health passion of the IRS, or is it, perhaps, pay for that government takeover of care reform. the Department of Energy that was health care. They have an energy pro- The overwhelming consensus from created to make sure we wouldn’t be posal that will cripple American manu- seniors in my district is that the dependent on foreign oil or, perhaps, facturing and that will enact endless Democrats’ health care reform pro- the Department of Education, which regulations, increasing the cost of posals would lead to fewer choices, to was studied some years ago, and it was making things in America. higher costs and to reduced quality. Of determined in the study that, if a for- On this floor, Democrats have repeat- particular concern to many of the sen- eign power had done what the Depart- edly confused gross profits and net iors I spoke with was whether they ment of Education has done to Amer- profits. In the student loan debate, the would be able to keep their existing ica, it would be considered an act of person before me even confused rev- coverage. war? enue with net profits. He said he was The House bill calls for $163 billion in Why do we want to destroy the going to take the revenue from the pri- cuts to Medicare Advantage, which is health care system that 100 million vate companies and use it for govern- wildly popular with Florida seniors. Americans enjoy in order to just sim- ment purposes. The cuts will result in health care pro- ply socialize it and to turn it over to From the President on down the viders dropping out of the program, un- some czar in Washington, D.C.? party line, there has been a philo- dermining choice and jeopardizing the That’s an act of faith that’s just too sophical attack on the concept of profit more than 50,000 seniors in the Ninth hard to follow. and capital. Government does not cre- District who rely on Medicare Advan- f ate jobs. It redistributes profits. Prof- tage for their care. HEALTH CARE its create jobs. Capital creates jobs. We must not harm the health care That is why our system is called cap- seniors already receive. (Mr. CHAFFETZ asked and was given italism. This economy cannot recover f permission to address the House for 1 if the leadership of our country has no minute and to revise and extend his re- HEALTH CARE basic understanding of how our eco- marks.) nomic system works, and we will not (Mr. CRENSHAW asked and was Mr. CHAFFETZ. Mr. Speaker, across have growth by destroying the capi- given permission to address the House this country, we have millions of peo- talist system. for 1 minute.) ple who are concerned. Deep in their Mr. CRENSHAW. Mr. Speaker, it has bellies, when they go to sleep at night, f been pointed out that our Democratic husbands and wives are concerned HEALTH CARE colleagues have been drafting this about putting food on their tables; (Mr. CAMP asked and was given per- health care plan behind closed doors, in they’re concerned about their jobs, mission to address the House for 1 the darkness of night; but yesterday, their futures, their kids, and their minute.) one of them emerged in the Senate— country. Mr. CAMP. Mr. Speaker, the health the majority leader—and he announced We have an opportunity to help care of every American is too impor- the best way to proceed with this plan them. tant to risk on one gigantic piece of is to have a government option with an You listen to the Democratic side of legislation, especially one being writ- opt-out provision for the States. the aisle, and you hear them say, Oh, ten in secret and behind closed doors. What does that mean? Nobody just trust us—$787 billion on the credit The Democrat plan, or at least the knows. How do you opt out? Nobody card. That will help the economy. last time any of us saw it, was over

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00027 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.050 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11820 CONGRESSIONAL RECORD — HOUSE October 27, 2009 1,000 pages long. It contained hundreds Democrat and fellow freshman JOHN minute and to revise and extend her re- of billions of dollars in new taxes— BOCCIERI from Ohio to introduce a bill marks.) taxes on families earning as little as to get Americans back to work. Mrs. CAPITO. Mr. Speaker, I rise $20,000 a year and taxes on small busi- This week, we’re introducing the today to highlight the concerns my nesses. Even if our national unemploy- Back to Work Tax Credit Act, a com- constituents continue to raise in the ment rate were not 9.8 percent, or over monsense bill to expand the current ongoing health care debate. Rather 10 percent in my home State of Michi- work opportunity tax credit to the than listening to me, let’s listen to gan, these massive new taxes would long-term unemployed. them in their own words. create an undue burden on families and The time for action is now. My neigh- This is from a woman in Nitro: on employers. To raise taxes while bors in Florida and all over America ‘‘While I agree that changes are needed these Americans are losing their jobs is deserve real solutions from Wash- to today’s system, I don’t believe that irresponsible. ington, not just talk and further inac- a new government-run health insur- To what end do Democrats raise tion. ance plan is the right solution. The these taxes? What do we get for these f government plan will shift costs to em- tax increases? While the Democrats’ ployers, which could force more and HEALTH CARE health care tax increases go into effect more businesses to stop offering bene- immediately, Democrats delay their (Mr. BARTLETT asked and was given fits to their workers. I like my current so-called ‘‘reforms’’ for years to come. permission to address the House for 1 coverage, and don’t want to be forced This plan is literally immediate pain minute and to revise and extend his re- into a government program.’’ for no gain. marks.) Or a quote from a gentleman in Scott Again, the health care of every Mr. BARTLETT. Mr. Speaker, this Depot: ‘‘Congress must not let govern- American is too important to risk on morning, I had what was, for me, a ment get between my family and my this secretly negotiated 1,000-page bill. very emotional meeting in my office. doctor. Please protect patient freedom, f Representatives from the home health and expand our health care options care industry were there, lamenting with real reforms—focused on patients, HEALTH CARE the fact that tens of billions of dollars not on politics.’’ (Mr. LAMBORN asked and was given will be cut from home health care in Or another quote from West Virginia: permission to address the House for 1 this bill that we may have to vote on. ‘‘I see my country being spent into de- minute.) It was emotional for me because I struction and my daughter’s and Mr. LAMBORN. Mr. Speaker, Presi- thought of my mother, who, during the grandson’s future being thrown away dent Obama has promised he wouldn’t last months of her life, would have by reckless politicians. What in the raise taxes on working Americans or go liked nothing more than to be home, world are they trying to do? Myself and into debt for health care. Both prom- and her family wanted her there. She other mothers that I am in commu- ises are violated by the Democrat plan would have been happier, and probably nication with are watching with great for health care. would have lived longer, but because of interest to see what is going on with The Congressional Budget Office’s limitations of funds and because of reg- the public health care plan, which we score of almost $1 trillion for the Bau- ulations, she had to be in an institu- can’t afford.’’ cus bill is based on 10 years of revenues tion. The toughest moment of my life Yes, we want health reform, but we but on only 7 years of expenditures. was when I would go there to visit her, want a thoughtful, bipartisan approach This is a dishonest budget gimmick and she would say, ‘‘I want to go that will result in solid reform. that hides the true cost. home.’’ f Is anyone so foolish to believe that a Please, we’ve got to get it right. This b 1515 $1 trillion spending program won’t bill doesn’t get it right. It’s just one translate into higher taxes and fees on more place where it doesn’t get it HEALTH CARE working Americans or into higher defi- right. Let’s get it right before we finish (Mr. ROGERS of Alabama asked and cits or both? it. was given permission to address the The nonpartisan Joint Committee on f House for 1 minute and to revise and Taxation has confirmed that just the extend his remarks.) penalties for not purchasing govern- HEALTH CARE Mr. ROGERS of Alabama. Mr. Speak- ment-approved coverage will translate (Mr. SHIMKUS asked and was given er, the Democrat majority likes to say into higher taxes on middle class fami- permission to address the House for 1 this is about choice and competition lies, in addition to possible jail time— minute and to revise and extend his re- when, in fact, they know this is about a direct contradiction of President marks.) a road to universal, government-run Obama’s promise. Mr. SHIMKUS. Mr. Speaker, given 1 health insurance. When the President’s and the Demo- minute, what should I talk about? The President says if we get this pub- crats’ actions do not match their rhet- Should I mention how Federal tax lic option, you will have a choice be- oric, the American people should know. dollars will be used to fund abortion? tween your insurance company. If you f Should I highlight the fact that tax like it, you can keep it; if you don’t, dollars will go to fund illegal immigra- you can go into the public option. THE BACK TO WORK TAX CREDIT tion since there is no verification? What he doesn’t say is that after 2 or 3 ACT Should I talk about the thousands of years of this so-called competition, the (Mr. ROONEY asked and was given seniors in my district who will lose private-sector companies won’t be permission to address the House for 1 their Medicare Advantage accounts? there any longer. minute and to revise and extend his re- I should, but I will primarily mention The fact is our insurance companies marks.) what the real plan is here, and that is have to make a profit. They have to Mr. ROONEY. Mr. Speaker, 3 million to use a public option to enact a one- pay taxes, they have to meet Federal Americans have lost their jobs since payer system. If you don’t believe me, regulations, and if they have a tough the Democratic stimulus plan passed. ask Chairman FRANK; Congresswoman year, they have to just eat it and hope It was supposed to create 4 million SCHAKOWSKY; the head of the Demo- they can do better the next year. If jobs. National unemployment was at 8 cratic National Committee, Howard they have a couple of tough years, they percent when the stimulus passed, and Dean; and last but not least, President go out of business. now it’s approaching 10 percent. In Obama. They’ve always had that as This new government plan does not Florida, in my district, it’s over 11 per- their stated objective. have to make a profit, will not have to cent, and even in St. Lucie County, it f pay taxes because it’s the government, exceeds 15 percent unemployment. will not have to meet the same regula- Now is not the time for partisan HEALTH CARE tions because it’s the government, and bickering but, rather, for bipartisan so- (Mrs. CAPITO asked and was given if it has a bad year, it’s going to be lutions. That’s why I’ve joined with permission to address the House for 1 subsidized by us.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.052 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11821 If anybody in the majority tells you ficiaries nationwide are enrolled in HEALTH CARE that we’re not going to put money into that type of plan, which lowers pre- (Mr. SHUSTER asked and was given this program, they’re not being mium costs by rolling health and drug permission to address the House for 1 straight with you. And if they say coverage into one plan and negotiating minute.) they’re going to let this program go with the health care providers. Mr. SHUSTER. Mr. Speaker, health under because it has tough times meet- f care reform should empower all Ameri- ing its obligations, they’re not being cans to choose a health care plan that straight with you. MEDICARE CUTS It will be subsidized. It will be unfair offers them choice and affordability. (Mr. STEARNS asked and was given competition. It will end up with no pri- However, the Democratic plan will permission to address the House for 1 vate-sector competition, and we will only lead to higher taxes, cuts in bene- minute and to revise and extend his re- all wind up in universal health care. fits, and government’s taking away our marks.) seniors’ health care choices. f Mr. STEARNS. Mr. Speaker, in order For seniors on fixed incomes, the IT’S TIME FOR CONGRESS TO GET to pay for a government-run health prospect of being forced to pay more TO WORK ON REAL HEALTH care plan, Democrats obviously plan to for health care could become a fright- CARE REFORM cut Medicare. They call it a ‘‘savings,’’ ening reality. The Democrat plan (Mr. LEE of New York asked and was but it is cutting essential programs would raise Medicare prescription drug given permission to address the House and services that are now available for premiums by 20 percent over the next for 1 minute.) our seniors. decade and deny seniors the choice of Mr. LEE of New York. Mr. Speaker, I’m particularly concerned about the keeping their current coverage. The yesterday the House voted on two reso- $117 billion in cuts in the Medicare Ad- Democrat plan includes $163 billion in lutions congratulating sports teams for vantage program. In my district, there cuts to Medicare Advantage. Up to winning national championships. are over 20,000 seniors that are enrolled 38,000 seniors in my district would be Today, we’re considering four non- in Medicare Advantage. You cannot ex- negatively affected by these cuts. controversial suspensions, just four, pect that they will continue to have Nothing should ever come between sen- and one of them marking the anniver- the same level of coverage after you iors and their doctors; yet this is ex- sary of the birth of Confucius. cut this program by $117 billion. Hasn’t actly what the Democrat bill does. Congress just doesn’t get it. We that been the President’s promise all The American people and our Na- should be working on real health care this time? If you like your insurance, tion’s seniors deserve better than this reform that lowers costs and expands you can keep your insurance? reckless rush to reform. access to all, such as real liability re- My constituents want to keep their form which is not on the table. We insurance coverage through Medicare f should be working to make America Advantage. But cutting $117 billion will more energy independent and lower cause providers to simply exit the costs for all. We should be working to Medicare Advantage program, reducing NINE MONTHS SINCE THE STIM- rein in Federal spending and addressing options for these seniors and pre- ULUS BILL PASSED; YET AMERI- the $60 billion in Medicare and Med- venting them from keeping the insur- CANS CONTINUE TO LOSE THEIR icaid fraud that we saw on ‘‘60 Min- ance of their choice. JOBS utes’’ on Sunday. Instead, we are con- f (Mr. CALVERT asked and was given gratulating sports teams and marking permission to address the House for 1 the birthdays of ancient philosophers. HEALTH CARE minute.) I hope my colleagues across the aisle (Mr. MCCAUL asked and was given Mr. CALVERT. Mr. Speaker, there’s will get down to some real reform so permission to address the House for 1 been a lot of talk from my friends on that the American people can start minute.) the other side of the aisle about the so- trusting Congress again. Mr. MCCAUL. Mr. Speaker, last Au- called improvement in the United f gust we went home to our constituents States economy. Unfortunately, all the THE HEALTH CARE PLAN SHOULD and we listened to the American peo- talk comes without the data to back it NOT BE FINANCED BY RAIDING ple. The American people were loud up. MEDICARE and clear in their message, and it was: Nine months ago, Congress had an opportunity to provide a real shot in (Mr. LATHAM asked and was given Congressman, we do not support the the arm to our economy, and yet permission to address the House for 1 government’s taking over our health Americans continue to lose their jobs. minute and to revise and extend his re- care system. While the Democratic leadership con- marks.) Then we came back to Washington, Mr. LATHAM. Mr. Speaker, as mil- D.C., away from our constituents. tinues to push for radical and expen- lions go without health insurance and We’ve been up here for about 2 months sive changes to the American economy, costs skyrocket, I strongly believe we now, and what are we seeing? We’re such as a government-run health care need commonsense reforms so that all seeing the public option being put back system, cap-and-trade legislation, the American families can have access to on the table. question that should be asked every affordable health coverage. And what did the President say? day on Capitol Hill is, simply, Where But the plan should not be financed Well, we know what he said on the are the jobs? by raiding the Medicare program and campaign. He said basically, I’m going When the leadership spent $800 bil- shifting costs onto the backs of our to have all the negotiations around a lion of Americans’ hard-earned tax dol- seniors. Seniors are being asked to big old table and we’ll have the nego- lars with lightning speed with no re- shoulder the burden while getting vir- tiations televised on C–SPAN. view in February on the so-called tually none of the benefits. Have we seen that? I don’t think so. ‘‘stimulus bill,’’ the White House prom- H.R. 3200 cuts Medicare by a total of What are we seeing today? We’re see- ised that unemployment would not ex- $500 billion over the next 10 years. This ing three Senators behind closed doors ceed 8 percent. We are now at 9.8 per- includes cuts to hospitals, nursing in the darkness of the night negotiate cent nationally, 12 percent in Cali- homes, life-saving imaging services, a health care plan for this entire Na- fornia, and 15 percent in parts of my and home health care services. The bill tion. congressional district. cuts payments to Medicare Advantage Sunlight is the best disinfectant. We Congress certainly does not have all plans by $172 billion, which, according need to bring these negotiations out on the answers—it rarely does—but what to the CBO, will force more than 3 mil- the table. Republicans need to be at Congress can do is straightforward: Re- lion seniors out of plans that could no the table. We have good ideas. We have duce the Federal tax burden on fami- longer operate. good solutions. But they are not being lies and business, reduce spending, and More than 61,000 Iowa seniors and heard and the voice of the American target spending where we have real in- nearly 20 percent of Medicare bene- people is not being heard. frastructure projects.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00029 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.054 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11822 CONGRESSIONAL RECORD — HOUSE October 27, 2009 HEALTH CARE compete with private insurance? Yes, b 1530 (Mr. BRADY of Texas asked and was 15 percent; no, 71 percent. HEALTH CARE Mr. Speaker, I think at least in my given permission to address the House (Mr. SULLIVAN asked and was given district the American people have spo- for 1 minute and to revise and extend permission to address the House for 1 ken loudly and clearly that they don’t his remarks.) minute.) Mr. BRADY of Texas. Mr. Speaker, want this Democrat government-run Mr. SULLIVAN. Mr. Speaker, a $1.5 over the past few months, we have held plan. trillion government takeover of our over 50 town hall meetings and forums health care system is not the answer. on health care reform in our district. f People were not even consulted about Recently, we held one in The Wood- this. When I was home in August, phy- lands with a panel of doctors to talk HEALTH CARE sicians, patients, doctors, providers about health care. One of them was Dr. (Mr. AUSTRIA asked and was given were not informed. The stakeholders Peter Shedden, a Canadian-born neuro- permission to address the House for 1 were not even told about the Obama surgeon, who practices in The Wood- health care plan before it came out. minute.) lands. He was trained in Canada, is This is not the answer. very complimentary about the way Mr. AUSTRIA. Mr. Speaker, included And people are suffering right now. they trained physicians. He shared his in the Democrats’ health plan are mas- Our economy is not doing too well. experiences. sive cuts to Medicare Advantage that People are losing jobs. And an $818 bil- He told us how his father died after could result in a loss of health care for lion tax increase on small business is he was refused kidney dialysis, even as millions of seniors. not the way to reform our health care the disease entered the acute phase, be- In my State of Ohio, this isn’t good. system. It is the wrong approach. cause he was over 70 years old. He told Cuts to Medicare Advantage will have Republicans have a better way. We us, ‘‘You’ve got to know somebody’’ to an exceptionally harmful impact to want people to have choice. One thing get to the front of the line. He said, seniors in areas that I represent in the Republicans want, we want people ‘‘There are no second opinions in the Ohio, rural areas, forcing many seniors with preexisting conditions to get cov- Canadian system . . . After age 70, if into a one-size-fits-all, government-run erage and we want health insurance to you get sick, you’re done.’’ health care plan. go down, but we want to make sure Because of the long waiting lists, he The CBO also said the Democrats’ that the bureaucrats don’t get in the told us ER doctors are forced to make health care plan will increase seniors’ way of the doctor-patient relationship. a quick evaluation of whether or not Medicare prescription drug premiums That is what this plan does. There are someone is ‘‘salvageable’’ when they by 20 percent over the next decade. 31 bureaucracies in place, bureauc- come in the door. He said, ‘‘Within 48 It is time that Congress listen to our racies and czars between you, the pa- hours, you’d better show you are going constituents, listen to the American tient, and the doctor. That is the to improve; otherwise, your breathing people, and have an open, bipartisan wrong approach. tube is taken out and you move on . . . debate on health care reform. We don’t need an Obama health care because there is nowhere for you to plan. We need one that gives choice. We go.’’ He also said many patients come f need one where people have an option from Canada to Texas to seek his treat- to have a relationship with their doctor, and we need one that doesn’t tax ment. THE DEMOCRATS’ HEALTH CARE small business, especially right now So before we go to a national, gov- PLAN: WE SIMPLY CANNOT AF- when people are suffering and the econ- ernment-run system, I have one ques- FORD IT tion for those proponents of that bill: omy is not doing that well. When was the last time you went to (Mr. DUNCAN asked and was given f Canada for your health care? permission to address the House for 1 minute and to revise and extend his re- HEALTH CARE f marks.) (Mr. SMITH of Texas asked and was CONSTITUENT HEALTH CARE Mr. DUNCAN. Mr. Speaker, Robert given permission to address the House SURVEY RESULTS Samuelson is a long-time economics for 1 minute and to revise and extend columnist for The Washington Post. He his remarks.) (Mr. MCKEON asked and was given Mr. SMITH of Texas. Mr. Speaker, permission to address the House for 1 is considered to be a very middle-of- the-road writer, neither liberal nor yesterday the Senate majority leader minute and to revise and extend his re- announced his decision to push health marks.) conservative. In yesterday’s Post, he wrote a col- care legislation with a public option, Mr. MCKEON. Mr. Speaker, a few better known as government control. weeks ago, I held a town hall meeting umn entitled, ‘‘Public Plan Mirage.’’ Mr. Samuelson wrote that the public He said, ‘‘We’ve spent countless hours in my district. It was widely pub- over the last few days in consultation licized. We had a great turnout. We had option ‘‘is mostly an exercise in political avoidance: It pretends to control with Senators.’’ about 1,200 people there. This is a dis- What the Senate majority leader did costs and improve access to quality trict that was won by President Obama not say was that these negotiations care when it doesn’t.’’ 49–48 percent, even though I’m a Re- took place behind closed doors with the publican, and I just thought it would He wrote that it is a mirage because media and American people shut out. be interesting to tell the other side it uses ‘‘free market rhetoric to expand Recent polls show when the American what my constituents think just in government power’’ and added that the people have the facts, they oppose the case they’re listening. public plan ‘‘would probably doom to- Democrats’ proposals by a wide mar- Do you support the health care re- day’s private insurance.’’ gin. form plan proposed by President The so-called opt-out provision is a During his campaign, then-Senator Obama and the congressional Demo- mirage, too, because it does not allow Obama promised he would, ‘‘have all crats? Yes, 12 percent; no, 81 percent. people to opt out of paying for the pro- the negotiations around a big table’’ Overall how would you rate the qual- gram. No State could really opt out, and ‘‘televised on C–SPAN’’ to ‘‘allow ity of health care in this country? Ex- because its citizens would then be pay- people to stay involved in this proc- cellent, 27 percent; good, 46 percent; ing medical bills for people in other ess.’’ fair, 11 percent; poor, 11 percent. States without receiving any benefits Democratic leaders have failed to be Do you believe the Federal Govern- in return. open and candid with the American ment has a responsibility to ensure Medicare and Medicaid have both people about the decisionmaking proc- health care coverage for all Ameri- cost about 10 times more than was pre- ess. The public deserves to have all of cans? Yes, 15 percent; no, 65 percent. dicted. This new health care plan will the facts regarding a health care plan Do you support the creation of a gov- also cost many times more than is pre- that would raise premiums and cut ernment-run public insurance option to dicted now. We simply cannot afford it. benefits.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00030 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.055 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11823 HEALTH CARE here in the House of Representatives talk about amnesia in Washington. (Mr. FLAKE asked and was given should be to build on the success of You might recall on September 12, hun- permission to address the House for 1 some of our States. dreds of thousands of Americans from minute.) What are the Republican ideas for every State and every locality, com- Mr. FLAKE. Mr. Speaker, there is medical care reform? First, the Med- munity, converged upon Washington, much we don’t know about the health ical Rights Act, which says Congress and they left us some messages. And care legislation being developed behind should make no law interfering with sometimes the people in Washington closed doors somewhere here in the decisions that you have made with have forgotten those messages. One Capitol. But this much we do know: the your doctor. they left to me and the Congress in a promises being made that this legisla- Secondly, no reform is serious unless petition was: serve us honorably and tion won’t add a dime to the deficit it has lawsuit reform in the United responsibly. They demand no more just don’t hold water. Any character- States. taxes. Stop spending our money. Exer- ization of this legislation as being def- And third, you should be given a cise our freedoms; you will not take icit neutral is based on an assumption right as an American to buy coverage them away. Halt the dismantling of that we will obtain significant savings from any State in the Union if you find America. First, say ‘‘no’’ to cap-and- from Medicare, that we will somehow a plan that is less expensive or more trade; second, say ‘‘no’’ to government- over the next 10 years summon up the flexible for yourself or for your busi- run health care. courage to tell seniors that the bene- ness. Members, unfortunately, have amne- fits they currently are receiving are We should avoid the mistakes of sia around here. But I just wanted to too lavish, and that they will need to some States and repeat the successes of bring forward the petition the people sacrifice some of their current cov- others. The smoking hole of health in- brought me from north central and erage to pay for those who don’t cur- surance in the United States is the really all of Florida petitioning their rently have coverage. State of New Jersey. No lawsuit re- government: no government-run health Mr. Speaker, this type of courage form, incredible administrative burden, care. doesn’t reside with this Congress. We it costs $5,500 a patient to insure some- recently passed legislation to shield one in New Jersey. The best State in f high-income seniors from a slight in- the country, California, where they crease in Medicare part B premiums. If have cut their costs to half of the New HEALTH CARE we have to shield seniors who make Jersey rate, but they have rock and more than $170,000 annually from pay- rolling lawsuit reform in their State. (Mr. HUNTER asked and was given ing another $20 monthly, how are we What we should do is not pass the bill permission to address the House for 1 going to find $500 billion in savings that is coming up next week, a $400 bil- minute.) from Medicare over the next 10 years? lion tax increase in the teeth of the Mr. HUNTER. This is an interesting It simply doesn’t add up. Great Recession and a $400 billion cut debate about health care. The interesting thing about this is that Congress f for Medicare. f could fix it. We could increase port- WHERE ARE THE JOBS? ability. We could make it so there HEALTH CARE (Mr. LOBIONDO asked and was given aren’t any more frivolous lawsuits. We permission to address the House for 1 (Mr. MORAN of Kansas asked and could make it so there is more access, minute.) was given permission to address the so it is cheaper, and there are more tax Mr. LOBIONDO. Mr. Speaker, the House for 1 minute.) incentives for health care. But we people in the 2nd Congressional Dis- Mr. MORAN of Kansas. Mr. Speaker, aren’t doing that. trict of New Jersey are asking, Where many Kansans ask if health care re- What we have with health care in are the jobs? They have watched as form will allow them the choices of op- this country is a leaky faucet, and lib- this Congress has passed bailouts for tions that Members of Congress and eral Democrats want to tear down the AIG, for GM and for Chrysler. They other Federal employees enjoy under entire house for that one leaky faucet. watched as this Congress passed a huge the Federal Employees Health Benefits We could fix the faucet without a 1,200- bailout for Wall Street, and then fol- Program. That is a good question. page bill that is so complex that 90 per- lowed up with a stimulus bill that had I sponsored legislation calling for cent of the American people can’t un- very little thought and that isn’t pro- Members of Congress who support a derstand it. viding the jobs for our citizens. They government-run health plan to auto- We could fix health care and do it re- are not too big to fail, so they are not matically enroll in the soon-to-be-cre- sponsibly, and we could do it gradually. getting help. ated public plan. In some of the health Unfortunately, it looks like we will be The unemployment rate nationally is care bills crafted by Congress, Mem- voting to tear down the entire house. I about 9.8 percent. In most of my dis- bers of Congress have been exempt say we just fix the leaky faucet, reform trict, it is at least a couple of points from participation. I am concerned health insurance in this country, and higher than that. People are strug- that expansion of government-run fix things one at a time. gling. People want to understand when health care will lead to rationing of are we going to get spending under con- care and higher taxes. If Members of f trol, and when are we going to under- Congress are so convinced the public stand that we should pay attention to government-run option will deliver ANNOUNCEMENT BY THE SPEAKER the real people, the people who have quality, affordable care, then Members PRO TEMPORE their connection to the real world, not of Congress should be willing to enroll the people who are connected to Wall right alongside with the American peo- The SPEAKER pro tempore (Mr. Street, not the people who are getting ple. Congress should not have a better CUMMINGS). Pursuant to clause 8 of rule multimillion dollar bonuses after run- health care plan than they are willing XX, proceedings will resume on ques- ning companies into the ground, but to provide the American people, espe- tions previously postponed. Votes will the people who are just trying to make cially since the American people are be taken in the following order: America go. paying for both. Motion to instruct on H.R. 2996, by the yeas and nays; f f Motion to suspend on H.R. 2489, by HEALTH CARE HEALTH CARE the yeas and nays; (Mr. KIRK asked and was given per- (Mr. MICA asked and was given per- Motion to suspend on H. Res. 854, by mission to address the House for 1 mission to address the House for 1 the yeas and nays. minute and to revise and extend his re- minute.) The first electronic vote will be con- marks.) Mr. MICA. Mr. Speaker, there is ducted as a 15-minute vote. Remaining Mr. KIRK. Mr. Speaker, the rule of quite a bit of talk right now about the electronic votes will be conducted as 5- medicine is do no harm, and the rule spread of the H1N1 virus, but I want to minute votes.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00031 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.057 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11824 CONGRESSIONAL RECORD — HOUSE October 27, 2009 MOTION TO INSTRUCT CONFEREES Rooney Shuler Thompson (CA) of Texas, and Mr. SERRANO changed Ros-Lehtinen Shuster Thompson (PA) ON H.R. 2996, DEPARTMENT OF Roskam Simpson Thornberry their vote from ‘‘yea’’ to ‘‘nay.’’ THE INTERIOR, ENVIRONMENT, Ross Skelton Tiahrt Messrs. BERRY, MANZULLO, AKIN, AND RELATED AGENCIES APPRO- Royce Smith (NE) Tiberi SCHAUER, BISHOP of New York, Ms. PRIATIONS ACT, 2010 Rush Smith (NJ) Titus MARKEY of Colorado, Messrs. BISHOP Ryan (OH) Smith (TX) Turner The SPEAKER pro tempore. The un- Ryan (WI) Souder Upton of Georgia, STUPAK, BACA, Mrs. finished business is the vote on the mo- Salazar Space Walden BIGGERT, Messrs. LOEBSACK, HARE, Scalise Speier Walz tion to instruct on H.R. 2996 offered by and CANTOR changed their vote from Schauer Spratt Wamp ‘‘nay’’ to ‘‘yea.’’ the gentleman from Idaho (Mr. SIMP- Schmidt Stearns Westmoreland So the motion to instruct was agreed SON) on which the yeas and nays were Schock Stupak Whitfield ordered. Schrader Sullivan Wilson (OH) to. Scott (GA) Sutton Wilson (SC) The result of the vote was announced The Clerk will redesignate the mo- Sensenbrenner Tanner Wittman as above recorded. tion. Sessions Taylor Wolf Shadegg Teague Young (AK) A motion to reconsider was laid on The Clerk redesignated the motion. Shimkus Terry Young (FL) the table. The SPEAKER pro tempore. The question is on the motion to instruct. NAYS—147 f The vote was taken by electronic de- Ackerman Hastings (FL) Neal (MA) Andrews Heinrich Obey NATIONAL LAND REMOTE vice, and there were—yeas 267, nays Baird Higgins Olver SENSING OUTREACH ACT 147, not voting 18, as follows: Baldwin Himes Pallone The SPEAKER pro tempore (Ms. [Roll No. 816] Bean Hinchey Pastor (AZ) Becerra Hinojosa Perlmutter JACKSON-LEE of Texas). The unfinished YEAS—267 Berkley Hirono Peters business is the vote on the motion to Berman Hodes Pingree (ME) Aderholt Diaz-Balart, L. Lewis (CA) Blumenauer Holt Polis (CO) suspend the rules and pass the bill, Adler (NJ) Diaz-Balart, M. Linder Brady (PA) Honda Price (NC) H.R. 2489, as amended, on which the Akin Donnelly (IN) LoBiondo Brown, Corrine Hoyer Quigley Alexander Dreier Loebsack yeas and nays were ordered. Butterfield Inslee Rangel Altmire Driehaus Lucas The Clerk read the title of the bill. Capps Jackson (IL) Reyes Arcuri Duncan Luetkemeyer Capuano Jackson-Lee Rothman (NJ) The SPEAKER pro tempore. The Austria Edwards (TX) Luja´ n Carson (IN) (TX) Roybal-Allard Baca Ehlers Lummis question is on the motion offered by Chandler Johnson (GA) Ruppersberger Bachmann Ellsworth Lungren, Daniel the gentlewoman from Guam (Ms. Chu Johnson, E. B. Sa´ nchez, Linda Bachus Emerson E. Clarke Kennedy T. BORDALLO) that the House suspend the Barrow Etheridge Mack Clay Kildee Sarbanes rules and pass the bill, H.R. 2489, as Bartlett Fallin Manzullo Clyburn Kilpatrick (MI) Schakowsky Barton (TX) Farr Marchant amended. Cohen Kilroy Schiff Berry Flake Markey (CO) This is a 5-minute vote. Connolly (VA) Klein (FL) Schwartz Biggert Fleming Marshall Conyers Kucinich Serrano The vote was taken by electronic de- Bilbray Forbes Massa Courtney Larson (CT) Sestak Bilirakis Fortenberry McCarthy (CA) vice, and there were—yeas 379, nays 33, Crowley Lee (CA) Shea-Porter Bishop (GA) Foster McCaul not voting 20, as follows: Cummings Levin Sherman Bishop (NY) Foxx McClintock Dahlkemper Lewis (GA) Sires [Roll No. 817] Bishop (UT) Franks (AZ) McCotter Davis (CA) Lipinski Slaughter Blackburn Frelinghuysen McHenry YEAS—379 Davis (IL) Lofgren, Zoe Snyder Blunt Gallegly McIntyre DeFazio Lowey Stark Ackerman Burgess Diaz-Balart, L. Boccieri Garrett (NJ) McKeon DeGette Lynch Thompson (MS) Aderholt Butterfield Diaz-Balart, M. Boehner Giffords McMahon Delahunt Maffei Tierney Adler (NJ) Buyer Dicks Bonner Gingrey (GA) McMorris DeLauro Maloney Tonko Alexander Calvert Dingell Bono Mack Gohmert Rodgers Dicks Markey (MA) Towns Altmire Camp Doggett Boozman Goodlatte McNerney Dingell Matheson Tsongas Andrews Cantor Donnelly (IN) Boren Gordon (TN) Meek (FL) Doggett Matsui Van Hollen Arcuri Cao Doyle Boswell Graves Melancon Doyle McCarthy (NY) Vela´ zquez Austria Capito Dreier Boucher Grayson Mica Edwards (MD) McCollum Visclosky Baca Capps Driehaus Boustany Green, Gene Michaud Ellison McDermott Wasserman Bachmann Capuano Edwards (MD) Boyd Griffith Miller (FL) Engel McGovern Schultz Bachus Cardoza Edwards (TX) Brady (TX) Guthrie Miller (MI) Eshoo Meeks (NY) Waters Baird Carnahan Ehlers Braley (IA) Gutierrez Miller, Gary Fattah Miller (NC) Watson Baldwin Carney Ellison Bright Halvorson Minnick Filner Miller, George Watt Barrow Carson (IN) Ellsworth Broun (GA) Hare Mitchell Frank (MA) Moore (WI) Waxman Bartlett Carter Emerson Brown (SC) Harper Mollohan Fudge Moran (VA) Weiner Barton (TX) Cassidy Engel Brown-Waite, Hastings (WA) Moore (KS) Gonzalez Murphy (CT) Welch Bean Castle Eshoo Ginny Heller Moran (KS) Green, Al Murphy, Patrick Wexler Becerra Chaffetz Etheridge Buchanan Hensarling Murphy (NY) Grijalva Murtha Woolsey Berkley Chandler Fallin Burgess Herger Murphy, Tim Hall (NY) Nadler (NY) Wu Berman Childers Farr Burton (IN) Herseth Sandlin Myrick Harman Napolitano Yarmuth Berry Chu Fattah Buyer Hill Neugebauer Biggert Clarke Filner Calvert Holden Nunes NOT VOTING—18 Bilbray Clay Fleming Camp Hunter Nye Bilirakis Cleaver Forbes Campbell Inglis Oberstar Abercrombie Granger Pascrell Bishop (GA) Clyburn Fortenberry Cantor Issa Olson Barrett (SC) Hall (TX) Payne Bishop (NY) Coffman (CO) Foster Capito Jenkins Ortiz Cao Hoekstra Radanovich Bishop (UT) Cohen Foxx Cardoza Johnson (IL) Paul Castor (FL) Israel Sanchez, Loretta Blackburn Cole Frank (MA) Carnahan Jones Paulsen Deal (GA) Johnson, Sam Scott (VA) Blumenauer Connolly (VA) Frelinghuysen Carney Jordan (OH) Pence Gerlach Kirkpatrick (AZ) Smith (WA) Blunt Conyers Fudge Carter Kagen Perriello Boccieri Cooper Gallegly Cassidy Kanjorski Peterson Boehner Costa Giffords Castle Kaptur Petri b 1612 Bonner Costello Gingrey (GA) Chaffetz Kind Pitts Messrs. PALLONE, BRADY of Penn- Bono Mack Courtney Gohmert Childers King (IA) Platts Boozman Crenshaw Gonzalez Cleaver King (NY) Poe (TX) sylvania, Ms. CLARKE, Mr. SHER- Boren Crowley Goodlatte Coble Kingston Pomeroy MAN, Ms. BERKLEY, Messrs. Boswell Cuellar Gordon (TN) Coffman (CO) Kirk Posey CUMMINGS, NADLER of New York, Boucher Cummings Graves Cole Kissell Price (GA) Boustany Dahlkemper Grayson Conaway Kline (MN) Putnam ACKERMAN, DOYLE, DAVIS of Illi- Boyd Davis (AL) Green, Al Cooper Kosmas Rahall nois, LARSON of Connecticut, HIG- Brady (PA) Davis (CA) Green, Gene Costa Kratovil Rehberg GINS, Mrs. DAVIS of California, Brady (TX) Davis (IL) Griffith Costello Lamborn Reichert Messrs. SARBANES, LEWIS of Geor- Braley (IA) Davis (KY) Guthrie Crenshaw Lance Richardson Bright Davis (TN) Gutierrez Cuellar Langevin Rodriguez gia, LYNCH, GEORGE MILLER of Cali- Brown (SC) DeFazio Hall (NY) Culberson Larsen (WA) Roe (TN) fornia, Ms. SLAUGHTER, Messrs. WU, Brown, Corrine DeGette Halvorson Davis (AL) Latham Rogers (AL) McGOVERN, Ms. WASSERMAN Brown-Waite, Delahunt Hare Davis (KY) LaTourette Rogers (KY) Ginny DeLauro Harman Davis (TN) Latta Rogers (MI) SCHULTZ, Ms. BEAN, Messrs. BER- Buchanan Dent Harper Dent Lee (NY) Rohrabacher MAN, ANDREWS, Ms. JACKSON-LEE

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00032 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.058 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11825 Hastings (FL) McCaul Ryan (WI) Olson Radanovich Smith (WA) Doggett Lance Polis (CO) Hastings (WA) McCollum Salazar Pascrell Sanchez, Loretta Waxman Donnelly (IN) Langevin Pomeroy Heinrich McCotter Sa´ nchez, Linda Payne Scott (VA) Doyle Larsen (WA) Price (GA) Heller McDermott T. Dreier Larson (CT) Price (NC) Herseth Sandlin McGovern Sarbanes ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE Driehaus Latham Putnam Higgins McHenry Schakowsky The SPEAKER pro tempore (during Duncan LaTourette Quigley Hill McIntyre Schauer the vote). Two minutes remain in this Edwards (MD) Latta Rahall Himes McKeon Edwards (TX) Lee (CA) Rangel Schiff vote. Hinchey McMahon Schmidt Ehlers Lee (NY) Rehberg Hinojosa McMorris Ellison Levin Reichert Schock 1620 Hirono Rodgers Schrader b Ellsworth Lewis (CA) Reyes Hodes McNerney Schwartz Mr. LAMBORN changed his vote Emerson Lewis (GA) Richardson Holden Meek (FL) Engel Linder Rodriguez Scott (GA) from ‘‘yea’’ to ‘‘nay.’’ Holt Meeks (NY) Serrano Eshoo Lipinski Roe (TN) Honda Melancon Sessions Mr. CANTOR changed his vote from Etheridge LoBiondo Rogers (AL) Hoyer Mica Sestak ‘‘nay’’ to ‘‘yea.’’ Fallin Loebsack Rogers (KY) Hunter Michaud Farr Shea-Porter Lofgren, Zoe Rogers (MI) Inglis Miller (FL) So (two-thirds being in the affirma- Fattah Lowey Rohrabacher Sherman Inslee Miller (MI) tive) the rules were suspended and the Filner Lucas Rooney Shimkus Jackson (IL) Miller (NC) Flake Luetkemeyer Ros-Lehtinen Shuler bill, as amended, was passed. Jackson-Lee Miller, Gary Fleming Luja´ n Roskam Shuster The result of the vote was announced (TX) Miller, George Forbes Lummis Ross Simpson Jenkins Minnick as above recorded. Fortenberry Lungren, Daniel Rothman (NJ) Johnson (GA) Mitchell Sires The title of the bill was amended so Foster E. Roybal-Allard Skelton Johnson (IL) Mollohan as to read: ‘‘A bill to authorize a na- Foxx Lynch Royce Johnson, E. B. Moore (KS) Slaughter Frank (MA) Mack Ruppersberger Jones Moore (WI) Smith (NE) tional cooperative geospatial imagery Franks (AZ) Maffei Rush Kagen Moran (KS) Smith (NJ) program through the United States Ge- Frelinghuysen Maloney Ryan (OH) Kanjorski Moran (VA) Smith (TX) ological Survey to promote use of re- Fudge Manzullo Ryan (WI) Snyder Kaptur Murphy (CT) mote sensing data.’’. Gallegly Marchant Salazar Kennedy Murphy (NY) Souder Garrett (NJ) Markey (CO) Sa´ nchez, Linda Kildee Murphy, Patrick Space A motion to reconsider was laid on Giffords Markey (MA) T. Kilpatrick (MI) Murphy, Tim Speier the table. Gingrey (GA) Marshall Sarbanes Kilroy Murtha Spratt Gohmert Massa Scalise Kind Myrick Stark f Gonzalez Matheson Schakowsky King (IA) Nadler (NY) Stupak Goodlatte Matsui Schauer King (NY) Napolitano Sullivan RECOGNIZING 120TH ANNIVERSARY Gordon (TN) McCarthy (CA) Schiff Kirk Neal (MA) Sutton OF WEBER STATE UNIVERSITY Graves McCarthy (NY) Schmidt Kissell Nunes Tanner Grayson McCaul Schock Klein (FL) Nye Taylor The SPEAKER pro tempore. The un- Green, Al McClintock Schrader Kline (MN) Oberstar Teague finished business is the vote on the mo- Green, Gene McCollum Schwartz Kosmas Obey Terry tion to suspend the rules and agree to Griffith McCotter Scott (GA) Kratovil Olver Thompson (CA) Guthrie McDermott Sensenbrenner Kucinich Ortiz Thompson (MS) the resolution, H. Res. 854, on which Gutierrez McGovern Serrano Lance Pallone Thompson (PA) the yeas and nays were ordered. Hall (NY) McHenry Sessions Langevin Pastor (AZ) Thornberry The Clerk read the title of the resolu- Halvorson McIntyre Sestak Larsen (WA) Perlmutter Tiahrt tion. Hare McKeon Shadegg Larson (CT) Perriello Tiberi Harman McMahon Shea-Porter Latham Peters Titus The SPEAKER pro tempore. The Harper McMorris Sherman LaTourette Peterson Tonko question is on the motion offered by Hastings (FL) Rodgers Shimkus Latta Pingree (ME) Towns the gentleman from Puerto Rico (Mr. Hastings (WA) McNerney Shuler Lee (CA) Pitts Tsongas Heinrich Meek (FL) Shuster Lee (NY) Platts PIERLUISI) that the House suspend the Heller Turner Meeks (NY) Simpson Levin Polis (CO) Hensarling Melancon Sires Upton rules and agree to the resolution, H. Lewis (CA) Pomeroy Herger Mica Skelton Van Hollen Res. 854. Lewis (GA) Posey Herseth Sandlin Michaud Slaughter Vela´ zquez Linder Price (GA) This will be a 5-minute vote. Higgins Miller (FL) Smith (NE) Visclosky Lipinski Price (NC) The vote was taken by electronic de- Hill Miller (MI) Smith (NJ) Walden LoBiondo Putnam Himes Miller (NC) Smith (TX) Walz vice, and there were—yeas 412, nays 0, Loebsack Quigley not voting 20, as follows: Hinchey Miller, Gary Snyder Lofgren, Zoe Rahall Wamp Hinojosa Miller, George Souder Lowey Rangel Wasserman [Roll No. 818] Hirono Minnick Space Schultz Lucas Rehberg YEAS—412 Hodes Mitchell Speier Luetkemeyer Reichert Waters Holden Mollohan Spratt Luja´ n Reyes Watson Ackerman Boswell Chu Holt Moore (KS) Stark Lummis Richardson Watt Aderholt Boucher Clarke Honda Moore (WI) Stearns Lungren, Daniel Rodriguez Weiner Adler (NJ) Boustany Clay Hoyer Moran (KS) Stupak E. Roe (TN) Welch Akin Boyd Cleaver Hunter Moran (VA) Sullivan Lynch Rogers (AL) Westmoreland Alexander Brady (PA) Clyburn Inglis Murphy (CT) Sutton Mack Rogers (KY) Wexler Altmire Brady (TX) Coble Inslee Murphy (NY) Tanner Maffei Rogers (MI) Whitfield Andrews Braley (IA) Coffman (CO) Issa Murphy, Patrick Taylor Maloney Rohrabacher Wilson (OH) Arcuri Bright Cohen Jackson (IL) Murphy, Tim Teague Markey (CO) Ros-Lehtinen Wilson (SC) Austria Broun (GA) Cole Jackson-Lee Murtha Terry Markey (MA) Roskam Wittman Baca Brown (SC) Conaway (TX) Myrick Thompson (CA) Marshall Ross Wolf Bachmann Brown, Corrine Connolly (VA) Jenkins Nadler (NY) Thompson (MS) Massa Rothman (NJ) Woolsey Bachus Brown-Waite, Conyers Johnson (GA) Napolitano Thompson (PA) Matheson Roybal-Allard Wu Baird Ginny Cooper Johnson (IL) Neal (MA) Thornberry Matsui Ruppersberger Yarmuth Baldwin Buchanan Costa Johnson, E.B. Neugebauer Tiahrt McCarthy (CA) Rush Young (AK) Barrow Burgess Costello Jones Nunes Tiberi McCarthy (NY) Ryan (OH) Young (FL) Bartlett Burton (IN) Courtney Jordan (OH) Nye Tierney Barton (TX) Butterfield Crenshaw Kagen Oberstar Titus NAYS—33 Bean Buyer Crowley Kanjorski Obey Tonko Becerra Calvert Cuellar Akin Hensarling Paulsen Kaptur Olson Towns Berkley Camp Culberson Kennedy Olver Tsongas Broun (GA) Herger Pence Berman Campbell Cummings Burton (IN) Issa Petri Kildee Ortiz Turner Berry Cantor Dahlkemper Kilpatrick (MI) Pallone Upton Campbell Jordan (OH) Poe (TX) Biggert Cao Davis (AL) Coble Kingston Rooney Kilroy Pastor (AZ) Van Hollen Bilbray Capito Davis (CA) Kind Paul Vela´ zquez Conaway Lamborn Royce Bilirakis Capps Davis (IL) Culberson Manzullo Scalise King (IA) Paulsen Visclosky Bishop (GA) Capuano Davis (KY) King (NY) Pence Walden Duncan Marchant Sensenbrenner Bishop (NY) Cardoza Davis (TN) Flake McClintock Shadegg Kingston Perlmutter Walz Bishop (UT) Carnahan DeFazio Kirk Perriello Wamp Franks (AZ) Neugebauer Stearns Blackburn Carney DeGette Garrett (NJ) Paul Tierney Kissell Peters Wasserman Blumenauer Carson (IN) Delahunt Klein (FL) Peterson Schultz Blunt Carter DeLauro NOT VOTING—20 Kline (MN) Petri Waters Boccieri Cassidy Dent Kosmas Pingree (ME) Watson Abercrombie Gerlach Hoekstra Bonner Castle Diaz-Balart, L. Kratovil Pitts Watt Barrett (SC) Granger Israel Bono Mack Chaffetz Diaz-Balart, M. Kucinich Platts Waxman Castor (FL) Grijalva Johnson, Sam Boozman Chandler Dicks Lamborn Poe (TX) Weiner Deal (GA) Hall (TX) Kirkpatrick (AZ) Boren Childers Dingell

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00033 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.005 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11826 CONGRESSIONAL RECORD — HOUSE October 27, 2009 Welch Wilson (SC) Yarmuth with respect to which additional steps ‘‘(1) to inculcate and stimulate love of the Westmoreland Wittman Young (AK) were taken in Executive Order 13412 of United States and the flag; Wexler Wolf Young (FL) ‘‘(2) to defend the honor, integrity, and su- Whitfield Woolsey October 13, 2006, has not been resolved. premacy of the Constitution of the United Wilson (OH) Wu These actions and policies are hostile States and the United States Government; NOT VOTING—20 to U.S. interests and pose a continuing ‘‘(3) to advocate military forces adequate Abercrombie Grijalva Payne unusual and extraordinary threat to to the defense of the United States; Barrett (SC) Hall (TX) Posey the national security and foreign pol- ‘‘(4) to foster the integrity and prestige of Boehner Hoekstra Radanovich icy of the United States. Therefore, I the Armed Forces; Castor (FL) Israel Sanchez, Loretta have determined that it is necessary to ‘‘(5) to foster fraternal relations between Deal (GA) Johnson, Sam Scott (VA) continue the national emergency de- all branches of the various Armed Forces Gerlach Kirkpatrick (AZ) Smith (WA) Granger Pascrell clared with respect to Sudan and main- from which members are drawn; tain in force the sanctions against ‘‘(6) to further the education of children of ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE members of the Armed Forces; The SPEAKER pro tempore (during Sudan to respond to this threat. ‘‘(7) to aid members of the Armed Forces the vote). Two minutes remain in this BARACK OBAMA. and their family members and survivors in THE WHITE HOUSE, October 27, 2009. vote. every proper and legitimate manner; f ‘‘(8) to present and support legislative pro- b 1629 posals that provide for the fair and equitable b 1630 treatment of members of the Armed Forces, So (two-thirds being in the affirma- GRANTING A FEDERAL CHARTER including the National Guard and Reserves, tive) the rules were suspended and the TO THE MILITARY OFFICERS AS- military retirees, family members, sur- resolution was agreed to. SOCIATION OF AMERICA vivors, and veterans; and The result of the vote was announced ‘‘(9) to encourage recruitment and appoint- as above recorded. Mr. VAN HOLLEN. Madam Speaker, ment in the Armed Forces. A motion to reconsider was laid on together with my colleague WALTER ‘‘§ 140403. Membership the table. JONES, I ask unanimous consent to ‘‘Eligibility for membership in the cor- take from the Speaker’s table the bill poration, and the rights and privileges of f (S. 832) to amend title 36, United States members of the corporation, are as provided APPOINTMENT OF CONFEREES ON Code, to grant a Federal charter to the in the bylaws of the corporation. H.R. 2996, DEPARTMENT OF THE Military Officers Association of Amer- ‘‘§ 140404. Governing body INTERIOR, ENVIRONMENT, AND ica, and for other purposes, and ask for ‘‘(a) BOARD OF DIRECTORS.—The composi- RELATED AGENCIES APPROPRIA- its immediate consideration in the tion of the board of directors of the corpora- TIONS ACT, 2010 House. tion, and the responsibilities of the board, The Clerk read the title of the bill. are as provided in the articles of incorpora- The SPEAKER pro tempore. Without The SPEAKER pro tempore. Is there tion and bylaws of the corporation. objection, the Chair appoints the fol- ‘‘(b) OFFICERS.—The positions of officers of objection to the request of the gen- lowing conferees: Messrs. DICKS, MORAN the corporation, and the election of the offi- tleman from Maryland? of Virginia, MOLLOHAN, CHANDLER, HIN- cers, are as provided in the articles of incor- There was no objection. poration and bylaws. CHEY, OLVER, PASTOR of Arizona, PRICE The text of the bill is as follows: ‘‘§ 140405. Powers of North Carolina, OBEY, SIMPSON, CAL- S. 832 ‘‘The corporation has only those powers VERT, LATOURETTE, COLE, and LEWIS of Be it enacted by the Senate and House of Rep- provided in its bylaws and articles of incor- California. resentatives of the United States of America in poration filed in each State in which it is in- There was no objection. Congress assembled, corporated. f SECTION 1. GRANT OF FEDERAL CHARTER TO ‘‘§ 140406. Restrictions MILITARY OFFICERS ASSOCIATION OF AMERICA. ‘‘(a) STOCK AND DIVIDENDS.—The corpora- CONTINUATION OF THE NATIONAL tion may not issue stock or declare or pay a EMERGENCY WITH RESPECT TO (a) GRANT OF CHARTER.—Part B of subtitle II of title 36, United States Code, is amended dividend. SUDAN—MESSAGE FROM THE ‘‘(b) DISTRIBUTION OF INCOME OR ASSETS.— by inserting after chapter 1403 the following The income or assets of the corporation may PRESIDENT OF THE UNITED new chapter: STATES (H. DOC. NO. 111–74) not inure to the benefit of, or be distributed ‘‘CHAPTER 1404—MILITARY OFFICERS to, a director, officer, or member of the cor- The SPEAKER pro tempore laid be- ASSOCIATION OF AMERICA poration during the life of the charter grant- fore the House the following message ‘‘Sec. ed by this chapter. This subsection does not from the President of the United ‘‘140401. Organization. prevent the payment of reasonable com- States; which was read and, together ‘‘140402. Purposes. pensation to an officer or employee of the ‘‘140403. Membership. corporation or reimbursement for actual with the accompanying papers, referred ‘‘140404. Governing body. to the Committee on Foreign Affairs ‘‘140405. Powers. necessary expenses in amounts approved by and ordered to be printed: ‘‘140406. Restrictions. the board of directors. ‘‘(c) LOANS.—The corporation may not To the Congress of the United States: ‘‘140407. Tax-exempt status required as condition of charter. make a loan to a director, officer, employee, Section 202(d) of the National Emer- ‘‘140408. Records and inspection. or member of the corporation. gencies Act (50 U.S.C. 1622(d)) provides ‘‘140409. Service of process. ‘‘(d) CLAIM OF GOVERNMENTAL APPROVAL OR for the automatic termination of a na- ‘‘140410. Liability for acts of officers and AUTHORITY.—The corporation may not claim tional emergency unless, prior to the agents. congressional approval or the authority of anniversary date of its declaration, the ‘‘140411. Annual report. the United States Government for any of its ‘‘140412. Definition. President publishes in the Federal Reg- activities. ‘‘§ 140401. Organization ‘‘(e) CORPORATE STATUS.—The corporation ister and transmits to the Congress a shall maintain its status as a corporation in- notice stating that the emergency is to ‘‘(a) FEDERAL CHARTER.—Military Officers Association of America (in this chapter, the corporated under the laws of the Common- continue in effect beyond the anniver- ‘corporation’), a nonprofit organization that wealth of Virginia. sary date. In accordance with this pro- meets the requirements for a veterans serv- ‘‘§ 140407. Tax-exempt status required as con- vision, I have sent to the Federal Reg- ice organization under section 501(c)(19) of dition of charter ister for publication the enclosed no- the Internal Revenue Code of 1986 and is or- ‘‘If the corporation fails to maintain its tice stating that the Sudan emergency ganized under the laws of the Commonwealth status as an organization exempt from tax- is to continue in effect beyond Novem- of Virginia, is a federally chartered corpora- ation under the Internal Revenue Code of ber 3, 2009. tion. 1986, the charter granted under this chapter ‘‘(b) EXPIRATION OF CHARTER.—If the cor- shall terminate. The crisis constituted by the actions poration does not comply with the provisions ‘‘§ 140408. Records and inspection and policies of the Government of of this chapter, the charter granted by sub- Sudan that led to the declaration of a ‘‘(a) RECORDS.—The corporation shall section (a) shall expire. keep— national emergency in Executive Order ‘‘§ 140402. Purposes ‘‘(1) correct and complete records of ac- 13067 of November 3, 1997, and the ex- ‘‘(a) GENERAL.—The purposes of the cor- count; pansion of that emergency in Execu- poration are as provided in its bylaws and ar- ‘‘(2) minutes of the proceedings of the tive Order 13400 of April 26, 2006, and ticles of incorporation and include— members, board of directors, and committees

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00034 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.006 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11827 of the corporation having any of the author- TRICARE for Life, landmark legislation that WELCOMING HIS ALL HOLINESS ity of the board of directors of the corpora- provides lifetime government-sponsored health BARTHOLOMEW, ARCHBISHOP OF tion; and coverage for military retirees and their family CONSTANTINOPLE, NEW ROME, ‘‘(3) at the principal office of the corpora- ECUMENICAL PATRIARCH tion, a record of the names and addresses of members; the members of the corporation entitled to The Post-9/11 GI Bill, which provides cost- Mr. CARNAHAN. Madam Speaker, I vote on matters relating to the corporation. free education at any public college or univer- move to suspend the rules and agree to ‘‘(b) INSPECTION.—A member entitled to sity in the country for the current generation of the resolution (H. Res. 838) welcoming vote on any matter relating to the corpora- Iraq and Afghanistan veterans; to the United States and to Wash- tion, or an agent or attorney of the member, Elimination of a dollar-for-dollar offset to may inspect the records of the corporation ington, DC, His All Holiness Bar- for any proper purpose at any reasonable military retired pay for retirees with VA serv- tholomew, Archbishop of Constanti- time. ice-connected disabilities of 50% to 100%; nople, New Rome, Ecumenical Patri- ‘‘§ 140409. Service of process Access to continuous TRICARE health cov- arch on his upcoming trip on October ‘‘The corporation shall comply with the erage for currently serving National Guard and 20, 2009, through November 6, 2009, as law on service of process of each State in Reserve families and for reservists who qualify amended. which it is incorporated and each State in for reserve retirement but are not yet in receipt The Clerk read the title of the resolu- which it carries on activities. of reserve retired pay at age 60; tion. ‘‘§ 140410. Liability for acts of officers and Elimination of financial penalties for retired The text of the resolution is as fol- agents regular officers who pursue second careers in lows: ‘‘The corporation is liable for any act of the Federal civil service; and any officer or agent of the corporation act- Upgrades in compensation and transition H. RES. 838 ing within the scope of the authority of the services for severely wounded warriors, their Welcoming to the United States and to corporation. families and the survivors of those who have Washington, DC, His All Holiness Bar- ‘‘§ 140411. Annual report made the ultimate sacrifice in defense of the tholomew, Archbishop of Constantinople, ‘‘The corporation shall submit to Congress nation. New Rome, Ecumenical Patriarch on his up- an annual report on the activities of the cor- MOAA serves a vital role in helping inform coming trip on October 20, 2009, through No- poration during the preceding fiscal year. vember 6, 2009. The report shall be submitted at the same and shape public policy on national defense Whereas Ecumenical Patriarch Bar- time as the report of the audit required by matters and by ensuring that the needs of the tholomew is the spiritual leader of nearly section 10101(b) of this title. The report may entire active duty, National Guard and Re- 300,000,000 Orthodox Christians around the not be printed as a public document. serves, military retirees, survivors, veterans world and millions of Orthodox Christians in ‘‘§ 140412. Definition and their family members are given voice in the United States; ‘‘In this chapter, the term ‘State’ includes the public forum. Whereas Ecumenical Patriarch Bar- the District of Columbia and the territories I want to also congratulate MOAA for being tholomew is head of the largest Christian and possessions of the United States.’’. denomination headquartered in the Muslim recognized by ‘‘The Hill’’ newspaper for the world and convener of an ecumenical meet- (b) CLERICAL AMENDMENT.—The table of third year in a row as the top advocacy organi- chapters at the beginning of subtitle II of ing which produced the first condemnation title 36, United States Code, is amended by zation representing veterans. by Muslim religious leaders of the 9/11 attack inserting after the item relating to chapter MOAA has long tradition of servant-leader- on the United States as an anti-religious act; 1403 the following new item: ship to the entire military and veterans com- Whereas the Ecumenical Patriarchate, located in Istanbul, Turkey, is the spiritual ‘‘1404. Military Officers Associa- munity. The Association provides a variety of home of the world’s oldest and second largest tion of America ...... 140401’’. services not only to its members but to military Christian church; Mr. VAN HOLLEN. Madam Speaker, I am men and women of all ranks and to veterans. Whereas within the 2,000-year-old Sacred proud to rise in support of S. 832, a bill to I am pleased to recommend a Federal See of the Ecumenical Patriarchate, the New grant a federal charter to the Military Officers Charter be granted to the Military Officers As- Testament was codified and the Nicene Creed Association of America. My colleague WALTER sociation of America and ask for unanimous was created; JONES and I joined with 140 cosponsors to in- consent that S. 832 be passed. Whereas the disappearance of the See troduce the House companion, H.R. 2017. The bill was ordered to be read a would mean the end of a crucial link between S. 832 recognizes the dedication, service third time, was read the third time, the Christian and the Muslim world since the continuing presence of the Ecumenical Pa- and accomplishments of military officers and and passed, and a motion to reconsider triarchate in Turkey is a living testimony of their families, and the enduring contribution of was laid on the table. religious co-existence since 1453; MOAA to the military and veterans’ commu- Whereas Ecumenical Patriarch Bar- nities, and the nation. f tholomew received on his first official visit I want to thank Senators BILL NELSON and to the United States in 1997, the Congres- BOB CORKER for their hard work in helping sional Gold Medal, presented by the United REMOVAL OF NAME OF MEMBER States on behalf of the Congress in recogni- successfully report the Senate bill. AS COSPONSOR OF H.R. 1298 MOAA has been seeking a federal charter tion of his outstanding and enduring contributions to religious understanding and for 15 years. Despite bipartisan and bicameral Mr. ALEXANDER. Madam Speaker, I ask unanimous consent that my name peace, and was recognized by the United support, the bill had never previously received States in a manner reserved for a very small a floor vote in either chamber. be removed as a cosponsor of H.R. 1298. number of world leaders; MOAA serves a membership of 370,000 ac- The SPEAKER pro tempore. Is there Whereas the legislation bestowing the tive, reserve and retired officers and their objection to the request of the gen- Congressional Gold Medal on Ecumenical spouses in every branch of the military. tleman from Louisiana? Patriarch Bartholomew had one of the The variety of services MOAA provides in- There was no objection. highest numbers of Members of the United cludes: States House of Representatives cospon- soring it in Congressional history; The MOAA Scholarship Fund, which pro- f vides interest-free loans and grants to stu- Whereas His All Holiness is one of the few living persons to have been awarded the dents of military families; ANNOUNCEMENT BY THE SPEAKER highest Congressional honor, the Congres- Supplemental health insurance; and PRO TEMPORE sional Gold Medal, which has been bestowed Personalized career transition assistance only on the most eminent individuals, such services for members and spouses; The SPEAKER pro tempore. Pursu- as George Washington, Winston Churchill, The Military Officers Association has had a ant to clause 8 of rule XX, the Chair and Pope John Paul II; distinguished record of protecting and improv- will postpone further proceedings Whereas Ecumenical Patriarch Bar- ing earned compensation and benefits for the today on motions to suspend the rules tholomew is recognized in the United States entire military and veterans’ community. on which a recorded vote or the yeas and abroad as a leader in the quest for world peace, greater religious understanding, and Thanks to the support of Members of this and nays are ordered, or on which the vote incurs objection under clause 6 of respect for the Earth’s environment; Body and our colleagues in the Senate, Whereas Ecumenical Patriarchate Bar- MOAA has led efforts that resulted in enact- rule XX. tholomew was selected by Time Magazine as ment of major legislative accomplishments in- Record votes on postponed questions number 11 among 2008’s 100 most influential cluding: will be taken later. people in the world;

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00035 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.008 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11828 CONGRESSIONAL RECORD — HOUSE October 27, 2009 Whereas Ecumenical Patriarch Bar- tlewoman from Florida (Ms. ROS- issues, we must also remember that the tholomew enhanced greater religious under- LEHTINEN) each will control 20 minutes. Patriarchate itself operates under nu- standing by initiating a joint declaration The Chair recognizes the gentleman merous onerous restrictions imposed that it is man’s duty to protect the earth, from Missouri. by the Government of Turkey, the signed by himself and Pope John Paul II, country where the Patriarchate is lo- the spiritual leaders of nearly 1 out of every GENERAL LEAVE 5 people in the world; Mr. CARNAHAN. Madam Speaker, I cated. The Patriarchate’s property Whereas Ecumenical Patriarch Bar- ask unanimous consent that all Mem- rights, its freedom to open religious tholomew is called ‘‘the Green Patriarch’’ by bers have 5 legislative days to revise schools and other issues of religious leaders of the international environmental and extend their remarks and include freedom must be properly addressed by community; extraneous material on the resolution the Turkish Government. Indeed, the Whereas Ecumenical Patriarch Bar- under consideration. very future of the Ecumenical Patri- tholomew received the prestigious Sophie The SPEAKER pro tempore. Is there archate is endangered by the Turkish Prize of Norway for his environmental work; requirement that the Ecumenical Pa- Whereas the prize money was donated by objection to the request of the gen- His All Holiness to UNICEF’s fund for des- tleman from Missouri? triarch be a natural-born citizen of titute children and for environmental There was no objection. Turkey. As the Greek Orthodox popu- projects; Mr. CARNAHAN. Madam Speaker, I lation of Turkey has dwindled to less Whereas Ecumenical Patriarch Bar- rise in strong support of this resolution than 3,000 persons, the pool of potential tholomew has led symposia of international and yield myself such time as I may future Ecumenical Patriarchs has vir- environmental leaders regarding the Adri- consume. tually dried up. This archaic require- atic, Aegean, Arctic, Baltic, and Black Seas, I would like to thank my colleague, ment that the Patriarch be a natural- as well as the Amazon, Danube, and Mis- the gentleman from Florida (Mr. BILI- born Turkish citizen was born in the sissippi Rivers, and His All Holiness was hon- difficult post-World War I environment ored in New York through the Scenic Hudson RAKIS), a member of the House Foreign River Initiative; Affairs Committee and a leading voice in which the modern Republic of Tur- Whereas the Religious, Science, and Envi- in the Congress on issues concerning key was created. It is certainly unwor- ronmental (RSE) symposia are organized the Ecumenical Patriarch, for intro- thy of the self-confident regional power under the auspices of His All Holiness Ecu- ducing this resolution. that Turkey has become, and we call menical Patriarch Bartholomew, who origi- We are all pleased to welcome Ecu- on Turkey to end this requirement, and nally conceived the movement in 1988 at a menical Patriarch Bartholomew, the end it now, before it strangles the Pa- meeting of environmental and religious lead- spiritual leader of nearly 300 million triarchate. ers for the purpose of establishing common Orthodox Christians around the world, I urge my colleagues to join me in ground on environmental issues between rep- to the United States and to our Na- welcoming His All Holiness Bar- resentatives of faith communities, sci- tholomew, Archbishop of Constanti- entists, and environmental nongovernmental tion’s Capital. Elected as the 270th organizations; Archbishop of the historic throne of nople, New Rome, Ecumenical Patri- Whereas patrons of past symposia have in- Constantinople, Ecumenical Patriarch arch and honoring all he has done to cluded Prince Philip, Duke of Edinburgh; Bartholomew has been a tireless advo- promote peace, religious understanding Jacques Santer and Romano Prodi, former cate for religious freedom, Muslim- and the protection of our environment. Presidents of the European Commission; and Christian dialogue and international I strongly support this resolution, and Kofi Annan, former United Nations Sec- environmental protection. I urge all my colleagues to do likewise. retary-General; Madam Speaker, I reserve the bal- Whereas the symposia have also reached Known as the Bridge Builder and the Patriarch of Peace, Ecumenical Patri- ance of my time. out across different faiths and denomina- Ms. ROS-LEHTINEN. Madam Speak- arch Bartholomew has provided hope to tions, revealing the wisdom of diverse theo- er, I am so pleased and honored to yield logical traditions, as well as a common im- those who have survived under Com- such time as he may consume to my perative to protect the natural world; munist oppression and has also trav- good friend from Florida (Mr. BILI- Whereas during the 2002 Adriatic Sea Sym- eled throughout the Muslim world, ad- RAKIS), an esteemed member of our posium, Pope John Paul II and Patriarch vocating for religious tolerance and un- Committee on Foreign Affairs and the Bartholomew signed a joint declaration understanding. derlining the spiritual duty of caring for author of this important resolution. Sitting at the crossroads between God’s creation in the interest of future gen- Mr. BILIRAKIS. Madam Speaker, I erations; and East and West, the Ecumenical Patri- rise today with great pride to offer Whereas the outstanding accomplishments archate itself is a testament to half a House Resolution 838, as amended, of Ecumenical Patriarch Bartholomew have millennium of Christian-Muslim coex- which welcomes His All Holiness Bar- been formally recognized and honored by nu- istence. In fact, Ecumenical Patriarch tholomew, Archbishop of Constanti- merous governmental, academic, and other Bartholomew has strived to commu- nople, New Rome, Ecumenical Patri- institutions around the world: Now, there- nicate his message of tolerance and un- fore, be it arch, as he visits the United States. I derstanding directly to millions of would like to recognize Foreign Affairs Resolved, That the House of Representa- Muslims around the world. Committee Chair BERMAN and Ranking tives— Another important theme of Ecu- (1) welcomes to the United States and to Member ROS-LEHTINEN for working menical Patriarch Bartholomew’s has with me to move this important resolu- Washington, DC, His All Holiness Bar- been environmental protection which tholomew, Archbishop of Constantinople, tion to the House floor expeditiously. New Rome, Ecumenical Patriarch, and rec- has earned him the title of Green Pa- Consideration of this resolution un- ognizes the importance to the United States triarch. It is fitting then that the Ecu- derscores the importance and dem- and the world of the Ecumenical Patriarch’s menical Patriarch began his visit to onstrates Ecumenical Patriarch Bar- recent environmental seminar conducted on the United States in New Orleans and tholomew’s relevance in the world as a the Mississippi River with some of the convened a symposium on the environ- spiritual leader, the leader of nearly world’s leading environment experts; mental health of the Mississippi River. 300 million Orthodox Christians around (2) recognizes the importance to the United This marks the eighth environmental the world and millions of Orthodox States and to the world of Ecumenical Patri- symposium Ecumenical Patriarch Bar- arch Bartholomew’s leadership on matters of Christians right here in the United environment, peace, and religion, and en- tholomew has held since 1995. In 2002, States. courages United States foreign policy mak- at the Adriatic Sea Symposium, Pope I was blessed to have been raised in ers to continue to urge Turkey to grant reli- John Paul II and Ecumenical Patriarch the Greek Orthodox Church. As a child, gious freedom and property rights to the Ec- Bartholomew signed a historic joint I served as an altar boy in St. Nicholas umenical Patriarchate as well as to reopen declaration, underlining the spiritual Greek Orthodox Church in Tarpon the theological school at Halki; and duty of caring for God’s creation in the Springs, Florida, as do three of my (3) expresses its support for Ecumenical interest of future generations. sons today. Patriarch Bartholomew’s noble efforts for Madam Speaker, while I am pleased Ecumenical Patriarch Bartholomew the betterment of humankind. that we’ve come here today and ex- is the 273rd successor of the founder of The SPEAKER pro tempore. Pursu- pressed our strong support for Ecu- the Eastern Orthodox Church, St. An- ant to the rule, the gentleman from menical Patriarch Bartholomew and drew the Apostle. Madam Speaker, Ec- Missouri (Mr. CARNAHAN) and the gen- his leadership on many important umenical Patriarch Bartholomew must

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00036 Fmt 7634 Sfmt 0634 E:\CR\FM\A27OC7.011 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11829 ensure that the faith in the Holy See I would like to thank my colleague for Patriarchal succession must end. endures. The Ecumenical Patriarchate from Missouri for his reference to the The closing of the theological school in is the spiritual home of the world’s old- Government of Turkey and would, by Halki must be reversed. Such actions est and second-largest Christian church these remarks, appeal upon the State restrict the religious freedom of mil- located in Istanbul, Turkey. of Turkey to embrace a sense of reli- lions of Orthodox believers, and they Ecumenical Patriarch Bartholomew gious tolerance that has, regrettably, threaten the future of the Patri- has a record of reaching out and work- been missing. As one of over 300 million archate, itself. ing for peace and reconciliation among who follow the Orthodox faith, I look I am pleased that this resolution all faiths and has fostered dialogue to Ecumenical Patriarch Bartholomew clearly states the need for the lifting of among Christians, Jews and Muslims. for spiritual guidance and leadership, these bureaucratic restrictions on the In fact, His All Holiness convened an and it fills me with great pride to wel- Ecumenical Patriarchate, and on the ecumenical meeting which produced come His Holiness to the United occasion of the Patriarch’s visit to the the first condemnation by Muslim States. United States, we again call on the leaders of the 9/11 attack on the United I would like to thank my colleague Turkish Government to end them. States as an anti-religious act, an ac- and good friend from the State of Flor- Madam Speaker, I reserve the bal- complishment that has yet to be re- ida (Mr. BILIRAKIS) for introducing this ance of my time. peated by any other world or religious resolution, and I am honored to be an Mr. CARNAHAN. Madam Speaker, I leader. Indeed, His All Holiness was the original cosponsor. As a member of the yield 3 minutes to the gentleman from second living person in U.S. history al- Orthodox Church, as a Greek Amer- Maryland (Mr. SARBANES). lowed to be honored in the United ican, as a proud Member of this Con- Mr. SARBANES. I thank the gen- States Capitol Rotunda as a recipient gress, I strongly urge support for this tleman for yielding. of the Congressional Gold Medal, the resolution. Madam Speaker, I rise in support of highest congressional honor, pre- H. Res. 838. It is, indeed, a privilege to viously bestowed on such historic fig- b 1645 join with my colleagues in welcoming ures as George Washington, Pope John Ms. ROS-LEHTINEN. I yield myself to the United States and honoring His Paul II and Winston Churchill. such time as I may consume. All Holiness Ecumenical Patriarch Ecumenical Patriarch Bartholomew Madam Speaker, it is my great honor Bartholomew, Archbishop of Constanti- was honored by Time magazine in its to rise in support of this important res- nople and New Rome. selection of His All Holiness as number olution put forth by my good friend I want to thank Congressman BILI- 11 among 2008’s 100 most influential from Florida (Mr. BILIRAKIS). I thank RAKIS for his leadership in developing people in the world. He has been recog- him for his leadership. this resolution. nized in the United States and abroad This resolution welcomes the Ecu- As Ecumenical Patriarch, His All Ho- as a leader in the quest for world peace, menical Patriarch on his visit to the liness is the spiritual leader of the greater religious understanding and re- United States, which is coming up this world’s Orthodox Christians. Orthodox spect for the Earth’s environment. November. Patriarch Bartholomew is Christians constitute the second larg- This resolution also recognizes the the spiritual leader for over 300 million est Christian domination in the world, need for religious freedom and property Orthodox believers around the world, numbering some 300 million. From the rights to be granted to the Ecumenical millions of whom live right here in the Phanar, located in modern day Patriarchate as well as the need for the United States. Istanbul, the Ecumenical Patriarch has theological school at Halki to be re- As the leader of the oldest and second challenged all of us through his unpar- opened, both of which deserve our full largest church in the world, the Patri- alleled work in interfaith dialogue to support. arch has been an inspirational advo- respect each other’s faiths and cul- I urge my colleagues to support this cate for peace and religious tolerance. tures. resolution recognizing the importance In fact, the Ecumenical Patriarchate in He is a true messenger of peace and of Ecumenical Patriarch Bartholo- Istanbul has been an iconic symbol for justice. Each day, the Ecumenical Pa- mew’s visit to the United States and religious co-existence since 1453, when triarch reminds us through his good his work on behalf of world peace, the the Muslim ruler and the Patriarch at deeds and good words that we must environment and religious freedom. that time signed an accord for the con- Mr. CARNAHAN. Madam Speaker, I reach beyond the value of material tinuation of the Orthodox Church in yield 2 minutes to the gentleman from goods and look at one another as the what became a predominantly Muslim brethren of a single family. The role of Ohio (Mr. SPACE). Mr. SPACE. Madam Speaker, I rise country. pastor to the world, the Ecumenical today in support of House Resolution Today, Patriarch Bartholomew con- role of His All Holiness arises from the 838, welcoming to the United States tinues to reach out to leaders of var- fact that he is the successor of the His All Holiness Ecumenical Patriarch ious religious faiths to encourage dia- Apostle Andrew, who established the Bartholomew, Archbishop of Constanti- logue and understanding. In fact, fol- church in Rome’s eastern provinces nople, New Rome. This visit of the Ecu- lowing the horrendous attacks on our while his brother, Peter, established menical Patriarch is a significant occa- country on September 11, 2001, Patri- the church in Rome. sion for Orthodox Christians, Greek arch Bartholomew convened an inter- Unfortunately, while the Ecumenical Americans and all Americans in gen- faith conference with representatives Patriarchate in Istanbul is more than eral. from the Christian, Jewish and Muslim 1,700 years in existence, today, its sur- As a Greek American and as an Or- religions—a conference that resulted in vival is threatened because of the con- thodox Christian myself, I am humbled the first condemnation by Muslim tinued denial of religious freedom and by the visit of the leader of my church leaders of those terrorist attacks. Pa- human rights that is perpetuated by who is renowned for his work on peace triarch Bartholomew has also been a the government of the Republic of Tur- and religious understanding and toler- global leader in efforts to protect our key. The plight of this ancient and ance around the world. Patriarch Bar- environment. He has sponsored noble religious center exemplifies the tholomew has also distinguished him- symposia with international environ- ongoing struggle for international reli- self by working diligently to bring at- mental leaders on initiatives to protect gious freedom that so many people of tention to our environment, calling his our clean oceans and to protect our riv- so many faiths continue to endure. followers to take heed of their physical ers. The United States must call upon its and spiritual impact on this Earth. Despite his many contributions and ally Turkey to restore the full rights of All of us have been fortunate to live the commitment to peace and under- the Patriarchate, including property our lives and raise our families in a na- standing, the Ecumenical Patriarch rights, and to reopen the Halki Theo- tion where we are free to worship and continues to endure restrictions im- logical Seminary. we can seek the spiritual guidance of posed by the Turkish Government. The I am particularly drawn to the Patri- our church leaders without fear. In too prohibitions on the Patriarchate’s arch’s efforts to promote many places in the world, this is not right to own property and its right to environmentalism. He has been called possible. determine for itself the requirements the Green Patriarch for his powerful

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Humankind must ensure THEIR FAMILIES Iraqi Kurdistan, is mountainous but that it exists in a world where there is Mr. CARNAHAN. Madam Speaker, I not obscure. In fact, it is becoming in- fresh air to breathe, clean water to move to suspend the rules and concur creasingly popular with tourists. If the drink and pure soil from which to har- in the concurrent resolution (S. Con. three Americans did, indeed, cross into vest our food. From the Phanar, the Res. 45) encouraging the Government Iranian territory, they almost cer- Ecumenical Patriarch has inspired mil- of Iran to allow Joshua Fattal, Shane tainly did so unknowingly and uninten- lions of Christians, Jews, Muslims, and Bauer, and Sarah Shourd to reunite tionally. people of all faiths with his call upon with their families in the United At the time of her capture, 31-year humanity to honor its responsibility as States as soon as possible. old Sarah Shourd was teaching English a steward of the Earth’s natural boun- The Clerk read the title of the con- in Damascus, Syria, where she was liv- ty. current resolution. ing with her boyfriend, Shane Bauer— We are so privileged to have Ecu- The text of the concurrent resolution a writer and photojournalist. Their menical Patriarch Bartholomew in the is as follows: friend and fellow University of Cali- United States and to honor him for his S. CON. RES. 45 fornia—Berkeley alumnus, Joshua continuing efforts to achieve a more Whereas on July 31, 2009, officials of the Fattal, was traveling with them in peaceful and harmonious world. Government of Iran took 3 United States Iraqi Kurdistan. Their adventure in Mr. VAN HOLLEN. Madam Speaker, I rise citizens, Joshua Fattal, Shane Bauer, and Iraq turned into a nightmare when in support of H. Res. 838, a bill to welcome Sarah Shourd, into custody near the Ahmed they were seized by the Iranians. His All Holiness Bartholomew, Archbishop of Awa region of northern Iraq, after the 3 This important resolution calls on United States citizens reportedly crossed Constantinople, to the United States and to the Government of Iran to provide Washington, DC. into the territory of Iran while hiking in Iraq; these three innocent, young Ameri- As the spiritual leader of nearly 300,000,000 Whereas officials of the Government of cans, at a minimum, the opportunity Orthodox Christians around the world and mil- Iran have confirmed that they are holding to speak with their families by phone. lions of Orthodox Christians in the United the 3 United States citizens; and It also encourages the Government of States, Ecumenical Patriarch Bartholomew is Whereas officials of the Government of Iran to free them so they can be re- recognized here and abroad for his leadership Iran have allowed consular access by the united with their families in the in the quest for world peace, for his work to Embassy of the Government of Switzerland United States as soon as possible. promote responsible stewardship of the envi- (in its formal capacity as the representative Of course, Joshua, Shane and Sarah ronment and for his global efforts to spread re- of the interests of the United States in Iran) to the 3 young United States citizens in ac- are not the only Americans currently ligious tolerance. cordance with the Vienna Convention on being held in Iran. The Iranian-Amer- In addition to receiving the 1997 Congres- Consular Relations, done at Vienna April 24, ican scholar, Kian Tajbakhsh—an sional Gold Medal and the Sophie Prize of 1963: Now, therefore, be it urban planner with a doctorate from Norway for managing to raise the environ- Resolved by the Senate (the House of Rep- Columbia University—was arrested in mental awareness of 300 million members of resentatives concurring), That Congress— July, and was sentenced last week to the Orthodox Churches, His Holiness was rec- (1) encourages the Government of Iran to 15-years’ imprisonment for his involve- ognized in 2008 by Time Magazine as one of allow Joshua Fattal, Shane Bauer, and Sarah Shourd to communicate by telephone ment in the peaceful demonstrations the world’s most influential people. Time Mag- that followed the July 12 election azine said His Holiness was recognized for his with their families in the United States; and (2) encourages the Government of Iran to fraud. successful efforts to ‘‘stake out a clear moral allow Joshua Fattal, Shane Bauer, and Another Iranian-American, 71-year and spiritual vision that is dominated by his Sarah Shourd to reunite with their families old Reza Taghavi, has been imprisoned concern for the environment.’’ in the United States as soon as possible. since May 2008 without a trial or for- I am proud to stand in recognition of the The SPEAKER pro tempore. Pursu- mal charges. pioneering efforts of His Holiness in linking ant to the rule, the gentleman from In April, this body passed House Con- faith to the environment, for his tireless efforts Missouri (Mr. CARNAHAN) and the gen- current Resolution 36, regarding the to promote justice and human rights and for tlewoman from Florida (Ms. ROS- case of the former FBI agent, Robert his global spiritual leadership. LEHTINEN) each will control 20 minutes. Levinson, who has been missing in Iran I welcome His Holiness to the United States The Chair recognizes the gentleman since 2007. and urge my colleagues to join me in support from Missouri. As the United States and the inter- of this resolution. national community engage Iran on its Ms. ROS-LEHTINEN. Madam Speak- GENERAL LEAVE nuclear weapons program, we must not er, I have no further requests for time Mr. CARNAHAN. Madam Speaker, I forget the plight of these innocent on this important resolution, and I ask unanimous consent that all Mem- Americans. I commend Undersecretary yield back the balance of my time. bers may have 5 legislative days to re- of State William Burns for raising this Mr. CARNAHAN. Madam Speaker, I vise and extend their remarks and to issue with his Iranian counterpart at have no further requests for time, and include extraneous materials on the the October 1 Geneva meeting. I en- I yield back the balance of my time. resolution under consideration. The SPEAKER pro tempore. The The SPEAKER pro tempore. Is there courage him to continue to do so at all question is on the motion offered by objection to the request of the gen- subsequent meetings with Iranian offi- the gentleman from Missouri (Mr. tleman from Missouri? cials until our fellow citizens are freed. A New York Times editorial this past CARNAHAN) that the House suspend the There was no objection. rules and agree to the resolution, H. Mr. CARNAHAN. I yield myself such Saturday said it well, entitled ‘‘More Res. 838, as amended. time as I may consume. Iranian Injustice.’’ The editorial called The question was taken. Madam Speaker, I rise in support of for the immediate release of the im- The SPEAKER pro tempore. In the S. Con. Res. 45, a resolution encour- prisoned Americans, and it went on to opinion of the Chair, two-thirds being aging the Government of Iran to allow read, ‘‘Iran may sit at the negotiating in the affirmative, the ayes have it. the American prisoners Joshua Fattal, table with the United States and other Mr. CARNAHAN. Madam Speaker, on Shane Bauer and Sarah Shourd to re- world powers, but it will never earn the that I demand the yeas and nays. unite with their families in the United respect it craves if it continues these The yeas and nays were ordered. States as soon as possible. kinds of human rights abuses.’’ The SPEAKER pro tempore. Pursu- On July 31, 2009, these three Amer- I commend Senator ARLEN SPECTER ant to clause 8 of rule XX and the ican hikers were taken into custody by for introducing this timely resolution

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Now, Sarah is a con- issue. border into Iran. stituent, but Joshua and Shane, they Madam Speaker, we care passion- As a result, these three young Ameri- are all graduates of the University of ately about the freedom of our fellow cans, all graduates of the University of California in Berkeley, which is lo- citizens, and it is in that spirit that I California-Berkley, have since been de- cated in my district. urge all of my colleagues to support tained in Iran. While Swiss diplomats I have had the opportunity to talk this important resolution. were finally permitted access to Josh, with family members of Sarah, and I I reserve the balance of my time. Sarah and Shane on September 29, the know how difficult it is for them dur- Ms. ROS-LEHTINEN. I yield myself three have still not been allowed to ing these trying times and I know how such time as I may consume. have any contact with their families. they are doing everything they can do Madam Speaker, on July 31 of this In response to this action, I have to seek their release. year, the Iranian regime detained three sponsored in the House—and Senator Reports indicate that for 3 months, U.S. citizens—Joshua Fattal, Shane ARLEN SPECTER has spearheaded in the the families of these young American Bauer and Sarah Shourd—who were Senate—Senate Concurrent Resolution citizens have had no contact with the hiking in northern Iraq and who alleg- 45, which encourages the Government detained, whether in person or by tele- edly strayed across the border by acci- of Iran to allow Josh, Shane and Sarah phone. The lack of information regard- dent. Almost 3 full months later, Iran to communicate by telephone with ing the whereabouts and welfare of still holds them captive. This case their families in the United States. their loved ones, as well as any indica- should alert us once again to the true More importantly, it also encourages tion of a timeline for their release, is nature of the Iranian regime. the Government of Iran to allow them deeply troubling. Under article 36 of the Vienna Con- Almost 30 years ago, on November 4, to reunite with their families here in vention, consular officers shall be pro- 1979, this regime took 53 American hos- the United States as soon as possible. tages at the U.S. Embassy in Tehran, vided access to an arrested, detained, 1700 and it held them for 444 days. Three b or imprisoned national without delay. I decades later, this is a regime that con- This resolution was unanimously was relieved to hear that on September tinues to hold American citizens hos- passed by the Senate on October 6. 30, 2009, Swiss officials were finally tage. This is a regime that remains the Josh, whose family is from Mont- granted consular access to the three largest state sponsor of terrorism in gomery County, Pennsylvania, which I detained American citizens. However, the world—from Beirut to Buenos represent; Sarah; and Shane did not like my colleagues, like all of us, we Aires. This is a regime that continues commit any malicious acts. They were are deeply concerned that these offi- to support Iraqi and Afghan violent three young Americans who have trav- cials and the three lack freedom of Islamist groups, which are responsible eled extensively throughout the world communication, which is also provided for the deaths of Americans. This is a seeking to learn about different soci- for by the Vienna Convention on Con- regime that openly seeks to wipe out eties and different cultures. Unfortu- sular Relations. This resolution importantly calls our ally, the democratic, Jewish State nately, they made a single mistake: upon the Government of Iran to allow of Israel, off the map, and it acts ac- They got lost. For that they have been for Joshua, Shane, and Sarah to com- cordingly. This is a regime that con- held for nearly 3 months with almost municate by telephone with their fami- tinues to relentlessly pursue unconven- no contact with the outside world. lies in the United States, who continue tional weapons and the missiles to As a mother, I can well imagine the to passionately appeal to the Govern- carry them. pain and frustration the families of the ment of Iran for their timely and safe Using conventional means, Iran has three young adults feel as they wait, release. On September 22, President inflicted considerable damage on U.S. hoping, doing all that they can but Ahmadinejad stated his intent to ask citizens, on our interests and on our al- with little power to compel action by the Iranian judiciary to ‘‘expedite the lies during its 30-year war against Iran to free their children. I know, es- process’’ of this case, as well as to America. pecially through my conversations ‘‘look at the case with maximum leni- I strongly support Senate Concurrent with Mrs. Fattal, how important this ency.’’ Resolution 45, which draws attention resolution is to them and their fami- In accordance with this resolution, I to the fact that Iran continues to hold lies. hope that the Government of Iran will U.S. citizens hostage. The regime must I urge the Government of Iran to re- live up to its promise and act without release these young Americans imme- unite Josh, Sarah, and Shane with delay to ensure that these young diately and unconditionally, and the their families, and I ask my colleagues American citizens may be reunited United States and other responsible na- to support this concurrent resolution and the strong but compassionate plea with their families and loved ones. tions must fully recognize the nature I stand in support of this resolution for action that it contains. of the regime, and they need to apply today. I want to thank the State De- Ms. ROS-LEHTINEN. Madam Speak- every form of economic and political partment and all of our colleagues for er, I have no further requests for time, pressure in our arsenal—now, not doing so much to try to gain the re- and I yield back the balance of my later—to compel the regime to abandon lease of these three young individuals time. its dangerous course. as soon as possible. Madam Speaker, with that, I reserve Mr. CARNAHAN. Madam Speaker, I I thank my colleagues for their sup- the balance of my time. am pleased now to yield 3 minutes to port of this resolution. Mr. CARNAHAN. Madam Speaker, I the gentlewoman from California (Ms. Mr. CARNAHAN. Madam Speaker, I yield 3 minutes to the gentlewoman LEE). have no further requests for time, and from Pennsylvania (Ms. SCHWARTZ). Ms. LEE of California. I thank the I yield back the balance of my time. Ms. SCHWARTZ. I appreciate the op- gentleman for yielding, and I thank The SPEAKER pro tempore. The portunity to speak on this resolution. him also for carrying this resolution. question is on the motion offered by Madam Speaker, I rise in support of Madam Speaker, I am in strong sup- the gentleman from Missouri (Mr. three young American citizens who port of Senate Concurrent Resolution CARNAHAN) that the House suspend the have been detained by the Government 45, which encourages the Government rules and concur in the concurrent res- of Iran for nearly 3 months now. of Iran to allow the three American olution, S. Con. Res. 45. On July 31, 2009, Joshua Fattal, citizens detained in Iran to reunite The question was taken. Shane Bauer and Sarah Shourd were with their families as soon as possible. The SPEAKER pro tempore. In the taken into custody after purportedly Since July 2009—I think it was July opinion of the Chair, two-thirds being crossing into the Iranian territory 31—Joshua Fattal, Shane Bauer, and in the affirmative, the ayes have it. while hiking in Iraqi Kurdistan. It is a Sarah Shourd have been detained by Mr. CARNAHAN. Madam Speaker, on peaceful region of northern Iraq which the Government of Iran after inadvert- that I demand the yeas and nays.

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I would like to thank my friend, the gentleman from Texas (Mr. the path to both virtue and success is HONORING CONFUCIUS’ 2560TH AL GREEN) for introducing this resolu- led through the discipline of study. His BIRTHDAY tion. famous saying that ‘‘a journey of a Mr. CARNAHAN. Madam Speaker, I According to Chinese tradition, Con- thousand miles begins with a single move to suspend the rules and agree to fucius was born in 551 B.C. to a poor step’’ encouraged his disciples never to the resolution (H. Res. 784) honoring but noble family. He became a high- give up no matter what the hardships. the 2560th anniversary of the birth of level government minister but later re- Inspired by him, thousands of Chi- Confucius and recognizing his invalu- signed his position after becoming dis- nese, Taiwanese, Korean, Japanese, and able contributions to philosophy and illusioned with the misbehavior and Vietnamese scholars and scientists have made enormous contributions to social and political thought. corruption of the rulers in feudal the world’s pool of knowledge. Young The Clerk read the title of the resolu- China. American scholars, drawn from these tion. Confucius then embarked on a long Asian communities influenced by Con- The text of the resolution is as fol- journey throughout the small king- fucianism, have made impressive con- lows: doms that made up China with a de- tributions to the mosaic of American H. RES. 784 voted group of students, expounding his political philosophy. He would re- life in the fields of science, law, medi- Whereas September 28, 551 B.C., is recog- turn home to spend his last years cine, engineering, music, and art. nized as the date on which Confucius was So it is fitting today to pass this res- born in the town of Qufu, in what is now the teaching and compiling his wisdom into a set of texts that would become olution honoring the birthday of a man Shandong Province of China; who has been called ‘‘China’s greatest Whereas Confucius, who is one of the known as the ‘‘Confucian Classics.’’ greatest thinkers, teachers, and social phi- After his death, Confucius would teacher.’’ Madam Speaker, I reserve the bal- losophers in history, developed a philosophy serve as the ‘‘spiritual ancestor’’ of that has deeply influenced, and continues to ance of my time. later teachers, historians, philoso- Mr. CARNAHAN. Madam Speaker, I influence, the social and political thought of phers, and literary scholars whose lives countries around the world, including China, am pleased now to yield 5 minutes to Korea, Japan, Taiwan, and Vietnam; and works figure prominently in Chi- the sponsor of this bill, the gentleman nese intellectual history. Indeed, he Whereas Confucius counseled introspec- from Texas (Mr. AL GREEN). tion, self-cultivation, sincerity, and the ob- would become not only China’s pre- Mr. AL GREEN of Texas. Madam servance of respect within social relation- eminent philosopher but also Asia’s Speaker, I think it appropriate that ships as a means of achieving justice and at- most influential thinker as well. you be in the chair today because in taining morality in personal and public life, Confucius’ birth over 21⁄2 millennia Houston, Texas, in your district, I be- reflecting a moral fiber of the highest de- ago was not only celebrated in China lieve, we have a statue that has been gree; late last month but throughout Asia, Whereas the teaching of Confucius that erected in honor of Confucius. So I ‘‘what one does not wish for oneself, one including South Korea, Japan, and Tai- come here today and I thank you, ought not to do to anyone else; what one rec- wan. Madam Speaker, and I thank the lead- ognizes as desirable for oneself, one ought to He taught respect for one’s elders and ership for allowing this resolution to be willing to grant to others’’ is a model for for understanding one’s responsibility come to the floor. I thank the Honor- ethical behavior and for the promotion of to others within the existing social able HOWARD BERMAN, the chairperson harmony among us; structure. He believed that government of the Committee on Foreign Affairs, Whereas Confucius taught that an ideal officials should be chosen for their vir- for allowing the resolution to pass the government is founded upon loyalty, respect tue and ability, not for their birth. committee. I thank the Honorable for elders, and recognition of the importance Confucius believed that the purpose of family; and ILEANA ROS-LEHTINEN for allowing us Whereas Confucius taught that politicians of the government was the welfare of to work with her and to manage this must be models of truthfulness and morality, the people. And perhaps most impor- piece of legislation on the floor. I which serves as a reminder to all of our duty tantly, he taught that a ruler who was thank the Honorable RUSS CARNAHAN to serve with the utmost honor and respect: not righteous and humane would for- for acting as Democratic manager of Now, therefore, be it feit the ‘‘Mandate of Heaven’’ and, the amendment. Resolved, That the House of Representa- thus, lose the right to govern. This resolution honors the 2,560th an- tives honors the 2,560th anniversary of the Confucius’ teaching developed into a niversary of the birth of Confucius, rec- birth of Confucius and recognizes his invalu- system of philosophy known as Confu- able contributions to philosophy and social ognizing his contributions to philos- and political thought. cianism, which would have profound ophy and to social and political impact on the thought and life of East thought. This resolution is a reflection The SPEAKER pro tempore. Pursu- Asia. Some have compared his influ- of the diversity that we celebrate in ant to the rule, the gentleman from ence with that of Socrates in the West. the United States of America. Missouri (Mr. CARNAHAN) and the gen- I strongly support this resolution and We are 46.9 million Hispanic and tlewoman from Florida (Ms. ROS- urge my colleagues to do the same. Latinos, 37.6 million African Ameri- LEHTINEN) each will control 20 minutes. Madam Speaker, I reserve the bal- cans, 16 million foreign-born natural- The Chair recognizes the gentleman ance of my time. ized citizens, 14 million Asian and Pa- from Missouri. Ms. ROS-LEHTINEN. Madam Speak- cific Islanders. We speak 337 different GENERAL LEAVE er, I yield myself such time as I may languages. In my district, we have and Mr. CARNAHAN. Madam Speaker, I consume. we are African American, Latino, Viet- ask unanimous consent that all Mem- Madam Speaker, I rise in support of namese, Indian, Pakistani, Chinese, Ni- bers may have 5 legislative days to re- this resolution commemorating the gerian, Somali, Ethiopian, Eritrean, vise and extend their remarks and in- 2,560th anniversary of the birth of that Sudanese, Turkish, Ghanaian, and Tai- clude extraneous material on the reso- sage of Chinese culture, the philoso- wanese. And there are probably some lution under consideration. pher Confucius. that I have missed and I apologize to The SPEAKER pro tempore. Is there Confucius is not only revered in his any constituent that was not properly objection to the request of the gen- native China but also in Taiwan, mentioned. tleman from Missouri? Korea, Japan, and Vietnam. Confucius On September 26, in our district, as I There was no objection. is best remembered for his promotion indicated earlier, this year, a bronze Mr. CARNAHAN. Madam Speaker, I of social harmony and his emphasis on statue of Confucius was dedicated in rise in strong support of this resolu- the virtues of education. His teachings Hermann Park in Houston, Texas.

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I am honored to tell you that today quote that I believe is one of his great- CAPAC, Congressman GREEN is a committed on the suspension calendar we honored est when he articulated, To understand and conscientious advocate on behalf of Asian His All Holiness Bartholomew, Arch- nothing is to understand everything. American and Pacific Islander communities. I bishop of Constantinople, and I com- I am honored to present this resolu- commend his efforts to recognize Confucius’s mend my colleague for bringing this to tion today. I believe that the diversity great contributions to society, and I join him in the attention of the House. It is not un- that we celebrate in this country, the asking you to support House Resolution 784. usual for us to honor persons who are diversity that I have in my district Ms. ROS-LEHTINEN. Madam Speak- not Americans for their contributions which is 36 percent African American, er, I have no further requests for time, to America and to global society. We 31 percent Anglo, 21 percent Latino, and I yield back the balance of my have honored many persons, including and 12 percent Asian, in my district I time. Tony Blair, Prime Minister of the believe that my constituents are hon- Mr. CARNAHAN. Madam Speaker, I United Kingdom; Nicholas Sarkozy, ored to have persons of Asian ancestry yield back the balance of my time. President of France; Her Majesty who honor and celebrate Confucius. The SPEAKER pro tempore. The Queen Beatrix of the Netherlands; and But I think as a philosopher who has question is on the motion offered by we’ve also honored the Honorable transcended time, he is someone we the gentleman from Missouri (Mr. Desmond Tutu and Nelson Mandela, should recognize in the House of Rep- CARNAHAN) that the House suspend the both of South Africa. We have honored resentatives. rules and agree to the resolution, H. events. We have honored what is I beg that my colleagues would sup- Res. 784. known as the religious and historical port this resolution, comparable to The question was taken. event that is the Festival of Diwali, many others that we have had on the The SPEAKER pro tempore. In the which was presented to this House in floor of the House. opinion of the Chair, two-thirds being September of last year. And I am proud Mr. HONDA. Madam Speaker, I rise today in the affirmative, the ayes have it. to say today that we are going to honor to support House Resolution 784, honoring the Mr. CARNAHAN. Madam Speaker, on Confucius, an Asian teacher, scholar, 2560th anniversary of the Birth of Confucius that I demand the yeas and nays. and philosopher. and recognizing his invaluable contributions to The yeas and nays were ordered. Confucius was born in 551 B.C., was philosophy, and social and political thought. The SPEAKER pro tempore. Pursu- one of the great thinkers of his time This resolution is sponsored by my friend and ant to clause 8 of rule XX and the and of all time. He was a teacher of executive board member of the Congressional Chair’s prior announcement, further prosperity and a preacher of peace. He Asian Pacific American Caucus (CAPAC), proceedings on this motion will be developed Confucianism, a philosophy Congressman AL GREEN of Texas. postponed. that has deeply influenced the social Confucius was born on September 28, 551 and political thought of countries BC in the town of Qufu, in what is now the f around the world, including China, Shandong Province of China. Though he grew GENERAL LEAVE Korea, Japan, Taiwan, and Vietnam, to up in poverty, Confucius recognized the value Mr. CARNAHAN. Madam Speaker, I name a few. He emphasized that per- of education in creating an informed and sonal introspection, self-cultivation, ask unanimous consent that all Mem- knowledgeable society. He lived his life by this bers may have 5 legislative days in respect of social relationships, personal principle and traveled throughout China as a and governmental morality, justice which to revise and extend their re- teacher to counsel others in introspection, self- marks and include extraneous material and sincerity reflect a moral fiber of cultivation, sincerity, and the observance of re- the greatest and highest degree. on S. 832. spect within social relationships as a means of The SPEAKER pro tempore. Is there b 1715 achieving justice and attaining morality in the objection to the request of the gen- He preached that politicians must al- personal and public life. In a chaotic time of tleman from Missouri? ways represent truth and morality. He internal feuds and wars, Confucius established There was no objection. a peaceful intellectual and personal evolution taught the philosophy of reciprocity: f never impose upon others what you in the minds and hearts of the Chinese peo- would not choose for yourself. ple. He began a global effort to move society SPECIAL ORDERS He taught the ‘‘silver rule’’ which in an enlightened direction, and his teachings in the principles of self-transformation, hu- The SPEAKER pro tempore (Mr. complements the Golden Rule: do not MCMAHON). Under the Speaker’s an- do unto others as you would not have maneness, strength of mind, and an orderly society have contributed to our advancement. nounced policy of January 6, 2009, and do unto you. under a previous order of the House, He taught the importance of shame In addition to being known for his commitment to education and self-enlightenment, the following Members will be recog- in an orderly society by indicating, If nized for 5 minutes each. people be led by laws, and uniformity Confucius’s thought also included the principle sought to be given by punishments, that politicians must be models of truth and f morality. He believed that government must they will try to avoid punishment, but HALLOWEEN HEALTH CARE have no sense of shame. However, if adopt the practice of moral correctness and The SPEAKER pro tempore. Under a they be led by virtue, and uniformity is that politicians must rule with justice and sin- previous order of the House, the gen- sought to be given them by rules of cerity. These principles have helped build the tleman from Texas (Mr. POE) is recog- propriety, they will have a sense of foundation for political philosophy, and have nized for 5 minutes. shame, and moreover will become good. been a cornerstone for past and future leaders I would note that shame promotes in representing their constituents. Confucius’s Mr. POE of Texas. Mr. Speaker, this good to prevent punishment, whereas philosophical teachings have been studied by year at Halloween, the Feds will be punishment precedes bad, to promote scholars throughout the world, and his words going door to door playing trick or good. of wisdom have inspired many generations of treat on seniors by taking their Medi- He reminded all that, When you have dedicated followers. care coverage. When they knock, sen- faults, do not fear to abandon them. In Confucius is considered to be one of the iors should not answer the door. When different words what he said was, It is greatest philosophers, whose teachings and they peek through the peephole, the virtuous to know one’s faults and philosophy still influence millions of people bureaucrats will be dressed as snake oil change. He explained that self-respect around the world today. I am proud to be a salesmen because they are cutting begets self-respect when he made this cosponsor of House Resolution 784 to honor Medicare parts A, B, C and D. They are quote, Respect yourself and others will Confucius’s birth, life, and teachings. This res- going to try to sell seniors on the new respect you. olution recognizes the importance of bill which we call Medicare part E, but The SPEAKER pro tempore. The Confucius’s edicts in today’s society, and con- it doesn’t cover one senior citizen. Not time of the gentleman has expired. veys the House of Representatives’s deepest one. Just call it Halloween health care Mr. CARNAHAN. I yield the gen- respect to this important philosopher. because it is really scary. tleman an additional 1 minute. I would especially like to thank Congress- What is in this Halloween health care Mr. AL GREEN of Texas. He gave us man GREEN for making this resolution a pri- bill? Well, just look at the latest and with a great degree of simplicity a ority on the House floor. As a member of greatest Senate bill. You know, that is

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00041 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.076 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11834 CONGRESSIONAL RECORD — HOUSE October 27, 2009 the bill that is being drafted in the loween health care and it is coming to an even greater scale mistakes like dark corners and the dungeons of the your door. Trick or treat. those that Bruce Palmer and John Capitol where the light of transparency And that’s just the way it is. Kerry once rightly decried.’’ and truth never reaches. f Mr. Speaker, I read this for this rea- The nonpartisan Congressional Budg- The SPEAKER pro tempore. Under a son: I want to first say to the Presi- et Office says the Halloween health previous order of the House, the gen- dent, thank you for taking the time care will do the following things: It and thank you for being very careful in tleman from Maryland (Mr. CUMMINGS) will cut Medicare part A for hospitals is recognized for 5 minutes. making your decision as to what our by $128 billion. It will cut Medicare (Mr. CUMMINGS addressed the future plans are for Afghanistan. And, part B for doctor reimbursement $130 House. His remarks will appear here- Mr. Speaker, I wanted to read this be- billion. It will rob Medicare part C, after in the Extensions of Remarks.) cause Andrew Bacevich knows better Medicare Advantage, off $133 billion. than anyone. He fought in Vietnam for We are not through yet. And yes, Medi- f this country. He later became a pro- care part D for prescription drugs is MILITARY STRATEGY FOR fessor at West Point. And during the cut $20 billion. The total: $411 billion AFGHANISTAN Iraq war, he buried his son, a lieuten- cut for seniors and Medicare. That is ant, who was a graduate of West Point enough to scare everybody. The SPEAKER pro tempore. Under a who was killed for this country. So I This new Medicare part E takes a previous order of the House, the gen- think we need to be very careful as we half-trillion dollars out of Medicare, tleman from North Carolina (Mr. move forward, and I want to again say but it doesn’t cover the seniors. In this JONES) is recognized for 5 minutes. to the President, please take your new Medicare part E, the ‘‘E’’ stands Mr. JONES. Mr. Speaker, tonight I time, make the right decisions for this for everybody else, including those in want to read a few paragraphs from an country. the country illegally. article written by Andrew Bacevich. It I have the privilege of having Camp I know, they keep talking about and was in the American Conservative in Lejeune Marine Corps Base in my coun- saying that illegals will not be covered. May of this year, and the title is ‘‘To try. I have gotten to know a lot of ma- But when attempts were made to re- Die For a Mystique: The lessons our rines, both active duty and retired. I quire proof of citizenship to sign up for leaders did not learn from the Vietnam recently spoke to a general that I can- Halloween health care handouts, the War.’’ not name because I don’t have his per- amendments were voted down. The bill ‘‘In one of the most thoughtful Viet- mission, but if I did, he would be well also raises $424 billion in new taxes. nam-era accounts written by a senior known to the Marine Corps. Now why would they do that when military officer, General Bruce Palmer the country is in a recession? The once observed, ‘With respect to Viet- b 1730 country is broke. We don’t have the nam, our leaders should have known He said to me 3 weeks ago, Please tell money. Well, Halloween health care that the American people would not your colleagues on both sides of the will cost a trillion dollars, and they stand still for a protracted war of an aisle to move very carefully, to have a have to get the money from some- indeterminate nature with no foresee- full, understood plan and a defined plan where. We can’t afford another thou- able end to the U.S. commitment.’ as to what we’re supposed to accom- sand-page, trillion dollar bill. Our sen- ‘‘General Palmer thereby distilled plish in Afghanistan. Again, this gen- iors are going to pay for more than half into a single sentence the central les- eral fought in Vietnam for this coun- of the tab out of Medicare, and not one son of Vietnam: to embark upon an try. single senior will get more coverage open-ended war lacking clearly defined So with that, Mr. Speaker, I will out of this new health care bill. and achievable objectives was to forfeit close as I always do by asking God to Here is where it really gets dicey. public support, thereby courting dis- please bless our men and women in uni- The new Halloween health care pro- aster. The implications were clear: form. I ask God to please bless the fam- posal still rations health care services never again.’’ ilies of our men and women in uniform. based on age. If you need a pacemaker, I further read from the article, ‘‘To I ask God, in His loving arms, to hold the snake oil salesmen are going to Die For a Mystique.’’ the families who have given a child look at your age, the cost in what they ‘‘To cite General Palmer’s formula- dying for freedom in Afghanistan and call survivability rates. If the bureau- tion, the citizens of this country at Iraq. I will ask God to bless the House crats think your health care needs are present do appear willing to ‘stand and Senate, that we will do what is just too expensive, they will hand out still’ when considering the prospect of right. I will ask God to give wisdom, pain pills instead of approving that war that goes on and on. While there strength and courage to the President new pacemaker. That is what they al- are many explanations for why Ameri- of the United States, that he will do ready do in other countries where the cans have disengaged from the Long what is right in the eyes of God. And government runs the health care sys- War, the most important, in my view, three times I will ask, God please, God tem. In England it is called, and get is that so few of us have any immediate please, God please continue to bless this, the Quality Adjusted Life Years, personal stake in that conflict.’’ America. and they have the power to make these Again, that was from the book writ- life-and-death decisions on seniors. ten by General Bruce Palmer. f When the Federal Government is in Mr. Speaker, I further read from this The SPEAKER pro tempore. Under a charge of health care, they are the only article. This is the close. ‘‘The Presi- previous order of the House, the gen- game in town and this so-called public dent who vows to ‘change the way tleman from California (Mr. GEORGE option will be costly. You think health Washington works’ has not yet exhib- MILLER) is recognized for 5 minutes. care is expensive now, just wait until it ited the imagination needed to con- (Mr. GEORGE MILLER of California is free. ceive of an alternative to the project addressed the House. His remarks will There are commonsense health care that his predecessor began. appear hereafter in the Extensions of reforms we can all agree on. We don’t ‘‘The urgent need is to demystify Remarks.) have to have the government take over that project, which was from the out- f the whole system to fix what is specifi- set a misguided one. Just as in the cally wrong with the system. That is 1960s we possessed neither the wisdom RYAN WHITE ACT like pulling all of your teeth when you nor the means needed to determine the The SPEAKER pro tempore. Under a have a toothache. fate of Southeast Asia, so today we previous order of the House, the gentle- Halloween health care will be an- possess neither the wisdom nor the woman from Florida (Ms. ROS- other thousand page, trillion-dollar means necessary to determine the fate LEHTINEN) is recognized for 5 minutes. bill. It will raise Medicare and other of the Greater Middle East. To persist Ms. ROS-LEHTINEN. Mr. Speaker, I premiums, raise taxes, and slash Medi- in efforts to do so—as the Obama ad- am so proud to represent one of the care coverage for seniors. This is not ministration appears intent on doing in most beautiful, most diverse regions in reform, that’s abuse. But that is Hal- Afghanistan—will simply replicate on our country, south Florida. Sadly,

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00042 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.078 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11835 though, our local paradise, well known White program. I know that through team finished with a perfect record, for its sunny weather, its world-class the extension of Ryan White, we can— winning all 28 games. beaches, its artistic style, also is one of indeed, we will—save and improve the The success of Hanover Public the areas hardest hit by the HIV/AIDS lives of countless individuals in my Schools serves as a model for other epidemic. We are continually con- congressional district and throughout schools in our State and across the fronted with the challenge of providing our great country of the United States country. That success could not be pos- adequate and timely treatment to of America. sible without the strong support of the those impacted by this terrible disease. f Hanover community. Small-town val- The number of people suffering from The SPEAKER pro tempore. Under a ues and small community ties have HIV/AIDS in south Florida has in- previous order of the House, the gentle- produced generations of successful creased immensely over the past few graduates. woman from California (Ms. WOOLSEY) years. We have over 32,000 people cur- I commend the Hanover Public is recognized for 5 minutes. rently diagnosed in my home county of Schools for their success and for (Ms. WOOLSEY addressed the House. Miami-Dade, and it ranks second achieving their mission, to create a Her remarks will appear hereafter in among large metropolitan areas for learning environment dedicated to de- the Extensions of Remarks.) people living with AIDS. On top of this, veloping lifelong learners and respon- Florida ranks third in the Nation on f sible citizens. the number of AIDS cases. These indi- RECOGNIZING HANOVER PUBLIC My congratulations to the students, viduals need our assistance in fighting SCHOOLS staff, faculty, the Board of Education, this terrible disease. and the community. I am honored There are wonderful programs de- The SPEAKER pro tempore. Under a today to recognize this outstanding signed to mitigate the terrible con- previous order of the House, the gen- school in the State of Kansas. sequences of HIV/AIDS. One of the tleman from Kansas (Mr. MORAN) is recognized for 5 minutes. f most innovative, one of the most effec- The SPEAKER pro tempore. Under a tive is the Ryan White HIV/AIDS Mr. MORAN of Kansas. Mr. Speaker, our country faces many serious chal- previous order of the House, the gen- Treatment Program. This program tleman from Oregon (Mr. DEFAZIO) is funds HIV/AIDS treatment for low-in- lenges, but it’s sometimes useful to know that good things are still hap- recognized for 5 minutes. come, uninsured, and underinsured peo- (Mr. DEFAZIO addressed the House. ple. Ryan White provides funding to pening out there in the real world, out there across our country, and mostly His remarks will appear hereafter in cities, to States, as well as directly to the Extensions of Remarks.) select clinics and care providers for away from Washington, D.C. So Mr. f core medical and support services. Speaker, I recognize tonight the Han- In 2009, my home State of Florida re- over Public Schools for their commit- The SPEAKER pro tempore. Under a ceived over $209 million in funding ment to providing quality education. previous order of the House, the gen- through Ryan White to assist countless Located in the community of Han- tleman from Indiana (Mr. BURTON) is low-income Americans living with HIV/ over in northern Kansas, the school recognized for 5 minutes. (Mr. BURTON of Indiana addressed AIDS. This life-saving program was set serves about 175 students from the sur- the House. His remarks will appear to expire this month. Thankfully, Mr. rounding rural area. Though Hanover hereafter in the Extensions of Re- Speaker, this amazing program was Public Schools are small by most marks.) granted a 3-year extension through the standards, their accomplishments are Ryan White HIV/AIDS Treatment Ex- great. The students, teachers, and ad- f tension Act, and I thank my colleagues ministrators at Hanover Public The SPEAKER pro tempore. Under a for this. Schools are dedicated to excellence in previous order of the House, the gentle- With strong bipartisan support, this education. This excellence is evident woman from Ohio (Ms. KAPTUR) is rec- bill was overwhelmingly approved. I by the recognitions that they have re- ognized for 5 minutes. voted for and the House passed this leg- ceived. (Ms. KAPTUR addressed the House. islation, and we should all be proud of For the past 3 consecutive years, Her remarks will appear hereafter in that. Passage assures the continuity of Hanover High School has received the the Extensions of Remarks.) this vital program. It will allow us to Kansas Governor’s Achievement f help States, communities, and families Award. This award is given to the top The SPEAKER pro tempore. Under a cope with the impact of the HIV/AIDS 5 percent of schools in Kansas that previous order of the House, the gen- epidemic while creating a support sys- meet the highest standards on Kansas tleman from Texas (Mr. GOHMERT) is tem for those dealing with the disease. assessments. Only five other schools in recognized for 5 minutes. I am constantly working to improve our State have received this award 3 (Mr. GOHMERT addressed the House. the quality and the availability of care years in a row. His remarks will appear hereafter in for persons with HIV/AIDS and their Not only has Hanover High School the Extensions of Remarks.) been recognized as one of the best families and their support system. It is f schools in the State of Kansas, it has my mission to promote awareness and The SPEAKER pro tempore. Under a also been honored nationally. For the education so that each day we can help previous order of the House, the gen- second year in a row, Hanover High assure that fewer people will be af- tleman from Florida (Mr. GRAYSON) is School has been cited by U.S. News and flicted with this disease. recognized for 5 minutes. World Report as one of the top schools I have seen firsthand the impact this (Mr. GRAYSON addressed the House. in the country. disease has had on so many individual His remarks will appear hereafter in Having a well-rounded education lives and families in my community, the Extensions of Remarks.) and I know that extending this impor- means more than what can just be tant program is not just a priority, but learned in the classroom. Students at f a necessity. Hanover Public Schools have also ex- The SPEAKER pro tempore. Under a The Ryan White program is the larg- celled in extracurricular activities. previous order of the House, the gen- est federally funded program in the During the 2008–2009 school year, Han- tleman from North Carolina (Mr. United States for people living with over High School became State cham- MCHENRY) is recognized for 5 minutes. HIV/AIDS. It has been the largest sup- pions not in one, but in two sporting (Mr. MCHENRY addressed the House. plier of services for those living with events. Last November, the Hanover His remarks will appear hereafter in HIV/AIDS in the United States as well. High School football team took first the Extensions of Remarks.) As a payer of last resort, the Ryan place at State in the eight-man divi- f White Act offers a method of payment sion. And after placing second at last The SPEAKER pro tempore. Under a for treatment unlike Medicare or Med- year’s State tournament, this year’s previous order of the House, the gentle- icaid. In the United States, over 500,000 Hanover High School basketball team woman from North Carolina (Ms. FOXX) people a year benefit from the Ryan placed first in the 1A division. The is recognized for 5 minutes.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00043 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.083 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11836 CONGRESSIONAL RECORD — HOUSE October 27, 2009 (Ms. FOXX addressed the House. Her When we adjourned for the August b 1745 remarks will appear hereafter in the recess, the District Work Period that’s We keep our licenses active, I think Extensions of Remarks.) traditional in this Congress, all Mem- most of us do, and we keep up with f bers go back home, they may squeeze medical issues, realizing, of course, The SPEAKER pro tempore. Under a in a little family vacation, but you’ve that Congress is not necessarily for- previous order of the House, the gen- got about a month, August, it has been ever, particularly young ones who may tleman from Minnesota (Mr. PAULSEN) traditional probably for 100 years that want to go back and go back into the is recognized for 5 minutes. Congress has done that. And we got an practice of medicine. Those doctors (Mr. PAULSEN addressed the House. earful, did we not, Mr. Speaker, during will be with me tonight. His remarks will appear hereafter in those 4 to 5 weeks of these town hall When I totaled up, I asked my col- the Extensions of Remarks.) meetings that Members had all across leagues, well, how long did you prac- f the country? And by a factor of 10, the tice? Some of them are OB/GYN doc- The SPEAKER pro tempore. Under a attendance had increased that much. tors, some of them are orthopedic surgeons. There is a gastroenterologist. previous order of the House, the gen- On a typical town hall meeting in my There is a family practice, a couple of tleman from Nebraska (Mr. 11th District of Georgia in the nine doctors do family practice, just all FORTENBERRY) is recognized for 5 min- counties I represent—and we would al- across the spectrum. In the aggregate, utes. ways try to have our town hall meet- (Mr. FORTENBERRY addressed the we probably have about 400 years of ings at a time that was most conven- House. His remarks will appear here- clinical experience. That says some- ient to our constituents, that would be after in the Extensions of Remarks.) thing about our age, Mr. Speaker. easy for them to get to, maybe at a f But as an example, I spent 31 years, senior center, and try not to schedule from the day I graduated from medical HEALTH CARE REFORM it during suppertime or during prime school, practicing medicine either as a The SPEAKER pro tempore. Under time TV evenings—you might get 50 family doctor in a small town or while the Speaker’s announced policy of Jan- people on a good night, maybe 75 peo- I was in training during my internship uary 6, 2009, the gentleman from Geor- ple when they were really ginned up and my residency and then 26 years of gia (Mr. GINGREY) is recognized for 60 about something. being a part of an OB/GYN group and minutes as the designee of the minor- Well, in my case, in the 11th of Geor- delivering over 5,000 babies in my ity leader. gia, we were getting 750 people, 1,100, hometown, which became my adopted Mr. GINGREY of Georgia. Mr. Speak- 1,500—in one instance 2,000 in some of hometown. My hometown is Augusta, er, I thank you, and I thank my leader- the town hall meetings we had. And we Georgia, but Marietta, Georgia, in ship on the Republican side for allow- were seeing the same thing all across Cobb County is where I now live and ing me to control the time during this the country, whether they were Repub- practiced for 26 years. Special Order hour this evening. And lican districts or Democratic districts. Mr. Speaker, we feel we have a lot to surprise, surprise, we’re going to be Mr. Speaker, what these constituents bring to the table. It’s so disappointing talking about health care reform. were saying—many of them, of course, we get to do these things at night—as Mr. Speaker and my colleagues, we were seniors—they’re most concerned I say, my colleagues will join me and I all know that this is something that about the economy, of course, because will yield to them when they arrive— has been on the front burner for the en- because this is our only opportunity. they’re on a fixed income. My mom is tire 7, 8, 9 months of this 111th Con- It’s a shame we are in the minority. one of those. God bless my mom, Helen gress. It has certainly been a priority God forbid that it happens to the other Gannon Gingrey, originally from Man- of the President; the President has said side one of these days, and they will hattan, New York City, but lived in the so on many occasions. In fact, Presi- understand the feeling, but when you South most of her life. She is 91 years dent Obama indicated that reforming have got that knowledge of a par- old now on a fixed income, relies on So- our health care system is the number ticular profession, you would think, cial Security and Medicare and Medi- one priority of his administration. wouldn’t you, that the Speaker of the care part B and part D. She’s a little First and foremost, it is the thing that House, the leadership, the minority disappointed she’s not going to get a he is willing to spend political capital, side, both Chambers, they would open COLA this year. But these folks whatever it takes, to have comprehen- their arms and say, for goodness sakes, showed up at these town hall meetings sive health care reform and to have it come on in here. Come on here behind telling us, We don’t want to pay for before the end of this first year of his this green door where we are trying to some new government-run health care first term. work out how we are going to do this system from A to Z that’s going to be I certainly can see that the Presi- health reform bill and tell us a little paid for on our backs. And what they’re dent, Mr. Speaker, has followed bit how it was when you were seeing referring to, of course, is mostly the through on that pledge. I personally patients and practicing and what were cuts, the deep cuts that the bills in the feel that he has made a mistake on the things that would upset people House and the Senate propose to take that. I don’t think that the American about insurance, health insurance com- out of the hide of the Medicare pro- people believe that fixing our health panies and denial of coverage or not gram. care system to the extent that we lit- being able to get insurance because of erally would throw out everything that I’m going to be joined, Mr. Speaker, preexisting conditions. Also, Doctor, we’ve got and let the Federal Govern- by a number of my Republican col- what do you think is causing the 10 ment essentially take over lock, stock leagues. In fact, tonight the partici- percent, 12 percent rate of inflation in and barrel our health care system— pants in our hour are going to be for the cost of health insurance premiums which accounts for something like 16 the most part the doctors on the Re- year after year after year? Why is percent of our total economy—at a publican side. We have a caucus, a that? time when our economy is literally, group that we call the GOP Doctors Could it be this? I have heard some figuratively in the tank. We’re sitting Caucus; there are about 15 of us in that people say that maybe it’s a medical here with a 10.5 percent unemployment group. We have a number of M.D. phy- malpractice issue and doctors ordering rate across the country and 15 million sicians. We have a doctor of psy- a lot of defensive unnecessary tests be- people out of work. It has even affected chology, we have a doctor of optom- cause they are afraid that if they are my own family very, very personally, etry, we have a couple of dental doc- dragged into a court of law someone one of my four children. They say, Mr. tors, and people that have spent before would say, well, you know, we have Speaker, that when your neighbors lose coming to Congress—and some of us got, plaintiff’s attorney, I have got this their job it’s a recession, but when you now have been here 8, 10, 15 years even, expert witness here from California. lose your job all of a sudden it’s a de- but before coming here our day job, if They will say, well, looking at the pression. I know that feeling right now, you will, our profession was delivering chart, I see where, Doc, you didn’t and a lot of people across this country health care. We were health care pro- order a fizzle phosphate level on this know that feeling. viders. patient or some other esoteric test

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00044 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.092 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11837 that nobody has ever heard of and say, have to be in a 1,500-page bill. In fact, And then the other big issue over the ah, you know, you are guilty of mal- the things we have talked about, like next few days will be this issue of why practice. Doctors order everything, al- access for everyone, allowing people to seniors and people who have been told most to the point of the patient com- stay on their parents’ plan until they their entire working career since 1965, ing to the hospital, have blood drawn were older, then they have to leave the and anybody who started work after one day and becomes anemic the next plan today, medical liability reform, 1965 has had Medicare, a Medicare de- morning for all the testing that’s done. more competition in the system, asso- duction from their paycheck every sin- Again, I bring up this point, Mr. ciated health plans, all of those things gle paycheck, now to be told we are Speaker, because we should be partici- could happen individually. going to cut Medicare benefits for half pating. We should be doing it on a bi- It would be great if all 11 bills that I a trillion dollars to pay for this new partisan basis. If we would, if we had personally cosponsored would pass and government plan, if seniors figure this done it—and it’s still not too late, my none of them conflict with the others. out in the next 10 days, this will not colleagues. It is still not too late. It’s We think that’s the way to move for- happen. If seniors understand how this not soup yet. We have yet to vote on ward. bill would theoretically be paid, this these bills that have come through But our doctors are consistently our would not happen. committee on the House side or come best leaders on this issue, because they Whether it’s the elimination, as is through the committees on the Senate know all the problems that come up in proposed, of Medicare Advantage for a side. They haven’t reached the floor of health care, all the challenges that whole lot of seniors, one out of four, or either Chamber. So there is plenty of come up in health care, the importance whether it’s finding $300 billion in cuts time to amend, to start over. We don’t of the doctor-patient relationship and in Medicare to pay a majority of the need to rush it any more than we need how important it is that you don’t costs, that $500 billion in Medicare Ad- to rush the decision to send the troops have someone come between the doctor vantage and cuts in Medicare to pay a to Afghanistan. and the patient. majority of the cost, now everybody The President, Mr. Speaker, made it I know, Mr. Speaker, that I and oth- who will walk on this floor is surely for very clear, as did his advisers and this ers have been criticized for saying that finding any legitimate savings in Medi- administration, well, you know, you in the Canadian system, if you want to care, but, my friends, if we are going to can’t, you shouldn’t knee-jerk now. I have a procedure done, you have to get find savings in Medicare, we should use know what the General said. I know he permission from the government. Often them to save Medicare. said what his needs are, but we need to that has been interpreted to mean that Everybody else that walks onto this think about this. We need to get it we are saying you couldn’t possibly floor knows that Medicare is sup- right. It’s better to get it right than to have that procedure done. What we are posedly in significant trouble begin- do it quickly. saying is not that. What we are saying ning as early as 2017. Why do you take Well, I sure wish they would take the is that somebody besides your doctor savings from a program already in big same attitude toward reforming one- decides whether you get that procedure trouble and say we will use these sav- sixth of our economy, and I think that done or not. ings to pay for some new program? It we could do that. There is no rush. A well-read Wall Street Journal arti- won’t make sense to seniors or any- I will tell you where there is a rush cle back in the spring talked about the body who really, frankly, doesn’t like though, Mr. Speaker. There is a rush in 57-year-old Canadian that even wanted the idea that they have paid into this putting people back to work and stem- to pay for his own hip replacement pro- program out of every single paycheck ming this tide of unemployment and cedure and wasn’t allowed to do it. It they have ever had, and the Congress all these jobs just disappearing and doesn’t mean that you couldn’t get a and United States is not going to allow now 15 million people in this country hip replacement. It just means he that program to be solvent in order to out of work. That should be the Presi- couldn’t get one. It just means some start down another road of more health dent’s number one priority. bureaucrat decided he couldn’t get one. care. But, anyway, we are going to talk We are going to be talking in the Mr. GINGREY of Georgia. I appre- about these issues tonight, and there next few days, because of the apparent ciate the gentleman’s comments. are a lot of thoughts that my col- nature of the closed door, behind closed I am sure the gentleman would agree leagues have, as I see them begin to doors negotiation, we are going to be with me that it’s really disingenuous join me. I am going to try to go in talking again about this government- to take $500 billion out of the Medicare order of those that walked on the floor. run health care plan. The government program over the next 10 years and The first person that I am going to option would be government-run health then, at the same time, tell seniors call on is our former majority whip, care as a competitor. My belief, sin- that, oh, by the way, next year you are minority whip, someone who has been cerely, is that the government would going to get to pay $110 a month for a part of the leadership with distinc- not compete fairly. It would drive the your Medicare part B—I think it’s $98 a tion on the Republican side of the other competitors eventually out of month, $98.50 now—and we are going to aisle, and I am speaking of the gen- business. Now, this new wrinkle, Doc- raise it to $110 a month at the same tleman from Missouri, ROY BLUNT. tors, to the government-run option is, time that we are going to cut $500 bil- I yield to Mr. BLUNT. well, the States could opt out. lion out of the program. Mr. BLUNT. I thank my good friend Now, I was never in the State legisla- Mr. BLUNT. That’s exactly right, from Georgia for yielding and appre- ture, but I worked in a capitol building you know, one out of every four seniors ciate the doctors letting me join them that had lots of legislators in it. Many on Medicare Advantage, that would go here for a few minutes. of my colleagues were in the legisla- away under any proposal out there Most of our doctors in the House, Re- ture, and they know and I know, and right now. The administration appar- publican doctors in the House have the majority knows, that if the govern- ently told the providers of those Medi- been on the Health Care Solutions ment-run option is cheaper—and it will care Advantage plans that they Group that we worked hard on all year be because they, like Medicare and couldn’t tell people that there was leg- to have alternatives, alternatives to Medicaid, don’t have to pay the whole islation that would eliminate the plan. government-run health care, alter- bill—if it’s cheaper, no legislature is Now, after a lot of appropriate out- natives to create access to health in- going to opt out and say people in this rage about that administration deci- surance, health coverage for people, State are going to become the example sion, that gag order to these plans, ap- even people with preexisting condi- of standing against government-run parently now they are going to say, tions. health care. We are not going to have okay, you can tell them the truth. When I joined the doctors on the in this State that cheaper competitor What a step forward that is. You can floor one day last week, there were 15 until the other competitors go away. tell people in Medicare the truth about bills stacked up in notebooks behind, That’s just not going to happen. This this. If people in Medicare find out the on the dais, Mr. Speaker, that talked idea that somehow this is any kind of truth about that, and they figure out about the 15 things that Republicans a compromise doesn’t stand any scru- the truth about the other way to pay would like to do. We don’t think they tiny. for this new government program and

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00045 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.096 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11838 CONGRESSIONAL RECORD — HOUSE October 27, 2009 they start calling Members of the Con- gnashing of teeth and wringing of the benefit that is offered. You cannot gress of the United States, this will not hands and pulling of hair over the last opt out of the high cost that goes into go forward and we will be back to several months, Mr. Speaker, trying to providing this marginal benefit. where my friend from Georgia said we say how are we going to pay for this I am also struck that there is this should be, where we start over. We thing? It is going to cost a minimum of tax that they are creating for the work together. We do the things that $1 trillion. And then President Obama American people, and on some similar will fix what’s broken in the system, said, No, we are going to limit the ex- criticism, it is truly bipartisan. The but we also ensure that we keep what’s penditure to $900 billion, but we are bill before the Senate Finance Com- working. More is working in health going to pay for it all. I won’t sign a mittee that Mr. REID says that we can care than is broken. bill that adds one dime to the deficit. opt out of is funded by about $350 bil- If we are not careful about this, we So, you figure out, well, we are going lion in taxes. If I may quote Speaker will eliminate what’s really working to tax here, we are going to tax there. PELOSI, she says that these savings, and will actually encourage the things We are going to take $500 billion out of these taxes, if you will, come off the that are broken. None of us here on the Medicare, as the gentleman from Mis- backs of the middle class. floor at this minute want to do that, souri just talked about, Medicare Ad- So I think we have a bipartisan criti- and hopefully none of our colleagues vantage. We are going to gut that pro- cism of the bill that is before the Sen- will either, and we can all work to- gram. And, hey, we have come up with ate right now. I think we would agree gether in new ways. $900 billion and we are going to do this on the Republican side with Speaker Again, I thank the doctors for the in- government-run health care. What in PELOSI that the ‘‘savings’’ in those credible credibility and knowledge base the world, Mr. Speaker, have we ac- bills, that $350 billion, comes off the that they bring to this discussion. I complished? backs of the middle class. Indeed ac- know they are going to continue to be I want to use this analogy. It would cording to the Joint Committee on at the forefront of this debate between be like a family 25 or 30 years ago Taxation, families earning less than now and the end of the year, and, if scrimping and saving and cutting down $200,000 pay 87 percent of these taxes. possible, if it takes until next year. on food and clothing and family vaca- This is remarkable. During the presi- This is one-sixth of the economy. This tion and college education for the chil- dential campaign it was stated that if is the most important thing to every dren to save up enough money, and you you earn less than $250,000, your taxes family, people in your family being finally save up enough money and you will not go up. Yet, now, through these well. We ought to take the time that it buy an Edsel. various accounting gimmicks, we are needs to do this right. My colleagues, I hope you all remem- seeing indeed 87 percent of these new Mr. GINGREY of Georgia. I want to ber the Edsel. I am not knocking Ford taxes will come off of those who earn thank the gentleman from Missouri Motor Company, but I think most of less than $200,000. and thank the gentleman for his work you are old enough to remember the There are other gimmicks in this as in leading Leader BOEHNER’S task force Edsel. You saved up enough money, well. It is pushing the cost of an expan- on health care reform on the Repub- yes, you have sacrificed, and you sion of Medicaid. And for those watch- lican side. bought an Edsel. ing who don’t worry about—I used to My doctor colleagues that are with That is what it seems to me, Mr. work in a hospital for the uninsured. me tonight were a part of that small Speaker, what the Speaker, Speaker For 20 years I have spent my life trying group of about 15. We worked on com- PELOSI, and the leader, Leader REID to bring health care to the people who ing up with meaningful reform issues and the President and his advisers, don’t have insurance. Medicaid is the in an incremental way over the last many of them holdovers from the Clin- safety net insurance program that is several months. I think we had a good ton administration, that is what they partly funded by the Federal Govern- plan that we submitted to the Presi- are wanting us to do. They want us to ment and partly by the State govern- dent, Mr. Speaker, and we are still buy an Edsel. I don’t care whether it is ment. waiting to hear back from him on that, paid for or not, it is a bad deal. Now, in this plan before both the unfortunately. With that, I yield to my friend from House and the Senate, both plans, they Before I yield to my good friend from Louisiana, Dr. BILL CASSIDY. are going to expand Medicaid. In the Louisiana, in fact, my two good friends Mr. CASSIDY. Thank you, Dr. Senate plan, they are going to make from Louisiana—I am going to start GINGREY. the State taxpayers pay for this expan- with Dr. CASSIDY, the gastro- I think Congressman BLUNT made sion. That is really great. It looks like enterologist from Baton Rouge—I just some great points. One of them is we we are saving money on the Federal want to say one thing. I have got this want reform, but we want reform that level, but all we are doing is shoving one poster. Dr. MURPHY may have some works. Actually, I want to compliment that cost upon a taxpayer, it is just other posters when he arrives, but we President Obama, because of the three through the State income tax or prop- have a second opinion. things we want in reform, one is to erty tax or sales tax, not through the control costs so we can increase access Federal tax. b 1800 to quality care. I think he has nailed That is a gimmick. If you want to The GOP Doctors Caucus is the sec- it. My concern is the approach to say it is the taxpayer paying for it, ab- ond opinion. The Republican minority, achieving these will not work. solutely she is paying for it. And so 178 of us, Mr. Speaker, we have a sec- I am also concerned that the Demo- this expansion, this increased cost is ond opinion, and that second opinion cratic proposals before us attempt to going to lead to increased taxes, but it is, no government-run health care. achieve that through gimmickry. They will be through the State tax code, not We listened to our constituents dur- are using gimmicks to try and con- the Federal. There is the sleight of ing the August recess, and that is what vince the American people that they hand that is being passed off as fiscal they told us loud and clear. Somebody are achieving the appropriate goal that responsibility. might dig up some ABC-Washington President Obama has laid out, that it Now, on the other hand, we agree on Post poll that says people want govern- will not add to our deficit. the goals. We want to have quality ment-run health care. I would suggest, I was struck today that on the Sen- health care, accessible to all at an af- Mr. Speaker, to all of the Members on ate side they are saying that States fordable price. But we can see that this both sides of the aisle, go back and can opt out of the public option. I am kind of bargain being offered by the check with your constituents, like I wondering, can you opt out of the taxes Democratic proposals is really not con- did last night during a tele-town hall that will go into offsetting it? Can you trolling costs at all. It is merely shift- meeting, when all of the seniors were opt out of the debt that the Congres- ing it onto State taxpayers or it is on the phone and said, Goodness gra- sional Budget Office says will accumu- using taxes upon the middle class to cious, Congressman, we don’t need late? Can you opt out of losing the jobs fund. that. that the increased taxes and the in- I like to say they are using new tax I will make this point, and then yield creased national debt will inevitably dollars in the old wineskin of an old to Dr. CASSIDY. There has been so much lead to? No. All you can opt out of is health care delivery system. Just as we

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00046 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.097 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11839 know that new wine in old wineskins care is scheduled to run out of money only way this bill will ever be paid for, will not work, so we know that these by 2017. is gimmicks, which really means it is new taxes, these savings off the back of Now, how long is 2017? This is 2009. going to be taxpayers and premium the middle class, as Speaker PELOSI That is about 8 years that we are going holders. says, will not work in the old wineskin to run completely out of money. No- Then to go back and kind of summa- of an old delivery system. body in Washington is advancing any rize, my point here is that, as Dr. Republicans, on the other hand, I solutions to that. CASSIDY points out, the only way that think we truly want a transformation All right, where did the gimmickry this is going to be an efficient health of how health care is delivered. The Re- begin? Remember that in the time pe- care system in terms of cost is the de- publican proposal I have signed on to, riod from about 1997 to 2003, Congress cisionmaking has to be in the exam and I think several of my colleagues decided in its infinite wisdom that room between the doctor and the pa- have, H.R. 3400, is wonderful in the Medicare will be subject to a limita- tient, and one of the best methods to sense that it empowers patients to tion on the budgetary increases from do that was a plan started in 2003 or so, make cost-conscious decisions. year-to-year. We call that the sus- Health Savings Accounts. If I might yield to my friend from tained growth rate, SGR for a lot of b 1815 Shreveport, he has got this great anec- people. But because it was recognized All this does is allow the employer— dote of how Health Savings Accounts even in the first year that such cuts and government could do this, too, for in his business worked not only to hold would block access to health care by Medicare and Medicaid—to put money down costs, but how by empowering his patients, it has never been enforced. So in the bank that can be used at the dis- employees, also improved our health, if it has been a bookkeeping gimmickry cretion of the patient to buy medica- I may yield. that now has created an incremental tions or whatever, and it’s his money Mr. GINGREY of Georgia. Dr. difference of about $250 billion, and or her money to use efficiently. CASSIDY, if you will yield back to me growing. And even the other day the Just an example of how it works, we and I will yield to our good friend from Senate attempted to resolve this. implemented this with my own private Shreveport. That, of course, is our fam- Mr. GINGREY of Georgia. If the gen- health plan with my companies a few ily practice doc who spent many years, tleman will yield for one second, Mr. years ago, and instead of our rates and he will tell us about that, seeing Speaker, for clarification, that limita- going up an average of 15 percent per lots of patients in south Louisiana, Dr. tion based on that formula, Dr. FLEM- year, they’re going up an average of 3 JOHN FLEMING. ING, applies to the doctors, doesn’t it, percent per year. I was giving this dis- I do yield to Dr. FLEMING at this all the health care providers? This is cussion to my employees one day, and time. not applicable to the hospitals. They one of my employees piped up and said, Mr. FLEMING. I thank the gen- are reimbursed under a different sys- Well, look, if we go to this health sav- tleman. And thank you, Dr. GINGREY, tem. ings account idea, that’s going to mean for having this hour. You have shown Mr. FLEMING. That is correct. It is that I’m going to have to pay out of my tremendous leadership over the last just physicians only. It is actually part health savings account $100, $150 a few months and even before that, of B, which is mainly physicians. It sim- month for inhalers. course, but particularly the last few ply says if you guys can’t keep your I said, Well, let me suggest to you months in being willing to control time billing and your costs and everything this: Why don’t you stop smoking? You for us to have these discussions. Of down in totality, we will just cut will save money from the tobacco. You course, Dr. CASSIDY, my colleague from across-the-board. Well, that is an im- will be able to stop your inhalers, and Louisiana, has been deeply involved in practical solution. It is gimmickry. It then you’ll just be banking all this this issue, and we have all worked to- would never work. Now we have a $250 extra money, which will end up remov- gether, I think, as a great team, the billion gap that is not being paid for. ing any deductible you’re going to have GOP Doctors Caucus. The Senate the other day tried to ad- in the future. She came back to me 3 I will get to that anecdote in just a dress that and failed to, because they months later and said, I stopped smok- moment. I think it is an important knew it would be dumped on to the ing. I no longer have to use inhalers, one. But let me stay with the subject budget. and I’ve got extra money every week. just for a moment about the gim- Let’s advance, fast forward to this I wanted to pull together some of mickry, because I think that is essen- bill today. Right now this plan for ap- these salient points that have to go tial to our discussion. I will develop it proximately $500 billion that will be with the gimmickry and how we’re very carefully, but quickly, and also cut from Medicare, $160 billion or so of going in the wrong direction. Expand- point out that this is an important that would be a direct cut out of Medi- ing government control is going to ex- part of the macroeconomics of health care Advantage, which, as you know, is pand cost. Instead, we should be look- care that everyone must understand, the more generous private system that ing inwardly and bringing it down to and that is this: Currently Medicare is funded by Medicare dollars. If that the doctor-patient level where the deci- and Medicaid, which are the current happens, then those who are on Medi- sions can really be made efficiently. government-run health care systems, care Advantage, such as Humana Gold, With that, I will yield back. do not pay for the service that they are will have to go back into the regular Mr. GINGREY of Georgia. Dr. Flem- providing. Medicare system and they will have to ing, thank you for those comments. Be- Let me repeat that: These programs, purchase Medigap insurance that they fore I yield one more time to Dr. Medicare and Medicaid, do not pay, at didn’t have to purchase before. Again, CASSIDY, just following through on this least completely, for all of the services seniors taking on the added burden. point that you are making, you may that are provided, because the govern- On top of that is another $300 billion have mentioned one of the companies, ment requires and forces doctors, if to $350 billion coming directly out of Safeway and others who have testified you will, hospitals and other organiza- Medicare on the basis of some future up here—I don’t know if they have been tions, to provide care for less than the savings, some future efficiencies that before the entire House or Senate, but 100 percent reimbursement. Physicians, no one has been able to figure out. certainly they have met with Members nurses, hospitals, home health agencies So where are we today, Mr. Speaker? on our side of the aisle and explained and so forth actually have to settle for Basically $250 billion of doctor cuts, some of the things that they’re doing less. which have never been cut and will in regard to incentivize people to take So, how is it that we can stay in busi- never be cut and are growing, that is care of themselves, to take better care ness, we in the health care industry, going to end up in the budget at some of themselves, to realize there is a per- and get by on less? The answer is that point, another part of the deficit; an- sonal responsibility issue here. You the private insurance market, a much other $350 billion which everybody in pointed out in regard to smoking ces- bigger market, subsidizes to the tune this room has known will never be paid sation, to not be using recreational of about $1,700 to $2,400 per year per for, but yet somehow it is being booked drugs, to exercise on a regular basis. family. If it were not for that subsidy, by the CBO as some savings. It is just Certainly if you are overweight, par- it would collapse. Yet and still, Medi- continuous gimmickry. That is the ticularly massively overweight, get on

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00047 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.100 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11840 CONGRESSIONAL RECORD — HOUSE October 27, 2009 a good program. In fact, some of these be paid for by taxpayers or by debt. Ul- Mr. GINGREY of Georgia. I appre- companies, Dr. Fleming, I think they timately, that debt will come from tax- ciate the gentleman for being with us. have programs in-house where it’s free, payers again. That’s why I think Mr. Speaker, I can’t quote the chapter and these employees are incentivized Speaker PELOSI says of the savings— and verse, but obviously the gentle- by a reduction in their monthly pre- this is a public statement—The savings man’s been reading the Good Book. It’s miums for health insurance, their in the bills before the Senate side, the somewhere in the Old Testament. I copay, their deductible. Democratic bills before the Senate, know about those wineskins as well, When we were marking up the bill, will come off the backs of the middle and I really appreciate his analogy and the health reform massive H.R. 3200, a class, and these taxes will continue to his great insight on health care reform. 1,200-page bill in the Energy and Com- be paid for by the middle class. We’ve been joined by another mem- merce Committee of the House of Rep- I have learned in my practice—be- ber of the GOP Doctors Caucus, and I resentatives, we had an amendment on cause, again, I have worked in a public will yield to him momentarily. But Mr. the Republican side of the aisle to ac- hospital. I have worked in a govern- Speaker, as we heard from our col- tually expand this program that ment-run hospital where the nurses, leagues from Louisiana—north Lou- Safeway and others had initiated to doctors, med techs, therapists do their isiana. I’ll get that straight one of allow even more incentives. You know, absolute best to bring health care to these days. Shreveport is not New Orle- for the life of me, Mr. Speaker, I do not those who otherwise would not have it, ans. But they brought out some excel- understand even to this day—and it’s a true safety net hospital. But when lent points. There was some com- been 6 weeks ago July 30 that we there is no money, the lines lengthen. mentary about health savings ac- passed the bill in the Energy and Com- When there is no money, something counts. I think most of our colleagues merce Committee—that amendment has to give. Now as it turns out, either surely understand that program now, was voted down strictly on a party-line we’re going to raise taxes, we’re going and maybe many of them—I bet many vote. Maybe one of these days they’ll to borrow money, or their lines are of them—I know that was the insur- explain it to me. But to actually get going to grow; and our reform goals of ance plan that a lot of the doctors in healthier employees so there is less ab- controlling cost and, thereby, increas- Congress had when they were in prac- senteeism, they have a longer work ing access to quality care will not be tice, and Dr. BURGESS may want to life, and to incentivize them with giv- achieved. talk about that in just a minute when ing them monetary breaks in the cost On the other hand, let me just kind I yield to him. But a high deductible— of their health insurance, why in the of amplify on your health savings ac- in other words, you don’t get first-dol- world would we not want to do that? count. The Kaiser Family Foundation lar coverage on your health insurance. Mr. FLEMING. Would the gentleman has a study—I believe the Web site is You have more out-of-pocket expense, yield for a moment? kff.org—and they looked at a family of but your monthly premium is much Mr. GINGREY of Georgia. Yes. four with a health savings account and lower than your standard first-dollar Mr. FLEMING. That is a great point a wraparound catastrophic policy coverage-type policy. I mean, it might you make. What I would like to say is versus a family of four with a tradi- be less expensive by a factor of four, that something we have all observed as tional insurance policy. They found and you can fund it by putting in physicians is that while we all recog- that the cost of the patient-empow- money. Your employer can do that. nize collectively that, yeah, we should ering health savings account with a You can do it yourself. Family mem- lose weight, we should exercise, and we wraparound catastrophic policy was 30 bers can do it and get a tax break from shouldn’t smoke, we, as human beings, percent cheaper than the traditional doing that. But up to the limit of your tend to not address those issues until insurance policy, that 27 percent of deductible, every year you can fund something comes up, until it affects us folks who had the health savings ac- these plans, and for the out-of-pocket immediately in day-to-day life. The count with the wraparound cata- expenses, whether it’s an annual phys- beauty of systems such as Safeway’s is strophic policy were previously unin- ical or Lord knows if somebody breaks that they implement a financial im- sured, and that these folks who now their ankle playing soccer or some- pact, both positive and negative, that have insurance access preventive serv- thing, you know, you pay for that out encourages healthy behavior before ices as frequently as a family with a of this health savings account. If at the you ever get to a point where you go, traditional policy. We achieve the end of the year you haven’t spent all You know what, I’m going to have to goals. By empowering patients, we, the that money, and you don’t have to get have heart stents or bypass surgery. folks buying those policies, lower their into the catastrophic coverage, then Now I am going to make changes. Why cost. By lowering their cost, folks who that rolls over to the next year. And if not make the changes 5 years in ad- were previously uninsured now have you take good care of yourself and you vance? Then you don’t have to go access to insurance and, once having exercise personal responsibility, which through that. Look at all the money access to the insurance, are accessing does include exercise, maybe at the end you save and the health that you have the primary and preventive services as of 20 years, a young person has an ac- as a result of that. frequently as those who are paying 30 count that has enjoyed the miracle of I yield back. percent more for their insurance. The compounding, and they may have accu- Mr. GINGREY of Georgia. I thank goals of insurance have got to be that. mulated $125,000 in an account by the the gentleman for yielding back. His Now, again, I’ll go back to the anal- time they are 65 and they’re eligible for final point was, give them the incen- ogy I used earlier. We can either put Medicare. tive when it really matters, not wait the new financing, the new tax dollars Mr. Speaker, these are great pro- until it’s too late. in the old wineskin of a top-down, gov- grams, and I, personally, would like to With that, I will yield back to the ernment-controlled, bureaucratic see them expanded. In fact, I would gentleman from Baton Rouge, Dr. health care delivery system or we can suggest that we could make some CASSIDY. use new wineskins, and I think the new changes in the law in regard to Mr. CASSIDY. I am actually going to wineskins that the Republican Party COBRA, where if a person loses their disagree with my colleague from wants to use are patient-empowering. job through no fault of their own, that Shreveport—and by the way, he is from How do we empower patients to make a they are able to continue to stay on north Louisiana, not south. The point decision that’s good not only for their the company group health plan, except being is that these gimmicks only pay health but also for their pocketbook? they have to pay all of the premium, for on paper. So the Congressional And by so doing, you lower cost. People plus 2 percent administrative costs. Budget Office, which makes an assess- previously uninsured can now afford it, They can do that for 18 months while ment, Does this achieve the goal of and once they have their insurance, they’re trying to get another job and controlling cost? Because as President they’re able to access those primary get other coverage. Well, most people Obama points out, controlling cost is and preventive services. As practicing when they’re out of a job, they can’t important. These gimmicks only con- physicians, as a guy that’s been work- afford that. They can’t afford to pay trol it on paper. Ultimately, this would ing in a safety net hospital for some those premiums. So why not let them, be paid for not by gimmicks, but it will time, that seems the wineskin for us. during that 18-month period, switch

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00048 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.102 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11841 over to one of these health savings ac- of the year. It does not go away if it is The fact of the matter is they’ve got counts that has a high deductible and a not used at the end of the year. the votes. They’ve got the votes on low monthly premium? This is an in- b 1830 their side in the House of Representa- cremental thing that could be done and tives and in the Senate. They have a that Members on our side of the aisle You know, earlier today, we had 60-vote majority in the Senate. There have suggested. Just as we have a num- many people come down to the floor of is nothing they can’t pass if they want ber of other incremental things, like the House and speak on the issue of to. Please do not attribute the lack of equalizing the tax treatment, setting health care reform. One of the criti- passage of this bill to Republican ob- up State-administered high-risk pools, cisms that was leveled at Republicans struction. Again, I’d like to take credit absolutely giving government subsidies was that we were doing nothing but ob- for it, but the fact is we don’t have the to those who are low income but not structing the process and that we had numbers. low enough to be eligible for Medicaid no ideas of our own. I did feel obligated The American people deserve a great or some other safety net program, let to just touch on that point for a mo- deal of credit because, during the people buy insurance across State ment. month of August, they spoke up and Let’s be honest. We do not have the lines. gave many Members pause, and caused I live in Georgia. Why can’t I shop on numbers. We do not have the organiza- them to reflect on where we were going the Internet for a policy that’s offered tion. There is no way that the Repub- with this bill. Unfortunately, today, in Florida, South Carolina or Alabama, licans in this body can obstruct any- it’s almost as if August did not happen, thing that the Democrats wish to do. my neighboring States, that fits my because we’re going full speed ahead They have a 40-seat majority in the needs better and is more cost effective, with the direction they intended to go House. They have all kinds of ways of less expensive, something that I can af- in the first place. Never mind what we getting to 218, and really, because they ford? We have done all of these things, heard or saw during the month of Au- are the majority party, it is up to them made these suggestions. And yes, also gust. to do it. True, they don’t have much on the Republican side, Mr. Speaker, I know the time is tight. I’ll yield Republican support, but tell me: If you we have a number of comprehensive back to the gentleman the balance of have an excess of 40 votes and if you bills. Some of my colleagues on the my time. can’t pass your own bill, it tells you floor tonight have written and intro- Mr. GINGREY of Georgia. I thank that something may be wrong with the duced comprehensive health care re- the gentleman from Texas for yielding bill, that it’s not something wrong back, and I thank him for his com- form that would be cheaper than what with Republicans. Something is wrong the Democrats want to do with H.R. ments. with the bill the Democrats have craft- Mr. Speaker, I’m going to yield the 3200, with the majority in the Senate, ed. remaining time that we have. I wish we with what they want to do, the bill More to the point, what makes a bill had more. When you’re having fun, it that Senator REID, the majority leader, bipartisan? Is it because you can pick goes fast. We’ve been joined by my co- is about to put on the Senate floor. But off a couple of Republicans at the final chairman of the GOP Doctors Caucus, I would say that probably my col- vote and can record a couple of Repub- clinical psychologist Dr. TIM MURPHY leagues on this side of the aisle would lican ‘‘yeas’’ in the final tally as the from Pennsylvania. He is my classmate tell you in all honesty, yeah, we have vote is passed? No. What makes a bill and is president of our class. He is better bills and they’re less expensive, bipartisan is inviting the minority going to take the rest of the time. Dr. but you know what, we don’t even rec- party in at the beginning and encour- MURPHY served with me—or I should ommend that we pass those right now aging them to have their ideas as well say I served with him on the Energy when the unemployment rate is over 10 as the ideas from the majority. That’s and Commerce Committee, and I’m percent and the economy is in the exactly what didn’t happen through proud to yield time and the concluding tank, people are suffering, and 15 mil- this discussion. remarks to Dr. TIM MURPHY. lion have lost their jobs. We might In November, I reached out to the Mr. TIM MURPHY of Pennsylvania. want to do it next year or the year transition team. I told them I didn’t Thank you, Doctor. I appreciate that. after that. Eventually we’ll do it— leave a 25-year medical practice to sit You know, the big question becomes: probably better in an incremental on the sidelines while we discussed Are we going to reduce the cost of way—but it is not the number one pri- health care. I was thanked very much health care or are we going to increase ority of the Republican Party to to- for my interest. Never heard back. I it? tally reform our health care system, reached out to the chairman of my During the President’s inaugural ad- throw out the baby with the bath committee, the Committee on Energy dress, he said our health care is too water, spend $1.5 trillion and have the and Commerce. Again, I reiterated that costly. I could not agree more, and economy get worse and more and more I did not give up a career to sit on the that has been our passion to reduce people lose their job. This is not the sidelines. Again, no response from the health care costs, and I still want to number one priority. committee. work with the President and with my With that, Mr. Speaker, I want to There was ample opportunity early friends on the other side of the aisle to yield to my OB/GYN colleague and in the year, as these bills were being make that work, but there are a couple classmate, someone who I am proud to crafted, to bring members of the mi- of questions here. serve with on the Energy and Com- nority party in and to get their ideas If you’re on Medicare, if you’re sick merce Committee, MICHAEL BURGESS, on paper, on record. Maybe there was or if you have health insurance under an OB/GYN doctor from the Dallas- room for some horse trading. Who the plans being proposed, you may pay Fort Worth area, a great Member. knows? The problem is we never tried. more. Let’s review that really quickly. Mr. BURGESS. I thank the gen- Then 5 weeks ago on the floor of this First of all, with $500 billion cut from tleman for yielding. House, when the President came and Medicare, there will be less to hos- I actually didn’t intend to come over spoke to us—and this is the same pitals, less to skilled nursing facilities, here talking about HSAs. But having President who said he would meet with $5 billion cut from inpatient rehab fa- initiated the discussion, I do want to Hugo Chavez and with Ahmadinejad cilities, $56 billion cut from home just mention that the HSA is a way to without preconditions but who won’t health care, and fewer payments to save significantly on the premium. I meet with congressional Republicans doctors for drug programs, for part D currently have an HSA. It costs me without preconditions. This is the and for Medicare Advantage, which has about half of what a PPO insurance same individual who, as a candidate in a lot of preventative services. cost last year. Most importantly, in ad- 2004, said there are not just blue States Those are a lot of cuts. When you’re dition to an insurance card, I also have and red States. There is the United taking away preventative services and a debit card, and that debit card is States. This individual was elevated in when you’re taking away money from something I can use to pay for expenses the eyes of the Nation as someone who the programs that we know save that occur throughout the year, and as could rise beyond partisanship. Yet we money, such as disease management— Dr. GINGREY pointed out, the money in see a city today that is absolutely im- and that’s important—they’re going to that account does roll over at the end mobile because of partisanship. end up with higher costs.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00049 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.103 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11842 CONGRESSIONAL RECORD — HOUSE October 27, 2009 The second thing is, in taxing the I think the theme tonight, Mr. solve it immediately in 2010, they’ll ei- sick, the proposal that’s being kicked Speaker, is to try to present Members ther have a job with no health care around the Senate now is increased who are knowledgeable on the subject coverage or no job at all, and good luck taxes on all of these medical devices: matter. If we were talking about the with the coverage you can get. heart monitors, heart valve rotators, law, if we were talking about national Now I’d like to share with you some pacemakers, artificial hearts—I hope defense, there would be the people like of the personal stories and comments you don’t have a heart attack, because JOE SESTAK and Colonel JOHN KLINE on from people in Northeast Wisconsin, it will cost you more—defibrillators, our side of the aisle. You’d listen to and I trust that they’re very much the hearing aids, hospital beds, nebulizers, those folks. I hope that our colleagues same as they might be all across this artificial hips. There are a number of will understand that we’re trying to do great land. things. There are wheelchairs and ven- this in a bipartisan way to help impart Ned writes from Dunbar, Wisconsin: tilators. All will be taxed, including knowledge. Knowledge is power, and we The part D doughnut hole needs to be the insurance plans because it comes hope and pray every day that God will eliminated. down to this: give us all wisdom and that we’ll make Well, Ned, you’re right, and we’re With the insurance taxes, you get the right decisions and that we’ll re- working very hard on the Democratic taxed if you do have it and taxed if you form our health care in a way that side, and I’m sure the Republicans will don’t. If the employers offer insurance, doesn’t destroy what really is the best go along with the idea of closing the they may tax employers if they do health care system in the world. doughnut hole in Medicare part D. offer it and tax them if they won’t. With that, Mr. Speaker, I thank you Medicare part D, after all, was a pre- Finally, there are issues with States. for the time. I yield back. scription drug plan which was written If States have an opt-out provision f by and for the insurance industry, where they do not have to have as a which was nothing more than a wind- provision in their State where they HEALTH CARE REFORM fall profit of billions and billions of will have this health insurance plan The SPEAKER pro tempore. Under dollars for Big Pharma. It wasn’t in- run by the Federal Government, they the Speaker’s announced policy of Jan- tended to help my patients. It wasn’t may still pay the taxes, and that be- uary 6, 2009, the gentleman from Wis- intended to help the senior citizens comes taxation without hospitaliza- consin (Mr. KAGEN) is recognized for 60 who live in Northeast Wisconsin. It was tion. minutes as the designee of the major- written by and for Big Pharma, and Look, there’s a lot we can do to fix ity leader. they’re the ones that had the windfall this system. There’s a lot we can do to Mr. KAGEN. Thank you very much, profit. Ned needs help now because he reform Medicare. There are so many Mr. Speaker. I feel very flattered that needs to be able to go to the pharmacy problems with the Medicare system, you have provided me with sufficient and pay for his prescription drugs with- not just the fraud and abuse. I believe time to explain some of the problems out having to go to the bank before Congress will work on that, but it’s and solutions that we’re looking at in doing so. just how things are run there, and we helping to solve our crisis in health Jack from Kaukauna writes: I need need a more effective and efficient sys- care across America. help. Prescription drugs are most im- tem to make changes in how we oper- By way of background, my name is portant to very many seniors on lim- ate with Medicare. STEVE KAGEN. For the first time in my ited incomes. Why does it take months to get a life, I ran for public office in 2006, and In these economic times, those peo- power wheelchair for someone? Why do I was elected and reelected in 2008. I ple who are most at risk are people you need such expensive procedures to grew up in Appleton, Wisconsin; went who are living on fixed incomes, not get a crutch? Why do we have so many to public schools; went to the Univer- things that cost so much money? It’s only because they may not receive a sity of Wisconsin; studied molecular bi- because they’re done ineffectively and cost-of-living adjustment but also be- ology; went to medical school. I went inefficiently. cause they have fixed incomes. They’re Let’s change that. Let’s make Medi- back home to Appleton with my wife, not getting the interest payments they care and Medicaid work better for peo- Gayle, to raise a family in 1981, prac- were before on their investments. ple. If we’re going to do anything so ticing allergy, asthma and immu- So it is for Ned, for Jack and for ev- that the Federal Government can run nology. erybody who is living on fixed incomes Over the years, what has been hap- it better, shouldn’t we start off by that we must write a bill here in the pening to my patients is they’ve been making the government run it better? House that will guarantee access to af- having more and more difficulty pay- Let’s cut the waste. Let’s improve the fordable prescription drugs, and we ing for their prescription drugs. What quality. Let people cross State lines, as have to do it soon. has been happening to my friends I so many of my colleagues have said. In Eleanor from Green Bay, Wisconsin went to high school with is they’ve had a survey in my district, 70 percent of writes: Drug prices rise since part D. more and more difficulty running their people said that they wanted that. One of my husband’s drugs in Decem- Let people join groups and have the businesses and having access to afford- ber 2005 was $144; in January of 2007, purchasing power of the group. Let’s able health care. $189. A $45 rise in 14 months is too make insurance permanent because The health care costs in this country much. millions of Americans are begging Con- have simply gone through the roof. It’s They need help now with prescription gress to work together with both sides becoming more and more impossible drugs, and we intend to provide it in of the aisle to fix the problems. That’s for people to pay for, not only their the legislation that we’re writing. what we should be doing. Millions of medically necessary and life-saving Deb from Florence, Wisconsin writes: Americans can’t all be wrong. Let’s not prescription drugs, but also their I have no health insurance. We cannot dismiss Americans as being frivolous health care coverage that they so dear- afford it. with all of that. ly need. It’s not just difficult for fami- Well, we’ve got to make sure that the With that, Dr. GINGREY, I yield back lies. It’s difficult for small businesses. prices are driven down. Ordinary peo- to you for the remainder of our time It’s difficult for large businesses. ple, both seniors and hardworking fam- here. Let’s continue to work together Recently, I received an e-mail from a ilies, students alike—everybody under- as a Congress and as a Nation to fix large employer in Green Bay, Wis- stands there is a crisis in affordable this problem, not just to finance the consin—home of the world champion a health care. problems. long time ago, the Green Bay Packers. Here is a note from Carl from Green- Mr. GINGREY of Georgia. Dr. MUR- This very large employer-CEO said: leaf, Wisconsin: I have a pacemaker, PHY, thank you so much. KAGEN, keep the public option on the and feel better than I had a year ago. I I failed to mention to my colleagues, table. I just got my quote from Blue don’t know why I had to pay $1,725 Mr. Speaker, that Dr. MURPHY is also Cross, and they’re jacking it up by 29 every 3 months for insurance with a an author, and has written a number of percent in 2010. $3,500 deductible. books on child psychology, and he People have to understand that, if we You know, one of the games that’s knows of what he speaks. don’t address this crisis and begin to being played by the health insurance

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00050 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.104 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11843 corporations, which are pretty much est in the country, where in Florida Medicare, and at the same time we Wall Street-run, is to increase the pre- the Medicare Advantage programs are took up the conversation about how mium and also to increase the deduct- taking $1,013 as an average monthly are we going to pay for medical serv- ible. What ends up happening is the pa- payment. ices with your hard-earned tax dollars. tients are paying for their own health The Medicare Advantage plans that Well, with Medicare and Medicaid, care with their deductibles, and then we have available in northeast Wis- what we are seeking to do is to make they’re paying for the health insurance consin are wonderful. They’re afford- certain that we reward physicians and corporations’ profits as well. able. They’re great. They should be hospitals for higher quality care and Sheila from Weyauwega, Wisconsin: measured in terms of the quality of the value of that care that they’re of- Family businesses need affordable in- their service, and if they don’t measure fering and delivering, and we intend to surance for health care. up, they should be eliminated. We have measure it. We intend to change the I think she’s right. to seek out and root out and eliminate payment mechanism away from the It goes on. Pat from Green Bay: all wasteful practices in spending in volume of tests and care that you’re re- Health care issues are critical. We need health care, beginning with our hos- ceiving and more towards rewarding to develop a plan to help the elderly pitals and also within the Medicare value. Not volume but, yes, to the and the uninsurable. system. value. And I think physicians and hos- You know, one of the ideas on the I heard my colleagues on the other pitals across the country will welcome Senate side is to create a high-risk side of the aisle make the case that this idea of moving up. pool, in other words, to allow for some there was some cutting coming up in Well, there’s another topic that is discrimination where the insurance Medicare. Well, I’d say what we’re try- very important. When I, as cochairman companies would be cherry-picking you ing to do is make your tax dollars go of the Congressional Business Owners out if you were an expensive date, if further. We want to be able to invest Caucus, had a listening session with you had health care issues and cost a our tax dollars and get the highest employers and the representatives here lot to care for. quality care available anywhere at the who came to Washington who represent In my view, I think that’s an act of lowest possible price. them, groups such as the Small Busi- discrimination, and one of the greatest This is something that northeast ness Majority and the Franchise Own- ideas in the Democrat bill, which is Wisconsin knows a great deal about. ers of America and others, they had moving through the House, is the idea We have a health care facility called some very simple requests. They asked that we’re going to bring an end to dis- ThedaCare, and the ThedaCare Center us for immediate results where we crimination in health care. No longer for Healthcare Value has been able to would lower the cost of care. Lower will a health insurance corporation be drive down the cost of caring for pa- costs have to be gotten immediately or allowed to cherry-pick you or your tients at a hospital by 25 percent. By as soon as possible. Why? Because the children or your family out of the risk lowering the cost, at the same time businesses can’t survive with their cur- pool. No longer will they be allowed to they have also improved the quality. rent overhead. The single greatest say ‘‘no’’ to you because of a pre- Higher quality care at a lower price. component of their overhead is the cost existing condition or because of the This is something that should be rep- for health care, and they want very way you were born. licated across the country, and if it much to see Congress help them to were, we would be able to save in every drive it down. And one way to do that b 1845 year $40 billion of savings. Now, this is is to provide transparency in health And to families like the Wendel fam- not a cut to Medicare; this is about care pricing. ily here next to me, they need access to making your tax dollars stretch and go Imagine this: You go to the grocery that affordable health care now. And further. Higher quality care at a lower store. You put the food you’re looking like many, many families across the price. This is exactly what you would to buy for yourself and your family in country who have preexisting condi- want. the cart. You go to the checkout tions—heck, these days who doesn’t?— Now, what happens when you talk counter. They put it in the bag, and we have to bring an end to discrimina- about the total Medicare patient you take it home. You’ve never seen tion. President Obama agrees, the Sen- spending at hospitals and clinics? When the price and they never billed you at ate agrees, and so does the House. But you look at that, New York, per pa- the cash register. You simply take to create a toxic risk pool, so to speak, tient, is spending about $9,564; Wis- what you feel you need, go home, eat of these patients with preexisting con- consin, $6,978. Wow, about a 30 percent it, feed it to your family, and then ditions I feel is a wrong direction, and increase. later, a month or so later, they send I hope that the Senate turns this I was very proud to work with other you the bill. That would be unimagi- around. We cannot allow for any dis- Members in the Midwest from the nable in this country. But that’s what’s crimination against any citizen due to State of Nebraska over to Ohio to bring happening in this health care, because preexisting conditions. about an agreement with the leader- you really don’t know the price when Well, one of the problems in prac- ship of the House that we have to ad- you go to the hospital, to the doctor. ticing medicine today is that Medicare dress a Medicare payment discrepancy, You don’t know the price, and the price may not cover all of the overhead costs a disparity, an unfairness. Something really is whatever they can get. of caring for patients even when you you may not know, but if you retire And I will get one picture here to provide high-quality care. And I’m from the State of Wisconsin, Min- take a look at. I will hold it in front of going to use my great State of Wis- nesota, or anywhere in the upper Mid- the Wendel family. This is a little pic- consin as an example. A State where west, including the State of Wash- ture I took at a grocery store. It’s got we have covered nearly 97 percent to 98 ington in the Northwest, your Social Bayer Aspirin, generic aspirin, and percent of every citizen within the Security check will follow you wher- then there’s a flavored aspirin as well. State by one form of coverage or an- ever you go and it will be the same And for 20 percent less, you can buy the other. amount in the State of Washington or generic aspirin. The price is openly dis- According to studies in quality care, the State of Wisconsin when you retire, closed, and if I take this off the Wisconsin ranks number 2 in the Na- let’s say, for example, to Arizona, New counter and so do you, when we get to tion, the 1st being the State of Min- Mexico, Texas, or even into Florida. the cash register, we get to pay the nesota, our neighbor. But when it But the same cannot be said about same openly disclosed price. comes to where we rank with the rates Medicare. Your Medicare tax dollars I think it’s time, and I think you paid to health plans to provide cov- that you’ve been paying in for your en- might agree, that we need to have open erage, the Medicare Advantage month- tire working life may not follow you and transparent pricing throughout the ly payment rates in Wisconsin are when you move out of the upper Mid- health care industry. That way you number 44 in the country. In other west or the Northwest. will know the price of a pill before you words, we are paying on average $765. So we have reached an agreement swallow it. And I’m sure you would States like Florida, Louisiana, New with the Speaker of the House to begin agree with that. We don’t have that York, and Texas are some of the high- to address this payment disparity with yet, but we’re working hard to get it.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00051 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.105 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11844 CONGRESSIONAL RECORD — HOUSE October 27, 2009 Now, immediate results in 2010, it’s a anecdotes are on our side. So we’re He’s now collecting insurance, unem- difficult challenge. And joining me happy to talk about the real facts that ployment benefits, and he is devoting here on the floor is Mr. MURPHY. underlie the necessity for change. The almost every dime of those checks to Thank you, Mr. MURPHY. I yield to fact that this chart plainly illustrates. pay for health care costs. He has lost you in this fine hour to help reassure The fact that health care costs are his job because of his cancer. He is now people across America that we have bankrupting this Nation, comprising having trouble paying for food because been studying this problem for a num- 5.2 percent of our economy in 1960 to of his cancer. He can’t wait any longer. ber of decades and we are beginning to 2009 when health care costs comprised And for all of this talk that I hear from take action on their behalf. almost 18 percent of our economy. It’s conservative talk show hosts and Re- Mr. MURPHY of Connecticut. I predicted to go up over the next 8 years publican Members of Congress about thank the gentleman for convening us to 20 percent; $1 in every $5 in this preserving freedom and defending lib- here on the House floor. country soon to be spent on health care erty, what kind of freedom does that I think that transition is important. costs, a cost internalized by every busi- guy have? What kind of liberty does he There are a lot of people back in our ness and manufacturer that’s trying to have every day when he wakes up hav- districts and people on the Republican compete and sell products throughout ing contracted a potentially life- side of the aisle who say, You’re mov- the globe. The facts are on our side threatening disease that has taken ing too fast. Slow it down. Why does when we talk about our need to control away from him the ability to make a this have to happen this year? Why health care costs so that it doesn’t living and now sucks every dime of out don’t we wait until next year or why cripple this economy. of his pocket to pay for that treat- don’t we wait until the year after that When it comes to families in this ment? What kind of freedom is that? or maybe 5 years from now or maybe country who have seen, just over the b 1900 do a little piece now and see how that last 10 years, a 119 percent increase in If we really want to talk about pre- works and 10 years from now come the premiums that they pay for health serving freedom and liberty in this back and check it out and make a little care, and the worker contribution that country, then let’s talk about the abil- different adjustment? workers specifically make has gone up ity to wake up every day and know Your point is exactly right. We’ve 117 percent during that same time, a that you are going to be able to get been debating this for 50 years. We 10-year 119 percent increase in health have been on a journey to try to make care for yourself and your family when care costs. The facts are on our side, you get sick. That’s freedom. good on our promise as the most afflu- but so are the anecdotes. ent and most powerful Nation in the And so I reject the notion that this This morning, I came down to the has gone too fast and that we haven’t world to the millions of Americans House floor, as maybe Mr. KAGEN did, taken our time. And I reject the notion who, through no fault of their own, because we saw a lineup of dozens of that people out there, like the family wake up every day and go to bed every our Republican colleagues to give 1- you talked about and the gentleman I night sick just because they can’t af- minute speeches on the House floor. We talked about in my district, can wait ford a doctor, not because they aren’t have the ability on mornings like this any longer for this Congress to wake trying to do the right thing and get in- to give unlimited amounts of 1-minute up and realize that this current system surance and health coverage for them- speeches on the House floor. And our does not work for all of the businesses selves and their families. We have been Republican friends were here to deliver that are being run into bankruptcy due talking about this for a very long time. a message: Stop health care reform. to the incredible expansion of health We have been doing a lot of talking. I Don’t let it happen. Don’t pass it. We care costs, due to the families and think you can go back to probably want to preserve, essentially, the sta- small businesses that have had 120 per- every campaign that’s been waged for tus quo. cent escalation in their costs, and the the last 50, 60 years since this concept I know some of our friends get up and millions of Americans who have gotten was first introduced by Harry Truman. talk about cross-State purchasing and sick and lost their jobs because they And we are now to a point where we tort reform, which are laudable goals, can’t afford health care, Mr. KAGEN. can actually do something about it. but they don’t solve the problem. They Mr. KAGEN. Thank you for your Now, this specific proposal that we are working largely around the mar- comments. Everybody who has a are debating right now has been de- gins of the root causes of the crisis human heart has feelings about people bated here in Congress and throughout within our health care system. The who are in need. this country for coming on 12 months message was pretty loud and clear: I went into health care, into medi- now. As many of us hope, we’ll get a Stop this health care bill from hap- cine, became a physician because I bill to the President’s desk by the end pening. And the hope, I think, for some wanted to help people out. But what of the year. We will have started this people on the Republican side is that good is it to be a doctor if you write a process in January or February of this by doing that, they can provide a world prescription that people can’t afford to year with legislative hearings, debated of hurt to the Democratic President of pay for? What good is it to be a doctor it out in public, debated it in five dif- the United States. if people can’t afford to come in and ferent committees in the United States So I came down and interrupted that get the tests that they require? House of Representatives and Senate, long train of Republican Members say- We have the right ideas. We have in countless, thousands of town hall ing to stop health care reform by tell- heard a lot from many people who re- meetings throughout this country, and ing a story that I’ll share with you, Mr. ject change. No, no, no. No, you can’t we’re going to end up with what I think KAGEN, again tonight. do this, you can’t do that. They are is going to be a pretty sound product. At one of the roundtable discussions trying to create a great deal of fear. It And it’s because we took time. It’s be- that I held back in my district, a gen- is easy to scare and frighten people cause we didn’t rush it through in the tleman who lives in New Britain, Con- when you hand them the wrong infor- first 100 days of the Obama administra- necticut, came and told a very simple mation and threaten their livelihood tion, because this House decided to story. He had gotten a job at the Car- and lives. That is what this is. If people step back from an original self-imposed nival Ice Cream factory in my district, don’t have access to the care they deadline of passing it by the August one of the, frankly, success stories of need, their lives and their livelihood break, because we have stepped back New Britain, Connecticut, a new com- are at risk. and taken the time to get this right. pany which has located several hun- In northeast Wisconsin, the greatest But our constituents can’t wait any dred jobs in an old abandoned factory cause of bankruptcy is health care longer. footprint. And he got sick, unfortu- costs, people who can’t make their pay- I’m always afraid of legislating by nately. He was a good worker but he ments. We have the right idea of fixing anecdote, Mr. KAGEN. I mean, we got sick. He got really sick. He got things as quickly as we can. We intend should be legislating here based on cancer, gallbladder cancer, and that to close the doughnut hole beginning in facts and data and statistics. But when gallbladder cancer caused him to miss the first year by closing it by 50 per- it comes to whether or not we should enough days of work that he got laid cent. That is a step in a positive direc- pass reform, both the data and the off. He got fired. tion. We intend to do things for people

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00052 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.106 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11845 rather than the Wall Street-run cor- tion, but to invest in your business and price in, and the others out. All of a porations who today are controlling acquire the equipment you need to ex- sudden they have leverage for the first our health care industry. pand and hire more people so we can time ever, and they do it within a mar- I can tell you as a doctor, in the begin to work our way through this re- ketplace. It is a marketplace that is room with me was the patient and cession. structured. their family, and that invisible person Mr. MURPHY of Connecticut. In Con- Mr. KAGEN. Do you mean cap- in the room was also the health insur- necticut, we have an organization of italism? ance corporation who would be telling thousands of small businesses who have Mr. MURPHY of Connecticut. It is my patients where to get their tests, joined together to make the push that capitalism. It is not unbrokered, unfet- what tests they could have, and how you are talking about, Mr. KAGEN. tered capitalism but it is capitalism much they are going to be paying for They have figured out that the status nonetheless where private health care it. I think it is time to move the insur- quo doesn’t work for them. It is actu- companies offer the lowest price that ance industry out of our examination ally run by one gentleman in par- they can, and they get business if they rooms. And the focus of the Democrats ticular who runs a small company who offer that lowest price. That doesn’t here in the House is to make certain doesn’t provide benefits for his employ- happen today in this marketplace. that that happens, to guarantee that ees because he surveyed the landscape We are simply changing the rules of you have control of your health care of insurance options he could purchase, the marketplace to give a little better decisions. It is between the patient and and he realized that there was no way deal to those small businesses and indi- the doctor and the patient’s family. he could afford it. For the margins he viduals who right now are getting In the health care legislation that we was making on his maintenance busi- screwed in the marketplace. are putting together, the winners, first ness and for the small number of em- Now, frankly, I think this isn’t a of all, will be Medicare patients, be- ployees that he had, that offered him Democratic idea, it is not a liberal idea cause with our legislation, with the ef- no bargaining leverage with the insur- or a conservative idea or a Republican forts we are about to make, there will ance companies. He couldn’t buy insur- idea. But for some reason when the Re- be no deductibles and no out-of-pocket ance for his employees and he des- publicans ran this place for 12 years, expenses for prevention services. perately wanted to. they didn’t come up with it. For some The other winners, the biggest win- This is a guy who has some tragic reason, even though they profess to be ners in this legislation in my view as a personal and family stories with re- for the end of the preexisting condition business owner, is small businesses, be- spect to health care concerns, so he exclusion, they had 12 years and they cause small businesses can’t afford to knows more than anybody how impor- didn’t come up with that idea. Al- continue to pay 30 percent more per tant it is to have health care insurance though they profess to be for changing year. They will have it as a big win be- and how health care costs can bank- the way that we pay for medicine, as cause we are going to pool small busi- rupt you. When he found out that he you talked about tonight, so we stop nesses together in large risk pools, couldn’t afford it and keep the business reimbursing just volume for volume large buying groups, to leverage down up and running, he wanted the employ- sake and start reimbursing for quality the prices for them. Just like the big ees to have a wage to bring home, rath- health care systems, they had 12 years businesses get discounts, today the er than fire half of them in order to to implement that, and they didn’t do numbers are almost unbelievable. If give the remaining half health care, so it. you are in small business, you are pay- he started an organization of small So again, I draw issue with a lot of ing anywhere from 18 percent more businessmen who have bound together my Republican friends who say we have than a large business, or 60 percent in Connecticut. I don’t know the latest gone too fast. And I draw issue with my more, even though you live and work numbers, but it is in the thousands, Republican friends who say don’t do and recreate in the same location. and they are pushing for health care anything, and I draw issue with some Another big winner is people who reform, both at the State and Federal of my Republican friends who have have coverage now. You will be able to level. found recent religion on this subject, keep it and hopefully at a lower cost. And just to underscore what you because they have had a long time to We want these insurance companies to have said again, it is a simple concept implement some of these reforms, and compete against one another. Today that when you have five employees and it has unfortunately taken a change in they are exempt from the antitrust you are negotiating with the insurance the leadership of this House and the laws. That allows them to talk about company, and an insurance company in Senate to get it done. where they are going to sell and com- many States that has almost no com- Mr. KAGEN. I think what you are pete and where they are not, or to con- petitors, they can take or leave you. If trying to say, it is hard to negotiate spire about prices. We want to elimi- you don’t want to pay their price, there when you have a gun held at your head. nate that. Whether or not that gets is no reason to give you a lower price How do you negotiate as a single pur- into the bill is yet to be determined. because you are only five employees. chaser against a large corporation? If you don’t have coverage now, cov- Even worse, if you are an individual ne- You can’t negotiate; it is a take it or erage will be available to you through gotiating only on behalf of yourself, leave it. some credits. We are going to help you have absolutely no leverage. If you We did something in Wisconsin where those, a helping hand up. It is not a can’t pay that insurer’s price, they will we created a prescription-drug program handout; it is a helping hand up. be happy to move on to the next person for senior citizens in low-income situa- In my State of Wisconsin, with the who can pay their price. tions. I think it is the best prescrip- fix to the geographical disparities, In the 50 percent of the States in this tion-drug plan in America. We have got where a doctor or hospital might get country that have one insurer that about 103,000 senior citizens in a buying paid $40 for a service and the same controls more than half the market, group, and that buying group leveraged service would be compensated by Medi- the balance is even further thrown off. down their prescription drugs tremen- care in Florida about $200, we are going So what we are doing is simple eco- dously. It is life saving. It saves taxes to address that. So Wisconsin hospitals nomics. We are saying, instead of Joe because when you are healthy you and Wisconsin physicians, you are and Mary and Sally, and Joe’s garage don’t end up in the emergency room going to get an increase in compensa- and Mary’s factory all negotiating on where it is expensive on the govern- tion for your services through Medi- their own, let’s put Joe and Mary and ment who cares for these elderly sen- care very shortly. Sally all together into one pool. And iors and low income. Overall the big winner will be our let’s put all of the rest who are negoti- So senior care saves lives and tax economy because when we drive down ating on their own or negotiating as dollars, and it is exactly the same kind the cost of health care and improve the small businesses together, and then of concept that we did with the SCHIP, quality, you will have an opportunity let’s make the insurance companies bid the State health insurance plan for as a small business owner to hire more to be able to provide insurance to those low-income children. But let’s not mix people, to invest not in the Wall Joes and Marys and Sallys, and we will the metaphors, senior care and SCHIP Street-run health insurance corpora- let the 10 insurers who give us the best are not government-run health care. It

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00053 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.108 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11846 CONGRESSIONAL RECORD — HOUSE October 27, 2009 is private doctors, private hospitals, it’s a benefit well deserved. We’re So it is our job to come down here to private drug companies who provide fighting very hard to move those bene- the House floor, to go out and stand at the care and get paid through a govern- fits up and to guarantee that it gets town hall meetings, on town greens, in ment system. It is very fair. It is a out to every veteran. But you see, it supermarkets—wherever it may be—to level playing field. isn’t that much different. It is govern- talk about the reality here. So senior care is a wonderful model, ment run, and he’s happy with the I caught, as I entered the Chamber, a prescription-drug program that real- service. Mr. KAGEN, you talking about Medi- ly works for senior citizens who are in Now I will be the first to admit, as a care. This is such an important piece of lower-income situations. doctor practicing in the VA hospitals this debate. I actually caught some of Now I think a buying group is a good in the 1970s, beginning in 1973, it was our Republican colleagues down here idea. Who do you think would stand terrible, it was disgusting, it was to earlier with a list of Medicare cuts that against having large risk pools and the point of becoming inhumane. Our are in the bill. Listen, everybody seems lowering the cost of insurance cov- shelves were not bare, but close to it. to agree on both sides of the aisle that erage? My guess is going to be the Wall We didn’t have the newer drugs to help something is wrong with Medicare, Street insurance corporations, for one. our veterans who came back from Viet- right, that we have more money going I think they would be against that, nam, in particular, and many World out than coming in? Medicare is going don’t you? War II veterans. It got to the point to go bankrupt someday at the current Mr. MURPHY of Connecticut. And I where at one time I had to kidnap a pa- pace—it’s certainly not going to be would add to that list, Mr. KAGEN, tient and take him several blocks away around for me, and it may not even be some of the other industries that have in Chicago to a real hospital to get him around for some people who are becom- profited off of the scattering of pur- the surgery that he needed because our ing current beneficiaries today. So ev- chasing power. Pharmaceutical compa- operating room wasn’t open after erybody agrees that we’ve got to do nies have also made a killing off our hours. something about it. current policy, really founded initially Things have changed. This Congress, Well, here’s the problem: There are in the Medicare part D benefit, that re- the 110th and the 111th Congress have only two things you can do to fix Medi- fused to centralize purchasing power, stepped up for our veterans, increasing care, you have to start slowing the thus guaranteeing some pretty gen- by 77 percent—the biggest increase in amount of money that goes out that we erous profits. the history of the VA—its funding. pay, or you have to start increasing Mr. KAGEN. A buying group drives We’re not at the top yet, but we’re get- the amount of money that comes in. down the price in a competitive, openly ting there, and we intend to invest in Now, the second one isn’t very attrac- disclosed price situation. When you our veterans’ care. The government tive because that’s increased payroll have a very competitive medical mar- isn’t going to be your doctor. We’re not taxes, that’s more money coming out ketplace where the power and the le- talking about government-run health of people’s paychecks—and I’m not verage and the purchasing power of care. sure that a lot of Republicans are for people buying together, that is when Two others things that some World that. So if you’re not for more money you drive down the price. War II veterans were concerned about: coming into Medicare, the only way But I want to burn this point into the KAGEN, now in that bill, are you put- that you save it is by stopping the American people: We are not talking ting in money for illegal abortions? money from going out. And what this about government-run health care. The Are you putting in money for people bill does is it slows the rate of Medi- government, hey, if you get sick, don’t who are here outside the law, here ille- care growth, of overall Medicare spend- call your congressman, call your doc- gally, who immigrated here but did it ing, without cutting or harming bene- tor. Today, you are calling your insur- illegally? And the answer is no and the fits for seniors, and in fact improving ance agent to make sure that you can answer is no. them. go to the doctor or hospital of your You’re going to hear, unfortunately, Now people might say, How do you do choice. We want people to have choices a great deal of misinformation, but it that? That doesn’t sound right. That when you call your doctor. Ask your is our intention to work with Members sounds like political double-speak. How doctor for help, don’t call your con- of all parties to guarantee that your do you cut Medicare costs but main- gressman or your governor. tax dollars are going to you, who tain Medicare benefits? Well, the prob- Earlier today, I met with World War earned it like our veterans, and to lem as you’ve talked about already this II veterans. They took the honor flight make sure those benefits go towards evening is that we have all sorts of where they flew from Wisconsin this legal causes. medical systems and hospitals and morning to see the World War II memo- I yield. some physicians out there that are bill- rial that they hadn’t visited before. Mr. MURPHY of Connecticut. I ing for all sorts of extra procedures and There were over 80 of them. The young- thank you, Mr. KAGEN, because there is extra treatments that aren’t adding est is about 85, and the oldest is about obviously a tremendous amount of mis- any value. We have a lot of hospitals 92. What a great honor and pleasure it information. out there who do a procedure on some- was for me to greet them and listen to I think the reason why there is mo- body, send them home before they’re some of their stories and to thank mentum right now in this country in ready to go home, and they show up them for their service. favor of health care reform is that as again and again and again and again in we have taken the time over the sum- the hospital, and we pay them every b 1915 mer and the fall to confront this misin- time that they come back. One senior came up to me, a World formation, we have made people under- And then we have a system of reim- War II veteran, and he’s much like a stand that there is a difference between bursement to drug companies and in- lot of people in the country, and here’s rhetoric and reality when it comes to surance companies that are paying his quote: ‘‘I don’t want the govern- health care. A tremendous amount of them 120 percent of the cost of actually ment involved in deciding my health people who are driving the rhetoric providing the service, as we do for our care choices, period.’’ I said, Sir, I want have no interest in connecting that to Medicare Advantage plans. So how we to thank you, and I will share that reality because their agenda is not to have done this is by starting to tailor quote on the House floor tonight with really influence the contours of the health care payments—not benefits— my colleagues so all of America will health care reform bill, their agenda— health care payments to hospitals and hear your voice. That’s my job; I’m lis- and I’m talking about some Repub- providers and drug companies and in- tening and transmitting their message. licans, but I’m more talking about the surance companies to promote value, And then I asked him, How is the VA folks who are in the entertainment not volume—and you’ve said this al- treating you? ‘‘Good. That’s different.’’ news media—their agenda is to sell air ready today, Mr. KAGEN—and then we Well, it’s different in some senses be- time and to sell commercials and to take most of those savings and apply it cause he has earned his benefit and he say outrageous things that get them to the overall health care bill to try to is receiving the benefit at the Veterans some attention in the world, and you get people coverage that don’t have it, Administration clinic and hospital, and can do that best by distorting. but we take some of those savings and

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00054 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.109 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11847 make benefits better, as you said, clos- have to take that model and replicate lawyers; I’m glad you didn’t do that. ing the doughnut hole, eliminating all it across the country. In over 10 years, But when we bring this subject up copayments for preventative services, we will save $400 billion. That’s called about reducing costs, many people on increasing for the first time in the last the elimination of wasteful spending. the other side have been screaming 6 years the amount of money that doc- It’s becoming more efficient. We have that if we just got tort reform, we tors get on a routine basis to provide to do that not just in the corporate could really drive down the cost. care for patients. world and the business world, but in I wonder, Mr. BRALEY from Iowa, if So we need to dispel this mythology our hospitals. After all, we just proved you could address this issue and other out there that the Medicare growth rein the sands of Iraq that we can deliver issues that we haven’t yet discussed? straints in this bill are benefit cuts. world-class health care in a tent in a Mr. BRALEY of Iowa. Well, I think They’re not. They are payment cuts desert. Then maybe we can do the same one of the things that people always and payment reductions that are going by getting skinny, getting leaner in overlook is the cost of patient safety to save Medicare in the long run. And our hospital system. on our health care delivery system. if Republicans want to come down to So negotiating for steeper discounts The Institutes of Medicine, which is this floor and argue against any re- from drug companies, driving down the the foremost authority in terms of straint of growth in Medicare, then if cost of care in hospitals. And the third, independent, nonpartisan medical re- they want Medicare to survive in the the biggest savings yet to come, is pre- search has looked at this in three stud- vention, which is why we want people long run, Mr. KAGEN, they then have to ies they did in the last decade there: be prepared to argue for more taxes to to get to a primary care doctor and patient safety treatise on to err is pay for it. make sure we diagnose things early be- human; their patient safety study; and cause you’re a cheaper date; your ill- Mr. KAGEN. But isn’t that elimi- also their study of medication errors. nesses are better managed through pre- nation of wasteful spending? Their conclusions were interesting be- vention. And that the government Mr. MURPHY of Connecticut. It is. cause they concluded that the cost of can’t do for you. That’s something that You’re talking about waste, fraud and preventable medical errors on our you have to do with your family in the abuse. Now fraud, we’ve got to do a health care system every year is be- better job of rooting out fraud in Medi- personal choices you make, in consultation with your own family and tween $17 and $28 billion of preventable care, but no matter how tight you get medical errors. That’s the added cost on fraud, it’s never going to get you all personal physicians. Mr. MURPHY of Connecticut. I think in additional health care that’s im- the way out of bankruptcy. So you’ve that last point is important, but also posed on people who are injured due to got to get to the other pieces here, important to understand the limita- preventable medical errors. which are waste and abuse. If you ask tions. Prevention is critical, and there So if you multiply those numbers me, medical procedures performed on are all sorts of personal choices that over the 10-year life of this bill that’s me or on my family that don’t add any we can make and be incentivized to being scored by CBO, you’re looking at value to my health but do add reim- make through the way that our benefit an opportunity cost loss by not focus- bursements to the doctor and hospital is structured to try to be healthier. But ing on patient safety of somewhere be- that I go to, that’s waste, and we again, I come back to some of the argu- tween $170 and $280 billion. That’s why shouldn’t be paying for it. ments against it. I hear over and over patient safety should be the primary Mr. KAGEN. There are three other again opponents of health care reform focus of any health care reform, and ways we could help to save money to sort of putting the burden on individ- that’s what the Institute of Medicine reduce the cost of health care. The first uals, like it’s their fault. There are a concluded. idea is not a new one, we did it in Wis- lot of people who have gotten sick be- That is why when we were coming up consin with Senior-Care; we negotiated cause of choices they made—bad eating with a solution to the enormous prob- for deeper, steeper cuts and discounts habits, smoking, unhealthy lifestyles. lem of over-utilization in certain parts from prescription drug makers. We There are millions of people out there of the country—it’s a well-known prob- need to be able to negotiate with phar- who could have made better choices lem—it costs, according to medical maceutical companies for deeper dis- and avoided getting sick, but there are economists, somewhere between $500 counts for all of Medicare, for all the millions more who got sick through no and $700 billion a year, which would be VA, for all the Coast Guard, and for all fault of their own. We have to under- $5 to $7 trillion over the 10-year period of us. stand—and I agree, I’m not disagreeing that’s being scored by CBO. You could The men and women I saw today at with my friend, but as important as pay for everything in this health care the World War II monuments, they personal responsibility is in health bill five to seven times with those fought for this country, not only for care, it seems to sometimes be the only types of savings. themselves and their family, they answer that we hear from the oppo- Mr. KAGEN. But if I can interrupt fought for the entire country. So why nents of health care reform, that why for a minute, this internal conserva- can’t we allow a veteran, who has a should the government get involved in tion about the CBO, Congressional deep discount for a prescription drug, remaking the insurance markets? Why Budget Office—for those of you listen- why can’t we give that same discount should we get involved in remaking our ing, the CBO, the Congressional Budget to his wife and his family? What about Medicare bargain? Why don’t we just Office, only counts money that goes his neighbors? What about his whole tell people to stop getting sick? Well, into and out of the United States town? What about the whole country? you know what, there are some people Treasury. They don’t measure those If we have a steep discount that we’re out there that can make better savings, do they? benefiting from as we invest our tax choices, but there are a lot of other Mr. BRALEY of Iowa. Well, they dollars in the health care of our vet- people out there—like the gentleman don’t because they don’t have the op- erans, that discount should be spread that I spoke about who contracted gall- portunity to look at what portion of out to all Americans who are here le- bladder cancer that have no power over those would be directly related to gally. So let’s begin to negotiate for that, and we’ve got to have a system Medicare, Medicaid patient and the deeper discounts for prescription drugs that answers for those people. cost shifting that takes place when we for all of us. I just want to turn it over to our col- ask other people to carry the burden of The second thing we must do is to en- league here, because it happened to be fixing those problems. courage hospitals to cut their overhead as we were starting to talk about the But I want to focus more on what’s in costs, to deliver care more efficiently, transformation of our health care pay- the photograph next to you, because we to make sure that our tax dollars are ment system that one of the champions stand on this floor every day and talk stretched to the very limit, not by cut- of that transformation came down to about policy. ting quality, but by cutting their cost the floor. So I will kick it back to you, of care. It has been done in a number of and then you can kick it over to Mr. b 1930 institutions, one of them in my district BRALEY. To a lot of people policy is vague. It’s I mentioned earlier, which is the Mr. KAGEN. I was a little concerned hard to understand. It’s complex. But ThedaCare health care system. We that you were going to blame all the you, Dr. KAGEN, have put a human face

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00055 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.110 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11848 CONGRESSIONAL RECORD — HOUSE October 27, 2009 on health care. I want to spend just a and they know that they have got they have to pay 100 cents on the dol- few minutes talking about the human Medicare. lar. If you have chronic medical prob- drama of health care that nobody Medicare was something that was set lems—and there are a lot of our senior seems to really be talking about. up many, many decades ago, and I citizens that do—all of a sudden they When I was out at my 17 town hall think just about every American wants go to the pharmacy and they have to meetings in my district this summer Medicare because they know they have pay $160 for this and $640 for that, and and people were complaining about this got security. They have got the secu- all of a sudden thousands of dollars out health care bill and who was going to rity to know that they are not going to of their pocket. benefit from it, I would always bring fall into a situation where, as an older You know, the story you just told them back to the human side of health person, that they are going to have a about the young people who have had care. I would talk about my nephew’s medical expense that will be out of their serious illnesses, what about 18-month-old son, Tucker Wright, who control. They may have a nest egg they those senior citizens in our hometowns lives in Malcom, Iowa. have put aside after all those hard that are making decisions about medi- Tucker was 18 months old when he years of work. cine or food or a mortgage payment or was diagnosed with liver cancer. He When Medicare was originally set up, medicine? That’s not where this coun- had two-thirds of his liver removed. He it was set up as a way to cover hos- try should be. faces a very uncertain medical future. pitalization and significant medical Good news, good news. In the bill The medical costs, as you know better costs; it was doctors and providers and that’s being proposed right now, we are than anyone, Dr. KAGEN, were astro- things like that. What happened that’s going to phase out this doughnut hole, nomical from that surgery and from a good thing over the years is we have reduce it in size and allow people from the followup and from the constant got some tremendous scientists and day one to buy medicines at a lower monitoring that has to be done on a medical researchers who have come up cost and eliminate it eventually. It’s young patient with such a serious med- with some really good prescription very expensive to do, but it has to be ical condition. He is almost certain to medications that keep people healthy done over time. Originally, the way they talked get another form of cancer before he and keep people alive longer, and that’s about this was it was going to start in reaches the age of 18. a good thing. We have to thank the 2015 or 2020. Great news. Last week, it’s His parents are the classic example of great companies and great people in part of the whole discussion, the bill is what we want responsible adults to do. the United States that make our phar- still a work in process, but many of the They are both employed in full-time maceutical industry the envy of the things that many of us have been fight- employment. They had health insur- world. ing for—I have been fighting for this, I ance coverage. But with a lifetime cap However, the problem, the down side know, as my colleagues have from day on benefits in most private health in- of all of this goodness, is the cost. Un- one of getting elected—was helping surance policies available now, his par- fortunately, the cost has just gotten close the doughnut hole. The good news ents are locked into jobs that they can- out of control, out of control for pri- is we fought and we just now got an vate businesses who have to pay for it not leave. If they do, under our current agreement in the House that on Janu- as part of the medical plans, out of health care delivery model, they will ary 1 of next year we will start that control for Medicare and for anybody be denied future payments for his process of closing the doughnut hole health care needs, which are enormous, who has to provide, to buy their medi- and reducing those out-of-pocket pre- because of something called pre- cine. scription costs for our seniors. existing condition exclusions. As a matter of fact, there was an ar- It makes you feel good because this It’s more than that, because I have gument a couple of years ago about is something that I have heard from so attended fund-raisers for this adorable you shouldn’t be able to buy your many people and, you know, I know my little boy, because even with good medicines from Canada. What absurd- own dad and his costs, and he and his health insurance, they have tens of ity. Many times it’s the same medi- wife hit that doughnut hole. This is thousands of dollars of uninsured and cines that are produced in the United real. If we can do whatever we can to underinsured health care needs. You States, sold to Canada, and you can keep people out of hospitals and having have seen that human drama play out, buy it for a lot less. We all understood a peace of mind and quality of life, and I would like you to talk about the that. We tried to fix that. The previous that’s exactly what all of this is about. toll that that takes on the families administration didn’t allow us, but Mr. BRALEY of Iowa. I think one of that you cared for in Wisconsin. that’s obviously being fixed now. the things we have been talking about Mr. KAGEN. Well, I will tell you One of the things that was passed is is how you put a human face on com- about Brandon Rudie, who is a 2-year- the part D part of the Medicare pre- plex health care policy. When we were old who, through no fault of his own, scription drug plan, and it’s called the out in our districts, we got a lot of accidently fell below the lawnmower of prescription drug plan because people feedback about the public health insur- the father cutting the lawn. They bust- who are Medicare patients can now get ance option and people saying don’t do ed through the cap. They stand to lose a prescription drug plan that can cover anything to disrupt our private health not just their jobs but their home. We a lot of their costs, and that is really a insurance system. had a bake sale to try to come up with lifesaver. I had a recent meeting with a young money for Brandon, who lost much of I take some of these pharmaceutical woman, 20 years old, Hannah Rodriguez his face and some facial structure. He products. I have got a little hereditary is her name. She is a student at the is going to have to go through a lot of problem with cholesterol. I take University of Northern Iowa in my dis- surgery that this family cannot afford. Lipitor, which many people do. I will trict. She sat down to interview me, The days of having bake sales to pay mention it by name because it is what and one of the first things I noticed for a child’s health care needs must it is. My father, who is 80 years old, he about her is she had a cleft palate, 20 come to an end. is really a wonderful man and still years old in the United States of Amer- I yield to Mr. KLEIN from Florida. plays tennis three times a week, but he ica. She was so excited because she said Thank you for joining us. takes Lipitor. He has blood pressure— she was soon going to have her final Mr. KLEIN of Florida. Well, it’s my these are the things that keep him surgery to fix her cleft palate. pleasure to join my colleague from alive today. If he didn’t have them he I said to her, Well, what’s taken so Iowa, Mr. BRALEY, and Mr. MURPHY probably would maybe had some seri- long for you to get this surgery? She from Connecticut and Dr. KAGEN. We ous illness. says, Well, my mom and dad don’t have been doing this now for a couple But the problem when the Medicare make much money and they have been of years together and it’s an honor to prescription drug plan was constructed saving up money to have this surgery represent our respective communities. is they created something in the mid- done. I said, Well, why isn’t this cov- I am from Florida, a wonderful place dle called the doughnut hole. For those ered under your health insurance? to live, great place for retirees to people who pay a few thousand dollars Your folks have health insurance, don’t come. As you know, a lot of people re- of medical expenses or it’s counted up they? She said, Yes, but this is consid- tire to Florida or retire to other places, to a certain point, at a certain point ered cosmetic surgery.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00056 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.112 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11849 Think about that. A young woman, himself for that 5 percent that he may of ideas. This is just a list of ideas. for 20 years, born with a birth defect, need to be right. But the 95 percent are This isn’t bills. These are a list of just like cystic fibrosis, just like cere- there, money that’s wasted, he said ideas. These are pieces of legislation bral palsy, all of which are covered completely wasted, in order to protect that Republicans have seen fit to put under a regular health insurance pol- him from lawsuits that come from trial into language for law and introduce icy, and this young woman has been lawyers. into the CONGRESSIONAL RECORD and struggling with this for 20 years. That’s It’s interesting that a trial lawyer seek to get it passed into committee why we have to fix this broken health would come to the floor of the House of and try to offer these health care solu- care system. Representatives and talk about the tions as amendments to the overall Mr. KAGEN. Thank you, Mr. BRALEY. value of preventive medicine but not markup of H.R. 3200, the bill that is the I will summarize by saying that we the cost of defensive medicine. That’s a House version of this national takeover are working hard to fix what’s broken. subject that I will never hear defended of our health care, or at least the We are going to improve what we al- on this side of the aisle. If anybody framework to do so, Mr. Speaker. ready have and make sure that it’s at over there would like to ask me to a price we can all afford to pay. What yield, I would be happy to take this up b 1945 kind of nation, what kind of nation how many trial lawyers might be in would we be if we didn’t take this posi- that large caucus that has a 79-vote ad- So, it is something the American tive step forward? vantage over Republicans and still people need to see through. I can express frustration. I can speak from f wants to blame Republicans for their socialized medicine bill not being facts and I can speak from a level of ex- HEALTH CARE passed in the House of Representatives. perience being engaged in this debate. The SPEAKER pro tempore. Under Those are the circumstances and the The American people, Mr. Speaker, the Speaker’s announced policy of Jan- facts, Mr. Speaker. Actually, I believe need to focus on what is true and what uary 6, 2009, the gentleman from Iowa it’s a 78-vote advantage, and it lets the isn’t; what is honest and what is just; (Mr. KING) is recognized for 60 minutes. Speaker be able to have 39 votes to and what is, I don’t want to describe it Mr. KING of Iowa. Mr. Speaker, it is take a walk and still have 218 votes to as dishonest, I will describe it as polit- a privilege to address you on the floor pass a socialized medicine bill. ical hyperbole designed to reach a con- of the House. I have the chance to do Now, you would think that if you had clusion that I don’t believe is in the so, perhaps, with some people that roughly 80 people swirling around over best interests of the American people. have expertise in the subject matter there that are extra over the number of So I come to the floor this night to that I heard just go through my ears a Republicans, you might be able to turn raise this issue and to enlighten I be- little bit ago, and that would be where your sights on the people in their own lieve yourself, Mr. Speaker, and in the do we save money when it comes to caucus, Mr. Speaker, and resolve this process the American people. And I will this cost of health care in America? issue, instead of coming back here to start out again, take us to this Medi- I listened to the gentleman from the floor as the gentleman did, Mr. care issue that was brought up by the Iowa (Mr. BRALEY) talk about 17 to 28 MURPHY, and point his finger at Repub- other side. billion in added costs of preventive licans and accuse Republicans of not Now, their argument is that there are medicine. Preventive medicine. When I having solutions. billions of dollars to be saved in Medi- first heard that, I actually misunder- Oh, yes, we have solutions, Mr. care. And so they only want to cut stood his point. I thought surely he was Speaker. We have many solutions. In Medicare by half a trillion dollars, $500 talking about defensive medicine, but, fact, I have in my hand here the health billion in cuts to Medicare, and they I am sorry, it wasn’t the case. It was care solutions, not just from the Re- will argue that Republicans want to preventive medicine. publicans, just from, oh, a little more raise the fees on payroll in order to This amorphous target of how you than half of us, the conservative Re- fund Medicare if we are not willing to save money on health care by watching publicans that are members of the Re- slash Medicare to our seniors by half a your diet and being physically fit and publican Study Committee. This report trillion dollars. getting regular checkups, yes, that’s was produced by the Republican Study I recall watching a spokesman for the important. But his discussion of $17 to Committee, and the chairman, of AARP on television one day arguing $28 million multiplied across 10 years, course, is TOM PRICE of Georgia, a med- that, well, that half a trillion dollars in actually, when you look at it, it pales ical doctor himself and a lead thinker cuts to Medicare really isn’t that much in comparison to the overall costs that and a real national voice on health money. It is a small percentage of the are included in the lawsuit abuse in the care, along with many of the doctors overall layouts. Half a trillion dollars. health care in America. that we have in our caucus. What could they possibly be getting I will submit these numbers, that the I looked down through the list of leg- that would offset a half a trillion dollar lowest number that I find is that the islation that has been offered by Mem- cut directly to their members? costs of medical malpractice, Mr. bers on the Republican side of the Here are some of the places that Speaker, and the liability insurance aisle, and I see my name there, yes, but these cuts come from: $133 billion, and and the defensive medicine that defi- I also see names such as Mr. ISSA of now the most recent number that came nitely takes place so that doctors can California, Mr. FORTENBERRY of Ne- out within the last few days is actually protect themselves from lawsuit abuse braska, Mr. STEARNS of Florida, Mr. $162 billion, cut from Medicare Advan- adds up to a number of something like, LATTA of Ohio, Mr. ROYCE of California, tage. A lot of those people are in my a lowest number is 51⁄2 percent of the Mr. SCALISE of Louisiana, Dr. GINGREY State, Iowa. Of course, they are senior overall health care costs. The health of Georgia, MARSHA BLACKBURN of Ten- citizens, and they want to have some insurance underwriters put that at 81⁄2 nessee, KENNY MARCHANT of Texas. It extra options and they are willing to percent of the overall costs. That’s $203 goes on and on, the mountain of legis- invest in Medicare Advantage. But billion a year, and this is still a low lation that has been introduced by Re- since this is the only component of the number. If we take Mr. BRALEY’s anal- publicans. Medicare program that actually has ysis and multiply it times 10 for the 10- It’s quite interesting that another the private sector engaged in it, which year life of this bill, that comes in to gentleman from Georgia this morning, keeps the costs down, the Democrats over $2 trillion, the costs of the defen- Mr. DAVID SCOTT, made the allegation want to scrap Medicare Advantage. sive medicine that’s taking place and that Republicans had no solutions. They seem to despise free enterprise the funding that goes into the pockets Well, Mr. PRICE followed him over to and despise economic competition. So of the trial lawyers. the side of the floor and offered to give this $133 billion apparently has grown I talked to an orthopedic surgeon him this stack of Republican solutions. to a minus $162 billion right out of the who had told me that 95 percent of the He smiled nicely, but he refused to pockets of our seniors, taking away tests that he runs are unnecessary, take it. Now, we don’t always get a their Medicare Advantage, killing the that his diagnosis actually will apply. nice smile from the other side, but rest of it after they have already land- It will be there, but he has to protect they refused to accept this whole stack ed a severe blow on this year.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00057 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.113 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11850 CONGRESSIONAL RECORD — HOUSE October 27, 2009 Here is a minus $128.8 billion from America and go against Medicare Ad- won’t let us adjust those rates. You our hospitals. I don’t have any hos- vantage, the only free enterprise com- have a little package over there which pitals that tell me they are being over- ponent of Medicare, to knock all of I support, and I have worked with some paid in Medicare, and I don’t expect if that out, which is what they propose to of the people on that side of the aisle, I did have they would tell me that. But do in H.R. 3200, and go after our hos- and I appreciate the effort they put in. I can tell you the national number for pitals and ding them for $128.8 billion, They deserve more of the credit than I Medicare reimbursement rates is only when many of the hospitals and many can certainly take on this, although I 80 percent of the cost of delivering that of the hospitals that I represent are did write some language into the 2003 service—80 percent of the cost. taking a high percentage of Medicare bill that allowed for consideration for Now, some of these doctors and patients, and every time they take a cost and quality. nurses and health care practitioners patient, they know that they are losing But this is supposedly a component are actually in business for a profit, money, and it has to be picked up of a negotiation that we will get, and Mr. Speaker, and I don’t begrudge somewhere else or they can’t keep that number is something like $8 bil- them that profit. I hope there is com- their doors open. So it requires cost lion that would be rolled back in to petition, and the more profit they shifting, and that is where we get the help compensate cost and quality. But make, the more competition it is like- medical costs that seem out of line. it is pretty vague. You can’t get your ly to attract. Some of these hospitals Then you can go on down through the fingers on it. The language isn’t there. are for-profit hospitals; they all are line. Cutting home health care by $56 We don’t really know whether it is cost not. So we can’t begrudge them that billion. Cutting Medicare Commission, and quality or whether it is demog- profit. That is what has driven the $22.2 billion. Cutting Medicare Im- raphy and geography. I mean, that is United States of America. provement Fund by $22.3 billion. Part the question now. If it is going to be In fact, over in my desk at 1131 Long- D, $19.8 billion. We will be down to as- demography and geography, that is worth there is a stack of flash cards in pirins in no time. Skilled nursing fa- what Democrats usually want to do. So I suspect that they want to there that are produced by USCIS, the cilities, $14.6 billion. Cut part B sched- change the rates so that people that United States Citizenship Immigration ules, except for physician services, $23.1 live in their chosen areas that meet Service. They are laminated glossy billion. You go on down, CMS, innova- their demographics will get a higher cards with a red background and pic- tion center, hospices, accountable reimbursement rate. And I can only tures on them, and they are there so, health care organizations; $800 million conclude that that means that they let me say, naturalizing Americans out of the power wheelchairs compo- that seek to pass the naturalization will target minorities and inner cities. nent of that. That must be MCCASKILL test to become American citizens can And I think that every American out of Missouri. And comparative effec- study on these flash cards the things should be considered as one of God’s tiveness, $300 million. The list goes on. they need to know. children, regardless of what their eth- For example, Who was the father of Medigap $100 million. nicity or national origin is and regard- This stack here takes us up there in our country? George Washington. It less of where they live. the neighborhood of $500 billion cut out has the question on the front side, So, if you take that off the table, and of Medicare. And what do we hear from George Washington on the back side. I sure would like to because it pits the other side? ‘‘Well, we are always Who saved the Union in the Civil War? Americans against Americans and going after waste, fraud and abuse.’’ Front question. Back side, Abe Lin- causes some people to focus on skin ‘‘There will be always be abuse,’’ I coln. color instead of the content of our Question, What is the economic sys- heard a gentleman say, ‘‘so we are character, but if we could take that off tem of the United States of America? going after the waste and the fraud.’’ the table, it is still geography, and Flip the card over, answer: Free enter- Are we? If they know where the they will define the demography that prise capitalism, Mr. Speaker. I mean, waste and the fraud is, rather than gives them the advantage. They will that is like the simplest no-brainer pointing to categories, tell me. Tell still take away our Medicare Advan- question for the economy of the United me, Mr. Speaker, what is it that is tage and decrease and gain themselves States that we require of anyone that going on in Medicare in my State, in an advantage to their constituents, wants to naturalize to become an my hospitals and the clinics in my dis- without regard to justice and equity. American citizen in this country; they trict, that is waste, fraud or abuse, Now, justice and equity would look have to know it is a free enterprise sys- when they are receiving on the na- at this and conclude that the States tem. tional average 80 percent of the cost of with the lowest reimbursement rate Yet we have people in this Congress delivering that service. I don’t have should be in a position to get the great- that are constantly assaulting the free anybody in my district that is making est bump up. But even if that is not the enterprise system. We have seen the money off of Medicare. But Iowa is the case, what if it would be the States and nationalization of one-third of our pri- lowest reimbursement State in the the locales and the metropolitan serv- vate sector just in the last one year, Union, and that is the biggest reason ice areas that had the best cost and one-third, according to The Wall Street why. quality ratios in America? Who ranks Journal. And this health care industry, So we have the lowest reimburse- number one in cost and quality? And one-sixth of our overall economy, per- ment rates in the entire United States shouldn’t we reward the people that haps another 18 percent. If you add of America. We rewrote that bill in produce the best product for the best those together, we are very close to if 2003, and Iowa got a little better off. value? not exceeding over half of our economy They climbed a little bit up out of that Now, my State will rank in the top being nationalized, meaning a Federal 50th in the Nation for reimbursement five in every broad health care results Government takeover of management rates for Medicare. They closed the gap analysis that comes out. Every objec- and running the show and calling the a little, but we never got up to 49th. tive, broad health care results analysis shots and freedom disappearing, all of Who was number one in the Nation at that comes out, I will be in the top that within, what, a year or a year and the time in reimbursement rates for five. Sometimes we are number one in a couple of months, Mr. Speaker? their citizens? Louisiana. Who got the some categories, and sometimes it It is appalling to think that we have most per capita out of the entire 2003 moves across the spectrum. But they had an all-out frontal assault on free Medicare rewrite legislation and the will be in the top five in quality be- enterprise while at the same time we prescription-drug component of that? cause of the result that they get, be- are testing our immigrants who want Louisiana. cause a lot of people that are there put to become Americans to make sure We look across this country, and their hearts and their heads and their they understand that this Nation is for Democrat after Democrat says ‘‘there souls into this and their backs and free enterprise, that that is the basis of is waste, fraud and abuse in my Medi- their hands and all their know-how and our economy. It is appalling. It is iron- care.’’ Well, maybe it is in yours. It is resources, and they get a good result. ic. not in mine. But you want to cut mine, So that is the quality. But they are It is disingenuous to take this attack not yours. You will defend those reim- rewarded with the lowest reimburse- against the free enterprise system in bursements to your districts. You ment rate in Medicare in the Nation.

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00058 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.114 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11851 So they get a low cost, because they these days. I remember my frustration they supported that $700 billion. Now aren’t being paid for the service that at the door being closed with Hillary they would like to see the plug pulled they are providing. They produce a Clinton and a big table full of people and the money paid back to the Amer- high quality anyway. And I am saying who were sliding papers around, argu- ican taxpayer and no more doled out in that we need to recognize the best cost ing and hammering out the destiny of the fashion that it was. That’s an in- and quality combination in America America. I have always had an aversion side-the-closed-doors rush to judgment. and reward those. about turning people loose to go make And right now we’ve got behind-the- If you want to go out and find a half decisions for Americans or Iowans be- closed-doors negotiations taking place a trillion dollars in savings in Medi- hind closed doors. in the House of Representatives, in the care, don’t come to my State. Don’t I recall a policy that needed to be United States Senate; people fran- come to my district. We are producing handled when I was in the Iowa Senate. tically negotiating at different stages the best combination of cost and qual- They appointed six Democrats and six with doors closed. Maybe three Sen- ity in America. Go to those places then Republicans; the 12 apostles, I called ators over on the Senate side right where Medicare reimbursement rates them. They put themselves in a room down that hall, Mr. Speaker. A few are high and results are low and advise and closed the door. They all swore an more House Members maybe. them that they are going to have to oath that they wouldn’t talk about the product they were working on until I’ve talked about some of these get their standards up, but you are things that are ironic, but here is the going to reduce their reimbursement they all agreed to come to a conclusion and sign off on this document, and then irony: As President Obama was cam- rate, if that is your determination, to paigning—and I will have to circle take half a trillion dollars out of this. that’s what they did. One of my close friends was in that room and would not back to the Hillary issue in a moment. That is my suggestion. utter a word of what was going on, But as President Obama was cam- This is the chart. This is the reality. paigning, he said that he would open up To cut Medicare and argue that there what was being negotiated inside that room, and of course I didn’t pry very unconditional negotiations with Iran. is waste, fraud and abuse everywhere, hard because I respected his integrity. That meant to a lot of us, Mr. Speaker, slash it across-the-board and starve the But you know what happens, Mr. that we envisioned Barack Obama sit- people that are doing the best good for Speaker, when they meet behind closed ting down across the table with the least amount of dollars is unjust, doors, when they meet in secret, when Ahmadinejad or the Mullahs and and there is no equity there for any- they appoint themselves as the people maybe asking them if they would just body involved, not the providers, not that are the—how shall I say—the sole be nice people and shut down their nu- the practitioners, not the patients, not repository of wisdom inside the room clear weapons operations. the senior citizens in this district that when they close the door. They come Now aside from how that makes the I represent, which I believe is the most out. And once they reach a consensus United States look and how it rewards senior congressional district in Amer- inside the room, they produce a docu- people for threatening Israel and the ica. ment or a philosophy, and they all sign United States, aside from that, Mr. The Fifth District of Iowa and Iowa off, either in ink or verbally, and they Speaker, it seems ironic to me that the itself has the highest percentage of the go out and stand together behind the President is meeting with people like population over the age of 85. And then microphones. Then they say, We have HARRY REID, NANCY PELOSI, a handful of 99 counties in Iowa, 32 of them are in produced the best product possible. of Democrats, and they’re crafting leg- my district, and in that 32 county dis- We’ve had the right brains in the room, islation behind closed doors, yet he’s trict, we have 10 of the 12 most senior and I am really optimistic about what not willing to sit down with people like counties in Iowa. So, 10 of the 12 most we’ve done. This is the right thing for MITCH MCCONNELL, JOHN BOEHNER and senior counties in Iowa in the most America or Iowa or whatever group it ERIC CANTOR. What is it about that, senior State in the Nation results in, I is that they’re seeking to impose this Mr. Speaker, that the President of the believe, the most senior congressional policy on. And invariably they will say, United States would announce that district in America. And we are look- Don’t amend this because if you do, he’s willing to do unconditional bilat- ing at a half-trillion dollar cut across this perfectly balanced specimen that eral negotiations with Iran, this country because some people have we have would be knocked out of bal- Ahmadinejad, because he is the boss to figure out a way to pay for this $1 ance, and it won’t be able to function there. If you will remember, he won an trillion to $2 trillion bill. properly. election, an election supported by the Now, this takes us to this conclusion It actually reminds me of former White House—or the result, at least, that was drawn by President Obama Secretary of the Treasury Paulson supported by the White House. To sit while in debate with Hillary Clinton in when last year, on September 19, he down with Ahmadinejad potentially or the presidential primary process last came to the Hill and asked this Con- the Mullahs but not the leaders in the year, in 2008. And I think it was a given gress to write him a check for $700 bil- Republican Party or the leaders on the that going into this presidential con- lion. His response to us and his presen- health care issue—and we have many test on the Democrat side, Hillary tation to us was, I’ve been looking at on our side—is a real irony. I was about Clinton clearly owned the field as far this for 13 months. You’ve only been to make the case that during the cam- as knowing her health care issues. And looking at it for 24 hours. I have paign, Hillary Clinton made the argu- here is a point as to why I say that, Mr. thought of everything. Whatever you ment that her version of health care— Speaker. think of will knock it out of balance. now it wasn’t exactly this. She had She produced this for America, work- Don’t try to amend this. You will de- some alterations because 14 years have ing in conjunction with her husband, stroy the overall product. This is a per- gone by, and we know that the shape of Bill Clinton, who, by the way, came to fectly balanced vehicle. this body isn’t the same that it will be this floor and spoke from this well on Well, it doesn’t take much to per- after 14 years of wear and tear. But this September 22, 1993, to plead with and fectly balance a vehicle when it hap- is the 14-year-old, now 15-year-old flow entreat a joint session of Congress, pens to be not a blank check but a chart of HillaryCare. House and Senate Members and the check for $700 billion, signed by the galleries full, to adopt his concepts and American taxpayers and borrowed from I believe that her background in this write into law a national health care the Chinese to be paid with interest is what drove President Obama into act that would completely take over at and principal by grandchildren yet to taking positions on health care that that time one-seventh of the U.S. econ- be born. Those were about all the de- now he is seeking to sustain in the omy. And Hillary Clinton was instru- tails that were in there, and I had to same way that he’s seeking to sustain mental in that. write some in myself as I speak about his Executive Order that closes Gitmo, it; not in the language itself. That’s Guantanamo Bay, on January 22 of b 2000 what came out with the $700 billion next year. The difficulty of accom- She held the meetings and put to- TARP piece. plishing such a thing looms now over gether a bill. Some were closed-door By the way, the Wall Street Journal the Justice Department in an imposing meetings. That sounds a bit familiar came out today with some regret that dark cloud, a hasty Executive Order, a

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00059 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.115 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11852 CONGRESSIONAL RECORD — HOUSE October 27, 2009 policy in health care that was ham- United States Congress today. This ture, I would make this point. His solu- mered out in the face of, I’ll say, per- takeover now of one-sixth of the Amer- tion for spending too much money on sistent, skillful debate on the part of ican economy is a scary proposition. health care is, spend more. Spend $1 Hillary Clinton. But this is her plan. This takeover of a good share of our trillion to $2 trillion more on health This is from the New York Times back freedom, the freedom to buy the health care, and then somehow it magically in ’93-’94, shortly before Senator Phil insurance policy of our choice, the fixes the problem of spending too Gramm stood down that hallway on the freedom to move to another State if we much. floor of the United States Senate and don’t like the accommodations and the You heard the words from one of the said, This plan passes ‘‘over my cold, regulations that we have, the freedom gentlemen that spoke in the previous dead political body.’’ A lot of people to go without health insurance if we hour. It’s counterintuitive. It’s kind of thought that Phil Gramm was wrong, chose choose to do so, the freedom to hard to rationalize. Well, it is. It’s not that this health care bill couldn’t be take our risk and then be able to ac- just counterintuitive. Mr. Speaker, it’s killed. Phil Gramm wasn’t the only one cept the profits that come from that, completely illogical to make a point lined up to kill it, Mr. Speaker. There and pay the price if we take the risk. and take a drive for the presidency and were many of us that did, but he was a Here are the few premises that Presi- seek to impose upon the American peo- man that was in the lead. He was one of dent Obama has hung his hat on as a ple through the leverage and the ma- the generals fighting this war to fold means of counteracting the very active jorities in the Congress, the Pelosi ma- this scary flow chart and end the effort and informed health care approach in jority here, the Harry Reid majority to take over what was at that time the primary that Hillary Clinton down that hallway, a $1 trillion to $2 one-seventh of our economy. He in- mounted. He was forced to take a posi- trillion health care plan. Because we spired people in the House, people in tion on health care, so here are the two spend too much money, now we’ll the Senate and people all across Amer- conclusions that he drew. One is, we spend $1 trillion to $2 trillion more. ica with his belief and conviction that spend too much money on health care. And now one of the President’s mov- this could be killed. We have to fix that. The other one was, ing targets—I feel like a cat chasing a So this scary flow chart, this thing we have too many uninsured. We have ball of string here—but one of the that I’ve said a number of times scared to fix that. So somehow they’ve President’s moving targets now is, the living daylights out of me when it morphed along and have gotten away Well, it’s got to be under $1 trillion, in showed up in the paper, and I ended up from the idea that, you know, there are the $900 billion range. So write me a with a laminated chart. And I do think rights and there are responsibilities. It bill that does that because we can’t it’s someplace in my archives. But I seems to be that the point that they take the political hit of something hung it on the wall in my construction would like to make is a point that that’s over $1 trillion. So they brought office in that ’93-’94 era, and it stayed you’re more likely to hear of in West- the doctors fix to the floor of the Sen- there all the way through the nineties. ern Europe than you are in the United ate the other day, and the doctors fix When I got to wondering about govern- States of America, and that is an argu- was $247 billion to try to fix the adjustment and how I was going to keep a ment that people have a right to a ment rates for our doctors that are un- construction business operating in the health insurance policy. The policy. I derpaid in some of these cases. It failed middle of the tax increases and the mean, everybody has access to health on the floor of the Senate, and 13 changes in regulation and the burden care. It may not be the best. They may Democrats voted with Republicans. that I had of government, I would look go into a public health clinic. I know How can this be? That was a way to at that chart, and I would see that it some awfully good practitioners there take that $247 billion out of this gov- had been buried by the leadership of that have committed themselves to ernment health care bill so that the Phil Gramm and others and by the working in that environment, and I see bill didn’t go over $1 trillion. If they American people, it gave me great high-quality care when I walk into would have passed that, the doctors fix heart that the common sense at the those in my district. So maybe they go wouldn’t be a part of it, they wouldn’t core and the heart, soul and conviction into a public health clinic. Maybe they have to put it in there, and they could of the American people prevailed over walk into the emergency room, and it keep it all under the $1 trillion cat- this scary flow chart, which is a com- does run up some costs. But everybody egory. We’re really here with AARP plete takeover of the health care sys- has access to health care in America. making a public statement that $500 tem, and almost every one of these Whether they have a dime, whether billion is a very small percentage of boxes would have become and our fu- they have $1 billion or whether they’re the overall outlays, and they can take ture would have been these proposed in the hole and they have a negative a hit and have their reimbursements organizations, proposed agencies. net worth, they have access to health reduced in the category I showed in Now we have a new flow chart, not care. That is not the issue. this chart earlier, by $500 billion, and the 1993–94 version. Fifteen years later, So they make a new issue which is still their hearts are cold. we have the 2009 version. Mr. Speaker, too many uninsured. I will go to that How can they do that? I have a chart if you observe this, the white boxes are chart in a moment. But I want to make here that shows me a little bit about existing entities out there. Here is the the other point and it’s easier to make, why AARP might do that. A couple of private sector entity, private insurers. and that is President Obama’s premise points here. One of them is that there Here are the traditional health insur- that we spend too much money on is a section in H.R. 3200 that would ex- ance plans that they produce. You can health care in America. You can argue empt Medigap policies from new limits go on around and see what exists along that, and you can debate it. We’re at on preexisting condition restrictions. here. The Office of Civil Rights is around 14.5 percent on up to maybe there. The Office of Minority Health is more than 16 percent of our GDP is b 2015 there. But there are at least 31 new spent on health care in America. Well, AARP’s Medigap insurance, agencies and now, on a more careful in- They’ll point to numbers that show which they sell and which they collect spection, it grows this up to more than that about 9.5 percent of the GDP of a good deal of premiums on—and it’s 50 new agencies created by H.R. 3200. the other industrialized world is spent the lion’s share of the profits that This is a scary proposition. on health care, some above, some below AARP makes—continues to deny HillaryCare, scary in black and white, that number. Well, you know, this is Medigap claims to individuals with se- was scary enough to scare some of us all in the eye of the beholder. Those rious health conditions. There is a pre- into public life. It didn’t scare me out that are receiving this health care that existing condition clause written into of the private sector because this was need it, the lifesaving procedures, they Medigap policies, and H.R. 3200 would killed. It was killed by the American will tell you that it is worth the price. preserve the preexisting condition people; but it helped motivate me to But I won’t belabor that because we component for AARP. So I presume come into public life. I wonder if that get into anecdotes to no end. I will just that is one of the reasons AARP can had not been proposed to the American say this, if President Obama is right— watch $500 billion be cut out of Medi- people whether I would be standing and I am not conceding that point. But care as long as they preserve their pre- here opposing this or even in the if he is right, for the sake of conjec- existing condition component of their

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00060 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.116 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11853 Medigap insurance, which is so they premiums. They don’t. Nine million of coming out of the lists here of the Re- can stay in that business. them who are making over $75,000 a publican Study Committee and of the There are several others on the list, year don’t. list of the 10 things that I carry around but that’s the easiest one to under- Here, this is 9.7 million who are those in my pocket which are the solutions stand. eligible for a government program but that I propose. The President wants to solve a prob- who are not enrolled—mostly Medicaid. So, Mr. Speaker, I recognize that the lem with spending too much money by They don’t bother to sign up. Why most tenacious, resilient and, perhaps, spending more—$1 trillion to $2 trillion would they sign up for another pro- entertaining Member of the United more. The Democrats in the Senate, gram if we hand them silver-plattered States Congress, who is from East HARRY REID, sought to blur that and health insurance policies? All they Texas, is here tonight. Whenever I see sought to exempt the doctors fix so have to do is walk in and sign up, but Congressman LOUIE GOHMERT on the that they could keep their, I’ll call it, they don’t—9.7 million. floor, I want to hear what’s on LOUIE’s socialized medicine bill down below $1 Here are those who are eligible for mind. trillion. The $247 billion piece of legis- employer-sponsored insurance but who I’d be so happy to yield as much time lation that dealt with the doctors fix are not enrolled—6 million. Hmm. They as he may consume to the gentleman independently was shot down in the told their employers ‘‘I don’t want it’’ from East Texas, Mr. LOUIE GOHMERT, Senate, and it could not receive a ma- or they don’t bother to sign up. the judge. jority vote. Now, all of these people who I’ve de- Mr. GOHMERT. Thank you, and I ap- So let me get that other part of the scribed are the people who, I don’t be- preciate the gentleman, my dear friend President’s position illustrated, Mr. lieve, the American people want to from Iowa, for yielding. Speaker. hand silver-plattered, gift-wrapped It is interesting when we talk about This is the other position of the health insurance policies. For the ones people who do not have coverage. As President’s. The first, remember, is who are left, we do have some compas- my friend from Iowa knows, earlier that we spend too much money. There- sion. Those are the Americans without today, there were a great many 1- fore, we’ll spend more. It’s not logical affordable options. That’s 12.1 million minute speeches given by Republicans because it’s not logical. Here is the people. They are the Americans with- and numerous 1-minute speeches given other one. We have 47 million unin- out affordable options. by Democrats. A Democrat, whom I happen to like a sured in America—too many uninsured. Right before I yield to the gentleman great deal—he has always been most Thus, we must insure them all because from Texas, I want to show you what it gracious to me—gave a 1-minute in people on this side of the aisle believe looks like when you look at all of which he pointed out that he had a that having your own health insurance America. This is 47 million. This is 47 friend who had called a doctor’s office, policy is somehow intuitively with- million in America’s population. Here seeking help with a medical problem. drawn from the Constitution as a right we are. Eighty-four percent are with The doctor’s office asked the ques- that comes down from God, that flows health insurance. This is 306 million tion, Do you have health insurance? He through the Declaration of Independ- Americans in this circle. responded that he did not. ence, that shows up somewhere in the These folks in these categories here They said, Well, we will see you, but Constitution and maybe in the Bill of are the ones who I say I don’t want to you’ll need to bring $250 to pay for the Rights, and that now they can divine insure and that the Americans don’t visit and treatment, to which he re- that and hand that over to everybody want to insure—illegals and those with sponded, as I recall, Look, I’m not from in America, legal and illegal, no mat- the money and those who are already this country. I don’t have $250. ter who you are. qualified, et cetera. The doctor’s office responded, Well, I know that there are a good number Yet, as to this red sliver here, this then you’ll need to go to the emer- of Democrats who have actually en- tiny, little piece of the pie, that’s 12.1 gency room. dorsed legislation that says that every million people. That’s less than 4 per- So this individual is going to get human being in America—every person cent of the overall U.S. population— health care, is going to have it pro- in America, would be the language— Americans without affordable options. vided. Obviously, somehow this person has a right to one’s own health care, to Now, it would be nice to help these peo- got into this country, and we don’t receive it for free and that health care ple. I’m open to doing some of those know if he was legally here or illegally practitioners will be salaried employ- things, and we’ve got some proposals here. My friend across the aisle, my ees who are working for the govern- here on the RSC’s list to do that. Democratic friend, said that’s why ment. That would be a 1981 bill that I Yet the real bottom line is that we’ve got to have this universal health happened to read the other day, intro- Democrats and the President, behind care bill. That’s why we’ve got to pass duced by Ron Dellums and JOHN CON- closed doors, are putting together a this so that people like his friend could YERS. JOHN CONYERS is still here, and policy that they want to ram down our have health insurance and could be he’s still pushing the same kind of throats which will maybe reduce this 4 covered and would not have to go to issues. percent number down to 2, but the the ER to get, apparently, his free This is the 47 million, Mr. Speaker, price would be to transform completely care. the 47 million who are uninsured. Now, 100 percent of the health insurance in- Well, that, I think, really points out that’s the highest number that any- dustry in America and to start down a distinct difference between the ap- body defends. We could take this on the path of a complete transformation proaches of the two parties. That is down to, maybe, 39 million, but here is of 100 percent of the health care deliv- why, even though the Democrats have how you do the math: ery system in America. It’s the best about 40 votes more than they need to These two categories right here are health insurance system in the world. pass any bill they want to, they still illegal aliens and immigrants. Add It’s the best health care delivery sys- haven’t got the votes they need, be- those both together, and it comes to tem in the world. cause our Democratic friends have in- 10.2 million. They’re not part of the 47 We have a whole list of fixes, some of dicated they can’t support the bill that million. They’re not part of the people which we’ve passed out of this House has been presented to them. Yet they who, I think, we ought to impose upon but which were blocked by the trial take the opportunity to blame Repub- taxpayers to fund their insurance. lawyers and the Senate in the last few licans. We’re not on board. I want to take illegal aliens and im- years. It’s the Republicans who pre- When you have someone come into migrants out of this equation of those serve your free enterprise; it’s the Re- this country—and let’s give him the who would be handed gift-wrapped publicans who preserve our freedom, benefit of the doubt—who’s here le- health insurance policies. I want to Mr. Speaker, and it’s the Republicans gally, he comes into this country and subtract from that list the Americans who will reduce these costs in our immediately demands free health care? who have the means to provide their health care and who will reduce this I mean, that’s incredible that some- own insurance. Those Americans mak- number of 4 percent slightly, not by a body would have that kind of demand. ing over $75,000 a year can find ways to big amount, maybe by a percent or so I know that, in China just recently, write checks for their health insurance or two. That’s about half. All of this is someone from the United States was

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00061 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.118 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11854 CONGRESSIONAL RECORD — HOUSE October 27, 2009 over there, and required a test. He was history of the world. We’ve been able to people with the British Government. required to pay the money up front be- help people around the world in times And it was a bipartisan trip. There fore he could get his testing. That goes of crisis, and we’re willing to do so in were people from both parties who were on. China, for example, and Europe times of crisis; but if we take on the there. But a lady, she may have been have been chastising the United States health care expense of the whole world on their type of Social Security, but for squandering money—imagine that. as much as we’re doing with pharma- she pointed out that before you can re- Here you have the Democratic posi- ceutical costs—and we seem to be sub- ceive Social Security in the United tion that somebody from another coun- sidizing the pharmaceutical costs. If we Kingdom, they require, as I under- try who is visiting here, who is not a do that with all of the health care stood, that you be there paying into citizen, who is maybe here legally or il- costs for anybody who wants to just their system for at least 5 years before legally should be able to call up and de- come in and get free health care—any- you could get a dime. And one of our mand that any doctor in the country body who wants to at any time any- friends from the other party was out- he wants to see should be forced to see body wants to—we will bankrupt this raged: But that’s discrimination based him even though he can’t pay for it. It Nation. This blessing that we’ve been on national origin. You shouldn’t be is amazing to me because, you know, I handed will not be around to be passed forcing them to pay in before they can thought the Civil War was fought and on to our descendants. receive. That doesn’t seem fair. And won to show, among other things, that You know, we’ve heard over and she very calmly, and with that beau- the Constitution did not allow people over—and I get so tired of hearing it tiful English accent, pointed out that, to become or to be made slaves. That’s because it’s so untrue—that Repub- Well, in this country we happen to what would happen to the health care licans have no solutions. This is a bill think it’s fair that before you receive profession if you were to allow that that I’ve filed. It’s a health care solu- benefits from everyone else in the kind of thing. By golly, the heavy- tion that, I think, trumps anything country, you help pay into the benefits handed government is going to demand that I’ve heard any of the Democrats pool. that you, Doctor—you who went point out since we now know from Sec- Mr. KING of Iowa. Reclaiming my through so many years of training and retary Sebelius that the President, time, I thank the gentleman from education and through all those sleep- even though he keeps talking about Texas. less nights while working as an intern ‘‘my bill’’ and ‘‘my plan’’ actually I recall that conversation. And just and as a resident—will be required to doesn’t have any bill. He’s talking to give a balanced view of this, the provide free health care to someone about a set of principles. That was lady was with the British Embassy and who just comes into this country. quite a revelation. had a Ph.D. in Africa studies and a de- I was recently with a group that went Anyway, in my bill, section 301 reads lightful intellect. over to the Middle East. We flew on a that, notwithstanding any other provi- And I remember in part of that dis- commercial airline—that is a long sion of law, a consular officer defined cussion and debate that I engaged with flight—and one of our congressional in section 101(a) of the Immigration her, she made the statement that she friends said that the lady next to him and Nationality Act, 8 U.S.C. 1101(a), believed that there was more freedom seemed well-to-do and that she had may not issue or renew an immigrant in China than there is in the United commented during the long flight that visa to an alien unless the alien pre- States. her husband worked with Hamas. Well, sents evidence, which may be in the ‘‘Why would you come to that con- we recognize Hamas as being a ter- form of an attestation, by a sponsoring clusion?’’ was my question. And her an- rorist organization, and here she’s very employer or individual in the United swer was, ‘‘Well, because they have ac- cavalier about it. Well, he works for States in whose household the alien in- cess to health care, free health care, in Hamas. During the course of the trip, tends to reside who will be responsible China.’’ she also volunteered that her son-infor providing the requisite coverage, I don’t know that it is free in China, law is with Hamas. Eventually, she that the alien and the alien’s spouse but that’s the difference in a British said they were about to have their sec- and children who are accompanying or viewpoint and an American viewpoint. ond grandchild, and with this grand- following to join the alien will be cov- We know what our rights are. We es- child, they were going to do as was ered by a high-deductible health care tablished those rights in the matter of done with the first: This daughter who plan as defined in section 223 and will wresting our freedom out of the British was pregnant was going to fly over to be an account beneficiary of a health Crown. They’re still under the Crown, the United States right before the baby savings account under such section so theirs have evolved in a different was due, at the end of August, and have after the alien’s admission to the way. But we received a lot of the un- the baby. She pointed out that their United States as an immigrant for the derlying principles of freedom. And family liked the option of having duration of the alien’s residence in the they are delineated in our Constitution American citizens in their family. United States or be subject to removal. and in our Bill of Rights, and the foun- That’s why they call them ‘‘anchor ba- In other words, the long and short of dation for them is in the Declaration, bies.’’ That would allow them—her hus- this is, under my bill, we welcome im- the rights that come from God. band with Hamas and her son-in-law migrants coming into this country. We So we see rights differently in Amer- with Hamas—to come into the United welcome them. It has made this coun- ica than anyplace else in the world, States as an excuse because they’re try strong. Yet, since it’s a matter of and it’s awfully hard to talk about raising an American citizen. So they national security that we not let non- freedom with people who speak English get visas. They come over here. They American citizens bankrupt this coun- that have a different definition of the have babies. As she pointed out to a try, then in the future, if they allow word ‘‘freedom.’’ So if there is more fellow Member of Congress, not know- my bill to come to the floor for a vote, freedom in China because they don’t ing who he was: Do you know what the anyone wanting to come in will have to have to earn their own health insur- best thing about it is? She’ll fly home prove that they will be covered, that ance policy, I’d say there is less free- with her new grandbaby, and she won’t their health insurance needs will be dom in China because they don’t have have to pay a dime. covered. They’ll be met before they get to. We get to struggle here. We get to That’s what’s going on, and that’s visas. If their health insurance expires try. The people that excel and take what our friend across the aisle was before their visas do, they will be sub- personal responsibility need to have an pointing out earlier today that he ject to removal from the country. That opportunity. thinks should go on, that people should would help provide some sanity. Jimmy Carter would be the person I be able to come into this country and would quote on this. I don’t know if he demand free health care from whom- b 2030 ever lived by it, but Jimmy Carter once ever. Most of the people I know on our And I know my dear friend from Iowa said, and I think it was when he was in side of the aisle take the position that was with me when we journeyed to the Iowa campaigning for the Presidency this country is such a blessing and United Kingdom, over to England, to and establishing the first-in-the-Nation that, through this country, we’ve been talk about immigration over there, and caucus. He said, I believe the people the most philanthropic country in the we had one conversation with some that work should live better than those

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00062 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.119 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11855 that don’t. That’s Jimmy Carter. And I support. It has only Democrat support, was held today in Judiciary that al- don’t know that he lived by it, but I be- and they’re behind closed doors. The lowed individuals to come to that room lieve those words made a lot of sense. American people can rise up, Madam and for members to listen to them on That’s why I remembered them. Speaker, and they can jam the tele- their stories about those family mem- I yield to the gentleman from Texas. phone lines and they can stall the bers that are sick. Yes, some did die, Mr. GOHMERT. I appreciate the gen- United States Senate and they can do but they spoke of their sickness. And I tleman’s yielding. so in the House of Representatives as am delighted but saddened that those And I note interesting headlines in well. They can convey this message to stories had to be told. The room had the news this evening. For example, kill this bad bill so we can start all doctors, patients coming together one article says, the headline, ‘‘Reid over with some real solutions, real so- around the question of why not? And if Targets Government Takeover of lutions, among them the list that I not now, then when? The Health Insurance.’’ Another says, have: tort reform, buy insurance across Congresspersons came from States as ‘‘Snowe,’’ talking, I’m sure, about Sen- State lines, portability, full deduct- far away as Ohio and Texas. They came ator SNOWE, ‘‘Rejects Reid Public Op- ibility, association health care plans, from Washington, D.C. They came from tion Plan.’’ Another says, ‘‘Democratic health savings accounts, transparency Michigan and Arizona and New York to Senator Lincoln, Public Option a Non- in billing, electronic medical records, listen to these various Americans com- starter.’’ Another headline, preserve catastrophic insurance, ex- ing from faraway places, as far away as ‘‘Lieberman Backs GOP Filibuster of tend COBRA. That’s just the top 10 on California, to talk about the tragedy of the Public Option.’’ Another Gallup my list. sickness and being alone. poll: ‘‘Conservatives Outnumber Mod- And here’s what I’d reject. I would Let me, first of all, start with the ob- erates.’’ say that if we are going to be able to vious question of what happens when So these can’t be too good of news. opt out, as HARRY REID said yesterday, America becomes sick? Well, right now This article from Monday says that in well, I’m going to opt out of this: I’ll we’re in the midst of a pandemic of an appearance at a Florida senior cen- opt out of abortions. I’ll opt out of H1N1. It has risen to the level of na- ter during the day, Speaker NANCY funding illegal aliens. I’ll opt out of the tional headlines. The President has de- PELOSI suggested a new name for the lawsuit abuses that are costing us bil- clared a national emergency. In fact, same approach to ease the opposition, lions every year. I’ll opt out of the tax newspaper articles are being written talking about the public option. She increases and the Medicaid cuts. that one in five children will become suggested, ‘‘the consumer option.’’ Madam Speaker, I want to kill this infected with influenza-type ailments. Representative DEBBIE WASSERMAN bill, and I appreciate your indulgence. So we know that our children are being SCHULTZ, a friend from across the aisle, f impacted negatively. Democrat from Florida, appearing at On this past Monday in my own con- HEALTH CARE REFORM PELOSI’s side, used the term ‘‘competi- gressional district, I held a hearing tive option.’’ The SPEAKER pro tempore (Ms. PIN- with leaders from the public health The article says, ‘‘Critics say that by GREE of Maine). Under the Speaker’s sector, the private health sector, Ben any name, the approach amounts to a announced policy of January 6, 2009, Taub Hospital, Harris County Hospital government takeover of the insurance the gentlewoman from Texas (Ms. District, Harris County Health Depart- industry,’’ with which I would tend to JACKSON-LEE) is recognized for 60 min- ment, the City of Houston Health De- agree. This article quotes Senator utes. partment, our school districts, commu- OLYMPIA SNOWE of Maine, the only Re- Ms. JACKSON-LEE of Texas. Madam nity citizens and leaders, who indicated publican to vote with Democrats on Speaker, let me express my apprecia- that, as we work with our government, health care so far this year, issued a tion for having the opportunity to the Federal Government, here’s how statement saying she was ‘‘deeply dis- share with my colleagues. you can do better. appointed’’ in the approach the Demo- Listening to my good friends who But as I was listening to their testi- cratic leader had chosen. have spent the last hour giving us the mony, I could just think of sick people, But, anyway, it can’t be too good of reason why, and usually in that ques- in this instance sick with H1N1. And news for ramming this bill down Amer- tion there is a sense of hopelessness what will my colleagues say if this ica’s throat and forcing us to take care and frustration, I rise today to speak of turned into the raging pandemic where of people who come into this country the answer, why not? After some 60 or lines and lines of people wrapped and immediately demand free health so years since the 1930s, 1940s, 1950s, around buildings, where people were care. and 1960s when America has attempted languishing in their apartments and We just have a difference of opinion to travel on the journey of health care home because they were sick and could across the aisle as to how that should reform, why not in 2009? not access doctors? be handled, but I also do know that we Frankly, I believe that we can. And As a member of the Homeland Secu- have friends across the aisle that sim- as I listened to my good friend Con- rity Committee, we were founded and ply do not believe that that will re- gressman GRAYSON some few days ago created after 9/11, the tragedy of unpre- store our country’s ability to avoid on this very floor and he asked individ- paredness in some circles. It was de- bankruptcy by ensuring and providing uals who tragically had lost loved ones fined as people and this Nation not health care to the world. because of the tragedy, the inequality being prepared. So, for example, our Mr. KING of Iowa. I thank the gen- of lack of health coverage, health care first responders who addressed this tleman. insurance, I join him, and I ask that question, our public health workers, Reclaiming my time, I know that we those who are sick today in America our Public Health Corps here in the are very near the end of this. But, and want to be heard, that they are United States Federal Government, Madam Speaker, the point that I would sick and getting sicker because of no FEMA, and others were doing what like to leave you with tonight is this: health care insurance, I would like you they could do, but they were overcome There was a time just 3 years ago when to write in on my Web site, United by the fact that so many people did not the American people rose up. They re- States Congress, Congresswoman SHEI- have access to medical care. jected a policy that was being driven LA JACKSON-LEE. Let us hear from you. through the House and the Senate, a For as we have lost, tragically, those b 2045 bipartisan policy driven by the Presi- who have passed, those countless fami- There were those who might have dent and Democrats and Republicans lies responding to a call for them to ex- been able to be cared for who were hesi- that was called ‘‘comprehensive immi- press their sadness and to provide us tant to go to a doctor. One, they could gration reform.’’ I called it ‘‘com- with this information, I know that not access one, and, two, they didn’t prehensive amnesty.’’ They rose up. there are those who are now suffering have the resources. Maybe they didn’t They jammed the telephone lines, and with their sickness alone because they have enough community federally they killed that bill. have no health insurance. qualified clinics, which is in H.R. 3200. This bill, this bad bill, affects more So, today, I rise to the floor to give Or maybe they had been denied insur- Americans. It does not have bipartisan sort of a summary of a hearing that ance because they had a preexisting

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00063 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.120 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11856 CONGRESSIONAL RECORD — HOUSE October 27, 2009 disease and they said they could take now languish who may be working, but cent said it was important to do so; 45 care of it themselves. They were on do not have the ability to access health percent called it extremely important; various over-the-counter drugs when in insurance. and 27 percent said it was quite impor- actuality they should have seen a doc- So I want to thank my colleagues tant. tor. Maybe they should have seen a and my chairman of the Judiciary What more do we need to do to make doctor at the first signs of the symp- Committee, Chairman JOHN CONYERS, it clear that we need to put that kind toms of this ailment and maybe they for co-hosting and granting me the op- of bill on the floor of the House and the could have kept others from being in- portunity to act on my idea, and that Representatives of the people need to fected. Health care becomes part of a was for this Congress to listen to the vote to ensure that the sick are re- national crisis. sick. And woe, did we listen to the sick sponded to. The sick that work, the I listened to some challenge to the today. From 9 a.m. to 2 p.m., we lis- sick that pay taxes, the sick that have Constitution about the right to health tened to people’s stories. And so I share children, the sick that own homes, be- care. I frankly believe that the Bill of with you, Madam Speaker, some of the fore catastrophic illnesses causes them Rights does embrace this concept be- excerpts of these stories. to go into foreclosures. cause the Fifth Amendment suggests I have in the backdrop what America The strength of the support con- the question of due process. And one will do if this surge, this pandemic of tinues to come from many Democrats does not have due process under the H1N1, begins to filter into every nook around the Nation. But let me tell you Constitution if your neighbor can have and cranny and find the uninsured, something: It is extremely important health insurance and save his children those who could not earlier get a flu to include the fact that more than one from the scourge of H1N1, not losing shot, those who don’t have access to a in three Republicans, 34 percent, want their lives because they might have physician to determine what they a public option and view it as being ex- vulnerabilities as a child, and you can- have. No doctor to give them Tamiflu, tremely important. As did 39 percent of not. no place to go. Not because our very Independents; 40 percent almost of So, Madam Speaker, everything is fine Federal authorities will not be Independents want a public option. intertwined. It is an action and a reac- having the opportunity to work with Now, some are arguing for a lot of tion. As I listened to the hearing, I local and State authorities to provide different issues. I, likewise, will be ad- made several remarks. This the Mon- offsite places for the H1N1 vaccination vocating to keep St. Joseph Hospital day congressional briefing where Mem- to take place as we get the doses and as open. Physician-owned hospitals have a bers of our delegation joined us and they are being produced, but who meritorious role in this Nation. They they listened to the idea or to the fact knows of those who will go unattended take care of the sickest of the sick. But that H1N1 is more widespread now than because of their lack of understanding as we do this, the question becomes ever before. Health authorities say al- or lack of information or lack of abil- why not in taking care of the sick. most 100 children have died from the ity to access a medical professional. So, let me begin recounting some of flu, and 46 States now have widespread Maybe they will crowd into the emer- the stories that were told to us from 9 flu activity. More than 5,000 people gency rooms and make it a national a.m. today, October 27, in the House have reportedly died from swine flu and unending crisis. Judiciary Committee room until 2 p.m. since it emerged this year and devel- In the hearing today, we mentioned It was certainly an appropriate forum, oped into a global epidemic. the Vietnam War, where we tragically a place of justice where people’s rights The World Health Organization said lost 50,000 of our brave and courageous are judged as we work through legisla- Friday since more countries have treasures of the United States. We active issues, making sure that every stopped counting individual swine flu knowledged their sacrifice and ex- person has a voice. cases, the figures are considered an un- pressed the horror of that loss of life, I listened to some of my colleagues derestimate. The flu has infected mil- although applauding their service to speak about the life and times of Dr. lions of Americans and killed nearly this country and never forgetting it. Martin Luther King, who himself un- 100 children in the United States. The But, Madam Speaker, without health derstood that there was a necessity in chief of the Centers for Disease Control insurance as I stand here today, we are this Nation to speak for the vulnerable, and Prevention said Friday that over losing 45,000 Americans every single in his leadership of the Poor People’s 1,000 people have died as a result, with year, a war that does not seem to have March, in his voice on the 1963 March 46 States reporting widespread H1N1 a peace table where we can sit down on Washington, and in his own eulogy activity. and resolve this conflict of those with on April 3, 1968, in speaking about this What happens as this is compounded no insurance because we are stuck, if Nation reaching the promised land, by the millions who are uninsured? you will, and people are not listening knowing that he might not get there Specifically, in Houston, Texas, there to the American people to be able to with us, but that we as a Nation, as a were two swine flu deaths confirmed on provide for a passage of H.R. 3200 with people, could find the kind of promised Wednesday, October 21, 2009, that have a vigorous public option, a bill that land that would provide people with brought the H1N1 death toll in Houston eliminates the preexisting conditions, equality for all. up to 15. The 15-count death toll in- that provides for opportunity for small I am very glad to have been able to cludes residents of many different businesses to be covered, that provides hear from the General Board of the areas surrounding Harris County. The for the children’s health insurance, Church and Society of the United State reported one new influenza-asso- that closes prescription part D, the Methodist Church. James Winkler, the ciated pediatric death last week. What horrible doughnut hole that no senior general secretary, came to this hearing do we say to that child’s parents? I ever wanted to hear about, that pro- today to speak of the commitment of don’t know whether they did not have tects Medicare and expands Medicaid his church body, recognizing their role. health coverage, but I can assure you and opens the doors of opportunity for In 35 congregations across the United that there will be those infected who all Americans. States, he said there are far too many do not. The child who died was an 11- Madam Speaker, The Wall Street people in our pews who have fallen year-old with significant underlying Journal has never been a paper of great through the cracks in our broken medical conditions. The child was not liberalism. They tell it like it is. How- health care system and they are not vaccinated for influenza for the current ever, many people not believe these able to afford insurance and they are season. Not H1N1, but the regular flu numbers. A Wall Street Journal-NBC ineligible for Medicaid. I ask the ques- shot. I can only imagine that there poll of today, October 27, 2009: Nearly tion again, why not? might have been some difficulty in three-quarters of Americans believe it He spoke to us about Barbara, an at- that child receiving that flu shot. So is extremely or quite important to give torney. Her husband and her children many are in that predicament. So Americans the choice between a gov- were covered by health insurance many do not have access to doctors and ernment-run care plan and a private through her law firm. She developed clinics and health insurance; or a vig- plan in any final health care bill, ac- cancer, received needed treatment; orous, robust public option which cording to the latest Wall Street Jour- and, fortunately, the cancer went into would help the millions of those who nal and NBC news poll. Some 73 per- remission. A few years later, however,

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00064 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.122 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11857 the cancer came back, and the family her hands. What an exotic life. Natalie therapy, radiation, experiencing pain was slated to be dropped from their Noel was willing to come to this place that I cannot begin to describe. I know health insurance. Sound familiar? Pre- and express the pain of what she has there are breast cancer survivors who existing disease. Barbara faced a deci- seen in her filming of New Orleans and live today because of that regimen, but sion no one should have to face, wheth- the survivors of Hurricane Katrina, but I also know that there are probably er or not to divorce her husband so also to tell her story of what happened those who are struggling alone. Some that he and their children could receive personally to her. may be recently getting the news and health insurance. The question is, is b 2100 wondering how they will be able to this our America? continue their health care. Let us hear So we can listen to a long list of Natalie Noelle, a journalist with your story. noes, a long list of proposals of what news from Indian country, she is also ‘‘Unable to work, I lost my hair, my bills many may have. And I have the an independent filmmaker; and, as she apartment, and found myself greatest respect for my colleagues. Ob- said proudly because she lives, a breast marginalized, humiliated, hopeless. My viously, when we drop legislation, we cancer survivor. She is a native of Mo- insurance was canceled.’’ Are there are sincere about it. But, Madam bile, Alabama, and of course she knew sick who hear us today and tonight Speaker, there will be many opportuni- well of the civil rights movement. who could tell that story, your insur- ties to address some of the very good Since August, 2007, she, working with ance was canceled? In a public option, ideas that many of our Members have. a media company, had been co-pro- no preexisting disease will disallow you I look forward to an ongoing debate on ducing ‘‘Reinventing Paradise.’’ This is from having insurance. health care, but we ask the question, a heart-wrenching documentary that ‘‘My insurance was canceled,’’ but Why not? In the middle of a surge of a tells the dramatic stories of Gulf Coast her testimony is, ‘‘Thankfully it was pandemic of H1N1, the swine flu, count- residents who suffered unimaginable canceled after covering my first year less persons in their homes right now hardships. As she was in the midst of or so of treatment, but my medical as we speak, maybe even suffering, doc- doing this, she became devastatingly bills continued to pile up.’’ She began toring themselves because they have sick with the disease of breast cancer. crawling back to life with the help of a no access to a physician. But as she was talking about her own former business partner and the sup- The General Board of the Church and story, she told us again about the peo- port of friends. Society of the of the United Methodist ple who are still suffering in New Orle- She recently moved to Pennsylvania Church and James Winkler, the general ans in the area, people who, with great where she was able to receive physical secretary, added this to his testimony strength of spirit and inspiring self-de- therapy and to complete her healing today. Michael, a college student, was termination, are struggling to rebuild process because of the public medical hit by a drunk driver and spent 3 days their lives, homes and communities. assistance program that the State of in a trauma hospital. Five months be- But the people are also faced with Pennsylvania has in place. Can you fore the accident, he was dropped from physical and psychological problems, imagine, she had to crawl her way back his parents’ health insurance because and they have little or no access to to a State that would allow her to fin- he turned 25 years of age. The very care, no access to care. Even in a video ish her health care? same population of 18 to 25 that a vig- that she showed in that room, an EMS What is the answer to the question, orous public option will help. worker began crying because of the why not? It is simply that we must How many parents are out there many people that she had to pick up pass H.R. 3200 for the sick, the sicker, right now knowing that their child is for mental health challenges; they and the sickest. going to graduate from college, or even were in crisis, and there were no health I want to make mention now of some knowing that their college’s health in- facilities for them to go to. of the doctors that came because I will surance plan is not enough. Your child She told this story as she began to tell some of their stories. But I wanted could be on a vigorous public option. tell of her fight as well. And her fight to have a poster that they actually Michael was ineligible for Medicaid be- was that she, too, took ill and was brought. They wanted us to read off cause he had also held down a job while enormously ill with cancer. Her story these names—the American Academy attending college to assist in his hos- was one of courage, but it was dev- of Family Physicians, the American pital expenses. During his 3-day hos- astating. In the middle of doing her Academy of Pediatrics, the American pital stay, he accumulated $97,000 in movie ‘‘Reinventing Paradise’’ she was College of Obstetricians and Gyne- medical expenses and is now in the diagnosed with stage three breast can- cologists, the American College of Phy- midst in a long physical rehabilitation, cer. She was suddenly hearing surgeons sicians, the American College of Sur- including major dental reconstructive recommend an immediate mastectomy. geons, the American Medical Associa- surgery. His mother managed to con- ‘‘At the time I had private insurance tion, the American Medical Student vince her employer to add COBRA ben- with Alabama’s single dominant car- Association, the American Osteopathic efits for this young man at an added rier and a comfortable apartment in Association, Doctors for America, the cost of over $1,000 per month to what Mobile.’’ And let me, Madam Speaker, National Medical Association, the Na- she is already paying for the rest of her for a moment just highlight that. tional Physicians Alliance and SCIU, family. Now the family faces financial What the robust public option will do the Committee of Interns and Resi- ruin because of the accident. will provide the competitive edge that dents, Doctors Council and National These are tragic stories that we hear we don’t have, will in fact save Ameri- Doctors Alliance. They wanted us to over and over again. James Winkler cans $110 billion. Can I simply ask the know that all of these members stand proceeded to say that the growing cost question, why not? Why would we re- for health care reform. And the large of health care means that many of our ject that underlying premise, that a print says, Did you know half a million clergy and their families have inad- vigorous robust option as documented doctors support health care reform? equate health care and that many of by the CBO that will save $110 billion Did you know that they support health our local churches have had to resort and it will provide an opportunity for care reform? to part-time pastoral leadership. Many your premiums to go down? And in Many of these doctors were present of our lay employees go without health States where there is only one or two with us in this hearing. Remember, benefits because of the high cost. insurers, you will have a competitive this was a hearing for the sick, the Madam Speaker, the stories of the element. You won’t close them down in sickest, and those family members who sick, those that live that are begging no way. So much of our health insur- had suffered, and doctors came to share this Congress to provide a vigorous and ance is based on employer-based insur- with us stories. And so as many as I robust public option. Our speakers ance, but you will give the opportunity can share with you tonight, I will do were many, but I am grateful that they for low-cost insurance and you would so. were willing to share their testimony. have answered the question that Noelle What about Joan S., Kosloff, whose What about the documentary film is speaking to us now. This is her son, Eric, lost his battle because of producer? One would think that she voice. Soon I was undergoing multiple lack of access to health care? Joan would have the world in the palm of surgeries, several courses of chemo- cried with us in that hearing. Joan was

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00065 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.123 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11858 CONGRESSIONAL RECORD — HOUSE October 27, 2009 comforted by the other witnesses. But live a full life, who were making good And what about the story of a young her son, Eric, who had a strong con- on their life and wanted to raise their doctor, so highly credentialed—George stitution, had bounced back from other children. This is a picture of Eric as his Washington University, faculty ap- illnesses, had previous bouts with sub- mother wanted us to see, vibrant, pointment, fellowship at NIH and instance abuse but was recovering and happy, serving those indigent clients ternship at Vanderbilt University. was leading his life as a lawyer who that he wanted to serve, providing Long before she earned a master’s in handled pro bono cases. He was an ad- them with justice. public health from Harvard and a med- vocate for those who could not speak What about Dr. Rebekah Gee—and I ical degree from the University of Chi- for themselves, and he was working on call her a miracle—another accident cago, she had dreams. She grew up as a behalf of those people. Around October victim hit broadside, both she and her child of a single parent in Detroit, 15, 2006, he was visiting in Philadelphia husband, by an SUV while they were Michigan. She saw the diseases that from Atlanta. The family noticed after riding on a motorcycle. She says in the came about through inequity and dis- a brunch and a happy time that he had hearing room that she was lucky. She parities in health care. She saw family a bad cold and suggested that he go to is the daughter of a university presi- members not have access to health a doctor when you get home, your dent and she had access to the best care. And this young girl, now a doctor, cough sounds terrible. medical care and services in the coun- had a dream; she wanted to serve those Occasionally, he went to the ER at try. I told her that she was a miracle. people. She wanted to serve you and an Atlanta public hospital. They pre- She is practicing OB/GYN now after you and you that are now sitting in scribed an antibiotic and sent him that terrible tragic accident. And her America with no health insurance. She home. Remember, he didn’t have a doc- husband did lose his life. But she ad- wanted to be your doctor, your pri- tor. He went to the emergency room. mitted that they did not have insur- mary care physician. ance, he did not have insurance, and This has been the plight of Americans b 2115 all over this country; their doctor is an she is where she is today because of the But yet, in the system that we have, emergency room. Those doctors are position her father had and the willing- she could not find a way to serve the overwhelmed. I’ve gone sometimes ness of their care to be at cost or not charged. poor, to serve individuals that did not with my mom, who is not Eric’s age, In my rehabilitation center, I spoke have access to health care and, in this but is 83. I know full well by being in to a young woman whose husband got instance, access because there are emergency rooms often that what you into a car accident—this is her talking probably no federally qualified commu- see is an inundated system. about when she was being rehabili- nity health clinics, not enough. These And so he went to the emergency tated. He was severely mentally dam- individuals did not either enroll or room. That was his doctor. They sent aged. A family with three children, she qualify for Medicaid. These individuals him home. He took the medicine and had stayed at home and he had worked didn’t have H.R. 3200 or health care re- he didn’t get better. His mother spoke several jobs. Not only did this young form to provide a robust public option. to him after the first trip to the ER woman have to deal with the fact that She couldn’t find a way. and heard him still coughing. On No- her husband would never be the same, So, in her own words, Dr. Anthony vember 18 he returned to the ER—re- but she would have to put all the said she boycotted and is boycotting member, not to a doctor, not to a pri- money that she saved towards medical America’s medical system today. She mary care provider, which, by the way, bills and lose her hope for helping her boycotted hospital care. She left the H.R. 3200 will provide enhanced oppor- children’s financial future. This was hospital treatment system because she tunities for primary care physicians as someone who was with her in the reha- could not treat patients because there well their specialists and other medical bilitation center. An accident or illness were these oversight boards that would professionals, such as nurses and nurse is punishment enough. That family, stop her from treating people who did practitioners and others who will help she was trying to say to us, was unlike not have insurance. They could be in in the medical system. He returned to her because she had resources through the hospital, but they would be sent the ER and was given a painkiller be- her father. Even though as a married home, and she would feel empty because he complained of severe head and couple they had no health insurance cause she was not able to provide them neck pain. It had codeine in it. His that would have covered her illness, with care. mother said, I can’t imagine giving co- she was in the same facility with a She told us about patients like her deine medication to a recovering sub- young woman who had children, whose Aunt Chris who couldn’t afford health stance abuser, and I cannot understand husband was severely mentally dam- insurance and, therefore, went without why the emergency room doctors did aged through an accident, and that per- preventive screening and was diagnosed not want to find the reason for his head son was going to have to pay. That was with invasive cervical cancer. She said and neck pain. a sick husband, a sick family member, she would never forget waiting for I don’t know if Eric took the medica- and they were going to have to pay and months to get her appointment at tion they gave him. Eric’s daughter pay and pay and pay because they had Cooke County or standing at the hos- came to visit him and they went to a no insurance. pital pharmacy waiting in line wrapped friend’s house. The next night he be- We listened to the sick, but they around the corner just to drop off the came violently ill and threw up. Re- were not worn out, they were not hate- prescription for her medication. Sadly, member, this person is walking around, ful, they were not angry. They were her aunt died in July of this year. not seeing any primary care physician, hurt, and they were pleading for us to There are patients like her grand- not under constant care, no insurance. do something for them. They were father, who died in May from complica- His roommates called his wife to pick pleading for H.R. 3200. They were plead- tions of CHF, leaving his retired wife up their daughter. She wanted to take ing and pleading and pleading and ask- with medical bills greater than the Eric to the hospital, but he told her he ing us to care. They were asking for a combined salaries of two physicians, or just wanted to sleep. He then fell into robust public option to bring down patients like her who were denied a semicoma and his housemates took costs in insurance premiums that em- health insurance from private insur- care of him and notified the authori- ployers and others provide. ance when they were unemployed. ties. They were asking us to care about She boycotted the health insurance Finally, they called 911. An ambu- having insurance for 18- to 30-year-olds system because she, in her own words, lance took Eric to the same hospital he who were in the prime of their life, but said that she was disgusted and dis- had been to 4 days previously. He never who are also at the beginning of their heartened by the reality that 90 per- regained consciousness. No doctor, no careers or they are in college. They’re cent of the patients I choose to serve as health insurance. Of course if he had a asking us to care about hardworking a doctor, my family and community, primary care physician he might have families who, because of the expenses could not get an appointment to see me been diagnosed with meningitis and of the day, did not have enough money if their life depended on it. She had dif- bacterial pneumonia. to pay for insurance. ficulty sleeping at night. These are stories of Americans who And so I ask not why, but I ask the Then she tells the story, this didn’t deserve to die, who wanted to question why not? credentialed doctor tells the story of

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00066 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.124 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11859 having boycotted the system, and be- So all of you parents, like myself, and his mother told me, in tears, how coming unemployed, she joined the 47 that have college-age children—they she had not been able to obtain a refer- million uninsured when she first moved have graduated since—who want to go ral to a dermatologist, the county pedi- to the District of Columbia. COBRA all the way around the world, in fact, atric dermatologist, one afternoon a was offered for approximately a thou- they want to go way around the world; month, clinic time. sand dollars a month, but she was un- they want to work maybe down in New That same day, to prevent the moth- employed and she owed $217,000 in med- Orleans, as my son did, way away from er from receiving a large medical bill, ical school loans and simply could not his school, in order to be able to work I did what I normally do. I got on the afford it. at that time—he was in college—with phone to a private insurance company The private insurance companies de- Hurricane Katrina survivors; or my and asked the insurance bureaucrat to nied her application for private insur- daughter, who went to the Mississippi agree to pay for the visit. As my other ance, including BCBS, Aetna, and Kai- Delta, way away from her school, to be patients had to wait for me, I wasted ser. She assumed her premiums would able to help and work with those in time on the phone trying to solicit be higher due to the height and weight that region. This young man went to preapproval from an insurance com- ratio, but I never imagined I would be the CDC. What parent could under- pany, but I could not sway the insur- flat out denied. Let me just say that stand that he did not have health in- ance gatekeeper. I tried my hardest to again so I can get it right. surance because he had to be in the make this bureaucrat understand the She accepted the fact that she was Washington, DC area? child’s bloody scabs, the mother’s going to have to pay very high pre- It didn’t cover me in Atlanta, he tears, but to no avail. The dermatolo- miums. She was willing to accept that. said. I qualified as underinsured. Aware gist took pity on the child and he did She has already got $217,000 in medical that we could not afford out-of-pocket what physicians often do, he saw the expenses. She thought maybe her phy- payment for a renal dialysis unit as child for free. sique would cause her to have in- was being recommended, my dad—his What a tragedy in this Nation. How creased payments. But can you imag- dad, a physician—drove him through can one accept this predicament? I ask ine this credentialed doctor could not the night from Atlanta, waking him the question, why not? get health insurance at all? She was every few minutes to see if he was re- I thank Dr. Blum for going the extra denied. mile, as so many of our doctors do day Madam Speaker, the loss of health sponsive. Let me see if I can get that. Here you after day and time after time. I know insurance is not a respecter of age. It is are driving, trying to get through the it well, as my area includes the Texas not a respecter of your economic sta- dark of night. You have got a child Medical Center, Texas Children’s Hos- tus. It’s not a respecter of region. It’s that you love sitting in the seat going pital, Hermann Memorial, Baylor, not a respecter of racial disparities or in and out of the consciousness, and Methodist, St. Luke’s, MD Anderson, what race you are. It is an equal oppor- you are trying to make sure that you and many others; St. Joseph’s, the Doc- tunity offender. It will attack those are checking on that child, rushing up who suffer disparities because they are tors Hospital on Tidwell, so many African American or Hispanic or Asian to get within the guidelines and bound- where doctors just say yes. They just or if you are older or if you are young- aries of Washington, DC, so that you say yes. But can you imagine? What could I er or if you have a preexisting disease can get medical care. Until we finally have done? What do you think Dr. or if you have lost your job. reached Washington, DC, the next It is not a respecter of anyone. If you morning, even those of us who choose Blum could have done? Could he have happen to have been wealthy and fallen to enter the profession of caring for taken a BlackBerry picture, an iPhone upon hard times and lost everything, if others are not immune to the dysfunc- picture of this 9-month-old baby? Could your home has been foreclosed, you tional health care system. he have squeezed it through the tele- will fall into the trap of having no ac- I thought that was a powerful state- phone for this bureaucrat to be able to cess to health care under this present ment that he, himself, had this con- answer? system. I don’t believe we can tolerate cern. He is, of course, concerned about A vigorous public option has to be this kind of system anymore. the 47 million uninsured and the 87 mil- the answer for there to be the kind of What about the story of a young phy- lion underinsured Americans who de- reality that we cannot allow this kind sician who wants to ensure that he serve better. He trained in pediatric of system to continue to take the lives does what his life dream was, Dr. Alex medicine at a county hospital outside of the sick, the sick who want to live, Blum, who is a physician, a pediatric of Los Angeles. At this county hos- the sick who deserve to live. This kind physician, who is concerned about pital, he cared for uninsured children, of condition is one that I believe can be making sure that he treats the sick those enrolled in SCHIP and Medicaid. enormously unacceptable. children that are out there right now What he enjoyed most about working Let me share with you some addi- whose parents don’t have health insur- within that system was that he pro- tional stories that I believe are impor- ance and they may not be enrolled in vided high-quality care to those who tant to make the story complete. We the Children’s Health Insurance Pro- needed it the most. were very pleased to have at our hear- gram because it has not been expanded His patients on Medicaid and SCHIP ing today the wife of Senator Ful- as we plan to do in this legislation, were able to easily see subspecialists. bright, Harriet Mayor Fulbright, who H.R. 3200. But let me tell you his story, But he has a story here, and let me just came to advocate—she did not have to personally, what happened to him. tell it to you quickly. do that—for a vigorous public option. Six years ago, he says, when he was a He once cared for a 9-month-old boy She could have continued her philan- medical student at Howard University who had a swollen face covered in a thropic work. We certainly know of the College of Medicine in Washington, DC, rash on his forehead and cheeks and great work of her husband, Senator J. he spent the summer doing an intern- raw in his neck folds. Any of us who William Fulbright, and the legacy that ship at the Centers for Disease Control picked up a bouncing baby, and we he had left. in Atlanta. Don’t we applaud that, a know how much we love to just nestle But she wanted to tell us of a condi- young doctor goes down to be an intern and kiss it. And just think of this baby tion that she was suffering. She had ex- at a Federal agency? It speaks to the with this rash. And many of us who are perienced anemia. There was a lot of call of President Obama for those moms and dads know how babies can different testing of what was her condi- young people to serve. He probably get chafe. This was raw rash, as he de- tion. Finally, she got a diagnosis. It in- could have gotten any other kind of in- scribed it. How painful this must have volved cancer. ternship. He became very sick. He went been for that little 9-month-old who She had a doctor at Johns Hopkins to the emergency room, was told he couldn’t express himself. He sat before whom she liked, as she said, from the was in acute kidney failure. The prob- me and scratched his arms and trunk start. He finally told her that even lem was that his medical school insur- and uncontrollably to the point of though the chemo was indeed killing ance only covered him if he got sick bleeding. Because of his constant the cancer, it was also causing such near Washington, DC, not Atlanta, scratching, his skin had started to damage to my immune system that he near Washington, DC. harden. He had uncontrolled eczema, felt I needed a second opinion. So he

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00067 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.126 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11860 CONGRESSIONAL RECORD — HOUSE October 27, 2009 suggested that she go to another spe- tion, so that that 9-month-old baby selves. They may try to ask a phar- cialist at Dana-Farber Cancer Insti- who could not speak for himself laying macist and get some over-the-counter tute. on that table blistering his own body, drugs. She saw another doctor, and in a few uncontrollably scratching, and not As one testified in our hearing as months her life began to improve. The knowing, just being a baby, an infant, well, another film producer who was complete transformation you now see, that someone would be so callous as to willing to say in her story that she and she was before us, and she looked refuse a treatment that could have oc- wound up asking friends who had simi- wonderful, came slowly, but it was like curred right there. Short of that doctor lar conditions, can I borrow your medi- a miracle, she said. I am not and can- saying yes, that baby would have gone cine? Dianne, who was a TV producer, not be cured, but I am in complete re- home with that mom. she told us that story. Many people do mission. Or the accident victim, the story that. She went on to say it came about be- that I heard in my own community, Madam Speaker, many of them as cause of a medical team extending where a car was totaled with a mom well not only do that, but they cut around the world, doctors who shared and a couple of her daughters’ friends, their medicine in half, or they don’t research findings and techniques free- and where one child may have refused take their medicine. How many seniors ly, swapping patient stories in an effort to go to the hospital, was told not to go do that? to treat us all with greater efficiency because that family member could not So we have to fix this system so that and compassion, brainstorming ideas afford the cost of the hospital, of the the cost of prescription drugs for sen- about how to spread the word about cost of the ambulance to take the child iors does not price them out of caring this disease so that future patients to the hospital. It was ultimately for themselves and taking the medicine would not go through a year of more worked out that the child could see a that they have. We must fix the system frustration. doctor. so that Medicare costs do not cause She wanted to emphasize to us it was But I don’t blame that parent or that Medicare to not be able to serve all of because she had health insurance of the family member. You have got to under- the seniors and those that need it. kind that would allow that to happen. stand what that means, what that By the way, Madam Speaker, if we But she came to tell us that she was means to those who are paying rent, just count the lives that were lost pre- not satisfied that her life was saved, providing for three and four children, 1965 before Medicare and look at the that she was sick, sicker and the sick- who are being the parent that we ask life expectancy term now, how much it est person that she could have imag- them to be, trying to provide for all has grown. I did not know my paternal ined, but now she has the opportunity the children. grandfather. My grandmother told me to play with her grandchildren because Or maybe the parent that stood up in that he died in the 1930s at home with she had health insurance. But she tes- my town hall meeting and said to me, pneumonia, not seeing any doctor, not tified today, as a sick person formerly, ‘‘What do we do? I have insurance. I having any insurance. That was Amer- now in remission, that she wants to see went to the doctor. I took it there and ica during that time. Congress even a vigorous public option. the doctor said, ‘This insurance is not from that time, the 1930s, the 1940s, the Again, we want to hear from the worth the paper it is written on. What 1950s and the 1960s, tried to do health sick, the sicker and the sickest, be- it says is it provides you with emer- care reform. How many lives, countless cause they are, in fact, the reason why gency care.’ My son needs a physical in lives, were lost because of the fact that we need to pass health care reform. order to go into school.’’ In order to we did not have health insurance? H.R. 3200 is health care reform legisla- start school, he needs a physical. So this hearing today was a moment tion that will, in fact, provide us the So many of us as Members of Con- in history, one that I was so very proud opportunity to save lives. gress in our town hall meetings on to be a part of. We heard from Dr. Lucy Madam Speaker, you know I men- health care reform heard those stories. Perez, a past president of the National tioned earlier 50,000-plus of our brave I told my staff immediately, we are Medical Association, who insisted elo- men and women died in Vietnam, how going to get her the care that she quently that we should have the right many we lost in World War II and needs. We are going to get that son a kind of health care reform that brings World War I and our other wars and, of physical. We referred her and made down premiums and allows access for course, the gulf war and the Iraq war, sure that she got the very next day or all Americans. Afghanistan, as we are still on the within a day or two into one of the We heard from Dr. Aziz, a renowned front lines. Federally qualified clinics. She knew and respected cardiologist. He has ex- nothing about it. tensive training in heart and lung b 2130 There are not very many in our com- transplants and was a co-director of Those are enormous tragedies and munity in Houston. We want to build the heart transplant program at the treasure that is lost. up in Texas. They are growing. We are University of Washington. This doctor I am very grateful that one of my looking to invest in one with Rev. advocated for a vigorous public option constituents that I have great admira- Ethan Ogletree, who is looking to put because he wanted to be able to use his tion for that we lost just recently, Dr. one in the Greenspoint area. We are skills on those who may not be the Michael E. DeBakey, whom we had the looking to work with the Acres Home wealthiest in America. He wanted to privilege of naming the veterans hos- community to ensure that we have one cure the heart problems and lung prob- pital after, was the doctor that created there. And others are planning such lems through surgery of those who now the MASH unit. clinics. Out of H.R. 3200, we will find languish in their apartments and Now, with modern technology we are the opportunity and the language and homes because they do not have health seeing our soldiers come home from the provision to establish Federally care insurance, who have not seen a the battlefield, even different from qualified community clinics. doctor, whose health is deteriorating, Vietnam, and even though we have lost But that young man was able to get whose heart disease is growing and ex- a high toll in Iraq and Afghanistan, we into one that our office provided him panding. are saving lives because of a public the access to, because that family did I do want to make mention of the health system, the military doctors not know about that opportunity, so fact that Eric in his death shared his who are in the field taking care of that he could get a physical and be able liver so that someone else might live. these brave men and women, allowing to return at that time to school. Can you imagine that person who need- them to come home to their families, a Madam Speaker, I don’t know how ed that liver not having health insur- government health care system. many more stories we need to hear. ance? Can you imagine that kind of I want the men and women who may There are so many. I know that there continuing crisis in America? live to serve in the United States mili- are people who are sick, who are denied It is important to note that doctors tary, or the child that may grow up to the access to a physician, or them- like Dr. Murphy came as well to speak join the United States military, to be selves make the decision that they are about the importance of letting the able to live if they would have access not going to go and get medical care. message of doctors from around the to health care and a vigorous public op- They are going to take care of them- country come out. The poster board

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00068 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.127 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11861 that I had that indicated that all these ance. You are selling management by I’ve had doctors who were historians doctors from all of these organizations health insurance companies of health indicate that before 1910—not even a are in fact supporting, they are sup- care. It is not insurance. full 100 years ago—before 1910, if you porting, health care reform. Look it up. Insurance is not paying a went to the doctor, the odds were about The question is not why, but the company to manage everything for 50–50 that you would actually be helped question is why not? We thank him for you. Insurance is when you pay a little by going to the doctor instead of being his presence. And we thank Elizabeth premium, a small premium, sometimes harmed by going to the doctor. Just Wiley, who came as a medical student monthly, sometimes quarterly, some- down the road out here you can get to and indicated that 62,000 medical stu- times for a whole year. You pay that to Mount Vernon, to George Washington’s dents across America are supporting a insure against some unforeseeable home. We have a beautiful painting vigorous public option. event out there in the future. over here similar to the one hanging in I believe, Madam Speaker, that the Now, when I was growing up in East the White House of George Washington, stories of the sick, as we mourn those Texas, there were precious few people all 6-foot-31⁄2. Though some say he was who have lost their lives, are potent that had any insurance, but the ones not that tall, they knew he was that and powerful. As we listened in the that did, they paid a tiny premium to tall when they measured him on the waning hours of this hearing and lis- insure against some catastrophic ill- slab after his death. But he died at an tened to many, many others, Dr. Ben ness overtaking them or some terrible age that was unexpected for him be- Carson joined in by telephone and told accident that left them in need of ex- cause he seemed to be in such good us, this great surgeon, of the need for pensive health care, and that insurance health. He had been out marking trees full access and the need for the ability would cover them. that were going to be cut down. He to be heard on this issue. For the rest of us, if you got sick, didn’t know that he might someday get Madam Speaker, I close by simply you knew exactly what the cost was at a carbon credit for them, so he had saying if the question is asked why, we each doctor’s clinic, at the hospital, marked them to be cut down. It was ask why not? A vigorous public option and you also knew if you got sick and during the cold and during the rain, will save lives; 45,000 die every single had to go to the doctor’s office what it and he got a cold. He didn’t get out of year. And to the sick who are listening, would cost. But if it was more than you his wet clothing very quickly. He had let us hear from you, because we will could pay, then there was usually dinner the night he came back. He be propelled by the cause and necessity someone near the front counter who didn’t do much about the cold. But be- of providing you, the sick, with good could work out a monthly payment for fore long, it began to overtake him. health care so that you might live. you to pay. But, as a patient, you had One of his closest friends in the world f control of your health care. was his doctor, Dr. Craik. I think he I have been intrigued. It just leaves was bled three times, and they just VACATING 5-MINUTE SPECIAL you with a broken heart to hear all the could not understand why they kept ORDER troubling stories from our colleagues draining out the bad blood, as they The SPEAKER pro tempore. Without across the aisle about the tragedies of thought, out of the great father of our objection, the ordering of a 5-minute sickness or accident. But I have heard country, and he just seemed to not be Special Order speech in favor of the the same thing except, many-fold getting better. They didn’t know the gentleman from Texas (Mr. GOHMERT) more, about socialized medicine. damage they were doing to this giant is vacated. As an exchange student in the Soviet of a man. There was no objection. Union in 1973, I had a chance to see so- But we get past 1910, and because of f cialized medicine up close and per- the free market system in this coun- sonal, the way it gets after it has ex- try, health care has been elevated to a PROVIDING AFFORDABLE, level never before seen in the history of ACCESSIBLE HEALTH CARE isted for a number of years. People rarely ever saw the same doctor when mankind. What is missing in some of The SPEAKER pro tempore. Under they went. the stories that have been told are the Speaker’s announced policy of Jan- The doctors, it was not an honor to some of the stories that I have person- uary 6, 2009, the gentleman from Texas be a doctor there. College students ally heard and have become familiar (Mr. GOHMERT) is recognized for 60 min- with whom I came in contact and got with. utes. to know, if they had a parent, a father Sue Clark lives in Tyler. She told me Mr. GOHMERT. Madam Speaker, it is or mother that was a doctor, they were that she emigrated from England. Her always an honor to be here on this not all that thrilled to tell you. They mother got cancer living in England floor where so much history has been were tickled to death to tell you if and, as is normally the case with so- made. I can’t help but think of the they had a parent that was assistant to cialized medicine, there, in Canada and quote from Thomas Jefferson: ‘‘The the assistant manager of a factory, but soon to be here if the health care bill natural course of things is for liberty not so much of doctors. either the House or the Senate is talk- to yield and government to gain.’’ Here in the United States, doctors ing about makes its way and gets What we have been faced with and traditionally have been paid well, and passed, signed into law, people will go what is being negotiated behind closed it has inspired the very best and on lists the same way here. So when doors, interesting negotiations, there brightest among us to aspire to go to the President says, We’re cutting $500 are no Republicans that have been al- medical school and become doctors to billion or so in Medicare, but we’re not lowed anywhere near, despite all the help people. And what seems to have going to deny coverage to anyone, not promises of the most open government been missing from heartrending story going to deny treatment, what we see that we would have once President after heartrending story are any good in these other countries is that they’re Obama was in the White House and stories. not technically denied treatment or Speaker PELOSI was Speaker and care. They’re put on lists. And as it 2145 HARRY REID was the Majority Leader b goes with socialized medicine, in order in the Senate. Those things just simply So if someone is visiting the United for the socialized medicine health care have not materialized. States, and the only exposure that system not to go broke, people end up I keep hearing people, and I have they have to hearing about our health dying on the list, waiting to get their heard them on both sides of the aisle, care is from the stories from our health care coverage. say we want health insurance for ev- friends across the aisle, they would cer- That’s what Sue said happened with eryone. What I want for everyone is tainly want to avoid U.S. hospitals, her mother. Because her mother got health care; health care that is afford- U.S. doctors and U.S. clinics because of cancer in England, she died of the can- able, health care that is accessible. all the terrible tragedies that seem to cer, which would have been an unneces- Health insurance? I gave a speech to be the only thing that occur; when the sary outcome, had she been living in health insurance folks here last year fact is, this country provides a better the United States, as Sue said. Sue got and I pointed out, you think you are level of care than anywhere not only in cancer here in the United States. She selling insurance, but this is not insur- the world but in history. didn’t go on a list. She is a secretary,

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00069 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.128 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11862 CONGRESSIONAL RECORD — HOUSE October 27, 2009 as I recall, and she said she didn’t go health insurance companies or the gov- But I know that she would outline that on a list. She knows she’s alive today ernment managing my health care. I sentence and say, The President needs because she emigrated from England want to make those decisions, and I to clean that up, just as she did with and got away from the socialized gov- want everybody else to have that same some of mine. ernment, single-payer health care, freedom. I want them to have coverage Anyway, he apparently is talking and whatever you want to call it, public op- where they can afford it, and I want thinking and trying to come up with tion. Over there it’s not a public op- them to have the best health care that an answer, kind of beating around the tion. It’s a public requirement. But, is available in this country, and that’s bush. But he goes on and says, ‘‘A lot anyway, her mother died of cancer be- doable. But not by socializing medi- of that is going to have to be—we as a cause she was in a country that had the cine. culture and as a society starting to kind of health care that those across You hear the stories over and over. make better decisions within our own the aisle—many of them that is, not all We heard about a company in Canada families and—and for ourselves.’’ of them—are aspiring to give us here. which, in order to attract the best and The President goes on and says, ‘‘But By the same token, I know person- brightest employees, was offering them what we can do is make sure that at ally of incredible stories, of people who the added perk that if you get sick and least some of the waste that exists in didn’t have money for health care and need surgery or need testing, we’ll put the system that’s not making any- doctors provided it, doctors who an- you on a plane and fly you to the body’s mom better, that is loading up swered the call in the middle of the United States to get it done within 24 on additional tests or additional drugs night and came rushing down to help, hours. That’s what they were offering that the evidence shows is not nec- even though they knew there was a as part of their contract because you essarily going to improve care, that at good chance they wouldn’t get paid. couldn’t get that in Canada, working least we can let doctors know and your Doctors, hospitals and clinics providing up there. But here if we emulate those mom know that, you know what, free care. I come back to my friends systems, you go on lists. maybe this isn’t going to help; maybe across the aisle who seem to indicate, The seniors, having lived on this you’re better off not having the sur- like the one indicated earlier today Earth for so long, they understand gery but taking a painkiller.’’ that the guy was told because he was what’s going on. They understand when That is the President’s answer. How not from here in the United States and you talk about cutting Medicare $500 ironic. She had just explained that her because he didn’t have health insur- billion what that means, that they’re mother had lived 5 or 6 years, a very ance and because he didn’t have $250 to expected to do as Robert Reich re- joyful life after the pacemaker, and pay cash, he could not demand and recently said, You know, they’re not here the President is saying, Maybe quire that the doctor he wanted to see going to get the health care they need you’re better off not having that pace- had to see him. My friend across the at the end of their lives; it’s too expen- maker surgery but just take a pain- aisle was upset about that. He was told sive. Basically, we’ll let them die with- killer. he’d have to go to the emergency room in a couple of months. The seniors get that. They under- to get that treatment. If you remember the President’s own stand what that means to them, and I’ve also talked to physicians who town hall meeting at the White House, they don’t need a death panel to read said that if there was any way to re- there was a lady there named Pam them the writing on the wall that quire even a $5 copay, it would root out Sturm. She had said that her mother comes from that kind of approach to so many of the people that just show was 99, close to 100. Her own doctor health care. up at the emergency room with colds, said that he couldn’t do any more un- I had one senior say that she’s con- things like I get—maybe because of the less she got a pacemaker, but that cerned that they’re cutting health care stress or I’m not getting more than 2 or seemed awfully old to be getting a costs for seniors because they know 3 hours sleep so often around here. We pacemaker. Everyone else said, Yeah, that’s where all the wisdom—not all of get colds. I don’t go to the hospital. I sure. Go for it, except, according to Ms. it but a great deal of most of the wis- don’t go to the doctor. We have got Sturm, the arrhythmia specialist. But dom resides. The longer you are great over-the-counter medical sup- he had never met her mother. Well, her around, hopefully the greater your wis- plies. So you can go pick them up. I doctor contacted the arrhythmia spe- dom grows. I know from having been a don’t use insurance for those kinds of cialist and said, You really need to judge that it is true. You live and you things. You just get what you need. I meet this lady before you make that learn. Unfortunately, there are those am familiar with what it costs. When I medical call. Don’t just do it off a list. who just live. Very unfortunate. Some went out on my own as an attorney and You really need to meet her. He met never get to that learning part. left the big firm I started with, I was her, and according to Pam, the spe- But we have seniors who have lived determined not to steal any clients, as cialist saw her and saw her joy of life, and learned. They’ve seen the threats I knew some lawyers had been accused and he said that he, indeed, was going of fascism. They’ve seen the threats of of doing. So I started out with next to forward with the pacemaker. It’s been 5 communism. The greatest generation nothing. That first year that I was on or 6 years since then. She’s now 105 and that provided us the protection and af- my own, my adjusted gross income was doing well, according to Pam. forded us the opportunity to enjoy the $12,000. We had a daughter who was Now the question she asked the blessings we enjoy, and now we say, about 2, and the only thing we could af- President, she wanted to know under ‘‘You know what, maybe you’re better ford to give her that Christmas was a President Obama’s plan what treat- off taking a painkiller’’? What have we free puppy dog that my late mother ment someone elderly could have, and come to? You know, are we so self-ab- had found and thought my daughter asked this question: ‘‘Outside the med- sorbed, and we look at the money that would love, and she did. ical criteria for prolonging the life for we’re throwing around from this body. I know something about having to somebody who is elderly, is there any We’re supposed to have the purse scrape and scrimp and build a business. consideration that can be given for a strings and have some self-restraint as Within 3 years of going out on my own, certain spirit, a certain joy of living, a an obligation to those who sent us I ended up paying more in income tax quality of life? Or is it just a medical here, and yet we pass a bill to spend than I ever made at the big firm where cutoff at a certain age?’’ $770 million on wild horse habitat to I went to work after I got out of the I watched the video, and I typed this buy them another area the size of West Army service. So I know something up so I could have every comment ex- Virginia so they can roam around more about scrimping. I know something actly right. President Obama said, when we have 3 million or so people, I about not having the money to give ‘‘We’re suggesting—and we’re not going understand, who have lost their habi- your child everything you want. I un- to solve every difficult problem in tats? Why aren’t we taking care of derstand. But the free market system, terms of end-of-life care.’’ My English their needs by creating new jobs and when allowed to work properly, can do teacher mother taught eighth grade creating the ability to afford health amazing things. English for most of her adult life, actu- care? But I’m telling you, Madam Speaker, ally taught me English my whole life My health care, my health insurance and I would tell the world, I don’t want and got frustrated with me quite a bit. here in Congress, is part of the same

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00070 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.130 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11863 big thick booklet that all other Fed- I want health insurance companies to player and the referee because they eral employees get to have, but it was get back into the business of insurance, don’t play fair when they’re the only costing over $1,000 a month. It was just and the way to do that is to have a player and the referee. They treat you too much. So I elected to go with a high deductible policy and to provide as some of our veterans have been health savings account, and it went to tax incentives for companies to pay treated or, should I say, mistreated. $300—well, it’s under $300 a month, but into employees’ own personal health What you want is the Federal Govern- a majority of that goes into my own savings accounts, not like the old kind ment to be the referee. health savings account. I’ve had some where if you don’t use it by the end of To me, if the insurance company got disagreements with the insurance com- the year, you lose it. No. If you don’t tagged for $3 million for some heinous pany. I hear lots of people say, Every- use it, it rolls over to the next year, way they handled somebody’s situa- body in America ought to be able to and it will accumulate and grow. And tion, that means the Federal Govern- have what our Congress has for health statisticians tell us that young people ment is doing its job. It provided an care insurance. in their twenties and thirties, the vast arena in the judiciary system where b 2200 majority of them, if they do that, will people could have a right of redress. have such tremendous accumulated That’s what we are supposed to do. And My answer to that is you don’t want amounts in their health savings ac- by having such a heavy hammer as the my insurance. I’m changing it at the count by the time they reach retire- arena of redress, forcing the free mar- end of the year. I don’t like it. I’m ment age that they won’t need nor ket players out there to play by the changing it at the end of the year. But want Federal assistance with their rules, to be fair and don’t mistreat peo- what you want is not the insurance I’ve health care decisions or payments be- ple, we do a better job when that is got right now, I don’t think. What you cause they can address it themselves what we concentrate on; not telling want are my choices, because I’ve got a with their own health care savings ac- automakers how to make cars or tak- big, thick book like everybody else in count and with the money that they ing control of all these other areas that here, and all the clerks, all the support have stored up. We provide tax advan- we seem to have taken control of in the staff and personnel, all the Federal em- tages for businesses to do that. last year or so. ployees have the same opportunities. Now, I do agree with those on both I want to go back to the comment of It’s not exclusive to Members of Con- sides of the aisle, and not everybody Thomas Jefferson: ‘‘The natural course gress. agrees but I think we do have some of things is for liberty to yield and the I do support I believe it’s H.R. 615 joint agreement, on the fact that we government to gain.’’ that JOHN FLEMING came up with that should have health insurance policies Of course, it was John Adams that a number of us have signed onto. I where the insurance company just commented, ‘‘In my many years I have think it’s a good bill, that Congress can’t up and cancel the insurance pol- come to the conclusion that one use- shouldn’t pass any health care system icy after you find out you have some less man is a shame, two is a law firm, created at least with legislation that dreaded disease. That seems grossly and three is a Congress.’’ What a wise we do not put ourselves on. It seems unfair. And I would agree that would man John Adams was. fair to me. But people should have be fair, and the Federal Government With regard to health insurance, my choices, and that will bring about bet- can do that. We can be about making bill that has been filed we have been ter health care options for people. sure there is a level playing field and trying to get CBO scoring on. But it But you have health insurance com- there’s fairness across the country. may be recalled that earlier this year panies right now managing health care. That’s what we are supposed to do. after CBO came out with a score on a It’s not insurance. They’re just taking This body was never intended to run Democratic bill that upset the White care of people’s health care. And it re- everyone’s life in the United States. House, the head of CBO, the Congres- minded me that—and someone, Madam But you give control, you give the cost sional Budget Office that does all the Speaker, may be interested in taking to the Federal Government of all scoring that people constantly refer to this idea and actually going public and health care in America, well, that can’t as this unbiased source, the head was trying to sell the public on the idea. be paid for by the Federal Government called over to the White House, called Maybe it will work. It sure worked in unless they get it from the people liv- to the woodshed at the White House. health care. And that is to tell people, ing in America; so they’re forced to tax And lo and behold, after that trip to You know what? Gasoline goes up. Americans more to pay for their health the White House, it’s amazing how CBO Sometimes it goes down, but it seems care, and then you have the Federal seemed to try to reach out and help the like more often it’s going up. So why Government, whose role is supposed to majority party, the majority in the don’t we tell the American public, be that of referee, not only being ref- House, the majority in the Senate, and Look, we will provide you what we will eree but being the player. the White House. call gasoline insurance. You pay us a I mean, we are constantly, it seems, 2210 truckload of money every month, and most every day having people come in b we’ll give you a copay and a deductible, who are having problems with the Vet- So Senator BAUCUS can rush in a bill, and then we will pay your gasoline bill erans Administration or the Social Se- rush in something that is not even a above that every month. How does that curity Administration, and it is such a bill, just a plan, and get them to score sound? Well, that’s what people are nightmare dealing with the Federal it. Well, I was told back in June that doing with health insurance, and Government when they are the player they would not score my health care they’re paying an awful lot of money. and the referee. There’s nobody else to bill unless I could get it into the form The same thing is true with Medicare go around. The Federal Government is of a bill that could be filed here in the and Medicaid. When you take the total it; whereas, if it took its role from our House. expenditures for Medicare and Med- original Constitution, it would be the Well, I couldn’t get my bill. I had the icaid in the year 2007—we’re still look- referee. plan all drafted, what we wanted in it, ing for 2008 full-year numbers, don’t I heard someone call into my friend and I could not get Legislative Counsel have them yet—we were approaching Sean Hannity’s show and he was berat- to put it into the form which is re- $10,000 average for every household in ing health insurance companies, and he quired in order to file it normally. And America to pay for Medicare and Med- said, One of your precious health insur- so we pushed and pushed. I told Newt icaid. A small percentage of the popu- ance companies had to settle a lawsuit Gingrich about my health care plan. He lation is on Medicare and Medicaid; yet for $3 million dollars and that’s why said you need to get that in bill form the average is $10,000 for every house- the Federal Government ought to be and get it scored. That should score. hold in America just to pay for Medi- providing the health insurance for Well, I tried and tried. I was told, well, care and Medicaid. That just seems health care. you are in the minority party and be- outrageous. There’s an easier way. I Well, he didn’t know what he was sides that, you are not on the Energy filed a bill that has a solution. There talking about because what that shows and Commerce Committee. So I got the are lots of other people that have sug- is you don’t want the Federal Govern- highest-ranking Republican, JOE BAR- gested solutions. ment in the business of being both the TON, who was extremely helpful. He

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00071 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.131 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11864 CONGRESSIONAL RECORD — HOUSE October 27, 2009 made the request. He and his office In a deacon body, you need to do so We want people to control their own started pushing to get my plan into a prayerfully and seeking truth in God’s destiny and have access to affordable bill form so I could file it. That wasn’t grace and help. In this body, it health care. I saw across America it good enough. We got other Repub- wouldn’t hurt to do that either. We was currently costing over $10,000; in licans. We kept pushing and pushing. It ought to listen to somebody. There 2007, it had gone from $8,500 to $9,200 a took about a month, but we finally got seems to be such an atmosphere of ar- household. For every household in it into bill form so we could go about rogance when someone will say that America, on average they were paying getting it scored by CBO. there is not one single thing that near- nearly $10,000 to cover the people on We got it filed on July 31, and there ly half of the Congress can contribute. Medicare and Medicaid. are some amendments that we have We all have basically the same num- We would be better off to say to our prepared in this bill here that I am ber of constituents. There are the same beloved seniors, you know what, we holding that we will file shortly. But number of constituents who elected can do better if we just pay for what we have been trying to get it scored by Speaker PELOSI that elected me from you need and we put cash money in CBO. We made the official request Au- my district. But it means just under your Health Savings Account. If you gust 19. We were told by CBO what we half of the country is now not allowed are an individual living alone, $2,500, if had heard from the Legislative Counsel input into the bills that are being it is two or more, $3,500 in your house- Office, you are not in the majority. We passed and put together in this body. hold Health Savings Account, and then knew that. I’m smarter than I look, We have some proposed solutions, and we will buy you health insurance to perhaps. Then we were told, and you the great thing is, as I have continued cover everything over that. are not on the committee of jurisdic- to talk to Democrats and Republicans, b 2220 tion, Energy and Commerce. So we got I find new things that will make my bill better. again Ranking Member JOE BARTON to You control the first amount, up to So one of the things that we deal assist and make the request. That was $2,500 or $3,500, with a debit card that is with is this issue of people owning coded so it will only pay for health done in September. And then we were their own policy. That is required in told later, you know what, you don’t care treatments, medications, over the my bill. An employer will have the tax counter, prescription drugs, the things have anybody from the joint commis- advantage, the business expense, of sion, tax commission, who has made you need for your health care; and then paying for employees’ health care in- health insurance, a private health in- this request. So we got the highest- surance, but that will change in the re- ranking Republican on the commission surance company, would provide insur- spect that it will now be the employ- ance for everything over that that was to make the request. ee’s policy. So that means if the em- Senator KAY BAILEY HUTCHINSON not elective. We’re not going to pay for ployee goes elsewhere or is fired, the liposuction, but if it’s not elective, down in the Senate had requested a business goes out of business, it is still scoring as a Senate amendment, and then it would take care of it. We’re bet- the employee’s policy and they can ter off doing that for seniors; then they she has not been successful in getting keep paying. We will get rid of COBRA. have absolute control of their own des- CBO to score that. I saw that after I left the Bench and tiny and they have full coverage so What happened to the fair govern- started running for Congress. My people like seniors and our families ment we were going to get when this health care was going to go up so dra- would not have to buy supplemental Obama administration took over? What matically under COBRA that I couldn’t Medicare coverage. happened to the fairness and the open- afford it. My wife and I cashed out I know that scares AARP. The loss of ness and treating both parties alike? every asset we had except our home in revenue would be just so traumatic to We have been shut out of all negotia- order to make the run for Congress. So AARP. I get it. I understand that. But tions. Unless the President has allowed I do know something about sacrifice. It it would be better for AARP’s members a Republican into the White House to is kind of tough when you know you if they didn’t have to buy the supple- talk health care in the last few weeks, can’t provide your children what you mental coverage from AARP, if they we had heard that it had been since know you could have if you had stayed didn’t have to buy wraparound cov- March since a Republican had been al- in the private sector, but that is what lowed in. we did. erage from some outside source, if we When he stood there at that second I came representing my constituents took care of it and gave them what level during the joint session and said, with their expectation that everybody, they deserve for handing us the great- Look, if you have solutions, my door is as Speaker PELOSI and President est country with the greatest freedoms always open. Well, lots of us have filed Obama and Senator REID have prom- in the history of the world. We owe bills. Lots of other Republicans have ised, that everybody would have input, that to them. That’s what we owe to plans that they would like to get into and we have been shut out. It really is those who have gone on before us. bills, but they can’t get Legislative a tragedy. To those who are coming behind, my Counsel’s assistance. I am still plug- For seniors, since Medicare came heart breaks. We’re spending money ging to get CBO’s assistance to score into existence, seniors have never had like it grows on trees. Of course we’re my bill. But amazingly, they fall prey complete coverage nor control of their printing it like it grew on trees. In- to the gimmickry of the Baucus bill of own health care. The government has stead, we’re cutting down massive for- saying, oh, well, 10 years of revenue had that control. They would have to ests and printing it. Chairman and 5 or 6 years of cost may come close find out if the government was going to Bernanke told us he wasn’t monetizing to balancing out and only costing the cover a medication or a procedure. the debt, and we find out it appears the country just under $900 billion. But as They would have to find out from the Federal Reserve is buying our debt we know, that has been bumped up to government. The only thing worse I with newly printed money. I wish that over $1 trillion. What happened to the can imagine would be if we had a sys- we could get Madam Speaker to bring openness and fairness? We have solu- tem like Canada or England where the the bill to the floor that has over 300 tions. We held them up so the Presi- government puts you on a list. And as cosponsors—it only takes 218 to pass— dent would see we have solutions. We one individual told me from Canada, that would require an audit of the Fed- would love to talk to him, to someone that his father needed bypass surgery eral Reserve, but we can’t get that to drafting the bills, because they are and he went on a list. He was told we the floor. good ideas. do make adjustments in the lists based In any event, we owe future genera- As I mentioned back during the days on our own determination. I can just tions so much better than we’re giving when I was on the active deacon status picture some guy in a cubicle looking them. And I just keep thinking about of my church, sometimes people would at the list, I think I will move this guy, how absurd, if a parent brought a say we all ought to be of the same not this one. He said he guessed wrong bunch of kids and grandkids into a mind here in this body. And my com- with my dad. He needed the bypass sur- bank and said, I need a loan because I ment was, unless one person has a 100 gery very quickly, he didn’t get it, and can’t stop spending, I’m just spending percent lock on God’s truth all the he died on the list, waiting to get by- wildly, it’s more than I earn, it’s more time, we ought to listen to each other. pass surgery for a number of months. than I could ever get, but I need a loan

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00072 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.133 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11865 so I can just keep spending—you know, In my bill, there is a specific provi- b 2230 $25 million on rare dogs and cats that sion that says, if you want a visa to They also, under my bill, would have don’t even live in the United States, come into this country—whether it’s a the right to know if you are providing $770 million for wild horses, $400 billion migrant worker visa or whether it’s a that service to anyone else cheaper. for a land omnibus bill, $800 billion for travel visa or whether it’s coming in They have the right to know how much a stimulus package that won’t stimu- for some extended stay to work here— it is. Chances are, if a health care pro- late anything, hasn’t saved jobs, it you have to show that you will be cov- vider is providing it cheaper to one doesn’t appear, just a few thousands of ered by health insurance either by your than they will with a health savings jobs while there has been millions lost; employer, by the household in which account or somebody with cash, then $800 billion for that? And don’t think you’re going to reside, that you will be that person with cash or the health that I exclude the TARP bailout, that part of their health insurance, you savings account will take their little ridiculous bill that never should have have to show that document or you debit card down the road, like we used been passed through this House 1 year don’t get a visa. It is a matter of na- to do growing up. The truth is we used ago. That’s part of the problem, spend- tional security that we not let people to go back and forth between doctors. ing money like crazy. coming in bankrupt the country. We’ve My parents were looking for a good Can you imagine that parent saying, got to get this under control. deal and didn’t have money to waste, give me the loan, and see all my kids The law of the land is—and has been and so you knew what things cost and and grandkids back here? I am going to we might go to a different doctor. But swear that when I’m gone and quit and allowed to stand—if you’re illegally in this country and you present you might know in advance. That’s the spending—because I’m dead—they’re way it ought to be now. You ought to going to pay it all back to you. That is for health care, you’ll get it. We believe in abiding by the law, and so that know, and you might get the same what we are doing. We owe them so deal, Madam Speaker, that Blue Cross much better after what we got in this will be addressed, that will be taken care of. You will get the health care. gets. That’s in this bill. country, and we’re leaving them debt Another thing would be that insur- But because it is, again, a matter of they will never be able to pay off and ance companies—and that’s in this bill, national security that you not be al- they will have to pass to their children and JOHN SHADEGG is the one that lowed to bankrupt our country, then if and their children’s children. talked about it so adamantly for so you’re here illegally and get free With us and this arrogant spending long. It’s a good idea. Insurance compa- health care, then you will be deported. that’s going on in this body—and I nies should be able to cross State lines. know it didn’t just start with the And since we can’t let you keep coming I have been looking on the Internet Democratic majority, but they’ve in to bankrupt this country, if you lately for some new term life insur- kicked it in exponentially since taking come back in, then it would be a crime. ance—and I am not giving out my e- the majority and especially since Janu- It’s not considered a crime right now, mail address, because I sure don’t want ary. They won the majority on prom- but if you come in illegally, get free any more of the spam that I keep get- ising America they would bring down health care, and then after being de- ting—but you can get that online. Peo- the spending, and it’s been exponential, ported come back in, that would be a ple are competing across the country, it seems, since then. We owe future crime under this bill. and there are some very good rates on generations so much better. Another thing we need, though, is life insurance. So we’re told, gee, the initial H.R. transparency. These are all part of Re- You ought to be able to do that with 3200, it was probably going to cost $1 to publican solutions. And it’s in this bill. health care insurance. People ought to $2 trillion. We were told the Baucus bill It’s in other people’s bills. Trans- be able to get as good of health care is going to be over $1 trillion. Folks, parency. People don’t know what it plans no matter who they are. But, un- the last numbers we were able to get is costs for health care. I have seniors get fortunately, under H.R. 3200, and basi- around 119 million households in Amer- scared. They say, wow, that costs cally the Baucus bill, as I understand ica, you divide 119 million households $30,000? Oh, my goodness. Thank good- it—I haven’t read it like I have 3200— into $1.19 trillion—which is a conserv- ness for Medicare because I only have you will not have a lot of choices. ative estimate of any of the Demo- $10,000 in the bank. I could never have There will be one basic plan. There will crats’ bills—and what you have is an paid for that. Well, guess what? It be one enhanced plan. There will be one additional $10,000 per household for didn’t cost $30,000. It probably didn’t premium plan. It may be that you are their health care bill that will not cost more than $3,000 for that $30,000 in in an area of the country where you cover all Americans, but will cover a care. only have one policy, the basic policy. lot of illegal immigrants in this coun- As I’ve mentioned before, I know of a The terms will be dictated by the Fed- try. My bill deals with that. specific instance where $10,000 in 2 days eral Government. By the way, this bill I have before It’s not choices. You may have a of hospital care, ambulance, doctors, me, it would be a choice for seniors; if number of companies initially that testing was paid in full by a health in- you want to keep Medicare, keep it, offer those, but if there is a public op- surance company for $800. Americans but I know in my heart that when you tion, then, just like with the flood in- ought to be able to do the same thing. see what an advantage it would be to surance, the government will put pri- It shouldn’t just be Blue Cross or some have the government give you a health vate insurance companies out of busi- other health care insurance company. savings account with cash in it and the ness and you will have one choice of Americans ought to be able to get the government pay for the insurance to company; that’s the Federal Govern- same good deal that insurance compa- cover anything over that, that’s the ment. You will have one plan, and nies or the government can get, and way people will want to go. And then that’s what’s dictated. My bill avoids they could do that if they had their eventually we will be able to bring that problem. down dramatically the cost. And as the health savings account and start sav- There are lots of solutions out there, young people move up, it costs less and ing. And even if someone is self-em- but I do want people to know that, less and we get this spending under ployed or wants to put in money of again, when they are told that you can control. their own, they can do that. That’s keep your own insurance company, But one of the things that we’ve pretax money if they’re willing to do here is the House bill here, 3200, Sec- heard is about how many people come that. Those are the kind of things that tion 102, the grandfathered health in- into this country knowing they’ve got would help us. surance coverage means an individual a health care problem, knowing they With regard to transparency, under has insurance coverage. In order to may need heart surgery, come in, this bill, health care providers would keep this, you have to meet these represent to the hospital, get heart sur- be required to provide you the exact quirements: gery. See, you can do that in this coun- cost of the treatment of whatever it is The insurance issuer offering such try; you can’t necessarily do that in you’re getting in the way of health coverage does not enroll any individual other countries. But we’ve got to rein care from the health care provider be- in such coverage if the first effective that in. fore the treatment. date of coverage is on or after the first

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00073 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.134 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE H11866 CONGRESSIONAL RECORD — HOUSE October 27, 2009 day of Y1. You can’t add a single indi- Madam Speaker, I yield back. Department of Defense, for military construction, and for defense activities of the vidual to your policy. If you do, you f will lose the policy. It’s a retirement Department of Energy, to prescribe military medical policy, and one more person LEAVE OF ABSENCE personnel strengths for such fiscal year, to provide special pays and allowances to cer- retires and goes on, that’s gone. You By unanimous consent, leave of ab- tain members of the Armed Forces, expand are back under the Federal bill here. sence was granted to: concurrent receipt of military retirement Then the second is the issuer does Mr. GERLACH (at the request of Mr. and VA disability benefits to disabled mili- not change any of its terms or condi- BOEHNER) for today on account of ill- tary retirees, and for other purposes. tions, including benefits and cost shar- ness. f ing. That means nobody is going to be f keeping their own health insurance ADJOURNMENT policy is exactly what it means. SPECIAL ORDERS GRANTED Mr. GOHMERT. Madam Speaker, I The other stuff, even if you take out By unanimous consent, permission to move that the House do now adjourn. the public option, this kind of stuff address the House, following the legis- The motion was agreed to; accord- that you can find in our 1,000-page lative program and any special orders ingly (at 10 o’clock and 35 minutes bill—and I bet this kind of stuff is in heretofore entered, was granted to: p.m.), the House adjourned until to- the Baucus Senate bill, studying re- (The following Members (at the re- morrow, Wednesday, October 28, 2009, ports. It shall, the commissioner, Sec- quest of Mr. CARNAHAN) to revise and at 10 a.m. retary of Health and Human Services, extend their remarks and include ex- f Secretary of Labor, shall conduct a traneous material:) study of the large group insured, self- EXECUTIVE COMMUNICATIONS, Mr. CUMMINGS, for 5 minutes, today. ETC. insured employer health care markets. Mr. GEORGE MILLER of California, for It will include types of employers by 5 minutes, today. Under clause 2 of rule XXIV, executive communications were taken from key characteristics, including size that Ms. WOOLSEY, for 5 minutes, today. the Speaker’s table and referred as fol- purchase insured products versus those Mr. DEFAZIO, for 5 minutes, today. lows: that self-insure. Similarities and dif- Ms. KAPTUR, for 5 minutes, today. ferences between typical insured, self- Mr. GRAYSON, for 5 minutes, today. 4299. A letter from the Program Analyst, insured health plans. The financial sol- (The following Members (at the re- Department of Transportation, transmitting the Department’s final rule — Congestion vency and capital reserve levels of em- quest of Mr. POE of Texas) to revise and ployers that self-insure by employer Management Rule for John F. Kennedy extend their remarks and include ex- International Airport and Newark Liberty size. The risk of self-insured employers traneous material:) not being able to pay obligations or International Airport [Docket No.: FAA-2008- Mr. POE of Texas, for 5 minutes, No- 0517; Amendment No. 93-93] (RIN: 2120-AJ48) otherwise becoming financially insol- vember 3. received October 13, 2009, pursuant to 5 vent. You get that, being able to pay Mr. JONES, for 5 minutes, November U.S.C. 801(a)(1)(A); to the Committee on obligations. 3. Transportation and Infrastructure. That means we are going to send in— 4300. A letter from the Program Analyst, Mr. FORTENBERRY, for 5 minutes, Department of Transportation, transmitting we have never balanced anything today. around here for very long. We are going the Department’s final rule — Congestion Mr. CARTER, for 5 minutes, October Management Rule for LaGuardia Airport to send in a Federal agent to help peo- 28. ple in private business, that we think [Docket No.: FAA-2006-25709; Amendment No. Mr. DEAL of Georgia, for 5 minutes, 93-92] (RIN: 2120-AJ49) received October 13, you are not making good decisions and October 28. 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the so we are going to help you run your Committee on Transportation and Infra- f business because you are not making structure. good calls. We are doing a study. I ENROLLED BILL AND JOINT 4301. A letter from the Program Analyst, mean, this opens the door for the Fed- RESOLUTION SIGNED Department of Transportation, transmitting eral Government to come in and serv- the Department’s final rule — Establishment Lorraine C. Miller, Clerk of the ice people in a way they don’t want to of Class E Airspace; Litle River, CA [Docket House, reported and found truly en- be serviced. No.: FAA-2009-0617; Airspace Docket No. 09- We don’t need the Federal takeover rolled a bill and joint resolution of the AWP-5] received October 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on of health care. We just don’t. We need House of the following titles, which were thereupon signed by the Speaker: Transportation and Infrastructure. a referee. We do not need the Federal 4302. A letter from the Program Analyst, H.R. 1209. An act to require the Secretary Government to be the player. That’s Department of Transportation, transmitting of the Treasury to mint coins in recognition the way it always works out. the Department’s final rule — Amendment of and celebration of the establishment of the I would encourage, Madam Speaker, Class E Airspace; Platteville, WI [Docket Medal of Honor in 1861, America’s highest No.: FAA-2009-0512; Airspace Docket No. 09- anyone in this body or anybody across award for valor in action against an enemy AGL-9] received October 13, 2009, pursuant to America who would like to know ex- force which can be bestowed upon an indi- 5 U.S.C. 801(a)(1)(A); to the Committee on actly what the President’s plan says, vidual serving in the Armed Services of the Transportation and Infrastructure. United States, to honor the American mili- because he has referred to it con- 4303. A letter from the Program Analyst, tary men and women who have been recipi- stantly, my bill, my plan, this bill, this Department of Transportation, transmitting ents of the Medal of Honor, and to promote plan, contact the White House if they the Department’s final rule — Modification awareness of what the Medal of Honor rep- would be interested and ask for a copy of Class E Airspace; Pueblo, CO [Docket No.: resents and how ordinary Americans, of the President’s bill. Anybody on this FAA-2009-0349; Airspace Docket No. 09-ANM- through courage, sacrifice, selfless service 6] received October 13, 2009, pursuant to 5 floor can do that, anybody across and patriotism, can challenge fate and U.S.C. 801(a)(1)(A); to the Committee on America. What you will find is what we change the course of history. Transportation and Infrastructure. finally found—the President has no H.J. Res. 26. Joint Resolution proclaiming 4304. A letter from the Regulations Officer/ Casimir Pulaski to be an honorary citizen of bill. There is no bill. There is no Presi- Attorney Advisor, FHWA, Department of the United States posthumously. dent’s bill, nothing there. All those Transportation, transmitting the Depart- claims about my bill, this bill, my bill, f ment’s final rule — Interoperability Require- it’s not there, doesn’t exist. They fi- ments, Standards, or Performance Specifica- nally admitted it. A BILL PRESENTED TO THE tions for Automated Toll Collection Systems Madam Speaker, I am so hopeful that PRESIDENT [FHWA Docket No.: FHWA-06-23597] (RIN: Americans will speak out and make Lorraine C. Miller, Clerk of the 2125-AF07) received October 13, 2009, pursuant sure that their Representatives or House reports that on October 26, 2009 to 5 U.S.C. 801(a)(1)(A); to the Committee on their Senators and the President know she presented to the President of the Transportation and Infrastructure. 4305. A letter from the Assistant Chief how they feel about the government United States, for his approval, the fol- Counsel, Department of Transportation, taking over another aspect of their lowing bill. transmitting the Department’s final rule — lives, and I hope and pray that doesn’t H.R. 2647. To authorize appropriations for Hazardous Materials: Revision of Require- happen. fiscal year 2010 for military activities of the ments for Emergency Response Telephone

VerDate Nov 24 2008 03:49 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00074 Fmt 7634 Sfmt 0634 E:\CR\FM\K27OC7.135 H27OCPT1 smartinez on DSKB9S0YB1PROD with HOUSE October 27, 2009 CONGRESSIONAL RECORD — HOUSE H11867 Numbers [RSPA Docket No.: 2006-26322 (HM- the Department’s final rule — Modification the Department’s final rule — Airworthiness 206F)] (RIN: 2137-AE21) received October 13, of Class E Airspace; Franklin, NC [Docket Directives; Glaser-Dirks Flugzeugbau GmbH 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the No.: FAA-2008-0986; Airspace Docket No. 08- Model DG-100 Gliders [Docket No.: FAA-2009- Committee on Transportation and Infra- ASO-15] received October 13, 2009, pursuant 0881; Directorate Identifier 2009-CE-050-AD; structure. to 5 U.S.C. 801(a)(1)(A); to the Committee on Amendment 39-16027; AD 2009-20-04] (RIN: 4306. A letter from the Program Analyst, Transportation and Infrastructure. 2120-AA64) received October 13, 2009, pursuant Department of Transportation, transmitting 4315. A letter from the Program Analyst, to 5 U.S.C. 801(a)(1)(A); to the Committee on the Department’s final rule — Airworthiness Department of Transportation, transmitting Transportation and Infrastructure. Directives; Boeing Model 737-300, -400, and the Department’s final rule — IFR Altitudes; 4324. A letter from the Program Analyst, -500 Series Airplanes Equipped with a Digital Miscellaneous Amendments [Docket No.: Department of Transportation, transmitting Transient Suppression Device (DTSD) In- 30689; Amdt. No. 483] received October 13, the Department’s final rule — Airworthiness stalled in Accordance with Supplemental 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Directives; Boeing Model 727 Airplanes Type Certificate (STC) ST00127BO [Docket Committee on Transportation and Infra- [Docket No.: FAA-2008-1117; Directorate No.: FAA-2009-0521; Directorate Identifier structure. Identifier 2008-NM-106-AD; Amendment 39- 2008-NM-187-AD; Amendment 39-16034; AD 4316. A letter from the Program Analyst, 16026; AD 2009-20-03] received October 13, 2009, 2009-20-11] (RIN: 2120-AA64) received October Department of Transportation, transmitting pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 13, 3009, pursuant to 5 U.S.C. 801(a)(1)(A); to the Department’s final rule — Airworthiness mittee on Transportation and Infrastruc- the Committee on Transportation and Infra- Directives; Boeing Model 747-100, -100B, -100B ture. structure. SUD, -200B, -200C, -200F, -300, -400, -400D, 4325. A letter from the Program Analyst, 4307. A letter from the Assistant Chief -400F, and 747SR Series Airplanes [Docket Department of Transportation, transmitting Counsel, Department of Transportation, No.: FAA-2009-0293; Directorate Identifier the Department’s final rule — Airworthiness transmitting the Department’s final rule — 2008-NM-221-AD; Amendment 39-16035; AD Directives; DORNIER LUFTAHRT GmbH Hazardous Materials; Minor Editorial Cor- 2009-20-12] (RIN: 2120-AA64) received October Models Dornier 228-100, Dornier 228-101, rections and Clarifications [Docket No.: 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to Dornier 228-200, Dornier 228-201, and Dornier PHMSA-2009-0237 (HM-244B)] (RIN: 2137-AE50) the Committee on Transportation and Infra- 228-202 Airplanes [Docket No.: FAA-2009-0574 received October 13, 2009, pursuant to 5 structure. Directorate Identifier 2009-CE-028-AD; U.S.C. 801(a)(1)(A); to the Committee on 4317. A letter from the Program Analyst, Amendment 39-16030; AD 2009-20-07] received Transportation and Infrastructure. Department of Transportation, transmitting October 13, 2009, pursuant to 5 U.S.C. 4308. A letter from the Paralegal, Depart- the Department’s final rule — Establishment 801(a)(1)(A); to the Committee on Transpor- ment of Transportation, transmitting the of Class D Airspace, Modification of Class E tation and Infrastructure. Department’s final rule — Bus Testing; Airspace; Bunnell, FL [Docket No.: FAA- 4326. A letter from the Chief, Trade & Com- Phase-In of Brake Performance and Emis- 2009-0327; Airspace Docket 09-ASO-014] re- mercial Regs. Branch, Department of Home- sions Testing, and Program Updates [Docket ceived October 13, 2009, pursuant to 5 U.S.C. land Security, transmitting the Depart- No.: FTA-2007-0011] (RIN: 2132-AA95) received 801(a)(1)(A); to the Committee on Transpor- ment’s final rule — Foreign Repairs to October 13, 2009, pursuant to 5 U.S.C. tation and Infrastructure. American Vessels [CBP Dec. 09-04] (RIN: 1505- 801(a)(1)(A); to the Committee on Transpor- 4318. A letter from the Program Analyst, AB71) received October 19, 2009, pursuant to 5 tation and Infrastructure. Department of Transportation, transmitting U.S.C. 801(a)(1)(A); to the Committee on 4309. A letter from the Program Analyst, the Department’s final rule — Modification Ways and Means. Department of Transportation, transmitting of Class D and E Airspace, Removal of Class the Department’s final rule — Standard In- E Airspace; Aguadilla, PR [Docket No.: FAA- f strument Approach Procedures, and Takeoff 2009-0053; Airspace Docket No. 09-ASO-11] re- PUBLIC BILLS AND RESOLUTIONS Minimums and Obstacle Departure Proce- ceived October 13, 2009, pursuant to 5 U.S.C. dures; Miscellaneous Amendments [Docket 801(a)(1)(A); to the Committee on Transpor- Under clause 2 of rule XII, public No.: 30686; Amdt. No. 3339] received October tation and Infrastructure. bills and resolutions of the following 13, 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to 4319. A letter from the Program Analyst, titles were introduced and severally re- the Committee on Transportation and Infra- Department of Transportation, transmitting ferred, as follows: structure. the Department’s final rule — Airworthiness 4310. A letter from the Program Analyst, Directives; Teledyne Continental Motors O- By Mr. BARTON of Texas (for himself, Department of Transportation, transmitting 470, IO-470, TSIO-470, IO-520, TSIO-520, IO-550, Mr. SHIMKUS, Mrs. BONO MACK, Mr. the Department’s final rule — Standard In- and IOF-550 Series Reciprocating Engines TERRY, Mr. SULLIVAN, Mr. BURGESS, strument Approach Procedures, and Takeoff [Docket No.: FAA-2009-0367; Directorate Mrs. BLACKBURN, and Mr. WALDEN): Minimums and Obstacle Departure Proce- Identifier 2009-NE-10-AD; Amendment 39- H.R. 3932. A bill to expand the authority of dures; Miscellaneous Amendments [Docket 16023; AD 2009-19-06] (RIN: 2120-AA64) received the Secretary of Health and Human Services No.: 30685 Amdt. No 3338] received October 13, October 13, 2009, pursuant to 5 U.S.C. to impose debarments in order to ensure the 2009, pursuant to 5 U.S.C. 801(a)(1)(A); to the 801(a)(1)(A); to the Committee on Transpor- integrity of drug, biological product, and de- Committee on Transportation and Infra- tation and Infrastructure. vice regulation, and for other purposes; to structure. 4320. A letter from the Program Analyst, the Committee on Energy and Commerce. 4311. A letter from the Program Analyst, Department of Transportation, transmitting By Mr. RANGEL (for himself, Mr. NEAL Department of Transportation, transmitting the Department’s final rule — Establishment of Massachusetts, Mr. STARK, Mr. the Department’s final rule — Establishment of Class D Airspace and Amendment of Class LEVIN, Mr. VAN HOLLEN, Mr. MEEK of of Restricted Area R-2502A; Fort Irwin, CA E Airspace; North Bend, OR [Docket FAA Florida, Mr. DAVIS of Illinois, and [Docket No.: FAA-2009-0490; Airspace Docket No.: FAA-2008-0006; Airspace Docket No. 08- Ms. LINDA T. SA´ NCHEZ of California): No. 09-AWP-3] (RIN: 2120-AA66) received Oc- NM-1] received October 13, 2009, pursuant to H.R. 3933. A bill to amend the Internal Rev- tober 13, 2009, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on enue Code of 1986 to prevent the avoidance of 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. tax on income from assets held abroad, and tation and Infrastructure. 4321. A letter from the Program Analyst, for other purposes; to the Committee on 4312. A letter from the Program Analyst, Department of Transportation, transmitting Ways and Means. Department of Transportation, transmitting the Department’s final rule — Airworthiness By Mr. COBLE: the Department’s final rule — Airworthiness Directives; Airbus Model A310-203 and -222 H.R. 3934. A bill to amend title 5, United Directives; Glaser-Dirks Flugzeugbau GmbH Airplanes and Model A300 B4-620 Airplanes States Code, to require at least biennial re- Model DG-100 Gliders [Docket No.: FAA-2009- [Docket No.: FAA-2009-0431; Directorate view of the per diem allowances and the 0897; Directorate Identifier 2009-CE-048-AD; Identifier 2007-NM-174-AD; Amendment 39- maximum reimbursement amounts estab- Amendment 39-16036; AD 2009-20-13] (RIN: 16029; AD 2009-20-06] received October 13, 2009, lished for official travel by Federal employ- 2120-AA64) received October 13, 2009, pursuant pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ees to localities that include, or that are ad- to 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Transportation and Infrastruc- jacent to localities that include, certain Transportation and Infrastructure. ture. military installations; to the Committee on 4313. A letter from the Program Analyst, 4322. A letter from the Program Analyst, Oversight and Government Reform. Department of Transportation, transmitting Department of Transportation, transmitting By Mr. LATOURETTE: the Department’s final rule — Airworthiness the Department’s final rule — Airworthiness H.R. 3935. A bill to establish a temporary Directives; Boeing Model 767-200 and -300 Se- Directives; Airbus Model A318, A319, A320, minimum price for Class II and Class III ries Airplanes [Docket No.: FAA-2008-0682; and A321 Series Airplanes [Docket No.: FAA- milk under Federal milk marketing orders, Directorate Identifier 2001-NM-237-AD; 2007-0390; Directorate Identifier 2007-NM-260- and for other purposes; to the Committee on Amendment 39-16025; AD 2009-20-02] (RIN: AD; Amendment 39-16028; AD 2009-20-05] re- Agriculture. 2120-AA64) received October 13, 2009, pursuant ceived October 13, 2009, pursuant to 5 U.S.C. By Mr. POMEROY (for himself and Mr. to 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- TIBERI): Transportation and Infrastructure. tation and Infrastructure. H.R. 3936. A bill to amend the Employee 4314. A letter from the Program Analyst, 4323. A letter from the Program Analyst, Retirement Income Security Act of 1974 and Department of Transportation, transmitting Department of Transportation, transmitting the Internal Revenue Code of 1986 to allow

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time for pensions to fund benefit obligations and Labor, and in addition to the Committee DELAHUNT, Mr. NADLER of New York, and Mr. in light of economic circumstances in the fi- on Armed Services, for a period to be subse- FATTAH. nancial markets of 2008, and for other pur- quently determined by the Speaker, in each H.R. 1207: Mr. BISHOP of Georgia. poses; to the Committee on Education and case for consideration of such provisions as H.R. 1240: Mr. DUNCAN. Labor, and in addition to the Committee on fall within the jurisdiction of the committee H.R. 1283: Mr. PIERLUISI. Ways and Means, for a period to be subse- concerned. H.R. 1300: Mr. PENCE. quently determined by the Speaker, in each By Mr. FILNER: H.R. 1326: Mr. CLAY and Mr. BUCHANAN. case for consideration of such provisions as H.R. 3944. A bill to amend part Q of title I H.R. 1340: Ms. BALDWIN. fall within the jurisdiction of the committee of the Omnibus Crime Control and Safe H.R. 1378: Ms. VELA´ ZQUEZ, Mr. SPACE, Mr. concerned. Streets Act of 1968 to authorize grant funds KRATOVIL, Mr. PRICE of North Carolina, Mr. By Mr. TERRY: to be used for Troops-to-Cops program; to PLATTS, Mr. HALL of New York, Mr. MITCH- H.R. 3937. A bill to establish a health bene- the Committee on the Judiciary. ELL, Mr. CONYERS, Mr. MORAN of Virginia, fits program, based on the Federal employ- By Mr. SPRATT: Mr. PETERS, Mr. ROGERS of Alabama, Mr. ees health benefits program, to provide H.R. 3945. A bill to suspend temporarily the TIERNEY, Mr. NYE, and Mr. MASSA. health insurance coverage for the President, duty on Himic Anhydride; to the Committee H.R. 1423: Mr. LATOURETTE, Mr. PETERS, Vice President, and Members of Congress, on Ways and Means. Mr. DAVIS of Illinois, Mr. CARSON of Indiana, and citizens not eligible for coverage under By Mr. STUPAK (for himself and Mrs. and Ms. DEGETTE. the Federal employees health benefits pro- MILLER of Michigan): H.R. 1479: Ms. CHU. gram; to the Committee on Energy and Com- H.R. 3946. A bill to amend the Federal H.R. 1522: Mr. BOREN and Mr. HALL of New merce, and in addition to the Committees on Water Pollution Control Act to prohibit the York. Oversight and Government Reform, Edu- sale of dishwashing detergent in the United H.R. 1526: Mr. WELCH, Mr. WITTMAN, and cation and Labor, and Ways and Means, for a States if the detergent contains a high level Mr. PERRIELLO. period to be subsequently determined by the of phosphorus, and for other purposes; to the H.R. 1548: Mr. TERRY. Speaker, in each case for consideration of Committee on Transportation and Infra- H.R. 1549: Mr. WEINER, Ms. WOOLSEY, and such provisions as fall within the jurisdic- structure. Ms. SUTTON. tion of the committee concerned. By Mr. SMITH of Texas: H.R. 1585: Mr. WALZ. By Mr. ADERHOLT: H. Res. 871. A resolution directing the At- H.R. 1670: Mr. BERMAN. H.R. 3938. A bill to suspend temporarily the torney General to transmit to the House of H.R. 1708: Mr. LEVIN. duty on certain nonwoven polypropylene Representatives certain documents, records, H.R. 1826: Mrs. MCCARTHY of New York. zippered sleeping bag carry cases, not under memos, correspondence, and other commu- H.R. 1835: Mr. DANIEL E. LUNGREN of Cali- 77.5 cm in circumference and not exceeding nications regarding medical malpractice re- fornia and Mr. WITTMAN. 106.7 cm in circumference; to the Committee form; to the Committee on the Judiciary. H.R. 1844: Mr. HONDA. on Ways and Means. By Mr. MACK (for himself and Mr. H.R. 1960: Mr. TIAHRT. By Mr. FARR (for himself, Mr. PAUL, KLEIN of Florida): H.R. 1977: Mr. MASSA. Mr. COHEN, Mr. ROHRABACHER, Mr. H. Res. 872. A resolution calling for the H.R. 2000: Mr. MURPHY of New York, Mr. FRANK of Massachusetts, Mr. HIN- Bolivarian Republic of Venezuela to be des- MARKEY of Massachusetts, and Mr. HILL. CHEY, Mr. KUCINICH, Mr. WAXMAN, Mr. ignated a state sponsor of terrorism for its H.R. 2006: Mr. DAVIS of Illinois and Mr. MICHAUD, Ms. BALDWIN, Mr. BERMAN, support of Iran, Hezbollah, and the Revolu- KRATOVIL. Mrs. CAPPS, Mr. GRIJALVA, Mr. POLIS tionary Armed Forces of Columbia (FARC); H.R. 2017: Mr. PERRIELLO. of Colorado, Mr. STARK, Ms. WOOL- to the Committee on Foreign Affairs. H.R. 2136: Mr. SCOTT of Virginia, Mr. SEY, Mr. SHERMAN, Mr. HONDA, Mr. By Mr. ROHRABACHER (for himself MINNICK, Mr. KILDEE, Mr. SHERMAN, Mr. HIN- MCGOVERN, Ms. SCHAKOWSKY, Ms. and Mr. DAVIS of Tennessee): CHEY, and Mr. WHITFIELD. ESHOO, Ms. BERKLEY, Mr. MORAN of H. Res. 873. A resolution establishing a H.R. 2138: Mr. BISHOP of New York. Virginia, and Mr. GEORGE MILLER of United States Consulate in the Kurdistan H.R. 2161: Ms. KILPATRICK of Michigan. California): Region of Iraq; to the Committee on Foreign H.R. 2194: Mr. EDWARDS of Texas and Mr. H.R. 3939. A bill to amend title 18, United Affairs. TANNER. States Code, to provide an affirmative de- H.R. 2227: Mr. KLINE of Minnesota. fense for the medical use of marijuana in ac- f H.R. 2254: Mr. HIMES, Mr. KLINE of Min- cordance with the laws of the various States, nesota, Ms. KILROY, Mr. ANDREWS, Ms. TSON- and for other purpose; to the Committee on ADDITIONAL SPONSORS GAS, and Mrs. KIRKPATRICK of Arizona. the Judiciary. Under clause 7 of rule XII, sponsors H.R. 2273: Ms. HARMAN. By Ms. BORDALLO: were added to public bills and resolu- H.R. 2279: Mr. FRANK of Massachusetts, Mr. H.R. 3940. A bill to authorize the Secretary tions as follows: MCGOVERN, and Mr. ORTIZ. of the Interior to extend grants and other as- H.R. 2296: Mr. UPTON. sistance to facilitate a political status public H.R. 99: Mr. SESSIONS. H.R. 2365: Mr. TIM MURPHY of Pennsyl- education program for the people of Guam; H.R. 104: Mr. WATT. vania. to the Committee on Natural Resources. H.R. 182: Mr. MAFFEI. H.R. 2372: Mr. WILSON of South Carolina. By Mr. BURGESS: H.R. 345: Mr. THOMPSON of Pennsylvania. H.R. 2382: Mr. HALL of New York. H.R. 3941. A bill to amend the Internal Rev- H.R. 413: Mr. JACKSON of Illinois, Ms. WAT- H.R. 2452: Mr. MILLER of Florida, Mr. enue Code of 1986 to eliminate the temporary SON, Mr. BARROW, Mr. PRICE of North Caro- STEARNS, and Mr. WELCH. increase in unemployment tax; to the Com- lina, Mr. SERRANO, Mr. HALL of New York, H.R. 2478: Mr. DEFAZIO. mittee on Ways and Means. Mr. HINCHEY, Mr. WEXLER, and Ms. MCCOL- H.R. 2579: Mr. POLIS and Mr. JOHNSON of By Mr. BURGESS (for himself, Mr. LUM. Georgia. BRADY of Pennsylvania, Mr. GORDON H.R. 442: Mr. LINDER. H.R. 2642: Mr. COURTNEY. of Tennessee, Mr. MARSHALL, Ms. H.R. 503: Ms. TSONGAS, Mr. TONKO, and Mr. H.R. 2699: Mr. CONNOLLY of Virginia. ESHOO, Ms. MCCOLLUM, Mr. KILDEE. H.R. 2708: Mr. MCDERMOTT. HENSARLING, Mr. MCCOTTER, Mr. SES- H.R. 510: Mr. NYE and Mr. HOLDEN. H.R. 2715: Mr. MCCLINTOCK. SIONS, Mr. WITTMAN, Mr. WOLF, Ms. H.R. 517: Mr. MCMAHON. H.R. 2799: Mr. CARSON of Indiana, Mr. ZOE LOFGREN of California, and Mr. H.R. 534: Mr. JONES. BROUN of Georgia, and Mr. REHBERG. PLATTS): H.R. 537: Mr. HILL. H.R. 2807: Mrs. NAPOLITANO. H.R. 3942. A bill to provide for the issuance H.R. 644: Mr. GEORGE MILLER of California. H.R. 2831: Mr. KRATOVIL. of a veterans health care stamp; to the Com- H.R. 678: Mr. WOLF, Mr. SCHIFF, Mr. KEN- H.R. 2894: Ms. KOSMAS. mittee on Oversight and Government Re- NEDY, and Ms. SUTTON. H.R. 2900: Mr. CASSIDY. form, and in addition to the Committee on H.R. 690: Ms. EDDIE BERNICE JOHNSON of H.R. 2931: Mr. HEINRICH. Veterans’ Affairs, for a period to be subse- Texas. H.R. 2964: Ms. GINNY BROWN-WAITE of Flor- quently determined by the Speaker, in each H.R. 697: Ms. TSONGAS. ida. case for consideration of such provisions as H.R. 734: Ms. DEGETTE and Mr. QUIGLEY. H.R. 2999: Mr. BARROW, Mr. FARR, Mr. ROG- fall within the jurisdiction of the committee H.R. 769: Mr. ROTHMAN of New Jersey. ERS of Michigan, Mr. YOUNG of Florida, Mrs. concerned. H.R. 795: Mr. CARSON of Indiana. NAPOLITANO, and Mr. MCGOVERN. By Mr. COURTNEY (for himself, Mr. H.R. 816: Mr. BACHUS. H.R. 3053: Mr. TOWNS. PETRI, and Ms. MATSUI): H.R. 848: Ms. SUTTON. H.R. 3185: Mr. GRIJALVA. H.R. 3943. A bill to amend the Elementary H.R. 868: Mr. SMITH of New Jersey and Mr. H.R. 3186: Mr. BOREN. and Secondary Education Act of 1965 to ROSS. H.R. 3407: Ms. KOSMAS. allow members of the Armed Forces who H.R. 877: Mr. LATTA. H.R. 3421: Mr. DOGGETT and Mr. HINOJOSA. served on active duty on or after September H.R. 901: Mr. RANGEL and Mr. ELLISON. H.R. 3458: Mr. MCDERMOTT. 11, 2001, to be eligible to participate in the H.R. 1074: Mr. UPTON. H.R. 3463: Mr. TIAHRT and Mr. SCHOCK. Troops-to-Teachers Program, and for other H.R. 1182: Mr. MCHENRY, Mr. HASTINGS of H.R. 3486: Mr. MCCOTTER and Mr. purposes; to the Committee on Education Washington, Mr. BOREN, Mr. SERRANO, Mr. MCMAHON.

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H.R. 3559: Ms. BERKLEY. H. J. Res. 11: Mr. LAMBORN. WEXLER, Mr. ELLISON, Mr. ENGEL, and Ms. H.R. 3564: Mr. CONYERS, Mr. GRIJALVA, and H. Con. Res. 42: Mr. CARSON of Indiana. WATSON. Mr. RANGEL. H. Con. Res. 43: Mr. CARSON of Indiana. H. Res. 866: Ms. BORDALLO, Mrs. EMERSON, H.R. 3577: Mr. ROGERS of Alabama and Mr. H. Con. Res. 128: Mr. CONYERS. Mrs. CAPPS, Mrs. MALONEY, Mr. HOYER, Mr. COSTELLO. H. Con. Res. 160: Mr. RAHALL, Mr. BU- CHILDERS, Mr. LEVIN, and Mr. DREIER. H.R. 3596: Ms. WATERS, Mr. ROTHMAN of CHANAN, and Mr. BOCCIERI. H. Res. 867: Mr. PAULSEN, Mr. CANTOR, Mr. New Jersey, Mr. ELLISON, and Mr. SHERMAN. H. Con. Res. 170: Mr. MCHENRY. BLUNT, Mr. MCCOTTER, Mrs. BACHMANN, Mr. H.R. 3613: Mr. PAUL, Mr. BARTLETT, and H. Con. Res. 198: Mr. HIMES, Mr. CUMMINGS, ROE of Tennessee, Mr. BUCHANAN, Mr. SES- Mr. CAO. Ms. GINNY BROWN-WAITE of Florida, and Mr. SIONS, Mr. LOBIONDO, Mr. TOWNS, Ms. BERK- H.R. 3633: Mr. MORAN of Virginia. SIRES. LEY, Mr. MORAN of Kansas, Mr. H.R. 3634: Mr. KILDEE, Mr. SCHAUER, Mrs. H. Res. 89: Mr. PERLMUTTER, Mr. ALEX- MILLER of Michigan, Mr. LEVIN, Ms. KIL- FALEOMAVAEGA, Mr. KLEIN of Florida, Mr. ANDER, and Mr. ORTIZ. TIAHRT, Mr. LATTA, Mr. SHIMKUS, Mr. ENGEL, PATRICK of Michigan, and Mr. DINGELL. H. Res. 278: Mr. FARR and Mr. FATTAH. H.R. 3635: Mr. SCALISE. Mr. MACK, Mr. MCMAHON, Ms. CHU, Mr. H. Res. 554: Mr. TIM MURPHY of Pennsyl- H.R. 3641: Ms. TITUS, Mr. BISHOP of New CROWLEY, Mr. MCHENRY, Mr. CAMPBELL, Ms. vania, Mr. NYE, and Mr. BUCHANAN. York, Mr. MCNERNEY, Mr. MCMAHON, Mr. JENKINS, Mr. ISRAEL, Mr. WAXMAN, Mr. H. Res. 605: Mr. NADLER of New York. SCOTT of Virginia, Mr. BARTLETT, Mr. BISHOP of Utah, Mr. LINDER, Mr. HASTINGS of H. Res. 611: Ms. SCHAKOWSKY. SCHAUER, Mr. BARROW, Mr. WITTMAN, Mr. Washington, Mr. BRADY of Texas, Mr. H. Res. 704: Mr. BISHOP of Utah, Mr. CON- KRATOVIL, and Mr. HUNTER. WEXLER, Mr. SIRES, Mr. MEEK of Florida, Mr. YERS, and Mr. BISHOP of Georgia. H.R. 3650: Mr. LEVIN, Mr. ABERCROMBIE, ROSS, Mr. KINGSTON, Mr. HASTINGS of Flor- H. Res. 708: Ms. KILROY, Mr. GRAVES, Mrs. Mrs. CHRISTENSEN, Mr. HONDA, Mr. KENNEDY, ida, Mr. LAMBORN, Mr. SCHIFF, and Mr. KING NAPOLITANO, Mr. MASSA, Mr. BOSWELL, Mr. Mr. MURPHY of New York, Mr. CAO, Mr. of New York. BUCHANAN, Mr. BERMAN, Mr. LUETKEMEYER, GRIJALVA, and Mr. THOMPSON of California. H. Res. 868: Mr. GONZALEZ, Ms. ROS- Mr. CUELLAR, Mr. BROUN of Georgia, Mr. H.R. 3652: Mr. LATHAM. LEHTINEN, Mr. WITTMAN, Ms. FOXX, and Mr. SHIMKUS, Mr. ROE of Tennessee, Mr. KIRK, H.R. 3654: Ms. BORDALLO. ROONEY. H.R. 3667: Mr. GRAYSON. Mr. SNYDER, Mr. TIAHRT, Mr. LATOURETTE, H.R. 3688: Mr. MCCAUL, Mr. ROE of Ten- and Mr. MACK. f nessee, and Mrs. EMERSON. H. Res. 711: Mr. BUTTERFIELD. H.R. 3691: Mr. BILIRAKIS. H. Res. 713: Mr. COBLE, Mr. PASCRELL, Ms. H.R. 3710: Mr. KILDEE and Mr. ISRAEL. CLARKE, Mr. QUIGLEY, Mr. HIGGINS, Ms. CONGRESSIONAL EARMARKS, LIM- H.R. 3712: Mr. RANGEL, Mr. BURGESS, Mr. FUDGE, Ms. EDDIE BERNICE JOHNSON of Texas, ITED TAX BENEFITS, OR LIM- CUMMINGS, Mr. NADLER of New York, and Mr. Ms. KILPATRICK of Michigan, and Mr. WATT. JACKSON of Illinois. H. Res. 715: Mr. LAMBORN. ITED TARIFF BENEFITS H.R. 3731: Mr. MEEK of Florida. H. Res. 764: Mr. CAO and Mr. LAMBORN. Under clause 9 of rule XXI, lists or H.R. 3734: Mr. LYNCH and Mr. MCGOVERN. H. Res. 780: Mr. ISSA and Mr. RANGEL. statements on congressional earmarks, H.R. 3778: Mr. THOMPSON of Pennsylvania. H. Res. 831: Mr. WAMP and Mr. CARDOZA. limited tax benefits, or limited tariff H.R. 3789: Mr. CANTOR. H. Res. 839: Mr. SHERMAN, Ms. H.R. 3790: Mr. KENNEDY, Mr. COURTNEY, Mr. SCHAKOWSKY, Mr. ENGEL, Mr. INGLIS, Mr. benefits were submitted as follows: ORTIZ, Ms. CASTOR of Florida, Mrs. GRIJALVA, Mr. MANZULLO, and Mr. CROWLEY. The amendment to be offered by Rep- DAHLKEMPER, and Mr. KING of New York. H. Res. 845: Mr. ORTIZ, Mr. JONES, Mr. HALL resentative VELA´ ZQUEZ, or a designee, to H.R. 3791: Ms. CHU. of Texas, Mr. REYES, Mr. GENE GREEN of H.R. 3854, the Small Business Financing and H.R. 3798: Mr. RANGEL. Texas, Mr. AKIN, Mr. WILSON of South Caro- Investment Act of 2009, does not maintain H.R. 3810: Mr. PAYNE. H.R. 3827: Mr. GUTIERREZ. lina, Mr. KLINE of Minnesota, Mr. BARTLETT, any congressional earmarks, limited tax H.R. 3837: Mr. LANCE, Mr. LOEBSACK, and Mr. BISHOP of Utah, and Mr. FRANKS of Ari- benefits, or limited tariff benefits as defined Mr. DRIEHAUS. zona. in clause 9 of rule XXI. H.R. 3855: Mr. ELLISON and Ms. LEE of Cali- H. Res. 847: Mr. CARTER, Mr. CAO, Ms. fornia. FOXX, Mr. GARRETT of New Jersey, Mr. BUR- f H.R. 3885: Mr. MEEKS of New York, Mrs. GESS, Mr. WALDEN, and Mr. NUNES. BLACKBURN, and Mr. MINNICK. H. Res. 848: Mr. BOSWELL. H.R. 3905: Mr. SCHOCK, Mr. PAUL, Mr. ROSS, H. Res. 856: Mr. MCKEON and Mr. PATRICK DELETIONS OF SPONSORS Mrs. BLACKBURN, Mr. SIMPSON, Mr. NYE, and J. MURPHY of Pennsylvania. Under clause 7 of rule XII, sponsors H. Res. 863: Mr. SIRES, Ms. GIFFORDS, Mr. Mr. ROONEY. were deleted from public bills and reso- H.R. 3921: Mr. BARTLETT, Mr. BOREN, Ms. RANGEL, Mrs. EMERSON, Mrs. MCCARTHY of EDDIE BERNICE JOHNSON of Texas, Mr. PAUL, New York, Ms. ROS-LEHTINEN, Mr. JONES, lutions as follows: and Mr. ROONEY. Mr. COBLE, Mrs. BIGGERT, Mrs. MALONEY, Mr. H.R. 1298: Mr. ALEXANDER.

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Vol. 155 WASHINGTON, TUESDAY, OCTOBER 27, 2009 No. 157 Senate The Senate met at 10 a.m. and was Senator from the State of Illinois, to per- MEASURE PLACED ON THE called to order by the Honorable RO- form the duties of the Chair. CALENDAR—S. 1927 ROBERT C. BYRD, LAND W. BURRIS, a Senator from the Mr. REID. Mr. President, S. 1927 is at State of Illinois. President pro tempore. Mr. BURRIS thereupon assumed the the desk and due for a second reading. The ACTING PRESIDENT pro tem- PRAYER chair as Acting President pro tempore. pore. The clerk will report the bill by The Chaplain, Dr. Barry C. Black, of- f title for the second time. fered the following prayer: The legislative clerk read as follows: Let us pray. RECOGNITION OF THE MAJORITY A bill (S. 1927) to establish a moratorium Eternal God, lead our Senators to do LEADER on credit card interest rate increases, and for Your will. As they find time to spend other purposes. The ACTING PRESIDENT pro tem- in Your presence, help them to discern Mr. REID. Mr. President, I object to what Your will is in ever clearer light. pore. The majority leader is recognized. any further proceedings with respect to May the knowledge of the laws of sow- this bill at this time. ing and reaping create in them a rev- f The ACTING PRESIDENT pro tem- erence for You, which is the beginning pore. Objection having been heard, the of wisdom. Give them courage in the SCHEDULE bill will be placed on the calendar. midst of fear, faith in the midst of doubt, love in the midst of hatred, and Mr. REID. Mr. President, following f leader remarks, there will be a period hope in the midst of despair. Lord, RECOGNITION OF THE MINORITY of morning business for 1 hour, with build their interior strength until they LEADER reach unity in the faith and knowledge Senators permitted to speak for up to The ACTING PRESIDENT pro tem- of You, attaining to the whole measure 10 minutes each. Following morning pore. The Republican leader is recog- of Your fullness. business, the Senate will proceed to ex- nized. We pray in the Redeemer’s Name. ecutive session to consider the nomina- Amen. tion of Irene Berger, of West Virginia, f to be U.S. district judge for the South- f ern District of West Virginia. There HEALTH CARE WEEK XV, DAY II PLEDGE OF ALLEGIANCE will be 60 minutes for debate equally Mr. MCCONNELL. Mr. President, divided and controlled between Sen- from the outset of the health care de- The Honorable ROLAND W. BURRIS led ators LEAHY and SESSIONS or their des- bate, Americans have had one key test the Pledge of Allegiance, as follows: ignees. The Senate will recess from for reform: Will it make health care I pledge allegiance to the Flag of the 12:30 to 2:15 for the weekly caucus cost less? Will it make health care cost United States of America, and to the Repub- luncheons. At 2:20 p.m., the Senate will less? Well, over the past few months, a lic for which it stands, one nation under God, indivisible, with liberty and justice for all. proceed to vote on the confirmation of number of independent groups have the nomination. Upon disposition of reached the conclusion that the legisla- f the nomination, the Senate will turn tion we have seen fails that test. In APPOINTMENT OF ACTING to a period of morning business until fact, it would make health care more PRESIDENT PRO TEMPORE 5:30, with the time equally divided and expensive. So even aside from the issue controlled between the two leaders or of whether the so-called government The PRESIDING OFFICER. The their designees. At 5:30, the Senate will option is in or out of the bill that hits clerk will please read a communication resume consideration of the motion to the floor, I think it is fair to say it to the Senate from the President pro proceed to H.R. 3548, the Unemploy- isn’t what the American people were tempore (Mr. BYRD). ment Compensation Extension Act, looking for. The legislative clerk read the fol- with the time until 6 p.m. equally di- Let’s start with the independent, lowing letter: vided and controlled between the lead- nonpartisan Congressional Budget Of- U.S. SENATE, ers or their designees. At 6 p.m., the fice. The CBO says the proposed fees PRESIDENT PRO TEMPORE, Senate will proceed to vote on cloture and taxes on drug makers, medical Washington, DC, October 27, 2009. To the Senate: on the motion to proceed to the unem- labs, and medical device manufacturers Under the provisions of rule I, paragraph 3, ployment bill. Therefore, Senators would lead to higher health care pre- of the Standing Rules of the Senate, I hereby should expect a vote at 2:20 p.m. and miums for Americans who get health appoint the Honorable ROLAND W. BURRIS, a another at 6 p.m. today. insurance through their employers, and

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

S10743

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10744 CONGRESSIONAL RECORD — SENATE October 27, 2009 it says premiums will go up for people The Senator from Iowa is recognized. people at the Congressional Budget Of- who choose to buy their own insurance. f fice, the Joint Committee on Taxation, So whether you get insurance through and the Office of Actuary at the De- HEALTH CARE REFORM your employer or whether you buy it partment of HHS are professional, not on your own, your premiums go up. Mr. GRASSLEY. Mr. President, with political. They don’t change from time The Joint Committee on Taxation, an- the words ‘‘health care reform,’’ every- to time when the makeup of Congress other nonpartisan group, also looked at body would expect costs to go down, changes. They are there over a long pe- the legislation. It says that a proposed premiums to level off, and more people riod of time studying things in an in- excise tax on insurers would also drive being served. But it seems as though tellectually honest way to tell it like it up the cost of employer-provided insur- the proposals that are before the Sen- is. This is what they are saying: These ance. Here are two independent, non- ate are going to increase taxes, cut massive partisan health care reform partisan groups looking at the health Medicare, and increase health insur- bills are going to make the problem care legislation we have seen. They ance premiums. I think anybody hear- worse. both conclude it will drive up the cost ing that would say that is not health So I wish to go to some analyses we of health care. care reform or at least not the health have already received from these non- Americans thought reform was sup- care reform they expected Congress to partisan, intellectually honest organi- posed to lower costs, not raise them. pass. zations. Yet every day it seems we see further So we are here in the Congress, soon According to a September 22 letter confirmation that the plans under dis- about to consider a single bill that will from CBO to Chairman BAUCUS about cussion would lead to higher costs and personally affect the lives of every sin- the Finance Committee bill: more long-term spending and debt. gle American. Not often do we pass a Premiums in the new insurance exchanges One study we have seen says the bill that affects the lives of every sin- would tend to be higher than the average Democrats’ tax on insurance plans gle American, and not often do we pass premiums in the current-law individual mar- would cost families nearly $500 per year a bill that restructures 17 percent of ket. in higher premiums starting next year, the U.S. economy—maybe never before. So according to CBO, after these bills long before any of the proposed bene- As one Washington Times editorial spend $1 trillion, many of the people fits would kick in. Another study says pointed out—and I am going to quote struggling to afford their premiums that a family of four in my home State from it, and it is here for the audience today will actually end up seeing those of Kentucky would see their premiums to read: premiums go up if this bill is enacted. go up from about $350 a month to near- [The U.S. health care system] is bigger The Congressional Budget Office also ly $800 a month—a big increase. Even if than Great Britain’s entire economy. Imag- commented on how the tax increases these families were eligible for the sub- ine five bickering Congressional committees would also raise premiums. sidies in the Democratic bill, their pre- trying to redesign the British economy suc- During the Finance Committee miums could still be about 50 percent cessfully in just a few weeks. No wonder peo- markup, Senator CORNYN asked this higher than they are now. This is ple are getting nervous. question: mind-boggling. Only in Washington It is true, people are getting nervous. would lawmakers propose a health care Would the new fees on health insurers be As I travel around Iowa, I hear a lot of passed down to health care consumers? reform that actually raises costs and concern about out-of-control govern- do so in the very same month the Fed- ment spending and a massive govern- Dr. Elmendorf, Director of CBO, re- eral Government recorded its largest ment takeover of our health care sys- sponded by saying: deficit in history and at a time when tem. People are worried that health Our judgment is that, [the new fees] would unemployment approaches 10 percent. care reform will result in lower qual- raise insurance premiums. Americans thought the whole point ity, less access, and government bu- The Joint Committee on Taxation of reform was to lower costs. Yet the reaucrats deciding what health insur- confirmed that they came to the same plans we have seen would do just the ance they can or can’t have. On top of conclusion during the markup. Mr. opposite, and the American people are all of that, Gallup released a poll last Barthold, the director there, said: taking notice. Americans are asking us week saying 49 percent of Americans Basic economics is that that fee will be re- to follow through on the initial pledge believe their personal costs will get flected in higher premium costs. to lower health care costs, but that worse—yes, worse—after health care Let’s not forget that these new insur- means enacting reforms that would ac- reform is enacted. The poll also re- ance fees begin next year, in the year tually lead to lower costs, such as get- ported that only—and I emphasize 2010, 3 years before any of the reforms ting rid of junk lawsuits and ‘‘only’’—22 percent actually think in the bill take effect. So it is irref- incentivizing healthy choices. Ameri- costs will go down. Less than one-quar- utable that premiums will go up for cans want reform. Instead, the admin- ter of the people polled actually every single American starting next istration and its allies in the Senate thought health reform would accom- year as a result of a bill that came out are giving them higher premiums, plish its top priority: making health of the Senate Finance Committee. higher taxes, and massive cuts to Medi- care more affordable. The Office of the Actuary with the care. Mr. President, that is not reform. I can’t speak for my colleagues. I U.S. Department of Health and Human I yield the floor. don’t know what they are hearing from Services—another nonpartisan, highly f their constituents. But I know Iowans regarded set of expert analysts, by the RESERVATION OF LEADER TIME can’t afford to pay more for health way—has also looked at some of the The ACTING PRESIDENT pro tem- care. Costs are already rising three Democratic health reform proposals. pore. Under the previous order, leader- times faster than the rate of inflation. In a memo released on October 21, ship time is reserved. Costs are straining family budgets, and the Department of Health and Human Services, Office of Actuary, provided f they are making it increasingly difficult for employers to offer health in- an analysis of House bill H.R. 3200. In MORNING BUSINESS surance. the memo, the Health and Human The ACTING PRESIDENT pro tem- The nonpartisan Congressional Budg- Services actuary writes that the House pore. Under the previous order, there et Office, the Joint Committee on Tax- bill does bend the growth curve, mean- will now be a period of morning busi- ation, and even the Office of the Actu- ing the inflationary increase in health ness for 1 hour, with Senators per- ary at the U.S. Department of Health care costs. Of course, a top priority for mitted to speak therein for up to 10 and Human Services have told us what Congress and the White House was to minutes each, with the time equally di- the American people already know: bend that curve. Unfortunately, the vided and controlled between the two These massive partisan health care re- chief actuary says the Democratic leaders or their designees, with the Re- form bills are going to make the prob- leadership and the White House have publicans controlling the first half and lem worse. failed to tell the American public it the majority controlling the second Let me emphasize for the American bends the curve in the wrong direc- half. people who might be listening that the tion—not downward but upward.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10745 According to the HHS memo, health Under the proposals we have seen so the game. I am actually beginning to care spending would actually increase far, the Federal Government is now de- wonder if the reason no one is denying if the House bill became law. The actu- fining what kind of insurance you can it is because this is intentional. ary writes it this way: buy anywhere in the United States. If these bills drive up premiums in In the aggregate, we estimate that for cal- This means it will be illegal for insur- the private market, it is going to make endar years 2010 to 2019, national health ex- ers to sell or for you to buy many of it a lot easier to push for a govern- penditures would increase by $750 billion, or the policies people are currently en- ment-run insurance program or a new 2.1 percent, over the updated baseline projec- rolled in. entitlement program. tion. By law, it will be illegal to buy poli- A Washington Post story over the While some of the supporters of these cies that don’t meet an actuarial value weekend reinforced this concern: partisan bills may not want to tell of 65 percent and cover a long list of [Senator] Reid’s original inclination was to their constituents, we all know that as mandated benefits. leave the public option out of the final bill national spending on health care in- The consulting firm Oliver Wyman . . . but his liberal colleagues began urging creases, American families will bear a has said that since this new Federal him two weeks ago to reconsider, after insur- burden through increased health insurance industry forecasts that premiums would minimum standard is higher than rise sharply under the Finance Committee ance premiums. many of the policies sold today, new Let me be very clear. As a result of bill. enrollees will have to pay about 10 per- Let’s hope the Democratic leadership the pending health care proposals, cent more to meet the new government most Americans will pay higher pre- and the White House aren’t willing to benefit standard. push a bill that forces 200 million peo- miums for health insurance. This is just under the Finance Com- Some of my colleagues will try to re- ple to pay higher premiums unless they mittee bill. That 10-percent increase in fute this claim by mentioning the tax- enroll in a new government entitle- premiums would be much higher under payer-funded subsidies included in ment insurance program. But that is any of the House bills and the Senate these health care bills. It is interesting certainly what it sounds like. HELP Committee proposals. that they don’t even try to deny, in the Whatever the motive may be, the Once again, the other side of the aisle process of talking about taxpayer-fund- facts are undeniable. Health insurance will point to a grandfathering policy ed subsidies, that premiums will still premiums will increase for every indi- that, as the President has said, will let go up. They don’t deny that. They just vidual and small business as early as you keep what you have. But they fail say the government—or let’s say the next year as a result of the pending to mention that this grandfathering taxpayers—are going to pick up the health bills. It will hit young, healthy policy doesn’t count if you ever plan to tab. people the hardest. It will cause small move or, two, your insurer stops offer- It is true the proposals we have seen business to stop offering health insur- ing coverage or, three, you want to so far include about $1⁄2 trillion in cuts ance premiums. We have heard it from change your policy to add vision or to Medicare and massive tax increases Joint Tax, we have heard it from CBO, dental coverage. to pay for this new entitlement pro- and we have heard it from the Office of If you meet any one of those criteria, gram. But once again, some of my col- the Actuary within the U.S. Depart- the promise that you will be able to leagues fail to mention that most ment of Health and Human Services. keep what you have doesn’t apply to Americans would not qualify for these I wish to make sure all the American you. subsidies. Most Americans—about 160 people hear it. Another factor that will drive up pre- million—get their health care through I yield the floor. miums is the new age rating rules. their employer. The ACTING PRESIDENT pro tem- But if you are one of those people These rules set limits on the amount pore. The Senator from Wyoming is who get their health care through an premiums can vary between younger recognized. employer, you don’t qualify for any and older enrollees. Mr. ENZI. Mr. President, this health Some of the proposals being consid- subsidy until you spend 10 percent of plan being forced on America under ered would tighten this variation so your income on health care premiums. phony, tight timelines bites off too The ACTING PRESIDENT pro tem- much it will drive up premiums by al- much, fails to deliver on promises, and pore. The Senator has used 10 minutes. most 70 percent for younger, healthier passes the costs on to hard-working Mr. GRASSLEY. I ask unanimous enrollees. So all those so-called young Americans. consent for an additional 7 minutes. invincibles we need to get into the When the 85 percent of Americans The ACTING PRESIDENT pro tem- health insurance pool, all the recent who already have health insurance pore. Without objection, it is so or- college graduates, will be hit hardest hear the term ‘‘health care reform,’’ dered. by the increase in premiums because of they expect Washington to do some- Mr. GRASSLEY. The other side plans the proposed market reforms. thing that lowers the cost of their to throw much of your hard-earned dol- Taking all these factors into ac- health insurance premiums. That reac- lars at it to make premiums appear af- count, Oliver Wyman actuaries also tion should not be surprising, since the fordable. But even with their $1 trillion concluded that individuals would pay President and congressional leaders in spending, the Congressional Budget as much as 73 percent more as a result have explicitly promised that reform Office has confirmed that in 2019 only of the policies in the Finance Com- would lower health care costs to the about 7 percent of those insured will be mittee bill. Small businesses could face average American family. getting government subsidies. about a 20-percent increase, which will Unfortunately, the bills Congress has So even though there will be a huge lead to about 2.5 million less people developed will do the exact opposite. new taxpayer-funded subsidy program getting coverage through their small These bills will increase health care to help pay for these premium in- business. costs. creases, most people would not actu- We can certainly debate all these Several recent reports have high- ally qualify for any of that help. They numbers. Some may question whether lighted what I and some of my col- will just be stuck with higher taxes— rates will increase by that much. I am leagues have been saying for months. yes, higher taxes—less choices—yes, sure some will question the sources of The combination of increased taxes, less choices—and higher health insur- these studies, although I should note expensive mandates, and new regula- ance premiums. we didn’t take these estimates at face tions in these bills will actually in- Some people may wonder what parts value. In fact, ever since the Gang of 6 crease the cost of health care for most of the bill are driving up these costs. meetings, we have had some of the best Americans. Unemployment is higher We have already identified the new in- independent actuaries and insurance than it has been in decades. The hous- surance fee. experts analyzing this data. ing market is in distress. There is an One analyst of the Federal policy But even the people who want to de- out-of-control Federal debt and deficit. group concluded that the insurance fee bate the sources do not deny the fact More and more middle-class Americans alone could raise premiums up to $500 that health insurance premiums will go are feeling squeezed by irresponsible per year per family. Then there are the up as a result of the bills we are consid- decisions being made here in Wash- new benefit requirements. ering. I am beginning to understand ington. Unfortunately, the health care

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10746 CONGRESSIONAL RECORD — SENATE October 27, 2009 bill being put together by the majority requirements could cause premiums for forcing these providers to make up for leader behind closed doors—and not on the new purchasers to increase by their losses under Medicaid by shifting the Web yet—is another example of ir- about 10 percent for individuals and those costs on to private purchasers. responsible policies. about 3 percent for small businesses. The current health reform bills in- It is important for the American peo- For small businesses, 3 percent is a clude the biggest expansions of the ple to understand how these bills will high rate of profit. Medicaid Program since it was created actually increase their health care No. 3, premiums will increase because in 1965, while doing nothing to address costs. I wish to highlight 10 specific of the new federally mandated benefit Medicaid’s inadequate doctor and hos- ways these bills will increase pre- packages. All plans must include a long pital payment rates. If someone cannot miums for Americans and individuals. list of benefits regardless of what see a doctor, they do not have insur- Taken together, these provisions will Americans need or want. Why should a ance. This will mean billions of dollars increase costs, they will stifle competi- 30-year-old single man be required to in additional costs would have to be tion, and they will take choices away pay for ovarian cancer screening? Addi- shifted on to individuals who already from families, individual Americans, tionally, at least every year the Sec- have health insurance, thereby driving and small businesses. retary of Health and Human Services up their premiums. Nearly 40 percent Here are the top 10 ways the bills be- will be required to define and update— of doctors will not see Medicaid pa- fore Congress increase health care perhaps increase—the categories of tients because of the low reimburse- costs: covered treatments, items, and serv- ment rates. No. 1, the two committee bills rely ices. As I said, if someone does not see a on taxing the young to pay for the old Not surprising, what this will mean doctor, they do not have health care. is what the number crunchers call ad- is that the list of mandated benefits No. 7, premiums will increase for so- justed community rating. This means will inevitably get longer and further called Cadillac plans because of the the premium charged to a healthy 22- increase costs. If these bills are en- new 40-percent excise tax. Companies year-old will have to increase to be acted, every disease advocacy group, will respond to this new tax by shifting much closer to the premiums charged drug manufacturer, and health care the costs on to individuals who are the to someone who is much older and provider will hire more lobbyists to see insured or by reducing the value of the sicker. This means young people will that all health plans are required to health care benefits they provide. pay a lot more for health insurance cover their unique diseases, treat- Eventually, this tax will start hitting premiums than they do today. ments, and procedures. the Chevys and the Buicks, not just the Over 40 percent of the uninsured are That is no way to run a health care Cadillacs. between the ages of 18 and 34, the same program. I believe consumers rather Experts estimate that in many met- age group that will be hit the hardest, than lobbyists should decide the bene- with the highest price increases, if this ropolitan areas the lowest option fits package that best meets their bronze plan—that is what we require— bill passes. Experts estimate that in needs. Otherwise, there will be more most States, premiums for the young- under the Finance Committee bill will mandates and higher costs. be considered a so-called Cadillac plan est 30 percent of the population will in- If this bill becomes law, I would not as early as 2016. This does not even go crease by 69 percent under the tight be surprised if every plan in America is into effect until 2013. age bands being considered in one of required to cover massages and acu- the Senate bills. These extreme price puncture. I am not saying people No. 8, premiums will increase because increases will force the young and should not get massages or acupunc- of the new fee to sell plans in the man- healthy out of the market. Most young ture if they want to pay for them, but dated exchanges. The Congressional people will probably do the math and I don’t think all Americans should be Budget Office estimates plans would decide, let’s see, I can pay the $750-a- required to enroll in a plan that covers have to pay a surcharge to sell on the year tax penalty rather than pay $5,000 every single benefit. exchange, which would add about 3 per- a year more for health insurance. If No. 4, premiums will increase because cent to premiums. they get sick later, they can enroll in of new excise taxes on medical devices No. 9, premiums will increase because health insurance later. and drugs. The official scorekeepers at of the new reinsurance program. This No. 2, premiums will increase because the Congressional Budget Office and new program will cost Americans $20 of the new federally mandated require- the Joint Committee on Taxation have billion, and those costs will be passed ments on health plans. The bill will been clear in stating that these taxes on to someone, most like the healthy mandate that most health care plans will be passed on to patients. That enrollees. have to meet new, higher specified ac- means consumers will see the prices of No. 10, premiums will increase be- tuarial values. If you don’t know the everything from power wheelchairs to cause of the new tax for comparative term ‘‘actuarial value,’’ you are not pacemakers to prescription drugs, such effectiveness research. Washington bu- alone. Let me put this as simply as I as Prilosec, significantly increase. reaucrats will tax patients so the gov- can. Actuarial value is a technical These price increases will also ulti- ernment can decide which treatments term that describes the amount of mately increase health insurance pre- are acceptable and which treatments total health care spending that is paid miums for the millions of Americans are denied. Rationing? We have seen for by the health plan; in other words, who already have health insurance. this story before in other countries all the benefits and enrollee cost-shar- You don’t use any of those? Remem- such as England. We know this will ing provisions a health care plan cov- ber, insurance is spreading the risks so lead to the delay and denial of care for ers. Typically, as actuarial values in- you get to pay, too. our seniors. It is no wonder that a re- crease, premiums increase and the No. 5, premiums will increase because cent Rasmussen poll noted that 59 per- cost-sharing requirement decrease. If of the new excise tax on health insur- cent of our Nation’s seniors oppose the you are healthy, you cannot opt for ance providers. The Congressional current legislation. lower premiums or for higher copays Budget Office and the Joint Committee Taken together, the 10 policies I just than your government will tell you or on Taxation have said these taxes will described will cumulatively increase you will pay the penalty. be passed on to people in the form of health insurance premiums for mil- The bottom line is, experts estimate higher premiums. This tax alone could lions of Americans who currently have that 50 percent of the individual mar- raise premiums for a family by $487 a health insurance. It is another squeeze ket policies purchased today and about year. on our Nation’s middle class. 20 percent of the policies purchased by No. 6, premiums for health insurance In my home State of Wyoming, a small businesses today have actuarial will increase when 14 million more healthy 35-year-old man can currently values that are lower than what the Americans are enrolled in the Medicaid buy a high-deductible policy for about Democrats think you should have, Program. Several studies have high- $90 a month. The scorekeepers at the which means millions of Americans lighted how Medicaid’s inadequate pay- Congressional Budget Office estimate will be forced to buy more expensive ments to doctors and hospitals directly the silver plan under the Finance Com- plans. Compliance with these benefit increase costs to everybody else by mittee bill will be $392 a month.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10747 The ACTING PRESIDENT pro tem- This is a national issue, an emer- ate with near unanimous support. Not pore. The Senator has consumed 10 gency. It requires attention and action once, but twice—in November 1991 and minutes. now, not weeks from now. For the last February 1992, when the unemployment Mr. ENZI. Mr. President, I ask for 5 several weeks, we have been trying to rate was 7 percent and 7.4 percent, re- additional minutes. get an agreement to proceed. Last spectively. And we are at a much more The ACTING PRESIDENT pro tem- week, Leader REID justifiably filed the serious moment in our economic his- pore. There is only 3 minutes on the first of what could be three cloture mo- tory today than those years ago. Senator’s time. tions that some on the other side In July 1992, President Clinton signed Mr. ENZI. I ask for 3 additional min- would insist we must proceed through an unemployment insurance bill into utes. until we can enact this important ef- law that passed with unanimous sup- The ACTING PRESIDENT pro tem- fort and benefit for 15.1 million unem- port in the Senate. The unemployment pore. Without objection, it is so or- ployed Americans. rate was 7.7 percent. dered. Everyone in Congress, regardless of In March and November 1993, Presi- Mr. ENZI. The scorekeepers at the party affiliation, is concerned about dent Clinton signed two more bills into Congressional Budget Office estimate jobs. There is no unemployment crisis law that passed with overwhelming bi- the silver plan under the Finance Com- just in red States or in blue States or partisan support. The unemployment mittee bill will increase to $392 a in purple States or any color States. rate was 7 percent and 6.6 percent, re- month. That is over a 300-percent in- This is a nationwide problem. It respectively. crease. None of the folks I talked with quires a nationwide solution, and one In the 1980s, President Reagan signed from Wyoming can afford to pay 300 of the first steps is simply extending an unemployment insurance bill into percent or more for their health insur- unemployment benefits for the people law that unanimously passed a major- ance. In another economic time, this who are running out of these benefits ity Republican Senate. The unemploy- policy would be bad enough. In today’s or who may, in fact, lose their employment rate was 8.8 percent. Months ear- climate, it is irresponsible. ment and need these benefits. lier, it was double digits. We all agree the health insurance We have to create jobs. That is the These past votes, under Republican market is broken and needs to be fixed. ultimate solution to the current eco- and Democratic Presidents and majori- Everyone who wants health insurance nomic crisis. We must have a sustain- ties of both parties in the Senate, dem- should be able to get it, and they able and robust recovery. We are re- onstrate the nonpartisan nature of ex- should not have to spend their hard- ceiving some encouraging signs. It is tending unemployment insurance when earned dollars to get it. the economy is weak and unemploy- No American should be denied health estimated that when the gross domes- ment is high. It is that simple. insurance because they have cancer, di- tic product for this quarter is reported, In fact, further reinforcing this no- abetes, acne, or some other preexisting it will be about 3 percent, the first tion is that the national unemploy- condition. No one should lose their time GDP since the second quarter of ment rate has now risen to 9.8 percent health insurance because they forgot 2008. But positive GDP is not the an- and may not stabilize until next sum- about an old injury when they filled swer for people who are looking for mer—much higher than the preceding out a form. No one should be denied work unsuccessfully. They need the incidents in which, on a bipartisan health insurance, period. benefits of extended unemployment These reforms are very important compensation. basis, under Republican and Demo- and long overdue. However, we can do This legislation is very straight- cratic Presidents, we moved expedi- better. These goals should be imple- forward. It ensures that out-of-work tiously to extend unemployment bene- mented in a way that drives down costs Americans can provide for their fami- fits. Nearly 2 million Americans will ex- for the majority of Americans who allies, can stay in their homes, and can haust their benefits by the end of the ready have health insurance. Congress maintain a sense of dignity while they year, but as I speak on the Senate needs to learn from the experiences of continue to search for employment in a floor, hundreds of thousands of Ameri- the States that have already enacted very difficult market. cans have already exhausted their ben- these types of reforms. The States did Not only is it simply the right thing efits. not pass reforms with the goal of in- to do because it demonstrates some de- Mr. President, 3,800 Rhode Islanders creasing costs for a majority of their gree of recognition of the extraor- will benefit immediately from a Fed- residents, but that is precisely what dinarily difficult situation facing so eral extension, a majority of whom has happened over time. many in this Nation, but unemploy- We need to enact reforms that will ment compensation insurance helps to have already exhausted their benefits actually reduce costs and make health aid the economy. You don’t have to be going back, in some cases, several insurance more affordable. That is an economist to understand that get- months. Hundreds more in my State what the American people want but, ting money to people who will spend it exhaust their benefits each passing unfortunately, that is not what the quickly on basic necessities spurs de- week. So why are the Republicans current bills do. mand and helps prevent further erosion I yield the floor. of the economy. Yet my colleagues on sidetracking this legislation? Let’s The ACTING PRESIDENT pro tem- the Republican side continue to ignore take a look at the list of amendments. pore. The Senator from Rhode Island. the urgency of the situation. We all, as Senators, have a right to Mr. REED. Mr. President, I wish to As stated, last week the distin- propose amendments, but when they speak for up to 10 minutes in morning guished majority leader had to file a are proposed simply to delay and not to business. cloture motion to proceed to the constructively advance an issue, we The ACTING PRESIDENT pro tem- House-passed unemployment insurance have to look very skeptically at the pore. Without objection, it is so or- extension. This is unprecedented. amendments. There is an amendment dered. Congress has acted eight times—in concerning ACORN on which we have f 1958, 1961, 1971, 1974, 1982, 1991, 2002, and already voted. This seems to be just an 2008—to establish temporary programs attempt to delay not an attempt to re- UNEMPLOYMENT INSURANCE that provided additional weeks of un- sponsibly legislate. BENEFITS employment compensation benefits be- It is my understanding that Majority Mr. REED. Mr. President, I again rise yond regular unemployment compensa- Leader REID has made many offers to to urge my colleagues, particularly tion and any extended benefits. the other side of the aisle so that the from the other side, to join us in pass- Let’s take a moment to look back at Senate can proceed to the immediate ing an extension of unemployment in- the recent unemployment insurance consideration of this critical legisla- surance, to stop blocking a program extensions under both Democratic and tion. It is disappointing these offers that is so necessary to every person in Republican administrations. have been rejected. this country, not just those who are President George Herbert Walker This bill is about stabilizing our losing jobs but those who are fearful Bush signed an unemployment insur- economy. It is about helping Ameri- their jobs might be taken away. ance bill into law that passed the Sen- cans who, through no fault of their

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10748 CONGRESSIONAL RECORD — SENATE October 27, 2009 own, cannot find work. It is about this is something we have to work on. That An investigation is appropriate. It is body, the Senate, taking action on be- is something on which we have made known as due process. But that is not half of people. some progress but not sufficient enough for some on the Republican side I urge immediate consideration of progress. We can’t rest until there is of the aisle. this extension. I hope we can pass it to- confidence again that throughout this One Senator from Louisiana wants to night rather than be forced to another land people have a job, they feel congo further. He wants to offer another series of pointless and political cloture fident they can keep it, they can pro- amendment to flog ACORN, and he is motions. vide for their families, and they can holding up unemployment benefits in I want to briefly mention another contribute to this great Nation. Louisiana and Illinois and across the proposal related to this issue that is I yield the floor. Nation until he gets his amendment, important to consider which would The ACTING PRESIDENT pro tem- until he can make his speech, until he help in this terrible crisis of unemploy- pore. The Senator from Illinois. can beat on ACORN again. Well, that ment. f may be his idea of serving the public I have introduced the Keep Ameri- need. It is not mine. Let’s save that de- ADDRESSING AMERICA’S cans Working Act to strengthen and bate for another day, if we have to PRIORITIES expand work share programs. These are have it at all. Let’s not make thou- programs in which 16 States, at the Mr. DURBIN. Mr. President, I wish to sands of people in Louisiana and Illi- moment, pay a portion of unemploy- commend my colleague from Rhode Is- nois—currently unemployed, desperate ment benefits if the employer keeps land for his statement on the unem- to keep their families together and a the person on the payroll but reduces ployment situation facing our country roof over the heads of their children— their hours to reduce costs and con- and also join in his remarks with some suffer because a Senator here wants to tinues to pay their benefits—their pen- concern and dismay over the opposi- debate whether we can think of some sion and health care. tion of the Republican Senators to ex- new way to punish ACORN. You know, So far this year, approximately tending unemployment benefits. for most people, as President Obama 137,000 layoffs have been averted in Tens of thousands of people in my said the other day in an interview, States that have this program. We home State of Illinois and all across there are many more important things have a breakdown of the 16 States. In the United States have been unem- in life than this organization and the 2008, 58,000 Americans were taking ad- ployed for long periods of time and sorry conduct of a few employees. But vantage of the work share program. have now reached the end of their eligi- for this Senator, it is enough to hold They would work for 3 days a week, for bility for unemployment compensa- example, and they would be off 2 days. up unemployment compensation for tion. They are still unemployed. They literally hundreds of thousands of They would receive unemployment are still trying to keep their families compensation pro rata for those 2 days. American people. That is the reality. together, pay the rent, put food on the In addition, there is a program called The employer would keep benefits table, pay for some medical bills, and E-Verify. E-Verify is a way to try to flowing, in terms of health care. They they need unemployment compensa- establish that a person applying for a would have valuable workers not sent tion for that to continue. So we have job is actually a citizen. They want to away from the firm but still engaged in proposed extending unemployment use computers, accessed through tele- productive activities. compensation benefits—the safety net I visited a firm in Rhode Island that phones and computers, to determine for America—while they look for jobs has this program. It is wildly popular whether the identity and the Social Se- and while this economy starts ever so with not only the workers but also curity number given to the employer slowly to turn around. with the managers. In Rhode Island, we are, in fact, valid or illegal. It has been The opposition comes from the Re- have jumped from 2,800 last year to a tough program to get up and running. publican side of the aisle. They oppose 5,400 this year, and it is rising. In fact, it is loaded with enough uncer- When I was at this plant, one of the extending unemployment compensa- tainty and error that some question workers said: This is the only way I tion benefits. You think: How could whether we should pursue it until we can keep paying for my mortgage; this they rationalize that in an economy have worked out the details. Innocent is the only way I can keep paying for where there are six unemployed people people were caught up in the E-Verify the food we put on the table for our for every available job? Their answer early days and identified as not being children. And the plant manager said: is: We have other, more important legal when in fact they were. So what This is the only way I can keep a valu- things we want to debate on the floor we have done is to extend this program able worker so I can keep producing. I of the Senate. for 3 years while we work out obvious think it is a program that deserves Well, let’s take a look at what those problems with it. close attention. This program in Rhode are. First, they want to return to the One Senator on the other side of the Island has helped many people avoid debate over an organization known as aisle said it is not enough. I am going being completely laid off, and it has ACORN. ACORN is an organization to hold up unemployment benefits, he also helped the drain on the unemploy- that has not been in business in Illinois says, until this program is extended ment compensation fund because pay- for 8 or 9 years, so I don’t know any of permanently. Well, that is a worthy de- ing a pro rata share is a much better the leaders in that organization per- bate and topic, but is it worthy enough deal for the fund than paying the full sonally. I can’t say that I can recall to deny unemployment compensation benefits when someone is laid off com- working with them on any major benefits to thousands of people out of pletely. issues. But you remember the videos a work while we debate whether E-Verify There are 16 States, as indicated few weeks ago, those alarming videos should be extended 3 years or perma- here. They rank from Arizona, Cali- of some ACORN employees who were nently? Doesn’t seem to rise to the fornia, Connecticut, Florida, Iowa, apparently conspiring with people on same level of importance, in my esti- Kansas, Massachusetts, Maryland, Min- how to break the law. Those employees mation. nesota, Missouri, New York, Oregon, have been fired, as they should have That is what is holding up unemploy- Rhode Island, Texas, Vermont, and been. They should be investigated, and ment benefits for hundreds of thou- Washington. Again, this program is not if they are guilty of criminal activity, sands of people—amendments like that a one-State, one-region, one-area pro- they should be prosecuted. That is from the Republican side of the aisle gram. This is a national program which clear. But that is not enough for those which, to my way of thinking, don’t I hope can be emulated by the other who listen to the rightwing cable and really measure up to the gravity of the States. It is a win-win, and I hope we TV shows. There has to be more. issue we are considering. can move forward and take up this leg- Well, I have called for a full inves- I wish those Senators from the islation as a complement to what we tigation of ACORN. I want the Govern- States offering those amendments are proposing in the extension of unem- ment Accountability Office to find would go back home and meet some of ployment benefits. what Federal monies have been spent these unemployed people, maybe sit The real key, though, ultimately is with that organization and make sure down and buy them a cup of coffee, to get the jobs flowing again, and that it was spent honestly and spent well. talk with them about what their lives

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10749 have been like being out of work for 2 have a public option available to the peatedly told that more tests couldn’t or 3 years, what it means to have no people who live there. If the State of be done. He was told they were just too health insurance because you lost your Iowa, whose Senator came to the floor expensive, and he was basically told job, folks who have exhausted their life this morning, decides they don’t like a nothing was wrong. In fact, something savings and now don’t know which way public option, they can opt out of the was very wrong. Marcus Evans was suf- to turn. I get e-mails and letters every public option. It is their choice. Each fering from t-cell lymphoma, a form of day from them, people across my State can make that choice. That is cancer that affects the lymph nodes. State. And these are not folks who what opt-out is all about. Do you know how he received the diag- have drifted in and out of work; many Opt-out is also what the Republicans’ nosis? After Marcus’s aunt called 911 of them have worked uninterrupted for strategy on health care is all about. because her nephew literally couldn’t 25 or 30 years and now find themselves They have opted out of this debate. breathe, he was rushed to an emer- out in the street through no fault of Take an example: The Health, Edu- gency room where he received, finally, their own. They are trying their cation, Labor, and Pensions Committee an MRI—his first MRI after years of darndest to find a job, to improve their considered over 500 amendments to visits to doctors with no diagnosis. skills so they are more marketable, health care reform. Among the amend- That test revealed a significant malig- and we should give them a helping ments adopted were 150 Republican nant tumor pressing on his esophagus, hand. amendments, accepted in the com- which explained the symptoms he had Incidentally, the money that pays mittee. Some were technical, some been complaining about for more than the unemployment compensation bene- were substantive, and in good faith 3 years. fits comes from a fund to which they they were debated and agreed to. Once Marcus said: contributed. While we work, we put a 150 amendments were added to the I nearly died before I got the proper health little money away in a fund on the pos- health care reform bill in the HELP care. It took a lot for them to actually do sibility that someday we will be out of Committee. The vote was called, and the test. work, and if it ever happens, then we when it was called, not a single Repub- Well, that is the situation that is fa- are given at least enough money to get lican Senator would vote in favor of miliar to millions of Americans—peo- by while we look for a job, from that the bill they had just spent weeks ple who either don’t have insurance or same fund. It is a basic insurance pol- amending. don’t have much insurance. They are icy. These folks who are caught up in a It turns out there is only one Sen- unable to afford health care premiums tough recession need an extension of ator—Senator OLYMPIA SNOWE of for preventive care out-of-pocket, and their benefits for some additional Maine—who joined in the Finance it takes a severe complication and a weeks—20 weeks is what our bill pro- Committee to report out a bill. She is trip to an emergency room before they vides. the only Republican Member of Con- receive any appropriate medical care. So for those who argue that this is gress, House or Senate, who has actu- They earn too much money for public some form of welfare, I would like to ally voted for health care reform. All of aid and too little money to afford pri- correct them. These are benefits paid the other Senators who have come to vate health insurance. For Marcus, a disease that could out of funds paid in by workers across the floor criticizing what we are put- have been caught and treated when he America and employers, and it is a ting forward as our draft proposal on was a high school student went fund that needs to be exercised right health care reform have not voted for undiagnosed for years as he tried and now, to be used right now for their ben- it and have not produced an alter- failed to get quality treatment. Instead efit. native. of going away to college after grad- Mr. President, I am also concerned The need is still there, and the need uating from high school, Marcus found about some of the debate I have heard is very serious. Let me give an exam- himself stuck at home too sick and too on the floor this morning from the ple, if I can, about the need in terms of other side when it comes to health care scared to leave home. a real-life story back in my State of Il- Today, after chemotherapy and suc- reform. I would like to stand here and linois. cessful surgery, Marcus is in remission compare the Democratic proposal for There is a young man named Marcus and working to put his young life to- health care reform and the Republican Evans. Marcus reached a point in life gether. His struggles aren’t over. Most proposal for health care reform. Now, where he couldn’t walk upstairs with- of his friends have debts from student that would be a good debate. But unfor- out losing his breath, and he knew loans; Marcus owes more than $100,000 tunately I can’t because there is no Re- something wasn’t right. He is 17 years in medical bills at the age of 21— publican proposal for health care re- old, and he began suffering from short- $100,000—even after the hospital for- form. ness of breath, which kept him out of gave him $40,000 for his hospital stay. One of the elements of our Demo- pickup basketball games but even Still, he is trying to move forward. cratic approach in the Senate will be made it difficult for him to walk He is enrolled as a part-time student at something called opt-out. To put it in around his house. He went from doctor Chicago State. He has a little job with a nutshell, we are trying to create a to doctor trying to figure out the prob- the city, a job that provides him at not-for-profit health insurance com- lem, but he was uninsured—one of 47 least some health insurance. It could pany to compete with private health million Americans uninsured. have made a difference in his life many insurance companies so there will be The ACTING PRESIDENT pro tem- years ago. actual competition—to keep them hon- pore. The Senator’s 10 minutes has ex- Here is what he said: est—and we try to bring costs down. pired. I see the difference when you have insur- We know private health insurance com- Mr. DURBIN. I ask unanimous con- ance and when you don’t. It’s like night and panies are exempt from antitrust laws. sent for an additional 5 minutes. day. When I didn’t have insurance, they just They can fix prices, they can allocate The ACTING PRESIDENT pro tem- pushed me aside. markets, they can jam through in- pore. Without objection, it is so or- Marcus doesn’t blame the doctors creases in premiums, and there is not dered. who told him he was suffering from much you can do about it since there is Mr. DURBIN. So Marcus Evans, being nothing more serious than asthma. He no competition. So a public option, a uninsured, couldn’t find a doctor to di- said he understands doctors were faced not-for-profit health insurance com- agnosis his problem. with an impossible choice caused by pany, would be competitive. At the time, Marcus’s mom was a our Nation’s dysfunctional health care There are some who argue against working mother of two. She worked as system. that and say that goes too far. Even a part-time dental assistant. She didn’t He said: though it is not government-run health receive health insurance through her Doctors shouldn’t have to worry about insurance like single payer—it is a not- job and her family did not qualify for whether a patient has insurance. No decision for-profit option—they say it goes too Medicaid, which is health insurance for should have to be made except let’s take care far. So the Democratic approach to poor people. of this person. health care reform says that individual For 3 years, Marcus tried to get med- It is simple logic, common sense. States can decide whether they want to ical care without success. He was re- That is what health care reform is all

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10750 CONGRESSIONAL RECORD — SENATE October 27, 2009 about, and it poses very fundamental portunity to review it and offer amend- release of this information. In a news questions for us in this country: Who ments, which is the way it should be. article of a congressional hearing, it are we? What do we stand for? Are we My hope is at the end of the day we said a Federal official said the Fed was going to change the current system? will be able to advance the issue of ‘‘giving serious consideration’’ to re- There are those fighting change in health care and improve the health leasing the names of firms that re- the system, and those leading the fight care system in this country. ceived assistance. are health insurance companies. They f In the same article they quoted Fed are making plenty of money under the General Counsel Scott Alvarez as say- FEDERAL RESERVE POLICY current system even though causes ing at the hearing: such as Marcus Evans’ end up being un- Mr. DORGAN. Mr. President, I want- We would be happy to work with you to es- treated, and young men end up suf- ed to mention very briefly—and I will tablish procedures for disclosure. fering as a result of it. speak about this a bit more later—the A few days following that a That is why this health care debate daily news about the payment of very Bloomberg news article said: is so important. I hope at some point, large bonuses by some of the largest fi- The Fed had decided to appeal the ruling a couple, maybe even three Republican nancial firms that received TARP that had ordered the Fed to release the infor- Senators would step up and say: We funds or other funds from the Federal mation. Government to try to keep them afloat want to be part of this historic debate. The question is, Why does the Fed be- during difficult times last year. The We don’t want to stand on the sidelines lieve we and the American people do notices of the bonuses and profits of and complain about the plays that are not have a right to know? It makes no those firms at this point are very trou- being called. We want to be into the ac- sense to me. I am going to speak about bling to me and to a lot of other peo- tual field of battle to help craft a bi- this at greater length later, but, clear- ple. partisan bill. ly, as big bonuses are going out the So far they have turned us down I want to mention that a group of us back door, don’t we have a right to every step of the way except for one a while back wrote to the Federal Re- know how much money went in the Senator, Ms. SNOWE of Maine. I hope serve Board asking the Federal Reserve front door from the Federal Reserve to that can change, and I hope those who Board to release information about these institutions? How much, at what come to the floor every day and com- how much money went out the back rate, and so on? I am going to continue plain about health care reform will door of the Federal Reserve Board to ask these questions. take 1 day to propose their sugges- when, for the first time in history, tions. What do they want to do? If they they allowed investment banks to f want to stick with the current system, come to the loan window of the Federal CONCLUSION OF MORNING if they do not want to change health Reserve Board and get direct loans. For BUSINESS care as we know it today, have the the first time in history, last year, courage to stand up and say just that. they did that. The PRESIDING OFFICER (Mrs. But, unfortunately, they have said over Now the question is, Who got money GILLIBRAND). Morning business has ex- and over again: We want to criticize. from the Fed’s direct window? Under pired. We want to opt out. We don’t want to what conditions did they get that f money? How much money did they get? be part of this debate. EXECUTIVE SESSION That doesn’t solve the problems our A lot of us have asked the Federal Re- Nation faces. serve Board to release that information. I yield the floor. NOMINATION OF IRENE CORNELIA The ACTING PRESIDENT pro tem- Is that information important? It BERGER TO BE UNITED STATES pore. The Senator from North Dakota sure is, to me. Are the companies that DISTRICT JUDGE FOR THE is recognized. are now proposing to pay the very SOUTHERN DISTRICT OF WEST Mr. DORGAN. Mr. President, first let large bonuses the same companies that VIRGINIA me compliment my colleague from Illi- got money out of the direct loan win- nois. He is right that the health care dow of the Fed for the first time in his- The PRESIDING OFFICER. Under system in this country is in need of re- tory? Probably. What conditions were the previous order, the Senate will pro- pair or reform. He is right also about attached to that money? What were ceed to executive session to consider the people who are out there believing the rates, if any? We would like to the following nomination, which the they are insured when in fact they are know the specifics. clerk will report. one serious illness away from bank- On September 16, the Chairman of The assistant legislative clerk read ruptcy. the Federal Reserve Board wrote back the nomination of Irene Cornelia Ten years ago in Fargo, ND, I met a to us saying that releasing these names Berger, of West Virginia, to be United woman who had $600,000 in the bank. would hinder the Fed’s assistance ef- States District Judge for the Southern She said she had a job, she had health forts. District of West Virginia. insurance, and she had equity in a That is just a specious argument. The PRESIDING OFFICER. The Sen- home. Ten years later it was gone. She The American people’s money is put at ator from West Virginia is recognized. has a very serious illness. She is a risk. The American people have the Mr. ROCKEFELLER. Madam Presi- quadriplegic and needs a substantial right to know how much money went dent, I rise to speak on precisely the amount of care, and all those assets are out that direct lending window at the issue the clerk reported. That is some- gone. She had insurance and all those Fed. We have a right to know—Mem- thing which is extremely important to assets are gone because her insurance bers of Congress, the American people me and also extremely important to had a cap. have a right to know. The Federal Re- the people of West Virginia, a historic A lot of people don’t know that. They serve Board is saying we don’t have a decision we are going to make. say: I have health insurance. Their in- right to know and they don’t intend to Today the Senate will consider the surance often has a cap on how much tell us. nomination of Judge Irene Berger to the insurance company will pay in the I am going to talk about this a bit serve on the U.S. District Court for the aggregate, which means they are just more later. There was a related FOIA Southern District of West Virginia. I one serious illness away from bank- case in which a judge found the Federal have had the pleasure of knowing ruptcy. That is just one among others Reserve had ‘‘improperly withheld Judge Berger for many years and hav- of the reasons there needs to be some agency records.’’ The judge called the ing a very high regard for her and lik- change with respect to the health care Fed’s argument that borrowers would ing her very much for many years. I issue. be hurt if their names were released— continue to be amazed by her tremen- I think this will be difficult. I com- the judge says ‘‘that was conjectural, dous intellect, her calmness—a very mend the majority leader for trying to without evidence of imminent harm.’’ marvelous calmness which speaks of put a bill together. It will come to the Despite the fact that the judge has integrity and knowledge and fearless- floor of the Senate. We will have an op- determined that, we still don’t have a ness in the face of whatever may come

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10751 up—and, of course, her complete dedi- I think we all agree the Federal judi- Her willingness to assume this im- cation to public service, which I will cial system is fundamental to our de- portant role speaks volumes about her talk about. mocracy’s continued vitality, and character as a person and as a judge. I She is a phenomenal person and a there is absolutely no one I trust more would like to thank President Obama true professional, which is why I am so than Judge Berger to faithfully and for his leadership in nominating Judge proud to join with Senator BYRD in rec- skillfully serve in this enormously im- Berger for this position. He could not ommending her to the President for portant role. have selected a more qualified person. I this judgeship. Without any doubt, Those are words, of course, but they cannot wait for them to meet. Judge Berger is one of the most quali- are words, in my case, that come from Finally, I would also like to thank fied people to serve on the Federal deep within me. The American people Majority Leader REID, Minority Leader bench. She truly is unmatched—in her deserve to know when they enter the MCCONNELL, Chairman LEAHY, Ranking professionalism and in her experience courtroom that their judge is com- Member SESSIONS, and the whole Judi- and in her demeanor—for this position. mitted to justice and to equality and ciary Committee for allowing us to She has the temperament that should will treat them fairly, and that is ex- move forward on this critical nomina- be expected of any judicial nominee, actly the type of judge Irene Berger is tion by, I will have to say, a unani- which is not just calmness and the and will continue to be if we make that mous vote for forwarding her nomina- right demeanor, but she embraces the possible. tion. courtroom, masters the courtroom. She made that clear in her confirma- We can rest assured Judge Berger She is in charge of the courtroom. It is tion hearing by saying: will serve with enormous honor and a wonderful thing. I want to say very strongly that I will en- distinction, as her predecessor, the She is very smart, obviously. She is sure that all parties are treated fairly and Honorable David A. Faber, served be- very fair. She is dispassionate, she is equally. They will be heard equally, be they rich or be they poor. fore her. rational, she reaches her decisions in a I am proud and all West Virginians Judge Berger has also remained an very calm and deliberative way, show- deserve to be proud and are proud, even integral part of our community and ing respect and equal treatment to all if they have no idea what is going on our State. With her uncommon wisdom claimants before her in the courtroom. right now, as one of our own premier and insight she assumed leadership po- I think it is perhaps, and I would legal minds and unwavering leaders sitions, obviously, within the court judge, her upbringing that helped continues to serve our Nation and the system and has been called to serve Judge Berger to be the outstanding cause of justice. and agreed to serve on a number of person and judge that she is today. She I yield the floor, and I ask unanimous boards of nonprofit organizations and grew up in a very large family in one of consent that all quorum calls during educational institutions. the four poorest counties in the United She’s writ large in life in West Vir- the debate on the Berger nomination States of America. She worked hard, ginia, I just have to say that. Her hon- be equally charged to both sides. got a good education, and ultimately ors and awards are many. I almost The PRESIDING OFFICER. Without earned her law degree from the West hesitate to mention them because that objection, it is so ordered. Virginia University College of Law. is what everybody does, but it should Mr. ROCKEFELLER. I suggest the Rather than seeking—which would be said: West Virginia College of Law, absence of a quorum. make some sense in view of what she Outstanding Woman of Law Award; The PRESIDING OFFICER. The had been through—a high-paying job in YWCA Woman of Achievement; the clerk will call the roll. a corporate law firm, which would have American Bar Association Foundation The assistant legislative clerk pro- been hers just for the asking, so to Fellowship; West Virginia University’s ceeded to call the roll. Mr. CARDIN. I ask unanimous con- speak, she decided to do what is nat- Outstanding Alumna; and the NAACP ural to her, which is to give back to Image Award for Leadership, to name sent that the order for the quorum call her community and to her State by de- just a few. be rescinded. voting her entire 30-year legal career I am perhaps most impressed by The PRESIDING OFFICER. Without to serving her fellow West Virginians. Judge Berger’s courage and determina- objection, it is so ordered. In so doing, she has gained profound tion and her refusal to back down from Mr. CARDIN. Madam President, I experience at nearly every level of our any worthwhile challenge. She was one know time has been reserved for Mem- judicial system. of the first students to integrate her bers to debate the confirmation of a She began her career as a legal aid local elementary school in McDowell district court judge in West Virginia. I attorney, protecting the rights of our County. That was not easy. McDowell certainly support that confirmation. It State’s most vulnerable citizens, and County is the most southern county in is interesting that there are not too then kept our communities safe by West Virginia and, in fact, most of it is many Senators coming to talk about serving for 12 years as a prosecuting at- south of Richmond, VA. this particular judge, even though torney in Kanawha County, WV, which She is the first in her family to at- there was a request that we reserve is the county in which I live. She would tend college. That can only be admi- time on the floor in order to debate the go on to serve briefly as an assistant rable. That can only talk about sac- nomination. U.S. attorney for the Southern District rifice and determination in a close I raise this because there are four of West Virginia before being appointed family unit, family values. She was the nominees ready for confirmation to the to fill a vacancy as a circuit judge for first African-American woman to serve courts of appeal and six district court the Thirteenth Judicial Circuit of West as a circuit court judge in West Vir- judges who are ready for confirmation, Virginia, a position she held for 15 ginia. having been moved through the com- years. If confirmed today, she would, I mittee, who, for some reason, Repub- As an attorney and a jurist, Judge proudly say, become the first African- licans are now not allowing us to bring Berger’s hard work and determination American Federal judge in the history to the floor for confirmation. This is a have earned her the unqualified respect of West Virginia. Granted, the history deliberate effort to try to slow pace of of all of her peers. Federal judges—ev- of West Virginians is not as long as the the confirmation process of Federal erybody has written in saying this is history of New York. But it goes back judges appointed by President Obama. the best person. to 1863, I would say to the Presiding Of- I think this is wrong, and people After her initial appointment to the ficer, and we are very proud of that. should understand it. In my own cir- circuit court, the voters of Kanawha I would like to close by personally cumstance in Maryland, we have a County, WV—and that was part of why thanking Judge Berger and her family. judge who has been approved by the that position in the court is different Her dedication to her country and committee for the circuit court of ap- from the one she is now hopefully State means so much to me. I wish to peals, Judge Andre Davis. A hearing going to be voted into—voted three see her confirmed. I am not a lawyer, took place in April of this year. The times to keep her in that office because but I have been in West Virginia a long Judiciary Committee reported out his of her reputation as an honest, time. I started as a VISTA volunteer. I confirmation by an affirmative vote of thoughtful, and skilled jurist. know a good person when I see one. 16 to 3. This is clearly a nonpartisan

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10752 CONGRESSIONAL RECORD — SENATE October 27, 2009 recommendation. Judge Davis is highly out. I don’t know what the issue is on office. However, the need to fill vacan- respected by members of the bar in his side on an individual Member ob- cies does not undercut the responsi- Maryland. He has 22 years’ experience jecting to other judges coming forward. bility to properly vet those lifetime ap- as a district court judge. He has han- I hope we will have a chance to bring pointments. dled all types of cases. He has been rec- forward other nominations so we may Furthermore, we can only process ommended as being fair and even- move forward with one of the principal the nominees we have before us. There handed and is ideally suited to serve on responsibilities of a Senator, to act in are currently 22 circuit court vacancies the appellate court. He will add diver- the confirmation of Federal judges, to but only 9 nominees before the Senate. sity to the court, being the third Afri- give advice and consent to the Presi- There are 75 district court vacancies can American, when he is confirmed, dent. and only 10 nominees before the Sen- and he will be confirmed. There have I yield the floor. ate. This chart shows that. These are been anonymous holds put on appellate The PRESIDING OFFICER. The Sen- the vacancies in blue and the red rep- court judges on a rotating basis and, in ator from Alabama. resents the circuit court nominees. some cases, on district court judges, in Mr. SESSIONS. Madam President, I These are the only the nominations we an effort to slow down the process. rise to speak on President Obama’s have received so far. To date, President When we get a chance to vote on his nominee to the district court for the Obama has announced a total of only 23 confirmation, whether it requires a clo- Southern District of West Virginia, nominees, one of which was a Supreme ture vote or not, he will be overwhelm- Judge Irene Cornelia Berger. The his- Court nominee. By this time, the Bush ingly approved, as he should be. He is toric significance of her nomination administration had sent the Senate 60 well qualified to serve on the appellate should not be lost on anyone. If con- nominees, almost three times as many. court. firmed, she will be the first African Over the past few weeks, I have heard I am somewhat perplexed. Floor time American to serve on the Federal the chairman of our committee come is valuable. Time has been set aside bench in the State of West Virginia. to the floor and state that the pace of now to talk about the confirmation of She has had a distinguished career. She confirmations is not acceptable. I wish a West Virginia district court judge. has been a State judge for the last 15 to point out a few numbers to those Yet I don’t see too many Members years. Before that, she was a State who now say Democrats confirmed a rushing down to speak. Why haven’t we prosecutor for 12 years and a lawyer for significant number of President Bush’s brought up the other six district court the Legal Aid Society. I enjoyed the nominees. As I told the chairman, I judges ready for action? Why haven’t dialogue we had during her confirma- hate to get into this. We have been we brought up the four appellate tion hearing and was especially pleased doing this for a number of years, but I judges, if there is a desire to debate, so to see her responses to the questions am not going to remain silent while we have time now. Let’s debate the for the record. She indicated in those the record is distorted. We need to talk issue. If there is a need for a vote, let’s answers outright that she did not agree about perspective, and if we are going determine how much time is necessary with the empathy standard President to continue to have tit-for-tat, I will be and then let’s get a vote. If there is a Obama has used, saying: down here to explain the other side of sincere effort to filibuster, which I find A judge should apply the law to the facts the question. regrettable, then notify the leadership. of a case without being influenced by sym- President Bush had fewer nominees Let’s schedule a cloture vote on these pathy or empathy. confirmed than any two-term Presi- nominations. She further stated that it is never dent in modern history. President Clin- The bottom line is, this is an abuse of proper for a judge to indulge his or her ton had 377 confirmed; President Bush the rights of an individual Member of own sense of empathy in deciding what only got 326. President Clinton was the Senate, and certainly it is wrong the law means. I wholeheartedly agree also able to confirm two Supreme for us to hold up the confirmation of and am pleased to be able to support Court nominees. Under the Bush ad- judges who are prepared to take on this her nomination. The President’s nomi- ministration, the Democrats held up public responsibility. There is a bill nations deserve deference, although we qualified nominees for years in some pending that would create new judges. do have a constitutional responsibility cases, denying an up-or-down vote even Why don’t we fill the current vacan- to examine the nominees, to ask the though a majority of the Senators were cies? Why don’t we get these appoint- tough questions, to support them when ready and willing to confirm. ments to the floor and vote on their we can and to oppose them when that There are those who say the Repub- confirmations? is the appropriate action. licans are filibustering nominees, and I know in Maryland there is strong I commend Chairman LEAHY on the to them, I say that is not correct. A support for Judge Davis’s confirma- pace of his hearings. Last week, the hold is not a filibuster. When a Member tion. I hope we can work out arrange- committee held its 16th judicial nomi- of this body has concerns about a ments and bring these nominations for- nations hearing. But I wish to set the nominee, they have a right to put a ward and carry out our responsibilities record straight about a few things. At hold on that nominee. The majority to vote up or down those who are nomi- this point in his Presidency, President leader has the prerogative to file clo- nated to serve on the Federal bench. Bush had nominated 60 judges, but only ture on that nomination. There were I know there have been accusations 22 nominees had hearings. In contrast, nominees that I have strongly opposed made back and forth. I opposed several President Obama has nominated only and have voted against, but I voted for of President Bush’s nominees to the 23 judges, including a Supreme Court cloture when the majority leader court. In each case, I made it clear I nominee, which took a great deal of sought to bring up the nomination so was prepared to vote at any time. I our time, as it rightly should. Yet 16 of the nominee would get an up or down never delayed consideration of those his nominees have received hearings. vote. That is the way you overcome a appointments, including those to the The Senate Judiciary Committee is hold. appellate court. They were brought for- doing its job. We are processing nomi- Madam President, how much time do ward, and we voted them up or down. nees at a reasonable pace, in a fair and we have remaining? All I am saying to my Republican bipartisan manner. There are those The PRESIDING OFFICER. The mi- friends is let’s bring these nominations who say that Republicans are slow- nority has 15 minutes remaining. to the floor of the Senate; let’s get a walking nominees. I suggest that is a Mr. SESSIONS. I think most of us in chance to vote on these nominations; preemptive accusation to complain this body who were here remember let’s not schedule time to talk about a about something they think might that soon after President Bush was district court judge and that person’s happen. It is not happening, in my elected in 2000, a group of well-known confirmation, when in reality there has view. The raw numbers show that. liberal professors—Laurence Tribe, been very little interest shown in com- Those same individuals also claim that Marsha Greenberger, and Cass ing forward. the vacancy rate on the Federal courts Sunstein—he is the one who has re- I see the distinguished ranking mem- is higher now and, therefore, we need cently been appointed by President ber of the Judiciary Committee. He has to confirm more judges than we did Obama to one of his administration been fair and has tried to work this during President Bush’s first 2 years in posts who believes animals should have

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10753 lawyers appointed for them—met with up a number of times, and he was dence, Judge Hamilton has embraced the Democratic leadership. The New blocked by filibuster. Mr. Estrada this empathy standard, this feeling York Times reported at that time that withdrew his name from further con- standard. Whatever that is, it is not they proposed changing the ground sideration, and we remain baffled as to law. It is not a legal standard. He has rules of the confirmation process. They why such a fine nominee was treated so said that he believes a judge will proposed that Senators consider a poorly. His character was attacked and ‘‘reach different decisions from time to nominee’s ideology. For the first time his nomination was ultimately blocked time . . . taking into account what in the history of the country, they pro- for no reason other than the fact that happened and its effect on both parties, posed that the burden be shifted to the some said he was so capable he would what are the practical consequences.’’ nominee to somehow prove they were have been on the short list for the U.S. Judge Hamilton also appears to have worthy of the appointment instead of Supreme Court. embraced the idea of a living Constitu- having the Senate respect the presump- I don’t say all of this to say there is tion. In 2003, he indicated in a speech tive power of the President to make going to be payback. I do not believe in that a judge’s role included writing the nomination and then object if there that. It is time for us to move forward footnotes to the Constitution. I am not was a disagreement. This was a major with judicial nominees in the right aware that a judge has the power to change in the history of the Senate. It way. I am saying this to set the record write footnotes to the Constitution, was done by the Democrats when we straight because I will not stand silent which has been ratified by we the peo- had a Republican President. and have what is happening today be ple of the United States of America. It was clear to me then that as a re- compared with the incredibly obstruc- When Senator HATCH questioned him sult of that meeting, a majority of the tive actions the Democrats took in about these comments in a followup Democratic Members of the Senate early 2000. question, he retreated somewhat but agreed. After the Democrats took con- That said, this Senate, when I think then gave a disturbing answer in the trol of the Senate a few months later of many of its Members, understands next question about judges amending when Senator Jeffords changed parties, that it would be wrong for us to be a the Constitution or creating new rights the Senate confirmed only 6 of Presi- rubberstamp for every nominee. We through case law. This judicial philosophy has clearly dent Bush’s 25 circuit court nominees. have a constitutional duty to vet nomi- impacted his rulings. He issued a num- Five nominees had bipartisan support, nees. As a minority party, we have a ber of controversial rulings during his and two were prior Clinton nominees. duty to ask the important questions time as a district court judge and has President Bush renominated two prior that may not be asked at other points been reversed in some very significant Clinton nominees. They confirmed in the process. cases. So that is why he is having dif- them, but only a few others were con- During his campaign, President ficulty on the floor of the Senate and firmed. Yet the majority of President Obama pledged he would strive for a bipartisan administration, but the Presi- has not moved forward. Bush’s first nominees nominated on Yet the Democrats will not call up May 9, 2001, waited years for confirma- dent has failed to put action behind those words in a number of instances. another nominee, Judge Beverly Bald- tion. win Martin for the Eleventh Circuit, on Priscilla Owen was nominated to the He has refused to renominate some of the noncontroversial consensus circuit whom everybody is prepared to vote. Fifth Circuit, a fabulous supreme court Andre Davis, whom we have heard court nominees who were not con- justice in Texas. It took 4 years for her about before, has been nominated to firmed by the Senate in the last Con- to be confirmed. She was on the short the Fourth Circuit. We have had a gress, as President Bush did when he list for the Supreme Court. She is a number of battles over the failure to took office. For example, Glen Conrad brilliant justice. fill some of the vacancies on that had the support of his Democrat home Now-Chief Justice John Roberts was court. President Bush submitted a State Senator. Yet he was never given nominated at that time for the DC Cir- number of nominations and couldn’t a hearing before the end of the Bush cuit—one of the most brilliant Justices get them up for a vote. For example, administration. Peter Keisler had I have ever seen come before the Sen- Judge Robert Conrad, Judge Glen broad bipartisan support from lawyers ate. It took two years for him to be Conrad, Steve Matthews, and Mr. Rod confirmed, and he had to go through and colleagues throughout the country, Rosenstein. Mr. Rosenstein was nomi- two hearings. a brilliant and capable nominee, but nated to a seat designated as a judicial Jeffrey Sutton, another brilliant never got a vote. He was denied a vote emergency on November 15, 2007—the nominee to the Sixth Circuit Court of by the Democratic leadership. In addi- very seat for which Mr. Davis has now Appeals, was confirmed but only after 2 tion, Mr. Keisler was praised in the been nominated—and he was held up. years in 2003. Justice Department Inspector Gen- These vacancies were basically main- Deborah Cook was nominated for the eral’s report, one that dealt with the tained by our Democratic Senators Sixth Circuit—it took 2 years to get danger of politicizing the Department from Maryland for 9 years. The ABA her nomination confirmed. of Justice. The IG examined it and rated Mr. Rosenstein ‘‘unanimous well Dennis Shedd, nominated to the praised Mr. Keisler because he spoke qualified.’’ He was unanimously con- Fourth Circuit—it was a year and a and acted in opposition to those who firmed as U.S. attorney for the District half before he was confirmed. appeared to have allowed political con- of Maryland. He held several positions Michael McConnell, a brilliant law- siderations to play a role in hiring de- in the Department of Justice under yer—and so is Dennis Shedd, but cisions. He focused on the candidate’s both Democrat and Republican admin- McConnell is a real intellectual—for qualifications. But rather than being istrations. But he waited 414 days for a the Tenth Circuit, it took a year and a rewarded for his courage, he fell victim hearing that never came. His nomina- half before he was confirmed. to the very partisan wrangling he stood tion was returned in January of this Terrence Boyle waited almost 8 against. year. years, until his nomination lapsed at Now, I think President Obama chose In 2008, a Washington Post editorial the end of President Bush’s term. He to set an aggressive tone by nomi- stated that: nating Judge David Hamilton, a former never got a vote. Blocking Mr. Rosenstein’s confirmation Perhaps the most disturbing story board member and vice president for hearing . . . would elevate ideology and ego was that of Miguel Estrada, who was a litigation of the Indiana chapter of the above substance and merit and would un- brilliant, outstanding, well-qualified ACLU, as his first circuit court nomi- fairly penalize a man who people on both consensus nominee. He was nominated nee. Judge Hamilton’s nomination is sides of this question agree is well qualified to the DC Circuit on May 9, 2001. He clearly controversial. It was only exac- for a judgeship. waited 16 months just to get a hear- erbated by the rushed hearing schedule So after a few weeks went by, the ing—16 months—only to be confronted on his nomination. Indeed, I think it is Democrats were already blaming the with unreasonable requests for more fair to say he is outside the main- Republicans, saying they are not mov- information. After almost 2 1⁄2 years in stream of even President Obama’s ing fast enough on Mr. Davis, who has limbo and a protracted 6-month long nominees. Instead of embracing the some serious problems in his back- filibuster battle, we brought his name constitutional standard of jurispru- ground, and I just have to say I am

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These There is no question that Mr. Davis know my friend from Alabama men- facts indicate that clearly there has is a good man, but his record is a cause tioned the ongoing issues of filling the been a deliberate effort, and it is not for some concern. He has been reversed judicial vacancies. We can talk about right. I ask my Republican friends to by the Fourth Circuit numerous times individual cases, and I am more than end this and let’s bring up these mat- in cases where he misapplied the law, happy to do that. But I think we need ters for an up-or-down vote. including six criminal cases where he to look at the record, at the number of With that, Madam President, I yield threw out evidence that could have judges, the number of vacancies, and the floor. been used to help convict a criminal. the record during the different admin- The PRESIDING OFFICER. The Sen- He was reversed at least six times in istrations. ator from Massachusetts is recognized. cases that he had wrongly dismissed There is a disturbing trend that is de- HEALTH CARE REFORM because there remained unresolved veloping with the Republicans blocking Mr. KIRK. Madam President, as the issues between the parties. He dis- President Obama’s confirmations by Senate prepares to debate the critical missed the case in its entirety and the inaction, by not allowing us to, in fact, reform of our Nation’s health care sys- parties had to appeal. Six times he was bring those nominations to the floor tem, I am privileged to stand at the reversed at great expense and delay. If for a confirmation vote. Massachusetts desk from which the he didn’t accurately assess the facts or I am going to use two charts to point voice—that unmistakable, booming apply the law in these more simple out the differences we have seen with voice—of the most effective legislator cases at the Federal trial court level— Republicans using tactics to deny con- of our time was heard throughout this some of them are not so complicated; firmation votes and the time during Chamber that he loved for nearly a half others are—is he qualified now to be on the years when President Bush made century. The voice of Senator Edward M. Ken- the Fourth Circuit? So these are the the appointments. During the Clinton nedy called out against injustice, de- concerns we have. years, we saw an increase in the num- Mr. Chen, a U.S. magistrate, was re- ber of vacancies that could not be nial of opportunity, and needless suf- cently nominated for the Northern Dis- brought to the floor for a vote. It fering of every kind. Sometimes with humor, sometimes with indignation, he trict of California. He stated that he reached 110 vacancies in the judicial spoke skillfully and tirelessly as a finds ‘‘most rewarding . . . contrib- branch at the end of the Clinton ad- champion of working families, the uting to the development of the law via ministration. The Democrats worked poor, the disabled, and those engaged published opinion, especially if it com- with the Republicans during President in a constant struggle for economic ports with my view of justice.’’ That is Bush’s years, under times when Repub- licans were in control and when Demo- and social justice. pretty nice if you can develop the law— Of all the issues on which he led the crats were in control of Congress. The in other words, make law and make Senate and our Nation, the one Ted number went down to 53 percent when sure it comports with your view of the Kennedy called the cause of his life was President Bush left office. We are now law. A judge is supposed to be a neutral the battle for affordable, quality health up to 94. We are seeing a significant in- umpire. They are not supposed to use care. He saw the need as universal— their moment on the bench to rewrite crease in the number of unfilled posi- made real by experiences deeply per- the law to make it say what they tions. Yet there are noncontroversial sonal. He was the father of three chil- would like it to say. If they would like nominees who have been approved by dren who faced serious illnesses and re- to write the law, let them run for Con- the Judiciary Committee who have not ceived the finest health care in the gress. been brought to the Senate floor. world. Mr. President, Judge Chen made a I will talk about the appellate court He understood firsthand the anguish number of speeches and statements because we think it represents a delib- of a parent who learns that a child is about which I am concerned. I will not erate effort to slow-walk the confirma- gravely ill. He found it unacceptable go into that today. But these are some tion process. that some Americans receive quality of the nominees who are going to have When President Clinton was in office, health care while millions of others do some difficulty on the Senate floor. we saw an escalating number of appel- not. Most of the nominees, such as the late court judges who were delayed and For almost 50 years, his voice thun- one on whom we are about to vote, will not acted upon—doubling from 16 to 32 dered in this Chamber and across the go through in an expeditious manner. when President Clinton left office. We Nation with a clear and compelling Too often a problem we are dealing know the appellate court is where most message: affordable, quality health with is that there is a philosophy out of the appellate decisions will be made care must be a basic right for all, not there—I don’t think it is a legal philos- because very few cases go to the Su- a privilege for the few. ophy but rather nonlegal—that it is le- preme Court. These are critical judges. In Senator Kennedy’s own maiden gitimate for a judge to look outside the During President Clinton’s years, the speech in this Chamber, he noted the law in judging, and that it is legiti- Republicans used every tactic they conventional wisdom that freshman mate for their personal policy pref- could to deny the confirmation of ap- Senators should be seen and not heard. erences and those matters to impact pellate judges. Look what Democrats But he felt compelled to speak out on their decisionmaking. did during President Bush, whether in the Civil Rights Act of 1964 because it We are talking about a lifetime ap- the minority or majority. We not only was the defining moral issue of that pointment to the Federal bench. There reduced the number of vacancies on the time. is no opportunity to examine the nomi- appellate court, we brought it down—in As the newest of freshman Senators, nees after they have been confirmed. 1 case, from 32 to 9. When President who is honored to stand briefly in his They should demonstrate that they Obama took office, it was 13. It is now place, I have no doubt about my obliga- will not render rulings that go beyond up to 21. tion to Senator Kennedy, to the values the plain meaning of the law. There are four nominees who have and friendship we shared, to the citi- The PRESIDING OFFICER. The Sen- been approved by the committee who zens of Massachusetts, and to the coun- ator’s time has expired. are ready for action right now on the try we love. So I am grateful for this Mr. SESSIONS. I thank the Chair floor of the Senate. This is an abuse of opportunity to speak out at another and just say that I intend to support the rights of the minority. We need to defining moment for our Nation, on this nominee. I will conclude by saying vote on these confirmations. The appel- what I and Senator Kennedy believe to that those of us in the minority intend late courts need these judges. The dis- be the moral issue of this time. to give these nominees a fair hearing trict courts need these judges. We At this moment, we are closer to re- and to allow the majority of them to have, right now, over 10 judges ready alizing the long-held dream that all

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10755 Americans have access to quality, af- will protect millions of Americans I am the 100th Member, the most jun- fordable health care than at any time against the crushing cost of long-term ior Member of this distinguished body. in our Nation’s history. By seizing this services and support so necessary in But I am hopeful that a newcomer’s moment, we will, at long last, put their senior years. perspective will be received as a con- America on equal standing with other But as this debate moves forward, we structive contribution to this debate. nations that long ago assured their who are privileged to serve in this his- Let me be candid. At this moment, citizens quality, affordable health care toric body, on both sides of the aisle, when American families are imperiled as a matter of right. have the opportunity and the obliga- by economic hardship and uncertainty, Despite the urging of Republican and tion to take the long view, to put aside it gives them no comfort to see the Democratic Presidents alike, from partisan politics and come together to Senate so politically polarized over an Theodore Roosevelt to Bill Clinton, the seize this unique and critical moment issue that should be bringing us to- United States remains the only indus- in our history. gether on their behalf. trial Nation that has yet to guarantee Bipartisanship works for the people. The accelerating health care and health care for all its citizens. Only 3 years ago, with Senator Ken- health costs crises strike fear in the It has been 40 years since Edward nedy’s guidance, Democrats and Repub- hearts of the average American family. Kennedy gave his first speech on this licans in Massachusetts worked to- These crises should not be dividing this issue. In an address at the Boston Uni- gether to adopt a health reform plan Chamber; they should be uniting us. versity Medical Center, he declared the approved by a Democratic legislature, These crises do not discriminate in time had come to establish a national signed by a Republican Governor, and their impact on our constituents. They plan to provide affordable and quality implemented with essential support are the common fears of Republicans from a Republican President. health care for every American. and Democrats, Independents and the The experience of Massachusetts was Rough estimates at the time sug- unenrolled, old and young, urban and bipartisan. It has helped to shape the gested 25 million were without any cov- legislation this Senate will soon con- rural, businesses large and small, erage. Today we have 46 million unin- sider. Our national legislation draws workers organized and unorganized, sured Americans. ideas from both sides of the aisle and the self-employed and the unemployed, In the four decades since Ted Ken- from all parts of the political spec- married and single, straight and gay, nedy issued that challenge, despite the trum. Similar to our Massachusetts re- and Americans of every ethnic or racial expenditure of trillions of dollars and a form, it will make a lifesaving and heritage. passing of a generation, millions of cost-saving difference for millions of These are the people we are honored Americans worry each day whether Americans, whatever their station in to represent. They expect us to work their health insurance will be there for life and whatever their political per- together in their common interests them and for their children. They fear suasion. and, I submit, they deserve no less. their insurance company will drop It is regrettable that efforts for re- Years from now, history will look them if they are sick or set limits on form in the Senate and the House have upon this debate and record that this their coverage that will leave them been under assault by special interests was our opportunity to act on a defin- destitute. They wonder if their insur- that have a financial stake in our failing domestic obligation of our time. ance will be adequate and if they are ing health care system. As part of that During the coming weeks, I hope each but one serious illness away from opposition, they have attacked the suc- of us will take the long view, think be- bankruptcy. cess of our reform in Massachusetts. yond the politics of the day, and come They ask why insurance companies But let me set the record straight. together in good faith to do what is are permitted to charge higher pre- First, because of our bipartisan re- right for our people. miums for women than for men. They forms, less than 3 percent of the Massa- When I accepted my oath of office a are afraid, if they lose their jobs, they chusetts population is without health month ago, much was made of my will be unable to get new insurance be- insurance today, lower than any other being the 60th vote for health reform. cause they have a preexisting condi- State. This debate should not be about one tion. Worse, tens of millions of our fel- Second, the most respected inde- party reaching 60 votes. It should be low citizens go to bed each night pray- pendent fiscal watchdog concluded that about 100 Senators reaching out to ing their children will stay well be- Massachusetts implemented its reform each other to reform a health care sys- cause they have no insurance at all. in a fiscally responsible and financially tem that will better reflect the true They work hard, they play by the sustainable way. values and character of our Nation. rules, they do everything possible to Third, unlike every other State, em- As this debate continues, we would provide for their families, but they ployer-based health insurance is in- do well to pause for a moment to hear need every penny to put a roof over creasing in Massachusetts. Ted Kennedy’s voice in the quiet of our their heads and food on the table. In Finally, according to a recent state- hearts. You and I know he will urge us the end, they simply cannot afford wide poll by the Harvard School of to seize this moment to come together health insurance. Public Health, 79 percent of the public, in this common cause and to make After decades of falling short of the and practitioners in every sector of the sure, at long last, that all Americans mark, quality, affordable health care Massachusetts health care system, in- will have access to the quality, afford- for all Americans is, at long last, with- cluding physicians, strongly supports able health care they have long de- in their reach. Thanks to the leader- our bipartisan reform. served and now so urgently need. ship of Senator REID, Senator DODD, Let me quote a recent message from I yield the floor. Senator BAUCUS, and others, in com- a Massachusetts doctor: The PRESIDING OFFICER. The Sen- bining the bipartisan work of the You will be glad to know that I just saw ator from Massachusetts. Health and Finance Committees, and the very last uninsured patient in my panel Mr. KERRY. Madam President, I con- thanks to similar work being done in of about 300 patients for whom I am the pri- gratulate my colleague from Massa- mary care physician. He is a 62-year-old dia- the House of Representatives and the betic electrician from Mattapan. He finally chusetts, who has made his first com- leadership and support of President got his insurance last month—with help of ments on the floor of the Senate, what Obama, we are closer than ever to fix- [the reform law], we are now finally getting is traditionally called a maiden speech, ing our broken health care system. his eye exam, his blood work, and refilling and what for many years a speech that Yes, there are issues yet to be re- all his prescriptions. often took months, if not, in some solved. In the days ahead, I, too, will That is just one example of a sub- cases, years for a Senator to make. The advocate for a public option because we stantial difference a bipartisan health times have changed and, indeed, the need to stimulate competition and re- reform measure has made in the lives issues have changed. Now Senators, by duce costs in the health care market- of the people of the Commonwealth of custom, address the floor much before place. Massachusetts. That is the kind of sub- that kind of time period has elapsed. I will also speak for the so-called stantial difference bipartisan reform Let me say I am glad that is the cus- CLASS Act, a voluntary, self-funded, can make in the lives of people all tom, and I am glad my colleague, PAUL self-insured, deficit-reducing plan that across America. KIRK, is here to share in his ability to

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10756 CONGRESSIONAL RECORD — SENATE October 27, 2009 be able to present his values and the I close by saying, as I looked across I congratulate my colleague on his values of Ted Kennedy and Massachu- at PAUL, I thought about this transi- maiden speech on the floor of the Sen- setts to the Senate, with respect to the tional moment, of his first speaking ate. issue he talked about today. and following in the footsteps of Ted The PRESIDING OFFICER. The Sen- I cannot say that for many of us who Kennedy from that seat and that desk. ator from Rhode Island. sat here and listened to this, as we It reminds all of us that we all come Mr. REED. Madam President, I sim- looked across the Senate at this desk, and we go here. It gives us a sense of ply wish to rise and acknowledge the that there still is not an adjustment as the timelessness, if you will, of this in- wise words of a good man and a good we look there and do not see our friend stitution. It reminds us that while we Senator in the great tradition of Ted Ted Kennedy but see, instead, the per- do change and we come and go, this in- Kennedy. son who has been chosen to follow in stitution is here, the Congress is here, I thank the Senator, for his work, his his footsteps. the country is here, the demands of the commitment, and his dedication. With I know Ted Kennedy would be both people are here, and good people keep his help, we will complete the work enormously proud and enormously coming here to try to meet those de- Senator Kennedy started. pleased that PAUL KIRK spoke the way mands and live out the best values for I yield the floor. he did today and chose to speak as he our Nation. f did about health care. I congratulate my colleague for rep- RECESS PAUL KIRK was in the Senate working resenting Massachusetts so effectively, for Ted Kennedy in 1969, when Ted Ken- for keeping faith with Ted Kennedy The PRESIDING OFFICER. Under nedy first took up the great cause of and this institution, and helping to re- the previous order, the Senate will health care. It was no accident that he mind us of the importance of the work stand in recess until 2:15 p.m. came to be here working for Ted Ken- ahead of us in the days ahead. Thereupon, the Senate, at 12:32 p.m., nedy, though it was somewhat of an ef- I yield the floor. recessed until 2:15 p.m. and reassem- fort because PAUL had chosen to work The PRESIDING OFFICER. The Sen- bled when called to order by the Pre- in the Presidential campaign of Robert ator from Illinois. siding Officer (Mr. WEBB). Kennedy. When Robert Kennedy was Mr. DURBIN. Madam President, next f assassinated, PAUL felt there was not a place in politics for him, and so he to the door of Senator Kennedy’s old EXECUTIVE SESSION stepped back for a moment. It took Ted office—now Senator KIRK’s office—is a Kennedy a considerable amount of per- small brass plaque that Senator Ken- NOMINATION OF IRENE CORNELIA sonal persuasion and effort to give him nedy had mounted near the door with BERGER TO BE UNITED STATES a sense that working in the Senate, an old Gaelic greeting: Cead Mile DISTRICT JUDGE FOR THE working with him was the best way to Failte—100,000 welcomes. With his first SOUTHERN DISTRICT OF WEST try to carry on. That was the beginning maiden speech on the floor of the Sen- VIRGINIA—Continued of an extraordinary working partner- ate, I extend to Senator KIRK, my colleague, officially, Cead Mile Failte, ship. I think PAUL worked with Ted The PRESIDING OFFICER. Under Kennedy until about 1977 or so in the 100,000 welcomes to this great body. the previous order, the senior Senator Senate, but he never stopped working The fact the Senator would stand and from West Virginia is recognized for 5 with him as both a friend and an ad- speak to an issue of such enduring sig- minutes. viser. He went on to become the found- nificance, not only to the Nation but to Mr. BYRD. Mr. President, I am very er of the Presidential Debate Commis- Senator Ted Kennedy, is entirely fit- pleased that the Senate will vote today sion. He chaired the Democratic Na- ting. to confirm West Virginia Circuit Court tional Committee. He has chaired the Forty-five years ago, Ted Kennedy Judge Irene C. Berger for a seat on the Kennedy Library, and now he comes to gave his maiden speech on the floor of U.S. District Court for the Southern us as an extraordinarily appropriate re- the Senate, addressing the moral issue District of West Virginia. I thank placement, to the degree there can ever of his time—the issue of civil rights. Chairman LEAHY and Ranking Member be a replacement—we all understand Over the years, he came to understand SESSIONS for moving the nomination the difficulties of that—for our friend the issue of health care is an issue of forward. Along with my colleague, Sen- Ted Kennedy. civil rights. His son, Congressman PAT- ator JAY ROCKEFELLER, I was proud to I thank him for his words today. I RICK KENNEDY, tells the story when his recommend Judge Berger, for she is not thank him for his willingness to come dad was in the hospital recently only an outstanding jurist, she is also and serve at a difficult time. I thank recuperating from cancer, he would an exemplary person. A native of him for being willing to go through all walk the wards. We can see him plod- Berwind, in McDowell County, WV, the gyrations one has to go through to ding along, going from room to room, Judge Berger has devoted her legal ca- meet the standards of the Ethics Com- talking to people about how they were reer to public service in West Virginia. mittee of the Senate to serve just, doing and, more specifically, how they As a young attorney, she provided knowingly, for 41⁄2 months. That is a were paying for their medical care. legal services to those who were most great statement both about his feelings Ted never stopped caring about not needy. As a prosecutor, Judge Berger about being chosen to fill the seat he only the many people he represented in obtained many high-profile felony con- fills but also about his commitment to Massachusetts and around the Nation victions. Judge Berger has served as a public service. but around the world. During the time circuit judge for the Thirteenth Judi- I thank my colleague for his com- he served in the Senate, he extended cial Circuit of West Virginia for 15 ments about health care. He is abso- the reach of civil rights and oppor- years—11⁄2 decades—and she has de- lutely correct; we are on the cusp of a tunity through health care, with Med- voted countless hours of service to her historic choice in this country, and I icaid and Medicare and COBRA and community. think it is more than fitting that PAUL children’s health insurance and so Through her drive and determina- KIRK, who knows Ted Kennedy’s staff, many other things that he was a part tion, Judge Berger broke barrier after who had such a close relationship with of. I am honored the Senator is here barrier. She was the first in her family him, who shares his values so in- today, as he has said, to be the voice to attend college. She was the first Af- tensely, is here to be part of this vote. and the vote of Senator Edward M. rican-American woman to serve as a He is absolutely correct. While he is Kennedy. The question asked is: Will circuit judge in West Virginia. Em- the 60th vote, it may change some of the circle go unbroken? With the Sen- bodying true mountaineer spirit and our ability to move or not move, the ator’s speech today, it is clear it is un- pride, Judge Berger’s contributions to thought he expressed about our desire broken; that the Senator is carrying on legal service and to education have to have all Senators join in this his- the fine tradition not only of Senator been substantial. Sitting on the bench, toric moment and weigh in, in a way Kennedy but of so many people who she will continue her fine service to her that permits more of them to take part were inspired by his words over the community and to the great State of is exactly what the Senate is about. years. West Virginia.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10757 I want to be the first to congratulate William Sessions of Vermont to chair This is all despite the fact that Presi- Judge Berger, and I thank my col- the U.S. Sentencing Commission. An dent Obama sent nominees to the Sen- leagues for their support of this very anonymous, unexplained Republican ate 2 months earlier than did President fine lady. hold stalled that nomination for more Bush. This is despite bipartisan sup- Mr. President, I yield the floor. than 5 months. The majority leader port from Republican Senators like Mr. LEAHY. Mr. President, it has was forced to file a cloture petition in Senator LUGAR, Senator THUNE, Sen- taken nearly a month to obtain Repub- order to end the obstruction. Cloture ator Martinez, Senator ALEXANDER, lican consent to consider the nomina- petitions were previously required to Senator CHAMBLISS, and Senator tion of Judge Irene Berger to the overcome Republican obstruction on ISAKSON for President Obama’s judicial Southern District of West Virginia. the nominations of David Ogden to nominees to judicial vacancies affect- Judge Berger is a consensus nominee serve as the Deputy Attorney General ing their home States. unanimously rated ‘‘well qualified’’ by and Tom Perez to serve as the Assist- When I served as chairman of the the American Bar Association’s Stand- ant Attorney General heading the Civil Senate Judiciary Committee during ing Committee on the Federal Judici- Rights Division. President Bush’s first term, I did my ary, the highest rating possible. Her I said last week before the Senate best to stop the downward spiral that nomination has the support of both of unanimously confirmed Judge Lange had affected judicial confirmations. West Virginia’s highly respected Sen- that these delays are a dark mark on Throughout my chairmanship, I made ators. Senator BYRD, as the senior the Senate. They prevent us from doing sure to treat President Bush’s judicial member of the Senate, is the President our work. Worse, this obstruction nominees better than the Republicans pro tempore and is the longest serving means that nominees must place their had treated President Clinton’s nomi- Senator in history. Senator ROCKE- lives on hold for an undetermined nees. During the 17 months I chaired FELLER is a senior member and the amount of time. The Senate should be the Judiciary Committee in President chairman of the Commerce Committee. the conscience of the Nation. These Bush’s first term, we confirmed 100 of I thank the Senators from West Vir- needless and harmful delays, particu- his judicial nominees. At the end of his ginia for their statements in support of larly in connection to consensus nomi- Presidency, although Republicans had the nomination, their work on this nees, make the Senate look foolish. chaired the Judiciary Committee for Judge Berger’s nomination is one of nomination, and their recommenda- more than half his tenure, more of his 13 judicial nominations reported favor- tions of outstanding judicial nomina- judicial nominees were confirmed when tions for West Virginia over many ably by the committee this year to fill circuit and district court vacancies on I was the chairman than in the more years. than 4 years when Republicans were in Republican delay in the confirmation Federal courts around the country. The President has worked hard to consult charge. of this consensus nominee continues a Senate Republicans began this year with Republicans and Democrats alike pattern that has been followed all year. threatening to filibuster every judicial Last week, the Senate was finally al- to make consensus, well-qualified se- nominee of the new President. They lowed to consider the nomination of lections. Unlike his predecessor, he has have followed through by dragging out, Roberto A. Lange to the District of not sought to turn judicial nomina- delaying, obstructing, and stalling the South Dakota. I regret that the Repub- tions into a partisan matter. Ten of process. The result is that 10 months lican minority allowed 3 weeks to lapse these judicial nominations were re- into President’s Obama’s first term, since the nomination was reported ported by the Judiciary Committee the Senate after today will have con- unanimously by the Judiciary Com- without a single dissenting voice. Yet, firmed only four of his nominations for mittee before allowing the Senate to due to the pattern of Republican delay, circuit and district courts while judi- consider it. They also required 2 hours this is just the fourth of those nomina- cial vacancies skyrocket around the of debate on the nomination, though tions allowed to be considered by the they used fewer than 5 minutes to dis- Senate. country. After reducing vacancies as cuss the merits of the nominee. In that It is now October 27. By this date in low as 43 last year, even during the last 5 minutes, the ranking Republican on George W. Bush’s first year in office, year of President Bush’s second term the Judiciary Committee endorsed the the Senate had confirmed a total of 12 and a Presidential election year, va- nomination. That nomination had the lower court judges, including 4 circuit cancies have already more than doubled to 95 vacancies around the country support of both Senator JOHNSON and court judges. We achieved those results in our Federal circuit and district Senator THUNE, a member of the Sen- with a controversial and ate Republican leadership. Ultimately, confrontational Republican President courts. There are another 26 future va- Judge Lange’s nomination was con- after a midyear change in the Senate cancies already announced. These va- firmed 100 to 0, but only after weeks of to a Democratic majority, in spite of cancies are at near record levels. We unnecessary delay. the attacks of September 11, despite can do better. The American people de- The pattern is being repeated today the anthrax-laced letters sent to the serve better. Justice should not be de- with respect to Judge Berger. When Senate that closed our offices, and layed or denied to any American be- confirmed, Judge Berger will be the working virtually around the clock on cause of overburdened courts. first African American in the history the PATRIOT Act. By comparison, this When will Senate Republicans allow of West Virginia to serve as a Federal year the Republican minority has al- the Senate to consider the nominations judge. For the last 15 years, Judge lowed action on only three judicial of Judge Hamilton to the Seventh Cir- Berger has served as a circuit judge in nominations to the Federal circuit and cuit, Judge Davis to the Fourth Cir- county court. Before that, she spent district courts, with only one circuit cuit, Judge Martin to the Eleventh Cir- more than a decade as a State and Fed- court confirmation all year. Judge cuit, Judge Greenaway to the Third eral prosecutor. Berger’s confirmation will raise the Circuit, Judge Honeywell to the Middle So I ask, why has the Republican mi- total judicial confirmations to only District of Florida, Judge Nguyen to nority delayed consideration of this ex- one-third of that achieved by this date the Central District of California, perienced and highly qualified jurist in 2001. Judge Chen to the Northern District of and of this historic confirmation for I made sure that President Bush’s ju- California, Ms. Gee to the Central Dis- the last several weeks? Will any Repub- dicial nominations were treated better trict of California, and Judge Seeborg lican explain why there will remain than President Clinton’s had been by to the Northern District of California? nine other judicial nominations re- the Republican Senate majority. By President Obama made his first judi- ported favorably by the Judiciary Com- contrast, Senate Republicans are mak- cial nomination, that of Judge David mittee on which Senate Republicans ing sure that President Obama’s nomi- Hamilton to the Seventh Circuit, in continue to refuse to allow the Senate nees are treated worse even worse than March, but it has been stalled on the to proceed? Two were reported in June they treated President Clinton’s nomi- Executive Calendar since early June, and have been stalled for more than 4 nees. By this junction in President despite the support of the senior Re- months. Clinton’s first year, the Senate had publican in the Senate, Senator LUGAR. Last week, the Senate also finally confirmed twice as many judicial The nomination of Judge Andre Davis confirmed the nomination of Judge nominees as we have this year. to the Fourth Circuit was reported by

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10758 CONGRESSIONAL RECORD — SENATE October 27, 2009 the Judiciary Committee on June 4 by on the Senate’s Executive Calendar Mr. KYL. The following Senator is a vote of 16 to 3, but has yet to be con- since June 11—more than 4 months. We necessarily absent: the Senator from sidered by the Senate. The nomination confirmed President Bush’s first nomi- South Carolina (Mr. DEMINT). of Judge Beverly Baldwin Martin to nation to that position, Eileen O’Con- Further, if present and voting, the the Eleventh Circuit has the support of nor, only 57 days after her nomination Senator from South Carolina (Mr. both of Georgia’s Senators, both Re- was made and 1 day after her nomina- DEMINT) would have voted ‘‘yea.’’ publicans, and was reported unani- tion was reported by the committee. Mr. DURBIN. I announce that the mously from the Committee by voice Her replacement, Nathan Hochman, Senator from Vermont (Mr. LEAHY) and vote on September 10 but has yet to be was confirmed without delay, just 34 the Senator from New Jersey (Mr. considered or scheduled for consider- days after his nomination. MENENDEZ) are necessarily absent. ation by the Senate. The nomination of President Obama’s nomination of The PRESIDING OFFICER. Are there Judge Joseph Greenaway to the Third Ignacia Moreno to be the Assistant At- any other Senators in the Chamber de- Circuit has the support of both New torney General in charge of the Energy siring to vote? Jersey Senators and was reported and Natural Resources Division has The result was announced—yeas 97, unanimously from the Committee by been on the Senate Executive Calendar nays 0, as follows: voice vote on October 1 but has yet to for over a month, even though it was [Rollcall Vote No. 328 Ex.] be considered or scheduled for consid- reported by the Judiciary Committee YEAS—97 eration by the Senate. All of these by unanimous consent. By comparison, Akaka Enzi Merkley nominees are well-respected judges. All a Democratic majority in the Senate Alexander Feingold Mikulski will be confirmed, I believe, if only Re- confirmed President Bush’s controver- Barrasso Feinstein Murkowski sial nomination of Thomas Sansonetti Baucus Franken Murray publicans would consent to their con- Bayh Gillibrand Nelson (NE) sideration by the Senate. Instead, the to the position only 1 day after it was Begich Graham Nelson (FL) President’s good efforts are being reported by the Judiciary Committee. Bennet Grassley Pryor Chris Schroeder’s nomination to be Bennett Gregg Reed snubbed and these nominees stalled for Bingaman Hagan Reid no good purpose. the Assistant Attorney General in Bond Harkin Risch The Senate’s failure to adhere to its charge of the Office of Legal Policy has Boxer Hatch been pending on the Senate Executive Brown Hutchison Roberts tradition of regularly considering Rockefeller Calendar since July 28. It was reported Brownback Inhofe qualified, noncontroversial nominees Bunning Inouye Sanders has not been limited to filling vacan- by voice vote without a single dis- Burr Isakson Schumer cies on the Federal bench. The Repub- senting voice. President Bush’s first Burris Johanns Sessions Shaheen lican minority has irresponsibly stalled nominee to head that division, Viet Byrd Johnson Dinh, was confirmed 96 to 1 only 1 Cantwell Kaufman Shelby nominations to critical posts in the De- Cardin Kerry Snowe partment of Justice, depriving the month after he was nominated and Carper Kirk Specter President, the Attorney General, and only a week after he his nomination Casey Klobuchar Stabenow was reported by the committee. The Chambliss Kohl Tester the country of the leaders needed to Coburn Kyl Thune head important divisions at the Justice three nominees to that office that suc- Cochran Landrieu ceeded Mr. Dinh—Daniel Bryant, Ra- Udall (CO) Department. These are important lead- Collins Lautenberg Udall (NM) chel Brand, and Elisabeth Cook—were Conrad LeMieux Vitter ers of our Federal law enforcement ef- Corker each confirmed by voice vote in a Levin Voinovich forts. Presidents of both parties, espe- Cornyn Lieberman Warner shorter time than Professor Schroe- Crapo Lincoln cially newly elected ones, are normally Webb accorded greater deference to put in der’s nomination has been pending. Ms. Dodd Lugar Cook was confirmed 13 days after her Dorgan McCain Whitehouse place appointees for their administra- Wicker nomination was reported by the com- Durbin McCaskill tions. Ensign McConnell Wyden mittee even though it was the final Yet, 10 months in to President NOT VOTING—3 Obama’s first term, five nominations year of the Bush Presidency. By con- DeMint Leahy Menendez to be Assistant Attorneys General re- trast, the majority leader may have to main stalled on the Senate’s Executive file another cloture position in order to The nomination was confirmed. Calendar due to Republican opposition overcome Republican obstruction and The PRESIDING OFFICER. Under and obstruction. These are the Presi- obtain Senate consideration of Pro- the previous order, the motion to re- dent’s nominees to run 5 of the 11 divi- fessor Schroeder’s nomination. consider is considered made and laid Instead of withholding consents and sions at the Justice Department—near- upon the table. filibustering President Obama’s nomi- The President will be immediately ly half. By comparison, at this point in nees, the other side of the aisle should notified of the Senate’s action. the Bush administration the Senate join us in treating them fairly. We f had confirmed nine Assistant Attor- should not have to fight for months to neys General and only one nomination schedule consideration of the Presi- LEGISLATIVE SESSION was pending on the Senate Executive dent’s judicial nominations and nomi- The PRESIDING OFFICER. The Sen- Calendar. The difference is that the Re- nation for critical posts in the execu- ate will resume legislative session. publican minority is refusing to con- tive branch. f sider these nominations. I look forward to congratulating The President nominated Dawn Judge Berger and her family on her MORNING BUSINESS Johnsen to be the Assistant Attorney historic confirmation, and I thank the The PRESIDING OFFICER. Under General in charge of the Office of Legal West Virginia Senators for their strong the previous order, there will be a pe- Counsel at the Justice Department on support of the nominee through an- riod of morning business until 5:30 February 11. Her nomination has been other extended and unnecessary delay. p.m., with Senators permitted to speak pending on the Senate Executive Cal- The PRESIDING OFFICER. The therein for up to 10 minutes each, with endar since March 19. That is the long- question is, Will the Senate advise and the time equally divided and controlled est pending nomination on the cal- consent to the nomination of Irene between the leaders or their designees. endar by over 2 months. We did not Cornelia Berger, of West Virginia, to be Mr. BYRD. I suggest the absence of a treat President Bush’s first nominee to United States District Judge for the quorum. head the Office of Legal Counsel the Southern District of West Virginia? The PRESIDING OFFICER. The same way. We confirmed Jay Bybee to Mr. HATCH. I ask for the yeas and clerk will call the roll. that post only 49 days after he was nays. The legislative clerk proceeded to nominated by President Bush and only The PRESIDING OFFICER. Is there a call the roll. 5 days after his nomination was re- sufficient second? There appears to be Mr. DURBIN. I ask unanimous con- ported by the committee. a sufficient second. sent that the order for the quorum call Mary Smith’s nomination to be the The clerk will call the roll. be rescinded. Assistant Attorney General in charge The assistant bill clerk called the The PRESIDING OFFICER. Without of the Tax Division has been pending roll. objection, it is so ordered.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10759 Mr. DURBIN. I ask unanimous con- employment insurance that would help to be able to find any before her bene- sent that during the pendency of the 18,000 people from the State of Wash- fits run out. She is working with her quorum call, the time be charged ington and millions of Americans bank, she told me, to try and adjust equally against both sides. across the country. I came here and her mortgage payments, but she told The PRESIDING OFFICER. Without told the story of three Washington me that if unemployment runs out, she objection, it is so ordered. State families who have lost their jobs fears her family is very much in danger Mr. DURBIN. I suggest the absence of in the most difficult time since the of losing their home. a quorum. Great Depression and who desperately Loretta is not alone. I also have a The PRESIDING OFFICER. The need the support that an extension story from a woman named Patricia clerk will call the roll. would give them to get back on their Obrist. She lives in Renton, WA. Patri- The legislative clerk proceeded to feet. Unfortunately, despite the hard cia and her husband both had jobs in call the roll. work of many of my colleagues on the the construction industry—good jobs, Mr. LEVIN. I ask unanimous consent floor, this small measure of financial she told me—but they were laid off that the order for the quorum call be stability has been delayed to families when business slowed down for the rescinded. across the country who need it the companies they worked for. She told The PRESIDING OFFICER. Without most, families who right now, as we de- me she has only 8 weeks of unemploy- objection, it is so ordered. bate about whether we will get to the ment benefits left and then, she said, f bill, are having a much more agonizing she is going to have to start dropping debate at home about how to make expenses such as health care, the car EXTENSION OF UNEMPLOYMENT next month’s rent or even next week’s payment, their mortgage. She asked BENEFITS grocery budget if their unemployment me for just a little more time for her to Mr. LEVIN. Mr. President, currently runs out. find a job and to give her a chance to the Nation’s unemployment rate is For these families, this bill will pro- avoid losing everything she has worked higher than it has been since 1983. In vide real help. It provides every single so hard for. my home State of Michigan, the unem- unemployed worker who has exhausted For Loretta, for Patricia, for their ployment rate is 15.3 percent, 5.5 per- his or her benefits, regardless of the families, and millions more like them, cent higher than the Nation’s unem- State they live in, an additional 14 these questions haunt them every day: ployment rate of 9.8 percent. Trans- weeks of support. It extends unemploy- What will we do if support runs out? lated into real people, this means over ment to laid off workers in States Where will we go when our savings are 15 million Americans are unemployed, hardest hit by job losses, including my exhausted, when the credit card pay- more than 740,000 of whom are living in home State of Washington, by 6 weeks. ments can no longer be met? What do Michigan. As of October 16, more than It makes critical changes to help more we do when the bank will not wait any 44,000 Michiganians have exhausted families, like making sure an addi- longer for a mortgage payment? Whom their much needed unemployment ben- tional $25 per week in benefits that do we turn to? efits, and by the end of this year, the Congress included in the recovery act In a time of national crisis, it is our number will rise to almost 100,000 peo- doesn’t count against someone who is job to make sure we are answering ple. Since the beginning of this year, seeking food stamps. those questions. We can, by helping to Michigan has been losing on average Washington State workers and Amer- provide a bridge to financial stability. 27,000 jobs per month. Our people need icans across the country have been We cannot sit on the sidelines. Doing help. hurt through no fault of their own. so would only compound the problems My constituents make a simple re- They are out there every day looking we already face. More families will be quest: Please act so our benefits do not for work. While we are seeing some pushed into bankruptcy, more homes run out. These people are eager, even progress on the economic front, for will be foreclosed upon, more people desperate for work. Until the economic many of them the job market is still will lose their health care, and less recovery that appears to be starting discouraging. Unemployment is now at progress will then be made on the road begins creating new jobs, these Ameri- 9.8 percent. That is a 26-year high. to financial recovery for all of us. We cans need our help. They need us to lis- Since this recession began back in De- can’t sit by as working families are ten. They need us to help ensure they cember of 2007, over 7.4 million people pushed to the brink by a financial cri- can still feed and clothe their families have lost their jobs, and the 15 million sis they did not create but they are and remain in their homes. Americans who are trying to find jobs paying for. Economists tell us that direct pay- are searching for an average of 6.5 I hope all our colleagues listen to the ments such as unemployment insur- months before something comes voices of their constituents and join us ance are also the best, most efficient through for them. in passing an unemployment extension way to boost economic activity in a While those statistics clearly point that makes sure the struggles of Amer- downturn. In fact, economists estimate out the need for this legislation, the ica’s laid-off workers are not ignored. that for every $1 we provide Americans stories behind those statistics are even This bill could not come at a more cru- in extended unemployment benefits, we more of a call to action. Last week, I cial time. generate $1.64 in new economic activ- told of the stories that have been pour- I wish to point out that these bene- ity. ing into my office from people who are fits would mean very little if we don’t Michigan’s families are waiting. unemployed in my home State of quickly get them into the hands of the America’s workers are waiting. We Washington. These are workers who people who need it most. The people of must pass this legislation extending are not asking for a handout; they are our State workforce agencies, people unemployment benefits. Every day just asking for a small measure of sup- such as the Employment Security De- that passes without doing so deepens port as they work very hard to try to partment in my home State, are crit- the pain and suffering of our people. get back on their feet. Today, I wish to ical to making that happen. Despite Today’s vote on cloture on the unem- share a couple more stories from the the increasing demand, they have been ployment benefits extension is a crit- hundreds that have come into my of- working tirelessly to serve unemployed ical vote for millions of Americans. I fice over the past few days urging me claimants, and I know this time will hope we rise to the occasion. The peo- to do everything I can to get this bill not be any different. So I wish to take ple of Michigan, the people who so des- passed. a second to applaud them for their ef- perately need work and cannot find it I heard from a woman named Loretta forts to make sure these funds are dis- are waiting eagerly and hopefully. Messick. She lives in Auburn, WA. She tributed as quickly as possible to eligi- I yield the floor. sent me a message just yesterday. She ble claimants. The PRESIDING OFFICER. The Sen- told me she has been working for more I appreciate all those who have been ator from Washington. than 25 years, but she was recently laid working hard to bring the unemploy- Mrs. MURRAY. Mr. President, last off for the first time ever in her career. ment extension bill to the floor of the week I spoke on the floor about the ur- She said she is desperately looking for Senate. I urge us to act now. We should gent need to pass an extension of un- work, but she is not sure she is going not block this with any other efforts,

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10760 CONGRESSIONAL RECORD — SENATE October 27, 2009 even though many of them are impor- dollar that was spent by the Federal version released by the Senate Finance tant. Our families are struggling. We Government was borrowed. Yet we Committee of which we finally got a cannot afford to see anybody else lose were talking about putting another $1⁄4 written copy last week, over 1,500 their health care or their home or their trillion—$300 billion with interest—on pages, currently being merged with the car or their financial stability. Let’s that Federal debt with the vote that Senate HELP Committee legislation— pass this unemployment extension and was held last week. again in a process which is very closed then move on to continuing the other So I was very pleased that biparti- to most Members of the Senate where a important work that comes before the sanship did break out on the floor of handful of people in a room are devel- Senate. the Senate and that we were able to de- oping this—we hope to see that merged I thank the Chair. I yield the floor feat a piece of legislation that, frankly, version at some point here in the not and suggest the absence of a quorum. would have saddled future generations too distant future and know what it is The PRESIDING OFFICER (Mr. with even more debt than they are al- going to cost because I think that is a UDALL of Colorado). The clerk will call ready facing. consideration all of us are going to be the roll. I think the next big issue in the de- following very closely: What is this lat- The legislative clerk proceeded to bate over health care, Mr. President, est version going to cost? call the roll. has to do with whether—in the legisla- For most Americans, the issue is Mr. THUNE. Mr. President, I ask tion that is being written behind closed going to come back to how it impacts unanimous consent that the order for doors—there is going to be a so-called my premiums. We have now seen the the quorum call be rescinded. public option, which is the phraseology Congressional Budget Office, we have The PRESIDING OFFICER. Without that has now been adopted to describe seen the Actuary at the Department of objection, it is so ordered. what I would characterize as a govern- Health and Human Services, we have Mr. THUNE. Mr. President, I ask ment plan, and whether that govern- seen a number of independent studies unanimous consent that when I am fin- ment plan is going to have an opt-in that have said this is going to bend the ished speaking the Senator from Illi- for States, an opt-out for States, or cost curve up, not down. In other nois be recognized. whether it will have a trigger that will words, you are going to see overall The PRESIDING OFFICER. Without take effect somewhere down the road. health care costs increase, you are objection, it is so ordered. All these questions, in my mind, belie going to see premium costs increase for the basic fundamental fact that what most Americans. f In fact, if you are one of the 185 mil- we are talking about is government- BIPARTISANSHIP lion Americans who derive their health run health care. insurance through their employer, you Mr. THUNE. Mr. President, last Whether we have a State opt-in or a are going to see higher premiums. week, something remarkable happened State opt-out or some sort of trigger, There are those who are going to get on the floor of the U.S. Senate—bipar- the conclusion is still the same: we are their insurance through an exchange— tisanship broke out. We had a vote going to have a government plan that 18 million Americans—for whom sub- where 40 Republicans were joined by 12 will compete with the private health sidies are available. But if you are one Democrats and 1 Independent to vote care market and the opportunities that down a piece of legislation that would of the 185 million Americans who get are available to most Americans. When their health care insurance through have added $250 billion—$1⁄4 trillion—to you do that, of course, I think you put their employer, you are not going to be the Federal debt. That $1⁄4 trillion, with the competitive marketplace at an un- interest, was $300 billion. eligible for a subsidy. You are, how- fair disadvantage because the govern- ever, going to be paying the higher It was highly anticipated, as we were ment, obviously, will have huge advan- heading toward that vote, that there taxes that are associated with this and tages, and eventually over time you you are going to see your premiums go would be enough support to pass it. But will see more and more people pushed I think it tells Members in the Senate, up. into that government plan, more and The most recent, I guess, analysis of and probably people around the coun- more employers will drop their cov- this, which was released last week by try, that there is a certain amount of erage as people gravitate toward the the Department of Health and Human discomfort among Senators when it government plan. Services, by the Chief Actuary there, comes to spending, borrowing, and add- My point simply is this: Whether you 1 suggested that overall spending for ing to the debt $ ⁄4 trillion. I think that call it a State opt-in or a State opt-out health care at the end of the 10-year is good. That is the kind of bipartisan- or a trigger, a government plan by any period would be up 2.1 percent. In other ship I wish we had more of in the Sen- other name is still a government plan. words, today we spend about $1 in ate: bipartisanship in the interest of What we are talking about is creating every $6 of our entire economy—one- fiscal discipline. Fiscal sanity in this a mechanism whereby the Federal Gov- sixth of our GDP is spent on health country would be a welcome prize for ernment can enter into the market- care. In 2019, we will be spending 21.3 most Americans. place and compete against the private percent or over one-fifth of our entire As we draw nearer to the next stage sector when it comes to offering health economy on health care. So $1 out of $5 of the debate on health care—and I care insurance to people in this coun- in our economy is going to pay for would argue that was sort of the first try. That, to me, is an unacceptable health care at the end of that period. vote on health care reform because it outcome and I hope one that will be de- What does that mean? It means health was a health care-related vote and, feated. care spending is going to increase by frankly, something many of us believe It seems to me at least that the vote about $750 billion over that period of needs to be addressed. The physician last week perhaps is an indication that time. That is the wrong direction to go reimbursement issue is an issue Con- there already is some discomfort devel- if you are talking about reform. gress deals with on a year-to-year oping among Members here, in a bipar- As I said before, most Americans, basis. This would have put a 10-year so- tisan way, on the direction in which when they look at how this impacts lution in place, but, again, at a cost of this health care debate is headed. them, want to know whether health $250 billion—$300 billion with interest— I think the No. 1 concern most Amer- care reform that is being acted on by and not paid for, borrowed, put on the icans have when it comes to health Congress is actually doing something Federal debt, a Federal debt which is care reform is the issue of cost. It real- to impact the cost of their health care already growing at a record pace. ly is. How are my day-to-day costs for in a positive way—in other words, that Last year, the deficit was $1.4 tril- health care going to be impacted by the cost for their premiums, their lion. The deficit this year is expected the debate occurring in Washington, health care premiums, is going down. to be at a comparable range, and every DC? Is health care reform going to I say again, based upon all the anal- single year, as we spend more than we drive that cost down or is it going to ysis that has been done with respect to are taking in, we borrow more and increase it? my State of South Dakota, I have seen more from future generations. In fact, What we have questioned consist- several studies which suggest that if last year, in fiscal year 2009, which was ently with respect to all the proposals you buy your insurance in the indi- just concluded, 43 cents out of every out there, including the more recent vidual marketplace, you could see your

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10761 premiums go up as much as 47 percent. ket for people in this country. Another ered this health reform bill—and it is a If you are a family buying in the indi- is to allow people to join larger groups big one because it affects $1 out of $6 in vidual marketplace, you could see your and get the benefit of group purchasing our economy and virtually every Amer- premiums go up as much as 50 percent. power, small business health plans— ican—there were over 500 amendments. In fact, there have been some analyses legislation voted on a number of times Over 150 were offered by the Republican done that suggested premiums could go here and always been defeated. We side of the aisle and adopted. There up as much as 73 percent for some peo- ought to address the issue of medical were 150 Republican amendments, and ple. malpractice reform and defensive medi- not one single Republican Senator What does that mean to the average cine, which costs, some estimates are, would vote for the bill. That is frus- American who is observing this debate? $100 billion a year in terms of addi- trating. It means not only are you going to see tional spending. Senator MAX BAUCUS, the chairman taxes go up—according to the Congres- There are many solutions that we of the Senate Finance Committee, de- sional Budget Office and the Joint Tax think make sense that actually do get termined to get bipartisan support, sat Committee, the tax increases in the at the issue of cost, which, as I said, is down with three Republican Senators bill are going to hit the middle-income where I think most Americans are con- literally for months—Senator GRASS- classes the hardest. In fact, about 90 cerned about health care reform and LEY of Iowa, Senator ENZI of Wyoming, percent of the tax burden will be borne where all the bills we have seen so far, and Senator SNOWE of Maine—and said: by those making less than $200,000 a including the one that was released by Let’s do this together. Let’s do a bipar- year. According to the Joint Com- the Senate Finance Committee, fall tisan bill. Eventually, one fell off, the mittee on Taxation, over 50 percent of short. It doesn’t do anything to impact other fell off, and finally Senator the tax burden will be borne by those premiums, the health care costs for SNOWE was the only one who would making less than $100,000 a year. The most Americans, at least those Ameri- vote for it. I applaud the Senator from South taxes are clearly going to hit right at cans who have health insurance; it Dakota calling for bipartisanship. We middle-class Americans. If you are a raises them at the same time it raises have tried. And the notion that we are senior over 65, you are going to see sig- taxes on working families in this coun- going to throw out all we have done nificant cuts in Medicare because that try and cuts Medicare for senior citi- and start over—what, another 500 is one of the ways the new expansion of zens to the tune of $1⁄2 trillion. this program, this new entitlement If you take a fully implemented 10- amendments in the HELP Committee? Another 150 Republican amendments, program, is financed and paid for. So year time period for this—bear in mind and then they are going to vote against you are going to see higher taxes, you that many of the tax increases in this are going to see cuts to Medicare, and the bill? bill are implemented immediately and We have a bill moving forward. It is then ironically, as I said earlier, you the actual other provisions in the bill a painful, difficult process, and the are going to see your premiums go up. are implemented later on down the other side has nothing except criti- The average American has to be sitting road in 2013. So you see a distorted cism. They basically tell us what is out there asking: What is the whole view of what this bill really costs. The wrong with our bill, and when we ask purpose of this exercise? 10-year fully implemented cost is $1.8 them: What will you do to significantly One of the things that has been advo- trillion, almost $2 trillion. That change health care in America, they cated in the debate over health care re- amount, of course, is financed evenly have nothing. The current system is form is we have to cover the people between cuts in Medicare Programs unsustainable. The cost of the current who are not covered. There are a lot of and tax increases on people in this system is going to break the backs of Americans who do not have access to country. individuals and families and businesses health care coverage today. That could I do not think that is what we want and governments. be addressed. There are lots of ways to see in terms of reform. It certainly Just 2 weeks ago, the insurance in- that could be addressed, but the way it is not what I think the American peo- dustry told us: If you pass health care is proposed to be addressed here actu- ple are expecting Congress to do. They reform, we guarantee you we will raise ally leaves 25 million Americans un- are expecting health care reform that premiums. And they will. Trust me, covered. So not only have you raised does do something about getting their they will. How do I know that? They taxes, cut Medicare, and increased pre- costs under control. This bill, the last have done that consistently every year. miums for people who already have in- bill we have seen—of course, we have a They just announced a 15-percent insurance, you leave 25 million Ameri- bill that is being merged now behind crease in health insurance for next cans without health care coverage. these closed doors which we hopefully year for businesses. Fewer businesses How can you, in any stretch of the will see in the near future—falls short will be able to offer health insurance. word, characterize or define that as on that account, and that is why I hope How can they say this with certainty? health care reform? there will be strong bipartisan opposi- You would say it is like guaranteeing As the debate gets underway, I hope tion to this legislation, allowing us to that the price of a certain commodity last week’s vote was an indication, at start over and in a step-by-step process is going up. least, of the initial stages of this de- work in a way that will actually im- What about competition? The fact is, bate; that there is some bipartisan sup- pact, in a positive way, the costs most there is little or no competition in port for constraining spending, for fis- people are paying for insurance in this health insurance. First, this is one of cal responsibility, and for fiscal dis- country by driving the overall cost of two businesses in America exempt from cipline; and that as we get into this, we health care down rather than up. antitrust. That means the heads of the can move away from this discussion I yield the floor. insurance companies selling health in- about a $2 trillion expansion of the The PRESIDING OFFICER (Mr. NEL- surance can legally sit down together Federal Government financed with tax SON of Nebraska). The Senator from Il- and collude and conspire on the pre- increases and Medicare cuts and pre- linois. miums they are going to charge people mium increases for 185 million Ameri- Mr. DURBIN. Mr. President, I ap- across America. They can decide how cans who get their insurance through plaud the remarks of the Senator from much they will charge and agree their employer and start focusing on South Dakota about bipartisan co- among themselves that they are going things that actually would provide operation on health care reform. We to charge the same thing. And they can greater competition and would bend have been trying all year, and unfortu- allocate markets in America and say, the cost curve down, would drive costs nately there has only been one Repub- well, this particular market in Los An- down for most Americans. We believe lican Senator, Senator SNOWE of geles belongs to this health insurance that is a fair place to start. Maine, who has voted to report a bill company, this market in Chicago be- We think there are things that could from committee; not a single Repub- longs to this health insurance com- be done that would accomplish that, lican Congressman—none—and no pany, and it is legal—the McCarran- one of which is allowing people to buy other Republican Senator. Ferguson law. It is legal. insurance across State lines, creating a In fact, when the Health, Education, When they threaten to raise health bigger market, a more expansive mar- Labor, and Pensions Committee consid- insurance premiums, mark my words,

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10762 CONGRESSIONAL RECORD — SENATE October 27, 2009 they can do it. The only thing that and we have extended their benefits, desperately? Well, we cannot pass it be- stops them is competition. If there is realizing we have not turned the corner cause on the Republican side of the some other entity out there offering as we hoped we would, and we still aisle they want to offer amendments. health insurance that is competitive, have to realize a lot of people will not Do the amendments have anything to at a lower price, then we have competi- be able to find jobs quickly. do with unemployment or the payment tion. What do we call that? The public It used to be this was done automati- of unemployment benefits? No. option. cally. We said: Well, we may bicker and One amendment from a Senator from The people who come to the floor and squabble over economic policy. We may Louisiana is to, once again, for the criticize the notion of a public option— disagree on a lot of issues, but we will fourth or fifth time in the Senate in I have yet to hear the first person come agree on this issue. The safety net in the last few months, flog an organiza- to the floor and criticize Medicare. We America should be there for unem- tion known as ACORN. How many created Medicare over 40 years ago and ployed people. Unfortunately, that has times are we going to take up the time said: If you are over the age of 50, we not been the case when it comes to the in the Senate to go after this organiza- are going to give you peace of mind. unemployment benefits we need today. tion? I do not know. But as long as it You won’t go to the hospital and lose We have tried, more than once, to is Exhibit A on rightwing radio and your life savings because of medical bring to the floor of the Senate a bill TV, Members will come to the floor bills. That is what Medicare is all to extend unemployment insurance for and say: Well, let me do something about. It has worked. Seniors live Americans who are still out of work that might be mentioned tomorrow on longer, they get better care, they have and need help. As I said, it should not one of these talk shows. their independence, and they can live be a partisan issue. The unemployment Well, that might be an interesting by themselves longer, which is exactly rate is close to 10 percent across the political exercise if it was not at the what they want to do. And they are not Nation. In many areas of the country, expense of these people who are basi- exhausting their savings. including my home State, it is even cally unemployed and running out of When I was a child growing up, it was higher. Each day that goes by more money. The Senator from Louisiana not unusual for grandma or grandpa to people are running out of their bene- wants to offer this amendment the come and move in with you because fits. fourth or fifth time. By the end of this they reached a point in their lives Here is story from a man who has year, nearly 9,000 families in Louisiana where they didn’t have anything, and written me from Mt. Vernon, IL, in will lose unemployment insurance ben- their families brought them into that Jefferson County, southern Illinois: efits if we do not act; 38,000 families in spare bedroom. It happened in my fam- I have been unable to find a job. I have Alabama; 4,000 families in Kentucky ily and a lot of others. Then came So- been unemployed since May 2007. My employ- will have lost their benefits during the cial Security, then came Medicare, and ment benefits exhausted in September. I am month of October alone; 5,000 families 54 years old. I have worked in factories most then came independence, where they in Arizona will have lost their assist- could have the kind of independence of my adult life. Therefore I have gone back to school. I still need a job. I realize I am not ance this month. they enjoy and want to have. I would like to believe, at some How many people have come to the the only one. Please help us. I have no health care insurance. I have no life insurance since point, even though we like to give floor criticizing the public option in I lost my job. I am praying for our country. speeches on the floor—and I am doing government health insurance and call- God bless you. it right now—that you might step back ing for the abolition of Medicare? A woman from my hometown in and say: It might be more important None. Not one. Maybe somebody will. I Springfield, IL, writes: that we pass this bill and then give the have yet to hear it. I am all for bipartisanship, but I hope Mr. Durbin, I lost my job when the econ- speech afterward. I hope we can. We omy went south at the end of last summer. we put it in context. If we are going to should not be surprised families need I am 54 years old, and at that awkward age, our help. Unemployment has jumped deal with cost, if we are going to make cannot retire, and not as attractive to em- sure Medicare is financially sound for across America. We need to do more ployers as a younger job candidate, no degree than just help Americans find work. years to come, if we are going to make and not enough work years left to pay back sure the abuses of the health insurance a student loan to get a degree. I have two We need to provide small businesses companies come to an end—whether kids. I am trying to help them get through better access to credit so they can preexisting conditions or caps on pay- college. I went from earning $30 an hour in grow and create jobs. We need to think ments for medical care—then we have telecom to $8.25 hour an hour in retail. With- about what other incentives we can put out my unemployment benefits, even my in place to help all employers, large to pass legislation. Merely coming here modest house payments are going to become and saying what is wrong with the ex- and small, create jobs. In the mean- difficult. Can anything be done to move the time, we need to fix the safety net. isting bill is not enough. extension through the Senate? I am down to There is also a need for bipartisan- my last couple of weeks of benefits. I have I would like to ask my colleagues ship when it comes to the unemployed lots of office skills and experience but can- who come to the floor and ask for bi- in America. Here is something on not quite compete in this tight job market. partisanship, can we be bipartisan which you would think we could all ba- Thanks for being our voice in the Senate. when it comes to unemployment bene- sically agree. If you are one of the un- The unemployment rate in Illinois fits? It is not just the Democrats who fortunate millions of Americans out of now is 10.5, in Peoria it is 11.1 percent, are out of work, it is Democrats, Re- work, if you have reached the point in Decatur it is 12.4 percent, in Kan- publicans, Independents, folks who do where you do not have a regular pay- kakee it is 12.8 percent, and in Rock- not vote, folks who do not think much check and you are trying to keep the ford it is 15 percent. Our State is not of us, and folks who may have thought lights on in your house, trying to pay alone with these numbers. a little bit more of us before we got the rent or the mortgage, put food on In the 19 days since Republicans in into this mess. This is a time for bipar- the table for your kids and some cloth- the Senate blocked our move to pass a tisanship. In about an hour we will ing and basic needs of life, gasoline in strong unemployment insurance exten- have a chance to vote. Let’s hope Mem- the car, we have always said in that sion bill, another 130,000 Americans bers from both sides of the aisle will situation, the American family—that who cannot find work have lost their come forward and stand up for these is all of us, the collective Nation of benefits. If we did not pass the exten- families who are so desperate. America—will come and help. sion of unemployment insurance this I yield the floor. Unemployment benefits will be the week, we will put 200,000 families in a The PRESIDING OFFICER. The Sen- first thing we will help you with so you position of not being able to put food ator from Oklahoma. have something, a check, to get by on on the table. It is that stark. It is that Mr. INHOFE. Mr. President, I ask while you are looking for another job. real. Some 20,000 of those families live unanimous consent that I be allowed to Sadly, this recession has been very in my State. speak as in morning business for such deep and has gone on for a long period How do I explain to my constituents time as I shall consume. of time. Millions of Americans have ex- why the Senate has not acted on this The PRESIDING OFFICER. Without hausted their unemployment benefits, bill that we obviously need and need objection, it is so ordered.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10763 Mr. CARDIN. Mr. President, reserv- whether anyone disagreed with the I mentioned what the National Black ing the right to object, and I am cer- finding that the net effect of cap and Chamber of Commerce had said about tainly not going to object, may I in- trade would be to reduce jobs. None that. I think that should stand. He quire how long my colleague will did. Again, this morning, most of the stated: Third, climate change and our speak? witnesses responded in the same way. dependence on foreign oil are a threat Mr. INHOFE. It will not be more Then Senator KERRY talked about to our national security. I agree with than 15 minutes. the NASA scientists. ‘‘The best experts that. We are dependent upon foreign Mr. CARDIN. I ask unanimous con- we have,’’ he said, ‘‘tell us that the last countries for our ability to run this sent that I be recognized immediately 10 years have been the hottest in dec- machine called America. after the Senator from Oklahoma. ades on record.’’ Unfortunately, this is a very partisan The PRESIDING OFFICER. Without Of course, we know that we have—in subject because it is the Democrats objection, it is so ordered. fact, just the other day, last week, who insist on having a moratorium on f BBC, which is certainly no friend of offshore drilling. The problems we are skeptics, in their lead story said: What having right now—we have something, CAP AND TRADE happened to global warming? This and this came out just last week. The Mr. INHOFE. Mr. President, this headline came out as a bit of a sur- new report from the Congressional Re- morning we had the first of 3 days of prise; so, too, might the fact that the search Service reveals that America’s hearings we are having on the proposed warmest year recorded globally was combined recoverable natural gas, oil, Kerry-Boxer climate bill. It was one I not 2008 or 2007 but 1998. It went on to and coal reserves are the largest on never quite had an experience such as say that for the last 11 years, we have Earth. that before. Senator KERRY came in, not observed any increase in global We keep hearing people say: We do was given 30 minutes to talk about the temperatures. In fact, we have actually not have these reserves. We do. Far same thing Al Gore has been talking had the indication we are starting an- greater than Saudi Arabia’s; they are about for the last 15 years, without any other cyclical cooling spell. No. 3. No. 4 is China. That is not even chance to rebut. Senator KERRY said: That is why talking about including America’s im- What I would like to do is take a few countries of the world, including India, mense oil shale and methane hydrate of the statements. It is a very con- China, and the United States, have deposits. So we have the largest refusing issue we have because we do not agreed to limit the global rise in tem- serves and the capability, I believe, and have a lot to work with. We were given perature to just 2 degrees Celsius. In I will make this statement and, hope- a draft of a bill with some analysis. I fact, this is not true. I am sure he fully, someone will refute it because I think it was a couple days ago—not thinks it is true or he would not have cannot find anything to the contrary; time to get into it. But the bottom line said it. But China is the world’s leading that is, we are the only country that is, it is going to be the same thing, ac- emitter of CO2. India is No. 3. India has will not develop its own natural re- cording to the EPA, as the Waxman- been moving up. We have a quote from sources. Markey bill. the top environmental minister in They say we are dependent on other So what I would like to do is use India, whose name is Jairam Ramesh: countries. Well, yes, we are because po- them interchangeably, since that was ‘‘India will not accept any emissions litically they will not let us develop the response we got from the EPA reduction target, period.’’ He went on our own resources. I would say that be- when we made a request that we be to say: ‘‘This is non-negotiable.’’ You tween the oil and gas and the coal—and given time to get an analysis, an EPA cannot get any more emphatic than of course we are all concerned about analysis of the bill. I think the words that. nuclear, we want to do everything we At the same time, when you talk were: You do not need an EPA analysis can to overcome the obstacle that such about China, they may give you some of the bill because it is the same bill, a small percentage of our energy comes lip service. Let’s keep in mind, though, for all practical purposes, as Waxman- from nuclear. However, that is not that China is cranking out coal-fired Markey. going to be here tomorrow. We need to generating plants at two a week right So that is what we have. I would like start working on that now. now. So that does not show there is to go over it point by point. Senator I am talking about things where we much interest in China to do anything can get energy produced right in the KERRY is correct that cap and trade close to what has been represented. will impose higher costs in the form of United States and stop—we could actu- The next statement made was that the higher prices for electricity and gaso- ally stop our dependence on foreign oil pollution reduction measures in this line. I think we do know these costs just by developing our own natural re- bill are tightly focused on maximum are there. sources. impact. Then Senator KERRY talked about 11 According to the National Black Only companies emitting 25,000 tons former admirals and high-ranking gen- Chamber of Commerce, the bill—which of carbon each year are covered, 98 per- erals who issued a seminal report warn- I will refer to as ‘‘the bill,’’ it could be cent of America’s businesses. The bill ing that climate change is a threat Waxman-Markey, it could be Kerry- still covers three-quarters of America’s multiplier. Boxer—the bill would increase gas carbon pollution. So what he is saying They talk about famines and catas- prices by 19 cents a gallon by 2015, 38 is that three-fourths, as near as I can trophes. These assertions, which were cents a gallon by 2030, 95 cents a gallon determine, of the carbon that is emit- first made by Al Gore back when he did by 2050. Also, electricity bills would ted comes from only 2 percent of Amer- his science fiction movie, have all been rise by about 4 to 5 percent in 2020. ica’s businesses. refuted. Consequently, when I hear 11 I say this because the head of the Na- The fact is, the Kerry-Boxer bill or former admirals and generals out of tional Black Chamber of Commerce ‘‘the bill,’’ I will say—because it could 4,000, if they could only find 11, I think was an excellent witness. He brought be Markey or the same—contains no they have a problem. the point home. Not only is this bill— provision to stop the EPA’s The other thing is the fact that the this cap-and-trade bill—expensive, it endangerment finding, which would bills would do virtually nothing to stop would be something that would be re- trigger a flood of regulations under the the pandemics, droughts, floods, and gressive because the percentage of ex- Clean Air Act. As such, all the sources the like. According to an analysis by pendable income by a poor person is far Senator KERRY mentions would be cov- Chip Knappenberger of Master Re- greater than a rich person on such ered in some form of regulation under source: things as home heating and driving the act. No matter how the economic and regu- your cars. So his whole point was it Second, Senator KERRY ignores the latory issues shake out, [Waxman-Markey] was a regressive tax. fact that the sources he mentioned will have virtually no impact on the future In a recent Energy and Natural Re- would be severely impacted by higher course of the earth’s climate. sources Committee hearing, Senator energy prices, declines in productivity, He went on: JEFF SESSIONS asked the government fewer jobs in the sluggish economy By the year 2050, the Waxman-Markey Cli- witnesses—the government witnesses that would arise because of Kerry- mate Bill would result in a global tempera- were CBO, EPA, EIA, and the CRS— Boxer and Waxman-Markey. ture ‘‘savings’’ of about 0.05 degrees Celsius.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10764 CONGRESSIONAL RECORD — SENATE October 27, 2009 That reminds me, back in the 1990s The cost is going to be there, and it cifically, is this just a warmed-over bill we had an analysis by, at that time, doesn’t seem to make too much dif- that passed the House, the Waxman- one of the top scientists around. This ference which of the five different ap- Markey effort, or is this something was done by then-Vice President Al proaches we soundly defeated in the that is different? According to the Gore. The guy’s name was Tom Wigley, past is under consideration. Senator EPA, it is about the same. I suggest it a top scientist. Vice President Gore KERRY also claims that India is work- is about the same as it was back in gave him the chart. He said: If we were ing on its own domestic legislation to 2005, 2003, and back during the Kyoto to sign on to the Kyoto Treaty, if we reduce carbon pollution. I already read discussion. complied with its emissions require- what their top people have said. They We will move forward. We have seen ments, how much would this reduce the have no intention of doing it. In fact, I certain incontrovertible truths that temperature in 50 years? have talked to people who are from have come up. One is there is no ques- The answer was 0.07 degrees Celsius. China, people who are saying: We are tion that if something like this is That is not even measurable. He didn’t sitting back and are kind of hoping passed, something like the draft form use that afterwards, but we found the maybe America will do this because, if we are discussing and having hearings report. Nonetheless it was there, and it they do, American manufacturers have on right now, if this should become a is quite obvious. to go someplace to find their energy. reality it would be the largest tax in- Stop and think about the fact that Since we have rationed it in this crease in the history of America. The we have gone through these natural cy- country, if we should pass such a cap- last large tax increase we had was in cles year after year. We have the cy- and-trade bill, then that would send 1993. It was called the Clinton-Gore tax cles, and they show what we are going more manufacturing jobs to places increase. It increased marginal rates, through. It reminds me—and I am old where there is no rationing. inheritance taxes, gasoline taxes, cap- enough to remember—of the middle I appreciate very much Lisa Jackson, ital gains taxes, all the rest. We were 1970s when the same publication, Time the new Director of the EPA. Several pretty outraged at the size of that in- magazine, and the rest of them, many weeks ago—she was there again this crease. That was a $32 billion tax in- of the same scientists said we would morning—she was on the witness stand. crease. have to do something about global I asked a question: If we were to pass According to all the analyses we are cooling because another ice age was one of these bills like the Waxman- looking at now, this would be 10 times coming, and we have to address it. Markey bill, and we were to pass it uni- the size of that tax increase. We have to keep in mind there is a laterally, how much would that reduce I yield the floor. lot of money in these statements. Peo- emissions globally? The PRESIDING OFFICER. The Sen- ple like to think a disaster is occurring The answer was, it wouldn’t. I would ator from Maryland. because there is a lot of money in it. go one step further. It will not reduce Mr. CARDIN. I ask unanimous con- That reminds me of something else them unless we include Third World sent that Senator KYL be recognized said this morning by Senator KERRY. when I have completed my remarks. He talked about Duke Energy and oth- countries, the major emitters—China, The PRESIDING OFFICER. Without ers. There are about five major cor- India, Mexico, and these other countries. If we don’t do that, then we will objection, it is so ordered. porations in America that joined a Mr. CARDIN. Mr. President, let me group called CAP USA. These were cor- chase our manufacturing bases where respond to my friend in regard to the porations that came in and said: We there are no restrictions, and that global climate change bill that was in- are stewards of the environment. We would have the effect, common sense troduced by Senators KERRY AND want to do something. We embrace cap would dictate, of increasing CO2 emis- BOXER. Today Chairman BOXER started and trade. sions. Then we stopped and did an analysis We have gone through this now for 10 hearings before the Environment and of the five that appeared before the years. I think it is going to come to a Public Works Committee on the cli- committee only to find that without climax in Copenhagen. Once every year mate change bill. I agree with my col- exception, each one of the five, if we the U.N. has this big party, and they league, we want to make sure we get were to have some type of a cap and have all these countries come in and this right. This is an important issue, trade—and it doesn’t matter whether it say what they are going to do to try to and we want to take the time nec- was the Markey bill or the current stop emission of greenhouse gases. essary to make sure this bill does what Kerry-Boxer bill—if we were to do that, I had one—I will not mention his it needs to do. we know what the results would be be- name, but he was from the West Afri- There is a sense of urgency for many cause we have gone through this before can country of Benin—who was there reasons. We can look globally at what over and over again. The idea that we the last time I attended one of these is happening with climate change and could have something like this and not conferences. It was in Spain at that the impact on the stability of coun- have the problems come has been time, I believe. Milan, Italy. I went up tries. We now have climate migrants, disproven for a long period. to this individual and I said: You and I those forced out of their homes because Let’s go back to the Kyoto Treaty. have talked about this before. You of rising sea levels. We actually have had five debates on know there is no relationship between I don’t have to take my colleagues to the Senate floor. We had the Kyoto greenhouse gases and global warming. Asia or Africa or Europe. I can take Treaty, then in 2005 the McCain- He said: Yes, but this is the biggest them to Maryland on the Eastern Lieberman bill, then the 2003 McCain- party of the year. So you are going to Shore, Smith Island is disappearing. Lieberman bill, then the 2008 Warner- have a lot of people to go to Copen- The residents are concerned as to what Lieberman bill. In each case we had hagen in December who really aren’t is going to happen to their homes. I analyses done by the Wharton School strongly behind the effort of the United can show them in my own State the ur- of Economics, by MIT, and other Nations. gency of dealing with global climate groups. They all agreed it would be an One last time, it all started with the change by talking to watermen who expensive proposition. They said it United Nations, the IPCC, the Inter- tell me the Chesapeake Bay is warming would cost the American public be- governmental Climate Change Pro- too quickly. As a result, the sea tween $300 and $400 billion a year. gram. It started there. They are the grasses are not surviving and juvenile I know that is difficult for people to ones who are perpetrating this thing. crabs cannot survive, affecting the wa- understand. How does that impact me? As we get into the debate—and we will terman’s livelihood. There is a sense of But we do have an analysis that breaks have more hearings tomorrow—I hope urgency for the sake of our environ- that down. For the average family, it we will be in a position, before we send ment, for the sake of America being an would cost about $2,000 a year. In my a bill to the floor from the Environ- international leader on this issue to State of Oklahoma, it would be more ment and Public Works Committee, to move forward with global climate than that because the price would be analyze it. change. higher in the central part of the United We have called upon the EPA to give Let me offer a reason with which I States than it would be on the east us an analysis so that we will have think everyone will agree: We need an coast or the west coast. something and we will know more spe- energy policy that not only allows us

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This sible she will lose her family home. for bills on which to put amendments. bill means more jobs in America by in- That is what we are talking about, I understand the frustration of some of vesting in technology that other coun- people in our communities who are un- my colleagues. Here is a bill, it is a tax tries are now investing more in than employed and cannot find employment. bill, let’s put a provision on it. Quite America. They understand the future is We now know there is about 1.9 million frankly, I have a few provisions I would going to be in wind power and solar Americans who will run out of unem- like to see enacted into law. This is not power and, yes, in nuclear power. This ployment benefits by the end of this the right bill to do it on. If we put bill allows us to move forward so we year unless we act, unless we take ac- amendments on this bill and let it go can keep jobs in America. tion. That includes about 25,000 Mary- back to the House with issues that are Lastly, I think everyone will agree landers who will find themselves with- unrelated to unemployment compensa- that from a strategic point, we need to out any benefits. Currently, there are tion, it could take a long time to rec- use less energy and produce more in over 15 million Americans who are un- oncile those differences. America. The bill Senator KERRY has employed and over 200,000 Marylanders We already have some differences brought forward will help us achieve who can’t find jobs. We need to act. We with the House with regard to the those goals. need to act on behalf of Bernice and States that qualify. Let’s reconcile I look forward to debating global cli- Charlene and the literally hundreds of that quickly so that individuals such mate change and energy policy. I hope thousands of Americans who shortly as Charlene, who currently are losing we can come together for the sake of will be running out of their unemploy- their benefits, know soon that they are the Nation, for the sake of the future, ment benefits. going to be able to continue to get and develop an energy policy that not The bill before us is an extension of these unemployment benefits. It is im- only will keep us safe, will not only an additional 14 weeks of benefits for portant that we act quickly to get the help our economy, but will be respon- every State in the country. The origi- job done. sible on international environmental nal bill that came over from the House One last point for my colleagues. issues and be an international leader. had a trigger mechanism of 8.5 percent This is important. It is the right thing f unemployment. I brought this chart to to do. It is what government is here show my colleagues why it is impor- for—to help people who are literally UNEMPLOYMENT EXTENSION tant to extend benefits in every State out of luck because of no fault of their Mr. CARDIN. Mr. President, shortly in this Nation. I think Maryland is a own but the economy. It is what we are we will be voting on a cloture motion typical State. supposed to do as far as the right type on the motion to proceed to the unem- Our unemployment numbers may be of social programs to protect people ployment compensation issue. Senator a little bit lower than the national av- during tough economic times. But DURBIN addressed this issue a few min- erage. We are in the 7 percent unem- there is a tradeoff that helps our econ- utes ago. I want to underscore how im- ployment rate. But look at the orange omy. This money goes directly back portant it is for us to move forward. counties in my State of Maryland: into our economy. Every dollar we pay Yesterday I had the opportunity to Cecil County, 8.6 percent unemploy- out in unemployment insurance bene- visit one of our employment offices in ment; Caroline County, 8.8 percent un- fits will come back and have a multi- Maryland. We have a one-stop location employment; Dorchester County, 10.9 plier effect of more money than we where people looking for work can percent unemployment; Somerset give in benefits in helping our economy come and get the services of not only County, 9.5 percent; Washington Coun- grow. So this is the right remedy to governmental agencies but nonprofit ty, one of the growth counties not far help our economy. It is the right thing agencies to help them find employ- from here, 9.4 percent unemployment— to do for the 1.9 million Americans who ment. I have been to these offices in some of those people commute to otherwise would lose their benefits by the past in Maryland. I have had a Washington to work—and then Balti- the end of the year. chance to talk to people who are seek- more City, the center of our State, 10.6 We have a chance in just a few mining employment. percent unemployment. utes to move this bill forward so it can When I walked into that office yes- I thank the leadership for bringing be reconciled with the House quickly, terday, I was shocked to see how many forward an unemployment compensa- and then we can assure the people of people were there. It was hard to get tion proposal to extend benefits that our community that, indeed, we re- through the door. People were coming apply to every State because we need it sponded and provided the appropriate in desperate to try to find jobs because in Maryland. I could talk about minor- type of relief for those who cannot find there are no jobs out there for them to ity unemployment and the fact that employment today. find. They are desperate to be em- the African-American unemployment With that, Mr. President, I yield the ployed, not only for the sake of having rate in this country is around 15 per- floor. income but for the dignity that comes cent. The Latino unemployment rate is The PRESIDING OFFICER. The Sen- with employment. We have a problem around 12 percent. There are pockets of ator from Arizona. out there. I think we all understand unemployment in all of our States that f that. are at extraordinarily high numbers, I will give you two people with whom and that is why we need to extend the AFGHANISTAN TROOP REQUEST I talked yesterday: Bernice from Anne unemployment benefits. Mr. KYL. Mr. President, I believe it Arundel County, a resident who worked Let me also point out that these are is now time for President Obama to for a mortgage company until it went not benefits that aren’t paid for. These move forward with General out of business, she has been unem- are insurance benefits. They are paid McChrystal’s plan for executing the ployed since September 2008. She is for by the current workforce. They pay war in Afghanistan and to fully support about ready to lose her UI benefits. She into a fund so we have money available his troop request. talked about how difficult it was for in a recession to help those who lose The President has correctly called her to talk about this, how difficult it their jobs and can’t find employment. Afghanistan a ‘‘war of necessity.’’ The was for her to tell her story. All she That is why it is called unemployment counterinsurgency strategy that he an- wants is a job. She wants the dignity insurance benefits. It is there for this nounced last March is a good one, and and income of a job. circumstance. it has been widely accepted. Having Charlene from Baltimore talked Is there anyone here who denies that read General McChrystal’s August re- about being employed by Business we are not in a tough time if you are port, I believe it may represent our Manager for Watermark Media. She looking for a job? We all know that. So only chance to successfully implement

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Our na- requested. sessment: tional security is at stake regardless of What exactly is General Ideally, the Afghan National Security the government in Kabul. The outcome McChrystal’s plan? Well, I think his as- Forces must lead this fight, but they will not of the Afghan runoff election on No- sessment demonstrates both a thor- have enough capacity in the near term given vember 7 will not change our mission ough understanding of the Afghan peo- the insurgency’s growth rate. In the interim, there. Whether Abdullah or Karzai ple and the enemy we are fighting. He coalition forces must provide a bridge capa- wins, our mission will be the same, and described the situation as: bility to protect critical segments of the time is not on our side. General population. The status quo will lead to fail- Three regional insurgencies [that] have ure if we wait for the ANSF to grow. McChrystal’s August report said we intersected with a dynamic blend of local have only 1 year. It is now down to 10 power struggles in a country damaged by 30 That is to say, the National Security months, and it will take time to get years of conflict. Forces of Afghanistan. troops in-country. Not an easy situation, obviously, and So, again, to simply argue we should I want the President to know and the he described the enemy as follows: train more NATO and U.S. security American people to know that Repub- The conflict in Afghanistan can be viewed forces in the interim is a false choice. licans will support the President if he as a set of related insurgencies, each of We need to do both. But in order to do follows through on his strategy and which is a complex system with multiple ac- the former, we must do the latter; that provides General McChrystal with the tors and a vast set of interconnecting rela- is to say, we have to increase our own resources he needs. But this must be tionships among those actors. The most im- troop strength in order to have the done in a timely fashion. The strategy portant implication of this view is that no ability to both hold the line and train can only succeed if it is implemented element of the conflict can be viewed in iso- the Afghan forces who will ultimately within the next 10 months and with the lation. be able to provide security for that resources that have been rec- In other words, we can’t defeat al- country. ommended. Qaida without also addressing its sup- Now to the matter of time. General The stakes are high in Afghanistan. port networks—the Taliban and the so- McChrystal said in his assessment: When President Obama announced his called Haqqani groups. These are the Time matters; we must act now to reverse strategy last March, he said: groups that work with al-Qaida, pro- the negative trends and demonstrate If the Afghan government falls to the tect it, and give it a place to hide when progress. Taliban or allows al-Qaida to go unchal- we attempt to deal with al-Qaida. One of the key points the general lenged, that country will again be a base for In order to effectively counter this made in his assessment was this: He terrorists who want to kill as many of our enemy, General McChrystal proposed a said: people as they possibly can. comprehensive plan that would effec- Mr. President, he was right. The Af- tively implement the President’s strat- I believe the short-term fight will be deci- ghan people are watching. When I was sive. Failure to gain the initiative and re- egy—improve the performance of the verse insurgent momentum in the near term in Afghanistan this past April and vis- Afghan security forces, prioritize re- (next 12 months)—while Afghan security ca- ited with tribal elders in Kandahar, for sponsible and accountable governance, pacity matures—risks an outcome where de- example, it was very clear the Afghan gain the initiative to reverse the feating the insurgency is no longer possible. people were looking to the United insurgency’s momentum, and focus our As he said, time is of the essence. By States for a commitment to their secu- resources on areas where vulnerable the way, this 12-month clock started rity. If we can’t provide that security populations are the most threatened. ticking in August when he submitted to them, they will be forced to make One of the key principles of General his report. So at this point, 10 months accommodations with the Taliban. McChrystal’s plan is increasing Afghan remain on the general’s stopwatch to Pakistan is also under threat, as Sec- ownership of its own security. He said turn the tide of this war. retary Clinton recently pointed out. in his assessment: She said: Even if the President makes the ISAF, with the Afghan National Security right call without further delay and The extremists in Pakistan, whatever their Force, must shift its approach to bring secu- titles or whatever their affiliation, are in- gives General McChrystal the resources rity and normalcy to the people and shield he needs to prosecute the strategy the creasingly threatening the authority of the them from insurgent violence, corruption, state. and coercion, ultimately enabling the Af- President ordered in March, it will We all know if nuclear-armed Paki- ghan government to gain the trust and con- take months before additional troops stan were to fall into extremists’ fidence of the people while reducing the in- are available for the mission. hands, the world would face a monu- fluence of insurgents. Unlike Iraq where we did have at mental crisis. Moreover, if Pakistan Further, General McChrystal de- least a nominal infrastructure in place, senses a lack of commitment on our scribes this step as necessary to fix in Afghanistan there are few roads and part, how long will it be until it seeks what he calls the ‘‘crisis of confidence’’ fewer other amenities and facilities accommodation with al-Qaida and af- in the Afghan Government and coali- with which to support the troops. All of filiated terrorist groups? tion forces. that takes additional time to create. For these reasons, we must not short- General McChrystal has also said The troop surge in Iraq didn’t turn change the mission in Afghanistan. that more effective integration and the tide of that war until 6 months General McChrystal was very clear partnership between Afghan and coali- after President Bush announced it. As I about the need for more troops. In his tion forces will enable a more rapid ex- said, that was on terrain significantly assessment he said the following: pansion of the Afghan security force’s easier to navigate than Afghanistan’s ISAF, [the International Security Assist- capacity and responsibility for secu- mountainous border region where ance Force]— rity. The same method was imple- many of our soldiers are fighting Of which the United States is a mented in Iraq, resulting in a dramatic today. part— increase in the quality of Iraqi security Coalition forces are losing ground to requires an increase in the total coalition forces. the Taliban with current troop num- force capability and end strength. So those who say we should only bers. According to General McChrystal: During an August speech to the Vet- train more Afghan troops and police Many indicators suggest the overall situa- erans of Foreign Wars, President present a false choice. General tion is deteriorating, despite considerable ef- Obama made this pledge to our Armed McChrystal proposes a total counterin- fort by ISAF. Forces: surgency strategy with both more Af- So I submit that President Obama I will give you a clear mission, defined ghan police and military forces; but should delay no longer a decision to de- goals, and the equipment and support you until they are trained sufficiently to do ploy troops that are necessary within

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10767 this 12-month timeframe set out by Qaida and other terrorist groups who Mr. President, in conclusion, I be- General McChrystal in order to retake are active in Afghanistan. But if we are lieve General McChrystal’s assessment the momentum of this war. viewed as an unreliable partner be- really rises above the political fray. It Finally, I mentioned earlier the Af- cause we are not willing to commit suf- offers an objective description of what ghan election should not delay the ficient troops, the people of Afghani- is happening on the ground and what President’s decision. I disagree with stan and Pakistan will hedge their bet resources are needed to turn the tide of the argument some have made that with the terrorists and their sup- this war. This report may represent our there should be some sort of test to de- porters. That is what has happened only chance to successfully implement termine whether the Afghan Govern- there in the past. the President’s March strategy—as I ment will be a reliable partner before When I went there last April and said, a strategy with which I think we we decide to commit additional troops. talked to Ambassador Holbrooke before all agree—and it will require the forces The very reason U.S. troops are I went, I said: Mr. Ambassador, what General McChrystal has recommended. fighting in Afghanistan is because message would you like us to try to Regardless of the current status of there is no strong government to main- convey? the Afghan Government, we must fos- tain security and fight corruption He said: Help them understand we are ter a situation in which it can grow there. The point is to make it more re- there for the long run. We are not into a government that can provide liable, to influence it to be less cor- going to cut and run; we are going to basic services, and that will require, rupt, and to protect the Afghan people stay with them and help them and do first of all, providing security for its so they will reject Taliban control and whatever is necessary for them to gain people. Our influence over this process support their government. control of their country. will be far greater if we make it clear I conveyed that message, and I be- We need to help foster a situation in that we are there to stay until our lieved it, and I want to believe it. But which the Afghan Government can goals are achieved. if we do not make the decisions to grow into an institution that can pro- It has been 2 months since General carry out this strategy the President vide for its people. That is what a suc- McChrystal sent his assessment to announced in March, then the Paki- cessful exit strategy will look like. We Washington. I respectfully submit my stanis are going to be asking the same should not curtail our effort in Afghan- recommendation to the President that questions we did a few months ago: istan because of a less-than-ideal polit- he approve this full troop request and Will you be with us? Will you stand ical situation today. that he do so as soon as possible. If he with us or are we going to have to President Karzai noted last week: does, as I said, I believe Republicans make accommodations with people nei- will be very supportive of his policy. The [Afghan] institutions are just young ther you nor we like very much? One Mr. President, I suggest the absence toddlers in this democracy that resembles a individual said: Why would they make toddler. It walks and falls. We have to under- of a quorum. enemies with the people they are stuck stand that, and we have to accept the Afghan The PRESIDING OFFICER (Mr. with long after we have left? In other elections in the context of the Afghan situa- KAUFMAN). The clerk will call the roll. words, they don’t live in a very good tion and the poverty and lack of means in The assistant legislative clerk pro- neighborhood. I think that is what this country. ceeded to call the roll. General McChrystal’s request is I add to that that President Karzai Mr. REID. Mr. President, I ask unan- about—proof that we are committed to and his administration need to be more imous consent that the order for the seeing this fight through against the forceful in helping to bring those insti- quorum call be rescinded. common enemy. tutions about, to ensure that the elec- The PRESIDING OFFICER. Without tion is not fraudulent and to ensure Interestingly, we faced a similar situation in Iraq. If we had opted against objection, it is so ordered. that his government is not corrupt and Mr. REID. Mr. President, what is be- to do what is necessary to gain the the surge in 2007, at a time when Iraq’s central government was extremely fore the Senate at this time? trust of the Afghan people. The PRESIDING OFFICER. The Sen- But are we likely to have more influ- weak and unable to protect its citizens from the insurgency there, the Iraqi ate is in morning business. ence in achieving that result by decid- f ing that we can’t commit the troops people most likely would not have been able to eventually take ownership of necessary to carry out the rec- UNEMPLOYMENT BENEFITS their own security. But they did. ommendations of General McChrystal, EXTENSION Similarly, if President Obama were all of which will probably push the Af- not to provide the additional troops Mr. REID. Mr. President, in about 50 ghans further toward the Taliban or by General McChrystal needs, I believe we minutes the Senate will be called upon making the point that we are going to risk allowing Afghanistan to become to vote on a motion to invoke cloture help establish the kind of government the country it was on September 10, on a very important piece of legisla- that is reliable and we are going to do 2001—a result that none of us want. tion extending unemployment benefits that by engaging in this counterinsur- In Iraq, the surge created the space for American workers. gency strategy with everything that it for Prime Minister Maliki to take Another 7,000 jobless Americans will takes, including the additional troops greater control and reduce corruption lose their unemployment insurance that are required, and thereby have the in the Iraqi Government, and a troop today, just as 7,000 did yesterday and kind of influence over the Afghan Gov- surge in Afghanistan would allow 7,000 more will tomorrow. The Repub- ernment that will bring it into a more President Karzai—or a new President licans have held up this matter for ap- reliable situation and enable them to Abdullah if he were to win—to do the proximately 3 weeks. What does that rely on the security we provide rather same. mean? It means that the first week, than making accommodation with the A stable and legitimate government 49,000 Americans were people whose un- Taliban? in Kabul is critical to the security of employment insurance ran out, and General McChrystal stated in his as- Afghanistan. But the United States they had nowhere to turn. In 2 weeks— sessment that one of the key sources of cannot hinge its strategy on the cur- the math is simple—it was 98,000 Amer- the Taliban’s strength is the percep- rent reliability of the Afghan Govern- icans from all over America, including tion by Afghans that a victory by the ment, and the President should not the State of Delaware and the State of Taliban is inevitable. We need to make wait until after the election to an- Nevada. In 3 weeks, it was 147,000 peo- sure it is not. How can the United nounce his troop decision. To do so ple, just the same. These are people States expect to influence matters in would suggest that the United States who are desperate. To say I am dis- Afghanistan if we are viewed as look- doesn’t have a core national interest of appointed in the way Republicans have ing for a way out and not putting in its own in Afghanistan, one based on shown a complete lack of regard for the the troops General McChrystal has re- our security. Yes, we aim to help estab- people behind those staggering num- quested? lish the rule of law in Afghanistan, but bers is an understatement. Approxi- Very importantly, this same question our core national interest in that na- mately 150,000 people have been hurt as applies to Pakistan. We ask Pakistan tion does not change based on who is a result of the intransigence of the Re- to help us fight the Taliban and al- elected in their November 7 runoff. publicans in the past weeks.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10768 CONGRESSIONAL RECORD — SENATE October 27, 2009 The Presiding Officer and the Sen- We are not asking for much, and we cans, we have about 150,000 who have ator speaking are from States that have the money to help them. Over the lost the relief they desperately need. have small towns and cities; 150,000 is a years, workers have contributed a lit- Today, while Republicans continue to huge city by Nevada standards. A city tle bit each paycheck to fund a safety waste time, to stall so we cannot get of 150,000—that is what has happened net in the event they lost their jobs. It things done here, another 7,000 will be these last 3 weeks. That is 150,000 peo- was insurance against unemployment. added to the approximately 150,000 who ple without anywhere to turn. Their That is what it is called—unemploy- have already lost their unemployment government is not helping them. They ment insurance. That is exactly what insurance. If we do not act, that num- have likely begged and borrowed from has happened. Now they want to take ber, by the end of the year, will be 2 family as much as they could. Their that money—money set aside for this million. I wonder how much higher savings are gone. purpose—to keep them afloat until does that number have to climb before We know that when the economy re- they land the next job. Republicans put people ahead of their covers, the unemployment rate is one We have a proposal—a paid-for pro- partisan excuses. of the last numbers to rebound. That is posal, one that does not add a dime to I suggest the absence of a quorum. what economists call a lagging indi- the deficit—to extend to workers their The PRESIDING OFFICER. The cator. That is just the way it is and has unemployment insurance by up to 14 clerk will call the roll. always been. So even as the economy weeks and up to 20 weeks in States The assistant legislative clerk pro- begins to turn around, jobs will turn such as Nevada that have been hit the ceeded to call the roll. around slower. hardest. We have the power and the Mr. BROWNBACK. Mr. President, I That fact, incidentally, is all the ability to do it. That is what we should ask unanimous consent that the order more reason for us to fix our economy do. It is the right thing to do. for the quorum call be rescinded. faster, to stop putting off reforming a The Republican response to that idea The PRESIDING OFFICER. Without broken health insurance system that might sound familiar. It is a word we objection, it is so ordered. bankrupts so many families. In Amer- have heard from them more and more Mr. BROWNBACK. Mr. President, I ica today, people are at the courthouse in recent days. The Republican re- ask unanimous consent to speak for 7 filing bankruptcy. Last year in Amer- sponse in helping the unemployed is minutes on the Republican time of the ica, 750,000 people filed bankruptcy be- two letters: No. Republican Senators time allotted after 5:30 p.m. cause of medical costs. from Louisiana, Alabama, Arizona, and The PRESIDING OFFICER. Without How many people do you think filed Kentucky are among those saying no objection, it is so ordered. for bankruptcy in France, Germany, to helping unemployed citizens in Lou- f Japan, Switzerland, England, Canada? isiana, Alabama, Arizona, and Ken- How many filed for bankruptcy as a re- tucky. I doubt that is the kind of legis- SUDAN POLICY sult of health care costs? Zero. People lating their constituents had in mind Mr. BROWNBACK. Mr. President, I say: Oh, socialized medicine. France, when they sent them to the U.S. Cap- wish to draw the attention of the body Germany, and Japan have private in- itol and asked them to be their voice in today to a policy initiative that was surance. Congress. put forward by the Obama administra- Our health care system bankrupts When we first brought up this bill 3 tion last week. It is on a topic a lot of many families. We need to do a lot of weeks ago, Republicans decided they people have been involved in for a long things to get us out of this hole we are would rather fight a partisan fight, as period of time. It involves Sudan, in. The sooner we do these things, the they have been doing now, than help Darfur, and the genocide taking place sooner jobs will come back. But they unemployed men and women in their in Sudan. It now involves new policy are not back yet. The people of Nevada own States. This unemployment is not steps the administration is proposing and others across the Nation are hurt- targeted to just a few States. The Re- to take to build a relationship and ing. Unemployment is at a 26-year high publicans decided to make a political overtures to the Sudanese Government. in our country and at an alltime high statement by demanding completely ir- This is engagement to the extreme in Nevada. We became a State in 1864. relevant amendments, amendments not because President Bashir of Sudan is It is the highest unemployment rate we germane, amendments that have little, an indicted war criminal whose govern- have ever had. if anything, to do with unemployment ment is conducting a genocide, as de- These good, hard-working people lost or even the economy, generally, and clared by the Congress of the United their jobs most of the time through no they decided the political statement States and the administration. For the fault of their own, and many lost their was more important than helping con- first time in the history of America, we health care along with it. They are stituents afford to pay bills. That is would be engaging an individual who is having trouble finding new jobs, and so wrong. It is an outrage. they are burning through whatever That day when we started this legis- both an indicted war criminal, being savings they have, if they have any, if lation, when we first brought it to the pursued by the International Criminal they put away for their old age or chil- Senate floor to help unemployed Amer- Court, and also who has conducted a dren. icans, Republicans said no. The sad genocide in Darfur. We are talking Some of these unemployed Ameri- part about it, they are still saying no. about: OK. We need to start maybe en- cans are beginning their careers, some I hope, after all we have been through gaging, and now there have been visas were at the prime of their careers, and and when that vote comes at 6 o’clock, issued to top members of President some are scrambling to finish, with we will have some brave souls step Bashir’s inner circle to come into the dignity, what they earned over decades across the aisle and help us get this United States and discussion of a car- of hard, honest work. done. rot-and-stick approach to Sudan, when This is the Democrats’ simple pro- When we started this process 3 weeks he is running a genocide in Darfur and posal. It is not very complicated at all: ago, they said no. The next morning, is an indicted war criminal. This is Let’s support those families who have 7,000 people woke up without the unem- atrocious on its face. It is engagement been the victims of this recession. ployment insurance on which they had to the extreme. It is wrong, and it They need to put food on the table, been counting. The next week we tried would be harmful to long-term U.S. in- send their children to school, and pay again. By now, we have 49,000 people terests. the ever-rising medical bills. who have lost their unemployment What happens the next time an indi- If you want to do something that will benefits. Once again, Republicans said vidual is involved in genocide? Do we help jump-start the economy, that will no. Again, 7,000 Americans lost the say: If you start behaving a little less stimulate the economy, how about giv- help they needed to get by. Then, last worse on your genocide, we will start ing these people who are out of work week, we tried again. Once again, the to give you some carrots to help you and have been out of work for an ex- Republicans said no. Again, we had a out. What about the next indicted war tended period of time a check? What week of 7,000 people losing their work criminal, do we say: If you are a little are they going to do with it? They are benefits. less bad, if you only kill 500 a day in- going to spend it. Why? Because they In the days since Republicans first stead of 1,000, we are going to start of- have to. said no to helping unemployed Ameri- fering you carrots instead of sticks in

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10769 this approach. This undermines the ment so the south can vote next year Act. We need to act on behalf of unem- moral authority of the United States. and will probably vote to secede and ployed Americans and their commu- It is the wrong thing to do. form its own country in the south. I nities. In helping our unemployed I wish to give a couple historical ex- think that is prudent and wise, after neighbors, we also can help to keep amples. many years of civil war and the nego- open the neighborhood grocery store Toward the end of World War II, tiations that took place to get a north- and the neighborhood gas station. That Heinrich Himmler, who was No. 2 in south agreement. But I do not at all is how unemployment insurance bene- charge—but after Hitler committed think you can trade that for us negoti- fits not just people who are unem- suicide was No. 1 in charge—of Nazi ating with this indicted war criminal. ployed but helps communities. Germany reached out to the Allied I urge my colleagues not to support In helping our unemployed neighbors, commander, General Eisenhower, and this effort on behalf of the administra- we also help to keep houses out of fore- wanted to start negotiating with him: tion to engage a genocidal regime in closure. In helping our unemployed If he could be allowed to live, they Khartoum. neighbors, we also help our economy might negotiate some sort of settle- I appreciate my colleagues’ atten- and ourselves. ment. Eisenhower completely ignored tion. I yield the floor. The House of Representatives passed it and treated him like the war crimi- Mr. BAUCUS. Mr. President, I sug- a bill to give an additional 13 weeks of nal he was. Can you imagine if we gest the absence of a quorum. benefits to unemployed people in would have started negotiating with The PRESIDING OFFICER. The States with unemployment rates of 81⁄2 Himmler at that time? clerk will call the roll. percent or more. That is what the Let me give some more recent exam- The assistant legislative clerk pro- House did. I commend our colleagues in ples. What about Serbian leader ceeded to call the roll. the House for their rapid response. But Karadzic, the so-called ‘‘Butcher of Mr. BAUCUS. Mr. President, I ask Leader REID and I want to make sure Bosnia,’’ accused of slaughtering hun- unanimous consent that the order for all Americans who have exhausted dreds of thousands of innocent people? the quorum call be rescinded. their benefits during these tough times The State Department did not say: If The PRESIDING OFFICER. Without get help. you are a little less bad and don’t kill objection, it is so ordered. Today we are joined by Senator REED quite as many people, we will start ne- Mr. BAUCUS. Mr. President, what is of Rhode Island, Senator SHAHEEN, gotiating with you. They didn’t say the pending business before the Sen- Senator DODD, and a total of 38 Sen- that. They put a $5 million reward out ate? ators in all in offering an amendment to anybody who gave us information f to the House bill. Our amendment leading to his capture, and he cur- would give 14 additional weeks of bene- UNEMPLOYMENT COMPENSATION rently resides in a prison in The Hague. fits to unemployed people who exhaust EXTENSION ACT OF 2009—MOTION What about Charles Taylor, the their benefits no matter what State TO PROCEED ‘‘Butcher of Liberia,’’ who ran on an they live in—14 additional weeks of election slogan—listen to this: ‘‘He The PRESIDING OFFICER. Under benefits for everyone. Our amendment killed my pa, he killed my ma, but I the previous order, there will be 30 would also give 6 additional weeks of will vote for him.’’ That was his elec- minutes of debate prior to a vote on benefits on top of that to unemployed tion slogan. Taylor was directly in- the motion to invoke cloture on the people who exhaust their benefits in volved in coordinating and supporting motion to proceed to H.R. 3548, with States with 81⁄2 percent unemployment unthinkable atrocities over many the time equally divided and controlled or more. So 14 weeks to all States, and years and, after ceding power, was in- between the leaders or their designees. then an additional 6 weeks in those dicted for war crimes and crimes Mr. BAUCUS. I thank the Chair. States where unemployment is 81⁄2 per- against humanity. Mr. President, the unemployment cent or more. Here is an indicted war criminal. Did rate is now 9.8 percent. Before long The total cost of our package is $2.4 we say to him: OK. Mr. Taylor, if you economists expect it to top 10 percent. billion and paid for with an extension start not killing as many people, we That means nearly 15 million Ameri- of the Federal unemployment tax, or will negotiate with you? Of course not. cans have lost their jobs—15 million. FUTA, until June 30, 2011. What the Congress did was offered and That is 15 million people looking for Today we have a chance to lend sup- passed legislation giving a $2 million work. About 5 million people have been port to unemployed Americans. In so reward for Taylor’s capture, and he looking for work for more than 6 doing, we have a chance to help our now sits in a prison in The Hague. months. There are about 3 million job economy and ourselves. But first we It would be unthinkable for us, in openings. That is 15 million people have to proceed to the bill. I urge my those circumstances, to say: OK. We chasing 3 million jobs. colleagues to support this important will start negotiating with these in- We are in what folks call the ‘‘Great legislation and vote for the motion to dicted war criminals, butchers of their Recession.’’ Real people are facing real invoke cloture. own people, and we are going to start hardships every day. On September 15 Mr. President, I yield 5 minutes to working with you because you are of this year, the Finance Committee the Senator from New Hampshire, Mrs. going to act a little less bad. Yet that held a hearing on unemployment insur- SHAHEEN, who is one of the main co- is what we are talking about with ance benefits and where we would go sponsors of the amendment. She is the President Bashir, an indicted war from there. Senators discussed the ef- real strong advocate of getting this criminal, conducting a genocide in fects of the current condition on bene- legislation passed and a strong advo- Darfur that we have declared. ficiaries, the business community, and cate for the people of her State, and I We have had hundreds of thousands the State unemployment systems. We deeply appreciate her work. of people across America going to ral- considered proposals to support unem- The PRESIDING OFFICER. The Sen- lies to save Darfur, and now we are ployed workers through the continuing ator from New Hampshire. talking about a carrot-and-stick ap- recession. Mrs. SHAHEEN. Mr. President, I proach with him? A recent edition of the Federal Re- thank Senator BAUCUS for his very I say no. I say we cannot do this, and serve’s Beige Book reported that the kind remarks and for his leadership to if we do this in this circumstance, what economy is still stabilizing. Unfortu- do something to help those workers about future genocidal regimes? What nately, the labor market still remains who are unemployed across this coun- about future indicted war criminals? Is weak. Companies are being cautious try who are losing their benefits and there any standard upon which the about adding permanent staff. Instead, don’t know where to turn. United States can or will stand at they are asking more from their exist- As Senator BAUCUS has said, the Sen- those points in time or could we, at ing staff. ate is about to vote on a motion to ad- that point in time, if we do this in this We need to continue our work to cre- vance the Unemployment Compensa- particular case? ate jobs, and we also need to help our tion Extension Act. I am disappointed I am all for getting some form of neighbors who are looking for work. that we still haven’t been able to pass movement on the north-south agree- That is what we did in the Recovery this extension, but this evening we can

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10770 CONGRESSIONAL RECORD — SENATE October 27, 2009 vote to overcome a procedural hurdle has been using his unemployment bene- Mr. BAUCUS. I yield to the Senator and take an important step forward. fits to support his family. Richard used from North Dakota as much time as he As Senator BAUCUS has said, this is to have a management job, and at wishes. critical legislation that will help near- interviews he has been told time after The PRESIDING OFFICER. The Sen- ly 2 million jobless Americans who are time that he is overqualified and he ator from North Dakota is recognized. about to have the safety net pulled out would not be considered. Employers Mr. DORGAN. Mr. President, I appre- from under them. The bill provides 14 think he will leave their job as soon as ciate the courtesy of the Senator from additional weeks of unemployment in- better opportunities open. Montana. surance to jobless workers in all 50 But Richard has a family to support The issue before us is very simple. States, and in those States where un- today and his benefits are going to run When you have a severe economic employment is the highest, they would out soon. He is like many Americans downturn of the type we have had, a receive an additional 6 weeks. looking for work right now. If we do very deep recession, that is when you For 3 weeks, this critical legislation nothing, he could lose his credit, his try to employ the economic stabilizers has been delayed for nothing more than car, and his home. that help people who lose their jobs— political reasons. In that time, more Extending unemployment benefits unemployment insurance. The exten- than 100,000 Americans have exhausted will help Richard and Carry-Ann and sion of unemployment insurance has their unemployment benefits. The their families and tens of thousands of almost always been nearly automatic American people should be outraged others like them across this country. It because everyone understands the ur- about these delays. I hope today those will help them weather this storm. gency of doing it. When many addi- in opposition will end their obstruc- As I have said many times, when we tional people have been unemployed for tion, will stop the political games, and extend unemployment, we are not just lengthy periods of time, you try to will help us pass this bill to stimulate helping jobless workers, we are also reach out and help. our economy and help those Americans helping the businesses that provide the The cloture vote tonight is on a mo- who, through no fault of their own, goods and services that unemployed tion to proceed, and it so demonstrates can’t find a job. workers need. People collecting unem- the dysfunction of the Senate these I am confident that when we finally ployment spend their benefits imme- days. The motion to proceed is filibus- get to the vote, this extension will gar- diately on necessities to keep their tered by the other side when we are ner the broad bipartisan support it de- families going, which means these dol- trying to help some folks who have lost serves. That is because unemployment lars get into communities almost as their jobs. Many have lost hope during isn’t a New England problem or a Mon- soon as the check arrives. a steep economic decline. We can’t tana problem or a southern problem. It Economists say, dollar for dollar, ex- even get cooperation on a motion to isn’t a Republican, an Independent, or tending unemployment benefits is one proceed to try to address the extension a Democratic problem. It is a hardship of the most cost-effective actions we of unemployment benefits. It is pretty that hits every community in every can take to stimulate the economy. unbelievable to me. State in every part of our country. Passing this extension of unemploy- Last fall, I watched some of the same I recently visited an unemployment ment benefits is the right choice for folks who were objecting to that rush office in Manchester, NH, and I heard unemployed workers and for our com- to the starting line to see if we from people who, despite their best ef- munities. couldn’t give hundreds of billions of forts, are unable to find a job. They Mr. President, this extension is long dollars to the biggest financial firms in want to get back to work, but they overdue. We owe it to those Americans the country that ran this economy into face one of the worst job markets since who are out of work to pass this exten- the ditch—let’s give them a lot of the Great Depression. I want to share sion. money. But you know what, not when this afternoon a couple of stories I I yield the floor. it comes to helping the folks at the heard from unemployed workers and Mr. BAUCUS. Mr. President, if Sen- bottom, those who have lost their jobs. those who have called my office plead- ator SHAHEEN wishes to take more By the way, last month 263,000 Amer- ing for help. time, I am more than willing to extend icans lost their jobs; last month— Carry-Ann is a 39-year-old single it to her. 263,000. Just pick one out of 263,000 and Mrs. SHAHEEN. I have finished, but I mother from Concord. She wrote that think of somebody coming home from thank my colleague very much, and I she has been out of a job for more than work and saying: Honey, I have lost my yield the floor. a year, and she has been relying on un- job; to say to their husband or wife: I Mr. BAUCUS. I thank the Senator employment to support her two teen- have lost my job. It wasn’t because I very much. agers and to pay the mortgage. Carry- I say to my colleagues that now is a did a bad job, it was because they cut Ann qualified for a job training pro- good time to speak on extending unem- back at the plant or the office, so now gram, and she has been training for a ployment insurance, now that we are I am unemployed. It was not their career in health care. on the motion to proceed. We will vote fault. The question is, What do we do That is appropriate, given the other fairly quickly, but if Senators do want when this happens? Normally when debate that is going on in this body. to come over to express their views, this happens, we extend unemployment She has been training for that career now is the time to do so. benefits to those who are facing very in health care because she knows that Pending the arrival of Senators, Mr. difficult times. is a sector that needs workers. But if President, I suggest the absence of a This is the steepest, deepest eco- her unemployment runs out, she wrote, quorum, and I ask unanimous consent nomic decline since the 1930s. This she will lose her home and she will that the time during the quorum call country has been in very serious eco- have to relocate, which means she be equally divided between both sides. nomic trouble for some long while now. would not be able to finish her job The PRESIDING OFFICER. Without It nearly fell off a cliff last October. So training program and will lose the objection, it is so ordered. The clerk this action now should be almost auto- prospects of getting a good new job. will call the roll. matic. But nothing, even common Carry-Ann isn’t asking for a handout. The assistant legislative clerk pro- sense, is automatic around here be- She is trying to gain self-sufficiency ceeded to call the roll. cause we are now struggling, at the end for herself and for her family by get- Mr. BAUCUS. Mr. President, I ask of today, a Tuesday, to get a cloture ting educated and gaining the skills unanimous consent that the order for vote on a motion to proceed to do she needs to build a career. But she the quorum call be rescinded. something that everybody knows we will be unable to do so unless we pass The PRESIDING OFFICER. Without have a responsibility to do. It is almost this extension. objection, it is so ordered. unbelievable. Richard is a 43-year-old from Mr. BAUCUS. Mr. President, I ask I want to say how frustrating it is Somersworth, NH, one town over from the Presiding Officer, how much time that we do not get any cooperation on where I live in the southern part of the is remaining on each side? anything to move forward things that State. He explained that he has been The PRESIDING OFFICER. There is are of an urgent nature. I suppose this looking for work for over a year. He 7 minutes for each side. is not urgent, perhaps, unless you are

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10771 unemployed and trying to figure out: Harry Reid, Patty Murray, Mark Udall, parison, the unemployment rate per- How do we get the money to eat? How Roland W. Burris, Mark Begich, Byron centage is lower than a lot of States, do we get the money to pay rent? How L. Dorgan, Frank R. Lautenberg, Amy but in many parts of our State it is at do we get the money to provide the Klobuchar, Bill Nelson, Jack Reed, a historic high, or at least a 15-year Carl Levin, Jeff Bingaman, Bernard funding for the kids to go to school? It Sanders, Sherrod Brown, Sheldon high. What that means in Pennsylvania is probably not urgent for people who Whitehouse, Barbara Boxer, Kirsten E. is that we have just about a half a mil- are not in that situation, but if you are Gillibrand, Richard J. Durbin. lion people out of work, even though in that situation during a very severe The PRESIDING OFFICER. By unan- some States have a much higher per- economic downturn, this is urgent. We imous consent, the mandatory quorum cent in their unemployment rate. So need to extend these benefits. call is waived. we have a half million people out of My colleague from Montana and his The question is, Is it the sense of the work. committee have worked on this and Senate that debate on the motion to The fact that we just had this vote on brought it to the floor. It would have proceed to H.R. 3548, the Unemploy- unemployment insurance is vitally im- been nice if they had gotten just a lit- ment Compensation Extension Act of portant. It helps us meet a real need tle cooperation so we would not have 2009, shall be brought to a close? across the country. So we have an eco- to go through this, file a cloture mo- The yeas and nays are mandatory nomic crisis. People are living through tion, wait 2 days for it to ripen, then 30 under the rule. The clerk will call the the loss of a job, the loss of a home, or hours postcloture. What is the deal? I roll. both—in some ways, the loss of their don’t understand at all. Dig your heels The bill clerk called the roll. hopes and their dreams. Unfortunately, in when it comes to trying to help the The yeas and nays resulted—yeas 87, even as we get through this, even as we folks who need help the most and say nays 13, as follows: begin to recover, and even as we are the sky is the limit when it comes time [Rollcall Vote No. 329 Leg.] dealing with a longer term challenge to to help those who have the most? That YEAS—87 our economy, which is health care— turns logic on its head, in my judg- Akaka Feinstein Merkley which is one of the reasons I think we ment. Alexander Franken Mikulski have to pass a bill this year—there are My hope is that at 6 o’clock tonight Baucus Gillibrand Murkowski other threats we have to bear in mind. Bayh Grassley Murray when we vote, we will have the 60 Begich Gregg Nelson (NE) One of them involves not just busi- votes. We should never have been put Bennet Hagan Nelson (FL) nesses but, by extension, workers and in the position to have to try to break Bennett Harkin Pryor families. I speak of the funding of pen- a filibuster on a motion to proceed. We Bingaman Hutchison Reed sion plans. Boxer Inouye Reid are not even on the bill; it is a motion Brown Isakson Risch A lot of businesses across the coun- to proceed to the bill. What an unbe- Brownback Johnson Roberts try—a lot of workers have come to lievable lack of cooperation on some- Burr Kaufman Rockefeller Washington to remind us that this pen- Burris Kerry Sanders sion issue is a looming problem for a thing that is so essential during a steep Byrd Kirk Schumer economic downturn, to help those Cantwell Klobuchar Shaheen lot of businesses. I happen to be a whose jobs have been washed away, Cardin Kohl Shelby member of the Health, Education, who desperately need help for them- Carper Kyl Snowe Labor, and Pensions Committee, and Casey Landrieu Specter selves and their families. That is what Chambliss Lautenberg Stabenow that is one of the issues we must deal we are trying to do. Cochran Leahy Tester with, and I think we will be dealing I hope that perhaps following the dis- Collins LeMieux Thune with, in the near term. position of this—and I hope we will get Conrad Levin Udall (CO) Millions of Americans, not just Corker Lieberman Udall (NM) this done—we will get some additional Crapo Lincoln Voinovich throughout our history our recent his- cooperation on things that really mat- Dodd Lugar Warner tory but especially now, rely upon any ter. Dorgan McCain Webb kind of retirement vehicle, and one of Durbin McCaskill Whitehouse those, of course, is a good pension plan. I appreciate the time given me by the Ensign McConnell Wicker Senator from Montana. Feingold Menendez Wyden We need to give people in the twilight I yield the floor. of their life the kind of security that NAYS—13 Mr. BAUCUS. Mr. President, I sug- comes with a pension plan. We also gest the absence of a quorum and ask Barrasso DeMint Johanns have to make sure workers have that Bond Enzi Sessions consent that the time be equally Bunning Graham Vitter same peace of mind as they make their charged to both sides. Coburn Hatch way through this very difficult econ- The PRESIDING OFFICER (Mrs. Cornyn Inhofe omy. SHAHEEN). Without objection, it is so The PRESIDING OFFICER. On this In 2006, the Pension Protection Act ordered. vote, the yeas are 87, the nays are 13. was passed by Congress. The main pur- The clerk will call the roll. Three-fifths of the Senators duly cho- pose of that act was to strengthen pen- The bill clerk proceeded to call the sen and sworn having voted in the af- sion plans by implementing tougher roll. firmative, the motion is agreed to. funding rules. Most of the rules under Mr. BAUCUS. Madam President, I The PRESIDING OFFICER. The Sen- the act took effect in 2008, and at that ask unanimous consent that the order ator from Connecticut. time the stock market was in turmoil. for the quorum call be rescinded. Mr. DODD. Madam President, I note The combination of stronger pension The PRESIDING OFFICER. Without the absence of a quorum. funding rules in a chaotic stock mar- objection, it is so ordered. The PRESIDING OFFICER. The ket caused almost all pension plans to CLOTURE MOTION clerk will call the roll. sustain a net loss, in essence. The PRESIDING OFFICER. Under The legislative clerk proceeded to I wish to turn to one chart that de- the previous order, pursuant to rule call the roll. picts that. One study released by Mer- XXII, the Chair lays before the Senate The PRESIDING OFFICER. The Sen- cer stated that the combined loss for the pending cloture motion, which the ator from Pennsylvania. pension plans totaled $469 billion for clerk will report. Mr. CASEY. Madam President, I ask 2008. We can see the differential from The bill clerk read as follows: unanimous consent that the order for 2007 where there was an overfunding of CLOTURE MOTION the quorum call be rescinded. some $60 billion. So in 2007, $60 billion We, the undersigned Senators, in ac- The PRESIDING OFFICER. Without up; the next year lost over $400 billion, cordance with the provisions of rule objection, it is so ordered. down; to be exact, $469 billion in terms XXII of the Standing Rules of the Sen- PENSION FUNDING of where we were in 2007 versus where ate, hereby move to bring to a close de- Mr. CASEY. Madam President, we we were at the end of 2008. Based upon bate on the motion to proceed to Cal- are in the midst of a terrible economic this loss, pension plans have a funding endar No. 174, H.R. 3548, the Unemploy- recession. Over the course of the last deficit, a differential of $409 billion— ment Compensation Extension Act of year, we have lost millions of jobs. In $409 billion in 2008. In 2009, the pension 2009. Pennsylvania, for example, by com- funding deficit is expected to increase

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10772 CONGRESSIONAL RECORD — SENATE October 27, 2009 yet again despite recent recoveries in pension plans and cutting jobs. In order care coverage or worry about whether the stock market. to avoid losing more jobs, at a time their kids are going to be covered or We have to do what we must to when the national unemployment rate worry about whether there is going to strengthen our economy and to give is 9.8 percent, Congress should act be a preexisting condition that will bar our workers and their families and our swiftly to extend the amortization pe- them from treatment or coverage. businesses some peace of mind. That riod for recognizing certain losses in We can’t allow a situation to persist might be the best way to describe it. pension plan assets, including other where we say to them: Go to work So this is more than just a looming cri- temporary provisions that will provide every day and continue to improve sis, more than just a problem in the funding relief. Any relief should apply your skills and maybe get more edu- near term, it is a problem we have to to single- and multiemployer pension cation, but we are not sure we can help deal with right now, in the next couple plans. you on health care and, by the way, of months. As companies recover from the eco- your pension plan might be at risk in Recently, the House Ways and Means nomic recession, we should not discour- the future; it may not be there for you Committee held a hearing that focused age economic growth by requiring a when you retire. on pension funding relief. They gave an pension payment that will require com- We have to do something in a very example at the hearing. NCR Corpora- panies to cut jobs. Instead, Congress strategic and focused way to take away tion, a 125-year-old global technology should provide targeted relief—tar- some of that worry on health care and company, testimony at this hearing geted relief—that will enable compa- on pension and retirement security. If provided a specific example of how nies to spread out the losses over an we do that, if we lessen that anxiety company pension plans have been af- extended period of time, which will for people, I believe we are going to fected. NCR, this global technology allow capital to be invested in activi- have a much more successful strategy company, had a pension plan that was ties that will promote growth. as it relates to telling people and en- 110 percent funded as of January 1, 2008. Ultimately, the intention of any pen- couraging our workers to get more edu- So at the beginning of 2008, they were sion funding relief legislation is to en- cation, to get a heightened degree of funded at 110 percent. They were in sure the survival of the pension plan training. If we do that, we are going to good shape, for the most part. The system. The American people have a have a much stronger long-term econ- funding status, as those in the business right to expect that pension plans be omy. But we can’t ask people to do it know, is based on the amount of assets stable and secure for their future. In all themselves—to bear the burden of compared to the amount of liabilities. Congress, we should work to imple- health care, to bear the burden of re- By January 1, 2009, just 1 year later, ment any legislation that provides a tirement security, and to bear the full this same company, due to unprece- healthy pension system just in the burden of their education, their train- dented losses in the market, had its same way we provide security with a ing, and their skill development. funding percentage drop to 75 percent. reformed health care system. In ex- So that is why this pension issue, So in 1 year, this company goes from change for ensuring a good pension, a even in the midst of a health care de- 110 up of funding to 75 percent, a huge secure pension, and a better health bate, is so critically important. loss. care system—that is what we are say- Madam President, I yield the floor This is what it means in terms of dol- ing to the American workers and to and note the absence of a quorum. lars. The percentages only tell part of American businesses—it is important The PRESIDING OFFICER. The the story. Prior to the market loss, that we be very honest with people, clerk will call the roll. this company, NCR Corporation, ex- with our workers. The legislative clerk proceeded to pected to make payments totaling $200 We are going to say to our workers: call the roll. million over a 7-year period. That is We want you to compete in a world Mrs. SHAHEEN. Mr. President, I ask what they could see down the road: $200 economy; we want you to go out and unanimous consent that the order for million over that period. Instead, that get more education; we want you to en- the quorum call be rescinded. payment has increased to $1.5 billion— hance your skill level; we want you to The PRESIDING OFFICER (Mr. $1.5 billion looking out ahead of them have a broader-based skill level so that UDALL of Colorado). Without objection, instead of $200 million. So $200 million when the economy takes a turn or mar- it is so ordered. becomes $1.5 billion, and that is what ket forces lead to a change in the in- f we are going to see unless Congress dustry that you are employed in or provides some relief. lead to a change in our economy, you MORNING BUSINESS We have heard from countless compa- will have the skill and the knowledge Mrs. SHAHEEN. Mr. President, I ask nies across Pennsylvania and across and the training and the education to unanimous consent that the Senate the country that are in the same situa- be able to adjust. proceed to a period of morning busi- tion as this one example, the NCR com- So we encourage people all the time ness, with Senators permitted to speak pany. The companies are not request- to get more education. We encourage therein for up to 10 minutes each. ing a bailout. Let me say that again: people all the time to enhance their The PRESIDING OFFICER. Without They are not requesting a bailout. The skill level. But we will be more suc- objection, it is so ordered. companies are not requesting the cessful in achieving that goal and we f American taxpayer to assist directly. will be more honest with workers if we The companies are simply asking Con- can say to them: You don’t have to PASSAGE OF THE MATTHEW gress to extend the time period of rec- worry as much as you used to about SHEPARD HATE CRIMES PRE- ognizing the losses incurred during the your pension or about health care. VENTION ACT market downturn. That should be a large part of the Mr. LEAHY. Mr. President, tomor- In 2009—I will point to another bargain, a large part of the agreement row afternoon President Obama will study—Watson Wyatt reported that we make with our workers and our sign the Matthew Shepard and James there would be $32 billion in payments businesses because, if we are going to Byrd, Jr. Hate Crimes Prevention Act to fund pension plans in America. compete in a world economy, if we are into law. I commend the President for Without any relief from Congress in going to have a highly skilled work- acting so quickly on this critical civil 2010, that amount will increase to over force that does that for us over time, rights measure. Its protections are $90 billion and increase to $146 billion we cannot say to people: Go out and long overdue. Last week, when the Sen- in 2011. So we go from, in 2009, $32 bil- improve your skills, go out and get ate was about to consider the Depart- lion, to 2010, and it keeps going up more education, but we are not sure we ment of Defense authorization con- until we get to 2011, just 2 years from can help you with your retirement se- ference report, I spoke in strong sup- now, $146 billion to pension plans in curity or your health care security. We port of its provisions including the America. can’t ask them to do three things at hate crimes measure. At that time, I American companies that are already one time. We can’t ask them to go to requested my entire statement be in- struggling to break even today will work every day and worry about cluded in the RECORD. Unfortunately, have to decide between funding their whether they are going to have health my entire statement did not make it

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10773 into the CONGRESSIONAL RECORD so I urged to pass this bill by State and acts of violence motivated by hatred ask that it now be printed in full as it local law enforcement organizations, and bigotry, but it does not target was prepared and offered at that time. and dozens of leaders in the faith and speech, however offensive or disagree- I understand that this error will be cor- the civil rights communities. Michael able, and it does not target religious rected in the bound version of the Lieberman of the Anti-Defamation expression. RECORD, but I wanted my full state- League and my friend, Janet Langhart I wish there had been more Repub- ment to be immediately available for Cohen, among others, also testified lican support for this important civil those following the specific details of passionately in favor of this legislation rights amendment. Nonetheless, in the how the language in the conference re- before the Senate Judiciary Committee Senate we worked to address bipartisan port differed from my hate crimes earlier this year. I also very much ap- concerns and issues. We incorporated amendment that the Senate passed ear- preciate the support of Wade Hender- Republican amendments mandating lier this year. son of the Leadership Conference on guidelines for hate crimes prosecu- After more than a decade, Congress is Civil Rights and Joe Solmonese of the tions, further changing first amend- finally set to pass the Matthew Human Rights Campaign, who have ment protections, and creating a new Shepard and James Byrd, Jr. Hate worked tirelessly to see this legislation criminal offense for attacks against Crimes Prevention Act of 2009 as an passed. servicemembers because of their serv- amendment to the National Defense The answer to hate and bigotry has ice. Authorization Act, and I expect the to ultimately be found in increased re- I am disappointed that the servicemembers provision contains a manda- President to sign it promptly. I am spect and tolerance for all our citizens. tory minimum sentence because I be- proud that Congress has come together In the meantime, strengthening our lieve that mandatory minimum sen- to show that violence against members Federal hate crimes legislation to give tences can have unintended and unfor- of any group because of who they are law enforcement the tools they need is tunate effects on sentencing and on our will not be tolerated in this country. a necessary step. criminal justice system. However, I I thank Senator COLLINS for cospon- The facts set out in several recent re- was pleased that we were able to limit soring the amendment with me. I comports show that hate crimes and hate the provision to one modest mandatory mend Senator LEVIN for working so groups remain a major problem. Last minimum sentence and require the hard to ensure that this provision June, the Leadership Conference for United States Sentencing Commission would go forward as part of the con- Civil Rights released a report finding to study the effect of mandatory min- ference report. I congratulate the Sen- that ‘‘the number of hate crimes re- imum sentences. I am also glad that we ate majority leader, Senator REID, for ported has consistently ranged around were able to pass this bill without add- his essential role in this matter. In the 7,500 or more annually, or nearly one ing a new Federal death penalty, which House of Representatives, Speaker every hour of the day.’’ A recent report would have needlessly inserted a divi- ELOSI LYBURN from the Southern Poverty Law Center P and Congressman C were sive issue into this legislation. similarly instrumental in this enact- found that hate groups have increased I want to note that the sponsors and ment. by 50 percent since 2000, from 602 hate supporters intend with its passage, to I also want to take this opportunity groups in 2000, to 926 in 2008. authorize Federal investigations and to remember Senator Ted Kennedy who This historic hate crimes provision prosecutions of those hate crimes de- provided steadfast leadership on this will improve existing law by making it scribed to the fullest extent permitted issue for more than a decade. I wish he easier for Federal authorities to inves- by the Constitution. Section 4707(a) of could have been here to see this bill, tigate and prosecute crimes of racial, the defense authorization bill, which about which he was so passionate, fi- ethnic, or religious violence. Victims creates § 249(a)(2)(B) of the new hate nally enacted. I am honored to be able will no longer have to engage in a nar- crimes statute, is desired to apply to to see it through to the finish for him. row range of activities, such as serving the full extent of congressional author- I know it meant a lot to him. We miss as a juror, to be protected under Fed- ity under the Commerce Clause. Simi- him but his good work goes on. eral law. It also focuses the attention larly, section 249(a)(1) should be inter- Earlier this month was the 11th anni- and resources of the Federal Govern- preted broadly, to the full extent of versary of the brutal murder of Mat- ment on the problem of crimes com- Congress’s authority under the 13th thew Shepard, a college student who mitted against people because of their amendment. was beaten and killed solely because of sexual orientation, gender, gender Section 4710 of the bill sets out rules his sexual orientation. Matthew’s par- identity, or disability, which are much of construction for hate crimes legisla- ents have worked courageously and needed protections. In addition, this tion. These rules of construction are tirelessly for this legislation, which legislation will provide resources to meant to be read as a collective whole. aims to ensure that this kind of des- State, local, and tribal law enforce- They simply confirm that the statute picable act will never be tolerated in ment to address hate crimes. should be applied consistent with the this country. The bill was named for In preparing this legislation and first amendment and the Federal Rules Matthew, as well as for James Byrd, moving it through Congress, we have of Evidence. They are not meant to Jr., a Black man who was killed in 1998 worked closely with the Justice De- prevent the admission of any evidence because of his race in another awful partment to ensure that we are advanc- that is relevant, consistent with the crime that galvanized the Nation ing legislation that is fair, constitu- first amendment, and otherwise admis- against hateful violence. We appreciate tional, and effective in cracking down sible under the Federal Rules of Evi- and honor the important contributions on brutal acts of hate-based violence. dence, including under rule 404(b). of James Byrd’s family as they have It ensures that Federal prosecutors are President Obama has worked closely worked hard for this legislation. able to rely on evidence of limited and with us to facilitate the quick passage Unfortunately, the years since these relevant additional conduct to prove of this vital hate crimes legislation. In two horrific crimes have made clear that the violent act in question was his first few months in office, he has that hate crimes remain a serious and motivated by bias. It would also acted to ensure that Federal benefits growing problem. Most recently, the strengthen Federal jurisdiction over are awarded more equitably, regardless shooting at the Holocaust Memorial hate crimes and clarify key certifi- of sexual orientation, and now to en- Museum showed that these vicious cation requirements to allow the Fed- sure that this hate crimes legislation crimes continue to haunt our country. eral Government to appropriately sup- becomes law. Unlike in previous years, This bipartisan legislation will help port, but not to substitute for, State our bipartisan hate crimes bill does not law enforcement respond more effec- and local law enforcement. As a former face a veto threat. We have a President tively to this problem. State prosecutor, I believe respect for who understands that crimes moti- It is a testament to the importance local and State law enforcement is vated by bias are particularly per- of this legislation that the Attorney critical. nicious crimes that affect more than General of the United States came to This legislation was carefully crafted just their victims and those victims’ the Judiciary Committee in June to to respect constitutional limits and families. I expect the President to sign testify in favor of it. We have been differences of opinion. It will combat this legislation without delay.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10774 CONGRESSIONAL RECORD — SENATE October 27, 2009 Hate crimes instill fear in those who General—who supports this legislation, expand benefits in the judicial branch have no connection to the victim other by the way, in a hearing whether there for a chosen group of senior executives than a shared characteristic such as was any evidence of a trend that these is the wrong thing to do when everyone race or sexual orientation. For nearly crimes were going unpunished at the is making sacrifices and millions of 150 years, we have responded as a Na- State level. He stated without reserva- Americans are looking for work. tion to deter and to punish violent de- tion that there was no such evidence If the Senate majority insists on of- nials of civil rights by enacting Fed- and that, in fact, the States were, by fering S. 1782 for consideration not- eral laws to protect the civil rights of and large, doing a fine job in this area. withstanding my objection, at the very all of our citizens. The Matthew If that is the case, what is the purpose least, I will insist on offering S. 657, Shepard and James Byrd, Jr. Hate of this legislation? Why are we going to the Sunshine in the Courtroom Act as Crimes Prevention Act of 2009 con- expand the law enforcement powers of an amendment and request a rollcall tinues that great and honorable tradi- the Federal Government into what are vote. Unless this amendment is af- tion. Passage of this legislation, at essential State crimes when these forded a vote, I will continue to object last, will show, once again, that Amer- crimes are already being handled ade- to any unanimous consent agreement ica values tolerance and protects all of quately by the States? I have yet to regarding S. 1782. In this time of finan- its people. hear a decent answer to that question. cial uncertainty, we should not be pro- f Now, some of us may be tempted sim- viding senior executives in the judici- ply to vote for the Defense authoriza- ary increased benefits absent legisla- VOTE EXPLANATION—DOD tions bill with the hate crimes provi- tion that will bring some sunshine to AUTHORIZATION sions attached simply because the bal- the courts by allowing media coverage Mr. HATCH. Mr. President, I rise ance of the bill is good and worthy of of court proceedings. today to discuss my decision to vote no support. Well, I worry that if we go f for the fiscal year 2010 National De- along with this now, what will they add fense Authorization Act. to so-called ‘‘must pass’’ bills in the fu- ADDITIONAL STATEMENTS Throughout my career I have always ture? I believe that when it comes to been a staunch supporter of our men funding our troops, we should do our TRIBUTE TO NORTH CAROLINA and women that serve our Nation. best to speak in a unified voice. By WWII VETERANS Their courage in the face of danger to taking this path, it seems that the ma- ∑ preserve our freedom is inspiring. And jority would rather make a political Mrs. HAGAN. Mr. President, I am my vote on the Defense authorization statement than offer the military our proud to recognize a group of 102 World bill does not change that belief at all. bipartisan support. For that, I am War II veterans from the Triad region In fact, I was pleased to include legisla- greatly disappointed. of North Carolina who are traveling to Washington, DC, on October 28 to visit tion in this years bill that will require f the Secretary of Defense to review and the memorials and monuments that establish a long-term plan to sustain OBJECTION TO S. 1782 recognize the sacrifices of our Nation’s the solid rocket motor industrial base. Mr. GRASSLEY. Mr. President, I invaluable servicemembers. This review will be vital to ensure we would like to alert my colleagues that The Triad Flight of Honor sponsored maintain a robust industrial base and I intend to object to any unanimous this trip to the Nation’s Capital for our ultimate strategic defense for dec- consent agreement for the consider- surviving World War II veterans in the ades. ation of S. 1782, the Federal Judiciary Triad area. Our veterans will visit the I have always been impressed with Administrative Improvements Act of World War II, Korean, Vietnam, and the great working relationship I have 2009. This legislation will increase the Iwo Jima Memorials. enjoyed with my esteemed colleagues Federal outlays for the judicial branch This will be the second Triad Flight on the Armed Services Committee and and does not have an offset to the of Honor trip. The organization flew their professional staffs. My vote by no spending increases. their inaugural group of veterans to means diminishes my respect for the In particular, I object to two provi- Washington, DC, on October 3, 2009. I Armed Forces. sions in S. 1782. First, this legislation had the honor of visiting with that Unfortunately, the congressional ma- will increase Federal expenditures by group of veterans when they returned jority has decided to needlessly inject allowing senior executives in the Fed- to Greensboro, NC. I was joined by my controversy into what should have eral courts, the Federal Judicial Cen- father-in-law, MG (Ret) Charles T. been a bipartisan effort to fund and ter, and the Sentencing Commission to Hagan, Jr., U.S. Marine Corps Reserve, support our troops in a time of war. I carry over more annual leave days a World War II veteran, just before he am, of course, speaking of the decision from 1 year to another. The bill would died. Two more Triad flights for the to attach the unrelated hate crimes change the current allowance, 240 spring of 2010 have already been sched- provisions to this legislation. For one hours—30 days—to 720 hours—90 days. uled, and hundreds of veterans in the reason or another, the Democrats have This provision is a limited benefit to a area are hoping to participate. once again decided that, even with number of senior executives and will World War II was the defining period their overwhelming majorities in the cost Federal taxpayers millions of dol- for a generation that bravely answered House and Senate, the Federal hate lars. the call to serve our country. Young crimes legislation cannot be debated Second, the legislation includes a men and women, driven to protect and passed on its own merits and that, provision increasing the salaries of the America, enlisted in droves. Unfortu- instead, this divisive legislation should four division directors at the Federal nately, too many of those brave serv- become part and parcel with our efforts Judicial Center. This provision would icemembers met an untimely death on to provide our military with much- increase the salary from Executive the battlefields of Europe and the needed resources. Schedule V—$139,600—to Executive South Pacific. More than 400,000 Amer- I have long been opposed to this ap- Schedule IV—$149,000. While this is ican servicemembers were slain during proach with regard to hate crimes. only a slight increase to the spending the course of the long war, and over 60 Make no mistake, none of us are indif- outlays, it is the wrong message to million people worldwide were killed, ferent to the problems associated with send the American taxpayers when including 40 million civilians. The Al- violence motivated by prejudice and vi- nearly 10 percent of the workforce is lied Forces’ ultimate victory is a testa- olence. However, I believe that the ap- unemployed. ment to the brave soldiers, sailors, air- proach provided for in this bill would Americans across the country are men, and marines who put their lives needlessly expand the powers of the tightening their belts and finding ways on the line to fight for liberty and free- Federal Government at the expense of to save money. Social Security bene- dom. the traditional police powers of the ficiaries are fighting to stretch their This week, 102 Triad veterans will see States. Worst of all, it would do so dollars because they will not see a the memorials dedicated to their serv- without a demonstrated need. Indeed, a cost-of-living increase for 2010 for the ice. I thank the Triad Flight of Honor few months back, I asked the Attorney first time in nearly three decades. To for making these trips a reality.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10775 I ask the Senate to join me in hon- continue in effect beyond the anniver- MEASURES REFERRED oring these brave veterans who are sary date. In accordance with this pro- The following bills were read the first true North Carolina heroes.∑ vision, I have sent to the Federal Reg- and the second times by unanimous f ister for publication the enclosed notice consent, and referred as indicated: stating that the Sudan emergency is to TRIBUTE TO DR. JAMES MICHAEL H.R. 1641. An act to amend the National continue in effect beyond November 3, Trails System Act to provide for a study of SMITH 2009. the Cascadia Marine Trail; to the Committee ∑ Mr. JOHNSON. Mr. President, today The crisis constituted by the actions on Energy and Natural Resources. I recognize Dr. James Michael Smith and policies of the Government of H.R. 2806. An act to authorize the Sec- Sudan that led to the declaration of a retary of the Interior to adjust the boundary on his inauguration as the 16th Presi- of the Stephen Mather Wilderness and the dent of Northern State University in national emergency in Executive Order North Cascades National Park in order to Aberdeen, SD. Dr. Smith comes to 13067 of November 3, 1997, and the ex- allow the rebuilding of a road outside of the Northern State from Bowling Green pansion of that emergency in Execu- floodplain while ensuring that there is no State University where he had served tive Order 13400 of April 26, 2006, and net loss of acreage to the Park or the Wilder- as vice president for economic develop- with respect to which additional steps ness, and for other purposes; to the Com- ment. He is a veteran organizational were taken in Executive Order 13412 of mittee on Energy and Natural Resources. leader, with experience leading edu- October 13, 2006, has not been resolved. f cational institutions at both the K–12 These actions and policies are hostile MEASURES PLACED ON THE and postsecondary levels. Prior to join- to U.S. interests and pose a continuing CALENDAR unusual and extraordinary threat to ing the senior administrative team at The following bill was read the sec- BGSU, Dr. Smith was dean of the the national security and foreign pol- ond time, and placed on the calendar: School of Education at Indiana Univer- icy of the United States. Therefore, I S. 1927. A bill to establish a moratorium on sity South Bend. Dr. Smith also served have determined that it is necessary to credit card interest rate increases, and for in administrative capacities at West continue the national emergency de- other purposes. clared with respect to Sudan and main- Texas A&M and Butler University. He f will begin his tenure with the knowl- tain in force the sanctions against edge that Northern State University Sudan to respond to this threat. EXECUTIVE REPORTS OF has been named for the third year in a BARACK OBAMA. COMMITTEES row to the U.S. News and World Re- THE WHITE HOUSE, October 27, 2009. The following executive reports of port’s Top Public Undergraduate Insti- nominations were submitted: tutions in the Midwest. Dr. Smith has f By Mr. LEVIN for the Committee on said NSU is ‘‘excited to once again be Armed Services. named to this prestigious list, and will MESSAGE FROM THE HOUSE *Gladys Commons, of Virginia, to be an As- continue to build momentum at North- sistant Secretary of the Navy. At 11:03 a.m., a message from the *Christine H. Fox, of Virginia, to be Direc- ern State by focusing on new programs, House of Representatives, delivered by tor of Cost Assessment and Program Evalua- expanded technology and increased Ms. Niland, one of its reading clerks, tion, Department of Defense. graduate offerings.’’ Everyone in the Air Force nomination of Lt. Gen. Mark A. announced that the House has passed region is excited to help him join in Welsh III, to be General. the following bills, in which it requests these goals. Army nomination of Colonel Kelly J. the concurrence of the Senate: Thomas, to be Brigadier General. At the investiture of Dr. Smith, his- Army nomination of Col. David L. Weeks, tory will literally be at his fingertips. H.R. 1471. An act to expand the boundary of the Jimmy Carter National Historic Site in to be Brigadier General. The pen used in this ceremony will be Army nomination of Lt. Gen. William B. the State of Georgia, to redesignate the unit Caldwell IV, to be Lieutenant General. the same one used to swear in the 15 as a National Historical Park, and for other Army nomination of Maj. Gen. Keith M. Northern presidents before him. It was purposes. used to sign the bill that created the Huber, to be Lieutenant General. H.R. 1641. An act to amend the National Army nominations beginning with Briga- Northern Normal and Industrial School Trails System Act to provide for a study of dier General Joseph J. Anderson and ending in 1901 and it went up in the space the Cascadia Marine Trail. with Brigadier General Perry L. Wiggins, shuttle Discovery in 1991. H.R. 2806. An act to authorize the Sec- which nominations were received by the Sen- I would like to offer Dr. James Smith retary of the Interior to adjust the boundary ate and appeared in the Congressional the very best as he begins his tenure of the Stephen Mather Wilderness and the Record on October 15, 2009. (minus 1 nomi- North Cascades National Park in order to nee: Brigadier General Robert M. Brown) with one of South Dakota’s finest in- allow the rebuilding of a road outside of the stitutions of higher learning.∑ Navy nomination of Vice Adm. David J. floodplain while ensuring that there is no Dorsett, to be Vice Admiral. f net loss of acreage to the Park or the Wilder- Navy nomination of Vice Adm. Robert S. ness, and for other purposes. Harward, Jr., to be Vice Admiral. REPORT RELATIVE TO THE CON- ENROLLED BILL AND JOINT RESOLUTION SIGNED Navy nomination of Vice Adm. Harry B. TINUATION OF THE NATIONAL At 6:44 p.m., a message from the Harris, Jr., to be Vice Admiral. EMERGENCY RELATIVE TO THE House of Representatives, delivered by Mr. LEVIN. Mr. President, for the ACTIONS AND POLICIES OF THE Mrs. Cole, one of its reading clerks, an- Committee on Armed Services I report GOVERNMENT OF SUDAN AS DE- nounced that the Speaker has signed favorably the following nomination CLARED IN EXECUTIVE ORDER the following enrolled bill and joint lists which were printed in the RECORDs 13067 OF NOVEMBER 3, 1997—PM 37 resolution: on the dates indicated, and ask unanimous consent, to save the expense of The PRESIDING OFFICER laid be- H.R. 1209. An act to require the Secretary fore the Senate the following message of the Treasury to mint coins in recognition reprinting on the Executive Calendar from the President of the United of the celebration of the establishment of the that these nominations lie at the Sec- States, together with an accompanying Medal of Honor in 1861, America’s highest retary’s desk for the information of report; which was referred to the Com- award for valor in action against an enemy Senators. mittee on Banking, Housing, and force which can be bestowed upon an indi- The PRESIDING OFFICER. Without Urban Affairs: vidual serving in the Armed Services of the objection, it is so ordered. United States, to honor the American mili- Air Force nominations beginning with To the Congress of the United States: tary men and women who have been recipi- Robert B. O. Allen and ending with Ted K. Section 202(d) of the National Emer- ents of the Medal of Honor, and to promote Winright, which nominations were received gencies Act (50 U.S.C. 1622(d)) provides awareness of what the Medal of Honor rep- by the Senate and appeared in the Congres- for the automatic termination of a na- resents and how ordinary Americans, sional Record on September 21, 2009. tional emergency unless, prior to the through courage, sacrifice, selfless service Air Force nomination of Christopher J. and patriotism, can challenge fate and anniversary date of its declaration, the Ogrady, to be Lieutenant Colonel. change the course of history. Air Force nomination of Michael R. Spen- President publishes in the Federal Reg- H.J. Res. 26. A joint resolution proclaiming cer, to be Lieutenant Colonel. ister and transmits to the Congress a Casimir Pulaski to be an honorary citizen of Air Force nominations beginning with notice stating that the emergency is to the United States posthumously. Scott A. Paffenroth and ending with Robert

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10776 CONGRESSIONAL RECORD — SENATE October 27, 2009 M. Taylor, which nominations were received Yunker, which nominations were received by W. James, which nominations were received by the Senate and appeared in the Congres- the Senate and appeared in the Congres- by the Senate and appeared in the Congres- sional Record on October 15, 2009. sional Record on September 21, 2009. sional Record on September 21, 2009. Air Force nominations beginning with Navy nominations beginning with Coast Guard nominations beginning with Misael C. Alonso and ending with Derrick B. Anaclato B. Ancheta, Jr. and ending with Nicholas A. Bartolotta and ending with Jer- Willsey, which nominations were received by Lawrence S. Zoback, which nominations ald L. Woloszynski, which nominations were the Senate and appeared in the Congres- were received by the Senate and appeared in received by the Senate and appeared in the sional Record on October 15, 2009. the Congressional Record on September 21, Congressional Record on September 21, 2009. Air Force nominations beginning with 2009. Coast Guard nominations beginning with Dana J. Albalate and ending with Luz E. Navy nominations beginning with Osmel Ladonn A. Allen and ending with James A. Rodriguez, which nominations were received Alfonso and ending with Marjorie A. Wytzka, Williamson, which nominations were re- by the Senate and appeared in the Congres- which nominations were received by the Sen- ceived by the Senate and appeared in the sional Record on October 15, 2009. ate and appeared in the Congressional Congressional Record on September 30, 2009. Army nomination of Charles T. Record on September 21, 2009. Coast Guard nominations beginning with Kirchmaier, to be Lieutenant Colonel. Navy nominations beginning with William Jennifer L. Adams and ending with Bradford Army nomination of Bruce P. Crandall, to M. Anderson and ending with Jeffrey R. W. Youngkin, which nominations were re- be Colonel. Wessel, which nominations were received by ceived by the Senate and appeared in the Army nominations beginning with Ken- the Senate and appeared in the Congres- Congressional Record on October 15, 2009. neth E. Duvall and ending with Randall M. sional Record on September 21, 2009. * Nomination was reported with rec- Zeegers, which nominations were received by Navy nominations beginning with Paul J. the Senate and appeared in the Congres- Alea and ending with Geoffrey W. Wilson, ommendation that it be confirmed sub- sional Record on September 21, 2009. which nominations were received by the Sen- ject to the nominee’s commitment to Army nominations beginning with Jennifer ate and appeared in the Congressional respond to requests to appear and tes- E. Choate and ending with Rodney E. Ru- Record on September 21, 2009. tify before any duly constituted com- dolph, which nominations were received by Navy nomination of Raul L. Barrientos, to mittee of the Senate. the Senate and appeared in the Congres- be Lieutenant Commander. (Nominations without an asterisk sional Record on September 21, 2009. Navy nominations beginning with Ricardo B. Eusebio and ending with David L. Wilkey, were reported with the recommenda- Army nominations beginning with Lear E. tion that they be confirmed.) Dutton and ending with Marcus C. White, which nominations were received by the Sen- which nominations were received by the Sen- ate and appeared in the Congressional f ate and appeared in the Congressional Record on October 15, 2009. By Mr. ROCKEFELLER for the Committee INTRODUCTION OF BILLS AND Record on September 30, 2009. JOINT RESOLUTIONS Army nominations beginning with Daniel on Commerce, Science, and Transportation. T. Ames and ending with Thomas B. Erroll G. Southers, of California, to be an The following bills and joint resolu- Wheatley, which nominations were received Assistant Secretary of Homeland Security. Paul K. Martin, of Maryland, to be Inspec- tions were introduced, read the first by the Senate and appeared in the Congres- tor General, National Aeronautics and Space and second times by unanimous con- sional Record on September 30, 2009. Administration. sent, and referred as indicated: Army nominations beginning with Ken- * Anne S. Ferro, of Maryland, to be Admin- neth E. Lawson and ending with Kristina D. By Mr. AKAKA: istrator of the Federal Motor Carrier Safety Moeller, which nominations were received by S. 1931. A bill to enhance the ability of Administration. the Senate and appeared in the Congres- Congress to oversee matters pertaining to * Cynthia L. Quarterman, of Georgia, to be nuclear nonproliferation identified in the sional Record on October 15, 2009. Administrator of the Pipeline and Hazardous Army nominations beginning with Law- findings and recommendations of the Decem- Materials Safety Administration, Depart- ber 2008 Report of the Commission on the rence C. Dennis and ending with John H. ment of Transportation. Tatum, which nominations were received by Prevention of Weapons of Mass Destruction * Elizabeth M. Robinson, of Virginia, to be Proliferation and Terrorism, and for other the Senate and appeared in the Congres- Chief Financial Officer, National Aero- sional Record on October 15, 2009. purposes; to the Committee on Foreign Rela- nautics and Space Administration. tions. Army nominations beginning with Barry * Patrick Gallagher, of Maryland, to be Di- By Mr. MCCAIN (for himself and Mr. R. Baron and ending with Istvan Szasz, Jr., rector of the National Institute of Standards which nominations were received by the Sen- BENNET): and Technology. S. 1932. A bill to amend the Elementary ate and appeared in the Congressional *Coast Guard nomination of Capt. John S. and Secondary Education Act of 1965 to Record on October 15, 2009. Welch, to be Rear Admiral (Lower Half). Marine Corps nomination of Bradley L. * Coast Guard nominations beginning with allow members of the Armed Forces who Lowe, to be Colonel. Captain Daniel B. Abel and ending with Cap- served on active duty on or after September Navy nomination of Daniel A. Freilich, to tain Christopher J. Tomney, which nomina- 11, 2001, to be eligible to participate in the be Captain. tions were received by the Senate and ap- Troops-to-Teachers Program, and for other Navy nominations beginning with Robert peared in the Congressional Record on Au- purposes; to the Committee on Health, Edu- R. Liu and ending with Natasha L. Flemens, gust 6, 2009. cation, Labor, and Pensions. which nominations were received by the Sen- By Mr. BINGAMAN (for himself, Mr. ate and appeared in the Congressional Mr. ROCKEFELLER. Mr. President, BAUCUS, Mr. WHITEHOUSE, and Mr. Record on September 21, 2009. for the Committee on Commerce, UDALL of New Mexico): Navy nominations beginning with Irwin Science, and Transportation I report S. 1933. A bill to establish an integrated Elstein and ending with Douglas A. Tomlin- favorably the following nomination Federal program that protects, restores, and son, which nominations were received by the lists which were printed in the RECORDs conserves natural resources by responding to Senate and appeared in the Congressional on the dates indicated, and ask unani- the threats and effects of climate change, Record on September 21, 2009. mous consent, to save the expense of and for other purposes; to the Committee on Environment and Public Works. Navy nominations beginning with Russell reprinting on the Executive Calendar P. Bates and ending with Timothy G. By Mr. BAUCUS (for himself, Mr. Nasello, which nominations were received by that these nominations lie at the Sec- KERRY, and Mrs. SHAHEEN): the Senate and appeared in the Congres- retary’s desk for the information of S. 1934. A bill to amend the Internal Rev- sional Record on September 21, 2009. Senators. enue Code of 1986 to prevent the avoidance of Navy nominations beginning with Oscar D. The PRESIDING OFFICER. Without tax on income from assets held abroad, and Antillon and ending with Matthew T. Wil- objection, it is so ordered. for other purposes; to the Committee on Fi- liams, which nominations were received by Coast Guard nomination of Thomas J. nance. the Senate and appeared in the Congres- Riley, to be Lieutenant. By Mrs. MURRAY: sional Record on September 21, 2009. Coast Guard nomination of Shadrack L. S. 1935. A bill to extend the temporary sus- Navy nominations beginning with Doyle S. Scheirman, to be Lieutenant. pension of duty on certain boots constructed Adams and ending with Eugene Wozniak, Coast Guard nomination of Chad R. Har- by hand of natural rubber; to the Committee which nominations were received by the Sen- vey, to be Lieutenant. on Finance. ate and appeared in the Congressional Coast Guard nomination of Michele L. By Mr. TESTER (for himself and Mr. Record on September 21, 2009. Schallip, to be Lieutenant. BAUCUS): Navy nominations beginning with Ryan M. Coast Guard nominations beginning with S. 1936. A bill to extend the Federal rec- Anderson and ending with Brent E. Troyan, Edgars Auzenbergs and ending with Michael ognition to the Little Shell Tribe of Chip- which nominations were received by the Sen- F. Wilson, which nominations were received pewa Indians of Montana, and for other pur- ate and appeared in the Congressional by the Senate and appeared in the Congres- poses; to the Committee on Indian Affairs. Record on September 21, 2009. sional Record on September 21, 2009. By Mr. BROWNBACK: Navy nominations beginning with Ruben Coast Guard nominations beginning with S. 1937. A bill to amend the Internal Rev- A. Alcocer and ending with Michael P. Melinda D. Mcgurer and ending with Royce enue Code of 1986 to allow a 5-year carryback

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10777 of operating losses, and for other purposes; cation, and support for family care- S. 1301, a bill to direct the Attorney to the Committee on Finance. givers of seriously disabled veterans General to make an annual grant to By Mr. ROCKEFELLER (for himself, and members of the Armed Forces to the A Child Is Missing Alert and Recov- Mrs. HUTCHISON, Mr. LAUTENBERG, provide caregiver services to such vet- ery Center to assist law enforcement Mr. SCHUMER, Mr. THUNE, and Ms. KLOBUCHAR): erans and members, and for other pur- agencies in the rapid recovery of miss- S. 1938. A bill to establish a program to re- poses. ing children, and for other purposes. duce injuries and deaths caused by cellphone S. 607 S. 1400 use and texting while driving; to the Com- At the request of Mr. UDALL of Colo- At the request of Ms. STABENOW, the mittee on Environment and Public Works. rado, the names of the Senator from name of the Senator from Nevada (Mr. By Mrs. GILLIBRAND (for herself, Mr. Utah (Mr. BENNETT), the Senator from ENSIGN) was added as a cosponsor of S. SPECTER, Mr. SCHUMER, Mr. TESTER, ANTWELL 1400, a bill to amend the Internal Rev- and Ms. LANDRIEU): Washington (Ms. C ) and the S. 1939. A bill to amend title 38, United Senator from Washington (Mrs. MUR- enue Code of 1986 to make permanent States Code, to clarify presumptions relating RAY) were added as cosponsors of S. 607, the depreciation classification of mo- to the exposure of certain veterans who a bill to amend the National Forest Ski torsports entertainment complexes. served in the vicinity of the Republic of Area Permit Act of 1986 to clarify the S. 1410 Vietnam, and for other purposes; to the Com- authority of the Secretary of Agri- At the request of Mrs. GILLIBRAND, mittee on Veterans’ Affairs. culture regarding additional rec- her name was added as a cosponsor of By Mrs. GILLIBRAND: reational uses of National Forest Sys- S. 1410, a bill to establish expanded S. 1940. A bill to require the Secretary of learning time initiatives, and for other Veterans Affairs to carry out a study on the tem land that are subject to ski area effects on children of exposure of their par- permits, and for other purposes. purposes. ents to herbicides used in support of the S. 653 S. 1411 United States and allied military operations At the request of Mr. CARDIN, the At the request of Mrs. GILLIBRAND, in the Republic of Vietnam during the Viet- name of the Senator from California her name was added as a cosponsor of nam era, and for other purposes; to the Com- (Mrs. BOXER) was added as a cosponsor S. 1411, a bill to amend title V of the mittee on Veterans’ Affairs. of S. 653, a bill to require the Secretary Elementary and Secondary Education f of the Treasury to mint coins in com- Act of 1965 to encourage and support parent, family, and community in- SUBMISSION OF CONCURRENT AND memoration of the bicentennial of the volvement in schools, to provide need- SENATE RESOLUTIONS writing of the Star-Spangled Banner, and for other purposes. ed integrated services and comprehen- The following concurrent resolutions sive supports to children, and to ensure S. 1002 and Senate resolutions were read, and that schools are centers of commu- At the request of Mr. CASEY, the referred (or acted upon), as indicated: nities, for the ultimate goal of assist- name of the Senator from Illinois (Mr. By Mr. BURRIS (for himself, Mr. ing students to stay in school, become DURBIN) was added as a cosponsor of S. KERRY, and Mr. KIRK): successful learners, and improve aca- 1002, a bill to provide for the acquisi- S. Res. 323. A resolution honoring Edward demic achievement. W. Brooke, III, former United States Senator tion, construction, renovation, and im- S. 1422 for the Commonwealth of Massachusetts, on provement of child care facilities, and the occasion of his 90th birthday; to the for other purposes. At the request of Mrs. MURRAY, the Committee on the Judiciary. name of the Senator from Florida (Mr. S. 1055 By Mr. GRAHAM: LEMIEUX) was added as a cosponsor of S. Res. 324. A resolution designating No- At the request of Mrs. BOXER, the S. 1422, a bill to amend the Family and vember 1, 2009, as ‘‘National Hemangioma names of the Senator from New York Medical Leave Act of 1993 to clarify the Treatment Awareness Day″; considered and (Mrs. GILLIBRAND), the Senator from eligibility requirements with respect agreed to. Washington (Mrs. MURRAY), the Sen- to airline flight crews. By Mr. REID (for himself, Mrs. ator from Massachusetts (Mr. KERRY), S. 1423 GILLIBRAND, Mr. UDALL of Colorado, the Senator from Alaska (Mr. BEGICH) At the request of Mrs. BOXER, the Mr. BINGAMAN, Mr. BENNET, and Mr. and the Senator from Maryland (Mr. MENENDEZ): name of the Senator from Washington CARDIN) were added as cosponsors of S. S. Res. 325. A resolution designating Octo- (Mrs. MURRAY) was added as a cospon- 1055, a bill to grant the congressional ber 25 through October 31, 2009, as ‘‘National sor of S. 1423, a bill to amend title XIX gold medal, collectively, to the 100th Hispanic Media Week’’ in honor of the of the Social Security Act to require Infantry Battalion and the 442nd Regi- Latino Media of America; considered and coverage under the Medicaid Program agreed to. mental Combat Team, United States for freestanding birth center services. f Army, in recognition of their dedicated service during World War II. S. 1425 ADDITIONAL COSPONSORS At the request of Mr. DURBIN, the S. 1147 name of the Senator from Vermont S. 211 At the request of Mr. KOHL, the name (Mr. LEAHY) was added as a cosponsor At the request of Mr. DORGAN, his of the Senator from Massachusetts of S. 1425, a bill to increase the United name was added as a cosponsor of S. (Mr. KERRY) was added as a cosponsor States financial and programmatic 211, a bill to facilitate nationwide of S. 1147, a bill to prevent tobacco contributions to promote economic op- availability of 2–1–1 telephone service smuggling, to ensure the collection of portunities for women in developing for information and referral on human all tobacco taxes, and for other pur- countries. services and volunteer services, and for poses. S. 1442 other purposes. S. 1273 At the request of Mr. BINGAMAN, the S. 461 At the request of Mr. DORGAN, the name of the Senator from California At the request of Mrs. LINCOLN, the names of the Senator from California (Mrs. BOXER) was added as a cosponsor name of the Senator from New Mexico (Mrs. BOXER) and the Senator from of S. 1442, a bill to amend the Public (Mr. UDALL) was added as a cosponsor New York (Mr. SCHUMER) were added as Lands Corps Act of 1993 to expand the of S. 461, a bill to amend the Internal cosponsors of S. 1273, a bill to amend authorization of the Secretaries of Ag- Revenue Code of 1986 to extend and the Public Health Service Act to pro- riculture, Commerce, and the Interior modify the railroad track maintenance vide for the establishment of perma- to provide service-learning opportuni- credit. nent national surveillance systems for ties on public lands, establish a grant S. 543 multiple sclerosis, Parkinson’s disease, program for Indian Youth Service At the request of Mr. DURBIN, the and other neurological diseases and Corps, help restore the Nation’s nat- names of the Senator from Vermont disorders. ural, cultural, historic, archaeological, (Mr. LEAHY) and the Senator from Ar- S. 1301 recreational, and scenic resources, kansas (Mrs. LINCOLN) were added as At the request of Mr. MENENDEZ, the train a new generation of public land cosponsors of S. 543, a bill to require a name of the Senator from Utah (Mr. managers and enthusiasts, and pro- pilot program on training, certifi- BENNETT) was added as a cosponsor of mote the value of public service.

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RES. 312 medical services, and nursing home S. 1628 At the request of Mr. DURBIN, the care to veterans who were stationed at At the request of Mr. UDALL of Colo- names of the Senator from California Camp Lejeune, North Carolina, while rado, the name of the Senator from (Mrs. FEINSTEIN), the Senator from the water was contaminated at Camp Minnesota (Ms. KLOBUCHAR) was added New Jersey (Mr. LAUTENBERG) and the Lejeune. as a cosponsor of S. 1628, a bill to Senator from California (Mrs. BOXER) S. 1535 amend title VII of the Public Health were added as cosponsors of S. Res. 312, At the request of Mrs. FEINSTEIN, the Service Act to increase the number of a resolution expressing the sense of the name of the Senator from Vermont physicians who practice in underserved Senate on empowering and strength- (Mr. SANDERS) was added as a cospon- rural communities. ening the United States Agency for sor of S. 1535, a bill to amend the Fish S. 1685 International Development (USAID). and Wildlife Act of 1956 to establish ad- At the request of Mr. SANDERS, the S. RES. 316 ditional prohibitions on shooting wild- name of the Senator from New York At the request of Mr. MENENDEZ, the life from aircraft, and for other pur- (Mrs. GILLIBRAND) was added as a co- name of the Senator from Rhode Island poses. sponsor of S. 1685, a bill to provide an (Mr. REED) was added as a cosponsor of S. 1536 emergency benefit of $250 to seniors, S. Res. 316, a resolution calling upon At the request of Mr. SCHUMER, the veterans, and persons with disabilities the President to ensure that the for- name of the Senator from West Vir- in 2010 to compensate for the lack of a eign policy of the United States re- ginia (Mr. ROCKEFELLER) was added as cost-of-living adjustment for such year, flects appropriate understanding and a cosponsor of S. 1536, a bill to amend and for other purposes. sensitivity concerning issues related to title 23, United States Code, to reduce S. 1780 human rights, ethnic cleansing, and the amount of Federal highway funding At the request of Mrs. LINCOLN, the genocide documented in the United available to States that do not enact a names of the Senator from Vermont States record relating to the Armenian law prohibiting an individual from (Mr. LEAHY) and the Senator from Lou- Genocide, and for other purposes. isiana (Ms. LANDRIEU) were added as writing, sending, or reading text mes- S. RES. 317 cosponsors of S. 1780, a bill to amend sages while operating a motor vehicle. At the request of Ms. KLOBUCHAR, the title 38, United States Code, to deem S. 1576 names of the Senator from California certain service in the reserve compo- At the request of Mrs. SHAHEEN, the (Mrs. BOXER) and the Senator from nents as active service for purposes of name of the Senator from Minnesota North Carolina (Mrs. HAGAN) were laws administered by the Secretary of (Ms. KLOBUCHAR) was added as a co- added as cosponsors of S. Res. 317, a Veterans Affairs. sponsor of S. 1576, a bill to require the resolution supporting the goals and Secretary of Agriculture to establish a S. 1789 ideals of National Domestic Violence carbon incentives program to achieve At the request of Mr. DURBIN, the Awareness Month and expressing the supplemental greenhouse gas emission name of the Senator from Ohio (Mr. sense of the Senate that Congress reductions on private forest land of the BROWN) was added as a cosponsor of S. should continue to raise awareness of United States, and for other purposes. 1789, a bill to restore fairness to Fed- domestic violence in the United States eral cocaine sentencing. S. 1606 and its devastating effects on families S. 1821 At the request of Mr. WHITEHOUSE, and communities, and support pro- At the request of Mr. KOHL, the name the name of the Senator from Lou- grams designed to end domestic vio- of the Senator from Florida (Mr. NEL- isiana (Ms. LANDRIEU) was added as a lence. SON) was added as a cosponsor of S. cosponsor of S. 1606, a bill to require f 1821, a bill to protect seniors in the foreign manufacturers of products im- United States from elder abuse by es- STATEMENTS ON INTRODUCED ported into the United States to estab- tablishing specialized elder abuse pros- BILLS AND JOINT RESOLUTIONS lish registered agents in the United ecution and research programs and ac- States who are authorized to accept By Mr. AKAKA: tivities to aid victims of elder abuse, to service of process against such manu- S. 1931. A bill to enhance the ability provide training to prosecutors and facturers, and for other purposes. of Congress to oversee matters per- other law enforcement related to elder taining to nuclear nonproliferation S. 1610 abuse prevention and protection, to es- identified in the findings and rec- At the request of Ms. CANTWELL, the tablish programs that provide for ommendations of the December 2008 name of the Senator from West Vir- emergency crisis response teams to Report of the Commission on the Pre- ginia (Mr. ROCKEFELLER) was added as combat elder abuse, and for other pur- vention of Weapons of Mass Destruc- a cosponsor of S. 1610, a bill to amend poses. tion Proliferation and Terrorism, and the Internal Revenue Code of 1986 to re- S. 1825 for other purposes; to the Committee peal the shipping investment with- At the request of Mr. LIEBERMAN, the on Foreign Relations. drawal rules in section 955 and to pro- name of the Senator from Hawaii (Mr. Mr. AKAKA. Mr. President, I rise vide an incentive to reinvest foreign AKAKA) was added as a cosponsor of S. today to introduce the Strengthening shipping earnings in the United States. 1825, a bill to extend the authority for the Oversight of Nuclear Nonprolifera- S. 1612 relocation expenses test programs for tion Act of 2009. This legislation will At the request of Mrs. LINCOLN, the Federal employees, and for other pur- enhance the ability of Congress to name of the Senator from Georgia (Mr. poses. oversee nuclear nonproliferation short- CHAMBLISS) was added as a cosponsor of S. 1832 comings that were identified in the S. 1612, a bill to amend the Internal At the request of Ms. LANDRIEU, the Commission on the Prevention of Revenue Code of 1986 to improve the name of the Senator from Indiana (Mr. Weapons of Mass Destruction, WMD, operation of employee stock ownership BAYH) was added as a cosponsor of S. Proliferation and Terrorism’s Commis- plans, and for other purposes. 1832, a bill to increase loan limits for sion December 2008 report. S. 1619 small business concerns, provide for Just last month, President Obama At the request of Mr. DODD, the name low interest refinancing for small busi- chaired a session of the United Nations of the Senator from Louisiana (Ms. ness concerns, and for other purposes. Security Council, where the Security LANDRIEU) was added as a cosponsor of S. 1834 Council unanimously cosponsored and S. 1619, a bill to establish the Office of At the request of Mr. AKAKA, the adopted Resolution 1887, which seeks to Sustainable Housing and Communities, name of the Senator from Wisconsin ‘‘create the conditions for a world

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10779 without nuclear weapons . . . in a way I believe that promoting greater clear energy abroad, including the types, that promotes international stability.’’ international cooperation toward non- amounts, and recipients of such financial in- Among other actions, the Security proliferation is crucial. This bill would centives. Council called on Nations to minimize make the U.S. an even stronger partner (2) A description of the actions the United the use of highly enriched uranium, States Government has taken for improving in these efforts and enhance the ability the secure civilian storage of, and mini- strengthen export controls on sensitive of Congress to help tackle the dangers mizing the use and export of, weapons use- nuclear technologies, improve nuclear of nuclear proliferation. able highly enriched uranium during the pre- security practices and standards, Mr. President, I ask unanimous con- vious year, and the amount the United strengthen efforts to counter the sent that the text of the bill be printed States Government spends annually to fuel threat of nuclear terrorism, and sup- in the RECORD. United States civilian reactors that use port the International Atomic Energy There being no objection, the text of highly enriched uranium. Agency’s, IAEA, ability to verify the the bill was ordered to be printed in (3) A description of the actions that have been taken by the United States Government uses of nuclear materials and facilities. the RECORD, as follows: to implement title V of the Nuclear Non-Pro- The proliferation of WMD is among S. 1931 the greatest threats facing national liferation Act of 1978 (22 U.S.C. 3261 et seq.) Be it enacted by the Senate and House of Rep- during the previous year and any obstacles and international security. We need to resentatives of the United States of America in pertaining to its implementation with rec- commit ourselves to strengthening our Congress assembled, ommended actions. nuclear nonproliferation efforts and to SECTION 1. SHORT TITLE. (4)(A) A description of the steps the United take the actions supported by the This Act may be cited as the ‘‘Strength- States Government has taken during the United Nations Security Council and ening the Oversight of Nuclear Nonprolifera- previous year to upgrade the physical secu- the Commission. tion Act of 2009’’. rity of civilian nuclear facilities in the The bill I am introducing today SEC. 2. DEFINITIONS. United States that store or handle special would require an annual report by the In this Act: nuclear material. President’s Coordinator for WMD Pro- (1) APPROPRIATE CONGRESSIONAL COMMIT- (B) A comparison of the current physical liferation and Terrorism to address the TEES.—The term ‘‘appropriate congressional security standards used at civilian nuclear Commission’s findings regarding committees’’ means— facilities in the United States that store or (A) the Committee on Foreign Relations, handle special nuclear material to those United States nuclear nonproliferation standards used by the United States Armed efforts. The report will provide an as- the Committee on Homeland Security and Governmental Affairs, the Committee on Forces to secure such materials. sessment of IAEA capabilities to detect Armed Services, the Select Committee on In- (5) A United States Government assess- possible military diversions of nuclear telligence, and the Committee on Energy and ment of the capabilities of the IAEA, com- materials; will address actions taken Natural Resources of the Senate; and pleted in consultation with all relevant to upgrade the physical security of ci- (B) the Committee on Foreign Affairs, the United States Government agencies, includ- vilian nuclear facilities in the United Committee on Oversight and Government ing the Office of the Director of National In- States; will identify the measures Reform, the Committee on Armed Services, telligence, including— taken to minimize the use of weapons the Permanent Select Committee on Intel- (A) the ability of IAEA to meet its own ligence, and the Committee on Energy and timely detection inspection goals; usable highly enriched uranium; will (B) the ability of IAEA to afford timely de- document the steps taken to imple- Commerce of the House of Representatives. (2) COMMISSION.—The term ‘‘Commission’’ tection of possible military diversions and ment the Energy Development Pro- means the Commission on the Prevention of whether or not the IAEA has met its own gram under the Nuclear Non-Prolifera- Weapons of Mass Destruction Proliferation timely detection inspection goals; and tion Act of 1978; will compare the secu- and Terrorism established by section 1851 of (C) recommendations for whether and how rity standards at civilian nuclear fa- the Implementing Recommendation of the 9/ the IAEA should update its definitions of cilities to those at military facilities; 11 Commission Act of 2007 (Public Law 110– how much special nuclear material is needed and will detail what the U.S. is spend- 53; 121 Stat. 501). to create a nuclear bomb and how long it ing to promote civilian nuclear energy (3) COORDINATOR.—The term ‘‘Coordinator’’ takes to convert such special nuclear material into nuclear bombs. abroad. means the President’s Coordinator for the (c) ABSENCE OF THE COORDINATOR AND THE The challenges of nuclear prolifera- Prevention of Weapons of Mass Destruction DEPUTY COORDINATOR.—The President shall tion are global in nature and require Proliferation and Terrorism established by section 1841(b)(1) of the Implementing Rec- submit the report required under this section sustained international collaboration. ommendations of the 9/11 Commission Act of if neither the Coordinator nor the Deputy This bill would further our inter- 2007 (50 U.S.C. 2931(b)(1)). Coordinator have been appointed pursuant to national efforts by requiring an addi- (4) DEPUTY COORDINATOR.—The term ‘‘Dep- section 1841(b)(3) of the Implementing Rec- tional report on the progress of United uty Coordinator’’ means the Deputy United ommendation of the 9/11 Commission Act of States Government cooperative efforts States Coordinator for the Prevention of 2007 (50 U.S.C. 2931(b)(3)). with the Director General of IAEA to Weapons of Mass Destruction Proliferation SEC. 4. REPORT ON UNITED STATES WORK WITH examine how IAEA could better meet and Terrorism established under section IAEA ON NUCLEAR NONPROLIFERA- TION. its nuclear safeguard goals; promote 1841(b)(2) of the Implementing Recommenda- (a) IN GENERAL.—Not later than 1 year the transparency of foreign visitors to tions of the 9/11 Commission Act of 2007 (50 U.S.C. 2931(b)(2)). after the date of the enactment of this Act, safeguarded sites; acquire and imple- (5) HIGHLY ENRICHED URANIUM.—The term the Coordinator shall submit to the appro- ment near-real-time surveillance at ‘‘highly enriched uranium’’ means uranium priate congressional committees an unclassi- sensitive sites; use fees to fund inspec- that contains at least 20 percent of the ura- fied report, with classified annexes as nec- tions; and require advance notice and nium isotope 235. essary, on the findings and recommendations analysis of transfers of dual-use nu- (6) IAEA.—The term ‘‘IAEA’’ means the of the Commission under subsection (b). clear technologies. International Atomic Energy Agency. (b) CONTENT.—The report required under I have long been a proponent of im- (7) SPECIAL NUCLEAR MATERIAL.—The term subsection (a) shall include details about the proving our nonproliferation efforts. ‘‘special nuclear material’’ has the meaning progress of the work of the United States Last month, I introduced the Energy given the term in section 11(aa) of the Atom- Government with the IAEA Director General ic Energy Act of 1954 (42 U.S.C. 2014(aa)). Development Program Implementation to— SEC. 3. REPORT ON UNITED STATES NUCLEAR (1) establish a safeguards user fee, whereby Act, S. 1675, to support non-nuclear, al- NONPROLIFERATION EFFORTS. countries with inspected facilities would be ternative energy development in devel- (a) IN GENERAL.—Not later than 1 year assessed a fee to help cover the costs of IAEA oping countries. In addition to this, I after the date of the enactment of this Act, inspections; called for the Government Account- and annually thereafter, the Coordinator (2) assess whether the IAEA can meet its ability Office to examine proliferation shall submit to the appropriate congres- own inspection goals, whether those goals af- risks in IAEA’s Technical Cooperation sional committees an unclassified report, ford timely detection to account for a Program and chaired numerous hear- with classified annexes as necessary, on the bomb’s worth of special nuclear material, ings on improving our Nation’s non- findings and recommendations of the Com- whether there are situations in which achieving those goals is not possible, and proliferation capabilities. We should mission described in subsection (b). (b) CONTENT.—The report required under what corrective actions, if any, might help remember that nuclear technology subsection (a) shall include the following: the IAEA to achieve its inspection goals; that can be used for peaceful uses may (1) A description of the financial incentives (3) promote transparency at suspect sites in some cases be used to support dan- the United States Government used during and to encourage IAEA member states to gerous, clandestine programs. the previous year to promote civilian nu- maintain a registry, made available to other

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Simply put, the proposed leg- me as original cosponsors. equipment in the use of safeguards, including at sites where nuclear fuel rods are located; islation would reduce the years of mili- The science is clear that climate and tary service requirements from 6 to 4, change is happening and numerous sci- (5) require that the transfer of all items on extend the eligibility to all schools entific reports as well as the everyday the Nuclear Suppliers Group dual-use and that receive Title I funds, and create experience of many Americans—dem- trigger lists be reported to the IAEA in ad- an advisory board that would coordi- onstrate that the impacts have already vance and develop a system to process and nate and make recommendations to begun to affect ecosystems across the analyze the information. Congress in regards to the program. country. This bill recognizes that (c) ABSENCE OF THE COORDINATOR AND THE Current eligibility guidelines for the DEPUTY COORDINATOR.—The President shall quick action is needed to insure the submit the report required under this section Troops to Teachers require that mem- long-term viability of ecosystems on if neither the Coordinator nor the Deputy bers of the military have 6 years of which our communities as well as our Coordinator have been appointed pursuant to service and that members of the guard fish and wildlife depend. It will support section 1841(b)(3) of the Implementing Rec- and reserve have 10 years of service and enable Federal and State agencies ommendation of the 9/11 Commission Act of with a commitment to serve an addi- and other interested parties to address 2007 (50 U.S.C. 2931(b)(3)). tional 3 years. The requirement of 6 the negative impacts of climate change SEC. 5. AUTHORIZATION OF APPROPRIATIONS. years active duty is leaving many sin- on our natural resources in the most There are authorized to be appropriated gle enlistment contract 4 year veterans such sums as may be necessary to carry out effective possible ways. the reporting requirements under sections 3 and/or Guard members out of consider- We know that healthy, functioning and 4 for fiscal year 2010 and each subsequent ation. Lowering the required years of ecosystems are vital to human health, year thereafter. service would expand eligibility and economic viability, and fish and wild- create a larger pool of potential teach- life populations. I believe that we are By Mr. MCCAIN (for himself and ers for this program. at a critical juncture in protecting our Mr. BENNET): Under the current Troops to Teach- valuable natural resources. In solving S. 1932. A bill to amend the Elemen- ers program, participants who agree to the climate change problem we must tary and Secondary Education Act of teach for 3 years in a ‘‘high need’’ ensure the well-being of our natural 1965 to allow members of the Armed schools are eligible to receive a $5000 world if we are to have a thriving econ- Forces who served on active duty on or stipend to offset the cost of teacher omy and a healthy environment. This after September 11, 2001, to be eligible certification. The proposed legislation is the reason I am introducing this bill. to participate in the Troops-to-Teach- would extend the eligibility for the sti- This is not a problem that is hypo- ers Program, and for other purposes; to pend to any eligible teacher who agrees thetical. Climate change impacts are the Committee on Health, Education, to teach 3 years in a school that is in irrevocably affecting our natural world Labor, and Pensions. a district receiving Title I funds. The and the health of our communities Mr. MCCAIN. Mr. President, today I proposed bill would retain the optional today, and these impacts will increase. am pleased to be joined by Senator MI- bonus of $10,000 which is available to We must act now. CHAEL BENNET in introducing the Post- individuals who take jobs in low-in- We often forget that healthy eco- 9/11 Troops to Teachers Enhancement come schools. This legislation would systems are essential to human as well Act. This legislation would allow more result in a 49 percent in the number of as wildlife needs. They are necessary to veterans and school districts to partici- eligible schools for the program. For provide us, for example, with a clean pate in the Troops to Teachers pro- my home State of Arizona, over 600 ad- and abundant drinking water supply, gram. In addition to expanding the pro- ditional schools would become eligible clean air to breathe, and a well-func- gram, the proposed bill would create an to participate in the program. tioning economy in addition to habitat advisory board that would be charged A recent GAO Report revealed that for a diversity of fish, wildlife, and with improving awareness and partici- although Troops to Teachers is a suc- plant species. Not to mention a place pation of the program, ensuring that cessful program, it suffers from a lack to take our children fishing, and to the program meets the needs of our of coordination and oversight. To rem- enjoy the personal inspiration of the schools and veterans. I hope that my edy this concern, the proposed legisla- natural world. colleagues in the Senate will also sup- tion would create an advisory board port this important piece of legisla- that consists of a representative from My home State of New Mexico is a tion. the Department of Defense, the Depart- dry State and the challenges associated In 1994, Congress authorized the De- ment of Education, and representatives with climate change are already im- partment of Defense, DOD, to oversee a from state offices and veteran’s service pacting our land and our water sup- new national program, Troops to organizations to make recommenda- plies. There are already many com- Teachers, which was designed as a tions on ways to improve and expand peting demands for our limited water Transition assistance program for re- the program. resources which will only be height- tiring or separating members of the Our veterans make excellent can- ened by the effects of climate change. military to obtain their teaching cre- didates to impart the virtues of serving Existing threats to our public lands dentials and place these teachers in to a cause to the next generation and such as wildfires and deforestation may schools throughout the country. The instill the value of learning as a means become more prevalent. New Mexico’s program was reauthorized by Congress to self-improvement and much nobler Bandelier National Park has recently in 1999. That reauthorization trans- ends. Their unique experiences bring a been identified as one of the ‘‘25 Na- ferred responsibility for oversight and more diverse teaching environment to tional Parks in Peril’’ due to climate funding from the DOD to the Depart- our children and grandchildren. change related impacts and other ment of Education and authorized treasures within our State may also be $10,000 bonuses to participants who By Mr. BINGAMAN (for himself, in jeopardy of degradation if actions agreed to teach in ‘‘high-need’’ schools. Mr. BAUCUS, Mr. WHITEHOUSE, are not taken to protect them. Troops to Teachers was later incor- and Mr. UDALL of New Mexico): Our landowners, ranchers, water porated and reauthorized under the No S. 1933. A bill to establish an inte- managers, and State officials are work- Child Left Behind Act of 2001. Since its grated Federal program that protects, ing to evaluate and mitigate the cur- inception, over 11,000 teachers have restores, and conserves natural re- rent and expected impacts of a warm- been hired by school districts across sources by responding to the threats ing climate on our State’s natural re- the Nation, of which many are non- and effects of climate change, and for sources and water supply. For instance, traditional first-time teachers. other purposes; to the Committee on in 2005 the New Mexico Climate Change Teaching is among the most honor- Environment and Public Works. Council and Advisory Group prepared a able professions in our society. I be- Mr. BINGAMAN. Mr. President, report summarizing the potential im- lieve we should encourage military vet- today I am introducing the Natural Re- pacts of climate change in New Mexico

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10781 and the State Engineer’s office pre- tion and other means to ensure that we air, water, estuaries, plants, habitats, and pared an additional report on the im- do what is necessary to protect our ecosystems. pacts of climate change on the water precious natural resources from one of (8) NATURAL RESOURCES ADAPTATION.—The supply and water management strate- the greatest challenges ever faced. term ‘‘natural resources adaptation’’ means the protection, restoration, and conservation I would like to thank Senators BAU- gies. These reports are being used to of natural resources so that natural re- guide State officials in addressing CUS, WHITEHOUSE, and TOM UDALL for sources become more resilient, adapt to, and these issues. In addition, New Mexico their leadership on this issue and their withstand the ongoing and expected impacts has joined other western States to cosponsorship of this bill. I look for- of climate change. form the Western Regional Climate ward to working with them and our (9) PANEL.—The term ‘‘Panel’’ means the Initiative to coordinate efforts at re- colleagues to pass legislation to carry Natural Resources Climate Change Adapta- ducing greenhouse gases. out this important purpose. tion Panel established under section 5(a). The legislation introduced today Mr. President, I ask unanimous con- (10) PLAN.—The term ‘‘plan’’ means a nat- seeks to complement existing natural sent that the text of the bill be printed ural resources adaptation plan completed under section 7(a)(1). in the RECORD. resources-related programs in New (11) PROGRAM.—The term ‘‘program’’ Mexico and other States across the There being no objection, the text of means the National Fish and Wildlife Habi- country. This legislation supports and the bill was ordered to be printed in tat and Corridors Information Program es- facilitates the development and dis- the RECORD, as follows: tablished by the Secretary under section semination of scientific research on S. 1933 4(d)(1). climate change between Federal agen- Be it enacted by the Senate and House of Rep- (12) RESILIENCE; RESILIENT.—The terms ‘‘re- cies, States, Indian tribes and inter- resentatives of the United States of America in silience’’ and ‘‘resilient’’ mean— ested stakeholders. This ongoing re- Congress assembled, (A) the ability to resist or recover from disturbance; and search will in turn play a significant SECTION 1. SHORT TITLE. This Act may be cited as the ‘‘Natural Re- (B) the ability to preserve diversity, pro- role in guiding these entities in the sources Climate Adaptation Act’’. ductivity, and sustainability. management of our natural resources. SEC. 2. PURPOSES. (13) SECRETARY.—The term ‘‘Secretary’’ This bill also establishes several fo- The purposes of this Act are— means the Secretary of the Interior. rums to encourage effective coordina- (1) to integrate Federal agency activities (14) STATE.—The term ‘‘State’’ means— tion and communication in creating a to respond to ongoing and expected impacts (A) a State of the United States; Federal strategy and subsequent Fed- of climate change (including, if applicable, (B) the District of Columbia; eral and State adaptation plans that ocean acidification, drought, invasive spe- (C) American Samoa; cies, flooding, and wildfire) by protecting, re- (D) Guam; will help natural resources adjust to a (E) the Commonwealth of the Northern changing climate. Finally, the Act pro- storing, and conserving the natural resources and associated ecosystem services of Mariana Islands; vides additional funding for existing the United States; and (F) the Commonwealth of Puerto Rico; and Federal and State wildlife conservation (2) to provide financial support and incen- (G) the United States Virgin Islands. programs to be used exclusively for ad- tives for authorized programs, strategies, (15) STATE PLAN.—The term ‘‘State plan’’ aptation-related activities. and activities to protect, restore, and con- means a State natural resources adaptation The Natural Resources Climate Ad- serve natural resources and associated eco- plan prepared by a State under section 8(a). aptation Act follows on the good work system services in response to threats and (16) STRATEGY.—The term ‘‘Strategy’’ of several of my colleagues in both the effects of climate change. means the Natural Resources Climate Change Adaptation Strategy developed under House and the Senate. Chairman RA- SEC. 3. DEFINITIONS. In this Act: section 6(a). HALL and Subcommittee Chairman (1) BOARD.—The term ‘‘Board’’ means the SEC. 4. NATURAL RESOURCES ADAPTATION GRIJALVA have developed legislation in Natural Resources Adaptation Science Advi- SCIENCE AND INFORMATION. this area, and their own adaptation sory Board established by section 4(e)(1). (a) COORDINATION.—Not later than 90 days bill, H.R. 2192, was incorporated into (2) COASTAL STATE.—The term ‘‘coastal after the date of enactment of this Act, the the broader cap-and-trade legislation State’’ has the meaning given the term Secretary and the Secretary of Commerce that passed the House of Representa- ‘‘coastal state’’ in section 304 of the Coastal (acting through the National Oceanic and tives earlier this year. Zone Management Act of 1972 (16 U.S.C. Atmospheric Administration) (referred to in Senators KERRY and BOXER have 1453). this section as the ‘‘Secretaries’’), working adopted provisions similar to this bill (3) CORRIDORS.—The term ‘‘corridors’’ with all other relevant Federal agencies, shall establish procedures for coordinating in their climate legislation at the re- means areas that— (A) provide connectivity, over different among Federal agencies the development quest of two leaders on the Environ- time scales, of habitats or potential habi- and dissemination of science and informa- ment and Public Works Committee: tats; and tion necessary to address the ongoing and Senators BAUCUS and WHITEHOUSE. The (B) facilitate terrestrial, marine, estua- expected impacts of climate change on nat- legislation I am introducing today is rine, and freshwater fish, wildlife, or plant ural resources. complementary to the work that has movement necessary for migration, gene (b) DEVELOPMENT AND DISSEMINATION OF already been done. My cosponsors and I flow, or dispersal, to respond to the ongoing SCIENCE.—The Secretaries shall— share the same goal of making sure and expected impacts of climate change. (1) conduct and sponsor research, and facilitate the coordination of research among natural resources adaptation is in- (4) ECOSYSTEM SERVICES.— (A) IN GENERAL.—The term ‘‘ecosystem Federal agencies, to develop scientific strat- cluded in any climate change legisla- services’’ means the provision, by a healthy egies and mechanisms for natural resources tion that comes before the Senate. ecosystem, of natural resources to improve adaptation; Many Americans already recognize human health and livelihood. (2) make available to Federal agencies, and the critical need for this legislation. A (B) INCLUSIONS.—The term ‘‘ecosystem other interested governmental or private en- coalition of over 600 diverse groups has services’’ includes— tities, technical assistance to address the on- written to Congress describing the cur- (i) a clean and abundant water supply; going and expected impacts of climate rent and potential negative impacts of (ii) carbon storage; change on natural resources; and climate change on our natural re- (iii) biodiversity; (3) assist Federal agencies in the develop- (iv) pollination services; ment of natural resources adaptation plans sources and urging us to include lan- (v) wildlife habitat; required by section 7. guage in any climate bill to address (vi) recreation; and (c) SURVEY.—Not later than 1 year after those impacts. By way of example, the (vii) a scenic or historic landscape. the date of enactment of this Act, and every groups in this coalition include envi- (5) HABITAT.—The term ‘‘habitat’’ means 5 years thereafter, the Secretaries and the ronmental organizations, local Rod & the physical, chemical, and biological prop- Secretary of Agriculture shall issue a cli- Gun Clubs, fisheries coalitions, sci- erties that fish, wildlife, or plants use for mate change impact survey, in coordination entific research groups, and religious growth, reproduction, survival, food, water, with other relevant Federal agencies, that— groups. or cover. (1) identifies natural resources considered If we fail to act to address the im- (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ likely to be adversely affected by climate has the meaning given the term in section 4 change; pacts of climate change on our Amer- of the Indian Self-Determination and Edu- (2) includes baseline monitoring and ongo- ican landscape, the negative effects cation Assistance Act (25 U.S.C. 450b). ing trend analysis; and will be felt by all of us. I am com- (7) NATURAL RESOURCES.—The term ‘‘nat- (3) in consultation with States and Indian mitted to working through this legisla- ural resources’’ means land, wildlife, fish, tribes and with input from stakeholders,

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identifies and prioritizes necessary moni- (C) at least 1⁄2 of whom are recommended the Panel shall develop a Natural Resources toring and research that is most relevant to by the President of the National Academy of Climate Change Adaptation Strategy. the needs of Federal natural resource man- Sciences. (b) DEVELOPMENT.—In developing and re- agers to address the ongoing and expected (3) DUTIES.—The Board shall— vising the Strategy, the Panel shall— impacts of climate change and natural re- (A) advise all relevant Federal agencies on (1) base the strategy on the best available sources adaptation. the state of the science regarding— science; (d) WILDLIFE HABITAT AND CORRIDORS IN- (i) the ongoing and expected impacts of cli- (2) develop the strategy in close coopera- FORMATION.— mate change; and tion with States and Indian tribes; (1) IN GENERAL.—Not later than 180 days (ii) scientific strategies and mechanisms (3) coordinate with other Federal agencies, after the date of enactment of this Act, the for natural resources adaptation; and as appropriate; Secretary, in cooperation with the States, (B) identify and recommend priorities for (4) consult with local governments, con- Indian tribes, and other Federal land man- ongoing research needs on the issues de- servation organizations, scientists, private agers, shall establish a program to be known scribed in subparagraph (A). sector interests, and other interested stake- as the ‘‘National Fish and Wildlife Habitat (4) AVAILABILITY TO THE PUBLIC.—The ad- holders; and and Corridors Information Program’’. vice and recommendations of the Board shall (5) provide public notice and opportunity (2) PURPOSES.—The purposes of the pro- be made available to the public. for comment. gram are— (f) NATIONAL CLIMATE CHANGE AND WILD- (c) CONTENTS.—The Strategy shall— (A) to develop with States and Indian LIFE SCIENCE CENTER.— (1) assess the vulnerability of regions and tribes a comprehensive national geographic (1) ESTABLISHMENT.—The Secretary shall types of natural resources to climate change, information system database of maps, mod- establish the National Climate Change and including short-term, medium-term, long- els, data, surveys, informational products, Wildlife Center within the United States Ge- term, and cumulative impacts; and other geospatial information regarding ological Survey. (2) describe current research and moni- fish and wildlife habitat and corridors that— (2) FUNCTIONS.—In collaboration with Fed- toring activities at the Federal, State, trib- (i) is based on consistent protocols; eral and State natural resources agencies al, and local level related to— (ii) takes into account regional differences; and departments, Indian tribes, institutions (A) the ongoing and expected impacts of and of higher education, and other partner orga- climate change on natural resources; and (iii) uses available geographical informa- nizations, the Center shall— (B) scientific strategies and mechanisms tion system databases and other tools, in- (A) assess and synthesize current physical for natural resources adaptation; cluding the National Biological Information and biological knowledge relating to the im- (3) identify and prioritize research and Infrastructure maintained by the Secretary pacts of climate change on fish, wildlife, data needs; and and nongovernmental organizations; and plants, and associated habitat; (4) provide direction to Federal agencies, (B) to facilitate the use of the database de- (B) prioritize scientific gaps in the knowl- and make guidance available to States, In- scribed in subparagraph (A) by Federal, edge in order to forecast the ecological im- dian tribes, local governments, and other in- State, local, and tribal decisionmakers to in- pacts of climate change on fish, wildlife, and terested parties for use in responding to the corporate qualitative information on fish plants at the ecosystem, habitat, commu- impacts of climate change, including— and wildlife habitats and corridors at the nity, population, and species levels; (A) actions that Federal agencies should earliest practicable stage for use in— (C) develop and improve tools to forecast, implement through their natural resources (i) prioritizing and targeting natural re- adaptively manage, and monitor the impacts adaptation plans and recommendations for sources adaptation strategies and activities, actions that States, Indian tribes, local gov- including strategies and activities that en- of climate change on fish, wildlife, plants, and associated habitats, including predictive ernments, and other interested parties may hance the ability of species to respond to implement to promote natural resources ad- shifting habitat; and models, and risk assessments; and (D) develop capacities for synthesizing aptation; and (ii) avoiding, minimizing, and mitigating (B) a timeline for implementation of the the impacts on fish and wildlife habitat and data and for sharing standardized data and methodology. Strategy; and corridors when locating energy development, (5) describe specific mechanisms for ensur- water, transmission, transportation, and SEC. 5. NATURAL RESOURCES CLIMATE CHANGE ADAPTATION PANEL. ing communication and coordination— other land use projects; (A) among Federal agencies; and (a) ESTABLISHMENT.—Not later than 90 days (3) FINANCIAL AND OTHER SUPPORT.—The (B) between Federal agencies and State after the date of the enactment of this Act, Secretary may provide support to the States natural resource agencies, Indian tribes, in- the President shall establish a Natural Re- and Indian tribes, including financial and terested private landowners, conservation sources Climate Change Adaptation Panel. technical assistance, for activities that sup- organizations, and other countries that (b) DUTIES.—The Panel shall— port the development and implementation of share jurisdiction over natural resources (1) develop the Strategy; and the program. with the United States. (2) serve as a forum for interagency con- (4) CONSULTATION.—In consultation with (d) REVISION.—After the Panel adopts the States and Indian tribes, the Secretary shall sultation on the implementation of the initial Strategy, the Panel shall review and make recommendations on the manner by Strategy. revise the Strategy every 5 years to incor- which the information collected and man- (c) MEMBERSHIP.—The Panel shall be com- porate— aged under the program may be incorporated posed of— (1) new information regarding the ongoing into relevant Federal and State plans that (1) the Administrator of the National Oce- and expected impacts of climate change on affect fish and wildlife, including— anic and Atmospheric Administration; natural resources; and (A) land management plans; (2) the Chief of the Forest Service; (2) new advances in the development of (B) State comprehensive wildlife conserva- (3) the Director of the National Park Serv- strategies and mechanisms for natural re- tion strategies; and ice; sources adaptation. (4) the Director of the United States Fish (C) applicable conservation plans of Indian SEC. 7. FEDERAL AGENCY NATURAL RESOURCES tribes. and Wildlife Service; ADAPTATION PLANS. (e) NATURAL RESOURCES ADAPTATION (5) the Director of the Bureau of Land (a) DEVELOPMENT.—Not later than 1 year SCIENCE ADVISORY BOARD.— Management; after the date of development of the Strat- (1) ESTABLISHMENT.—The Secretaries and (6) the Director of the United States Geo- egy, each Federal agency with representa- the Secretary of Agriculture shall— logical Survey; tion on the Panel shall— (A) not later than 180 days after the date of (7) the Commissioner of Reclamation; (1) complete a natural resources adapta- enactment of this Act, establish and appoint (8) the Director of the Bureau of Indian Af- tion plan for that Federal agency; the members of a Natural Resources Adapta- fairs; (2) provide opportunities for public review tion Science Advisory Board; and (9) the Director of the Minerals Manage- and comment on the plan; (B) on an ongoing basis, coordinate the ac- ment Service; (3) coordinate with the plan of each other tivities of the Board. (10) the Administrator of the Environ- Federal agency with representation on the (2) MEMBERSHIP.—The Board shall be com- mental Protection Agency; Panel; and posed of not fewer than 10 and not more than (11) the Administrator of the Federal (4) submit the plan to the President for re- 20 members— Emergency Management Agency; view and submission to Congress. (A) who have expertise in fish, wildlife, (12) the Chief of Engineers; and (b) REQUIREMENTS.—Each plan shall— plant, aquatic, coastal and marine biology, (13) the heads of other Federal agencies, as (1) implement the Strategy; ecology, hydrology, climate change effects, determined by the President. (2) include a timeline for implementation or other relevant scientific disciplines; (d) CHAIRPERSON.—The Chair of the Council of the plan; (B) who represent a balanced membership on Environmental Quality shall serve as the (3) describe and prioritize proposed natural among Federal, State, tribal, and local rep- Chairperson of the Panel. resources adaptation actions for natural re- resentatives, and diverse interests, including SEC. 6. NATURAL RESOURCES CLIMATE CHANGE sources managed or impacted by activities institutions of higher education and relevant ADAPTATION STRATEGY. authorized by the Federal agency; nongovernmental organizations and con- (a) IN GENERAL.—Not later than 1 year (4) describe how the Federal agency will servation organizations; and after the date of the enactment of this Act, modify or establish other plans, programs,

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activities, or actions in accordance with ap- State comprehensive wildlife strategy) that (f) UPDATING.—Each State plan shall be up- plicable authority, if necessary, to imple- has been— dated at least every 5 years. ment the plan; (i) submitted to the United States Fish and (g) FUNDING.— (5) provide for the inclusion of climate Wildlife Service; and (1) IN GENERAL.—Funds allocated to States change and impact data in natural resources (ii) approved, or is pending approval, by under section 9 shall be used only for activi- management decisions; the United States Fish and Wildlife Service; ties consistent with a State plan approved by (6) establish monitoring protocols— and the Secretary and, as appropriate, the Sec- (A) to assess the effectiveness of the nat- (D) are developed— retary of Commerce. ural resources adaptation actions taken by (i) with the participation of the relevant (2) FUNDING PRIOR TO THE APPROVAL OF A the Federal agency pursuant to the plan; and State agencies considered appropriate by the STATE PLAN.—Until the earlier of the date (B) to update those actions to respond to Governor of the State; and that is 3 years after the date of the enact- monitoring results, other new information, (ii) in coordination with other States and ment of this Act or the date on which a and changing conditions; Indian tribes that share jurisdiction or coop- State plan is approved, a State shall be eligi- (7) establish a process for providing written erative management responsibilities over ble to receive funding under section 9 for guidance to Federal natural resource man- natural resources with the State; and natural resources adaptation activities that agers for implementing the natural resources (2) identify and assess gaps in data useful are— adaptation actions identified in the plan; in developing the State plan. (A) consistent with the comprehensive (8) identify and assess gaps in data and in- (c) REVIEW AND APPROVAL.— wildlife strategy of the State and, where ap- formation useful in developing the plan; and (1) IN GENERAL.—The Secretary and, in the propriate, other natural resources conserva- (9) establish protocols to collect, integrate, case of parts of the State plan relating to a tion strategies; and and share standardized climate change and coastal State, the Secretary of Commerce (B) in accordance with a work plan made impact data with Federal, State, tribal, and shall review each State plan, and approve available to relevant Federal agencies. nongovernmental organizations, private the State plan if the State plan— (3) PENDING APPROVAL.—During the period landowner partners, and the general public. (A) meets the requirements of subsection for which approval of a State plan by the ap- (c) PRESIDENTIAL REVIEW AND SUBMISSION (b); and plicable Secretary is pending, the State may TO CONGRESS.— (B) is consistent with the other require- continue to receive funds under this Act pur- (1) REVIEW.—Not later than 30 days after ments of this Act. suant to the work plan described in para- the date of submission of a plan to the Presi- (2) DEADLINE.—The Secretary and, as appli- graph (2)(B). dent, the President shall— cable, the Secretary of Commerce shall ap- SEC. 9. NATURAL RESOURCES CLIMATE CHANGE (A) review the plan for consistency with prove or disapprove the State plan by writ- ADAPTATION FUND. the requirements of this Act; and ten notice not later than 180 days after the (a) ESTABLISHMENT OF FUND.—There is es- (B) if consistent, submit the plan to Con- date of submission of the State plan (or a re- tablished in the Treasury a separate ac- gress in accordance with this subsection, to- vised State plan). count, to be known as the ‘‘Natural Re- gether with a statement confirming the con- (3) RESUBMISSION.—Not later than 90 days sources Climate Change Adaptation Fund’’ sistency of the plan with this Act. after the date of resubmission of a State plan (referred to in this section as the ‘‘Fund’’). (2) INCONSISTENCY.—If the President finds a that has been disapproved under this sub- (b) AVAILABILITY OF AMOUNTS.— plan of a Federal agency to be inconsistent section, the Secretary and, as applicable, the (1) IN GENERAL.—All amounts deposited with this Act, the President shall direct the Secretary of Commerce, shall approve or dis- into the Fund shall be available without fur- agency to submit a revised plan not later approve the resubmitted State plan by writ- ther appropriation or fiscal year limitation. than 60 days after the finding. ten notice. (2) PAYMENTS.—Subject to the require- (3) SUBMISSION TO CONGRESS.—The Presi- (d) PUBLIC INPUT.—In developing the State ments of programs authorized as of the date dent shall submit plans determined to be plan, a State shall solicit and consider the of enactment of this Act, the Secretary and consistent with this Act to— input of local governments, the public, and the Secretary of Agriculture may distribute (A) the Committee on Natural Resources of independent scientific input. payments from the Fund in accordance with the House of Representatives; (e) COORDINATION WITH OTHER PLANS.—The subsection (c). (B) the Committee on Energy and Natural State plan shall, if appropriate, integrate the (c) DISTRIBUTION OF AMOUNTS.— Resources of the Senate; goals and measures set forth in other natural (1) STATES.—Of the amounts made avail- (C) the Committee on Environment and resources conservation strategies established able for each fiscal year to carry out this Public Works of the Senate; and pursuant to applicable law (including regula- Act, 38.5 percent shall be provided to the (D) any other committees of the House of tions), including— Secretary for distribution to States to carry Representatives or the Senate with principal (1) the National Fish Habitat Action Plan; out natural resources adaptation activities jurisdiction over the Federal agency. (2) plans under the North American Wet- in accordance with natural resources adapta- (d) IMPLEMENTATION.—On submission by lands Conservation Act (16 U.S.C. 4401 et tion plans approved under section 8, and the President to Congress, each Federal seq.); shall be distributed as follows: agency shall, pursuant to and consistent (3) the Federal, State, and local partner- (A) 32.5 percent shall be available to State with applicable authority, implement the ship known as ‘‘Partners in Flight’’; wildlife agencies in accordance with the ap- plan. (4) federally approved coastal zone man- portionment formula established under the (e) REVISION AND REVIEW.—Not less than agement plans under the Coastal Zone Man- second subsection (c) (relating to the appor- every 5 years, each Federal agency with rep- agement Act of 1972 (16 U.S.C. 1451 et seq.); tionment of the Wildlife Conservation and resentation on the Panel shall review and re- (5) federally approved regional fishery Restoration Account) of section 4 of the vise the plan of the Federal agency to incor- management plants and habitat conserva- Pittman-Robertson Wildlife Restoration Act porate the best available science regarding— tion activities under the Magnuson-Stevens (16 U.S.C. 669c); and (1) the ongoing and expected impacts of cli- Fishery Conservation and Management Act (B) 6 percent shall be available to State mate change on natural resources; and (16 U.S.C. 1801 et seq.); coastal agencies pursuant to the formula es- (2) the scientific strategies and mecha- (6) the National Coral Reef Action Plan; tablished by the Secretary of Commerce nisms for natural resources adaptation. (7) recovery plans for threatened species under section 306(c) of the Coastal Manage- SEC. 8. STATE NATURAL RESOURCES ADAPTA- and endangered species under section 4(f) of ment Act of 1972 (16 U.S.C. 1455(c)). TION PLANS. the Endangered Species Act of 1973 (16 U.S.C. (2) NATURAL RESOURCES ADAPTATION.—Of (a) REQUIREMENT.—In order to be eligible 1533(f)); the amounts made available for each fiscal for funds under section 9, not later than 1 (8) habitat conservation plans under sec- year to carry out this Act— year after the development of the Strategy, tion 10 of that Act (16 U.S.C. 1539); (A) 17 percent shall be allocated to the Sec- each State shall prepare a State natural re- (9) the plans for imperiled species of other retary for use in funding— sources adaptation plan to address the ongo- Federal agencies, States, and Indian tribes; (i) natural resources adaptation activities ing and expected impacts of climate change (10) plans under subtitle F of title IX of the carried out— on natural resources within the State. Omnibus Public Land Management Act of (I) under endangered species, migratory (b) CONTENTS.—A State plan shall— 2009 (42 U.S.C. 10361 et seq.) and other appli- species, and other fish and wildlife programs (1) include actions for addressing the ongo- cable law; administered by the National Park Service, ing and expected impacts of climate change (11) the hazard mitigation plans of States the United States Fish and Wildlife Service, on natural resources that— and Indian tribes; the Bureau of Indian Affairs, and the Bureau (A) describe and prioritize proposed nat- (12) the water management plans of States of Land Management; ural resources adaptation actions for natural and Indian tribes; (II) on wildlife refuges, National Park resources managed or impacted by activities (13) State property insurance programs; Service land, and other public land under the authorized by the State; and jurisdiction of the United States Fish and (B) include a time frame for implementing (14) other State-based strategies that im- Wildlife Service, the Bureau of Land Man- the natural resources adaptation actions; plement natural resources adaptation activi- agement, the Bureau of Indian Affairs, or the (C) are incorporated into a revision of the ties to remediate the ongoing and expected National Park Service; State wildlife action plan (also known as the effects of climate change. (III) by the Bureau of Reclamation;

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10784 CONGRESSIONAL RECORD — SENATE October 27, 2009 (IV) by the United States Geological Sur- States, and to Indian tribes, and in accord- ment Reauthorization Act of 2006 (16 U.S.C. vey; and ance with subclause (IV). 1891a); (V) in Indian Country or on Native village (bb) 1⁄3 of the funds provided by this sub- (C) the Coastal Zone Management Act of or Regional Corporation land in Alaska; and paragraph shall be allocated to the Secretary 1972 (16 U.S.C. 1451 et seq.) that are specifi- (ii) the implementation of the program; to carry out natural resources adaptation ac- cally designed to strengthen the ability of (B) 5 percent shall be allocated to the Sec- tivities through the acquisition of lands and coastal, estuarine, and marine resources, retary for natural resources adaptation ac- interests in land under section 7 of the Land habitats, and ecosystems to adapt to and tivities carried out through cooperative and Water Conservation Fund Act of 1965 (16 withstand the ongoing and expected impacts grant programs, such as— U.S.C. 4601–9). of climate change; (i) the cooperative endangered species con- (cc) 1⁄3 of the funds provided by this sub- (D) the Open Rivers Initiative; servation fund authorized under section 6 of paragraph shall be allocated to the Secretary (E) the Magnuson-Stevens Fishery Con- the Endangered Species Act of 1973 (16 U.S.C. of Agriculture to carry out natural resources servation and Management Act (16 U.S.C. 1535); adaptation activities through the acquisition 1801 et seq.); (ii) programs under the North American of land and interests in land under section 7 (F) the Marine Mammal Protection Act of Wetlands Conservation Act (16 U.S.C. 4401 et of the Land and Water Conservation Fund 1972 (16 U.S.C. 1361 et seq.); seq.); Act of 1965 (16 U.S.C. 460l–9). (G) the Endangered Species Act of 1973 (16 (iii) the Neotropical Migratory Bird Con- (II) Deposits in the Land and Water Con- U.S.C. 1531 et seq.); servation Fund established by section 9(a) of servation Fund under this clause shall— (H) the Marine Protection, Research, and the Neotropical Migratory Bird Conservation (aa) be supplemental to funds provided Sanctuaries Act of 1972 (33 U.S.C. 1401 et Act (16 U.S.C. 6108(a)); under section 3 of the Land and Water Con- seq.); (iv) the Coastal Program of the United servation Fund Act of 1965 (16 U.S.C. 460l–6), (I) the Coral Reef Conservation Act of 2000 States Fish and Wildlife Service; which shall remain available for nonadapta- (16 U.S.C. 6401 et seq.); and (v) the National Fish Habitat Action Plan tion needs; and (J) the Estuary Restoration Act of 2000 (33 dated April 24, 2006 (including any revisions (bb) be available to carry out this Act U.S.C. 2901 et seq.). or amendments made to the National Fish without further appropriation or fiscal year (5) ESTUARINE AND FRESHWATER ECOSYSTEM Habitat Action Plan after April 24, 2006); ADAPTATION.—Of the amounts made available (vi) the Partners for Fish and Wildlife Pro- limitation. for each fiscal year to carry out this Act, 7.5 gram, as carried out by the Secretary under (III) Amounts under subclause (I)(aa) shall section 4 of the Partners for Fish and Wild- be made available— percent shall be allocated to the Adminis- life Act (16 U.S.C. 3773); (aa) notwithstanding section 5 of the Land trator of the Environmental Protection (vii) the Landowner Incentive Program, as and Water Conservation Fund Act of 1965 (16 Agency and 5 percent shall be available to established by the Secretary in the matter U.S.C. 460l–7); and the Secretary of the Army for use by the Corps of Engineers, working in cooperation under the heading ‘‘LANDOWNER INCENTIVE (bb) in addition to any funds provided pur- PROGRAM’’ under the heading ‘‘UNITED suant to appropriations, the Energy Policy with other applicable Federal agencies, for STATES FISH AND WILDLIFE SERVICE’’ of title Act of 2005 (42 U.S.C. 15801 et seq.), or any natural resources adaptation activities for— I of the Department of the Interior, Environ- other authorization. (A) large-scale freshwater aquatic eco- ment, and Related Agencies Appropriations (iii) In allocating funds under this subpara- systems, such as the Everglades, the Great Act, 2006 (Public Law 109–54; 119 Stat. 504); graph, the Secretary and the Secretary of Lakes, Flathead Lake, the Missouri River, (viii) the Wildlife Without Borders Pro- Agriculture shall take into consideration the Mississippi River, the Colorado River, gram of the United States Fish and Wildlife factors including— the Sacramento-San Joaquin Rivers, the Service; (I) the availability of non-Federal con- Ohio River, the Columbia-Snake River Sys- (ix) the Migratory Species Program and tributions from State, local, or private tem, the Apalachicola, Chattahoochee, and Park Flight Migratory Bird Program of the sources; Flint River System, the Connecticut River, National Park Service; (II) opportunities to protect fish and wild- Middle Rio Grande River, and the Yellow- (x) the Water for America or other pro- life corridors or otherwise to link or consoli- stone River; grams carried out by the Bureau of Reclama- date fragmented habitats; (B) large-scale estuarine ecosystems, such tion; and (III) opportunities to reduce the risk of seas Chesapeake Bay, Long Island Sound, (xi) programs under— vere wildfires, drought, extreme flooding, or Puget Sound, the Mississippi River Delta, (I) subtitle A of title VI of the Omnibus other climate-related events that are harm- the San Francisco Bay Delta, Narragansett Public Land Management Act of 2009 (16 ful to fish and wildlife and people; and Bay, and Albemarle-Pamlico Sound; U.S.C. 1015 et seq.); (IV) the potential for conservation of spe- (C) freshwater and estuarine ecosystems, (II) subtitle F of title IX of the Omnibus cies or habitat types at serious risk due to watersheds, and basins identified and Public Land Management Act of 2009 (42 climate change. prioritized by the Administrator of the Envi- U.S.C. 10361 et seq.); and (3) NATIONAL FOREST AND GRASSLAND ADAP- ronmental Protection Agency or the Corps of (III) other applicable law; TATION.—Of the amounts made available for Engineers, working in cooperation with (C) 3 percent shall be allocated to the Sec- each fiscal year to carry out this Act, 5 per- other Federal agencies, States, tribal gov- retary to provide financial assistance to In- cent shall be allocated to the Forest Service, ernments, local governments, scientists, and dian tribes to carry out natural resources ad- through the Secretary of Agriculture— other conservation partners; aptation activities through the Tribal Wild- (A) to fund natural resources adaptation (D) estuary habitat restoration projects life Grants Program of the United States activities (including water-related adapta- authorized by the Estuary Restoration Act Fish and Wildlife Service or other programs; tion activities) carried out in national for- of 2000 (33 U.S.C. 2901 et seq.); and ests and national grasslands under the juris- (E) aquatic restoration and protection (D) 12 percent shall be allocated for acqui- diction of the Forest Service; and projects authorized by section 206 of the sition of land or interests in land to carry (B) to carry out natural resources adapta- Water Resources Development Act of 1996 (33 out natural resources adaptation activities tion activities on State, tribal, and private U.S.C. 2330); and as follows: forest land carried out under the Cooperative (F) other appropriate programs and activi- (i) 1⁄6 shall be allocated to the Secretary of Forestry Assistance Act of 1978 (16 U.S.C. ties. Agriculture to provide financial assistance 2101 et seq.) and other authorized cooperative (d) USE OF FUNDS BY FEDERAL AGENCIES.— to States and Indian tribes to carry out nat- grant programs. Funds allocated to Federal agencies under ural resources adaptation activities through (4) COASTAL, ESTUARINE, AND MARINE SYS- this section shall only be used for natural re- the acquisition of land and interests in land TEM ADAPTATION.—Of the amounts made under section 7 of the Cooperative Forestry available for each fiscal year to carry out sources adaptation activities consistent with Assistance Act of 1978 (16 U.S.C. 2103c). this Act, 7 percent shall be allocated to the a natural resources adaptation plan approved (ii)(I) The remainder 5⁄6 shall be deposited Secretary of Commerce, working in coopera- under section 7. in the Land and Water Conservation Fund tion with other Federal agencies, States, In- (e) STATE COST SHARING.—Notwithstanding established under section 2 of the Land and dian tribes, local governments, scientists, any other provision of law, a State that re- Water Conservation Fund Act of 1965 (16 and other conservation partners, to fund ceives a grant under this section shall use U.S.C. 460l–5) to be further allocated as fol- coastal, estuarine, and marine natural re- lows: sources adaptation activities, through pro- funds from non-Federal sources to pay not less than 10 percent of the costs of each ac- (aa) 1⁄6 of the funds provided by this sub- grams such as— paragraph shall be allocated to the Secretary (A) the coastal and estuarine land con- tivity carried out under the grant. to carry out natural resources adaptation ac- servation program administered by the Na- SEC. 10. ADDITIONAL PROVISIONS REGARDING tivities through the acquisition of land and tional Oceanic and Atmospheric Administra- INDIAN TRIBES. interests in land under section 6 of the Land tion; and Water Conservation Fund Act of 1965 (16 (B) the community-based restoration pro- (a) FEDERAL TRUST RESPONSIBILITY.—Noth- U.S.C. 460l–8), to be made available on a com- gram for fishery and coastal habitats estab- ing in this Act alters the Federal trust re- petitive basis to States, in accordance with lished under section 117 of the Magnuson- sponsibility to any Indian tribe, or any trea- the natural resources adaptation plans of Stevens Fishery Conservation and Manage- ty or other right of any Indian tribe.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE October 27, 2009 CONGRESSIONAL RECORD — SENATE S10785 (b) APPLICATION OF OTHER LAW.—The Sec- the House to enact this important was killed on impact. A Fairfax County retary may apply the provisions of the In- piece of legislation this year. detective said, ‘‘We found the phone on dian Self-Determination and Education As- the floor in the open position. I suspect sistance Act (25 U.S.C. 450 et seq.) in the im- By Mr. ROCKEFELLER (for him- she was actually reading the text.’’ plementation of this Act. self, Mrs. HUTCHISON, Mr. LAU- While that story is tragic, it becomes By Mr. BAUCUS (for himself, Mr. TENBERG, Mr. SCHUMER, Mr. even more so when the person texting THUNE, and Ms. KLOBUCHAR): KERRY, and Mrs. SHAHEEN): doesn’t kill himself or herself, but in- S. 1934. A bill to amend the Internal S. 1938. A bill to establish a program nocent persons instead. Revenue Code of 1986 to prevent the to reduce injuries and deaths caused by In September 2008, 13-year-old avoidance of tax on income from assets cellphone use and texting while driv- Margay Schee in Marion County, FL, held abroad, and for other purposes; to ing; to the Committee on Environment was riding home from school in a the Committee on Finance. and Public Works. school bus. A truck driver, who by his Mr. BAUCUS. Mr. President, today, I Mr. ROCKEFELLER. Mr. President, own admission was distracted by a cell am pleased to introduce the Foreign today I am introducing comprehensive, phone conversation, slammed into the Account Tax Compliance Act of 2009. bipartisan legislation to reduce deaths back of the bus, which had its flashers The bill gives the IRS powerful tools and injuries caused by drivers texting on while stopped. The bus caught fire, to find US taxpayers who are hiding and holding cell phones, I am delighted killing Margay in a vehicle that is de- their money in offshore accounts. It in- to have four original cosponsors join signed to protect children. cludes strong incentives for individuals me today: Senator HUTCHISON, the In September 2006, college student to properly report income from assets ranking member of the Senate Com- Reggie Shaw sent 11 text messages over held in offshore accounts. The days of merce, Science and Transportation 30 minutes to his girlfriend as he drove sending your money offshore to avoid Committee; Senator LAUTENBERG, the his truck along a two-lane highway in paying US taxes are over. chairman of the Senate Commerce rural Utah. Shaw sent the last text This package is the result of a col- Committee’s Surface Transportation message one minute before he called laborative effort with the House and and Merchant Marine Infrastructure, police about the accident. Investiga- has the support of the White House and Safety and Security Subcommittee, tors concluded that Shaw sent that last the Treasury Department. It is fully Senator SCHUMER, and Mr. THUNE, the text message just as he crossed the yel- consistent with the policies in the pre- ranking member of the Surface Trans- low line of the rural highway, striking liminary draft of offshore compliance portation and Merchant Marine Sub- an oncoming car. James Furaro and proposals that I released in March of committee. Keith O’Dell, both rocket scientists, this year to detect, deter, and discour- According to the Department of were killed instantly. age offshore tax evasion. Transportation, distracted drivers last Unlike some highway safety issues The bill is a practical solution to a year killed 5,800 people. Distraction that are complicated to address, this very challenging problem. For the first was a factor in 16 percent of all traffic one is not. Writing and reading text time, the tax law would authorize the fatalities. In addition, distracted driv- messages while driving a 2,000-pound IRS to receive information reports ers injured 515,000 people, which ac- vehicle is dangerous—not only for the from foreign financial institutions dis- counted for 22 percent of all people in- driver, but also for the driver’s pas- closing the identities of their US ac- jured in traffic accidents. sengers and everyone else using the count holders and the amounts being Distracted driving covers a range of roads. Crashes involving commercial held in the accounts. activities: eating, reaching for an ob- vehicles—such as trucks and buses— Individuals with offshore accounts ject, texting, or using a cell phone. An can result in even more catastrophic would be required to provide details of analysis of 5,471 passenger vehicle accidents than passenger cars. An those accounts on their tax returns. crashes investigated by the National 80,000-pound truck will crush a small Trust rules would be significantly Highway Traffic Safety Administra- car like a soda can. strengthened to prevent the true bene- tion, NHTSA, found that 18 percent of Texting takes a driver’s eyes off the ficiaries from hiding behind a nominee drivers just prior to the crash were en- road for at least four seconds at a owner. gaged in at least one non-driving activ- time—long enough at high speeds to It will not be so easy to hide your ity, which included cell phone use. travel the length of a football field. money from Uncle Sam anymore. We all know that the explosion of Under those circumstances, there is no Following the recommendation of the cell phone use and texting in the past time to react to a stopped car, a stop Government Accountability Office, the three years has brought distracted sign, or another road hazard. In fact, a IRS would have more time, up to 6 driving to a new level of danger. Now recent study by the Virginia Tech years, to find and examine unreported we have the new data, provided by the Transportation Instistitute on behalf and misreported offshore transactions. same researchers who record seat belt of the Federal Motor Carrier Safety Robust penalties would be in place use levels for NHTSA: at any given Administration, FMCSA, found that for those who still try to skirt the daylight hour, 11 percent of vehicles motor vehicle operators who are rules. are driven by a person holding a hand- texting are 23 times more likely to This bill would improve tax compli- held electronic device. That translates cause a crash, or near-crash, than a ance without raising taxes on anyone. into 812,000 drivers not paying full at- non-distracted driver. Deaths and inju- These are taxes that already are le- tention to driving at any given mo- ries to innocent people are the inevi- gally owed. ment of the day, which makes our table and tragically avoidable result. Those who game the tax system by roads more dangerous for everyone. In 2006, the National Transportation hiding their money in offshore ac- The statistics regarding deaths and Safety Board, after investigating sev- counts, like those in the recent UBS injuries caused by distracted drivers eral accidents, made a recommenda- scandal, unfairly shift the tax burden provide the foundation for us to act. tion to the FMCSA to ban cell phone to honest taxpayers who comply with But the tragic, individual stories of use by commercial driver’s license their tax obligations. The IRS esti- deaths and injuries to innocent people holders who have endorsements to mates that up to 52,000 individuals hid compel us to act. carry passengers or drive school buses. billions of dollars in offshore accounts In October 2008, 29-year-old Tiffany I commend the Transportation Sec- through UBS. DeGroft was exchanging text messages retary’s recent actions to begin ad- Offshore tax evasion is a significant with her boyfriend while driving her dressing these recommendations. But I part of the tax gap and it has gone on Jaguar on Braddock Road in Centre- am concerned that the Department of long enough. ville, Virginia. The text messages indi- Transportation should be doing more I believe this bill will be a turning cate that her boyfriend was upset. His to eliminate these unsafe driver dis- point in putting an end to offshore tax last text message read: ‘‘Why aren’t tractions. evasion. you answering me now?’’ Tiffany Several States have taken action to I look forward to working with my DeGroft did not answer because her car ban texting while driving, and to limit Colleagues here in the Senate and in had missed a curve in the road. She cell phone use to hands-free devices.

VerDate Nov 24 2008 05:16 Jan 16, 2010 Jkt 079060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\RECORD09\RECFILES\S27OC9.REC S27OC9 mmaher on DSK69SOYB1PROD with CONG-REC-ONLINE S10786 CONGRESSIONAL RECORD — SENATE October 27, 2009 But not enough states have done so. office space. Devices to receive direc- ior will result in fewer deaths and inju- Since Constitutional considerations tions, follow-up on orders, or maintain ries on our nation’s roads. prohibit the federal government from contact with dispatchers are necessary I ask my colleagues to support this directing states to enact traffic laws, to perform a truck driver’s duties. comprehensive bill that will save lives we at the federal level can only give These devices, too, can become distrac- and prevent injuries by reducing dis- states funding incentives to act with tions, as they require eyes and atten- tracted driving. regard to passenger vehicle drivers. tion to be removed from the roadway. f That is why I am today introducing the Therefore, this legislation would re- SUBMITTED RESOLUTIONS Distracted Driving Prevention Act of quire the Secretary of Transportation 2009. to issue regulations within one year First, this legislation would create a specifically on the use of electronic SENATE RESOLUTION 323—HON- grant program to send money to states and wireless devices by commercial ORING EDWARD W. BROOKE, III, that enact laws to prohibit texting and motor vehicle drivers and those who FORMER UNITED STATES SEN- hand-held cell phone use while driving. operate certain school buses. The Sec- ATOR FOR THE COMMONWEALTH While we wish the states would enact retary would be authorized to ban the OF MASSACHUSETTS, ON THE these common-sense safety measures use of certain devices if the Secretary OCCASION OF HIS 90TH BIRTH- on their own, the history of highway determines that they interfere with the DAY safety tells us that many states will safe operation of a commercial motor Mr. BURRIS (for himself, Mr. KERRY, fail to act unless we give them an in- vehicle. The bill also would allow the and Mr. KIRK) submitted the following centive to do so. Secretary to permit exceptions for resolution; which was referred to the To qualify for a federal grant, a state emergency uses. We need to make sure Committee on the Judiciary. must enact an absolute ban on texting that commercial motor vehicle drivers S. RES. 323 while driving. No exceptions. There are operating their trucks and buses in Whereas Edward W. Brooke, III, served in should be no exception for a driver tak- the safest manner possible. the United States Senate with great dedica- ing his or her eyes off the road. For Furthermore, this legislation will re- tion, integrity, and professionalism as a states to receive the grant, the prohibi- quire that states, as part of their fed- trusted colleague from the Commonwealth of tion on texting must have significant eral grant for data collection, begin Massachusetts; penalties, including increased fines and collecting distracted driving data Whereas Edward Brooke was the first Afri- other penalties for a driver who causes about each vehicle crash, starting with can American elected by popular vote to the an accident while texting. the police reports of the crash. By re- United States Senate and was the first Afri- The second requirement for a State can American to serve in the United States quiring law enforcement officers to in- Senate since the Reconstruction Era; to receive a grant is to enact a law quire about the possible role that Whereas Edward Brooke served on the that bans holding a cell phone while texting or cell phone use might have Commission on Civil Disorders under Presi- driving. When people drive, both hands played in a crash, and requiring states dent Lyndon B. Johnson, where his work on should be on the wheel. The grant pro- to collect that data, we can better un- discrimination in housing served as the basis gram does not ask states to completely derstand the scope and causes of the for the Fair Housing Act of 1968 (42 U.S.C. ban cell phone use by drivers; our legis- distracted driving problem. 3601 et seq.); lation would allow the use of a hands- To bolster the new data collection at Whereas Edward Brooke was awarded the free device during a phone call. We also Presidential Medal of Freedom on June 23, the state level, this legislation would 2004; allow states to make exceptions for require the Transportation Secretary Whereas Edward Brooke was awarded the holding a cell phone to call for emer- to establish a dedicated program at the Congressional Gold Medal on October 28, gency services. Transportation Department to study 2009; States qualifying for the grant must all forms of distracted driving across Whereas Edward Brooke’s long and distin- completely ban cell phone use by driv- all modes of transportation. Better re- guished career in public service included ers under the age of 18. A driver under search is essential to finding the best serving in the United States Army during 18 years old may not even use a hands- strategies for reducing deaths and inju- World War II, as Attorney General for the free device. For these inexperienced Commonwealth of Massachusetts, and as ries caused by distracted driving. chairman of the board of the National Low drivers, the additional distraction of This legislation also charges the Fed- Income Housing Coalition; and using a cell phone can be deadly. Many eral Communications Commission with Whereas Edward Brooke celebrated his parents already encourage their teen- studying potential initiatives to raise 90th birthday on October 26, 2009: Now, there- age drivers to not use a cell phone awareness and reduce the problems fore, be it while driving. But having the police en- caused by distracted driving. By bring- Resolved, That the Senate— force this law will be even more effec- ing aboard the agency with oversight (1) acknowledges and honors the unprece- tive. of wireless carriers, we add another dented and enduring achievements and con- With more States enacting a ban on tributions made by Edward W. Brooke, III, stakeholder that can help us develop during his distinguished career of public texting and hand-held cell phone use, creative solutions to address this prob- service to the United States; and we need to get the message out so that lem. (2) congratulates and expresses best wishes drivers obey the law. Our legislation One last note about this legislation: to Edward Brooke on the celebration of his would create a new national education it is paid for. The grant program that 90th birthday. campaign based upon the tremendous encourages states to enact a primary f success of the recent drunk driving and seat belt law has run a surplus in re- SENATE RESOLUTION 324—DESIG- seat belt advertising campaigns. These cent years as the number of states en- NATING NOVEMBER 1, 2009, AS advertising campaigns are not only an acting a new primary seat belt law has ‘‘NATIONAL HEMANGIOMA opportunity to remind people of the slowed. Any state that enacts a new TREATMENT AWARENESS DAY’’ law, but also a means by which to edu- primary seat belt law in 2010 and 2011 cate drivers about the dangers of would still receive their safety belt Mr. GRAHAM submitted the fol- texting and cell phone use. This edu- grant. But the remainder of the fund- lowing resolution; which was consid- cation can change driver behavior even ing for that program will be redirected ered and agreed to: when law enforcement might not be for the nationwide distracted driving S. RES. 324 present. advertising campaigns, and sent as Whereas hemangiomas are the most com- In addition to nationwide adver- grants to states that prohibit texting mon benign tumors that occur in infancy; tising, we also will direct NHTSA to and hand-held cell phone use. Whereas hemangiomas appear at birth, or target some local markets with adver- Creating incentives for states to take within the first several months of life; action against distracted driving, Whereas, each year, approximately 400,000 tising in states and cities that have al- children in the United States are born with ready passed texting and cell phone use launching a nationwide campaign to hemangiomas and other vascular anomalies; laws. educate drivers about the dangers of Whereas hemangiomas and other vascular Unlike passenger vehicle drivers, a texting and cell phone use, and col- anomalies can have a negative effect on the truck driver’s vehicle is also his or her lecting better data about driver behav- emotional development of a child;

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Whereas awareness of the impact of Appropriations Act, 2008 to provide for the (b) DOCUMENTATION REQUIREMENT.—Sub- hemangiomas and vascular anomalies on temporary availability of certain additional section (d) of section 36 of such Code is children, their families, and society will lead emergency unemployment compensation, amended by striking ‘‘or’’ at the end of para- to improvements in the care of children with and for other purposes; which was ordered to graph (1), by striking the period at the end of hemangiomas; lie on the table. paragraph (2) and inserting a comma, and by Whereas the National Institutes of Health SA 2704. Mr. LEAHY submitted an amend- adding at the end the following new para- supports research on the treatment of, and ment intended to be proposed by him to the graphs: cure for, hemangiomas and other vascular bill H.R. 3548, supra; which was ordered to lie ‘‘(3) the taxpayer fails to attach to the re- anomalies; on the table. turn of tax for such taxable year a properly Whereas The Hemangioma Treatment SA 2705. Mr. CASEY submitted an amend- executed copy of the settlement statement Foundation has the unique mission of pro- ment intended to be proposed to amendment used to complete such purchase, or viding treatment to children affected with SA 2699 submitted by Mr. ISAKSON (for him- ‘‘(4) the taxpayer fails to attach to the re- self and Mr. DODD) and intended to be pro- hemangiomas and other vascular anomalies; turn of tax for such taxable year a certified posed to the bill H.R. 3548, supra; which was and statement of the taxpayer’s eligibility for ordered to lie on the table. Whereas The Hemangioma Treatment the tax credit issued by the real estate re- SA 2706. Mrs. MCCASKILL submitted an Foundation is dedicated to finding a cure for amendment intended to be proposed by her porting person (as defined in section hemangiomas and other vascular anomalies: to the bill H.R. 3548, supra; which was or- 6045(e)(2)) with respect to such purchase.’’. Now, therefore, be it dered to lie on the table. (c) RESTRICTION ON MARRIED INDIVIDUAL Resolved, That the Senate— SA 2707. Mr. BROWNBACK submitted an ACQUIRING RESIDENCE FROM FAMILY OF (1) designates November 1, 2009, as ‘‘Na- amendment intended to be proposed by him SPOUSE.—Clause (i) of section 36(c)(3)(A) of tional Hemangioma Treatment Awareness to the bill H.R. 2847, making appropriations such Code is amended by inserting ‘‘(or, if Day’’; and for the Departments of Commerce and Jus- married, such individual’s spouse)’’ after (2) respectfully requests that the Secretary tice, and Science, and Related Agencies for ‘‘person acquiring such property’’. of Senate transmit a copy of this resolution the fiscal year ending September 30, 2010, and (d) CERTAIN ERRORS WITH RESPECT TO THE to The Hemangioma Treatment Foundation. for other purposes; which was ordered to lie FIRST-TIME HOMEBUYER TAX CREDIT TREATED on the table. AS MATHEMATICAL OR CLERICAL ERRORS.— f f Paragraph (2) of section 6213(g) of such Code, SENATE RESOLUTION 325—DESIG- as amended by this Act, is amended by strik- NATING OCTOBER 25 THROUGH TEXT OF AMENDMENTS ing ‘‘and’’ at the end of subparagraph (N), by OCTOBER 31, 2009, AS ‘‘NATIONAL SA 2703. Mr. LEAHY submitted an striking the period at the end of subpara- HISPANIC MEDIA WEEK’’ IN amendment intended to be proposed by graph (O) and inserting ‘‘, and’’, and by in- him to the bill H.R. 3548, to amend the serting after subparagraph (O) the following HONOR OF THE LATINO MEDIA new subparagraph: OF AMERICA Supplemental Appropriations Act, 2008 ‘‘(P) an entry on a return claiming the to provide for the temporary avail- Mr. REID (for himself, Mrs. credit under section 36 if— ability of certain additional emergency GILLIBRAND, Mr. UDALL of Colorado, ‘‘(i) the Secretary obtains information unemployment compensation, and for from the person issuing the TIN of the tax- Mr. BINGAMAN, Mr. BENNET, and Mr. other purposes; which was ordered to payer that indicates that the taxpayer does MENENDEZ) submitted the following lie on the table; as follows: not meet the age requirement of section resolution; which was considered and On page 3, after line 22, add the following: 36(b)(3), agreed to: SEC. 205. EB–5 REGIONAL CENTER PROGRAM. ‘‘(ii) information provided to the Secretary S. RES. 325 Section 610 of the Departments of Com- by the taxpayer on an income tax return for Whereas for almost 470 years the United merce, Justice, and State, the Judiciary, and at least one of the 2 preceding taxable years States has benefitted from the work of His- Related Agencies Appropriations Act, 1993 (8 is inconsistent with eligibility for such cred- panic writers and publishers; U.S.C. 1153 note) is amended— it, or Whereas there are over 800 Hispanic news- (1) by striking ‘‘pilot’’ each place it ap- ‘‘(iii) the taxpayer fails to attach to the re- papers with a circulation of 17,800,000, and pears; and turn the form described in paragraph (3) or over 550 Hispanic magazines with a circula- (2) in subsection (b), by striking ‘‘for 15 (4) of section 36(d).’’. tion of 31,600,000; years’’. (e) INVESTIGATION AND PROSECUTION; RE- Whereas Hispanic television and radio pro- PORT.—The Commissioner of Internal Rev- grams respond to the bilingual needs of the SA 2704. Mr. LEAHY submitted an enue shall take such steps as are necessary United States Latino population; amendment intended to be proposed by to investigate and prosecute instances of Whereas market research estimates that him to the bill H.R. 3548, to amend the fraud related to the first-time homebuyer the reach of Spanish language television is Supplemental Appropriations Act, 2008 tax credit under section 36 of the Internal nearly universal; to provide for the temporary avail- Revenue Code of 1986. The Commissioner of Whereas 1 in 8 Americans is served by a ability of certain additional emergency Internal Revenue shall provide reports to Congress on the status of the investigatory Hispanic publication throughout the Nation; unemployment compensation, and for Whereas the Latino print media generated and prosecutorial actions not later than 90 other purposes; which was ordered to days after the date of the enactment of this $1,400,000,000 in revenue last year, despite ad- lie on the table; as follows: verse economic conditions; Act, and quarterly thereafter. Whereas the Hispanic press informs many On page 7, after line 9, add the following: (f) EFFECTIVE DATE.— Americans about significant political, eco- SEC. 6. EB–5 REGIONAL CENTER PROGRAM. nomic, and social issues of our day; Section 610 of the Departments of Com- SA 2706. Mrs. MCCASKILL submitted Whereas the Hispanic press in the United merce, Justice, and State, the Judiciary, and an amendment intended to be proposed States focuses in particular on informing Related Agencies Appropriations Act, 1993 (8 by her to the bill H.R. 3548, to amend and promoting the well being of our coun- U.S.C. 1153 note) is amended— the Supplemental Appropriations Act, (1) by striking ‘‘pilot’’ each place it ap- try’s Hispanic community; and 2008 to provide for the temporary avail- Whereas commemorating the achieve- pears; and (2) in subsection (b), by striking ‘‘for 15 ability of certain additional emergency ments of the Hispanic press acknowledges unemployment compensation, and for the important role the Hispanic press has years’’. other purposes; which was ordered to played in United States history: Now, there- SA 2705. Mr. CASEY submitted an fore, be it lie on the table; as follows: Resolved, That the Senate— amendment intended to be proposed to At the end add the following: amendment SA 2699 submitted by Mr. (1) designates October 25 through October SEC. ll. WAIVER OF RECAPTURE OF FIRST-TIME 31, 2009, as ‘‘National Hispanic Media Week’’ ISAKSON (for himself and Mr. DODD) and HOMEBUYER CREDIT FOR INDIVID- in honor of the Latino Media of America; and intended to be proposed to the bill H.R. UALS ON QUALIFIED OFFICIAL EX- (2) encourages the people of the United 3548, to amend the Supplemental Ap- TENDED DUTY. States to observe the week with appropriate propriations Act, 2008 to provide for (a) IN GENERAL.—Paragraph (4) of section programs and activities. the temporary availability of certain 36(f) of the Internal Revenue Code of 1986 is additional emergency unemployment amended by adding at the end the following f new subparagraph: compensation, and for other purposes; ‘‘(E) SPECIAL RULE FOR MEMBERS OF THE AMENDMENTS SUBMITTED AND which was ordered to lie on the table; PROPOSED ARMED FORCES, ETC.— as follows: ‘‘(i) IN GENERAL.—In the case of the disposi- SA 2703. Mr. LEAHY submitted an amend- Beginning on page 5, line 22, strike all tion of a principal residence by an individual ment intended to be proposed by him to the through page 7, line 9, and insert the fol- (or a cessation referred to in paragraph (2)) bill H.R. 3548, to amend the Supplemental lowing: after December 31, 2008, in connection with

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INCREASE IN PENALTY FOR FAILURE (7) In February 2008, the United Nations vidual, or such individual’s spouse, for quali- TO FILE A PARTNERSHIP OR S COR- Group of Experts on the Democratic Repub- fied official extended duty service— PORATION RETURN. lic of Congo stated, ‘‘individuals and entities ‘‘(I) paragraph (2) and subsection (d)(2) (a) IN GENERAL.—Sections 6698(b)(1) and buying mineral output from areas of the 6699(b)(1) of the Internal Revenue Code of shall not apply to such disposition (or ces- eastern part of the Democratic Republic of 1986 are each amended by striking ‘‘$89’’ and sation), and Congo with a strong rebel presence are vio- inserting ‘‘$110’’. ‘‘(II) if such residence was acquired before lating the sanctions regime when they do (b) EFFECTIVE DATE.—The amendments January 1, 2009, paragraph (1) shall not apply made by this section shall apply to returns not exercise due diligence to ensure their to the taxable year in which such disposition for taxable years beginning after December mineral purchases do not provide assistance (or cessation) occurs or any subsequent tax- 31, 2009. to illegal armed groups’’ and defined due able year. SEC. ll. TIME FOR PAYMENT OF CORPORATE diligence as including the following: ‘‘(ii) QUALIFIED OFFICIAL EXTENDED DUTY ESTIMATED TAXES. (A) Determining the precise identity of the SERVICE.—For purposes of this section, the The percentage under paragraph (1) of sec- deposits from which the minerals they in- term ‘qualified official extended duty serv- tion 202(b) of the Corporate Estimated Tax tend to purchase have been mined. ice’ means service on qualified official ex- Shift Act of 2009 in effect on the date of the (B) Establishing whether or not these de- tended duty as— enactment of this Act is increased by 0.5 per- posits are controlled or taxed by illegal ‘‘(I) a member of the uniformed services, centage points. armed groups. ‘‘(II) a member of the Foreign Service of (C) Refusing to buy minerals known to the United States, or SA 2707. Mr. BROWNBACK submitted originate, or suspected to originate, from de- ‘‘(III) as an employee of the intelligence an amendment intended to be proposed posits controlled or taxed by illegal armed community. by him to the bill H.R. 2847, making ap- groups. ‘‘(iii) DEFINITIONS.—Any term used in this propriations for the Departments of (8) In its final report, released on December subparagraph which is also used in para- Commerce and Justice, and Science, 12, 2008, the United Nations Group of Experts graph (9) of section 121(d) shall have the and Related Agencies for the fiscal on the Democratic Republic of the Congo same meaning as when used in such para- found that official exports of columbite-tan- graph.’’. year ending September 30, 2010, and for other purposes; which was ordered to talite, cassiterite, wolframite, and gold are (b) EFFECTIVE DATE.—The amendment grossly undervalued and that various illegal made by this section shall apply to disposi- lie on the table; as follows: armed groups in the eastern region of the tions and cessations after December 31, 2008. On page 203, between lines 23 and 24, insert Democratic Republic of Congo continue to the following: SEC. ll. EXTENSION OF FIRST-TIME HOME- profit greatly from these natural resources BUYER CREDIT FOR INDIVIDUALS TITLE VI—CONGO CONFLICT MINERALS by coercively exercising control over mining ON QUALIFIED OFFICIAL EXTENDED SEC. 601. FINDINGS. sites from where they are extracted and loca- DUTY OUTSIDE THE UNITED STATES. Congress finds the following: tions along which they are transported for (a) IN GENERAL.—Subsection (h) of section (1) The Democratic Republic of Congo was export. 36 of the Internal Revenue Code of 1986 is devastated by a civil war carried out in 1996 (9) United Nations Security Council Reso- amended— and 1997 and a war that began in 1998 and lution 1857, unanimously adopted on Decem- (1) by striking ‘‘This section’’ and insert- ended in 2003, which resulted in widespread ber 22, 2008— ing ‘‘(1) IN GENERAL.—This section’’, and human rights violations and the interven- (A) broadens existing sanctions relating to (2) by adding at the end the following: tion of multiple armed forces or armed non- the Democratic Republic of Congo to include ‘‘(2) SPECIAL RULES FOR INDIVIDUALS ON state actors from other countries in the re- ‘‘individuals or entities supporting the ille- QUALIFIED OFFICIAL EXTENDED DUTY OUTSIDE gion. gal armed groups...through illicit trade THE UNITED STATES.—In the case of any indi- (2) Despite the signing of a peace agree- of natural resources,’’; and vidual who serves on qualified official ex- ment and subsequent withdrawal of foreign (B) encourages member countries to ensure tended duty service outside the United forces in 2003, the eastern region of the that companies handling minerals from the States for at least 90 days in calendar year Democratic Republic of Congo has continued Democratic Republic of Congo exercise due 2009 and, if married, such individual’s to suffer from high levels of poverty, insecu- diligence on their suppliers. spouse— rity, and a culture of impunity, in which ille- (10) Continued weak governance in the ‘‘(A) paragraph (1) shall be applied by sub- gal armed groups and military forces con- Democratic Republic of Congo has allowed stituting ‘December 1, 2010’ for ‘December 1, tinue to commit widespread human rights the illicit trade in the minerals columbite- 2009’, abuses. tantalite, cassiterite, wolframite, and gold ‘‘(B) subsection (f)(4)(D) shall be applied by (3) According to a study by the Inter- to flourish, which empowers illegal armed substituting ‘December 1, 2010’ for ‘December national Rescue Committee released in Jan- groups, undermines local development, and 1, 2009’, and uary 2008, conflict and related humanitarian results in a loss or misuse of tax revenue for ‘‘(C) in lieu of subsection (g), in the case of crisis in the Democratic Republic of Congo the Government of the Democratic Republic a purchase of a principal residence after De- have resulted in the deaths of an estimated of Congo. The development of stronger gov- cember 31, 2009, and before July 1, 2010, the 5,400,000 people since 1998 and continue to ernance and economic institutions that sup- taxpayer may elect to treat such purchase as cause as many as 45,000 deaths each month. port legitimate cross-border trade in such made on December 31, 2009, for purposes of (4) Sexual violence and rape remain perva- minerals would— this section (other than subsections (c) and sive tools of warfare used by all parties in (A) help prevent the exploitation of such (f)(4)(D)).’’. eastern region of the Democratic Republic of minerals by illegal armed groups; and Congo to terrorize and humiliate commu- (B) enable the hundreds of thousands of (b) COORDINATION WITH FIRST-TIME HOME- nities, resulting in community break down people who depend on such minerals for their BUYER CREDIT FOR DISTRICT OF COLUMBIA.— Paragraph (4) of section 1400C(e) of such Code which causes a decrease in the ability of af- livelihoods to benefit from such minerals. is amended by inserting ‘‘(December 1, 2010, fected communities to resist control by ille- (11) Metals derived from columbite-tanta- in the case of a purchase subject to section gal armed forces and a loss of community ac- lite, cassiterite, wolframite, and gold from 36(h)(2))’’ after ‘‘December 1, 2009’’. cess to minerals. Sexual violence and rape the Democratic Republic of Congo are used affect hundreds of thousands of women and in diverse technological products sold world- (c) EFFECTIVE DATE.—The amendments girls, frequently resulting in traumatic fis- wide, including mobile telephones, laptop made by this section shall apply to resi- tula, other severe genital injuries, and long- computers, and digital video recorders. dences purchased after November 30, 2009. term psychological trauma. (12) In February 2009, the Electronic Indus- SEC. ll. EXCLUSION FROM GROSS INCOME OF (5) A report released by the Government try Citizenship Coalition and the Global e- QUALIFIED MILITARY BASE RE- Accountability Office in December 2007 de- Sustainability Initiative released a state- ALIGNMENT AND CLOSURE FRINGE. scribes how the mismanagement and illicit ment asserting that— (a) IN GENERAL.—Subsection (n) of section trade of extractive resources from the Demo- (A) use by the information communica- 132 of the Internal Revenue Code of 1986 is cratic Republic of Congo supports conflict tions technology industry of mined commod- amended— between militias and armed domestic fac- ities that support conflict in such countries (1) in subparagraph (1) by striking ‘‘this tions in neighboring countries. as the Democratic Republic of Congo is unac- subsection) to offset the adverse effects on (6) In October 2002, the United Nations ceptable; and housing values as a result of a military base Group of Experts on the Democratic Repub- (B) electronics companies can and should realignment or closure’’ and inserting ‘‘the lic of Congo called on member states of the uphold responsible practices in their oper- American Recovery and Reinvestment Tax United Nations to adopt measures, con- ations and work with suppliers to meet so- Act of 2009)’’, and sistent with the guidelines established for cial and environmental standards with re- (2) in subparagraph (2) by striking ‘‘clause multinational enterprises by the Organiza- spect to the raw materials used in the manu- (1) of’’. tion for Economic Co-operation and Develop- facture of their products. (b) EFFECTIVE DATE.—The amendments ment, to ensure that enterprises in their ju- (13) Notwithstanding the extensiveness of made by this act shall apply to payments risdiction do not abuse principles of conduct the supply chains of technological products made after February 17, 2009. that they have adopted as a matter of law. and the extensiveness of the processing

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stages for the metals derived from colum- Republic of Congo in their December 2008 re- (f) ANNUAL ORGANIZATION FOR ECONOMIC CO- bite-tantalite, cassiterite, wolframite, and port, work with other member states of the OPERATION AND DEVELOPMENT INVESTMENT gold used in such products, companies that United Nations and local and international COMMITTEE REPORT.—In preparing the United create and sell products that include such nongovernmental organizations— States’ annual report to the Organization for metals have the ability to influence the situ- (A) to produce a map of mineral-rich zones Economic Co-operation and Development In- ation in the Democratic Republic of Congo and armed groups in the eastern region of vestment Committee, the Secretary of State by— the Democratic Republic of Congo; and shall include a description of efforts by the (A) exercising due diligence in ensuring (B) to make such map available to the pub- United States to ensure, consistent with the that their suppliers provide raw materials in lic. Organization for Economic Co-operation and a manner that does not— (2) UPDATES.—The Secretary of State shall Development Guidelines for Multinational (i) directly finance armed conflict; update the map required by paragraph (1) not Enterprises, that enterprises under United (ii) result in labor or human rights viola- less frequently than once every 180 days States jurisdiction are exercising due dili- tions; or until the Secretary of State certifies that no gence to ensure that their purchases of min- (iii) damage the environment; armed party to any ongoing armed conflict erals or metals are not originating from (B) verifying— in the Democratic Republic of Congo or any mines and trading routes that are used to fi- (i) the country from which the minerals other country is involved in the mining, sale, nance or benefit illegal armed groups in the used to derive such metals originate; or export of columbite-tantalite, cassiterite, Democratic Republic of Congo. (ii) the identity of the exporter of the min- wolframite, or gold, or the control thereof, (g) AUTHORIZATION OF APPROPRIATIONS.— erals; and or derives benefits from such activities. There is authorized to be appropriated to the (iii) that all appropriate tax payments are (c) GUIDANCE FOR COMMERCIAL ENTITIES.— Secretary of State for fiscal year 2010 such made; and The Secretary of State shall, consistent with sums as may be necessary for the Secretary the recommendation from the United Na- (C) committing to support mineral export- to carry out the provisions of this section. ers from the Democratic Republic of Congo tions Group of Experts on the Democratic who— Republic of Congo in their December 2008 re- (h) DEFINITIONS.—In this section: (i) fully disclose their export payments; port, work with other member states of the (1) APPROPRIATE CONGRESSIONAL COMMIT- and United Nations and local and international TEES.—The term ‘‘appropriate congressional (ii) certify that their minerals do not— nongovernmental organizations to provide committees’’ means— (I) directly finance armed conflict; guidance to commercial entities seeking to (A) the Committee on Appropriations, the (II) result in labor or human rights viola- exercise due diligence on their suppliers to Committee on Foreign Relations, and the tions; or ensure that the raw materials used in their Committee on Banking, Housing, and Urban (III) damage the environment. products do not— Affairs of the Senate; and (1) directly finance armed conflict; (B) the Committee on Appropriations, the SEC. 602. STATEMENT OF POLICY. Committee on Foreign Affairs, and the Com- It is the policy of the United States, as af- (2) result in labor or human rights viola- firmed by the Democratic Republic of Congo tions; or mittee on Financial Services of the House of Relief, Security, and Development Pro- (3) damage the environment. Representatives. (d) STRATEGY.— motion Act of 2006 (Public Law 109–456; 22 (2) HUMAN RIGHTS REPORTS.—The term (1) IN GENERAL.—Not later than 180 days U.S.C. 2151 note) and consistent with United ‘‘Human Rights Reports’’ means all reports after the date of the enactment of this Act, Nations Security Council Resolution 1857 submitted by the Secretary of State to Con- (2008), to promote peace and security in the the Secretary of State shall, working with gress under sections 116 and 502B of the For- eastern Democratic Republic of Congo by the Administrator of the United States eign Assistance Act of 1961 (22 U.S.C. 2151n supporting efforts of the Government of the Agency for International Development, sub- and 2304). mit to the appropriate congressional com- Democratic Republic of Congo, other govern- SEC. 604. DISCLOSURE TO SECURITIES AND EX- ments in the Great Lakes Region of Africa, mittees a strategy to address the linkages CHANGE COMMISSION OF ACTIVI- and the international community— that exist between human rights abuses, TIES RELATING TO COLUMBITE-TAN- (1) to monitor and stop commercial activi- armed groups, and the mining of columbite- TALITE, CASSITERITE, AND WOLF- ties involving the natural resources of the tantalite, cassiterite, wolframite, and gold RAMITE INDUSTRIES. Democratic Republic of Congo that con- in the Democratic Republic of Congo. Section 13 of the Securities Exchange Act tribute to illegal armed groups and human (2) CONTENTS.—The strategy required by of 1934 (15 U.S.C. 78m) is amended by adding rights violations in the Democratic Republic paragraph (1) shall include the following: at the end the following new subsection: (A) A plan to assist the Government of the of Congo; and ‘‘(m) DISCLOSURE TO COMMISSION OF ACTIVI- (2) to develop stronger governance and eco- Democratic Republic of Congo and other governments in the region in establishing and TIES RELATING TO COLUMBITE-TANTALITE, nomic institutions that can facilitate and CASSITERITE, AND WOLFRAMITE INDUSTRIES.— improve transparency in the cross-border effectively implementing the necessary frameworks and institutions to formalize ‘‘(1) IN GENERAL.—Not later than 180 days trade involving the natural resources of the after the date of enactment of this sub- Democratic Republic of Congo in order to re- and improve transparency in the trade of columbite-tantalite, cassiterite, wolframite, section, the Commission shall promulgate duce exploitation by illegal armed groups rules requiring any person described in para- and promote local and regional development. and gold. (B) An outline of assistance currently graph (2)— SEC. 603. INVESTIGATION, REPORTS, AND STRAT- being provided and an assessment of future ‘‘(A) to disclose annually to the Commis- EGY REGARDING COLUMBITE-TAN- sion the country of origin of columbite-tan- TALITE, CASSITERITE, WOLFRAMITE, assistance that could be provided by the GOLD, AND HUMAN RIGHTS ABUSES Government of the United States to help the talite, cassiterite, or wolframite related to IN THE DEMOCRATIC REPUBLIC OF Government of the Democratic Republic of any of the activities described in paragraph CONGO. Congo strengthen the management and ex- (3); (a) SUPPORT OF MANDATE OF UNITED NA- port of natural resources in the eastern re- ‘‘(B) if disclosure is required under sub- TIONS GROUP OF EXPERTS ON THE DEMOCRATIC gion of the Democratic Republic of Congo. paragraph (A) and the country of origin dis- REPUBLIC OF CONGO.—The President, acting (C) A description of punitive measures that closed under subparagraph (A) is the Demo- through the Secretary of State, the United could be taken against individuals or enti- cratic Republic of Congo or an adjoining States Permanent Representative to the ties whose commercial activities are sup- country, to disclose annually to the Commis- United Nations, and other appropriate porting illegal armed groups and human sion the mine of origin of such columbite- United States Government officials, shall rights violations in eastern Democratic Re- tantalite, cassiterite, and wolframite; and use the voice and vote of the United States public of Congo. ‘‘(C) if disclosure is required under sub- at the United Nations Security Council to (e) ANNUAL HUMAN RIGHTS REPORTS.—In paragraph (A) or subparagraph (B) for colum- renew the mandate and strengthen the ca- preparing those portions of the annual Coun- bite-tantalite, cassiterite, or wolframite, to pacity of the United Nations Group of Ex- try Reports on Human Rights Practices re- submit along with such disclosure an inde- perts on the Democratic Republic of Congo lating to the Democratic Republic of Congo pendent audit of the supply chain of such co- to investigate links between natural re- or countries that share a border with the lumbite-tantalite, cassiterite, or wolframite sources and the financing of illegal armed Democratic Republic of Congo, the Secretary to ensure that such disclosure is accurate. groups, and ensure that the Group of Ex- of State shall ensure that such reports in- ‘‘(2) PERSON DESCRIBED.—A person is de- perts’ recommendations are given serious clude a description of any instances or pat- scribed in this paragraph if the person— consideration. terns of practice that indicate that the ex- ‘‘(A) is required to file reports to the Com- (b) MAP OF MINERAL-RICH ZONES AND traction and cross-border trade in columbite- mission under subsection (a); and ARMED GROUPS IN DEMOCRATIC REPUBLIC OF tantalite, cassiterite, wolframite, or gold has ‘‘(B) either— CONGO.— negatively affected human rights conditions ‘‘(i) engages in activities described in para- (1) IN GENERAL.—Not later than 120 days or supported specific human rights viola- graph (3); or after the date of the enactment of this Act, tions, sexual or gender-based violence, or ‘‘(ii) controls a person that engages in ac- the Secretary of State shall, consistent with labor abuses in the eastern region of the tivities described in paragraph (3). the recommendation from the United Na- Democratic Republic of Congo, during the ‘‘(3) ACTIVITIES DESCRIBED.—An activity de- tions Group of Experts on the Democratic period covered by each report. scribed in this paragraph is—

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SENSE OF CONGRESS ON ASSISTANCE such minerals, or components that include FOR AFFECTED COMMUNITIES AND AUTHORITY FOR COMMITTEES TO derivatives of such minerals in the manufac- SUSTAINABLE LIVELIHOODS. MEET ture of a product for sale. (a) SENSE OF CONGRESS ON ASSISTANCE FOR COMMITTEE ON COMMERCE, SCIENCE, AND ‘‘(4) REVISIONS AND WAIVERS.—The Commis- AFFECTED COMMUNITIES.—It is the sense of TRANSPORTATION sion may revise or temporarily waive the re- Congress that the Administrator of the quirements described in paragraph (1) if the United States Agency for International De- Mr. CARDIN. Mr. President, I ask Commission determines that such revision or velopment should expand and better coordi- unanimous consent that the Com- waiver is— nate programs to assist and empower committee on Commerce, Science, and ‘‘(A) necessary for the protection of inves- munities in the eastern Democratic Republic Transportation be authorized to meet tors; and of Congo whose livelihoods depend on the during the session of the Senate on Oc- ‘‘(B) in the public interest. mineral trade, particularly— tober 27, 2009, at 2:30 p.m. in room 253 of ‘‘(5) TERMINATION OF DISCLOSURE REQUIRE- (1) communities affected by sexual and the Russell Senate Office Building. MENTS.—The disclosure requirements of this gender-based violence; and subsection shall terminate if the President— (2) individuals displaced by violence. The PRESIDING OFFICER. Without ‘‘(A) determines that— (b) SENSE OF CONGRESS ON FUTURE YEAR objection, it is so ordered. ‘‘(i) no armed party to any ongoing armed FUNDING.—It is the sense of Congress that COMMITTEE ON COMMERCE, SCIENCE, AND conflict in the Democratic Republic of Congo the Secretary of State and the Adminis- TRANSPORTATION or any other country— trator should work with the appropriate con- Mr. CARDIN. Mr. President, I ask ‘‘(I) is involved in an activity described in gressional committees to increase assistance paragraph (3)(A) with respect to columbite- unanimous consent that the Com- in fiscal years beginning after fiscal year mittee on Commerce, Science, and tantalite, cassiterite, or wolframite; or 2009 for communities affected by violence in ‘‘(II) derives benefits from such activity; or the Democratic Republic of Congo, specifi- Transportation be authorized to meet ‘‘(ii) a regional framework has been estab- cally— during the session of the Senate on Oc- lished and effectively implemented to mon- (1) to provide medical treatment, psycho- tober 27, 2009, at 2:15 p.m. itor and regulate the activities described in logical support, and rehabilitation assist- The PRESIDING OFFICER. Without paragraph (3)(A) with respect to columbite- ance for survivors of sexual and gender-based objection, it is so ordered. tantalite, cassiterite, or wolframite in the violence; COMMITTEE ON ENVIRONMENT AND PUBLIC Democratic Republic of Congo so that such (2) to provide humanitarian relief and WORKS activities do not finance or benefit illegal basic services to people displaced by vio- armed groups; and lence; Mr. CARDIN. Mr. President, I ask ‘‘(B) notifies the Commission of the deter- (3) to improve living conditions and liveli- unanimous consent that the Com- mination under subparagraph (A). hood prospects for artisanal miners and mine mittee on Environment and Public ‘‘(6) AUTHORIZATION OF APPROPRIATIONS.— workers; and Works be authorized to meet during There is authorized to be appropriated to the (4) to alleviate poverty by reconstructing Commission for fiscal year 2010 such sums as the session of the Senate on October 27, infrastructure and revitalizing agricultural may be necessary for the Commission to 2009, at 9:30 a.m. in Room 406 of the production. carry out the provisions of this subsection. Dirksen Senate Office Building to hold (c) SENSE OF CONGRESS ON COORDINATION OF ‘‘(7) DEFINITIONS.—In this subsection, the a hearing entitled, ‘‘Legislative Hear- ASSISTANCE.—It is the sense of Congress that following definitions shall apply: the United States should work with other ing on S. 1733, Clean Energy Jobs and ‘‘(A) ADJOINING COUNTRY.—The term ‘ad- countries, on a bilateral and multilateral American Power Act.’’ joining country’, with respect to the Demo- The PRESIDING OFFICER. Without cratic Republic of Congo, means a country basis— that shares an internationally recognized (1) to increase protection and services for objection, it is so ordered. border with the Democratic Republic of communities in the eastern Democratic Re- SELECT COMMITTEE ON INTELLIGENCE Congo. public of Congo at risk of human rights vio- Mr. CARDIN. Mr. President, I ask ‘‘(B) CONTROL.—The term ‘control’ means— lations associated with the mineral trade, particularly women and girls; unanimous consent that the Select ‘‘(i) in the case of a corporation, ownership Committee on Intelligence be author- of at least 50 percent of the voting stock of (2) to strengthen the management and the corporation; and trade of natural resources in the Democratic ized to meet during the session of the ‘‘(ii) in the case of any other entity, owner- Republic of Congo; and Senate on October 27, 2009, at 2:30 p.m. ship of interests representing at least 50 per- (3) to improve the conditions and liveli- The PRESIDING OFFICER. Without cent of the voting capital of the entity. hood prospects of artisan miners and mine objection, it is so ordered. workers. ‘‘(C) FOREIGN PERSON.—The term ‘foreign SUBCOMMITTEE ON DOMESTIC AND FOREIGN person’ means a person— SEC. 606. REPORT. MARKETING, INSPECTION AND PLANT AND ANI- ‘‘(i) in the case of an individual, who is an Not later than 2 years after the date of the MAL HEALTH AND THE SUBCOMMITTEE ON alien as such term is defined in section 101(a) enactment of this Act, the Comptroller Gen- PRODUCTION, INCOME PROTECTION, AND PRICE of the Immigration and Nationality Act (8 eral of the United States shall submit to SUPPORT U.S.C. 1101(a)); or Congress a report that includes the fol- Mr. CARDIN. Mr. President, I ask ‘‘(ii) in the case of a partnership, corpora- lowing: tion, or other entity, that is organized under (1) An assessment of the effectiveness of unanimous consent that the Com- the laws of a foreign country or that has its the provisions of this Act and section 13(m) mittee on Agriculture, Nutrition and principal place of business in a foreign coun- of the Securities Exchange Act of 1934 (15 Forestry, Subcommittee on Domestic try. U.S.C. 78m(m)), as added by section 5, in pro- and Foreign Marketing, Inspection and ‘‘(D) PERSON.—The term ‘person’ has the moting peace and security in accordance Plant and Animal Health and the Sub- meaning given the term in section 3(a) but with section 3. committee on Production, Income Pro- does not include— (2) A description of the problems, if any, tection, and Price Support, be author- ‘‘(i) any foreign nongovernmental organi- encountered by the President, officials de- ized to meet during the session of the zation that— scribed in section 4(a), the Securities and Ex- ‘‘(I) has consultative status with the change Commission, and the Administrator Senate on October 27, 2009, at 2:30 p.m. United Nations Economic and Social Coun- of the United States Agency for Inter- in room 216 of the Hart Senate Office cil; or national Development in carrying out the Building. ‘‘(II) has been accredited by a department provisions of this Act and such section 13(m). The PRESIDING OFFICER. Without or specialized agency of the United Nations; (3) A description of the adverse impacts of objection, it is so ordered. or carrying out the provisions of this Act and f ‘‘(ii) a foreign person whose business ac- such section 13(m), if any, on communities in tivities are strictly limited to providing the eastern Democratic Republic of Congo. PRIVILEGES OF THE FLOOR goods and services that are— (4) Recommendations for legislative or reg- Mr. CARDIN. Mr. President, I ask ‘‘(I) intended to relieve human suffering; ulatory actions that can be taken— ‘‘(II) intended to promote welfare, health, (A) to improve the effectiveness of the pro- unanimous consent that privileges of religious, or spiritual activities; visions of this Act and such section 13(m) to the floor be granted to the following ‘‘(III) used for educational or humanitarian promote peace and security in accordance member of my staff during the pend- purposes; with section 3; ency of this nomination: Troy Ware.

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Mr. President, I ask now proceed to the consideration of S. unanimous consent that the resolution f Res. 324, which was submitted earlier be agreed to, the preamble be agreed ORDERS FOR WEDNESDAY, today. to, the motions to reconsider be laid OCTOBER 28, 2009 The PRESIDING OFFICER. The upon the table, with no intervening ac- clerk will report. tion or debate, and that any state- Mrs. SHAHEEN. Mr. President, I ask The legislative clerk read as follows: ments related to the resolution be unanimous consent that when the Sen- A resolution (S. Res. 324) designating No- printed in the RECORD. ate completes its business today, it ad- vember 1, 2009, as ‘‘National Hemangioma The PRESIDING OFFICER. Without journ until 9:30 a.m. tomorrow, Treatment Awareness Day.’’ objection, it is so ordered. Wednesday, October 28; that following There being no objection, the Senate The resolution (S. Res. 325) was the prayer and pledge, the Journal of proceeded to consider the resolution. agreed to. proceedings be approved to date, the Mrs. SHAHEEN. Mr. President, I ask The preamble was agreed to. morning hour be deemed expired, the unanimous consent that the resolution The resolution, with its preamble, time for the two leaders be reserved for be agreed to, the preamble be agreed reads as follows: their use later in the day, and the Sen- to, and the motions to reconsider be ate then proceed to a period for the S. RES. 325 laid upon the table. transaction of morning business for 2 The PRESIDING OFFICER. Without Whereas for almost 470 years the United hours, with Senators permitted to States has benefitted from the work of His- objection, it is so ordered. speak therein for up to 10 minutes The resolution (S. Res. 324) was panic writers and publishers; Whereas there are over 800 Hispanic news- each, with the time equally divided and agreed to. controlled between the two leaders or The preamble was agreed to. papers with a circulation of 17,800,000, and over 550 Hispanic magazines with a circula- their designees, with the majority con- The resolution, with its preamble, tion of 31,600,000; trolling the first half and the Repub- reads as follows: Whereas Hispanic television and radio pro- licans controlling the final half; that S. RES. 324 grams respond to the bilingual needs of the following morning business, the Senate Whereas hemangiomas are the most com- United States Latino population; resume consideration of the motion to mon benign tumors that occur in infancy; Whereas market research estimates that Whereas hemangiomas appear at birth, or the reach of Spanish language television is proceed to H.R. 3548, the Unemploy- within the first several months of life; nearly universal; ment Compensation Extension Act of Whereas, each year, approximately 400,000 Whereas 1 in 8 Americans is served by a 2009, postcloture; and that time during children in the United States are born with Hispanic publication throughout the Nation; any period of morning business, recess hemangiomas and other vascular anomalies; Whereas the Latino print media generated or adjournment count postcloture. Whereas hemangiomas and other vascular $1,400,000,000 in revenue last year, despite ad- The PRESIDING OFFICER. Without anomalies can have a negative effect on the verse economic conditions; objection, it is so ordered. emotional development of a child; Whereas the Hispanic press informs many Whereas awareness of the impact of Americans about significant political, eco- f hemangiomas and vascular anomalies on nomic, and social issues of our day; children, their families, and society will lead Whereas the Hispanic press in the United PROGRAM States focuses in particular on informing to improvements in the care of children with Mrs. SHAHEEN. Mr. President, clo- hemangiomas; and promoting the well being of our coun- Whereas the National Institutes of Health try’s Hispanic community; and ture was invoked on the motion to pro- supports research on the treatment of, and Whereas commemorating the achieve- ceed to the unemployment extension cure for, hemangiomas and other vascular ments of the Hispanic press acknowledges legislation. It is my hope that some of anomalies; the important role the Hispanic press has the postcloture debate time can be Whereas The Hemangioma Treatment played in United States history: Now, there- yielded back and that we can proceed Foundation has the unique mission of pro- fore, be it to the bill tomorrow. viding treatment to children affected with Resolved, That the Senate— hemangiomas and other vascular anomalies; (1) designates October 25 through October f and 31, 2009, as ‘‘National Hispanic Media Week’’ Whereas The Hemangioma Treatment in honor of the Latino Media of America; and ADJOURNMENT UNTIL 9:30 A.M. Foundation is dedicated to finding a cure for (2) encourages the people of the United TOMORROW hemangiomas and other vascular anomalies: States to observe the week with appropriate Now, therefore, be it programs and activities. Mrs. SHAHEEN. Mr. President, if there is no further business to come be- Resolved, That the Senate— f (1) designates November 1, 2009, as ‘‘Na- fore the Senate, I ask unanimous con- tional Hemangioma Treatment Awareness APPOINTMENT sent that it adjourn under the previous Day’’; and The PRESIDING OFFICER. The order. (2) respectfully requests that the Secretary Chair, on behalf of the President pro There being no objection, the Senate, of Senate transmit a copy of this resolution at 7:10 p.m., adjourned until Wednes- to The Hemangioma Treatment Foundation. tempore, pursuant to Public Law 99– 498, as amended by Public Law 110–315, day, October 28, 2009, at 9:30 a.m. f appoints the following individuals to f NATIONAL HISPANIC MEDIA WEEK the Advisory Committee on Student Mrs. SHAHEEN. Mr. President, I ask Financial Assistance: David Gruen of CONFIRMATION Wyoming and William Luckey of Ken- unanimous consent that the Senate Executive nomination confirmed by tucky. proceed to the immediate consider- the Senate Tuesday, October 27, 2009: ation of S. Res. 325, which was sub- Mrs. SHAHEEN. Mr. President, I sug- THE JUDICIARY mitted earlier today. gest the absence of a quorum. The PRESIDING OFFICER. The The PRESIDING OFFICER. The IRENE CORNELIA BERGER, OF WEST VIRGINIA, TO BE UNITED STATES DISTRICT JUDGE FOR THE SOUTHERN clerk will report. clerk will call the roll. DISTRICT OF WEST VIRGINIA.

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SUPPORTING THE GOALS AND The mission of NYOF, which arose from on March 27, 2009, ending her 60-year affili- IDEALS OF NATIONAL DOMESTIC Murray’s vision, is to ‘‘transform the lives of ation with the college, from which she had VIOLENCE AWARENESS MONTH impoverished Nepalese children by providing graduated in 1951. At the time of her death, them with what should be every child’s birth- she was in her 6th year as Provincial Prioress SPEECH OF right—education, housing, medical care, and of the Eastern Province of the Ursulines of the HON. LAURA RICHARDSON loving support.’’ Inspired by these compelling Roman Union, the order of Roman Catholic words, NYOF’s programs include homes for OF CALIFORNIA nuns that she had entered in 1952. neglected and abandoned children, education IN THE HOUSE OF REPRESENTATIVES Sister Dorothy Ann started her 25-year ten- programs and scholarships from grade school ure as CNR president in the early 1970s, at a Monday, October 26, 2009 through graduate school, and even random time when many all-women’s colleges across acts of kindness. Ms. RICHARDSON. Mr. Speaker, I rise in the country were foundering. She gave new But Murray may be best known for her inno- strong support of H. Res. 817, which supports life to CNR by establishing its School of New the goals and ideals of Domestic Violence vative Indentured Daughters program which frees young girls from servitude. Among Tharu Resources to educate adult students on six Awareness Month and expresses the sense of branch campuses in urban New York City the House of Representatives that Congress farmers, families in poverty sell their girls as young as 6 years old to serve in bondage to neighborhoods. A commuter student from the should raise awareness of domestic violence Bronx, who had attended CNR on a scholar- issues and support programs designed to end higher-caste families around the country where they perform menial labor under difficult ship, Sister Dorothy Ann saw the School of domestic violence. New Resources as furthering the original mis- Twenty-two years ago, the first Domestic Vi- conditions and are sometimes beaten and forced into prostitution. Often, the parents be- sion of the college to make higher education olence Awareness Month was observed and more accessible to those who weren’t being since 1989 legislation designating October as lieve their daughters will actually be better off. well served. Two other schools were also es- National Violence Awareness Month has Although the practice is now illegal, the prohi- tablished at CNR during her presidency—the passed every year. Domestic violence affects bition is not enforced. School of Nursing and the Graduate School— people of every age, race, ethnicity, religion, Murray’s solution is to offer the parents a earning her the unofficial title as ‘‘second and gender. Women are most disproportion- pig or goat in exchange for not selling their founder’’ of the college. ately affected and nearly one in four women daughters as the animal is worth more if bred will experience domestic violence during her or butchered. She also pays the daughters’ Her immeasurable talents as an effective, lifetime. Every single day in the United States, $100 per year school expenses and has fund- inspiring, tenacious and energetic leader soon more than three women are murdered by their ed construction of 36 classrooms to accommo- brought her expanded roles in higher edu- significant other. Young women ages 16 to 24 date them. Murray has saved thousands of cation. In 1978, she was named the first experience the highest rates of intimate part- young girls this way and inspired Nepalese woman chair of the Commission of Inde- ner violence. Every year, over 15 million chil- charities to follow her lead in saving even pendent Colleges and Universities of the State dren are exposed to domestic violence and more. of New York, and 9 years later, became the these children are more likely to abuse alcohol Murray is a prodigious fundraiser for NYOF, first woman chair of the National Association and drugs, attempt suicide, and become in- recognized as one of the most effective orga- of Colleges and Universities. nizations of its kind. However, it is her per- volved in teenage prostitution. These statistics Sister Dorothy Ann’s influence and impact are sobering. sonal passion and loving joy for her work and the people of Nepal that are the secret of her were also felt in other arenas, on the local, na- In a struggling economy, domestic violence tional and even international scene. In 1974, programs are needed more than ever. Earlier success. She has received numerous prestigious awards including Unsung Heroes of she became one of the first members of the this year marked the 15th anniversary of the Executive Committee of the Inter-Religious passage of the Federal Violence Against Compassion from the Dalai Lama, a medal from the King of Nepal, the Mannington Stand Council of New Rochelle, and maintained that Women Act; however, more work must be association until her death. Shortly thereafter, done to protect victims of domestic violence. on a Better World Award, and the St. Vincent de Paul Society Frank Brennan Award for Out- convinced that the violence in northern Ireland In my home State of California, cuts in state had to be stopped, she not only hosted Nobel financing have led to elimination of funding for standing Service to the Poor. Madam Speaker, I admire Ms. Murray’s Peace Prize winners Mairead Corrigan shelter services. This has translated to cuts in commitment to creating opportunities for the Maguire and Betty Williams several times at services and fewer victims being served. Ulti- children of Nepal. The children of the world the college, but also served as the first presi- mately, this sends a message that victims of are our future, and we can be inspired by peo- dent of a New York-based group formed to fi- domestic abuse are not a priority to our State. ple like Olga to make this world a better place. nance the Northern Ireland Peace People. Mr. Speaker, I ask my colleagues to join me f And in 1995, she was appointed by President in supporting the goals and ideals of Domestic Bill Clinton as a member of the official U.S. Violence Awareness Month. TRIBUTE TO SISTER DOROTHY Delegation to the United Nations Fourth World f ANN KELLY Conference on Women in Beijing. HONORING OLGA MURRAY Her achievements and contributions to nu- HON. NITA M. LOWEY merous organizations and causes won her OF NEW YORK wide recognition, with honors including induc- HON. LYNN C. WOOLSEY IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA tion into the Westchester County Women’s Tuesday, October 27, 2009 IN THE HOUSE OF REPRESENTATIVES Hall of Fame and honorary degrees from six Mrs. LOWEY. Madam Speaker, I rise to pay U.S. colleges and universities. But far more Tuesday, October 27, 2009 tribute to Sister Dorothy Ann Kelly, OSU, meaningful and lasting are the heartfelt trib- Ms. WOOLSEY. Madam Speaker, I rise whose extraordinary life of service as an edu- utes from the thousands whose lives she today to honor Olga Murray of Sausalito, Cali- cational leader and visionary, a champion for touched—and improved—through her land- fornia, for her commitment to helping destitute social justice and interfaith understanding, and mark efforts to expand educational opportuni- children in one of the poorest countries of the a mentor to thousands of women and men will ties and increase understanding among peo- world. In 1984, at the age of 60, Ms. Murray be celebrated by the Alumnae/i Association of ples of all faiths, races and cultural back- founded the Nepal Youth Opportunity Founda- the College of New Rochelle on Saturday, No- grounds. I urge you to join me in honoring Sis- tion, NYOF, which assists thousands of chil- vember 7, 2009. ter Dorothy Ann Kelly’s remarkable legacy of dren through programs operated by the Nepa- Sister Dorothy Ann, the 11th president of service and commitment to making this a bet- lese themselves. the College of New Rochelle, died suddenly ter world.

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

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.001 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2638 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2009 PERSONAL EXPLANATION Turkey, Syria, and Iraq, responding to the He was preceded in death by five brothers water crisis, met earlier this month in Ankara and sisters. HON. RON KLEIN to discuss a solution. But little has been Calling hours will be from 5 to 8 p.m. OF FLORIDA achieved so far—neither Turkey nor Syria has Wednesday at McClurkin Funeral Home, Gi- IN THE HOUSE OF REPRESENTATIVES been particularly sympathetic to Iraq, espe- rard. cially since each faces its own water shortage. A Mass of Christian Burial will be held at 11 Tuesday, October 27, 2009 The difficulty of reaching an agreement un- a.m. Thursday at St. Rose Church with pray- Mr. KLEIN of Florida. Madam Speaker, I derscores the unique diplomatic challenge ers at 10:30 at the funeral home. rise today to submit a record of how I would posed by water politics. River water cannot Interment will be at Girard City Cemetery. have voted on October 26, 2009. Had I voted, belong to only one country because it flows f I would have voted ‘‘yea’’ on rollcall No. 814 between many countries. This is complicated and ‘‘aye’’ on rollcall No. 815. by the fact that water flows in only one direc- RECOGNIZING MICHAEL P. SUL- f tion, and that upstream countries affect water LIVAN AS THE CHAUTAUQUA levels downstream, but not vice versa. LEADERSHIP NETWORK’S 2009 WATER POLITICS IN THE MIDDLE Turkey, for example, which controls the LEADERSHIP AWARD RECIPIENT EAST headwaters of both the Tigris and the Euphra- tes, can control water flows to downstream HON. BRIAN HIGGINS HON. MIKE QUIGLEY countries, such as Syria and Iraq. Syria and OF NEW YORK OF ILLINOIS Iraq begin any water negotiation with Turkey IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES at an a priori disadvantage. But without great- Tuesday, October 27, 2009 Tuesday, October 27, 2009 er Turkish cooperation, water shortages could Mr. HIGGINS. Madam Speaker, it is my Mr. QUIGLEY. Madam Speaker, I rise today spell disaster for Syrian and Iraqi agriculture, pleasure today to recognize my friend, Michael because a water crisis threatens to destabilize and spillover effects could destabilize the re- P. Sullivan, the Director of Institution Relations Iraq and the entire Middle East. gion. and Public Affairs at Chautauqua Institution, Iraqi leaders warn that disaster areas suf- The planned Ilisu dam, to be built on the as the recipient of Chautauqua Leadership fering from the water crisis, like Basra, provide Turkish part of the Tigris, is especially con- Network’s 2009 Leadership Award. a breeding ground for insurgents. troversial in Iraq, which has already accused The Chautauqua Leadership Network’s mis- Refugees fleeing the water crisis have de- Turkey of choking the Euphrates with hydro- sion is to identify and nurture regional leaders. serted their homes and constitute the biggest electric dams. They provide a framework for an emerging movement of Iraqi refugees since the Iran war Some Iraqi leaders even suggest that water network of skilled civic trustees and help the of the 1980s. The Iraqi military has had to in- is being used as a weapon against Iraq and community to meet the challenges of today tervene, and it’s only a matter of time before threaten war. and the opportunities of tomorrow. the water crisis becomes a security crisis that Tayseer al Mashadani, an Iraqi member of The Chautauqua Leadership Network’s imperils regional peace. parliament, warns that ‘‘Iraq’s water crisis . . . Just how serious is this water crisis? could lead us into war with one of our neigh- Leadership Award is given to the person The Euphrates River, which once supported bors. The new war on Iraq is a war of water.’’ whose activities have done the most to further empires in the cradle of civilization, is now But, before we accept the inevitability of war, the mission of the Chautauqua Leadership barely fit for human use. In some areas it’s ‘‘A we should reflect on words from the late Sen- Network; and there is no question that Mr. slick black ooze, fit only for scores of bathing ator Simon: ‘‘Water,’’ he said ‘‘can be a cata- Sullivan is a commendable choice. His profes- water buffalo.’’ In other areas, salinity levels lyst for war and can also create peace be- sional undertakings have had a profoundly have risen so high that towns have been tween nations.’’ positive effect on Chautauqua County. evacuated, their citizens unable to drink the In the Middle East we have an extraordinary Since 1998, Mr. Sullivan has been respon- fetid water. opportunity to make cooperative water sharing sible for all marketing, public relations, and In Basra, for example, low water levels in serve the cause of peace. communication activities for the Chautauqua the Tigris and Euphrates have brought salt Our voice carries a lot of weight in the re- Institution. He previously worked as Director of water rushing in the from the Persian Gulf. gion, and we should use that weight to sup- Public Relations and Marketing at Highland Rising salinity levels threaten the viability of port a water sharing agreement between Iraq, Hospital in Rochester. As a member of the local agriculture so much that Amer Suleiman, Turkey, Iran, and Syria. Public Relations Society of America, Mr. Sul- Basra’s agriculture director, will soon declare The consequences of failure are too great. livan earned his APR (Accredited in Public Re- Basra a ‘‘disaster area’’ and warns that ‘‘if f lations) and served as president of the Roch- things continue to deteriorate there is no hope ester Chapter of Delegates to the PRSA Na- IN MEMORY OF MR. JOSEPH A. for Basra to recover.’’ tional Assembly. MANENTE What can be done about Iraq’s water crisis? I would like to congratulate Mike for achiev- What can be done to replenish the Tigris and ing this honor. I am pleased and honored to Euphrates? HON. TIM RYAN recognize Mr. Sullivan as the recipient of the The first solution is to reform Iraq’s careless OF OHIO Chautauqua Leadership Network’s 2009 Lead- water management system. IN THE HOUSE OF REPRESENTATIVES ership Award. This award honors Michael’s years of guidance, leadership, and devotion to Nibras al Mamouri, a professor of water re- Tuesday, October 27, 2009 sources at Baghdad’s College of Agriculture, not only the Institution, but Chautauqua Coun- says ‘‘poor irrigation techniques and a lack of Mr. RYAN of Ohio. Madam Speaker, it is ty as well. incentives to stop wasting so much water’’ are with deep sadness that I inform the House of f partly to blame for the current shortage. the death of Mr. Joseph A. Manente of Girard, The second solution, an international solu- Ohio. CONGRATULATING KRISTINE tion, reminds us that a water crisis in Iraq has GIRARD—Joseph A. Manente, 74, died WALTER AND DARREN ROSE consequences for the entire Middle East. Sunday, Sept. 20, 2009, at St. Elizabeth The Iraqi government, rightly or wrongly, Health Center in Youngstown. HON. GEORGE RADANOVICH has blamed the water crisis on its neighbors, He was born June 13, 1935, in Girard, a OF CALIFORNIA principally Turkey and Syria but also Iran. son of Carmen and Gabriella Carson IN THE HOUSE OF REPRESENTATIVES To resolve the water crisis, Iraq must nego- Manente. Tuesday, October 27, 2009 tiate a more equitable water sharing agree- He was a veteran of the U.S. Army and a ment— member of St. Rose Church, Girard. Mr. RADANOVICH. Madam Speaker, I rise (1) With Turkey, which controls the head- He retired from the Girard Post Office. today to congratulate and honor both Kristine waters of both rivers— He is survived by his wife, Betty Miller Walter and Darren Rose for their past and (2) With Syria, through which the rivers Manente; two children, Lisa Manente present role in Leadership Fresno. Kristine pass— Leschinsky of Girard and Greg of Hartford; Walter is the current chairman of this worthy, (3) And with Iran, which controls two other two brothers, Anthony Manente of Austintown community-building organization, and Darren rivers—the Karun and the Karkheh—that feed and Sam Manente of Mineral Ridge, and three Rose was elected the incoming chairman be- into the Faw Peninsula and Basra. grandchildren. ginning in July 2010.

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.004 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 27, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2639 The Leadership Fresno Steering Committee In addition to the team honors, six Wildcats pinos in Carson and the South Bay.’’ I am is comprised of alumni from previous Leader- were awarded All-American honors by the proud that the co-authors of this book are my ship Fresno classes. Kristine was president of Intercollegiate Women’s Lacrosse Coaches constituents, Mr. Florante Peter Ibanez, and Class 21, and Darren, District Director for Cali- Association (IWLCA) and U.S. Lacrosse. Han- his wife, Roselyn Estepa Ibanez. Florante is a fornia’s 19th Congressional District, is in Class nah Nielsen and Katrina Dowd were named to library manager at Loyola Law School and ad- 23. Leadership Fresno has provided a place the first team, while Hilary Bowen, Meredith junct professor at Loyola Marymount Univer- for community leaders to learn more about Frank and Danielle Spencer all earned sec- sity where he teaches a course entitled ‘‘The Fresno, network with other community-focused ond-team honors and goalkeeper Morgan Filipino American Experience.’’ Rose serves and concerned citizens, and offered innovative Lathrop was a third-team selection. as the board chair for the Filipino American Li- ways to work together to improve and change In addition to being successes on the ath- brary and works for the City of Los Angeles in the greater Fresno area for the better. letic field, this team is a success in the class- the Department of Neighborhood Empower- The vision and leadership provided by this room as well. Fourteen members of the team ment. noteworthy organization is influential and ef- were honored this year as being academic all- Their work, ‘‘Filipinos in Carson and the fective in building communities in Fresno. Big Ten honorees. The lacrosse team had 14 South Bay,’’ chronicles the rich history and Each year, Leadership Fresno coordinates a academic all-Big Ten honorees. And Senior significant contributions made by Filipino two-day retreat in August and continues build- Hilary Bowen was named ESPN the Magazine Americans to the City of Carson, the state of ing into the leadership class all year through Women’s At-Large Academic All-American of California, and the United States. It is an ex- the completion of the program the following the Year. tensively researched and meticulously docu- June. The program includes seminars and Lastly, while this team’s intelligence, athletic mented history of the Filipino experience. In projects, all leading to the improvement of prowess and determination are evident, I addition to the general population, students of community problems and concerns. would like to share a story that demonstrates history, political science, anthropology, soci- I am proud of the work done in the Fresno the team’s heart and commitment to their ology, and other academic disciplines will find area by Kristine Walter in her capacity as community. During the 5-year championship this work a welcome addition. I thank Florante chairman of the Leadership Fresno steering run, the Northwestern lacrosse team has Peter Ibanez and Roselyn Estepa Ibanez for committee, and I am excited to see the work made an enduring and lasting friendship with undertaking this enormous task and salute that Darren Rose will implement in the coming 10-year-old Jaclyn Murphy. The friendship year. Please join me in congratulating both of began as the Wildcats did what they could to their achievement. these exemplary community leaders. raise the spirits of a young girl diagnosed with Madam Speaker, October 2009 has been a brain tumor. Today, that friendship between f proclaimed Filipino American History Month in NU and Jaclyn continues to deepen. After my home state of California and the U.S. Sen- CONGRATULATING NORTH- seeing the impact the team had on his daugh- ate adopted a similar resolution earlier this WESTERN UNIVERSITY WOMEN’S ter, Jaclyn’s father Denis started the Friends month. It is my hope and expectation that the LACROSSE TEAM of Jaclyn Foundation, a non-profit organization House will act very soon and favorably on H. created to raise public awareness regarding Res. 155, a resolution I am proud to co-spon- SPEECH OF pediatric brain tumors. To date, over three sor. This resolution will put the House on HON. JANICE D. SCHAKOWSKY dozen collegiate and high school teams have record in strong support of observing October ‘‘adopted’’ children with brain tumors. as Filipino American History Month. OF ILLINOIS In conclusion Mr. Speaker, this team rep- IN THE HOUSE OF REPRESENTATIVES resents our nation’s ideal of what the student Madam Speaker, it is my honor and privilege to represent the people of the 37th Con- Monday, October 26, 2009 athlete should be. Not only are the members of this team fantastic athletes and steller stu- gressional District of California, which is one Ms. SCHAKOWSKY. Mr. Speaker, I rise dents, they are also wonderful people. I would of the most ethnically, culturally, and racially today in strong support of H. Res. 824, a reso- like to recognize all the team members: Bea diverse congressional districts in the country. lution I introduced to congratulate the North- Conley, Danielle Spencer, Shannon Smith, This is especially true of Carson, one of the western University women’s lacrosse team for Katrina Dowd, Rachel Fox, Kim Pantages, major cities in the district. Carson is comprised winning its fifth consecutive national cham- Erin Fitzgerald, Lizzie Abramson, Taylor of roughly equal populations of Hispanics, Afri- pionship. Thornton, Alexandra Frank, Lacey Vigmostad, can Americans, Caucasians, and Asian/Pacific Madam Speaker, the Northwestern Univer- Colleen Magarity, Samantha Suntulli, Ali Islanders. The majority of Asian Pacific Ameri- sity lacrosse team completed the 2009 season Cassera, Amanda Macaluso, Brooke Mat- cans are Filipinos who settled there as early with a record-setting 21–7 victory over North hews, Gabrielle Flibotte, Maggie Bremer, as the 1920s to work on the farms or in fac- Carolina in the NCAA championship game on Kirstyn Atkinson, Maria Tedeschi, Jessica tories, or serve in the U.S. Armed Forces, or May 24. It capped a perfect 23–0 season for Russo, Alexa Delyra, Brittany Wilbon, Darby to start their own businesses, or to serve their head coach Kelly Amonte Hiller and her team, St. Clair-Barrie, Brianne LoManto, and Sara community as doctors, lawyers, and members joining the 2005 team as the second Harrington, as well the coaches Kelly Hiller, of the clergy. undefeated team in school history. Lindsey Munday, Ann Elliot, and Scott Hiller. I In the years since the descendants of these The Wildcats faced numerous challenges in feel privileged to represent this team in Con- pioneers have prospered and made Carson seeking their fifth consecutive championship, gress and I urge my colleagues to support this and the South Bay one of the most livable yet they rose to meet that challenge each and resolution. communities in the nation and a preferred every time. For instance, when trailing Penn f destination for Filipinos looking to start a new 12–11 with time running out in the first over- life in our country. time period of the NCAA semifinals, Katrina HONORING THE BOOK LAUNCH OF Dowd flipped a miracle shot over her shoulder ‘‘FILIPINOS IN CARSON AND THE The vibrant Filipino community in Carson while falling to the turf, which somehow scored SOUTH BAY’’ BY FLORANTE and the South Bay hosts an annual Festival of with 0.2 seconds remaining, tying the game at PETER IBANEZ AND ROSELYN Philippine Arts and Culture which is one of 12. The team went on to win the game in the ESTEPA IBANEZ Southern California’s oldest, largest, and most second overtime period. heavily attended community festivals. As a team, the Wildcats set NCAA single- HON. LAURA RICHARDSON Madam Speaker, the authors, Florante season records for points (570) and goals OF CALIFORNIA Peter Ibanez and Roselyn Estepa Ibanez, (407), while also leading the nation in draw IN THE HOUSE OF REPRESENTATIVES chronicle the remarkable story of the Filipino controls (16.9 per game). Individually, Hannah experience in Carson and the South Bay. Nielsen became the NCAA’s single-game (10), Tuesday, October 27, 2009 Their book adds a long overdue chapter to the single-season (83) and career assist leader Ms. RICHARDSON. Madam Speaker, I rise American story. I ask my colleagues to join (224). Sixteen of Northwestern’s 23 wins came today to call attention to a very significant with me in honoring Florante Peter Ibanez and against ranked opponents, and they were a event that occurred in my district last Friday, Roselyn Estepa Ibanez and applauding their perfect 10–0 at home, extending their home October 23, 2009. That day marked the public major contribution to Filipino American History winning streak to 54, an NCAA record. introduction of an important new book, ‘‘Fili- Month.

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.006 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2640 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2009 ANSWERING THE CALL IN THE dent at Harvard’s School of Engineering and expenditures for the U.S. Energy Informa- WAKE OF GULF’S FUEL DEPOT Applied Sciences. tion Agency’s (EIA) Annual Energy Outlook, the traditional policy-neutral, business-as- EXPLOSION IN PUERTO RICO Over time, the global energy infrastructure usual scenario. We then compared the total must change because the continued combus- and annual expenditures of capital, steel, tion of fossil fuels is altering Earth’s climate and concrete using World War II as a base- HON. CHARLES B. RANGEL in potentially dangerous ways and because OF NEW YORK line for capital and steel consumption, and the large wealth transfer from mostly demo- the highway project as a baseline for con- IN THE HOUSE OF REPRESENTATIVES cratic oil-importing countries to mostly crete consumption. (Note: Although the cost Tuesday, October 27, 2009 autocratic oil-exporting countries is prop- of steel and concrete also are included in the ping up repressive regimes worldwide. So, we Mr. RANGEL. Madam Speaker, I rise to total capital numbers, we wanted straight know that the world’s energy infrastructure comparisons for the total mass of steel and thank President Barack Obama for his stead- must change. But, the interesting questions concrete to complement the more tradi- fastness in dealing with the state of emer- are: how big an investment are we willing to tional capital comparisons.) gency in my beloved Puerto Rico. An explo- make to bring about that change and how The results are summarized in two charts sion at the fuel storage complex in Catanõ ig- fast are we willing to make that investment? we have generated. The first chart shows nited a fire on Friday, October 23rd, that Many groups have tried to answer these that achieving Gore’s vision of removing fos- questions. In the last year alone former Vice burned for two days, spewing thick, toxic sil fuels from electricity production by 2020 President Al Gore, Google, oilman T. Boone will require 50 percent of the capital and 60 smoke across the Caribbean region and forc- Pickens, Greenpeace, and the International percent of the steel required to wage World ing hundreds of people on the island to evac- Energy Agency all have published hypo- War II as well as 25 percent of the concrete uate their homes. The fire affected 21 of the thetical scenarios for how the United States that was used to construct the Interstate fuel depot’s 40 tanks. The damages are now could transform its energy infrastructure Highway System. (Google’s requirements are estimated at $6.4 million. over the next two decades. Gore’s ‘‘Repower a bit higher because its forecast assumes a In a press statement issued by the office of America’’ calls for generating 100-percent re- higher U.S. growth rate for electricity con- the President’s Press Secretary, President newable electricity by 2020. Google’s ‘‘Clean sumption.) The other chart shows that the annual expenditures required to achieve the Obama swiftly declared that an emergency ex- Energy 2030’’ would eliminate coal- and oil- burning power plants by 2030, while retaining Gore and Google plans would require 60 and ists in the Commonwealth of Puerto Rico. Fur- natural gas power plants to maintain grid 90 percent, respectively, of the concrete used thermore, the President ordered federal aid to stability. Greenpeace is strongly anti-nu- annually for the highway system and about supplement Governor Fortuno’s funds and clear, while Pickens promotes wind power 20 percent of the steel consumed annually other local response efforts in the area struck and natural gas as alternatives to foreign during the peak of war spending. by explosions and fire. oil. Take a moment to consider these numbers. The President’s action authorizes the De- The quantity of new electricity-generating Achieving either plan would require both an capacity proposed in the Gore and Google annual investment of concrete equal to the partment of Homeland Security’s Federal amount used to build the Interstate Highway Emergency Management Agency to coordi- plans has led to criticism that they are unre- alistically expensive. We try to place such System and an annual steel investment nate all disaster relief efforts. The purpose of commentary in a more quantitative context equal to one-quarter of that required to de- this swift action is to alleviate the hardship and by comparing the industrial and financial feat the Axis powers. This is a massive in- suffering caused by the emergency on the commitments necessary to achieve the dustrial investment! Furthermore, these are locals, and to provide appropriate assistance Google and Gore plans to two large-scale, only the steel and concrete requirements; for required emergency measures, authorized government-led efforts from the twentieth the quantity of photovoltaic panels, for example, required to achieve the Gore or under Title V of the Stafford Act. This will save century—the industrial buildup that accom- panied World War II and the construction of Google plan would be 28 and 74 times current lives, protect property and public health and global production, respectively. safety, and lessen or avert the threat of a ca- the Interstate Highway System. These massive projects serve as tangible benchmarks The material requirements to achieve the tastrophe in the municipalities of Bayamoń, for the magnitude of financial commitment Gore plan are significantly lower than those required to achieve the Google plan pri- Catanõ, Guaynabo, San Juan, and Toa Baja. and public support that will be required to marily due to their radically different esti- Although it’s true that we can’t personally rebuild the U.S. power sector. drive those fire engines and we can’t person- Let’s start with a bit of history: The U.S. mates for the growth in electricity production. Google estimates that U.S. electricity industrial commitment to World War II was ally distribute aid, there are still lots of other production will grow by 4 percent to roughly staggering. At its peak, the war occupied always in which we can all help. I, and my fel- 1,024 gigawatts by 2020, which essentially most 40 percent of the nation’s total eco- low colleagues here in Congress, can make matches the EIA’s forecast. The Gore plan, nomic capacity, and it required massive on the other hand, assumes that U.S. elec- sure that our government does not stray from quantities of raw materials—at least 100 tricity production will decrease by a stag- its initial commitments and that bureaucratic megatons of steel to build among other gering 27 percent! That decrease—Gore red tape does not impede any relief efforts to things more than 80,000 tanks, 250,000 planes claims—will result from huge increases in the affected area. We can also appeal to con- and helicopters, and 15 million tons of muni- energy efficiency, but the EIA forecast al- tions. The inflation adjusted annual cost of stituents in our own home districts to give to ready includes significant efficiency im- the local charities that are involved in this ef- the war effort averaged close to $700 billion provements. fort, like the Red Cross or Catholic Charities. between 1943 and 1945, while the total cost of We should note that the energy plans We must never forget that our country’s the war effort topped $2.5 trillion (in 2006 dol- would last longer than World War II, making strength lies not just in the size of our military, lars). the annual rate of spending about 15 percent In comparison, constructing the Interstate of the peak annual war expenses ($100 bil- but also in the depth of our compassion. Any Highway System demanded a less intensive effort will go a long way in relieving the suf- lion–$124 billion versus $800 billion per year). effort—but one of far longer duration. With Also, because the U.S. economy is about six fering that continues to be felt by our fellow the majority of its 47,000 miles covered by 11 times larger today than it was in the 1940s, citizens and Commonwealth neighbors to the inch-thick concrete—and weighing an im- these costs represent a much smaller frac- south. pressive 700 megatons—it remains the larg- tion of the country’s total economic output est public works project in U.S. history. Dur- f (about 1 percent of gross domestic product). ing its peak years of construction, from 1970 Put another way, the economic demands of PUTTING THE PRICE OF GOING to 1980, 17 megatons of concrete were used the war effort were equivalent to diverting GREEN IN CONTEXT annually to create 1,100 miles of roadway a two days of every worker’s five-day work year, at a real annual expense of almost $11 week, the energy plans—over their life- billion, or about 0.3 percent of the nation’s spans—would demand only about 24 minutes HON. ED WHITFIELD annual economic output over that time. The from every worker’s week. OF KENTUCKY project—from its start in 1956 until its sym- Although each plan has other aspects that IN THE HOUSE OF REPRESENTATIVES bolic completion in 1995—cost the nation merit critical analysis (e.g., estimated ca- close to $350 billion (again, in 2006 dollars). pacity factors, load growth rates, and bal- Tuesday, October 27, 2009 How do current energy transformation ance of peak and base-load power) our anal- Mr. WHITFIELD. Madam Speaker, I rise plans compare to these massive govern- ysis yields an interesting conclusion regard- today to highlight an article by Dr. Kurt House mental efforts? ing the required financial and industrial in- To determine the answer, we calculated entitled, ‘‘Putting the Price of Going Green in vestments. Specifically, we have identified the overnight capital cost—the cost of a two precedents for large-scale, governmental Context.’’ The following column was coau- project without interest payments, as if it projects with industrial and financial invest- thored by Benjamin Urquhart, a research as- were finished in one night—as well as the re- ments that exceed the total requirements of sociate at Harvard University’s Center for the quirements in steel and concrete for the both the Gore and Google plans. When meas- Environment, and Mark Winkler, a Ph.D. stu- Gore and Google plans. We also calculated ured against historical extremes, the cost

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.009 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 27, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2641 and physical requirements of these ambi- the Great Lakes and I thank him for his tire- That is why I have introduced a resolution tious energy plans are within the country’s less work over the past three decades to pro- calling for the final language, of the healthcare reach. tect and improve the fishery. package to be available for 30 days before it That doesn’t mean they’ll be cheap. After Mr. Reuss represented the public-at-large comes to the floor for a vote. all, fighting World War II was incredibly ex- on the Commission’s Committee of Advisors pensive—the modern economic equivalent f would be passing a $700 billion stimulus since he was first nominated to serve in 1980 by Governor James Thompson. The Com- COMMEMMORATING THE LIFE OF package every eight weeks for the next three U.S. ARMY RESERVE CAPTAIN years. Furthermore, defeating the fascist mittee is charged with advising the Commis- powers was of utmost importance as those sion about all matters relating to fish stocks BENJAMIN A. SKLAVER powers represented a material and imme- shared by Canada and the United States, as diate threat to every living person in the well as providing an avenue for citizens to be HON. ROSA L. DeLAURO free world. Although we strongly believe heard on issues that matter to them. Mr. OF CONNECTICUT that the world’s energy infrastructure must Reuss’s responsibility was to consider ways in IN THE HOUSE OF REPRESENTATIVES change, we don’t believe that either climate change or energy-driven trade imbalances which all citizens could benefit from protecting Tuesday, October 27, 2009 and restoring the Great Lakes and then to pro- are remotely as scary today as Hitler was in Ms. DELAURO. Madam Speaker, I rise to 1941; and thus, while we could rebuild the en- vide the best advice possible to the Great commemorate the life and mourn together with ergy system as we rebuilt industry for the Lakes Fishery Commission about how the his family the death of an American hero, CPT war effort, the impetus to do so is far small- Commission could better achieve its objec- Benjamin A. Sklaver of Hamden, Connecticut. er today than in was in the 1940s. tives. A captain the 422nd Civil Affairs Battalion, Rather than waging war, rebuilding our en- As an Advisor, Mr. Reuss was a consistent ergy infrastructure according to these plans 3rd Infantry Division serving his second tour of and strong advocate for the Great Lakes. He duty, Benjamin Sklaver was killed in an am- would be more like keeping the peace: Con- stayed in regular contact with boaters, fishers, sider that were the government doing all of bush on Friday, October 2, while on patrol in this spending, it would require an annual and elected officials, was constantly up to date Afghanistan. Struck down at the age of 32, he budget of about one-third the average peace- on Great Lakes issues, and worked tirelessly leaves behind a legacy of humanitarian works time budget of the Defense Department. to keep the Commission and others informed. and honorable deeds that would do any man When we recall that Defense employs more For years, he volunteered his time to help or woman proud. than 3 million people, includes a massive re- educate fishers and citizens about the Great Captain Sklaver was, as his friend Jake search, design, and procurement system, and Lakes, the sea lamprey problem, and ways in Herrle deemed him, ‘‘a combatant of peace,’’ maintains a system of facilities worldwide, which we could all work together to improve and his career of good works took him from we get a sense of the magnitude of these pro- the resource. He was particularly outspoken posed energy plans. Malawi to Djibouti and from Uganda to Central Another important fact to consider is that about the need for effective invasive species Asia. He served as a crisis relief specialist, neither the Gore plan nor the Google plan as- measures, whether they be measures to con- helping people all around the world get back sumes that the government will pay for ev- trol sea lampreys, to prevent Asian carp, or to on their feet after hard times. Compelled to erything transforming the U.S. power sector address the ballast water vector. In 2004, the national service by his patriotism and to hu- entails. Rather, both groups believe—admi- commission honored Mr. Reuss with the C.D. manitarian action by his Jewish faith, Sklaver rably, in our opinion—in the endless capa- ‘‘Buzz’’ Besadny Award for Fostering Great was at once a proud soldier and a humble bilities of the American entrepreneur. In Lakes Partnerships, the Commission’s highest man of peace. Along with his firearm and am- other words, these plans are betting that free recognition. munition, he carried schoolbooks and drinking enterprise will spring into action with the For the first time in its 50-year history, the necessary capital. (With one proviso: Said water. He constructed not only forts and bunk- entrepreneurs are given the proper policy in- Commission has created the position of Advi- ers, but roads, schools, and dormitories. He centives such as a stiff price on carbon emis- sor Emeritus and has asked Mr. Reuss to brought not war and destruction in his wake, sions.) While we also believe in the power of serve in that capacity. So, while Mr. Reuss is but infrastructure and peace. individual initiative coupled with enlight- formally retiring from the Committee of Advi- Before serving in Afghanistan as an army ened policy, we are cognizant of the fact that sors, the Commission and the Great Lakes reservist, Sklaver—a graduate of Tufts Univer- both World War II and the Interstate High- community will not lose his invaluable service. sity as well as its Fletcher School of Law and way System were entirely funded by U.S. I am proud to honor Mr. Richard Reuss as Diplomacy—had worked for FEMA in New taxpayers. So taking on an industrial trans- he retires from the Great Lakes Fishery Com- York and the CDC as an international emer- formation similar in scope to either the war mission’s Committee of Advisors and I ask my effort or the highway system with mostly gency and refugee health analyst. And he was private capital is—to put it modestly—a colleagues to join me in thanking him for his the co-founder of and director of ClearWater challenging proposition. remarkable service to the Great Lakes. Initiative, an organization which aspired to pro- f f vide clean drinking water to refugees displaced by an international emergency. PERSONAL EXPLANATION HEALTH CARE In the past two years, Sklaver’s leadership at ClearWater had managed to provide over HON. MIKE THOMPSON HON. JERRY LEWIS 6,500 people in Uganda with clean drinking OF CALIFORNIA wells. To the thousands of lives he changed in OF CALIFORNIA IN THE HOUSE OF REPRESENTATIVES Uganda, Sklaver was known as ‘‘Moses Ben.’’ IN THE HOUSE OF REPRESENTATIVES Tuesday, October 27, 2009 But to his grieving family—his parents, Gary Tuesday, October 27, 2009 Mr. LEWIS of California. Madam Speaker, and Laura; his siblings, Anna and Samuel; his Mr. THOMPSON of California. Madam there are still at least three very different fiancee, Beth; her son, Danny; and her par- Speaker, on October 26, 2009, I was unavoid- versions of a massive health care package ents, Barbara and Jimmy Segaloff—he was ably unable to cast my votes for rollcall 814 being discussed in the House of Representa- simply Ben, a warm, kind, and generous and rollcall 815. Had I been present, I would tives. There is no firm agreement on whether young man with so much life ahead of him, have voted ‘‘aye.’’ we will have a ‘‘public option’’ or what form it taken from us all too early. Connecticut mourns, and America mourns, f might take. And yet we are being told that this plan MUST be passed before Thanksgiving. this family’s loss. RECOGNIZING MR. RICHARD REUSS Rushing this package to a vote is a huge f mistake. It is dangerous to the futures of all of REMEMBERING HORACE HON. MARK STEVEN KIRK our constituents. This year our federal deficit D’ANGELO, JR. OF ILLINOIS has surpassed $1.4 trillion. And yet, the Dem- IN THE HOUSE OF REPRESENTATIVES ocrat majority wants to expand government in HON. DALE E. KILDEE this healthcare bill, adding hundreds of billions Tuesday, October 27, 2009 OF MICHIGAN more to our deficit. IN THE HOUSE OF REPRESENTATIVES Mr. KIRK. Madam Speaker, I rise today to The work on this bill is being done out of recognize Mr. Richard Reuss of Glenview, Illi- sight of every member except the select few Tuesday, October 27, 2009 nois, who recently retired after thirty years as chosen by the majority leadership. Americans Mr. KILDEE. Madam Speaker, I ask the an Advisor to the Great Lakes Fishery Com- deserve transparency in this process, not Chi- House of Representatives to join me in remission. Mr. Reuss and I share a passion for cago-style strong arm tactics. membering the life and work of Horace

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.011 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2642 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2009 D’Angelo Jr. Mr. D’Angelo passed away on ing that they have the resources and support IN RECOGNITION OF THE LIFE OF October 14th and a memorial service will be that they need. I commend Mr. Carrillo for his MR. LEA FITE held in his honor on October 28th in Madison 38 years of public service and sacrifice to pro- Heights, Michigan. tect our country and the City of El Paso. Horace D’Angelo Jr. earned a BA and MA HON. MIKE ROGERS OF ALABAMA in Business Administration from Michigan f State University and he embarked on a career IN THE HOUSE OF REPRESENTATIVES HONORING THE HONORABLE in nursing home administration. He was the in- Tuesday, October 27, 2009 novator behind the Caretel Inn concept of pro- GIANFRANCO CONTE viding nursing care in a residential setting. He Mr. ROGERS of Alabama. Madam Speaker, has opened Caretel Inns throughout Michigan HON. ROBERT A. BRADY I would like to request the House’s attention including two in my district in Linden and today to pay recognition to the memory of my OF PENNSYLVANIA Frankenlust Township. His commitment to pro- friend, Mr. Lea Fite, of Jacksonville, Alabama. viding the best care for our most vulnerable IN THE HOUSE OF REPRESENTATIVES Mr. Fite was born in Anniston, Alabama, citizens was recognized by the Multiple Scle- Tuesday, October 27, 2009 and was later married to Judy. They were rosis Society when in 2003 they bestowed blessed with four children, Laurie, Wes, Trae Mr. BRADY of Pennsylvania. Madam their da Vinci Award on the Caretel concept. and Jared. Lea attended Jacksonville Univer- Speaker, I rise to honor our colleague from The da Vinci Award is given for, ‘‘the most in- sity and owned several supermarkets across the Republic of Italy, the Honorable novative and assistive technologies that en- Calhoun County. Gianfranco Conte. able equal access and opportunity for all peo- Mr. Fite was elected to the Calhoun County ple, regardless of ability,’’ and is given in the As President of the Finance Commission in Commission in 1998 and then to the Alabama fields of applied research, creation of products the Italian Parliament, Hon. Conte has worked House of Representatives in 2002. He served and design of buildings. tirelessly to strengthen the cultural, economic, tirelessly on behalf of his constituents in the He was a founding member of the Assisted and commercial ties between the United 40th District. Living Federation of America and served on States and Italy. Mr. Fite unexpectedly passed away on Oc- the board of Michigan Assisted Living of Hon. Conte’s efforts have bolstered the rela- tober 26, 2009. He will be sorely missed, but America. Horace is survived by his wife, tionship between the United States and Italy, remembered as a man who gave selflessly for Lorrie, his two children, Michael and Cara, and I ask my colleagues to join me in thanking his fellow Alabamians. He was a man of prin- brother, Jim, and sister, Diana. Hon. Conte for his commitment to a flourishing ciple, of dignity, and a true American and Ala- Madam Speaker, I ask the House of Rep- international partnership. bamian who was always willing to lend a hand resentatives to join me in offering condolences whenever needed. to the relatives and friends of Horace f D’Angelo Jr. as they come together in paying f RECOGNIZING THE CITY OF tribute to his life and work. The field of nursing DESTIN’S 25TH ANNIVERSARY home care has been changed by his compas- A USEFUL QUOTE sion and commitment to providing expert care for the elderly. HON. JEFF MILLER HON. LAMAR SMITH f OF FLORIDA OF TEXAS RECOGNIZING JESUS P. IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES CARRILLO’S 38 YEARS OF PUBLIC Tuesday, October 27, 2009 Tuesday, October 27, 2009 SERVICE Mr. MILLER of Florida. Madam Speaker, I Mr. SMITH of Texas. Madam Speaker, a rise to honor the City of Destin, Florida upon friend and constituent of mine, Adriel HON. SILVESTRE REYES the occasion of its 25th anniversary. ‘‘Squeaky’’ McGill, from San Antonio, Texas, OF TEXAS The City of Destin has a rich historical herit- has given me a quote that I feel has present- IN THE HOUSE OF REPRESENTATIVES age dating back to the American Indian tribes day application. I submit it for the benefit of Tuesday, October 27, 2009 who lived along the Emerald Coast of Florida. my colleagues and citizens everywhere. Mr. REYES. Madam Speaker, I rise today to In 1528, Panfilo de Narvaez first came ashore The following quotation, from 1790 by Dr. recognize Jesus P. Carrillo of El Paso, Texas, in the Destin area. In 1693, another Spanish Alexander Tytler, Professor of General History, for his 38 years of distinguished public serv- explorer, Don Francisco Tapia surveyed the University of Edinburgh, is still instructive: ice. Florida coast and first entered Destin’s East A Democracy cannot exist as a permanent Mr. Carrillo began his career with the United Pass into what is now known as form of government. It can only exist until States Border Patrol in June 1971. Over his Choctawhatchee Bay. the voters discover that they can vote themselves largess out of the public treasury. distinguished career, Mr. Carrillo served as a The first lasting settlement came in the mid– 1800’s when Captain Leonard Destin and his From that moment on the majority always Border Patrol Agent, Special Agent, Under- votes for the candidate promising the most cover Special Agent and Senior Special family moved from New England to build a co- benefits from that public treasury, with the Agent. During his time with the Border Patrol, lonial home at the location of the Monroe result that a democracy will always collapse Mr. Carrillo gained the respect of his col- Point military reservation. While living on the from a loose fiscal policy (burden of large leagues and his work was ultimately honored East Pass peninsula, he met and married Mar- public debt), always to be followed by a dic- by former Attorney General Janet Reno when tha McCullom. Their descendants formed the tatorship. she awarded Mr. Carrillo with the Attorney backbone of the Destin community. Captain General’s Award in 1995. Mr. Carrillo fully em- Destin and his family established a large fish- f ing town that lives on to this day and is known braced the Border Patrol’s mission of securing PERSONAL EXPLANATION our Nation’s borders, and he served with great as the ‘‘World’s Luckiest Fishing Village.’’ honor and distinction. The residents of the South Okaloosa County In his time as a public servant, Mr. Carrillo area voted to incorporate the City of Destin on HON. SOLOMON P. ORTIZ was the subject of several threats and at- November 6, 1984. The first municipal election OF TEXAS tempts on his life. His service is a reminder of was held on January 8, 1985, and less than IN THE HOUSE OF REPRESENTATIVES the many risks that confront Border Patrol a week later the Mayor and City Council were Tuesday, October 27, 2009 agents each day and why we owe them our sworn in. Twenty-five years later, Destin has sincere gratitude for their bravery, service and grown from a sleepy fishing village into one of Mr. ORTIZ. Madam Speaker, on October sacrifice. Before coming to Congress, I served the Emerald Coast’s premier tourist destina- 26, 2009, my flight to Washington, DC, was for 261⁄2 years in the Border Patrol, and I will tions with over 12,000 residents. delayed because of inclement weather, and I always remain a part of that special family. I Madam Speaker, my wife Vicki and I wish to missed rollcall Votes 814 and 815. If I had know first-hand the challenges and dangers congratulate the City of Destin on its 25th an- been present, I would have voted as follows: that the agents face each day, and as a Mem- niversary. We wish them all the best for con- rollcall Vote 814, ‘‘yea,’’ rollcall Vote 815, ber of Congress, I remain committed to ensur- tinued success as a community. ‘‘yea.’’

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 0634 E:\CR\FM\A27OC8.016 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS October 27, 2009 CONGRESSIONAL RECORD — Extensions of Remarks E2643 THE COOPER-WOLF SAFE expense of consumers and small farmers. research to improve the quality of life of those COMMISSION BILL While she was a strident advocate, she was living with Spina Bifida. also patient enough to help those of us who Spina Bifida is a disease that occurs within HON. FRANK R. WOLF needed a little extra educating to get up to the first month of pregnancy and leaves a per- OF VIRGINIA speed on these issues. Today, there are too manent opening in the spinal column, which subsequently impacts nearly every organ sys- IN THE HOUSE OF REPRESENTATIVES few farmers like Kathryn Russell and her husband Wayne. I have strong hopes that she tem. People with this birth defect face many Tuesday, October 27, 2009 has passed on her legacy to her eight children complications—including physical, develop- Mr. WOLF. Madam Speaker, the national and four grandchildren, and that they will mental, educational and vocational challenges, unemployment rate is 9.8 percent with nearly maintain her memory by continuing the work to name just a few. All women of childbearing half of the states reporting increases in the toward lasting rural communities for genera- age are at risk for having a Spina Bifida af- month of September. And it is growing—it tions to come. fected pregnancy. could reach 10 percent. f Too many Americans suffer needlessly from The national debt is approaching $12 trillion, this birth defect when many cases are pre- and the ‘09 fiscal year registered a staggering HONORING COLONEL GINA GROSSO ventable. An estimated 70 percent of neural $1.4 trillion in red ink. Meanwhile the House is tube defects, including Spina Bifida, are pre- expected to consider a health insurance re- HON. JOHN H. ADLER ventable through consumption of folic acid form package with a price tag nearing $900 OF NEW JERSEY prior to pregnancy. National Spina Bifida billion, with a Government run public option. IN THE HOUSE OF REPRESENTATIVES Awareness Month plays a critical role in con- veying this prevention message to the public. America is going broke. Tuesday, October 27, 2009 We have watched the dollar slide—recently As a 2005 study uncovered, the current sys- reaching a 14-month low against all other Mr. ADLER of New Jersey. Madam Speak- tem of care for people with Spina Bifida does major currencies—which if not addressed this er, I would like to congratulate Colonel Gina not fully meet current or anticipated needs, could lead to even higher consumer prices. Grosso and the fellow recipients of National and physicians have little evidence-based re- We can’t spend our way out of this mess, Association of Women Business Owners’ 2009 search on which to build appropriate treat- and it won’t magically get better without action Beyond the Glass Ceiling Award. As Joint ments. A greater commitment to prevention from Congress. Base and 87th Air Base Wing Commander, and improving quality of life for those affected The country is in trouble and it’s time to Colonel Grosso was awarded this year’s Trail- by Spina Bifida is absolutely necessary. stop the bleeding. blazer Award for her work overseeing the uni- Drs. Cheng and Yerkes, who are pediatric The action that will lead to a solution is the fication of Joint Base McGuire-Dix-Lakehurst, urologists at Children’s Memorial Hospital in bipartisan commission JIM COOPER and I have N.J. the 5th Congressional District of Illinois, and proposed with every spending program on the Colonel Grosso entered the Air Force in are on the Professional Advisory Council of table with tax policy. Over 75 members of the 1986 as a Reserve Officer Training Corps dis- the Spina Bifida Association, visited my Wash- House support this idea. tinguished graduate from Carnegie-Mellon Uni- ington office on October 20, 2009 to discuss Senate Budget Chairman KENT CONRAD and versity. She has held several command and the challenges facing children with Spina ranking member GREGG have similar legisla- staff positions throughout her career and her Bifida. I thank Drs. Cheng and Yerkes and the tion in the Senate. So do Senators VOINOVICH command tours include a Headquarters Spina Bifida Association for all of their efforts and LIEBERMAN. Squadron Section, Military Personnel Flight, and leadership over the years. The Cooper-Wolf SAFE Commission bill is Mission Support Squadron, and command of I stand ready to work with my constituents an opportunity to create a renaissance in this the Air Force’s sole Basic Military Training and the Spina Bifida Association to help ele- country for our children and our grandchildren. Group. vate awareness of this condition and its pre- f As commander, Colonel Grosso provides in- vention. I urge my colleagues to learn more stallation support to more than 40 mission about Spina Bifida, to meet with affected con- KATHRYN RUSSELL commanders at McGuire, Dix, and Lakehurst, stituents, and to support the Spina Bifida As- the Department of Defense’s first and only sociation in its important endeavors. HON. THOMAS S.P. PERRIELLO joint base with consolidated Air Force, Army, f OF VIRGINIA and Navy installations. She is responsible for IN THE HOUSE OF REPRESENTATIVES providing mission ready expeditionary Airmen IN RECOGNITION OF GERALD BARNES ON HIS 90TH BIRTHDAY Tuesday, October 27, 2009 to combatant commanders in support of joint and combined operations. Mr. PERRIELLO. Madam Speaker, today I Madam Speaker, I ask that my colleagues HON. JEFF MILLER recognize the untimely passing of Kathryn join me in commending Colonel Gina Grosso. OF FLORIDA Russell, who was killed in a car accident on She is truly a trailblazer and an outstanding IN THE HOUSE OF REPRESENTATIVES the evening of October 22, 2009. She will be leader deserving of this award. Tuesday, October 27, 2009 sorely missed by her friends, family, and com- f munity as well as independent farming advo- Mr. MILLER of Florida. Madam Speaker, I cates throughout the country. My heart goes RECOGNITION OF OCTOBER AS NA- rise to honor Mr. Gerald Floyd Barnes upon out to her husband Wayne and their children TIONAL SPINA BIFIDA AWARE- the occasion of his 90th birthday. Mr. Barnes Holly, Lynn, Laura, Emily, Beth, Charlotte, NESS MONTH has spent a lifetime serving others, and it is a Caleb, and Hannah. privilege to recognize him on his accomplish- Kathryn returned to her grandparents’ roots HON. MIKE QUIGLEY ments today. by beginning her farm over a decade ago and OF ILLINOIS Gerald Barnes was born on October 30, was a valued member of the North Garden IN THE HOUSE OF REPRESENTATIVES 1919 in Baker, Florida. He is one of five chil- community in Albemarle County, Virginia. As dren born to Ottis and Vera Barnes, and he is the owner of Majesty Farms and a founder Tuesday, October 27, 2009 a life-long Northwest Florida resident. When and leader of the Virginia Independent Con- Mr. QUIGLEY. Madam Speaker, I rise today he was five years old, Gerald and his family sumers and Farmers Association, she worked in recognition of October as National Spina moved to Milton, Florida. In 1942, he married to protect family farms, locally grown food, and Bifida Awareness Month. During the month of Irene Russell. They have two children and four to promote ecological and economic sustain- October, the Spina Bifida Association seeks to grandchildren. When World War II ended, Ger- ability. Kathryn took great pride in her work bring awareness to the nation’s most common ald joined his father in the grocery business, and believed strongly in the importance of permanently disabling birth defect—affecting later opening his own store in downtown Mil- community-based farming to create a vibrant 3,000 pregnancies every year. New data from ton—Barnes Supermarket. local economy and a healthy citizenry. I can the Center for Disease Control and Prevention Gerald began his life of elected public serv- personally attest to her fearlessness and tire- (CDC) has found that there are 154,000 Amer- ice in 1950. He served on the Milton City lessness in promoting traditional farming. She icans with Spina Bifida, double what was pre- Council between 1950 and 1962, and then was an ardent skeptic of big government and viously thought. Increasing awareness of was elected as County Commissioner for corporate agriculture, and often saw through Spina Bifida will also focus attention on the Santa Rosa County in 1966. In 1972, Gerald attempts by both to consolidate power at the need to expand and intensify evidence-based was elected as the Clerk of the Court for

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.023 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS E2644 CONGRESSIONAL RECORD — Extensions of Remarks October 27, 2009 Santa Rosa County where he served for twen- Samoa where I had been monitoring ongoing ical status public education program for the ty years. During this time, he has also served relief and recovery efforts of FEMA and others people of Guam. as a deacon of First Baptist Church of Milton, currently underway in response to the dev- This bill is introduced in recognition of the working in various roles including Director of astating earthquake and tsunami that struck Secretary of the Interior’s administrative re- the Junior Department and Director of the those islands on September 29. As the Mem- sponsibility for the economic, social and polit- Adult Department. Gerald is also a member of ber of Congress with the nation’s largest con- ical development of the territory of Guam. Ex- The Gideons International and the Kiwanis centration of Samoan Americans on the main- ecutive Order 10077 signed in 1949 trans- Club of Milton. land and as a member of the Committee on ferred the administration of Guam from the Madam Speaker, Gerald Barnes is a North- Transportation and Infrastructure, undertaking Secretary of the Navy to the Secretary of the west Florida community leader who has spent this fact-finding mission was directly related to Interior, and Congress has provided certain a lifetime serving the public. My wife Vicki and my representational, legislative, and com- levels of self-government for the people of I wish him a happy birthday and his entire mittee responsibilities. Guam since the enactment of the Organic Act family all the best for the future. Because of this excused absence I was not of Guam in 1950. f present for rollcall votes 814 through 815. However, the political status of the territory Had I been present I would have voted as of Guam remains unresolved. The Guam Leg- PERSONAL EXPLANATION follows: islature has passed local laws authorizing the 1. On rollcall No. 814. I would have voted holding of a political status plebiscite. Any HON. JOHN R. CARTER aye. H. Res. 368—Congratulating the Univer- plebiscite requires a public education program OF TEXAS sity of Iowa Hawkeyes wrestling team on win- to inform the people of Guam of various polit- IN THE HOUSE OF REPRESENTATIVES ning the 2009 NCAA Division I National Wres- ical status options. tling Championships (Rep. Loebsack—Edu- Tuesday, October 27, 2009 This bill specifically authorizes federal as- cation and Labor). sistance for such a public education program. Mr. CARTER. Madam Speaker, on October 2. On rollcall No. 815, I would have voted Federal funding for political status public edu- 26, 2009, I was unable to be present for all aye. H. Res. 562—Congratulating Syracuse cation programs is not without precedent. U.S. rollcall votes due to an unexpected travel University for winning the National Collegiate Public Law 101–45 provided $3,500,000 to the delay. Athletic Association Division I Men’s Lacrosse Territory of Puerto Rico to ‘‘participate in the If present, I would have voted accordingly Tournament (Rep. Maffei—Education and legislative process involving the future political on the following rollcall votes: Labor). status of Puerto Rico.’’ Additionally, the now Roll No. 814—aye; f Roll No. 815—aye. independent Republic of Palau was appropriated by U.S. Public Law 101–219, ‘‘such f DEPARTMENT OF THE INTERIOR ASSISTANCE FOR POLITICAL sums as may be necessary for a further ref- PERSONAL EXPLANATION STATUS EDUCATION PROGRAM erendum on approval of the Compact, if one FOR GUAM is required, or other appropriate costs associ- HON. LAURA RICHARDSON ated with the approval process in Palau.’’ The people of Guam have expressed their OF CALIFORNIA HON. MADELEINE Z. BORDALLO desire for a new political status in the past, IN THE HOUSE OF REPRESENTATIVES OF GUAM however, such political status aspirations were IN THE HOUSE OF REPRESENTATIVES Tuesday, October 27, 2009 not realized, despite past efforts by Guam’s Ms. RICHARDSON. Madam Speaker, I ask Tuesday, October 27, 2009 representatives, the administration and Con- unanimous consent to address the House for Ms. BORDALLO. Madam Speaker, today I gress. As a result, a commission of the Gov- 1 minute and revise and extend my remarks. have introduced a bill to authorize the Sec- ernment of Guam has been established to On Monday, October 26, and Friday, Octo- retary of the Interior to award grants and ex- prepare for a new plebiscite. ber 23, I was unavoidably delayed on my re- tend assistance to the Government of Guam I look forward to working with my colleagues turn to Washington from American Samoa and for the purpose of helping to facilitate a polit- to review this bill.

VerDate Nov 24 2008 02:18 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A27OC8.027 E27OCPT1 wwoods2 on DSK1DXX6B1PROD with REMARKS Tuesday, October 27, 2009 Daily Digest Senate Financial Assistance: David Gruen of Wyoming, and Chamber Action William Luckey of Kentucky. Page S10791 Routine Proceedings, pages S10743–S10791 Message from the President: Senate received the Measures Introduced: Ten bills and three resolu- following message from the President of the United tions were introduced, as follows: S. 1931–1940, and States: S. Res. 323–325. Pages S10776–77 Transmitting, pursuant to law, a report relative to Measures Passed: the continuation of the national emergency relative National Hemangioma Treatment Awareness to the actions and policies of the Government of Day: Senate agreed to S. Res. 324, designating No- Sudan as declared in Executive Order 13067 of No- vember 1, 2009, as ‘‘National Hemangioma Treat- vember 3, 1997; which was referred to the Com- ment Awareness Day’’. Page S10791 mittee on Banking, Housing, and Urban Affairs. (PM–37) Page S10775 National Hispanic Media Week: Senate agreed to S. Res. 325, designating October 25 through Oc- Nomination Confirmed: Senate confirmed the fol- tober 31, 2009, as ‘‘National Hispanic Media Week’’ lowing nomination: in honor of the Latino Media of America. By unanimous vote of 97 yeas (Vote No. EX. Page S10791 328), Irene Cornelia Berger, of West Virginia, to be Measures Considered: United States District Judge for the Southern Dis- trict of West Virginia. Unemployment Compensation Extension Act— Pages S10750–56, S10756–58, S10791 Agreement: Senate resumed consideration of the motion to proceed to consideration of H.R. 3548, to Messages from the House: Page S10775 amend the Supplemental Appropriations Act, 2008 Measures Referred: Page S10775 to provide for the temporary availability of certain additional emergency unemployment compensation. Measures Placed on the Calendar: Page S10775 Pages S10769–72 Executive Reports of Committees: Pages S10775–76 During consideration of this measure today, Senate Additional Cosponsors: Pages S10777–78 also took the following action: By 87 yeas to 13 nays (Vote No. 329), three-fifths Statements on Introduced Bills/Resolutions: of those Senators duly chosen and sworn, having Pages S10778–87 voted in the affirmative, Senate agreed to the motion Additional Statements: Pages S10774–75 to close further debate on the motion to proceed to Amendments Submitted: Pages S10787–90 consideration of the bill. Page S10771 A unanimous-consent agreement was reached pro- Authorities for Committees to Meet: Page S10790 viding for further consideration of the motion to Privileges of the Floor: Pages S10790–91 proceed to consideration of the bill at approximately Record Votes: Two record votes were taken today. 11:30 a.m., on Wednesday, October 28, 2009, and (Total—329) Pages S10758, S10771 that time during any period of morning business, recess, or adjournment count post-cloture. Page S10791 Adjournment: Senate convened at 10 a.m. and adjourned at 7:10 p.m., until 9:30 a.m. on Wednes- Appointments: day, October 28, 2009. (For Senate’s program, see Advisory Committee on Student Financial As- the remarks of the Acting Majority Leader in today’s sistance: The Chair, on behalf of the President pro Record on page S10791.) tempore, pursuant to Public Law 99–498, as amended by Public Law 110–315, appointed the following individuals to the Advisory Committee on Student D1234

VerDate Nov 24 2008 03:06 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC9.REC D27OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST October 27, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1235 and Information, National Telecommunications and Committee Meetings Information Administration; Jonathan Adelstein, Ad- (Committees not listed did not meet) ministrator, Rural Utilities Service, USDA Rural Development, Rural Utilities Service, Department of DAIRY PRICES Agriculture; and Mark L. Goldstein, Director, Phys- Committee on Agriculture, Nutrition, and Forestry: Sub- ical Infrastructure Issues, Government Accountability committee on Domestic and Foreign Marketing, In- Office. spection, and Plant and Animal Health, with the BUSINESS MEETING Subcommittee on Production, Income Protection and Price Support, concluded a joint hearing to examine Committee on Commerce, Science, and Transportation: low dairy prices, focusing on exploring avenues for Committee ordered favorably reported the nomina- federal action, after receiving testimony from Russell tions of Anne S. Ferro, of Maryland, to be Adminis- C. Redding, Pennsylvania Acting Secretary of Agri- trator of the Federal Motor Carrier Safety Adminis- culture, Harrisburg; Eric Ooms, New York Farm tration, Cynthia L. Quarterman, of Georgia, to be Bureau, Old Chatham; Paul Toft, Associated Milk Administrator of the Pipeline and Hazardous Mate- Producers Inc., Rice Lake, Wisconsin; Ray Souza, rials Safety Administration, both of the Department Western United Dairymen, Turlock, California; of Transportation, Erroll G. Southers, of California, Doug Nuttelman, Nuttelman Dairy, Stromsburg, to be Assistant Secretary of Homeland Security for Nebraska; Edward W. Gallagher, Dairylea Coopera- Transportation Security Administration, Patrick Gal- tive Inc., Syracuse, New York; Paul Kruse, Blue Bell lagher, of Maryland, to be Director of the National Creameries, L.P., Brenham, Texas, on behalf of the Institute of Standards and Technology, Department International Dairy Foods Association; and Lucas S. of Commerce, Elizabeth M. Robinson, of Virginia, to Sjostrom, Holstein Association USA, Brattleboro, be Chief Financial Officer, and Paul K. Martin, of Vermont. Maryland, to be Inspector General, both of the Na- tional Aeronautics and Space Administration, and a BUSINESS MEETING promotion list in the Coast Guard. Committee on Armed Services: Committee ordered favor- CLEAN ENERGY JOBS AND AMERICAN ably reported the nominations of Christine H. Fox, POWER ACT of Virginia, to be Director of Cost Assessment and Program Evaluation, and Gladys Commons, of Vir- Committee on Environment and Public Works: Com- ginia, to be Assistant Secretary of the Navy, both of mittee held a hearing to examine S. 1733, to create the Department of Defense, and 891 nominations in clean energy jobs, promote energy independence, re- the Army, Navy, Air Force, and Marine Corps. duce global warming pollution, and transition to a clean energy economy, receiving testimony from Ste- AMERICAN RECOVERY AND ven Chu, Secretary of Energy; Ray LaHood, Secretary REINVESTMENT ACT of Transportation; Ken Salazar, Secretary of the Inte- Committee on Commerce, Science, and Transportation: rior; Lisa P. Jackson, Administrator, Environmental Committee concluded an oversight hearing to exam- Protection Agency; and Jon Wellinghoff, Chairman, ine the broadband stimulus programs in the Amer- Federal Energy Regulatory Commission. ican Recovery and Reinvestment Act, focusing on the steps taken to address challenges, and the re- INTELLIGENCE maining risks in evaluating applications and award- Select Committee on Intelligence: Committee held closed ing funds and overseeing funded projects, after re- hearings on intelligence matters, receiving testimony ceiving testimony from Lawrence E. Strickling, As- from officials of the intelligence community. sistant Secretary of Commerce for Communications Committee recessed subject to call.

VerDate Nov 24 2008 03:06 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC9.REC D27OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST D1236 CONGRESSIONAL RECORD — DAILY DIGEST October 27, 2009 House of Representatives tion of higher education: H. Res. 854, to recognize Chamber Action Weber State University for the 120th anniversary of Public Bills and Resolutions Introduced: 15 pub- its founding as an institution of higher education, by lic bills, H.R. 3932–3946; and 3 resolutions, H. a 2⁄3 yea-and-nay vote of 412 yeas with none voting Res. 871–873, were introduced. Pages H11867–68 ‘‘nay’’, Roll No. 818. Pages H11825–26 Additional Cosponsors: Page H11868 Amending title 36, United States Code, to grant Reports Filed: There were no reports filed today. a Federal charter to the Military Officers Asso- Speaker: Read a letter from the Speaker wherein she ciation of America: The House passed S. 832, to appointed Representative Edwards (MD) to act as amend title 36, United States Code, to grant a Fed- Speaker pro tempore for today. Page H11793 eral charter to the Military Officers Association of America. Pages H11826–27 Recess: The House recessed at 10:55 a.m. and re- convened at 12 noon. Page H11796 Suspensions—Proceedings Postponed: The House debated the following measures under suspension of Chaplain: The prayer was offered by the Guest Chaplain, Reverend Chris Williamson, Strong Tower the rules. Further proceedings were postponed: Bible Church, Franklin, TN. Page H11796 Welcoming to the United States and to Wash- Department of the Interior, Environment, and ington, DC, His All Holiness Bartholomew, Arch- Related Agencies Appropriations Act, 2010— bishop of Constantinople, New Rome, Ecumenical Motion to Instruct Conferees: The House agreed Patriarch: H. Res. 838, amended, to welcome to the to the Simpson motion to instruct conferees on H.R. United States and to Washington, DC, His All Ho- 2996, making appropriations for the Department of liness Bartholomew, Archbishop of Constantinople, the Interior, environment, and related agencies for New Rome, Ecumenical Patriarch on his upcoming the fiscal year ending September 30, 2010, by a yea- trip on October 20, 2009, through November 6, and-nay vote of 267 yeas to 147 nays, Roll No. 816. 2009; Pages H11827–30 Debate on the motion occurred on Monday, October Encouraging the Government of Iran to allow 26th. Page H11824 Joshua Fattal, Shane Bauer, and Sarah Shourd to The Chair appointed the following conferees: reunite with their families: S. Con. Res. 45, to en- Dicks, Moran (VA), Mollohan, Chandler, Hinchey, courage the Government of Iran to allow Joshua Olver, Pastor, Price (NC), Obey, Simpson, Calvert, Fattal, Shane Bauer, and Sarah Shourd to reunite LaTourette, Cole, and Lewis (CA). Page H11826 with their families in the United States as soon as Suspensions—Proceedings Resumed: The House possible; and Pages H11830–32 agreed to suspend the rules and pass the following Honoring the 2560th anniversary of the birth of measures which were debated on Monday, October Confucius: H. Res. 784, to honor the 2560th anni- 26th: versary of the birth of Confucius and recognizing his AmericaView Geospatial Imagery Mapping Pro- invaluable contributions to philosophy and social and gram Act: H.R. 2489, amended, to authorize a com- political thought. Pages H11832–33 prehensive national cooperative geospatial imagery mapping program through the United States Geo- Presidential Message: Read a message from the logical Survey, to promote use of the program for President wherein he notified Congress of the con- education, workforce training and development, and tinuation of the national emergency declared with applied research, and to support Federal, State, trib- respect to Sudan—referred to the Committee on For- al, and local government programs, by a 2⁄3 yea-and- eign Affairs and ordered printed (H. Doc. 111–74). nay vote of 379 yeas to 33 nays, Roll No. 817 and Page H11826 Pages H11824–25 Quorum Calls—Votes: Three yea-and-nay votes de- Agreed to amend the title so as to read: ‘‘To au- veloped during the proceedings of today and appear thorize a national cooperative geospatial imagery on pages H11824, H11824–25, and H11825–26. program through the United States Geological Sur- There were no quorum calls. vey to promote use of remote sensing data.’’. Page H11825 Adjournment: The House met at 10:30 a.m. and adjourned at 10:35 p.m. Recognizing Weber State University for the 120th anniversary of its founding as an institu-

VerDate Nov 24 2008 03:06 Oct 28, 2009 Jkt 089060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27OC9.REC D27OCPT1 wwoods2 on DSK1DXX6B1PROD with DIGEST October 27, 2009 CONGRESSIONAL RECORD — DAILY DIGEST D1237 paredness and Response, Department of Health and Committee Meetings Human Services. ENERGY GRID SECURITY LEGAL SERVICES CORPORATION Committee on Energy and Commerce: Subcommittee on Committee on the Judiciary: Subcommittee on Com- Energy and Environment held a hearing entitled mercial and Administrative Law held a hearing on ‘‘Protecting the Electric Grid: H.R. 2165, Bulk the Legal Services Corporation. Testimony was heard Power System Protection Act of 2009, and H.R. from the following officials of the Legal Services 2195, To amend the Federal Power Act to provide Corporation: Helaine Barnett, President; and Michael additional authorities to adequately protect the crit- McKay, Vice Chairman of the Board; Susan Ragland, ical electric infrastructure against cyber attack.’’ Tes- Director, Financial Management and Assurance timony was heard from the following officials of the Team, GAO; and public witnesses. Department of Energy: Joseph McClelland, Director, Office of Electric Reliability, Federal Energy Regu- ASHCROFT V. IQBAL SUPREME COURT latory Commission; and Patricia Hoffman, Principal DECISION Deputy Assistant Secretary, Office of Electricity; and Committee on the Judiciary: Subcommittee on the Con- public witnesses. stitution, Civil Rights and Civil Liberties held hear- PRIVATE FUND INVESTMENT ADVISERS ing on Access to Justice Denied: Ashcroft v. Iqbal. REGISTRATION ACT OF 2009 Testimony was heard from Gregory Katsas, former Assistant Attorney General, Civil Division, Depart- Committee on Financial Services: Ordered reported, as ment of Justice; and public witnesses. amended, H.R. 3818, Private Fund Investment Ad- visers Registration Act of 2009. MAGNUSON-STEVENS FISHERY CONSERVATION ACT IMPLEMENTATION IRAN IN THE WESTERN HEMISPHERE Committee on Natural Resources: Subcommittee on In- Committee on Foreign Affairs: Subcommittee on the sular Affairs, Oceans and Wildlife held an oversight Western Hemisphere, the Subcommittee on the hearing on Implementation of the Magnuson-Stevens Middle East and South Asia and the Subcommittee Fishery Conservation and Management Reauthoriza- on Terrorism, Nonproliferation and Trade held a tion Act of 2006. Testimony was heard from Steven joint hearing on Iran in the Western Hemisphere. A. Murawski, Director, Scientific Programs and Testimony was heard frompublic witnesses. Chief Science Advisor, National Marine Fisheries HOMELAND SECURITY PREPAREDNESS Service, NOAA, Department of Commerce; and pub- GRANTS lic witnesses. Committee on Homeland Security: Subcommittee on USGS-BUREAU OF RECLAMATION AND Emergency Communications, Preparedness and Re- CLIMATE MANAGEMENT sponse held a hearing entitled ‘‘Preparedness: What Committee on Natural Resources: Subcommittee on has $29 billion in homeland security grants bought Water and Power held an oversight hearing entitled and how do we know?’’ Testimony was heard from ‘‘ Water Management and Climate Variability: Infor- Timothy Manning, Deputy Administrator, FEMA, mation Support at the USGS and Bureau of Rec- Department of Homeland Security; David Maxwell, lamation.’’ Testimony was heard from Matthew C. Director, Department of Management, State of Ar- Larsen, Deputy Director, Water Resources Division, kansas; and a public witness. U.S. Geological Survey, Department of the Interior; FEDERAL PANDEMIC INFLUENZA Michael Strobel, Director, National Water and Cli- RESPONSE mate Center, USDA; and public witnesses. Committee on Homeland Security: Subcommittee on GOVERNMENT PROCUREMENT AND Emerging Threats, Cybersecurity and Science, and DISPOSAL Technology held a hearing entitled ‘‘Real-Time As- Committee on Oversight and Government Reform: Sub- sessment of the Federal Response to Pandemic Influ- committee on Government Management, Organiza- enza.’’ Testimony was heard from the following offi- tion and Procurement held a hearing entitled ‘‘IT cials of the Department of Homeland Security: Alex- Procurement and Disposal: Application of the Fed- ander Garza, M.D., Chief Medical Officer and Assist- eral Government’s Green Policies in the Life Cycle ant Secretary, Health Affairs; Richard Serino, Deputy Management of its IT Assets.’’ Testimony was heard Administrator, FEMA; and Marcy Forman, Director, from Representatives Gene Green of Texas and Intellectual Property Rights Coordination Center; Thompson of California; John Stephenson, Director, and Nicole Lurie, M.D., Assistant Secretary, Pre- Natural Resources and Environment, GAO; Casey

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Testimony was heard from Committee on Commerce, Science, and Transportation: to Brad Buswell, Acting Under Secretary, Science and hold hearings to examine combating distracted driving, Technology Directorate, Department of Homeland focusing on managing behavioral and technological risks, 2:30 p.m., SR–253. Security; and public witnesses. Committee on Energy and Natural Resources: to hold hear- ECONOMIC RECOVERY FUNDS OVERSIGHT ings to examine the role of natural gas in mitigating climate change, 10 a.m., SD–366. Committee on Transportation and Infrastructure: Sub- Subcommittee on National Parks, to hold hearings to committee on Economic Development, Public Build- examine current and expected impacts of climate change ings and Emergency Management held a hearing on on units of the National Park System, 2 p.m., SD–366. Recovery Tracking: Following the Dollars to the Committee on Environment and Public Works: to continue Jobs. Testimony was heard from John R. Fernandez, hearings to examine S. 1733, to create clean energy jobs, Assistant Secretary, Economic Development, Eco- promote energy independence, reduce global warming nomic Development Administration, Department of pollution, and transition to a clean energy economy, 9:30 Commerce; Robert Peck, Commissioner, Public a.m., SD–406. Buildings Service, GSA; Bruce Kendall, Director, Committee on Homeland Security and Governmental Affairs: Office of Facilities Engineering and Operations, business meeting to consider S. 1649, to prevent the proliferation of weapons of mass destruction, to prepare for Smithsonian Institution and public witnesses. attacks using weapons of mass destruction, S. 1862, to NATIONAL SECURITY COUNCIL REVIEW provide that certain Secret Service employees may elect to transition to coverage under the District of Columbia Po- Permanent Select Committee on Intelligence: Met in execu- lice and Fire Fighter Retirement and Disability System, tive session to receive a briefing on National Security H.R. 553, to require the Secretary of Homeland Security Council Review. The Committee was briefed by de- to develop a strategy to prevent the over-classification of partmental witnesses. homeland security and other information and to promote CONGRESSIONAL NOTIFICATIONS: the sharing of unclassified homeland security and other information, S. 1755, to direct the Department of Home- INTELLIGENCE COMMUNITY land Security to undertake a study on emergency commu- MANAGEMENT nications, H.R. 730, to strengthen efforts in the Depart- Permanent Select Committee on Intelligence: Sub- ment of Homeland Security to develop nuclear forensics committee on Oversight and Investigations, and the capabilities to permit attribution of the source of nuclear Subcommittee on Intelligence Community Manage- material, S. 1825, to extend the authority for relocation ment held a joint hearing regarding the Congres- expenses test programs for Federal employees, S. 1860, to permit each current member of the Board of Directors of sional Notifications: Intelligence Community Poli- the Office of Compliance to serve for 3 terms, H.R. 955, cies, Practices, and Procedures. Testimony was heard to designate the facility of the United States Postal Serv- from Robert Litt, General Counsel, Office of the Di- ice located at 10355 Northeast Valley Road in rector of National Intelligence. Rollingbay, Washington, as the ‘‘John ‘Bud’ Hawk Post Office’’, H.R. 1516, to designate the facility of the Joint Meetings United States Postal Service located at 37926 Church Street in Dade City, Florida, as the ‘‘Sergeant Marcus DEPARTMENT OF THE INTERIOR, Mathes Post Office’’, H.R. 1713, to name the South Cen- ENVIRONMENT, AND RELATED AGENCIES tral Agricultural Research Laboratory of the Department APPROPRIATIONS ACT of Agriculture in Lane, Oklahoma, and the facility of the United States Postal Service located at 310 North Perry Conferees agreed to file a conference report on the dif- Street in Bennington, Oklahoma, in honor of former Con- ferences between the Senate and House passed gressman Wesley ‘‘Wes’’ Watkins, H.R. 2004, to des- versions of H.R. 2996, making appropriations for ignate the facility of the United States Postal Service lo- the Department of the Interior, environment, and re- cated at 4282 Beach Street in Akron, Michigan, as the lated agencies for the fiscal year ending September ‘‘Akron Veterans Memorial Post Office’’, H.R. 2760, to 30, 2010. designate the facility of the United States Postal Service

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located at 1615 North Wilcox Avenue in Los Angeles, Committee on Foreign Affairs, to mark up H.R. 2194, California, as the ‘‘Johnny Grant Hollywood Post Office Iran Refined Petroleum Sanctions Act of 2009, 10 a.m., Building’’, H.R. 2972, to designate the facility of the 2172 Rayburn. United States Postal Service located at 115 West Edward Subcommittee on the Middle East and South Asia, Street in Erath, Louisiana, as the ‘‘Conrad DeRouen, Jr. hearing on A Regional Overview of the Middle East, 1 Post Office’’, H.R. 3119, to designate the facility of the p.m., 2172 Rayburn. United States Postal Service located at 867 Stockton Committee on the Judiciary, hearing on Legal Issues Re- Street in San Francisco, California, as the ‘‘Lim Poon Lee lating to Football Head Injuries, 10 a.m., 2141 Rayburn. Post Office’’, H.R. 3386, to designate the facility of the Committee on Natural Resources, to mark up the fol- United States Postal Service located at 1165 2nd Avenue lowing bills: H.R. 2213, To reauthorize the Neotropical in Des Moines, Iowa, as the ‘‘Iraq and Afghanistan Vet- Migratory Bird Conservation Act; H.R. 2888, Devils’ erans Memorial Post Office’’, H.R. 3547, to designate the Staircase Wilderness Act of 2009; H.R. 2781, To amend facility of the United States Postal Service located at 936 the Wild and Scenic Rivers Act to designate segments of South 250 East in Provo, Utah, as the ‘‘Rex E. Lee Post the Molalla River in Oregon, as components of the Na- Office Building’’, H.R. 2215, to designate the facility of tional Wild and Scenic Rivers System; H.R. 86, To the United States Postal Service located at 140 Merriman eliminate an unused lighthouse reservation, provide man- Road in Garden City, Michigan, as the ‘‘John J. Shivnen agement consistency by bringing the rocks and small is- Post Office Building’’, and the nominations of Rafael lands along the coast of Orange County, California, and Borras, of Maryland, to be Under Secretary of Manage- meet the original Congressional intent of preserving Or- ment for Homeland Security, David S. Ferriero, of North ange County’s rocks and small islands; and H.R. 118, To Carolina, to be Archivist of the United States, National authorize the addition of 100 acres to Morristown Na- Archives and Records Administration, and Susan Tsui tional Historical Park, 10 a.m., 1324 Longworth. Grundmann, of Virginia, and Anne Marie Wagner, of Committee on Oversight and Government Reform, hearing Virginia, both to be a Member of the Merit Systems Pro- entitled ‘‘Executive Compensation: How Much is Too tection Board, 10 a.m., SD–342. Much?’’ 11 a.m., 2154 Rayburn. Ad Hoc Subcommittee on Contracting Oversight, to Committee on Rules, to consider H.R. 3854, Small Busi- hold hearings to examine new Office of Management and ness Financing and Investment Act of 2009, 3 p.m., Budget (OMB) guidance to combat waste, inefficiency, H–313 Capitol. Committee on Small Business, hearing entitled ‘‘The Re- and misuse in federal government contracting, 2:30 p.m., covery Act and Broad Evaluation of Broadband Invest- SD–342. ments on Small Businesses and Job Creation,’’ 10 a.m., Committee on the Judiciary: to hold hearings to examine 2360 Rayburn. effective strategies for preventing health care fraud, 10 Committee on Transportation and Infrastructure, Sub- a.m., SD–226. committee on Aviation, hearing on NEXTGEN: A Re- Special Committee on Aging: to hold hearings to examine view of the RTCA Mid-Term Implementation Task Force 401(k) target date funds, 2 p.m., SD–562. Report, 2 p.m., 2167 Rayburn. Committee on Veterans’ Affairs, to mark up the following: House H.R. 1168, Veterans Retraining Act of 2009, and a draft Committee on Agriculture, Subcommittee on Horticulture bill the Veterans’ Small Business Assistance and and Organic Agriculture, hearing to review the imple- Servicemembers Protection Act of 2009, 10 a.m., 334 mentation of the Horticulture and Organic Agriculture Cannon. Title of the Food, Conservation and Energy Act of 2008, Permanent Select Committee on Intelligence, Subcommittee 10 a.m., 1300 Longworth. on Technical and Tactical Intelligence, executive, briefing Committee on Financial Services, to consider the following on Overhead Architecture, 4 p.m., 304 HVC. measures: H.R. 3890, To amend the Securities Exchange Act of 1934 to enhance oversight of nationally recognized Joint Meetings statistical rating organizations; and a Discussion Draft Commission on Security and Cooperation in Europe: to hold (revised) of October 16, 2009 of the Accountability and hearings to examine advancing United States interests in Transparency in Rating Agencies Act, 10 a.m., 2128 the Organization for Security and Cooperation in Europe Rayburn. (OSCE) region, 2 p.m., SVC–212/210.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, October 28 10 a.m., Wednesday, October 28

Senate Chamber House Chamber Program for Wednesday: After the transaction of any Program for Wednesday: To be announced. morning business (not to extend beyond two hours), Sen- ate will continue consideration of the motion to proceed to consideration of H.R. 3548, Unemployment Com- pensation Extension Act.

Extensions of Remarks, as inserted in this issue

HOUSE Klein, Ron, Fla., E2638 Richardson, Laura, Calif., E2637, E2639, E2644 Lewis, Jerry, Calif., E2641 Rogers, Mike, Ala., E2642 Adler, John H., N.J., E2643 Lowey, Nita M., N.Y., E2637 Ryan, Tim, Ohio, E2638 Bordallo, Madeleine Z., Guam, E2644 Miller, Jeff, Fla., E2642, E2643 Schakowsky, Janice D., Ill., E2639 Brady, Robert A., Pa., E2642 Ortiz, Solomon P., Tex., E2642 Smith, Lamar, Tex., E2642 Carter, John R., Tex., E2644 Perriello, Thomas S.P., Va., E2643 DeLauro, Rosa L., Conn., E2641 Quigley, Mike, Ill., E2638, E2643 Thompson, Mike, Calif., E2641 Higgins, Brian, N.Y., E2638 Radanovich, George, Calif., E2638 Whitfield, Ed, Ky., E2640 Kildee, Dale E., Mich., E2641 Rangel, Charles B., N.Y., E2640 Wolf, Frank R., Va., E2643 Kirk, Mark Steven, Ill., E2641 Reyes, Silvestre, Tex., E2642 Woolsey, Lynn C., Calif., E2637

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